Section 80

No person other than the owner or the occupier of an agricultural holding shall, without the previous permission of the Commissioner, open, dig or otherwise construct or permit or allow to be opened, dug or otherwise constructed any well, tank or reservoir, the water in which is likely to be used for drinking or domestic purposes; and for the purposes of this subsection, any well within the curtilage of any dwelling-house shall be deemed to be likely to be used for drinking or domestic purposes.

If the owner or the occupier of any agricultural holding opens, digs or otherwise constructs or permits or allows to be opened, dug or otherwise constructed any well, tank or reservoir, he shall report the opening, digging or construction of the well, tank or reservoir, as the case may be, within one month thereof to the Commissioner.

Any person who commits a breach of subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.

The Commissioner may give to the owner or the occupier of any premises notice to close any well, tank or reservoir, the water in which is likely to be used for drinking or domestic purposes and may by that notice specify any works to be executed for such purpose within a time and date to be specified in the notice, and the owner or the occupier shall comply with the terms of the notice.

If the owner fails to execute the works referred to in such notice, section 114 shall apply, and in addition a Magistrate’s Court may make an order directing the well, tank or reservoir to be permanently closed.

If after a Magistrate’s Court has made an order directing a well, tank or reservoir to be permanently closed, the same is at any time reopened, the owner and the occupier at the time the well, tank or reservoir is found to be reopened shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000, and section 114 shall apply thereto.[83