Sabah Water Supply Enactment 2003.
Country
Type of law
Legislation
Abstract
This Enactment consisting of 77 articles organized into ten Parts aims to establish regulations for managing and distributing water in Sabah. Article 3 establishes the State Water Authority, responsible for (i) carrying into effect the provisions of this Enactment; (ii) the custody, management, and administration of the water supply system within the State of Sabah, in fact, under Article 16, it is provided that no water supply shall be managed by any entity unless licensed by the State Water Authority. In particular, it is responsible for (i) overseeing the production, distribution, and revenue collection related to water supply; (ii) regulating and controlling the water supply within the state; (iii) ensuring that the water supply is efficient and of high quality; (iv) investigating any accidents related to the operation and maintenance of water supply systems; (v) establishing and enforcing a code of practice for Water Supply Authorities; (vi) prosecuting offenses under this Enactment; (vii) issuing licenses related to water supply; (viii) reviewing and recommending changes to regulations under this Enactment to the Minister. Additionally, the State Water Authority has the power to enter land and premises for construction, maintenance, inspection, and regulation of waterworks, with the ability to restrict or suspend water supply when necessary. It may demand deposits from consumers for water-related services.
Part III showcases details concerning the licensing system. The core part of the Enactment is Part Five which outlines the procedures and responsibilities related to water supply, including the construction and connection of supply pipes, which must meet State Water Authority regulations. Consumers are responsible for the costs associated with these pipes, though the Authority may undertake repairs upon request. The Authority owns and maintains communication pipes, measures water supplied to premises, and manages billing, with unpaid water charges considered a debt. The Authority also has the right to disconnect supply pipes for various reasons, including non-payment, improper construction, or water wastage, without liability for resulting damages. The key points from Part Six of the document regarding restricted water supply are (i) disconnection for offenses: water supply can be disconnected if premises are used for committing an offense or if there is a failure to rectify a contravention after notice; (ii) maintenance and repairs: temporary cessation of water supply is allowed for essential maintenance, repairs, or alterations; (iii) water supply emergency: during emergencies like drought or industrial unrest, water use can be restricted or prohibited, and limits on consumption may be imposed; (iv) no liability: the State Water Authority is not liable for any loss or damage resulting from the stoppage or reduction of water supply. The Enactment also outlines the legal framework for prosecutions related to water supply offenses, allowing authorized individuals to conduct prosecutions and penalizing those who obstruct these officials. The State Water Authority is granted powers to investigate offenses, require witness attendance, and examine individuals acquainted with relevant facts. It can also prepare a search list for seized items and temporarily return seized property under specific conditions. The Enactment also includes procedures for the disposal of seized items and outlines the process for forfeiture if no claims are made within a specified period.
Part III showcases details concerning the licensing system. The core part of the Enactment is Part Five which outlines the procedures and responsibilities related to water supply, including the construction and connection of supply pipes, which must meet State Water Authority regulations. Consumers are responsible for the costs associated with these pipes, though the Authority may undertake repairs upon request. The Authority owns and maintains communication pipes, measures water supplied to premises, and manages billing, with unpaid water charges considered a debt. The Authority also has the right to disconnect supply pipes for various reasons, including non-payment, improper construction, or water wastage, without liability for resulting damages. The key points from Part Six of the document regarding restricted water supply are (i) disconnection for offenses: water supply can be disconnected if premises are used for committing an offense or if there is a failure to rectify a contravention after notice; (ii) maintenance and repairs: temporary cessation of water supply is allowed for essential maintenance, repairs, or alterations; (iii) water supply emergency: during emergencies like drought or industrial unrest, water use can be restricted or prohibited, and limits on consumption may be imposed; (iv) no liability: the State Water Authority is not liable for any loss or damage resulting from the stoppage or reduction of water supply. The Enactment also outlines the legal framework for prosecutions related to water supply offenses, allowing authorized individuals to conduct prosecutions and penalizing those who obstruct these officials. The State Water Authority is granted powers to investigate offenses, require witness attendance, and examine individuals acquainted with relevant facts. It can also prepare a search list for seized items and temporarily return seized property under specific conditions. The Enactment also includes procedures for the disposal of seized items and outlines the process for forfeiture if no claims are made within a specified period.
Attached files
Web site
Date of text
Entry into force notes
This Enactment enters into force on such date as the Minister may, by notification in the Gazette appoint.
Repealed
No
Source language
English
Legislation Amendment
No