A BILL intituled An Act to amend the Water Services Industry Act 2006

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A BILL

intituled

An Act to amend the Water Services Industry Act 2006

[

]

ENACTED by the Parliament of Malaysia as follows:

Short title and commencement

1. (1) This Act may be cited as the Water Services Industry (Amendment) Act 2013. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Amendment of section 2 2. The Water Services Industry Act 2006 [Act 655], which is referred to as the “principal Act” in this Act, is amended in section 2— (a)

in the definition of “industrial effluent” by deleting the word “industrial" before the word “premises”;

(b)

in the definition of “prohibited effluent”, by deleting the word “by the Minister”;

(c)

in the definition of “sewage sludge”, by deleting the words “discharged through a disposal pipe;”;

(d)

by substituting for the definition of “sewage” the following definition:

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‘“sewage” means any liquid discharges containing human excreta, animal or vegetable matters in suspension or solution generated from household, commercial, institutional and industrial premises including liquid discharges from water closets, basins, sinks, bathrooms and other sanitary appliances but excluding prohibited effluent;’ ; (e)

by inserting after the definition of “licence” the following definition: ‘ “owner” includes –

(f)

(a)

the registered proprietor of land or premises;

(b)

the lessee, including a sub-lessee of land whether registered or not;

(c)

the trustee or executor of any persons described in paragraphs (a) and (b) or if that person cannot be traced or is dead, his legal personal representative; or

(d)

beneficial owner;’;

by inserting after the definition of ‘occupier” the following definition: ‘ “management body” means –

(g)

(a)

the developer prior to the formation of management corporation or joint management body;

(b)

the joint management body or its managing agent established under the Building and Common Property (Maintenance and Management) Act 2007 [Act 663];

(c)

the management corporation or its managing agent or administrator established under the relevant written laws; and

(d)

any authorised person appointed under any other written laws for management of high rise building or gated community;’;

by deleting the definition of “management corporation” ; 2

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(h)

in the English language text, in the definition of “sewerage services”, by substituting for the word “tanks” the word “tank”;

(i)

in the definition of “common internal sewerage piping” by substituting for the words “management corporation”, the words “management body”;

(j)

in the definition of “sewerage system” –

(k)

(i)

by inserting after the word “structures” the words “and the land where the same are located”; and

(ii)

in the English language text, by substituting for the word “tanks” the word “tank”; and

in the English language text, in the definition of “sewage treatment works”, by substituting for the word “tanks” the word “tank”.

Amendment of section 20 3. Subsection 20(1) of the principal Act is amended by substituting for paragraph (b) the following paragraph “(b) undertake, provide or make available services or any part of the services by means of operating a private water supply system or private sewerage system pertaining to – (i)

treatment of water abstracted from watercourse and the distribution and supply of treated water including maintenance of the water supply system; or

(ii)

collection, conveyance, treatment and disposal of sewage or sewage sludge including maintenance of the sewerage system,”

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Amendment of section 31 4. Subsection 31(1) of the principal Act is amended by substituting for the words “may be prescribed by the Minister” the words “the Minister thinks necessary by order published in the Gazette”.

Amendment of section 37 5. Subsection 37(1) of the principal Act is amended by inserting after the word “owner”, the word “, management body”.

Amendment of section 42 6. Subsection 42(2) of the principal Act is amended by inserting before the words “fire hydrant” the word “public”.

Amendment of section 43 7.

Section 43 of the principal Act is amended – (a)

by numbering the existing section as subsection (1) of that section; and

(b)

by inserting after subsection (1) the following subsections “(2) The duty of a service licensee to maintain a public sewerage system shall be up to the private connection pipe situated outside the boundary of the owner’s premises. (3) The cost of repairing, replacing and maintaining the private connection pipe situated outside the boundary of the owner’s premises shall be borne by the service licensee.”

Amendment of section 45 8. Paragraphs 45 (8) (a) and (b) of the principal Act are amended respectively by substituting for the words “management corporation”, the words “management body”. 4

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Amendments of section 48 9. Subsection 48(1) of the principal Act is amended by inserting after the words “public sewerage system” the words “or any part of the system”.

Amendments of section 49 10. Subsection 49 of the principal Act is amended by substituting for the words “as may be prescribed”, the words “ its subsidiary legislation or under any other written law”.


Subsection 50(1) of the principal Act is amended (a)

by inserting the following paragraph after paragraph (a); “(aa) carry out any construction, connection, modification or repairs to sanitary pipes, individual internal sewerage piping, common internal sewerage piping and sanitary fittings;”; and

(b)

in paragraph (c)(i)

by substituting for the word “or” after the words “water supply system” with a comma; and

(ii)

by inserting after the words “sewerage system” the words “or septic tank”.

Amendment of section 51 12. Section 51 of the principal Act is amended by deleting the words “(excluding sanitary plumbing)”.

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Section 52 of the principal Act is amended – (a) in subsection (1) –

(b)

(i)

by deleting the words “who is supplied water by, or” ; and

(ii)

by deleting the words “, if required by the water distribution licensee,”

by inserting after subsection (1) the following subsection : “(1A) Any existing consumer who is supplied water by a water distribution licensee shall be deemed to have contracted with the water distribution licensee for the supply of water and entered into an agreement with the water distribution licensee.”

(c)

in subsection (2), by inserting after the words “in subsection (1)” the words “and (1A)”.

Amendment of section 55 14. Subsection 55(1) of the principal Act is amended by inserting at the end of paragraph the words “within the duration stipulated by the Commission.”.


Section 57 of the principal Act is amended (a)

in subsection (1), by substituting for the words “management corporation”, wherever it appears, the words “management body”;

(b)

in subsection (2) – (i)

by substituting for the words “management corporation”, wherever it appears, the words “management body”; and

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(ii)

by inserting after the words “constructed or installed and” words “the Commission may ”.

the



in subsection (1), by substituting for the words “management corporation”, wherever it appears, the words “management body”; and

(b)



(ii)

by inserting after the words “constructed or installed and” words “the Commission may ”.

the

Amendment of section 60 17. Section 60 of the principal Act is amended by inserting after subsection (1) the following subsection : “(1A) Where a private connection pipe, drain or sewer from any premises or development has been unlawfully connected directly or indirectly to a public sewer or public sewage treatment works without the prior written approval of the Commission, it shall be presumed until the contrary is proved that the unlawful connection was made by the owner, occupier or management body of the premises or the developer of a development.”


Subsection 61 (1) of the principal Act is amended – (a)

in paragraph (b) by deleting the word “or” at the end of the paragraph;

(b)

in paragraph (c) by substituting for the full stop the word “; or” ; and 7

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(c)

by inserting after paragraph (c) the following paragraph “(d)

any sewage or sewage sludge without the approval of the Commission”.



in subsection (1) by substituting for the words “septic tank”, wherever it appears, the words “communal septic tank”;

(b)

in subsection (2) in the English language text, by substituting for the word “tanks” with word “tank”; and

(c)

by inserting after subsection (2) the following subsection: “(3) The owners, occupiers or management body of the premises serviced by the communal septic tank shall cause the communal septic tank to be inspected, desludged at such intervals and such manner in compliance with any rules made by the Commission under section 180 and maintained by a service licensee.”

Amendment of section 63 20. Subsections 63 (1) and (2) of the principal Act is amended by substituting for the words “management corporation” wherever it appears, the words “management body”.




in paragraph (b) by inserting after the words “private connection pipe” the words “inside the boundary of the premises”; 8

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(ii) (iii)

(b)

(c)

(d)

in the paragraph after paragraph (b) by substituting for the word “direction” wherever it appears, the word “notice”; and in the paragraph after paragraph (b) by substituting for the words “management corporation” wherever it appears, the words “management body”.


by substituting for the word “direction” wherever it appears, the word “notice”; and

(ii)

by substituting for the words “management corporation” the words “management body”.


by substituting for the word “direction” wherever it appears, the word “notice”; and

(ii)

in paragraphs (a) and (b), by substituting for the words “management corporation”, the word “management body” respectively.

by inserting after subsection (3) the following subsection: “(3A) A person who fails to comply with the notice issued under subsection (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.”

(e)

in subsection (4) by substituting for the words “management corporation”, the words “management body”.

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by substituting for subsection (1) the following subsections – “65 (1) The owner, management body or occupier of any premises serviced by a private sewerage system or septic tank shall -

(1A)

(b)

(a)

cause the private sewerage system, septic tank, the private connection pipe, individual internal sewerage piping, common internal sewerage piping and all accessories thereto to be so maintained and kept as not to be a nuisance or harmful to health; and

(b)

cause an individual septic tank to be desludged and, in the case of a private sewerage system, to be serviced and maintained by a service licensee or permit holder at such intervals and in such manner in compliance with any rules made by the Commission under section 180; or

(c)

cause an communal septic tank to be desludged and maintained by a service licensee at such intervals and in such manner in compliance with any rules made by the Commission under section 180.

The owner, management body or occupier of any premises having a private sewerage system or septic tank shall grant the service licensee or permit holder adequate access to the — (a)

septic tank for the purpose of enabling the septic tank to be serviced, maintained and desludged; and

(b)

private sewerage system for the purposes of enabling the private sewerage system to be inspected, serviced or maintained.”

by inserting after subsection (2) the following subsection: “ (2A) The owner, management body or occupier of any premises, as the case may be, shall be responsible for the maintenance, refurbishment or 10

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replacement of any private connection pipe situated inside the boundary of the premises.”



in subsection (1) by substituting for the words “management corporation”, the words “management body”.

(b)

in subsection (2) -

(c)

(i)


(ii)

by inserting after the words “is located or situated on” the words “or serviced by a private sewerage system or septic tank”.

in subsection (3) by substituting for the words “management corporation”, wherever it appears, the words “management body”.



by substituting for the words “management corporation”, the words “management body”;

(b)

by inserting after the words “sewerage services is provided”, the words “or whose premises is connected to a public sewerage system”; and

(c)

by inserting after the words “to that premises”, the words “or connection to the public sewerage system is made”.

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Amendment of section 85 25. Section 85 of the principal Act is amended by inserting after the word “may” the words “, on the recommendation of the Commission,”.

Amendment of section 86 26. Section 86 of the principal Act is amended in the Bahasa Kebangsan text in subsection (1) by substituting for the words “ pemegang lesen” the words “pemegang lesen perkhidmatan”.

Amendment to section 88 27.


in subsection (1) by deleting the words “of presentation”.

(b)

by substituting for subsection (2) the following subsection – “(2) A written statement by an employee of a licensee duly certified by the licensee or any person authorized authorized by the licensee specifying the amount due for (a)

the water supplied and the quantity of water supplied is ascertained through an appropriate meter;

(b)

services rendered in connection to water supply; or

(c)

the provision of sewerage services,

shall be prima facie evidence of the payment that has to be made by the consumer under subsection (1).”


Section 89 of the principal Act is amended – 12

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(a)

(b)

in subsections (2) – (i)

by substituting for the words “management corporation”, the words “management body”; and

(ii)

by deleting the words “of presentation”.

by substituting for subsection (3) the following subsection – “ (3) Before exercising its powers under subsection (1), the water distribution licensee shall give a written notice in a document that is separate from a bill to the owner, management body or occupier of the premises or the consumer to remedy or rectify the default or contravention within fourteen days from the receipt of the notice and the consumer shall pay the prescribed charges to the water distribution licensee for the written notice issued by the water distribution licensee.”

(c)

by inserting after subsection (3) the following subsection: “(3A) Any written notice by the water distribution licensee under subsection (3) shall be given in the manner provided in section 167(a).”

(d)

in subsection (4) by substituting for the words “management corporation”, the words “management body”; and

(e)

in subsection (8) by inserting after the word “cost of” the words “, fee and charges prescribed for”.



in paragraph (c) by deleting the word “or” at the end of the paragraph;

(b)

in paragraph (d) by substituting for the comma the word “; or”; and

(c)

by inserting after paragraph (1)(d) the following paragraph: “(e)

to connect any pipe to drain rain water or storm water into any private connection pipe, common internal sewerage piping, 13

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individual internal sewerage piping, sewer, manhole, chamber or any part of the public sewerage system except for any rain water harvesting system approved by the relevant authorities,”.




(b)

by inserting after subsection (1) the following subsection “(2) Where a meter or sub-meter used for the measurement of water supplied to any premises is situated inside the boundary of the premises and the meter or sub-meter is found to have been tampered with so as to show incorrect reading, it shall be presumed until the contrary is proved that the meter or sub-meter was tempered by the owner or the occupier of the premises.”

Amendment of section 128 31. Section 128 of the principal Act is amended by substituting for the words “management corporation”, wherever it appears, the words “management body”.


Subsection 129 (1) of the principal Act is amended (a)

in the English language text by substituting for the word “facilitiy”, the word “facility”;

(b)

by inserting before the word “equipment” whenever it appears, the word “installations,”;

(c)

by substituting for the words “ fifty” the words “five hundred”; and

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(d)

by substituting for the words “ six months” the words “three years”;

Amendment of section 141 33. Subsection 141(4) of the principal Act is amended in paragraph (a) by substituting for the words “management corporation”, the words “management body”.




(b)

by inserting after subsection (1) the following subsection: “(2) The licensee or any person authorized by the licensee in that behalf may with the prior approval of the Commission enter any land or premises where the sewerage system or water supply system or any part of the system is installed without any notice to the owner, occupier or management body, in the case of an emergency where a sewerage system or any part thereof, due to any cause, is likely to become dangerous to the public.”.

Amendment of section 167 35. Subsection 167 (2) of the principal Act is amended by substituting for the words “management corporation” wherever it appears, the word “management body”.



by substituting for subsection (2) the following subsection :

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“(2) Any licensee or authorized person under Chapter 2 of Part XIII shall contribute to the Water Industry Fund in accordance with the rates as may be prescribed.” (b)

by inserting after subsection (2) the following subsections : “(2A) Any licensee or authorized person under Chapter 2 of Part XIII who fails to comply with subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding three hundred thousand ringgit or imprisonment not exceeding three years or to both. (2B) Any licensee or authorized person under Chapter 2 of Part XIII who has committed an offence under subsection (2A) shall in addition to any penalty that may be imposed for the offence, is still required to contribute to the Water Industry Fund in accordance with subsection (2).” (2C) The Minister may, on the recommendation of the Commission, exempt any licensee or authorized person under Chapter 2 of Part XIII from contributing to the Water Industry Fund under subsection (2) on such terms and conditions as he thinks fit.”



by substituting for subsection (2) the following subsection : “(2)

Any person who constructs— (a)

a building and connects the building to a public sewer;

(b)

a sewage treatment works without a sludge processing facility or standby power generator or both; and

(c)

a septic tank that requires an off-site sludge processing facility

shall contribute to the Sewerage Capital Contribution Fund in accordance with the rates as may be prescribed.” 16

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(b)

by inserting after subsection (2) the following subsections : “(2A) Any person who fails to comply with subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding three hundred thousand ringgit or imprisonment not exceeding three years or to both. (2B) Any person who has committed an offence under subsection (2A) shall in addition to any penalty that may be imposed for the offence, is still required to contribute to the Sewerage Capital Contribution Fund in accordance with subsection (2).” (2C) The Minister may, on the recommendation of the Commission, exempt any person from contributing to the Sewerage Capital Contribution Fund under sub section (2) on such terms and conditions as he thinks fit.”

New section 172A 38.

The principal Act is amended by inserting after section 172 the following section: “Water supply capital contribution 172A. (1) A person shall for purposes of connecting a development or premises to an individual licencee’s water supply system, pay the water supply capital contribution to the individual licensee in accordance with the prescribed charges or rates. (2) The water supply capital contribution shall be expended for the following purposes: (a)

develop, up grade or refurbish the water supply system at the upstream of the connection point of the water supply system in a development due to the increase in water demand from said development; and

(b)

such other purposes as may be determined by the Minister.

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(3) The Minister may, on the recommendation of the Commission, exempt any person from paying water supply capital contribution under subsection (1) on such terms and conditions as he thinks fit.”

Amendment of section 175 39. Subsection 175(1) of the principal Act is amended by substituting for the word “at”, the words “not later than six months after”.



by inserting after the words “non-compliance of any” the words “provisions of the Act or its subsidiary legislation, guidelines or”; and

(b)

by inserting after the words “breach of licence condition” the word “, guidelines”

New section 178A 41.

The principal Act is amended by inserting after section 178 the following section: “178A. Determination and direction by Minister (1)

The Minister may, from time to time, determine any matter specified in this Act as being subject to Ministerial determination without consultation with any person.

(2)

The Minister may from time to time issue directions as provided for under the Act.

(3)

Any Ministerial determination and direction shall be consistent with the provisions of this Act which are relevant to a particular matter.

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(4)

The Minister shall provide a copy of the determination or direction to the Commission as soon as practicable.

(5)

Every determination and direction shall be registered by the Commission as soon as practicable.

(6)

A determination or direction shall be effective on the date of registration or such later date as the Minister may specify in the written instrument.

(7)

The determination or direction shall expire on such date as the Minister may specify in the written instrument or if no date is specified, the determination or direction shall be in force until the determination or direction is revoked.

(8)

The Minister may at any time vary or revoke a determination or direction.

(9)

The procedures set out in this section in respect of making a determination or direction shall apply mutatis mutandis in respect of any variation or revocation of the determination or direction.

(10)

The Commission shall maintain a register of all determinations and directions made by the Minister including any variation or revocation of a determination or direction, in accordance with section 176.”


Subparagraph 179 (e) of the principal Act is amended by inserting after the words “may charge”, the words “any person”.



in paragraph (a) – (i)

by inserting after subparagraph (vi), the following subparagraph-

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“(viA) the septic tank, sanitary plumbing, individual internal sewerage piping, common internal sewerage piping and sanitary fittings;” (ii)

in subparagraph (vii) by substituting for the words “and material”, the words “, material, system, installations and facility”;

(b)

in paragraphs (b)(iv) and (e) respectively, by substituting for the words “management corporation”, the words “management body”;

(c)

by substituting paragraph (m) with the following paragraph “(m) all matters relating to the registration of products and any person supplying installations, devices, equipment, material, system or facility relating to water supply systems, sewerage systems, septic tanks, individual internal piping or common internal sewerage piping and the imposition of fees and charges;”.

____________________________________________ EXPLANATORY STATEMENT This Bill seeks to amend the Water Services Industry Act 2006 (“Act 655”) 2. Clause 1 contains the short title and the power of the Minister to appoint the commencement date of the proposed Act. 3. Clause 2 seeks to amend section 2 of Act 655 to introduce new definitions and to amend existing definitions used in Act 655. 4. Clause 3 seeks to amend subsection 20(1) Act 655 to specify circumstances for the requirement to hold a class service licence. Water supply service class licensee maintains a water supply system solely for purposes of supplying water to the owner or occupier of premises or the guests or invitees of the owner or occupier for their private use. Sewerage services class licensee only provides sewerage services not including desludging of septic tank to the owner or occupier of premises or the guests or invitees of the owner or occupier for their private use. 5. Clause 4 seeks to amend subsection 31(1) Act 655 to substitute the manner Minister prescribes the circumstances for the requirement to build water 20

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supply system or sewerage system by a facilities licensee through regulation to an order published in the Gazette taking into consideration that said matter is for a certain location or short duration. 6. Clause 6 seeks to amend subsection 42(2) Act 655 to limit the water distribution licensee’s liability to cost of water utilised from public fire hydrant only. 7. Clause 7 seeks to amend section 43 Act 655 to widen the responsibility of the sewerage services licensee to operate and maintain the public sewerage system up to the private connection pipe outside the boundary of the consumer’s premises. The service licensee is also responsible for all costs of maintenance and repair of private connection pipe situated outside the boundary of the premises. 8. Clause 9 seeks to amend subsection 48(1) Act 655 to widen the liability to pay for making good the damage and compensation to any damage caused to any part of the public water supply system or sewerage system. 9. Clause 10 seeks to amend section 49 Act 655 to be consistent with the provision in section 180 (a)(iii) that empowers the Commission to stipulate the qualification of persons maintaining or operating a sewerage system or water supply system through rules. Further these amendments also require compliance to other relevant laws on the same matter. 10. Clause 11 seeks to amend subsection 50(1) Act 655 to provide for the requirement to hold a permit issued by the Commission for works relating to sanitary plumbing and sanitary fittings, individual internal sewerage piping, common internal sewerage piping and septic tank. 11. Clause 12 seeks to amend section 51 Act 655 to be consistent with the amendments proposed in section 50 Act 655 where the permit holder concerned is allowed to carry out works related to construction, connection, alterations and repairs to sanitary plumbing. 12. Clause 13 seeks to amend section 52 Act 655 to provide that the agreement for water supply is only executed between water distribution licensee and a consumer who applies for new water supply. Existing consumers shall be deemed to have entered into an agreement for water supply with the water distribution licensee. 21

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13. Clause 14 seeks to amend subsection 55(1) Act 655 to provide that the Commission may stipulate the duration of water disconnection carried out by the water distribution licensee at the direction of Commission. 14. Clause 15 seeks to amend section 57 Act 655 to enable the Commission to recover cost and expenses for any works carried out by the Commission or any authorised person relating to connection of premises to a public sewer. 15. Clause 16 seeks to amend section 59 Act 655 to enable the Commission to recover cost and expenses for any works carried out by the Commission or any authorised person relating to construction or installation of pipes to drain sewage from any premises. 16. Clause 17 seeks to amend section 60 Act 655 to provide that any connection from any premises or development to a public sewerage system made without the prior approval of the Commission shall be presumed until the contrary is proved, to have been made by the owner, occupier or management body of the premises or the developer of a development. This section will facilitate in an effective investigation and enforcement process. 17. Clause 18 seeks to amend subsection 61(1) Act 655 to make the discharge of sewage and sewage sludge into a public sewer without approval of the Commission an offence and to enable the Commission to take enforcement action on any person who contravenes this section. 18. Clause 19 seeks to amend section 62 Act 655 to provide that communal septic tanks shall only be desludged by a sewerage services licensee to ensure that the communal septic tank is desludged at prescribed intervals and is well maintained to avoid any disputes between owners, occupiers and management body in regards to maintenance of the communal septic tanks. 19. Clause 21 seeks to amend section 64 Act 655 to substitute the direction issued by the Commission with notice issued by the Commission considering that the repair works may need to be executed urgently to avoid any nuisance. Penalty is imposed for failure to comply with the notice for effective enforcement. 20. Clause 22 seeks to amend section 65 Act 655 to provide for the responsibilities of owner, occupier and management body in regards to maintenance of private sewerage system and septic tanks. The responsibility to 22

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maintain a private connection pipe is limited to the private connection pipe situated inside the boundary of the premises. Sewerage services licensee and the permit holder shall be given access for purposes of maintaining the private sewerage system or septic tank. 21. Clause 23 seeks to amend section 66 Act 655 to hold responsible the owner or management body of a premises connected to a private sewerage system or septic tank including private sewerage system or septic tank situated outside the boundary of the premises to abate any nuisance or danger to health caused by said private sewerage system or septic tank. 22 Clause 24 seeks to amend subsection 67(1) Act 655 to provide that upon a premises being connected to a public sewerage system, the owner, occupier or management body, is deemed to have contracted for sewerage services , taking into consideration that the responsibility of the sewerage services licensee to maintain the sewerage system commences as soon as the premises is connected to the sewerage system. 23 Clause 25 seeks to amend section 85 Act 655 to provide that any exemption for any rates, charges or deposits shall be recommended by the Commission before the Minister grants the exemption to avoid any request for exemption to be applied directly to the Minister. The final decision shall be made by the Minister. 24 Clause 27 seeks to amend section 88 Act 655 to provide for a mechanism for issuance and receipt of bill or notice to avoid any confusion or dispute in the matter of receipt of bill or notice. Further the amendment seeks to clarify that the amount of water supplied as certified by the authorised person of the licensee is obtained from reading of the meter. 25. Clause 28 seeks to amend section 89 Act 655 to provide for the procedure on issuance of notice for the disconnection of water and the consumer’s obligation to pay the cost of the notice at a prescribed rate. 26. Clause 29 seeks to amend section 122 Act 655 to make an offence to connect to any sewerage pipe or any part of the sewerage system to drain storm water or flood water other than a rain harvesting system approved by the relevant authority.

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27. Clause 30 seeks to amend section 124 Act 655 to provide for a presumption clause for tempering of meter in the boundary of premises because the meter is in the control of the owner or occupier of the premises. If any meter or submeter is tempered in the boundary of the premises so as to show incorrect reading, it shall be presumed until the contrary is proved, that the owner or occupier of the premises is presumed to have tempered with the meter. 28. Clause 32 seeks to amend subsection 129(1) Act 655 to increase the fine and the period of imprisonment for any offence under this section. Further, any offence under this section will also include supply of non standard installation consistent with the obligation of the supplier under section 180(m) and the proposed amendments in section 180(a)(vii). 29. Clause 34 seeks to amend section 144 Act 655 to provide for the execution of emergency works at a public water supply system or sewerage system located on private land or premises to avoid any danger to the public without the requirement to notify the owner, occupier or management body of said land or premises. 30. Clause 36 seeks to amend section 171 Act 655 to make the payment of the water industry fund obligatory. The Minister is empowered to exempt the contribution on the recommendation of the Commission. Further any failure to pay is an offence and although convicted with the offence the service licensee or the authorised person shall be still required to pay the contribution. 31. Clause 37 seeks to amend section 172 Act 655 to make the payment of the sewerage capital contribution obligatory. The Minister is empowered to exempt the contribution on the recommendation of the Commission. Further any failure to pay is an offence and although convicted with the offence the service licensee or the authorised person shall be still required to pay the contribution. 32. Clause 38 seeks to insert a new section 172A. The proposed section 172A seeks to provide a provision for a water supply capital contribution that is required to be paid by any developer or person who connects the premises to the water supply system. The contribution shall be expanded for upgrading and refurbishing the water supply system to cater for increase in demand and for other purposes determined by the Minister. The Minister is empowered to exempt the contribution on the recommendation of the Commission.

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33. Clause 39 seeks to amend subsection 175(1) Act 655 to stipulate that the duration to report to the Minister on the industry performance is six months from the end of the financial year of the Commission. 34. Clause 40 seeks to amend subsection 177(1) Act 655 to provide for a penalty for any failure to comply with guidelines issued by the Commission. 35. Clause 41 seeks to insert new section 178A. The proposed section 178A seeks to provide for the registration and the specification of the date of enforcement of any determination made or direction issued by the Minister. 36. Clause 43 seeks to amend section 180 Act 655 to enable the Commission to specify technical and performance standards for sanitary plumbing and fittings, septic tank, individual internal sewerage piping, common internal sewerage piping and standardization of material, system, installations and facility through rules. Further the Commission may make rules for the registration of suppliers and product and impose fees for the registration of suppliers and product. 37. Other amendments not specifically referred to in this Statement are minor or consequential in nature.

FINANCIAL IMPLICATIONS The Bill will not involve the Government in any extra financial expenditure.

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