Water Supply Act (Cap. 18)

SOLOMON ISLANDS THE WATER SUPPLY ACT CHAPTER 18 This Act is reprinted as set out in the Reuised Edition of the Laws, 1969 and amended by or under • The Britiah Solomon Islancla (Name of Territory) Order 1975 (LN 26 of 1975); The Solomon Islands Independence Order 1978 (LN 43 of 1978); and The Citation of Ordinances Act 19'18 (No l? of 1918); and contains the law in force as at 1st Augiut 1981. PRINTED BY AUTHORITY OF THE MINISTER OF LAW 1 2 Water Supply - Cap 18 ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Minister to administer Act. PART! SUPPLY OF WATER TO HONIARA 8, Chief Executive Engineer may construct aqueducts, etc., and enter lands for purpose. 4. Chief Executive Engineer may enter and survey land, etc. 5. Chief Executive Engineer may open up streets and lay pipes, et.c. 6. Chief Executive Engineer may erect public fountains, etc. 7. Chief Executive Engineer shall fix fire plugs. 8, Penalty for soiling water supply. 9. Penalty for molesting Chief Executive Engineer, injuring water pipe, etc. or wasting water. 10. Compensation for land damaged by Chief Executive Engineer. 11. Mode of awarding compensation. 12. Supply through meter. 18. Testing the accuracy of met.era. 14. Offences in regard to meter. 15. Collection of charges. 16. Rules. 1 7. Power to disconnect supply. 18. Power to prohibit or restrict the use of water for speci fied purposes. 19. Indemnity of Minister. PART II SUPPLY OF WATER TO OTHER PARTS OF SOLOMON ISLANDS 20. Extension of Act to other areas of Solomon Islands. 21. Delegation of powers. Water Supply - Cap 18 3 THE WATER SUPPLY ACT AN ACT relating to Water Supply. 4 Short title. Minister to administer Act. Chief Executive Engineer may construct aqueducts, etc., and enter lands for purpose. Cap. 93. Chief Executive Engineer may enter and 11urvey land, etc. WaterSupply-Cap 18 1. This Act may be cited as the Water Supply Act. 2. The Minister shall be charged with the administration of this Act. PART I SUPPLY OF WATER TO HONIARA 3. The Chief Executive 'Engineer shall have power to make and construct such cuts, channels, feeders, cat.ch-drains, reservoirs, aqueducts, tunnels, pipes, pipe tracks, conduits. filters, trenches, mounc:IJ, engines and works, and machinery as he may think necessary, proper or convenient for conducting an adequate supply of water to Honiara, together with such reservoirs and other works as the Chief Executive Engineer shall think neces sary for securing regularity in the said supply · of water, and to clean, uphold and repair the said works and machinery in all times ensuing, and for any and every such purpose to enter upon, take and use any lands required to be entered, taken · or used for- such purpose: Provided always that the Chief Executive Engineer shall do as little damage as may be in the execution of the several powers herein. contained: Provided· that any land taken for the purposes of this section shall be acquired in accordance with the provisiQm of Put V of the Land and Titles Act. 4. The Chief Executive Engineer may enter .into and upon any land· what.soever required for the purposes of this Act and survey and take le.vels of the same and set out and ascertain such parts thereof as he shall think necessary and proper for making or erecting any works or machinery authorised by this Act, and and may also bore, dig, cut, trench, get, remove, take and convey away and lay earth, clay, stone, rubbish and beds of gravel or sand for making works which may be got in carrying on the said works: Provided that the Chief Executive Engineer shall do as little damage as may be in the execution of the several powers herein contained. Water Supply - Cap 18 5. It shall be lawful for the Chief Executive Engineer from time to time as occasion may arise to open up any street, lane, court, road, path, passage and access of any description within the boundaries of Honiara for the purpose of laying pipes and conductors of water to such parts thereof as he shall deem expedient and for the purpose of maintaining, altering, repairing or cleansing such pipes and conductors and, upon the application of any person desiring the 881lle, to supply water to dwelling• houses or other premises of any description: Provided always that in all such cases the Chief Executive Engineer shall replace the streets, lanes, courts, roads, paths, passages and accesses interfered with by him and the pavement.& (if any) of the same in like situation, order and condition as they were previously. 6. It shall . be lawful for the Chief Executive Engineer to erect and maintain in areas to which there is a public right of access such number of public fountains, baths and washing places as he shall deem expedient, to which the public shall, subject. to any rule made under section 16 hereof, have free access. 7. The Chief Executive Engineer shall fix proper hydrants in the main 811d other pipes which he considers proper·and conv• nient for the extinguishment of fire and it shall not be lawful to make any charge for water supplied for such purpose. 8. Every person who washes any animal or any clothes, wool, leather or the skin of any animal or any noisome or ·offensive thing or throws or casts any dead animal or any filth, dirt or other noisome or offensive thing or who bathes in any wat.er, fountain, reservoir, basin or aqueduct, tunnel or water-way made or used to supply water for human consumption, or who causes or suffers the water of any sewer or drain to run or be conveyed into. any pipe or wat.er-way, or who causes or pennits any other thing whatsoever to be done to the wat.er contained therein whereby or by means whereof the wat.er or any part thereof is or may be soiled, . fouled, conupted or injured shall be liable on conviction to a fine of one hundred dollars and in default of payment to imprisonment for three months. 5 Chief Executive En,ineer may open up 1treeta md lay pipes, etc. Chief Sxeeuiin En81neer may erect public fountains, etc. Chief he~dve Bnpnffr 9hallftx fire plu11. Penalty for IOiJinl Water supply. 6 Penalty for moJeatJna: Chief Executln En1ineer, lnjurin1 water pipe, etc. or wutlns water. Compensa• tlon for land dama Fd by Chief Executm Enslneer. Mode of awardinl compensation. Supply throuah meter. Water Supply - Cap 18 9. (1) Every person who (a) wilfully obstructs, hinders or moJest.s tn, Chief Execu tive Engineer or any person employed by him in carry ing into effect the provisions of this Act; (b) iltjures any fountain, pump, cock, valve or wat,er pipe, cistern, reservoir, fence or public water-course or any part thereof respectively in the possession or charge of the Chief Executive Enpieer; ( c) opens or leaves open any cock, valve or any such fountain or pump so that the wat,er runs or may run to waste, shall be liable to a fine of twenty dollars and in default of pay• ment to imprisonment for one month. 10. Every person whose land haa been used in laying down water pipes or otherwise for the purposes · of this Act shall be entitled to reasonable compensation for any dam.age sustained by him by reaaon of such use of his land, such compensation to be ascertained and awarded in manner hereinaft.er mentioned. 11. In all cases in which compensation is claimed it shall be law ful for the Chief Executive Engineer, subject to the approval of the Minister, to agree with the claimant for the payment of such sums of money by way of compensation as the Chief Executive Engineer may think reasonable and. \lPOn any such agreement being made, the sum so agreed upon shall be· paid accordingly, •d in all cases it shall be lawful for the Chief Executive Engineer to tender to the claimant such sum by way of compensation as the Chief Executive Engineer shall think fit, and in -case the Chief Executive Engineer and the chwnant do not a,ree upon the amount to be paid the same shall· be determined in the Court by an action for damages to be brought by the claunant 1,1gainst the Chief Executive Engineer. 12. (l) The Chief· Executive Engineer may bf notice in writing direct that any person being a consumer supplied with water or desiring to be supplied with water whether for domestic purposes solely or otherwise shall be supplied through a met.er provided by the Chief Executive Engineer. (2) Any moneys payable in connection with water supplied through a meter shall be deemed to be a charge within the meaning of this Act and may be ,:ecoverable from the conaumer Water Supply - Cap 18 13. (1) If the accuracy of the meter is questioned by the consumer and notice in writing thereof is given to the Chief Executive Engineer accompanied by a fee of one dollar the meter shall be tested. (2) If the meter is found upon such test to register correctly or less than the amount of water passing through the meter the fee of one dollar shall be paid into the public revenue. (3) If the meter is found upon test to register more than two per cent in excess of the amount of water passing through, the meter shall be repaired and replaced or renewed without charge to the consumer and the fee of one dollar returned to the consumer. 14. (1) No person, other than the Chief Executive Engineer, shall provide any meter for the supply of water under this Act. (2) No person, other than a person authorised by the Chief Executive Engineer, shall fix, refix, remove, alter, repair or otherwise interfere with a meter. (3) Any person contravening any of the provisions of this section shall be liable on conviction to a fine of twenty dollars and in default of payment to imprisonment for one month and in addition thereto the Court may order any persons convicted of an offence against subsection (2) hereof to pay to .the Chief Executive Engineer the cost of all necessary repairs, alterations and replacements of such meter. 15. (1) All charges for water supplied under this Act shall be paid to the Chief Accountant on demand and the Chief Accountant may sue for and recover the same in the Court. (2) If any charges remain unpaid for a period of thirty days after. the same have been lawfully demanded the Chief Executive Engineer may, after consultation with a medical officer or Chief Health Inspector, disconnect the supply and, on payment thereof, make such charge for the re-connection of the supply as may be prescribed. 16. (1) It shall be lawful for the Minister from time to time to make such rules as he shall think necessary f ot the (a) position and construction of and the size, material, • kind and number of service pipes to any house premises and property and of the wawr supply fittings therein; (b) inspection of service pipes and wat'A!r supply fittings; (c) prevention, notification and repairing of leaks in service Testing the accuracy of meten. Offence, In regard to meter. Collection ofChllflel. Rulll, 7 8 WaterSupply-Cap 18 pipes or water supply fittings; (d) licensing of persons to perform work connected with the supply of water; (e) the charge to be made for water supplied, otherwise than by meter, and the method by which it shall be imposed and collected; (f) position and construction of and the use, inspection and approval of meters and the charge therefor includ ing meter rent and the amount of deposit against cost of a meter and the scale of charges to be made when water is supplied by meter; (g) charge to be made for water supplied to ships, boats, hulks, steamers or other vessels and the method of collecting the same: Provided that it shall be lawful for the Minister from time to time to exempt any of Her Majesty's ships of war or the ships of war of any foreign power from payment of any charge for water supplied; (h) exempting such persons, corporations, institutions or otherwise, as the Minister shall think fit from the payment of charges under this Act; (i) charges to be made for water supply fittings, pipes and installations and for any other thing supplied or service· rendered in connection with the supply of water;· (j) generally for such other purposes as may be found necessary for the maintenance of any efficient wat.er supply to all users of the same and for carrying out the purposes of this Act. (2) Any person contravening any of the provisions of such rules shall be liable to a fine of ten dollars and may in addition have.his water supply cut off: Provided that such water supply shall not be cut off unless a medical officer or the Chief Health Inspector shall first have been consulted. NOTE: See the Wat.er Supply Rule11 (p. 1043 of Rev. Edn.) 311 amended by LN 26 of 1971 and LN 62 of 1975. Subsidiary legislation under this Act, including rules under this section, are required, by virtue of section 56 of the lnt.erpretation and General Provisions Act 1978, to be laid before Parliament and may be annulled by resolution of Parliament. Water Supply-Cap 18 1 7. Whenever the quanitity of water available has diminished to such an extent that it is expedient in the opinion of the Chief Executive Engineer to diminish the supply of water he may, with the approval of the Minister and after giving public notice of his intention to do so • (a) lessen the supply of 1ht.er throughout the whole or part of the water supply system to such extent for such time ·aud in such manner aa he may think proper; or (b) 1-81'l the supply to any particular class or classes of consumers; or (c) for such time as he may think proper discontinue the supply for any particular purpose: Provided that in the execution of the powers conferred by this section the Chief Executive Engineer shall as far as practicable maintain a constant and undiminished supply of water for domestic purposes. 1.8. (1) Whenever the quantity of water available has diminished to such an extent or, if for any other reason, the Chief Executive Engineer considers that in order to maint.ain supplies of water it is expedient so to do, he may, With the approval of the Minister, by notice prohibit or restrict the use of water for any purpose which he shall specify in such no11ice. (2) A notice under this section may .be directed to any particular consumer or group of consumers or may be applied to any area to which the provisions of this Act apply, or-part thereof. 19. The Minister shall not in any case be liable to action for dam8f!es by reason of non-supply of water caused by any defect in pipes or otherwise or by reason of stopping water for. the purpose of repairs or alterations to any pipe or part of the water works or for any other act done in the execution of this Act, PART II SUPPLY OF WATER TO OTHER PARTS OF SOLOMON ISLANDS 20 It shall be lawful for the Minister by order from time to time to apply the provisions of this Act to such areas of Solomon Islands as he shall deem proper and thereupon the Chief Executive Engineer shall have the same rights and powers with respect to such areas as he has with respect to Honiara under this Act and all Powerto diseoatnecc supply. Power to prohit,!tor reatrlct · the Ille ofwatft for apeclfie4 purposes. 9 lndemnltY of Mhalster •. Extension of Act to other anuof Solomon Islands. 10 Delosatlon ofpowen. Water Supply - Cap 18 the provisions of this Act except such as may be excluded in the order . shall have application to such areas as if the same formed part of Honiara. NOTE: See Order applyinr the Act to certain areaa (p. 1048 of Rev. Edn.). See also second note to section 16 above. 21. The Chief Executive Engineer may, subject to the approval of the Minister, delegate to any officers any or all of his powers under this Act with respect to an area to which the provisions of this Act have been applied under section 20. Prlnted by the Government Printing Works T. Kaleti, Chief Printing Officer Honiara, Solomon Islands