Authorisation to Operate an Autogas Retail Station
The Regulator for Energy and Water Services issues authorisations to persons operate an Autogas Retail Station in accordance with the Liquified Petroleum Gas Market Regulations – S.L. 545.20.
An “Autogas retail station” means an authorised facility which has been authorised by the Regulator to store and retail Autogas and which may be subject to any such conditions as the Regulator may establish.
Any person (including any legal person) that intends to:
- operate an Autogas Retail Station;
- renew an existing authorisation to operate an Autogas retail station;
- transfer an existing authorisation to operate an Autogas retail station;
is required to apply in writing to the Regulator for Energy and Water Services and be in possession of an authorisation issued by the Regulator under these regulations prior to providing and offering such a service, and operating such a system, and carrying out the service activity and the exercise thereof.
Prospective applicants are invited to refer to the Specimen Authorisation for the operation of an Autogas Retail Station to have a clear idea of the authorisations issued by the REWS.
Application for an Authorisation to Operate, Renew or Transfer:
Operate an Autogas Retail Station Form (English Version) REWS/108/v9-03-06/23
Operate an Autogas Retail Station e-Form (English Version)
Liquified Petroleum Gas Market Regulations – S.L. 545.20
Note: Applicants are advised to engage a competent person in LPG technology to assist them in completing the application form.
- Details / number of the Identity card or passport of the applicant;
- In the case of a legal entity, details / number/s of the identity card/s or passport of the legal representative/s;
- Handwritten signature of the applicant or in the case of legal entity, handwritten signature/s of the legal representative/s of such entity.
In addition, in the case of applications for the transfer of an Authorisation the abovementioned details have also to be submitted with respect to the current authorised provider
- Copy of Identity card or passport of the applicant;
- In the case of a legal entity, copies of the identity card/s or passport of the legal representative/s;
- An original copy of a Police conduct certificate dated not older than three (3) months from date of the application. In case of companies, the legal representatives’ police conduct certificates are required to be submitted.
At the Design Stage of the proposed Autogas Retail Station:
- Two (2) copies of a Technical Proposal compiled by the Competent Person indicating the proposed design details of the new Autogas Retail Station (ARS) which should include the technical supporting document, the report describing the proposed ARS and associated operations, a site-plan in scale 1:2500 and drawings in minimum size A3.
After a preliminary clearance issued by the Regulator and upon completion of the new Autogas Retail Station:
- An approved Planning Authority Permit for the Autogas Retail Station
- A Commissioning Report (REWS 155/v6-05-6/23) compiled by a Competent Person in LPG Technology;
- A copy of the Insurance Schedule and its respective Insurance Policy details indicating the liability coverage to third parties against bodily injury and property damage caused by the storage of LPG and the associated operations of the Autogas retail station.
In the case of renewal or transfer of an existing authorised Autogas retail station:
- The most recent Inspection report duly filled in and signed by a competent person which should not be dated more than 1 year old from date of submission of the application;
- The Insurance Schedule and its respective insurance policy details of the existing Autogas retail station;
- Any other documentation as required by the Regulator or the authorisation conditions.
The applicable fees are as follows:
- A non-refundable application fee of €500 (Five hundred Euros);
- An annual authorisation fee to operate an Autogas retail station of €500 and €50 per nozzle.
- Note In the case that the Autogas retail station forms part of a petroleum filling station then the annual authorisation fee of €500 is paid only once for the entire station.
Regulation 28 of the Liquified Petroleum Gas Market Regulations establishes that any person who carries out an offence against these regulations shall, on conviction, be liable to imprisonment for not more than eighteen months, or to a fine (multa) of not more than seventy thousand euro (€70,000) or to one thousand five hundred euro (€1,500) for each day during which the offence persists, or to both such fine and imprisonment.
In addition, the Regulator for Energy and Water Services Act provides that any:
- any person who carries out any such activity without a licence or who acts in breach of any condition of such licence, shall be guilty of an offence and shall be liable on conviction to a fine (multa) not exceeding one hundred and fifteen thousand euro (€115,000) or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment;
- the Regulator may impose an administrative penalty upon any person who infringes any provision of the Act, or regulations prescribed thereunder or of any other law which the Regulator is entitled to enforce, or who fails to comply with any directive or decision given by the Regulator or who fails to comply with any condition of any authorisation granted under the Act. Such administrative penalty shall not exceed:
- one hundred thousand euro (€100,000) for each contravention and, or six hundred euro (€600) for each day of non-compliance, from the date of the decision given by the Regulator; and, or
- 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 imposed.
In the case of application for new Autogas retail station, Regulation 7 of the Petroleum for the Liquified Petroleum Gas Market Regulations establishes that the Regulator shall communicate to the applicant in writing within a reasonable time, which shall not be of more than three months from the date of receipt of a valid application.
In the case of application of renewal, Regulation 7 establishes that an application for the renewal of an authorisation shall have to be submitted in writing to the Regulator in such form and manner as the Regulator may require, six months prior to the date on which the authorisation expires.
The Liquified Petroleum Gas Market Regulations further establish 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.
Any decision taken by the Regulator, including refusal or withdrawal of an authorisation, may be subject to appeal before the Administrative Review Tribunal established by Article 5 of the Administrative Justice Act and the provision in Article 26 of the Liquified Petroleum Gas Market Regulations – S.L. 545.20.
You may submit the application form 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.
