Malaysia legislation

Section 2

of Water Ordinance, 1994

Section 2

(a)

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

(b)

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;

7

“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—

(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);

“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;

8

“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.

10

(2)

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.