City of Brisbane Improvement Act of 1916 (7 Geo v No. 24) (Qld)

LOCAL AUTHORITIES. 7 GEO. V. No. 24,1916. Oity of Brisbane Improvement Act. SCHEDULE. TOWN OF CLERMONT. Section 23-Allotments 4 and 5. Section 24-Allotments 1 and 2. Section 43-Allotments 4,5,9, and 10. Section 47-Allotments 5, 9, and 10. Section 51-Allotments 4, 5, 9, and 10. Section 53-Allotments 1, 4, 5, 6, 7, 8, 9, and 10. Section 54-Allotments 2,4. 5,7,8,9, and 10. Section 55-Allotments 4, 5, 6, 9, and 10. Section 64-Allotments 8,9, and 10. 7681 LOCAL AUTHORITIES. An Act to Authorise the Council of the City of 7 N G o e . o 2 . 4 V . . Brisbane to take Property for the Purpose of CITY OF Enlarging, Extending, and Widening Streets, ~ ! !~ ~ ~~ and otherwise Improving the said City, and forME~9ir°J.l' other purposes; and for dealing with Property so taken, and for other purposes, J [ASSENTED '1'0 29TH DECEMBER, 1916. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament ,assembled, and by the authority of the same, as follows : - 1. This Act may be cited as "The City of Brisbane Short title. Improvement Act of 1916." 2. In this Act, unless the context otherwise indicates, I~terpreta. the following terms have the meanings set against them tlon. respectively, that is to say:- "City"-The City of Brisbane duly constituted City. under "The Local Authorities Acts, 1902 to 1913 ,,* ; " Council"-The Council of the City of Brisbane; Council. "Judge" or "Registrar "-A Judge or the Regis- Jud~ e; trar, respectively, of the Supreme Court; RegIstrar. * 2 Edw. VII. No. 19 and amending Acts, supra, pages 186() et sei., 5653, and 5918. . T

L"OCAL AUTHORITIES. City of Brisbane Improvement Act. 7 GEO. V. No. 24, Land. Land Court or Land Appeal Court. Minister. Registtar of Titles. Works. "Land"-Any land which at the passing of this Act has been or which may hereafter be alienated from the Crown in fee-simple: where necessary, the term includes any estate or interest in land; "Land Court" or "Land Appeal Court"-The Land Court or Land Appeal Court, respec- tively, constituted under "The LandAct, 1897"*: the term" Court" includes the Land Court and on appeal the Land Appeal Court; "Minister"-The Secretary for Public Lands or other Minister of the Crown charged for the time being with the administration of this Act; " Registrar of Titles" includes any Deputy Registrar of Titles; " Works"-Works authorised by this Act or " The Local Authoritie8 Acts, 1902 to 1913."t lir- ~ ( ' . l. , 1\ t P a . o k w e I? erl ? a t n : o · ds. appropvrio3svi. oaTnl shoefhetChreoeiunGnacofitvleermrncaooyrnitfnarioCnmeoduntiacminl,de inwtoiptuhtiromsuueta,nfucwreitthohefrtthhoeer other authority than this Act, take any lands within the area of the City which the Council, by resolution, declares to be required by the Council. . Crown 4. As to any estate or interest of the Crown in the ~ = as to whole or any part of the land taken, the Crown shall resumptions be expressly bound. Preliminary 5. The Council may use the City Fund of the City xpenses. for the purpose of making surveys and obtaining plans, estimates, and reports as to the cost or desirability of taking any lands under the authority of this Act: Provided that in the event of such lands being taken by the Council such preliminary expenditure shall be charged to the special account to which the cost of such taking is charged. t pP o rreo t lc a iem k d i iu n nr g aery Act, 6 th . eWCohuenncitlhsehaClloduenpcoilsirteiqnutihreesToawnyn Hlaanlld, Bunridsebratnheis- land. (i.) A plan signed by a duly authorised surveyor as evidence of the accuracy thereof, showing the land to be taken and, as far as can be ascer- tained, the several parcels of the same; such plan shall be open to inspection by all persons at all reasonable times; • Repealed; see now 1 Geo. V. No. 15, reprinted in Appendix F infra. t 2 Bdw. VII. No. 19 and amending Acts, supra, pages 1860 et seq.,5653, and 5918.

LOCAL AUTHORITIES. 76 3 1916. City of Brisbane Improvement Act. (ii.) A list of the names of the respective owners and occupiers of such land. 7. The Council shall from time to time, with the Taking of taI· pOpnropvuabl lo I ' S fhtehde G' movtehrenor G i a n ze C tt o e unacnidl, b' my ntowtiocenoefwrsepsaupmeprs- nr l eo a s n tlu ~ CmebpY 0 t f io • circulating in the City, declare that any land required ~ i'" <' for the purposes of this AC(j has been taken by the Council; " R I p~ and a list of the several parcels of the bnd taken shall be contained in or annexed to the notice of resumption. Such notice of resumption shall also be served by registered letter on the owner or owner's agent as in ma~ ner indicated under section thirty-one of this Act. 8. Upon the publication of such notice of resump- Effect of tion- notice of (a) The land therein described shall by force of reswnption this Act, for the purposes and subject to the ~ r: : ; ; - r. , R 1'26' provisions of this Act, become absolutely . vested in the Council for an estate in fee- simple in possession freed and discharged from all trusts, obligations, mortgages, charges, rates, contracts, claims, estates, interests, rights of way, and easements of what kind soever ; and (b) The estate, right, and interest of every person entitled to the whole or any part of the land so taken, and whether to the legal or equitable estate therein, shall be deemed to have been converted into a claim for compensati·.m under this Act, and a claim for compensation may be made and such compensation paid, notwith- ~ standing that no provision for payment of compensation is contained in the original deed of grant issued by the Crown. 9. The publication of a notice of resumption in the Notice of Gazette shall be primd facie evidence that the provisions resUI~ dPtion of th I ' S Act have been compl 1 ' 8 d W.Iht. as eVl ence 10. VVhere it is found that any notice of resumption Errors or :r published in the Gazette or any newspaper circulating is. " t" in the City incorrectly described the land taken, or that escnp Ion. any other error in form or substance exists in relation to such taking, the Council, with the approval of the Governor in Council, may, by a subsequent notice of resumption published in the Gazette, annul or amend the

7684 LOCAL AUTHORITIES. City of Brisbane Improvement Act. 7 Goo. V. No. 24, same or any part thereof; and such first notice of resump- tion or such part thereof shall, from the date of the subsequent notice of resumption, be absolutely void: Provided that- (a) No person shall be prejudiced in respect of any mortgage, charge, claim, estate, or interest existing in respect of the land by reason of his having, in consequence of the former notice of resumption, done or omitted any act or thing or failed to enforce or act upon any right or comply with any obligation in respect of such mortgage, charge, claim, estate~ or interest ; (b) No person shall have any right of action or claim against the Council for anything borui, fide done under such notice of resumption before the annulment or amendment thereof; (c) Nothing herein contained shall limit the power of the Council to take at any subsequent time the whole or any part of the land mentioned or described in any notice of resumption so annulled or amended in whole or in part. Compensa. tion. 11. Every person entitled to an estate or interest in any land taken under the provisions of this Act shall~ upon presenting a claim as hereinafter provided and making out a title in respect of such estate or interest, be entitled to compensation in manner hereinafter provided. oRfetgiitsletr. ation Prop 1 er 2 t . y ( A 1 c .) ts, If 1t8h6e1 l t a o n1d8t8a7k,e"n* itshneoCt osuunbcjeilc, twtoith" i T n h n e i R ne e t a y l days from the publication of the notice of resumption, shall deliver a copy of the notice of resumption to the Registrar ·of Titles, who shall thereupon bring the land under those Acts, and register the same in the name of the Council, and issue a certificate of title therefor. (2.) If the land is subject to those Acts, the Council~ within ninety days from the publication of the notice of resumption, shall deliver a copy of the notice of re- sumption to the Registrar of Titles, who shall thereupon register the land in the name of the Council, and issue a certificate of title therefor. (3.) Where an easement only is acquired by the Council, the delivery of a copy of the notice of resumption * 25 Vie. No. 14 and amending Acts, supra, pages 2984 et seq.

LOCAL AUTHORITIES. 76 1) ]916. City of Brisbane Improvement Act. to the Registrar of Titles shall be a sufficient authority to him to register such easement. (1=.) Any person in possession of any instrument evi- dencing the title to the land taken shall, upon receiving notice from the Registrar of Titles, deliver up to him such instrument, to be cancelled or to be endorsed with the proper endorsement, as the case may require. Any person refusing or neglecting so to deliver up any such instrument shall be liable to a penalty not exceeding fifty pounds. Moreover, no person having in his possession any such instrument shall be, entitled to receive compensation under this Act until such instrument is delivered to the Registrar of Titles. (5.) The Registrar of Titles shall issue a certificate of title for the land (if any) included in such instrument and not taken. (6.) The costs and expenses in connection with the registration and issue of documents rendered necessary hy the taking of the land shall be borne by the Council. Such -costs and expenses niay be taxed by the proper officer of the Supreme Court under the rules of that Court. 13. The Council may, without complying with thisTaking Act, enter into an agreement to take any estate or interest agreemen of any person in any land required, and in such case the compensation to be paid may be either agreed upon or left to be determined under this Act. H the amount of compensation to be paid is the subject of an agreement, the Council may agree to grant any easement, right of way, right of occupation, or any other right, privilege, or concession in, upon, over, or under any land under its control, in satisfaction or part satisfaction of compensation. Any agreement under this section may be made a rule of the Supreme Court by either party by filing the same or a true copy thereof in the office of the Registrar, and thereupon such agreement may be enforced accord- ingly. ::rn- 14. A claim for compensation may be made by any By whom person seised, possessed of, or entitled to the land taken or to any estate or interest therein, or by the executor or ma! be administrator of any such person, whether such person clauned. has or has not the power to sell or convey the same.

7686 LOCAL AUTHORITIES. City of Brisbane Improvement Act. 7 GEO. V. No. 24, Any claim on behalf of cestuis que trustent, infants~ or persons of unsound mind may be made by their trustees~ guardians, or committees (or, where there is no committee~ by the Public Curator) respectively. In the case of an infant not having a guardian within the State and known to the Council, the Public Curator shall, for the purposes of this Act, be the guardian of such infant. Where any land owned by the Crown or in which the Crown has an estate or an interest is taken by the Council, the Attorney-General is hereby empowered to make claim for compensation and settle with the Council or sue for and receive the amount of such compensation on behalf of the Crown. 0Jaim. by 15. Where compensation is claimed by a person = =~ tered whose estate or interest in the land taken is not duly registered or notified in the office of the Registrar of Titles, and any other person has claimed and obtained compensation in respect of the same land and without giving written notice with his claim of such unregistered estate or interest, such first-mentioned person shall not be entitled to any compensation whatever from the Council in respect of such estate or interest. Leaaee•• 16. No compensation shall be payable to any person who is lessee, tenant, or licensee of any land taken if the Council is willing and upon written application agrees to allow his estate or interest to continue uninterrupted. Limit of 17. The time limited for making a claim for com- t m cilma a i k em i f n . o g r pdeantesatoifonnoutnicdeerotfhirsesAumctpstihoanll tbaekitnhgreteheyelaarnsdf. rom 1£ tnhoe 'f'Ec.l.. 'R. I ? ~ •. rcilgaihmt tfoorcocmompepnesnastaiotinonsh i a s llmbaedaebswoiltuhtienlysbucahrrepder: iod, the Provided that if the person entitled to compensation is believed to be absent from the State, or to be an infant or person of unsound mind, the Council shall, before the expiration of that period, make an application to a Judge~ accompanied by an offer of an amount by way of compen- sation; and thereupon the Judge may direct that such offer be accepted or that the claim be heard by the Land Court under this Act. The Land Court shall proceed in the examination of such claim as in other cases, and the Registrar or some person nominated by him shall represent the persons entitled to claim, and may act in their behalf in all matters

1916. LOCAL AUTHORITIES. City of Brisbanelmprovement Act. 768 incident to the claim or the hearing thereof; and· the moneys payable as compensation shall be paid into the Supreme Court, and shall there remain subject to the provisions hereinafter contained. 18. In. estimating the c'ompensation to be paid, Compen- regard shall in every case be had not only to the value of : ~ n. land taken but also to the damage (if any) caused- estimated. (a) By the severing of the land taken from other land of the claimant; or (b) By the exercise of any statutory powers by the Council othe~ se injuriously affecting such other land; and compensation shall be assessed according to the value of the land, estate, or interest of the claimant on the date of the notice of resumption taking the land. In estimating the compensation to be paid, there shall be taken into consideration, by way of set-off or abatement, any enhancement in the value of the interest of the claimant in any land adjoining the land taken or severed therefrom by the carrying out of the works for which the land is taken; but in no case shall this pro- vision operate so as to require any payment to be made by the claimant in consideration of such enhancement of value. 19. In order to obtain compensation, the claimant Particulars shall, within tJ;te pe~ od .herei.n?efore I?rescribed, serve : se~ in upon the CouncIl a claIm, In WrItIng, statIng-- . cIium to (a.) The several areas and descriptions. of the : : ! ~ ­ parcels of land taken or affected in respect of which he makes his claim, and the nature and particulars of his interest therein; and if the land-or his estate or interest therein is incumbered, leased, or subject to any easement, he shall give particulars of such incumbrance, lease, or easement ; (b) Each matter on account of which he claims compensation, with full particulars of the nature and extent of the claim; (c) His name in full, together with his address, which address shall be deemed to be his last known place of abode or business until notice in writing of a change of address is given to the Council.

7688 LOCAL AUTHORITIES. City of Brisbane Improvement Act. 7 Gm. V. No. 24, The claim shall be accompanied by an abstract or certified copy of all documents necessary to establish the claimant's title. Council may 20. If the claimant does not give full particulars :.;:: of all or any of the matters hereinbefore prescribed, the particulars. Council may, by notice in writing, require him to furnish such particulars. If such particulars are not furnished within ninety days after notice or within such extended time as a Judge may allow, the claim shall be absolutely barred. Offer of com. 21. The Council may, ~ thin thirty days after the pensation. service of the claim or of the further particulars where they are required under the last preceding section, serve on the claimant an offer of compensation; but such offer shall not be deemed an admission by the Council of the claimant's title to the land with respect to which the offer is made. Within sixty days after the service of the offer of compensation, the claimant may serve on the Council a notice rejecting the offer. If notice of rejection is not given ",ithin such time, the offer shall be deemed to be accepted. D~ ter: 22. If ~ he Council makes no offer, or if the claimant :: . ~ : ~ ~ of rejects the offer, .the amount of compensation to be p~ id sation by shall be determmed by the Court, and the followmg ~ ~ . provisions shall have effect : - . The claimant shall forthwith file a copy of his claim and of all ndUces and other particulars in the office of the Registrar of the Land Court. For the purposes of this Act the powers and duties conferred and imposed upon the Land Court shall be exercised and performed by one member thereof only; but the decision of such member shall be subject, at the instance of the Council or the claimant, to appeal to the Land Appeal Court. The Land Court shall have jurisdiction to hear and determine all matters of compensation arising under this Act, and the Land Appeal Court shall have juris- diction to hear and determine all such matters upon appeal; and for such purposes all the provisions of Part II. of "The Land Act, 1897,"* so far as the same are applic- able, shall extend to the hearing and determination of such matters in the first instance and upon appeal. «0 Repealed; 86IlfWW lGeo. V. No. 15, reprinted in Appendix F infra.

LOCAL AUTHORITIES. 1916. Oity of Brisbane Irnprovernent Act. The decision with respect to compensation shall be in writing; and shall be transmitted by the Registrar of the Land Court to the Registrar of the Supreme Court to be filed in the Supreme Court. On receipt of the decision, the Registrar of the Supreme Court shall give notice thereof to the claimant and Council. The decision shall be final as regards the compen- sation awarded, but shall not be deemed to be final as regards the right or title of the claimant or any other person to receive the compensation or any part thereof; but if the sum awarded is not paid into the Supreme Court, as hereinafter provided, within thirty days after the filing of the decision in the Supreme Court, the decision shall be final for all purposes and have the effect of a judgment of the Supreme Court, and may be enforced accordingly, subject, however, to this Act. + 23. If the amount of compensation to be paid is Grant of . determined by the Court, tIre Council may offer and the li: ~ ~ fn: ~ : Court may award to the claimant, in satisfaction or part pensation. satisfaction of the compensation claimed, any easement, right of way, right of occupation, or any other right, privilege, or concession in, upon, over, or under any land under the control of the Council; and the Court may, by its award, declare which (if any) of such easements, rights, privileges, or concessions so offered shall be granted to the claimant in satisfaction, or part satisfaction, or mitigation of his claim to compensation. 24. If any doubt or dispute arises as to the right When title or title of. any person to receive any ?ompensation award~ d ~ ~ ~ ~ : ~ ' under thIs Act, or any compensatIOn agreed to be paId Ba~ ioz; t to be by the Council, or if any person refuses or neglects to ~ : ~ ~ ~ receive any compensation so- awarded or agreed upon, Court. the Council may, in the case of compensation awarded by the Court, within thirty days after the decision has been filed in the Supreme Court, and in other cases within thirty days after demand or tender made, pay the sum awarded or agreed upon into the Supreme Court; and the R~ gistrar shall deal with and apply such moneys in such manner and shall pay the same to such persons as the Supreme Court or a Judge, upon the application of any person interested, may order; and the costs of and incidental to any proceedings under this section shall be in the discretion o.f such Court or a Judge.

7690 LOCAL AUTHORITIES. City of Brisbane Improvement Act. 7 Gm. V. No. 24, Compen. sation in case of limited interests. 25. If compensation is awarded or has been agreed to be paid in respect of land taken from any person having a partial or qualified interest only in such land, and not entitled to sell or dispose of the same, the following provisions shall apply:- (i.) If the compensation is two hundred pounds or upwards, it shall be paid into the Supreme Court, and the Registrar shall apply the same, upon an order of the Supreme Court or a Judge made on the application of any person interested, to one or more of the following purposes, that is to say- (a) The discharge of any debt or incumbrance affecting the land, or affecting any land settled therewith, or to the same or like uses, trusts, or purposes ; (b) The purchase of other land to be conveyed, limited, and settled upon the like uses, trusts, or purposes ; (c) Removing or replacing any buildings on the land, or substituting others in their stead; (d) The purchase of such securities as the Supreme Court or a Judge may direct, to be settled in the same manner as the land; (e) In payment to any party becoming abso- lutely entitled thereto. (ii.) If the compensation is more than twenty but less than two hundred pounds, it shall be paid into the Supreme Court, and the Registrar may apply the same to any of the above- mentioned purposes, but no order of sucb Court or a Judge shall be necessary; (iii.) If the compensation is not more than twenty pounds, it shall be paid to the parties entitled to the rents and profits of the land, or, in the case of their disability or incapacity, to their respective guardians, trustees, or committees (or, if there is :0.0 committee, to the Public Curator), as the case may be. The costs of and incidental to any proceedings 'under this section shall be ip. the discretion of such Court or a Judge. Nothing in this section shall be deemed to prevent any person who has a partial or other qualified interest in land to which interest he is solely entitled, and which

LOCAL AUTHORITIES. 769 1916. City of Brisbane Improvement Act. he may absolutely sell or dispose of, from receiving any compensation awarded to him in respect of such interest, or which has been agreed to be paid to him. 26. If the land in respect of which compensation is Mortgaged awarded or has been agreed to be paid is subject to a land. mortgage, the Court shall, upon application by the mortgagee, award that the compensation, or so much as is required for the purpose, shall be paid in discharge of the mortgage debt, or of part thereof, so far as the com- pensation will go. "Mortgage debt" includes the interest payable on such mortgage up to six months beyond the day when the land affected was taken under this Act. 27 If the land in respect of which compensation is Land awarded or has been agreed to be paid is subject to a : ~ l~ : ~ a~ ge. rent-charge or annuity, the Court shall, upon applica- tion by the person entitled to such rent-charge or annuity, determine what part of such compensation shall be paid to the person so entitled in redemption thereof; and, if the land is part of land subject to a rent-charge or annuity, the Court, upon like application, shall determine what part of such rent-charge or annuity shall be redeemed, and what part of such compensation shall be paid in the redemption thereof, so that the remaining part of the land subject to the rent-charge or annuity shall be as good security as theretofore for the part thereof remaining unredeemed. . If the land in respect of which compensation is ~ere rent awarded or has been agreed to be paid is part of land in ~~ £ ~r~ !! da respect of which any rent is payable, the Court shall, of which upon application by the person liable to pay rent, deter- fsa:!~~~ mine what part of such rent shall cease to be payable, so that the rent ceasing to be payable shall bear the same proportion to the whole rent as the value of the land in respect of which compensation is awarded or agreed to be paid bears to the value of the whole land. 28. For the purposes of this Act, the Council or any Powers of person authorised either specially or generally by it may- entry. &C. (a) Enter and re-enter from time to time upon any land, with such assistants as are required, to make any survey which is authorised to be made; (b) Affix or set up thereon trigonometrical stations, survey pegs, marks, or poles, and from time to time alter, remove, inspect, reinstate, and repair the same;

7692 LOCAL AUTHORITIES. City of Brisbane Improvement Act. 7 GEO. V. No. 24, (c) Dig and bore into the land so as to ascertain the nature of the soil, and set out the lines of any works thereon ; (d) Do all things necessary for the purposes afore- said. Reasonable notice shall be given to the owner or occupier of the land of the intention to enter thereon, and the authority under which the person entering claims to enter or has entered shall, if required by such owner or occupier, be produced and shown. Every person who- (a) Without due authority, destroys, mutilates, defaces, takes away, or alters the position of any trigonometrical station, survey peg, mark, or pole fixed or set up by any person under the authority of this section; or - (b) Wilfully obstructs any person acting under the authority of this section; shall be liable to a penalty not exceeding fifty pounds. _ IAn. d~ ybe 29. The Council may temporarily occupy and use = ~ :rily, any land for the purpose of constructing or repairing any works, and may- (a) Take therefrom stone, gravel, earth, and other material; (b) Deposit thereon any material ; (c) Form and use temporary roads thereon; (d) Manufacture bricks or other materials thereon ; (e) Erect workshops, sheds, and other buildings of a temporary nature thereon. The person having the charge of the works shall, before occupying or using any land as herein provided, and except in the case of accident requiring immediate repair, give to the owner or occupier thereof not less than seven days' notice in writing, and shall state in such notice the use proposed to be made of the land and an approximate period during which such use is expected to continue. The owner of the land may, at any time during such occupation, give notice in writing to the Council that he claims compensation; and if the land is not taken, the owner and all persons having any interest in the land may recover unde! this Act compensation for all damage done, but not exceeding the compensation which would have been payable had the land been taken.

LOCAL AUTHORITIES. 769 1916. City of Brisbane Improvement Act. No compensation shall be payable for any act or thing done under this section, the right or authority to exercise which is reserved by any Act, or by any regula- tion, Crown grant, or other instrument, except to the extent therein mentioned, notwithstanding that the terms and conditions imposed by such Act, regulation, grant, or instrument have not been performed. 30. If the owner or occupier of any land taken or ~ roceeding; occupied under this Act, or any other person, refuses to 1Ur::i ~ ! . give up possession thereof, or obstructs the Council or ;ve up any person appointed in writing by it, the Council may land. issue its warrant to the sheriff to deliver possession of the same to the person appointed in the warrant to receive possession, and on receipt of the warrant the sheriff shall deliver possession of such land accordingly. The costs of the issue and execution of the warrant, to be settled by the sheriff, shall be paid by the person in default, and may be deducted from any compensation payable to him, or the same or any balimce may be levied by distress and sale of the goods and chattels of such person. 31. Any notice, claim, or other document required Service of by this Act to be served on any person may be sent to documents. the last known place of abode or business of such person by messenger or by post. If such person is absent from the State, the document may be served on his agent in like manner. If such person is not known or has no known agent in the State, the document may be served by the pUblication of the same, or a true abstract thereof, in the Gazette and in some newspaper circulating generally in the City. A document may be served on the Crown by being sent by post to the Department of Public Lands, at .Brisbane, addressed to the Minister, or to the office of such person, either at Brisbane or elsewhere in the State, as the Minister authorises by public notice to receive documents on his behalf. Where a document is sent by post, it must be sent so as to arrive in due course of post on or before the last day on which such document is required to be served. 32. The Governor in Council may from time to time Regulat.ion _ make all such Regulations as may'be necessary for giving .full effect to this Act, and may by such Regulations impose a penalty not exceeding twenty pounds for any I I,

7694 LOCAL AUTHORITIES. City of Brisbane Improvernent Act. 7 GEO. V. No. 24, 1916. breach thereof. All such Regulations shall, upon publica- tion in the Gazette, have the same effect as if they were enacted in this Act, and shall be judicially noticed. Such regulations, and any amendment thereof, shall be laid before both Houses of Parliament within fourteen sitting days after such publication if Parliament is in session, and if not then within fourteen sitting days after the commencement of the next session. If either House of Parliament passes a resolution disallowing any such regulation, or amendment thereof, of which resolution notice has been given at any time within fourteen sitting days of such House after Sllch regulation, or amendment thereof, has been laid before it, such regulation, or amendment thereof, shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purpose of this Act, the term" sitting days" shall mean days on which the House actually sits for the despatch of business: Provided always that if such regulations, and amend- ments thereof, if any, are not duly laid before Parliament as hereinbefore prescribed they shall thereupon cease to have any force, effect, or operation whatsoever. pReenoaoltvieersy. of may 3b3e . pArolsleocfufteendcebsyacgoaminpsltaitnhtisinAacst uomr mthaeryRwegauylautniodnesr " The Justices Acts, 1886 to 1909."* Powers of Council. 34. The Council may in respect of any land taken by it under the authority of this Act do all or any of the following things, that is to say : - (a) Demolish or retain any buildings or erections thereon; . (b) Construct new buildings or erections thereon; (c) Close, alter, widen, extend, or divert any existing public way thereon; . (d) Construct or open any new public way thereon) (e) Alter the levels of such land, and alter existing drail).S, and construct new drains and sewers thereon; (f) Generally alter, remodel, and improve such land and buildings in such manner as the Council may think fit ; '" 50 Vic. No. 17 and amending Acts, sup:a, pages 1132 et seq.

LOCAL AUTHORITIES.-RAILWAYS AND TRAMWAYS. 7 GEO. V. No. 22, 1916. Japoon Trarmway Act. (g) Sell the whole or any portion of such land in one or more lots by public auction or private contract and on such terms and conditions as the Council may think fit (including power .to take securities for any balance of purchase money or allow such period for payment as the Council may think fit) ; (h) Lease the whole or any portion of such land for such periods and on such terms and conditions as the Council may think fit. + LUCINDA POINT TO HALIFAX ROAD. See ROADS. MOUNT MOLLOY RAILWAY. See RAILWAYS AND TRAMWAYS. RAILWAYS AND TRAMWAYS. Japoon Tramway Act at 1916 Mount Molloy Railway Act at 1917 ., 7 Qeo. V. No. 22 .. 7 Qea. V. No. 29 An Act to Validate an Agreement entered into 7 Geo. ~ between the Corporation of the Treasurer of N; ~: 2. Queensland and the Adelaide Steamship Com - . T~ ~ A pany, Limited, for the Acquirement by the ACT OF 19 6. Treasurer, on behalf of the Government, of the Japoon Tramway with its Appurtenances, and for other consequential purposes. [ASSENTED TO 29TH DECEMBER, 1916.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as "The Japoon Tram- Short title. way Act of 1916." 2. The Agreement entered into on the Seventh day Validation of of December, one th?usand nine hundred and sixteen, ~ ~ : ~ r: : : ~ f between the Corporation of the Treasurer of Queensland Japoon and the Adelaide Steamship Company, Limited, for the Tramway.