Ordinances, with orders in council, rules, and regulations.

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Material Information

Title:
Ordinances, with orders in council, rules, and regulations.
Uniform Title:
Saint Lucia. Ordinances
Physical Description:
1902- ; 33 cm.
Language:
English
Creator:
Saint Lucia
Publisher:
G. P. O.
Place of Publication:
Castries
Publication Date:

Subjects

Subjects / Keywords:
Law -- Saint Lucia   ( lcsh )
Genre:
serial   ( sobekcm )
Spatial Coverage:
Caribbean

Notes

Funding:
Support for the development of the technical infrastructure and partner training provided by the United States Department of Education TICFIA program.

Record Information

Source Institution:
FIU: College of Law
Holding Location:
FIU: College of Law
Rights Management:
All rights reserved by the source institution.
Resource Identifier:
oclc - 18446808
System ID:
AA00000353:00014

Full Text





47

lownm and Villages Waier Supply
Ordinance 1915.






/4*-


[1915.


SAINT LUCIA.


No. 15 of 1915.


AN ORDINANCE to provide for the maintenance of a supply
of Water for the Town of SoufriBre and the Village of Den-
nery, and their respective adjacent districts, and for"'any
other Town or Village, and its adjacent district, which may
hereafter establish Waterworks.

[ '1st October, 1915. ]

BE it enacted by the Governor, with the advice and consent
of the Legislative Council of Saint Lucia, as follows:-













(i .


No. 16.]


I assent.
GIDEoN MUnRAY,
Acting Governor.
1st October, 1915.











^tPteiwl 1 5 .] [Bt 'lSi5fjf.
(MisOWaliegcl s,~


short title.

Appliestion.








Interpretation of
terms.


1. This Ordinance may be cited as the Towns and Villages
Water Supply Ordinance, 1915.

2. This Ordinance shall apply to the Town of Soufriere and
the Village of Dennery, and their respective adjacent districts,
both already possessing Water Works and a supply of Water,
and also to the Town of Vieux-Fort and the Villages of Gros-
Islet, Anse-la-Raye, Canaries, Choiseul, Laborie and Micoud, and
their respective adjacent districts,. so soon as the Governor shall
proclaim in the Gazette that they or any one of them possess or
possesses Water Works and a supply of water and this Ordin-
ance shall apply and have effect accordingly.

3. For the purposes of this Ordinance-
"Water Authority" means any body of persons appointed
by the Governor under this Ordinance to manage, main-
tain and supervise the Water Works and water supply
in a Town or Village and its adjacent district, here-
inbefore mentioned, and includes, unless otherwise
required by the context, its duly appointed servants
and agents.
"Water Works" means atireseryw*f, tanks, and other
built receptacles and all pipes-to contain, collect or
conduct water for the supply of the several Towns
and Villages, hereinbefore mentioned, and the dis-
tricts adjacent, hereinafter referred to, and all plugs,
hydrants, pipes and other contrivances for conveying,
distributing and.ddrawing water within.- the said Towns
and Villages and adjacent districts.
Adjacent district" means the area outside of a Town or
Village supplied with water as defined by the,Governor
in Council under this Ordinance.
"OvwngTr. mrn4i Jhe .bolder,.of any tenement direct. from
th (Crown whether under, lease,, license or.otherwise,
or the immediate landlord of any; tenment,,,or, the
agent of any, such.holder or landlord, who is absent or
under disability, or if, there- be. no .such agent, the
occupier of the tenement.
Tene mq nt"oneans any land, with or without build-
ings, which is held or occupied as a distinct or separate
holdingor tenancy, or any .wharf .or pier in the:wat e
ofthe Colpy. .


NiV3U


[31916&











9; 15.] zTac' iand.. IlagefsWater Supply [1915.



Water Authority, -
4. Thbe GOvernor shall appoiAt, foreaehl of the :several TIowns Appointmentof
and villages hereinbefore mentioned; sach body .ofpersons as he Water Authority.
deems fit to be-the-Water Authority, for carrying into effdot the
provisions of this Ordinance and may also appoint a Chairman
for each snrh-Water Authority.
5. (1) A Water Authority, with the approval of the Governmor water Authority to
in Council, may appoint such competent officers, agents: anr appoint officers.
servants as may be necessary for thed due execution of r this)
Ordinance; ,such officers, agents and servants shall hold office
during the Governor's pleasure, and shall receive such remnu,
neratidn- to be, paid fobmw thbP.ind lobihe Town or Village for
which- thby are appointed, as may-be'fixed bythe1Governoninr
Council.'
(2) The Governor may appoiitt the Cdlonial Engineer or some
other fit and'proper person to inispect.any Waterworks- and"
report thereon, and for this purpose he shall have thb'same'
powers,to enter buildings and lands as is given to a Water
Autb'ority.
6. If aW,,Wter Atthority, in the .opinion of 'thb Gbvernor'in- Governor may
Council;, persistently makbs default in the performance of the of Water hoitTy
duties or exceeds' or abuses the powers assigned :to it under this
Ordinance, the Governor. in Council may, by order, published
in the Gazette, cancel the appointment of the Water Authbrity-
and appoint another Water Authority.

Levy" and.. Collection.of R ates..
7; The districts to' be supplied with water r under this Distriots to be
Ordinance, so far as they are not included within the bonuda-,, uppled with water
ries-of 'any'Tbwn-or Village, shall 'be defined by Order-'of thh orderin Counc.
Governor inaCuncil; and it shall, be lawful for the Governor,
in -Cuncil,' from time to time, by: further Order;' to extendn or
otherwise-vary the limits of the several districts
8. Every Water Authority shall be entitled to levyi and Authority to levy
demand the following rates and payments:- rates.
(a) A general Wa'ter IRtte payable upon all tenements
situated within its .Town.o Villag and adjacent district,
whether pridedd .withi services or.nat.;













Towns and illagee
Ordinance,


[1915.


Water Supplyp
1915.


(b) A private Water Supply Rate, payable with respect to
all tenements provided with services in addition to the
aforesaid general Water Rate;
(c) Payments for water supplied to Shipping.


ABmessment of
general Water
Bate.











Application of
rates.








Collection of rates.


Provision of private
services.


9. (1) A Water Authority shall annually assess the general
Water Rate, payable by the owner of each tenement, situated r
within its Town or Village and adjacent district, and the said
general Water Rate shall be such percentage or poundage, not
exceeding four per cent., upon the assessed annual rental of
lands, houses and buildings as the Water Authority shall
determine.
(2) The actual amount payable with respect to each indi-
vidual tenement shall be assessed by the Water Authority
according to the method of assessment provided for the collec-
tion of House and Land Tax, under the Towns and Villages
Ordinance, 1887, or any Ordinance amending or substituted for
the same.

10. (1) All moneys which may be raised by way of Water
Rates by a Water Authority shall be paid to the credit of the
Town or Village in respect of which they have been raised.
(2) The Governor in Council may require the Treasurer
to set aside annually from the Fund of each Town or Village a
sum not exceeding five per cent. thereof for the purposes- of a
Reserve Fund to meet the cost of alterations, extensions, renewals,
and extraordinary repairs to the Water Works of each such Town
or Village.

11. All rates and other receipts shall be collected and paid to
the Treasurer in the manner prescribed for the collection of
House and Land Tax under the Towns and Villages Ordinance,
1887, or any Ordinance amending or substituted for the same,
and be carried to the credit of the Towns and Villages Fund as
established under that Ordinance and all disbursements on
account of a Water Authority shall be made by the Treasurer
upon proper vouchers certified by the Water Authority, or its
Chairman, or its Clerk, and with the sanction of the Governor.

Private Water Servicee.
12. (1) A Water Authority may, upon the written applica-
tion of any person within its Town and adjacent district, or its


No. 15.]













2L8 'fi.]


Village and adjacent district, and upon payment by him of such
annual sum of money or private Water Supply rate as shall be
fixed by the Water Authority, cause to be conveyed into the
tenement owned or occupied by him a constant supply of water,
and the supply may, from time to time, be diminished or in-
creased at the discretion of the Water Authority.
(2) In case of non-payment of the rate or annual sum of
money it shall be recovered by the Water Authority in the same
manner and at the same time as other rates made payable under
this Ordinance.

13. (1) All necessary works for introducing a supply of water
into private premises shall be carried out by a Water Authority,
but the cost shall be paid in advance by the person into whose
premises the water is to be introduced.
(2) All alterations and repairs to private water services
which may, from time to time, be required, shall be effected by
a Water Authority at the cost of the person requiring them.


Cost of introduction
of private services
to be paid by owner
of premises.


14. (1) It shall not be lawful for the owner or occupier of Owner of premises
any tenement supplied with water by a Water Authority, or for plter, pipes
any other person, to lay or affix, or cause or permit to be laid connected with
or affixed, any pipe or apparatus connected with the Water Water Works.
Works, or to remove or make any alteration in any pipe or
apparatus connected with the Water Works, without the con-
sent of the Water Authority; but every pipe and all apparatus
in connection with the Water Works, and all arrangements of
services, shall be laid, affixed, removed, or altered, and made
only by the authority or with the consent of the Water
Authority. The decision of the Water Authority in such
matters shall be final and binding on all concerned.
(2) Any person acting in contravention of the provisions Penalty for contra-
of this section shall, on summary conviction, be liable to a vention.
penalty not exceeding Twenty pounds.
(3) A Water Authority may enter any house, building or Power to enter
lands, to, through or into which water is supplied by it in order buildings or lands.
to inspect the apparatus for the conveyance, reception or storage
or supply of water, or for the purpose of ascertaining the
quantity of water supplied or consumed, and may, from time to
time, enter any house, building or lands for the purpose of
removing any pipe or apparatus:


'bT ns and villages s d'te&r Slii,8l
Ordinance, 19 ft ?


























Penalty for wilful
waste of water, &o.









Water supply :may
be cut off in certain
cases.


Map showing line
of pipes to be
prepared.


No. 15.] ,Towns ad ~Wilages tiater, Suply [1915.
Ordinance, 1915.



Provided that, except with the consent of a Magistrate, this
power of entry shall be exercised only between the hours of
nine in the forenoon and five in the afternoon.
(4) Any person who hinders a Water Authority from entering
or making such inspection or effecting such removal, shall be
liable, on summary conviction, to a penalty not exceeding Ten
pounds.

15. If any person, supplied with water by a Water Author-
ity, wilfully or negligently causes or suffers any pipe, valve,
cock, cistern, bath, soil-pan, water closet or other apparatus or
receptacle, to be out of repair, or to be so used or contrived as
that the water supplied to him is, or is likely to be, wasted,
misused, contaminated, or unduly consumed, or so as to occasion
or allow the return of foul air or other noxious or impure
matter, into any pipe belonging to, or connected with the pipes,
of the Water Works, he shall be liable, on summary conviction,
to a penalty not exceeding Ten pounds.

16. If any person, supplied with water by a Water Author-
ity, wrongfully does or causes, or permits to be done, anything
in contravention of any of the provisions of this Ordinance, or
of any regulations made thereunder, or wrongfully fails to do
anything which under any of its provisions ought to be done for
the prevention of the waste, misuse, contamination, or undue
consumption of the water, the Water Authority may, (without
prejudice to any remedy against him in respect thereof) cut off
or disconnect from the main, any of the pipes by or through
which water is supplied to him, or for his use, and may cease to
supply him with water so long as the cause of injury remains or
is not remedied.

Plan of Line.
17. (1) The Governor shall cause to be prepared a plan
descriptive of the lines of roads, streets, ways, and places and
the lands and premises through which the pipes for carrying
water into any Town and its adjacent district, or into any
Village and its adjacent district, are laid or carried or intended
to be laid or carried.
(2) An authenticated copy of the plan, when approved by
the Governor in Council, shall remain in the custody of the
Commissioner of Crown Lands, to the end that all persons may


__













Towns and Fillages Wacer Stpply
Ordinance, 191S.


at all reasonable times have liberty to inspect it and obtain
extracts or copies thereof.
(3) Every person shall pay for the general use of the
Colony the following sums-
(a) one shilling for every search in connection with and
including the inspection of the plan;
(b) two shillings for the certificate of the Commissioner of
Crown Lands for every copy or extract of the plan made
by or on behalf of the applicant;
(c) the actual cost of the preparation of any copy of or
extract from the plan before the copy shall be delivered
by the Commissioner of Crown Lands.

18. The Governor may, if he thinks fit, authorise any devia-
tion from the lines described in the said plan; every such
deviation shall be considered as part of the original plan and
shall be clearly marked on it.

Regulations by Water Authority.
19. A Water Authority may, with the approval of the
Governor in Council, make regulations for the management
of the Water Works generally and in particular with respect to
the following matters :
(1) Regulating the supply of water for sanitary and
domestic purposes.
(2) Regulating the supply of water to ships and fixing the
price of it.
(3) Fixing the water supply rate to be charged for private
service.
(4) With respect to the manner and time of making appli-
cation for any supply of water.
(5) As to the construction of services and as to the nature
and quality of pipes, fittings and materials to be used in
connection with the same.
(6) As to the conditions under which water may be shut off.
(7) With respect to the management- of the Water Works
and for the prevention of waste or abuse of water.
Provided that all such regulations and any revocation,
amendment or alteration thereof, after approval by the Governor
in Council, shall be submitted to the Legislative Council at its
next meeting after the making of the same.


Governor may
authorise deviation
from lines described
in plan.



Power of Water
Authority to make
Regulations.


No. 15.]


[1915.














Tfow'm dad 1' I1ges Water Suply
Ordinance, 1915.


Penalties for viola-
tion of regulations,
&c.


Penalties for
offences.


Payment for
damage.


Penalty for offences
not specially pro-
vided for.


Offences against
Ordinance to be
prosecuted before
District Court.


20. Every person Who-
(1) Violates the provisions of any regulations made under
the authority of this Ordinance; or
(2) Refuses or neglects to act in obedience to any such
regulations; or
(3) Resists, opposes or obstructs the lawful execution thereof,
shall, on summary conviction, be liable to a penalty not exceed-
ing Twenty pounds.

Miscellaneous.
21. Every person who-
(1) Impedes the flow of the-water belonging to any Water
Works;
(2) Washes clothes or any other thing in such Water Works;
(3) Bathes in such Water Works;
(4) Waters any horse, mule, cattle or other animal in the
same or causes such animals to enter into any Water
Works
(5) Washes in, fouls or in anywise abuses the water in any
Water Works;
(6) Obstructs or in anywise hinders any person duly em-
ployed in connection with any Water Works in the
execution of his employment; or
(7) Wilfully injures or in any way damages any Water
Works
shall, on summary conviction for any such offence, be liable to
a penalty not exceeding Twenty pounds.

22. In case any damage shall result to any Water Works from
the commission of any of the offences in the last preceding sec-
tion mentioned, it shall be lawful for the Magistrate, in addition
to any penalty he may inflict, to adjudge the offender to make
compensation, not exceeding 50, to the Water Authority as
provided by the Criminal Code.


23. Any person who commits an offence against this Ordinance
for which no penalty is specially provided shall, on summary
conviction, be liable to a penalty not exceeding Ten pounds.

24. (1) All offences against this Ordinance or against any
Regulations made thereunder may be prosecuted and all rates
or claims under this Ordinance, in respect of each Town or


ito: iF.]


[49.15.


*w ''













iTown and Villages W-ater Supply
Ordinance, 1916.


Village, may be sued for by the Warden of the Town or Village,
or by any person authorised by the Water Authority, or by the
Chairman thereof, in writing, in that behalf, before the District
Court.
(2) The procedure shall be that for the time being in force
regulating procedure in the District Courts.

25. All sums or penalties which shall be recovered under
this Ordinance, shall be paid into the Treasury, to the credit of
the Fund of the Town or Village to which they refer:
Provided that the Water Authority may, with the approval
of the Governor, award to any person who shall have aided in
the recovery of any penalty, such portion thereof, when re-
covered, as it shall think fit.

26. It shall be lawful for a Water Authority to cause to be
closed at any time any Public Water tap which may be left run-
ning or otherwise in such a condition as to cause waste or mis-
use of water, and to cause to be shut off any private Water Service
which may be improperly used. without rendering the Water
Authority liable to any claim or demand for damages, and with-
out prejudice to the payment of the general Water Rate, or
private Water Supply Rate.

27. Without prejudice to any water rate, or other sums due
or to become due in respect of any Water Supply, or to any
other remedy under this Ordinance, or under any Regulations
made thereunder, it shall be lawful for a Water Authority, at
any time, to diminish, withhold, suspend or direct the supply of
water through or by means of any service or public fountain
either wholly or in part, in the following cases:-
(a) Whenever the available supply of water from the Water
Works shall, in the opinion of the Water Authority, be
insufficient; or
(b) Whenever it may be expedient or necessary for the
purpose of extending, altering, or repairing the Water
Works, or for the purpose of the connection of services;
or
(c) Whenever any public fountain or standpipe is damaged,
or the waters thereof are polluted or wasted, and the
person by whose act, neglect or default such damage,
pollution or waste has occurred, cannot be found; or


Penalties and sums
recovered to be paid
into Trearsury.






Water Authority
may cause to be
closed any public
water tap or
private service
occasioning waste
of water.




Power to withhold
or diminish water
supply in certain
cases.


No. 15.]


[1915.








58


bTwns an Villages Water Supply
Ordinance, 1915.


Submission of
annual Estimates
and Balanoe Sheet.





Water Authority
may sue in its
official name.

Repeal.


(d) If the construction or laying of any service by the
owner of any tenement is 'ot made, altered or re-ad-
justed, in accordance with the provisions of this Ordin-
ance or any Regulations made thereunder; or
(e) If default be made in the payment of any moneys due
under this Ordinance, or any Regulations made there-
under, by the occupier or owner of any tenement, or so
long as such default continues, or at the request of the
owner of the tenement; or
(f) In cases of fire; or
(g) If any act or thing be done or omitted contrary to the
provisions of this Ordinance, or of any Regulations made
thereunder, in relation to any damage, waste, pollution
or misuse of the Water Works or any service meter,
public fountain, or standpipe.

28. Every Water Authority shall, in the month of October in
every year, frame and submit for the approval of the Governor
in Council, an Estimate of the probable revenue and expendi-
ture of the Water Works in the ensuing year, and shall, in the
month of April in every year, frame and submit for such
approval, a Balance Sheet for the past financial year, setting
forth in detail their receipts and expenditure.

29. A Water Authority may sue and be sued as the Water
Authority for the Town or Village for which it has been
appointed.

80. The following Ordinance is hereby repealed:-
The Soufriere Water Supply Ordinance, 1903, No. 13 of 1003.


Passed the Legislative Council this 28th day of September, 1915.

B. P. E. BULSTRODE,
Clerk of Councile.


1915-37.


PRINTED BT THE GOVERNMENT PRINTER, AT THE GOVERNMENT PRINTING OFFICE,
CASTRIES, ST. LUCIA.


No. 15.]


S[1915..