Groundwater Abstraction (Metering) Regulations, 2010

L.N. 241 of 2010

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Groundwater Abstraction (Metering) Regulations, 2010

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 Groundwater

Abstraction (Metering) Regulations, 2010.

(2) The purpose of these regulations is the metering of

groundwater abstraction.

Regulations 10, 12 (3), 14 (1), 15 (1)

Fees

Type

Meter

installation

fee

with

respect

to

each

groundwater source – Regulation 10

Metering fee: for every period of one year and in

respect of each groundwater source metered under

these regulations – Regulation 10

Application to the Corporation for testing of meter –

Regulation 12 (3)

Application to the Corporation for temporary

suspension of metering – Regulation 14 (1)

Application to the Authority for closure, sealing and

decommissioning

of

a

groundwater

source

–

Regulation 15 (1)

(1) Unless otherwise stated in these regulations, the

definitions in the Act shall apply.

(2) For the purpose of these regulations and unless the

context otherwise requires

“the Act” means the Malta Resources Authority Act;

“aquifer” means a subsurface layer or layers of rock or

other geological strata of sufficient porosity and permeability

to allow either a significant flow of groundwater or the

abstraction of significant quantities of groundwater;

“the Authority” means the Malta Resources Authority as

established by the Act;

“body of groundwater” means a distinct volume of

groundwater within an aquifer or aquifers;

“contractor” means any person contracted by the

Authority to carry out any task required under these

regulations;

“the Corporation” means the Water Services Corporation

established by the Water Services Corporation Act;

“domestic garden” means a garden that is not bigger

than 1000 square metres and that is used solely in connection

with a residential tenement whose produce is not sold;

“domestic groundwater source” means any groundwater

source which is located in a residential tenement and where

the groundwater abstracted is used for household purposes,

or for the filling of swimming pools, or for irrigation of a

domestic garden, or for watering of animals kept as pets but

does not include dairies, piggeries, poultry or rabbit farms or

any other intensive or commercial uses;

“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” 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 extracted or can be extracted or which

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;

“the Minister” means the Minister responsible for

resources;

“officer” includes any person engaged by, detailed for

duty with, or in any manner whatsoever performing duties for

or on behalf of the Authority or the Corporation as the case

may be;

“perched aquifer” means an unconfined groundwater

body sustained in the upper coralline limestone by an

underlying layer of clay;

“public water distribution network” shall have the

meaning as it has in the Water Supply and Sewerage Services

Regulations, 2004;

“residential tenement” shall have the meaning as it has

under the Water Supply Regulations, 1948;

“saturated zone” means that part of an aquifer in which

all interconnected openings within the geological formation

are completely filled with water;

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

others, has the effective control of use over the land in which

a groundwater source is situated, and for the purposes of these

regulations effective control of use shall mean the occupancy

of the land in question;

“wellhead” means any apparatus, equipment and

engineering works required by the Authority around and

adjacent to a groundwater source for the protection of the

groundwater source from pollution and includes the casing of

the groundwater source.

All groundwater sources

(a) which were dug or enlarged prior to the year 1955

Provided that only those groundwater sources which,

in terms of records possessed by the Authority are shown

to have been dug or enlarged prior to the year 1955 are to

be considered by the Authority as to have been so dug or

enlarged; or

( b ) w h i ch h a v e b ee n v a li d l y r e g i s te r e d a s a

groundwater source in terms of the Ground Water Sources

(Registration) Regulations, 1997; or

(c) which have been validly notified as a groundwater

source to the Authority in terms of the Notification of

Groundwater Sources Regulations, 2008; or

(d) which were in use or constructed prior to the entry

into force of the Malta Resources Authority Act, and which

are used by the Corporation,

shall be metered by the Corporation or by its delegated contractor,

and in a manner as directed by the Authority

Provided that the Authority may permit a groundwater

source to be exempted from metering

(a) if no pump or other mechanical device is installed

or used to abstract groundwater from such groundwater

source; or

(b) if it is proved by the user to be a cultural property

under the Cultural Heritage Act;

(c) if it is declared as such by the user that the source is

used solely for domestic purposes by the user’s household and

where the abstraction yield from such source does not exceed

one cubic metre per day and the source abstracts groundwater

from the perched aquifer

Provided that the abstraction yield of such groundwater

source shall be verified and determined by the Authority

following a pump test carried out by the Authority or its

delegated contractor in the form and manner that the Authority

may establish

Provided further that with respect to groundwater

sources operated by the Corporation, the Authority may

accept existing metering arrangements in place at the time of

entry into force of these regulations.

For a transitory period of 12 months starting from the

date of entry into force of these regulations, the Authority may

temporarily permit unmetered abstraction from groundwater

sources referred to in Regulation 3 on the basis of prioritisation

considerations for the metering of such groundwater sources in

compliance with regulation 8 of these regulations.

Both the Authority and the Corporation may appoint a

contractor or contractors to carry out any of the works referred to

in these regulations, including works related to the installation of

meters and other associated works, meter reading and billing on its

behalf, by any means, in relation to the abstraction of water from a

groundwater source.

(1) Meters shall be provided and fixed by the

Corporation or by its contractor and these shall be installed at the

expense of the user, in such part of the site where the groundwater

source is situated and the Corporation may consider necessary and

expedient and in accordance with such specifications and technical

requirements established by the Authority

Provided that with regards to such works and to the

installation of the meter, the Corporation shall not undertake

to restore floors, wall surfaces or any decorations which may be

interfered with in the execution of such works and installation of

meter.

(2) The user of the groundwater source shall be

responsible to carry out such preparatory works necessary and

shall comply with such directions and instructions and within

such specified timeframes that the Corporation may give to enable

the installation of the meter to be carried out in accordance with

such specifications and technical requirements established by the

Authority.

(3) The preparatory works for meter installation

referred to in sub-regulation (2) hereof shall include, but not

necessarily be limited to, civil engineering works that may be

required by the Corporation for the construction of the wellhead

and for the protection of the wellhead and such works shall be

certified by a Perit as being carried out in accordance with such

specifications and technical requirements established by the

Authority.

(4) Where any person denies access to a groundwater

source to the Corporation, or cannot, or fails to comply with its

instructions or directions to enable the installation of a meter

in accordance with such precautions, specifications, technical

requirements or timeframes that may be established for such

purpose, the Corporation shall inform the Authority who may

then order the closure, sealing and decommissioning of such

groundwater source at the expense of the user, and in accordance

with the specifications and technical requirements that it may

establish for such purpose, and in addition such person shall be

guilty of an offence and shall, on conviction, be liable to

(a) imprisonment for not more than eighteen months

or to a fine (multa) of not less than ten thousand euro and not

more than fifty thousand euro; or

(b) to a fine of not more than one thousand three

hundred euro for each day during which the offence persists

Provided that the costs incurred by both the Authority

and the Corporation associated with the closure, sealing

and decommissioning of the groundwater source shall be

recovered from the user of the source.

(5) Meters shall be installed and the pipe connections

and wellhead shall be sealed and locked in a manner as determined

by the Corporation.

(6) Meters shall remain the property of the Corporation

and any repairs required to a meter provided by the Corporation are

to be carried out, or caused to be carried out, by the Corporation or

by its contractor.

(1) The carrying out of any work of whatever nature

which in any manner whatsoever causes alteration, breakage

or tampering of the meter, seals or locks to a wellhead or meters

installed by the Corporation is prohibited, unless such work is

authorised by the Authority either through a general authorisation

or through a specific authorisation and such work shall be carried

out in accordance with such guidelines and specifications as the

Authority may establish.

(2) Any person shall be guilty of an offence if the seals

or locks of a meter are altered, broken or tampered or if the meter

is bypassed or if any damage is caused to the meter, wilfully or by

neglect, or if any fittings are installed or altered in such a manner

that the meter does not accurately measure the quantity of water

abstracted from the groundwater source, and shall on conviction be

liable to

(a) imprisonment for not more than eighteen months

or to a fine (multa) of not less than ten thousand euro and not

more than fifty thousand euro; or

(b) to a fine of not more than one thousand three

hundred euro for each day during which the offence persists

Provided that in any case the Authority may order the

closure, sealing and decommissioning of the groundwater

source at the expense of the user and in accordance with the

specifications and technical requirements that it may establish

for such purpose and the costs incurred by the Authority

and, or the Corporation associated with the closure, sealing

and decommissioning of the groundwater source shall be

recovered from the user of the source.

(1) The Authority shall determine the prioritisation and

the order by which groundwater sources are to be metered.

(2) The prioritisation for the installation of the meters

of abstraction sources may be based on

(a) hydrogeological characteristics of groundwater

bodies and regional considerations of locations of

groundwater sources;

(b)

declared use of abstraction;

(c)

likely water demand obtained from a groundwater

source;

(d) qualitative and quantitative status of the

groundwater body and any measures pursuant to the

requirements of the Water Policy Framework Regulations,

2004.

(1) The Corporation shall determine its own Meter reading and

procedure for metering groundwater sources and meters may be inspection

read, inspected or examined by the Corporation or its delegated

contractor or when directed by the Authority.

(2) Where

(a) a user, after receiving reasonable notice, fails to

provide access or prevents an officer of the Corporation from

reading a meter; or

(b) a meter or a seal or lock to the meter is tampered

with in any manner whatsoever; or

(c) any seal or lock is found to be tampered or broken;

or

(d) a user hinders or obstructs such reading, or causes

such tampering or damage to the meter, seal or lock,

the Corporation shall cause an assessment of water abstraction

to be made, at its discretion, on the basis of any of the options

provided under regulation 13

Provided that this shall be without prejudice to any

other liability incurred or to be incurred by the user or any

other person who refuses admission to the officer of the

Corporation

Provided further that in any such case the proper

adjustment of the groundwater source’s user account in

respect of the consumption shall be made when the meters are

eventually read.

The fee for a meter installation and the annual metering

fee shall be payable to the Corporation in accordance with the fees

as set in terms of the Schedule of these regulations.

If any amount due to the Corporation under these

regulations is for any cause not paid within forty-five days from

the date specified in the bill requesting payment of such amount,

there shall run an interest on such amount at the maximum rate per

annum and pro rata permitted by law for every day which passes

after the said forty-five days up to the date the payment is effected,

and the Corporation shall inform the Authority, which may order

the closure, sealing and decommissioning of the groundwater

source at the expense of the user. If the meter is not removed the

annual metering fee shall continue to be due

Provided that if the meter has not yet been installed and

the groundwater source is closed, sealed and decommissioned as

aforementioned, no such meter installation fee and interest shall be

due.

(1) The Corporation may at any time cause a test of a

meter to be carried out, if it has sufficient justification and, or if it

is so directed by the Authority.

(2) Meters shall, on application by the user, be tested

by the Corporation and the user may be present at the test. The

results of the test shall be binding both on the user and on the

Corporation, and the volume of water abstracted from the date

of the last reading of the meter to the date of the test, or of the

removal of the meter for the purpose of the test, shall be calculated

in accordance with the result of such test.

(3) An application fee for testing the water meter shall

be charged in accordance with the Schedule to these regulations

Provided that this fee shall be reimbursed if after testing,

the meter is found to be incorrect beyond six per centum (6%) of

actual volume of water tested.

(4) When a meter is found to be out of order, notice

of the fact shall be given in writing to the user by the Corporation

and the meter shall be replaced by another meter. A record of the

reading of the new meter at the time of its installation shall be

given to the user at his request

Provided that the Authority may allow a groundwater

source to be temporarily unmetered until a new meter is installed.

(1) The volume of water abstracted in respect of the Estimations in the

period between the date of the reading immediately preceding the case

reading in relation to which the meter is found to be defective or or tampered with.

tampered with, and the date of the installation of a new meter or

the date of repair of the defective meter, as the case may be, shall

be estimated in accordance with sub-regulation (2) hereof.

(2) Where

(a) upon testing a meter is found to be incorrect

beyond six per centum (6%) of the volume of water tested;

(b) a meter has been removed for repair; or

(c) a meter was, or any associated fittings were,

installed or altered so that the meter does not accurately

measure the quantity of water abstracted,

the Corporation may estimate the quantity of water abstracted by

reference to the average daily rate of water abstraction

(i) during the corresponding period of the last

preceding year; or

(ii) during the period between the two readings

immediately preceding the reading in relation to which

the meter was found to be defective or removed or found

inaccurate; or

(iii) during the period between the date of the

installation of the new meter or of the repair of the defective

meter, as the case may be, and a subsequent date to be

determined by the Authority.

(3) Special readings of meters may be taken at any

time as may be agreed between the user and the Corporation.

(1) Whenever the user of a metered groundwater

source referred to in regulation 3 hereof intends to carry out any

maintenance work on a pump or other mechanical device and, or

any work on any other connection or equipment used to abstract

water from a metered groundwater source and which pump or

mechanical device and, or connection or equipment is inaccessible

due to the presence of the seals or locks provided and installed by

the Corporation in accordance with regulation 6 hereof, such user

shall submit an application in writing to the Corporation for the

temporary suspension of metering, for its approval, in the form

and manner as the Corporation may decide and such application

shall be accompanied by an application fee as established in the

Schedule to these regulations

Provided that no works shall be carried out until

approval for such works is obtained in writing from the Corporation

and in accordance with such conditions that the Corporation may

prescribe and such guidelines and specifications as the Authority

may establish.

(2) Any person who carries out any such works

referred to in sub-regulation (1) or causes such work to be carried

out, without the prior approval of the Corporation, shall be guilty

of an offence and shall, on conviction, be liable to

(a) imprisonment for not more than eighteen months,

or to a fine (multa) of not less than ten thousand euro and not

more than fifty thousand euro; or

(b) to a fine of not more than one thousand three

hundred euro for each day during which the offence persists.

(3) The Corporation shall, on granting an approval for

temporary suspension of metering, specify

(a) the date when the temporary suspension of

metering enters into effect and the date when the temporary

suspension of metering ceases to have effect; and

(b) any other condition that the Corporation may

consider necessary.

(4) The Corporation may seal the groundwater source

and any connections to the source for the period it establishes

for temporary suspension of metering in accordance with the

specifications and technical precautions that the Authority may

establish and deem fit.

(5) The user of a groundwater source shall be found

guilty of an offence if, wilfully or by neglect

(a)

the seals or locks are altered, broken or tampered;

(b) if any damage is caused to the seals, locks or

connections, or if any fittings are installed or altered during

the period of temporary suspension of metering,

and such user shall on conviction be liable to

(i) imprisonment for not more than eighteen

months, or to a fine (multa) of not less than ten thousand

euro and not more than fifty thousand euro; or

(ii) to a fine of not more than one thousand three

hundred euro for each day during which the offence

persists.

(6) Any works carried out in connection

with the removal of any seals to a meter or sealing

of a groundwater source shall be carried out by the

Corporation or its contractor.

(1) When the user of a groundwater source intends

to close, seal and decommission a groundwater source, he shall

submit an application in writing to the Authority for its approval

in the form and manner as the Authority may require and together

with this application there shall be paid an application fee as

established in the Schedule to these regulations

Provided that no works to close, seal and decommission

a groundwater source shall be carried out until the approval for

such works is obtained in writing from the Authority.

(2) Any person who carries out any such works

referred to in sub-regulation (1) hereof or causes such works to be

carried out, without the prior approval of the Authority, shall be

guilty of an offence and shall, on conviction be liable to

(a) imprisonment for not more than eighteen months,

or to a fine (multa) of not less than ten thousand euro and not

more than fifty thousand euro; or

(b) to a fine of not more than one thousand three

hundred euro for each day during which the offence persists.

(3) Any works carried out in terms of sub-regulation

(1) hereof shall be carried out at the expense of the user and shall

be carried out under the supervision of the Corporation or its

contractor

Provided that the user shall not be relieved of his

liability for the payment of any annual metering fee due, until the

date of closure, sealing and decommissioning of such groundwater

source.

(4) The costs incurred by the Authority and, or the

Corporation associated with the supervision of the sealing and

decommissioning of groundwater sources shall be recovered from

the user of the source to be sealed and decommissioned.

Any meter installed to a groundwater source may be

removed at any time by the Authority, and no person shall, through

the installation of a meter in terms of these regulations or through

an exemption from the installation of such meter at a groundwater

source, purport or be deemed to have acquired any vested rights to

abstract groundwater from such a groundwater source.

(1) The Authority shall order the closure of any

domestic groundwater source within six months from the entry into

force of these regulations, except for any domestic groundwater

source

(a) to which no pump or other mechanical device is

installed or used to abstract water from such groundwater

source; or

(b) located within a residential tenement which cannot

be supplied by a constant supply of water by the Corporation

in accordance with the Water Supply Regulations, 1948,

solely because the public water distribution network is located

more than 50 metres from the nearest point of the residential

tenement; or

(c) that is proved by the user of such groundwater

source as being a cultural property under the Cultural Heritage

Act; or

(d) which is declared by the user by means of an

affidavit sworn before a Commissioner of Oaths as a source

(i) which is used solely for domestic purposes by

the user’s household; and

(ii) where the abstraction yield from such

groundwater source does not exceed one cubic metre per

day; and

(iii) the water abstracted from the groundwater

source is from the perched aquifer.

(2) The closure, sealing and decommissioning of

a groundwater source referred to in sub-regulation (1) shall be

carried out at the expense of the user and in accordance with the

specifications and technical requirements that the Authority may

establish, and any costs incurred by the Authority associated with

the closure, sealing and decommissioning of the groundwater

source shall be recovered from the user of such groundwater

source.

(3) The Authority may at any time order the closure,

sealing and decommissioning of a groundwater source or limit the

abstraction of groundwater from any groundwater source if, in the

opinion of the Authority, it is necessary to restrict the abstraction of

groundwater for any reason whatsoever, and may for such purpose

plug any outlets or connections and seal such outlets or connections

as it may consider necessary

Provided that the user shall not be relieved from the

payment of any metering fee and any other fees due until the date

of closure, sealing and decommissioning of such groundwater

source

Provided further that the groundwater source shall be

closed, sealed and decommissioned at the expense of the user and

in accordance with the specifications and technical requirements

that the Authority may establish and any costs incurred by the

Authority associated with the closure, sealing and decommissioning

of the groundwater source shall be recovered from the user of such

groundwater source.

(4) If any person abstracts or uses water in

contravention of a prohibition or limitation imposed by any order,

condition or instruction issued by the Authority or if any person

abstracts or uses water otherwise than in accordance with any

condition, order or restriction so imposed, such person shall be

guilty of an offence under these regulations and shall on conviction

be liable to

(a) imprisonment for not more than eighteen months,

or to a fine (multa) of not less than ten thousand euro and not

more than fifty thousand euro; or

(b) to a fine of not more than one thousand three

hundred euro for each day during which the offence persists

Provided that the Authority may order the closure,

sealing and decommissioning of the groundwater source at the

expense of the user and in accordance with the specifications and

technical requirements that it may establish for such purpose and

the costs incurred by the Authority or the Corporation associated

with the closure, sealing and decommissioning of the groundwater

source shall be recovered from the user of such source.

(5) The Authority may issue directives or make

decisions to ensure compliance with these regulations.

The Authority shall not be liable for any loss or damage

nor shall it pay any compensation to any person for any loss or

damage

(a) sustained by any person by reason of anything

done in pursuance of the metering of any groundwater source;

(b) for the closure, sealing and decommissioning of

any groundwater source;

(c) for anything done in pursuance of limiting or

prohibiting groundwater abstraction;

(d) for any act of commission or omission of the

Authority in pursuance of the discharge of its functions under

these regulations.

(1) Any officer or employee of the Corporation or of

the Authority duly authorised may, at all reasonable times, enter

any premises in which a groundwater source is located to ensure

compliance with these regulations.

(2) For the purposes of any action taken under these

regulations, the Authority may request the assistance of the

Commissioner of Police, who shall for such purpose exercise such

powers as are vested in him by law in relation to the investigation

of criminal offences.

(1) The Authority may impose an administrative fine Administrative fines.

upon any person who infringes any provision of these regulations

or who fails to comply with any directive or decision given by the

Authority in ensuring compliance with these regulations.

(2) An administrative fine imposed under sub-

regulation (1) of this regulation shall not be less than one thousand

five hundred euro and shall not exceed one hundred thousand euro

for each contravention and, or six hundred euro for each day of

non-compliance, from the date of the decision adopted by the

Authority.

The punishments provided in these regulations shall

apply in the case of an offence committed under these regulations,

unless the fact constitutes a more serious offence under the

Criminal Code or any other law, in which case the provisions

contained in the Code or any other law shall apply.

Notwithstanding any other law, proceedings for an

offence against these regulations may be commenced at any time

within six years from the commission of the offence.