GROUNDWATER (PROHIBITION OF DISCHARGE TO GROUNDWATER BODIES) REGULATIONS

GROUNDWATER (PROHIBITION OF DISCHARGE TO

GROUNDWATER BODIES)

SUBSIDIARY LEGISLATION 549.155

GROUNDWATER (PROHIBITION OF DISCHARGE

TO GROUNDWATER BODIES) REGULATIONS

11th April, 2023

LEGAL NOTICE 81 of 2023.

(1)

The title of these regulations is the Groundwater

(Prohibition of Discharge to Groundwater Bodies) Regulations.

(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.

In these regulations, unless the context otherwise

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;

GROUNDWATER (PROHIBITION OF DISCHARGE TO

GROUNDWATER BODIES)

"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

GROUNDWATER (PROHIBITION OF DISCHARGE TO

GROUNDWATER BODIES)

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 prior authorisation has been obtained, shall not

constitute an offence.

(1)

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

Criminal Code shall apply mutatis mutandis to proceedings in respect

of offences against these regulations, sohowever

that

the

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

regulations.