PART III
WATER UNDERTAKING OF BOARD AND WATER SERVICE WORKERS
Tariffs for supply of water and apparatus
20.—(1)  The prices to be charged for the supply of water by the Board and the hire of apparatus shall be in accordance with such tariffs as may from time to time be prescribed.
(2)  Nothing in this section shall prevent the Board from —
(a)charging other prices by special agreement which need not be prescribed; or
(b)fixing, with the approval of the Minister, different tariffs for consumers similarly situated for a temporary period.
(3)  The Board shall, in fixing tariffs and making agreements for the supply of water, neither show undue preference as between consumers similarly situated nor exercise undue discrimination as between persons similarly situated, having regard to the place and time of supply, the quantity supplied, and the purpose for which the supply is taken.
Board to supply water for human consumption
21.—(1)  Subject to the provisions of this Act, the Board may supply water for human consumption to any person who undertakes to enter into an agreement with the Board for the supply upon such terms and conditions as the Board may determine.
(2)  The Board may require any person who requires a supply of water for human consumption to accept in respect of the supply —
(a)any condition requiring the person to provide sufficient premises, and to construct rooms, buildings or structures, as may be considered necessary by the Board for the purposes of the supply; and
(b)any condition giving the Board the right to use the premises, rooms, buildings or structures provided or constructed under paragraph (a) as the Board thinks fit.
(3)  The Board may, in its discretion, refuse to give, or may discontinue, a supply of water for human consumption to any building which —
(a)has been erected in contravention of any written law;
(b)is in a ruinous or dangerous condition; or
(c)has a water service installation that is in an unsatisfactory condition.
(4)  The Board shall not be liable for any loss or damage caused to any person by such refusal or discontinuance of the supply of water to the person under subsection (3).
Board may require security
22.—(1)  Subject to this section, the Board may require any person who requires a supply of water to give the Board reasonable security for the payment to it of all moneys which may become due to the Board —
(a)in respect of the supply; or
(b)in respect of the provision of any water installation.
(2)  If that person fails to give the security, the Board may, if it thinks fit, refuse to give the supply or to provide any water installation for so long as the failure continues.
(3)  Where any person has not given the security mentioned in subsection (1), or the security given by any person has become invalid or insufficient —
(a)the Board may by notice require that person, within 7 days after the service of the notice, to give the Board reasonable security for the payment of all moneys which may become due to the Board in respect of the supply; and
(b)if that person fails to give the security, the Board may if it thinks fit discontinue the supply for so long as the failure continues.
(4)  The Board shall not be liable for any loss or damage caused to any person by the discontinuance of the supply of water to the person under subsection (3).
Board may cut off supply of water in default of payment
23.—(1)  If any person entitled to a supply of water under any agreement under section 21 makes default in payment of any sum payable by him under the agreement, the Board may discontinue the supply of water by severing or disconnecting any pipe (whether or not belonging to or under the control or management of the Board) or other work through which water is supplied and may, until any sum payable under the agreement together with the expenses incurred by the Board in so discontinuing the supply are fully paid, discontinue the supply of water to that person.
(2)  If, in the opinion of the Board, any person is responsible for the misuse or waste of any water supplied by the Board, the Board may give notice in writing to that person calling upon him to cause the misuse or waste to be discontinued within a period to be specified in the notice and, if the misuse or waste continues after the expiry of that period, the Board may discontinue the supply of water to that person by severing or disconnecting the service pipe or by such other means as it thinks fit.
(3)  The Board shall not be liable for any loss or damage caused to any person by the discontinuance of the supply of water to the person under subsection (1) or (2).
Power to enter upon premises for survey, inspection, etc.
24.—(1)  The Board may, for the purposes of this Act, by its employees, agents or contractors, enter at all reasonable hours in the day time any premises for the purpose of making any survey or inspection and for the purpose of executing any work authorised by this Act to be executed by the Board without being liable to pay any person any fee, charge or expense or to any legal proceedings or molestation on account of such entry or of anything done in any part of the premises under this Act.
(2)  Subject to subsection (3), the Board shall not by its employees, agents or contractors enter any dwelling-house in actual occupation, except with the consent of the occupier thereof, without 6 hours previous notice to the occupier.
(3)  The Minister may declare that any class of premises for the control and supervision of which regulations may be made under this Act shall be liable to night inspection, and thereupon any employee, agent or contractor in that behalf duly authorised in writing by the Board may, at any time of the day or night and without notice, enter using such force as may be necessary and search or inspect any premises of the class specified in the declaration.
Recovery of moneys due to Board
25.—(1)  If the amount of any moneys which is due from any person for —
(a)the supply of water by the Board to any premises owned or occupied by him;
(b)work done or materials provided in connection therewith; or
(c)the supply or hire by the Board of any water fitting, apparatus, appliance, accessory or appurtenance thereof,
is not paid within the time allowed for such payment to be made, a notice may be issued requiring the defaulter to pay the same, together with a fee of such amount as may be prescribed for the cost of issuing the notice, within 7 days from the date thereof.
(2)  If such amount and fee are not paid within the period of 7 days, a warrant may be issued by the Board to any employee of the Board named therein, directing him to levy the same and the costs of recovery by seizure and sale of the movable property of the defaulter.
(3)  The person to whom any such warrant is addressed may break open in the day time any house or building for the purpose of seizing property in pursuance of the warrant.
(4)  Such fees as may be prescribed shall be payable by way of costs in the case of the issue of a warrant for the recovery of any debts under this section.
(5)  The person to whom any such warrant is addressed shall make an inventory of the property seized under the warrant and shall at the same time give notice in writing to the person in possession thereof at the time of seizure that the property will be sold.
(6)  The property seized by virtue of any such warrant shall be sold by public auction by the person to whom the warrant is addressed or by some other person appointed by the Board at any time after the expiration of 7 days from the date of the seizure, unless in the meantime the amount of the debt and the costs mentioned in the warrant have been paid.
(7)  The surplus, if any, accruing from such sale, after deducting the amount of the debt and the costs, shall be paid to the owner of the property so sold.
(8)  Any surplus remaining unclaimed for a period of 12 months from the date of the sale shall be paid to the credit of the Board’s fund and no person thereafter shall be entitled to demand and receive it.
Relocation of water installation
26.  The Board may, at the request of the owner or occupier of any premises under or upon which any water installation is situated, relocate the water installation if the Board is satisfied that such relocation is reasonable and the owner or occupier complies with such terms and conditions as the Board may impose, including terms and conditions relating to the payment by the owner or occupier of all costs and expenses necessary for such relocation.
Board may stop or interrupt supply of water
27.—(1)  The Board may, notwithstanding any agreement made with any consumer for the supply of water, stop, turn off or divert in part or wholly the water in any main or other works under its control or management —
(a)upon the occurrence of an emergency, fire, or excessive drought;
(b)if this is necessary to facilitate the repair to any main, construction of new works, alteration to or maintenance of existing works, or the installation, changing or removal of any meter;
(c)if this is necessary to avoid inconvenience to other consumers or undue interference with the water supply to other consumers;
(d)if this is necessary to conserve water supply; or
(e)if it is in the interests of public safety or in the public interest to do so.
(2)  The Board shall not be liable in respect of any loss or damage caused to any person by reason of —
(a)any failure to provide or delay in providing any supply of water or any apparatus associated therewith; or
(b)any failure, interruption, suspension or restriction of any supply of water.
Board may reduce supply of water
28.  The Board may, without incurring any liability for so doing other than the liability to make a proportionate abatement in the sum agreed to be paid for the supply of water, reduce as the Board thinks fit the quantity of water supplied in any case, if at any time it is of the opinion that its supply of water is insufficient for purposes of normal supply to the public.
Property of Board not to be subject to distress or taken in execution
29.  When any pipe or other apparatus belonging to the Board is placed in or upon premises not being in the possession of the Board for the purpose of supplying water, the pipe or other apparatus shall not be subject to distress or be taken in execution under any process of any court or in any proceedings in bankruptcy against the person in whose possession it is.
Apparatus, appliances, etc., let for hire by Board not to be subject to distress or taken in execution
30.  Any apparatus, appliance, accessory, fitting and appurtenance let for hire by the Board and placed in or upon any premises not being in the possession of the Board shall not be subject to distress or be taken in execution under any process of any court or in any proceedings in bankruptcy against the person in whose possession it is.
Power to enter premises to examine pipes, etc.
31.—(1)  The Board may by its employees at all reasonable hours in the day enter any premises to which water is or has been supplied by the Board for all or any of the following purposes:
(a)to examine and if necessary repair, renew or replace the pipes, meters, fittings, works or apparatus for the supply of water belonging to or which are supplied from mains belonging to the Board;
(b)to ascertain the quantity of water consumed or supplied;
(c)when the Board is authorised to discontinue the supply of water from any premises, to remove any pipe, fitting, work or apparatus belonging to the Board;
(d)to repair any damage caused by such entry, inspection or removal.
(2)  The Board may by its employees at all reasonable hours in the day enter upon or pass through any premises into, through, by, along or under which any of its mains, pipes or other works or any main, pipe or work connected therewith passes or is located —
(a)to inspect and, if necessary, to repair, alter, take up, relay, rearrange or otherwise deal with them as the circumstances may require; and
(b)to repair any damage caused by such entry or anything done under paragraph (a).
(3)  The Board shall not be liable to pay any person any fee, charge or expense or to any legal proceedings or molestation on account of such entry or of anything done to the premises under this section.
Power to enter upon premises adjacent to works
32.—(1)  The Board may, by its employees, agents or contractors, enter any premises adjoining to or being within the distance of 100 metres of any works by this Act authorised to be made —
(a)for the purpose of depositing upon the premises any soil, gravel, sand, lime, brick, stone or other materials; or
(b)for any other purpose connected with those works,
without making any previous payment, tender or deposit.
(2)  The Board shall cause as little damage as possible in the exercise of its power under subsection (1) and shall make compensation —
(a)to the owner and the occupier for such temporary occupation or temporary damage of the land from time to time and as often as such temporary occupation is taken or any such temporary damage is done; and
(b)to the owner for the permanent damage, if any, to the premises.
(3)  Before the Board exercises its power under subsection (1), it shall give 7 days notice in writing of its intention to the owner and occupier of the premises and shall set apart by sufficient fences so much of the premises as is required to be used from the other premises adjoining thereto.
Removal of obstruction over existing water main or connecting pipe
33.—(1)  Where the Board is of the opinion that any structure, object or any accumulation of any substance that exists above or in the vicinity of any main or connecting pipe belonging to the Board hinders or obstructs or is likely to hinder or obstruct access to such water main or connecting pipe, the Board may, by notice in writing direct —
(a)the person to whom the structure, object or accumulation of substance belongs;
(b)the person who caused the structure, object or accumulation of substance to be where it exists; or
(c)the owner or occupier of the premises on which the structure, object or accumulation of substance exists,
to remove the structure, object or accumulation of substance within such time as may be specified in the notice.
(2)  Where the person on whom a notice under subsection (1) has been served fails to comply with it —
(a)he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)the Board may —
(i)take all steps as it thinks necessary to secure the removal of the structure, object or accumulation of substance; or
(ii)relocate or divert the water main or connecting pipe,
and recover any costs reasonably incurred by it from such person.
Notice of obstruction of pipe or other apparatus to be given to Board
34.—(1)  Where any pipe or other apparatus placed in or upon any premises for the use or supply of water to the occupier of the premises becomes obstructed or in any way damaged so as to cause a waste of water, the occupier shall, immediately on the same coming to his knowledge, give notice thereof to the Board.
(2)  Any such occupier who neglects to give such notice after acquiring such knowledge shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, and the supply may be summarily discontinued by the order of the Board until the necessary repairs are effected.
Penalty or late payment charge
35.  The Board may, with the approval of the Minister, prescribe a penalty or late payment charge (such penalty or late payment charge, if unpaid, to constitute a debt due to the Board and be recoverable as such) to be paid by a consumer to the Board for late payment of any fee or charge payable under this Act.
Contribution towards capital outlay to provide water supply
36.—(1)  Where the Government considers it necessary for water supply to be provided in any area, whether for domestic or non-domestic purposes, and where the Board considers it uneconomical to provide the supply without a contribution from the Government, the Government may make such contribution towards the capital outlay necessary to provide the supply as may be estimated by the Board and agreed by the Government.
(2)  Where the owner of any land proposes to erect thereon buildings for which water supply will be needed, whether for domestic or non-domestic purposes, and it is uneconomical for the Board to provide the supply, the Board may require the owner to make such contribution towards the capital outlay necessary to provide the supply as may be estimated by the Board and agreed by the owner.
(3)  A supply of water for domestic purposes shall not include a supply of water —
(a)for cattle or horses or for washing vehicles where the cattle, horses or vehicles are kept for sale or hire or kept by a common carrier;
(b)where the supply is used substantially for watering lands or gardens or for fountains or for any ornamental purpose; or
(c)to any premises any part of which is used for the purpose of any trade, manufacture or business.
General provisions relating to discontinuation of supply of water
37.—(1)  If, at any time after the supply of water to any premises has been discontinued by the Board under any provision of this Act, it is found that the supply has been reinstated without the authority of the Board and the water is being used by any person on the premises, the occupier of the premises shall be deemed, until the contrary is proved, to have authorised such user and shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and to a further fine not exceeding $250 for every day or part thereof during which the offence continues after conviction.
(2)  Where the Board has discontinued the supply of water to any premises under this Act, the Board may resume the supply within a reasonable time if the person in default —
(a)has made good the default; and
(b)has paid the reasonable expenses of disconnecting and re-connecting the supply.
Board in executing works to provide convenient ways, etc.
38.—(1)  The Board in executing any works directed or authorised to be made shall provide and make a sufficient number of convenient ways, watercourses, drains and channels in the place of such as are interrupted, damaged or rendered useless by reason of the execution of the works.
(2)  The Board shall make reasonable compensation to any person who suffers damage by reason of the same.
Entry into Board’s premises without consent, etc.
39.—(1)  Notwithstanding any written law, no person shall enter or use any premises belonging to the Board, or reserved for the Board for laying of a main, without the prior consent in writing of the Board.
(2)  The Board may, by notice in writing, require any person whose cable, pipe, main or other property of whatever description is located under, over, in, on, along or across the premises mentioned in subsection (1) to remove the cable, pipe, main or property from the premises within the period specified in the notice.
(3)  All costs and expenses incurred by the person in complying with such notice shall be borne by him.
(4)  Any person who contravenes subsection (1) shall be guilty of an offence.
Licensing of water service worker
40.—(1)  Subject to subsection (3), no person shall —
(a)perform or carry out personally any water service work or offer or undertake to perform or carry out personally any such work; or
(b)advertise or otherwise hold himself out as a water service worker or as a licensed water service worker, or as a person competent or qualified or legally permitted personally to perform or carry out water service work,
unless he is licensed as a water service worker in respect of that water service work.
(2)  The Board may —
(a)grant, suspend, cancel, alter, extend, renew or replace any water service worker licence granted under this section;
(b)classify any water service worker licence in such manner as it determines;
(c)specify the nature of the water service work in respect of which a water service worker licence is granted and restrict such work to any type or class of water service work or any type or class of water service installation;
(d)specify the circumstances or manner in which the holder of a water service worker licence may perform or carry out water service work; or
(e)attach any exemptions to any water service worker licence or impose any terms, conditions or restrictions thereon.
(3)  The Board may, from time to time, by notification in the Gazette, specify any water service work which may be carried out by any person without a water service worker licence granted under this section.
(4)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
(5)  Where an offence is committed under this section by any person who is the agent, employee or sub-contractor of another person, that other person shall be liable under this section in the same manner and to the same extent as if he had personally committed the offence unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence.
(6)  This section shall not apply to any employee of the Board in the performance of his duties or any professional engineer registered under the Professional Engineers Act (Cap. 253).