Notification or Authorisation to Operate a Secondary Storage Facility of LPG

Notification or Authorisation to Operate a Secondary Storage Facility of LPG

The Regulator for Energy and Water Services accepts notifications from persons and issues authorisations to persons to operate secondary storage facilities of LPG in accordance with the Liquified Petroleum Gas Market Regulations – S.L. 545.20.

A “secondary storage facility of LPG” is defined as a storage facility, not being a primary storage facility, i.e. a storage facility with a minimum storage capacity of either more than 150 kg of LPG or six (6) or more interconnected portable LPG cylinders, whichever is the lower.

Any person (including any legal person) that intends to:

• operate a secondary storage facility of LPG;
• renew an existing authorisation to operate a secondary storage facility of LPG;
• transfer an existing authorisation to operate a secondary storage facility of LPG to a third party;

is required to apply in writing to the Regulator for Energy and Water Services and be in possession of an acknowledgment of a valid notification or an authorisation issued by the Regulator under these regulations prior to operating such a storage facility or system, and carrying out the service activity and the exercise thereof.

Applications for Authorisations

An authorisation is required for a “secondary storage facility of LPG”.

Applications for Notifications

A notification may be submitted instead of an application for an authorisation for a “secondary storage facility of LPG” only where facility such consists of six (6), but of not more than eight (8) interconnected portable LPG cylinders.

In such cases the Regulator may require the applicant to submit certification of the storage facility by a competent person and written confirmation of the secondary storage facility of LPG having been installed by a competent LPG installer.

Prospective applicants are invited to refer to the following documents for further assistance in completing the application form:

Guidelines for authorisation to operate a secondary storage facility of LPG,

Specimen authorisation for the operation of a secondary storage of LPG;

Application for a Notification or an Authorisation to Operate, Renew or Transfer a secondary storage of LPG:

Secondary storage facility of LPG Form (English Version) REWS/053/v17-04-01/23
Secondary storage facility of LPG eForm (English Version)

Liquified Petroleum Gas Market Regulations – S.L. 545.20

Notes: Applicants are advised to engage a competent person in LPG technology to assist them in submission of the application form(s) and to refer to Guidelines for authorisation to operate a secondary storage facility of LPG.

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.

The applicable fees are as follows:

• A non-refundable application fee of €50 (fifty Euros);
• An annual authorisation fee for of €50.

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 LPG secondary storage facility, Regulation 7 of 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 (3) 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 six (6) 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.