Water Ordinance, 1994

This Ordinance shall come into force on such date as the

Minister may, by notification in the *Gazette, appoint, and the

Minister may appoint different dates for the coming into force of different Parts or provisions of this Ordinance.

Interpretation

where the communication pipe ends at a stopcock, that stopcock; and

any stopcock fitted on the communication pipe between the end thereof and the main;

“consumer” includes any person who is supplied or applies to be supplied with or who uses water from the waterworks, or who is liable for payment of rates in relation to the supply of water or for payment of moneys due or to become due under this

Ordinance;

“contamination” means degrading the quality of water to a measurable and significant degree with respect to its drinking properties;

“Council” means the Sarawak Water Resources Council established under section 3;

“fittings” includes pipes (other than mains), taps, cocks, valves, ferrules, meters, cisterns, filters, baths, sinks, water closets, water heaters, fire-fighting equipment, telemetering system and any other appliances or apparatus used in connection with the supply or use of water;

“Government” means the Government of the State of

Sarawak;

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“groundwater” means water naturally stored or flowing or occurring in the underground strata and is sometimes referred to as “underground water”, and includes water on wet land;

“health authority” means the Director of Health Services in

Sarawak or such other authority having powers conferred by written law to determine the standards of safe drinking water in

Sarawak;

“impounding works” means either of the following, that is to say—

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);

“inland water” shall have the same meaning assigned to that expression by the Natural Resources and Environment Ordinance

[Cap. 84 (1958 Ed.)];

“land” has the same meaning as that assigned to that term by the Land Code [Cap. 81 (1958 Ed.)], and includes land covered with water;

“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 a water supply authority for the purpose of giving a general supply of water under pressure, but does not include a communication pipe, a service pipe or a stopcock;

“mainslayer” means any person licensed by the State Water

Authority to construct, alter or repair; pressure test and do tapping on watermains, 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;

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“meter” includes any appliance or equipment used to measure, ascertain or regulate the amount of water taken or used from the waterworks;

“Minister” means the Minister in the Government charged with the responsibility for public utilities;

“Natural Resources and Environment Board” means the

Board established under section 3 of the Natural Resources and

Environment Ordinance [Cap. 84 (1958 Ed.)];

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

“pollutes” or “pollution”, in relation to water, waterworks or water resources, shall mean any direct or indirect alteration of such water or waterworks or water resources 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 (whether completed or not), land without any building or structure, and any wharf, pier, passenger landing facility, vessel, structures floating or erected on the waters of any rivers or streams in Sarawak;

“public stand pipe” includes any fountain, pipe, tap or appliance provided and maintained by a water supply authority for the purpose of supplying of water to the general public;

“repealed Ordinance” means the Water Supply Ordinance

[Cap. 141 (1958 Ed.)];

“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 mains, or would be so subject but for the closure of some tap;

9

“State Water Authority” means the authority appointed under section 16(1);

“statutory water company” means any company appointed and licensed under Part V of this Ordinance to supply water to the public within the State of Sarawak or a company in whom the assets of any water supply authority are vested pursuant to this

Ordinance or any other State laws;

“supply pipe” means any portion of any service pipe which is not a communication pipe;

“Water Board” means a Board established pursuant to the provisions of section 19(1);

“water resources” refers to water occurring in nature as a component of the hydrological cycle, mainly in the form of rainfall, surface and ground waterflows and its storage, which can be harnessed and utilized for the benefit of human beings;

“water supply authority” means any authority appointed or established under section 18(1), and includes a Water Board established under this Ordinance or any Water Authority or a

Water Board constituted under the repealed Ordinance, or a statutory water company;

“waterworks” includes all reservoirs, dams, weirs, tanks, tunnels, aquaducts, mains, pipes, meters, fountains, standpipes, sluices, valves, 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 whether belonging to the

Government or any water supply authority or any statutory water company;

“wet lands” means areas of marsh, fen, peatland, or areas of seasonally, intermittently or permanently waterlogged soils or inundated land, whether natural or otherwise, fresh or saline.

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In this Ordinance, a reference to the Yang di-Pertua Negeri shall be construed as a reference to the Yang di-Pertua Negeri acting in accordance with the advice of the Majlis Mesyuarat Kerajaan Negeri or of a member thereof acting under the general authority of the Majlis.

to identify all available water resources in the State and to promote the conservation, augmentation, development, management and proper use of these water resources;

to promote the integration of water resources and land-use, planning and management in the State;

to broadly monitor the plans and actions of any

Government agencies or private agencies which may significantly affect the quality or quantity of the water resources of the State;

to advise the Government on:

the conservation, protection, development and management of the water resources of the State;

subject to any guidelines and directions provided by the Natural Resources and Environment Board, the policies to be adopted in relation to the use, development and management of water resources;

to consider any matter affecting water resources referred to it;

in collaboration with the appropriate Government departments and agencies of the State or with any person or body, to initiate, conduct, or arrange studies, investigations and research relating to the water resources of the State in general and the availability and use of such water resources in particular;

on its own initiative, to make representation, to tender advice, and to make reports to the Government on any matter relating to the development, conservation and management of the water resources of the State;

in consultation with the health authority, to ensure that the standards for safe drinking water are maintained by a water supply authority;

to promote and undertake measures to foster public awareness and understanding the conservation, management and use of such water resources; and

to carry out or undertake such other functions as the

Yang di-Pertua Negeri may require or direct or as may be conferred by this Ordinance or any other written laws.

In the discharge or execution of its duties and functions, the Council may form Committees or sub-committees comprising of such members (including ex officio members) of the Council and such other persons as the Council may deem fit or appropriate to be co-opted members of such Committee or sub-committee.

the State Secretary or his nominee as Chairman;

the State Financial Secretary or his nominee as the

Deputy Chairman;

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the Permanent Secretary to the Ministry of Resource

Planning or his nominee;

the Director of State Planning Unit or his nominee;

the health authority or his nominee;

the Director of Public Works or his nominee;

the Director of Irrigation and Drainage or his nominee;

not less than two but not more than five other members appointed by the Yang di-Pertua Negeri.

The public officer acting as or appointed to discharge the duties and functions of the State Water Authority, the General

Manager of a Water Board and the General Manager of any statutory water company or their respective nominees shall be ex officio members of the Council.

Ex officio members of the Council and their respective nominees mentioned in subsection (2) shall not have the right to vote at any meeting of the Council.

The quorum of any meeting of the Council shall be constituted by five of the members referred to in subsection (1).

If the Chairman is unable to exercise his functions under this Ordinance or any regulations made hereunder due to illness, absence from Sarawak or any other cause, his functions shall be exercised by the Deputy Chairman, and in the absence of the

Chairman and the Deputy Chairman, the Council shall elect one of its members to preside.

The Council shall meet at least once in every six months.

A meeting of the Council shall be convened by the

Chairman by notice in writing to the other members (including ex officio members) and the meeting shall be held at such time and place specified in the notice.

13

A member who is appointed under section 5(1)(h) shall be deemed to have vacated his office—

A member of the Council (including an ex officio member)

shall be entitled to reimbursement for any expenses reasonably incurred by him in the performance of his duties and functions under this Ordinance, and for attendance at any meeting of, or any function organized or approved by, the Council.

14

The Council, with the approval by the Minister, may appoint a Secretary of the Council on such terms and remuneration or allowance as the Council may deem fit.

The Secretary of the Council shall have custody of the Seal of the Council and its official records and shall be responsible for—

Upon receipt of the comments and advice of the Council and the Natural Resources and Environment Board, the State Water

Authority shall submit its proposal to declare the area a water catchment area to the Majlis Mesyuarat Kerajaan Negeri, through the

Minister.

15

Where the Majlis Mesyuarat Kerajaan Negeri agrees with the proposal, it shall, by Order published in the Gazette, declare the area a water catchment area.

The Order made under subsection (3) shall—

The Majlis Mesyuarat Kerajaan Negeri may, by Order published in the Gazette, amend, vary, modify or rescind any Order made under subsection (3).

[Sub. Cap. A76.]

If the Majlis Mesyuarat Kerajaan Negeri is satisfied that any unalienated land within a water catchment area is required by a water supply authority for the protection of the waterworks from contamination or for the conservation of water resources, the Majlis

Mesyuarat Kerajaan Negeri may order such land to be alienated to the water supply authority: Provided that such alienation shall be carried out in accordance with the provisions of the Land Code [Cap.

(1958 Ed.)].

Water supply authority to comply with Natural Resources and

Any person who fails to comply with a Stop Order shall be guilty of an offence: Penalty a fine up to a sum of RM100,000 and imprisonment for 5 years.

The State Water Authority and any person properly authorized by the State Water Authority may seize and remove any tool, appliances and equipment used in connection with any prohibited activity carried out in a water catchment area upon the issuance of a

Stop Order by the State Water Authority.

Any property seized pursuant to subsection (3) shall be dealt in accordance with an Order of Court or any regulations made under this Ordinance.

17

For the purpose of this section, water for the time being contained in—

The prohibition in subsection (1) shall not apply to—

The State Water Authority shall revoke or suspend any licence issued under section 12(1), if, at any time during the currency of the period of the licence, the groundwater abstracted for the purpose of human consumption does not comply with the standard of safe drinking water determined by the health authority or has been contaminated.

a licence granted by the State Water Authority and in accordance with the terms and conditions imposed on such licence to obstruct or impede the flow of that inland water at that point by means of impounding works is in force;

the impounding works will not obstruct or impede or alter the flow of inland water except to the extent and in the manner authorized by the licence; and

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any other requirements of the licence, whether as to the provision of compensation or rates or tariffs for water impounded or otherwise, are complied with.

The restrictions stipulated in subsection (1) shall not apply to—

appoint an officer from the State Public Service, as the

State Water Authority; or

establish a body corporate with perpetual succession and a common seal and which may sue and be sued in its name to be called the State Water Authority consisting of not less than three members, including the Chairman, but not more than six members as may be appointed by the Yang di-Pertua Negeri, and shall have all the powers conferred on it by this Ordinance and regulations made hereunder.

There shall be appointed such number of officers and servants as are necessary to assist the State Water Authority in the discharge of its duties and functions under this Ordinance.

Any legal proceedings by or against the State Water

Authority may be brought by or against or instituted in the name of the “State Water Authority”.

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All documents, licences, deeds, contracts and other instruments to be issued, signed or executed by or in the name of the

State Water Authority, shall be signed by the public officer appointed pursuant to subsection (1)(a) as the State Water Authority or any person specially authorized by the State Water Authority in that behalf.

No person shall supply water for public consumption without a licence issued by the State Water Authority.

In the discharge of its powers and functions, the State

Water Authority shall comply with such directions as may be given by the Minister from time to time, and such directions or guidelines made by the Council.

The State Water Authority may, with the approval of the

Minister, delegate any of its powers or functions conferred by this

Ordinance or regulations made hereunder, to any statutory body, or another public officer or any other person.

The appointment or establishment of a water supply authority pursuant to subsection (1) shall be published in the Gazette, and the Gazette notification shall stipulate—

A 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, nevertheless, to the general control and supervision of the State Water Authority.

It shall be the duty of a water supply authority, subject to the provisions of this Ordinance and any regulations made hereunder, to supply water to the consumers within the limits of its area of supply.

A Water Board established under this section shall consist of not less than five members, including the Chairman, but not more than eleven members.

An Order under subsection (1) shall—

The provisions contained in the Schedule shall apply to a

Water Board established under this section. The Yang di-Pertua

Negeri may, by notification in the Gazette, amend or vary any of the provisions in the Schedule.

[Ins. Cap. A76.]

22

Any Order made pursuant to this section may be amended, varied or modified by the Yang di-Pertua Negeri, and where it is considered necessary to dissolve such Board, he may revoke such

Order.

as regards any street or road which is a State road as defined under the State Roads Ordinance, 1994 [Cap. 9], the

State Water Authority shall ensure that a water supply authority complies with the provisions of that Ordinance when executing any works on such State road;

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 water supply 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

the construction, laying, repair and alteration of such mains shall only be undertaken by mainslayers licensed by the

State Water Authority.

Before entering on any land for the purpose specified in subsection (1), the water supply 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 acts intended to be done, and informing the owner or occupier of the provisions of subsection (4).

Such notice shall be deemed to be properly given 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 given 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.

If any objection or dispute arises touching the acts intended to be done or the amount or apportionment of compensation under subsection (1), the same shall be ascertained and determined by a

Sessions Court in Sarawak, subject to any appeal to the High Court whose decision shall be final.

Power of water supply authority to transfer its functions and duties to a statutory water company 23.

A water supply authority may with the approval of the

Yang di-Pertua Negeri—

to take over, assume or carry out the functions, duties, obligations, activities and business of any water supply authority;

or

to assign the assets, both movable and immovable, of any water supply authority that may be vested or to whom such assets may be conveyed, transferred or leased by the water supply authority; or

to manage or administer any water supply authority; or

to manage, distribute and supply water in any area where supply of water is not already undertaken by any water supply authority.

The Statutory Order shall stipulate—

The Yang di-Pertua Negeri may by Order published in the

Gazette vary, amend, modify or rescind any Statutory Order made pursuant to this section.

In the event of the Statutory Order being rescinded pursuant to subsection (3), the statutory water company shall forthwith cease to discharge or carry out any of the functions, duties, obligations, activities or business stipulated in the Statutory Order;

and the Yang di-Pertua Negeri shall be at liberty to appoint another statutory water company to take over such functions, duties, activities or business or to permit the State Water Authority to assume responsibility for the same.

The period of such licence shall be determined by the

Minister and shall contain such terms and conditions as he deems fit to impose.

The shares in a statutory water company shall be held by—

In the event that the assets of a water supply authority are to be transferred to a statutory water company, the statutory water company shall issue to the Corporation shares at its nominal value which will be equal to the value of such assets transferred to the statutory water company.

The management and administration of a statutory water company shall be governed by an Agreement between the

Government and the statutory water company. Such an Agreement shall be concluded prior to the making of the Statutory Order and may not be varied, amended or modified without the express approval of the Minister.

Without prejudice to the generality of subsection (4), the

Agreement between the Government and a statutory water company shall incorporate the following specific terms and conditions:

there has been any breach of any condition of the licence or provision of this Ordinance or any regulations made hereunder;

there has been a breach by the statutory water company of the terms and conditions of the Agreement referred to in section 26(4) and (5);

the water supplied does not meet the standard set by the health authority for safe drinking water;

the statutory water company has registered the transfer of any shares held by parties referred to in section 26(2)(b), without the express approval of the Minister; or

the statutory water company has become insolvent, or a liquidator or receiver appointed either by a Court of competent jurisdiction or by its creditors for the Company.

Upon the termination or revocation of the licence, the

Statutory Order in respect of the statutory water company shall forthwith be revoked by the Yang di-Pertua Negeri.

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 section 51.

28

When the construction of a supply pipe and fitting has been completed to the satisfaction of the water supply authority, it shall be connected by the water supply authority to the waterworks, subject to—

Notwithstanding the provisions of subsections (1), (2) and

, the water supply authority shall not, unless otherwise directed by the State Water Authority, be under any obligation to connect with the waterworks the supply pipes of any premises which are—

29

Nothing in this section shall be deemed to restrict the drawing of water by any person from any public standpipe in any area of supply in which public standpipes are provided by the water supply authority.

Unlawful connection of water supply 29A.―(A) Any person who connects or permits or causes to be connected, a supply pipe to any waterworks so as to enable water to be supplied to premises owned or occupied or used by him, in contravention of section 29(1) or (3) commits an offence and shall, on conviction, be liable to―

Any person who aids or abets in the commission of any offence under subsection (1) commits an offence and shall, on conviction, be liable to fines and imprisonments stipulated for the offender in subsection (1), and if the person is a licensed pipe fitter or mainslayer, the Court may, on his conviction, or suspended for such period of time as the Court may determine.

[Ins. Cap. A126.]

30

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

The water supply authority shall fix the meter or cause the meter to be fixed at such part of the premises of the consumer as may be determined by regulations made under section 51.

Disconnection of supply pipe 34.―(1) It shall be lawful for the water supply authority to disconnect from the waterworks the supply pipe to any premises, without prejudice to any water rate, meter rent or other sums due or to become due under this Ordinance or any rating regulations made hereunder, if the consumer—

31

Before exercising its powers under subsection (1), the water supply authority shall give a written notice to the consumer to remedy or rectify the default or contravention within such period as may be specified in the notice.

If on the expiry of the period specified in the notice given under subsection (2), the consumer fails to remedy or rectify the default or contravention, the water supply authority may proceed to disconnect the supply pipe to the premises.

Where the supply pipe to any premises has been disconnected by the water supply authority and it is found that the supply of water has been reconnected to the premises without the permission of the water supply authority, the occupier of such premises shall be presumed, until the contrary is proved, to have reconnected or authorized the reconnection of the water supply and he shall be guilty of an offence and subject to the penalty under section 29A.

[Sub. Cap. A126.]

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Power to enter into premises

to 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;

to regulate and repair any supply pipe or meter;

to ascertain the consumption;

to 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;

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

whenever the available supply of water from the waterworks shall, in the opinion of the water supply authority, be insufficient;

33

whenever 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 services;

whenever any public standpipe is damaged or the waters thereof are polluted or wasted;

in the case of an outbreak of fire; or

in case of a breakdown in the waterworks, and neither the water supply authority nor any servant or agent of the water supply authority shall be liable for any damage or loss which may result from such restriction, withholding, suspension, stoppage, turning off or diversion.

Special powers during emergency 36A.―(1) The Minister shall have any or of the following powers during an emergency:

to prohibit or restrict the use of water in any particular area or throughout the State:

generally or for a specified purpose;

to impose in any specified area or throughout the State:

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

The Minister shall, as soon as practicable, after exercising any or all of its powers specified in subsection (1), publish in the

Gazette and in at least one newspaper circulating in the State, a notice specifying the particulars of the powers exercised and action taken under subsection (1).

Any person who fails to comply with any of the decision or action of the Minister as specified in the notice referred to in subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment not exceeding three years or to both such fine and imprisonment.

[Ins. Cap. A126.]

Such deposits may be held by the water supply authority for such time as the water supply authority shall direct and shall bear no interest and may, in the discretion of the water supply authority and without prejudice to the powers of such authority under section 34, be applied to the payment of any money in respect of which the deposit was made and which has not been duly paid in accordance with any regulations made under section 51.

In any such action, a certificate, purporting to be under the hand or seal of the water supply authority, that any sum of money is due to the water supply authority shall, until the contrary is proved, be evidence of such debt and of the non-payment thereof.

injures, interferes with or pollutes the waterworks;

draws off, diverts or takes water from the waterworks, or from any stream or waters by which the waterworks are supplied;

interferes with or opens or shuts any valve, hydrant or stopkcock belonging to a water supply authority;

abstracts groundwater without a licence from the State

Water Authority; or

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begins or carries out any construction of or alteration to any impounding works without a licence from the State Water

Authority or in breach of such licence, shall be guilty of an offence: Penalty, in the case of a first offence, a fine of five thousand ringgit and, in the case of a second or subsequent offence, imprisonment for three years and a fine of twenty thousand ringgit.

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

wilfully or negligently interferes or tampers with or injures or damages any meter;

dishonestly alters the index of any meter used by the water supply authority for measuring the water supplied by such authority; or

dishonestly prevents any meter used by the water supply authority from registering correctly the quantity of water supplied, shall be guilty of an offence: Penalty, in the case of a first offence, a fine not exceeding five thousand ringgit and imprisonment not exceeding two years and, in the case of a second or subsequent offence, a fine not exceeding ten thousand ringgit and imprisonment not exceeding four years.

Any supply pipe so altered or meter so injured, altered, tampered or interfered with shall be replaced or repaired by the water supply authority, and the cost of such replacement or repair may be recovered, upon the order of a Magistrate, from the person convicted under subsection (1) in the same manner as a fine.

37

without the approval of a water supply authority or the consumer removes or takes away any water meter fixed on or outside the premises of the consumer pursuant to section 33(3) to measure water supplied to that consumer: or

has in his possession a water meter which does not belong to him or which is not for the measurement of water supplied by a water authority to him, as a consumer of water, commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment not exceeding twelve months, or to both such fine and imprisonment.

[Ins. Cap. A126.]

If any earth, material, liquid or other pollutants is allowed to remain so deposited after the water supply authority has given notice in writing to such person (which notice may be given in the manner provided by section 22(3)) requiring such earth, material or liquid to be removed, or the continuing deposit of any such earth, material or liquid to cease, such person shall be guilty of an offence:

Penalty, in the case of a first offence, a fine not exceeding five thousand ringgit and, in the case of second or subsequent offence, a fine not exceeding twenty thousand ringgit and imprisonment not exceeding three years.

Any person who washes or bathes in, or throws into, any water course or stream forming part of the waterworks, or washes, throws or causes to enter therein any creature, dead or alive, shall be guilty of an offence: Penalty, in the case of a first offence, a fine not exceeding five thousand ringgit and, in the case of a second or subsequent offence, a fine not exceeding twenty thousand ringgit and imprisonment not exceeding three years.

39

Nothing in this section shall be construed as prohibiting or restricting—

prescribe any offence under this Ordinance or regulations made under this Ordinance as compoundable offences and the procedure for compounding such offences; and

authorize the persons named therein who are officers of a water supply authority to compound such offences.

A person who in authorized to compound offences under subsection (1), may compound any such offence under this Ordinance or regulations made thereunder by collecting from the person reasonably suspected of having committed the offence a sum of money not exceeding one half of the maximum fine prescribed for such offence.

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Where an offence has been compounded under subsection

, no prosecution shall be instituted in respect of the offence against the person whose offence has been compounded, and any document or thing seized in connection with the offence may be released to him by the water supply authority, subject to such terms and conditions as it thinks fit.

All sums collected for compounding an offence under subsection (2) shall be paid into the State Consolidated Fund or if so directed by the Minister, to an account specially designated by a water supply authority to receive such moneys.

[Ins. Cap. A126.]

any public officer of officer of a water supply authority duly authorized in writing by the State Water Authority to exercise such powers (“the authorized officer”). and

any police officer not below the rank of Sergeant (“a police officer”).

In exercising any of the powers of enforcement under this

Ordinance, an authorized officer shall on demand produce and show to the person against whom he is acting the authority issued to him under subsection (1)(a).

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Power of arrest 47B.―(1) Any offence under section 29A, 40, 41, 42A or under regulation 157 of the Water Supply Regulations, 1995 [Swk. L.N.

50/95] shall be a seizable offence within the meaning of the Criminal

Procedure Code [Act 593].

Any authorized officer or any police officer may, without a warrant, arrest any person reasonably suspected of having been concerned in any such seizable offence or if the person refuses to give his name and residence, or gives a name or residence which there is reason to believe is false, or if there is reason to believe that he will abscond.

Every officer making an arrest under this section shall, without unnecessary delay, take or send the person or, if the offence is compoundable under section 46A, to a person empowered under that section to compound the offence:

Provided that, in the latter case, if the arrested person refuses to compound the alleged offence, he shall forthwith be sent to the officer in charge of the nearest police station.

Where the person arrested under this section is required, for purposes of investigation, to be detained for more than twenty-four hours the provisions of section 47F shall apply.

Whenever any authorized officer has reasonable cause to suspect that an offence under this Ordinance or regulations made thereunder has been committed, he may search any conveyance, building or facility under the control of the suspect, his agents or servants.

Power to investigate 47C.―(1) An authorized officer or any police officer in charge of a police station may carry out investigation into any offence under this Ordinance or regulations made thereunder and in carrying out such investigation, the authorized officer may exercise all or any of the special powers in relation to police investigation in seizable cases provided in the Criminal Procedure Code [Act 593].

42

Any authorized officer may by order in writing require the attendance before himself of a person who appears to be acquainted with the facts and circumstances of that case or is suspected of being concerned with the offence under investigation.

If the person who is ordered to attend fails to comply therewith, the authorized officer may report such failure to Magistrate who shall issue a warrant to secure the attendance of that person.

Examination of person acquainted with case 47D.―(1) An authorized officer making an investigation under section 47C may examine orally any person who may be acquainted with the facts and circumstances of the case.

The person shall be legally bound to answer all questions relating to the case put to him by the authorized officer, but the person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

A person making a statement under this section shall be legally bound to state the truth, whether or not the statement is made wholly or partly in answer to questions.

The authorized officer obtaining information from a person shall first inform that person of the provisions of subsections (2) and

.

A statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish.

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Admissibility of statement in evidence 47E.―(1) If any person is charged with an offence under this

Ordinance or any regulations made thereunder,any statement, whether the statement amounts to a confession or not or whether it is oral or in writing, made at any time, whether before or after the person is charged and whether in the course of an investigation under this

Ordinance or not and whether or not wholly or partly in answer to questions, by that person to or in the hearing of an authorized officer and whether or not interpreted to him by another officer or any other person, shall be admissible in evidence at his trial and, if the person charged tenders himself as a witness, any such statement may be used in corss-examination and for the purpose of impeaching him.

No statement referred to in subsection (1) shall be admissible or used in any criminal proceedings―

A statement made by a person before there is time to caution him shall not be rendered inadmissible in evidence merely by reason of his not having been cautioned if he is cautioned as soon as possible after that.

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Where investigation cannot be completed within twenty-four hours 47F.―(1) Whenever any person who is arrested under section 47B or whose attendance is secured by a warrant under section 47C(3)

in connection with an offence, and the investigation cannot be completed within the period of twenty-four hours and there are reasonable grounds for believing that the accusation or informationagainst him is well-founded, the authorized officer investigating the case may deliver him to the nearest police station to be released on a bond or police bail or to be detained thereat pending arrangement to produce the person before a Court competent to try the offence.

Where a person is brought before a Court under subsection

, the authorized officer investigating the case shall comply with section 117(1) of the Criminal Procedure Code [Act 593], and the

Court shall have such powers over that person as are prescribed in section 117(2) of that Code.

[Ins. Cap. A126.]

the form of all notices required to be given or sent under this Ordinance, and the issuing and service thereof;

fees, surcharges and deposits to be paid by consumers;

the time and place for the payment of all moneys due or to become due under this Ordinance;

the sale of water by water supply authority and the price of such water;

free allowances of water to approved hospitals, charitable institutions and fire hydrants;

the fixing of meters, the amount of meter rents and the ascertaining of the consumption at any premises;

46

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

the licensing of pipe-fitters and mainslayers;

the type, size and quality of pipes and fittings to be used on supply pipes and fire services;

the construction, alteration and maintenance of supply pipes, fittings and fire hydrants; and notification to consumers that any supply pipe or fire hydrants is defective;

the prevention of waste and the prohibition of the re-sale of water;

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 therefrom, and the giving of powers to police officers and law enforcement agencies with a view to such regulation, apportionment, rationing and restriction;

the use of water for fire services or sewerage purposes, or the impounding of water for hydro-electricity projects or any public sewerage system;

the conservation and use of water from the waterworks;

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

the procedure of the Council;

the licensing of statutory water company or the abstraction of groundwater and the fees to be paid for such licences;

the manner in which any property seized under the provisions of this Ordinance may be dealt;

47

prescribing, in consultation with the Director of Health,

Sarawak, the minimum standards of water quality;

[Sub. Cap. A126.]

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

the transfer of staff and other employees of a water supply authority to a statutory water company;

the manner in which a statutory water company may undertake the duties, functions and obligations transferred or delegated to them under a Statutory Order;

the control of drawing, draining or taking away of water from wet lands;

the control and prevention of contamination and pollution of water or sources of water supply;

the establishment of drinking water quality surveillance programme or scheme; and

prescribing anything which is by this Ordinance to be prescribed by regulations.

Such regulations may provide that contravention of any specified regulation shall constitute an offence, and may prescribe penalties not exceeding a fine of five thousand ringgit and imprisonment for two years for such contravention.

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

Any Water Authority constituted under the repealed

Ordinance shall, on the date of the repeal thereof, be known and referred to as a water supply authority and its name shall be amended accordingly.

Any water rates which have been paid in respect of any period still current when this Ordinance comes into force shall be deemed to have been paid under the provisions of this Ordinance.

Any civil proceedings or cause of action pending or existing immediately before the commencement of this Ordinance 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 Ordinance had not been passed.

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

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