City of Perth Electricity and Gas Purchase Act 1948 (WA)

1948.1 City of Perth Electricity and [No. 33.

Gas Purchase.

CITY OF PERTH ELECTRICITY

AND GAS PURCHASE.

12° and 13' Gino. VT., No. XXXITI.

No. 33 of 1948.

AN ACT to ratify an Agreement made between the Government and the Lord Mayor and Councillors of the City of Perth relating to the purchase of an Electricity and Gas Undertaking ; to vest the Undertaking in the State Electricity Commission ; and for other purposes.

[Assented to 14th December, 1948.]

B E it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1.   This Act may be cited as the City of Perth Short title.

Electricity and Gas Purchase Act, 1948.

2.    In this Act, unless the context otherwise indicates— Tort.-

"The Agreement" means the Agreement set out in

the First Schedule to this Act;

"Commission" means the State Electricity Com-

mission of Western Australia;

"Government" means the Government of 'Western

Australia;

"transfer day" means the twentieth day of Decem- ber, 1.948, or the day after the commencement of this Act, whichever is the later.

Ratification

3. The Agreement is hereby ratified. of Agreement.

No. 33.] City of Perth Electricity and [1948.

Gas Purchase.

Repeal. 4. (1) As from the transfer day the Acts mentioned in the Second Schedule to this Act are hereby repealed.

Termination (2)

As from the transfer day the agreements set out in the Schedules to the Acts hereby repealed are termin- ated in so far as anything thereafter remains to be done by any party to any such agreement, but without affecting the validity of any act or thing then already done pursuant to any such agreement.

of Agree-

ments.

As from the transfer day all contracts made by the City of Perth with any municipality or road board for or relating to the supply of electricity to such muni- cipality or road board are hereby terminated in so far as anything thereafter remains to be done by any party to any such contract, but without affecting the validity of any act or thing then already done pursuant to any such contract : Provided that each such municipality and road board shall be liable to pay for electricity supplied to it under any such contract up to the transfer day, although by the terms of the contract the date for pay- ment may not have arrived.

(3)

Vesting of

property in 5. (1) As from the transfer day all the real and

Commission.

personal property acquired by the Government under

Commission

the Agreement is hereby vested in the Commission and

to undertake

obligations of

the Commission shall be liable to discharge all the

Agreement.

liabilities of the Government under the Agreement but

Savings of

the obligations of the Government to the City of Perth

rights of city

of Perth.

under the Agreement shall nevertheless remain in full

force and effect.

(2)

As from the transfer day the salaried officers and workmen mentioned in clause 6 of the Agreement shall be deemed to be officers and servants appointed and employed by virtue of section thirty-six of the State Electricity Commission Act, 1945.

In relation to such of the property vested in the Commission under subsection (1) of this section as shall consist of land under the Transfer of Land Act, 1893-

(3)

1946, the Registrar of Titles shall, upon application in

that behalf by the Commission, whether or not accom- panied by the relative instruments of title, and without payment of any duty or fees, make such entries in the Register Book kept under such Act as shall be necessary to constitute the Commission the registered proprietor of such land, subject to any encumbrances thereover appearing in the Register Book.

1948.] City of Perth Electricity and [No. 33.

Gas Purchase.

6.    All the property vested in the Commission by the Property be

last preceding section shall be deemed to have been MitWir

acquired by the Commission for the purposes of the State net

Electricity Act, 1945.

7.    As from the transfer day the Commission shall be Transfer

entitled to all the rights and subject to all the liabilities employment.

of the City of Perth under all contracts of employment then subsisting between the City of Perth and the officers and workmen mentioned in clause 6 of the Agree- ment.

8.    The Board appointed by the City of Perth under FICTAtegh

section three of the City of Perth Superannuation Fund, Pol[eannuta; Act, 1934, to administer the fund established under that 'miss'

Act shall pay to the Commission out of such fund such sum as may be found to be payable by the City of Perth to the Government under clause 6 of the Agreement.

9. The State Electricity Commission Act, 1945, is Amendment of State

amended by adding after section twenty-nine a new Electricity	Commission
section as follows:—	let.

29A. (1) As from the Transfer Day defined in the City of Perth Electricity and Gas Purchase Act, 1948, the Commission shall constitute a superannua- tion scheme for the benefit of officers and workmen taken over by the Commission from the City of Perth under section seven of that Act.

(2) Except as provided in subsections (5) and (6) of this section such scheme shall be in all respects on the same terms and conditions as the scheme existing on the transfer day under the City of Perth Superannuation Fund Act, 1934, as amended.

(3) Those officers and workmen who were con- tributors to the City of Perth scheme on the transfer day but no others shall be contributors to the Com- mission's scheme. For the purpose of ascertaining the rights of such contributors in the Commission's scheme their service with the City of Perth and their contributions to the City of Perth scheme shall be deemed to have been service with the Commission and contributions to the Commission's scheme.

No. 33.] City of Perth Electricity and [1 948_

Gas Purchase.

(4)

The Commission may pay out of its ordinary

revenue all contributions which i.t may be required

to make to the scheme.

(5) A contributor to the Commission's scheme may at any time by notice in writing to the Com- mission cease to be a contributor, and the Com- mission shall thereupon pay to such person twice the total amounts paid by him to the City of Perth scheme and to the Commission's scheme, or such greater sum as the Commission may from time to time determine.

A person who has been a contributor to the Commission's scheme and who has ceased to be a contributor shall not be entitled again to become a contributor to the Commission's scheme.

(6)

Sections 2	FIRST SCHEDULE.
and 3.

AGREEMENT.

AN AGREEMENT made the thirtieth .day of November, One thousand nine hundred and forty-eight between the Lord Mayor and Councillors of The City of Perth (hereinafter called "the Council") of the one part and The Honourable Ross MeLarty, Premier of Western Australia (acting for and on behalf of the Government of Western Australia hereinafter called "the Government") of the other part.

WHEREBY IT IS AGREED as follows:-

1. The Council shall sell and the Government shall purchase (except as hereinafter mentioned) the Electricity and Gas Works and all plant, apparatus and works connected therewith and all stock, tools, poles, pipes, lamps, furniture, hooks, stores, trade stock and other effects and all the land specified in the first schedule hereto with the improvements thereon and all easements, rights, powers, authorities and privileges enjoyed or exereiseable by the Council pursuant to the provisions of Section 3 of The Perth Municipal Gas and Electricity Lighting Act. 1911, and its amendments as such works, plant, apparatus, effects, property, easements, rights, powers, authorities and privileges shall exist on the day hereinafter appointed for the completion of such sale and purchase (hereinafter called the transfer day).

And also all contracts and benefits of contracts being in force on the transfer day and all registers, books, book debts, maps and docu- ments relating to the undertaking of the Electricity and Gas Depart- ment of the Council (all which premises so agreed to be sold and purchased are lie rein:, referred to as "the undertaking") subject to all unpaid debenture loans raised by the Council under the Mimi- eipal Corporations Act, 1906-1947, for the purposes of the Electricity and Gas Department of the Council particulars of which are set forth

.1948.] City of Perth Electricity and [No. 33.

Gas Purchase.

in the second schedule hereto and subject also to the obligations and contracts into which the Council shall have entered into before the transfer day and which may be subsisting on that day all which loans, obligations and contracts shall be taken over and performed and fulfilled by the Government who shall indemnify the Council from all demands, claims and liability thereunder.

2. There shall be excepted from such sale and purchase all moneys standing to the credit of The City of Perth Electricity and Gas Depart- ment at its Bankers and also all fixed deposits belonging to the said Department.

3. The consideration for the sale shall be the payment by the Government to the Council of equal monthly instalments of Five thousand pounds (f5,000) over a period of fifty years without interest the first payment to be made on the transfer day.

4. The Council shall be entitled to be paid by the Electricity and Gas Department of the Council the proportionate part of the annual sums: which are at present paid to the Council for

(a) contributions to General Revenue;

(b) street lighting;

(e) payment in lieu of rates; and

(d) the lopping of street trees.

All the aforementioned sums to be apportioned as at the transfer clay calculated from the first day o f	October, One thousand nine
hundred and forty-eight.

And the Electricity and Gas Department of the Council shall discharge all current trade accounts up to the transfer day and shall also pay any instalments of principal and interest in respect of any debenture loan mentioned in the second schedule hereto falling due before the transfer day and the Council shall indemnify the Govern- ment therefrom and as from the transfer day the Government shall be entitled to all the rents and profits of the undertaking.

5. The Council shall until the transfer day carry on and manage their undertaking according to their usual course of business and shall uphold, maintain and keep the works and property included in their undertaking in their present state and condition (wear and tear and accidents and strikes of workmen excepted) and shall continue to keep proper accounts: Provided always that the Council shall not without the previous consent in writing of the Government contract make or enter into any new liability, contract or agreement or other obligation in respect of their undertaking except such as may be necessary in the ordinary course of the proper conduct of the affairs of the Council's Electricity and Gas Department and with the intention of benefiting the undertaking.

The Government shall take over and retain in its employment so long as they discharge their duties faithfully all the salaried officers and workmen who shall on the transfer day be employed by the Electricity and Gas Department of the Council on terms not less favourable than the terms and conditions under which they are employed on the transfer day including their rights under The City of

No. 33.] City of Perth Electricity and [1948.

Gas Purchase.

Perth Superannuation Fund Act, 1934, and the amendments to the superannuation scheme as established under that Act and if necessary the Government shall obtain from the Parliament of Western Aus- tralia authority for the Council to hand over to the Government that portion of The City of Perth Superannuation Fund which has been contributed by the present officers and workmen of the Electricity

and Gas Department of the Council and by the said Department on

behalf of such officers and workmen with the accumulations thereof. The amount to be handed over to be ascertained if necessary by an

actuarial investigation and calculation, the cost whereof shall be borne

by the Government.

7. The Government shall enter into a contract with the Council for the supply of electric current for lighting the streets and reserves within the district of the Council in a proper and efficient manner for the term of fifteen years from the transfer day. The scale of charges to be charged by the Government against the Council for such lighting shall not be greater than the scale of charges which are at present charged against the Council by the Electricity and Gas Department of the Council and such charges shall include the services

which the Electricity and Gas Department renders to the Council in

respect to such lighting at the present time.

At the end of the fifteen year period either of the parties hereto may request that the subject of street lighting be reviewed.

S. The day appointed for the completion of the sale and purchase

(hereinhef ore referred to as the transfer day) shall be the twentieth

day of December, One thousand nine hundred and forty-eight or such other day as may be fixed by the Parliament of Western Aus-

tralia in the Aet of Parliament referred to in the next succeeding

clause.

This agreement is conditional on all necessary powers being conferred upon the Council and the Government by the Parliament of Western Australia to give effect to the provisions of this agreement and for otherwise carrying the same into execution and to authorise the Government to vest the undertaking in the State Electricity Com- mission to work and manage the same under the provisions of the State Electricity Commission Act, 1945.

9.

The Posts of and incidental to the preparation of this agreement

and of obtaining the Act mentioned in the preceding clause hereof

shall be paid by the Government.

10.

THE FIRST SCHEDULE.

Description of Land.

Portion of Perth Town Lots W77, W78, W79, W80 and W8I, and being more particularly delineated and coloured pink on the plan

(a)

lodged with the Premier and signed by the parties hereto for identifica- tion. Portion of the land in Certificate of Title Volume 511, Folio 187.

Perth Town Lot Q31/2 and portions of Perth Town Lots Q3 and Q4, and being the subject of Certificate of Title Volume CLIV., Folio

(b)

1948.] City of Perth Electricity and [No. 33.

Gas Purchase.

(e) Portions of Swan Location 36 and being Lots 276 and 277 on Plan 598, and being the subject of Certificate of Title Volume 658, Folio 128.

Portion of Perth Town Lot 1160 and being Lot 8 on Plan 495, and being the subject of Certificate of Title Volume 578, Folio 122.

(d)

Portion of Perth Town Lot Y248 and being Lot 1 on Diagram

6946 and being the subject of Certificate of Title Volume 1069, Folio

507.

(e)

Portion of Swan Location Al and being Lot 119 on Plan 1725, and being the subject of Certificate of Title Volume 647, Folio 60.

(f)

Portion of Perth Town Lot G15, and being the subject of Certificate of Title Volume 582, Folio 76.

(g)

Portion of Perth Town Lot W77, and being the subject of Certificate of Title Volume 553, Folio 134.

(h)

Portion of Perth Town Lot P8 and being Lot 2 on Deposited

Plan 1382, and being the subject of Certificate of Title Volume 511,

Folio 188.

(i)

Portion of Swan Location Al and being the whole of the land

comprised in Deposited Diagram 201, and being the subject of Certifi-

cate of Title Volume 416, Folio 51.

(j)

Portion of Swan Location Al and being Lot 50 on Deposited

Plan 1725, and being the subject of Certificate of Title Volume 393,

Folio 23.

(k)

(1) Portion of Perth Town Lot Q2 and being Lot 14 on Plan 1460, together with a right of carriage way over the portion coloured brown on the said plan, but limited as to the portion included in Volume 101, Folio 186, to a height of twelve feet, and being the subject of Certificate of Title Volume 728, Folio 136.

(m) Perth Lot 745, and being the subject of Crown Grant Volume

1078, Folio 437.

Portion of Swan Location A2 coloured green on Diagram 12186, together with the right to pass and re-pass (as set out in Transfer 4080/1942) over the portion coloured brown on the said diagram and being the subject of Certificate of Title Volume 1079, Folio 98.

(n)

Portion of Swan Location Y and being Lot 209 on Plan 2552, and being the subject of Certificate of Title Volume 650, Folio 94.

(o)

Portions of Melville Suburban Lot 109 and being Lots 12 and

17 on Deposited Plan 569, and being the subject of Certificate of

Title Volume 516, Folio 163.

(p)

Portion of Swan Location S the subject of Diagram 7959, and being the subject of Certificate of Title Volume 1038, Folio 806.

(q)

Portion of Melville Suburban Lot 109 and being Lot 16 on

Deposited Plan 569, and being the subject of Certificate of Title

Volume CCX, Folio 134.

(r)

Portions of Melville Suburban Lot 109 and being Lots 13, 14

and 15 on Deposited Plan 569, and being the subject of Certificate of

Title Volume CCLVL, Folio 104.

(s)

TH II; SECOND SCHEDULE.

MTV OF PERTH ELECTRICITY AND CAS DEPARTMENT.

Loan Indebtedness as al 314 October, 1948.

Loan Due Original Amount Debentures Re- Net indebtedness, E. & G. Depart- Interest R ate cts tk

To Whom Owing.

No. I Date. of Loan. deemed to 31-10-48 31-10-48. ment's Proportion. Original Reduced.

kcj ro

£ s. tl. £ s. d. .2 s. d. L s. /I. o 0

},:sd

20 1-8-54 100,000 0 0 63,338 13 0 36,661 6 6 36,01 6 6 A.NI.P. Society ... 41 -t

5-5

22	I-3-51	150,000	0	0	I 23,569	1811	26,430	1	1	17.620	0 9	Commonweal I In	Bank ...	5/	05	.7
N

24 1-3-58 200,000 0 0 96,487 14 0 103,512 6 0 103,512 6 0 Society... (.1.

£450,000 0 0 £283,396 6 5 £166,603 13 7 £157,793 13 3

No. 33.1 City of Perth Electricity and [1948.

Gas Purchase.

In witness whereof the Honourable Ross MeLarty bath hereunto set Ids hand and the Common Seal of the Lord Mayor and Councillor: of The City of Perth has been hereunto affixed the day and yeah first above written.

(Sgd.) ROSS MeLARTY.

Signed by the Honourable Ross McLarty

in the presence of:—

(Sgd.) R. J. Dumas,

Chairman State Electricity Commission. The Common Seal of The City of Perth was hereunto affixed in the presence of :— [L.s.]

(SO.) TOTTERDELL,

Lord Mayor.

(Sgd.) A. Mel_ GREEN,

Town Clerk.

SECOND SCHEDULE. Section 4.

Electric Light and Power Agreement Act (No. 21 of 1913).

Electric Light and Power Agreement Amendment Act (No. 25 of

1923). Electric Light-and Power Agreement Amendment Act (No 3 of

1928).