L.S. 549.164 Regolamenti dwar in-Notifika ta’ Sorsi ta’ l-Ilma ta’ taħt l-Art Dawn ir-regolamenti ġew trasferiti taħt il-Kap. 549 permezz tal-Att XVI

(1)requires: Interpretation. Amended by: L.N. 460 of 2011; XVII.2024.

1. Cap.
2. In these regulations, unless the context otherwise "Act" means the Environment Protection Act; "the Authority" means the Environment and Resources Authority established by article 6 of the Act; "coastal aquifer" means an unconfined groundwater body sustained in the upper coralline limestone by an underlying layer of clay and bounded by the freshwater-saltwater interface at the coast; "effective control of use" shall mean the user ’s exercise of control over the groundwater source in question; "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" or "source" means any shaft, adit, opening, hole, spring outlet or well artificially dug in the ground or artificially enlarged, which has access to groundwater or from which groundw at er is abstracted or can be abstracted or 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; "mean sea level aquifer" means an unconfined groundwater body located at sea-level and bounded laterally by the coast and vertically by the freshwater-saltwater interface; "notification fee" means the fee paid in respect of the application for a notification of a groundwater source in accordance with these regulations; "officer" means and includes any person engaged by, detailed for duty with, or in any manner whatsoever performing duties for or on behalf of the Authority; "perched aquifer" means an unconfined groundwater body sustained in the upper coralline limestone by an underlying layer of clay; "registration fee" means the fee paid in respect of the registration of a groundwater source in accordance with the Registration of Groundwater Sources Regulations, 1997 *; 2 [ S.L.423.12 NOTIFICATION OF GROUNDWATER SOURCES "user" means the person who, solely or jointly with others, exercises effective control and use over the groundwater source in question.

(2)The definitions in the Act shall also be applicable to these regulations, unless the context requires otherwise. Notification of a groundwater source. Amended by: L.N. 274 of 2008; L.N. 204 of 2009; L.N. 460 of 2011; XVII.2024.38. 3.

(1)Any groundwater source which has not been registered in accordance with the Registration of Groundwater Sources Regulations, 1997*, shall be notified to the Authority by all users of such groundwater source until the 20th November, 2008.

(2)The applicant for the notification of a groundwater source shall provide all the necessary information and documentation as required in the application form for notification provided by the Authority, and shall include all the details and satisfy all the requirements therein.

(3)The form indicated in sub-regulation

(2)thereof may be collected from any place which the Authority may designate or may be downloaded from the Authority’s website.

(4)A groundwater source registered with the Water Services Corporation under the Registration of Groundwater Sources Regulations, 1997 * after the 3rd of September 1997 shall be deemed to have been notified under these regulations. Notifications to the Authority after the 20th November, 2008. Added by: L.N. 460 of 2011. Amended by: XVII.2024.39. 3A.

(1)Notwithstanding any other provision of these regulations, a groundwater source which falls under one of the following categories: (

1. a)a groundwater source 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 (
2. b)a shaft wider than three

(3)feet in diameter located in the surface catchment area of a perched aquifer or a coastal aquifer and used to draw water from above the blue clay formation; or (c) a shaft wider than three

(3)feet in diameter located in the surface catchment area of a mean sea level aquifer which does not exceed 50 metres in depth, may be notified to the Authority after the 20th November, 2008 by all users of such groundwater source by means of the application form as provided by the Authority: Provided that in the case of the groundwater sources referred to in paragraphs (b) and (c), the applicant shall present proof of the existence of the groundwater source before the year 1992. *Revoked by these regulations. *Revoked by these regulations. NOTIFICATION OF GROUNDWATER SOURCES [ S.L.549.164 3

(2)The Authority shall publish a notice in the Gazette, containing the details of any applications validly received in terms of this regulation. A groundwater source shall not be deemed to be notified until the issue of a decision by the Authority. If the application for the notification of a groundwater source is refused by the Authority, the applicant shall close the groundwater source in accordance with the directions of the Authority. 4.

(1)There shall be paid to the Authority, upon the application for the notification of a groundwater source, a nonrefundable notification fee of two hundred and fifty euro (€250). Notification fee. Amended by: L.N. 204 of 2009 L.N. 460 of 2011.

(2)A groundwater source shall not be deemed to have been notified for the purposes of these regulations unless and until the relative notification fee has been paid.

(3)If a groundwater source is used by more than one person, only one notification for such groundwater source shall be required to be submitted to the Authority and one notification fee shall be due with respect to such groundwater source. 5. The Authority may designate any of its officers thereof or any other person acting on its behalf to carry out duties in connection with, or arising from, these regulations. Execution of duties. 6.

(1)The notification of a groundwater source in terms of these regulations does not in any way give any right to any person notifying a groundwater source in terms of these regulations, 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 such person or user to close such groundwater source, notwithstanding that such source has been notified and the notification fee paid in accordance with these regulations. Rights of use.

(2)If the Authority orders any person or user to close a groundwater source, the registration fee or the notification fee which would have been paid in respect of such source shall not be refunded.

(3)The provisions of this regulation shall mutatis mutandis apply to any user or groundwater source registered in terms of the Registration of Groundwater Sources Regulations, 1997*. 7. The notification of a groundwater source made by any user in terms of these regulations shall in no way prejudice any rights or claims which third parties may have over such source. Claims not prejudiced. 8.

(1)Any user of a groundwater source who fails to notify the Authority within the period established in regulation 3 or submits incorrect, incomplete or false information in the notification form, 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) and to the confiscation of the equipment used in the same groundwater source. Offences and penalties.

(2)Such fine shall be payable within period of time as the 4 [ S.L.423.12 NOTIFICATION OF GROUNDWATER SOURCES Court in passing sentence shall direct.

(3)Such fine and confiscation of equipment shall be without prejudice to any other punishmnet for which the user would be liable under any other law or regulation. NOTIFICATION OF GROUNDWATER SOURCES SCHEDULE (Regulation 3) Repealed by Act XVII.2024.40. [ S.L.549.164 5