Notification of Groundwater Sources Regulations, 2008

L.N. 255 of 2008

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Notification of Groundwater Sources Regulations, 2008

IN EXERCISE of the powers conferred by Article 28 of the

Malta Resources Authority Act, the Minister for Resources and Rural

Affairs after consultation with the Malta Resources Authority, has

made the following regulations

(1) The title of these regulations is the Notification of

Groundwater Sources Regulations, 2008.

(2) These regulations shall enter into force on the 7th

October, 2008.

(1)

In these regulations, unless the context otherwise

requires

“the Act” means the Malta Resources Authority Act;

“the Authority” means the Malta Resources Authority;

“groundwater” means all water which is below the surface

of the ground in the saturation zone and in direct contact with

the ground or subsoil;

“groundwater source” or “source” means any shaft, adit,

opening, hole, spring outlet or well artificially dug in the ground

or artificially enlarged, which has access to groundwater or from

which groundwater is abstracted or can be abstracted or is

vertically deeper than half the distance between the well head

and the nearest water table at that point, but it does not include

a water retaining cistern;

“notification fee” means the fee paid in respect of the

notification of a groundwater source in accordance with these

regulations;

“officer” means and includes any person engaged by,

detailed for duty with, or in any manner whatsoever performing

duties for or on behalf of the Authority;

“registration fee” means the fee paid in respect of the

registration of a groundwater source in accordance with the

Registration of Groundwater Sources Regulations, 1997.

“user” means the person who, solely or jointly with others,

has the effective control of use over the property in which a

groundwater source is situated;

(2) The definitions in the Act shall also be applicable to

these regulations, unless the context requires otherwise.

(1) Any groundwater source which has not been registered Notification of a

in accordance with the Registration of Groundwater Sources groundwater

source.

Regulations, 1997, shall be notified to the Authority by all users of

such groundwater source until the 6th November, 2008.

(2) The information required in sub-regulation (1) thereof

shall be given on the form shown in the Schedule, and shall include

all the particulars and shall meet all the requirements therein.

(3) The form indicated in sub-regulation (2) thereof may

be collected from any place which the Authority may designate or

may be downloaded from the Authority’s website.

(4) A groundwater source registered with the Water

Services Corporation under the Registration of Groundwater Sources

Regulations, 1997 after the 3 rd of September 1997 shall be deemed

to have been notified under these regulations.

(1) There shall be paid to the Authority, upon the Notification fee

notification of a groundwater source, a notification fee of two

hundred and thirty euro (€230)

Provided that, in the case of a groundwater source which was

dug or enlarged prior to the year 1955, no notification fee shall be

paid.

(2) A groundwater source shall not be deemed to have been

notified for the purposes of these regulations unless and until the

relative notification fee has been paid.

(3) If a groundwater source is used by more than one

person, only one notification for such groundwater source shall be

required to be submitted to the Authority and one notification fee

shall be due with respect to such groundwater source.

The Authority may designate any of its officers thereof or

any other person acting on its behalf to carry out duties in connection

with, or arising from, these regulations.

(1) The notification of a groundwater source in terms of

these regulations does not in any way give any right to any person

notifying a groundwater source in terms of these regulations, or to

any 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 Authority may at any time order such person or

user to close such groundwater source, notwithstanding that such

source has been notified and the notification fee paid in accordance

with these regulations.

(2) If the Authority orders any person or user to close a

groundwater source, the registration fee or the notification fee which

would have been paid in respect of such source shall not be refunded.

(3) The provisions of this regulation shall mutatis

mutandis apply to any user or groundwater source registered in terms

of the Registration of Groundwater Sources Regulations, 1997.

The notification of a groundwater source made by any user

in terms of these regulations shall in no way prejudice any rights or

claims which third parties may have over such source.

(1) Any user of a groundwater source who fails to notify the

Authority within the period established in regulation 3 or submits

incorrect, incomplete or false information in the notification form, shall

be guilty of an offence and shall be liable to a fine (multa) of not less

than nine thousand and three hundred euro (€9,300) but not exceeding

eighteen thousand and six hundred euro (€18,600) and to the

confiscation of the equipment used in the same groundwater source.

(2) Such fine shall be payable within period of time as

the Court in passing sentence shall direct.

(3) Such fine and confiscation of equipment shall be

without prejudice to any other punishmnet for which the user would

be liable under any other law or regulation.

B

The Registration of Groundwater Sources Regulations, Repeal

of L.N. 120

of 1997.

1997 are hereby being repealed.

Schedule

(Regulation 3)

Malta Resources Authority

Tel. : +356 2295 5101

Millennia Complex

Fax.: +356 2295 5200

Triq Aldo Moro

Email: enquiry@mra.org.mt

Marsa, MRS 9065

www.mra.org.mt

MALTA

For Office Use Only

APPLICATION FOR NOTIFICATION OF A

Notification No.

GROUNDWATER SOURCE

Date Received

All sections of this application should be filled in and legible. (Incomplete, illegible or

improperly filled in applications will be delayed or returned).

SECTION A -

GENERAL INFORMATION

A1.

Applicant’s Information

To be filled if application is made by an individual

Title

Full Name and Surname

I.D. No./ Passport No

VAT No (if applicable)

Trading Licence No: (if applicable)

Contact Address

Tel. No.

Mobile No.

Fax No.

E-mail address

To be filled if application is made on behalf of a Company / Legal Organisation

Name of Company / Legal Organisation

Company Registration No.

VAT. No

Trading Licence No. (if applicable)

Type of Company: LTD

PLC

Corporation

Government

Organisation

Other

(Specify) __________________________________________________________________

Is Company Part of a Holding? YES

(Specify) __________________________________ NO

Details of Legal Representative (where applicable)

Title

Full Name and Surname

I.D. No./ Passport No

Position Held

Contact Address

Tel. No.

Mobile No.

Fax No.

E-mail address

B

A2.

Users of Groundwater Source

(If necessary submit additional copies of this sheet with details as applicable)

Share of use expressed

as a percentage

Name &

Surname

USER

Address

(Main

Applicant)

ID Number /

Passport No

Name &

Surname

USER

Address

ID Number /

Passport No

Name &

Surname

USER

Address

ID Number /

Passport No

Name &

Surname

USER

Address

ID Number /

Passport No

SECTION B -

DETAILS OF SOURCE

B1.

Location and site details of the source

Address of groundwater source

Name of land where source is located

Limits of

B2.

Source Classification

Source classification (see definitions)

Notes

( cross × where applicable)

Borehole

Refer Section B3.1

Shaft (spiera) with or with galleries

Refer Section B3.2

Spring (Horizontal gallery)

Refer Section B3.3

Specific Details of Source

Borehole

B3.1

Diameter (D) in cm

Northing (UTM) (WGS84)

Easting (UTM) (WGS84)

Total Depth of borehole in m

Depth to groundwater in m

Date of drilling of borehole

Hand-dug borehole (Spiera)

Shaft

Diameter (D) in cm

Northing (UTM) (WGS84)

Easting (UTM) (WGS84)

Total Depth of shaft in m

Depth to groundwater in m

Date of drilling of shaft

Number of horizontal galleries

Galleries

Length in m of gallery #1

(If necessary submit

additional copies of this

Bearing from N of gallery #1 (degrees)

B3.2

sheet with details as

Date of drilling of gallery #1

applicable)

Length in m of gallery #2

Bearing from N of gallery #2 (degrees)

Date of drilling of gallery #2

Length in m of gallery #3

Bearing from N of gallery #3 (degrees)

Date of drilling of gallery #3

B3.3

Spring (Horizontal gallery)

Length in m

Bearing from N (degrees)

Discharge m 3 /hr

Date of drilling of horizontal gallery

Northing (UTM) (WGS84)

Easting (UTM) (WGS84)

SECTION C.

PURPOSE OF USE

Purpose of Use (tick as applicable)

Agriculture /

Animal

Food &

Other(please

Irrigation

Husbandry

Industrial

Beverage

Details per user detailed in Section2 (If necessary submit additional copies of this sheet with details as applicable)

User 1

(Main Applicant)

User 2

User 3

User 4

SECTION D

DOCUMENTS TO BE SUBMITTED WITH NOTIFICATION

1. A copy of site plan: A4 extract from the latest Survey Sheet on a Scale of 1:2500

•

Outline the site boundaries in red on the site plan.

•

Indicate the position from which the photograph was taken on the site plan.

•

Include the co-ordinates of the site, north point and distance from the nearest corner of an existing building on

all the site plan.

2. One photo showing the site where source is located, its surroundings and the location of the

source, with the point from which the photo was taken shown on the site plan. Such photo and

site plan shall be signed and certified by a Perit.

3. Bank draft or personal cheque for the amount of €230 and payable to: Malta Resources Authority

B

SECTION E

DECLARATIONS BY THE MAIN APPLICANT AND OTHER USERS

I / We (delete where not applicable), the undersigned, hereby declare that this entire notification form, all statements, attachments

and the other information submitted in connection with this notification are true, correct and complete in all respects to the best of

my knowledge and belief and that this declaration is executed with the knowledge that misrepresentation or failure to reveal

information requested may be deemed sufficient cause for the applicable penalties established by law.

I / We (delete where not applicable), understand that the Malta Resources Authority may conduct complete and comprehensive

investigations to determine the accuracy of all information provided in / with this notification.

I / We (delete where not applicable), authorise the Malta Resources Authority to make such investigations.

I / we (delete where not applicable) also authorise person / s acting on behalf of the Malta Resources Authority to enter, inspect

and verify any groundwater source and its site notified by this application. I / We (delete where not applicable) also authorise

person / s acting for and on behalf of the Malta Resources Authority to gather and record information regarding such groundwater

source, including by photographic or electronic means.

I / We (delete where not applicable), hereby authorise any person or entity contacted by the Authority to provide any information

as may be reasonably requested by the Authority in connection with this notification.

Main Applicant

Signed

Date

Full Name and Surname

Other Users: (If necessary submit additional copies of this sheet with details and signatures as applicable)

Signed

Date

Full Name and Surname

Signed

Date

Full Name and Surname

Signed

Date

Full Name and Surname

Signed

Date

Full Name & Surname

SECTION F

DECLARATION BY PERIT

I, the undersigned Perit, hereby declare that to the best of my knowledge all the technical content contained in this application and

on the submitted plans, photos and drawings is true, correct and complete.

Signed

Date

Full Name and Official Stamp

Electronic ID Number

PLEASE READ THE FOLLOWING CLAUSE BEFORE SIGNING

DATA PROTECTION CLAUSE

In terms of the Data Protection Act (Chapter 440 of the Laws of Malta), we will process any personal and/ or sensitive data supplied on/ in this

application, request or notification form or subsequently supplied by yourself, whether orally or in writing, for all or any of the following

1. The proper processing of your application, request and/or notice as submitted;

2. Preventing, detecting and/or prosecuting fraud and any other criminal activity which the Authority is bound to report and/or act upon whilst

meeting any other specific legal or regulatory obligations;

3. Establishing, exercising or defending any legal action;

4. Internal management, research and statistics, systems administration, the development and improvement of our services;

5. the protection and promotion of our legitimate interests and the proper conduct of our obligations arising under any law or statutory instrument;

and

6. to make public the necessary information as specified in the relevant law and/or instrument.

Relevant data will be disclosed or shared as appropriate with all our employees and with other third parties if pertinent to any of the purposes listed

above. Every field on the form is mandatory. Should you fail to fill in any mandatory field, we reserve the right to refuse the application. Should any

field be inapplicable to your particular circumstances please mark that field with the letters “N/A”. You have the right to require that we provide you

with access to your personal data as well as the right to rectify, or, in appropriate circumstances, erase any inaccurate, incomplete or immaterial

personal data which is being processed. However, you are required to inform us immediately of any alterations relating to your personal data which

we are processing.

By signing this form, you confirm that you are giving your explicit consent, in terms of the Data Protection Act, on behalf of yourself and all the other

persons specified in this form for the Authority to process your respective personal information as outlined above and you confirm that you have

brought this Data Protection notice to the attention of these other persons and obtained their respective consents.

We undertake to implement appropriate measures and safeguards for the purpose of protecting the confidentiality, integrity and availability of all

data processed.

B

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