Section 34 — Sabah Water Supply Enactment 2003

(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 –

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 under this Enactment provided that –

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 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.

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.

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.

State Water Authority may temporarily cease and reduce water supply

19

(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.

No liability for stoppage or reduction of supply