Water Supply (Amendment) Regulations, 2010

L.N. 36 of 2010

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Water Supply (Amendment) Regulations, 2010

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

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

Resources and Rural Affairs, and with the approval of the Malta

Resources Authority, had made the following regulations: -

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

(Amendment) Regulations, 2010 and they shall be read and

construed as one with the Water Supply Regulations, 1948,

hereinafter referred to as “the principal regulations”.

(2) These regulations shall be deemed to have come

into effect on the 1st January, 2010.

In regulation 2 of the principal regulations

(a) the definition “communication” shall be substituted

the following;

“ “communication” or “service” means the pipes

and other fittings from which the main pipe lead to and

up to the meter and shall include any apparatus intended

for the registration of consumption of water enabling

the transfer of data through a network, primarily for

monitoring and billing purposes;”;

(b) the definition “residential tenement” shall be

substituted the following

“ “residential or domestic tenement” shall have the

same meaning in accordance with regulation 12;”;

(c) in the definition “supply to a residential tenement”,

for the words “residential tenement” there shall be substituted

the words “residential or domestic premises”;

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

“residential” there shall be inserted the words “or “domestic”.

Regulation 5 of the principal regulations shall be

amended as follows;

(a) in sub-regulation (1) for the words “having regard

to the requirements of the applicant concerned” there shall

be substituted the words “in accordance with those policies

established by it”;

(b) immediately after sub-regulation (4) thereof, there

shall be added the following sub-regulation

“(5) Whenever works to be carried out by the

Corporation, whether for the installation of a service,

or whether so requested by any person, necessitate the

deviation of the main pipe, the person requesting such

works shall bear all the costs in relation to such works

Provided that no work shall be commenced before

the Corporation shall have received half of the estimated

amount due to it for such works.”.

Regulation 12 of the principal regulations shall be

amended as follows

(a) immediately after sub-regulation (2) thereof, there

shall be added the following sub-regulation

“(3) For the purposes of these regulations a

Domestic Premises Service shall be charged for in

accordance with the Third Schedule.”;

(b) sub-regulation (3) thereof shall be re-numbered

as sub-regulation (4) and immediately after the words “non-

Residential Premises Service” there shall be added the words

“or a Domestic Premises Service”;

(c) sub-regulation (4) thereof shall be re-numbered as

sub-regulation (5) and for the words “Residential Premises

Service” there shall be substituted the words “Domestic

Premises Service”;

(d) immediately after sub-regulation (5) as re-

numbered, there shall be added the following new sub-

regulation

“(6) For the purposes of these regulations the

consumer may request the Chief Executive to register

individuals resident in Malta, on a Domestic Premises

Service and if the Chief Executive accepts such a

request, the Service shall be considered, until at least one

individual is registered on the Service, as a Residential

Premises Service

Provided that no one individual shall be registered

on more then one Service at the same time and that

no individual will be registered on a garage or on the

common parts of a condominium.”;

(e) sub-regulation (5) thereof shall be re-

numbered as sub-regulation (7) and for the words

“Residential Premises Service” there shall be substituted

the words “Domestic Premises Service or a Residential

Premises Service”.

Regulation 19 of the principal regulations shall be

amended as follows

(a) for the words “Meters shall be provided” there shall

be substituted the words “Without prejudice to regulation 5,

meters shall be provided”; and

(b) for the words “payment on application.” There

shall be substituted the words “payment on application:” and

immediately thereafter there shall be added the following

provisos

“Provided that the Corporation may, whenever it

so requires, install a single main meter on the outside

of a multiple tenanted premises, and install individual

and separate meters to the respective tenements situated

thereat

Provided further that in such cases the Corporation

shall not be responsible for the communication between

the main meter and the individual meters, nor for any

damages arising between the two meters or further than

the main meter, and it shall have the right to request

payment for any unaccounted difference in water

consumption registered between the main and individual

meters by billing the difference to the individual

meters.”.

Regulation 39 of the principal regulations shall be

substituted with the following

“39.Whenever it is found that any tampering with

or damage to the communication has been made, or that a

person is availing of unmetered water from any pipe or fitting

belonging to the Corporation, the Corporation shall request

the consumer, owner or occupier of the premises as the case

may be, to pay damages to it in an amount of not less than

one thousand and five hundred euro (€1,500).”.

Immediately after regulation 42 of the principal

regulations, there shall be added the following new regulations

43. (1) Subject to the provisions of regulation

44, consumers shall at all reasonable times allow access

to their premises to officials of the Corporation, and to

any person engaged on its behalf, for the purposes of –

(a) reading, testing, removing or replacing

the meter or any apparatus installed thereupon; or

(b) inspecting, removing, altering or

replacing any other portion of the service,

(c) installing, inspecting, testing, replacing,

removing or doing any other work as may

be deemed necessary by the Corporation on

any apparatus intended for the registration of

consumption of water or enabling two-way transfer

of data through a network, primarily for monitoring

and billing purposes, or any related works.

(2) Any person who, without reasonable excuse –

(a) refuses to admit into any premises

occupied by him an official of the Corporation who

seeks admission thereto for the purpose of doing

anything which he is authorized or required to do

under these regulations; or

(b) hinders or obstructs any official of the

Corporation in the performance of his duties,

shall be guilty of an offence against these regulations.

44. (1) Prior to installing or doing any other

appointments work relating to the apparatus mentioned in regulation

to install etc. 43(1)(c) on the premises of a consumer, the Corporation

shall notify in writing the consumer of the date of the

appointment when such work shall be undertaken by the

Corporation at the premises of the consumer

Provided that in notifying an appointment, the

Corporation shall endeavour to provide the consumer

with an approximate indication of the time of the

appointment.

(2) A notification of an appointment shall

be communicated to the consumer at least four working

days prior to the date proposed for the undertaking of

the said works and shall clearly state the purpose of the

appointment providing the consumer with contact details

to communicate with a Corporation representative in

case of queries.

( 3 ) T h e c o n s u m e r m a y r e q u e s t t h e

Corporation to reschedule any such appointment

Provided that such a rescheduled appointment

shall be held within a period of fifteen working days

from the date of the appointment originally notified by

the Corporation to the consumer

Provided further that the consumer shall,

under pain of nullity, communicate his request for

a rescheduling at least two working days before the

scheduled day for the appointment communicated to

him by the Corporation.

( 4 ) T h e c o n s u m e r m a y r e q u e s t a

rescheduling of the appointment beyond the period of

fifteen working days if he provides the Corporation

with written documentation which demonstrates that the

consumer shall not be able to be present within such a

period due to any of the following reasons

(a) his ill-health conditions or those relating

to a close family member;

(b) the death of a close family member;

(c)

travel reasons;

(d)

jury service;

(e)

at the discretion of the Chief Executive

Provided that in no instance may the

consumer request a rescheduling beyond the period

of sixty working days from the date of the original

appointment.

(5) Where the consumer requests the

Corporation to reschedule an appointment in any of the

following instances

(a) between 8.00 a.m. and 4.00 p.m. on any

day from Monday to Friday, not being a public

holiday, and not beyond the period of fifteen

working days of the first scheduled visit, the

Corporation shall not issue any charges;

(b) between 4.00 pm and 8.00 pm on any

day from Monday to Friday not being a public

holiday, or between 8.00 am and 4.00 pm on a

Saturday, as long as the appointment is not beyond

the period of fifteen working days of the first

scheduled visit, the Corporation may issue a charge

equivalent to an after hours fee of €10; and, or

(c) between 8.00 a.m. to 4.00 pm on a

Sunday or a public holiday, or beyond the period of

fifteen working days of the first notified visit, the

Corporation may issue a charge equivalent to an

after hours fee of €25.

(6) The consumer shall be refunded any after

hours fee paid to the Corporation for an appointment

held in accordance with this regulation if the consumer

requested rescheduling because of any of the following

(a)

performance of jury service;

(b)

a court summons;

(c)

travel abroad;

(d) a previously scheduled medical

appointment, whether of the consumer or of a close

family member who needs to be accompanied by

the consumer;

(e) where the consumer is undergoing

medical treatment or a close family member is

undergoing medical treatment which necessitates

the presence of the consumer; or

(f) at the discretion of the Chief Executive

Provided that in any of the instances listed

in this subregulation, the Corporation may require

the consumer to furnish proof as it may reasonably

require to substantiate the reason why the consumer

is requesting a rescheduling of the appointment.

(7) Without prejudice to the provisions of this

regulation, an appointment scheduled in accordance

with this regulation which is not honored by the

consumer shall, for the purposes of these regulations, be

considered to be an unsuccessful scheduled visit.

45. The water supply may be suspended if access

Suspension of

to any premises for the purposes stated in regulation 43

and 44 or if access is refused or rendered difficult or

impossible or if a consumer does not comply with the

requirements of regulation 5 to be compliant to that

regulation

Provided that for the purposes of this regulation,

access shall be deemed to have been refused, if the

Corporation, or its representatives, for any reason

whatsoever, are not afforded access to premises in

terms of regulations 44 and 45, notwithstanding

their reasonable efforts to notify the consumer or the

occupant of the premises of their requirement to enter

the premises.”.

In the First Schedule to the principal regulations, in

subparagraph (b) of paragraph 1, for the words “€1.40 per 1 m 3 ”

and “€5.15 per 1 m 3 ” there shall be substituted the words “€1.47

per 1 m 3 ” and “€5.41 per 1 m 3 ” respectively, and paragraph 3

thereof shall be deleted.

In the Second Schedule to the principal regulations, in

paragraph (b), for the words “€1.75 per 1 m 3 ”, “€2.15 per 1 m 3 ”

and “€1.40 per 1 m 3 ” there shall be substituted the words “€2.10

per 1 m 3 ”, “€2.50 per 1 m 3 ” and “€1.75 per 1 m 3 ” respectively.

Immediately after the Second Schedule there shall be

added a new Third Schedule to the principal regulations as follows

“ THIRD SCHEDULE

[Regulation 12(3)]

Domestic Supplies

Tariff for service charge and water consumption

incorporating drainage contribution

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

(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

(i) for any quantity not exceeding

33m 3 …....................................€2.30 per 1m 3 .

(ii) for any quantity exceeding

the said quantity of 33m 3 ….€5.41 per 1m 3 ”.

€0.75