Electric Light and Power Acts and Other Acts Amendment Act of 1958 (7 Eliz Ii No. 59) (Qld)

228 ELECTRICITY. Electric Light and Power Acts, Etc., Act. 7 E liz . II. No. 59, been laid before it, that regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of any further regulations. For the purposes of this subsection the term “ sitting days ” shall mean days on which the Legislative Assembly actually sits for the despatch of business. 7 N E O l . iz 5 . 9n. . An Act to Amend “ The Electric Light and Power T he E lectric Acts, 1896 to 1957,” “ The State Electricity L ight and P ower A cts and O ther Commission Acts, 1937 to 1957,” “ The A cts A mendment Regional Electric Authorities Acts, 1945 A ct of 1958. to 1954,” and “ The Southern Electric Authority of Queensland Acts, 1952 to 1954,” each in certain particulars. [A ssented to 12 th D ecember , 1958.] B E it enacted by the Queen’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:— P art I.— P reliminary . P art I. —P reliminary . Short title. 1. This Act may be cited as “ The Electric Light and Power Acts and Other Acts Amendment Act of 1958.” Parts of Act. 2. This Act is divided into Parts as follows :— P art I. —P reliminary ; P art II. —A mendments oe *“ T he E lectric L ight and P ower A cts , 1896 to 1957 ” ; P art III. —A mendments oe f“ T he S tate E lectricity C ommission A cts , 1937 to 1957 ” ; P art IV. —A mendments oe %“ T he R egional E lectric A uthorities A cts , 1945 to 1954 ” ; P art V. —A mendments of §“ T he S outhern E lectric A uthority oe Q ueensland A cts , 1952 to 1954.” P art VI. —G eneral . * 60 V. No. 24 and amending Acts, f 1 G. 6 No. 26 and amending Acts. } 9 G. 6 No. 16 and amending Acts. § 1 Eliz. II. No. 60 and amending Act.

ELECTRICITY. 229 1958. Electric Light and Power Acts, Etc., Act. P art II. —A mendments of *“ T he E lectric L ight and AP maerntdm II e . n — ts P ower A cts , 1896 to 1957.” of “ T he E lectric L ight and 3. This Part II. of this Act shall be read as one S?o m;' with * “The Electric Light and Power Acts, 1896 to 1957,” construction and those Acts and this Part II. of this Act may be of Part n. collectively cited as “ The Electric Light and Power Acts, .. 1896 to 1958.” title 4. Section four of *“ The Electric Lig t/ ht and Power n R rj e rJ Peal of Acts, 1896 to 1957,” is repealed and, in lieu of that s. i of 60 repealed section, the following section is inserted :— vio-No- 24- “ [4.] (1.) A Local Authority, company or person ^PP1^*1011 shall not construct or use any electric line or works or " supply electricity save under the authority of, and subject to and in accordance in every respect with, an Order or a license under this Act. (2.) Subsection one of this section does not apply— (а) To the construction and use of electric lines and works constructed and used exclusively for supplying electricity, and to the supply of electricity supplied exclusively for use as a motive power upon tramways by a Local Authority, company or person authorised to so use electricity under the provisions of Y‘The Tramways Acts, 1882 to 1890 ” ; or (б) Save as prescribed by subsection three or subsection four of this section, to any case in which an electric line is not constructed or used or electricity is not transmitted or supplied beyond the limits of the building or premises in or on which the electricity is generated, and in which no electric line is over, upon, across or under any public road, right of way, railway, river or canal. (3.) In any case mentioned in paragraph (6) of subsection two of this section in which the electric generating plant used is capable of generating electrical energy at a pressure of or greater than two hundred volts, whether direct or alternating current, the Governor in Council may, if in his opinion it is necessary or desirable so to do in order to secure the safety of any * 60 V. No. 24 and amending Acts, f 46 V. No. 10 and amending Act.

230 ELECTRICITY. P art II.— A mendments op “ T he Electric Light and Tower Acts, Etc., Act. 7 E liz . II. No. 59, E lectric L ight and 1P8 o 9 w 6 e TO r 1 A 9 c 57 t . s ” , persons, by Order in Council declare that this Act applies to that generating plant, to all electric lines and works used for any purpose of or connected with the generation by, or the supply of electricity generated by, that generating plant, and to the use and supplying of electricity generated by that generating plant. Upon and from the date of the publication of an Order in Council made under this subsection and thereafter while it continues in force— (a) The owner of the generating plant in question shall not use the same for generating electricity save under the authority of, and in compliance in every respect with the conditions of a license under section 4 a of this Act, the provisions of which section shall, with and subject to all necessary adaptations, apply for the purposes of this subsection and of any Order in Council hereunder; and (b) Neither that owner nor any other person shall use electricity generated by that generating plant save in compliance in every respect with the provisions of this Act. (4.) Nothing in subsection two of this section shall authorise, or be deemed to authorise, the owner of a mine under and within the meaning of *“ The Mines Regulation Acts, 1910 to 1958,” or f“ The Coal Mining Acts, 1925 to 1952,” to supply electricity, or to construct or use any electric lines or works, beyond the limits of the mine in question save under the authority of, and subject to and in compliance in every respect with an Order or license under this Act, or any person to use electricity supplied by such an owner beyond the limits of the mine save in compliance in every respect with the provisions of this Act, and it is hereby declared that, for the purposes of applying the provisions of this subsection with respect to any mining tenement under and within the meaning of %“ The Mining Acts, 1898 to 1955,” or coal mining lease under and within the meaning of f“ The Coal Mining Acts, 1925 to 1952,” or land held under any other tenure whatsoever, whereon * 1 G. 5 No. 24 and amending Acts, f 16 G. 5 No. 30 and amending Acts. { 62 V. No. 24 and amending Acts.

ELECTRICITY. 231 P art II.— A mendments 1958. Electric Light and Power Acts, Etc., Act. of ** T he E lectric L ight and there is any mine under and within the meaning of *“ The 1P8 o 9 w 6 e 1 r 0 x A 9 c 57 t ! s ” , Mines Regulation Acts, 1910 to 1958,” or f“ The Goal Mining Acts, 1925 to 1952,” every part or portion of that mining tenement, coal mining lease or land, save the part or portion thereof which comprises (or in the case of a coal mine would, if *“ The Mines Regulation Acts, 1910 to 1958,” applied thereto, comprise) in relation to the mine in question the place specified in the definition of the term “ Mine ” in section four of *“ The Mines Regulation Acts, 1910 to 1958,” shall be and be deemed to be beyond the limits of the mine.” 5. Section 12 a of J“ The Electric Light and Power ^e“^ent Acts, 1896 to 1957,” is amended by repealing subsection of eo vie. one thereof and inserting, in lieu of that repealedNo-24- subsection, the following subsection :— “ (1.) Where an Electric Authority satisfies the Commission that, having regard to the efficient and economic conduct of its undertaking or, in any case mentioned in paragraph (c) of this subsedtion, the undertaking of some other Electric Authority, and to the public interest, and to such other circumstances as to the Commission shall seem relevant, it Should be permitted to transmit electricity— (a) From any Area or part of an Area, included in its undertaking to another part; of such Area or to some other Area so included ; (b) To any Area or part of an Area included in its undertaking from any Area or part of any Area included in the undertaking of another Electric Authority; or (c) From any Area or part of an Area included in its undertaking to any Area or part of an Area included in the undertaking of another Electric Authority, by means of an electric fine traversing a route wholly or partly outside any Area included in its undertaking then, and in every such case, the Commission may authorise such Electric Authority to construct and * 1 G. 5 No. 24 and amending Acts, t 16 G. 5 No. 30 and amending Acts, t 60 V. No. 24 and amending Acts.

232 ELECTRICITY. P art II.— A mendments of “ T he Electric Light and Power Acts, Etc., Act. 7 E liz . II. No. 59, E lectric L ight and 1P8 o 9 w 6 T e O r 1 A 95 c 7 t . s * , ' utilise an electric line traversing such route ; and it shall be immaterial that such route traverses wholly or partly an Area within which another Electric Authority is authorised to supply electricity.” Amendment 6. Section I 2 b of *“ The Electric Light and Power ooff s 6 . 0 1 V 2 b ic. Acts, 1896 to 1957,” is amended by adding thereto the No. 24. following subsection :— “ (4.) Whenever an easement for a right of way over, along, under or through any land under the provisions of f“ The Real Property Acts, 1861 to 1952,” shall have been acquired by agreement by an Electric Authority for the purposes of any electric line, the Registrar of Titles shall enter a memorial of the instrument creating such easement on the folium of the register book constituted by tne existing grant or certificate of title of such land when such instrument is produced to him for registration, notwithstanding that such easement is not being annexed to or used and enjoyed together with any other land, whether under the provisions of f“ The Real Property Acts, 1861 to 1952,” or not.” Amendment 7. Section 48 a of *“ The Electric Light and Power o60f sV. i4c8. a of Acts, 1896 to 1957,” is amended by repealing subsections No. 24. five, six, seven and eight thereof. P art III.— A mendments of S t “ at T ehe P art III. —A mendments of $“ T he S tate E lectricity E lectricity C ommission C ommission A cts , 1937 to 1957.” A cts , 1987 to 1957.” 8. This Part III. of this Act shall be read as one aoCnfodPnastrrtuIcItIio. n w19i5th7, ” a T n h d e th S o ta s t e e A E c le ts ctr a ic n i d ty th C i o s m P m a i r ss t io I n II. Ac o t f s, th1i9s37Ac to t tciotlllee. ctive m Co a m y m b is e sio c n o A lle c c ts ti , v1e9ly37 t c o it1e9d58a. ” s “ The State Electricity Amendment 9. Section 25 d of the Principal Act is amended by o1fGs. eo2. 5V d Io. f adding thereto the following subsection :— No. 26. “ (8.) (a) The Trustees may establish one common sinking fund (herein referred to as the “ Common Sinking Fund ”) in respect of all moneys borrowed under this Act after the enactment of this subsection. * 60 V. No. 24 and amending Acts. t 25 V. No. 14 and amending Acts. t 1 G. 6 No. 26 and amending Acts.

ELECTRICITY. 233 PART III.—. 1958. Electric Light and Power Acts, Etc., Act. A mendments of “ T he S tate ’ E lectricity (b) The proceeds, including all interest paid and all CA ocmtms , is 1 s 9 io 37 n capital moneys repaid, of investments made from the TO 1957.” Common Sinking Fund shall be paid into that fund, and shall be deemed to be so paid on account of those loans under this Act in respect whereof uninvested moneys stood to the credit of the fund when the investment in question was made proportionately to the amounts respectively of those credits. (c) Sums in excess of the amount to the credit for the time being in the Common Sinking Fund of any loan borrowed under this Act shall not be a pplied by the Trustees from that fund in the repayment, in whole or in part, of that loan. ( d ) Subject to paragraphs ( b) and (c) of this subsection, the provisions of subsections two to six, both inclusive, of this section shall, with and subject to all necessary adaptations, apply with respect to the Common Sinking Fund.” P art IV.— P art IV.— A mendments of *“ T he R egional E lectric A mendments of “ T he A uthorities A cts , 1945 to 1954.” R egional E lectric 10. This Part IV. of this Act shall be read as one AA uctthso , r 1 i 9 t 4 ie 5 s with *“ The Regional Electric Authorities Acts, 1945 to to 1954.” 1954,” and those Acts and this Part IV. of this Act may oCfoPnsatrrtuIcVtio. n be collectively cited as “ The Regional Electric Authorities and Acts, 1945 to 1958.” collective title. 11 . Subsection five of section thirty-nine of *“ The Amendment Regional Electric Authorities Acts, 1945 to 1954,” is 9 Geo. 9 vi! °f amended by inserting therein, after the words “ two N°- 10 - hundred and fifty pounds ”, the words and brackets “ (or such other amount as the Governor in Council may, at any time and from time to time, fix by Proclamation) ”. P art V.— A mendments of ” T he P art V. —A mendments of f“ T he S outhern E lectric e S A uthority of Q ueensland A cts , 1952 to 1954.” authority 12. This Part V. of this Act shall be read as one ^T cts ^ with f“ The Southern Electric Authority of Queensland r 52™1®54- Acts, 1952 to 1954,” and those Acts and this Part V. of of plrtUv!°n this Act may be collectively cited as “ The Southern ^ective Electric Authority of Queensland Acts, 1952 to 1958.” title.0 lve * 9 G. 6 No. 16 and amending Acts, f 1 Eliz. II. No. 50 and amending Act.

234 ELECTRICITY. P art V.— A mofen " dm T ehnets Electric Light and Power Acts, Etc., Act. 7 E liz . II. No. 59,1958. S outhern E lectric A uthority of 13. Section forty-seven of *“ The Southern Electric Q ueaecntssl , and Authority of Queensland Acts, 1952 to 1954,” is amended— 1952 to 1954.’* Amendments (a) By inserting, after the word “ undertaking ” ofs. 47 where that word first appears in subsection four of that Nofo1. 5E0l. iz. II. section, the words “or of the undertaking of any other electric authority ” ; (b) By inserting, after the words “ or to any other area”, where those words appear in subsection four of that section, the words “ or from any other area to any part of the area of supply ” ; and (c) By adding to that section the following subsection:— “ (10.) Whenever an easement for a right of way affecting land under the provisions of The Real Property Acts, 1861 to 1952,” shall have been acquired by agreement by the Authority for the purposes of any electric line, the Registrar of Titles shall enter a memorial of the instrument creating such easement on the folium of the register book constituted by the existing grant or certificate of title of such land when such instrument is produced to him for registration, notwithstanding that such easement is not being annexed to or used and enjoyed together with any other land, whether under the provisions of f“ The Real Property Acts, 1861 to 1952,” or not.” P art YI.— G eneral . P art VI.—G eneral . Approval 14. The Order in Council dated the twenty-sixth raantdification day of June, one thousand nine hundred and fifty-eight, of Order in and published in the Gazette of the twenty-eighth day of Council. June, one thousand nine hundred and fifty-eight, at page one thousand six hundred and eighty-five, is hereby approved and ratified, and shall have the force of law and be carried into effect. * 1 Eliz. 2 No. 50 and amending Act. f 25 V. No. 14 and amending Acts.