CHAPTER 336
PUBLIC HEALTH (SEWERAGE AND DRAINAGE) ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

   3.   Application of the Act.

PART II
PUBLIC SEWERS

   4.   Provision of public sewers and sewage disposal works.

   5.   Public sewers to vest in the Authority.

   6.   Duty of Authority to keep map showing public sewers.

   7.   Power of Authority to alter or close public sewers.

   8.   Certain matters not to be passed into sewers or drains.

PART III
CONNECTIONS WITH PUBLIC SEWERS

   9.   Rights of owners and occupiers within area of Authority to drain into public sewers.

   10.   Use of public sewers by owners or occupiers outside the area of an Authority.

   11.   Sewer connections in streets and through private land

   12.   Procedure in regard to making communication with public sewers.

PART IV
DRAINAGE AND LATRINES OF NEW BUILDINGS

   13.   New buildings to be provided with any necessary drains.

   14.   Latrine accommodation to be provided for new buildings.

PART V
DRAINAGE AND LATRINES OF EXISTING BUILDINGS

   15.   Provisions as to drainage of existing buildings.

   16.   Replacement of earth closets, by water closets.

   17.   Buildings having insufficient latrines or latrines so defective as to require reconstruction.

   18.   Buildings having defective latrines capable of repair.

   19.   Drainage of buildings in combination into the existing public sewer.

PART VI
GENERAL PROVISIONS

   20.   Payment of advances for defraying drainage expenses.

   21.   Provisions as to appeals against and the enforcement of, notices requiring execution of works.

   22.   Execution of works.

   23.   Certain expenses recoverable from owners or occupiers to be a charge on the premises; power to accept payment by instalment.

   24.   Powers to make a charge in respect of establishment expenses.

   25.   Recovery of expenses.

   26.   Powers of entry and closing of streets.

   27.   Protection of Authority and its officers from personal liability.

   28.   Liability of director, secretary or manager of company.

   29.   Proceedings against several persons.

   30.   Prosecutions.

   31.   Power of Authority outside its area.

   32.   Service of notices.

PART VII
RULES

   33.   Rules.

   34.   Rules made under this Act to prevail.

CHAPTER 336
THE PUBLIC HEALTH (SEWERAGE AND DRAINAGE) ACT

An Act to make better provision for the preservation of public health by means of sewerage, drainage and sanitation.

[1st August, 1955]

Ord. No. 44 of 1953
[R.L. Cap. 336]

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Public Health (Sewerage and Drainage) Act.

2.   Interpretation

   (1) In this Act, unless the content otherwise requires–

   "Authority" means, in the case of a municipality to which the provisions of this Act have been applied, the municipal council, and, in the case of a township to which the provisions of this Act have been applied, the town council or township authority, as the case may be, and, in the case of an area, other than a municipality or township, to which the provisions of this Act have been applied, such officer or authority as the Minister may by notice in the Gazette declare to be the Authority for the purposes of this Act;

   "cesspool" means a tank or receptacle for the reception of soil water or waste water or both for which no outlet is provided;

   "Chief Inspector" means the Chief Inspector of Factories appointed under the Factories Act *;

   "drain" means any pipe, duct or channel, whether open or closed together with its appurtenances used or intended to be used for the drainage of buildings within the same curtilage and under the same ownership and made merely for the purpose of communicating therefrom with a sewer or with a cesspool or other like receptacle for drainage and includes any pipe, duct or channel, whether open or closed, used or intended to be used for the drainage of land;

   "earth closet" means a closet in which faecal matter is deposited, or may be deposited, into a movable receptacle;

   "factory" has the meaning assigned to it in the Factories Act;

   "foul water" means soil water and waste water;

   "lateral drain" means that portion, including the intercepting trap, if any, and sewer connection, of a system of drains or sewers which–

   (a)   in the case of a sewer for foul matter lies between the intercepting chamber and the sewer; or

   (b)   in the case of a sewer for storm water lies between the last inspection chambers and the sewer, or, if there be no inspection chamber, between the curtilage of the premises and the sewer;

   "latrine" includes privy, urinal, earth closet and water closet;

   "prejudicial to health" means injurious or likely to cause injury to health;

   "private sewer" means a sewer which is not a public sewer;

   "privy" means a closet for the reception of faecal matter into a non-movable receptacle and includes pit latrine and bore-hole latrine;

   "public sewer" means any sewer vested in or constructed by or on behalf of or under the control of the Authority;

   "septic tank" means a tank or receptacle for the reception of soil water or waste water or both for the effluent from which an outlet is provided;

   "sewer" does not include a drain as defined in this Act but, save as aforesaid, includes all sewers, drains, pipes, ducts, or channels, whether open or closed, used for the drainage of buildings or land;

   "soil water" means any discharge from water closets or urinals and all water containing excremental liquid or substance;

   "storm water" includes surface or rain water;

   "waste water" means liquid waste of a non-excremental nature but does not include storm water;

   "water closet" means latrine accommodation used, adapted or intended to be used in connection with a water carriage system and comprising provision for the flushing of the receptacle by means of water;

   "workplace" does not include a factory or workshop but save as aforesaid includes any place in which persons are employed otherwise than in domestic service;

   "workshop" means any building or part of a building or any premises in which manual labour is exercised for the purposes of trade.

   (2) Any reference in this Act to a drain, sewer, or other sewage disposal works shall be construed as including a reference to any manholes, ventilating shafts, pumping stations or other accessories belonging to that drain, sewer, or other sewage disposal works.

   (3) For the purposes of this Act, a building or proposed building shall not be deemed to have a public sewer available unless–

   (a)   there is or there is in course of construction within one hundred feet of the curtilage of the building or proposed building, and at a level which makes it reasonably practicable to construct a drain to communicate therewith, a public sewer or other sewer which the owner of the building or proposed building is, or will be, entitled to use; and

   (b)   the intervening land is land through which he is entitled to construct a drain:

   Provided that, for the purpose of this definition, the limit of one hundred feet shall not apply if the Authority undertakes to bear so much of the expenses reasonably incurred in constructing a drain to communicate with a public sewer as may be attributable to the fact that the distance of the public sewer exceeds one hundred feet as aforesaid.

3.   Application of the Act

   The provisions of this Act shall apply to such municipalities or townships or other areas as the Minister may by notice in the Gazette from time to time declare.

PART II
PUBLIC SEWERS (ss 4-8)

4.   Provision of public sewers and sewage disposal works

   (1) An Authority may within its area and also, subject to the prior approval of the Minister, outside its area–

   (a)   construct and maintain a public sewer–

      (i)   in, on, under, or over any street, or under or through any cellar or vault below any street; and

      (ii)   in, on, under, or over any land, or in, on or under any building not forming part of a street, after giving reasonable notice to every owner or occupier of such land or building; and

   (b)   construct and maintain sewage disposal works on any public land or land acquired or lawfully appropriated for the purpose.

   (2) In the exercise of its powers under subparagraph (ii) of paragraph (a) of subsection (1), the Authority shall not be liable to pay any compensation to an owner or occupier of any private land but shall make good, or, at its option, shall pay for any damage done or occasioned by reason of the exercise of the said powers.

5.   Public sewers to vest in the Authority

   Notwithstanding the provision of any other law, all public sewers within the area of an Authority and all public sewers outside the area of an Authority which such Authority has constructed or is maintaining under the provisions of section 4, shall vest in such Authority.

6.   Duty of Authority to keep map showing public sewers

   (1) Every Authority shall keep deposited at its offices for inspection by any person at all reasonable hours, free of charge, a map showing and distinguishing all public sewers and other public sewage disposal works existing or in the course of construction within its area or under its control.

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