Regulations, 2023

L.N. 81 of 2023

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Groundwater (Prohibition of Discharge to Groundwater Bodies)

Regulations, 2023

IN EXERCISE of the powers conferred by articles 54 and 55 of

the Environment Protection Act, the Minister responsible for the

environment after consultation with the Environment and Resources

Authority, has made the following regulations:-

(1) The title of these regulations is the Groundwater Citation and

(Prohibition of Discharge to Groundwater Bodies) Regulations, 2023. scope.

(2) The scopes of these regulations are to transpose Article

11(3)(g) of the Directive 2000/60/EC of the European Parliament and

of the Council of 23 October 2000 establishing a framework for

community action in the field of water policy and to establish a legal

prohibition of pollutant discharges to any body of groundwater.

(regulation 2)

Pollutants for the purposes of these regulations

The following shall be considered to be pollutants for the

purposes of these regulations

(a) Those substances listed in Schedule VIII to the Water

Policy Framework Regulations;

(b) Those pollutants listed in the First Schedule to the

Protection of Groundwater Against Pollution and Deterioration

Regulations;

(c) Those substances or indicators of pollution referred to in

items 1, 2 and 3 of Part B of the Second Schedule to the Protection of

Groundwater Against Pollution and Deterioration Regulations;

(d) Heat (unless the activity resulting in the discharge of

heat has been expressly authorised or permitted);

(e) Any other substance at concentrations exceeding

the

natural background levels of the receiving body of groundwater.

€0.36

In these regulations, unless the context otherwise Interpretation.

requires

"Act" means the Environment Protection Act;

"aquifer" shall have the same meaning as assigned to it in

the Water Policy Framework Regulations;

"Authority" means the Environment and Resources

Authority as established by article 6 of the Act;

"body of groundwater" shall have the same meaning as

assigned to it in the Water Policy Framework Regulations;

"direct discharge to groundwater" means the discharge of

pollutants into any groundwater body without percolation in

the soil or subsoil, and for the purposes of these regulations shall

also include any discharge of pollutants at ground surface and, or

at any point which is vertically deeper than half the distance

between the ground surface and the nearest water table at that

point;

"indirect discharge to groundwater" means the introduction

of pollutants into any body of groundwater after percolation in

the soil or subsoil, and for the purposes of these regulations shall

mean any discharge of pollutants at ground surface and, or at

any point which is vertically less than half the distance between

the ground surface and the nearest water table at that point;

"pollutants" means any substance which may cause

pollution, as indicated in the Schedule;

"pollution" shall have the same meaning as assigned to it in

the Water Policy Framework Regulations;

"protected area" shall have the same meaning as assigned to

it in the Water Policy Framework Regulations;

"safeguard zone" means a part within a protected area

which is subject to additional measures for the protection of

water intended for human consumption, and shall consist of

any such zone indicated a s s u c h in the water catchment

management plan;

"saturated zone" means that part of an aquifer in which all

interconnected openings within the geological formation are

completely filled with water;

"water catchment management plan" means the plan

drawn up for the Malta Water Catchment District, in accordance

with the provisions of regulation 13 of the Water Policy

Framework Regulations;

"water table" means the upper limit of the saturated zone.

(1) Any person who undertakes, or causes to be

undertaken, any activity which consists of or results in a direct

discharge of pollutants to groundwater shall be guilty of an offence

and shall on conviction, be liable to a fine (multa) not exceeding one

thousand euro (€1,000).

(2) Any person who undertakes, or causes to be undertaken,

any activity of disposal or tipping for the purpose of disposal, which

activity consists of, or results in, or may lead to, the indirect discharge

to groundwater of pollutants shall, unless the activity has been

expressly authorised or permitted, be guilty of an offence and

shall, on conviction be liable to a fine (multa) not exceeding seven

hundred and fifty euro (€750).

(3) Any person who commits any illegal activity referred to in

sub-regulations (1) or (2) where the discharge to groundwater occurs

within a groundwater safeguard zone, shall on conviction, be liable to

a fine (multa) of not less than five thousand euro (€5,000) and not

exceeding ten thousand euro (€10,000).

(4) The Court may, notwithstanding any punishment to

which it may impose on the offender under sub-regulations (1) to (3),

order the decommissioning and, or sealing of any structure or

infrastructure located above or underground used in carrying out the

activity to be undertaken at the offender’s expense, and may further

order the confiscation of any equipment used in the carrying out of

said activity

Provided that where the activity described in sub-

regulation (2) takes place at ground surface, the Court shall,

notwithstanding any punishment to which it may impose on the

offender, order any necessary environmental remediation including

any required removal and disposal to be carried out at the offender’s

expense.

(5) Notwithstanding the provisions of sub-regulations (1) to (3)

any activity directed at artificial recharge or augmentation of bodies of

groundwater in accordance with paragraph (f) of sub-regulation (3) of

regulation 12 of the Water Policy Framework Regulations for which S.L. 549.100.

prior authorisation has been obtained, shall not constitute an offence.

(1) The provisions of articles 23 and 30(1) of the Applicability of

Criminal Code shall apply mutatis mutandis to proceedings in respect the

Code.

of offences against these regulations, sohowever

that

the Cap. 9.

disqualification of a person from holding or obtaining a license, permit

or authority shall in no case be for less than one (1) year.

(2) The provisions of articles 121D and 248E(4) of the

Criminal Code shall apply mutatis mutandis to any offence under these Cap. 9.

regulations.