Public Works (Port Kembla Electricity) Act 1929 (NSW)

PUBLIC WORKS (PORT KEMBLA

ELECTRICITY) ACT.

Act No. 18, 1929.

An Act to authorise the car ry ing out of cer ta in works of e lec t r ic i ty supply wi thin the Counties of Camden and St. Vincent a n d adjacent distr icts ; to authorise the Minister for Publ ic Works to generate and supply e lect r ic i ty ; to amend the Public Works Ac t , 1912, and certain other Acts ; to validate the construction of certain works and to ratify certain contracts entered into by the Minister for Public W o r k s ; and for purposes con­ nected therewi th . [Assented to , 8 t h April,

1929.]

lat ive Council and Legislat ive Assembly of New Smith	BE it enacted b y the King's Most Excellent Majes ty , by and with the advice and consent of the Legis ­
"Wales in Parliament assembled, and by the authority >>£ t h e same, a s follows : -
1 . This Act may be cited as the " P u b l i c Works (Port Kembla Electricity) Act, 1929," and shall be read and construed with the Public Works Act, 1912, as amended by subsequent Acts, which said Act as -o amended is in this Act referred to as the Principal Act .
2 . In this Act unless the context or subject matter otherwise requires,—

the First Schedule is hereby authorised, and the Minister is empowered to carry out the said works under the provisions of the Principal Act. (2.)

" F i n a n c i a l y e a r " means the period from the first

day of J u l y in one year to the thirtieth day

of J u n e in the next following year .

3 . (1) The carrying out of the works described in

(2) The said works shall be deemed to be autho­ rised works within the meaning' of the Principal Act.

(3) The provisions of sections thirty-four and thirty-five of the Principal Act shall not apply in respect of such works.

(4) The cost of carrying out the works described in the First Schedule, exclusive of land resumptions, is estimated at eight hundred thousand pounds and such estimated cost shall not under any circumstances, be exceeded by more than ten per centum.

(5) The plans of the works described in the Schedules are the plans marked "Por t Kembla Electricity Supply, Power Station Extensions,"and " Port Kembla Electricity Supply Transmission Line System," signed by the Minister, and countersigned by the Chief Electrical Engineer, and deposited in the office of the said Minister.
4 . The Minister may for the purposes of this Act place or carry electric transmission lines, conduits, and other works on, over, through, across, or by the side of any lands, street, road, bridge, viaduct, railway, waters or watercourse.

5.   The Principal Act is amended as follows:—

(a) by inserting after section four the following new section:—

4A. (1) The provisions of this Act relating to the acquisition of land shall, whether such easement or right is acquired separately from or together with any land, also apply to the

acquisition of an easement or right—
(a)	to use in any manner, for the construc­ tion and maintenance of works, the surface of land, and without limiting the generality of the foregoing purpose to use the surface—

(i) for canals, drainage, or storm-
water channels ; or

(ii)  for the erection and maintenance of wires or cables for the trans­ mission of electricity and the erection of the necessary supports therefor; or

(iii)

(hi) for the construction and mainten­

ance of manholes or ventilators;

(b) to use in any manner for the construc­ tion and .maintenance of works the subsoil or under-surface of land, and without limiting the generality of the foregoing purpose to use any of the strata beneath the surface—

(i)  for tunnels or pipes for the con­ veyance of water or sewage ; or

(ii)  for tunnels or conduits for elec­ tric wires or cables.

(2) Where an easement or right to use the surface of land is acquired, the easement or right shall be deemed to include a power, from time to time as occasion may require, to enter upon the land for the purpose of inspec­ tion and for carrying out of any additions, renewals, or repairs.

(3) Where an easement or right to use the subsoil or undersurface of land is acquired, no compensation shall be payable except for actual damage done in the construction of the work or occasioned thereby.

(b)	by adding at the end of section one hundred and thirty-eight the following proviso : —
Provided that, where an easement or right to use the surface or the subsoil or under- surface of any land is taken, the easement or

right shall not he deemed part of a house or

other building or manufactory.

6 . [1) Any works constructed or materials placed or laid in any road or place in order to be used for the purposes of construction of such electricity supply work or works incidental thereto, or for the supply of elec­ tricity in pursuance of this Act, shall remain the property of the Minister, and no annual or other charge shall he payable to any municipal, shire or county council in respect of the occupation of any road or damage thereto occasioned by the performance of any act authorised by this Act, hut any such damage shall he made good by the Minister.

(2)

(2) Where any electric lines, poles, meters, fit­ tings, apparatus, buildings or works belonging to the Minister are placed in or upon anyplace or building Cor the purpose of supplying electricity in pursuance of this Act, the same shall not be subject to distress for rent of the premises where the same may be, nor save in a pro­ ceeding at the suit of the Minister to bo taken in execution under the process of any court.

7. The Minister may generate and supply electricity within the counties of Camden and St. Vincent lor any purpose and may hereafter construct and extend trans­ mission lines for the supply of electricity and erect works incidental thereto, beyond the said counties, with the consent of any shire or municipal council through whose area such lines would pass and supply electricity over such lines.

A council is hereby empowered to give such consent.

8 . (1) The Minister may enter into contracts for the supply of electricity or for the purchase of electricity either in the form of electrical energy or waste heat upon such terms and conditions and for such periods as he may think proper.

(2) Any municipal, shire, or county council may contract with the said Minister for the supply of electricity to such council and upon such terms and conditions as may he agreed upon.

9 . Any person who unlawfully cuts or otherwise severs any wire or cable, damages any insulator, or so interferes with any part of the work connected with	any such system of electricity transmission as to break	the electric circuit or to cause short circuit, leakage,
or loss of current or interruption to the supply of current, shall be liable—

(a)	upon summary conviction to a penalty not exceeding fifty pounds and in addition to imprisonment for a term not exceeding six
months ; and
(b)	on conviction on indictment to a penalty not exceeding one hundred pounds and in addition to a term of imprisonment not exceeding live years.

1 0 . (1) A special account shall he kept in the Special Deposits Account in the Treasury to he called the " P o r t Kembla Electricity Supply "Working Account," and there shall he credited to such account all revenue received by the Minister from the works referred to in this Act.

There shall be debited to such account the following charges, in the order set out hereunder : —

Firstly, the cost of administration, operation, main­

tenance, repair, and renewal of the works.

Secondly, interest on the interest-bearing part of the capital debt referred to in section eleven at the current rate payable by the Government for loan moneys.

Thirdly, contributions to the renewal reserve

referred to in section twelve.

Fourthly, such contributions to a sinking fund as

the Colonial Treasurer may direct.

Any balance shall be applied at the Minister's discretion either in reduction of the capital debt or towards the cost of constructing or extending the works.

(2) Payments of interest under this section shall

be carried to the Consolidated Revenue Fund.

1 1 . (1) The capital debt in respect of the works constructed or partially constructed under this Act, and those described in the Second and Third Schedules, which works shall be regarded as one undertaking, is hereby declared to be the sum of three hundred and seventy-four thousand nine hundred and twenty-six pounds eight shillings and four pence as at the thirtieth

eight, but may be added to as provided in the next	day of June , one thousand nine hundred and twenty-
subsection.
Of such capital debt the sum of three hundred and three thousand two hundred and seventy-two pounds five shillings and ten pence shall bear interest, and the balance amounting to seventy-one thousand six hundred and fifty-four pounds two shillings and sixpence shall not bear interest.
(2) The Minister shall, as soon as practicable after the commencement of the financial year com­ mencing on the first day of July, one thousand nine

hundred

hundred and twenty-nine, and of each succeeding financial year, certify the total expenditure out of loan moneys during the preceding financial year.

Such expenditure shall he notified by the Minister in the Gazette, and shall he added to and become part of the interest-bearing capital debt of the undertaking.

1 2 . (1) A special account shall be kept in the Special Deposits Account in the Treasury called the " Port Kembla Electricity Supply Renewal Reserve Account."

A contribution to such account shall be made from the revenue of the undertaking as soon as practicable after the commencement of each financial year equal to four per centum of the capital debt outstanding at the end of the then next preceding financial year.

The first of such contributions to be made in the year commencing on the first day of July, one thousand nine hundred and twenty-nine.

Such account shall be credited half-yearly w i t h

interest on the daily credit balance at such rate as the
Colonial Treasurer may from time to time direct.

(2) The Minister may invest part or the whole of the balance at credit of the account in Commonwealth or New South Males Government stock or securities or on fixed deposit with the Colonial Treasurer, and the interest accruing therefrom shall be regularly credited to such account.

(3) The account shall be drawn upon only for

renewing or replacing capital assets.

(4) If the Minister considers the amount at credit in the Working Account is insufficient to meet the aforesaid annual contribution, having regard to the liabilities referred to in section ten, such contribution shall be allowed to remain a charge on the Working Account.

Interest at the rate of four and one-half per centum per annum on the amount of such contribution shall be credited to the Renewal Reserve Account and debited to the Working Account for the period during which the contribution so remains a charge.

1 3 . (1) The Governor may make regulations not inconsistent with this Act prescribing all matters which by this Act are required, or authorised to he prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Such regulations shall—

(a) be published in the Gazette ;

(b)	take effect from the date of publication or from a later date to be specified therein; and
(c)	be laid before both Houses of Parliament with­ in fourteen sitting days of publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement

of the next session.

(3) If either House of Parliament passes a reso­ lution of which notice has been given at any time within fifteen sitting days after such regulation has been laid before such House disallowing the regulation or part

thereof, such regulation or part shall thereupon cease to

have effect.

1 4 . (1) The carrying out of the works described in the Second Schedule is hereby validated, and the pro­ visions of this Act shall apply to such works.

(2) All contracts entered into by the Minister before the commencement of this Act for the supply or purchase of electricity shall, if the said contracts would have been valid if made after such commencement, be and be deemed to have been valid and effectual from the making of such contracts, and all things done by the

hereby ratified and confirmed. parties to such contracts in pursuance thereof are SCHEDULES.

SCHEDULES.

F I R S T SCHEDULE.

THe extension of the existing Electric Generating Station at Port K embla, to have a plant capacity of 25,000 kW, complete with turbo generators, boilers, switchgear, transformers, circulating water system, coal handling plant and all necessary auxiliary apparatus.

Transmission and service lines and substations to supply electricity throughout the Counties of Camden and St. Vincent. The following transmission lines will be included, namely :—

Northern line from Wollongong to Bulli. Southern line from Nowra to Jervis Bay. An inter-connecting, line from Kiama to Moss Vale, via Jamberoo

and Robertson.

Spur lines from Moss Vale to Bundanoon, and from the Avon

Damn to Picton.

Also transmission lines to inter-connect the system with any other electricity supply system.

The works to he subject to such modifications and deviations as the constructing authority may deem necessary.

SECOND SCHEDULE.

Tin' Electric Generating Station at Port Kembla, (.'(insisting of three 1,50© kW turbo generators and one 3,000 kW generator, together with all boilers, switch gear, transformers, circulating water system and other auxiliary plant.

Transmission lines from Kiama to Nowra, and from Port Kembla to AVollongong, together with substations and service lines : also further transmission lines, which will in all supply the municipalities of Wol­ longong, Central Hlawarra, Shellharbour, Berry, Nowra, the Nattai Shire, and also Government undertakings and private consumers.

T H I R D SCHEDULE.

Transmission lines constructed pursuant to the provisions of the .Vets indicated, namely -

Port Kembla to Cordeaux (Sydney Water Supply—Cordeaux

River Dam Act, I 916).

Cordeaux to Avon (Sydney Water Supply—Avon River Dam

Act, Kill)).

Avon to Moss Vale (Mittagong, Bowral, and Moss Vale Trans­

mission Line Act, 1922).

Port Kembla to Kiama, via Shellharbour (South Coast Towns

Transmission Line A c t , 1922).

MOSS