New South Wales: Borough of Redfern Electric Lighting Act 59 Vic (NSW)

Heu South Wales. ANNO QUINQUAGESIMO NONO VICTORIA REGIN At. An Act to give powers to the Council of the ,, Boxeven on Borough of Redfern to light the streets vm and public places of the said Borough with the Electric Light, and to supply Electricity within or without the limits of the said Borough; and to levy rates and make charges in respect of such hghting and. supply; and for the purposes afore said to aequire land, and the right to use patents, and acquire or construct works and break open streets, remove obstrue- tions, and lay down or erect clectrie lines ; and to borrow money, enter into contracts, sell or lease fittings, and do other matters incidental to such lightmng and supply; and to enable Corporations, Boroughs, and Municipal Districts without the limits of the said Borough of Redfern to participate in the benetits of such supply; and to empower the Municipal Councils of such Corporations, Boroughs, and Municipal a Districts Preamble. Short title. Interpretation. 59° VIC. 1895. Borough of Redfern LElectrie Lighting. Districts to give consents, enter into con- tracts, and levy rates in respect of such supply; and to amend the one hundred and fifty-third, one hundred and sixty-fifth, and one hundred and ninetieth, and other sections of the Municipalities Act of 1867, so far as may be necessary for the purposes aforesaid; and to impose certain penalties, and otherwise protect the Council from being defrauded, impeded, or harassed in the exercise of the aforesaid powers ; and to make provision for the safety of the public; and to amend the law in other respects. [i8th November, 1895. | AJALEREAS it is expedient that the streets and public places of the borough of Redfern should be lighted with the electric light, and that electricity should be supplied for lighting or otherwise within the limits of the said borough, and also within such corporations, boroughs, municipal districts, and places as may desire to be supplied from the works for the said borough of Redfern, and can conveniently be so supplied: And whereas the council of the borough of Redfern is willing to undertake the carrying out the objects of this Act if powers in that behalf are conferred upon it in manner hereinafter appearing: And whereas it is expedient that powers as aforesaid should be conferred upon the said council of the borough of Redfern, and that other provision should be made as hereinafter sect forth: Be it therefore enacted by the Queen's Most Exceilent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :— 1. This Act may be cited as the " Borough of Redfern Electric Lighting Act." 2. In this Act, unless the context otherwise requires, the expression— * borough" means the borough of Redfern as constituted in pur- suance of the Municipalities Act of 1858, and of the Munici- palities Act of 1867, or as the same may hereafter be constituted; "council" means the council of the borough ; "electricity"? means clectricity, electric current, or any like agency ; © clectric line'? means a wire or wires, conductor, or other means used for the purpose of conveying, transmitting, or distri- buting electricity with any casing, coating, tube, pipe, or insulator enclosing, surrounding, or supporting the same or any part thereof, or any apparatus connected therewith, for the purpose of conveying, transmitting, or distributing electricity ; " private purposes"? means any purposes whatever to which electricity may for the time being be applicable (not being public purposes), except the transmission of any telegram or telephonic message ; * public 1895. 59° VIC. 3 Borough of Redfern Electric Lighting. * public purposes" means lighting any place or building helong- ing to or subject to the control of the council, or any street. " street'? means any square, court, alley, highway, lane, road, thoroughfare, or public passage or place ; "works? means and includes electric lines, meters, accumulators, transformers, fittings, and apparatus for the supply of elec- tricity, also any buildings, machinery, engines, matters or things of whatever description required to generate or supply electricity, and to carry into effect the purposes of this Act. 8. It shall be lawful for the council to generate and supply, Council may supply under such regulations and conditions as may be "approved of by the "erty, overnor, electricity for any public or private purposes, or for any public purposes and any private purposes within the limits of the borough: Provided that electricity may be supplied for private and public purposes outside the said limits in manner hereinafter set forth. 4. The council may, for the purpose of generating and supply- General powers of ing electricity, acquire such lands, construct or acquire such works, °°" acquire such interests in, and licenses for the use of any patented or protected processes, inventions, machinery, apparatus, methods, or other things, enter into such contracts, and generally do such acts and things as may be necessary and incidental to such generation and supply. 5. The council may, for the purpose of constructing or acquiring Special loans for works for the generation and supply of electricity, borrow moncys py tants and works, way of special loan in manner provided by the Municipalities Act of 1867, nowithstanding that such purpose may not be a purpose incidental to the making, carrying on, or completing of any permanent improvements within the borough, or 'that the security for the repay- ment of such loan may be other than is provided in the i (1) The seeurity for such loan may be all or any general or special yates or rate which the council is authorised to levy with or without any security expressly referred to in the said one hundred and ninetieth section of the Municipalities Act 1867, and any works to be constructed or acquired out of the proceeds of such loan, and any lands to be acquired out of the procceds of such loan, or otherwise. (11) A separate account shall be kept of all moneys received and expended on account of such loan, and it shall not be lawful to expend any such moneys in the maintenance or repair of or for current expenses connected with such works, or for any purpose other than the construction or acquisition thereof, and the acquisition, in pursuance of this Act, of any lands upon which the same, or any part thereof, are con- structed or are to be constructed : Provided always that such loan may be lawfully charged with the payment of interest due thereon during the course of construction of such works. (111) All lands or works to be acquired or constructed out of the proceeds of such loan shall be vested in the body corporate of the borough. 6. The council may make and levy an annual rate in manner Electric light rate. provided in the one hundred and sixty-fifth section of the Munici- palities Act of 1867, wpon all ratepayers in the borough for the purpose of supplying electricity for public purposes w ithin the borough, and for the construction and maintenance of works in connection with the supply of electricity for public or private purposes in pursuance of this Act: Provided that such rate shall not exceed sixpence in the pound in any one year. b 7. Separate account to be kept. Power to break up streets and to open drains, Power to alter position of pipes, wires, &e, 59° VIC. 1895. Borough of Redfern Electric Lighting. 7. A separate account, to be called the "electric light account,' shall be kept of all moneys received from electric light 'rates, and in respect of the supply of electricity and otherwise in pursuance of this Act, all which money shall be charged as follows :— (1) With such sums (to be transferred to an interest and sinking fund account) as shall be sufficient to satisfy the interest and principle sums payable on any loan raised under the authority of this Act. (11) With the cost of maintaining the works in good repair, and all the expenses connected with generating and supplying electricity as herein provided. (111) With any surplus remaining thereafter, which surplus the council is hereby empowered to retain to the credit of the clectric light account, or transfer to the credit of the general municipal fund. 8. The council niay open and break up the soil and pavement of any street, and may open and break up any sewers, drains, or tunncls within or under such streets, and may construet proper subways and drains, and may Jay down 'and place under or over any strect any electric lines, and from time to time repair, alter, or remove the same, and for the purposes aforesaid may remove and use all earth and materials in and under such streets, and may in any such strects erect any pillars, standards, lamps, and other works, and do all other acts which it may from time to time reasonably deem necessary for supplying electricity, and may lay any electric line, branch, or other apparatus from any main or branch electric line into, through, or against any place or building for the purpose of lighting the same, and provide and set wp any apparatus necessary for securing thereto a complete supply of electricity, and for measuring and ascertaining the extent of such supply: Provided that nothing herein shall authorise or empower the council to lay down or place any electric line or other works into, through, against, or in any place or building, or land not dedicated to public use without the consent of the owners and occupiers thereof, except that the council may at any time make entry and lay or place any new electric line or fittings instead of an existing clectric line or of existing fittings in any position wherein any electric line or fittings shall have been lawfully laid down or placed, and may repair or alter any electric line or fittings so laid down or placcd. 9. Subject to the provisions of this (1) the council may alter the position of any pipes, wires, sewers, drains, or tunnels, being under any strect or place authorised to be broken up hy it, which may interfere with the exercise of its powers under this Act, on previously making or securing such compensation to the owners of such pipes, wires, sewers, drains, or tunnels, and on complying with such conditions, as to the 'mode of making such alterations, as may before the commencement of such alterations be agreed upon between the council and such owners, or in case of difference as may be determined by arbitration ; (11) any person or public authority lawfully competent so to do, may in like manner alter the position of any electric line ov works of the council, being under or over any such strect: or place as aforesaid, which may interfere with the lawful exercise of any powers vested in such person or authority, in relation to such street or place, subject. to the like provisions, conditions, and restrictions as are in the first subsection of this section contained. 10. 1895. 09' VIC. 5 Bor ongh of Redfern Electric Lighting. 10. When the council opens or breaks up the road or paves Streets, &e, to be ment of any street, or aay sewer, drain, or tunnel, it shall, + with alpteneeted. possible speed, complete the work for which the same shall have been opened or broken up, and fill in the ground, and reinstate and inake good the road or pavement, or the sewer, drain, or tunnel so opened or broken up, and earry away the rubbish occasioned thereby, and shall at all times whilst any suc h'voad. or pavement shall be so opened or broken up cause the same to be fenced and guarded, and shall at night time cause a light sufficient for the warning of passengers to be set up and maintained against or near such road or pavement where the same shall be open ov broken up. 11. The council shall not, in the exercise of the powers conferred Protection of tete- by this Act, jay down or place any cleetri¢ line or do any other work graph and telephone for the supply of electricity whereby any public telegraph or telephone line is or may be injuriously affected. And the council and its agents shall conform with such reasonal:le requirements, either general or special, as may from time to time be made by the Superintendent of Telegraphs, in writing, for the purpose of preventing any such telegraph or telephone line from being injuriously affected by the said line or work, Any difference which arises between the Superintendent of 'elegraphs and the council or its agents with respect. to any requirements so made shall be determined by arbitration. Inthe event of any contravention of this section by the council or its agents the council shall be liable to a fine not exceeding ten pounds for every day during which such contravention continues, or il the telegraphic or tele- phonic communication is wilfully interrupted not exceeding ten pounds for every day on which such interruption continues. — Por the purposes of this section a telegraph ov telephone line shall be deemed to he injuriously affected if telegraphic or telephonic communication hy means of such line, whether through induction or otherwise, is affected by any electric line or work of the council, or hy any use made of such electric line or work. 12. In the exereise of its powers under this Act the council Compensation for A « . . diumage. shall cause as little detriment and inconvenicnee, and do as little damage as possible, and shall make full compensation to all persons interested for all damage sustained by them by reason or in conse- quence of the exercise of such powers, the amount and application of such compensation in case of difference to be determined by arbitration. 18. Where any electric line has been placed above or below Removal of ground by the council in any position, any district court judge or "re" wines, ew stipendiary magistrate or police magistrate may, upon complaint made by any person, if he is of opinion that such line is or is likely to become dangerous to the public safety, make an order directing and authorising the removal thereof by any such person and upon any such terms as he may think fit at the cost of the council: Provided that ifthe person complaining has consented to the placing of such line as aforesaid he may he ordered to pay to the council for costs and expenses such sum as the district court judge or stipendiary magis- trate or police magistrate may award, not exceeding in the whole ten pounds. lt. 'The council may from time to time enter into any contract Power to contract with any person for supplying with clectricity any place or building, Pruieneert of or for providing any person with electric lines, burners, meters, fittings. lamps, or other fittings and things, and for the repair thereof in such manner and upon such terms as shall be agreed upon. And the mount duc on any such contract, not exeeeding fifty pounds, shall be recoverable by the said couneil in the same manner as is provided in scetion thirty-four of this Act for the recovery of any rate, fine, penalty, or forfeiture. 15. Council may let meter, Counzil to keep meters in repair. Meter not to be interfered with and connections not to be made by unauthor- ised persons. Register of meter to be primd facie evidence. Council not to prescribe manner of using electricity. Obligation to supply electricity. Charges for electricity. Power to cut off supply. Tnjuring works with intent to cut off supply. 59° VIC. 1895. Borough of Redfern Hlectrie Lighting. The council may let any meter for ascertaining the quan- tity of 'leetrieity consumed or supplied, and any fittings "thereto, for such remuneration and on such terms in respect of the repair of such meter and fittings, and for securing the safety and return thereof to the council as may be agreed upon between the hirer and the conncil, and such remuneration shall be recoverable in the same manner as charges due to the council for electricity. 16. The council shall at all times keep all meters on hire to any consumer in proper order for correctly registering the quantity of electricity supplied, and in default of the council so doing the con- sumer shall not be liable to pay remuneration for the use of the same during such time as such default continues. 17. Every meter used for ascertaining the quantity of clec- tricity supplied 'by the council shall, during the continuance of such supply, and until all charges in respect thereof have been paid, be under the sole control of the council, whether such meter be the property of the council or not, and no person shall be at liberty to cut, connect, tap, fix, alter, or remove any electric line, lamp, meter, or fittings used in connection with the supply of electricity by the council unless authorised in w riting by the council or its agents duly authorised in that behalf: Provided that nothing in this section shall affect the lawful exercise of any power in that "behalf vested in any competent person or public authority. 18. The register of the meter used for ascertaining the quantity of electricity supplied by the council shall be primd facie evidence of such quantity. 19. The council shall not be entitled to preseribe any special form of lamp or burner to be used by any person, or in any way to control or interfere with the manner in which electricity supplied by it in pursuance of this Act is used: Provided always that no person shall be at liberty to use any form of lamp or burner, or to use the electricity supplied to him for any purposes, or to deal with it in any manner so as to unduly or improperly interfere with the supply of electricity to any other person; and if any dispute or difference as to the matters aforesaid arises between the council and any person entitled to be supplied with electricity in pursuance of this Act, such dispute or difference shall be determined by arbitration. 20. Where a supply of electricity is provided in any locality for private purposes, all persons within such locality shall, on application, be entitled to a supply on the same terms as the terms on which any other person in such locality is under similar circumstances entitled to a corresponding supply. 21. The council shall not, in making any agreements for a supply of electricity, show any undue preference to any person; but, save as aforesaid, it may make such charges for the supply of electricity as may be agreed upon. 22. If any person neglect to pay any electric light rate or any charge for electricity, or any other sum due to the council in respect of or incidental to the supply of electricity to such person, the council may cut off his supply of electricity, and for that purpose may cut or disconnect any electric line or other work through which electricity may be supplied, and may, until such charge or other sum, together with any expenses incurred by the council in cutting off such supply of electricity as aforesaid is fully paid, but no longer, discontinue the supply of electricity to such person. 23. Any person who unlawfully and maliciously cuts or injures any electric line or work erected in pursuance of this Act with intent to cut off any supply of electricity shall be guilty of felony and be liable to be kept in penal servitude for any term not exceeding three years, 1895. 59" VIC. 7 Borough 'of Redfern Hlectric Lighting. years, or to he imprisoned with or without lard labour for any term not exceeding one year, but nothing in this section shall exempt a person from any proceeding for any offence which is punishable under any other provision of this Act, or under any other Act, or at common law, so that no person be punished twice for the same offence. 24. Any person who maliciously or fraudidently abstracts, stealing clvetricity. causes to be wasted or diverted, consumes, or uses any clectricity pro- vided in pursuance of this Act shall be guilty of simple larceny and punishable accordingly. 25. Any person who wilfully and unlawfully removes, destroys, Penalty for removing or damages any electric line, or any pillar, post, lamp, meter, or other electric Hine, &e. work connected with or relating to the supply of electricity by the council in pursuance of this Act, or who wilfully and unlawfully extinguishes any of the public lamps or lights maintained by the council in pursuance of this Act, or wastes or wilfully and wronefully uses any of the electricity supplicd by the council in pursuance of this Act shall for cach such offence forfeit to the council a sum not exceeding five pounds in addition to the amount of damage done. 26. Any person who carelessly or accidentally breaks, throws Penalty for h down, or damages any electric line, or any pillar, post, lamp, or other eleetnie line, &e. work belonging to the council or under its control shall forfeit. and pay such sum of money by way of satisfaction to the council for the damage done, not exceeding five pounds, as two justices of the peace sitting in petty sessions shall think reasonable: Provided that this section shall not affect any other remedy. 27. Any person who wilfully, or fraudulently, or by culpable Penatty for tamper- negligence injures or suffers to be injured any electric line or any 6 with metery &e. meter or fittings belonging to the council, or alters the index to any ineter, or prevents any meter from duly registering the quantity of electricity supplied, or fraudulently abstracts, consumes, or uscs clectricity supplied by the council shall, without prejudice to any other right or remedy for the protection of the council or the punishment of the offender, for every such offence forfeit to the council a sum not. execeding twenty-five pounds in addition to the amount of damage. ; 28. In any case in which any person has wilfully or fraudulently Supply of electricity injured or suffered to be injured any electric line, or any meter or ™Y #ke be cut oft fittings belonging to the council, or altered the index to any meter, or prevented any meter from duly registering the quantity of electricity supplied, the council may also, until the matter complained of has been remedied, but no longer, discontinue the supply of clectricity to the person so offending, notwithstanding any contract previously existing. 29. The existence of artificial means for causing such alteration Evidence that meter or prevention, or for abstracting, consuming, or using electricity tas been tampered supplied by the council when the meter is under the custody or control of the consumer, shall be primd facie evidence that such alteration, prevention, abstraction, or consumption, as the case may be, has been fraudulently, knowingly, and wilfully caused by the consumer using such meter. : 30. Any officer appointed by the council in that behalf may at Power to enter al reasonable times enter any place or building to which electricity I en ee ove or has been supplied by the council in pursuance of this Act Sor the fittings, e. purpose of inspecting and testing the electric lines, meters, accumu- lators, transformers, fittings, works, and apparatus for the supply of electricity belonging to the council, and of ascertaining the quantity of electricity consumed or supplied, or (where a supply of eleetricity is no longer required, or where the council is authorised to take away and cut off the supply of electricity from any premises) for the purpose of removing any electric lines, accumulators, fittings, works, or apparatus belonging to the council, repairing all damage caused by such entry, inspection, or removal. 31, Council's fittings not tu be subject to distress, execution, &e, Limitat'on of action against the council. Arbitrations. Procedure for recovery of penalties, &e. 09 VIC. 1895. Borough of Redfern Electrie Lighting. 31. Where any electric lines, meters, accumulators, trans- formers, fittings, works, or apparatus belonging to the council are placed in or upon any place or building (not being in the possession of the council), for the purpose of supplying electric#y in pursuance of this Act, such cleetrie lines, meters, accumulators, transformers, fittings, works, or apparatus shall not be subject to distress or to the landlords remedy for rent of the premises where the same may be, nor to be taken in exceution under any process of a court of law or equity, ov any proecedings in bankruptey against the person in whose posses- sion the same may be: Provided that nothing in this section shal alfeet any distress or execution lawfully made or issued upon or against. the council. 32. All actions or other proceedings against the council, its officers, agents, or servants for anything donc or reasonably supposer to have been done in pursuance of this Act shall be commences within twelve months after the matter complained of was committer and not otherwise; and notice in writing of any such action or pro ceedings, and of the cause thereof, shall be given to the defendant one month at least before the commencement of the proceeding ; and in every such proceeding the defendant may plead the general issue an give this Act and the special matter in evidence at any trial to be hac thereupon; and no plaintiff shall recover in any such proceeding if tender of sufficient amends shall have been made before the same was commenced, or if a sufficient sum of money shall have been paid into a court after such commencement by or on behalf of the defendant. together with costs incurred up to that time. And if a verdict shall pass for the defendant, or the plaintiff shall become non-suit or discon- tinue such proceeding, or if upon demurrer or otherwise judgment shall be given against the plaintiff the defendant shall recover his costs and have the like remedy for the same as any defendant has by law in other cases. 33. Any arbitration in pursuance of this Act shall be by a single arbitrator and shall be conducted in accordance with anc subject. to the provisions of the Act thirty-first Victoria number fifteen, intituled "Au Act to make Arbitrations more effectual,' an for the purposes of reference to arbitration thereunder this Act shal be deemed to be an instrument or document between the partie: within the meaning of the same. The arbitrator shall in every case have power to direct how and by whom the cost of the reference anc award shall be paid. 34, Whenever by any section of this Act any person is (or per sons are) made or becomes liable to any rate, fine, or forfeiture or to pay any sum of money, whether as compensation or in any other way, ac the mode of recovering such rate, fine, forfeiture, or sum is not: specified, the same may be recovered be fore any two or more justices of the peace sitting in petty sessions, in accordance with the Acts in force for the time being regulating stummary proceedings before justices. And all sums of money ordered by any such court to be paid, and all costs and expenses awarded by such' court may be recovered and enforecd by distress and sale of the goods and chattels of the person ov persons ordered to pay the same, and in default of sufficient distress such person or persons shall be liable to be imprisoned with or without hard labour for any term not excecding three months, unless such money, costs, or expenses be sooner paid: Provided that nothing in this section shall prevent proceedings for the recovery of any fine, forfeiture, or sun as aforesaid being taken in any other court of com- petent jurisdiction when the amount sought to be recovered execeds ten pounds. vA 1895. 59° VIC. 9 Boroug gh of Redfern Electric Lis ightin VP 35. All fines, forfeitures, or other sums 'yeeovered by the council Sums recovered to in pursuance of this Act shall be carried to the eredit of the electric 80 Ko electric Tight light account, and all costs in relation thereto shall be charged to the electric light account. 36. In any ease in which any summary conviction. has been had, Appeals from any order for the payment of money has been made in pursuance of & qummarg convictions, this Act before or by two or more justices sitting in petty sessions, the defendant may appeal to the Court of Quarter Sessions. The provisions of the Criminal Law Amendment Act 'of 1883 in respect of appeals from summary convictions thereunder shall apply and extend to all appeals under this section, and shall be observed in the making of every such appeal and all proceedings thereupon. 37. The council may, for the purposes of this Act, make all femeil may make such by-laws, appoint and pay all such officers, and do all such other citcers, glee necessiry matters and things as it may now be entitled to make, appoint, pay, or do in connection with a lighting of the borough by means of gas or otherwise in accordance w ith the Munic ipalities Act of 1867. 38. It shall he lawful for the council to supply electricity out- Council may extend t side the limits of the borough, and for sueh purpose to exercise any operations nto afer power conferred upon it by this Act (other than the power to mike consent. and levy an electric light rate) within or without the limits of any borough or municipal district near ovadjoining the borough of Redfern, ov near or adjoining any other borough or municipal distriet within the limits of which the council shall at the time be lawfully exercising such powers, subject, however, to the following provisions :— (1) 'The aforesaid powers shall not be exercised within the limits of any such borough or municipal district except with the consent of the council thereof (which consent it is hereby empowered to give), and wpon such terms and conditions as may be mutually agreed upon. (1) Lhe supply of cleetvicity for the purpose of lighting any place, building, ov street belonging to or subject to the control of the couneil of such borough or municipal district shall, for the purposes of this Act, be deemed to be a supply for private purposes or usc, and all provisions of this Act in such behalf shall extend and apply thereto. (it) The councilof such borough or municipal district shall, for the purposes of this section, have power to enter into all such contracts, and to levy all stich rates as it is by law empowered to enter into or levy i in respect. of a supply of gas. 39. Nothing in this Act— Savings. (1) shall authorise or enable the coaneil, its officers, agents, or servants to transmit any telegram or telephonic message, or to perform any of the ine sidontal services of ree ceiving, colleet- ing, ov delivering telegrams or telephonic messages, or give to the council, its officers, agents, or servants any power, authority, or facility of any kind whatever in connection with such transmission or performance as aforesaid. (a1) shall exempt the council or its operations in pursuance of this Act from the provisions of any gencral Act relating to the supply of electricity which may be passed in this or any future Session of Parliament, or entitle the council to compensation from the public revenue by reason of the provisions of such general Act being made applic: able tu and binding upon the council. An