s.15Offences and penalties
15
Section 15Part 0

Offences and penalties

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

Any person who —
subject to subsection (2) —
produces water with the intention of supplying it, except under a concession granted under this Law; or
supplies water, except under a concession granted under this Law;
contravenes any provision of this Law or the terms and conditions of the licence; or
for any purpose connected with this Law makes any statement or representation in the truth of which he does not believe, proof of his belief being upon him,
commits an offence and is liable on summary conviction to a fine of fifteen thousand dollars and to imprisonment for one year, and, if the offence of which he is convicted is continued after the conviction, he commits a further offence and is liable to a fine of five hundred dollars for every day on which the offence continues.
Paragraph (a) of subsection (1) has no application to —
the production of water in quantities of one hundred US gallons or less in any one day;
persons acting for the purpose of averting danger arising from fire or other happening likely to, or capable of, causing damage to persons or property;
the production or supply of water by the Government, the armed forces of Her Majesty, the police or fire services, or any statutory body or government agent;
water produced for domestic use on a private single residential household for use thereon;
water supplied by the management of condominiums, apartment complexes, multi-family dwellings, hotels or any other commercial enterprise, for use on their premises by residents therein, if the water so supplied is obtained from a concessionaire or the Authority and is sold at the concessionaire's or the Authority's rates;
the supply of water other than piped water if that the water so supplied is obtained from a concessionaire or the Authority;
water obtained under a groundwater abstraction licence granted in accordance with the Water Authority Law (2018 Revision) and with the purpose of use stated as being water for agricultural, aquacultural or horticultural purposes; and
persons specifically exempted by the Cabinet by Order,
but nothing in paragraph (e) shall affect the production or supply of water, or both, made after the 6th May, 1991 if such production or supply, or both, takes place from any water system or works in operation before that date, and if a concession has been obtained within twenty-four months after the commencement of this Law.
Any person who —
unlawfully and maliciously destroys or does damage to any water system or works or pollutes or diverts any water in a system;
with intent to defraud, extracts water from a water system;
obstructs the execution of any works or any employee of a concessionaire while engaged in his duties as such; or
aids or abets, or having control of any person, permits such person to contravene paragraph (a), (b) or (c),
commits an offence and is, in the case of an offence against paragraph (a), liable upon conviction upon indictment to a fine of fifteen thousand dollars and to imprisonment for five years, or upon summary conviction to a fine of three thousand dollars and to imprisonment for one year, and in the case of an offence against paragraph (b) or (c) or of any other contravention of this Law liable upon summary conviction to a fine of three thousand dollars and to imprisonment for one year and, in the case of an offence against paragraph (b), liable to an additional fine of one hundred dollars per day for each day the offence is continued; and the court may, in addition to any other penalty, order the convicted person to pay such compensation to the concessionaire or to any other person who has suffered consequential damage as to it appears just.

Cross References