State Electricity Commission Acts and Other Acts Amendment Act of 1964 (Qld)

662 QfItcctlE[aut'a ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 59 of 1964 An Act to Amend "The State Electricity Commission Acts, 1937 to 1964," "The Electric Light and Power Acts, 1896 to 1962," "The Regional Electric Authorities Acts, 1945 to 1962," "The NorthernElectricAuthorityofQueenslandAct of 1963," and "The Southern Electric Authority of Queensland Acts, 1952 to 1958 ," each in certain particulars, and to Repeal "The W ater Power Act of 1922" [ASSENTED TO 22ND DECEMBER, 1964] BE IT 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:- PART I-PRELIMINARY 1. Short title . This Act may be cited as " The State Electricity Commission Acts and Other Acts Amendment Act of 1964." 2. Parts of Act. This Act is divided into Parts as follows :- PART I-PRELIMINARY; PART II-AMENDMENTS OF " THE STATE ELECTRICITY COMMISSION ACTS, 1937 TO 1964 "; PART III-AMENDMENTS OF " THE ELECTRIC LIGHT AND POWER ACTS, 1896 TO 1962 ";

State Electricity Commission Acts, Etc., Act of 1964, No. 59 663 PART IV-AMENDMENTS OF " THE REGIONAL ELECTRIC AUTHORITIES ACTS, 1945 TO 1962 "; PART V--AMENDMENTS OF " THE NORTHERN ELECTRIC AUTHORITY OF QUEENSLAND ACT OF 1963 "; PART VI-AMENDMENTS OF " THE SOUTHERN ELECTRIC AUTHORITY OF QUEENSLAND ACTS, 1952 TO 1958 "; PART VII-REPEAL OF " THE WATER POWER ACT OF 1922 " PART 11-AMENDMENTS OF " THE STATE ELECTRICITY COMMISSION ACTS, 1937 TO 1964" 3. (1) Construction . This Act shall be read as one with " The State Electricity Commission Acts, 1937 to 1964." (2) Collective title. " The State Electricity Commission Acts, 1937 to 1964," and this Part II of this Act may be collectively cited as " The State Electricity Commission Acts, 1937 to 1964." 4. Amendments of s. 5 . Section five of "The State Electricity Commission Acts, 1937 to 1964 " is amended by- (a) in subsection (3) omitting the first two paragraphs (being the paragraphs commencing with the words " Not more than " and " The appointment of ") and inserting in their stead the following paragraphs:- " The Governor in Council may from time to time appoint such and so many Deputy Commissioners for Electricity Supply as he considers necessary. A Deputy Commissioner may be appointed generally or in respect of a specified portion of the State." (b) in subsection (4) inserting in paragraph (a) after the words " or if there are two " the words " or more ". 5. Amendments of 1 Geo . VI No. 26. " The State Electricity Commission Acts, 1937 to 1964," are amended by repealing Schedules II, III, and IV. PART III-AMENDMENTS OF " THE ELECTRIC LIGHT AND POWER ACTS, 1896 TO 1962" 6. (1) Construction . This Part III of this !Act shall be read as one with " The Electric Light and Power Acts, 1896 to 1962." (2) Collective title . " The Electric Light and Power Acts, 1896 to 1962," and this Part III of this Act may be collectively cited as " The Electric Light and Power Acts, 1896 to 1964." 7. Amendments of s. 12B . Section 12B of " The Electric Light and Power Acts, 1896 to 1962 " is amended by- (a) inserting after subsection (3) the following subsection- " (4) To the extent necessary to give effect thereto this section shall be read and construed with and as modifying " The Public Works Land Resumption Acts, 1906 to 1955," and in so reading, construing, and modifying such lastmentioned Acts,- (a) the term " land " shall include any land, or any estate or interest in any land held under any tenure or subject to any trust under any Act relating to the occupation, leasing or alienation of Crown land;

664 State Electricity Commission Acts, Etc., Act of 1964, No. 59 (b) the term " Registrar of Titles " shall include the authority charged with registering instruments of title to the tenure of any land; and (c) the term " constructing authority " includes the Electric Authority: Provided that no provision of any Acts referred to in this subsection shall- (a) entitle or be deemed to entitle, any person to claim compensation in excess of the value of his estate or interest in any land acquired by the Electric Authority pursuant to this section; and (b) prevent the Electric Authority from taking an easement upon such land."; (b) renumbering subsection (4) as subsection (5); and (c) amending subsection (5) as so renumbered by this section by inserting after the words " by agreement " the words " or pursuant to " The Public Works Land Resumption Acts, 1906 to 1955 " ". 8. Amendments of s. 38 . Section thirty-eight of " The Electric Light and Posner Acts, 1896 to 1962," is amended by- (a) re-numbering that section as subsection (1); and (b) adding to that section as so re-numbered the following subsection:- - (2) Transformer substations on consumers ' premises. (a) Notwithstanding anything contained in subsection (1) of this section if it is found necessary by an Electric Authority at any time to extend or increase the capacity of its works in order to supply electricity or to increase or maintain the supply of electricity to consumers in any premises where the aggregate maximum demand for such supply by the consumers exceeds, or is estimated by the Electric Authority as determined by the methods specified by the Standards Association of Australia Wiring Rules to exceed, 100 kilovolt amperes, the Electric Authority shall not be required to give or continue to give a supply of electricity to such consumers or to the premises which they occupy unless the owner of the premises provides free of cost to the Electric Authority the space necessary for and suitable to the erection of a transformer substation on such premises and grants a right-of-way to the Electric Authority for its electric lines and cables to and from such substation and for access by the Electric Authority to its equipment on the premises at all times and in such manner that the Electric Authority shall be able to install, maintain or remove its equ:,.ment at any time without hindrance or obstruction. (b) The adaptation of space within the premises for the specific purpose required including the provision of additional doors and handling facilities shall be the responsibility of the Electric Authority. The provision of electric lines and of inward and outward cables to and from the transformer substation required for the supply of electricity to consumers not situated within the premises shall be the responsibility of the Electric Authority. (c) The Electric Authority shall provide and install all electric lines, cables and equipment necessary for the supply of electricity in accordance with this subsection and such lines, cables and equipment shall be and remain the property of the Electric Authority: Provided however that the Electric Authority may require the owner of the premises to meet the costs of such part of the incoming electric line in excess of that normally provided free by the Electric Authority.

State Electricity Commission Acts, Etc., Act of 1964, No. 59 665 (d) The transformer, instruments and other apparatus erected by the Electric Authority in any substation installed under the provisions of this subsection shall be and remain under its sole control. (e) The Electric Authority shall be entitled by agreement in writing with the owner to use any electric line, cable or equipment installed by it on any premises under the provisions of this subsection for the purpose of giving or maintaining a supply of electricity to consumers not within the premises as well as to those who occupy such premises: Provided that if the owner of the premises in which the transformer substation and equipment are installed is put to expense by reason of the Electric Authority exercising this right or if the owner is required to allot or make available to the Electric Authority a larger space in his premises than would otherwise be necessary to provide a supply of electricity to the consumers in those premises alone, compensation in the form of an annual rental for the space occupied by the transformer substation and equipment shall be paid by the Electric Authority to the owner in an amount and in a manner agreed upon between the parties. When agreement has been reached upon an annual rental for such space in the premises then the minimum period for which such rental shall apply without variation shall be five years. If agreement cannot be reached as to the amount of rental to be paid or as to any other matter arising under this paragraph (e), then the matter in issue shall be determined by the Commission. The agreement shall remain in force for so long as electricity is or continues to be supplied and consumed in the premises of the owner irrespective of any subsequent change in maximum demand by the consumers therein but the conditions may be varied by agreement between the parties subject to the approval of the Commission. In the event of the supply of electricity to the premises being discontinued the Electric Authority shall remove at its own cost its electric lines, cables and equipment if required to do so by the owner. (f) If the owner of the premises is dissatisfied with any decision of the Electric Authority under the provisions of this subsection he may appeal to the Commission which may in its discretion set aside or vary any such decision and substitute any other decision therefor. The decision or determination of the Commission shall be final and conclusive and shall be binding on the Electric Authority, the owner and on any consumer or other person affected by it. (g) Under special circumstances and with the approval of the Commission the provisions of this subsection may be applied in the case of supply of electricity to consumers in premises where the aggregate maximum demand by the consumers is or is estimated by the Electric Authority to be less than 100 kilovolt amperes. (h) For the purposes of this subsection- (a) the term "space" shall include and be deemed to include a suitable floor or foundation, walls or enclosure and ceiling in that part of the premises where the transformer substation is to be located and installed and provision made for the entry and exit of the electric line and cables; and (b) the term " owner " shall include and be deemed to include any person or body corporate being the immediate proprietor, lessee or occupier of any premises or any part thereof.

666 State Electricity Commission Acts, Etc ., Act of 1964, No. 59 (i) Section twenty-six of this Act shall not apply to this subsection and no further or other compensation than the rental aforesaid (if any) shall be payable to or recoverable by the owner of the premises for or in respect of any transformer substation installed therein by the Electric Authority under the provisions of this subsection. (j) Unless the parties otherwise agree, the provisions of this subsection shall not affect any agreement (providing for the construction of a transformer substation on premises), made between an Electric Authority and the owner of such premises prior to the passing of " The State Electricity Commission Acts and Other Acts Amendment Act of 1964"'° 9. New s. 38B inserted . " The Electric Light and Power Acts, 1896 to 1962," are amended by inserting after section 38A the following section:- " [38B.] Temporary interruption of supply. An Electric Authority shall not be liable in damages to any consumer or person by reason of any partial or total failure of the supply of electricity for any cause whatsoever which is not due to the negligence or default of the Electric Authority, and the Electric Authority may at any time temporarily discontinue the supply of electricity to any consumer or person whenever in its opinion such action is desirable for the purpose of ensuring the efficient operation of any works under the control of the Electric Authority." 10. Amendment of s. 41 . Section forty-one of " The Electric Light and Power Acts, 1896 to 1962," is amended by omitting subsection (1) and inserting in its stead the following subsection:- " (1) The Commission may, with the approval of the Governor in Council, make by-laws not inconsistent with this Act or the regulations, for the carrying into effect of the several provisions, intentions and objects of this Act. Without limiting the powers of the Commission in that behalf, the Commission may make by-laws for all or any of the following matters and things, that is to say:- (a) the conditions under which electricity shall be supplied by the Electric Authority to consumers and the rights of consumers to a supply of electricity; (b) the conditions under which electric lines and works and electrical fittings, equipment and apparatus are to be fixed and maintained and the standards to be observed in relation thereto; (c) wiring rules and conditions to be observed by electrical contractors and consumers and others, for the purpose of wiring or providing or obtaining a supply of electricity to any premises of a consumer; (d) the rights, duties and responsibilities of consumers; (e) the conditions under which electricity supplied by the Electric Authority to a consumer may be consumed and used; (f) installation inspectors and their functions, powers and duties; (g) street lights; (h) the securing of the safety of the public from personal injury or from fire, shock or otherwise; (i) the protection of the property of the Electric Authority from trespass or damage; (j) the prevention of obstruction to any person acting under the authority of the Electric Authority;"

State Electricity Commission Acts, Etc., Act of 1964, No. 59 667 PART IV-AMENDMENTS OF " THE REGIONAL ELECTRIC AUTHORITIFS ACTS, 1945 TO 1962" 11. (1) Construction . This Part IV of this Act shall be read as one with " The Regional Electric Authorities Acts, 1945 to 1962." (2) Collective title. "The Regional Electric Authorities Acts, 1945 to 1962," and this Part IV of this Act may be collectively cited as " The Regional Electric Authorities Acts, 1945 to 1964." 12. New s. 28A inserted . " The Regional Electric Authorities Acts, 1945 to 1962," are amended by inserting after section twenty-eight the following section:- " [28A.] Deputies for members . (1) A member, other than the member nominated by the Commission, who will be absent from any ordinary meeting of a Regional Board, and who has been granted leave of absence from such meeting by such Regional Board, may, subject to this section, nominate in writing a deputy to act in his place at the meeting in question. If the Regional Board approves the nomination, subject to this section the nominee may, in respect of the meeting in question, act in place of the member whose nominee he is, and in respect of so acting shall have the immunities, powers, authorities and duties of such member. (2) In the case of the chairman or deputy chairman, a deputy nominated and approved under this section shall act as a member only and shall not act as the chairman or, as the case may be, deputy chairman, or preside at any meeting of the Board. (3) A member shall not nominate as his deputy, and the Board shall not approve as the deputy for a member, a person who is not a member of the Local Authority represented by such member or, if such member represents a group of Local Authorities, of a Local Authority included in such group. In the case of a group of Local Authorities, the nominee shall be a member of a Local Authority other than the Local Authority whereof the nominator is a member. (4) A person incapable under the provisions of section twenty-one of this Act or otherwise of holding office as the member of a Regional Board shall not be nominated or approved as a deputy. If a deputy becomes so incapable after nomination and approval, the nomination and approval shall forthwith upon and by virtue of his becoming incapable become and be void. (5) If the nominator ceases for any cause whatsoever to be a member of the Regional Board, the nomination and approval shall forthwith upon and by virtue of the nominator so ceasing become and be void." 13. New s. 51A inserted . " The Regional Electric Authorities Acts, 1945 to 1962 " are amended by inserting after section fifty-one the following section:- "[51A.] Overtime payments . Notwithstanding the provisions of paragraph (c) of subsection (1) of section fourteen of " The Industrial Conciliation and Arbitration Acts, 1961 to 1963," the working of overtime by a person employed by any Regional Electricity Board at a salary in excess of the rate of two thousand two hundred pounds per annum, or

668 State Electricity Commission Acts, Etc., Act of 1964, No. 59 such greater sum as the Governor in Council (who is hereby thereunto authorized) shall from time to time determine, and remuneration in respect of such overtime shall be in the discretion of the Regional Electricity Board concerned." 14. Amendments of s. 52 . Section fifty-two of " The Regional Electric Authorities Acts, 1945 to 1962," is amended by- (a) in subsection (1)-- (i) omitting the words " and distinct and separate banking accounts shall be kept in respect of each fund "; and (ii) adding the following paragraph- " Each Regional Board shall keep such bank accounts as may be required by the Auditor-General and the Commission "; and (b) adding to subsection (3) the following paragraph:- (v) prescribing the manner in which unclaimed moneys are to be dealt with by a Regional Board." 15. Repeal of and new s . 58. " The Regional Electric Authorities Acts, 1945 to 1962," are amended by repealing section fifty-eight and inserting in its stead the following section:- " [58.] Debentures . (1) Subject to this Act, all debentures shall be issued in such series, at such time, and in such a manner as the Regional Board thinks fit, and shall be charged and secured upon all the assets and revenues of the Regional Board howsoever arising, subject to any prior debentures, bonds or stock issued according to law. Such debentures shall bear interest at the rate and shall be repayable on the date respectively prescribed in the Order in Council. (2) Every such debenture shall be under the seal of the Regional Board and shall be signed by the Chairman and Manager, and when so sealed and signed shall be deemed to have been duly issued, and the holder thereof shall not be bound to inquire whether such issue was in fact duly authorized. (3) The Regional Board may authorize the sale or disposal of any such debentures in Queensland or in places beyond Queensland, and may appoint an agent or agents to negotiate such sale. (4) Every debenture shall specify the place and time where and when the principal and interest are payable. (5) Any debenture may at the option of the lender be issued with or without coupons. If issued with coupons, the debenture shall have annexed thereto for every payment (whether of principal or interest, or principal and interest) to grow due thereon a coupon. (6) Every debenture and every coupon annexed to any debenture shall be transferable by delivery. (7) In the case of any debenture issued with coupons the holder of any such coupon shall be entitled to receive from the Regional Board payment of the sum specified in the coupon upon presentation thereof, either annexed to or separated from the debenture, at the place where, and on or after the date when, such sum is payable.

State Electricity Commission Acts, Etc., Act of 1964, No. 59 669 (8) In the case of any debenture issued without coupons, the lender or, in the event of the transfer of such debenture at any time or from time to time , the transferee for the time being shall , subject to this subsection , be entitled to receive payments from the Regional Board in respect of principal or interest, or both , in accordance with the terms and conditions of the debenture. A transferee with respect to whom the Regional Board has not been given notice as prescribed shall not be entitled to receive , and the Regional Board shall not be liable to make to such a transferee , any payment in respect of any debenture issued without coupons ( except under attachment by process of law and then only to the extent of moneys due and payable to such transferee under the debenture and unpaid by the Regional Board to the lender or a prior transferee). The entitlement of a transferee with respect to whom the Regional Board has been given notice as prescribed to receive any payment in respect of a debenture issued without coupons shall be subject to any payment which, having become due and payable under such debenture before the Regional Board was given such notice , was made by it to the lender or a prior transferee. In this subsection the expression " notice as prescribed " means a notice in writing signed by the transferor and transferee and verified to the satisfaction of the Regional Board. (9) The power of the Governor in Council to make regulations shall include power to prescribe standard forms of debentures. A lender may agree to accept a standard form of debenture, but no lender shall be bound to do so unless by his agreement. (10) In the case of any debenture issued prior to the date , in this section referred to as the " said date " of the passing of " The State Electricity Commission Acts and Other Acts Amendment Act of 1964," the Regional Authority and the lender may, with the approval of the Commission , agree to deal with such debenture on and after the said date as if it had been issued without coupons. Every such agreement shall contain conditions providing for- (a) the surrender by the lender to and the cancellation by the Regional Board when the debenture expires, is sold or is transferred of all coupons annexed to the debenture which have not been surrendered to and cancelled by the Regional Board before the said date; (b) the safekeeping by the lender of all coupons annexed to the debenture referred to in subparagraph (a) of this paragraph pending their surrender to and cancellation by the Regional Board; (c) the lender indemnifying the Regional Board against any liability in law of the Regional Board to make any payment in respect of any coupon referred to in subparagraph ( a) of this paragraph to a person other than the lender;

670 State Electricity Commission Acts, Etc., Act of 1964, No. 59 (d) the other things and steps to be done and taken by the lender for the purpose of safeguarding the Regional Board against claims by persons other than the lender for any payment in respect of any coupon referred to in subparagraph (a) of this paragraph." 16. Amendment of s. 74. Section seventy-four of " The Regional Electric Authorities Acts, 1945 to 1962 " is amended by omitting the words " Except in cases of emergency and with the approval of the Commission " and inserting in their stead the words " Except where the Commission certifies that an emergency or special circumstances exist,". PART V-AMENDMENTS OF " THE NORTHERN ELECTRIC AUTHORITY OF QUEENSLAND ACT OF 1963 " 17. (1) Construction . This Part V of this Act shall be read as one with " The Northern Electric Authority of Queensland Act of 1963." (2) Collective title. " The Northern Electric Authority of Queensland Act of 1963 " and this Part V of this Act may be collectively cited as " The Northern Electricity Authority of Queensland Acts, 1963 to 1964." 18. Amendment of s. 27. Section twenty-seven of " The Northern Electric Authority of Queensland Act of 1963 " is amended by inserting in subsection (2) the following paragraph:- Notwithstanding the provisions of paragraph (c) of subsection (1) of section fourteen of " The Industrial Conciliation and Arbitration Acts, 1961 to 1963, the working of overtime by a person employed by the Authority at a salary in excess of the rate of two thousand two hundred pounds per annum, or such greater sum as the Governor in Council (who is hereby thereunto authorized) shall from time to time determine, and remuneration in respect of such overtime shall be in the discretion of the Authority." 19. Amendments of s. 32 . Section thirty-two of " The Northern Electric Authority of Queensland Act of 1963 " is amended by- (a) inserting in subsection (2) the following paragraph:- " To the extent necessary to give effect thereto this section shall be read and construed with and as modifying " The Public Works Land Resumption Acts, 1906 to 1955," and in so reading, construing, and modifying such lastmentioned Acts; (a) the term "land" shall include any land, or any estate or interest in any land held under any tenure or subject to any trust under any Act relating to the occupation, leasing or alienation of Crown land;

State Electricity Commission Acts , Etc., Act of 1964, No. 59 671 (b) the term " Registrar of Titles " shall include the authority charged with registering instruments of title to the tenure of any land; and (c) the term " constructing authority " includes the Authority: Provided that no provision of any Acts referred to in this subsection shall- (a) entitle or be deemed to entitle, any person to claim compensation in excess of the value of his estate or interest in any land acquired by the Authority pursuant to this section; and (b) prevent the Authority from taking an easement upon such land."; and (b) amending subsection (10) by inserting after the words "by agreement " the words " or pursuant to " The Public Works Land Resumption Acts, 1906 to 1955 " ". PART VI-AMENDMENTS OF " THE SOUTHERN ELECTRIC AUTHORITY OF QUEENSLAND ACTS, 1952 TO 1958 " 20. (1) Construction . This Part VI of this Act shall be read as one with " The Southern Electric Authority of Queensland Acts, 1952 to 1958." (2) Collective title. •" The Southern Electric Authority of Queensland Acts, 1952 to 1958 " and this Part VI of this Act may be collectively cited as " The Southern Electric Authority of Queensland Acts, 1952 to 1964." 21. Amendments of s. 47. Section forty-seven of " The Southern Electric Authority of Queensland Acts, 1952 to 1958 " is amended by- (a) inserting in subsection (2) the following paragraphs:- " To the extent necessary to give effect thereto this section shall be read and construed with and as modifying " The Public Works Land Resumption Acts, 1906 to 1955," and in so reading, construing, and modifying such Iastmentioned Acts,- (a) the term "land" shall include any land, or any estate or interest in any land held under any tenure or subject to any trust under any Act relating to the occupation, leasing or alienation of Crown land; (b) the term " Registrar of Titles " shall include the authority charged with registering instruments of title to the tenure of any land; and (c) the term " constructing authority " includes the Authority: Provided that no provision of any Acts referred to in this subsection shall- (a) entitle or be deemed to entitle, any person to claim compensation in excess of the value of his estate or interest in any land acquired by the Authority pursuant to this section; and

672 State Electricity Commission Acts, Etc., Act of 1964, No. 59 (b) prevent the Authority from taking an easement upon such land."; (b) amending subsection (10) by inserting after the words " by agreement " the words " or pursuant to " The Public Works Lard Resumption Acts, 1906 to 1955 " " 22. Amendments of s. 59 . Section fifty-nine of " The Southern Electric Authority of Queensland Acts, 1952 to 1958 " is amended by- (a) renumbering that section as subsection (1); and (b) adding to that section as so renumbered the following subsection:- " (2) Transformer substations on consumers ' premises. (a) Notwithstanding anything contained in subsection (1) of this section if it is found necessary by the Authority at any time to extend or increase the capacity of its works in order to supply electricity or to increase or maintain the supply of electricity to consumers in any premises where the aggregate maximum demand for such supply by the consumers exceeds, or is estimated by the Authority as determined by the methods specified by the Standards Association of Australia Wiring Rules to exceed, 100 kilovolt amperes, the Authority shall not be required to give or continue to give a supply of electricity to such consumers or to the premises which they occupy unless the owner of the premises provides free of cost to the Authority the space necessary for and suitable to the erection of a transformer substation on such premises and grants a right- of-way to the Authority for its electric lines and cables to and from such substation and for access by the Authority to its equipment on the premises at all times and in such manner that the Authority shall be able to install, maintain or remove its equipment at any time without hindrance or obstruction. (b) The adaptation of space within the premises for the specific purpose required including the provision of additional doors and handling facilities shall be the responsibility of the Authority. The provision of electric lines and of inward and outward cables to and from the transformer substation required for the supply of electricity to consumers not situated within the premises shall be the responsibility of the Authority. (c) The Authority shall provide and install all electric lines , cables and equipment necessary for the supply of electricity in accordance with this subsection and such lines, cables and equipment shall be and remain the property of the Authority: Provided however that the Authority may require the owner of the premises to meet the costs of such part of the incoming electric line in excess of that normally provided free by the Authority. (d) The transformer, instruments and other apparatus erected by the Authority in any substation installed under the provisions of this subsection shall be and remain under its sole control.

State Electricity Commission Acts, Etc., Act of 1964, No. 59 673 (e) The Authority shall be entitled by agreement in writing with the owner to use any electric line, cable or equipment installed by it on any premises under the provisions of this subsection for the purpose of giving or maintaining a supply of electricity to consumers not within the premises as well as to those who occupy such premises: Provided that if the owner of the premises in which the transformer substation and equipment are installed is put to expense by reason of the Authority exercising this right or if the owner is required to allot or make available to the Authority a larger space in his premises than would otherwise be necessary to provide a supply of electricity to the consumers in those premises alone compensation in the form of an annual rental for the space occupied by the transformer substation and equipment shall be paid by the Authority to the owner in an amount and in a manner agreed upon between the parties. When agreement has been reached upon an annual rental for such space in the premises then the minimum period for which such rental shall apply without variation shall be five years. If agreement cannot be reached as to the amount of rental to be paid or as to any other matter arising under this paragraph ( e), then the matter in issue shall be determined by the Commission. The agreement shall remain in force for so long as electricity is or continues to be supplied and consumed in the premises of the owner irrespective of any subsequent change in maximum demand by the consumers therein but the conditions may be varied by agreement between the parties subject to the approval of the Commission. In the event of the supply of electricity to the premises being discontinued the Authority shall remove at its own cost its electric lines, cables and equipment if required to do so by the owner. (f) If the owner of the premises is dissatisfied with any decision of the Authority under the provisions of this subsection he may appeal to the Commission which may in its discretion set aside or vary any such decision and substitute any other decision therefor. The decision or determination of the Commission shall be final and conclusive and shall be h inding on the Authority, the owner and on any consumer or other person affected by it. (R) Under special circumstances and with the approval of the Commission the provisions of this subsection may be applied in the case of supply of electricity to consumers in premises where the aggregate maximum demand by the consumers is or is estimated by the Authority to be less than 100 kilovolt amperes. (h) For the purposes of this subsection- (a) the term - space " shall include and be deemed to include a suitable floor or foundation walls, or enclosure and ceiling in that part of the premises where the transformer substation is to be located and installed and provision made for the entry and exit of the electric lines and cables; and (b) the term " owner " shall include and be deemed to include any person or body corporate being the immediate proprietor. lessee or occupier of any premises or any part thereof. 22

674 State Electricity Commission Acts, Etc., Act of 1964, No. 59 (i) Section fifty-one of this Act shall not apply to this subsection and no further or other compensation than the rental aforesaid (if any) shall be payable to or recoverable by the owner of the premises for or in respect of any transformer substation installed therein by the Authority under the provisions of this subsection, (j) Unless the parties otherwise agree, the provisions of this subsection shall not affect any agreement (providing for the construction of a transformer substation on premises), made between the Authority and the owner of such premises prior to the passing of " The State Electricity Commission Acts and Other Acts Amendment Act of 1964 " ". PART V11 - REPEAL OF " THE W ATER P OWER ACT OF 1922 " 23. Repeal of 13 Geo. V No. 20 . " The Water Power Act of 1922," is hereby repealed.