G round Water Sources (Registration) Regulations, 1997

L.N. no or 1m

WATER SI<: RVICES CORPORATION ACT, 1991

(ACT NO. XXIII 01<' 1991 )

G round Water Sources (Registration) Regulations, 1997

IN exercise of the powers conferred by sc:<:tion 4S of the Water

Services Corporation Act. 1991. the Waler Services Corporation, with

the approval of the Minister of Public Worn and Construction. has

made the following regulations

I. ( I) These regu lations may be cited as the Ground Water

Sources (Registratio n) Regulations. 1997

(2) These regulations shall come into force on the 27th

August. 1997.

(Regulation 3)

REG ISTRATION OF A G ROUNDWATER SOURCE

I.

PERSO NAL DETAILS

Name

1.0 . Card No. _ _ _ _ _ _ _

Address

Tel. No.: _ _ _ __ _ _

YESINO (-)

Are you the sole user of the water source

If not, fill details in Section 6.

(office use only)

2. WA TER SOURCE: WELU SPRING (-)

Wate r Souree No.

Name of Lands: _ __ _ _ _ _ __ _

Limits of: _ _ _ __ __ _ _ _ _ _ _

m' _ __ _ _ _ _

Total depth of well: _ _ _ ' " _ __ _

Depth to wate r level: _ _ _ ,'" _ _ _ _ m'--; _ _ _ -:-:_::-

(below grou nd level)

3. WATER US E

What is this wate r used for: _ __ __ _ _ _ _ _ _ _ _ _ _

4. APPLICAI\'T'S DECLARATION

(To be filled by applicant)

[ declare that all of the above information is troe and correct.

Date:' _ _ _ _ _ __ _ _

Signed: _ : - : -_ _ _ _

(Applicanr's signature)

5,

ARCHITECT'S DEC LA RAT ION

(To be filled by architect)

The following documents shall be attached to this application form

( 1) Site Plan showi ng exact location of wate r source , certified by an archi tect

(2) Photo of si te showing clearly water SOOUTce. also certified by an arc hitect,

I hereby certiry that the attached documents (site plan and photo) and the

inrormation submitted above are troe and correct.

O3le:' _ _ _ _ _ _ _ _

Signed: --:;-:-:;-:---CC::-:-:-.:-:c=

(Archiltt'I'S signa/urI' and certijication)

Th is applica tion fonn. dul y filled in and signed, is to be returned to a Police Statioll not

later than the 3rd September, 1997.

Payment (see Le gal Notice) is 10 be effected via pre-paid bank draft at any local

Ban k. Applican t is to attach the bank draft with th e applicat ion form .

-(Delete where not applicable)

6. USERS

Name

Addres...

Name

AO:!ress

Name

Name

AdJicss

Name

"""=

Name

iIddn=

(I)

In these regulations. unless the context otherwise

rcqUIIl:S:'

"AcC means the Water Services Corporation Act. 1991.

"Corporation" means the Water Services Corporation as

established by the Act;

"ground water source" or "source" means any shaft, adit.

opening. hole. spring outlet or well anificially dug in the ground

or artificially enlarged. which has access to ground water or is

vertically deeper than half the distance between the well headand

the nearest water table at that point: but it does nO{ include: a water

retaining cistern

"officer" includes any person engaged by .detailed fordlilY

with. or in any manner whatsoever performing dut ies for or on

behalf of the Corporation

"user" me:lOs the person who. solely or jointly with others.

has the effective cOO1rol oruse over the propeny in which a ground

water source is situated .

(2) The meanings set out in the Act shall be applicable in

these regulations. unless the context requires otherwise.

( I) Every user shall, within.seven days of the coming into Rqi_<Jl.

-

force of these regulations, infonn the Corporation of the existence of . . - -

all grou nd water sources, whether previously registered or not, that are

situated in the property over which he has effective: control of usc:.

(2)

The infonnation required in paragraph (1) of this

regulation shall be given on the fonn shown in the Schedule to these

regulations. and shall include al l the particulars and shall meet all the

requirements stipulated therein .

The ronn indicated in paragraph (2) ofthis regulation

(3)

may be collected from the offices of the Corporaton or from any other

place which the Corporation may designate.

(I )

There: shall be pai d to the Corporation, upon the Rcli.tnrionf",

registration of a ground water source, a registration fee of one hundred

maltese 1iri

Provided that. in the case of a ground waler source which has

already been registered with the Corporation. the registration fee

shall be of thirty maltese liri

Provided further that. in the case of a ground water source

which was regislered prior to the year nineteen hundred and fifty

five (1955). no registration fee shall be paid.

(2) A ground water source shall not be deemed 10 be

registered for the purposes of these regulations unless and until the

relative registration fee has been paid.

(3) If a source is registered by more than one person, only

one registration fee shall be paid .

S. Every ground waler source registered in accordance with the

provisions of regulations 3 and 4 of these regulations shall be deemed

to have been developed under a licence from the Corporation.

( 1) Every user who fails to inform the Corporation as

prescribed in regulations 3 and 4 of these regUlations, or who submits

incorrect. incomplete or false infonnation. shall be guilty of an offence

and shall be liable to a fine(multa) ofoot less than fourthousand Maltese

liri (Lm4,OOO) but nO( exceeding eight thousand Maltese liri (Lm8,OOO)

and to the confiscation of the equipment used in the same ground water

sou rce.

(2) Such fine shall be payable with in a period of time as the

Court in passing sentence shall direc t.

(3) Such fine and confiscation shall be without prejudice to

any other punishment for which the user would be liable under any

other law or regulation .

The Corporation may designate any officer or officers thereof

to carry out duties in con nection with, or arising from, these regulations.

8 . . The registration of a ground water source does not in any way

give any ri ght 10 the user to draw water from such source. or to dispose

of any material, whether liquid or solid, in such source, or to keep open

such source, and the Corporntion may at any time order the user to

close such source, notwithstanding thai such source has been regiSlered

and the relative regist ration fee paid. lflhe Corpo ration orders the user

to close a ground water source, the registration fee which would have

been paid in respect of such source shall not be re funded.

The: registration of a ground waler source by a user shall in no

way prej udice any rights Of" claims which third parties may have over

such source.