Cairns Hydro-Electric Power Investigation Board Act of 1922 (13 Geo v No. 16) (Qld)

10352 Motive power. s. 1. RAILWAYS AND TRAMWAYS.-WATER. ------- . ~ . - . - - - - ~ - - . - - Cairns Hydro-Electric Power, Etc., Board Act. 13 GEO. V. No. 16, If the Company or any officer, servant, or agent of the Company shall in the construction, reconstruction, management, maintenance, or working of the said \vorks or any of them unduly obstruct or endanger the public traffic in, upon, or over the said public roads or any of them, the Company shall be guilty of an offence, and shall for every such offence forfeit to the said Commissioner the sum of one hundred pounds, to be recovered in a summary way by complaint by the said Commissioner under *" The Justices Acts, 1886 to 1909" : Provided further that, at any place where ·any tramway of the Company is laid in any of the said roads over any water-main of the Metropolitan Water Supply and Sewerage Board, such water-main shall be adequately protected by a shield-pipe by or at the expense of the Company and to the satisfaction of the said Board; and wherever any oil-pipe or water-pipe of the Company is laid in any of the said roads under or over any water- main of the said Board, or under any tramway of the Company, such pipe shall be adequately protected by a shield-pipe. . (2.) The Company may use and employ, upon the said tramways hereby authorised, animal traction or engines or motors propelled by steam, electricity, or other motive power and all necessary carriages and wagons. WATER. 13N G o. eo 1 . 6V. . An Act to Constitute the Cairns Hydro-Electric THE Power Investigation Board and to Define its CAIRNS HYDRO- Powers and Duties, and for other incidental· ELECTRIC POWER purposes. BE I T N IO VE N S~ B ' O I A GA R - D ACT OF 1922. [A SSENTED TO 14 TH 0 CTOBER, 1922 . ] it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as "The Cairns Hydro- amnedncceomme- nt Electric Power Investigation Board Act oj 1922," and shall of Act. come into operation on the first day of January, one thousand nine hundred and twenty..;three. * 50 Vic. No. 17 and Amending Acts, supra, pages 1132 et seq.

WATER. 55.2-5. 10353 1922. Cairns Hydro-Electric Power, Etc., Board Act. 2. In this Act, unless the context otherwise indi- I~ terpreta­ cates, the following terms shall have the meanings set tion. against them respectively, that is to say:- " The Board "-The Cairns H vdro-Electric Power The Board. Investigation Board co:ri'stituted under this Act; " District"-The District of the Board; District. " Fund "-The Cairns Hydro-Electric Power Fund. Investigation Fund created by this Act; " Local Authorities Act"-The laws in force for Local the time being relating to Local Authorities ! ~ ; . horities and Joint Local Authorities. 3. (1.) For the effective administration of this Act The Cairns there shall be a Board to be called "The Cairns Hydro- : !e~ ~~~ Electric Power Investigation Board." Power Invest,iga- tion Board. (2.) The Cairns Hydro-Electric Power Investigation Board to be Board by that name shall be a body corporate with : o~ ~ : ate perpetual succession and a common seal, and shall be capable in law of suing and being sued, and of purchasing, holding, and alienating land? and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. 4. The District of the Board shall be the Area com- District prised within the boundaries of the Town of Cairns and defined. the Shires of Cairns, Eacham, and Tinaroo, and Divisions Four and Five of the Shire of W oothakata. 5. (l.) Subject to this Act, the Board shall consist of Constitution seven representatives t two of whom shall be appointed by of Board. the Governor in Council between the first and thirty-first days of March in the year one thousand nine hundred and twenty-three, and in every alternate year thereafter, as the representatives of the Government of the State. The Governor in Council shall appoint one of the Government representatives to be Chairman of the Board. Five representatives shall be elected in manner following, that is to say:- Between the first and thirty-first days of March in the year one thousand nine hundred and twenty-three, and in every alternate year thereafter- (i.) The Council of the Town of Cairns shall e:ect out of their number one representative;

10354 s. 5. WATER. Cairns Hydro-Electric Power, Etc., Board Act. 13 GEO. V. No. 16, (ii.) The Council of the Shire of Cairns shall elect out of their number one representative; (iii.) The Council of the Shire of Eacham shall elect out of their number one representative; (iv.) The Council of the Shire of Tinaroo shall elect out of their number one representative; and (v.) The Council of the Shire of Woothakata shall elect one of its members returned by the electors of Division Four or Division Five of the said Shire to be a representative. (2.) The names of the representatives so elected I3hall forthwith be reported to the Minister by the clerks of the Local Authorities, members of which have been elected. (3.) If within one month from the time appointed an insufficient number of representatives is elected, the Governor in Council shall appoint by Order in Council some fit and proper person or persons to be a repre- sentative or representatives. (4.) When an elected representative ceases to be a member of the Local Authority which has elected him, he shall cease also to be such representative. . (5.) If a representative fails to attend three or more consecutive meetings of the Board extending over a period of not less than three months, wi thout leave of absence obtained from the Board, he shall cease to be such representative. (6.) If at any time a vacancy in the Board is caused by death, resignation, or otherwise, such vacancy shall be filled as soon as may be in manner hereinbefore provided by the election or appointment of another representative, who, subject to this Act, shall hold office until the date of the next biennial election. (7.) If any representative refuses or neglects to act, or to attend any duly convened meeting of the Board, all lawful acts and proceedings of the Board shall be as valid and effectual as if they had been done or authorised by the full Board. (8.) No proceedings of the Board, or of any person ac ting as chairman of the Board, shaJl be invalidated by reason of any defect in the appointment or election or of any disqualification of any representative, or by reason of there being any vacancy in the number of representa tives at the time of such proceedings.

WATER. SS. 6-9. 10355 1922. Oairns Hydro-Electric Power, Etc., Board Act. (9.) The Governor in Council shall cause the names of the first representatives appointed and elected to the Board to be published in the Gazette, and thereupon the Cairns Hydro-Electric Power Investigation Board· shall be deemed duly constituted. 6. The chairman shall preside at all meetings at Chairman. which he is present. In the absence of the chairman, the representatives present at any duly convened meeting shall elect from their number a chairman for the day. 7. The Governor in Council may, by Order in Council Cesser of published in the Gazette, declare that the Board shall office. cease to exercise .and perform. any of its powers and duties under this Act as on and from a date to be fixed in such order. On such date the following consequences shall ensue :- (a) The Board shall be dissolved and cease to exist as a c9rporation ; (b) All the assets and liabilities of the Board, including the right to recover moneys due by a Local Authority and to issue and enforce precepts therefor, shall, without any transfer or assignment, pass to and devolve upon and be discharged by the Crown; (t) If after payment of all the liabilities of the dissolved Board any balance of money remains, one half part thereof shall be repaid to the Local Authorities which have contributed to the Fund, in proportion respectively to the amounts contributed by each such Local Authority to the Fund. 8. The provisions set forth in the Schedule to this Provisions Act shall be applicable to the business, property, and absU t S ? lnes . s. works of the Board. Any of the provisions of the said Schedule may from Schedule. time to time be altered or added to by the Governor in Council by Order in Council, and the Schedule as so altered or added to shall thereupon become the Schedule to this Act. 9. n.) It shall be the duty of the Board and it is Functions hereby empowered to inquire into, and to collect data, of Board. and to report to the Governor in Council, upon the question of the utilization of power from the Barron Falls. .

10356 s. 10. WATER. Cairns Hydro.Electric Power, Etc., Board Act. f3 QEO.V. No.16, (2.) For the purposes aforesaid the Board shall have all the powers of and shall be deemed to be a Commission under and within "the meaning of * "The Official Inquiries Evidence Act of 1910." (3.) The BO:lTd may, at any time and from time t.) time, by its representatives, officers, servants, and agents, enter upon any land and make surveys and take levels, and do and execute such other acts, works, and operations as appear necessary for carrying out any of the purposes or objects of this Act. Before entry is made upon any land actually occupied, at leaE>t seven days' notice in writing shall be given by prepaid post letter, addressed to the occupier of the land, and such occupier shall be entitled to com- pensatic n for any loss of or damage to any growing crop occasioned by any such entry or act as aforesaid. Save as aforesaid, no acti'Jn shall lie on account uf any such entry or act, work, or operation. (4.) No action, suit, indictment, information, or other proceeding shall be commenced, presented, prose- cuted, or maintained against the Board, the Govern- ment, or any person empowered in that behalf, for or in respect of any act or matter done or omitted or purForted to be done or omitted in or for the execution of this Act. But nothing herein contained shall be construed to deprive any person of the right to claim and recover compensation in respect of any matter for which compensation is expressly made payable under this Act. How 10. (1.) All expenses incurred by the Board under b x e pe p n a s id es . to or in pursuance of this Act shall be contributed to the Board, by the Local Authorities having jurisdiction within the District in such. proportions as between themselves as the Governor in Council sha,ll fix, and by the Treasurer out of moneys to be appropriated by Parliament for the purpose. The contribution by the Treasurer as aforesaid shall be on the basis of one pound for everyone pound contri- buted by all the said Local Authorities, but so that the contribution of the Treasurer shall not in any year exceed such amount as is appropriated for the purpose * 1 Geo. V. No. 26, supra, page 748.

WATER. s. 11; 8ch. r. 1. 10357 1922. Cairns Hydro-Electric Power, Etc., Board Act. by Parliament for that year: Provided that such amount shall not exceed in the aggregate one thousand pounds. (2.) For the purpose of obtaining payment from the Precept. Local Authorities of the amounts to be contributed bv them, the Board may issue a precept, signed by the chairman, to each Local Authority stating therein the sum to be contributed by such Local Authority, and requiring such Local Authority within a time limited by the precept to pay the sum mentioned to the Board or to such person as the Board d:rects. And the provisions of the Local Authorities Act shall, as far as possible, be applied to every such precept. 11. (1.) The revenue of the Board shall consist of Revenue. all moneys which the Board may receive under or in pursuance of this Act. (2.) All such moneys shall be carried to the account Fund. of a Fund to be called the "Cairns Hydro-Electric Power Investigation Fund." . (3.) The Fund shall be applied by the Board Application towards the payment of all expenses necessarily incurred of Fund. in carrying this Act into execution, and in doing and performing any acts and things which the Board is by this Act empowered or required to do or perform. (4.) The Board may payout of the Fund any sum Payments due ~ nder an agreement lawfully made for the purposes f!t of Fund of thIS Act, and any sum recovered against the Board by authorised process of law, and any sum which the Board is lawfully purpose. directed to pay by way of compensation, damages, costs, or otherwise. SCHEDULE. PROVISIONS RELATING TO THE BUSINESS OF THE BOARD. 1. (1.) The Board shall meet at such times and places as it Meetings. thinks proper. (2.) No business shall be transacted at any meeting of the Board QU?rUID; unless at least two of the representatives are present when such votmg. business is transacted. (3.) All powers vested in the Board may be exercised by the majority of the representatives present at any meeting duly held, and all questions shall be decided by a majority of those present including the chairman, and by open voting. If the numbers are equally divided the chairman shall, in addition, have a casting vote

10358 Sch. r. 2. WATER. Cairns Hydro-Electric Power, Etc.. Board Act. 13 GEO. V. No. 16, At all meetings, save as herein otherwise provided, all repre- sentatives present shall yote. If a representative refuses to vote,his vote shall be counted for the negative. Penalty for voting a.e- member where interested. (4.) No representative shall vote or take part in any debate with respect to any matter in which he has directly or indirectly, by him- self or his partners, any pecuniary interest. Every representative who knowingly offends against the pro- visions of this subsection shall be guilty of an offence againbt this Act. Adjourn- ment of meeting. (5.) The representatives present at a meeting may from time to time adjourn the meeting. If a quorum is not present within half an hour after the time appointed for a meeting, the representative present, or the secr8tary if no representative is present, may adjourn such meeting to any time not later than seven days from the date of such adjournment: Provided that nothing herein shall be construed to prevent the adjournment of any meeting to a later hour of the same day on which such meeting was appointed to be held. Kotice of meetings. (6.) Save as otherwise d;rected by the Board, all notiees of any meeting, or adjourned meeting (other than a meeting adjourned to a later hour of the same day on which such meeting was appointed to be held), shall be in writing and shall be deliyered, or sent by post or otherwise, to the usual place of business (if any) within the district, or to the place of abode, of eaeh of the representatives, two clear days at least previous to the meeting. Every such notice shall specify the time of meeting, and, in case of a special meeting, shall specify the 0 biect thereof. No business shall be transacted at any special meeting except such as is stated in the notice thereof. Committees. 2. (1.) The Board may from time to time- (i.) Appoint out of their number t)ommittees either for general or special purposes; (iL) Delegate to a committee power to do any act or hold any inquiry; (iii.) Fix the quorum of a committee. Everv committee may from time to time appoint one of its number t; he chairman th~ reof. Every committee shall report to the Board. (2.) A committee may meet from time to time and may adjourn from place to place as it thinks proper, but no business shall be transacted at any meeting of the committee unless the quorum (if any) fixed by the Board, or, if no quorum is fixed, two representatives at least, are present. At all meetings of a committee, if the chairman is not present one of the representatives shall be appointed chairm~, n of such com- mittee during the absence of the chairman. All qu.estions shall be determined by a majority of votes of the representatives present, including the chairman; and if the numbers are equally divided he shall have a casting vote.

1922. WATER. 8ch. rr. 3-5. Cairns Hydro-Electric Power, Etc., Board Act. 10359 3. (1.) The Board shall cause entries of all the proceedings of the Minutes. Board and of every committee appointed by the Board, with the names of the representatives present at each meeting and of the names of all representatives voting upon any question for the decision of which a division is called, to be duly made from time to time in books to be provided for the purpose, which shall be kept by the secretary under the superintendence of the chairman. Every such entry shall be Eigned by the chairman at the meeting next succeeding the meeting at which such proceeding has taken place. (2.) Every entry in any book kept by the secretary, purporting to Evidence of be an entry relating to the proceedings of the Board, or of a committee entries. thereof, and to be signed by the chairman, or a certified copy of or an extract from any such entry, sealed with the seal of the Board and signed by the chairman and secretary, shall, upon the production thereof alone, be received in any court of justice as evidence of the proceedings appearing by such entry to have been taken, without proof of the meeting to which the same refers having been duly convened or held, or of the persons attending such meeting having been or being representatives or members of committee respectively, or of the signatures of the chairman or secretary, or of the fact of their having been chairman or secretary respectively; and all such last-mentioned matters shall be presumed until the contrary is proved. 4. The Board shall appoint and occupy as its office such convenient Office. premises as the Board may select. 5. (1.) The Board may from time to time appoint a secretary and .,lppoint- such surveyors, engineers, and other officers and workmen as may be ment, necessary to assist in the execution of this Act, and may, out of the removal, ~ c. , tF h uen B d, opara d y msuacyh d seatlearrmiesm . aen. d allowances to such officers respectively as a 0 nf d 0 ffiscaelrasn.es (2.) Before any officer entrusted by the Board with the custody Security by or control of moneys by virtue of his office enters thereon, the Board officers shall take sufficient security from the State Insurance Commissioner e~trusted for the faithful execution of such office by such officer. wIth moneys. (3.) The chairman may at any time suspend from office any Chairman .officer of the Board who in his opinion is guilty of misconduct or may suspend neglect, and may, if necessary, temporarily appoint another officer in officers. his place: Provided that at the next meeting of thc Board after snch suspension the chairman shall report the matter to the Board; and if the officer so suspended is dismissed by the Board, no salary shall be due or paid to him from the date of his suspension. Every officer temporarily appointed shall hold office and receive remuneration (which shall in no case exceed that paid to the officer so suspended) only until the Board decides whether the person suspended shall be reinstated, or whether he shall be dismissed and a successor appointed in his stead. (4.) Every officer employed by the Board who exacts or accepts, Officers on account of anything done by virtue of his office, any fee or reward exacting or other than the salary or allowance by way of salary allowed by the accepting Board, or who is in any wise concerned or interested in any bargain or fees. contract made by the Board, shall be incapable of being afterwards employed by the Board, and shall forfeit the sum of one hundred

10360 8ch. r. 6. WATER. Cairn8 Hydro-Electric Power, Etc., Board Alit. 13 GEO. V. No. 16, pounds. And the Board or any person may sue for such penalty by action in any court of competent jurisdiction. Any such penalty recovered by any person shall be retained by him. Safe custody (5.) The secretary shall be responsible for the safe custody of all of books. books of account, agreements, receipts, vouchers, plans, and other papers and writings relating to the business of the Board; he shall make a record of the same in obedience to the direction of the Board, and shall not destroy or mutilate them or any of them without its sanction in writing previously obtained. Officers failing to render (6.) If any officer of the Board fails when required by the Board so to do- accounts, &c (i.) To render accounts of any moneys received by him for or on behalf of the Board, and of his dealings therewith; or (ii.) To produce and deliver up the vouchers and receipts relating to the same in his possession or power; or (iii.) To pay the balance thereof when so required; or (iv.) To deliver up to the Board or to any person appointed by it to receive the same, within five days after being so required, all papers and writings, property, matters, and things in his possession or power, relating to the execution of this Act, or belonging to the Board; any two justices may hear and determine the matter in a summary way, and may order such officer to render such accounts or to deliver up such vouchers and receipts, or to pay over the balance owing by him, or to deliver up all such papers, wr~ tings, property, matters, and things. If such officer neglects or refuses to obey such order he may, by any justice, he committed to prison for any period not exceeding six months. Proceedings All such proceedings against an officer may be had and taken and may be taken enforced against such officer after he has ceased to hold his office. after -officer has ceased to No such proceedings against an officer shall deprive the Board of hold office. any remedy which it might otherwise have against any surety of such officer. Annual audit. 6. (1.) The Al.:ditor-General, or such officer of his staff as he from time to time directs, shall once at least in every year examine the books and accounts of the Board, and the Auditor-General shall report thereupon to the Treasurer. (2.) The Treasurer may, if he thinks fit. require such books and- accounts to be kept by the Board, and in such form and manner as may be prescribed by the Auditor-General. (3.) On or before the thirty-first day of July in each year the Board shall publish in the Gazette, and in a newspaper generally circulating in the district, a true statement of the receipts and ex- penditure of the Board for the year then last past, and such state- ment shall be signed by the chairman and secretary, and certified as correct by the Auditor-General.

WATER. Sch. rr. 7-11. 10361 . , 1922. Cairns Hydro-Electric Power, Etc. Board Act. 7. The production of the Gazette containing any Order in Council Evidence of or the notification of any election or appointment made under this publication. Act shall be sufficient evidence, until the contrary is shown, that such Order in Council has been duly made, and is still in force, and that such- election or appointment has been duly made. 8. (1.) Any person who obstructs the Board or any porson Obstructing employed by it or any police officer or any officer of the Department execution of Audit, in the performance of anything which it or he is,;respectively of Act. empowered or required to do by this Act, shall be liable to a penalty not exceeding twenty pounds. (2.) Any person who without lawful excuse (the proof whereof shall be upon him) destroys, pulls down, injures, or defaces any mark, pole, or stake fixed or driven or made for the purpose of any survey level or line of any land or work under this Act, or any board, placard, or notice put up by authority of the Board, shall be guilty of an offence against this Act. 9. (1.) Every notice under this Act shall be signed by, or bear Notices. the printed signature of, the chairman or secretary. (2.) Any notice or other document or writing under this Act Service. required or authori&ed to be given to any person may be served- (a) By delivering the same to such person; or (b) By leaving the same at his usual or last known. place ot abode; or (c) By forwarding the same by post in a prepaid letter addressed to such person at his usual or last known place of abode. 10. It shall be the duty of every member of the police force who Duty of finds any person committing a breach of any of the provisions of this police Act, to demand from such person his name and place of abode, and officers. to report the fact of SLlch breach and the name and place of abode of such person, as soon as conveniently may be, to the secretary. Any person who refuses to state his name and place of abode when required by a member of the police force so to do, or who in his opinion states a false name or place of abode, may, without any other warrant than this Act, be apprehended by him and taken before justices there to be dealt with according to law. Any person who refuses to state his name and place of abode, or states a false name or place of abode, shall be guilty of an offence against this Act. Any member of the police force who finds any person committing an offence against this Act may, without any other warrant than this Act, apprehend such person and convey him to a poEce station, there to be dealt with according to law. 11. (1.) The Board may order proceedings to be taken for the B.oard may recovery of any penalties, and for the punishment of any person dIrect t' offending against this Act, and may order the expenses of such ~ rcosecu IOns, prosecution or other proceedings to be paid out of the Fund.

· 10362 Sch. r. 11. WATER. Cairns Hydro-Electric Power, Etc., Board Act. 13 GEO. V. No. 16, 1922: Legal (2.) In all proceedings in any court, the secretary or any other proceedings. officer of the Board appointed by the chairman by writing under his hand may represent the Board in all respects as though he were the party concerned. Reimburse- (3.) The secretary or other officer appointed as last aforesaid ment of officer. shall be reimbursed out of the Fund all damages, costs, charges, and expenses to which he may be put or with which he may become chargeable by reason of anything contained in this section. R; ~ overy of (4.) Every penalty or other moneys p~ 1yable in respect of any penalties. offence against this Act may be recovered by complaint of the secretary or other such officer as aforesaid before any two justices. Application (5.) All penalties recovered for offences against this Act shall be of penalties. paid into the Fund. Penalties. (6.) Every person guilty of an offence against th~ s Act shall for every suc:h offence be liable, if no other penalty is imposed, to a penalty not exceeding twenty pounds. Saving of (7.) The institution of criminal proceedings against, or the con- civil remedy. viction of a person for, any offence against this Act shall not affect any remedy which any other person aggrieved may be entitled to in any civil proceeding. Justices may (8.) No justice shall be deemed incapable of acting in any case raactte,ptahyoeurgsh arising under this Act by reason of his being, as one of several rate- or liable to payers, or as one of any other class of persons, liable in common contribut,e. with others to contribute to or be benefited by the Fund.