§ 115 — Offence of supplying unwholesome drinking water

115.—(1) A drinking water producer providing a drinking water service commits an offence if any drinking water supplied in the course of providing that service is unwholesome.(2) In proceedings for an offence under subsection (1) —(a)

it is not necessary for the prosecution to prove that a person charged knew or had reason to believe that the drinking water is unwholesome; but

(b)

it is a defence to the charge for the person charged to prove, on a balance of probabilities, that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by the person charged and by any person under the control of the person charged.

(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

(4) For the purposes of this Part, drinking water is unwholesome unless the water —(a)

conforms to the prescribed requirements in any Part 6 Regulations concerning the quality, purity and general appearance of drinking water; and

(b)

does not, based on any prescribed methodology or assessment in any Part 6 Regulations, contain any contaminant, substance or organism, either alone or in any combination, at a concentration or value that constitutes a potential danger to human health.

(5) In subsection (4), “general appearance”, in relation to drinking water, includes the colour and clarity of the water.

—(1) A drinking water producer providing a drinking water service commits an offence if any drinking water supplied in the course of providing that service is unwholesome.

(2) In proceedings for an offence under subsection (1) —(a)

it is not necessary for the prosecution to prove that a person charged knew or had reason to believe that the drinking water is unwholesome; but

(b)

it is a defence to the charge for the person charged to prove, on a balance of probabilities, that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by the person charged and by any person under the control of the person charged.

(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

(4) For the purposes of this Part, drinking water is unwholesome unless the water —(a)

conforms to the prescribed requirements in any Part 6 Regulations concerning the quality, purity and general appearance of drinking water; and

(b)

does not, based on any prescribed methodology or assessment in any Part 6 Regulations, contain any contaminant, substance or organism, either alone or in any combination, at a concentration or value that constitutes a potential danger to human health.

(5) In subsection (4), “general appearance”, in relation to drinking water, includes the colour and clarity of the water.