Revised Laws of Saint Lucia (2021)

2.   Interpretation

In this Act—

“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; (Inserted by Act 3 of 2016)

“abstraction licence” means an abstraction licence granted under Division 4 of Part 2;

“abstraction licence fee” means an abstraction licence fee payable under section 18;

“abstraction licensee” means a person who holds a valid abstraction licence under this Act;

“application fee” means an application fee to be submitted with an application made under this Act;

“Agency” means the Water Resource Management Agency established under section 3;

“annual tariff review” means the annual tariff review under section 80;

“Appeals Tribunal” means the Appeals Tribunal appointed under section 96;

“application” means an application made under this Act;

“applicant” means a person making an application under this Act;

“aquifer” means a geological structure or formation or an artificial land fill permeated or capable of being permeated permanently or intermittently with water;

“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; (Substituted by Act 3 of 2016)

“Board” (Deleted by Act 3 of 2016)

“bore” means any bore, hole, well, excavation or other opening in the ground naturally or artificially constructed or improved for the purpose of intercepting, collecting, obtaining or using groundwater or disposing of any water or waste below the surface of the ground, or which extends to an aquifer;

“Bureau of Standards” (Deleted by Act 3 of 2016)

“business risk” means the risk derived from a service licensee's own decisions regarding its operations, investments and costs;

“Chairperson” means the Chairperson of the Board appointed under section 36;

“Commission” means the National Utilities Regulatory Commission established under section 5 of the National Utilities Regulatory Commission Act 2015; (Substituted by Act 3 of 2016)

“consumer” means a person who uses a service;

“continuity” means the condition by which potable water supply service or sewerage services are provided continuously, avoiding interruptions;

“cross subsidy” means differentiating tariffs for certain categories of customers so that the contribution by a group of customers pays for part of the cost of services supplied to other customers or group of customers;

“customer” means a person who subscribes for a service;

“Deputy Director” means the Deputy Director of the Water Resource Management Agency appointed under section 3;

“Director” means the Director of the Water Resource Management Agency appointed under section 3;

“direct subsidy” means the granting of revenue by the Government—

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   (a)     to certain customers to pay part of the cost of their access to a service; or

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   (b)     to the provider of a service to help pay part of the cost of service connection, service or construction of the works necessary for the maintenance, refurbishment, and expansion of facilities;

“dispose” includes transfer, destroy, sell, abandon, dismantle;

“economic equilibrium” means that the revenues from a service rendered allow for the full recovery of all efficiently incurred costs and reasonable compensation for the cost of capital in the provision of that service;

“Executive Director” (Deleted by Act 3 of 2016)

“environment” means all aspects of a person's surroundings, including the physical, biological, economic, cultural and social aspects of such surroundings;

“extraordinary tariff review” means the extraordinary tariff review under section 82;

“facilities” means the premises and apparatus required to provide services;

“Fund” (Deleted by Act 3 of 2016)

“gathering ground” means an area of land declared to be a gathering ground under section 8;

“Government” means the Government of Saint Lucia;

“groundwater” means all water occurring or obtained from below the surface of the ground other than water contained in works, not being a bore, for the distribution, storage or treatment of water or waste, and includes water occurring in or obtained from any bore or aquifer;

“levy” means the water and sewerage service levy established under section 85;

“licence” means a licence granted under this Act;

“licensee” means a person who holds a valid licence under this Act;

“low-income household” (Deleted by Act 3 of 2016)

“member” (Deleted by Act 3 of 2016)

“meter” means any appliance used to measure, ascertain or regulate the amount of water taken or used from waterworks by means of any service, as well as any appliance used in estimating the flow of water in or from any part of waterworks;

“Minister”—

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   (a)     when referred to in Part 2 means the Minister responsible for water resource management;

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   (b)     when referred to in Part 3 means the Minister responsible for public utilities;

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   (Substituted by Act 3 of 2016)

“owner” in relation to any building or land includes a person other than a mortgagee who for the time being—

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   (a)     is entitled to dispose of the right of ownership of the building or land whether in possession or reversion; or

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   (b)     holds or is entitled to the rights and profits of the building or land under a lease or agreement, the unexpired term whereof exceeds 3 years; or

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   (c)     where the person referred to in paragraph (a) or (b) is absent or under any disability, his or her agent or if there is no such agent, the occupier of the building or land;

“permit fee” means the permit fee under section 31;

“permit holder” means a person who holds a valid permit under this Act;

“person” includes a body corporate or an unincorporated body;

“pollution” means the man-made or man-induced alteration of the physical, biological, chemical, and radiological integrity of water and other media;

“potable water” means water which meets quality standards set under this Act and to any other law in force in Saint Lucia;

“potable water supply service” includes the—

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   (a)     treating of water to make it potable water;

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   (b)     storing, bottling, transporting, or distribution of potable water,

and the sale or offer for sale of that water as potable water;

“prescribed” means prescribed in the regulations;

“raw water” means water which does not meet the quality standards for potable water set under this Act and any other law in force in Saint Lucia;

“raw water supply service” includes the, storing, transporting and distribution of raw water and the offer for sale or the sale of raw water;

“regulations” means regulations made under section 97;

“repealed Act” means the Water and Sewerage Act 1999, No. 13 of 1999;

“Reserve Fund” (Deleted by Act 3 of 2016)

“rooftop catchment” means any installation or device suitable for the collection of rainwater on the roof of a building or dwelling house;

“service” includes a water supply service, a sewerage service and the construction, operation, maintenance, rehabilitation, expansion, management and exploitation of works necessary for a water supply service or a sewerage service under a service licence;

“service connection” means a connection for receipt of a service;

“service licence” means a service licence granted under Division 2 of Part 3;

“service licensee” means a person who holds a valid service licence under this Act;

“service licence fee” means a service licence fee payable under section 61;

“sewage” includes residential, industrial and commercial waste and such other matter or substance as may be prescribed;

“sewerage service” includes the removal of sewage by pipe from the exterior of any domestic, commercial, governmental, industrial or other building and the collection, transportation, treatment and disposal of such sewage;

“sewerage works” means any works for the collection, transmission, treatment and disposal of sewage or any part of such works;

“subsistence garden” means a garden, used in connection with a dwelling or group of dwellings for the subsistence of the residents of the dwelling, the produce of which is predominantly consumed by the residents;

“street” includes any highway, road, lane, footway, square, court, alley or passage, whether a thoroughfare or not;

“tariff” means the rate charged to the customer by the service licensee for a service, calculated according to the tariff scheme;

“tariff scheme” means a tariff scheme established under section 78;

“tariff review” means an annual tariff review, an extraordinary tariff review or a triennial tariff review;

“triennial period” means the period of 3 years between each triennial tariff review;

“triennial tariff review” means a triennial tariff review under section 81;

“universal service” means the provision of a water supply service directly to a dwelling; (Substituted by Act 3 of 2016)

“waste” includes any solid, liquid or gaseous material including but not limited to logs, bottles, tins, sawdust, derelict vehicles, cartons, plastic, paper, glass, food, animal remains, garbage, refuse, debris, gravel stone, sand dirt or sewage or other material which may cause pollution;

“waste control area” means an area declared to be a waste control area under section 24;

“water” includes—

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   (a)     water flowing or situated upon the surface of any land;

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   (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;

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   (c)     estuarine or coastal water;

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   (d)     groundwater

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   (e)     rainwater; and

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   (f)     water contained by waterworks acquired, constructed, improved or operated by person providing a water supply service; (Substituted by Act 3 of 2016)

“water control area” means an area declared to be a water control area under section 23;

“watercourse” includes all rivers, streams, ditches, gullies, culverts, dykes and passages through which water flows, whether on the surface or underground, except water mains and sewers;

“water harvesting” means the practice of capturing, infiltrating or utilizing rainfall from roofs or constructed catchment surfaces; (Inserted by Act 3 of 2016)

“water resource” includes—

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   (a)     any surface of any land upon which water is situated or is flowing; and

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   (b)     any watercourse;

“water supply service” includes potable water supply service and raw water supply service;

“waterworks” includes all existing reservoirs, intakes, catchments, dams, tanks, cisterns, deep wells or boreholes, tunnels, pillar beds, conduits, aqueducts, pipes, fountains, sluices, valves, hydrants, pumps and all other structures or appliances which—

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   (a)     are used or intended to be used or constructed for the supply, storage, purification, conveyance, support, measurement or regulation of water by or on behalf of a service licensee; or

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   (b)     may be used or constructed for the purposes referred to in paragraph (a) by a service licensee, and which belong to or are managed by or leased to the service licensee;

“works” includes the facilities and works of expansion, replacement and network improvement for the provision of a service.

(Amended by Act 13 of 2008)