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Maltese Laws |
WATER SERVICES CORPORATION ACT
To provide for the establishment of a body corporate to be known as the Water Services Corporation, and for the exercise and performance by or on behalf of the Corporation of functions related to the acquisition, transformation, manufacture, distribution and sale of potable and non-potable water, and, as appropriate, to the treatment and disposal or re-use of sewage and waste water, and re-use of stormwater run-off, to provide for the transfer to the Corporation of certain installations, equipment or other property, and to make provision in respect of matters ancillary thereto or connected therewith.
20th January, 1992
1st August, 1992
1st September, 1997
1st December, 1997
1st October, 2003
ACT XXIII of 1991 as amended by Legal Notice 129 of 1992; Acts XV of 1995, XVI of 1997, XXV of 2000 and XXVII of 2007; and Legal Notices 425 of 2007 and 42 of 2010.
ARRANGEMENT OF ACT
PART I. PART II. | Preliminary C onstitution, Functions and C o mposition of the Wa ter | Articles 1-2 |
Services Corporation | 3-22 | |
PART III. | Financial Provisions | 23-31 |
PART IV. | Transfer to the Corporation of Government Undertakings | 32-35 |
PART V. | Officers and Other Employees of the Corporation | 36-40 |
PART VI. | Contracts and Power to Acquire or Dispose of Property | 41-42 |
PART VII. | Miscellaneous Provisions | 43-53 |
SCHEDULE
PART I
Short title. 1. The short title of this Act is the Water Services Corporation
Act.
Interpretation. Amended by: XXVII. 2007.27.
"apparatus" includes vehicles, all machines, devices and fittings used in the pumping, desalination, treatment or transport
of water and waste water;
"appointed day", in relation to the provisions of Part IV of this Act, means the day or days on which article 32 comes into
force* with respect to such public undertakings as may be transferred by
virtue of that article;
"Board" means the Boar d of the Cor poration establi s h e d by article 5;
"Chairman", "Deputy Chairman" and "Mem ber" m ean the Chairman, the Deputy Ch airman and a member of
the B o ard respectively;
"Chief Executive" means the Chief Executive of the Corporation appointed in accordance with article 5(5);
"cistern" means any reservoir, tank (excluding roof tank), pond, or other receptacle, used or intended to be used for collecting
or st orin g wat e r, w h et her sit u at ed or co nst r uct e d abo v e or bel o w ground, covered or uncovered;
"collecting area" means that surface or area of lands, roads, sites, or buildings, the rain falling upon which causes or
contributes to any stream or deposit of surface water;
"conduit" means any channel, ditch, gutter, pipe or aqueduct, m a de or intended for the conv eyance of water which is
to be collected, stored, or in any way utilized;
"consumer" m e an s t h e person or body corp orate to wh om services are rendered by the Corporation;
"Corporation" means the Water Services Corporation established by this Act;
"director" means a director of the Corporation under this Act;
"domestic sewage" means the contents of lavatories and water which has been used for cooking or washing, and other waste
water ordinarily removed from domestic premises, but does not include surface water rem oved from bu ildings and from land occupied
with, and appurtenant to, the building, nor any waste water other than the contents of lavatories and other water used for personal
hygiene and similar purposes, removed from trade premises, or from any laundry;
"domestic supply" means a supply of water made to a tenement to meet the ordinary and reasonable requirements of the domestic
*20th January, 1992 - see Legal Notice 7 of 1992.
life of the person or persons residing in the tenement;
"financial year" means the period of twelve months ending on the thirty first day of December;
"irrigation area" means any area so declared by order of the
Minister responsible for agriculture;
"gallery" means an underground passage made in searching for a spring, or for collecting the waters of a spring or through
which the waters of a spring may flow fro m one point to another, in the context of groundwater exploitation;
"licence" means any permit or authority given in writing by the
Corporation mentioned in article 44 hereof;
"mains" means a pipe laid for the purpose of giving a general supply of water as distinct from a supply to individual consumers
and includes any apparatus in connection with such pipe;
"Minister" means the Minister responsible for water and includes any person authorised by such Minister in that behalf;
"officer" and "other employees" in relation to the Corporation include any public officer detailed for duty with
the Corporation;
"person" includes any body of persons or any body corporate established by the law;
"pub lic officer" has the same m eaning as is assigned to it in article 126 of the Constitution;
"public undertaking" means any undertaking or installation, and any apparatus, instrument, device or plant and all things
accessory or ancillary thereto which, immediately before the appointed day*,
were vested in or belonged to the Government by whatever title and we re operated by it for the purposes of producing, stor ing and
distributing water or collecting and disposing or treating of sewage,
waste water or stormwater run-off;
"premises" includ es lan d s, bu ild ing s , hou ses and an y o t her structure whatsoever;
"prescribed" means prescribed by regulations, rules or orders made under or kept in force by this Act;
"sea-craft" includes floating tanks for the supply of water to any sea vessels;
"service" means a conduit made for the purpose of conveying water from the water works to any tenement, for the exclusive
use of the owner or occupier thereof, or for any use or purpose within the same tenement;
"spring" means water existing or flowing naturally underground, continually or from time to time, whether the said water
escapes or flows on the surface or not;
"sto rmwater run - of f " shall incl ude r a i n water whi c h i s no t absorbed by the ground or which does not evaporate
and which is
*20th January, 1992 - see Legal Notice 7 of 1992.
not collected in cisterns;
" t enement" includes any part of a tenement p r ov id ed w i t h a constant supply, normally metered separately;
"trade effluent" means any liquid (either with or without particles of matter in suspension or dissolved in it) other than
surface water and domestic sewage, which is discharged from premises used for carrying on any commercial or industrial activity;
"trade premises" means any land or building, used partly or in whole for the purpose of undertaking any commercial or industrial
act i vi ty. For th e pu rp ose of th is defin i t i on , i t al so m e ans any premises wholly or mainly used (w hether for profit
or not) for agriculture or horticultural purposes or for scientific research or experiment;
"watercourse" means any ditch, valley, ravine, gutter, channel or pipe, through or along which s p ring or surface-water
flows continually or from time to time;
"water f ittings" includes pipes other than mains, taps, cocks, valves, ferrules, meters, cisterns, baths, water closets,
and other similar apparatus used in connection with the supply and use of water;
"water pump" means any mechanical device for the purpose of raising, boosting and/or circulating water from any source or
place whats o ever; and a water pump s h all be deemed to have been installed on a site when its component parts have been assembled
as to be reasonably deemed to be in a condition to raise, boost, and/ or c i rcu l at e w a te r from a ny sou r ce or p l ac e wha
t so eve r a n d "installation" shall be construed accordingly;
"water resources" means water which for the time being is: (a) contained in any mains or service;
(b) inland water as is situated therein such as ponds or
reservoirs; and
(c) any underground strata, including water for the time being contained in a well, borehole or similar work or in any excavation
into underground strata where the level of water in the excavation depends wholly or mainly on water entering it from those
strata;
"waterworks" means all collecting areas, co nduits (except all such conduits as are "services" within the meaning
of this Act), cisterns, wells, galleries, dams, weirs, machines, pumps, valves, sluices, and other appliances which are used or intended
to be used for obtaining, pumping, raisi ng, collecting, processing, desalination, polishing, storing or conveying water which
is to be supplied or distributed; and includes those works in which water is received or contained or by which water is conveyed,
supplied or distributed;
"wholes ome water" means water the quality of which is in accordance with standards set by the Department of Health in the
light of circumstances prevailing at the time.
(2) Any reference in this Act to regulations, rules or orders made under this Act shall include a reference to regulations,
rules or orders kept in force by this Act.
PART II
(2) Subject to the provisions of this Act and to any requirement provided under any other law, the Corporation may -
(a) to acquire, produce, keep, distribute, sell, export or otherwise dispose of water for domestic, commercial, industrial or
other purposes;
(b) to conserve, augment and operate water resources and sources of water supply;
(c) to undertake and perform such other functions relating to water conservation, supply and distribution as it may deem appropriate;
(d) to provide for the treatment and for the disposal or re- use, as appropriate, of sewage and waste water;
(e) to provide as appropriate for the use of stormwater run-off from urban and rural areas;
(f) to generate new forms and services of revenue, even if not directly or indirectly related to the use of water for domestic, commercial,
industrial or other purposes.
(3) Subject to the provisions of this Act, and to any requirement provided under any other law, it shall be the
duty of the Corporation -
(a) to develop, maintain and promote a safe and efficient production and distribution system in order to satisfy, as economically
as possible, all reasonable demands for water;
(b) to determine the short-term and long-term objectives of the Corporation in relation to water supply, disposal and re-use and to
develop the necessary strategy and policies to reach these objectives;
(c) (i) to provide, improve and extend such a system of public sewers and to cleanse and maintain these sewers so as to ensure
that the drainage system operates and continues to operate safely and effectively;
(ii) to make provisions for the operation of these sewers and such further provisions as are necessary from
time to time for effectively dealing with the contents of these sewers by means of sewage treatment and disposal works
Establishment and functions of the Water Services Corporation. Amended by:
XXV. 2000.36; XXVII. 2007.28.
or otherwise;
(d) to have regard in performing its duty under this subarticle of the need to provide for the treatment and disposal or
otherwise of trade effluent;
(e) to promote the proper disposal of waste water and stormwater run-off;
(f) to advise the Minister on any matter relating to any of its functions under this Act;
(g) to manage and operate all undertakings and other installations and all property, transferred to and vested in the Corporation
by virtue of this Act or otherwise acquired by the Board for the purposes of any of its functions;
(h) to hold and administer and, if and when it thinks fit, to realise any assets it may hold from time to time;
(i) to promote the reasonable use of water and encourage the conservation and appropriate re-use of water resources;
(j) to carry out tests relating to water fittings for the purpose of preventing the waste, undue consumption, misuse,
erroneous measurement or contamination of water;
(k) to provide training courses and other schemes in connection with the furthering of the science and technology
of water management;
(l) to collaborate with other local organisations in placing and coordinating services including water purification, electrical
power, telecommunications, road services, agriculture and industry; and
(m) to promote and undertake alone or in collaboration with other institutions, the research and development of new technology
and new ideas in the production and treatment of water, in distribution and disposal networks, water desalination
and polishing, sewage treatment disposal and re-use, plant, transport and equipment, water resources management and
water catchment management.
(4) For the purpose of any of its functions, the Corporation may, subject to the provisions of this Act -
(a) acquire, construct, reconstruct, maintain and operate any installation;
(b) acquire any property which the Corporation considers necessary or expedient for the purposes of constructing,
extending or maintaining any installation or otherwise carrying out its functions under this Act;
(c) do all acts and things necessary for the purpose of carrying out its functions under this Act: provided that the opening
and breaking up of the surface of any
street for any of the purposes aforesaid shall not be undertaken without the approval of the Malta Transport Authority;
(d) carry on, whether as principal or as agent or as a contractor, or in collaboration with any other person or persons,
all such other activities as may appear to the Corporation requisite, advantageous or convenient to be carried out for
or in connection with the performance of any of its functions under this Act or in order to make the best use of
the assets of the Corporation;
(e) exercise, perform, discharge and delegate all such rights powers, duties and functions as are by or under this Act vested
in or assigned to the Corporation;
(f) do all such acts as may be necessary or conducive for the proper performance or attainment of its functions;
(g) do all such other acts as are incidental to or consequential upon the exercise, performance and discharge
of its powers, duties and functions under this Act or for the attainment of the functions of the Corporation;
(h) hold and administer and, if and when it thinks fit, realize any assets it may hold from time to time.
(5) For the purpose of its functions under this Act, and with the written authority of the Minister, the Corporation may grant
to any third party of its choice the right to carry on or engage in or perform , w he th er i n wh ol e or i n pa rt , a nd w het
he r as op erato r, concessionaire, manager, independent contractor or otherwise, any functions, activities, operations, duties or
transactions which the Corporation is authorised and empowered or obliged to carry on or engage in or perform under or in accordance
with this Act:
Provided that this subarticle shall not be interpreted as exempt ing any person so auth ori z ed by the Corp oratio n fr
om complying with the requirements of any other law.
(6) In carrying out its functions at law, the Corporation shall: (a) ensure that it is in possession of any licences, permits
or authorizations, howsoever described, as it is required to have at law and that it abides with any conditions
as may be imposed in any such licences,
permits or authorisations;
(b) be subject to and abide by any laws, orders, directives, standards, and other legal requirements howsoever described, as
may be imposed by or under the Malta Resources Authority Act or any other law;
(c) carry out such functions directly through its officials or employees, or indirectly through contractors, licencees
or other agents, no matter how appointed as long as they are properly authorized, and for such purpose the Corporation may
issue such agents with
Cap. 423.
such licences or other authority as the Corporation may deem necessary.
Legal personality and representation of the Corporation.
(2) The legal representation of the Corporation shall vest in the Chairman or in such other member or members of the Board of
Di rectors as the Bo ard m a y by resolu tion designat e. A ny such resolution shall be published in the Government Gazette as soon
as may b e after appr ov al and sh al l not h a v e ef fect unt il it i s so published:
Provided that the Board may delegate any of its powers to any of its members or to any of its officers or servants and may authorise
any such person to appear on any contract, deed or other instrument for or on behalf of the Corporation and to sign for or on its
behalf any such contract, deed or instrument, as well as any other document, including cheques and bills of exchange and the Board
m ay also rati fy and accept any th ing d one fo r and on it s behalf without such authority.
Establishment and composition of the Board.
Amended by: XXVII. 2007.29.
(2) The Board shall consist of not more than nine members appointed by the Minister. The Minister shall designate one of the
app o int e d me mbe r s as ch airma n a nd anot her su ch me mbe r as deputy chairman and such other member shall have all the
powers and perform all the functions of the chairman during his absence or until a new chairman has been appointed following resignation,
termination of appointment or death of the chairman.
(3) The Minister shall designate one of the appointed members as Chairman and another such member as Deputy Chairman. The Deputy
Chairm an shall have all the powers and perform all the functio ns of the Ch ai rman duri ng h i s absen c e or unti l a new
Chairman has been appoi nted fo llowing the resignatio n, termination of appointment or death of the Chairman.
(4) The Chairman and all the other appointed members of the Board shall be appointed by the Minister from amongst persons, appearing
to him to have had experience, and shown capacity, in matt ers relat i n g to water t e ch no lo gy, or wat e r or wast e water m
a n a gem e n t , or t h e organ i sat i o n of w o rkers, o r of fi nan ce o r administration, and after having taken regard of
their experience an d f a mi li ar it y wi t h t h e r e q u i rements and circumstances of agri cul t ure, i ndustry, commerc e
and tourism and wi th matters
related to the conservation of the environment and the development of public amenities.
The members shall receive out of the funds of the Corporation such remuneration as the Minister may from time to
time determine.
(5) Subject to the provisions of this Act, and to any directions of the Board, the executive c ond uct o f t h e Corpo r atio
n, i t s administration and organization and the administrative control of its officers and other employees shall be the responsibility
of the Chief Executive Officer of the Corporation who shall also have such other powers as may from time to time be delegated to
him by the Board.
The Chief Executive Officer shall be responsible for the implementation of the business plan and budget of the Corporation.
The Chief Executive Officer shall be responsible towards the Board of Directors and may be invited to attend and be heard at all meetings
of the Board. He shall not, however, have a vote or be counted for the purpose of constituting a quorum.
(6) The provisions of the Criminal Code in respect of public officers or servants shall apply to the members of the Board, the Chief Executi ve and all other of fi cers
and empl oyees of th e Corporation.
Cap. 9.
6. A Works Council, in terms the Employee (Information and Consultation) Regulations, shall be set up by the Corporation and the Chief Executive Officer shall ensure that it meets at least once a month.
Provided that the Minister may at any time terminate the app o in tment o f any ap poi nted member o f t h e Bo ard if, in his opinion, such member is unfit to continue in office or has become incapable of properly performing his duties as a member of the Board or fail s to at tend t h e m eet in gs o f the Bo ard wi th out reasonable cause for at least three successive meetings.
Works Council. Substituted by: XXVII. 2007.30. S.L. 452.96
Duration of appointment to the Board of Directors. Amended by: XXVII. 2007.31.
(a) is a member of the House of Representatives, or
(b) is legally incapacitated, or
(c) under the law of any country has been adjudged bankrupt or has made a composition or arrangement with his creditors,
or
(d) has been convicted of a crime affecting public trust or theft or fraud or of knowingly receiving property obtained by
theft or fraud, or
Disqualification from being a member of the Board of Directors. Amended by: XXVII. 2007.32.
(e) has any financial or other interest in any enterprise or activity as is likely to affect prejudicially the discharge by him of his functions as a member of the Board.
Temporary retirement from sittings of the Board.
Resignation from the Board and publication of appointment and termination of office.
Amended by: XXVII. 2007.33.
(2) The appointment of any person as member of the Board and the termination of office of any such member shall be notified in the Government Gazette.
Meetings of the
Board.
11. (1)(a) The Board shall meet as often as may be necessary or expedient, but in no case less frequently than once every three months.
The meetings of the Board shall be called by the Chairman either on his own initiative or at the request of any two of the other
members.
(b) Without prejudice to the other requirements of this Act no decision shall be valid which is not supported by at least two members
of the Board or which is taken at a meeting of the Board at which the Chairman, or in his absence the Deputy Chairman, is not present.
(2) Half the number of members for the time being constituting the Board shall form a quorum at any meeting. Decisions shall be
adopted by a simple majority of the votes of members present. In the event of an equality of votes, the Chairman, or in his absence
the Deputy Chairman, shall have and exercise a second or casting vote.
(3) Minutes must be kept of the proceedings of the Board and of any committee thereof.
(4) Subject to the provisions of this Act, the Board may regulate its own procedure.
Validity of the acts of the Board.
(2) All acts done by any person acting in good faith as a m e m b er of the Board shall be valid as if he were a m e m b er, n o twi t hstan d ing th at som e defect in hi s appoi ntm e nt or qualification be afterwards discovered. No act or proceeding of the Board shall be questioned on the ground of the contravention by a member of the provisions of article 9.
14. The Corporation shall make provision for improving the skill of persons employed by it and in doing so shall comply with any scheme for training and education in force under paragraph (k) of article 3(3).
17. (deleted by XXVII. 2007.35.).
(a) supply water to such persons, in such manner and under such conditions as may be authorised by the Malta Resource
Authority;
(b) ensure the sufficiency, pressure and wholesomeness of water supplies;
(c) in so far as it is able to do so, augment water resources and for such purpose to treat salt water by any process for removing
salt or other impurities, or make use of the most appropriate technology for supplementing the natural water resources;
(d) to the extent that it is so authorised to do, survey any land, to inspect any well and to cause the sinking of bores or other
works for the purpose of ascertaining the nature of the subsoil or the presence, quality or quantity of underground water in it
and to cause the sinking of shafts and the driving of subterranean galleries.
(2) The Corporation may provide technical assistance to other persons desirous of sinking wells, driving galleries, constructing
conducts or otherwise to improve their water supply.
Staff appointments. Substituted by: XXVII. 2007.34.
Improving the skills of employees.
Powers of the Minister in relation to the Board.
Duties of the Board towards the Minister.
Exemption from taxation. Amended by: XV.1995.9.
Duties of the Corporation in relation to the supply of water. Substituted by: XXV. 2000.36.
Provision of sewage services, etc.
Amended by: XXV. 2000.36.
(a) provide a public sewer system to be used for the drainage of domestic sewage;
(b) take such steps from time to time as may be necessary for ascertaining the cleanliness, safety and efficiency of such services;
(c) take all actions as it may from time to time consider necessary or expedient for augmenting and improving the means of disposal
and the ways of treating the contents of such services;
(d) take such steps from time to time as may be necessary for ensuring the safe discharge, reception, treatment and disposal of trade
effluent;
(e) take all actions as it may from time to time consider necessary to encourage the re-use of treated effluent;
(f) to carry out tests and to make regulations relating to waste and sewage connections for the purpose of ensuring the proper
and fit disposal of waste water and sewage;
(g) take all actions necessary or expedient to re-use stormwater run-off as appropriate.
Default powers. 20. (1) Where written complaint is made to the Minister that the Corporation has failed -
(a) to give an adequate supply of water, either as respects quantity or quality, or to give any supply which it has been lawfully
required to give; or
(b) to take such steps as are reasonably practicable for the purpose of remedying any such failure; or
(c) to do anything which it is required to do by or under this Act;
and where the Minister is of the opinion that an investigation should be made as to whether the Corporation has failed in
any of these matters, he may cause an inquiry to be held into the matter.
(2) If after such an inquiry has been held it appears to the Minister that there has been such a failure, as is refer
r ed to in subarticle (1), he may make an order declaring the Corporation to be in default and directing it to remedy the default
and to discharge such of its functions in such manner and within such time or times as may be specified in the order.
Limits of Liability. 21. (1) The Corporation shall not be liable for any damage to any person or any property relating to installation of the supply of water which may be due to unavoidable accident, fair wear and tear or to unauthorised connection of water fittings or to defects in any installation not provided by the Corporation.
(2) Without prejudice to the provisions of article 18(2), the
to the provisions of this Act, for any nuisance or any damage attributable to the performance of a duty imposed by this Act.
(3) The Corporation is not liable in particular for any nuisance or damage caused by flooding arising from the action of naturally
occurring storms, groundwater or the action of the sea.
(2) If, after consultation with the Corporation and with Enemalta, the Minister is satisfied that it is no longer
necessary or expedient for such joint service to be maintained as aforesaid, he may by order revoke the Schedule to this Act, and
any agreement entered into between the Corporation and Enemalta in pursuance of paragraph 6 of that Schedule or kept in force under
this Act as if it had been so entered into (hereinafter in this article referred to as "the agreement") shall thereupon
cease to have effect.
(3) The Minister may from time to time, with the concurrence of the Corporation and of Enemalta, by order vary the provisions of
the Schedule to this Act to such extent and in such manner as the Minister may determine; and as from such date on which any such
order comes into force the provisions of the agreement shall have effect subject to such modifications as may be necessary to prevent
any inconsistency between the provisions of the agreement and the provisions of the said Schedule as varied by such order.
(4) Any order made under this article may contain such t r ansitorial, supplement a ry and in cidental prov isi ons as
the Minister, after consultation with, or with the concurrence of the Corporation and Enemalta, may deem to be necessary or expedient
for the purpose of the order.
PART III
The Corporation and Enemalta.
(a) the provision of working capital;
(b) the carrying out of the functions of the Corporation under this Act;
(c) the provision of capital for the expansion of and addition to the fixed assets of the Corporation;
Power to borrow or raise capital. Amended by: XXVII. 2007.36; L.N. 425 of 2007.
(d) the redemption of any debentures or debenture stock or other security that the Corporation is required or entitled to
redeem;
(e) any other expenditure properly chargeable to capital account.
(2) The Corporation may, from time to time, borrow by way of overdraft or otherwise, for periods not exceeding twelve months, such
sums as the Board may require for carrying out its functions under this Act:
Provided that for any amount in excess of two million and three hundred and twenty-nine thousand and three hundred and seventy-three
euro and thirty-three cents (2,329,373.33), there shall be required the approval in writing of the Minister.
Borrowing by advances from the Government.
(2) The Minister responsible for finance may, for any of the requirements of the Corporation of a capital nature, contract or
raise loans, or incur liabilities, for such periods and on such terms and conditions as he may deem appropriate; and any sum due
in respect of or in connection with any such loan or liability shall be a charge on the Consolidated Fund.
(3) Notice of any loans, liabilities or advances made or incurred under the fore go ing prov is io ns of this arti cle
shall be given to the House of Representatives as soon as practicable.
(4) Pending the raising of any such loan as is mentioned in subarticle (2) or for the purposes of providing the Corporation with
working capital the Minister re sponsible for finance may, by warrant under his hand and without further appropriation other than
this Act, authorise the Accountant General to make advances out of the Treasury Clearance Fund to the Corporation under such terms
as shall be specified by the said Minister upon the making thereof.
(5) Sums received by the Accountant General from the Corporation in respect of advances made to the Corporation under
subarticle (4) shall be paid, as respects amounts received by way of repayment in to the Tr easury Cl earance Fu nd, and, as respects
amounts received by way of interest, into the Consolidated Fund.
Application of revenue.
of the Board;
(b) the salaries or wages, fees, remuneration, pensions, superannuation allowances, gratuities and other allowances
of the officers, employees, agents and technical or other advisers of the Corporation, and payments for the maintenance
of any pension scheme or other scheme established under the provisions of this Act, and any payment to the Government
on account of pensions or gratuities under article 39 or
40;
(c) the establishment and working expenses and expenditure on, or the provision for, the maintenance of any of the
installations of the Corporation, and the discharge of the functions of the Corporation properly chargeable to revenue account;
(d) interest on any debentures, debenture stock or other security issued, interest on any overdraft and on any loan raised, or
advances received by the Corporation;
(e) sums required to be transferred to a sinking fund or otherwise set aside for the purpose of making provision
for the redemption of debentures or debenture stock or other security or for the repayment of other borrowed money;
(f) such sums as may be deemed appropriate to be set aside in respect of depreciation on the property of the Corporation having
regard to the amount set aside out of revenue under paragraph (e);
(g) the payment of any other expenditure approved by the
Board and properly chargeable to revenue account.
(2) Subject to such directions as the Minister, after consultation with the Minister responsible for finance, may from time to
time give, any excess of revenue over expenditure shall be applied by the Corporation to the creation of reserve funds to finance
future ex pansio n of th e Co rpo r ati on; and w ith ou t p r eju d ice t o t h e generality of the powers given to the Minister
by this subarticle, any direction given by the Minister as aforesaid, any part of such excess may be transferred to the Government,
or may be applied in such manner as may be specified in the direction.
(2) Nothing in subarticle (1) or in any such tariff as aforesaid
Investment of funds.
Prices, fees and other charges by the Corporation. Substituted by: XXV. 2000.36; XXVII. 2007.37.
shall prevent the Corporation from charging other prices by special agreement, provided that these are lower than those established
by tariff.
(3) In prescribing tariffs, the Corporation shall ensure that the prices charged are adequate to provide sufficient revenue to
the Corporation in any financial year -
(a) to cover operating expenses, including taxes, if any, and to make provision for adequate maintenance, for depreciation, for
interest payments on borrowings and for other interest payments;
(b) to meet periodic repayments on long term indebtedness to the extent that any such repayment exceed the
provisions for depreciation;
(c) to create reserves to finance a reasonable part of the cost of future expansion, being expenses, repayments and reserves incurred
or made by the Corporation in the exercise of its functions; and
(d) to provide a reasonable return on investment and expenditure.
Estimates of the Corporation. Amended by: XXVII. 2007.38.
(2) The estimates shall be made out in such form and shall contain such information and such comparisons with previous
years as the Minister shall direct.
(3) A copy of the estimates of the Corporation shall upon their adop tion by th e Bo ard be sent forthw ith by th e Board to th
e appropriate Minister together with a report of the activities of the Corporation during the previous financial year.
(4) The Minister shall at the earliest opportunity and not later than eight weeks after he has received a copy of the estimates
of Enemalt a , or if at an y tim e duri ng the period th e House of Representatives is not in session, within eighth weeks from
the beginning of the next following session, cause such estimates to be laid on the Table of the House of Representatives together
with a motion that the House approve the said estimates. Not more than two sittings shall be allotted for the debate in the House
on such a motion and both the motion and the approval of the estimates by the House may be with or without amendments to the estimates.
(5) No expenditure shall be made or incurred by the Corporation that has no t been app r oved b y the H ouse
of Representatives:
Provided that -
(a) until the expiration of six months from the beginning of a financial year or until the approval of the estimates for
that year by the House, whichever is the
earlier date, the Corporation may make or incur expenditure for carrying on its functions under this Act not exceeding in the
aggregate one-half of the amount approved for the preceding financial year;
(b) expenditure approved in respect of a head or subhead of the estimates may, with the approval of the Minister, be incurred in
respect of another head or subhead of the estimates;
(c) if in respect of any financial year it is found that the amount approved by the House is not sufficient or a need has arisen
for expenditure for a purpose not provided for in the estimates, the Board may adopt supplementary estimates for approval
by the House, and pending such approval may in special circumstances and with the approval of the Minister,
incur the relative expenditure; moreover in such case the provisions of this Act applicable to the estimates shall as soon as practicable
apply to the supplementary estimates:
Provided further that in respect of the first financial year of the Corporation this article shall apply as if it required the Board
to adopt estimates for that year not later than twelve weeks from the
appointed day*, and as if, until the approval of the estimates for that year by the House, and subject to the total expenditure for that
year not exceeding the amount approved by the House, no limits were placed on the power of the Corporat ion to make or incur expenditure.
(6) All estimates and supplementary estimates approved by the House sha l l, as soon as practic able, be published in the
Government Gazette.
(7) This article shall apply to the first and subsequent financial years.
(2) The accounts of the Corporation shall be audited by an au d i t o r or au d i t o rs to be ap po i n t e d b y i t
an d app r ov ed b y t h e Minister:
Provided that the Minister may require the books and accounts o f th e Corporation to be audited or exam ined by the Auditor
General who shall for this purpose have power to carry out such physical checking and other verifications as he m ay deem necessary.
(3) A copy of the audited accounts of the Corporation shall, upon their adoption, be sent forthwith by the Board to the Minister
together with a report by the Board detailing the activities of the Corporation in that year.
(4) The Minister shall, at the earliest opportunity and not later
Accounts and audit. Amended by: XVI. 1997.8.
Substituted by: XXVII. 2007.39.
than the first sitting of the House after four weeks from the receipt of the copy of the audit and report of the Corporation referred to in subarticle (3), cause such audit and report to be laid before the House of Representatives, together with the motions laid before the House under article 28.
Cash deposits and payments. Amended by: XXVII. 2007.40.
(2) All payments out of the funds of the Corporation, except petty disbursements not exceeding a sum to be fixed by the Board,
shall be made by such officer or officers of the Corporation as the Board shall appoint or designate for that purpose.
(3) Cheques against or withdrawals from any bank account of the Corporation shall be signed by such officer of the Corporation
as may be designated by the Board for that purpose and shall be countersigned by the Chairman or such other member of the Board or
other officer of the Corporation as may have been authorised by the Board for that purpose.
(4) The Corporation shall also provide for all matters necessary for the proper keeping and control of its accounts and books and
for control of its finances.
Annual Report. 31. The Board shall, not later than six weeks before the end of each financial year, make and transmit to the Mi nist er a report dealing generally with the activities of the Corporation during that year and containing such information relating to the proceedings and policy of the Corporation as the Minister may from time to time require. Such report shall be transmitted to the Minister and laid before the House as provided in article 28.
PART IV
Transfer to the Corporation of public undertakings.
32. (1) With effect from the appointed day* all public undertakin gs sh all , by virtu e o f this A c t, and wit hout furth e r assurance, be tr ansferred to, and shall vest
in , the Corporatio n under the same title by which they were held by the Government immediately before that day.
(2) Such transfer shall extend to the whole of such public undertakings and shall include all plant, lands, works and
other property movable or immovable, assets, powers, rights, privileges and causes of action held or enjoyed in connection therewith
or appertaining thereto.
*20th January, 1992 - see Legal Notice 7 of 1992.
33. Subject to the provisions of this Act, all laws, rules, regulations, orders, judgements, documents, warrants and working
arrangements, subsisting immediately before the appointed day*,
affecting any of the transferred undertakings shall have full force and effect against or in favour of the Corporation and shall
be enforceable as fully and ef fectually as if, instead of the
Government, the Corporation had been named therein or had been a party thereto, as the case may be.
34. (1) Where anything has been commenced by or under the authority of the Government prior to the appointed day* and such thing is in relation to any of the transferred undertakings or any
right or liability transferred by or under this Act, such thing may be carried on and completed by or u nder t h e au tho r i t y
of th e Corporation.
(2) Where at the appointed day* any legal proceeding is pending to which the Government is a party or is entitled to be a party and such proceeding has reference
to any of the transferred undertakings or any right or liability transferred by or under this Act, the Corporation shall be substituted
in such proceeding for the Government or shall be entitled to be so substituted.
(3) The Minister may by order make such incidental, consequential and supplemental provisions as may be necessary
or expedient for the purpose of securing and giving full effect to the transfer o f any u ndertakin g or an y, right or l i abilit
y to t h e Corporation by or under this Act and may make such orders as may be necessary to m a ke any po wers and duties exercised
by the Government, in relation to any of the tr ansferred undertakings, exercisable by and on behalf of the Corporation.
Construction of existing laws, contracts, etc.
Transitory provisions.
35. (deleted by XXVII. 2007.41.).
PART V
Creation of permanent debenture stock in favour of the Government.
Provided that the Chief Executive shall be selected and appointed with the approval of the Minister.
Appointment and functions of Chief Executive and of other officers and employees of the Corporation.
Superannuation schemes, etc., for officers and employees of the Corporation.
from its service or otherwise cease to hold office with it by reason of age, or of infirmity of body or mind, or of abolition of office.
(2) No assurance on the life of any contributor under any such scheme, and no moneys or other benefits payable under any such assurance,
an d n o p ensio n, gratuity or other allowance granted under any such scheme to any person who has been employed by the Corporation,
shall be assignable or transferable, or liable to be attached or seized for or in respect of any debt or claim whatsoever, other
than a debt due to the Corporation.
Detailing of public officers for duty with the Corporation.
(2) Any direction given by the Prime Minister before the date of the coming into force of this article for the purpose of detailing
any such offi cers as aforesaid for du ty wi th t he Corporat ion as aforesaid shall be of the same effect and validity as it would
have had, had such direction been given after such date.
(3) The Prime Minister may also, at the request of the Corporation, from time to time direct that any public officer
shall be detailed for duty with the Corporation in such capacity and with effect from such date as may be specified in the Prime
Minister ’s direction.
(4) The period during which a direction given under the pr eced in g pr ov isi o n s of th is ar ticle shall apply to any
officer specified therein, shall, unless the officer dies, or retires from the public service, or otherwise ceases to hold office
at an earlier date, or unless a different period is specified in such direction, end on the happening of any of the following events,
that is to say:
(a) the acceptance by such officer of an offer of transfer to the service of, and permanent employment with the Corporation made
in accordance with the provisions of article 40; or
(b) the revocation of such direction by the Prime Minister, in relation to such officer.
(5) Where a direction given by the Prime Minister under any of th e sub a rticles (1), (2 ) or (3) hereof i s revoked by the Prime
Minister in rela tion to any officer, the Prime Minister may, by further direction, detail such officer for duty with the Corporation
in such capacity and with effect from such date as may be specified in the Prime Minister ’s direction, and the provisions of subarticle
(4) shall th ereu pon app ly to the peri od of du rati on of any such further direction in relation to such officer.
Corporation by any direction given under the provisions of article
38, such officer shall, during the time in which such direction has
effect in relation to him be under the administrative authority and control of the Corporation but he shall for all other intents
and purposes remain and be considered and treated as a public officer.
(2) Without prejudice to the generality of the foregoing, an officer detailed for duty as aforesaid -
(a) shall not during the time in respect of which he is so detailed:
(i) be precluded from applying for a transfer to a department of the Government in accordance with the terms and conditions
of service attached to the appointment under the Government held by him at a date on which he is so detailed for duty; or
(ii) be so employed that his remuneration and conditions of service are less favourable than those which are
attached to the appointment under the Government held by him at the date aforesaid or which would have become attached to such
appointment, during the said period, had such officer not been detailed for duty with the Corporation;
(b) shall be entitled to have his service with the Corporation considered as service with the
Government for the purposes of any pension, gratuity or benefit under the Pensions Ordinance and the Widows’ and Orphans’ Pensions Act and of any other right or privilege to which he would be entitled, and liable to any liability to which he would be liable, but for
the fact of his being detailed for duty with the Corporation.
(3) Where an application is made as provided in subarticle (2)(a)(i), the same consideration shall be given thereto as if the applicant had not been detailed for service with the Corporation.
(4) The Corporation shall pay to the Government such cont ribut ions as may from ti me t o time be determined by
the Minister responsible for finance in respect of the cost of pensions and g r atui ties earn ed b y an officer detailed for du
ty wit h the Corporation aforesaid during the period in which he is so detailed.
Status of public officers detailed for duty with the Corporation.
Cap. 93. Cap. 58.
(2) The terms and conditions comprised in any offer made as aforesaid shall not be deemed to be less favourable merely because
Offer of permanent employment with the Corporation to public officers detailed for duty with the Corporation.
Cap.93. Cap.58.
Cap.58.
they are not in all respects iden tical with or superior to those enjoyed by the officer concerned at the date of such offer, if such
terms and conditions, taken as a whole, in the opinion of the Prime Minister, offer substantially equivalent or greater benefits.
(3) Every officer who accepts permanent employment with the Corporation offered to him under the provisions of subarticle (1) shall,
for all purposes other than those of the Pensions Ordinance and of the Widows’ and Orphans’ Pensions Act, be deemed to have ceased to be in service with the Government and to have entered into service with the Corporation on the date
of his acceptance, and for the purposes of the said Ordinance and of the said Act, so far as applicable to him, service with the
Corporation shall be deemed to b e serv ice w ith the Gov e rn ment within the meanings thereof respectively.
(4) Every such officer as aforesaid who, immediately before acce pting permanent employme nt with the Corp oration was a contributor
under the Widows’ and Or phans’ Pensions Act shall continue to benefit thereunder to all intents as if his service with the Corporation were service with the Government.
(5) The Corporation shall pay to the Government such co ntribu tion s as may from t ime to ti me b e d e termined
b y th e Minister responsible for finance in respect of the cost of pensions and gratuities earned by an officer who has accepted
permanent employment with the Corporation as aforesaid during the period commencing on the date of such officer ’s acceptance.
PART VI
Contracts of supply or works.
Amended by:
L.N. 425 of 2007.
Substituted by:
XXVII. 2007.42.
S.L. 174.06
41. The Corporation shall only enter into contracts for the procurement of goods, services or materials, other than petroleum,
or for the execution of work s, in accordance with the Public Procurement of Entities operating in the Water, Energy, Transport and Postal Services Sectors Regulations:
Provided that the Minister may further limit the
Corporation’s procurement procedures.
Power to acquire and dispose of property. Amended by: XXVII. 2007.43.
(a) purchase or otherwise acquire and hold any movable property and dispose of any such property; and
(b) purchase or otherwise acquire and hold any lands or other immovable property or interest therein and take any such property
on lease or on any other title whatsoever.
(2) The Corporation may, subject to the requirement of any other law and with the written consent of the Minister, dispose,
hypotecate, or alienate or encumber under any title and subject to any conditions whatsoever, any movable or immovable property,
right, undertaking, installation or other asset or interest vested in t h e Corporation by this Act or as o t herwi s e requ ired
by the Corporation:
Provided that for the purpose of any alienation, disposal or gran t o f an y i m m o va bl e pro p e r t y o r an y i n t e rest t
h erein , th e Corporation shall observe the provisions stipulated in any one of paragraphs (a) to (f) of article 3(1) of the Disposal of Government Land Act, in respect of that immovable property or any interest therein.
PART VII
Cap. 268.
43. (deleted by XXV.2000.36).
44. (deleted by XXV.2000.36).
45. (deleted by XXV.2000.36).
shall be published in the Government Gazette.
47. (deleted by XXV.2000.36).
48. (deleted by XXV.2000.36).
Board may, at all reasonable times, enter into any premises -
(a) to inspect, alter or repair any water fittings or service, apparatus, installation, instrument, plant or accessories belonging
to the Corporation, whenever any service by the Corporation is no longer required or where the Corporation is authorised by
or under this Act or any other law;
(b) to inspect, alter or repair any part of the sewers, waste water or stormwater run-off systems owned by the Corporation:
Provided that the Corporation shall repair all damage caused by any such entry, alteration or repair.
(2) Any person who contravenes or fails to comply with the provisions of this article shall be guilty of an offence under this
Licences for the supply, sale, etc., of water, water pumps and other
apparatus related to the supply of
water.
Grant of licences by the Corporation and other arrangements.
Power to make regulations.
Publication of regulations in the Government Gazette.
Saving as to domestic wells.
Exemption from the provisions of this Act.
Power of entry for ascertaining conditions of installations etc. Substituted by: XXV. 2000.36.
Offences relating to precautions in the execution of works.
Amended by: XXV. 2000.36.
Act.
Offences relating to installations, etc., supplied.
(2) Any person who contravenes the provision of this article shall be guilty of an offence against this Act.
Other offences. Amended by: XXV. 2000.36.
Savings. Cap. 22.
Cap. 105. Cap. 114.
G.N.133 of 1948.
(a) obstructs or impedes any member of the Board or any officer, agent or servant of the Corporation in the exercise of
his duties under this Act or under any regulations made under this Act; or
(b) contravenes or fails to comply with any of the provisions of this Act or of any such regulations as aforesaid
or any order lawfully given under the provisions of this Act or of such regulations,
shall be guilty of an offence against this Act.
53.* (1) All regulations, rules or orders and all licences made under, or kept in force under the Water Supply Ordinance† , the Irrig a t i on Ordinance † and th e U nderg ro und Wa ter Ordinance †
im medi atel y bef o r e t h ei r rep e al shall, with the necessary modifications, adaptations and lim itat io ns, and al l r egu
lat ion s, rules or orders made under or kept in force by the Water Supply Regulations, 1948, and in so far as these are not inconsistent
with the provisions of this Act, continue in force and have effect as if they had been made or granted under this Act and may be
revoked or amended accordingly.
(2) Any licence, permit or other authority granted under any enactment, or any provision thereof, repealed by this Act, and still
in force immediately before such repeal, shall continue in force thereafter as if it were a licence issued under this Act, or, as
the case may require, and any such lic ence, perm it or authority as aforesaid shall be treated and dealt with accordingly.
*This article originally consisted of five subarticles; the original subarticles (1), (2)
and (4) have been omitted under the Statute Law Revision Act, 1980.
†Repealed by this Act.
SCHEDULE Amended by:
L.N. 129 of 1992;
(Article 22)
XXVII. 2007.44; L.N. 42 of 2010.
1. The Corporation is hereby appointed in the name and on behalf of Enemalta to exercise and perform as fully and effectually
in all respects as Enemalta itself all such functions as are or may from time to time be lawfully vested in Enemalta in respect of
the acts and matters following namely:
(a) to demand, require, receive, accept, cancel, waive and generally deal with any suretyship, security, deposit or undertaking in
respect of sums due to Enemalta for the supply of electrical energy, meter charge and services (hereinafter in this Schedule
referred to as "sums due to Enemalta");
(b) to carry out the reading of meters for the purpose of ascertaining the quantity of electrical energy supplied and, where
applicable, the maximum demand;
(c) to keep accounts showing the sums due to Enemalta and to preserve any books or documents relating to or connected with such accounts;
(d) to undertake the computation, service and collection of bills in respect of sums due to Enemalta;
(e) to receive from consumers of electrical energy any notice of: (i) intention to discontinue the use of such energy; or
(ii) the carrying out of alterations to premises or to installations;
(f) to cause the supply of electrical energy to any consumer to be suspended in the case of non-payment of sums due to
Enemalta after the expiration of the prescribed period, or of unjustified refusal of access to the premises; and for this purpose
to cause the main fuses to be removed or the installation to be disconnected at the mains, whether overhead or underground;
(g) to cause the meter to be removed from the premises in the case of delay in the payment of sums due to Enemalta beyond three months,
or earlier if so deemed necessary;
(h) to reconnect the supply and, if necessary, replace the meter after payment of sums due to Enemalta has been made;
(i) to enter upon any premises and to carry out and do therein any act or thing within the authority of Enemalta;
(j) to assess, by means of such criteria as are within the discretion of Enemalta the consumption of electrical energy
in any premises to which entry for the purpose of reading the meters has been refused after reasonable notice has been
given;
(k) generally to perform any other act, incidental or supplementary to the foregoing, which Enemalta, but for the provisions
of this Schedule, would have been entitled to perform in relation to and for the purposes of meter-reading, account-keeping and
bill collection as applicable to
the supply of electrical energy.
2. If any sums due to Enemalta shall not be paid or if any goods or materials belonging to Enemalta are not returned by any consumer
of electrical energy, the Water Services Corporation may, notwithstanding the provisions of article 1866 of the Civil Code, take
any legal or other proceeding authorized by law for the recovery thereof in the name and on behalf of Enemalta.
3. While they are acting within the limits of the powers conferred on the Corporation by or under the provisions
of this Schedule, the officers and servants of the Corporation shall, for the purposes of any enactment or regulation containing
any reference to the officers and servants of Enemalta, be deemed to be also the officers and servants of Enemalta.
4. The Corporation may, in respect of the accounts of Enemalta and of sums due to Enemalta, continue in force any arrangements
entered into with any other Government department for the computing of bills and keeping of accounts and for the provision of legal
or other assistance.
5. Enemalta shall have a right of access to and inspection of the accounts kept by the Corporation in relation to the activities
of Enemalta and shall have the right to keep at the offices of the Corporation such number of representatives as may from time to
time be agreed between Enemalta and the Corporation.
6. From time to time as occasion may require, Enemalta and the Corporation may by means of a public deed in the acts of the Notary
to Government, the terms of which shall first be approved by the Minister, enter into an agreement (hereinafter in this Schedule
referred to as "the agreement") regulating all or any of the following matters:
(a) the access to and inspection of the accounts and the number and powers of the representatives of Enemalta referred to in paragraph
5 of this Schedule;
(b) the consideration (including reimbursement of any expenses and administrative charge properly met or incurred by the
Corporation) to be paid to, or to be retained by, the Corporation in respect of the exercise and performance by the
Corporation of the functions vested in it by this Schedule;
(c) the periods at which and the manner in which the Corporation shall remit to Enemalta sums collected by the Corporation
on behalf of Enemalta or, to the extent that arrangements for set-off are made in the agreement, such balances thereof as are
outstanding after any amounts due to the Corporation under the last preceding sub-paragraph have been deducted;
(d) the time and method of exchanging information and of using means of consultation between Enemalta and the Corporation for
the better execution in their joint interest of the provisions of this Schedule and of the agreement;
(e) the financial, banking, auditing and administrative procedures to be followed by both sides for the regular and
efficient working of the arrangements existing between them including, without prejudice to the generality of the foregoing, the
forms to be used, the documents to be preserved, the books to be kept, the returns to be made, the notices to be given or communicated
and the accounts to be rendered;
(f) such other matters incidental and supplementary to the foregoing for
which, with the approval of the Minister, they may deem it necessary and expedient to provide.
7. The Minister shall cause a copy of the agreement to be laid on the Table of the House of Representatives.
8. | (a) | Notwithstanding the other provisions of this Act and of this Schedule, the Corporation may, with the written authority of the Minister, engage or contract any third party to perform a meter-reading, account keeping and bill collectio n servic e and any other function ancillary to such services, whether jointly with and, or separately from either or both the Corporation and Enemalta. |
(b) | Where an engagement or contract is made by the Corporation in pursuance of paragraph (a), the powers and functions vested in the Corporation by virtue of this Act and the Schedule thereto shall mutatis mutandis vest in and apply to any third party engaged or contracted by virtue of the said paragraph (a). | |
(c) | Notice of any engagement or contract made in pursuance of the provisions of paragraph (a) shall be published by notice in the Gazette. |
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