Government Electric Works Act 1914 (WA)

WESTERN AUSTRALIA.

ANNO QUINTO

GEORGII QIJINTI REGIS, LVI.

.. .*** ******************** ******** ****************,

No. 29 of 1915.

AN ACT to vest in and impose on the Com- missione • of Railways the powers and obliga- tions of the Government under the Electric Light and Power Agreement Act, 1913, and to enable him to establish and maintain electric works and to supply electricity within defined areas, and for other relative purposes.

[Assented to 17th March, 1915.]

BE it enacted by the King's Most Excellent Majesty, by andLegislative Assembly of Western Australia, in this present Par-with the advice and consent of the Legislative Council and liament assembled, and by the authority of the same, as follows:-

1. This Act may be cited as the Government Electric Works Short title.

Act, 1914.

2. In this Act, subject to the context— Interpretation.

"Commissioner" means the Commissioner of Railways;

"Electric Line" means and includes any wire conductor or other means used for the purpose of conveying, trans- mitting, or distributing electricity with any casing, coat- ing, tube, pipe, or insulator enclosing, surrounding, or supporting the same or any part thereof, and any appa- ratus connected therewith for the purpose of conveying, transmitting, or distributing electricity.

1915, No. 29.] Government Electric Works. [5 GEO. V.

"Electric Works" means and includes electric lines, meters, accumulators, fittings, and apparatus for the supply of electricity, and also any buildings, machinery, engines, or things of whatever description required to generate or supply electricity or to carry into effect the purposes of this Act;

"Government" means His Majesty's Government of Western

Australia;

"Minister" means the Minister for Railways;

"Street" means any square, court, alley, highway, lane, road,

thoroughfare or public place or passage including any

bridge, culvert, or other thing appurtenant thereto;

Powers, obliga-	3.	(1.) The powers and obligations vested in or imposed on
tions, and rights

under Electric	or purporting to be vested in or imposed on the Government by
Light and Power	the Electric Light and Power Agreement Act, 1913, or the agree-
Agreement Act,
1913, vested in	ment set out in the Schedule to that Act, are hereby vested in and
Commissioner.	imposed on the Commissioner.
(2.) The Commissioner shall and may exercise and enforce on behalf of the Government all the rights of the Government under the said agreement.

Commissioner in-	4.	(1.) The Commissioner shall be deemed to be incorporated
purposes of this

corporated for

for the purposes of this Act, and for those purposes may hold

Aet.

lands and other property, and may sue and be sued, and shall have

perpetual succession, and may use his official seal.

(2.) All property held or to be held or acquired for the purposes of this Act shall be vested in the Commissioner, and all such assurances shall be exercised as may be necessary for that purpose.

Power to establish 5. Subject to the Electric Light and Power Agreement Act,

and maintain

1913, the Commissioner may, within such areas as may be from (a) Establish electric works or acquire electric works by pur- chase or otherwise, and generate electricity, and sell or supply electricity and electric meters, fittings, or other apparatus for any lawful purpose to any person or local authority, or to any Government department or agency (State or Commonwealth) ;

alectric works.

time to time defined by proclamation, but subject to the consent of

the local authority having control in any such area

(b) Maintain and carry on such electric works and the elec- tric works mentioned in the Electric Light and Power Agreement Act, 1913;

(c) Make additions to and improvements in any such works

as aforesaid:

Provided that no buildings or other works of a permanent character shall be erected, constructed, or acquired, and no land acquired for the purposes of this Act without the permission of the Minister.

5 GEO. V.] Government Electric Works. [1915, No. 29.

6. For the purposes of this Act and of exercising and di.scharg- Incidental powers.

i.ng the powers, rights, and obligations hereby conferred or im-

posed or made exercisable, the Commissioner may within the are

aforesaid, by himself or by his servants or agents

(i.) For the purposes of this Act enter upon any land, street, or place, and survey and take levels thereof, and dig, fell, remove, and carry away from the land any earth, stone, gravel, sand, or other soil or timber or trees re- quired to be used in constructing or maintaining any electric line or works;

(ii.) Set up or lay down and maintain any necessary electric line or works upon, over, under or through any land or any shore of the sea, street, stream, or water, and at any time alter or remove any such line or works and break, excavate, and remove any soil. to the extent and depth required for placing, altering, or removing any such line or works:

Provided that every electric line crossing above the surface of any street or of any water commonly used for navigation. shall be at least twenty feet from the surface, and that the free use of any land, shore, street, or water shall not be obstructed more than is neces- sary for the purposes of this Act;

Cause any electric line or lamp to be supported by affixing or annexing the same to or against any part of a house, building, or other structure:

Provided that any line, if aerial, and any lamp shall be at least eighteen feet from the surface of the earth on which the house, building, or other structure is situate;

Provided, also, that if the owner of the house, building, or other structure shall rebuild or alter the same. the electric line or lamp shall be removed, and if so required affixed to the new structure, at the cost of the Commis- sioner;

(iv.) Cut down or lop such trees, bushes, and branches as in

his opinion obstruct any electric line;

(v.) For any of the aforesaid purposes break up any street, and open and alter the position of any pipe, sewer, drain or tunnel within or under any street, and alter the posi- tion of any wires (not being wires belonging to the Postmaster General or the Commonwealth) over or under any street;

(vi.) Erect in or on any land or street pillars, poles, standards, lamps, and other things necessary for the purpose of supplying or conveying electricity;

1915, No. 29.] Government Electric Works. [5 GEO. V.

(vii.) Do all such acts and things as he shall reasonably consider necessary for any of the purposes of this Act, and as the Governor shall by Order in Council, published in

the Gazette, approve.

Notice before	7.	(1.) Before the Commissioner proceeds to break up any street
breaking up

streets in	or to open or alter the position of any sewer, drain, or tunnel, or
certain cases.	of any wires, he shall give to the person or local or other auth- ority under whose control or management the same may be, notice in writing of his intention so to do not less than three clear days before beginning the work, except in cases of emergency arising from defects in any of the electric lines or works, in which cases the notice shall be given as soon as practicable: Provided that when the interference with the street, sewer, drain, tunnel, or wires is required for the purpose of connecting any branch elec- tric line to a main which has been previously laid or provided, one clear day's notice shall be sufficient.
(2.) Before the Commissioner proceeds to exercise any of the other powers conferred by paragraphs (r.) to (vi.) of the last preceding section, a like notice shall be given by the Commissioner to the local authority, or the owner or occupier of the land or premises in respect of which such power is to be exercised.

Streets, etc., 8.

When the Commissioner has broken up any street or opened or altered the position of any sewer, drain, tunnel, or wires for the purpose of executing any work, he shall, with all practicable speed, complete such work and. fill in the ground, and re-instate or make good the street, sewer, drain, tunnel, or wires so broken up, opened, or altered in Position, and. carry away any earth, rub- bish, or obstruction arising from his operations; and until such operations are completed and the foregoing provisions complied with, the Commissioner shall take reasonable precautions for the prevention of accidents by causing every opening, heap of earth or rubbish, or other obstruction to be fenced and guarded, and to be well and sufficiently lighted at night-time.

broken up to be

reinstated.

The Commissioner shall indemnify and keep indemnified each and every local authority of and from all actions, claims, pro- ceedings, loss, damage, costs, and expenses for which any such local authority may be liable or responsible or be proceeded against by reason of any acts done or omitted to be done by the Commissioner Or his servants or persons on his behalf under this Act or in con- nection with any of the matters herein referred to.

Application of 9.

Any electric works authorised by or under this Act shall be deemed to be public works within the meaning of the Public Works Act, 1902, and the Commissioner shall be deemed to be a Minister of the Crown authorised to undertake, construct, and. provide a public work within the meaning of that Act, and such Act shall, subject to this Act, apply to and in respect of him accordingly, and for the purposes of this Act the Commissioner may exercise any such powers as are by the aforesaid Act vested

Public. Works

Act, 1902.

5 Cino. V.] Government Electric Works. [1915, No. 29

in the Minister for Works -for the construction and maintenance

of public works.

10. In the exercise of the powers conferred by this Act, the Commissioner shall do as little damage as possible, and shall make	Commissioner to
make good all
damage done.
adequate compensation to all local authorities and persons inter- ested for any damages sustained by them by reason of the exer- cise of such powers.
11, All compensation and damages payable by the Commis- sioner for anything done or taken under or for the purposes of	Assessment and
recovery ofdamages and
this Act shall be recoverable by action in any Court of competent	compensation.
jurisdiction: Provided that compensation for land permanently taken under the Public Works Act, 1902, shall be assessed, deter- mined, and recovered as provided in that Act, and not otherwise.

12.

Except in so far as he is by this Act or by any contract ex- pressly charged with the duty of supplying electricity to any per-	Commissioner not
electricity exceptbound to supply
son or local or other authority, it shall not be incumbent on the	in so far as be is
Commissioner to supply any such person or authority with elec-	bound by this Act.
or by contract so
tricity.	to do.

13.

(1.) The Commissioner 'may, subject to the provisions of this and the Electric Light and Power Agreement Act, 1913, make, with the approval of the Governor, by-laws for carrying out this Act, and in particular may, by such by-laws, provide for all or any of the following matters and. purposes, that is to say By-laws.

(i.) The construction, due management, maintenance, repair, use, and protection of the electric works or lines the property of the Commissioner;

(ii.) Preventing and remedying the waste, misuse, or undue consumption of electricity generated by the Commis- sioner;

(iii.) Prescribing scales of charges for electricity supplied, and the minimum quantity to be charged for, and the rent for the use of meters, fittings, and other appara- tus;

(iv.) Providing for the recovery by action or summary pro-

ceeding of any such charges;

(v.) Providing for the recovery of any such charges by dis- tress in the same manner as rent is recoverable, and for making such charges a charge on any premises in respect of which they have been incurred, and for the registration and enforcement of any such charge;

(vi.) Prohibiting any alteration of or interference with any meter, fittings, or other apparatus without the consent of the Commissioner and prohibiting the sale, without the consent of the Commissioner, by any person or authority of any electricity supplied;

1915, No. 29.] Government Electric Works. [5 GEO. V.

(vii.)	Enabling the Commissioner to repair meters, fittings, or other apparatus used in connection with the supply of electricity by the Commissioner to any person or authority, and enabling the Commissioner to recover the costs of such repairs from any person or authority by or to whom the same are respectively owned or let;
(viii.)	The inspection of all meters, fittings, and apparatus;
(ix.)	Prohibiting the performance of work in connection with electric line or works or any meter, fittings, or other apparatus used for the supply of electricity under this Act, except by persons employed or holding licenses granted by the Commissioner, and providing for the issue of such licenses, and fixing the conditions thereof and the fees to be paid therefor ;

(x.) Imposing a penalty not exceeding twenty pounds for the

breach of any by-law.

Notice and	14. (1.) No action shall be maintainable against the Commis- (2.) No such action shall be commenced until one month after a notice, in writing, is given to the Commissioner stating the cause of action and the name and address of the party about to sue.
commencement	sioner for any cause, unless the action is commenced within twelve
of action.	months after its cause shall have arisen.

Plaintiff in actions 15. No action shall lie or be brought or continued against the for personal in- Commissioner in respect of any injury to the person, unless the

to examination. person injured submits himself to examination by a medical prac-juries to submit

titioner or medical practitioners appointed by the Commissioner

at all such reasonable times as the Commissioner may require.

Limit of

16. No damages exceeding two thousand pounds shall be re-

coverable in any action against the Commissioner in respect of

loss of life or injury to the person.

liability.

Receipts and

17. (1.) All moneys received for the sale or supply of elec- tricity or meters, fittings, or other apparatus under this Act, and otherwise accruing to the Commissioner from or in connection with any electric works, shall be paid into the Public Account, and except as otherwise provided, form part of the Consolidated Rev- enue Fund.

expenditure.

(2.) All expenditure incurred under or for the purposes of this Act, including all costs of administration and all contribu- tions to funds for the replacement or insurance of property and to reserve funds, and all interest, instalments of principal, or con- tributions to sinking funds in respect of borrowed money, shall

5 GEO. V.1 Government Electric Works. [1915, No. 29.

be defrayed out of moneys to be appropriated by Parliament for

the purposes of this Act.

18. (1.) The Commissioner shall, once in every three months, Quarterly Electric

cause to be prepared a quarterly Electric Works Account, showing Works Account.

the total gross receipts accruing from the electric works during

the period covered by the account, and the total expenditure upon

the working, management, and maintenance during the same

period.

(2.) Such account shall also show the gross cost of the acquisition or construction of all electric works vested in the Com- missioner.

(3.) All such accounts shall be published in the Gazette,

and shall be laid before Parliament.

19.

(1.) All the provisions of the Government Railways Act, 1904, and of all by-laws, regulations, orders in council, and pro- clamations relating to officers and servants of the Department of Government Railways are incorporated with this Act, and shall apply to all employees on or connected with electrical works con- trolled by the Commissioner under any Act, and such employees shall be officers and servants of the said Department, which is hereby extended to include all such electrical works.

Employees.

(2.) The provisions of the Industrial Arbitration Act, 1912, relating to Government Railways and Government Railway Work- ers are hereby extended to the said electrical works and to the employees thereon or connected therewith.

No rate, tax, or assessment shall be made, charged, or levied on any electrical works or line, or on any land. resumed or	Exemption front
rates and taxes.
taken or acquired for any of the purposes of this Act.

20.

By Authority: FRED. Wm. SIMPSON, Government Printer, Perth.