S.L. 545.14 Art. 8Powers to impose conditions of licence.

(1) The Regulator has the power, through the licence, to establish such conditions as the Regulator considers requisite or expedient having regard to the functions established by the Act.

(2) Water suppliers or sewerage services operators falling under any one category specified in regulation 3(1) shall be subject to similar conditions, while different conditions may be established for different categories specified in regulation 3(1).

(3) The Regulator may, however, distinguish in its licence conditions between:

(a) water suppliers and non-potable water suppliers;

(b) water suppliers based on the volume of water supplied;

(c) sewerage services operators based on the volume of sewage collected and, or treated and, or disposed of.

(4) The Regulator may include conditions in the licence, consistent with any direction of a policy nature that the Minister may give, and regarding, but not necessarily be limited to:

(a) the grant and term of the licence including the identification of support functions to be provided by the water supplier or sewerage services operator, in sewerage services operator, to the Regulator;

(d) compliance requirements to conditions, directions, management letters, standards, guidelines, codes or rules given by the Regulator and other laws;

(e) charges and tariffs for the provision of the regulated services;

(f) the water suppliers’ or sewerage services operators’ service obligations including but not limited to obligations to customers, development of emergency response plans, asset management plans and security plans;

(g) the monitoring, recording, submission, reporting and auditing of information to the Regulator;

(h) the inspection, making copies and taking extracts from books and records held by a water supplier or sewerage services operator and the carrying out of measurements and tests in relation to any premises, assets or plant;

(i) the assessment and auditing of operations and compliance with licence conditions;

(j) the regulation of subsidiary companies and, or companies and, or co-operatives providing part of the regulated services.

(5) Any person granted a licence under these regulations shall:

(a) comply with any direction given by the Regulator as to such matters as are specified in the licence or are of a description so specified;

(b) provide the services in accordance with such licence conditions: Provided that the authorised provider shall inform the Regulator of any changes relating to his service activity which result in the conditions for his authorisation no longer being met and the creation of subsidiaries whose activities fall within the scope of the authorisation and, or the authorisation scheme;

(c) do or not do such things as are specified in the licence or are of a description so specified;

(d) comply with the decisions or directions issued by the Regulator for the purposes of complying with any of Malta’s international obligations. conditions of the licence, or by these regulations, or

(b) the licensee does not possess all other relevant permits or licences that are issued by any other authority or regulatory body, or

(c) the licensee is contravening any statutory or other requirement imposed by any law, or

(d) the licensee fails to comply with any direction given by the Regulator as to such matters as are specified in the licence or are of a description so specified, or

(e) any information submitted in the application for a licence or the application for renewal of a licence and on which the licence has been issued or renewed, as the case may be, is determined to be false, or

(f) the licensee fails to pay the licence fee as established in regulation 13: Provided that in exercising the powers for suspension, revocation or cancellation of licences the Regulator may take account of the nature of the failure, or the fact that the licensee is taking the appropriate steps, as it appears to the Regulator, to comply with the conditions of the licence or any other fact that the Regulator may deem relevant: Provided further that, any decision taken by the Regulator, including refusal or withdrawal of an authorisation, shall be fully reasoned and shall be open to challenge before the the Administrative Review Tribunal established by article 5 of the Administrative Justice Act: Provided also that, in case of failure by the Regulator to inform the applicant regarding any decision taken concerning access to a service activity or the exercise thereof, including refusal or withdrawal of an authorisation, shall not mean in any manner whatsoever, that the Regulator has tacitly granted such authorisation and that the applicant has automatically been granted access to a service activity, or the exercise thereof.

(2) No person may provide any of the services referred to in regulation 3 where the Regulator has suspended the licence and until such time that the suspension of the licence is lifted by the Regulator.

(3) No person may provide any of the services referred to in regulation 3 where the Regulator has revoked or cancelled the licence and until such time that a new licence is issued by the Regulator.

(4) Any person whose licence has been cancelled or revoked may re-apply for a licence and such a new application shall be subject to all the provisions established by these regulations.

(2) Before making modifications, the Regulator shall give notice to the licensees:

(a) stating that it proposes to make modifications to the licence and setting out their effect;

(b) stating the reasons why the modifications are being proposed;

(c) specifying the period (not being less than three months from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made, and the Regulator shall be bound to consider any representations and objections which are duly made and not withdrawn.

(3) The notice referred to in subregulation (2) shall be:

(a) brought to the attention of the Minister and the water supplier or sewerage services operator;

(b) brought to public attention by the publication of a notice in the Government Gazette.