The Regulator for Energy and Water Services issues authorisations under the Electricity Regulation (S.L.545.34) for the construction and/ or reconstruction of fossil fuel generating stations.
Any person wishing to construct or reconstruct a fossil fuel generating station is required to apply in writing to the Regulator for Energy and Water Services and obtain such an authorisation issued by the Regulator under these regulations prior to the construction or reconstruction of a fossil fuel generating station.
Authorisation to construct or reconstruct a fossil fuel generating station: Application for Authorisation to Construct or Reconstruct a Generating Station REWS/005/v8-08-02/24
The Regulator for Energy and Water Services issues licences for the generation of electricity from a fossil fuel generating station under Regulation 4 of the Electricity Regulations (S.L.545.34).
Any person wishing to:
- generate electricity from a newly constructed fossil fuel generating station;
- renew a licence for the generation of electricity from a fossil fuel generating station;
- transfer a licence for the generation of electricity from a fossil fuel generating station;
is required to apply in writing to the Regulator for Energy and Water Services and be in possession of a licence for the generation of electricity issued by the Regulator under the Electricity Regulations (S.L.545.34).
Application for licence for the generation of electricity: Application for a Generation Licence REWS/143/v7-07-02/24
Electricity Regulations (S.L.545.34)
- Details / number of Identity card or passport or company registration number and/or VAT number of the applicant as applicable;
- Details /number of Identity card or passport or company registration number and/or VAT number the owner if not the same as the applicant as applicable;
- Handwritten signature of the applicant (or all legal representatives in the case of a Company/Partnership) required on the application form;
- Handwritten signature of the owner if not the applicant (or all legal representatives in the case of a Company/Partnership) on the application form in all cases;
- In the case of a company or Legal organisation, the details of the Legal Representative are required to be submitted.
- A recent (< 3 months old) police conduct certificate of the applicant. In the case of a company/ Legal Organisation, the police conduct certificates of all the Directors and Legal Representatives is required to be submitted.
- A copy of the identity card or passport of the applicant or the Legal Representative/s in the case of a company / Legal Organisation.
In addition, the following documents are also required to be submitted:
- Financial information for both the applicant and the owner if the owner is not the applicant. This shall include the financial history and business plan. (Generating stations less than 5MW may be exempted from submitting financial information).
- Construction and commission programme. (Note 1)
- Maps(s) or marine charts sufficient to identify the location of the generating station to which the application relates.
- System stability study showing that the generating plant will not affect the security and stability of the system or a statement to the same effect issued by the Distribution System Operator (DSO) – Enemalta plc. (Note 1)
- Connection offer issued by the DSO – Enemalta plc or a confirmation issued by the DSO that an existing connection agreement is being sought. (Note 1)
- Power Purchase Agreement (if applicable)
- Planning permission [including an approved Environmental Impact Assessment (where applicable)] issued by the Planning Authority or;
- confirmation from the Planning Authority that the proposal does not require planning permit.
- An IPPC permit issued by the Environment and Resources Authority or;
- confirmation from the Environment and Resources Authority that the proposal does not require an IPPC permit.
- Memorandum and Articles of Association of the Applicant (if the applicant is a company).
- Memorandum and Articles of Association of the owner (if the owner is a company and different from the Applicant).
- A borehole drilling permit issued by the Malta Resources Authority or confirmation from the Malta Resources Authority that the proposal does not require a borehole drilling permit;
- an effluents discharge permit issued by the Environment and Resources Authority or confirmation from the Environment and Resources Authority that the proposal does not require an effluents discharge permit.
Note 1: Such information is not required for the issue or renewal or transfer of licence for the generation of electricity).
- A non-refundable application fee of two hundred euro(€200 ) for applications for the authorisation of generation stations with a capacity equal to or greater than 40kW but less than 5MWp;
- A non-refundable application fee of five hundred euro(€500) for applications for the authorisation of generation stations with a capacity of 5MWp or more;
Regulation 27(2) of the Electricity Regulations (S.L.545.34 establishes that any person who fails to abide by the provisions of a compliance order issued by the Regulator shall, without prejudice to any other liability under these regulations, the Act or any other law, be guilty of an offence. and be liable, on conviction, to a fine (multa) of not less than one thousand euro (€1,000) and of not more than sixty thousand euro (€60,000) for each day during which the failure to comply subsists.
Regulation 28(1) establishes that any person who contravenes any of the provisions of the Electricity Regulations or of a licence condition or of an authorisation or approval issued thereunder, shall be guilty of an offence, and shall, on conviction, be liable to a fine (multa) of not more than sixty nine thousand euro (€69,000) or for one thousand and three hundred euro (€1,300) for each day during which the offence persists.
Regulation 28(2) establishes that a person who, when information is requested or required by the Regulator, knowingly or recklessly –
- gives any false, inaccurate or misleading information; or
- supplies incomplete information; or
- fails, without reasonable cause, to supply information requested within the time given; or
- prevents or hinders any investigation; or
- produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in any material respect,
shall be guilty of an offence. and shall, on conviction, be liable to a fine (multa) of not less than one thousand euro (€1,000) and of not more than sixty thousand euro (€60,000) for each day during which the failure to comply subsists.
Regulation 28(3) establishes that where any person fails to comply with the provisions of the regulations or of a licence or authorisation condition for a period not exceeding three months, the Regulator may revoke such licence or authorisation.
Regulation 29(1) and 29 (2) establish that the Regulator may impose an administrative fine upon any person who infringes any provision of the regulations or who fails to comply with any directive or decision given by the Regulator in ensuring compliance with these regulations and such fines:
- shall not exceed one hundred thousand euro (€100,000) for each contravention and, or six hundred euro (€600) for each day of noncompliance, from the date of the decision given by the Regulator; and
- in the case of an undertaking (including a vertically integrated undertaking) or a body corporate, up to 10% of the total turnover concerned in the preceding business year. Provided that in the case of an undertaking, including a vertically integrated undertaking or a body corporate, a fine of up to 10% of the annual turnover concerned in the preceding business year, which amount exceeds one hundred thousand euro (€100,000) may, in any such case be impose.
In the case of an application for a renewal or transfer licence for the generation of electricity, Regulation 4(6) of the Electricity Regulations establishes that the Regulator shall communicate to the applicant in writing within a reasonable time, which shall not be of more than six (6) months from the date of receipt of a valid application.
In general, the Maltese Administrative Law establishes that in the absence of a reply this is construed to be tantamount to a refusal and the applicant has a right to appeal.
Any decision taken by the Regulator, including refusal of an application for or withdrawal of an authorisation or a licence, may be subject to appeal before the Administrative Review Tribunal established by Article 5 of the Administrative Justice Act and the provision in Regulation 30 of the Electricity Regulations (S.L.545.34)
An application may be submitted together with all associated documentation and relevant payments referred to in the application form either by post or by hand to:
Regulator for Energy and Water Services,
Zentrum Business Centre,
Level 1,
Mdina Road,
Qormi – QRM 9010,
Malta.
