CAYMAN ISLANDS
THE WATER AUTHORITY LAW, 1982
(LAW 18 OF 1982)
WATER AUTHORITY REGULATIONS, 1985
In exercise of the powers conferred upon the Governor in Council by Section 60 of the above Law, the following Regulations are hereby made -
PART I GENERAL
Citation.
1. These Regulations may be cited as the Water Authority Regulations, 1985.
Interpretation.
2. In these Regulations, unless the context otherwise requires:-
"Abstraction Licence", and "Ground Water Abstraction Licence" mean a licence granted in pursuance of section 13 of the Law;
"Authority" means the Water Authority of the Cayman Islands, incorporated by the Water Authority Law, 1982;
"Canals" has the meaning assigned to it in the Law;
"Caymanian Protection Board" means the Board established pursuant to the Caymanian Protection Law (Revised);
"Central Planning Authority" means the Authority established under section 3 of the Development and Planning Law (Revised);
"Certificate of occupancy" in relation to development work involving construction of sanitary facilities means a certificate issued by the Central Planning Authority in pursuance of regulation 29 of the Development and Planning Regulations, 1977;
"Chief Environmental Health Officer" means the Government official designated pursuant to the Public Health Law, 1981;
"Developed water" means water from ground water sources which has been made available by the Authority for sale at the site of development;
"Domestic effluent" means any waste water which results from the ordinary household activities, being activities carried out on any premises which are used solely for private residential purposes;
"Effective date" means the date on which these Regulations come into effect;
"General Register of Ground Water Abstraction Licence" means the register provided in regulation 12 of these Regulations;
"General Register of Operators" means the register provided in regulation 32 of these Regulations;
"Ground water" has the meaning assigned to it in the Law;
"Ground water len" has the meaning assigned to it in the Law;
"Law" means the Water Authority Law, 1982;
"Licence of right" means a licence to abstract ground water granted in pursuance of section 10 of the Law;
"Licensed plumber" means a person who has been licensed to carry out plumbing work in pursuance of these Regulations;
"Planning permission" means a permission to develop land granted in accordance with section 10 of the Development and Planning Law (Revised);
"Plumbing work" means any work concerning the placement, replacement, construction or modification of sanitary facilities, or part thereof, to the exclusion of works involving the provisions of any electrical part or component;
"Public sewerage system" has the meaning assigned to it in the Law;
"Register of Canal Construction Permits" means the register provided in regulation 19 of these Regulations;
"Register of Quarry Permits" means the register provided in regulation 19 of these Regulations;
"Register of Waste Discharge Permits" means the register provided in regulation 19 of these Regulations;
"Rroughing-in inspection" in relation to plumbing work means an inspection carried out by the Authority or its agent at the time of construction when all the pipes, fittings and fixtures that would normally be covered up are fixed but still exposed and ready for testing or inspection;
"Roughing-in stage" in relation to plumbing work means the stage of construction when the relevant works are ready for the roughing- in inspection;
"Sanitary facilities " means all pipes, fixtures, fittings, treatment facilities, disposal facilities, wells, water containers and any other equipment or material used in connection with, and for the purposes of, the provisions of water supply and sewage treatment and disposal;
"Sewage effluent" has the meaning assigned to the word sewage in the Law;
"Territorial waters " has the meaning assigned to it in the Law;
"Trade effluent" has the meaning assigned to it in the Law and the expression "commercial effluent" shall be construed accordingly;
"Water operator" means well drillers, plumbers, or cesspool emptiers, as the case may be.
PART II
CONTROL OF WATER RESOURCES
A. Licence of Right
Duties of Authority in Dealing with Application
(1) On receipt of an application for a licence of right which has been filed within the prescribed deadline the Authority shall send to the applicant an acknowledgement in writing.
(2) Within a period ending not later than six months after the coming into effect of these Regulations, the Authority shall notify the applicant in writing of the- conditions subject to which they intend to grant a licence. In pursuance of sub-section (a) of section 11 of the Law, the Authority shall allow 14 days for the applicant to make representation in writing to the Authority, as to the rate and quantity of water which they intend to licence.
(3) If, at the end of the 14 day period provided for in sub-section 3(2), no representation has been made to the Authority, or, if a representation has been made within the fourteen day period beginning on the date of notification, the Authority shall issue a licence of right in the form set out in Schedule I to these Regulations, taking due account of any representation as it considers fit and shall notify the applicant accordingly.
(4) The expressions "prescribed deadline" in sub-section 3 (1) shall mean the 15th day of September 1983, or such later date as the Authority may determine.
Duties of Recipient of a Licence of Right.
4. The notice of a licence or rights shall indicate the fee to be paid to the Authority, which shall be as prescribed in Schedule 2 to these Regulations. The prescribed fee shall be paid no later than fourteen days from the date of notification by the Authority of the grant of the licence, and in any case prior to the collection of the licence document from the Authority's offices.
Provided that if the prescribed fee and the prescribed surcharge have not been paid after a period of three months from the date of grant of the licence, this will be rescinded and the entitlement under section 10 of the Law will be forfeited.
Duration and Renewal of Licence of Right.
5. (1) Licences of right shall be valid for a period of two years, beginning from the date of issue, and can be renewed at the discretion of the Authority upon a written request to be filed with them not later than two months prior to expiration.
Such requests shall be accompanied by the appropriate licence renewal fee prescribed in Schedule 2 to these Regulations. Failure of the licence holder to file for the renewal of his licence within this period will result in the relevant application being entertained by the Authority as though it was an application for a new abstraction licence, or, if no application has been filed prior to the expiration date of the licence, in the termination thereof. The Authority is entitled to issue licence expiration date reminder notices to licence holders.
(2) Upon receiving an application for the renewal of a licence of right, the Authority shall notify in writing the applicant that:
(a) the application is granted; or
(b) the application is granted subject to the licence being varied by:
(i) the amendment of any one or more of the terms or conditions; or
(ii) the revocation of any one or more of the terms or conditions; or
(iii) the addition of one or more terms or conditions; or
(iv) a combination of two or more of the foregoing methods of variations; or
(c) the application is refused.
B. Ground Water Abstraction Licences
Applications.
6. (1) All applications for water abstraction licences other than licences of right shall be made to the Authority on the appropriate form issued by and obtainable from the Authority, shall include such of the appropriate particulars as are material to the application, shall be accompanied by satisfactory evidence of planning permission, if such permission is required under the Development and Planning Law (Revised), and shall comply with such other provisions of this part of the regulations as is relevant.
(2) Every such application shall be accompanied by the fee prescribed in Schedule 2 to these regulations to cover the cost of the necessary processing, and the Authority shall not entertain any application until payment of the prescribed fee has been effected.
(3) Unless, in the opinion of the Authority, special circumstances warrant otherwise, a separate application shall be filed in respect to each point of abstraction for which a licence is sought.
(4) An application for an abstraction licence shall be accompanied by appropriate evidence, to the satisfaction of the Authority, that a notice setting out the particulars of the application has been in, or substantially, in the form set out in Schedule I to these regulations, and that the said notice has been published in one local newspaper on one occasion.
Provided that:
(a) where the proposed abstraction forms part of a general development scheme notice whereof has been advertised in pursuance of regulation 7 of the Development and Planning Regulations, 1977, publication of a notice in pursuance of this sub-section shall not be required, and the applicant shall submit to the Authority with his application a copy of the advertisement made; and
(b) where more than one application is filed by one applicant in respect of abstraction points situated in one and the same area, publication of one cumulative notice in one newspaper on one occasion will satisfy the requirements of this sub-section.
Duties of Authority with Applications.
7. (1) On receipt of an application for a licence to abstract water other than a licence of right the Authority shall send to the applicant an acknowledgement in writing.
(2) The Authority may decline to consider any objection to, or representation on, an application for a water abstraction licence, if such objection or representation reaches the Authority 14 days after the relevant date. In this regulation the expression "relevant date" means the date on which notice of the application was published in a newspaper in pursuance of sub-section 6(4).
(3) The Authority shall cause to be served upon the applicant for a water abstraction licence a copy of every objection or representation received by them within the period specified in sub-section (2) of this regulation, and a copy of any other objection which they intend to take into consideration.
(4) Without prejudice to the provisions of section 15 of the Law, in dealing with an application for a water abstraction licence the Authority shall have regard to:
(a) any objections or representations in writing relating to the application;
(b) the requirements of the applicant, in so far as they appear to the Authority to be requirements; and
(c) the requirements of existing lawful uses of water abstracted from the ground water resource to which the application relates.
(5) Subject to sub-section 7(4) and to the relevant provisions of the Law, on any application to the Authority for a licence to abstract water other than a licence of right, that Authority:
(a) may grant a licence containing such provisions as they consider appropriate, or
(b) if they consider it necessary or expedient to do so, refuse to grant a licence.
(6) The Authority shall notify in writing the applicant of their decision, and, where they decide to grant a licence subject to conditions or departing in a material respect from the proposals made in the application, or to refuse a licence, they shall state their reasons in writing.
(7) A licence to abstract groundwater, other than a licence or right, shall be in the form set out in Schedule I to these regulations.
(8) Upon the granting of a licence to abstract ground water other than a licence of right, the Authority shall cause an entry to be made to that effect in the General Register of Ground Water Abstraction licences.
Duration and Renewal of Licences
(8) a licence to abstract groundwater other than a licence of right, shall be valid for one year from the date of the grant, and may be renewed in accordance with the provisions of regulation 5 of these regulations.
Construction Works.
(1.) Where in pursuance of section 14 of the Law, a ground water abstraction licence is granted subject to construction, enlargement, or alteration of works, the holder of such a licence shall notify the Authority in writing of his intention to commence the said works at least seven days prior to the intended commencement date, such a date being consistent with the period assigned in the licence for the completion of the authorised works.
(2) If, after commencement of the authorised works, the licence holder anticipates that he will be unable to complete the works within the period assigned to him in the licence, or upon the expiration of the assigned period, without the authorised works having been completed as directed in the licence, the holder of the licence may apply in writing to the Authority for the grant of an extension of the assigned period, whereupon the Authority will exercise the powers conferred on them by sub-section (1) of section 14 of the Law.
(3) If the holder of such a licence is unable to complete the authorised works within such extended period as may have been granted by the authority, in pursuance of the last preceding sub-section, he may apply to the Authority for a second - and last -extension of section 14 of the Law. Failure by the holder of a licence to complete the authorised works within the period so extended my result in the termination of the licence in pursuance of sub-paragraph (a) of sub-section (1) of section 21 of the Law.