Regulations, 2011

L.N. 460 of 2011

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Notification of Groundwater Sources (Amendment)

Regulations, 2011

IN exercise of the powers conferred by article 28 (1) 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 Notification of

Groundwater Sources (Amendment) Regulations, 2011 and

they shall be read and construed as one with the Notification of

Groundwater Sources Regulations, 2008, hereinafter referred to as

“the principal regulations”.

Regulation 2 of the principal regulations shall be

amended as follows

(a) immediately after the definition “the Authority”

there shall be added the following new definitions

“coastal aquifer” means an unconfined groundwater

body sustained in the upper coralline limestone by an

underlying layer of clay and bounded by the freshwater-

saltwater interface at the coast;

“effective control of use” shall mean the user’s

exercise of control over the groundwater source in

question;”;

(b) immediately after the definition “groundwater

source” or “source” there shall be added the following new

definition

“ “mean sea level aquifer” means an unconfined

groundwater body located at sea-level and bounded

laterally by the coast and vertically by the freshwater-

saltwater interface;”;

(c) in the definition “notification fee” immediately

after the words “in respect of the” there shall be added the

words “application for a”; and

(d) immediately after the definition “officer” there

shall be added the following new definition

“ “perched aquifer” means an unconfined

groundwater body sustained in the upper coralline

limestone by an underlying layer of clay;”.

(e) for the definition “user” there shall be substituted

the following

“user” means the person who, solely or jointly

with others, exercises effective control and use over the

groundwater source in question.”.

Regulation 3 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof, for the words “20th

November, 2008:” there shall be substituted the words “20th

November, 2008.” and the provisos thereto shall be deleted;

(b) for sub-regulation (2) there shall be substituted the

following

“The applicant for the notification of a groundwater

source shall provide all the necessary information and

documentation as required in the Schedule to these

regulations, and shall include all the particulars and meet

all the requirements therein.”.

Immediately after regulation 3 of the principal regulations

there shall be added the following new regulation

3A. (1) Notwithstanding any other provision

“Notifications

of these regulations, a groundwater source which falls

under one of the following categories

2008. (a) a groundwater source 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) a shaft wider than three (3) feet in

diameter located in the surface catchment area of

a perched aquifer or a coastal aquifer and used to

draw water from above the blue clay formation; or

(c) a shaft wider than three (3) feet in

diameter located in the surface catchment area of

a mean sea level aquifer which does not exceed 50

metres in depth,

may be notified to the Authority after the 20th

November, 2008 by all users of such groundwater

source by means of the application form as provided in

the Schedule to these regulations

Provided that in the case of the groundwater

sources referred to in paragraphs (b) and (c) above,

the applicant shall present proof of the existence of the

groundwater source before the year 1992.

(2) The Authority shall publish a notice in the

Gazette, containing the details of any applications

validly received in terms of this regulation. A

groundwater source shall not be deemed to be notified

until the issue of a decision by the Authority. If the

application for the notification of a groundwater source

is refused by the Authority, the applicant shall close the

groundwater source in accordance with the directions of

the Authority.”.

For sub-regulation (1) of regulation 4 of the principal

regulations there shall be substituted the following

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

application for the notification of a groundwater source, a

non-refundable notification fee of two hundred and fifty euro

(€250).”.

€0.36