[Section 69 Subsection (2) amended by No. 99 of 1982, s. 3 and Sched. 2 ]**[Section 69 Subsection (2) amended by No. 67 of 1994, s. 3 and Sched. 1 ]
(1) *[Section 69 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ]*No person shall –
(a) destroy or injure any part of the undertaking;
(b) remove, injure, or destroy any survey peg or landmark inserted or made in connection with any work constructed under the authority of this Act or the special Act ;
(c) in any manner prevent or obstruct the flow of water in or through any part of the undertaking; or
(d) otherwise injure or obstruct the passage of the water through any part of the undertaking.
(2) *[Section 69 Subsection (2) amended by No. 75 of 1973, s. 2 and Sched. 1 ]*No person shall draw water contrary to an order served on him under section 29 .
(3) *[Section 69 Subsection (3) amended by No. 67 of 1994, s. 3 and Sched. 1 ]*No person shall –
(a) bathe in any stream or channel above and within the prescribed distance of the undertakers' source of supply or in any lake which is a source of supply within the prescribed distance of the intake of the waterworks or in any reservoir or other part of the undertakers' waterworks, or wash, throw, or cause or permit to enter therein any animal, whether alive or dead;
(b) throw any rubbish, dirt, filth, or other noisome thing into any lake, stream, or channel from which the undertakers are lawfully diverting water, so as to affect the undertakers' source of supply, or into any reservoir or other part of their undertaking, or wash or cleanse therein any cloth, wool, or leather, or the skin of any animal, or any clothes or other thing;
(c) cause or permit the water of any sink, sewer, drain, steam engine, or boiler, or other filthy water belonging to him or under his control to run or to be brought into any such lake, stream, or channel so as to affect the undertakers' source of supply, or into any reservoir or other part of the undertaking, or do or permit to be done any other act whereby the water in the undertaking or any water supplying the same is fouled; or
(4) Notwithstanding anything in subsection (3) , where the water affected by any of the acts mentioned in that subsection will not be used for some purpose for which that act makes it unsuitable, no offence against that subsection shall be deemed to have been committed.
(5) *[Section 69 Subsection (5) amended by No. 67 of 1994, s. 3 and Sched. 1 ]*No person shall –
(a) being the owner or occupier of any land supplied with water under this Act or the special Act , supply any other person or wilfully permit any other person to take any of such water from any cistern, channel, or service, or on such premises, except for the purpose of extinguishing a fire, or unless such other person is a person supplied with water by the undertakers from their waterworks, and the channels leading or belonging to him are out of repair otherwise than through his own fault;
(c) make any channel to communicate with any waterworks or channels of the undertakers without the authority of the undertakers in that behalf;
(d) wilfully or carelessly break, injure, operate, or interfere with, any lock, cock, valve, pipe, work, or engine belonging to the undertaking, or flush or draw off the water from the reservoirs or other waterworks of the undertakers, or do any other wilful act whereby such water is wasted; or
(e) foul the water supplied by the undertakers by making or supplying gas.
(6) Nothing contained in subsection (5)(a) affects the supply of water in a domestic or social way to persons on the land supplied.
(6A) [Section 69 Subsection (6A) inserted by No. 46 of 1997, s. 13, Applied:11 Nov 1998] A person must not, without the permission of the undertakers, take any water from any reservoir, watercourse or channel belonging to the undertaking, or any channel leading to any such reservoir, watercourse or channel or from any cistern or other like place containing water belonging to the undertaking other than water which is provided for the gratuitous use of the public.
(a) in the case of a first offence, to a penalty of one penalty unit; or
(b) in the case of a second offence in the same irrigation season, to a penalty not exceeding 3 penalty units; or
(c) in the case of a third or subsequent offence in the same irrigation season, to a penalty not exceeding 5 penalty units.
(6C) [Section 69 Subsection (6C) inserted by No. 46 of 1997, s. 13, Applied:11 Nov 1998] On a conviction for an offence under subsection (6A) , the court may order that the supply of water by the undertakers to the person convicted be discontinued for a period of 3 days in the case of a first offence, a period of one week in the case of a second offence or for a period of 2 weeks in the case of a third or subsequent offence.
(7) *[Section 69 Subsection (7) amended by No. 67 of 1994, s. 3 and Sched. 1 ]*Where the undertakers supply water in a separate channel for a special purpose, a person who draws, or by making a channel to communicate with that channel attempts or prepares to draw, water from that pipe for some other purpose is liable to a fine –
but judgment for a penalty under this subsection is a bar to an indictment for stealing or attempting to steal water by means of the same opening in that channel.
(8) *[Section 69 Subsection (8) amended by No. 67 of 1994, s. 3 and Sched. 1 ]*A person supplied with water by the undertakers shall not suffer any channel or other apparatus by means of which his land is supplied with water to be out of order so that the water supplied to that land by the undertakers is wasted.
(9) *[Section 69 Subsection (9) amended by No. 67 of 1994, s. 3 and Sched. 1 ]*A person shall not permit or suffer the drainage from any yard, pigsty, stable, cow-house, sawmill, or other place to so run, drain, or percolate as to render the water in the waterworks or supplying them unwholesome.
(10) Every person convicted of any offence against this Act may be ordered to pay, in addition to the penalty imposed in respect of the offence, a sum equal to the value of the property damaged or destroyed by him by reason of the commission of the offence.