Freeport (Water Preservation) Bye-laws

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1967/1967-0054/FreeportWaterPreservationBye-laws_1.pdf
Published: 1967-10-05

Freeport (Water Preservation) Bye-laws
FREEPORT BYE-LAWS [CH.29 – 11


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

FREEPORT (WATER PRESERVATION) BYE-LAWS

(SECTION 5)
[Commencement 5th October, 1967]

1. These Bye-laws may be cited as the Freeport
(Water Preservation) Bye-laws.

2. In these Bye-laws, unless the context otherwise
requires —

“the Act” means the Freeport Bye-laws Act;
“authorised supplier” means the Company and any

person who is authorised to provide a public
water supply within any specified area of the
Port Area by virtue of —
(a) any grant of land made by the Port

Authority or the Grand Bahama Develop-
ment Company Limited; or

(b) any permit issued by the Company under
the provisions of bye-law 8 hereof;

“the Company” means the Grand Bahama Utility
Company Limited being a licensee of the Port
Authority empowered to supply water to the
public in the Port Area;

“health officer” means any member of the Health
Department authorised by the Minister for
Health to act as a health officer and includes a
commissioner so authorised;

“installation” includes any well, pipe, reservoir,
pump, purifying plant, or any machinery or
buildings required or used in connection with a
public water supply;

“private water supply” means the supply of water
which with the prior permission of the Port
Authority under section 4(1) of the Act is
obtained from a well or wells serving premises
designed and used only for residential purposes
by a single family;

“public water supply” means any supply of water
which is not a private water supply;

S.I. 54/1967

Title.

Interpretation.

CH.29 – 12] FREEPORT BYE-LAWS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

“waste water” means liquid (including sewage) other
than natural surface water or water that is fit for
domestic purposes.

PART I
WELLS AND PERMITS

3. Any person (not being an authorised supplier)
who wishes to obtain permission under the provisions of
section 4(1) of the Act for the purpose of abstracting
underground water or additional quantities thereof shall make
application in writing to the Company on a printed form to be
obtained from the offices of the said Company and shall
supply the information prescribed in the said form.

4. (1) Where in the exercise of its discretion the
Port Authority decides to grant permission under the
provisions of section 4(1) of the Act the Company shall
convey such permission in writing by the issue to the
applicant of a document to be known as a “well permit”
which shall be signed on behalf of the Port Authority by a duly
authorised officer of the Company.

(2) Every well permit shall be valid for such period
from the date of issue thereof as may be specified therein
(not being a period exceeding five years) and shall be
subject to such conditions respecting the mode of
construction and method of maintenance of the well as
may be stated in the permit.

(3) Any well permit granted in pursuance of the
provisions of this bye-law may be extended from time to
time by endorsement thereon for such periods as may be
specified not exceeding five years and shall be subject to
the same or such other conditions as may be stated therein.

(4) Where the Port Authority refuses to issue a
permit under the provisions of this bye-law, the applicant
may within thirty days of receiving a notification to that
effect, appeal against such refusal to the Stipendiary and Circuit
Magistrate.

5. No well permit shall be issued for the construction
or enlargement of any well —

(a) to any person for a private water supply in any
area where a public water supply is available; or

(b) of greater depth than fifteen feet below sea level
datum.

Application for
well permits.

Grant of well
permits.

Limitation on the
grant of well
permits.

FREEPORT BYE-LAWS [CH.29 – 13


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

6. (1) Where any well permit is granted subject to any
conditions stated therein, any breach of any such condition
shall render the permit invalid.

(2) Where any well permit is granted to any person
for the purposes of a private water supply, such permit shall
cease to be valid upon such date as a public water supply
becomes available within the area to which such well
permit relates.

7. Where any well is abandoned or the well permit
relating to such well ceases for any reason to be valid, the
owner of the land upon which such well as situated shall
forthwith cause the well to be plugged and sealed in such
manner as to close the same effectively for the purposes of
preventing pollution of the subsoil water.

PART II
PUBLIC SUPPLIES OF WATER

8. (1) Where any person not being otherwise empow-
ered to provide a public water supply wishes to obtain a permit
from the Company as an authorised supplier within any area
of the Port Area, he shall make application to the Company
on a printed form to be obtained from the offices of the said
Company and shall supply the information prescribed in the
said form.

(2) Where in the exercise of its discretion the
Company decides to grant such application the Company
shall issue to the applicant a permit authorising him to
provide a public water supply within such area of the Port
Area as may be specified therein and subject to such
conditions as may be stated in the permit.

(3) Where the Company refuses to issue a permit
under the provisions of this bye-law, the applicant may
within thirty days of receiving a notification to that effect,
appeal against such refusal to the Stipendiary and Circuit
Magistrate.

(4) No person other than an authorised supplier shall
provide a public supply of water within the Port Area.

9. (1) Before commencing the construction of a
public water supply or any extension or modification thereof
an authorised supplier shall submit to the Company detailed
plans of the proposed installation, or any proposed


Revocation of
well permits.

Sealing of wells,
etc.

Permit to provide
public water
supplies.

Control over
authorised
suppliers.

CH.29 – 14] FREEPORT BYE-LAWS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

extension or modification of an existing installation. Such
plans shall be designed by a person whom the Port
Authority shall deem to be qualified having regard to the
nature of such installation and shall conform with such
requirements as to standards of practice and materials to be
used as may be determined by the Port Authority.

(2) No authorised supplier shall construct an
installation for a public water supply or any extension or
modification thereof unless and until the detailed plans
therefor have been approved in writing by the Port
Authority.

(3) An authorised supplier shall not commence to
provide a public supply of water until his installation (or
any extension or modification thereof as the case may be)
has been examined and approved by the Company as being
in conformity with the approved detailed plans therefor.

(4) Any applicant who is aggrieved by a decision
of the Port Authority or of the Company in respect of any
of the matters referred to in paragraphs (1), (2) or (3) of
this bye-law may, within thirty days of being notified of
that decision, lodge an appeal with the Minister for Works
who, after taking into consideration any written submis-
sions of the parties, shall determine the matter.

(5) The plans for any proposed installation or any
proposed extension or modification of a public water
supply shall include details of the proposed location,
design and construction of any well, bore-hole or other
work intended to be used for the purpose of extracting
underground water or additional quantities thereof and
upon any such plan being approved under the provisions of
paragraph (2) of this bye-law, the authorised supplier shall
be deemed to have obtained the permission of the Port
Authority for such well, bore-hole or other work in
compliance with section 4(1) of the Act.

(6) The requirements of this bye-law shall not apply
to any installation or any extension or modification thereof
which was constructed or was in course of construction on
the data that these Bye-laws came into operation.

10. (1) Where in any case the Company deems it
necessary in the public interest to do so, the Company shall
by notice in writing require any authorised supplier to
employ sufficient responsible personnel for the proper
operation and supervision of his installation and he shall


Provision of
personnel

FREEPORT BYE-LAWS [CH.29 – 15


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

satisfy the Company that at least one of the persons so
employed has had previous experience in the operation and
supervision of such an installation.

(2) No person who is suffering from typhoid fever,
paratyphoid or any other salmonella infection or dysentery
or who knows himself to be a carrier of any such disease
shall in any manner engage in the operation of any
installation which supplies domestic water to members of
the public.

11. It shall be the duty of every authorised supplier
to maintain his installation free from pollution and in good
working order and to permit any health officer or duly
authorised officer of the Company to inspect such
installation or any specified part thereof at any time after
due notice in writing shall have been served upon him.

12. (1) It shall be the duty of an authorised supplier
to exercise all reasonable care and skill to ensure that any
water supplied by him for domestic purposes is wholesome
according to the relevant provisions of the International
Standards for Drinking Water for the time being
prescribed by the World Health Organisation.

(2) It shall be the duty of an authorised supplier to
notify a health officer and the Company and to warn
consumers without delay should he have any reason to
apprehend that any such water has developed any proper-
ties which may be potentially dangerous to health.

13. (1) It shall be the duty of any authorised supplier at
such periodical intervals as shall be determined by the
Company, to submit for analysis and report (at the expense of
the authorised supplier) to such independent authority as the
Company may specify samples of water supplied by such
supplier to consumers for domestic purposes. The report of any
such analysis shall be transmitted to the Company as soon as it
becomes available.

(2) Where any health officer has reasonable cause to
suspect that any water supplied by an authorised supplier to
consumers for domestic purposes may have become
polluted, he shall have the right to obtain and take away
samples of such water and to cause the same to be
analysed. Any person who wilfully obstructs a health
officer exercising his right to obtain and take away samples
by virtue of this paragraph of this Bye-law shall be guilty
of an offence.

Proper
maintenance of
installation.

General duty of
authorised
suppliers.

Periodical
sampling.

CH.29 – 16] FREEPORT BYE-LAWS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

PART III
FURTHER PROVISIONS TO PREVENT

WASTE OR POLLUTION
14. No person shall wilfully or negligently —
(a) cause or allow any underground water to run to

waste from any well, bore-hole or other work
except for the purpose of testing the extent or
quality of the supply or of cleaning, sterilising,
examining or repairing the well, bore-hole or
other work; or

(b) abstract from any well, bore-hole or other work
water in excess of his reasonable requirements:

Provided that no person shall be entitled to abstract in
any period of twenty-four hours from all such wells, bore-
holes or other works for which he holds a valid permit or
permits more than eight hundred and fifty imperial gallons
of water in the aggregate for every acre of land in the Port
Area of which he is the owner or occupier, or where he
owns or is the occupier of less than one acre, such lesser
quantity of water as represents the same proportion of eight
hundred and fifty imperial gallons as the area he
owns or occupies bears to one acre.

15. If the owner or occupier of any premises wilfully
or negligently causes or suffers any water fitting which he
is liable to maintain —

(a) to be or to remain so out of order or so in need of
repair; or

(b) to be or remain so constructed or adapted or to be
so used, that the water supply to those premises is
or is likely to be wasted, misused or unduly
consumed or polluted before use, he shall be
guilty of an offence.

16. (1) If the Company is of the opinion that a serious
deficiency of water available for distribution in any part of
the Port Area exists or is threatened, the Company may for
such period as it thinks necessary prohibit or restrict the use
of water for any purpose or purposes specified by the
Company.

(2) The Company shall before the prohibition or
restriction comes into force give public notice in a


Conservation of
underground
water.

Waste of water
by householders.

Power to prohibit
or restrict
temporarily use
of water.

FREEPORT BYE-LAWS [CH.29 – 17


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

newspaper circulating within the Port Area of the nature
or extent of the prohibition or restriction imposed and of
the date when it will come into force.

(3) Any person who whilst the prohibition or
restriction is in force, does any act which contravenes
any of its provisions shall in respect of each such act be
guilty of an offence.

17. Any person who by any act or omission causes
water from any well which is used or likely to be used for
human consumption or for domestic purposes or manu-
facturing food or drink for human consumption to be
polluted or likely to be polluted shall be guilty of an
offence.

18. (1) Where a health officer or the Company has
reasonable cause to believe that water provided by a public
or private water supply for domestic purposes is polluted, it
shall be lawful for such officer or the Company, as the case
may be, by notice in writing served upon the person
responsible for such supply to require such person to cease
supplying such water to consumers until such steps have
been taken as may be prescribed by such notice for the
effective sterilisation of the water.

(2) Any person who fails to comply with the
requirements of any such notice as is mentioned in
paragraph (1) of this bye-law shall be guilty of an offence.

19. No person shall deposit and no occupier of any
parcel of land within the Post Area shall permit or suffer
the deposit thereon of any human or animal excrement,
garbage, offal, refuse, spoilage, effluent, chemical or other
offensive or noxious matter whereby any subsoil water
would be likely to become polluted.

20. It shall be the duty of every owner of any parcel
of land within the Port Area to ensure that any waste water
occurring within such parcel is disposed of either —

(a) through a drainage well which is constructed
and maintained in such a manner as may be
prescribed by the Freeport Building and Sanitary
Code for the time being in force; or

(b) where the Port Authority so approves, into an
arm of the sea.

Pollution of
water used for
human
consumption.

Interruption of
supply due to
pollution.

Deposit of
noxious matter.

Disposal of waste
water.

CH.29 – 18] FREEPORT BYE-LAWS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

21. Where within any parcel of land in the Port
Area waste water is disposed of by means of a treatment
plant, it shall be the duty of the owner of such parcel to
ensure that such treatment plant is maintained and
operated in accordance with such standards as may be
prescribed from time to time by the Port Authority and
that any records and tests that may be demanded by the Port
Authority are punctually and accurately carried out.

PART IV
GENERAL

22. A health officer or an authorised officer of the
Company may during the hours of daylight on producing if
required evidence of his authority, enter upon any premises
within the Port Area in order to examine if there be any
waste or misuse or pollution of water and if after
production of his authority he is refused admission to the
premises or is obstructed in making his examination, the
person refusing him admittance or so obstructing him shall
be guilty of an offence.

23. Any person who contravenes or fails to comply
with any of the provisions of these Bye-laws shall be guilty
of an offence against the Act and shall be liable on
summary conviction to a fine not exceeding one hundred
and forty Bahamian dollars (B$140.00) or imprisonment
for a period not exceeding three months.

FREEPORT (MARINA AND INLAND WATERWAYS)
BYE-LAWS

(SECTION 8)
[Commencement 25th April, 1968]

1. These Bye-laws may be cited as the Freeport
(Marina and Inland Waterways) Bye-laws.

2. In these Bye-laws, unless the context otherwise
requires —

“dock master” means any person appointed by the
Port Authority or any lessee thereof to be in


Maintenance of
waste water
treatment plant.

Entry upon
premises.

Offences.

S.I. 37/1968

Title.

Interpretation.
Read Entire Law on laws.bahamas.gov.bs