S.L. 549.166 Art. 17Powers of the Authority.

(1) The Authority shall order the closure of any domestic groundwater source, with the sole exception of domestic groundwater sources:

(a) to which no pump or other mechanical device is installed or used to abstract water from such groundwater source; or

(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 decommissioning of a groundwater source or limit 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 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.