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Copyright 2000: Queen’s Printer,
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Revised Statutes of Newfoundland 1990


CHAPTER W-5

AN ACT TO SECURE THE PURITY OF WATER

Analysis

1. Short title

2. Definition

3. Powers of minister

4. Inspection

5. Correction of harmful conditions

6. Regulations

7. Public drinking supplies

8. Damaging water supply of another

9. Penalties


Short title

1. This Act may be cited as the Waters Protection Act.

RSN1970 c394 s1

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Definition

2. In this Act, "minister" means the Minister of Environment and Lands.

RSN1990 cW-5 s2

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Powers of minister

3. The minister shall have the general oversight and care of all inland waters, whether standing, running or below ground, for the purpose of keeping them, where possible, fit for drinking and domestic purposes and free from a condition which is or might be injurious to the public health.

RSN1970 c394 s2; 1973 No48 s16;
1975-76 No58 s4; 1981 c10 Sch B; 1988 c43 Sch B

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Inspection

4. The minister may, by his or her officers, approach and examine waters, whether on public or on private property, and may examine the lands forming the watershed or environment of waters, and may examine buildings on the watershed or environment and the sanitary arrangements or equipment there, and may take samples of water or liquids for analysis.

RSN1970 c394 s3

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Correction of harmful conditions

5. Where a thing or condition or practice is found in or upon the watershed or environment of waters which are or may reasonably be expected to be used for drinking or domestic purposes, or for bathing or swimming or as ornamental waters, and it appears likely that the thing or condition or practice does or may lead to the contamination, infection or fouling of those waters, the minister may by written order require the authority or person having control in the circumstances to remove or destroy the thing or to amend or prevent the condition or to stop the practice.

RSN1970 c394 s4

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Regulations

6. (1) The minister may, with the approval of the Lieutenant-Governor in Council, make regulations for the prevention of the contamination, infection or fouling of waters.

(2) The Lieutenant-Governor in Council may in the regulations provide penalties for breach of them by way of fine not exceeding $50 or, in default of payment, imprisonment for 7 days for a 1st offence or $500 or in default of payment, imprisonment for a period not exceeding 3 months for a subsequent offence.

RSN1970 c394 s5

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Public drinking supplies

7. (1) A person shall not,

(a) build a house;

(b) establish a farm or a farm building;

(c) establish a cemetery or burying ground; or

(d) lay a sewer or sewage disposal arrangement,

upon the watershed of a river or body of water from which a public supply of water for drinking and domestic purposes is drawn without the prior permission of the minister.

(2) Permission under subsection (1) may be refused or given subject to conditions, and a person who does the things mentioned in subsection (1) without permission, or who, having received permission upon conditions, commits a breach of those conditions is guilty of an offence.

RSN1970 c394 s6

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Damaging water supply of another

8. A person who wilfully or negligently puts or allows to pass into a well, spring or other source of water supply used by a person a substance or thing by which the well, spring or other source of water supply is damaged or the water supply is made less

(a) wholesome; or

(b) fit for domestic use

is guilty of an offence.

RSN1970 c394 s7

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Penalties

9. A person who

(a) wilfully disobeys a reasonable order of the minister made under this Act; or

(b) commits an offence specified in this Act,

is liable to a penalty not exceeding $50, or in default of payment, 7 days imprisonment for a 1st offence, and to a penalty not exceeding $500, or in default of payment, to imprisonment for a period not exceeding 3 months for a 2nd or a subsequent offence; and in the case of a continuing condition or practice, each week of continuance shall be considered a separate offence.

RSN1970 c394 s8

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