FAOLEX Database

Malta - Aqualex Profiles

Framework Law

The main law applicable to water resources management, which covers all of the following areas: administration; management, conservation and use of freshwater resources; water rights; waterworks; water supply
No legislation available

Constitutional provisions

Constitution of Malta.
Date of text: 21 September 1964

Right to water: No provisions regarding the right to water.

Natural resources: Nothing in article 37 (protection from deprivation of property) shall be construed as affecting the making or operation of any law so far as it provides for the taking of possession or acquisition of property for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the carrying out thereon (i) of work of soil conservation or the conservation of other natural resources of any description or of war damage reconstruction; or (ii) of agricultural development or improvement which the owner or occupier of the land has been required and has without reasonable and lawful excuse refused or failed to carry out. Nothing in this article shall be construed as affecting the making or operation of any law so far as it provides for vesting in the Government of Malta the ownership of any underground minerals or water.

Agriculture

Water used for irrigation, forestry and aquaculture
Irrigation of Crops (Health Precautions) Regulations (Legal Notice 71 of 1988).
Date of text: 16 September 1988

Water Supply and Sanitation

Provision of water services by public utilities or commercial organizations; water supply for domestic, industrial or other purposes; right to safe and clean drinking water and basic sanitation; quality of piped water; sewerage
Act No. XXV of 2015 - Regulator for Energy and Water Services Act, 2015.
Date of text: 31 July 2015
Water Supply and Sewerage Services (Amendment) Regulations, 2009 (L.N. 337 of 2009).
Date of text: 25 September 2021
Water Services Corporation Act.
Date of original text: 20 January 1992 (2021)

Governance

The political, social, economic and administrative systems that govern water management and conservation; good practices; good governance; decentralization; water user’s associations
Act No. XXV of 2015 - Regulator for Energy and Water Services Act, 2015.
Date of text: 31 July 2015
Water Services Corporation Act.
Date of original text: 20 January 1992 (2021)
Malta Resources Authority Act.
Date of text: 25 September 2021

Infrastructure

Waterworks; water supply systems; dams; hydropower systems; irrigation systems
No legislation available

Water Resources Management and Water Rights

Ownership and control of water resources; abstraction and diversion of water; allocation and quotas; riparian rights; priority of rights; free water use
Water Policy Framework Regulations, 2015 (L.N. 345 of 2015).
Date of text: 25 September 2021
Assessment and Management of Flood Risks Regulations, 2010 (L.N. 264 of 2010).
Date of text: 25 September 2021
Groundwater Abstraction (Metering) (Amendment) Regulations, 2012 (L.N. 59 of 2012).
Date of text: 25 September 2021

Water and Environment

Prevention and Remedying of Environmental Damage (Amendment) Regulations, 2021 (L.N.217 of 2021).
Date of text: 21 May 2021
Environment Protection Act.
Date of original text: 31 January 2016 (2019)
Climate Action Act, 2015 (No. XVII of 2015)
Date of text: 07 July 2015

Water Quality and Pollution Control

Control of pollution and quality of freshwater bodies and groundwater; agricultural point and non-point sources of pollution; water quality standards
Water Services Corporation Act.
Date of original text: 20 January 1992 (2021)
Malta Resources Authority Act.
Date of text: 25 September 2021
Pollution Caused by Certain Dangerous Substances Discharged into the Aquatic Environment Regulations (L.N. No. 213 of 2001).
Date of text: 25 September 2021

Groundwater

Freshwater resources located below the surface of the earth; aquifers; groundwater abstraction; well-sinking; boreholes; hydrogeology
Pollution Caused by Certain Dangerous Substances Discharged into the Aquatic Environment Regulations (L.N. No. 213 of 2001).
Date of text: 25 September 2021
Notification of Groundwater Sources Regulations, 2008 (L.N. 255 of 2008).
Date of text: 25 September 2021
Protection of Groundwater against Pollution and Deterioration (Amendment) Regulations, 2015 (L.N. 223 of 2015).
Date of text: 25 September 2021

Disaster Resilience

Water-related hazards; flood; drought; water shortage; adaptation to climate change; early warning system/emergency intervention system
Assessment and Management of Flood Risks Regulations, 2010 (L.N. 264 of 2010).
Date of text: 25 September 2021
Assessment and Management of Flood Risks (Amendment) Regulations, 2011 (L.N. 477 of 2011).
Date of text: 25 September 2021

Transboundary Waters

Transboundary effects; international basin institutions; international agreements; transboundary coordination; transboundary aquifers
Protocol on the protection of the Mediterranean Sea against pollution from land-based sources and activities.
Date of original text: 17 May 1980 (1996)

Policies

Malta’s National Action Plan for Sustainable Use of Pesticides 2019 – 2023.
Date of text: 25 September 2021
National Agricultural Policy for the Maltese Islands.
Date of text: 25 September 2021
Waste Management Plan for the Maltese Islands.
Date of text: 25 September 2021
Malta’s National Action Plan for Sustainable Use of Pesticides 2013 – 2018.
Date of text: 25 September 2021

Main basins

No basins available