Bathurst Gas Act of 1872 No bga (NSW)

A N N O T R I C E S I M O SEXTO

V I C T O R I A E REGINAE.

An Act to enable John Newlands Wark to construct Gas Works within the City and Suburbs of Bathurst. [26th July, 1872.]

l ighted wi th gas A n d whereas J o h n Newlands W a r k hereinafter WH E R E A S in t h e Colony of N e w South Wales should be supplied and

it is expedient t h a t the ci ty and suburbs of Ba thur s t

himself or by his servants contrac tors agents workmen and others from t ime to t ime to m a k e erect sink lay place fit ma in t a in and repair such re tor ts gasometers mete rs receivers cisterns engines machines cuts drains sewers watercourses pipes reservoirs bui ld ings and other works

designated t he promoter desires to establish and carry out works for such purposes and other purposes incidental there to in t he said city and suburbs A n d whereas the Munic ipa l Council of t he said city have a t t h e request of the said J o h n Newlands W a r k and in considerat ion of t h e benefits to arise from the es tabl ishment and car ry ing out of such works consented to t h e r e s t i ng in t he said J o h n Newlands W a r k of all necessary powers and authori t ies so far as t he r ights and interests of t he said Munic ipa l Council a re concerned Be it therefore enacted by t he Queen ' s Mos t Exce l len t Majesty by and wi th t h e advice and consent of t he Legislat ive Council and Legislative Assembly of N e w South W a l e s in Pa r l i amen t assembled and by the au thor i ty of the same as follows :—

1. The promoter is hereby fully authorized and empowered

works and devices of such construct ion and in such m a n n e r as t he pro­ mote r shall t h i n k necessary or proper for t he purpose of car ry ing out t he operat ions of t h e p romote r in respect of and inc identa l to t h e m a k i n g and supplying of gas in conformity wi th th i s A c t and also for all such purposes to open and b reak u p t h e soil and pavemen t of the several s treets and bridges wi th in t he l imits of t h e city and suburbs aforesaid and to open a n d break u p any sewers drains or tunne l s wi th in or unde r such s t reets and bridges and to erect posts pil lars lamps lamp- irons and other appara tus in or upon t h e same streets a n d bridges or agains t any wall or walls erected on or adjoining to any of t h e m and to dig and sink t renches and drains and to lay mains and pipes a n d p u t stop-cocks siphons p lugs or b ranches from such ma ins or pipes in u n d e r across or a long such streets and bridges and also wi th such consent as hereinafter men t ioned to do t h e l ike in unde r across or a long any pr iva te roads ways lanes passages bui ld ings and places and from t i m e to t ime to cu t s top remove al ter repair replace and relay such main-pipes stop-cocks siphons p lugs branches or o ther appa ra tus Provided always t h a t no th ing in this section conta ined shall be deemed to author ize t h e p romote r his servants contractors agents or w o r k m e n to enter into or u p o n any pr iva te lands bui ld ings or places for any of t h e purposes aforesaid or thereon to carry ou t any of t he operat ions of t h e promoter wi thou t t he previous consent in wr i t ing of t h e occupiers thereof except t h a t t h e promoter m a y a t any reasonable t ime by himself his servants agents or workmen en te r upon any l and or place wherein any pipe h a t h a l ready been lawfully laid down or placed in pur suance of th i s Ac t a n d repair or a l ter t he exis t ing pipe or lay or place any new pipe in t h e stead thereof.

2. I t shall be lawful for t h e p romote r to contract wi th any person (whether incorporate or individual) for supplying wi th gas any such person or any s t reet way lane passage manufac tory shop warehouse publ ic or pr ivate house bui ld ing or place and for such purpose from t ime to t i m e to lay down carry fit u p connect and furnish any pipe b ranch or bu rne r l amp mete r or other appara tus from or in connect ion wi th any ma in pipe or to lay down any new m a i n w h i c h for such purposes may be requ i red and to let any such appa ra tus for h i re for such sum as may be agreed upon which sum may be recovered in l ike m a n n e r as any ren t or r emunera t ion for t he supply of gas Provided always t h a t in all cases where damage m a y be done b y t h e p romoter his agents workmen or others in the course of laying on or removing appara tus t he said damage shall be m a d e good at the expense of t he p romoter and in case he shall delay wi th in a reasonable t ime

to m a k e good such damage t h e owner or occupier of such premises

may m a k e good t h e same and recover t he expense thereof from the

said promoter in t he same m a n n e r as is herein provided for t h e recovery of any sum of money payable unde r t he provisions of this A c t P ro ­ vided also t h a t if any owner or occupier of any bui ld ing t enemen t or place or any person ac t ing for h im shall refuse reasonable access in pu r suance of t h e provisions of th is section or t h e fifth section of th is Ac t to t h e contractors agents w o r k m e n or servants of t he promoter for t he purpose of removing any such pipe burner mete r or appa ra tus placed or in t roduced in to any such bui ld ing t enemen t or place by t h e promoter or shall p revent or obs t ruct such removal then the said owner occupier or person ac t ing for h im shall immediate ly m a k e p a y m e n t to t h e promoter for such pipe bu rne r me te r or appara tus and in default of his so doing wi th in th ree days after demand thereof made a t t he same bui ld ing t enemen t or place or t he residence of t he pa r ty i t shal l be lawful for t he promoter to m a k e compla in t thereof before any Jus t i ce of t he Peace who may cause to be issued a summons to t he person so m a k i n g default cal l ing on h im to show cause before t he

Cour t

Court of P e t t y Sessions of t h e Police Distr ic t where t h e bui ld ing t e n e m e n t or place is s i tuated why he refuses to pay such demand and the reupon t h e said Cour t shall proceed to the adjudication and enforce­ m e n t of such demand in t h e m a n n e r hereinafter set forth A n d if any person shall place or lay any pipe to communica te wi th any main-pipe me te r or other appara tus already laid placed or erected by t h e said p romoter or shall use addit ional burners or burners of larger dimensions or of other k ind or description t h a n tha t he has contracted wi th the promoter to use or shall keep the gas supplied by t h e promoter b u r n i n g for a longer t ime t h a n he has contracted wi th t he promoter to pay for or shall supply any person wi th any of the gas supplied to h im by the p romoter w i thou t his consent in wr i t ing first obtained or if any person shall wantonly or maliciously hinder or i n t e r rup t t he cont rac tors w o r k m e n agents or servants of the p romoter in legally doing or per­ forming any of t he acts aforesaid or in exercising the powers and author i t ies by this A c t given or if any person shall wilfully negl igent ly or accidental ly do or cause to be done any injury or damage to any of t h e bui ldings mach ine ry pipes burne r s lamps meters or appara tus of t he p romote r or remove the same or cause a waste or improper use of gas supplied by the p romoter i t shall be lawful for the promoter to m a k e a complaint thereof before any Jus t i ce of t h e Peace who may cause to be issued a summons to t he person so offending to appear before t he Cour t of P e t t y Sessions of t he Police Distr ict whe re such offence shall be commit ted and be ing thereof lawfully convicted such person shall forfeit and pay to t h e promoter any sum not exceeding five pounds over and above all damages done and over and above all costs such sum to be ascer tained by such Court and to be enforced by distress and all proceedings under th is Ac t no t herein expressly pro­ vided for shall be regula ted and conducted in accordance wi th t he powers of the law in force for the t ime-being respect ing summary proceedings before Jus t i ces of t he Peace and all such provisions shall so far as t he same a re applicable be enforced and observed in all proceedings under th i s Act not herein expressly provided for.

3. N o pipe b u r n e r l a m p me te r or other appa ra tus of t h e

p romoter be ing set u p in any bui ld ing t e n e m e n t or place shall be subject to distress for r e n t or shall be t aken in execut ion unde r any process or proceeding of any Court of L a w or E q u i t y or u n d e r any proceedings in bankrup tcy or insolvency save so far as any process or proceedings against t h e p romote r are concerned.

4. W h e n and so often as t he promoter his servants contractors

agents or w o r k m e n shall have opened b roken up or removed the soil

or pavement of any street or br idge as aforesaid or shall have opened

or broken u p any sewers drains or t unne l s wi th in or unde r any such

streets or br idges t h e p romoter shall m a k e all reasonable despatch in performance of t he work to be done and shall on complet ion of such work for thwi th carry away all rubbish and waste or surplus ma te r i a l and re ins ta te such pavemen t stone or o ther ma te r i a l and render such s t reet or br idge and every such sewer dra in and t u n n e l wi th in or unde r t h e same as near ly as possible in t h e same condit ion as i t was in previously to t h e d is turbance thereof and du r ing t h e con t inuance of such work and un t i l such re ins ta tement t h e promoter shall set u p sufficient barr iers and keep l ights b u r n i n g at n igh t in order to prevent accidents A n d also when and so often as any gas p i tch waste t a r waste l iquid or other th ings shall escape or flow from any pipe receivers or dra in be ing p a r t of or inc identa l to t he works to be erected unde r th is A c t so as to con tamina te t h e air or any s t ream spr ing or other watercourse or body of water n a t u r a l or artificial and render t he same u n h e a l t h y or offensive or unfit for use if shall be lawful for any person to give notice thereof in wr i t ing to t he promoter who shall immedia te ly

t ake

t ake t he most speedy a n d effectual measures to p reven t or remedy the same and if t he promoter shall m a k e default in any of t h e ma t t e r s so requi red by h i m to be performed i t shall be lawful for a n y person to lodge compla in t thereof before any Jus t i ce of t h e Peace who m a y s u m m o n t h e p romoter before t h e neares t Court of P e t t y Sessions and on proof of such default t he said Cour t of P e t t y Sessions shall order and direct t h a t t h e said m a t t e r s shall be done by t h e p romoter wi th in a reasonable t ime to be named by such Court and in default of com­ pl iance wi th such order any J u s t i c e of t h e Peace on proof of such default on t h e pa r t of t he promoter and on proof t h a t t he compla inan t or any o ther person has performed the said work so to be done and of t h e costs charges and expenses a t t end ing t h e same shall issue a distress w a r r a n t against t he goods and chat te ls of t h e p romote r for any a m o u n t not exceeding the said charges and expenses and t h e cost of prosecut ing such complaint to be paid to t h e person perform­ ing t h e said work as aforesaid.

5. I t shall be lawful for t he promoter to cut off and t ake away

t h e supply of gas from t h e bui ld ing t enemen t or o ther place of every

person or body m a k i n g default in p a y m e n t after giving twenty-four

hours not ice to t h e occupier and thencefor th to discont inue t h e supply of gas cont rac ted for wi th t h e promoter by such person or body a n d to en te r by himself his agents or w o r k m e n in to such bui ld ing t e n e m e n t or place be tween t h e hours of n ine in t h e forenoon and four in t h e afternoon and remove a n d carry away any pipe burne r s l amp m e t e r or o ther appara tus t he proper ty of the p romoter a n d the p romote r shall have t he l ike powers w i th regard to c u t t i n g off t ak ing away and discont inuing the supply of gas in t h e case of t he bu i ld ing t enemen t or place of any person who shall have been lawfully convicted as hereinbefore provided of any f raudulent injury to any me te r or appa ra tus on such premises or f raudulent use of t he gas of t h e p romote r A n d in case any person or body w ho shall con t rac t w i th t h e p romote r or agree to t ake or shall t ake or use t he gas of t h e p romote r in any bui ld ing t e n e m e n t or place or otherwise shall refuse or neg lec t to pay t h e sum or sums of money t h e n due unde r his or the i r con t rac t for t he same to t he p romoter according to the te rms and s t ipula t ions thereof it shall be lawful for t he p romote r to m a k e complaint of such refusal or neglect before any Jus t i ce of t h e Peace who m a y cause to be issued a summons to t h e par ty so refusing or neglec t ing call ing on h i m or t h e m to show cause before t h e Cour t of P e t t y Sessions in t he police district in which such bui ld ing t e n e m e n t or place is s i tuated or such user took place why he or t hey refuses or refuse to pay such s u m

or sums and t h e r e u p o n the said Cour t shall proceed to the adjudicat ion

of t h e said compla in t and enforcement of t he said demand and costs charges and expenses incurred in t he prosecut ion thereof by distress and sale of the goods and chat te ls of the person or body so refusing or

neg lec t ing to pay.

6. The clerk engineer or other officer duly appoin ted for such purpose by t h e p romote r m a y a t all reasonable t imes en te r a n y build­ ing t enemen t or place l ighted wi th gas supplied by the promoter in order to inspect t he pipes burners lamps mete rs or o ther appara tus of or connected wi th t h e works of the p romoter to regula te t he supply of gas or to ascer tain t h e quan t i t y of gas consumed or supplied and if any person shall h inder any such officer as aforesaid from so en te r ing or m a k i n g such inspection as aforesaid at any reasonable t i m e such person shall for every such offence forfeit and pay to t h e p romoter a s u m of money no t exceeding five pounds to be awarded and recovered

by the p romoter in l ike m a n n e r as t h e penalt ies aforesaid.

7. A n y person may appeal from the j u d g m e n t or convict ion of

any Cour t of P e t t y Sessions under this A c t in t he form and m a n n e r

set

set forth in t h e Act of Council	fifth	Wi l l i am	the F o u r t h	n u m b e r
twenty- two .

8. N o t h i n g in th i s A c t conta ined shall be construed to p reven t

any person from indic t ing or otherwise proceeding ei ther civilly or c r iminal ly agains t t he p romote r for nuisance or otherwise in respect of t he works or means used or employed by the promoter in exercising t he privileges hereby on h im conferred or to p reven t t h e p romote r or any person from recover ing any s u m of money or otherwise proceeding in any Cour t of competent jur isdict ion b u t the p romoter or any person to w h o m any pena l ty or s u m of money m a y by the provisions of th is Ac t be awarded m a y elect e i ther to proceed in m a n n e r in th is A c t provided or to proceed for and recover damages or otherwise in any Court of competent jur isdict ion nor shall any th ing here in conta ined l imi t restr ict or in any m a n n e r affect t he r igh t of any munic ipa l i ty or of any other person or company hereafter empowered by the Legis la ture to supply gas to t h e said city of B a t h u r s t or suburbs or o ther place or to exercise any power which it m a y be deemed expedient or necessary

to g ran t for t h a t	purpose.
9. The following words and expressions in th i s A c t shall have t h e mean ing he reby assigned to t h e m unless there be something	ci ther

in t h e subject or con tex t r e p u g n a n t to such cons t ruc t ion The word

" p romote r " shall m e a n the said J o h n Newlands W a r k his represent­

atives or assigns owners for t he t ime be ing of t h e B a t h u r s t Gas W o r k s

The expression " B a t h u r s t Gas W o r k s " shall m e a n t h e gas-works and the works connected t he rewi th by th is Act author ized to be constructed The word " s t ree t" shall include any square cour t or alley h ighway lane road thoroughfare or other passage or place wi th in t h e l imits of th i s A c t The expression " city a n d suburbs of B a t h u r s t " shall comprise all t h a t dis tr ict which is included wi th in a radius of seven miles from t h e centre of t h e marke t - squa re of t he said city Provided t h a t i t shall

be lawful for t he Governor a t any t ime by proclamat ion in t he Gazette

to order t h a t th i s m e a n i n g of t h e expression last aforesaid m a y for t h e purposes of th i s A c t be extended to include any such o ther place or places as in such proc lamat ion m a y be named and defined.

10. This A c t m a y be cited as t h e " B a t h u r s t Gas A c t of 1872 ."