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: 13 December 2019
Water Services Corporation Act.
Date of original text: 20 January 1992 (2019)

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
Malta Resources Authority Act.
Date of text: 13 December 2019
Water Services Corporation Act.
Date of original text: 20 January 1992 (2019)

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: 13 December 2019
Assessment and Management of Flood Risks Regulations, 2010 (L.N. 264 of 2010).
Date of text: 13 December 2019
Groundwater Abstraction (Metering) (Amendment) Regulations, 2012 (L.N. 59 of 2012).
Date of text: 13 December 2019

Water and Environment

Water in environmentally-sensitive areas; ‘water demand’ by ecosystems; protection forests; water conservation zones; environmental impact assessment
Climate Action Act, 2015 (No. XVII of 2015)
Date of text: 07 July 2015
Environment and Development Planning Act (Act No. X of 2010).
Date of text: 30 November 2010
Prevention and Remedying of Environmental Damage Regulations, 2015 (L.N. 280 of 2015).
Date of text: 13 December 2019

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
Malta Resources Authority Act.
Date of text: 13 December 2019
Water Services Corporation Act.
Date of original text: 20 January 1992 (2019)
Pollution Caused by Certain Dangerous Substances Discharged into the Aquatic Environment Regulations (L.N. No. 213 of 2001).
Date of text: 13 December 2019

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: 13 December 2019
Notification of Groundwater Sources Regulations, 2008 (L.N. 255 of 2008).
Date of text: 13 December 2019
Protection of Groundwater against Pollution and Deterioration (Amendment) Regulations, 2015 (L.N. 223 of 2015).
Date of text: 13 December 2019

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: 13 December 2019
Assessment and Management of Flood Risks (Amendment) Regulations, 2011 (L.N. 477 of 2011).
Date of text: 13 December 2019

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

National Agricultural Policy for the Maltese Islands.
Date of text: 13 December 2019

Main basins

No basins available