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VOLUME: V
WATERWORKS
CHAPTER: 34:03
Part:IV Offences and Supplementary (ss 22-32)

 

22.     Injury, diversion, pollution

 

            Any person who tampers with or wilfully or negligently injures any waterworks, or any service through or with which water from the waterworks is supplied, or any meter installed by a Water Authority under this Act, or unlawfully draws off, diverts or takes water from the same, or pollutes or causes risk of pollution to any such water, or allows any foul liquid, gas or other noxious matter to enter into the waterworks or any pipe or fitting connected therewith, shall be guilty of an offence and liable to a fine not exceeding P2000 or to imprisonment for a term not exceeding six months, or to both.

 

23.     Misuse or waste of water

 

            (1) Any person who wilfully or negligently misuses or wastes or causes or allows to be misused or wasted any water from the waterworks shall be guilty of an offence and liable to a fine not exceeding P250.

            (2) The occupier of any premises where any water from the waterworks is wilfully or negligently misused or wasted shall be guilty of an offence and liable to a fine not exceeding P250.

 

24.     Altering service

 

            Any person who, without the consent of the Water Authority, alters or causes or permits to be altered any service through which water is supplied to any premises shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding six months, or to both.

 

25.     Fraudulent measurement

 

            Any person who alters or causes or permits to be altered any service with intent to avoid the accurate measurement or register of water by means of any meter or to obtain a greater supply of water than he is entitled to, and to avoid payment therefor or with such intent tampers with any meter shall be guilty of an offence and liable on conviction to a fine not exceeding P100, or, in default of payment thereof to imprisonment for a term not exceeding three months, or to such imprisonment without the option of a fine or to both such fine and imprisonment; and any service so altered or meter injured may be replaced or repaired by the Water Authority at the expense of any person convicted under this section and the cost so incurred by the Water Authority may be recovered upon the order of the court as if it were a fine imposed by the court.

 

26.     Water used other than for purpose supplied

 

            (1) Any person who uses any water supplied to him by the Water Authority for purposes other than those for which the water is supplied or for purposes in contravention of any prohibition specified under section 17 shall be guilty of an offence and liable-

     (a)     in the case of a first offence, to a fine not exceeding P250 and in default of payment of such fine, to a term of imprisonment not exceeding 12 months;

     (b)     in the case of a second or subsequent offence, to a fine not exceeding P1000 and in default of payment of such fine, to a term of imprisonment not exceeding two years.

            (2) Notwithstanding the provisions of subsection (1) any penalty imposed under the said subsection (1) shall not prejudice the right of the Water Authority to recover by civil suit the charge for the water improperly used.

 

27.     Erection of buildings and structures over mains or pipes prohibited without permission of Water Authority

 

            (1) Any person who constructs or erects any building or structure over any main or pipe laid by a Water Authority without the written permission of such Authority and subject to such conditions as such Authority may require for the protection of such main or pipe shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding six months, or to both.

            (2) Where any building or structure has been erected over any main or pipe contrary to subsection (1) the Water Authority shall have power to carry out such works as may be necessary to protect the main or pipe and may remove if necessary such building or structure or any part thereof and the person responsible for erecting the building or structure shall be liable to pay the Authority the cost of any such protection or removal.

 

28.     Supply of water by certain persons prohibited

 

            (1) No owner or occupier of any premises within a waterworks area and no owner or occupier of any premises supplied with water under this Act shall supply water to any other person or permit any other person to take water except-

     (a)     for use or consumption on those premises;

     (b)     for the purpose of extinguishing a fire; or

     (c)     with the approval of the Water Authority.

            (2) Any person who contravenes the provisions of this section shall be guilty of an offence and liable on conviction to a fine not exceeding P50 or, in default of payment thereof to imprisonment for a term not exceeding one month, or to such imprisonment without the option of a fine or to both such fine and imprisonment.

 

29.     Accumulations likely to enter waterworks

 

            Whoever puts or allows to be put or to remain or to accumulate on any premises occupied or owned by him or controlled by him or his servant or agent who does not remove or cause to be removed or take such steps as may be necessary to prevent, upon notice in writing from the Water Authority, any foul, noisome or injurious matter or any earth, deposit or excavated material in such manner or place that it may be washed, fall or be carried into the waterworks shall be guilty of an offence and liable to a fine not exceeding P50 and for every day during which such matter, earth, deposit or material is allowed to remain after notice in writing from the Water Authority requiring the same to be removed, to a further fine not exceeding P4 for each day during which the offence continues.

 

30.     Bathing, washing in waterworks

 

            Any person who-

     (a)     washes or bathes in any part of the waterworks or in any vessel used by the Water Authority for supplying water to the public;

     (b)     washes, throws or causes or permits to enter into any part of the waterworks or in any vessel used by the Water Authority for supplying water to the public, any animal, clothing, material or thing; or

     (c)     wrongfully opens or closes any lock, cock, valve, sluice or manhole belonging to the waterworks,

shall be guilty of an offence and liable on conviction to a fine not exceeding P50, or, in default of payment thereof to imprisonment for a term not exceeding one month, or to such imprisonment without the option of a fine or to both such fine and imprisonment.

 

31.     Inspection of Water Authority's affairs by Government officials

 

            (1) The Minister at such intervals as he may consider appropriate shall appoint one or more Government officials as inspectors to investigate the affairs of a Water Authority and to report thereon to him in such manner as he directs.

            (2) Every Water Authority and the officers, servants and agents of every Water Authority whose affairs are investigated by virtue of subsection (1) shall, if so required by an inspector so appointed, furnish the inspector with all information in its possession, and produce to him and give him access to the books, documents, records, accounts and other sources of information of the Water Authority.

            (3) An inspector appointed under subsection (1) together with such assistants and advisers as he may deem necessary, shall for the purpose of any investigation in terms of this section, have access to or over any premises at any reasonable time by the shortest and most practicable route reasonable in the circumstances.

            (4) Any officer, servant or agent of a Water Authority who refuses or fails to comply to the best of his ability with any lawful requirement of an inspector in the exercise of his powers and the execution of his duties under this section shall be guilty of an offence and liable on conviction to a fine not exceeding P200, or, in default of payment thereof, to imprisonment for a term not exceeding six months, or to such imprisonment without the option of a fine or to both such fine and imprisonment.

            (5) Any person who-

     (a)     threatens, resists or hinders or obstructs, or uses foul, abusive or insulting language towards or at, an inspector in the exercise of his powers and the execution of his duties under this section; or

     (b)     falsely holds himself out to be an inspector,

shall be guilty of an offence and liable on conviction to a fine not exceeding P200, or, in default of payment thereof, to imprisonment for a term not exceeding six months, or to such imprisonment without the option of a fine or to both such fine and imprisonment.

 

32.     Regulations

 

            (1) The Minister may, by statutory instrument, make regulations for the more effective carrying out of the provisions of this Act and in particular and without prejudice to the generality of this power may make regulations relating to all or any of the following matters and may apply all or any such regulations to all waterworks areas or to any waterworks area in particular-

     (a)     the suspension of any water supply;

     (b)     the prevention of waste of water;

     (c)     the inspection and testing of meters, pipes, fittings and other appliances whereby or in connection with which water is supplied to any premises; and

     (d)     the forms of all notices required to be given and sent under this Act and the issuing and service thereof.

            (2) The regulations may provide that any person who contravenes any provision thereof or who fails to comply with any order, requirement or condition lawfully issued to or imposed on him by virtue of any regulation and with which it is his duty to comply shall be guilty of an offence.

            (3) Regulations made under this section shall specify what penalty may be imposed for each offence thereby created and may also provide different penalties in the case of successive or continuous offences but no such penalty shall exceed a fine of P200 or, in default of payment thereof, imprisonment for a period of six months, or such imprisonment without the option of a fine or both such fine and imprisonment.