ARRANGEMENT OF SECTIONS

PART I
Preliminary

SECTION

1.        Short title

2.        Interpretation

3.        Delegation of powers

4.        Waterworks area

5.        Appointment of Water Authority

PART II
Duties and Powers of Water Authority

6.        Water Authority to acquire rights to water and to construct and manage works for supplying water

7.        Acquisition of existing waterworks

8.        Duty of owner as to carrying on undertaking until date of acquisition

9.        Information to be given, etc.

10.        Minister may authorize entry of waterworks, etc.

11.        Compensation, determination of disputes, etc.

12.        How compensation to be paid

13.        Power of Water Authority to lay waterworks in public places

14.        Power of Water Authority on private land

15.        Power of Water Authority to enter premises for inspection and to supervise proper use of water service

16.        Power of Water Authority to curtail or withhold supply of water

17.        Water Authority may prohibit use of water for specific purposes

PART III
Supply of Water by Water Authority

18.        Power of Water Authority to supply water to premises

19.        Manner of assessing charges for water supplied

20.        Water Authority may prescribe charges, etc.

21.        Power to authorize supply of water outside defined area

PART IV
Offences and Supplementary

22.        Injury, diversion, pollution

23.        Misuse or waste of water

24.        Altering service

25.        Fraudulent measurement

26.        Water used other than for purpose supplied

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

28.        Supply of water by certain persons prohibited

29.        Accumulations likely to enter waterworks

30.        Bathing, washing in waterworks

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

32.        Regulations

Law 26, 1961,
Law 3, 1962,
G.N. 74, 1962,
HMC Order 1, 1963,
L.N. 84, 1966,
Act 54, 1969,
Act 56, 1970,
Act 70, 1970,
Act 16, 1983.

An Act to provide for the constitution of water authorities in townships, to confer certain duties and powers upon such water authorities, to provide for the acquisition of existing waterworks and to provide for matters incidental thereto.

[Date of Commencement: 5th March, 1962]

1.       Short title

            This Act may be cited as the Waterworks Act.

2.       Interpretation

            In this Act, unless the context otherwise requires-

            "date of acquisition" means the appointed date for the acquisition of an undertaking in terms of section 7(1);

            "land" does not include buildings or land underneath buildings;

            "meter" means an apparatus for measuring water and any meter box, meter box cover and indicator marking the position and size of such meter;

            "occupier" means any person in occupation of the premises or any part of the premises in connection with which the word is used;

            "owner" means the person for the time being receiving the 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 the person who would receive the rent if the premises were let to a tenant;

            "premises" includes land, buildings and structures;

            "service" means all pipes, cisterns, cocks, fittings and other appliances (excepting any meter as herein defined) through which water flows or is intended to flow from the waterworks or which are or may be used for the purpose of supplying any premises from the waterworks;

            "undertaking" means any business for the supply of water to the public;

            "Water Authority" means, in relation to any waterworks area, the authority appointed under section 5 in respect of that waterworks area;

            "waterworks" means reservoirs, dams, weirs, tanks, cisterns, tunnels, adits, wells, boreholes, filters, settling tanks, purifying plants, conduits, aqueducts, mains, pipes, foundations, stand-pipes, hydrants, taps, pumps, engines and all other structures and appliances for obtaining, storing, purifying, conveying, distributing, measuring or regulating water;

            "waterworks area" means an area declared as a waterworks area and defined under section 4.

3.       Delegation of powers

            All or any of the powers and duties conferred or imposed on a Water Authority under this Act may, subject to the Water Authority's control, be exercised and performed by the officers, servants and agents thereof, and all references in this Act to a Water Authority shall be construed accordingly.

4.       Waterworks area

            The Minister may, by statutory instrument, declare any area in which an undertaking exists or in which he considers that a public water supply should be established to be a waterworks area for the purposes of this Act and shall define the boundaries of such area.

5.       Appointment of Water Authority

            The Minister shall by notice published in the Gazette appoint a Water Authority for every waterworks area.