CHAPTER
198
SOUTH ELEUTHERA WATER SUPPLY |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Agreement for and
Maintenance of Water System |
Governor in Council authorized to enter into
agreement. |
Maintenance of existing system. |
General Powers of Company |
Power to excavate and lay pipes. |
Power to open up streets, etc. |
Power to enter land or premises and make
excavations. |
General power to enter on notice. |
|
Power to cut off water-supply. |
Incidence of Water-Supply
System |
Power to enter for examination of meters, etc. |
Offences |
Altering meter and unauthorized tapping of
water. |
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|
|
SCHEDULE. |
CHAPTER 198 |
SOUTH ELEUTHERA
WATER SUPPLY |
An Act to
authorise the entering into of an agreement between the Government and the
South Eleuthera Power and Light Company Limited for the establishment of a
water supply system in the Settlement of Rock Sound and its environments and
for matters incidental thereto. | 20 of 1962
E.L.A.O., 1974 |
[Commencement 23rd
May, 1962] |
1. This Act may be cited as the South Eleuthera Water
Supply Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"agreement"
means the agreement set out in the Schedule to this Act; |
"Company"
means the South Eleuthera Power and Light Company Limited; |
"district"
means the area to which the agreement refers and therein named the settlement
of Rock Sound and its environs; |
"Minister"
means the Minister responsible for Water and Sewerage; |
"premises"
means any dwelling-house, hotel, shop, office, or other place of business,
together with its appurtenances; |
"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 to
the district. |
Agreement for and
Maintenance of Water System |
3. The Governor in Council is hereby authorised at any
time within twelve months after the coming into operation of this Act to enter
into an agreement with the Company substantially in the form set out in the
Schedule hereto. | Governor in Council authorised to enter into
agreement. |
4. Subject to and in accordance with the terms of the
agreement the Company shall maintain the existing water-supply system within
the district and may from time to time (with the concurrence of the Minister)
extend the same into, through, across, under or over any street or public land
or (subject as aforesaid and to the provisions hereinafter in this Act
contained) any land whatsoever situate within that district. | Maintenance of existing system. |
General Powers of
Company |
5. The Company may with the consent of the owner, or
failing that by an order of the Minister, enter into any land or premises
within the 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 purposes of determining the most suitable position for
connecting any water pipe with the main and may lay any water pipe from the
water main to the property line of the premises. | Power to excavate and lay pipes. |
6. For the execution of any work to be undertaken or
done, or for the inspection or maintenance thereof, the Company may, with the
concurrence of the Minister- | Power to open up streets, etc. |
(a) open up any
street in the 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, boarding, fence, culvert, or other work
necessary for the purpose, on any street: |
Provided that on
completion of the work the Company shall replace road material and restore any
such street to its previous condition within thirty days of the completion of
the work. |
7. For the execution of any work to be undertaken or
done or for the inspection or maintenance thereof, the Company may enter into
any land or premises within the district or the vicinity thereof at any
reasonable hour, and make any excavations which may be necessary for carrying
into effect the provisions and terms of the agreement: | Power to enter 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. The Company may enter into any land or premises
within the 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 and terms of the agreement, provided that notice in
writing specifying the work to be done, shall have been given to the owner or
occupier thereof, and that upon the completion of any work undertaken by the
Company the land or premises shall be cleared of any trees or brushwood which
shall have been cut down by the Company, and the condition thereof restored by
and at the expense of the Company. | General power to enter on notice. |
9. (1) The owner or occupier of any land or premises
into which the Company proposes to enter shall have the right, within one week
from the date of receipt of the notice given under the provisions of section 8
of this Act to appeal in writing to the Commissioner against the proposed
entry; and the Commissioner shall thereupon appoint two competent and
disinterested persons to view the land or premises and make an award in writing
of any damage which the owner or occupier is liable to suffer by reason of such
entry. | Appeal. |
(2) The owner or
occupier or the Company may if they so wish reject such an award and in such
event may institute proceedings in respect thereof before a stipendiary and
circuit magistrate in the exercise of his original jurisdiction. |
10. (1) If any person entitled to a supply of water
under any agreement with the Company makes default in payment of any sum due
and owing to the Company, the Company 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 the Company, 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 or occupier
of such premises shall fraudulently obtain a renewal thereof without the
sanction of the Company, the owner or occupier of such premises shall be
liable, in addition to the expense incurred by the Company, to
a fine of twenty dollars in respect of each day during which the supply shall
have been renewed. |
Incidence of
Water-Supply System |
11. The Company may enter into any land or premises
within the district at any reasonable hour for the purpose of- | Power to enter for examination of meters, etc. |
(a) examining
any pipe, meter, fitting, work or apparatus for the supply of water belonging
to it; |
(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 it; and |
(e) ascertaining
whether there is a leakage or an excessive consumption of water or any other
misuse of water. |
Offences |
12. Any person who wilfully injures or fraudulently
alters any meter shall be liable to a fine of one hundred 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 Company (without its
consent in writing) shall be liable to a fine of one hundred dollars and in
addition thereto to a further fine of twenty dollars in respect of every day
during which the offence shall have been committed. | Altering meter and unauthorised tapping of water. |
13. Any person who wilfully injures or causes to be
injured the water-supply system in any manner whatsoever shall be liable to a
fine of one hundred dollars or to imprisonment for four months and in addition
shall be liable to repay to the Company any expense incurred by it in repairing
any such injury. | Damage to system. |
14. Any person who wilfully obstructs the Company or
any person employed and authorised by it, in carrying into effect any of the
terms and provisions of the agreement and this Act shall be liable to a fine of
one hundred dollars and in addition to a fine of twenty dollars in respect of
every day during which the obstruction is continued. | Obstruction. |
15. Any person who knowingly wastes water by any means
whatsoever to the detriment of other consumers or to the water-supply system
shall be liable to a fine of twenty-five dollars, and on conviction of such
person the Company may terminate its agreement with the owner or occupier of
the premises on which such offence was committed. | Waste. |
SCHEDULE |
BAHAMA
ISLANDS,
New Providence. |
AN AGREEMENT made
the day of in the year of Our Lord One
thousand Nine hundred and Sixty-two BETWEEN His Excellency Sir Robert de
Stapeldon Stapledon, Knight Commander of the Most Distinguished Order of St.
Michael and St. George, Commander of the Most Excellent Order of the British
Empire, Governor and Commander-in-Chief in and over the Bahama Islands, acting
for and on behalf of the Government of the Bahama Islands (who and whose
successors in office for the time being are hereinafter included in the term
the Government) of the one part AND the South Eleuthera Power and Light
Company, Limited, a company incorporated under the laws of the Bahama Islands
and carrying on business within the Colony (hereinafter called the Company
which expression shall include its successors and assigns) of the other part WHEREAS
the Company has made proposals to the Government for the supply of drinking
water for general purposes ,for the settlement of Rock Sound and suburbs
thereof in the South Eleuthera District of the island of Eleuthera one of the
Bahama Islands AND WHEREAS the Government being satisfied that such an
installation and supply will be of great benefit to the district concerned and
has agreed to enter into a contract with the Company therefor for a period of
five years subject to certain conditions and stipulations NOW THIS AGREEMENT
WITNESSETH in consideration of the premises as follows: |
IN this Agreement
the settlement of Rock Sound and its environs means the area within a distance
of one mile measured from the junction of Fish Street and the main road, but
shall be subject to the terms of this Agreement relating to the extension
thereof inside and outside and within the elevation serviceable from the
existing Rock Sound reservoir. |
1. In
consideration of the sum of £32,000 paid to the Company by the Government (the
receipt whereof the Company hereby acknowledges) the Company covenants and
agrees with the Government that unless prevented from so doing by Act of God,
insurrection, riots, civil commotion, war or war-like operations, strikes,
lockouts, force majeure, or any unforeseen or extraordinary
circumstances which may be reasonably considered to be beyond the control of
the Company (including any refusal by the Import Control or the Exchange
Control of the Colony to grant Import Licences for the purchase of the
necessary materials, construction plant and things required to complete the
undertaking in the United States of America, Canada, or other hard-currency
areas or the a necessary foreign exchange or permits for the employment and
payment of contractors, subcontractors, personnel and workmen from the United
States of America, Canada or other hard-currency areas or the inability to
obtain or employ the necessary labour or to obtain or secure the necessary
materials, equipment and things) it will- |
(1) within six
months of the signing of this Agreement install such necessary plant and
waterworks equipment on behalf of the Government as will supply the settlement
of Rock Sound and its environs with drinking water the said waterworks to be
initially instituted to supply up to thirty thousand (30,000) imperial gallons
a day; |
(2) for the
establishment of such waterworks, pumps, reservoirs, mains and the like, submit
plans and specifications to the Director of Public Works to be amended or
changed by mutual agreement as to technical requirements, period of operation,
hydraulic recuperation and the like and to avoid by all possible and
practicable means any early deterioration of the water bearing area having due
regard to the generally limited quantity of fresh water available, long
droughts, and the proximity of the sea on two sides of the proposed water works
and water reserve areas; |
(3) in the
carrying out of this covenant make such alterations, extensions and
improvements to the water main distribution at the settlement of Rock Sound and
its environs as may be or become necessary, so however that any proposals for
such extensions, improvements or alterations shall receive the prior approval
of the Director of Public Works who shall have the authority to request such
extensions, improvements or alterations as may be required for satisfactory
service. |
2. It is hereby
mutually agreed that: |
(1) the quality
of the drinking water shall be subject to control and supervision by the
Bahamas Government, in the person of the Director of Public Works and the Chief
Medical Officer covering salinity, purity and bacterial control. These officers
or persons deputed by them shall have access to any part of the water recovery
areas and mains to carry out such tests and sampling necessary for the proper
conduct and supervision of potable water supplies; | Control of purity. |
(2) should for
any reason the salinity of the water supply average 35 grains salt per imperial
gallon over a period of 30 days, the Director of Public Works shall request the
Company to replace the wells which have turned brackish, and relocate such
pumps in a saline free area; the Director of Public Works may indicate the area
and the number of pumps to be removed; | Salinity limits. |
(3) the
Director of Public Works shall have the authority to increase the limit of
salinity to higher concentrations of salt; | Increase of salinity. |
(4) for reasons
of the Public Health, the concentration of saline infiltration shall not exceed
100 grains (salt) per imperial gallon, or in the case of bacterial
contamination results in Faecal Contamination in samples of 10 c.c. or less in
which case the waterworks shall be shut down by the Chief Medical Officer until
the chlorination equipment is restored or the salinity reduced; | Shutdown of waterworks. |
(5) if the
salinity rises to a degree beyond which the water is no longer potable and the
water reserves are depleted, this agreement will be terminated without cost to
Government or prejudice to the Company; | Company unable to comply owing to natural causes. |
(6) in the
event that more than 30,000 gallons per day be required, the Director of Public
Works may order from time to time increases the sum of which shall not be more
than 10,000 gallons per day if the records show an average consumption of
30,000 gallons per day over 30 consecutive days; | Increase in supply. |
(7) the Company
shall set aside an area proved to contain potable water, this area to be known
as the Water Reserve Area; | Waterworks reserve areas. |
(8) it will be
the obligation of the Bahamas Government to make the necessary surveys and test
drillings to establish the acreage required for the Water Reserve Area. The
Director of Public Works shall from time to time inform the Governor in Council
of the extent of the proved reserve and shall prepare plans thereof which, on
being agreed to by the Company, shall become an integral part of this contract; | Government to make tests. |
(9) the
proposed waterworks area and Water Reserve area shall be kept free of
livestock, dwellings, buildings and construction, dumps, and anything which
might lead to the bacterial or chemical contamination of the water recovery
area in use or in reserve; | Protection of water reserves. |
(10) the company
shall collect the rates on a monthly (28 days) basis as follows- | The Company to collect rates. |
(a) the
supply of drinking water shall be subject to the following conditions and rates
which shall not exceed the Water Rates for New Providence. |
Domestic
purposes (For drinking, cooking, washing including 1 W.C. only): |
|
0-4,000 gals. @ 8/-
|
for a period of four
|
|
4,000-8,000 gals. @
10/-
|
weeks (28 days net).
|
|
Commercial:
|
Hotels,
food processing, laundries, bars, cafes, restaurants 9/-, irrespective of
quantity and period.
|
|
Ship
supply:
|
Service
16/- (primage and service fee) per 100 is 2/- up to 5,000 gals. 1/6, 5,000
gals. and over.
Meter
rental 1/8 for ½" or ¾" service.
|
|
(b) if
for any reason a consumer fails to discharge his water rates, he shall be
notified in writing that the service will be discontinued after thirty (30)
days of the issue of such a notice which shall be delivered by hand or
registered mail; |
(c) the
cost of making a water service connection (not exceeding 100 feet) shall be
£15. 5. 0d. per connection ½" to ¾" including 1" or £7. 10. 0d.
payable prior to making the service and £7. 10. 0d. payable over three (3)
quarters afterwards; |
(d) leaks
on consumers' premises which in the opinion of the Company may be due to causes
beyond the probable knowledge of the consumer, not being in a W.C., the
leaking or excess consumption shall be charged at 6/- per 1,000 gals. subject
to an appeal to the Board; [i]* |
(e) if
the meter is not operative the Company shall either base the probable
consumption on the average of at least three equivalent months, or in the event
the foregoing is not possible, the consumption may be assessed from the
reinstated meter over four (4) weeks; |
(f) any
consumer shall be allowed thirty (30) days in which to settle his water rates
for the previous quarter. The Company shall allow payments "on
account" on a thirty (30) days basis; |
(g) in
default of payment of water rates the Company may recover the outstanding sums
in Court; |
(h) all
water services such as standpipes, public offices, public schools, and public
institutions shall be charged at 9/- per thousand gallons; |
(11) in view of
the limitations in the available quantity of potable water, any commercial or
domestic consumer with more than 1 W.C. installed must be required to provide
independent sanitary water supplies to conserve the potable water. It shall be
the duty of the Company to consider all applications and to limit the quantity
of water supplies to hotels, rooming houses, camps, docks, factories,
restaurants, ship supply points, in relation to the quantity of potable water
safely to be obtained from the Water Reserve area. The Director of Public Works
having supervising powers shall inform the Governor in Council if, in his
opinion, permission has been granted for such supplies which may endanger the
quality and quantity of potable water available; | Conservation of potable water. |
(12) any
consumer, resident, or business concern within the water service area may in
the event of protest, dispute, or disagreement, or upon refusal by the Company
of a water service or supply, lodge his complaint with the Commissioner, who
shall in the first place negotiate with the Company for a settlement; | Protests. |
(13) because of
fluctuations in the value of the pound sterling in respect of the United States
dollar, or arising from "Minimum Wages" regulations or changes in
wages, salaries, cost of living, duty taxes, etc., the rates set out in
paragraph 10 may be revised upon representation by the Company to the Governor
in Council, or by the Governor in Council according to circumstances, should
such a change become imperative. Notice of at least 3 months will be required
for such a change; | Adjustment of indemnity. |
(14) this
agreement shall be in force for a period of five years from the date hereof and
if the same be not renewed by mutual agreement then if the Government shall
elect to operate the water supply system the Government shall within twelve
months from the expiration of this agreement purchase from the Company the
Company's then existing distribution system on an appraised value based upon
the cost of replacement; | Period of agreement. |
(15) in the event
the Company fails to implement the requests of the Director of Public Works, or
the Chief Medical Officer this and all similar matters of dispute under this
agreement shall be settled under The Arbitration Act, being Chapter 110 [ii]* of the Revised Laws of the Bahamas or
any statutory modification thereof; | Failure to comply. |
(16) this
Agreement to be construed and interpreted according to the Laws of the Bahama
Islands. |
IN WITNESS
WHEREOF the said Sir Robert de Stapeldon Stapledon, K.C.M.G., C.B.E., hath
hereunto set his hand and caused the Great Seal of the Bahama Islands to be
hereunto affixed the day and year first above written. |
By His Excellency's
command. |
Colonial
Secretary. |
IN WITNESS
WHEREOF the South Eleuthera Power and Light Company Limited has caused its
Common Seal to be hereunto affixed this day of in the
year of Our Lord One Thousand Nine Hundred and Sixty-two. |
The Common
Seal of the South Eleuthera Power and Light Company Limited was affixed hereto
by the of the said Company and the
said affixed his signature hereto in the presence of- |