WATERWORKS ORDINANCE, 1903

WATERWORKS ORDINANCE, 1903

No. 16 of 1903.
An Ordinance to provide for and regulate the supply of
water.
[25th Sept., 1903.]

1. This Ordinance rnay be cited as the Waterworks Ordi-
nance, 1903.

2. In this Ordinance,
(a) Excess consumption means-

(i) in the case of a tenement which is not rated, any
quantity of water ascertained by meter as having been used
in such tenement;





(ii) in the case of a tenement which is rated, any quantity
of water ascertained by meter as having been used in such
tenement in excess of aquarterly allowance which, at forty
cents perthousand gallons, would be equal to one-half per
cent. of the annual reteable value of the said tenement;

(iii) in the case of hospitals or chartiable instistutions,any
quantity of water ascertained by meter as having been used
in excess of twenty gallons or fifteen gallons per head per
day respectively.

(b) Gathering ground means any surface of land or
otherwise which collects the rainfall for the purposes of the
waterworks.

(c) General rates mean rates determined pursuant to
the Rating ordinance, 1901, or by any resolution of the
legislative council under section 31 of that Ordinance.

(d) Meter means any appliance used to meausure,
ascertain, or regulate the amount of water taken or used
from the waterworks by means of any service, as well as any
orifice or gauge or other applliance used inestimating the
flow of water in or from any part of the waterworks.

(e) Owner means the holder of any tenement direct
from the Crown whether under lease, licence, or otherwise,
or the immediate landlord of any tenement, or the agent of
any such holder or landlord who is absent or under disability,
of if there is no such agaent the occupier of the tenement.

(f) Principal main means any other than a rider-main.

(g) Pbulic fountain means any fountain, stand-post,
valve, tap, or appliance used or intended to be used for or in
connexion with the supply of water to the public from the
waterworks, and erected or hereafter to be erected by the
Water Authority, and which is the property of the Govern-
ment.

(h) Rider-main means any main within a rider-main
district so arranged as to facilitate the control by the Water
Authority of the water supply to any tenement or tenements.

(i) Rider-main district means any district defined by
the Governor in Council as a district within which the water
supply is to be controlled by means of rider-mains.




(i) Service means, all pipes, valves, cisterns, cocks,
fittings, and other appliances (excepting any meter -,'is herein
defined) by.or through which water flows or is intended to
flow from the waterworks, or which are or may be used for
the purpose of supplying any tenement from. the
and which service is the property of the owner ol. occupier
of stich tenement.
(k) Tenement means any land with or without build-
ings which is held or occupied as a distinct or separate
holding or tenancy, or any wharf or pier in the waters of the
Colony.

(1) Water A Lithority means.the Director of Public
Works or such other person or persons ' or body corporate as
the Governor in Council may appoint to manage or supervise
the waterworks ol. water supply.

(m) Waterworks mean all reservoirs, dams, weirs,
tanks, cisterns, tunnels, filter beds, conduits, aqueducts,
mains, pipes, fountains, sluices, valves, pumps, steam.
engines, and all other structures or appliances -used or
constructed for the storage, conveyance, supply, measure-
ment or regulation of water which are so used or have been
constructed by or on behalf of the Government and are the
property thereof, or which shall hereafter be used or
constructed by the Water Authority.

Custody of waterwot ks.

3. The Water Authority . Shall have the custody and
administration of the waterworks and of the water therein
and the management of the supply or distribution of such
water, subject to the general authority of the Governor in
Council.

4. The Governor shall appoint suitable officers to carry
out the provisions of this Ordinance, who shall be under
the control of theWater Authority, subject ot the general
authority of the Governor.

Powers: of Water Authority.

5. It shall be lawful for the Water Authority to disconnect
the service to any tenement which is not connected with a
rider-main and to refuse. to reconnect the same unless the
owner shall give an undertaking to pay quarterly to the





Treasurer the amount due for excess consumption and for
meter rent as ascertained in accordance with the provisions
of any regulations made hereunder. If any owner declines
or neglects to give such undertaking within a period of
fourteen days from the date of notice in writing having been
served on him by the Water Authority, or within such
extended period as may be conceded by the Water Authority,
it shall be lawful for the said Water Authority to disconnect
the service of the said tenement as aforesaid.

6. It shall be lawJul for the. Water Anthority to lay rider-
mains in any rider-main district and thereafter to disconnect
all services from the principal mains and to connect the
same to such rider-mains, unless the sanction of the
Governor in Council shall have been obtained for the
retention of aily such service connected with the principal
main.

It shall be lawful for the Wa ter Authority--- or: any
person duly authorised in writing by him at any time
between 6 a.m. and 6 p.m., or in the case of urgency at, any
other time, for the purposes hereinafter mentioned to enter
into and upon any tenement into or upon which any service
has been laid or into or upon which water from the water-
works is supplied or flows-
(1) to inspect any service and to ascertaln whether there
is any waste, leakage, obstruction, or damage to any service
or meter therein and anything in connexion therewith; or

(2) to regulate, repair, alter, or make additions to any
service or meter; or
(3) to' ascertain the amount of water taken or used; or

(4) to disconnect the service of water to any tenement or
to diminish, withhold, or suspend, ' stop, turn off, or divert
the supply of water to any tenement through orby means of
any service either wholly or in part.

8. It shall be lawful for the Water Authority to diminish,
withhold, or suspend, stop, turn off, or divert the supply of
water through or by means of any service or public fountain
either wholly or in part, or whenever such Water Authority
may think fit, and without prejudice to any water rate,
meter rent, or other sunis due or to become due under this
Ordinance-





(1) whenever the available supply of water frorn. the
waterworks shall in the opinion of the Water Authourity be
instifficient; or
(2) whenever it may be expedient or necessary for the
purpose of extending, altering, or repairing the waterworks
or for the purpose of the connexion of services; or
(3) whenever any public fountain is damaged or the
waters thereof are polluted or wasted, and the person by
whose act, neglect, or default such damage, polltition, or
waste has occurred cannot be found; or
(4) if the construction or laying of any service by the
owner of any tenement is not made, altered, or readjusted in
accordance with the provisions of this Ordinance; or

(5) if default is made in the payment of any moneys due
under this Ordinance from the owner of any tenement, or so
long as such default continues, or at the request of the owner
of the tenement; or
(6) in case of fire; or

(7) if any act or thing is done or omitted contrary to the

provisions of this.Ordinance in relation to any damage, waste,
pollution, or abuse of the waterworks or any service, ineter,
or public fountain:

Provided that in the case of tenements supplied by rider-
mains, the Water Authority shall have power to diminish the
supply of water whenever and to such extent as in his
opinion it may be desirable to do so.

9. It shall be lawful for the Wate r Authority to construct
rider-mains ill or over any lane or street over land held
under lease from the Crown, provided that such extent or street.
is situated in a rider-main district.

10. It shall be lawful for the Water Authority to construct
public fountains and connexions with the mains in or over
any lane or street over land held tinder lease froin the Crown.

Payment of cost of rider-mains.

11. The cost of constructing any rider-main shall be borne
in equal shares per tenement by the owners of the tenements
which such rider-main is designed to,serve, whether ser ices

to such tenements are subsequently connected with it or not.
The cost of disconnecting any service from an principal

main and connecting it with any rider-main shall be borne
by the owner of the tenement to which such service is laid.
The Water Authority shall determine what tenements are
designed to be servedby any rider-main, and the cost of
such rider-main shall be apportioned by the Water Authority
among the owners of such tenements. The cost of the rider-
mains and connexions shall include a sum not exceeding
fifteen, per. cent on the cost of the labour and materials to
defray the cost of supervision and other charges.

Construction of services.
12. Any person owning or occupying any tenement may
construct a service ' thereto for the supply of water from the
wdterworks. The construction of the service and the nature,
size and quality ol the materials and fittings shall be in
accordance with regulations, and, on the completion thereof
to the satisfaction of the Water Authority, it shall be connect-
ed by the Water Authority to the waterworks subject to
,payment of the fee specified for such connexion in. the
regmlations,'and in the case of any tenement situate outside
a rider-main district, or in the case of any tenement situate
within a rider-main district in respect of which the sanction
of the Governor in Council for a connexion with any
principal main has been obtained, subject to the owner giving
the undertaking required by section 5:

Provided always that
.(1) in the case, of a tenement situate withi n a rider-main
district, the service to any tenement shall be connected with
a rider
-main unless the sanction of the Governor in Council
for a connexion with any principal main shall have been
obtained ; or
(2 in the case of a tenement situate outside the City of
Victoria or situate in Kowloon or the New Territories, save
and except when so directed by the Governor in Council, the
Water Authority shall be under no obligation to connect
the service with the waterworks where in the opinion of the
Water Autborit there is an adequate provision of public
fountains.

13. The expenses of constructing, altering,- or readjusting
all services shall be borne by the owner .of the tenement to
which such services are laid.





14. The Water Authority may, in his discretion, construct,
alter, and repair any service at the request of, the ol.
occupier, and on completion thereof the person so requesting

shall pay the cost and expenses thereof at such time. and
place. as may be prescribed by regulations.

15. In the case of ally existing service or of ally service
that may hereafter be constructed, the stop-cock and length
of piping between such stop-cock -and the main shall. be. the
property of the Governinent.

16. Water supplied to any tenement through any service
which is. not connected with a rider-main shall be meas-ared
by meter. Such meter shall be kept in repair by the M7ater
Authority.

17. All payments for excess consumption shall be final,
and no person shall be entitled to set off an excess consump-
tign in one quarter against a less amount used in, any other
quarter.
Is. 18, rep. No. 12 of 1912.]

Gathering grounds.

19. The Governor shall cause the limits or areas of all
existing gathering grounds to be marked out and defined by
boundary stones or in solne conspicuous and permanent
manner, and thereafter no land not then already leased by
the Crown shall be granted, demised, or sold within suell.
limits or areas for any purpose whatsoever: Provided that,
if the birector ol' Pul-flic Works shall bc satisfied that it is
practicable to drain any land situated' either wholly ol.
partially within the limits of any gathering ground in. such a
way as ito obviate the possibility of any portion of the water-
works becoming contaminated, the GoVernor in Council inay
grant, demise, or sell such * land, subject to such conditions
and restrictions as to drainage as may be deemed advisable.

A map showing clearly. such limits and areas shall be
made and kept for public reference in the office of the Water
Authority.





20. Whenever the Governor in Council decides that a
gathering ground is required for the purpose of extending or
augmentipg the water supply, the Water Authority shall
cause the limits or area thereof to be marked out, defined,
and mapped as. in section 19, and thereafter no land not then
already leased by the Crown shall be granted, demised, or
otherwise disposed of within such limits or area for any
purpose whatsoever except . upon the express condition that
such land may be resumed by the Crown at any time, without
compensation for such resumption -upon three years notice of
such intention having been first given to the owner thereof.

Recovery of moneys.
21. All. moneys, other than penalties or fines, payable or
recoverable under this Ordinance shall be recoverable at the
suit of the Treasurer in the summary jurisdiction of the
Supreme Court together with interest thereon at a rate not
exceeding eight per cent. per annum, and any judgment
given or order made shall be enforced in the same manner
in which any judgment or order may be enforced in any
other action in the Supreme Court.

22. In any such action a certificate under the hand of the
Water Authority that any sum.of money is due shall, in the
absence of evidence to the contrary be conclusive evidence
of such debt and of the non-payment thereof.

Regulations.
28. It shall be lawful for the Governor in Council to make
regulations for the better carrying ont of the provisions of

this Ordinance in respect of all or any of the following
matters:-
(1) the price of water supplied by meter, such price not
to exceed one dollar per thousand gallons;

(2) the amount of rent to be paid for meters;
(3) the method and manner in which water may be taken
from the. public lountains;
1 (4) the price to be paid for all services constructed or laid
by the Water Authority;
(5) the time and place for the payment of all moneys due
or to become due under this Ordinance;

As ameuded by Law Rev. Ord., H24.





(6) the suspension of the'water supply;

the construction, laying, fitting, alteration or readjust-
ment of services, and the nature, quality, size and pattern
thereof and of meters used therewith;

(8) the prevention of waste of water;,

(9) the duties of the officers and servants of the Water
Authority, their propel. behaviour and condiict, and the
means of summarily enforcing the same if necessary by fines
not exceeding in any case twenty-five dollars

(10) the forms of all notices required to be given or sent
under this'Ordinance and the issuing and service thereof ; and

(11) in respect of all such other matters riot hereinbefore
specifically mentioned as may conduce to the better and inore
effective carrying out of this Ordinance.

Offences and penaltlies.

24. Every person who wilfully and negligently injures
the waterworks, public fountains, services, or meters, or
unlawfully draws off, diverts, or takes water from the same
or from any streams or waters by which the waterworks are'
supplied, and every person who pollutes any such water or
allows any foul liquid gas or other noxians or injurious matter

to enter into the. waterworks or any services connected
therewith, shall be liable to a fine not exceeding one hundred
dollars, and to a ftirther fine not exceeding five dollars for
each day whilst the offence continues.

25. Every person who wilfully or negligently iniSIASCS or
wastes or causes or allows to be misused or wasted ally water
passing into, through, or upon, or near any teneinent frorn
the waterworks shall be liable to a fine not exceeding twenty-
five dollars. The liability to such fine shall not prejudice
the remedy by suspension of supply or otherwise as provided
by section 8.

26. Every person who alters, or causes or permits to be
altered, any service without the consent of the Water
Authority or contrary to any regulations shall be liable to a
fine. not exceeding fifty dollars.

As amended by. Law Rev., Ord., 1924.





27. Every person who alters, or causes or permits to be
altered, ally service with intent to avoid the accurate measure-
ment or register of water by means of any nieter, or to obtain
a greater supply of water than he is entitled to and to avoid
payment therefor, or who wilfully or negligently injures
ally meter, shall be liable to a fine not exceeding two hundred
dollars, and any service so altered or meter so injured shall
be replaced or repaired by the Water Authority at the expense
of the person convicted, and the cost of replacing or repairing
any such service or matter may be recovered upon the order
of a magistrate in the same manner as any penalty herein
provided may bc recovered upon conviction.

28.. Every person who puts, orallows to be put or to remain
or to accumulate, on any tenelnent occupied or owned by him
or'his servants, or who does not remove or cause, to be
removed or take such steps as may be necessary to prevent,
npon notice in writing from the water Authority, any foul,
noisome, or injurious matter or any earth, deposit or excavated
material in such manner or place that it may be washed, fall,
or be carried into the waterworks or the gathering. grounds
thereof, shall be liable to a fine not exceeding one hundred
dollars, and for every day during which such matter, earth,
deposits or excavated materials are allowed to remain after
notice in writing froin the Water Authority requiring the
same to be removed, to a ftirther fine of ten dollars for each
day whilst the offence continues.

29. Every person who-

(1) bathes in my part of the waterworks; or
(2)~. washes, throivs, or causes to enter therein any horse,
dog, goat, pig, or other animal, or any clothes, material or
thing; or

(3) wronghilly opens or closes any cock, valve, or sluice
belonging to the waterworks,
shall be liable to a fine liot, exceeding one hundred dollars.

30. The breaches of any 'regulations inade under this 1
Ordinance the penalty for which, is not otherwise hereby
specially provided shall be punishable by fines not exceeding
twenty-five dollars.

Asamended by Law Rev, Ord', 1924,





All penalties under this Ordinance may -be recovered
on summary conviction and shall be in addition to any other
remedy or proceeding, whether civil or criminal, which may
be taken pLirsuant to aRy other enactment in force in the
Colony.
[s. 32, rep.. No. 12 of 1912.]

No. 17 of 1903, repealed by No. 8 of 1912.

No. 18 of 1903, repealed by No. 5 of 1905,

No. 19 of 1903, repealed by No. 42 of 1912.

No. 20 of 1903, repealed by No. 31 of

No. 21 of 1903, repealed by No. 34 of 19.1.0.

No. 22 of 1903, repealed by No. 2 of 1904.

No. 23 of 1903, incorporated in No. 1 of 1903.

No. 24 of 1903.
An Ordinance to provide for payment of counsel's fees in
certain cases in which the Attorney General appears.

[30th December, 1903.]

1. This Ordin ance may be cited as the Crmyn Counsel's
Fees Ordinance, 1903.

If in any cause or proceeding before any court or
tribunal any party, for whom the Attorney General appears
or acts as counsel, obtains an order for costs aganist any
other party, such costs shall, unless the court or tribunal
otherwise orders, include counsel's fees and shall be taxed
against and payable by the party against whom the order is
made.

As amended by Law Rev. Ord., 1924.
[Originally No. 16 of 1903. Law Rev. Ord., 1924.] Short title. Interpretation. [s. 2 contd.] Ordinance No. 6 of 1901. Custody and administration of waterworks. Appointment of officers. Power to disconnect service. Power to lay rider-mains. Power of entry. Power to suspend, etc., supply of water. Power to construct rider-mains over land leased from the Crown. Power to construct fountains in private streets Cost of construction of rider-mains. Construction and connexion of services. Expenses by whom borne. Services may be constructed by Water Authority. Stop-cocks and connexions to be the property of the Government. Water supplied only be meter. Payments for excess consumption to be final. Demarcation of gathering grounds. Reservation of gathering grounds. Recovery of moneys. Proof of moneys due. Regulations. Injury, pollution, etc. Waste, etc. Altering service. Fraudulent measurement. Foul accumulation of earth. Bathing washing, etc. Penalties for breaches not provided for. Recovery of penalties. [Originally No. 24 of 1903. Law Rev. Ord., 1924.] Short title. Taxation of Attorney General's fees in costs against parties to actions.

[Originally No. 16 of 1903. Law Rev. Ord., 1924.] Short title. Interpretation. [s. 2 contd.] Ordinance No. 6 of 1901. Custody and administration of waterworks. Appointment of officers. Power to disconnect service. Power to lay rider-mains. Power of entry. Power to suspend, etc., supply of water. Power to construct rider-mains over land leased from the Crown. Power to construct fountains in private streets Cost of construction of rider-mains. Construction and connexion of services. Expenses by whom borne. Services may be constructed by Water Authority. Stop-cocks and connexions to be the property of the Government. Water supplied only be meter. Payments for excess consumption to be final. Demarcation of gathering grounds. Reservation of gathering grounds. Recovery of moneys. Proof of moneys due. Regulations. Injury, pollution, etc. Waste, etc. Altering service. Fraudulent measurement. Foul accumulation of earth. Bathing washing, etc. Penalties for breaches not provided for. Recovery of penalties. [Originally No. 24 of 1903. Law Rev. Ord., 1924.] Short title. Taxation of Attorney General's fees in costs against parties to actions.

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