WATERWORKS ORDINANCE

WATERWORKS ORDINANCE

CHAPTER 102.

WATERWORKS.

To provide for and regulate the supply of water.

[1st January, 1939.]

1. This Ordinance may be cited as the Waterworks Ordinance.

Interpretation of terms

2. In this Ordinance-

'authorized officer' includes the water authority and any person
subordinate to him authorized by the Governor perform any of the
functions of the water authority;

'chargeable water' means

(a)in the case of any premises entitled to a free allowance of
water, any consumption in excess of such free allowance;

(b)in the case of any premises not entitled to a free allowance of
water, the total consumption ;

'connexion to the main' includes the stop cock and length of piping
between such stop cock aiid the main;

'consumer' includes any person or persons or corporate body
supplied or applying to be supplied with or using water from the
waterworks, or who is liable for the payment of rates, or moneys
due or to become due under this Ordinance;

'consumption' means any quantity of water ascertained by meter as
having been used;

'fire service' includes any pipes and fittings used for the sole
purpose of supplying water to premises to combat fire;

'fittings' includes all taps, stop cocks, ball cocks, cold water cisterns,
hot water apparatus, flushing apparatus, or any other apparatus
or appliances used on an inside service in connexion with the
supply of water from the waterworks, except meters;





'gathering ground' means any surface of land or otherwise which
collects the rainfall for the purposes of the waterworks;

'inside service' includes all pipes and fittings beyond the connexion
to the main;

'licensed plumber' includes any person or persons or corporate body
licensed by the water authority to construct, alter or repair inside
services or fire services connected with or to be connected with
the waterworks;

includes any, pipe owned and maintained by the water
authority, including 'connexions to the main' ;

'meter' includes any appliance or device used to measure, ascertain or
regulate the amount of water taken or used from the waterworks;

'premises' includes any structure, building or part of a building, land
without buildings, or any pier, sea-wall or wharf in the waters of
the Colony;

'public standpipe' includes any fountain standpipe, valve, tap or
appliance provided and maintained by the water authority for the
purpose of supplying water to the public;

'quarter' means any three consecutive months;

'water authority' means the Director of Public Works or such other
person as the Govertior may appoint to administer, manage or
supervise the waterworks or water supply

'waterworks' includes all gathering grounds, reservoirs, dams, weirs,
tanks, cisterns, tunnels, filter beds, conduits, aqueducts, mains,
pipes, meters, fountains, sluices, valves, hydrants, pumps, prime
movers and all other structures or appliances used or constructed
for the storage, conveyance, supply, measurement or regulation
of water, and which 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;





Administration of waterworks.

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 the
water authority, subject to the general authority of the Governor.

Powers of the water authority.

5. It shall be lawful for the water authority to disconnect from the
waterworks the inside service to any premises without prejudice to any
water rate, meter rent or other sums due or to become due under this
Ordinance or the Rating Ordinance

(a)unless the consumer, within fourteen days from the date of
service of written notice in that behalf or such extended time
as the water authority may allow, gives an undertaking
satisfactory to the water authority to pay to the Accountant
General, quarterly or at such lesser periods as the water
authority may in any case determine, the amount due for
charges for water and for meter rent in accordance with
regulations;

(b)if default is made in the payment of any deposit which the
water authority may require or of any moneys due under this
Ordinance frorn the consumer for so long as the default
continues ;

(c)if the construction, alteration or repair of any inside service
by a consumer is not carried out to the satisfaction of the
water authority in accordance with the provisions of this
Ordinance or regulations; or if the construction, alteration or
repair of any inside service is carried out without the
approval of the water authority;

(d)if any consumer is found to be wilfully or negligently wasting
water supplied from the waterworks through the inside
service to his premises; or





(e)if any act or thing is done or omitted contrary to the
provisions of this Ordinance in relation to any damage,
alteration, pollution or abuse of the waterworks or of any
inside or fire service.

6. It shall be lawful for the water authority or any person duly
Authorized in writing by him, at any reasonable time or in the case of
urgency at any time, for the purposes hereinafter mentioned to enter
into and upon any premises into or upon which any inside service has
been laid for the supply of water from the waterworks, namely

(a)to inspect any inside service and to ascertain whether there
is any waste, leakage, obstruction, alteration, interference or
damage to any inside service or meter therein and anything
in connexion therewith,

(b) to regulate or repair any inside service or meter;

(c) to ascertain the consumption; or

(d)to disconnect the inside service to any premises or to
diminish, withhold or suspend, stop, turn off or divert the
supply of water to any premises through or by means of any
inside service either wholly or in part.

7. It shall be lawful for the water authority to restrict,
diminish, withhold or suspend, stop, turn off or divert the
supply of water through or by means of any main, inside
service or public standpipe, either wholly or in part, when-
ever the water authority may think fit, and without preJudice
to any water rate, meter rent or other sums due or to become
due under this Ordinance and without compensation for any
damage or loss which may result-

(a) whenever the available supply of water from the
waterworks shall in the opinion of the water
authority be insufficient;

(b)whenever it may be expedient or necessary for the purpose
of extending, altering, testing or repairing the waterworks or
for the purpose of the connexion of inside or fire services;

(c)whenever any public standpipe is damaged or the waters
thereof are polluted or wasted;

(d) in case of an outbreak of fire; or





(e) in case. of a breakdown in the waterworks.

8. It shall be lawful for the water authority to fix public standpipes
together with the connexions to the waterworks in or over any lane or
street over land held under lease from the Crown.

9. It shall be lawful for the water authority to fix the amount of and
to demand in advance deposits from consumers to cover the amount
due or to become due for meter rent and for chargeable water at any
premises and for work to be carried out by the water authority at the
cost of a consumer. Such deposits may be held by the Accountant
General for such time as the water authority shall direct and shall bear
no interest and may, in the discretion of the water authority and
without prejudice to his powers under section 5, be applied to the
payment of any money in respect of which the deposit was made and
which has not been duly paid in accordance with regulations.

Inside services.

10. Any consumer may arrange with a licensed plumber to
construct an inside service in premises for the supply of water from the
waterworks. The construction of the inside service and the nature, size
and quality of the materials and fittings shall be in accordance with
regulations and on the completion of the service to the satisfaction of
the water authority it shall be connected by the water authority to the
waterworks subject to payment of the charges for such connexion as
prescribed by such regulations and subject to the consumer giving the
undertaking required by section 5 :

Provided that, except when so directed by the Governor in
Council, the water authority shall be under no obligation to connect
with the waterworks the inside services of any premises which are
more than two hundred yards from a main, or which are at an altitude
higher than that to which water from the waterworks can be supplied
by gravitation

Provided also that nothing in this section shall be deemed to
restrict the drawing of water by any person from public standpipes in
districts where public standpipes are provided.

11. The cost of constructing, altering or repairing all inside
services shall be borne by the consumer.





12. The water authority may, in his discretion, repair any part of an
inside service at the request of a consumer, and on completion thereof
the consumer shall pay the cost of the repair at such time and place as
may be prescribed by regulations.

13. In the case of any existing inside service or of any inside
service that may hereafter be constructed, the connexion to the main
shall be a part of the waterworks.

14. All water supplied to premises through inside services shall be
measured by meter in the manner prescribed by regulations.

Gathering grounds

15. The Governor shall cause. the limits or areas of all existing
gathering grounds to be mapped and thereafter no land not then
already leased by the Crown shall be granted, demised or sold within
such limits or areas for any purpose whatsoever :

Provided that, if the water authority be satisfied that it is
practicable to drain any land situated either wholly or partially within
the limits of any gathering ground in such a way as to prevent any
portion of the waterworks becoming contaminated, the Governor may
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 inade and
kept for public reference in the office of the water authority.

16. Whenever the Governor in Council decides that a gathering
ground is required for the purpose of extending or augmenting the
water supply, the water authority shall cause the limits or area thereof
to be mapped as in section 15 and thereafter, if in the opinion of the
Governor in Council any land held under lease frorn the Crown within
such area is required for any purpose connected with the waterworks,
including the protection thereof from contamination, such purpose
shall be deemed to be a public purpose within the meaning of the
Crown Lands Resumption Ordinance.





Moneys due.

17. All moneys, other than penalties or fines, payable or
recoverable under this Ordinance shall be recoverable at the suit of the
Accountant General 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.

18. 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.

Offences and penalties.

19. Any person who wilfully or negligently misuses or wastes or
allows to be misused or wasted any water supplied from the
waterworks either through a metered service or public standpipe shall
be liable on summary conviction to a fine of one thousand dollars.

20. Any person who in any public street, road or lane washes
clothes at or near a public standpipe with water therefrom shall be
liable on sumniary conviction to a fine of five hundred dollars.

21. Any person who wilfully or negligently injures the
waterworks, or unlawfully draws off, diverts or takes water from the
same or from any stream or waters by which the waterworks are
supplied, or alters or causes or permits any inside service to be altered
without the approval of the water authority, shall be liable on summary
conviction to a fine of one thousand dollars.

22. Any person who alters or causes or permits to be
altered any inside service with intent to avoid the accurate
measurement of water by means of any meter, or who
wilfully or negligently interferes with or injures any meter,
shall be liable on summary conviction to a fine of two
hundred and fifty dollars and any inside service so altered
or meter so injured or interfered with shall be replaced or





repaired by the water authority and the cost of such replacement or
repair may be recovered upon the order of a magistrate from the
person convicted in the same manner as a fine.

23. Any unauthorized person who interferes with or opens or
shuts any valve or hydrant or stop cock belonging to the waterworks
shall be liable on summary conviction to a fine of one thousand

24. Any person who takes any water from the waterworks except
through a metered inside service or from a public standpipe without the
permission of the water authority shall be liable on summary conviction
to a fine of one thousand dollars.

25. (1) Any person who deposits or allows to be
deposited any earth, material or liquid in such manner or
place that it may be washed, fall or be carried into the water-
works shall be liable on summary conviction to a fine of one
thousand dollars, and if such earth, material or liquid is
allowed to remain so deposited after nofice in writing from
the water authority requiring it to be removed has been
given to such person he shall be liable to a further fine of
one hundred dollars for each day during which the offence
continues.

(2) Any person who bathes, washes his person or enters in any
part or any water of the waterworks, or washes, throws or causes to
enter therein any creature, alive or dead, or any thing, shall be liable on
summary conviction to a fine of two hundred and fifty dollars.

26. Every breach of this Ordinance or regulations for which no
penalty is by this Ordinance otherwise expressly provided shall be
punishable on summary conviction by a fine of five hundred dollars.

27. In any complaint or proceedings under this Ordinance the
water authority may be represented by an authorized officer.

28. No fine or punishment imposed under this Ordinance or
regulations shall affect or prejudice the powers of the water authority
under section 5.





Regulations.

29. The Governor in Council may by regulations provide for

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

(b)the time and place for the payment of all moneys due
or to become due under this Ordinance;

(c) deposits to be made by consumers;

(d) fees and the payment thereof;

(c) the price of water.;

free allowances of water to approved hospitals,
charitable institutions or other premises;

(g)the fixing of meters, the amount of meter rents and the
ascertaining of the consumption at any premises;

(h)the notification of restriction or suspension of the water
supply;

(i)the disconnexion of the water supply from a consumer;

(j) the licensing of plumbers;

(k)the standards required for pipes and fittings to be used
on inside and fire services;

(l)the construction, alteration and maintenance of inside
and fire services including the keeping of such services
clean;

(m) notification to consumers that any inside or fire service
is defective;

(n) the prevention of waste of water;

(o)the taking of water from public standpipes, the
regulation or restriction of the persons resorting or
desiring to resort thereto, the apportionment or





rationing or restriction of the supplies which may be taken
therefrom and the giving of powers to police officers and
others with a view to such regulation, apportionment,
rationing and restriction;

(p)the use of water from the waterworks for flushing water
closets, latrines and urinals;

(q)the use of water from the waterworks for air conditioning
plants aiid swimming pools;

(r) the taking of fish in reservoirs;

(s)prescribing any thing which is by this Ordinance to be
prescribed. bv regulations;

(t)all such matters not hereinbefore specifically mentioned as
may conduce to the better and rnore effective carrying out of
this Ordinance.
20 of 1938. 2 of 1940. 22 of 1950. Short title. Interpretation. Custody and administration of waterworks. Appointment of officers. Power to disconnect and inside service. (Cap. 116.) 2 of 1940, s. 2. Power of entry into premises. Power to restrict suspend, etc., the supply of water. [s. 7 cont.] Power to fix public standpipes in private streets. Power to demand deposits. Construction and connexion of insi9de services. Cost, by whom borne. Inside services may be repaired by water authority. Connexion to the main to be part of the waterworks. Inside services to be metered. Mapping of gathering grounds. Establishment of new gathering grounds. (Cap. 124.) Recovery of moneys. Proof of moneys due. Waste. 22 of 1950, Schedule. Washing clothes near public standpipes. 22 of 1950, Schedule. Injury or alteration of waterworks or inside services. 22 of 1950, Schedule. Fraudulent measurement. Interference with valves, etc. 22 of 1950, Schedule. Water from unauthorized service. 22 of 1950, Schedule. Pollution. 22 of 1950, Schedule. Penalties for breaches not provided for. 22 of 1950, Schedule. Representation of water authority. Penalties not to prejudice powers of water authority. Regulations to be made by Governor in Council.

20 of 1938. 2 of 1940. 22 of 1950. Short title. Interpretation. Custody and administration of waterworks. Appointment of officers. Power to disconnect and inside service. (Cap. 116.) 2 of 1940, s. 2. Power of entry into premises. Power to restrict suspend, etc., the supply of water. [s. 7 cont.] Power to fix public standpipes in private streets. Power to demand deposits. Construction and connexion of insi9de services. Cost, by whom borne. Inside services may be repaired by water authority. Connexion to the main to be part of the waterworks. Inside services to be metered. Mapping of gathering grounds. Establishment of new gathering grounds. (Cap. 124.) Recovery of moneys. Proof of moneys due. Waste. 22 of 1950, Schedule. Washing clothes near public standpipes. 22 of 1950, Schedule. Injury or alteration of waterworks or inside services. 22 of 1950, Schedule. Fraudulent measurement. Interference with valves, etc. 22 of 1950, Schedule. Water from unauthorized service. 22 of 1950, Schedule. Pollution. 22 of 1950, Schedule. Penalties for breaches not provided for. 22 of 1950, Schedule. Representation of water authority. Penalties not to prejudice powers of water authority. Regulations to be made by Governor in Council.

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