Katanning Electric Lighting and Power (Private) Act 1904 (WA)

WESTERN AUSTRALIA.

ANNO TERTIO

EDWARDI SEPTIMI REGIS.

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PRIVATE ACT.

AN ACT to authorise Frederick Henry Piesse, and his assigns, to manufacture, generate, distribute, sell, and supply Electric Light, Power, and Heat in the Townsite of Katanning, and to construct all necessary Works in con- nection therewith.

[Assented to 16th January, 1904.]

HEREAS Frederick Henry Piesse (hereinafter called the Preamble.

undertaker) is desirous of acquiring the rights and powers necessary to manufacture, generate, distribute, sell, and supplyW

V V

electric light, power, and heat in the townsite of Katanning and any extensions thereof : And whereas it is desirable to grant to the undertaker, and his assigns, the rights, powers, and privileges hereinafter appearing : Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legisla- tive Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows :—

1. THIS Act may be cited as the Katanning Electric Lighting Short title.

and Power (Private) Act, 1904.

1904, PRIVATE Act] Katanning Electric Lighting. [3 EDW. VII.

Interpretation	2. IN the construction of this Act, unless there is anything in the subject or context repugnant thereto, the several words and expressions hereinafter mentioned shall have or include the meaning following, that is to say :-
clause.

" Undertaker." (a.) The expression " the undertaker " shall mean the said

Frederick Henry Piesse, his executors, administrators,

and assigns.

" Undertaking."

(b.) The expression " undertaking " shall mean the generation, distribution, and supply of electricity for the purposes of light, heat, motive power, or otherwise, within the limits hereinafter mentioned, and the making and constructing of all works connected therewith and all other works by this Act authorised to be executed, and the doing of all -things necessary or convenient for the purpose, subject to the provisions of this Act.

"Owner" or

(c.) The words " owner " or " occupier " shall respectively

"occupier." mean and include any person or corporation who shall for the time being be the owner or occupier, or have the charge of any street, road, place, or land affected or to be affected by the undertaking.

"street" (d.) The word " street " shall include any street, market-place,

court, highway, lane, public road, thoroughfare, passage,

or place within the limits of the Act.

"works."

(e.) The expression " works " shall mean all the buildings, erections, works, machinery, plant, and apparatus for the generation, distribution, and supply, within the limits of this Act, of electricity, including the necessary connections, cables, poles, wires, lines, accumulators, and lamps, and other apparatus, and all other works con- nected therewith and incidental thereto, or by this Act or in any other way authorised to be constructed or undertaken by the undertaker.

"Electric

( I.) The expression "electric rate" shall include any rent to be received or remuneration of any kind to be paid to the undertaker for the supply of electricity, or the letting of electrical apparatus used in connection there- with.

"Building." (g.) The word " building " shall include all erections what-

soever, and all premises appertaining thereto ; and also public and private gardens and enclosed courts and yards.

"Local authority." (h.) The expression " local authority" shall mean the council, board, or other body having the care or charge of any street.

"District?' (i.) The word "district," in relation to the local authority,

shall mean the area within the jurisdiction of such local

authority.

EDW. ICatanning Electric Lighting. [1904, PRIVATE ACT.

shall, with respect to any works which shall have been clone con- trary to any of the provisions of this Act, be paid and borne by the undertaker ; and shall, with respect to any other works, be paid and borne by the local authority. All such expenses respectively, by whomsoever the work is done, shall be recoverable in the same manner as damages are recoverable under this Act: Provided that, if, in raising or sinking or otherwise altering any of the works, any inj my shall be wilfully or negligently clone to the same by any person employed by the local authority, compensation shall be made by the local authority to the undertaker for such injury, and the amount of such compensation may be ascertained and recovered in the same manner as damages are recoverable under this Act.

(2.) Notwithstanding anything herein contained, the local authority may from time to time, require the undertaker to lay under	works to be laid
Power to require
underground.
any street all works situated over or above such street ; and, on receipt of such order, the undertaker shall submit plans and speci- fications, and an estimate of the cost of such works, and of the necessary alterations of private connections. If such plans, specifi- cations, and estimate are not agreed to by the local authority, the same shall be referred to and settled by two arbitrators and their umpire, under the Arbitration Act, 1895.

(3.) When such plans, specifications, and estimate are agreed

or settled, the work shall be carried out by the undertaker, and the cost thereof, and of such alterations, shall, as to one-third thereof, be paid by the undertaker, and as to the remaining two-thirds, by the local authority, and until such two-thirds are paid, the same, with interest at five pounds per centum per annum, shall be a first and paramount charge on the rates, income, property, and assets of the local authority.

13. THE undertaker shall supply all persons within such	Electricity to be
supplied for light-

district with a regular and efficient supply of electricity for lighting	ing purposes.
purposes upon application, and on the same terms upon which any other person in such district is under similar circumstances entitled to a corresponding supply.

M. THE price of electricity shall be uniform throughout the	Price of electricity
to private

district, having regard to the purposes for and the quantities in	consumers to be
which the same are supplied ; but nothing in this Act contained	supply to ownersuniform, and for
shall compel the undertaker to provide any connection, except as	and occupiers.
hereinafter mentioned, nor to supply or continue the supply of electricity, except for lighting purposes, and then only subject to this Act and the agreement (if any) made in relation to such supply.

15. IN the absence of any special contract with the local Price of electricity

authority, the price to be charged by the undertaker to such local	to local authority.
authority for all electric light supplied to it shall be less by ten per centum than the price charged for the time being to private consumers for lighting purposes.

1904, PRIVATE Act] Katanning Electric Lighting. [3 EDW. VII.

Meters and fittings

exempt from 16. NO meter for ascertaining the quantity of electricity supplied,

distress, etc.	nor any fittings therefor, shall be subject to distress for rent, or be taken in execution under any process of any Court of law or equity, nor be affected by any adjudication or other proceeding in bank- ruptcy of any person in possession thereof.
Charge for supply

of electricity. 17. ( .) UNTIL otherwise fixed, as herein provided, the maxi-

mum price at which electricity shall be sold shall not exceed one

shilling per unit.

Alteration of charge

by agreement or (2.) At the expiration of seven years from the first day of

arbitration.	January, One thousand nine hundred and four, and thereafter on the expiration of seven years from any award, as hereinafter mentioned, the local authority may, if the maximum price for electricity be unreasonable, give notice to the undertaker requesting a reduction in the maximum price, and stating the reduction required, and the reasons therefor ; and, if the local authority and undertaker agree, the maximum price so agreed to shall stand in lieu of the prices aforesaid ; but if they do not agree as to the maximum price to be so charged, the question in dispute shall be referred to two arbi- trators and their umpire, under the Arbitration Act, 1895, and the award of such arbitrators or umpire, fixing the maximum price, shall be conclusive, and such price shall be the maximum price for the period of seven years from the date of the award, and thereafter until again fixed by arbitration under this clause.
Rent of meters.	(3.) The maximum rent on meters shall not exceed fifteen per centum on the cost price in Katanning.
Penalty for exces-
sive charges.	(4.) If the undertaker shall charge and receive more than the maximum price or rent aforesaid, he shall be liable to a penalty not exceeding two pounds.
Incoming tenant

not liable to pay 18. IN case any consumer of electricity supplied by the under-

arrears of electric	taker shall leave the premises where such electricity has been
light rates.	supplied without paying all moneys due from him, the undertaker shall not be entitled to require from the next incoming tenant or occupier of such premises, before supplying him with electricity, the payment of the arrears left unpaid by the former tenant, except where such incoming tenant or occupier has undertaken with the former tenant or occupier to pay or be liable for such arrears.

Power for local	19. THE local authority may appoint any qualified person, who
authority toappoint	„ h

inspector of meters. snail ave at all times a right, in company with the engineer or ave

other proper officer of the undertaker, or if such engineer or officer shall, during office hours, refuse to attend, then by himself, to inspect and test the meters erected by the undertaker ; and any consumer requiring such inspection shall deposit in the hands of the inspector all money appearing to be due by such consumer to the undertaker on any account delivered, together with the cost

3 EDW. VII.] Katanning Electric Lighting. [1904, PRIVATE ACT.

of inspection ; and in case such deposit shall be found to be in excess of the sum actually due to the undertaker, such excess shall be returned to the consumer with the cost of inspection, otherwise such deposit, together with half the cost of inspection, shall be paid to the undertaker, and the other half of the cost of inspection retained by the local authority.

THE manager, or any other servant of the undertaker duly appointed for the purpose, may at all reasonable times, between the

Officers of under-

taker may enter

buildings for ascer-

hours of 9 a.m. and 9 p.m., enter any building or place supplied

taining quantity of

electricity con-

with electricity by the undertaker, and inspect the meters, pipes,

sumed.

burners, or other apparatus upon such premises ; and if any person shall hinder such servant after he has produced his written authority, signed by the undertaker, his manager, engineer, or secretary. from entering and making such inspection within the hours aforesaid, such person shall, for every such offence, forfeit and pay to the undertaker a sum not exceeding five pounds.

20.

IF any person supplied by the undertaker with electricity, by meter or otherwise, or with a meter, or any other fittings or apparatus,	Recovery of electri- city rate and meter
rent.
shall fail or neglect to pay all moneys due for electricity supplied, or for the rent or price of such meter, or other fittings or apparatus respec- tively, for the space of forty-eight hours next after a demand of the amount due, indorsed with a copy of this section, and signed by or on behalf of the undertaker, shall have been served upon some person at the building or premises so supplied, or if such building or premises are apparently unoccupied, shall have been left on such building or premises ; the undertakers may stop the supply of elec- tricity from entering the premises by cutting off the connections, or by such other means as the undertaker shall think fit, and may recover all moneys due as aforesaid, together with the costs of such cutting off and removal, in the same manner as any damages or sums of money, for the recovery of which no special provision is made, are recoverable under this Act.

21.

22. IN all cases in which the undertaker cuts off or discontinues Power to take away plant, etc., when

the supply of electricity from or to any building or premises, by	supply of electricity
agents or workmen, after giving previous notice to the occupier, may	discontinued.
enter such building or premises between the hours of nine in the forenoon and four in the afternoon, and remove and carry away any plant or apparatus or other property of the undertaker : Provided, however, that all damages to property occasioned by such removal as aforesaid, shall be made good by and at the expense of the under- taker.

23. EVERY person who shall lay, or cause to be laid, any wire to Undue use of

communicate with any cable or wire belonging to the undertaker	electricity.
without his consent, or shall wilfully or by negligence injure any part of the works, or shall alter the index to any meter or prevent any

1904, PRIVATE Act] Ratanning Electric Lighting. [3 EDW. VII.

meter from duly registering the quantity of electricity supplied, or who, in case the electricity supplied by the undertaker is not ascertained by meter, shall use any lamp other than such as has been provided or approved of by the undertaker, or shall keep the lights burning for a longer time than he has contracted to pay for, or shall otherwise improperly use such electricity, or shall in any other manner act contrary to the contract made or implied between

Penalty for improp-

erly using the	such person and the undertaker, shall, without prejudice to any
electricity of the	other right or remedy for the protection of the undertaker or the
undertaker.	punishment of the offender, forfeit and pay to the undertaker a sum not exceeding five pounds for every such offence, and also a sum not exceeding forty shillings for every day such offence shall continue; and the undertaker may take or cut off the electricity from the building and premises of the person so offending, notwith- standing any contract which may have been previously entered into, and which may be then in existence: And, in addition, the under- taker may recover the amount of any damage sustained by or through any such wrongful act, neglect, default, or injury in the same manner in which damages are made recoverable by this Act.
Penalty for wilfully
damaging works.	24. EVERY person who shall wilfully remove, destroy, or damage any part or portion of the works or other property of the undertaker, or shall wilfully extinguish any of the public lamps
Or lights, or improperly use any of the electricity supplied by
the undertaker, shall for each such offence, forfeit and pay to the undertaker any sum not exceeding five pounds, in addition to the amount of damage done.

Damages for acci- 25.

EVERY person who shall carelessly or accidentally break, throw down, or damage any of the works the property of the under- taker, or under his control, shall pay such sum of money and such costs by way of satisfaction to the undertaker for the damage done as any two Justices shall think reasonable, and the undertaker may recover the same,in the same manner as damages are made recover- able by this Act.

dentally damaging

works, etc.

Fittings not to be 26.

NO person shall fit up, or keep fitted up, any apparatus or works belonging to the undertaker without the consent, in writing, of the undertaker first obtained for that purpose; and any person committing a breach of this, section shall forfeit and pay to the undertaker a sum not exceeding five pounds for every such offence, and a further sum not exceeding forty shillings for every day during which such offence shall continue.

connected with

works without	fitting whereby electricity shall be obtained from any part of the
previous consent.
Costs of distress.	27. ANY Justice who shall adjudge, order, or direct the recovery or payment of any money by or to the undertaker, either by way of penalty or damages or otherwise, may order that the costs of the proceedings for the recovery of the same shall be paid by the

3 Enw. VII.] Katanning Electric Lighting. [1904, PRIVATE ACT.

person or persons liable to pay the same money, and such costs shall be ascertained and included in the warrant of distress for the recovery of such money.

shall, by or under any law, title, or pretence whatever, levy or seize ttionideentkeerw oalrlkosw e d28. NO special or simple contract creditor of the undertaker NO creditor of the

in execution, or in any way attempt to recover payment of any sum laid in streets or

of money due to him by taking and removing any of the works of buildings.

the undertaker laid, placed, or fixed in, under, upon, or through any

street within the limits of this Act, or in any building or premises

not being in the occupation of the undertaker.

29.       NO person other than an engineer licensed by the undertaker Licensing of

shall fix, alter, repair, or interfere with any main, cable, line, engineers'

fitting, meter, or other apparatus connected with the works ; and the

undertaker may, with the approval of the local authorities or a joint

committee thereof, make by-laws for licensing competent engineers,

and for cancelling licenses, and for fining licensed engineers for

breach of any by-law. Any person other than a licensed engineer

acting or permitting any act contrary to this section, and any licensed

engineer acting or permitting any act contrary to any by-law, shall

be guilty of an offence, and, on conviction, forfeit and pay to the

undertaker a penalty not exceeding five pounds.

taker from being liable to an indictment for nuisance, or to any Health Acttoapply. 30. NOTHING in this Act contained shall prevent the under- Provisions of Public

other legal proceedings to which he may be liable, or shall be deemed to exempt the undertaker from the provisions of any Act relating to the public health.

31.      IT shall be lawful for the local authority, at any time after Power to compul-

the first day of January , One thousand nine hundred and twenty sorily purchase the

-

works of the under-

five, to purchase all the works, assets, and personal property of and taker.

belonging to the undertaker, and used in connection with the matters

aforesaid, upon giving to the undertaker six calendar months' notice

in writing of such intention so to do, and at such price and upon

such terms and conditions as shall or may be mutually agreed upon

between the undertaker and the local authority ; but in case of any

dispute or disagreement arising between the undertaker and the

local authority respecting such purchase as aforesaid, then it shall be

lawful for _either party to require that it shall be left to arbitration

to determine what amount of purchase money shall be paid, and in

such event each party shall name one person ; and if such two persons

cannot agree upon the amount to be paid, the same shall be referred

to the umpirage of some third person to be appointed by such two

first-named persons previously to their entering upon the arbitration ;

and the determination of such arbitrators or umpire, as the case may

be, shall be binding and conclusive on the said parties and their

respective successors and assigns.

1904, PRIVATE ACT.] Katanning Electric Lighting. [3 Enw. VII.

Saving clause of His

NOTHING in this Act contained shall be deemed or con-

strued to affect any right, title, or interest of His Majesty, his heirs

or successors.

Majesty's rights. 32.

Application of

WHERE any damage is done to the works or property of and where any penalty for an offence is directed by this Act to be paid to the undertaker, such damages or penalty respectively shall be paid to the undertaker for his own use.

damages and 33.

penalties directed	the undertaker, and any damages are awarded to the undertaker,
to be paid to the
undertaker.

penalties. this Act, where the application is not otherwise provided for, shall Application of other 34. ONE moiety of all penalties imposed or recovered under

be paid to the informer, and the other moiety to the local authority.

Court in which pro- 35. ( I.) ALL informations and complaints in respect of offences

ceedings to betaken.

under this Act shall be heard and determined, and, except as is herein otherwise provided, all moneys, costs, and damages, and expenses not exceeding twenty pounds, made payable or recoverable hereby, may be recovered in a Court of summary jurisdiction.

(2.) Where the amount of moneys, costs, damages, or expenses recoverable exceeds twenty pounds, the same shall be recoverable by action or proceeding in any Court of competent jurisdiction.

Act to be deemed a 36. THIS Act shall be deemed and taken to be a public Act,

public Act. and shall be judicially taken notice of as such by all Judges,

Justices, and others within the said State of Western Australia, without being specially pleaded.

Application of In- 37. SECTIONS C, F, G, and LI of the Second Schedule to

terpretation Act,

1898.  the Interpretation Act, l'o98, shall be incorporated herewith.

When works to be 38.

(1.) THE undertaker shall, within nine months from the first day of January, One thousand nine hundred and four, com- mence, and shall, on or before the expiration of twelve months from such commencement, unless prevented by some other unforeseen or inevitable act or event, have completely laid all lines shown upon the plan deposited by the undertaker and situate within half-a-mile from the centre of Katanning Town Lot I OA.

commenced and

completed.

(2.) The local authority may extend the times provided by

this section.

In default this Act

to become void after (3.) If the provisions of this section are not complied with

declaration by	within the times or extended times aforesaid, the local authority
Supreme Court.	may, within one month from the expiration A such times, petition the Supreme Court by action for a declaration that such provisions have not been complied with, and on such a declaration being made in such action, this Act shall cease and determine.

3 EDW. VII.] Katanning Electric Lighting. [190‘1, PRIVATE ACT.

(4.) The money deposited by the undertaker with the Forfeiture of

Colonial Treasurer, in accordance with the Joint Standing Orders deposit.

relating to Private Bills, shall be held by the Colonial Treasurer

until completion of the work aforesaid, and thereupon be returned

to the undertaker : Provided that, if a declaration as aforesaid be

made by the Supreme Court under this section, the said deposit shall

be forfeited to the Colonial Treasurer and paid into the Consolidated

Revenue Fund.

1904, PRIVATE Act] _YatanningElectric Lighting. [3 Ems,. VII.

SCHEDULE.

Bounded on the North by a line bearing East for 24 chains, starting from a

point 1 chain East from the South-East corner of Kojonup Location 189 ; on theNorth-East by a line bearing 135° 27' 57 chains 16 links ; on the East by a line

bearing 180° 0' 61 chains 25 links ; on the South by a line bearing 270° 4', crossing the Great Southern Railway, and measuring 41 chains 98 links to a point on the Western side of the Great Southern Railway Reserve ; thence Southward along the said Railway Reserve 13 chains 22 links, and thence 270° 0' 24 chains 38 links ; on the South-West by a line bearing 315° 27' 99 chains 21 links; on the North-

West by a line bearing 45° 27', recrossing the Great Southern Railway, and

measuring 51 chains 50 links to a point on the Eastern side of the Great Southern Railway Reserve, and along it bearing 135° 27' 1 chain 77 links ; thence 45° 27' 10 chains 50 links ; thence 360° 0' 1 chain 96 links ; thence 89° 57' 28 chains 67 links to the starting point.

By Authority : ALFEND WATSON, Government Printer, Perth.