Unauthorised connection with main, contamination, wastage, etc.
50.—(1) Any person who —
(a)
lays or causes to be laid any pipe or line to communicate with any main, pipe, standpipe, hydrant or line belonging to or under the management or control of the Board without the consent of the Board;
(b)
wastes any water;
(c)
causes contamination to water supplied by the Board; or
(d)
wilfully does any act which interferes with or disrupts the supply of the water of the Board,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.
(2) Any person who —
(a)
dishonestly or fraudulently abstracts, uses or consumes, or dishonestly or fraudulently diverts or causes to be diverted, any water supplied by the Board;
(b)
without the written consent of the Board, supplies for consideration any other person with any water supplied to the first-mentioned person for any purpose by the Board; or
(c)
alters or tampers with any meter supplied by the Board,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part thereof during which the offence continues after conviction.
(3) Where any person is prosecuted for an offence under subsection (2)(c) —
(a)
the possession by him of any device for altering the index of any meter or for preventing any meter from duly registering the quantity of water supplied by the Board;
(b)
the existence of any hole on the meter cover of any meter supplied by the Board; or
(c)
the existence of any damage to the seal of any meter,
when the meter is in the custody or under the control of the person, shall be prima facie evidence that the person has altered or tampered with the meter.
Informal Consolidation | Amended Act 13 of 2020
Unauthorised connection with main, contamination, wastage, etc.
50.—(1) Any person who —
(a)
lays or causes to be laid any pipe or line to communicate with any main, pipe, standpipe, hydrant or line belonging to or under the management or control of the Board without the consent of the Board;
(b)
wastes any water;
(c)
causes contamination to water supplied by the Board; or
(d)
whether wilfully or otherwise, does any act which interferes with or disrupts the supply of the water of the Board,
[Act 9 of 2012 wef 01/09/2012]
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.
(2) Any person who —
(a)
dishonestly or fraudulently abstracts, uses or consumes, or dishonestly or fraudulently diverts or causes to be diverted, any water supplied by the Board;
(b)
without the written consent of the Board, supplies for consideration any other person with any water supplied to the first-mentioned person for any purpose by the Board;
[Act 13 of 2020 wef 30/04/2020]
(ba)
without the consent of the Board, interferes with, interrupts or obstructs the operation of any meter supplied by the Board; or
[Act 13 of 2020 wef 30/04/2020]
(c)
alters or tampers with any meter supplied by the Board,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part thereof during which the offence continues after conviction.
(2A) Where a person is prosecuted for an offence under subsection (2)(ba) in respect of an AMI meter, the installation, placement or erection by the person of any device, structure or object that is designed or is capable of being used to interfere with, interrupt or obstruct the electromagnetic function of an AMI meter, when the AMI meter is in the custody or under the control of the person, is prima facie evidence that the person has interfered with, interrupted or obstructed the operation of the AMI meter.
[Act 13 of 2020 wef 30/04/2020]
(3) Where any person is prosecuted for an offence under subsection (2)(c) —
(a)
the possession by him of any device for altering the index of any meter or for preventing any meter from duly registering the quantity of water supplied by the Board;
(b)
the existence of any hole on the meter cover of any meter supplied by the Board; or
(c)
the existence of any damage to the seal of any meter,
when the meter is in the custody or under the control of the person, shall be prima facie evidence that the person has altered or tampered with the meter.
(3A) Without limiting subsection (3), where a person is prosecuted for an offence under subsection (2)(c) in respect of an AMI meter —
(a)
the existence of a cut in the wires leading to or within the AMI meter;
(b)
the disconnection of wires leading to or within the AMI meter that were connected at the time the AMI meter was supplied;
(c)
the existence of a hole in the body of an AMI meter which did not exist at the time that the AMI meter was supplied; or
(d)
the removal, modification or displacement of, or damage to, any seal, screw, component or mechanism of the AMI meter,
when the AMI meter is in the custody or under the control of the person, is also prima facie evidence that the person has altered or tampered with the meter.
[Act 13 of 2020 wef 30/04/2020]
(4) In any proceedings for an offence under subsection (1) or (2)(b) or (c), it shall be a defence for the person charged under any of those provisions (but not by virtue of section 56A) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.