A BILL то Impose, in the interests of safety, precautions to A.D. 1928. be observed in the construction, alteration, and use of reservoirs, and to amend the law with respect to liability for damage and injury caused by the escape of water from reservoirs. BE E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows: 1. (1) After the commencement of this Act a large Precautions reservoir shall not be constructed unless a qualified to be obcivil engineer is employed to design and supervise the served in construction thereof, and an engineer so employed is the con10 hereinafter referred to as a constructing engineer. struction of large reser (2) As soon as the constructing engineer considers voirs. that the construction has reached a stage at which the reservoir can properly be filled wholly or partially with water, he shall give a certificate (hereinafter referred to 15 as the preliminary certificate) specifying the level up to which the reservoir may be filled and the conditions (if any) subject to which it may be so filled. Any such preliminary certificate may from time to time be varied by the constructing engineer either by 20 specifying a higher or lower level or by imposing conditions subject to which the reservoir may be filled or altering any conditions already imposed, A.D. 1928. (3) If, after the issue of a preliminary certificate, the constructing engineer is satisfied that the reservoir is sound and satisfactory and may safely be used for the storage of water, he shall give a certificate (hereinafter referred to as the final certificate) to that effect, 5 and the final certificate shall specify the level up to which water may be stored and the conditions (if any) subject to which it may be so stored: Provided that the constructing engineer shall not issue a final certificate specifying as the level up to 10 which water may be stored a level lower than the top water level unless either the undertakers consent or more than three years have elapsed since the issue of the preliminary certificate. (4) No such reservoir shall be filled with water 15 either wholly or partially or used for the storage of water (a) before the issue of a preliminary certificate; (c) after the issue of the final certificate otherwise 25 (5) The constructing engineer shall also at the time when he gives the final certificate or at such earlier date after the completion of the works as may be practicable furnish detailed drawings and descriptions of the works actually constructed and shall certify that the works 30 have been efficiently executed in accordance with those drawings and descriptions. The drawings and descriptions shall be annexed to and shall be deemed to form part of the certificate so given, and shall contain full information regarding the 35 works actually constructed, including dimensions and levels and details of the geological strata or deposits encountered in trial holes or or excavations made in connection with the works. (6) Every certificate given under this section shall 40 be in the prescribed form and shall be delivered to and kept by the undertakers. 5 66 (7) For the purposes of this section the expression A.D. 1928. 'top water level" in relation to any reservoir means the highest level up to which the reservoir was designed to be used for the storage of water. (8) Where at the commencement of this Act a large reservoir is in the course of construction, the provisions of this section other than those requiring the appointment of a qualified engineer shall so far as applicable apply to the reservoir, but the certificates required thereunder 10 may be given by the engineer responsible for supervising the construction of the reservoir notwithstanding that he is not a qualified engineer within the meaning of this Act. reservoirs. 2.-(1) It shall be the duty of the undertakers to Periodical 15 cause any large reservoir, whether constructed before inspection or after the commencement of this Act, in which water of large is stored, to be inspected periodically by an independent qualified civil engineer (hereinafter referred to as an inspecting engineer), who shall report as soon as practicable in the prescribed form to the undertakers the result of his inspection. 25 30 (2) The first inspection shall be made (a) in the case of a reservoir constructed before Provided that if in the case of a reservoir in course 35 of construction at the commencement of this Act the engineer responsible for supervising the construction of the reservoir becomes a qualified engineer within the meaning of this Act, this subsection shall apply as if the reservoir had been constructed after the commencement 40 of this Act. (3) Subsequent inspections shall be made at intervals. of not more than ten years: A.D. 1928. Provided that if on the occasion of any inspection, the inspecting engineer reports that the next inspection should be made within a period of less than ten years, the interval in such case shall not exceed the period stated in the report. 5 (4) Where any alterations to a large reservoir are carried out, being alterations which do not increase the capacity of the reservoir but are such as might affect the safety of the reservoir, then, unless a qualified civil engineer is employed to design or supervise the carrying 10 out of the alterations, it shall be the duty of the undertakers to cause the reservoir to be inspected by an inspecting engineer as soon as practicable after the alterations have been completed. (5) On the appointment of an inspecting engineer, 15 the undertakers shall publish in such manner as may be prescribed notice of the fact and of the name of the engineer appointed, and shall afford the engineer so appointed all reasonable facilities for an effective inspection and shall furnish him with copies of the certi- 20 ficates (if any) delivered to them under this Act, and such further information and particulars relating to the reservoir as he may require, including, in the case of an inspection subsequent to the first inspection, copies of all reports made on every previous inspection under 25 this Act. (6) Every report made under this section shall be sent to the undertakers and kept by them, and where the report states that any measures are necessary in the interests of safety, the undertakers shall as soon as 30 practicable carry such measures into effect under the supervision of a qualified civil engineer. (7) If the undertakers feel aggrieved by any requirement of the inspecting engineer as to the time within which the next inspection is to be made, or as to the 35 measures to be taken in the interests of safety, they may within one month from the date of the publication as required by this Act of notice that the report has been made, apply to the Railway and Canal Commission, and on such an application the Commission 40 shall have power to make an order modifying such requirements to such extent and subject to such conditions as they may think proper: |