Public Utilities Act 2001 · 2020 Revised Edition · Part 3 · Water Undertaking of Board
24A. Power to enter premises for installation of pipes, water installations, etc.
Feedback & supportLast amended by an amending law of 2023. 5 amendments in all.
The Board may, for the purposes of this Act, by its employees, agents or contractors, enter any premises at all reasonable hours in the day or night, or at any other time that may be agreed with the owner or occupier of the premises, for all or any of the following purposes:
Board
“Board” means the Public Utilities Board reconstituted under the Public Utilities Act in force before 1 April 2001 and continued by section 3;
to lay or install under, over, in, on or through the premises, any mains, pipes, water installations or water service installations that the Board considers necessary for the supply of water to those or other premises;
to lay or install under, over, in, on or through the premises any meters that the Board considers necessary to measure, ascertain or regulate the supply of water (including extracted water or water derived from extracted water) to those or other premises, or the use of water (including extracted water or water derived from extracted water) at those premises;
to inspect, maintain, adjust, repair or alter —
any main, pipe, water installation or water service installation mentioned in paragraph (a) or any meter mentioned in paragraph (b); and
any other main, water installation or pipe that is acquired by the Board, and is used for the supply of water to those or other premises;
to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a), (b) or (c), including —
excavating any premises, sewer or drain;
tunnelling or boring under any premises, sewer or drain;
removing or using all earth and materials in or under any premises, sewer or drain; and
erecting, placing or installing any equipment or apparatus in or under any premises.
Without affecting subsection (1)(b), the Board may by written notice require any owner or occupier of premises at which water is extracted or extracted water is received, or from which extracted water or water derived from extracted water is supplied, to carry out any works necessary for the laying or installation of any meter by the Board, and for the works to be completed by a date specified in the notice.
occupier
“occupier” means the person in occupation of any premises and includes the person having the charge, management or control of the premises either on the person’s own account or as agent of another person, but does not include a lodger;
Where a written notice has been served on an owner or occupier of premises under subsection (1A) and the works specified in the notice are not completed by the date specified in the notice for their completion, the owner or occupier shall be guilty of an offence if the owner or occupier on or after that date —
premises
“premises” includes buildings, structures, streets, lands, waters, tenements, easements of any tenure, whether State land or not, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;
extracts water or receives extracted water at the premises; or
supplies extracted water or water derived from extracted water from the premises,and shall be liable on conviction to a fine not exceeding $10,000 and to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.
Except as provided under Part 3A, the Board shall not be liable to pay any person any fee, charge or expense on account of any entry to any premises or of anything done to the premises under this section, or for any cost or expense incurred by any person in complying with any requirement of the Board under subsection (1A).
However, the Board must not enter any premises for the purposes specified in subsection (1) unless the Board has given at least 14 days’ written notice of intention to enter to every owner and occupier of the premises.
A notice mentioned in subsection (3) must —
state the estimated period (if any) during which the Board intends to temporarily occupy or take possession of the premises;
give a brief description of the works (if any) which are to be carried out in or on the premises;
describe the area or extent of the land and the subterranean space needed for the carrying out of the works mentioned in paragraph (b); and
state that the owner or occupier of the premises may serve on the Board a claim of compensation for the items of loss, damage or cost set out in the first column of the Fourth Schedule to the extent of the loss, damage or cost suffered or incurred by the owner or occupier of the premises.
The Board may serve a notice on the owner or supplier of any gas, electricity, water or telecommunication services —
to alter the course or position of any wire, line, cable, pipe, tube, casing, duct, post, structure or other apparatus which belongs to that owner or supplier or is maintained by that owner or supplier if, in the opinion of the Board, such alteration is required for the purposes of subsection (1); and
to repair any premises thereby disturbed,and where any approval of a statutory authority is required for that alteration, to do so in accordance with that approval.
The Board may give notice to the owner or occupier of any premises requiring the owner or occupier to remove any object or structure described in the notice which is erected on or attached to, or projects from, the premises if, in the opinion of the Board, the removal of the object or structure is required for any of the purposes specified in subsection (1).
Any costs and expenses reasonably incurred by the owner, supplier or occupier in complying with any notice under subsection (5) or (6) must be borne by the Board.