Sierra Leone Water Company Act, 2001 (No. 6 of 2001)

ACT Supplefnent to the Sierra Leone Gazette Vol. exXXII, No. 41 dated 23,.d August, 2001 THE SIERRA LEONE WATER COMPANY ACf, 2001 ARRANGEMENT OF SECTIONS Section No PART I-PRELIMINARY 1. Commencement. 2. Interpretation. PART II-INCORPORATION OF SIERRA LEONE WATER COMPANY 3. Establishment and incorporation of Company. 4. Common Seal. 5. Board of Directors. 6. Tenure of office of members of Board. 7. Proceedings of Board not invalidated. 8. Irnmunitv of members of Board. '" 9. Meetings of Board. 10. Committees. 11. Standing orders. J:2. Disclosure of interest. PART III-OBJEC'llVES, FUNCTIONS AND DUTIES OF COMPANY 13. Objectives and functions of Company. 14. Powers of Company. 15. Power to delegate. ]6. Power to give directions on policy. ] 7. Minister may obtain information on assets, elc:~:~Comp-any. PART IV -EMPLOYEES OF COMPANY J8. Appointment and control of employees of Company. 19. Duties of Managing Director. 20. Appointment of Secretary.' 21. Board to issue guidelines. It Section No PART V-SUPERANNUATION, PENSIONS AND GRATUITIES 22. Superannuation, pensions, etc. PART VI-ADMINISTRATIVE PROVISIONS 23, Company to establish and maintain departments, etc. 24, Transfer of responsibility for water supply, etc. to Company. 25. Transfer of water works and water services in other areas. 26, Existing contracts and pending proceedings. PART VII-RNANCE 27, Funds and resources of Company. 28. Application of revenue. 29, Investment of funds. 30. Borrowing powers of Company. 31. Government to guarantee loans to Company. 32. Advance account for working capital. PART VIII-ACCOUNTS, AUDIT AND ANNUAL REPORTS 33, Company to maintain proper accounts. 34. Audit of Company's accounts etc. 35. Annual report. 36. Power to write off bad debts. PART IX-POWERS AND PROCEDURE IN RESPECT OF WATER RATES AND CHARGES 37. Vv'ater rates and charges. 38. Directive principles of rating policy, etc 39. Directive principles not justiciable. 40. Company to levy rates. 41. Power to exempt from payment of water n,:;~. etc. 42. Liability for water charges. 1 ." Section No 43. Recovery of water charges. 44. Absentee owner or occupier to appoint agent for payment of charges. 45. Service to premises. 46. Continuity of supply of water. 47. Bulk supplies. 48. Power to enter premises. 49. Compensation for damage, etc. SO. Charges for abstration of water PART X-OFFENCES 11l 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. Injury, diversion or pollution. Misuse or wastage of water..... Alteration of pipes or fittings. Fraudulent measurement, etc. Use of water otherwise than for purpose supplied. Prohibition of sale of water. Trespass. Trespass by animals. Supply of water to ships. Bathing or washing in waterworks, etc. PART XI-REGULATIONS 61. Regulations. PART XII-MISCELLANEOUS 62. Acquisition of land. 63. Notice of action. 64. Service of documents. 65. Restriction on execution against the property of Company. 66. Representation of Company at proceedings. 67. Technical services. 68. Exemption from stamp duty. 69. Waterworks excluded from rates. 70. Use of water by fire authorities. SJG:'\:ED this 31sf day or July, 2001.., . ALHAJI AHrvtAD TEJAN KABBAH, President. No.6 2001 The Sierra Leone Water Company Act, 2001. Being an Act to incorporate the Sierra Leone Water Company, to provide for the supply of water in specified areas and for other related matters. Short title. I Date of com J mencement. Enacted bv the President and Members of Parliament in this '" present Parliament assembled. ,.,- No•.6 The Sierra Leone Water Company Act PART I-PRELIMINARY 2001 Commence ment. Interpretation. 1. This Act shall come into operation on a date to be fixed by the Minister bv statutorv instrument. " . 2. In this Act unless the context otherwise requires "catchment area" means any area of land or water from which watercontributes to the supply ofanywaterwork and the demarcation of which has been agred between the Company and the relevant local authority; "Chairman" means the chairman of the Board and includes an acting chairman; "financial year" means a period of twelve months corresponding with the Government's financial year; "fire authority" means a fire authority constituted by law in respect of any specified area; "local authority" means the local authority in whose area of authority the Company is seeking to acquire or acquires land; "ruams' includes a pipe transferred to or laid by the Company for the purpose of giving a general supply of water as distinct from supply to individuals, and any apparatus used in connection with such pipe; "occupier" includes the person in occupation of a part ofor the whole premises but does not include a lodger; "owner" includes the holder of any premises direct from the State whether under licence or otherwise, or the immediate landlord of any premises; "premises" includes messuages, buildings, lands, easements and hereditaments of any tenure, whether open or enclosed, public or private; No.6 The Sierra Leone Water Company Act 2001 3-----------------------or "public fountain" means any fountain, tap, standpipe, valve or any apparatus used or intended to be used for or in connection with the supply of water to the public from any waterworks; "Minister" means the minister responsible for water resources; "service pipe" means any pipe, valve, cistern or other apparatus by or through which water flows at: is intended to flow from any mains or which is or may be used for the purpose ofsupplying water toany premises; "specified area" includes Bo Town, Kenema Town, Koidu Town, MakeniTown, Yengema Town, Lungi and any other area declared as such under section 25; "street" includes a highway, public bridge, road, land, footway, alley, passage or other thoroughfare or open space over which thepublic have a right of passage; "Vesting Day" means such day as the Minister shall, by statutory instrument fix for the vesting in the Company of all waterworks and undertakings in respect of water supply services in Bo Town, Kenema Town, Koidu Town, Makeni Town, Yengema Town and Lungi; "water rates and charges" means the rates and charges which the Company is authorised to levy and demand for the supply of water; "waterworks" includes reservoirs, dams, tanks, cisterns, tunnels, treatment plants, conduits, aqueducts, mains, pipes, fountains, valves, pumps, engines and all structures or appliances used or constructed for the storage, conveyance, supply, measurement or regulation of water, which are vested in the Company or which are acquired, used or constructed by or on behalf of the Company. 4 No.6 The Sierra Leone Water Company Act PART II-INCORPORATION OF SIERRA LEONE WATER COMPANY 2001 Establishment and incorporation of Company. 3. (1) There is hereby established a body to be known as the Sierra Leone Water Company (hereafter referred to as "the Company"). (2) The Company shall be a body corporate having perpetual succession with power to acquire, hold and dispose of movable or immovable property, to enter into contracts, to sue and be sued in its corporate name and to do all things which a body corporate can do. (3) The Company may transact business in all respects in the same manner as a private individual. Common seal. 4. (1) The Company shall have a common seal, the affixing of which shall be authenticated by the signature of the Chairman or any two of its other members authorised bv resolution of the Board to act " in that behalf. (2) Every document purporting to bean instrument issued by the Company and to be sealed with the seal of the Company, and authenticated in the manner prescribed by this section shall bereceived in evidence and be deemed to be such instrument without further proof unless the contrary is shown. (3) In appropriate cases the seal may be affixed to documents outside Sierra Leone. (4) The common seal of the Company shall be kept in the custody of the Secretary of the Company. Board of Directors. 5. (1) The Company shall have a Board of Directors (hereafter referred to as "the Board") which shall consist of {a) a Chairman; (b) the Financial Secretary or his representative; (c) the Permanent Secretary, Ministry of Energy and Power or his representative; (d) a representative of the Institute of Engineers; (e) a representative of the Chamber ofCommerce, Industry and Agriculture;I No.6 The Sierra Leone Waler Company Act 2001 5 I I (f) four members representing consumer interests; and (g) the Director-General appointed under section 18. (2) Members of the Board shall be appointed by the President with the approval of Parliament. 6. (1) The Chairman and other members of the Board other Tenure of than the ex-officio members shall hold office for a period of two years ~~~~:s of and shall be eligible for re-appointment for another term of two years Board. only. (2) Members of the Board except the Director-General shall be entitled to such allowances as the Minister may, after consulting the Minister for finance determine. (3) A person shall cease to be a member of the Board if after his appointment he (a) is employed by the Company; (b) becomes bankrupt; (c) becomes unsound of mind; (d) fails to attend three consecutive meetings of the Board without reasonable cause as recognised by the Board; or (e) resigns his office by written notice to the Minister. (4) Where the Chairman is absent or is for good reason temporarily unable to perform his functions, the Board shall appoint one of its members to act as chairman. 6 No.6 The Sierra Leone Water Company Act 2001 Proceedings of Board not invalidated. Immunity of members of Board. Meetings of Board. (5) The Board may co-opt any person to act as adviser on any matter being deliberated up m by it but such person shall not Vote on any issue for decision by the Board. 7. The validity of any act or proceedings of the Board shall not be questioned by reason of (a) any vacancy in the membership of or any defect m the appointment ofa member thereof; or (b) anyomission, defect or irregularity notaffecting the meri t of the matter concerning the act or proceedings. 8. No member of the Board shall be personally liable for any debtor obligation of the Company. 9. (1) The Board shall meet for the despatch of its business at least once every month at such times and places as the Chairman may determine. (2) A majority of the members of the Board may by notice in writing signed by them or by resolution, request the Chairman to summon a special meeting of the Board for such purposes as may be stated in the notice (3) The Chairman shall summon a special meeting within five days of receipt of such notice or resolution. (4) The Chairman, or in his absence or inability to act, the person appointed to act as chairman, shall preside at every meeting of the Board. (5) The quorum at any meeting of the Board shall be five members including one of the members representing consumer interests. (6) Any question which fails to be determined by the Board at any of its meetings shall be decided by a majority of the votes of the members present and voting. Except that the Director-General shall not vote on any matter for decision by the Board. No.6 The Sierra Leone Water Company Act 2001 7 (7) The Chairman or acting Chairman shall, in addition to his deliberating vote, have a casting vote where there is an equality of votes. (8) Minutes of proceedings at every meeting of the Board shall be kept in proper form and shall be signed by the Chairman in the presence of the members of the Board. 10. (I) The Board may by resolution appoint one or IDQre Committees. committees to perform such functions as the Board may determine. (2) A committee shall submit minutes of its proceedings to the Board at the next meeting of the Board following the meeting of the committee to which the minutes relate. 11. Subject to this Act, the Board may make standing orders regulating (a) the holding 01 meetings, the notice to be given for such meetings and the proceedings at such meetings; (b) the keeping of minutes of meetings and the custody, production and inspection of such minutes; (c) the custody and use of the common seal ~ and (d) the manner in which cheques shall be issued on behalf of the Company. Standing orders. 12. Where a member of the Board has any direct or indirect ~isclosure of . . h . h hi h h C InterestInterest III any at er company or concern Wit w IC t e ompany proposes to make any contract or has any interest in such contract, he shall disclose to the Board the fact of such interest and the nature thereof, and the disclosure shall be recorded in the minutes of the Board and the member shall not take part in any deliberation or decision of the Board relating to the contract. 8 No.6 The Sierra Leone Water Company Act PART III-OBJECTIVES, FUNCTIONS AND DUTIES OF CO~1PANY 2001 Objectives and functions of Company. Powers of Company 13. (1) The Company shall develop and 'operate in every specified area, satisfactory water services at reasonable cost and on a self-supporting basis without adversely affecting the environment. (2) Without prejudice to the generality of subsection (1), the Company sball \d} take over responsibility for the control, developmentand management of water supply services in every specified area; (b) take over responsibility for the control and management of all waterworks as may be vested in the Company; (c) develop such existing waterworks as it may consider necessary so as to meet the needs of consumers; (d) ensure that water is supplied to consumers in potable quality; (e) organize and conduct research on the suppl y and consumption of water and matters relating thereto; and (D do all things necessary for, connected with or incidental to the functions set out in this section. 14. The Company may, for the purpose of carrying out its functions under this Act (a) construct, reconstruct, rehabilitate, repair, and maintain waterworks, buildmgs and structures and operate waterworks as may be vested in the Company; \s '~ ~l j ~ No,6 The Sierra Leone Water Company Act 2001 9 (b) abstract water from any lake, river, stream or natural source as may be permissible under the provisions of this or any other law; (c) examine any surface or underground waters for the purpose of determining whether such waters are polluted and the causes thereof in accordance with the provisions of any law in that behalf; (d) construct public fountains in any street or other public place; (e) install any water pipe into, through, across or under any street, land or place after giving reasonable notice in writing to the owner or occupier thereof; (f) enter into contracts including contracts for (i) the design, construction, extension or modification of waterworks; (ii) the design, construction, manufacture, supply, maintenance or repair ofany of its properties; (iii) the supply of materials required by the Company; (g) enter into arrangements for the supply, distribution or sale of water; (h) acquire, hold, construct or maintain any property and sell, dispose of or otherwise deal with such property or any part thereof; (i) provide training and research facilities for its employees; 10 No.6 The Sierra Leone Water Company Act 2001 Power to delegate. Minister to give directions on policy. Minister may obtain information on assets, etc of Company A ppointrnent and control of employees of Company U) make, draw, accept or endorse, negotiable instruments ~ (k) accept, acquire, or hold any securities in any form and exercise any power, right or privilege in respect thereof; (1) procure insurance against any loss or damage to its properties or other assets; (m) set up in any specified area a local bodywhose composition, duties, functions, and powers shall be such as the Company shall determine. 15. The Company may delegate to any of its employees, committees or local bodies authority to carry out on its behalf such duties and to exercise such powers as the Company may determine. 16. The Minister may, after consultation with the Board give general directions as to the policy to be followed by the Company in the performance of its functions, in order to ensure conformity of its policy with that of the Government in respect of the supply and distribution of water, and the Company shall give effect to such directions. 17. The Company shall, if so required by the Minister provide him with information relating to its assets and liabilities, and shall furnish him with returns, accounts, minutes of meetings and other information relating thereto and afford him facilities for the verification of information furnished in such manner and at such times as he may reqUIre. PART IV -EMPLOYEES OF COMPANY 18. (1) The Company shall employ a person to be designated the "Director-General", and such other persons including the Secretary referred to in section 20, on such terms and conditions as the Board considers necessary or appropriate for the efficient performance of the functions of the Company. No.6 The Sierra Leone Water Company Act ZOO1 11 (2) Subject to the direction of the Board, the otheremployees of the Company shall be under the administrative control of the Director-General. 19. The Director-General who shall be a person with relevant Duties of managerial experience and proven ability, shall be the chief executive DiQe'rectal°r ner officer of the Company and shall be responsible for the execution of the policy of the Company and the transaction of its day-to-day business. 20. (1) The Company shall employ a person to be designated Appointment "the Secretary" to the Company. of Secretary (2) The Secretary shall record minutes of meetings of the Board and shall perform such other duties as the Director-General may assign him. 21. The Board may, with the approval of the Minister, issue guidelines to the Company with respect to the promotion, transfer and dismissal of, and the exercise of disciplinary control over its employees. PART V-SUPERANNUATION, PENSIONS AND GRATUITIES Board to issue guidelines. 22. (1) The Company shall establish and maintain pensions, Pensions, . . id d h f ds as i id d . bl superannuationsuperannuation, provl ent an at er un s as It may canst er esira e t e c. for the payment of gratuities or other allowances to the members of the Board, employees or their dependants or legal representatives on the death, sickness, injury, superannuation, resignation, retirement or discharge of such employees. (2) The Board may (a) subject to the approval of the Minister, make rules providing for the payment of moneys out of the revenue of the Company to such funds and providing for the contribution of monies to such funds by employees of the Company; and (b) contract with an insurance company or other bodv for the maintenance of such funds ... 12 No.6 The Sierra Leone Water Company Act PART VI-ADMINISTRATIVE PROVISIONS 1001 Company to establish and maintain departments, etc. 23. (1) The Company may (a) establish and maintain such departments, divisions, sections, branches and field offices; (b) devise or adopt with or without modification, any forms and procedures; and (c) make such other administrative arrangements, as it may consider necessary or expedient for the efficient ~ petformance of its functions. ! i (2) Without prejudice to subsection (1), the Company shall establish the following departments (a) a technical department with responsibilities ~ for, inter alia, planning, surveys, preparing estimates for and construction of new works, research, development of techniques, engagement and liaison with consultants, collection of hydrological data, supervision of abstraction, treatment, operation and maintenance of water supplies; (b) an accounts department with responsibility for keeping the accounts of the Company, preparation of,the annual budget and statistics relating to finance, recommendation of rates for the supply of water, raising of funds, revenue collection and disbursements, investment of funds, insurance, and administration of the general policy relating to finance; (c) a general administration department responsible for matters relating to personnel, industrial and public relations, preparation of annual reports, property and legal matters. No.6 The Sierra Leone Waler Company Act 2001 13 24. (1) On the Vesting Day, the Minister shall transfer to the Transfe:c:>f. Companv responsibility for providing and maintaining water supply responsibility ~ , . . for water servi ces in all specified areas. supply, etc, to the Company. (2) On the Vesting Day, all wateIWorks and ali undertakings of and on behalf of the Government in respect of water supply service in any specified area shall be deemed to have been transferred to and shall without further assurance vest in and become the property of the Company. (3) For the purposes of subsection (2), the undertakings which shall be deemed to have been transferred to the Company shall include (a) all lands, works, plant and other property whether moveable or immoveable including books, documents and papers ~ (b) all rights, powers, easements, interests and privileges; and (C) all other real and personal property and assets held or used for or relating to the provision and maintenance of water supply services in the specified areas. (b) Subject to this Act, the Minister may by order-25. Transfer of water works (a) d 1 'f d and watera ec are an area a SpeCI led area; an services in other areas. after consultation with the Company, transfer to the Company the responsibility for the supply of water in the specified area with effect from the date specified in the order and on such terms and conditions as the Minister may determine. 26. (1) All deeds, bonds, agreements, instruments, debts, credits, Existing d ki ts ", . I be. th contractsanlicences and war ~g ar;angemen ..eXIstmg immediate y l~re e pending Vesting Day, affecung the unde~kings transferred under section 24 proceedings. shall have effect in favour or against the Company as if instead of the Government, department of Government or other authority, the Company had been named therein or had been party thereto. 4 No.6 The Sierra Leone Water Company Act 2001 Funds and resources of Company. Application of revenue. (2) Any proceeding or cause of action pending or existing immediately befare the Vesting Day by or against the Government, or undertakings or assets transferred under section 24 may be continued or enforced by or against the Company. (3) In this section, reference to a department of Government or other authority means such department or authority which immediately before the coming into operation of this Act was responsible for the provision, operation and maintenance of water supply services in Bo Town, Koidu Town, Makeni Town, and Yengema Town. PART VII - FINANCE 27. The funds and resources of the Company shall comprise (a) all monies, investment or other properties vested in the Company by section 24~ (b) such monies or other property as may from time to time be advanced by way of loan or grant to the Company: (c) all investments made by the Company and the income accruing from them or other property acquired by the Company; (d) charges and fees payable to the Company in accordance with this Act: and (e) all other monies and property to which the Company may become entitled. 28. (1 ) The revenue of the Company for any financial year shall be applied in defraying the following charges (a) the remuneration, fees and allowances of the members of the Board; (b) the salaries, remuneration, fees, allowances, pensions, gratuities and other benefits of the employees and technical or other advisers of the Board; (c) operating expenses and expenditure on management of the Company, its waterworks and other property, including provision for depreciation of assets; I I No.6 The Sierra Leone .Valer Company Act 2001 15 (d) 1 I i ~ <! t, 1 (e)! I i .~ (0 .~ 0..jj i., (g) ! f (h) repayment of the principal sums borrowed and sums required to be transferred to a sinking fund or otherwise set aside for the purpose of making provision for the redemption of stock or other securities or the repayment of other borrowed monies ~ interest on any loan raised by the Company; such sums as may be payable by the Company to any person or authority under the provisions of this Act or any other law; rates, taxes and other levies, payable by the Company under any law; and any other expenditure authorized by the Company and property chargeable to revenue account. (:2) The balance of the revenue of the Company for any financial year mil;' be applied to the creation of general or specific reserve funds to be used f()r n1<11 ntaining and improving the financial position of the Com pan) and for financing further developments. 29. An: funds or the Company not immediately required to be expended In meeting any obligation or the discharge of any functions 01 the Com pan) may be invested to the best advantage of the Company. Investment or funds. 30. (1) The Company may, for the purpose of performing its Borrowing functions and meeting its obligations under this Act, borrow money or eopowers of rnpany. raise capita! in any currency and from any source. . (2) The Company may charge its assets, undertakings and revenues with the repayment of any money borrowed together with interest thereon, and may issue bonds or other securities in order to secure repayment of any money so borrowed. 16 No.6· The Sierra Leone Water Company Act 2001 Government to guarantee loans to Company. Advance account for working capital. Company to maintain proper accounts. Audit of Company's. accounts etc. 31. The Government may guarantee in such manner and upon such tenus as it rna} think fit, the payment of the interest and principal, or either of them on any loan proposed to be raised by the. Company. 32. (1) The Company shall, after Vesting Day, in respect of monies other than grants advanced by the Government to provide working capital for the Company, create an advance account in favour of Government equivalent to the total amount of such advance. (2) The advance account referred to in subsection (1) shall be subject to such conditions as to interest and repayment as the Minister for finance may from time to time determine. PART VIII -ACCOUNTS, AUDIT AND ANNUAL REPORT 33. (1) The Company shall muintain proper accounts and records of rts transactions in a form approved by the Auditor-General. (2) The Company shall prepare an annual financial statement which shall include balance sheet accounts, income and expenditure accounts, source and application of funds and financial projections particularly on water rates. 34. (1) The accounts and financial statement of the Company referred to in section 33 shall, within a period of four months after the end of each financial year be audited by the Auditor-General or auditors appointed by the Auditor-General. (2) For the purpose of subsection (1), the Auditor-General, or the audi tors shall be enti tIed to have access to all books of accounts, vouchers and other financial records of the Company and to require such information and explanation thereon as they think fit. (3) The Company shall provide the auditors with all necessary and appropriate facilities for the examination of the accounts and records of the Company. (4) The Audi tor -General shall submi t to the Company a report on the audited accounts and the financial statement of the Company. P Jill No.' The Sierra Leone Water Company Act 17 (5) The Auditor-General shall, in this report draw attention to any irregularities in the accounts audited and to any other matter which in his opinion ought to be brought to the notice of the Company. 35. (1) The Company shall, within six months after the end of Annual report. the financial year submit to the Minister a report on the performance of its functions during that year and on its policies and programmes. (2) The annual report shall include the annual financial statement prepared under section 33 and the auditors' report thereon. 36. The Company may write off bad debts. PART IX- POWERS AND PROCEDURE IN RESPECT OF WATER RATES AND CHARGES. Power to write off had debts 3i. (1) The Company shall be entitled to levy and demand for Water rates and charges. the supply of water to consumers such water rates and charges as may . from time to time be determined by the Company. (~) The Company may fix different rates for different areas or dinerent classes of consumers. (3) Notwithstanding the provisions of subsection (2), the Company may enter into a special arrangement with any consumer for the supply of water to him on such terms as may be agreed. (4) Such agreement shall be made in cases where the rates in force are not appropriate owing l·~) special circumstances: but no undue preference shall be shown as between consumers similarly situated. (5) The water rates in force immediately before Vesting Day shall remain in force until revised or replaced by rates fixed in accordance with this section. 38. that The Company shall direct its rating policy towards ensuring D Ire c t i v e s • pr i nCIpies of rating policy. etc (a) water rates are levied generally in respect of premises and the assessed value thereof as and when practicable; 18 No. 6- The Sierra Leone Water Company Act ZOOt Directives principles not justiciable. Company to levy rates. (b) water is supplied to commercial concerns and such institutions as schools and hospitals by meter; (c) rates charged for water supplied to industrial and commercial concernsare higher than those chargedfordomesticsupplyin thesamelocality but such rates shall not be so high as to~' discourage the continuance of existing industrial and commercial concerns or the establishment of new ones in that area; (d) institutions such as schools and hospitals are charged special rates which shall not be higher than those charged for domestic supply in the same locality; (e) a percentage of profits realised annually from its operations is reinvested in the Company's -. business with a view to reducing and hammonizing water rates and charges. 39. (1) Section 38 shall not confer legal rights and shall not be enforceable in any court of law but the principles contained therein shall nevertheless be fundamental in thedetermination of theCompany's rating policy for water supply. (2) It shall be the duty of the Company to apply those " principles in the formulation of such policy and generally in the management of its affairs. 40. (1) The Company may, subject to the approval of the Board levy rates and demand charges as follows (a) a general water rate in respect of all premises which shall be a percentage of the assessed annual value of the premisesconcerned as may be determined by the Company; 192001 (b) a water supply charge in respect of premises which are supplied water by means of a service pipe; and (c) water supply charges in respect of all other facilities. The Sierra Leone Water Company ActNo.6 (2) For the purposes of paragraph (a) of subsection ( 1), "assessed annual value" means the value of the premises assessed from time to time for the purpose of levying a local authority rate and, where premises are not so assessed such sum as may be agreed between the Company and the owner of the premises or his representative, as representing the annual value of the premises or in default ofagreement, as may be determined by arbitration. 41. The Company may, subject to the approval of the Board- Power to exempt from (a) exempt from payment of a general water rate in payment of . . water rates respect of any premises or class of premises, t ' e~c. the owners or occupiers of those premises; (b) determine the time or times for payment of water charges; and (c) designate an officer to whom shall be made payments of water charges. 42. The owner of any premises in respect of which water charges Liability for are payable shall be liable for payment of the charges unless there is an water charges. agreement to the contrary between the owner of the premises and the occupier or between the Company and the occupier. 43. (1) If a person fails to pay any water charges for which he Recovery of is liable under this Act, the Company may, within twenty-eight days water charges after the charges became due and payable recover from that person such charges together with costs and other expenses in a court. (2) Any person who disputes the amount due in respect of water charges or his liability to pay these charges shall notify the Company in writing of such dispute within seven days of service of the first demand in respect of such charges, in default of which the demand shall, in the absence of evidence to the contrary be conclusive as to the amount due. 20 The Sierra Leone Water Company Act 2001 Absentee 44. (1) Any owner or occupier of premises in respectof which owner or waterchargesare payableby him shall, if he intends to be or is actually occupier to bse f S' Leo f '00 ceedi hs. arooiappoint agent a nt rom terra ne or a pen ex ing two mont s, appoint for payment of a person resident in Sierra Leone to be his agent for the receipt of charges, demands and for the payment of the charges. (2) The owner or occupier and his agent shall notify the Company in writing of the appointment, identity and address of the agent in Sierra Leone, and Qf all changes in the identity or address of that agent. (3) A person appointedan agent by virtueof subsection (I) shall be liable in all respects under this Act to the same extent as his principal during the period of his agency. Serviceto premises. Continuity of supply of water. 45. The Companymay, subject to this Act supply water through any service pipe to any premiseson application made by the owner or occupier of such premises. 46. (1) The Company shall, except for reasons of impracticability, maintain a continuous supply of water and at a reasonable pressure in all pipes which are used for supplying water otherwise than in bulk. (2) Notwithstanding subsection (1), the Company may (a) suspend or divert the supply of water for such periods as may be necessary for carrying out inspections, tests, repairs, and for the making of fresh connections; (b) suspend or discontinue the supply of water to any premises where there is a default in the payment of any water charges in respect of those premises or wherepayment of thecharges IS In arrears. (3) Subject to prior notice, the Company shall not be liable to paydamages orcompensationforany loss,damageor inconvenience occasioned to any consumer by reason of any suspension, diversion, discontinuance, failure or total or partial interruption of the supply of water howsoever caused, $P"" No.6 The Sierra Leone Water Company Act 21 47. The Company may supply water in bulk to individual Bulk: supplies. consumers on such terms and conditions as it may be determine. 48. The Company may, by its employees, enter any premises at Powe:r to enter any time between the hours of six o'clock in the morning and six premises. 0'clock in the afternoon or in case of emergency, at any time, for the purpose of (a) installing, examining, repairing or remo1mg any water pipe being the property of the Company; (b) inspecting and examining meters in order to ascertain the quantity of water consumed; (c) ascertaining whether there is any waste or misuse of water supplied by the Company to those premises; (d) ascertaining whether circumstances exist which would or do warrant the Company taking any action or executing any work under this Act; (e) disconnecting, suspending, di verting, withholding or stopping the supply of water to those premises as the Company may think necessary or proper and without prejudice to any liability of the owner or occupier thereof to pay any water charges under this Act; or (f) ascertaining whether there is or has been on or in connection with those premises any contravention of this Act or any regulations made under it. 49. (1) The Company shall be liable for making good any loss Compensation of or damage to consumers' pipes, fi ttings, appliances and other for damage etc. apparatus resulting from the misuse of such apparatus by an employee or agent of the Company and shall pay reasonable compensation for such damage or loss. No:6 The Sierra Leone Water Company Act 2001 Charges for abstraction of water. Injury, diversion, or pollution of catchment area Misuse or wastage of water. Alteration of pipes or fittings. (2) Where there is a dispute as to the amount of compensation payable, it shall be determined by a court within the locality where the damage or loss occurred. 50. Without prejudice to any enactment, the Company may levy such charges as the board may by statutory instrument prescribe, on any company or person who, in any specified area abstracts sater not supplied by the Company, for commercial purposes. PART X - OFFENCES 51. (1) No person shall (a) wilfully or negligently injure any waterworks or cause damage to the environment in the catchment area; (b) unlawfully divert or take water from any waterworks or from a catchment area; (c) pollute or cause risk of pollution to any water in any waterworks or catchment area. (2) Any person who contravenes any provision in subsection (1) commits an offence and is liable on conviction to a fine not exceeding LeI,OOO,OOO or to a term of imprisonment not exceeding twel ve months. 52. (l) No person shall wilfully or negligently misuse or waste any water passing into, through or near any premises, from any waterworks. (2) Any person who contravenes subsection (1) commits an offence and it liable on conviction to a fine not exceeding Le300,OOO or to a term of imprisonment not exceeding three months. 53. (1) No person shall, without the consent of the Company or contrary to any statutory instrument made under this Act alter or cause to be altered any pipe or apparatus through which water is supplied by the Company to any premises. "t; No.6 The Sierra Leone Water Company Act 2001 23 (2) Any person who contravenes subsection (0 commits an offence and is liable on conviction to a fine not exceeding Le5OO,000 or to a term of imprisonment not exceeding six months. 54. (l) No person shall alter or cause to be altered any pipe - Fraudulent measurements, etc. (a) with intent to avoid the accurate measurement or registration of water by means of any meter; (b) with intent to obtain a greater supply of water than he is entitled to and to avoid payment for it. (2) No person shall, with intent to avoid any payment for the supply of water interfere or cause to be interfered with, any pipe. (3) Any person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine not exceeding Le5CX),()(X) or to a term of imprisonment not exceeding six months. (4) Any pipe altered or pipe or meter interfered with may be repaired or replaced by the Company and the cost so incurred may be recovered against the person convicted in respect of such alteration or interference upon an order of the Court {n which the conviction was made as though such cost were a fine imposed by that Court. 55. ( 1) No person shall put water to use for purposes other than Use of water those for which water is supplied by the Company. otherwise than for purpose supplied (2.) Any person who contravenes subsection (I) commits an offence and is liable on conviction to a fine not exceeding Le300,()(X) or to a term of imprisonment not exceeding three months. 56. Any person who, without the consent of the Company, sells Prohibition of to any other person water supplied by the Company which exceeds ten sale of water. gallons commits an offence and is liable o~ conviction to a fine not exceeding Le200,CXXJ or to a term of imprisonment not exceeding three months. 24 No.6 The Sierra Leone Water Company Act ..~~ 1001 Trespass. Trespass by animals. Supply of water to ships Bathingor ~ washing in waterworks, etc. Regul ations. 57. Any person who trespasses on a catchment area or on any enclosed land appropriated or used for waterworks commits an offence and is liable on conviction to a fine not exceeding Lel00,(XX) or to a term of imprisonment not exceeding three months. ·58. (1) No person shall, without the consent of the Company fasten any animal to any structure or apparatus of the Company. (2) No person having custody or control of an animal shall allow that animal to wander on any pipe track or waterworks. (3) Any person who contravenes subsection (I) or (2) commits an offence and is liable on conviction to a fine not exceeding LelOO,OOO or to a term of imprisonment not exceeding three months. 59. (l) Except with the consent of the Company, no person shall supply water to any ship water supplied to that person by the Company. (2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding Le300,OOO or to a term of imprisonment not exceeding three months. (3) For the purposes of this section "ship" includes any ship, vessel, tug, lighter. 60. Any person who (a) washes or bathes in any part ofa waterworks or catchment area; (b) washes, throws, or causes to enter into an)' pan ofa waterworks orcatchmentarea, anyclothing or other matter or substance; or (c) interferes with any lock, cock, valve, sluice or manhole being part of a waterworks, commits an offence and is liable on conviction to a fine not exceeding LeSOO,CX)() or to a term of imprisonment not exceeding six months. PART XI-REGULATIONS 61. The Board may, after consulting the Minister, by statutory instrument make such regulations as are necessary for the implementation of this Act, and in particular, make regulations with respect to any of the following matters No.6 The Sierra Leone Water Company Act 2001 E 25 (f) (c) (h) (g) (d) (e) (a) fixing water rates and fees for any service rendered by the Company; (b) exemptions from any water rate for any premises or class of premises or any consumer or class of consumers; the amount to be paid in respect of water supplied to any Government institution or to anyother institution whether public or private; the amount of rent to be paid for meters; . r the method and manner in which water may be taken from 'public fountains; the charges to be paid for all pipes or fittings supplied, constructed or laid by the Company and the time and place for the payment of the charges; the construction, laying, fitting, and readjustment of pipes and other fittings and the nature, quality, size and patternthereof, and of meters used therewith; the forms of all notices required to be given or sent under this Act and the issuing and service thereof; (i) the control of boating on or fishing in any waterworks; (j) the prevention of 'the commission of any offence or nuisance in or about any of the stations, works, plants, buildings or premises of the company; (k) the prescription of penalties for offences against any regulations made under this section; (1) regulating the operation of the waterworks and the governance thereof and mai ntenance of good order thereon; (m) preserving and conserving sources of water in catchment areas; I "!, i 62. (1) The Company may acquire land for the purpose of this Act by private treaty or agreement or in any other lawful manner. (2) Where the Company is unable to acquire by private treaty or agreementthe leasehold of any land in the provinces required for the purposes of this Act, the Minister responsible for Internal Affairs may authorize any person to execute in the name and on behalf of the local authority, a lease to the Company on such terms and conditions as shall appear to the Minister to be fair and reasonable, of any land which it may so require and any such lease shall, notwithstanding that any consent or approval required by section 3 of the Provinces Land Act has not been obtained, be as effective for all purposes as if it were duly granted by the local authority. (3) All expenses and compensation payable in respect of land acquired by the Company under this section shall be paid by the Company. 63. (1) Where it is intended to institute legal proceedings against the Company, a written notice of that intention shall be served by the intending plaintiff or his agent upon the Company at least thirty days prior to the commencement of such proceedings. (2) The notice shall state the cause of action, the name and address of the intending plaintiff and the relief which he intends to claim. PART XII-MISCELLANEOUS 2001 (n) providing for conditions for the take-over of water services; (0) prescribing water service rules and plumbing codes. The Sierra Leone Water Company ActNo..6 Cap 122 Notice of action. Acquisition of land. 26 Service of documents. 64. Any notice, summons or other document required to be served on the Company in connection with any suit by or against the Company shall be served by delivering it to or sending it by registered post addressed to the Director-General or the Secretary. Restriction on 65. Where there is a judgement, decision or order against the ex~ution Company, no execution, attachment or process shall be issued against agamsrtt the!" th the Company until after three months from the date of such judgement, prope yo e .. Company. decision or order as the case may be. No.6 The Sierra Leone Water Company Act 2001 27 < 66. In any suit pending before a Court, the Company may be Representation represented at any stage of the proceedings by any of its employees or of Company at an agent duly authorized in writing in that behalf, by the Company. proceedings 67. The Company may provide technical services relating to Technical water supplies to any institution or department of Government on such services, terms and conditions as the Company may determine. 68. The Minister responsible for finance may direct that the Exemption "'. from stamp Company be exempted from the payment of any stamp duties under the duty. Stamp Duty Act. Cap 274 69. No waterworks vested in the Company or any property of the Waterworks Company shall be regarded as hereditament or tenements to be valued excluded from f . rates. or rating purposes under any law. 70. (1) Subject to subsection (2), nothing in this Act shall Use of water preclude any fire authority from abstracting water for the purpose of the by fire, , . Iff' f . bli f ' authorities.prevention or contra 0 Ire, rom any pipe, pu IC ountain or waterworks. (2) No fire authority shall abstract water for the purpose of testing fire-fighting equipment except with the consent of the Company, which consent shall not be unreasonably withheld. "' (3) No charge shall be made for water supplied by the company under subsections (1) and (2). PASSED in Parliament this 20th day of July. in the year of our Lord two thousand and one. J. A. CARPENTER, Clerk ofParliament. THIS PRIxrED IMPRESS10h has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correctly printed copy of the said Bill. 1. A. CARPENTER. Clerk of Parliament. PRL",TED AND PuBUSHED BY THE GOVER""'ME1'-T ~TING :DEPARTME~'T, SfERRA LEONE. GAZLiTE No, 41 OF 23RD AUGUST. 2001.