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Water Act 1965

LAWS OF WESTERN SAMOA

WATER

ANALYSIS

Title

PART I
PRELIMINARY

1. Short title
2. Commencement
3. Interpretation
4. Existing waterworks to be subject to this Act

PART II
WATER CONSERVATION

5. Right to used water to produce electricity
6. Head of State may purchase or take rights
7. Head of State may grant right to use water
8. Minister may use water from waterworks for motive power

PART III
WATER SUPPLY COMMITTEES

9. Head of State may appoint Water Supply Committees
10. Membership and term of office of Water Supply Committees
11. Deputies of members
12. Duties of Secretary
13. Scheme plans
14. Committee may take water
15. Ownership of waterworks
16. Inspections
17. Water Supply Committee may levy water rates
18. Recovery of rates and fines
19. Water rates to be banked and accounts prepared
20. Community appliance out of repair
21. Suggestions for community water supply regulations

PART IV
NORTH UPOLU WATER SUPPLY

22. Scheme plans
23. Owner and occupier of premises connected to North Upolu water supply to pay rates
24, Ordinary and extraordinary supply
25. Extraordinary supply to be metered
26. Disputing accuracy of meter
27. Damaged meters
28. Ordinary water rates to be payable annually
29. When extraordinary water rates payable
30. Cutting off supply of water
31. Discount on rates
32. When water rates a charge on premises

PART V
MISCELLANEOUS

33. Director may construct waterworks
34. Laying pipes for water supply
35. Repairing pipes for water supply
36. Existing waterworks
37. Director or Committee may supply water
38. Consumer to supply, lay and install pipes and appliances
39. Persons supplied with water to keep pipes and appliances in repair
40. Inspection of appliances
41. Modes of service of demand
42. Notice to be given of removal of pipes
43. Pollution of waterworks
44. Factories, etc., may be examined
45. Drawing off water from streams supplying waterworks
46. Offences with respect to waterworks
47. Prohibition of use of polluted water for domestic purposes
48. Minister may prohibit cutting of bush or cultivation
49. Prohibition or restriction of uses of water
50. Rebate of rates on failure of supply
51. Enforceability of contracts
52. Creation of new water supply district
53. Funds of abolished Water Supply Committees
54. Water supply regulations
55. Repeals and savings

Schedules

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THE WATER ACT 1965

1965, No. 33

An Act to consolidate and amend the law relating to water conservation, supply, and use

[10 December 1965]

PART I
PRELIMINARY

1. Short title - This Act may be cited as the Water Act 1965.

As to conservation, etc., of water resources, see s. 75 of the Forests Act 1967. As to water in lakes, etc., see s. 10 of the Electric Power Corporation Act 1972. See further the Land for Water Supply Purposes Ordinances 1921, 1935 and 1955, and the Land for Hydro Electric and Water Supply Purposes Ordinance 1929.

As to administration of this Act, see the Schedule to the Public Works Ordinance 1959.

As to village water supply quality, see rr. 15 to 20 of the Samoa Village Regulations 1938 (N.Z.) reprinted under the title Health.

See also the Fa’asaleleaga Water Supply Act 1969

2. Commencement - This Act shall come into force on the 1st day of January 1966.

3. Interpretation - In this Act, unless the context otherwise requires,-

"Act" includes Ordinance:

"Catchment area" means any area of land from which rainfall flows into a river, stream or lake:

"Committee" means a Water Supply Committee:

"Community" means any settlement, sub-village, village or district served by particular waterworks other than the North Upolu water supply district and any new water supply district created pursuant to this Act:

"Director" means the Director of Works and any person acting under his authority:

"Director of Health" includes any person acting under his authority:

"Freehold land" means land held from Western Samoa for an estate in fee simple:

"Gazette" means the Western Samoa Gazette:

"Government" means the Government of Western Samoa: "Minister" means the Minister of Works:

"North Upolu water supply district" means the area of land described in the First Schedule to this Act:

"Notice" includes a statement conveying the general effect of a matter or thing done or intended to be done:

"Pipe" includes a main and a sub-main:

"Pollutant", in relation to any water, means any substance that contaminates the water so as to change the physical or chemical condition thereof in such a manner as to make the water unclean, noxious, offensive or impure, or as to be detrimental to the health, safety, or welfare of persons using the water:

"Premises" means any piece of land, and if there are buildings of any sort erected on such land, includes such buildings:

"Public notice" means a notice published in the Savali and in some newspaper published in Western Samoa; and if there is no such newspaper, then by a printed or written placard posted in some conspicuous place on the land affected by such notice or to which it relates:

"Publicly notified" means notified by public notice:

"Public place" includes every road, street, footpath, footway, court, alley and thoroughfare of a public nature, or open to or used by the public as of right, and every place of public resort so open or used:

"Savali" means the official newspaper published by the Government:

"Special supply" means a supply of water from a community water supply through a pipe having an internal diameter exceeding [three quarters of an inch]:

"Tap" and "tap connection" means a tap connected to a water supply in or on premises, and includes a hot water tap, a shower tap and a water closet tap, but do not include a stop cock:

"Waterworks" and "water supply" include all rivers, streams, springs, lakes, pools and wells and all rights appertaining thereto and all lands, watersheds, catchment areas, reservoirs, dams, tanks, and pipes, and all buildings, machinery and appliances of every kind acquired or constructed under the authority of this or any other Act or regulation, and used in connection with water supply.

Cf. 1953, No. 8, s. 2; 1954, No. 76, s. 239 (N.Z.); 1964, No. 1, s. 2

"Freehold land": The words “and includes both European and Samoan freehold land" have been omitted pursuant to Art. 123 (2) of the Constitution and s. 3 (f) of the Reprint of Statutes Act 1972.

"Special supply": The words "three quarters of an inch" were substituted for the words "one-half inch" by s. 2 of the Water Amendment Act 1970.

4. Existing waterworks to be subject to this Act - All waterworks and water supply constructed prior to the coming into force of this Act shall be treated as if constructed under the relevant provisions of this Act and become subject thereto accordingly.

Cf. 1954, No. 76, s. 239 (N.Z.)

PART II
WATER CONSERVATION

5. Right to use water to produce electricity - Subject to any rights lawfully held as at the 12th day of April 1928 the sole right to use water in lakes, falls, rivers or streams in Western Samoa for the purpose of generating or storing electricity or other power, or for the purpose of supplying water for domestic, agricultural, pastoral, industrial or commercial uses, is hereby vested in the Government.

Cf. 1928, No. 2, s. 2

6. Head of State may purchase or take rights - (1) The Head of State, acting on the advice of the Minister, may from time to time on behalf of the Government acquire by purchase any existing rights necessary for utilising water for the generation or storage of electrical or other power or for the installation or extension or enlarging of waterworks for any public water supply, including a community water supply, or for any other public purpose.

(2) Subsection (1) of this section shall not apply to rights over or in respect of customary land.

(3) The Head of State, acting on the advice of the Minister, may from time to time, for any of the purposes mentioned in subsection (1) of this section, take on behalf of the Government in the manner set out in Part II of the Taking of Land Act 1964 any right mentioned in that subsection subject to the assessment and award to every person having any estate or interest in the right taken or injuriously affected thereby or suffering any damage by the taking thereof of compensation as provided by Part III of the Taking of Land Act 1964.

Cf. 1928, No. 2, s. 3

7. Head of State may grant right to use water - The Head of State, acting on the advice of Cabinet, may, subject to such conditions as he shall think fit, grant to any person, company or committee the right to use water from any river, stream, lake or pool for the purpose of generating electricity or for the purpose of supplying water for domestic, agricultural, pastoral, industrial or commercial uses.

Cf. 1928, No. 2, s. 4

As to control of water pressure during firefighting, see s. 8 (1) of the Fire Service Ordinance 1955.

8. Minister may use water from waterworks for motive power - The Minister may use the water supplied by any waterworks belonging to the Government for the purpose of obtaining motive power in connection with the production of electricity, or otherwise.
Cf. 1954, No. 76, s. 246 (N.Z.)

PART III
WATER SUPPLY COMMITTEES

9. Head of State may appoint Water Supply Committees - (1) The Head of State, acting on the advice of the Minister, may from time to time, by Proclamation in the Gazette, name and prescribe the boundaries of a community, and appoint a Water Supply Committee to provide for the construction, extension, enlarging, maintenance and control of the water supply of that community.

(2) No Water Supply Committee shall be an agency of^- the Government.

Cf. 1953, No. 8, s. 3

See the Fa'asaleleaga Water Supply Act 1969.

10. Membership and term of office of Water Supply Committees - (1) Any Water Supply Committee appointed under the authority of this Act shall consist of such number of persons as the Minister shall approve but shall not consist of less than 5 persons, of whom the Head of State, acting on such advice, shall appoint one to be the President and one to be the Secretary of the Committee.

(2) Subject to the provisions of this section, the term of office of the members of a Water Supply Committee shall be 3 years. Any member may from time to time be reappointed.

(3) Notwithstanding anything to the contrary in this Act, every member of a Water Supply Committee shall, unless he sooner vacates his office, continue to hold office until his successor is appointed.

(4) Any member of a Water Supply Committee may at any time be removed from office by the Head of State for disability, neglect of duty or misconduct proved to the satisfaction of the Head of State or may at any time resign his office by writing addressed to the Head of State.

(5) If any member of a Water Supply Committee dies or is removed from office or resigns his office, the Head of State, acting on such advice, may by Proclamation in the Gazette appoint another person to be a member of that Committee for the balance of the term of office of the late member.

Cf. 1953, No. 8, s. 4; 1954, No. 6, s. 2

11. Deputies of members-(1) In any case in which the Head of State, acting on the advice of the Minister, is satisfied that any member of a Water Supply Committee is incapacitated by illness, absence or any other sufficient cause from performing the duties of his office the Head of State, acting on such advice, may appoint a qualified person to be a deputy to act for the member during his incapacity, and any such deputy, while he acts as such, shall be deemed to be a member of the Committee.

(2) No such appointment of a deputy and no acts done by a deputy shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased.

Cf. 1954, No. 6, s. 2

12. Duties of Secretary - The Secretary of any Water Supply Committee shall keep a record of the proceedings of his Committee and a roll of ratepayers, collect all water rates and fines payable to his Committee, keep its books of accounts, prepare its annual accounts and prepare such draft regulations or suggestions as to regulations as his Committee desires to formulate and forward to the Minister.

Cf. 1953, No. 8, s. 4

13. Scheme plans - (1) The Director or the Water Supply Committee of a community may prepare a scheme plan for the construction, extension or enlarging of a water supply for that community, and shall submit the scheme plan of the proposed work to the other of them, to the Director of Health and to the Minister [and, if the water supply will come from or through or otherwise affect any State forest land, to the Minister of Agriculture, Forests, and Fisheries, or any other public land, to the Minister of Lands].

(2) All parties mentioned in subsection (1) of this section shall endeavour to ensure that the proposed work will not be detrimental to public health and will be in all the circumstances practicable and desirable.

(3) Neither the Director nor any Water Supply Committee shall commence any such proposed work until the Minister has notified in writing his approval of the scheme plan therefor.

Cf. 1953, No. 8, s. 10

1n subs. (1) the words in square brackets were added by s. 75 (2) of the Forests Act 1967.

14. Committee may take water - Subject to the provisions of this Act and to any rights lawfully held as at the 12th day of April 1928, a Water Supply Committee may take water from any river, stream, lake or pool to the extent authorised by any grant under section 7 of this Act.

15. Ownership of waterworks - (1) All waterworks constructed, whether before or after the commencement of this Act, by the Government for the time being of Western Samoa, or by a Water Supply Committee at the cost, or with the aid (beyond that arising under section 13 of this Act or any former similar provision) of the Government for the time being of Western Samoa, shall vest in the Government.

(2) All waterworks constructed by the Water Supply Committees for the districts specified in subsection (2) of section 55 of this Act shall vest in the Government.

(3) Subject to subsection (2) of this section, all waterworks constructed, whether before or after the commencement of this Act, by a Water Supply Committee without the aid (beyond that arising under section 13 of this Act or any former similar provision) of the Government for the time being of Western Samoa, shall vest in that Committee in trust for its community.

16. Inspections – It shall be the duty of the Director to make regular inspections of all community water supplies in Western Samoa and the operations of all Water Supply Committees, to assist such Committees in their administration, to advise the Secretaries of such Committees as to the keeping of accounts and records, and generally to assist in the arrangements for the installation, extension or enlarging of water supplies and the formation of Water Supply Committees.

Cf. 1953, No. 8, s. 9

17. Water Supply Committee may levy water rates - (1) Any Water Supply Committee appointed or continued in office under this Act shall levy such water rates for water supplied by it as may from time to time be prescribed by regulations made by the Head of State, acting on the advice of the Minister; and any water rates so levied shall constitute a debt due to the Committee:

Provided however that the premises described in the Third Schedule to this Act shall be exempt from payment of water rates.

(2) The owner and occupier of every premises in respect of which water rates are so levied shall be jointly and severally liable for payment of such water rates:

Provided however that only the owner or occupier other than the Government shall be liable for payment of water rates in respect of the premises described in the Fourth Schedule to this Act.

Cf. 1953, No. 8, s. 5

As to exemptions, see s. 6 (f) of the Head of State Act 1965.

18. Recovery of rates and fines - (1) Any water rate levied and any fine imposed by a Water Supply Committee may be collected by the President or the Secretary of the Committee suing for the same on behalf of the Committee in any Court of competent jurisdiction.

(2) Any fine imposed by a Court of competent jurisdiction for any offence under this Act in a community may be collected and accounted for by the President or the Secretary of the Water Supply Committee for that community acting on behalf of the Committee as though it were an officer or agent of that Court.

Cf. 1953, No. 8, s. 6

19. Water rates to be banked and accounts prepared - (1) All water rates levied and fines imposed by a Water Supply Committee shall be collected by that Committee or its Secretary and be banked in the Post Office Savings Bank, the Savings Bank Division of the Bank of Western Samoa or any other Savings Bank in Western Samoa, or be invested in any of the securities in which balances of the Public Account may be invested pursuant to section 18 of the Public Money Act 1964.

(2) Each Water Supply Committee may pay, out of the moneys so collected and invested by it,-

(a) The cost of administering, repairing, replacing, extending, and enlarging its water supply; and

(b) All or part of the cost of erecting, purchasing, and repairing school and hospital buildings in the community of that Committee and the furnishings thereof.

(3) Each Water Supply Committee shall prepare annual accounts, and send a copy thereof to the Director within 3 months after the close of each of its rating years. The Director may inspect the books of accounts of each Water Supply Committee at any time in ordinary office hours.

(4) Each ratepayer of a community shall be entitled to inspect a copy of such annual accounts at the office of the Secretary at any time in ordinary office hours.

Cf. 1953, No. 8, s. 7

The Audit Office is auditor of all statutory authorities; see W.S.R. 1976/21/14.

20. Community appliance out of repair - If any pipe, tap or other appliance from which the inhabitants of a village generally are entitled to obtain water from any water supply is allowed to remain out of repair without the Water Supply Committee being notified, so that water is wasted, the Committee may fine each of the adult persons ordinarily using such pipe, tap or other appliance not more than [$2].

Cf. 1953, No. 8, s. 12

The words "two tala", here expressed in figures, were substituted for the words "one pound" by s. 4 of the Water Amendment Act 1970.

21. Suggestions for community water supply regulations - Any draft regulations or suggestions as to regulations formulated by a Water Supply Committee and forwarded to the Minister before he gives his advice under section 54 of this Act shall be considered by the Minister before giving such advice.

Cf. 1953, No. 8, s. 8

PART IV
NORTH UPOLU WATER SUPPLY

See the North Upolu Water Supply Regulations 1966, reprinted in this title.

22. Scheme plans - (1) The Director may prepare a scheme plan for the construction, extension or enlarging of the water supply for the use of the inhabitants of the North Upolu water supply district and of shipping in the harbour of Apia, and shall submit the scheme plan of the proposed work to the Director of Health and to the Minister [and, if the water supply will come from or through or otherwise affect any State forest land, to the Minister of Agriculture, Forests, and Fisheries, or any other public land, to the Minister of Lands].

(3) The Director shall not commence any such proposed work until the Minister has notified in writing his approval of the scheme plan therefor.

Cf. 1953, No. 8, s. 10

In subs. (1) the words in square brackets were added by s. 75 (2) of the Forests Act 1967.

23. Owner and occupier of premises connected to North Upolu water supply to pay rates - (1) Water rates according to the scale set out in the Second Schedule to this Act shall be payable to the Director for the Government in respect of all premises which are connected to any main or sub-main laid down as part of the North Upolu water supply:

Provided however that the premises described in the Third Schedule to this Act shall be exempt from payment of water rates.

(2) The owner and occupier of every premises so connected with the North Upolu water supply shall be jointly and severally liable for payment of the water rates payable in respect thereof:

Provided however that only the owner [or occupier other than the Government shall be liable for payment] of water rates in respect of the premises described in the Fourth Schedule to this Act.

Cf. 1929, No. 6, s.39

In subs. (2) the words in square brackets, which appear in the corresponding subsection of the Bill, have been inserted pursuant to s. 3 (f) of the Reprint of Statutes Act 1972.

As to exemptions, see s. 6 (f) of the Head of State Act 1965.

24. Ordinary and extraordinary supply - (1) Water supplied from the North Upolu water supply shall be deemed to be an ordinary supply and shall be charged for at the rate set out in clause (a) of the Second Schedule to this Act if such water passes through a pipe having an internal diameter of less than [one inch] and is solely used by the occupier and his family and other persons from time to time livingin his dwellinghouse (other than as paying guests) for ordinary household purposes.

(2) Water supplied from the North Upolu water supply and used for any purpose other than those set out in subsection (1) of this section, and water supplied from the North Upolu water supply to any of the types of premises specified in subsection (3) of this section, shall be deemed to be an extraordinary supply and shall be charged for at the rates set out in clause (b) of the Second Schedule to this Act.

(3) The types of premises hereinbefore referred to are:

(a) Factories manufacturing goods of any description for sale;

(b) Premises containing; boilers or steam-generating equipment but not domestic boilers;

(d) Milkbars and dairies;

(e) Hotels, boardinghouses, social and sporting clubs;

(f) Hospitals;

(g) Aerated-water factories and breweries;

(h) Blocks of flats;

(i) Commercial motor garages;

(j} Premises in which automatic flushing water-closets, urinals, or latrines are installed;

(k) Sewage treatment plants;

(l) Bottle washing plants;

(m) Land where cattle are grazed;

(n) Commercial photographic studios;

(o) Schools;

(p) Premises where flowing water is used for a swimming pool, a fountain, a pond or any other ornamental purposes;

(q) Butchers' and fishmongers' premises;

(r) Shops of all kinds;

(s) Buildings under construction;

(t) Restaurants and refreshment rooms;

(u) Gardens producing flowers, vegetables or fruit for sale;

(v) Any premises not specified in this subsection which are used for any type of commercial, industrial, agricultural or pastoral business;

(w) Any premises which are supplied with water by means of a pipe having an internal diameter of [one inch] or more.

(4) Notwithstanding the foregoing provisions of this section, where the supply of water to any premises would comprise both an ordinary supply and an extraordinary supply under those provisions, the whole of the supply shall be deemed to be an extraordinary supply and shall be treated and paid for accordingly.

In subss. (1) and (3) (w) the words "one inch" were substituted for the words "three quarters of an inch" by s. 3 of the Water Amendment Act 1970.

25. Extraordinary supply to be metered - (1) Every extraordinary supply of water shall pass through a meter after a meter has been installed pursuant to subsection (2) of this section.

(2) Each meter shall be supplied and installed by the Director as soon as possible after the passing of this Act, without charge to the owner or occupier (except as otherwise provided in this Act), and shall remain the property of the Government.

(3) Every owner or occupier of premises in which a meter is installed shall take reasonable precautions to protect the meter from damage.

26. Disputing accuracy of meter-(1) If any consumer disputes the accuracy of any meter he may, on payment in advance to the Director of a deposit of the cost of removing and reinstalling the meter as estimated by the Director, plus a testing fee of [$6], have the meter tested. The test shall be carried out by the Director and shall consist of running a measured quantity of not less than 400 gallons of water through the meter. The consumer may attend the test. The meter shall be deemed to be accurate if it registers within 4 percent of the measured quantity, either more or less.

(2) If any meter after being tested is found to be not accurate in that the quantity of water indicated on it was more than 4 percent of the measured quantity passed through it, then:

(a) The Director shall decrease his claim for water rates from the date up to which they have been paid to the date of removing the meter for testing according to the result of the test;

(b) The meter shall be corrected by the Director and retested until it is accurate, and shall then be reinstalled; and

(3) If the meter is found after being tested to be accurate, it shall be reinstalled and the deposit of the cost and fee paid by the consumer shall be forfeited.

In subs. (1) the words "six tala", here expressed in figures, were substituted for the words "three pounds" by s. 4 of the Water Amendment Act 1970.

27. Damaged meters - (1) Should any meter be found to have its seal or dial broken or to have been tampered with in any way, the Director may declare the reading on such meter void and shall estimate the water consumption in accordance with previous readings and such other factors as he shall think to be relevant from the date up to which water rates have been paid, and the owner or occupier shall be liable to pay for water in accordance with such estimate and also to pay the cost of removing, repairing and reinstalling such meter.

(2) Should any meter cease to register properly for any reason other than those set out in subsection (1) of this section, the Director shall estimate the water consumption in accordance with previous readings and such other factors as he shall think to be relevant from the date up to which water rates have been paid, and the owner or occupier shall be liable to pay for water in accordance with such estimate.

28. Ordinary water rates to be payable annually - [(1) Water rates payable in respect of ordinary water supply shall be payable for each year commencing on the 1st day of January and ending on the 31st day of December next succeeding, and shall become due for payment in advance on the 1st day of January in each year, or on the service on the owner or occupier of the premises or on any person who at the time appears to be in charge of the premises of a written demand for payment, whichever later occurs.]

(2) When any premises are first connected to the North Upolu water supply and begin to receive an ordinary supply of water, water rates shall be payable in respect of the year then current on a proportionate basis, and shall become due for payment in advance on the date of such first connection.

Subs. (1) was substituted for the original subs. (1) by s. 3 of the Water Amendment Act 1966.

29. When extraordinary water rates payable - (1) Water rates for an. extraordinary supply of water from the coming into force of this Act up to the end of the first rating year or the installation of a meter whichever first occurs shall become due for payment at the end of such year or on the date of installation of a meter whichever first occurs, and in the latter event shall be payable on a proportionate basis.

(2) Where any premises are in receipt of an extraordinary water supply and have a meter installed, the Director shall read the meter at such intervals as he shall think fit, and shall serve on the owner or occupier of the premises, or on any person who at the time appears to be in charge of the premises, a written demand showing the last meter reading, the present meter reading, the number of gallons consumed, and the amount payable therefor. Such amount shall become due for payment immediately the demand is served.

30. Cutting off supply of water - (1) If the water rates payable in respect of any premises remain unpaid for a period of 60 days after becoming due for payment the Director may cut off the supply of water to such premises without notice.

(2) Where the supply of water is cut off under this section, the supply shall not be resumed unless the owner or occupier of the premises applies for resumption and pays the cost of cutting off and resumption and all arrears of water rates.

31. Discount on rates - If any amount demanded for water rates, whether for an ordinary or extraordinary supply, is paid within one month of becoming due for payment, the Director shall allow a discount of 25 percent of such amount.

32. When water rates a charge on premises - (1) As soon as any water rates become due for payment to the Director for the Government they shall be a charge on the premises in respect of which they are payable.

(2) If the water rates payable in respect of any premises remain unpaid for a period of 60 days after becoming due for payment, the Director may lodge with the Registrar of Land a notice of charge for such water rates describing the premises in respect of which they are payable, and thereupon the Registrar of Land shall register that notice of charge against the title to those premises, without fee.

(3) After registration of a notice of charge for water rates against the title to premises under this section, that charge for water rates shall rank before any charge, mortgage, lien, lease or transfer subsequently registered.

(4) On payment in full of the water rates covered by such a notice of charge and on demand, the Director shall execute a release of the charge describing the premises against the title to which the notice of charge was registered, and on that release of charge being lodged with the Registrar of Land he shall register the release against the title to those premises, without fee.

(5) This section shall not apply to customary land.

PART V
MISCELLANEOUS

33. Director may construct waterworks - (1) The Director may construct, extend or enlarge waterworks, in accordance with a scheme plan approved in writing by the Minister, for the supply of water for the use of-

(a) The inhabitants of the North Upolu water supply district and of shipping in the harbour of Apia; and

(b) The inhabitants of any community and of shipping in any harbour of the community, subject to such inhabitants making such contributions (in money or in labour) to the work as the Minister may require.

(2) The Director shall disinfect all pipes after they are laid or installed and before use to the satisfaction of the Director of Health.

(3) In exercising the powers conferred by subsection (1) of this section, the Director may,-

(a) Subject to the provisions of this Act, and to any rights lawfully held as at the 12th day of April 1928 or granted under any Act, take water from any river, stream, lake or pool;

(b) Break up or dig into the surface of any public place;

(d) Prospect for water by boring anywhere in Western Samoa, subject to complying with section 6 of the Taking of Land Act 1964 when boring in freehold or customary land.

(4) All such waterworks shall be vested in the Government.

Cf. 1954, No. 76, s. 240 (N.Z.)

34. Laying pipes for water supply - (1) Before the Director lays any pipes for the conveyance of water on or under any freehold or customary land (including any private road), whether under any building or not, he shall,-

(a) Cause a plan to be prepared showing how the work will affect any such land, and the names of the owners and occupiers of that land so far as they are readily ascertainable:

(b) Cause the plan or a copy thereof to be deposited at some convenient place in Western Samoa:

(c) Give notice in writing to the occupier of the land, and also to the owner when known, of the proposal to lay pipes on or under his land according to the plan, and of the place where the plan may be viewed, and that he has a right to object within one month of the giving of the notice:

(d) If a written objection is received within that one month, refer the same to the Minister.

(2) Thereupon the Minister shall appoint a time and place in Western Samoa at which the objector may appear before the Minister or some person appointed by him and support the objection by such evidence and argument as the objector thinks fit, and notify the same to the objector.

(3) If within the said period of one month no written objection is received, or if after due consideration of the objection the Minister decides that the proposal should be put into effect, with or without alteration, he shall instruct the Director accordingly.

(4) Subject to the foregoing provisions of this section, the Director may cause to be placed on or under any public, freehold or customary land or under any building, in the North Upolu water supply district or in any community, such pipes as he considers necessary for the conveyance of water in connection with any water supply:

Provided that it shall not be lawful so to place any such pipe other than an underground pipe unless the permission in writing of the owner or occupier of the land or building has first been obtained.

(5) In laying any such pipes the Director, his officers, workmen and others shall do as little damage as possible, and shall restore the surface of the ground and otherwise repair any damage done as well as possible.

(6) Any person who suffers loss by reason of the laying of any such pipes shall be entitled to compensation for the amount of such loss, to be assessed as provided by Part III of the Taking of Land Act 1964.

(7) Except as provided in subsection (4) of this section, and in sections 33, 35, 40, 44, and 47 of this Act, or when entry is made for the purpose of making surveys, nothing in this Act shall confer any right of entry on to freehold or customary land without the consent of the owner or occupier.

(8) This section shall apply, with the necessary modifications, to any Water Supply Committee desiring to lay any pipes for the conveyance of water on or under any public, freehold or customary land or building within its community.

Cf. 1954, No. 76, s. 241 (N.Z.)

35. Repairing pipes for water supply - (1) Where pursuant to section 34 of this Act, or with the consent of the owner or occupier of any land, any pipe or other part of a water supply is at any time on or under any public, freehold or customary land, the Director or the Committee, as the case may be, and his or its officers and workmen may thereafter from time to time enter on that land to alter, renew, repair or cleanse any such pipe or other part of the water supply.

(2) In acting pursuant to subsection (1) of this section the Director or the Committee, as the case may be, and his or its officers and workmen shall do as little damage as possible, and shall restore the surface of the ground and otherwise repair any damage done as well as possible.

Cf. 1954, No. 76, s. 241 (N.Z.)

36. Existing waterworks - All waterworks existing at the time of coming into force of this Act, whether forming part of the North Upolu water supply or not, shall, if they are situated on private land, be deemed to have been laid or constructed with the consent of the owner of such land and of all other persons having any legal interest in such land and the provisions of section 34 of this Act shall apply to such waterworks, whether they are underground or not.

37. Director or Committee may supply water - (1) Any owner or occupier of premises in the North Upolu water supply district or in a community may, in writing, apply to the Director or the Water Supply Committee, as the case may be, [to] supply water to such premises and the Director or the Committee, as the case may be, may, subject to the provisions of this Act and of any regulations made hereunder and to any other conditions which he or it may impose in any particular case, agree to supply water to such premises.

(2) There shall be no obligation on the Director or a Water Supply Committee to agree to supply any premises with water, any rule of law to the contrary notwithstanding.

(3) The Director or the Committee, as the case may be, may agree to give an ordinary supply of water to premises but refuse to give an extraordinary or special supply.

(4) If any person's application to be supplied with water is refused by the Director or the Committee, as the case may be, or if the Director or the Committee, as the case may be, refuses to give that person an extraordinary or special supply of water, that person may, within 14 days of receipt of notice in writing of any such refusal, appeal in writing to the Minister.

(5) The Director or the Committee, as the case may be, or that person may, within 14 days of receipt of notice in writing of the Minister's decision, appeal in writing to a Magistrate. The decision of the Magistrate who hears that appeal shall be final.

(6) Both the Minister and the Magistrate, before deciding any such appeal, shall give the appellant an opportunity to be heard in support of his appeal, and the respondent an opportunity to be heard in opposition thereto, and in each case either in person or by counsel.

In subs. (1) the word "to", in square brackets, has been inserted pursuant to s. 3 (f) of the Reprint of Statutes Act 1972.

38. Consumer to supply, lay and install pipes and appliances - (1) Where the Director or a Water Supply Committee has agreed to supply any premises with water and issued a written permit to the owner or occupier of those premises to connect the same with the water supply, that owner or occupier shall, at his own expense, supply and lay a pipe or pipes of such diameter as the Director or the Committee, as the case may be, shall approve so as to connect those premises to the nearest main or sub-main or public pipe laid down as part of the water supply, and will also provide and install at his own expense such proper taps, stopcocks and other appliances as the Director or the Committee, as the case may be may, require:

Provided that all such work must be done by a licensed plumber or licensed water fitter, and if no licensed plumber or licensed water fitter is available, then by the Director, but at the expense of that owner or occupier.

(2) Each such owner or occupier shall disinfect all pipes and appliances after they are laid or installed and before use to the satisfaction of the Director of Health.

39. Persons supplied with water to keep pipes and appliances in repair - The owner and occupier of any premises being supplied with water from any water supply shall at all times keep his pipes, taps, stopcocks and other appliances in good repair, so as to prevent water running to waste; and, in default of such owner or occupier keeping any such pipes, taps, stopcocks or other appliances in good repair or wilfully or negligently allowing water to waste, the Director or the Committee, as the case may be, may cut off the supply of water to that person in any manner he or it thinks fit.

Cf. 1954, No. 76, s. 243 (N.Z.)

40. Inspection of appliances - The Director or any member of a Water Supply Committee may, for the purpose of ascertaining whether water supplied to any premises under his jurisdiction is being wasted or misused, enter on such premises at any time between the hours of 7 o'clock in the forenoon and 6 o'clock in the afternoon of any day except a Sunday; and if he is refused admission or obstructed in such examination, may cut off the supply of water to such premises in any manner he thinks fit.

Cf. 1954, No. 76, s. 244 (N.Z.)

41. Modes of service of demand - Any written demand for payment of water rates in respect of any premises shall be served within the meaning of section 28 or section 29 of this Act if it is delivered personally to the owner or occupier of the premises or to any person who at the time appears to be in charge of the premises and if that owner, occupier or person signs a receipt for the demand. Such owner, occupier or person shall on request sign a receipt for any such demand delivered to him and shall commit an offence and be liable to a fine of [$20] if he refuses to accept delivery of any such demand or to sign a receipt for it. If no owner, occupier or person in charge of any premises can be found, any written demand for water rates payable in respect of the premises may be affixed in a prominent place on the premises and shall be deemed to be served on the owner and occupier thereof on the date on which it is so affixed.

The words "twenty tala," expressed here in figures, were substituted for the words "ten pounds" by s. 4 of the Water Amendment 1970.

42. Notice to be given of removal of pipes - Any person may remove any pipe or appliance belonging to him which is connected with the waterworks after giving to the Director or the Committee, as the case may be, 14 days' written notice of his intention to do so and of the day and time of removal, but shall be liable for all damage done to the waterworks thereby; and if any person removes any such pipe or appliance without giving that notice he shall be guilty of an offence and shall be liable not only to pay for all damage done to the waterworks by such removal but also to a fine not exceeding [$40].

Cf. 1954, No. 76, s. 245 (N.Z.)

The words "forty tala", expressed here in figures, were substituted for the words "twenty pounds" by s. 4 of the Water Amendment 1970.

43. Pollution of waterworks - Every person commits an offence against this Act who throws or pours any pollutant, or suffers or allows any pollutant to fall or flow, into any water or watershed being a part of or taken or used for supplying water to any waterworks, or who suffers or permits any livestock of which he is the owner or of which he has control to trespass on to any waterworks, and is liable to a fine not exceeding [$100], and to a further fine not exceeding [$20] for every day during which the offence continues after he has received notice in writing from the Director or a Water Supply Committee, as the case may be, to discontinue the same.

Cf. 1954, No. 76, s. 254 (N.Z.); 1953, No. 8, s. 14

The words "one hundred tala", here expressed in figures, were substituted for the words "fifty pounds", and the words "twenty tala", here expressed in figures, were substituted for the words "ten pounds", by s. 4 of the Water Amendment Act 1970.

44. Factories, etc., may be examined - The Director or a Water Supply Committee, as the case may be, or the Director of Health may at any time, by any authorised officer or servant, enter upon any works, factory, or business premises and cause the same to be thoroughly examined in order to ascertain whether any pollutant therefrom is flowing into any water or watershed or any waterworks, and may take samples of liquids being discharged therefrom, and, if it appears upon that examination that such is the case, the Director or a Water Supply Committee or the Director of Health may recover from the person carrying on or managing or having charge or control of the works, factory, or business premises all the expenses incurred in making the examination and in analysing any sample so taken.

Cf. 1954, No. 76, s. 255 (N.Z.)

45. Drawing off water from streams supplying waterworks - If any person does any act whereby the waters of any river or stream, being a part of any waterworks under this Act, are drawn off, diverted or diminished in quantity, and does not immediately on receiving notice in writing in that behalf from the Director or a Water Supply Committee, as the case may be, restore the river or stream to the state in which it was in all respects, before that act, he is liable to a fine not exceeding [$20] for every day during which the act has continued; and the Director or a Water Supply Committee, as the case may be, may, if it thinks fit, itself restore the river or stream to the said former state, and may recover from that person all the expenses incurred by so doing.

Cf. 1954, No. 76, s. 252 (N.Z.)

The words "twenty dollars", expressed herein figures, were substituted for the words "ten pounds" by s. 4 of the Water Amendment Act 1970.

46. Offences with respect to waterworks - (1) Every person commits an offence who does any of the following things, namely:

(a) Wilfully injures or destroys any part of the waterworks; or

(b) Unlawfully draws off or diverts or diminishes in quantity any water belonging to the waterworks; or

(c) Wilfully or negligently allows any pipe or appliance on his premises to be out of repair so that water is wasted, or alters any meter, or does or suffers any act whereby his supply of water is improperly increased; or

(d) Uses water or permits it to be used to an unreasonable extent or in a wasteful manner; or

(e) Bathes, or washes clothing or other thing, in any water of the waterworks; or

(f) Throws any animal or refuse or litter or debris of any sort into any water of the waterworks; or

(g) Obstructs any person acting under the authority of the Director or a Water Supply Committee or the Director of Health in doing anything which he or it is empowered to do by this Act; or

(h) Connects any pipe with a main or sub-main or pipe of any waterworks,-

(i) Without giving the Director or the Water Supply Committee in control thereof 2 days' notice in writing of the day and hour he proposes to do so; or

(ii) Without having obtained his or its permission to do so; or

(iii) Except in the presence and pursuant to the direction of the person appointed by the Director or the Committee to superintend the same, unless that person fails to attend on the day and at the hour specified in the notice; or

(i) Connects with a main or sub-main or pipe of any waterworks any pipe of a size, strength or material not approved by the Director or Committee in control thereof.

(2) Every person who commits an offence against this section is liable to a fine not exceeding [$100], and to an additional fine not exceeding [$20] for each day during which the offence continues, and may, in addition, be ordered to pay the cost of repairing the injury done to any part of the waterworks by any such act.

Cf. 1953, No. 8, s. 11; 1954, No. 76, s. 153 (N.Z.)

In subs. (2) the words "one hundred tala", expressed here in figures, were substituted for the words "fifty pounds" and the words "twenty tala" expressed here in figures were substituted for the words "ten pounds" by s. 4 of the Water Amendment Act 1970.

47. Prohibition of use of polluted water for domestic purposes - (1) The Director of Health and any of his officers authorised by him may at anytime between the hours of 7 o'clock in the forenoon and 6 o'clock in the afternoon of any day except a Sunday take a sample of water for analysis from any point in any water supply in Western Samoa, including any premises privately owned or occupied.

(2) Where the Director of Health certifies in writing to the Director or to a Water Supply Committee that any river, stream, lake or other source of water supply or any portion thereof under the control of the Director or that Water Supply Committee for the purposes of this Act is so polluted that the water therein or therefrom is dangerous to health the Director or the Water Supply Committee, as the case may be, shall forthwith cease to supply or permit to be used for domestic purposes water from that source or portion thereof, as the case may be, and shall not supply or permit to be used any such water so long as the certificate of the Director of Health remains in force.

(3) Any certificate by the Director of Health under this section may be at any time revoked so soon as the Director of Health is satisfied that the water from the source or portion thereof referred to in the certificate is no longer dangerous to health.

(4) If a Water Supply Committee fails to comply with any of the provisions of this section, the Director of Health may, at the expense in all things of the Water Supply Committee, cause all necessary measures to be taken for preventing the use of water from any polluted source of water supply and for remedying any dangerous condition of that water supply.

(5) All expenses incurred by the Director of Health under subsection (4) of this section may be recovered from the Water Supply Committee as a debt due to the Government.

Cf. 1953, No. 8, ss. 16, 17

As to village water, see the note to s. 1.

48. Minister may prohibit cutting of bush or cultivation - (1) Whenever the Minister considers that it is advisable for the purpose of conserving the flow of water in any river or stream, to prohibit the cutting or removal of bush or trees from the banks of that river or stream or to prohibit any cultivation upon the banks of that river or stream, the Minister,

(a) Shall cause to be publicly notified a notice that he proposes so to do for a distance of 3 chains or such lesser distance as may be stated in the notice from the bed of the river or stream, and for the whole or such part of the course of the river or stream as may be stated in the notice, and that any person who would be affected thereby may send a written objection with reasons to the Director within 28 days of the first publication of the notice;

(b) May cause a copy of the notice to be sent to each owner, occupier and other person having an interest in the land proposed to be affected by the prohibition, or the agent of any of them, whose estate or interest, name and address are readily ascertainable; but failure to send a copy of the notice to any such person shall not invalidate any subsequent notice of prohibition; and

(c) Upon receiving from the Director any such objection with reasons (other than an objection to the amount or method of ascertaining or paying compensation), [shall] appoint a time and place in Western Samoa at which the objector may appear before the Minister or some person appointed by him to support the objection by such evidence and argument as the objector thinks fit.

(2) If within the said period of 28 days no written objection with reasons is received by the Director, or if after due consideration of each objection the Minister is of the opinion that effect should be given to the proposal, and that no private injury will be done thereby for which due compensation is not provided by law, the Minister may publicly notify a notice of prohibition according with the notice of proposal, and may send a copy thereof to each person mentioned in paragraph (b) of subsection (1) of this section, but failure so to do shall not invalidate the notice of prohibition.

(3) Any person who after the publication as aforesaid of any such notice cuts or removes bush or trees from, or cultivates, either bank of that river or stream in contravention of the notice shall be liable to a fine not exceeding [$50] for a first offence and to imprisonment for a term not exceeding 6 months or a fine not exceeding [$100] for a second or subsequent offence.

(4) Any person who suffers loss by reason of being prohibited under this section from cutting bush or trees from, or cultivating, either bank of any river or stream shall be entitled to compensation for the amount of such loss, to be assessed as provided by Part III of the Taking of Land Act 1964.

Cf. 1928, No. 2, s. 5; [1964], No. 1, ss. 14, 15

In subs. (1) (c) the word "shall" has been inserted pursuant to s. 3 (f) of the Reprint of Statutes Act 1972. This word does not appear in the relevant Bill, but its insertion accords with s. 14 of the Taking of Land Act 1964 (1964, No. 1, s. 14, to which the comparative section reference has been corrected from 1954, No. 1, s. 14 pursuant to s. 3 (f) of the Reprint of Statutes Act 1972, in accordance with the Bill).

In subs. (3) the words "fifty tala", here expressed in figures, were substituted for the words "twenty-five pounds" and the words "one hundred tala", here expressed in figures, were substituted for the words "fifty pounds" by s. 4 of the Water Amendment Act 1970.

49. Prohibition or restriction of uses of water - (1) The Director or a Water Supply Committee may at any time, by public notice, in respect of the North Upolu water supply district or the Committee's community, as the case may be, prohibit or restrict the use of water for any purpose, or restrict the hours during which water may be drawn from the supply, or the maximum amount of water which may be drawn through any connection in any specified period.

(2) Any such public notice shall remain in force until cancelled or amended by a further public notice.

(3) Any person who uses water in contravention of any such public notice shall be guilty of an offence punishable by a fine not exceeding [$50].

(4) No person shall be entitled to compensation of any sort by reason of a prohibition or restriction made under the authority of this section.

In subs. (3) the words "fifty tala", here expressed in figures, were substituted for the words "twenty-five pounds" by s. 4 of the Water Amendment Act 1970.

50. Rebate of rates on failure of supply - In the event of the complete cessation for a period of at least one month in any rating year of the supply of water from any waterworks to any premises in Western Samoa in respect of which water rates are payable annually on a per tap with maximum basis, for any reason other than the cutting off of the supply because of non-payment of water rates, the liability of any person to pay water rates in respect of those premises under this Act or under any regulations made or enuring under this Act shall be reduced by one twelfth for each complete month of such cessation in any rating year; and any such person who has paid his water rates in respect of that year in full prior to such cessation shall be entitled to a refund of one twelfth of the amount thereof for each complete month of such cessation.

51. Enforceability of contracts- Section 366 of the Samoa Act 1921 (N.Z.) shall not apply to any contract for the supply of water from the Director or any Water Supply Committee to any consumer in consideration of the payment of water rates.

Section 366 of the Samoa Act 1921 (N.Z.) is no longer part of the law of Western Samoa.

52. Creation of new water supply district - (1) The Head of State, acting on the advice of Cabinet, may, at any time by Order, create, prescribe and define the boundaries of a new water supply district in Western Samoa, in which the Director shall be wholly responsible for the construction, maintenance and administration of the water supply, and which shall thereupon become subject to Parts IV and V of this Act, with the necessary modifications.

(2) Any such Order may abolish a community and its Water Supply Committee, if the whole of the area of the community is included in the new water supply district; and may alter and redefine the boundaries of a community and reconstitute its Water Supply Committee if part only of its area is included in the new water supply district; and in either case may make such further adjustments as may appear to the Head of State, acting on such advice, to be necessary or desirable.

53. Funds of abolished Water Supply Committees - Where any Water Supply Committee is abolished by this or any other Act, any funds standing to the credit of such Water Supply Committee, any cash on hand and any debts owing to such Committee at the time of such abolition are hereby vested in the Prime Minister, who shall first discharge thereout any liabilities of such Committee, and then, after consultation with the Ali'i and Faipule of the community in respect of which such Committee had existed, expend such funds in that community on such educational, health or other public purposes as he shall think fit; and until the funds are so expended they shall be retained on deposit in the Post Office Savings Bank in the name of the Prime Minister.

54. Water supply regulations - (1) The Head of State, acting on the advice of the Minister, may from time to time by Order make such regulations as may in his opinion be necessary or expedient in relation to the water supply of each community or to the North Upolu water supply or to the water supply of any new district created under this Act, for giving effect to the provisions of this Act and for the due administration thereof.

(2) Without affecting the generality of subsection (1) of this section, any regulations made under the authority of this section may include regulations:

(a) Prescribing, altering and defining the boundaries of any community and of any new district created under this Act:

(b) Prescribing, altering, and defining the boundaries of the North Upolu water supply district:

(d) Altering the amounts or maximum amounts of water rates for ordinary and extraordinary supply in the North Upolu water supply district, and in any new district created under this Act:

(e) Prescribing and altering the definitions of ordinary and special supply in any community:

(f) Prescribing a fee to be payable on the application for or the grant of a permit to connect any premises with the water supply:

(g) Prescribing by whom, with what appliances and in what manner any premises may be connected with the water supply:

(h) Requiring the rectification of damage done to the waterworks or to any public utility, whether by bad workmanship or faulty materials or otherwise:

(i) Providing as to the control of all streams and other waters and all rights appertaining thereto and all lands, watersheds, catchment areas, reservations, dams, tanks, mains, subsisting pipes, stopcocks, taps and appliances acquired, constructed, installed or used in connection with the water supply, together with all drains, pits, sewers, septic tanks and other means employed for the disposal of surplus water.

(3) Regulations made under this section may prescribe penalties for offences against the regulations, not exceeding a fine of [$20] and a further fine of [$8] for each day on which an offence continues.

(4) A copy of all regulations made under this section shall be laid before the Legislative Assembly within 28 days after the making thereof if the Assembly is then in session, and, if not, shall be laid before the Assembly within 28 days after the commencement of the next ensuing session.

Cf. 1955, No. 12, s. 9.

In subs. (3) the words "twenty talas," here expressed in figures were substituted for the words "ten pounds" and the words "eight talas", here expressed in figures, were substituted for the words "four pounds" by s. 4 of the Water Amendment Act 1970.

As to suggestions for regulations, see s. 21 of this Act.

55. Repeals and savings - (1) The enactments specified in the Fifth Schedule to this Act are hereby repealed.

(2) The Proclamation dated the 9th day of May 1957, and published in the Gazette at pages 447 to 449, appointing Water Supply Committees for the districts of West Coast of Apia Number 1, West Coast of Apia Number 2, West Coast of Apia Number 3, West Coast of Apia Number 4 and East Coast of Apia is hereby revoked; such Committees are hereby abolished and such districts shall thereafter be part of the North Upolu water supply district.

(3) The Regulations specified in the Sixth Schedule to this Act are hereby revoked.

[(4) The liability of any person under any of the Regulations revoked by subsection (3) of this section to pay water rates to any of the Committees abolished by subsection (2) of this section in respect of the year ended the 30th day of June 1966 is hereby limited to the payment of one half of the amount of such water rates; and any person who has paid his water rates in respect of that year in full prior to the passing of this Act shall be entitled to a refund of one half of the amount thereof.

[(4A) The liability of any person under section 39 of the Revenue Ordinance 1929 (as substituted by section 8 of the Finance Ordinance (No. 2) 1955) to pay water rates to the Director in respect of the year ended the 31st day of March 1966 is hereby limited to the payment of three fourths the amount of such water rates; and any such person who has paid his water rates in respect of that year in full prior to the passing of this Act shall be entitled to a refund of one fourth of the amount thereof.]

(5) Subject to the provisions of this Act all other Orders, rules, regulations, proclamations made, appointments made, directions given, instruments issued or things done pursuant to the powers contained in the Water Supply Ordinance 1953 or under any corresponding former provision which immediately before the commencement of this Act was subsisting and in force shall continue in force and so far as they could have been made, given, issued or done under this Act shall have effect as if made, given, issued or done under this Act.

Subss. (4) and (4A) were substituted for the original subs (4) by s. 4 of the Water Amendment Act 1966.

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SCHEDULES
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FIRST SCHEDULE

Section 2

Commencing on the coast at a point near the north west corner of Parcel 360 Flur XV Upolu and continuing due south for a distance of 8.2 metres to the said corner; thence along the western boundary of Parcel 360 Flur XV Upolu to the West Coast Road; thence on a bearing of 198°30' for a distance of 14.88 metres to the intersection of the southern boundary of the West Coast Road and the western boundary of the Cross Island Road; thence along the western boundary of the Cross Island Road to its intersection with the southern boundary of Parcel 145 Flur XV, Upolu; thence by a right line on a bearing of 140°53' for a distance of 15.31 metres to the intersection of the eastern boundary of the Cross Island Road with the southern boundary of Parcel 146 Flur XV, Upolu; thence by the south boundary of Parcel 146 and the eastern boundaries of Parcels 146, 147, 148 all Flur XV, Upolu to the intersection of the eastern boundary of Court Grant 200: thence by the southern boundaries of Court Grant 200, Court Grant 115, and Court Grant 121 to the south east corner of Court Grant 121; thence by a right line on a bearing of 111° for a distance of 4,150 metres to the centre of Lake Lanuto'o; thence by a right line on a bearing of 119° for a distance of 4,200 metres to Mount Fiamoe; thence by a right line on a bearing of 96° for a distance of 7,400 metres to Mount Fito; thence by a right line on a bearing of 65° for a distance of 3,600 metres to the Namo River; thence in a generally north easterly direction by the said river to the Coast and thence in a generally westerly direction by the Coast back to the point of commencement.

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SECOND SCHEDULE

Sections 23, 24

(a) Ordinary Water Supply: [$4] a year for every tap, with a maximum of [$12] a year, for every connection to main, sub-main or public pipe of the North Upolu water supply.

(b) Extraordinary Water Supply:

(1) Before installation of meter: [$4] a year for every tap, with a maximum of [$32] a year, for every connection to a main, sub-main or public pipe of the North Upolu water supply.

(2) After installation of meter: [27 sene] for every 1,000 gallons, with a minimum of [$2] a quarter.

In para. (a) the words "four tala" and "twelve tala", here expressed in figures, were substituted for the figures "£2.0.0" and "£6.0.0." respectively by s. 4 of the Water Amendment Act 1970.

In para. (b) (1) the words "four tala" and "thirty-two tala", here expressed in figures, were substituted for the figures "£2.0.0" and "£ 16.0.0" respectively by s. 4 of the Water Amendment Act 1970.

In para. (b) (2) the words "twenty-seven sene", here expressed in figures, were substituted for the words "two shillings and eight pence" and the words "two tala", here expressed in figures, were substitued for the figures"£1.0.0" by s. 4 of the Water Amendment Act 1970.

As to the water rates for the Fa'asaleleaga Water Supply District, see s. 4 (1) of the Fa'asaleleaga Water Supply Act 1969.

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THIRD SCHEDULE

Sections 17, 23

Land occupied by any building used as a church or chapel and which is used substantially (whether or not exclusively or principally) for religious or charitable purposes of a public nature, and such building.

___________

FOURTH SCHEDULE

Sections 17, 23

Any premises owned or occupied by the Government, irrespective of whether they were leased or let before or after the commencement of this Act.

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FIFTH SCHEDULE

Section 55 (1)

ENACTMENTS REPEALED

1928, No. 2-The Water and Water Power Conservation Ordinance 1928.

1928, No. 6-The Ordinances Revision Ordinance 1928: section 4.

1954, No. 6-The Ordinances Amendment Ordinance 1954: sections 2, 3, 24 and 25.

1929, No. 6-The Revenue Ordinance 1929: Part V, being sections 39 and 40 (as substituted respectively by sections 8 and 9 of the Finance Ordinance (No. 2) 1955).

1953, No. 8-The Water Supply Ordinance 1953.

1955, No. 12-The Finance Ordinance (No. 2) 1955: sections 8 and 9.

1959, No. 19-The Health Ordinance 1959: section 27.

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SIXTH SCHEDULE

Section 55 (3)

REGULATIONS REVOKED

Gazette p. 306-Regulations as to Water Supplies for Native Areas, made on the 7th day of October 1930.

Gazette p. 820-Regulations as to Sagaga and Le'auva'a Water Supply, made on the 17th day of February 1941.

Gazette p. 982-The Aleisa Water Supply Regulations 1947.

Gazette p. 451-The West Coast Water Supply (District No. 1) Regulations 1957.

Gazette p. 453-The West Coast Water Supply (District No. 2) Regulations 1957.

Gazette p. 454-The West Coast Water Supply (District No. 3) Regulations 1957.

Gazette p. 455-The West Coast Water Supply (District No. 4) Regulations 1957.

Gazette p. 458-The East Coast Water Supply Regulations 1957.

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