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Vanuatu Consolidated Legislation - 1988 |
Commencement: 3 February 1975
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 87
WATER SUPPLY APPARATUS
ARRANGEMENT OF SECTIONS
SECTION
5. Damage to works
6. Assault, obstruction etc. of authorised officer
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WATER SUPPLY APPARATUS
To provide powers to lay and maintain water mains.
INTERPRETATION
1. For the purpose of this Act -
"Minister" means the Minister responsible for public works;
"water main" shall mean any pipe or pipes of whatever material used for the purpose of the distribution of public water supplies and includes any valves and valve chambers, meters, fire hydrants, access shafts and chambers and such other fittings as may be necessary for the proper functioning of the system of public water supply and any pipe or pipes of whatever material together with all necessary fittings and installations used for storm water drainage or sewerage.
POWER TO LAY AND MAINTAIN WATER MAINS
Provided that -
(a) The Minister shall not exercise the powers conferred by this section except for the purposes of the water supply undertaking maintained and sewerage and drainage works undertaken by the Government;
(b) The Minister shall only acquire any right of user in the land, under, along, across in or upon which is placed any water main for the purposes of establishing and maintaining such water main;
(c) in the exercise of the powers conferred by this section the Minister shall require the Director of Public Works to do as little damage as possible and, when he has exercised those powers in respect of any land, shall in accordance with the provisions of section 4 pay compensation to all persons interested for any damage sustained by them by reasons of the exercise of those powers;
(d) before the exercise of any of the powers herein conferred notice of the Minister's intention shall be served on the owner or owners or other interested party, if any:
Provided that the Director of Public Works may in the case of a burst of other defect in a water main requiring immediate repair, enter any property without express authorisation and without giving notice.
POWER TO ENTER UPON LAND
(a) enter, survey, and take levels of, any private or other land or any part thereof;
(b) dig out and remove any earth, rocks, mould, sand and gravel and any other thing which may form an obstacle to the laying or maintenance of water mains and to carry out any work having a direct relation thereto;
(c) remove any tree standing within a distance of 4 metres from a water main;
(d) open or break up any road;
(e) place, lay and maintain such water mains or pipes as may be necessary to provide and maintain public water supplies or secure adequate disposal of storm water and sewerage in the most economical and efficient manner:
Provided that before the exercise of any of the powers herein conferred notice of the Director of Public Works' intention shall be served on the owner or owners or other interested party, if any, at least 7 working days before the exercise of such power.
(2) In the exercise of the powers given to him by this section, the right granted to the Director of Public Works shall be limited to the execution of such works in or over the soil of any land through or under which he causes to be placed any of the works.
(3) If such works so carried though or under any such land cause or be likely to cause any loss or damage of a certain and material nature to the owner of such land the Director of Public Works shall remove or alter such work and if he fails to do so the owner shall be entitled to reasonable compensation as provided in section 4.
COMPENSATION
(2) The amount of compensation if any, payable under the provisions of this Act, shall, in default of agreement be determined by a Compensation Commission, which shall comprise -
Chairman: The Director of Land Records or his duly authorised representative.
Members: The Accountant General or his duly authorised representation.
The Director of Public Service or his duly authorised representative.
Two persons resident in the area in question and appointed by the Minister.
(3) The Compensation Commission shall hear the claimant and the Minister (who may appear in person or by an agent) or if either shall so desire, consider written submissions, in lieu thereof and shall give its decision and the reasons therefor in writing to the claimant.
(4) If the claimant is not satisfied by the decision of the Commission he may appeal to the appropriate court in order that the court may determine the amount of compensation to be awarded.
DAMAGE TO WORKS
ASSAULT, OBSTRUCTION ETC. OF AUTHORISED OFFICER
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URL: http://www.paclii.org/vu/legis/consol_act1988/wsaa290