City of Brisbane Enlargement Act of 1902 (2 Edw VII No. 28) (Qld)

8574 HARBOURS AND RIVERS-LOCAL GOVERNMENT. Ci(y of Brisbanfl Enlargement Act. 2 EDw. VII. No 28, alleged obstruction of the navigation of the River Brisbane, or deprivation of access to the said River thereby, or for or in respect of any damages, loss, or expenses occasioned or alleged to be occasioned by reason of such construc- tion, maintenance, repair, renewal, modification, extension, enlargement, obstruction, or deprivation, or in anywise whatsoever arising therefrom : Provided that any owner or occupier of land who con- siders that any of the training walls aforesaid, whether already constructed or in course of construction, or recom- mended to be constructed in and by the plan and report aforesaid, has interfered or will interfere, as the case may be, with access to his land, may within three months after the passing of this Act, or in the case of any modification, extension, or enlargement of such training walls, may within six months after the same has been authorised by the Governor in Council, apply in writing to the Treasurer for compensation for such interference with access, and the claim for compensation if not otherwise satisfactorily settled, shall be dealt with in manner provided by " The Public Works Lands Resumption Acts."* LOCAL GOVERNMENT. 2 ~ w. VII. An Act to Unite the Division of Booroodabin with THE ~I:' 01' the City of Brisbane, and to make provision E! ~ r: : : : ; NT for the Union with the said City of other ACT OF 1902, • contIguous Areas. rAsSEN'L'ED TO 27'L'H DECEMBER, 1902.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Oouncil and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Short t.itle. 1. This Act may be cited as "The GUy of Brisbane Entar[Jement Act of 1902." Applicat,ion of general law. 2. Save as by this Act is otherwise expressly provided, the laws in force for the time being relating to the consti- tution of boroughs and towns, and the powers, authorities, duties, and obligations of the governing bodies thereof (herein called "the .Municipal Act "), shall apply to the --- ------- --- --- ~ ~ - - - - - ~ ~ - - * 42 Vie. No. 5, sttpra, page 2527; and 52 Vie. No. 7, sttpra, page 259~ .

LOCAL GOYERNMENT. 8575 ]902. Cit.1J of B'risbane Enlargement Act. , - ~ - - , ~~~ ~- Municipality of Brisbane and the Council thereof; and this Act shall be read and construed with and as an amend- ment of those laws. 3. (1.) From and after a date to be fixed by the Abo. li~ ion of G overnor I . n C ounCl '1 b y 0 l' d er I . n C ounC ' I 1 , b u t no t" 1 a t er B DI o V o I r S o IO o n da o b f in. than the first day of February, one thousand nine hundred and three, the Division of Booroodabin (herein called" the said Division") and the Board of the said Division shall be abolished. (2.) J:<\'om and after such date the boundaries of the ~nion ~ \­ Municipality of Brisbane (herein called "the said City") wft~ ~ ~ i: b~ : e. shall be altered by the inclusion in the said City of the whole of the said Division. . (3.) All the property, whether real or personal, and T pl : O an p s e rt£e y r , 0&£ c. all other assets of whatever description, and all the rights, liabilities, obligations, contracts, and engagements of the Board of the said Division existing at that date, shall thereafter be divested from the said Board, and shall be vested in and shall attach to and may be enforced by and against the Council of the said City. . (4.) All penalties and forfeitures which at that date Penaltres,&c. may be enforceable and recoverable by the Board of the said Division shall and may thereafter be enforced and recovered by the Council of 'the said City. . (5.) All proceedings and things lawfully had and done P & r P o . ceedmgs, by the Board of the said Division shall thereafter be and . continue to be of full force and effect to all intents and purposes as if the same had been done by the Council of the said City, and if the same are not completed may be continued and completed by the said Council. (6.) All rates and other moneys which having accrued Rates, &c. due to the Board of the said Division are at that date due or payable to or leviable by it shall thereafter continue to be due, payable, and leviable, and may be paid to and r r e n c ~ e . ived, levied, and recovered b . v the Co . uncil of . the said (7.) All By-laws in force in the said Division at that By·laws. date shall thereafter remain in force in the wards of the said City into which the said Division has been divided pursuant to this Act until such By-laws are l'epealed or amended by the Council of the said City under its statutory powers; and all such By-laws may and shall be enforced by the said Council. (S.) No By-laws of the said Council in force in the City By-laws. said Qity at that date shall extend to such wards until such

LOCAL GOVERNMEN"T. Oity of Brisballp. Enlargement Act. 2 Enw. VII. No. 28, Valuation. By-laws have been so extended by a By-law of the Council in that behalf. (9.) 'fhe valuation in force at that date of the rateable land in the said Division shall thereafter continue in force until a fresh valuation thereof has been made bv the Council of the said City under its statutory powers. . Wards of the City. 4. (1.) From and after such date the said City shall be divided into seven wards instead of five wards as hereto- fore provided by the Municipal Act. Five of the said wards shall have the same boundaries as heretofore. The remaining two wards shall comprise the said Division, which shall as soon as may be after the passing of this Act be ·divided into such wards by the Governor in. Council by Order in Council. Number of aldermen. (2.) The number of aldermen assigned to each ward shall be two. Every alderman shall, subject to this Act and the Municipal Act, hold office for two years. One of the aldermen assigned to each ward shall retire annually under the ~ I unicipal Act. Aldermen·for (;;.) The aldermen for each of the two newly, consti- new wards. tuted wards shall be elected on the prescribed day in February, one thousand nine hundred and three; and for the purposes of such elections it shall be the duty of the clerk of the said Division forthwith after the constitution of such wards to prepare and transmit to the Mayor of the said City a correct voters'roll for each ward, containing the names of all ratepayers thereof who on the date of the constitution of such wards were entitled to vote at elections of members for the said Division, and the number of votes which each such ratepayer was entitled to give, and such rolls shall be the rolls to be used at such elections. One of the aldermen for each of such wards shall go out of olTice at the conclusion of the annual election in February, one thousand nine hundred and four, and it shall be decided by lot which of such aldermen shall so go out. As to TI· a~ c 5. Nothing herein contained shall prejudicially affect BBooaarrdd, , BanrIddge any 0 f the proceedl' ngs 0 f any corporatI'On, boadr, ' or 0 ther joint a~ ion local body constituted under or pursuant to any Act, and ~ enera y. whereon the Board of the said Division, or the Council of the said City is entitled to representation, oi' shall affect the office of any member of such corporation, board, or local body, but all such members shall be entitled to hold

LOOAL GOVER\:ME'\T. 8577 1902. Oi(y r>f BrisbwfIf' Enlargement A.ct. office until the conclusion of the next election or appoint- ment of members in due course of law, notwithstanding that any such member may by virtue of this Act have ceased in the meantime to be a member of any Local Authority. And notwithstanding anything to the contrary in any Act, the Governor in Oouncil may, by Order in Oouncil, make all such changes in the representation of Local Authorities upon such corporation, board, or other local body, and in the basis of contribution towards expenses incurred by the same in the execution of the powers, authorities, duties, and obligations conferred and imposed by law upon the same, as may become necessary and proper owing to the union of the said Division with the said Oity. 6. The Governor in Oouncil may from time to time, General f by Order in Oouncil, declare any rights and adjust and ~ o:: ~~~ r in determine any claims, matters, questions, and disputes Council. which owing to the foregoing provisions are necessary or proper to be declared, adjusted, and determined. 7. Whenever at any time the Governor in Oouncil is Provision of satisfied that the governing body of any Division, Borough, f~ ; { ~ ! ~ ns. Town, or Shire whose Area is contiguous to the said Oity is desirous that the provisions of this Act, with such modifications as are right and proper, should be extended to such Area, and that it would be to the best interests of the ratepayers thereof that the same should be so extended, the Governor in Oouncil may, by Order in Oouncil, extend the provisions of this Act to such Area accordingly. Before taking any action under this section the Governor in Oouncil may require that the wishes of the ratepayers of the Area concerned shall be consulted by the taking of a poll or in some other manner, and in such case he may, by Order in Oouncil, direct the manner in which such wishes are to be ascertained and as to the necessary expenses, and may postpone any action for a specified period for that purpose. By the Order extending the provisions of this Act to any such Area the Governor in Oouncil may fix a time at which the abolition of such Area and its inclusion in the said Oity shall take effect, and may increase the number of wards of the said City and of the aldermen of the Oouncil thereof, and may by the same or any other Order or Orders declare any rights and adjust and determine any claims, matters, questions,and disputes rendered necessary or

8578 LOCAL GOVERNMENT-MINING. Glasgow Gympie United Gold -L'I1ilting Lease Act. 2 EDw. VII. No. 6, proper to be declared, adjusted, and determined by reason of the exercise of the aforesaid powers. Powers of.the 8. The powers and authorities conferred upon the ~ ~ : ~cit° rnm Governor in Council by this Act shall be without prejudice respect to the and in addition to the powers and authorities to alter the rc~ ~ icipal constitution of the Municipality of Brisbane or of the Council thereof conferred upon the Governor in Oouncil by the Municipal Act. Effect of 9. Every Order in Council under this Act shall, upon ~ ? ! el~ : nder publication in the Gazette, have the same effect as if it were a part of this Act. MINING. 2 Edw. VII. An Act to Enable Certain Persons to Test, Open Up, ~ ~ :. and Develop at Deep Levels certain Auriferous G6~ ! ~ ~ : Lands situated on the Goldfield of Gympie. UNITED GOLD MINING LEASE ACT m' J [ASSENTED TO 3RD OCTOBER, 1902. W 1902. Preamble. HEREAS it is desirable to encourage the testing, opening up, and developing of auriferous lands situated upon goldfields at greater depths than those at which such lands have heretofore been worked: And whereas David Elder Reid, John Wilson, and Lewis Porter hav~ severally made application for gold-mining leases of certain lanu situated on the goldfield of Gympie, consisting of four blocks, numbered respectively 1275, 1276, 1277, and 1278, and comprising an area of two hundred acres or thereabouts, and are desirous of test- ing, opening up, and developing the same at deep levels, and for that purpose. require that the same should be held under one gold-mining lease: And whereas under the provisions of " The Mining Act of 1898 "* the area of land which may be held under one gold":mining lease cannot exceed fifty acres: And whereas the discovery of payable gold-bearing stone at deep levels in such land would greatly increase the industry of· mining upon the said goldfield, and would be of manifest public advantage: And whereas, for the purpose of enabling the said perRons to test, open up, and develop such land at deep levels, it is expedient that they should be granted a gold-mining lease comprising the whole of the said * 62 Vie. No. 24, supra, page 6609.