Users of Groundwater Sources (Application) Regulations, 2010

L.N. 395 of 2010

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Users of Groundwater Sources (Application) Regulations, 2010

IN EXERCISE of the powers conferred by articles 28 and 32

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

The title of these regulations is the Users of Groundwater

Sources (Application) Regulations, 2010.

Unless the context requires otherwise, the definitions

in the Malta Resources Authority Act and the Notification of

Groundwater Sources Regulations, 2008 shall apply.

(1) Any user of a groundwater source which has

been validly registered in accordance with the Registration of

Groundwater Sources Regulations, 1997 or with the Notification of

Groundwater Sources Regulations, 2008, and who is not registered

or notified as a user in the records of the Authority, may apply

with the Authority in such form and manner as requested by the

Authority to have such records updated and to be included as a user

of such groundwater source.

(2) The Authority shall establish its procedure for the

purposes of determining an application mentioned in sub-regulation

(1).

(3) The Authority shall always and at all times have

the right to add or remove any data or information contained in

its records with regard to any registration or notification of a

groundwater source registered or notified in accordance with the

Registration of Groundwater Sources Regulations, 1997 or with

the Notification of Groundwater Sources Regulations, 2008, as the

case may be.

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

submittal to it of an application mentioned in regulation 3(1), a

non-refundable fee of fifty euro (€50).

(2) An application shall not be deemed to be valid

unless and until the relative fee mentioned in sub-regulation (1) of

this regulation has been paid.

(3) If there is more than one person seeking to be

included as a user of a groundwater source, with regard to a

groundwater source ,which has been registered or notified in

accordance with the Registration of Groundwater Sources

Regulations, 1997 or with the Notification of Groundwater Sources

Regulations, 2008, as the case may be, only one application shall

be required to be submitted to the Authority and only one fee shall

be due with respect to such an application.

(1) The approval by the Authority of an application

made by a person to be registered as a user of a groundwater source

in terms of these regulations, does not in any way give any right to

any person 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 any person or user to close such groundwater source,

notwithstanding that the relative fee has been paid in accordance

with these regulations.

(2) If the Authority refuses an application or orders

any person or user to close a groundwater source, the fee paid in

respect of such an application shall not be refunded.

The approval by the Authority of an application for

a person to be registered as a user of a groundwater source

in accordance with these regulations does not in any manner

whatsoever prejudice any rights or claims which third parties may

have over such source and such approval shall not be construed

as conferring or creating any right on the property wherein the

groundwater source is situated, or of any presumption in such

person’s favour.

(1) Any person who submits incorrect, incomplete or

false information in the application made to the Authority, 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).

(2) Such fine shall be payable within such period of

time as the Court in passing sentence shall direct.

(3) Such fine shall be without prejudice to any other

punishment for which that person would be liable under any other

law or regulation.

€0.19