S.L. 545.20 Art. 2Definitions.

(1) Unless stated otherwise in these regulations, the definitions in the Regulator for Energy and Water Services Act shall apply.

(2) In these regulations, unless the context otherwise requires:

"applicant" means an applicant for an authorisation issued by the

Regulator under these regulations; "autogas" means liquified petroleum gas used for the propulsion of motor vehicles; "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; "authorised person" means a final customer authorised by the Regulator to operate a secondary storage facility of LPG in terms of these regulations; "authorised provider" means a provider authorised by the Regulator to import and, or wholesale LPG, or to operate a primary storage facility or to bottle LPG in terms of the Petroleum for the

Inland (Wholesale) Fuel Market Regulations or to wholesale, retail, transport and, or distribute LPG in bulk by means of a bulk LPG distributor vehicle or to distribute LPG by means of a fixed piped network or to retail LPG, including retail of portable cylinders filled with LPG , in terms of these regulations, or a service provider who is authorised to operate under any law in force in a Member State of the European Union or a state which is a participant to the European Economic Area:

Provided that whenever the Regulator is required to exercise its functions under these regulations in relation to offshore storage facilities, the Regulator shall act in collaboration with the authority responsible for maritime matters;

"authorisation" means any authorisation granted under these regulations, and in relation to services and service providers means a permit, licence, warrant, appointment, concession or any formal decision concerning access to a service activity or the exercise thereof:

Provided that it shall mean an authorisation granted under the Petroleum for the Inland (Wholesale) Fuel Market Regulations when it is issued in regard to LPG; "authorised facility" means a facility in respect of which an authorisation has been issued and includes all buildings, tanks, pipework, pumps, dispensers, electrical equipment, appliances, drainage, ancillary equipment, forecourt area and any other asset within that part of the facility relevant to LPG; "bulk LPG distributor" means a person who in terms of an authorisation issued by the Regulator is authorised to transport and, or distribute LPG in bulk and, or retail LPG in bulk to authorised facilities and, or to wholesale, transport and, or distribute LPG in bulk to an autogas retail station; "bulk LPG distributor vehicle" means a vehicle (including its contents) as defined in the Motor Vehicles (Carriage of Dangerous Goods by Road) Regulations, designated for the purpose of transporting and, or distributing LPG to authorised facilities, secondary storage facilities of LPG and autogas retail stations; "competent LPG installer" means a person who is approved by the Regulator and who is suitably trained, has sufficient knowledge, experience and capability as approved by the Regulator to:

(a) construct equipment and, or sites intended to be designated by the Regulator as authorised facilities; and

(b) carry out material alterations to authorised facilities; and

(c) carry out other work of a technical nature that is complimentary or ancillary to the above; "competent person" means a person who is approved by the Regulator and who:

(a) practices the profession of an inġineer under the Inġiniera Act; and

(b) who is suitably trained, has sufficient knowledge, experience and capability as approved by the Regulator to:

(i) carry out assessment inspections of authorised facilities;

(ii) supervise material alterations to authorised facilities;

(iii) certify in writing that authorised facilities are being maintained and operated as prescribed in any authorisation conditions and, or guidelines and, or Codes of Practice duly approved by the Regulator;

(iv) certify in writing the design, construction, testing and commissioning of equipment and, or sites intended to be designated by the Regulator as authorised facilities;

(v) carry out other work of a technical nature that is complimentary or ancillary to the above;

"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 LPG for his own use and not resale or transfer purposes; "fixed piped network" means an authorised facility used for the storage and, or distribution and retail of LPG by means of a storage facility linked with a piped network;

"fixed point of sale" means a specific area designated by the Regulator, and duly approved by any other competent authority and in consultation with any relevant authority, from where a person duly authorised by the Regulator may retail portable cylinders filled with LPG;

"inspector" means any employee or officer 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 any authorisation condition;

"LPG" means liquefied petroleum gas, composed of either propane or butane, according to BS 4250: 1997 or the equivalent or a mixture of both gases according to MSA EN 589; "material alteration" means any alteration which, within the limits of the applicability of the authorisation, may in the opinion of the Regulator reasonably affect the operation of an authorised facility and includes the addition, change, removal, repair, replacement or cessation of use of any equipment, whether electrical or mechanical; "Member State" means a member state of the European Union;

"the Minister" means the Minister responsible for resources; "overriding reasons relating to public interest" means reasons recognised as such in case law of the European Courts of Justice and which reasons present a justification for the issue of an authorisation and, or the issue of a condition thereto and, or to any other policy decision taken in terms of such authorisation, when such authorisation, and, or condition and, or policy decision thereto could not have been issued or taken under normal circumstances but for such overriding reasons relating to public interest which include 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 Article 46 and Article 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 prevention of unfair competition; and

(h) the protection of the environment; "owner" means any natural or legal person established within the European Union, who lawfully holds certificates of conformity assessment of an LPG cylinder and who originally placed the said cylinder on the market;

"person" includes an individual, an undertaking, a body or other association of persons, whether such body or association is a juridical person or not; "portable cylinders" or "cylinders" means transportable containers suitable for use with LPG and which conform to the Transportable Pressure Equipment Regulations; "recipient" shall have the same meaning as it has under the Services (Internal Market) Act; "Regulator" means the Regulator for Energy and Water Services established by the Regulator for Energy and Water Services Act;

"primary storage facility of LPG" means an authorised facility approved by the Regulator and issued with an authorisation for a primary storage facility in terms of the Petroleum for the Inland (Wholesale) Fuel Market Regulations, and which is used by the authorised provider as aforesaid to store LPG:

Provided that such an authorised facility wherein LPG is stored in bulk shall be onshore and fixed, and for the purposes of this definition "fixed" shall mean a permanently fixed structure underground or aboveground at a defined site; Provided further that the Regulator may, when reasonably necessary, authorize primary storage facilities of LPG which are not onshore and, or fixed;

"retail" means the sale of LPG to final customers; "secondary storage facility of LPG" means a storage facility, not being a primary storage facility, with a minimum storage capacity of either more than 150 kg of LPG or any six or more interconnected portable LPG cylinders, whichever is the lower: Provided that a storage facility shall not be a secondary storage facility of LPG, unless the LPG therein stored is for the authorised person’s own exclusive use; "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.