S.L. 545.15 Art. 2Interpretation.

(1) Unless stated otherwise in these regulations, the definitions in the Act shall apply.

(2) For the purposes of these regulations, and unless the context otherwise requires:

"the Act" means the Regulator for Energy and Water Services Act;

"approved" means the acceptance in writing by the Regulator; "authorisation" means any authorisation granted under these regulations, and in relation to services and service providers it means a permit, licence, warrant, appointment, concession or any decision concerning access to a service activity or the exercise thereof; "authorised biofuels and, or bioliquids operator" means the person who is the holder of an authorisation issued by the Regulator under these regulations, who is granted an authorisation to perform all transactions and activities, whether onerous or gratuitous, related to biofuel and, or bioliquids including importation, storage, production, blending, wholesale or retail and related ancillary activities, or a service provider who is authorised to operate under any law in force in a Member State of the European Union or in a state which is a participant in the European Economic Area, permitting such person to carry out the activity of a biofuels and, or bioliquids operator; "authorised facility" means a facility in respect of which an authorisation has been issued and includes all buildings, tanks, pipework, pumps, dispensers, electrical equipment, drainage, ancillary equipment, forecourt area and any other asset within that part of the premises relevant to the activities covered by the authorisation; "biofuels" means liquid or gaseous fuel for transport produced and composed from biomass; "biofuels and, or bioliquids operator" means a person who performs all transactions and activities, whether onerous or gratuitous, related to biofuel and, or bioliquids including importation, storage, production, blending, wholesale or retail and related ancillary activities; "bioliquids" means liquid fuel produced for energy purposes and composed from biomass other than for transport, including electricity and heating and cooling; "biomass" means the biodegradable fraction of products, waste and residues from agriculture, including vegetal and animal substances, forestry and related industries and also the biodegradable fraction of industrial and municipal waste; "establishment" means the actual pursuit of an economic activity by a service provider for an indefinite period and through stable infrastructure from where the business of providing services is actually carried out;

"final customer" means any natural or legal person purchasing biofuel and, or bioliquids for own use;

"inspector" means any officer or employee of the Regulator or any other person duly appointed and authorised in writing by the Regulator in accordance with the provisions of the Act to inspect and check compliance with these regulations and with any authorisation condition;

"material alterations" means any alteration which, within the limits of the application of the authorisation, may in the opinion of the Regulator reasonably affect the safe operation of the authorised facility and includes any change, removal, repair, replacement or cessation of use of any equipment whether electrical or mechanical, which would affect the safe operation of the authorised facility; "Member State" means a member state of the European Union;

"overriding reasons relating to public interest" means reasons recognised as such in case law of the European Courts of Justice, being reasons which present a justification for the issue of an authorisation and, or the issue of a condition thereto or to any other policy decision taken in terms of such authorisation, when such authorisation, or condition or policy decision thereto could not have been issued or taken under normal circumstances except for such overriding reasons relating to public interest, including any of the following grounds:

(a) public policy, public security, public safety and public health: Provided that these grounds shall be interpreted within the meaning of Articles 46 and 55 of the Treaty;

(b) the maintenance of order in society;

(c) social policy objectives;

(d) the protection of recipients of services;

(e) consumer protection;

(f) the prevention of fraud;

(g) the protection of the environment; and

(h) the prevention of unfair competition;

"person" includes an individual, an undertaking, a body or other association of persons, whether such body or association is corporate or unincorporate; "petroleum" has the meaning assigned to it in the Act:

Provided that "petroleum" may be given a different meaning in any authorisation issued by the Regulator under these regulations; "recipient" means any natural person who is a national of a Member State, who benefits from rights conferred upon him by community acts or any legal person established in a Member State, who for professional or non-professional purposes uses, or wishes to use, a service against non-economic considerations; "the Regulator" means the Regulator for Energy and Water Services; "retail" means the sale of biofuels and, or bioliquids to final consumers; "service" means any self-employed activity performed for economic considerations; "service provider" means any natural person who is a national of a Member State, or any legal person established in a Member State, who offers or provides a service; "the Treaty" means the Treaty establishing the European Community; "undertaking" shall have the same meaning as provided for in the Competition Act.