Electricity (Supply) (Amendment) Act, 1935
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Amendment of section 51 of the Principal Act. |
2.—(1) The power conferred on the Board by sub-section (1) of section 51 of the Principal Act to lay lines for the transmission and lines for the distribution of electricity along or across any street, road, railway, or tramway shall include and be deemed always to have included power to lay such lines above ground at any height and also power to erect, in or on any such street, road, railway, or tramway, such posts, poles, and other erections as the Board shall consider to be necessary or proper for carrying or supporting any such line so laid, and the power conferred on the Board by the said sub-section to break up any street, road, railway, or tramway shall include and be deemed always to have included power to break up any street, road, railway, or tramway for the purpose of erecting therein or thereon such posts, poles and other erections as aforesaid. | |
(2) The power conferred on the Board by sub-section (2) of section 51 of the Principal Act to confer on any authorised undertaker power to lay electric lines along or across any street, road, railway or tramway shall include and be deemed always to have included power to confer on any authorised undertaker a like power to lay such lines above ground at any height and also a like power to erect, in or on any such street, road, railway, or tramway, such posts, poles, and other erections as such authorised undertaker shall consider to be necessary or proper for carrying or supporting any such line so laid, and power to break up such street, road, railway, or tramway for the purpose of erecting any such post, pole, or other erection. | ||
(3) Where legal proceedings in respect of a post, pole, or other erection, the erection of which is rendered lawful by this section, were instituted against the Board before the 11th day of April, 1935, and are pending (whether in a court of first instance or a court having appellate jurisdiction in respect of such proceedings) at the passing of this Act, the foregoing sub-sections of this section shall be deemed, for the purpose of such proceedings, not to apply or have effect in respect of such post, pole, or other erection, and the said proceedings shall be determined as if the said sub-sections had not been enacted. |