Mackay Gas Company Limited Act of 1960 (9 Eliz Ii) (Qld)

39 Queenslimb ANNO NONO ELIZABETHAE SECUNDAE REGINAE. • • •-• • • •-•-• •-•• •-• • • • •-• • ***** • • •-• An Act to Enable The Mackay Gas Company Limited to supply with Gas the City of Mackay and the Shires of Pioneer, Mirani and Sarina, and for other purposes. [ASSENTED TO 31ST OCTOBER, 1960.] HEREAS a company called The Mackay Gas Preamble. Company Limited was incorporated and registered in Queensland in the year one thousand eight hundred and eighty-four under and subject to the rules, regulations and provisions contained in the Memorandum and Articles of Association of the said The Mackay Gas Company Limited (filed with the Registrar of Companies, Brisbane) for the purpose of manufacturing gas and coke, and supplying the same to the inhabitants of the City-of Mackay, the Shires of Pioneer, Mirani and Sarina, and disposing -of the residuum from the said manufacture, and for such other process for lighting towns, etcetera, which may be found advantageous to adopt and -the doing of all such other things as are incidental or conducive to the attainment of the said objects:

40 Mackay Gas Cornpany Lirnited Act. 9' ELIZ. II. , And whereas by the said Memorandum and Articles of Association it was agreed that the capital of the said company should consist of two hundred thousand pounds, contributed in four hundred thousand shares of ten shillings each but that the said original capital may be increased by the creation of an additional number of shares: . And whereas by the said Memorandum and Articles of Association, provision has been made for the payment of dividends, and for the disposal and application of the profits, and also for the due management of the affairs of the said company: And whereas prior to the passing of this Act the said company acquired certain lands in the City ofMackay and the Shires of Pioneer and Mirani and erected thereon works for the manufacture and supply of gas and of residual products obtained in the manufacture of gas, and sold and supplied gas in the said City and Shires, and for that purpose has, with the consent of the respe ctive Local Authorities, laid pipes and erected lamps in, under, across and along streets, ways and public passages in the said City and Shires: And whereas it is expedient that provision should be made for validating the actjon of the said company in acquiring the said lands, erecting the said works, manufacturing and supplying the said gas and products, and laying the said pipes and erecting the said lamps, and it would be of advantage and convenience if powers were given to the said company effectually to supply the City of Mackay and the Shires of Pioneer, Mirani and Sarina with gas, and to erect all necessary works for such purpose, and for the purposes aforesaid it is necessary to obtain the authority of an Act of Parliament : Be it therefore 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: - Short title. 1. This Act may be cited as " The Mackay Gas Company Limited Act of 1960. "

1960. Mackay Gas Company Limited Act. 41 or re 2 qu . iIrnest, htihseAfcotl, louwnliensgs ttheermcosnstheaxltl ohtahveerwthiseeminedainciantgess Ipnr e te ta r- tio n. set against the same respectively, that is to say :— "Building "—Any place of public worship or public amusement, or any public institution, public or private office, manufactory, house, shop, dwelling, inn, tavern or other building whatsoever, or any court, garden or yard; " Company " or "The company "—The Mackay Gas Company Limited, their successors and assigns; "Ground "—Any ground, stones, soil, pavement or material, or the roadway of any street; "Justice " or " Justices "—Any justice or justices of the peace for the State of Queensland, or any justice or justices of the peace having jurisdiction in the municipal or other district in question ; "Lamp "—Any lamp, whether on a post or affixed to any building, lamp-post, pillar, pilaster, wall or lamp-iron; "Local Authority "—The Council of the City of Mackay or Shire of Pioneer, Mirani or Sarina or other body or person having jurisdiction over the street or place in question; "Pipe "—Any main, main pipe, supply pipe, stopcock, watercock, syphon, plug, branch, apparatus or conduit; "Private purposes "—Any purpose whatsoever to which gas may for the time being be applicable, not being public purposes as herein defined; "Private way "—Any private way, lane, building, passage or private grounds; "Public purposes "—The lighting with gas any street or any place belonging to or subject to the control of any Local Authority, or any church or registered place of worship, or any hall or building belonging to or subject to the control of any Public Authority, or any public theatre;

42 Mackay Gas Company Limited Act. 9 Euz. II., "Street "—Any public street, market place, square, crescent, highway, roadway, lane, bridge, passage or other place. Every reference to the City of Mackay and Shires of Pioneer, Mirani and Sarina shall mean and include only the areas respectively included within the boundaries of the said City of Mackay and the Shires of Pioneer, Mirani and Sarina. Ratification. 3. The company shall be deemed to have had at all times since the year one thousand eight hundred and eighty-four, until the passing of this Act, full power to acquire lands in the City of Mackay and Shires of Pioneer and Mirani, and to erect thereon works for the manufacture of gas and of residual products obtained in the manufacture of gas, and to sell and- supply gas to the inhabitants of the City of Mackay and Shires of Pioneer and Mirani, and for that purpose, with the consent of the appropriate Local Authority, to break up the soil and pavements of and cut into and remove the materials of any streets, highways, roads, ways and public passages and places, and to lay or erect pipes, lamps and any other thing for supplying gas as aforesaid in, under, and along streets, highways, roads, ways and public passages and places in the City of Mackay and Shires of Pioneer and Mirani. aPpgrrooacitneeecsdttiionngs prose4c.utNioon colraoimthe, rdpermocaenedd,inagctsihoanll, bsue, ito, rinbefoartmtematpiotend, faocrtsp.ast aogr apienrsmt tithteedcotombpea,nmyaodrea, ninystoiftuittesdpoarstmoaripnrtaeisneendt directors, officers or servants, in any court whatsoever in respect of the company, its past or present directors, officers or servants, having heretofore, without the authority of an Act of Parliament having been first obtained, acquired lands in the City of Mackay and Shires of Pioneer and Mirani, and erected thereon works for the manufacture of gas and of residual products obtained in the manufacture of gas, and having sold and supplied gas to the inhabitants of the City of Mackay and Shires of Pioneer and Mirani, and for that purpose having, with the consent of the respective Local Authorities, broken up the soil and pavements of and cut into and removed the material of any streets, highways, roads, ways and public passages and places,

1960. Mackay Gas Company Limited Act. 43 and having laid pipes and erected lamps or any other thing for supplying gas in, under and along streets, highways, roads, ways and public passages and places in the City of Mackay and Shires of Pioneer and Mirani. deem5e.dNtootphrienjugdhiceereainnycdoenptaoisniet dorshinasltlaplmreejnutddicueeotor boer c S z av tr in a g ct o s f , any contract or other act, deed or thing entered into, made or done by the company, under or by virtue of the said Memorandum and Articles of Association, before this Act shall have come into operation, except in so far as the same is in this Act specifically provided, but the same shall be as valid and effectual to all intents and purposes as if this Act had not been passed. upon6.anTdhceocnotminpuaentyhearme ahneurefabcytuermepoofwgearsedantdo seunctehrng P a' o as w n. u er fa t c o ture 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 contained. 7. It shall be lawful for the company, Limited notwithstanding any statute or law to the contrary, =erroti and notwithstanding any provision herein contained, to hold lands. purchase or acquire, take, hold and enjoy, to them and their successors, for any estate, term of years or interest, such lands, buildings, works, mains, pipes and apparatus as they may think requisite for any of the purposes of this Act. 8. It shall be lawful for any person or persons Power to who are otherwise competent, to grant, bargain, sell, eptchrseorns aulsieenofatnhdeccoonmvpeayn, yasasnudrethaenidr sduicspceossseoorsf,fournttoheanpdurtpootshees t t r o ie c o o p n e v rt e y y to aforesaid, or any of them, any such lands, buildings, company. works and other estate aforesaid. disp 9 o . seItosfh, aallnbdeblyawdfeueldfoorrtdheeecdosm, pinasntyrutomseenllt aonrds d uiissgpossfeL to oefue instruments, under the hands of the directors of the lands.

44 Mackay Gas Company Limited Act. 9 Euz. II., company, or a majority of them, and under the corporate seal of the company, to 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, it shall be lawful for the secretary for the time being of the company to 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. Protection of certain property from execution. 10. No judgment or other special or simple contract creditor of the company or other person shall by reason of any covenant, judgment, execution, distress or other process authorised by this Act or the company's articles of association or by or under any law, title or pretence whatsoever, 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 company, by taking or removing any of the pipes, apparatus or lamps of the company laid, placed or running in, under or through any street, lane or bridge in the City of Mackay or Shires of Pioneer, Mirani or Sarina, or in any building not being in the actual occupation of the company. soPafoflwaicreeierrsdfotor comp1e1t.enAt tlol shaolladriaendyosfhfiacreerosrosfhtahreesc,oemstpataenoyrsihnatellrebset hold shares. in the capital, stock, funds or property thereof, either solely or jointly for themselves or in trust for any other person or persons. Authority 12. It shall not be necessary to use the corporate wtoidthisupesnesoef seal in respect of any of the ordinary business of the corporate company, and any person duly authorised and empowered seal. under the corporate seal may, without such seal, execute any deed and do all other acts, matters, and things which may be required to be executed and done on behalf of the company and in conformity with the provisions of this Act and of the company's articles of association.

1960. Mackay Gas Company Limited Act. 45 13. In all cases in which by any Act or by any rule Power to or order of the Supreme Court or any other court now or s oefcce in ot: hereafter to be in force in Queensland, the plaintiff or agents, to do defendant in any action, suit or proceedings, or any ten% agma. 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 the company (where the company shall be such plaintiff, 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 company, to make such affidavit, sign or present any such petition, or do such other act as aforesaid. 14. The company shall supply gas of such Quality of heating power, purity, and pressure as may be from time gas. to time prescribed by the provisions of " The Gas Acts, 1916 to 1952." Moreover the company shall be and be deemedt, o,Application be a "gas company" for the purposes of" The Gas Act s, ° .. A . fctsw.ato 1916 to 1952," and such Act shall extend and apply 1952 ." accordingly. 15. (1.) Within the City of Mackay and Shires of Power to Pioneer, Mirani and Sarina, it shall be lawful for the egrascometer, ecmompopwaenreyd,, asnudbjethctetyo athree phreorveisbioynasuatnhdorreissteridctaionnds up&aPev. s , eombiireeaatks ohfertheiins asfetcetriocno,nbtyaitnheedirisnersvuabnstesc, taigoennststwoor wanodrktmhreene, s ma t n r ade eetirasn d of and others, from time to time to erect, sink, cut, bridges. 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 company shall think necessary or proper for carrying the objects and purposes of the company and of this Act into execution, and also, subject to the provisions of this Act hereinafter mentioned, to break up the soil and pavements of and cut into and remove the materials of any streets, highways, roads, ways, lanes, bridges, passages and other public places or any part of them, or either of

46 Mackay Gas Company Limited Act. 9 Emz. II., them, and to erect posts, pillars, pilasters, lamp-irons, Erect lamps. lamps and other apparatus in, upon or under the same streets, highways, roads, ways, lanes, bridges, passages and other public places or any of them, or against any wall or walls erected on or adjoining to them or any of them, and to dig and sink trenches, pits and drains, and to lay and place meters, pressure regulating governors, Lay pipes. mains and pipes, and put and place stopcocks, syphons, plugs or branches from such pipes in, under, across and along places, streets, ways, lanes, bridges or public passages, and also, with the consent of the owners or occupiers thereof, in, under, across and along any private ways, buildings, passages, grounds 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 to And alter alter the position of, and to repair, relay and maintain them. such pipes, stopcocks, syphons and plugs, or branches or other necessary apparatus from any main or pipe laid in, upon or under any street, road, highway, lane, bridge, passage or public or private place by the company by virtue of this Act, into or through any dwelling-house or houses, manufactories, public or private buildings or grounds, for the purpose of lighting the same, or any other public or private lamp or lamps from any such To erect main or pipes, and to erect and set up any machine or apparatus. other apparatus necessary or requisite for securing to any dwelling-house or houses, manufactories, public or private buildings, a proper and competent supply of gas, or for measuring and ascertaining the extent of such supply, and also to alter and amend any bad or imperfect work which shall have been placed or any work which shall be injured or damaged in such dwelling-house or houses, manufactories, public or private buildings, and to do all such other acts, matters and things as the company shall from time to time think necessary and 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 company 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 in the Area whereof the gasometer is to

1960. Mackay Gas Company Limited Act. 47 be or is situated, 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 company shall not break up the soil or pavement of or cut into or remove the materials of any street, highway, road, lane, bridge, passage or other public place save in such part thereof as shall be approved by the appropriate 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 pursuant to section nineteen of this Act the Local Authority shall have supplied to the company information respecting the permanent level of any street, •highway, road, lane, bridge, passage or other public place, its surface shall, for the purpose of this subsection, be ascertained according to such permanent level. 16. Within the City of Mackay and Shires of Power to Pioneer, Mirani and Sarina, the directors of the company jezinstpeercatn shall have full power and authority either by themselves p ipes , lamps or their agents, surveyor or other officer appointed for a nd r net that purpose, at all reasonable times, and as often as they shall think necessary, to inspect and examine all pipes, lamps or other apparatus relating to the supply or consumption of gas in any building and on any part of the same in the occupation or possession of any person with whom the company shall at any time enter or have entered into any contract or agreement for the sale or supply of gas, and to repair and amend such pipes, lamps or other apparatus relating to the supply or consumption of gas in all respects, if necessary, and to take account of the number of cubic feet of gas consumed under all or any of such contracts or agreements as aforesaid, and to 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

48 Mackay Gas Company Limited Act. 9 Etaz. II., same in accordance therewith, and for any other lawful and reasonable purpose consistent with and relating to any contract entered into by the company under the powers contained in their articles of association or in this Act. Power to inspect fittings and to order the removal of bad work. 17. Within the City of Mackay and Shires of Pioneer, Mirani and Sarina, it shall be lawful for the directors of the company or their duly authorised surveyor or employees to 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 company shall have contracted for the supply of gas; and if such surveyor or other employee of the company shall consider any such gas fittings or works to be incomplete or otherwise defective, the person so contracting with the company and having erected and put up such fittings or works shall not be entitled to call on the company for the fulfilment of any contract for the supply of gas until such fittings and such works shall have been amended and altered or removed, and other fittings and works substituted in lieu thereof, to the satisfaction of the surveyor or other officer of the company inspecting the same. Power to 18. Within the City of Mackay and Shires of cfoorntract Pioneer, Mirani and Sarina, it shall be lawful for the lighting company to contract with the respective Local satnrdeehtosuses. Authorities or persons having the control, direction or management of the streets, highways, or any of them, for supplying the same with gas, and also to contract with any person for supplying with gas any such person, or any streets, ways, lanes, bridges or passages, manufactories, shops, warehouses, public or private houses or buildings belonging to him or in which he is interested or over which he has the direction or control, and also to contract with any person whomsoever for lighting or supplying with gas any shops, manufactories, warehouses, public or private buildings or places whatsoever within the limits of this Act, in such manner and under such stipulations as the company shall think proper, consistent with the powers contained in their articles of association and in this Act.

1960. Mackay Gas Company Limited Act. 49 19. Within the City of Mackay and Shires of Power to Pioneer, Mirani and Sarina, it shall be lawful for the oan=mi. ecmompopwaenrye,da, nsudbtjhecetytoartehehreergeublyatifounllsyhaeuretihnocroisnetadinaendd, m ca a tl i i n o.n from from time to time to carry, fit up and furnish any pipes, cocks or branches, or other necessary apparatus from any main pipes in any roadway, street, lane bridge or other public passage or place laid by or belonging to the company, in or through any dwelling-houses, manufactories, public or private buildings, for the purpose of lighting the same, or any public or private lamps, with the consent of the owner and occupier of such dwelling-houses, manufactories, public or private buildings. Pion2e0e.r, WMiirthanini athned CSaitryinoaf, Mit sahcaklalynoatnbdeSlhaiwrefsuloffoDr Luivtfyeretnootice tthhee pcaovmempaennytst, ogrboruenakd ourpmoarttearkiael uinpaonryreromado,vsetraeneyt, orofa b d arev s ae , knI a z rc p : lane, bridge, way or other public passage or place 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 their intention to break or take up such pavement, ground or material, signed by the secretary or other authorised officer of the company, and specifying the road, street, way, lane, bridge or other public passage or place and the particular part thereof intended to be broken, taken up or removed, shall have been given to the clerk of the Local Authority concerned, or shall have been left for him at his public office at least twenty-four hours before such pavement, ground or material, or any part thereof shall be so broken or taken up, 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 pavement, ground or material or any part thereof shall be broken or taken up. Except in case of emergency as aforesaid, the company shall only break up or take up or remove any of the pavements, ground or material in any road, street, lane, bridge, way or other public passage or place for the purposes aforesaid or any of them on such days and at such times as the Local Authority or person having control, direction or superintendence of such pavement, ground or material shall from time to time reasonably direct.

50 Mackay Gas Company Limited Act. 9 ELI& II., Duty to relay pavements or roads broken up. 21. When and so often as the company shall have lawfully broken up or removed the stones, ground, soil, pavement or material in or of any road, street, way, lane, bridge or other public passage or place or any part thereof, the company shall and they are hereby required immediately thereafter to reinstate and make good such ground, soil, pavement or material to the satisfaction of the Local Authority or said persons having the control, direction or superintendence of such pavement, soil, ground or material respectively; and the company shall carry or cause to be carried away all the surplus earth, filth and rubbish occasioned thereby at their own costs and charges; and during the time that such works are carrying on, and until such ground, soil, pavement or material is reinstated as aforesaid, the company 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 company shall make default in reinstating such ground, soil, pavement or material as aforesaid, or removing any rubbish occasioned thereby, or in placing or setting up such lights at night, and otherwise 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 said persons having such control, direction or superintendence as aforesaid to reinstate such ground, soil, pavement and material, and carry away all rubbish occasioned thereby, and during the time that such works are carried on to provide necessary lights at night; and the expenses thereof shall be repaid by the company to the Local Authority or persons so reinstating the same, and in default of payment thereof within twenty-eight days next after demand thereof, in writing, shall have been made by such Local Authority or persons as aforesaid (proof being made thereof by the oath of one credible witness before one or more justices of the peace), all such sums of money 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 such Local Authority or persons by distress and sale of the goods and chattels of the company, except as hereinbefore provided, together with the charges of such distress and

1960. Mackay Gas Company Limited Act. 51 sale, by warrant under the hand or hands of any such justice or justices, who is and are hereby empowered to grant the same. Mac2k2a.y oInr tchaesSe hthireesLoofcaPlioAnuetehro, rMityiraonfitohreSCairtiynao,foEruAtuYthioorfity to southpeerrinpteernsdoenncoer opferasnoynosfhtahveisnagidcroonatdrso, l, stdreireetcst, iownayosr, g o i f v s e tr l e e e v t e s l . s lanes, bridges and other public passages and places respectively shall from time to time supply full information to the company respecting the permanent levels of the said roads, streets, ways, lanes, bridges and other public passages, either without notice requiring such information or within fourteen days after the Local Authority shall have received notice from the company so to do, the company shall lay and place their mains, main pipes, stopcocks, plugs and branches, and fix their lamps, or other apparatus so as to accommodate them to the said levels, and in case any such Local Authority or other person or persons as aforesaid shall neglect or refuse to supply such information after such notice from the company and shall at any time thereafter change or vary any of the said levels so as to raise or sink or otherwise alter the situation, line or direction of any of the main pipes, stopcocks, plugs, branches or apparatus which shall have been laid down for the purposes aforesaid and in accordance with this Act, it shall and may be lawful for the company to raise or sink or alter the situation, line or direction of such main pipes, stopcocks, plugs, branches or apparatus, and the reasonable costs and charges of doing the same shall immediately thereafter be paid by the Local Authority concerned or other person or persons aforesaid and in default thereof the same may be recovered and levied in such manner as forfeitures and penalties imposed by this Act are directed to be levied and recovered. nrooatdic, 2es3to. rfeeTitths, ewinLatyeon,ctlaailonAne,utobthrfioodrrgittehywomritaohythagelitrvepreutthboelitchleepvacesolsmoafgpeaannoyyr r c A L i, o u o a m y c tn pa go al r n vi . y ety place, and call upon the company to forthwith lower its innotteletioonf ampapianraptuispesos,thcaotctkhse,yssyhpalhlocnosn,foprlmugtos,thberapnrocvhiessioonrs t r o ova a ed l i toerlo. of section fifteen of this Act, and if the company does ' not comply with any such requisition of the Local Authority within the time specified in such requisition

52 Mackay Gas Company Limited Act. 9 Euz. IL, the Local Authority may itself, by its officers, servants or contractors, proceed to lower any such of the company's works as may be necessary. The amount of any expenses necessarily incurred in lowering such works shall be borne and paid by the Local Authority. Liability of Local Authority to make good damages. 24. If by raising, sinking or altering any of the said main pipes, cocks, syphons, plugs, branches or apparatus of the company any damage or injury shall be negligently or wilfully done to the same by the Local Authority or its servants or such other person as aforesaid, then and in such case such damage or injury shall be made good to the company, and the costs, charges and expenses thereof shall be made good to them on demand by the Local Authority or other person aforesaid, and recovered in the same manner as any penalty inflicted hereby not specially provided for is to be recovered under this Act. Pathgreoahilnaibsytiitniogn with 2 a 5 n . yApnipyepbeersloonngwihnog ltaoytshaencyopmippeatnoycowmitmhouuntictahtee occoaftmpioimpneusnoi-f ocornssuenrvt einyworriotifngthfeirsctohmadpaanndyoobtraointehdeor fptehressoencrdetualryy wcthoienthseonutt othf e auusetshbourirsneedrs boyf ltahrgeecr odmimpeannsiyonisnotrhiantabneyhoatlhfe, romrawnnheor company. than he shall have contracted to pay for, or who supplies any other person with any part of such gas, shall be guilty of an offence against this Act and liable to a penalty not exceeding two pounds per day for every day such pipes shall so remain or such excess be committed or such supply be furnished. The amount of any penalty imposed under this •section shall upon recovery be payable to the company. fSdoaarmtisafgaicntigon negl 2 ig 6 e . ntIlfyadnoy oprecrsaounsesthoalblewdiolfnuelloyr, cmoamlimciiottuesdlyanoyr pipes, &c. injury or damage to any of the mains or service pipes of the company either by removing or disturbing the ground, soil or material 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 whomsoever shall wilfully and maliciously remove, destroy, damage or injure any or any part of any pipe, post, plug, lamp or apparatus, matter or thing

1960. Mackay Gas Company Limited Act. 53 belonging to the company, or shall wilfully or maliciously waste or improperly use any of the inflammable air or gas supplied by the company, or shall alter, exchange or the burners belonging to the company from the pipes of supply, every person so offending in any of the respective premises, shall be guilty of an offence against this Act and liable to a penalty not exceeding in the aggregate five pounds and three times the amount of damages done as such amount shall be ascertained by the adjudicating court. The amount of any such penalty or damages imposed or ordered to be paid under this section shall be payable to the company. 27. Any person who carelessly or accidentally breaks, Satisfaction destroys, throws down, damages or injures any lamp atidental hung out, set up or belonging to the company or any damage person at his private expense, or any part of any pipe, to lamps. pillar, pedestal, lamp-post, lamp-iron, plug, or other apparatus, matter or thing set up by or belonging to the company, or belonging to any person and set up by him at his private expense, or carelessly or accidentally wastes any of the inflammable air or gas supplied by the company, or who keeps the light or lights burning for a longer time than he shall have contracted to pay for, and does not, upon any demand by the company, or by their board of directors or their secretary or superintendent or other person authorised by them, 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 company or to such other person (as the case may require) for such damage or excess or waste as the court thinks reasonable; which sum may be recovered summarily under " The Justices Acts, 1886 to 1958." any o2f8.theWphipeensaonryagpapsasrahtaulls bwehfiocuhnsdhatollebsecalapiedfdroomwnDiuxty; ei t i o tof in any market, street, square, lane, public passage or gas. place within the limits of this Act, the company or the person, being the owner of such pipe or apparatus, so laying down or causing the same to be laid in any

54 Mackay Gas Company Limited Act. 9 Emz. IL, such market, street, square, lane, public passage or place shall, immediately after notice of such escape of gas shall be given to them or him, in writing, from any inhabitant within the said limits, cause the most speedy and effectual measures to be taken to stop and prevent such gas from escaping; and in case the company or such person as aforesaid shall not, within forty-eight hours next after such notice given, effectually stop and prevent any future escapes, and wholly remove the cause of complaint, then and in every such case the company or person as aforesaid shall be guilty of an offence and liable to a penalty not exceeding five pounds for each day after the expiration of forty-eight hours from the time of giving such notice during which the gas shall be suffered to escape as aforesaid. Duty to prevent con- 29. Whenever the water which may at any time hereafter be supplied for the use of the inhabitants tamination of the City of Mackay or Shires of Pioneer, Mirani or coofmwpaatneyr. by Sarina shall be contaminated or affected by gas of the company, and the company shall not, within forty- eight hours next after notice thereof in writing (signed by any person consuming the said water) being given to the company, by being left at the office or usual place of business of the company, effectually stop and prevent' gas from so escaping, and prevent all and every such contamination whereof notice shall be given as aforesaid, then and in every such case the company shall, on each and every complaint whereof notice shall be given as aforesaid, forfeit and pay to the Local Authority by which the water is supplied any sum not exceeding the sum of ten pounds for each and every day during which the water shall be or remain contaminated or affected by the gas of the company. Power to 30. In case a question shall arise upon such wowatneerrws oorfks complaint as aforesaid, whether the water be to dig contaminated or affected by the gas of the company, e st x r a e m ets in a e n t d he it shall be lawful to and for the Local Authority pipes of supplying the water, or any person duly authorised by cthoempany. such Local Authority in that behalf, to dig to and about and search and. examine the mains, pipes, conduits and apparatus of the company for the purpose of ascertaining whether such contamination proceeds

1960. Mackay Gas Company Limited Act. from or is occasioned by the gas of the company; and if it shall appear that the said water has been contaminated by any escape of gas of the company, the costs and expenses of such digging, search, examination and repair of the ground and pavement of the street which shall be taken up and disturbed shall be borne and paid by the company, and the matter of such costs and expenses shall be ascertained and determined summarily (if necessary) : Provided always that if upon such examination it shall appear that such contamination has not arisen from any such escape of gas from any of the mains, pipes, conduits-or apparatus of the company, then and in every such case the Local Authority in question, shall bear and pay all expenses of such examination, repair and search, and also shall make good to the company any injury, loss or damage which may be occasioned by the said mains, pipes, conduits or apparatus of the company (if any) and by such search and examination, and also to the ground and pavements of the streets so broken or disturbed in such search or examination. The matter of the amount of such injury, loss or damage shall be ascertained and determined summarily (if necessary). 55 31. In case any person who shall contract with Rembdy for the company, or agree to take or shall use and enjoy roeferoevnetri gas either in private dwellings, shops, inns taverns or other buildings or manufactories, grounds or premises, or otherwise, shall refuse or neglect, for the space of seven days after demand, to pay the sum of money then due for the same to the company according to the terms and stipulations of the respective persons with the company, it shall be lawful for the company in addition, and without prejudice to any right of action of the company for the recovery of such moneys, to cut off and take away the supply of gas from the house, inn, tavern, shop, manufactory, warehouse or other buildings, premises or places of every such person making default in payment of such sum of money to the company for the space of seven days after such demand as aforesaid, and thenceforth to discontinue the supply of gas to such person. In addition to its other remedies (if any) for the recovery of any sum so due, the company may recover the same by action in any court of competent jurisdiction.

56 Mackay Gas Company Limited Act. 9 Euz. II., Penalty for inter- 32. Any person who wantonly or maliciously hinders rupting or interrupts the company or their respective agents, company's workmen. 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 Act granted, or who in any wise causes or procures such hindrance or interruption to take place, shall be guilty of an offence against this Act and liable to a penalty not exceeding twenty pounds. Upon conviction for an offence against this section the offender shall, additionally to the amount, if any, of penalty imposed, be ordered to pay the full amount of the damage which the court is satisfied the hindrance or interruption to which the conviction relates caused to the company. Any amount of damages ordered to be paid upon a conviction for an offence against this section shall upon recovery be paid to the company: Provided that the company may at their own option sue for the damage sustained by them through any such hindrance or interruption. Method of determining 33. Where by this Act any damages or charges are amount of directed or authorised to be paid or recovered summarily dchaamrgagesesinand • in addition to or as part of any penalty for any offence dcaisspeuotfe. against this Act, 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 of summary jurisdiction by or before which the offender shall be convicted of such offence. Method of exacting 34. When and so often as any sum of money shall payment of be directed or ordered, in any proceedings in a summary pcoemns-ation way under" The Justices Acts, 1886 to 1958," in pursuance opraydaabmleagbeys of this Act, to be paid by the company as or by way the of compensation or satisfaction for any material or company. costs, or for any damage, spoil or injury of any nature or kind whatsoever done or committed by the company or by any person acting by or under their authority,

1960. Mackay Gas Company Limited Act. and such sum of money shall not be paid by the company to the party or person entitled to receive the same within ten days after demand, in writing, shall have been made upon the company or their secretary in pursuance of such direction or order and in which demand such direction or order shall be stated, then and in such cases the amount of such compensation or satisfaction shall and may be levied and recovered by action at law against the company, or by distress and sale of the goods and chattels vested in the company by virtue of this Act, except as hereinbefore 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 grant, on application made to him for that purpose by the party entitled to receive such sum of money as by way of compensation or satisfaction for any such material, costs, damages, spoil or injury as aforesaid; and in case any overplus 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, then and in such case such overplus shall be returned on demand to the company. 57 35. All fines, penalties and forfeitures for any Recovery and every offence in this Act mentioned, in relation aanppdlieation to which the manner of convicting the offender or of °f penalties. applying the penalties is not particularly mentioned or directed, or which shall be inflicted or imposed by any rule, order or by-law to be made under the authority of this Act, shall be recoverable in a summary way under " The Justices Acts, 1886 to 1958." 36. It shall not be lawful for the company to Refusal of refuse to supply gas to any person on the ground alone cs:lp'apPlayngY.: that such person is using or contemplating the use of any other method of lighting or heating in substitution for or in combination with gas. If any person to whom the company has refused to supply gas shall allege that the true reason for such refusal is that such person is using or

58 Mackay Gas Company Limited Act. 9 ELiz. II., contemplating the use of any other method of lighting or heating in substitution for or in combination with gas, any such person may make complaint thereof before any justice of the peace, who may issue a summons to the company to appear before any two or more justices of the peace, who shall inquire into the matter of such complaint, and if such justices are of opinion that the true reason for such refusal of the company is that such person is using or is contemplating the use of any other method of lighting or heating in substitution for or in combination with gas, such justices may make an order upon the company to supply and continue to supply such person with gas until just cause to refuse to supply such person with gas shall arise. In case the company shall neglect or refuse to comply with such order of such justices, the company shall be liable to a penalty of five pounds per day whilst such neglect or refusal shall continue. Time 37. No person whosoever shall be subject or liable wpriothceinedwinhgicsh to any of_the penalties or forfeitures inflicted by this Act mtauksetnb. e for any offence against this Act, unless an action shall have been brought, or information or complaint respecting such offence or offences shall have been lodged, before some justice of the peace within three calendar months next after such offence shall have been committed. Prohibition of differential rates. 38. If the company shall supply gas to any person they shall so supply the same to him on the same terms to which any .other person is entitled under similar circumstances to a corresponding supply. Saving of rights .other than _those _herein mentioned. 39. Nothing in this Act contained shall be deemed to affect or apply to any right, title or interest of Her Majesty, Her heirs and successors, or of the Local Authorities respectively of the City of Mackay and the Shires of Pioneer, Mirani and Sarina or of any other person, excepting such as are mentioned herein, or of those claiming by or under any of them.

1960. Mackay Gas Company Limited Act. 59 40. Nothing herein contained shall create or be h Noth.ing deemed to create any liability upon the Local Authorities contained rMesipraencitiavnedlySoafritnhae iCnitryesopfeMct aocfkaanyyathnidngShdiorenseoofrPoimoniteteerd, lc u d ir p e ae e b o a m i n tlei e ty d to itno rbeeladtoionne tboyatnhyempipperesvoior uosthlyertowtohrekpsaosfsitnhge ocfomthpisanAyc.too A ff uttpihaeoorCkitiai7es and Shires of Pioneer, Mirani and Sarina in relation to pipes, &c. By Authority: S. G. REID, Government Printer, Brisbane-1960