Cap. 423 Art. 4Functions of the Authority.

(1)* The Authority shall have the following functions:-

(a) to regulate, monitor and keep under review all practices, operations and activities relating to energy, water and mineral resources;

(b) to grant any licence, permit or other authorisation, for the carrying out of any operation or activity relating to energy, water and mineral resources;

(c) to regulate and secure interconnectivity for the production, transmission and distribution of the services or products regulated by or under this Act;

(d) to ensure fair competition in all such practices, operations and activities;

* Still in force in relation to mineral resources and to the legislation listed in the Second Schedule to Act XXV of 2015 only.

(e) to establish minimum quality and security standards for any of the said practices, operations and activities and to regulate such measures as may be necessary to ensure public and private safety;

(f) to secure and regulate the development and maintenance of efficient systems in order to satisfy, as economically as possible, all reasonable demands for the provision of the resources regulated by or under this Act;

(g) to carry out studies, research or investigation on any matter relating to the resources regulated by or under this Act;

(h) to provide information and issue guidelines to the public and to commercial and other entities on matters relating to the said resources;

(i) to regulate the price structure for any activity regulated by this Act and where appropriate to establish the mechanisms whereby the price to be charged for the acquisition, production, manufacture, sale, storage and distribution thereof is determined;

(j) to establish the minimum qualifications to be possessed by any person who is engaged or employed in any activity regulated by or under this Act;

(k) to establish measures for the protection of the environment and to promote the efficient use of resources in the practices, operations and activities regulated by or under this Act;

(l) to ensure that international obligations entered into by the Government relative to the matters regulated by or under this Act are complied with;

(m) to advise the Minister on the formulation of policy in relation to matters regulated by this Act, and in particular in relation to such international obligations;

(n) otherwise to advise the Minister on any matter connected with its functions under this Act;

(o) to formulate and implement the policies and strategies with short-term and long-term objectives, in relation to the activities regulated by this Act;

(p) promote the interests of consumers and other users in Malta, particularly vulnerable consumers, especially in respect of the prices charged for, and the quality and variety of the services and, or products regulated by or under this Act;

(q) to determine disputes in relation to matters regulated by or under this Act;

(r) to perform such other functions as may from time to time be assigned to it by the Minister.

(2) The Authority shall also:-

(a) (Repealed by Act XXV. 2015.43). (b)* in relation to water -

(i) secure and regulate the acquisition, production, storage, distribution or other disposal of water for domestic, commercial, industrial or other purposes;

(ii) secure and regulate the conservation, augmentation and operation of water resources and the sources of water supply;

(iii) secure and regulate the treatment, storage, disposal, use or re-use, as appropriate, of sewage, waste water, sludge and storm water run-off;

(iv) secure and regulate the provision of adequate systems of public sewers and to ascertain their cleanliness, safety and efficiency;

(v) ensure the safe discharge, reception, treatment and disposal of trade effluent;

(vi) encourage and regulate the re-use of treated effluent;

(vii) ensure the proper and fit disposal of waste water sewage;

(viii) maximise the use of storm water run-off;

(c) in relation to mineral extraction -

(i) carry out such functions as may be authorised by the Minister in terms and for the purposes of the Petroleum (Production) Act and the Prime Minister in terms and for the purposes of the Continental Shelf Act;

(ii) subject to the provisions of sub-paragraphs (i) of this paragraph, regulate all matters relating to petroleum extraction;

(iii) subject to the provisions of sub-paragraphs (i) and (ii) of this paragraph regulate all matters relating to the extraction of mineral resources;

(iv) ensure the optimum utilisation of mineral resources and regulate the quality and quantity of minerals extracted;

(d) (Repealed by Act XXV. 2015.43) †

(3) The provisions of this article shall be without prejudice to the exercise of the functions of any authority established by or under any law in relation to public health, the environment or any other matter falling within the functions of any such authority. ‡

(4) The Authority may require any authorised provider to provide it with any information, including financial information that the Authority considers necessary for the purpose of ensuring

* in force in relation to the legislation listed in the Second Schedule only. † in force as applicable. ‡ in force in relation to the legislation listed in the Second Schedule and to mineral resources only compliance with the provisions of this Act, regulations prescribed thereunder and decisions or directives made in accordance with this Act, regulations prescribed thereunder or any other law which the Authority is entitled to enforce. Any person who fails or refuses to provide such information shall be in contravention of this Act and shall be liable to the imposition of an administrative fine as may be prescribed by the Authority.

5.* (1) Subject to the other provisions of this Act the affairs and business of the Authority shall be the responsibility of the

Authority itself but save as aforesaid, the executive conduct of the

Authority, its administration and organisation and the administrative control of its officers and employees, shall be the responsibility of the Chief Executive of the Authority, who shall also have such other powers as may from time to time be delegated to him by the Authority.

(2) The Authority shall, in consultation with the Minister, establish Directorates, Units, Divisions and Sections as appropriate, and vested with such responsibilities as it may decide and which it may vary from time to time, as it deems appropriate.

(3) The Authority shall exercise its functions through the Directorates, Units, Divisions and Sections so established and for such purpose it shall vest in each of the Directorates, Units, Divisions and Sections so established and subject to the overall supervision and control of the Chief Executive, such of its functions as relate or are ancillary to the matters for which it is responsible so as to enable the said Directorate, Unit, Division and Section to give effect to the policies of the Authority and to otherwise discharge effectively and efficiently the functions of the Authority in its respective area of operation.

(4) Each of the Directorates, Units, Divisions and Sections so established shall be headed by an individual who shall either be a public officer detailed for duty with the Authority or an employee of the Authority or a person detailed to work for the Authority in accordance with an agreement made between the Authority and a public or private undertaking, in either case having adequate experience or knowledge in the respective area of operation.

(5) The Authority and each of the Directorates, Units, Divisions and Sections may exercise any one or more of their functions either directly or through any of their officers or employees or through an agency authorised for the purpose, or through a contractor or other person with whom an agreement for the performance of any one or more of such functions has been entered into:

Provided that nothing in this subarticle shall authorise the Authority to contract out any of its regulatory or licensing functions.

(6) Where in this Act anything is to be done by or against or with respect to the Authority, or any notice is to be or may be given

* this article is in force limitedly with reference to mineral resources and to the legislation listed in the Second Schedule to Act XXV of 2015. to the Authority, any such thing or notice may also be done by or against or with respect to or be given to the Directorate, Unit, Division and Section under whose jurisdiction the matter falls by reason of a delegation of function to such Directorate, Unit, Division and Section; and for the purposes aforesaid any reference in this Act to the Authority includes a reference to the appropriate Directorate, Unit, Division and Section.

(7) The Chief Executive and the heads of the Directorates, Units, Divisions and Sections shall be appointed by the Authority following consultation with the Minister for a period of three years and such period may be extended for further periods of three years each:

Provided that the first Chief Executive and the first head of each Directorate, Unit, Division and Section shall be appointed by the Minister.

(8) The Chief Executive shall attend all the meetings of the Board but shall not vote at such meetings: Provided that the Authority may if it so deems fit require the Chief Executive not to attend any of the meetings or any part of a meeting.

(9) The Chief Executive shall be responsible for the implementation of the objectives of the Authority in the exercise of its functions and without prejudice to the generality of the foregoing he shall -

(a) assume full responsibility for the overall supervision and control of the Directorates, Units, Divisions and Sections;

(b) assign to each Directorate, Unit, Division and Section such duties which he considers necessary or expedient;

(c) co-ordinate the workings of the Directorates, Units, Divisions and Sections;

(d) develop the necessary strategies for the implementation of the objectives of the Authority;

(e) advise the Authority on any matter it may refer to him or on any matter which he considers necessary or expedient; and

(f) such other duties as the Authority may assign to him from time to time. *