Water Corporation of Anguilla Act, Revised Statutes of Anguilla, Chapter W4

Anguilla SECTI0N l. Interpretation Water Corporation aj Anguilla WATER CORPORA TION OF ANGUILLA ACT TABLE OF CONTENTS R.S.A.c.W4 ESTABLISHMENT OF CORPORATION AND CORPORATE OPERATIONS Establishment, Objects and Pawers 2. Establishment ofWater Corporation of Anguilla 3. Objects ofCorporation 4. General powers ofCorporation The Board and its Operation 5. Toe Board and its constitution 6. Liability ofmembers 7. Chairperson, Deputy Chairperson and interim chairperson 8. Remuneration. expenses and allowances ofmembers 9. Resignation and removal of members 10. Procedures ofBoard Officers and Employees 1 l. Appointment ofChiefExecutive Officer 12. Appointment of other officers and employees 13. Exclusive authority ofBoard over officers and employees 14. Secondment ofpublic officers 15. Transfer of services of public officers and preservation of pensions. allowances and other benefits 16. Annual business plan 15/12/2008 Financia/ Provisions CGovemmentofAngullla Copylng/unauthoriseddlstrlbutlonstrfctlyprohiblted PubllshedvnderAuthorltyby TheReg��,..R����lnc. R.S.Ac. W4 Water Co,poration of Anguilla 17 FundsandresourcesoftheCorporationandtheirapplication 18 Borrowingpowers 19 lnvestment ofsurplusfunds 20 Accountsandaudit 2 1 Audit or acceptance of accounts by Chief Auditor 22 Annual accountsandreport 23 Exemptionfromtaxes PART3 RIGHTS AND RESPONSIBILITIES OF CORPORATION Interpretation 24 Definitions General Prohibition on Supply of Piped Water 25 Prohibitiononsupplyofpipedwaterexceptby Corporation Vesting of Waten,orb, Waylea~n and other Rights and Property in Corporation Anguilla 26 Vesting of waterworks, wayleaves, etc. of Crown, Government, etc. in Corporat ion Rights of Entry 27 Entry into privateroadorprivateland 28 Warrantfor entry Wayleaves in Public Roads, Private Roads and Primte Land 29 Acq uisit ionofandexerc iseofrightsunderwayleavesinpubt ic roads 30 Acq uisition ofwayleavesinprivateroads 3 1 Exerc iseofrightsunderwayleaves in privateroads 32 Acq ui sition ofwayleaves in privateland 33 Exerc iseofrightsunderwayleavesinprivate land 34 lnstal lationsofotherpubt ic ut ilitiesoroperators 35 lnstall ationsofotherpersonsinpubt icroads 36 Damageorfailuretoperformobligat ionsbyCorporation undersections27(3) , 29, 3 1 and33 37 Adverseeffectofwaterworksonvalueorutilityofland 38 Malicious interference with rights of Corporation 39 Acq uisit ionofland 40 Immunity from distress, etc. of waterworks on premises other than those of Corporation 4 1 Judicialreview 15/12/2008 Anguilla Water Corporation of Anguilla SUPPLY OF WATER SERVICE 42 Duty ofCorporationtosupplywaterservice 43 Serviceconnections 52 Water consumption to be measured by water meter 53 Test ingofwater meters 54 Measurement of consumption when unable to gain access to read water meter 55 Customer' srequest to relocateserviceconnection PART 5 RETURNS OF INFORMA HON, REGULATIONS AND OFFENCES 56 Ministermayrequire returns 57 Regulations 58 lllegalconnectionsandworksrelatedto ill egal connections 59 Unlawful abstraction or consumption of unlawfully abstracted water 60 Wilfu lcontamination, etc. ofpotablewatersupply 6 1 Damage to water meters and ill egal reconnection of water serv ice 62 Disconnecting, damaging, etc. waterworks 63 Obstruction, etc.ofpersonauthorised byCorporation 64 Prohibitionsrespectingwaterfromstandpipes 65 Offencesbydirectors, officersor agentsofcorporations 66 Notice 67 Citation 68 69 PART6 CITATION AND TRANSITIONAL PROVISIONS R.S .A . c . W4 70 Transitional: leaseofland, vestingofpersonalpropertyandassignmentofcontracts SCHEDULE: Procedures of the Board 15/12/2008 Anguilla Water Corporation of Anguilla WATER CORPORATION OF ANGUILLA ACT Interpreta tion lnthisAct "abstract" includesdivert; "Board" meanstheBoardoftheCorporationestablishedundersection5(1); "businessplan", in relationtoafinancial year, means ( a) the bus iness plan approved under sect ion 16~ and (b) al l amendmentstothebusinessplanapproved underthatsection, fo r the financial year; "Chairperson" meanstheperson designated undersection7(1)asChairperson; "charge for water service", in relation to a customer, means R.S.A . c. W4 (a) subjecttoparagraph(b), achargetothecustomerreferredtoin sect ion46(1); or (b) in thecasethattheCorporation andacustomerhaveentered into a special agreement referred to insection46(6), thechargetothecustomersetout insuchagreement~ "Chief Auditor" has the same meaning as ass igned to it in the Financial Administration and Audit Act; "ChiefExecut iveOfficer" meansthepersonappointedassuchunder section 11(1); "Corporation" means the Water Corporat ion of Angui lla established by section 2; "Court" means the Magistrate ' s Court; "customer" means a customer of the Corporat ion and includes a potential customer; " Deputy Chairperson" means the person designated under section 7( I) as Deputy Chairperson; " fi nancial year" means the 12 month period ending on 3 1 December in each year; "Government" means the Government of Angui lla; " land" means landasdefinedintheRegisteredLandAct; 15/12/2008 R.S.Ac. W4 Water Co,poration of Anguilla "member" means a member appointed under sect ion 5( I)~ "Minister" means the member of Executive Council respons ible for waterworks; "Ministry" means the Ministry responsible for waterworks; "not ice", exceptin respectofaBoardmeeting, meansnoticeundersection43or66; Anguilla "piped water" means water upplied through a system of waterworks to the public but does not includewater5uppliedby (a) aperson whoin connectionwithhisorherbusinessoperat ionsonhisorherpremises supplies water by waterworks for public consumpt ion by persons on those premises if the water is not supplied by waterworks off those prem ises, whether or not the water is water treated orsupplied, or both, by the person or supplied by the Corporation to the person; (b) alandlordwhoinconnection with the lease or rental ofhisorher premisessupplies water by waterworks to those premises fo r public consumption by persons on those premises if the water is not supplied by waterworks off those premises, whether or not the water is water treated or supplied, or both, by the landlord or supplied by the Corporationtothelandlord; or (c) anypersonoroperationexemptedby regulation; "prescribed" meansprescribed by regulation undersection 57(1); "public officer" means public officer within the meaning of sect ion 73(1) of the Const itution of Angui ll a; "serviceconnection" means theconnectionof waterworksfrom the nearest convenient point of the water-main of the Corporation to the point on the prem ises of the customer where the water meteroftheCorporationisinstalledandincludesthewatermeter; "Water Board" means the Water Board which was established under section 3 of the Watercourses and Waterworks Act, R.S.A c. WS, and was in existence immediately before 3 November 2008; "water-main" means a pipeline through which water is or is intended to be distributed for consumption by the public generally; "water service" means the supply of piped water to a customer on his or her premises by the Corporationandincludestheright tohavewatersuppliedby pipetothecustomeronhisor her premises by the Corporat ion; "waterwork " meam1 the ...wter-maimJ, pipe!, valves, fitting!, pump!, pumping 5tatiom1, tanks, washout , standpipes, water meters and appurtenance! used in, or in relat ion to, the conveyance of water (Am. ;nL.R. /51/2/2008) 15/12/2008 Anguilla Water Corporation of Anguilla R.S .A . c. W4 ESTABLISHMENT OF CORPORATION AND CORPORA TE OPERATIONS Establishment, Objects and Powers Establishment of Water Corporation of Anguilla ( I) The Water Corporation of Anguilla is established with an exclusive right to supply piped (2) The Corporation is a body corporate with perpetual succession and a common seal and may sueandbesuedinitscorporate name (3) TheCorporation hasanexclus iverighttotheuseofitsname (4) The common seal shall be kept in such custody as the Board directs and shall be authenticatedby theChairpersonorDeputyChairperson (5) Contracts and instruments made by the Board, othe r than those required by law to be under seal , and resol utions of the Board may be authent icated under the hand of the Chairperson or Deputy Chairperson Objects of Corporation TheobjectsoftheCoq:xxat ionaretoengageinactivitiesto (a) manage and operate a piped 'N.!ter 5ystem in uch a manner that the public has a supply ofpotablewaterthat i reliable. efficientandeconomic; (b) maintain and from ti me to time to repair, alter or replace, in whole or in part, the waterworks of the Coq:x:>rat ion; and (c) upgrade and extend the waterworks of the Corporation to all parts of Angui lla to the extent that it isreasonablefortheCorporation todoso Generalpowersof Corporation 4. lnadditiontotheotherpowersconferredupontheCorporationinthisActandtheregulations, theCorporationhasthepowertodoall things necessary for, orancillaryor inc idental to, the carrying outofitsobjects, including thepower (a) toacquire, holdanddeal withinterestsin land referredtoin 15/12/2008 (i) section26(2)(vestingofwayleaves, easementsandotherrights), or ( ii ) wayleavesacquired undersection 29, 30or32orwayleaves, easementsandother similar rights otherwise acquired~ R.S.Ac. W4 Water Corporation of Anguilla Anguilla (b)in re lation toland, other thanlandor interestsinlanddescribedinparagraph (a}, to acquireandhold and, subject totheapproval oftheMinister, deal withanddisposeof that land, oranyinterestinthatland; (c) toenter intoagreementstopurchasepotablewaterfordistributionbytheCorporation; (d) todesign, construct, acquirebypurchase, leaseorotherwiseandoperatefacilitiesto providepotablewaterfordistributionbytheCorporation; (e) subject to any Act or regulation, to abstract ground water fo r treatment and distribution by pipe by the Corporation; (f) to contract w ith any person forthesupplyto, or by, the Corporation of any goods or (g) toopen, maintain orctoseanaccount with anybankin Anguillathatholdsalicence under the Banking Act; (h) towriteoffdebts; and (i) to make reasonable contributions to charitable or phi lanthropic causes by way of sponsorsh ip or otherwise The Board and its Operation The Board and its constitution 5. (I) The affairs of the Corporation shall be managed by a Board consisting of 6 members appointed by the Governor in Council from among persons experienced or having knowledge in business management, industrial relations, finance, engineering or law but not more than 2 members shallbepublicofficers (2) Eachmembershallbeappointedforaterm notexceeding3years (3) A person is disqual ified from being appointed and from remaining a member if the person 10 (a) isundertheageof IS years; (b) is a member of the House of Assembly; (c) isanofficer oremployeeoftheCorporation; (d) is an und ischarged bankrupt; (e) isofunsoundmind; or (f) has been convicted of an offence involving dishonesty, whether in Anguilla or outside, or acontraventionofthisActortheregulat ions 15/12/2008 Anguilla Water Corporation of Anguilla R.S.A. c. W4 appo intment as a member does not affect a person 's elig ibi lity to be re (5) A notice of the appointment of a member shall be publi shed in the Ga=ette without delay after the appointment (6) The Board is deemed to be properly const ituted notwithstand ing that there is a vacancy on the Board or a defect in the appo intment ofa member, otherthan a disqualification referred to in subsect ion(3) (7) lfa memberis (a) absentfromAngui lla; or (b) unabletoact; the Minister may appoint a person who is eligible to be so appointed to act during the member 's absenceorinabilitytoact Liability of members 6. No act ion for damages may be commenced against a member or a committee member who is not a member for anyth ing done or not done in good faith by the member or committee member who is not a member while carry ing out hi s or her respons ibilities or exerc ising his or her powers under this Act Chairperson, Deputy Chairperson and interim chairperson 7. ( I) The Governor in Council shall designate, from among the members who are not publi c officers, one person to be Chairperson and another to be Deputy Chai rperson of the Board (2) The Deputy Chairperson may act in place of the Chairperson if the Chairperson is absent orunabletoactortheofficeofChairperson is vacant (3) If, by reasonoftheabsenceor incapacity of the ChairpersonorDeputyChairperson ora vacancy in either of those offices, the Board does not have a chairperson, the Board may designate oneofthe membersasan interi m chairperson Remuneration,ex penses andallowancesofmernbers 8. ( I ) The members shall be paid such remuneration as may be determined by the Governor in Counci l (2)TheBoardmay (a) rei mbursethe reasonableexpensesofmembers; or (b) establ ish allowances for the reimbursement of reasonable expenses of members~ incurred inthecourseofthecarry ingoutoftheirresponsibilitiesas members 15/12/2008 R.S .Ac. W4 Water Corporation of Anguilla Anguilla Resignation and removal of members 9. (I) A member may at any time resign by g iv ing written notice to the Minister and a resignationiseffective upon receiptof the not icebytheM inister (2) The Governor in Counci l may, by written notice, remove a member from office if the GovernorinCounci l issatisfiedthat (a) the member has, without the consent of the Board, been absent from 3 or more consecut ivemeetingsof theBoard; (b) the member is or becomes disqualified under sect ion 5(3) from being appointed or fromremainingasa member; (c) the member has an interest that is likely to affect prejudicially the exerc ise and performanceofhisorherresponsibi litiesasa member; (d) thememberisunableorunfittocarryouthisorherresponsibil itiesasamember; or (e) it is inthepublicinteresttodoso (3) If a member resigns, is removed from hisorherofficeorhisorheroffice is vacated by deathpriortotheexpiryofthetermforwhichheorshehasbeenappointed, theGovernorin Council may appoint a new member to replace him or her ( 4) An appointment of a member under subsect ion (3) may be fo r the unexpired period of the term of office of the member in whose place he or she is appointed or for a new term of not more than 3years (5) A notice of the resignat ion or removal or the vacating of office by death of a member shall be published in the Ga=ette without delay after such resignation, removal or death, as the case may be Procedures of Board IO. The Schedule has effect with respect to procedures of the Board Officers and Employees Appointment of Chief Executive Officer ti. ( I) The Board shall , at such remuneration and on such terms and conditions as it considers appropriate, appo int a Chief Executive Officer of the Corporation, who shall be a full-time officer of the Corporation and shall not engage in any other trade, profession, occupation or business without the consent of the Board 12 (2) Without prejudice to the generality of subsection ( I), the Chief Execut ive Officer shall (a) attend meetingsofthe Board; (b) 15/12/2008 Anguilla Water Corporation of Anguilla R.S.A. c. W4 (c) perform such other funct ions in accordance with this Act and the terms and conditions ofhisorhercontractofemployment (3) Under the direction of the Board, the Chief Executive Officer is responsible for (a) themanagementoftheCorporation; and (b) provid ing technical adviceandguidancetothe Boardonmattersofpolicy ( 4) Whenever the office of Chief Executive Officer is vacant or the Chief Executive Officer is absent from Angui ll a or is unable to act, the Board may appoint an officer of the Corporation to act onhisorherbehalf Appointmentofotherofficersandemployees 12. ( I ) Subject to subsection (5), the Board shall , in addition to the Chief Executive Officer, appointat suchremunerationandon suchtermsandconditionsasitconsidersappropriateaFinance Manager and such otherofficersandemployeesasare necessary for the propercarryingout ofthe responsibi li tiesand theexerciseofthepowersoftheCorporation (2) No officer or employee of the Corporation appointed under subsection (I) shall engage in anyothertrade, profession, occupat ionorbusinesswithouttheconsentoftheBoard (3)Whenevertheofficeof FinanceManagerisvacant ortheFinanceManagerisabsentfrom Anguilla or is unable to act, the Chief Executive Officer may appo int an officer of the Corporat ion to acton hisorherbehalf. (4) The Board may delegate to the Chief Executive Officer the power (a) toappointemployeesorclassesofemployees; and (b) to consent on behalf of the Board to any such employee engaging in any trade, profess ion, occupation orbusiness (5) The Governor in Counci l may g ive to the Board d irections of a general nature in re lation to the remuneration of the officers and employees of the Corporation and the Board shall follow such directions ExclusiveauthorityofBoardoverofficersandemployees 13. (I) Except in respect of public officers who are seconded to the Corporation, the Board has final authority with respect to the appointment, term ination of employment, promotion or disc ipli ne ofitsofficersoremployees (2) The Board may, by directions in writing and subject to such condit ions as it thinks fit , delegate any of its powers under thi s Act with respect to the tennination of employment or d isc ipl ine of its officers or employees to any one or more members of the Board, or with the approval of the Governor in Counci l, to the Chief Executive Officer 15/12/2008 13 R.S.Ac. W4 Water Co,poration of Anguilla Anguilla Secondment of public officers 14. ( I ) The Governor may approve the secondment of such public officers for service w ith the Corporation as appears necessary for the proper carrying out of its responsibilities and the exerc ise of its powers (2) A public officer seconded under subsect ion (I) shall , in relation to payment of salary, pension, gratuityandthelikeandtootherrightsandtodiscipli ne, betreatedas ifthepublicofficer were not so seconded Transfer of services of public officers and preservation of pensions, allowances and other benefits 15. (I) All public officers employed in the Water Department of the Government are transferred, on 3 November 2008, to the service of the Corporation at a remuneration and on terms and conditions ofservicethat arenot lessfavourablethan the remuneration andtermsandconditionsofservicethat were enjoyed by the publi c officer immediately before 3 November 2008 (2) The Board may , on or after 3 November 2008 (a) terminatetheemployment; or (b) varythetermsand conditionsofservice; ofanypersonreferredto insubsection( l)inthesame mannerandtothesameextent asbeforethat date (3) The rights of a person referred to in subsection ( I) toa pension, allowance or gratuity for whichheor shewouldhavebeeneligiblehadheorsheremainedinthepublicservicearepreserved, and hi s or her service with the Corporation shall be pens ionable under the Pensions Act as if the personhadnotbeensotransferred Financial Provisions Annual business plan 16. (I) The Corporation shall, not later than 4 months before the commencement of each financial year and in such fonn asthe Ministerrequires, prepare inrespectofthefinancial year, andsubmitto theMinister, aproposalforabusinessplanforthefinancial year inaccordancewiththeregulations (2) Unt iluniversalaccessbypersons in Angui llatowaterservicebytheCorporation hasbeen substant ia ll y achieved in the opinion of the Minister, the Corporation shall in each financ ial year set asideina fund, tobecalledtheuniversalaccess fund, anamount thatis not lessthan½¾ofthegross recurrent revenueoftheCorporationinthepreviousfinancial yearandnotmorethantheamount, if any, setbytheMinister (3) The Mi nister may, on the request of the Corporation, extend the time for submitting a proposal fo r a business plan 14 15/12/2008 Anguilla Water Co,poration of Anguilla R.S.A. c . W4 (4)TheestimatedexpenditureoftheCorporationshall includean amountforthereservesof the Corporation (5)The Ministershall , assoonas practicable, considertheproposal fora business plan and (a) approvetheproposalassubmitted; (b) withtheapprovaloftheCorporation, amendtheproposal andapproveitasamended; or (c) refer the proposal back to the Corporation with directions that the Corporation take anyfurtheractiononitthattheMinisterconsidersappropriate (6) Where the Minister refers the proposal fo r a business plan back to the Corporation under paragraph (5Xc), he or she shall provide the Coq:xxation with his or her reasons for not approving it (7) A proposal for a business plan that is referred back to the Corporation under paragraph (5)(c) must be resubmitted to the Minister as directed by the Minister, and, when it is resubm itted, subsections(5)and(6)apply (8) When a proposal in relationtoafinancial year isapproved, itbecomesthebusinessplan for that financial year (9)TheCorporation (a) may, of its own mot ion, submit to the Minister a proposal to amend an approved businessplan; and (b) shall , on request of the Minister and within the time req uired by the Minister, submit totheMinisteraproposaltoamendanapprovedbusinessplan (IO)Subsections (5), (6), (7) and (8) apply to a proposal submitted to the Mi nister under subsection(9) ( 11) Notwithstanding anything in this section, when (a) the proposal for a business plan for a financial year is not approved I month before thecommencementof thefinancial year; and (b) it appearstotheMinisterandtheCorporat ionthatthebusinessptanis notl ikely tobe approved before the commencement of the business year; the Minister and the Corporation may agree on an interim business plan for the first quarter of the financ ial year pending the approval ofthe proposal fo r a business plan for the financial year, and that interim bus inessplanisthebusinessplanoftheCorporationunt iltheproposalforabusinessplanfor thefinanc ialyear isapprovedunderthissection (12)TheCorporation shallineachfinancial yearimplementthebusinessplanforthat financial 15/12/2008 15 R.S.Ac. W4 Water Co,poration of Anguilla A nguilla Funds and resources of the Corporation and their a pplica tion ( I) ThefundsandresourcesoftheCorporation are (a) chargesforwaterserviceandchargesincidentaltowaterservice; (b) money appropriated by the House of Assembly for the purposes of the Corporation; (c) interestanddividendsfromthe investment of theCorporation' sfunds; (d) money borrowed by the Corporation under th is or any other Act; (e) land held by the Corporat ion and, subject to the approval of the Minister, money derivedfromthedealingwithordisposalof land heldby theCorporation; (f) personal property of the Corporation and money derived from the dealing with or disposal of the personal property he ld by the Corporation~ and (g) all other money lawfully received or made avai lable to the Corporat ion (2) The funds and resources of the Corporat ion shall be applied for the purposes of the Corporat ion Borrowing powers 18. ( I) The Corporation may, with the approval of the Minister and to the extent that it considers it necessarytocarryoutitsobjects (a) borrow money by way ofloan, advanceoroverdraft; (b)obta in goodsandservicesoncredit; or (c) doboth thethingsreferredtoinparagraphs(a)and(b) (2) Notwithstanding subsection ( I ), the approval of the Minister is not req uired if, in a fi nancial year (a) thetotalmoney borrowedbyway ofloan, advanceoroverdraft ; and (b) the total value of goods and serv ices, other than goodsandservicesobtained on credit by theCorporation that arepaidfor inlessthan30daysafter theendof thefinancial year orsuchgreater ti measmaybeprescribed; do not exceed $250,000 or such greater amount as may be prescribed fo r the purposes of this subsection (3) The Government, with the approval by resolution of the House of Assembly, may act as guarantor in respect of a loan or the payment of goods and services obtained on cred it by the Corporat ion 16 15/12/2008 Anguilla Water Corporation of Anguilla R.S.A. c. W4 Investment of surplus funds 19. Subject to the written instructions of the Min ister, the Board may invest any of its funds not immediately required for carrying out the respons ibil ities or exerc ising the powers of the Corporation Accounts and a udit 20. ( I ) TheCorporationshall (a) keepproper booksofaccountofits incomeandotherreceiptsand expenditures; and (b)ensurethat (i) all moneyrece ivedispromptlyandproperlybroughttoaccount, ( ii) allpaymentsout ofits moneyarecorrectly madeandproperlyauthorised, and ( iii) adequate control is maintained over its property and over the incurring of liabilities by the Corporation (2)Thebooksofaccountkeptundersubsection(l)shall (a) besufficient torecordandexplaintheCorporation' stransactions; (b) enable the Corporat ion's financial position to be determined with reasonable accuracy at anyt ime~and (c) be suffic ient to enable financial statementstobepreparedandaudited in accordance with thi s section (3) Within 3 months after the end of each financial year, the Corporation shall prepare accountsconta,mng (a) a statement of the assets and liab ilities of the Corporation at the end of the financial year; (b) a statement of the revenue and expenditure of the Corporation during the fi nancial year; (c) !JUCh other financial tatement for the financial year a, may be specified in writing by theMiniMer; and (d) properandadequateexplanatorynotesto the statements; and the accounts shall be audited by an external auditor appo inted by the Board with the approval of the Chief Auditor (4) Theexternal auditorshall beaqualifiedaccountant (5) The Corporation shall not appoint as an external auditor, and no person shall act as an external auditor of the Corporation, if, in the financial year in which the appointment is made or in the precedingfinancialyear, theperson 15/12/2008 17 R.S.Ac. W4 Water Co,poration of Anguilla Anguilla (a) isorwasamember; (b) hasorhadadirectorindi rectinterestin acontractwiththeCorporation, otherthanthe contract respecting the external audit; or (c) isorwasemployedbytheCorporationinacapacityotherthanasexternalauditor AuditoracceptanceofaccountsbyChiefAuditor Without delay after the completion of the audit by the auditor appo inted by the Board, the Board shall submit the accounts to the Chief Auditor, who (a) shall audit the accounts; or (b) mayaccepttheauditoftheexternalauditorappointedbytheBoard withtheapproval of the Chief Auditor; and, not later than 3 months after receipt of the accounts, forward to the Board a report on the examination and auditoftheaccountsoftheCorporat ion ora reportevidencing hisor heracceptance oftheauditoftheexternalauditor appointedbytheBoard Annual accounts and report 22. (I) Within 3 months after the receipt of the report of the Chief Aud itor, the Board shall subm it to the Minister (a) itsauditedaccountsandacopyofthe reportoftheChief Auditor; and (b)an annual reportofitsoperationsandactivities forthatfinancial year (2) The annual report shall contain such matters as the Minister may req uire (3) The Minister shall , without delay after rece ipt, table the audited accounts of the Corporation, the report of the Chief Auditor and its annual report before the House of Assembly, ifit issitting, and, ifitis not thensitting, withoutdelayafler itnextsits (4) Assoonasreasonablypract icableaflertheauditedaccountsof theCorporation, thereport of the Chief Auditor and the annual report of the Corporation have been tabled before the House of Assembly, the Corporation shall cause its audited accounts, the report of the Chief Aud itor and its annual reporttobepublished intheGa=ette Exemption from taxes 23. The Corporation is exempt from all taxes and levies on its income and operat ions and all taxes, duties, administrativefeesandratesonits real orpersonalpropertyanddocuments 18 15/12/2008 Anguilla Water Corporation of Anguilla R.S.A. c. W4 PART3 RJGHTS AND RESPONSIBILITIES OF CORPORATION lnte,pretation Definitions In th is Part "Chief Engineer" means the Chief Engineer in the Ministry~ "operator" has the meaning ass igned to it in the Public Ut ilities Comm ission Act; "owner", in relation to private land, means (a) a person registered under the Registered Land Act as owner of land or his or her executororadministrator; or (b) the Government registered under the Registered Land Act as owner of land; "owner", in relationtoaprivateroad, means (a) a person registered under the Registered Land Act as owner of the private road; or (b) hisorherexecutororadministrator; " private land" means land registered under the Registered Land Act in the name of an owner, but does not include a private road~ " privateroad" meansaroad, otherthanapublic road, thatisusedasa thoroughfarebymembersof the publ ic ; " publicroad" meansaroadasdefined in section I oftheRoadsActand incl udesaroaddeemedtobe a public road under section4 of that Act~ "public utility" means a public utility as defined in the Public Ut ilit ies Commission Act, but does not include the Corporation; "reinstate", in re lation to land, includes making good any damage to the land and the removal of excessexcavatedmaterialfromthe land General Prohibition on Supply of Piped Water Prohibitionon supplyofpipedwaterex ceptbyCorporation 25 ( I ) Noperson, otherthan theCorporation, shall supplypipedwater (2) A person who contravenes subsect ion (I) commits an offence and is liable on summary convict ion to a fine of $5,000 or to imprisonment for a term of 6 months, and the Court may, in 15/12/2008 19 R.S.Ac. W4 Water Corporation of Anguilla Anguilla additiontoconvictingtheperson, makean orderprohibitingtheperson fromsupplyingpipedwater in contraventionofsubsection(l) Vesting of Waten,,orks, Wayleaves and other Rights and Property in Corporation Vesting of wa terworks, wayleaves, etc. of C rown, Government, etc. in Cor poration 26. ( I) The waterworks that were vested in the Crown, the Government or the Water Board immediately before 3 November 2008 vest in the Corporat ion (2) All way leaves, easements and other rights in relation to land of whatsoever nature that, immediately before 3 November 2008, were enjoyed by the Crown, the Government or the Water Board in, on, through, under or over any land in connection with or in relation to the waterworks referredtoinsubsection (l)vest in the Corporation Rights of Entry Entry onto private road or priva te land 27. (I) A person authorised under this Act or the regulations to enter on a private road or on privateland (a) must produce, on request, a document of ident ity duly authenticated by the Corporation; and (b) may, at any reasonable t ime, enter on the private road or private land together with suchotherpersons, equipmentandmaterialsasarereasonably requiredtoassist him orherincarryingoutthepurposesoftheentry (2) Without prejudice to paragraph (l)(b), any person authorised under this Act or the regulationstoenteronaprivateroadoronprivatelandmayenteruponany landforthepurposeof (a) read ing, removingorrepairingawaterrneter; or (b) inspecting any waterworks or any installations or appliances respect ing any waterworks (3) In add ition to the right of entry associated with a wayleave under this Act, a person authorisedbytheCorporationmayenteronaprivateroadorprivate landfor thepurposeof 20 (a) determining whether the land is suitable for the purposes ofa wayleave and may make excavations, perform tests, take samples of soil or rock and do other similar things thatarereasonablynecessaryfor thepurpose; (b) readingwatermeters; or (c) inspecting service connections and other installations on the private road or private land forthepurposeofenforcingthisAct 15/12/2008 Anguilla Water Corporation of Anguilla R.S.A. c. W4 (4) In exercising the rights of the Corporation under subsection (3), the Corporat ion shall rectifyany damagecausedorpaycompensationforitsfailuretorectify suchdamage \Varrantforentry 28. When it is shown to the satisfaction of the Magistrate, on information on oath, that (a) entry onto a private road or private land specified in the inforrnat ion is reasonably req uired by the Corporation or a person authorised by the Corporat ion fora purpose spec ifiedin the informat ion; and (b) theCorporationorapersonauthorisedby theCorporationisentitledunderthisAct to exercisethatr ight ofentry; the Magistrate may by warrant authorise the Corporation or a person authorised by the Corporation to enter ontothe privateroadorprivate land uponcompliancewiththe requirementsofthisActrelevant totheexerciseoftheright ofentryand, if necessary, bytheuseofforce Wayleaves in Public Roads, Private Roads and Private Land Acquisitionofandexerciseofrightsunderwayleavesin public roads ( I) Subjecttothissect ion, theCorporationhasthe righttoawayleavetoenterand (a) place waterworks in, on, through, underoroverapublicroad; (b) alter, move, remove, replace, inspect, adj ust or test any of those (c) executeanyworks thatare reasonablynecessaryinrelationtotheexerciseofitsrights under paragraph (a) or (b), including breaking up, excavating and temporarily obstructing any public road (2) TheCorporation shallgivenotless than 48 hourswrittennoticeofits intention toexercise its rights under the way leave under subsection ( I) or, in the case ofan emergency, such written notice asisreasonablypracticable in thec ircumstances, to (a) theChiefEngineer; and (b) theCommissionerofPolice; and shallgiveageneraldescriptionofwhatitproposestodoandwhereandwhenitproposestodoit (3) The Chief Engineer may impose in writ ing or otherwise any reasonable conditions on the exerciseoftheCorporation 'srightsundersubsection( l )andmaymakesuchcond itionsapplicableto all , tocenainclassesof, ortospecified , exercisesoftheCorporation' s rights (4) The Corporation shall comply with the conditions of the Chief Engineer (5) ln exercis ingitsrightsundersubsect ion( l), theCorporation shall 15/12/2008 21 R.S.Ac. W4 Water Co,poration of Anguilla Anguilla (a) with all convenient speed, proceed to complete the placement, maintenance, repa ir, alteration, movement, removal, replacement, inspection, adjustment or testing of the waterworks; (b) doas tittle damage as poss ible to the public road or anything on the public road~ (c) with all convenient speed, reinstate the public road to the satisfaction of the Chief Engineer or pay compensation for its fai lure to do so~ (d) until the public road is re instated, erect and ma intain warning signs or devices, including li ghts and fla res, as may be required by the Comm iss ioner of Police, to give users of the publi c road reasonable notice that the road is broken up, excavated or temporari ly obstructed; (e) be responsible fo r remedying any defect in the reinstatement of the public road , including any subsidence, for a period of 3 months after completion of the reinstatement, orforpayingcompensation fori tsfailuretodoso; and (f) takereasonablecarenottodamage (i) the install ationsofanyotherpublicutilityoroperator, or ( ii) the installations of persons authorised by theChiefEngineertobe placed, in, on, through, under or over the publi c road and shalt , within a reasonable time, rectifyany damagecausedtoanysuchinstallationsorpaycompensation forits faiture todoso Acq uisitionofwayleaves inprivate roads 30. (I) The Corporation may, in accordance with this section, acquire a wayleave to enter and (a) placewaterworks in, on, through, underoroveraprivateroad; (b) maintain, repair, alter, move, remove, replace, inspect, adjust or test any of those waterworb ; and (c) executeanyworks thatarereasonablynecessary in relation totheexerciseofitsrights under paragraph (a) or (b), including breaking up, excavating and temporarily obstructing any private road (2) A way leave may only be acq uired under this section in, on, through, under or over a privateroadwiththeconsent oftheownerof theprivateroad (3) The consent of the owner may be by agreement and may be subject to conditions Exerciseofrights underwayleavesinprivateroads 31. (I) This section applies to wayleaves in, on, through, under or over a private road that are vested in the Corporation on 3 November 2008 or acquired by it under this Act 22 15/12/2008 Anguilla Water Corporation of Anguilla R.S.A. c. W4 (2) The exerc ise bytheCorporationofitsrightsunderawayleave in a private road is subject to the cond itions, if any,b indingontheCorporationundersection 30(3) (3) The Corporation shall give not less than 48 hours written notice of its intention to exercise its rights under the wayleave in, on, through, under or over a private road or, in the case of an emergency, as much notice as is reasonably practicable in the circumstances, to (a) theChiefEngineer; (b) theCommissionerofPolice; and (c) theowner ofthe privateroad; and shall g ive a general description of what it proposes to do and where and when it proposes to do it (4) The Chief Engineer may impose in writ ing or otherwise any reasonable conditions on the exerciseoftheCorporation 'srights undera wayleave inapri vateroadandmaymakesuchconditions appl icable to all , tocerta in classesof, ortospecified, exerc isesoftheCorporation 'srights (5) The Corporation shall comply with such conditions as the Chief Engineer may impose (6) ln exercis ingitsrightsundersect ion30( 1), theCorporat ion shall (a) with all convenient speed, proceed to complete the placement, maintenance, repa ir, alteration, movement, removal, replacement, inspection, adjustment or testing of the waterworks; (b) doastittle damageasposs ible totheprivateroador anythingontheprivateroad; (c) with all convenientspeed, re instatetheprivateroadtothereasonable sati sfaction of theownerorpaycompensat ionforitsfailuretodoso; (d) until the private road is reinstated, erect and maintain warning signs and devices, including tights or flares, as req uired by the Commissioner of Police, to g ive users of theprivateroadreasonablenoticethattheroad isbrokenup, excavatedortemporarily obstructed; (e) be responsible for remedying any defect in the reinstatement of the private road, including any subsidence, for a period of 3 months after complet ion of the reinstatement, orforpayingcompensationforitsfailuretodoso; and (f) takereasonablecarenottodamage 15/12/2008 (i) theinstallationsofanyotherpublicutilityoroperator, or ( ii) the install ationsofpersonsauthorisedby theownertobeplaced, in, on, through, under or over the right ofwayofa private road and shall , within a reasonable time, rectify any damage caused to any such installations or pay compensationforitsfai luretodoso 23 R.S.Ac. W4 Water Co,poration of Anguilla Anguilla Acquisitionofwayleavesinprivateland ( I) The Corporation may, in accordance with this section, acquire a wayleave to enter and (a) place waterworks in, on, through, underoroverprivateland; (b) maintain. repair, alter, remove, replace, inspect, adjust or test any of those waterworb; and (c) executeanyworks inrelat iontotheexerciseof itspowers underparagraph(a)or(b) including breaking up, excavating and temporari ly interfering with the use of the private land (2) For greater certa inty, nothing in subsect ion (I) gives the Corporat ion the right (a) to alter, move or interfere with, or place waterworks under, any buildings on the private land; (b) tomovewaterworksplacedunder subsection(l)toanewlocationontheprivateland, if the centre lineofthenewlocationismorethan2 feet in either direction from the centre line of the original waterworks; or (c) inthecaseofparagraph( l)(c), tobreakup, excavateor interferewiththeuseofthe privatelandmorethanisreasonably necessarytoexecutetheworks (3) Awayleavemayonlybeacquiredunderthissect ionin, on, through, underoroverprivate landwiththeconsentoftheownerofthe land (4) The consent of the owner may be by agreement and may be subject to conditions Exerciseofrightsunderwayleavesinprivateland 33. ( I) This section applies to wayleaves in, on, through, under or over private land that are vested in the Corporation on 3 November 2008 or acquired by it under this Act (2) TheexercisebytheCorporationofitsrightsunderawayleaveinprivateland issubjectto theconditions, if any, bindingontheCorporationunder sect ion32(4) (3) The Corporation shall give not less than 48 hours written notice of its intention to exerc ise its rights under the wayleave in, on, through, over or under private land or, in the case ofan emergency, as much not ice as is reasonably practicable in the circumstances, to the owner of the private land 24 (4) lnexercisingitsrightsundersection32( 1), theCorporation shall (a) with all convenient speed, proceed to complete the placement, maintenance, repair, alteration, removal, replacement, inspection, adj ustment or testing of the waterworks; (b) doas little damageaspossibletotheprivatelandoranythingontheprivateland; (c) with all convenient 5peed, reinstate the private land to the reasonable satisfactioo of theownerorpaycompen ationforit failuretodo50; 15/12/2008 Anguilla Water Corporation of Anguilla R.S.A. c. W4 (d) (e) (f) take reasonablecarenot todamage (i) theinstallationsofanyotherpublicutilityoroperator, or ( ii) theinstallationsofpersonsauthorisedbytheownertobeplaced, in, on, through, under or over the private land and shall , within a reasonable time, rectifyany damagecaused toanysuchinstallationsorpaycompensationforitsfailure todoso lnstallationsofotherpublic utilitiesoroperators 34. In the exercise of its rights under sect ion 29, 3 1 or 33, the Corporation shall comply with the provisions of any enactment in force in Anguilla respecting the coordination of the placement, maintenance, repair, alterat ion, movement, removal , replacement, install ation or reinstallation, by publicutilitiesand operatorsin, on, through, underandoverroadsandprivate landof utility installationsandfaci litiesandsuchotherrelatedmattersincludingwithout li mitat ion, the plansto be prepared, notices to be g iven, reimbursement of costs, the effect of emergencies and resol ution of dispules lnstallationsofotherpersonsin public roads 35. ( I) In the exerc ise of its rights under sect ion 29, the Corporation shall not alter, move or interfere with anything placed with the authorisation of the Chief Engineer in, on, through, under or over a public road by a person, other than a public ut ility or operator, unless the Corporation does so with the written consent of the Chief Engineer, which consent shall not be unreasonably withhe ld (2) When the Corporation wishes to alter, move or interfere with anything placed in, on, through, under or over a public road placed with the authorisation of the Chief Engineer in, on, through, under or over the public road by a person, other than a public ut il ity or operator, the Corporation shall give written notice to the Chief Engineer request ing his or her consent and shall specifywhat it proposestodoandwhereandwhenitproposestodo it (3) The Chief Engineer shall , not later than 10 days after rece ipt of the notice under subsection (2), give written notice of his or her dec ision to the Corporation and may make his or her consent subjecttoreasonablecondit ions (4)When theCorporation isoftheopinionthataconsentunder th issection is unreasonably withhe ld by the Chief Engineer, or that the consent of the Chief Engineer is subject to unreasonable conditions, the Corporat ion may, on written notice to the Chief Engineer, apply to the Minister fo r an order d ispensing with the consent or making the consent subject to reasonable conditions, and the Minister may make an order dispens ing with the consent or may make the consent subject to such reasonableconditionsas heseesfit 15/12/2008 25 R.S.Ac. W4 Water Co,poration of Anguilla Anguilla Damage or failure to perform obligations by Corporation under sections 27(3), 29, 31 and 33 When (a) in theexerciseofa rightofentryon land undersection27(3) by apersonauthorisedto enter the land or another person assisting such authorised person, a disagreement ariseswith respecttodamageor compensation; or (b) a di agreement ari!C5 with re5pect to whether the Corporation has carried out its obligation under 5ection29, 3 1 or33; the Corporation or a person who considers himself aggrieved may appl y to the Minister to determi ne the issue, and the Minister may, after consultat ion with the Executive Council, make such order as he sees fi t Adverse effect of waterworks on value or utility of land 37. ( I) When waterworks of the Corporat ion placed in, on, under, through or over a private road or private land have a substant ial adverse effect on the val ue or utility of the land, the Corporation shall , on request in writing by the owner of the land, do one or more of the fo llowing (a) at its own expense remove the waterworks or part of the waterworks; (b) atitsownexpense (i) move the waterworks or part of the waterworks to another location on the land whereitdoes nothaveasubstantial adverseeffecton thevalueor utilityofthe land, or ( ii) alter the \Wterwork.s or part of the waterworks so a to eliminate or mitigate such substant ial adverse effect~ (c) paycompensation (2) If the Corporation fai ls or refuses within a reasonable time after rece iving a req uest to carryout its obligation undersubsection(l)oradisagreement ariseswithrespecttoitsobligations under subsection(!), the Corporation or the owner may apply to the Minister fo r an order requiring the Corporation to do one or more of the things spec ified in that subsection, and the Minister may, after consultation with the Executive Counci l, make such order as he sees fi t MaliciousinterferencewithrightsofCorporation 38. ( I ) Notwithstand ing anything in this Act or the regulations, if a person wi lfully or maliciously places or permits another person to place on any land anything that obstructs, hinders or interferes with the exercise by the Corporation of any of its rights or powers under this Act or the regulations, the Corporation may remove the thing in question at the cost of the person who placed the thing or permittedthethingtobeplacedontheland, andtheCorporationshall notbe required toreinstatethe land or pay compensation for any damage caused by the removal (2) lf adisagreementariseswithrespecttoamatterundersubsection( l ), theCorporationor personwhoplacedthethingorpermittedthethingtobeplacedonthelandmay apply totheMinister foranorderrespect ingtheCorporat ion' sduty to reinstate the land or pay compensat ion under that 26 15/12/2008 Anguilla Water Corporation of Anguilla R.S.A . c. W4 subsection, and the Minister may, after consultat ion with the Executive Counc il , make such order as heseesfit Acquisition of la nd 39. ( I) When the Corporation needs land for the purpose of placing waterworks in, on, through, under or overland, it shall endeavour to acquire the land by agreement (2)Where (a) theCorporat ion fa ilstoacquirelandbyagreement; and (b) the Governor in Counci l considers that the land is necessary for the placement of waterworks by the Corporation; the Governor in Counci l may, at the request of the Corporation, cause the necessary act ion to be taken to acq uire the land in accordance with the Land Acquisition Act and, upon acquis ition, to transfer the land to the Corporation on payment to the Government by the Corporation of the cost of acq uisition (3) Acquisitionoflandundersubsect ion (2)isdeemedtobe forapublicpurposewithin the meaningofthe LandAcq uisition Act Immunity from distress, etc. of wa ter wor ks on premises other tha n those of Corpora tion 40. Notwithstanding any other Act, except where the Corporation otherwise agrees, all waterworks of the Corporat ion in, on, through, under or over land registered in the name of a person, otherthantheCorporation (a) are and remainthepropertyoftheCorporation; (b)are notfixtures in retation totheland; and (c) are not liable (i) seizure, attachment or execution under any process of any court or ( ii) toproceedingsininsolvency , bankruptcy, liquidat ion, receivershiporotherwise, againsttheperson inwhosenamethelandis registered J udicial r eview 41. Aperson aggrievedbyan orderoftheM inistermadeundersection 36, 37or38hasarightto havetheorder rev iewedbytheHighCourt 15/12/2008 27 R.S.Ac. W4 Water Co,poration of Anguilla Anguilla SUPPLY OF WATER SERVICE Dutyof Corporationto supplywaterservice ( I) SubjecttothisPart, theCorporationshall supply waterserv ice to (a) theownerofpremises; or (b) the occupiers of premises, with the authorization of the owner of such premises (2) The customer must apply for water service on the form req uired by the Corporation Senriceconnections (I) TheCorporation may, butis notobliged (a) to extend a serv ice connect ion beyond a point just inside the property line ofthe premisesof thecustomer; or (b) tomakeseparateserviceconnectionsto unitson thepremises (2) The Corporation is responsible for maintaining every service connection in good repair (3) When a customer makes an application for water service to premises that req uire the Corporationtoprovideaserviceconnectionin any of theci rcumstances referredto in subsection( l ), theCorporationshall , subjecttosubsect ion(4), requirethecustomertopay in advance the expenses to be incurred in makingtheserviceconnection (4) The Corporation shall with all convenient speed furnish to the customer a written statement of expenses to provide the service connection based on the costs to the Corporation of labour and materials to be supplied includingareasonableallowanceforoverhead, andthestatement is conclusive as between the Corporation and the customer of the expenses to be incurred in making the service connection (S)When (a) a customer makes an application for water service to premises that req uire the Corporation to provide an extension of the water-main, in add ition to a service connection; and (b) thecostoftheextensionofthewater-maintoaconvenientpointformakingaservice connection is not budgeted for in the business plan for the financial year in which water serviceis requestedtobeprovided; the Corporation may issue a notice in writi ng respecting the sharing, by the Corporation, the customer and subsequent customers who wi ll benefit from the extension, of the costs of extending the water (6) When a not ice referred to in subsection (5) is issued, the Corporation may, refuse 28 15/12/2008 Anguilla Water Corporation of Anguilla R.S.A . c. W4 (a) forthe (b) to makeaserviceconnectiontoany subsequent customer who wi ll benefit unless he or she hascompliedwithsuch notice (7) A customer who is aggrieved by a notice or the dec ision of the Corporation under subsect ion(5)or (6) may, within 14days ofthe rece iptofthe noticeor, asthecasemaybe, noticeof such decis ion, apply in writing to the Minister to review that notice or dec ision of the Corporation (8)TheM inistermay (a) acceptareviewapplicationdeliveredout oftimeiftheM inisterthinksitisjust and equitabletodoso; and (b) confirmorvarythenoticeor, asthecasemaybe, thedecisionunder review (9) The decision of the Minister in a review application is fina l and must be given effect Exceptionto duty tosupplywater service, sufficientwater se rvice,etc. 44. ( I ) The Corporation is not liable for loss or damage to property, for injury or death or fo r economic loss to persons by reason of the fai lure to supply water service, the cessation of water serviceorinsuffic iencyofwaterservice ifortotheextentthatsuchlossordamagetoproperty, such injury or death or such economic toss is the result of circumstances not within the Corporation's control including, without limitation (a) neglect orfai lureofapersonobligedbycontracttosupplywatertotheCorporationto supply that water; (b) supplied to the Corporation that a reasonable (c) hurricane, floodorotheractofGod; (d) ep idemic; and (e) war, hosti lit ies, actual orapprehended, actsofviolence, civil disorder or labour or industrialactionbyemployeesoftheCorporation; unless the toss or damage to property, injury or death or the economic loss was the result of the negl igence of the Corporation or its servants or agents, but the total liabi lity of the Corporation and its servantsandagents (f) foranyonecla im, shall not exceed $ 10,000; and (g) fora llclaimsarisingfromanincident, shall notexceed$ 100,000 (2) When, but for paragraph (l)(g), the sum of the claims would exceed $ 100,000, the claims shall be prorated 15/12/2008 29 R.S.A.c. W4 Water Co,poration of Anguilla Anguilla MinistryofHealthtobe responsible forqualityofwater supplied ( I) Subjecttosection25andthisPart, thecontrol ofthequali tyofthepotablewatersupplied by theCorporationshall betheresponsibi lityoftheMinistryof Health (2) All directives, instructions, regulationsandstandardssetupbytheMinistryof Healthfor the quality of potable water and any sanitary aspect of the waterworks shall be obeyed and complied with by the Corporat ion (3) Any duly authorised officer of the Ministry of Health may, on identifying himself or herself to an officer of the Corporation, enter the premises of any waterworks for the purposes of inspectingortakingsamplesofwaterand ofverifyingthatregulationsandstandards issued by that Ministry are complied with (4) Any person who hi nders or obstructs any duly authorised officer of the Ministry of Health from entering the premises of any waterworks under this section is guilty of an offence and is liable on summary conviction to a fine of $2,000 or to imprisonment fo r a tenn of 3 months Charges, terms and conditions of water service and special agreements 46. ( I) Except as provided in subsection (6) and subject to the approval of the Minister, the Corporat ion (a) (b) mayadopt suchsystemforthecalculat ionoftheamount ofsuchchargesasappears to theCorporation tobeappropriate (2) ln subsection(l), chargesfor waterserv ice include (a) water service provided at no charge or at a reduced programme to provide a subsidy to publicly assisted serv ice referredto in sectiontheregulations; and (b) theflatratechargeforwaterservicereferredtoinsection52(3) orboth, undera relation to water (3) Acustomeris liabletopay thecharges forwaterservicetohisorherpremises until?days after the customer has given written notice or causes written notice to be given to the Corporation that thewater serv ice tothepremises istobedisconnected (4) If the customer does not give written notice or cause written notice to be given under subsection(3), thecustomercontinuesto bel iabletopaythechargesforwaterserviceunt il (a) thewaterserviceis disconnectedfornon-payment; or (b) thedateonwhichasubsequentcustomerapplies forwater servicetothepremises; whichever occurs first 30 15/12/2008 Anguilla Water Co,poration of Anguilla R.S.A . c. W4 (5)Anoticetotheeffectthat thecustomer remains liableundersubsections(3)and(4)shall be endorsed on or accompany every water bill issued by the Corporation, but no water bill is invalid by reasononlyofthefactthatthenotice isnot endorsedon, or does notaccompany, thewaterbi ll (6) The Corporation may enter into a special agreement with a customer for water service and, when it does so, the charge for water service to the customer and the terms and conditions of water service shall beassetoutin thespecialagreement (7) Until the Minister has approved charges as authorised under this Act, the present authorisedchargesandthemethodofassessment andpaymentshallcontinue in fu ll forceandeffect Charges associa ted with water se rvice that Corporation may impose Subject to the approval of the Minister, the Corporation may impose charges assoc iated with waterserviceforsuchservicesas (a) the reconnectionofwater tothecustomer 'spremises~ (b) there location ofawatermeter atthecustomer 'srequest; or (c) thetestingofawatermeteratthecustomer 'srequest Securi ty de posits 48. ( I) Subject to such restrictions as the Minister may by regulation impose on the right of the Corporation to require security depos its, the Corporat ion may at any time require a customer to furnish a security depos it, or a larger security depos it, in an amount that appears appropriate to the Corporation for the due payment of charges fo r water serv ice and accrued interest on late payment of charges fo r water service (2)TheCorporation may (a) refusetoconnectacustomer; or (b) aftergivingatleast30dayswritten not ice, disconnectanycustomer; whoneglectsor refusestofurnishasecuritydepos it or larger securitydeposit (3)TheCorporation shall pay intereston asecuritydeposit madeunderth issectionattherate of3% per annum simple interest or such other rate as may be approved by the Minister \Vhen a waterbillis due andpayable; interestoula te payment ( I) The Corporation shall issue water bills on the basis ofa monthly billing period (2)Thedatethewater bill is printed shall be printedonthebilland identified as the billing date (3)Awaterbi llisdueandpayablenotlaterthan30daysafter thebillingdate (4) The Corporation may charge interest on late payment of charges for water service at the rateapproved by theM inister 15/12/2008 31 R.S.Ac. W4 Water Co,poration of Anguilla Anguilla Disconnectionindefaultofpaymentofchargesforwaterserviceandinterest 50. ( I ) When a water bi ll for premises is unpaid 30 days after the billing date, the Corporation (a) may disconnectthewaterservicetothosepremises; and (b) may refuse to reconnect the water service to those premises until (i) ( ii) the customer pays the reconnection charge imposed in accordance with sect ion 47 andmakes in respect of the charges for water (B) an agreement with the Corporation for the payment by instalments of the balanceofthearrearsandaccruedinterest (2) If the customer defaults on an agreement with the Corporation for the payment by instalments of arrears and accrued interest in respect of charges for water service, the Corporation may, without further notice, exercise its rights under subsection ( I ) as if no agreement had been enteredintoandmaydosoeachtimethecustomerdefaults (3) Notwithstand ing subsections (I) and (2), no water service to any Ministry , Department or office of the Government shall be d isconnected unlesstheCorporationfirstgivestothe Permanent Secretary of the re levant Ministry, Department or office 7 days written notice of the intention to disconnect the water serv ice but, where any such Department or office does not have a Permanent Secretary, suchnoticeshallbegiven tothepersoninchargeoftheDepartment oroffice Refusaltoconnectcustomerindefaultinrespectofotherpremises 32 (b) thecustomerpaysthereconnect ionchargeimposedin accordancewithsection47and makes (i) for water service and 15/12/2008 Anguilla Water Co,poration of Anguilla R.S.A. c. W4 ( ii ) an agreement with the Corporation for the payment by instalments of the balance ofthearrearsandaccruedinterestin respectoftheotherprernises (2) If the customer defaults on the agreement with the Corporation for payment by instalments of the arrears in respect of charges for water serv ice and accrued interest, the water bill of the customer in respect of the premises connected under subsection (I) is deemed to be unpaid for30 daysafterthebi ll ingdateandsection 50applies in respectofsuch prem ises Water consumption to be measured by water meter 52. (I) Subjecttosubsection(3), sections53(4)and 54andthe regulations, theCorporation shall measure the consumption of water by a customer by means of a water meter (2) The Corporation shall keep the water meters used in measuring the consumption of water in proper working condition for accurately recording consumption within the limits of error for which thewatermetersaredesigned (3) When the Corporation does not have a water meter, or a water meter of the appropriate type, to measure the consumption of water by a customer, the Corporation may charge the flat rate charge for water service applicable to the customer until the water meter is install ed Testing of water meters 53. (I) TheCorporationshall (a) provideandmai ntain; or (b) enterintoacontractorarrangementforaserviceprovidertoprovideandmaintain; in properworkingconditiontheequipmentnecessaryfortest ingwatermeters (2)TheCorporation (a) may test a water meter on a customer' s premises and it may, fo r that purpose, use any equipmentthatitconsidersappropriate; or (b) may remove the water meter for testing and replace it with another (3) When a customer requests the Corporation to test a water meter and pays the testing charge imposed in accordance with sect ion 47, the Corporation shall without delay test the water meter (a) againstaproperlycalibratedwatermeter; or (b) byusingequipment designedtomeasuretheconsumption ofwater; andgiveawrittenreportoftheresultsofthetesttothecustomer (4) If the report shows the water meter is registeri ng outside the limits of error for which the water meter is designed 15/12/2008 33 R.S.Ac. W4 Water Co,poration of Anguilla Anguilla (a) and in excess of what it ought to have registered, the Corporation shall replace the water meter, refund the testing charge and make an allowance to the customer in respect oftheexcessamount ofwaterreg istered; or (b) and below what it ought to have registered , the Corporation shall replace the water meter and may surcharge the customer in respect of the insuffic ient amount of water reg istered (5) lntheabsenceofevidencetothecontrary, thewatermeter is deemedtohaveregistered erroneously (a) for3monthsbeforeitwastested ; or (b) fromthedayitwaslastreplaced; whichever is the shorter, and to have done so unti l the day the water meter is replaced Measurement of consumption when unable to gain access to read water meter 54. (I) When the Corporation is unable to ga in access to the premises of a customer to read the water meter, the Corporation may, for each bill ing period during which it is unable to gain such access, bi ll the customer for the highest consumpt ion in a ny of the 6 billing periods before the billing periodwhenitwasunabletogainaccess (2) When the Corporation obtains a reading of the water meter, it shall without delay adjust the amount charged so as to refl ect the actual water consumption of the customer on the premises on the assumption that the consumption of water during the period during which it was unable to gain accesstothepremiseswas uniform Customer's requesttorelocateserviceconnection 55. (I) The Corporation shall ,atthe request of the customer, relocate the serv ice connect ion of the customer with all convenient speed after the expiration of 5 working days after payment by the customer of the charge for relocating the serv ice connection and the costs referred to in subsection (2) (2) The Corporation shall with all conven ient speed furnish to the customer a written statement ofcostsofrelocating the serv ice connection basedon thecoststo theCorporat ionoflabour and materials to be supplied incl udi ng a reasonable allowance fo r overhead, and the statement is conclusive as between the Corporation and the customer of the cost of relocating the service connect ion PARTS RETURNS OF INFORMATION, REGU LATIONS AND OFFENCES Minister may require returns 56. The Corporation shall without delay furnish the returns of information that the Minister may, bywrittennotice totheCorporation, requ ire 34 15/12/2008 Anguilla Water Corporation of Anguilla R.S.A . c. W4 Regulations 57. ( I) The Governor in Counci l may make regulations for the better canying out of this Act, includingregulations (a) prescribinganything thatunder thisActmaybeprescribed; (b) exemptingpersonsor operations, orclassesof personsoroperations, for the purpose ofthedefinit ion of piped water; (c) prohibiting and regulat ing the resale of water supplied to a customer by the Corporation; (d) respect ingthegivingofnoticesforwhichnoprovis ionis made under thisAct; (e) respecting the giving of notices, other than notices of request, under any or all the provisionsofthis Act; (f) providing that a fi ne of not more than $2,000 be imposed for a contravent ion ofa provision of theregulations, andforthemakingofordersagainstaconvictedperson by the Court for the purpose of preventi ng fu rther contravent ions in addition to convicting him or her (2)TheM inistermaybyregulation (a) amend, add to or repeal and replace the Schedule~ (b) provide for trans itional matters when the Schedule isamended, addedtoorrepealed and replaced lllega l connections and works rela ted to illega l connec tions 58. ( I) No person, other than the Corporat ion or a person acting with the authority of the Corporat ion, proof of which lies upon him or her, shall (a) connectorcauseaconnection tobemade, directlyor ind irectly, intothewaterworks of the Corporation for the purpose of taking or receiv ing water from the waterworks of the Corporat ion~ or (b) excavate, place pipe, or do any other thing, in, on, through, under or over a public road or private road or adjacent to a public road or private road or in, on, through, under or over private land where there are waterworks of the Corporation with the intention of connecting into the waterworks of the Corporation (2)TheCorporation may (a) disconnectaconnect ion madecontrary toparagraph(!Xa); and (b) remove a pipe or other thi ng placed contrary to paragraph {l)(b) or do anythi ng necessarytoremedy thecontravention referredtointhatparagraph 15/12/2008 35 R.S.A.c. W4 Water Co,poration of Anguilla Anguilla (3) A person who contravenes subsect ion (I) commits an offence and is liable on summary convict ion to a fi ne of $2,000 or to imprisonment fo r a term of 3 months, and the Court may, in addition toconvictingtheperson, makean order (a) forthepaymentby thepersonofthecosts incurred bytheCorporat ion intheexercise of itspowersundersubsection (2); and (b) prohibiting the person from connecting or excavating, placing pipe or doing any other thing, in, on, through, under or over a public road or private road or adjacent to a public road or private road or in, on, through, under or over private land with the intention of connecting into the waterworks of the Corporat ion (4) The definitions insection24 apply to this sect ion Unlawful a bstraction or consumption of unlawfully abstracted water ( I) No person shall , knowingly and without legal right, proof of which lies upon him or her (a) abstract water or cause any water to be abstracted from the waterworks of the Corporation; or (b) consume or use any water that has been unlawfully abstracted from the waterworks of the Corporation (2) In subsection ( 1), "abstract", in relation to a standpipe, includes diverti ng water from a standpipe by attaching a hose or other dev ice fo r the purpose of conveying the water to premises other than thosewhere thestandpipeis located (3) A person who contravenes subsection ( I) is guilty of an offence and is liable on summary conviction to a fine of $2,000 or to imprisonment fo r a term of 3 months, and the Court may, in addition to convict ing the person, determine the amount owing by the person to the Corporat ion by reasonoftheabstraction, consumption or useof thewaterandorderhimor hertopay it Wilful contarnination,etc.ofpotablewatersupply ( I) No person shall recklessly, wi lfu lly or negligently (a) cause or suffer any pipe or other apparatus or receptacle belonging to or connected with the waterworks of the Corporat ion to be used in such a way that the water suppliedto thatperson isorisl ikelytobecontaminated; or (b) comm it any act which, by itself or with other acts, impedes or interrupts or is calculated to impede or interrupt the flow of water belonging to the waterworks (2) No person shall use the potable water supply or the water system for any purJX>se that jeopardisesorislikelytojeopard ise thepubli c healthor alterthechemicalor bacteriological balance ofthewater (3) A person whocontravenessubsection ( I) or(2) is gui lty of an offence and is liable on summary conviction for each offence to a fi ne of$3,000 or to imprisonment for a term of6 months or toboth 36 15/12/2008 Anguilla Water Corporation of Anguilla R.S.A . c. W4 (4) In the event any damage should result to the waterworks from the comm ission of any of the offences mentioned in thissection, the Magistratemay, inadditiontoanypunishrnentheorshe may impose, order the offender to pay compensation to the Corporat ion fo r such damage Damage to water meters and illegal reconnection of water seni-ice ( I) Nopersonshall (a) wi lfu lly or recklessly tamper with, disconnect, bypass, damage or remove a water meter belonging to the Corporation or permit any person to tamper with, disconnect, bypass, damage or remove, a water meter belonging to the Corporation; or (b) except under the written authority of the Corporation, proof of which lies upon him or her, reconnect to the waterworks of the Corporation a water service that has been disconnected (2) The Corporation may, without notice, disconnect a reconnection made contrary to paragraph( IXb) (3) A person who contravenes subsection ( I) is guilty ofan offence and is liable on summary convict ion to a fine of $2,000 or to imprisonment for a tenn of 3 months, and the Court may, in additiontoconvictingtheperson, makeanorderforthe paymentbytheperson ofcompensationto theCorporation foritslossby reasonof (a) the tampering, disconnecting, bypassing, damaging or removing of the water meter; or (b) the reconnection ofthewater service Disconnec ting, damaging, etc. waterworks ( I) Nopersonshall (a) malic iously tamper with, disconnect or damage the waterworks be longing to the Corporationwiththeintentofcuttingoffwaterservice; (b) wi lfu lly or recklessly damage any waterworks belonging to the Corporat ion; or (c) without the authority of the Corporat ion, proof of which lies upon him or her, remove or disconnectanywaterworksbelongingtotheCorporation (2) A person who contravenes subsection ( I) is guilty ofan offence and is liable on summary convict ion (a) in thecaseofparagraph ( l)(a), toafineof$2,000ortoimprisonmentfor atermof6 months; and (b) in the case of paragraph (l)(b) or (c), to a fine of $2,000 or to imprisonment for a term of3months; and the Court may, in addition to convicting the person, make an order for the payment by the person of compensation to the Corporation for its loss by reason of the tampering, damage, removal or disconnection 15/12/2008 37 R.S .Ac. W4 Water Corporation of Anguilla Anguilla Obstruction,etc.ofpersonauthorisedbyCorporation 63. ( I) No person shall intent ionally or recklessly obstruct, molest, hinder or interfere with a person authorised by the Corporation, or with any person who is reasonably required by that authorisedpersonto assisthimorher, inthecarry ingout ofaresponsibilityortheexerc iseofaJX>wer underthisAct ortheregulations (2) A person who contravenes subsection ( I) is guilty ofan offence and is liable on summary convict iontoafineof$2,000 Prohibitions respectingwaterfromsta ndpipes ( I) Nopersonshall (a) allowwaterfromastandpipetorun towaste; or (b) use water from a standpipe to bathe or to wash clothes or an animal, vehicle or other thingatornearthestandpipe (2) A person who contravenes subsection ( I) is guilty ofan offence and is liable on summary convict iontoafineof$ 1,000 Offences by directors, officersoragentsofcorporations 65. When a corporat ion comm its an offence under this Act, any director, officer or agent of the corporationwhodirected, authorised, assentedto, acquiescedorparticipatedinthecommissionofthe offence isguiltyoftheoffenceand is liableto the punishmentprovided fortheoffence, whetheror notthecorporation has been prosecutedforor convictedof theoffence Notice 38 ( I) Anoticemaybegiven totheMinister (a) personally; (b) byregisteredmai l addressedtotheMinister'soffice; (c) by leaving it during normal business hours with a person in charge of the Minister's office; or (d)asprescribed (2) Anotice, otherthananoticeunderPart4, maybegiventotheCorporation (a) by giving it personall y to the Chief Executi ve Officer; (b) by sending it by registered mai l to the Chief Executive Officer' s office; (c) by leaving it during normal business hours with a person in charge of the Chief ExecutiveOfficer' soffice; or (d)asprescribed 15/12/2008 Anguilla Water Corporation of Anguilla R.S.A. c. W4 (3)AnoticetotheCorporat ionunderPart4 maybegiven (a) bysendingitbyregisteredmailtotheCorporation' s businessoffice; (b) byleavingitduringnormalbusiness hourswithapersondesignatedtoreceive notices in the Corporation ' s business office or, if no such person is des ignated, with the person inchargeoftheCorporation 'sbusinessoffice; or (c)asprescribed (4) A notice to the Chief Engineer or the Commissioner of Police under section 29(2) or 31(3), otherthaninthecaseofanemergency, maybegiven (a) personally; (b) by sending it by registered mail to the Chief Engineer or the Commissioner of Police; (c) by leaving it during normal business hourswithapersoninchargeoftheofficeofthe Chief Engineer or the office of the Commissioner of Police; (d) by facsimi le transmission to the office of the Chief Engineer or the office of the Comm iss ionerofPolice; or (e)asprescribed (5) A notice under Part 3 may be given to an owner of land, as defined in that Part, or to his or 'c · c cc 'oroi.'m·, ·xxo · (a) peronally, if the owner of land or his or her executor or adm inistrator is an individual ; (b) iftheownerofland orhisorherexecutororadministrator isapartnership, anyoneof the partners of which is an individual , by giving the notice personally to one of the partnerswhoisanindividual ; (c) if the owner of land or his or her executor or administrator is a corporat ion, by giving thenoticepersonallytoa directororofficerofthecorporation; (d) if theownerofland orhisor herexecutororadministratorisa partnership, anyoneof the partners of which is a corporation, bygivingthe noticepersonally toadirectoror officerofthecorporationthat is a partner; (e) by registered mail addressed to the last known address of the owner or his or her executororadministrator; or (t) asprescribed (6) A notice may be given to a customer by the Corporation (a) bysendingitbyordinarymailtothecustomerathisorherlast known address; 15/12/2008 39 R.S.Ac. W4 Water Corporation of Anguilla Anguilla (b) by leavingitwithan adult in chargeofthepremisesofthecustomer; or (c)asprescribed (7) Anoticeunderparagraph(6)(a) is deemed to have been received by thecustomerinthe ordinary course of mail (8) Thissection doesnotapply whenaprovision ofthisActortheregulat ionsprovidesthata noticemaybegiveninanothermannerorthatsuch noticeshall begivenasisreasonablypracticable in the circumstances PART6 CITATION AND TRANSITIONAL PROVISIONS Cita tion 67. This Act may be cited as the Water Corporation of Angui ll a Act, Revised Statutes of Angui ll a, ChapterW4 Transitional: regulations 68. Notwithstanding sections 69 and 70, the Governor in Council may make regulations provid ing forany transitionalmatternotdealtwith or notsufficientlydealtwithbythisAct Transitional: rates, termsand condi tionsof water serviceand charges 69. ( I ) Notwithstand ing anything in this Act but, subject to subsection (3) and any regulat ions made under section 68, the Corporation may, on or after 3 November 2008 (a) continue to charge the rates for water service and other charges im posed by the Government or the Water Board; (b) cont inue to charge interest provided by or under the Financial Adm inistration and AuditAct; and (c) providewaterserviceon thetermsandconditionsofservice; as those charges and tenns and conditions stood immediately before 3 November 2008, and the fo llowing provisions apply to those charges and terms and conditions 40 (d) untilfixedby theMinister, thechargesreferredtoinparagraph(a)aredeemedto have beenfixed in accordancewithsections46( 1)(a)and47; (e) until approved by theMinister, thechargesreferredtoin paragraph(b)aredeemedto havebeen approvedforthepurposesofsection 48(3); (f) untilapprovedbyMinister, thetermsandcond itionsreferredto inparagraph(c)are deemedto havebeenapprovedinaccordancewith section46(1)(b) 15/12/2008 Anguilla Water Corporation of Anguilla R.S.A . c. W4 (3) The Corporat ion shall , to the satisfact ion of the Minister of Finance, do an account ing of the money owing to and by the Government under subsect ion (2) in respect of the Water Department on 3 November 2008 and shall deal with any revenue or deficit revealed thereby in the business plan (4) A contract or arrangement between the Government and a person for the supply of water at a special rate and on special terms and condition that is in existence immediately before 3 November 2008 is binding on the Corporation according to its terms and is deemed to be a spec ial agreement andtohave hadthepriorconsentoftheM inister Transitional: leaseofland,vestingof personalpropertyandassignmentofcontracts (I) On3November 2008 (a) the Government shall enter into a lease with the Corporat ion of the land occupied by the Water Department; (b) the personal property of the Government or the Water Board associated with the operations of the Water Department vests in the Corporation; and (c) thecontractsforthesupply ofgoodsandservices in relationtotheWaterDepartment are assigned to the Corporation and shall be enforceable as full y and effectually as if theCorporation hadbeenapartytothecontractinsteadof theGovernment (2) The Corporation and the Minister shall , as soon as possible after 3 November 2008, preparean inventoryofpersonalpropertyandcontractsreferredto in paragraphs(l)(b)and(c) respect ively and, whenitissigned, itisconclusiveevidenceoftheeffect ofthoseparagraphs 15/12/2008 41 R.S.Ac. W4 Water Co,poration of Anguilla Anguilla (Section IQ) Frequency, place, dayandtimeofmeetingsof1he Board I. ( I) The Board shall meetasoftenasmaybe necessary to carryout its responsibi lities and exercise its powersexped itiously andshallinanyeventmeet notlessthan6timesinanycalendar year (2) Meetingsof theBoard shallbeheldatsuchplaceinAnguilla onsuch daysand atsuchtimesasthe Chairpersonmaydetennine NotireofmeetingoftheBoard (2)Noticeshallbegiventoapersonmentionedin subsection(l)by (a) handing a copy to such person~ (b) mailingacopy to suchpersonby prepaidpostatthemail ingaddressofsuchpersonlastshown ontherecordsofthe Corporation; (c) emailing or faxing to such person at the email address or fax number last shown on the records oftheCorporation; or (d) anyothermeansapprovedby theBoard (3) A copy of a notice given by mail is deemed 10 have been rece ived by such person to whom it is addressed3daysafteritismai led (4) lfameetingis adjoumedforless than 14days, i1is notnecessary togive no1iceoftheplace, day and ti me to which the meeting is adjourned if the place, day and time are announced at the earl ier meeting A member may in writing waive notice of a meeting of the Board Req uisitioning meeting 4. ( I) Any 3 members may, by written requisition signed by each req ui sitioning member and given to the Chairperson, require him orher tocall a meetingofthe Board forthe purposesstatedin therequisition Chairperson to preside ( 1) TheChairpersonisthepresidingofficeratmeetingsofthe Board 42 15/12/2008 Anguilla Water Corporation of Anguilla (2) Intheeventofatievoteonamatter, theChairpersonhasasecondorcastingvote (3)ThedecisionoftheChai rpersonisfinalonthefollowingmatters~ (a) subjecttosection4ofthisSchedule, theagendaforameeting; (b) theconductofthemeetingon questionsoforderandrelevance; (c) theprocedureforhand li ngmotions Q uorum A quorum of the Board is 4 members present and eligible to vote at the meeting Voting R.S.A . c. W4 7. ( I) Voting at a meeting of the Board shall be byshowofhandsexcept when a ball ot is demanded by a member (2) All matters before a meeting of the Board shall be decided by a simple majority of the members presentandeligibletovote Pa rtici pationby telephoneorother fo rm ofcomm unicati on 8. A member may, if all members pre ent con5ent, participate in a meeting of the Board by means of a :~:rhone or other form of communication that pcrmit5 all persons partic ipating in the meeting to hoar each Resolutioninlieu ofm eeting 9. ( I) When a resolution in writing is signed by all members entitled to vote on the resolution at a meeting, theresolutionisasvalidasifitwerepassedatameetingoftheBoard (2) A copy of each resolution referred to in subsection (I) shall be kept in minute book of the Corporation Disd osure ofperu nia ryi nterest 10. A member who has a direct or indirect pecuniary interest in any matter that comes before a meeting of the Board shall (a) declarethenatureofhisor herinterestinthematter; (b) withdraw from the meeting while the matter is under consideration; and (c) refrainfrominfluencingorvotingonthematter Mi nu tesofBoardmeetings 11. ( I) The Board shall appoint an employee of the Corporation as secretary to the Board, who shall keep accurate and complete minutes of each meeting of the Board, including particulars of (a) the notice of the meeting given to each member and the Chief Executive Officer and any waiverofnoticebyamember; (b) the members in attendance and members not in attendance and whether the member's absence wasconsentedtoby theBoardforthepurposeofsection9(2Xa)oftheAct; 15/12/2008 43 R.S.A.c. W4 Water Co,poration of Anguilla (c) any non-membersinanendance; (2) Acopyofthe minutesshallbetabledat thenextmeetingoftheBoardforapproval (3) TheminutesshallbefiledintheminutebookoftheCorporation Committees Anguilla 12. ( 1) The Board may establish any committees that it considers appropriate to advise it on the furtheranceoftheobjectsoftheCorporation (2) A committee may consist of members or persons who are not members or both 44 15/12/2008