Water and Sewerage Act

LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
WATER AND SEWERAGE ACT

CHAPTER 54:40
Act
16 of 1965
Amended by
9 of 1969
32 of 1969
3 of 1970
7 of 1978
45 of 1979
*20 of 1981
*24 of 1981
28 of 1994
*See Note on Amendment at page 2
Current Authorised Pages

Pages Authorised
(inclusive) by L.R.O.
1–116 ..
UNOFFICIAL VERSION L.R.O.
UPDATED TO DECEMBER 31ST 2012

2 Chap. 54:40 Water and Sewerage
Index of Subsidiary Legislation

Page
Resolution (GN 99/1958) … … … … … … 107
Prevention of Water Pollution (Courland Water Works) Bye-laws (GN 61/1973) 109
Prevention of Water Pollution (Quare River, Valencia) Bye-laws (GN 91/1977) 110
Public Standpipe Regulations (GN 67/1977) … … … … 111
Water and Sewerage Authority (Separate Sewerage Areas) Order (GN 127/1965) 112
Water and Sewerage Authority (Separate Sewerage Areas) Order (GN 112/ 1974) 114
Water and Sewerage Authority (Separate Sewerage Areas) Order (LN 97/1987) 115
Water and Sewerage Authority (Tax Exemption) Order (LN 220/1990) … 116
Note on Part II—Staff (page 20)

Under section 3(2) of the Statutory Authorities Act (Chapter 24:01), the Water and Sewerage
Authority has been declared a statutory authority subject to the provisions of that Act (see
Chapter 24:01—Subsidiary Legislation). So long as this declaration remains in force, the
provisions of this Act relating to staff must be read and construed accordingly.
Note on Adaptation
1. Certain fees in this Chapter were increased by the Commission under paragraph 4 of the
Second Schedule to the Law Revision Act (Ch. 3:03). Where this occurs, a marginal reference
in the form normally indicating an amendment is made to LN 51/1980 (the Legal Notice by
which the President’s approval was signified).
2. Under paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the
Commission amended certain references to public officers in this Chapter. The Minister’s
approval of the amendments was signified by LN 120/1980, but no marginal reference is
made to this Notice where any such amendment is made in the text.
Note on Amendment
Section 76(5) of this Act has been amended by Act No. 20 of 1981 and paragraph 11 of Part II
of the Second Schedule has been amended by Act No. 24 of 1981.
However, Acts No. 20 and No. 24 of 1981 had not up to the date of the revision of this Act
been brought into operation.
UNOFFICIAL VERSION

Water and Sewerage Chap. 54:40 3
CHAPTER 54:40
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
PRELIMINARY
2. Interpretation.
PART I
THE WATER AND SEWERAGE AUTHORITY

ESTABLISHMENT OF AUTHORITY
3. Establishment and incorporation of Authority.

4. Custody and use of seal.
PROCEDURE
5. Procedure and meetings of the Authority.

6. Appointment of committees.
7. Standing Advisory Committees.
8. Power of Authority to delegate.
GENERAL FUNCTIONS, POWERS AND DUTIES OF THE AUTHORITY
9. General functions, duties and powers.

10. Policy directions.
VESTING OF PROPERTY IN THE AUTHORITY
11. Assets and liabilities of the Authority.
MISCELLANEOUS
12. Remuneration of Commissioners.

13. Declaration of interest.
14. Execution of documents.
15. Annual report of Authority.

ARRANGEMENT OF SECTIONS—Continued
SECTION
PART II
ADMINISTRATION
GENERAL
16. Act to be administered as a whole.
PERSONNEL
17. Appointment of officers and other employees.
18. Priority of officers and employees of former Authorities.
19. Transfer of officers of Government to the Authority.
20. Transfer on secondment.
21. Establishment of a Pension Scheme.
22. Content of Pension Scheme.
23. Certain conditions of employment of staff of existing water and
sewerage services by the Authority.
24. Compensation for loss of office.
25. Responsibility of officers.
FINANCIAL PROVISIONS
26. Financial.
27. Funds and resources of Authority.
28. Guarantee of borrowings of Authority.
29. Application of revenue.
30. Authorised Investments.
31. Duty of the Authority in financial matters.
32. Accounting of Authority.
33. Cash deposits and payments.
34. Rules made by the Authority.
LOCAL AUTHORITIES AS AGENTS OF AUTHORITY

35. Local authorities—agents of Authority.
36. Areas to which agency applies.
37. Rules fixing proportion of rates to be paid to Authority.
38. Termination of agency.
UNOFFICIAL VERSION

SECTION
39. Compensation for Waterworks.

40. Interpretation of sections 35 to 41.
41. Power of Authority to appoint local authorities its agents for
certain purposes.
PART III
WATER
RESPONSIBILITY FOR WATER AND PLANNING
42. Responsibility of Authority for water.
43. Authorisation of water purveyors.
44. Licences to abstract water for industrial purposes.
45. Power to require local authorities and water purveyors to carry out
surveys and formulate proposals.
46. Power of Authority to require records and information from persons
abstracting water.
CONSERVATION AND PROTECTION OF WATER RESOURCES

47. Control of abstraction and prevention of waste.
48. Agreements as to drainage, etc., of land.
49. Power to prohibit or restrict temporarily use of hosepipes.
50. Bye-laws for preventing waste, misuse or contamination of water.
51. Bye-laws for preventing pollution of water of Authority, etc.
52. General provision as to Bye-laws.
53. Penalty for polluting water used for human consumption.
54. Execution of works for protection of water.
ACQUISITION OF WATER RIGHTS

55. Power of Authority to acquire water rights.
56. Public standpipes.
MISCELLANEOUS AND GENERAL

57. Temporary discharge of water into watercourses.
58. Responsibility of Authority for sanitation connected with water.
59. Application of Third and Fourth Schedules to Authority and water
purveyors, etc.
60. Penalty for giving false information.

ARRANGEMENT OF SECTIONS—Continued
SECTION
PART IV
SEWERAGE
PRELIMINARY
61. Interpretation of Part IV.
RESPONSIBILITY FOR SEWERAGE, SANITATION AND

WORKS AND FITTINGS IN BUILDINGS
62. Responsibility of Authority for sewerage.

63. Responsibility of Authority for sanitation and construction of sanitary
conveniences in buildings.
CONSTRUCTION AND OPERATION OF SEWERAGE WORKS
64. Authority may cause sewerage works to be constructed.

65. Division of Trinidad and Tobago into sewerage areas.
66. Authority to enforce construction of water closets and house sewers
in each area.
PAYMENT FOR CERTAIN WORKS
67. Payment of cost of house sewers and collecting sewers.

68. Recovery by Authority from owner of expenses for work done.
SANITARY CONSTRUCTORS
69. Power of Authority to grant licences to sanitary constructors or suspend
or cancel licences.
70. Application of Third and Fifth Schedules to Authority.
PART V
GENERAL AND MISCELLANEOUS

ACQUISITION OF LAND AND WATER RIGHTS
71. Power of Authority to acquire land compulsorily.
UNOFFICIAL VERSION

SECTION
MISCELLANEOUS POWERS AND DUTIES OF THE AUTHORITY

72. Power to supply water fittings, etc.
73. Authority to provide domestic supply and sewerage facilities for
new buildings.
LIABILITY FOR AND RECOVERY OF WATER RATES AND

SEWERAGE RATES
74. Liability for and recovery of, water rates and sewerage rates.
75. Transitional provision concerning water and sewerage rates.
PROVISIONS AS TO RECOVERY OF EXPENSES, ETC.

76. Certain expenses recoverable from owners to be a charge on the
premises; power to order payment by instalments.
77. Limitation of liability of certain owners.
MISCELLANEOUS
78. Judges and Justices not to be disqualified by liability to rates.
79. Penalty for obstructing execution of Act.
80. Power to require occupier to permit works to be executed by owner.
81. Continuing offences and penalties.
82. Recovery of expenses, etc.
83. Offences and penalties.
84. Regulations.
85. Legal proceedings.
86. Exemption from taxes.
87. Act binds the State.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
FOURTH SCHEDULE.
FIFTH SCHEDULE.

CHAPTER 54:40
16 of 1965. An Act to provide for the development and control of

water supply and sewerage facilities in Trinidad and
Tobago and matters of sanitation incidental thereto; the
promotion of the conservation and proper use of water
resources; and for the establishment of an Authority to
administer the several purposes aforesaid and matters
connected therewith.
Commencement.
84/1965.
[1ST SEPTEMBER 1965]
Short title. 1. This Act may be cited as the Water and Sewerage Act.
PRELIMINARY
Interpretation. 2. In this Act—
[32 of 1969].
“Appeal Board” means the Appeal Board constituted under
Ch. 4:50. section 3 of the Tax Appeal Board Act;
“Authority” means the Water and Sewerage Authority established
by section 3;
“Central Water Distribution Authority” means the authority in
whom the property transferred by section 11(1)(a)(ii) was,
before the commencement of this Act, vested under or by
virtue of any written law repealed by this Act;
“Chairman” means the Chairman of the Authority;
“Commissioner” means a duly appointed member of
the Authority;
“cut off ”, in relation to a supply of water, means stop the supply
whether by operating a tap, by disconnecting pipes,
or otherwise;
“Deputy Chairman” means the Deputy Chairman of the Authority;
“Executive Director” means the Executive Director of
the Authority;
UNOFFICIAL VERSION

“existing sewerage system” means the sewerage system that,

before the commencement of this Act, was vested in the
Port-of-Spain Corporation under Part XVII of the
Port-of-Spain Corporation Ordinance (repealed by the Ch. 39 No. 1.
(1950 Ed.).
Municipal Corporations Act, 1990) and includes any other 21 of 1990.
system of sewers for the disposal of sewage as defined in
section 61(1) now vested in a statutory authority;
“house” means a dwelling house, whether a private dwelling
house or not, and includes any part of the building if that
part is occupied as a separate dwelling house;
“land” includes any interest in land and any easement or right in,
to or over land;
“local authority” means the Port-of-Spain Corporation, the
San Fernando Corporation, and the Borough of Arima
established under the Municipal Corporations Act; Ch. 25:04.
“owner” means the person for the time being receiving the rack
rent of the premises in connection with which the word is
used, whether on his own account or as agent or trustee for
any other person, or who would so receive the same if those
premises were let at a rack rent;
“premises” includes land;
“prescribed” means prescribed by the Authority under this Act;
“public standpipe” means any fountain, standpipe, dipper, valve,
tap or appliance used or intended to be used for supplying
water to the public generally or to a section of the public,
and in respect of which water rate is levied by or under
this Act;
“regulations” means regulations made by the Authority under
this Act;
“rules” means rules made by the Authority under this Act;
“Secretary” means the Secretary of the Authority;
“sewer system” means the system of sewers the property of the
Authority that have been and shall hereafter be constructed
under any agreement between the Government, or after the

commencement of this Act, the Authority, and contractors

relating to such system of sewers whereby sewage as defined
in section 61(1) is or is intended to be conveyed and disposed
of, and includes—
(i) the existing sewerage system;
(ii) a sewerage system within the meaning of
Third Schedule. paragraph 25 of the Third Schedule; and
(iii) all buildings, pumps, machinery,
appliances, and accessories used, employed
or operated in connection with the
sewer system;
“sewerage facilities” means the provision of the service of
removal of sewage [within the meaning of section 61(1)] by
means of the sewer system or any part thereof and includes
services incidental thereto, and permitted under this Act;
“sewerage works” means streets sewers, collecting sewers and
house sewers, and works or appliances of every kind forming
part of the construction of the sewer system or necessary
accessory, or incidental thereto and includes pumping stations
and treatment plants;
“Standing Orders” means Standing Orders made by the Authority
under section 5(7);
“street” includes any highway, including a highway over any
bridge, and any road, lane, footway, square, court, alley or
passage, whether a thoroughfare or not;
“watercourse” includes all rivers, streams, ditches, drains, cuts,
culverts, dykes, sluices, sewers (other than the sewer system)
and passages, through which water flows;
“water fittings” includes pipes (other than mains), taps, cocks,
valves, ferrules, meters, cisterns, baths, water closets, soilpan
and other similar apparatus used in connection with the
supply and use of water;
“water purveyor” means any company or other person authorised
by the Authority under section 43 to supply water;
“waterworks” includes all pipes, mains, canals, weirs, buildings,
erections, pumps and machinery, appliances and works, used
UNOFFICIAL VERSION

or intended to be used for or in connection with the supply

of water for domestic purposes, but does not include service
pipes, within the meaning of section 61(1).
PART I
THE WATER AND SEWERAGE AUTHORITY

ESTABLISHMENT OF AUTHORITY
3. (1) An Authority is hereby established for the purposes Establishment

and
of this Act, and is a body corporate. incorporation
of Authority.
(2) The Authority shall consist of no fewer than five nor [9 of 1969].
more than nine persons, to be designated Commissioners, appointed

by the Minister. Four Commissioners shall be appointed from
amongst persons who have special qualifications in, and have had
experience of, matters relating to engineering, accountancy, law,
economics or business management.
(3) The Minister shall appoint a Chairman and a Deputy
Chairman from among the Commissioners.
(4) Appointment to the office of Commissioner shall,
subject to the provisions of subsection (5), be for such period, being
not more than five years, as the Minister shall specify at the time
of the appointment.
(5) A Commissioner may at any time resign his office by
instrument in writing addressed to the Chairman, who shall
forthwith cause it to be forwarded to the Minister.
(6) The appointment of any person as a Commissioner
and the termination of office of any person as a Commissioner
whether by death, resignation, revocation, effluxion of time or
otherwise, shall be notified in the Gazette.
(7) If a Commissioner is unable to perform the functions
of his office owing to absence from Trinidad and Tobago or to
inability for any reason, the Minister may appoint some other person
to act as a temporary Commissioner during the time such absence
or inability continues.

Custody and 4. (1) The seal of the Authority shall be kept in the custody
use of seal.
either of the Chairman or the Deputy Chairman, or of the
Secretary, as the Authority may determine, and may be affixed to
instruments pursuant to Standing Orders or to a resolution of the
Authority and in the presence of the Chairman or Deputy Chairman,
and of one other member, and the Secretary.
(2) The seal of the Authority shall be attested by the
signature of the Chairman or Deputy Chairman, and the Secretary.
(3) All documents, other than those required by law to be
under seal made by, and all decisions of, the Authority may be
signified under the hand of the Chairman or Deputy Chairman
or the Secretary.
(4) Service upon the Authority of any notice, order or
other document shall be executed by delivering the same or by
sending it by registered post addressed to the Secretary at the office
of the Authority.
PROCEDURE
Procedure and 5. (1) The Authority shall meet at least once a month and at
meetings of
the Authority. such other times as may be necessary or expedient for the
[6 of 1969].
transaction of business, and such meetings shall be held at such
place and time and on such days as the Authority determine.
(2) The Chairman may at any time call a special meeting
of the Authority and shall call a special meeting within seven days
of the receipt of a requisition for that purpose addressed to him by
any three Commissioners.
(3) The Chairman, or in his absence the Deputy Chairman,
and two other Commissioners shall form a quorum.
(4) Minutes in proper form of each meeting shall be kept
by the Secretary and shall be confirmed by the Chairman or the
Deputy Chairman at a subsequent meeting. Certified copies of such
minutes when so confirmed shall be forwarded to the Minister.
(5) The Authority may co-opt any one or more persons to
attend any particular meeting of the Authority for the purpose of
UNOFFICIAL VERSION

assisting or advising the Authority, but no such co-opted person

shall have any right to vote.
(6) Where an Executive Director is not a Commissioner,
he shall nevertheless attend all meetings of the Authority
unless the Minister otherwise directs, but he shall not have any
right to vote.
(7) Subject to this section, the Authority may by Standing
Orders regulate its own proceedings.
6. (1) The Authority may appoint committees to examine Appointment of

committees.
and report to it on any matter whatsoever arising out of or connected [6 of 1969
45 of 1979].
with any of its powers and duties under this Act.
(2) A committee appointed by the Authority shall consist
of at least one member of the Authority together with such other
persons, whether members of the Authority or not, whose assistance
or advice the Authority may desire.
(3) Where persons, not being members of the Authority,
are members of a committee appointed under this section, the
Authority may with the approval of the Minister, by resolution,
declare the remuneration and allowances of such person, and
such sums shall be so payable out of the funds and resources of
the Authority.
(4) The Authority may by resolution reject the report of
any such committee or adopt it either wholly or with such
modifications, additions or adaptations as the Authority may
think fit.
7. (1) For the purpose of advising the Authority on such Standing

Advisory
matters concerning the exercise of its powers and functions and Committees.
the performance of its duties as are referred to in subsection (4),
the Authority shall establish Standing Advisory Committees (in
this section referred to as an “Advisory Committee”) for the
Port-of-Spain Corporation, the San Fernando Corporation and the
Borough of Arima, respectively.
(2) An Advisory Committee shall consist of a
Commissioner, who shall be chairman and two other persons

representing the respective local authorities, each of whom shall

be appointed by the Authority acting in accordance with the advice
of the local authority concerned, for such period as is provided, in
the discretion of the Authority, in the terms of the appointment.
(3) The appointment and termination of office of the
chairman and every such member of the Advisory Committee
whether by death, resignation, revocation or effluxion of time or
otherwise shall be notified in the Gazette.
(4) The matters, concerning which an Advisory
Committee is by virtue of this section established and authorised
to advise the Authority are as follows:
(a) the demand for water supplies in its district, and
the employment of the water resources in or
available for that district in order to meet the
future water supply requirements of the district;
(b) subject to any other written law, the fixing of a
water rate or the making of any charge in respect
of the supply of water for domestic purposes
within its district;
(c) such other matters as are referred to an Advisory
Committee by the Authority for advice.
(5) The Authority may by resolution reject the advice of
any Advisory Committee or adopt it either wholly or with such
modifications, additions or adaptations as the Authority may
think fit.
(6) In this section “district” means the area in respect of
which a local authority was, before the commencement of this
Act, authorised by or under any written law relating to local
authorities to perform any duties and exercise any powers in
relation to the provision of water supplies in such area.
Power of 8. Subject to this Act and to the prior approval of the Minister,
Authority
to delegate. the Authority may delegate to a Commissioner or a committee,
power and authority to carry out on its behalf such duties and
functions and to exercise such powers as the Authority may
UNOFFICIAL VERSION

determine; but any such delegation shall be revocable at will and

shall not preclude the Authority from acting from time to time as
occasion requires.
GENERAL FUNCTIONS, POWERS AND DUTIES OF THE AUTHORITY
9. (1) It is the duty of the Authority to carry out the policy General
functions, duties
of the Government in relation to water and sewerage and subject and powers.
to this Act the Authority shall have and exercise such functions,
powers and duties as are conferred upon it by this Act and by any
other written law.
(2) In the performance of its functions and duties and in
the exercise of its powers the Authority may do all things that may
be necessary or expedient to secure the advantageous execution
of the purposes of this Act.
10. In the exercise and performance of its functions, powers Policy

directions.
and duties under this or any other written law the Authority shall
act in accordance with any special or general directions of the
Government, given to it by the Minister; but subject to this section,
the Authority shall, when exercising and performing its functions,
powers and duties, be subject to the control or direction of no other
person or authority.
VESTING OF PROPERTY IN THE AUTHORITY
11. (1) Upon the commencement of this Act— Assets and

liabilities of the
(a) all land and other property of every kind, Authority.
including things in action, vested or deemed to
be vested immediately before the commencement
of this Part in—
(i) the State (under the Waterworks and Water Ch. 54:41.
Conservation Act or by any other right or
title) and relating to waterworks and
sewerage works;
(ii) the Central Water Distribution Authority
established under the Central Water Ch. 37. No. 1.
(1950 Ed.).
Distribution Authority Ordinance (repealed
by this Act);

(iii) the Port-of-Spain Corporation under the

Ch. 25:04. Municipal Corporations Act or by any other
right or title and relating to waterworks
(within the meaning of section 40) or the
existing sewerage system;
(iv) any local authority, other than the
Port-of-Spain Corporation, under any
written law or by any other right or title
and relating to waterworks (within the
meaning of section 40); and
(v) statutory authorities under or by virtue of
any written law or by any other right or
title and relating to waterworks;
is hereby vested in the Authority;
(b) all public pumps, wells, cisterns, reservoirs,
conduits and other works used for the gratuitous
or other supply of water to the inhabitants of any
part of the district of a local authority [within the
meaning of section 58(3)] and not otherwise in
this subsection contemplated, are hereby vested
in the Authority;
(c) all the rights, privileges and advantages, and all
the liabilities and obligations that, immediately
before the commencement of this Part, the
Government or the Central Water Distribution
Authority or the local authority or the statutory
authority, in relation to the matters respectively
referred to in paragraph (a), were entitled or
subject to, as the case may be, are hereby
transferred to, and conferred or imposed upon,
the Authority for the purposes of this Act.
(2) A reference in any deed, contract, bond or security or
other document to—
(a) the Government, in relation to its rights, titles and
obligations concerning waterworks referred to in
subsection (1)(a)(i) and the sewer system or any
sewerage works;
UNOFFICIAL VERSION

(b) the Central Water Distribution Authority;

(c) the Port-of-Spain Corporation, in relation to the
waterworks, referred to in subsection (1)(a)(iii)
and the existing sewerage system;
(d) a local authority, other than the Port-of-Spain
Corporation, in relation to waterworks referred
to in subsection (1)(a)(iv); or
(e) any other statutory authority, in relation to the
existing sewerage system,
shall, upon the commencement of this Act, be construed as a
reference to the Authority.
(3) Nothing in subsection (2) shall apply to the agreement
made between the Government and the Export-Import Bank of
Washington at Washington, District of Columbia, U.S.A., on
12th January 1962, or between the Government and any other
person or authority, with respect to the financing of the construction
of the sewer system now proceeding; and in any agreement between
the Government and any contractors relating to such sewer system,
the Government shall be jointly liable with the Authority for the
performance of its obligations thereunder.
(4) For the purposes of subsection (1)(a)(i) all sewerage
works, the subject of any agreement between the Government and
any sewerage contractors, the construction of which is at the
commencement of this Act not yet completed or in operation, shall,
notwithstanding any agreement to the contrary, be deemed to be
now vested in the Government and shall vest in the Authority under
the said subsection (1).
(5) Legal proceedings pending immediately before the
commencement of this Part by or against—
(a) the Government or the Central Water Distribution
Authority; or
(b) the Port-of-Spain Corporation, or a local authority
other than the Port-of-Spain Corporation; or
(c) any other statutory authority,

in relation to the matters respectively mentioned in subsection (1),

may be continued on and after that day by or against the Authority
as the party to the proceedings instead of the Government or the
Central Water Distribution Authority or the Port-of-Spain
Corporation or the local authority other than the Port-of-Spain
Corporation or the other statutory authority.
(6) In subsection (1)(a)(i), “waterworks” means all works,
constructions and developments relating to waterworks as defined
in section 2, as well as such works, constructions and developments
as were before the commencement of this Act—
(a) within the contemplation of section 3 of the
Ch. 54:41. Waterworks and Water Conservation Act for the
purpose of sewage outside the limits of any
Municipality or other local authority, including
Ch. 25:04. a Council within the meaning of the Municipal
Corporations Act empowered to carry out
sewerage schemes;
(b) the property of the Government;
(c) completed or are now in the course of
completion; or
(d) declared by the Minister to be waterworks,
Ch. 54:41. under or by virtue of the Waterworks and Water Conservation Act.
MISCELLANEOUS
Remuneration of 12. The Authority shall, subject to the approval of the

Commissioners.
Minister, pay to each Commissioner in respect of his office
such remuneration and allowances, if any, as the Authority
thinks fit, and, subject to the like approval, to the Chairman and
Deputy Chairman in respect of his office, such remuneration
and allowances, if any, in addition to any remuneration or
allowances to which he may be entitled in respect of his office
as Commissioner, as, subject to the like approval, may be
so determined.
Declaration of 13. (1) A Commissioner who is in any way, whether directly

interest.
or indirectly, interested in a contract or proposed contract with the
UNOFFICIAL VERSION

Authority, or any other matter whatsoever in which the Authority

is concerned, shall declare the nature of his interest at the first
meeting of the Authority at which it is practicable for him to do so.
(2) A Commissioner shall not take part in any deliberation
or decision of the Authority with respect to any contract or proposed
contract with the Authority or any other matter whatsoever with
which the Authority is concerned, in which he has any pecuniary
interest, whether directly or indirectly.
(3) This section shall not apply to—
(a) an interest in a contract or other matter which a
Commissioner may have—
(i) as a consumer of water for domestic
purposes provided by the Authority; or
(ii) as a ratepayer in respect of sewerage
facilities provided by it; or
(b) to an interest in any matter relating to the terms
on which the right to participate in any service
provided by the Authority, is offered to the public.
(4) For the purposes of this section, a person—
(a) who, or any nominee of whom, is a shareholder
or partner in a company or other body of persons
(other than a statutory authority); or
(b) who is an employee thereof,
shall be treated as having indirectly a pecuniary interest in a contract
or other matter, if such company or such other body of persons is
a party to the contract or proposed contract or has a pecuniary
interest in such other matter under consideration.
(5) Nothing in subsection (4) shall apply to any person
who, but for the said subsection (4), would not fall to be treated as
having indirectly a pecuniary interest in a contract or other matter,
if the total value of his shareholding or other interest does not
exceed such amount of the total nominal value of the issued share
capital of the company or body as the Standing Orders of the
Authority provides.

(6) Any person who fails to comply with the provisions

of this section is liable on summary conviction to a fine of seven
hundred and fifty dollars, unless he proves that he did not know
that a contract, proposed contract or other matter in which he had
a pecuniary interest was the subject of consideration at the meeting.
Execution of 14. (1) Any document requiring to be executed by the

documents.
Authority shall be deemed to be duly executed—
(a) if signed by the Chairman or the Deputy Chairman
and the Executive Director or the Secretary; or
(b) if signed, whether within or without Trinidad and
Tobago by a person or persons authorised by
resolution of the Authority so to sign, but in such
case an extract of the resolution certified by the
Chairman or Deputy Chairman and the Secretary
shall be attached to and form part of the document.
(2) Any cheque, bill of exchange or order for the payment
of money required to be executed by the Authority shall be deemed
to be duly executed if signed by a person or persons authorised by
this Act or by resolution of the Authority.
Annual report 15. The Authority shall make an annual report of its
of Authority.
proceedings to the Minister which shall be laid before Parliament.
PART II
*ADMINISTRATION
GENERAL
Act to be 16. Subject to this Act, the Authority may do all such things
administered
as a whole. as are necessary or convenient for the purpose of exercising the
powers and performing the duties and functions conferred or
imposed on it by this Act as respects its responsibility for Water
and Sewerage in as full and effectual a manner as if such
responsibility was but one undertaking only.
*See Note on page 2.
UNOFFICIAL VERSION

PERSONNEL
17. (1) The Authority may, subject to the approval of the Appointment
of officers
Minister, appoint on such terms and conditions as it thinks fit, an and other
employees.
Executive Director, a Deputy Executive Director, a Secretary, a [45 of 1979].
Treasurer and a Chief Accountant and such other officers and
employees as may be necessary and proper for the due and efficient
performance by the Authority of its duties under this Act.
(2) An annual salary in a sum that is equivalent to or
exceeds the annual salary of ten thousand dollars or such greater
amount as the Minister may prescribe shall not be assigned to any
post under this section without the prior approval of the Minister.
(3) The Executive Director is the chief executive officer
and is responsible for carrying out the decisions of the Authority,
and in the performance of his duties the Executive Director is
subject to the control of the Authority.
(4) A person shall not be disqualified from being
appointed to the office of Executive Director or Deputy Executive
Director by reason of being a Commissioner, and if any person is
so appointed he may continue to hold office as a Commissioner
in addition to the office of Executive Director or Deputy
Executive Director.
18. Subject to section 23, on the coming into operation of this Priority of
officers and
Act, the Authority shall give first consideration for appointment employees of
former
by the Authority of its officers and employees to those public Authorities.
officers and other employees—
(a) who were before the commencement of this Act
carrying out functions and duties under—
(i) the Waterworks and Water Conservation Ch. 54:41.
Act in connection with waterworks within
the meaning of section 11(6);
(ii) the Central Water Distribution Authority Ch. 37. No. 1.
(1950 Ed.).
Ordinance (repealed by this Act);
(b) in the service of the local authorities in connection
with the waterworks (within the meaning of
section 40), and the existing sewerage system; or

(c) in the service of a statutory authority in connection

with the existing sewerage system,
who qualify for posts with the Authority.
Transfer of 19. (1) An officer in the public service may, with the approval
officers of
Government to of the Minister, be transferred to the service of the Authority, and
the Authority.
upon such transfer shall become a member of the Pension Scheme
referred to in section 21, and, if such officer’s transfer becomes
effective before the establishment of that Scheme, he shall become
a member within one year of its establishment; and an officer in
the service of the Authority may be transferred to the public service.
(2) A transfer described in subsection (1) shall be on such
terms as may be acceptable to the Minister, the Authority and the
officer concerned and the pension or superannuation rights accruing
to the officer at the time of his transfer shall be preserved.
Transfer on 20. (1) Subject to subsection (2), any officer in the public
secondment.
service may, with the approval of the Minister, be transferred on
secondment to the service of the Authority or from the service of
the Authority to the public service.
(2) Where a transfer on secondment contemplated by
subsection (1) is effected, the Minister or the Authority, as the case
may require, shall make such arrangements as may be necessary
to preserve the rights of the officer so transferred to any pension,
gratuity or other allowance for which he would have been eligible
had he remained in the service of the Government or of the
Authority, as the case may be.
(3) A period of transfer on secondment shall not in any
case exceed six years.
Establishment of 21. The Authority shall within a period of three years of its
a Pension
Scheme. establishment, by Rules confirmed by the Minister, provide for
the establishment and maintenance of a Pension Scheme for the
benefit of the officers and employees of the Authority and officers
transferred to it on secondment.
UNOFFICIAL VERSION

22. Without prejudice to the generality of section 21, the Content of

Pension
Pension Scheme may enable the Authority to— Scheme.
(a) grant gratuities, pensions or superannuation

allowances to, or to the widows, families or
dependants of, their employees;
(b) establish contributory superannuation schemes,
and establish and contribute to superannuation
funds for the benefit of their employees;
(c) enter into and carry into effect agreements with
any insurance company or other association or
company for securing to any such employee,
widow, family or dependant such gratuities,
pensions or allowances as are by this section
authorised to be granted;
(d) give donations or subscriptions to charitable
institutions, sick funds, benevolent funds
and other objects calculated to benefit
their employees.
23. (1) Prescribed Public Officers and prescribed members Certain

conditions of
of the staff employed by the Central Water Distribution Authority employment of
staff of existing
and by a local authority in relation to the waterworks transferred water and
sewerage
to the Authority under section 11 and the existing sewerage services by the
system, and by a statutory authority in relation to the existing Authority.
sewerage system, shall be given the option of retiring on abolition

of office, pension or provident fund terms as appropriate, or of
continuing under the Authority, in accordance with Regulations
made by the Minister.
(2) Public officers and members of the staff so
employed by the Central Water Distribution Authority and by a
local authority and a statutory authority who, on or after the
commencement of this Act, elect to continue their services
under the Authority shall—
(a) be regarded as transferred to the service of the
Authority; and

(b) have preserved to them the superannuation rights

accruing at the time of their transfer to the
Authority; and
(c) within a year of the establishment of the Pension
Scheme become members of that scheme,
but all such rights shall be forfeited on dismissal by the Authority,
in such circumstances as they would have been forfeited on
dismissal from the public service or from the service of the
Central Water Distribution Authority or a local authority or a
statutory authority.
(3) In the case of a person who has elected to continue
his service under the Authority and who retires from or dies in that
service before the establishment of the Pension Scheme under
section 21, any superannuation rights occurring at the time of his
retirement or death may be paid to such person in accordance
with Regulations made by the Minister.
(4) In this section, “prescribed” means prescribed by
the Minister by Order made by virtue of this subsection.
Compensation 24. (1) Public officers and members of the staff and prescribed
for loss
of office. employees of the persons or authorities referred to in section 23
shall, where such officers or staff members or employees are not
eligible for an increase of pension under regulation 12 of the
Ch. 23:52.
Sub. Leg.
Pensions Regulations, 1938, be paid by the Authority such
compensation for loss of office or employment, as may be
prescribed, if—
(a) such staff members and employees are not
employed by the Authority or another statutory
authority within three months of the
commencement of this section; or
(b) in the case of public officers,
(i) do not continue to be public officers; and
(ii) are not given the option referred to in
section 23.
(2) In this section, “prescribed” means prescribed by
the Minister by Order made by virtue of this subsection.
UNOFFICIAL VERSION

25. (1) All officers charged with the receipt, accounting for, Responsibility
of officers.
or disbursement of moneys or with the custody or delivery of stores,
or other property belonging to the Authority shall be individually
responsible for the due and efficient discharge of their respective
duties, and for the exercise of proper supervision of the accounts
kept or controlled by them and of all property entrusted to their
care, and for the due observance of all rules and regulations, and
of all orders and instructions prescribed for their guidance.
(2) The Authority may require any officer or servant in
its service to give security to its satisfaction for the due performance
of his duties.
FINANCIAL PROVISIONS
26. (1) The Authority shall so exercise and perform its Financial.
functions as to ensure that its revenues are not less than
sufficient to—
(a) pay instalments of compensation required by
section 39;
(b) cover operating expenses, including taxes, if
any, and to provide adequate maintenance
and depreciation, and interest payments
on borrowings;
(c) meet periodic repayment on long-term
indebtedness to the extent that any such
repayment exceeds the provisions
for depreciation;
(d) create reserves for the purpose of future
expansion,
and the sums required for any of the purposes of the Authority
shall be met out of the funds and resources of the Authority.
(2) Subject to subsection (1), the Authority may, in such
manner as is considered appropriate, but subject to the approval of
the Minister of Finance, borrow sums required by it for meeting
any of its obligations and discharging any of its functions.
27. The funds and resources of the Authority shall consist of— Funds and
resources of
(a) such amounts as may be appropriated therefor Authority.
by Parliament;

(b) all sums from time to time received by or falling

due to the Authority in respect of its operations;
(c) sums borrowed by the Authority for the purpose
of meeting any of its obligations or discharging
any of its functions; and
(d) all other sums or property that may in any
manner become payable to or vested in the
Authority in respect or any matter incidental to
its powers and duties.
Guarantee of 28. (1) The Treasury may guarantee in such manner and on
borrowings of
Authority. such conditions as it thinks fit the payment of the principal and
interest in respect of any borrowing of the Authority under
section 26(2).
(2) Where the Minister of Finance is satisfied that there
has been default in the repayment of any principal moneys or
interest guaranteed under the provisions of this section, he shall
direct the repayment out of the general assets and public funds of
Trinidad and Tobago of the amount in respect of which there has
been such default.
(3) The Authority shall make to the Treasury, at such times
and in such manner as the Minister of Finance may direct, payments
of such amounts as may be so directed in or towards repayment of
any sums issued in fulfilment of any guarantee given under this
section, and payments of interest on what is outstanding for the
time being in respect of any sums so issued at such rates as the
Minister of Finance may direct, and different rates of interest may
be directed as regards different sums and as regards interest for
different periods.
Application of
revenue.
29. (1) The revenue of the Authority for any financial year
shall be applied in defraying the following charges:
(a) the remuneration, fees and allowances of the
Commissioners or of any committee of
the Authority;
(b) the salaries, fees, remuneration and gratuities,
(including payments for the maintenance of the
UNOFFICIAL VERSION

Pension Scheme authorised by this Act) of the

officers, agents and servants, and technical and
other advisers, of the Authority;
(c) instalments of compensation required by
section 39, and working operations and
establishment expenses and expenditure on, or
provision for, the maintenance of any of the
works or installations of the Authority, and the
insurance of the same and the discharge of the
functions of the Authority properly chargeable
to revenue account;
(d) interest on any debenture and debenture stock or
other security issued, and on any loan raised, by
the Authority;
(e) sums required to be transferred to a sinking fund
or otherwise set aside for the purpose of making
provision for the redemption of debentures or
debenture stock or other security or the repayment
of other borrowed money;
(f) such sums as it may be deemed appropriate to set
aside in respect of depreciation on the property
of the Authority having regard to the amount set
aside out of the revenue under paragraph (e);
(g) any other expenditure authorised by the Authority
and properly chargeable to revenue account.
(2) Notwithstanding anything to the contrary in
section 11(3), references to interest on loans raised by the Authority
and the repayment of other borrowed money in subsection (1)(d)
and (e), respectively, shall be deemed to include a reference to
interest and repayment of the loan the subject of the agreement
referred to in the said section 11(3), in such proportion and in such
manner as the Minister may direct.
(3) The balance of the revenue of the Authority shall be
applied to the creation of reserve funds to finance future expansion
or, where there is already a sufficient reserve fund, on the direction
of the Minister shall be paid into public funds.

Authorised 30. Funds of the Authority not immediately required to be

Investments.
expended in the meeting of any obligations or the discharge of any
functions of the Authority may be invested from time to time in
securities approved by the Minister for investment by the Authority.
Duty of the
Authority in
31. (1) The rates and charges to be charged by the Authority
financial for the supply of water, sewerage facilities and other services and
matters.
facilities shall be in accordance with such rates and charges as
may, from time to time, be fixed by or under this Act or any other
written law.
(2) Subsection (1) does not prevent the Authority from
charging other rates and charges by special agreement under the
provisions of this Act.
(3) Where the Authority is by this Act empowered to fix
rates and charges for the supply of water, sewerage facilities and
other services and facilities, the Authority shall not—
(a) show undue preference as between consumers
or rate payers similarly situated;
(b) exercise undue discrimination as between persons
similarly situated, having regard to the place and
time of supply, the quantity of water supplied,
the regularity of supply, and the purposes for
which the supply is taken; and
(c) supplement its revenues in respect of its
operations under Part III or Part IV by undue
preference as between ratepayers under Part IV
and consumers under Part III.
Accounting of 32. (1) All decisions, orders, rules and regulations relating
Authority.
to the financial operations of the Authority and authorised by this
Act shall be made by resolution of the Authority at a meeting thereof
and shall be recorded in the minutes of the Authority.
(2) Subject to this Part, the Authority shall keep separate
and proper accounts and other records in respect of its operations
under Parts III and IV, and shall cause to be prepared separate
statements in respect of both for each financial year.
UNOFFICIAL VERSION

(3) The accounts of the Authority shall be audited by

auditors to be appointed annually by the Authority or under the
supervision of the Auditor General in accordance with the
Exchequer and Audit Act, if so directed by resolution of Parliament. Ch. 69:01.
(4) After the end of each financial year of the Authority,

the Authority shall, as soon as the accounts of the Authority have
been audited, cause a copy of the statement of account to be
transmitted to the Minister, together with a copy of any report
made by the auditors on that statement or on the accounts of
the Authority.
(5) The Minister shall cause a copy of every such
statement and report to be laid before Parliament.
33. (1) All moneys of the Authority accruing from its Cash deposits
and payments.
operations under this Act shall be paid into the prescribed bank
in separate accounts with respect to its operations under Parts III
and IV, and such moneys shall, as far as practicable, be paid into
the bank from day to day, except such sums as the Chief Accountant
of the Authority may be authorised by regulations of the
Authority to retain in his hands to meet petty disbursements for
immediate payments.
(2) All payments out of the funds of the Authority except
petty disbursements not exceeding such sums to be fixed by the
rules, shall be made by the Chief Accountant, or on his behalf by
any other officer appointed by the Authority, in accordance with
the rules.
(3) Cheques against any banking account required to be
kept or withdrawals from any savings bank account and bills of
exchange or orders for payment of money shall be signed by the
Chief Accountant or on his behalf by an officer appointed by the
Authority and countersigned by the Chairman of the Authority or
any member of the Authority or any officer of the Authority
appointed by resolution of the Authority for the purpose; and a
copy of any such resolution shall be certified by the Chairman and
forwarded to the bank or banks concerned.

Rules made by 34. For the purpose of regulating and controlling its
the Authority.
financial operations, the Authority may make Rules in respect of
the following matters:
(a) the manner in which and the officers by whom
payments are to be approved;
(b) the bank or banks into which the moneys of the
Authority are to be paid, the title of any account
with any such bank, and the transfer of one fund
from one account to another;
(c) the appointment of a Commissioner or an
officer of the Authority to countersign cheques
on behalf of the Chairman or in the absence of
the Chairman;
(d) the sum to be retained by the Chief Accountant
to meet petty disbursements and immediate
payments and the maximum sum that may be so
disbursed for any one payment;
(e) the method to be adopted in making payments
out of the funds of the Authority; and
(f) generally as to all matters necessary for the
proper keeping and control of the finances of
the Authority.
LOCAL AUTHORITIES AS AGENTS OF AUTHORITY

Local authorities 35. (1) Notwithstanding the transfer to the Authority of the
—agents of
Authority. waterworks and existing sewerage systems and other property
relating thereto by section 11, but subject to this section and to
sections 36 to 40, the local authorities shall be deemed to be the
duly appointed agents of the Authority for the purpose of the
collection of all annual taxes and rates and all charges additional
thereto raised and levied with respect to the waterworks under or
by virtue of this Act or any other written law.
(2) A local authority may appropriate to its own use the
annual taxes or rates and such charges additional thereto, if any,
that remain after paying over to the Authority such portion thereof
as is determined in accordance with section 37.
UNOFFICIAL VERSION

36. For the purposes of section 35, the area in respect of which Areas to which
agency applies.
a local authority is deemed agents of the Authority for the collection
of taxes or rates and charges additional thereto with respect to the
waterworks is the district of the local authority.
37. The Authority may by Rules prescribe the proportion of Rules fixing
proportion of
the taxes, rates and additional charges, collected by a local authority rates to be paid
to Authority.
as its agent under this Part, that shall be paid over to the Authority
and such proportion shall have regard to—
(a) the sums, if any, required from time to time to
meet the liabilities transferred to the Authority
under section 11 with respect to loans to the local
authorities so transferred and relating to the
waterworks; and
(b) the amounts required to defray charges in respect
of working operations and expenditure on or
provision for maintenance and development of
the waterworks.
38. After consultation with a local authority, the Authority may Termination
of agency.
upon such terms as may be agreed between the Authority and the
local authority concerned, or, in default of agreement as the Minister
may determine, at any time terminate the agency created under
section 35 as respects the whole or any part of the area in respect
of which the agency is deemed to exist.
39. Upon the termination of the agency created by section 35 Compensation

for Waterworks.
the Authority shall pay to the local authority concerned
compensation for the waterworks transferred to it by section 11, in
such amount and by such instalments as may be agreed between
the Authority and the local authority, or, in default of agreement,
as the Minister may determine.
40. In sections 35 to 41, “waterworks” where applying to a Interpretation

of sections 35
particular local authority has the meanings respectively assigned to 41.
to it, before the commencement of this Act, in the appropriate
written law relating to that local authority, and “district” has the
meaning assigned to it in section 7(6).

Power of 41. (1) The Authority may, where it considers it necessary or

Authority to
appoint local expedient, appoint, upon such terms and conditions as it may
authorities its
agents for determine, any local authority its agent with respect to the district
certain
purposes. of the local authority, for the purpose of—
(a) the administration of the water supply; and
(b) the provision of water supplies,
within the said district.
(2) Any amount payable to a local authority as agent of
the Authority under this section shall be taken into account in
determining the cost of the working operations of the Authority
for the purposes of section 37(b).
PART III
WATER
RESPONSIBILITY FOR WATER AND PLANNING
Responsibility 42. The Authority is responsible for maintaining and
of Authority
for water. developing the waterworks and other property relating thereto
transferred to it by section 11 and for administering the supply of
water thereby established and promoting the conservation and
proper use of water resources and the provision of water supplies
in Trinidad and Tobago.
Authorisation of 43. (1) The Authority may by Order, upon such terms and
water purveyors.
conditions as the Authority thinks fit, authorise any person to supply
water to any other person in any area defined in the Order, including,
if requested to do so, any person, other than a local authority or an
authority established by any Ordinance repealed by this Act, who
at the commencement of this Act was lawfully and regularly
supplying water to any other person, and the Authority may in its
discretion, alter, amend or revoke the Order.
(2) Where the Authority so authorises any person to be a
water purveyor it shall incorporate such of the provisions of the
Third Schedule.
Fourth
Third and Fourth Schedules (subject to any modifications it thinks
Schedule. fit) as it considers appropriate and the water purveyor shall have
and exercise such powers and perform such duties with respect to
UNOFFICIAL VERSION

the limits of its supply (as defined in the Order) as are given to it
by this Part, Part V and the Order.
(3) Subject to this Act, a water purveyor may enter into,
perform and enforce such agreement with any person in relation
to its water supply as it considers appropriate and in particular any
such agreements with respect to the acquisition of land or water
rights, the imposition and collection of water rates, if any, and the
maintenance and improvement of its water supply system.
44. (1) The Authority may grant a licence upon such terms Licences to
abstract water
and conditions as it thinks fit authorising any person in accordance for industrial
purposes.
with the provisions of this Part to acquire water rights for abstraction
from a watercourse of sufficient water for the purposes of any
industry respecting which no other reasonably practicable means
of obtaining water for the purpose are available.
(2) A licensee under this section shall have power to
construct and maintain all necessary works for the purpose of
impounding or diverting, abstracting and using water acquired
under the provisions of this Part.
(3) In deciding whether to grant a licence under this
section and in determining the conditions thereof, the Authority
shall have regard to the relative importance to the public interest
of the damage likely to be done to other persons by the abstraction
of water as compared with the importance and necessities of the
industry for which the water is required; and any person aggrieved
by a decision of the Authority to grant a licence or by any of the
conditions attaching thereto may appeal to the Minister who may
himself determine the appeal or if he thinks fit refer the matter to
an arbitrator to be appointed in default of agreement by the Minister.
(4) Where the Authority so licences any such person, it
shall incorporate such of the provisions of the Third and Fourth Third Schedule.
Fourth
Schedules (subject to any modifications it thinks fit) as it considers Schedule.
appropriate, and the licensee shall have and exercise such powers
and perform such duties in relation to the subject matter of the
licence as are given to it by this Part and the licence.

(5) Subject to this Act, a licensee under this section may

enter into, perform and enforce such agreements with any person
in relation to his water supply as he considers appropriate and in
particular such agreements with respect to the acquisition of
land or water rights and the maintenance and improvements of
his waterworks.
(6) In this section “industry” includes the oil mining
industry, and irrigation and inundation for agricultural purposes.
(7) Nothing in this section or in any other provision of
this Act shall be construed as abrogating any licence or derogating
from any water rights granted or by such licence acquired under
Ch. 26. No. 6. the provisions of the Oil and Water Board Ordinance (repealed by
(1950 Ed.).
this Act) but the Authority may revoke any such licence.
Power to require 45. (1) The Authority may require any local authority within
local authorities
and water the meaning of section 58 or water purveyor to—
purveyors to
carry out (a) carry out a survey of the existing consumption
surveys and
formulate of and demand for water supplies in the area
proposals. where a water purveyor is supplying or is
authorised to supply water or where a local
authority is appointed agent of the Authority
under section 41, and of the water resources in
or available for that area;
(b) prepare an estimate of the future water supply
requirements of that area;
(c) in the case of a water purveyor, formulate
proposals for meeting the existing or future water
supply requirements of that area including
proposals for the joint use with the Authority or
any other water purveyor of any existing or
proposed new source of water supply;
(d) submit a report on any of the aforesaid matters
to the Authority within such time as it may specify.
(2) The Authority may itself from time to time, and shall,
if so required by the Minister—
(a) carry out the several matters referred to in
subsection (1); and
UNOFFICIAL VERSION

(b) formulate proposals for meeting the existing or

future water supply requirements of Trinidad and
Tobago or of any part thereof,
and shall submit a report to the Minister on any such matters or on
such matters as are submitted to it pursuant to subsection (1) by a
local authority or water purveyor.
46. (1) The Authority may make Regulations requiring Power of

Authority to
licensees and water purveyors to keep such records and furnish require records
and information
such returns as to the quantity and quality of water abstracted by from persons
them from any source and as to such other matters relating to the abstracting
water.
source as may be prescribed by the Regulations, but—
(a) the Regulations shall not apply in a case where
water is abstracted by an individual for the
domestic purposes of his household only;
(b) in a case where the Authority is satisfied that in
all the circumstances compliance with any
requirement of the Regulations is impracticable
or undue expense would be thereby incurred, the
Authority may direct that that requirement need
not be complied with.
(2) The Regulations may provide for the inspection of
any records kept thereunder and of any apparatus used for the
purpose thereof and for the taking of copies and extracts from any
such records and may confer rights of entry for the purpose of
exercising any of the powers aforesaid, and the provisions of
Third Schedule relating to entry of premises shall apply to any Third Schedule.
such right of entry.
(3) Any person who fails to comply with any requirement
of the Regulations is guilty of an offence.
CONSERVATION AND PROTECTION OF WATER RESOURCES
47. (1) This section shall apply to the whole of Trinidad and Control of
abstraction and
Tobago, except that where the Authority is satisfied that special prevention
of waste.
measures for the conservation of water in any area are not necessary
or expedient in the public interest for the protection of public water

supplies, it may prescribe the area in question, and thereupon this

section shall cease to apply to that area.
(2) Subject to this section, no person shall begin to—
(a) construct any well, borehole, or other work for
the purpose of abstracting underground water; or
(b) extend any existing well, borehole, or other work
for the purpose of abstracting additional quantities
of underground water,
unless he has obtained, in accordance with Regulations made
under this section, a licence from the Authority.
(3) Subsection (2) shall not apply to—
(a) the construction or extension of any well,
borehole, or other work by any individual for the
purpose of abstracting underground water solely
and to the extent necessary for a supply of water
for the domestic purposes of his household;
(b) the construction or extension of any well,
borehole or other work, if that construction or
extension is expressly authorised by any written
law; or
(c) any experimental boring required in connection
with any such construction or extension as is
referred to in paragraphs (a) and (b).
(4) No person shall abstract underground water from—
(a) any well, borehole or other work constructed or
extended in contravention of subsection (2);
(b) any well, borehole or other work the construction
or extension of which was made lawful by
subsection (3)(a) or (b) except for the purpose
for which it was constructed or extended; or
(c) any boring or other work constructed or extended
for any purpose other than the abstraction of
underground water,
unless he has obtained, in accordance with Regulations made
under this section, a licence from the Authority.
UNOFFICIAL VERSION

(5) The Authority may, on the application of any person,

grant a licence for the purposes of subsections (2) and (4), with or
without conditions, or may refuse to grant such a licence, but before
the Authority refuses to grant such a licence or attaches any
condition thereto, it shall, if requested to do so by the applicant,
grant him an opportunity to appear before and be heard by a person
appointed for the purpose by the Authority.
(6) Before any person begins to construct any new boring
for the purpose of searching for or extracting minerals, he shall
give notice of his intention in the prescribed form to the Authority,
and shall take such measures as may be required by the Authority
for conserving water, being measures which in the opinion of the
Authority will not interfere with the winning of minerals save that
before imposing any requirements under this subsection, the
Authority shall, if requested to do so by any person interested in
the work, grant him an opportunity to appear before and be heard
by a person appointed for the purpose by the Authority.
(7) Any person who contravenes any of the foregoing
provisions of this section or any requirement imposed thereunder
or any condition attached to a licence granted for the purposes of
subsections (2) and (4) is guilty of an offence.
(8) Any person who—
(a) causes or allows any underground water to run to
waste from any well, borehole or other work
except for the purpose of testing the extent or
quality of the supply or cleaning, sterilising,
examining or repairing the well, borehole or other
work; or
(b) abstracts from any well, borehole, or other work
water in excess of his reasonable requirements,
is guilty of an offence; except that where underground water
interferes or threatens to interfere with the execution or operation
of any underground works (whether waterworks or not), it shall
not be an offence under this subsection to cause or allow the water
to run to waste so far as may be necessary to enable the works to
be executed or operated, if no other method of disposing of the
water is reasonably practicable.

(9) A person who contravenes any provision of

subsection (8) is, in respect of each offence, liable on summary
conviction to a fine of seven hundred and fifty dollars and the
Court may, on the conviction of any person, order that the well,
borehole or other work shall be effectively sealed or may make
such other order as appears to the Court to be necessary to prevent
waste of water.
(10) If any person fails to comply with any such order of
the Court, the Court may (without prejudice to the imposition of
any penalty for contempt of Court), on the application of the
Authority, authorise the Authority to take such steps as may be
necessary to execute the order, and any expenses incurred in taking
any such steps shall be recoverable summarily as a civil debt from
the person convicted.
Agreements as 48. The Authority or any water purveyor may enter into
to drainage,
etc., of land. agreements with the owners and occupiers of any land, or with a
local authority, with respect to the execution and maintenance by
any party to the agreement of such works as the Authority or the
water purveyors consider necessary for the purpose of draining
that land, or for more effectually collecting, conveying, or
preserving the purity of, water which the Authority or the water
purveyor is for the time being authorised to take.
Power to 49. (1) If the Authority is of opinion that a serious deficiency

prohibit or
restrict of water available for distribution by it or by a water purveyor
temporarily use
of hosepipes. exists, or is threatened, the Authority may, for such period as it
thinks necessary, prohibit or restrict as respects the whole or any
part of its own water supply system or that of a water purveyor the
use, for the purpose of watering private gardens or washing private
motor cars, of any water supplied by them and drawn through a
hosepipe or similar apparatus.
In this subsection the expression “private motor car” means a
motor vehicle intended or adapted for use on roads, other than a
Ch. 48:50. public service vehicle within the meaning of the Motor Vehicles
and Road Traffic Act or a goods vehicle within the meaning of
that Act, and includes any vehicle drawn by a private motor car.
UNOFFICIAL VERSION

(2) The Authority shall, before the prohibition or

restriction comes into force, give public notice in one or more
newspapers circulating within Trinidad and Tobago of the
prohibition or restriction and of the date when it will come
into force.
(3) Any person who, while the prohibition or restriction
is in force, contravenes its provisions is, in respect of each offence,
liable on summary conviction to a fine of seventy-five dollars.
(4) During any period when a prohibition or restriction
imposed under this section is in force, any officer of the Authority
or water purveyor, as the case may be, shall, on producing if so
required some duly authenticated document showing his authority,
have a right at all reasonable hours to enter any premises to which
the prohibition or restriction applies for the purpose of ascertaining
whether there is or has been any contravention of the prohibition
or restriction; and the provisions of the Third Schedule relating to Third Schedule.
entry of premises shall apply to any such right of entry.
50. (1) The Authority may make Bye-laws for preventing Bye-laws for
preventing
waste, undue consumption, misuse, or contamination of water waste, misuse or
contamination
supplied by it or by water purveyors. of water.
(2) Bye-laws under this section may include provisions—

(a) prescribing the size, nature, materials, strength
and workmanship, and the mode, of arrangement,
connection, disconnection, alteration and repair,
of the water fittings to be used; and
(b) forbidding the use of any water fittings which are
of such a nature or are so arranged or connected
as to cause or permit, or be likely to cause or
permit, waste, undue consumption, misuse,
erroneous measurement or contamination of
water, or reverberation in pipes.
(3) If a person contravenes the provisions of any
bye-law made under this section, the Authority or water purveyors

may, without prejudice to their right to take proceedings for a fine

in respect of such contravention, cause any water fittings belonging
to or used by that person which are not in accordance with the
requirements of the Bye-laws to be altered, repaired or replaced,
and may recover the expenses reasonably incurred by them in so
doing from the person in default summarily as a civil debt.
Bye-laws for 51. (1) If it appears to the Authority to be necessary for the
preventing
pollution of purpose of protecting against pollution any water, whether on the
water of
Authority, etc. surface or underground, which belongs to it or which belongs to a
water purveyor or which the Authority or a water purveyor is for
the time being authorised to take, the Authority may, after
consultation with the Minister of Health, by Bye-laws—
(a) define the area within which it deems necessary
to exercise control; and
(b) prohibit or regulate the doing within that area of
any act specified in the Bye-laws.
Bye-laws made under this section may contain different provisions
for different parts of the area defined by the Bye-laws.
(2) Where an area has been defined by Bye-laws under
this section, the Authority or water purveyors may by notice require
either the owner or the occupier of any premises within that area
to execute and keep in good repair such works as they consider
necessary for preventing pollution of their water and, if he fails to
comply with any such requirement, he is liable on summary
conviction to the same penalties as if he had committed an act
prohibited by the Bye-laws.
(3) An owner or occupier who considers that a
requirement made on him under subsection (2) is unreasonable,
may, within fourteen days after service on him of the requirement,
appeal to the Minister and the Minister may determine the appeal
himself or, if he thinks fit, may refer it for determination by an
arbitrator to be appointed, in default of agreement, by the Minister,
and the Minister or arbitrator may, if he decides that the requirement
is unreasonable, modify or disallow the requirement.
UNOFFICIAL VERSION

(4) Where any person has failed to comply with a

requirement made on him under subsection (2) and either—
(a) he has not appealed to the Minister against that
requirement and the time for appealing has
expired; or
(b) his appeal has been dismissed or the requirement
has been modified on his appeal and he has failed
to comply with the requirement as so modified,
the Authority or water purveyor may, without prejudice to their
rights to take proceedings for a fine in respect of such failure,
execute and keep in good repair the works specified in the
requirement as originally made or, as the case may be, as modified
on appeal, and may recover the expenses reasonably incurred
by them in so doing from the person in default summarily as a
civil debt.
52. (1) The Minister shall be the confirming authority as General

provision as to
respects Bye-laws made under sections 50 and 51 and the provisions Bye-laws.
First Schedule.
of the First Schedule shall apply to the making and confirming of
such Bye-laws.
(2) The Authority or water purveyor concerned may to
the same extent enforce those Bye-laws.
(3) Any such Bye-laws may contain provisions for
imposing on any person contravening the Bye-laws a fine,
recoverable on summary conviction, of seventy-five dollars in
respect of each offence and, in the case of a continuing offence, a
further fine of three hundred dollars for each day during which
the offence continues after conviction therefor.
(4) An officer of the Authority or the water purveyor
concerned and authorised by them for the purpose, shall, on
producing if so required, some duly authenticated document
showing his authority, have a right at all reasonable hours to enter
any premises in the area to which the Bye-laws apply, for the
purpose of—
(a) ascertaining whether there is or has been any
contravention of the Bye-laws;

(b) in the case of Bye-laws made under section 50,

exercising any right conferred on the Authority
or water purveyor by subsection (3) of that
section; or
(c) in the case of Bye-laws made under section 51—
(i) ascertaining whether or not circumstances
exist which would justify the Authority or
a water purveyor making a requirement
under subsection (2) of that section; and
(ii) exercising any right conferred on the
Authority or a water purveyor by
subsection (4) of that section to execute and
maintain works,
Third Schedule. and the provisions of the Third Schedule relating to entry of
premises shall apply to any such right of entry.
Penalty for 53. (1) If any person is guilty of an act or neglect whereby
polluting water
used for human any spring, well or adit, the water from which is used or likely to
consumption.
be used for human consumption, or domestic purposes, or for
manufacturing food or drink for human consumption, is polluted
or likely to be polluted, he is guilty of an offence.
(2) Nothing in this section shall be construed as
prohibiting or restricting—
(a) any method of cultivation of land which is in
accordance with the principles of good
husbandry; or
(b) the reasonable use of oil or tar on any highway
maintainable at the public expense, so long as the
highway authority take all reasonable steps for
preventing the oil or tar, or any liquid or matter
resulting from the use thereof, from polluting any
such spring, well or adit.
(3) An officer of the Authority or the water purveyor
concerned and authorised by the Authority or water purveyor for
the purpose, shall, on producing, if so required, some duly
UNOFFICIAL VERSION

authenticated document showing his authority, have a right at all

reasonable hours to enter any premises for the purpose of
ascertaining whether there is or has been any contravention of this
section in relation to that spring, well or adit, and the provisions of
the Third Schedule relating to entry of premises shall apply to any Third Schedule.
such right of entry.
54. (1) The Authority or water purveyor concerned may on Execution of

works for
any land belonging to them, or over or in which they have acquired protection of
water.
the necessary easements or rights construct and maintain drains,
sewers, watercourses, catchpits and other works for intercepting,
treating or disposing of any foul water arising or flowing upon
that land, or for otherwise preventing water, which belongs to the
Authority or which belongs to the water purveyor or which the
Authority or a water purveyor is for the time being authorised to
take, from being polluted.
(2) The Authority or any water purveyor proposing to
construct any drain, sewer or watercourse for the purposes
mentioned in subsection (1) may carry the drain, sewer or
watercourse under, across or along any street, and such statutory
provisions with respect to the breaking open of streets as are
applicable to the Authority shall, with any necessary modifications
and adaptations, apply accordingly.
ACQUISITION OF WATER RIGHTS
55. (1) The Minister may, on the application of the Authority Power of
Authority to
or of a water purveyor or a licensee under section 44 made through acquire water
rights.
the Authority, by Order provide for the compulsory acquisition by
them of such rights to take water from any stream or other source
as may be specified in the Order.
(2) Where such acquisition of rights will result in the
impounding of any stream, the Minister shall in any Order for the
compulsory acquisition of such rights prescribe the quantity of
compensation water to be provided by the Authority or the water
purveyor or licensee aforesaid and shall incorporate in the Order
the appropriate provisions of Part I of the Fourth Schedule subject Fourth
Schedule.
to such modifications and adaptations as he thinks fit. Part I.

(3) Where such acquisition of rights will in the opinion

of the Minister substantially reduce the flow of any stream, the
Minister shall in any Order for the compulsory acquisition of such
rights prescribe the extent to which and the circumstances in which
water may be taken and also incorporate in the Order the appropriate
Fourth provisions of Part I of the Fourth Schedule, subject to such
Schedule.
Part I. modifications and adaptions as he thinks fit.
(4) In assessing the quantity of compensation water to
be provided under any such Order or in determining the extent to
which and the circumstances in which water may be taken under
any such Order, the Minister shall have regard to all the
circumstances of the particular case, including—
(a) the character and flow of the stream;
(b) the extent to which the stream is or may in the
future be used for industrial purposes, fisheries,
water supply when appropriated by the Authority
or by other water purveyors, agriculture, transport
or navigation;
(c) the effect on land drainage or on any canal or
inland navigation of any alterations in the flow
of the stream,
and shall secure, as far as practicable, that the flow of the stream
does not fall below the minimum quantity necessary to secure the
interest of public health and the protection of the rights of riparian
and other land-owners.
(5) On the making of an application for an Order under
subsection (1), the Authority or the water purveyor or licensee, as
the case may be, shall publish once at least in each of two successive
weeks in at least one newspaper circulating in Trinidad and Tobago,
a notice—
(a) stating the general effect of the Order;
(b) specifying a place where a copy of the draft Order
and of any relevant map or plan may be inspected
by any person free of charge at all reasonable
hours during a period of twenty-eight days from
the date of the first publication of the notice;
(c) stating that within the said period, any person may
by notice to the Minister object to the application.
UNOFFICIAL VERSION

(6) A person who is aggrieved by any provision of the

draft Order may object to the application for the making of the
Order and the Minister may determine the objection himself or, if
he thinks fit, may refer it for determination by an arbitrator to be
appointed, in default of agreement by the Minister, and the Minister
or arbitrator may uphold or disallow the objection.
56. The Authority may, in its discretion, erect, maintain Public

standpipes.
and supply with water, in such places within Trinidad and
Tobago as it thinks fit, public standpipes for the public use, and
may remove any such standpipe which, in its opinion, is no longer
required, and may make Regulations as to the use of water from
public standpipes.
57. (1) Subject to this section, the Authority or a water Temporary

discharge of
purveyor who is carrying out, or who is about to carry out, the water into
watercourses.
construction, alteration, repair, cleaning, or examination of any
reservoir, well or borehole, line of pipes or other work forming
part of its undertakings may cause the water therein to be discharged
into any available watercourse and for that purpose may lay and
maintain in any street, whether within or outside its limits of supply,
all necessary discharge pipes and apparatus, and such statutory
provisions with respect to the breaking open of streets as are
applicable to the Authority shall, with any necessary modifications
and adaptations, apply accordingly.
(2) Except in a case of emergency, the Authority or a water
purveyor shall have due regard to any representations which may
be made to them as to the time, mode and rate of discharge with a
view to avoiding or minimising injury or inconvenience therefrom.
58. (1) The Authority is jointly and severally responsible Responsibility

of Authority
with local authorities for the administration of so much of the for sanitation
connected
provisions of sections 36 and 37 of the Public Health Ordinance with water.
and of Part VI of that Ordinance as relates to all matters Ch. 12. No. 4.
(1950 Ed.).
connected with the supply of houses with water and the protection
of the public from polluted water; so however that for the purpose
of the exercise of any powers and the performance of any duties

under the said Part VI of that Ordinance with respect thereto, when
the Authority exercises any power or performs any duty, with
reference to such matters, in conflict or at variance with the exercise
or performance of that power or duty by a local authority, the
exercise or performance of the power or duty by the Authority
shall prevail.
(2) Subject to subsection (1), the general powers of
supervision and inspection of the Minister of Health over the local
Ch. 12. No. 4. authorities under the Public Health Ordinance (including the power
1950 Ed.).
to make Bye-laws under section 15 thereof) with respect to the
several matters referred to in section 14 of that Ordinance are
exercisable in relation to the Authority.
(3) In this section, “local authority” includes a Council
Ch. 25:04. established under the Municipal Corporations Act.
Application of 59. With respect to the exercise of its powers and the
Third and
Fourth performance of its duties under this Part, the provisions of the Third
Schedules to
Authority and and Fourth Schedules shall be read as one and shall apply—
water purveyors,
etc. (a) to the Authority; and
(b) to a water purveyor to the extent that they are,
and subject to such modifications as are,
incorporated in the Order made by the Authority
under section 43;
(c) to a licensee to the extent that they are, and subject
to such modifications as are, incorporated in the
licence granted by the Authority under section 44.
Penalty for 60. Any person who—

giving false
information. (a) in keeping any record or journal or in furnishing
any return, abstract or information which he is
required by or under this Part to keep or furnish,
knowingly or recklessly makes any statement
which is false in a material particular; or
(b) for the purpose of obtaining any licence from the
Minister under this Part, knowingly makes any
statement which is false in a material particular,
UNOFFICIAL VERSION

is liable in respect of each offence—

(i) on summary conviction, to a fine of seven
hundred and fifty dollars and to
imprisonment for three months; or
(ii) on conviction on indictment, to a fine of
three thousand dollars and to imprisonment
for three months.
PART IV
SEWERAGE
PRELIMINARY
61. (1) In this Part and in section 2 and in the Third and Interpretation
of Part IV.
Fifth Schedules—
(a) “Bye-laws” means Bye-laws made by the
Authority under section 66(7);
(b) “collecting sewer” means the common pipe, not
being a street sewer into which is discharged or
into which it is intended to discharge the sewage
from two or more premises that conveys that
sewage into a street sewer, and includes all
appliances and accessories thereto;
(c) “collecting sewer system” means a collecting
sewer together with all the house sewers by which
sewage is conveyed into the collecting sewer;
(d) “house connection” means that portion of the
house sewer outside the boundary of the premises;
(e) “house sewer” means any drain or pipe for the
drainage of the sewage from a house or building,
its areas, water closets, baths, offices and stables,
to a street sewer or to a collecting sewer and
includes the house connection gully traps, sinks,
approved traps and other accessories;
(f) “service pipe” means any pipe from the service
stopcock with the necessary appliances and
accessories laid for the supply of water to
private premises;

(g) “sewage” includes the waste of animal life other

than stable manure, the drainings of stable water
and liquid waste discharged from sinks, basins,
baths, and all other water which has been used
for domestic purposes or in any industrial
processes, and all waste water;
(h) “soil pipe” means the pipe forming the connection
between a water closet and the house sewer, and
includes all necessary appliances;
(i) “street sewer” means all sewers, pipes,
intercepting sewers, manholes, gullies, flushing
tanks, ventilating openings, or shafts concerning
the sewer system on and under the roads, streets,
and lands within a sewerage area;
(j) “water closet” includes the necessary pan,
supporting base, fitting, cisterns and
other flushing arrangements, soil pipe and
ventilation shaft, and any other connection usually
used for collecting and conveying sewage from
one place to another, but does not include the
enclosing structure.
(2) For the purpose of all acts performed and things
done prior to the commencement of this Act by or under the
authority of the Minister in relation to and in construction of the
sewerage works, the powers and duties of the Authority under this
Part shall be deemed always to have been in existence and to have
been lawfully exercised under the authority of this Act by the
Authority and by the persons performing those acts and doing
those things.
RESPONSIBILITY FOR SEWERAGE, SANITATION AND WORKS

AND FITTINGS IN BUILDINGS
Responsibility 62. The Authority is responsible—

of Authority for
sewerage. (a) for maintaining and developing—
(i) the existing sewerage system and other
property relating thereto; and
UNOFFICIAL VERSION

(ii) all sewerage works, the construction of

which is at the commencement of this Act
already completed and in operation,
that are transferred to it by section 11;
(b) for constructing and developing such further
sewerage works as it considers necessary or
expedient; and
(c) for administering the sewerage services thereby
established and providing sewerage facilities in
Trinidad and Tobago.
63. (1) The Authority is jointly and severally responsible with Responsibility
of Authority for
local authorities for the administration of the provisions of sanitation and
construction of
sections 36, 37, 55, 58C to 60, 60A (2) and (3) and 60B of the sanitary
conveniences in
Public Health Ordinance, in relation to all matters connected with buildings.
the provision of sewerage facilities in Trinidad and Tobago, Ch. 12. No. 4.
(1950 Ed.).
including the regulation and control of works and fittings in
buildings provided for by section 60A (1)(a), (b) and (c) of that
Ordinance, and the provisions of Part VII of that Ordinance are
applicable to the Authority in such exercise of its responsibility;
so, however, that for the purpose of the exercise of any power and
the performance of any duty under the said sections 36, 37, 55,
58C to 60, 60A (1)(a), (b) and (c), (2) and (3) and 60B of that
Ordinance and the provisions of Part VII of the said Ordinance so
applicable thereto with respect to sanitary conveniences whether
in connection with buildings or otherwise, when the Authority
exercises any power or performs any duty with reference to such
matters in conflict or at variance with the exercise or performance
of that power or duty by a local authority, the exercise or
performance of the power or duty by the Authority shall prevail.
(2) Subject to subsection (3), for the purpose of any power
to make building Bye-laws conferred under section 60A, of the
Public Health Ordinance, where there is any conflict or variance Ch. 12. No. 4.
(1950 Ed.).
between the Bye-laws or building Bye-laws of the Authority and
those of a local authority with reference to the same matter the
Bye-laws of the Authority shall prevail.

(3) The general powers of supervision and inspection

of the Minister of Health over the local authorities under the
Ch. 12. No. 4. Public Health Ordinance (including the power to make Bye-laws
(1950 Ed.).
under section 15 thereof) with respect to the several matters referred
to in section 14 of that Ordinance, are exercisable in relation to
the Authority.
(4) In this section, “local authority” includes a Council
Ch. 25:04. established under the Municipal Corporations Act.
CONSTRUCTION AND OPERATION OF SEWERAGE WORKS
Authority may 64. Without prejudice to the generality of section 62, the
cause sewerage
works to be Authority may—
constructed. (a) cause to be constructed such underground main
drainage sewers in any street, street sewers,
collecting sewers and house sewers as are
necessary to complete the construction of the
sewerage works and for the conveyance and
disposal of the sewerage thereof;
(b) cause to be laid down, installed, erected, and
constructed all such works, pumps, machinery,
appliances and accessories as may be requisite
for the effective operation and working of the
sewer system and for the proper conveyance and
disposal of sewage;
(c) employ sewerage contractors, who shall be in
charge of and responsible for the construction of
the works mentioned in paragraphs (a) and (b),
and such statutory provisions with respect to the
breaking open of streets and entry of premises as
are applicable to the Authority shall, with any
necessary modifications and adaptations, apply
to the contractors.
Division of 65. The Authority may by Order divide Trinidad and

Trinidad and
Tobago into Tobago into separate sewerage areas for any one or more of the
sewerage areas. following purposes:
(a) completing the construction of or further
constructing the sewerage works transferred to
the Authority under section 11;
UNOFFICIAL VERSION

(b) developing the sewer system, including the

existing sewerage system;
(c) vesting in itself any sewerage system (within the
meaning of paragraph 25 of the Third Schedule); Third Schedule.
(d) operating the sewerage works constructed in such

areas as well as the existing sewerage system, in
accordance with the provisions of this Act,
notwithstanding that there remains to be
completed sewerage works in any other area;
(e) operating a sewerage system referred to in
paragraph (c).
66. (1) On or after the commencement by the Authority of Authority to

enforce
the construction of sewerage works in a sewerage area, the construction of
water closets
Authority shall give notice by advertisement or otherwise to the and house
sewers in
owner of every house, building or premises requiring him, within each area.
such time as may be limited by such notice—
(a) in respect of every house, building or premises
within the sewerage area not having a water
closet, to construct and instal a water closet on
the premises; and
(b) to connect every water closet, sink, basin, bath or
other receptacle which discharges sewage, that is
situated in or on any house, building or premises
within the sewerage area, by means of soil pipes
and a house sewer, or such portion thereof as may
be necessary—
(i) to the collecting sewer, if any; or
(ii) to the house connection, if any; or
(iii) to the street sewer,
in accordance with Bye-laws, or the approval of the Authority.
(2) Bye-laws made by the Authority in accordance with
subsection (1) may contain provision for—
(a) excepting from the provisions of subsection (5)
the owner of any house, building or premises, not

exceeding such annual value as may be prescribed

by the Bye-laws upon such conditions as the
Authority may determine; and
(b) prescribing the nature and quantity of any
industrial waste as respects which an owner of
any building or premises is required not to
comply with the requirements of a notice under
subsection (1).
(3) Nothing in subsection (1) (a) shall apply to the owner
of any such house, building or premises, unless a sufficient water
supply is available, whether on the premises or in the street.
(4) Subsection (1) shall not apply to the owner of any
premises where no part of the premises is within one hundred and
fifty feet of a collecting sewer or a street sewer.
(5) Any person who fails to comply with the requirements
of a notice given to him under subsection (1), is liable on summary
conviction to a fine of seventy-five dollars and to a further fine not
exceeding ten dollars for every day during which the offence is
continued after conviction, and the Authority may, without
prejudice to its right to take proceedings for a fine in respect of
such failure, by its officers and servants, enter the house, building
or premises and construct those works and do other work in relation
Third Schedule. thereto in its opinion necessary; and the provisions of the Third
Schedule relating to entry of premises shall apply to such right
of entry.
(6) Subject to any Bye-laws made by the Authority, no
person shall construct or reconstruct any house or building on
any premises within a sewerage area unless he first submits to
the Authority for approval (in accordance with Bye-laws) the
plan of the water closet, house sewer and the connection to the
street sewer, and any alteration or extension of a house sewer
already constructed.
(7) The Authority may make Bye-laws for regulating the
construction of sewerage works and the materials to be used therein,
and such Bye-laws may contain provisions prescribing the size,
UNOFFICIAL VERSION

nature, materials, strength and workmanship, and the mode, of

arrangement, connection, disconnection, alteration and repair, of
the sewerage works to be used.
(8) If a person contravenes the provisions of any Bye-
law made under this section, the Authority may, without prejudice
to its right to take proceedings for a fine in respect of such
contravention, cause any sewerage works belonging to or used by
that person which are not in accordance with the requirements of
the Bye-laws to be altered, repaired or replaced, and may recover
the expenses reasonably incurred by it in so doing from the person
in default summarily as a civil debt.
(9) Any such Bye-laws may contain provisions for
imposing on any person contravening the Bye-laws a fine,
recoverable on summary conviction, of seventy-five dollars in
respect of each offence and, in the case of a continuing offence, a
further fine of three hundred dollars for each day during which the
offence continues after conviction therefor.
(10) An officer of the Authority and authorised by it for
the purpose, shall, on producing if so required some duly
authenticated document showing his authority, have a right at all
reasonable hours to enter any premises in the area to which the
Bye-laws apply, for the purpose of—
(a) ascertaining whether there is or has been any
contravention of the Bye-laws; or
(b) exercising any right conferred on the Authority
or a water purveyor by subsection (8),
and the provisions of the Third Schedule relating to entry of Third Schedule.
premises shall apply to any such right of entry.
PAYMENT FOR CERTAIN WORKS
67. (1) Where a person fails to comply with the requirements Payment of cost
of house sewers
of a notice given to him under section 66(1) and the Authority and collecting
sewers.
executes the work under subsection (5) thereof, such percentage
of the expenses as may be prescribed, as are incurred by the
Authority in constructing and installing the water closet and in

laying and constructing of any house sewer (when there is no

collecting sewer system) and of the requisite appliances and
accessories thereto, shall be a debt due and be paid to the
Authority by the owner of the house, building or premises in
respect of which the house sewer is laid and constructed, and,
subject to subsection (3), in default, may be recovered summarily
as a civil debt.
(2) Such percentage of the expenses as may be prescribed,
as are incurred by the Authority in the laying and constructing of
any collecting sewer system shall be a debt due and be paid to the
Authority by owners of those houses, buildings and premises from
which sewage is conveyed into the collecting sewer in proportion
to the number of points at which sewage is taken into the sewer
system from the houses, buildings and premises of each owner,
and subject to subsection (3), in default, may be recovered
summarily as a civil debt.
(3) Where a person complies with the requirements of a
notice given to him under section 66(1), the complementary
proportion of the percentage of the expenses prescribed by the
Authority under subsection (1), if any, that are reasonably incurred
in laying the house sewer (when there is no collecting sewer system)
and of the requisite appliances and accessories, together with an
additional allowance, if the Authority so resolves, not exceeding
five per cent, shall be paid to him by the Authority.
(4) Payment of the expenses referred to in
subsections (1) and (2) shall be made within thirty days after
demand in writing by the Authority; save that, subject to
section 76, other than subsection (2) thereof (which relates to
the power of the Authority to declare expenses recoverable under
that section to be payable with interest by instalments), any
owner who does not within the said period of thirty days pay
those expenses—
(a) shall pay them by annual instalments of one-
fifteenth part of the whole sum originally due,
with interest on the principal amount from time
to time remaining unpaid at the rate of not less
than six per cent a year; and
UNOFFICIAL VERSION

(b) may on seven days’ notice in writing to the

Authority pay off the balance or part thereof of
the principal amount and any interest that may
be then due.
(5) All sums, including any instalments under
subsection (4)(a), due and payable under this section may, without
prejudice to their recovery by summary process, but subject to the
provisions as to the recovery of expenses in Part V, if payment is
not made within thirty days of the same becoming due, be recovered
under the Rates and Charges Recovery Act, as if the expenses were Ch. 74:03.
rates and charges within the meaning of that Act and the Authority
was a public authority under that Act.
68. Where the owner of a house, building or premises is liable Recovery by

Authority from
under this Part for repayment of the expenses of any work done owner of
expenses for
by the Authority he shall pay them on demand in writing by work done.
the Authority.
SANITARY CONSTRUCTORS
69. (1) The Authority may, in accordance with such Power of

Authority to
requirements as may be provided by regulations, grant licences grant licences to
sanitary
authorising persons to construct, execute, repair or perform work constructors or
suspend or
required of the owner of any house under section 66 in connection cancel licences.
with house sewers and water closets as the Authority thinks fit.
The persons shall be styled Licensed Sanitary Constructors, and
they shall act in accordance with this Act and any rules and
regulations and shall obey the orders of the Authority or anyone
authorised by the Authority. Licensed Sanitary Constructors shall
be responsible for the acts of all those employed by them.
(2) The Authority may by Regulations made under this
Part prescribe fees to be paid for examinations and licences of
sanitary constructors.
(3) The Authority may in its discretion suspend or cancel
the licence of a sanitary constructor who is guilty of misconduct in
the performance of his duties under this Part or the Regulations.

(4) The grant, suspension, or cancellation, of a licence

shall be published in the Gazette and one daily newspaper.
(5) No person other than a Licensed Sanitary Constructor
may do any work in relation to a collecting sewer, house sewer,
water closet or soil pipe; and notwithstanding any written law to
the contrary any unlicensed person who does that work or any
person who causes it to be done by such unlicensed person is
liable on summary conviction to a fine of seven hundred and
fifty dollars.
(6) For the purposes of this section, a person employed
by the Authority whether as a servant or an independent contractor
shall be deemed to be a Licensed Sanitary Constructor with regard
to work done by him that is authorised by the Authority.
Application of 70. With respect to the exercise of its powers and performance
Third and Fifth
Schedules to of its duties under this Part, the provisions of the Third and Fifth
Authority.
Schedules shall be read as one and apply to the Authority.
PART V
GENERAL AND MISCELLANEOUS

ACQUISITION OF LAND AND WATER RIGHTS
Power of 71. (1) The Authority may be authorised by means of a

Authority to
acquire land compulsory purchase Order made by it and confirmed by the
compulsorily.
Minister to purchase land compulsorily or to acquire water rights
compulsorily under this section for any of the purposes of its water
undertaking or proposed water undertaking or for any of its
sewerage works or proposed sewerage works.
Second (2) The provisions of the Second Schedule shall have
Schedule.
effect with respect to compulsory purchase orders made under
this section.
Ch. 58:01. (3) The Land Acquisition Act is hereby incorporated with
the foregoing provisions of this section and in construing that Act
“land” shall have the meaning assigned to it in this Act.
UNOFFICIAL VERSION

MISCELLANEOUS POWERS AND DUTIES OF THE AUTHORITY
72. (1) The Authority or a water purveyor may, on the request Power to supply
water fittings,
of any person to whom they supply or propose to supply water, or etc.
in the case of the Authority whom it has provided or whom it
proposes to provide with sewerage facilities supply to him, by way
either of sale or hire, any such water fittings or sanitary
conveniences and appliances, as the case may be, as are required
or allowed by the Bye-laws, under Part III or building Bye-laws
referred to in Part IV, and may on such request, install, repair or
alter any such water fittings or such sanitary convenience or
appliance whether supplied by them or not, as the case may be,
and may provide any materials and do any work required in
connection with such installation, repair or alteration of water
fittings or sanitary conveniences or appliances, as the case
may be.
The Authority or a water purveyor may make such charges as
may be agreed or, in default of agreement, as may be reasonable
for any fittings or sanitary convenience or appliance supplied, or
any materials provided or work done, under this subsection and
may recover such charges summarily as civil debts.
(2) Any fittings or sanitary conveniences or appliances
let for hire by the Authority or a water purveyor, as the case
may be—
(a) shall, notwithstanding that they are fixed to some
part of the premises in which they are situated or
be laid in the soil thereunder, continue to be the
property of, and removable by, the Authority or a
water purveyor; and
(b) shall not be subject to distress or to the landlord’s
remedy for rent, or be liable to be taken in
execution under any process of any Court or in
any proceedings in bankruptcy against the persons
in whose possession they may be,
but nothing in this subsection shall affect the valuation for rating
of any rateable hereditament.

(3) Any person who wilfully or negligently injures or

suffers to be injured any water fitting or sanitary convenience or
appliance belonging to the Authority or a water purveyor, is liable
on summary conviction to a fine of seventy-five dollars and the
Authority or a water purveyor may do all such work as is necessary
for repairing any injury done and may recover the expenses
reasonably incurred by them in so doing from the offender
summarily as a civil debt.
Authority to 73. (1) Where an owner of land proposes to erect thereon

provide
domestic supply buildings for which a supply of water for domestic purposes will
and sewerage
facilities for be needed, he may make application requesting the Authority—
new buildings.
(a) to construct any necessary service reservoirs, to
lay the necessary mains to such point or points as
will enable the distribution system concerning
such buildings to be connected thereto at a
reasonable cost and to bring water to that point
or those points;
(b) subject to Part IV, to construct the necessary
sewerage facilities,
and the Authority may, if it thinks fit, subject as hereinafter
provided, accede to that request.
(2) In subsection (1) “distribution system” means a system
of mains privately laid by a person in connection with a building
or building area in accordance with any requirements pursuant to
Ch. 12. No. 4. sections 36 and 37 of the Public Health Ordinance.
(1950 Ed.).
(3) The Authority before entertaining such application—
(a) in the case of the construction of the necessary
service reservoirs and the provision and the laying
of the necessary mains—
(i) may require the owner to undertake to pay
in respect of each year a sum amounting to
one-eighth of the expense of providing and
constructing the necessary service
reservoirs and providing and laying the
UNOFFICIAL VERSION

necessary mains as well as installing any

necessary pumping equipment and
appliances (less any amounts received by
the Authority in respect of water supplied,
whether for domestic or non-domestic
purposes, in that year from those mains)
until the aggregate amount of water rates
payable annually in respect of the buildings
when erected and in respect of any other
premises connected with the said mains at
the rates for the time being charged by the
Authority equals or exceeds such sum as
aforesaid or until the expiration of a period
of twelve years, whichever first occurs; and
(ii) except where the owner is a local or public
authority, may also require him to deposit
with the Authority as security for payment
of the said annual sums, such sum, not
exceeding the total expense of constructing
the service reservoirs and providing and
laying the mains, as the Authority
may require;
(b) in the case of the construction of the necessary
sewerage facilities, may require the owner to enter
into such arrangements for meeting the expenses
involved as is provided by Regulations.
(4) Any question arising under subsection (1)(a) as to the
points to which mains must be taken in order to enable buildings
to be connected thereto at a reasonable cost shall, in default of
agreement, be determined by the Minister.
LIABILITY FOR AND RECOVERY OF WATER RATES

AND SEWERAGE RATES
74. (1) Subject to section 75, water rates and sewerage rates Liability for and
recovery of,
payable to the Authority, shall be payable and recoverable in water rates and
sewerage rates.
accordance with this section and not otherwise. [7 of 1978].

(2) Except where an owner of premises who is not himself

the occupier thereof is liable by or under any written law, or by
agreement with the Authority, to pay the water rate or sewerage
rate for a supply of water or for sewerage facilities to those
premises, the water rate and sewerage rate respectively shall be
payable by the occupier of the premises.
(3) Where premises not supplied with water by the
Authority is within a quarter of a mile of a public stand pipe
the water rate shall be payable by the owner of those premises;
and, the water rate shall be recoverable in the manner in which
Ch. 74:03. water rates are recoverable under the Rates and Charges
Recovery Act.
(4) The water rate and sewerage rate payable by any
person may after a demand therefor be recovered from the
person liable therefor by the Authority either summarily as
a civil debt, or as a simple contract debt in any Court of
competent jurisdiction.
(5) The Water and Sewerage rate payable by the owner
of the premises who is liable—
(i) by or under any written law or by
agreement with the Authority, or
(ii) by reason of being the occupier,
shall be recoverable in the manner provided in subsection (4) or
in the manner in which rates and charges are recoverable under
the Rates and Charges Recovery Act or partly in the one manner
and partly in the other.
(6) The Authority is hereby declared to be a Public
Authority within the meaning and for the purpose of the Rates
and Charges Recovery Act.
(7) Subject as hereinafter provided and to the provisions
of subsection (8) where a person fails to pay within seven days
after a demand therefor any instalment of a water rate or sewerage
rate payable by him in respect of any premises, the Authority may
cut off the supply of water to the premises and recover the expenses
reasonably incurred by it in so doing in the same manner as the
instalment due, save that if, before the expiration of the said seven
UNOFFICIAL VERSION

days, notice in writing is given to it that there is a dispute as to the

amount due in respect of the water rate or sewerage rate, or as to
the liability to pay the rate, the Authority shall not cut off the supply
of water until the dispute has, on the application of either party,
been settled by a Court of summary jurisdiction, but only if the
occupier tenders the amount due in respect of the water rate or
sewerage rate, as the case may be, without prejudice to the dispute.
(8) Where, at the date when an instalment of a water rate
or sewerage rate in respect of any premises becomes due, the owner
of the premises is liable by or under any written law, or by
agreement with the authority, to pay the water rates for the supply
of water to those premises or to pay the sewerage rates and is not
himself the occupier thereof, the Authority shall not cut off the
supply of water to the premises for a failure by him to pay any
such instalment, but the instalment, without prejudice to the right
of the Authority to enforce payment thereof by him, may be
recovered by it either from the owner for the time being, or, subject
as hereinafter provided, from the occupier for the time being, of
the premises, in the manner in which water rates and sewerage
rates are recoverable.
(9) Where the occupier of such premises is not the
owner thereof—
(a) proceedings shall not be commenced under
subsection (8) against the occupier until notice
has been given to him requiring him to pay the
amount due out of any rent which is then due, or
which may thereafter become due, from him, and
he has failed to comply with the notice; and
(b) no greater sum shall be recoverable at any one
time from the occupier than the amount of rent,
which is owing by him, or which has accrued
since such notice as aforesaid was given to
him; and
(c) if the occupier, as between himself and the owner
of the premises, is not liable to pay the water rate
or sewerage rate he shall be entitled to deduct
from the rent payable by him any sum paid by
him in compliance with the notice, or so recovered
from him.

(10) In this section the expression “water rate” includes

any additional charge payable to the Authority in respect of a supply
of water for domestic purposes.
(11) Notwithstanding anything in this Act to the contrary,
but subject to section 75, sewerage rates shall be payable by the
person liable therefor from the expiration of the notice given under
section 66(1) or from the date when the house, building or premises
is first served with sewerage facilities, whichever is the earlier.
Transitional 75. (1) Notwithstanding any agreement or rule of law to the

provision
concerning contrary, where a house, building or premises is at the
water and
sewerage rates. commencement of this Act, supplied with water by the Authority
or is served with sewerage facilities, until the owner thereof gives
notice in writing to the Authority of the name of the occupier and
the Authority makes demand on such occupier therefor, the water
rates and sewerage rates in respect of such house, building or
premises shall be payable by the owner thereof.
(2) In this section a reference to a house, building or
premises served with sewerage facilities shall be construed to
include a reference to a house, building or premises in respect of
which a notice given under section 66(1) has expired.
PROVISIONS AS TO RECOVERY OF EXPENSES, ETC.
Certain 76. (1) Where the Authority has incurred, or is deemed by

expenses
recoverable reason of the transfer of rights and obligations under section 11, to
from owners to
be a charge on have incurred expenses for the repayment of which the owner of
the premises;
power to order the premises in respect of which the expenses were incurred is
payment by liable, either under this Act, or under any written law repealed
instalments.
thereby, or by agreement with the Authority, those expenses,
together with interest from the date of service of a demand for the
expenses, may be recovered by the Authority from the person who
is the owner of the premises at the date when the works are
completed, or, if he has ceased to be the owner of the premises
before the date when a demand for the expenses is served, either
from him or from the person who is the owner at the date when the
demand is served, and, as from the date of the completion of the
UNOFFICIAL VERSION

works, the expenses and interest accrued due thereon shall, until
recovered, be a charge on the premises and on all estates and
interests therein.
(2) The Authority may by Order declare any expenses
recoverable by it under this section to be payable with interest by
instalments within a period not exceeding fifteen years, until the
whole amount is paid.
(3) Any instalment and interest, referred to in
subsection (2), or in section 67(4), or any part thereof may be
recovered from the owner or occupier for the time being of the
premises in respect of which the expenses were incurred, and, if
recovered from the occupier, may be deducted by him from the
rent of the premises; but an occupier shall not be required to pay at
any one time any sum in excess of the amount which was due
from him on account of rent at, or has become due from him on
account of rent since, the date on which he received a demand
from the Authority together with a notice requiring him not to pay
rent to his landlord without deducting the sum so demanded.
An Order may be made under this subsection at any time
with respect to any unpaid balance of expenses and accrued
interest; but the period for repayment shall not in any case extend
beyond fifteen years from the service of the first demand for
the expenses.
(4) The rate of interest chargeable under subsection (1)
or subsection (2) shall be such rate as the Authority may
determine; except that the Minister may from time to time by
Order fix a maximum rate of interest for the purpose of this
section generally, or different maximum rates for different purposes
and in different cases.
(5) The Authority shall, for the purposes of enforcing a
charge under this section, have all the same powers and remedies
under the Conveyancing and Law of Property Act and otherwise Ch. 56:01.
as if it was a mortgagee by deed having powers of sale and lease,

of accepting surrenders of leases and of appointing a receiver.

Limitation of 77. Where the Authority claims to recover any expenses under
liability of
certain owners. this Act from a person as being the owner of the premises in
respect of which the expenses were incurred and that person
proves that he—
(a) is receiving the rent of those premises merely as
agent or trustee for some other person; and
(b) has not, and since the date of the service on him
of a demand for payment has not had, in his hands
on behalf of that other person sufficient money
to discharge the whole demand of the Authority,
his liability shall be limited to the total amount of the money which
he has or has had in his hands as aforesaid, but the Authority may
in such case recover the whole or any unpaid balance thereof from
the person on whose behalf the agent or trustee receives the rent.
MISCELLANEOUS
Judges and 78. A Judge of any Court or a Justice of the Peace shall not be
Justices not to
be disqualified disqualified from acting in cases arising under this Act by reason
by liability
to rates. only of his being as one of several ratepayers, or as one of any
other class of persons, liable in common with the others to
contribute to, or be benefited by, any rate of fund out of which any
expenses of the Authority are to be defrayed.
Penalty for
obstructing
79. A person who wilfully obstructs any person acting in the
execution execution of this Act, or of any Regulation, Bye-law, Order or
of Act.
warrant made or issued thereunder is, in any case for which no
other provision is made by this Act, liable to a fine of seventy-five
dollars and for each subsequent offence to a further fine of one
hundred and fifty dollars.
Power to require 80. If on a complaint made by the owner of any premises, it

occupier to
permit works to appears to a Court of summary jurisdiction that the occupier of
be executed
by owner. those premises prevents the owner or any person authorised by
him from executing any work which he is by or under this Act,
required to execute, the Court may order the occupier to permit
the execution of the work.
UNOFFICIAL VERSION

81. Where provision is made by or under this Act for the Continuing
offences and
imposition of a daily penalty in respect of a continuing offence, penalties.
the Court by which a person is convicted of the original offence
may fix a reasonable period from the date of conviction for
compliance by the defendant with any directions given by the
Court and, where a Court has fixed such a period, the daily
penalty shall not be recoverable in respect of any day before the
expiration thereof.
82. Any sum that the Authority is entitled to recover under Recovery of
expenses, etc.
this Act, and with respect to the recovery of which provision is not
made by any other section of this Act, may be recovered either
summarily as a civil debt, or as a simple contract debt in any Court
of competent jurisdiction.
83. A person who contravenes any of the provisions of this Offences and
penalties.
Act is guilty of an offence, and any person guilty of an offence
against this Act, except where the provision by or under which the
offence is created provides the penalty to be imposed, is liable on
summary conviction to a fine of seven hundred and fifty dollars,
and in the case of a continuing offence to a further fine of
seventy-five dollars for each day during which the offence
continues after conviction therefor.
84. (1) The Authority may make Regulations for the purpose Regulations.
of carrying this Act into effect.
(2) Such regulations may contain provisions for imposing
on any person contravening the Regulations, a fine recoverable on
summary conviction of seven hundred and fifty dollars in respect
of each offence and, in the case of a continuing offence, a further
fine of seventy-five dollars for each day during which the offence
85. Legal proceedings may, in any Court of summary Legal

proceedings.
jurisdiction be conducted on behalf of the Authority—
(a) by the Secretary or the Executive Director;
(b) by any other officer of the Authority appointed
to do so by resolution of the Authority, a copy of

which purporting to be certified under the hand

of the Secretary shall be sufficient evidence of
the contents thereof.
Exemption from 86. (1) Notwithstanding any rule of law to the contrary, the
taxes.
Minister may by Order exempt the Authority in whole or in part
from the payment of any tax imposed by or under any written law.
(2) In this section “tax” includes assessments, fees,
charges, imposition and such other levies as form part or are
intended to form part of the general revenue.
Act binds
the State.
87. This Act binds the State.
Section 52(1). FIRST SCHEDULE

[51/1980].
PROVISIONS APPLICABLE TO BYE-LAWS

UNDER PART III
1. Bye-laws to which this Schedule applies shall be made under the

common seal of the Authority, and shall not have effect until they are
confirmed by the Minister.
2. At least one month before application for confirmation of the Bye-

laws is made notice of the intention to apply for confirmation shall be published
in the Gazette and in at least one newspaper circulating in Trinidad and Tobago.
3. For at least one month before such application is made, a copy of the
Bye-laws shall be deposited at the offices of the Authority and of any water
purveyor concerned and shall at all reasonable hours be open to public inspection
without payment.
4. The Authority or water purveyor shall, at the request of any person

interested, furnish to him a copy of the proposed Bye-laws upon payment of
such sum not exceeding seventy-five cents as they think reasonable.
UNOFFICIAL VERSION

5. The Minister may confirm, or refuse to confirm, any Bye-law submitted

to him under this Schedule for confirmation, and may fix the date on which
the Bye-law is to come into operation but if no date is so fixed the Bye-law
shall come into operation at the expiration of one month from the date of
its confirmation.
6. A copy of the Bye-laws, when confirmed, shall be published in the [51/1980].

Gazette and a copy thereof deposited at the offices of the Authority or water
purveyor concerned and shall at all reasonable hours be open to public inspection
without payment, and a copy thereof shall, on application, be furnished to any
person on payment of such sum not exceeding seventy-five cents as the Authority
thinks reasonable.
7. The production of a printed copy of the Bye-laws, upon which is

endorsed a certificate purporting to be signed by the Secretary of the
Authority, stating—
(a) that the Bye-laws were made by the Authority;
(b) that the copy is a true copy of the Bye-laws;
(c) that on a specified date the Bye-laws were confirmed by
the Minister;
(d) the date, if any, fixed by the Minister for the coming into
operation of the Bye-laws,
shall be prima facie evidence of the facts stated in the certificate, and without
proof of the handwriting or official position of any person purporting to sign a
certificate in pursuance of this paragraph.
SECOND SCHEDULE Section 71.

[28 of 1994].
COMPULSORY PURCHASE ORDER

PART I
Form, Contents, Procedure, Compensation and Arbitration
1. A Compulsory Purchase Order authorising a compulsory purchase by

the Authority for any of the purposes stated in section 71(1) of this Act shall be
made by the Authority and submitted to and confirmed by the Minister in
accordance with the following provisions of this Schedule.

2. The Compulsory Purchase Order shall be in the form prescribed and

shall describe by reference to a map the land to which it applies and shall
incorporate, mutatis mutandis, the Land Acquisition Act (except sections 4 to
10, 19 and 23 thereof and the First Schedule thereto) subject to the modifications
mentioned in paragraph 3.
3. The modifications subject to which the Land Acquisition Act shall be

incorporated in the Order are as follows:
(a) the powers conferred by section 3 may be exercised upon
publication by the Authority in a newspaper circulating in
Trinidad and Tobago of notice in the prescribed form of the
intention to acquire any land for any of the purposes of its
undertaking;
(b) in assessing the compensation payable under section 12—
(i) the value of the land shall, subject as hereinafter
provided, be taken to be the amount which the land if
sold in the open market by a willing seller might be
expected to realise at the date of entry or date of notice
to treat which ever be the first and shall further be
Ch. 54:41. subject to the provisions of section 28 of the Waterworks
and Water Conservation Act;
(ii) no account shall be taken of any outlay on or
improvement or alteration to the land, or of any interest
created in land after the date on which notice of the
order having been made is published in accordance with
the provisions of the Schedule, if, in the opinion of the
person assessing the compensation, the outlay or
improvement or alteration or the creation of the interest
in respect of which a claim is made was not reasonably
necessary and was carried out with a view to obtaining
or increasing compensation.
4. Before submitting the Order to the Minister, the Authority shall—

(a) publish in at least one newspaper circulating in Trinidad and
Tobago a notice in the prescribed form stating that such an
Order has been made and is about to be submitted for
confirmation and the purpose for which the land is required,
describing the land and naming a place where a copy of the
Order and the map referred to thereon may be seen at all
reasonable hours, and specifying the time within which and
the manner in which objections to the Order can be made;
(b) except in so far as the Minister directs that this provision shall
not have effect in any particular case, serve on every owner,
UNOFFICIAL VERSION

lessee and occupier (except tenants for a month or any period

less than a month) of any land to which the Order relates a
notice in the prescribed form stating the effect of the Order
and that it is about to be submitted to the Minister for
confirmation and specifying the time within and the manner
in which objections thereto can be made;
(c) in the case of any land with respect to which a direction is
given under subparagraph (b), affix to some conspicuous object
or objects on the land a notice or notices in the prescribed
form addressed to “the owners and any occupiers” of the land
(describing it) containing the particulars specified in the said
subparagraph (b).
5. (1) If no objection is made by any of the persons upon whom notices

are required to be served, or if all objections so made are withdrawn, then subject
to the provisions set out below in this Schedule, the Minister may, if he thinks
fit, confirm the Order with or without modification but in any other case he
shall, before confirming the Order, either cause a public local enquiry to be
held or afford to any person by whom any objection has been made and not
withdrawn an opportunity of appearing before and being heard by a person
appointed by the Minister for the purpose and, after considering the objection
and the report of the person who held the inquiry or the person appointed, may
confirm the Order with or without modification.
(2) If any person by whom an objection has been made avails himself
of the opportunity of being heard the Minister shall afford to the Authority and
to any other persons to whom it appears to the Minister expedient to afford it,
an opportunity of being heard on the same occasion.
(3) Notwithstanding anything in subparagraphs (1) and (2), the
Minister may require any person who has made an objection to state in writing
the grounds thereof, and may confirm the Order without granting a hearing or
causing a public local inquiry to be held if the Minister is satisfied that the
objection relates exclusively to matters which can be dealt with by the tribunal
by whom the compensation is to be assessed.
(4) An Order as confirmed by the Minister shall not, unless all persons
interested consent, authorise the Authority to purchase compulsorily any land
which the Order would not have authorised it so to purchase if it had been
confirmed without modification.
PART II
Validity, Date and Manner of Operation
6. So soon as may be after the Order has been confirmed the Authority
shall publish in one or more newspapers circulating in Trinidad and Tobago
a notice in the prescribed form stating that the Order has been confirmed

and naming a place where a copy of the Order as confirmed and of the map
referred to therein may be seen at all reasonable hours, and shall serve a like
notice on every person who, having given notice to the Minister of his
objection appeared at the public local inquiry in support of his objection,
and such notice from the Minister shall state the grounds on which the
objection failed.
7. If any person aggrieved by such an Order as aforesaid desires to

question the validity thereof on the ground that it is not within the powers
of this Act or that any requirement of this Act has not been complied with,
he may, within six weeks after the publication of the notice of confirmation
of the Order, make an application for the purpose to the High Court, and
where any such application is duly made, the Court—
(a) may, by interim order, suspend the operation of the Order,
either generally or in so far as it affects any property of the
applicant until the final determination of the
proceedings; and
(b) if satisfied upon the hearing of the application that the Order
is not within the powers of this Act or that the interests of
the applicant have been substantially prejudiced by any
requirement of this Act not having been complied with, may
quash the Order, either generally or in so far as it affects
any property of the applicant.
8. Subject to paragraph 7, the Order shall not be questioned by

prohibition or certiorari or in any legal proceedings whatsoever, either before
or after the Order is confirmed, and shall become operative at the date on
which notice of confirmation of the Order is published in accordance with
the provisions of this Schedule.
9. (1) The Authority may, at any time within three years after the
publication of the confirmation of the Order, demand in the prescribed form
from all the parties interested in the land the particulars of their estate and
interest in such lands and of the claims made by them in respect thereof;
and every such notice shall state the particulars of the lands so required and
that the Authority is willing to treat for the purchase thereof, and as to the
compensation to be made to all the parties for the damage that may be
sustained by them by reason of the execution of the works.
(2) If for thirty days after the service of the notice to treat any
party fails to state the particulars of his claim in respect of any such land or
to treat with the Authority in respect thereof, or if any party and the Authority
do not agree as to the amount of compensation to be paid by the Authority
for the interest in the lands belonging to such party or which he is enabled
to sell, or for any damage that may be sustained by him by reason of the
UNOFFICIAL VERSION

execution of the work, the amount of such compensation may be settled in

the manner provided for by the Land Acquisition Act. Ch. 58:01.
10. Where the owner of any land the subject of an Order which has been
confirmed, or of any interest therein—
(a) on tender of the purchase-money or compensation either agreed
or awarded to be paid in respect thereof, refuses to accept the
same, or neglects or fails to make out a title to such lands, or
to the interest claimed by him, to the satisfaction of the
Authority; or
(b) refuses to convey or release such lands as directed by the
Authority, or cannot after diligent enquiry be found,
the Authority may deposit the purchase-money or compensation payable in
respect of such lands, or any interest therein, in the Central Bank in the name
and with the privity of the Registrar of the Supreme Court to be placed to his
account there to the credit of the parties interested in such lands, describing
them so far as the Authority is able, but subject to the control and disposition of
the High Court.
11. (1) Upon the deposit of the purchase-money or compensation payable

in respect of such land or any interest therein under paragraph 10, such land or
the interest therein shall vest in the Authority without further conveyance for
the purposes specified in the Order; and in the case of land that is held under
Part III of the Real Property Act and upon production of proof to the satisfaction Ch. 56:02.
of the Registrar General that the requirements of paragraph 10 and the other
provisions of this Schedule have been complied with, the Registrar General
shall do all things necessary to effect the transfer of such land as if a memorandum
of transfer or other instrument purporting to transfer the land under that Act had
been executed.
(2) Every duplicate grant or certificate of title in respect of land that
is to be transferred under subparagraph (1) shall on demand by the Registrar
General therefor be surrendered to him by the person in possession thereof, to
be dealt with under the provisions of the Real Property Act as if upon a transfer
of land under that Act.
(3) In the case of land that is not held under the Real Property Act, the
transfer of the land under subparagraph (1) shall be entered in the Protocol of
Deeds upon production of proof to the satisfaction of the Registrar General that
the requirements of paragraph 10 and the other provisions of this Schedule
have been complied with.
(4) Any person who fails to comply with the requirements of
subparagraph (2) is liable on summary conviction to a fine of fifteen hundred

dollars, and in the case of a continuing offence to a further fine of three

hundred dollars for each day during which the offence continues after
conviction therefor.
(5) Except as may be otherwise prescribed no fee is payable to the
Registrar General for things done in his office under this paragraph.
12. Notwithstanding anything in this Schedule to the contrary, the

Authority after serving notice to treat and after serving on the owner, lessee
or occupier of the land not less than fourteen days’ notice, may enter on and
take possession of the land or such part thereof as is specified in the notice,
without previous consent, but subject to the payment of the like compensation
for the land for which possession is taken and interest on the compensation
as would have been payable if the provisions of this Schedule had been
complied with.
13. In every case not within the contemplation of paragraph 11, the
completion of the purchase shall be governed by the terms of the contract in
accordance with the ordinary law relating to sale and purchase of land; and
the costs of conveyance, including the cost of deducing evidence of and
verifying title and of furnishing abstracts and all other reasonable expenses
incidental to the investigation of title shall be borne by the Authority.
14. Nothing in this Schedule shall be deemed to prevent the acquisition of

land by private treaty for the purposes of this Act either before the making or
confirmation of the Order or before the service of notice to treat.
PART III
General
15. Anything required or authorised by this Schedule to be prescribed

shall be prescribed by Regulations made by the Minister.
16. (1) Where the person to be served has furnished an address for service,
his proper address for the purposes aforesaid shall be the address furnished.
(2) If the Minister having jurisdiction to confirm or make the Order
in connection with which the document is to be served is satisfied that
reasonable inquiry has been made and that it is not practicable to ascertain the
name or addresses of an owner, lessee or occupier of land on whom any such
document as aforesaid is to be served, the document may be served by
addressing it to him by the description of “owner”, “lessee” or “occupier” of
the land (describing it) to which it relates, and by delivering it to some person
on the premises or, if there is no person on the premises to whom it may be
delivered, by affixing it or a copy of it to some conspicuous part of the premises.
UNOFFICIAL VERSION

THIRD SCHEDULE Sections 43(2),

44(4), 46(2),
49(4), 52(4),
GENERAL PROVISIONS APPLICABLE TO THE AUTHORITY 53(3), 59, 61(1),
UNDER PARTS III AND IV OF THE ACT AND TO BE 65(4), 66(5) and
(10) and 70.
INCORPORATED IN ORDERS RELATING TO WATER [3 of 1970
PURVEYORS AND IN LICENCES GRANTED UNDER 51 of 1980].
SECTION 44 OF THE ACT
Preliminary
1. (1) In this Schedule, the expressions defined in section 61(1) of this Interpretation.
Act have the meanings assigned to them in that subsection and—
“the Act” means the Water and Sewerage Act;
“authorised” means authorised by the Act, or in the case of a water purveyor
by an Order;
“building” includes a part of a building if that part is separately occupied;
“factory” means a factory within the meaning of the Factories Ordinance; Ch. 30. No. 2.
(1950 Ed.).
“limits of supply”, in relation to any water undertaking, means the limits within
which the undertakers are for the time being authorised to supply water;
“local authority” has the same meaning as in section 2 of the Act and includes
any Council established under the Municipal Corporations Act; and Ch. 25:04.
“district” in relation to the local authority has the meaning assigned to it
in section 7(6) of the Act;
“Order” means the Order made by the Authority in respect of a water purveyor
or under section 43 of the Act, and includes a licence issued by the
Authority under section 44 of the Act;
“sewer” includes the sewerage works vested in the Authority under section 11
of the Act;
“undertakers” means the Authority and includes a water purveyor or a licensee
under section 44 of the Act in respect of whom the appropriate provisions
of this and the Fourth Schedule are incorporated in the Order.
(2) Any reference in this Schedule to the persons having the control
or management of a street or bridge shall be construed as a reference, in the
case of a highway or bridge maintainable at public expense, to the Chief Technical
Officer (Works), and, in the case of any other street or bridge, to the authority or
person responsible for the maintenance therefor, or, if no person or Authority is
responsible therefor, to the owners of the soil of the street or, as the case may
be, of the structure of the bridge.
(3) Where in this Schedule, a highway is expressed to be maintainable
at the public expense, that expression means that the highway is so maintainable
at the expense of the public generally and not at the expense of a particular

portion of the public, whether the expense is met wholly or partly out of public
funds or otherwise; and a highway in any other case shall be held to continue to
be so, notwithstanding that the expense of the maintenance thereof will be met
wholly or partly out of public funds.
PART I
Works and Lands

Permissible 2. (1) In the construction of any authorised works, the undertakers may
limits of
deviation. deviate laterally to any extent not exceeding the limits of deviation shown on
the plans and, where on any street no such limits are shown, the boundaries of
the street (including for this purpose any verge or roadside waste adjoining it)
shall be deemed to be such limits, and they may also deviate vertically from the
levels shown on the said plans to any extent.
(2) Notwithstanding subparagraph (1)–
(a) no embankment for a reservoir shall be constructed at a greater
height above the general surface of the ground than that shown
on the said plans and six feet in addition thereto; and
(b) except for the purpose of crossing a river, stream, canal, dyke,
watercourse or railway, or of crossing any lands where the
consent of all persons having a legal interest therein has been
obtained, no pipe or other conduit or aqueduct or sewerage
works shall be raised above the surface of the ground otherwise
than in accordance with the said plans.
Limit on powers 3. A water purveyor shall not construct any works for taking or
of water
purveyor to intercepting water (other than works for intercepting foul water) from any lands
take water. acquired by it, unless the works are authorised by, and the lands on which the
works are to be constructed are specified in, the Order.
General power 4. Subject to the provisions of paragraph 3 and to any other provisions of
to construct
subsidiary the Act or Order limiting the powers of the undertakers to abstract water, the
works. undertakers, in addition to any works specifically authorised, may in, on or
over any land for the time being held by them in connection with their water
undertaking construct, lay or erect for the purposes thereof, or in connection
therewith, and may maintain, such reservoirs, sluices, tanks, cisterns, aqueducts,
tunnels, culverts, mains, pipes, engines, pumps, machinery, filters, treatment
plant, sewerage works, buildings and things for, or in connection with, the supply
of water or sewerage facilities as they deem necessary.
Penalty for 5. Any person who wilfully obstructs a person engaged by, or under
obstructing
construction authority of, the undertakers in setting out the line, level or site of any authorised
of works. works, or knowingly pulls up any peg or stake driven into the grounds for the
UNOFFICIAL VERSION

purpose of setting out such line, level or site, or knowingly defaces or destroys
anything made or erected for that purpose, is liable to a fine of seventy-
five dollars.
6. (1) Where under the Act the Authority is authorised to acquire any Power to
acquire
land compulsorily for the purpose of executing any underground works, it easements for
may, instead of purchasing the land, purchase only such easements and rights underground
works.
over or in the land as may be sufficient for the said purpose, and the
provisions of the Land Acquisition Act relating to the compensation payable Ch. 58:01.
in respect of the compulsory acquisition of land, shall apply accordingly
subject to any exceptions and modifications with which that Act is
incorporated with the Act or Order referred to in section 71 of the Act and to
any other necessary adaptations.
(2) The Authority shall not be required or, except by agreement, be
entitled to fence off or sever from adjoining lands any lands in respect of which
it has purchased only easements or rights under the provisions of this paragraph,
and subject to those easements or rights, and to any other restrictions imposed
by the Act or the said Order under paragraph 4 of the Second Schedule to the
Act, the owners or occupiers for the time being of those lands shall have the
same rights of using and cultivating them as if those easements or rights had not
been acquired.
7. (Deleted by Act No. 28 of 1994).
8. (1) Any private right of way over land which the Authority is Extinction of
private rights
authorised to acquire compulsorily shall, if it so resolves and gives notice of its of way.
resolution to the owner of the right, be extinguished as from the acquisition by
it of the land, or as from the expiration of one month from the service of the
notice, whichever may be the later.
(2) The Authority shall pay compensation to all persons interested in
respect of any such right so extinguished and such compensation shall, in case
of dispute, be settled in manner provided by the Land Acquisition Act. Ch. 58:01.
PART II
Minerals Underlying Waterworks or Sewerage Works
9. Where the undertakers purchase any land they shall become entitled Undertakers not
entitled to
to such parts of any mines or minerals under that land as it may be necessary for underlying
them to dig, carry away or use in the construction of any waterworks or sewerage minerals, unless
expressly
works authorised by the Act or the Order, but, save as aforesaid, they shall not purchased.
by virtue only of their purchase of the land become entitled to any such mines
or minerals, which shall, save as aforesaid, be deemed to be excepted from the
conveyance of the land unless expressly mentioned therein as conveyed thereby.

Map of 10. (1) The undertakers shall, within six months after the first occasion
underground
works to be on which any pipes, or other conduits, or underground works or sewerage works
prepared and are laid or constructed by them after this paragraph comes into operation with
kept up to date.
regard to an undertaker, cause the course and situation of all existing pipes or
other conduits for collection, passage, or distribution of water and all sewerage
works and underground works belonging to them to be marked on separate
maps relating to water and sewerage (drawn in both cases on a scale not less
than six inches to one mile), and shall, from time to time, within six months
after the making of any alterations or additions, cause the said maps to be so
corrected as to show the course and situation of all such pipes and conduits, and
all such sewerage works and underground works for the time being belonging
to them, and the maps, or copies thereof, bearing the date of their preparation
and of every occasion on which they were corrected shall be kept at the office
of the undertakers.
In this paragraph “pipes” does not include service pipes.
(2) The said maps shall at all reasonable hours be open to inspection
by any person interested free of charge.
Mines lying 11. Subject to any agreement to the contrary, if the owner, lessee, or
near the works
not to be worked occupier of any mines or minerals lying under the reservoirs, sewerage works
without notice or buildings of the undertakers, or any of their pipes or other conduits or
to undertakers. underground works shown on the maps referred to in paragraph 10, or lying
within the prescribed distance therefrom, or, if no distance be prescribed within
forty yards therefrom, desires to work the said mines or minerals, he shall give
to the undertakers thirty days’ notice of his intention to do so.
If undertakers 12. (1) Upon receipt of such a notice as aforesaid, the undertakers may
unwilling to pay
compensation, cause the said mines or minerals to be inspected by any person appointed by
mines may be them for the purpose, and if it appears to them that the working thereof is likely
worked in to damage any of their reservoirs, sewerage works or buildings, or pipes, or
usual manner.
other conduits or underground works shown on the said maps, and if they are
willing to pay compensation for the mines or minerals to the owner, lessee or
occupier thereof, then he shall not work them, and the amount of the
compensation to be paid shall, in the case of dispute, be determined by arbitration.
(2) If the undertakers have not before the expiration of the said thirty
days stated their willingness to treat with the owner, lessee, or occupier for the
payment of compensation, it shall be lawful for him to work the said mines and
minerals, and to drain them, by means of pumps or otherwise, as if no such
damage was likely to occur, provided no wilful damage is done to any of the
said property or works of the undertakers and the mines and minerals are not
worked in an unusual manner.
(3) Any damage or obstruction occasioned to any of the said property
or works of the undertakers by the working of such mines or minerals in an
unusual manner shall be forthwith repaired or removed, and the damage made
UNOFFICIAL VERSION

good, by the owner, lessee, or occupier of the mines or minerals, and if such
repair or removal be not effected forthwith, or, if the undertakers deem it
necessary to take action without waiting for the work to be done by the owner,
lessee or occupier, the undertakers may execute the work and recover from the
owner, lessee, or occupier the expenses reasonably incurred by them in so doing.
13. If the working of any such mines or minerals as aforesaid lying under Power to
make mining
the reservoirs, sewerage works or buildings of the undertakers, or any of their communications
pipes or other conduits or underground works shown on the maps referred to in where
continuous
paragraph 10, or lying within the above-mentioned distance therefrom, working is
mentioned in paragraph 11, is prevented as aforesaid by reason of apprehended prevented.
injury thereto, the respective owners, lessees, and occupiers of the mines or
minerals may cut and make such so many airways, headways, gateways, or
water levels through the mines, measures, or strata the working thereof 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
prescribed dimensions or sections, or, if no dimensions are prescribed, eight
feet wide and eight feet high, nor be cut or made upon any part of the said
property or works of the undertakers so as to cause injury thereto.
14. (1) Subject to any agreement to the contrary, the undertakers shall Undertakers to
pay
from time to time pay compensation to the owner, lessee, or occupier of any compensation
mines and minerals lying on both sides of any reservoir, sewerage works, for expenses
incurred by
building, pipe, or other conduit, or other works of the undertakers for any loss reason of
and additional expense incurred by him by reason of the severance of the lands severance.
above such mines or minerals by the reservoir, sewerage works, or other works,
or by reason of the continuous working of such mines or minerals being
interrupted as aforesaid, or by reason of their being worked under the restriction
imposed by the Authority under the Act or, in the case of a water purveyor or
licensee under section 44 of the Act by the Orders and also for any such mines
or minerals not purchased by the undertakers as cannot be worked or won by
reason of the making and continuance of the said works, or by reason of such
apprehended injury from the working thereof as aforesaid.
(2) The amount of any such compensation shall, in the case of dispute,
be determined by arbitration.
15. For the purpose of ascertaining whether any such mines or minerals as Undertakers
may enter and
aforesaid are being, have been or are about to be worked so as to damage any of inspect the
their said works, any authorised officer of the undertakers, after giving twenty- working of
mines.
four hours’ notice and on producing, if so required, some duly authenticated
document showing his authority, may enter upon any lands in, on or near which
the works are situate, and under which they know or suspect that any such
mines are being, have been or are about to be worked, and may enter such

mines and the works connected therewith, using for the entry, inspection and
return any apparatus or machinery belonging to the owner, lessee or occupier of
the mines, and may use all necessary means for discovering the distance from
the said works to the parts of the mines which are being, have been or are about
to be worked.
Undertakers not 16. Nothing in the Act or an Order shall exempt the undertakers from
exempted from
liability for liability to any action or other legal proceeding to which they would have been
injury to mines. liable in respect of any damage or injury done or occasioned to any mines by
means, or in consequence, of their waterworks or sewerage works if those works
had been constructed or maintained otherwise than by virtue of the Act or Order.
PART III
Breaking Open Streets, etc.

Power to break 17. (1) Subject to this Part, the undertakers may—
open streets.
(a) within their limits of supply for the purpose of laying,
constructing, inspecting, repairing, renewing or removing
mains, (within the meaning of the Fourth Schedule) service
pipes, plant or other works; and
(b) outside those limits for the purpose—
(i) of laying any mains as aforesaid which they are
authorised to lay; and
(ii) of inspecting, repairing, renewing or removing the said
mains; and
(c) for the purpose of laying, constructing, inspecting, repairing,
renewing or removing any sewerage works,
break open the roadway and footpaths of any street, and of any bridge carrying
a street, and any sewer, drain or tunnel in or under any such roadway or footpath,
and may remove and use the soil or other materials in or under any such roadway
or footpath.
(2) The undertakers shall in the exercise of the powers conferred by
this paragraph cause as little inconvenience and do as little damage as may be,
and for any damage done shall pay compensation to be determined, in case of
dispute, by arbitration.
Notice to be 18. (1) Not less than seven clear days before they commence to break
given before
breaking open open the roadway or footpath of any street or bridge, or any sewer, drain or
streets, etc. tunnel, the undertakers shall give notice of their intention, and of the time when
[3 of 1970].
they propose to commence the work, to the persons having the control or
management of the street, bridge, sewer, drain or tunnel in question, or to some
officer of those persons authorised by them to receive such notices.
UNOFFICIAL VERSION

(2) Notwithstanding subparagraph (1)—

(a) in cases of emergency arising from defects in any pipes, plant
or works, it shall be sufficient if the notice required by
subparagraph (1) is given as soon as possible after the necessity
for the work becomes known to the undertakers;
(b) where the roadway or footpath is broken open for the purposes
mentioned in paragraphs 4 and 3 of the Fourth and Fifth
Schedules to the Act, respectively, the notice shall be seventy-
two hours instead of seven days.
19. (1) Subject to this paragraph, the undertakers shall not, save in such Streets, etc., not
cases of emergency as aforesaid, break open the roadway or footpath of any to be broken
open except
street or bridge, or any sewer, drain or tunnel, except under the supervision of, under
and in accordance with plans approved by, the persons having the control or supervision of
persons
management thereof, or their authorised officer. responsible
therefor.
(2) If any difference arises in connection with the plans submitted for
approval, that difference shall be referred to the Minister.
(3) Notwithstanding anything in subparagraphs (1) and (2), if the
persons having the control or management of a street, bridge, sewer, drain or
tunnel, or their authorised officer, after having received such notice of the
undertakers’ intention as is mentioned in the said subparagraphs (1) and (2), fail
to question the sufficiency or propriety of any plans submitted to them, or fail
to submit any alternative plans to the undertakers, or fail to attend and exercise
supervision over the work, the undertakers may proceed to carry out the work.
20. (1) When, for the purpose of executing any work, the undertakers break Streets, etc.,
broken open to
open the roadway or footpath of any street or bridge, or any drain or tunnel, they be reinstated
shall with all convenient speed and to the reasonable satisfaction of the persons without delay.
having the control or management thereof complete the work and fill in and
consolidate the ground, and reinstate and make good the roadway or footpath, or
the sewer, drain, or tunnel, as the case may be, and remove all rubbish resulting
from their operations, and shall, after replacing and making good the roadway or
footpath, keep it in good repair for three months and for such further time, if any,
not being more than twelve months in the whole, as the soil may continue to subside.
(2) So long as any such roadway or footpath remains broken open or
obstructed, the undertakers shall make adequate arrangements for the control of
traffic and shall cause the roadway or footpath to be properly fenced and guarded
at all times and to be efficiently lighted between the hours of sunset and of sunrise.
21. If the undertakers fail to comply with any of the requirements of Remedies where
undertakers fail
paragraph 20, the persons having the control or management of the street, bridge, to comply with
sewer, drain or tunnel in question, may, themselves execute any work necessary foregoing
to remedy the default and may recover the expenses reasonably incurred by requirements.
them in so doing from the undertakers summarily as a civil debt.

PART IV
General and Miscellaneous
Duty of 22. The undertakers, before commencing to execute repairs or other work
undertakers to
give notice of which will cause any material interference with the supply of water, or with the
certain works. sewerage facilities, shall, except in a case of emergency, give to all consumers
and to all persons served with sewerage facilities likely to be affected, such
notice as is reasonably practicable and shall complete the work with all
reasonable despatch.
Undertakers 23. (1) The rating authority of any area within which the undertakers
may obtain
copies of supply water shall on application furnish to the undertakers a copy of their
assessment roll current assessment roll, or of such part thereof or such entries therein as may
on payment.
[51/1980]. be specified in the application, and their clerk shall, upon request, certify any
such copy.
(2) In respect of every such copy the rating authority may demand a
sum not exceeding five dollars for every hundred entries numbered separately,
and for the purposes of this subparagraph any number of entries less than a
complete hundred shall be treated as a complete hundred.
(3) For the purposes of this paragraph, “rating authority” means the
District Revenue Officer acting in exercise of his powers and duties under the
Ch. 76:04. Lands and Building Taxes Act and includes a local authority acting under any
written law relating to house rates.
(4) In subparagraph (3) “District Revenue Officer” means the officer
in charge of a District Revenue Office.
Powers to enter 24. (1) Subject to this paragraph, any authorised officer of the undertakers
premises.
shall, on producing, if so required, some duly authenticated document showing
his authority, have a right to enter any premises at all reasonable hours—
(a) for the purpose of inspecting and examining meters used
by the undertakers for measuring the water supplied by
them, and of ascertaining therefrom the quantity of
water consumed;
(b) for the purpose of ascertaining whether there is, or has been,
on or in connection with the premises any contravention of
the Act or the Order or of any Bye-laws made thereunder;
(c) for the purpose of ascertaining whether or not circumstances
exist which would authorise the undertakers to take any action,
or execute any work, under the Act or the Order or any
such Bye-laws;
UNOFFICIAL VERSION

(d) for the purpose of taking any action or executing any work,
authorised or required by the Act or the Order or any such
Bye-laws to be taken or executed by the undertakers,
except that admission to any premises shall not be demanded as of right
unless twenty-four hours’ notice of the intended entry has been given to
the occupier.
(2) If it is shown to the satisfaction of a Justice of the Peace on sworn
information in writing—
(a) that admission to any premises has been refused, or that refusal
is apprehended, or that the premises are unoccupied or that
the occupier is temporarily absent, or that the case is one of
urgency, or that an application for admission would defeat the
object of the entry; and
(b) that there is reasonable ground for entry into the premises for
any such purpose as aforesaid,
the Justice may by warrant under his hand authorise the undertakers by any
authorised officer to enter the premises, if need be by force, except that such
a warrant shall not be issued unless the Justice is satisfied either that notice of
the intention to apply for a warrant has been given to the occupier, or that the
premises are unoccupied, or that the occupier is temporarily absent, or that
the case is one of urgency, or that the giving of such notice would defeat the
object of the entry.
(3) An authorised officer entering any premises by virtue of this
paragraph, or of a warrant issued thereunder, may take with him such other
persons as may be necessary, and on leaving any unoccupied premises which
he has entered by virtue of such a warrant shall leave them as effectually secured
against trespassers as he found them.
(4) Every warrant granted under this paragraph shall continue in force
until the purpose of which the entry is necessary has been satisfied.
(5) If any person who in compliance with the provisions of this
paragraph, or of a warrant issued thereunder, is admitted into a factory or
workplace discloses to any person any information obtained by him in the
factory or workplace with regard to any manufacturing process or trade
secret, he is, unless such disclosure was made in the performance of his
duty, liable to a fine of fifteen hundred dollars or to imprisonment for
three months.
(6) Nothing in this paragraph shall be construed as limiting the power Power to vest
mains and
of entry conferred in Part IX of the Fourth Schedule to the Act for the purpose sewerage
of making examination as to waste or misuse of water. systems in
Authority.

Power to vest 25. (1) The Authority may, if it thinks fit, vest in itself any main or
mains and
sewerage sewerage system whether laid before or after the commencement of the Act,
systems in and shall at its own expense carry out any necessary works of maintenance,
Authority.
repair and renewal of such mains and sewerage system.
(2) In this paragraph “sewerage system” means a system of sewers
privately laid by a person in connection with a building or buildings and in
Ch. 12. No. 4. accordance with any requirements pursuant to sections 36 and 37 of the Public
(1950 Ed.).
Health Ordinance.
Power to 26. If, on a complaint made by the owner of any premises, it appears to a
require occupier
to permit works Court of summary jurisdiction that the occupier of those premises, prevents the
to be executed owner from executing any work which he is by, or under, the Act or the Order,
by owner.
required to execute, the Court may order the occupier to permit the execution of
the work.
Appeals and 27. (1) Where any provision in the Act or Order provides—
applications to
Courts of (a) for an appeal to a Court of summary jurisdiction against a
summary requirement, refusal or other decision of the undertakers; or
jurisdiction.
(b) for any matter to be determined by, or an application in respect
of any matter to be made to, a Court of summary jurisdiction,
Ch. 4:20. the procedure shall be by way of complaint for an order, and the Summary
Courts Act shall apply to the proceedings.
(2) The time within which any such appeal may be brought shall be
twenty-two days from the date on which notice of the undertakers’ requirement,
refusal or other decision was served upon the person desiring to appeal, and for
the purposes of this subparagraph the making of the complaint shall be deemed
to be the bringing of the appeal.
(3) In any case where such an appeal lies, the document notifying to
the person concerned the decision of the undertakers in the matter shall state
the right of appeal to a Court of summary jurisdiction and the time within which
such an appeal may be brought.
Mode of 28. In arbitrations under the Act or the Order the reference shall,
reference to
arbitration. except where otherwise expressly provided, be to a single arbitrator to be
appointed by agreement between the parties or, in default of agreement,
by the Minister.
UNOFFICIAL VERSION

FOURTH SCHEDULE Section 59.

[32 of 1969
3 of 1970
PROVISIONS APPLICABLE TO THE AUTHORITY UNDER 7 of 1978].
PART III OF THE ACT AND TO BE INCORPORATED IN
ORDERS RELATING TO WATER PURVEYORS AND IN
LICENCES GRANTED UNDER SECTION 44 OF THE ACT
Preliminary
1. (1) In this Schedule, the expressions defined in paragraph 1 (1) of the Interpretation.
[3 of 1970].
Third Schedule have the meanings assigned to them in that subparagraph and—
“business” does not include a profession;
“communication pipe” means—
(a) where the premises supplied with water abut on the part of the
street in which the main is laid, and the service pipe enters
those premises otherwise than through the outer wall of a
building abutting on the street and has a stopcock placed in
those premises and as near to the boundary of that street as is
reasonably practicable, so much of the service pipe as lies
between the main and that stopcock;
(b) in any other case, so much of the service pipe as lies between
the main and the boundary of the street in which the main is
laid, and includes the ferrule at the junction of the service pipe
with the main, and also—
(i) where the communication pipe ends at a stopcock, that
stopcock; and
(ii) any stopcock fitted on the communication pipe between
the end thereof and the main;
“consumer” means a person supplied, or about to be supplied, with water by
the undertakers;
“county” means the area comprising the electoral district set out in the First
Schedule to the County Councils Act (Repealed by the Municipal Ch. 25:04.
Corporations Act, 1990); 21 of 1990.
“fire authority” means the Chief Fire Officer under the Fire Service Act; Ch. 35:50.
“highway authority” means, in the case of a highway maintainable at the public
expense, the authority or person in whom that highway is vested or the
authority or the person responsible for the maintenance of the highway,
or if no authority or person is responsible therefor, the owner of the soil
of the highway;
“land drainage authority” means the Chief Technical Officer (Works)
and includes a drainage authority under any written law relating to
land drainage;

“main” means a pipe laid by the undertakers or by a person in connection with

a building or building area in accordance with any requirement pursuant
Ch. 12. No. 4. to sections 36 and 37 of the Public Health Ordinance for the purpose of
(1950 Ed.).
giving a general supply of water as distinct from a supply to individual
consumers and includes any apparatus used in connection with such a pipe;
“prescribed” means prescribed by or under the Act or by or under an Order,
as the case may be;
“service pipe” means so much of any pipe for supplying water from a main to
any premises as is subject to water pressure from that main, or would be
so subject but for the closing of some tap;
“a supply of water for domestic purposes” means a sufficient supply for
drinking, washing, cooking and sanitary purposes, but not for any bath
having a capacity (measured to the centre line of the overflow pipe, or in
such other manner as the Authority may by Regulations prescribe) in
excess of fifty gallons; and includes—
(a) a supply for the purposes of a profession carried on in any
premises the greater part whereof is used as a house; and
(b) where the water is drawn from a tap inside a house and no
hosepipe or similar apparatus is used, a supply for watering a
garden, for horses kept for private use and for washing vehicles
so kept,
save, however, that it does not include a supply of water for the business
of a laundry or a business of preparing food or beverages for consumption
otherwise than on the premises;
“supply pipe” means so much of any service pipe as is not a communication
pipe.
(2) Where in this Schedule a highway is expressed to be maintainable
be so notwithstanding that the expense of the maintenance thereof will be met
PART I
Compensation Water
Provision as to 2. (1) During the construction of any authorised impounding reservoir
compensation
water. the undertakers may, subject as hereinafter provided, take from any stream to
be impounded thereby such water as they may require, except that, before taking
any water from the stream, they shall, on an approved site, construct an approved
UNOFFICIAL VERSION

gauge to gauge the flow of the stream, and, while the flow of water through or
over the gauge is less than the prescribed flow, they shall not take any water.
(2) After the completion of the reservoir the undertakers shall, at an
approved point within such limits as may be prescribed, discharge into the stream
from, or from streams feeding, the reservoir during each day of twenty-four
hours reckoned from midnight in a uniform and continuous flow a quantity of
water not less than the prescribed quantity, and, for the purpose of gauging such
discharge, they shall construct and maintain in good order approved gauges on
approved sites.
(3) Where the undertakers are authorised to take any water from any
stream, they shall, before taking any such water, construct on approved sites
approved gauges to gauge the quantity of water taken and the flow of the stream,
and they shall not take any water in excess of the quantity authorised to be
taken or while the flow of water through or over the gauge is less than the
prescribed flow.
(4) If the undertakers—
(a) fail to construct or maintain in good order any such gauge as
aforesaid, or refuse to allow any person interested to inspect
and examine any such gauge or any records made thereby or
kept by them in connection therewith or to take copies of any
such records; or
(b) take any water from the stream contrary to the provisions of
subparagraph (1) or (3), or fail to comply with the requirements
of subparagraph (2) with respect to the discharge of water into
the streams,
they shall, without prejudice to their civil liability, if any, to a person aggrieved,
be liable in the case of an offence under clause (a) to a fine of seven hundred
and fifty dollars, in respect of each day on which the offence has been committed
or has continued, and in the case of an offence under clause (b)—
(i) on summary conviction, to a fine of seven hundred and
fifty dollars in respect of each such day; and
(ii) on conviction on indictment, to a fine of fifteen hundred
dollars in respect of each such day.
(5) In this paragraph, the expression “gauge” includes a gauge weir
or other apparatus for measuring the flow of water, and the expression “approved”
means approved by the Minister.
(6) The foregoing provisions of this paragraph shall be deemed to
have been accepted by all persons interested as full compensation for all water
impounded by the authorised works, except in respect of any land between the
foot of the embankment of the reservoir and the point of discharge approved for
the purposes of subparagraph (2).

PART II
Power to Lay Mains, etc.

Power to 3. (1) The undertakers may lay a main—
lay mains.
(a) in any street, subject, however, to the provisions of Part III of
the Third Schedule to the Act; and
(b) with the consent of every owner and occupier of any land not
forming part of a street and with the consent of the local
authority of the district in which that land is situate and also of
the highway authority concerned, if the main will be laid within
two hundred and twenty feet of any highway, in, on or over
that land,
and may from time to time inspect, repair, alter or renew, or may at any time
remove, any main laid down by them, whether by virtue of this paragraph or
otherwise.
(2) A consent required for the purposes of subparagraph (1) shall not
be unreasonably withheld and any question whether such a consent is, or is not,
unreasonably withheld shall be referred to and determined by the Minister.
(3) Where the undertakers propose in the exercise of their powers
under this paragraph to lay a main which will cross or interfere with any
watercourse or works vested in, or under the control of, a land drainage
authority, they shall give notice of their proposals to that authority, and, if
within twenty-eight days that authority serve on the undertakers notice of
objection to their proposals, the undertakers shall not proceed with their
proposals unless all objections so made are withdrawn, or the Minister after a
local inquiry has approved the proposals, either with or without modification,
except that this paragraph shall not apply in relation to a main which the
undertakers propose to lay in a bridge carrying a highway across such a
watercourse as aforesaid.
(4) Where the undertakers, in the exercise of their powers under this
paragraph, lay a main in, on or over any land not forming part of a street, or
inspect, repair, alter, renew or remove a main laid in, on or over any such land,
they shall from time to time pay compensation to every person interested in that
land for any damage done to, or injurious affection of, that land by reason of the
inspection, laying, repair, alteration, renewal or removal of the main.
Any dispute as to the amount of compensation to be paid under this
subparagraph shall be referred to arbitration.
(5) The undertakers may erect and maintain in any street notices
indicating the position of underground water fittings used for controlling the
flow of water through their mains, and may affix such notice to any house or
other building wall or fence.
UNOFFICIAL VERSION

(6) For the purposes of this paragraph, a private street within the
curtilage of a factory shall be deemed not to be, or form part of, a street.
4. (1) The undertakers may in any street within their limits of supply lay Power to
such service pipes with such stopcocks and other fittings as they deem necessary lay service
pipes, etc.
for supplying water to premises within the said limits, and may from time to
time inspect, repair, alter or renew, and may at any time remove, any service
pipes laid in a street whether by virtue of this paragraph or otherwise.
(2) Where a service pipe has been lawfully laid in, on or over any land
not forming part of a street, the undertakers may from time to time enter upon that
land and inspect, repair, alter, renew or remove the pipe or lay a new pipe in
substitution therefor, but shall pay compensation for any damage done by them.
subparagraph shall be determined by Arbitration.
PART III
Supply of Water for Domestic Purposes
5. The undertakers shall provide in their mains and communications pipes Duty of
a supply of wholesome water sufficient for the domestic purposes of all owners undertakers as
respects
and occupiers of premises within the limits of supply who have been supplied sufficiency
with water for those purposes. and purity.
PART IV
Supply of Water for Public Purposes
6. The undertakers shall, at the request of the fire authority concerned, Undertakers to
fix fire-hydrants on their mains at such places as may be most convenient for fix and maintain
fire-hydrants on
affording a supply of water for extinguishing any fire which may break out pipes.
within the limits of supply, and shall keep in good order and from time to time
renew every such hydrant. Any difference as to the number or proper position
of such hydrants shall be referred to and determined by the Minister.
7. The cost of such hydrants as aforesaid and of fixing, maintaining and Cost of
hydrants.
renewing them, shall be defrayed out of public funds on behalf of the
fire authority
.
8. The undertakers shall allow all persons to take water for extinguishing Water to be
taken to
fires from any pipe of the undertakers on which a hydrant is fixed, extinguish fires
without payment. without charge.
9. (1) In every pipe of the undertakers on which a hydrant is fixed the Supply of water
for cleaning
undertakers shall provide a supply of water for cleansing sewers and drains, for sewers, etc., and
cleansing and watering highways, and for supplying any public pumps, baths, for other public
or wash-houses. purposes.

(2) A supply of water for the said purposes shall be provided at such
rates, in such quantities, and upon such terms and conditions as may be agreed
between the local authority or highway authority concerned and the undertakers,
or in default of agreement, as may be determined by the Minister.
(3) In this paragraph “sewer” includes the sewer system vested in the
Authority by section 11 of the Act.
PART V
Constancy and Pressure of Supply
10. (1) Subject as hereinafter provided, the undertakers shall cause the
water in all pipes on which hydrants are fixed, or which are used for giving
supplies for domestic purposes, to be laid on continually and at such a pressure
as will cause the water to reach to the top of the top-most storey of every building
within the limits of supply.
(2) Nothing in this section shall require them to deliver water at a
height greater than that to which it will flow by gravitation through their mains
from the service reservoir or tank from which the supply in question is taken
and they may in their discretion determine the service reservoir or tank from
which any supply is to be taken.
PART VI
ly Laying and Maintenance of Supply Pipes and Communication Pipes

11. (1) An owner or occupier of any premises within the limits of supply
who desires to have a supply of water for his domestic purposes from the waterworks
of the undertakers, shall, subject as hereinafter provided, make application therefor
to the undertakers, who may if they approve lay the necessary supply pipe.
(2) At, or before, the time of making such application, the owner or
occupier shall pay or tender to the undertakers such sum as may be payable in
advance by way of water rate in respect of his premises.
(3) If so directed by the undertakers, the owner or occupier shall lay
the supply pipe at his own expense, having first obtained the consent of the
owner of any land not forming part of a street, being land intervening between
the communication pipe and the premises to be supplied with water save that,
where any part of the supply pipe is to be laid in a highway, he shall not himself
break open the highway or lay that part of the pipe.
(4) Where the undertakers lay the supply pipe on behalf of the owner
or occupier—
(a) he shall first obtain the consent of the owner of any land not
forming part of a street, being land intervening between the
communication pipe and the premises to be supplied with
water; and
UNOFFICIAL VERSION

(b) the expenses reasonably incurred by the undertakers in

executing the work shall be repaid to them by the owner or
occupier respectively, and may be recovered by them from
him summarily as a civil debt.
(5) Notwithstanding anything in the foregoing provisions of this
paragraph, undertakers to whom such an application as aforesaid is made may
within seven days after the receipt thereof, require the person making the
application either to pay to them in advance the cost of the work, in accordance
with the scale of charges prescribed by the undertakers therefor, or to give security
for payment thereof to their satisfaction.
12. (1) Upon approval of the application referred to in paragraph 11, the Laying of
communication
undertakers shall lay the necessary communication pipe and any part of the pipes, etc.
supply pipe which is to be laid in a highway and shall connect the communication
pipe with the supply pipes.
(2) Where in accordance with subparagraph (1), any part of the supply
pipe is to be laid in a highway, they may elect to lay a main in the highway for
such distance as they think fit in lieu of a supply pipe, and in that case shall lay
a communication pipe from that main and connect it with the supply pipe.
(3) The expenses to be incurred by the undertakers in executing the
work which they are required or authorised by this paragraph to execute shall
be payable to them in advance by the person by whom the application was
made, in accordance with the scale of charges prescribed by the undertakers
therefor, except that, if under this paragraph, the undertakers lay a main in lieu
of part of a supply pipe, the additional cost incurred in laying a main instead of
a supply pipe shall be borne by them.
13. (1) Subject to this paragraph, the undertakers may require the provision Power of
undertakers to
of a separate service pipe for each house or other building supplied, or to be require separate
supplied, by them with water. service pipes.
(2) If, in the case of a house or other building already supplied

with water but not having a separate service pipe, the undertakers give
notice to the owner of the house or building requiring the provision of
such a pipe, the owner shall within three months lay so much of the required
pipe as will constitute a supply pipe and is not required to be laid in a
highway, and the undertakers shall, with all reasonable despatch after he
has done so, lay so much of the required pipe as will constitute a
communication pipe or a supply pipe to be laid in a highway and make all
necessary connections.
(3) If an owner upon whom a notice has been served under
subparagraph (2) fails to comply therewith, the undertakers may themselves
execute the work which he was required to execute.

(4) The expenses reasonably incurred by the undertakers in executing

the work which they are required by subparagraph (2) to execute, or which they
are empowered by subparagraph (3) to execute, shall be repaid to them by the
owner of the house or building and may be recovered by them from him
summarily as a civil debt, but without prejudice to the rights and obligations, as
between themselves, of the owner and the occupier of the house or building.
(5) For the purposes of the foregoing provision of this paragraph two
or more buildings in the same occupation and forming part of the same
hereditament for rating purposes shall be treated as a single building.
(6) Where the owner of a group or block of houses is liable by law or
undertakes in writing to pay the water rates in respect of all those houses, then,
so long as he punctually pays those rates and the supply pipe of those houses is
sufficient to meet the requirements thereof, the undertakers shall not require the
provision of separate service pipes for those houses.
(7) Without prejudice to the provisions of subparagraph (6) where,
on the coming into force of this paragraph, two or more houses were being
supplied with water by single service pipe, the undertakers shall not require the
provision of separate service pipes for those houses until either—
(a) the existing supply pipe becomes so defective as to require
renewal, or is no longer sufficient to meet the requirements of
the houses; or
(b) an instalment of the water rate in respect of any of the houses
remains unpaid after the end of the period for which it is
due; or
(c) the houses are, by structural alterations to one or more of them,
converted into a larger number of houses.
Vesting of 14. (1) All communication pipes, whether laid before or after the coming
communication into force of this paragraph, shall vest in the undertakers and the undertakers
pipes and repair
of such pipes shall at their own expense carry out any necessary works of maintenance,
and of supply repair or renewal of such pipes and any work on their mains incidental thereto.
pipes in
highways. (2) The undertakers shall also carry out any such necessary works as
aforesaid in the case of so much of any supply pipe as is laid in a highway, and
may recover the expenses reasonably incurred by them in so doing summarily
as a civil debt from the owner of the premises supplied by the pipe, but without
prejudice to the rights and obligations, as between themselves, of the owner
and the occupier of the premises.
PART VII
Stopcocks
Provisions as to 15. (1) On every service pipe laid after the coming into force of this
position, etc.,
of stopcocks. paragraph the undertakers shall, and on every service pipe laid before that date
UNOFFICIAL VERSION

the undertakers may, fit a stopcock enclosed in a covered box, or pit, of such
size as may be reasonably necessary.
(2) Every stopcock fitted on a service pipe after the coming into force
of this paragraph shall be placed in such position as the undertakers consider
most convenient, but—
(a) a stopcock in private premises shall be placed as near as is
reasonably practicable to the street from which the service
pipe enters those premises; and
(b) a stopcock in a street shall, after consultation with the highway
authority concerned, be placed as near to the boundary thereof
as is reasonably practicable.
PART VIII
Water Rates and Charges
16. (1) Where undertakers supply water to any premises for domestic Water Rates.
purposes or where the Authority erects, maintains, and keeps supplied with [32 of 1969].
water any public standpipe, they or it, as the case may be, may charge in respect
thereof a water rate, which shall be calculated at a rate not exceeding the
prescribed rate—
(a) in the case of a house or of any premises not used solely for
business, trade or manufacturing purposes or for the exercise
of functions by any public authority, on the annual value
thereof; and
(b) in the case of any other premises, on such proportion of the
annual value thereof as may be prescribed.
(2) Notwithstanding subsection (1), the undertakers may in any case
make in respect of the supply such minimum charge as may be prescribed or, if
no charge is prescribed, three dollars and sixty cents a year.
(3) For the purposes of this Part, where water supplied to a house
within the curtilage of a factory is used solely for the domestic purposes of
occupants of the house, the house shall be deemed separate premises not forming
part of the factory.
(4) For the purposes of this Part, the annual value of any premises
shall be taken to be that value as appearing in the assessment roll in force on the
first day of the period of twelve months covered by the rate, save that, if that
value does not appear therein, or if the water rate is chargeable on a part only of
any hereditament entered therein, the annual value of the premises supplied
shall be taken to be such sum, or as the case may be, such fairly apportioned
part of the annual value of the whole hereditament, as, in default of agreement,
may be determined by the Appeal Board.

(5) Subject to the provisions of subparagraph (2), where there is

communication, otherwise than by a highway, between buildings or parts of
buildings in the occupation of the same person, those building or parts of
buildings shall, if the undertakers so decide, be treated, for the purpose of
charging water rates, as one building having an annual value equal to the
aggregate of their annual values. A person aggrieved by a decision of the
undertakers under this subparagraph may appeal to the Appeal Board.
Power to make 17. (1) The undertakers, in lieu of charging a water rate, may agree with
agreed charges
for domestic any person requiring a supply of water for domestic purposes to furnish the
supply. supply, whether by meter or otherwise, on such terms and conditions as may
be agreed.
(2) Charges payable under this paragraph (including charges for any
meter supplied by the undertakers) shall be recoverable in the manner in which
water rates are recoverable.
Additional 18. (1) Where water which the undertakers supply for domestic purposes,
charges where and in respect of which they charge a water rate—
water supplied
for domestic (a) is used for watering a garden; or
purposes and
paid for by (b) is used for horses, washing vehicles, or other purposes in
water rate is
used for other stables, garages or other premises where horses or vehicles
purposes. are kept,
the undertakers may in either case, if a hose-pipe or other similar apparatus is
used, charge in respect of that use of the water an additional annual sum not
exceeding the prescribed sum.
(2) Where in either of such cases the water used is drawn from a tap
outside a house, but no hose-pipe or similar apparatus is used, the undertakers
may charge an additional annual sum not exceeding one-half of the maximum
sum chargeable under subparagraph (1).
(3) Sums charged under the provisions of this paragraph shall be paid
in advance either quarterly or half-yearly as the undertakers may determine,
and shall be recoverable in the manner in which water rates are recoverable.
Metered 19. (1) The undertakers may—

supplies.
(a) require that any supply connected to a communication pipe be
provided by them with a meter;
(b) prescribe the charges to be paid by the owner or occupier of
the metered premises for or in connection with the installation,
use, testing and removal of any meter or class of meter; and
(c) prescribe the charges which shall be payable by the owner or
occupier of the premises for water supplied through the meter.
UNOFFICIAL VERSION

(2) Any such charge for water supplied through meters may be made
to apply to premises generally or may be made to apply to any specified class or
description of premises or to any specified class or description of supply.
(3) Charges leviable under this paragraph shall be assessed and payable
in such manner and shall be due at such times and in such circumstances as the
undertakers may prescribe.
20. Where two or more houses or other buildings in the occupation of Liability to
different persons are supplied with water by a common pipe, the owner or water rates
where building
occupier of each of them shall be liable to pay the same water rate for the supplied by
supply as he would have been liable to pay if it had been supplied with water by common pipe.
a separate pipe.
21. (1) Where a house or other building supplied with water by the Water rates on
undertakers has an annual value not exceeding five hundred dollars, the owner certain houses
may be
instead of the occupier shall, if the undertaker so resolve, pay the rate for the demanded from
supply of water. the owners.
[7 of 1978].
(2) An owner of premises to which a resolution of undertakers under
this paragraph applies shall, if he pays the amount due by him in respect of a
water rate before the expiration of one-half of the period in respect of which the
rate or instalment of the rate is payable, or before such later date as may be
specified by the undertakers, be entitled to an allowance calculated at the rate
of five per cent.
22. (1) Undertakers who charge water rates under the Act or an Order Making and
shall make such a rate by fixing, in respect of a period of twelve months dates for
payment of
commencing on the first day of January, the rate or, as the case may be, the sewerage rates.
scale of rates by reference to which amounts due under the rate are to be
calculated and, subject to the provisions of this paragraph, any such rate shall
be payable in advance by equal quarterly instalments or, if the undertakers so
resolve, by equal half-yearly instalments.
(2) A water rate under this paragraph, or in force under any written
law relating to water supply immediately before the coming into operation of
this paragraph, shall unless a new rate is made, continue to operate in respect of
each successive period of twelve months.
(3) If, and so long as, the water rates are payable in advance by half-
yearly instalments—
(a) no proceedings shall be commenced for the recovery of any
such instalment until the expiration of two months from the
first day of the half-year in respect of which it has been
demanded; and
(b) subject to subparagraph (4), if the person who is, or who,
but for the provisions of paragraph 21, would be, liable to

pay the water rate payable in respect of any premises, is in

occupation of those premises during a portion only of a half-
year, he, or as the case may be, the owner of the premises,
shall be liable to pay the whole of the instalment due in respect
of that half-year.
(4) If the person who is, or who, but for the provisions of paragraph 21,
would be liable, to pay the water rates as aforesaid, notifies the Authority of his
or the occupiers’ intention respectively to quit the premises before the premises
becomes vacant, he or as the case may be the owner of the premises shall be
liable to pay so much only of the half-yearly instalment as bears to the whole
instalment the same proportion as the number of days within the half-year during
which the first-mentioned person is in occupation bears to the number of days
in the half-year, and, if any greater proportion of the instalment has been paid,
the person by whom it was paid shall be entitled to recover the excess from the
undertakers, except in so far as he has previously recovered it from an
incoming occupier .
(5) Nothing in subparagraph (4) shall exempt the owner of any
premises from liability in respect of any subsequent portion of the half-year
during which the premises may again become occupied.
(6) Subject to the provisions of subparagraphs (4) and (5)—
(a) where the undertakers commence to give a supply of water to
any premises, either for the first time or after a discontinuance
of supply, the then current instalment of the water rate shall
become payable on the day on which notice requiring the
supply is given to the undertakers or, if no such notice is given,
on the day when they commence to give the supply; and
(b) the liability of a person to pay an instalment of a water rate
shall not be affected by the fact that, before the end of the
period in respect of which the instalment became payable by
him, he or his tenant, as the case may be, removes from the
premises in question, or causes the supply of water thereto to
be discontinued.
(7) Nothing in this paragraph affects any right of the undertakers to
make a minimum charge in respect of water rates.
Effect on water 23. (1) Where—

rates of
alteration in (a) under section 12 or 15 of the Lands and Buildings Taxes Act,
assessment roll. an amendment is made in the assessment roll for the time being
Ch. 76:04.
in force, or in consequence of section 8 of that Act, an
assessment roll comes into operation, or
(b) under any written law relating to local authorities, an alteration
or a new valuation is made in the house rate,
UNOFFICIAL VERSION

the amendment or assessment roll or alteration or new valuation in the house

rate respectively shall, for the purpose of calculating the amount due in respect
of any water rate payable, have effect retrospectively as from the date when the
amendment or assessment roll or alteration or new valuation in the house rate,
respectively was made or came into operation and, notwithstanding anything in
the last foregoing paragraph with respect to the equality of instalments of a
water rate, any necessary adjustments shall be made in the then current
instalments of the rates and any subsequent instalments thereof.
(2) If it is found that, by reason of the foregoing provisions, too much
or too little has been paid in respect of any water rate, the difference shall be
repaid or allowed or, as the case may be, shall be paid and may be recovered in
the manner in which water rates are recoverable.
24. (1) The undertakers may allow discounts or rebates in consideration Discount for
of prompt payment of water rates and charges, but such discounts or rebates prompt payment
of water rates
shall be at the same rate under like circumstances to all persons and shall not in and charges.
any case exceed five per cent.
(2) If, and so long as, the undertakers allow such discounts or rebates,
notice of the effect of this paragraph shall be endorsed on every demand note
for water rates and charges.
(3) This paragraph shall not apply in any case where a discount is
payable under paragraph 21.
25. If it is shown to the satisfaction of a Justice of the Peace on sworn Recovery of

information in writing that a person is quitting, or is about to quit, premises to rates and
charges from
which the undertakers supply water and has failed to pay on demand an persons leaving
instalment of a water rate or charge payable by, and due from, him in respect of premises.
those premises, and intends to evade payment thereof by departing from the
premises, the Justice may, in addition to issuing a summons for non-payment of
the sum due, issue a warrant under his hand authorising the person named therein
forthwith to enter the premises and to seize sufficient goods and chattels of the
defaulter to meet the claim of the undertakers and to detain them until the cause
is determined upon the return of the summons.
26. (1) Where the undertakers supply water by meter, the register of the Register of
meter to be
meter shall be prima facie evidence of the quantity of water consumed. evidence.
(2) Any question arising between the undertakers and a consumer
with respect to the quantity of water consumed may, on the application of either
party, be determined by a Court of summary jurisdiction.
(3) If the meter on being tested is proved to register incorrectly to any
degree exceeding five per cent—
(a) the meter shall be deemed to have registered incorrectly to
that degree since the last occasion but one before the date of

the test on which a reading of the index of the meter was taken
by the undertakers, unless it is proved to have begun to register
incorrectly on some later date; and
(b) the amount of any refund to be made to, or of any extra payment
to be made by, the consumer shall be paid or allowed by the
undertakers or paid by the consumer, as the case may be, and
in the case of an extra payment, shall be recoverable in the
manner in which water rates are recoverable.
PART IX
Provisions for Preventing Waste, etc., of Water, and as to Meters and

other Fittings
Power to test 27. The undertakers may test any water fittings used in connection with
water fittings.
water supplied by them.
Power to enter 28. An authorised officer of the undertakers may, between the hours of
premises to
detect waste or seven in the forenoon and one hour after sunset, on producing, if required,
misuse of water. evidence of his authority, enter any premises supplied with water by the
undertakers in order to examine if there is any waste or misuse of such water
and, if, after production of his authority, he is refused admittance to the premises,
or is obstructed in making his examination, the person refusing him admittance
or so obstructing him is liable to a fine of one hundred and fifty dollars.
Power to repair 29. (1) If the undertakers have reason to think that some injury to or defect
supply pipes.
in a supply pipe which they are not under obligation to maintain is causing, or is
likely to cause, waste of water or injury to person or property, they may execute
such work as they think necessary or expedient in the circumstances of the case
without being requested to do so and, if any injury to or defect in the pipe is
discovered, the expenses reasonably incurred by the undertakers in discovering
it and in executing repairs shall be recoverable by them summarily as a civil
debt from the owner of the premises supplied, but without prejudice to the rights
and obligations, as between themselves, of the owner and occupier of
the premises.
(2) Where several houses or other buildings in the occupation of
different persons are supplied with water by one common supply pipe
belonging to the owners or occupiers of the houses or buildings, the amount
of any such expenses as aforesaid and any expenses reasonably incurred by
the undertakers in the maintenance of that pipe may be recovered in manner
aforesaid from the owners of those premises in such proportions as, in case of
dispute, may be settled by the Court, but without prejudice to the rights and
obligations, as between themselves, of the owners and occupiers of those
premises respectively.
UNOFFICIAL VERSION

30. (1) Any owner or occupier of any premises who wilfully or negligently Penalty for
causes or suffers any water fitting which he is liable to maintain to— waste, etc., of
water by
(a) be or remain so out of order, or so in need of repair; or non-repair of
water fittings.
(b) be or remain so constructed or adapted, or be so used,
that the water supplied to those premises by the undertakers is, or is likely to be
wasted, misused or unduly consumed, or contaminated before use, or that foul
air or any impure matter is likely to return into any pipe belonging to or connected
with a pipe belonging to the undertakers, is liable to a fine of seventy-five dollars.
(2) If any water fitting which any person is liable to maintain is in such a
condition, or so constructed or adapted as aforesaid, the undertakers without prejudice
to their right to institute proceedings under subparagraph (1), may require that person
to carry out any necessary repairs or alterations, and, if he fails to do so within forty-
eight hours, may themselves carry out the work and recover from him summarily as
a civil debt the expenses reasonably incurred by them in so doing.
31. (1) Any owner or occupier of premises supplied with water by the Penalties for
undertakers who without their consent supplies any of that water to another person misuse of water.
for use in other premises, or wilfully permits another person to take any of that
water for use in other premises, is (without prejudice to the right of the undertakers
to recover from such owner or occupier the value of the water so supplied or
permitted to be taken) liable to a fine of one hundred and fifty dollars, except
where the water is supplied to a person for the purpose of extinguishing a fire, or
where such person is a person supplied with water by the undertakers but
temporarily unable, through no default of his own, to obtain water.
(2) Any person who wrongfully takes, uses or diverts water from a
reservoir, watercourse, conduit, pipe or other apparatus belonging to the
undertakers, or from a pipe leading to or from any such reservoir, watercourse,
conduit, pipe or other apparatus, or from a cistern or other receptacle containing
water belonging to the undertakers or supplied by them for the use of a consumer
of water from them, is liable to a fine of seventy-five dollars.
(3) Any person who, having from the undertakers a supply of water
otherwise than by meter, uses any water so supplied to him for a purpose other
than those for which he is entitled to use it is liable to a fine of thirty dollars,
without prejudice to the right of the undertakers to recover from him the value
of the water misused.
32. (1) Any person who fraudulently alters the index of any meter used Penalty for
fraudulent use
by the undertakers for measuring the water supplied by them, or prevents any of water.
such meter from registering correctly the quantity of water supplied, or
fraudulently abstracts or uses water of the undertakers, is, without prejudice to
any other right or remedy of the undertakers, liable to a fine of seventy-five
dollars, and the undertakers may do all such work as is necessary for securing
the proper working of the meter, and may recover the expenses reasonably
incurred by them in so doing from the offender summarily as a civil debt.

(2) For the purposes of this paragraph, if it is proved that a consumer

has altered the index of a meter, it shall rest upon him to prove that he did not
alter it fraudulently, and the existence of any artificial means under the control
of a consumer for preventing a meter from registering correctly, or for enabling
him fraudulently to abstract or use water, shall be evidence that he has
fraudulently prevented the meter from registering correctly or, as the case may
be, has fraudulently abstracted or used water.
Penalty for 33. Any person who either—

interference
with valves and (a) wilfully and without the consent of the undertakers; or
apparatus.
(b) negligently,
turns on, opens, shuts off or otherwise interferes with any valve, cock or other
work or apparatus belonging to the undertakers and thereby causes the supply
of water to be interfered with, is liable to a fine of seventy-five dollars and,
whether proceedings be taken against him in respect of his offence or not, the
undertakers may recover from him summarily as a civil debt the amount of any
damage sustained by them, except that this paragraph shall not apply to a
consumer closing the stopcock fixed on the service pipe supplying his premises,
so long as he has obtained the consent of any other consumer whose supply will
be affected thereby.
Penalty for 34. (1) Any person who without the consent of the undertakers attaches
extension or
alteration of any pipe or apparatus to a pipe belonging to the undertakers, or to a supply pipe,
pipes, etc. or makes any alteration in a supply pipe or in any apparatus attached to a supply
pipe, is liable to a fine of seventy-five dollars, and any person who uses any
pipe or apparatus which has been so attached, or altered is liable to the same
penalty unless he proves that he did not know, and had no ground for suspecting,
that it had been so attached or altered.
(2) When an offence under this paragraph has been committed, then
whether proceedings be taken against the offender in respect of his offence or
not, the undertakers may recover from him summarily as a civil debt the amount
of any damage sustained by them and the value of any water wasted, misused or
improperly consumed.
Meters to be 35. (1) A consumer who has not obtained the consent of the undertakers
connected, or
disconnected, by shall not connect or disconnect any meter by means of which water supplied by
undertakers. the undertakers is intended to be, or has been, measured for the purpose of the
payment to be made to them, but, if he requires such a meter to be connected or
disconnected, shall give to the undertakers not less than twenty-four hours’ notice
of his requirements and of the time when the work can be commenced and,
thereupon, the undertakers shall carry out the necessary work and may recover
from him summarily as a civil debt the expenses reasonably incurred by them
in so doing.
UNOFFICIAL VERSION

(2) Any consumer who contravenes any of the provisions of this

paragraph is liable to a fine of thirty dollars.
36. Subject (in the case of a water purveyor to the provisions of the Order Meter, etc., to
measure water
with respect to the breaking open of streets) the undertakers may for the purpose or detect waste.
of measuring the quantity of water supplied, or preventing or detecting waste,
affix and maintain meters and other apparatus on their mains and service pipes
and may insert in any street, but as near as is reasonably practicable to the
boundary thereof, the necessary covers or boxes for giving access and protection
thereto, and may for that purpose temporarily obstruct, break open, and interfere
with streets, sewers, pipes, wires and apparatus.
GENERAL
37. A consumer who wishes the supply of water on his premises to be Notice of
discontinued, shall give not less than twenty-four hours’ notice to the undertakers. discontinuance.
FIFTH SCHEDULE Section 70.

[32 of 1969
7 of 1978].
PROVISIONS APPLICABLE TO THE AUTHORITY
UNDER PART IV OF THE ACT
Preliminary
1. (1) In this Schedule, the expressions defined in section 61(1) of the Interpretation.
Act and the expressions defined in paragraph 1(1) of the Third Schedule shall
have the meanings assigned to them in that section and in that paragraph,
respectively, and—
“business” does not include a profession;
“county” means the area comprising the electoral district set out in the First
Schedule to the Municipal Corporations Act; Ch. 25:04.
“highway authority” means, in the case of a highway maintainable at the public
expense, the Technical Officer (Works) and in any other case the authority
or person in whom that highway is vested or the authority or person
responsible for the maintenance of the highway or if no authority or person
is responsible therefor, the owner of the soil of the highway.
(2) Where in this Schedule, a highway is expressed to be maintainable
be so, notwithstanding that the expense of the maintenance thereof will be met

PART I
Power to Lay Street Sewers, etc.
Power to lay 2. (1) The Authority may lay a sewer—

sewers.
(a) in any street, subject, however, to the provisions of Part III of
the Third Schedule; and
(b) with the consent of every owner and occupier of any land not
forming part of a street and with the consent of the local
authority of the district in which that land is situated and also
of the highway authority concerned, if the sewer will be laid
within two hundred and twenty feet of any highway, in, on or
over any land,
and may from time to time inspect, repair, alter or renew, or may at any time remove,
any sewer laid down by them whether by virtue of this paragraph or otherwise.
(2) A consent required for the purposes of subparagraph (1) shall not
be unreasonably withheld and any question whether such a consent is, or is not,
unreasonably withheld shall be referred to and determined by the Minister.
(3) Where the Authority proposes in the exercise of its powers under
this paragraph to lay a sewer which will cross or interfere with any watercourse
or works vested in, or under the control of, a land drainage authority, it shall
give notice of its proposals to that authority, and, if within twenty-eight days
that authority serve on the Authority notice of objection to its proposals, the
Authority shall not proceed with its proposals unless all objections so made are
withdrawn, or the Minister after a local inquiry has approved the proposals,
either with or without modification, except that this paragraph shall not apply
in relation to a street sewer which the Authority proposes to lay in a bridge
carrying a highway across such a watercourse as aforesaid.
(4) Where the Authority, in the exercise of its powers under this
paragraph lay a sewer in, on or over any land not forming part of a street, or
inspect, repair, alter, renew or remove a main laid in, on or over any such land,
it shall from time to time pay compensation to every person interested in that
land for any damage done to, or injurious affection of, that land by reason of the
inspection, laying, repair, alteration, renewal or removal of the sewer.
subparagraph shall be referred to arbitration.
(5) The Authority may erect and maintain in any street notices
indicating the position of underground sewerage works and appliances used for
controlling the flow of sewerage through its street sewer, and may affix such
notice to any house or other building, wall or fence.
(6) For the purposes of this paragraph, a private street within the
curtilage of a factory shall be deemed not to be, or form part of, a street.
UNOFFICIAL VERSION

3. (1) The Authority may in any street lay such street sewers and Power to lay
collecting sewers with such fittings as it deems necessary for the drainage of collecting
sewers, etc.
sewage from any house sewer, and may from time to time inspect, repair, alter,
or renew and may at any time remove, any collecting sewer laid in a street
whether by virtue of this paragraph or otherwise.
(2) Where a sewer or collecting sewer has been lawfully laid in, on or
over any land not forming part of a street, the Authority may from time to time
enter upon that land and inspect, repair, alter, renew or remove the sewer or lay
a new sewer in substitution therefor, but shall pay compensation for any damage
done by it.
subparagraph shall be determined by arbitration.
PART II
Laying and Maintenance of Street Sewers, Collecting Sewers and
House Sewers
4. (1) Subject to the provision of this paragraph, the Authority may Power of
Authority to
require the provision of a separate house sewer for each house or other building require separate
connected with or to be connected with the collecting sewers. house sewers.
(2) If, in the case of a house or other building already connected with
a collecting sewer, and not having a separate house sewer connected to a street
sewer, the Authority gives notice to the owner of the house or building requiring
the provision of such a house sewer, the owner shall within three months lay so
much of the required sewer and other works as will constitute a house sewer
and is not required to be laid in a highway, and the Authority shall, with all
reasonable despatch after he has done so, make all necessary connections.
(3) If an owner upon whom a notice has been served under
subparagraph (2) fails to comply with the notice, the Authority may itself execute
the work which he was required to execute.
(4) The expenses reasonably incurred by the Authority in executing
the work which it is required by subparagraph (2) to execute, or which it is
empowered by subparagraph (3) to execute, shall be repaid to it by the owner of
the house or building and may be recovered by it from him summarily as a civil
debt, but without prejudice to the rights and obligations, as between themselves,
of the owner and the occupier of the house or building.
(5) For the purposes of the foregoing provisions of this paragraph,
two or more buildings in the same occupation and forming part of the same
hereditament for rating purposes shall be treated as a single building.
(6) Where the owner of a group or block of houses is liable by law or
undertakes in writing to pay the sewerage rates in respect of all those houses,

then, so long as he punctually pays those rates and the house sewer of those
houses is sufficient to meet the requirements thereof, the Authority shall not
require the provision of separate house sewers for those houses.
(7) Without prejudice to subparagraph (6), where, on the coming into
force of this paragraph, two or more houses were served by a single house
sewer, the Authority shall not require the provision of separate house sewers for
those houses until either—
(a) the existing house sewer becomes so defective as to require
renewal, or is no longer sufficient to meet the requirements of
the houses; or
(b) an instalment of the sewerage rate in respect of any of the
houses remains unpaid after the end of the period for which it
is due; or
(c) the houses are, by structural alterations to one or more of them,
converted into a larger number of houses.
Vesting of 5. (1) All collecting sewers, whether laid before or after the coming into
collecting force of this paragraph, shall vest in the Authority and the Authority shall at its
sewers and
repair of such own expense carry out any necessary works of maintenance, repair or renewal
sewers and of of such sewers and any work on its street sewers incidental thereto.
house sewers in
highways. (2) The Authority shall also carry out any such necessary works as
aforesaid in the case of so much of any house sewer as is laid in a highway, and
may recover the expenses reasonably incurred by it in so doing summarily as a
civil debt from the owners of the premises served by the house sewer, but without
prejudice to the rights and obligations, as between themselves, of the owner
and the occupier of the premises.
PART III
Sewerage Rates and Charges
Sewerage Rates. 6. (1) The Authority may charge in respect of any sewerage facilities
[32 of 1969].
provided by it a sewerage rate, which shall be calculated at a rate to be
prescribed—
(a) in the case of a house or of any premises not used solely for
business, trade or manufacturing purposes or for the exercise
of functions by any public authority, on the annual value
thereof; and
(b) in the case of any other premises, on such proportion of the
annual value thereof as may be prescribed or, if no proportion
is prescribed, as may be determined by the Minister.
(2) Notwithstanding subparagraph (1), the Authority may in any case
make in respect of the sewerage facilities provided by it such minimum charge it
may prescribe, or if no minimum is prescribed, three dollars and sixty cents a year.
UNOFFICIAL VERSION

(3) For the purposes of this Part, where a house served by a collecting
sewer is a house within the curtilage of a factory and that house is used solely
for the domestic purposes of occupants, the house shall be deemed separate
premises not forming part of the factory.
(4) For the purposes of this Part, the annual value of any premises
shall be taken to be that value as appearing in the assessment roll in force on the
first day of the period of twelve months covered by the rate, save that, if that
value does not appear therein, or if the sewerage rate is chargeable on a part
only of any hereditament entered therein, the annual value of the premises so
served shall be taken to be such sum, or, as the case may be, such fairly
apportioned part of the annual value of the whole hereditament, as, in default of
agreement, may be determined by the Appeal Board.
(5) Subject to the provisions of subparagraph (3), where there is
communication, otherwise than by a highway, between buildings or parts of
buildings in the occupation of the same person, those buildings or parts of
buildings shall, if the Authority so decides, be treated, for the purpose of charging
sewerage rates, as one building having an annual value equal to the aggregate
of their value. A person aggrieved by a decision of the Authority under this
subparagraph may appeal to the Appeal Board.
7. (1) The Authority, in lieu of charging a sewerage rate, may agree with Power to make
agreed charges
any person whose premises are or may be served with sewerage facilities to in lieu of
provide such service, on such terms and conditions as may be agreed. sewerage rates.
(2) Charges payable under this paragraph shall be recoverable in the

manner in which sewerage rates are recoverable.
8. (1) Where a house or other building has an annual value not Sewerage rates
exceeding five hundred dollars but is part of premises served with sewerage on certain
houses may be
facilities the owner instead of the occupier shall, if the Authority so resolves, demanded from
pay the sewerage rate. the owners.
[7 of 1978].
(2) An owner of premises to which a resolution of the Authority under
this paragraph applies shall, if he pays the amount due by him in respect of
sewerage rate before the expiration of one-half of the period in respect of which
the rate or instalment of the rate is payable or before such later date as may be
specified by the Authority, be entitled to an allowance calculated at a rate of
five per cent.
9. (1) The Authority shall, in respect of every house served with sewerage Making and
dates for
facilities, make a sewerage rate by fixing, in respect of a period of twelve months payment of
commencing on the first day of January, the rate, by reference to which amounts sewerage rates.
due under the rate are to be calculated, and subject to the provisions of this
paragraph, any such rate shall be payable in advance by equal quarterly
instalments, or, if the Authority so resolves by equal half-yearly instalments.

(2) A sewerage rate under this paragraph, or in force under Part XVII
Ch. 39. No. 1. of the Port-of-Spain Corporation Ordinance (repealed by the Municipal
(1950 Ed.).
21 of 1990. Corporations Act, 1990), immediately before the coming into operation of this
paragraph, shall, notwithstanding anything to the contrary, until a new rate is
made, continue to operate in respect of each successive period of twelve months.
(3) Subject to the Act—
(a) where the Authority commences to serve any premises, with
sewerage facilities, the then current instalment of the sewerage
rate shall become payable on the day when the Authority
commences to give the service; and
(b) the liability of a person to pay an instalment of a sewerage
rate shall not be affected by the fact that, before the end of the
period in respect of which the instalment became payable by
him, he or his tenant, as the case may be, removes from the
premises in question.
(4) Nothing in this paragraph affects any right of the Authority to
make a minimum charge in respect of sewerage rates.
Effect on 10. (1) Where—

sewerage rates
of alteration in (a) under section 12 or 15 of the Lands and Building Taxes Act,
assessment roll. an amendment is made in the assessment roll for the time being
Ch. 76:04.
in force, or in consequence of section 8 of that Act, an
assessment roll comes into operation; and
Ch. 39. No. 1. (b) under Part V of the Port-of-Spain Corporation Ordinance
(1950 Ed.). (repealed by the Municipal Corporations Act, 1990) an
21 of 1990.
alteration or a new valuation is made in the house rate,
rates respectively shall, for the purpose of calculating the amount due in respect
of any sewerage rate payable, have effect retrospectively as from the date when
rate, respectively was made or came into operation and, notwithstanding anything
in paragraph 9 with respect to the equality of instalments of a sewerage rate,
any necessary adjustments shall be made in the then current instalments of the
rates and any subsequent instalments thereof.
(2) If it is found that, by reason of the foregoing provisions, too much
or too little has been paid in respect of any sewerage rate, the difference shall be
repaid or allowed or, as the case may be, shall be paid and may be recovered in
the manner in which sewerage rates are recoverable.
Discount for 11. (1) The Authority may allow discounts or rebates in consideration of
prompt payment
of sewerage prompt payment of sewerage rates and charges, save that such discounts or
rates and rebates shall be at the same rate under like circumstances to all persons and
charges.
shall not in any case exceed five per cent.
UNOFFICIAL VERSION

(2) If, and so long as, the Authority allow such discounts or rebates,
notice of the effect of this paragraph shall be endorsed on every demand note
for sewerage rates and charges.
(3) This paragraph shall not apply in any case where a discount is
payable under paragraph 8.
12. If it is shown to the satisfaction of a Justice of the Peace on sworn Recovery of

rates and
information in writing that a person is quitting, or is about to quit, premises charges from
which the Authority serves with sewerage facilities and has failed to pay on persons leaving
premises.
demand an instalment of a sewerage rate or charge payable by, and due from,
him in respect of those premises, and intends to evade payment thereof by
departing from the premises, the Justice may, in addition to issuing a summons
for non-payment of the sum due, issue a warrant under his hand authorising the
person named therein forthwith to enter the premises and to seize sufficient
goods and chattels of the defaulter to meet the claim of the Authority and to
detain them until the complaint is determined upon the return of the summons.
PART IV
Provisions for Preventing Misuse of Sewerage Facilities
and as to other Fittings
13. The Authority may test any sanitary conveniences and appliances used Power to
test fittings.
in connection with sewerage facilities provided by it.
14. An authorised officer of the Authority may, between the hours of seven Power to enter
premises to
in the forenoon and one hour after sunset, on producing, if required, evidence detect misuse
of his authority, enter any premises served with sewerage facilities by the of sewerage
facilities.
Authority in order to examine if there be any misuse of such facilities and, if,
after production of his authority, he is refused admittance to the premises, or is
obstructed in making his examination, the person refusing him admittance, or
so obstructing him, is liable to a fine of one hundred and fifty dollars.
15. (1) If the Authority has reason to think that some injury to or defect in Power to repair
house sewers.
a house sewer which it is not under obligation to maintain is causing, or is likely
to cause, pollution or injury to person or property, it may execute such work as it
thinks necessary or expedient in the circumstances of the case without being
requested to do so and, if any injury to or defect in the house sewer is discovered,
the expenses reasonably incurred by the Authority in discovering it and in executing
repairs shall be recoverable by it summarily as a civil debt from the owner of the
premises supplied, but without prejudice to the rights and obligations, as between
themselves, of the owner and the occupier of the premises.
(2) Where several houses or other buildings in the occupation of
different persons are served with a common house sewer belonging to the owners
or occupiers of the houses or buildings, the amount of any such expenses as

aforesaid and any expenses reasonably incurred by the Authority in the

maintenance of that house sewer may be recovered in manner aforesaid from
the owners of those premises in such proportions as, in case of dispute, may be
settled by the Court, but without prejudice to the rights and obligations, as
between themselves, of the owners and occupiers of those premises respectively.
Penalty for 16. (1) If the owner or occupier of any premises wilfully or negligently causes
misuse, etc., or suffers any water closet, soilpipe or house sewer which he is liable to maintain to—
of sewerage
facilities by (a) be or remain so out of order, or so in need of repair; or
non-repair of
water (b) be or remain so constructed or adapted, or be so used,
closets, etc.
that the sewerage facilities provided by the Authority is, or is likely to be misused,
or to pollute or injure any premises or property, or that foul air or any impure
matter is likely to enter into any pipe belonging to, or connected with a pipe
belonging to, the Authority, he is liable to a fine of seventy-five dollars.
(2) If any water closet, soilpipe or house sewer which any person is liable
to maintain is in such a condition, or so constructed or adapted as aforesaid, the Authority,
without prejudice to its right to institute proceedings under subparagraph (1), may
require that person to carry out any necessary repairs or alterations, and, if he fails to
do so within forty-eight hours, may itself carry out the work and recover from him
summarily as a civil debt the expenses reasonably incurred by it in so doing.
Disposal of 17. Whenever a house, building or premises has been provided with a
sewerage
other than by house sewer and water closets under Part IV of the Act, if any sewage flows or
sewer. is deposited or thrown from the house or premises, either within the premises or
elsewhere than by the house sewer from the house and premises, the occupier
of the house, building or premises aforesaid and anyone who deposits or throws
any sewage as aforesaid is liable to a fine of seventy-five dollars.
Allowing 18. If any garbage, hair, ashes, fruit, vegetables, rags, bottles, tins, refuse, or
anything but
sewage and any other matter or thing whatsoever, except sewage as defined by Part IV of the
paper to be Act and the necessary paper, is thrown into or deposited in any receptacle connected
in sewers. with a house sewer, either by the occupier of a house, premises or other place, or by
anyone else, the occupier and also that person is liable for all damage occasioned
thereby and for all expenses incurred in repairing and rectifying the damage, and
the occupier and that person are each liable to a fine of seventy-five dollars.
Permitting 19. If in the judgment of the Authority sewage of any particular kind would
prohibited
sewage to be injurious to the sewer system the Authority may, by notice published in the
flow into Gazette and a daily newspaper, circulating in Trinidad and Tobago, prohibit, as
sewers. from the time stated in the notice, the introduction of that sewage into any
sewer, and if after the date prescribed by the notice any sewage is introduced, or
enters or flows, into any sewer, the occupier of any such house, premises or
place, and also anyone introducing any of that sewage, or causing it to flow or
enter into a sewer is liable to a fine of seventy-five dollars.
UNOFFICIAL VERSION

SUBSIDIARY LEGISLATION
RESOLUTION 99/1958.
made under section 35(1)

of the Central Water Distribution Authority Ordinance*
The Legislative Council on 20th June 1958

passed the following Resolution:
GENERAL WATER RATE
All Distribution Areas including new Distribution Areas and

extensions of Distribution Areas proclaimed during the year 1958.
(a) In respect of premises the annual value of
which is $24.00 or over—71/2 per cent of the
annual value:
Provided that as regards any premises within
the St. Joseph and Tunapuna Distribution Area,
as described in the First Schedule to the Central
Water Works Ordinance, 1935 (No. 15 of 1935),
in respect of which General District Water Rate
was leviable immediately before the 1st of June,
1935, under the District Waterworks Ordinance
(Cap. 114—1925), the General Water Rate shall
be 7 per cent of the annual value.
(b) In respect of premises the annual value of which
is less than $24.00 and in respect of every barrack
room—96 cents per annum.
*This Ordinance was repealed by the Water and Sewerage Authority Act, but the Resolution was
saved by paragraph 22 of the Fourth Schedule to that Act.

[Subsidiary] Resolution
WATER SERVICE RATE

In respect of premises in all Distribution Areas including
any new Distribution Areas or any extensions of Distribution
Areas proclaimed during the year 1958—21/2 per cent of the annual
value:
Provided that, in respect of premises in the
d’Abadie-Tacarigua Distribution Area which
were liable to the General District Water Rate
under the District Waterworks Ordinance
(Cap. 114–1925), immediately before the
1st June, 1935, the rate shall be 31/2 per cent of
the annual value.
UNOFFICIAL VERSION

[Subsidiary]
PREVENTION OF WATER POLLUTION 61/1973.
(COURLAND WATER WORKS) BYE-LAWS

1. These Bye-laws may be cited as the Prevention of Citation.

Water Pollution (Courland Water Works) Bye-laws.
2. No person shall in the areas specified in the Schedule Restriction on

mining in
engage in mining, quarrying or any other works which may result specified areas.
in earth, sand, debris or any other waste material entering the
Courland River.
3. Any person who contravenes the provision of bye-law 2 Penalty.

is liable on summary conviction to a fine not exceeding fifty dollars
and in the case of a continuing offence to a further fine of forty
dollars per day for each day during which the offence continues
after conviction therefor.
SCHEDULE
The areas referred to in bye-law 2 are—
Adventure, Courland and Plymouth from a point commencing

1,000 feet upstream of the bridge on the Plymouth Road which
spans the Courland River and enclosed by the contour at 50 feet
above Mean Sea Level as shown in the plan bearing Ref:
Sheet 1 C—Scale 1:10000 and adjoining Sheet 2 G—Scale
1:10000, deposited at the Lands and Surveys Division of the
Ministry of Agriculture, Lands and Fisheries.

[Subsidiary]
91/1977. PREVENTION OF WATER POLLUTION

(QUARE RIVER, VALENCIA) BYE-LAWS
Citation. 1. These Bye-laws may be cited as the Prevention of

Water Pollution (Quare River, Valencia) Bye-laws.
Restriction on 2. No persons shall in the areas specified in the Schedule—
bathing, fishing,
etc. (a) bathe;
Schedule.
(b) fish;
(c) wash;
(d) throw or discharge any dirt, filth, or any noxious
or fetid matter of any description whatsoever;
(e) quarry, dig or engage in any other work which
may result in earth, sand, debris or any other waste
material entering the Quare River.
Penalty. 3. Any person who contravenes the provision of bye-law 2
is liable on summary conviction to a fine not exceeding twenty-
five dollars and in the case of a continuing offence to a further fine
of one hundred dollars for each day during which the offence
SCHEDULE
The area referred to in bye-law 2 is all that area bounded

as follows:
Co-ordinate No. 1179000 MN starting at a point
1179000 MN and going West along co-ordinate
698000 ME
1189000 MN to a point 1179000 MN then
696000 ME
North along co-ordinate 696000 ME to a point
696000 ME then East along 1183000 MN to a point
1183000 MN
1183000 MN then South along co-ordinate
698000 ME
698000 ME to starting point as shown in the plan bearing
Ref: Sheet 15—Scale 1:25000, deposited at the Lands and Surveys Division of
the Ministry of Agriculture, Lands and Fisheries.
UNOFFICIAL VERSION

[Subsidiary]
PUBLIC STANDPIPE REGULATIONS 67/1977.
made under section 56
1. These Regulations may be cited as the Public Citation.

Standpipe Regulations.
2. No person shall bathe or wash any clothes, animals or Restriction on

bathing or
vehicles in any street or public place within a distance of thirty washing clothes
or animals.
feet from a public standpipe.
3. No person shall— Restriction on

flow of and
(a) turn on any tap or stopcock so as to cause water obtaining water
from public
to flow from a public standpipe unless the water standpipe.
is received in a suitable receptacle or is needed
for the immediate personal use of an individual;
(b) allow or cause water to flow from a public
standpipe into a receptacle which is overflowing
or which is at the same time being emptied of
its contents;
(c) obtain water from a public standpipe—
(i) by means of anything connected
thereto; or
(ii) except by operating the mechanism of the
tap or stopcock fitted to the standpipe.
4. No person shall sell or otherwise dispose of for gain or Prohibition

against sale
reward any water obtained from a public standpipe. of water.
5. No person shall wilfully or negligently damage or injure Prohibition

against wilfully
or cause to be damaged or injured the mechanism of the tap or or negligently
damaging or
stopcock fitted to a public standpipe. injuring tap
or stopcock.
6. A person who contravenes any of the provisions of these Penalty for
contravening
Regulations is liable on summary conviction to a fine not exceeding Regulations.
fifty dollars.

[Subsidiary]
127/1965. WATER AND SEWERAGE AUTHORITY

(SEPARATE SEWERAGE AREAS) ORDER
Citation. 1. This order may be cited as the Water and Sewerage

Authority (Separate Sewerage Areas) Order.
Separate 2. The areas which are delineated in the Schedule shall be

sewerage areas.
separate sewerage areas within the meaning of section 65 of the
Act for the purpose of operating the sewerage works constructed
in such areas, as well as the existing sewerage system, in accordance
with the provisions of the Act, notwithstanding that there remains
to be completed sewerage works in any other area.
SCHEDULE
(i) The Port-of-Spain Sewerage Area

All that area bounded as follows:
Co-ordinate N,320,000, starting at a point given by
co-ordinate N,320,000 and going East to a point
E,196,000
N,320,000; proceeding South to a point
E,210,000
N,313,200 ; then turning East to a point N,313,200
E,210,000 E,230,000
again going South to a point N,295,000 ; and East
E,230,000
again to a point N,295,000; then due South along
E,267,000
co-ordinate E,267,000 to a point N,278,800; then
E,267,000
Westwards along co-ordinate N,278,800 to its
intersection with the bank of the Caroni River; then
more or less in a westerly direction along the Caroni
River to its intersection with the Sea Coast and
continuing along the Sea Coast to its intersection with
co-ordinate E,196,000 ; then going North along
co-ordinate E,196,000 to starting point.
The general description of the area delineated above
includes built up areas known as Diego Martin,
UNOFFICIAL VERSION

Water and Sewerage Authority (Separate Sewerage Areas) Order [Subsidiary]
Bayshore, Point Cumana, Goodwood Park, Long

Circular Road, Maraval, St. Ann’s, Cascade, the City
of Port-of-Spain and communities bordering the
Eastern Main Road as far East as Tunapuna;
(ii) The San Fernando Sewerage Area
Co-ordinate N,162,000 starting at a point where
co-ordinate N,162,000 intersects the Sea Coast and
going East along co-ordinate N,162,000 to a point
N,162,000; proceeding South along co-ordinate
E,246,200
246,200 to its intersection with the Cipero River then
turning West along the Cipero River to its intersection
with the Sea Coast ; now North along the Sea Coast to
starting point.
includes built-up areas of the City of San Fernando and
Pleasantville;
(iii) The Arima Sewerage Areas
Co-ordinate N,289,200 starting at a point given by
co-ordinate N,289,200 and going East to a point
E,297,000
N,289,200; proceeding South along co-ordinate
E,306,000
E,306,000 to its intersection with Churchill-Roosevelt
Highway then turning West along Churchill-Roosevelt
Highway to its intersection with co-ordinate
E,297,000; now North along co-ordinate E,297,000;
to starting point.
includes the built-up areas of the Borough of Arima
and the Industrial Estate to the South of the Borough
of Arima as far as the Churchill-Roosevelt Highway.
3. The Sewerage Areas which are described in the above Separate

sewerage plan
Schedule are delineated on separate plans numbered 1/3-20, and deposited at
1/2-46 dated 30th November 1965 and 1/1-127 dated 1st December W.A.S.A.
1965 respectively, which have been deposited at the Headquarters

of the Water and Sewerage Authority at Valsayn, St. Joseph, and
all co-ordinates referred to in the said Schedule are in feet based
on the existing National Grid System (Cassini).

[Subsidiary]

Citation. 1. This Order may be cited as the Water and Sewerage

Separate 2. The area which is delineated in the Schedule shall be a
sewerage areas.
separate sewerage area within the meaning of section 65 of the
Act for the purpose of operating the sewerage works constructed
in such an area, as well as the existing sewerage system in
accordance with the provisions of the Act, notwithstanding that
there remains to be completed sewerage works in any other area.
SCHEDULE
THE TRINCITY SEWERAGE AREA

Co-ordinate N,295,000 starting at a point given by
co-ordinate N,295,000 and proceeding South along
E,267,000
co-ordinate E,267,000 to a point given by co-ordinate
N,278,800 then turning East along co-ordinate
E,267,000
N,278,000 to its intersection with the Churchill-Roosevelt
Highway to its intersection with co-ordinate E, 297,000; then
turning North along co-ordinate N,295,000 then turning
E,297,000
West along co-ordinate N,295,000 to the starting point. The
general description of the area delineated above includes the
built-up areas of Trincity, Arouca, Tacarigua and d’ Abadie.
Separate 3. The Sewerage Area which is described in the above

sewerage plan
deposited at Schedule is delineated on a separate plan numbered 9/4/-136, dated
W.A.S.A. the 22nd March 1971, and which has been deposited at the
Headquarters of the Water and Sewerage Authority at Valsayn,
St. Joseph, and all co-ordinates referred to in the said Schedule are
in fact based on the existing National Grid system. (Cassini).
UNOFFICIAL VERSION

[Subsidiary]
WATER AND SEWERAGE AUTHORITY 97/1987.

1. This Order may be cited as the Water and Sewerage Citation.

2. This Order shall come into operation on the 1st day of Commencement.
June 1987.
3. The areas set out in the Schedule are hereby declared to Separate
sewerage areas.
be separate sewerage areas for the purposes of section 65 of the
Water and Sewerage Act. Ch. 54:40
SCHEDULE
1. The Port-of-Spain Sewerage Area. 127/1965.
2. The San Fernando Sewerage Area. 127/1965.
3. The Arima Sewerage Area. 127/1965.
112/1974.
4. The Trincity Sewerage Area.
5. The entire country of Trinidad and Tobago excluding the Port-of-Spain,
San Fernando, Arima and Trincity Sewerage Areas.

[Subsidiary]

(TAX EXEMPTION) ORDER
Citation. 1. This Order may be cited as the Water and Sewerage

Authority (Tax Exemption) Order.
Exemptions. 2. The Water and Sewerage Authority is wholly exempt from

the payment of stamp duty, Customs duty and corporation tax.
UNOFFICIAL VERSION

Water and Sewerage Act

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LAWS OF TRINIDAD AND TOBAGO

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

WATER AND SEWERAGE ACT

*See Note on Amendment at page 2

Current Authorised Pages

UNOFFICIAL VERSION L.R.O.

UPDATED TO DECEMBER 31ST 2012

Index of Subsidiary Legislation

Note on Part II—Staff (page 20)

UPDATED TO DECEMBER 31ST 2012

WATER AND SEWERAGE ACT

THE WATER AND SEWERAGE AUTHORITY

3. Establishment and incorporation of Authority.

5. Procedure and meetings of the Authority.

GENERAL FUNCTIONS, POWERS AND DUTIES OF THE AUTHORITY

9. General functions, duties and powers.

VESTING OF PROPERTY IN THE AUTHORITY

11. Assets and liabilities of the Authority.

12. Remuneration of Commissioners.

UNOFFICIAL VERSION L.R.O.

UPDATED TO DECEMBER 31ST 2012

16. Act to be administered as a whole.

LOCAL AUTHORITIES AS AGENTS OF AUTHORITY

UPDATED TO DECEMBER 31ST 2012

39. Compensation for Waterworks.

CONSERVATION AND PROTECTION OF WATER RESOURCES

ACQUISITION OF WATER RIGHTS

MISCELLANEOUS AND GENERAL

UNOFFICIAL VERSION L.R.O.

UPDATED TO DECEMBER 31ST 2012

61. Interpretation of Part IV.

RESPONSIBILITY FOR SEWERAGE, SANITATION AND

62. Responsibility of Authority for sewerage.

CONSTRUCTION AND OPERATION OF SEWERAGE WORKS

64. Authority may cause sewerage works to be constructed.

PAYMENT FOR CERTAIN WORKS

67. Payment of cost of house sewers and collecting sewers.

MISCELLANEOUS AND GENERAL

70. Application of Third and Fifth Schedules to Authority.

GENERAL AND MISCELLANEOUS

71. Power of Authority to acquire land compulsorily.

UPDATED TO DECEMBER 31ST 2012

MISCELLANEOUS POWERS AND DUTIES OF THE AUTHORITY

LIABILITY FOR AND RECOVERY OF WATER RATES AND

PROVISIONS AS TO RECOVERY OF EXPENSES, ETC.

UNOFFICIAL VERSION L.R.O.

UPDATED TO DECEMBER 31ST 2012

WATER AND SEWERAGE ACT

16 of 1965. An Act to provide for the development and control of

UPDATED TO DECEMBER 31ST 2012

“existing sewerage system” means the sewerage system that,

UNOFFICIAL VERSION L.R.O.

UPDATED TO DECEMBER 31ST 2012

commencement of this Act, the Authority, and contractors

UPDATED TO DECEMBER 31ST 2012

or intended to be used for or in connection with the supply

THE WATER AND SEWERAGE AUTHORITY

3. (1) An Authority is hereby established for the purposes Establishment

more than nine persons, to be designated Commissioners, appointed