Watercourses and Waterworks Ordinance (Chapter 185), Act no. 25 of 1955

Watercourses and Waterworks Act CAP. 11.06 1 Revision Date: 31 Dec 2002 LAWS OF SAINT CHRISTOPHER AND NEVIS ST. CHRISTOPHER AND NEVIS CHAPTER 11.06 WATERCOURSES AND WATERWORKS ACT and Subsidiary Legislation Revised Edition showing the law as at 31 December 2002 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, No. 9 of 1986. This edition contains a consolidation of the following laws— Page WATERCOURSES AND WATERWORKS ACT 3 Act 20 of 1955 … in force 31st May 1956 Amended by: Act 8 of 1962 Act 6 of 1976 Act 9 of 1986 WATERCOURSES AND WATERWORKS REGULATIONS – Section 10 12 S.R.O. 33/1973 Amended by: S.R.O. 21/1975 S.R.O. 40/1976 WATER SERVICE RATES – Section 12(6) 18 S.R.O. 23/1976 Prepared under Authority by The Regional Law Revision Centre Inc. ANGUILLA Watercourses and Waterworks Act CAP. 11.06 3 Revision Date: 31 Dec 2002 LAWS OF SAINT CHRISTOPHER AND NEVIS CHAPTER 11.06 WATERCOURSES AND WATERWORKS ACT ARRANGEMENT OF SECTIONS 1. Short title 2. Interpretation 3. Watercourses and waterworks-vesting of in Crown 4. Establishment of Board 5. Constitution of Board 6. Officers and employees of the Board 7. Status of Officers 8. Powers and duties of the Board 9. Power to make rules 10. Power to make regulations 11. Arrangement by Board for bulk supply of water 12. Power of Board to levy rates 13. Estimates 14. Expenses and revenue of Board 15. Audit of accounts 16. Power to bring watercourses within the provisions of the Act 17. Power to remove water-courses or waterworks from the provisions of the Act 18. Power to declare area to be a watershed 19. Compensation 20. Offences 21. Selling water an offence 22. Neglect to give notice of want of repair an offence 23. Resisting or obstructing Board, etc., an offence 24. Penalty for offence 25. Proceedings to be laid in name of secretary 26. Rates and charges how recoverable FIRST SCHEDULE: The Watercourses and Waterworks Regulations SECOND SCHEDULE: Water Service Rates Watercourses and Waterworks Act CAP. 11.06 5 Revision Date: 31 Dec 2002 LAWS OF SAINT CHRISTOPHER AND NEVIS CHAPTER 11.06 WATERCOURSES AND WATERWORKS ACT AN ACT TO MAKE PROVISION FOR THE REGULATION AND SUPPLY OF WATER FOR DOMESTIC AND NON-DOMESTIC PURPOSES; AND TO MAKE PROVISION FOR RELATED OR INCIDENTAL MATTERS. PART I PRELIMINARY Short title. 1. This Act may be cited as the Watercourses and Waterworks Act. Interpretation. 2. In this Act and in any Regulations made thereunder— “distribution area” means the State; “domestic supply” means water supplied for use for domestic purposes only to any dwelling house, school house, church, office, store, shop or other building; “non-domestic supply” means water supplied to any hotel, factory, laundry, garage used for hired cars, trough for watering animals or to any place where water is used wholly or partly for other than domestic purposes; “premises” includes a house, tenement, store, warehouse, shop, and every other building, a yard whether open or enclosed and every piece or parcel of land; “stand pipe” means any pipe, tap, cock, valve, cistern, or tank situated in any public place or in any place to which the public have access from, through or by means of which water is supplied to the public; “street” includes any court, alley, highway, thoroughfare, public passage or place, however the same may be called; “the Board” means the Water Board appointed under section 4; “watercourse” means any pond, spring, stream or part thereof vested in the Crown or which shall be declared to be subject to the provisions of this Act; “water service” means any pipe, cock, valve, fitting or other appliance used for conducting a supply of water from the water works into any premises for use thereon; “waterworks” means all reservoirs, wells, dams, tanks, cisterns, tunnels, filters, beds, conduits, aqueducts, pipes, stand-pipes, showers, valves, pumps, engines, culverts and all machinery and appliances, lands, buildings and things used for or in connection with the supply of water, which have been constructed or maintained from public funds or which shall hereafter be so constructed or maintained. 6 CAP. 11.06 Watercourses and Waterworks Act Revision Date: 31 Dec 2002 LAWS OF SAINT CHRISTOPHER AND NEVIS Watercourses and waterworks-vesting of in Crown. 3. All watercourses and waterworks which immediately before the coming into operation of this Act vested in the Crown shall continue so to vest and any waterworks which may be constructed under the provisions of this Act shall vest in the Crown. Establishment of Board. 4. There shall be established a Board to be styled “The Water Board”. Constitution of Board. 5. (1) The Board shall consist of the Water Engineer of the State or, if there be no such Water Engineer, then the Director of Public Works of the State, and four other members to be appointed for such period as may be determined by the Minister acting in accordance with the advice of the Cabinet. (Substituted by Act 8 of 1962) (2) The Water Engineer of the State or, if there be no such Water Engineer, then the Director of Public Works of the State shall be chairperson of the Board and shall preside at all meetings of the Board but in his or her absence the members present shall elect one of themselves to be Chairperson of the meeting. (3) Three members of the Board shall form a quorum and all questions arising for the decision of the Board shall be decided by a majority of the votes of the members present and, when the votes are equal, the chairperson shall have a casting vote. (4) A member shall vacate his or her office if he or she— (a) resigns in writing addressed to the Minister; (b) departs from the State without the leave of the Minister or remains out of the State after the expiration of his or her leave; (c) fails, without reasonable excuse (the sufficiency whereof shall be determined by the Minister) to attend three consecutive meetings of the Board. (5) The Minister, acting in accordance with the advice of the Cabinet, may appoint any person to act in the place of the Chairperson or any other member of the Board in case the Chairperson or other member— (a) is absent on leave, or from the State; or (b) is unable to act. (Substituted by Act 8 of 1962) Officers and employees of the Board. 6. (1) The Minister may appoint any of the undermentioned officers to serve the Board at such salaries as may be provided for the purpose— (a) a secretary; (b) a resident or a consulting engineer (if there be no Water Engineer of the State); (c) such other permanent officers and clerks as may be necessary for the proper execution of the provisions of this Act. Watercourses and Waterworks Act CAP. 11.06 7 Revision Date: 31 Dec 2002 LAWS OF SAINT CHRISTOPHER AND NEVIS (2) The Board may, from time to time, engage such workers and labourers as they may think fit. Status of Officers. 7. Every officer (other than a resident or consulting engineer) appointed under subsection (1) of section 6 shall perform his or her duties under the directions of the Board but in all other respects and for all other purposes he or she shall be deemed to be an officer in the public service of the State. Powers and duties of the Board. 8. (1) The Board shall control, manage, maintain and supervise all watercourses and waterworks in the distribution area and shall provide (so far as is practicable) an adequate water supply for the consumers therein. (2) It shall be lawful for the Board— (a) to construct or lay down any waterworks for improving or augmenting the water supply; (b) at all reasonable times (with their servants or agents) to enter any public building, that is to say, any building to which the public or any portion of the public may have access (on payment or otherwise) and to enter upon and to pass and repass over any land for the purpose of carrying out the provisions of this Act; (c) whenever it may be expedient or necessary for the purpose of conserving the water supply or for extending, altering or repairing the waterworks or for the purpose of connecting or repairing water services or in the case of fire to diminish, withhold, suspend or divert (without prejudice to the payment of water rate) the supply of water through the waterworks; (d) whenever it may be expedient or necessary for the construction, alteration, maintenance or repair of any waterworks to break open any street and any sewer, drain or tunnel within or under any street. Power to make rules. 9. The Board may make rules with respect to the time, place and convening of its meetings, the general regulation of its proceedings at meetings and the mode of conducting its business. Power to make regulations. 10. (1) The Board may, with the approval of the Minister, make regulations relating to all or any of the following matters— (a) the method of making application for supply of water; (b) the charges to be made for connecting water service appliances to premises; (c) regulating the supply of water to consumers; (d) regulating the supply of water from any tank or reservoir forming part of the waterworks; (e) the circumstances (other than in times of emergency) in which water supply may be stopped; 8 CAP. 11.06 Watercourses and Waterworks Act Revision Date: 31 Dec 2002 LAWS OF SAINT CHRISTOPHER AND NEVIS (f) the prevention of waste, misuse and pollution of water; (g) securing the waterworks from injury of any kind; (h) the cleaning, maintenance, protection and prevention of obstruction of watercourses; (i) the sanitary control of water-sheds; (j) the forms of all notices to be given or sent by the Board and the issuing and service thereof; (k) the payment of rates; and (l) generally, for more effectually carrying out the provisions of this Act. (2) Unless and until other provision shall be made under subsection (1), the regulations contained in the First Schedule shall have effect. (3) Regulations made under paragraph (h) of subsection (1) may— (a) authorise any officer of the Board to cut, fell, or burn any tree or underwood whatsover growing or that shall grow within a distance of thirty feet of any watercourse; and (b) prohibit within the distance aforesaid the cultivation of any land or the depasturing or grazing thereon of any livestock. (4) Regulations made under this section may prescribe penalties not exceeding six months imprisonment or a fine of five hundred dollars for any breach thereof. (Amended by Act 9 of 1986) Arrangement by Board for bulk supply of water. 11. The Board may supply water in bulk for the use of consumers upon such terms and conditions as shall be agreed upon with the approval of the Minister. (Amended by Act 6 of 1976) Power of Board to levy rates. 12. (1) The Board may, with the approval of the Minister, levy a water service rate on all premises in the distribution area. (2) A water service rate may be made to apply to the whole of the distribution area or different rates may be fixed for different parts thereof, or, for different classes of premises. (3) All such rates shall be payable in such manner and at such times (whether fixed by reference to the service of a notice or demand or otherwise) as the Board shall prescribe by Regulation made under section 10. (4) The expression “water service rate” means a rate levied on premises which are supplied with water by means of a service to such premises. (5) The power of the Board to levy rates under this section shall be subject to such general or special exemptions as may now exist or, from time to time, be approved by the Minister. (6) Unless and until other provision shall be made under this section the water service rates set out in the Second Schedule shall be levied on all premises in the distribution area. (Amended by Act 6 of 1976) Watercourses and Waterworks Act CAP. 11.06 9 Revision Date: 31 Dec 2002 LAWS OF SAINT CHRISTOPHER AND NEVIS Estimates. 13. (1) On or before the 30th day of September in each year the Board shall submit to the Minister an annual estimate of the anticipated expenditure of the Board in respect of the financial year commencing on the first day of January the next ensuing. (2) Such estimate, as approved or amended by the Minister, shall be included in the Annual Estimates of the State and submitted to the National Assembly in due course. (Amended by Act 6 of 1976) Expenses and revenue of Board. 14. (1) All expenses incurred or payable by the Board in carrying out the provisions of this Act shall be met out of funds provided annually by the National Assembly and all expenditure and disbursements shall be made in accordance with the financial instructions for the time being in force. (2) All rates collected by the Board shall be paid for the public use of the State at the office of the Water Engineer or at such other place as the Minister may appoint. (3) If there be no Water Engineer all such rates shall be paid at the office of the Superintendent of Public Works or at such other place as the Minister may appoint. Audit of accounts. 15. The Board shall, on or before the last day of March in each year, submit to the Auditor a statement of account for the twelve months ending on the preceding 31st day of December, and such statement shall, after audit, be submitted for the information of the Minister and the National Assembly. Power to bring watercourses within the provisions of the Act. 16. (1) The National Assembly may, from time to time, by resolution, declare that any watercourse shall be subject to the provisions of this Act and thereupon the said provisions shall apply accordingly. (2) A copy of every such resolution shall be published in the Gazette and in two newspapers, if any, circulating in the State. Power to remove water-courses or waterworks from the provisions of the Act. 17. (1) With respect to any watercourse the National Assembly may, and with respect to any waterworks the Board may, by resolution declare that the provisions of this Act, other than section 3, shall cease to apply to that watercourse or waterworks, as the case may be, and thereupon the said provisions shall cease to apply accordingly. (2) A copy of every such resolution shall be published in the Gazette and in two newspapers, if any, circulating in the State. Power to declare area to be a watershed. 18. For the purposes of this Act, where in the opinion of the Minister the drainage of water from any area flows or is conveyed to a watercourse or water-works the Minister may, by Order, declare that area or any part of that area to be a watershed. 10 CAP. 11.06 Watercourses and Waterworks Act Revision Date: 31 Dec 2002 LAWS OF SAINT CHRISTOPHER AND NEVIS Compensation. 19. Compensation shall be payable in any case where actual damage or injury is occasioned to any property by any act or thing done in the execution of this Act or any regulations made thereunder and, in the event of any dispute arising as to the amount payable, the amount claimed shall be deemed to be a civil debt and may be recovered by suit before a Court of competent jurisdiction. Offences. 20. (1) Every person who— (a) bathes in any watercourse or any part of the waterworks; (b) drives or permits or suffers any animal to be driven into or to enter into any watercourse or into any waterworks; (c) washes in or throws into or causes or suffers to be washed in or thrown into any watercourse or waterworks any animal or the carcass or part of the carcass of any dead animal; (d) puts or throws or causes or suffers to be put or thrown into any watercourse or waterworks any rubbish, dirt or filth, or any foul or offensive or obnoxious matter, whether solid or liquid; (e) washes or cleanses or suffers or causes to be washed or cleansed in any watercourse or waterworks any cloth, wool, leather or skin of any animal or any clothes; (f) causes or suffers the water from any sink, privy, sewer, drain, engine or boiler or any foul or filthy water being and lying upon any land or premises, which is under his or her management and control or under the management and control of his or her servants or agents, to run or flow into any watercourse or waterworks; (g) does or commits any other act or thing whereby any water flowing to or from any watercourse or waterworks is fouled or polluted or the flow thereof impeded or interrupted or the water improperly abstracted or wasted; (h) without the consent of the Board, diverts or takes the water supplying or flowing into any waterworks; (i) without the consent of the Board, constructs, alters or extends the service in his or her premises or connects any tap on his or her premises with the distributory pipes of the waterworks; (j) without the consent of the Board, does any act whereby the water from any watercourse or waterworks is drawn off or diminished in quantity or wasted; (k) wilfully moves, breaks or injures any lock, cock, valve tap, pipe or other appliance forming part of or used in connection with the waterworks; or (l) without lawful excuse, removes or tampers with any meter, gauge or measuring instrument, or any level mark or other appliance; commits an offence. (2) In proving interference with the due flow of water from the waterworks or of any watercourse or the pollution thereof, evidence may be given of repeated acts Watercourses and Waterworks Act CAP. 11.06 11 Revision Date: 31 Dec 2002 LAWS OF SAINT CHRISTOPHER AND NEVIS which together caused such interference or pollution, although each act taken by itself may not be sufficient for that purpose. Selling water an offence. 21. If any person whose premises are supplied with water by the Board sells to any other person any such water he or she commits an offence against this Act. Neglect to give notice of want of repair an offence. 22. Any person whose premises are supplied with water by the Board who suffers any stop-cock, pipe or other waterworks on his or her premises to be out of repair, without giving notice to the Board, so that the water supplied to him or her shall be wasted, commits an offence. Resisting or obstructing Board, etc., an offence. 23. Any person who resists, obstructs, molests or assaults, or who assists any person in resisting, obstructing, molesting or assaulting any member of the Board or any officer or servant thereof acting under the provisions of this Act or any regulations made thereunder, commits an offence. Penalty for offence. 24. Any person who commits an offence against this Act shall be liable, on summary conviction, to a penalty not exceeding six months imprisonment or a fine of five hundred dollars and, in the case of a continuing offence, he or she shall be liable to a further penalty not exceeding fifty dollars a day for every day during which the offence continues. (Amended by Act 9 of 1986) Proceedings to be laid in name of secretary. 25. Every proceeding instituted under this Act or any regulations made thereunder shall be taken in the name and at the instance of the secretary of the Board. Rates and charges how recoverable. 26. All rates and other charges payable under the provisions of this Act or of any regulations made thereunder may be recovered by the Board by suit before a Court of competent jurisdiction. 12 CAP. 11.06 Watercourses and Waterworks Act Revision Date: 31 Dec 2002 LAWS OF SAINT CHRISTOPHER AND NEVIS FIRST SCHEDULE (Section 10) THE WATERCOURSES AND WATERWORKS REGULATIONS Short title. 1. These Regulations may be cited as the Watercourses and Waterworks Regulations. Interpretation. 2. In these Regulations unless the context otherwise requires— “consumer” means the owner, lessee or occupier of any premises, the receiver, attorney, agent, manager, guardian, or committee of such owner, lessee or occupier, or any other person in charge or having the control or possession of any premises in the right of the owner, or having possession in his own right or in that of his wife or any other person; (Inserted by S.R.O. 21/1975) “Minister” means the Minister charged with responsibility for water; (Inserted by S.R.O. 21/1975) “owner” includes the owner, or lessee of any premises, and the attorney, agent, or manager, of any such owner or lessee. (Inserted by S.R.O. 21/1975) Application for a Supply of Water. 3. (1) The Board when requested by application made in writing in one of the forms set out in the Schedule hereto may agree to supply water to a consumer for domestic purposes or any other purpose in accordance with the Watercourses and Waterworks Act. (2) The Board shall notify the applicant of the result of his or her application. (3) An appeal shall lie to the Minister from any decision of the Board refusing to grant an application under sub-regulation (1). (Substituted by S.R.O. 21/1975) Connecting Water Service. 4. (1) On the application being approved the Board shall connect the water service to the premises or permit the same to be connected under its supervision. (2) The water service shall not be connected to any urinal, water closet, or other similar sanitary apparatus except through a cistern and in accordance with such directions as may be given by the Board. (3) Every water service discharging water into any bath, sink or other similar receptacle shall be so placed as to discharge above the top water level. (4) Every cistern or tank which is connected to a water service and is used for storing a supply of water from the waterworks shall be maintained clean and watertight and fitted with a proper cover, and the cover shall be fitted with an inspection plate and the water inlet shall be provided with a suitable and effective ball valve. Watercourses and Waterworks Act CAP. 11.06 13 Revision Date: 31 Dec 2002 LAWS OF SAINT CHRISTOPHER AND NEVIS (5) The water service shall not be connected to any premises unless the Board is first satisfied that surplus water may easily be drained from such premises. (6) No new water service shall be turned on, on any premises on which there is no meter installed until the water rate payable on account of such water service shall have been first paid. Maintenance of Water Service. 5. (1) The Board may, from time to time, effect repairs to the water service in any premises whenever they shall think necessary or at the request of the owner thereof who may be required first to deposit the estimated cost of such repair. (2) No alteration or addition to any water service shall be made without the consent of the Board or without the execution thereof being subject to their inspection or control. Cost of Connecting, Repairing, etc. Water Service. 6. Where a water service is connected, repaired, altered or extended by the Board the cost shall include the following— (a) the cost of all materials used (except meters) increased by 33 1/3 per centum; (b) the cost of labour; (c) any expenses incurred in carrying out the work including the cost of repairing any part of any street or road broken open for the purpose. Cost to be Recovered from Owner. 7. (1) The cost of connecting, repairing, altering or extending a water service to any premises shall be recovered from the owner of the premises. (2) The owner shall, on being notified of the amount due, pay the same into the office of the Water Engineer or at such other place as the Minister may appoint. (3) The Board shall have power to fix a time for the payment of the amount due by any person and to extend such time or to permit payment being made by instalments. Domestic Supply. 8. The size of pipe to be used for conveying a domestic supply of water, unless the Board otherwise directs, shall be of half inch internal diameter. Water Meters. 9. (1) The Board shall have the right to require that any water supply connected to the distribution main shall be metered and all meters shall be provided by and be under the sole control of the Board who shall determine the position of the meters and have access thereto at all times. (2) The meter shall remain the property of the Board and shall be fitted to a separate and distinct inlet leading direct from the distribution main into the premises. (3) Whenever any question shall arise as to the accuracy of any meter the person complaining may on depositing the sum of $10.00 with the Board require the meter to be tested and subsequent charges shall be based on the result of the test. 14 CAP. 11.06 Watercourses and Waterworks Act Revision Date: 31 Dec 2002 LAWS OF SAINT CHRISTOPHER AND NEVIS (4) A meter shall be deemed to be correct if its error does not exceed three per cent. (5) Meters shall be tested by or on behalf of the Board and the result of the test shall be binding both on the Board and on the person complaining and the quantity of water indicated by the meter as consumed since the immediately preceding reading shall be corrected according to the result of the test. (6) In the event of a test being made in accordance with the provisions of this regulation, if the meter be found to indicate correctly within 3 per cent, then the charge payable for testing the meter shall be paid to the Board by the person complaining: Provided that the Board may remit such charge in any case for just cause. (7) If the meter is found to be out of order the amount of the deposit shall be returned to the person complaining. (8) If a meter is found to be out of order or if it be removed for repairs the consumption for the time during which the service was without a meter shall be calculated according to the average daily rate of consumption that obtained preceding the removal of the meter during the period between successive readings whilst the meter was in good order or if the foregoing is not possible the consumption of water shall be assessed according to the average daily rate of consumption as indicated by a new meter or by the reinstated meter, as the case may be, during the period of one month from the date of the fixing of a new meter or the re-fixing of the old meter: Provided that in no case shall the amount payable be less than the minimum charge. (9) Any member of the Board or any officer, employee or person authorised by the Board shall be at liberty to enter any premises where a meter is installed at all reasonable times for the purpose of reading, checking or inspecting the Meter. (10) The size of a service pipe for the purpose of determining the water service rate payable in respect of any premises shall be taken as the size of the pipe at the discharging cock or valve. (11) In addition to the water service rate payable in respect of any premises, the Board shall charge a rental of $7.20 per annum in respect of any meter installed by the Board on any premises, which rental shall be payable in equal monthly instalments together with the water service rate under regulation 12. Materials, Fittings, etc. 10. All pipes, tubes, cocks, valves, fittings and other materials to be used in connecting or extending a water service may be provided by the Board or may be approved by the Board. Appointment of Assessors. 11. The Board may, in the absence of an assessed rental value for the purposes of the Property Tax Act, Cap. 20.32 or any Act amending or substituted for the same, appoint such persons as they think fit to assess the rental values of any premises supplied with water from the Waterworks. Payment of Water Rates. 12. (1) The water service rate due to the Board for water supplied shall be due and payable on demand. Watercourses and Waterworks Act CAP. 11.06 15 Revision Date: 31 Dec 2002 LAWS OF SAINT CHRISTOPHER AND NEVIS (2) The amount due and demanded for water supplied shall be paid by and be recoverable from the person requiring, receiving or using the water supplied by the Board. Discontinuance of Water Supply. 13. (1) Without prejudice to the payment of water rates the Board may regulate or suspend the supply of water to any premises in the event of drought or to enable an examination of any water service or of any part of the waterworks to be made or any repairs or alterations to any water service or waterworks or any other work necessary for the maintenance of the water supply to be effected. (2) The Board may, without prejudice to any other right or remedy of the Board in any of the circumstances mentioned hereunder, cut off or disconnect the supply of water to any premises— (a) where the water rate in respect of the premises has remained unpaid for seven days after the same has become payable under these Regulations; (b) where there has been undue waste or improper use of the water. (3) Where the Board supplies water to two or more premises owned or occupied by the same person and the water rate payable by such person in respect of any of those premises has remained unpaid for seven days after the date fixed for payment thereof, the Board may, if the Board shall think fit so to do, without prejudice to any other right or remedy of the Board, cut off or disconnect the supply of water to all or any of those premises until such sum together with all expenses incurred by the Board shall have been paid. (4) When the supply of water to any premises is disconnected for default in the payment of water rate such service may be reconnected on payment by or on behalf of the defaulting party of the arrears of water rate due and in addition of an additional fee of $20.00. Control of Stand Pipes. 14. (1) No person shall allow water from any stand pipe to flow— (a) into any vessel which is at the time overflowing; or (b) into any vessel which at the time, is unable to retain its contents. (2) No person shall turn on the tap or cock of any stand pipe and allow the water flowing therefrom to go to waste. (3) No person shall bathe, or wash any clothes or wash any child, animal or vehicle at or near any stand pipe. Protection of Watercourses. 15. The Board may— (a) authorise any employee of the Board to cut, fell or burn any tree or underwood whatever growing or that shall grow within a distance of thirty feet of any watercourse; (b) prohibit within the distance aforesaid the cultivation of any land or the depasturing or grazing of any livestock. 16 CAP. 11.06 Watercourses and Waterworks Act Revision Date: 31 Dec 2002 LAWS OF SAINT CHRISTOPHER AND NEVIS Offences and Penalties. 16. Every person who contravenes any of these Regulations commits an offence and shall be liable, on summary conviction, to a fine not exceeding three hundred dollars or imprisonment for a term not exceeding six months. (Amended by Act 9 of 1986) SCHEDULE TO THE REGULATIONS (Regulation 3) (Schedule substituted by S.R.O. 21/1975) FORM 1 SAINT CHRISTOPHER AND NEVIS WATER DEPARTMENT WATERCOURSES AND WATERWORKS ACT CHAPTER 11.06 Application for Water to be supplied to Premises where the applicant is the owner. No. Date Received District In accordance with the Watercourses and Waterworks Act, Chapter 11.06 and the regulations made thereunder, I hereby apply for the premises described hereunder of which I am the owner to be connected to and supplied with water from the Waterworks. I agree to pay all charges and costs payable under the Watercourses and Waterworks Act or the regulations made thereunder. 1. Full name of Applicant……………………………………………………………. (Block Capitals) 2. Postal address of Applicant……………………………………………………….. 3. Description and number (if any) of premises concerned …………………………. 4. Purpose for which the water is required ………………………………………….. (whether domestic or non-domestic) Signature of Applicant …………………………………………………… Date ………………………………… Watercourses and Waterworks Act CAP. 11.06 17 Revision Date: 31 Dec 2002 LAWS OF SAINT CHRISTOPHER AND NEVIS Space below for office use only. APPROVED: Signature …………………………………………………… Date ……………………………………………… 20 ……… CONFIRMED...……………………………... Account Rendered CONNECTION MADE....……….................. SIZE OF CONNECTION....………............... SIZE OF MAIN....………............................... Meter Size............ Meter No. ............ .............. $ ¢ FORM 2 SAINT CHRISTOPHER AND NEVIS WATER DEPARTMENT WATERCOURSES AND WATERWORKS ACT Chapter 11.06 Application for Water to be supplied to Premises where the applicant is not the owner. No. Date Received District In accordance with the Watercourses and Waterworks Act Chapter 11.06 and the regulations made thereunder, I hereby make application for the premises described hereunder of which I am not the owner to be connected to and supplied with water from the Waterworks. I agree to pay all charges and costs payable under the Watercourses and Waterworks Act, Cap. 11.06 or the regulations made thereunder. 1. Full name of Applicant (Block Capitals) ………………………………………… 2. Postal address of Applicant …....…………………………………………………. 3. Description and number (if any) of premises concerned …....…………………… 4. Purpose for which the water is required …....…………………………………….. (whether domestic or non-domestic) Signature of Applicant ……………………………………………… Date ……………………………… The following Certificate must be signed by the owner of the premises concerned. 18 CAP. 11.06 Watercourses and Waterworks Act Revision Date: 31 Dec 2002 LAWS OF SAINT CHRISTOPHER AND NEVIS CERTIFICATE I certify that I am the owner of the premises referred to in the above mentioned application and agree that the premises should be supplied with water from the Waterworks as from ……………….. Signature of Owner …………………………………………………………….. Address ……………………………………………………………………………………... Space below for office use only. APPROVED: Signature ............................................................................... Date ..................................................................... 20 .............. CONFIRMED ............................................... WATER SUPPLIED FROM.......................... Meter size ......... Meter No. ........ ......... Account Rendered $ ¢ ’’ SECOND SCHEDULE (Section 12(6)) WATER SERVICE RATES Short title. 1. These rates may be cited as the Water Service Rates. Water Service Rates. 2. (1) The Water Service rates payable on premises within the distribution area shall, with effect from the first day of May 1976, in respect of a domestic supply or a non-domestic supply as respectively defined in the Watercourses and Waterworks Act, Cap. 11.06, with the exception of the special rate mentioned in sub-paragraph (3) of these rates shall be as provided in paragraphs (2), (3) and (4). Watercourses and Waterworks Act CAP. 11.06 19 Revision Date: 31 Dec 2002 LAWS OF SAINT CHRISTOPHER AND NEVIS (2) Where a water meter is installed $ ¢ (a) Domestic Supply (i) to any dwelling house or church for use for domestic purposes only, for every 100 gallons or part thereof of the first 5,000 gallons per meter used in each month .09 for every 100 gallons or part thereof in excess of 5,000 gallons but not exceeding 7,000 gallons per meter used in each month .13 for every 100 gallons or part thereof in excess of 7,000 gallons but not exceeding 8,000 gallons per meter used in each month .15 for every 100 gallons or part thereof in excess of 8,000 gallons per meter used in each month .18 in no case shall the sum payable in respect of any period of one month or part thereof be less than 2.25 (ii) to any school house, office, store, shop or building other than a dwelling house or church for use for domestic purposes only the same rate as for a non domestic supply as levied by sub paragraph (2)(b) below (b) Non Domestic Supply 15 cents per 100 gallons or part thereof (flat) per meter used each month (3) Where no water meter is installed (a) Domestic Supply (i) to any dwelling house or church for use for domestic purposes only, 56 cents on every $4.80 of the annual assessed rental 20 CAP. 11.06 Watercourses and Waterworks Act Revision Date: 31 Dec 2002 LAWS OF SAINT CHRISTOPHER AND NEVIS value of the premises: Provided that in no case shall the sum payable be less than $2.25 in respect of any one month or part thereof (ii) to any school house, office, store, shop or building other than a dwelling house or church for use for domestic purposes only the same rate as for a non domestic supply as levied by sub paragraph 3(b) below (b) Non domestic Supply 90 cents on every $4.80 of the annual assessed rental value of the premises but in no case shall the sum payable be less than $2.62 in respect of any one month or part of a month (4) Supply of water at special rates Such rate as may be agreed by the Board and approved by the Minister responsible for the subject of water supplies. Definition of Rental Value. 3. For the purposes of these rates rental value shall be assessed according to the Property Tax Act, Cap. 20.32 or any Act amending or substituted for the same.