WATER SUPPLY REGULATIONS

SUBSIDIARY LEGISLATION 545.03

WATER SUPPLY REGULATIONS

16th March, 1948

GOVERNMENT NOTICE 133 of 1948, as amended by Government

Notices 352, 512 and 752 of 1948, and 172 of 1957; and Legal Notices 89

of 1959, 29 of 1963, 14 of 1969, 100 of 1972, 68 of 1974, 46 and 91 of

1975, 101 of 1979, 48 of 1980, 6, 45 and 84 of 1981, 7, 28 and 39 of 1983,

15 and 56 of 1985, 60 of 1988 and 53 of 1990; Act XXIII of 1991; and

Legal Notices 105 of 1994, 142 of 1997, 58 of 1999, 426 of 2007, 331 of

2008, 36 of 2010, 102 and 426 of 2012, 109 of 2014, 108 of 2015, 210 of

2017 and 243 of 2022.

The title of these regulations is the Water Supply

Regulations.

L.N. 6 of 1981.

[Regulation 12]

Substituted by

L.N. 105 of 1994.

L.N. 142 of 1997.

Substituted by

L.N. 58 of 1999;

L.N. 426 of 2007;

L.N. 331 of 2008.

L.N. 36 of 2010;

L.N. 102 of 2012;

L.N. 109 of 2014.

Substituted by

L.N. 243 of 2022.

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

WATER SUPPLY

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.

(1) In these regulations, unless the context otherwise

requires, the following expressions shall have the meanings

respectively assigned to them

"Chief Executive" means the Chief Executive of the Corporation;

"communication" or "service" means the pipes and other fittings

from which the main pipe lead to and up to the meter and shall

include any apparatus intended for the registration of consumption

of water enabling the transfer of data through a network, primarily

for monitoring and billing purposes;

"constant supply" means a supply of water which is made to a

tenement by means of a pipe connected with the water works so as

to allow of water being at any time drawn from the taps or other

outlets connected with such pipe;

"consumer" means the person or body to whom or on whose

account water is supplied by the Corporation;

"Corporation" means the Water Services Corporation established

under article 3 of the Water Services Corporation Act;

"highly polished reclaimed water" means treated wastewater

which is treated to tertiary standards using any combination of

ultra-filtration, reverse osmosis, activated charcoal and advanced

oxidation processes so as to comply with the relevant quality

standards and requirements established by the Superintendent of

Public Health and any other competent authority established at law

as may be applicable;

"highly polished reclaimed water distribution system" means all

underground and above ground systems of mains, pipes,

reticulation, distribution and trunk mains, pipelines, pumps,

boosters, meters, valves, reservoirs, water tanks and ancillary

fittings, which are used for the transfer and distribution of highly

polished reclaimed water;

"holding unit" means the unit of contiguous agricultural land

held by the consumer supplied with highly polished reclaimed

water and which is used solely for agricultural purposes;

"non-potable water" means water excluding water intended for

human consumption as defined under the Water Intended for Human

Consumption Regulations and not including highly polished reclaimed

water;

"office" means the Head Office of the Corporation;

"person residing in the tenement" has the meaning assigned to it

in regulation 14;

"preferential tariff" means that tariff for a supply to a residential

tenement which is less than the other;

"primary residence" means the dwelling house in which an

individual habitually resides as his sole or principal place of abode,

whether in Malta or elsewhere, as may be established by

documentary evidence

Provided that such a dwelling house shall not be

considered as primary residence if the property is also

predominantly used for commercial or manufacturing purposes or

for any form of trade or profession;

"residential or domestic tenement" shall have the same meaning

in accordance with regulation 12;

"sea craft" includes floating tanks for the supply of water to any

sea vessel;

"secondary residence" means any immovable property used

solely for residential purposes, other than that residence which

serves as an individual’s primary residence;

"sewage" means domestic sewage and, or wastewater or the mixture

of domestic sewage and, or wastewater with industrial sewage and, or

wastewater and, or run-off rain water;

"supply to a residential or domestic tenement" means a supply of

water made to a tenement to meet the domestic requirements of the

person or persons residing in the tenement;

"taking over" means the commencement of occupation by an

owner, a tenant or other occupier of a tenement, or by the proprietor

of an industrial or commercial establishment, served with a

constant supply;

"tenement" includes any part of a tenement provided with a

constant supply, normally metered separately, and it may be either

a residential or domestic tenement or a non-residential tenement.

(2) The meanings set out in article 2 of the Water Services

Corporation Act shall be applicable in these regulations, unless the

context requires otherwise.

Added by

L.N. 6 of 1981.

[Regulation 12]

Amended by

L.N. 60 of 1988;

L.N. 53 of 1990;

L.N. 105 of 1994;

L.N. 142 of 1997.

Substituted by

L.N. 58 of 1999;

L.N. 426 of 2007;

L.N. 331 of 2008;

Amended by

L.N. 36 of 2010.

L.N. 108 of 2015.

Substituted by

L.N. 243 of 2022.

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 tariffs

(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

WATER SUPPLY

(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.

WATER SUPPLY

Workmen of the Corporation shall be provided with a pass

countersigned by the Chief Executive, and they shall, if so

required, produce it before they are given admission to any

tenement.

Added by

L.N. 36 of 2010.

[Regulation 12]

Amended by

L.N. 109 of 2014.

Substituted by

L.N. 243 of 2022.

Applications for the supply of water shall be made on a

form obtainable from the office and shall be addressed to the Chief

Executive.

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

(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.

(1) Services shall be provided and laid by the Corporation,

a t t h e ex p e n s e o f t h e a p p l i c a n t , a n d i n s uc h m a n n e r a s t h e

Corporation may deem necessary or expedient in accordance with

those policies established by it

Provided that any repairs or alterations to a service shall be

at the expense of the Corporation

Provided also that, with regard to those works which are

carried out within the boundaries of a tenement, the Corporation

shall not undertake to restore ornamental floors, wall surfaces or

any other decorations which may be unavoidably interfered with in

the execution of such works.

(2) The fee which is to be collected by the Corporation as

payment for the provision and laying of the service shall be as

follows

when one communication is made for a

residential supply .....................................

€345

when one communication is made for any

other supply .............................................

€760

Provided that, where the service is longer than seven

metres, the Corporation shall charge an additional sum of €23.29

for every metre, or part thereof, by which the service is longer than

seven metres

Provided further that, for the purpose of measurement,

where the main pipe lies in the road in front of the tenement, it

shall be deemed to lie in the middle of the road.

(3) No work on the service shall be commenced before the

Corporation shall have received the total fee due to it for such

service as indicated in sub-regulation (2).

(4) Houses, apartments, flats, factories, hotels, commercial

outlets, offices, and any other buildings which are physically

internally interconnected shall be provided with only one service

unless otherwise authorised by the Chief Executive.

(5) Whenever works to be carried out by the Corporation,

whether for the installation of a service, or whether so requested by

any person, necessitate the deviation of the main pipe, the person

requesting such works shall bear all the costs in relation to such

works

Provided that no work shall be commenced before the

Corporation shall have received half of the estimated amount due to

it for such works.

Added by

L.N. 210 of 2017.

[Regulation 16]

Substituted by

L.N. 243 of 2022.

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 five hundred

cubic meter (2,500 m 3 ) per 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 five thousand

cubic meter (5,000 m 3 ) per 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

WATER SUPPLY

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

0.51 – 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

2. Methodology for the Calculation of Tariffs for Highly Polished Reclaimed

(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

(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

WATER SUPPLY

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.

It is not permitted that any person performs any work, of

whatever nature, on a service or in any manner whatsoever tampers

with the service, unless authorised by the Corporation to do so.

Before any of the works specified in regulation 5 are

undertaken by the Corporation or before water is supplied to any

consumer or at any time thereafter, the Chief Executive may,

without prejudice to the provisions of regulation 30, require such

applicant or consumer to deposit at the office a sum of money to be

fixed by the Chief Executive as a security for the regular payment

of all amounts that may become due to the Corporation in

connection with the works required by the applicant or, as the case

may be, with the supply of water to that consumer. Without

prejudice to the generality of the aforesaid powers, the Chief

Executive may require such a deposit to be made when a consumer

is or has been in arrears in the payment of water dues for two

consecutive accounts in respect of the same tenement.

A deposit made under regulation 7 in respect of the supply

of water shall be refundable to the depositor on his ceasing to be a

consumer, provided that all sums due to the Corporation in respect

of the supply of water to that consumer have been paid.

In lieu of requiring a deposit to be made as provided in

regulation 7, the Chief Executive may require a consumer to

produce an undertaking by a third party acceptable to the Chief

Executive, who will hold himself bound jointly and severally with

the consumer in respect of the regular payment of all amounts that

may become due to the Corporation in connection with the supply

of water to that consumer.

Any person who owns or administers or has under his

control any tenement provided with a constant supply of water from

the water works shall, on letting such tenement for longer than one

quarter to any other person not permanently resident in these

Islands, give notice thereof in writing to the Corporation stating the

full name and any available particulars of the tenant and the agreed

period of the tenancy; and so long as such notice is not given or if

the information given is not correct, the lessor shall, without

prejudice to the provisions of regulation 11, be liable jointly and

severally with the lessee for any debt incurred by the latter on

account of the tenement and of water supply to that tenement. The

written acknowledgement of the Corporation shall be necessary to

prove that the lessor has given the notice aforesaid.

Where a tenement provided with a constant supply of water

from the water works is let to any person, either expressly or

tacitly, by the week, by the month or for not more than one quarter,

or when the tenement, being let for more than one quarter, is in fact

occupied by the tenant for less than one quarter, the person who

owns or administers or has under his control such tenement shall be

liable jointly and severally with the lessee for any debt incurred by

the latter on account of meter rent and of water supply to that

tenement.

(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.

(4) Notwithstanding the provisions of any other law, the Chief

Executive shall, at any time and in his discretion, having regard to

the provisions of these regulations, determine whether a Service is

to be deemed a Residential Premises Service or a non-Residential

Premises Service or a Domestic Premises Service for the purposes

of these regulations.

(5) For the purposes of these regulations a consumer shall be

entitled to submit an application requesting that a Service to an

individual unit of residence, used solely and regularly as private

dwellings, as may be confirmed by documentary evidence, be

registered as a Domestic Premises Service

Provided that the Service to the common parts of a

condominium consisting entirely of premises used exclusively for

residential purposes may also be submitted for registration as a

Domestic Premises Service

Provided further that, unless otherwise authorised by the

Chief Executive, for good and sufficient cause, a consumer shall

only be entitled to register as a Domestic Premises Service, a

Service to one Primary Residence, a Service to one Secondary

Residence and a Service to one Garage which does not exceed 30

square meters in area and is used exclusively for private, non-

commercial purposes

Provided further that in the case of uninhabited premises

intended for residential use, the Corporation may allow such a

service to be registered as a Domestic Premises Service for a period

of up to twelve months.

(6) For the purposes of these regulations, a consumer shall be

entitled to submit an application requesting the Chief Executive to

register individuals having their primary residence in Malta on a

Residential Premises Service in relation to such primary residence

Provided that no one individual shall be registered on more

than one Residential Premises Service at the same time and that no

individual will be registered on a garage or on the common parts of

a condominium.

(7) For the purposes of these regulations, a Service which is

not registered as a Domestic Premises Service or a Residential

Premises Service in terms of this regulation or a Service which has

not been submitted for registration as a Domestic Premises Service

or a Residential Premises Service in terms of this regulation, shall

be considered a non-Residential Premises Service, unless otherwise

determined by the Chief Executive.

(8) The following provisions shall apply with respect to the

registration of persons on a Domestic Premises Service or on a

Residential Premises Service

(a) a consumer shall furnish in writing to the Corporation,

within such time as may be stipulated by the

Corporation, any information together with any

supporting documents which may be required for the

purpose of such registration;

(b) a consumer shall notify the Corporation in writing of

any change in the circumstances, on the basis of which

such registration is made, not later than one month

from when such change occurs;

(c) any change in the number of persons registered on a

Domestic Premises Service or on a Residential

Premises Service shall be taken into account, for the

purpose of such registration, from the date of the first

normal meter reading following the date on which the

change in the number of persons occurs or the date on

which the Corporation is notified in writing of such a

change, at the discretion of the Corporation;

(d) a person residing in a tenement may apply to the

Corporation so that he shall be registered on a

tenement as a Domestic Premises Service other than

that in which he resides;

(e) any application shall be made in such form as may be

issued by the Corporation from time to time;

(f)

every arrangement made in terms of this sub-

regulation shall be valid until the 31st December of the

year in which it was made or for which it was renewed,

and it shall be deemed to have been renewed for the

next following year, unless the consumer, not later

than the last day of November of the year in which the

arrangement is in force, gives notice in writing to the

Corporation that he does not want the said

arrangement to be so renewed.

(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.

(Deleted by Legal Notice 331 of 2008).

(1) For the purposes of these regulations a person residing

in the tenement is a person who in accordance with such records as

may be in the possession of the Corporation, lives in the premises

as his principal permanent residence.

(2) Where the Corporation issues a bill indicating a

preferential tariff in respect of a number of persons as residing in

the premises and the consumer alleges that the number of persons

for whom a preferential tariff is given is less than the number of

persons actually so residing, such consumer may prove such

allegation to the Corporation by the production of one or more

legally valid identification documents issued under the Identity

Card and other Identity Documents Act, and, in the case of persons

under the age prescribed in the said Act, by the production of a

certificate by the Director (Social Security) that children’s

allowances in respect of persons residing at such premises are

being paid, by the said Director, or in both cases by the production

of such proof that the Corporation may deem sufficient; and in the

absence of such proof a person shall not be deemed to be residing at

such premises and a preferential tariff shall not be due in his

respect.

The Corporation may, on demand, supply non-potable

water which shall be charged for as follows

Purpose

Rate

(a) Agricultural ...............................

€0.093 per 1 m 3

(b) Industrial ...................................

€0.093 per 1 m 3

(c) Building or other ........................

€0.932 per 1 m 3

Provided that this charge does not include the charge due

for carrying and, or distributing such water.

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

Provided that, the charges and tariffs for the supply of

highly polished reclaimed water shall be in accordance with the

conditions established by the Regulator for Energy and Water

Services in the approval of such charges and tariffs

Provided further that, the Corporation shall, in its internal

accounting system, keep accounts for the production, supply and

distribution of highly polished reclaimed water, which are separate

from the accounts for the production, supply and distribution of water

and for the collection and treatment of sewage, such as to ensure that

the costs of the production, supply and distribution of highly polished

reclaimed water may be ascertained, and that there is no cross-

subsidisation between such activities and the activities of the

production, supply and distribution of water and the collection and

treatment of sewage.

The Corporation may, on demand, supply distilled water

which shall be charged for at the rate of €5.125 per 1 m 3 for sea

craft or air craft and €2.562 per 1 m 3 , for other commercial or for

industrial purposes. Arrangements for the transportation thereof

will have to be made by the consumer.

All constant supplies shall be measured by a meter,

provided that the Corporation may allow temporarily unmetered

supplies to be made to any tenement.

Without prejudice to regulation 5, meters shall be provided

and fixed by the Corporation at the expense of the applicant, in

such part of the tenement and with such precaution as the

Corporation may deem fit. Such meters shall remain the property of

the Corporation. Keys of meter boxes or recesses shall be supplied

to consumers against payment on application

Provided that the Corporation may, whenever it so requires,

install a single main meter on the outside of a multiple tenanted

prem ises, an d install indiv idual and separate meters to the

respective tenements situated thereat

Provided further that in such cases the Corporation shall

not be responsible for the communication between the main meter

and the individual meters, nor for any damages arising between the

two meters or further than the main meter, and it shall have the

right to request payment for any unaccounted difference in water

consumption registered between the main and individual meters by

billing the difference to the individual meters.

Meters shall be sealed by the Corporation and the

consumer shall be held responsible should the seals be found

broken or tampered with at any time.

The service charge shall be as indicated in the schedules.

(1) Meters shall, on application by the consumer, be tested

by the Corporation. The consumer or his agent may be present at

the test. The test shall be binding both on the consumer and on the

Corporation, and the consumption of water from the date of the last

reading of the meter to the date of the test, or of the removal of the

meter for the purpose of the test, shall be calculated in accordance

with the result of such test and charged for accordingly.

(2) If a meter, on being tested, shall be found correct up to a

limit of six per centum (6%) more, a fee of eleven euro and sixty-

five cents (€11.65) shall be charged to the consumer if the meter is

found incorrect beyond the limit above stated.

(1) Meters may be read or examined by the officials of the

Corporation whenever required by the Chief Executive.

(2) Where a consumer, after receiving reasonable notice fails

to afford facilities to an officer of the Corporation for the reading

of the meters, the Chief Executive, saving any other liability

incurred by the consumer or other person who refuses admission to

the official of the Corporation, or hinders or obstructs such reading,

shall cause an assessment of the consumption to be made, at his

discretion, on the basis of any of the options provided under

regulation 25 and the consumer shall be charged accordingly

Provided that in any such case the proper adjustment of the

consumer’s account in respect of the consumption shall be made

when the meters are eventually read.

When a meter is found to be out of order, notice of the fact

shall be given in writing to the consumer and the meter shall be

replaced by another meter. A record of the reading of the new meter

at the time of its installation shall be given to the consumer at his

request, provided that the Corporation may allow a temporary

unmetered supply to be made until the new meter is installed.

(1) The consumption of water in respect of the period

between the reading immediately preceding the reading in relation

to which the meter is found to be defective and the installation of a

new meter or the repair of the defective meter, as the case may be,

shall be reckoned, as the Chief Executive may direct, either in

accordance with sub-regulation (2) or in accordance with sub-

regulation (3).

(2) Where the Chief Executive directs that the consumption

referred to in sub-regulation (1) is to be reckoned in accordance

with this sub-regulation, such consumption shall be reckoned, at

the discretion of the Chief Executive, on the basis of the average

daily rate of consumption -

(a) during the corresponding period of the last preceding

year; or

(b) during the period between the two readings

immediately preceding the reading in relation to which

the meter was found to be defective; or

(c) during the period between the date of the installation

of the new meter or of the repair of the defective

meter, as the case may be, and a subsequent date to be

determined by the Chief Executive.

(3) Where the Chief Executive directs that the consumption

referred to in sub-regulation (1) is to be reckoned in accordance

with this sub-regulation, such consumption shall be reckoned on

the basis of the average daily rate of consumption during the period

from the date of the installation of the meter found to be defective

or the date on which the consumer became accountable in respect

of the premises, whichever is the later, and the last day on which in

the opinion of the Chief Executive the meter was in working order

Provided that in the case of a consumer who has changed

residence, where the Chief Executive directs that the consumption

is to be reckoned in accordance with this sub-regulation, the

average daily rate of consumption in respect of the corresponding

period of the last preceding year at the place in respect of which

such consu mer was last accountable prior to the change of

residence shall be the basis on which consumption shall be

reckoned.

Special readings of meters may be taken at any time as

agreed between the consumer and the Corporation.

Accounts shall be made for such period or periods as the

Chief Executive may determine either generally or with respect to

any one or more consumers or classes of consumers and shall be

posted to the address to which they refer, unless arrangements are

made for their delivery at any other address.

Consumers will be furnished with a record of every reading

of the meter, showing the consumption of water since the last

preceding reading.

Bills shall be rounded up or down to the nearest cent.

If any amount due to the Corporation under these

regulations is for any cause not paid within fifteen days from the

date specified in the bill requesting payment of such amount or if

any deposit is not made when required in terms of regulation 7,

there shall run interest on such amount or deposit at the rate of 9%

per annum for every day which passes after the said fifteen days up

to the date when payment is effected, and the water supply may be

discontinued, and the service may be removed until the amount is

paid or the deposit made. If the service is not removed, the service

charge shall continue to be due

Provided that any interest due shall be remitted if such

amount or deposit is paid within forty-five days of the date

specified in the bill.

When subsequently payment is effected or the deposit is

made, the Corporation shall not be bound to restore the supply and,

if necessary, replace the service, on the date of payment or of the

making of a deposit.

The water supply may also be discontinued if the seals of a

meter fixed in a tenement are tampered with, or if any damage is

caused to any part of the service, wilfully or by neglect. In every

such case, the consumer shall be responsible for any such damage.

The Corporation may at any time cut off or limit the

domestic supply of water to any tenement if, in the opinion of the

said Corporation, such water is being used for other purposes or it

is necessary to restrict the general consumption of water, and may

for the purpose plug any outlets as it considers necessary.

The Corporation may at any time cut off or limit the supply

of water for use in gardens and garages and may for the purpose

plug any outlets as it considers necessary.

A fee of sixty-nine euro and eighty-eight cents (€69.88) in

each case shall be charged to consumers for cutting off the supply

under regulation 30 or for restoring supply or for removal of meter

or for re-installing meter.

(1) A consumer shall not be relieved of his liability for the

payment of the service charge and water consumption rates due

unless and until he has given notice in writing to the Corporation of

his intention to discontinue the use of water service from such a

future date as shall be stated by him and has paid any amount that

may be due by him under these regulations.

(2) In every such case the Corporation may cause the supply of

water to be discontinued from the date mentioned in the notice.

No person shall -

(a) take any water from a standpipe when the house or

premises in which he is actually living has main water

laid on; or

(b) without the previous permission in writing of the

Manager, make use of a constant supply or of a

domestic supply for purposes of irrigation; or

(c) convey to his tenement or elsewhere water drawn from

a standpipe in quantities exceeding forty litres at any

one time.

No notice shall be taken of complaints on any matter dealt

with under these regulations, unless they are made or addressed to

the Chief Executive.

Whenever it is found that any tampering with or damage to

the communication has been made, or that a person is availing of

un m e te r e d w a t e r f r o m a n y p i pe or f i t ti n g be lo n g i ng t o t h e

Corporation, the Corporation shall request the consumer, owner or

occupier of the premises as the case may be, to pay damages to it in

an amount of not less than one thousand and five hundred euro

(€1,500).

The preferential tariff shall apply only where a bill is

issued upon an actual reading taken either by the Corporation or by

the consumer himself and submitted to the corporation.

A consumer who supplies, or allows the supply of, water

passing through his meter to a tenement other than that for which

the supply was intended, renders himself liable to have the supply

to his tenement discontinued for such period as may be determined

by the Chief Executive

Provided that the provision of this regulation shall not

apply when the first mentioned tenement consists of a private

garage, and either -

(a) it is adjacent to the residential premises occupied by

such consumer, whether it has direct access from such

premises or not, or

(b) it is within the precincts or on the same grounds of the

residential premises of such consumer,

and, moreover, the garage is made use of by the said consumer and

no other person has a right, on payment, to make use of the same

garage.

The Chief Executive may, in special cases and for a

specified period, on a request made by a consumer, allow the

supply of water through such consumer’s meter to one or more

tenements other than that for which the supply may have been

registered.

(1) Subject to the provisions of regulation 44, consumers

shall at all reasonable times allow access to their premises to

officials of the Corporation, and to any person engaged on its

behalf, for the purposes of -

(a) reading, testing, removing or replacing the meter or

any apparatus installed thereupon; or

(b) inspecting, removing, altering or replacing any other

portion of the service,

(c) installing, inspecting, testing, replacing, removing or

doing any other work as may be deemed necessary by

the Corporation on any apparatus intended for the

registration of consumption of water or enabling two-

way transfer of data through a network, primarily for

monitoring and billing purposes, or any related works.

(2)

Any person who, without reasonable excuse -

(a) refuses to admit into any premises occupied by him an

official of the Corporation who seeks admission

thereto for the purpose of doing anything which he is

authorized or required to do under these regulations;

or

(b) hinders or obstructs any official of the Corporation in

the performance of his duties,

shall be guilty of an offence against these regulations.

(1) Prior to installing or doing any other work relating to

the apparatus mentioned in regulation 43(1)(c) on the premises of a

consumer, the Corporation shall notify in writing the consumer of

the date of the appointment when such work shall be undertaken by

the Corporation at the premises of the consumer

Provided that in notifying an appointment, the Corporation

shall endeavour to provide the consumer with an approximate

indication of the time of the appointment.

(2) A notification of an appointment shall be communicated to

the consumer at least four working days prior to the date proposed

for the undertaking of the said works and shall clearly state the

purpose of the appointment providing the consumer with contact

details to communicate with a Corporation representative in case of

queries.

(3) The consumer may request the Corporation to reschedule

any such appointment

Provided that such a rescheduled appointment shall be held

within a period of fifteen working days from the date of the

appointment originally notified by the Corporation to the

consumer

Provided further that the consumer shall, under pain of

nullity, communicate his request for a rescheduling at least two

working days before the scheduled day for the appointment

communicated to him by the Corporation.

(4) The consumer may request a rescheduling of the

appointment beyond the period of fifteen working days if he

provides the Corporation with written documentation which

demonstrates that the consumer shall not be able to be present

within such a period due to any of the following reasons

(a) his ill-health conditions or those relating to a close

family member;

(b) the death of a close family member;

(c) travel reasons;

(d) jury service;

(e) at the discretion of the Chief Executive

Provided that in no instance may the consumer request a

rescheduling beyond the period of sixty working days from the date

of the original appointment.

(5) Where the consumer requests the Corporation to reschedule

an appointment in any of the following instances

(a) between 8.00 a.m. and 4.00 p.m. on any day from

Monday to Friday, not being a public holiday, and not

beyond the period of fifteen working days of the first

scheduled visit, the Corporation shall not issue any

charges;

(b) between 4.00 pm and 8.00 pm on any day from

Monday to Friday not being a public holiday, or

between 8.00 am and 4.00 pm on a Saturday, as long as

the appointment is not beyond the period of fifteen

working days of the first scheduled visit, the

Corporation may issue a charge equivalent to an after

hours fee of €10; and, or

(c) between 8.00 a.m. to 4.00 pm on a Sunday or a public

holiday, or beyond the period of fifteen working days

of the first notified visit, the Corporation may issue a

charge equivalent to an after hours fee of €25.

(6) The consumer shall be refunded any after hours fee paid to

the Corporation for an appointment held in accordance with this

regulation if the consumer requested rescheduling because of any

of the following

(a) performance of jury service;

(b) a court summons;

(c) travel abroad;

(d) a previously scheduled medical appointment, whether

of the consumer or of a close family member who

needs to be accompanied by the consumer;

(e) where the consumer is undergoing medical treatment

or a close family member is undergoing medical

treatment which necessitates the presence of the

consumer; or

(f)

at the discretion of the Chief Executive

Provided that in any of the instances listed in this sub-

regulation, the Corporation may require the consumer to furnish

proof as it may reasonably require to substantiate the reason why

the consumer is requesting a rescheduling of the appointment.

(7) Without prejudice to the provisions of this regulation, an

appointment scheduled in accordance with this regulation which is

not honored by the consumer shall, for the purposes of these

regulations, be considered to be an unsuccessful scheduled visit.

The water supply may be suspended if access to any

premises for the purposes stated in regulation 43 and 44 or if access

is refused or rendered difficult or impossible or if a consumer does

not comply with the requirements of regulation 5 to be compliant to

that regulation

Provided that for the purposes of this regulation, access

shall be deemed to have been refused, if the Corporation, or its

representatives, for any reason whatsoever, are not afforded access

to premises in terms of regulations 44 and 45, notwithstanding their

reasonable efforts to notify the consumer or the occupant of the

premises of their requirement to enter the premises.

(1) The Corporation shall meter the supply of highly

polished reclaimed water by meters provided by the Corporation.

(2) Regulations 19, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32,

34, 35, 36, 38, 39, 41, 42, 43, 44 and 45 shall mutatis mutandis apply

with respect to the supply and metering of highly polished reclaimed

water.

WATER SUPPLY