Local Government (Electricity) Amendment Act 1987 (NSW)

LOCAL GOVERNMENT (ELECTRICITY) AMENDMENT

ACT 1987 No. 106

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement

3.     Amendment of Act No. 41, 1919

4.     Amendment of Ordinances Nos. 20 and 54

5.     Application of Ordinance No. 20A

6.     Repeal of Ordinances Nos. 20B and 20c

SCHEDULE 1—AMENDMENTS TO THE LOCAL GOVERNMENT ACT 1919

SCHEDULE 2—AMENDMENTS TO CERTAIN ORDINANCES

LOCAL GOVERNMENT (ELECTRICITY) AMENDMENT ACT 1987

No. 106

NEW SOUTH WALES

Act No. 106, 1987

An Act to amend the Local Government Act 1919 and ordinances under that Act as a consequence of the enactment of the Electricity Development (Amendment) Act 1987. [Assented to 12 June 1987]

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Local Government (Electricity) Amendment 1V87

BF, it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the "Local Government (Electricity)

Amendment Act 1987".

Commencement

2. (1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Except as provided by subsection (1). this Act shall commence on the day appointed and notified under section 2 (2) of the Energy Administration Act 1987.

Amendment of Act No. 41, 1919

3. The Local Government Act 1919 is amended in the manner set forth

in Schedule 1.

Amendment of Ordinances Nos. 20 and 54

4.     Each Ordinance referred to in Schedule 2 is amended in the manner

set forth in Schedule 2.

Application of Ordinance No. 20 \

5. Ordinance No. 20A under the Local Government Act 1919 does not

apply lo the Sydney County Council, except in so far as its provisions are

applied to that Council by Ordinance No. 20 under that Act.

Repeal of Ordinances Nos. 20B and 20c

6. Ordinances Nos. 20n and 20t under the Local Government Act 1919

are repealed.

3   Act No. 106

Local Government (Electricity) Amendment 1987

SCHEDULE 1

(Sec. 3)

AMENDMENTS TO THE LOCAL GOVERNMENT ACT 1919

(1) Section 417A (Acquisition of gas and electricity undertakings)—

Section 417A (1) (a)—

After "this section", insert "and, in the case of a person supplying electricity, in accordance with Part VI of the Electricity Act 1945".

(2) Section 419 (Principles of trading by councils)—

Section 419 (2), (3)— Omit the subsections.

(3) Section 420 (Council may grant "franchises" limited by conditions)—

Section 420 (8)—
After section 420 (7), insert:

(8) Subsections (2)-(7) do not apply to permission to supply electric current and for related purposes given by a council which is an electricity council within the meaning of the Electricity Act 1945.

(4) Section 420A (Employment of certificated electrical engineer)—

(a) Omit "sum, such person shall employ an electrical engineer who shall hold a certificate as prescribed:", insert instead:

sum—

(a)	in the case of an agreement with an electricity council within the meaning of the Electricity Act 1945, the person shall employ an engineer having such qualifications as may be approved by the Energy Corporation of New South Wales; or
(b)	in any other case, the person shall employ an electrical engineer who holds a certificate as prescribed.

Local Government (Electricity) Amendment 1987

SCHEDULE 1— continued

AMENDMENTS TO THE LOCAL GOVERNMENT ACT 1919—

continued

(b) Omit the proviso, insert instead:

(2) A person referred to in subsection (1) may be exempted

from that subsection—

(a) in a case referred to in subsection (1) (a)—by the Energy Corporation; and

(b) in any other case—by the Minister.

(5) Section 561 A (Proposals for alteration or union)—

Section 561A (l)(d)—

Omit "Electricity Authority", insert instead "Energy

Corporation".

(6) Section 570A (Contributions to research)—

Omit the section.

SCHEDULE 2

(Sec. 4)

AMENDMENTS TO CERTAIN ORDINANCES

Ordinance No. 20 (County Councils)—

(1) Clause 1 (Application and interpretation)—

Clause 1 (3)—
After clause 1 (2), insert:

(3) In this Ordinance, a reference to the Clerk of a County Council is, in relation to a council which is an electricity council within the meaning of the Electricity Act 1945, a reference to the general manager of the County Council.

5   Act No. 106

Local Government (Electricity) Amendment 1987

SCHEDULE 2—continued

AMENDMENTS TO CERTAIN ORDINANCES—continued

(2) Clause 4 (Sections of Act applying to County Councils)—

Clause 4 (2)—
At the end of clause 4, insert:

(2) Sections 88, 89 and 530A of the Act do not apply to County Councils that are electricity councils within the meaning of the Electricity Act 1945.

Ordinance No. 54 (Electricity Supply)—

Clause 1 (Application etc. of Ordinance)—

After clause 1 (c), insert:

(d) In this Ordinance, a reference to the Electrical Engineer of a County Council is, in relation to a Council which is an electricity council within the meaning of the Electricity Act 1945, a reference to the general manager of the County Council.