REGISTRATION OF PRIVATE WATER SUPPLIES INTENDED FOR HUMAN CONSUMPTION REGULATIONS

REGISTRATION OF PRIVATE WATER SUPPLIES

INTENDED FOR HUMAN CONSUMPTION

SUBSIDIARY LEGISLATION 449.45

REGISTRATION OF PRIVATE WATER SUPPLIES

INTENDED FOR HUMAN CONSUMPTION

REGULATIONS

9th July, 2004

LEGAL NOTICE 357 of 2004.

The title of these regulations is the Registration of Private

Water Supplies Intended for Human Consumption Regulations.

In these regulations unless the context otherwise requires

"the Act" means the Food Safety Act;

"distribution network" means any method by which water

intended for human consumption is transported to a domestic

distribution system;

"Health Authority" means the public officer responsible for

public health in terms of the Department of Health (Constitution)

Ordinance or any law substituting the same;

"private water supply" means any potable water which is not

distributed through a distribution network.

(1) These regulations apply to the registration of private

water supplies intended for human consumption and shall include

all water, either in its original state or after treatment, intended for

drinking, cooking, food preparation or other domestic purposes,

which is not distributed through a distribution network, and it shall

also include water produced through a private treatment plant,

including a reverse osmosis plant, and water supplied in tankers or

any other method of conveyance other than a distribution network,

used by an authorized water undertaker.

(2) The provisions of sub-regulation (1) shall include private

water which is -

(a) supplied to premises for commercial food production,

which include the manufacturing, processing,

preserving, preparing or marketing of food or drink for

sale;

(b) supplied to hotels and restaurants preparing food or

drink for consumption on the premises;

(c) supplied to hospitals, other residential institutions and

staff canteens;

(d) supplied to camping sites, holiday villages, properties

used for holiday lettings and other similar

establishments which have changing populations;

(e) to be used for washing produce after it is harvested,

where the quality of the water affects the fitness for

human consumption of the food or drink produced;

(f)

supplied as a multi-purpose supply to serve both

REGISTRATION OF PRIVATE WATER SUPPLIES

INTENDED FOR HUMAN CONSUMPTION

domestic properties and food production undertakings

and premises with changing populations; and

(g) bottled water.

(3) The provisions of sub-regulations (1) and (2) shall not

apply to supplies of private water serving single dwellings for

purely domestic purposes, whether the supply is owned by the user,

or drawn from a source, or supplied by a private water supplier. In

such a case the owners shall be responsible to verify the quality of

the water and of its use.

(1) No person may supply, distribute or , in any way, make

use of water from a private supply unless such supply is registered

with the Health Authority.

(2) The registration of a private water supply under this

regulation shall not exempt the owner from any obligation to apply

for and acquire the necessary licences or permits that may be

required by any competent authority.

(1) Registration shall be carried out in writing on the

prescribed form acquired from the Health Authority, duly filled and

forwarded to the designated office.

(2) Particulars given on the registration form shall not be

misleading, inaccurate or incomplete.

(3) A separate registration form is to be filled for each source

of private water supply.

(4) The Health Authority shall request a private water supplier

to provide water quality analysis results prior to the registration of

any source, as to confirm the wholesomeness of that water source.

(5) The Health Authority shall refuse to register any water

source unless all the relevant provisions of these regulations and of

other related regulations are complied with.

(6) The Health Authority may at any time remove from the

register any water source if the relevant provisions of these

regulations and of other related regulations are not complied with.

(7) Any person who fails to register any water source with the

Health Authority or fails to comply with the requirements of these

regulations and of other related regulations, shall be guilty of an

offence under the Act.

The Health Authority shall keep a register of all private

water supplies which have been registered.

Where there is a change of the private water supplier, the

new private water supplier shall, within twenty-eight days after the

d at e o f chan ge, su pp ly the Health Auth or ity with the sam e

particulars as are required under regulation 5

Provided that when a private water supply is no longer

intended to be used as such, the private water supplier shall inform

in writing the Health Authority within twenty eight days of this

cessation

REGISTRATION OF PRIVATE WATER SUPPLIES

INTENDED FOR HUMAN CONSUMPTION

Provided further that cessation due to maintenance works

need not be notified to the Health Authority.

Any person who contravenes the provisions of regulations

4, 5 and 7 shall be guilty of an offence against the Act.