Energy and Resources Law

Resources law is the body of law that regulates the use and protection of natural resources – regardless of the purpose for which such resource is used. More specifically, energy law concerns the production, distribution, conservation, development and use of energy resources. Energy resources can be many, for example, coal, oil, natural gas, nuclear power, renewable energy (such as solar, wind, hydropower). Due to environmental measures such as reduction of one’s carbon footprint, renewable energy is the resource of the future. Resources law is the body of law that regulates the use and protection of natural resources.

The regulatory authority in Malta with regard to resources is the ERA (Environment and Resources Authority), which apart from its environmental role, has taken over most of the functions of the former MRA (Malta Resources Authority). The functions of the MRA are nowadays mainly limited to those relating to groundwater (eg. licensing of boreholes) and the EU Emissions Trading Scheme . In relation to water and electricity, the regulatory authority in Malta is the REWS (Regulator for Electricity and Water Services).

Malta has recently revised the its energy legislation, mainly the Enemalta Act, which was repealed by Act XXXIV of 2014, making the transformation from Enemalta Corporation to Enemalta plc.

This body of law deals with various aspects of energy such as:

• Natural gas distribution

• Crude oil and petroleum products

• Electricity and electrical accessories

• Kerosene control

• Biofuels

Lexvirtualis™ offers the following services in energy and resources law:

• Compliance and regulatory issues

• Environmental aspects

• Advice on / negotiating / drafting of contracts such as power purchase agreements or cooperation agreements

• Assistance with public procurement

• Transposition of EU directives into national law

• Ratification of multilateral and bilateral treaties

• Production sharing agreements

• Dispute resolution and litigation