CHAPTER
197
WATER SUPPLIES (OUT ISLANDS) |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Maintenance of existing system and future
extension. |
Power to excavate and lay pipes. |
Power to open up streets, etc. |
Power to enter upon land or premises and make
excavations. |
General power to enter upon land or premises. |
|
Plumbing Fixtures |
No unauthorised person to construct, etc. |
Authority to alter or repair. |
Liability of authorised person. |
Withdrawal and cancellation of authority. |
Water-Supply System |
|
Power to require owner to connect building with
water-supply system. |
Power to cut off water-supply. |
|
Damage to property of minister. |
Miscellaneous |
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Exemption of minister's property from distress. |
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CHAPTER 197 |
WATER SUPPLIES
(OUT ISLANDS) |
An Act to
regulate and control public water supplies in the Out Islands. | 26 of 1953
53 of 1959
15 of 1963
G.N. 7(2)/1964
44 of 1965
14 of 1968
E.L.A.O., 1974 |
[Commencement 28th
May, 1953] |
1. This Act may be cited as the Water Supplies (Out
Islands) Act. | Short title. |
2. This Act shall apply to the Out Islands. | Application of Act. |
3. In this Act, unless the context otherwise requires- | Interpretation. |
"district"
means any area in any part of the Out Islands to which the water supply extends
or shall from time to time be extended; |
"Minister"
means the Minister charged with responsibility for Water and Sewerage; |
"new
premises" means any premises (as hereinafter defined) erected after the
commencement of this Act or any premises which have been taken down to an
extent exceeding one-half of their cubic measure and re-erected after the
commencement of this Act; |
"owner"
includes the owner of any premises, and the receiver, attorney, agent, manager,
guardian or committee of any such owner, and the master or agent
of a ship or vessel used in navigation; |
"person"
includes joint tenants and tenants in common; |
"premises"
includes any dwelling-house, hotel, shop, office, or other place of business,
together with its appurtenances; |
"rules"
means rules made under this Act; |
"sanitary-fixture"
includes any bath, bidet, drinking fountain, lavatory, sink, laundry-tray,
watercloset, urinal, cistern, flushing-tank, floor-drain, trap, vent, piping or
other appliance used for the collection and conveyance of sewage or fluid house
refuse to the house-sewer, or the venting thereof; |
"service pipe
or main" means any pipe line of the water-supply system controlled by the
Minister and intended for the distribution of water in a district; |
"street"
includes any square, court, alley, highway, lane, road, thoroughfare, public
passage or place; |
"water-supply
system" includes any reservoir, dam, tank, well, tunnel, conduit, pipe,
fountain, sluice, valve, pump or engine, and any building, structure or
appliance used or constructed for the supply, storage, conveyance, measurement
or regulation of water, which is used or constructed for the supply of water. |
4. The Minister shall maintain the existing
water-supply system within any district, and may from time to time extend the
same into, through, across, under or over any street or Crown land, or (subject
to the provisions hereinafter contained) any land whatsoever situate within
that district. | Maintenance of existing system, and future extension. |
5. A person authorised by the Minister may enter into
any premises within any district or the vicinity thereof at any reasonable hour
and examine the same, and make any survey, or plan thereof, or any excavation
which may be necessary for the purpose of determining the most suitable
position for connecting any water pipe with the water main and may lay any
water pipe from the water main to the property line of any premises. | Power to excavate, and lay pipes. |
6. For the execution of any work to be undertaken or
done, or for the inspection thereof, the Minister may- | Power to open up streets, etc. |
(a) open up any
street in a district; |
(b) divert
traffic from one street to another; |
(c) deposit
upon any part of any street any material, implement, or thing used in connection
therewith; |
(d) construct,
erect and maintain any barrier, hoarding, fence, culvert, or other work
necessary for the purpose, on any street: |
Provided
that on completion of the work the Minister shall replace road material and
restore any such street to its previous condition. |
7. For the execution of any work to be undertaken or
done or for the inspection or maintenance thereof, a person authorised by the
Minister may enter into any premises within any district or the vicinity
thereof at any reasonable hour, and make any excavation which may be necessary
for carrying into effect the provisions of this Act: | Power to enter upon land or premises and make
excavations. |
Provided that any
such excavation shall immediately thereafter be replaced and made good and any
damage accruing therefrom be repaired or compensation paid in lieu thereof. |
8. A person authorised by the Minister may enter into
any premises within any district or the vicinity thereof at any reasonable hour
and remain therein for so long as may be necessary for the purpose of carrying
into effect any of the provisions of this Act: | General power to enter upon land or premises. |
Provided that
notice in writing, specifying the work to be done, shall have been given to the
owner thereof, and that upon the completion of any work undertaken by the
Minister the premises shall be cleared of any tree or brushwood which shall
have been cut down by the Minister, and the condition thereof restored by and
at the expense of the Minister. |
9. The owner of any premises into which a person
authorised by the Minister proposes to enter shall have the right, within one
week from the date of receipt of the notice aforesaid, to appeal in writing to
the Minister against the proposed entry; and the Minister shall thereupon
appoint two competent and disinterested persons to view the premises and make
an award in writing of any damage which the owner is liable to suffer by reason
of such entry, and thereafter the award shall be binding upon both parties: | Appeal to Minister. |
Provided
that if any such owner is aggrieved by. the amount of compensation awarded
under the provisions of this subsection, he may appeal to the Supreme Court
within such time and in such manner as may be provided by rules made under
section 76 of the Supreme Court Act. |
Plumbing Fixtures |
10. No person (other than the Minister or a person
authorised by the Minister) shall construct, extend, alter or repair any water
pipe or fitting connected with the water-supply system in any manner
whatsoever, and any person who without the authority of the
Minister constructs, extends, alters or repairs, or causes to be constructed,
extended, altered or repaired any water pipe or fitting shall be guilty of an
offence against this Act. | No unauthorised person to construct, etc. |
11. The Minister may authorise any person to
construct, extend, alter or repair any water pipe or fitting connected with the
water-supply system in any manner whatsoever: | Authority to alter or repair. |
Provided that no
such authority shall be granted unless and until the applicant shall have
satisfied the Minister as to his competency, and shall have entered into an
agreement with the Minister to carry into effect the provisions of this Act and
of any rules made thereunder, and to obey the orders of the Minister. |
12. Every authorised person shall be responsible for
any act done by him or by any person employed by him or acting under his
authority, and no liability shall attach to the Minister in respect of any act
done by any authorised person. | Liability of authorised person. |
13. If any authorised person shall do any act contrary
to the provisions of this Act or of any rules made thereunder, or in any way
fail or neglect to carry out work to the satisfaction of the Minister, his authority
may be withdrawn and cancelled: | Withdrawal and cancellation of authority. |
Provided, however,
that the withdrawal and cancellation of such authority shall not prejudice the
right of the owner of any premises or of the Minister to recover damages caused
by the failure or neglect of any authorised person from whom such authority has
been withdrawn. |
Water-Supply
System |
14. (1) The minister in any district may agree to
supply water for any purpose prescribed by the rules to any owner upon such
terms and conditions and for such period as he may think fit. | Supply of water. |
(2) The Minister
in any district may supply water for the use of members of the public, for any
purpose prescribed by the rules, by means of standpipes and taps situated in
public places, and not otherwise: |
Provided, however,
that the Minister may reduce the quantity of water supplied or reduce the
pressure of the water-supply or cut off the supply if in his opinion water is
not available. |
15. (1) The Minister may, by notice in writing,
require the owner of any building, being of a capital value of two thousand
dollars or over and being situated in any district within two hundred yards of
any service pipe or main, to connect at his own expense the said building with
the water-supply system, within a period of three months from such requisition
or such extended period as the Minister may allow: | Power to require owner to connect building with
water-supply system. |
Provided that, if
the Minister is satisfied that the water supplied to such building other than
from the water-supply system is pure, wholesome and suitable for human
consumption, he shall suspend such notice for so long as such water supply
remains pure, wholesome and suitable for human consumption: |
Provided also that
the Minister shall suspend or revoke such notice if he is satisfied that the
cost of such connection will cause unreasonable hardship to the owner of such
building. |
(2) On failure or
neglect of the owner to cause such building to be connected with the
water-supply system within the period allowed, it shall be lawful for a person
authorised by the Minister to enter into any such premises at any reasonable
hour and connect the same, and the expense thereof shall become a debt due from
and owing by the owner to the Minister and a charge upon the premises, and in
addition thereto the owner shall be liable to a fine of two
hundred dollars. |
16. (1) If any person entitled to a supply of water
under any agreement with the Minister makes default in payment of any sum due
and owing to the Minister, the Minister may, after the expiration of thirty
days from the date upon which notice of the same shall have been served upon
any such person, cut off the water-supply until such sum, together with any
expense incurred by him, is paid. | Power to cut off water-supply. |
(2) If at any time
after the water-supply has been cut off from any premises the owner of such
premises shall fraudulently obtain a renewal thereof without the order of the
Minister, the owner of such premises shall be guilty of an offence against this
Act, and, in addition to any expense incurred by the Minister, shall be liable
to a fine of twenty dollars in respect of each day during which
the supply shall have been so renewed. |
17. A person authorised by the Minister may enter into
any premises within any district at any reasonable hour for the purpose of- | Power to enter premises. |
(a) examining
any pipe, meter, fitting, work or apparatus for the supply of water belonging
to him; (b) ascertaining the quantity of water which from time to time has been
supplied; |
(c) cutting off
the water-supply; |
(d) upon the
water-supply being cut off, removing any pipe, fitting, or apparatus belonging
to him; and |
(e) ascertaining
whether there is a leakage or an excessive consumption of water or a use of
water for other than domestic purposes or any other misuse of water. |
18. Any person who wilfully injures or fraudulently
alters any meter, shall be liable to a fine of twenty dollars, and any person
who connects or causes to be connected any water pipe, pump or reservoir with
any water pipe, pump or reservoir belonging to the Minister (without his
consent in writing), shall in addition thereto, be liable to a further fine of
four dollars in respect of every day during which such offence shall have been
committed. | Damage to property of Minister. |
Miscellaneous |
19. (1) Any person who wilfully injures or causes to
be injured a water-supply system maintained by the Minister in any manner
whatsoever shall be guilty of an offence, and in addition to any penalty
prescribed by this Act shall be liable to repay to the Minister any expense
incurred by him in repairing any such injury. | Wilful damage. |
(2) Any person who
wilfully obstructs the Minister in carrying into effect any of the provisions
of this Act shall be liable to a fine of twenty dollars in
respect of each day during which such obstruction is continued. |
(3) Any person who
knowingly wastes water by any means whatsoever to the detriment of other
consumers of the water-supply system shall be liable on summary
conviction to a fine of fifty dollars; and on the conviction of such person the
Minister may terminate his agreement with the owner of the premises on which
the offence was committed. |
20. No property of the Minister which may be placed in
or upon any premises shall be liable to distress for rent, or be taken in
execution, or in respect of any proceedings in bankruptcy against the owner of
such premises. | Exemption of Minister's property from distress. |
21. (1) Any person who commits any offence against
this Act or against the rules for which no punishment is specifically provided
shall be liable to a fine of one hundred dollars or to
imprisonment for four months. | General penalty. |
(2) Any proceeding
under the provisions of this Act may be brought summarily before a stipendiary
and circuit magistrate in the name of the Minister, and any sum due from and
owing to the Minister by any person shall rank preferentially to all existing
or future debts. |
22. The Minister may from time to time make rules- | Rules. |
(a) defining
the rates payable in connection with the water-supply system; |
(b) prescribing
the purposes for which water supplies controlled by the Minister may be used;
and |
(c) generally
for carrying into effect the provisions of this Act. |
23. All expenses incurred in carrying out the
provisions and objects of this Act shall be paid out of the Consolidated Fund
by warrant in the usual manner. | Expenses. |