Water (Jersey) Law
1972[1]
A LAW to give certain powers to, and
impose certain obligations on, The Jersey New Waterworks Company Limited, to
make provisions in relation to the conservation and prevention of pollution of
water and to provide for ancillary matters
Commencement
[see endnotes]
PART 1
INTRODUCTORY
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“building” includes a part of a building if
that part is separately occupied;
“communication pipe” means –
(a) where premises supplied with water abut on a
part of a road in which a main is laid, and a service pipe enters those
premises otherwise than through the outer wall of a building abutting on the
road and has a stopcock placed in those premises and as near to the boundary of
that road as is reasonably practicable, so much of the service pipe as lies
between the main and the stopcock;
(b) in any other case, so much of the service
pipe as lies between the main and the boundary of the road in which the main is
laid,
and includes the ferrule at the
junction of the service pipe with the main, and also –
(i) where the communication pipe ends at a
stopcock, that stopcock; and
(ii) any stopcock fitted on the
communication pipe between the end thereof and the main;
“Company” means The Jersey New Waterworks
Company Limited registered by Act of the Royal Court dated the 11th
February, 1882 in accordance with the provisions of the Loi (1861) sur les Sociétés
à Responsabilité Limitée;[2]
“consumer” means a person supplied, or about
to be supplied, with water by the Company;
“contravention” includes a failure to
comply, and “contravene” shall
be construed accordingly;
“cut off”, in relation to a supply of water,
means stop the supply, whether by operating a tap, disconnecting pipes, or
otherwise;
“dispensation period” means a period for
which the Minister grants a dispensation under Article 13 of this Law;
“house” means a dwelling-house, whether a
private dwelling-house or not, and includes any part of a building if that part
is occupied as a separate dwelling;
“in”, in a context referring to works in a
road or in land, includes reference to works under, along or on it and, in a
context referring to a sewer, drain or tunnel in a road, includes a reference
to one thereunder;
“land” includes houses, buildings and
structures on land, land covered with water and, in relation to the acquisition
of land under Article 6 of this Law, any interest in land or water and
servitudes or rights in, or over land or water;
“main” means a pipe laid by the Company for
the purpose of providing a general supply of water as distinct from a supply to
individual consumers and includes any apparatus used in connection with such a
pipe;
“micro-organism” includes any microscopic,
biological entity which is capable of replication;
“Minister” means the
Minister for the Environment;
“occupier” in relation to any land, means
the person having the use of the land;
“owner” in relation to any land, means the person
having the enjoyment of the land, either as owner or usufructuary or in the
exercise of rights of dower, franc veuvage or
otherwise;
“premises” includes land;
“prescribe” means prescribe by Order;
“risk assessment”, in relation to a
treatment works, means an assessment for that treatment works, to establish
whether there is or continues to be a potential danger to human health from any
micro-organism, parasite or substance, in water supplied or to be supplied from
the works;
“road” has the same meaning as in the Roads Administration (Jersey) Law 1960;[3]
“Royal Court” means the Inferior Number of
the Royal Court;
“service pipe” means so much of any pipe for
supplying water from a main to any premises as is subject to water pressure
from that main, or would be so subject but for the closing of some tap;
“specified area” means an area of Jersey to
which Article 12(1)(b) refers;
“supply of water for domestic purposes”
means a sufficient supply for drinking, washing, cooking and sanitary purposes,
but not for any bath having a capacity (measured to the centre line of the
overflow pipe, or in such other manner as the Company may by bye-laws require)
in excess of 50 gallons and includes –
(a) a supply for the purposes of a profession
carried on in any premises the greater part whereof is used as a house; and
(b) where the water is drawn from a tap inside a
house and no hosepipe or similar apparatus is used, a supply for watering a
garden, for horses kept for private use and for washing vehicles so kept:
Provided that it does not include
a supply of water for the business of a laundry or a business of preparing food
or beverages for consumption otherwise than on the premises;
“supply of water in bulk” means a supply of
water for distribution by the person or persons or body taking the supply;
“supply pipe” means so much of any service
pipe as is not a communication pipe;
“trunk main” means a main constructed for
the purpose of conveying water from a source of supply to a filter or
reservoir, or from one filter or reservoir to another filter or reservoir, or
for the purpose of conveying water in bulk from one part of Jersey to another part
of Jersey or for the purpose of giving or taking a supply of water in bulk;
“water fittings” includes pipes (other than
mains), taps, cocks, valves, ferrules, meters, cisterns, baths, water-closets,
soil-pans and other similar apparatus used in connection with the supply and
use of water;
“wholesome water” means water which is to be
regarded as wholesome according to the criteria in the Schedule;
“year” means a calendar year.[4]
(2) Where
any main is laid alongside and within 60 feet of the middle of a road, then,
for the purposes of the foregoing definition of “communication
pipe”, the land in which the main is laid and any land between the main
and the road shall be deemed to form part of that road and references in that
definition to the part of the road in which the main is laid and to the
boundary of the road in which the main is laid shall be construed accordingly:
Provided that, where the premises
to be supplied with water lie between any such main as aforesaid and the road,
only that land in which the main is laid together with any land between the
main and those premises shall be deemed to form part of the road.
(3) The
States may by Regulations amend the Schedule to this Law.[5]
(4) Where
any provision in the Company’s Memorandum of Association or Articles of
Association is inconsistent, or is in conflict, with the provisions of this Law,
the latter shall prevail.
PART 2
POWERS OF THE COMPANY
A2 Relationship with other
enactments[6]
Nothing in or done under this Law shall relieve the Company from an
obligation to obtain any permit, consent, permission or authorization required
under the Road Works and Events (Jersey) Law 2016[7] or any other enactment.
2 Works
in connection with roads
(1) The
Company may, for the purpose of laying, constructing, inspecting, repairing,
renewing or removing trunk mains, mains, service pipes, plant or other works,
break open any road and may remove and use the soil or other materials in any
such road:
Provided that in the exercise of
the powers conferred by this paragraph the Company shall cause as little
inconvenience and do as little damage as possible and shall make good to all
bodies and persons interested any damage done in the exercise of those powers.[8]
(2) All
trunk mains, mains, service pipes, plant or other works which have been laid
down or constructed by the Company in any road prior to the date of the coming
into force of this Law, shall be deemed to have been laid down or constructed
in pursuance of and in accordance with the provisions of this Law.
3 Laying
of pipes in land not in public ownership
(1) Where
the Company proposes, for the purposes of its undertaking to lay down or
construct any trunk main, main, service pipe, and any apparatus connected with
such a pipe, or any culvert in any land not in public ownership, the Company
shall serve notice of its intention so to do on every owner, lessee and
occupier of that land and such notice shall contain a sufficient description of
the land, shall specify the proposed route or site of the works, shall give
details of any works constructed or proposed to be constructed in the land for
the purpose of the inspection, maintenance and repair of the proposed works and
shall advise the owner, lessee or occupier, as the case may be, of the
provisions of this Article relating to the making of objections and the
claiming of compensation.
(2) Subject
to the provisions of paragraph (7), any person who objects to the terms of
a notice served on him or her by the Company under paragraph (1) shall,
within 28 days of the date of the notice, deliver to the Minister a
statement in writing of the grounds of his or her objection and the Minister,
within 28 days of the delivery of the statement and after hearing the parties,
shall, if the Minister is satisfied that the terms of the notice are reasonable
in all the circumstances, confirm the notice or, if the Minister is not so
satisfied, order that the notice be withdrawn, and shall provide each of the
parties with a statement in writing of the reasons for his or her decision,
which shall be final.
(3) Any
person having an interest in land the value of which is diminished in
consequence of the exercise by the Company of its powers under this Article
shall be entitled to recover compensation from the Company for the diminution.
(4) Where
any interest in land is subject to a hypothec –
(a) any compensation payable under
paragraph (3) in respect of the diminution in the value of the interest
shall be assessed as if the interest were not subject to the hypothec;
(b) a claim for any such compensation may be
made by any hypothecary creditor of the interest, but without prejudice to the
making of a claim by the person entitled to the interest;
(c) a hypothecary creditor shall not be entitled
to claim compensation under the said paragraph in respect of the hypothecary
creditor’s interest as such; and
(d) the compensation payable in respect of the
interest subject to the hypothec may be paid by the Company to such of the
claimants as it thinks proper and shall be applied by that claimant in such
manner as the parties interested may agree, or, in default of such agreement,
as may be determined by arbitration.
(5) Any
person who sustains damage by being disturbed in the enjoyment of any right in
or over land in consequence of the exercise by the Company of its powers under
this Article, not being damage which consists of the diminution of the value of
an interest in land, shall be entitled to recover compensation from the Company
in respect of that damage.
(6) For
the purpose of assessing compensation under this Article insofar as it is
payable in respect of the diminution of the value of an interest in
land –
(a) Article 10 of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961,[9] shall, so far as it is applicable and subject to any necessary
modifications, have effect as it has effect for the purpose of assessing
compensation for the compulsory acquisition of land; and
(b) account shall be taken of the extent, if
any, to which the value of the land has been enhanced by reason of the
construction of the works.
(7) Where
any dispute arises as to the amount of any compensation payable under this Article,
or as to the persons to whom it is payable, the question shall be referred to
and determined by a Board of Arbitrators constituted in accordance with the
provisions of Article 9 of the Compulsory
Purchase of Land (Procedure) (Jersey) Law 1961 and Articles 12 and
13 of that Law shall apply in respect of such a reference.
(8) If
no statement of objection is delivered to the Minister within the time
specified in paragraph (2) or if the Minister confirms the Company’s
notice, the Company may make application to the Royal Court for an order that
the notice be registered in the Public Registry of Contracts and such
registration shall vest in the Company the rights to carry out the works
specified in the notice and to have access thereto by its servants or agents at
all reasonable times for the purpose of inspection, maintenance or repair and a
notice registered as aforesaid shall have like effect to a contract passed
before the Royal Court and the title of the Company shall bear the date of the
order of the Court.
(9) Any
trunk main, main, service pipe, and any apparatus connected with such pipe, or
any culvert laid down or constructed in pursuance of this Article shall be and
shall remain the property of the Company notwithstanding the fact that the land
of which it forms part is not in the ownership of the Company.
(10) Any
trunk main, main, service pipe and any apparatus connected with such pipe, or
any culvert laid down or constructed by the Company for the purposes of its
undertaking prior to the date of the coming into force of this Law in any land
not in public ownership shall be deemed to have been laid down or constructed
under this Article:
Provided that this paragraph
shall not extinguish any obligations of the Company under any agreement with
the owner, lessee or occupier of land in respect of the laying down or
construction of any of the aforesaid works in that land.
4 Vesting
of communication pipes and repair of such pipes and of supply pipes in roads
(1) All
communication pipes, whether laid before or after the coming into operation of
this Law, shall vest in the Company and the Company shall at its own expense
carry out any necessary works of maintenance, repair or renewal of such pipes
and any work on its mains incidental thereto.
(2) The
Company shall also carry out any such necessary works as aforesaid in the case
of so much of any supply pipe as is laid in a road and may recover the expenses
reasonably incurred by it in so doing as a civil debt from the owner of the
premises supplied by the pipe, but without prejudice to the rights and
obligations as between themselves of the owner and the occupier of the
premises.
(3) If
the Company fails to carry out any such necessary work with all reasonable
despatch after service upon it of complaint of a defect from an owner or
occupier of premises affected, it shall be guilty of an offence.
5 Power
to survey, and search for water on, land
(1) Where
the Company wishes to investigate the desirability of acquiring land for any of
the purposes of its undertaking, the Minister may if he or she thinks fit, on
the application of the Company, authorize the Company to enter on and survey
the land in accordance with the provisions of this Article:
Provided that notice of any such
application shall be given by the Company to the owner and occupier of the
land, and the Minister, before giving his or her authority under this paragraph,
shall consider any representations made to him or her, within one month after
the receipt of the notice, by any such owner or occupier.
(2) The
power to survey land conferred by this Article shall include power to carry out
experimental borings or other works for the purpose of ascertaining the nature
of the subsoil or the presence of underground water therein, or the quality or
quantity of such water, and to reinstate the land after carrying out any such
works:
Provided that the Company shall
not carry out any works authorized by this paragraph on land which is occupied
unless at least 24 hours’ notice of its intention so to do has been given
to the occupier of the land.
(3) Where
any land on which entry is made in pursuance of this Article is damaged in the
exercise of any power conferred thereby, any person having an interest in the
land may recover compensation in request of that damage from the Company and
where, in consequence of the exercise of such a power, any person is disturbed
in his or her enjoyment of any right in or over land, the person may recover
compensation in respect of the disturbance from the Company.
(4) Nothing
in this Article shall be construed as absolving the Company from any liability
in respect of damage or injury caused by the escape of water from any land on
which works have been carried out in pursuance of this Article, not being
damage in respect of which compensation is payable under paragraph (3), to
which the Company would be subject if the work had been carried out otherwise
than in the exercise of statutory powers.
(5) Where
any dispute arises as to the amount of compensation payable under this Article,
the question shall be referred to and determined by an arbitrator to be
appointed, in default of agreement, by the Minister.
(6) Nothing
in this Article shall be construed as authorizing the carrying out of works or the
abstraction of water in contravention of restrictions imposed in pursuance of
Article 11 of the Water Resources (Jersey) Law 2007[10] or by a Drought Order made under that Law.[11]
6 Power
of Company to acquire land compulsorily
(1) Where
it appears to the States that any land should be acquired by the Company for
any of the purposes of its undertaking, which expression for the purposes of
this Article shall include the prevention of pollution of any water which
belongs to the Company or which it is for the time being authorized to take,
and that it is not possible for the Company to acquire the land by agreement on
reasonable terms, the States may authorize the acquisition of, and the Company
accordingly may require, that land by compulsory purchase in accordance with
the provisions of this Article.
(2) The
provisions of the Compulsory Purchase of
Land (Procedure) (Jersey) Law 1961, shall apply to the acquisition
of land under this Article as though the definition of “acquiring
authority” in Article 1(1) of that Law included a reference to the
Company and, notwithstanding the provisions of Article 2 thereof that Law
shall, in its application for the purpose of this Article, have effect as
if –
(a) Article 3 were deleted;
(b) references in Articles 7, 11(2), 15(1)
and 21 to the States were references to the Company;
(c) references in the heading to, and
paragraphs (1) and (2) of Article 5, in Articles 10(1)(b), 11(1)
and (4), and in the heading to, and paragraph (1) of Article 19 to
the public were references to the Company;
(d) references therein to land were references
which included interests under land or water;
(e) references therein to the Greffier of the
States were references to the Secretary of the Company.[12]
PART 3
SUPPLY OF WATER FOR DOMESTIC OR NON-DOMESTIC PURPOSES
7 Supply
of water for domestic purposes
(1) Where
an owner of land proposes to erect thereon buildings for which a supply of
water for domestic purposes will be needed, the owner may require the Company
to construct the necessary works, to lay the necessary mains to such point or
points as will enable the buildings to be connected thereto at a reasonable
cost and to bring water to that point or those points and, subject to paragraph (4)(a),
the Company shall within a reasonable time comply with that requirement.
(2) Subject
to paragraph (3), the owner or occupier of any premises may require the
Company to provide a supply of water sufficient for the domestic purposes of
those premises and, subject to paragraph (4)(b), the Company shall within
a reasonable time comply with that requirement:
Provided that the Company shall
not be required to supply water under this paragraph –
(a) from a trunk main or a main laid
specifically for the purpose of fire fighting;
(b) to premises in which any of the water
fittings are not in accordance with bye-laws made under Article 27.
(3) In
respect of premises which are –
(a) let furnished;
(b) let for a term not exceeding 3 months
certain; or
(c) supplied with water in such a way that the
supply cannot be discontinued without discontinuing the supply to other
premises,
the Company shall not be
required, except by the owner of the premises, to provide a supply of water
under paragraph (2).
(4) As
a condition of complying with a requirement made under this Article, the
Company may –
(a) in the case of a requirement under
paragraph (1), require the owner to pay such sum, not exceeding the
estimated cost of the work necessary to comply with the requirement, as the
Company may determine;
(b) in the case of a requirement under
paragraph (2), require the owner or occupier, as the case may be, to pay
such sum, not exceeding the estimated cost of the work necessary to comply with
the requirement, as the Company may determine and one quarter’s water
rate.
(5) If
the Company fails to comply with a requirement under paragraph (1)
or (2), or fails to maintain a supply of water for domestic purposes
during any period in respect of which the water rate has been paid or tendered,
it shall, without prejudice to any other remedy enforceable by the person
aggrieved, be guilty of an offence:
Provided that the Company shall
be under no such liability if the failure to provide or maintain a supply is
due to –
(a) frost, drought, unavoidable accident or
other unavoidable cause, or the execution of necessary works; or
(b) the failure of the person aggrieved to
comply with any Order or bye-law made under this Law.
(6) Any
question arising under this Article regarding any terms and conditions on which
water is to be supplied thereunder and any question whether the Company is
justified in refusing to provide a supply shall, in default of agreement be
referred to the Minister, which may determine the question.
8 Constancy
and pressure of supply
(1) The
Company shall cause the water in all pipes which are used for providing
supplies for domestic purposes to be laid on constantly and at a sufficient
pressure for the domestic purposes of all premises to which such a supply is
provided.
(2) If
the Company fails to comply with the requirements of paragraph (1), except
when prevented by frost, drought, unavoidable accident or other unavoidable
cause, or the execution of necessary works, it shall, without prejudice to any
other remedy enforceable by the person aggrieved, be guilty of an offence:
Provided that only one
prosecution for the recovery of a fine shall be instituted under this paragraph
in respect of the same period of failure.
9 Sufficiency
and wholesomeness of water
(1) The
Company shall provide in its mains and communication pipes a supply of
wholesome water sufficient for the domestic purposes of all owners and
occupiers of premises who are entitled under this Law to require a supply for
those purposes.
(2) If
the Company fails to comply with the requirements of paragraph (1), except
when prevented by frost, drought, unavoidable accident or other unavoidable
cause, or the execution of necessary works, it shall, without prejudice to any
other remedy enforceable by the person aggrieved, be guilty of an offence.
10 Duty
of company to monitor[13]
(1) In
the year 2005 and in each subsequent year the Company shall in accordance
with a programme of yearly monitoring, to be formulated by the Company and
subject to the approval of the Minister, sample the water supplied by the
Company.
(2) The
purpose of the sampling shall be to determine whether the requirements of paragraph 2
of the Schedule are complied with.
(3) A
monitoring programme under this Article may provide for the taking of
samples –
(a) on land which is not in the ownership of the
Company; or
(b) from pipes or taps which are not in the
ownership of the Company.
(4) The
Company shall submit its monitoring programme for each year to the Minister for
his or her approval.
(5) The
Company shall comply with paragraph (4) by the first day of July in the
year immediately preceding the one in which the monitoring programme is to
apply.
(6) If
required by the Minister to do so, the Company shall submit a report in writing
of its monitoring under this Article (including the results of the
analysis of any samples taken) to the Minister.
11 Risk
assessment[14]
(1) If
the Company proposes to bring into operation on or after the first day of
July 2004 a treatment works from which it intends to supply water for
domestic purposes, it shall carry out a risk assessment in respect of that
works before bringing the works into operation.
(2) The
Minister may at any time by notice in writing to the Company require it to
carry out a risk assessment, by a date specified in the notice, in respect of
any treatment works from which water is supplied for domestic purposes.
(3) If
the Company becomes aware of any factor which makes it more likely that a risk
assessment will establish that there is a potential danger to human health from
any micro-organism, parasite or substance in water supplied or to be supplied
by the Company for domestic purposes, it shall immediately notify the Minister
in writing.
(4) If
the Company carries out a risk assessment, it shall submit a report in writing
of the assessment to the Minister as soon as reasonably practicable.
12 Application
for dispensation[15]
(1) The
Company may in writing apply to the Minister for a dispensation from the
requirements of paragraph 2 of the Schedule, as far as they relate
to –
(a) a parameter specified in Table A or
Table B in the Annex to that Schedule; and
(b) the supply of water by the Company to any
specified area of Jersey,
on the grounds specified in
paragraph (2) of this Article.
(2) The
grounds to which this paragraph refers are –
(a) that the dispensation is necessary to
maintain a supply of water for domestic purposes;
(b) that a supply of water for those purposes
cannot be maintained in the specified area by any other reasonably practicable
means; and
(c) that the supply of water in accordance with
the dispensation does not constitute a potential danger to human health.
(3) The
Company shall provide with its application –
(a) the Company’s proposals as to the
duration of the period for which the dispensation is sought;
(b) a summary of the steps which the Company
proposes to take in Order to secure that the supply to the specified area will
at the end of the dispensation period fully satisfy the requirements of paragraph 2
of the Schedule;
(c) a scheme for monitoring the quality of water
supplied in the specified area during the period for which the dispensation is
sought; and
(d) any other supporting information which the
Minister may reasonably require to determine the application.
(4) The
summary shall include an estimate of the costs of any works involved, and a
timetable for those works.
(5) The
requirements of this Article for monitoring are additional to those in
Article 10.
(6) An
application under this Article may be made more than once in the same
circumstances.
13 Granting
of dispensation[16]
(1) The
Minister may grant an application under Article 12 for a dispensation if
(but only if) –
(a) he or she is satisfied that each of the
grounds specified in paragraph (2) of that Article is established; and
(b) he or she approves the scheme for monitoring
provided with the application.
(2) When
considering the application, the Minister shall have regard to any relevant
Water Catchment Management Order made under the Water Pollution (Jersey) Law 2000.[17]
(3) In
granting the application, the Minister shall specify –
(a) the parameters and the area to which the
dispensation applies; and
(b) the period for which it shall have effect.
(4) The
period shall be one which is in the Minister’s opinion reasonably
required for securing a supply of water that fully satisfies the requirements
of paragraph 2 of the Schedule to this Law.
(5) Paragraph (4)
does not prevent the Minister, on another application under Article 12,
from granting a further dispensation under this Article in the same
circumstances.
14 Conditions
of dispensation[18]
(1) A
dispensation under Article 13 shall be subject to the following
conditions –
(a) the Company must implement the approved
scheme for monitoring during the dispensation period the quality of water
supplied in the specified area;
(b) the Company must carry out such steps as it
is, in the opinion of the Minister, reasonably practicable for the Company to
take in Order to secure that the supply will at the end of the dispensation
period fully satisfy the requirements of paragraph 2 of the Schedule; and
(c) if required by the Minister to do so, the
Company shall submit a report in writing of its monitoring under this
Article (including the results of the analysis of any samples taken) to
the Minister.
(2) A
monitoring scheme under this Article may provide for the taking of
samples –
(a) on land which is not in the ownership of the
Company; or
(b) from pipes or taps which are not in the
ownership of the Company.
15 Effect
of dispensation[19]
(1) If
the Company is granted a dispensation under Article 13 and it complies
with the conditions in Article 14 in respect of that dispensation, it
shall not during the dispensation period be guilty of an offence under
Article 9(2) by reason only that it fails to comply with a relevant
requirement of Article 9(1).
(2) In
paragraph (1) of this Article, “a relevant requirement” means
a requirement in paragraph 2 of the Schedule to which the dispensation
relates.
16 Modification
and revocation of dispensation[20]
(1) The
Minister may modify or revoke a dispensation granted under Article 13.
(2) Before
doing so, the Minister shall give at least 6 months’ notice in
writing to the Company.
(3) Paragraph (2)
does not apply if it appears to the Minister that immediate modification or
revocation is required in the interests of public health.
17 Appeals
under this part[21]
If the Company is aggrieved by –
(a) a
refusal by the Minister to approve a monitoring programme under Article 10;
(b) a
refusal by the Minister to grant a dispensation under Article 13 or to
modify a dispensation under Article 16; or
(c) the
modification or revocation of a dispensation under Article 16,
the Company may, within 28 days
of the date on which it is informed by the Minister of his or her decision,
appeal to the Royal Court and the Royal Court may, as it thinks fit, uphold or
dismiss the appeal.
18 Public
notice of dispensation[22]
(1) If
a dispensation –
(a) is granted under Article 13 or Article 17;
or
(b) is modified or revoked under Article 16
or 17,
the Minister shall as soon as
reasonably practicable give public notice (whether by notice in the Jersey Gazette
or otherwise) of that fact.
(2) In
the case of a grant or modification of a dispensation, the notice shall include
a summary of the terms of the dispensation or its modification.
19 Consultation
on health issues[23]
(1) If
any question of human health or public health or of any other health-related
issue arises on a consideration by the Minister of any matter under any of Articles 10,
11, 12, 13, 14 and 16, the Minister shall consult the Minister for Health
and Social Services.
(2) If
a dispensation –
(a) is granted under Article 13 or Article 17;
or
(b) is modified or revoked under Article 16
or Article 17,
the Minister shall as soon as
reasonably practicable notify the Minister for Health and Social Services in
writing of the terms and conditions of the dispensation.
20 Supply
of water for non-domestic purposes
(1) Subject
to the provisions of this Article, the Company shall, within a reasonable time
and on reasonable terms and conditions supply water for purposes other than
domestic purposes to the owner or occupier of any premises who requests the
Company to provide such a supply to those premises:
Provided that the Company shall
not be required to provide such a supply if the provision thereof would
endanger the ability of the Company to meet existing obligations to supply
water for any purposes, or probable future requirements to supply water for
domestic purposes, without having to incur unreasonable expenditure in
constructing new waterworks for the purpose.
(2) Any
question arising under paragraph (1) as to the terms and conditions on
which water is to be supplied thereunder and any question whether the Company
is justified in refusing to provide a supply shall, in default of agreement, be
referred to the Minister, who may determine such question.
(3) Where
the terms and conditions on which a supply of water is to be provided to any person
under this Article have been agreed or determined, and that person has done
everything which he or she is required by such agreement or determination to do
before the supply is provided, the Company, if it fails to furnish the supply
within such period as may be agreed or determined, or fails to maintain the
supply in accordance with the said terms and conditions, shall, without
prejudice to any other remedy enforceable by the party aggrieved, be guilty of
an offence:
Provided that the Company shall
be under no such liability if the failure to provide or maintain a supply is
due to –
(a) frost, drought, unavoidable accident or
other unavoidable cause or the execution of necessary works; or
(b) the failure of the person aggrieved to
comply with any Order or bye-law made under this Law.
(4) Article 21
shall apply in relation to charges for water supplied under this Article,
whether by meter or otherwise, in like manner as it applies in relation to
water rates.
20A Restrictions
of supply[24]
Nothing in any of Articles 7,
8, 9 and 20 of this Law shall be construed as imposing on the Company any
obligation to supply water in contravention of any restriction imposed by or
under the Water Resources (Jersey) Law 2007[25].
PART 4
WATER RATES
21 Liability for,
and recovery of, water rates
(1) Subject
to the provisions of Article 23, and without prejudice to any agreement
between the Company and a consumer subsisting on the date of the coming into
force of this Law, water rates payable to the Company shall be payable and
recoverable in accordance with the provisions of this Article and not
otherwise.
(2) The
water rate for a supply of water to any premises shall be payable by the person
requiring the Company to provide the supply and, except where the supply is
metered, shall be payable quarterly in advance.
(3) The
water rate payable by any person may after a demand therefor be recovered from the
person by the Company as a civil debt and, subject to the provisions of
paragraph (4), where a person fails to pay within 28 days after a
demand therefor any instalment of a water rate payable by the person in respect
of any premises, the Company may cut off the supply of water to the premises:
Provided that if, before the
expiration of the said 28 days, notice in writing is given to the Company that
there is a dispute as to the amount due in respect of the water rate, or as to
the liability to pay the rate, the supply of water shall not be cut off until
the dispute has, on the application of either party, been determined by the
Minister.
(4) The
Company shall not cut off the supply of water to any premises by reason of the
failure of the owner of the premises, who is not himself or herself the
occupier thereof, to pay on the due date any instalment of water rate which the
owner is liable in accordance with this Article to pay in respect of those
premises but, without prejudice to the right of the Company to enforce payment
by the owner, that instalment may be recovered by the Company either from the
owner for the time being of the premises or from the occupier for the time
being of the premises out of any rent which is then due, or which may
thereafter become due, from the occupier to the owner:
Provided that –
(a) no greater sum shall be recoverable at any
one time from the occupier than the amount of rent which is owed by the
occupier; and
(b) the occupier, as between himself or herself
and the owner of the premises, shall be entitled to deduct from the rent
payable by the occupier to the owner any sum paid by the occupier to the
Company in accordance with the provisions of this paragraph.
(5) If
any water supply is cut off by the Company in contravention of the provisions
of this Article, the Company shall be liable to a fine of level 2 on the
standard scale for each day during which the water remains cut off.[26]
(6) In
this Article, the expression “water rate” includes any charge for
water supplied by the Company and any additional charge payable to the Company
in respect of a supply of water for any purposes.
22 Notices of
cutting off of water supply to inhabited house
Where, in the exercise of its
powers under Article 21 or for any other reason, the Company proposes to
cut off the supply of water to an inhabited house, it shall, not later than 48
hours before that supply is to be cut off, give notice of its intention so to
do to the Medical Officer of Health and the Connétable of the parish in
which the house is situated and, if it fails to do so, the Company shall be
guilty of an offence.
23 Power of States
in connection with water rates and charges
(1) Where
it appears to the States to be necessary so to do in the public interest, the
States may by Regulations –
(a) determine the water rates and charges to be
made by the Company in respect of water which it supplies; and
(b) specify the manner in which water rates and
charges are to be assessed and make provisions incidental thereto:
Provided that any Regulations
made under this Article, unless previously renewed by the States, shall lapse
after 12 months from the date on which they come into force.
(2) In
determining water rates and charges, the States shall have regard to the
following matters –
(a) the present needs of the Company and the
future expansion of services provided by the Company;
(b) the ability of the Company so long as its
undertaking is managed efficiently to pay –
(i) interest
on any debentures or bonds charged on the real property of the Company,
(ii) a
dividend on the preference shares issued by it at the rate fixed under the
terms of issue of such shares, and
(iii) a
reasonable dividend on the ordinary shares issued by it;
(c) any capital expenditure which the Company
may reasonably be expected to incur during the next 5 years and the
desirability of the Company’s charging such expenditure, or any part
thereof, to revenue;
(d) the ability of the Company to pay all proper
expenses of and connected with the working, management and maintenance of the
Company;
(e) the provision of any contributions, whether
set apart out of revenue or otherwise, which the Company may lawfully carry to
a reserve, contingency or amortization fund;
(f) the ability of the Company to make
good depreciation, whether or not provision therefor is made by a reserve or
contingency fund; and
(g) the ability of the Company to meet all other
costs, charges and expenses, if any, properly chargeable to revenue.
PART 5
CONSERVATION AND PROTECTION OF WATER RESOURCES
24 [27]
25 Power to prohibit
or restrict temporarily use of water for non-essential purposes
(1) Where
the Company is of opinion that a serious deficiency of water available in any part
of Jersey exists or is threatened, it may, for such period as it thinks
necessary, prohibit or restrict as respects the whole or any part of Jersey the
use for watering gardens, washing motor vehicles, filling swimming pools or
other non-essential purposes of any water supplied by it.
(2) Before
any prohibition or restriction under paragraph (1) comes into force, the
Company shall inform the Minister and shall cause to be published in the Jersey
Gazette a notice of the prohibition or restriction and the date when it will
come into force and such notice shall be certified by the Greffier of the
States as being a notice published in pursuance of this requirement.
(3) Any
person who, whilst the prohibition or restriction is in force, contravenes any
of its provisions shall be guilty of an offence.
(4) During
any period when a prohibition or restriction imposed under this Article is in
force, any person duly authorized in that behalf by the Company may, on
producing if so required evidence of his or her authority, at all reasonable
hours enter any premises to which the prohibition or restriction applies for
the purpose of ascertaining whether there is or has been any contravention of
the prohibition or restriction.
26 [28]
27 Bye-laws for
preventing waste, misuse or contamination of water
(1) Subject
to the approval of the Minister, the Company may make bye-laws for preventing
waste, undue consumption, misuse or contamination of water supplied by it and,
without prejudice to the generality of the foregoing, such bye-laws may include
provisions –
(a) specifying the size, nature, materials,
strength and workmanship, and the mode of arrangement, connection,
disconnection, alteration and repair, of the water fittings to be used; and
(b) forbidding the use of any water fittings
which are of such a nature or are so arranged or connected as to cause or
permit, or be likely to cause or permit, waste, undue consumption, misuse,
erroneous measurement or contamination of water or reverberation in pipes.
(2) If
a person contravenes the provisions of any bye-law made under paragraph (1),
the Company may, without affecting such person’s liability to a fine in
respect of such contravention, cause any water fittings belonging to or used by
that person which are not in accordance with the requirements of the bye-laws
to be altered, repaired or replaced and may recover the expenses reasonably
incurred by it in so doing from the person in default as a civil debt.
28 Bye-laws for
protecting against pollution any water of the Company
(1) If
it appears to the Company to be necessary for the purpose of protecting against
pollution any water, whether on the surface or underground, which belongs to it
or which it is for the time being authorized to take, it may, subject to the
approval of the Minister, make bye-laws –
(a) defining the area within which it deems it
necessary to exercise control;
(b) prohibiting or regulating the doing within
that area of any act specified in the bye-laws; and
(c) empowering any duly authorized officer or
employee to take such action as may be specified in the bye-laws for the
purpose of safeguarding water against pollution,
and different provisions may be
contained in the bye-laws in respect of different parts of the area so defined.
(2) Where
an area has been defined by bye-laws under this Article, the Company may by
notice require either the owner or the occupier of any land within that area to
execute and keep in good repair such works as it considers necessary for
preventing pollution of its water.
(3) A
person who considers that a requirement made on him or her by notice served
under paragraph (2) is unreasonable may, within 28 days after service
of the notice, appeal to the Minister and the Minister may, if he or she
decides, after hearing both parties, that the requirement is unreasonable,
modify or disallow the requirement.
(4) The
Company shall pay compensation to the owners and occupiers of, and other
persons interested in, any land within the area defined by bye-laws made under
this Article, not being land on which any cause of pollution arises, in respect
of –
(a) any curtailment or injurious affection of
their legal rights by restrictions imposed by the bye-laws; and
(b) any expenses incurred by them in complying
with a requirement to execute and maintain any works,
and any question as to the amount
of compensation to be paid shall be referred to an arbitrator to be appointed,
in default of agreement, by the Minister.
(5) Subject
to the provisions of paragraph (3), any person who has failed to comply
with a requirement made on him or her by notice served under paragraph (2),
or with such a requirement as modified, shall be guilty of an offence and shall
be liable to the same penalties as if the person had committed an act prohibited
by the bye-laws and, whether or not any proceedings are taken in respect of the
offence, the Company may execute and keep in good repair the works specified in
the requirement as originally made or, as the case may be, as modified on
appeal, and may recover the expenses reasonably incurred by it in so doing from
the person in default as a civil debt.
29 Penalty for
polluting water
(1) Any
person who, by any wilful act, default or omission, pollutes any water which is
used or is likely to be used for human or animal consumption, for domestic
purposes, for manufacturing food or drink for human consumption or for
irrigating land used for growing crops shall, without prejudice to any other
remedy enforceable by the person aggrieved, be guilty of an offence.
(2) Without
prejudice to the provisions of paragraph (1), where there are reasonable
grounds for supposing that a contravention of that paragraph has occurred or is
likely to occur in relation to water for the time being belonging to the
Company or which it is authorized to take, any officer or employee of the
Company, duly authorized by the Company for that purpose, may, on producing if
so required evidence of his or her authority, at all reasonable times enter on
any land and may, with the agreement of the occupier of the land, take such
steps as may be necessary to prevent the pollution or the continuation of the
pollution, as the case may be.
PART 6
CERTAIN POWERS OF MINISTER
30 Power to instruct
Company to carry out surveys and make reports
(1) The
Minister may instruct the Company to –
(a) carry out a survey of the existing
consumption of and demand for water in Jersey, or in any particular part of Jersey,
of the means by which such water supplies are obtained and of the water
resources in, or available for, Jersey, or that part;
(b) prepare an estimate of the future water
supply requirements of Jersey or of any particular part of Jersey,
and to submit to the Minister a
report on such matters in such form and within such time as the Minister may
direct and the Minister shall pay to the Company such an amount as the Minister
deems reasonable in respect of the costs incurred by the Company in carrying
out the Minister’s instructions.
(2) In
pursuance of an instruction under paragraph (1), the Company may by notice
require the owner or occupier of any land to keep such records, and to furnish
such returns, of the quantity and quality of water abstracted for purposes
other than domestic purposes of the owner or occupier’s household from
any source, and of such other matters relating to the source, as may be
specified in the requirement and the Company shall pay to that person any costs
reasonably incurred by the owner or occupier in complying with the requirement.
(3) A
person who considers that a requirement made on him or her by notice served
under paragraph (2) is unreasonable may, within 28 days after the service
of the notice, appeal to the Minister and the Minister may, if he or she
decides after hearing both parties that the requirement is unreasonable, modify
or disallow the requirement.
(4) Subject
to the provisions of paragraph (3), any person who fails to comply with
any requirement made by notice served under paragraph (2), or with such a
requirement as modified, shall be guilty of an offence.
31 Default powers of
Minister
(1) Where
the Minister (whether on a complaint by a consumer or otherwise, and after
making due enquiry and hearing the complainant, if any, and in any event the
Company), is satisfied that the Company has failed –
(a) to provide an adequate supply of wholesome
water; or
(b) to do anything which it is required to do by
or under this Law,
the Minister may declare the
Company to be in default and may direct that such default shall be made good in
such manner and within such time as the Minister may require.[29]
(2) If
the Company is aggrieved by any direction given by the Minister under
paragraph (1), it may, within 28 days of the date on which the
directions were given to the Company, appeal to the Royal Court and the Royal
Court may, as it thinks fit, uphold or dismiss the appeal or vary the
directions given by the Minister.[30]
(3) Where
an appeal is brought by the Company under this Article, the directions given by
the Minister under paragraph (1) thereof shall have effect only from the
date on which the appeal is dismissed or abandoned or, where any such
directions are varied by the Royal Court, from the date of the order of the
Royal Court.
(4) If
the Company fails to comply with any direction given by the Minister, or with
any such direction as varied by the Royal Court, it shall be guilty of an
offence and, whether or not any proceedings are taken in respect of the
offence, the Minister may himself or herself carry out any work necessary to
remedy the default of the Company, and may recover as a civil debt from the
Company the expense incurred in so doing.
32 Company’s
accounts
(1) The
Company shall each year prepare an abstract of the accounts of its undertaking
for the preceding year, showing under the appropriate heads its income and
expenditure, the amount standing to the credit of any reserve or contingency
fund and the balances brought forward and carried forward respectively, and the
abstract so prepared shall be signed by the Chairman of the Company and
certified by the Company’s auditors.
(2) The
Minister may give directions as to the form of the abstracts to be prepared by
the Company.
(3) A
copy of the said abstract so signed and certified and a copy of the balance
sheet of the Company for the year to which the abstract relates shall be
transmitted as soon as may be to the Minister.
(4) If
any of the forgoing provisions of this Article are not complied with, the
Company shall be guilty of an offence.
PART 7
GENERAL
33 False information
Any person who, in keeping any
record or journal or in furnishing any return, abstract or information which the
person is required by or under this Law to keep or furnish, knowingly or
recklessly makes any statement which is false in a material particular shall be
guilty of an offence.
34 Penalties for
offences
Any person guilty of an offence
under this Law, or under any Order or Regulations made under this Law, shall,
except where the provision by or under which the offence is created provides
for a penalty to be imposed, be liable to a fine of level 3 on the
standard scale and, in the case of a continuing offence, to a further fine of
level 2 on the standard scale for each day during which the offence is
continued.[31]
35 Entry on land
(1) Subject
to the provisions of this Article, any person duly authorized in that behalf by
the Company shall, on producing, if so required, evidence of his or her
authority, have a right to enter any land at all reasonable hours for the
purpose of –
(a) inspecting and examining meters used by the
Company for measuring the water supplied and of ascertaining therefrom the
quantity of water consumed;
(b) ascertaining whether there is or has been,
on or in connection with that or any other land, any contravention of the
provisions of this Law or of any Order or bye-laws made thereunder;
(c) ascertaining whether or not circumstances
exist which would authorize the Company to take any action, or execute any
work, under this Law or any such Order or bye-laws;
(d) taking any action, or executing any work,
which the Company is authorized or required by this Law, or any such Order or
bye-laws, to take or execute.
(2) Any
person who wilfully obstructs any person upon whom a right of entry has been
conferred by this Article or by any other provision of this Law, or any Order
or bye-law made thereunder, shall be guilty of an offence and shall be liable
to a fine of level 2 on the standard scale.[32]
36 Documents to be
in writing
All notices, consents, approvals,
demands and other documents authorized or required by or under this Law to be
served, given, made or issued by the Minister or by the Company, and all
notices and applications authorized or required by or under this Law to be
served on, given or made to, the Minister or the Company, shall be in writing.
37 Authentication of
documents
(1) Any
notice, consent, approval, demand or other document which the Company is
authorized or required by or under this Law to serve, give, make or issue may
be signed on behalf of the Company –
(a) by the Manager or Secretary of the Company;
(b) by any other officer of the Company
authorized by it in writing to sign documents of the particular kind or, as the
case may be, the particular document.
(2) Any
document purporting to bear the signature of any person expressed to hold an
office by virtue of which the person is under this Article empowered to sign
such a document, or expressed to be duly authorized by the Company to sign such
a document or, as the case may be, the particular document, shall, for the
purposes of this Law and of any Order or bye-laws made thereunder, be deemed,
until the contrary is proved, to be duly served, given, made or issued by the
authority of the Company.
(3) In
paragraph (2), the expression “signature” includes a facsimile
of a signature by whatever process reproduced.
38 Service of
documents
(1) Subject
to the provisions of this Article, any notice, consent, approval, demand or
other document required or authorized by or under this Law to be served on any person
may be served –
(a) by delivering it to that person;
(b) by leaving it at the person’s proper
address;
(c) by registered post; or
(d) by the recorded delivery service.
(2) Any
notice, consent, approval, demand or other document required or authorized by
or under this Law to be served on a person being a corporation shall be duly
served if it is served on the secretary or clerk of the corporation.
(3) For
the purposes of this Article, and of Article 7 of the Interpretation (Jersey) Law 1954 in
its application to this Article, the proper address of any person on whom such
a document as is mentioned in paragraph (1) of this Article is to be
served shall, in the case of the secretary or clerk of a corporation, be that
of the registered or principal office of the corporation and, in any other
case, be the usual or last-known place of abode of the person on whom the
document is to be served:
Provided that, where the person
on whom such a document as is mentioned in paragraph (1) is to be served
has furnished an address for service in accordance with arrangements agreed to
in that behalf, the person’s proper address for the purposes aforesaid shall
be the address furnished.
(4) If
the name or address of any owner, lessee or occupier of any premises on whom
any such document as aforesaid is to be served cannot after reasonable enquiry
be ascertained by the person seeking to serve the document, it may be served by
addressing it to him or her by the description of “owner”,
“lessee” or “occupier” of the premises (describing
them) to which the notice relates, and by delivering it to some person on the
premises, or, if there is no person on the premises to whom it can be
delivered, by affixing it, or a copy of it, to some conspicuous part of the
premises.
39 Proof of
resolutions, etc.
In any proceedings under this Law,
a document purporting to be certified on behalf of the Company as a copy of a
resolution or bye-law passed or made by it on a specified date, or as a copy of
the appointment of, or of an authority given to, an officer of the Company on a
specified date, shall be evidence that that resolution, bye-law, appointment or
authority was duly passed, made or given by the Company on the said date.
40 Duty of the
Company to give notice of certain works
The Company, before commencing to
execute repairs or other work which will cause any material interference with
the supply of water, shall, except in a case of emergency, give to all
consumers likely to be affected such notice as is reasonably practicable,
whether by notice in the Jersey Gazette or otherwise, and shall complete the
work with all reasonable dispatch.
41 Bye-laws
(1) The
provisions of the Subordinate Legislation
(Jersey) Law 1960[33] shall apply to bye-laws made by the Company and approved by the
Minister under this Law and the Minister shall cause the bye-laws to be laid
before the States.
(2) Immediately
after any bye-laws made by the Company under this Law have been approved by the
Minister, the Secretary of the Company shall cause the bye-laws to be printed
and shall cause to be published in the Jersey Gazette a notice stating that the
bye-laws have been made, the date on which the bye-laws come into force and the
place at which printed copies may be purchased:
Provided that printed copies of
the bye-laws shall be available for inspection at the registered office of the
Company at all reasonable hours.
(3) Bye-laws
made by the Company under this Law may contain provisions for imposing on any person
contravening the bye-laws a fine up to level 2 on the standard scale in
respect of each contravention and, in the case of a continuing contravention, a
further fine up to level 1 on the standard scale for each day during which
the contravention continues.[34]
42 Orders
(1) The
Minister may by Order prescribe anything which he or she may under this Law
prescribe.
(2) The
Subordinate Legislation (Jersey) Law 1960
shall apply to Orders made under this Law.
43 Citation
This Law may be cited as the Water
(Jersey) Law 1972.