South Australian Consolidated Acts South Australian Consolidated ActsSchedule 2—Transitional provisions
In this Schedule—
the repealed Act means the Electricity Trust of South Australia Act 1946
;
the Trust means the Electricity Trust of South Australia established under the
repealed Act.
3—Transitional provisions relating to Trust
(1) ETSA is the same
body corporate as the Electricity Trust of South Australia established under
the repealed Act.
(2) A reference in an
Act or instrument to the Trust is (where the context admits) to be read as a
reference to ETSA.
(3) The offices of the
members of the Trust are vacated on the commencement of this Act.
4—Transitional provisions relating to superannuation
(1) The ETSA
Superannuation Board is the same body corporate as the Electricity Trust of
South Australia Superannuation Board established under the repealed Act.
(2) The ETSA
Superannuation Fund is the same fund as the Electricity Trust of South
Australia Superannuation Fund established under the repealed Act.
(3) The ETSA
Contributory Superannuation Scheme is the same scheme as the Electricity Trust
of South Australia Contributory Superannuation Scheme established under the
repealed Act.
(4) The Electricity
Trust of South Australia Non-Contributory Superannuation Scheme established
under the repealed Act continues as a non-contributory superannuation scheme
under Schedule 1.
(5) The Rules in force
under Part 4B of the repealed Act continue in force as Rules under Schedule 1.
(1) An electricity
corporation has an easement over land where—
(a) a
part of the transmission or distribution system operated by the corporation is
on, above or under the land and the land does not belong to the corporation;
and
(b) that
part of the transmission or distribution system was as at 1 November 1988 on,
above or under the land and the land did not then belong to the Trust.
(2) The easement
entitles the electricity corporation—
(a) to
maintain the relevant part of the transmission or distribution system on,
above or under the land affected by the easement;
(b) to
enter the land, by its agents or employees, at any reasonable time, for the
purpose of examining, maintaining, repairing, modifying or replacing the
relevant part of the transmission or distribution system;
(c) to
bring on to the land any vehicles or equipment that may be reasonably
necessary for any of the above purposes.
(3) The powers
conferred by the easement must be exercised so as to minimise, as far as
reasonably practicable, interference with the enjoyment of the land by other
persons.
(4) If there is any
inconsistency between this clause and an instrument to which the electricity
corporation is a party, the terms of the instrument prevail to the extent of
the inconsistency.
(4a) The electricity
corporation may, by instrument in writing—
(a)
suspend or limit rights or impose conditions on the exercise of rights arising
under the easement under this clause; or
(b)
surrender (in whole or in part) the easement under this clause,
and such an instrument has effect according to its terms.
(5) An easement under
this clause need not be registered.
(6) In this
clause—
cable includes any kind of electrical conductor;
transmission or distribution system means—
(a) the
network of cables by which an electricity corporation transmits or distributes
electricity;
(b) the
associated transformers and equipment of an electrical or other kind;
(c)
structures for the support of any such cables, transformers or equipment,
and includes any cable, transformer, equipment or structure used on a
temporary basis for purposes related to the maintenance, repair or replacement
of any part of the transmission or distribution system.
(1) This Act does not
affect rights or liabilities in respect of debentures issued by the Trust
before the commencement of this Act.
(2) ETSA—
(a) may,
on the application of the owner of any such debentures, convert them into
inscribed debenture stock; and
(b) must
keep a register of inscribed debenture stock ( the Register ).
(3) Inscribed
debenture stock will be taken to have been issued, and debentures will be
taken to have been converted into inscribed debenture stock, when the name of
the owner, and the amount and description of the stock, and any other
particulars determined by ETSA, are entered in the Register.
(4) A person whose
name is inscribed in the Register as the owner of inscribed debenture stock
will be taken to be the owner of that stock and may dispose of and transfer it
in the manner prescribed by this clause and may give effectual receipts for
any money paid by way of consideration for the stock.
(5) ETSA may, if it
thinks reasonable cause exists for doing so, issue to any person a certificate
stating that any person was (on a day and at an hour mentioned in the
certificate) inscribed in the Register as the owner of a specified amount of
inscribed debenture stock.
(6) A certificate
issued under subclause (5) will, in the absence of evidence to the
contrary, be taken to be evidence of the fact stated in it.
(7) The legal
ownership of inscribed debenture stock is not transferred from the owner whose
name is inscribed in the Register to any other person until—
(a) that
owner and the transferee have executed a transfer in a form fixed by ETSA, and
the name of the transferee and the amount of the stock have been entered in
the Register; or
(b) a
person to whom the title to the stock has passed on death or bankruptcy or
otherwise by operation of law has produced to ETSA such reasonable evidence of
title as ETSA requires, and that person's name has been entered in the
Register as the owner of the stock.
(8) No notice of any
trust, express, implied or constructive, affecting inscribed debenture stock,
may be received by ETSA or entered in the Register or any other book kept by
ETSA.
(9) Subject to the
provisions of this clause relating to the transfer and transmission of
inscribed debenture stock and notice of trusts, equitable interests may be
enforced against the owners of inscribed debenture stock.