Central Water Authority Act (No. 33 of 1967)

1967 CENTRAL WATER AUfHORITY ACT 33 139 DOMJNICA ACT No. 33 OF 1967. I assent G. C. GUY Governor. 24th October, 1967. AN ACT TO PROVIDE FOR THE ERECTION AND ESTABLISHMENT OF A CENTRAL WATER AUTHORITY FOR DOMINICA WITH SOLE JURISDICTION IN ALL MATTERS PERTAIN ING TO THE SUPPLY OF POTABLE WATER IN DOMINICA. (Gazetted 9th November, f 967.) BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of Assembly of Dominica, and by the authority of the same as follows: 1. This Act may be cited as the CENTRAL WATER AUTHORIT)' ACT, 1967. Short title. 2. In this Act- Interpretation. "Authority" means the Dominica Central Water Authority established by this Act; . "Central Housing and Planning Authority" means the Authority established under the provisions of the Slum Clearance and Housing Ordinance Cap. 180; "cost" as applied to improvements, means the cost of acquiring or constructing improvements as herein defined, and includes (a) the amount to be paid for any improvement acquired by pur ch.ase. transfer OT condc:m.JJJJ/}oo; (b) the cost ·or labour; materials, pro perty, rights, easements or fran chises: 140 1967, CENTRAL \VATEll ... Al.JTHORITY ACT 33 (c) fina·ncing charges; (d) the. payrpent of interest prior to and during construction or re construction and one year there after; · (e) the amount required as working capital; · (()·th~ kOSt; of plans and specifica tions~ surveys and estimates of cost of rev~nlle; (g) the cost of legal and engine(;ring services·; 1 , · (h) all other expenses necessary or incidental to acquisition or con struction; · and (i) administration expenses; ~•~omestic ·supply" m~ans water fro~ th1 Waterworks used· m any tenement for . any purpose of domestic life; "gathering groun~s or catchment areas" · . means any surface of land or other device which collects the rainfall for the purposes of the Waterworks; · '"improvements" means any and all re placements, additions, extensions, and betterments of and to the Waterworks; "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 apppapce used jn estimating the flow of water in or frpm any part of the Water.wprks; , "Minister" means the minister to whom re sponsibility for tht! subject of water is : ~} si~n~d,; ·. . ' · · "ppci--domesti9 supply" means any water from the W~terworks used for the pur pose of qr ·in· carrying on, any trade or manufacture; or for cattle, horses or 1967 CEJ\TRAL \VATER AUTHORITY ACf 33 other animals, or for watering fields or gardens cultivated or occupied as a means of pecuniary profit; or for private fountains, swimming pools or any orn amental purpose; or for the supply of ponds, pools, or tanks; or for commer cial laundries, public wash houses, public baths, vessels, ships or boats; and in cludes any person resident in, or occupy ing any premises where a non-domestic supply is given; "owner" in relation to any building or land, means a person, other than a mortgagee not in possession, who for the time being is entitled to dispose of the right of ownership of the building or land whether in possession or reversion, and includes a:lso a person holding or en titled to the rights and profits of the building or land under a lease or agree ment the unexpired term whereof exceeds three years, or the landlord or his agent if the landlord is absent or under any disability or if there be no such agent the occupier of the building or land; "public fountains" (stand pipes) means any fountain, standpost, valve, tap or appliance, used or intended to be used for or in connection with the supply of water to the public from the Watenvorks, and erected or hereafter to be erected by the Authority; "service" means all pipes, valves, cisterns, cocks, fittings and other appliances (excepting any meter or lock-off valve) by or through whicµ any water flows or is intended to flow from the Waterworks, or which are or. may be used for the purpose of supplying any building from the Wr..'. rworks, and which serve as the 141 142 r st.:blishmcnt of Aul'.iority. 1967 CENTRAL WATER AUTHORITY ACT 33 property of the owner or occupier of such building; "tenement" means any land with or without buildings, which is held or occupied as a distinct or separate holding or tenancy, or any wharf or pier; "Waterworks,, means all existing reservoirs, dams, weirs, tanks, cisterns, deepwells or boreholes, tunnels, pillar beds, conduits, aqueducts, pipes, fountains, sluices, valves, hydrant pumps, engines, and all other structures or appliances which are at present used or constructed for the storage, purification, conveyance, sup port, measurement, or regulation of water by or on behalf of the Authority, or which may hereafter be used or con structed for purpose aforesaid by the Authority and which belong to or are managed by or vested in the Authority. 3.-(l) The Authority is hereby established for the purposes of this Ai:t, and shall be a body cmporall!. (2) The Authority shall consist of eight (8) members designated Commissioners who shall be appointed by the Minister: (a) (i) a technical officer representative of the Ministry concerned with Health; (ii) a technical officer r(:prescntative of the Ministry concerned with Forestry and Lands; (iii) a technical officer represcntati\e cf the Minist1·y concerned with Public Works; (iv) a representative of the Ministry con cerned with Finance; (v) a representative of the Roseau Town Council;· 1967 CENTRAL WATER AUfHORITY ACT 33 (vi) two representatives of the Village Councils; (vii) a representative of the Portsmouth Town Council. (b) Members of the Authority shall be appointed for a period of two years in the first instance, and shall be eligible for reappointment. (c) The representative of the Roseau Town Council shall be nominated by the Council and appointed by the Minister. (d) The representatives of the Village Councils shall be nominated by the Village Councils and appointed by the Minister. (e) The representative of the Portsmouth Town Council shall be nominated by the Portsmouth Town Council and appointed by the Minister. 4. · The Chairman of the Authority wiH be appoint ed by th~ M inistcr from among the Commissioners. 5. A Commissioner may at any time resign his office in writing addressed to the Chairman, who shall forthwith cause it to be forwarded to the Minister who shall notify the Roseau Town Council, the Portsmouth Town Council or the Village Councils as the case may be. 6.-( l) The seal of the Authority shall be kept in the custody of the Chairman or of the Secretary as the Authority may determine and may be affixed to instruments executed by the Authority pursuant to a resolution of the Authority, and it shall be attested •by t't-!e signature of the Chairman and the Secretary. / : (2) All documents, other than those required by,1iaw to be under seal made by, and all decisions of, 'the Authority may be signified under the hand of the Chairman or the Secretary. (3) Service upon the Authority of any notice, order or other document shall be executed by delivering 143 C :1airman of the Authority. Commissioner. Se~l of Authorily. Service of documents. 144 Office of Authority. Meetings. Communications to and from Government. 1967 CENTRAL WATER AUfHORJTY ACT 33 the same or by sending it by registered post addressed to the Secretary at the office of the Authority. (4) The office of the Authority shall be at the Town of Roseau. PROCEDURE AND MEETINGS 7.-(l) The Authority shall meet at least once a quarter and at such other times as may be necessary or expedient for the transaction of business, and such meetings shall be held at such place and time and on such dates as the Authority may determine. (2) The Chairman may at any time call a special meeting of the Authority and shall call a special meeting within five days of the receipt of a requisition for that purpose addressed to him by any three Commissioners or by the Chief Engineer. (3) The Chairman, or in his absence any other Commissioner, appointed by those present, shall preside at all meetings of the Authority. (4) The Chairman, or in his absence the Commissioner who is acting as Chairma!l and three other Commissioners shall form a quorum. (5) The Chairman, or Acting Chairman pre siding over the meeting, shall have an original vote, and in any case in which the voting is equal the Chairman or Acting Chairman shall have a casting vote. (6) Minutes in proper form of each meeting shall be kept by the Secretary and shall be confirmed by the Chairman or Acting Chairman who presided at the meeting at a subsequent meeting. Certified copies of such minutes when so confirmed shall be forwarded to the Minister. (a) All communications and documents which require to be submitted by the Authority to the Government including resolutions, By-Laws, Rules and Regulations, reports or any other documents must be chan nelled through the Minister. 1967 CENTRAL WATER AUTHORITY ACT 33 (h) The Minister may, if he so considers, add his comments to such documents before laying them before Government, or return them to the Authority for clarification, amendment or for additional information or with his non-approval of same. (c) All com.munica,tions, orders, directives, inquiries, instructions, or any other docu ments from Government to the Authority shall be channelled through the Minister. (7) The Authority may co-opt any one or more persons to attend any particular meeting of the Authority for the purpose of assisting or ad vising the Authority, but no such. co-opted person shall have any right to vote. 145 (8) Subject to this section, the Authority Regulations. may by By-Laws, Rules or Regulations regulate its own procl.:edings. (9) The validity of any proceeding of the Authority shall not be affected by any vacancy amongst the members thereof or by any defect in the appoint ment of a member thereof. ADMINISTRATION 8.-(1) Subject to this Act, the Authority may do all such things as are necessary or convenient for the purposes of exercising the powers and performing the duties and functions conferred or imposed on it by this Act as respects its responsibility for water supply. ( 2) The Authority ,nay, subject to the ,approyal of the Minister, appoint on such terms and coadrtions as it thinks fit, (a) A Chief Engineer (b) A Secretary (c) An Accountant whose conditions of service, duties and responsibilities shall be ~is specified in this Act, and or Regulations made th..:·, 2under. Authority may appoint officers. Officers of the Authority. 146 1967 CENTRAL WATER AUfHORITY ACT 33 TilCScnior Officer or the Authority. Chief Engineer to furnish reports. Appointment of Officers and ScrvantL (3) The Authority may also appoint such other officers and servants as may be necessary for the efficient exercise of the powers, functions and obliga tions vested in and imposed on them by this Act. 9.-{ l) The Chief Engineer shall be the Senior Officer of the Authority responsible to the Authority for carrying out the decisions of the Authority and its general policy and for the general supervision of the activities of the Authority. He shall have general administrative control of all other officers, employees and agents of the Authority. (2) The Chief Engineer in addition to duties as specified in subsection (I) above will also be the manager of the Authority and shall perform all the duties and technical obligations corresponding to the engineering features in water supply in his capacity ~ chief to the engineering staff. · (3) The Authority may, subject to such conditions as they may specify, delegate to the Chief Engineer power to appoint and power to dismiss all or any of the officers and servants mentioned in sub section (3) of the preceding section. (4) The Chief Engineer shall attend all meetings of the Board, may participate in their dis cussions but shall not have the right to vote. 10. The Chief Engineer shall render to the Autho rity not later than such date as the Authority may fix monthly and annual reports relative to the finances and activities of the Authority. The Chiet Engineer shall also submit to the Authority any special report when so requested by the Authority through the Chair man. ll. In the appointment of officers and servants as specified in subsection (3) of section 10, on the coming into operation of this Act, the Authority shall give first consideration to those public officers and employees who were before the commencement of this 1967 CENTRAL WATER AUTHORITY ACT 33 Act carrying out functions and duties in conQection with waterworks: (a) in the Ministry of Communications and Works, (b) in the Central Housing and Planning Authority, (c) in the Roseau Town Council, (d) in the Portsmouth Town Council, (e) in the service of the Village Councils; who qualify for posts with the Authority. 12.-(l) An officer in the public service may be transferred to the service of the Authority on such terms and conditions as may be acceptable to the Minister, the Statutory Board or Town or Village Council employing the officer, the Authority and the offiq:r concerned. (2) An pffi.cer so transferred shall preserve all pension and superannuatiqn rights which may have accrued to him up to the date of his transfer; but shall' not be entitled to further pension or superannuation rights from Government in respect of his service with the Authority. (3) An officer transferred to the service of the Authority may, in any case where no alternative appointment may be available to him, opt to go into retirement. (4) An officer who has opted to go into retirement shall not be entitled to accept service with Government or with any' local Government body or ~taiutory Board or with the Authority within a period ,0f' two years. (5) For the purposes of this section "altern ative employment" shall me~n any employment the emoluments and conditions of service of which are substantially similar to those· of the post held by the officer at the time the trap.~f er is to be made. 147 Transfer of officers in the public service and vice versa. 148 Authority to provide adequate water supply. 1967 CEN1'RAL WATER AUTHORITY ACf 33 POWERS AND FUNCTIONS OF TJ;iE AUTHORITY 13.-{I) The Authority shall provide the inhabit ants of the Island with an adequate water service and any other service or facilities incidental or appwpriate thereto. (2) Jq pai;ti~µ\ar, and without prejudice to the, genet:alit}' of the foregojµg, . t~e Authority shall have power (a) to. have peroetual existence as. a cor poration; (b) to adopt, alter and use a corporate . seal which shall be judicially recognised; (c) to· sue ·and be sued in its ·corporate · name except that it may not· be - sued for damages arising from the real·· 0or alleged impurity of water, irregularity or insu(ficiency of the water supplied byjt and-except that judicial -s~Je:iof properties, of the Authority lshall . not be permitt~d ;- · (d) to enter• into contracts- and to exeiute all instruments necessary or convenient in the exercise of any of its powers; (e) to acquire property, real, personal, or mixed, ;~ngible or int~ngible. (includ ing with'out limitations, its own ~quri ties and those of other corporations) by any lawful means including the exercise of the power of eminent domain, .. to hold, operate and; JJd· minister,lth~ said property. a.ud tq ,gis pose .. of-~.any part :thereof: th.at iJhe Authority shall find to be. surplµ~(fo1 its purposes; · (f) to acquire I and import equipment machinery,. , and materials necessaf) ·antj l<essential for. carrying .out:1tht purt,o~ of this Act, free of.duty.-01 taxes -of any kind: 1967 Ct~TRAL WATER AUTHORITY ACT 33 (g) to employ, by contract or otherwise, such consultin~ engineers, engineer superintendents, construction and ac counting experts, and attorneys or. any other· tech~ical personnel as may be necessary; (h) to accept grants of any kind from any sources; (i) to determine, fix, alter, charge and collect r!! tes, fees, rental and other charges for the use of the facilities of the Authority, or for the water or other commodities or service sold, rendered, performed, or furnished by it; (j) to have complete control and super vision of its properties and activities, including the power to make and en force such Rules and Regulations for the maintenance and operation there of as may be necessary or desirable for the efficient operation and for accomplishing the purposes of this Act; (k) with the approval of the Governor to prescribe, · adopt, amend and repeal By-Laws governing the manner in which its general business may be conducted and the manner in which the powers and duties granted to or imposed upon it by this Act may be exercised and performed; ([) to enter on any lands, water, or premises after notifying the owners or occu pants thereof, or their representatives, for the purposes of making surveys, soundings and examinations; (m) to improve and extend any water system or waterworks under its juris dictioi1 and to provide additional facilities of the sarhe character; (n) to do all act's or things necessary or 149. 150 1967 CENTRAL WATER AUTHORITY ACT 33 Authoritf may regulate tts own procedure. Regulations. convenient for carrying out the pur poses of fhis Act. 14. The Authority may, with the approval of the Governor, make rules relating to all or any of the following matters: (a) the time and place of its meetings; (b) the cost of transporting its members; (c) the attendance of its members; (d) the form and order of its debates; f e) the powers and duties of its officers and servants; (f) the general regulation of its proceedings and the mode of conducting its business; and (g) any other matters as the Authority may consider proper and convenient. 15.--{l) The Authority may, with the approval of the Governor, make Regulations relating to any or all of the following matters: (a) the supply of water for sanitary domestic anj non-domestic purposes; ('J) the supply of water to ships; ( ~) th~ supply of water by meter; (d) the time and mode of making applica tion for any supply of water; (e) the manner of laying house services, the quantity of water to be supplied and the nature and quality of meters and other appliances and apparatus to be used; (j) the circumstances in which a water supply shall be stopµ:!d; (g) and to any other matters considered necessary for the good conduct and managements of the Authority. (2) Subj~ct to' the provisions of this Act, the Authority shall from time to time make, and when made, may add to, alter, and rescind Rules and Reg ulations for the good government of the Waterworks 1967 CE:"ITRAL WATER AUTHORITY ACT 33 generally, in respect of the use and conservation of water and the care, maintenance, and protection of the facilities that are used or usable in the supply, distribution, consumption or utilization of water - to the end that the purpose for which the Authority is created shall be attained, that the health of the inhabitants of Dominica shall be protected, that the water available shall be utilized in the fullest measures possible, and that it shall be made available to consumers with the greatest possible regularity and continuity. Such Rules and Regulations, after approval by the Governor and publication in the Official Gazette, shall have the force of law and violation thereof shall be deemed to be a violation of this Act. (3) The aforesaid Rules and Regulations shall specifically cover the following matters: (a) the assessment of water supply rates; (b) the manner in which general water rates and water supply rates and other payments for water are to be made, and the time and place of making and the manner of enforcing such payments; (c) the manner, time and place for making payments for services constructed for private and other persons; the use of meters and the time of (d) reading the same; (e) the protection of the public from in civility, unpunctuality, neglect, or ex tortion on the part of the officers, servants, or agents of the Authority; (f) the good conduct and management of the Waterworks. (4) The Chairman of the Authority or his duly authorised representative shall have, when circumstances so require, access to any building or place and the right to inspect the same for the pur pose of investigating whether or not violations of the said Rules and Regulations are being or have been 151 Infringement of Regulations an offence. Matters that shall be dealt with in the Regulatiom 152 1~7 CENTRAL WA~ AUlHORITY A~T 33 Penalties. committed thereon, or for the purpose of correcting. any deficiency which· atrects the water service.. Any equipment, property, apparatus, or thing which exists, or is· maintained in violation of the Rules ao·q Regulations duly made shall be deemed a public nuis7. ance. In the event of the refusal of ihe owner, agent, o~ tenant of any property where such a nuisance exists to remove or abate th,e same within a reasonable· timy · after proper notification, Jhe Authority shall be em-· powered · to rem~ve or abate the nuisance ~t tp( expense of the said owner, agent, or tenant. · (5) No such Regulations or any alteration i or r~peal thereof, shall have any force or effect until 1 same have been approved by the Governor and pub-' lished in the Gazette. 16.-(1) If any person supplied with water by the Authority wilfully or negligently should cause or suffer any pipe~ valve, cock, cistern, bath, soil pan, water closet, or other apparatus or receptacle to be put out of repair or to be so used or contrived in such a way that the water supplied to him is or is likely to be wasted, misused, unquly consumed, or contaminated, or in such a way as to occasion or allow the return of foul air or other noxious or impure matter into any pipe belonging to or connected with the pipes of the Waterworks, he shall for every such offence be liable to a penalty not exceeding fifty dollars. (2) Every person who: (a) violates any of the prov1s1ons of any By-Laws or Regulations made under the authority of this Act; or (b) refuses or neglects to act in obedience to any such By-Laws or Regulations; or (c) resists, opposes, or obstructs the law ful execution thereof, shall on summary conviction for every such offence be liahle to a fine not exceeding one hun dred and fifty dollars. 1967 CENTRAL WATER AlITHORITY ACT 33 (3) Every person who: (a) impedes the flow of the water belonging to the Waterworks; or (b) washes clothes or any other thing in such water; or (c) bathes in the same; or (d) waters any horse, mule, cattle, or other animal in the · same, or carries any such animal to water into the same; or (e) washes in, fouls, or in any way misuses the said water; or (/) obstructs or in any way hinders any person duly employed in connection with the said Waterworks in the execu tion of his functions; or (g) wilfully injures or in any \\-ay dam ages the said Waterworks, shall on summary conviction for every such otfence be liable to a· fine not exceeding two hundred dollars or to imprisonment for a· period not exceeding three months. (4) In the event any damage should result to the Waterworks from the commission of any of the .offences mentioned in the preceding section, it shall be lawful for the Magistrate, in addition to any punishment he may inflict, to order the offender to pay compensation to the .Water Authority. (5) Any person who commits an offence against this Act for which no penalty is specially pro vided shall upon summary conviction be liable to a fine' ·not exceeding five hundred dollars, or to imprison rrient for a term not exceeding six months, or to both such fine and imprisonment. 17. There shall be vested in the Chief Engineer, in his capacity as Senior Officer of the A,uthority", the power and authority"to give effect to and execute any project or scheme for the supplying of water which has been appro\cd and confirmed by the Central Water Autho rity, anu he may delegate any or all of the. nowers con ferred un him under this Act. 153 Powers of the Senior Officers. 154 1967 CENTRAL WATER AUTHORITY ACT ~3 Qualificalions for office. Vcsling of propcny rights. 18. The qualifications for any office or post in the service of the Authority and the duties . and obliga tions of any such office or post shall be determined by the Authority. 19.-(l) There are hereby transferred, conveyed, and delivered unto the Authority: all of the property, real or personal, tangible and intangible, of whatsoever nature and wheresoever located, owned, operated, or controlled by the Govern ment of Dominica which is used or useful primarily for the supplying of water for domestic, industrial or commercial use. (2) There shall be used for the purposes of these transfers and there shall be transferred all the maps, plans, projects, desiins, data related to the con struction, maintenance, improvement · or extension of the waterworks, and all accounting books, records files, instruments and equipment used in the operation' maintenance, and administration of such waterworks'. T~e de~cription and inventory of the properties con tamed m the resolution of the Authority in relation to the transfer of the said properties shall be conclusive for the purposes of identification of the property so transferred. Upon the adoption of such resolution, the officials in charge of the property therein described shall deliver the said property to the Authority. (3) With the approval of the Governor, the Authority may enter into an Agreement with the Roseau Town Council or any Town or Village Council for the purpose of transferring to the Authority from such date or dates as may be fi?ced therein, the whole or any part of the ii! ndertakingsj or any property what soever vested in, an:y---such-Cbuncil, which is being used or may be used in connection with water supply. (4) With the approval of the Governor, the Authority may enter into an Agreement with the Central Housing and Planning Authority for the purpose of transferring to the Authority from such date 1967 CENTRAL WATER AUTHORlTY ~er ,33 or dates as may be fixed erein, the whole part or any part of the ndert kin s or any property whatsoever yested in the Central }iousing and Planµing Authority which is being used or may be us~d in connection with water supply. (5) Upon a transfer taking effect under this section every agreement to which the transferor (Gov ernment, Council or the Central Housing and Planning Authority) was a party immediately before the date of such transfer shall have effect as if (a) the Authority had been n party to the agreement; (b) for any reference to the transferor there were substituted, in respect of anything failing to be done on or after the date of such transfer, a reference· to the Autho rity; (c) for any reference to any member or officer of the transferor there were substituted, in respect of anything fail ing to be done on or after the date of such transfer, a reference to such person as the Authority may appoint or, in default of such appointment to the member or officer of the Authority who corresponds as nearly as may be to the member or officer of the transferor; (d) for any reference to any fund or rev enues of the transferor there were sub stituted, in respect of anything failing to be done on ·or after the date of such transfer, a reference to the correspond ing fund or revenues of the Authority. 155 , 20. All appropriations made by Parliament, any Appropriations. 1Town or Village Council or the Central Housing and ,•Planning Authority for any of the purposes of this Act are hereby approved, ratified and confirmed and all sums so appropriated or set aside or required to be set aside or appropriated for the said purposes, and any balance thereof, are hereby transferred to the Authority. 156 1967 CENTRAL WATER AlITHORITY ACT 33 uovemmcnt subsidy. Accounts. Authoriiy may fix, revise and levy rates. 21. During the first three years after the establish ment of the Authority, or until such time thereafter as the Authority is self-supporting, there shall be charged upon the Consolidated Fund a sum not less than that part of the Authority's operating budget not sufficiently covered by its own revenue. Provided that such sum shall not without the approval by Resolution of the House of Assembly exceed the average amount appropriated for the same purooses during the last three years. 22. The accounts of the Authority shall be kept in such manner as appropriately to segregate, in so far as advisable, the accounts in respect of the different classes of operations, projects, under takings and activities of the Authority, and shall include complete accounts of the costs of production and distribution of water and of the total cost of waterworks constructed or otherwise acquired by the Authority and a description of the major components of said costs, together with records of such other physical data and operating statistics as may be helpful in determining the actual cost and value of the services. 23.-(l) The Authority shall be entitled to fix, levy and demand, and from time to time revise the rates and charges to be paid and collected for the commodities, services and facilities furnished by the Authority. (2) The said rates and charges shall be sc fixed as to provide funds sufficient (a) to pay the cost of administering maintaining, repairing and operatini the water systems, including reserve: for such purposes, and for replace ment and depreciation; (b) to pay the principal of and interes on any loans raised hy the Authorit to carry out its purposes. 1967 CENTRAL WATER AUTHORITY ACT 33 {3) The aforesaid rates and charges to be paid to the Authority shall comprise, as regards the water services- · (a) a general water rate payable upon all tenements, other than buildings belonging to the Government, situat ed within the prescribed water supply ~ area, wheth@.r provided with services, ef-fte.t; (b) a water supply rate, payable with respect to all tenements provided with services in additio·n to the aforesaid general water rate; (c) payments for.water supplied by meter, including supply to domestic, in dustrial, commercial or shipping in stallations. 24. For the purposes of the application of the water rates provided in the preceding section, the areas to be supplied with water under this Act, shall be defined by an Order made by the Minister and it shall be lawful for the Minister from time to time by Order further to extend or otherwise vary the limits of the several areas. 25.-( l) The Authority shall annually assess the general water rate, payable by the owner of each tenement situated within the prescribed water supply area, and the said general water rate shall be such percentage or poundage, not exceeding I % upon the assessed value of lands, houses and buildings as the Authority shall determine. (2) The actual amount payable within respect to/ each individual tenement shall be assessed by the A1J,thority, according to the method of assessment p,ovided for the collection of house and Ian d tax. (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 there: f, shall be calculated in propor 157 Minister to specify areas lo be supplied with water. (jcneral Water Rate. 158 1967 CENTRAL WATER AUTIIORITY ACT 33 Funds of the Authority. Authority may raise loam. tion to 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 Authority. 26.-{l) All monies of the Authority, including monies raised on loan under this Act, shall be deposited in such manner as the Authority shall determine. (2) All monies received by the Accountant General for the Authority shall form a fund to be called Dominica Water Authority Fund and shall be at the disp3sal of the Authority with the approval of the Governor. 27.-{1) Notwithstanding anything contained in any other law, the Authority may, by resolution ap proved by the House of Assembly, from time to time, and by the issue of debentures, raise loans to be applied towards the financing or the cost of construction, extension, or improvement of waterworks systems or for carrying out .:uy 0f the purposes for which the Autho1 ity is estaiJlished; and the said loans may be ap)li..::J tJ p.1; the expenses inciicntal thereto. (2) Such loans may be Cl ntracted 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 and expended in tl:.e payment of interest and repayment of principal and the repayment of salaries, wages, and materials used in the spccif:c projects carried on or e ,e.;utcd with thesl' monies shall constitute a first charge on the revenues of the Author ity and if these are inadequate a charge upon the general revenul!s and assets of the Island. (4) A resolution approved by the Authority to contract a loan shall clearly specify that the sums 1967 CENTRAL WATER AUTHORITY ACT 33 raised to 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 of improvements of waterworks systems, or for carry ing out any of the purposes for which the Authority is established. (5) The resolution shall cover all details regarding debentures, including the form of debentures, the sum of the same, the period during which they shall bear interest, the signatures on the same, the type of coupons, registration, provision for payment of interest and, for creating a sinking fund, provision for re demption of principal, the number of da)'s for drawing, notice of time and place for drawing, time when princi pal will be repaid, cessation of interest, delivery, and cancellation. The resolution shall also include any other clause or condition that may be required by the lending imtitutions and accepted by the Authority. 28.-( l) All gathering grounds limited, marked out, and defined as such for any existing waterworks at the time of approval of this Act shall remain with the Government of Dominica. (2) Additional gathering grounds when ne cessary shall be determined in accordance with reg ulations approved by the Authority: Provided that a map showing clearly the limits and areas of the gathering grounds shall be made and kept for public reference at the office of the Authority and a notification of the completion of such a map shall be published in the Ga:celte. ' • l9/ No house or building or any other con stn:ictions used or intended to be used temporarily or pe~fuanently as a dwelling shall be erected on any gathering ground of the waterworks saving and except ing constructions intended solely for the purposes of the waterworks. 159 Gathering grnunds to be vested in the CroYtn. Buildings not to 1:-e erected on gatherini grounds 160 Forest r~nes. Cap. 80. 1967 CENTRAL WATER AUTHORITY ACT 33 30. Gathering grounds shall be retained as forest reserves in accordance with the provisions of the Forest Ordinance. Lands in gather- - 31. Whenever the Minister shall, upon the re ins grounds re quired ror in- presentation of the Authority or otherwise, decide crcuing water that a gathering ground is required for the purposes of supply not to be Jc..scd, etc. extending or augmenting the water supply, the Author Authority on giving notice may plaoe its works or projects on any lands, highways or property. ity shall cause the limits or areas thereof to be marked out, defined and mapped, and thereafter no land not then already leased or sold by the Crown, shall bt: granted, devised or otherwise disposed of within such limits or area for any purpose whatsoever. 32.-( I) The Authority or their officers, agents or servants shall after giving reasonable notice in writing to any Town or Village Council or to the Central Hous ing and Planning Authority, have the right and power to construct or place any part of any of its works, projects, undertakings, or property, and 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 Dominica or any Town or Village Council or the Housing and Planning Authority without obtaining any franchise or permit therefor, but shall obtain the consent of the Chief Technical Officer of the Public Works Department with respect to constructions affecting public lands and highways. The Authority shall restore such street, highway, or land to their condition before the commencement of any operation. (2) Whenever it becomes necessary to re locate installations of the Authority situated on the public thoroughfare, or in any other place, by reason or as result or consequence of the execution of a public work in the charge of the Department of Public Works or other governmental agency, the cost of such allocation shall be considered as a part of the expendi ture carried by that Department, and shall be paid or reimbursed to the Authority by the agency to which the 1967 CE:"JTRAL WATER AUTHORITY ACT 33 work corn:sponds, according to the system in force with respect to the pa)'ments for the execution of a public work: Provided that if the 1 elocation is to be used for an improvement or enlargement of the water svstem affected, the Authorit} shall take charge of the additional cost resulting therefrom. 33.-( l) On or before the thirty-first day of March in each year, the Authority shall submit to the Minister a Balance sheet setting forth the amount of (a) sums collected in respect of the general water rate during the past financial year; (b) sums collected in respect of the water supply rnte du1 ing the past financial year; (c) sums collected in respect of other sources of revenue connected with the water supply during the past financial year; (d) sums received from private persons in respect of service provided by the Authority, or in respect of material sold by the Authority, to private individuals during the past year; (e) value of stock of tools and materials in possession of the Authority at the close of the past financial yea1 ; (f) expenditure on administration and maintenance of the Waterworks pay able out of Current Revenue during the past financial year; (g) expenditure on account of Reserve Fund during the past financial year; (/1) expenditure incurred in the con struction of services on account of private persons; (i) balance available for the payment of interest and Sinking Fund and for the creation of a Reserve Fund; 161 Authority to suhmit Balance Sheet to the Cab in.:t. Authority to submit its Es timates of Rev enue & Expend iture for the ap proval of the Minister of Fin ance. Authority or its officers to have access to build ings. (j) p~t~tan9ing debts and Jiabjli!j~s at th~ close of the financial y;ar; jil)d (1') o~tstanding debts due to ihe .~Htp onty: Provided always that the Accountant Genernl shall furnish to the Authority such statements of ac counts as may be necessary to comply with the re quirements of this section. (2) The balance sheet statement of, the revenue and expenditure of the Authority shall be d,uly aupit~d by the principal audit officer or such other aµditor as may be ~pproved by the Minister. 34. On or before the thirtieth day of Septem ber in each year, the Authority shall submit .for the approval of the Minister of Finance, an estimate setting forth (a) the revenue to be collected during the ensuing financial year on account of the general water rate, water supply r~te, and other sources of revenue respec\ively; {b) the probable expenditure on main tena~ce, administration and ordinary repairs; (c) the probable cost of alteiations, ex tensions or extraordinary repairs to be defrayed out of the Reserve Fund. JS.-(1) The Authority or its officers, agents or serva11ts shafl, when circumstances so require, have access at reasoJ1able times to any building or place to ins~t the ~ame for the purpose of investigat ing ijny defect iQ f pe water system and of correcting any, d~Qcieqcy in the ·w~ter service. Any equipment, property, . apparatus, or thing whjch exists or is main tained in contniveotion of the provisions of this Ordinance or any Regulations made thereunder shall be deemed a public nuisance. (2) , In the event of the refusal of the owner, agent, or ten~nt of any property, where such a 1:;v, -'- ·- d.lV\.1, \l.t\..1..1:..1'\. .. \.L,.1.11Uh1.l 1 ,1..Ll JJ · nuis:111ce exists, to remove 01 abate such nuisance after noti,:I! in writing is given to do so, it shall be lawful for the Authority to remove or abate the nuis ance at I he expense of the said owner, agent, or tenant. 36. IL shall be lawful for the Minister upon the request oi' the Authority to acquire, for the purpose of the V/ak1works, any springs, streams, deep\', ells or borchok:,, or waters (surface or underground) and also any lands which may be required for such purpose; and to th::~ end the Minister may agree wit:1 the owners of such springs, streams, decpwells or bore holes, waters (surface or underground) or lands and with all parties h:1ving any estates or interest in the same, for th·: p.1rchasc of such springs, strc~.;11s, deepwells or borchu!cs, wat. : ,·s (surfac~ ur ur.ckrgroun:,j or bnds N such p.1rt thereof as may be required, a!ld for all 1i[',11ts ai,·: inkiest in, to and over the sarnt:. '37. Iii thi.: c1.:nt the Minister and such uwncrs, occupier-.,, or pi.l!'li..:s interested as aforcsaicJ, a!·e uriaLile to agre.; ;,s to the purchase money or othenvise or i( the ow1i-.:1 s cann·.)i. be found, then it shall be l-:1wful for the f\', inistcr to proce~d to acquire th.: said ~P i:-.gs, stre:trns, ·.-:atcrs Of lands und~i- tbe pi v'> isions ui' li,c Land Acquisition 0; dinance, vi· of any Act whir:h m<i hcre::!\--:i· lx: µ;;sscd f (., r the :.cquisiLon Gt' l:i .,d fer public p:,.pos.:s. 33. \'.'hen ti1c Mir:::'>ter, 011 behalf of the Authority, loj tvlini;tcr may ac 4uir~ lands, \\ells 0r bc,;-.:;ho!cs 011 bchJif or the Autl,ority. I ~:L1...'.l 111a\' bl! ,.~4t:irc.J ~ndcr ti.~ :~1r J i\(1.. ui ! it i, .. 1 Ordi•1'.-:.c. /,ut1~orit\' ff'a\ t~I h ~ ! lb~ ·L.' ~j(.).11 i.' 11 :1s tz!l~L':l 11::-isscssion of any ~1·xings, streams, "' ~c~uircd l..111ds, dcepw.::: . or borcliol;::s, oi· waters (surface or under- ~,:. ground) ( · lane.ls ui1der the authority of tht: lv-. o preced ing secti:1:·,s, a!id subjci:t to the payment by 1he Author ity of any claim i,! resp.::ct thcrcJ!. ir shall be lawfLil fo:· the AutL >rity i:·,;,neoiateiy t•...1 cr:~er upon and t~·.k.c • poslcgsi-: · 1 or such springs, streams, ucepwells or bore iwfc;, u, \vaters (surface er underground) ur lands; uiK4 all 1:ic estate, w:c, right, title and irittic.:st of all , plrii(:s tli..:rcin sh::!) b.: vested in the Authority for the nlli'OO:,~· , , ;' this ;\ct. J • , 164 fudge: may issue: .,arrant for '.los~sion of NOpcrty. P.:rsons :iuthur ised by .-\uthority may ent.:r llfh'n lands .• rnd prem ises. !\finistr) ,,f Hc,tlth c-, he rcs ponsibk f,H quality nf \\.tl.:r. Authurity may prcYcnt pollution ofw;it.:r. 1967 CENTRAL \VATER AUTHORITY Acr 33 39. In all cases in which the Authority shall have a right of entry under the prnvisions of this Act, and delivery of possession shall be refused 0r withheld, it shall be lawful for the Judge to issue his warrant to any bailiff or police constable to enter upon the pro perty, the possession of which shall be refused or withheld, and to take possession thereof and to deliver the possession of the same to such person as shall in such warrant be nominated to receive the same, and the bailiff or police constnble shall take such possession and deliver the same accordingly. 40. It shall be lawful for ariy person specially authorised 1hcrelo by the Authority to enter upon the lands nnd premises on which the source of any water supply is located ar.~! also upon the lands and premises through or under which the line of pipes passes or is intended to pass, without being subject or liable to any action, suit, or p;·occcdings, fine, penalty or punishmc11t for or in respect of any such entry or continuation upon such lands am! premises. 41.-(1) The control of th;.; quality of the \vate; supplied by the Authority shall be the responsibility of the Ministry charged with the subject of Health. (2) All directives, instructions, regulations and standards set up by the Ministry responsible for Health for the quality of the water and any sanitary aspect of the waterworks shall be obeycJ and complied with by the Authority. (3) Duly authorised olliccrs of the Ministry charged with the subject of I kalth may enter the premises of any plant or waterworks for the purpose of inspecting or taking samples of water and of verify ing that the directives, instructions, and regulations and standards issued by that Ministry are complied with. 42.-(1) The Authority is ,cstcd with the duty and power to prevent the pollution or contamination of the rivers, springs, deepwells or boreholes, catchment areas, water courses or any source or ,vater supplied (surface or underground). 1967 CEYfRAL \\'ATER AUTHORITY ACT 33 ····---~ (2) The Authority, after consultation with the 1\fo;i ;try rc.,p:)nsible for Health shall enact any necessary Regulations to this effect. 43.-( I) · The Authority shall render no free service. The charues for services rendered to the Government of Domi11ica or to any Town or Village Council shall be deemd to be ordinary expenses of the Government or of the corresponding Town or Village Council and shall be paid from appropriations made for such purpos.:- .. Such pa:.1ments shall be made in accordance with pr-i·:isions in force rc~ulating the disbursement of publiL· funds. (2) There shall be no direct water charge for w,~tcr used hy the Fire Brigade in cases of fire. ( 3) Priv,1te fire services and water used by privak i11stallatio11s shall be charged in accordance with thi..: ,ipplicable rate determined by the Authority. (4) There shall be no direct water charge for water used by the Public from public fountains, but this -;crvicc :,hall be considered to be an obligation of the Government or of the corresponding Town or Village Council who shall p:1y to the Authority the price oi' water served through public fountains. (5) The Authority shall enter into an agree ment \\ ith the Government or the corresponding Town or Village Council regarding the rate to be paid for this 'i•.:rvice. l-t. .\II offences against this Act or against any Regulati1 ll1S made thereunder may be prosecuted, anq, all Lites or claims under this Act may be sued for i{y th•.: Chief Engineer or by any person authorised in writin~ in that behalf before any Court of competent jl,lfisdiction. 45. Until the Central Water Authority has set up, with the :tpproval of the Minister a new Schedule of char!!es, '.vater rates and rents as authorised in this Act, the 111-C'.L H charges, rates and rents, th·.: r~ites fixed 165 Services of the Authority to be paid for. Offences. Water rates al ready fixed to remain in force until altered. IG6 E:1..:mpliclll fw,n income tax. im port duty and w!1arfagl! J111:s. I ,1 ca:-,, of con fli.:l 1hi , Ac11.i prevail. \\ I., n l',,ri, er f'I ,). i:-,,id1.'I llll\ b.:i·:,;:liJ. 1967 CENTRAL \YATER AFfllORITY ACJ 33 for water supply to consumers :ind the methcd of assessment shall continue in full force and effect. 46.-(l) Notwithstanding anything to the con trary in any law contained, the income 0f t!1c Authority shall b~ exempt from income t,1x. (2) All materials, ,ind all equipment and stor:::s, required for the purposes of this Act, and imported or i:iken out of bond by the ,\utlwrity, shall be exempt from the paymcn; ~~r import duties and wharfag::: dues. 47. Whenever the provisinn<; or this Act or of any r ;gulations made thc;·eundcr :ire i11 conflict or arc in consistent with the provisions or ::ilY other law rc::tting to the control of water suppl:· t '.1c pn1-. isions of this Act and the Regulatio:is mad.: l;H::·c,!i~ ,, .- sh;dl prevail. ..;3. If an~' pro\'1sions or (.i; ,',cl ur tb: appli cation of such pruvisions to ~my r,.::';Jn or ci1·cumst,rnces shall bi! heLI invalid, the rcmai::(h::r or this Act und the application of its pwvisians to p .. ·;·sons or circum stances other than those i"or which it shall have been held invalid shall not be affcct~d thereby. 49.-( I) All Ordinances or p:irts of Ordinances or any Reg!..ilations or p:1rts thcr~of in c:Jnf1ict \\ i 1.h this Act arc hereby repealed. (2) Those sections or the Roseau To·.vn Council Ordinance, the Portsr:1outh To,, n Council Ord inance, the Vilbge Councils Ordina1~cc, the Town and Country Planning Ordinance a11d tl .: Slum C ;arancc and Housing Ordinance or of any JJ~·-Law dealing with ~ny asp:ct of w:1tcr su1\<, ~ire ::-:rcby repealed. SO. Thi:-; A•:l shall com: into up.T.t:· , on the 27th dJy or September, 196i. MARIE DA \'IS PIERRE Clerk <1{ !i,.· Jlvu.\l.! ,;/ ,·1sse111hly. M. i,. C. & \\'. l 1.'.33. DU\IINI(",\ p. .1:--i1 · HY rt:E (;o\t.R.S\U . ....:1 Pi!!.\."ri:.K .\1 fHl G~ \I 1 ·,-.trsr J'i :.·.1LR'I, RO\l·..\t;. tl'ricc S ~.bOJ