18 th February 2011

1. Provision of Research and Consultancy on Sustainable Hydro Assessment and Ground Water Recharge Project Sharp/01/2010

2. Review of the Legal Status of Groundwater, Water Consumption and Water Management in the Maltese Islands 18th February 2011

3. Table of Context • Water Legislation and Policy • Relevant Legislations • Ownership or Other Legal Status of Groundwater • Recharge of Aquifers • Protection of Groundwater from Pollution • Groundwater Quality Constraints • Administration of Groundwater • Cost Recovery for Groundwater Use • Water Resources Management in Malta

4. 1. Water Legislation and Policy

5. EU Directives

6. Other EU Directives

7. Maltese Legislations

8. 2. Relevant Legislations

9. 2.1 -Water Framework Directive • Water Framework Directive establishes: “a legal framework to protect and restore clean water across Europe and ensure its long-term and sustainable use”. • It commits EU member states to: • achieve good status of all inland surface waters, transitional waters, coastal waters and groundwater bodies by 2015; • prevent deterioration in the quality of aquatic ecosystems; • reduce and progressive removal of hazardous pollutants.

10. The Water Catchment Management Plan for the Maltese Islands (WCMP) WCMP sets out ways on how to protect, enhance and improve the water environment of Malta and Gozo. The formulation of the WCMP is based on: The actual status of water bodies in the Maltese Islands; The actions necessary for addressing the pressures identified; An economic analysis to understand the tradeoffs between economic development, environmental protection and sustainability. Given Malta’s small size, no rivers are available and inland surface water systems are limited. Hence, the Maltese Islands are integrated into one water catchment district.

11. 2.2 - Flood Directive • The purpose is to establish a framework for the assessment and management of flood risks, aiming at the reduction of the adverse consequences for human health, the environment, cultural heritage and economic activity. • Requires Member States to : • assess if all water courses and coastlines are at risk from flooding; • to map assets and humans at risk in these areas; and • to take adequate and coordinated measures to reduce this flood risk.

12. 2.3 – Nitrate Directive • The Nitrates Directive aims to protect water quality across Europe by: • preventing nitrates from agricultural sources; • promoting the use of good farming practices. • EU Member States have to identify the water resources affected by nitrate and then designate the polluted regions as Nitrate Vulnerable Zones (NVZs). • The whole of Malta and Gozo has been declared a Nitrate Vulnerable Zone.

13. 3. Ownership or other Legal Status of Groundwater

14. Water Production in Malta • Water production in Malta is derived from two major sources, namely: • Groundwater through the exploitation via galleries and boreholes; • Desalination of seawater from RO Plants. • Demand for water is satisfied through: • 52.5% from desalination; • 47.5% from groundwater sources.

15. Ownership or Legal Status • Sources of Maltese Legislation concerning groundwater protection and management indicate that despite its private ownership status, groundwater must be protected for the benefit of the country. • Main competent authorities: • Malta Resource Authority - responsible for the groundwater as a resource in its entirety. • Malta Environment and Planning Authority - responsible for the conservation of groundwater as part of the environment. • As the competent authority, the MRA is required to take the necessary measures: • To protect, enhance and restore all bodies of groundwater; • To enhance a balance between abstraction and recharge of groundwater by November 2015.

16. 4. Recharge of Aquifers

17. Groundwater Aquifers Mean Sea Level Aquifer • Groundwater is defined as: “All water, which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil”. • Two main groundwater aquifers bodies: • Perched aquifer • Mean Sea Level Aquifer Perched Aquifer

18. Groundwater Bodies in Malta • Main groundwater bodies in the Maltese water catchment district:

19. Recharge of Aquifers • Recharge of aquifers started being subjected to regulation with the following publications: • 2002, Protection of Groundwater and Dangerous Substances Regulations; • 2004, Water Policy Framework Regulations. • Both regulations include as a basic measure: Controls, including a requirement for prior authorization of artificial recharge or augmentation of groundwater bodies. The water used may be derived from any groundwater provided that the use of the source does not compromise the achievement of the environmental objectives established for the source or the recharge or augmented body of groundwater.

20. 5. Protection of Groundwater from Pollution

21. Sources of Pollution Pollution of Groundwater from Point Sources Protection of Groundwater against Pollution caused by Dangerous Substances, 2002. • Aim at prevention of groundwater pollution from certain ‘dangerous substances’, while provide for remedial measures, and to check or eliminate the consequences of pollution which have already occurred. • Pollution of groundwater occurs whenever there are any anthropogenic influence. This occurs either from: • Diffuse sources of pollution (indirect discharges); • Direct discharges (point source pollution).

22. Sources of Pollution Pollution of Groundwater from Diffuse Sources Waste Management (Landfill) Regulations, 2002. • The aim to provide for stringent operational and technical requirements on the waste and landfills, in order to prevent negative effects on the environment. Quality of Water Intended for Human Consumption Regulations, 2004. • The scope is to protect human health form adverse effects of any water contamination intended for human consumption by ensuring that it is clean. Plant Protection Products Regulations, 2004. • The aim is to provide for the protection of groundwater from any active substances that may contaminate groundwater. Protection of Waters against Pollution caused by Nitrates from Agricultural Sources Regulations, 2001. • Aims to reduce water pollution caused or induced by nitrates from agricultural sources and preventing further such pollution.

23. 6. Groundwater Quality Constraints

24. Quality Constraints • The quality of water intended for human consumption is regulated by the provisions of the Drinking Water Directive. • Article 5 of this Directive sets out the parameters that define the quality standards to which ‘ water intended for human consumption’ is expected to satisfy. • In Malta, high levels of Chlorides and Nitrates are evident. • Chloride • Results from the saltwater intrusion from over abstraction of groundwater. • Nitrate • Attributed to intense agricultural activity and high use of fertilizer, leakages from the sewerage system and animal husbandry.

25. 7. Administration of Groundwater

26. Administration • Water Services Corporation • Malta Resource Authority • Malta Environment and Planning Authority

27. 8. Cost Recovery for Groundwater Use

28. Groundwater Use • Cost recovery for groundwater use and abstraction is rather recent. • Not only, costs are not being recovered for use and abstraction of groundwater by licensed owners but also, there is an increase use of over abstraction of groundwater which is illegal. • Illegal use of groundwater arises from water theft from unauthorised persons for: • recreational purposes; • business opportunities. • The MRA is obliged to take account of the necessary costs of water services, including environmental and resource costs.

29. 9. Water Resources Management in Malta

30. Water Management • The Water Services Corporation Act serves: “as the legislative basis and includes all tools and instruments for water resources management issues”. • The corporation is legally bound to promote the reasonable use of water and encourage the conservation and appropriate re-use of water resources. • The mission statement of the corporation is to: • achieve a more rational and economic use of water in the Maltese Islands; • to support the general social and economic development; while • protecting the environment.

31. Thank You AIS House, 18 St. John Street, Fgura FGR 1447 – MALTA Tel: +356 21803374 Fax: +356 21803434Website: www.aisenvironmental.comE-mail: info@ais.com.mt