Environmental Public Health Act 1987 · 2020 Revised Edition · Part 6 · Insanitary Premises, Sanitary Conveniences, General Health Requirements for Buildings
59. Restriction on construction of wells, etc.
Feedback & supportA person other than the owner or occupier of an agricultural or horticultural holding must not, without the previous permission of the Director‑General, 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, domestic or other purposes.
occupier
“occupier” means the person in occupation of any premises or having the charge, management or control thereof either on that person’s own account or as agent of another person; and, in relation to any part of any premises, different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part;
For the purposes of subsection (1), any well within the curtilage of any dwelling house is deemed to be likely to be used for drinking or domestic purposes.
dwelling house
“dwelling house” includes any building or tenement or any part thereof which is used, constructed or adapted for use for human habitation;
If the owner or occupier of any agricultural or horticultural holding opens, digs or otherwise constructs or permits or allows to be opened, dug or otherwise constructed any well, tank or reservoir, the owner or occupier must report the opening, digging or construction of the well, tank or reservoir (as the case may be) within one month thereof to the Director‑General.
Director-General
“Director-General” means the Director-General of Public Health appointed under section 3(1);
The Director‑General 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 the 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 occupier must comply with the terms of the notice.
premises
“premises” means messuages, buildings, lands, easements and 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 any other purpose whatsoever;