| Column 1 | Column 2 |
| 1. Water and Sewerage Act, Cap. 9.03 | 1. In section 2 — |
| (a) by inserting the following definitions in the correct alphabetical sequence — |
| “ “abstraction” means the process by which water in its natural environment may be artificially removed through a manmade structure or through the process of changing the flow of the water from its usual course to another course; |
| “water harvesting” means the practice of capturing, infiltrating or utilizing rainfall from roofs or constructed catchment surfaces;”; |
| (b) by deleting the definitions for the terms — |
| “Board”, “Bureau of Standards”, “Executive Director”, “Fund”, “low income household”, “Reserve Fund” and “Member”; |
| (c) by deleting the definition of “auditor” and substituting the following definition — |
| “ “auditor” means a person who is a member of the Institute of Chartered Accountants of the Eastern Caribbean and who holds a practicing certificate issued by the Institute;”; |
| (d) by deleting the definition of “Commission” and substituting the following definition — |
| “ “Commission” means the National Utilities Regulatory Commission established under section 5 of the National Utilities Regulatory Commission Act 2015;”; |
| (e) by deleting the definition of “Minister” and substituting the following definition — |
| “ “Minister” — |
| (a) when referred to in Part 2 means the Minister responsible for water resource management; |
| (b) when referred to in Part 3 means the Minister responsible for public utilities;”; |
| (f) by deleting the definition of “universal service” and substituting the following definition — |
| “ “universal service” means the provision of a water supply service directly to a dwelling;”; |
| (g) by deleting the definition of “water” and substituting the following definition — |
| “ “water” includes — |
| (a) water flowing or situated upon the surface of any land; |
| (b) water flowing or contained in any natural course for water or any lake or spring whether or not it has been altered or artificially improved; |
| (c) estuarine or coastal water; |
| (d) groundwater; |
| (e) rainwater; and |
| (f) water contained by waterworks acquired, constructed, improved or operated by person providing a water supply service;”. |
| 2. In section 3(2) by deleting the words “Minister responsible for agriculture” and substituting the words “Minister responsible for water resource management”. |
| 3. In section 4(1) — |
| (a) in paragraph (c) after the words “resources” by adding the words “and water harvesting”; |
| (b) in paragraph (d) by deleting the words “advising on” and substituting the word “promoting”. |
| 4. By deleting section 6(2)(c) and substituting the following paragraphs — |
| “(c) provide for the preservation of flora and fauna in gathering grounds; |
| (ca) provide for the preservation and enhancement the ecological processes; and”. |
| 5. By deleting section 9(4) and substituting the following subsection – |
| “(4) A person who contravenes an order made under this section commits an offence and upon summary conviction is liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both.”. |
| 6. By deleting section 10(3) and substituting the following subsection — |
| “(3) A person who contravenes a provision of an Order made pursuant to subsection (1)(b), (c) or (d) commits an offence and upon summary conviction is liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.”. |
| 7. In section 11(1) by deleting the words “ordinarily resident on that land”. |
| 8. By deleting section 12(2) and substituting the following subsection — |
| “(2) A person who contravenes subsection (1) commits an offence and upon summary conviction is liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.”. |
| 9. By deleting section 22 and substituting the following section — |
| “Offence of not complying with direction of Agency for abstraction licence |
| 22. An abstraction licensee who fails to comply with a direction of the Agency given under section 20 commits an offence and upon summary conviction is liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.”. |
| 10. By deleting section 25(2) and substituting the following subsection — |
| “(2) A person who contravenes subsection (1) commits an offence and upon summary conviction is liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.”. |
| 11. By deleting section 35 and substituting the following section — |
| “Offence of not complying with direction of Agency for permit |
| 35. A permit holder who fails to comply with a direction given by the Agency under section 33 commits an offence and upon summary conviction is liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.”. |
| 12. In Part 3 — |
| (a) by repealing Division 1 (sections 36 to 59); |
| (b) in Division 2 — |
| (i) in section 60(2), by deleting the words “and to a further fine not exceeding $500 for each day during which the offence continues”. |
| (ii) by deleting sections 61, 62, 63 and 64 and substituting the following sections — |
| “Application for service licence |
| 61. (1) The Commission may by notice published in the Gazette and in at least 2 newspapers in general and weekly circulation in Saint Lucia and by any other public media invite persons to tender applications for the provision of a water supply service or sewerage service together with a closing date for tendering of applications. |
| (2) Subject to subsection (3), a person wishing to carry on a water supply service or sewerage service shall, whether or not a notice is published pursuant to subsection (1), submit an application to the Commission for a service licence to provide a water supply service or sewerage service to the public or to a part of the public. |
| (3) An application pursuant to subsection (2) shall be in the prescribed form and shall be accompanied by and an environmental impact assessment and the prescribed service licence fee. |
| Request for further information |
| 62. (1) The Commission may within 14 days of an application being made under section 61(2) request additional information from an applicant for the purpose of considering the application. |
| (2) Where the Commission makes a request for information pursuant to subsection (1), the applicant shall submit that information within 14 days of the request or within a further period of time granted and specified in writing by the Commission. |
| (3) The Commission shall not refuse to grant a further time period pursuant to subsection (2) unless it is reasonable to so refuse. |
| (4) An application shall not be taken to have been submitted to the Commission until the information requested under this section is received by the Commission. |
| Grant or refusal of service licence |
| 63. (1) Where an application is submitted to the Commission pursuant to section 61, the Commission shall evaluate the applicant and within 28 days of receipt of the application under section 61 or information requested pursuant to section 62 being received, as the case may be, and – |
| (a) if satisfied that an applicant has — |
| (i) the requisite technical and managerial capacity and experience in the management of similar water supply service or sewerage service, |
| (ii) the financial ability for the execution of the water supply service or sewerage service, and |
| (iii) the ability to mitigate detrimental environmental impacts associated with the water supply service or sewerage service; and is the best applicant for the grant of a service licence, may grant the service licence to that applicant; or |
| (b) if not satisfied that the applicant has met the requirements referred to in paragraph (a), shall refuse to grant a service licence to that applicant. |
| (2) The Commission shall within 14 days of a decision under subsection (1) notify the applicant of the grant or the refusal and shall give the reasons in writing for a refusal. |
| (3) A person aggrieved by the decision of the Commission shall have the right of appeal pursuant to section 96(5). |
| No notice of grant or refusal for service licence |
| 64. (1) If no decision for the grant or refusal of an application for a service licence is given to the applicant within the period specified under section 63(2), the applicant shall, upon an application being made in accordance with subsection (2), have the right to be heard by the Commission. |
| (2) The application for a hearing before the Commission under subsection (1) shall be made be in the prescribed form within 14 days of the end of the period specified in section 63(2). |
| (3) A hearing before the Commission under this section shall be held within 14 days of an application being submitted under subsection (2) and the Commission shall grant or refuse the service licence and give notice of its decision to the applicant within 14 days of the hearing. |
| (4) Where after a hearing under this section the Commission refuses to grant the service licence, the applicant shall have a right of appeal pursuant to section 96(5). |
| (5) Where the Commission fails to comply with subsection (3), the service licence shall be deemed to be refused and the applicant shall have a right of appeal pursuant to section 96(5).”. |
| 13. In section 69(1) by inserting the word “written” between the words “the” and “approval”. |
| 14. By deleting section 72(3) and substituting the following subsection — |
| “(3) A person required to provide documents or information or to appear or make a signed statement under subsection (2) and who fails to comply commits an offence and upon summary conviction is liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both.”. |
| 15. By deleting section 75(1) and substituting the following section — |
| “75. Subject to subsection (2), a service licensee shall comply with the minimum standards for quality of the water supply service and sewerage service set pursuant to the Regulations made pursuant to section 97(2)(o).”. |
| 16. In section 82(5) by inserting the words “after consultation with the service licensee” between the words “shall” and “make”. |
| 17. By deleting section 83(1) and (2) and substituting the following subsections — |
| “83. (1) Cabinet may, by order published in the Gazette, grant a direct subsidy for the provisions of a service in order to ensure that households specified in the Order under subsection (2) have universal service. |
| (2) An Order pursuant to subsection (1) shall specify the households or category of households who are beneficiaries of the direct subsidy and the precise extent of the subsidy.”. |
| 18. By deleting section 84(1) and (2) and substituting the following subsections — |
| “(1) Cabinet may by Order published in the Gazette provide a cross subsidy for the provision of a service in order to ensure that categories of households specified in the Order under subsection (2) have universal service. |
| (2) An Order pursuant to subsection (1) shall specify the categories of households who are beneficiaries to the cross subsidy and the precise extent of the cross subsidy.”. |
| 19. By deleting section 85(4) and substituting the following subsection — |
| “(4) The service licensee shall submit the levy to the Commission within 28 days of collection and the levy shall form part of the revenue of the Commission in accordance with section 28(1)(b) of the National Utilities Regulatory Commission Act 2015.”. |
| 20. By deleting section 89(1) and substituting the following subsection — |
| “(1) Subject to subsection (2), a service licensee who fails to comply with a direction given by the Commission under section 87 commits an offence and upon conviction on indictment is liable to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 15 years or to both.”. |
| 21. By deleting section 90(2) and substituting the following subsection — |
| “(2) A person who contravenes subsection (1) commits an offence and upon summary conviction is liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both.”. |
| 22. By deleting section 91(2) and substituting the following subsection — |
| “(2) A person who contravenes subsection (1) commits an offence and upon summary conviction is liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both.”. |
| 23. By deleting section 92(2) and substituting the following subsection — |
| “(2) A person who contravenes subsection (1) commits an offence and upon summary conviction is liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both.”. |
| 24. By deleting section 96 and substituting the following section — |
| “96. Appeal |
| (1) There is hereby established an appeals tribunal for the purpose of hearing appeals against decisions of the Agency or the Minister responsible for water resource management. |
| (2) The constitution and procedure of the Appeals Tribunal shall be as prescribed in the regulations made under section 97(2)(q). |
| (3) An appeal from a decision of the Agency or the Minister responsible for water resource management lies to the Appeals Tribunal. |
| (4) A person may, within 28 days of a decision of the Agency or Minister responsible for water resource management apply in writing to the Appeals Tribunal against that decision. |
| (5) An appeal from the decision of the Commission lies to the appeals tribunal established under section 43 of the National Utilities Regulatory Commission Act 2015- in accordance with that Act.”. |
| 25. In section 97 — |
| (a) by deleting subsection (2)(j); |
| (b) in subsection (3), by deleting the words “one thousand dollars” and substituting the words “$3,000”; |
| (c) by deleing subsection (4) substituting the following subsection — |
| “(4) For the purposes of this section- “relevant Minister” — |
| (a) in the case of matters relating to water resource management, means the Minister responsible for water resource management; |
| (b) in the case of matters relating to water supply service and sewerage service, means the Minister responsible for utility supply services.”. |
| 26. By deleting the Schedule. |
| 2. Water and Sewerage (Tariff) Regulations – Statutory Instrument 106/2008. | 1. By deleting Schedule 1 and substituting the following Schedule — |
| “SCHEDULE 1 |
| (Regulation 3) |
| WATER AND SEWERAGE RATES |
| WATER RATES |
| | Tariff |
| Domestic | |
| First 9.09218m3 | $8.22 |
| In excess of 13.63828m3 | $15.61 |
| Minimum charge 0 to 9.09218m3 | $16.44 |
| Commercial/Industry per 4.55409m3) | $20.66 |
| Hotel per (4.55409m3) | $22.02 |
| Government per (4.55409m3) | $12.82 |
| CONNECTION FEE – Variable, based on site conditions with respect to existing service networks and schemes.”. |
| 2. By deleting Schedule 2 and substituting the following Schedule: |
| “SCHEDULE 2 |
| (Regulation 4) |
| INDEXATION FORMULA |
| The indexation formula is: |
| Tt = T(t-1) *[1 +(0.4rL + 0.3rE + 0.2 rI+0.1 rCPI) + K] |
| Where: |
| T = Tariff |
| t = Year in which the adjustments will be implemented (current year), |
| t- 1 = Year prior to the year in which the adjustments will be implemented |
| L = Wage Index, measured by the wage rate for the lowest grade of worker at any similar utility company locally or regionally approved for this purpose by the Commission.”. |
| ÄL = Change in wage index, as calculated by: Lt - L (t-1) /L(t-1) |
| E = Tariff for high voltage electricity supply (per kWh) |
| ÄE = Change in electricity tariffs, as calculated by: (Et - E(t-1) / E(t-1) |
| I = Industrial index weighting for Maintenance costs as measured by changes to the following categories in the US Department of Labor Producer Price Index (This index does not take into account currency fluctuations and so shall be adjusted during a triennial tariff review to provide for exchange rate fluctuation if the currency in Saint Lucia is no longer pegged to the US Dollar): |
| Abbr. Industry Product Change Calculated by: |
| Category |
| P Pump and Domestic |
| P = (Pt – Pt-1)/ Pt-1 pumping Water equipment mfg Systems |
| FM Total fluid Liquid |
| FM = (FMt – FMt-1) meter and Meters / FMt-1 counting device |
| mfg |
| I = Change in Industrial Index, as calculated by: (P + FM)/2 |
| CPI = St Lucia Consumer Price Index, as published by the St Lucia Department of Statistics |
| CPI = Change in CPI, as calculated by: |
| (CPIt – CPI t-1)/ CPI t-1 |
| K = K factor. This is to be determined by the Commission during each triennial tariff review.”. |
| 3. Water and Sewerage (Water Resource Management) Regulations – Statutory Instrument 7/2009 | By deleting the words “Minister [responsible for agriculture]”and “Minister responsible for Agriculture” wherever they appear in the forms in the Schedule and substituting the words “Minister responsible for water resource management”. |