Guyana Water Authority Act (Cap. 55:01)

L.R.O. 1/2012 LAWS OF GUYANA GUYANA WATER AUTHORITY ACT CHAPTER 55:01 Act 3 of 1972 Amended by 27 of 1974 5 of 1995 6 of 1997 Current Authorised Pages Pages (inclusive) Authorised by L.R.O. 1 – 54 ... 1/2012 LAWS OF GUYANA 2 Cap. 55:01 Guyana Water Authority L.R.O. 1/2012 Index of Subsidiary Legislation Page Guyana Water Authority (Acquisition)(La Reconnaissance to Mon Repos, Soesdyke) Order 24 (O. 123/1974, 19/1977) Guyana Water Authority (Acquisition) (Lochaber, West Canje) Order (O. 101/1975) Guyana Water Authority Supply Regulations (Reg. 15/1977) 33 Guyana Water Authority (Acquisition) Order ( O. 20/1977) 52 Note on Revision The Guyana Water Authority (Supervision and Control) Order, No. 111 of 1977 has been omitted from this publication. 30 LAWS OF GUYANA Guyana Water Authority Cap. 55:01 3 L.R.O. 1/2012 CHAPTER 55:01 GUYANA WATER AUTHORITY ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Establishment and incorporation of the Guyana Water Authority. 4. Constitution of the Authority. 5. Application of certain provisions of the Public Corporations Act to the Authority. 6. Power of the Minister to give directions to the Authority. 7. Functions of the Authority. 8. Exclusive right of Authority to provide sewage and water services. 9. Disclosure of interest. 10. Authority may delegate their functions to other bodies. 11. Power of Authority to give directions to other bodies. 12. Public stand-pipes. 13. Pressure of water. 14. Recovery of charges. 15. Transitional provisions relating to charges. 16. Limitation Act not to apply to Authority. 17. Provisions for securing the supply of pure and wholesome water. 18. Power to open streets and roads. 19. Drilling and boring of wells prohibited in certain areas. 20. Licence for carrying on the business of boring or drilling wells. 21. Power of Authority to grant licences to plumbers. 22. Approval of plans for sewage works and water works. 23. Entry on premises. 24. Obstructing members of the Authority and other persons. 25. Unauthorised taking of water an offence. 26. Owner or occupier of premises disposing of water supplied by the Authority. 27. Offences by corporate bodies. 28. Regulations. 29. Acquisition of other undertakings in the public interest. 30. Power to make the Authority subject to the supervision and control of the Guyana State Corporation. LAWS OF GUYANA 4 Cap. 55:01 Guyana Water Authority L.R.O. 1/2012 3 of 1972 CHAPTER 55:01 GUYANA WATER AUTHORITY ACT An Act to provide for the Establishment of the Guyana Water Authority and for matters connected therewith. [1ST OCTOBER, 1972] Short title. Interpretation. [27 of 1974] c. 28:03 1. This Act may be cited as the Guyana Water Authority Act. 2. In this Act “appointed day” means the day appointed by order of the Minister pursuant to section 1; “collecting sewer” means the common drain into which is discharged the sewage from two or more premises and which conveys that sewage to a street sewer, and includes all appliances and accessories thereto; “collecting sewer system” means a collecting sewer together with all the house-sewers by which sewage is conveyed into the collecting sewer; “house sewer” means any drain or pipe for the drainage of the sewage from a house or building, its areas, water closets, baths, offices, and stables, to a street sewer or to a collecting sewer, and includes gully traps, sinks, approved traps and other accessories; “local authority” has the meaning assigned to that expression by section 2 of the Local Authorities (Elections) Act; “member of the Authority” includes the chairman, the deputy chairman, and any temporary member of the Authority; LAWS OF GUYANA Guyana Water Authority Cap. 55:01 5 L.R.O. 1/2012 Establishment and incorporation of the Guyana Water Authority. “owner” means the person for the time being receiving the rent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person or who would so receive the rent if the premises were let, and where the premises are not let includes any person in possession thereof; “premises” includes land; “sewage” includes drainage, storm water, domestic water, domestic wastes, commercial wastes and industrial wastes; “sewage service” means the acceptance, collection, transmission, storage, treatment and disposal of sewage, or any one or more of them; “sewage works” means any works for the collection, transmission, treatment and disposal of sewage, or any part of any such works, but does not include plumbing or other works to which regulations made pursuant to section 28(1)(e) apply; “water service” means the taking, collection, production, treatment, storage, supply, transmission, distribution, sale, purchase and use of water or any one or more of them; “waterworks” means any works for the collection, transmission, treatment, storage, supply and distribution of water, or any part of any such works, but does not include plumbing or other works to which regulations made under section 28(1)(e) apply. 3. There is established a body to be called the Guyana Water Authority (hereinafter referred to as the “Authority”) which shall be a body corporate. LAWS OF GUYANA 6 Cap. 55:01 Guyana Water Authority Constitution of the Authority. [27 of 1974 5 of 1995] Application of certain provisions of the Public Corporations Act to the Authority. [27 of 1974] c. 19:05 Power of the Minister to give directions to the Authority. [27 of 1974] 4. The Authority shall consist of such number of persons being not less than twelve nor more than fifteen members as may be appointed by the Minister. 5. Sections 17 (other than subsection (1) thereof), 18, 19 (other than subsection (9)), sections 20 to 26 (inclusive), 30 to 45 (inclusive), 49, 52, 53, 55, 56 and 58 to 61 (inclusive) of the Public Corporations Act shall, as the same apply in relation to a public corporation established under that Act, apply mutatis mutandis in relation to the Authority, subject to the following modifications, namely, as if for every reference to the Guyana State Corporation in sections 22, 23, 26, 31, 33, 38, 44 and 45 there had been substituted a reference to the Minister. 6. (l) The Minister may give to the Authority directions of a general character as to the policy to be followed by the Authority in the performance of their functions under this Act and the Authority shall give effect to any such directions. (2) In carrying out such measures of re organisation or such works of development as involve substantial outlay on capital account, the Authority shall act in accordance with a general programme approved by the Minister. (3) In the exercise of their functions in relation to training, education and research, the Authority shall act in accordance with a general programme approved as aforesaid. (4) The Authority shall afford to the Minister facilities for obtaining information with respect to the business of the Authority and shall furnish annual estimates and such returns and other information as the Minister may require. (5) The Authority shall provide such facilities to L.R.O. 1/2012 LAWS OF GUYANA Guyana Water Authority Cap. 55:01 7 L.R.O. 1/2012 Functions of the Authority. [27 of 1974 6 of 1997] the Minister as will enable the verification of information furnished in pursuance of this section. (6) The power of the Minister to give directions to the Authority shall extend to the giving to them of specific directions as to the disposal of capital assets or the application of the proceeds of such disposals, and any direction so given may require the whole or any part of the revenues of the Authority to be paid into the Consolidated Fund. 7. (1) Subject to this Act, it is the function of the Authority – (a) to control and regulate the collection, production, treatment, storage, transmission, distribution and use of water (including the supervision of surface waters and ground waters in Guyana), and to make orders with respect thereto; (b) to construct, acquire, provide, operate and maintain waterworks and to develop and make available supplies of water to the public; (c) to construct, acquire, provide, operate and maintain sewage works and to receive, treat and dispose of sewage; (d) to make agreements with any person with respect to the supply of water, or the reception, treatment and disposal of sewage; (e) to conduct research programmes for the purpose of their functions under this Act; LAWS OF GUYANA 8 Cap. 55:01 Guyana Water Authority L.R.O. 1/2012 Exclusive right of Authority to provide sewage and water services. (f) to disseminate information and advice with respect to the collection, production, transmission, treatment, storage, supplies and distribution of water or sewerage and to charge fees in respect thereof; (g) to advise the Minister on matters relating to the collection, production, transmission, treatment, storage, supply and distribution of water, and to the treatment and disposal of sewage; (h) to perform such other functions, not inconsistent with this Act, as may be assigned to them, from time to time, by the Minister; (i) to carry on such other activities as may appear to the Authority requisite, advantageous or conducive for or in connection with the performance of their functions under this Act. (2) Every person who contravenes, or fails to comply with, an order made by the Authority pursuant to subsection (l)(a) is liable on summary conviction to a fine of thirty-two thousand five hundred dollars and, in addition to a further penalty of three thousand two hundred and fifty dollars for every day during which the offence continues. 8. (1) Subject to this Act, the Authority has the exclusive right to provide sewage services and water services – (a) in those areas of Guyana provided with sewage services and water LAWS OF GUYANA Guyana Water Authority Cap. 55:01 9 L.R.O. 1/2012 Disclosure of interest. [27 of 1974 6 of 1997] services or either of such services by the Pure Water Supply Division of the Ministry of Works, Hydraulics and Supply immediately before the commencement of this Act; and (b) in those other areas of Guyana which, immediately before the commencement of this Act, were not being provided with sewage services and water services or either of such services by any statutory body. (2) The Authority shall, within the areas mentioned in subsection (1), provide sewage services and water services or either of such services for any person requiring the provision of those services upon such terms and conditions as the Authority may determine except that until such time as the Authority are able to provide any such area with sewage services and water services they may in exercise of their powers under section 10 authorise any local authority or other body to provide those services on their behalf. (3) Subject to this Act, the Authority, within the areas provided with sewage services and water services by the Authority, have the exclusive right to make connections of premises with the nearest water main or sewer in the roads of those areas, and any renewal of those connections and all repairs thereto, at any time the Authority find it necessary to do so. 9. (1) A member of the Authority, who is in any way, whether directly or indirectly, interested in a contract or proposed contract with the Authority shall disclose to the Authority the fact and nature of his interest at the first meeting of the Authority at which it is practicable for him to do so and shall not take part in any deliberation or decision of the Authority relating to the contract; and the disclosure shall LAWS OF GUYANA 10 Cap. 55:01 Guyana Water Authority L.R.O. 1/2012 be recorded in the minutes of the Authority. (2) This section does not apply to – (a) an interest in a contract which a member of the Authority may have by reason of making payments to the Authority in respect of water service or sewage service provided by the Authority; or (b) an interest in any matter relating to the terms on which the right to participate in any service provided by the Authority, is offered to the public. (3) For the purpose of this section, a person – (a) who, or any nominee of whom, is a shareholder or partner in a company or other body of persons (other than a statutory authority), or (b) who is an employee thereof, shall be treated as having indirectly a pecuniary interest in a contract, if such company or other body of persons is a party to the contract or proposed contract under consideration. (4) Nothing in subsection (3) applies to any person who, but for the provisions of subsection (3), would not fail to be treated as having indirectly a pecuniary interest in a contract if the total value of his shareholding or other interest does not exceed the amount of the total nominal value of the issued share capital of the company or body as may be prescribed by order of the Minister. (5) Without prejudice to subsection (6), the LAWS OF GUYANA Guyana Water Authority Cap. 55:01 11 L.R.O. 1/2012 Authority may delegate their functions to other bodies. Power of Authority to give directions to other bodies. [6 of 1997] Minister may terminate the appointment of any member of the Authority appointed by him who fails to comply with this section. (6) A person who fails to comply with this section is liable on summary conviction to a fine of sixteen thousand two hundred and fifty dollars for every offence, unless he proves that he did not know that a contract or proposed contract in which he had a pecuniary interest was the subject of consideration at the meeting. 10. (1) The Authority may, if they think fit, by order delegate to any local authority or other body the power to carry out on their behalf in the area administered by the local authority or such other area as may be specified in the order, as the case may be, such of the functions of the Authority as may be specified in the order. (2) Where the Authority delegate any of their functions pursuant to subsection (1), the local authority or other body shall, notwithstanding the provisions of any other law, have power to perform the functions so delegated. 11. (1) The Authority have power to give directions of a general or special character to any statutory or other body as to the exercise by the statutory or other body of their functions by virtue of any enactment or otherwise, in connection with the provision of sewage services and water services as appear to the Authority to be requisite in the public interest and, anything in any such enactment or in any instrument conferring functions on such other body to the contrary notwithstanding, the statutory or other body shall give effect to any such directions. (2) Where a statutory or other body fails or neglects to give effect to any direction given by the Authority pursuant to subsection (1), the Authority may themselves perform the necessary functions and any expenditure thereby LAWS OF GUYANA 12 Cap. 55:01 Guyana Water Authority L.R.O. 1/2012 Public stand pipes. Pressure of water. Recovery of charges. incurred by the Authority is recoverable from the statutory or other body by action as a civil debt in a court of competent jurisdiction and the payment of any such expenditure shall be a purpose for which the statutory or other body may borrow money in accordance with the statutory or other provisions relating to borrowing by the statutory authority or other body. (3) Without prejudice to the remedy provided by subsection (2), any statutory or other body which fails or neglects to give effect to any direction given by the Authority pursuant to subsection (1) is liable on summary conviction to a fine of one hundred and thirty thousand dollars. (4) Every statutory or other body shall afford to the Authority facilities for obtaining information with respect to their activities and shall furnish them with returns, accounts and other information with respect thereto in such manner and at such times as the Authority may require. 12. The Authority may erect, maintain and supply with water in such places within Guyana as they think fit, public stand-pipes for the public use, and may remove any such stand-pipe which, in their opinion, is no longer required, and may make regulations as to the use of and payment for water from public stand-pipes. 13. The Authority shall not be required to provide water services at any specific pressure but those persons requiring the provision of water services at a greater amount of pressure than that made available by the Authority, shall provide themselves at their expense with the means for that purpose; any device, equipment, apparatus or installation to be used by any person in connection therewith requires the prior approval of the Authority. 14. (1) Subject to section 15, the charges made by the Authority for the provision of sewage services and water LAWS OF GUYANA Guyana Water Authority Cap. 55:01 13 L.R.O. 1/2012 c. 7:01 services shall be payable and recoverable in accordance with the provisions of this section. (2) Where water is supplied in bulk to any person by the Authority any moneys payable to the Authority for the water so supplied shall be recoverable by the Authority from the person to whom the water has been supplied in bulk. (3) The charges for any service rendered by the Authority on any premises in connection with any installation or apparatus used in connection with the provision of sewage services and water services, or any other service (including the cost of replacing any installation or apparatus) shall be borne by the owner of the premises and shall be recoverable from him by the Authority. (4) Except where an owner of premises who is not himself the occupier thereof is liable by or under any law, or by agreement with the Authority, to pay the charges for the provision of sewage services and water services, those charges shall be payable by the occupier of the premises. (5) The charges payable by any person may, after the demand therefor, be recovered from the person liable therefor by the Authority by action as a civil debt, irrespective of the amount, under the Summary Jurisdiction (Petty Debt) Act against the person liable for the payment of the charges. (6) Subject as hereinafter provided in this section, where a person fails to pay within seven days after a demand therefor any charges payable by him by virtue of this Act for the water services or sewage services the Authority may cut off the supply of water to the premises and recover the expenses reasonably incurred in so doing in the same manner as the charges due, save that if, before the expiration of the said seven days, notice in writing is given to them that there is a dispute as to the amount due in respect of the charges, the Authority shall not cut off the supply of water until the LAWS OF GUYANA 14 Cap. 55:01 Guyana Water Authority L.R.O. 1/2012 dispute has, on the application of either party, been settled by a court of summary jurisdiction, but only if the occupier tenders the amount due in respect of the charges, without prejudice to the dispute. (7) Where at the date when any charges in respect of any premises become due, the owner of the premises is liable by or under any enactment, or by agreement with the Authority, to pay the charges for the provision of sewage or water services and is not himself the occupier thereof, the Authority shall not cut off the supply of water to the premises for a failure by him to pay any such charges, but the charges, without prejudice to the right of the Authority to enforce payment thereof by him, may be recovered by the Authority either from the owner for the time being, or, subject as hereinafter provided, from the occupier for the time being, of the premises in the manner in which charges for the provision of sewage services or water services are recoverable. (8) Where the occupier of the premises is not the owner thereof – (a) proceedings shall not be commenced under subsection (7) against the occupier until notice has been served on him requiring him to pay the amount due or which may thereafter become due, from him, and he has failed to comply with the notice; (b) no greater sum shall be recoverable at any one time from the occupier than the amount of rent, which is owing by him, or which has accrued since such notice as aforesaid was served on him; and (c) if the occupier, as between himself LAWS OF GUYANA Guyana Water Authority Cap. 55:01 15 L.R.O. 1/2012 Transitional provisions relating to charges. Limitation Act not to apply to the Authority. c. 7:02 Provisions for securing the supply of pure and wholesome water. [27 of 1974] Power to open streets and roads. and the owner of the premises, is not liable to pay the charges he is entitled to deduct from the rent payable by him any sum paid by him in compliance with the notice or so recovered from him. 15. Notwithstanding any agreement or rule of law to the contrary, where any premises is at the commencement of this Act, provided with sewage services or water services by the Authority, until the owner thereof gives notice in writing to the Authority of the name of the occupier and the Authority make demand on the occupier therefor, the charges in respect of such premises is payable by the owner thereof. 16. Nothing in the Limitation Act in any way affects any right of the Authority in respect of the recovery of any moneys due and payable to the Authority. 17. (1) The Authority shall cause to be made physical, chemical, bacteriological, biological and other examinations of, and experiment as to the condition of, the water to be supplied by them. (2) The Authority shall make available to the Minister the reports of any examinations or experiments mentioned in subsection (1) as may be required from time to time by him. 18. For the purpose of laying down, extending, inspecting, maintaining, altering, renewing or repairing any water main, sewer, or any branch thereof, or any pipes or works in connection therewith, the Authority may open or break up any street or road or portion thereof subject to the following conditions – (a) the Authority shall give to the local authority in whose area the street or LAWS OF GUYANA 16 Cap. 55:01 Guyana Water Authority L.R.O. 1/2012 Drilling and boring of wells prohibited in certain areas. [6 of 1997] road is situate or such other person in whom the maintenance of the street or road is vested, not less than two days’ notice of the intention of opening or breaking up the street or road, specifying the time of beginning and the portion of street or road to be opened or broken up; but in cases of urgency the Authority may open or break up a street or road and shall forthwith inform the local authority or other person of the fact; (b) until the street or road is restored, the place where it is opened or broken up shall be adequately fenced, and lighted in such manner as to give proper warning to the public during the period between six o’clock in the evening of any day and five o’clock in the morning of the following day; (c) the Authority shall not, without the consent of the local authority or other person, open or break at any one time a greater length than one hundred yards of a street or road; (d) the Authority shall restore the street or road to the satisfaction of the local authority or other person. 19. (1) No person shall make a well or hole in the ground for the purpose of obtaining water, except by digging, in any area designated by the regulations without a permit issued by the Authority. (2) A permit issued under subsection (1) may be LAWS OF GUYANA Guyana Water Authority Cap. 55:01 17 L.R.O. 1/2012 Licence for carrying on the business of boring or drilling wells. [6 of 1997] Power of Authority to grant licences to plumbers. [6 of 1997] issued subject to such terms and conditions as the Authority may deem fit to impose and may be revoked at any time by the Authority. (3) Every person who contravenes subsection (1) or any of the terms and conditions of a permit is liable on summary conviction to a fine of thirty-two thousand five hundred dollars and to imprisonment for six months. 20. (1) No person shall carry on the business of boring or drilling wells for water unless he is the holder of a licence therefor from the Authority. (2) Upon application therefor in the prescribed form and upon payment of the prescribed fee, the Authority may issue or renew, as the case may be, a licence to carry on the business of boring or drilling wells for water. (3) Subject to subsection (4), every such licence expires on the 31st December in every year. (4) The Authority may suspend or revoke a licence at any time. (5) Every person to whom a licence has been issued under this section shall, within one month after the boring or drilling of a well for water, make a return to the Authority in the manner required by the Authority. (6) Every person who contravenes this section is liable on summary conviction to a fine of thirty-two thousand five hundred dollars and to imprisonment for six months. 21. (1) The Authority may grant licences authorising persons (to be known as “licensed plumbers”) to construct, execute, repair or perform work in connection with the provision of water and sewage services to any premises from water works and sewage works as the Authority think fit. LAWS OF GUYANA 18 Cap. 55:01 Guyana Water Authority L.R.O. 1/2012 c. 30:01 (2) It shall be the duty of licensed plumbers to act in accordance with this Act and to carry out the orders of the Authority or any person authorised by the Authority; licensed plumbers are responsible for the acts and omissions of all those persons employed by them. (3) The Authority may by regulations made under section 28 prescribe the fees to be paid for examination and licences of plumbers. (4) The Authority may, in their discretion, suspend or cancel the licence of a licensed plumber who is guilty of misconduct in the performance of his duties under this Act. (5) The grant, suspension or cancellation of a licence shall be published in the Gazette and a newspaper circulating in Guyana. (6) No person other than a licensed plumber may do any act mentioned in subsection (1), and an unlicensed person who does any such act or a person who causes it to be done by the unlicensed person is liable on summary conviction to a fine of sixteen thousand two hundred and fifty dollars except that a person employed by the Authority shall be deemed to be a licensed plumber with regard to the work done by him that is authorised by the Authority. (7) Nothing in this section affects a licence to execute any work mentioned in subsection (l) granted by the Georgetown Sewerage and Water Commissioners under section 26 of the Georgetown Sewerage and Water Commissioners Act, or by the Mayor and Town Council of New Amsterdam, and in force at the commencement of this Act. (8) Notwithstanding the provisions of any other law, no licence to execute any work mentioned in subsection (1) shall be granted by a person other than the Authority after LAWS OF GUYANA Guyana Water Authority Cap. 55:01 19 L.R.O. 1/2012 Approval of plans for sewage works and water works. [6 of 1997] Entry on premises. the commencement of this Act without the approval of the Authority. 22. (1) Notwithstanding anything in any other law to the contrary no person shall construct any sewage works or water works, or extend or alter any sewage works or water works unless the plans, specifications and an engineer’s report of the works to be undertaken, together with such other information as the Authority may require, have been submitted to the Authority for their approval, and no such works shall be undertaken or proceeded with without the approval of the Authority. (2) The approval of the Authority may be granted subject to such terms and conditions as the Authority deem necessary. (3) Where a person undertakes or proceeds with the establishment of any sewage works or water works, or the extension or alteration of any sewage works or water works, without first obtaining the approval of the Authority, the Authority may order that person to afford at his own expense such facilities as the Authority may deem necessary for the investigation of the works and may direct such changes to be made in the works as the Authority may deem necessary, and any changes directed by the Authority to be made in the works shall be carried out by the person at his own expense. (4) Every person who contravenes subsection (1), or fails to comply with any term or condition imposed by the Authority pursuant to subsection (2), or fails to comply with any direction given by the Authority under subsection (3), is liable on summary conviction to a fine of one hundred and thirty thousand dollars and to imprisonment for twelve months. 23. It shall be lawful for the Authority, their agents, officers and employees so authorised by the Authority, at any LAWS OF GUYANA 20 Cap. 55:01 Guyana Water Authority L.R.O. 1/2012 Obstructing members of the Authority and other persons. [6 of 1997] Unauthorised taking of water an offence. [6 of 1997] Owner or occupier of premises disposing of water supplied by the Authority. [6 of 1997] Offences by corporate bodies. time for their purposes to enter into any premises provided with water services and sewage services or either of such services by the Authority for the purpose of examining the pipes or means by which the premises are provided with such services, or any apparatus or thing used on the premises in connection therewith. 24. Any person who assaults, molests, obstructs or in any other manner whatever hinders a member of the Authority or an authorised agent, officer or employee of the Authority, in the exercise of the functions conferred upon them by this Act, is liable on summary conviction to a fine of sixteen thousand two hundred and fifty dollars or to imprisonment for three months. 25. A person who not being supplied with water by the Authority takes water from any installation operated by or on behalf of the Authority, other than such as may have been provided for the use of the public, is liable on summary conviction to a fine of sixteen thousand two hundred and fifty dollars and to imprisonment for a term of three months. 26. The owner or occupier of any premises supplied with water by the Authority who uses the water or permits the same to be used for the purposes of any other premises or who supplies or disposes of the water to any other person is liable on summary conviction to a fine of six thousand five hundred dollars. 27. Where a person convicted of an offence against this Act is a body corporate, every person who at the time of the commission of the offence was a director or officer of the body corporate is guilty of that offence unless he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of the offence. LAWS OF GUYANA Guyana Water Authority Cap. 55:01 21 L.R.O. 1/2012 Regulations. [6 of 1997] 28. (1) The Authority, with the approval of the Minister, may make regulations for giving effect to and for carrying out the provisions of this Act and, without prejudice to the generality of the foregoing the regulations may – (a) prescribe the charges to be made for the provision of sewage services and water services by the Authority; (b) make provision for the inspection, testing and maintenance of installations and apparatus and in respect of the fixing, testing and renting of meters, and of any other services rendered by the Authority in pursuance of their functions under this Act; (c) prescribe the charges to be made by the Authority for the laying and construction of house sewers (not being part of a collecting sewer system) and of the requisite appliances and accessories thereto; (d) prescribe the form of application for the provision of sewage services and water services; (e) regulate the types of fittings that may be used; (f) prescribe the conditions for the discontinuance of the supply of water in cases otherwise than as provided in this Act; (g) regulate the use of water from public LAWS OF GUYANA 22 Cap. 55:01 Guyana Water Authority L.R.O. 1/2012 Acquisition of other under takings in the public interest. stand-pipes; (h) provide for the proper use and conservation of water, including the prevention of waste, contamination or pollution of water. (2) Nothing in subsection (1) prevents the Authority from charging by special agreement other charges where the charges prescribed pursuant to subsection (1) are inapplicable. (3) There may be annexed to any regulation for a breach thereof a fine on summary conviction of thirteen thousand dollars and imprisonment for a term of three months. 29. (1) Where any person other than the Authority (hereinafter referred to as “the undertaker”) provides sewage and water services in any area of Guyana and the Minister considers it to be in the public interest that the undertaking carried on by the undertaker in so far as it relates to the provision of sewage and water services should be acquired by the Authority, the Minister may, by order, declare that with effect from such day, being not earlier than one month after the date of the making of the order as may be specified in the order (hereinafter in this section referred to as “the vesting day”) the said undertaking shall be transferred to and vested in the Authority. (2) An order made under subsection (1) may contain – (a) such provisions relating to the vesting of property, transfer of assets and liabilities, the employment of persons employed by the undertaker, monetary arrangements, the LAWS OF GUYANA Guyana Water Authority Cap. 55:01 23 L.R.O. 1/2012 c. 1:01 Power to make the Authority subject to the supervision and control of the Guyana State Corporation. [27 of 1974] c. 27:02 preservation of rights and liabilities existing immediately before the vesting day; (b) provision amending, modifying or repealing any enactment which in the opinion of the Minister is necessary to give effect to the order; (c) such other provisions as the Minister may consider necessary or expedient for the purpose of giving effect to the order. (3) To such extent, if any, as may be required by article 8 of the Constitution, provision is hereby made in terms of paragraph (1) (a) and (b) of that article in relation to any undertaking (including any interest in or right over such undertaking) acquired by the Authority by virtue of an order made by the Minister under subsection (1). (4) Where the Authority acquire the undertaking of any undertaker under this section or otherwise, the Authority have the exclusive right to provide sewage services and water services in the area provided with such services by the undertaker immediately before the acquisition of the undertaking by the Authority. 30. The Minister may, if he considers it to be in the public interest, by order which shall be subject to negative resolution, appoint a date with effect from which the Authority shall become subject to the supervision and control of the Guyana State Corporation and, with effect from that date, sections 2 to 5 (inclusive) of the Guyana Water Authority (Amendment) Act 1974 shall cease to have effect and this Act shall thereafter be construed and have effect as if those sections had not been enacted. LAWS OF GUYANA 24 Cap. 55:01 Guyana Water Authority L.R.O. 1/2012 SUBSIDIARY LEGISLATION O. 123/1974 19/1977 GUYANA WATER AUTHORITY (ACQUISITION) (LA RECONNAISSANCE MON REPOS, SOESDYKE) ORDER made under section 27 Citation. Interpretation. c. 69:03 Undertaking of Committee to vest in Authority. Property vests in Authority Schedule. 1. (1) This Order may be cited as the Guyana Water Authority (Acquisition) (La Reconnaissance-Mon Repos, Soesdyke) Order. 2. In this Order “Committee” means the Committee established by the Sugar Industry Special Funds Act to control the Sugar Industry Labour Welfare Fund; “the undertaking” means the sewerage and water services and systems owned, provided and operated by the Committee within that area of Guyana extending from the eastern boundary of the La Reconnaissance Mon Repos Local Government District to the southern boundary of the Soesdyke Village District. 3. On the coming into operation of this Order the undertaking of Committee shall vest in the Authority. 4. For the purposes of the vesting referred to in clause 3 the property set out in the Schedule, being the assets (including rights and interests) of the Committee and used by LAWS OF GUYANA Guyana Water Authority Cap. 55:01 25 [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnissance-Mon Repos, Soesdyke) Order L.R.O. 1/2012 Effect of acquisition. cl. 4 it in the carrying on of the undertaking, shall vest in the Authority. 5. The Authority shall continue to employ, on such terms and conditions as may be agreed on between the Authority and him, any person exclusively employed immediately before the coming into operation of this Order in the service of the undertaking: Provided that any person who is so employed by the Authority shall be employed on terms and conditions which taken as a whole are no less favourable than those applicable to him immediately before the coming into operation of this Order. SCHEDULE 1. The Committee's right, title and interest in (a) Area “E”, being a portion of Plantation Vryheid's Lust, East Coast, Demerara, having an area of 0.200 of an acre and being defined on a plan by I. Sheer Mohamed, Sworn Land Surveyor, dated 26th July, 1965 and deposited in the Deeds Registry at Georgetown on 28th December, 1967; and (b) Lots 95 and 96 included in an area of 100 lots numbered 16 to 115 being portions of Block “X”, part of an area of 20.002 acres and Block “3” being portion of Lot “B” North Part of Plantation Land of Canaan, East Bank, Demerara, shown on a Plan by I. LAWS OF GUYANA 26 Cap. 55:01 Guyana Water Authority [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnaissance- Mon Repos, Soesdyke) Order L.R.O. 1/2012 Sheer Mohamed, Sworn Land Surveyor, dated 20th September, 1972 and deposited in the Department of Lands on 22nd September, 1972 as Plan No. 15108, together with and subject to all the easements, servitudes, rights, benefits, stipulations, restrictions and obligations as contained in the Transports held for the lands described at (a) and (b) above with intent that the same shall run with and be binding upon whosesoever hand the same may come. 2. The rights and interests of the Committee in and over (a) The lot marked “Artesian Well” being a portion of the Front Lands of Plantation Annandale, also called Annandale West, part of Plantation Lusignan situate on the east sea coast of the county of Demerara, Guyana, the said lot and Plantations being laid down and defined on a Plan by R. S. Wilkins, Sworn Land Surveyor, dated 22nd June, 1957, and recorded in the Department of Lands as Plan No. 7948; (b) Lot “D” containing an area of .169 of an acre being a portion of Area “H”, Plantation Lusignan, situate on the east sea coast of the county of Demerara, Guyana, the said lot “D” and the said Area “H”, being laid LAWS OF GUYANA Guyana Water Authority Cap. 55:01 27 [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnissance-Mon Repos, Soesdyke) Order L.R.O. 1/2012 down and defined on a Plan by I. S. Mohamed, Sworn Land Surveyor, dated 26th October, 1966, and recorded in the Department of Lands as Plan No. 12,223; (c) Firstly, lot numbered 42 being a portion of Area “H”, Plantations Success and Chateau Margot, situate on the east sea coast of the county of Demerara, Guyana, and secondly an area measuring 33 feet by 23 feet lying at the south eastern end of the said lot 42 between the road south of the said lot and the southern boundary of the said Area “H”, the said lot 42 and the said Area “H” being laid down and defined on a Plan by I. S. Mohamed, Sworn Land Surveyor, dated 30th April, 1962, and recorded in the Department of Lands as Plan No. 10,433; (d) Lot “A” being a portion of Plantation Vryheid's Lust, situate on the east sea coast of the county of Demerara, Guyana, and laid down and defined on a Plan by I. S. Mohamed, Sworn Land Surveyor, dated 26th July, 1965, and recorded in the Department of Lands as Plan No. 11,672; (e) Blocks “A” and “B” being portions of Area “D” of Plantation Ogle, situate on the east sea coast of the county of Demerara, Guyana, and laid down and defined on a Plan by I. S. LAWS OF GUYANA 28 Cap. 55:01 Guyana Water Authority [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnaissance- Mon Repos, Soesdyke) Order L.R.O. 1/2012 Mohamed, Sworn Land Surveyor, dated 14th September, 1962, and recorded in the Department of Lands as Plan No. 10,528; (f) An area situate northwest of the junction of the East Bank Public Road and the street extending westwards therefrom to lots 28 and 29, the said area extending 110 feet westwards from the said Public Road and 80 feet northwards from the said street, the said Public Road and street and the said lots 28 and 29 being laid down and defined on a Plan of part of the front lands of Plantation Peter's Hall, situate on the East Bank of the Demerara River, in the county of Demerara, Guyana, by Moorsalene S. Ali, Sworn Land Surveyor, dated 28th May, 1962, and recorded in the Department of Lands as Plan No. 10,370; (g) Lots numbered 226, 227 and 228, marked “Artesian Well and Compound” as shown and defined on a Plan of portion of Plantations Jardin de Provence and Herstelling, known as Herstelling Extra Nuclear Housing Scheme, situate on the East Bank of the Demerara River, in the county of Demerara, Guyana, by Moorsalene S. Ali, Sworn Land Surveyor, dated 28th June, 1961, and recorded in the Department of Lands as Plan No. 9928; LAWS OF GUYANA Guyana Water Authority Cap. 55:01 29 [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnissance-Mon Repos, Soesdyke) Order L.R.O. 1/2012 (h) Lot numbered 6 Area “D” part of Plantation Little Diamond as shown and defined on a Plan of the area of 477 Lots bordered green on the front lands of Plantations Covent Garden, Prospect and Little Diamond, situate on the East Bank of the Demerara River, in the county of Demerara, Guyana, by Moorsalene S. Ali, Sworn Land Surveyor, dated 25th September, 1961, and recorded in the Department of Lands as Plan No. 10,045; and (i) Lot numbered 134 and marked “Artesian Well” part of the south east block of the Grove Extra Nuclear Housing Area, situate in the front lands of Plantation Golden Grove, situate on the East Bank of the Demerara River, in the county of Demerara, Guyana, as laid down and defined on a Plan of the Grove Extra Nuclear Housing Area, by Moorsalene S. Ali, Sworn Land Surveyor, dated 28th December, 1961, and recorded in the Department of Lands as Plan No. 10,216. being the sites of wells, pump-houses, overhead and ground level storage tanks, reservoirs and other buildings, structures and erections relating to the supply of water, including fences, gates, culverts, bridges for access to and from the said sites and, more particularly, the timber traffic bridge across the Vryheid's Lust West Side Line providing ingress and egress to the aforesaid Area “BB” Vryheid's Lust, East Coast, LAWS OF GUYANA 30 Cap. 55:01 Guyana Water Authority [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnaissance- Mon Repos, Soesdyke) Order L.R.O. 1/2012 O. 101/1975 Citation. Interpretation. Demerara save and except the workshop, bond and storage yard of the Committee, with the land appurtenant thereto, at Eccles, East Bank, Demerara. 3. (a) Pipelines and water distribution mains, including hydrants, valves with over-trench trestles and structures; (b) wells complete with deep well turbines; or submersible pumps and ancillary equipment; (c) pump houses and switch gear houses complete with diesel engines, fuel tanks, switch gears, motors, auto transformers, electrical fittings and other equipment, furniture, and fittings therein; and (d) overhead tanks, ground level tanks, steel towers for elevated tanks. GUYANA WATER AUTHORITY (ACQUISITION) (LOCHABER, WEST CANJE) ORDER made under section 27 1. (1) This Order may be cited as the Guyana Water uthority (Acquisition) (Lochaber, West Canje) Order. 2. In this Order “Committee” means the Committee established by the Sugar Guyana Water Authority (Acquisitions), Lochaber/West Canje) Order LAWS OF GUYANA Guyana Water Authority Cap. 55:01 31 [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnissance-Mon Repos, Soesdyke) Order L.R.O. 1/2012 c. 69:03 Undertaking of Committee to vest in Authority. Property vests in Authority Schedule. Effect of acquisition. cl. 4 Industry Special Funds Act to control the Sugar Industry Labour Welfare Fund; “undertaking” means the water supply services and systems owned, provided and operated by the Committee and situated at Lochaber, West Canje, in the County of Berbice. 3. On the coming into operation of this Order the undertaking of the Committee shall vest in the Authority. 4. For the purposes of the vesting referred to in clause 3 the property set out in the Schedule, being the assets (including rights and interests) of the Committee and used by it in the carrying on of the undertaking, shall vest in the Authority. 5. The Authority shall continue to employ, on such terms and conditions as may be agreed on between the Authority and him, any person exclusively employed immediately before the coming into operation of this Order in the service of the undertaking: Provided that any person who is so employed by the Authority shall be employed on terms and conditions which taken as a whole are no less favourable than those applicable to him immediately before the coming into operation of this Order. SCHEDULE 1. The Committee's rights and interests in – (a) the piece or parcel of land measuring 144 feet by 20 feet by 112 feet by 100 Guyana Water Authority (Acquisitions), (Lochaber/West Canje) Order LAWS OF GUYANA 32 Cap. 55:01 Guyana Water Authority [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnaissance- Mon Repos, Soesdyke) Order L.R.O. 1/2012 feet situate southwest of Area “A” and south of and between Lots 1 and 2 of the said Area “A” as shown and defined on a plan by I. S. Mohamed, Sworn Land Surveyor, and recorded in the Department of Lands and Mines as No. 12399, with the well thereon complete with pump-house, diesel engines, deep well turbine pump, fuel tank, electrical installations and fittings, furniture and other fittings, fence, and gate, culvert and bridge providing access to and from the well site; (b) the road lying along the Reserve West of the said Area “A” and extending southwards from the Public Road providing access to and from the said well site; (c) the pipelines, water mains, hydrants, valves, trestles, conduits and structures extending from the well to and within the said Area “A”. Guyana Water Authority (Acquisitions), Lochaber/West Canje) Order LAWS OF GUYANA Guyana Water Authority Cap. 55:01 33 [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnissance-Mon Repos, Soesdyke) Order L.R.O. 1/2012 Citation. Interpretation. GUYANA WATER AUTHORITY SUPPLY REGULATIONS made under section 26 1. These Regulations may be cited as the Guyana Water Authority Supply Regulations. 2. In these Regulations— “air-gap separation” means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of the receptacle; “approved air-gap separation” means an air-gap separation which is at least double the diameter of the supply pipe measured vertically above the top rim of the vessel and the gap is not less than one inch in diameter; “approved check valve” means a check valve of substantial construction and suitable material that is positive in closing and permits no leakage in a direction reverse to the normal flow; “back-flow prevention device” means any effective device method or type of construction used to prevent back flow into the water system of the Authority; “connection to the main” means the service stop cock and any length of piping between such stop-cock and the water main ferrule together with any fitting attached thereto; “ consumer” means any person supplied with or who has applied for a supply of water and includes any person who is using water from the Authority, or whose premises is connected with the Authority’s main for the Guyana Water Authority Supply Regulation LAWS OF GUYANA 34 Cap. 55:01 Guyana Water Authority [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnaissance- Mon Repos, Soesdyke) Order L.R.O. 1/2012 purpose of receiving a supply of water, or who is liable for payment of rates or monies due or to become due under these Regulations; “consumption” means any quantity of water ascertained in accordance with these Regulations as having been used by a consumer; “cut-off” in relation to a supply of water, means stop the supply, weather by operating a tap, by disconnecting pipes or otherwise; “developer” means any person applying to the Authority for permission to extend or make alternation to a main for the purpose of obtaining a supply of water to the premises of that person; “double check valve assembly” means an assembly composed of two single independently acting approved checked valves and includes the tightly closing shut off valves located at each end of the assembly and any suitable connections for testing the water tightness of each check valve; “main” means any pipe and fittings owned and maintained by the Authority for the purpose of supplying water and includes any connections thereto; “meter” means a meter installed by the Authority on the premises of the consumer for measuring a ascertaining or registering the amount of water taken or used from the Authority by the consumer; “supply pipes” means any section of a main which is used for the supply of water to the installation of the consumer; “supply contract” means a contract between the Authority Guyana Water Authority Supply Regulation LAWS OF GUYANA Guyana Water Authority Cap. 55:01 35 [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnissance-Mon Repos, Soesdyke) Order L.R.O. 1/2012 Supply of water. Meters and pipes. Application for supply of water. Power to connect meter or supply pipe to consumers’ installations. and a consumer for the supply of water; “trader” means a person who has entered into a supply contact with the Authority to receive a supply of water in bulk for the purpose of resale to the public. 3. The Authority shall have the exclusive right to connect or disconnect pipes or any approved installation of a consumer to the main of the Authority. 4. Except as otherwise provided in these Regulations, water supplied by the Authority to any premises shall be through a meter of supply pipe provided by the Authority. 5. A person may apply to the Authority for a supply of water to any premises within the area of supply of the Authority and the application shall be in the form provided by the Authority. 6. The Authority shall have the right at any time after the commencement of these Regulations to determine whether a supply of water to the consumer shall be through a meter or connect any such meter or supply pipe to the installations of the consumer. 7. (1) Subject the provisions of paragraph (2) the Authority shall, as it deems fit, provide connection to the main up to the point of entry of a meter or up to the installations of the consumer. (2) The Authority may require a consumer to contribute to the whole part of the cost of the connection or of maintaining and repairing the connection to the main, and notwithstanding such contributions, any connection by the Authority to the main shall remain the property of the Authority. Guyana Water Authority Supply Regulation LAWS OF GUYANA 36 Cap. 55:01 Guyana Water Authority [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnaissance- Mon Repos, Soesdyke) Order L.R.O. 1/2012 Requirements to be fulfilled. Size and ownership of mater. (3) The Authority shall not connect a supply of water to any premises unless: (a) the installation on the premises to which the supply is to be connected has been approved by the Authority. (b) the consumer has complied with the provision of these Regulations and has paid any required deposit thereunder; and (c) in the opinion of the Authority the main which is to be used has the capacity to provide water adequate in volume and pressure for the premises of the consumer. 8. The Authority shall require— (a) that the consumer pays in advance to the Authority any charges for, or in relation to the installation, use, testing and removal of any supply pipes, meter or other installation; (b) that the applicant obtain for the Authority all necessary permission and licences for entry on the premises for installation of any connection to the main and of meters as may be required. 9. (1) The Authority shall determine the size and number of any meter which shall be installed on any premises and may change a meter at any time. Guyana Water Authority Supply Regulation LAWS OF GUYANA Guyana Water Authority Cap. 55:01 37 [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnissance-Mon Repos, Soesdyke) Order L.R.O. 1/2012 Contract for supply of water. Contract not assignable. Termination of supply contract. Deposit. First Schedule. (2) All meters shall remain the property of the Authority whether fitted within the boundaries of the premises or otherwise. 10. Upon the Authority making available a supply of water, to the consumer, the application form submitted by the consumer shall constitute a supply contract within these Regulations between the consumer and the Authority: Provided that the Authority may, before it connects the supply of water, require the consumer to enter into a separate contract for the supply of water on such terms not being inconsistent with the Act or these Regulations as the Authority may determine. 11. A consumer shall not be entitled to assign the benefit of his supply contract or his right to a supply of water, and shall not sell, or caused to be sold or supplied to any other person water supplied to him without first obtaining the written approval of the Authority. 12. Without prejudice to the right of the Authority to cut off the supply of water, a supply contract may be determined by the consumer at any time by serving not less than one month’s notice to the effect on the Authority. 13. (1) Subject to this Regulation, upon submitting an application, the consumer shall deposit with the Authority by way of security for charges and rates for the supply of water such sum of money as is set out in the First Schedule, and such further sum, as is payable by the consumer in accordance with these Regulations. (2) The Authority shall have the right to increase the deposit required under paragraph (1) of any consumer if in its opinion it is satisfied that the deposit is not adequate to guarantee the payment of such accounts as may be rendered Guyana Water Authority Supply Regulation LAWS OF GUYANA 38 Cap. 55:01 Guyana Water Authority [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnaissance- Mon Repos, Soesdyke) Order L.R.O. 1/2012 The return of deposits. Persons liable for payments of water rates. or for such reason as, but not limited to, cases where a consumer fails to pay his accounts on the due date on more than three occasions in any twelve months or has had his services at one address terminated by the Authority, or where the size of the service connection being used is larger or the consumer has had the service connection at his present address enlarged. (3) In any case where the Authority considers it reasonable to do so, the Authority may waive the deposit required under this regulation or may allow a lesser sum to be made for the deposit. 14. (1) The deposit made under Regulation 13 shall be returned to the consumer to the termination of the supply contract, subject to the deduction therefrom of all outstanding amounts due to the Authority by the consumer. (2) Simple interest at the rate of four percent shall be payable by the Authority on a deposit when it is returned to the consumer: Provided that no interest shall be payable— (a) in respect of any part of a calendar month ; or (b) if the supply contract of the consumer is terminated within six months of its commencement. 15. Every consumer who is supplied with a supply of water from the Authority shall be liable for all charges and rates for the water supplied except that the authority may, with the approval of the Minister waive the charges and rates to be paid by consumers within any areas specified by the Authority by notice published in the Gazette. Guyana Water Authority Supply Regulation LAWS OF GUYANA Guyana Water Authority Cap. 55:01 39 [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnissance-Mon Repos, Soesdyke) Order L.R.O. 1/2012 Rates and charges for supply of water. Second Schedule. Reading of meters. Consumption of water and accounts. 16. (1) The charges and rates for the supply of water by the Authority shall be calculated in accordance with the charges and rates determined by the Authority, with the approval of the Minister from time to time and published in the Gazette. (2) The charges for any work done by the Authority on behalf of the consumer shall be as specified in the Second Schedule. 17. Meters shall be read at monthly intervals or otherwise as the Authority may direct. 18. (1) Subject to Regulation 20(2) the consumption of water by a consumer shall be calculated as follows— (a) where water is supplied through a meter; (i) in the case of a newly affixed meter, the first reading thereof, and (ii) in subsequent cases, on the basis of the difference between the last two readings of the meter; (b) in the case where water is not supplied through a meter, as is specified by the Authority in accordance with Regulation 15. (2) Monthly accounts for the quantity of water consumed shall be prepared by the Authority and shall be delivered to the consumer in the prescribed form on dates that are expedient to the Authority: Provided that failure to prepare or to deliver any account Guyana Water Authority Supply Regulation LAWS OF GUYANA 40 Cap. 55:01 Guyana Water Authority [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnaissance- Mon Repos, Soesdyke) Order L.R.O. 1/2012 Testing of meters on application of the consumer. Removal of meters and calculation of rates when meters remove. shall be prepared by the Authority and shall be delivered to any water supplied. 19. (1) If the consumer disputes the accuracy of the meter from which the supply of water to the consumer is measured and applies for the meter to be tested then the meter shall be tested by the Authority. (2) Any inaccuracy found on the testing of the meter by the Authority shall be corrected according to the results of the test. (3) If the meter is found to be accurate, a fee of five dollars shall be paid by the consumer for the testing the meter, and in addition to cause if any of removing and fixing the meter. (4) If the meter is found to indicate more or less than the correct quantity no fee or other charges shall be paid by the consumer. (5) A meter shall be deemed to be accurate when on being tested its inaccuracy does not exceed 5 percent. 20. (1) If a meter is removed, whether for repair or otherwise, a note giving the reading of the meter shall be left by the person removing the meter at the premises supplied with water through and on the replacement of a meter, a note of the reading at the time of replacement of the meter shall be left at the premises by the person making the replacement. (2) The consumption of water in respect of the period during which meter was out of order or during which the premises was without a meter shall be calculated, at the discretion on the Authority, according to the average daily rate of consumption that is obtained during the period between any two successive readings when the meter was in Guyana Water Authority Supply Regulation LAWS OF GUYANA Guyana Water Authority Cap. 55:01 41 [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnissance-Mon Repos, Soesdyke) Order L.R.O. 1/2012 Consumer responsible for safety of Authority installation. Application for extension of main. Authority may carry out extension or good order or according to the average daily rate of consumption during the period between two successive readings immediately before the removal of the meter. 21. (1) The consumer shall be responsible for any installation, apparatus, supply pipe or meter which has been installed by the authority on the premises of the consumer and shall also be liable for any replacement thereof, or for any repairs, removals or damage, which has been occasioned by any act on his part or by his agent. (2) any damage to the supply pipe or meter which could not have been caused by wear and tear, or the effect of water flowing through the meter or by any defect in the water supply system or by any act within the control of the Authority or by force majeure shall be deemed to have been the act of the consumer. 22. (1) Subject to Regulation 23, the Authority may approve an application by a developer for the alteration or extension of the main for the purpose of a supply of water to the premises of the developer. (2) On submitting an application, a developer shall supply the Authority with plans of the proposed alteration or extension, an engineer’s report and an estimate of the cost thereof to the satisfaction of the Authority: Provided that the Authority may be prepare for the developer at his request the plans and the estimates of costs for the proposed alteration and extension on payment by the developer of a deposit fixed by the Authority and on the developer undertaking to pay all cost which may be incurred by the Authority in the preparation thereof. 23. (1) The Authority shall have the right to carry out the work or any portion thereof approved under Regulation 22(1). Guyana Water Authority Supply Regulation LAWS OF GUYANA 42 Cap. 55:01 Guyana Water Authority [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnaissance- Mon Repos, Soesdyke) Order L.R.O. 1/2012 alteration for developer. Developer’s agreement with the Authority. Third Schedule. Supply of water to trader. (2) If the Authority exercise the right to carry out the work or any portion thereof as provided in paragraph (1), the developer shall pay in advance all estimated costs and charges to the Authority, and shall be liable for any further costs and charges which may be incurred by the Authority in carrying out the work: Provided that the Authority may, as it thinks fit discharge any portion of the costs and charges incurred in the carrying out of the work. 24. Where a developer is permitted to carry out an approved alteration or extension and the Authority has not exercised its right under Regulation 23(1) to carry out the work, and agreement shall be made between the Authority and the developer incorporating the terms set out in the Third Schedule. 25.(1) the Authority may provide a supply of water to a trade for the purpose of resale to the public under the following conditions— (a) a supply contract shall be executed between the trader and the Authority and a permit for the resale of water is issued to the trader by the Authority; (b) the water shall be supplied to the premises of the trader through a meter equipped with a back-flow prevention device; (c) the water to be supplied by the trader to the public shall be in containers approved by the Authority; (d) the Authority has a right to inspect Guyana Water Authority Supply Regulation LAWS OF GUYANA Guyana Water Authority Cap. 55:01 43 [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnissance-Mon Repos, Soesdyke) Order L.R.O. 1/2012 Stand-pipes may be provided by Local Authority for certain residents. Application for and installation of fire fighting device. the containers periodically, to ensure that they are kept in a sanitary condition; (e) the resale price of water is approved by Authority and shall be displayed by the trader on the water containers of the trader. (2) The Authority shall have the right to cancel the permit granted under paragraph (1)(a) if a trader contravenes any of the provisions of this regulation: Provided that the permit may be re-issued by the Authority to the trader on the compliance with this regulation. 26. (1) Where a number of residents of any one within a local government authority is not being provided with a supply of water, the local government authority may apply to the Authority for water to be supplied to the residents through public stand-pipes. (2)Where an application is made under paragraph (1) the Authority shall provide the public stand-pipes required and supply water for the residents of the area provided that the cost (including the material and labour for installing such pipes) and the charges for the water supplied are defrayed by the local government authority. 27. (1) A consumer may declare in an application for the water to be supplied to the consumer is solely for the purpose of fire fighting. (2) Where a consumer make such declaration, the Authority shall inspect the installation of the consumer and disconnect all pipes, taps, outlet and other devices not Guyana Water Authority Supply Regulation LAWS OF GUYANA 44 Cap. 55:01 Guyana Water Authority [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnaissance- Mon Repos, Soesdyke) Order L.R.O. 1/2012 Fourth Schedule. Water supplied for fire fighting purposes. Prohibiting breaking seals on devices for fire fighting. required or adapted for the purpose of fire fighting. (3)The Authority may then provide, as required by the consumer, sprinkle, hydrants, hose outlet, stand-pipes and other apparatus for the supply of water for the purpose of fire fighting and the consumer shall be liable to pay the cost thereby incurred by the Authority and shall pay such charges as are provided for in the Fourth Schedule. (4) All fire fighting device and apparatus connected to the main by the Authority for fire fighting purpose shall have the seal of the Authority affixed thereto, and shall be examined by the Authority at such periods as the Authority thinks fit. 28. (1) The connection to the main of a supply of water for the purpose of fire fighting shall be separate from, and independent of, the connection to the main for the supply of water to the premises for domestic use and shall be used only for fire fighting purposes. (2) No additional hydrant, fire-plug, pipe, tap, or other device of any description shall be connected, or any extension or addition made to the connection of the main for a supply of water for the purpose of fire fighting, without a written permission of the Authority. 29. (1) A consumer shall not break any seal affixed by the Authority to any fire fighting device or apparatus, except that in the event of fire the consumer may break the seal but he must notify the Authority within forty-eight hours thereafter. (2) (a) A consumer may, on written permission being granted by the Authority, open up the fire fighting supply to ensure that it is in good working order. (b) Permission to open the fire fighting supply shall Guyana Water Authority Supply Regulation LAWS OF GUYANA Guyana Water Authority Cap. 55:01 45 [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnissance-Mon Repos, Soesdyke) Order L.R.O. 1/2012 Power to cut off supply of water. Charges in respect of disconnected premises may be added to account for connected premises. be granted by the Authority to the consumer twice annually and at such other times as the Authority may deem necessary provided that any opening up of the supply by the consumer shall be done in the presence of an authorised person of the Authority who shall affix new seals thereafter. MISCELLANEOUS 30. (1) The Authority may cut off the supply of water to a consumer— (a) if the consumer fails to comply with any of the terms of his supply contract or with these Regulations; (b) if there is no valid contract in force in relation to such supply; or (c) if the consumer fails to pay any sum of money due to the Authority for water supplied to him within seven days after an account has been submitted to him therefor. (2) If the supply of water to a consumer is cut off the supply shall be restored to the premises on the consumer complying with the supply contract and these Regulations and on the payment of all sums due to the Authority together with ay charge made by the Authority for the cost of restoring the supply of water. 31. If a consumer is being supplied with water by the Authority at two or more premises and the supply of water at one or more such premises has been cut off at the request of the consumer or in pursuance of these Regulations, the Authority may include any amount due in respect of the disconnected supply in the account of any other premises of Guyana Water Authority Supply Regulation LAWS OF GUYANA 46 Cap. 55:01 Guyana Water Authority [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnaissance- Mon Repos, Soesdyke) Order L.R.O. 1/2012 Temporary disconnection of supply. Unauthorised reconnection. Consumer installations. Estimate of quantity of water consumed. the consumer which remains connected for the supply of water, and for the purpose of these Regulations, the amount so included shall be deemed to form part of the account rendered for the supply of water to the premises which remained connected. 32. The Authority may temporarily cut off the supply of water to the premises of any consumer for the purpose of testing or effecting repairs to its water system of any of its installation, whether inside or outside the premises at any time on any event occurring, which affects or may affect the proper working or such system or installation and shall be liable for any damage or loss caused thereby. 33. Where a supply of water has been cut off in pursuance of these Regulations no person other than the Authority or anyone acting on its behalf shall reconnect the same. 34. (1) Every consumer shall be responsible for maintaining the pipes, connections, and all installations belonging to him on his premises in a safe condition to the satisfaction of the Authority. (2) If the Authority is satisfied that any installation or apparatus of a consumer is defective, the Authority may cut off the supply of water to the premises and the supply shall not be restored unless the defect has been remedied to the satisfaction of the Authority. 35. If the Authority is unable to secure access to a meter on the premises of a consumer for the purpose of reading it, the Authority may determine the quantity of water supplied to the premises on the basis of the average monthly consumption by the consumer for the previous three months: Provided that the method of determination the quantity Guyana Water Authority Supply Regulation LAWS OF GUYANA Guyana Water Authority Cap. 55:01 47 [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnissance-Mon Repos, Soesdyke) Order L.R.O. 1/2012 Water from any other source not to mix with water supplied by the Authority. Removal of installation upon termination of contract. \ Temporary water supply. of water supplied under the foregoing provision may not be employed for more than two consecutive months, and if thereafter the Authority is unable to secure access to the meter of the consumer for the purpose of reading the meter the Authority may, without notice, cut off the supply of water to the premises. 36. (1) No person shall make any connection to any main thereby causing water from any other source to pollute water supplied by the Authority. (2) Notwithstanding the provisions of paragraph (1), the Authority may permit water storage container of such other connection that conveys water from any other source to be connected to the main if the following devices are installed to the satisfaction of the Authority, that is to say— (a) an air-gap separation device between the main and the water storage tank; or (b) a double check valve assembly or such other device approved by the Authority. 37. Upon termination of a supply contract the Authority may remove from the premises of the consumer the meter, the supply pipes and other installations belonging to the Authority. 38. The Authority may allow temporary connections to the main to be made for a period not exceeding one year: Provided that— (a) the Authority shall determine the size and location of the connections; Guyana Water Authority Supply Regulation LAWS OF GUYANA 48 Cap. 55:01 Guyana Water Authority [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnaissance- Mon Repos, Soesdyke) Order L.R.O. 1/2012 Use of water without application. Tampering with apparatus of the Authority. Consumption of water which is not registered through a meter. (b) regulations 3 and 7 are complied with; and (c) the applicant pays in advance the estimates cost and charge tendered by the Authority. 39. Where water from the Authority is being used without an application having been first made in accordance with regulation 5, the consumer shall be liable on summary conviction to a fine of one hundred dollars, and a further fine of fifteen dollars for each day during which the offence continues: Provided that the consumer shall not be guilty of an offence under this regulation where after the commencement of these Regulations or after an area has become an area of supply of water by the Authority, the Authority has fixed a period during which applications for the supply of water shall be made by consumers and the period fixed had not expired at the time the water was being used by the consumer. 40. Any person who tampers with or causes to be damaged any main, meter, or stand-pipe or with any seal attached to a meter or a fire fighting device, shall be liable on summary conviction to a fine of one hundred dollars. 41. Every consumer upon whose premises if found any device or article means so connected is to be capable of altering the index to any meter or prevents any meter from duly measuring, ascertaining or registering the quantity of water supplied of by means of which water might be fraudulently abstracted, consumed or diverted shall be liable to a summary conviction to a fine of one hundred and fifty dollars and a further fine of fifteen dollars for each day during which the offence continues and the Authority may, in addition, recover from such consumer the amount of any loss Guyana Water Authority Supply Regulation LAWS OF GUYANA Guyana Water Authority Cap. 55:01 49 [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnissance-Mon Repos, Soesdyke) Order L.R.O. 1/2012 Wastage of water. Unapproved connection. General penalty. or damage sustained by it. 42. Any consumer who causes, permits, allows or suffers any wastage of water— (a) which is not due to a defect of an installation of the Authority; or (b) which is due to a defect of an installation of the Authority but which the consumer fails to give notice thereof to the Authority, shall be liable on summary conviction to a fine of seventy-five dollars and to a further fine of fifteen dollars for each day during which the offence continues. (2) The Authority may enter any premises supplied with water in order to examine if there is any wastage or misuse of water; and in the officer on satisfactory identification of himself is refused admission to the premises or is obstructed in the making such examination the purpose so doing shall be liable to a fine of one hundred dollars. 43. Any person who connects a pump to the main or by any device pumps water directly from a main without the written approval of the Authority shall be liable on summary conviction to a fine of one hundred dollars. 44. Any person who commits any offence under these Regulations for which no punishment is specifically provided shall be liable on summary conviction to a fine of one hundred dollars. Guyana Water Authority Supply Regulation LAWS OF GUYANA 50 Cap. 55:01 Guyana Water Authority [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnaissance- Mon Repos, Soesdyke) Order L.R.O. 1/2012 Reg. 13(1) Reg.16(2) Reg. 24 FIRST SCHEDULE Where water supplied through a meter, the following deposits shall be paid by the consumer for the meter on approval of his application— SIZE OF THE METER OR SERVICE CONNECTION DEPOSITS $ c. 5/8 16.00 ¾ “ 28.00 1” 52.00 1 ½ 120.00 2” 248.00 3” 514.00 4” 1,002.00 6” 1,900.00 SECOND SCHEULE The consumer shall pay for repairs, servicing or any other work carried out by the Authority on behalf of the consumer, such charges being the actual cost of the work done which includes cost of materials, labour any expenses incurred as estimated by the Authority. THIRD SCHEDULE TERMS TO BE INSERTED IN A WRITTEN AGREEMENT WITH THE DEVELOPER (1) The alternation and extension shall be carried out by contractors and plumbers approved by the Guyana Water Authority Supply Regulations LAWS OF GUYANA Guyana Water Authority Cap. 55:01 51 [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnissance-Mon Repos, Soesdyke) Order L.R.O. 1/2012 Authority. (2) The alteration and extension shall be to the specification in the approved plan and under the supervision of the Authority. (3) The alteration and extension shall be maintained by the developer for one year after the installation thereof. (4) The developer shall indemnify the Authority from any liability arising out of the alteration or extension undertaken. (5) The developer shall pay any cost which may be incurred on account of the re-location of the main to provide for the installation of the approved alteration or extension. FOURTH SCHEDULE (1) There shall be charged for each fire fighting hydrant or device five dollars per annum. (2) There shall be paid for each occasion on which any hydrant, fire plug of fire fighting device is used by a consumer the sum of twenty-five dollars, and the fact that the seal on any such device were found to be broken at the time of inspection and examination shall be prima facie evidence that such hydrant, fire plug or fire fighting has been used: Provided that this payment shall be waive where the consumer notifies the Authority in writing of the use of any such hydrant, fire plug or fire fighting device for fire fighting purpose within forty-eight hours of such use and the Guyana Water Authority Supply Regulation LAWS OF GUYANA 52 Cap. 55:01 Guyana Water Authority [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnaissance- Mon Repos, Soesdyke) Order L.R.O. 1/2012 O. 20/1977 Citation. Definitions. Vesting of undertaking. Vesting of other assets. Authority on inspection of the premises is satisfied that the hydrant, fire plug or fire fighting device was used bona fide for fire fighting purposes only. GUYANA WATER AUTHORITY (ACQUISITION) ORDER. 1. (1) This Order may be cited as the Guyana Water Authority (Acquisition) Order, 1977. (2) This Order shall come into operation on the expiration of one month from the date of the making hereof. 2. In this Order— “committee” means the committee established by the Sugar Industry Special Funds Act to control the Sugar Industry Labour Welfare Fund; “the undertaking” means the sewerage and water service and systems owned, provided and operated by the committee within that area of Guyana extending from the eastern boundary of the Enmore/Hope Government District of the western boundary of the Foulis/Buxton Local Government District. 3. On the coming into operation of this Order the undertaking of the Committee shall vest in the Authority. 4. For the purpose of the Vesting referred to in clause # 3 the property set out in the schedule, being the assets (including rights and interests) of the committee and used by it in the carrying on of the undertaking, shall vest in the Authority. Guyana Water Authority (Acquisition) Order LAWS OF GUYANA Guyana Water Authority Cap. 55:01 53 [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnissance-Mon Repos, Soesdyke) Order 5. The Authority shall continue to employ any person exclusively employed immediately before the coming into operation of this Order in the service of the undertaking on such terms and conditions as may be agreed on between the Authority and such person: Provided that any person who is so employed by the Authority shall be employed on terms and conditions which taken as a whole are no less favourable than those applicable on him immediately before the coming into operation of this Order. SCHEDULE 1. The rights and interest of the committee in and over— (a) Plot “X” being a portion of state land held under licence of the Occupancy No. 2753 situate in Pln. Non Pareil (East), East Coast Demerara, Guyana as shown and defined on a Plan by F. R. Lee, Sworn Land Surveyor, dated 9th October, 1976, and recorded in the department of Lands and Surveys as Plan No 17246 (b) Plot “A” being a portion of Government Land known as Tract “F” situate in Pln. Hope, East Coast , Demerara , Guyana as showed and defined on a Plan by F. R. Lee, sworn Lands Surveyor dated 9th October, 1976, and recorded in the Department of Lands and Surveys as Plan No. 17247. 2. (a) Pipelines and water distribution Guyana Water Authority (Acquisition) Order L.R.O. 1/2012 LAWS OF GUYANA 54 Cap. 55:01 Guyana Water Authority [Subsidiary] Guyana Water Authority (Acquisition) (La Reconnaissance- Mon Repos, Soesdyke) Order L.R.O. 1/2012 mains including hydrants, valves with over-trench trestles and structures, bridges, culverts and fences. (b) wells complete with deep turbine and submersible pumps and ancillary equipment; (c) pump houses and switch gear houses complete with diesel engines, fuel tanks, switch gears, motors, auto transformers, electrical fittings and other equipment, furniture and fittings therein; and (d) overhead tanks, ground level tanks, steel towers for elevated tanks. Guyana Water Authority (Acquisition) Order