s.2Definitions and interpretation
2
Section 2Part 1 — Introduction

Definitions and interpretation

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In this Act —
“administrative determination” has the meaning assigned to that expression by section 2(1) of the Utility Regulation and Competition Act (2021 Revision);
“Authority” means the Water Authority established under section 3;
“beneficial use” means the use of water in such a quantity as is necessary for economic and efficient utilisation, for a purpose and in a manner which is consistent with the public interest;
“building” includes any structure or erection of a permanent or semi-permanent nature and any part of a building as so defined, but does not include plant or machinery comprised in a building;
“canals” means any channel works which provide sea water direct access to inland areas which would not normally be in direct contact with the sea;
“capital investment plan” means those additions to its assets that a service provider intends to make, that, when added, will form part of its rate base as approved by the Office;
“commercial use” means the sale or transport of water or the use of water on any premises used for carrying on any trade or business including hotels, restaurants, shops and offices or any other use of water for other than domestic or municipal use;
“concession” means an instrument by which the Cabinet grants a right or privilege enabling a person —
to produce or supply water, or both, under the Water (Production and Supply) Act (2018 Revision); or
to collect, convey and treat wastewater under the Wastewater Collection and Treatment Act (2019 Revision);
“concessionaire” means a person to whom a concession has been granted;
“Director” means the Director of the Authority or any person acting on the Director’s authority;
“domestic use” means the use of water for washing, drinking, flushing closets, private gardening and the other usual household purposes, on any premises which are used solely for private residential purposes;
“freshwater” means water with a total dissolved solid content of five thousand parts per million or less;
“ground water” means —
underground water; and
water in a pond where the removal of water from the pond will occasion the seepage of underground water into the pond, and includes all water made available by means of works;
“groundwater lens” means an underground source of fresh water;
“licence” means a permit or other enabling instrument issued by the Authority under this Act;
“municipal use” means the utilisation of water for supplying the water requirements of the community;
“non-potable water” means water which may or may not be potable water but can be beneficially used, and does not include process water, wastewater or trade effluent;
“Office” means the Utility Regulation and Competition Office established under section 4 of the Utility Regulation and Competition Act (2021 Revision);
“pond” means any place or excavation containing water other than sea water;
“potable water” means water which is intended for consumption by humans, that is, water which has no impurities present in amounts sufficient to cause disease or harmful physiological effects, and the bacteriological and chemical and aesthetic quality parameters of which comply with values established under section 4 of the Public Health Act (2021 Revision) or, if none have been established, standards established by the Authority;
“premises” means messuages, buildings, land, easements or hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private and whether maintained or not under statutory authority, and includes any place or structure, or any part thereof, used or intended to be used for human habitation, or for employment or any other purpose whatsoever;
“process water” means water used in an industrial process, such as water used for rinsing, cooling, chemical reactions, and gas scrubbing, and which may require specific treatment to produce the quality of water needed for the process but does not include water that will be used in the actual product manufactured;
“public wastewater system” refers to the conveyance of wastewater and trade effluents away from premises via a system owned or operated by the Authority;
“public water supply system” refers to the conveyance of water into premises via a system owned or operated by the Authority;
“service provider” means the Authority or any concessionaire that has been issued with a licence by the Office to provide water or wastewater services;
“territorial waters” means the waters of the sea within the limits of territorial jurisdiction of the Islands;
“trade effluent” means any liquid either with or without particles or matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises but does not include domestic wastewater, but includes a reference to all waste in a liquid, solid or gaseous state;
“underground water” means water stored below the surface of the ground in the natural strata thereof and not apparent on the surface on the ground;
“wastewater” means any waste substance, liquid or solid, associated with human habitation, or which contains or may be contaminated with human or animal excrement or offal, or trade effluent, or both, from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface runoff or leachate that may be present;
“wastewater system” means all works related to the collection, conveyance, treatment and disposal of wastewater;
“water” means potable water and non-potable water;
“water resources” means canals, ground water, groundwater lenses, ponds, territorial waters and underground water;
“water resources” includes —
water flowing or situated upon the surface of any land;
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;
estuarine or coastal water;
groundwater, including groundwater lens; and
any watercourse;
“well” includes any natural well, borehole, adit, tunnel, gallery or other excavation constructed or used for the abstraction of ground water or for the introduction of fluids directly into ground water; and
“works” includes wells, desalination plants, pumping installations, pipelines, reservoirs, tanks, ponds, valves, building, machinery, metering devices and other apparatus constructed for or used in connection with the abstraction or storage of ground water, the conveyance of water or wastewater, the processing of water, the treatment of wastewater, the use of ground water for any purpose or the introduction of fluids directly into ground water whether by means of a well or pipe or otherwise.
For the purpose of this Act, where land is subject to a tenancy at will, to a tenancy for a fixed period of less than one year or to a periodic tenancy from month to month or other period of less than one year, the person entitled to the reversion expectant upon the termination of any such tenancy shall be deemed to be the person entitled to the possession of the land.

Defined Terms

administrative determinationAuthoritybeneficial usebuildingcanalscapital investment plancommercial useconcessionconcessionaireDirectordomestic usefreshwaterground watergroundwater lenslicencemunicipal usenon-potable waterOfficepondpotable waterpremisesprocess waterpublic wastewater systempublic water supply systemservice providerterritorial waterstrade effluentunderground waterwastewaterwastewater systemwaterwater resourceswellworks

Cross References