USERS OF GROUNDWATER SOURCES (APPLICATION) REGULATIONS *

USERS OF GROUNDWATER SOURCES (APPLICATION)

SUBSIDIARY LEGISLATION 423.45

USERS OF GROUNDWATER SOURCES

(APPLICATION) REGULATIONS *

20th August, 2010

LEGAL NOTICE 395 of 2010, as amended by Act XVII of 2024.

The title of these regulations is the Users of Groundwater

Sources (Application) Regulations.

Unless the context requires otherwise, the definitions in the

Environment Protection Act and the Notification of Groundwater

Sources Regulations shall apply.

(1) Any user of a groundwater source which has been

validly registered in accordance with the Registration of

Groundwater Sources Regulations, 1997 † or with the Notification

of Groundwater Sources Regulations, and who is not registered or

notified as a user in the records of the Authority, may apply with

the Authority in such form and manner as requested by the

Authority to have such records updated and to be included as a user

of such groundwater source.

(2) The Authority shall establish its procedure for the purposes

of determining an application mentioned in sub-regulation (1).

(3) The Authority shall always and at all times have the right to

add or remove any data or information contained in its records with

regard to any registration or notification of a groundwater source

registered or notified in accordance with the Registration of

Groundwater Sources Regulations, 1997 * , or with the Notification

of Groundwater Sources Regulations, as the case may be.

(1) There shall be paid to the Authority, upon the submittal

to it of an application mentioned in regulation 3(1), a non-

refundable fee of fifty euro (€50).

(2) An application shall not be deemed to be valid unless and

until the relative fee mentioned in sub-regulation (1) has been paid.

(3) If there is more than one person seeking to be included as a

user of a groundwater source, with regard to a groundwater source

,which has been registered or notified in accordance with the

Registration of Groundwater Sources Regulations, 1997 * , or with

the Notification of Groundwater Sources Regulations, as the case

may be, only one application shall be required to be submitted to

the Authority and only one fee shall be due with respect to such an

application.

(1)

The approval by the Authority of an application made

*These Regulations have been transposed to Cap 549. See S.L. 549.168. See Act XVII

of 2024.

†Revoked by Legal Notice 255 of 2008.

USERS OF GROUNDWATER SOURCES (APPLICATION)

by a person to be registered as a user of a groundwater source in

terms of these regulations, does not in any way give any right to

any person or to any user, to draw water from such source, or to

dispose of any material, whether liquid or solid, in such source, or

to keep open such source, and the Authority may at any time order

any person or user to close such groundwater source,

notwithstanding that the relative fee has been paid in accordance

with these regulations.

(2) If the Authority refuses an application or orders any person

or user to close a groundwater source, the fee paid in respect of

such an application shall not be refunded.

The approval by the Authority of an application for a

person to be registered as a user of a groundwater source in

a c c o r d a n ce w i t h t h e se r e g u l a t i o n s d o e s n o t i n a n y m a n n e r

whatsoever prejudice any rights or claims which third parties may

have over such source and such approval shall not be construed as

conferring or creating any right on the property wherein the

groundwater source is situated, or of any presumption in such

person’s favour.

(1) Any person who submits incorrect, incomplete or false

information in the application made to the Authority, shall be guilty

of an offence and shall be liable to a fine (multa) of not less than

nine thousand and three hundred euro (€9,300) but not exceeding

eighteen thousand and six hundred euro (€18,600).

(2) Such fine shall be payable within such period of time as the

Court in passing sentence shall direct.

(3) Such fine shall be without prejudice to any other

punishment for which that person would be liable under any other

law or regulation.