Water Supply (Amendment) Regulations, 2022

L.N. 243 of 2022

REGULATOR FOR ENERGY AND WATER SERVICES ACT

(CAP. 545)

Water Supply (Amendment) Regulations, 2022

IN EXERCISE of the powers conferred by article 37(1) of the

Regulator for Energy and Water Services Act, the Minister responsible

for energy and water services, after consultation with the Regulator for

Energy and Water Services, has made the following regulations:-

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

(Amendment) Regulations, 2022 and these regulations shall be read

and construed as one with the Water Supply Regulations, hereinafter

referred to as "the principal regulations".

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

with effect from the 1 st January 2022.

Regulation 12

1. Maximum Tariff for a Non-Residential Premises Service

A Non-Residential Premises Service shall be billed, for any

period or periods as the Corporation may, from time to time determine,

such fees and tariffs which shall not exceed the following fees and

(a) the service fee for every tenement, for every service

installed in the tenement, shall not exceed one hundred thirty

Euro (€130) per annum;

(b)

the tariff for the consumption of water shall not

exceed

(i) for any quantity not exceeding one hundred

sixty-eight cubic meter (168 m 3 ) per annum…………….

one point nine nine five zero Euro (€1.9950) per one cubic

meter (1 m 3 );

(ii) for any quantity from one hundred sixty-eight

cubic meter (168 m 3 ) per annum up to forty thousand cubic

meter (40,000 m 3 )…….two point three seven five zero

Euro (€2.3750) per one cubic meter (1 m 3 );

(iii) for any quantity exceeding the said quantity of

forty thousand cubic meter (40,000 m 3 ) per

annum…………... one point six six two five Euro

(€1.6625) per one cubic meter (1 m 3 ).

2. Methodology for the Calculation of Tariffs for the

Provision of a Non-Residential Premises Service

(1) The Corporation shall be entitled to use its own discretion

as to how to calculate and bill the amounts derived from the

application of the consumption tariff for a Non-Residential Premises

Service in item 1 on a pro rata basis, such that the Corporation shall

also be entitled to apportion the relative thresholds in each of the

consumption tariffs referred to in item 1 to specific billing periods

throughout a calendar year at its discretion, and apply such thresholds

accordingly, on a pro rata basis

Provided that the Corporation shall keep the Regulator

informed of any methodology it adopts in calculating and billing the

consumption tariffs on a pro rata basis.

(2) Any bill issued by the Corporation for a Non-Residential

Premises Service, whether for a pro rata period of any calendar year or

otherwise, shall be due to be paid on the date as indicated on the bill by

the Corporation, notwithstanding that such bill may only refer to a part

of a calendar year.

(3) In order to give effect to the provisions of item 2(1), the

Corporation shall use all reasonable endeavours and procedures, in

accordance with the provisions of these regulations, to obtain a reading

of actual consumption incurred by the consumer. Where the

Corporation is unable to obtain such a reading of the actual annual

consumption incurred for reasons beyond its control, it may thereafter

rely on estimates of the actual consumption incurred by the consumer.

(4) Where a Non-Residential Premises Service is only

provided for a part of a calendar year, the maximum consumption

tariffs shall be computed by applying the cumulative thresholds

referred to in item 1(b) proportionately to the days during which a

Non-Residential Premises Service is actually provided by the

Corporation, such that each of the units (cubic meter) (m 3 ) referred to

in item 1(b) shall be divided by the number of days in a calendar year

and applied accordingly to the applicable billing period during which a

Non-Residential Premises Service is actually provided.

In regulation 2 of the principal regulations the definition

"period of one year" shall be deleted.

Regulation 12

1. Maximum Tariff for a Domestic Premises Service

A Domestic Premises Service shall be billed, for any period or

periods as the Corporation may, from time to time determine, such fees

and tariffs which shall not exceed the following fees and tariffs

(a) the service fee in respect of every tenement, for every

service installed in the tenement, shall not exceed fifty-nine Euro

(€59) per annum;

(b)

the tariff for water consumption shall not exceed

(i) for any quantity not exceeding thirty-three

cubic meter (33 m 3 ) per annum…………….. two point one

eight five zero Euro (€2.1850) per one cubic meter (1 m 3 );

(ii) for any quantity exceeding the said quantity of

thirty-three cubic meter (33 m 3 ) per annum………………

five point one three nine five Euro (€5.1395) per one cubic

meter (1 m 3 ).

2. Methodology for the Calculation of Tariffs for the

Provision of a Domestic Premises Service

(1) The Corporation shall be entitled to use its own discretion

as to how to calculate and bill the amounts derived from the

application of the Consumption Tariff in item 1(b) on a pro rata basis

Provided that

(a) the amount which is billed by the Corporation for a

period of a calendar year shall not exceed the amounts derived

from the application of the Maximum Tariff as established by the

Regulator in accordance with article 12 of the Water Services

Corporation Act and within the limits prescribed in item 1; and Cap. 355.

(b) the Corporation shall keep the Regulator informed of

any methodology it adopts in calculating and billing the

consumption tariff on a pro rata basis.

(2) Notwithstanding the provisions of item 2(1)(a) and that the

Corporation may adopt an adjustment mechanism to ensure

compliance with the provisions of item 2(1)(a), any bill issued by the

Corporation, whether for a pro rata period of any calendar year or

otherwise, shall be due to be paid on the date as indicated on the bill by

the Corporation, notwithstanding that such bill may only refer to a part

of a calendar year.

(3) In order to give effect to the provisions of item 2(1), the

Corporation shall use all reasonable endeavours and procedures, in

accordance with the provisions of these regulations, to obtain a reading

of actual consumption incurred by the consumer. Where the

Corporation is unable to obtain such a reading of the actual annual

consumption incurred for reasons beyond its control, it may thereafter

rely on estimates of the actual consumption incurred by the consumer.

(4) Where a Domestic Premises Service is only provided for a

part of a calendar year, the maximum consumption tariff shall be

computed by applying the cumulative thresholds referred to in item

1(b) proportionately to the days during which a Domestic Premises

Service is actually provided by the Corporation, such that the units

(cubic meter) (m 3 ) referred to in item 1(b) shall be divided by the

number of days in a calendar year and applied accordingly to the days

during which a Domestic Premises Service is actually provided.

Regulation 12 of the principal regulations shall be amended

by the following

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

substituted by the following new sub-regulations

"(1) For the purposes of these regulations the tariff

for a Residential Premises Service shall not exceed the

maximum tariff established in the First Schedule and shall

be calculated in accordance with the methodology as

outlined in the First Schedule.

(2) For the purposes of these regulations the tariff

for a Non-Residential Premises Service shall not exceed the

maximum tariff established in the Second Schedule and

shall be calculated in accordance with the methodology as

outlined in the Second Schedule.

(3) For the purposes of these regulations a

Domestic Premises Service shall not exceed the maximum

tariff established in the Third Schedule and shall be

calculated in accordance with the methodology as outlined

in the Third Schedule."; and

(b) immediately after sub-regulation (8) thereof there

shall be added the following new sub-regulation

"(9) For the purposes of the First Schedule, the

Second Schedule, the Third Schedule and the Fourth

Schedule, "calendar year" and any other reference to a year

(including "annum" or "annual") means a calendar year

commencing on the 1st January and expiring on the 31st

December of each respective calendar year.".

Regulation 16

1. Maximum Tariff for Highly Polished Reclaimed Water

In every calendar year, the service fees and the tariffs for water

consumption of highly polished reclaimed water shall not exceed the

following fees and tariffs

(a) the service fee in respect of access to highly polished

reclaimed water distribution system shall not exceed twenty-five

Euro (€25);

(b) the tariff for highly polished reclaimed water

consumption shall not exceed

(i) for any quantity not exceeding two thousand

m 3 ) per

five

hundred

cubic

meter

(2,500

annum…………..twenty cents (€0.20) per one cubic meter

(1 m 3 );

(ii) for any quantity exceeding the said quantity of

two thousand five hundred cubic meter (2,500 m 3 ) but not

more than five thousand cubic meter (5,000 m 3 ) per

annum…………..sixty cents (€0.60) per one cubic meter (1

m 3 );

(iii) for any quantity exceeding the said quantity of

m 3 ) per

five

thousand

cubic

meter

(5,000

annum…………..eighty cents (€0.80) per one cubic meter

(1m 3 )

Provided that the tariff related to the first block

of two thousand five hundred cubic meter (2,500 m 3 ) for all

consumers of highly polished reclaimed water for

agricultural purposes shall be free of charge until such time

as when the Minister responsible for energy and water

services so orders that the tariff provided for in sub-

paragraph (i) enters into effect

Provided further that the tariff bands which

shall be applicable on a per holding basis for the highly

polished reclaimed water supplied for agricultural purposes

shall be as follows

Volumetric quantity Volumetric quantity

Holding

Holding

for which the lowest for which the highest

Size (ha)

Units

tariff rate shall be tariff rate shall be

applicable (m 3 )

applicable (m 3 )

2,500

5,000

≤ 0.50

0.51 – 1.00

5,000

10,000

7,500

15,000

1.01– 1.50

1.51 - 2.00

10,000

20,000

2.01 - 2.50

12,500

25,000

2.51 - 3.00

15,000

30,000

3.01 - 3.50

17,500

35,000

3.51 - 4.00

20,000

40,000

4.01 - 4.50

22,500

45,000

4.51 - 5.00

25,000

50,000

5.01- 5.50

27,500

55,000

5.51- 6.00

30,000

60,000

For holding units in excess of 6ha, the volumetric quantities for

which the tariff rates shall be applicable shall be calculated on a pro

rata based on the per holding unit allocation.

2. Methodology for the Calculation of Tariffs for Highly

Polished Reclaimed Water

(1) The Corporation shall be entitled to use its own discretion

as to how to calculate and bill the amounts derived from the

application of the tariff for highly polished reclaimed water in item 1

on a pro rata basis

Provided that

(a) the amount which is billed by the Corporation for a

period of a calendar year shall not exceed the amounts derived

from the application of the Maximum Tariff as established by the

Regulator in accordance with article 27 of the Water Services

Corporation Act and within the limits prescribed in item 1; and Cap. 355.

(b) the Corporation shall keep the Regulator informed of

any methodology it adopts in calculating and billing the

consumption tariff on a pro rata basis.

(2) Notwithstanding the provisions of item 2(1)(a) and that the

Corporation may adopt an adjustment mechanism to ensure

compliance with the provisions of item 2(1)(a), any bill issued by the

Corporation, whether for a pro rata period of any calendar year or

otherwise, shall be due to be paid on the date as indicated on the bill by

the Corporation, notwithstanding that such bill may only refer to a part

of a calendar year.

(3) In order to give effect to the provisions of item 2(1), the

Corporation shall use all reasonable endeavours and procedures, in

accordance with the provisions of these regulations, to obtain a reading

of actual consumption incurred by the consumer. Where the

Corporation is unable to obtain such a reading of the actual annual

consumption incurred for reasons beyond its control, it may thereafter

rely on estimates of the actual consumption incurred by the consumer.

(4) Where highly polished reclaimed water is only provided for

a part of a calendar year, the maximum consumption tariff shall be

computed by applying the cumulative thresholds referred to in item

1(b) proportionately to the days during which highly polished

reclaimed water is actually provided by the Corporation, such that the

units (cubic meter) (m 3 ) referred to in item 1(b) shall be divided by the

number of days in a calendar year and applied accordingly to the days

during which highly polished reclaimed water is actually provided.".

€0.81

In regulation 16 of the principal regulations, the words Amends

"The Corporation shall charge for the supply of highly polished regulation

the principal

reclaimed water, the charges and tariffs established in the Fourth regulations.

Schedule:" shall be substituted by the words "For the purposes of these

regulations, the tariff for the supply of highly polished reclaimed water

shall not exceed the maximum tariff established in the Fourth

Schedule, and shall be calculated in accordance with the methodology

as outlined in the Fourth Schedule:".

The First Schedule, the Second Schedule, the Third Substitutes the

Schedule and the Fourth Schedule to the principal regulations shall be First

the Second

substituted by the following new schedules

Schedule, the

Third Schedule

and the Fourth

"FIRST SCHEDULE

Schedule to the

principal

Regulation 12

regulations.

1. Maximum Tariff for a Residential Premises Service

A Residential Premises Service shall be billed, for any period or

periods as the Corporation may, from time to time determine, such fees

and tariffs which shall not exceed the following fees and tariffs

(a) the service fee in respect of every tenement, for every

service installed in the tenement, shall not exceed fifty-nine Euro

(€59) per annum;

(b)

the tariff for water consumption shall not exceed

(i) for any quantity not exceeding thirty-three

cubic meter (33 m 3 ) per person per annum residing in the

tenement…………..one point three nine six five Euro

(€1.3965) per one cubic meter (1 m 3 );

(ii) for any quantity exceeding the said quantity of

thirty-three cubic meter (33 m 3 ) per person per annum

residing in the tenement…………..five point one three nine

five Euro (€5.1395) per one cubic meter (1 m 3 ).

2. Methodology for the Calculation of Tariffs for the

Provision of a Residential Premises Service

(1) The Corporation shall be entitled to use its own discretion

as to how to calculate and bill the amounts derived from the

application of the consumption tariff in item (1)(b) on a pro rata basis

Provided that

(a) the amount which is billed by the Corporation for a

calendar year shall not exceed the amounts derived from the

application of the Maximum Tariff established by the Regulator

in accordance with article 27 of the Water Services Corporation

Act and within the limits prescribed in item 1; and

(b) the Corporation shall keep the Regulator informed of

any methodology it adopts in calculating and billing the

consumption tariff on a pro rata basis.

(2) Notwithstanding the provisions of item 2(1)(a) and that the

Corporation may adopt an adjustment mechanism to ensure

compliance with the provisions of item 2(1)(a), any bill issued by the

Corporation, whether for a pro rata period of any calendar year or

otherwise, shall be due to be paid on the date as indicated on the bill by

the Corporation, notwithstanding that such bill may only refer to a part

of a calendar year.

(3) In order to give effect to the provisions of item 2(1), the

Corporation shall use all reasonable endeavours and procedures, in

accordance with the provisions of these regulations, to obtain a reading

of actual consumption incurred by the consumer. Where the

Corporation is unable to obtain such a reading of the actual annual

consumption incurred for reasons beyond its control, it may thereafter

rely on estimates of the actual consumption incurred by the consumer.

(4) Where a Residential Premises Service is only provided for

a part of a calendar year, the Maximum Consumption Tariff shall be

computed by applying the cumulative thresholds referred to in item

(1)(b) proportionately to the days during which a Residential Premises

Service is actually provided by the Corporation, such that the units

(cubic meter) (m 3 ) referred to in item 1(b) shall be divided by the

number of days in a calendar year and applied accordingly to the days

during which a Residential Premises Service is actually provided.