Water Supply (Amendment) Regulations 2008

L.N. 331 of 2008

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Water Supply (Amendment) Regulations 2008

IN exercise of the powers conferred by sub-article (1) of article

28 of the Malta Resources Authority Act, the Minister for Infrastructure,

Transport and Communications, after consultation with the Malta

Resources Authority, had made the following regulations:-

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

(Amendment) Regulations, 2008, and they shall be read and construed

as one with the Water Supply Regulations, 1948, hereinafter referred to G.N. 133 of 1948.

as “the principal regulations”.

(2) These regulations shall be deemed to have come into

force on the 1st October 2008, so however, that, with regard to the bill

which shall be issued according to the first reading of the meter taken

after that day, such bill shall be worked out in such a way so that the

consumption for that period shall be divided in proportion to the number

of days out of such period which occur before that day and the number

of days out of the same period which shall have occurred after such

day, and the bill shall be worked out according to those rates which

apply to each group of days respectively.

Amends regulation

Regulation 12(2)

Non-Residential Water Consumption

Tariff for service charge and water consumption

Incorporating drainage contribution

In every period of one year, the tariffs shall be as follows

(a) the service charge for every tenement, for every service

installed in the tenement, shall be €130;

(b) the tariff for the consumption of water shall be as follows

for any quantity less than 168m 3 ……………………€1.75 per 1m 3

for any quantity from 168m 3 up to 40,000m 3 ……€2.15 per 1m 3

for any quantity exceeding the said quantity of

40,000m 3 …………………………………………€1.40 per 1m 3 .”.

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

€0.75

In regulation 2 of the principal regulations

2 of the principal

regulations.

(a) immediately after the definition “person residing in a

tenement”, there shall be inserted the following

““residential tenement” means premises used exclusively

as a residence by a person or a group of persons on a permanent

basis, as may be verified by means of such documents as the

corporation may request;”;

(b) in the definition “domestic supply”, for the expression

“domestic supply” there shall be substituted the expression “supply

to a residential tenement”;

(c) the definition “period of four months” shall be deleted

and in its stead there shall be inserted the following

““period of one year” means a period of three hundred

and sixty five consecutive days

Provided that, when a reading is taken for a period of less or

more than a year, the service charge and the tariff for water

consumption shall be calculated on a pro rata basis;”;

(d) immediately after the definition of “period of one year”,

there shall be inserted the following

““preferential tariff” means that tariff for a supply to a

residential tenement which is less than the other;”;

(e) in the definition “tenement”, immediately after the word

“separately” there shall be inserted the words “, and it may be

either a residential tenement or a non-residential tenement”.

Regulation 5 of the Principal regulations shall be amended as

(a) in sub-regulation (2) thereof, for the words “when one

communication is made for one tenement ……. €163” and “when

one communication is made for more than one tenement, for each

tenement ……. €81.50”, there shall be substituted the words “when

a communication is made for a residential supply ….. €345” and

“when a communication is made for any other supply ….. €760”

respectively; and

(b) immediately after sub-regulation (3) thereof, there shall

be inserted the following new sub-regulation

“(4) Houses, apartments, flats, factories, hotels,

commercial outlets, offices, and any other buildings which

are physically internally interconnected shall be provided with

only one service unless otherwise authorised by the Chief

Executive.”.

For regulation 12 of the principal regulations, there shall be Substitutes

regulation 12 of the

substituted the following

principal

regulations.

12 (1) For the purposes of these regulations a

Residential Premises Service shall be charged in accordance

with the First Schedule to these regulations.

(2) For the purposes of these regulations a non-

Residential Premises Service shall be charged in accordance

with the Second Schedule to these regulations.

(3) Notwithstanding the provisions of any other law,

the Chief Executive shall, at any time and in his discretion,

having regard to the provisions of these regulations, determine

whether a Service is to be deemed a Residential Premises

Service or a non-Residential Premises Service for the purposes

of these regulations.

(4) For the purposes of these regulations a consumer

shall be entitled to submit an application requesting that a

Service to an individual unit of residence, used solely and

regularly as private dwellings, as may be confirmed by

documentary evidence, be registered as a Residential Premises

Service

Provided that the Service to the common parts of a

condominium consisting entirely of premises used exclusively

for residential purposes may also be submitted for registration

as a Residential Premises Service

Provided further that, unless otherwise authorised by the

Chief Executive, for good and sufficient cause, a consumer

shall only be entitled to register as a Residential Premises

Service, a Service to one Primary Residence, a Service to

one Secondary Residence and a Service to one Garage which

does not exceed 30 square meters in area and is used

exclusively for private, non-commercial purposes

Provided further that in the case of uninhabited premises

intended for residential use, the Corporation may allow such

a service to be registered as a Residential Premises Service

for a period of up to 12 months.

(5) For the purposes of these regulations, a Service

which is not registered as a Residential Premises Service in

terms of this regulation or a Service which has not been

submitted for registration as a Residential Premises Service

in terms of this regulation, shall be considered a non-

Residential Premises Service, unless otherwise determined

by the Chief Executive.”

Regulation 13 of the principal regulations shall be deleted.

In sub regulation (2) of regulation 14 of the principal

regulations, for the words “subsidy”, a “subsidy is given” and “a subsidy

shall not be due”, there shall be substituted the words “preferential tariff”,

“a preferential tariff is given” and “a preferential tariff shall not be due”

respectively.

Immediately at the end of regulation 15 of the principal

regulations, there shall be added the following proviso

“Provided that this charge does not include the charge due

for carrying and, or distributing such water.”.

In regulation 21 of the principal regulations, the words “for

every period of four months” shall be deleted.

In regulation 35 of the principal regulations, for the words

“regulation 34” there shall be substituted the words “regulation 30”.

Immediately after regulation 38 of the principal regulations,

there shall be added the following new regulations

Whenever it is found that any tampering with or

communication. damage to the communication has been made, the Corporation

shall request the consumer to pay damages to it in an amount

of not less than one thousand and five hundred euro (€1,500).

The preferential tariff shall apply only where a bill

is issued upon an actual reading taken either by the

Corporation or by the consumer himself and submitted to the

corporation.

Supply not to

A consumer who supplies, or allows the supply of,

water passing through his meter to a tenement other than that

for which the supply was intended, renders himself liable to

have the supply to his tenement discontinued for such period

as may be determined by the Chief Executive

Provided that the provision of this regulation shall not

apply when the first mentioned tenement consists of a private

garage, and either –

(a) it is adjacent to the residential premises

occupied by such consumer, whether it has direct access

from such premises or not, or

(b) it is within the precincts or on the same

grounds of the residential premises of such consumer,

and, moreover, the garage is made use of by the

said consumer and no other person has a right, on

payment, to make use of the same garage.

The Chief Executive may, in special cases and for

certain cases.

a specified period, on a request made by a consumer, allow

the supply of water through such consumer’s meter to one or

more tenements other than that for which the supply may have

been registered.”.

11. For the First Schedule and the Second Schedule annexed to Substitutes

schedules 1 and 2 to

the principal regulations, there shall be substituted the following two the principal

regulations.

schedules

“FIRST SCHEDULE

Regulation 12(1)

Residential Supplies – Tariff for Service Charge &

Water Consumption incorporating drainage

Contribution

1. In every period of one year

(a) the service charge in respect of every tenement, for

every service installed in the tenement, shall be €59;

(b)

the charge for water consumption shall be as follows

for any quantity not exceeding 33m 3 per person residing in the

tenement …………………………..…….. €1.40 per 1m 3

for any quantity exceeding the said quantity of 33m 3 per person

residing in the tenement …………….€5.15 per 1m 3

2. For the purposes of paragraph 1, the following provisions shall

apply with respect to the calculation of the number of persons residing

in a tenement

(a) a consumer shall furnish in writing to the Corporation,

within such time as may be stipulated by the Corporation, any

information together with any supporting documents which may

be required by the Corporation for the purpose of such calculation;

(b) a consumer shall notify the Corporation in writing of

any change in the circumstances, on the basis of which such

calculation is made, not later than one month from when such

change occurs;

(c) any change in the number of persons residing in a

tenement shall be taken into account, for the purpose of such

calculation, from the date of the first normal meter reading

following the date on which the change in the number of persons

occurs or the date on which the Corporation is notified in writing

of such a change, at the discretion of the Corporation;

(d) a person residing in a tenement may apply to the

Corporation so that he shall be deemed to be residing in a tenement

other than that in which he resides;

(e) any application referred to in sub-paragraph (d) shall be

made in such form as may be issued by the Corporation from time

to time;

(f) every arrangement made in terms of sub-paragraph (d)

shall be valid until the 31st December of the year in which it was

made or for which it was renewed, and it shall be deemed to have

been renewed for the next following year, unless the consumer,

not later than the last day of November of the year in which the

arrangement is in force, gives notice in writing to the Corporation

that he does not want the said arrangement to be so renewed.

3. If, in accordance with the provisions of these regulations, there

is no person residing in the tenement as his principal residence, the

following tariffs shall apply

For every period of one year

(a) the service charge in respect of every tenement, for every

service installed in the tenement, shall be €59;

(b) the charge for water consumption shall be as follows

for any quantity not exceeding 33m 3 ……….. €2 per 1m 3 ;

for any quantity exceeding the said

quantity of 33m 3 ……………………………….€5.15 per 1m 3 .