Part I Preliminary

1 Short title

This Act may be cited as the Waterworks Clauses Act 1952 .

2 Interpretation

*[Section 2 Amended by No. 39 of 1957, s. 2 and Sched. 1 ][Section 2 Amended by No. 54 of 1963, s. 11 ][Section 2 Amended by No. 17 of 1989, s. 4 ]**[Section 2 Amended by No. 30 of 1995, s. 3 and Sched. 1 ]*In this Act, unless the contrary intention appears –

lake includes swamp, pond, dam, and well;

prescribed means prescribed by by-law;

source of supply means any place from which the undertakers are by the special Act authorized to take water for the purposes of the special Act;

stream includes spring, brook, river, and other running water;

street includes any highway, other than a highway through a building, and any public square, court, or place within the limits of the special Act;

take, used in relation to water, includes divert and hold back;

[Section 2 Amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000]

the limits of the special Act, if not specified in the special Act, means the water district and the vicinity of the source of the supply, and any lands required for bringing water from the source of supply into the water district;

[Section 2 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] the special Act means any Act authorizing the construction of waterworks with which this Act or any part thereof is incorporated;

the undertakers means the persons authorized by the special Act to construct the waterworks;

the undertaking means the waterworks, and all works, engines, buildings, pipes, and other accessories connected therewith authorized by the special Act to be constructed, laid, installed, or maintained by the undertakers for the purposes of the special Act;

water district means the water district defined by or under the special Act;

water storage area means land that is used for the storage of water for supply to the public for domestic purposes in a water district and any land appurtenant to any such storage area.

3 Incorporation with special Act

This Act shall extend to all undertakings authorized by any Act which declares that this Act is incorporated therewith, or which is declared by some Act to have this Act incorporated therewith; and all the sections of this Act, save so far as they are expressly varied or excepted by any such Act, shall apply to the undertaking thereby authorized, so far as they are applicable to that undertaking, and shall, with the sections of every other Act which is incorporated therewith, form part of any such Act, and shall be construed therewith as forming one Act.

Part II Construction of Waterworks

4 Acquisition and disposal of property

The undertakers may, upon such terms and conditions as they consider desirable, purchase, take on lease, hire, or otherwise acquire any land, goods, interest, or right required by them for the purposes of the special Act and may dispose of them, if no longer required, to any person and in any manner.

5 Compulsory acquisition of land

*[Section 5 Amended by No. 24 of 1993, s. 3 and Sched. 1 ]*The undertakers may purchase or take in accordance with the provisions of the Land Acquisition Act 1993 any lands or any estate or interest therein which they may require for the purposes of the special Act.

6 If compensation is excessive, undertakers may withdraw

*[Section 6 Amended by No. 24 of 1993, s. 3 and Sched. 1 ]*Where any estate or interest in land is taken under section five and the compensation payable to any person in respect thereof is determined as in cases of disputed compensation to be an amount the undertakers think not desirable to pay, they may, notwithstanding that the time limited in section 23 (1) of the Land Acquisition Act 1993 has expired, take action otherwise in accordance with and subject to that section.

7 Power to enter on land and construct works, &c.

The undertakers may –

(a) sink such wells or shafts, construct, maintain, lay down, alter, and discontinue such reservoirs, embankments, cisterns, tanks, aqueducts, drains, cuts, sluices, pipes, conduits, mains, culverts, engines, and other works, appliances, and buildings upon the lands, streams, and lakes authorized to be taken by them, as may be necessary to provide a supply of water for any of the purposes of the special Act;

(b) for the purpose of constructing, inspecting, maintaining, altering, relaying, or discontinuing any such works, appliances, or buildings, enter upon any lake, or stream, or the beds and banks thereof, and upon any lands, with vehicles and workmen and there take levels and set out works as the undertakers think necessary;

(c) dig, cut, trench, and break up the soil of any such land, and remove all earth, stones, trees, and other things dug or obtained out of the same, and use such materials in the construction or maintenance of any of the works authorized by the special Act; and

(d) for the purpose of exercising any of the powers conferred by this section, enter into such contracts as the undertakers may deem advisable.

8.

[Section 8 Amended by No. 39 of 1957, s. 2 and Sched. 1 ] [Section 8 Subsection (2) amended by No. 24 of 1993, s. 3 and Sched. 1 ] [Section 8 Subsection (5) Amended by No. 39 of 1957, s. 2 and Sched. 1 ] [Section 8 Subsection (6) amended by No. 55 of 1965, s. 5 ] [Section 8 Repealed by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000]

8A Purchase of water

*[Section 8A Inserted by No. 54 of 1963, s. 2 ]*For the purposes of the special Act the undertakers may buy water in bulk from any water authority or other person.

9 Power to break up streets, open drains, and lay pipes

The undertakers, under such superintendence as is specified in section eleven , may open and break up the soil and pavement of any street or bridge within the limits of the special Act, and may open and break up any sewers, drains, or tunnels within or under such streets and bridges, and lay down and place within those limits pipes, conduits, service pipes, and other works and engines, and repair, alter, or remove them, and for those purposes remove and use all earth and materials in and under such streets and bridges, and do all other acts which the undertakers shall deem necessary for the purposes of the special Act.

10 Notice to be given before breaking up streets or opening drains

Before the undertakers open or break up any street, bridge, sewer, drain, or tunnel, they shall give to the persons under whose control or management those things may be, or to their clerk, surveyor, or other officer notice in writing of their intention to open or break them up, not less than seven clear days before beginning the work, except in cases of emergency arising from defects in any of the pipes or other works, and then so soon as is possible after the beginning of the work or the necessity for it has arisen.

11 Streets, &c., not to be broken up except under superintendence of persons controlling them

(1)  [Section 11 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] No street, bridge, sewer, drain, or tunnel shall, except in the cases of emergency mentioned in section ten , be opened or broken up except under the superintendence of the persons having the control or management thereof, or of their officer, and according to a plan approved by those persons or their officer, or in case of any difference respecting the plan, then according to a plan determined by a magistrate or two other justices.

(2)  [Section 11 Subsection (2) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] The magistrate or justices may, on the application of the persons having the control or management of any such sewer or drain, or their officer, require the undertakers to make such temporary or other works as he or they may think necessary for guarding against any interruption of the drainage during the execution of any works which interfere with any such sewer or drain.

(3)  If the persons having such control or management, and their officer, fail to attend at the time fixed for the opening of any such street, bridge, sewer, drain, or tunnel, after having had notice in accordance with section ten or do not propose any plan for the breaking up or opening, or refuse or neglect to superintend the operation, the undertakers may perform the work specified in their notice without the superintendence of any such persons or their officer.

12 Streets, &c., broken up to be reinstated without delay

Whenever the undertakers open or break up the road or pavement of any street or bridge, or any sewer, drain, or tunnel, under the authority of this Act, they shall, with all convenient speed, complete the work for which the same was broken up, and fill in the ground, and reinstate and make good the road or pavement, or the sewer, drain, or tunnel so opened or broken up, and carry away the rubbish occasioned thereby, and shall, at all times while any such road or pavement is so opened or broken up, cause the same to be fenced and guarded, and a light sufficient for the warning of passengers to be set up and kept against the same every night, and shall, after replacing or making good the road or pavement which has been so broken up, keep it in good repair for three months thereafter, and such further time, if any, not being more than twelve months in the whole, as the soil so broken up may continue to subside.

13 Penalty for delay in reinstating streets, &c.

(1)  *[Section 13 Subsection (1) amended by No. 55 of 1965, s. 5 ]**[Section 13 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ]*If the undertakers open or break up any street or bridge, or any sewer, drain, or tunnel, without giving notice under section ten , or in a manner different from that which has been approved of or determined under section eleven , or without making temporary or other works under section eleven when so required, except in the cases in which the undertakers are authorized to perform such works without any superintendence or notice, or, if the undertakers make any unnecessary delay in completing any such work, or in filling in the ground, or reinstating and making good the road or pavement, or the sewer, drain, or tunnel, so opened or broken up, or in carrying away the rubbish occasioned thereby, or if they neglect to cause the place where such road or pavement has been broken up to be fenced, guarded, and lighted, or neglect to keep the road or pavement in repair for the space of three months next after the same is made good, or such further time as is mentioned in section twelve , they shall forfeit to the person having the control or management of the street, bridge, sewer, drain, or tunnel in respect of which such default is made a sum not exceeding 0·1 penalty unit for every such offence, and an additional sum of 0·1 penalty unit for each day during which any such delay continues after they have received notice thereof.

(2)  Nothing in this section shall take away any other right of action, except from persons who have taken action for the penalty hereby provided, and no persons who have brought action otherwise for any such default, may recover a penalty under this section for the same default.

14 Power of persons having control of streets, &c., to reinstate them in case of delay

If any such delay or omission takes place, the persons having the control or management of the street, bridge, sewer, drain, or tunnel in respect of which the delay or omission takes place may cause the works so delayed or omitted to be executed, and the expense of executing them shall be repaid to those persons by the undertakers.

14A Works on private land

*[Section 14A Inserted by No. 54 of 1963, s. 3 ]*For the purposes of the special Act the undertakers may, after giving the owner and occupier of the land affected three days' notice in writing signed by their warden, town clerk, secretary, or similar officer of the intended entry, enter upon any private land within the limits of the special Act and there open and break up the soil and lay down and place pipes, conduits, service-pipes, and other works and engines, and repair, alter, or remove them.

15 Undertakers to do as little damage as possible

In the exercise of the powers conferred upon them by this Act, the undertakers shall do as little damage as may be, and, so far as is practicable, shall cause all land used in or in connection with the erection or construction of any works to be restored to its original character, and shall provide other watering-places, drains, and channels for the use of adjoining lands in place of any such watering-places, drains, or channels as are taken away or interrupted by the undertakers.

16 Compensation for injurious affection of land

(1)  Except as provided in section seventeen the undertakers shall make compensation to all persons having a lawful interest in any land, other than land purchased by the undertakers, in or upon which any works connected with the undertaking may hereafter be constructed or done, or which may be injuriously affected by the construction and maintenance of the undertaking or otherwise by the exercise by the undertakers of any powers conferred upon them by this Act, for all damage sustained by reason of the exercise, as to such land, of the powers so vested in the undertakers.

(2)  Any person claiming compensation under this section shall prefer his claim by notice in writing, specifying –

(a) the place of abode of the claimant;

(b) the particular act occasioning the damage for which compensation is claimed;

(c) the nature and amount of such damage; and

(d) the nature of the title or interest of such claimant in or to the land in respect of which the claim is referred.

(3)  If the undertakers, by notice served upon any person, require him to make a claim for compensation for any damage occasioned by the exercise, prior to such service, of any of the powers conferred on the undertakers by this Act, that person shall not be entitled to compensation for any damage sustained by reason of the exercise of any such powers prior to the service of such notice unless he prefers his claim, in accordance with this section, within six months after the service on him of such notice.

(4)  *[Section 16 Subsection (4) amended by No. 24 of 1993, s. 3 and Sched. 1 ]*If the claimant and the undertakers do not agree as to the amount of the compensation, the claim for compensation shall be determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993 .

17.

[Section 17 Amended by No. 39 of 1957, s. 2 and Sched. 1 ] [Section 17 Subsection (4) amended by No. 24 of 1993, s. 3 and Sched. 1 ] [Section 17 Subsection (5) substituted by No. 24 of 1993, s. 3 and Sched. 1 ] [Section 17 Subsection (5A) inserted by No. 24 of 1993, s. 3 and Sched. 1 ] [Section 17 Subsection (7) amended by No. 61 of 1996, s. 15 ] [Section 17 Repealed by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000]

Part III Supply of Water

18 Supply of clean and wholesome water for domestic use

(1)  The undertakers shall provide and keep in the pipes laid down by them a supply of pure and wholesome water sufficient for the domestic use of all the inhabitants of the water district who are entitled to demand a supply and are willing to pay the proper rates and charges for it.

(2)  Except when it is necessary to turn off the water for the purposes of the alteration or maintenance of the undertaking, the supply shall be constantly laid on at such a pressure as will make the water reach the top storeys of the highest houses in the water district, unless it is provided in the special Act that the water supplied by the undertakers need not constantly be laid on at such pressure.

(3)  *[Section 18 Subsection (3) added by No. 17 of 1989, s. 5 ]*In this section,

pure and wholesome means clean, free from obvious suspended matter, and free from toxic substances and pathogenic organisms in amounts harmful to humans.

19 Persons entitled to demand supply

(1)  *[Section 19 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ]*Every occupier for domestic purposes of any land within a water district, a boundary of which is within 30 metres by the shortest practicable route of any main or other pipe laid down by the undertakers shall be entitled, on demand, to a supply of water for domestic purposes.

(2)  *[Section 19 Subsection (2) added by No. 68 of 1962, s. 46 ]*Where the usual pressure of water in the main or other pipe to be drawn from is insufficient constantly to make water reach the level required by an occupier who makes a demand under this section, the undertakers may refuse the supply demanded except for a house existing at the creation of the water district.

20 Power to limit domestic supply

[Section 20 Amended by No. 23 of 1960 ]**[Section 20 Substituted by No. 54 of 1963, s. 4 ]

(1)  *[Section 20 Subsection (1) amended by No. 54 of 1963, s. 4 ]*The undertakers' liability under section nineteen may be limited by by-laws made under this Act or the special Act providing that the undertakers may refuse to supply water for –

(a) gardens generally, or gardens of any particular kind;

(b) [Section 20 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] domestic machinery, but not flushing systems for water closets unless the Minister administering the Public Health Act 1997 has first approved;

(c) domestic industries;

(d) swimming baths, fishponds, fountains, and artificial streams and pools;

(e) washing vehicles; or

(f) any other use specified in the by-law which is different from the uses of water commonly made in the dining-room, kitchen, bathroom, or laundry of a dwelling-house, in which uses the washing of floors is deemed to be included.

(2)  Instead of providing for refusal to supply water under subsection (1) of this section the undertakers may by such by-laws provide –

(a) for a limited use of water for the purposes set forth in that subsection by a limitation in respect of time, manner, or purpose; and

(b) that any additional use be subject to section twenty-five .

21 Rights to have mains extended

(1)  If any owners or occupiers of houses in any part of the water district request the undertakers to provide a supply of water and if the aggregate minimum amount of water rates payable by him or them annually at the rates then current would be not less than a tenth of the estimated capital cost of providing the supply, the undertakers shall provide the supply requested.

(2)  *[Section 21 Subsection (2) amended by No. 75 of 1973, s. 2 and Sched. 1 ]*To bring water to a part of a water district for the purposes of this section the undertakers shall lay down the necessary pipes to within 30 metres of every piece of land in that part, unless the owner or occupier requiring the supply requires only a pipe within some greater distance.

(3)  No such request shall be binding on the undertakers unless the owners and occupiers severally execute an agreement binding themselves to take a supply of water for three successive years at least.

22 Penalty for neglect to extend mains

(1)  *[Section 22 Subsection (1) amended by No. 55 of 1965, s. 5 ]*If for ninety days after demand in writing made to the undertakers, and tender made of an agreement, signed by the requisite number of owners or occupiers, to take and pay for a supply of water for three years or more, the undertakers refuse or neglect to lay down the necessary pipes, and to provide a supply of water as provided in section twenty-one or in the special Act they shall forfeit to each of such owners and occupiers the sum of four dollars for every day during which they refuse or neglect to lay down such pipes or to provide such a supply of water.

(2)  The undertakers shall not be liable to any penalty for not laying down pipes if they are unable to obtain the necessary labour or materials, or for not supplying water if the want of supply arises from frost, unusual drought, or other unavoidable cause or accident.

23 Supply of water to ships

[Section 23 Amended by No. 5 of 1966, s. 2 ][Section 23 Amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] [Section 23 Amended by No. 41 of 2005, Sched. 1, Applied:31 Dec 2005] At any port within the water district the undertakers may supply water to ships in the port upon terms to be agreed upon between the undertakers and the Tasmanian Ports Corporation Pty. Ltd. (ACN 114 161 938) or, in default of agreement, as may be determined by the Minister, and may lay down, maintain, and operate works necessary for the purpose.

24 Supply of water to be kept for cleansing sewers, drains, &c., and for other public purposes

(1)  In all their pipes to which any fire-plug is fixed the undertakers shall provide and keep constantly laid on, unless prevented by frost, unusual drought, or other unavoidable accident, or during necessary repairs, a sufficient supply of water for the following purposes:

(a) For cleansing the sewers and drains;

(b) For cleansing and watering the streets; and

(c) For supplying any public pumps, baths, or wash-houses established or maintained by the council for the use of the inhabitants.

(2)  [Section 24 Subsection (2) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] *[Section 24 Subsection (2) Amended by No. 39 of 1957, s. 2 and Sched. 1 ]*Water supplied for the purposes of subsection (1) of this section shall be provided at such rates, in such quantities, and upon such terms and conditions, as may be agreed upon between the council and the undertakers, or, in case of disagreement, as may be settled by the Minister.

25 Supply of water for purposes other than domestic purposes

[Section 25 Subsection (1) Amended by No. 39 of 1957, s. 2 and Sched. 1 ]**[Section 25 Substituted by No. 54 of 1963, s. 5 ]

(1)  The undertakers may furnish to any person a supply of water for such purposes other than domestic purposes, including purposes for which a supply is refused or limited under section twenty , as they may determine, and at such charges and upon such terms and conditions as may be agreed upon between the undertakers and that person or as may be prescribed.

(2)  The charge for supplying water under subsection (1) of this section shall be the same to all persons in the same circumstances and requiring the same extent of supply.

(3)  Water supplied under section nineteen and under this section may be supplied by the same pipe and if that is done the charges, including rates, for the several purposes shall be apportioned as prescribed.

(4)  This section extends to the supply of water in bulk for reticulation to consumers which shall be deemed to be a purpose other than domestic purposes notwithstanding that the consumers use all or some of the water supplied for domestic purposes.

26 Supply of water to Government departments and to persons outside the water district

[Section 26 Amended by No. 39 of 1957, s. 2 and Sched. 1 ]

(1)  [Section 26 Subsection (1) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] The undertakers may enter into an agreement with any Minister or other person acting for or on behalf of the Commonwealth or the State for the supply of water to any land belonging to, or occupied by or on behalf of, Her Majesty, (whether in right of the Commonwealth or of the State), or with the owner or occupier of any land situated outside the water district for the supply of water to that land.

(2)  [Section 26 Subsection (2) substituted by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] Any water supplied under the agreement is to be supplied on such terms as may be mutually agreed and, in the case of the supply of water to land situated outside the water district, the undertakers have the same powers of opening and breaking up streets, and of laying down pipes for supplying that land with water, as if that land were within the water district.

(3)  [Section 26 Subsection (3) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] Agreements under this section shall not operate for more than one year, but may be renewed unaltered from year to year.

(4)  [Section 26 Subsection (4) omitted by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] .  .  .  .  .  .  .  .

27 Special agreements to supply water inside the water district

(1)  [Section 27 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Subject to this Act, the undertakers may enter into an agreement under seal with the owner of any land situate within the water district for the supply of water to that land for a term of years, not exceeding fourteen years, at a price by measure to be stated in the agreement, not less than the current price of water supplied by measure by them.

(2)  In every such agreement the owner of the land shall agree to pay the price stated in the agreement for the term limited in the agreement, and to take not less water in any year than the minimum quantity specified in the agreement, and any such agreement by the owner shall be deemed to be a covenant running with the land, and shall bind the land and the successive owners thereof during the said term.

(3)  Nothing in any such agreement shall be construed to create any obligation on the part of the undertakers to supply any stated quantity of water in the event of any insufficiency of water as provided in section thirty , but in that event the owner of any land shall pay for the water actually supplied to him at the price provided for in the agreement.

28 Water for carting away

The undertakers may sell to any person for use anywhere water to be carted away by him, or by his servants or agents, at such charge as is prescribed.

29 Domestic purposes to be first satisfied

(1)  The undertakers shall not supply water for irrigation or for any other purpose until all persons entitled, whether under this Act or the special Act or by contract, to a supply from them for domestic or stock supply purposes have been first supplied by the undertakers.

(2)  This section shall not prevent the undertakers from supplying water necessary for the health of the inhabitants of the water district or elsewhere, mariners sailing from a port in the water district, and stock in or travelling through the water district or in danger of dying of thirst in places near the water district.

30 Proportionate supply of water

[Section 30 Amended by No. 39 of 1957, s. 2 and Sched. 1 ]

(1)  [Section 30 Subsection (1) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] If at any time the supply of water at the disposal of the undertakers is insufficient in their opinion to afford all persons entitled by contract the supplies which they may respectively be entitled to receive from the undertakers, they may, subject to section twenty-nine , deliver to such persons such amount of water as may then be at their disposal in quantities proportionately according to the quantities which such persons would, had there been sufficient water available, have respectively been entitled to receive, and such persons shall be chargeable accordingly; and in no case shall the undertakers be liable to any action, claim, demand, or other proceeding for not supplying water to any person where it has been determined by the Minister that the undertakers have been, without negligence or wilful default on their part, unable to supply such water.

(2)  If the supply of water available to the undertakers falls short at any time of the quantity necessary to supply, in accordance with the provisions for apportionment contained in subsection (1) of this section, all the claims upon them for water in sufficient quantity to be of practical service, the Governor may, whenever he is satisfied of the actual or approaching insufficiency of such supply, make orders-in-council regulating the order of priority in which, and the quantities with which, the various water districts and persons entitled to water shall be entitled to be supplied.

(3)  [Section 30 Subsection (3) substituted by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] The undertakers may apply to the Minister in writing for a determination under subsection (1) .

(4)  [Section 30 Subsection (4) inserted by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] On receipt of an application, the Minister may inquire into the matter as if appointed by the Governor as a board of inquiry to inquire into that matter.

(5)  [Section 30 Subsection (5) inserted by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] The Minister is to certify his or her determination and the certificate is available as a defence in any proceedings mentioned in subsection (1) .

31 Shortage of water

[Section 31 Substituted by No. 68 of 1962, s. 46 ]

(1)  *[Section 31 Subsection (1) amended by No. 54 of 1963, s. 6 ]*If at any time the supply of water at the disposal of the undertakers appears, in their opinion, likely, unless specially conserved, to become insufficient for all demands on it, they may by advertisement prohibit the use of their water for such purposes as they think least beneficial to the public, wholly or at such times as they think fit.

(2)  [Section 31 Subsection (2) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] Any person whose business, trade, or living is adversely affected by an advertisement under this section may appeal to the Minister who may upon hearing that person, any other appellants against the same advertisement, and the undertakers, order the undertakers to vary the advertisement and the undertakers shall comply.

(3)  The undertakers are not liable in damages or otherwise if they refuse to supply water for a purpose prohibited under this section.

32 Right to cut off supply where repairs are necessary

(1)  The undertakers may, for the purpose of repairing or altering their works, cut off any supply of water for a reasonable period without any liability for failure to supply, but shall be bound to give reasonable notice to all persons whose supply is cut off of the time when it will be cut off and when it will be restored.

(2)  If the supply fails or is cut off in an emergency no notice of cutting off shall be necessary and notice merely that the supply will be off for some hours, a day, or several days, or as the case may be, shall suffice.

(2A)  *[Section 32 Subsection (2A) inserted by No. 54 of 1963, s. 7 ]**[Section 32 Subsection (2A) amended by No. 75 of 1973, s. 2 and Sched. 1 ]*Where notice has to be given under this section to persons more in number than thirty or not all to be found within a circle of 400 metres' radius, it may be given by wireless broadcast.

(3)  [Section 32 Subsection (3) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] *[Section 32 Subsection (3) amended by No. 55 of 1965, s. 5 ]*For failure to give reasonable notice the undertakers shall be liable only to a single fine not exceeding 2 penalty units for all failures in the same area on the one day.

Part IIIA Recreational Use of Public Water Supplies

[Part IIIA  Inserted by No. 17 of 1989, s. 6 ]

32A Application of this Part to Hydro-Electric Corporation

*[Section 32A Inserted by No. 17 of 1989, s. 6 ]**[Section 32A Amended by No. 61 of 1996, s. 13 ]*The application of this Part extends to, and in relation to, the Hydro-Electric Corporation in respect of a water storage area owned by that Corporation and used solely for domestic purposes.

32B Duty of undertakers to make water storage areas available for recreational use

[Section 32B Inserted by No. 17 of 1989, s. 6 ]

(1)  The undertakers shall make each water storage area situated on land owned by the undertakers available for recreational purposes in the best interests of the public so long as any such use is consistent with the duty of the undertakers under section 18 .

(2)  Where –

(a) a source of supply is used for the supply of water direct to consumers; and

(b) the water so supplied is not subject to any treatment other than chlorination –

the undertakers shall not permit any swimming, boating, fishing, or any other use of the source of supply by virtue of which persons may come into contact with the water.

32C Preparation of development plans for water storage areas

[Section 32C Inserted by No. 17 of 1989, s. 6 ]

(1)  For the purpose of determining public recreational uses suitable for a water storage area, the undertakers shall –

(a) in the case of land used as a water storage area on the commencement of this section, within a period of 12 months after that commencement or such further period as the Minister may allow; or

(b) in the case of any other land, within a period of 6 months after it is first so used or such further period as the Minister may allow –

prepare and forward to the Minister a development plan in respect of that area having regard to –

(c) the duty of the undertakers referred to in section 18 (1) ;

(d) the manner in which the water in the water storage area is treated before use for domestic purposes;

(e) the manner in which that water should be treated if recreational use of that water is permitted;

(f) the total volume of water that may be held in the water storage area and the likely retention time of the water;

(g) the proximity of the extraction point to each place where recreational activity is proposed;

(h) whether there can be demonstrated a demand for recreational activity of the kind proposed for the water storage area;

(i) whether alternative land can reasonably be made available for recreational activity of the kind proposed; and

(j) the need for adequate planning for each stage of recreational use and continuing assessment of the effect, if any, of the recreational use on the quality of the water in the water storage area.

(2)  *[Section 32C Subsection (2) amended by No. 30 of 1995, s. 3 and Sched. 1 ]*A development plan prepared under subsection (1) –

(a) shall include plans and specifications of the works to be carried out with directions for their use, if required by the Minister, and an estimate of the time required for completion of each stage of the works; and

(b) shall be accompanied by by-laws made, or proposed to be made, by the undertakers under section 53 of this Act or under the Local Government Act 1993 for the purpose of ensuring that persons who may use the water storage area for recreational purposes will not cause any detriment to the quality of the water.

32D Duty of Minister to accept or reject development plan

[Section 32D Inserted by No. 17 of 1989, s. 6 ]

(1)  On receipt of a development plan under section 32C , the Minister shall accept it with or without such amendments as may be agreed on between him and the undertakers or, if he is of opinion that the plan fails to serve the best interests of the public, he shall reject the plan.

(2)  The Minister shall notify the undertakers of his acceptance or rejection of the plan in writing and, on receipt of the notification, the undertakers are liable to the Crown for the cost of any surveys, maps, plans, and tests and of any similar work required by the Minister for the purpose of deciding whether to accept or reject the development plan.

32E Public inspection and public notification of development plan

*[Section 32E Inserted by No. 17 of 1989, s. 6 ]*On receipt of notification of the acceptance of a development plan with or without amendments as mentioned in section 32D (1) , the undertakers shall –

(a) make the plan available for public inspection for a period of 2 months at the principal office of the undertakers during normal business hours; and

(b) give public notification of the details of the plan, with a statement of where the plan is available for public inspection.

32F Power of Minister to require undertakers to develop water storage areas for recreational use

[Section 32F Inserted by No. 17 of 1989, s. 6 ]

(1)  Where –

(a) the undertakers have failed to perform their duty as mentioned in section 32B (1) , in respect of a water storage area; or

(b) the Minister has rejected a development plan relating to a water storage area –

the Minister may, after consultation with the undertakers, serve on them an order requiring them to make the water storage area available, and to develop it, in such manner, in such time, and for such public recreational purposes as may be specified in the order.

(2)  An order served on the undertakers under subsection (1) shall include an indemnity on behalf of the Crown against any liability incurred by the undertakers as a result of complying with the order.

(3)  On receipt of an order under subsection (1) , the undertakers shall –

(a) make the order and the development plan to which it relates available for public inspection for a period of 2 months at the principal office of the undertakers during normal business hours; and

(b) give public notification of the details of the order, with a statement of where the order and plan are available for public inspection.

32G Right of undertakers to object to Minister's directions

[Section 32G Inserted by No. 17 of 1989, s. 6 ]

(1)  Where the undertakers are dissatisfied with the directions contained in an order served on them under section 32F (1) , the undertakers may object to those directions by furnishing the Minister with a statement in writing of their objections specifying the grounds on which they are based.

(2)  Where the Minister receives a statement of objections under subsection (1) , the Minister shall cause a copy of that statement to be laid before each House of Parliament within 14 sitting days of that House after the statement is received.

(3)  Nothing in this section derogates from the duty of the undertakers to comply with an order served on them under section 32F (1) .

32H Power of Minister to perform work required

*[Section 32H Inserted by No. 17 of 1989, s. 6 ]*Where the undertakers have for a period of 6 months failed to comply with an order served on them under section 32F (1) , the Minister may –

(a) perform all or any of the work to which the order relates; and

(b) recover from the undertakers in any court of competent jurisdiction the reasonable cost of doing that work.

Part IV Fire Protection

33 Undertakers to affix public fire-plugs in mains

(1)  *[Section 33 Subsection (1) substituted by No. 59 of 1962, s. 2 ]*The undertakers may, and at the request –

(a) in a fire district of the fire brigade board and at the undertaker's expense; and

(b) elsewhere of the council and at its expense –

shall, fix proper fire-plugs in the main and other pipes belonging to them, or erect and connect therewith pillar hydrants and stand pipes, at such places as may be most proper and convenient for the supply of water for extinguishing any fire which may break out within the limits of the special Act.

(2)  In case of any difference of opinion as to the proper position or number of such fire-plugs, pillar hydrants, and stand pipes it shall be settled by the Minister or such persons or a majority of them as the Minister may appoint for the purpose.

34 Repair and marking of fire-plugs

(1)  The undertakers shall keep every such fire-plug, pillar hydrant, and stand pipe in good repair and shall put up a public notice in some conspicuous place in each street in which such a fire-plug is situated, showing its situation.

(2)  A notice under subsection (1) of this section may be put up by the undertakers on any house, building, fence, or wall in any such street.

35.

[Section 35 Repealed by No. 59 of 1962, s. 3 ]

36 Fire-plugs near factories, &c., at request of owners

*[Section 36 Amended by No. 54 of 1963, s. 8 ]*The undertakers shall, at the request and expense of the owner or occupier of any factory, timber yard, or store situated in any street in which there is a pipe of the undertakers, place in that street and maintain in effective order –

(a) a fire-plug or pillar hydrant as near as conveniently may be to the factory, timber yard, or store; and

(b) such pipes as are necessary to connect the existing pipes of the undertakers to the fire-plug or pillar hydrant.

36A Special mains for fire-fighting

[Section 36A Inserted by No. 54 of 1963, s. 9 ]

(1)  *[Section 36A Subsection (1) substituted by No. 5 of 1966, s. 3 ]*The undertakers may lay mains solely for fire-fighting purposes.

(1A)  *[Section 36A Subsection (1A) inserted by No. 5 of 1966, s. 3 ]*Where it is certified to the undertakers by a fire brigade board that any mains laid under subsection (1) of this section specially benefit any lands the undertakers may charge the whole or part of the cost of their installation (including design) and maintenance on those lands in proportion to the annual value of those lands or in such other proportion as they consider just.

(1B)  *[Section 36A Subsection (1B) inserted by No. 5 of 1966, s. 3 ]**[Section 36A Subsection (1B) amended by No. 30 of 1995, s. 3 and Sched. 1 ]*The charges made on any land under subsection (1A) of this section are enforceable in the same manner as rates are enforceable under Part 9 of the Local Government Act 1993 .

(2)  The undertakers may, at the request and expense of the owner or occupier of any land, lay a main in his land, extend it into and within a building, put therein or connect thereto fire-plugs, pillar hydrants, and connections for fire-hoses, and maintain the whole installation in effective order.

(3)  In this section

main includes branches from a main.

36B Fire-fighting mains in buildings

[Section 36B Inserted by No. 14 of 1971, s. 2 ]

(1)  Where a building has in it a system for the supply of water for fire-fighting, the undertakers may, at the request and expense of the owner or occupier of the building, connect their mains to the system and, if they do, shall, at all times that their main connected thereto is charged with water at sufficient pressure for the purpose keep the system charged with water.

(2)  The supply of water from such a system so connected shall not be –

(a) metered or charged for; or

(b) used for any purpose other than to put out a fire or stop its spread or to test the system.

37 Water to be available free at fire-plugs

The undertakers shall, at all times, keep charged with water, under such pressure as is required by section eighteen , all their pipes to which fire-plugs are fixed, unless prevented by frost, unusual drought, or other unavoidable cause, or by accident, or during necessary repairs, and shall allow all persons during a fire to take and use water therefrom for putting out the fire or stopping its spread, without any charge.

Part V Communication Pipes

38 Connection to persons entitled to supply

(1)  Upon the request of any person entitled under section nineteen to demand a supply of water to his land, the undertakers shall lay down communication pipes and other necessary works for such a supply.

(2)  The communication pipes and other works between the main or other pipe of the undertakers and the boundary of the land supplied shall be provided, laid down, and maintained by and at the expense of the undertakers.

39 Connection with private pipes

(1)  Wherever the undertakers lay communication pipes to the boundary of any land to be supplied with water they may either connect them to the communication pipes laid on that land for the purpose or may terminate them at the boundary.

(2)  Where the undertakers terminate the communication pipes at the boundary of any land, the person wishing to connect a pipe on the land with one of the undertakers' pipes shall give two days' notice of the day and hour when he intends to make the connection, and shall make it under the superintendence, and according to the directions, of the officer appointed for that purpose by the undertakers, unless no such officer attends at the time mentioned in the notice.

(3)  No such notice shall be required where the person making the connection is authorised by the undertakers to do such work without supervision.

Part VI Meters

40 Power of undertakers to attach meters

(1)  The undertakers may at any time affix a meter in the pipe supplying water to any person, and may, without becoming in any way liable to that person, affix it on his land.

(2)  A person on whose supply a meter has been so fixed shall draw his supply only through that meter.

(3)  The undertakers may charge any such person for the use of the meter, in addition to any water rate or charge for water supplied to that person, such sums as may be prescribed.

(4)  No charge for the use of a meter shall, in any year, exceed one-twentieth part of the cost of the meter plus reasonable provision for maintenance and administrative expenses.

(5)  Such charges shall be recoverable in the same manner as the rates due to the undertakers for water.

41 Power of undertakers to let meters

(1)  The undertakers may let or hire to any person to whom water is supplied by measure any meter or instrument for measuring the quantity of water supplied to such person, for such remuneration in money as may be agreed upon between the undertakers and that person, and such remuneration shall be recoverable in the same manner as the rates due to the undertakers for water.

(2)  Any meter let or hired in accordance with this section shall be attached and affixed to or in the works by which the water is supplied by or under the superintendence of such officer or servant of the undertakers as they shall appoint for that purpose or by some person authorized by the undertakers to do such work without supervision, and not otherwise.

42 Inspection and removal of meters, &c.

(1)  Any person acting under the authority of the undertakers may, at all reasonable times, enter any house, room, buildings, or lands, to, through, or into which water is supplied by the undertakers by measure for the purpose of inspecting any meter or of removing any meter or associated apparatus belonging to the undertakers.

(2)  [Section 42 Subsection (2) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] *[Section 42 Subsection (2) amended by No. 55 of 1965, s. 5 ]*Any person who hinders any such person from entering or making such an inspection, or effecting such a removal, as the case may be, or who, not being an officer or employee of the undertakers, in any manner injures or interferes with any meter, shall be liable to a fine not exceeding 0.1 penalty unit, in addition to the amount of damage or injury done.

43 Undertakers' meters, &c., not distrainable, &c.

(1)  No instruments, meters, or other apparatus belonging to the undertakers shall be subject to distress for rent of the premises where they are used, or liable to be attached or taken in execution under any process of any court.

(2)  No person shall acquire any interest or property in any such instruments, meters, or apparatus under or in pursuance of any adjudication or order in bankruptcy or other legal proceedings against or affecting the consumer of water or the occupier of the premises or other person in whose possession the instruments, meters, or other apparatus may be.

44 Notice of removal, &c., of meter

(1)  Every person desiring to remove or alter the position of any meter shall give two days' notice in writing to that effect to the undertakers.

(2)  The undertakers shall cause a registration of the quantity of water used to be taken, and the required removal or alteration to be made, and the consequent expense shall be paid by the person requiring the work, and no alteration shall be made, except by or under the direction of an officer of the undertakers, or until the permission of the undertakers has been obtained.

45 Evidence of meter reading

(1)  The undertakers shall maintain all meters in a sensitive and accurate working condition and shall read all meters at least once in each half-year.

(2)  The reading of a meter shall be conclusive evidence of the quantity of water supplied to a user unless varied in accordance with this section.

(3)  If a user is at any time dissatisfied with the accuracy of the reading of any meter, he may apply, in writing, to the undertakers to have the meter tested as provided by this section.

(4)  When an application is made by a user under subsection (3) the undertakers shall cause the meter to be tested by an officer appointed by them for that purpose in the presence, if he so desires it, of the user or some person nominated by him.

(5)  The reading of the meter shall be deemed to be accurate if, upon being tested, it is found to register the quantity of water measured at the test with an error of not more than three per cent.

(6)  If a meter is found, upon being tested, not to register the quantity of water accurately within the meaning of subsection (5) , the quantity of water supplied to the user, as measured by that meter, shall be adjusted for the percentage of error disclosed by the test, but no adjustment shall be made in respect of any period earlier than the commencement of the half year in which the user applied for the meter to be tested as provided by subsection (3) .

(7)  If upon being tested as provided by this section the reading of a meter is found to be accurate within the meaning of subsection (5) the user shall pay the cost, as determined by the undertakers, of making the test, which cost shall be recoverable in like manner as the rates due to the undertakers for water.

46 Protection of meters

The occupier of land on which a meter belonging to the undertakers is installed shall at all times take all reasonable measures to protect it from damage or interference and shall be responsible for its safekeeping in the same manner as a bailee for reward.

Part VII Protection of Water

47 Persons using water not under pressure to provide cisterns

If by the special Act it is provided that the water to be supplied by the undertakers need not be constantly laid on under pressure, every person supplied with water shall, when required by the undertakers, provide a proper storage tank to hold the water with which he is so supplied, with a ball and stop cock in the pipe bringing the water from the works of the undertakers to the tank and shall keep the tank, ball, and stop cock in good repair, so as effectually to prevent the water from running to waste; and in case any such person, when required by the undertakers, neglects to provide such a tank, ball, or stop cock, or to keep the same in good repair, the undertakers may cut off the pipe or turn off the water from the land of that person until the tank, ball, or stop cock is provided or repaired, as the case may require.

48 Specification for pipes, &c.

The description of pipes and other apparatus by means of which water is laid on, distributed, or supplied within the boundary of any land shall be such as the undertakers determine, either generally or in classes of cases or in any particular case, and the undertakers shall not be bound to supply water in any case in which the required description of pipes or other apparatus is not provided; and the undertakers may cut off the pipes or turn off the water from any land supplied with water until the required description of pipes or other apparatus is provided.

49 Service pipes, &c., to be kept in repair

(1)  If any person, when required by the undertakers so to do, fails to keep in good repair the pipes and other apparatus by means of which his land is supplied with water, the undertakers may cut off those pipes, or turn off the water from that land, until such pipes and apparatus are sufficiently repaired.

(2)  The undertakers may repair any such pipes or apparatus so as to prevent any waste of water, and the expenses of that repair shall be paid to the undertakers by the person allowing them to become out of repair.

50 Cisterns, &c., to be constructed so as to prevent waste

Every cistern or other receptacle for water which the undertakers may require or permit to be used, and every closet, urinal, and private bath supplied with water by the undertakers, shall be constructed and used in such manner as may be prescribed so as effectually to prevent the waste, misuse, or undue consumption of water and the flow or return of foul air or other noisome or impure matter into the mains or pipes of the undertakers, or into any pipes connected or communicating therewith; and the undertakers may cut off the pipe attached, or turn off the water supplied, to any cistern or other receptacle for water so required or permitted to be used, or any closet, urinal, or private bath which is not constructed or used as prescribed, until such cistern or other receptacle for water, or such closet, urinal, or private bath is constructed and used as prescribed.

51 Inspection of premises for waste

Any person acting under the authority of the undertakers may, at any reasonable time, by night or day, enter into any house or place supplied with water under the authority of this Act or the special Act to see if there is any waste or misuse of water, and the condition or state of repair of the pipes or works by which the water is supplied to that house or place, and may, for the latter purpose, break the surface of the ground under which the pipes are laid; and if that person is at any such time refused admission into the house or place, or is prevented from making his examination, the undertakers may turn off the water from that house or place.

52 Power to cut off water in certain cases

If any person supplied with water by the undertakers wrongfully does or causes or permits to be done anything in contravention of any of the provisions of the special Act, or wrongfully fails to do anything which, under any of those provisions, ought to be done for the prevention of the waste, misuse, undue consumption, or contamination of the water of the undertakers, they may (without prejudice to any remedy against him in respect thereof) cut off any of the pipes by or through which water is supplied by them to him, or for his use, and may cease to supply him with water, so long as the cause of injury remains or is not remedied.

Part VIII By-Laws, Rates, andCharges

53 Power to make by-laws

(1)  [Section 53 Subsection (1) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] *[Section 53 Subsection (1) Amended by No. 39 of 1957, s. 2 and Sched. 1 ][Section 53 Subsection (1) amended by No. 54 of 1963, s. 11 ][Section 53 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ]*Where the undertakers have no power under the Local Government Act 1993 to make by-laws, they may with the approval of the Minister and the consent of the Governor make by-laws for the purposes of this Act or of the special Act.

(2)  By-laws made under this section shall be kept posted by the undertakers in some public place within the water district.

(3)  *[Section 53 Subsection (3) amended by No. 54 of 1963, s. 11 ]**[Section 53 Subsection (3) amended by No. 30 of 1995, s. 3 and Sched. 1 ]*By-laws made under this section shall, upon publication in the Gazette, have the force of law within the limits of the special Act, and shall be enforceable in the same manner as by-laws made under the Local Government Act 1993 .

54 Subjects of by-laws

(1)  *[Section 54 Subsection (1) amended by No. 75 of 1987, s. 4 ]*The undertakers may, subject to this Act, make by-laws for the purposes of this Act and the special Act –

(a) regulating the charges, terms, and conditions upon which water shall be supplied to any person under the authority of this Act or of the special Act;

(ab) imposing a charge for the connection of the undertakers' communication pipes to other communication pipes at the boundary of any land to be supplied with water;

(b) regulating the form, material, dimensions, description, construction, and arrangement of pipes, service pipes, and other apparatus, for the purposes of section forty-eight and prohibiting the use of any pipes, service pipes, and other apparatus which do not conform to the requirements of the by-laws;

(c) preventing waste, pollution, or misuse of water; and

(d) preventing injury to any part of the undertaking.

(2)  Any such by-law may prohibit the use of water for any purposes other than domestic purposes, including purposes for which the undertakers may refuse to supply water under section twenty –

(a) within such area; or

(b) otherwise than on such days, if any, and during such hours, if any –

as the undertakers, or some committee or officer named in the by-law, may determine.

(3)  A copy of every determination under subsection (2) shall be posted alongside the copy of the by-laws posted in accordance with section fifty-three .

(4)  *[Section 54 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 54 Subsection (4) amended by No. 75 of 1987, s. 5 and Sched. 1 ][Section 54 Subsection (4) amended by No. 67 of 1994, s. 3 and Sched. 1 ]*No person shall use any water in contravention of any determination under subsection (2) while the same remains in force.

Penalty:  Fine not exceeding 1 penalty unit.

(5)  *[Section 54 Subsection (5) amended by No. 55 of 1965, s. 5 ]**[Section 54 Subsection (5) amended by No. 75 of 1987, s. 5 and Sched. 1 ]*Any such by-law may provide that it may be enforced by cutting off the pipe or service, or turning off the water, or by some pecuniary penalty not exceeding in any case the sum of 2 penalty units.

55 Water rates

(1)  The undertakers may levy a water rate upon the annual value of all tenements supplied with water.

(2)  *[Section 55 Subsection (2) amended by No. 54 of 1963, s. 11 ]**[Section 55 Subsection (2) amended by No. 30 of 1995, s. 3 and Sched. 1 ]*Water rates levied under this Act shall, subject to subsections (3) , (4) , and (5) of this section, be made, levied, and recovered in the same manner as rates made and levied under the Local Government Act 1993 .

(3)  Water rates shall be paid in advance or otherwise and quarterly, half-yearly, or yearly, as determined by the undertakers; and the first payment shall be made at the time when the undertakers' pipe by which the water is to be supplied is laid to the boundary of the ratable tenement and charged with water.

(4)  *[Section 55 Subsection (4) amended by No. 55 of 1965, s. 5 ]*Where the ratable tenement is a dwelling-house or part of a dwelling of an annual value less than one hundred dollars and occupied by a tenant for years or at will the water rate shall be payable by the person entitled to receive the rent thereof: Provided that where the tenancy was created before the commencement of this Act or provided that the tenant shall be liable to pay water rates, the person entitled to receive the rent may recover from the tenant as rent any rate paid by him under this section.

(5)  Where the supply of water is commenced or discontinued during any period as provided in subsection (3) of this section a proportionate part only of the water rate shall be payable: Provided that where the supply is discontinued otherwise than by default of the undertakers, the rate shall be payable in respect of the whole period unless notice of the discontinuance was given during the preceding period.

56 Charges

(1)  The undertakers may charge for water supplied by measure in accordance with a prescribed scale of charges, which charges shall be the same for similar conditions of supply.

(2)  *[Section 56 Subsection (2) amended by No. 54 of 1963, s. 11 ]**[Section 56 Subsection (2) amended by No. 30 of 1995, s. 3 and Sched. 1 ]*Such charges shall be enforceable in the same manner as rates are enforceable under Part 9 of the Local Government Act 1993 .

57 Excess water

The undertakers may charge for water up to a specified quantity by a water-rate, and for any additional water supplied by measure in accordance with section fifty-six .

58 Moderation of rates and charges

[Section 58 Amended by No. 39 of 1957, s. 2 and Sched. 1 ]**[Section 58 Substituted by No. 68 of 1962, s. 47 ][Section 58 Substituted by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000]

(1)  Any person liable for any rates or charges under this Act or the special Act may apply to the Minister to review the rates levied or the scale of charges used by the undertakers.

(2)  The Minister may inquire into the matter and may, if he or she finds any impropriety or unreasonable excess, determine that the rates or charges be reduced or varied and provide for payment of the costs of the inquiry by the applicant or the undertakers.

(3)  A determination made under this section may be registered in the Supreme Court and enforced as a judgment of the Court.

(4)  The determination, in so far as it relates to rates and charges, operates, until it is discharged by the Minister, so as to disentitle the undertakers from recovering any greater amounts than those determined.

59 Stoppage of supply of water where payment of rates or charges in arrear

If any person liable to pay any amount of water rate or charge for water supplied neglects to pay that amount within due time after it has been lawfully demanded, the undertakers may, after twenty-four hours' notice, stop the supply of water to the tenement in respect of which the rate or charge is payable by cutting off the pipes to the tenement, or by such other means as they may think fit, and the expense of cutting off the water may be recovered in the same manner as that in which the water rate or charge is recoverable.

Part IX Map of Underground Works

60 Map and plan of underground works to be made, and corrected from time to time

(1)  *[Section 60 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ]*The undertakers shall, within six months from the time at which any pipes, conduits, or underground works have been laid down or formed by them, cause a survey and map to be made of the district within which any such pipes or underground works are laid, on a scale not less than 1 to 5 280, and shall cause to be marked thereon the course and situation of all existing pipes or conduits for the collection, passage, or distribution of water and underground works belonging to them in order to show all such underground works within the said district, and shall, within six months from the making of any alterations or additions, cause that map to be corrected, and such additions made thereto as may show the line and situation of all such pipes, conduits, and underground works as may be laid down or formed by them after the passing of the special Act.

(2)  That map and plan, or a copy thereof, with the date expressed thereon of the last time when it was so corrected, shall be kept in the office of the undertakers, and shall be open to the inspection of all persons interested in it within the said district.

61 Copies of map or plan to be deposited with council clerk, &c.: Inspection

(1)  *[Section 61 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ]*The undertakers shall, within three months of the time at which any such map or plan, or any such correction thereof or addition thereto, has been made, deposit with the general manager of the municipal area, in which the underground works are situated, copies of the map or plan, with all such particulars and all corrections and additions made thereto pursuant to section sixty , so far as relates to municipal area.

(2)  *[Section 61 Subsection (2) amended by No. 55 of 1965, s. 5 ]*The clerk or engineer shall receive and keep all such documents and allow all persons interested to inspect them, and take copies or extracts of and from them, upon payment of 20 cents for every inspection, and the further sum of 20 cents for every hour during which the inspection continues after the first hour.

(3)  The Governor may, by notice in the Gazette, exempt any undertakers from compliance with subsection (1) in respect of any area not part of a city or town or built upon and not containing any mines.

62 Power of Governor to forbid disclosure

The Governor may, by writing to the undertakers and to the council under the hand of the Minister, prohibit the disclosure of all or any documents required to be kept under sections sixty and sixty-one to all or any persons.

Part X Mines

63 Undertakers not entitled to mines unless expressly purchased

(1)  The undertakers shall not be entitled to any mines of coal, ironstone, slate, or other minerals under any land purchased by them, except only such parts thereof as shall be necessary to be dug or carried away or used in the construction of the waterworks, unless the same have been expressly purchased.

(2)  All such mines, excepting as provided in subsection (1) of this section, shall be deemed to be excepted out of the conveyance of such lands, unless they have been expressly named therein and conveyed thereby.

64 Rights of undertakers where mines and minerals in Crown

(1)  [Section 64 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] Notwithstanding anything contained in the Mineral Resources Development Act 1995 , the undertakers may, for the purposes of constructing their works, dig, remove, use elsewhere, and dispose of, anything in the soil of any land belonging to them, gold and silver only excepted.

(2)  [Section 64 Subsection (2) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] [Section 64 Subsection (2) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] [Section 64 Subsection (2) substituted by No. 17 of 1996, Applied:07 Jan 2013] Where –

(a) any mines or minerals, within the meaning of the common law or of the Mineral Resources Development Act 1995 , in any land of the undertakers, are vested in the Crown; and

(b) the undertakers require for their undertaking to remove them and occupy the space thereby left –

the undertakers, upon covenanting to pay the value, of those mines and minerals, as they lie in the required space, to be determined after their removal, shall be entitled to a grant of those mines and minerals, notwithstanding anything contained in the Mineral Resources Development Act 1995 or in the Crown Lands Act 1976 .

(3)  [Section 64 Subsection (3) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] The powers conferred on the undertakers by section nine may be exercised notwithstanding any right of the Crown in the soil of the street, that to gold, silver, and precious stones only excepted, or anything contained in subsection (2) of this section or in the Mineral Resources Development Act 1995 .

(4)  [Section 64 Subsection (4) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] No lease under the Mineral Resources Development Act 1995 shall be required for the exercise by the undertakers of the powers conferred by paragraph (c) of section seven.

65 Working of mines lying near the works

(1)  *[Section 65 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ]*Except where otherwise provided for by agreement between the undertakers and other parties, if the owner, lessee, or occupier of any mines or minerals lying under the reservoirs or buildings belonging to the undertakers, or under any of their pipes or works which are underground and are described in the map or plan required by Part IX to be kept and deposited by the undertakers, or within the distance prescribed by the special Act, if any, or if no distance is prescribed, within forty metres therefrom, be desirous of working the same, that owner, lessee, or occupier shall give the undertakers notice in writing of his intention so to do, thirty days before the commencement of working.

(2)  Upon the receipt of a notice under subsection (1) of this section, the undertakers may cause the mines to be inspected by any person appointed by them for the purpose, and if it appears to the undertakers that the working of the mines or minerals is likely to damage the said works, and if they are willing to make compensation for the mines to the owner, lessee, or occupier thereof, the owner, lessee, or occupier shall not work those mines or minerals.

(3)  If the undertakers and the owner, lessee, or occupier do not agree as to the amount of the compensation, it shall be settled as in cases of disputed compensation.

66 Right of owner to work a mine if undertakers do not state their willingness to treat for payment of compensation

(1)  If before the expiration of the period of thirty days referred to in subsection (1) of section sixty-five, the undertakers do not state their willingness to treat with the owner, lessee, or occupier for the payment of compensation, as provided in that section, the owner, lessee, or occupier may work the mines, and may drain them, by means of engines or otherwise, as if this Act and the special Act had not been passed, but so that no wilful damage is done to the works, and so that the mines are not worked in an unusual manner.

(2)  If any damage or obstruction is occasioned to the works of the undertakers by the working of the mines in an unusual manner, that damage or obstruction shall be forthwith repaired or removed (as the case may require), and the damage made good by the owner, lessee, or occupier of the mines or minerals, and at his own expense.

(3)  If such repair or removal is not forthwith done, or if the undertakers think fit, without waiting for it to be done by the owner, lessee, or occupier, the undertakers may do the work and recover from the owner, lessee, or occupier the expense occasioned thereby by action in the Supreme Court.

67 Mining communications

*[Section 67 Amended by No. 75 of 1973, s. 2 and Sched. 1 ]*If the working of any such mines under the works of the undertakers or within the distance therefrom mentioned in section sixty-five is prevented by reason of apprehended injury to those works, the respective owners, lessees, and occupiers of mines may cut and make such and so many airways, headways, gateways, or water levels through the mines, measures, or strata the working whereof is so prevented, as may be requisite to enable them to ventilate, drain, and work any mines or minerals on each or either side thereof, but no such airway, headway, gateway, or water level shall be of greater dimensions or sections than the dimensions or sections prescribed by the special Act, or if no dimensions are so prescribed shall not exceed 2·5 metres wide and 2·5 metres high, and shall not be cut or made upon any part of the works so as to injure them.

68 Undertakers to make compensation to owner, lessee, or occupier of mines for expenses incurred by severance of mines, or by interruptions of or restrictions on works, and for minerals not obtained

(1)  Except where otherwise provided for by agreement, the undertakers shall pay to the owner, lessee, or occupier of any mines of coal, ironstone, and other minerals extending so as to lie on both sides of any reservoirs, buildings, pipes, conduits, or other works, all such additional expenses and losses as shall be incurred by such owner, lessee, or occupier by reason of the severance of the lands over such mines or minerals by such reservoirs or other works, or of the interruption of the continuous working of such mines or minerals under section sixty-five , or by reason of their being worked under the restrictions contained in this Act or the special Act, and for any mines or minerals not purchased by the undertakers which cannot be obtained by reason of making and maintaining the said works or by reason of such apprehended injury from the working thereof.

(2)  *[Section 68 Subsection (2) amended by No. 24 of 1993, s. 3 and Sched. 1 ]*If any dispute or question arises between the undertakers and the owner, lessee, or occupier touching the price of such minerals, the dispute is to be determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993 .

69 Power of undertakers to enter and inspect the working of mines, after giving notice

For the better ascertaining whether any such mines are being worked or have been worked so as to damage the said works, the undertakers may, after giving twenty-four hours' notice in writing, enter upon any lands through or near which the works are situated, and wherein any such mines are being worked or are supposed so to be, and may enter into and return from any such mines or the works connected therewith, and they may, for that purpose, make use of any apparatus or machinery belonging to the owner, lessee, or occupier of the mines, and use all necessary means for discovering the distance from the works to the parts of the mines which are being worked or about to be worked.

70 Undertakers liable to actions for injuries done to mines

Nothing in this Act or the special Act shall prevent the undertakers from being liable to any action or other legal proceeding to which they would have been liable for any damage or injury done or occasioned to any mines by means or in consequence of the waterworks, if their waterworks had not been constructed or maintained by virtue of this Act or the special Act.

Part XI Offences

71 Offences

(1)  *[Section 71 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 71 Subsection (1) amended by No. 45 of 1980, s. 4 ][Section 71 Subsection (1) amended by No. 75 of 1987, s. 5 and Sched. 1 ]**[Section 71 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 in a pure and wholesome state through any part of the undertaking.

Penalty:  Fine not exceeding 10 penalty units.

(2)  *[Section 71 Subsection (2) amended by No. 54 of 1963, s. 10 ][Section 71 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 71 Subsection (2) amended by No. 45 of 1980, s. 4 ][Section 71 Subsection (2) amended by No. 75 of 1987, s. 5 and Sched. 1 ][Section 71 Subsection (2) amended by No. 67 of 1994, s. 3 and Sched. 1 ]*No person shall –

(a) bathe in any stream 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, or stream 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, or stream 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;

(d) waste water supplied by the undertakers; or

(e) use water contrary to a prohibition under section thirty-one .

Penalty:  Fine not exceeding 10 penalty units.

(2A)  *[Section 71 Subsection (2A) inserted by No. 17 of 1989, s. 7 ]*Notwithstanding subsection (2) (a) , it shall be lawful to bathe at any place in a lake which is a source of supply if bathing at that place is permitted by the undertakers in the exercise of their powers under Part IIIA .

(3)  *[Section 71 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 71 Subsection (3) amended by No. 45 of 1980, s. 4 ][Section 71 Subsection (3) amended by No. 75 of 1987, s. 5 and Sched. 1 ]**[Section 71 Subsection (3) amended by No. 67 of 1994, s. 3 and Sched. 1 ]*No person shall –

(a) being the owner or occupier of any premises 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, pipe, or service, or on such premises, except for the purpose of extinguishing any fire, or unless such other person is a person supplied with water by the undertakers from their waterworks, and the pipes belonging to him are out of repair otherwise than through his own fault;

(b) without the permission of the undertakers, take any water from any reservoir, watercourse, or conduit belonging to the undertaking, or any pipe leading to any such reservoir, watercourse, or conduit, 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;

(c) make any pipe to communicate with any waterworks or pipes 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.

Penalty:  Fine not exceeding 10 penalty units.

(3A)  *[Section 71 Subsection (3A) inserted by No. 54 of 1963, s. 10 ][Section 71 Subsection (3A) amended by No. 55 of 1965, s. 5 ][Section 71 Subsection (3A) substituted by No. 45 of 1980, s. 4 ]*Where the undertakers supply water in a separate pipe for a special purpose, a person who draws, or by making a pipe to communicate with that pipe attempts or prepares to draw, water from that pipe for some other purpose is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.

(3B)  *[Section 71 Subsection (3B) inserted by No. 45 of 1980, s. 4 ]*A conviction pursuant to subsection (3A) is a bar to an indictment for stealing or attempting to steal water by means of the same opening in that pipe.

(4)  *[Section 71 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 71 Subsection (4) amended by No. 45 of 1980, s. 4 ][Section 71 Subsection (4) amended by No. 75 of 1987, s. 5 and Sched. 1 ]**[Section 71 Subsection (4) amended by No. 67 of 1994, s. 3 and Sched. 1 ]*No person supplied with water by the undertakers shall suffer any pipe or other apparatus by means of which his premises are supplied with water to be out of order so that the water supplied to those premises by the undertakers is wasted.

Penalty:  Fine not exceeding 2 penalty units.

(5)  *[Section 71 Subsection (5) amended by No. 55 of 1965, s. 5 ]*No person shall 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 the same unwholesome.

Penalty:  Fine not exceeding 10 penalty units.

(6)  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.

72 Liability of undertakers

[Section 72 Amended by No. 36 of 1958, s. 4 and Sched. 3 ]

(1)  [Section 72 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] [Section 72 Subsection (1) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] *[Section 72 Subsection (1) amended by No. 55 of 1965, s. 5 ]*Where by this Act or the special Act a duty is cast on the undertakers for breach of which no penalty is therein prescribed, the undertakers shall be liable to forfeit to the Crown at the suit of the Minister a fine not exceeding 0.1 penalty unit for every breach of that duty, together with a daily fine not exceeding 0.02 penalty unit during its continuance, if it is a continuing breach.

(2)  [Section 72 Subsection (2) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] No action shall be brought under subsection (1) of this section for any remediable breach unless the Minister has given the undertakers fourteen days' notice in writing to remedy the breach and they have failed or refused so to do.

(3)  Where by this Part or the special Act a duty is cast on the undertakers for the benefit of any person requiring a supply of water an action shall lie for any breach of that duty, at the suit of the person thereby losing the benefit.

(4)  Where the undertakers take upon themselves to supply water under section twenty-three or section twenty-eight they shall be deemed to carry on a public trade of the same nature as a common carrier, a common innkeeper, or a common smith.