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. 6Installation of meters.

In KraftAmtlicher Text

(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 such directions and instructions and within such specified 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 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.