Section 25, The Water Control Ordinance

(I) Proceedings in respect of offences against the provisions of this Ordinance may at the instance of any personauthorised by a Water Board be taken either before the Magistrate's Court established in the area in which the offence was committed, or before the Native Court having jurisdiction as hereinafter provided. (2) Notwithstanding anything contained in section 7 of the Native Courts Ordinance, a Native Court e.stablished under that Ordinance shall have jurisdiction within the area for which it is established to hear and determine any charge which is made by any person authorised by a Water Board and relates to any offence committed against the provisions of this Ordinance by·any person subject to its jurisdiction. Delegation 26. (I) A Water Board may, if it thinks fit, by instrument of powers to · • 0 11Irrigation in writing, delegate to an IrrigatiOn and Drainage fficer a or t~ Drainage any of the powers conferred upon a Board by paragraphs (e) cer. and (f) of section I5 (I). r Water Control [Cap. 168 (2) All orders issued by an Irrigation and Drainage Officer under powers delegated to him by a Water Board shall be reported to the delegating Water Board and be subject to disallowance by the Board, but unless disallowed, such orders shall be valid and effectual and deemed for all purposes to be the orders of such Board. (3) Where any order by an Irrigation and Drainage Officer is disallowed by a Water Board, the Board shall award reasonable compensation to any person whose property or interests appear to have suffered damage in consequence of such order. 27. {1) A Water Board may, if it thinks fit, from time to time, by instrument in writing delegate to any Tribal Authority as defined by the Tribal Authorities Ordinance, all or any of the powers conferred on a Board by section 15 {1) and section 17 as respects any water supply exclusively or chiefly used by natives: Provided that such delegated power shall only be exercisable as regards natives and the property of natives, and an order or decision of a Tribal Authority under such delegated power shall not be binding on or in any manner affect any non-native. (2) An instrument of delegation under this section may impose any limitations and conditions on the exercise of any delegated power, and may be revoked or varied at any time. (3) Every Tribal Authority in exercising any such delegated power shall obey any directions, whether general or special, which may from time to time be given to them by the delegating Board. (4) Subject to the provisions of the instrument of delegation, an order by a Tribal Authority shall be binding on any native to whom it is communicated verbally or in writing, and an order which is approved by the delegating Board and is published in such manner as is customary for the publication of notices affecting native communities shall be binding on all natives within the jurisdiction of the Tribal Authority issuing the order. (5) Every order which has not been approved by the delegating Board and every decision of a Tribal Authority under such delegated power shall be subject to appeal to the delegating Board which may on such an appeal or of its own motion without an appeal revoke or vary such order or decision. (6} Any person aggrieved by an order of the delegating Board approving, confirming, rescinding, or varying an order or decision of a Tribal Authority under this section may within Delegation of powers to native authority. Cap. 61. Board to call and examine persons. Procedure on appeals to Supreme Court. make rules. twenty-eight days of the date of the order of the delegating Board appeal to the Supreme Court. Any such appeal shall be deemed to be an appeal under section 16. (7) Any native who without reasonable excuse fails to comply with any lawful order of a Tribal Authority given under such a delegated power shall be liable to a fine not exceeding ten pounds. (8) Nothing in this section or in any instrument of delegation shall prevent any Board from itself exercising any power conferred on it by this Ordinance.