Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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S.L. 549.166 · Groundwater Abstraction (Metering) (S.L. 549.166)

S.L. 549.166 Art. 14Application for temporary suspension of metering.

In KraftAmtlicher Text

(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 accordance with such conditions that the Corporation may 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.