Water Supply and Sewerage Services Regulations, 2004

L.N. 525 of 2004

MALTA RESOURCES AUTHORITY ACT

(ACT NO. XXV OF 2000)

Water Supply and Sewerage Services Regulations, 2004

IN exercise of the powers conferred by article 28 of the Malta

Resources Authority Act, the Minister for Resources and Infrastructure,

after consultation with the Malta Resources Authority, has made the

following regulations>

(1) The title of these regulations is the Water Supply and

Sewerage Services Regulations, 2004.

(2) These regulations shall come into force on such date as

the Minister responsible for Resources may determine by notice in the

Gazette, and different dates may be so established for different

regulations or provisions thereof.

In these Regulations, unless the context otherwise requires>

“the Act” means the Malta Resources Authority Act<

“the Authority”’ means the Malta Resources Authority as

defined in the Act<

“customer” means any natural or legal person purchasing

water for resale, or receiving sewerage services, or any final

customer<

“domestic sewage” means sewage and, or wastewater from

residential settlements and services which originates predominantly

from the human metabolism and from household activities<

“final customer” means any natural or legal person purchasing

water or receiving sewerage services, for his own use<

“industrial sewage” means any sewage and, or wastewater

which is discharged from premises used for the carrying out of

any trade, practice, activity or industry, other than domestic sewage

and run-off rain water<

“internal sewage collection system of any premises” means

the pipework, fittings and appliances which are installed within

any premises and up to the sewage collection system but only if

they are not the responsibility of the sewerage services operator in

its capacity as a sewerage services operator<

“internal water distribution system of any premises” means

the pipework, fittings and appliances which are installed within

any premises and up to the distribution network but only if they

are not the responsibility of the water supplier in its capacity as a

water supplier<

“licensee” means the holder of the licence issued by the

Authority under these Regulations<

“the Minister” means the Minister responsible for Resources<

“non-potable water supplier” means a water supplier whose

scope of operations is limited to water that is not potable water<

“potable water” means all water>

(a) either in its original state or after treatment is

intended for drinking, cooking, food preparation or other

domestic purposes, regardless of its origin and whether it is

supplied from a distribution network, pipeline or a tanker<

(b) used in food-production undertaking for the

manufacture, processing, preservation or marketing of

products or substances intended for human consumption<

“private sewage collection system” means a sewage collection

system which is not a public sewage collection system<

“private water distribution network” means a water

distribution network which is not a public water distribution

network<

“production of water” means the process of abstraction of

water and, or its treatment at a water treatment plant<

“public sewage collection system” means a sewage collection

system which is vested in or belongs to the Government or any

Government owned company or parastatal corporation by whatever

title and is operated by the Government, a Government owned

company or a parastatal corporation<

“public water distribution network” means a water distribution

network which is vested in or belongs to the Government or any

Government owned company or parastatal corporation by whatever

title and is operated by the Government, a Government owned

company or a parastatal corporation<

“sewage” means domestic sewage and, or wastewater or the

mixture of domestic sewage and, or wastewater with industrial

sewage and, or wastewater and, or run-off rain water<

“sewage collection system” means a system of sewers,

conduits, pipes, manholes, pumps and any other facility used for

the collection, transfer, treatment and disposal of sewage from any

premises or establishment, but excludes the internal sewage

collection system of any premises<

“sewage treatment plant” means any structure, facility, device,

process or combination thereof used for the purpose of treating or

stabilizing sewage and, or wastewater or industrial sewage and, or

wastewater and disposing and, or reuse of the effluent<

“sewerage services operator” means any person licensed or

authorised by these Regulations to provide sewerage services to

any customer<

“sewerage services” means the execution of any or a

combination of the following activities of collection of sewage

from any customer, treatment of sewage, the transfer and, or

disposal of sewage and the transfer and, or disposal and, or retail

of effluent<

“supply of water” means the process and, or combination of

the activities of treatment, transfer, distribution and retail of water

other than bottled water, but excludes water abstraction<

“water distribution network” means a system or network of

conduits, pipes, pumps, wells, storage tanks, reservoirs, or other

facilities used for the collection, storage, transfer and distribution

of water but excludes the internal water distribution system of any

premises<

“water treatment plant” means a facility or that portion of the

water supply system that alters either the physical, chemical, or

bacteriological quality of the water and that is used to render the

water potable<

“water supplier” means any person licensed or authorised by

these Regulations to supply water other than bottled water.

(1) There shall be the following categories with regards to Application of

these regulations.

water suppliers and sewerage services operators>

(a)

water suppliers who>

(i) supply water through the public water distribution

network<

(ii) supply water to a customer through a single pipeline

or a private water distribution network<

(iii) supply water to a customer by water tankers<

(iv) supply water to a customer by any other means.

(b) sewerage services operators who>

(i) provide sewerage services using the public sewage

collection system<

(ii) provide sewerage services to a customer through a

single pipeline or a private sewage collection system<

(iii)

provide sewerage services to a customer by

tankers<

(iv) provide sewerage services to a customer by any

other means.

(2) These Regulations do not apply to the>

(a)

supply of water for own use<

(b) provision of sewerage services for own use.

(3) These Regulations shall apply to any person providing

or offering any services or operating any system mentioned in these

Regulations for a fee, charge or other form of remuneration for these

(1) With respect to water suppliers, the Authority may Functions of the

water suppliers

identify any one or more of the following functions as necessary and sewerage

services operators.

requirements for the supplier to support him in executing the regulated

activities>

(a) conservation, augmentation and operation of water

resources and sources of water supply<

(b) development, maintenance and promotion of safe and

efficient production and distribution systems in order to satisfy, as

economically as possible, all reasonable demands for potable water<

(c) management and operation of undertakings, installations

and property for the sole purposes of potable water production,

supply and#or distribution<

(d) promotion of reasonable use of potable water and

encouragement of conservation and appropriate re-use of water

resources>

Provided that such support functions shall be carried out only

with the prior approval of the Authority and in accordance with

the directions specified by the Authority.

(2) With respect to sewerage services operators, the

Authority may identify any of the following functions as a necessary

requirement for the operator to support him in executing the regulated

activities>

(a) improvement, extension, cleansing and maintenance of

sewage collection systems<

(b) operation of sewage collection systems and such further

provisions as are necessary from time to time for effectively dealing

with the contents of these systems by means of sewage treatment

and disposal works or otherwise<

(c) management and operation of undertakings, installations

and property for the sole purposes of sewage collection, treatment,

storage, disposal and reuse<

(d) promotion of reasonable appropriate reuse of water

resources and any other by-products including sludge<

(e) administering and issuing consents to connect to the

sewage collection system>

Provided that such support functions shall be carried out only

with the prior approval of the Authority and in accordance with

the directions specified by the Authority.

(3) Nothing contained in this regulation or in a licence issued

under these Regulations shall be interpreted as exempting a water

supplier or a sewerage services operator from requiring any other licence

as required in any other Regulations or legislation.

Any water supplier or sewerage services operator who is Application for a

providing or offering any service or operating any system mentioned in licence

providers.

these Regulations, and requiring a licence under these Regulations, shall

apply in writing to the Authority within three months of the coming

into force of these Regulations.

(1) No person shall provide any of the services referred to Licensing of

in Regulation 3 of these Regulations without being authorised to do so regulated

and application for

under a general authorisation or by an individual licence issued in terms granting of

licences.

of the Act.

(2) Any person who wishes to provide any service requiring

a licence under these Regulations shall submit an application in writing

to the Authority in such form and manner as the Authority may prescribe.

(3) The Authority shall establish its procedure for

determining an application for a water supply or sewerage service

licence.

(4) Licences shall be issued by the Authority in respect of

the provision of the services referred to in these Regulations and shall

include the terms and conditions for the provision of such services.

(5) A licence issued by the Authority shall be in writing

and, unless revoked, cancelled or suspended in accordance with any

condition therein contained, it shall continue to be in force for such

period as may be specified in or determined by or under the licence.

(6) Nothing in these Regulations shall prohibit the Authority

from issuing a single licence incorporating more than one of the licences.

(7) The validity period of the licence shall be determined

by the Authority.

(8) The Minister may, if he deems it to be so necessary,

direct the Authority to limit the number of licences that may be issued

for any specified service to reach objectives of national interest such as

consumer protection, fair competition and the securing of public service

obligations.

(1) A non-refundable application fee of Lm 25 shall be paid

Application for the

to the Authority with the licence application>

Provided that the non-refundable application fee shall be Lm 100

for the following services>

(a) water suppliers intending to supply a volume of water

greater than 10m 3 #day and supplying water through a distribution

network<

(b) sewerage services operators who intend to collect a

volume of sewage greater than 10m 3 #day and either collect sewage

through a collection system or operate a sewage treatment plant.

(1) The Authority has the power, through the licence, to

establish such conditions as the Authority considers requisite or

expedient having regard to the functions established by the Act.

(2) Water suppliers or sewerage services operators falling

under any one category specified in sub-Regulation 3 (1) shall be subject

to similar conditions, while different conditions may be established for

different categories specified in sub-Regulation 3 (1).

(3) The Authority may, however, distinguish in its licence

conditions between>

(a)

water suppliers and non-potable water suppliers<

(b) water suppliers based on the volume of water supplied<

(c) sewerage services operators based on the volume of

sewage collected and, or treated and, or disposed of.

(4) The Authority may include conditions in the licence,

consistent with any direction of a policy nature that the Minister may

give, and regarding, but not necessarily be limited to>

(a) the grant and term of the licence including the

identification of support functions to be provided by the water

supplier or sewerage services operator, in accordance with

Regulation 4<

(b)

suspension, variation and transfer conditions of the

licence<

(c) licence fees to be paid by the water supplier or sewerage

services operator, to the Authority<

(d) compliance requirements to conditions, directions,

management letters, standards, guidelines, codes or rules given by

the Authority and other laws<

(e) charges and tariffs for the provision of the regulated

services<

(f) the water suppliers’ or sewerage services operators’

service obligations including but not limited to obligations to

customers, development of emergency response plans, asset

management plans and security plans<

(g) the monitoring, recording, submission, reporting and

auditing of information to the Authority<

(h) the inspection, making copies and taking extracts from

books and records held by a water supplier or sewerage services

operator and the carrying out of measurements and tests in relation

to any premises, assets or plant<

(i) the assessment and auditing of operations and compliance

with licence conditions<

(j) the regulation of subsidiary companies and, or companies

and, or co-operatives providing part of the regulated services.

(5) Any person granted a licence under these Regulations

(a) comply with any direction given by the Authority as to

such matters as are specified in the licence or are of a description

so specified<

(b) provide the services in accordance with such licence

conditions<

(c) do or not do such things as are specified in the licence

or are of a description so specified<

(d) comply with the decisions or directions issued by the

Authority for the purposes of complying with any of Malta’s

international obligations.

(1) The Authority may, at any time in the course of the period

for which the licence is valid, order its suspension, revocation or

cancellation where the Authority is satisfied that>

(a) the licensee has failed or is failing to abide by any

conditions of the licence, or by these Regulations, or

(b) the licensee does not possess all other relevant permits

or licences that are issued by any other authority or regulatory

body, or

(c) the licensee is contravening any statutory or other

requirement imposed by any law, or

(d) the licensee fails to comply with any direction given by

the Authority as to such matters as are specified in the licence or

are of a description so specified, or

(e) any information submitted in the application for a licence

or the application for renewal of a licence and on which the licence

has been issued or renewed, as the case may be, is determined to

be false, or

(f) the licensee fails to pay the licence fee as established in

Regulation 13>

Provided that in exercising the powers for suspension,

revocation or cancellation of licences the Authority may take

account of the nature of the failure, or the fact that the licensee is

taking the appropriate steps, as it appears to the Authority, to

comply with the conditions of the licence or any other fact that the

Authority may deem relevant.

(2) No person may provide any of the services referred to

in Regulation 3 of these Regulations where the Authority has suspended

the licence and until such time that the suspension of the licence is

lifted by the Authority.

(3) No person may provide any of the services referred to

in Regulation 3 of these Regulations where the Authority has revoked

or cancelled the licence and until such time that a new licence is issued

by the Authority.

(4) Any person whose licence has been cancelled or revoked

may re-apply for a licence and such a new application shall be subject

to all the provisions established by these Regulations.

(1) Subject to the following provisions of this Regulation, Modifications to

licences.

the Authority may modify, amend, replace, add or delete any licence

condition as it considers requisite or expedient having regard to the

functions established by the Act.

(2) Before making modifications, the Authority shall give

notice to the licensees>

(a) stating that it proposes to make modifications to the

licence and setting out their effect<

(b) stating the reasons why the modifications are being

proposed<

(c) specifying the period (not being less than three months

from the date of publication of the notice) within which

representations or objections with respect to the proposed

modifications may be made,

and the Authority shall be bound to consider any representations and

objections which are duly made and not withdrawn.

(3)

The notice referred to in sub-Regulation (2) hereof shall

(a) brought to the attention of the Minister and the water

supplier or sewerage services operator<

(b) brought to public attention by the publication of a notice

in the Government Gazette.

Enforcement

(1) Where the Authority is satisfied that>

orders.

(a) a water supplier or sewerage services operator is

contravening any condition of the licence, or,

(b) a water supplier or sewerage services operator is

contravening any requirement imposed by law, or,

(c) there is persistent failure by a water supplier or sewerage

services operator to meet the targets set by the Authority, or,

(d) any person is carrying out any activities or providing

any of the services referred to in these Regulations without being

authorised or licensed to do so by the Authority,

the Authority may take such measures in respect of such water supplier,

or sewerage services operator, or person, in accordance with the manner

the Authority may deem most fit.

(2) The Authority may issue enforcement orders making

such provisions as are requisite for the purpose of securing compliance

with conditions or requirements referred to in sub-regulation (1) hereof.

(3) An enforcement order mentioned in sub-Regulation 2>

(a) shall require the water supplier, or sewerage services

operator, or the person to which the order relates (according to the

circumstances of the case) to do, or not to do, such things as are

specified in the order or are of a description so specified<

(b) shall take effect at such time, being the earliest

practicable time, as is determined by or under the order<

(c) shall be published in such manner as the Authority

considers appropriate for the purpose of bringing the matters to

which it refers to the attention of persons likely to be affected by

the order<

(d) may be revoked at any time by the Authority>

Provided that in exercising the powers for the issue of an

enforcement order, the Authority may take account the nature of

the failure, or the fact that the licensee is taking the appropriate

steps, as it appears to the Authority, to comply with the licence

conditions or any other fact that the Authority may deem relevant.

(1) The Minister may direct the Authority, in the general

interest, to impose as a licence condition on any water supplier or any

sewerage services operator granted a licence to provide any services

under these Regulations, a public service obligation to supply any

service, in any specified form, to any final customer or specific groups

of final customers, at specified prices.

(2) Any additional costs incurred as a result of these

obligations may be identified by the water supplier, or by the sewerage

services operator, and shall be verified by the Authority.

(3) Additional costs referred to in sub-Regulation (2) may

be recovered as specified by the Authority, including through an

additional charge imposed on other water suppliers or other sewerage

services operators, as the case may be.

(1) The water supplier or sewerage services operator shall Licence fees.

pay licence fees to the Authority, including fees to be paid on the grant

of the licence and licence renewal fees on an annual basis.

(2) The amount of the licence fee shall be in accordance

with mechanisms established by the Authority and approved by the

Minister.

(3) The Authority shall publish the mechanisms for

determining licence fees in the Gazette prior to their introduction.

Notwithstanding the above and for the first year from the coming

into force of these Regulations, the Authority may establish such licence

fees and such licences fees shall be subject to the approval of the

Minister.

(1) In the case of water supplied through a public water Tariffs.

distribution network or in the case of provision of sewerage services

using the public sewage collection system, any water supplier or

sewerage services operator shall provide the services in accordance with

tariffs and subsidies as approved by the Authority, or if not so established

or approved, the water supplier or sewerage services operator shall

provide the services in accordance with the tariffs and subsidies in force

prior to the Act and saved under article 36 of the Act.

Provided that the water supplier or sewerage services operator shall

keep accounts for services where, in the opinion of the Authority, no

effective market competition exists separately from accounts for other

activities, in any form or consolidation as directed by the Authority,

with the objective of avoiding cross-subsidisation or distortion of

competition>

Provided further that the water supplier or sewerage services

operator shall identify all activities carried out by him and his subsidiaries

and propose a classification of activities for approval by the Authority

within three months of these Regulations coming into force.

(2) The Authority may impose tariff structures or

mechanisms if necessary to reach objectives of national interest such as

consumer protection, fair competition and securing public service

obligations taking into account any directions that the Minister may

give.

Save the provisions of article 26 of the Act, any water supplier

or sewerage services operator or any person providing any services or

operating any systems mentioned in these Regulations, who contravenes

or fails to comply with any of these Regulations shall be guilty of an

offence against the provisions of these Regulations, and shall, on

conviction, be liable to a fine (multa) not exceeding ten thousand liri or

to imprisonment for a term not exceeding six months, or to both such

fine and imprisonment.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press