Clause 113

No person other than the owner or occupier of an agricultural holding shall, without the previous permission of the Director, 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. Any well within the curtilage of any dwelling-house shall be deemed to be likely to be used for drinking or for domestic purposes.

If the owner or occupier of an agricultural holding opens, digs or otherwise constructs or permits or allows to be opened, dug, constructed 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 Director.

Any person who commits a breach of subsection (1) or subsection (2) of this section shall be liable on conviction to a fine not exceeding four hundred dollars.

The Director may give to the owner or 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 such notice specify any works to be executed for such purpose within a time to be specified in such notice, and the owner or occupier shall comply with the terms of such notice.

If the owner fails to execute the works referred to in such notice, section 143 of this Ordinance 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 re-opened, the owner and occupier at the time the well, tank or reservoir is found to be re-opened shall be liable on conviction to a fine of four hundred dollars, and section 143 of this Ordinance shall again apply.