Cap. 563 Art. 58Power to make regulations.

(1) The Minister may, after consultation with the Authority, make regulations:

(a) in respect of any of the functions of the Authority and in connection with any matter relating to its proper function;

(b) to establish fees for the provision of any service or the management of a service by the Authority or by any person on its behalf or under its authority, including, without prejudice to the generality of the foregoing, any fees or other charges for any service in connection with the regulation of any activity by the Authority;

(c) for the making of any deposit or the giving of any guarantee to ensure the performance of any obligation by any person imposed as a condition of any permit, authorisation or licence under this Act;

(d) for the powers and duties of officers, employees and or any person of any such place or building;

(f) for regulating, declaring and defining its property or property over which it has a right;

(g) regulating the use of its property or property over which it has a right, whether movable or immovable;

(h) prescribing what type of information held by the Authority shall be accessible to the public, as well as to establish the procedure concerning access thereto and the relative fees to be paid to obtain copies of such information;

(i) excluding the Authority from any liability, other than liability for gross negligence, incurred in connection with the execution of its duties under the said regulations;

(j) establishing offences and the relative punishments in relation to the contravention of any of the provisions of this Act;

(k) to provide and prescribe schedules to this Act;

(l) to provide for the amendment, the substitution or the addition or to otherwise the alteration of anything contained in the Schedules to this Act;

(m) to provide that any person who acts in contravention of any regulation under this Act shall be guilty of an offence against this Act, and establishing such penalty, being a penalty not greater than a fine (multa) of one hundred thousand euro (€100,000) or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment, to which any person so guilty may be liable: Provided that such regulations may provide that a person who, having been sentenced for an offence against the same regulation by a judgement which has become absolute, commits a further offence against the same regulation within such time as may be prescribed, shall be liable to pay a higher fine (multa), not exceeding double the fine (multa) which would otherwise have been inflicted, and for the purpose of this proviso the maximum fine that may be established by such regulations shall be two hundred thousand euro (€200,000): Provided further that such fine shall in all cases be due to the Government as a civil debt, and that where the person guilty of the offence is a director, secretary or manager of a body corporate for the economic benefit of which the offence was committed, such body corporate shall be liable in solidum with the offender by or under any other law.

(2) Any power conferred by this Act to make regulations, rules, orders, lists, schedules and any other instrument of like nature, includes the power from time to time to revoke, replace, amend, alter or add to any such instrument as aforesaid.

(3) Regulations or orders under sub-article (1) may, for the purpose of securing compliance with the provisions thereof, provide for the imposition of penalties not exceeding a fine (multa) of two hundred thousand euro (€200,000) or a penalty of not more than one thousand and five hundred euro (€1,500) for each day that the offence persists and imprisonment for a term not exceeding two years.

(4) Regulations or orders under this article may, for the purpose of the proper implementation and enforcement thereof, provide for the granting of the power to the Authority to enter and search any premises, to have access to any relevant document in any form, to require any person to supply any relevant information, to carry an on-site inspection, to issue an order to any person to cease from doing any thing which constitutes an infringement of this Act or of any regulation or order made thereunder and to demand from any person an undertaking to desist from doing any such thing and to publish any such undertaking and any decision of the Authority related to the said regulations or orders.

(5) Generally, the Minister may also make regulations providing for the discipline of the employees of the Authority or of the contractor, whether regular or casual, and the procedures to be followed for such purpose, including the appointment of a disciplinary board and the conduct and procedure thereof, and providing for the punishments that may be awarded by such board.