S.L. 545.20 Art. 10Criteria to be adopted by the Regulator.

(1) The aforementioned criteria shall be published by the

Regulator.

(2) In taking a decision in respect of the grant, issue, amendment or renewal or any other matter pertaining to an authorisation issued under these regulations, the Regulator shall require the applicant to meet the following criteria, when appropriate:

(a) compliance by the applicant with all other relevant permits and authorisations, however so described, issued by any other public authority;

(b) the capability of the applicant to ensure safety conditions, in the context of the authorisation being applied for;

(c) private and professional integrity of the applicant;

(d) protection of the health and safety of employees;

(e) protection of the environment;

(f) record of compliance with these regulations and any other relevant laws by the person with regard to whom the decision shall be made;

(g) suitability of the facility with regard to safety, health, security, hazardous substances, environment, land use and planning requirements;

(h) the need for facilities and services to be provided for consumers at the facility concerned and the extent to which the interests of consumers shall be served;

(i) any other matter relevant to the orderly provision, of LPG in Malta; and

(j) the public interest in general: Provided that when taking account any of the aforementioned, the Regulator shall give a justification for its decision. Any such decision shall be taken in conformity with any applicable laws and regulations and in an objective, transparent and non-discriminatory manner: Provided further 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.