Licence to Supply Water
- to a customer by water tanker(s)
- exclusively for own use by water tanker(s)
The Regulator for Energy and Water Services issues licences for the supply of water in accordance with the Water Supply and Sewerage Services Regulations 2004 (Legal Notice 525 of 2004).
The “supply of water” means and includes the carrying out of all or any of the activities regarding treatment, transfer, distribution, supply and, or retail of water other than bottled water, whether or not such activities are carried against a fee, charge, or any other form of remuneration, howsoever it may be described, but does not include water abstraction.
Any person (including any legal person) that intends to:
- supply water to a customer by water tankers;
- supply of water for own use by water tankers;
is required to apply in writing to the Regulator for Energy and Water Services and be in possession of a licence issued by the Regulator under these regulations prior to providing and offering such a service, and operating such a system, and carrying out the service activity and the exercise thereof.
Prospective applicants are invited to refer to the Guidance Notes below which have been prepared to assist applicants to complete the application form for a licence to supply water by water tanker.
Application for a Licence to Supply Water:
- to a customer by water tanker(s)
- exclusively for own use by water tanker(s)
Water Tankers Application e-Form.
Water Tankers Application Form (English Version) REWS/054/e/v13-03-05/22
Any authorised provider is also required to submit an application to the Regulator for Energy and Water Services in the event that he/she wishes to add/remove a vehicle to the fleet of the licenced supplier of water by water tanker(s)
Application Form for adding/removing a vehicle to the fleet of a licenced supplier of water by water tanker(s) REWS/171/v6-02-02/20
Water Supply and Sewerage Services Regulations 2004 (Legal Notice 525 of 2004)
Guidance Notes Guidance Notes for Applicants completing the application for a licence to supply water by Water Tanker(s)
- Guidance Notes English version
- Details of Identity card or passport number;
- Handwritten signature of applicant required on the application form;
- Signed declaration/s of users /owners of groundwater source/s;
- Signed declaration/s of users/ owners of rainwater collection cisterns /wells/ reservoirs/ highly polished reclaimed water / others;
- In the case of a company or Legal organisation the details of the Legal Representative should be submitted.
- Signed application form.
- Technical Details of the Water Tanker;
- Details of Groundwater sources;
- Details of rainwater collection cisterns /wells/ reservoirs/ highly polished reclaimed water / others;
- Copy(ies) of the identity card or passport of the applicant or the Legal Representative/s in the case of a company / Legal Organisation.
- Copy(ies) of the vehicle / trailers logbook(s) listed in Application form
- Copy(ies) of the insurance schedule and its respective policy covering vehicle / trailers listed in application form;
- Copy(ies) of the driving License/s of all the drivers of the water tanker(s);
- In case to supply water to customer by water tanker (s), a recent (< 3 months old) police conduct certificate of the applicant. In case of a company /Legal organisation the police conduct certificate of the Legal Representative (ies).
- Copy(ies) of site plan(s): A4 extract from the latest Survey Sheets on a Scale of 1: 2500 and indicating:
- location of each groundwater source indicated in Section 4.2 of this application
- location of each rainwater collection cistern, well and reservoir indicated in Section 4.3 of this application;
- the rainwater collecting area(s) for each cistern, well and reservoir indicated in Section 4.3 of this application;
- the co-ordinates of each groundwater source and each rainwater collection cistern, well and reservoir, the north point and the distances from the nearest corner of an existing building for all sources indicated on all the site plans;
- positions from which the photographs were taken on the site plan. These site plans shall be signed, dated, certified and attested by an Architect.
- For each source at least two (2) colour photographs: one showing the location of the source (groundwater source or rainwater collection cistern/well/reservoir) and another showing the filling point. The positions from which photographs were taken are to be clearly indicated on all the site plans. These photographs shall be signed, dated, certified and attested by an Architect.
In the case of an application to add /remove a remove a vehicle to the fleet of the licenced supplier of water by water tanker(s):
- Technical Details of the Water Tanker;
- Copy of the vehicle / trailers logbook(s) listed in the application form;
- Copy of the insurance schedule and its respective policy covering vehicle / trailers listed in the application form;
- In case to supply water to customer by water tanker (s), a recent (< 3 months old) police conduct certificate of the applicant. In case of a company /Legal organisation the police conduct certificate of the Legal Representative (ies).
The applicable fees are as follows:
- Application fee (non-refundable) for the licence to supply water by water tanker is €58.23.
- No application fee is required for adding / removing a vehicle to the fleet of the licenced supplier of water by water tanker(s).
- The annual licence fees and charges are as follows:
- Annual licence fee = €200 per water tanker or trailer licensed to transport water;
- Annual fee for e-tracking = €425 per water tanker or trailer licensed to transport water;
- One-time fee for installation of water level sensor to water tanker or trailer = €800 per water tanker or trailer licensed to transport water.
Regulation 15 of the Water Supply and Sewerage Services Regulations 2004 establishes that any water supplier or any person providing any services or operating any systems mentioned in these regulations who contravenes or fails to comply with any of these Regulations shall be guilty of an offence against the provisions of these regulations, and shall, on conviction, be liable to a fine (multa) not exceeding twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (€23,293.73) or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.
In addition, the Regulator for Energy and Water Services Act provides that:
- any person who carries out any such activity without a licence or who acts in breach of any condition of such licence, shall be guilty of an offence and shall be liable on conviction to a fine (multa) not exceeding one hundred and fifteen thousand euro (€115,000) or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment;
- the Regulator may impose an administrative penalty upon any person who infringes any provision of the Act, or regulations prescribed thereunder or of any other law which the Regulator is entitled to enforce, or who fails to comply with any directive or decision given by the Regulator or who fails to comply with any condition of any authorisation granted under the Act. Such administrative penalty shall not exceed:
- one hundred thousand euro (€100,000) for each contravention and, or six hundred euro (€600) for each day of non-compliance, from the date of the decision given by the Regulator; and, or
- in the case of an undertaking (including a vertically integrated undertaking) or a body corporate, up to 10% of the total turnover concerned in the preceding business year.
Provided that in the case of an undertaking, including a vertically integrated undertaking or a body corporate, a fine of up to 10% of the annual turnover concerned in the preceding business year, which amount exceeds one hundred thousand euro (€100,000) may, in any such case be imposed.
- No specific period for completion of the procedure is established at law.
- Generally, an application:
- for a licence to supply water is determined by the Regulator within 10 working days;
- to add/remove a vehicle to the fleet of the licenced supplier of water by water tanker(s) is determined by the Regulator within 5 working days.
In general, the Maltese Administrative Law establishes that in the absence of a reply this is construed to be tantamount to a refusal and the applicant has a right to appeal.
Any decision taken by the Regulator, including refusal of an application for or withdrawal of an authorisation or a licence, may be subject to appeal before the Administrative Review Tribunal established by Article 5 of the Administrative Justice Act.
You may submit the application form together with all associated documentation and relevant payments referred to in the application form either by post or by hand to:
Regulator for Energy and Water Services,
Zentrum Business Centre
Level 1
Mdina Road
Qormi, QRM 9010
Malta.
