{"kind":"expression","expression":{"expr_id":"513","doc_id":"513","label":"2022 Revision","is_as_enacted":"f","commenced_on":"2022-01-31","superseded_on":null,"valid_from":"2022-01-31","valid_to":null,"is_current":"t","incorporating":"[\"Law 14\/2018 Water Authority (Amendment) Law 2018 - G17\/2018\/s12 - 1-Jan-2022\"]","akn_expr_iri":"\/akn\/ky\/act\/1982\/18\/eng@2022-01-31","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/1982\/18\", \"expression\": \"\/akn\/ky\/act\/1982\/18\/eng@2022-01-31\", \"manifestation\": \"\/akn\/ky\/act\/1982\/18\/eng@2022-01-31.pdf\"}, \"pdf\": {\"md5\": \"2844251e0504a66bb7184a251b5f873a\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1982\/1982-0018\/1982-0018_2022 Revision.pdf\", \"pages\": 44, \"filename\": \"1982-0018_2022 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 15267, \"paragraph_count\": 74, \"text_char_count\": 97193}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"SCHEDULE CONSTITUTION AND PROCEDURE OF THE AUTHORITY ENDNOTES Water Authority Act (2022 Revision) (2022 Revision) PART I-Introduction\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Act may be cited as the Water Authority Act (2022 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions and interpretation 2. (1) In this Act \u2014 \u201cadministrative determination\u201d has the meaning assigned to that expression by section 2(1) of the Utility Regulation and Competition Act (2021 Revision); \u201cAuthority\u201d means the Water Authority established under section 3; \u201cbeneficial use\u201d means the use of water in such a quantity as is necessary for economic and efficient utilisation, for a purpose and in a manner which is consistent with the public interest; \u201cbuilding\u201d includes any structure or erection of a permanent or semi-permanent nature and any part of a building as so defined, but does not include plant or machinery comprised in a building; \u201ccanals\u201d means any channel works which provide sea water direct access to inland areas which would not normally be in direct contact with the sea; \u201ccapital investment plan\u201d means those additions to its assets that a service provider intends to make, that, when added, will form part of its rate base as approved by the Office; Water Authority Act (2022 Revision) \u201ccommercial use\u201d means the sale or transport of water or the use of water on any premises used for carrying on any trade or business including hotels, restaurants, shops and offices or any other use of water for other than domestic or municipal use; \u201cconcession\u201d means an instrument by which the Cabinet grants a right or privilege enabling a person \u2014 (a) to produce or supply water, or both, under the Water (Production and Supply) Act (2018 Revision); or (b) to collect, convey and treat wastewater under the Wastewater Collection and Treatment Act (2019 Revision); \u201cconcessionaire\u201d means a person to whom a concession has been granted; \u201cDirector\u201d means the Director of the Authority or any person acting on the Director\u2019s authority; \u201cdomestic use\u201d means the use of water for washing, drinking, flushing closets, private gardening and the other usual household purposes, on any premises which are used solely for private residential purposes; \u201cfreshwater\u201d means water with a total dissolved solid content of five thousand parts per million or less; \u201cground water\u201d means \u2014 (a) underground water; and (b) water in a pond where the removal of water from the pond will occasion the seepage of underground water into the pond, and includes all water made available by means of works; \u201cgroundwater lens\u201d means an underground source of fresh water; \u201clicence\u201d means a permit or other enabling instrument issued by the Authority under this Act; \u201cmunicipal use\u201d means the utilisation of water for supplying the water requirements of the community; \u201cnon-potable water\u201d means water which may or may not be potable water but can be beneficially used, and does not include process water, wastewater or trade effluent; \u201cOffice\u201d means the Utility Regulation and Competition Office established under section 4 of the Utility Regulation and Competition Act (2021 Revision); \u201cpond\u201d means any place or excavation containing water other than sea water; \u201cpotable water\u201d means water which is intended for consumption by humans, that is, water which has no impurities present in amounts sufficient to cause disease or harmful physiological effects, and the bacteriological and chemical and aesthetic quality parameters of which comply with values established under Water Authority Act (2022 Revision) section 4 of the Public Health Act (2021 Revision) or, if none have been established, standards established by the Authority; \u201cpremises\u201d means messuages, buildings, land, easements or hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private and whether maintained or not under statutory authority, and includes any place or structure, or any part thereof, used or intended to be used for human habitation, or for employment or any other purpose whatsoever; \u201cprocess water\u201d means water used in an industrial process, such as water used for rinsing, cooling, chemical reactions, and gas scrubbing, and which may require specific treatment to produce the quality of water needed for the process but does not include water that will be used in the actual product manufactured; \u201cpublic wastewater system\u201d refers to the conveyance of wastewater and trade effluents away from premises via a system owned or operated by the Authority; \u201cpublic water supply system\u201d refers to the conveyance of water into premises via a system owned or operated by the Authority; \u201cservice provider\u201d means the Authority or any concessionaire that has been issued with a licence by the Office to provide water or wastewater services; \u201cterritorial waters\u201d means the waters of the sea within the limits of territorial jurisdiction of the Islands; \u201ctrade effluent\u201d means any liquid either with or without particles or matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises but does not include domestic wastewater, but includes a reference to all waste in a liquid, solid or gaseous state; \u201cunderground water\u201d means water stored below the surface of the ground in the natural strata thereof and not apparent on the surface on the ground; \u201cwastewater\u201d means any waste substance, liquid or solid, associated with human habitation, or which contains or may be contaminated with human or animal excrement or offal, or trade effluent, or both, from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface runoff or leachate that may be present; \u201cwastewater system\u201d means all works related to the collection, conveyance, treatment and disposal of wastewater; \u201cwater\u201d means potable water and non-potable water; \u201cwater resources\u201d means canals, ground water, groundwater lenses, ponds, territorial waters and underground water; \u201cwater resources\u201d includes \u2014 (a) water flowing or situated upon the surface of any land; Water Authority Act (2022 Revision) (b) water flowing or contained in any natural course for water or any lake or spring, whether or not it has been altered or artificially improved; (c) estuarine or coastal water; (d) groundwater, including groundwater lens; and (e) any watercourse; \u201cwell\u201d includes any natural well, borehole, adit, tunnel, gallery or other excavation constructed or used for the abstraction of ground water or for the introduction of fluids directly into ground water; and \u201cworks\u201d includes wells, desalination plants, pumping installations, pipelines, reservoirs, tanks, ponds, valves, building, machinery, metering devices and other apparatus constructed for or used in connection with the abstraction or storage of ground water, the conveyance of water or wastewater, the processing of water, the treatment of wastewater, the use of ground water for any purpose or the introduction of fluids directly into ground water whether by means of a well or pipe or otherwise. (2) For the purpose of this Act, where land is subject to a tenancy at will, to a tenancy for a fixed period of less than one year or to a periodic tenancy from month to month or other period of less than one year, the person entitled to the reversion expectant upon the termination of any such tenancy shall be deemed to be the person entitled to the possession of the land. PART II \u2013 Establishment, functions and duties of the Water Authority\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Establishment and constitution of Water Authority 3. (1) There is established a body corporate called the Water Authority which shall, subject to any policy directives issued to it by the Cabinet, exercise such functions through the Islands as are assigned to it by this Act. (2) The affairs of the Authority shall be managed by a Board consisting of \u2014 (a) a Chairperson appointed by the Cabinet; and (b) not fewer than eight and not more than ten other members appointed by the Cabinet for a period not exceeding two years, and three other public officers as defined in the Public Service Management Act (2018 Revision). (2A) The Director shall be one of the three public officers appointed under subsection (2). (2B)  The public officers under subsection (2) shall not be entitled to vote. Water Authority Act (2022 Revision) (3) No member of the Authority shall be personally liable for any act or default of the Authority done or omitted to be done in good faith in the course of the operations of the Authority. (4) Subject to this section, the constitution and procedure of the Authority shall be in accordance with the Schedule. (5) The Authority shall have perpetual succession and a common seal, power to enter into contracts and to sue and be sued in its corporate name and shall have power to acquire and dispose of all kinds of property moveable or immovable and to do and perform such acts and things as may be allowed under this Act and the seal shall be authenticated by the Chairperson and one of the members authorised by the Authority in that behalf; and documents not required by law to be under seal may be signed by the Chairperson or the secretary.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Appointment of staff 4. (1) The Board shall appoint the Director to be the Chief Executive Officer of the Authority after consultation with the responsible Minister or Official Member, and shall, in the exercise of the Board\u2019s own deliberate judgment and subject to such conditions as the Board may impose, approve of the secondment of such public officers for service with the Authority as appear necessary for the proper exercise of its functions. (2) A public officer seconded under subsection (1) shall, in relation to salary, pension, gratuity and the like and to other rights and to discipline, be treated as if that public officer were not so seconded. (3) The Director shall be secretary to the Authority, present at all meetings and responsible for the minutes of the business transacted.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Duties of Authority 5. (1) The Authority shall formulate, review and revise a water resources development plan for the Islands. (2) It is the duty of the Authority to secure consistency and continuity in the framing and execution of a comprehensive policy approved by the Cabinet with respect to the development, augmentation, conservation and best use of the water resources in the Islands in accordance with the water resources development plan referred to in subsection (1). (3) Without prejudice to subsections (1) and (2), it is the duty of the Authority \u2014 (a) to establish and keep an inventory of all water resources in the Islands, and to establish and maintain a central bank of water related data; (b) to issue, record and administer licences and permits and fees in respect thereof; Water Authority Act (2022 Revision) (c) to protect the groundwater lenses from depletion and contamination, to monitor their condition and to undertake artificial recharge programmes; (d) to advise the Cabinet on appropriate policies for the development, conservation, augmentation and best use of the water resources of the Islands; (e) to advise the Cabinet on appropriate policies and methods adopted for the treatment and disposal of wastewater in the Islands; (f) to inspect any work carried out by government departments, public authorities, individual users and other agencies in respect to wastewater disposal and the development, conservation and use of water resources; (g) to establish criteria, methods and standards for data collection, project planning and design, and feasibility evaluation; (h) to undertake or promote studies, research, educational and training programmes on water resources and supply and wastewater management; (i) to advise the Cabinet on subsidiary legislation for the implementation of this Act, and on legislation affecting the conservation, development and use of water resources; and (j) in general, to advise the Cabinet on any national or international plan or project, as well as any international organisation with which the Government may have entered into agreement for the realisation of surveys, projects and studies in the matter of water resources development and conservation and public water supply and wastewater treatment and disposal.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Duty of Authority in regard to water supply and wastewater 6. In addition to the duties listed in section 5, the Authority shall \u2014 (a) provide a piped supply of water for commercial, domestic and municipal use to any part of the Islands where a general scheme of supply is rational as determined by the Authority and forms part of capital investment plans approved by the Office; (b) provide adequate facilities for the drainage and safe disposal of wastewater and effluent where a general wastewater scheme is rational as determined by the Authority and forms part of capital investment plans approved by the Office; (c) advise the Cabinet on the issuance of concessions for franchised operations under the Water (Production and Supply) Act (2018 Revision) and in accordance with any law for the time being in force relating to wastewater. (d) Repealed by section 4(b) of the Water Authority (Amendment) Law, 2017. Water Authority Act (2022 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Powers of Authority in regard to water supply and wastewater 7. (1) The Authority shall have all the powers necessary for the carrying out of its duties under sections 5 and 6, including (subject to any concession in force) the sole right to provide a public water supply and public wastewater system in any part of the Islands and in particular, may \u2014 (a) design, construct, take on lease or purchase by agreement, operate and maintain water and wastewater works and authorise and control the construction, operation and maintenance by any person of such works; (b) purchase or take on lease any property which it deems necessary or expedient for the purpose of constructing, extending or maintaining any water and wastewater works or otherwise carrying out its functions under this Act; (c) abstract water from any part of the Islands for the purpose of providing a public water supply in accordance with section 6 and for so abstracting water enter into such agreements, and construct, maintain and operate such works, as may be necessary; (d) determine or diminish any licence which it deems necessary or expedient for the purpose of providing a public water supply system; (e) require the installation of meters or gauges for measuring water abstracted under the grant of a licence or supplied by the Authority or waste discharged and to works operated by the Authority and levy charges for the provision, installation, maintenance and operation of the same; (f) subject to subsection (3), enter any land, including private roads, to \u2014 (i) carry out surveys and investigations including trial drillings and inspection for ground water and wastewater; (ii) execute any works, lay and connect pipes for water and sewers; (iii) demolish any unauthorised water or wastewater works; (iv) effect repairs to the water supply and wastewater systems; and (v) inspect any works which are the subject of a licence or permit under this Act; and (g) collect rates and service fees and deposits in respect of the distribution and supply of water and the disposal of wastewater; and (h) fix charges for any services provided in the course of carrying out the Authority\u2019s functions and to demand and recover those charges from any person to whom, or in relation to whose premises, the Authority provides service; (i) Repealed by section 5(a)(iv) of the Water Authority (Amendment) Law, 2017. Water Authority Act (2022 Revision) (2) The Authority shall exercise its powers under paragraph (d) of subsection (1) in the manner provided by section 32. (3) In the exercise of its powers under paragraph (f) of subsection (1), the Authority shall give reasonable notice to the person entitled to the possession of the land, and shall pay reasonable compensation for any loss or damage sustained by the person by reason of the carrying out of any work authorised by this section. (4) The Authority may exercise its powers to fix charges by reference to such matters, and may adopt such methods and principles for the calculation and imposition of the charges as appear to the Authority to be appropriate but rates and charges for the provision of water supply and wastewater services shall not be fixed or imposed without the prior written approval of the Office. (5) Repealed by section 5(c) of the Water Authority (Amendment) Law, 2017. (6) Repealed by section 5(c) of the Water Authority (Amendment) Law, 2017. (7) The Authority shall establish minimum environmental standards for the protection of the environment generally, including standards for the limitation of discharge into the atmosphere, water or land and provisions for compliance with these standards shall be included as licence obligations in licences or administrative determinations issued by the Office under the Water Sector Regulation Act, 2017 or any other Cayman Islands\u2019s Act in force in relation to water or wastewater. (8) For the purposes of carrying out its functions under this Act, the Authority shall have power to \u2014 (a) call for, from any person, and examine documents, including, but not limited to, financial records; (b) require that any document submitted to the Authority be verified by affidavit; and (c) do anything that is related or incidental to what is specified in paragraphs (a) and (b). (9) Repealed by S.5(c) of the Water Authority (Amendment) Law, 2017. (10) Repealed by S.5(c) of the Water Authority (Amendment) Law, 2017.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Liability of owners for charges 8. (1) Subject to subsections (3) and (4) and except insofar as a provision to the contrary is made by an agreement to which the Authority is a party \u2014 (a) the connection of premises to a public water supply system, and any supplies of water provided by the Authority to those premises via a public water supply system, shall be treated for the purposes of this Act (and any regulations made or having effect under this Act) as services provided to the owner for the time being of the premises so connected or supplied; and Water Authority Act (2022 Revision) (b) the connection of premises to a public wastewater system, and any collection, treatment and disposal of wastewater drained from those premises via a public wastewater system, shall be treated for the purposes of this Act (and any regulations made or having effect under this Act) as services provided to the owners for the time being of the premises so connected or drained. (2) In this section \u2014 \u201cowner\u201d, in relation to any premises, means the person who is registered as the proprietor of the premises under the Registered Land Act (2018 Revision), and, where more than one person is so registered in relation to any premises, \u201cowner\u201d means either or any of those persons; \u201cvia a public wastewater system\u201d, in relation to the drainage of any premises connected to a public wastewater system, includes drainage by a sewer or drain connecting directly with a public wastewater system or draining to that system through an intermediate sewer or drain; and \u201cpremises\u201d any vehicle or vessel. (3) Subject to subsection (4), charges which are fixed in relation to any premises may be imposed so that a person is made liable in relation to those premises to pay charges for services provided by the Authority after that person has ceased to be the owner of the premises. (4) A person shall not be made liable by virtue of subsection (3) for any charges fixed in relation to any premises by the Authority, except where \u2014 (a) the person fails to inform the Authority of the ending of the person\u2019s ownership at least five working days before the day on which the person ceases to own the premises; (b) the person fails to inform the Authority of the name and address of the new owner of the premises no later than five working days after the day on which the person ceases to own the premises; and (c) the charges are in respect of a period ending no later than the sixtieth day after the day on which the person ceases to own the premises.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Projects 9. (1) The Authority may carry out and provide any works and any services relating to the design, planning, construction, maintenance or repair of a water supply or wastewater system, whether or not the system is part of or connected to a public water supply or wastewater system. (2) For the purposes of carrying out and providing any of the works or services referred to in subsection (1) \u2014 Water Authority Act (2022 Revision) (a) the Authority shall have the powers in respect of public water supply and public wastewater systems mentioned in paragraphs (a) and (b) of section 7(1); and (b) the Authority shall have power to do any thing, including the expenditure or borrowing of money, which is calculated to facilitate, or is conducive or incidental to, those purposes. (3) The powers conferred on the Authority by subsection (1) shall only be exercisable \u2014 (a) for the purposes of facilitating any of the activities of \u2014 (i) a Government school, or a private school registered under the Education Act (2010 Revision); (ii) a charitable body; (iii) a Government hospital or clinic; or (iv) a Government department or statutory corporation; or (b) for any purposes where a state of emergency has been declared under the Emergency Powers Act (2006 Revision). (4) The Cabinet may, after consultation with the Authority, direct the Authority to exercise any power conferred by subsection (1), and, if the Cabinet does so, the Cabinet may also give the Authority directions with respect to \u2014 (a) the manner in which, and time within which, the power is to be exercised; and (b) the resources of the Authority with which the power is to be exercised. (5) The Authority shall not exercise the power conferred by subsection (1) above for a purpose falling within paragraph (a) of subsection (3) except pursuant to a direction given under subsection (4) by the Cabinet. (6) The Cabinet shall not give a direction under subsection (4) unless the Cabinet is satisfied \u2014 (a) that the exercise of any power pursuant to the direction would not prevent the Authority from carrying out its duties under sections 5 and 6 or from complying with any other direction given under subsection (4); (b) that the Authority would not, solely by virtue of the direction, be likely to fail to carry out the duty specified in section 16 (duty of balancing revenue account); (c) that the Authority would be able to exercise its powers pursuant to the direction without requiring for those purposes an advance, grant or guarantee made or given under section 13; and (d) it is unlikely that the exercise of any power pursuant to the direction will have a substantially adverse effect on the development of competition in Water Authority Act (2022 Revision) the provision in the Islands of the works or services referred to in subsection (1).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Community activities 10. (1) The Authority may, subject to subsection (2), incur expenditure which, in the opinion of the Authority, is in the interests of the Islands or any or all of the residents of the Islands. (2) The Authority may incur expenditure \u2014 (a) on contributions to the funds of any sporting organisation representing residents of the Islands to facilitate or enable the participation of the organisation or its members in sporting activities, whether the participation is in or outside the Islands; (b) on contributions to the funds of any charitable body in furtherance of its work in the Islands; (c) in giving financial assistance to persons carrying on sporting or charitable activities for the purposes of enabling or facilitating them to carry out those activities; and (d) in promoting or advertising any sporting organisation, or the sporting activities of any such organisation or of its members. (3) In subsection (2) \u2014 \u201cmember\u201d, in relation to a sporting organisation, includes any person who participates in the sporting activities of the organisation or who otherwise benefits from facilities used by the organisation.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Financial procedure 11. The revenue of the Authority shall be classified under the following heads of receipts \u2014 (a) dues and charges received by virtue of this Act; (b) amounts borrowed by the Authority; and (c) miscellaneous receipts including interest on and service of investments, and such revenue shall, within seven days of receipt, be paid into a bank account approved by the Financial Secretary. (2) The revenue of the Authority shall be applied to meet the following heads of expenditure \u2014 (a) repayment of overdraft, if any, on current account; (b) interest on loans; (c) sinking fund on loan redemption; Water Authority Act (2022 Revision) (d) reimbursement to the Government of all sums expended by it in respect of the salaries, pensions, gratuities and the like of public officers seconded under section 4(1); (e) salaries and wages; (f) reserve against liabilities for pension and other terminal benefits; (g) repair and maintenance of premises and equipment and other current operating expenses; (h) compensation payments; (i) hire of transport and equipment; (j) reserve fund for depreciation, renewals and expansion; (k) recoverable charge expenditure; and (l) miscellaneous expenditure approved by the Financial Secretary. (3) Any balance of account in favour of the Authority after provision for all expenditures provided by subsection (2) up to an annual amount to be prescribed in regulations may be transferred forward to a general reserve fund, and any balance in excess of that sum paid into the general revenue of the Islands. (4) The Authority shall cause estimates of expenditure and revenue to be prepared and adopted each year in respect of the financial year following, and such estimates, when adopted, shall be published in the Gazette. (5) The Authority shall also have the right to obtain wayleaves for the construction of any works associated with the public water or wastewater system, subject to compensation as prescribed. (6) The Authority will enjoy duty free concession on all materials and equipment imported into the Islands to be used on any project.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Borrowing powers 12. (1) Subject to subsection (2), the Authority may borrow sums required by it for meeting any of its obligations or discharging any of its functions. (2) The power of the Authority to borrow shall be exercisable only with the approval of the Cabinet, as to the amount, sources of the borrowing and terms on which the borrowing may be effected. An approval given in any respect for the purposes of this subsection may be either general or limited to a particular borrowing or otherwise, and may be either unconditional or subject to conditions.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Advances, grants and guarantees 13. (1) The Cabinet may make advances and grants to the Authority out of sums placed upon the estimates of the Islands for the purpose, and approved by the Cayman Islands Parliament. Water Authority Act (2022 Revision) (2) With the approval of the Cayman Islands Parliament, the Cabinet may guarantee, in such manner and on such conditions as the Cabinet may think fit, the payment of the principal and of interest on any authorised borrowings of the Authority made otherwise than by way of advance under subsection (1). (3) Where the Cabinet is satisfied that there has been default in the repayment of any principal moneys or interest guaranteed under this section, the Cabinet shall, with the prior approval of the Standing Finance Committee of the Cayman Islands Parliament, direct the repayment out of the general assets and revenue of the Islands of the amount in respect of which there has been such default.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Repayment of advances, etc. 14. The Authority shall pay into the Treasury, at such times and in such manner as the Cabinet may direct, such amounts as may be so directed in or towards repayment of advances made to the Authority under section 13, and any sums issued in fulfilment of any guarantee given thereunder, and shall pay into the Treasury interest on what is outstanding for the time being in respect of such advances, and any sum so issued at such rate as the Cabinet may direct, and different rates of interest may be directed as respect different advances or sums and as respect interest for different periods.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Reserve funds 15. (1) Authority shall maintain a reserve fund and may, with the approval of the Financial Secretary, invest its reserve fund at interest. (2) The management of the reserve fund, the sums to be carried from time to time on the credit thereof and the application thereof shall be as the Authority may determine: Provided that \u2014 (a) no part of the reserve fund shall be applied otherwise than for the purposes of the Authority; and (b) the power of the Cabinet to issue policy directives to the Authority shall extend to the issue to it of directives as to any matter relating to the establishment or management of the reserve fund, the carrying of funds to the credit thereof or the application thereof, notwithstanding that the directive may be of a specific character.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Balancing of revenue account 16. It is the duty of the Authority to exercise and perform its functions so as to secure that its revenues are sufficient to meet all sums properly chargeable to its revenue account, including, without prejudice to the generality of that expression, provisions in respect of its obligations under sections 14 and 15 taking one year with another. Water Authority Act (2022 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Accounts and audit 17. (1) The Authority shall keep proper accounts of all its transactions to the satisfaction of the Financial Secretary and in a form which shall conform with the best commercial standards and such accounts shall be made up to the 31st day of December of each year, and shall submit the same with vouchers to the Auditor General to be audited, who shall report thereon to the Authority and the Financial Secretary. (2) The Auditor General shall be entitled, at all reasonable times, on the direction of the Cabinet, to examine such accounts and vouchers.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Reports and accounts to be laid on table 18. The Authority shall, within one month of its receipt of the Auditor General\u2019s report, prepare a report of its activities during the period to which the Auditor General\u2019s report relates; and both such reports, together with the audited accounts, shall thereupon be laid on the table of the Cayman Islands Parliament. PART III \u2013 Control of Water Resources Use\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Vesting and control of ground water 19. Subject to this Act, all ground water in the Islands shall hereinafter vest in the Crown and shall be controlled by the Authority in the name of and on behalf of the Crown.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Existing water abstractions licensed 20. (1) A person who, in the twelve months prior to the 18th April, 1983, has abstracted ground water for other than domestic purposes and who has failed, within six months of that date, to apply to the Authority for the grant of a licence under this Act, shall have created a conclusive presumption of the abandonment of the entitlement to a licence to abstract and use ground water. (2) A person who has applied to the Authority, within the period specified under subsection (1), and who has satisfied the Authority that the requirements of the said subsection have been met, shall be issued with a licence to abstract and use ground water for other than domestic purposes, and such licence shall be recorded by the Authority in the register of licences.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Contents of licence 21. (1) Every licence which was granted under section 20(2) to an applicant shall have stated on it \u2014 (a) the person to whom it was granted; (b) the location of the works; Water Authority Act (2022 Revision) (c) the maximum quantity that may be abstracted in any period, the rate of abstraction and the purpose for which the water is to be used, and the land in which respect the licence is granted; (d) the works that existed at the grant of the licence; and (e) the duration of the licence. (2) Such licence does not authorise the abstraction of water in excess of the rate and quantity specified in the licence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"When water abstraction and works lawful 22. (1) Subject to sections 20 and 21, a person who abstracts and uses ground water for other than domestic use, or to construct, enlarge or alter any works therefor, except with a licence granted under this Act commits an offence: Provided that this shall not apply to \u2014 (a) any person acting for or on behalf of the Authority; or (b) the doing of any thing for firefighting purposes, for the purposes of testing apparatus used for these purposes or for training or practise in the use of such apparatus. (2) For the purposes of subsection (1) \u2014 \u201cenlarge\u201d means to enlarge a well or other works to such extent that the maximum rate of abstraction of ground water therefrom is increased from that obtainable on the 18th April, 1983 by more than twenty-five percent.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Grant of new abstraction licences 23. (1) Applications for the obtaining or renewal of a licence to abstract ground water for commercial use shall be made and disposed of in the manner to be prescribed by regulations to be made by the Cabinet: Provided that \u2014 (a) any person wishing to object to the granting or renewal of a licence shall be given an opportunity to do so; and (b) in the issuance of a licence for the abstraction of ground water the Authority may, having regard to the preservation of water levels and the protection of the aquifer from contamination or depletion, determine safe yields, establish well spacing requirements and impose and enforce conditions and restrictions on the number of wells in an area and on the rate, time and total quantity of abstraction from each well, group of wells or all wells in the area. (2) The grant of a licence for the construction of any works shall not have the effect of dispensing with the necessity for obtaining planning permission therefor when such permission is required by the Development and Planning Act (2021 Revision). Water Authority Act (2022 Revision) (3) Nothing in the grant of a licence shall be deemed to imply any guarantee that the quantity of water therein referred to is or will be available or that, where such water may not be used without the permission of any person or authority under the Public Health Act (2021 Revision) or other statutory provision, that such permission will be granted, or otherwise derogate from such law or statutory provision. (4) A licence granted by the Authority under subsection (1), and any variation, revision, termination and diminution thereof shall be registered by the Authority in the manner prescribed by regulations. (5) Every licence granted under this section shall specify \u2014 (a) the person to whom it is granted; (b) the location of the works; (c) the maximum quantity that may be abstracted in any period, the rate of abstraction and the purpose for which the water is to be used and the land in which respect the licence is granted; (d) the works existing; and (e) the duration of the licence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Rights conditional on construction work 24. (1) Where the Authority has granted a licence subject to the construction of works within a specified period, it may, on application and notwithstanding that the period previously allowed may have expired, extend the period for the construction of such works on not more than two occasions. (2) An applicant shall notify the Authority, in the manner prescribed by the regulations, of the date of commencement and completion of the works and the Authority, at its discretion, may cause the works to be inspected during construction and on completion by an officer designated by the Authority. (3) No licence issued under this section shall be deemed to imply any guarantee that the works are properly designed or constructed nor shall support or justify any claim of any nature against the Crown, the Authority or any public officer in connection with such works.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Discretion of the Authority 25. Without derogating from the generality of the discretion of the Authority under this Part, the Authority shall, in the exercise of that discretion, have regard to the following matters \u2014 (a) the policy directives issued by the Cabinet; and (b) the provisions of the water resources development plan provided for by section 5: Water Authority Act (2022 Revision) Provided that the Authority shall not license a proposed abstraction of ground water unless it is satisfied that such abstraction is for a beneficial use as defined in this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"No prescriptive rights to water 26. No person shall, after the 18th April, 1983, acquire or be deemed to have acquired any right to abstract or use any ground water by reason of length of use or lapse of time. PART IV \u2013 Revision, Variation, Termination and Diminution of Licences\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Meaning of licence 27. For the purposes of this Part \u2014 \u201clicence\u201d shall include a licence granted section 20, 21, 22 or 23.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Inadequacy of water supply for satisfaction of water abstraction licences 28. If, at any time in any specified area, the quantity of water to which licences exist is insufficient to satisfy all such licences and unlicensed domestic abstractions, the Authority may review the allocation of ground water in that area, and in so doing they may revise the quantity allowed by any licence and the terms and conditions thereof to the use of water in that area and record such revised quantity, terms and conditions in the register of water licences and so inform the holders of the licences: Provided that the Authority shall have regard to the principle that where full use of the water has been maintained to the extent permitted by a licence, no licence shall be cancelled or reduced except in proportion with all other licences in the same area.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Suspension or variation of licences on account of excessive use 29. Where, in the opinion of the Authority, the supply of ground water from any source or in any area is or is likely to \u2014 (a) become insufficient for the needs of persons using it on account of excessive use, drought or an emergency; or (b) deteriorate in quality on account of abstraction in excessive quantities or at an excessive rate, the Authority may, at any time, suspend or vary, by notice to the holders of water licences, all or any licence to abstract or use water from that source, or in that area, for such period as the Authority may deem necessary, and upon such notice being given by the Authority, such licences shall cease for the period of suspension or shall be exercisable only as so varied, as the case may be. Water Authority Act (2022 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Variation of licence on application 30. The Authority may, on the application of the holder of a licence, terminate or diminish the right granted thereunder or vary any of the conditions thereof.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Termination for breach of a condition 31. (1) Where the holder of a licence has \u2014 (a) failed to comply with any condition, express or implied, subject to which the licence was granted; (b) abstracted or used ground water in excess of that authorised or has used ground water for a purpose not authorised by grant; or (c) committed an offence against this Act, the Authority may, by notice in writing addressed to the holder, declare the licence to be terminated: Provided that where the default is one capable of being remedied, the Authority shall first serve on the holder notice in writing specifying the default and requiring the holder to remedy the same within such time as may be specified in the notice and if the default is so remedied the Authority shall not declare the licence terminated. (2) In the case where a breach under paragraph (b) of subsection (1) occurs, the licence holder shall have committed an offence under section 61 on account of that licence holder\u2019s wasteful use.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Termination or diminution for public purposes 32. (1) Where the Cabinet deems it necessary or expedient in the interest of the use of ground water in such manner as to promote the public benefit or the utilisation of such ground water in such manner as to promote the economic well-being of the community, the Cabinet may authorise the Authority to give notice in writing addressed to the holder of any licence terminating or diminishing the licence granted thereunder to the extent that the water is required for such public benefit or economic well-being, and thereupon the licence shall lapse or shall be exercisable only as so diminished, as the case may be. (2) The holder of any licence terminated or diminished under subsection (1) shall be eligible to receive as an ex gratia payment from the Authority such sum, not exceeding three thousand dollars, as the Authority may, in its absolute discretion, determine. (3) The holder of any licence terminated or diminished under subsection (1) shall have recourse from the determination of the Authority under this section, in the manner provided for in Part X. Water Authority Act (2022 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Termination or diminution for non use 33. (1) If, at any time, the Authority has reason to believe that the holder of a licence has not, during the preceding period of twelve months, made full use of the licence, it may, by notice in writing addressed to such holder, call upon the holder of a licence to show cause why such licence should not be terminated, diminished or modified in such respects as may be specified in the notice. (2) If, within thirty days of the service of such notice, no reply has been received by the Authority, it may declare the licence terminated, diminished or modified, as the case may be. (3) The holder of a licence upon whom a notice has been served under subsection (1) may, within thirty days of such service, submit to the Authority a statement in writing of reasons why the licence should not be terminated, diminished or modified, as the case may be, and shall have a right to be heard in the matter. (4) The Authority shall consider any statement submitted to it under subsection (3) and shall, if so required, give the holder an opportunity of being heard in person or by the holder\u2019s legal representative, and may thereafter, by notice in writing addressed to the holder, declare \u2014 (a) the licence terminated; (b) the licence diminished or modified in such respects as may be specified in the declaration; or (c) the licence be unchanged. PART V \u2013 Water Pollution Control\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"When activities and discharges unlawful 34. (1) A person who undertakes any activity likely to affect ground water, including \u2014 (a) the discharge of any wastewater effluent, trade effluent or other wastes into ground water, into or onto the ground; (b) the construction, replacement or alteration of canals; or (c) quarrying, except with a permit from the Authority, and subject to such terms and conditions as it deems fit, including standards of effluent quality, commits an offence. (2) The grant of a permit for the undertaking of any activity under subsection (1) shall not have the effect of dispensing with the necessity of obtaining planning permission therefor when such permission is required by the Development and Planning Act (2021 Revision). Water Authority Act (2022 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"When discharges into territorial waters lawful 35. (1) A person who discharges any wastewater, trade effluent or other wastes into the territorial waters, except with a permit from the Authority, and subject to such terms and conditions as it deems fit, including standards of effluent quality, commits an offence. (2) Nothing in this section shall apply to the discharge of any matter or substance from a vessel into the territorial waters.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Grant of permits 36. (1) Applications for the obtaining or renewal of a permit under section 34 or 35 shall be made and disposed of in a manner prescribed by regulations: Provided that \u2014 (a) any person wishing to object to the grant or renewal of a permit shall be given an opportunity to do so; and (b) a permit shall be subject to restrictions as to its duration as may be specified in regulations. (2) A permit may be modified, suspended or revoked by the Authority \u2014 (a) for any material false statement in the permit application; (b) for breach of any condition of the permit; (c) for refusal to allow inspection of works as provided by subparagraph (v) of paragraph (f) of section 7(1); (d) to protect ground water; (e) to protect public health, public safety or public welfare; or (f) to protect any commercial, domestic or municipal uses of water.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Permits to be registered 37. Permits granted by the Authority under section 34 or 36 and any modification, suspension or revocation thereof shall be registered by the Authority in the manner to be provided by regulations. PART VI \u2013 Water Supply\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"When connections lawful 38. (1) It shall be unlawful for any person to connect their premises to a public water supply system owned or operated by the Authority, except with its consent. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for one year, Water Authority Act (2022 Revision) and upon such conviction the Authority shall disconnect the premises at the expense of the owner or occupier.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Water supply connections 39. (1) Where in any public or private road, there exist public water supply pipes or mains owned or operated by the Authority, the owners or occupiers of any premises may make application for a supply of water therefrom. (2) Upon the application being granted on the terms prescribed, the Authority shall, at the expense of the applicant, lay the necessary mains and services to bring water to the boundary of the premises or an agreed point. (3) The mains and services laid up to and including the meter located immediately within the boundary of the premises or at the agreed point shall be vested in the Authority.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Supply of water may be cut off while default continues 40. (1) Where a person who has been supplied with water under an agreement with the Authority makes default in any payment due thereunder or takes water excessively beyond the person\u2019s reasonable needs, the Authority may, thirty days after such default, cut off and discontinue such supply using any reasonable means in that behalf until the amount due together with any incidental expenses incurred to the Authority have been paid, whereupon the supply shall be restored without unreasonable delay. (2) If, at any time after the water supply has been cut off from any premises, the owner or occupier of the premises shall fraudulently obtain a renewal of supply without the order of the Authority, such owner or occupier commits an offence and is liable on conviction to a fine of fifty dollars in respect of each day during which the supply shall have been so renewed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"Purity of water for domestic purposes 41. The Authority shall secure that the water in any works belonging to it or operated by it from which water is supplied for human consumption is pure and wholesome and meets the standards of purity, both chemical and bacteriological, laid down in regulations made or to be made under section 4(1) of the Public Health Act (2021 Revision). PART VII \u2013 Wastewater and Wastewater Disposal\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"New building to be connected to wastewater system 42. (1) Subject to section 44(2), all new or reconstructed buildings within the area to which the public wastewater system extends shall be connected to it. Water Authority Act (2022 Revision) (2) On failure or neglect by the owner of any such building to connect it to the public wastewater system, the Authority may enter into the building at any reasonable time and connect the same, and the expense thereof shall become a debt due from the owner to the Authority and a charge upon the building and, in addition, the owner commits an offence and is liable on conviction to a fine of five hundred dollars and to imprisonment for six months.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Connection of existing buildings 43. (l) Subject to section 44(2), the Authority may, by notice in writing, require the owner or occupier of any existing building found by the Authority to be disposing of wastewater into ground waters or into or onto the ground to connect the building at that owner\u2019s or occupier\u2019s own expense to the public wastewater system, within such period as the Authority may allow: Provided that such a system shall be readily accessible. (2) On failure or neglect by the owner or occupier to cause any such building to be connected to the public wastewater system within the period allowed, the Authority may enter into the building at any reasonable time and connect the same, and the expense thereof shall become a debt due from the owner or occupier to the Authority and a charge upon the building and, in addition, the owner or occupier, as the case may be, commits an offence and is liable on conviction to a fine of five hundred dollars and to imprisonment for six months.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"No connection or discharge of trade effluent without consent 44. (1) No person shall connect any sewer or storm-water drain to the public wastewater system without the consent in writing of the Authority. (2) No person shall discharge any trade effluent into the wastewater system owned or operated by the Authority without a permit from the Authority and subject to such terms and conditions as it deems fit, including standards of effluent quality.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"Power of Authority to require proposed sewer to be so constructed as to form part of a central system 45. (1) Where a person proposes to construct a sewer the Authority may, if it considers that the proposed sewer is, or is likely to be needed to form part of the public wastewater systems which it has provided or is proposing to provide, require the person to construct the sewer in a manner differing, as regards materials or size of pipes, depth fall, direction or outfall, or otherwise, from the manner in which the person proposes, or could otherwise be required by it, to construct it, and it shall be the person\u2019s duty to comply with such requirements: Provided that, if the person is aggrieved by any such requirements of the Authority, the person may, within twenty eight days, appeal to the Grand Court which may either disallow the requirements or allow them with or without modification. Water Authority Act (2022 Revision) (2) The Authority, in the exercise of its powers under this section, shall repay to the person constructing the sewer the extra expenses reasonably incurred by the person in complying with its requirements and, until the sewer becomes part of the Authority\u2019s system, it shall repay to the person so much of any expenses reasonably incurred by the person in repairing or maintaining it as may be attributable to its requirements and, if any question arises as to the amount of any payment to be made to the person under this subsection, that question may, by the person\u2019s application, be determined by a court of competent jurisdiction. (3) A person who, having under this section been required by the Authority to construct a sewer in a particular manner, constructs it otherwise than in accordance with such requirement commits an offence and is liable on conviction to a fine of one thousand dollars: Provided that any such fine shall not prejudice the right of the Authority to any other remedy.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"Water pollution control 46. Nothing in this Act shall exempt the Authority, in its disposal of wastewater and trade effluents, from complying with Part V: Provided that any reference to the Authority contained in that Part, shall be construed as a reference to the Cabinet.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_47\", \"num\": \"47.\", \"text\": \"Septic tank and cesspool empties 47. (1) Any person engaged in the business of emptying septic tanks or cesspools shall apply for a permit to do so from the Authority, and all materials removed by these operators shall be disposed of as the Authority may direct and to the satisfaction of the Chief Environmental Health Officer. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of ten thousand dollars and to imprisonment for twelve months.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_48\", \"num\": \"48.\", \"text\": \"Certain matters not to be passed into Authority\u2019s sewer 48. (1) A person who throws, empties, turns or suffers or permit to be thrown, emptied or passed into any sewer under the control of the Authority, or into any sewer connecting with such a sewer \u2014 (a) any matter likely to injure the sewer, to interfere with the free flow of its contents or to prejudicially affect the treatment and disposal of its contents; (b) any chemical refuse, chemical, acid, petrol or any inflammable liquid; or (c) unless written permission from the Authority is obtained, any surface water run-off, commits an offence and is liable on conviction to a fine of ten thousand five hundred dollars and to a further fine of five hundred dollars for each day on Water Authority Act (2022 Revision) which the offence continues after first notification of the offence by the Authority. PART VIII \u2013 Licensing of Well-Diggers\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_49\", \"num\": \"49.\", \"text\": \"All commercial well-diggers to be licensed 49. A person who, for hire or reward, constructs, enlarges or alters any well without holding a well-digger\u2019s licence issued or renewed as provided by regulations commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_50\", \"num\": \"50.\", \"text\": \"Revocation of well-diggers licence 50. The Authority may, at any time, revoke a well-digger\u2019s licence if the holder has contravened any provision of this Act with which it was the holder\u2019s duty to comply, but before exercising its power under this section the Authority shall give such holder an opportunity of making representations in regard to such revocation.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_51\", \"num\": \"51.\", \"text\": \"Duties of well-diggers 51. (1) A person who, holding a well-digger\u2019s licence \u2014 (a) fails to satisfy himself prior to constructing, enlarging or altering a well for any other person that such person holds a licence enabling it to be so constructed, enlarged or altered, where such a licence is required; or (b) fails to make to the Authority such returns relating to the construction of wells by that person as may be prescribed in regulations, or who makes any such return which is incomplete or inaccurate in any detail, commits an offence. (2) In any prosecution in which it is alleged that any person holding a well-digger\u2019s licence has failed to satisfy himself as provided for in subsection (1), it shall be evidence of such failure that the person for whom the well is constructed, enlarged or altered does not hold a licence enabling such work to be done.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_52\", \"num\": \"52.\", \"text\": \"Register of licences 52. The Authority shall keep a register of well-digger\u2019s licences. Water Authority Act (2022 Revision) PART IX \u2013 Miscellaneous Powers\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_53\", \"num\": \"53.\", \"text\": \"Right to obtain information 53. (1) The Authority may, by notice in writing served on any person who is the holder of a licence or entitled to the possession of any land, require that person to keep such records and, additionally or alternatively, to furnish in such form and manner and within such time as may be specified in the notice or as may be prescribed by regulations, such periodical or other estimates or returns \u2014 (a) as the Authority may specify, for the purpose of ascertaining the amount or rate of water abstracted under the authority of a licence or the amount and quantity of wastewater or trade effluent discharge under the authority of a permit; and (b) relating to such matters as may be prescribed, as matters on which a person may be required to give information as being relevant to the conservation and best use of water in the Islands. (2) A person who, being required to keep records or to furnish estimates or returns under subsection (1), fails to do so shall, unless the person proves that that person has reasonable excuse for such failure, that person shall have committed an offence and shall be liable on conviction to the penalties specified in section 64, in addition to the suspension or cancellation of the person\u2019s licence or permit.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_54\", \"num\": \"54.\", \"text\": \"Power to inspect works, take samples 54. (1) Any person authorised by the Authority shall, on producing (if so required) some duly authenticated document showing that person\u2019s authority, be entitled at all reasonable hours to enter upon any land \u2014 (a) to monitor compliance with this Act and with any conditions subject to which a licence or permit has been granted; (b) to inspect and investigate conditions relating to the quality of ground water; and (c) to install, maintain, read or test any meter installed for the purposes of this Act. (2) Any person acting under subsection (1) is entitled to \u2014 (a) take measure to ascertain the quality of water abstracted or capable of being abstracted by means of any works; (b) examine records kept for the purpose of this Act; and (c) take a sample of any water, effluent or other substance which may appear to that person as being capable of affecting the quality of ground water. (3) Any person authorised by the Authority shall, on producing (if so required) some duly authenticated document showing that person\u2019s authority, be entitled Water Authority Act (2022 Revision) at all reasonable hours to enter upon any land to make such investigations and surveys as the Authority may consider necessary in the interests of the conservation and best use of water in the Islands, and may establish and maintain on any such land, without other authority than this Act, works for the purpose of obtaining and recording information and statistics as to the hydrological and hydrogeological condition of the Islands: Provided that compensation shall be payable by the Authority for all damage done and for any land occupied for the construction of works and, in default of agreement, the amount shall be determined by a court of competent jurisdiction. (4) A person who wilfully obstructs a person authorised by the Authority in the exercise of that person\u2019s powers under this section or interferes with or damages any works established or maintained under subsection (3) commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_55\", \"num\": \"55.\", \"text\": \"Power to require repair, etc. 55. If, in the opinion of the Authority, any works are so constructed, maintained or used or are being so constructed as to constitute a danger to life, health or property, it may require any person for the time being enjoying the benefits of those works to carry out such repairs, to effect such additions or modifications to such works, to carry out such demolition or to change the use of the works in such manner as the Authority may consider necessary, and may, by notice in writing, suspend any licence or permit granted or renewed under this Act, until it is satisfied that such requirements have been fulfilled.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_56\", \"num\": \"56.\", \"text\": \"Power to require demolition of unlawful works and stop water abstraction, pollution, etc. 56. (1) The Authority may, by notice in writing, require any person \u2014 (a) who has constructed, enlarged, altered or undertaken or caused to be constructed, enlarged, altered or undertaken any works, canals or quarrying operations contrary to this Act; or (b) whose licence, in respect of any such works or operations, has been terminated under this Act or has otherwise come to an end, to modify, demolish or remove such works or operations within such period, not being less than twenty days after the service thereof, as may be specified in the notice. (2) The Authority may, by notice in writing, require any person who causes or knowingly permits \u2014 (a) the abstraction of ground water otherwise than in accordance with this Act; (b) the discharge of any wastewater, trade effluent or other wastes into ground waters, into or onto the ground or into the territorial waters, contrary to this Act; Water Authority Act (2022 Revision) (c) the discharge of trade effluents into the public wastewater system owned or operated by Authority, otherwise than in accordance with a permit granted by the Authority; or (d) any ground water to run to waste, to take steps as may be specified in the notice either forthwith or within such time as may be specified to cease or prevent such abstraction, discharge or waste. (3) Any person on whom a notice has been served under this section who is aggrieved by the notice may, at any time within thirty days of the service thereof, appeal against the notice to a Magistrate\u2019s court; and on any such appeal the court \u2014 (a) if satisfied that the notice was an unlawful notice, may quash the same; (b) if satisfied that the notice was inequitable and that it would be appropriate to vary its terms, may vary it accordingly; or (c) in any other case, shall dismiss the appeal, and may make such order as to costs as it thinks just. (4) When an appeal is made to the court under subsection (3) by a person upon whom a notice under this section has been served, the operation of the notice shall be suspended pending the final determination or withdrawal of the appeal and, where the notice is varied on any such appeal or where the appeal is dismissed, then the court, may, if it thinks fit, direct that the notice shall not come into force until such date, not being later than twenty-eight days from the determination or dismissal of the appeal: Provided that the operation of a notice which is expressed to take effect forthwith shall not be so suspended but shall continue in operation unless the court hearing the appeal otherwise orders. (5) The Authority may, at the request of the person on whom it is served, extend any period specified in a notice under this section for the taking of any steps.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_57\", \"num\": \"57.\", \"text\": \"Supplementary provisions as to enforcement 57. (1) If any steps required to be taken by notice under section 56 have not been taken, the Authority may enter on the land and take those steps, and may recover as a simple contract debt in a court of competent jurisdiction from the holder of a licence or of a permit granted or renewed under this Act, any expenses reasonably incurred by the Authority in that behalf and, if that person having been entitled to appeal to the court under section 56 has failed to appeal, that person shall not be entitled to any proceedings to dispute the validity of the action taken by the Authority under this subsection upon any grounds that could have been raised by such an appeal. Water Authority Act (2022 Revision) (2) Subject to subsection (1), where a notice has been served under section 56(2) on the holder of a licence or of a permit granted or renewed under this Act, and within the period specified in the notice or within such extended period as the Authority may allow, any steps required by the notice have not been taken, that person commits an offence and is liable on conviction to the penalties specified in section 64, in addition to the cancellation of that person\u2019s licence or permit. PART X \u2013 Appeals\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_58\", \"num\": \"58.\", \"text\": \"Appeal to the Magistrate\u2019s Court 58. (1) Any person aggrieved by a decision of the Authority may, by notice, appeal to the Summary court. (2) A notice under this section shall be served within such time and in such manner as may be prescribed by regulations. (3) The court, subject to this section, may allow or dismiss such an appeal, or may reverse or vary any part of the decision of the Authority, whether the appeal relates to that part or not, and may otherwise deal with the appeal as if the application had been made to it in the first instance. (4) Before determining such an appeal, the court shall, if the appellant so desires, afford the appellant an opportunity of making representations to a person appointed by the court for that purpose. (5) In the exercise of its powers under this section the court shall have regard to the matters specified in section 25.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_59\", \"num\": \"59.\", \"text\": \"Appeal to the Grand Court 59. (1) Any party to an appeal under section 58 who is aggrieved by the decision of the court in the matter may appeal to the Grand Court on a point of law within twenty-one days after receipt of notification of such decision or within such longer period as the Grand Court may allow. (2) On an appeal under this section, the Grand Court may make such order, including an order for costs, as it thinks fit. (3) An order of the Grand Court made under subsection (2) shall be final and not subject to any appeal. Water Authority Act (2022 Revision) PART XI \u2013 Penalties and Supplementary\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_60\", \"num\": \"60.\", \"text\": \"Sale of ground water 60. A person who, without the authority of a licence granted under this Act, sells ground water abstracted thereunder commits an offence and is liable on conviction in addition to the penalties specified in section 64, to the revocation of that person\u2019s licence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_61\", \"num\": \"61.\", \"text\": \"Control of waste of abstraction 61. A person who causes or allows any ground water to run to waste from any well or pond, except for the purpose of testing the extent or quality of the supply or of cleaning, sterilising, examining or repairing the well or pond, commits an offence: Provided that where any water interferes or threatens to interfere with the execution or operation of any underground works it shall not be an offence under this subsection to cause or allow the water to run to waste so far as it may be necessary to enable the works to be executed if no other method of disposing of the water is reasonably practicable.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_62\", \"num\": \"62.\", \"text\": \"Wilful damage 62. A person who wilfully damages or causes to be damaged the public water supply system or the public wastewater system owned or operated by the Authority in any manner whatever commits an offence and is liable on conviction to the penalties specified in section 64, in addition to the payment of such sum as may be determined by a court of competent jurisdiction as compensation to the Authority for any expense incurred or likely to be incurred in repairing the damage.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_63\", \"num\": \"63.\", \"text\": \"False statement 63. A person who makes any statement which the person knows to be false for the purpose of procuring, either for themselves  or any other person, any licence, permit, franchise license or authority capable of being granted under this Act commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_64\", \"num\": \"64.\", \"text\": \"Penalties 64. (1) A person who commits an offence under sections 22(1), 34(1), 35, 49 or 61 is liable to a fine of six thousand dollars and to imprisonment for one year. (2) A person who commits an offence under section 51(1), 53(2), 54(4), 57(2), 60, 62 or 63, is liable to a fine of three thousand dollars and to imprisonment for six months. (3) In addition to the penalties imposed under subsections (1) and (2), the court may, in the event of a continuing offence, impose a further fine of one hundred dollars in respect of each day after the first during which the offence continues. Water Authority Act (2022 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_65\", \"num\": \"65.\", \"text\": \"Offences by corporations 65. Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect or default on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who is purporting to act in any such capacity, that person, as well as the body corporate, commits that offence and both are liable to be proceeded against and punished accordingly. 65A. Order for payment of compensation 65A. (1) Where a person is convicted of an offence under this Act, the court may make an order for the payment of compensation to any person for damage caused by the offence. (2) A claim by a person for damages sustained by reason of the offence shall be deemed to have been satisfied to the extent of any amount which has been paid to that person under an order for compensation, but the order shall not prejudice any right to a civil remedy for the recovery of damages from the person convicted of the offence beyond the amount of compensation paid under the order.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_66\", \"num\": \"66.\", \"text\": \"Connections to water supply and wastewater systems 66. All pipe-laying and other works for the purpose of connecting any premises to a water supply and wastewater system owned or operated by the Authority shall be effected by the Authority, or by a plumber licensed by the Authority under this Act under the supervision of the Authority, at the expense of the owner or occupier of such premises.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_67\", \"num\": \"67.\", \"text\": \"Central Planning Authority to consult with Authority 67. (1) Where plans for the construction, reconstruction or extension of a building are deposited with the Central Planning Authority in accordance with the Development and Planning Act (2021 Revision) four copies of such plans shall be submitted to the Authority for its approval in respect of the proposals for water supply and wastewater disposal, and the Central Planning Authority shall adopt the recommendations of the Authority in respect to wastewater treatment, disposal and water supply. (2) Before making any such recommendations, the Authority shall consult with the Chief Environmental Health Officer appointed under the Public Health Act (2021 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_68\", \"num\": \"68.\", \"text\": \"Duty of Authority to keep maps showing their sewers and supply lines 68. The Authority shall keep deposited at their offices, for inspection by any person at any reasonable hours free of charge, maps showing and distinguishing all public water supply and public wastewater lines. Water Authority Act (2022 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_69\", \"num\": \"69.\", \"text\": \"Vesting of property 69. There is vested in the Authority without further assurance \u2014 (a) such land, with the buildings and works thereon, the property of the Government, used at the 18th April, 1987, for water and wastewater purposes as the Cabinet may at any time direct; and (b) the plant, equipment and tools and other goods, the property of the Government, used in connection with such land prior or up to the 18th April, 1983, recorded in an inventory prepared at the direction of the Financial Secretary, approved by the Authority and entered as assets in the accounts of the Authority.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_70\", \"num\": \"70.\", \"text\": \"Power to make regulations 70. (1) The Cabinet may, after consultation with the Authority, make regulations \u2014 (a) prescribing anything which is required to be, or which may be prescribed; (b) prescribing the registers and records to be kept and the manner in which they are to be kept; (c) providing for the forms to be used in respect of any matter required or permitted to be done; (d) providing for the advertisement of applications for licences and permits and for the giving of notice to interested persons; (e) providing for and regulating the making of objections and the time within which such objections shall be made; (f) regulating the procedure on appeals; (g) prescribing the manner in which and the matters on which persons may be required to give information as provided in section 53, being matters relevant to the conservation and best use of water resources in the Islands; (h) prescribing standards and requirements for the drilling, construction and completion of wells, the plugging, filling or capping of boreholes not used for the production of water or the water from which is not used, and the filing of returns; (i) preventing the waste, misuse and pollution of water supplied by the Authority, including the metering of such water, and the imposing of penalties on persons who \u2014 (i) fail to comply with such regulations; (ii) interfere with any person in the execution of that person\u2019s duties under any such regulations; and (iii) damage or interfere with any meter; Water Authority Act (2022 Revision) (j) prescribing charges and fees, or the criteria for calculating charges and fees, to be paid by service providers to the Authority in respect of the various statutory functions exercised by the Authority under this Act; (k) Repealed by section 7(c) of the Water Authority (Amendment) Law, 2017; (l) Repealed by section 7(c) of the Water Authority (Amendment) Law, 2017; (m) Repealed by section 7(c) of the Water Authority (Amendment) Law, 2017; (n) Repealed by section 7(c) of the Water Authority (Amendment) Law, 2017; (o) prescribing the minimum standards and specifications to be used in the design, construction, protection and maintenance of water and wastewater installations and apparatus, the conditions under which such installations or apparatus are to be worked or operated and the prohibition of the use of dangerous apparatus; (p) prescribing qualifications for the licensing of well-diggers; (q) prescribing effluent quality standards or criteria therefor; (r) prescribing fees for licenses and permits issued under this Act; and (s) generally for the better carrying out of this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_71\", \"num\": \"71.\", \"text\": \"Fees 71. Fees prescribed in regulations shall be payable in relation to anything done by the Authority or the Cabinet under this Act, and the Authority or the Cabinet, as the case may be, may decline to exercise its powers under this Act unless such fees have been paid.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_72\", \"num\": \"72.\", \"text\": \"Service of notices, etc. 72. (1) Any notice or other document required or authorised by this Act to be served or given by the Authority or by the Cabinet shall be deemed to have been duly served or given \u2014 (a) if delivered personally to, or if left at the last known place of abode or business of, the person on or to whom the notice of other document is to be served or given; or (b) if sent by prepaid letter addressed to the person on or to whom the notice or other document is to be served or given at the person\u2019s last known place of abode or business whether in or out of the Islands. (2) Service of any notice or other document by post in accordance with paragraph (b) of subsection (1) shall prima facie be deemed to have been effected at the time when it would be delivered in the ordinary course of post. (3) Any notice or other document required to be served on or given to any person having an interest in, or being entitled to possession of, any land, shall be deemed to be duly served on all persons having an interest in and on all persons entitled to possession of the land (other than a person who has furnished an Water Authority Act (2022 Revision) address for the service on that person of any notice) if it is addressed by the description of \u201cthe occupier\u201d of the land (describing it) and is affixed conspicuously to some object on that land.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_73\", \"num\": \"73.\", \"text\": \"Transitional provisions 73. (1) A licence or other enabling instrument issued to a person to provide any aspect of water supply or wastewater services, pursuant to the Water (Production and Supply) Law, 2011[Law 2 of 2011]  or the Wastewater Collection and Treatment Law, 2011[Law 3 of 2011]  in the Islands and valid and in force immediately prior to the coming into force of the Water Authority (Amendment) Law, 2017 [Law 17 of 2017], shall, on the coming into force of the Water Authority (Amendment) Law, 2017 [Law 17 of 2017], continue to be valid and in force for the remainder of the term as if it were a licence or enabling instrument granted under the Water Sector Regulation Act (2019 Revision) and the licence or enabling instrument shall continue to be subject to each and every one of the terms, conditions and exemptions attaching to the licence or enabling instrument as if the terms, conditions and exemptions had been imposed or granted under the Water Sector Regulation Act (2019 Revision). (2) Where a person who possesses a licence or enabling instrument as described in subsection (1) has entered into an agreement with the Water Authority, being an agreement to surrender and terminate the licence or enabling instrument and to replace the same with a new licence or licences, immediately upon the surrender and termination of the licence or enabling instrument, the Office shall grant to that person the new licences on such terms, conditions and exemptions as have been so agreed, but the licences shall otherwise be subject to the Water Sector Regulation Act (2019 Revision). (3) Where, immediately prior to the coming into force of the Water Authority (Amendment) Law, 2017[Law 17 of 2017], a person is in the process of negotiating with the Water Authority an agreement to provide any aspect of water supply or wastewater services, pursuant to the Water (Production and Supply) Law, (2018 Revision) or the Wastewater Collection and Treatment Law, (2018 Revision), those negotiations shall, on the coming into force of the Water Authority (Amendment) Law, 2017[Law 17 of 2017], cease and the Office shall continue the negotiations pursuant to its functions and powers under the Water Sector Regulation Act (2019 Revision). (4) A licence or other enabling instrument issued to a person to provide any aspect of water supply or wastewater services, pursuant to the Water (Production and Supply) Law, 2011 or Wastewater Collection and Treatment Law, 2011, in the Islands and valid and in force immediately prior to the coming into force of the Water Authority (Amendment) Law, 2017[Law 17 of 2017]  shall, on the coming into force of the Water Authority (Amendment) Law, 2017 [Law 17 of 2017], be subject to the provisions of the Water Sector Regulation Act (2019 Revision) Water Authority Act (2022 Revision) and the authority of the Office, as though the licence or enabling instrument were issued by the Office under the Water Sector Regulation Act (2019 Revision). (5) All rates and charges, standards or any rules or regulatory policies that are in effect on the date of commencement of the Water Authority (Amendment) Law, 2017 [Law 17 of 2017] shall, on the coming into force of the Water Authority (Amendment) Law, 2017 [Law 17 of 2017], remain in effect as though they were determined by the Office until otherwise modified, replaced or repealed by the Office. (6) Notwithstanding the commencement of the Public Authorities Law, 2017 [Law 21 of 2017], the appointment of the Director under section 4(1) prior to the commencement of the Water Authority (Amendment) Law, 2018 [Law 14 of 2018] shall be valid and shall continue. (7) Any acts, decisions or proceedings of the Board that were carried out prior to the commencement of the Water Authority (Amendment) Law, 2018 [Law 14 of 2018]  shall not be invalid by reason only of those acts, decisions or proceedings being inconsistent with the Public Authorities Law, 2017[Law 21 of 2017]. Water Authority Act (2022 Revision) SCHEDULE SCHEDULE (section 3(4)) CONSTITUTION AND PROCEDURE OF THE AUTHORITY 1. Appointed members shall, subject to this Schedule, be eligible for reappointment. 2. An ex officio member may, in case of inability to attend a meeting, designate a delegate to attend that meeting on the ex officio member\u2019s behalf. 3. The relevant Minister or Official Member may appoint any person to act temporarily in the place of an appointed member, in case of that appointed member\u2019s absence or inability to act. 4. Appointed members may, at any time, resign their office by instrument in writing addressed to the relevant Minister or Official Member, and such shall take effect as from the date of receipt of such instrument by the relevant Minister or Official Member. 5. The Cabinet may terminate the appointment as a member of the Authority at any time if it is satisfied that \u2014 (a)  the member is not fulfilling the mandate of the Authority set by Cabinet; (b)  the member has, in the opinion of the Cabinet, an unacceptable conflict of interest; (c) the member\u2019s conduct is detrimental to the effective governance of the Board; (d)  the member has been absent from three consecutive meetings of the Board without the consent of the Chairperson of the Board; (e)  the member\u2019s conduct brings the Authority into disrepute; (f)  the member becomes bankrupt; or (g)  the member is convicted of an offence for which the member is sentenced by a court to a term of imprisonment. 6. The Authority shall meet at least once every three months and also at such other times as may be convened by the Chairperson, and all such meetings shall be held at such places and times and on such days as the Chairperson may determine. 7. If the Chairperson is absent from a meeting, the other members present at the meeting shall elect one of their number to preside thereat as Chairperson. 8. The quorum of the Board shall be a simple majority of the board members who are entitled to vote. SCHEDULE Water Authority Act (2022 Revision) 9. The decisions of the Board shall be determined by a simple majority of those board members who are entitled to vote and who are present at the board meeting, except that in the case of an equality of votes at any meeting, the Chairperson at that meeting shall have a second or casting vote. 10. Minutes shall be confirmed by the Chairperson as soon as practicable at the next subsequent meeting. 11. The validity of any proceedings shall not be affected by any vacancy amongst the members or by any defect in the appointment of any member. 12. The Authority shall have the power to co-opt any person whom it considers able to assist it in its deliberations and any person so co-opted shall be deemed to be a member for so long as that person is co-opted, save that that person shall have no vote and shall not be counted for the purposes of constituting a quorum. 13. The members of the Authority who are not public officers shall be paid such emoluments as may be determined by the relevant Minister or Official Member. 14. In this Schedule \u2014 \u201cChairperson\u201d includes a person appointed or elected, as the case may be, to act temporarily in place of the Chairperson. 15. Any member having a personal interest in any matter under consideration by the Authority shall immediately declare such interest and shall refrain from taking part in any relevant determination by the Authority. 16. Subject to this Schedule, the Authority shall have power to regulate its own proceedings. Publication in revised and consolidated form authorised by the Cabinet this 11th day of January, 2022. Kim Bullings Clerk of the Cabinet Water Authority Act (2022 Revision) ENDNOTES ENDNOTES Table of Legislation history: SL # Law\/Act # Legislation Commencement Gazette 84\/2021 Water Authority (Amendment) Act, 2018 (Commencement) Order, 2021 2-Dec-2021 LG69\/2021\/s1 56\/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89\/2020\/s1 14\/2018 Water Authority (Amendment) Law 2018 1-Jan-2022 G17\/2018\/s12 Water Authority Law (2018 Revision) 28-Mar-2018 GE28\/2018\/s8 Water Authority (Amendment) Act, 2017 (Commencement) Order, 2017 22-May-2017 GE11\/2017\/s3 17\/2017 Water Authority (Amendment) Law, 2017 22-May-2017 GE39\/2017\/s3 Water Authority Law (2011 Revision) 21-Nov-2011 G24\/2011\/s16 Water Authority (Amendment) Act, 2011 (Commencement) Order, 2011 26-May-2011 GE42\/2011\/s3 4\/2011 Water Authority (Amendment) Law, 2011 27-May-2011 G4\/2011\/s4 Water Authority Law (1996 Revision) 6-Jan-1997 G1\/1997\/s6 2\/1995 Water Authority (Amendment) Law, 1995 16-May-1995 G10\/1995\/s3 20\/1990 Miscellaneous Laws (Amendment) Law, 1990 (part) 22-Oct-1990 G22\/1990\/s7 20\/1986 Notaries Public (Amendment) Law, 1986 19-Jan-1987 G2\/1987\/s4 18\/1982 Water Authority Law, 1982 18-Apr-1983 G8\/1983\/s4 ENDNOTES Water Authority Act (2022 Revision) (Price: $8.80)\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2022_01_31\", \"date\": \"2022-01-31\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2022_01_31\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2022_01_31\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/1982\/18\", \"FRBRdate\": [{\"date\": \"2022-01-31\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1982\/18\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"1982-0018\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"18 of 1982\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"principal\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/1982\/18\/eng@2022-01-31\", \"FRBRdate\": [{\"date\": \"2022-01-31\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1982\/18\/eng@2022-01-31\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/1982\/18\/eng@2022-01-31.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1982\/18\/eng@2022-01-31.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Water Authority Act\", \"actNumber\": \"18 of 1982\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nWATER AUTHORITY ACT\n(2022 Revision)\n\nSupplement No. 7 published with Legislation Gazette No. 7 of 31st January, 2022\n.\n\nPage 2\nRevised as at 1st January, 2022\nc\n\nPUBLISHING DETAILS\nLaw 18 of 1982, as amended by the Cayman Islands Constitution (Amendment) Order\n2020 (UKSI 2020 No. 1283), and consolidated with Laws 20 of 1987, 20 of 1990 (part),\n2 of 1995, 4 of 2011, 17 of 2017 and 14 of 2018.\n\nRevised under the authority of the Law Revision Act (2020 Revision).\n\nOriginally enacted \u2014\nLaw 18 of 1982-9th December, 1982\nLaw 20 of 1987-11th September, 1987\nLaw 20 of 1990-6th September, 1990 (part)\nLaw 2 of 1995-5th April, 1995\nLaw 4 of 2011-14th January, 2011\nLaw 17 of 2017-27th March, 2017\nLaw 14 of 2018-29th June, 2018.\n\nOriginally made \u2014\nU.K. Order 2020-11th November, 2020.\n\nConsolidated and revised this 1st day of January, 2022.\n\nNote (not forming part of the Law): This revision replaces the 2018 Revision which\nshould now be discarded.\n\nWater Authority Act (2022 Revision)\nArrangement of Sections\n\nc\nRevised as at 1st January, 2022\nPage 3\n\nCAYMAN ISLANDS\n\nWATER AUTHORITY ACT\n(2022 Revision)\nArrangement of Sections\nSection\nPage\nPART I-Introduction\n1.\nShort title ...................................................................................................................................... 7\n2.\nDefinitions and interpretation ........................................................................................................ 7\nPART II \u2013 Establishment, functions and duties of the Water\nAuthority\n3.\nEstablishment and constitution of Water Authority ..................................................................... 10\n4.\nAppointment of staff .................................................................................................................... 11\n5.\nDuties of Authority ...................................................................................................................... 11\n6.\nDuty of Authority in regard to water supply and wastewater ...................................................... 12\n7.\nPowers of Authority in regard to water supply and wastewater .................................................. 13\n8.\nLiability of owners for charges .................................................................................................... 14\n9.\nProjects ....................................................................................................................................... 15\n10.\nCommunity activities ................................................................................................................... 17\n11.\nFinancial procedure .................................................................................................................... 17\n12.\nBorrowing powers ....................................................................................................................... 18\n13.\nAdvances, grants and guarantees .............................................................................................. 18\n14.\nRepayment of advances, etc. ..................................................................................................... 19\n15.\nReserve funds ............................................................................................................................ 19\n16.\nBalancing of revenue account .................................................................................................... 19\n17.\nAccounts and audit ..................................................................................................................... 20\n18.\nReports and accounts to be laid on table ................................................................................... 20\n\nArrangement of Sections\nWater Authority Act (2022 Revision)\n\nPage 4\nRevised as at 1st January, 2022\nc\n\nPART III \u2013 Control of Water Resources Use\n19.\nVesting and control of ground water .......................................................................................... 20\n20.\nExisting water abstractions licensed .......................................................................................... 20\n21.\nContents of licence .................................................................................................................... 20\n22.\nWhen water abstraction and works lawful .................................................................................. 21\n23.\nGrant of new abstraction licences .............................................................................................. 21\n24.\nRights conditional on construction work ..................................................................................... 22\n25.\nDiscretion of the Authority .......................................................................................................... 22\n26.\nNo prescriptive rights to water ................................................................................................... 23\nPART IV \u2013 Revision, Variation, Termination and Diminution\nof Licences\n27.\nMeaning of licence ..................................................................................................................... 23\n28.\nInadequacy of water supply for satisfaction of water abstraction licences ................................ 23\n29.\nSuspension or variation of licences on account of excessive use ............................................. 23\n30.\nVariation of licence on application ............................................................................................. 24\n31.\nTermination for breach of a condition ........................................................................................ 24\n32.\nTermination or diminution for public purposes ........................................................................... 24\n33.\nTermination or diminution for non use ....................................................................................... 25\nPART V \u2013 Water Pollution Control\n34.\nWhen activities and discharges unlawful ................................................................................... 25\n35.\nWhen discharges into territorial waters lawful ............................................................................ 26\n36.\nGrant of permits ......................................................................................................................... 26\n37.\nPermits to be registered ............................................................................................................. 26\nPART VI \u2013 Water Supply\n38.\nWhen connections lawful ........................................................................................................... 26\n39.\nWater supply connections .......................................................................................................... 27\n40.\nSupply of water may be cut off while default continues ............................................................. 27\n41.\nPurity of water for domestic purposes ........................................................................................ 27\nPART VII \u2013 Wastewater and Wastewater Disposal\n42.\nNew building to be connected to wastewater system ................................................................ 27\n43.\nConnection of existing buildings ................................................................................................ 28\n44.\nNo connection or discharge of trade effluent without consent ................................................... 28\n45.\nPower of Authority to require proposed sewer to be so constructed as to form part of a\ncentral system ............................................................................................................................ 28\n46.\nWater pollution control ............................................................................................................... 29\n47.\nSeptic tank and cesspool empties ............................................................................................. 29\n48.\nCertain matters not to be passed into Authority\u2019s sewer ............................................................ 29\nPART VIII \u2013 Licensing of Well-Diggers\n49.\nAll commercial well-diggers to be licensed ................................................................................ 30\n\nWater Authority Act (2022 Revision)\nArrangement of Sections\n\nc\nRevised as at 1st January, 2022\nPage 5\n\n50.\nRevocation of well-diggers licence ............................................................................................. 30\n51.\nDuties of well-diggers ................................................................................................................. 30\n52.\nRegister of licences .................................................................................................................... 30\nPART IX \u2013 Miscellaneous Powers\n53.\nRight to obtain information .......................................................................................................... 31\n54.\nPower to inspect works, take samples ....................................................................................... 31\n55.\nPower to require repair, etc. ....................................................................................................... 32\n56.\nPower to require demolition of unlawful works and stop water abstraction, pollution, etc. ......... 32\n57.\nSupplementary provisions as to enforcement ............................................................................ 33\nPART X \u2013 Appeals\n58.\nAppeal to the Magistrate\u2019s Court ................................................................................................ 34\n59.\nAppeal to the Grand Court .......................................................................................................... 34\nPART XI \u2013 Penalties and Supplementary\n60.\nSale of ground water .................................................................................................................. 35\n61.\nControl of waste of abstraction ................................................................................................... 35\n62.\nWilful damage ............................................................................................................................. 35\n63.\nFalse statement .......................................................................................................................... 35\n64.\nPenalties ..................................................................................................................................... 35\n65.\nOffences by corporations ............................................................................................................ 36\n65A. Order for payment of compensation ........................................................................................... 36\n66.\nConnections to water supply and wastewater systems .............................................................. 36\n67.\nCentral Planning Authority to consult with Authority ................................................................... 36\n68.\nDuty of Authority to keep maps showing their sewers and supply lines ..................................... 36\n69.\nVesting of property ..................................................................................................................... 37\n70.\nPower to make regulations ......................................................................................................... 37\n71.\nFees ............................................................................................................................................ 38\n72.\nService of notices, etc. ............................................................................................................... 38\n73.\nTransitional provisions ................................................................................................................ 39\nSCHEDULE\n41\nCONSTITUTION AND PROCEDURE OF THE AUTHORITY\n41\nENDNOTES\n43\nTable of Legislation history: ................................................................................................................. 43\n\nWater Authority Act (2022 Revision)\nSection 1\n\nc\nRevised as at 1st January, 2022\nPage 7\n\nCAYMAN ISLANDS\n\nWATER AUTHORITY ACT\n(2022 Revision)\n\nPART I-Introduction\n1.\nShort title\n1.\nThis Act may be cited as the Water Authority Act (2022 Revision).\n2.\nDefinitions and interpretation\n2.\n(1) In this Act \u2014\n\u201cadministrative determination\u201d has the meaning assigned to that expression\nby section 2(1) of the Utility Regulation and Competition Act (2021 Revision);\n\u201cAuthority\u201d means the Water Authority established under section 3;\n\u201cbeneficial use\u201d means the use of water in such a quantity as is necessary for\neconomic and efficient utilisation, for a purpose and in a manner which is\nconsistent with the public interest;\n\u201cbuilding\u201d includes any structure or erection of a permanent or semi-permanent\nnature and any part of a building as so defined, but does not include plant or\nmachinery comprised in a building;\n\u201ccanals\u201d means any channel works which provide sea water direct access to\ninland areas which would not normally be in direct contact with the sea;\n\u201ccapital investment plan\u201d means those additions to its assets that a service\nprovider intends to make, that, when added, will form part of its rate base as\napproved by the Office;\n\nSection 2\nWater Authority Act (2022 Revision)\n\nPage 8\nRevised as at 1st January, 2022\nc\n\n\u201ccommercial use\u201d means the sale or transport of water or the use of water on\nany premises used for carrying on any trade or business including hotels,\nrestaurants, shops and offices or any other use of water for other than domestic\nor municipal use;\n\u201cconcession\u201d means an instrument by which the Cabinet grants a right or\nprivilege enabling a person \u2014\n(a) to produce or supply water, or both, under the Water (Production and\nSupply) Act (2018 Revision); or\n(b) to collect, convey and treat wastewater under the Wastewater Collection\nand Treatment Act (2019 Revision);\n\u201cconcessionaire\u201d means a person to whom a concession has been granted;\n\u201cDirector\u201d means the Director of the Authority or any person acting on the\nDirector\u2019s authority;\n\u201cdomestic use\u201d means the use of water for washing, drinking, flushing closets,\nprivate gardening and the other usual household purposes, on any premises\nwhich are used solely for private residential purposes;\n\u201cfreshwater\u201d means water with a total dissolved solid content of five thousand\nparts per million or less;\n\u201cground water\u201d means \u2014\n(a) underground water; and\n(b) water in a pond where the removal of water from the pond will occasion\nthe seepage of underground water into the pond, and includes all water\nmade available by means of works;\n\u201cgroundwater lens\u201d means an underground source of fresh water;\n\u201clicence\u201d means a permit or other enabling instrument issued by the Authority\nunder this Act;\n\u201cmunicipal use\u201d means the utilisation of water for supplying the water\nrequirements of the community;\n\u201cnon-potable water\u201d means water which may or may not be potable water but\ncan be beneficially used, and does not include process water, wastewater or\ntrade effluent;\n\u201cOffice\u201d means the Utility Regulation and Competition Office established under\nsection 4 of the Utility Regulation and Competition Act (2021 Revision);\n\u201cpond\u201d means any place or excavation containing water other than sea water;\n\u201cpotable water\u201d means water which is intended for consumption by humans,\nthat is, water which has no impurities present in amounts sufficient to cause\ndisease or harmful physiological effects, and the bacteriological and chemical\nand aesthetic quality parameters of which comply with values established under\n\nWater Authority Act (2022 Revision)\nSection 2\n\nc\nRevised as at 1st January, 2022\nPage 9\n\nsection 4 of the Public Health Act (2021 Revision) or, if none have been\nestablished, standards established by the Authority;\n\u201cpremises\u201d means messuages, buildings, land, easements or hereditaments of\nany tenure, whether open or enclosed, whether built on or not, whether public\nor private and whether maintained or not under statutory authority, and includes\nany place or structure, or any part thereof, used or intended to be used for human\nhabitation, or for employment or any other purpose whatsoever;\n\u201cprocess water\u201d means water used in an industrial process, such as water used\nfor rinsing, cooling, chemical reactions, and gas scrubbing, and which may\nrequire specific treatment to produce the quality of water needed for the process\nbut does not include water that will be used in the actual product manufactured;\n\u201cpublic wastewater system\u201d refers to the conveyance of wastewater and trade\neffluents away from premises via a system owned or operated by the Authority;\n\u201cpublic water supply system\u201d refers to the conveyance of water into premises\nvia a system owned or operated by the Authority;\n\u201cservice provider\u201d means the Authority or any concessionaire that has been\nissued with a licence by the Office to provide water or wastewater services;\n\u201cterritorial waters\u201d means the waters of the sea within the limits of territorial\njurisdiction of the Islands;\n\u201ctrade effluent\u201d means any liquid either with or without particles or matter in\nsuspension therein, which is wholly or in part produced in the course of any\ntrade or industry carried on at trade premises but does not include domestic\nwastewater, but includes a reference to all waste in a liquid, solid or gaseous\nstate;\n\u201cunderground water\u201d means water stored below the surface of the ground in\nthe natural strata thereof and not apparent on the surface on the ground;\n\u201cwastewater\u201d means any waste substance, liquid or solid, associated with\nhuman habitation, or which contains or may be contaminated with human or\nanimal excrement or offal, or trade effluent, or both, from residences,\ncommercial buildings, industrial plants and institutions, together with any\ngroundwater, surface runoff or leachate that may be present;\n\u201cwastewater system\u201d means all works related to the collection, conveyance,\ntreatment and disposal of wastewater;\n\u201cwater\u201d means potable water and non-potable water;\n\u201cwater resources\u201d means canals, ground water, groundwater lenses, ponds,\nterritorial waters and underground water;\n\u201cwater resources\u201d includes \u2014\n(a) water flowing or situated upon the surface of any land;\n\nSection 3\nWater Authority Act (2022 Revision)\n\nPage 10\nRevised as at 1st January, 2022\nc\n\n(b) water flowing or contained in any natural course for water or any lake or\nspring, whether or not it has been altered or artificially improved;\n(c) estuarine or coastal water;\n(d) groundwater, including groundwater lens; and\n(e) any watercourse;\n\u201cwell\u201d includes any natural well, borehole, adit, tunnel, gallery or other\nexcavation constructed or used for the abstraction of ground water or for the\nintroduction of fluids directly into ground water; and\n\u201cworks\u201d includes wells, desalination plants, pumping installations, pipelines,\nreservoirs, tanks, ponds, valves, building, machinery, metering devices and\nother apparatus constructed for or used in connection with the abstraction or\nstorage of ground water, the conveyance of water or wastewater, the processing\nof water, the treatment of wastewater, the use of ground water for any purpose\nor the introduction of fluids directly into ground water whether by means of a\nwell or pipe or otherwise.\n(2) For the purpose of this Act, where land is subject to a tenancy at will, to a\ntenancy for a fixed period of less than one year or to a periodic tenancy from\nmonth to month or other period of less than one year, the person entitled to the\nreversion expectant upon the termination of any such tenancy shall be deemed\nto be the person entitled to the possession of the land.\nPART II \u2013 Establishment, functions and duties of the Water\nAuthority\n3.\nEstablishment and constitution of Water Authority\n3.\n(1) There is established a body corporate called the Water Authority which shall,\nsubject to any policy directives issued to it by the Cabinet, exercise such\nfunctions through the Islands as are assigned to it by this Act.\n(2) The affairs of the Authority shall be managed by a Board consisting of \u2014\n(a) a Chairperson appointed by the Cabinet; and\n(b) not fewer than eight and not more than ten other members appointed by\nthe Cabinet for a period not exceeding two years, and three other public\nofficers as defined in the Public Service Management Act (2018 Revision).\n(2A) The Director shall be one of the three public officers appointed under subsection\n(2).\n(2B)  The public officers under subsection (2) shall not be entitled to vote.\n\nWater Authority Act (2022 Revision)\nSection 4\n\nc\nRevised as at 1st January, 2022\nPage 11\n\n(3) No member of the Authority shall be personally liable for any act or default of\nthe Authority done or omitted to be done in good faith in the course of the\noperations of the Authority.\n(4) Subject to this section, the constitution and procedure of the Authority shall be\nin accordance with the Schedule.\n(5) The Authority shall have perpetual succession and a common seal, power to\nenter into contracts and to sue and be sued in its corporate name and shall have\npower to acquire and dispose of all kinds of property moveable or immovable\nand to do and perform such acts and things as may be allowed under this Act\nand the seal shall be authenticated by the Chairperson and one of the members\nauthorised by the Authority in that behalf; and documents not required by law\nto be under seal may be signed by the Chairperson or the secretary.\n4.\nAppointment of staff\n4.\n(1) The Board shall appoint the Director to be the Chief Executive Officer of the\nAuthority after consultation with the responsible Minister or Official Member,\nand shall, in the exercise of the Board\u2019s own deliberate judgment and subject to\nsuch conditions as the Board may impose, approve of the secondment of such\npublic officers for service with the Authority as appear necessary for the proper\nexercise of its functions.\n(2) A public officer seconded under subsection (1) shall, in relation to salary,\npension, gratuity and the like and to other rights and to discipline, be treated as\nif that public officer were not so seconded.\n(3) The Director shall be secretary to the Authority, present at all meetings and\nresponsible for the minutes of the business transacted.\n5.\nDuties of Authority\n5.\n(1) The Authority shall formulate, review and revise a water resources development\nplan for the Islands.\n(2) It is the duty of the Authority to secure consistency and continuity in the framing\nand execution of a comprehensive policy approved by the Cabinet with respect\nto the development, augmentation, conservation and best use of the water\nresources in the Islands in accordance with the water resources development\nplan referred to in subsection (1).\n(3) Without prejudice to subsections (1) and (2), it is the duty of the Authority \u2014\n(a) to establish and keep an inventory of all water resources in the Islands, and\nto establish and maintain a central bank of water related data;\n(b) to issue, record and administer licences and permits and fees in respect\nthereof;\n\nSection 6\nWater Authority Act (2022 Revision)\n\nPage 12\nRevised as at 1st January, 2022\nc\n\n(c) to protect the groundwater lenses from depletion and contamination, to\nmonitor their condition and to undertake artificial recharge programmes;\n(d) to advise the Cabinet on appropriate policies for the development,\nconservation, augmentation and best use of the water resources of the\nIslands;\n(e) to advise the Cabinet on appropriate policies and methods adopted for the\ntreatment and disposal of wastewater in the Islands;\n(f)\nto inspect any work carried out by government departments, public\nauthorities, individual users and other agencies in respect to wastewater\ndisposal and the development, conservation and use of water resources;\n(g) to establish criteria, methods and standards for data collection, project\nplanning and design, and feasibility evaluation;\n(h) to undertake or promote studies, research, educational and training\nprogrammes on water resources and supply and wastewater management;\n(i)\nto advise the Cabinet on subsidiary legislation for the implementation of\nthis Act, and on legislation affecting the conservation, development and\nuse of water resources; and\n(j)\nin general, to advise the Cabinet on any national or international plan or\nproject, as well as any international organisation with which the\nGovernment may have entered into agreement for the realisation of\nsurveys, projects and studies in the matter of water resources development\nand conservation and public water supply and wastewater treatment and\ndisposal.\n6.\nDuty of Authority in regard to water supply and wastewater\n6.\nIn addition to the duties listed in section 5, the Authority shall \u2014\n(a) provide a piped supply of water for commercial, domestic and municipal\nuse to any part of the Islands where a general scheme of supply is rational\nas determined by the Authority and forms part of capital investment plans\napproved by the Office;\n(b) provide adequate facilities for the drainage and safe disposal of wastewater\nand effluent where a general wastewater scheme is rational as determined\nby the Authority and forms part of capital investment plans approved by\nthe Office;\n(c) advise the Cabinet on the issuance of concessions for franchised operations\nunder the Water (Production and Supply) Act (2018 Revision) and in\naccordance with any law for the time being in force relating to wastewater.\n(d) Repealed by section 4(b) of the Water Authority (Amendment) Law, 2017.\n\nWater Authority Act (2022 Revision)\nSection 7\n\nc\nRevised as at 1st January, 2022\nPage 13\n\n7.\nPowers of Authority in regard to water supply and wastewater\n7.\n(1) The Authority shall have all the powers necessary for the carrying out of its\nduties under sections 5 and 6, including (subject to any concession in force) the\nsole right to provide a public water supply and public wastewater system in any\npart of the Islands and in particular, may \u2014\n(a) design, construct, take on lease or purchase by agreement, operate and\nmaintain water and wastewater works and authorise and control the\nconstruction, operation and maintenance by any person of such works;\n(b) purchase or take on lease any property which it deems necessary or\nexpedient for the purpose of constructing, extending or maintaining any\nwater and wastewater works or otherwise carrying out its functions under\nthis Act;\n(c) abstract water from any part of the Islands for the purpose of providing a\npublic water supply in accordance with section 6 and for so abstracting\nwater enter into such agreements, and construct, maintain and operate such\nworks, as may be necessary;\n(d) determine or diminish any licence which it deems necessary or expedient\nfor the purpose of providing a public water supply system;\n(e) require the installation of meters or gauges for measuring water abstracted\nunder the grant of a licence or supplied by the Authority or waste\ndischarged and to works operated by the Authority and levy charges for\nthe provision, installation, maintenance and operation of the same;\n(f)\nsubject to subsection (3), enter any land, including private roads, to \u2014\n(i)\ncarry out surveys and investigations including trial drillings and\ninspection for ground water and wastewater;\n(ii) execute any works, lay and connect pipes for water and sewers;\n(iii) demolish any unauthorised water or wastewater works;\n(iv) effect repairs to the water supply and wastewater systems; and\n(v) inspect any works which are the subject of a licence or permit under\nthis Act; and\n(g) collect rates and service fees and deposits in respect of the distribution and\nsupply of water and the disposal of wastewater; and\n(h) fix charges for any services provided in the course of carrying out the\nAuthority\u2019s functions and to demand and recover those charges from any\nperson to whom, or in relation to whose premises, the Authority provides\nservice;\n(i)\nRepealed by section 5(a)(iv) of the Water Authority (Amendment)\nLaw, 2017.\n\nSection 8\nWater Authority Act (2022 Revision)\n\nPage 14\nRevised as at 1st January, 2022\nc\n\n(2) The Authority shall exercise its powers under paragraph (d) of subsection (1) in\nthe manner provided by section 32.\n(3) In the exercise of its powers under paragraph (f) of subsection (1), the Authority\nshall give reasonable notice to the person entitled to the possession of the land,\nand shall pay reasonable compensation for any loss or damage sustained by the\nperson by reason of the carrying out of any work authorised by this section.\n(4) The Authority may exercise its powers to fix charges by reference to such\nmatters, and may adopt such methods and principles for the calculation and\nimposition of the charges as appear to the Authority to be appropriate but rates\nand charges for the provision of water supply and wastewater services shall not\nbe fixed or imposed without the prior written approval of the Office.\n(5) Repealed by section 5(c) of the Water Authority (Amendment) Law, 2017.\n(6) Repealed by section 5(c) of the Water Authority (Amendment) Law, 2017.\n(7) The Authority shall establish minimum environmental standards for the\nprotection of the environment generally, including standards for the limitation\nof discharge into the atmosphere, water or land and provisions for compliance\nwith these standards shall be included as licence obligations in licences or\nadministrative determinations issued by the Office under the Water Sector\nRegulation Act, 2017 or any other Cayman Islands\u2019s Act in force in relation to\nwater or wastewater.\n(8) For the purposes of carrying out its functions under this Act, the Authority shall\nhave power to \u2014\n(a) call for, from any person, and examine documents, including, but not\nlimited to, financial records;\n(b) require that any document submitted to the Authority be verified by\naffidavit; and\n(c) do anything that is related or incidental to what is specified in\nparagraphs (a) and (b).\n(9) Repealed by S.5(c) of the Water Authority (Amendment) Law, 2017.\n(10) Repealed by S.5(c) of the Water Authority (Amendment) Law, 2017.\n8.\nLiability of owners for charges\n8.\n(1) Subject to subsections (3) and (4) and except insofar as a provision to the\ncontrary is made by an agreement to which the Authority is a party \u2014\n(a) the connection of premises to a public water supply system, and any\nsupplies of water provided by the Authority to those premises via a public\nwater supply system, shall be treated for the purposes of this Act (and any\nregulations made or having effect under this Act) as services provided to\nthe owner for the time being of the premises so connected or supplied; and\n\nWater Authority Act (2022 Revision)\nSection 9\n\nc\nRevised as at 1st January, 2022\nPage 15\n\n(b) the connection of premises to a public wastewater system, and any\ncollection, treatment and disposal of wastewater drained from those\npremises via a public wastewater system, shall be treated for the purposes\nof this Act (and any regulations made or having effect under this Act) as\nservices provided to the owners for the time being of the premises so\nconnected or drained.\n(2) In this section \u2014\n\u201cowner\u201d, in relation to any premises, means the person who is registered as the\nproprietor of the premises under the Registered Land Act (2018 Revision), and,\nwhere more than one person is so registered in relation to any premises, \u201cowner\u201d\nmeans either or any of those persons;\n\u201cvia a public wastewater system\u201d, in relation to the drainage of any premises\nconnected to a public wastewater system, includes drainage by a sewer or drain\nconnecting directly with a public wastewater system or draining to that system\nthrough an intermediate sewer or drain; and\n\u201cpremises\u201d any vehicle or vessel.\n(3) Subject to subsection (4), charges which are fixed in relation to any premises\nmay be imposed so that a person is made liable in relation to those premises to\npay charges for services provided by the Authority after that person has ceased\nto be the owner of the premises.\n(4) A person shall not be made liable by virtue of subsection (3) for any charges\nfixed in relation to any premises by the Authority, except where \u2014\n(a) the person fails to inform the Authority of the ending of the person\u2019s\nownership at least five working days before the day on which the person\nceases to own the premises;\n(b) the person fails to inform the Authority of the name and address of the new\nowner of the premises no later than five working days after the day on\nwhich the person ceases to own the premises; and\n(c) the charges are in respect of a period ending no later than the sixtieth day\nafter the day on which the person ceases to own the premises.\n9.\nProjects\n9.\n(1) The Authority may carry out and provide any works and any services relating\nto the design, planning, construction, maintenance or repair of a water supply or\nwastewater system, whether or not the system is part of or connected to a public\nwater supply or wastewater system.\n(2) For the purposes of carrying out and providing any of the works or services\nreferred to in subsection (1) \u2014\n\nSection 9\nWater Authority Act (2022 Revision)\n\nPage 16\nRevised as at 1st January, 2022\nc\n\n(a) the Authority shall have the powers in respect of public water supply and\npublic wastewater systems mentioned in paragraphs (a) and (b) of\nsection 7(1); and\n(b) the Authority shall have power to do any thing, including the expenditure\nor borrowing of money, which is calculated to facilitate, or is conducive\nor incidental to, those purposes.\n(3) The powers conferred on the Authority by subsection (1) shall only be\nexercisable \u2014\n(a) for the purposes of facilitating any of the activities of \u2014\n(i)\na Government school, or a private school registered under the\nEducation Act (2010 Revision);\n(ii) a charitable body;\n(iii) a Government hospital or clinic; or\n(iv) a Government department or statutory corporation; or\n(b) for any purposes where a state of emergency has been declared under the\nEmergency Powers Act (2006 Revision).\n(4) The Cabinet may, after consultation with the Authority, direct the Authority to\nexercise any power conferred by subsection (1), and, if the Cabinet does so, the\nCabinet may also give the Authority directions with respect to \u2014\n(a) the manner in which, and time within which, the power is to be exercised;\nand\n(b) the resources of the Authority with which the power is to be exercised.\n(5) The Authority shall not exercise the power conferred by subsection (1) above\nfor a purpose falling within paragraph (a) of subsection (3) except pursuant to a\ndirection given under subsection (4) by the Cabinet.\n(6) The Cabinet shall not give a direction under subsection (4) unless the\nCabinet is satisfied \u2014\n(a) that the exercise of any power pursuant to the direction would not prevent\nthe Authority from carrying out its duties under sections 5 and 6 or from\ncomplying with any other direction given under subsection (4);\n(b) that the Authority would not, solely by virtue of the direction, be likely to\nfail to carry out the duty specified in section 16 (duty of balancing revenue\naccount);\n(c) that the Authority would be able to exercise its powers pursuant to the\ndirection without requiring for those purposes an advance, grant or\nguarantee made or given under section 13; and\n(d) it is unlikely that the exercise of any power pursuant to the direction will\nhave a substantially adverse effect on the development of competition in\n\nWater Authority Act (2022 Revision)\nSection 10\n\nc\nRevised as at 1st January, 2022\nPage 17\n\nthe provision in the Islands of the works or services referred to in\nsubsection (1).\n10.\nCommunity activities\n10. (1) The Authority may, subject to subsection (2), incur expenditure which, in the\nopinion of the Authority, is in the interests of the Islands or any or all of the\nresidents of the Islands.\n(2) The Authority may incur expenditure \u2014\n(a) on contributions to the funds of any sporting organisation representing\nresidents of the Islands to facilitate or enable the participation of the\norganisation or its members in sporting activities, whether the participation\nis in or outside the Islands;\n(b) on contributions to the funds of any charitable body in furtherance of its\nwork in the Islands;\n(c) in giving financial assistance to persons carrying on sporting or charitable\nactivities for the purposes of enabling or facilitating them to carry out those\nactivities; and\n(d) in promoting or advertising any sporting organisation, or the sporting\nactivities of any such organisation or of its members.\n(3) In subsection (2) \u2014\n\u201cmember\u201d, in relation to a sporting organisation, includes any person who\nparticipates in the sporting activities of the organisation or who otherwise\nbenefits from facilities used by the organisation.\n11.\nFinancial procedure\n11. The revenue of the Authority shall be classified under the following heads of\nreceipts \u2014\n(a) dues and charges received by virtue of this Act;\n(b) amounts borrowed by the Authority; and\n(c) miscellaneous receipts including interest on and service of investments,\nand such revenue shall, within seven days of receipt, be paid into a bank account\napproved by the Financial Secretary.\n(2) The revenue of the Authority shall be applied to meet the following heads of\nexpenditure \u2014\n(a) repayment of overdraft, if any, on current account;\n(b) interest on loans;\n(c) sinking fund on loan redemption;\n\nSection 12\nWater Authority Act (2022 Revision)\n\nPage 18\nRevised as at 1st January, 2022\nc\n\n(d) reimbursement to the Government of all sums expended by it in respect of\nthe salaries, pensions, gratuities and the like of public officers seconded\nunder section 4(1);\n(e) salaries and wages;\n(f)\nreserve against liabilities for pension and other terminal benefits;\n(g) repair and maintenance of premises and equipment and other current\noperating expenses;\n(h) compensation payments;\n(i)\nhire of transport and equipment;\n(j)\nreserve fund for depreciation, renewals and expansion;\n(k) recoverable charge expenditure; and\n(l)\nmiscellaneous expenditure approved by the Financial Secretary.\n(3) Any balance of account in favour of the Authority after provision for all\nexpenditures provided by subsection (2) up to an annual amount to be prescribed\nin regulations may be transferred forward to a general reserve fund, and any\nbalance in excess of that sum paid into the general revenue of the Islands.\n(4) The Authority shall cause estimates of expenditure and revenue to be prepared\nand adopted each year in respect of the financial year following, and such\nestimates, when adopted, shall be published in the Gazette.\n(5) The Authority shall also have the right to obtain wayleaves for the construction\nof any works associated with the public water or wastewater system, subject to\ncompensation as prescribed.\n(6) The Authority will enjoy duty free concession on all materials and equipment\nimported into the Islands to be used on any project.\n12.\nBorrowing powers\n12. (1) Subject to subsection (2), the Authority may borrow sums required by it for\nmeeting any of its obligations or discharging any of its functions.\n(2) The power of the Authority to borrow shall be exercisable only with the\napproval of the Cabinet, as to the amount, sources of the borrowing and terms\non which the borrowing may be effected. An approval given in any respect for\nthe purposes of this subsection may be either general or limited to a particular\nborrowing or otherwise, and may be either unconditional or subject to\nconditions.\n13.\nAdvances, grants and guarantees\n13. (1) The Cabinet may make advances and grants to the Authority out of sums placed\nupon the estimates of the Islands for the purpose, and approved by the Cayman\nIslands Parliament.\n\nWater Authority Act (2022 Revision)\nSection 14\n\nc\nRevised as at 1st January, 2022\nPage 19\n\n(2) With the approval of the Cayman Islands Parliament, the Cabinet may\nguarantee, in such manner and on such conditions as the Cabinet may think fit,\nthe payment of the principal and of interest on any authorised borrowings of the\nAuthority made otherwise than by way of advance under subsection (1).\n(3) Where the Cabinet is satisfied that there has been default in the repayment of\nany principal moneys or interest guaranteed under this section, the Cabinet shall,\nwith the prior approval of the Standing Finance Committee of the Cayman\nIslands Parliament, direct the repayment out of the general assets and revenue\nof the Islands of the amount in respect of which there has been such default.\n14.\nRepayment of advances, etc.\n14. The Authority shall pay into the Treasury, at such times and in such manner as the\nCabinet may direct, such amounts as may be so directed in or towards repayment of\nadvances made to the Authority under section 13, and any sums issued in fulfilment\nof any guarantee given thereunder, and shall pay into the Treasury interest on what is\noutstanding for the time being in respect of such advances, and any sum so issued at\nsuch rate as the Cabinet may direct, and different rates of interest may be directed as\nrespect different advances or sums and as respect interest for different periods.\n15.\nReserve funds\n15. (1) Authority shall maintain a reserve fund and may, with the approval of the\nFinancial Secretary, invest its reserve fund at interest.\n(2) The management of the reserve fund, the sums to be carried from time to time\non the credit thereof and the application thereof shall be as the Authority may\ndetermine:\nProvided that \u2014\n(a) no part of the reserve fund shall be applied otherwise than for the purposes\nof the Authority; and\n(b) the power of the Cabinet to issue policy directives to the Authority shall\nextend to the issue to it of directives as to any matter relating to the\nestablishment or management of the reserve fund, the carrying of funds to\nthe credit thereof or the application thereof, notwithstanding that the\ndirective may be of a specific character.\n16.\nBalancing of revenue account\n16. It is the duty of the Authority to exercise and perform its functions so as to secure that\nits revenues are sufficient to meet all sums properly chargeable to its revenue account,\nincluding, without prejudice to the generality of that expression, provisions in respect\nof its obligations under sections 14 and 15 taking one year with another.\n\nSection 17\nWater Authority Act (2022 Revision)\n\nPage 20\nRevised as at 1st January, 2022\nc\n\n17.\nAccounts and audit\n17. (1) The Authority shall keep proper accounts of all its transactions to the\nsatisfaction of the Financial Secretary and in a form which shall conform with\nthe best commercial standards and such accounts shall be made up to the 31st\nday of December of each year, and shall submit the same with vouchers to the\nAuditor General to be audited, who shall report thereon to the Authority and the\nFinancial Secretary.\n(2) The Auditor General shall be entitled, at all reasonable times, on the direction\nof the Cabinet, to examine such accounts and vouchers.\n18.\nReports and accounts to be laid on table\n18. The Authority shall, within one month of its receipt of the Auditor General\u2019s report,\nprepare a report of its activities during the period to which the Auditor General\u2019s\nreport relates; and both such reports, together with the audited accounts, shall\nthereupon be laid on the table of the Cayman Islands Parliament.\nPART III \u2013 Control of Water Resources Use\n19.\nVesting and control of ground water\n19. Subject to this Act, all ground water in the Islands shall hereinafter vest in the Crown\nand shall be controlled by the Authority in the name of and on behalf of the Crown.\n20.\nExisting water abstractions licensed\n20. (1) A person who, in the twelve months prior to the 18th April, 1983, has abstracted\nground water for other than domestic purposes and who has failed, within six\nmonths of that date, to apply to the Authority for the grant of a licence under\nthis Act, shall have created a conclusive presumption of the abandonment of the\nentitlement to a licence to abstract and use ground water.\n(2) A person who has applied to the Authority, within the period specified under\nsubsection (1), and who has satisfied the Authority that the requirements of the\nsaid subsection have been met, shall be issued with a licence to abstract and use\nground water for other than domestic purposes, and such licence shall be\nrecorded by the Authority in the register of licences.\n21.\nContents of licence\n21. (1) Every licence which was granted under section 20(2) to an applicant shall have\nstated on it \u2014\n(a) the person to whom it was granted;\n(b) the location of the works;\n\nWater Authority Act (2022 Revision)\nSection 22\n\nc\nRevised as at 1st January, 2022\nPage 21\n\n(c) the maximum quantity that may be abstracted in any period, the rate of\nabstraction and the purpose for which the water is to be used, and the land\nin which respect the licence is granted;\n(d) the works that existed at the grant of the licence; and\n(e) the duration of the licence.\n(2) Such licence does not authorise the abstraction of water in excess of the rate and\nquantity specified in the licence.\n22.\nWhen water abstraction and works lawful\n22. (1) Subject to sections 20 and 21, a person who abstracts and uses ground water for\nother than domestic use, or to construct, enlarge or alter any works therefor,\nexcept with a licence granted under this Act commits an offence:\nProvided that this shall not apply to \u2014\n(a) any person acting for or on behalf of the Authority; or\n(b) the doing of any thing for firefighting purposes, for the purposes of testing\napparatus used for these purposes or for training or practise in the use of\nsuch apparatus.\n(2) For the purposes of subsection (1) \u2014\n\u201cenlarge\u201d means to enlarge a well or other works to such extent that the\nmaximum rate of abstraction of ground water therefrom is increased from that\nobtainable on the 18th April, 1983 by more than twenty-five percent.\n23.\nGrant of new abstraction licences\n23. (1) Applications for the obtaining or renewal of a licence to abstract ground water\nfor commercial use shall be made and disposed of in the manner to be prescribed\nby regulations to be made by the Cabinet:\nProvided that \u2014\n(a) any person wishing to object to the granting or renewal of a licence shall\nbe given an opportunity to do so; and\n(b) in the issuance of a licence for the abstraction of ground water the\nAuthority may, having regard to the preservation of water levels and the\nprotection of the aquifer from contamination or depletion, determine safe\nyields, establish well spacing requirements and impose and enforce\nconditions and restrictions on the number of wells in an area and on the\nrate, time and total quantity of abstraction from each well, group of wells\nor all wells in the area.\n(2) The grant of a licence for the construction of any works shall not have the effect\nof dispensing with the necessity for obtaining planning permission therefor\nwhen such permission is required by the Development and Planning Act (2021\nRevision).\n\nSection 24\nWater Authority Act (2022 Revision)\n\nPage 22\nRevised as at 1st January, 2022\nc\n\n(3) Nothing in the grant of a licence shall be deemed to imply any guarantee that\nthe quantity of water therein referred to is or will be available or that, where\nsuch water may not be used without the permission of any person or authority\nunder the Public Health Act (2021 Revision) or other statutory provision, that\nsuch permission will be granted, or otherwise derogate from such law or\nstatutory provision.\n(4) A licence granted by the Authority under subsection (1), and any variation,\nrevision, termination and diminution thereof shall be registered by the Authority\nin the manner prescribed by regulations.\n(5) Every licence granted under this section shall specify \u2014\n(a) the person to whom it is granted;\n(b) the location of the works;\n(c) the maximum quantity that may be abstracted in any period, the rate of\nabstraction and the purpose for which the water is to be used and the land\nin which respect the licence is granted;\n(d) the works existing; and\n(e) the duration of the licence.\n24.\nRights conditional on construction work\n24. (1) Where the Authority has granted a licence subject to the construction of works\nwithin a specified period, it may, on application and notwithstanding that the\nperiod previously allowed may have expired, extend the period for the\nconstruction of such works on not more than two occasions.\n(2) An applicant shall notify the Authority, in the manner prescribed by the\nregulations, of the date of commencement and completion of the works and the\nAuthority, at its discretion, may cause the works to be inspected during\nconstruction and on completion by an officer designated by the Authority.\n(3) No licence issued under this section shall be deemed to imply any guarantee that\nthe works are properly designed or constructed nor shall support or justify any\nclaim of any nature against the Crown, the Authority or any public officer in\nconnection with such works.\n25.\nDiscretion of the Authority\n25. Without derogating from the generality of the discretion of the Authority under this\nPart, the Authority shall, in the exercise of that discretion, have regard to the\nfollowing matters \u2014\n(a) the policy directives issued by the Cabinet; and\n(b) the provisions of the water resources development plan provided for by\nsection 5:\n\nWater Authority Act (2022 Revision)\nSection 26\n\nc\nRevised as at 1st January, 2022\nPage 23\n\nProvided that the Authority shall not license a proposed abstraction of ground\nwater unless it is satisfied that such abstraction is for a beneficial use as defined\nin this Act.\n26.\nNo prescriptive rights to water\n26. No person shall, after the 18th April, 1983, acquire or be deemed to have acquired\nany right to abstract or use any ground water by reason of length of use or lapse\nof time.\nPART IV \u2013 Revision, Variation, Termination and Diminution of\nLicences\n27.\nMeaning of licence\n27. For the purposes of this Part \u2014\n\u201clicence\u201d shall include a licence granted section 20, 21, 22 or 23.\n28.\nInadequacy of water supply for satisfaction of water abstraction licences\n28. If, at any time in any specified area, the quantity of water to which licences exist is\ninsufficient to satisfy all such licences and unlicensed domestic abstractions, the\nAuthority may review the allocation of ground water in that area, and in so doing they\nmay revise the quantity allowed by any licence and the terms and conditions thereof\nto the use of water in that area and record such revised quantity, terms and conditions\nin the register of water licences and so inform the holders of the licences:\nProvided that the Authority shall have regard to the principle that where full use\nof the water has been maintained to the extent permitted by a licence, no licence\nshall be cancelled or reduced except in proportion with all other licences in the\nsame area.\n29.\nSuspension or variation of licences on account of excessive use\n29. Where, in the opinion of the Authority, the supply of ground water from any source\nor in any area is or is likely to \u2014\n(a) become insufficient for the needs of persons using it on account of\nexcessive use, drought or an emergency; or\n(b) deteriorate in quality on account of abstraction in excessive quantities or\nat an excessive rate,\nthe Authority may, at any time, suspend or vary, by notice to the holders of\nwater licences, all or any licence to abstract or use water from that source, or in\nthat area, for such period as the Authority may deem necessary, and upon such\nnotice being given by the Authority, such licences shall cease for the period of\nsuspension or shall be exercisable only as so varied, as the case may be.\n\nSection 30\nWater Authority Act (2022 Revision)\n\nPage 24\nRevised as at 1st January, 2022\nc\n\n30.\nVariation of licence on application\n30. The Authority may, on the application of the holder of a licence, terminate or diminish\nthe right granted thereunder or vary any of the conditions thereof.\n31.\nTermination for breach of a condition\n31. (1) Where the holder of a licence has \u2014\n(a) failed to comply with any condition, express or implied, subject to which\nthe licence was granted;\n(b) abstracted or used ground water in excess of that authorised or has used\nground water for a purpose not authorised by grant; or\n(c) committed an offence against this Act,\nthe Authority may, by notice in writing addressed to the holder, declare the\nlicence to be terminated:\nProvided that where the default is one capable of being remedied, the Authority\nshall first serve on the holder notice in writing specifying the default and\nrequiring the holder to remedy the same within such time as may be specified\nin the notice and if the default is so remedied the Authority shall not declare the\nlicence terminated.\n(2) In the case where a breach under paragraph (b) of subsection (1) occurs, the\nlicence holder shall have committed an offence under section 61 on account of\nthat licence holder\u2019s wasteful use.\n32.\nTermination or diminution for public purposes\n32. (1) Where the Cabinet deems it necessary or expedient in the interest of the use of\nground water in such manner as to promote the public benefit or the utilisation\nof such ground water in such manner as to promote the economic well-being of\nthe community, the Cabinet may authorise the Authority to give notice in\nwriting addressed to the holder of any licence terminating or diminishing the\nlicence granted thereunder to the extent that the water is required for such public\nbenefit or economic well-being, and thereupon the licence shall lapse or shall\nbe exercisable only as so diminished, as the case may be.\n(2) The holder of any licence terminated or diminished under subsection (1) shall\nbe eligible to receive as an ex gratia payment from the Authority such sum, not\nexceeding three thousand dollars, as the Authority may, in its absolute\ndiscretion, determine.\n(3) The holder of any licence terminated or diminished under subsection (1) shall\nhave recourse from the determination of the Authority under this section, in the\nmanner provided for in Part X.\n\nWater Authority Act (2022 Revision)\nSection 33\n\nc\nRevised as at 1st January, 2022\nPage 25\n\n33.\nTermination or diminution for non use\n33. (1) If, at any time, the Authority has reason to believe that the holder of a licence\nhas not, during the preceding period of twelve months, made full use of the\nlicence, it may, by notice in writing addressed to such holder, call upon the\nholder of a licence to show cause why such licence should not be terminated,\ndiminished or modified in such respects as may be specified in the notice.\n(2) If, within thirty days of the service of such notice, no reply has been received\nby the Authority, it may declare the licence terminated, diminished or modified,\nas the case may be.\n(3) The holder of a licence upon whom a notice has been served under\nsubsection (1) may, within thirty days of such service, submit to the Authority\na statement in writing of reasons why the licence should not be terminated,\ndiminished or modified, as the case may be, and shall have a right to be heard\nin the matter.\n(4) The Authority shall consider any statement submitted to it under subsection (3)\nand shall, if so required, give the holder an opportunity of being heard in person\nor by the holder\u2019s legal representative, and may thereafter, by notice in writing\naddressed to the holder, declare \u2014\n(a) the licence terminated;\n(b) the licence diminished or modified in such respects as may be specified in\nthe declaration; or\n(c) the licence be unchanged.\nPART V \u2013 Water Pollution Control\n34.\nWhen activities and discharges unlawful\n34. (1) A person who undertakes any activity likely to affect ground water, including \u2014\n(a) the discharge of any wastewater effluent, trade effluent or other wastes into\nground water, into or onto the ground;\n(b) the construction, replacement or alteration of canals; or\n(c) quarrying,\nexcept with a permit from the Authority, and subject to such terms and\nconditions as it deems fit, including standards of effluent quality, commits an\noffence.\n(2) The grant of a permit for the undertaking of any activity under subsection (1)\nshall not have the effect of dispensing with the necessity of obtaining planning\npermission therefor when such permission is required by the Development and\nPlanning Act (2021 Revision).\n\nSection 35\nWater Authority Act (2022 Revision)\n\nPage 26\nRevised as at 1st January, 2022\nc\n\n35.\nWhen discharges into territorial waters lawful\n35. (1) A person who discharges any wastewater, trade effluent or other wastes into the\nterritorial waters, except with a permit from the Authority, and subject to such\nterms and conditions as it deems fit, including standards of effluent quality,\ncommits an offence.\n(2) Nothing in this section shall apply to the discharge of any matter or substance\nfrom a vessel into the territorial waters.\n36.\nGrant of permits\n36. (1) Applications for the obtaining or renewal of a permit under section 34 or 35\nshall be made and disposed of in a manner prescribed by regulations:\nProvided that \u2014\n(a) any person wishing to object to the grant or renewal of a permit shall be\ngiven an opportunity to do so; and\n(b) a permit shall be subject to restrictions as to its duration as may be\nspecified in regulations.\n(2) A permit may be modified, suspended or revoked by the Authority \u2014\n(a) for any material false statement in the permit application;\n(b) for breach of any condition of the permit;\n(c) for refusal to allow inspection of works as provided by subparagraph (v)\nof paragraph (f) of section 7(1);\n(d) to protect ground water;\n(e) to protect public health, public safety or public welfare; or\n(f)\nto protect any commercial, domestic or municipal uses of water.\n37.\nPermits to be registered\n37. Permits granted by the Authority under section 34 or 36 and any modification,\nsuspension or revocation thereof shall be registered by the Authority in the manner to\nbe provided by regulations.\nPART VI \u2013 Water Supply\n38.\nWhen connections lawful\n38. (1) It shall be unlawful for any person to connect their premises to a public water\nsupply system owned or operated by the Authority, except with its consent.\n(2) A person who contravenes subsection (1) commits an offence and is liable on\nconviction to a fine of one thousand dollars and to imprisonment for one year,\n\nWater Authority Act (2022 Revision)\nSection 39\n\nc\nRevised as at 1st January, 2022\nPage 27\n\nand upon such conviction the Authority shall disconnect the premises at the\nexpense of the owner or occupier.\n39.\nWater supply connections\n39. (1) Where in any public or private road, there exist public water supply pipes or\nmains owned or operated by the Authority, the owners or occupiers of any\npremises may make application for a supply of water therefrom.\n(2) Upon the application being granted on the terms prescribed, the Authority shall,\nat the expense of the applicant, lay the necessary mains and services to bring\nwater to the boundary of the premises or an agreed point.\n(3) The mains and services laid up to and including the meter located immediately\nwithin the boundary of the premises or at the agreed point shall be vested in the\nAuthority.\n40.\nSupply of water may be cut off while default continues\n40. (1) Where a person who has been supplied with water under an agreement with the\nAuthority makes default in any payment due thereunder or takes water\nexcessively beyond the person\u2019s reasonable needs, the Authority may, thirty\ndays after such default, cut off and discontinue such supply using any reasonable\nmeans in that behalf until the amount due together with any incidental expenses\nincurred to the Authority have been paid, whereupon the supply shall be restored\nwithout unreasonable delay.\n(2) If, at any time after the water supply has been cut off from any premises, the\nowner or occupier of the premises shall fraudulently obtain a renewal of supply\nwithout the order of the Authority, such owner or occupier commits an offence\nand is liable on conviction to a fine of fifty dollars in respect of each day during\nwhich the supply shall have been so renewed.\n41.\nPurity of water for domestic purposes\n41. The Authority shall secure that the water in any works belonging to it or operated by\nit from which water is supplied for human consumption is pure and wholesome and\nmeets the standards of purity, both chemical and bacteriological, laid down in\nregulations made or to be made under section 4(1) of the Public Health Act (2021\nRevision).\nPART VII \u2013 Wastewater and Wastewater Disposal\n42.\nNew building to be connected to wastewater system\n42. (1) Subject to section 44(2), all new or reconstructed buildings within the area to\nwhich the public wastewater system extends shall be connected to it.\n\nSection 43\nWater Authority Act (2022 Revision)\n\nPage 28\nRevised as at 1st January, 2022\nc\n\n(2) On failure or neglect by the owner of any such building to connect it to the\npublic wastewater system, the Authority may enter into the building at any\nreasonable time and connect the same, and the expense thereof shall become a\ndebt due from the owner to the Authority and a charge upon the building and,\nin addition, the owner commits an offence and is liable on conviction to a fine\nof five hundred dollars and to imprisonment for six months.\n43.\nConnection of existing buildings\n43. (l)\nSubject to section 44(2), the Authority may, by notice in writing, require the\nowner or occupier of any existing building found by the Authority to be\ndisposing of wastewater into ground waters or into or onto the ground to connect\nthe building at that owner\u2019s or occupier\u2019s own expense to the public wastewater\nsystem, within such period as the Authority may allow:\nProvided that such a system shall be readily accessible.\n(2) On failure or neglect by the owner or occupier to cause any such building to be\nconnected to the public wastewater system within the period allowed, the\nAuthority may enter into the building at any reasonable time and connect the\nsame, and the expense thereof shall become a debt due from the owner or\noccupier to the Authority and a charge upon the building and, in addition, the\nowner or occupier, as the case may be, commits an offence and is liable on\nconviction to a fine of five hundred dollars and to imprisonment for six months.\n44.\nNo connection or discharge of trade effluent without consent\n44. (1) No person shall connect any sewer or storm-water drain to the public wastewater\nsystem without the consent in writing of the Authority.\n(2) No person shall discharge any trade effluent into the wastewater system owned\nor operated by the Authority without a permit from the Authority and subject to\nsuch terms and conditions as it deems fit, including standards of effluent quality.\n45.\nPower of Authority to require proposed sewer to be so constructed as to\nform part of a central system\n45. (1) Where a person proposes to construct a sewer the Authority may, if it considers\nthat the proposed sewer is, or is likely to be needed to form part of the public\nwastewater systems which it has provided or is proposing to provide, require the\nperson to construct the sewer in a manner differing, as regards materials or size\nof pipes, depth fall, direction or outfall, or otherwise, from the manner in which\nthe person proposes, or could otherwise be required by it, to construct it, and it\nshall be the person\u2019s duty to comply with such requirements:\nProvided that, if the person is aggrieved by any such requirements of the\nAuthority, the person may, within twenty eight days, appeal to the Grand Court\nwhich may either disallow the requirements or allow them with or without\nmodification.\n\nWater Authority Act (2022 Revision)\nSection 46\n\nc\nRevised as at 1st January, 2022\nPage 29\n\n(2) The Authority, in the exercise of its powers under this section, shall repay to the\nperson constructing the sewer the extra expenses reasonably incurred by the\nperson in complying with its requirements and, until the sewer becomes part of\nthe Authority\u2019s system, it shall repay to the person so much of any expenses\nreasonably incurred by the person in repairing or maintaining it as may be\nattributable to its requirements and, if any question arises as to the amount of\nany payment to be made to the person under this subsection, that question may,\nby the person\u2019s application, be determined by a court of competent jurisdiction.\n(3) A person who, having under this section been required by the Authority to\nconstruct a sewer in a particular manner, constructs it otherwise than in\naccordance with such requirement commits an offence and is liable on\nconviction to a fine of one thousand dollars:\nProvided that any such fine shall not prejudice the right of the Authority to any\nother remedy.\n46.\nWater pollution control\n46. Nothing in this Act shall exempt the Authority, in its disposal of wastewater and trade\neffluents, from complying with Part V:\nProvided that any reference to the Authority contained in that Part, shall be construed\nas a reference to the Cabinet.\n47.\nSeptic tank and cesspool empties\n47. (1) Any person engaged in the business of emptying septic tanks or cesspools shall\napply for a permit to do so from the Authority, and all materials removed by\nthese operators shall be disposed of as the Authority may direct and to the\nsatisfaction of the Chief Environmental Health Officer.\n(2) A person who contravenes subsection (1) commits an offence and is liable on\nconviction to a fine of ten thousand dollars and to imprisonment for twelve\nmonths.\n48.\nCertain matters not to be passed into Authority\u2019s sewer\n48. (1) A person who throws, empties, turns or suffers or permit to be thrown, emptied\nor passed into any sewer under the control of the Authority, or into any sewer\nconnecting with such a sewer \u2014\n(a) any matter likely to injure the sewer, to interfere with the free flow of its\ncontents or to prejudicially affect the treatment and disposal of its contents;\n(b) any chemical refuse, chemical, acid, petrol or any inflammable liquid; or\n(c) unless written permission from the Authority is obtained, any surface\nwater run-off,\ncommits an offence and is liable on conviction to a fine of ten thousand five\nhundred dollars and to a further fine of five hundred dollars for each day on\n\nSection 49\nWater Authority Act (2022 Revision)\n\nPage 30\nRevised as at 1st January, 2022\nc\n\nwhich the offence continues after first notification of the offence by the\nAuthority.\nPART VIII \u2013 Licensing of Well-Diggers\n49.\nAll commercial well-diggers to be licensed\n49. A person who, for hire or reward, constructs, enlarges or alters any well without\nholding a well-digger\u2019s licence issued or renewed as provided by regulations commits\nan offence.\n50.\nRevocation of well-diggers licence\n50. The Authority may, at any time, revoke a well-digger\u2019s licence if the holder has\ncontravened any provision of this Act with which it was the holder\u2019s duty to comply,\nbut before exercising its power under this section the Authority shall give such holder\nan opportunity of making representations in regard to such revocation.\n51.\nDuties of well-diggers\n51. (1) A person who, holding a well-digger\u2019s licence \u2014\n(a) fails to satisfy himself prior to constructing, enlarging or altering a well for\nany other person that such person holds a licence enabling it to be so\nconstructed, enlarged or altered, where such a licence is required; or\n(b) fails to make to the Authority such returns relating to the construction of\nwells by that person as may be prescribed in regulations, or who makes\nany such return which is incomplete or inaccurate in any detail,\ncommits an offence.\n(2) In any prosecution in which it is alleged that any person holding a well-digger\u2019s\nlicence has failed to satisfy himself as provided for in subsection (1), it shall be\nevidence of such failure that the person for whom the well is constructed,\nenlarged or altered does not hold a licence enabling such work to be done.\n52.\nRegister of licences\n52. The Authority shall keep a register of well-digger\u2019s licences.\n\nWater Authority Act (2022 Revision)\nSection 53\n\nc\nRevised as at 1st January, 2022\nPage 31\n\nPART IX \u2013 Miscellaneous Powers\n53.\nRight to obtain information\n53. (1) The Authority may, by notice in writing served on any person who is the holder\nof a licence or entitled to the possession of any land, require that person to keep\nsuch records and, additionally or alternatively, to furnish in such form and\nmanner and within such time as may be specified in the notice or as may be\nprescribed by regulations, such periodical or other estimates or returns \u2014\n(a) as the Authority may specify, for the purpose of ascertaining the amount\nor rate of water abstracted under the authority of a licence or the amount\nand quantity of wastewater or trade effluent discharge under the authority\nof a permit; and\n(b) relating to such matters as may be prescribed, as matters on which a person\nmay be required to give information as being relevant to the conservation\nand best use of water in the Islands.\n(2) A person who, being required to keep records or to furnish estimates or returns\nunder subsection (1), fails to do so shall, unless the person proves that that\nperson has reasonable excuse for such failure, that person shall have committed\nan offence and shall be liable on conviction to the penalties specified in\nsection 64, in addition to the suspension or cancellation of the person\u2019s licence\nor permit.\n54.\nPower to inspect works, take samples\n54. (1) Any person authorised by the Authority shall, on producing (if so required)\nsome duly authenticated document showing that person\u2019s authority, be entitled\nat all reasonable hours to enter upon any land \u2014\n(a) to monitor compliance with this Act and with any conditions subject to\nwhich a licence or permit has been granted;\n(b) to inspect and investigate conditions relating to the quality of ground\nwater; and\n(c) to install, maintain, read or test any meter installed for the purposes of this\nAct.\n(2) Any person acting under subsection (1) is entitled to \u2014\n(a) take measure to ascertain the quality of water abstracted or capable of\nbeing abstracted by means of any works;\n(b) examine records kept for the purpose of this Act; and\n(c) take a sample of any water, effluent or other substance which may appear\nto that person as being capable of affecting the quality of ground water.\n(3) Any person authorised by the Authority shall, on producing (if so required)\nsome duly authenticated document showing that person\u2019s authority, be entitled\n\nSection 55\nWater Authority Act (2022 Revision)\n\nPage 32\nRevised as at 1st January, 2022\nc\n\nat all reasonable hours to enter upon any land to make such investigations and\nsurveys as the Authority may consider necessary in the interests of the\nconservation and best use of water in the Islands, and may establish and maintain\non any such land, without other authority than this Act, works for the purpose\nof obtaining and recording information and statistics as to the hydrological and\nhydrogeological condition of the Islands:\nProvided that compensation shall be payable by the Authority for all damage\ndone and for any land occupied for the construction of works and, in default of\nagreement, the amount shall be determined by a court of competent jurisdiction.\n(4) A person who wilfully obstructs a person authorised by the Authority in the\nexercise of that person\u2019s powers under this section or interferes with or damages\nany works established or maintained under subsection (3) commits an offence.\n55.\nPower to require repair, etc.\n55. If, in the opinion of the Authority, any works are so constructed, maintained or used\nor are being so constructed as to constitute a danger to life, health or property, it may\nrequire any person for the time being enjoying the benefits of those works to carry\nout such repairs, to effect such additions or modifications to such works, to carry out\nsuch demolition or to change the use of the works in such manner as the Authority\nmay consider necessary, and may, by notice in writing, suspend any licence or permit\ngranted or renewed under this Act, until it is satisfied that such requirements have\nbeen fulfilled.\n56.\nPower to require demolition of unlawful works and stop water abstraction,\npollution, etc.\n56. (1) The Authority may, by notice in writing, require any person \u2014\n(a) who has constructed, enlarged, altered or undertaken or caused to be\nconstructed, enlarged, altered or undertaken any works, canals or\nquarrying operations contrary to this Act; or\n(b) whose licence, in respect of any such works or operations, has been\nterminated under this Act or has otherwise come to an end,\nto modify, demolish or remove such works or operations within such period, not\nbeing less than twenty days after the service thereof, as may be specified in the\nnotice.\n(2) The Authority may, by notice in writing, require any person who causes or\nknowingly permits \u2014\n(a) the abstraction of ground water otherwise than in accordance with this Act;\n(b) the discharge of any wastewater, trade effluent or other wastes into ground\nwaters, into or onto the ground or into the territorial waters, contrary to\nthis Act;\n\nWater Authority Act (2022 Revision)\nSection 57\n\nc\nRevised as at 1st January, 2022\nPage 33\n\n(c) the discharge of trade effluents into the public wastewater system owned\nor operated by Authority, otherwise than in accordance with a permit\ngranted by the Authority; or\n(d) any ground water to run to waste,\nto take steps as may be specified in the notice either forthwith or within such\ntime as may be specified to cease or prevent such abstraction, discharge or\nwaste.\n(3) Any person on whom a notice has been served under this section who is\naggrieved by the notice may, at any time within thirty days of the service thereof,\nappeal against the notice to a Magistrate\u2019s court; and on any such appeal the\ncourt \u2014\n(a) if satisfied that the notice was an unlawful notice, may quash the same;\n(b) if satisfied that the notice was inequitable and that it would be appropriate\nto vary its terms, may vary it accordingly; or\n(c) in any other case, shall dismiss the appeal,\nand may make such order as to costs as it thinks just.\n(4) When an appeal is made to the court under subsection (3) by a person upon\nwhom a notice under this section has been served, the operation of the notice\nshall be suspended pending the final determination or withdrawal of the appeal\nand, where the notice is varied on any such appeal or where the appeal is\ndismissed, then the court, may, if it thinks fit, direct that the notice shall not\ncome into force until such date, not being later than twenty-eight days from the\ndetermination or dismissal of the appeal:\nProvided that the operation of a notice which is expressed to take effect\nforthwith shall not be so suspended but shall continue in operation unless the\ncourt hearing the appeal otherwise orders.\n(5) The Authority may, at the request of the person on whom it is served, extend\nany period specified in a notice under this section for the taking of any steps.\n57.\nSupplementary provisions as to enforcement\n57. (1) If any steps required to be taken by notice under section 56 have not been taken,\nthe Authority may enter on the land and take those steps, and may recover as a\nsimple contract debt in a court of competent jurisdiction from the holder of a\nlicence or of a permit granted or renewed under this Act, any expenses\nreasonably incurred by the Authority in that behalf and, if that person having\nbeen entitled to appeal to the court under section 56 has failed to appeal, that\nperson shall not be entitled to any proceedings to dispute the validity of the\naction taken by the Authority under this subsection upon any grounds that could\nhave been raised by such an appeal.\n\nSection 58\nWater Authority Act (2022 Revision)\n\nPage 34\nRevised as at 1st January, 2022\nc\n\n(2) Subject to subsection (1), where a notice has been served under section 56(2) on\nthe holder of a licence or of a permit granted or renewed under this Act, and\nwithin the period specified in the notice or within such extended period as the\nAuthority may allow, any steps required by the notice have not been taken, that\nperson commits an offence and is liable on conviction to the penalties specified\nin section 64, in addition to the cancellation of that person\u2019s licence or permit.\nPART X \u2013 Appeals\n58.\nAppeal to the Magistrate\u2019s Court\n58. (1) Any person aggrieved by a decision of the Authority may, by notice, appeal to\nthe Summary court.\n(2) A notice under this section shall be served within such time and in such manner\nas may be prescribed by regulations.\n(3) The court, subject to this section, may allow or dismiss such an appeal, or may\nreverse or vary any part of the decision of the Authority, whether the appeal\nrelates to that part or not, and may otherwise deal with the appeal as if the\napplication had been made to it in the first instance.\n(4) Before determining such an appeal, the court shall, if the appellant so desires,\nafford the appellant an opportunity of making representations to a person\nappointed by the court for that purpose.\n(5) In the exercise of its powers under this section the court shall have regard to the\nmatters specified in section 25.\n59.\nAppeal to the Grand Court\n59. (1) Any party to an appeal under section 58 who is aggrieved by the decision of the\ncourt in the matter may appeal to the Grand Court on a point of law within\ntwenty-one days after receipt of notification of such decision or within such\nlonger period as the Grand Court may allow.\n(2) On an appeal under this section, the Grand Court may make such order,\nincluding an order for costs, as it thinks fit.\n(3) An order of the Grand Court made under subsection (2) shall be final and not\nsubject to any appeal.\n\nWater Authority Act (2022 Revision)\nSection 60\n\nc\nRevised as at 1st January, 2022\nPage 35\n\nPART XI \u2013 Penalties and Supplementary\n60.\nSale of ground water\n60. A person who, without the authority of a licence granted under this Act, sells ground\nwater abstracted thereunder commits an offence and is liable on conviction in addition\nto the penalties specified in section 64, to the revocation of that person\u2019s licence.\n61.\nControl of waste of abstraction\n61. A person who causes or allows any ground water to run to waste from any well or\npond, except for the purpose of testing the extent or quality of the supply or of\ncleaning, sterilising, examining or repairing the well or pond, commits an offence:\nProvided that where any water interferes or threatens to interfere with the\nexecution or operation of any underground works it shall not be an offence under\nthis subsection to cause or allow the water to run to waste so far as it may be\nnecessary to enable the works to be executed if no other method of disposing of\nthe water is reasonably practicable.\n62.\nWilful damage\n62. A person who wilfully damages or causes to be damaged the public water supply\nsystem or the public wastewater system owned or operated by the Authority in any\nmanner whatever commits an offence and is liable on conviction to the penalties\nspecified in section 64, in addition to the payment of such sum as may be determined\nby a court of competent jurisdiction as compensation to the Authority for any expense\nincurred or likely to be incurred in repairing the damage.\n63.\nFalse statement\n63. A person who makes any statement which the person knows to be false for the\npurpose of procuring, either for themselves  or any other person, any licence, permit,\nfranchise license or authority capable of being granted under this Act commits an\noffence.\n64.\nPenalties\n64. (1) A person who commits an offence under sections 22(1), 34(1), 35, 49 or 61 is\nliable to a fine of six thousand dollars and to imprisonment for one year.\n(2) A person who commits an offence under section 51(1), 53(2), 54(4), 57(2), 60,\n62 or 63, is liable to a fine of three thousand dollars and to imprisonment for six\nmonths.\n(3) In addition to the penalties imposed under subsections (1) and (2), the court\nmay, in the event of a continuing offence, impose a further fine of one hundred\ndollars in respect of each day after the first during which the offence continues.\n\nSection 65\nWater Authority Act (2022 Revision)\n\nPage 36\nRevised as at 1st January, 2022\nc\n\n65.\nOffences by corporations\n65. Where an offence under this Act which has been committed by a body corporate is\nproved to have been committed with the consent or connivance of, or to be\nattributable to any neglect or default on the part of, a director, manager, secretary or\nother similar officer of the body corporate, or any person who is purporting to act in\nany such capacity, that person, as well as the body corporate, commits that offence\nand both are liable to be proceeded against and punished accordingly.\n65A. Order for payment of compensation\n65A. (1) Where a person is convicted of an offence under this Act, the court may make\nan order for the payment of compensation to any person for damage caused by\nthe offence.\n(2) A claim by a person for damages sustained by reason of the offence shall be\ndeemed to have been satisfied to the extent of any amount which has been paid\nto that person under an order for compensation, but the order shall not prejudice\nany right to a civil remedy for the recovery of damages from the person\nconvicted of the offence beyond the amount of compensation paid under the\norder.\n66.\nConnections to water supply and wastewater systems\n66. All pipe-laying and other works for the purpose of connecting any premises to a water\nsupply and wastewater system owned or operated by the Authority shall be effected\nby the Authority, or by a plumber licensed by the Authority under this Act under the\nsupervision of the Authority, at the expense of the owner or occupier of such\npremises.\n67.\nCentral Planning Authority to consult with Authority\n67. (1) Where plans for the construction, reconstruction or extension of a building are\ndeposited with the Central Planning Authority in accordance with the\nDevelopment and Planning Act (2021 Revision) four copies of such plans shall\nbe submitted to the Authority for its approval in respect of the proposals for\nwater supply and wastewater disposal, and the Central Planning Authority shall\nadopt the recommendations of the Authority in respect to wastewater treatment,\ndisposal and water supply.\n(2) Before making any such recommendations, the Authority shall consult with the\nChief Environmental Health Officer appointed under the Public Health Act\n(2021 Revision).\n68.\nDuty of Authority to keep maps showing their sewers and supply lines\n68. The Authority shall keep deposited at their offices, for inspection by any person at\nany reasonable hours free of charge, maps showing and distinguishing all public water\nsupply and public wastewater lines.\n\nWater Authority Act (2022 Revision)\nSection 69\n\nc\nRevised as at 1st January, 2022\nPage 37\n\n69.\nVesting of property\n69. There is vested in the Authority without further assurance \u2014\n(a) such land, with the buildings and works thereon, the property of the\nGovernment, used at the 18th April, 1987, for water and wastewater\npurposes as the Cabinet may at any time direct; and\n(b) the plant, equipment and tools and other goods, the property of the\nGovernment, used in connection with such land prior or up to the 18th\nApril, 1983, recorded in an inventory prepared at the direction of the\nFinancial Secretary, approved by the Authority and entered as assets in the\naccounts of the Authority.\n70.\nPower to make regulations\n70. (1) The Cabinet may, after consultation with the Authority, make regulations \u2014\n(a) prescribing anything which is required to be, or which may be prescribed;\n(b) prescribing the registers and records to be kept and the manner in which\nthey are to be kept;\n(c) providing for the forms to be used in respect of any matter required or\npermitted to be done;\n(d) providing for the advertisement of applications for licences and permits\nand for the giving of notice to interested persons;\n(e) providing for and regulating the making of objections and the time within\nwhich such objections shall be made;\n(f)\nregulating the procedure on appeals;\n(g) prescribing the manner in which and the matters on which persons may be\nrequired to give information as provided in section 53, being matters\nrelevant to the conservation and best use of water resources in the Islands;\n(h) prescribing standards and requirements for the drilling, construction and\ncompletion of wells, the plugging, filling or capping of boreholes not used\nfor the production of water or the water from which is not used, and the\nfiling of returns;\n(i)\npreventing the waste, misuse and pollution of water supplied by the\nAuthority, including the metering of such water, and the imposing of\npenalties on persons who \u2014\n(i)\nfail to comply with such regulations;\n(ii) interfere with any person in the execution of that person\u2019s duties\nunder any such regulations; and\n(iii) damage or interfere with any meter;\n\nSection 71\nWater Authority Act (2022 Revision)\n\nPage 38\nRevised as at 1st January, 2022\nc\n\n(j)\nprescribing charges and fees, or the criteria for calculating charges and\nfees, to be paid by service providers to the Authority in respect of the\nvarious statutory functions exercised by the Authority under this Act;\n(k) Repealed by section 7(c) of the Water Authority (Amendment) Law, 2017;\n(l)\nRepealed by section 7(c) of the Water Authority (Amendment) Law, 2017;\n(m) Repealed by section 7(c) of the Water Authority (Amendment) Law, 2017;\n(n) Repealed by section 7(c) of the Water Authority (Amendment) Law, 2017;\n(o) prescribing the minimum standards and specifications to be used in the\ndesign, construction, protection and maintenance of water and wastewater\ninstallations and apparatus, the conditions under which such installations\nor apparatus are to be worked or operated and the prohibition of the use of\ndangerous apparatus;\n(p) prescribing qualifications for the licensing of well-diggers;\n(q) prescribing effluent quality standards or criteria therefor;\n(r)\nprescribing fees for licenses and permits issued under this Act; and\n(s)\ngenerally for the better carrying out of this Act.\n71.\nFees\n71. Fees prescribed in regulations shall be payable in relation to anything done by the\nAuthority or the Cabinet under this Act, and the Authority or the Cabinet, as the case\nmay be, may decline to exercise its powers under this Act unless such fees have been\npaid.\n72.\nService of notices, etc.\n72. (1) Any notice or other document required or authorised by this Act to be served or\ngiven by the Authority or by the Cabinet shall be deemed to have been duly\nserved or given \u2014\n(a) if delivered personally to, or if left at the last known place of abode or\nbusiness of, the person on or to whom the notice of other document is to\nbe served or given; or\n(b) if sent by prepaid letter addressed to the person on or to whom the notice\nor other document is to be served or given at the person\u2019s last known place\nof abode or business whether in or out of the Islands.\n(2) Service of any notice or other document by post in accordance with\nparagraph (b) of subsection (1) shall prima facie be deemed to have been\neffected at the time when it would be delivered in the ordinary course of post.\n(3) Any notice or other document required to be served on or given to any person\nhaving an interest in, or being entitled to possession of, any land, shall be\ndeemed to be duly served on all persons having an interest in and on all persons\nentitled to possession of the land (other than a person who has furnished an\n\nWater Authority Act (2022 Revision)\nSection 73\n\nc\nRevised as at 1st January, 2022\nPage 39\n\naddress for the service on that person of any notice) if it is addressed by the\ndescription of \u201cthe occupier\u201d of the land (describing it) and is affixed\nconspicuously to some object on that land.\n73.\nTransitional provisions\n73. (1) A licence or other enabling instrument issued to a person to provide any aspect\nof water supply or wastewater services, pursuant to the Water (Production and\nSupply) Law, 2011[Law 2 of 2011]  or the Wastewater Collection and Treatment\nLaw, 2011[Law 3 of 2011]  in the Islands and valid and in force immediately\nprior to the coming into force of the Water Authority (Amendment) Law, 2017\n[Law 17 of 2017], shall, on the coming into force of the Water Authority\n(Amendment) Law, 2017 [Law 17 of 2017], continue to be valid and in force for\nthe remainder of the term as if it were a licence or enabling instrument granted\nunder the Water Sector Regulation Act (2019 Revision) and the licence or\nenabling instrument shall continue to be subject to each and every one of the\nterms, conditions and exemptions attaching to the licence or enabling instrument\nas if the terms, conditions and exemptions had been imposed or granted under\nthe Water Sector Regulation Act (2019 Revision).\n(2) Where a person who possesses a licence or enabling instrument as described in\nsubsection (1) has entered into an agreement with the Water Authority, being an\nagreement to surrender and terminate the licence or enabling instrument and to\nreplace the same with a new licence or licences, immediately upon the surrender\nand termination of the licence or enabling instrument, the Office shall grant to\nthat person the new licences on such terms, conditions and exemptions as have\nbeen so agreed, but the licences shall otherwise be subject to the Water Sector\nRegulation Act (2019 Revision).\n(3) Where, immediately prior to the coming into force of the Water Authority\n(Amendment) Law, 2017[Law 17 of 2017], a person is in the process of\nnegotiating with the Water Authority an agreement to provide any aspect of\nwater supply or wastewater services, pursuant to the Water (Production and\nSupply) Law, (2018 Revision) or the Wastewater Collection and Treatment Law,\n(2018 Revision), those negotiations shall, on the coming into force of the Water\nAuthority (Amendment) Law, 2017[Law 17 of 2017], cease and the Office shall\ncontinue the negotiations pursuant to its functions and powers under the Water\nSector Regulation Act (2019 Revision).\n(4) A licence or other enabling instrument issued to a person to provide any aspect\nof water supply or wastewater services, pursuant to the Water (Production and\nSupply) Law, 2011 or Wastewater Collection and Treatment Law, 2011, in the\nIslands and valid and in force immediately prior to the coming into force of the\nWater Authority (Amendment) Law, 2017[Law 17 of 2017]  shall, on the coming\ninto force of the Water Authority (Amendment) Law, 2017 [Law 17 of 2017], be\nsubject to the provisions of the Water Sector Regulation Act (2019 Revision)\n\nSection 73\nWater Authority Act (2022 Revision)\n\nPage 40\nRevised as at 1st January, 2022\nc\n\nand the authority of the Office, as though the licence or enabling instrument\nwere issued by the Office under the Water Sector Regulation Act (2019\nRevision).\n(5) All rates and charges, standards or any rules or regulatory policies that are in\neffect on the date of commencement of the Water Authority (Amendment) Law,\n2017 [Law 17 of 2017] shall, on the coming into force of the Water Authority\n(Amendment) Law, 2017 [Law 17 of 2017], remain in effect as though they were\ndetermined by the Office until otherwise modified, replaced or repealed by the\nOffice.\n(6) Notwithstanding the commencement of the Public Authorities Law, 2017 [Law\n21 of 2017], the appointment of the Director under section 4(1) prior to the\ncommencement of the Water Authority (Amendment) Law, 2018 [Law 14 of\n2018] shall be valid and shall continue.\n(7) Any acts, decisions or proceedings of the Board that were carried out prior to\nthe commencement of the Water Authority (Amendment) Law, 2018 [Law 14 of\n2018]  shall not be invalid by reason only of those acts, decisions or proceedings\nbeing inconsistent with the Public Authorities Law, 2017[Law 21 of 2017].\n\nWater Authority Act (2022 Revision)\nSCHEDULE\n\nc\nRevised as at 1st January, 2022\nPage 41\n\n SCHEDULE\n(section 3(4))\nCONSTITUTION AND PROCEDURE OF THE AUTHORITY\n\n1.\nAppointed members shall, subject to this Schedule, be eligible for reappointment.\n2.\nAn ex officio member may, in case of inability to attend a meeting, designate a\ndelegate to attend that meeting on the ex officio member\u2019s behalf.\n3.\nThe relevant Minister or Official Member may appoint any person to act temporarily\nin the place of an appointed member, in case of that appointed member\u2019s absence or\ninability to act.\n4.\nAppointed members may, at any time, resign their office by instrument in writing\naddressed to the relevant Minister or Official Member, and such shall take effect as\nfrom the date of receipt of such instrument by the relevant Minister or Official\nMember.\n5.\nThe Cabinet may terminate the appointment as a member of the Authority at any time\nif it is satisfied that \u2014\n(a)  the member is not fulfilling the mandate of the Authority set by Cabinet;\n(b)  the member has, in the opinion of the Cabinet, an unacceptable conflict of\ninterest; (c) the member\u2019s conduct is detrimental to the effective\ngovernance of the Board;\n(d)  the member has been absent from three consecutive meetings of the Board\nwithout the consent of the Chairperson of the Board;\n(e)  the member\u2019s conduct brings the Authority into disrepute;\n(f)  the member becomes bankrupt; or\n(g)  the member is convicted of an offence for which the member is sentenced\nby a court to a term of imprisonment.\n6.\nThe Authority shall meet at least once every three months and also at such other times\nas may be convened by the Chairperson, and all such meetings shall be held at such\nplaces and times and on such days as the Chairperson may determine.\n7.\nIf the Chairperson is absent from a meeting, the other members present at the meeting\nshall elect one of their number to preside thereat as Chairperson.\n8.\nThe quorum of the Board shall be a simple majority of the board members who are\nentitled to vote.\n\nSCHEDULE\nWater Authority Act (2022 Revision)\n\nPage 42\nRevised as at 1st January, 2022\nc\n\n9.\nThe decisions of the Board shall be determined by a simple majority of those board\nmembers who are entitled to vote and who are present at the board meeting, except\nthat in the case of an equality of votes at any meeting, the Chairperson at that meeting\nshall have a second or casting vote.\n10. Minutes shall be confirmed by the Chairperson as soon as practicable at the next\nsubsequent meeting.\n11. The validity of any proceedings shall not be affected by any vacancy amongst the\nmembers or by any defect in the appointment of any member.\n12. The Authority shall have the power to co-opt any person whom it considers able to\nassist it in its deliberations and any person so co-opted shall be deemed to be a\nmember for so long as that person is co-opted, save that that person shall have no vote\nand shall not be counted for the purposes of constituting a quorum.\n13. The members of the Authority who are not public officers shall be paid such\nemoluments as may be determined by the relevant Minister or Official Member.\n14. In this Schedule \u2014\n\u201cChairperson\u201d includes a person appointed or elected, as the case may be, to\nact temporarily in place of the Chairperson.\n15. Any member having a personal interest in any matter under consideration by the\nAuthority shall immediately declare such interest and shall refrain from taking part\nin any relevant determination by the Authority.\n16. Subject to this Schedule, the Authority shall have power to regulate its own\nproceedings.\nPublication in revised and consolidated form authorised by the Cabinet this 11th\nday of January, 2022.\nKim Bullings\nClerk of the Cabinet\n\nWater Authority Act (2022 Revision)\nENDNOTES\n\nc\nRevised as at 1st January, 2022\nPage 43\n\nENDNOTES\nTable of Legislation history:\nSL #\nLaw\/Act #\nLegislation\nCommencement\nGazette\n84\/2021\n\nWater Authority (Amendment) Act, 2018 (Commencement)\nOrder, 2021\n2-Dec-2021 LG69\/2021\/s1\n\n56\/2020\nCitation of Acts of Parliament Act, 2020\n3-Dec-2020 LG89\/2020\/s1\n\n14\/2018\nWater Authority (Amendment) Law 2018\n1-Jan-2022 G17\/2018\/s12\n\nWater Authority Law (2018 Revision)\n28-Mar-2018 GE28\/2018\/s8\n\nWater Authority (Amendment) Act, 2017 (Commencement)\nOrder, 2017\n22-May-2017 GE11\/2017\/s3\n\n17\/2017\nWater Authority (Amendment) Law, 2017\n22-May-2017 GE39\/2017\/s3\n\nWater Authority Law (2011 Revision)\n21-Nov-2011 G24\/2011\/s16\n\nWater Authority (Amendment) Act, 2011 (Commencement)\nOrder, 2011\n26-May-2011 GE42\/2011\/s3\n\n4\/2011\nWater Authority (Amendment) Law, 2011\n27-May-2011\nG4\/2011\/s4\n\nWater Authority Law (1996 Revision)\n6-Jan-1997\nG1\/1997\/s6\n\n2\/1995\nWater Authority (Amendment) Law, 1995\n16-May-1995\nG10\/1995\/s3\n\n20\/1990\nMiscellaneous Laws (Amendment) Law, 1990 (part)\n22-Oct-1990\nG22\/1990\/s7\n\n20\/1986\nNotaries Public (Amendment) Law, 1986\n19-Jan-1987\nG2\/1987\/s4\n\n18\/1982\nWater Authority Law, 1982\n18-Apr-1983\nG8\/1983\/s4\n\nENDNOTES\nWater Authority Act (2022 Revision)\n\nPage 44\nRevised as at 1st January, 2022\nc\n\n(Price: $8.80)","akn_extracted_at":"2026-06-22 15:38:00.259539+00","cms_id":"1982-0018","law_type":"principal","year":"1982","number":"18","title":"Water Authority Act","status":"in_force"},"provenance":{"files":[{"file_id":"5516","expr_id":"513","kind":"akn_xml","filename":"1982-0018_2022 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1982\/1982-0018\/1982-0018_2022 Revision.akn.xml","content_md5":"99c11bcf707c2baac0ee11102afa717d","byte_size":"94538","http_last_modified":null,"fetched_at":"2026-06-22 15:38:00.779166+00"},{"file_id":"1025","expr_id":"513","kind":"pristine_pdf","filename":"1982-0018_2022 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1982\/1982-0018\/1982-0018_2022 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/1982\/1982-0018\/1982-0018_2022 Revision.pdf","content_md5":"2844251e0504a66bb7184a251b5f873a","byte_size":"1311750","http_last_modified":null,"fetched_at":"2026-06-21 23:09:38.457162+00"},{"file_id":"1026","expr_id":"513","kind":"working_pdf","filename":"1982-0018_2022 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1982\/1982-0018\/1982-0018_2022 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1982\/1982-0018\/1982-0018_2022 Revision.pdf","content_md5":"2844251e0504a66bb7184a251b5f873a","byte_size":"1311750","http_last_modified":null,"fetched_at":"2026-06-21 23:09:38.457162+00"}],"paragraph_count":65,"latest_history":null},"quality":{"expr_id":"513","doc_id":"513","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample appears truncated mid-section; review full document to confirm completeness.","assessed_at":"2026-06-22 15:29:45.392111+00","updated_at":"2026-06-22 15:29:45.392111+00"}}