Water Supply Act

WATER SUPPLY 1 THE WATER SUPPLY ACT L.W 17 of 1958. Act 10 of 1963 s. 20. [6th March, 1958.1 1. This Act may be cited as the Water Supply Act. short titb. Interpreta tion. 2. InthisAct ‘‘limits of supply” in relation to any water under taking means the limits within which the under takers are authorized to supply water under any law or regulations; Commission established under the National Water Commission Act, the Kingston and St. Andrew Corporation, any Parish Council or any Com mittee authorized by any law or regulations to supply water. “statutory water undertaker” means the National Water ;Ok%3 3.-(1) The Minister may, on the application of the Joint mpplica and statutory water undertakers concerned, by order, provide wwof undwtakingr bYaOrta for men. (a) the joint furnishing by two or more statutory water undertakers, by agreement, of a supply of water; (b) the constitution, by agreement, of a joint com mittee of two or more statutory water undertakers for the purpose of exercising all or any of their functions relating to the supply of water; (c) the transfer, by agreement, to a statutory water undertaker of the undertaking or part of the under taking of any other statutory water undertaker. me inclusion of this page is ax$horised by L.N. 87119851 2 WATER SUPPLY Variation o€ limits of agreement. supply by Supply by statutory water under takers out side their limits of 'UPPlY. (2) Any order made under this section may contain such incidental, consequential and supplementary pro visions as the Minister thinks necessary or expedient for the purposes of the order, and in particular, but without pre judice to the generality of the foregoing provisions, may provide for the transfer of property and liabilities, and for the modification or adaptation of any law in so far as it applies to any of the statutory water undertakers. 4 . 4 1 ) The Minister, on the application of two or more statutory water undertakers, may by order provide for the variation by agreement of any common boundary between their respective limits of supply. (2) Any order made under this section may contain such incidental, consequential and supplementary provi sions as the Minister thinks necessary or expedient, including provisions for the modification or adaptation of any law in so far as it applies to any of the statutory water undertakers. S.--(l) An agreement may be made between any statu tory water undertaker and any other persons, whether statu tory water undertakers or not, for the givirrg by such statutory water undertaker and the taking by such other persons of a supply of water in bulk or otherwise, for any period, and on any terms and conditions, in any area out side the limits of supply of such statutory water undertaker : (a) an agreement under this section shall require the approval of the Minister, and he shall withhold his approval if it appears to him that the giving of the supply is likely to interfere with the supply of water for any purpose within the limits of supply of the statutory water undertaker by whom the supply is to be given; and Provided that WATER SUPPLY 3 (b) where the supply is to be given to any persons other than a statutory water undertaker, the consent of every statutory water undertaker having jurisdic tion within the area, or any part of the area, within which the supply is to be given shall be required to the agreement, which consent such statutory water undertaker is hereby authorized to give, with such conditions (if any) as, subject to the approval of the Minister, the statutory water undertaker may prescribe, but such consent shall not be unreason ably withheld, and any question whether or not it is unreasonably withheld shall be referred to the Minister whose decision thereon shall be hal. (2) For the purpose of laying any pipes or installing any apparatus connected therewith, being pipes or appara tus required for giving or taking a supply of water in pur suance of an agreement under this section, a statutory water undertaker may exercise outside its limits of supply the like powers as are exercisable by it within such limits of supply under any law or regulations, but subject to the like con ditions or obligations. 6. Any dispute between statutory water undertakers with Referenceof respect to the furnishing of a supply of water or any matter disputes Minister. to incidental thereto shall be referred to the Minister whose decision thereon shall be final. 7. This Act shall have effect notwithstanding anything ~ h i s ~ c t t o prevail not inconsistent therewith contained in any other law, and any withstanding provision of a law which may be inconsistent with any of the &e provisions of this Act, shall, to the extent of such incon sistency, have no effect. I c mhe inclusion of this page is authorized by L.N. 480/1973]