Central Water Authority Ordinance, 1964 (Ordinance No. 24)

\t" :' I. : u.s.j I ASSE:-\t. G. J. BRYAN, A dminist rator. 13th October, 1<)6+ ST.LLTCL\ No. 2·t of 1~){j.t. [HW·L A:-; OI;IW\:\\"C 1 ll) "rll\ i.le kit" tile creation and estab lisluneru of ~l Central \\Ht~r Authority with sale jurisdiction ill all nr.urcr, pertaining to potable Water Supply tllrllu;:illilll til": l sl.uul ; Ior the trans fa to t!l~lt AUllh1ilt;. u( til..: assets and liabilities of Water Authorities ; ~ll1d Ior purposes connected with the matters afun:":;;lid. [ 011 Proclamation. 'I BE IT EN AC f'EDb)' t :IC Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council d 'Saint Lucia, and by the authority of the same as 'follows : Prclil I I illar)' 1. t l) Thi-. Ordiu.uicc 1I1.ly be cited ~IS the Centra! Water Authoritv Ordinance, 19(i-L :,It"n, I it 1<' 1\1\<1 vornmc uccuvcut . No. ~ I.J Central Wt/ft'r Authority Ordinance. f 2) This Ordinance shall come into operation on SUI. lby as the Administrator in Council may appoint b: Proclumation published in the C":':CllC : Provided that the Administrator in Council may ill like manner, appoint different days for the coming int., operation of different sections of this Ordinance. IlllL'lprd,llioll. :2. In this Ordinance the following expressions have the meanings hereby respectively assigned to them. that is to say: "Authority" means the Saint Lucia Central Wute. Authority established by section 3 of thi, Ordinance; cost ,. as applied to improvements, means the cost of acquiring or cdustructing improve ments as herein dellned and includes-> (a) the amount to be paid for any improvement acquired by purchase, transfer or condem nation; (b) the cost of labour, materials, property, rights, easements and franchise acquired; (c) financing charges; (d) the payment of interest prior to and during construction or reconstruction and one year thereafter; (e) the amount required as working capital ~ (/> the cost of plans and specifications; surveys and estimates of cost and revenue; (g) the cost of legal and engineering services; (II) all other expenses necessary or incidental to acquisition or const ruction; and (i) administration expenses ~ .. domestic supply" means water from the Water works used in any tenement for any purpose of domestic life ~ :~,' , ! ('('I/(Ii,1 IVllttl ,'/1111/<1/11.1' Ordiuunc«. .. ~!,llil:;'ill~' ~>Il>;l,\d" lI1e,III', :111\ -u rf'acc uf land or ulilcr (k", :'.:~ \', 1,i,.:11 ,', dlxt; tl., rainful] fIll' the plli-plh,:" \.1' Ille \\'dkr',v'<lrL,,>; 'illlp"J"CI1L:llh" 111;;([1'1 -. ,ttl>' :llhl ~t11 replacements. n.III itions. C\ kll:;i( m-. ,111-1 11;.:1 icrmcu h o! a nd In the Watcrworks : .. mctcr ' means allY appliance used to measure. ascertain. or regul.u., r hc amount of \v.ucr taken or used IrlJlI1 t he \\';IL:r'.'/or!~s by means of any service. ;IS ",:/1 a" L\I1)' appliance used in estimuring tile Ill)'." of wurcr ill or Iron: allY part of t hc \\';11\:1\\ ork ... ; .. ;'vrinister·' I11I.'<1ns the me 111 he I' of Executive Council churgcd with the responsibility Ior the subject tit' PLlblil' Health; .. non-domestic 'ill!,pl~ ,. mc.ui, atlY water Ir.uu the Waterworks used Inr the purpose or. or in carrying on, any t r.u!e or nranuructurc ; or Ior cattle. hor-cs or other animals. or Ior \\ atcr ing licld:'l Ill' g.udcn. cuh i. .ucd 1)J' occupied us a rne.uis ur pcCUl1i~II'Y prolu ; or Ior private fountains or anv orn.uucnt.il purpose ; or for the supply of pll l1 lh. pools. or tanks; or for laundries. public w.tshhouscs : public baths. vessels. ship:" or bonrs ; and includes water used OF consumed hy any person resi dent in, or occupying. any premises where a non-domestic supply is given, as well as any water taken or use.] from the Waterworks by the Imperial or Colonial. Militurv, Naval or Civil FSLlhli';\1111ent; .. o\\'ner" me.ins the holder of any tenement direct from the Cf\l\\11 whether under !c;ISI.'. licence or otherwise. or the imu.cdi.uc landlord tlf · ., ~ .•• , "",.~,II.j) "'/~jj/' ..tltlt. lj~)I); any tenement. or the <lg>..:nl of <lny such hoiLlc or landlord, ;,!Jd is absellt or under disabilit·. or i{ the reb ' n() S l! Ch <l~' '..III tilc ace IIpier ~..' the tenement ; ., public Iountu in .. me.ius any fountain, standpust valve, tap or appliance, used or intended to b. used for or in connection with the supply o: water to the public from the Waterworks. and erected or hereafter to be erected by th, Authority and which belongs to or is vested in the Authority; .. service" means all pipes. valves, cisterns, cocks. fittings and other a ppliauc...'S rcxccpting an~ meter as hereinbefore defined) by or through which water 110\\5 or is intended to flow from the Waterworks, or whioh are or may be used for the purposes of supplying any tenement from the Waterworks, and which serve as the property of the owner or occupier of such tenement; H tenement" means anv land with or without buildings, which is held or occupied as a dis tinct or separate holding or tenancy, or any wharf, or pier on the waters of the Territory; .. WaterworKs" means all reservoirs, dams, weirs, tanks, cisterns, tunnels, pillar beds, conduits, aqueducts, pipes, fountains, sluices, valves, hydrant pumps, engines, unci all other struc tures or appliances used or constructed for the storage, purification, conveyance, support, measurement, or regulation of water by or on behalf of the Authority or which may here after be used or constructed for the purpose aforesaid by the Authority and which belong to or are managed by or vested in the Authori ty. \l'l,lll::;<':, IIiLlIIII)"dl) ll(ltc~ Ijills or Lading ami other ',,!l)tiahk instruments. i21 -1 he seal of t hc .-\utlillrit) shall be authenticated " rhc signature u! thc Chuirmun or of nne member or ;.: Authority uuthoriscd by the Authority to act in that 'hall'. and the \'!all,lgcr \.)1' the :\ uihority, and such seal tall be officially aud judicially noticed. (3) All documents. other than those by law to b~ IIJcr seal. made hy. and all decisions of, the Authority iJY be ~igni!kd under the hand of the Chairman, or 1:' mcrnh.r authorised h) the Authority to act in that 'hall', 1)(' [he :-"Ianag~r or the Authority. Board o] Conunissionrrs anil JHcm!J('/'s!li/l . .1.--(1) The powers of the Autlwrity shall he exer .c.l through, and its pulley shall be determined hy. ;} u'd of Conunissioncrs acting as a Board. I:) The Hoard of Commissioners (hereinafter referred ~IS the Boord) shall consist of a chairman who shull appointed by the Administrator in Council. and of , following other members: (a) The Agricultural Superintendent. the Chid Medical Olliccr. The Director of Public Works. and the Secretary of Finance. each 1.1f W!\lH\1 shall he a mcmcbr or the Board by \'ir tuc of his office ; ,\.,,, ,1\. ,,.-hil' l,r HllUI"i. · ... ~ ........ \.. II member shall he eligible for re-appointment. (3) Every member of the Board appointed by the Castries Town Council shall hold his scat during the pleasure of the said Councilor until the dissolution thereof if he so long remains a member. (4) Every member of the Board appointed by the Chamber of Commerce shall hold ;his scat during th~ pleasure of the Chamber of Commerce or until the dis solution of the Chamber of Commerce if he so long remains a member. (5) If the place of a member of the Board appointed by the Castries Town Council or by the Chamber or Commerce becomes vacant before the expiration of his term of office whether by resignation. death or other wise, the vacancy shall he filled by the Castries Town Councilor by the Chamber of Commerce as the case may be: Provided that in the case of the temporary absence from the Island of any member appointed by the Cas tries Town Council, or by the Charnl-cr of Commerce. or by the Board. the Castries Tov.: Council, or the Chamber of Commerce or the Boar ) the case may be, may appoint a person to he pro'.IJlIy a member in place of such member so absent. x :!1. J• II. Central Waler ./ lit/writ)' Ordinance. [HHH. 9. The Manager shall render to the Board not later R'Jl'vrto. t!J;ln such date as the Board may fix monthly and .Il1l1uaLreporh relative to the finances and .:activities of [h~ Authority. POlI'CI'S ({1Ie1 F'IIIlClioIlS of A uthority. 10.--( I) The Authority shall provide and help to rrll\ide the inhabitants of the Island with an adequate water sen ice and any other service or facilities inci dental or appropriate thereto. (2) In particular. and without prejudice to the gena .rlity of the Iorcgoiug. the Authtlrity shall have power (0) to employ, by contract or otherwise, such con sulting engineers. engineers and supcrinten dents, construction und accounting experts, and attorneys as may be necessary; (b) to accept grants of any kind from any source; (c) to determine. fix. alter charge, and collect, rates, fees, rentals. and other charges for the use of the facilities of the Authority, or for the water or other commodities or service sold, rendered, or furnished by it ; (d) to enter on any lands, water, or premises, after notifying the owners or occupants thereof, or their representatives, for the purpose of making surveys, soundings, and examina tions; (e) to improve and extend the water under its juris diction and to provide additional facilities of the same character ; (j) to do all such acts and things as mav be inciden tal to, necessary or convenient for the carry ing out of all or any of the purposes of this Ordinance: Duties of Authority. x., ~ I.) r",,, .1',,1' of I Idlh'rty l~te. 1...1 .\ut hdfllY· Ceil/flit Wl/ler Authority Ordinance, Provided however that all water rates fixed by lh~ Authority and any alterations in the aforesaid rate, shall be of no effect until approved by the Adminisu., tor in Council. Transfer of Property. 11.--(1 J With the approval of the Administrator in Council. the Authority nn~ enter into an :tgrc.:n:;:;'.: with the Castries Town Council or any Town or Villag~ Council for the purpose of transferring to the Authori ty' from such date or dales as may be fixed therein. the whole or any part of the undertaking of, or of any of the rights, powers, duties, liabilities and obligations of, or any property whatsoever vested in, any such Council. (2) An agreement entered into as aforesaid shall. upon being confirmed by Resolution of the Legislative Council, specifying the terms thereof', without any further assurance, vest in the Authority the undertak ingof, the rights, powers, duties, liabilities and obliga tions of, or any properly whatsoever vested in the Council to whieh it relates, (3) Every such Resolution shall be published 111 the Gazette. (4) The description of any matter or thing published as aforesaid in the Gazelle shall be conclusive for the purposes of its indentification. (5) Upon a transfer taking effect under this section every agreement to which the transferor Council was a party immediately before the date of such transfer shall have effect as if (a) the Authority had been a party to the agree ment; · :! L J.\ .. 1. Central 11 'ilfer ,llIf!lIJrify Ordinance. [ 1!)(j-~. (h) for any reference to the transferor Council there were substituted, in respect of anything falling to be done on or after .the date of such transfer, a reference to the Authority; (c) for any reference to any member or officer of the transferor Council there were substituted, in respect of anything falling to be done on or after the date of such transfer, a reference to such person as the Authority may appoint or, in default of such appointment to the member or officer of the Authority who corresponds as nearly as may be to the member or officer of the transferor Council; (til for any reference to any fund or revenues of the transferor Council there were substituted, in respect of anything falling to be done on or after the date of such transfer, a 'reference to the corresponding fund or revenues of the Authority, 12.-(1) The Administrator in Council may, by agreement entered into with the Authority. transfer to the Authority the whole or any part of the undertaking of, or of any of the rights. powers, duties, liabilities and obligations of. or any property whatsoever vested in the Government which is used or useful for the sup plying of water for domestic. industrial or commercial lise. (2) An agreement entered into under this section shall be confirmed in like manner ~H1d shall have, with necessary modilic.u ions. the like effect as an agreement entered into in accordance with section II of this Ordinnnce. Transfer- of property ell'. held by Govcrrne nt , x», 2-L] .1<)0 Cell1ra! IJ'{/ft'r A utliority Ordinance, II !J, Trrllbr"r or ullkor, Confir01l\tion or appropriations. }(tolinc .\ ulhoriry' s L!el\cil~ . Transjer of Pt 'I'\"IJI/!It'!. 13. The Admiuist r.uor in Council shall by regu tions, in such ' -: ,i :> ~ S ami tll such extent as may be SPl:\ fied in the r~~uLtlil)Il:;. provide Ior the compcnsuti, or to the terms and conditions or service with t; Authority of officers and servants of the Govcrnmc, the Castries Town Council or any Town or Vill a Council from \vhO!TI function s arc transferred by I under this Ordinance to the Authority. being ollice or servants who. prior to the dale of such translc were employed by the Government or bY the Castri . Town Councilor by a Town or Village Council , as II case may be. A ppropriations. 14. All appropriations made by the Legislature or b any Town or Village Council fur any of the purpose of this Ordinance are hereby approved, ratified an. confirmed and all sums so appropriated or set aside o required to be set aside or appropriated for the sail purposes, and any balance thereof, are hereby trans Ierred to the Authority. 15. During the first three years after the commence ment of this section, and until such time thereafter ~l ' the Authority is self-supporting, there shall be charge. upon the Consolidation Fund, a sum not less than thai part of the Authority's operating budget not sufficient ly covered by its own revcnue : Provided that such SUIl . shall not without approval by Resolution of the Legis lature, exceed the amount appropriated for the Sal11L purposes during the last three years . Accounts. 16. The accounts of the Authority shall be kept ill such manner as appropriately to segregate, insofar as advisable, the accounts in respect of the different " ~1. j.\1) • Central Wmer Autliorit v Ordinance. [l!Jn.!. ..I')l') of opcrut illn~. projects. undcrtal: ings. and acti :,..:~. of the Aurhurit ,'. and shall include: complete :':IHllllS l)1' the CllS!s of production und distribution of ".:ra and of the totul cost of \V,ll~J'\\ or':s constructed ":!1-:1"I,.. i,,': :1::.>!lljreJ by the '\lI~hl)rit~, ::nd (1 descrip ~~ \-:' :,~", ..:.. iJ'·'- ~l·"-':i"'I..;.,:~l~~ ~,i;' Sj:j ':'·..:L). (L)~~[r-ll..:r .. ir~) r~'l:nrds of such 0[11-.:,. phy~i.:al d.u.. and op(;r,tlin~ :.:,i:iri"'::i :h nu~, h..: helplul ill d-:t~flijil1;r,! till: ,IClll~d .:,J..;l and value of the services. Water Rate: aiu! Pt/ymeII15. 17.,-/11 The Bo.ir.! -;h:t1! i.;:: ~nlirled LO fix. levy and r.,\".\" .s r,.[<,;, .lcmand, and from time to time revise the rates and ,:harges to be paid and collected for the commodities. .ervices and Iucilitics furnished by the Authority, (2) The said rates and charges shall he so fixed as to provide funds sullicienr-> lell to P~lY the cost of administering. maintaining. repairing and operating the water systems. in cluding reserves for such purposes. and Ior replacement and depreciation: (h) to pay the principal of and interest on any loans raised by the Authority to carry out its pur poses. (.\) The uf'orcsuid rates and ch:lrges t,) be paid to the :\L~hority shall comprise, as regards the water ser \'IC":5 (ul a general water r.uc p.ryahlc upon all tenc rnents, other than hllildin~s b~ll)ngin~ to the Government. situ.ucd within the prescribed Water Supply Area. whether provi ..led with services or not; (I» a Water Supply Rate. paY~lbk with respect to all tenements provided with services, in uddi tion to the aforesaid General \\'~\tcr Rate; ~(I. :!-L] Centra! Water Authority Ordinance. [IUut, IJi'llid< to h,· '"I'Pli.·" with """lcr. .\,«-,,;r\101l1 of Gf'lIf'I'lll \\'nter. Ratl'. (c) payments for water supplied by meter, inclu.]. ing supply to domestic, industrial, commercial or shipping installations. 18. For the purposes of the application of the water rates provided in the preceding. section, the areas to be supplied with water under this Ordinance, so far as they are not included within the boundaries of any Town or Village shall be defined t» Order of the Administrator in Council; and it shall be lawful for the Administrator in Council from time to time by further Order, to extend or otherwise vary the limits of the several areas . 19.-(1) The Authority shall annually assess the General Water Rate, payable by the owner of each tenement situated within the prescribed Water Supply Area, and the said General Water Rate shall be such percentage or poundage. not exceeding seven per cen tum, upon the assessed annual rental of lands, houses and buildings as the Authority shall determine. (2) The actual amount payable with respect to each individual tenement shall be assessed by the Authority, according to the method of assessment provided for the collection of house and land tax. (3) If any tenement has become liable for a Water Supply Rate, or for an increase thereof, between two successive assessments, then the Water Supply Rate, or the increment thereof, shall be calculated in proportion to the period during which the service or other appli ance giving rise 10 a claim for Water Supply Rate. or an increase thereof. shall hare been ill use. (4) Whenever water is supplied by meter, for any purpose. the price shall be determined by the Authori ty. ~t>. The Authorit , shall render Jlu free .-,-.:n icc. The 11;.lfg~s for services rendered to the Government of .aint Lucia or to any Town or Village Council shall be '-:~Il1~d to be ordinary expenses of the Government or ,f the corresponding Town or Village Council ancl shall c paid from appropriations made for such purposes. .uch payments shall be made in accordance with pro .sions in force regulating the disbursement of public unds. 21.-( 1) There shall be no direct water charge for .ater used by the Fire Brigade in cases of lire. (2, Private lire services and water used by private ire installations shall be charged in accordance with he applicable rate determined by the Authority. 2;~. There shall be no direct water charge for water iscd by the public from public fountains. but this ser ice shall be considered to be an obligation of the Gov rnment and Government shall pay to the Authority he price of water served through public fountains. ihe Authority may enter into an agreement with the .Iovernment regarding the rate to be paid for this ser Ice. Funds of the Autliorits. 23.-(1) All monies of the Authority. including mOI1 es raised on loan under this Ordinance, shall be de iosited in such manner as the Authority shall deter nine. (2) All monies received by the Accountant General or the Authority shall form a fund to be called Saint Lucia Water Authority Fund and shall be at the dispo .al of the Authority on demand pursuant to regulations made by the Authority with the approval of the Admin istrator in Council. r1fHi-J . [....'yh..'":'l.r J·,r .llt M"C\ ll't·.~. PaYln,~·u[ for flft..- -rrvi-»:... I'llhli,' fouutu lus. )Iouic·s. No, ~-1·1 Ih)J'l")\\iug hy rI,,' ~\1l1 h"r it.y, LO{lIlS atul Debentures. 2-1.--( I) Notwithstanding anything contained in am other law, the Authority may, by resolution approvcj by the Legislative Council, from time to time, anti by the issue of debentures, raise loans to be applied towards the financing or the cost of construction, ex tension, or improvement of Waterworks Systems, or for carrying out any of the purposes for which the Authority is established; and the said loans may be applied to pay the expenses incidental thereto. (2) Such loans may be contracted through any local or foreign banking institution or through any in ternational banking agency, or a combination thereof. (3) All monies which may be raised on loan under this Ordinance shall for both payment of interest anti repayment of principal and the repayment of salaries, wages, and materials used in the specific projects carried on or executed with these monies, constitute a first charge on the revenues of the Authority and in the second place upon the general revenues and assets of the Island. (4) A resolution approved by the Authority to con tract a loan shall clearly specify that the SUIllS raised to repay the expenses of issue shall be applied only to that purpose and, save as aforesaid, the money borrowed shall be appropriated and applied for the purpose of financing the cost of construction, extension or improvement of Waterworks Systems, or for carry ing out any of the purposes for which the Authority is established. (5) The resolution shall cover all details regarding debentures, including the form of the debentures, the sum of the same, the period during which they shall .\". :.'-1. J JU.) ((}II!J"(// lVilla .-1 Ill/writ)' Ordinance, LHHH. :;;.:! interest. lllc .'iigna(LJrL~ on the same, the type of ':dllPL)Jl'), regixlrat iun, provision fur payment of interest .1~11.1, for creating a sinking fund, provision for redernp [jl.lll of principal, number of days for drawing, notice ,If time and place for drawing, time when principal will ~1-: repaid, cessation of interest, delivery, and cancella uon. The resolution shall also include any other clause llr condition that may be required by the lending institutions and accepted by the Authority. Gathering Grounds. 25.--( I) All gathering grounds so limited, marked Jut, and defined as such for any existing waterworks at the time of approval of this Ordinance shall remain with the Government of Saint Lucia as provided under the Castries Water Supply Ordinance. Chapter 230. (2) Additional gathering grounds. when necessary shall be determined in accordance with regulations ap proved by the Authority: Provided that a map show ing clearly the limits and areas of the gathering grounds shall be made and kept for public reference at the office of the Authority and a notification of the com pletion of such a map shall be published in the Gazette. Defining limite of Gathcrillg Grounds and rvservo of same, Ch. 230. 26. No house or buildinu or any other constructions V o l.u ·l l· t. ~.. .' u I I. Ulil I) used or intended to be used temporarily or permanent- be crc~tcd 011 . gutheriug ly as a dwelling shall be erected on any gathering ground, ground of the Waterworks saving and excepting con strUdi,)11s intended solely for the purposes of the Waterworks. 27. Gathering grounds shall be retained as forest reserves for the protection. conservation and main tenancc of which the Chid' Forestry Officer shall he (:'ll\h"rin~ <.:r'"l11l\' 'I" be l""ltUlh\d H:I t'lln'':)t l't.''ier''''':a. 164 r 1 ( : " IIJthl:riu:..=: 1;,ULlild how t o ! ..' ." ..,t'l""l'd fur ~ . I 'tillt' u till:'! '\\~'l'" ::illl;ply. .\lIthority or ttbl'uts In;')" ,'Iller lund t o r.IIT)' out works ,"'lC. r.::> ~'li:>i~'<-: 1:; .1"':-:drdall,,·': \. ii:l ihe l'l'l)\ bllHb 01' ti: Forest, Soil ~lnd Water Couscrvat i.u: Ordinance, Ch~li La 2:5. 28. Whenc ,er the Administrator in Council shall upon the representation of the Authority or otherwk; decide that a gathering ground is required for the pur poses of extending or augmenting the Water Supply the Authority shall cause the limits or areas thereo, to be marked out, defined and mapped. as provided in section 25 of this Ordinance. and thereafter no land not then already leased or sold hy the Crown, shall he granted, devised or otherwise disposed of within such limits or area for any purpose whatsoever. 29.--(1) The Authority, or their officers, agents or servants shall, after giving reasonable notice in writing to any Municipality, have the right and power to con struct or place any part of any of its works, projects, undertakings. or property, and to operate, maintain. and extend the same across, in, over, under, through, or along any street, public highway, or any lands which may now or hereafter be the property of the Govern ment of Saint Lucia or any Municipality thereof, with out obtaining any franchise or permit therefor, but shall obtain the consent of the Director of Public Works with respect to constructions affecting public lands and highways. The Authority shall restore any such street, highway, or lands to their condition before the commencement of any operation and shall not use the same in a manner unnecessarily to impair their usefulness. (2) Whenever it becomes necessary to relocate instal lations of the Authority ·)!t:.lated on the public thoroughfare. or in any othc: -!ace, by reason or as a result or consequence of t. .xccution of a 1111hlic \. :!·I·I. ", Central Ihl'(,/ . i uthorit, Ordinance. [U)()-L .",1'1-. in the charge of the D~pJrtl1L11t of Public Works I; l)[her gll\ crruncntul :lg-:n'.:1'. rhe vost of such alloca tAl shall b-: considered as a pari ()f the expenditure ~·.lrri~d hy that Department. and shall be paid or reim ~l1rs-:d to the Authority by the a~":ll\':.\ to which the work corresponds, according to the system in force with. respect to the payrucuts for the execution of a public work: Provided that if the relocation is to be llsed for an improvement or enlargement of the Water System affected, the Authorit y shall la!~\..' charg.; of the .ulditional cost resulting therefrom, Submission of /IIII//wl Balance Sheet, 30.-(1) On or before the thirty-first day of Ma.y in each year. the Authority shall submit to the Adminis trator in Council a Balance Sheet s.?tting forth the amount 01' (£II sums collected in respect of the General Water Rate during the past t1n:!I1Ci:tI year : (h) sum» collected in respect of th; Water Supply Rate during the P:lst financial ycur ; (c) sums collected in respect of other sources of revenue connected with the Water Supply during the past financial ye.rr : (d) sums received from private rcrS,H1S in respect of services provided by the Authority "I" in respect of materials sold by the Authority, to private individuals. during the past year; (e) value of stock or tools and materials in posses sion of the Authority at the close of the past financial ycar ; (/) expenditure on administration and muiutcnnnce of the Waterworks paphk out of Current Revenue during the past IllLl11I..'i:1I )\.'JI'; .\ II II ual DIII'1Jl('\) til,,'('l lobe suhmir rcd to Administ rill 01' ill C\1\11l,·il. No. ~-t] cenu.: Waler A utliority Ordinance. [ UJ (g) evrenditure on account of Reserve Fi during the past financial year; (II) exr enditure incurred in the construction Sci'. ices on account of private persons; (i) balance available for the payment of Inter and Sinking Fund ancl for the creation 01 Reserve Fund; Woutstanding debts and liabilities at the close the financial year; anti (k) outstanding debts due to the Authority: Provided always that the Accountant General sh furnish to the Authority such statements of accounts may be necessary to comply with the requirements this section. Audit , (2) The b::::.1nce sheet and statement of the reven and expend.t.rre of the Authority shall be duly audit, by the principal audit officer or such other auditor; may be approved by the Administrator in Council. Eillimatcil of Revenue and EllfJ8nuiture. Submission of A 1I1l1/(tI Estimates. 31. On or r efore the thirty-first day of December I each year, 11:: Authority shall submit for the approv: of the Administrator in Council, an estimate settir forth (a) the Revenue to be collected during the ens. ing .mancial year on account of the Gener: Water Rate, Water Supply Rate. and oth. sources of revenue rcspectivcly ; (b) the probable expenditure 011 maintenance. ad ministration and ordinary repairs; (c) the probable cost of alterations, extensions 0 extraordinary repairs to be defrayed out 0 the Reserve Fund. · '-> '.] :--", of Centra] Willi'!' ,-' uthority Ordinance. r!fl(H. Regulations. 3~, SLlb.i~CI III till: provixiun-, of this Ordinance, the \!Jlhorit) shall, Irorn time tu time, make, and when ::l.lJ~. may add to, alter and rescind Regulations, for rhc good government of the Waterworks generally. and .n rarticular with respect In tile following matters: (0) for the use and conservation of water; II» for the care. maintenance. and protection of the facilities which are used or usable in the sup ply. distribution. consumption. or utilisation of water ; Ie) for the protection of the health of the inhabi tants of the Island; (tI) regulating the supply of water for domestic and non-domestic purposes; (e) fixing the price of water supplied by meter. subject to the provisions of this Ordinance; If) as to the assessment of Water Supply Rates; (g) as to the manner in which general Water Rates and Water Supply Rates and other payments for water are to he made. and as to the time and place of making and the manner of en forcing such payments; (11) as to the manner of making applications for services and other supplies of water; (i) as to the manner, time and place for making payments for services constructed for private and other persons; (j) as to the construction of services and as to the nature and quality of pipes, fining and materi als to be used in connection with the same; (k) as to the use of meters and as to the time of reading the same; (I) as to the conditions under which water may he shut off ; lJo\\'I~r uf .\ 1IllllJril v It) ICJ.d"'j~ . H"1,'11 lilI iou-, ,- , .) t J.,0. -t.. Central H'utcr .: utliority Ordinance, [HHil Hq;ul,ttion- 10 r.~ upprovr-d b~' Administ fill 01' in Council, .\utliorilY or .e,'nB may ,'nl.'r buildiuu ..r ph,,'" 10 ' in:4II~I.. t • P.'n"lly rur l ..[rln;;l~m':nl of ~'orlll'ltion~. (m) for the prevention of waste and extravagance in its use : (1/) for the prl.'l-:clillll uf the public Irom incivilil~. unpunciuality. n~~kcl or extortion, on the pan of l;--.~ officers. servants, or agents of the Authority; (0) for the good conduct and management of the Waterworks. 33. All Regulations made by the Authority shall be submitted to the Administrator ill Council fur approval and shall come into force on their publication in the Gazette, or at such other time as may be mentioned in such Regulations. 34.-(\) The Authority or its officers, agents or ser vants shall, when circumstances so require have access at reasonable times to any building ur place to inspect the same for the purpose of investigating any defect in the Water System and of correcting any deficiency in the water service. Any equipment, property, apparatus. or thing which exist or is maintained in contravention of the provisions of this Ordinance or any regulations made thereunder shall be deemed a public nuisance. (2) In the event of the refusal of the owner, agent, or tenant of any property, where such a nuisance exists. to remove or abate such nuisance after notice in writing is given to do so. it shall he lawful for the Authority to remove or abate the nuisance at the expense of the said owner, agent, or tenant. Pella/ties. 35. Every person who ((I) violates any of the provisions of any regula tions made under the authority of this Ordin ance; or . :!~ I\<1. ItJJ Central Wi/Il') ./ utlu nit : Ordinance. [ 1f)fj·1 . iln refuses or Ih.:gkch (ll act ill obedience of any such rcgul.uions : or tcJ resists. opposes or obstructs the lawful execu tion thereof; .lull on summary conviction for every such offence be :i.lbk to a penalty not exceeding one hundred dollars. 36. If any person supplied witl: water by the Authori ty wilfully or negligently cause or suffer any pipe. valve, cock, cistern, bath. soil pan. water closet or other .ipparatus or receptacle, [L) be put out of repair, or to be so used. or contrived as that the water supplied to him is, or is likely to be, wasted. missued, unduly con Slimed, or contaminated. or so as to occasion or allow the return of foul air or other noxious or impure matter into any pipe belonging to or connected with the pipes of the Waterworks, he shall for every such offence be liable on summary conviction to a penalty not exceed ing fifty dollars. 1'1!llIth ..... · fut' llli ..... l1-~~!lg 1'1"1I1"""ly lIt" .\111 l'<JJ"it y . 37. Every person who->- Pcuulr y for uri-u..illo.! ur' (1I) impedes the flow or water belonging to the fuuli,,·~ -":'1'" .'lIpr'!~:· Waterworks; or (h) washes clothes or any other thing in such water; or (c) bathes in the same; or (tI) waters any horse, mule. cattle or other animal in the same, or carries anv such animal to water into the sumc ; or (e) vashes in. fouls. or in any way misuses the said water; or (f) obstructs, or in anywise hinders any person duly employed in connection with the said Water \' ... ' •• , 0 •• \'.:. .~\. ~", .,: ,f , ... ~. ~loil r"" -\" "."},l't· , '·IOII.~ 1.. t..~ ~"~""" ~ .. ,,~ ~ ..ll' :lL~ ..• , L[ :\0. 24.] 170 CCIIII't:! ll':/IL'1' .-1 lit/writ)' Ordinance. [1!J1i!, ().IIlI.I ":l' .t o \\ " tl' r'''' orl" bllW . rt'\lJ\ 't'rabl, ' . I'rupcl'ty (\·qllired fur \\' au-rwor ks Low to be " ·lluir..d. Lanu .\Clillisitioll Ordinllllee IIIII \' be illvoked fvr' ucqui.siti')ll of laud. 111. IOU. (g) wilfu!l) injures or ill anyway damages the saiJ Waterworks, shall 011 sumrnarv conviction for every such offence bc liable to a penalty not exceeding one hundred dollar~. 38. 1n case any damage shall result to the Water. works from the commission of any of the offences men. tioncd in the last preceding section, it shall be lawful for the Magistrate, in addition to any punishment he may inflict, to adjudge the offend er to make cornpensa. tion to the Authority on such terms and conditions as he may think fit. Acquisition of Property. 39. H shall be lawful for the Administrator in Coun cilupon the request of the Authority to acquire for the purpose of the Waterworks, any springs, streams, or waters, and also any lands which may be required for such purpose; and to that end the Administrator in Council may agree with the owners of such springs, streams, waters or lands, and with all parties having any estate or interest in the same, for the purchase of such springs. streams, waters or lands or such part thereof as may be required, and of all rights and in terest in to and over the same. 40. In the event of the Administrator in Council and such owners. occupiers, or parties interested as afore said, being unable to agree as to the purchase money or otherwise or if the owners cannot be found, then it shall. be lawful for the Administrator in Council to proceed to acquire the said springs. streams, waters or lands under the provisions of the Land Acquisition Ordinance, or of any Ordinance which may hereafter be passed for the acquisition of land for public pur poses. ~o, ~·L I Central Wt/tt'!" Authority Ordinance, 119H4. 41. When the Administrator in Council on behalf of rh~ Authority, has taken possession of any springs, str~;\ms. waters. or lands under the authority of the r\\'l) preceding sections and subject to the payment by Ihe.Authority of any claim in respect thereof, it shall be lawful for the Authority to immediately enter upon and rake possession of such springs. streams. waters or lands; and all the estate. use, right. title and interest of all parties therein shall be vested in the Authority for the purposes of this Ordinance. 12. In all cases in which the Authority shall have a right of ~ntr) under the provision, of this Ordinance, and delivery of Pll~sc,>.,>ion shall be refused or withheld. it shall be lawful fur the Judge Il) issue his warrant to any Bailiff or Pulice Constable to enter upon the pro perty, the possession or which shall be refused or with held. and to take POssession thereof and LO deliver the possession of the same to such person as shall in such warrant he nominated to receive the same. and the Bailiff or Police Constable is hereby authorised and required to take such possession and to deliver the same accordingly, l'o\O..r of AUf hority I" "u[;:r iutu l.o ...,,,,,,io/l of lund, und prop"rty "'·(\lIirt·d. l'ow"r of .Jud~., to 1,lil('o' .\1It !to I'llY ill PO,'i:;,:.,...:j(JtI of loll ..d -, i.ll·.~uin:t.l. l:i,:111 ,If P"l'lillll ,,"(!turi,,·.\ hl Alit IlOrily to l'lIl~1' upuu I..mb wirhou, h.-in~ .J''tlllll'<\ t rl·;-.p.l .........-r. 43. It shall be lawful for any person specially autho rised thereto hy the Authority to enter upon the lands and premises on which the source of any water supply is located and also upon the lands and premises through or under which the line of pipes passes or is intended to pass. without being subject or liable to any action, suit. or proceedings. fine. penalty or punish ment for or in respect of any such entry or continua tion upon such lands and premises. Miscellaneous. 44.---(1) All offences against this Ordinance or PIY,-".·,'.< il~aill'~ H!'h'lIL,t i'\I1~ L)· against any Regulations made thereunder may be pros- wuom ecuted, and all rates or claims under this Ordinance I'ro"'·o'II!,-.!. ~o. ~4.] ",".,Iily ufwakt' "'l'l'li,·,1. •• t, r... Central Walt'( ,.J III/writ}, Ordinance. may be sued for by the Manager or by anv authorised by the Authority in writing in that before a District Court. (2) The procedure shall be that for the time b. force regulating procedure in the District Courts Warer Supply. 45.-(1) The quality of the water supplied b Authority shall be under the control of the Mil through the Department of Public Health. (1) Any person. who fails to comply with the d tions, instructions, and standards set u~ for the q u. of the water and any sanitary aspect of the W, works, shall be guilty of an offence under this Or ance, and on summary conviction liable to a fine exceeding one hundred dollars. (3) Any officer of the Department of Public He; is authorised to enter the premises of any plant waterworks for the purpose of inspecting or taki samples of water and of verifying that the directio. inst ructions, and standards issued by the Departrnc of Public Health are complied with. 46. It shall be the duty of the Authority to prevent tl pollution or contamination of the rivers, springs. well catchment areas or any water source or supply. Repeal. "l"oI. 47. lhe following Ordinances are hereby re pealed : . :?4.] ~u. Celllrut Wula A utltoritv Ordinance. , lUIH. (a) The Castries Water Supply Ordinance, Chapter 230 ; (b) The Towns and Villages (Water SUPDly) Ordin ance, Chapter 240. ' 48. Whenever the provisions of this Ordinance or of III tilt: e vcu t of 'L conflic t (Jf any regulations made thereunder are in conflict or in- luws t he . t itl I . . f tIll ti provisions ofconsisten WI 1 t ie prUVISlOnS 0 any 0 rer aw re a 109 t his Or<..lill,'I1':~ [0 the control of water supply the provisions of this to pr,'vllil. Ordinance and the Regulations made thereunder shall prevail. F. J. CLARKE, Speaker. Passed this 2nd day of October, 1964. D. M. THO,\1.-\S, Acting Clerk of the Legislative Council, ST. LUCIA 1-1\1 STU) BY 1111: (;()\TRS:-tr~r I'IUS[l!' U Tin: l~O\:I'R:S:-IrS1' Pi.lSTlS(~ fl:"i-tC=-. C.\:"TI\F."i. I 'i·;. LPr',,!:~":\ ce ,,,~.-"