Central Water Authority (Repeal and Vesting of Property) Act 1986 (No. 19 of 1986)

, l.'.'i. I RAL WATER AUlHORlfY ACr 19 , • t PEAL AND VESTING OF PROPERTY) l\l\t0NWEALTH OF DOMINICA ACT No. 19 OF 1986. I assent C. A. SEIGNORET President. 165 '/Iii,~ A-t..:t' T: > R E P E A L THE C E N T R A L W A T E R '4t,T!;o+<ITY ACT 1967, TO MAKE THE GOVERN- Act 33 of 1967. +-IP,,>'r OF DOMINICA THE WATER AUTHORITY faK. C)O\flNTCA WITH SOLE JURISDICTION IN ALL M~lts; PERTAINING TO THE SUPPLY OF WATER r,1 f)oN;i'-ICA AND FOR THE ASSUMPTION BY THG <l- 1\ ERNMENT OF THE LIABILITIES, POWERS, rt 1vG; I.EGES AND ASSETS OF THE CENTRAL ~~ AUTHORITY. (Gazetted 7th August, 1986.) ff £,..,,1.;;e TtD r,€ f ·• \CTED by the Parliament of the Commonwealth of ·. llows: \ct may be cited as the ~\\ATER AUTIIORITY (REPEAL AND VESTING Short title. 1 II· PROPERTY) ACT 1986. 1., ,+Ws.\ct ·- Interpretation. ••rity" means the Dominica Central Water Authority 166 1986 Act 33 of 1967. CENTRAL WATER AUTHORITY \( 1 " (REPEAL AND VESTING OF PROPERTY) established wider Section 3 of the Central Water Auf\.-11..i.1 1 Act 1967; "'Com pc tent Authority" means the ofncer or aiJ\..o.., ~, designated for the purpose by the Minister; "domestic supply" means water from the Waterworh u~i in any tenement for any purpose of domestic lifo; ·'gathering grounds or catchment areas" means any sur,\ci.c.Q.. of land or other device which collects the rainfall ~-v ·+4. purposes of the Waterworks; "improvements" means any and all replacements, :•l•~~ extensions, and betterments of and to the \Vatcrl'.c.,,il> "'meter" means any appliance used to measure, asc.:+,u ,;, 1:,--1 reguiate, the amount of water taken or used frc'.1¥\. .~ waterworks by means of any service, as wen a-s ,Cl'4 appliance used in estimating the flow of water in ,:x ,~ any part of the Waterworks; "Minister" means the minister to whom responsiil'{ ,~ {v the subject of water is for the time being assigned: "non-domestic supply" means any water from the works used for the purpose of or in carrying on, ,m: or manufacture; or for cattle, horses or other a:ni, for watering fields or gardens cultivated or occui. means of pecuniary profit; or for commercial lau,, public wash houses, public baths, vessels, ships or , and includes any water from the Waterworks used r person resident in, or occupying any premises, \\ : non-domestic supply is given; "owner" in relation to any building or. land, means a : other than a mortgagee not in possession, who i° time being is entitied to.dispose of the right of ow: of the building or land whether in possession or re.· and includes ~ilso a person holding or entitled to frc and profits of the building or land under a lease or ment the unexpired term whereof ex.ceeds three ye the landlord or his age:nt if the landlord is absent<,,. any disability or if there be no such agent the occu,' the building or land; "public fountains" means any fountain, standpipe.,, post, valve, tap or appliance, used or intended to b.: for or in connection with the supply of water to the r from the \Vaterworks, and erected or hereafter , erected by the Government; "service" means all pipes, valves, cisterns, cocks, : . and·other appliances (except any meter or 1t,, CENTRAL WATER AUTHORUY ACT 19 (REPEAL AND VESTING 011 PROPERTY) valve) by or through which any water flows or is intended to flow from the \Vaterwo1ks, or which are or may be used for the purpose of supplying any building from the Waterworks, and which serve as the 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; "\Vaterworks" means all existing reservoirs, dams, weirs, tanks, cisterns, deepwclls or boreholes, tunnels, pillar beds, conduits, aqueducts, pipes, fountains, sluices, valves, hydrant pumps, engines, and all other structures or appli ances which arc at present used Oi constructed for the storage, purification, conveyance, support, measurement, or regulation of water by or on behalf of the Government, or which may hereafter be used or constructed for the purposes aforesaid by the Government and which belong to or are managed by or vested in the Government. 167 J. :-(1) All lands and property of any nature whatsoever vested Transfor or assets 11 th Authority shall be deemed to have been transferred to and and liabiliti~. •ire Ii, reby vested in the Government in the same manner and for f'..c s:1:ne estate as previously held by the Authority. (2) All debts due and owing to the Authority immediately tdorr the commencement of this Act shall be deemed to have been A:Dc a:1d owing to the Government and all the liabilities of the 4u1hority shall be deemed to have been transferred and assigned I&, :nv' be the liabilities of the Government. (3) For a period of twelve months after the commencement 1f' th Act, all rights, powers, privileges and authorities vested in or rt.er:· able by the Authority shall be deemed to have been trans ~rcd to and vested in the Government. (4) Any Act done or document executed by or on behalf of lie Authority shall be deemed and construed to have bee'fi done or ,tUOlted as the case may be, by or on behalf of the Government. (5) Any reference to the Authority in any law or deed, .,..tract, security or other document (whether enacted or made Wore or after the commencement of this Act) shall, unless the ~!ext otherwise requires, be construed to be a reference to the (Jo\'erllDlent. (6) All actions or proceedings pending or existing by or !lpins~ the Authority shall be deemed to subsist and may be con ll'ffl.tcd, prosecuted and enforced by or against the Government in ;\it manner as it would have been against the Authority if this Act ~ not been passed. 168 Execution of cleeds. Collection of rates. Cap. 262. Office of Water Authority. Government to provide adequate water supply. General powers of competent Authority. Regulations. 1986 CENTRAL WATER AUTHORITY ACf It (REPEAL AND VESTING OF PROPERTY) 4. All deeds, instruments, contracts and other dOCU111enll which would formerly have been required to be executed by tht Authority including those required by law to be under seal shall bt signed by the Minister. 5.-{l) The Government shall have power to fix, levy' :inl demand rates and charges to be paid and collected for the commodi ties, services and facilities-furnished by it. (2) The Government may recover summarily as a civil J::b! any charges, levies, rates, debts, dues or expenses payable to a:i incurred by it by virtue of the carrying out of its obligations undct this Act. (3) Nothing contained in this Act' or any other law ~h31 prevent the Government from recovering any charge, levy, rate, debt, dues or expenses payable to or incurred by it by virtue of lbt carrying out of its obligations under this Act or any law under lbl provisions of the Collection of Taxes Ordinance. 6. The office of Government in its capacity as Water AutboritJ will be in the City of Roseau. 7. The Government shall provide the inhabitants of Dominica with an adequate water service and any other service or facilitilt deemed incidental or appropriate thereto. 8, Subject to any general or special directions of the Minisar the competent Authority shall have the power and authority (a) to give effect to and execute any project or scheme fa, the supplying of water which has been approved attl confirmed by Government; (b) to do all acts or things as the Government may'~ necessary or convenient for carrying out the purposes d this Act; and the competent Authority may, with the approval of the Minisw, delegate in writing any or all of the powers conferred on him un<W this Act. 9.-{l) The Minister may as he deems fit make RegulatiOJlS ta, the governance of water and waterworks and without prejudice ti) the generality of this power and Sections 3 (3) and 5 (I), any 51d Regulations may make provision for (a) the supply of water for sanitary, domestic and na. domestic purposes; (b) the supply of water to ships; CENTRAL WATER AUTHORITY ACT 19 (REPEAL AND VESTING OF PROPERTY) (c) the fixing, levying and demanding of rates and charges to be paid and collected for the commodities, services and facilities furnished by Government in its capacity as Water Authority; (d) the assessment of water supply rates; (e) 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; (/) the manner, time and place for making payments for services constructed for private and other persons; (g) the time 11nd mode of making application for any supply of water; (h) 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; (i) the supply of water by meter, including the proper use of meters and the time of reading the same; ( j) the circumstances in which a water supply shall be stopped; (k) the good conduct and management of the water works; (/) the conferring on the competent authority of any of the rights, powers, privileges and authorities vested in the Government under Section 3 (3); vn) matters ancillary to, or consequential on, any of the above matters; (11) the general implementation or carrying into effect of any of the provisions of this Act . . ' J The rates and charges fixed by Regulations made under ·n (I), shall be so fixed as to provide funds sufficient to (a) pay the cost of administering, maintaining, repairing and operating the water systems, including reserves for such purposes, and for replacement and deprecia tion; (h) pay the principal of and interest on any loans raised by Government to carry out its purpose under this Act. 169 170 Minister to specify areas to he supplied with water. General water rate. Competent authority to have a~-.:ess to t,uilJings and land: 1986 CENTRAL WATER AUTHORITY A< ·1 1• (REPEAL AND VESTING OF PROPERTY) ,--,~ (3) The aforesaid rates and charges to be paid to G!H .-· ment shall comprise, as regards the water services (a) a general water rate payable upon all tenem, other than buildings belonging to the Govcrrnr. situated within the prescribed water supply .. whether provided with services or not; (b) a water supply rate, payable with respect to all t. ments other than public conveniences, public \\ .. houses and public baths provided with servic,·, addition to the aforesaid general water rate; (c) payments for water supplied by meter, inclu supply to domestic, industrial, commercial or , ping installations. 10. For the purposes of the application of the water r .. provided in the preceding section, the areas to be supplied , water under this Act, shall be defined by an Order made by i •• Minister and it shall be lawful for the Minister from time to t. ~ by Order further to extend or otherwise vary the limits of the SC\.· areas. 11.-(1) The competent authority shall annually assess the gene. water rate, payable by the owner of each tenement situated wit: the prescribed water supply area, and the said general water r. · shall be such percentage or poundage, not exceeding I % upon t · .. assessed value of lands, houses and buildings as the compete· authority shall determine. (2) The actual amount pa)(able with respect to each ind;, dual tenement shall be assessed by the competent authority, acco:. ing to the method of assessment provided for the collection of !wt. and land tax. (3) If any tenement has become liable for a water sup; . rate, or for an increase thereof, between two successive assessmcn:, then the water supply rate, or the increase thereof, shall be cak, lated in proportion to the period during which the service or oth:· appliance giving rise to a claim for water supply rate, or an incrc,w thereof, shall have been in use. (4) Whenever water is supplied by meter, for any purp,,s..: .the price shall be determined by the competent authority. 12.-(1) The competent authority end persons acting by 1, written authority shall when circumstances so require (a) enter upon any land at reasonable times to sun. and take levels thereon; (b) dig and bore the subso'il of such land.; CENTRAL WATER AUTHORITY ACT 19 (REPEAL AND VESTING OF PROPERTY) (c) enter at reasonable times any land or buildings (i) to inspect the same for the purpose of investigat ing any defect in the water system and of correct ing any deficiency in the water service; (ii) to ascertain the practicability or expediency of performing any duty or exercising any power under this Act; (iii) to do all such other things as may be incidental to or necessary for the purposes of this Act, •ithout being subject or liable to any action, suit, or 11roccdi'"'.3s, ~. rcnalty or punishment for or in re,!J,..;ct of ::ny 51·1".i1 : "1lry 11:~on .:h land or buildings. (2) Any equipment, properly, apparaLus ur thi.1g which <:,hts or is maintained iil any bui!Ji,1g or on any l;ud i,1 co;1tra ·<nlion of the provisions of this Act or Regulatio11s made t!1c;-.:u.:1:kr oball be deemed to be a public nuis:ince. (3) In the event that the owner, agent, or tenant of any ,ach building or land, where such a nuisance exists, refuses to iaaove or abate such nuisance after notice in writing from the i1lmpetent authority is given to do ~o, the comrctent authority may "(QlOVc or abate the nuisance at th,2 c.,pense of the owner, a2-:'nt or IIIWlt. 13. The Government is vested with the duty and power to ~cnt the pollution or contami,rntion of the rivers, spriHgs, ~: ~::p •dls or boreholes, catchmcHt areas, wa.:er courses or ,1,1y sourci:: of utcr supplied (surface or underground). 14. Gathering grounds shall be retained ,•.s ro1-.;,;l r,,,,-.:rv•·s i11 ~cordance with the provisions of the Forest Ordinance. 15. Whenever the Minister shall, upon the represe:1tation or i.hc competent authority, decide that a gathering ground is re,~uireJ for ~ purposes of extending or augmenting the water s:.l:")'lly, the rompetent authority shall cause the limits or areas thereof to be lftllrked out, defined and mapped, a,1d there:i.fter no land not then already" leased or sold by the State, shall be granted, devised or otherwise disposed of within such limits or area for any purpose •hatsoever. 16,--{l) Any person who wilfully or negligently (a) causes or sufTers any pipe, valve, cock, cistern, bath, soil pan, water closet or other apparatus or receptacle belonging to or connected with the Waterwo1ks (i) to be out of repair; or 171 G0·1crnmcnt to pn:v,~nt pollution of water. ! :on~~t ri..:~ervcs. Cap. SO. L,rnds in gather ing grounds required for in1,;re:1Sin~ \'.'ater rnpply not to be leased, etc. Offences and penalties. 172 1986 CENTRAL WATER AUTHORITY (REPEAL AND VESTING OF PROPERTY) (ii) to be so· used or contrived in such a w ·::f ~~- '} the water supplied to him is or is likely· wasted, misused, unduly consumed or nated; or (b) causes or suffers any pipe belonging to or co .. with the pipes of the Waterworks to be so usc4. contrived in such a way as to occasion or allow return of foul air or other noxious or impure ~ therein; or · ··:. (c) removes or tampers with any gauge, meter, m . ing i~strument, level, mark or any other apr:~!J · form mg part of the Waterworks; or . (d) damages any part of the ,Waterworks; or ~. (e) commits any act which, by itself or with other•·: impedes or interrupts, or is calculated to impcdt)f-i interrupt, the flow of water belonging to the "·· J works, ·· : I is guilty of an offence and on summary conviction liable for ' such offence to a penalty of five hundred dollars or to impriSOJUIIIIJ ; for six months. (2) Any person who (a) violates any of the prov1s1ons of any Re made under this Act; (b) refuses or neglects to act in obedience to Regulations; (c) resists, opposes or obstructs the lawful exeruti implementation of any provision of this Acnt Regulations made thereunder; .:, •. (d) washes clothes or any other thing, bathes, swiiii. waters or bathes any animal or spits in any SOlll!llll j of water supply of the Government in its j as Water Authority; , 1~ (e) urinates or defecates in or throws or depost' ··1 such waste or refuse in the surrounding area ·•· such water supply source; .' (f) uses the said water supply source or water· ·, . , for any purpose that may jeopardize the ~,J health or alter the chemical or bacteriological · · :] of the water; f (g) obstructs, molests or hinders the competent auth' :J or any person acting by his "'.ritten autho:ity in.·· .. · .. •.·•.•.•.· .. ··•)·' performance of any duty or m the exercise o(!II.J CENTRAL WATER AUTHORITY ACT 19 (REPEAL AND VESTING OF PROPERTY) power under this Act or Regulations made there under, · · :,y of an offence and on summary conviction liable for every c)lfence to a fine of five hundred dollars or to imprisonment , months. (3) In the event any damage should result to the Waterworks , he commission of any of the offences mentioned in this 1, the Magistrate may, in addition to any punishment he may <'rder the offender to pay compensation to the Government :;xicity as \Vater Authority. · ''. o::i.'1tc-··s ai:\i,1,;t n1;s Act or against any Regulations J11ade Prmecution of ,der may be prosecuted, and all rates or claims under this Offences . . ·: be sued for by the comr,etent authority uader tlie provisions 1 ''.·own Proceedings Ordinance (Cap. 5) b~fore any Court • :'dent jurisdiction. i'ile Central Water A•1thority Act 1967 is h~reby repealed Repeal and ::tall Regulations made under the Act shall continue in force saving. . , oked by Regulations made under this Act. Act 33 of 1967. This Act shall come into operation on the 1st day of Sept- Commencemen ·. 1986. Passed 111 the House of Assembly this 28th day of July, CATHERINE A. A. FAUSTIN (Mrs.) Acting Clerk of the House of Assembly. DOMINICA ;•·1nted by the Government Printer at the Government Printery, Roseau, (Price $2.00 cd