Regulations, 2013

L.N. 70 of 2013

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Groundwater Abstraction (Metering) (Amendment)

Regulations, 2013

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:-

(1)

The title of these regulations is the Groundwater Citation.

Abstraction (Metering) (Amendment) Regulations, 2013, and these

regulations shall be read and construed as one with the Groundwater S.L. 423.40

Abstraction (Metering) Regulations, hereinafter referred to as "the

principal regulations".

(2) These regulations shall be deemed to have come into force

on the 27th April 2010.

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a)

immediately after the definition "the Corporation"

there shall be added the following new definitions

" "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 or

stated by the user to be used for one or more of the

following purposes

(a)

household purposes; and, or

(b)

swimming pools; and, or

(c)

for irrigation of a domestic garden; and,

or

(d)

watering of animals kept as pets but this

does not include dairies, piggeries, poultry or rabbit

farms or any other intensive or commercial

agricultural uses which shall be considered as

commercial uses and shall be metered in accordance

with the provisions of these regulations

Provided that when a groundwater source is used

for any of the above purposes within a domestic garden

bigger than 1000 square metres, than such a source shall

not be considered as being a domestic groundwater source.

The aforementioned 1000 square metres shall be calculated

solely within the footprint of the land wherein the domestic

groundwater source is located and shall include only

ground containing soft-landscape materials;";

(b)

immediately after the definition "saturated zone"

there shall be added the following new definition

" "soft-landscape materials" means each layer of

the ecological sequence including aquatic plants, semi-

aquatic plants, field layer plants (including grasses and

herbaceous plants), shrubs and trees;".

Regulation 17 of the principal regulations shall be

amended as follows

(a)

sub-regulations (1), (2) and (3) thereof shall be

renumbered as sub-regulations (3), (4) and (5) respectively, and

immediately before sub-regulation (3), as renumbered, there

shall be added the following new sub-regulations

"(1) The Authority shall order the

closure of any domestic groundwater source,

with the sole exception of domestic

groundwater sources

(a)

to which no pump or other

mechanical device is installed or used to

abstract water from such groundwater

source; or

B B 697 697

(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, 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 is proved to lie within

scheduled property as referred to in the

Environment

and

Development

Planning Act; or

(d)

which is declared by the

user by means of an affidavit sworn

before a Commissioner of Oaths and is

proved by such user by means of

unequivocal,

documented

proof

submitted to the Authority as being 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.

The proof to be submitted to the

Authority by the user shall be required

ad validitatem.

(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 at the expense of the user of

such groundwater source who shall reimburse

the Authority within sixty (60) days from the

date

of

the

closure,

sealing

and

decommissioning of the groundwater source.

The user of a groundwater source shall close,

seal and decommission the groundwater

source within sixty (60) days from the date of

a decision by the Authority ordering such

closure."; and

(b)

in sub-regulation (4) thereof, as renumbered,

immediately after the words "If any person" there shall be added

the words "fails to close a groundwater source in accordance

with the Authority’s order issued under this regulation and, or".

€0.36