S.L. 549.100 Art. 3Interpretation. Kap. 549. Kap. 323.

(1) In these regulations unless the context otherwise requires: "artificial water body" means a body of surface water created by human activity; "aquifer" means a subsurface layer or layers of rock or other geological strata of sufficient porosity and permeability to allow either a significant flow of groundwater or the abstraction of significant quantities of groundwater;

"available groundwater resource" means the long-term annual average rate of overall recharge of the body of groundwater less the long-term annual rate of flow required to achieve the ecological quality objectives for associated surface waters specified under regulation 5, to avoid any significant diminution in the ecological status of such waters and to avoid any significant damage to associated terrestrial ecosystems; "body of groundwater" means a distinct volume of groundwater within an aquifer or aquifers; "body of surface water" means a discrete and significant element of surface water such as a pool, a reservoir, a stream, water course or canal, part of a stream, a transitional water or a stretch of coastal water; "coastal water" means surface water on the landward side of a line, every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured, extending where appropriate up to the outer limit of transitional waters; "combined approach" means the control of discharges and emissions into surface waters according to the approach set out in regulation 11; "the competent authority" means the Ministry for Energy and Health in as far as inland water is concerned and the Environment and Resources Authority in as far as coastal water is concerned: Provided that the Environment and Resources Authority shall also be responsible for surface waters found in areas protected by scheduling declarations under the Environment Protection Act or the Filfla Nature Reserve Act, and for surface waters found in areas hosting protected species under the the Environment Protection Act or other areas of ecological and scientific importance according to provisions of the Environment Protection Act; "biota taxon" means a particular aquatic taxon within the taxonomic rank "sub-phylum", "class" or their equivalent; "direct discharge to groundwater" means discharge of pollutants into groundwater without percolation throughout the soil or subsoil; "ecological status" is an expression of the quality of the structure and functioning of aquatic ecosystems associated with surface waters, classified in accordance with Schedule V;

"emission controls" are controls requiring a specific emission limitation, for instance an emission limit value, or otherwise specifying limits or conditions on the effects, nature or other characteristics of an emission or operating conditions which affect emissions. Use of the term emission control in these regulations in respect of the provisions of any other regulations shall not be held as reinterpreting those provisions in any respect; "emission limit values" means the mass, expressed in terms of certain specific parameters, concentration and, or level of an emission, which may not be exceeded during any one or more periods of time. Emission limit values may also be laid down for certain groups, families or categories of substances, in particular for those identified in Schedule X: Provided that the emission limit values for substances shall normally apply at the point where the emissions leave the installation, dilution being disregarded when determining them. With regard to indirect releases into water, the effect of a wastewater treatment plant may be taken into account when determining the emission limit values of the installations involved, provided that an equivalent level is guaranteed for protection of the environment as a whole and provided that this does not lead to higher levels of pollution in the environment; "environmental objectives" means the objectives set out in regulation 5; "environmental quality standard" means the concentration of a particular pollutant or group of pollutants in water, sediment or biota, which should not be exceeded in order to protect human health and the environment; "good ecological potential" is the status of a heavily modified or an artificial body of water, so classified in accordance with the relevant provisions of Schedule V; "good ecological status" is the status of a body of surface water, so classified in accordance with Schedule V; "good groundwater chemical status" is the chemical status of a body of groundwater, which meets all the conditions set out in table 2.3.2 of Schedule V;

"good groundwater status" means the status achieved by a groundwater body when both its quantitative status and its chemical status are at least "good"; "good quantitative status" is the status defined in table 2.1.2 of Schedule V; "good surface water chemical status" means the chemical status required to meet the environmental objectives for surface waters established in regulation 5(1)(a), that is the chemical status achieved by a body of surface water in which concentrations of pollutants do not exceed the environmental quality standards established in Schedule IX and under other relevant legislation setting environmental quality standards;

"good surface water status" means the status achieved by a surface water body when both its ecological status and its chemical status are at least "good"; "groundwater" means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil; "groundwater status" is the general expression of the status of a body of groundwater, determined by the poorer of its quantitative status and its chemical status;

"hazardous substances" means substances or groups of substances that are toxic, persistent and liable to bio-accumulate, and other substances or groups of substances which give rise to an equivalent level of concern; "heavily modified water body" means a body of surface water which as a result of physical alterations by human activity is substantially changed in character, as designated by the competent authority in accordance with the provisions of Schedule II;

"inland water" means all standing or flowing water on the surface of the land, and all groundwater on the landward side of the baseline from which the breadth of territorial waters is measured; "limit of detection" means the output signal or concentration value above which it can be affirmed, with a stated level of confidence that a sample is different from a blank sample containing no determinand of interest;

"limit of quantification" means a stated multiple of the limit of detection at a concentration of the determinand that can reasonably be determined with an acceptable level of accuracy and precision. The limit of quantification can be calculated using an appropriate standard or sample, and may be obtained from the lowest calibration point on the calibration curve, excluding the blank; "matrix" means a compartment of the aquatic environment, namely water, sediment or biota; "pool" means a body of standing inland surface water;

"pollutant" means any substance liable to cause pollution, in particular those listed in Schedule VIII;

"pollution" means the direct or indirect introduction, as a result of human activity, of substances or heat into the air, water or land which may be harmful to human health or the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems, which result in damage to material property, or which impair or interfere with amenities and other legitimate uses of the environment; "priority substances" means substances listed in Schedule X. Among these substances there are "priority hazardous substances" which means substances identified as such in Schedule X;

"protected areas" means those areas which are required to be included in the register to set up in terms of regulation 7 as described in Schedule IV; "quantitative status" is an expression of the degree to which a body of groundwater is affected by direct and indirect abstractions; "sub-catchment" means the area of land from which all surface run-off flows through a series of streams, watercourses and, possibly, pools to a particular point in a water course; "surface water" means inland waters, except groundwater; transitional waters and coastal waters, except in respect of chemical status for which it shall also include territorial waters;

"surface water status" is the general expression of the status of a body of surface water, determined by the poorer of its ecological status and its chemical status; "transitional waters" are bodies of surface water in the vicinity of the mouths of water catchments which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows; "uncertainty of measurement" means a non-negative parameter characterizing the dispersion of the quantity values being attributed to a measure and based on the information used; "water catchment" means the area of land from which all surface run-off flows through a sequence of streams, rivers and, possibly, lakes into the sea at a single river mouth, estuary or delta;

"water catchment district" means the area of land and sea, made up of one or more neighbouring water catchments together with their associated groundwaters and coastal waters; "water course" means a body of inland water flowing for the most part on the surface of the land but which may flow underground for part of its course; "water intended for human consumption" means -

(a) all water either in its original state or after treatment, intended for drinking, cooking, food preparation or other domestic purposes, regardless of its origin and whether it is supplied from a distribution network, from a tanker, or in bottles or containers;

(b) all water used in any food-production undertaking for the manufacture, processing, preservation or marketing of products or substances intended for human consumption unless the competent national authorities are satisfied that the quality of the water cannot affect the wholesomeness of the foodstuff in its finished form; "water services" means all services which provide, for households, public institutions or any economic activity:

(a) abstraction, impoundment, storage, treatment and distribution of surface water or groundwater;

(b) waste-water collection and treatment facilities which subsequently discharge into surface water; "water use" means water services together with any other activity identified under regulation 6 and Schedule II having a significant impact on the status of water. This concept applies for the purposes of regulation 2 and of the economic analysis carried out according to regulation 6 and Schedule III, point (b).

(2) For the purposes of these regulations, any reference to Directives of the European Parliament and of the Council, shall be read and construed as if reference is made to the provisions of the regulations transposing the provisions of such directive into Maltese law.