GROUNDWATER ABSTRACTION (METERING) REGULATIONS

SUBSIDIARY LEGISLATION 549.166

GROUNDWATER ABSTRACTION (METERING)

REGULATIONS

27th April, 2010

LEGAL NOTICE 241 of 2010, as amended by Legal Notices 59 of 2012

and 70 of 2013 and Act XVII of 2024.

(1) The title of these regulations is the Groundwater

Abstraction (Metering) Regulations.

(2) The purpose of these regulations is the metering of

groundwater abstraction.

[Regulations 10, 12(3), 14(1), 15(1)]

Fees

No.

Type

1 Meter installation fee with respect to each groundwater

source - Regulation 10

2 Metering fee: for every period of one year and in respect

of each groundwater source metered under these

regulations - Regulation 10

3 Application to the Corporation for testing of meter -

Regulation 12(3)

4 Application to the Corporation for temporary suspension

of metering - Regulation 14(1)

5 Application to the Authority for closure, sealing and

decommissioning of a groundwater source - Regulation

15(1)

(1) Unless otherwise stated in these regulations, the

definitions in the Act shall apply.

(2) For the purpose of these regulations and unless the context

otherwise requires

"the Act" means the Environment Protection Act;

"aquifer" means a subsurface layer or layers of rock or other

geological strata of sufficient porosity and permeability to allow

either a significant flow of groundwater or the abstraction of

significant quantities of groundwater;

"the Authority" means the Environment and Resources Authority

established by article 6 of the Act;

"body of groundwater" means a distinct volume of groundwater

within an aquifer or aquifers;

"contractor" means any person contracted by the Authority to

carry out any task required under these regulations;

"the Corporation" m eans the Water Services Corporation

established by the Water Services Corporation Act;

"domestic garden" means a garden that is not bigger than 1000

s qu a r e m e t r e s a n d t ha t i s u s e d so le ly in c on n e c t i on wi th a

residential tenement whose produce is not sold;

"domestic groundwater source" means any groundwater source

which is located in a residential tenement and where the

groundwater abstracted is used or stated by the user to be used for

one or more of the following purposes

(a) household purposes; and, or

(b) swimming pools; and, or

(c) for irrigation of a domestic garden; and, or

(d) watering of animals kept as pets but this does not

include dairies, piggeries, poultry or rabbit farms or

any other intensive or commercial agricultural uses

which shall be considered as commercial uses and

shall be metered in accordance with the provisions of

these regulations

Provided that when a groundwater source is used for any of

the above purposes within a domestic garden bigger than 1000

square metres, than such a source shall not be considered as being a

domestic groundwater source. The aforementioned 1000 square

metres shall be calculated solely within the footprint of the land

wherein the domestic groundwater source is located and shall

include only ground containing soft-landscape materials;

"domestic purposes by the user’s household" means the use of

any groundwater source which is located in a residential tenement

and where the groundwater abstracted is used for household

purposes, or for the irrigation of a garden which is not bigger than

one thousand square metres (1000m 2 ), or for watering of animals

kept as pets;

"groundwater" means all water which is below the surface of the

ground in the saturation zone and in direct contact with the ground

or subsoil;

"groundwater source" means any shaft, adit, opening, hole,

spring outlet or well artificially dug in the ground or artificially

e n l a rg e d , w h i c h h a s a c c e s s t o g r o u n d w a t e r o r f r o m w h i c h

groundwater is extracted or can be extracted or which is vertically

deeper than half the distance between the well head and the nearest

water table at that point, but it does not include a water retaining

cistern;

"the Minister" means the Minister responsible for resources;

"officer" includes any person engaged by, detailed for duty with,

or in any manner whatsoever performing duties for or on behalf of

the Authority or the Corporation as the case may be;

"perched aquifer" means an unconfined groundwater body

sustained in the upper coralline limestone by an underlying layer of

clay;

"public water distribution network" shall have the meaning as it

has in the Water Supply and Sewerage Services Regulations;

"residential tenement" shall have the meaning as it has under the

Water Supply Regulations;

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

interconnected openings within the geological formation are

completely filled with water;

"soft-landscape materials" means each layer of the ecological

sequence including aquatic plants, semi-aquatic plants, field layer

plants (including grasses and herbaceous plants), shrubs and trees;

"user" means the person who, solely or jointly with others, has

the effective control of use over the land in which a groundwater

source is situated, and for the purposes of these regulations

effective control of use shall mean the occupancy of the land in

question;

"wellhead" means any apparatus, equipment and engineering

works required by the Authority around and adjacent to a

groundwater source for the protection of the groundwater source

from pollution and includes the casing of the groundwater source.

All groundwater sources -

(a) which were dug or enlarged prior to the year 1955

Provided that only those groundwater sources which,

in terms of records possessed by the Authority are

shown to have been dug or enlarged prior to the year

1955 are to be considered by the Authority as to have

been so dug or enlarged; or

(b) which have been validly registered as a groundwater

source in terms of the Ground Water Sources

(Registration) Regulations, 1997 * ; or

(c) which have been validly notified as a groundwater

source to the Authority in terms of the Notification of

Groundwater Sources Regulations; or

(d) which were in use or constructed prior to 2nd February

2001and which are used by the Corporation,

shall be metered by the Corporation or by its delegated contractor,

and in a manner as directed by the Authority

Provided that the Authority may permit a groundwater

source to be exempted from metering

(a) if no pump or other mechanical device is installed or

used to abstract groundwater from such groundwater

source; or

(b) if it is proved by the user to be a cultural property

under the Cultural Heritage Act;

(c) if it is declared as such by the user that the source is

used solely for domestic purposes by the user’s

household and where the abstraction yield from such

source does not exceed one cubic metre per day and

the source abstracts groundwater from the perched

aquifer

Provided that the abstraction yield of such

groundwater source shall be verified and determined

by the Authority following a pump test carried out by

the Authority or its delegated contractor in the form

and manner that the Authority may establish

Provided further that with respect to groundwater sources

operated by the Corporation, the Authority may accept existing

metering arrangements in place at the time of entry into force of

these regulations.

For a transitory period of twelve months starting from the

date of entry into force of these regulations, the Authority may

temporarily permit unmetered abstraction from groundwater

sources referred to in regulation 3 on the basis of prioritisation

considerations for the metering of such groundwater sources in

compliance with regulation 8.

*Revoked by Legal Notice 255 of 2008 - S.L. 423.12

Both the Authority and the Corporation may appoint a

contractor or contractors to carry out any of the works referred to in

these regulations, including works related to the installation of

meters and other associated works, meter reading and billing on its

behalf, by any means, in relation to the abstraction of water from a

groundwater source.

(1) Meters shall be provided and fixed by the Corporation

or by its contractor and these shall be installed at the expense of the

user, in such part of the site where the groundwater source is

situated and the Corporation may consider necessary and expedient

and in accordance with such specifications and technical

requirements established by the Authority

Provided that with regards to such works and to the

installation of the meter, the Corporation shall not undertake to

restore floors, wall surfaces or any decorations which may be

interfered with in the execution of such works and installation of

meter.

(2) The user of the groundwater source shall be responsible to

carry out such preparatory works necessary and shall comply with

s u c h di r e c t i on s an d i nst r uc ti o ns a n d w i th i n su c h s p e c if i e d

timeframes that the Corporation may give to enable the installation

of the meter to be carried out in accordance with such

specifications and technical requirements established by the

Authority.

(3) The preparatory works for meter installation referred to in

sub-regulation (2) shall include, but not necessarily be limited to,

civil engineering works that may be required by the Corporation for

the construction of the wellhead and for the protection of the

wellhead and such works shall be certified by a Perit as being

carried out in accordance with such specifications and technical

requirements established by the Authority.

(4) Where any person denies access to a groundwater source to

the Corporation, or cannot, or fails to comply with its instructions

or directions to enable the installation of a meter in accordance

with such precautions, specifications, technical requirements or

timeframes that may be established for such purpose, the

Corporation shall inform the Authority who may then order the

closure, sealing and decommissioning of such groundwater source

at the expense of the user, and in accordance with the specifications

and technical requirements that it may establish for such purpose,

and in addition such person shall be guilty of an offence and shall,

on conviction, be liable to

(a) imprisonment for not more than eighteen months or to

a fine (multa) of not less than ten thousand euro and

not more than fifty thousand euro; or

(b) to a fine (multa) of not more than one thousand three

hundred euro for each day during which the offence

persists

Provided that the costs incurred by both the Authority and

the Corporation associated with the closure, sealing and

decommissioning of the groundwater source shall be recovered

from the user of the source.

(5) Meters shall be installed and the pipe connections and

wellhead shall be sealed and locked in a manner as determined by

the Corporation.

(6) Meters shall remain the property of the Corporation and any

repairs required to a meter provided by the Corporation are to be

carried out, or caused to be carried out, by the Corporation or by its

contractor.

(1) The carrying out of any work of whatever nature which

in any manner whatsoever causes alteration, breakage or tampering

of the meter, seals or locks to a wellhead or meters installed by the

Corporation is prohibited, unless such work is authorised by the

Authority either through a general authorisation or through a

specific authorisation and such work shall be carried out in

accordance with such guidelines and specifications as the Authority

may establish.

(2) Any person shall be guilty of an offence if the seals or locks

of a meter are altered, broken or tampered or if the meter is

bypassed or if any damage is caused to the meter, wilfully or by

neglect, or if any fittings are installed or altered in such a manner

that the meter does not accurately measure the quantity of water

abstracted from the groundwater source, and shall on conviction be

liable to

(a) imprisonment for not more than eighteen months or to

a fine (multa) of not less than ten thousand euro and

not more than fifty thousand euro; or

(b) to a fine (multa) of not more than one thousand three

hundred euro for each day during which the offence

persists

Provided that in any case the Authority may order the

closure, sealing and decommissioning of the groundwater source at

the expense of the user and in accordance with the specifications

and technical requirements that it may establish for such purpose

and the costs incurred by the Authority and, or the Corporation

associated with the closure, sealing and decommissioning of the

groundwater source shall be recovered from the user of the source.

(1) The Authority shall determine the prioritisation and the

order by which groundwater sources are to be metered.

(2) The prioritisation for the installation of the meters of

abstraction sources may be based on

(a) hydrogeological characteristics of groundwater bodies

and regional considerations of locations of

groundwater sources;

(b) declared use of abstraction;

(c) likely water demand obtained from a groundwater

source;

(d) qualitative and quantitative status of the groundwater

body and any measures pursuant to the requirements of

the Water Policy Framework Regulations.

(1) The Corporation shall determine its own procedure for

metering groundwater sources and meters may be read, inspected

or examined by the Corporation or its delegated contractor or when

directed by the Authority.

(2)

Where -

(a) a user, after receiving reasonable notice, fails to

provide access or prevents an officer of the

Corporation from reading a meter; or

(b) a meter or a seal or lock to the meter is tampered with

in any manner whatsoever; or

(c) any seal or lock is found to be tampered or broken; or

(d) a user hinders or obstructs such reading, or causes

such tampering or damage to the meter, seal or lock,

the Corporation shall cause an assessment of water abstraction to

be made, at its discretion, on the basis of any of the options

provided under regulation 13

Provided that this shall be without prejudice to any other

liability incurred or to be incurred by the user or any other person

who refuses admission to the officer of the Corporation

Provided further that in any such case the proper

adjustment of the groundwater source’s user account in respect of

the consumption shall be made when the meters are eventually

read.

The fee for a meter installation and the annual metering fee

shall be payable to the Corporation in accordance with the fees as

set in terms of the Schedule.

If any amount due to the Corporation under these

regulations is for any cause not paid within forty-five days from the

date specified in the bill requesting payment of such amount, there

shall run an interest on such amount at the maximum rate per

annum and pro rata permitted by law for every day which passes

after the said forty-five days up to the date the payment is effected,

and the Corporation shall inform the Authority, which may order

the closure, sealing and decommissioning of the groundwater

source at the expense of the user. If the meter is not removed the

annual metering fee shall continue to be due

Provided that if the meter has not yet been installed and the

groundwater source is closed, sealed and decommissioned as

aforementioned, no such meter installation fee and interest shall be

due.

(1) The Corporation may at any time cause a test of a

meter to be carried out, if it has sufficient justification and, or if it

is so directed by the Authority.

(2)

Meters shall, on application by the user, be tested by the

Corporation and the user may be present at the test. The results of

the test shall be binding both on the user and on the Corporation,

and the volume of water abstracted 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.

(3) An application fee for testing the water meter shall be

charged in accordance with the Schedule

Provided that this fee shall be reimbursed if after testing,

the meter is found to be incorrect beyond six per centum (6%) of

actual volume of water tested.

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

shall be given in writing to the user by the Corporation 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

user at his request

Provided that the Authority may allow a groundwater

source to be temporarily unmetered until a new meter is installed.

(1) The volume of water abstracted in respect of the

period between the date of the reading immediately preceding the

reading in relation to which the meter is found to be defective or

tampered with, and the date of the installation of a new meter or the

date of repair of the defective meter, as the case may be, shall be

estimated in accordance with sub-regulation (2).

(2)

Where -

(a) upon testing a meter is found to be incorrect beyond

six per centum (6%) of the volume of water tested;

(b) a meter has been removed for repair; or

(c) a meter was, or any associated fittings were, installed

or altered so that the meter does not accurately

measure the quantity of water abstracted,

the Corporation may estimate the quantity of water abstracted by

reference to the average daily rate of water abstraction

(i)

during the corresponding period of the last

preceding year; or

(ii) during the period between the two readings

immediately preceding the reading in relation to

which the meter was found to be defective or

removed or found inaccurate; or

(iii) 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

Authority.

(3) Special readings of meters may be taken at any time as may

be agreed between the user and the Corporation.

(1) Whenever the user of a metered groundwater source

referred to in regulation 3 intends to carry out any maintenance

work on a pump or other mechanical device and, or any work on

any other connection or equipment used to abstract water from a

metered groundwater source and which pump or mechanical device

and, or connection or equipment is inaccessible due to the presence

of the seals or locks provided and installed by the Corporation in

accordance with regulation 6, such user shall submit an application

in writing to the Corporation for the temporary suspension of

metering, for its approval, in the form and manner as the

Corporation may decide and such application shall be accompanied

by an application fee as established in the Schedule

Provided that no works shall be carried out until approval

for such works is obtained in writing from the Corporation and in

a c c o rd a n c e wi th s uch c on di t io ns th a t t h e C or p or a t io n m a y

prescribe and such guidelines and specifications as the Authority

may establish.

(2) Any person who carries out any such works referred to in

sub-regulation (1) or causes such work to be carried out, without

the prior approval of the Corporation, shall be guilty of an offence

and shall, on conviction, be liable to

(a) imprisonment for not more than eighteen months, or to

a fine (multa) of not less than ten thousand euro and

not more than fifty thousand euro; or

(b) to a fine (multa) of not more than one thousand three

hundred euro for each day during which the offence

persists.

(3) The Corporation shall, on granting an approval for

temporary suspension of metering, specify

(a) the date when the temporary suspension of metering

enters into effect and the date when the temporary

suspension of metering ceases to have effect; and

(b) any other condition that the Corporation may consider

necessary.

(4) The Corporation may seal the groundwater source and any

connections to the source for the period it establishes for temporary

suspension of metering in accordance with the specifications and

technical precautions that the Authority may establish and deem fit.

(5) The user of a groundwater source shall be found guilty of

an offence if, wilfully or by neglect

(a) the seals or locks are altered, broken or tampered;

(b) if any damage is caused to the seals, locks or

connections, or if any fittings are installed or altered

during the period of temporary suspension of

metering,

and such user shall on conviction be liable to

(i)

imprisonment for not more than eighteen

months, or to a fine (multa) of not less than ten

thousand euro and not more than fifty thousand

euro; or

(ii) to a fine (multa) of not more than one thousand

three hundred euro for each day during which

the offence persists.

(6) Any works carried out in connection with the removal of

any seals to a meter or sealing of a groundwater source shall be

carried out by the Corporation or its contractor.

(1) When the user of a groundwater source intends to

close, seal and decommission a groundwater source, he shall

submit an application in writing to the Authority for its approval in

the form and manner as the Authority may require and together

with this application there shall be paid an application fee as

established in the Schedule

Provided that no works to close, seal and decommission a

groundwater source shall be carried out until the approval for such

works is obtained in writing from the Authority.

(2) Any person who carries out any such works referred to in

sub-regulation (1) or causes such works to be carried out, without

the prior approval of the Authority, shall be guilty of an offence

and shall, on conviction be liable to

(a) imprisonment for not more than eighteen months, or to

a fine (multa) of not less than ten thousand euro and

not more than fifty thousand euro; or

(b) to a fine (multa) of not more than one thousand three

hundred euro for each day during which the offence

persists.

(3) Any works carried out in terms of sub-regulation (1) shall

be carried out at the expense of the user and shall be carried out

under the supervision of the Corporation or its contractor

Provided that the user shall not be relieved of his liability

for the payment of any annual metering fee due, until the date of

closure, sealing and decommissioning of such groundwater source.

(4) The costs incurred by the Authority and, or the Corporation

associated with the supervision of the sealing and decommissioning

of groundwater sources shall be recovered from the user of the

source to be sealed and decommissioned.

Any meter installed to a groundwater source may be

removed at any time by the Authority, and no person shall, through

the installation of a meter in terms of these regulations or through

an exemption from the installation of such meter at a groundwater

source, purport or be deemed to have acquired any vested rights to

abstract groundwater from such a groundwater source.

(1) The Authority shall order the closure of any domestic

groundwater source, with the sole exception of domestic

groundwater sources

(a) to which no pump or other mechanical device is

installed or used to abstract water from such

groundwater source; or

(b) located within a residential tenement which cannot be

supplied by a constant supply of water by the

Corporation, in accordance with the Water Supply

Regulations, solely because the public water

distribution network is located more than 50 metres

from the nearest point of the residential tenement; or

(c) that is proved by the user of such groundwater source

as being a cultural property under the Cultural

Heritage Act or is proved to lie within scheduled

property as referred to in the Environment Protection

Act; or

(d) which is declared by the user by means of an affidavit

sworn before a Commissioner of Oaths and is proved

by such user by means of unequivocal, documented

proof submitted to the Authority as being a source

(i)

which is used solely for domestic purposes by

the user’s household; and

(ii) where the abstraction yield from such

groundwater source does not exceed one cubic

metre per day; and

(iii) the water abstracted from the groundwater

source is from the perched aquifer.

The proof to be submitted to the Authority by the user

shall be required ad validitatem.

(2) The closure, sealing and decommissioning of a

groundwater source referred to in sub-regulation (1) shall be

carried out at the expense of the user and in accordance with the

specifications and technical requirements that the Authority may

establish, and any costs incurred by the Authority associated with

the closure, sealing and decommissioning of the groundwater

source shall be at the expense of the user of such groundwater

source who shall reimburse the Authority within sixty (60) days

from the date of the closure, sealing and decommissioning of the

groundwater source. The user of a groundwater source shall close,

seal and decommission the groundwater source within sixty (60)

days from the date of a decision by the Authority ordering such

closure.

(3) The Authority may at any time order the closure, sealing

and decom mission ing o f a g roun dwater source o r li mit the

abstraction of groundwater from any groundwater source if, in the

opinion of the Authority, it is necessary to restrict the abstraction of

groundwater for any reason whatsoever, and may for such purpose

plug any outlets or connections and seal such outlets or connections

as it may consider necessary

Provided that the user shall not be relieved from the

payment of any metering fee and any other fees due until the date

of closure, sealing and decommissioning of such groundwater

source

Provided further that the groundwater source shall be

closed, sealed and decommissioned at the expense of the user and

in accordance with the specifications and technical requirements

that the Authority may establish and any costs incurred by the

Authority associated with the closure, sealing and

decommissioning of the groundwater source shall be recovered

from the user of such groundwater source.

(4) If any person fails to close a groundwater source in

accordance with the Authority’s order issued under this regulation and,

or abstracts or uses water in contravention of a prohibition or

limitation imposed by any order, condition or instruction issued by

the Authority or if any person abstracts or uses water otherwise

than in accordance with any condition, order or restriction so

imposed, such person shall be guilty of an offence under these

regulations and shall on conviction be liable to

(a) imprisonment for not more than eighteen months, or to

a fine (multa) of not less than ten thousand euro and

not more than fifty thousand euro; or

(b) to a fine (multa) of not more than one thousand three

hundred euro for each day during which the offence

persists

Provided that the Authority may order the closure, sealing

and decommissioning of the groundwater source at the expense of

the user and in accordance with the specifications and technical

requirements that it may establish for such purpose and the costs

incurred by the Authority or the Corporation associated with the

closure, sealing and decommissioning of the groundwater source

shall be recovered from the user of such source.

(5) The Authority may issue directives or make decisions to

ensure compliance with these regulations.

The Authority shall not be liable for any loss or damage

nor shall it pay any compensation to any person for any loss or

damage

(a) sustained by any person by reason of anything done in

pursuance of the metering of any groundwater source;

(b) for the closure, sealing and decommissioning of any

groundwater source;

(c) for anything done in pursuance of limiting or

prohibiting groundwater abstraction;

(d) for any act of commission or omission of the Authority

in pursuance of the discharge of its functions under

these regulations.

(1) Any officer or employee of the Corporation or of the

Authority duly authorised may, at all reasonable times, enter any

premises in which a groundwater source is located to ensure

compliance with these regulations.

(2) For the purposes of any action taken under these

regulations, the Authority may request the assistance of the

Commissioner of Police, who shall for such purpose exercise such

powers as are vested in him by law in relation to the investigation

of criminal offences.

(1) The Authority may impose an administrative fine upon

any person who infringes any provision of these regulations or who

fails to comply with any directive or decision given by the

Authority in ensuring compliance with these regulations.

(2) An administrative fine imposed under sub-regulation (1)

shall not be less than one thousand five hundred euro and shall not

exceed one hundred thousand euro for each contravention and, or

six hundred euro for each day of non-compliance, from the date of

the decision adopted by the Authority.

The punishments provided in these regulations shall apply

in the case of an offence committed under these regulations, unless

the fact constitutes a more serious offence under the Criminal Code

or any other law, in which case the provisions contained in the

Code or any other law shall apply.

Notwithstanding any other law, proceedings for an offence

against these regulations may be commenced at any time within six

years from the commission of the offence.