S.L. 423.32 Art. 6Moratorium of borehole drilling.

(1) For a minimum period of twelve months from the date of entry into force of these regulations or until such further period of time as the Authority may subsequently decide, the Authority shall not accept or process any application for the drilling of any borehole or excavation works to be carried out within the saturated zone and the Authority shall not issue any permit for such purposes.

(2) The provisions of sub-regulation (1) shall not apply to the following:

(a) any borehole constructed for the purposes of the installation of an earth electrode within the saturated zone;

(b) any borehole constructed for site investigation purposes within the saturated zone;

(c) any borehole or excavation works carried out for the purposes of the construction of foundations to buildings or for the purposes of other engineering works, and where such borehole or excavation works lie partly or totally within the saturated zone;

(d) any seawell; and

(e) any borehole to be drilled in replacement of an irretrievably collapsed borehole which was duly notified or registered with the Authority as a groundwater source used for agricultural purposes under the Registration of Groundwater Sources

Regulations, 1997, or under the Notification of

Groundwater Sources Regulations.

Such replacement borehole is to be drilled within the same "reference parcel" (as defined under the Single

Payment Scheme Regulations) as the irretrievably collapsed borehole: Provided that such borehole shall be certified to be "irretrievably collapsed" by means of a signed declaration of a and be declared to be so Perit "irretrievably collapsed" by means of a declaration under oath of the user of the irretrievably collapsed groundwater source.

(3) Any person when drilling a sea-well shall:

(a) if the sea-well is located at a distance of not more than 50m from the nearest point along the coastline construct a casing for the sea-well for a minimum depth of 10 meters below sea-level; or

(b) if the sea-well is located at a distance of between 50 and 100m from the nearest point along the coastline construct a casing to the sea-well for a minimum depth of 25 meters below sea-level; or

(c) if the sea-well is located at a distance of between one hundred metres and one hundred and fifty metres from the nearest point along the coastline construct a casing to the sea-well for a minimum depth of fifty metres below sea-level; or

(d) if the sea-well is tapping a saline groundwater body which is not in direct physical contact with any freshwater groundwater body, construct a casing along the seawell from the surface to a minimum depth of six metres below the blue clay - globigerina limestone interface.

(4) Upon drilling a sea-well, the person who has applied with the Authority for a permit for the drilling of a sea-well in terms of regulation 5(1) shall immediately ensure that appropriate water quality tests which establish the electrical conductivity of the water extracted from the seawell are carried out by an accredited laboratory and that such results are forthwith submitted to the Authority. Such water quality tests shall also be carried out by the user of the sea-well on a regular basis, as directed by the Authority. Where, in terms of such water quality tests, the electrical conductivity of such water results to be less than 50,000 μS/cm, the user of the sea-well shall immediately inform the Authority of the quality of the water extracted and shall cease to extract water from such seawell for such period of time as the Authority may decide.

(5) The Authority may at any time, order the cessation of abstraction of water from a source and, or order the closure of a seawell, when the Authority determines that the extraction of water from any seawell which can have a negative impact on the quantitative and, or the qualitative status of a fresh-water groundwater body.