CONTROL OF SALE OF UNDERGROUND WATER REGULATIONS

CONTROL OF SALE OF UNDERGROUND WATER

SUBSIDIARY LEGISLATION 117.01

CONTROL OF SALE OF UNDERGROUND WATER

REGULATIONS

20th August, 1948

GOVERNMENT NOTICE 486 of 1948, as amended by Legal Notice 409

of 2007.

The title of these regulations is Control of Sale of

Underground Water Regulations.

In these regulations unless the context otherwise requires -

"Board" means the Board of the Corporation established by

section 5 of the Water Services Corporation Act;

"Corporation" means the Water Services Corporation established

by the Water Services Corporation Act;

"sale" includes any disposal under any title whatsoever;

"well" means any orifice made in the ground from which

underground water is obtained or for the purpose of obtaining

underground water;

"water controlled area" means any area declared to be a water

controlled area for the purposes of and in accordance with the

provisions of the Water Services Corporation Act.

(1) No person shall sell water pumped or otherwise drawn

out of wells situated in a water controlled area, unless such sale is

licensed in writing by the Board. In granting the licence the Board

may impose such conditions as they may think fit and may also fix

the maximum prices at which sales may be made, either in respect

of the water at the source or of the water delivered at destination,

and in the latter case, may also fix the rate payable for the transport

thereof.

(2) The grant of any such licence may be refused and any such

licence previously granted may be altered or revoked by the Board

at any time, in each case without assigning any reason therefor.

(1) If the Board have grounds for believing on such

information as they consider sufficient that any person has sold

water in contravention of these Regulations or at a price exceeding

the maximum prescribed, they, with the previous approval of the

Minister responsible for water services, may revoke or suspend any

licence granted to such person under the provisions of the Water

Services Corporation Act.

(2) The revocation or suspension of a licence under the

pro visi ons o f t his regu lati on shall no t be a bar t o crim inal

proceedings being taken against the offender.

Any person who contravenes or fails to comply with these

Regulations or who sells water at a price higher than the maximum

CONTROL OF SALE OF UNDERGROUND WATER

Court of Magistrates (Malta) or the Court of Magistrates (Gozo)

sitting as a Court of Criminal Judicature to a fine (multa) of not less

than forty-six euros and fifty-nine cents (46.59) but not exceeding

two hundred and thirty-two euros and ninety-four cents (232.94) or

to imprisonment for a term not exceeding three months or to both

such fine (multa) and imprisonment.