Malaysia legislation

Section 2

of Sabah Water Supply Enactment 2003

Section 2

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 –

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

“consumer” includes any person, persons, developer 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, developer or body corporate who is otherwise liablefor 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, a feed cistern or a hot water apparatus supplied from a feed cistern and is under pressure only from such feed cistern or hot water apparatus or any inline booster pump;

“fire hydrant” means any device that is connected to a public mains to provide the

(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;

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;

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“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 –

“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;

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

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“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 main” 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;

“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;

“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 supply main to any premises which is subject to water pressure from the supply main, 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;

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“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, intake, 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.