USERS OF GROUNDWATER SOURCES (APPLICATION) [ S.L.549.168 SUBSIDIARY LEGISLATION 549.168 USERS OF GROUNDWATER SOURCES (APPLICATION) REGULATIONS 20th August, 2010 LEGAL NOTICE 395 of 2010, as amended by Act XVII of
- The title of these regulations is the Users of Groundwater Sources (Application) Regulations. Citation.
- Unless the context requires otherwise, the definitions in the Environment Protection Act and the Notification of Groundwater Sources Regulations shall apply. Interpretation. Substituted by: XVII.2024.
- 3.
(1)Any user of a groundwater source which has been validly registered in accordance with the Registration of Groundwater Sources Regulations, 1997 * or with the Notification of Groundwater Sources Regulations, and who is not registered or notified as a user in the records of the Authority, may apply with the Authority in such form and manner as requested by the Authority to have such records updated and to be included as a user of such groundwater source. Application. Cap. 549. S.L. 423.12. S.L. 423.12
(2)The Authority shall establish its procedure for the purposes of determining an application mentioned in sub-regulation
(1).
(3)The Authority shall always and at all times have the right to add or remove any data or information contained in its records with regard to any registration or notification of a groundwater source registered or notified in accordance with the Registration of Groundwater Sources Regulations, 1997 * , or with the Notification of Groundwater Sources Regulations, as the case may be. 4.
(1)There shall be paid to the Authority, upon the submittal to it of an application mentioned in regulation 3
(1), a nonrefundable fee of fifty euro (€50). S.L. 423.12 Application fee.
(2)An application shall not be deemed to be valid unless and until the relative fee mentioned in sub-regulation
(1)has been paid.
(3)If there is more than one person seeking to be included as a user of a groundwater source, with regard to a groundwater source ,which has been registered or notified in accordance with the Registration of Groundwater Sources Regulations, 1997 * , or with the Notification of Groundwater Sources Regulations, as the case may be, only one application shall be required to be submitted to the Authority and only one fee shall be due with respect to such an application. 5.
(1)The approval by the Authority of an application made by a person to be registered as a user of a groundwater source in *Revoked by Legal Notice 255 of 2008. S.L. 423.12 Rights of use. 1 2 [ S.L.549.168 USERS OF GROUNDWATER SOURCES (APPLICATION) terms of these regulations, does not in any way give any right to any person 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 any person or user to close such groundwater source, notwithstanding that the relative fee has been paid in accordance with these regulations.
(2)If the Authority refuses an application or orders any person or user to close a groundwater source, the fee paid in respect of such an application shall not be refunded. Rights not prejudiced. 6. The approval by the Authority of an application for a person to be registered as a user of a groundwater source in a c c o r d a n ce w i t h t h e se r e g u l a t i o n s d o e s n o t i n a n y m a n n e r whatsoever prejudice any rights or claims which third parties may have over such source and such approval shall not be construed as conferring or creating any right on the property wherein the groundwater source is situated, or of any presumption in such person’s favour. Offences. 7.
(1)Any person who submits incorrect, incomplete or false information in the application made to the Authority, 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).
(2)Such fine shall be payable within such period of time as the Court in passing sentence shall direct.
(3)Such fine shall be without prejudice to any other punishment for which that person would be liable under any other law or regulation.