Gas Acts Amendment Act of 1964 (Qld)

251 (Qtzeenslanar ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 27 of 1964 An Act to Amend "The Gas Acts, 1916 to 1952 ," in certain particulars [ASSENTED TO 14TH APRIL, 1964] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title . This Act may be cited as " The Gas Acts Amendment Act of 1964." (2) Principal Act. " The Gas Acts, 1916 to 1952," are in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Gas Acts, 1916 to 1964."

252 Gas Acts Amendment Act of 1964, No. 27 2. Amendments to s. 3 . Section three of the Principal Act is amended by- (a) inserting before the definition " Gas company " or " company " the following definitions:- " " Appliance "-Any device which uses gas to produce light, heat or power; " Area "-The district being part of the State, in relation to which a gas company has been granted a franchise under this Act, or by any other Act, to establish and maintain a gas undertaking; " Carburetted water gas "-Inflammable gas produced by the interaction of steam and hot coke and which has had its heating power increased by the admixture of gases of petroleum or other origin; " Coal gas "-Includes all inflammable gases produced by the thermal treatment of coal; " Fittings "-Includes any illumination fixtures, boiling rings, grillers, cookers and appliances of every description by which gas is consumed; " Franchise "-The right to establish and maintain a gas undertaking within or for an area; " Gas "-Includes carburetted water gas, coal gas, oil gas, producer gas, water gas, tempered liquefied petroleum gas, liquefied petroleum gas, natural gas, refinery gas, reformed refinery gas and a mixture of the above gases or of any two or more of them;"; (b) omitting the definition " Gas company " or " company " and inserting in its stead the following definitions:- " " Gas company " or " company "-A person supplying gas through pipes for lighting, heating, motive power or other purposes to premises within the State, with a view to profit. The term includes a Local Authority so supplying gas but does not include a person or authority, so supplying gas, on behalf of the Crown; Gas undertaking "-The business of supplying or of manufacturing and supplying gas through underground pipes to consumers; Ground "-Includes stones, soil, pavement or material of any footway, and the roadway of any street; " Justice " or "justices "-A justice or justices of the peace for the State; " Lamp "-Any lamp whether on a post or affixed to a building, lamp-post, pillar, pilaster, wall or lamp-iron; " Liquefied petroleum gas " or " L.P. gas "-A liquid which is a mixture of hydro-carbons basically consisting of butanes or butylenes or propane or propylenes or a mixture of all or any two or more of them;"; (c) omitting the definition " Local Authority " and inserting in its stead the following definition:- Local Authority "-A Local Authority constituted under " The Local Government Acts. 1936 to 1963," and in relation to the City of Brisbane or any part thereof, includes the Brisbane City Council;";

Gas Acts Amendment Act of 1964, No. 27 253 (d) omitting the definition " Minister " and inserting in its stead the following definitions:- " Minister "-The Minister for Mines and Main Roads of Queensland or such other Minister of the Crown for the time being charged with the administration of this Act; " Natural gas "-Gas consisting primarily of hydrocarbons, and obtained from bore-holes or from crude oil; " Oil gas "-Gas manufactured from petroleum or other oil by thermal, catalytic or other process but not including liquefied petroleum gas; " Pipe "-Any main, main pipe, service pipe, stopcock, watercock, syphon, plug, branch, apparatus or conduit; " Place "-Any land, building, house, shop, factory, vessel within any harbour, river or other waters, caravan, vehicle, aeroplane or premises whatsoever;"; (e) inserting after the definition " prescribed " the following definitions:- " Private way "-Any private way, private land, private building, private passage or private grounds; " Producer gas "-Gas manufactured by the action of air on hot coke; " Public purposes "-The lighting with gas of any street or place under the control of a Local Authority or other authority having the control direction or superintendence of streets or of any church or other place of worship or any building belonging to or subject to the control of a Local Authority or public authority or any theatre or other place to which the public have access;"; (f) inserting after the definition " Regulations " the following definitions:- " Street "-Any street, road, highway, lane, way, bridge, passage or other public place; " Tempered liquefied petroleum gas "-Gas manufactured by mixing liquefied petroleum gas with air; " Water gas "-Gas manufactured by the action of steam on hot coke;"; (g) omitting the definition " This Act ". 3. Amendment to s. 4 . Section four of the Principal Act is amended by adding the words " or which propose to establish and maintain a gas undertaking within or for any district of the State ". 4. Amendment to s. 18 . Section eighteen of the Principal Act is amended by in subsection (1), inserting after the words this Act " where those words first appear, the words " other than Schedule IV ". 5. Amendments to s. 21 . Section twenty-one of the Principal Act is amended by adding to the second paragraph the following sub-paragraphs:- (vii) Prescribing forms to be used for the purposes of this Act; (viii) Prescribing fees to be paid under this Act and the purposes for which such fees are payable."

254 Gas Acts Amendment Act of 1964, No. 27 6. Amendments to s. 22 . Section twenty-two of the Principal Act is amended by, in subsection (I)- (a) inserting after the word "Act " the words ", or for enforcing a forfeiture incurred under this Act,"; (b) omitting the words as " The Justices Acts, 1886 to 1909 " " and inserting in their stead the words " " The Justices Acts, 1886 to 1964 " ". 7. Additional sections of Principal Act. The Principal Act is amended by adding the following sections:- " [23.] Application for a franchise . (1) Any person who proposes to establish and maintain a gas undertaking within or for any district of the State shall- (a) make written application to the Minister for a franchise in relation to that district; and (b) cause to be published in a newspaper circulating within the district in respect of which application under this section has been made and in one of the principal newspapers circulating in and around Brisbane, as often as the Minister may direct, a notice that application has been made under this section. (2) A notice referred to in subsection (1) of this section shall- (a) be in a form approved by the Minister; and (b) state that an application has been made under this section of this Act; and (c) state the nature of the application; and (d) define the district in respect of which the application has been made; and (e) indicate that any objection to the granting of a franchise under this section must be lodged with the Minister no later than a date fourteen clear days after the last date of publication of the notice which last-mentioned date shall be specified therein; and (f) bear a signature of, or on behalf of, the person who has made the application and a date of the affixing of such signature; and (g) contain any other particulars which the Minister may in any case direct.. (3) If any person desires to object to the granting of a franchise to any other person he 'shall do so by making written application to the Minister for a similar franchise for the same district as that in respect of which such other person has made application or to include such district or part thereof. Every such application shall be lodged with the Minister no later than fourteen clear days after the last date of publication of the notice referred to in subsection (2) of this section. (4) The Minister shall cause every application to be thoroughly investigated and, upon completion of such investigation or investigations, shall recommend to the Governor in Council to which applicant a franchise in relation to the district concerned should be granted. The Governor in Council may, by Order in Council, grant a franchise in accordance with the Minister's recommendation, or otherwise, or may refuse to grant any franchise, as he shall deem fit. (5) Subject to section twenty-five of this Act, as long as a franchise remains in force, no other franchise shall be granted in relation to the same area as that included in the firstmentioned franchise, or in relation to any part thereof.

Gas Acts Amendment Act of 1964, No. 27 255 (6) The holder of a franchise may do all things which he is empowered by this Act to do or which he may otherwise lawfully do and which he considers to be necessary to the establishment or maintenance of a gas undertaking within or for the area in relation to which the franchise was granted, or any part thereof. [24.] Offences in relation to gas undertakings . (1) No person shall- (a) establish or maintain a gas undertaking within or for any area; or (b) supply gas through underground pipes to any consumer within an area, unless he is the holder of a franchise granted under this Act or by any other Act in relation to that area. (2) The provisions of subsection (1) of this section do not apply to a person who- (a) establishes or maintains a gas undertaking for the exclusive purpose of supplying gas to the holder of a franchise granted under this Act, or by any other Act, or who supplies gas to such a holder; or (b) being authorized by the Governor in Council by Order in Council to supply a particular type of gas to a particular consumer within an area for a purpose specified in such Order in Council supplies that type of gas to that consumer for that purpose during the continuance in force of such Order in Council. (3) When it appears to the Governor in Council that the holder of a franchise granted under this Act, or by any other Act, in relation to an area is unable or unwilling to supply a particular type of gas to a particular consumer within that area at a price acceptable to that consumer the Governor in Council may, by Order in Council, authorize any person to supply that type of gas to that consumer for the purpose specified in such Order in Council. (4) Any person who contravenes a provision of this section commits a continuing offence against this Act and is liable to a penalty of one hundred pounds and in addition to a penalty of fifty pounds for each day during which such contravention continues. [25.] Cancellation of franchise . (1) Should the holder of a franchise granted under this Act fail to make such progress in the establishment of a gas undertaking within or for the area in relation to which the franchise was granted as, in the opinion of the Minister, is satisfactory, the Minister may, by writing, call upon such holder to show cause within one month of the date of such notice why his franchise should not be cancelled. (2) If, within the aforesaid period of one month, the holder of the franchise concerned does not show cause, to the satisfaction of the Minister, why his franchise should not be cancelled, the Minister may- (a) by notice published in a newspaper circulating in the area in relation to which the franchise was granted and in one of the principal newspapers circulating in and around Brisbane, call for applicants desirous of establishing a gas undertaking within or for the area concerned; and

256 Gas Acts Amendment Act of 1964, No. 27 (b) upon completion of all necessary investigations, recommend to the Governor in Council to which applicant a franchise in relation to the area concerned should be granted; and (c) recommend to the Governor in Council that the franchise already granted in relation to the area concerned be cancelled. (3) Upon a recommendation made by the Minister under this section, the Governor in Council- (a) may grant a franchise in accordance with the Minister's recommendation, or otherwise, or may refuse to grant a franchise ; (b) if he grants a franchise pursuant to paragraph (a) of this section, shall cancel the franchise already granted in relation to the area concerned. [26.] Applications for franchise in lieu of cancelled franchise . (1) Every applicant who applies for a franchise consequent upon a notice published in accordance with the provisions of section twenty-five of this Act, shall make application to the Minister in accordance with the provisions of section twenty-three of this Act. (2) Every such application and every objection thereto shall take the same form as, and be treated in every respect as if it were, an application or, as the case may be, an objection, under section twenty- three of this Act and shall be subject to the provisions of that section. accordingly except that every such application and objection shall be in respect of or include the whole of the area in relation to which the franchise liable to be cancelled was granted. [27.] Effect of cancellation of franchise . (1) When a franchise has been cancelled under section twenty-five of this Act the person who was, immediately prior to such cancellation, the holder of such franchise shall cease to be the holder of a franchise granted under this Act in relation to the area concerned. (2) The person who was, immediately prior to such cancellation, the holder of such franchise shall be entitled to compensation to be paid by the person who is the holder of the franchise granted in lieu of the franchise so cancelled. Compensation shall be payable in respect of the value of any work reasonably done and any asset reasonably acquired in the course of and for the purpose of the establishment of the gas undertaking concerned prior to such cancellation which work or asset is made use of or taken over by the person to whom a franchise is granted in lieu of the franchise so cancelled, and such value shall be assessed as at the date of such cancellation: Provided that in no case shall the compensation payable in respect of any such work or asset be in excess of the amount paid or agreed to be paid for the doing of such work or the acquisition of such asset by the person entitled to compensation or, as the case may be, by any previous holder of a franchise in relation to the area in question. (3) If within six months after the date of cancellation of any franchise there is no agreement between the holder of the franchise granted in relation to the area concerned and the person who was, immediately prior to such cancellation, the holder of the franchise granted in relation to that area with respect to the amount of compensation payable under

Gas Acts Amendment Act of 1964 , No. 27 257 this section, the Minister may refer the question of such compensation to a gas referee whose determination in respect thereof shall be final and binding on such holder and such person. ' Every such determination shall be filed in the Supreme Court of Queensland and may be enforced as a judgment of that court. [28.] Restriction on disposal of gas undertaking . The holder of a franchise granted under this Act shall not sell or otherwise dispose of such franchise or the gas undertaking established or maintained by him pursuant thereto without the approval of the Governor in Council first had and obtained. If such an approval is given to any sale or other disposition of a franchise or a gas undertaking established or maintained pursuant thereto then, upon completion of such sale or other disposition the person to whom such franchise or gas undertaking is sold or disposed of shall be deemed to be the holder of a franchise granted under this Act in relation to the area concerned. Any purported sale or other disposition of a franchise or gas undertaking in contravention of this section shall be null and void and shall render the franchise concerned or pursuant to which that undertaking is maintained liable to be cancelled in accordance with this Act. [29.] Mode of granting franchise or approving disposal of gas undertaking . Every grant of a franchise under this Act, every cancellation of such a franchise and every approval given under section twenty-eight of this Act shall be by way of Order in Council. Every such Order in Council shall be published in the Gazette and upon such publication judicial notice shall be taken of such Order in Council and of the grant, cancellation or approval to which it relates. Every such Order in Council shall be laid before the Legislative Assembly within fourteen sitting days after its publication in the Gazette if the Legislative Assembly is in session and, if not, then within fourteen sitting days after the commencement of the next session. If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Order in Council has been laid before it disallowing the same that Order in Council shall thereupon cease to have effect but without prejudice to the validity of anything done thereunder in the meantime or to the making of a further Order in Council. [30.] Provisions applicable to a gas undertaking . The provisions set forth in Schedule IV to this Act shall apply with respect to the establishment and maintenance of a gas undertaking under this Act. In a particular case, if the Governor in Council deems it necessary or desirable for the effectual establishment or maintenance of a gas undertaking under this Act, the Governor in Council may, by Order in Council rescind, amend. modify or add to any one or more of the provisions of the said Schedule: Provided that this provision shall not be construed to provide for the rescission of Schedule IV to this Act and the substitution therefor of a new Schedule either generally or in a particular case. If the Governor in Council exercises a power conferred by this section then, in that particular case , the provisions set forth in Schedule IV to this Act as so amended, modified or added to, shall apply to the establishment and maintenance of the gas undertaking concerned." 9

258 Gas Acts Amendment Art of 1964, No. 27 8. New Schedule IV. The Principal Act is amended by adding thereto the following Schedule:- "SCHEDULE IV (Section 30) Provisions applicable to the establishment and maintenance of a gas undertaking. 1. Meaning of term " holder " . In this Schedule the term " holder" means the holder for the time being of a franchise granted under this Act. 2. Power to manufacture gas. The holder may enter upon and continue the manufacture of gas and such other materials as arise from the conversion and manufacture of the residuum occasioned by the production of gas, and the processes connected therewith, by means of any apparatus or other appliances, and by any process, art or invention now or hereafter to be known or used, and from any substance that now is or may hereafter be used for such purposes, subject to the provisions and restrictions hereinafter in this Schedule contained. 3. Limited power to acquire land, &c . The holder may, notwithstanding any statute or law to the contrary, and notwithstanding any provision in this schedule contained, purchase or acquire, take, hold and enjoy, for any estate, term of years or interest, such lands, buildings, works, pipes and appliances as he may think requisite for any of the purposes of this Act. 4. Power to convey property to holder . Any person who is otherwise competent, may grant, bargain, sell, alien and convey, assure and dispose of, unto the holder for the purposes aforesaid, or any of them, any such lands, buildings, works and other estate aforesaid. 5. Power of holder to dispose of unwanted land. The holder may sell and dispose of, and by deed or deeds, instrument or instruments, grant and convey, transfer or assign, by way of absolute sale in fee-simple, or for any less estate, for a valuable consideration, all or any part or parts of the said lands which shall have been so purchased or acquired, and which shall not be wanted for the purposes of this Act, and upon payment of the purchase money which shall arise on such sale or sales or of any part or parts thereof, the holder or a person on his behalf may sign and give a receipt or receipts for the money for which the same shall be sold, which receipt or receipts shall be a sufficient discharge or sufficient discharges to any person or persons for the moneys therein expressed to be received. 6. Restriction on execution against property of holder . No creditor of the holder, or other person, shall by reason of any covenant, judgment, execution, distress or other process authorised by this Act or by or under any law, title or pretence whatsoever, or, in the case of a body corporate being the holder, by its articles of association, levy or seize in execution, or in any way attempt to recover the payment of any sum or sums of money due or payable to him from the holder, by taking or removing any of the pipes, appliances, fittings or lamps of the holder laid, placed or running in, under or through any street in the area concerned, or in any place not being in the actual occupation of the holder. 7. Power of salaried officers to hold shares in body corporate. In the case of a body corporate being the holder, all salaried officers of the body corporate shall be competent to hold any share or shares, estate or interest in the capital, stock, funds or property thereof, either solely or jointly for themselves or in trust for any other person or persons.

Gas Acts Amendment Act of 1964, No. 27 259 8. Authority to dispense with corporate seal. In the case of a body corporate being the holder, it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the body corporate, and any person duly authorised and empowered under the corporate seal may, without such seal, execute any deed and do all otheracts, matters, and things which may be required to be executed and done on behalf of the body corporate and in conformity with the provisions of this Act and with the articles of association of such body corporate. 9. Power to secretary and officers of body corporate to act. In all cases in which by any Act or by any rule or order of any court now or hereafter to be in force in Queensland, the plaintiff or defendant in any action, suit or proceedings, or any creditor in any insolvent or bankrupt estate, or any person being a party to or interested in any process or proceedings whatsoever, is or shall be authorised, empowered or required to make any affidavit or to sign or present any petition, or to do any other act it shall be lawful for the secretary or other authorised officer or agent of a body corporate, when it is the holder (where the body corporate shall be such plantiff, defendant or creditor, or be a party to or otherwise interested in any process or proceedings whatsoever as aforesaid), for or on behalf of the body corporate, to make such affidavit, sign or present any such petition, or do such other act as aforesaid. 10. Quality of gas. The holder shall supply gas of such heating power, purity, and pressure as may be from time to time prescribed by the provisions of this Act. 11. Restricted power to erect gasometer and to break up ground. (1) Within the area in relation to which he is the holder, the holder may, subject to the provisions and restrictions contained in subclauses (2) and (3) of this clause, by his servants, agents or workmen, and others, from time to time erect, sink, cut, lay, place and fix such retorts, gasometers, receivers, buildings, fixtures, engines, cisterns, machines, drains, sewers, watercourses, pipes, reservoirs and other apparatus, works and devices of such construction and in such manner as the holder shall think necessary or proper for carrying the objects and purposes of the holder and of this Act into execution, and also, subject to the provisions of this Schedule hereinafter contained, break up and cut into and remove the ground of any street, or any part of it, and erect posts, pillars, pilasters, lamp-irons, lamps and other apparatus in, upon or under the same street, or against any wall or walls erected or, or adjoining to it, and dig and sink trenches, pits and drains, and lay and place meters, pressure regulating governors, and pipes, and put and place pipes in, under, across and along streets, and also, with the consent of the owners or occupiers thereof, in, under, across and along any private ways, and other places in such manner as shall be necessary for the purpose of carrying this Act into execution, or supplying any such gas as aforesaid, and from time to time alter the position of, and repair, relay and maintain such pipes laid in, upon or under any street, or other place or private way by the holder by virtue of this Act, into or through any place or private way for the purpose of lighting the same, or any other public or private lamp or lamps from any such pipes, and erect and set up any machine or other apparatus necessary or requisite for securing to any place or private way a proper and competent supply of gas, or for measuring and ascertaining the extent of such supply, and also alter and amend any bad or imperfect work which shall have been piaced or any work which shall be injured or damaged in any such place or private way, and do all such other acts,

260 Gas Acts Amendment Act of 1964, No. 27 matters and things as the holder shall from time to time think necessary or convenient for completing, amending, repairing, improving, supplying and using the same, and for carrying into effect the purpose and meaning of this Act, provided a proper compensation be made for any damage done thereby. (2) The holder shall not erect or re-erect or alter or add to any gasometer, except in accordance with plans which have first been approved in writing by the Local Authority, and shall not erect or re-erect a gasometer except on a site which has first been approved in writing by the Local Authority. (3) The holder shall not break up, cut into or remove the ground of any street save in such part thereof as shall be approved by the Local Authority, or lay any pipe therein at a less depth than the prescribed minimum depth. The prescribed minimum depth shall be measured from the top of the pipe to the surface and shall be two feet or such depth less than two feet as the Local Authority may approve (it being hereby declared that the Local Authority may so approve either generally or in relation to any particular case). Where the Local Authority shall have supplied to the holder information respecting the permanent level of any street, its surface shall, for the purpose of this subsection, be ascertained according to such permanent level. 12. Power of holder to enter and inspect any place. Within the area concerned the holder may either by himself or his agents, surveyor or other officer appointed for that purpose, at all reasonable times, and as often as he shall think necessary, enter any place to which the holder supplies gas and inspect and examine all pipes relating to the supply or consumption of gas in any place in the occupation or possession of any person with whom the holder shall at any time enter or have entered into any contract or agreement for the supply of gas, and repair or replace such pipes and lamps relating to the supply or consumption of gas in all respects, if necessary, and take account of the number of cubic feet of gas consumed under all or any of such contracts or agreements as aforesaid, and compare the amount so ascertained to be consumed with the tenor and nature of the contract in relation to such supply and consumption, and to regulate the same in accordance therewith, and for any other lawful and reasonable purpose consistent with and relating to any contract lawfully entered into by the holder. 13. Power of holder to inspect fittings and to order removal thereof. Within the area concerned the holder or his duly authorized surveyor or employees may inspect and examine at all reasonable times any gas fittings or works which shall have been made, erected or put up by any person with whom the holder shall have contracted for the supply of gas; and if the holder or such surveyor or other employee shall consider any such gas fittings or works to be incomplete or otherwise defective, the person so contracting with the holder and having erected and put up such fittings or works shall not be entitled to call on the holder for the fulfilment of any contract for the supply of gas until such fittings and such works shall have been repaired or altered or removed, and other fittings and works substituted in lieu thereof, to the satisfaction of the holder or the surveyor or other employee of the holder inspecting the same.

Gas Acts Amendment Act of 1964, No. 27 261 14. Power of holder to contract for the supply of gas. Subject to this Act, within the area concerned the holder may contract with the Local Authority or the person or authority having the control, direction or superintendence of the streets or any of them, for supplying the same with gas, and may also contract with any person for supplying with gas any such person, or any private way or place belonging to him or in which he is interested or over which he has the direction or control, and may also contract with any person whomsoever for lighting or supplying with gas any streets, private ways or places whatsoever in such manner and under such stipulations as the holder shall think proper, consistent with the powers contained in this Act, and in the case of a body corporate being the holder, consistent also with the powers contained in its articles of association. 15. Power of holder to lay pipes from main pipes . Within the area concerned the holder may, subject to the provisions herein contained, from time to time carry, fit up and furnish pipes from any main pipes in any street laid by or belonging to the holder, in or through any place or private way for the purpose of lighting the same , or any public or private lamps, with the consent of the owner and occupier of such place or private way. 16. Notice of intention before breaking up ground . Within the area concerned, the holder shall not break up or take up or remove any of the ground in any street for the purpose of laying down or repairing any main pipes, or of altering the position of or inspecting any main pipes, unless notice , in writing, of his intention (which in the case of a body corporate shall be signed by the secretary thereof or other authorized officer) to so do specifying the street and the particular part thereof intended to be broken, taken up or removed, shall have been given to the clerk of the Local Authority or other person or authority having control, direction or superintendence of such street, or shall have been left for such clerk at his public office, at least twenty-four hours before such ground or any part thereof shall be so broken; taken up or removed, except in cases of emergency arising from defects in any of the pipes or in any other case of great emergency, when such notice shall be given as soon as possible after such ground, or any part thereof shall be broken, taken up or removed. Except in case of emergency as aforesaid, the holder shall only break up or take up or remove any of the ground in any street for the purposes aforesaid or any of them on such days and at such times as the Local Authority or person or authority having control, direction or superintendence of such ground shall from time to time reasonably direct. 17. Duty of holder to reinstate ground broken up . When and so often as the holder shall have lawfully broken, taken up or removed the ground in or of any street or any part thereof, the holder shall and he is hereby required immediately thereafter to reinstate and make good such ground, to the satisfaction of the Local Authority or person or authority having the control, direction or superintendence of such ground; and the holder shall carry or cause to be carried away all the surplus earth, filth and rubbish occasioned thereby at his own cost and charges; and during the time that such works are being carried on, and until such ground is reinstated as aforesaid, the holder shall provide necessary lights at night and otherwise guard the said works so as to prevent any damage or inconvenience happening to persons, cattle, vehicles or other property; and in case the holder shall make default in reinstating such ground, as aforesaid, or removing any earth, filth or rubbish occasioned thereby, or in placing or setting up such lights at night, and otherwise

262 Gas Acts Amendment Act of 1964, No. 27 guarding the said works so as to prevent accidents to persons, cattle, vehicles and other property, then and in every such case it shall be lawful for the Local Authority or person or authority having such control, direction or superintendence as aforesaid to reinstate such ground, and carry away all earth, filth and rubbish occasioned thereby, and during the time that such works are being carried on to do all other such things as the holder should have done under this Act; and the expenses thereof shall be repaid by the holder to the Local Authority or person or authority so reinstating the same, and in default of payment thereof within twenty-eight days next after demand therefor, in writing, shall have been made by the Local Authority or such person or authority as aforesaid (proof being made thereof by the oath of one credible witness before one or more justices of the peace), all such expenses so paid, together with any sum not exceeding twenty shillings by way of penalty, shall and may be levied and recovered for the use of the Local Authority or such person or authority as aforesaid by distress and sale of the goods and chattels of the holder, except as hereinbefore in this Act, provided together with the charges of such distress and sale, by warrant under the hand or hands of any such justice or justices, who is and are hereby empowered to grant the same. 18. Duty of Local Authority , &c., to give information as to levels. A Local Authority or person or authority having control, direction or superintendence of any street may, at any time, and, within fourteen days after receipt of a notice in that behalf from a holder in relation to the area in which such street is situated, shall, supply to such holder full information concerning the permanent levels of such street and the holder may lay his pipes and fix his lamps so as to accommodate them to the said permanent levels. If a Local Authority or such person or authority neglect or fail to supply such information, and shall, at any time, after the holder has laid his pipes or lamps as aforesaid, change any of the permanent levels aforesaid so as to raise or sink or otherwise alter the situation, line or direction of any of such pipes or lamps, the holder may accordingly sink, raise or otherwise alter the situation, line or direction of his pipes or lamps and the reasonable expenses of his so doing shall forthwith be paid by the Local Authority or person or authority aforesaid and, in default of payment of the same, may be recovered and levied by the holder in such manner as penalties and forfeitures imposed by this Act may be recovered and levied. 19. Local Authority, & c., may give notice of intention to alter levels. The Local Authority or person or authority having control, direction or superintendence of streets, may give to the holder notice of intention to alter the level of any street, and require the holder to forthwith vary his pipes so that they shall conform to the provisions of clause 11 of this Schedule, and if the holder does not comply with any such requisition within the time specified in such requisition the Local Authority or person or authority as aforesaid may by its officers, servants or contractors, proceed to vary any of the holder's pipes as may be necessary. The expenses necessarily or reasonably incurred in varying such pipes shall be borne and paid by the Local Authority, or, as the case may be, person or authority as aforesaid.

Gas Acts Amendment Act of 1964, No. 27 263 20. Local Authority, & c., to make good damage to pipes of holder by varying the same. I f by varying any of the said pipes of the holder any damage or injury shall be done to the same by the Local Authority or such person or authority as aforesaid, or by any officers, servants or contractors of any of the same, such damage or injury shall be made good to the holder, and the costs, charges and expenses thereof shall be made good to him, on demand, by the Local Authority or person or authority as aforesaid, and recovered in the same manner as forfeitures and penalties imposed by this Act are directed to be levied and recovered. 21. Pipes not to be laid without consent of the holder . Any person who lays any pipe to communicate with any pipe belonging to the holder without the consent in writing first had and obtained of the holder or, in the case where a body corporate is the holder, of the secretary or surveyor of the body corporate or other person duly authorized by the body corporate in that behalf, or who uses burners of larger dimensions or in any other manner consumes more gas than he has contracted to pay for, or who supplies any other person with any part of such gas, commits a continuing offence against this Act and is liable to a penalty not exceeding two pounds for every day such pipes so remain or such excess be consumed or such supply be furnished. The amount of any penalty imposed in respect of an offence under this clause shall, upon recovery, be payable to the holder. 22. Satisfaction to holder for damage to pipes, &c. If any person does or causes to be done any injury or damage to any pipe of the holder either by removing or disturbing the ground, whereon or wherein the same is laid or placed, or by the compression or subsequent settling or lowering of the same at any time or times afterwards, or by any other means whatsoever, or if any person wilfully removes, destroys, or damages any, or any part of any, pipe, post, lamp matter or thing belonging to the holder, or wilfully wastes or improperly uses any of the inflammable air or gas supplied by the holder, or alters, exchanges or removes the burners belonging to the holder from the pipes of supply, such person commits an offence against this Act and is liable to a penalty not exceeding in the aggregate five pounds plus three times the amount of damage done as assessed by the court hearing the matter. The amount of any such penalty and damages imposed or ordered to be paid under this section shall, upon recovery, be payable to the holder. 23. Satisfaction to holder for damage to lamps, &c. Any person who breaks, destroys, throws down, damages or injures any lamp hung out or set up by or belonging to the holder or by or to any person at his own expense, or any part of any pipe, pillar, pedestal, lamp-post, lamp-iron, matter or thing set up by or belonging to the holder, or belonging to any person and set up by him at his own expense, or negligently or accidentally wastes any of the inflammable air or gas supplied by the holder, or who keeps the light or lights burning for a longer time than he shall have contracted to pay for, and does not, upon a demand by the holder or other person authorized by him, make satisfaction for the damage done, for the excess of gas so wasted or used, or for keeping the lights burning longer than he shall have contracted for as aforesaid, shall be liable to pay such sum of money, not exceeding ten pounds, by way of satisfaction to the holder or to such other person (as the case may require) for such damage or excess or waste as the court hearing the matter may order.

264 Gas Acts Amendment Act of 1964, No. 27 24. Duty to prevent escape of gas. When any gas is found to be escaping from any of the pipes which are laid down in any street, the holder being the owner of such pipe, shall, immediately after he becomes aware of such escape, cause the most speedy and effectual measures to be taken to stop such gas from escaping; and in case the holder shall not, within forty-eight hours after so becoming aware, effectually stop such escape then, and in every such case, the holder commits an offence against this Act and is liable to a penalty not exceeding five pounds for each day after the expiration of forty-eight hours from the time of his so becoming aware during which he suffers the gas to escape as aforesaid. 25. Duty to prevent contamination of water . Whenever the water which may at any time hereafter be supplied for the use of the inhabitants of an area is contaminated or affected by gas produced by the holder, and the holder does not, within forty-eight hours after he becomes aware of such contamination or affection effectually prevent all and every such contamination or affection the holder shall forfeit and pay to the Local Authority, or other water supply authority concerned, a sum not exceeding ten pounds for each day after the expiration of forty-eight hours from the time of his so becoming aware during which the water shall remain contaminated or affected by the gas produced by the holder. 26. Power of Local Authority to search for cause of contamination of water . In case a question shall arise whether the water be contaminated or affected by the gas produced by the holder, it shall be lawful for the Local Authority, or other water supply Authority concerned, and for any person duly authorised by it in that behalf, to dig to and about and search and examine the pipes of the holder for the purpose of ascertaining whether such contamination proceeds from or is occasioned by gas produced by the holder; and if it shall appear that the said water has been contaminated by any such gas, the costs and expenses of such digging, search, examination and repair of the ground which shall be taken up and disturbed shall be borne and paid by the holder, but otherwise such costs and expenses shall be borne and paid by the Local Authority or other water supply authority, as the case may be, which also shall pay to the holder damages in respect of any damage occasioned to the pipes of the holder by such digging, search, examination and repair. The amount of the costs and expenses to be paid under this clause shall, if necessary, be determined and recovered in the manner prescribed by this Act for the levying and recovery of forfeitures and penalties. 27. Power to cut off gas supply . If any person who contracts or agrees with the holder, to take, or who uses gas in any place fails for the space of seven days after demand made upon him by the holder to pay the sum of money then due for the same to the holder according to the terms and stipulations of his contract or agreement with the holder, the holder may, in addition, and without prejudice to any right of action of the holder for the recovery of such moneys, cut off and take away the supply of gas from such place, and thenceforth to discontinue the supply of gas to such person. 28. Penalty for obstructing holder ' s workmen . Any person who wilfully hinders or interrupts the holder or his agents, workmen or other employees, or any of them, in lawfully doing or performing any of the works or in exercise of any of the powers and authorities by this schedule granted, or who causes or procures such hindrance or interruption, commits an offence against this Act and is liable to a penalty not exceeding twenty pounds.

Gas Acts Amendment Act of 1964, No. 27 265 Upon conviction for an offence against this clause the offender shall, in addition to any penalty imposed, be ordered to pay the full amount of the damage which, in the opinion of the court hearing the matter, the hindrance or interruption to which the conviction relates has caused to the holder. Any amount of damage ordered to be paid upon a conviction for an offence against this clause shall, upon recovery, be paid to the holder: Provided that the holder may at his option sue for the damage sustained by him through any such hindrance or interruption: Provided further that the holder shall not recover twice in respect of the same damage. 29. Determination of amount of damage , & c., in dispute. Where by this Act any damages, charges or expenses are directed or authorised to be paid or recovered in addition to or as part of any penalty for any offence against this Schedule, the matter of the amount of such damages or charges in case of any dispute respecting the same shall be settled, ascertained and determined by the court by or before which the offender is convicted of such offence. 30. Meth?d of recovery of damages , & c., payable by holder. When, in any proceedings in a summary way under " The Justices Acts, 1886 to 1964," in pursuance of this Act, any sum of money is directed or ordered to be paid by the holder as or by way of compensation or satisfaction for any material or costs, or for any damage, spoil or injury of any nature or kind whatsoever done or committed by the holder or by any person acting by or under his authority, and such sum of money is not paid by the holder to the party or person entitled to receive the same within ten days after demand, in writing, shall have been made upon the holder and in which demand such direction or order shall be stated, such sum of money shall be levied and recovered by action at law against the holder, or by distress and sale of the goods and chattels vested in the holder, except as hereinbefore in this Act provided, under a warrant to be issued for that purpose by a justice of the peace, which warrant any such justice is hereby authorised and required to issue on application made to him for that purpose by the person entitled to receive such sum of money; and in case any surplus shall remain after payment of such sum of money and the costs and expenses of hearing and determining the matter in dispute, and also the costs and expenses of such distress and sale, such surplus shall be paid to the holder. 31. Refusal of holder to supply gas . It shall not be lawful for the holder to refuse to supply gas to any person on the ground alone that such person is using or contemplating the use of any other method of lighting or heating or power in substitution for or in combination with gas. If any person to whom the holder has refused to supply gas alleges that the reason for such refusal is that such person is using or contemplating the use of any other method of lighting or heating or power in substitution for or in combination with gas, such person may make complaint thereof under " The Justices Acts, 1886 to 1964," before any justice of the peace, who may issue a summons to the holder to appear before a Magistrates Court which shall inquire into the matter of such complaint, and if such court is of opinion that the true reason for such refusal of the holder is that such person is using or is contemplating the use of any other method of lighting or heating or power in substitution for or in combination

266 Gas Acts Amendment Act of 1964, No. 27 with gas, it may order the holder to supply and continue to supply such person with gas until just cause to refuse to supply such person with gas shall arise. If the holder fails to comply with such order the holder shall be liable to a penalty of five pounds per day whilst such failure continues. 32. Prohibition of differential rates . If the holder supplies gas to any person he shall supply the same on the same terms on which any other person is entitled under similar circumstances to a similar supply of gas. 33. Saving of rights . Nothing in this Schedule contained shall be deemed to affect or apply to any right, title or interest of Her Majesty, Her heirs and successors, or of a Local Authority or of any other authority or of any other person, except such as are mentioned herein.