HEALTH (MISCELLANEOUS PROVISIONS) ACT 1911 - SECT 78

HEALTH (MISCELLANEOUS PROVISIONS) ACT 1911 - SECT 78

78 .         Owner or occupier responsible for cleaning private drains

        (1)         All drains and fittings connected with any sewer shall from time to time be repaired and cleansed under the inspection or direction of the local government, at the expense of the owner or occupier of the land in respect of which the said drain shall be constructed.

        (1a)         An owner or occupier referred to in subsection (1) who, if the local government —

            (a)         does not give him a direction in respect of the repair or cleansing of a drain or fitting referred to in that subsection, repairs or cleanses that drain or fitting otherwise than under the inspection of the local government; or

            (b)         gives him a direction in respect of the repair or cleansing of a drain or fitting referred to in that subsection, does not repair or cleanse that drain or fitting in accordance with that direction,

                commits an offence.

        (2)         Subject to any agreement between the owner and occupier of any premises, the cost of repairing drains and fittings shall, as between the owner and occupier, be payable by the owner, and the cost of cleansing drains shall, as between the owner and occupier, be payable by the occupier.

        [Section 78 inserted: No. 38 of 1933 s. 35 and 42; amended: No. 113 of 1965 s. 8(1); No. 80 of 1987 s. 6; No. 14 of 1996 s. 4.]