105 tal-1994

L. N. 105 of 1994

'99.

WATER SERVICES CORPORATION ACT.

(ACT NO. XXIII OF 1991)

Walt r Supply (Amendment) Regulallolu, 1994

IN clICrciK of the POWCI'$ conferred by sections 2,7 and 45 of the

Water Servioes Corporation Act, 1991, the Wate r Sel'\lices

Corporation. with the approval of the Minister for the Environment ,

has made the following rcgutalions:-

I. (1) These regulations may be ci lt:d as the Water Supply

(Amendment) Regu lations, 1994, and shall be read and construed lIS

one with the Water Supply Regul ations. 1948. hereinafter rderred 10

as "the principal rcgulationsH.

(2) Subject 10 the provisions of paragraph (3) hereof, these

regulation s shall be deemed 10 have come inlo force 00 tile 1st

January, 1994.

(3) Bills for consumption shan be issued in accordance wilh

tbe tariff established in th.e principal regulations as amended by these

"'g\llalions with effect from the 5econd pe riod of fou r months in 1994

and the ~a fter.

1994 li jemcndaw ir- Regolamenti dwar il -Fomitura IB ' I-lima , u r;.... ~ ~ .

ghandbom jinqn\w u jift ieh mu haW! "'aMa ma r-Rcgolamcn ti ta'J-HMS O.t1 . ])l .. '

dwar il-Fomi lunl ta' 1-lIma , haWYIhekk itjed 'i) quddicm imsejha "iT- ~I ~ ,

regolamen l; pri ntipali ~.

(2) Bla hsara ghad·dispotizzjonijiel tal-paragrafu (3) la' dan

ir-regolament. dawn ir- regol amcnli ghandhom jilqiesu li bdew isehhu

n-, la' ) annar, 1994,

( 3) II-konlljiel ghall -konsum ghBndhom jnflariu skorK! il-

lariffa 51abbililB flr-regOlamenli printipa li kif cmendal; b'dawn ir-

regolamemi h'selih miHieni perijodu la' erba' xhur n-l994 u wara dik

id-dal a,

2, Minflok il-li!si rB la' "bniedem li jghammar fiI,bini ~ tir-

regolamenl 2 lar ' rego/amenli prinCipali, gliandha lidllol din il-li fsira I;

gejja: -

""persun a li Ighix fiI-bini" ghandha l-lifsiJ'il lilh a moglitija tiro

regolamen! 14 la' dawn ir-regolamemi:".

1. Minnufih wara r-rcgolament Il tar-regolament i printipali

ghandu jiidied dan ir-n:gol ament 1i gcj : -

• ........, .. ;

Fo r the definition of Mpenon rc§iding in the tenement~ in

~gl,ll~tion 2 of the princi pal ~gulation$ there shall be substituted the

following: -

MMpcrson rn id ing in the tenemen t'· ha! the meaning aMigned

10 it in regu lation 14 of t hese regulations;M.

J. Immediately after regu lation 13 of the principal regulations

there shall be added the following rcgulation:_

For the purposes of these rcguJation ~ a

(I)

"' ...... accordanoe

person residi ng in the tenement is a person who in

with such rC<X.lrds as may be in the possession of

tile Waler Services Corporation. lives in the premi5es as his

principal permanent re§idence.

(2) Where the Corporatio n i$Sues a bill indicating

a subsidy in respect of a number of persons as residing in the

premises ~nd t ile consumer allegeli that the number of

persons for whom a subsidy is give n is less th an the number

of persons actually $0 ~sidi ng. such conSUntCr may pro ve

such allegation to the Corporat ion hy the productio n of one

or more ide ntity ca rds issued under the Identity Card Act.

and . in the ca5e of persons under th e age prescribed in

subsection ( I ) of section 3 of the sai d Ad . by the production

of a certi ficate by the Director (Sueial Security) thal

child ren's allowances in respect of persons residing at such

premises are being paid by the said Director, or in both

~s by the product ion of suc h proof that the Cor""ralion

may deem sufficient ; and in the absence of such proof a

person Shall not be oec mcd 10 be residi ng at $Uch premises

and a subsidy shall f\()( be due in his respect.-.

4. For tile figures w3Oc w Lm I ~ and wLmr in regulation 28 of

M

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the principal regulations, there shaU be substi tuted the figures ~ Lmr ,

~ LmS~ and ~ Lm IO~ respectively .

5. Immediately after regulation 33 of the principal regulations,

there shall be added the following new regulation;_

3JA, Sills shall be rOll nded up or down to the nearest

cent . ~ .

6. For the Fint Schedule to the principal regu lations. the re shall

be substituted the following new schedu]e:-

wFIRST SCHEDU LE

( Regu lation ]2)

Oomtstk Supplies - Tariff r OT meter charae

....... alu roflSUmption

l. In every period of four months the charges in respect of

every lenemen! shall be as fol]ows:-

Me ter t harge for e,·ery meter installed

in the tenement .......................

LrnI.20

Water Consumption ..

2. A consumer shall be en titled to a subs idy on the cha rges

for water consumpt ion which are due by him in accorda nce with

paragraph I of this Schedule as foUows;-

67c5 per 1 ml for any qu ant ity consumed not e~ceeding

5.5 m J per person residing in the tenement ;

S6c2 pe r I m' for any quantity consumed e~ceeding

5.5 ml per penon re5iding in the tenement but

nol uceeding I 1 m J per penon residing in the

tenemen t;

Provided that -

<a) if a consumer. on application made 10 the

Water Services Corporation (he reinafter referred to u

Mlhe CorporationM), proves to the ~tisfaClion of the

Corporation that besides his residence as detenn ined in

accordance with the provisions of these regulations he

has a S«"Ond teneme nt also registered in his na me which

he also uses to reside in (herei nafte r referred to u the

··seoond residence M), th e water oonsumpti on in every

period of four months of both his residence and the

S«"Ond residence shall be added together an d the total

conl;u mption of both such pre mises shall. for the

purposes of this Schedule. be deC'med to be the water

consumption of the consumer's residence and shall be

charged a<'COrdingly;

(b) saving the provi$ions of sub-paragraph (a)

above . if in accordance with the provisions of lhe$e

regulations. there is no peT50n rC$iding in the tenemen!

as his principal permaRenl residence, the consumer

shall be emilled \0 a subsidy calculated on the basis Ihat

onc pt' rson resides in that particular tenemen t; and

(cl a person residing in a tenement may apply to

the Corporation so that the subsid y be calcula ted for a

diffe rent tenemen t other than and in lieu of that in

which the person resides.

3, For the purposes of paragraph 2 of this Schedule, the

following provisions mall ~pply with respect \0 Ihe entitlement 10

a sumidy: -

(a) a coruumcr shall furnish in writing 10 the

Corporation wi th in sl.ICh lime lt$ may be stipulated by the

Corporation any information together wilh any RI!?!rt in,

documents which may be required by the Corporauon for

the purpose of calcula ting and applying the subsidy refened

to in paragraph 2 of this Schedul e;

(b) a consu mer shalt nmify Ihe Corporalion in wriling

of any change in the circumstances on the basis of which a

subsidy is granted in accordance with Ihe tariff not lat er than

one month from ..... hen such change occurs;

(c) any change in Ihe subsidy to which a consumer is

entitled as a result of a change in the number of persons

residing in a lenement shalt have effect from the date of the

first nonnaJ meter reading following the date on which the

diange in the number of persons oocurs Or the date on which

the Corporalion is nOlified in wriling of such a change al the

discretion of Ihe Corporation;

(d) saYing any other penalty 10 .. "hich he may be

subjccl under any OIner law. a consumer who faits to

comply with the provisions of this paragraph or furnishes

inconCCl information , ma y, al the discretion of the

Corporation, lose his entitlement 10 the subsidy, for a

period. not exceeding one yea r. which may be stipulated by

the Corporation , in which case such consumer shalt be

charged for water consum ption as if no person resides in the

tenement.

4. For Ihe purposes of paragraph 2 of th is Schedule. the

foltowing proviSions shall apply wilh respect !O a second

residence and 10 paragraph (c) of the provi5(lIO paragraph 2:-

(a) an y application referred 10 in paragraphs (a)and

(c) of the proviso 10 paragraph 2 of this Schedule, as well as

any application made for lhe renewal of any arrangeme nt

made in lerms of the SlIid proviso, $hall be made in such

form as may be issued by the Corporation from lime to time

(b) any arrangement made in le nns of paragraph <I)

of the proviso 10 paragraph 2 of this Schedule shall

commence immediately after the first nonnal meter reading

of the second reside nce following the acceptance by the

Corporation of the oonsumer's appl ication;

(c) any arrangement or Irrangements made in terms

of paragrnph$ (a) and (c) of tbe proviso to paragraph 2 of

this Scllcdule shall be valid until the 31st De<:embcr of the

yea r in which they were made ()I'" rc~d;

(d) where Ihe meters of the residence and the second

residence are not read on the same date , the water

OOI\Su mption at the seoond residence in one period of fou r

montlls shall be added to the water oonsumpt ion at the

reside nce fo.- the period o f four mon lhs ending immediately

I fl er the last meter readi ng at the seoond residence;

(e) th e consume r shall be charged separate meter

charges for the residence and second residence .

5. Where a consumer is in receipt of social "'Isistance or of

I n Ige pension or of a pension under Parts Ill , IV or V of th e

Socill Security Act, the consu mer, in any period of fou r mont hs,

shllt be en titled to a rebate (i n addition to the subsidy referred to

in paragraph 2 of Ihis Schedule) as follows:-

Lm\. 20 in respect of the meter charge for one meter

installed in the te nement;

70 per I m' for any quantity oonsumed nOI exceeding

5.!5 m] per per5(m residi ng in the tenement

Provided tha t:-

(I) a consumer who is in receipt of soci al

assislance shlll not qualify for such rcblte if the

tenement 10 which the oonsumption relate! is also

occupied in any part whatsoever by Iny person who

doe. not form part of the household within the muning

of the Social Sccurity A ct; and

(b) a oonsum er who is in receipt of an age pension

under the Social S«urity Act shall n01 qualify for such

rebate if the tcncmentto which the consumption relates

is also occupied in any pa rt whatsoever by any person

other than a peno<l who is eilher:-

(i)

I person in recei pt of any such pension,

(ii ) a person fonning part of a household the

head of which is in rea:iPI of social assistance; and

(c) a consumer who is in receipt of a pension

under Pam m , IVOt v of the Social Security Act shall

no{ qualify for sl.ICh rebate if Ihis person 's yearl y mean s

(e;o;cluding 1hoe Soeial Securi ty pension) e~cceds the

yearly means wllich would have cnlil,led this person,

independently of Ihis per$On's age, 10 an age pension

under lhe Social Securil)' Act , or if the tenement 10

which the oonsumption relates is also oocupied in any

pan whatsoever by any person other than a person who

IS either:-

(i) a person " 'ho is in rea:ipt of any pension

under the Social Security Act and whO$e yearly

means, (u cluding the Social Security pe nsion) do

not eJlceed the yearly means which would have

entitled Ihis pcf50n, independently of thi s person's

age, 1(l an 1St' pe nsion under the Social Security

A~1. , l)r

(ii) a penoo forming pan of a hou!loehold the

head of which is in receipt of social assistance

Provided furt her that no such rebate shall be

granted unless the Di rector (Social Seeuri ty) ce rtirll'$

the consume r to be entitl ed to the said rebatc under tile

provisions of this paragraph

Provided furthcr that the Minister responsible for

social !Ioecurity may allow tbe said rebate in respect of

such cbarilable institutions as the said Minister may

declare 10 be financially meritorious.

6. If. on receipt of an application in writing referable to a

specifIe d tenement. the Corporation is $a tisrtc:d that. owinS to an

undetected leakage or for any othe r reaSOD which in the opi nion

of the Corporation is good and suffIcie nt , the sum claimed In

acrordan-ce wit h the rates established in tbis Schedule may be a

~urcc of hardship, the Corpora tion may allow in writing afld

with an e ~prC"SSion therein of the reasons therdor. such reduction

as may be llttCS$ary 10 remove that hardship.

7. The Corporation shall charge for temporarily unmete red

supplies of water for domestic purposes to a tenement at the rate

of 30c per tap and/or other ou tlet pe r mOllth in respect of each

w

such tenement.

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7. The Second Schedule to the principal regula tions shall be

s-...:t Se""oJ'" amended as foUows:-

(a) in paragraph (0), the words ·'a ga rage" shall be deleted;

(b) in

paragraph (el , imlmdiately afte r the word

there shall be added the words ~or car .... aming

~laundrelle~

garage or any ot her premi5Cs offering a similar or other .... aming

servicc and

H

;

(cl ;n paragraph (h), immediately after the .... ord "field",

there mall be added the .... ords Ma garage, premiscs used solely as

a .... arehouse~.

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