City of Brisbane Acts and Other Acts Amendment Act of 1953 (2 Eliz Ii No. 19) (Qld)

BRISBANE. 2 E liz . II. No. 19, 1953. City of Brisbane, Etc., Abt. 365 BRISBANE. An Act to Amend “The City of Brisbane Acts, 1924 to 1952,” “The City of Brisbane Improvement Act of 1916,” and “The Metropolitan Water Supply and Sewerage Acts, 1909 to 1949,” each in certain particulars. [A ssented to 10 th D ecember , 1953.] B risbane A1953.1' E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— P art I.—P reliminary . 1. This Act may be cited as “ The City of Brisbane Short title. Acts and Other Acts Amendment Act of 1953.” 2. This Act is divided into Parts, as follows : — P art I.—P reliminary ; Parts of Act. P art II.—A mendments of *“ T he C ity of B risbane A cts , 1924 to 1952 ” ; P art III.—A mendment of f“ T he j C ity of B risbane I mprovement A ct of 1916 ” ; P art IV.—A mendments of J“ T he M etropolitan W ater S upply and S ewerage A cts , 1909 to 1949.” P art II.— _ __ . . .. ^ _ A mendments P art II.—A mendments of *“ T he C ity of B kisbane ®VSS i S5’ A cts , 1924 to 1952.” ACT^51|?,4 T0 3. This Part of this Act shall be read as one with Construction *“ The City of Brisbane Acts, 1924 to 1952,” and those c^tiST' Acts and this Part of this Act may be collectively cited title, as “ The City of Brisbane Acts, 1924 to 1953.” 4-. Section three of *“ The City of Brisbane Acts, Amendment 1924 to 1952,” is amended by repealing in the definition 15 Geo°v. of the term “ Local Authorities Act ” the words “ The No. 32 . Local Authorities Acts, 1902 to 1923,” and by inserting, in lieu of those repealed words, the words §“ The Local Government Acts, 1936 to 1951,”.* * * § * 15 G. 5 No. 32 and amending Acts, t 7 G. 5 No. 24. J 9 E. 7 No. 12 and amending Acts. § 1 G. 6 No. 1 and amending Acts.

366 BRISBANE. P art II.— A mendments of “T he C ity City of Brisbane, Etc., Act. 2 E liz . II. No. 19, of B risbane A cts , 1924 to 1952.” Insertion of 5. The following section, numbered 36 a , is inserted s. 36 a in after section thirty-six of *“ The City of Brisbane Acts, N15o. G3e2o.. V. 1924 to 1952,” namely :— Construction “ [36 a .] (1.) The Council from time to time as a bCyoutnhceil of function of Local Government may— bridges (а) (If in every case one end or both ends of the across tidal rivers, &c. bridge are within the City) provide and construct across the Brisbane River or any other tidal river or any tidal creek or stream such bridges (including the necessary approaches to those bridges) as it may consider necessary at such places and in such positions as it may deem desirable; and (б) Renew, modify, extend, and enlarge all or any of such bridges or of the bridges referred to in subparagraphs (a) and ( b ) of subsection three of this section, or do any of these things, but subject to— (c) (In all cases) sections sixty-four, sixty-five, and sixty-six of The Harbour Boards Acts, 1892 to 1952 ” ; and (d) (In every case where only one end of the bridge is within the City) such terms and conditions as in the interests of the Council, any other Local Authority, the public interest, and the circumstances, or in any of such matters, the Governor in Council may in his discretion fix in the case. (2.) (i.) Subject to complying in all respects with every restriction, condition, and term, if any, fixed by the Governor in Council in the particular case under the provisions of— (а) Section sixty-six of f“ The Harbour Boards Acts, 1892 to 1952 ” (whether fixed before or after the coming into operation of The City of Brisbane Acts and Other Acts Amendment Act of 1953 ”); and (б) Paragraph (d) of subsection one of this section, or under either of those provisions, the Council is hereby authorised and empowered as a function of Local * 15 G. 5 No. 32 and amending Acts, t 56 V. No. 26 and amending Acts. } This Act.

BRISBANE. 367 PART II.— 1953. City of Brisbane, Etc., Act. A mendments op “T he C ity op B risbane A cts , 1924 to Government to permanently maintain, manage, control, 1952.” and regulate the use of (including authority and power to make ordinances for all or any such purposes)— (c) Every bridge provided, constructed, renewed, modified, extended, or enlarged by it under the authority of subsection one of this section and section sixty-six of *“ The Harbour Boards Acts, 1892 to 1952 ” ; and (d) Every bridge referred to in subparagraphs (a) and (6) of subsection three of this section. (ii.) Subject to every restriction, condition, and term, if any, fixed by the Governor in Council as aforesaid, ail ordinances of the Council shall where applicable extend to every bridge referred to in this section as if the whole of that bridge were situated within the City. (iii.) For the purposes of this Act, f“ The Traffic Acts, 1949 to 1952,” and any other Act, eveijy bridge referred to in this section shall where necessary be deemed to be a road within the City. (3.) For the purpose of setting any doubt at rest as to the authority and power of the Council as a function of Local Government to provide and constructs— (a) Any bridge constructed before, and over which the Council exercises control at, the coming into operation of $“ The City of Brisbane Acts and Other Acts Amendment Act of 1953 ” ; or ( b ) Any bridge under construction by the Council at the coming into operation of The City of Brisbane Acts and Other Acts Amendment Act of 1953,” across any tidal river, creek, or stream, one or both of the terminal points of which being within the City, it is hereby declared that, subject to any approval which may have been granted by the Governor in Council in relation to such construction, such authority and power was or, as the case may be, is duly had. (4.) The provisions of paragraph (i.) of subsection nine of section fifty-two of the Local Authorities Act shall apply with respect to every bridge referred to in this section.” * 56 V. No. 26 and amending Acts, f 13 G. 6 No. 26 and amending Act, j This Act.

368 BRISBANE. P art III.— A mendment op “T he C ity op B risbane I mprovement A ct of 1916.” P art City of Brisbane, Etc., Act. 2 E liz . II. No. 19, 1953. III. —A mendment of *“T he C ity op B risbane I mprovement A ct of 1916.” c— ion This Part of this Act shall be read as one with *4 ‘ The ’ City ofBrisbane Improvement Act of 1916 ” (as amended by section thirty-seven of “ The City of Brisbane Act of 1924 ”), hereinafter in this Part referred to as the Principal Act. Collective The Principal Act and this Part of this Act may he tltle' collectively cited as “ The City of Brisbane Improvement Acts, 1916 to 1953.” Amendment 7. Section seven of the Principal Act is amended. 7 fGeo. v. by repealing in that section the words “ two newspapers ” No. 24 . ’ and by inserting, in lieu of those repealed words, the words “ at least one newspaper ”. P art XV.— A mendments M etropolitan PART IV.--- AMENDMENTS OF f“ THE METROPOLITAN W ater S upply and S ewerage W ater S upply and S ewerage A cts , 1909 to 1949.” A cts , 1909 to 1949.” 8 . This Part of this Act shall he read as one with Metropolitan Water Supply and Sewerage Acts, ‘ 1909 to 1949,” 'hereinafter in this Part referred to as th’ e Principal Act. Collective The Principal Act and this Part of this Act may he title- collectively cited as The Metropolitan Water Supply and Sewerage Acts, 1909 to 1953.” Amendment 9. Section four of the Principal Act is amended by 9fEdt.°vn. repealing in the definition of the term “ District ” in No. 12 . ’ that section the words “ for the time being constituted under this Act ” and by inserting, in lieu of those repealed words, the words “ constituted by this Act ”. Repeal of 10 . Section seven of the Principal Act is repealed 8^7 of W and the following section is inserted in lieu of that 9Edw.vn. repealed section :— No. 12. District. “ [7.] For the purposes of this Act the area which for the time being comprises the City of Brisbane shall constitute the District called “ The Metropolitan Water Supply and Sewerage District,” and the provisions of this Act shall, subject to the provisions of section fifty-one of J“ The City of Brisbane Act of 1924,” and the Order in Council made on the twenty-eighth day of March, one thousand nine hundred and twenty-eight under that section and except where the contrary intention appears, apply with respect to that District.” * 7 G. 5 No. 24. + 9 E. 7 No. 12 and amending Acts, t i5 G. 5 No. 32.