Water Supply Act, 1969 (Act No. 23 of 1969)

GRENADA ACf NO. 23 OF 1969 'rd October. /969. I assent, L. V. DIJ GALE Deputy Governor. An Act relating to the regulation and maintenance of the Water Supply and the construction and main tenance of Waterworks in Grenada; to provide for the creation and establishment of a Central Water Commission with sole jurisdiction in all matters pertaining to the supply of potable water through out Grenada; for the transfer to that Commission of the assets and liabilities of Existing Water Authorities; and for purposes connected with the matters aforesaid. [ On Proclamation. 1. Be it enacted by the Queen's Most Excellent Majesty, Ena:fmcnl. by and with the advice and consent of the Senate and 170 Act 23 Water Supply 1969 Sborttitle and commencement. House of Representatives of Grenada, and by the authority of the same, as follows: PRELIMINARY I. This Act may be cited as the WATER SUPPLY ACT, 1969, and shall come into operation on a day to be appointed by the Governor by Proclamation published in the Gazette: Provided that the Governor may, in like manner, appoint different days for the coming into operation of different sections of this Act. Application. 2. This Act shall apply to all waterworks existing or hereafter to be constructed in Grenada, other than the Carriacou and Petit Martinique waterworks, and to any extension or addition made thereto: Provided that the Governor may, by. order, from time to time, extend the provisions of this Act and any regulations made thereunder to apply to the Carriacou and Petit Martinique Waterworks or any extension or addition thereto. Interpretation. 3. In this Act the following expressionsshall have the meanings respectively assigned to them, that is to say: "catchment area" means any surface of land or any device which collects rainfall or through which water flows for the purposes of the waterworks; "Chairman" means the Chairman of the Board of Commissioners established by section 5 of this Act; "Commission" means the Central Water Commis sion established by section 4 of this Act; 1969 Water Supply Act 23 171 "cost" as applied to improvements, means the cost of acquiring or constructing improvements as herein defined and includes (II) the amount to be paid for any improve ment acquired by purchase, transfer or condemnation; (b) the cost of labour, materials, property, I' i g h t s, easements and franchise acquired; (c) financing charges; (d) the payment of interest prior to and during construction or reconstruction and one year thereafter; (e) the amount required as working capital; (I) the cost of plans and specifications, surveys and estimates of cost and revenue; (g) the cost of legal and engineering services; (hl all other expenses necessary or inciden tal to acquisition or construction; and (i) administration expenses; "domestic supply" means water from the water works used in any tenement for any purpose of domestic life; "improvements" means any and all replacements, additions, extension and betterments of and to the waterworks; "local authority" means any body or authority for the time being responsible by law for the local government of any town, village or district in Grenada; "meter" means any appliance used to measure, ascertain or regulate the amount of water taken or used from the waterworks by means of any service, as well as any appliance used in estimating the flow of water in or from any part of the waterworks; In ACJ 23 Water Supply 19M j "Minister" means the member of the Cabinet faj the time being charged with responsibility fal, the subject of Water Supply; , ','n()J1=dQ1l15~sti~ ~ means any water from ~ waterworks used for the purpose of, or Ii carrying on, any trade or manufacture; or fiJ' cattle, IIOl'SCS or other animals, or for wateriq fields or gardens cultivated or occupied as I means of pecuniary profit; or for priva fountains or any ornamental purpose; or fll the supply of ponds, pools or tanks; or fll laurvlries, public was houses, public batlu. vessels, ships, or boats; and includes wall! used or consumed by any person resident it. or occupying, any premises where a nOG domestic supply is given, as well as any wale: taken or used from the waterworks by lhe Military, Naval or Civil Establishment of Ih: State or of Her Majesty's Government in rigll of the United Kingdom or of a Commonweala territory; "owner" means the holder of any. tenement dirta from the Crown whether under lease, licellll: or otherwise, or the immediate landlord of anI tenement, or the agent of any such holder, a: landlord, who is absent or under disability, oi. if there be no such agent the occupier of lh:i ~~m~~ i "public fountain" means any fountain, standpip valve. tap or appliance used or intended tob used for or in connection with the supply 0 water to the public from the waterworks. au erected or hereafter to be erected by the Com mission and' which belongs to or is vestedi the Commission; "service" means all pipes, valves, cisterns. coca fittings and other appliances (excepting an meter as hereinbefore defined) by or throug1 1969 Water Supply Act 23 173 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 waterworks, and which serve the property of the owner or occupier of such tenement; "shallow dug well" means a well the maximum depth of which does not exceed live feet; "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 on the waters of Grenada; "water-course" means any lake, pond, spring, river, stream, reservoir, aqueduct or pipe from through, to, along, or by which water is con ducted and supplied to the waterworks; "waterworks" means all reservoirs, wells, dams, tanks, cisterns, tunnels, filter beds, conduits, aqueducts, pipes, fountains, showers, valves, pumps, engines, culverts and all machinery, lands and buildings and things for supplying or used for supplying water; "way-leave" means a right, on the part of the Chairman and persons acting under his authortiy, to the user of land for the laying of tunnels, conduits, aqueducts, channels, drains, outfalls for water mains, pipes or other structures and appliances, and accessories thereto, together with the right of access to and of opening up such land from time to time for the inspection, renewal, repair, replacement or removal of any such works and of restoring any such land, without in any such case affecting the ownership of such land. ESTABLISHMENT OF COMMISSION 4.-(1) There is hereby constituted and established Establishment for the purose of this Act a body corporate to be called ~ Central the Central Water Commission which shall have per- C:~5Sioll. 174 Act 23 Wate, Supply 1969 petual succession and a common sea! with power as such body corporate to make contracts and to sue and be sued in its corporate name, to acquire, hold and dispose of all kinds of property moveable or immove able, to draw, accept, make, endorse and negotiate bills of exchange, promissory notes, bills or lading and other negotiable instruments. (2) The seal of the Commission shall be authen ticated by the signature of the Chairman or one of the Commission authorised by the Commission to act in that behalf, and the Manager of the Commission, and such seal shall be officially and judicially noticed. (3) All documents, other than those required by law to be under seal, made by, and all decisions of, the Commission may be signified under the hand of the Chairman, or any member authorised by the Commis sion to act in that behalf, or the Manager of the Commission. Board of 5.-(1) The powers of the Commission shall be ~dmmiSsiollGll exercised through,. and its policy shall be determined by, membership. a Board of Commissioners. (2) The Board of Commissioners (hereinafter referred to as the Board) shall consist of a Chairman and not more than seven members all of whom shall be appointed by the Governor. The membership of the Board shall include (a) a senior officer representing the Ministry of Communications, Works and Natural Resources; (b) a senior officer representing the Ministry of Finance; (c) the Medical Officer of Health; (ti) four persons appointed to represent the interests of local government authorities, the Chamber of Commerce and such other bodies as the Governor may deem fit. (3) Subject to the provisions of the next succeed ing subsection, the Chairman and every other member 1969 Water SuppLy ACI23 175 of the Board shall, unless his appointment is sooner determined by the Governor, or he sooner resigns by giving notice in writing to the Governor, or he sooner dies, hold office for a period of two years from the date of his appointment; but shall be eligible for re appointment from time to time. (4) A member of the Board shall ipso [acto cease to be a member thereof if he is absent from three con secutive meetings of the Board without leave from the Board or is absent from Grenada for more than one month without such leave. 6.-(1) The Board shall meet at least once in every Meeting. and month and may meet as often as may be required for procedure. the transaction of business. Meetings shall be held at such places and times and on such days as the Board may determine. (2) The Chairman may at any time call a special meeting of the Board to be held within seven days of the notice of such meeting. (3) An extraordinary meeting of the Board shall be summoned by the Secretary within seven days of a request in that behalf addressed to him by any two members of the Board or by the Minister. The request shall be in writing and. except by leave of the Board, no business other than that specified in the request shall be transacted at the extraordinary meeting. (4) Subject to the provisions of this section the Board shall have the power to regulate its own pro cedure. (5) Any four members of the Board including the Quorum. Chairman shall form a quorum. (6) The Chairman shall preside at all meetings of the Board: Provided that in the event of his being unable to attend a meeting the members of the Board present and constituting a quorum shall elect a chairman to preside at the meeting. (7) In the event of an equality of votes on a question at a meeting the Chairman of the meeting 176 Act 23 Water Supply 1969 shall have a second or casting vote in respect of that question. (8) The validity of any proceeding of the Board shall not be affected by any vacancy in the membership thereof or by any defect in the appointment of a member thereof. OFFICERS AND SERVANTS Appointment 7.-(l} The Board may, from time to time, with the ofollicm. approval of the Governor, appoint the following ofconunl>Slon'exccutive officers: ((I) a Secretary I Manager; (b) an Assistant Manager; and (c) il Comptroller I Auditor, whose conditions of service, duties and responsibilities shall be as specified in this Act, regulations made there under and, subject thereto, by directions of the Board. (2) The Board may also appoint such other officers and servants as may be necessary for the efficient exercise of the powers, functions and obligations vested in or imposed on it by this Act. Duties of Secretary I Manager, 8.-(1) The Secretary I Manager shall be the senior officer of the Commission responsible to the Board for carrying out its general policy and for the general supervision of the activities of the Commission. He shall have general administrative control of all other officers, employees and agents of the Commission. (21 The Board may, subject to such conditions as it may specify, delegate to the Secretary I Manager power to appoint and power to dismiss all or any of the officers and servants mentioned in subsection (2) of the preceding section including the power to suspend such officers pending consideration of their dismissal by the Board. Remuneration 9. Officers and servants of the Commission shall ofofficers receive such remuneration as the Board with the and servants approval Qf the Governor shall determine. /969 Water Supply Act 23 177 10. The. Manager shall render to the Board, not later Reports. lhan such date as the Board may fix, monthly and annual reports relating to the finances and activities of the Commission. DUTIES AND POWERS OF COMMISSION 11.-(1) The Commission shall p~ovide and keep in ~~:r~~d any waterworks vested in, or acquired or constructed Commissioa. by the Commission, an adequate supply of pure and vholesome water for public and private purposes, and ihall maintain the waterworks in good condition and repair and shall, if necessary, reconstruct the same. (2) In particular, and without prejudice to the Jenera!ity of the foregoing, the Commission shall have oower (al to employ, by contract or otherwise, such consulting engineers, engineers and superin tendents, construction and accounting experts, and attorneys as may be necessary; (b) to accept grants cf any kind from any source; (e) to determine, fix, alter, charge and collect rates, fees, rentals and other charges for the use of the facilities of the Commission, or for the water or other commodities or services sold, rendered, or furnished by it; (d) to enter on any lands, water or premises, after notifying the owners or occupants thereof, or their representatives, for the purpose of making surveys, soundings, and examina tions; (e) to improve and extend the water under ita jurisdiction and to provide additional facili ties of the same character; (j) to do all such acts and things as may be inciden tal to, necessary or convenient hI', the carrying out of all or any of the purposes of this Act: 178 Aci 23 Water Supply 1969 Provided, however, that all water rates fixed by the Commission and any alterations in the aforesaid rate shall be of no effect until approved by the Governor, TRANSFER OF PROPERTY AND PERSONNEL Transferdof 12. A11 the waterworks vested in the Central Waler assets an A hori ituted d h W S I 0 d'Iiabilities of ut onty constitute un er t eater upp y r I' Central Water nance shall, after the commencement of this Act, be Authority 10 f d d . h C .. d U Commission.. trans erre to an vest m t e omrmssion, an a assets, powers, duties, liabilities and obligations of such Central Water Authority shall also be transferred to the Commission. Effect of transfer. 13.-(I) The debts and liabilities. so transferred asaforesaid. shall become debts and liabilities of the Commission, and shall in manner provided by this Act be defraved out of the water rates, rents and funds out of which they would have been defrayed if such water works had remained vested in the water authority from which they were transferred. (2) Every agreement to which the Central Waler Authority was a party immediately before the date 00 which this Act comes into operation (hereinafter referred to as the appointed day) shall have effect as ir (a) the Commission had been a party to t.bc agreement; (b) for any reference to the Central Water Authority there were substituted, in respect of anything falling to be done on or after the appointed day, a reference to the Commission; (c) for any reference to any member or officer ~ the Central Water Authority there wefe substituted, in respect of anything falling 10 be done on or after the appointed day, I reference to such person as the Commission may appoint or, in default of such appoint. ment, to the member or officer of Ihe /969 . Water Supply Act 23 179 Commission who corresponds as nearly as may be to the member or officer of the Central Water Authority. (d) for any reference to any fund or revenues of the Central Water Authority there were substi tuted in respect of anything falling to be done on or after the appointed day, a reference to the corresponding fund or revenues of the Commission. 14. The Governor shall, by regulations. in such cases Transfer of md to such extent as may be specified in the regulations 'Officers. provide for the compensation, or as to the terms and conditions of service with the Commission of officers and servants of the Government, or of any .local authority from whom functions are tranferred by this Act to the Commission, being officers or servants who. prior to the date of such transfer, were employed by the Government or by a local authority, as the case may be. WATER AREAS 15.-(1) For the purposes of this Act, Grenada shall Establishrnen consist of water areas and sub-areas the boundaries ofofwalcr areas. which shall be defined by order made by the Governor at the request of the Commission; and, notwithstanding the provisons of any other law to the contrary, such water areas and sub-areas shall be subject to the sole jurisdiction of the Commission for the purposes of carrying out the provisions of this Act. (2) Until other water areas and sub-areas are established hy order made pursuant to the last preced in~ subsection the water districts and sub-districts intu which Grenada is divided immediately before the com mencement of this Act shall be deemed to be water areas and sub-areas respectively for the purposes of this Act. 180 Act 23 Water Supply 1969 (3) At the request of the Commission, thc Governor, may from time to time, by order, reduceor increase the number of water areas and sub-areas 01 alter the boundaries thereof and thereupon the Con mission shall have the like duties, powers and responsibilites with respect to such water areas and sub-areas as it has with respect to the water areas and sub-areas established under this Act: Provided that in \'"Ie case of water works constructed after the commencement of this Act a provisional orde may define the limits of the water areas or sub-areasto be served thereby. FINANCIAL PROVISIONS Cootirmation of 16, All appropriations made by the Legislature or bl' appropnations" . any local authority for any of the purposes of this Ad are hereby approved, ratified and confirmed and all sums so appropriated or set aside or required to be sci aside or appropriated for the said purposes, and an) balance thereof, are hereby transferred to the Commis· sion. McctiDi Commission's deficits. Accounts. 17. During the first fiveyears after the commencemenl of this Act. and until such time thereafter as the Com mission is self-supporting, there shall be charged upon the Consolidated Fund, a sum not less than that partIi the Commission's operating budget not sufficiently covered by its own revenue: Provided that such sum shall not without approval by resolution of both Houses of the Legislature exceed the amount appropriated for the same purposes durilll the previous year. IR. The accounts of the Commission shall be kepI ia such manner as appropriately to segregate. insofar at advisable, the accounts in respect of the different classe of operations, projects. undertakings and activites oflilt Commission. and shall include complete accounts of tht costs of production and distribution of water and of thc total cost of waterworks constructed or otherwise 1969 Water Supply Act 23 181 acquired by the Commission a.nd a description of t.he major components of the said costs, together w.lth records of such other physical data and operatmg statistics as may be helpful in determining the actual cost and value of the services. 19.-(1) The Board shall have the sale power to fix, Water rates I d d d d f . . t . th and charges,evy an eman, an rom time to time a revise, e rates and charges to be paid and collected for the com modities, services and facilities furnished by the Com mission. (2) The said rates and charges shall be so fixed as to provide funds sufficient (a) to pay the cost of administering, maintaining, repairing and operating the water systems, including reserves for such purposes, and for replacement and depreciation; (b) to pay the principal and interest on any loans raised by the Commission to carry out its purposes. (3) The aforesaid rates and charges to be paid to the Commission shall comprise, as regards the water services (a) a general water rate payable upon all tene ments situated within the prescribed water supply area, whether provided with services or not; (b) a water supply rate, payable with respect to all tenements provided with services in addi tion to the aforesaid general water'rate; (e) payments for water supplied by meter, including supply to domestic. industrial, commercial or shipping installations: Provided that any water rates and charges which are In force under any enactment relating to water supply immediately before the commencement of this Act shall remain in force and shall be paid to and 182 Act 23 Wafer Supply 1969 Cap. 294 Areas to be lupplied with water. Method of assessment. collected by the Board until new rates and charges are fixed by the Board in accordance with the provisions of this-Act. Provided also that the Board may exempt from water rates and charges all or any lands within any area declared to be an agricultural area under the Towns Administration Ordinance; b"ut nothing in this proviso shall be construed as affecting the liability to water rates and charges of any house or building situate on any such lands and the yards belonging to such houses and buildings. 20. For the purposes of the application of the water rates and charges provided in the preceding section, the areas to be supplied with water under this Act, so far as they are not included within the boundaries of any of the water areas and sub-areas defined by this Act, shall be defined by order made by the Governor; and it shall be lawful for the Governor from time to time by order further to extend or otherwise vary the limits )f the several areas. 21.-0) The Commission shall assess annually the general water rate payable by the owner of each tene ment situated within the prescribed water supply area, and the said general water rate shall be such per centage or poundage, not exceeding seven per centum, upon the assessed annual rental of lands, houses and buildings as the Commission shall determine. (2) The actual amount payable with respect to each individual tenement shall be assessed by the Corn m-ission according to the method of assessment provided for the collection of house and land tax: Provided that the Commission may make an assessment of the annual rental of all lands, houses and buildings within a water area or sub-area liable to water rates and charges but exempt from house and land tax: Provided further that lands. houses and buildings 1969 Water Supply Act 23 183 which may be omitted from the house and land tax roll shall be separately assessed for the purposes of water rates and charges. (3) If any tenement has become liable for a water supply rate. or for an increase thereof, between two successive assessments, then the water supply rate or the increment thereof shall be calculated in propor tion tQ the period during which the service or other appliance giving rise to a claim for water supply rate. or an increase thereof, shall have been in use. (4) Whenever water is supplied by meter for any purpose the price shall be determined by the Commis sion. 22. When the assessment list has been prepared, and Notiee ",f . b f d h assessmenttly: annual rates or rents to bevpaid have een xec, t e to be Biven. Board shall cause the same to be exhibited at the place where its meetings are usually held and at the entrance to the Magistrate's Court of the respective districts. 23.-(1) After the publication of assessments and Appcalfrom rates in the manner in the last preceding section men- assessments. tioned any person who objects to any such assessment may. within fourteen days after the publication afore said give notice in writing to the Chairman of the Board to appeal therefrom to the Magistrate. and shall, within the same time, give to such Magistrate written notice of appeal stating therein his objections to such assess ment. (2) The Magistrate may, within seven days after the receipt of the notice of appeal, appoint two appraisers to consider such objections who shall, after I inspection of the premises in respect whereof the person so objecting shall have been assessed, and within three days of their appointment, report to the Magistrate whether the said objections ought to be sustained or not, and the Magistrate shall give his decision thereon which ~hall ~e final. The costs of and incidental to the appeal, including any expenses of appraisement. shall be in the discretion of the Magistrate. and an order for the pay 184 Act 23 Wa(er Supply /969 Magistrate on dcteunination of appeals to send list to Board. Times for paymenlof rates and charges. ment of the same may be enforced in the same manner as other summary orders for the payment of money. (3) No appeal shall lie against any assessment of the Board by any person who has been previously assessed for the current year, by the authority for the time being having power by law to assess property, for the purpose of town rates or house tux as the case may be. at the same annual rental or value as that in respect whereof such person so objects as aforesaid and has not appealed therefrom, unless good reason for- not having appealed before are given: Provided that such appeal shall only apply to the year of appeal. 24.~(!} The Magistrate shall, upon the determination of all appeals in the manner aforesaid, send a list of the assessments as adjudicated upon to the Board. (2) The Board shall forthwith cause a list to be prepared of the alterations (if any) made by reason of such determination in the list originally published by the Board and the assessment list, and a copy thereof sent to the Minister: and the assessment of every pro perty therein set forth shall be held to be its ascertained rental or value for rental for the purpose of payment of water rates or rents during the year following such publication. 25.-(1) All rates and charges payable under this Act shall be paid at any time between the first day of May and the thirty-first day of July in each year. (2) On the total amounts of rates and charges, due by any person named in the assessment list and remaining unpaid on the thirty-first day of July, there shall be paid a fine thereon of five per centum of such amount so in arrear: Provided that no fine hereunder shall be less than the sum of one dollar. 1969 Water Supply Act 23 185 (3) All rates, charges and fines, made payable under this Act, shall be paid to the Board at its usual place of business, or at such other place as the Beare may appoint. 26. On or before the fifteenth day of April in each Notice 10 b~ III IIII b blisl 1'1 G giveu of pci lodyear uic ourc S 1H cause to C pu IS icc 111 t te azctte fur pavrueut and in at least one newspaper published and circulating of .al", and in Grenada a notice to the effect that the assessment list charg"" as linaLly determined may be seen at the office of the Board.and at such other place or places as the Board may appoint, between the days in the last preceding section mentioned and that attendance will be given during that period at that office or place for the purpose of receiving the rates and charges fixed by the Board, and the publication of such notice shall be considered a sufficient demand for the payment of the said rates and charges. 27. The Board shall give to the person making pny- Board (,) pive meut of the rate or charge a printed receipt for the same p'.I'I"d ,e"e,rls, from a numbered counterfoil book. 28. Tohe Commission shall render no free service. The ;i?~~~";~2r charges for services rendered to the Government of Grenada or to any local authority shall be deemed to be ordinary expenses of the Government or of the corres ponding local authority and shall he paid from appro priations made for such purposes. Such payments shall be made in accordance with provisions in force regulating the disbursement of public funds. 29.-(1) There shall be no direct water charge for Pavrnent r~r water used by the Fire Brigade. fire services, (2) Private fire services and water used by private fire installations shall he chargee! in accordance with the applicable rate determined by the Commission. 186 Act 23 Water Supply 1969 Public fountains. 30. There shall be no direct charge for water used by the public from public fountains, but this service shall be considered to be an obligaton of the Government and the Government shall pay to the Commission the price of water served through public fountains. The Commission may enter into an agreement with the Government regarding the rate to be paid for this service. Remission of r 31. The Board may remit wholly or in part any water rates and I charge. flom rate or charge on the ground of poverty of the person Board. liable to pay the same, or that the rate creates lin undue hardship. Tenant'. rieM 32 In the absence of any agreement to the contrary 10 deduct rares·. ' and charges a tenant shall be entitled to deduct from the amount of from rent. rent payable by him such rates (inclusive of any fines or other expenses) as may have been duly paid by him in resnect of the house and land rented by him: Pznvjcled that the landlord. before accepting or p.iving a receipt for such rent, shall be entitled to demand from such tenant the production of the receipt for such rates. Power 10 alter time. mentioned in Act. FUl1d. of Commis.iolli 33. The Board may. with the approval of the Governor. extend or otherwise alter the time fixed for the performance of any duty under this Act, and in cases where the time prescribed for the payment of rates or charges has been extended. the times for the pavment of same wilhont a fine and the rccovcrv thereof shall thereupon he deemed to he proportionately extended. FUNDS OF TIlE COMMISSION 34.-(1) All monies of the Commission. including monies raised on loan Hilder this Act shall he deposited in sucfi manner as thi! Commission sha11 determine. m All monies received hv the Accountant General for the Commission shall form a fund to be 1969 Water Supply Act 23 187 called the Central Water Commission Fund and shall be at the disposal of the Commission o~ deman~ pur suant to regulations made by the Con.mission with the approval of the Governor. 35.-( l) Notwithstanding anything to the contrary DorCOwi"t" . . C " b power 0contained 1Il any other law the omnnssron may, YCommission. resolution approved by both Houses of the Legislature, from time to time, and by the issue of debentures, raise loans to be applied towards the financing of the cost of construction, extension or improvement of water works systems, or for carrying out any of the purposes for which the Commission is cstublishcd; and the said loans may be applied to pay the expenses incidental thereto. (2) Such loans may be contracted through any local or foreign banking institution or through any international banking agency, or a combination thereof. (3) All monies which may be raised on loan under this Act shall. for the payment of interest anu repayment of the principal, and for the payment of salaries, wages, and materials used in the specific pro iects carried on or executed with those monies, constitute afirst charge on the revenues of the Commission and in the second place upon the general revenues and assets of the Government of Grenada. (4) A resolution approved by the Commission 10 contract a loan shall clearly specify that the sums fJl.ised t.o repay the expenses of issue shall be applied only to that purpose and, save as aforesaid, the money borrowed shall be appropriated and applied for the purpose of financing the cost of construction, extension or improvement of waterworks systems, or for carrying out any of the purposes for which the Commission is established. (5) The resolution shall cover all details regard ing debentures, including the form of the debentures, the sum of the same, the period during which they shall bear interest: the. signatures on the same, the type of ioupons, registration, prOVISIOn for payment of interest 188 Act 23 Wafer Supply 1969 and for creating a sinking fund, provision for redemp tion of principal, number of days for drawing, notice of tim; au.I place for drawing, time when the principal sum W,it b..; repaid, cessation of interest, delivery, and can c",liati,111. The resolution shall also include any other clause 01' condition that may be required by the lending institutions unil accepted by the Commission. SUBMISSION OF ANNUAL ESTIMATES [',lim"tc, 36. On or before the thirty-first day of December in cr I" "Ie and I C .. I II l . c;.;;.;~'.I,~:C. each year, the Onl1l11SS10n s 1<1 su mut for the approval of tho Minister an estimate setting forth (u) the revenue to be collected during the ensuing financial year on account of general water rate, water supply rate, and other sources of revenue respectively; (b) the probable expenditure on maintenance administration and ordinary repairs; and (c) the probable cost of alterations, extensions 01 extraordinary repairs to be defrayed out 01 the reserve fund, Annual balance 37.---(1) On or before the thirty-first day of May in :;;~~;'ii'~"J)~o each year, the Commission shall submit to the Minister Minister, a balance sheet setting forth the amount of (u) sums collected in respect of the general water rate during the past financial year; (b) sums collected in respect of the water supply rate during the past financial year; (c) sums collected in respect of other sources or revenue connected with the water supply during the past financial year; (iI) sums received from private persons in respect of services provided by the Commission, or in respect of materials sold by the Com mission to private individuals during the past year; 1969 Water Supply Act 23 189 (e) value of stock of tools and materials in possession of the Commission at the close of the past financial year; (j) expenditure on administration and maintenance of the waterworks payable out of current revenue during the past financial year; (g) expenditure on account of {eserve fund during the past financial year; (it) expenditure incurred in Qhe construction of services on account of private persons; (i) outstanding debts and liabilities at the close of the financial year; (j) balance available for the payment of interest and sinking fund and for the creation of a reserve fund; and (k) outstanding debts due to the Commission: Provided always that the Accountant General shall furnish to the Commission such statements of accounts as may be necessary to comply with the requirements of this section. (2) The balance sheet and statement of the revenue and expenditure of the Commission shall be duly audited by the principal audit officer of the Government or such other auditor as may be approved by the Minister. (3) Notwithstanding anything contained in the last preceeding subsection the Minister may, in his dis cretion at any time require the principal audit officer of the Government to examine and report on the accounts of the Commission, and the Commission shall provide such principal audit officer with the necessary and appropriate facilities for such examination. PRIVATE WATER SERVICES 38.-(1) The Commission shall, upon the application Provision o, of any person within a water area and upon payment by :~~i~:. water him of such annual sum of money or rate, as the Com- . mission shall determine, cause the premises of such 190 ACI 23 WQler Supply 1969 Payment Ior introductisn of water etc, to be made in advance, C.,mmis1}j \ may supp. waltr by meter. person to be provided with a supply of water, and may, at its discretion, from time to time, diminish or increase ~lIl.h supply: I Provided always that upon any such appli cation, the Commission may have regard to the quantity of water applied for and the purposes for which it is required, and impose such limits thereto as, in the interest of a sufficient water supply in the area, it may deem expedient. (2) In default of payment of such annual sum of money or rate the same shall be recovered by the Com mission in the same manner and at the same time as other rates and charges made payable by this Act. (3) In the case of a private water service being attached to any premises after the publication of the annual assessment list hereinbefore provided for, the Commission shall add the particulars of such new service to the rates already levied and the sum of money or rate payable for such service shall be charged accord ing to the propcrtion of the year then unexpired and shall be recoverable in manner aforesaid. 39. Subject to the provisions of the last preceding section, the Commission shall carry out all works necessary for introducing a supply of water into private premises and all alterations there which shall from time to time be required; the cost of the introduction and of all such alterations and repairs shall be defrayed in advance by the person into whose premises the water is to be introduced. 40. The Commission may, when it thinks fit, supply water by meter. The Commission shall at all times I.eep all meters and other instruments for measuring water, let for hire to any person, in proper order for correctly registering the supply of water and in default of its so doing such person shall not be liable to pay rent or other charge for the same during such time as such 1969 Water Supply Act 23 191 default continues. The Commission shall, for the purposes aforesaid, have access to and be at liberty at all reasonable times to enter premises for the purpose of removing, testing, inspecting and replacing any such' meter or instrument, and any person who shall obstruct the Commission in the exercise of such powers of entry or dealing with such meter or instrument shall be liable to a line not exceeding forty-eight dollars. 41. The meters or instruments and apparatus of the Meters etc. Commission shall not be subject to distress for rent of not to be h . I! d b h d subject tot e premtses w rere llC same arc use nor to e attac e distress for or taken in execution under any powers of any court, rent of or under any legal proceedings against or affecting the prenuses, consumer of the water, or the occupier of the premises, or other person in whose possession such meters, instru ments and apparatus may be. CATCIIM~'NT AREAS 2 (I All I I" . d k d Defining limils4.-) catc iment areas so mute , mar e out, of catchmen I and defined as such for any existing waterworks at the areas and ( . f h "" iorr of hi A h II rcservanon 0lime 0 t C COl11i1lg into operation 0 t IS ct s a same. remain with the Government of Grenada. (2) Additional catchment areas, when necessary, shall be derermiucd in accordance with regulations approved by the Commission: Provided that a map showing clearly the limits and areas of the catchment areas shall be made and kept for public reference at the office of the Com mission anti a notification of the completion of such map sh.111 be published in the Gazette. 43. No house or building or any other construction No building used or intended to be used temporarily or permanently 10 be erected as a dwelling shall be erected on any catchment area of ~~~~~~~Jllent the waterworks save and except constructions intended solely for the purposes of the waterworks. 44. Catchment areas shall be retained as forest Catchc-ent are f I . . d " 10 be retainedreserves or t ie protection, conservation an mainten- a, forest reserves.] 192 1969 Water Supply Act 23 Cap. 129 auce of which the Chief Forestry Officer shall be responsible in accordance with the provisions of the Forest, Soil and Water Conservation Ordinance. H h 45. Whenever the Governor shall, upon the repre .r~:' ~~tcbement sentation of the Commission or otherwise, decide that reserved for a catchment area is required for the purposes of extend augmcnung' .' • warcr ,upply. mg or uugmcnung the water supply, the Commission shall cause thc limits or areas thereof to be marked out, deli ned and mapped, as provided in section 42 of this Act, and thereafter no land not then already leased or sold by the Crown shall be granted, devised or otherwise disposed of within such limits or area for any purpose whatsoever. Commission or aaCUlS may enter land to carry out works. etc. 46.--( I) The Commission, or its officers, agents or servants shall, after giving reasonable notice in writing to any local authority, have the right and power to con struct or place any part or any of its works, projects, undertakings, or property, or to operate, maintain and extend the same across, in.over, under, through or along any street, public highway, or any lands which may now or hereafter be the property of the Government of Grenada or any local authority thereof, without obtain ing any franchise or permit therefor, but shall obtain the consent of the Senior Technical Officer of the Public Works Department with respect to constructions affect ing public lands and highways. The Commission shall restore any such street, highway, or lands to their con dition before the commencement of any operation and shall not use the same in a manner unnecessarily to impair their usefulness. (2) Whenever it becomes necessary to relocate installations of the Commission situated on the public thoroughfare, or in any other place, by reason or as a result or consequence of the execution of a public work in charge of the Department of Public Works or other Government agency, the cost of such relocation shall be considered as a part of the expenditure carried by the 1969 Water Supply Act 23 193 Department of other agency, and shall be paid o~ reim bursed to the Commission by the agency to which the work corresponds, according to the system in force with respect to the payments for the execution of a pubhc work: Provided that if the relocation is to be used for an improvement or enlargement of the water system affected, the Commission shall take charge of the addit.onal cost resulting therefrom. ACQUISITION OF PROPERTY 47. The Governor may, upon request of the COffi·Acquisilien . . . f tl f t k of property,m.ssion, acquire or ie purposes 0 wa erwor s any springs, streams or waters, and also any lands which may he reasonably required for such purpose, and to that end the Governor may contract and agree with the owners of such springs, streams, waters or lands, and with all parties having an estate or interest in the same, for the purpose of such springs, streams, waters and lands or such part thereof and all such rights, estates and interests into and over the same, as may be required. 48. In the event of the Governor and such owners, Acquisition of occupiers or parties interested as aforesaid, being ~'::d~cq~~I~r unable to agree as to the purchase money or otherwise, lion Ordinance. then the Governor may proceed to acquire the said springs, streams, waters or lands under the provisions of the Land Acquisition Ordinance, or of any Act which Cap. IS3 may hereafter he passed for the acquisition of land for public purposes. 49-( 1) Upon payment or tender of the purchase Lands ~cquiccd mO!ley agreed or awarded to he paid in respect of any ~~:~iI>". springs, streams, waters or lands purchased or taken by ~he Governor as aforesaid, the Commission may Immediately enter upon such springs, streams, waters, or lands, and the fee simple and inheritance thereof, and all the estate, right, title, interest, claim and demand of 194 Act 23 Water Supply 1965 Cap. 153 Power or Chairman to enter on land ror purposes or .urveyeIC. all parties therein shall be vested in the Commission for the purposes of this Act. (2) Upon payment or tender of the purchase money agreed or awarded to be paid in respect of any springs, streams, waters or lands purchased or taken by the Governor under the provisions of the Land Acqui sition Ordinance for the purposes of waterworks or whenever any of the respective cases shall happen wherein, under the provisions of the said Ordinance, such money is authorized or directed to be retained in the hands of the Accountant General, the Commission may immediately enter upon such springs, streams, waters, or lands, and the fee simple and inheritance thereof, and all the estate, right, title, interest, claim and demand of all parties therein, shall be vested in the Commission for the purposes of this Act. (3) Every such payment, tender or retainer shall in all respects operate as if a grant had been made to the Governor of the said springs, streams, waters or land or of the particular estate or interest therein as the case may be; and in all cases in which the Commission has a right of entry under the provisions of this Act and delivery of possession is refused or withheld, the Magis· trate of the district wherein such springs, streams, waters or lands are situate may issue his warrant to any police constable to enter upon the property, the possession whereof shall be refused or withheld, and to take pol' session thereof, and to deliver possession of the same to such person as in such warrant be nominated to receive the same, and the police constable is hereby authorized and required to take such possession and to deliver the same accordingly. 50. For the purpose of ascertaining the practicability or expediency of performing any duty or exercising any power under tbis Act, it shall be lawful for the Chairman and persons acting by his written authority (a) to enter upon and survey any land and take levels thereon; 1969 Water Supply Act 23 195 (b) to dig and bore under the subsoil of such land; (c) to do all such other things as may be inciden tal to or necessary for the purpose afore said: Provided that (i) except in cases in which the Minister has directed by notification in the Gazette that the powers conferred by this section may, subject to the next succeeding proviso, be exercised with out notice, the Chairman and persons acting by his authority shall not enter upon any land without giving at least twenty-four hours notice in writing to the occupier thereof; and (ii) the Chairman and persons actrng by his authority shall not in any event enter into any building without the consent of the occupier thereof without giving at least twenty-four hours notice in writing to such occupier; and (iii) adequate compensation shall be paid for any loss, damage or injury caused by reason of the exercise of the powers conferred by this section. 51.-(1) Subject to the provisions of this section, Compulsory any way-leave which the Minister deems necessary or acquisition • • of way-leaves desirable to enable the Chairman to perform any duty over private orexercise any power under this Act may be acquired laud. over any land. (2) Whenever the acquisition of a way-leave over any land has been provisionally approved by the Minister, the Chairman shall cause to be prepared (a) a detailed description (hereinafter referred to as "the description") of the proposed way 196 Act 23 Watel" Supply J969 I I leave and of the period for which it is sought (if it is sought for a fixed period) and of its location and of the works contemplated; and (b) a survey plan (hereinafter referred to as "the plan") indicating the location of the way leave. (3) The Chairman shall give notice of the inten tion to acquire the way-Ieave (a) by publishing in not less than three issues of a daily newspaper published and circulating in Grenada a notice setting forth the description. and naming a place where the plan may be inspected, and specifying the time (which shall not be Jess than fourteen days from the date of the last of the publica tions) and manner in which objections may be made; and (b) by causing a like notice to be exhibited conspi cuously in a convenient place or places in or near the area affected by the proposed way leave not later than the date of the last of the publications contemplated by paragraph (a) of this subsection. (4) Within the time specified in the notice men tioned in subsection (3) any person claiming the grant ing of the way-leave will cause him loss, damage or injury may give notice in writing to the Minister his objection to the way-leave and of the grounds thereof, and thereupon the Minister shall consider the descrip tion and the plan and the notice of objection and either uphold or overrule the objection. Whcn the Minister overrules an objection, 'he may nevertheless direct that the description and plan shall he modified in such man ner as he may think fit. The decision of the Minister shall be final and shall not be called in question in any court. 1969 Water Supply Act 23 197 52. It shall be lawful for any person specially Ri!l~ll of authorised thereto by the Commission to enter upon ~;h~~ised the lands and premises on which the source of any by Commission ~ . . to enter water supply IS located and also upon the lands and upon lands, premises through or under which the line of pipe passes or is intended to pass, without being subject or liable to any action, suit or proceedings, nne, penalty or punish ment for or in respect of any such entry or continuation upon such lands and premises. CONSTRUCTION OF ADDITIONAL WATER WORKS 53. The Governor may from time to time, with th~~~d;:s:~n~~ advice of the Commission, cause to be laid before the laid before Legislature, for approval by resolution of both Houses, ,Legl>lalure, a provisional order that waterworks be constructed for the supply of any area in and by such order to be defined. 54. In and by each such order there may be defined Matterv to be . I' f h h defined in 111 t ie case 0 eac sue water area- provisional (a) the source from which water shall be supplied; order, (b) the estimated cost of the waterworks to be constructed; (c) the capital loan or other advance to be autho rised for the construction; (d) the methods and terms of repayment of the capital sum to be expended in such con struction and the interest thereon; (e) the amount of water rate to be collected in the area; (j) such special conditions or directions with res pect to construction, maintenance, assess ment, rating and payment and to the vesting of property as it may appear necessary to supply and direct; (g) such other regulations respecting the matters mentioned in such order as it may be deemed desirable to insert ill such order in place of leaving the same to be dealt with 198 Aer 21 Water Supply 1969 Provisi~nal order 10 have Iorce of law. by regulations under the provisions of section 76 of this Act: Provided always that nothing in any such order shall be repugnant to any of the provisions of this Act. Amendmenl of 55. Ench provisional order may, subject to the pro provISIonal visions of this Act, be amended or added to from time order. to time in respect of any of the matters aforesaid by subsequent like provisional orders similarly to be laid before the Legislature. 56. Each such provisional order on being approved by resolution of both Houses of the Legislature shall be published in the Gazette and shall as from the date of such pubJicHtion have the sam~ forc~ and effect as if the provisions thereof were con tamed 111 and formed part of this Act. Provisional order 10 be judicially noticed. legislalure may approve amend or .rejecl provisional erder, Conslruction olwork. in pursuance of provisional : order. 57. Each such provisional order on publication as aforesaid shall be judicially noticed. 58. The Legislature shall have power to sanction or to reject <lily such provisional order and with the assent of the Governor, but not otherwise, to amend or other wise add to the same. 59. The Governor, after such provisional order as aforesaid has become law, may authorise the Com mission to proceed with the construction of the water works according to such order and all lands, streams springs, riparian and other water rights, watercourses: way-leaves, easements and other interest in the land necessary for the construction in the area of the water works by such provisional order may be acquired in accordance with the provisions of the Ordinance relat ing to the acquisition of lands. 1969 Water Supply Act 23 199 60. The Commission shall, from time to time in the ~li~~ioo manner prescribed by this Act, provide the monies as~S~IJ requisite in anyone year for the upkeep and repair of additional . waterwork •. additional waterworks and for interest charges and sinking fund established for the repayment of any loan or loans made for the construction of such waterworks. WELLS AND BORE-HoLES 61.-0) It shall not be lawful for any person . , Siokio& oC (u) to sink any well or bore-hole or to deepen au, wells and existing well or bore-hole with the object of !bore-holes abstracting under-ground water therefrom or of using it for the disposal of sewerage water or other waste, or to carry out any part of any such operations or to cause or suffer any of such operations to be carried out in whole or in part, unless there is in force a permit in writing so to do granted by the Commission and unless the conditions and restrictions contained or implied in such permit are complied with; (b) to abstract under-ground water from any well or bore-hole or to use it for the disposal of sewerage water or other waste or to cause to sutTer any such operation to be carried out, unless there is in force a licence in writing to do so granted by the Commission and unless the conditions and restrictions con tained or implied in such licence are com plied with: Provided that, in the case of any well or bore hole which is in existence immediately before the commencement of this Act, and which is then used for the abstraction of underground water or the disposal of sewerage water or other waste a licence to continue the particular user shall not be required until the expiration of one month from the day 01) 200 Act 23 Water Supply 1969 which this Act comes into force, or, if application is meanwhile made for a licence, until the applica tion is disposed of by the Commission. (2) Application for any permit or licence men tioned in paragraph (i) of subsection (4) of this section shall be made in writing to the Chairman and shall be in such form and shall contain such particulars verified in Stich manner as the Commission may generally or speci ally require. Without prejudice to the generality of this provision, particulars may be required to be given and verified as to the water bearing capacity of any aquifers, when such capacity is in question, and of all relevant geological data as to the outcrop area near the site 'of the well or bore-hole or proposed well or bore hole. (3) A licence to abstract underground water shall not he refused in the case of a well or bore-hole which is in existence immediately before the com" mencement of this Act, and which is then used for the abstraction of underground water but any such licence may be subject to conditions and restrictions. . (4) Subject to the provisions of subsection (3) of this section, the Commission may refuse a permit or licence: (a) in the case of a permit (i) if the purpose for which the well or bore hole is to be sunk, deepened or con verted is one which, if carried into effect may, notwithstanding any con ditions or restrictions which could pro perly be imposed, be a source of danger to health and lead to contamination of any source of water (including the well or bore-hole in question) or prejudice the reasonable conservation, control or exploitation of underground sources of water; or (ii) if the purpose for which the well or bore-hole is to be sunk, deepened or converted is the abstraction of water where a suitable water supply from the 1969 Water Supply Act 23 201 Commission is already available or will be available within a reasonable period; (b) in the case of a licence, if the purpose for which the licence is sought is open to any of the objections mentioned in paragraph (a) of this subsection or, if the licence is for the abstraction of water where a suitable water supply from the Commission is or will be available as mentioned in the said para graph. (5) Any conditions or restrictions may be attached to a permit or licence which are appropriate to prevent any danger to health or any danger of con tamination of any source of water (including the well or bore-hole in question) or any prejudice to the reason able conservation. control or exploitation of under ground sources of water; and, without prejudice to the generality of this power, all or any of the following con ditions or restrictions may be attached to any licence to abstract underground water from any well or bore-hole namely (a) that the pumping of water out of such well or bore-hole shall be carried out at such times and at such rate as the Commission may from time to time fix; (b) that the water from such well or bore-hole shall not be sold to any person or used or per mitted to be used by any person except the holder of the licence and members of his household or establishment; (c) that the water shall not be used or permitted to be used or distributed for drinking purposes (whether as it stands or is an ingredient in any food or drink) unless the permission in writing of the Chief Medical Officer has been obtained, and shall cease to be so used or permitted to be used whenever the Chief Medical Officer certifies that the water is no longer fit for human consumption: 202 ACI23 Waler Supply 1969 Provided that nothing in this paragraph shall be dee. ned to prohibit the use of water for drink ing pUl poses a,; aforesaid if such water is purified in acccrda.ice w.ih the directions of the Chief t· edical Oiiicer and to his satisfaction; (,.) that samples of the water obtained shall be subm.tt.xl to the Commission at such time :~~ ;t n.aY rc.;uire. (6) The ;'ol!()wing shall be implied conditions of all)' F:':I'.:lll 0,' licence grunted under this section, ll.llildy Cd 1:',:[ the C;;'lilli:.:;:on or any person authorised l,y t:,; e,'.l";Ii;,,ion shall have the right to ~ Ii,"; ~:";,,:,:,3 !J lilld to inspect the well, bore !':Jk \.j' pil'Ol!,;ilg apparatus used in connec [-:;,1 tiu",,<th, and to call for and obtain 30., il d,I~,! Cncluding geological data) in connection with the well or bore-hole as it is rcasonul.l.' p.ucticable to obtain; iM t::ilt the CJilll.. is"ion shall have the right to cuncci tl.c permit or licence, or to vary or ,;c!J to til) conditions or restrictions of the per.nit or licence, where its continuance in Iorce or, as the case may be, its continuance in force without variation of or addition to its con-lit 'ens or restrictions, would be open to any of the objections mentioned in this subsection; (c) that the permit or licence may be cancelled by the Commission if there is a conviction un.ler section 63 of this Act for a contra \';,;:~lion of any restriction or condition con lain2d or illlplied in the permit or licence, (7) Every permit issued under this section shall L: v;::'J, unless previously cancelled, for such period ;i ~ l~i,)' h; specified therein or for such further period as tl:c C:»: rn',::;.:n may allow in special circumstances, (S) Every licence issued under this section shall e:;pire. unless previously cancelled, on the thirty-first C!;iY of December following the date of issue: 1969 Water Supply Act 23 203 Provided that, if application has mea~while been made for a new licence, the former licence shall remain in force until such application is dis (1J'd of by the Commission. (9) Permits and licences shall be in such form as the Commission. subject to the provisions of this section, may generally or specificallv approve. 62.-0) Subject to such endorsements as may be Pcrrnits or • • • I.tl.,l..l..S {O made Iom time [0 time hy the Commission, a permit or be prr"cnal licence shall h.~ personal to the 2r~lf1tce.. . ~I~'~'~'~LJ. (.2) Everv person who sl.nll from tune to tune become entitled hy endorsement as aforesaid to the benefits of a permit or licence shall be bound also by the conditions and restrictions thereof, 63. Any person who contravenes any of the provi- Offences. sions of section 61 of this Act shall be guilty of an offence aaainst this Act and shall be liable on summary conviction at the option of the convicrino court to a fine of five hundred della rs or to a fine of fifty dollars for each day during which the offence continues. 64.-0) If a well or hare-hole which has been con- Power of structed or used for the abstraction of underground ~ou~~m~~~i~n to water or the disposal of seweraoc water or other waste or bore-holes is net used or cease, to be used for those purposes, the ~~f~e rendered Commission may. by notice in writinr; served on the owner of the land on which t111:: well-or bore-hole is situate, require such owner to phw or fill such well or bore-hole or otherwise to render it safe, to the satis faction of the Commission within sucl- time a, m:1Y be specified in the notice or such further time as the Com mission mav allow. If the owner of the land fails to comply with such requirements. t1~e Chairman and per sons acting bv his written aurho-irv rnav enter the land and plun or fill the well or bare-hole. or otherwise ren der it safe. to the satisfaction of the Chairman. 204 Act 23 Water Supply 1969 Powers of Chairman in cases of contravention of section 61. (2) Any owner aggrieved by any requirement contained in a notice served on him under subsection (1) of this section shall have a right to appeal against such requirement to the Minister whose decision shall be final. (3) The Commission's expenses, reasonably in curred in the exercise of the powers conferred by this section, shall be a debt due by the owner of the land in question to the Commission and shall be a charge on the land. 65.-(1) If any well or bore-hole has been sunk, deepened or converted, or if any part of any such opera tion has been carried out, in contravention of the pro visions of section 61 of this Act, or if a well or bore hole is used in contravention of that section, and there has been a conviction under section 63 of this Act, in respect of any such contravention, the Chairman and persons acting by his written authority may, after giving three days notice in writing of his intention so to do to the owner of the land on which he well or bore-hole is situate, enter on the land and plug or fill the well or bore-hole or otherwise render it safe, to the satisfaction of the Chairman. (2) The provisions of subsections (2) and (3) of section 64 of this Act shall, mutatis mutandis, apply to this section. Exemption as 66. Notwithstanding the preceding provisions of this to shallow Act dUll wells, CIC. (a) a permit shall not be required to sink a well which will he a shallow dug well, as defined in this Act. or to deepen or convert a shallow dug well unless, after the well has been deepened or cqnverted, it will cease to be a shallow dug well; (1)) a licence shall not be required to abstract water from a shallow dug well unless such well is 1969 Water Supply Act 23 205 used or intended to be used to provide water for drinking purposes; (c) a permit or licence shall not be required in re lation to any well or bore-hole used or in tended to be used for the disposal of sewer age water or other waste when such well or bore-hole is not more than twelve feet deep: Provided that the Governor may by order declare an area to be one within which permits and licences must be obtained even when the depth of any well or bore-hole as aforesaid ill not more than twelve feet. OFFENCES, PENALTIES AND PROCEEDINGS 67. Every person who (u) bathes in any part of the waterworks or in any watercourse; or (b) drives or permits or suffers any animal to be driven or to enter the waterworks or into any watercourse; or (c) washes in Of throws into or causes or suffers to be washed in or thrown into the water works or into any watercourse any animal; or (d) washes in or throws into the waterworks or into any watercourse any dead animal or any part of a dead animal; or (e) puts or throws or causes or suffers to be put or thrown into the waterworks or into any watercourse any rubbish, dirt, filth or any foul offensive matter, solid or liquid; or (f) washes or cleanses or suffers or causes to be washed or cleansed in the waterworks or in any watercourse any cloth. wool, leather or skin of any animal or any clothes; or (g) causes or suffers the water from any sink. sewer. drain, steam engine or boiler or any foul or Offences and penaltica. 206 ACI 23 Water Supply 1969 Power to enter premises to examine at to waste. filthy water being and lying upon any land or premises which are under his manage ment and control or under the manage ment and control of his servants or agents to run or flow into the waterworks or into any watercourse; or (/Il constructs, alters or extends the service in his premises or connects any tap on his premises with the distributary pipes of the water works without the knowledge and consent of the Commission; or (I) negligently or improperly moves or injures any main or other pipe of the waterworks or obstructs the same; or (j) does or commits any other thing or act whatso ever whereby any water flowing to or from the waterworks is fouled or polluted or the flow thereof impc.led or interrupted or the water is improperly abstracted or wasted; or (k) docs, or wilfully or knowingly omits to do, any act or thing the wilful or knowing omission of which is by the regulations of the Com mission declared to be an offence; shall be guilty of an offence against this Act and on summary conviction thereof shall for every such offence be liable to a fine not exceeding two hundred and fifiy dollars or to imprisonment with or without hard labour for a term not exceeding three months or to both such fine and imprisonment. 68. The Commission or its duly authorised officer or servant may, between the hours of six o'clock in the morning and six o'clock in the afternoon, enter into any premises supplied with water from the waterworks in order to examine -the service thereon and ascertain if there is any waste or misuse of such water. If any person lawfullv claiming ndmission to any premises in pursuance of this section is refused admission into such premises or otherwise prevented from making such examination, the person so refusing admission or other 1969 WaterSupply Act 23 wise preventing the examination, shall be liable on sum mary conviction to a line not exceeding forty-eight dollars. 69. The permission of the Commission shall be Pos>cssion , , . II' . t k t of tank onobtained poor to mstu ing on any prenuses a an 0 premises be used for storing water supplied by the Commission. without, , , ion of I' . h II permiSSionAny person acting m contr~lv~ntlOn 0 , t HS section s.a of .. be liable on summary convicuon to a fine not exceeding CommiSSion. ninety-six dollars. 70. If any pcrson supplied with. ~ater wilfully or by ~il}~\ty for culpable negligence 111 any way Injures or causes or injury of suffers any pipe, valve, cock, cistern, bath, soil-pan, waste. water-closet, or other apparatus or receptacle to be injured, damaged or tampered with, or to be out of repair, or to be so used that the water supplied to him is or is likely to be wasted, misused unduly consumed or contaminated, or so as to occasion or allow the return of foul air, or any noxious or impure matter into any pipe belonging to or in connection with the pipes of the waterworks, such person shall, for every such offence, be liable on summary conviction to a fine not exceeding two hundred and fifty dollars. 71. In case any damage shall result to the waterworks Damage to from the commission of any of the offences mentioned waternorta. in the preceding sections, it shall be lawful for the Magistrate, in addition to any punishment he may inflict, to order the offender to make compensation to the Commission on such terms and conditions as he may think fit. 72.-(1) All offences against this Act or any regula- Prosecutions tions made thereunder may be prosecuted, and all rates, aod luil&. charges or claims under this Act may be sued for, by the Manager or by any other person authorised by the Commission in writing in that behalf before a Magis Irate's Court. 208 Act 23 Water Supply 1969 Power of entry to inspect sources of water sUPl'ly and to erect Jau.e•. Water lupply may be cut off in certain cases, (2) The procedure shall be governed by the law for the time being in force regulating procedure in a MJgistrate's Court. (3) All penalties recovered under this Act or under any regulations made thereunder shall be paid to the Commission and shall be deemed to be revenues of the said Commission. MISCELLANEOUS 73. The Commission or any person authorised on its behalf may enter into and upon and inspect any lands or premises adjacent to or in the neighbourhood of the waterworks, or of any watercourse from, to, through, along, or by which water is conducted and supplied to the waterworks, and to erect without permission and from time to time inspect, repair, replace or remove any gauge or any other measuring instrument or other appliance that the Commission may deem necessary. 74.-(1) If any person supplied with water wrong fully does or permits to be done anything in contraven tion of any of the provisions of .this Act, or of the regulations made thereunder, or wrongfully fails to do anything which under any of such provisions ought to be done for the prevention of the waste, misuse or contamination of water, the Commission may, without prejudice to any other remedy in respect of any such act, neglect, or default, cut off or disconnect the supply of water to the premises of such person, and cease to supply water thereto, so long as the cause of waste, misuse or contgmination remains. or is not remedied. (2) It shall be lawful for the Commission, having given reasonable notice, to discontinue the supply of water to any premises where the person responsible for the payment of the rates and charges in respect of the supply of water to such premises is in arrear with any such payment due to the Commission from that person. until the arrear and the Commission's reasonable charge for reconnection of the service have been fully paid. 1969 Water S14Pply Act 23 209 75. The Commission may at any time close any public f'10wer to bl... h di C ose pu rctapwhieh is left running or otherwise IU sue a con 1- taps. tion as to cause waste or misuse of water. 76.-(1) Subject to the provisions of this Act and of Power to i any provisional order, the ...GovernQLmay, at the requ.est ~:~iatiolla. of the Commission, make regulations for the following , matlers:- ~ (a) regulating the supply of water for sanitary and VI ,., domestic purposes; (b) regulating the sUPPlY of water to ships; (c) regulating the supply of water by meter; (tI) with respect to the time and mode of making application for any supply of water; (e) with respect to the manner of laying house services, the quant.ty of water to be supplied and the nature and quality of the meters and other appliances and apparatus to be used; If) with respect to the circumstances in which a water supply shall be stopped; (g) with respect to the management and control of the waterworks and for the prevention cf waste or misuse of water; and (/ti the forms of all notices required to be given or sent under this Act and the issuing or service thereof. (2) No such regulations nor any alteration or repeal thereof shall have any force or effect until they have been published in the Gazette. 77.-(1) The quality of the water supplied by the\Quality I Comm,ission shall be under the control of the Ministeq~~p;u~d L through the Department of Public Health. I (2) Any person who fails to comply with the directions, instructions and standards set up for the quality of the water and any sanitary aspect of the waterworks shall be guilty of an offence under this Act. 210 Act 23 Water Supply 1969 Pollution of water. Saving of exisung regulations. Saving of pending proceedings. Repeal. C:1P, 311. No.2'.l , 196(., No.40, 1961. No, 3 of 1961. and on summary convicnon be liable to a fine not exceeding one hundred dollars. (3) Any officer of the Department of Public Health is authorised to enter the premises of any plant or waterworks for the purpose of inspecting or taking samples of water and of verifying that the directions, instructions and standards issued by the Department of Public Health are complied with. 78. It shall he the duty of the Commission to prevent the pollution or contamination of the rivers, springs, wells. catchments areas or other water source or supply. 79. All laws and rules (referred to in this Act as rcguhuious) cf the water authorities whose powers and duties are transferred by this Act shall, so far as they relate to or were made in pursuance of the powers and duties transferred. continue in force.as if they had heen made by the Commission subject nevertheless to revoca tion or alteration in manner provided under this Act. 80. No action or proceeding pending or existing by or against any District Board or by or against the Saint George's Corporation or by or against the Central Water Authority in anv matter affecting the supply and control of water shall be in any way affected by reason of the passing of this Act, but may be continued, prosecuted and enforced by or against the Commission as successors of the said District Board, Saint George's Corporation or Central Water Authority in like manner as if this Act had not been passed. 81. The following enactments are hereby repealed: (a) the Water Supply Ordinance; (b) the Water Supply (Amendment) Ordinance, 1960; (1') the Water Supply (Amendment) Ordinance, 1961; • (d) section 121 of the Saint George's Corporation Ordinance 1961. 1969 Waler Supply ACl23 211 82. Whenever the provisions of this Act or any rules Provision of I , d h d ' fl' , /.hIS Act tnor regu at Ions rna e t ereun er are 10 con ict or incon- prevail ill sistent with the provisions of any other law or rules cas~~ of relating to the control of water supply, including the COil ret, imposition and collection of rates and charges therefor, the provisions of this Act and the rules and regulations made thereunder shall prevail. 83. For the avoidance of doubts it is hereby declared Transfer rf and confirmed that all the powers, rights and duties of ~~~~:asl 0 the Central Water Authority, the District Boards and 'f~lll~~r'ty the Saint George's Corporation relating to the control and loc'~l of water supply, including the levying and collection oflillhorllle•. rates and charges therefor shall, from the commence ment of this Act be transferred to the Central Water Commission established under the provisions of this Act.. Passed in the House of Representatives this 20th day of May, 1969. CURTIS V. STRACHAN, Clerk of the House of Representatives. Passed in the Senate this 6th day of August, 1969. CURTIS V. STRACHAN, Clerk of the Senate. GRENADA. PRINTED BY TilE GOVERNMENT PRINTER, AT THE GOVERNMENT PRINTNG OFFICE, ST. GEORGE'S, 1969,