SABAH WATER SUPPLY ENACTMENT 2003 No. 10 of 2003

SABAH WATER SUPPLY ENACTMENT 2003

No. 10 of 2003

An Enactment to provide for the control and regulation for the supply and distribution of water and for matters connected therewith and incidental thereto.

ENACTED by the Legislature of the State of Sabah as follows:

1. Short title and commencement

(1) This Enactment may be cited as the Sabah Water Supply Enactment 2003. (2) This Enactment shall come into force on such date as the Minister may, by notification in the Gazette appoint.

PART I PRELIMINARY

2. Interpretation

In this Enactment, unless the context otherwise requires -

"alternative water supply system" means any stand alone water supply system operated in areas where water is not supplied from the waterworks;

"area of supply" means any area where water is supplied from the waterworks;

"chargeable water"

means -

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

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

"charges" includes deposits and such other payments and contributions in connection with the supply of water and services rendered by the State Water Authority;

"communication pipe" means that part of a service pipe which lies between the mains and a State Water Authority's stopcock or where no stopcock is fitted, between the mains and the point at which the service pipe enters the premises supplied at its boundary with the road reserve in which the mains is laid and includes all fittings thereon between a stopcock and the mains;

"consumer" includes any person, persons or corporate body, government body, agency, public authority, legal or registered entities who is supplied with water from the public main or any person, persons or body corporate who is otherwise liable for the payment of water charges, deposit or meter rent or any other payment of moneys due or to become due under this Enactment and whose premises are for the time being connected for the purpose of supply of water from the waterworks and includes an occupier and management corporation of a premises;

"distribution pipe" means any consumer's pipe conveying water from a storage cistern or from a hot water apparatus supplied from a feed cistern, and under pressure only from such cistern;

"fire hydrant" means any device that is connected to a public mains to provide the means for attaching fire hoses for discharging water at a high rate for fire fighting;

"fittings" includes all taps, stopcocks, ballcocks, cold water cisterns, hot water apparatus, flushing apparatus and any other apparatus or appliance used on an inside service in connection with the supply of water from the waterworks, except meters;

"Government" means the Government of the State of Sabah;

"Health Authority" means the Director of State Health Department in Sabah or such other authority having powers conferred by any written law to determine the standards of safe drinking water in Sabah;

"impounding works" means any works undertaken by the State Water Authority for the construction of-

(a)any dam, weir or other works in inland water whereby water may be impounded; and

(b)any works for diverting the flow of inland water in connection with the construction or alteration of any dam, weir or other works falling within the preceding paragraph (a);

"licence" means any licence issued under this Enactment;

"licensed pipe fitter" means any person licensed by the State Water Authority to construct, alter or repair supply pipes and fittings which are connected with or to be connected with the waterworks;

"mains" means any pipe laid by the State Water Authority for the purpose of giving a general supply of water under pressure and not to include a communication pipe;

"mains layer" means any person licensed by the State Water Authority to construct, alter or repair; pressure test and do tapping on water mains, valves, hydrants and associated fittings which are connected with or to be connected with the waterworks; inclusive of constructing, altering and repair of sewer and drainage pipes and associated fittings;

"meter" includes any appliance or device used to measure or ascertain the amount of water taken or used from the waterworks;

"Minister" means the Minister responsible for water supply;

"pollutant" means any crude oil, diesel oil, fuel oil, lubrication oil, micro organism or any substance whether liquid, solid or gaseous which is hazardous or potentially hazardous or prejudicial to public health and safety, or to fish or aquatic life, or to plants, and includes minerals or radioactive chemicals or properties;

"pollution" in relation to water, or waterworks, shall mean any direct or indirect alteration of such water or waterworks so as to cause a condition thereof which is hazardous to public health, animals or plants;

"premises" includes any building or structure or any part thereof, land without any building or structure, any wharf, passenger landing facility, vessel, structures floating or erected on any water body;

"public standpipe" includes any fountain, standpipe, valve, tap or appliance provided and maintained by the State Water Authority for the purpose of supplying water to the public;

"security" for the purpose of section 16(5) shall include performance bond in the form of bank guarantee or insurance guarantee;

"service pipe" means so much of any pipe for supplying water from a mains to any premises which is subject to water pressure from the mains, or would be so subject but for the closing of a tap;

"State Water Authority" means the Director of the State Water Department;

"supply pipe" means so much of any service pipe as is not a communication pipe;

"water" means potable water supplied by the State Water Authority meeting current Malaysian Standards for potable water as set by the Health Authority:

"water body" shall have the same meaning assigned to it under the Water Resources Enactment 1998;

"Water Supply Authority" means any authority appointed or established under section 20;

"water supply system" means the whole system incorporating plant, equipment, public mains, pipes, treatment plants, pumping stations, service or balancing reservoirs or any combination thereof and all other structures, installations, buildings, equipment and appurtenances used and the lands where the same are located for extraction, collection, conveyance, treatment, distribution and the supply of water;

"water supply undertaking" means the take over by the Water Supply Authority from the State Water Authority of any facility or service of any description in connection with the exercise and performance of its powers, functions and duties under Part II of this Enactment;

"waterworks" includes all reservoirs, dams, weirs, tanks, tunnels, aqueducts, mains, pipes, meters, fountains, public standpipes, sluices, valves, boreholes, wells, hydrants, pumps, treatment plants, water tankers, water towers, hydropower infrastructures and all other structures, equipment or appliances used or constructed for the collection, storage, conveyance, distribution, supply, measurement or regulation of water belonging to the State Water Authority.

PART II ESTABLISHMENT, POWERS, FUNCTIONS AND DUTIES OF THE STATE WATER AUTHORITY

3. State Water Authority and other officers

(1) There shall be established an authority called the "State Water Authority".

(2) There shall be such number of officers as may be necessary or expedient for the due administration of this Enactment, who shall be appointed by the State Public Service Commission from amongst the members of the State Public Service to run the State Water Department.

4. Responsibility of State Water Authority

(1) The State Water Authority shall be generally responsible for carrying into effect the provisions of this Enactment.

(2) The custody, management and administration of the water supply system within the State of Sabah shall be vested in the State Water Authority.

5. Delegation by the State Water Authority of his powers

(1) The State Water Authority may delegate the exercise of any of the powers vested in him to any officer of the State Water Department.

(2) No such delegation shall prevent the State Water Authority from exercising any of the powers so delegated.

6. Authorization by the State Water Authority

(1) The State Water Authority may authorize in writing to any officer of the State Water Department to carry out any of the powers, functions and duties of the State Water Authority.

(2) The State Water Authority may revoke the letter of authority issued to the authorized officer upon his employment being terminated or for any reason deemed proper by the State Water Authority.

7. Functions and duties of the State Water Authority

(1) The State Water Authority shall have the functions and duties to -

(a)manage the production and distribution of water, and the collection of revenue;

(b)regulate and control the supply of water;

(c)ensure efficiency and quality in the supply of water;

(d)exercise regulatory functions as prescribed under this Enactment and the regulations made hereunder;

(e)investigate any accidents involving any part of a water supply system arising out of the operations and maintenance of any water supply system or water supply services;

(f)require a Water Supply Authority to perform any duty imposed on him by or under this Enactment or any regulations made hereunder;

(g)prescribe a code of practice for Water Supply Authority;

(h)prosecute any offence under this Enactment;

(i)issue licence;

(j)review the regulations made under this Enactment and to make recommendations to the Minister; and

(k)carry on all such other activities as may appear to the State Water Authority necessary and incidental for the purpose of carrying out or in connection with the performance of his functions and duties under this Enactment.

(2) In addition to the functions and duties conferred on the State Water Authority by this Enactment or regulations made hereunder, the State Water Authority shall have the general control and supervision of all Water Supply Authorities in the State.

(3) No person shall supply water for public consumption without a licence issued by the State Water Authority, except in areas where water is not supplied from the waterworks and the means of supply is by an alternative supply system on a temporary basis sanctioned by the State Water Authority.

(4) In the discharge of its functions and duties, the State Water Authority shall comply with such directives as may be given by the Minister from time to time.

8. Power to fix public standpipe and fire hydrant

The State Water Authority shall have the power to construct public standpipe and fire hydrant together with the connection to the waterworks in, under or over any street or road and such standpipes and hydrants shall remain vested in the State Water Authority.

9. Power to lay water mains, etc

The State Water Authority may make, construct, provide, repair and alter such mains and other waterworks as may be necessary for supplying any area of supply and the inhabitants thereof with water and, in executing such works, may carry such mains and other waterworks through, across or under any street or road, or any place laid out or intended for a street or road, or any premises under any street or road:

Provided that -

(a)as regards to any street or road which is a State or Federal road, the State Water Authority shall comply with the provisions of any written law when executing any works on such street or road;

(b)whenever any street or road, or any place laid out or intended for a street or road, or any premises under any street or road, are opened or broken up in the execution of such works, the State Water Authority shall with all convenient speed, complete the work for which the same shall be opened or broken up, and reinstate and make good such street, road, place or premises; and

(c)the construction, laying, repair and alteration of such mains shall only be undertaken by mains layers licensed by the State Water Authority.

10. Power to enter on land for purposes of construction

(1) Whenever it is necessary, for the purpose of making, constructing, providing, repairing or maintaining any mains or other waterworks under this Enactment, the State Water Authority may lay, place or carry on, under or over any land, mains and other waterworks.

(2) Before entering on any land for the purpose specified in subsection (1), the State Water Authority shall, except in the case of urgency, give notice to the owner or occupier of such land, stating as fully and accurately as possible the nature and extent of the works intended to be done . (3) Such notice required under subsection (2) shall be deemed to be properly served if sent by registered post or left at the usual or last known place of abode of the person to whom it is to be served or, if the usual or last known place of abode of such person cannot be ascertained, by fixing the notice conspicuously on some part of the land.

11. Power to enter into premises

(1) The State Water Authority may enter into any premises without notice at any reasonable time to -

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

(b)regulate and repair any supply pipe or meter;

(c)ascertain the consumption;

(d)disconnect the supply pipe to any premises, or to diminish, withhold or suspend, stop, turn off or divert the supply of water to any premises through or by means of any supply pipe, either wholly or in part; and

(e)repair, alter, take up, re-lay, re-arrange or otherwise to deal with any supply pipe or meter, as circumstances may require.

(2) Without prejudice to subsection (1), the State Water Authority may in the case of urgency enter into any premises at any time.

12. Power to restrict, suspend, etc., the supply of water

(1) Without prejudice to any water rate, meter rent or other sums due or to become due under this Enactment or regulations made hereunder, it shall be lawful for the State Water Authority to restrict, withhold or suspend, stop, turn off or divert the supply of water through or by means of any mains, supply pipe or public standpipe, either wholly or in part, whenever -

(a)the available supply of water from the waterworks shall, in the opinion of the State Water Authority, be insufficient;

(b)it may be expedient or necessary for the purpose of extending, altering, testing or repairing the waterworks, or for the purpose of the connection of supply pipes or fire hydrants;

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

(d)there is an outbreak of fire; or

(e)there is a breakdown in the waterworks.

(2) In carrying out the powers conferred under subsection (1), the State Water Authority shall not be held liable for any damage or loss which may result from such restriction, withholding or suspension, stoppage, turning off or diversion.

13. Power to demand deposit

(1) The State Water Authority shall fix the amount of, and to demand in advance, deposits from consumers to cover the amount due or to become due for the meter rent and for chargeable water at any premises, and for works to be carried out by the State Water Authority.

(2) The State Water Authority shall hold such deposit for such period as it deems necessary and it shall bear no interest.

(3) Without prejudice to subsection (2), the State Water Authority may exercise any of its power under this Enactment.

14. Capital contribution

The State Water Authority shall determine and collect capital contribution from consumer where applicable, towards the capital outlay necessarily incurred for the supply of water as prescribed by the regulations made under this Enactment.

15. Recovery of monies

(1) Any monies due under this Enactment shall be deemed to be debt owed to the State Water Authority and shall carry interests at the prevailing statutory rate.

(2) A certificate issued as provided in the First Schedule by the State Water Authority shall be conclusive proof of such debt unless the contrary is proved in Court, be evidence of the non-payment thereof.

PART III LICENSING

16. Licensing

(1) No water supply undertaking under section 20(1) shall be managed by any entity unless licensed by the State Water Authority under subsection (3).

(2) Any application for the grant of a licence under this Part shall be made in writing and shall contain, or be accompanied by, such information and documents as may be specified by the State Water Authority for the purposes of determining the application and the suitability of the applicant for the licence.

(3) Upon receiving any application made in accordance with subsection (2), the State Water Authority may -

(a)issue the licence upon payment of the prescribed fees and the security required under subsection (5); or

(b)refuse to issue the licence.

(4) Every licence issued shall set out-

(a)the name and address of the licensee;

(b)the duration of the licence;

(c)the area of supply;

(d)the types of services or facilities to be provided by the licensee;

(e)the annual licence fee payable by the licensee;

(f)the code of practice as prescribed by the regulations made under this Enactment;

(g)the particular duties of the licensee in respect of the services or facilities provided by it; and

(h)such other matters or conditions as the State Water Authority thinks fit.

(5) Before the issuance of any licence, the State Water Authority shall impose security for the sum to be specified and furnished by the applicant for the due compliance of the terms and conditions of the licence and any regulations made under this Enactment.

(6) A licence shall not be transferable unless with the written consent of the Minister.

17. Notice to perform

(1) If it appears to the State Water Authority that a Water Supply Authority has failed to carry out any of its duties under the licence, the State Water Authority may give notice in writing to the Water Supply Authority requiring it to perform such duties within the period prescribed in the notice.

(2) If upon the expiry of the period prescribed in such notice, the Water Supply Authority fails to carry out the duties mentioned therein, the State Water Authority may suspend or revoke the licence.

18. Suspension and revocation of licence

Any licence issued to a Water Supply Authority may be suspended or revoked if-

(a)there has been any breach of any condition of the licence or provision of this Enactment or any regulations made hereunder;

(b)there has been a breach by the Water Supply Authority of the terms and conditions of the Agreement referred to in section 21;

(c)the water supplied does not meet the standards set by the Health Authority for water; or

(d)the Water Supply Authority has become insolvent, or a liquidator or receiver has been appointed by a Court or by its creditors.

19. Appeal

(1) A Water Supply Authority may appeal to the Minister against the suspension or revocation of its licence by the State Water Authority.

(2) Every such appeal shall be made in writing stating the grounds of appeal within fourteen days from the date on which the decision of the State Water Authority is served on the Water Supply Authority.

(3) Upon service of such appeal, the Minister shall make a decision within a reasonable time and the decision shall be final and conclusive.

(4) During the appeal period, where a licence is suspended or revoked under section 18, the State Water Authority may, if it considers that such suspension or revocation would materially affect water supply to the consumers, with the consent of the Minister -

(a)take temporary possession of any water supply undertaking;

(b)operate any water supply undertaking; and

(c)engage any servant or employee,

of the Water Supply Authority.

(5) No compensation shall be paid to the Water Supply Authority in the event of suspension or revocation of the licence.

PART IV ESTABLISHMENT, FUNCTIONS AND DUTIES OF THE WATER SUPPLY AUTHORITY

20. Appointment or establishment of Water Supply Authority

(1) The State Water Authority may, with the approval of the Minister, appoint or establish a Water Supply Authority for the whole or any particular area of supply in the State of Sabah.

(2) Such appointment or establishment of the Water Supply Authority pursuant to subsection (1) shall be published in the Gazette, and the Gazette notification shall state -

(a)the area of supply;

(b)the rates or tariffs to be charged for water supplied to consumers; and

(c)any other matter incidental thereto.

(3) The Water Supply Authority shall have the custody, management and administration of the waterworks and of the water therein and the management of the supply and distribution of such water within its area of supply, subject to the general control and supervision of the State Water Authority.

(4) It shall be the duty of the Water Supply Authority to supply water to consumers within its area of supply subject to the provisions of this Enactment and any regulations made hereunder.

21. Agreement with the Government

The management and administration of the Water Supply Authority shall be governed by an Agreement between the Government and the Water Supply Authority.

22. Compliance to directions, instructions and guidelines of the State Water Authority

The Water Supply Authority shall comply with all directions, instructions and guidelines relating to the water supply undertaking issued by the State Water Authority.

PART V WATER SUPPLY

23. Construction and connection of supply pipes and fittings

(1) Any consumer shall make arrangement with the State Water Authority or a licensed pipe fitter to construct a supply pipe in any premises for the supply of water from the waterworks.

(2) Every supply pipe and fitting shall be constructed, and the type, size and quality of the materials and fittings used therewith shall be in accordance with regulations made under this Enactment.

(3) Upon completion of such construction to the satisfaction of the State Water Authority it shall be connected to the waterworks, subject to -

(a)the consumer entering into such agreement with the State Water Authority for the supply of water;

(b)payments of such charges for such connections as prescribed by the regulations made under this Enactment; and

(c)payments of such contributions as shall be determined from time to time by the State Water Authority, towards the capital outlay necessarily incurred to provide the supply . (4) Notwithstanding the provisions of subsections (1), (2) and (3), the State Water Authority shall not connect with the waterworks the supply pipes of any premises which are -

(a)more than fifty meters from a mains; or

(b)at an altitude higher than that to which water from the waterworks can be supplied by gravitation, unless otherwise directed by the State Water Authority and the additional cost thereof shall be borne by the consumer.

(5) Nothing in this section shall be deemed to restrict the fixing of any public standpipe to be provided by the State Water Authority.

24. Costs relating to supply pipes

The cost of constructing, altering or repairing all supply pipes shall be borne by the consumer.

25. Supply pipes may be repaired by State Water Authority

State Water Authority may at its discretion, repair any part of a supply pipe at the request of the consumer and, on completion thereof, the consumer shall pay the costs of such repairs.

26. Vesting of communication pipes and repairs of such pipes

All communication pipes at present existing or hereafter laid may be vested in the Water Supply Authority; and the Water Supply Authority shall, at its own expense, carry out any necessary works of maintenance, repair or renewal of such pipes, and any work on their mains and incidental thereto.

27. Measurement of water supplied

(1) All water supplied to premises through supply pipes shall be measured by meter or otherwise measured or charged for in such manner as shall be determined by the State Water Authority.

(2) The reading in the meter shall be prima facie evidence of the quantity of water supplied unless the contrary is proved in Court.

(3) The State Water Authority shall fix the meter or cause the meter to be fixed at such part of the premises of the consumer in accordance with the regulations made under this Enactment.

28. Debt owing

(1) All chargeable water shall be paid to the State Water Authority within fourteen days from the date of service of the water bill. Failure to pay such bill shall be deemed to be a debt due to the State Water Authority.

(2) A certificate issued as provided in the First Schedule shall be conclusive proof of the debt until the contrary is proved in Court.

29. Duty of consumer to report

Upon signing the agreement and upon the State Water Authority supplying water to the premises, it shall be the duty of a consumer to report to the State Water Authority, for any water bill which has not been received for the prescribed billing period. The State Water Authority shall immediately investigate and take steps to issue such bill.

30. Disconnection of supply pipes

(1) The State Water Authority shall disconnect the supply pipe of any premises from the waterworks by severing the service pipe or by taking such other means as he thinks fit and proper notwithstanding any water rate, meter rent or other sums due or to become due under this Enactment or regulations made hereunder-

(a)unless the consumer, within fourteen days from the date of service of written notice in that behalf or such extended time as the State Water Authority may allow, gives an undertaking satisfactory to the State Water Authority to pay to the State Water Authority the amount due for charges of water and for meter rent in accordance with regulations made under this Enactment;

(b)if default is made in the payment of any deposit which the State Water Authority may demand, or of any monies due including any installments from the consumer, for so long as the default continues;

(c)if the construction, alteration or repair of any supply pipe and fittings by a consumer is not carried out to the satisfaction of the State Water Authority in accordance with the provisions of this Enactment or any regulations made hereunder, or if such construction, alteration or repair is carried out without the approval of the State Water Authority;

(d)if any consumer is found to be wilfully or negligently wasting water supplied from the waterworks through the supply pipe to his premises; or

(e)if any act or thing is done or omitted contrary to the provisions of this Enactment in relation to any damage, alteration, pollution or abuse of the waterworks, or of any supply pipe, fittings or fire hydrant and appurtenances.

(2) The State Water Authority shall not be held liable for any loss or damage to any consumer or person or property as a result of such disconnection.

(3) The State Water Authority may recover the costs of disconnecting and reconnecting the water supply from the consumer and until all sums payable have been paid, the State Water Authority shall not be obliged to reconnect the supply of water to the affected premises.

PART VI RESTRICTION OF WATER SUPPLY

31. Disconnection of water supply

If it appears to the State Water Authority that there is reasonable cause to believe that any premises have been used or are about to be used for the commission of an offence under this Enactment or under any regulations made hereunder or under any written law or on such other grounds as he may deem fit the State Water Authority may disconnect the supply of water to the said premises.

32. Disconnection for failure to remedy or rectify

(1) The State Water Authority shall have the power to disconnect water to any premises at any time for any contravention of the provision of this Enactment or any regulations made hereunder provided that -

(a)he shall inform the owner or occupier or the management corporation of such premises, in writing prior to such disconnection and the reason for so doing; and

(b)no disconnection of water supply shall be carried out unless the consumer has failed to remedy or rectify the default or contravention within the time prescribed in the written notice.

(2) The State Water Authority may recover the costs of disconnection and reconnection of the water supply from the owner or occupier or management corporation as the case may be of such premises.

(3) The State Water Authority shall not be held liable for any loss or damage to any person or property as a result of any disconnection made under this section.

33. State Water Authority may temporarily cease and reduce water supply

(1) The State Water Authority may temporarily cease the supply of water to any premises without any prior notice being given for the purpose of carrying out essential maintenance of and repairs or alterations to any water supply system or part thereof.

(2) The State Water Authority may reduce or divert wholly or in part, water in any pipe or any part of any water supply system, due to a breakdown in the water supply system or part thereof, the outbreak of fire, excessive drought or any other cause, if the State Water Authority is of the opinion that the supply of water is insufficient or unsafe for the purpose of supply to the public.

34. Restrictions during water supply emergency

(1) Where the water supply is insufficient due to excessive drought, industrial unrest, strike, lock-out or any other event which gives rise to an emergency or any other unforeseen circumstances, the State Water Authority may, by notification in the Gazette -

(a)declare a water supply emergency;

(b)prohibit or restrict the use of water -

(i)generally or for specified purposes;

(ii)during specified hours of the day or otherwise; or

(iii)in a specified manner; and

(c)determine and impose -

(i)limits on the quantities of water which may be consumed over any specified period;

(ii)any surcharge in respect of the consumption of water in excess of any limit imposed above; and

(iii)any other conditions as the State Water Authority may deem necessary.

(2) The State Water Authority may -

(a)limit the application of subsection (1) to specified areas, groups, classes of persons, premises or activities; and

(b)suspend or waive any provisions of this section.

(3) The State Water Authority may after declaring a water supply emergency, take temporary possession of any water supply system from any Water Supply Authority and operate it in such manner as it deems fit and take or cause to be taken such measures including the installation of restrictive, controlling and measuring devices and the regulation and control of the disposition of appliances, as may be necessary, to ensure compliance with this section.

35. No liability for stoppage or reduction of supply

The State Water Authority and the Water Supply Authority, and their servants and agents shall not be liable to any action for breach of contract on account of any disconnection or stoppage or reduction or restriction of water supply under section 33 or 34.

36. Prosecutions

(1) Any person authorized in writing by the Public Prosecutor pursuant to section 377 of the Criminal Procedure Code may conduct prosecution for offences under this Enactment or the regulations made hereunder.

(2) Any person who obstructs or impedes any person duly authorized pursuant to subsection (1) in the lawful exercise of any of his powers under this Enactment or any regulations made hereunder commits an offence under this Enactment.

37. Civil actions No fine or punishment imposed under this Enactment shall affect or prejudice the powers of the State Water Authority under section 30 nor shall anything in this Enactment be held to prevent proceedings by civil suit against any person for damage caused to any waterworks.

PART VII ENFORCEMENT

38. Powers of entry, seizure and arrest

(1) If the State Water Authority has reason to believe that a person has committed an offence under this Enactment, the State Water Authority may without a warrant-

(a)arrest any person who he has reason to believe has committed an offence under this Enactment;

(b)enter and search any land, facility, premises or place in which he has reason to believe that an offence under this Enactment has been committed;

(c)take samples of any water found in any water supply system;

(d)take photographs, video, audio recordings or make sketches of the premises or anything on the premises;

(e)seize any equipment, document, appurtenances, or any vehicle which he has reason to believe has been used in the commission of any offence or in relation to which any offence has been committed under this Enactment; and

(f)seize any explosive substance, explosive projectile, natural poisonous substance, poisonous chemical substance or pollutant.

(2) In effecting any seizure under subsection (1), the State Water Authority may use such force as may be reasonably necessary.

(3) A person arrested under subsection (1) shall be brought to the police station within twenty-four hours and a police report made. (4) The State Water Authority shall produce anything seized under this Enactment before a Magistrate Court within twenty-four hours from the time of the seizure.

39. Search list

(1) The State Water Authority shall prepare a search list of the things or documents seized under this Enactment and forthwith sign the search list.

(2) The State Water Authority shall request the person from whom the things or documents were seized to acknowledge the search list. If any person who refuses to acknowledge the search list, the State Water Authority shall make comments on the search list of such refusal.

40. Power to investigate

The State Water Authority may apply the provisions of the Criminal Procedure Code [Act 593] for the purpose of investigation.

41. Power to require attendance of witnesses

(1) The State Water Authority in making an investigation for any offence under this Enactment, may order in writing, require any person to appear before the State Water Authority for the purpose of investigation.

(2) Any person who refuses to comply with the provision of subsection (1) commits an offence.

42. Examination of witnesses

(1) The State Water Authority in making an investigation under this Enactment, may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.

(2) Before an oral examination is made under subsection (1), if the person examined is a witness, he shall be cautioned in the following manner -

(a)that he shall be bound to answer all questions relating to such case put to him by such officer and that he shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to such questions; and

(b)that he may refuse to answer any question which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

(3) Any statement made under subsection (1) shall be reduced in writing. That statement shall be read over to him in the language in which the statement was recorded after he has been given an opportunity to make any correction as he wish. Thereafter, the person shall sign the statement or affix his thumb print as the case maybe. The recording officer shall also affix his signature on the statement.

43. Admission of statements in evidence

Where any person is charged with any offence under this Enactment, his statement shall be recorded in accordance with the caution administered under section 113 of the Criminal Procedure Code. [Act 593].

44. Disposal of things seized

The State Water Authority may dispose in a manner he deems proper, anything seized under this Enactment.

45. Seizure and forfeiture of vehicles, equipment or things

(1) Where any vehicle, equipment or things seized under this Enactment and there is no prosecution in respect thereof, such vehicle, equipment or thing shall be held for a period of one month from the date of the seizure and at the end of which period, it shall be deemed to be forfeited, unless a written claim thereto is received within the said period.

(2) Notwithstanding that there is no prosecution under subsection (1), if any written claim is made within a period of one month, the State Water Authority shall refer the case to the Court for disposal. The Court may order the seizure of such vehicle, equipment or thing seized if it is found to be used in the commission of an offence.

46. Temporary return of vehicles, equipment or things seized

(1) Where any vehicle, equipment or things seized under this Enactment, pending the completion of the investigation or prosecution, the State Water Authority may temporarily return the vehicle, equipment or things to the owner thereof or to the person from whose possession, custody or control it was seized, subject to such terms and conditions (including the suspension of any licence issued under this Enactment) as the State Water Authority may impose, and the provision of sufficient security.

(2) Notwithstanding subsection (1), the security to be furnished thereunder shall not be less than the aggregate value of the vehicle, equipment or things seized.

47. Disclosure of letter of authority

Any authorized officer under this Enactment while discharging his powers, functions and duties shall on demand produce his letter of authority issued by the State Water Authority.

48. Power to compound (1) The State Water Authority may compound any offence committed against this Enactment or any regulation made hereunder. Such compound shall not exceed fifty per centum of the maximum fine with which the offence is punishable.

(2) The offer to compound shall be in the form of the Second Schedule.

(3) Any payment of the compound shall be made to the State Water Authority within seven days of the receipt of the compound notice. Upon receipt of the payment under subsection (1), no further proceeding shall be taken against such person in respect of such offence and anything seized in connection with the offence shall be deemed to be forfeited.

(4) Any monies paid to the State Water Authority pursuant to the provisions of this section shall be paid into the State Consolidated Fund.

(5) Offences under sections 60 and 63 are not compoundable . PART VIII OFFENCES, PENALTIES AND COMPENSATIONS

49. Injuring water supply system, misuse, etc

Any person who -

(a)wilfully or negligently damages or causes to be damaged any conduit, reservoir, cistern, pump, well, pipe, valve, meter or part of any water supply system belonging to or under the management or control of the State Water Authority;

(b)unlawfully flushes, draws off, diverts or takes water from any water supply system or part thereof belonging to or under the management or control of the State Water Authority from which water is supplied to any water supply system unless otherwise permitted under any other written law;

(c)bathes, wastes in or throws any rubbish or creature, dead or alive, into any water supply system or part thereof;

(d)wilfully or negligently deposits or allows to be deposited any earth, materials or liquid in such manner or place into any water supply system or part thereof;

(e)wilfully or negligently misuse or waste or allows to be misused or wasted any water supplied from any water supply system either through any public standpipe or hydrant;

(f)hinders or obstructs the State Water Authority in the carrying out or performance of its duties, functions or powers pursuant to this Enactment or regulations made hereunder; or

(g)removes or destroys any mark set up for the purpose of indicating the level of water in any watercourse by which water is supplied to any water supply system, commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or both and in the case of a continuing offence to a further fine not exceeding one thousand ringgit for each day or part thereof during which the offence is continued.

50. Unlawful connection of service pipes and continuing offence

Any unlawful connection of a service pipe to a public mains or to another service pipe serving another premises, shall be presumed until the contrary is proved that the unlawful connection was made by the owner or occupier of the first mentioned premise, commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or both and for each day the offence is continued it shall be a separate offence.

51. Pollution

Any person who pollutes water in the water supply system by -

(a)depositing or allowing to be deposited any earth, material or liquid in such manner or place that it may be washed, fall or be carried into the waterworks;

(b)washing or bathing, or throwing into any part of the waterworks; or

(c)throwing or causing to enter therein any creature, dead or alive, commits an offence and shall on conviction be liable to a fine of not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or both.

52. Dishonest tampering of meter

(1) Any consumer who -

(a)causes or permits to be altered or tampered, any supply pipe with intent to avoid the accurate measurement of water; or

(b)wilfully or negligently interferes or tampers with or injures or damages any meter; or

(c)dishonestly alters the index of any meter belonging to the State Water Authority for measuring the water supplied by such authority; or

(d)dishonestly prevents any meter belonging to the State Water Authority from registering correctly the quantity of water supplied, commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or both.

(2) Any supply pipe so altered or meter so injured, altered, tampered or interfered with shall not be replaced or repaired by the State Water Authority unless the costs incurred for the replacement or repair is paid first.

(3) It shall be presumed until the contrary is proved in Court that the meter has been injured, altered, tampered or interfered with.

53. Illegal reconnection and continuing offence

Any consumer whose water supply has been disconnected by the State Water Authority and it is found that the supply has been reconnected illegally, shall be deemed, until the contrary is proved, to have committed the offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or both, and for each day the offence is continuing it shall be a separate offence.

54. Offences relating to the use of water supplied

(1) Any consumer who -

(a)has a contract with the State Water Authority for the supply of water allows or causes any such water to be carried or conveyed or used outside such premises for purposes other than the purpose of the contract (the extinguishments of fire excepted);

(b)wilfully or negligently misuses or wastes or causes or permits to be misused or wasted any water supplied to his premises; or

(c)has agreed to use the water supplied for a particular purpose only but uses or causes or permits the use of water for a different purpose (the extinguishment of fire excepted), commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.

(2) Nothing in this section shall affect the rights of the State Water Authority to disconnect water supply from the premises of the consumer who is reasonably suspected of having committed any of the offences in subsection (1) and the State Water Authority shall not be held liable for any loss or damage to any person or property as a result of such disconnection.

55. Taking water for purposes prohibited by regulations Any consumer who uses or causes or permits the use of water supplied to him for purposes prohibited by the regulations made under this Enactment commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.

56. Altering services

Any consumer who alters or causes or permits to be altered any plumbing system so as to enable him to get a greater supply of water as prescribed by the regulations made under this Enactment, commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.

57. Unlawful taking of water from fire hydrant

Any person who takes water from any fire hydrant without the written approval of the State Water Authority, except for extinguishments of fire, commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.

58. Failure to report damage

Any person who neglects or fails to report to the State Water Authority of any communication pipe or part thereof which has become damage so as to cause or is likely to cause contamination or waste of water, commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.

59. Failure to repair damage

Any consumer who neglects or fails to clear any obstruction or repair any damage that may cause or is likely to cause contamination, waste, undue consumption or blockage of water in any part of the service pipe (other than a communication pipe), a distribution pipe or water fitting in or upon any premises commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.

60. Wilfully causing loss

Any person who wilfully causes chargeable water not to be collected or billed commits an offence and shall on conviction be liable to a maximum fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or both.

61. Tampering of water supply system or part thereof

Any person who tampers with any valve, fire hydrant or any water supply system or part thereof commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or both.

62. Compensation for damage

The State Water Authority may recover compensation from any person who wilfully or negligently damages or causes to be damaged any meter, valve, fire hydrant, public standpipe, pipe or any water supply system belonging to the State Water Authority.

63. Offence using explosive or poisonous substance

Any person who intends to commit an offence using any explosive substance, explosive projectile, natural poisonous substance or poisonous chemical substance in the water supply system commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or imprisonment not exceeding two years or both.

64. Contravention of restrictions during water supply emergency

Any consumer who contravenes or fails to comply with the provisions of section 34 commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a period not exceeding two years or both.

65. Obstruction against the State Water Authority

Any person who resists or wilfully obstructs the State Water Authority or fails to comply with any requirement made by the State Water Authority in the exercise of his powers, functions and duties under this Enactment commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.

66. General penalty for breach of Enactment or regulations

(1) Any person who contravenes or fails to comply with any of the provisions of this Enactment or any of the regulations made hereunder for which no penalty has been provided for, commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit.

(2) Any person who abets the commission of an offence punishable under this. Enactment or any of the regulations made hereunder shall be punishable as if he had committed the said offence . (3) Nothing in this Enactment shall prevent or shall be held to prevent the State Water Authority from instituting any action or suit against any person for any damage caused to any water supply system or part thereof.

PART IX POWERS OF THE MINISTER

67. Power to issue directive

The Minister may give any specific or general direction to the State Water Authority not inconsistent with this Enactment.

68. Power to constitute a Board

(1) The Minister may constitute a Board for the purpose of this Enactment and matters related thereto.

(2) The constitution of the Board shall be published in the Gazette.

69. Enabling power for any agency to assume responsibility of the State Water Authority

The Minister shall seek the consent of the State Legislative Assembly for any agency to assume the responsibility of the State Water Authority for such period and conditions as the Minister may determine.

70. Approval of Minister to delegate powers, functions and duties of State Water Authority to Water Supply Authority

The State Water Authority may, with the approval of the Minister -

(a)transfer, assign or delegate any of the powers, functions and duties and obligations; and

(b)transfer, convey any of its movable assets or lease any of its immovable assets to any Water Supply Authority.

71. Special power in emergency

(1) The Minister may, on the occurrence of any industrial unrest, strike, lock-out, natural disaster or any other event which gives rise to an emergency, or in the interest of public safety, issue a certificate in accordance to the Third Schedule, authorizing the State Water Authority to -

(a)suspend the licence of the Water Supply Authority, take possession of such water supply undertaking and operate it in such manner as it deems fit; or ] (b)withdraw either partially or totally the use of any water supply undertaking from the Water Supply Authority.

(2) Where the State Water Authority takes possession of any water supply undertaking under subsection (1), no compensation shall be paid.

72. Regulations

The Minister may, after consultation with the State Water Authority, by order published in the Gazette, make any regulations specifically or generally for the purpose of carrying out the provisions of this Enactment such as -

(a)the form of all notices required to be given or sent under this Enactment, and the issuing and service thereof;

(b)fees, surcharges and deposits to be paid by consumers;

(c)the time and place for the payment of all monies due or to become due under this Enactment;

(d)the sale and price of water;

(e)free allowances of water to approved house of worship and fire hydrants;

(f)the fixing of meters, the cost of meter rents and the ascertaining of consumption at any premises;

(g)the notification of restriction or suspension of water supply and the disconnection or re-connection of the water supply from or to a consumer;

(h)the licensing of pipe-fitters and mains layers;

(i)the type, size and quality of pipes and fittings to be used on any pipe and fire hydrants;

(j)the construction, alteration and maintenance of any pipe, fitting and fire hydrant; and notification to consumers that any pipe or fire hydrant is defective;

(k)the prevention of waste and the prohibition of the re-sale of water;

(l)the taking of water from public stand pipes, the regulation or restriction of the persons resorting or desiring to resort thereto, the apportionment, rationing or restriction of the supplies which may be taken there from;

(m)the use of water for fire services or sewerage purposes, or any public sewerage system;

(n)the conservation and use of water from the waterworks;

(o)the regulation, protection and control of the impounding works and matters connected therewith;

(p)the licensing of Water Supply Authority, the fees to be paid and the security to be furnished for such licences;

(q)the manner in which any property seized under the provisions of this Enactment may be dealt;

(r)the payment of rewards and other incentives to persons for information leading to the arrest or conviction of persons for offences committed under this Enactment;

(s)the control and prevention of contamination and pollution of water supply;

(t)the sanctioning of the alternative water supply system; and

(u)the establishment of drinking water quality surveillance program or scheme.

PART X MISCELLANEOUS

73. Vesting of land and reversion upon expiry

For the purpose of section 69, where in the opinion of the Yang di-Pertua Negeri it appears desirable, he may from time to time vest any State land or immovable asset in the agency and such State land or immovable asset shall be held in trust for the State Water Authority, and upon expiry of the period or determination, such State land or immovable asset shall be reverted to the Government.

74. Immunity of the State Water Authority

The State Water Authority or officers or employees of the State Water Authority or any person whomsoever acting under the direction of the State Water Authority shall not be personally liable for any act or default of the State Water Authority due or omitted to be done in good faith and without negligence in the course of the performance or execution of the duties and functions of the State Water Authority.

75. Public Authorities Protection Act 1948

The Public Authorities Protection Act 1948 shall apply to any action, suit, prosecution or proceedings against the State Water Authority or agent of the State Water Authority in respect of any act, neglect or default done or committed by any of them in such capacity.

76. Repeal and savings

(1) The Water Supply Ordinance 1961 [Sabah No. 16 of 1961) is repealed.

(2) The repeal of the said Ordinance shall not affect the rights, obligations, powers, functions and duties of any Water Authority established prior to the date of the repeal thereof, nor affect in any way, any regulation, order, declaration or notification issued prior to the date of such repeal and such regulation, order, declaration and notification should continue in full force and effect until replaced or substituted or amended by a new regulation, order, declaration or notification made hereunder.

(3) Any Water Authority constituted under the repealed Ordinance shall, on the date of the repeal thereof, be known and referred to as State Water Authority and its name shall be amended accordingly.

(4) Any water bill which have been paid in accordance to the water rates prior to the coming into force of this Enactment shall be deemed to have been paid under the provisions of this Enactment.

(5) Any civil proceedings or cause of action pending or existing immediately before the commencement of this Enactment by or against the Water Authority constituted under the repealed Ordinance or any person acting on its behalf may be continued and instituted by or against the State Water Authority as it might have been by or against the Water Authority constituted under the repealed Ordinance or such person as if this Enactment had not been passed.

77. Prevention of anomalies

(1) If any difficulty or anomaly arises in connection with the transitional provisions contained in this Enactment, the Minister may, subject to subsection (2), by Order make such modifications therein as may appear to him necessary for removing, resolving or preventing such difficulty or anomaly.

(2) The Minister shall not exercise the powers conferred by subsection (1) after the expiration of two years from the commencement of this Enactment.

FIRST SCHEDULE

I, ............................................................, the State Water Authority / Water Supply Authority hereby certify that you * ............................................... of ** ....................................................... and account number *** ...................................owe the State Water Authority / Water Supply Authority the sum of RM ............................................................. for .................................................... (the nature of non-payment) ........................................

You are indebted for the sum certified.

This certificate is dated this ............ day of ...................... month ............. year.

(Name of State Water Authority / Water Supply Authority)

* Name and NRIC / passport number

** Address

*** Account number in the State Water Department.



SECOND SCHEDULE WATER SUPPLY ENACTMENT 2003

OFFER TO COMPOUND AN OFFENCE (Section 48)

In reply please quote

Office........................ Place....................

Reference No................... Date....................

Sir/Madam

You, [Name].................................

[Identity Card Number].........................have committed an offence under section ...............of the Sabah Water Supply Enactment 2003.

Date.............. time .................place..........................Offence *....................................

2.You are hereby informed that under the powers vested in me by section 50 of the said Enactment, I am prepared to compound this offence for the sum of RM............... (Ringgit..........................).

3.If this offer is accepted, payment should be made by cash or money order or postal order to the office quoted above and an official receipt will be issued.

4.This offer to compound the offence shall remain in force for ...................days only from the date of issuance of this notice and if no reply is received within that period, proceedings by summons will be instituted. ..........................

State Water Authority

*Give details

THIRD SCHEDULE SABAH WATER SUPPLY ENACTMENT 2003

CERTIFICATE STEP-IN-RIGHTS (Section 71)

I, ......................................................, the Minister responsible for water supply under this Enactment hereby certify that ..............................................has occurred which gives rise to an emergency and hereby authorize the State Water Authority to exercise the power conferred under this section.

This certificate is dated this ........... day of ..................... month ...........year.

(Name of Minister)

Minister in charge of water supply

CERTIFIED by me to be a true copy of the Bill passed by the Legislative Assembly on Monday, the 20th day of October, 2003.

DATUK JAMES A. VITALES,

Deputy Speaker,

State Legislative Assembly.