Watercourses and Waterworks Ordinance

CHAPTER 194. WATERCOURSES AND WATERWORKS. (21st June, 1945.) 6/1945. 18/ 1953. 1. This Ordinance may be cited as the Watercourse$ Short title, and Waterworks Ordinance. 2. In this Ordinancc "Director of Public Works" means the Director of Public Worb. of the Colony; "distribution area" means any area defined as such by an order of the Administrator in Council for the purposes of this Ordinance; "street" includes any court, alley, highway, thoroughfare, p\1hlir P""""W" nr pbr,., hnwP'-'f'r th.- "-'lmr m~y ht called; "watercourse" means any pond, spring or strcam now vested or which shall hereafter be vested in the Crown; "watcr.,..."D:rki" n1c.an~ all :ru,q-voin., wdl;;, da=, tanks, ci~terns, tunnels, filters, beds, conduits, aqueducts, pipes, stand~pipe.s, shawen;, valves, pumps, engin~ culverts and all machinery and appliances, lands, buildings and thin~ used lor ot' in connection with the supply of water, which have been constructed or maintained from public funds or which shall herc afttr bt so constructed or maintained. 3. All watercourses and waterworks shall continue to vest in the Crown as heretofore and any watercourse which may hereafter be declared to be subject to the prm'Lsions of this Ordinance and any waterworks which may be constructed under the provisions of this Ordinance shall likewi,;e vest in the Crown, 4. (l ', The Director of Public Works shall control) manage , maintain and supenise all watercoursb- and warer• works in the Island of Antigua and shall provide (ro far as is practicabk,'. an adequate water supply for the cumumcr~ therein, lnterpretatiou. Watercourse1 1u10 -watn-..-mks to ve.st in Crown. Powers and duties of Director of Public Works. PowFr tn make re~ula tions. (2) It shall be lawful for the Director of Public Works (a) to construct or lay down any waterworks for im proving or augmenting the water supply; (b) to attach gutters to the roof, and to erect tanks on the premises, of any public building that is to say, any build ing to which the public or any portion of the public mav have access (on payment or othen\'ise) unless there i.~ already on any such building appliances of sufficicnt size to con tain five gallons of water for every square foot of the hori zontal area CO\"ercd by the roof thereof; (c) at all reasonable times (with his sen·ants or agents) to enter any public building as aforesaid and to enter upon and to pass and repa5.~ 0\"er any land for the purpose of carrying out the provisions of this Orrlin,1nre; ( a) ·whcne\"er it may be expedient or necessary for the purpose of consenfog the water supply or for extending, altering or repairing the watcrvmrks or for the purpose of cunm:niug ur n:pafriu~ walei :sn viu:1:, 01 in the ca5c of foe to diminish, withhold, suspend or divert (without prejudice to the pa}ment of water rate) the supply of water through the waterworks; (e) whencwr it may be expedient or necessary for the construction, alteration, maintenance or repair of any water works to break open any street: Provided that until the roadway i<; restored the place where it is broken open shall be watched and properly lighted. ;'i, ( 1} Tht° Director of Public Works ma~·. with the ap prO\·al of the Administrator in Council, make regulations relating to all or any of the following matters (a) the method of muking upplicution fo1· u supply of water; (b) the charges to be made for connecting water scr ,i.ce appliances to premises; (c) regulating the supply of water to consumers; (d) regulating the supply of water from any tank or reservoir forming part of the waterworks; (tc) the circum.'ltancc:3 (other thun in times of emer gency) in which a water supply may be stopped; (f1 the pRvention of waste) misuse and pollution of water; (g) securing the waterworks from injury of any kind; (h) the deaning, maintenance, protection and pre vention of obstruction of watercourses: (i) the sanitary control of watersheds; U) the forms of all notices to be given or sent by the Pub\\r Works Department and the issuing and sen.rice thc-rrof; (k) the payment of rates; and (l) generally, for more effectually carrying out the provisions o{ this Ordinance. (2) Reguhtloos made under paragraph (h) of subsection (1) of this section may (a) authorize any officer of the Public Works Depart ment to cut, fell, or burn any tree or underv,,ood whatso ever gro\\ing or that shall grow within a distance of thirty feet of any watercourse; and (b) prohibit within the di.3tancc nfore.:il.Ud the cultivn• tion of any land or the depasturing or grazing thereon of any livestock, 6. (1) The Director of Public \Vorks may\ with the ap proval oi th~ Admillllltrator in Council, levy a general water rate or a water Service- rate on all premises in distribution areas. (2) A general water rate or a water ser\"ice rate may be made to apply to all distribu~ion areas or different rates may be flXed for different distribution areas or, in thl' ca.5e of a water snTice rate, for different cb.££e£ of premise!:. (3) All such rates shall be payable in such mannc-r and at such time;s (whether fixed by refen:-nce to the service of a notice or donand Or ot'nrn\'ise) ~ the Dirtl".tor of Public Work:, shall prescribe by regulation made under section 5. (4) The expression "general water rate" means a rate le\·ied on premises which are not supplied with water by means of a :;ervlce. 'I.O suet, prem~es, ancl the upression "water :;t:rvice rnu:" Means a rate kvied on premises which are supplied with water by means of a service to such premises. Power to le'"Y rate5. Exemption from ratea. Expenses and revenue. Pnw..,- tn hrin!l watercourses within the provisions of the Ordim1.nce. Power to re move water• courses or water• works from the provisions of the Ortlinance, Power to declare area to bt" a watershed. 7. The power of the Director of Public Works to levy rates under section 6 shall be subject to such general or special exemptions as may, from time to time, be approved by the Administrator in Council. 8. {1) All expenses incurred or payable by the Director of Public Works in carrying out \he provisions of th1s Ord1na.nce shall be met out of funds provided annually by the Legislative Council and all expenditure and disbursements shall be made in accordance with the Financial Instructions for the time being in force. (2) All rates and other charges collected by the Director uf PubliL V\''ork~ ~\iall be paid into the Trca:;ur)'· '.ior the pullY1L use of the Colony. 9. (1) The Lee;i:.latin:: Cuu11Lil 111,1,y, J1u111 Li111c to time, Uy resolution drclare that any watercourst" shall be subject to the provisions of this Ordinance and thereupon the said yrovisions shall apply accordingly. (2) A copy of every such resolution shall be published in the Gazette and in two newspapers, if any, circulating in the Island of Antigua. 10. (1) With respect to any \\'atercoutse the Legislative Council may, and with respect to any waterworks the Director of Publjc \Vork,:; nu1:,-·. b,- rc:,olution declare that the pro~·U3lon~ of this Ordinance1 other than section 3, shall cease to apply to that watercourse or wateru·orks, as the case may be, and there upon the said prnvi~ions shaH cease to a.pp!\ accordlngly. (2) A copy of every such resolution shall be published in the Gazette and in two newspapers, i( any, circulating in the Island of Antigua. 11. For tht-, purposes o{ this Ordi.n.ance, wtl.ere. in th.e opinion of the Admini..~trator in Council the drainage of water from any area flows or is conveyed to a watercourse or water works the Administrator in Council may, by order, declare that area or any part of that area to be a watershed. 12. Compen...ation shall be payable in any case where Compensation. ?-rtual damage or injury i.'i occasioned to a.ny property by any act or thing done in the execution of this Ordinance or any regulations made thereunder and, in the evrnt of any dispute arising as to the amount payable, the amount claimed shaH be rlPt>med to be a civil debt and may b,, recoverablt> summarily under the provisions o{ the Magistrate's Code of Procedure Act. Cap. 48. 13. (!) Every p<TT<>n who (a) bathes in any watercourse or any part of the waterworks; or (b) drives or permits or suffers any animal to be driven into or to enter into any wa.trrcouo,,e <.>r into any wata~ works; or (c} washes in or throws into or muses or suffers to be washed in or thrown into any watcrcourse or waterworks any animal or tl1t. carL;c;c 01 p,u t uf tlic l<ll i;,d.';t."" uf i:lll y dead animal; or (d) puts or throws or caulies or suffers to be put or thrown into any watercourse or watenvorks any rubbish, dnt or hlth, or any foul or offensive or obnoxious matter, whether solid OT liquid; or (e) washes or cleanses or suffers or causes to be washed or cleansed in any watercourse or waterworks anr cloth, wool, leathn or skin of any animal OT any clothes; or (f) causes or suffers the water from any sink, privy, sn.ver1 drain, engine or boiler or any foul or filthy water being and Irlng upon o.n. .- lund or prcmixc:i, which i:i under his management aud control or undn the management and control of his servants or agents, to run or flow into any w.atercourst' or waterworks: or (g(1 dews or commits any other an or thing wl:tat.&r fl:er whereby any water flowing to or from any water course or waterworks i..; fouled or polluted or thr flow thereof impeded or intern1pted or the water improperly abstracted or wa~ted; or (h) without the con~nt of tbe Dire<:tor of P\\b.li.c \-Vorks, divert.~ or takes. the water supplying or fl()wiug into any waterworks; or (i) without th1.'. consent of the Dirt"cWr of Publ\c Works, constructt, alters or extends the scrvict' in h.ii Seiling or supplyrng water an offence. I\"e.:lnt to ..,;q~ noiire of wa1, t of repair an offence. premises or connects any tap on his premises with the dis tributory pipe.s of the waterworks; or (i) withuut tln:: 1;um;c11l uf tl1t: DireLtur uf Public Works, does any act whereby the water from any water. cour.;e or waterworks i.s drawn off or diminished in quantity or wasted ; or (k) wilfully moves, breaks or injures any lock, cock, valve, tap, pipe or other appliance forming part of or used in connection with the watnworks; or ([) contraHnes any regulation made under this Orrh~ nance, shall be guilty of an offence'.. (2) In proving interference with the due flow of water from the waterworks or of any watercourse or the pollution thereof, evidence may be giYen of repeated acts vvhich together caused such interference or pollution, although each act taken by it self may not be sufficient for that purpose. 14. If any per~on whosc premises are supplied v.':ith water by the Director of Public Works supplies or sells to any other person any such water or permits. arn,: other yeroon to tak<.:. any such water, from his premises, he shall Ix. guilty of an offence: PrO\ided that any such first mentioned person shall not be guilty of an offence against this section if he permits any other person to use: such water (a) for the purpose of extinguishing a fire: or (b) whC'.re that other person is supplied with water by tht· Director of Public Works but the pipes or other appliances leading to his premises are out of order or are undergoing repairs; or (,;, "·hen· that odwr person is liYinr: in a separate part of thc same building or in another building on the same premLs,es. 1;";. Any prrsrm whnsr- prnnises arf' supplied with water by the Director of Puhlic \\'orks who sutters any stop-cock, pipe or other watcnrnrb on his premises to be out of repair, without giYin~ notice to the Director of Public Works, so that the wati:,r ,;;uppli,-.d to him >'hall h,· w:,stf'rl, sh;, 11 hf' g11ilty of an offence. 16. Any person who resists, obstructs, mol~s or assaults, or who assists any person in resisting, obstructing, molesting or assavlting the Director of Public Works or any officer or servant of the Public. Works Department acting under the provisions of this Ordinance or any regulations made thereunder shall be guilty of an offence. 17. Any person who is guilty of a·) offence against this Ordinance shall be liable on Sllmmary co,n-iction to ·a penalty not exceeding ninc-ty-six dollars and, in the case of a continuing offence, he shall be liable to a turther penalty not exceeding nine dollars and sixty cents a day for evt:ry day during which the off e.nce continue-s. 18. Every proceeding insticuted under this Ordinance shall be taken in the name and at the instance of the Director of Public Works. U}. All rates and other charges payable under the pro visions of this Ordinance or of any regulations made there under may be recovered by civil process before a Magi.c;trate in the manner provided by the Magistrate's Code of Procedure Act for the recovery of debts arising out of simpk contract. Resisting w obstructing. etc., at• offence. Penal:v for offr1,ce·. Pn;!cecdings 1,:-, bl' laid jn name of Director of Public Works. Katt, and dwr.:es how reca,:e,-a.b le. Cap. 48.