Electric Light and Power Acts Amendment Act of 1938 (2 Geo Vi No. 7) (Qld)

ELECTRICITY. 2 GEO. VI. No. 7, 1938. Electric Light and Power Acts Amendment Act. 17005 ELECTRICITY. An Act to Amend "The Electric Light and Power 2 N G o E . O. 7 V . I. Acts, 1896 to 1937," in certain particulars, ELE T C H T E RIC and for other purposes. LIGHT AND POWER ACTS AMENDMENT [ASSENTED TO 10TH OCTOBER, 1938.] ACT OF 1938. B E it enacted by the King's Most Excellent lHajesty, 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:- 1. (1.) This Act may be cited as " The Electric Light Short title and Power Acts Amendment Act of 1938," and shall be and . read as one with *" The Electric Light and Power .A cts, constructlOn. 1896 to 1937," hereinafter referred to as the Principal Act. The Principal Act and this Act may be collectively Collective referred to as " The Electric Light and Power Acts, 1896 title. to 1938." (2.) This Act shall be deemed to have commenced Commence- and to have taken effect on and from the first day ofment of Act. August, one thousand nine hundred and thirty-eight, and shall have retrospective operation and effect accordingly. Amendments of the Principal Act. 2. Section four of the Principal Act is amended by Amendment adding the words " and in which no overhead or under- of s. 4. ground electric line is upon, across, or under any public road, right of way, railway, river, or canal" to the last paragraph thereof. 3. Section 4A of the Principal Act is amended as Amendment follows - of S. 4A. (a) The sixth pargraaph of the said section, being the paragraph commencing with the words" Provided that" and ending with the words "is installed," is repealed and the following new paragraph is inserted in lieu thereof, namely :- " Provided that the Minister may from time to time extend any such license by increasing the number of persons or premises specified therein, or by increasing the number of premises and/or the radius from the generating plant specified therein." * 60 Vie. No. 24 and amending Acts, 8upra, pages 702 et 8eq.

17006 ELECTRICITY. Electric Light and Power Acts Amendment Act. 2 GEO. VI. No. 7, (b) The last paragraph of the said section, being the paragraph commencing with the words" The provisions" and ending with the words "such provisions" is amended by inserting therein after the words " this Act " the words" including any regulations made under this Act and/or *" The State Electricity Commission Act of 1937." " New s. 5. 4. The following new section numbered five is inserted after section 4l of the Principal Act, namely :- wLMiiictnehinisnsteeArbryea suppl"y[i5n.g] e (1 le .) ctWrichiteyn toananyEpleecrstroincs wAiuththinortihtye Aisreanooft oAfuEthleocritrtyic. tChoemOmrisdseironauisthoofriospiningioint tthoast uappsluyppellyecotrficeilteyctarincditythies reasonably available to such persons from some other Electric Authority, it may recommend to the Minister the issue of a license under section 4A of this Act authorising such other Electric Authority to supply electricity to such persons. (2.) Notwithstanding anything to the contrary contained in section 4A hereof, the Minister may at his absolute discretion pursuant to a recommendation made by the Commission under subsection one of this section jssue a license under the said section 4A to an Electric Authority to give a supply of electricity to the persons specified therein within the Area of another Electric Authority. (3.) If a license issued under section 4A of this Act pursuant to this section is revoked by the Minister, the licensee shall, notwithstanding anything to the contrary contained in the said section, be entitled to compensation in such amount or upon such basis as may have been determined by the Minister upon the recommendation of the Commission and set out in the license. (4.) When a license is issued under section 4A of this Act pursuant to this section with respect to any persons within the Area of an Order authorising an Electric Authority to supply electricity, such Electric Authority shall be deemed to be no longer authorised to supply electricity to such persons or any of them: Provided that upon the revocation of such license the Electric Authority shall, subject to such terms and conditions as may be imposed by the Minister upon the * 1 Geo. VI. No. 26, supra, page 16505.

ELEOTRICITY. 17007 1938. Electric Light and Power Acts Amendment Act. recommendation of the Commission, again become and be authorised to supply electricity to such persons under and pursuant to its Order." 5. The following new sections numbered SA and SB New ss. SA are inserted after section eight of the Principal Act, and 8B . namely:- " [8A.] The Governor in Council on the recommenda- Extension of tion of the Commission may from time to time by Order be~od of in Council extend the period of any Order authorising r er. an Electric Authority to supply electricity within an Area: Provided that no such extension shall be for a period of time greater than three years: Provided further, that the Governor in Council, in any Order in Council made under this section, may give such directions and prescribe such terms and conditions as to him shall seem fit. [8B.] {1.) The Governor in Council may by Order in Extension of Council extend the boundaries of an Area within which ~ r~ a of an Electric Authority is authorised to supply electricity r er. by including in such Area any other area within which there is no Electric Authority authorised to supply electricity. Upon the making of an Order in Council under this subsection the Order authorising the Electric Authority to supply electricity shall have force and effect both within the original Area thereof and within such other area so included. (2.) Every Order in Council made under this section shall be read and construed with the Order with respect to which it is so made, and for the purposes of giving effect to this section the Governor in Council may in any Order in Council made thereunder give such directions and prescribe such terms and conditions as to him shall seem fit." 6 Subsection one of section nine of the Principal Amendment Act is hereby amended by repealing therein the words of s. 9. "period of three months from the date of the first publication of such advertisement" and by inserting in lieu of the words so repealed the words "period of two months from the date when the Minister is first notified of the intention to apply for such Order."

17008 ELECTRICITY. Electric Light and Power Acts Amendment Act. 2 GEO. VI. No. 7, Amendment 7. Paragraph (5) of section eleven of the Principal of s. 11. Act is amended by inserting the words "or of the Commission " after the word " Minister." New ss. ItA 8. The following new sections numbered llA and and llB. lIB are inserted after section eleven of the Principal Act, namely:- Power of "[llA.] (I.) Subject as hereinafter provided in this :8 ~ omm~ ~ i~ n section, the Commission shall have power, authority, a~ ~ e! :n: : and jurisdiction to negotiate and ,enter into an agreement ~Jrant of with a Local Authority, Company, or person as to the er. period for which and as to the terms, provisions, and conditions upon and subject to which the Local Authority, Company, or person shall become and be an Electric Authority authorised to supply electricity within an Area. (2.) Every such agreement shall be negotiated and entered into subject to this Act and *" The State Electricity Oommission Act of 1937 " and the regulations made under either or both of such Acts. (3.) On the signature by the parties thereto every agreement which may be negotiated and entered into under this section shall be submitted to the Governor in Council for his approval: Provided that the Governor in Council may approve of the agreement as so signed, or may disapprove, or may refer the agreement back to the parties thereto for reconsideration and either generally or as to such particulars as he shall indicate: Provided further, that if and when the Governor in Council approves of the agreement, as finally agreed upon and made and executed by the parties thereto, such agreement shall have the force of law and shall be valid and effectual and shall be obeyed and shall be judicially noticed upon its production to any court, judge, justice, or person acting judicially: Provided finally, that where an agreement is negotiated and entered into under this section the Commission shall after the same has been signed publish a notice in the Gazette and in some newspaper circulating in the proposed Area of supply of the making * 1 Geo. VI. No. 26, 8upra, page 16505.

ELECTRICITY. 17009 1938. Electric Light and Power Acts Amendment Actof such agreement, and the agreement shall not be approved by the Governor in Council until the expiration of one month after such notice has been so published. [lIB.] (1.) Forthwith upon the approval by the Gover~ or in Governor in Council of the agreement entered into ~ ~ : - O~ J~ r between the Commission and a Local Authority, Company, pursuant to or person under and in pursuance of this Act, the agreement. Governor in Council shall, pursuant to the powers conferred upon him by this Act in that behalf, by Order in Council authorise such Local Authority, Company, or person to supply electricity within the Area in respect of which such agreement has been so made for such purposes as may be prescribed in the Order and for the period agreed upon in such agreement. (2.) The provisions of subsection one of section nine Notice of of this Act shall not extend or apply in respect of an Order ~ Ppgc~ tion granted under and in pursuance of subsection one of this n~ : d ~ o~r be section, and (notwithstanding anything to the contrary ~ vertised, contained in this Act or in any Order in Council granted c. to a Local Authority, Company, or person thereunder, or in any other Act or law), the Governor in Council may grant such Order to the Local Authority, Company, or person concerned without the doing or executing by him or it of any act, matter, or thing required by the said subsection to be done or executed prior to the grant of such Order and notwithstanding that no such act, matter, or thing has been done or executed. Moreover, notwithstanding anything to the contrary contained in the said subsection one, no person shall be entitled to make any representation or objection to the Governor in Council with reference to such Order, and no notice shall be required to be given to any Local Authority whatsoever of or concerning such Order. (3.) The provisions of subsection one of section ten Notice to of this. Act shall not extend or apply in respect of an ~oC~l . Order granted under and in pursuance of subsection one b~ ~ r~ rtty of this section, and (notwithstanding anything to the ~ aking of contrary contained in this Act or in any Order in Council re~ ~ ~ e~ ot granted to a Local Authority, Company, or person thereunder, or in any other Act or law) such Order shall authorise and be deemed to authorise the supply of electricity by the Local Authority, Company, or person concerned within so much of the district of any Local Authority as is comprised within the Area for which

li010 ELECTRICITY. Electric Light and Power Acts Amendment Act. 2 GEO. VI. Ko. 7, such Order has been granted notwithstanding that no notice that such Order has been or is intended to be applied for was given to such Local Authority under and in pursuance of the said subsection one of section ten. Consent of (4.) The provisions of subsection two of section ten ~ ~~ ~~ rity to of this Act shall not extend or apply in respect of an Ord,:r not Order granted under and in pursuance of subsection one reqUIred. of this section, and (notwithstanding anything to the contrary contained in this Act or in any Order in Council granted toa Local Authority, Company, or person thereunder or in any other Act or law) such Order shall not require the consent of any Local Authority, and the Governor in Council shall not be concerned to obtain the consent of any Local Authority thereto." New s. lIe. 9. A new section numbered 110 is inserted in the Principal Act after section lIB as previously inserted by this Act, namely:- Revocation "[110.) The Governor in Council may revoke any aogf rOeerdmeernbt. y Order the surrender of which has been agreed upon between the Electric Authority concerned and the Governor in Council or, as the case may be, the Local Authority. An agreement to surrender an Order may be made between the Electric Authority and the Commission for and on behalf of the Governor in Council or, as the case may be, between the Electric Authority and the Local Authority, but in no event shall any such agreement have any force or effect whatsoever unless and until it is approved by the Governor in Council." Amendment 10. Section twenty-four of the Principal Act is of s. 24. amended by repealing therein the word "Minister" wherever such word occurs and by inserting in each case the word "Commission" in lieu of the word so repealed. Amendment 11. Section thirty-three of the Principal Act is of s. 33. amended by inserting the following new paragraph after the first paragraph thereof, namely:- " In this section the term "regulations" includes any regulation made for any or all of the purposes hereinbefore mentioned with respect to undertakings

ELECTRICITY. 17011 1938. Electric Light and Power Acts Amendment Act. and so made under *" The Electric Light and Power Acts, 1896 to 1938," and/or t" The State Electricity Oommission Act of 1937." " 12. The following new section numbered 38A is New s. 38A. inserted after section thirty-eight of the Principal Act, namely:- " [38A.] Notwithstanding anything contained in Payment for section thirty-eight of this Act, no person is entitled to : ! ~ ~ ~ ; Yof demand or to continue to receive from any Electric ~ lectricity Authority as a standby supply only a supply of electricity for any premises having a separate supply'of electricity or a supply (in use or ready for use for similar purposes) of gas,. steam, or other form of energy unless he undertakes to make a minimum annual payment therefor. Such payment must be sufficient to give to the Electric Authority a reasonable return on the capital expenditure incurred by it in providing a standby supply and to cover other standing charges incurred by it in order to meet the total maximum demand for those premises. The amount of the charge shall be referred to the Commission if not agreed to between the Electric Authority and the person requiring the supply, and the decision of the Commission in that regard shall be final and without appeal by either party." 13. (1.) Section forty-one of the Principal Act is Amendment hereby amended as follows :_ of s. 41. (a) The first paragraph of the said section is repealed and the following new subsection numbered one is inserted in lieu of the paragraph so repealed, namely:- " (1.) The Commission may, with the approval ofCondition~ the Minister, make by-laws prescribing the conditions uz;tder whdlch upon and subJ·ect to whI'Che ectiric ' WIres or fittings on fwitutiensgasnmay aconndsmumoreero' sv· eprretmheisCesomamrel.sts. olonbemafyixeI. nd aannydcamseai I . n II tawinhe l ' C dh, mobenai ~ n Xt a e m ~ aendd it thinks it necessary or expedient so to do make a rule consu.mer's or rules prescribing conditions as aforesaid with respect premises. to particular wires or fittings or a particular class of wires or fittings or with respect to a particular class of consumer's premises or with respect to a particular consumer's premises. * 60 Vic. No. 24 and amending Acts, supra, pages 702 et seq. , t 1 Geo. VI. No. 26, supra, page 16505.

17012 ELECTRICITY. Electric Light and Power Acts Amendment Act. 2 GEO. VI. No. 7, All by-laws made under this subsection shall be read and construed with and, where necessary, subject to the regulations. A by-law may prescribe that the same or any other by-law or by-laws shall apply with respect only to such Areas or such part of an Area or Areas or such class of consumer's premises as may be mentioned therein, and moreover by-laws may differ with respect to different Areas or different parts of the same Area. A rule may modify any regulation or by-law and every rule shall continue in force unless and until disapproved by' the Minister or, if not so disapprveod, revoked by the Commission." (b) That part of the said section (being the second and third paragraphs thereof) not repealed by this section is hereby renumbered subsection two of section forty-one, and the said subsection two as so renumbered is further amended by repealing the words "in accordance with such rules or by-laws as aforesaid" and by inserting in lieu thereof the words "in accordance with the regulations and/or rules and/or by-laws," and by repealing the words" that the rules or by-laws" and by inserting in lieu thereof the words "that the regulations and/or rules and/or by-laws." Existing rules and by.laws preserved. (2.) All by-laws or rules made under the Principal Act prior to and in force at the passing of this Act, including all standard by-laws, shall subject as hereinafter provided continue in force until respectively revoked or amended by a by-law or rule made under *" The Electric Light and Power Acts, 1896 to 1938" : Provided that the Principal Act as amended by this Act shall apply and extend with respect to every such by-law or rule and the same shall be read and construed and have effect accordingly. Amendment 14. Section forty-seven of the Principal Act is of s. 47. hereby amended as follows : - (a) The words "by an order" are repealed and the words "by the Order authorising an Electric Authority to supply electricity within an Area or by a subsequent Order in Council, vary the terms upon which he may * 60 Vie. No. 24 and amending Acts, supra, pages 702 et Beg.

ELECTRICITY. 17013 ] 038. Electric Light and Power Acts Amendment Act. require an Electric Authority, and upon which the Electric Authority shall be required, to sell to him for and on behalf of His Majesty its undertaking or so much of it as is within such Area, and/or" are inserted in lieu of the words so repealed ; (b) The words " and in either case" are inserted before the words " in such manner" ; (c) The words "Governor in Council or, as the case may be, the" are inserted after the words "between the" ; (d) The words "and moreover the Governor in Council may by any such variation modify the said section forty-six, which power to modify shall include the power to substitute a new provision or provisions in lieu of all or any provisions contained in the said section forty-six" are added to the said section. 15. The following new section numbered 48A is New s. 48A. inserted after section forty-eight of the Principal Act, namely;- "[48A.] (1.) The Governor in Council may, on the Power of rperceosmcnm' beenadnaytiocn1aossf, thdeesCcon.mptmioinss,ioonr, tbyypeOr 0 d f eWr ' iInre,Cocuabnclei,l s et ° aolmerem o g ~ iuslsaitoen am. ptpelniadnecde,, fsiuttgingge, stmede, teor, rinsduelS' aItgonre, dapfpoarrautuses o I r. II maotrerifaolr, e & el q 0 e u c . l ~ p rl m Ca e l n t , purposes of or for connection to any electrical installation, which shall not after a date specified in such proclamation be sold, hired, or exposed for sale or hire or advertised for sale or hire unless such type, description, or class of wire, cable, appliance, fitting, meter, insulator, apparatus or material has been approved of by the Commission. (2.) Any person who, after the date so specified, s~ lls, hires, or exposes for sale or hire or advertises for sale or hire or causes to be sold or hired or exposed or advertised for sale or hire any wire, cable, appliance, fitting, meter, insulator, apparatus or material of the class, ,description, or type prescribed in such Order shall, unless such type, description or class of wire, cable~ appliance, fitting, meter, insulator, apparatus, or material has been approved of by the prescribed authority, be guilty of an offence against this Act.

17014 ELECTRICITY. Electric Light and Power Acts Amendment Act. 2 GEO. VI. No. 7, (3.) For the purposes of this section the regulations made in that behalf may provide for approval of a type, description, or class of electric wire or cable or electrical appliance, fitting, meter, insulator, apparatus, or material being signified by approval of a sample thereof or by any other means whatsoever. (4.) This section shall have force and effect throughout the State, and nothing contained in section four or section six of this Act shall limit the application hereof." Repeal of s.49A. 16. Section 49A of the Principal Act is repealed. Amendment 17. In section 51A of the Principal Act the words of B. 51A. "Public Works Department" are repealed and the word" Commission" is inserted in lieu thereof. New s. 51B. 18. (1.) The following new section numbered 51B is inserted after section 51A of the Principal Act, namely : - Regulations "[51B.J Notwithstanding anything contained in any mpraesyeribe Order, regulations may be made prescribing approved testing of types of meters and prohibiting the use of any meter meters, &c. which is not of an approved type and prescribing the manner in which and the times at which any meter or testing instrument shall be tested, checked, and/or passed and the apparatus, if any, to be provided by the Electric Authority for such purposes, and prohibiting the use of any meter or testing instrument not duly tested, checked, and/or passed." (2.) From and after the commencement of "The Electric Light and Power Acts Amendment Act of 1938," every meter shall be deemed to be an "appropriate meter duly certified " for the purposes of an Order if such meter complies in full with the regulations made under this section. New s. 54. 19. The following new section numbered fifty-four is inserted after section fifty-three of the Principal Act, namely:- Provisions "[54.J (1.) Where any tree or hedge obstructs or aresmtooval interferes with the construction, maintenance, or working &c. of of any main transmission line or other electric line which torbesetsr, u&ctci.n,g is being constructed or is owned by an Electric Authority, lines. or will interfere with the maintenance or working of

ELECTRICITY. 1938. Electric Light and Power Acts Amendment Act. such a line, the Electric Authority may give notice to the owner or occupier of the land on which the tree or hedge is growing requiring him to lop or cut it so as to prevent the obstruction or interference, subject to the payment to him by the Electric Authority of the expenses reasonably incurred by him in complying with the notice: Provided that, in any case where such a notice is served upon a person who, although the occupier of the land on which the tree or hedge is growing, is not. the owner thereof, a copy of the notice shall also be served upon the owner thereof, if known. (2.) If within twenty-one days from the giving of such notice the requirements of the notice are not complied with, and neither the owner nor occupier of the land gives such a counter-notice as is hereinafter mentioned, the Electric Authority may cause the tree or hedge to be lopped or cut so as to prevent such obstruction or interference as aforesaid. (3.) If within twenty-one days from the giving of such notice the owner or occupier of the land on which the tree or hedge is growing gives a counter-notice to the Electric Authority objecting to the requirements of the notice the matter shall, unless the counter-notice is withdrawn, be referred to the Commission which, after giving the parties an opportunity of being heard, may make such order as it thinks just, and any such order may empower the Electric Authority (after giving such reasonable previous notice to any person by whom such counter-notice was given of the commence- ment of the work as the order may direct) to cause the tree or hedge to be lopped or cut so as to prevent such obstruction or interference as aforesaid, and may determine any question as to what compensation, if any, and expenses are to be paid. (4.) The Electrlc Authority shall issue instructions to its officers and servants with a view to securing that trees and hedges shall be lopped or cut in a woodmanlike manner and so as to do as little damage as may be to trees, fences, hedges, and growing crops, and shall cause the boughs lopped to be removed in accordall( ~ e with the d"rections of the owner or occupier, and shall make good any damage done to the land. 17015

17016 ELECTRICITY. Electric Light and Power Acts Amendment Act. 2 GEO. VI. No. 7, 1938. (5.) Any compensation or expenses payable to the owner or occupier by the Electric Authority under this section shall be recoverable on the decision of the Commission. (6.) Where for the purpose of the construction or maintenance of a transmission line it is necessary to fell any trees, this section shall apply to the felling of trees in like manner as it applies to the lopping of trees." --- .. - - ~ - - - - - - FAIR RENTS. See LANDLORD AND TENANT. FRIENDLY SOCIETIES. See SOCIETIES. FRUIT MACHINES. See VAGRANTS. GAMING. See VAGRANTS. HEAVY VEHICLES. See TRANSPORT. INCOME (STATE DEVELOPMENT) TAX. See LABOUR. INDUSTRIAL CONCILIATION AND ARBITRATION See LABOUR.