Local Authorities Act of 1902 (2 Edw VII No. 19) (Qld)

LOANS.-LOCAL GOVERNMENT. 2 Enw. VH.N o. 19, 1902. Local AufltQrifies Act. , ,.,,, ., when due shall be paid by. the Treasurer out of such revenues in priority to all demands thereon,except the charges and expenses of the collection thereof and the interest upon the sum authorised to be borrowed under the authority of the Government Loan Acts of 1872, 1875, 1876, 1877, 1878, 1879, 1~ 81, 1882, 1884, 1889, 1H90, 1894, 1896~ 1899, and 1900, the Agricultural Lands Pur- chase Acts, "The Savings Bank (Seaurities) Act qf 1~95," and the Treasury Bills Acts of 1901 and 1902.* 8. This Act shall be styled and may be cited as " The Short title. G{)'/)e1'nment Loan Act of 1902." LOCAL GOVERNMENT. An Aot to Consolidate and Amend the Laws relating 2 Ed".. VII. . to Looal Authorities.' T! O~ : \ L [ASSENTED TO 20T:Q: DECEMBER, 1902.] ! : ~ ~ RI; ~ B E .it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legisla- .tive Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - PART I.-PRELIMINARY. PART L- PULIIlUNART. 1. This Act may be cited as " The Local Ll-uthorities Short title. Act of 1902." 2. Except as is. herein otherwise provided, this Act Commence· shall commence and take effect on and from the thirty- ment of Aet. first day of March, one thousand nine hundred and three. 3. This Act is divjded into Parts and Subdivisions :livision of as follows :---" Act. PART I.-PRELIMINARY: PART H.-AREAS: 'PART HL-CONSTITUTION OF LOCAL AUTHORITIES; QUALIFICATION OF MEMBERS AND VOTERS; OUSTER FROM OFFICE: Subdivision I.-Constitution ofLocal Authorities; *' 36 Vie. No. 24, supra, page 1304; 39 Vie. No. 8, iupra. page 1306; 40 Vie. No. 19, supra, page 1307; 41 Vie. .No. 22, supra, page 1308; 42 Vie. No. 10, sup,.a, page 1310; 43 Vie. No. 6, supra, page 1311; 45 Vie. No. 8, supra, page 1313; 46 Vie. No. 16, supra, page 1314; 47 Vie. No. 10, supra, page ~ 316; 48 Vie. No. 25, 8upra, page 1317; 53 Vie. No. 16, supra, page 3772; 54 Vie. No. 25, supra, page 4013; 68 Vie. No. 32, supra, page 4997; 60 Vie. No. 17, supra, page 6013; 63 Vie. No. 14, 8ttpra, page 7137 ;64. Vie. No. 24, supra, page 7362; 58 Vie. No. 27, supra, page 4988; 61 Vie. No. 13, supra, page 6223; 1 Edw. VII. No. 9., supra, page 81311; 1 Edw. VII. No. 23, supra, page 8136; 59 Vie. No. 20, supra, page 5600; 1 Edw. ViI. No. 4, fttp,.a, page 8166; and,2 Edw;/,vII. No. 26, IMt preceding Act.

8356 PART I.- PRELIMINARY. LOCAL GOVERNMENT. Local Authorities Act. 2 Enw. VII. No. 19~ Subdivision II.-Qualijication of 2J1embers; Subdivision I1I.-Rdtrements and Vacancies; Subdivisil)n IlT.-Ous/er from Office; Subdivision IT.-Qualijication of Voters: PART IV.-ELECTION OF MEMBERS: PART V.-CHAIRMAN: PART VI.-PROCEEDINGS: Subdivision I.-Meeting8 ; Subdivision 11.- Commtttees ; Subdivisi)n IIl.-Records; Subdivision IlT.-Officers: PART VII.-POWERS AND DUTIES: Subdivision I.-Office; Subdivision II.-Contracts; Subdivision IlL-General POWe1'S and Jurisdic- tion; Subdivision IlT.- A lignment of Roads; SubdivisiIJn V.-Powers of Maitl tenance ; Subdivision V I.-Levels of Roads; Subdivision VII.-Openin.c1 ond Closing Roads; Subdivil<;ion 77III.-Licpnsed Gatn in Shirps; Subdidsion IX.-Miscellaneous Provzsions as tf) Road.'J; Subdivision X.-Impounding; Subdivision X J.- Traffic; Subdivi. ~ ion XII.-Y/isceUaneous Powers; Subdivision XIJI.-Markets; Subdivision XIV.-Lighting, Hydraulic Power~ 8r(J. ; Subdivision XV.-Noxious Wepds, &rc.; Subdivision XVI.-lnspectors of L'Jcal Works: PART VIII.-HUlLDINGS: Subdivision I.-Filst Class SM/ions; Subdivi.'Jion 1I.-IJangerou.'? and Neglected Struc- turn; Subdivision 111.-General Provisions : PAR'!' IX.-BY-LAWS: PART X.-HEVENUE : PART XI.-VALUA'I.'ION: Sulidirisiotl 1.- What.is Rateable Land; Subdivision IL- Valuation; Subdivision IlL-Appeal against Valuation·

1902. LOCAL GOVERNMENT. Local Authorities Act. ssw. PART 1.- Pmw:JlINARY PART XII.-·RA'I.'ES: Subdivision L-Powers of Rating; Subdivision II.-Special and Separate Rates; Subdivision III.-Rate-Books; Subdivision IV".-Liability for and Recovery oj . Rates; Subdivision V.-Power to Lease; Subdivision VI.-Power of Sale; Subdivision VII.-Notices of Transfers: PART XIII.-AccOUNTS AND AUDIT: Subdivision L-Audit ; Subdivision II.-Separate Accounts: PART XIV.-LoANS AND LOCAL WORKS CARRIED OUT BY MEANS OF LOANS: Subdivision I.-Limit oj Loan Advances by Treasurer ; Subdivision II.-IJebentures; Subdivision III.-Plans; Subdivision IV.-Notice of Proposed Loans; Subdivision V".-Temporary. Loans from Banks; Subdivision VL- Unlawful Loans: PART XV.-TRAMWAYS: Subdivision I.-Tramway Area; Subdivision II.-Loans; Subdivision IlL-Tramway Bate; Subdivision IV".-Accounts; Subdivision V.-Powers of Oonstruction, ~c.: PART XVI.-AGRICUL'fURAL DRAINAGE: PART XVII.-JOINT ACTION: Subdivision I.-Oonstitution of Joint Local A'ltthorities; . Subdivision II.-Powers of Joint Local A utho- rities; Subdivision III.-Expenses of Joint Boards; Subdivision IV".-Joint Action in other cases: PART XVIII.-GENERAL PROVISIONS: Subdivision L-Exercise of Powers by Govern- ment; Subdivision II.-Legal Proceedings; Subdivision III.-Miscellaneous Provisions; Subdivision IV.-Oompensation;· SubdiviIJion V".-Powers for Execution. of Act. Subdivision VL-·Application to Joint Local A. uthorities• .1

8358 PART I.- .PRELIMINARY. LOCAL GOVERNMENT. Local Authorities Ad. 2 EDw. VII. No. 19, Repeal. 4. (1.) Subject to the provisions hereinafter con- Schedule 1. tained, the Acts specified in the First Schedule to this Act are repealed to the extent in that Schedule indicated. Proceedings, (2.) All proceedings and things lawfully had or done, By-laws, &c. and all By-laws lawfully made by the Local Authority of an existing Area or by an existing Joint Local Authority under or in pursuance of any of the said Acts or any Act thereby repealed, shall be and continue to be of the same force and effect, to all intents and purposes, as if no such repeal had taken place, but such By-laws may be repealed or amended under this Act. Rates, &c" (3.) All Rates and other moneys which, having due. accrued due, are, at the commencement of this Act, <iue or payable to or leviable by the Local Authority of an existing Area or an existing Joint Local Authority, shall be and continue to be so due, payable, and leviable, and may be paid to, and received, levied, and recovered by the Local Authority or Joint Local Authority under the provisions of this Act. . Penalties. (4.) All penalties and forreitures imposed under any of the said Acts, and incurred at the commencement of this Act, shall and mav be enforced as if this Act had not been passed. • Rights and (5.) All rights, liabilities, contracts, and engagements liabilities, &c. of 'a Local Authority or Joint Local Authority existing at the commencement of this Act shall be, and continue to be, vested in, and shall attach to, and may be enforced by or against, the Local Authority or Joint Local Authority, as the case may be. Actions, &c. (6.) All actions and proceedings pending at the commencement of this Act by or against a Local Authority or Joint Local Authority may be carried on and prosecuted by or against the Local Authority or Joint Local Authority, and no such action 01' proceeding !'lhall abate or be dis- continued or prejudicially affected by anything in this Act contained. Rights of (7.) All rights, powers, and authorities which, at the TreaSUl'er. commencement of this Act, have accrued to the Treasurer under any of the said Acts may be exercised and enforced as if this Act had not been passed. Documents (8.) All books and documents made evidence under emvaiddeence. eanxytenotf atsheifstahiids' AAcctts hsahdalnl octobneteinnupeasesveidd. ence to the same Existing (9.) All licenses, registrations, and permits issued, rliecgeinsstreast,ions, made, or granted by a Local Authority or Joint Local and permits. Authority before the commencement of this Act, under or

190:!. LOCAL GOVERNMENT. Local Authorities Act. 8359 PART L- PRELIMINARY. in pursuance of any of the said Acts, shall continue in force for the period, if any, specified in such licenses, registrations, or permits unless the same are sooner sus- pended, cancelled, or revoked under or in pursuance of this Act. to (10.) When in any enactment reference is made Reference to any provision of any of the said Acts, or any of the Acts repealed Acts. thereby repealed, it shan be taken, unless the context otherwise indicates, that such reference is to the corres- ponding provision of this Act, and such enactment shall be construed accordingly. 5. (1.) Save as hereinafter mentioned, this Act shall Exis~ i~ g apply to all existing Municipalities (other than existing ; ' r~ ~ ~ ~ - and Shires) as if they had been constituted '110wns under this Divisions. Act, and to an existing Shires and divisions as if they had been constituted Shires under this Act. (2.) Subject to this Act, the Local Authority of every Existing existing Area shall consist of the number of members ofr~~ ~ ~rities. which it consists at the commencement of this Act, and the members shall be assigned to the respective divisions of the Area (if any) in the same manner as heretofore, until such number or assignment is altered under this Act. (3.) In any Shire or division thereof in which voting Postal ballot. by post is in force at the commencement of this Act, the poll shall be taken in the mode prescribed for voting by postal ballot in the 'rhird Schedule to this Act, until the Schednle Ill. Governor in Oouncil directs that the poll in such Shire or division shall thereafter be taken in the mode prescribed for voting by ballot in such Schedule, in which case it shall thereafter be taken in such Shire or division in the latter mode accordingly. (4.) In every existing Area the Ohairman in office at Cha.irman. the commencement of this Act shall, subject to this Act, continue to hold such office thereafter until the day appointed for holding the first meeting of the Local Authority hereinafter appointed to be held after the next annual election of members. (5.) The boundaries of the Area of Brisbane shall Ar?a of be the boundaries existing at the commencement of this Brisbane. Act, and such Area shall continue to be divided into five wards having the boundaries existing at the commencement of this Act. The number of aldermen assigned to each of· such wards shall continue to be' two. Every alderman shall,

8360 PART I.- PBELIMINARY. LOCAL GOVERNMENT. Local Authorities Act. 2 Enw. vn. No. 19, Existing Joint Local Authorities. subject to this Act, continue to hold office for two years, and one of the aldermen assigned to each ward shall.retire annually under this Act: Provided that the Governor in Council may at any time under this Act alter the boundaries of such Area or of any ward, or the number of wards, or the number of aldermen, or the J number of aldermen assigned to each ward. (6.) The Joint Local Authorities heretofore con- stituted under the provisions of" The Looal Authoritie8 (Joint Aotion) Aot of 1886"* shall, unless or until dis- solved undertbis Act, be and remain Joint Local Authorities for the purposes of this Act, and shull, so far as is necessary, be deemed to have been constituted under this Act. But the Areas thereof and tbe powers thereof may be altered and varied under this Act. Saving of 6. (1.) Except as by this Act is otherwise expressly e e an e n r ad t c a pt i mo n wenetrss. rperpoveaidledo,r nootthheirnwgisheerperienjucdoicnitaalilnyedaffsehcat llanbye coofnsthtreueAd cttos· Schedule 11. mentioned in the Second Schedule to this Act, or any powers, authorities, privileges, duties, or obligations con- ferred or imposed-upon any person, company, or corporation under the provisions thereof. (2.) All powers given to a Local Authority under this Act shall be deemed to be in addition to and not in dero- gation of any other powers conferred upon such Local Authority by any other Act, and such other powers may be exercised in the same manner as if this Act had not been passed. Interpreta· tion. Animals. Area. Boundary bridge. 7. In this Act, unless the context otherwise indicates. the following terms have the meanings set against them respectively, that is to say:- "Animals"-Cattle, horses, camels, sheep, goats, and swine; " Area"-'1'he district in which a Local Authority or Joint Local Authority, as the case may be, has jurisdiction, including any place under the control of the Local Authority or Joint Local Authority outside the boundaries of tbe Area; " Boundary Bridge"-A bridge over a river, creek, or other watercourse which, or one side of which, forms the boundary between two Areas, or a bridge over any such river, creek, or water- • 50 Vie. No. 16, ,.pr., pageH61.

1902. LOCAL GOVERNMENT. Local Authorities Act. 8361 PART 1.-, PRELIMINARY, course situated at a point where two or more Areas, not being all on the same side of such river, creek, or watercourse, are conterminous; "Boundarv Road "-A road which, or one side ofBounda.ry which, forms the boundary between two road. Areas; • "Building"-Any fixed structure which is either Building. wholly or in part enclosed by walls and which is roofed; "By-Iaws"-By-Iaws made under the authority ofBy-laws. this Act; the term, when necessary, includes By-laws duly made by a Local Authority or Joint Local Authority under the authority of any repealed Act; ~ ' Cattle" - Bulls, cows, oxen, heifers, steers, and Cattle. calves; " Chairman"-The person acting for the time being Chairman. as the Mayor of the council of a Town or as the Chairman of the council of a Shire; the term when .necessary includes a deputy Mayor or deputy Chairman; H Clerk"-The person appointed by the Local Clerk. Authority to act as Town clerk or clerk of the Shire, or the person appointed by the Joint Local Authority to act as its clerk, as the case may be: the te~ m includes the officer for the time being performing the duties of the clerk; "Commissioner"-The Commissioner for Railways qommis- appointed for the time being under the authority SlOner. of the laws in force relating to the construc- tion, maintenance, and management of rail- ways; "Common Fund "-The common fund of a Joint Common Board , . fund. " Component Local Authoritv"-One of the Local Component Authorities, of which o~ of whose representa- ~ ~ ~ ~ ~ rity. tives a Joint Local Authority is composed; " Conterminous"-When two or more Areas are so Conter- situated that each one of the Areas is adjacent minons. to another Area, or is only separated from it by a rive1:', creek, or watercourse, all the Areas are "conterminous" within the meaning of this Act; " Council "-The Council of a Town or Shire; Council. " Division"-A ward of a Town or a division of a Division. Shire; I

8362 PART 1.- PRELIMINARY. Electric line. Ferry. Fire-resisting Materials. Goods. Horses. Improved land. LOCAL GOVERNMENT. ~ ~ ~ - ~ ~ ~ ~ ~ . - - Local Authorities Act. 2 EDw. VII. No. 19, "Electric Line"-A wire or wires conductor, or other means used for the purpose of conveying, transmitting, transforming, or distributing elec- tricity, with any casing, coating, covering, tube, pipe, pillar, pole, post, frame, bracket, or insulator enclosing, surrounding, or supporting the same, or any part thereof, or any apparatus connected therewith for the purpose of convey- ing, transmitting, transforming, or distributing electricity, but not a telegraph or telephone line; " Ferry" includes a punt or Hoating bridge; "Fire-resisting Materials" - The following materials, namely:~ (i.) Brickwork, constructed of good bricks, well burnt, hard and sound, properly bonded, and solidly put together- (a) With good mortar compounded of good lime and sharp clean sand, hard clean broken brick, broken Hint, grit, or slag; or (b) With good cement; or (c) With cement mixed with sharp clean sand, hard clean broken brick, broken Hint, grit, or slag; (ii.) Stone suitable for building purposes by reason of its solidity and durability; (iii.) Iron, steel, and copper; (iv.) Slate, tiles, brick, and terra-cotta, when used for coverings or corbels; (v.) Flagstones, when used for Hoors over arches, but not exposed on the underside, and not supported at the ends only; (vi.) Concrete composed of broken brick, stone chippings, or ballast, and lime, cement, or calcined gypsum, when used for filling in between joists of floors; and (vii.) Any material from time to time declared by a By-law of the Local Authority to be fire- resisting. " Goods"-Goods, chattels, merchandise, materials, stone, timber, or other articles; "Horses"-Horses, mares, geldings, colts, and fillies, asses and mules; "Improved Land"-The site or curtilage of any building, or any garden, lawn, yard, court,

1902. LOCAL GOVEltNMENT. - - - - - - - - - - - ------ Local Authorities Act. 8363 PART 1.- PRELIMINARY. park, plantation, planted walk, avenue, or nursery for trees, and any land under cultiva- tion; "Joint Board "-The governing body of a Joint Joint Board. Local Authority; "Licensed Vehicle"-Any stage carriage, or omni- Lic~nsed bus, hackney carriage, motor, coach, car, cab, vehICle. wagon, lorry, cart, van, dray, trolley, or other vehicle in respect of which a license under the provisions of this Act or any Act hereby repealed is in force; "Licensee"-The hoJ del' for the time being of any Licensee. license under the provisions of this Act o.r any Act hereby repealed; _ "Local Authorit-y"-The council of a Town or of Local a Shire , ' • Authority. "Local Fund "-The City Fund or Town Fund Local Fund. or Shire Fund, as the case may be ; "Main Road"-A road which, being a main Main road. thoroughfare, passes through two or more Areas, or is a boundary road abutting upon more than two Areas, or fulfils both of these conditions; "Member"-A member of a Local Authority' OrMember. Joint Local Authority, as the case may be; " Minister"-The Home Secretary or other Minister Minister. -of the Crown for the time being charged with the administration of this Act; " Naturalised Subject "-A l)erson who has been Naturalised naturalised in England or in Queensland, or in subject. any State to which the Act of the Federal Council of Australasia, intituled " The Austral- asian Naturalisation Act, 1897,"* extends, or in any State in pursuance of any Act of the Commonwealth of Australia; " Newspaper"-A newspaper generally circulating Newspaper. in or near the Area; " :N oxious Weed or Plant "-A nv weed or plant Noxious weed grow.mg Wl 'th" m any ~ A ~ rea ~ wh l ' C h has been or plant. declared to be a noxious weed or plant and to be a nuisance under this Act; "Occupier"-The person in actual occupation of Occupier. any land; or if there is no person in actual occupation, the person entitled to possession thereof; * 60 Vie. No. 1, supra, page 6169.

8364 PART 1.- PRELIMINARY. Open to . inspection. Owner. Pest. Poundkeeper. Prescribed. , Proprietor. Ratepayer. Registral' of Titles. Regulations. LOCAL GOVERNMENT. Local Autlwrittcs Act. 2 EDw. VII. No. 19, " Open to Inspection"-Used in reference to books, documents, and writings belonging to or relating to the business of a Local Authority or .T oint Local Authority-Open to inspection or for the making of any copy or extract at the office of the Local Authoritv or Joint Local Authority at all reasonable times during office hours by any ratepayer of the Area or creditor, or any person acting on behalf of a ratepayer orcreditor, without paymentof any fee ; " Owner"-The person other than His Majesty who for the time being is entitled to receive the rent of any land, or who, if the same were let to a tenant at a rack-rent, would be entitled to receive the rent thereof. The term includes any lessee from the Crown holding under a longer tenure than a tenancy from year to year, and any superintendent, overseer, or manager for such lesRee residing on the hold- ing, and in the case of a Gold Field or Mineral }'ield also includes the holder of a mining lease and the lawful occupier of a business area or residence area under the laws for the time being in force relating to mining; " Pest"-Any animal or bird infesting or devouring any tree, plant, vegetable, or product thereof, or any insect or fungus infesting or causing disease to any tree, plant, vegetable, or product thereof, or any insect, matter, or thing infesting or causing disease in any animal; which has been declared a pest under this Act; " Poundkeeper"-'fhe officer appointed to be pound- keeper for the purpo&es of this Act ; the term includes the officer for the time being perform- ing the duties of the poundkeeper ; "Prescribed"-Prescribed by or in pursuance of this Act; " Proprietor"-The person owning any animal, or any agent or overseer of such owner; "Ratepayer"-Any person who is named in the Rate-Book of an Area as an occupier or owner of rateable land; "Registrar of Titles"- Includes a local deputy Registrar of Titles; " Regulations "-Regulations made under the authority of this Act;

LOCAL GOVEHNMENT. ---_ ... - .. - - ~ - - . - 1902. Local Authorities Act. 8365 PART 1.- PRELIMINARY. " Road "-A street, road, or highway dedicated Road. to the public, including a bridge or culvert upon a street, road, or highway; "Sheep"-Rams, ewes, wethers, and lambs; Sheep. "Shire"-An existing ~ hire or division, or a Shire Shire. constituted under this Act; "Structure" -Any building, wall, fence, or other Structure. structure, or anything affixed to or projecting from any building, wall, fence, or other structure; "Surveyor"-rrhe officer appointed by the Local Surveyor. Authority to be surveyor for the purposes of this Act: the term includes any deputy sur- veyor and any officer for the time being performing the duties of the surveyor; H This Act" includes this Act, and any By-law, This Act. Regulation, Order in Council, Proclamation, or order or notice made or given thereunder; ~ ' Town" - - An existing Municipality other than an l'own. existing Shire, or a City or Town constituted under this Act; H Tramway Area"-A tramway area defined by Tramway Order in Council under this Act; Area. H Vehiele"-Any description of vehicle drawn or Vehicle. propelled by animal or other motive power, other than a velocipede as herein defined; H Velocipede"-A bicycle, tricycle, or other vehicle Velocipede. of similar description; "Watershed"-Any-portion of an Area or division Watershed. from which the water is drained in a commOn direction by reason of the natural conforma- tion of the ~ ountry or otherwise; "Writing" includes partly printing and partly Writing. writing, and printing, typewriting, lithography, photography, and other modes of representing and reproducing words in a visible form; 8. When any act is by this Act directed or forbidden Offence t o be done, or when anyauth 01'1 ' ty ' IS gI.Ven b y t , h I ' S A C t t 0 against Act. any person to direct any act to be done, or to forbid any act to be done, and such act so directed to be done remains undone, or such act so forbidden to be done is done, in every such case every person who offends against such direction or prohibition shall be deemed to be guilty of an offence against this Act.

8366 PART II.- AREAS. LOCAL GOVERNMENr. - - - - - - - - - ~ - - - ~ - - - - - ---- - - - - - - - - - - - - - - Local Authorities Act. 2 Enw. VII. No. 19. PAR'r II.-AREAS. Governor in 9. (1.) The Governor in Council may, by Order in IC'( olnusntcitiul tme, a•y Council- unite, divide, or abolish Areas. (i.) Constitute any portion of Queensland, which is not included in an Area, a Town or Shire, with such boundaries and by such name as are specified in the Order; (ii.) Unite two or more Areas into one Area; (iii.) Divide an Area into two or more Areas; (iv.) Divide or redivide an Area into divisions; (v.) Alter the boundaries of an Area or division by including in an Area or division part of another Area or division, and excluding it from the latter; (vi.) Abolish an Area or all or any of the divisions of an Area; . (vii.) Include in an Area or division any part of Queensland which is not included in any Area; (viii.) Include an abolished Area in a contiguous Area; (ix.) Constitute the whole or any part or parts of a Town, a Shire; (x.) Constitute the whole or any part or parts of a Shire, a Town; Notioe. (xi.) Alter the name of an Area. (2.) If it is made to appear to the Governor in Council that it is expedient to exercise any of the powers conferred by this section, the Minister shall publish a notice stating the intention of the Governor in Council to -exercise such power. Every such notice shall be published in the Gazette and in some newspaper. The last day on which such notice is published in the Gazette shall be deemed to be the day of the publication thereof. If within three months after the day of pUblication no sufficient cause is shown to the Governor in Council why' the power proposed to be exercised should not be exercised~ the Governor in Council may exercise such power. Cl88ses of A.reas. City. 10. Areas are of two classes, namely- (i.) Towns; (ii.) Shires: The Governor in Council may, by Proclamation, constitute a Town a City, and the same shall be and remain a City

1902. Local Authorities Act. 8367 PARTU.- AREAS. until the Governor in Council by Proclamation otherwise declares. The Areas of Brisbane, Rockhampton, and Townsville respectively are hereby declared to be Cities. 11. (1.) When- ! ! ~: i~! and (i.) An Area is abolished, and the whole of such of union. Area is included in another Area; or (ii.) Two or more Areas are abolished, and the whole of such Areas is constituted one Area; the assets and liabilities of the Area or Areas so abolished shall devolve upon the Area in which the Area or Areas so abolished has or have been included, or upon the newly constituted Area, as the case may be : Provided that, if the abolition of an Area and its inclusion in another or in a new Area are not provided for by the same Order in Council, the Minister may, after such abolition and until such inclusion, collect, get in, sell, and give valid conveyan<les of the assets of the abolished Area, and apply the moneys realised by such collection, getting in, and !'lale (after payment thereout of expenses) in discharge of the liabilities of the abolished Area. ( 2 . ) Wh en- Effect of division. (i.) An Area is divided into two or more Areas; or severance, &c. (ii.) A portion is severed from one Area and included in another Area; or (iii.) A portion is severed from one Area and is con- stituted an Area; or (iv.) An Area is constituteu by the union of portions of two or more Areas; or (v.) In any case, in consequence of the alteration of the boundaries of Areas, it becomes neces- sary so to do ; the Governor in Council may, by Order in Council, declare and apportion the assets and liabilities of the respective Local Authorities, whether old or new, between them as appears to him just. In any of the cases in this subsection mentioned, if any of th~ Local Authorities affected is indebted to the Treasurer in respect of moneys advanced to it by way of loan, the Governor in Council may declare and apportion the liabilities of the respective Local Authorities in respect of such loan, and may declare upon what portion or por- tions or upon what division or divisions of the Area of any of the Local Authorities any part of such loan shall, as

8368 LOCAL GOVERNMENT. PART II.- AREAS. Local Authoritif-s Act. 2 Enw. VII. No. 19, ------------ -------------- ~ ~ - ~ - ~ - - between the several portions or divisions of such Area, be chargeable, but sO' that the whDle Df the apportioned part of the loan shall, as between the LDcal Authority and the Treasurer, be chargoeable to the whole of the Ar·ea of the LDcal Authority. v Effect as to (3.) In any of the cases mentioned in the two last By-laws. preceding subsections, all By-laws in force in any Area or portion thereof abDlished or severed, as the case may be, at the time of the abDlitiDn or severance shall remain in force in the portion of the Area Df the new Local Authority which comprises such Area or pDrtion thereof until they are repealed 0'1' amended under this Act. Effect.asto (4.) When in cDnsequence of the alteration of the ; : ~ ~ tlon and boundarIes of an Area a portion which forms part of one Area becomes a new Area or portion of another Area, then- (i.) The valuation (if any) last in fDrce of the rateable land in the portion so affected shall cDntinue to' be in fDrce until a fresh valuation thereof has been made by the Local Authority of the new Area or the Area in which such portion is included; (ii.) All Rates (including interest thereon, if any), which have accrued due in respect of land situated within the pDrtion so affected, and which remain unpaid at the date of the altera- PART III.- CONSTITUTION tdiDuen, pDa - fyathhele,haonudndlaerviieasb, les, haanlld mbeayanbde rpeaml .d a t i o n ' AUOTFHOLORICTAIELS ; QUALIFICA- TION OF MEMBERS AND VOTERS; and received, levied, and recovered by the Local Awhult • ChhorsituychopfDtrhtI • eonnieswinAclrue d ae d o. r the Area in oU~ , ! ~ ~ : ' OM PART IIl.-CONSTITUTION OF LOCAL AUTHORITIES; Subdivision Const L itu - tion of QUALIFICATION OF MEMBERS AND VOTERS; OUSTER FROM 0 FFICE. Aufh~ ~ ~ ~ ies. Subdivision L- Constitution of Local Authorities. Towns. 12. (1.) Every Town shall be governed by a Council compDsed of not more than twelve members and nDt less than six members, as the Governor in Council frDm time to' time declares by Order in Council. If the Town is divided, three members shall in like manner be assigned to' each ward. If the Towri is not divided, the number of members shall be seven, nine, Dr eleven. The members of the Council of a Town shall be called Aldermen.

LOCAL GOVERNMENT. 8369 - - - - - - - - - - - - - - - - - - - - - - - - - PART III.- 1902 •• Local Authorities Act. CONSTITUTION OF LOOAL - - - - - - - - - - - - - -------- --------------- - - ------------- ------- AUTHORITIES' (2.) Every Shire shall be governed by a Council Q~ ~ ~ ~ ~ ~ A- ' composed of not more than nine members and not less than MEvg~ ; : S~ ND ~ ve members, as the 00vernor. in Council from time to oUo; : '~ ~ ~: ' OM tIme declares by Order m CouncIl. Subdivision If tbe Shire is divided, the number of members shall G I.- in like manner from time to time be assigned to each ~ 1;S2~~ ~ ~on division. The number so assigned shall not be more than s ~uthOr'ltte8. tbree for anv division, and need not be the same for each Illres. division. v If the Shire is not divided, the number of members shall be five, seven, or nine. The members of the Council of a Shire shall be called Councillors. 13. Every Local Authority and every ,Joint Local Corporation. Authority shall be a body corporate, with perpetual succession and a common seal, and shall, under the name for the time being assigned to it, be capable in law of suing and being sued, and of purchasing, holding, and alienating land, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. Subdivision II.- Subdivision II.-Qualijication of Members. ~ l' ~ t: : .~ 14. Every male person of the age of twenty-one Q,llalifieation years who is a natural-born or naturalised subject of His of member. Majesty, and who is a ratepayer of an Area, and is not under any of the disabilities hereinafter specified, shall be qualified to be elected or appointed and to act as a member of the Local Authority of such Area, but so long only as be continues to hold such qualification: Provided that any male person of the age aforesaid who is a natural-born or naturalised subject of His Majesty, and is an occupier or owner of rateable land within an Area, and is not under any of the disabilities hereinafter specified, shall be qualified to be elected or appointed and to act as a member of the first Local Authority of such Area. When an Area is divided it is not necessary that the qualification should arise in respect of land within the division for which the member is elected or appointed. 15. No person who- l?isqualifica- (i.) Is concerned or participates in the profit of any tlOns. contract with the Local Authority; or (ii.) Has his affairs under liquidation by arrangement with bis creditors; or is an unccrtificated or undischarged insolvent; or

83'70 LOCAL GOVERNMENT. PART Ill.- CONSTITUTION OF LoOAL Local Authorlties Act. 2 EDw. VII. No. 19, AUTHORITIES; - - - -. .- - - - - - - - - - - - - - - - - - - - - QUALIFIOA- TION OF MEMBERS AND VOTERS; (iii.) Is undergoing a sentence of imprisonment, whether or not the execut.ion of such sentence OUSTERFBOM OFFICE. Subdivision II.- Qualification of Members. has been suspended under section six hundred and fifty-six of " The Oriminal Oode "*; or (iv.) Is an insane person within the meaning of the laws in force for the time being relating to insanity; shall be capable of being or continuing a member: Certain acts Provided that nothing herein shall disqualify any innoctatpoacitate person from being or continuing a membcr solely because for he is concerned or participates in a transaction with the membership. Local Authority in respect of- (a) A lease, sale, or purchase of lands; or an agreement for such lease, sale, or purchase; or (h) An agreement for the loan of money, or any security for the payment of money; or (c) A contract entered into by an incorporated company for the general benefit of such company; or (d) A contract for the pUblication of advertise- ments in a public journal. When office 16. (1.) The office of a Chairman or member of a is vacant. Local Authority shall be vacated- (L) If. he is or has become disqualified, or has ceased to be qualified, under the provisions of this Act; or (ii.) If, without leave obtainf;ld from the Local Authority in that behalf, he has, in the case of a Shire, been absent from three or more consecutive ordinary meetings extending over a period of three months at the least, or, in the case of a Town, been absent from four or more consecutive ordinary meetings; or (iii.) If he is ousted from his office by the Supreme Court: Non- Provided that the non-attendance of a member at : : : ~ ~ ~ ~ : t the time and place appointed 'for an ordinary meeting unless shall not be deemed to constitute absence from such : ~ ~~N~ held. meeting unless a meeting of the Local Authority at which a quorum is present is actually held on that day; Attendance Provided further that the attendance of a member at amteleatpinsge.d the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting, notwithstanding that by reason that no quorum • 63 Vic. No. 9, Soh. I., ltUpra, page 6829.

LOCAL GOVERNMENT. 8371 PART IH.- 1902. Local Authorities Act. CONSTITUTION OF LOCAL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ AUTHORITIES; • • • . QUALIFICA- IS present no meetmg 1S actually held on that day; and TION OF the clerk shall enter in the minute-book the names of MEV~ : : : S ,:ND all members who so attend. ouO: : r~ : . bM (2.) If a Chairman or member before he is capable of Subdivision acting as such, or after his office has become vacated, acts Qua{ ~ ;' tion or continues to act as Chairman or member, knowing o! Me~ tbers. that he is not capable , or that his office has become D p l e s rs q o u n ah a f c i t e m ~ g. vacated, he shall be liable to a penalty not exceeding fifty pounds. S U bd w ' t . s . wn IIL . - R e t' u'emen t s an d 7 r ac 7 anm ' es. Su I b I di I v . is - ion 17 . A t t h e conc 1 US · lOn 0 f' t h e annua 1 e 1 ectl . On . In every anRdetViraecmaneenitess. year a certain number of members shall go out of office Part of Local b. y rotatI.on, and such number sha 11 be determl. ned as rAeutitrheority to follows :- annually. In the case of a divided Area, one member in each division shall go out. In the case of an Area which is not divided- (i.) If the number of members is a multiple of three, one third part of the members shall go out; (ii.) If the number of members is five, two members shall go out; (iii.) If the number of members is seven or eight, three members shall go out; (iv.) If the number of members is ten or eleven, four members shall go out; and in every case the members who shall so go out shall (except as hereinafter provided) be the members who have been longest in office without re-election. If by reason of two or more members having become members at the same time it is not apparent under the foregoing part of this section which of such members ought at any time to go out of office, the member or members who has or have attended the meetings of the Local Authority the least number of times in the preceding year shall go out, or if any such members have attended an equal number of times, then the member or members who, at his or their election, received the least number of votes shall go out, and if they received the same number of votes, or if any of them was elected without a poll being taken, then it shall be decided by lot which of them shall go out. 18. A Chairman or member may resign his office by Resignations. writing under his hand, addressed to the clerk, and such

8372 LOCAL GOVERNMENT. PART IlI.- CONSTITUTION OF LOCAL Loral Authorities Act 2 Enw. VII. No. 19, AUTHORITIES; - - - - - - - - - - - - - - - - - - - - - - - - - - - Q~ t, ~ F~ ~ A- l'esignation shall be complete and shall take effect from MV~ ~ ~ ~ ND the time when it is received by the clerk. OuSTERFROM OFFICE. 19. In case of a vacancy arising from any cause su~ 1~ v~ on except annu}),l retirement as hereinbefore provided, the Retir~ en~ 8 member elected or appointed to fill such vacancy shall be ; : ! : a~ canc~ e8. deemed to have been elected or appointed at the same time ordinary and to have received the same number of votes as the last vacancies. occupant of the office who was elected or appointed other- wise than to fill an extraordinary vacancy. When : ~ : ~ ers to 20. Except as herein provided, every member going out of office at the conclusion of an annual election shall retain his office until the members elected at such election are declared duly elected, and shall thereupon, unless he is one of such members, go out of office. But whenever at an annual election a poll has become unnecessary in respect of any candidate, and the Return- ing Officer has duly declared him to be elected, he shall forthwith be entitled to act as a member, and any other previous occupant of the office, which he has been elected to fill, shall forthwith go out of office. Members may 21. Nothing herein contained shall prevent any person be re-elected . from be' mg l.IDmed l ' a te yi, orta any tl' me, re-e I ect ed t 0 the office of Ohairman or member, if he is capable for the time being, under this Act, of being and continuing such Ohair- man or member. New elections 22. When a change is made in the number of mem- nounmchbaenrgoefin bers, or a change is made in the boundaries of an Area or members or division, the Governor in Oouncil may by Order in Oouncil boundaries. declare and direct whether a new election of a member or members shall be held for the Area m' any division thereof, and, if so, when such election shall be held, and whether any and which of the existing members shall go out of Subdivision office, and at what time. IV.- Ous O te ff r ic f e r . om Subdivision IJT.-Ouster fro'fJ'b Office. Disputed elections or 23. (1.) When any 'person declared elected to the exercise of office of member has been elected unduly or contrary to office. this Act, or any person who is incapable under this Act of holding or continuing to hold any such office, has been elected to or holds or exercises any such office, the Supreme Oourt, or a Judge thereof, may, upon the application of any five ratepayers of the Area, grant an order calling upon such person to show cause why he should not be ousted from ,such office:

LOOAL GOVERNMENT. 8373 - - - - - - - - - - - - - - - - - - - - PARTIII.- 1902. Local Authorities Act. CONSTITl'TION OF LOOAL --------------------------AUTHORITIES; • • • QUALIFICA' ProvIded that the applIcants shall before makmg the TION OF application pay into Court the sum of twenty pounds as M~ ~; ; :S~ ND security for costs , to abide the Iwent of the application. OUOSFTFEIRCFER.OM (2.) If, upon the return of the order, it appears to the Su~ w. v~ ion eCxoeurCrt . lso . mr gJusdugceh 0 th ff a i cte, thweaspeelrescotnedsouenldeuctleyd, oorr choonltdrianrgy otor OusOteffricfer.om. this Act, or was at the time of his election, or while holding or exercising such office, incapable under this Act of hold- ing or continuing to hold the same, the Court or Judge may make the order absolute, or, if the matter does not so appear, may discharge the order, and in either case with or without costs. The person against whom any such order is made absolute shall be deemed thereby to be ousted from such office accordingly. (3.) No such order for ousting any person as having been elected unduly or contrary to this Act shall be granted unless the application is made before the expiration of four months from the declaration of the result of the election at which such person was elected. (4.) When any proceedings in pursuance of this section are pending in the Supreme Court, the Court or a Judge may order, from time to time, that an inquiry be held by a fit person, to be named by the Court or Judge, touching any matters of fact which it is necessary or expedient to ascertain for the purpose of dealing with the proceedings so pending, and that such person do report to the Court or Judge touching such matters. And the Court or Judge. may adopt and act upon the report of the person so appointed. (5.) Sections fifty-three to fifty-seven inclusive of the "Evidence and Discovery Act of 1807,"* so far as the same respectively apply to the powers, rights, and liabilities con- ferred or imposed in the case of an order for the issue of a commission for the examination of witnesses under section fifty-three of that Act, shall be deemed to apply in the case of any inquiry in pursuance of this section in like manner as if the person ordered to report under it had been authorised and required to take examinations under that Act, and such person may call. upon the clerk to produce the ballot-papers used at the election, and may inspect them. "" 31 Vie. No. 13, supra, page 707. K

8374 LOCAL GOVERNMENT. PART IlI.- CONSTITUTION OF LOOAL Local Authoritifs Act. 2 EDW. VII. No. 19, _AUTHORITIES; - - - - - - - ,---------------_._-. QUALIFICA- ME:[ ~: R~FAND Subdivision V. - Qualification of Votm-s. O! ~ ~! r:R~M 24. 'rhe following shall be the qualification of voters OFFICE. at elections of members :- Subdivision V.- (1.) Save as hereinafter mentioned, every person, QoufalVifoitceartsi.on whether male or female, of the age of twenty-one years, Voters. who is a natural born or naturalised subject of His Majesty, and whose name appears in the Rate-Book as of the occupier or owner of rateable land within the Area, shall be entitled to vote in respect of such land, and each such person shall be entitled to the number of votes fol- lowing, that is to say-' - If the land, whether consisting of one or more tenements, is liable to be rated upon a value of less than five hundred pounds, he shall have one vote; If such value amounts to or exceeds five hundred pounds but is less than one thousand pounds, he shall have two votes; If such value amounts to or exceeds one thousand pounds, he shall have three votes: Time limited. (2.) Provided that no person shall be entitled to vote at the annual election of members of the Oouncil of a Town in the month of }-'ebruary, unless on or before the first day of December previously, or at any election of a member of the Oouncil of a Shire unless fourteen clear days before the day of nomination all sums then due to the Local Authority in respect of Rates (including interest thereon, if any), for the payment of which he is liable, have been paid. Voting when (3.) When an Area is divided, every person entitled divided. to vote shall be so entitled for every division wherein any rateable land in respect of which he is so entitled is situated. Joint (4.) When more persons than one are occupiers or occupiers and owners of the same rateable land, each of such persons owners. shall be deemed to be the occupier or owner of land of a value equal to that of the whole of such land divided by the number of such occupiers or owners not exceeding three. In case more than three persons are occupiers or owners of the same rateable land, the persons to be deemed occupiers or owners for the purpose of voting shall be those three whose names stand first in order in the Rate- Book in use, or,. if no Rate-Book has been made, upon the valuation and return made as hereinafter prescribed.

LOCAL GOVERNMENT. 8375 PART III.-;- 1902. Local Authorities Act. CONSTITUTION OF LOOAL - - - - - - - - - - - - - - - - - - - - - - - - - AUTHORITIES; ( 5. ) When a corpora t· Ion o · r Jo . mt stock company I . S QUTIAOLNIFOIOFA- the occupier or owner of rateable land, the secretary, local ME~ ~ :: ! s~ N~ dmiraencatgoerrs, ) 0 c f hat h iremacnor, poorrat . Idoinreo . crtoJros . m(tnosttoce k xcceoemdpinagny tmhraeye, O S U u O , S /; FT d FE iv IRO iB FER io . O o M' at the reque • st of the corporation or J·oint s • tock company, Q ua lV l, ,i c /i· a ..,- u t. m , be entered m the Rate-Book as the occupIer or owner or ofVoterB. occupiers or owners of the land; and such secretary, local C t';' manager, chaI.rman, or d· Irect ors ( not exceed·Ing three'9.nodrpJooriantIOns ddeireemcteodrs)toshbaell tthhe('\ reoucpcounp, I·eforr otrheowpunreprosoer oOfCvCoUtpi.nIegrs, boer sctoomckparn. es. owners of the land instead of the corporation or joint stock company. (0.) No person, notwithstanding that he is qualified More tha'.' in respect of more than one of the qualifications herein ~:lificajjon mentioned, shall be allowed to give more than three votes at any election for an Area or division, as the case may be.. (7.) The owner and occupier shall not both be entitled Eithe~ to vote in respect to the same land. When the Rates ~ ~ :! l:' ; have been paid by the occupier he shall be entitled to vote vote. ;and not the owner; but if the Rates have not been paid by the occupier within thirty days after ,demand made as hereinafter prescribed and the owner pays the same, the owner shall be entitled to vote: Provided that, this subsection shall not affect the right of the ,owner to vote in cases where his right to vote is expressly declared by this Act. 25. (1.) At any election held in an Ar-ea before a Voter~ before va1uatI·on has been made therem. , a11 persons wh 0 are mvaaludaetIOn occupiers or owners of rateable land within the Area shall be entitled to vote, and each such person shall have ( , m~ vote. (2.) At any election held in a new Area whioh ,consists in whole or in part of' land which immediately before the censtitution of the Area was comprised in .another Area or other Areas, the persons whose names then appeared in the Rate-Books of such Area or Areas as ratepayers shall se entitled to vote, and each such person shall have as. many v?tes as he appears by, such Rate-Books to be entitled to gIve. ' Copies of such Rate-Books, or so much thereof as relates to rateable land within the new Area, or any division thereof, shall be supplied by the clerk or clerks having the custody of them to the Rethrn,ing 'Officer .appointed to act at any such election.

8376 LOCAL GOVERNMENT. PART IlI.- CONSTITUTION OF LOCAL Local Authorities Act. 2 Enw. VII. No. 19, AUTHORITIES; - - - - - - - - -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ QUALIFW,\- TION OF 26 • The ChaI- rman sha11 from tI.me to tI.me cause t 0 MV~ : : : S~ ND be made out a list, to be called the Ratepayers' List, in OUSTERFROM the following form·- OFFICE. • Subdivision Ratepayers' List for the Town [or City or Shire] of [or for v.- the Ward of the Town (or City) or division of the Q: o u f a V lif o i t c e a r t s i . on Shire of 1 - made in the year 19 . Ratepayers' List to be kept. Surnames in I p aBl e a o p r op w h s o op o a n f ke n b e o a s oe r r c s ft w c iit o cn u h ha f p o etl r i s h e a o e Ae r t r s n e rdRe a a o eaa b m r rt l e aeo e ~ s- f nam Cp e he s rrsi o so f tnias s . a n me oc T c r u a p d a e tI ? O f n. D o s f e i sr t la u ca an rt a n ie d t d p i a o t . bi n olen Wo o hc w ce n ut e hp r eier o r r a. s ~ ISh V h ~ e : l l ~ ra u h ab e t l ee a ad n tt. o d 1 I' N irsav u weto m enthpet b iisac e tylht r eoe o dr. t land. -----1-----1----1 ---1----1----'--- i I (Signed) A.B., Chairman•. The Chairman shall, when and so often as the Rate- Book of the Area is amended, cause the Ratepayers' List to be amended so &s to conform in all respects to the Rate-Book. Such list shall be kept at the office of the Local Authority, and shall be open to inspection. When the Area is divided a separate Ratepayers' List shall he made out for each division. Voters' Roll. 27 ~ (1.) In the case of a Town, on or before the seventh day of January in each year the Returning Officer shall cause to be prepared from the Rate-Book a correct alphabetical roll, hereinafter called the V oters~ Roll, showing the names, numbered in regular arithmetical order, of all the voters entitled to vote at elections in the Area or ward, as the case may be, together with the number of votes which each voter is entitled to give. When and so often as the Rate-Book is amended, the clerk shall furnish to the Returning Officer a true copy of all such amendments, certified under his hand to be a true copy, and the Returning Officer shall; in the preparation of the Voters' Roll, be .guided thereby, or, if the Voters' Roll is then prepared, shall forthwith from time to time cause the Voters' Roll to be amended so as to conform in all respects to the Rate Book. (2.) In the case of a Shire, within seven clear days before the day of nomination for any election the Returning Officer shall cause a like Voters' Roll to be prepared.

LOCAL GOVERNMENT. 8377 - - - - - - - - - - - - - - - - - - - - - - - - - - PART III.- 1902. Local Authorities Act. OONSTITUTION OF LOOAL - - - - - - - - - - - - - - - - - - - - - - - - - - - AU~ ' HORITIES; • • , QUALIFICA- (3.) The Returmng Officer shall delIver the Voters TION OF Roll to the clerk , who shall forthwith cause the same to ME V M O BE T R E H RH ~ , ND be printed or written in ~ :roll or book, and shall furnish oU~ ~ ~ ~ ( ~ E~ OM COPieS to any person reqUlrmg them on the payment of a Sulidivision sum not exceeding one shilling for everv copy thereof. l '-" Q ua, l ~ ~ / : w : a - t ' ~on (4.) The Voters' Roll shall be in the following of Voters. form:- Voter;.' Roll for the Town [or City or Shire] of [or for the Ward of the Town (or City) or divi~ion of the Shire of ] ... _-- .. - - - - . - - - ~ Xumber. suYrontaemr' se. Ch V n o ra ~ 'm e s ~ te ' lR s .n 1 a V d o d t r e e r s ' s s . ----I - 1- : I --1 Trade or D e~ C " Tlpt. lOn I j W e h e th r as I-Nvuomtebse t r o or occupation.Iand sItuatIon of ow~ er. or which voter rateable land. occupIer. is entitled. I. Dated the day of (Signed) 19 . RF., Returning Officer. PART IV.-ELEOTION OF MEMBEHS. PART IV.- ELECTION OF MEMBERS. 28. (1.) In every Area an annual election of members Alnn~ al shall be held. e ectIOns. In a Town the annual election shall be held on such day of the first seven days of Fehruary in every year as the Returning Officer appoints. In a Shire the annual election shall be held at the time appointed by the Returning Officer. (2.) The rules, forms, and directions contained in Rule~ ft8 to the 'rhird Schedule to this Act shall, as to all matters to ;~ e;! ~ ~~ : . Ill. which they extend, regulate the proceedings in relation to elections held in pursuance of this Act. 29. (1.) The first Council of a newly constituted !first election Town shall be elected. III Town. The election shall be held on such day within three months after the date of the Order in Council constituting the Town as the Governor in Council by the Order appoints. At such first election of members the whole number of members assigned to the Town shall be elected. (2.) Except as hereinafter provided, the first Council Ap~ ointI~ tent of a newly constituted Shire shall be appointed by the ~ t~ ; ~ : ~ l~ ~ : t Governor in Council within sixty days after the date of elections.

8378 PARTlY.- ELECTION OF MEM1lER~ . LOCAL GOVERNMENT. Local ~ luthoritie. , Act. 2 EDw. VII. :'\0. 19. the Order constituting the Shire, and the first election of members shall take place in the year then next ensuing. At such first election the whole number of members assigned to the Shire shall be elected, and at the conclusion of the election all the members of the first Council shall go out of office: First Oouneil Provided that by the Order constituting the Shire,. ~ : ! t: ' ~ or by another Order published within sixty days after the date of the firstmentioned Order, the Governor in Council may direct that the first Council shall be elected, and at a time and place appointed by him, and may also appoint a· Returning Officer to conduct the election. In every such case the Minister shall forthwith notify in the Gazette and in some newspaper the time and plac"e at which the election is so appointed to be held and the name of the Returning Officer. . At such election the whole number of members assigned to the Shire shall be elected. Return of members at annual election. 30. At the annual election, except in those cases for which other express provision is made, members shall be elected equal in number to the members who are to go out of office at the conclusion of such election as herein- before provided. In the case of a divided Area one member shall be elected for each division. Extraordi- 31. (1.) When any vacancy arises III a Local nary vacancy. Authority from any cause except annual retirement, a separate election shall be held to fill such vacancy. Such election may be held on the same day as an election to fill any other vacancy in the Local Authority or in the representation of the same division. (2.) In a Town the election shall· be held on such day, being not less than twenty and not more than twenty- fiye clear days after the occurrence of such vacancy, as the Returning Officer appoints, and in default of such appointment on the twenty-first day a,fter the occurrence of such vacancy. (3.) In a Shire the election shall be held at the time appointed by the Returning Officer. (4.) Provided that if an extraordinary vacancy occurs in the case of a Town within a month, or in the case of a Shire within three months, before an annual election, and the previous occupant of the office would, if his office had not so become vacant, have gone out of office at such annual election, or was one of several persons who might

1902. LOCAL GOVERN "lENT. Local Authorities Act. 8379 PAnT TV.- ELECTION OF MEMBERS. have gone out of office by rotation at such election, such extraordinary vacancy shall not be filled up, and the previous occupant of such office shall be taken to be one of the members going out of office at such election. PART V. - CHAIH~ IAN. PART V.- CHAIRMAN, 32. (1.) A . t the first meetinO I:) ' of the Local Authoritv • C El h e a ~ I t r i m on an of of a newly constituted Area,. or at some adjournment . thereof, and thereatter at the first meeting of the Local Authority after the conclusion of every annual election of members, or at some adjournment thereof, the members present shall choose one of the members to be Chairman, who shall, except as hereinafter provided, hold office until the conclusion of the next annual election of m~mbers. (3.) At every meeting for the election of a Chairman the clerk shall preside, and shall have and may exercise all the powers and authorities of the Chairman other than the right to vote. (3.) If the Chairman resigns his office as Chairman or member, or his office otherwise becomes vacated, the Local Authority shall elect a member to be Chairman in his stead, who shall hold office until the period aforesaid. '1'he vacancy shall be filled at a special meeting of the Local Authority, to be called by the clerk forthwith. (4.) If the Chairman is not one of the members going out of office at the next annual election, he shall hold office until the day appointed for holding the first meeting of the Local Authority after that election. If the Chairman is one of the members going out of office at such election, the Local Authority may appoint a member, who is not one of the members then going out of office, to act as Chairman during the interval that elapses between the conclusion of such election and the day appointed for holding the first meeting of the Local Authority after that election. (5.) The Chairman in the case of a Town or City shall Mayor. be called" The Mayor." 33. If, after the expiration of fourteen days from Appoin.tment the time appointed for the election of a Chairman, no?f n~ ~ : = an Chairman is elected, the Governor in Council may appoint elected. one of the members to be Chairman: Provided that before the expiration of such time, on the request, in writing, under their hands, of an absolute majority of the members so to do, the Governor in Council may appoint one of the members to be Chairman.

8380 PAm'V.- CHAIRMAN. LOCAL GOVERNMENT. Local Authorities Act. 2 Enw. VII. No. 19, Chairman's duty. Deputy· Chairman. 34. The Chairman shall preside at every meeting of the Local Authority at which he is present, and if he is absent another member shall be elected at the meeting to be Chairman during the absence of the Chairman from the meeting. 35. If the Chairman is at any time temporarily absent from the Area, or if he is ill, the Local Authority may, if it thinks fit, appoint one of its members to act as deputy-Chairman during the time of such absence or illness, and the deputy-Chairman, while so acting, and until the Chairman returns to the Area or notifies the clerk in writing under his hand of the fact of his recovery from illness (but within the term of office of such Chairman), may do all acts that the Chairman, as such, might do. Allowance to 36. The Local Authority may grant an allowance to Chairman. the Chairman from the Local Fund. PART VI.- PROCEEDINGS. Subdivision I.- Meetings. PART VI.-PROCEEDINGS. Subdivision I.-Meetings. First meeting. 37. (1.) 'rhe Council of every newly constituted Town shall hold its first meeting at some convenient place within the Area on the first W ednesdav after the first election of members, or as soon afterwards as conveniently may be, at the hour of twelve o'clock noon. (2.) The Council of every newly constituted Shire shall hold its first meeting at some convenient place within or near the Area on the second Wednesday after the first election of members, or after the notification in the Gazette of the appointment of the first members, as the case may be, or as soon afterwards as conveniently may be, at the hour of twelve o'clock noon. (3.) Thereafter in every Town on the third day after the conclusion of every annual election, or on such other day as may be appointed by the By-laws, and in every Shire on such day as may he appointed by the By-laws, the Local Authority shall hold a meeting at the hour of twelve o'clock noon. Meetings of Local Authority. 38. 'rhe Local Authority shall have power to fix by By-laws or otherwise the times at which meetings shall be held: Provided that the Council of a Town shall meet at least once in each month, and of a Shire at least once in each quarter.

LOCA L GOVERNMEKT 8381 PART VI.- 1902. Local Authorities Act. PROCEEDINGS. Subdivision I.- Every meeting other than a meeting of the Local Meetings. Authority sitting in a Committee of the Whole shall be -open to the public. 39. (1.) No business shall be transacted at any meet- Q,u?rum ing unless a majority of the whole number of members for votmg. the time being assigned to the Area are present when such business is transacted. All powers vested in the Local Authority may be exercised by the majority of the members present at any meeting duly held, and all questions shall be decided by a majority and by open voting. Upon every question the Chairman shall have a vote, Cha~ rman' s and if the numbers are equally divided he shall have a castmg vote. second or casting vote. At all meetings, save as by this Act is otherwise provided, all members present shall vote. If a member refuses to vote, his vote shall be counted for the negative. (2.) No member shall vote or take part in debate Voting as Wl· th respect to any matter·In W I H · C h he i ta d S · lrectly or imnetemrebsetredw. he. ' n. indirectly, by himself or his partners, any pecuniary interest. Every member who knowingly offends against the provisions of this subsection shall be liable to a penalty not exceeding fifty. pounds. 40. The members present at a meeting may, from Adjour';lment t I · me to t· Ime, a d J · ourn t 1 le mee t· mg. . of rneetmg. If a quorum is not present within half an hour after the time appointed for a meeting, the members present, or the majority of them, or anyone member, if only one is present, or the clerk, if no member is present, may adjourn such meeting to any time not later than fourteen days from the date of such adjournment: Provided that nothing herein shall be construed to prevent the adjournment of any meeting to a later hour of the same day on which such meeting was appointed to be held. 41, All notices of any meeting, or adjourned meeting, Noti~ es of of the Local Authority (other than of a meeting adjourned meetmgs. to a later hour of the same day on which such meeting was held or w·as appointed to be held, or to the day or second day following the day on which such meeting was held) shall be in writing, and shall be delivered, or sent by post or otherwise, to the usual place of business (if any) within

S382 LOCAL GOVERN~ lEXT. PART VI.- PRO(JEEIJlN('~ . Local Altlhoritips Act. 2 EDW. VII. No. 19, Subd·ivision I.- Meetiltll' ~ ' the Area, or to the phce of abode, of each of the members two days at least previous to the meeting. Every such notice shall specily the time of meeting, and, in case of a special meeting, shall specify the object thereof. No business shall be transacted at any special meeting except such as is stated in the notice thereof. Resolutions, how revoked 42. A resolution of the Local Authority shall not be 01' altered. revoked or altered unless notice of the intention to propose such revocation or alteration is given to each of the mem~ bel'S, in the case of a Town seven days, and in the. case of a Shire ,fourteen days, at the least before holding the meeting at which the revocation or alteration is to be proposed. If the number of members present at. that meeting is not greater than the numher present when the resolution was adopted, the resolution shall not be revoked or altered, unless the revocation or alteration is determined upon by an absolute majority of all the members. GiCnlotJevurenvreeninloe m r. i a n y suspe 4 n 3 d . , a(m1.e)ndT, hoe r Greosvceinrndo, raniny rCesooulnuctiilonmaoyr oartdearnyoftitmhee Local Authority, or may prohibit the expenditure of any moneys from the Local Fund upon any work which he deems unnecessary, or which will in his opinion impose undue burdens upon the ratepayers of the Area or any division thereof. Extravagant (2.) H, whether in pursuance of any resolution or l & tl C I . owances ' order of the Local Authority, or otlH~ rwise, any payment of monev has been made to any member out of the Local Fund or~ other moneys under "the control of the Local Authoritv which the Governor in Council considers un- necessary, extravagant, or illegal, the Minister shall order such member to repay such money to the Local Authority forthwith or within such time as the Minister allows. If such member does not repay such money in pur- suance of such order, the order may be made an order of the Supreme Court by filing a .copy thereof in the office of the Registrar of such Court, and may be enforced accordingly. S"bdivision ll.- Oommittee.,. Committ~ es and quorum. Subdivis·ion II.- Committees. 44. The Local Authority may, from time to time- (i.) Appoint out of its number .committees, either for general or special purposes; (ii.) Delegate to a {lommittee power to do any act or hold any inquiry; (iii.) Fix the quorum of a committee.

LOCAL GOVERNMENT. 8383 : - : - - - - - - - - - - - - - - - - - - - - - - - - - - , . - PART VI,- 1902. Local Authorities Aot. PROOEEDINGS. Subdivisioo 1I.- Every committee may, from time to time, appoint Oommittee8. one of its members to be chairman thereof. Every committee shall report to the Local Authority. A committee may meet from time to time, and may. adjourn from place to place, as it thinks proper, but no business shall be transacted at any meeting of the com- mittee unle~ s the quorum of members (if any), fixed by the Local Authority, and, if no quorum is -fixed, two members at the least, are present. • A t all meetings of a committee if the chairman is not present one of the members present shall be appointed chairman of such committee during' the absence of the chairman. All questions shall be determined by a majority of the votes of the members present, including the chair- man; and, if the numbers are equally divided. he sha,ll have a second or casting vote. Subdivision III.--Records. Subdivision lioI,;;i,. 45. (1.) The Local Authority shall cause entries ofMinute~ of all the proceedings of the Local Authority, and of every proceed~ ngs. committee appointed by the Local Authority, with the names of' the members present at each meeting, and the names of all members voting upon any question for· the decision of which a division is called, to be duly made, from time to time, in books to be provided for the purpose, which shall be kept by the clerk und~ r the superintendence of the Chairman. Every. such entry shall be signed by the chairman presiding at the meeting next succeeding the meeting at which such proceeding has taken place. (2.) Such books shall be open to inspection. ';1'0 be ~ pen tG Any person having the custody of any such book who InSpectlOn. fails to permit such inspection shall be liable to a penalty 110t exceeding five pounds. 46. (1.) The clerk shall be responsible for the safe Safe c~ st0t! custody of all books of account, agreements, re~ eipts, of boo s, . vouchers, and other books, papers, and' writings belonging to or relating to the business of the Local Authority; he shall make a record of the same in obedience to the direction of the Auditor-General, and shall not destroy or mutilate any of them without his sanction in writing previously obtained. (2,) Whenever any Rate Book, Valuation, Return, Loss or . Voters 'R 011, b00k 0faccoun, atgreement', recmpt,voucher, dreecSoRrdusc.tlon of or other paper or writing belonging to or relating to the

8:384 LOCAL GOVEHNMENT. PART VI.- PROCEEDINGS. Subdi.,ision Local Authorities Act. 2 EDW. vir. No. 19 III.- Rerords. business of a Local Authority is destroyed or lost, the Governor in Council may, by Order in Council, direct all such acts and things to be done as he thinks best for .repairing the loss, and may declare any copy of any such book, valuation, return, roll, agreement, receipt, voucher, or other paper or writing, to be valid and effectual for all purposes, and may, if necessary, define the time during which such copy shall remain in force. Subdivision IV.- Officers. &tbdivision I17. ~ Officers. Appointment of officers. 47. The Local Authority from time to time shall appoint a clerk, and may appoint an engineer, surveyor, poundkeeper, and such other officers as are necessary to assist in the execution of this Act, or any other Act whereby powers or duties are conferred or imposed upon the Local Authoritv. The Local Authority may pay to its officers, out of the Local Fund, such salaries and allowances as the Local Authority may determine. Seonfefctircuuersristtyed by any o 4 ff 8 ic . erWenitthruinstethdrbeye amLoonctahls Aaufttehrortihtyewaiptphothinetmcuesnttodoyf with moneys. or control of moneys by virtue of his office, the Local Authority shall take sufficient security from some associa- tion or joint stock company carrying on, in Queensland, the business of a guarantee society for the faithful execution of such office by such officer; and if upon' the expiration of that period such security has not been taken, the office of such officer shall forthwith be vacated. Suspension. 49. rrhe Chairman may at any time suspend from office any officer who, in his opinion, is guilty of miflconduct or neglect, and may, if necessary, temporarily appoint another officer in his place: Provided that, at the next meeting of the Local Authority after such suspension, the Chairman shall report the matter to the Local Authoritv; and if the officer so suspe~ ded is dismissed b~ ' the Lo~ al Authority, no salary or allowancf's shall be due or be paid to him from the date of his suspension. Every officer so temporarily appointed shall hold office and receive remuneration (which shall in no case exceed that paid to the officer so suspended) only until the Local Authority decides whether the person suspended shall be reinstated, or whether he shall be dismissed and a successor appointed in his stead.

LOCAL GOVERNMENT. 8385 PART VI.- 1902. Local Authorities Act. PROCEEDINGS. Subdivision lV.- 50. Every officer or servant employed by a Local Officers. A U th or·lty W h 0 exacts or accepts, on account 0 f anyth·lng O ex f a fi c c t e i r n s g or done by virtue of' his office or in relation to any mattersacceptingfees. to be done under this Act or any other Act whereby powers or duties are conferred or imposed upon the Local Authority, any fee or reward, other than the salary or allowance allowed by the Local Authority, or who is in anywise concerned or interested in any bargain or contract made by the Local Authority, shall be incapable of being afterwards employed by any Local Authority for a period of five years, and shall forfeit the sum of one hundred pounds. The I_oeal Authority, or any ratepayer, may sue for such sum by action in any court of competent jurisdiction. Any such sum of money recovered, atter payment to the plaintiff of the full costs of the action, including costs as between solicitor and client, shall be paid into the Local Fund. 51 • If any officer fails, when required by the LoCalfO~ I a . l c m er g s to AuthorIty so to do,- render ( 1 . . ) T 0 render accounts 0 f any moneys receI . ved b y t a o cc p o a u y uts or him for or on behalf of the Local Authority balance and and 0 f h I · S dea1 m · gs therew. lht; or dperolipveerrtyo.ver (ii.) To produce and deliver up the vouchers and receipts relating to the same in his possession or power; or (iii.) To pay the balance thereof when so required; or (iv.) '1'0 deliver up to the Local Authority or to any person appointed by it to receive the same, within five days after being so required, an papers and writings, property, matters, and things in his possession or power, relating to the execution of this Act or belonging to the Local Authority; any two Justices may upon complaint hear and determine the matter in a summary way, and may order such officer to render such accounts, or to deliver up such vouchers and receipts, or to pay over the balance owing by him, or to deliver up all such papers, writings, property, matters, and things, and to pay the costs of the proceedings. If such officer neglects or refuses to obey such order, he may, by any Justice, be committed to prison for any period not exceeding six months.

8386 LOCAl.. GOVERNMENT. PART VI.- PROCEEDING~ . Subdi11ision IV.- Officers. Officers answerable Local Authorities Act. 2 Enw. VII. No. 19, 52. If any officer haR- (i.) Misapplied or retained or become liable or for negligence and misfeasance. accountable for any moneys or property of the Local Authority; 01' (ii.) Has exacted or accepted, on account of anything done by virtue of his office or in relation to any matters to be done under this Act or any other Act whereby powers or duties are conferred or imposed upon the Local Authority, any lee or reward other than the salary or allowance allowed bv the Local Authoritv, or has been or is i~ anywise concerned or interested in any bargain or contract made by the Local Authority; or (iii.) Has been guilty of any neglect, breach of duty, or misfeasance in the discharge of his office or in relation to any matters to be done under this Act or such other Act as aforesaid; a District Court may, on the plaint of the Local Authority, inquire into the conduct of such officer, and may order him to repay any moneys or restore any property so misapplied or retained, or for which he has become 'liable or accountable, together with interest after such rate as the Court thinks just, and to pay such sum of money to the Local Authority by way of penalty or compensation as the Court thinks fit. Such inquiry shall for all purposes be deemed to be and have the effect of the trial of an action (including the right to a jury) within the meaning of "The District t GSaizc-t i t n e; Courts Act oft 18~ J1, " * or any Act amending or in "of" should substitution for the same. be omitted. A Oistrict Court shall have jurisdiction to hold and determine any such inquiry whether the amount, property, penalty, or compensation sought to be recovered does or does not exceed two hundred pounds or the value thereof. Proceedings may be taken 53. All proceedinO's under this Act ag'ainst an officer t) • . after officer may be had and taken and enforced agamst such officer has le~ t office, after he has ceased to hold his office. apnredjuWdiIctheotuot N 0 such proceedm' gs agaI.nst an 0 fficer sha 11 deprl. ve re~ edYt agams sureties. tWhI • eSeL h oacvael Aaguathm . osrtitaynoyfsuarneytyr.eomf esduychwohfifcicheri.t might other- AJopipnlticLaoticoanl to 54. The six last preceding sections of this Act shall. Authorities. apply to Joint Local Authorities in like manner and to the same extent as if the same were specifically mentioned therein. -- - - - - - - - - - - - - - - - - - - - - ~ ~ - ~ - - >It 55 Vie. No. 33, 8Up1'CI, page 4217.

LOCAL GOVERNM.ENT. 8387 1902. Local Authorities Avt. - - - - - - - - .. -- - - - - ~ ~ - - - - - - - - --- -- ~ -- - - ~ - - - -- - PART VII.-POWERS AND DUTIES. PART VII.- POWERS AND DUTIES. Subdivi8ion I.- Office. Subdivision I.-Office. 55. (1.) The Local Authority may from time to Public office. time provide and maintain, or contract for the use of, a public office within or in the case of a Shire at a reasonable distance beyond the Area, with proper fittings and furniture, for holding the meetings and transacting the business of the Local Authority, and for the use of its officers, and for other purposes. (2.) Upon a petition signed by at the least one-fourth I.ncomellient of'the total number of the ratepayers of the Area, showing site. that the present site of the office of' the Local Authority or that any proposed site for such office is or would be inconvenient for the general transaction of the business of the Local Authority, the Minister shall cause such inquiry to be made as he thinks necessary, and may, if he thinks fit, order such office to be removed to, or to be located at, some place designated in such order. And the Local Authority shall forthwith take the necessary steps to obey every such ordt:'r. Subdivision Subdivision II.-Oontracts. II.- Oontracts. 56. (1.) A Local Authority may enter into contracts, How and every such contract may be made, varied, or discharged contracts may as 1 .v 0 11oWS, t hat' IS to say- ibnetoe. ntered Ci.) Any contract which, if made between private persons, would by law be required to be in writing and under seal, may be made by the l.ocal Authority in writing and under its seal, and may be varied or discharged in the same manner; (ii.) Any contract which, if made between private persons, would by law be required to be in writing signed by the parties to be charged therewith, may be made in writing signed by the Chairman, or by any two members acting by the direction and on behalf of the Local Authority, and may be varied or discharged in the same manner; (iii.) Any contract which, if made between private persons, would by law be valid, although not reduced into writing, may be made without writing by the Chairman or by any two members acting by the direction and on behalf of the Local Authority, and may be varied or discharged in the same manner.

8388 LOCAL GOVERNMENT. PART VII.- ~ - ­ POWERS AND .DUTIES. Local Authorities Act. 2 Enw. VII. No. 19, Subdivision Il.- Contracts. (2.) All contracts made according to the provisions Such herein contained shall be effectual in law and shall be cboinndtrinagct.s binding on the Local Authority, and all other parties thereto, their successors, executors, or administrators, as the case may be; and in case of default in the execution of any such contract either by the Local Authority, or by any other party thereto, such actions may be maintained thereon and such damages and costs recovered by or against the Local Authority, or the other parties failing .in the execution thereof, as might have been maintained and recovered if the same contracts had been made between private persons only. Composition 57. A Local Authority may, for such sum of money foofr cbornetarcahcets, or other consideration as it thinks fit, compound with &c. any person who has entered into any contract with the Local Authority, or by or against whom any action or other proceeding may be or has been brought against or by the Local Authority, for any cause whatsoever other than proceedings for the recovery of any Rate. Notice calling 58. Except in cases of emergency, before any contract for proposals. for the execution of any work or the furnishing of any goods or materials to the amount of one hundred pounds' or upwards is entered into by a Local Authority, fourteen days' notice at the least shall be given in some newspaper expressing the purpose of such contract, and inviting any person willing to undertake the same to make proposals for that purpose to the Local Authority. The Local Authority may accept the proposal which on a view of all the circumstances appears to it to be most advantageous, and may take security for the due performance of every such contract, or the Local Authority may decline to accept any such proposal. Application to 59. The provisions of this Subdivision shall apply i~ ~ ~; i~~ : ;. to Joint Local Authorities in like manner and to the same extent as if the same were specifically mentioned therein. Subdivision IIl.- General Subdivision IIL-General Powers and Jurisdiction. Powers and Jurisdiction. 60. Save Ill'! hereinafter provided, the Local Authority Control, &c., shall be charged with the construction, maintenance, iopnut bAnlericecaew. ssoarrkys fmerarnieasg, emwheanrtv, easn, djecttoinestr,oalndof oathllerronaedcse,ssbarriydgpeusb, licculwveorrtkss, within the Area, and may from time to time open a new road, or divert any road, or alter or increase the width or cause to be raised or lowered the soil of any road, and

LOCAL GOVERNMENT. 8389 VII.- ~ - - -- --~ -- - - - -- - -- - - - - - - - - - - - - - - - rART 1902. Local Authorities Act. POWERS AND DUTIES. Subdivi8icm may construct. any bridge or culvert in or over any road, J{ ~ ; ; ' l and may, for such purpolS • es and for such t.ime as is neces- JP t o t v r : t e S dr 1 ~ .C ta t . o n n d . sary, close any road or brIdge: Provided that the Council of a Shire shall not be charged with t.he construction, maintenance, management, or control of any road, hridge, ferry, wharf, jetty, or other public work which the Governor in Council, by Proclama- tion, excepts from the jurisdiction of such Council. 61. The Local Authority may accept a gift, convey- Local. ance, or ~ ssignment of ~ ny real or personal property ~or ! ~ ~ h~ ~ % t. any charItable or publIc purpose not connected wIth gifts and religious worship, and hold the same upon such trusts or trulits. for such purposes as may be declared by the donor, and may accept any gift, conveyance, or assignment of real or personal property absolutely without any limitations of trust or otherwise, and may control, manage, and improve such real and personal property. f: 62. The Local Authority may from time to time ~ a~ f and take. purchase, erect, rent, contract for the use of, or p~ bf~ otherwise provide, either within the Area or, subject to purposes. this Act, at a reasonable distance therefrom, land and buildings to be used for or in connection with aqueducts, baths, bores, bridges, canals, cemeteries, crematories, dams, electrical works, experimental farms, ferries, fire stations, flood gates and flood warnings, fords, gas works, gravel and sand pits, gymnasiums, works for conservation of hydraulic and other power, jetties, landing places, libraries, locks, markets, museums, offices, parks, appli- ances for the destruction or prevention of pests, pounds, public meetings, public music, pumps, quays, quarries, recreation grounds, reservoirs, roads, rubbish depOts, sewage farms disposal works and depOts, septic tanks, slaughter-houses, sewers, viaducts, wash-houses, water- courses, waterworks, wharves, weighing-machines, weirs, wells, or other public purposes; and may provide the same respectively with all necessary works, appliances, machinery, furniture, fittings, conveniences, methods, and things, and control, and manage, and from time to time enlarge, renew, and repair the same, and afford the use thereof respectively to the inhabitants of the Area or any persons on such conditions, either without fee or charge or for such reasonable fees or charges as the Local Authority may by By-laws prescribe: L

H390 LOCAL GOVERNMENT. PART VII.- - - - POWEHS ANI, DUTIES. Local Authorities Act. 2 EDw. VII. No. 19, Subdit'ision III.- General But save as herein otherwise provided the Local JPuroiwsdericstaionnd. .A.uthority shall not exercise any of the powers hereby conferred bevond its Area without the consent of the Minister. • = ~ s~ : Area. 63: The Local Authority may from time to time approprIate such portion of the Local Fund as the Minister, with or without imposing conditions, may approve towards the construction or maintenance of any work outside the Area which is likely to conduce to the efficient construction or maintenance of any road, bridge, culvert, wharf, jetty, or other public work under the control of the Local Authority. ~ o~ : ~; et? ands .64: (1.) The Local Authority may, sub~ ect to "The and ereet Namgatwn Aat Of 1876,"* and anyAct amendmg the same, wharves, &0. from time to time take, purchase, rent, contract for the use of, or otherwise provide lands situated either within or outside but adjoining to or abutting upon the boundaries of the Area and forming any part of the shores, foreshores, or other water frontages thereof, and erect, build, and construct thereon wharves and jetties, with proper roads, , ways, sea walls, and approaches thereto, and waiting- rooms, sheds, conveniences, offices, and buildings, and from time to time repair, alter, add to, and improve the same; and also may take on lease, purchase, or acquire for any estate or interest, all or any wharves, or jetties, erected within or adjoining or near to the boundaries of the Area, and from time to time repair, alter, add to, and improve the same: Provided that before any such wharf or jetty is erected, built, or constructed by the Local Authority, a plan and specification thereof shall be submitted to and approved of by the Minister. Power ta let. (2.) The Local Au.thority may from time to time let and demise or otherwise grant or permit to any person the use or occupation of all or any of its wharves, or jetties, or any portion thereof, for such time, upon such terms, and subject to such conditions, stipulations, and agreements as the Local Authority may consider advisable. But no such lease, demise, grant, or permission shall, if such wharf or jetty is constructed on land which is the absolute property of the Local Authority, be for any term exceeding ten years nor if the same is constructed on land held by the Local Authority on lease, or for a limited *' 41 Vie. No. 3, supra, page 161'1.

8546 FOURTH SCHEDULE. LOCAL GOVERNMENT. Local Authorities Act. 2 Enw. VII. No. 19, Alterations. Distance from road. Tents. Demolition. Removal of unlawful buildings. Deposit of plans. APlllication of By·laws. Dispensing powers. Fees. (xxv.) Prohibiting buildings or structures which have been erected or constructed in accordance with the By-laws from being altered in such a way that if at first so erected or constructed they would have contra- vened the By-laws. (xxvi.) Requiring that when new buildings are erected, or any build- ings are rebuilt or re-erected, 01' are substantially rebuilt or re-erected, such buildings shall not stand within thirty-three feet from the middle line of any road or private road specified in the By-law; or requiring that any such new or other buildings on one side of a road or private road shall not stand within sixty-six feet from the opposite side line of the road or private road. (xxvii.) Regulating the erection of tents or other erections of a similar character. (xxviii.) Regulating and controlling the demolition of houses and other structures, and whether such houses or structures are or are not ruinous or unfit for habitation. (xxix.) Requiring the pulling down and removal of and authorising the Local Authorit.v to pull down and remove any building, structure, or work, or any part thereof erected or constructed contrary to any Act or By.law, or not pulled down or removed as required by any Act or By-law, and authorising the Local Authority to sell the materials and apply the proceeds in reimbursing the expenses of pulling down and removal, and any fees or penalties due by the owner thereof, and authorising the Local Authority to order the owner of such building, structure, or work to pay all expenses incurred by the Local Authority under any By-law. (xxx.) The deposit of plans and sections by persons intending to construct, alter, or rebuild buildings or structures, or any part thereof. (xxxi.) Any By-law under this Subdivision may be made to apply to the whole or ~ eparately to a part or parts of the Area described by boundaries in such By-law, and may provide, with respect to the several matters of prohibition, restraint, and regulation hereinbefore in this Sub- division mentioned, either absolutely or with relation to classes, rates, situations, distances, or other like data to be laid down or referred to in general terms therein, and with or without relation to a right of approval, disapproval, or inspection, to be vested in the Local Authority or some officer of the Local Authority. (xxxii.) The I~ ocal Authority may provide by any such By-law that in any case in which the Local Authority thinks expedient it may dispense with the observance of any By-law made under this Subdivision on such terms and conditions (if any) as it thinks proper. (xxxiii.) Appointing fees, not in any case exceeding the amounts hereunder specified for any inspection, superintendence, or other service made or performed under any By-law in this subdivision provided for. New Buildings. £ s. d. ~' or any building not exceeding thirty square feet in area and not exceeding ten feet in height ... ... ... ... l!'or every building not exceeding four hundred square feet in area and not more than two stories in height ... ... :I<'or every additional story .,. ... '" For every additional square or fraction of a square .. For every building not exceeding four hundred square feet in area and of one story only in height Provided that in the ca..'1e of public buildings, buildings constructed of concrete, and buildings divided into separate sets of chambera or tenements by party structures, the fees hereinbefore specified shall, in every case, be increased by one- 0 10 0 1 10 0 050 026 o 15 o half.

1902. LOCAL GOVERNMENT. Local Authorities Act. 8547 FOURTH SOHEDULE AddiUons, Alterations, or other Works. £ s. d. For every addition or alteration or other work to which the provIsions of this Act apply, made or done to or on any building after the roof thereof has been covered in-One- half of the fee charged in the case of a new building calculated upon the area of the whole building For inspecting the arches or fire-resisting floors over or under public ways 0 10 0 For inspecting the formation of openings in party walls, for each opening ... 0 10 0 For inspecting the closing of openings in party walls, for each opening 0 10 0 Provided that in the case of public buildings, buildings constructed of concrete, and buildings divided into separate sets of chambers or tenements by party structures, the fees hereinbefore specified shall, in every case, be increased by one- half. Ohimneys and Flues. On the construction of a furnace, chimney-shaft, or similar shaft for ventilation or other purposes, in addition to the fee for any other operation in progress at the same time, if. not exceeding seventy-five feet in height ... 200 If exceeding seventy-five and not exceeding OHe hundred feet in height 2 10 0 For every additional ten feet or portion of ten feet in height... .. 0 10 0 On the carrying of a flue from an oven, stove, steam-boiler, furnace, or close-fire into an old flue 0 10 0 On certifying that a chimney breast in a party wall may be cut away... 0 10 0 Oertifying Plans. For examining and certifying plans of an old building 220 Wooden and Temporary Structures. On inspection of any wooden structure, or on inspection of any structure or erection put up ou any public occasion, the same amount as for a new building calculated on the area of the structure or erection without reference to the area of any buildiug to which it may be attached, or in or on which it may be put up. Dangerous Structures. On each dangerous structure- Where there are not more than fOU1' adjoinin.q or neady contiguous structures in the same ownership- 1. ·For making a survey of the structure reported as dangerous and certifying opinion thereon- If the structure do not exceed four squares in area and two stories in height ... If exceeding four squares For every additional story above two 2. For each inspection of the structure and report as to com· pletion or progress of the works 3. For inspecting the structure before the hearing of the sum- mons and attending the court to give evidence- If one structure only If more than one structure, for each structure .:. 076 o lO 0 026 050 o 10 0 050

8548 FOURTH SCHEDULE. LOOAl.. GOVERNMENT. Local Authorities Act. 2 Enw. VII. No. 19, 4. For inspecting the structure before the hearing of the sum- mons against the occupier, the owner having failed, to comply, and attending the court to give evidence- If one structure only ... ... ... If more than one structure, for each structure £ s. d. 010 0 050 5. For every adjournment of the summons 050 6. For superintending the erection of shoring, including needling when requisite, and hoarding, whether done by the Local Authority or not, and for certifying the account for the same when done by the Local Authority ... o 10 0 7. For shoring without hoarding, or hoarding without shoring, and certifying the account ... 076 8. For supervision, including the report of the officer in cases where it is necessary for the Local Authority to execute works to ensure the safety of the public under an order made by a court 0 1} 0 Where there are more than four adjoining or nearly CO'lt- t~ quous structures in the same o·wnership- For Nos. 2, 3, and 4 in the above table ..• For No. 5 ... And for No. 8 0 4 0 0 26 0 4 0 For general services- i-. For preparation of notices, forms for same, and postage . ii. For service of notices, clerk's time ... iii. For travelling per mile, one way iv. For obtaining summonses and orders, clerk's time ... v. For cost of each summons or order ... 0 3 6 0 2 6 0 03 0 26 030 Where there are two or more adjoining or nearly cO'lttiguous structures inthe same ownership- For Nos. ii. and iv., above, each ... 0 2 0 The fees payable upon ten structures shall be the maxi- mum fees. Dilapidated and Neglected Buildings or Structures. 1. J;'or each inspection ·of the building or structure and report 0 5 0 2. For obtaining summons and order, clerk's time 026 3. For cost of each summons or order ... 020 4. For attendanee at a court to give evidence ... 050 5. For every adjournment 026 6. For supervision of works, including report of officer in cases where the magistrate's order is executed by the Local Authority 050 7. For travelling, per mile, one way 003 8. The cost of procuring local evidence to satisfy the magis- trate that the condition of the structure is prejudicial to the property or to the inhabitants of the neighbourhood is to be considered separately in each case. Where tltere are two or more adjoining or nearly con- tiguous structures in the same ownership- For Nos. 1, 4, or 6, above, each ... For Nos. 2 or 5, above, each The fees payable upon ten structures shall be the maximum fees. For travelling per mile, one way.•. o 3 o o 2 o 003

1902. LOCAL GOVERNMENT. Local Authorities Act. 8549 FOJRTH SCHEDULE. For Special Services. The fees payable by a builder to the Local Authority £ s. d. for :;.pecial service" of the surveyor shall be the following : - For superintending the construction of floors and partition walls to stables, per building 0 50 For superintending the construction of overhanging oriel windows, per buildin!r 0 50 For superintending the fixing of any oven, copper, steam-boiler, . or stove to ~ eused for trade purposes and not heated by gas 0 10 0 For superintending the fixing of pipes for conveying heated air or hot water or steam at high pressure, for each floor of a building on which pipes are fixed ... ... .., ... 0 10 0 For services relating to the erection of buildings on low-lying lands, per building 050 Rules as to Fees. (1.) The fees specified in respect of works to a party wall comprise the fees payable in respect of both sides of the wall. (2.) No fee shall be charged in respect of the fixing of a chimney pot. (3.) No fee shall be charged in respect of the repairing of a chimney top, unless the top has been pulled down to a greater extent than twelve inches. (4. ) No fee shall be charged in respect of the repairing of a parapet, unless the parapet shall have been pulled down to a greater extent than twelve inches. (5.) In calculating the area of every new building the area of all outbuildings not exceeding thirty feet in area, whether attached or not, shall be included, provided such outbuildings are erected at the same time as the main building. (6.) If any special service is required to be performed by the sur- veyor for which no fee is specified, the Local Authority may order such fee to be paid for that service as it thinks fit. 7.-BuSINESS. The transaction and management of the bMsiness or the Local Business Authority generally. generally. 8.-CA.MELS. (i.) Requiring every driver of camels within the Area to obtain a Licensing license from the Local Authority; prohibiting camels being dr·iven drivers. within the Area by any person other than a licensed driver; limiting the number of camels to be driven by each licensed driver. (ii.) Requiring the registration of every camel within the Area, and Registration providing for the seizure and sale of every unregistered camel. of camels. (iii.) Prohibiting, or regulating the driving of camels along any part Route. of a road or within twenty yards from the centre thereof. (iv.) Imposing a license fee not exceeding five shillings per annum Fees. on every licensed camel-driver, and a registration fee not exceeding ten shillings per annum for every registered camel. 9.-CEMETERIES. (i.) The establishment, maintenance, and management of any ceme- Management. tery under the control of the Local Authority. (ii.) The enclosure of lands comprised in the cemetery, and the Enclosure. erection of suitable gates and entrances. . (iii.) Laying out and ornamenting the cemetery, and embellishing Embellish- the same with walks, avenues, roads, trees, and shrubs. ment. w

8f'50 FOURTH SCHEDULE. LOCAL GOVERNMENT. Local Authorities Act. 2 Enw. VII. No. 19, Maintenance. (iv.) The preservation, maintenance, and keeping in order of the cemetery, its walls, rails, fences, palisades, gates and entrances, and all monuments, tombstones, vaults, graves, enclosures, buildings, erections, walks, avenue~ , roads, trees, and shrubberies therein, and the protection of the same from damage or destruction. Graves, &c. (v.) Regulating the position and construction of graves and vaults, the depth of graves, and construction of coffins to be admitted into vaults. Covering. (vi.) The covering of vaults and coffins so as to prevent any noxious exhalation or evaporation. Visitors. (vii.) The proper conduct of visitors to the cemetery and of the servants and workmen of the Local Authority and of all other persons employed in the cemetery. Fees. (viii.) The fees payable in respect of land for any vault or grave, the digging, making, or opening of any vault or grave, the erection of any mortuary chapel, monument, tombstone, or enclosure, the right of burial in any private grave, the fillin~ up, turfing, tiling, and keeping in order of graves or enclosures, and for any other necessary purpose, and the mode of recovering and enforcing payment of such fees. Interment (ix.) Prohibiting, or regulating the interment of the dead elsewhere elsewhere. than in cemeteries. lO.-CHIMNEY SWEEPS• . Licensing and regulating. (i.) Licensing and regulating chimney sweeps. Ta.riff. (ii.) :Fixing a tariff of the rates to be paid to licensed chimney sweeps. H.-CROSSINGS. Orossings. (i.) Imposing upon the owners and occupiers of premises abutting on a road or footway the duty of making and maintaining proper crossings for traffic across footways and channels. Use of crossings. (ii.) Prohibiting, or regulating the traffic of animals or vehicles upon, along, or across any footway or any water channel or gutter of any road excopt at some proper crossing. Injury to property. l2.-DAMAGE. Preventing injury to, or misuse of, bridges, ferries, buildings, wells, reservoirs, or other works, appliances, or things, the property of, or under the control of, the Local Authority. Dangerous goods. Decency. 13.-DANGEROUS GOODS. The carriage and storage of dangerous goods and explosives. Public decency. l4.-DECENCY. 15.-DELEGATION OF POWERS. Delegation of Granting or delegating to members or officers of the Local Authority powers. the power to sign, seal, or sign and seal, notices, orders, and agreements, the power to issue, sign, seal, renew, revoke, or cancel licenses, permits, authorities, or consents which the Local Authority is entitled to issue, sign, seal, renew, revoke, or cancel, the power to sign letters, receipts, and other documents, and to do or perform any act, deed, or thing necessary, ancillary, or incidental to the carrying out of the powers or duties of the Local Authority. Disorder. l6.-DISORDERLY CONDUCT. The prevention of disorderly conduct and the use of foul or abusive language in or upon any rC'ad, or land or place under the control of the Local Authority.

1!l02. LOCAL GOVERNMENT. Local Authorities Act. 8551 FOURTH ScHEDULE. 17.-DROVING. Prohibiting, or regulating the driving of animals upon any road or Droving. land under the control of the Local Authority, or any part of such road Dr land. IS.-ENCROACHMENTS. Preventing encroachment on any road or land undeJ;' the control of Encroaoh- the Local Authority by any building, or other structure. ment. 19.-FENCING. The enclosure of land where necessary for the public safety. Enclosure of land. 20.- FERRIES. (i.) Regulating ferries under the control of the Local Authority, Ferries. the right~ and duties of persons using the same, and the form, construc- tion, and loading of ferry boats. ' (ii.) Requiring ferrymen to obtain licenses from the Local Authority. Licensing ferrymen. (iii.) Licem.ing vessels plying at a ferry, and preventing unlicensed Licensing vel!!lsels trom so plying. vessels. (iv.) Fixing the fares and tolls to be charged for the carriage of passengers, animals, and goods on ferry boats and on such vessels. (v.) Prescribing the times of running and the route. (vi.) Regulating or prohibiting the establishment of ferries, or the Opposition to carrying on of the business of ferrymen by unlicensed persons, on any ferries. river, creek, or watercourse in the Area or at the boundary thereof within a reasonable distance from a ferry under the control of the Local Authority, except in the case of flood or fire or other urgent or unavoidable necessity. 21.-FLOOD WARNINGS. The erection, control, and maintenance of flood warnings. Flood warnings. 22.-FoR:M:S. Prescribing forms of and in connection with proceedings and Forms. matters. 23.-GAS, ETC. The supply and distribntion of gas, electricity, or hydraulic, or other Gas, &e. power, and the making, levying, and collection of rates payable therefor by consumers in cases where the works have been constructed or acquired by and are under the management and control of the Local Authority. 24.-HAND CARTS. Licensing, regulating, or restricting the use and management of Hand oart!. hand carts upon any road. 25.-HEAVY TRAFFIC. (i.) Regulating and if necessary restricting exceptional traffic on Exceptional roads, and prescribing payments in respect of such traffic, or requiring traffic. the issue of permits in respect of the same. (ii.) Regulating and· if necessary restricting the carrying on Timber, &c., vehicles upon any road of long, large, heavy, or projecting goods, or on vehiples. requiring the issue of permits in respect of the same. 26.-HoARDINGS. Compelling the use of hoardings, fences, lights, and other appliances Hoardings, for the prevention of accident or injury where works are in progress &c. in or upon any premises abutting on a road or land under the control of the Local Authority.

8552 FOURTH SCHEDULB. LOCAL GOVERNMENT. Local Authorities Act. 2 EDW. VII. No. 19, Horse- breaking. Lieensed gates. 2 7 . - H O R S E B R E A K I N G . Prohibiting or restricting the breaking-in of horses either by leading, riding, or driving in or upon any road or land under the control of the Local Authority. 28.-LICENSED GATES. In the case of Shires, prescribing fees to be charged per annum for licensed public gates, not exceeding two pounds for each gate upon a main thorlmghfare and not exceeding one pound for each gate upon a road other than a main thoroughfare. 29.-LICENSES, ETC. IJicenses, (i.) Regulating the mode of application for licenses, permits, and permits, registrations; the manner in which licenses, permits, and registrations arengdistrations. pshearmll ibtse, garnadntreedgiostrratrtiaonnssf.erred, and the duration and renewal of licenses, Conditions. (ii.) Prescribing any conditions on which any licenses, permits, and registration!! may be granted, transferred, suspended, or revoked by the Local Authority or the Chairman. Fees. (iii.) Prescribing fees for licenses, permits, and registrations, and for the renewal thereof. Lighting. Protecting lights. 30.-LHlHTING ROADS, ETC. (i.) The lighting of roads, public places, and lands under the control of the Local Authority with gas, electricity, or otherwise. (ii.) The protection of lights maintained by the Local Authority ID roads and public places and lands uader its control. Markets. Dues and charges. 3l.-MARKETS. (i.) The establillhment and regulation of markets and market. places and the approaches thereto and appurtenances thereof. (ii.) Imposing market dues and charges, and providing for the collection and recovery of the same. Meetings. 32.-MEETINGS OF LOCAL AUTIIORITY. The times for holding meetings of the Local Authority and com- mittees thereof, the summoning and adjournment of such meetings and the proceedings and preservation of order thereat. Meetings; music. 33.-MEETINGS ON ROADS, ETC. Prohibiting, or regulating by permit the holding of meetings, 0)' the use of musICal instruments, upon any road or land under the control of the Local Authority. Mining. 34.-MINING UNDER ROADS. Prohibiting mining for minerals other than gold under the surface of roads without the license of the Local Authority where any road IS likely to be injured by such mining. Namin~ and numbering. 35.-NAMING ROADS AND NUMllERING BUILDINGS. The naming of roads; the numbering of buildings; the marking of the names of roads aDd numbers of buildings upon walls or otherwise, and preventing their removal or effacement therefrom. Notiees. 36.-NoTICES. The giving and publication of notices. Noxious weeds. 37.-NoXIOUS WEEDS. Declaring any weed 01' plant to be l\ noxious weed or plant within the meaning of this Act.

1902. LOCAL GOVERNMENT. Local Authorities Act. 85iJ3 FOURTIi SCHEDULE. 38.-NuISANCES. (i.) Prohibiting expectoration upon footways and the casting or Nuisances. deposit of waste food 01' peelings of fruit or other vegetable substances, or of any offensive, noxious. or dangerous matter or thing on any road, footway, or land under the control of the Local Authority. (ii.) Compelling owners or occupiers to keep their premises free Cleansing. from offensive or unwholesome matters. 39.-0FFICERS. (i.) Regulating the appointment and removal and the powers and Officers. duties of clerks, inspectorR, engineers, surveyors, poundkeepers, and other officers and servants of the I,ocal Authority. (ii.) The pnnishment of persons falsely representing themseives to False be officers 01' servants of the Local Authority. representa- tions. 40.-0PENING UP ROADS. (i.) The prevention of injury or obstruction to roads 01' other public Digging, &c. places by digging or otherwi~ e. (ii.) Prohibiting or requiring the issue of a permit for the opening Opening up up of the soil of roads, footways, and pavements by persons other than SOli or road. the authorised officers of the Local Authority or persons authorised by any enactment so to do. 41.- PESTS. (L) Regulating or prohibiting the introduction into or the removal Conveyance from the Area or part thereof of any pest, or any animal, tree, plant, of pest. vegetable, or any part or product thereof, or any matter or thing affected by a pest. (ii.) Ensuring the seizure, detention, examination, and disinfection Search, &c. of animals, tree~ , plants, vegetables, or any part or product thereof suspected to be affected by pest, and of vehicles, boxes, baskets, and packages suspected to contain the same or to harbour or to be infested by pests, and the disposal of all such animals, trees, plants, vegetables, prod ucts, vehicles, boxes, baskets, and packages. (iii.) Prescribing methods and appliances for the effectual destruction Methods and of pests. appliances. (iv.) Imposing fees or charges to be paid by persons using any Fees. appliances or methods under the control of the Local Authority for the destruction of pests or preventing the spread of disease in animals, trees, plants, and vegetables, and the conditions under which such appliances or methods may be used. 42.-PLUMBERS. The licensing of persons to construct anlI repair works and appli- Plumbers, &:.. a.nces connected with house drainage or with the supply of wa,ter, gas, electricity, or hydraulie or other power, and the prohibiting of unlicensed persons interfering with such works or appliances. 43.-PRIZE FIGHTS, ETC. The prohibition of prize fights, dog fights, and cock fights. Prize fight", &c. 4 4 . - P R O C E S S I O N S . Regulating and prescribing the route of funeral processions; Processions. prohibiting or regulating by permit and prescribing the route of pro- cessions generally. 4 5 . - P R O J E C T I O N S . (1.) The construction, elevation, materials, and form of balconies, Awnings. porticoes, awnings, veranda.s, and other like projections upon or across any road or f(lotway.

8554 FOURTH SCHEDULE. LOCAL GOVERNMENT. Local Authorities Act. 2 EDw. VU. No. 19, Projections. (ii.) Prohibiting, or regulating the placing of any matter or thing so as to project upon or hang across or over any road or footway. . Structures (iii.) The regulation of lamps, signs, or other erections overhanging overhanging any road or footway. public way. 46.- PUBLIC MEETINGS. Proceedings Regulating the calling, holding, proceedings, and conduct of meetings at meetings. of ratepayers or of the public, and punishing misconduct, obstruction, and disturbance thereat. 47.-PUMPING ENGINES. Permits for pumping engines, &c. Permitting any person to erect, maintain, and work pumping engines and gear for the supply of water or hydraulic power from any foreshore, river, watercourse, reservoir, or other water under the control-of the Local Authority. 48.-QUARRYING AND BLASTING. Quarrying and blasting. Regulating and controlling quarrying and blasting operations. 49.-REsERVES, ETC. Commons and (i.) The control and management of commons, reserves, foreshores, reserves. and other land under the control of the Local Authority. Parks, &c. Rights of inhabitants. (ii.) The establishment, maintenance, and management of parks, pleasure grounds, gardens, libraries, museums, and other public places of recreation or improvement. (iii.) The rights and privileges to be enjoyed by the inhabitants of the Area or other persons over any such place of improvement or recrea- tion, or over any common,reserve, foreshore, or other land under the control of the Local Authority. 50.-RoADS. Control and management. (i.) The control and management of roads. Kerbing, &c. (ii.) The kerbing, paving, guttering, gravelling, asphalting, and watering of roads and footways. 51.-SAFETY AND CONVENIENCE. Generally. (i.) Public safety and convenience generally. Prevention of (ii.) The prevention of danger from whirligigs· and swings when da~ g< : r ~ rom such whirligigs and swings are driven by steam power, and from the use whIrlIgIgS, &c. of firearms in shooting ranges and galleries. Stc~ l1l whIstles. (iii.) Prohibiting, or regulating the use of steam whistles. 52.-SANITARY CARTS. Sanitary oort.s, &C. Licensing and regulating vehicles used for the removal of nightsoil or other offensive substances. Scaffolding, &c. 53.-SCAFFOLDINGS. Prohibiting, or regulating by permit the deposit or erection of scaf- folding, building materials, or obstructions of any kind in or upon any road or land under the control of the Local Authority. 54.-SEAL. Seal. The custody and use of the common seal. Advertise- ments, &c. 55.-SIGNBOARDS, ETC. (i.) Prohibiting, or licensing and regulating the making, erection, putting up, and situation of advertisements, signboards, posters, or other signs, upon, over, or near to any road or footway or land. under the . control of the Local Authority. (ii.) Prohibiting, or regulating by permit the erection or use within the Area of any sky sign, hanging sign, flying sign, or other similar sign.

LOCAL GOVERNMENT. 85f>5 1902. Local Authorities Act. ~ . ~ - - - - ~ - ~ .. -- - -- ~ . FOURTH SCHEDULE. 56.-SLAUGHTER-HOUSES. (i.) The management and control of slaughter-houses established Control. by the Local Authority. (ii.) The imposition and collection of fees for the use of such Fees. slaughter-houses. 57.-SFOUTS, GUTTERS, ETC. Imposing upon the owners and occupiers of. premises abutting on a Spouts, &c. road or footway the duty of constructing and maintaining spouts, gutters, and other means for conducting storm and other water away from such premises. 58.-STAJ,LS. ETC. Prohibiting, or regulating and iicensing the setting up and use of Stalls, &c. coffee-stalls and vehicles, stalls, or stand.. for the sale of goods or for the pursuit of any business calling, or employment, and the itinerant vending of goods, in or upon any road or land under the control of the Local Authority. 59.-STEA.M ROLl,ERS. Prescribing the hours within which, and the conditions under which, SI.eam rollers. steam rollers may be used. The term "steam roller" includes any mechanical contrivance for forming, rolling, or flattening roads, which is propelled 01' worked by any other me-ans than manual labour or animal power. 60.-THEATRES, ETC. (i.) 'rhe situation, form, and construction of buildings, rooms, Situation, gardens, and other places, whether licensed for the sale of fermented 01' form, aI. l~ spirituous liquors or for the sale of wine, or not requiring to be so licensed, constructlOn. which are 01' are intended to be used, kept, or let for public meetings, theatres, dancing-halls, music-halls, athletic entertainment 01' boxing, or for circuses, or cinematograph exhibitions, or for exhibitions for hire or profit, 01' for bowling-alleys, or for other places of public amusement, whether a charge is made for admission or not. (ii.) The licensing and inspection of such premises. Licensing. (iii.) Regulating the management thereof and the conduct of persons Management. frequenting the same. (iv.) Prohibiting persons of bad character, and persons miscon- Good ducting themselves, from coming or being in such premises. conduct. 61.-TIMBER. The control of timber standing or lying upon any road or land under Timbe~. the control of the Local Authority. 62.-TRAFFIC. . (i.) Requiring motormen of motors and conductors of cars used on Licenses for tramways to obtain licenses from the Local Authority. tramcars, &c. (ii.) Requiring the owners of vehicles used, kept, 01' let for hire, or Licenses for for the use of which any payment, recompense, or remuneration is made, cert~ in goifve ~ n v , er o y r rseuceehive.dve, htoI· C I oeb;tairneqaU . lIirc . megnse t hferomdr' ItvheersLoa. cnad.l Acount c h l l o ie r t it 0 y 1'8 i ~ n 0 rfesspueccht 0 " cfoehrd:dIrCIuv!ceestro, srasna.ndd vehIcles to obtam licenses from the Local AuthorIty. (iii.) Prescribing the qualifications of persons who are required to Qu,tlifications obtain licen8es as motormen, drivers, or conductors of any vehicle; and limit of defining the ages at which they shall be entitled to become licensees; age; badges. prescribing the badges to be 'Worn by such persons.

8556 LOCAL GOVERNMENT. FOURTH SOHEDULE. Local. Authorities Act. - - - - - - - - .. _._._---_ .... _ - _ . _ - 2 EDW. VII. No. 19, Form of vehicles ·carrying passengers for hire and number of passengers. (iv.) The form, construction, a.nd equipment of vehicles ordinarily used, kept, or let for the conveyance of passengers for hire, not being cars used on tramways; the number of pa~ sengers that may be carried in or on such vehicles and in or on cars used on tramways. 'Tires. (v.) The width of the tires of wheels of vehicles used m the Area. License of (vi.) .Requiring persons carrying on the business of carriers, carters, carriers, &c. fuel carters, or water-drawers by means of any vehicles, whecher plying for hire or not, or porter~ , to obtain licenses from the Local A.uthority. Names and (vii.) The marking of licensed vehIcles with names and distinguishing numbers. numbers; requiring the number of the license to be painted in the manner and form prescribed on the outside lamps of every such vehicle as is ordinarily used, kept, or let for the conveyance of passengers for hire. Luggage, &c. (viii.) The amount or luggage and weight of goods that may be carried in or on any licensed vehicles not being cars used on tramways. R.egistra,tion, (ix.) The registration, and identification by prescribed form, of & mve 0 eh . r , iccohlfeasn. ts' cvhehainctlseso, rowthaerrehtohuasnempeunblifcorvethhieclecso,novredyiannacreilyofugseododbs yinwthhoelepsaulresumiteor- f their business. Routes, &c. (x.) Regulating what routes shall be followed by vehicles or by any prescribed description of vehicles; prescribing, in the case of licensed omnibuses plying from one locality to another, the route of such omni- buses and the time to be taken by tbe drivers thereof for performing the whole or any portion of their journey; requiring 8uch omnibuses to be plied in accordance with time-tables approved by the Ohairman; pro- viding for the publication of such time-tables. Public stands. (xi.) Appointing and regulating public stands for licensed vehicles and cars used upon tramways. Safe custody. (xii.) Regulating the safe custody of any property which may be accidentally left in any licensed vehicle or car used upon a tramway or at any public stand. Sale of unch.imed articles. (xiii.) Regulating the sale, after reasonable notice and upon reason· able conditions, of any unclaimed articles found in any licensed vehicle or . car used upon a tramway 01' at any public stand. Misconduct. ; (xiv.) Prohibiting driver~ , nlOtormen, or conductors of licensed vehicles touting. in any road from misconductillg themselves; prohibiting any person from toutiug or calling out or otherwise importuning to hire or use any licensed vehicle. Tariff. (xv.) The rates of fares to be charged for the use of vehicles ordi- narily used, kept, or let for the conveyance of passengers or goods for hire; prohibiting licemees of such vehicles from demanding or recE1iving more than the authorised rate or fare, and persons employing any licensee from evading the payment of such rate or fare. Inspection of (xvi.) Regulating and enforcing the inspection of licensed vehicles, licensed vehicles. and the inspection of the horses, harness, and equipment thereof; autho- rising any officer of the Local Authority, at any time between sunrise and sunset, to enter the premises of licensees or applicants for licensell, for the inspection of vehicles, horBe~, harness. and equipment. Number of licensed (xvii.) Limiting the number of licensed passenger vehicles. passenger vehicles. Traffic. Age of drivers of vehicles generally. (xviii.) Regulating the traffic and standing of vehicles and horses upon any road. (xix.) Prescribing the limit of the age at which any person shall drive or have the control of any horse or horses harnessed to any vehicle standing or being driven upon any road.

1902. LOCAL GOVERNMENT. Local Auth01'ities Ad. 8557 FOURTH SCHEnUf,E. (xx.) Prescribing and regulatillg the seizure and custody of unat- Unattended tended vehicle~ and hOl'ses or other animalR upon any road, and providing vehicles, &c. for the recovery of all expenses of the custody of the same. (xxi.) Regulating the rate of Hpeed and pace of vehicles and of Speed, &c. horses; regulating where and under what conditions cars used on tram- ways, and vehicles and horses, may stand in or upon any road; prohibit- ing the driving of any animal drawing any vehicle not having springs at a faster rate, speed, or pace than at It walk. (xxii.) Providing for the prevention of accidents arising from the Accidents. improper use of vehicles, velocipedes, and horses, or from the driving of animals. (xxiii.) Requiring the owner of any description of vehicle or veloci- Lamps. pede to provide the prescribed number of lamps to be attached to such vehicle or velocipede, and the drivel', rider, or person having the control of the same to keep su('h lam pi:! lighted while the same is standing or being driven at night. (xxiv.) Prohibiting loitering and the obstruction of traffic generally Obstruction. upon any road. . (xxv.) Prescribing the removal by any officer of the Local Authority Removing , or member of the Police Force of any animal, vehicle, stall, stand, or other obstacles. structure or contrivance causing an obstruction in any road. (xxvi.) Prohibiting any goods of any description from being placed, Goods on. stacked, or stored in or upon any road, or from remaining ip. or upon any roads. road for a longer period than may be necessary for housing or removing the same. (xxvii.) Requiring any person standing or loitering upon the foot- 'l'raffic on way to the inconvenience of passers-by to immediately comply with the footways. orders or directions of any officer of the Local Authority or member of the Police Force to discontinue to do so; prohibiting the riding, driving, or wheeling of any hand cart, truck, barrow, or other similar class of vehicle or any velocipede upon or along the footway. (xxviii.) Regulating the traffic upon tramways. T,'udic 011 t.mUlways. (xxix.) Regulating traffic at times of public interest, amusement, or :Extl'aordinary excitement. traffic. (xxx.) The license fees . paya~ le annually in respect of the vehicles Maximl~ m and persons hereunder mentIOned III pursuance of any By-law shall not h'en"" fee. exceed the sums respectively set against them, namely ;- Omnibus or other vehicle used as ~ uch ... £3 0 0 Cab 1 10 0 Van, dray, or wagon ... 0 10 0 Driver, motorman, or conductor 050 63.-TRAMWAYS OF LOCAL AUTHORITY. The regulation of tramways and the traffic thereoIl, where such Tmmways. tramways have been constructed by or acquired by and are under the management and control of the Locai Authority. 64.-l'RAVELLING E:X;PENsES OF SHIRE COU NCILI,ORS. Prescribing the payment to the Councillors of a Shire (including the Allowances to ChairlUan) out of the Shire Ji'und of the expenses incurred by them in 1;1e.!lIbers III attending meetings of the Council; Provided that- ;jrures. (a) No payments by way' of expenses shall be made to any Councillor in excess of the actual money expended by the Councillor in payment of the fare by coach, railway, steam- boat, or other public conveyance (or in lieu thereof a sum of sixpence per mile computed for one way only), for the

8558 FOURTH SCHEDULE. LOCAL GOVERNMENT-MINING. - - - --------------- ---------- Mining Act Amendment AM. 2 Enw. VII. No. 24,1902. distance actually and necessarily travelled by the nearest practicable route between the residence of the Councillor and the place of meeting; and (b) No such payments to any Councillor in auy year shall in the aggregate exceed twenty pounds. 65.-TREE-PLANTJNG. Tree-planting. Planting and preserving trees and shrubs in roads &.nd lands under the control of the Local Authority. 66.-WATER. Watel'supply. (i.) The supply and distribution of water, and imposing fees or charges therefor in ca!'1es where the works for the storage of water have been formed at the expense of the Local Authority, or have been duly placed under the control of the Local Authority. . Pollution of (ii.) Prohibiting the pollution of any river, stream, watercourse, streams. public well, fountain, dam, or other public water, or place for water, Impeding current. within the Area or at the boundary thereof. (iii.) Prohibiting the depo!lit of any matter or thing in any river, stream, or public water, whereby the flow of water therein may be impeded, and compelling the removal of all such matters or things by the owners of land abutting thereon. 67.-WiIARVES. Wharves, kc. (i.) Regulating and controlling the use of such of the wharves, jetties, piers, landing-placeR, waiting-rooms, and other erections as may have been leased, purchased, or acquired by the Local Authority, or as may be already in the possession of the Local Authority. (ii.) Establishing, levying, and imposing tolls, rates, dues, and chargett upon and in respect of steamers and other vessels making fast to, or lying alongside of, or landing or receiving goods or passengers upon or from, or otherwise using any of the said wharves. (iii.) Erecting gates, bars, and other works necessary for the aoUec- tion of such tolls, rates, dues, and charges. (iv.) The management and collectIon of such tolls, rates, dues, and charges. MINING. 2 ECi.w. VII. No. 24. THE MlmNG ACT AMENDMENT AOT OF 1902. An Act to further Amend "The MiningAct of 1898." [ASSENTED TO 26TH DECEMBER, 1902.] 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 As!?embly of Queensland in Parliament assembled, and by the authority of the same, as follows : - Short title 1. This Act may be cited as "The MiningAct caonudstruction. Amendment Act of 1902," and shall be read and construed with and as an amendment of " The Mining Act of 1898,"· * 62 Vie. No. 24, swpra, page 6609.