WATERWORKS ORDINANCE, 1903

WATERWORKS ORDINANCE, 1903

No. 16 of 1903.

To proride for and regulate the Supply of Water.

1. The Waterworks Ordinance, 1903.

2. In this Ordinance,-

Excess consumption,' means-

[25th Sept., 1903.]

- (a) in the case of a tenement which is not rated, any quantity of
water ascertained by meter as having been used in such tenement;
(b) 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 a quarterly allowance which, at 40 cents per 1,000
gallons, would be equal to one-half per centuni of the annual rate-
able value of the said tenement;
(c) in the case of hospitals or charitable institutions, any
quantity of water ascertained by mater as having been used. in
excess of 20 gallons or 15 gallons per head per day respectively:

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

* As amended by No. 12 of 1912 and No. 13 of 1912.
+ As amended by No. 30 of 1911, No. 12 of 1912 and No. 21 of 1912.
As amended by No. 12 of 1912, No. 1.3 of 1912 and No. 43 of 1912
Supp. Sched.
As amended by No. 12 of 1912.
As amended by No. 12 of 191% No. 13 of 1912, No. 2t of 1912 and
No. 43 of 1912 Supp. Sched.
~~e





---General rates---mean rates determined pursuant to the Rating
Ordinance. or by any resolution of the Legislative Council under
section 31 of that Ordinance :

---Meter--- means any appliance used to measure, ascertain, or
regulate the amount of water taken or used froni the waterworks
by ineans of any service, as well as any orifice or gauge or
other appliance used in estimating the flow of water in or from any
part of the waterworks:

---Owner ' ineans the holder of any tenement direct from the
Crown whether. under lease, licence, or otherwise, or the iminediate~
landlord of any lenement, or the agent of any such holder or
landlord who is absent or under disability, or if there is no such
agent the occupier of the tenement :

' Principal main '. ' means any other than a rider-niain.

---Public fountain--- ineans any fountain, stand-post, valve, tap,
or appliance used or intended to be used for or in connection with
the supply of water to the public from the waterworks, and erected
or hereafter to be erected by the Water Antliorlly, and which Is the
property of the Government
---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 :
---Rider-main district--- means any district defined by the
(yovernor-in-Council as a district within which the water supply is
to be controlled by means of rider-mains:
---Service--- means all pipes, valves, cisterns, cocks, fittings, and
other appliances (excepting any meter as herein defined) by or
through which water flows or is intended to flow from the water-
works, or which are or may be used for the purpose of supplying
any tenement from the waterworks, and which service is the
property of the owner or occupier of such tenernent :
---Tenement ' means any land with or without buildings which
is held or occupied as a distinct or separate holding or tenancy, or
any wharf or pier in the waters of the Colony:

---Water Authority---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 watetworksor
water swply:





---Waterworks'mean all reservoirs, dams, weirs, tanks, cis-
terns, 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, measurement 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 Waterworks
3. The Water Authority shall have the custody and administra-
tion of the waterworks and of the water therein and the manage-
merit of the supply or distribution of such water, subject to the
general authority of the Grovernor-in- Council.

4. The Governor shall appoint. sintable officers to carry out the
provisions of this Ordinance, who shall be under the control of the
Water Authority, subject to the generai authority of the Governor.

Poicers of Water Authority.
5. It shall be lawful for the M`ater Authority to disconnect the
service to any tenement which is not connected with a rider-main
and to refuse to re-connect the saine 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 accord-
ance with the provisions of any regulations made hereunder. If
any owner declines or neglects to give such undertaking within a,
period of 14 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 later Authority, it shall
be lawful for the said Water Authority to disconnect the service of
the said tenement as aforesaid.

6. It shall be lawful for the Water Authority to lay rider-mains
in any rider-niain district and thereafler to disconnect. all services
from the principal ma ins and to connect the same to such rider-
mains, unless the sanctio'n of the Governor-in-Council shall have
been obtained for the retentionof any such service connected with
the principal main.

As arnended by No. 12 of 1912.
As ainended by No. 12 of 1912 and No. 13 of 1912.
As ameni~ed by No. 50 of 1911 and No. 18 of 1912,





7. It shall be lawful for the Water Authority or any person duly
authorised in writing by him at any time between 6 a.m. and 6
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 waterworks is supplied or flows:-
(1) to inspect any service and to ascertain whether there is any
waste, leakage, obstruction, or dainage to any service or meter
therein and anything in connection therewith ; or
(2) to regulate, repair, alter, or inake 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, withhola, or suspend, stop, turn off, or divert the supply
of water to any tenement through oi by meaus of any service either
wholly or in part.

8. It shall be lawful for the M.Tater 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 NVater Authority may think fit, and
without prejudice to any water rate, ineter rent, or other sums due
or to become due under this Ordinance:-

(1) whenever the available supply of water from the waterworks
shall in the opinion of the Water Authority be insufficient; or
(22) whenever it may be expedient or necessary for the purpose
of extending altering, or repairing the waterworks or for the
purpose of the connection 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, pollution, or waste has occurred
cannot be found; or

(4) if the construction or laying of any service by the owner of
anv tenement is not made, altered, or readjusted in accordance with
the provisions of this Ordinance,; or
(5) if default be made in the payment of any moneys due under,
this Ordinance from the owner of any tenement, or so long as such

As arnended by No. 13 of 1912.
As amended by No. 12 of 1912..





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 be 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, meter, 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 Water Authority to construct rider-
mains in or over any lane or street over land held under lease from
the Crown, provided that such lane or street is situated in a rider-
main district.

10. It shall be lawful for the Water Authorily lo construct public
fountains and connections with the n4ains in or over any lane or
street over land held under lease from 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 services to such
tenements are subsequently connected with it or not. The cost of
disconnecting any service from any 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 Watei Authority shall
determine what tenements are designed to be served by 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 connections shall include a sum not
exe6eding 15 per centum on the, cost of the labour and materials to
defray the cost of supervision and other charges.

Construction of Serrices.
12. Any person owning or occupying any tenement may construct
a sevice thereto for the supply of water from the waterworks. The
construction of the service and the nature, size and quality of the

* As amei~ded by l~o. 12 of 1912.





materials and fittings shall be in accordance with regulations, and
on the completion thereof to the satisfaction of the Water Authority
it shall be connected by the Water Authority to the waterworks
subject to payment of the fee specified for such connection in the
regulations, and in the case of any tenement situate outside a
rider-ina.in district, or in the, case ef any tenement situate within
a ride-main district in respect of which the sanction of the
Governor-in-Council for a.connection 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 within 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 connection
with any principal main shall have been obtained; or

(2) in the case of a, tenement sittiate. outside the Critv of Victoria
or situate in Kowloon or the INew Territories, save and except when
so directed by the Governor-in-Coucil, the Water Authority shall
be tinder no obligation to connect the service with the waterworks
where in 'the opinion of the Water Authority there is an adequate
provision of public fountalns.

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 Ins, discretion, construct, alter,
and repair any service at the request of the owner or occupier, and
on completion thereof the person so requesting shall pay the cost
and expenses thereof at such tinie and place as may be prescribed
by regulations.

15. In the case of any existing service or J any 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 Govern-
ment.

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

* As arnended by No. 12 of 1912.





17. All payments. for excess consumption shall be final, and no 1
person shall be entitled to set off an excesscomsumption in one

quarter against a less amount used in ans other quarter.

[s.' 18, rep. No. 12 of 19121.]

Gathering

19. The Governor shall cause the limits or areass of all existing 1
gathering grounds to be marked out and defined by boundary stones
or . in some conspicuous and perniatient manner ,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 Director of Public Works shall be
satisfied that it is praticable to drain any land situated either wholly
or partially within the limits of any gathering ground in such a way
as to obviate the possibility of any portion of the waterworks
becoming contaminated, the Governor-in-Council rnay grant,,
dernise, or sell such land, subject to such conditions and restrictions
as to drainage as may be deen-ted 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 augmenting the
water supply the Water Authority shall cause the limits or area
thereof to be Anarked out, defined, and mapped as in the last
section, and thereafter no land not then already leased by the Crown
shall be granted, deniised, or otherwise disposed of within such
limits or area for any purpose whatsoever except upon the express
condition that such land may be resunied by the Crown at any time
without compensation for such resumption upon. 3 years' notice of
such intention having been first given to the owner thereof.

Recovery of Moneys.
21. All moneys, other than penalties or fifies, payable or
recoverable under this OrdiDance shall be recoverable at the suit of
Treasurer in, the Summary Jurisdiction of the Supreme Court
together with interest thercon at a rate not exceeding 8 per cent.
per annum, and any judgment given or order made shall be

As amended by No. 12 of 1912 and No. 13 of 1912.
As amended by No. 50 of 1911 and No. 12 of 1912.
~M





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.
23. It shall be lawful for the Governor-in-Council to make
regulations for the better carrying out 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 1,000 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 fountains.

(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.

(6) The suspension of the water supply.

(7) The construction, laying, fitting, alteration or readjustment
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 proper behaviour and conduct, and the means of
summarily enforcing the same if necessary by fines not exceeding
in any case 25 dollars.

(10) The forms of all notices required to be given or sent under
this Ordinance and the issuing and service thereof.
(11) In respect of all such other matters not hereinbefore speci-
fically mentioned as may conduce to the better and more effective.
carrying out of this Ordinance.

* As amended by No. 30 of 1911, No. M of 1911 and No. 12 i)f 1912.





Offences and Penalties.
24. Whosoever shall wilfully and negligently injure the water-
works, public fountains, services, or meters, or shall unlawfully
draw off, divert, or take water from the saine or from any streams
or waters by which the waterworks are supplied, and whosoever
shadl pollute any such water or shall allow any foul liquid gas or
other noxious or injurious- matter to enter into the waterworks or
any services connected therewith, shall for every such offence be
liable to a fine not exceeding 100 dollars, and to a further penalty
not exceeding 5 dollars for each day whilst the offence continues.

25. Any person who shall wilfully or negligently misuse or waste
or cause or allow to be -misused or wasted an.y water passing into,
through, or upon, or near any tenement from the waterworks shall
be liable to a fine not exceeding 25 dollars. The liability to such
fine shall not prejudice the remedy by suspension of supply or other-
wise as provided by section 8.

26. Every person who shall alter, or cause or permit 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 .50 dollars.

27. Whosoever shall alter, or cause or permit to be altered, any
service with intent to avoid the accurate measurement or register ot
water by means of any meter, or to obtain a greater supply of water
than be is entitled to and to avoid payment therefor, or who shall
wilfully or negligently injure any meter, shall be liable. to a. fine
not exceeding 200 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 meter may be recovered upon the
order of a Magistrate in the same manner as any penalty herein
provided may be recovered upon conviction.

28. Whosoever shall put, or allow to be put or to remain or to
accumulate, on any tenement occupied or owned by him or his
servants, or who shall not remove or cause to be removed or take
such steps as may be necessary to prevent, upon notice in writing
from the Water Authority, any foul, noisome, or injurious matter

As amended by No. 30 of 1911 and No. 43 of 1912 Supp. Sched.
As amended by No. 30 of 1911 and 2',,7o. 12 of 1912.
As amended by No. 30 -of 1911.
As amended by No. 30 of l~ll and _No. 13 of 1912.





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 100 dollars, and for every day during which such matter,
earth, deposits or excavated materials are 1 allowed to remain after
notice in writing from the Water Authority requiring the same to
be removed, to a further penalty of 10 dollars for each day whilst
the offence continues.

29. Any person-

(1) who bathes in any part of the waterworks; or
(2) who washes, throws, or causes to enter therein any horse,
(log, goat, pig, or other animal, or any clothes, material or thing;
or

(3 who wrongfully opens or closes any cock, valve-, or sluice
beloncring to the waterworks;
0
shall he liable to a fine not exceeding 100 dollars.

30. The breaches of any regulations inade under this Ordinance
1 m
the penalty for which is not. otherwise hereby specially provided
sliall be punishable by fines not exceeding -2.5 dollars.

31. All penalties under this Ordinance may be recovered on
summary conviction and shall be in addition to any other taken
y
or proceeding, whether civil or criniinal, which may be taken
pursuant to any other enactment in force in Ifle Colony.
Is. 32, rep. INTo. 12 of 1912.1

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

No. 18 of 1903, repealed by No. .5 of 190.5.

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

. No. 20 of 1903, repealed by No. 31 of 1911, s. 50.

No. 21 of 1903, repealed by No. 34 of 1910.

As amended by 'No. 30 of 1911.
As -amended by No. 12 of 1912, No. 13 of 1912 and No. 21 of 14)12.
Short title. Interpretation of terms. 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 rider-mains. Construction and connection of services. Expenses by whom borne. Services may be constructed by Water Authority. Stop-cocks and connections to be the property of the Government. Water supplied only by meter. Payments for excess consumption to be final. Demarcation of gathering grounds. Reservation of gathering ground. 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.

Short title. Interpretation of terms. 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 rider-mains. Construction and connection of services. Expenses by whom borne. Services may be constructed by Water Authority. Stop-cocks and connections to be the property of the Government. Water supplied only by meter. Payments for excess consumption to be final. Demarcation of gathering grounds. Reservation of gathering ground. 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.

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