72Liability of undertakers

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.