s.2Interpretation
2
Section 2Part 1 — PRELIMINARY

Interpretation

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In this Law —
"administrative determination" has the meaning assigned to that expression by section 2(1) of the Utility Regulation and Competition Law (2019 Revision);
"appointed operator" means a person appointed by the Office under section 11(4) to take possession of and operate a concession in place of any operator licensee or service provider licensee;
"assets" mean the material assets and facilities owned, operated or leased by an operator licensee or a service provider licensee required to operate the relevant concession;
"Authority" means the Water Authority established under section 3 of the Water Authority Law (2018 Revision);
"building" includes any structure or erection of a permanent or semi-permanent nature and any part of a building as so defined, but does not include plant or machinery comprised in a building;
"capital investment plan" means those additions to its assets that a service provider intends to make, that, when added, will form part of its rate base as approved by the Office;
"concession" means an instrument by which the Cabinet grants a right or privilege enabling a person — (a) to produce or supply water, or both, under the Water (Production and Supply) Law (2018 Revision); or (b) to collect, convey and treat wastewater under the Wastewater Collection and Treatment Law(2019 Revision);
"concessionaire" means a person to whom a concession has been granted;
"consumer" means a person who is a customer of a service provider;
"consumer information" means any data that relate to a customer's (or any group of customers') identity, billing address, service address, consumption of water, patterns of water consumption, credit history, payment history, references, applications or other service related forms completed by or on behalf of a consumer and information contained therein;
"critical national infrastructure" means systems and assets, whether physical or virtual, so vital to the Islands that the incapacity or destruction of the systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters;
"domestic use" means the use of water for washing, drinking, flushing closets, private gardening and the other usual household purposes, on any premises which are used solely for private residential purposes;
"domestic wastewater" means any waste substance, liquid or solid, associated with human habitation, or which contains or may be contaminated with human or animal excrete or offal;
"freshwater" means water with a total dissolved solid content of five thousand parts per million or less;
"functions" includes responsibilities, powers and duties;
"Government's Policy" means the policy to be followed by the Office pursuant to directions given by the Cabinet under section 12(1) of the Utility Regulation and Competition Law (2019 Revision);
"licence" means a licence granted by the Office pursuant to its functions under this Law;
"licensee" means a person to whom a licence is granted;
"non-potable water" means water which may or may not be potable water but can be beneficially used, and does not include process water, wastewater or trade effluent;
"Office" means the Utility Regulation and Competition Office established under section 4 of the Utility Regulation and Competition Law (2019 Revision);
"operator licence" means a licence granted by the Office under section 5(2);
"potable water" means water which is intended for consumption by humans, that is, water which has no impurities present in amounts sufficient to cause disease or harmful physiological effects, and the bacteriological and chemical and aesthetic quality parameters of which comply with values established under section 4 of the Public Health Law (2002 Revision) or, if none have been established, standards established by the Authority;
"premises" means messuages, buildings, land, easements or hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private and whether maintained or not under statutory authority, and includes any place or structure, or any part thereof, used or intended to be used for human habitation, or for employment or any other purpose whatsoever;
"public wastewater system" refers to the conveyance of sewage and trade effluents away from premises via a system owned or operated by a service provider;
"public water supply system" refers to the conveyance of water into premises via a system owned and operated by a service provider;
"RCAM" means the mechanism for determining and modifying prices for services rendered by the Authority or a concessionaire to consumers, as approved by the Office and specified by the Office in administrative determinations issued by the Office in respect of the Authority or in a licence issued by the Office to a concessionaire;
"sectoral utility" means a utility market or sector for which the Office has specific responsibility under this Law or the Water Laws;
"service provider" means the Authority or any concessionaire that has been issued with a licence by the Office to provide water or wastewater services;
"service provider licence" means a licence granted by the Office under section 6(2);
"statutory fee" means the portion of the cost of the various statutory functions exercised by the Authority under the Water Authority Law (2018 Revision) to be paid by concessionaires to the Authority;
"territorial waters" means the waters of the sea within the limits of territorial jurisdiction of the Islands;
"trade effluent" means any liquid either with or without particles or matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises and includes a reference to all waste in a liquid, solid or gaseous state but does not include domestic wastewater;
"utility services" means networks operated or services provided by a sectoral provider;
"wastewater" means domestic wastewater or trade effluent, or both, from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface runoff or leachate that may be present;
"water" means potable water and non-potable water;
"Water Laws" means the Water (Production and Supply) Law (2018 Revision) and the Wastewater Collection and Treatment Law (2019 Revision); and
"water resources" means canals, ground water, groundwater lenses, ponds, territorial waters and underground water.

Defined Terms

administrative determinationappointed operatorassetsAuthoritybuildingcapital investment planconcessionconcessionaireconsumerconsumer informationcritical national infrastructuredomestic usedomestic wastewaterfreshwaterfunctionsGovernment's Policylicencelicenseenon-potable waterOfficeoperator licencepotable waterpremisespublic wastewater systempublic water supply systemRCAMsectoral utilityservice providerservice provider licencestatutory feeterritorial waterstrade effluentutility serviceswastewaterwaterWater Lawswater resources

Cross References