GROUNDWATER ABSTRACTION (METERING) [ S.L.549.166 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.
(1)The title of these regulations is the Groundwater Abstraction (Metering) Regulations. Citation and purpose.
(2)The purpose of these regulations is the metering of groundwater abstraction. 2.
(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; Interpretation. Amended by: L.N. 59 of 2012; L.N. 70 of 2013; XVII.2024.44. Cap. 549. "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: Cap. 355. 1 2 [ S.L.549.166 GROUNDWATER ABSTRACTION (METERING) 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; S.L. 545.14 "public water distribution network" shall have the meaning as it has in the Water Supply and Sewerage Services Regulations; S.L. 545.03 "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. GROUNDWATER ABSTRACTION (METERING) 3. [ S.L.549.166 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 Metering of groundwater sources. Amended by: XVII.2024.45. (
- 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 S.L. 423.12 (
- 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; Cap. 445. (
- 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. 4. 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 Transitory provisions with respect to meter installations. 3 4 [ S.L.549.166 GROUNDWATER ABSTRACTION (METERING) Contractors appointed for the installation of meters. 5. 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. Installation of meters. 6.
(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 GROUNDWATER ABSTRACTION (METERING) [ S.L.549.166 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. 7.
(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. Tampering with meter, seals and locks.
(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. 8.
(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; Procedure for installation of meters. 5 6 [ S.L.549.166 (
- d)qualitative and quantitative status of the groundwater body and any measures pursuant to the requirements of the Water Policy Framework Regulations. S.L. 423.20 Meter reading and inspection of meters, seals and locks. GROUNDWATER ABSTRACTION (METERING) 9.
(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. Meter installation and metering fees. 10. 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. Failure to pay fees. 11. 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. Meter readings. 12.
(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 GROUNDWATER ABSTRACTION (METERING) [ S.L.549.166 7 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. 13.
(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. Estimations in the case where meter is found to be defective or tampered with. 8 [ S.L.549.166 Application for temporary suspension of metering. GROUNDWATER ABSTRACTION (METERING) 14.
(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 GROUNDWATER ABSTRACTION (METERING) [ S.L.549.166 9 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. 15.
(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: Application for closure, sealing and decommissioning of a groundwater source. 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. 16. 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. No vested rights to abstract groundwater. 17.
(1)The Authority shall order the closure of any domestic groundwater source, with the sole exception of domestic groundwater sources: Powers of the Authority. Amended by: L.N. 59 of 2012; L.N. 70 of 2013. (
- a)to which no pump or other mechanical device is installed or used to abstract water from such groundwater source; or 10 [ S.L.549.166 S.L. 545.03 Cap. 445. Cap. 549. GROUNDWATER ABSTRACTION (METERING) (
- 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 GROUNDWATER ABSTRACTION (METERING) [ S.L.549.166 11 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. 18. 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: Non-liability and compensation incurred by the Authority. (
- 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. 19.
(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. Enforcement powers. 12 [ S.L.549.166 Administrative fines. GROUNDWATER ABSTRACTION (METERING) 20.
(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. Offences and penalties. Cap.
- 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. Commencement of proceedings.
- 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. GROUNDWATER ABSTRACTION (METERING) [ S.L.549.166 13 SCHEDULE [Regulations 10, 12
(3), 14
(1), 15
(1)] Fees No. Type Fee 1 Meter installation fee with respect to each groundwater source - Regulation 10 € 765 2 Metering fee: for every period of one year and in respect of each groundwater source metered under these regulations - Regulation 10 € 143 per annum 3 Application to the Corporation for testing of meter Regulation 12
(3)€ 50 4 Application to the Corporation for temporary suspension of metering - Regulation 14
(1)€ 100 5 Application to the Authority for closure, sealing and decommissioning of a groundwater source - Regulation 15
(1)€ 50