Water Supply Act

in the case of any premises entitled to a free allowance of water, any consumption in excess of such free allowance;

in the case of any premises not entitled to a free allowance of water, the total consumption;

“communication pipe” means the pipe between the main pipe belonging to the Authority and the consumer’s meter, or stopcock if there is no meter, including any stopcock, housing and other fittings and attachments thereto;

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“connection to the main” means the stopcock, any housing thereto, the length of piping between such stopcock and the main belonging to the Authority, and all fittings and attachments thereto;

“consumer” means any person or persons or corporate body supplied or applying to be supplied with or using water from the waterworks or who is or are liable for the payment of rates in relation to the supply of water or moneys due or to become due under this Act.

A “consumer” may be an owner or an occupier;

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

“inside service” means all pipes and fittings beyond the communication pipe;

“licensed plumber” means any person or persons or corporate body licensed by the Authority to construct, alter or repair inside services or fire services connected with or to be connected with the waterworks;

“main” means any pipe owned and maintained by the Authority, including any connection to the main;

“meter” means any appliance employed for the purpose of measuring or estimating the amount of water consumed or otherwise;

“occupier” means the person in occupation of the premises in respect of which the word is used or having the charge, management or control thereof either on his own account or as agent of another person, but does not include a lodger;

“other premises” means all buildings, used for religious worship, all licensed public burial grounds used exclusively for this purpose, public schools, Government administrative offices and youth hostels;

“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 as receiver or who would receive the rent if such premises were let to a tenant;

“premises” means any structure, building or part of a building, land without buildings, or any pier, sea wall or wharf;

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“public standpipe” means any fountain, standpipe, valve, tap or appliance provided and maintained by the Authority for the purpose of supplying water to the public;

“quarterly” means every 3 consecutive months;

“rating Act” means the Municipal Boards Act (Chapter 57);

“stopcock” means any stop-tap placed on the inlet of a meter and controlling the supply of water to any premises charged or chargeable separately with water rate, municipal rate, charge or rent;

“stop-tap” means the stopcock, stop valve and any other device for stopping the flow of water in a line of pipes;

“Water Authority” means the Director-General of Public Works or such other person, officer or authority as His Majesty the Sultan and

Yang Di-Pertuan in Council may appoint to administer, manage or supervise a waterworks or water supply;

“water fittings” means pipes (other than mains), taps, stopcocks, ballcocks, valves, ferrules, meters, cisterns, baths, water closets, soil pans, hot water apparatus, and any other similar apparatus or appliances used on an inside service in connection with the supply and use of water, except meters;

“waterworks” means all catchment areas, reservoirs, dams, weirs, tanks, cisterns, tunnels, filter beds, conduits, aqueducts, mains, pipes, meters, fountains, standpipes, sluices, valves, hydrants, pumps, prime movers and all other works, or apparatus used or constructed for the collection, storage, conveyance, supply, measurement or regulation of water and which have been constructed by or on behalf of the Government and belong to or are under the control or management of the Authority or which are used or constructed by the

Authority.

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Whenever it appears expedient to His Majesty the Sultan and

Yang Di-Pertuan in Council that the limits or areas of any catchment area should be demarcated or surveyed, the Authority shall cause the limits or areas thereof to be demarcated or surveyed, and thereafter no unalienated land within such limits or areas shall be alienated, granted, transferred or sold within such limits or areas for any purpose whatsoever.

Subject to subsection (1), His Majesty the Sultan and Yang

Di-Pertuan in Council may designate the activities that may be carried on in a catchment area.

Whenever any alienated land situated within the limits or areas referred to in subsection (1) is required for any purpose connected with the waterworks, including the protection thereof from contamination, such purpose is deemed to be a public purpose within the meaning of the

Land Code (Chapter 40) and the Land Acquisition Act (Chapter 41).

A map or plan showing clearly the limits or areas of any catchment area surveyed or demarcated by the Authority under subsection (1) shall be made and kept in the office of the Authority and shall at all reasonable times be open to public inspection.

All pipes, fittings and other materials referred to in the regulations made under this Act in respect of which a British Standard

Specification is available shall conform with the appropriate standard or any revised addition thereto:

Provided that this Act does not apply to pipes, fittings and other materials, the use of which has been permitted in writing by the Authority.

Any requirement in the regulations made under this Act that a water fitting shall comply with a British Standard Specification shall extend only to so much of that specification as relates to the size, nature, materials, strength and workmanship of such fitting.

Subject as provided in this section, wherever it is necessary to do so for the purpose of making, constructing, providing, repairing or maintaining any mains or other waterworks under this Act, the Authority may lay, place or carry on, under or over any land, other than State land, mains and other waterworks, paying reasonable compensation to all persons interested for any disturbance, damage or disability that may be caused thereby.

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Before entering on any land for the purpose specified in subsection (1), the Authority shall, except in the case of urgency, give notice to the owner or occupier of such land, stating as fully and accurately as possible the nature and extent of the acts intended to be done, and informing the owner or occupier of the provisions of subsection (4).

Such notice is deemed to be properly given if sent by registered post or left at the usual or last known place of abode of the person to whom it is to be given, or, if the usual or last known place of abode of such person cannot be ascertained, by fixing the notice conspicuously on some part of the land.

If any objection or dispute arises in respect of the acts intended to be done, or the amount or apportionment of compensation under subsection (1), the acts or the amount or apportionment shall be summarily ascertained and determined by a Court of a Magistrate, subject to an appeal to the High Court.

Power to lay water mains etc.

whenever the available supply of water from the waterworks shall in the opinion of the Authority be insufficient;

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

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

in the case of an outbreak of fire; or

in the case of a breakdown in the waterworks, and neither the Authority nor any representative or agent of the Authority is liable for any damage or loss which may result from such restriction, withholding, suspension, stoppage, turning off or diversion.

Authority may cut off supply in default of payment 14.

If any person entitled to a supply of water under any agreement mentioned in section 11 makes default in payment of any sum payable by him under such agreement, the Authority may cut off the supply of water by severing or disconnecting any pipe, lines or other work through which water is supplied and may, until any sum payable under the agreement together with the expense incurred by the Authority is fully paid, discontinue the supply of water to such person.

Power of entry on premises 15.

It shall be lawful for the Authority or any person duly authorised in writing by such Authority, without notice and at any reasonable time, or, in the case of urgency, at any time, to enter into and upon any premises into or upon which any inside service has been laid for the supply of water from the waterworks, for the following purposes —

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

to regulate and repair any inside service or meter;

to ascertain the consumption;

to disconnect the inside service to any premises or to diminish, withhold or suspend, stop, turn off or divert the supply of

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water to any premises through or by means of any inside service either wholly or in part; or

to repair, alter, take up, relay, rearrange, or otherwise to deal with any inside service or meter as circumstances may require.

Power to demand deposits 16.

It shall be lawful for the Authority to fix the amount of and to demand in advance deposits from consumers to cover the amount due or to become due for meter rent and for chargeable water at any premises, and for work to be carried out by the Authority at the cost of the consumer.

Such deposits may be held by the Director-General of Public

Works for such time as the Authority shall direct and shall bear no interest and may, in the discretion of the Authority and without prejudice to the powers of such Authority under section 24, be applied to the payment of any money in respect of which the deposit was made and which has not been duly paid in accordance with any regulations made under section 48.

Situation of water and gas mains, electric cables etc. to be altered at expense of Authority [S 47/2014]

If the Authority deems it necessary, for the purposes of this Act, to raise, sink or otherwise alter the situation of any water or sewerage pipe or other waterworks or gas-works, electric lighting cable, or main telegraph or telephone wire or other electric lighting apparatus or telegraph or telephone apparatus laid in any street, it may by notice in writing require the person to whom any such pipes, works, cables, mains or apparatus belong, or under whose control they are, to cause forthwith, or as soon as conveniently may be, any such pipes, works, cables, mains or apparatus to be raised, sunk or otherwise to be placed in position in such manner as it directs:

Provided that such alteration is not such as permanently to injure such pipes, works, cables, mains or apparatus or to prevent the water from flowing as freely and conveniently as before.

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The expenses attending such raising, sinking or altering, and full compensation for the damage done thereby, shall be paid by the Authority to the person or persons to whom such pipes, works, cables, mains or apparatus belong.

If any dispute arises in respect of the amount or apportionment of such compensation, the dispute shall be settled in the manner herein provided.

If owners etc. neglect to make alterations, Court of Magistrate may order alterations to be done 18.

If the person to whom any such pipes, works, mains, cables or apparatus belong, or under whose control they are, does not proceed forthwith, or as soon as conveniently may be, after the receipt of such notice to cause the pipes, works, mains, cables or apparatus to be raised, sunk or altered in the manner required by such notice, the Court of a Magistrate may, upon the application of the Authority, issue a mandatory order for the execution of the necessary work.

unless the consumer, within 14 days from the date of service of written notice in that behalf (which may be given in the manner provided by section 8(3)), or such extended time as the

Authority may allow, gives an undertaking satisfactory to the

Authority to pay to the Government, quarterly or at such lesser periods as the Authority may in any case determine, the amount due for charges for water and for meter rent in accordance with any regulations made under section 48;

if default is made in the payment of any deposit which the

Authority may require, or of any moneys due under this Act from the consumer, for so long as the default continues;

if the construction, alteration or repair of any inside service by a consumer is not carried out to the satisfaction of the Authority in accordance with the provisions of this Act and the regulations made thereunder, or if such construction, alteration or repair is carried out without the approval of the Authority;

if any consumer is found to be wilfully or negligently wasting water supplied from the waterworks through the inside service to his premises;

if any act or thing is done or omitted contrary to the provisions of this Act in relation to any damage, alteration, pollution or abuse of the waterworks, or of any inside service or fire service; or

if the premises or any part thereof were erected in contravention of any written law.

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injures or suffers to be injured the water works;

lays or causes to be laid any main, pipe or line to communicate with any main, pipe, standpipe, hydrant or line belonging to or under the management or control of the Authority without the consent of the Authority;

draws off, diverts or takes water from the waterworks or from any rivers, streams or waters by which the waterworks are supplied;

interferes with or opens or shuts any valve, hydrant or stopcock belonging to the waterworks;

supplies any other person with any water supplied to him for domestic purposes, except with the consent in writing of the

Authority, or alters or tampers with any meters supplied by the

Authority; or

attaches or fixes unauthorised hose pipes including split bamboo to public standpipes or hydrants or any private fittings,

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is guilty of an offence and liable on conviction to a fine not exceeding $20,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $50,000, imprisonment for a term not exceeding 3 years or both.

Restriction on use of hydrants 27.

No person shall take any water —

Any person who acts in contravention of this section is guilty of an offence and liable on conviction to a fine not exceeding $10,000.

Penalty for wrongful renewal of supply 28.

If at any time after the supply of water to any premises has been renewed without the order of the Authority and that the water is being used by any person, the occupier of such premises is deemed to have wrongful renewal of water supply and liable on conviction to a fine not exceeding $10,000 and to a further fine not exceeding $250 for each day the water has been so used.

Notice of obstruction of water to be given to Authority 29.

Whenever any pipe, line or any other apparatus placed in or upon any premises for the use or supply of water to the occupier of such premises becomes obstructed or in any way damaged so as to cause a waste, the occupier shall immediately on the obstruction or damage coming to his knowledge give notice thereof to the Authority.

Any such occupier who neglects to give such notice is guilty of an offence and liable on conviction to a fine not exceeding $5,000, and the supply may be summarily cut off by the order of the Authority until the necessary repairs are effected.

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Pollution of waterworks 30.

Any person who deposits or allows to be deposited any earth, material or liquid in such manner or place that it may be washed, fall or be carried into the waterworks, is guilty of an offence and liable on conviction to a fine not exceeding $50,000.

If any earth, material or liquid is allowed to remain so deposited after the Authority has given notice in writing to such person (which notice may be given in the manner provided by section 8(3)), requiring such earth, material or liquid to be removed, or the continuing deposit of any such earth, material or liquid to cease, such person is liable to a further penalty of $300

for each day during which the offence continues.

Any person who washes or bathes in, or throws into any waters, rivers, or streams forming part of the waterworks, or washes, throws or causes to enter therein any creature, dead or alive, or anything whatsoever, is guilty of an offence and liable on conviction to a fine not exceeding $50,000.

Nothing in this section shall be construed as prohibiting or restricting —

Any person who —

Any inside service so altered and any meter so interfered with, injured or altered, shall be replaced or repaired by the Authority and the cost of such replacement or repair may be recovered upon the order of a magistrate from the person convicted under subsection (1) in the same manner as a fine.

Presumption against consumer in relation to altering of meters 36.

In any prosecution for an offence under section 35, the existence of artificial means for altering the index of any meter or for preventing any meter from duly registering the quantity of water supplied, or for abstracting, consuming or using water of the Authority, when such meter is under the custody or control of the consumer, shall be prima facie evidence that such alteration, prevention, abstraction or consumption, as the case may be, has been fraudulently, knowingly and wilfully caused by the consumer using such meter.

Any such person who fraudulently, knowingly and wilfully abstracts, causes to be wasted or diverted, consumes or uses any water of the

Authority is deemed to have committed the offence described in section 379

of the Penal Code (Chapter 22).

Default in compliance with notice — general penalty 37.

When any notice under this Act or any regulations made thereunder requires any act to be done or work to be executed by the owner or occupier of any premises and default is made in complying with the requirements of such notice, the person in default is, where no fine is specially provided for such default, guilty of an offence and liable on conviction to a fine not exceeding $10,000 or imprisonment for a term not exceeding one year.

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When any such notice requires any act to be done or work to be executed for which no time is fixed by this Act or any regulations made thereunder, it shall fix a reasonable time for complying with the requirements.

Authority employee may demand names and addresses in certain cases 38.

Any person who is charged by any employee of the Authority or any police officer with any offence under this Act or any regulations made thereunder shall give his name and address to such employee or officer if so required.

The occupier of any premises shall, if required by any employee of the Authority or any police officer, give his name and the name and address of the owner of the premises, if known.

Any person who offends under this section or wilfully misstates his name and address or the name and address of the owner of any premises is guilty of an offence and liable on conviction to a fine not exceeding $10,000.

Entry into waterworks without consent etc. [S 47/2014]

The Authority may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed that offence a sum not exceeding $500.

The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations to prescribe the offences which may be compounded.

Power to take action 41.

No fine or punishment imposed under this Act shall affect or prejudice the powers of the Authority under section 24, nor shall anything in this Act be held to prevent proceedings by civil suit against any person for damage caused to any waterworks, or to prevent any person from being prosecuted criminally for an offence in respect of any waterworks.

Court for trial of offences under this Act 42.

Any offence under this Act or any regulations made thereunder may be tried by the Court of a Magistrate.

All fines imposed for any offence against this Act or any regulations made thereunder shall be paid into the Consolidated Fund.

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Fine may be prescribed for breach of regulations 43.

The Authority may in making any by-laws or regulations prescribe the fine with which the contravention thereof shall be punishable, provided that such fine shall not exceed, for any one offence, the sum of $500 or, in the case of a continuing offence, the sum of $20 for every day during which such offence is continued.

Fine for breach of regulations where no fine is prescribed 44.

Any person who contravenes any regulations for which no fine is prescribed is liable to a fine of $500, for any one offence, or, in the case of a continuing offence, the sum of $20 for every day during which such offence is continued.

Service pipes, cocks etc. not to be subject to distress etc.

The grant or renewal of any licence in pursuance of this Act or any regulations made thereunder, shall be in the discretion of the Authority or person authorised to grant or renew the same and may be granted, renewed or refused without any reason for such grant, renewal or refusal being assigned therefor and may be granted or renewed subject to such restrictions and conditions as the Authority or person granting, renewing or refusing the same may think fit and shall be revocable at any time without compensation and without notice by the Authority upon breach of any restriction or condition subject to which it was issued.

The Authority or person empowered to grant or renew any licence may require any applicant therefor to furnish such information as the

Authority or that person may reasonably require for a full and proper consideration of the application and, in the event of a refusal to furnish such information, shall refuse to grant or renew such licence.

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Except as otherwise provided, any licence granted or renewed in pursuance of this Act or any regulations made thereunder may be for such period not exceeding 12 months as the Authority thinks fit.

There shall be charged for the grant or renewal of any licence such fee, if any, as may be prescribed.

No such licence shall be transferrable without the consent of the

Authority or person granting the licence.

Except as otherwise provided, any person aggrieved by the refusal by any employee of the Authority to grant or renew a licence or by the suspension or revocation by the Authority of any licence may, within one month of such refusal, suspension or revocation, appeal to the Authority whose decision thereon is final.

In this section, “licence” means any approval, consent, permit, permission, authority, authorisation or licence which may be granted in pursuance of this Act or any regulations made thereunder.

Service of notice 47.

Every notice, order or document required or authorised by this

Act or any regulations made thereunder to be served on any person may be served —

A notice, order or document required or authorised by this Act or any regulations made thereunder to be served on the owner or occupier of any premises is deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of such premises without further name or description.

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A notice, order, summons or document required or authorised by this Act or any regulations made thereunder to be served on the owner or occupier of any premises may be served by delivering the notice, order, summons or document or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom the notice order, summons or document can with reasonable diligence be delivered, by fixing the notice, order, summons or document on some conspicuous part of the premises.

Power of His Majesty the Sultan and Yang Di-Pertuan in Council to make regulations 48.

His Majesty the Sultan and Yang Di-Pertuan in Council may make regulations for —

Such regulations may provide that contravention of any specified regulations shall constitute an offence and may prescribe penalties not exceeding a fine of $1,500 for such contraventions.