Water Supply Regulations 1963
Water Supply Regulations 1963 Regulation 1





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WATER SUPPLY REGULATIONS 1963

G.S. 47/63, G.S. 31/84

PUBLIC HEALTH ACT 1992

Commencement [9th October, 1963]

1. These Regulations may be cited as the Water Supply Regulations 1963.

2. The Town Officer of every village in the Kingdom shall take steps to organize
and form a committee by popular vote of all Tongans over the age of 21 years in
the village for the purpose of assisting the village water scheme and to carry out
all the necessary work to provide water, particularly for the functions and
activities in relation to the health of the people of the village and the village
schools.(Substituted by G.S. 31/84.)

3. The Committee shall consist of 10 men and the Town Officer, who shall be the
chairman, making 11 members in all.

4. The Committee shall at the first meeting elect a secretary and treasurer.

5. The objects of the Committee shall be —
(a) to provide voluntary labour and all assistance possible to help in the

provisions of water and sanitation for the village;

Regulation 6 Water Supply Regulations 1963





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(b) to raise money by voluntary subscription in support of a joint fund
with the Government for the purpose of defraying the cost of the
water works;

(c) to do all things as may be suggested and required to be done by the
staff of the Schools Sanitation and Water Project.

6. The amount of money required to be paid monthly by each village water
consumer shall be calculated by the village committee.(Substituted by G.S.
31/84.)

7. All persons living in any village in the Kingdom shall be bound by the by-laws
set out in the schedule in respect of the water works of their own
village.(Substituted by G.S. 31/84.)



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SCHEDULE

BY-LAWS

1 Definitions
In these by-laws unless the context otherwise requires —

“building supply” means a supply of water used for the purpose of
building or construction work whether public or private;

“communication” or “connection pipe” means so much of the service
pipe which lies between the main and the stop-cock and shall include the
stop-cock;

“cost of service connection” means the cost of labour, materials,
transportation, equipment, road repair, and charges deemed necessary by
the Village Committee for complete installation of a service connection to
a premises;

“fire service” includes any pipes and fittings used for the sole purpose of
supplying water to premises to combat fire;

“fittings” includes all taps, stop-cocks, ball-cocks, valves, cold water
cisterns, hot water apparatus, flushing apparatus or appliances used on a
service connected with the supply of water, its storage, control or
distribution, but excluding the meter used in measuring consumption by
premises for purposes of records or assessment of amounts to be paid by a
consumer;

“main” or “main pipe” means any pipe maintained by the Village
Committee for the distribution of water, and to which service connections
are made;

“meter” means any apparatus for measuring the flow of water and
includes the meter box or meter box cover;

“owner” means the person liable for the fee for water service in premises,
or in relation to a communal supply the member nominated by the
residents of a community as owner for the purposes of the supply of
water;

“premises” includes any structure, building or part of a building, or land
without buildings;

“public standpipe” includes any fountains, standpipe, taps or appliances
supplied and maintained by the Village Committee for the purpose of
supplying water to the public;

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“service” means that part of the pipe line from the main to the premises;

“trade supply” means the supply of water to premises used for trade,
business, and Government Departments;

“Village Committee” means a body created in accordance with the Water
Supply Regulations;

“waterworks” means all the parts of a water supply system and includes
catchment areas, buildings, machinery, mechanical appliances, engines,
reservoirs, tanks, meters, fountains, sluices, valves, pumps, prime movers,
and all other structures or appliances used or constructed for the storage,
conveyance, distribution, control or measurement of water, needed to
carry into effect the objectives of these regulations and which are or may
become hereafter the property of the village or the Government.

2 Water Superintendent
The Village Committee shall elect among their members or from residents of the
village a Water Superintendent who shall have charge of the custody and
administration of the Waterworks and of the water therein and the management
of the supply and the distribution of the water subject to the direction of the
Village Committee.

3 Superintendent may disconnect services
The Water Superintendent may disconnect from the waterworks the service to
any premises without prejudice to any water charges, meter rent or other sums
due or to become due —

(a) unless the owner within 30 days from the date of service of written
notice in that behalf or such extended time as the Village
Committee may allow, makes satisfactory arrangements to pay the
amount due for charges for water in accordance with these by-laws;

(b) if default is made by the owner of the premises in the payment of
any deposit which the Water Superintendent may require or of any
moneys due under these by-laws for so long as the default
continues;

(c) if the construction, alteration or repair of any inside service is not
carried out to the satisfaction of the Water Superintendent in
accordance with these by-laws, or if the construction, alteration or
repair of any inside service is carried out without the approval of
the Water Superintendent;

(d) if water supplied from the waterworks through the service to the
premises is being wilfully or negligently wasted; or

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(e) if any act or thing is done or omitted contrary to the provisions of
these by-laws in relation to any damage, alteration, pollution or
abuse of the waterworks or of any service or fire service.

4 Power of Entry into Premises
The Water Superintendent or any person duly authorized by him at any
reasonable time between 6 a.m. and 6 p.m. may enter into and upon any
premises into or upon which any service has been laid for the supply of water
from the waterworks, for the following purposes —

(a) to inspect any service and to ascertain whether there is any waste,
leakage, obstruction, alteration, interference or damage to any
service or meter therein and anything in connection therewith;

(b) to regulate or repair any service or meter;
(c) to ascertain the consumption; or
(d) to disconnect the service to any premises or to diminish, withhold

or suspend, stop, turn off or divert the supply of water to any
premises through or by means of any service either wholly or
in part.

5 Power to restrict, suspend etc. the supply of water
The Water Superintendent may restrict, diminish, withhold or suspend, stop, turn
off or divert the supply of water through or by means of any main, service or
public standpipe, either wholly or in part, and without prejudice to any water
charges, meter rent or other sums due or to become due, and without
compensation for any damage or loss which may result —

(a) whenever the available supply of water from the waterworks shall
in the opinion of the Water Superintendent be insufficient;

(b) whenever it may be expedient or necessary for the purposes of
extending, altering, testing or repairing the waterworks or for the
purpose of the connection of services or fire services;

(c) whenever any public standpipe is damaged or the waters thereof are
polluted or wasted;

(d) in the case of an outbreak of fire; or
(e) in case of a breakdown in the waterworks.

SCHEDULE Water Supply Regulations 1963




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6 Service Connections
(1) All pipes, fittings, and any other apparatus required by domestic, trade or

institutional premises and which will carry water supplied by the Village
Committee shall meet the specifications of the Village Committee.

Installation

(2) When the application for a service connection has been approved, such
connection shall be installed by the Village Committee at the expense of
the applicant and thereafter will be maintained by the Village Committee
at its expense.

Deposit

(3) A deposit at least equal to the Village Committee's estimate of the cost of
the service connection shall be paid by the applicant before the connection
is installed.

Consumer's supply pipe

(4) The consumer shall install and connect at his expense his supply pipe to
the shut-off valve installed by the Village Committee. The consumer's
supply pipe shall at all times remain the sole property of the consumer,
who shall be responsible for its maintenance and repair.

Connection to main

(5) Only employees of the Village Committee or those authorized by the
Committee will be allowed to connect or disconnect the service
connection to or from the main, or any other pipe or conduit carrying
water.

Change in location or size of service connection

(6) When the proper size of service connection for any premises has been
determined and the installation has been made, the Village Committee
shall have fulfilled its obligations insofar as the size of the service and the
location thereof are concerned. If thereafter the consumer desires a change
in size of the service connection or a change in the location thereof, he
must apply to the Village Committee, and he shall bear all costs of such
change.

Shut-off Valve

(7) A readily accessible shut-off valve controlling all outlets shall be installed
by the Village Committee at the expense of the consumer on his supply
pipe at a location to be determined by the Committee. If a replacement of
the shut-off valve is necessary, it shall be paid for by the consumer.

Alteration to public water system

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(8) All work and materials in connection with the change in location or
elevation of any part of the existing public water system made necessary
by the new service connection shall be at the expense of the applicant.

7 Director of Health to inspect the works of the Committee
(1) The Director of Health may inspect at any time all records, and works of

the Village Committee in the interests of public health.

Request to replace equipment and materials

(2) The Director of Health in the interests of public health may request the
Village Committee to replace equipment and materials in use, to add
water treatment plants, and in general to request change in all procedures
and equipment of the Village Committee which in his opinion affects the
health of the public.

Non-compliance by the Committee with the Director of Health's
recommendation

(3) If the Water Superintendent or the Village Committee do not comply with
the recommendations of the Director of Health for the maintenance of the
standards for drinking water which the Director of Health considers vital
to the health of the public, then the Director of Health may refer the
matter to the Minister of Health.

(4) All plans for the extension of the system shall be submitted by the Village
Committee to the Director of Health for approval before work is begun
with a request to the Director of Health to return the plans to the Village
Committee with his written opinion within 2 weeks of receipt of the plans.

8 Penalties in respect of wrongful acts
Any person who wilfully, fraudulently or by culpable negligence injures or
permits to be injured any meter, fountain, pump, cock, valve, pipe, cistern,
reservoir, fence, water course or other part of the waterworks or alters the index
of any meter or prevents any meter from duly registering the quantity of water
supplied or fraudulently abstracts or uses water supplied by the Committee shall
(without prejudice to any other right or remedy for the protection of the
Committee or the punishment of the offender) for every such offence be liable to
a fine not exceeding $20.

9 Penalty for contaminating water supply
(1) A person who —

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(a) washes animals or any clothes, wool, leather or the skin of any
animal or any noisome or offensive thing or throws or casts any
dead animal or any filth or other noisome or offensive thing or who
bathes in any water in the waterworks,

(b) causes or suffers the water of any sewer or drain to run or be
conveyed into any water in the waterworks or into any water in a
catchment area,

(c) depastures livestock or permits any livestock to be in any catchment
area, or

(d) does any other thing whatsoever or permits any other thing
whatsoever to be done to the water in the waterworks or the water
in a catchment area whereby or by means whereof the water or any
part thereof is or may be fouled, corrupted or injured,

shall be guilty of an offence and shall be liable to a fine not exceeding
$100.

(2) For the purposes of this section water shall not be deemed to be fouled,
corrupted or injured by reason only of innocuous discolouration.

10 Wasting water etc.
A person who —

(a) opens or leaves open any cock, valve or any fountain or pump being
part of the machinery so that the water of or supplied from the
waterworks runs or may run to waste,

(b) wilfully and without consent of the Committee negligently
interferes with valves or other apparatus of the waterworks,

(c) without the consent of the Committee makes any alteration in a
service pipe or uses any pipe so altered,

(d) without the consent of the Village Committee supplies any water
from the water supplied to him to any person for use in other
premises, except where the supply is made in case of a fire or to a
person supplied by the Village Committee but temporarily unable,
through no default of his own, to obtain water,

(e) uses water for any purpose other than that for which the water is
supplied to him, or

(f) is found within an enclosure to any well site or reservoir forming
part of the waterworks without reasonable excuse,

shall be guilty of an offence and shall be liable to a fine not
exceeding $20.

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11 Waste Caused by Disrepair, etc.
A person who wilfully or negligently causes or suffers any water fitting to be or
remain so out of order or repair or to be so constructed or used that the water of
or from the waterworks is wasted or contaminated before use, or foul air or any
impure water is likely to return into any pipe shall be guilty of an offence and
shall be liable to a fine not exceeding $20. The Committee may require the
necessary works to be done and on default himself may carry them out and
recover the cost from the owner of the premises.

12 Onus of Proof
Any livestock found in any catchment area shall be deemed to be there under the
authority of the owner thereof unless the owner thereof proves the contrary, and
under the authority of the person, if any, actually in charge of such livestock.

13 Water Supply Mandatory
(1) A person residing within 200 metres from a water main shall draw water

from the waterworks for purposes of drinking, washing and cooking, and
from no other source unless authorized by the Director of Health and shall
make payment for the water as the Village Committee directs.

(2) All rain water cisterns are to be sealed, and all wells in such an area are to
be covered at the expense of the Committee, and for reasons of public
health no water shall be drawn from these or any other sources which the
Director of Health condemns as unsafe for human consumption

14 Water Rates
(1) The Village Committee may impose water rates from time to time to meet

financial costs and requirements of the water system.

Trade Industrial or Institutional

(2) The Village Committee may also charge special rates for consumers of
large quantities of water for trade, or industrial, or institutional premises.

15 Sales of water
No person or organization or association in the village, except the Village
Committee may sell water from either the waterworks or from any other source.

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16 Payment of bills.
All bills shall be due and payable upon presentation to the consumer. Payment
shall be made at the office of the Village Committee or, at the Village
Committee's option to duly authorized collectors. If any bills are not paid within
15 days after presentation the water service shall be subject to discontinuance
without further notice.

17 Discontinuation of water service
Water service may be discontinued for the following additional reasons —

Consumer about to vacate premises

(a) A consumer about to vacate any premises supplied with water by
the Village Committee shall give notice of his intention to vacate
prior thereto, specifying the date service is desired to be
discontinued, otherwise he shall be held responsible for all water
service furnished to such premises until the Village Committee has
received notice of discontinuance;

Unauthorized use of water
(b) The Village Committee may refuse or discontinue water service to

any premises if necessary, without giving notice, to protect itself
against fraud, abuse, or unauthorised use of water;

Wasteful use of water
(c) Where negligent or wasteful use of water exists on any premises,

the Village Committee may discontinue the service if such
conditions are not corrected within 5 days after giving the consumer
written notice of intention to do so;

Restoration of water service
(d) If water service is turned off because of failure to pay a bill, for

violation of any of the regulations, or for other reasons, all
outstanding accounts against the consumer shall be paid before
water service will be restored.

18 Damage and accessibility to Committee's Property
(1) Any damage to water mains, service connections, valves, fire hydrants, or

other parts of the waterworks shall be paid for by the person or
organization responsible for the damage.

(2) The consumer shall be liable for any damage to a meter or other
equipment or property of the Village Committee caused by the consumer
or his tenants, agents, employees, contractors, licensees or permittees, on
the consumer's premises; the Village Committee shall be promptly

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reimbursed by the consumer for any such damage upon demand. In
default of payment the Village Committee may discontinue water service
to the premises.

19 Consumer's pumping installations
(1) Consumers shall not be permitted to install or operate pumps, pumping

water directly from the main of the waterworks except in cases approved
in writing. No such approval shall be given in cases where it is the opinion
of the Village Committee that such an installation and the operation
thereof may adversely affect the water service extended to other
consumers.

(2) Approvals given by the Village Committee under this by-law will be
qualified by clauses making them revocable upon 90 days' notice during
which period the consumer, if he desires to continue the operation of the
pump, shall eliminate the objectionable features causing the giving of
such notice.

(3) No pump shall be equipped with a direct water supply connection for
priming purposes except with the written permission of the Committee.

20 Cross-connections and backflow protection
In order to provide proper sanitary protection to the village water supply, the
Village Committee shall require that no cross-connections with other water
supplies, or other physical connections, shall exist, or be installed, located,
maintained or operated which could permit backflow of contaminated water or
any other dangerous, impure, unsanitary, or unpotable substance from the
consumer's premises into the Village Committee's water supply system.

21 Conservation measures and interruption of water supply
(1) The Village Committee shall exercise reasonable diligence and care to

deliver an adequate supply of water to the consumer and to avoid
shortages or interruptions in water service, but will not be liable for any
interruption, shortage, insufficiency of supply, or any loss or damage
occasioned thereby.

(2) Whenever in the Village Committee's opinion special conservation
measures are advisable in order to forestall water shortages and a
consequent emergency, the Village Committee may restrict the use of
water by any reasonable method of control.

(3) The Village Committee may shut off water from the mains without notice
for the purpose of making repairs, extensions, alterations, or for other

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reasons. Consumers depending upon a continuous supply of water shall
provide emergency water storage and any check valves or other devices
necessary for the protection of plumbing or fixtures against failure of the
pressure or supply of water in the village water supply mains. Repairs or
improvements will be prosecuted as rapidly as practicable and, insofar as
practicable, at such times as will cause the least inconvenience to the
consumer.

22 Government may assume control in case of failure to operate water
supply satisfactorily
In the event of failure by the village without reasonable excuse to operate
satisfactorily the waterworks, the Principal Board of Health may take possession
and assume management of the waterworks and charge the people of the village
the cost of operation and maintenance accordingly.

23 Efficiency of Waterworks
(1) To ensure efficiency of operation, the Village Committee shall keep

records of periodic inspection of —
(a) water sources;
(b) tank and reservoir maintenance;
(c) pump and engine operation and maintenance;
(d) treatment operation;
(e) distribution system maintenance;
(f) service connections to the system;
(g) meter repairs and maintenance;
(h) operation in emergencies;
(i) detection and elimination of cross-connections; and
(j) detection and elimination of services of contamination.

Operational Records

(2) The operational records of the Water Superintendent shall include the
following statistical information —
(a) the amount of water pumped into the system or delivered into the

system by the different prime movers separately;
(b) the amount of water sold to customers;
(c) rate of increase in the number of customers;
(d) system losses;
(e) system maps;

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(f) delivery capabilities of the system at various points; and
(g) relation of supply to demand.

Financial Statement

(3) The Village Committee's financial records shall include —
(a) the proper valuation of the system;
(b) depreciation of the system;
(c) operating expenses;
(d) reinvestments in new capital improvements;
(e) cash position; and
(f) long term debt.


Made by the Minister of Health