Saturated Zone (Amendment) Regulations, 2011

L.N. 461 of 2011

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Borehole Drilling and Excavation Works within the

Saturated Zone (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 Borehole Drilling

and Excavation Works within the Saturated Zone (Amendment)

Regulations, 2011 and they shall be read and construed as one with

the Borehole Drilling and Excavation Works within the Saturated

Zone 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 “casing” there shall

be added the following new definition

“ “confined saline groundwater body” means a

saline groundwater body that is overlain by a confining

bed which confining bed has a significantly lower

hydraulic conductivity than the aquifer formation

sustaining the saline groundwater body;”; and

(b) for the definition “seawell” there shall be

substituted the following definition

“ “seawell” means a borehole

(a) tapping the saline groundwater body

lying underneath and in direct physical contact

with a sea-level freshwater groundwater body

and drilled at a distance of not more than 150

metres from the nearest point along the coastline,

and which is cased in accordance with these

regulations; or

(b) tapping a confined saline groundwater

body which is not in direct physical contact with

any freshwater groundwater body.”.

Regulation 6 of the principal regulations shall be

amended as follows

(a) for sub-regulations (3) and (4) there shall be

substituted the following

“(3) Any person when drilling a sea-well shall

(a) if the sea-well is located at a distance of

not more than 50m from the nearest point along the

coastline construct a casing for the sea-well for a

minimum depth of 10 meters below sea-level; or

(b) if the sea-well is located at a distance of

between 50 and 100m from the nearest point along

the coastline construct a casing to the sea-well for

a minimum depth of 25 meters below sea-level; or

(c) if the sea-well is located at a distance

of between one hundred metres and one hundred

and fifty metres from the nearest point along the

coastline construct a casing to the sea-well for a

minimum depth of fifty metres below sea-level; or

(d) if the sea-well is tapping a saline

groundwater body which is not in direct physical

contact with any freshwater groundwater body,

construct a casing along the seawell from the

surface to a minimum depth of six metres below

the blue clay – globigerina limestone interface.

(4) Upon drilling a sea-well, the person who has

applied with the Authority for a permit for the drilling

of a sea-well in terms of sub-regulation (1) of regulation

5 of these regulations shall immediately ensure that

appropriate water quality tests which establish the

electrical conductivity of the water extracted from the

seawell are carried out by an accredited laboratory and

that such results are forthwith submitted to the Authority.

Such water quality tests shall also be carried out by the

user of the sea-well on a regular basis, as directed by the

Authority. Where, in terms of such water quality tests,

the electrical conductivity of such water results to be

less than 50,000 μS/cm, the user of the sea-well shall

immediately inform the Authority of the quality of the

water extracted and shall cease to extract water from

such seawell for such period of time as the Authority

may decide.”; and

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

shall be added the following new sub-regulation

“(5) The Authority may at any time, order the

cessation of abstraction of water from a source and,

or order the closure of a seawell, when the Authority

determines that the extraction of water from any

seawell which can have a negative impact on the

quantitative and, or the qualitative status of a fresh-water

groundwater body.”.

€0.27