republic of vanuatu

Water Supply (Amendment)
Act No. 31 Of 2016
Arrangement of Sections
1	Amendment	2
2	Commencement	2

republic of vanuatu
Assent:		26/01/2017
Commencement:		07/02/2017
Water supply (AMENDMENT)
ACT NO. 31 OF 2016
An Act to amend the Water Supply Act [CAP 24].
Be it enacted by the President and Parliament as follows-
1	Amendments
The Water Supply Act [CAP 24] is amended as set out in the Schedule.
2	Commencement
This Act commences on the day on which it is published in the Gazette.

SCHEDULE
AMENDMENTS OF the Water Supply Act [CAP 24].
1	Before Part 1
Insert
“part a1 – preliminary matters
A1.	Interpretation
In this Act, unless the context otherwise requires:
area of concession means the area assigned to a Concessionaire for the purposes of providing, developing, managing and maintaining water supply;
Commission means the Compensation Commission appointed under section 28;
Concessionaire means any body of persons or entity who holds the sole concession for the provision, development, management and maintenance of water supply within the area of concession pursuant to an Agreement entered into by that body of persons or entity with the Minister under section 22;
consumer means a person who:
(a)	occupies a premises to which a water supply pipe and meter has been laid; and
(b)	uses that water supply;
Department means the Department of Water;
Director means the Director of the Department of Water;
drinking water safety plan is a plan developed by a Concessioner that maps the water quality and quantity risks and documents mitigation measures to reduce risks;
Minister means the Minister responsible for Lands, Geology, Mines and Natural Resources;
premises means any land, building or other property that has access to a water supply system;
safety audit means the drinking water safety audit carried out by the Department to check the level of the Plan that is being implemented by a Concessionaire;
water supply system means any infrastructure system that is designed to provide water for domestic consumption and for commercial and industrial activities, and includes the extraction, collection, storage, transmission, treatment and distribution of water.”
2	Sections 1, 5, 8, 12, 13, 14, 15, 17, 18, 19 and 25
Delete “of Public Works” (wherever occurring in these sections)
3	Sections 2, 3, 5, 6, 23 and 25
Delete “Public Works” (wherever occurring in these sections)
4	Section 10 
Repeal the section, substitute
“10.	National Drinking Water Quality Standard
(1)	The Minister may, on the advice of the Director after consultation with the Director of the Department of Health, prescribe by Order a National Drinking Water Quality Standard.
(2)	A Concessionaire must ensure that the water it provides complies with the National Drinking Water Quality Standard prescribed under subsection (1).
(3)	A Concessionaire must at least 4 times a year, carry out regular testing of water quality which must be verified by the Utilities Regulatory Authority.
(4)	A Concessionaire who fails to comply with subsection (2), commits an offence and is liable on conviction to a term of imprisonment of not more than 2 years or by a fine of not exceeding VT1,000,000, or both.
10A.	Drinking water safety plan
(1)	Each water supply system operated or maintained by a Concessionaire must have a drinking water safety plan.
(2)	A Concessionaire is required to prepare the water safety plan for each water supply system that is operated or maintained by that Concessionaire.
(3)	A drinking water safety plan must identify the risks that may affect water quality and quantity and must provide for the manner in which the risks can be reduced. 
(4)	A Concessionaire who contravenes this section, commits an offence and is liable on conviction to a term of imprisonment of not more than 2 years or by a fine of not exceeding VT1,000,000, or both.
10B.	Water safety audit
The Department is to carryout at least once every 3 years, a water safety audit on each water supply system that is operated or maintained by a Concessionaire.
10C.	Transitional provision relating to water safety plan
(1)	This section applies to any Concessionaire who operates or maintains a water supply system immediately prior to the commencement of this Act.
(2)	A Concessionaire must within 12 months of the commencement of this Act, prepare a drinking water safety plan.
(3)	Subsection 10A(4) applies to a Concessionaire who fails to prepare a drinking water safety plan within the period required under subsection (2).”
5	Section 21
Repeal the section.
6	After paragraph 26(a)
Insert
“(aa)	develop a drinking water safety plan and implement the improvements as set out in the plan;”
7	Paragraph 28(2)(a)
Delete “Mayor of the Port Vila Municipality”, substitute “the Mayor of the Municipality or President of the Provincial Council (which ever is applicable depending on the location of the area of the concession in which the damage or loss is alleged to have been sustained)”
8	Paragraph 28(2)(c)
Delete “Public Works”, substitute “the Department”
9	After section 31
Insert
“31A.	Penalty notices
(1)	The Director may serve a penalty notice on a person if it appears to him or her that the person has committed an offence under this Act or the Regulations and the offence is one that is stated by the Regulations to be an offence to which this section applies.
(2)	A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a Court, the person may pay to the Department within a time specified in the notice the amount of penalty stated in the penalty notice.
(3)	A penalty notice may be served personally or by post.
(4)	If the amount of penalty prescribed for the purposes of this section for an alleged offence is paid under this section, that person is not liable to any further proceedings for the alleged offence.
(5)	Payment under this section is not to be regarded as an admission of liability for the purpose of, nor in any way affect or prejudice, any proceeding arising out of the same occurrence.
(6)	The Regulations may:
(a)	prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence; and
(b)	prescribe the amount of penalty payable for the offence if dealt with under this section; and
(c)	prescribe different amounts of penalties for different offences or classes of offences.
(7)	The amount of a penalty prescribed under this section for an offence must not exceed the maximum amount of penalty prescribed in this Act.
(8)	This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.”