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S.L. 545.20 · Liquefied Petroleum Gas Market (S.L. 545.20)

S.L. 545.20 Art. 7Issue of authorisations.

In KraftAmtlicher Text

(1) Authorisations shall be issued by the Regulator in respect of the execution of the operations, activities and practices referred to in these regulations and shall include the terms and conditions for the execution of such operations, activities and practices.

(2) An authorisation issued by the Regulator shall be in writing and, unless cancelled, suspended or revoked in accordance with any condition contained in it or in accordance with these or other regulations, it shall continue to be in force for such period as may be specified in, or determined by or under the authorisation.

(3) Nothing in these regulations shall prohibit the Regulator from issuing a single authorisation incorporating more than one authorisation.

(4) Authorisations, unless revoked, shall be valid for a period of years equal to:

(a) ten years in the case of an authorisation to operate an autogas retail station;

(b) six years in the case of an authorisation for the carrying out of the activity of a bulk LPG distributor;

(c) six years in the case of an authorisation for the carrying out of the retail activity of portable cylinders filled with LPG, including retail from a fixed point of sale;

(d) twenty years in the case of an authorisation for the operation of a fixed piped network;

(e) ten years in the case of an authorisation for the operation of a secondary storage facility of LPG.

(5) Any person who wishes to -

(a) carry out of the activity of a bulk LPG distributor;

(b) operate a fixed piped network;

(c) operate a secondary storage facility of LPG;

(d) carry out the retail activity of portable cylinders filled with LPG including retail from a fixed point of sale;

(e) operate an autogas retail station, shall submit an application in writing to the Regulator in such form and manner as the Regulator may prescribe. A non-refundable application fee as established in the First Schedule shall be paid to the Regulator with the authorisation application.

(6) The Regulator shall establish its procedure, which shall be made publicly known, for the purposes of determining an application, for the:

(a) carrying out of the activity of a bulk LPG distributor;

(b) operation of a fixed piped network;

(c) operation of a secondary storage facility of LPG;

(d) carrying out of the retail activity of portable cylinders filled with LPG, including retail from a fixed point of sale;

(e) operation of an autogas retail station.

(7) The Regulator shall communicate to the applicant in writing within a reasonable time, which reasonable time shall not be of more than three months from the date of receipt of a valid application, any decision taken concerning an application for an authorisation or an application for the renewal of an authorisation, or of any valid reason impeding the Regulator to reach such a decision.

(8) Upon expiry, an authorisation may be renewed, and an application for renewal of the authorisation, in such form and manner as the Regulator may require, shall be submitted in writing to the Regulator, six months prior to the date on which the authorisation expires. The Regulator may modify, amend, replace, add or delete any authorisation condition in the renewed authorisation and add specific conditions relevant to each individual authorisation as the Regulator considers to be reasonably justified in the circumstances.

(9) An authorisation issued by the Regulator under these regulations shall not exempt the authorised provider from the requirement of obtaining any other authorisation or permit as may be required under any other law.