War Precautions (Coal) Regulations

Legislation au C1916L00299 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1916. No. 299.

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REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations, under the War Precautions Act 1914-1916, to come into operation forthwith.

Dated this twenty-third day of November, 1916.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

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War Precautions (Coal) Regulations.

Short title.

1. These Regulations may be cited as the War Precautions (Coal) Regulations.

Definitions.

2. In these Regulations—

“Coal Board” means a Board appointed by the Minister in pursuance of Regulation 3.

“Electric Light Company” and “Gas Company” include respectively any electric light or gas undertaking of a local authority.

“Minister” means the Minister of State for the Navy.

Power to appoint Coal Board or Boards.

3. The Minister may appoint for the purpose of these Regulations such Board or Boards as he thinks fit, consisting of one or more persons, to exercise in relation to the supply of coal such functions as are conferred upon them by these Regulations or by order of the Minister.

Returns by persons holding stocks of coal or coke.

4. (1) Subject to this Regulation—

(a) any person, firm, or company; and

(b) any authority constituted under the Commonwealth or any State,

possessing, whether for industrial purposes or not, more than five tons of coal or coke shall, within seven days from the commencement of this Regulation, submit to the respective officers specified in the next succeeding Sub-Regulation, a return verified by statutory declaration setting forth the quantity and nature of the coal or coke possessed by him or it, and the place at which such coal or coke is stored.

C.15649.—Price 3d.


(2) The officers to whom returns in accordance with Sub-Regulation:(1) of this Regulation are to be forwarded are the following, viz.:—

(a) In the State of New South Wales—The Commodore-in-Charge, Garden Island, Sydney;

(b) in the State of Victoria—The Director of Navy Contracts, Navy Office, Melbourne;

(c) in the State of Queensland—The District Naval Officer, Naval Staff Office, Brisbane;

(d) in the State of South Australia—The District Naval Officer, Naval Staff Office, Birkenhead;

(e) in the State of Western Australia—The District Naval Officer, Naval Staff Office, Fremantle; and

(f) in the State of Tasmania—The District Naval Officer, Naval Staff Office, Hobart.

Use of coal and coke for industrial purposes.

5. (1) Subject to this Regulation all persons, firms, companies, and authorities to whom or to which the preceding Regulation applies, are prohibited from using for industrial purposes any coal or coke in their possession except under and in accordance with special permits or directions from the Minister or a Coal Board.

(2) Notwithstanding anything contained in this Regulation, any of the following persons, firms, companies, or authorities, viz.:—

(a) Any Railway Department of the Commonwealth or a State;

(b) any public tramway company or trust;

(c) any electric light company;

(d) any gas company;

(e) any public hospital;

(f) any person, firm, or company carrying on the business of refrigerating perishable produce;

(g) any factory which is manufacturing goods for the Department of Defence or the Department of the Navy;

(h) any flour mill;

(i) any newspaper office; or

(j) any butchering, baking, or dairy produce establishment, or fish store;

may, for a period not exceeding seven days from the commencement of these Regulations, use for industrial purposes any coal or coke in their possession.

(3) Where any of the persons, firms, companies, or authorities specified in the next preceding Sub-Regulation carries on in addition any other business, manufacture, or service, the provisions of that Sub-Regulation shall not be held to authorize the use of coal or coke for industrial purposes in connexion with that other business, manufacture, or service.

Coal not to be supplied without consent.

6. No person, firm, company, or authority constituted under Commonwealth or any State shall, without the consent, in writing, of the Minister or Coal Board, supply coal or coke to any person, firm company, or authority for any purpose whatever.

Supply of power for industrial purposes.

7. (1) Subject to this Regulation, all electric light and gas companies are prohibited from supplying to any person, firm, company, or authority, without the consent, in writing, of the Minister or a Coal Board, electric current or gas as power for industrial purposes.


(2) Notwithstanding anything contained in this Regulation, electric current or gas may, for a period not exceeding seven days from the commencement of these Regulations, be supplied to any of the following persons, firms, companies, and authorities, namely:—

(a) Any Railway Department of the Commonwealth or a State;

(b) any public tramway company or trust;

(c) any public hospital;

(d) any person, firm, company, or authority carrying on the business of refrigerating perishable produce;

(e) any factory which is manufacturing goods for the Department of Defence or the Department of the Navy;

(f) any flour mill;

(g) any newspaper office;

(h) any butchering, baking, or dairy produce establishment, or fish store;

(i) any medical practitioner or dental surgeon; or

(j) any authority, person, firm, or company for use in connexion with the performance of any function in which the stoppage of electric current or gas as power is likely to endanger human life.

(3) No person, firm, company, or authority, other than a person, firm, company, or authority to whom or which electric current or gas has, in accordance with these Regulations, been supplied as power for industrial purposes, shall use electric current or gas as power for industrial purposes; and no person, firm, company, or authority, to whom or which electric current or gas has, in accordance with these Regulations, been supplied as power for industrial purposes, shall use such electric current or gas as power for any other purposes than the industrial purposes for which it has been supplied.

Onus of proof

8. In any proceedings for any contravention of these Regulations the burden of proving that any consent required by these Regulations was given shall lie on the person charged.

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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The War Precautions (Coal) Regulations 1916 were enacted by the Governor-General in Council under the authority of the War Precautions Act 1914-1916. The primary purpose of these regulations was to manage the supply and use of coal and coke during the First World War, ensuring that essential services and industries critical to the war effort could continue operating without interruption. The enacting body was the Federal Executive Council, acting on the advice of the Minister of State for the Navy. The policy objective was to prevent the misuse of coal and coke resources, which were vital for the functioning of numerous industries and services, by imposing strict controls on their distribution and use.

Scope and Application

The War Precautions (Coal) Regulations made under the War Precautions Act 1914-1916 apply to any person, firm, company, or authority possessing more than five tons of coal or coke, whether for industrial purposes or not. The geographic reach of these regulations extends across all states in the Commonwealth of Australia, with designated officers in each state responsible for receiving returns of coal and coke stocks. The regulations also cover the use and supply of coal, coke, electric current, and gas for industrial purposes, imposing restrictions and requiring special permits or directions from the Minister or a Coal Board appointed under the regulations. The Minister of State for the Navy has the authority to appoint Coal Boards to exercise functions related to coal supply as necessary. Certain entities, such as railway departments, public hospitals, and businesses essential for the war effort, are granted temporary exemptions from some restrictions to ensure continuity of critical services. Additionally, the burden of proof in proceedings for contravention of these regulations lies with the person charged, requiring them to demonstrate that any required consent was given.

Key Provisions

The War Precautions (Coal) Regulations (C1916L00299) outline a series of measures aimed at managing coal supply during wartime. The regulations, coming into effect immediately, are designed to control the allocation and use of coal and coke, particularly in industrial settings. Section 1 provides the title of the regulations, while Section 2 offers definitions of key terms such as “Coal Board” and “Minister.” Section 3 grants the Minister the authority to appoint a Coal Board to oversee the functions related to coal supply under these regulations. Section 4 mandates that entities possessing over five tons of coal or coke must submit detailed returns to specified officers within seven days of the regulation’s commencement, providing information on the quantity, nature, and storage location of the coal or coke. Section 5 prohibits the use of coal or coke for industrial purposes without a special permit from the Minister or a Coal Board, though certain entities are allowed to use coal or coke for a limited period of seven days. Section 6 states that coal or coke cannot be supplied without written consent from the Minister or a Coal Board. Section 7 extends similar restrictions to the supply of electric current or gas for industrial purposes, with allowances for specified entities for a short period. The obligations imposed by these regulations are multifaceted, involving strict reporting and compliance procedures. Entities holding significant stocks of coal or coke are required to submit detailed returns to designated officers (Section 4). These returns must be verified by statutory declaration and include specific information about the coal or coke in their possession. The regulations also place a prohibition on the use of coal or coke for industrial purposes without proper authorisation (Section 5). Similarly, electric current or gas cannot be supplied for industrial use without written consent (Section 7). These obligations are intended to ensure that coal and energy resources are allocated efficiently and effectively to support essential wartime activities. Breaches of these regulations can lead to serious consequences. Under Section 8, the burden of proof in any proceedings for contravention of these regulations lies with the person charged, meaning that the individual or entity accused of violating the regulations must demonstrate that any required consent was indeed given. Although specific penalties are not detailed within the regulations themselves, the War Precautions Act 1914-1916, under which these regulations are made, provides a framework for imposing penalties for breaches of regulations. These could include fines or imprisonment, reflecting the severity with which the regulations are intended to be enforced. The overarching aim is to ensure strict adherence to the wartime resource allocation measures.

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