Water Industry (Infrastructure Charges) Order

Water Industry CHAPTER222 WATER INDUSTRY (INFRASTRUCTURE CHAKGES) OJ:lUEK ARRANGEMENT OF PARAGRAPHS 1. Short title. 2. Infrastructure charges. 3. Payment and recovery of infrastructure charges. 4. Application. 5. Effect of Order. 6. Commencement. THE SUBSIDIARY LAWS OF BELIZE SCHEDULE [ Printed by the Government Printer,] No. I Power Lane, Belmopan, by the authority of the Government of Belize. [CAP. 222 31 REVISED EDITION 2003 32 CAP. 222] Water Industry 42 of 2001. Ch. 185. Short title. Infrastructure charges. Payment and recovery of infrastructure charges. 1. CHAPTER222 WATER INDUSTRY (INFRASTRUCTURE CHARGES) ORDER (Section 15 5) [24th March, 2001.j This Order may be cited as the WATER INDUSTRY (INFRASTRUCTURE CHARGES) ORDER.1 2. The following one-time infrastructure charges shall be payable for each connection to the main system in areas which are not presently covered by the existing network of water supply and sewerage services: Water Infrastructure charge Sewerage infrastructure charge BZ$ 150.00 BZ$ 1,695.00 3. ( 1) The infrastructure charges specified in paragraph 2 above shall be payable by the owner of the property and may be paid in three monthly instalments, but if any instalment is not paid by the 15th day of any month, a penalty of one percent per month shall be levied on the amount in default. (2) Where default is made on the payment of the whole amount at the end of three months, the outstanding balance may, subject to paragraph (3) below, be recovered on summary conviction on information and complaint by any person authorised in writing by the supplier of the water and sewerage services. 1 This Order was made under the Water and Sewerage Act (now repealed) and was saved under section 155 of the Water Industry Act. THE SUBSIDIARY LAWS OF BELIZE [ Printed b.y the Governm.ent Printer,] No. I Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. Water Industry [CAP. 222 (3) No proceedings for the recovery ofinfrastructure charges shall be taken against consumers who have no visible means of income and who fall within the category of 'indigent persons' under the criteria set by the Belize Social Security Hoard. 33 ( 4) The provisions of the Schedule annexed to this Order shall Schedule. have effect with respect to the procedure for the recovery of infrastructure charges pursuant to subparagraph (2) above. 4. This Order shall have application in the whole of Belize. Application. 5. This Order does not affect the water rates and other charges set out in Effect of Order. the Water Industry (Rates) Order and the Water Industry (Rates) (San Pedro) Order, which shall continue to remain in force. 6. This Order shall take effect from the 15th day of March, 2001. MAU~ by the Minister responsible for Public Utilities this 20th day of March, 2001. (MAXWELL SAMUELS) Minister of f'ublic Utilities, bnergy, Communications and Immigration Commencement. THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. I Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. Service of summons. Hearing of summons. 34 CAP. 222] Water Industry SCHEDULE [Paragraph 3] PROCEDURE FOR THE RECOVERY OF INFRASTRUCTURE CHARGES 1. Whenever in any proceedings for the recovery of infrastructure charges under this Order, the owner of property cannot be found in Belize or is proved to be evading personal service, the summons may be served by ( a) leaving it at the usual or last known place of abode of such owner with some adult inmate and explaining the purport thereof to such inmate; or (b) leaving it affixed to the door or any external wall of any building, or if there be no building, to a tree or post (the driving or placing of which post for such purpose shall not be actionable), on the property for which the charges are sought to be recovered; or (c) publishing a copy of the said summons in two consecutive issues of the Gazette. 2. ( 1) At the time and place appointed in and by any such summons for the hearing of the infonnation therein specified, if no person appears to answer to the information, then upon proof that the summons has been served as provided in this paragraph, the information specified in the summons may be heard and adjudicated upon ex parte. (2) Any sum of money adjudged to be paid by an order made upon the hearing of the information and complaint under this Order may be levied upon the goods and chattels of the owner of the property by distress THE SUBSIDIARY LAWS OF BELIZE [ Printed b.y the Governm.ent Printer,] No. I Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. Water Industry [CAP. 222 35 and sale thereof in accordance with the distress warrant procedure set out in the Summary Jurisdiction (Procedure) Act. CAP. 99. 3. tor the purpose of legal proceedings for the recovery of infrastructure Evidence. charges under this Order, a certificate purporting to be under the hand of the Secretary or other authorised officer of the supplier of water and sewerage services as to the outstanding amount shall be received in all courts as prima facie evidence of the facts contained therein without further proof THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. I Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003