Local Authorities Acts Amendment Act of 1912 (3 Geo v No. 16) (Qld)

LoOAL. AUTHORITIES. 3 G E0. V. No. 16, 1912. Local Authorities Acts' Amendment Act. 5663 LOCAL AUTHORITIES. An Act to Amend "The Local Authorities Acts, 1902 3 Geo. V. to 1910," " The Granville and Burnett Bridg T e H N E 1 s 10 , C6:9L Act of 1889," and "The Steam Rollers Regula- AcTro RTispiEs tion Act of 1892" ; and to Repeal "The Stage Carriages Act of 1835," certain Sections of "The Carriers Act of 1866," and "The Carriers Act of 1866 Amendment Act." [ASSENTED TO 5TH DECEMBER, 1912.] E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as " The Local Authorities Short title. Acts Amendment Act of 1912," and shall be read as one with " The Local Authorities Act of 1902,"* herein referred to as the Principal Act. 2. After section eleven of the Principal Act, the following section is inserted :— athnedrsa[h. t/ea.p/ lAlawy. . eh]res( n1o. fs) otThdehierAeLrcetoeacdoabrl yoAftuh. stehuoMchriitndyiisvmtiesario, yntaaoktreadnaiyvpiotsilimloonefs, Pre q aeuotreledlstoiaizfonesr. son thereof or part of a division or divisions as the Local Authority or the Minister, as the case may be, considers to be interested, upon any of the following questions, namely :— (a) The site of the office of the Local Authority; (b) The abolition of all the divisions of the Area; (c) The alteration of the boundaries of any division or divisions of the Area, whether by increasing or decreasing the number of divisions or other- wise; (d) Any other question relating to local govern- ment upon which the opinion of the ratepayers is required by the Minister, or upon which one-fifth of the ratepayers of the Area or of such division or divisions thereof or part of a division or divisions have petitioned for an expression of opinion. * 2 Edw. VII. No. 19, supra, page 1860.

5654 LOCAL AUTHORITIES. Local Authorities Acts Amen,clabent Act. 3 GEO. V. No. 16, (2.) When the Minister directs such poll to be taken, he shall also direct the date thereof, and give such other directions as in his judgment will ensure the wishes of the ratepayers interested being. duly ascertained; and the Local Authority shall comply with every such direction. In other cases the Local ,Authority shall give such directions as may be necessary for taking the poll. (3.) Every such poll shall be taken, and the result thereof shall be ascertained in the manner hereinafter pre- scribed for taking a poll on the question of a proposed loan, but in all cases all the ratepayers of the Area or who are considered to be interested, as the case may be, shall be entitled to vote, and the voting shall be by ballot or postal ballot according to the method of voting in force in the Area or division concerned. (4.) Provided that, unless the Governor in Council by Order in Council so directs, the taking of any poll under this section shall not be a condition precedent to the taking of any action by the Local Authority, or the Minister, or Governor in Council which it or he is empowered to take under this Act with respect to any matter. Amendment 3. (1.) In subsection two of section twenty-four of of es. 24, 27. the Principal Act as enacted by section eight of " The Local Authorities Act Amendment Act of 1910,"* after the word "February," the words "or at any extraordinary election held on the same day" are inserted; also, the words "or (b) At any extraordinary election of a member or members, unless fourteen clear days before the day of nomination" are repealed. (2.) In subsection five of section twenty-seven of the Principal Act as enacted by section ten of " The Local Authorities Act Amendment Act of 1910," the words "the said Voters' Roll shall be amended so as to comprise the names of all persons who pursuant to section twenty- four of this Act are" are repealed, and the words "held on any day other than the day of the annual election the said Voters' Roll shall be amended so as to comprise the names of all persons who under the provisions of subsection two of section twenty-four of this Act were not entitled to vote at the last preceding annual election owing to default in the due payment of Rates, and who are no longer so in default with respect to such Rates, and also who by reason of change * 1 Geo. V. No. 22, supra, page 2021.

LOCAL AUTHORITIES. 5655 1912. Local Authorities Acts Amendment Act. of ownership or occupation duly recorded in the Rate Book have become" are inserted in lieu thereof. 4. In the second paragraph of subsection one of Amendment section twenty-eight of the Principal Act the word "seven" of s. 28. is repealed, and the words "twenty-one" are inserted in lieu thereof. 5. In subsection three of section twenty-seven of Amendment the Principal Act, after the word "and" the words "in the of s ' 27' event of it becoming necessary to take a poll on any question or election of a member or members," are inserted. 6. In subsection two of section thirty-one of the Amendment Principal Act, the words "twenty-five clear days" are of s. 31. repealed, and the words "thirty-five clear days" are inserted in lieu thereof. 7. After section thirty-four of the Principal Act, the following section is inserted :— [34A.] If at any time the Governor in Council is Power to satisfied that the Chairman of any Local Authority has rCehmaoirvmean. wilfully neglected or refused to carry into effect any lawful resolution or order of such Local Authority, and that by reason of such neglect or refusal the business of such Local Authority is obstructed or delayed, he may, by Order in. Council, remove such Chairman from his office, and thereupon the members, at a special meeting called for the purpose, shall choose some other member to be the Chairman. If after the expiration of fourteen days from the date of the Order in Council the members fail to elect a Chairman, the Governor in Council may appoint some member of the Local Authority to be the Chairman; and the person so appointed shall thereafter be the Chair- man, and shall, subject to this Act, hold office until the conclusion of the next annual election of members. 8. After the second paragraph of subsection one of Amendment section thirty-nine of the Principal Act, the following of s. 39. provision is inserted For the purposes of this Act where the number of members of a Local Authority is an even number, a majority of the whole number of members shall be deemed to be present at any meeting if the Chairman and such members are present as in the aggregate constitute one- half of the whole number of members.

5656 LOCAL AUTHORITIES. Local Authorities Acts Amendment Act. 3 GEO. V. No. 16, 9. After section 67A of the Principal Act as enacted. by section twenty of " The Local Authorities Act Amend- ment Act of 1910,"* the following section is inserted. :— Power to [67B.] Where any land. is vested in a Local Authority for Cgroaunntcbiul itloding an estate in. fee-simple, whether such land is or is not held leases of land by the Local Authority upon trust for public purposes and fnoort preuqbuliicred not being a public park, and such land or any part thereof purposes. is for the time being not required for any public purpose, the Local Authority may, with the approval of the Governor in Council, grant to any person a- lease of the land not so required, for any term not exceeding thirty years, for the erection thereon of buildings to be used. for business or residential purposes at such rent and subject to such other conditions, reservations, and. stipulations as the Local Authority, subject to the approval aforesaid, may consider advisable. Petition for park. 10. After section seventy-one of the Principal Act, the following sections are inserted :— [7./A.] The ratepayers rated as owners of rateable land and having not less than one-fifth of all the votes of the ratepayers so rated within the Area may, by petition, request the Local Authority to purchase or otherwise provide a park. Every such petition shall specify the locality in which such park should be situated, and every signature thereto shall be verified. by the solemn declaration of some person who signed the petition. No petition unaccompanied by such declaration shall be received by the Local Authority. Upon the receipt of such petition, the Local Authority shall direct that a poll shall be taken of the ratepayers rated as aforesaid within the Area, and shall prescribe the form of ballot-paper to be used, and shall give such other directions as may be necessary for taking the poll. The poll shall be taken within sixty days after the receipt of the petition, and. the result thereof shall be ascertained in the manner hereinafter prescribed for taking a poll on the question of a proposed. loan; but in all cases voting shall be by ballot. If, upon the poll being taken, the number of votes given against the purchase or provision of a park is greater than the number of votes given in favour of it, no action shall be taken upon the petition; but if the number of votes * 1 Geo. V. No. 22, supra, page 2021.

LOCAL AUTHORITIES. 5657 1912. Local Authorities Acts Amendment Act. given in favour of the purchase or provision of a park is greater than the number of votes given against it, the Local Authority shall proceed to purchase or otherwise provide a park, as requested in the petition, and shall thereafter improve and maintain the same. If, within six months after the resolution for the purchase or other provision of a park has been adopted on such poll, the Local Authority has failed to give effect thereto as aforesaid, the Minister, upon a memorial signed by at least twenty ratepayers rated as aforesaid, may make an order on the Local Authority, requiring it to give effect to such resolution within a time to be named in such order. Obedience to an order so, made may be enforced by action or motion for a mandamus at the suit of the Attorney-General on the relation of any ratepayer; or if the Minister thinks proper so to do, he may himself comply with the said order on behalf of and at the cost of the Local Authority, and in such case shall have all the powers and authorities of the Local Authority on whose behalf he is acting, including the power of borrowing on its behalf from the Treasurer as hereinafter provided. [7/m] When a park has been provided in. an Area, Who to whether before or after the first day of January, one control park. thousand nine hundred and thirteen, the Local Authority of such Area shall have the sole management an.d control thereof: Subject to the By-laws of such Local Authority, such park may, nevertheless, be used by the ratepayers or inhabitants of other Areas or the general public. [7./c.] When a park will be commonly used, not only Contribution by the inhabitants of the A.rea in which it is situated, but tmowai. nartdenance. also by the inhabitants of. any conterminous or neigh-. bouring Area or Areas, the Local Authority proposing to provide the park shall, before purchasing or otherwise providing such park, request the Local Authority or Local Authorities of such conterminous or neighbouring Area or Areas to enter into an agreement for contri- buting towards the expenditure necessary in connection with the purchase, improvement, and maintenance of such park in such proportions as may be considered just, or, failing such agreement, as may be fixed by the Minister upon a reference to him in that behalf by any of such Local Authorities.

5658 LOCAL AUTHORITIES. Local Authorities Acts Amendment Act. 3 G-E0. V. No. 16, Loans for parks. Any income derived from such park shall be distri- buted between such Local Authorities in the same propor- tions as the expenditure is contributed by them. [71D.] A Local Authority may, under and subject to the provisions of Part XIV. of this Act, borrow money from the Treasurer, unless otherwise authorised by Parlia- ment, for the purchase, improvement, and maintenance of parks. A mendment of s. 76. 11. The following provision is added to subsection two of section seventy-six of the Principal Act The person submitting such map or plan shall also cause to be marked, by pegs driven into the ground, the actual boundaries of every such new road, and such marks shall be there maintained until the matter is finally disposed of. In subsection four of the said section, the words "a licensed" are repealed, and the words "an authorised" are inserted in lieu thereof. In subsection six of the said. section, the words "twenty-one days" are repealed, and the words "forty-two days" are inserted in lieu thereof. Amendment 12. In subsection two of section 156n of the Principal of s. 156u. Act, after the words "division of an Area", the words "or defined part of an Area or of a division" are inserted; after the words "exists in any Area or division", the words "or defined part of an Area or of a division" are inserted. In the said section, after the word. "division", wherever it elsewhere occurs, the words "or part thereof" are inserted. Default of Local Authority in dealing with pests. 13. After section one hundred and fifty-eight of the Principal Act, the following sections are inserted :— [158A.] If the Minister is satisfied that a Local Authority has failed to take proper steps to carry the last preceding section hereof into effect, or has failed to make By-laws for effectually dealing with pests under subsection forty-one of the Fourth Schedule to this Act, or, having made such By-laws, has failed to take proper steps to carry the said By-laws or any of them into effect, the Minister may call upon the Local Authority in default to show cause why an order should not be made upon it requiring it to take proper action as aforesaid. If such Local Authority fails to give satisfactory reasons for its default, the Minister may make an order

LOCAL AUTHORITIES. 5659 1912. Local Authorities Acts Amendment Act. directing the Local Authority, within a time specified, to take such action as appears to him to be necessary; and if the Local Authority fails to comply with such order according to its tenour, the Minister may cause such order to be complied with on behalf of and at the cost of the Local Authority, and may from time to time recover such cost from it in any court of competent jurisdiction. It shall not be competent for the Local Authority to repeal or amend any By-law made in pursuance of such order without the previous consent of the Minister. [158B.] Notwithstanding anything in this Act or in Local any other Act contained, no action or other remedy shall eAxuotnheorraitteyd lie against nor shall any sum by way of compensation, from liability damages, or otherwise be payable by any Local Authority sftoorciknjuries to for any loss or injury sustained by any owner or person in poisoned by possession of any live stock poisoned by eating, on any odfesntoruxciotiuosn road or land under the control of the Local Authority, any plants. plant, grass, or herbage which has been poisoned by the Local Authority or its servants or agents in the destruction or endeavour to destroy any noxious weed or plant, if the Local Amthority has given notice twice in some newspaper and caused public notice of the use of poison to be affixed in a conspicuous manner in all places where the work is being carried out, and has served such notice on each resident occupier of any land abutting on or having a frontage to all places where the work is being carried out. they [ a 1 r 5 e 8 a c p .] plTichaeblper, osvhiasliloanpspolyf tthoisa SJouibndtiLvioscioalnA, suothfoarriatys J A o p in pl t ic B a o ti a o r n d. to constituted for the eradication of noxious weeds or prevention and destruction of pests. 14. (1.) The following provision is added to section Amendment one hundred and eighty-three of the Principal Act :— of s. 183. (9.) The power to make By-laws under subsection 18A of the Fourth Schedule to this Act may be exercised by the Local Authority; and any such By-laws shall remain in full force and effect, anything in " The Traffic Acts, 1905 to 1910,"* to the contrary notwithstanding. Princ(i2p.a) lSAubcsteicstrioepnetawleedn, tya- nfidveafotefrSscuhbesdeuclteioInV.eiogfhttheeenAorpfeaonsfdtomoacevonrotl the said Schedule the following subsection is inserted :— traffic. 181. EXTRAORDINARY TRAFFIC. ohravainn(yig. ) driDevgieasfiriodnnitnoogrtwhpeahraattvoetrfraaafgnfeicAesrxhepaaellonrbseediodvfeiesreimopneadisrpitnoegcbieraolelayxdtsarafwfoeirctdhtieinnda. rthyetrAafrfeiac , , eDtrxaetffrfiaincoi. nrdgi. nary * 5 Edw. VII. No. 18 and 1 Geo. y. No. 19, supra, pages 3487 et seq.

5660 LOCAL AUTHORITIES. Local Authorities Acts Amendment Act. 3 GEO. V. No. 16, Regulation, (ii.) Regulating and, if necessary, restricting extraordinary traffic &c. on roads or any specified roads. Expenses. (iii.) Compelling any person, corporation, or other body by whom or by whose order extraordinary traffic as been conducted to pay to the Local Authority any expenses incurred by the Local Authority by reason of damage arising to the roads or any road used by such traffic. Agreements. (iv.) Authorising the Local Authority to enter into any agreement with any such person, corporation, or other body as last aforesaid for the payment to the Local Authority of a composition in respect of such traffic in lieu of the expenses actually incurred as aforesaid. Timber, &c. (v.) Regulating and, if necessary, restricting the carrying on vehicles upon any road of long, large, heavy, or projecting goods, whether the same constitute extraordinary traffic as defined or not. Amendment 15. In the second paragraph of sectiOn one hundred of s. 194. and ninety-four of the Principal Act, the words "in every Area once at the least in every three years" are repealed, and the words "in every Town once at least in every three years, and in every Shire once at least in every five years, by a valuer employed for the purpose, who shall not be a member of the Local Authority, are inserted in lieu thereof. Amendment 16. In subsection 31 of section one hundred and of s. 195. ninety-five of the Principal Act, the words "ten shillings for every acre of land being agricultural land, and at the rate of five shillings for every acre of land being grazing land" are repealed, and the words "five shillings for every acre of land are inserted in lieu thereof. Amendment 17. Subsection three of section one hundred and of s. 197 (3). ninety-seven as amended by section thirty-six of " The Local Authorities Act Amendment Act of 1910"* is re- pealed, and the following subsection is inserted in lieu thereof :— (3.) In full satisfaction and discharge of all Rates due and payable in respect of all such electric lines so laid down or constructed, there shall in every year be paid to the Local Authority— (a) In respect of any such electric line or lines carried over any road on poles, standards, or supports, a sum at the rate of five shillings per mile of the actual length of each separate electric line so carried; (b) In respect of any such electric line or lines laid or placed under any road in any enclosing pipe, tube, or receptacle of separate construction * 1 Geo. V. No. 22, supra, page 2021.

LOCAL AUTHORITIES. 5661 1912. Local Authorities Acts Amendment Act. from such electric line or lines, sums, according to the length and the greatest internal diameter of each such pipe, tube, or receptacle, or, if the same is divided into separate compartments or comprises separate holes or passages, according to the length and greatest internal diameter of each such separate compartment, hole, or passage wherein such electric line or lines is or are laid or placed, at the rate per mile hereunder mentioned, that is to say :— £ a. d. If the diameter does not exceed three inches ... 1 0 0 If the diameter exceeds three inches, but does not exceed six inches 200 If the diameter exceeds six inches, but does not exceed nine inches ... 400 If the diameter exceeds nine inches 800 (C) In respect of any such electric line or lines laid or placed under a road, and not laid or placed in any enclosing pipe, tube, or receptacle of separate construction from such electric line or lines, a sum at the rate of one pound per mile of the actual length of each separate electric line so laid or placed: Provided that when any such electric lines are laid down or constructed in any road which forms the boundary between two Areas, each Local Authority shall be entitled to be paid one-half of the amount of rate payable in respect of each such electric line. 18. (1.) In the first paragraph of section two hundred Amendment and fourteen of the Principal Act, after the words "such of ss• 214 and part," the words "unless such part is divided into subdivi- 277. sions as next hereinafter provided, in which case the Separate Bate levied upon the rateable land situated in each subdivision need not be of the same amount, but such Rate shall be levied equally upon all rateable land situated in each subdivision" are inserted. (2.) In the second paragraph of sections two hundred and fourteen and two hundred and seventy-seven, respec- tively, of the Principal Act, after the word "benefited," the words "and the Minister, if he thinks it proper so to do, may divide the part so defined into subdivisions accord- ing to the extent to which each is respectively benefited" are inserted.

5662 LOCAL AUTHORITIES. Local Authorities Acts Amendment Act. 3 GEO. V. No. Amendment 19. (1.) In the third paragraph of subsection one of 2o2f 3s. s. 222 and section two hundred and twenty-two of the Principal Act, as enacted by section forty-one of "The Local Authorities Act Amendment Act of 1910,"* after the word "Rate," the words "shall be placed to the credit of a separate banking account, to be called Special Loan Rate Account,' and" are inserted. (2.) In subsection two of the said section the words "such Rate, the Treasurer may make, levy, and collect such Rate" are repealed, and the words "such Rate, of sufficient amount as aforesaid, the Treasurer may make, levy, and collect a Special Loan Rate of sufficient amount as aforesaid" are inserted in lieu thereof. (3.) In the first paragraph of subsection two of section two hundred and twenty-three of the Principal Act as enacted by section forty-one of " The Local Authorities Act Amendment Act of 1910," after the word " notification " where it last occurs the words "and the Treasurer may from time to time make all such orders and give all such directions with respect to the powers and duties of such Receiver and the management by him of the business of the Local Authority as the Treasurer thinks proper, and judicial notice shall be taken of all such orders and directions" are inserted; and the said section shall be construed as if the said words had been inserted therein at the date of the passing of the last- mentioned Act. Amendment 20. In subsection four of section two hundred and of s. 226. twenty-six of the Principal Act, as enacted by section forty-two of "The Local Authorities Act Amendment Act of 1910,"* after the word " shall " the words " except in the case of Crown land" are inserted. Amendment 21. The following subsection is added to section 228A. of S. 228a. of the Principal Act Forfeiture or (2.) Notwithstanding anything contained in section shuorlrdeinndg.er of ownheehnuanhdroelddianngdutnwdeenrtyth- afot uArcotfis "T fo h r e fe L i a te n d d o A r c w t h o o f l 7 ly 91 o 0 r , i " n t part surrendered, any moneys which are received by the Crown from an incoming selector, lessee, or purchaser in respect of improvements upon the land may, after deduct- ing what is due to the Crown, be held by the Crown for the purpose of satisfying the amount of any Rates due and * 1 Geo. V. No. 22, supra, page 2021. t 1 Geo. V. No. 15, supra, page 1347.

LOCAL AUTHORITIES. 5603 1912. Local Authorities Acts Amendment Act. in arrear in respect of the land at the date of forfeiture or surrender, and the amount of such Rates may, to the extent of such moneys, be paid to the Local Authority concerned, and in such case the balance only, if any, shall be paid to the late lessee or selector. 22. The following subsection is added to section two Amendment hundred and forty-four of the Principal Act :— of s. 244. (5.) At such sale the Local Authority may cause any two or more conterminous portions of land which are taken in execution, whether the property of the same owner or of different owners, to be offered for sale as one block; and upon the sale thereof the proceeds shall be apportioned to the several portions so sold in such manner as the Local Authority thinks proper. 23. In section two hundred and forty-nine of the Amendment Principal Act, the words "and for that purpose shall, if of s. 249. necessary, make such orders and publish such advertise- ments as are provided for in the case of 'dealings with land when the certificate of title is lost or not produced" are repealed, and the words "forthwith, notwithstanding any Act to the contrary and notwithstanding the non- production of the instrument of title, and without any advertisement or other notification of such non-production, and without any fee in respect of such registration or for stamp duty," are inserted in lieu thereof. 24. In subsection six of section two hundred and Amendment sixty-five of the Principal Act as enacted by section of a. 265- thirty-four of " The Local Authorities Act Amendment Act of 1910,"* the words "shall increase the amount of the next ensuing General Rate" are repealed, and the words "shall from time to time, as may be necessary, increase the amount of the General Rate" are inserted in lieu thereof. 25. In section two hundred and ninety-eight of the Amendment Principal Act the words "three thousand pounds" are of s. 298. repealed, and the words "five thousand pounds" are inserted in lieu thereof. 26, .The following words are added to subsection one Amendment of section three hundred and forty of the Principal Act of s. 340. And if the Joint Local Authority is constituted with respect to a boundary road, main road, or boundary bridge, whether or not the same is a boundary road, main road, or boundary bridge for all such Areas. * 1 Geo. V. No. 22, supra, page 2021.

5564 LOCAL AUTHORITIES. Local Authorities Acts Amendment Act. 3 GEO. V. No. 16, The following provision is added to the said section:— An Order in Council made under this section may distinguish between the capital cost of the formation, construction, or establishment of the work or undertaking subjected to the jurisdiction of the Joint Local Authority and the annual or recurring expenses of the maintenance, management, and control of the same, and provide that all or some only of the component Local Authorities shall be liable Tor the repayment of such capital cost, and that all or some only of the component Local Authorities shall be liable for the repayment of such annual or recurring expenses. 27. (1.) After section three hundred and forty-nine of the Principal Act, the following section is inserted :— Constitution [349A.] Where by any Act heretofore passed any 73fmnrrdiBdguender bridge has been placed under the control of a Board other Acts. constituted by such Act and composed of representatives of Local Authorities having jurisdiction in a district described in. such Act, the Governor in Council may from time to time by Order in Council— (i.) Alter the constitution of such Board and the number of members thereof; (ii.) Alter or vary the boundaries of such district by the inclusion therein or the exclusion there- from of any Area or division of an Area of a Local Authority; (iii.) Distinguish between the capital cost of the construction of such bridge and the annual or recurring expenses of the maintenance, management, and control of the same, and provide that all or some only of the component Local Authorities represented on such Board shall be liable for the repayment of such capital cost, and that all or some only of such component local Authorities shall be liable for the repayment of such annual or recurring expenses; (iv.) Settle and adjust any rights, liabilities, or matters which in consequence of the foregoing powers require to be adjusted, and give all such directions as to elections of representatives as appear to him to be necessary. This section does not apply to the Victoria Bridge over the River Brisbane.

LOCAL AUTHORITIES. 5995 1912. Local Authorities Acts Amendment Act. Every such Order in Council shall be read as one with the Act constituting such Board and district, and shall be deemed to form part thereof, and the said Act as modified by the said Order shall be construed accordingly. (2.) In the second paragraph of section eighteen of A„endment " w T o h rd e s G " r th a e nv j i o l i l n e t a r n e d qu B e u s r t n " e a t r t e B r r e i p d e g a e l s e A d, ct an o d f 1th8e89w," otrhdes o. , f, o5. 310V, iSc.. , "the request of any" are inserted in lieu thereof. 28. .The following words are inserted at the beginning Amendment of section three hundred and fifty-four of the Principal of s. 354. Act :— Subject to the provisions of any Order in Council made under section three hundred and forty relating to the cost and expenses of works or undertakings. 29. Subsection six of section three hundred and sixty- Amendment three of the Principal Act is repealed, and the following of s. 363. subsection is inserted in lieu thereof; and such amendment of the said section shall be deemed to have been made on the first day of January, one thousand nine hundred and eleven, and to this extent this section shall have retro- spective operation; and sections three hundred and sixty- three, three hundred and sixty-four, and three hundred and sixty-five of the Principal Act shall be construed accordingly :— (6.) If at any time after the expiration of two months from the publication of any Order made under this section any Local Authority or Local Authorities concerned has or have failed to obey the Order, then the remaining Local Authority or Local Authorities may proceed with . and execute the necessary works without reference to the defaulting Local Authority or Local _Authorities. The Minister may, upon request by the constructing Local Authority or Local Authorities, issue a precept upon the defaulting Local Authority or Local Authorities, which precept shall state the sum to be contributed, and the person to whom, and the time within which, payment of the amount therein stated shall be made; and payment pursuant to such precept shall be made accordingly. In default of payment within the time so stated, the. Minister may make and levy such Rate upon the rate- payers of the Area concerned as will be sufficient to raise the amount stated in the precept together with the expenses of levy, and for that purpose shall have all the * 53 Vie. No. 15, supra, page 3663. 2

5666 LOCAL AUTHORITIES. Local Authorities Acts Amendment Act. 3 GEO. V. No. 16, 1912. powers conferred by this Act upon the Local Authority in respect of levying, collecting, and enforcing the payment of Rates. Every such precept shall be based upon the terms and conditions of the Order, and may be issued from time to time during the progress of any works to which the Order relates. Amendment 30. In subsection one of section three hundred and of,. 364. sixty-four of the Principal Act, after the word "section," the words "or, with the previous approval in writing of the Minister, one of the last-mentioned Local Authorities" are inserted. Amendment 31. (1.) The following provision is added to sub- Sofchedule HI. s„ection two of rule three of Schedule III. of the Principal Rules 3, 37. ACE :— Provided that if the office of the Local Authority is situated outside the Area such office may be named as the place of nomination. (2.) Paragraph (iv.) of subsection one of rule thirty- seven of the said Schedule, is repealed, and the following paragraph is inserted in lieu thereof, namely :— (iv.) Has been so dealt with that the number of names of candi- dates not struck out is greater or less than the number of members to be elected; or oA( 4fm) S. ecnhd.mIVen. t ING 3A2N. DIPnUpBarLaIgCraBpAhT( iHxS.) , , " uonfdSecrhtehdeulheeIaVd.inogf t"h4e,PBriAncTipHa-l Act, the words "eight years", where they twice occur, are repealed, and the wcrds "five years" are respectively inserted in lieu thereof. I he following paragraph is added under the heading " 41.—PEsTs" of the said Schedule :— Joint action. (v.) When a Joint Board has been constituted for the prevention and destruction of pests--adopting all or any of the provisions of Subdi- vision X. of Part VII. of this Act, including the power to make by-laws set forth under the heading " 2. ANIMALS" of this Schedule; and conferring upon the Joint Board all or any of the powers of a Local Authority with respect to these matters. cReneraptcaetiamnleonfts. Secti 3 o 3 ns . f " o T u h r, e s S ix ta , g s e ev C e a n r , r a i n ag d e f s o A ur c t t e o en f 1to83s5ev" einstreeepne, abloetdh. inclusive, of "The Carriers Act of 1866 "t are repealed. "The Carriers Act of 1866 Amendment Act" t. is repealed. oANfmo5. e63nV3dmisc.e. 4nt. Steam 34 R . o S ll u er b s se R c e ti g o u n l s at o i n o e n a A n c d t t o w f o1o8f92se"c§tioanrefroeupreoafle" d I . he In subsection six of the said section the words "the person preceding the same or" are repealed. * 6 Wm. IV. No. 2, supra, page 131. :t 38 Vic. No. 2, supra, page 140. t 30 Vic. No. 22, supra, page 138. § 56 Vic. No. 33, supra, page 2033.