Local Authorities Acts Amendment Act of 1923 (14 Geo v No. 25) (Qld)

LOCAL AUTHORITIES. ss. 1, 2. 14 GEO. V. No. 25,1923. Local Authorities Acts Amendment Act. LOANS, LOCAL BODIES. See LOCAL BODIES. 10661 LOCAL AUTHORITIES. An Act to Amend *" The Looal Authorities Aots, 14 Oeo. v. 1902~1922 ,; in certain partioulars, and to T: : o~ ! ~ ~L Repe'al t" The Undue Subdivision of Land AUT~ ~ ~ ~ TIES Prevention Aot of 1885 , " and for other A A C M T ENODF M 19 E 2 N 3 T . oonsequential purposes. [ASSENTED TO 12TH NOVEMBER, 1923.) B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Lo::,al Authorities Short title Acts Amendment Act of 1923," and shall be re,ad as one and with *" The Local Authorities Acts, 1902-1922,". herein ~ ~ ~ ~ ~ ction collectively referred to as the Principal Act. 2. The following amendments are made in section Amendment seven 0 f the P rm· C.lpa1 Ac t : - of B. 7. (1.) Before the definition of " Animals" the following definition is inserted :-- " " Alignment"-The boundary line between any Alignment. road and any land abutting thereon." (2.) The definition of " Elector" is repealed, and the following definition is inserted in lieu thereof:- " "Elector"-A person named as such in an Elector. Electoral Roll compiled pursuant to t" The Elections Act of 1915" and enrolled on a Voters' Roll compiled under this Act or on an Electoral Roll in use in an undivided area as a Voters' Roll." (3.) The words "the term includes any road within the meaning of §" The Disease8 in StockAct of 1915" or any Act amending or in suhstitution for that Act" are added to the definition of "Road." * 2 Edw. VII. No. 19 and Amending Acts,supra, pages 1860 et 8eq., .5653, 5918, 8304, 9571, and 10126. t 49 Vic. No. 15, 8upra, page 3047. ~ 6 Geo. V. No. 13, 8upra, page 6779. § 6 Geo. V. No. 16, supra, page 7015.

10662 SS. 3, 4. LOCAL AUTHORITIES. Local Authorities Acts Amendment Act. 14 GEO. V. No. 25, (4.) After the definition of " Structure" the following definition is inserted :- Subdivision, &c. " " Subdivision," " subdivide," and similar expres- sions mean and refer to dividing land into parts, whether the dividing is- (a) By sale, conveyance, transfer, or par- tition; or {b) By any agreement dealing or instrument inter vivos (other than a lease for any term not exceeding five years withbut right of renewal) rendering different parts thereof immediately available tor separate disposition or separate occupation; or (c) By procuring the issue of a certificate of title under *" The Real Property Acts, 1861 to 1887," in respect of a part of the land." (5.) The following provision is added to the section:- Width of "The width of a road shall be ascertained by road. measuring at right angles to the course thereof from the alignment on each side of the road." Amendment 3. The following subsection is added to section of s. 12. twelve of the Principal Act : - "(4.) Provided further that in any case where at least thirty-five per centum of all the electors, a poll of whom was taken, have voted at such poll, the Governor in Council may by Order in Council direct that no action shall be taken by the Local Authority contrary to the wishes of the electors as so ascertained for such period of time as maybe fixed by such Order or until by the taking of another poll on the same question under this section it is ascertained that the electors have changed their wishes." Amendment 4. In the third paragraph of subsection one of of s. 13. section thirteen of the Principal Act, after the word '~ members" the words "including the Mayor" are inserted. In the third paragraph of subsection two of the said section, after the word "members" the words " including the Chairman " are inserted. * 25 Vic. No. 14 and Amending Acts, supra, pages 2984 et seq.

LOCAL AUTHORITIES. ss. 5-8. 106.63 1923. Local Authorities Acts Amendment Act. 5. Section fifteen of the Principal Act is repealed Amendment and the following section is inserted in lieu thereof: - of s. 15. " [15.] Any person, whether male or female, who is not under any of the disabilities hereinafter specified, and who under this Act is qualified to be enrolled for any Area in Queensland, shall be qualified to be nominated as a candidate and to be elected or appointed and to act as Chairman or a member of the Local Authority of any Area within Queensland, but only so long as he continues to hold such qualification. At any election in a divided area a person shall not be qualified to be a candidate for the office of Chairman and also for the office of ordinary member." 6. Subsection four of section seventeen of the Amendment Principal Act is repealed. oh 17. 7. Section nineteen of the Principal Act is repealed, Amendment and the following section is inserted in lieu thereof :_ of s. 19. "[19.] If the Area is not divided, the members, including the Chairman, shall be elected by the electors 'Of the Area, and the member who at the election receives the greatest number of votes shall be the Chairman. If the member who receives the greatest number of votes before acting as Chairman resigns that office without resigning the office of member, or if no poll was required to be taken, the Local Authority shall, at its first meeting or some adjournment thereof, appoint a member to be Chairman. In a divided Area the Chairman shall be elected by the electors of the whole Area, and the other members :shall be elected for each division by the electors of such division." . 8. Section twenty-one of the Principal Act is Amendment- repealed, and the following section is inserted in lieu of s. 21. thereof :- "[21.] (1.) For the purpose of every triennial election it shall be the duty of the Returning Officer to compile a Voters' Roll for the Area or each division, as the case may require, and in doing so he shall observe the iollowing rules :- (i.) The Voters' Roll shall consist of the names of all electors enrolled up to the immediately preceding thirty-first day of December on

10664 ss. 9, 10. LOCAl, ATTTHORITIES. Local Authorities Acts Amendment Act. 14 GEO. V. No. 25, the Electoral Roll or Rolls of the Electoral District or Districts comprised within the Area or division, as the case may be; (ii.) The Voters' Roll shall be in the form pre- . scribed for the said Electoral Rolls, and shall be a correct alphabetical roll showing the names, numbered in regular arithmetical order, beginning with one, of all electors: Provided that jn an undivided Area the Returning Officer shall, wherever practicable, use the Electoral Roll or Rolls (as compiled up to the immediately preceding thirty- first day of December) of the Electoral District or Districts comprised within the Area as the Voters' Roll for such Area, with such eliminations from or corrections in such Electoral Roll or Rolls as may be necessary in consequence of the boundaries of the Area not being conterminous with such Electoral District or Distticts~ and in such case the preparation of a separate Voters' Roll in the form prescribed by the foregoing provisions. of this subsection shall not be necessary. (2.) The Returning Officer shall furnish copies of the Voters' Roll (or of any Electoral Roll or Rolls to be used as a Voters' Roll) to any person requiring them,. on payment of a sum not exceeding one shilling for every copy thereof: (3.) Electoral Registrars throughout the State shall~ upon the application of a Returning Officer under this Act, place their rolls and all papers, documents, and information in their possession at the disp<Jsal of such Returning Officer, and shall advise and furnish such assistance to such Returning Officer as may be reasonably required to facilitate the preparation of Voters' Rolls or the use of Electoral RoUs as Voters' Rolls." Amendment 9. In subsection two of section twenty-two of the of B. 22. Principal Act, the word" March" is repealed and the word "April" is inserted in lieu thereof. Amendment 10. Section twenty-four of the Principal Act is of s. 24. repealed, and the following section is inserted in lieu thereof :- Extra- ordinary vacancy. " [24.] When any extraordinary vacancy arises in the office of Chairman or member the Local Authority shall~ at a special meeting called for the purpose, appoint a. qualified person to be Chairman or member in his stead.

LOCAI~ AUTHOluTIES. ss. 11-13. 10665 1923. Local Authorities Acts Amendment Act. If a sitting member is appointed to be Chairman to fill an extraordinary vacancy, he shall forthwith vacate his office as member, whereupon an extraordinary vacancy in that office shall arise, and the Local Authority shall appoint a qualified person to be a member in his stead. If after the expiration of fourteen days from the time appointed for the special meeting as aforesaid no t;hairman or member, as the case may be, is appointed, the Governor in Council may appoint a qualified person to fill such vacancy: 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 a qualified person to fill such vacancy.- A person appointed under this section to fill any extraordinary vacancy shall, ;'lubject to this Act, hold office for the remainder of the period for which his predecessor was elected or appointed." 11. The following provision is added to section Amendment twenty-seven of the Principal Act:- of s. 27. " The Governor in Council shall appoint some person to carry on until the first meeting of the new Council all works authorised or commenced before the dissolution of the Council, and to pay all expenses connected there- with and all administration and office expenses; and for this purpose such person shall, until that meeting, be deemed to be the Local Authority, and may exercise all the powers thereof." 12. In section thirty-two of the Principal Act, after Amendment the words "Local Authority" the words "or Joint of s. 32. Local Authority" are inserted; and after the words "Local Fund" the words "or Common Fund" are inserted. 13. The following provision is added to section Amendment forty-four of the Principa,l Act :_ of s. 44. "From and after a date to be fixed in that behalf by the Governor in Council" by Order in Council published in the Gazette, it shall not be competent for any Local Authority to appoint as Clerk any person who is not the holder of a certificate granted under the foregoing regulations: Provided that nothing in this

10666 ss. 14,15. LOCAL AUTHORITIES. Local Authorities Acts Amendment Act. 14 GEO. V. No. 25, provision shall apply to the continuance in office as Clerk by a I.ocal Authority of any person who is not the holder of such certificate." Amendment of R. 57. 14. In section fifty-seven of the Principal Act, all words after the words "within the Area" to the end of the said section are repealed. Classifi· cation of roads. Minimum standard width of roads. 15. After section fifty-seven of the Principal Act the following sections are inserted : - " [57A.] (1.) Roads shall be classified by the Local Authority in relation to the use which they are required to serve. (2.) The classification of roads shall be as follows:- (a) Principal roads ; (b) Secondary roads; (c) Residential roads, being roads primarily for access to residences ; (d) Lanes, being roads primarily for access to the back of premises; (e) Pathways, being roads exclusively for foot- passengers and such classes of vehicles drawn or propelled by foot-passengers as may be prescribed. (3.) The provisions of this Act with respect to the classification of roads shall, unless inconsistent with the context, be deemed to include aiteration of classification and reclassification. [ 57B. ~ (1.) There shall be a minimum standard width for each class of roads, that is to say-. (a) For a principal road, eighty feet; (b)1 For a secondary road, sixty-six feet; (c) For a residential road, sixty-six feet; (d) For a lane, twenty-two feet; (e)' For a pathway, twelve feet. (2.) In the case of a road in existence on the first day of January, one thousand nine hundred and twenty- four, the fact that the road is less than the minimum standard width for a particular class shall not preclude it from being assigned to that class.

LOCAT-J AUTHORITIES. s.15. 10667 192:3. Local Authorities Acts Amendment Act. -------------- [57c.] (1.) Subject to this Act every new road New road!! shall- opened. (a) Be classified before it is opened; and (b) Be opened to or beyond the minimum standard width for its class. (2.) Provided that in the case of a new residential road the Local Authority may, on such terms as it deems proper, permit the opening of a residential road of less than the minimum standard width: But any such residential road shall not have less space than four feet for a footway on each side and fourteen feet between the footways, together with such turning and passing places of additional width for vehicles as the Local Authority may determine. [57n.] (1.) The Local Authority shall cause to be Road map prepared a road map and road register of the Area. an~ t regIs er. (2.) The road map shall show- (a) Every road; and (b) Every such road which has been classified or aligned, or the levels of which have been fixed; and (c) The classification of the roads classified. (3.) The road register shall show- (a) Every road; and (b) Every such road which has been classified or aligned, or the levels of which have been fixed; and (c) Full particulars of the classification, alignment, and levels as fixed from time to time. (:t.) The said map and register may contain such other particulars as may be prescribed or as the Local Authority may determine. (5.) From time to time as new roads are opened, or as roads are classified, or asunaligned roads are aligned, or as levels are fixed, these facts shall be shown and entered upon the said map and register. (6.) The said map and register shall be open to inspection. (7.) Upon application and payment of the prescribed fee, any person may obtain from the Local Authority a copy of or extract from the said map or register, or a certificate under the hand of the proper officer of the Local p

10668 s.16. LOCAL AUTHORITIES. Local Atlthorities Acts Amendment Act. 14 GEO. V. No. 25,. Authority as to the classification, alignment, or levels. of any road, or as to the fact that the classification J. alignment, or levels has or has not been fixed. Powers as to roads. (8.) This section shall apply only to Cities and Towns: Provided, nevertheless, that the Governor in Council may at any time, by Order in Council, apply the whole or-. any specified part of this section to any Shire or specified part of a Shire. [57E.] (1.) Without limitation of any other power- conferred by this Act the Local Authority may- (a) Make surveys for a new road; (b) Open and construct a new road; (c) Increase the width of a road to any width. deemed necessary; (d) Divert a road; (e) Cause to be raised or lowered the soil of a. road; (f) In any case where a rearrangement of roads has been made in any locality in a City or Town (or in any locality in a Shire to which the provisions of this paragraph have been ex- tended by Order in Council), close, with the approval of the Governor in Council, any existing road which is no longer required; and thereupon, notwithstanding any other Act to the contrary, the land comprised in such road so closed shaH become vested in the Local Authority and may be sold or otherwise dealt with by it, and the proceeds of any such sale or other dealing shall be paid into the Local Fund; . (g) For such purposes and for such time as may be necessary, temporarily close any road. (2.) The power of the Local Authority to provide any road shall include the' power to provide- (a) Any bridge, causeway, or other work over any water or depression crossing the line of the road; and (b) Any ferry, ford, or other work over water crossing the line of the road." Amendment. 16. In section fifty-nine of the Principal Act, after of s. 59. the word "aqueducts" the words "aviation stations"

I,OCAL AUTHORITIES. ss. 17, 18. 10669 1923. Local Authorities Acts Amendment Act. are inserted; also, after the words "rubbish depots" the words "saleyards for the sale of animals" are inserted. . 17. After section 59A of the Principal Act, the followjng sect;.on is inserted : - "[59B.] Notwithstanding the provisions of any other Resumption Act, where the Local Authority has, after the passing of : ~ r: ments "The Local Authorities Act Amendment Act of 1923," approved by entered into an agreement to take or acquire any estate Minister. or interest of any person in any land required, and in such case the compensation made or to be made has been agreed on between the Local Authority and such person and is of the amount or value of one thousand pounds or upwards, no such agree- ment shaJJ have any force or effect or be binding upon the parties until the same, setting forth the true and fun compensation which has been made or is agreed to be made to such person· in respect of such taking or acquirement, has first been submitted to the Minister for his approval, and the Minister, notwithstanding any such agreement or that the compensation agreed upon has been made by the Local Authority to such person, may, in his discretion, require that the compensat'on to be made for such taking or acquirement shall be left to be determined under*" The Public Works Land Resumption Acts, 1906 to 1917," and upon such requirement such compensation shall be determined accordingly, and may be determined at an amount or value less than one thousand pounds, and the compensation so determined shall be the compensa- tion to be made for such taking or acquirement; and if compensation has already been made pursuant to any such agreement and is less than the compensation so determined, the Local Authority shall pay over the balance due to such person, and if the compensation so made is more than the compensation so determined, such person shall refund the excess to the Local Authority." 18. Section eighty-three of the Principal Act is repealed, and the following sections are inserted in lieu thereof :- "[83.] (1.) Without limitation of any other power Widening "f conferred by this Act, the Local Authority may increase roads. the width of any road by including in the carriage-way * 6 Edw. VII. No. 14, 7 Geo. V. No. 6, and 8 Geo. V. No. 20, 8upra, pages 8211 and 8362.

10670 Realign. ment. s.18. IJOCAL AUTHORlTIES. Local Authorities .!lets Amendment Act. 14 GEO. V. No. 25, - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - the whole or a part of the footway, and acquiring from an owner of abutting land the whole or a part of a new footway, subject (if deemed p:wper) to any reservation of all or any of the rights hereunder specified in favour of such owner. (2.) Any land required for widening a road in accordance wi.th this section may be acquired subject to a reservation of such of the following rights in favour of the owner as the Local Authority may at or before the time of acquisition determine, that is to say- (a) A right to the ownership, possession, occupa- tion, and use of any existing building room or cellar, so far as the same is at a specified height or depth above or below the level of the new footway, and subject to the right of the Local Authority to make such structural alterations thereof as may be deemed necessary by it; (b) A right to erect any building in accordance with this Act at a specified height above the level of the new footway and extending there- over, and to own, possess, occupy, and use the same; (c) A right of support for any structure as mentioned in paragraph (a) or paragraph (b) of this subsection. [83A.J (1.) The Local Authority may cause any aligned road to be realigned in order to widen the road. Any realignment under this section may be carried into effect- (a) By the acquisition of the necessary land; or (b) Under the next succeeding subsection hereof. (2.) The Local Authority may serve notice upon the owners of lands affected by the realignment; until such notice is served the interests of such owners shall not be affected by the realignment. After such notice has been given the owner of any land or building or work affected by the realignment shall not construct, build, place, reconstruct, rebuild, replace, or repair any building or work or portion of a building or work standing upon the land between the old alignment and the new:

LOCAL AUTHORITIES. s.18. 10671 1923. Local At~ thorities Acts Amendment Act. Provided that the Local Authority may approve of the execution of minor and not substantial repairs in order to permit of the reasonable preservation of any .existing building or work. The land between the old alignment and the new shall not be taken by the Local Authority or form part of the road unless or until such land has been cleared of buildings and structures and the Local Authority has compensated the owners and occupiers, as next herein- after provided, for any injurious effects as hereinafter provided, but upon making such compensation the land in respect of which it has been made shall forthwith be deemed to be dedicated as part of the road. Compensation for any injurious effects suffered by reason of the realignment may be claimed, but shall be limited to payment of the value of the land taken by reason of the realignment, and such value shall be ascer- tained and such compensation shall be payable as of the date when such land is cleared of buildings and structures by the owner or occupier, whether for the purpose of rebuilding to the new alignment or not. (3.) Nothing herein shall be construed to prevent the Local Authority from at any time purchasing or resuming any or all of the lands affected by the realignment. [83B.] The Local Authority may control and regulate, Local and may undertake- Authority (a) The planning of new roads and subdivisions; ~ :~ late the (b) The rearrangement of existing roads and of~ ~ : ~ ~ isions parcels of land taken or acquired by it ; &c. • (c) The improvement and embellishment of the Area. [830.] (1.) A new road shall not be opened by any New roads private person or company, and land shall not be sub- : ~ divisions divided by any private person or company except in by private accordance with this Act. persons. (2.) For the purposes of this section any road which Blind road. does not give access at both ends to either a principal road, secondary road, or residential road, shall be deemed to be a blind road. (3.) A road other than a pathway shall not beo.pening opened as a blind road- blmd roadil. (a) Unless there is also provided at least one pathway to give access from the blind end into a principal road, secondary road, or residential road; or

10672 S.18. LOCAl. AUTHORITIES. Local Authorities Acts Amendment Act. 14 GEO. V. No. 25, (b) Unless such road gives i1ccess at its blind end to a railway station, wharf, reserve, river- bank, lake, sea-beach, or the shore of any tidal water; or (c) Except where, in exceptional circumstances, the Local Authority approves. A pathway shall not be opened as a blind road unless one end communicates with a principal road, or secondary road, or residential road, and the blind end gives access to a. railway station, wharf, reserve, river- bank, lake, sea-beach, or the shore of any tidal water. Junctions. (4.) At any junction or intersection made by opening any road, the person opening the road shall make pro- vision for the planning of t.he corners formed at such junction or intersection to the satisfaction of the Local Authority, in such manner as will facilitate the flow of traffic: Provided that nothing in subsections three .and four hereof shall apply where the land is not within a township 0,' within a shire or division of a shire declared by the Governor in Council to be a residential district. Number of houses in residential district. (5.) The Local Authority may, with respect to any residential district or other specified part of the Area approved by the Governor in Council in that behalf, fix the number of houses per acre which shall be the maximum standard number permitted in any future subdivision of land within that district or part of the Area: Provided that the standard number of houses shall be so fixed as to provide a minimum area for each house of sixteen. perches. In ascertaining the area for the purpose of applying such standard, the whole area of the land proposed to be subdivided, including any proposed roads, reserves, open spaces, and the like, shall be embraced. In any subdivision made after a maximum standard number of houses per acre has been fixed, there shall not be a greater number of separate parcels per acre than the maximum standard numbp,r so fixed: Provided that in any particular case of subdivision the Local Authority may vary the maximum standard number where by agreement with the Local Authority special provision is made for roads, reserves, open spaces, and the like.

LOCAL AUTHORITIES, s. 18. 10673 1923. Local Authorities Acts Amendment Act. Until a residential district has been declared by the 'Governor in Council, as hereinafter provided, or other specified part of the Area has been approved by the Governor in Council as aforesaid and until a maximum standard number of houses per acre has been fixed within such district or part of the Area, no map or plan of subdivision of land in which any allotment or portion of such land is shown as of less area than sixteen perches shall be approved or registered; and not more than one house shall, after the passing of " The Local Authorities at Acts Amendment Act 1923," be erected or rebuilt or re-erected or be substantially rebuilt or re-erected on an allotment or portion of land unless with the approval of the Local Authority. (6.) A road shall not be opened, and, in a case where Pl'elimin, .a subdivision provides for the opening of a road, land~ ries . '8 h a 11 not b e subd 1 ' VI 'ded, unt' 1 l - \ o 'o o a o d p , e & nm c. g (11) An application in respect thereof, accompanied by plans and specifications thereof (which plans of a subdivision, if the Local Authority so requires, shall show the contours of the land and all known flood levels) has been approved under this Act; and (b) The roads have been constructed and drained to the satisfaction of the Local Authority in accordance with the approved application, plans, and specifications, and with any conditions attached to any such approval; and (c) The applicant has placed in the road per- manent survey marks in the position and manner and of the character required by the Local Authority; and (d) The clerk has certified to the applicant that the requirements of this Act, other than the requirement for the registration of plans, have been complied with; and (e) A plan of the road or of any subdivision con- taining the road (such plan bearing the signatures of all necessary parties, a statement containing such particulars as may be neces- sary to identify the title to the land comprised in such plan, and a notation of approval under the seal of the Local Authority

10674 S,18. LOCAL AUTHORITIES. Local A'uthorities Acts Amendment Act. 14 GEO. V. No. 25, and being accompanied by the aforesaid certificate) has been registered in the office of the Registrar of Titles. Works of (7.) Any applicant, instead of executing the work of drainage, &0. constructing and draining the roads, as hereinbefore provided, may either- (a) Pay to the Local Authority such sum as may be agreed upon with the Local Authority as the cost of executing such work, and agree with the Local Authority as to when such work shall be executed by the Local Authority; or (b) Give to the Local Authority security to the satisfaction of the Local Authority that he will execute such work within such time as may be fixed by the Local Authority. Prelimin- (8.) In a case where a subdivision does not provide sauribedsitvoision. for the opening of a road, land shall not be subdivided until- (a) An application in respect thereof, accompanied by plans (which plans, if the Local Authority so requires, shall show the contours of the land and all known flood levels) has been approved under this Act; and (b) The clerk has certified to the applicant that the requirements of this Act, other than the .requirement for the registration of plans~ have been complied with; and (c) A plan of the subdivision (such plan bearing the signatures of all necessary parties, a statement containing such particulars as may be necessary to identify the title to the land comprised in such plan, and a notation of approval under the seal of the Local Authority and being accompanied by the aforesaid certificate) has been registered in the office of the Registrar of Titles. Registered plans to be deposited. (9.) A copy of every such registered plan shall be deposited at the office of the Local Authority and there recorded, and upon any failure so to do within one month after such plan has been. so registered the applicant shall be liable to a penalty not exceeding twenty pounds.

LOCAL AUTHORITIES. s.18. 10675 1923. Local Authorities Acts Amendment Act. Every sale lithograph or print relating to such sub- Sale divided land shall show the contours of the land and all lithographs. known flood levels in accordance with the plans submitted to the Local Authority where such particulars have been required to be shown on such plans. (10.) Applications under this section shall be SUb-Applications, mitted to the Local Authority. &c. The Local Authority may approve of any such application, or approve, subject to conditions, or disapprove. . The Local Authority shall cause notice to be given to the applicant of its decision. In the case of an approval given subject to conditions or of a disapproval, the reasons therefor shall be stated in the notice. (11.) In respect of any application for approval of Matters to be tchoenso. ldpeernaitnl. gOonf - a road, the Local Authority shall take into caooppnpesnroiidnvegm!eogdf in (a) The situation and planning of the road in road. relation to public convenience, present and prospective, and to inter-communication with neighbom:ing localities within or without the Area; and (b) The method of draining the road necessary in the circumstances, present and prospective, and the disposal of the drainage; and' (c) Whether or not the owner will transfer or convey to the Local Authority in fee-simple for a nominal consideration any necessary drainage reserves; and (d) The character or construction of the roads necessary in the circumstances, present and prospective; and (e) Whether or not k~ rbing, guttering, and foot- paths should be provided; and (I) The treatment ot junctions or intersections of roads; and (g) The classification of the road; and (h) Whether the district is a residential district; and (i) The necessity for the planting of trees with tree-guards in the road; and

10676 s. 18. LOCAL AUTHORITIES. Local Authorities Acts Amendment Act. 14 GEO. V. No. 2.5. (j) If any proposed new road will be a lane, whether or not a lane should be permitted. in the circumstances. Or in (12.) In respect of any application tor approval of a saupbpdroivviisniogn. subdivision of land (whether the subdivision involves the opening of a road or not) the Local Authority shall take into consideration- (a) The size and shape of each separate parcel; and (b) The length of road frontage of each separate parcel; and (c) The situation and planning of the separate parcels in relation to public convenience, present and prospective; and (d) The existing and proposed means of access to each separate parcel; and (e) 'Whether or not the owner will transfer or convey to the Local Authority in fee-simple for a nominal consideration any necessary drainage reserves; and (f) Whether the district is or probably will be a residential district; and (g) Whether the land or any part thereof is low lying so as not to be reasonably capable of being drained or is not fit to be used for residential purposes; and (h) The maximum standard number of houses to the acre, if any, fixed by the LocaJ Authority; and (i) The amount of public garden and recreation space to be provided in the land to be sub- divided: Provided that nothing in this subsection except paragraph (d) hereof shall apply where the land is not within a township, or within a district which is or probably will be a residential district. Gas maill~, (13;) (i.) The Local Authority may, when giving its &c. approval for the opening of any road, specify in' the approval and cause to be indicated on the plan the position in which water and gas or electric mains shall be placed when laid in the road, and the position where the gutters or road-drains are to be constructed:

LOCAL AU'l'HORI'rIES. s. 18. 10677 1923. Local Authorities Acts Amendment Act. Provided that before the Local Authority proceeds to indicate on the plan such position relating to any mains, the representatives of the water, gas, or electric jnterests shall be consulted in order to determine the :suitability of such position. When water or gas or electric mains are thereafter laid in such road by any person, whether under the .authority of any statute or otherwise, they shall, unless the Local Authority otherwise permits, be laid in the positions so indicated. (ii.) "Where any person opens a new road or sub· divides any land fronting any existing road which is not then constructed' in some permanent manner, the Local Authority may require sucb person to make such provision (by laying conduits across the road at suitabJe intervals) as will enable gas, water, and electric service pipes to be laid to connect the mains with the various parcels of land fronting the road and owned by that person without ,digging up the constructed carriage-way 01 the road. Any such conduit shall be laid in such manner as the Local Authority may require. (iii.) The laying of pipes pursuant to this subsection shall be deemed to be a portion of the work of the construction and drainage of a new road, and the other provisions of this section shall apply thereto accordingly. (iv.) This subsection shall come into force in an Area ()r part of I:m Area as and when specified in that behalf by the Governor in Council by Order in Council, but shall not, so far as it relates to water mains, apply or be made to apply to the District, for the time being, of the Metropolitan Water Supply and Sewerage Boa:d. (14.) As soon as the plan of any road or of any Dedication :subdivision containing a road has been registered in the of road. office of the Registrar of Titles, the road shall be deemed to be opened as a road and thereby to be dedicated accordingly. (15.) Any approval given under this section shall Lapse,&c.,of lapse at the end of two years from the date thereof orapproval. :such longer period as may be fixed in the approval, if the requirements of this section have not been complied with in respect of- (a) The construction and draining of roads ; and (b) The giving of security; and

10678 s. 18. LOCAL AUTHORITIES. Local Authorities Acts Amendment Act. 14 GEO. V. No. 25, (c) The making of payments to the Local Authority in respect of the making, draining,. and marking of roads. The Local Authority may if good cause is shown grant an extension or renewal of such approval beyond such period, and the foregoing provisions of this sub- ~ ection shall apply to any extension or renewal under this section as if such extension or renewal were an original approval. Such approval may also be cancelled by the Local Authority upon application by the holder of the approval at any time before the plan of the road or subdivision is registered in the office of the Registrar of Titles. On such lapse or cancellation the Local Authority shall refund any unexpended balance of moneys paid to the Local Authority in respect of the execution of works in connection with such approval. Appeals, (16.) Any applicant for approval to open any new road or to subdivide any land may appeal to the Minister against the decision of the Local Authority or any neglect or delay of the Local Authority to give, within forty days (or such further time as the Minister may allow) after service of his application, a decision with respect thereto. The Minister, or some person being an authorised survey 01' u,ppointed by him in that behalf, may summon witnesses, administer an oath, hear evidence, and deter-:- mine the matter, having regard to this Act, the by-laws,. the circumstances of the case, and the public int~ rest. The decision of the Minister or such person appointed by him as aforesaid upon any such appeal shall be final,. and shall be binding upon the Local Authority and the appellant, and for the purposes of this Act shall be deemed to be the final decision of the Local Authority. The costs of such appeal shall be in the discretion of the Minister or such person appointed by him as aforesaid. Default. (17.) If any person fails to execute any work which it is his duty to execute under this section, the Local Authority may execute the work and may recover the expenses incurred from such person. Restriction (18.) It shall not be lawful for the Registrar of ~ : gistration Titles to register any instrument dealing with land in a of subdivision made after the first day of January one 'nstruments. thousand nine hundred and twenty-four, unless the plan of subdivision (with all roads, if any), has been certified

LOCAL AUTHORI'rIES. s. 18. 10679 1923. Local A1lthorities Acts Amendment Act. to by the proper officer appointed by the Local Authority for that purpose, or unless in one of the cases following, that is to say- (a) When the instrument is a deed of grant from His Majesty; (b) When the instrument, whether relating to land held under the provisions of *" The Real Property Acts, 1861 to 1R87," or not, is executed in pursuance of an agreement in writing made before the first day of .January, one thousand nine hundred and twenty-four, !1nd conforms in all respects with the require- ments of the law relating t~ the subdivision of land in force at the jjime of the execution of such instrument, and such agreement is produced to the Registrar of Titles at the time of registration, and the date of making the agreement is proved to his satisfaction; (c) When the instrument is an application to bring a portion of land under the provisions of *" The Real Property Acts, 1861 to 1887"; (d) When the instrument is a conveyance or transfer of land to His Majesty or any person on behalf of His Majesty, or on account of the Public Service. (19.) It shall be lawful for the Registrar of Titles to~ urrender require the purchaser of any portion of land who also ~ ~ s: ~ ~ tam is the registered proprietor of land contiguous thereto to surrender the certificate of title or deed of grant for such last-mentioned parcel of land and take out a new certificate of title including such last-mentioned parcel ()f land and the portion of land purchased by him. (20.) Nothing in this section sha11- Pri,?r ( 1 . . ) P i'ec I u ' ae t h e opem . ng 0 f any 1'oa d m . accor d - savmgs. ance with any approval which was given by the Local Authority before the first day of January, one thousand nine hundred and "Lwenty-fou1'; or (ii.) Preclude the subdivision of any land in accord- ance with- (a) Any approval which was given by the Local Authority before the first day of January, one thousand nine hundred and twenty- four; or * 25 Vie. No. 14 and amending Acts, sup ra, pg,ges 2984 et seq.

10680 s.19. LOCAr~ AUTHORITIES. Local Authorities Acts Amendment Act. 14 GEO. V. No. 25. Dwellillg- houses on low-lying land. (b) Any plan of subdivision which was made- before the first day of January, one thousand nine hundred and twenty-four,. and whieh fulfils in all respects the require- mentsofthe law relating to the subdivision of land in force at the time of the making of such plan; or (iii. ) Preclude the registration by the Registrar of Titles 01 any instrument relating to land fronting any such road or in any such sub- division as last aforesaid; or (iv.) Be deemed to render any agreement to selI~ let, or otherwise dispose of any land illegal or void by reason merely that it is entered into before an application in respect of the subdivision has been approved by the Local Authority, but the agreement shall be deemed to be made subject to such approval being obtained; or (v. ) Affect or prejudice any estate, right, title, or interest of any person who is not a party to. the opening and dedication of the road unless the opening and dedication might have been lawfully made by the parties thereto without his concurrence; or (vi.) Apply to roads opened at the request of the Local Authority. [83D.] It shaH not be lawful for any person upon land which is so situated as not, in the opinion of the Local Authority, to be reasonably capable of being drained, to erect any building to be used wholly or in part as a dwelling, or to adapt any building to be used wholly or in part as a dwelling, except with the express. permission of the Local Authority, and, if such permis- sion is given, subject to and in accordance with the conditions and restrictions prescribed by by-laws which the Local Authority may from time to time make in that behalf, which by-laws the Loc2J Author:ty is hereby empowered to make." Repeal of 19. Section eighty-four of the Principal Act is 8.84. repealed.

LOCAI.1 AUTHORI'fIES. ss. 20, 23. 10681 1023. Local Authon'ties Acts Amendment Act. 20. In the third paragraph of subsection two of Amen~ ment section ninety-five of the Principal Act the following of s, 9.). words are inserted :- "and for the extirpation and destruction of noxious weeds or plants growing on the road so enclosed by such gate and to keep such road free from the same." 21. Section one hundred and five of the Principal Repeal of Act is repealed. s. 105. 22. The following amendments are made in sub- Amendment .section (i.) of section one hundred and eleven of the of s. 111. Principal Act :-After the word "pound" the word "nearest" is repealed and the words" most convenient" are inserted in lieu thereof. After the word "land" (where it first occurs) in the said subsection, the words "or if such land is equidistant or nearly so from two such pounds, then to either of them" are repealed. In paragraph six of the said subsection the word "nearest" is repealed. The following amendments are made in subsection (ii.) of section one hundred and eleven of the Principal Act : - In the second paragraph, after the word "claimed" the words "(except a statement of the time and place of intended sale)" are inserted. The third paragraph is repealed, and the following paragraph is inserted in lieu thereof :- "He shall at the expiration of the said period of four days, if the animal is not sooner released, either- (a) Deliver it to such poundkeeper as afore- said to be impounded; or (b) Deliver it to the proprietor and may demand the charges and fees next hereinafter mentioned, and if the pro- prietor fails to pay the same imme- diately on demand the amount thereof shall be recoverable in the same manner as is provided in the next succeeding subsection for the recovery of damages." 23. Section one hundred and twenty of the Principal Amendment Act is amended as follows :_ of s. 120. (a) The words "cattle, horses, or sheep" are repealed and the word " animals " is inserted in lieu thereof;

10682 ss. 24-26. LOCAL AUTHORITIES. Local A_1lthorities Acts Amendment Act. 14 GEO. V. No. 25, (b) The word "ten," wherever it occurs, is re- pealed, and the word " three" is respectively inserted in lieu thereof; (c) Paragraph (c) of the proviso is repealed. Amendment 24. After the first paragraph of section one hundred of s. 122. and twenty-two of the Principal Act, the foUowing paragraph is inserted;- "Provided that if in the opinion of the Chairman or an officer of the Local Authority appointed in that behalf any animal impounded is not of such value that when sold in ordinary course the proceeds would be sufficient to defray the fees, rates, and charges under this Act, it may be sold on the sale day next after the fifth day after it was impounded." The following proviso is added to section one hundred and twenty-two of the Principal Act ;- "Provided that the Mayor or Chairman of the Local Authority having jurisdiction oVer the pound, upon being satisfied that an animal in such pound is by reason of disease, injury, starvation) or any other cause, too infirm to be of further ser.vice or that if such animal were offered for sale there would be no reasonable prospect of selling it, may by order under his hand authorise the destruction of such animal, and thereupon· such animal, if not released from the pound, may be destroyed, and all fees, rates, and charges due in respect of the impound- ing of the animal, together with all reasonable expenses incurred in connection with its destruction, may be recovered by the Local Authority from the owner as a debt." Repeal of 8. 124. 25. Section one hundred and twenty-four of the Principal Act is repealed; Provided that the said section shall remain in force in each Area until the Local Authority of such Area has made by-laws regulating the time, place, and mode of selling impounded animals or until the first day of July, one thousand nine hundred and twenty-four, whichever is the earlier date. - 26. After section one hundred and thirty-nine of the Principal Act the following section is inserted;- Wrongful "[139A.] Any person who is found in possession of Ipmospsoeussnidoned. d any animal which has been impounded ' and which has animals. escaped or has been unlawfully let out of or has been unlawfully rescued from any pound, and who does not

I~OCAI~ AUTHORITIES. ss. 27-30. 10683 1923. Local Allthoritics Acts Amei!Clment Act. forthwith upon the demand ot the poundkeeper deliver such animal to be again impounded, shall be liable to pay all fees, rates, and charges payable in respec:t thereof, and jn addition, to a penalty'not exceeding twenty pounds. Upon proof of such demand as aforesaid being made by the poundkeeper with respect to any animal which has been impounded, it shall lie upon the defendant to prove his right to retain possession of the animal as against the poundkeeper and all other persons." 27. After section one hundred and forty-eight of the Principal Act the following section is inserted :- "[148A.] The Local Authority may from time to time Power to take, ~ urchase, . erec~ , ~ ent, contract for the use o~ or ~ : ~ ~ ~ ~ ~ es otherWIse provIde wIthm the Area land and dwellmg- for houses as residences for all or any of the employees of the emploY8es. Local Authority, and permit the occupation thereof by any such employees upon such terms and conditions as it may determine." 28. After section one hundred and fifty-one of the Principal Act the following sections are inserted :- "[ lSlA.] The Local Authority may ::tclvertise the Attraction advantages of the Area to attract settlers or tourists. of settlers. [lSlB.] (1.) The Local Authority may 'establish, Aviation. maintain, and regulate public aviation stations for the starting, landing, housing" and repair of aerial craft. (2.) The LOCH,! Authority may make charges for the use of an aviation station, or for services rendered thereat or in connection therewith. [151e.] The Local Authority may pay such sum or Litigation sums as it may deem fit towards the expenses of any ~ o~ co~ mon litigation in respect of matters of common interest to mere, . Local Authorities generally." 29. After section one hundred and fifty-four of the Principal Act the following section is inserted:- "[154A.] The Local Authority may, out of the Power to L f uoncdaleFstuanbdlI · , shpeady fionr atnhye ybeeanreftiot oafnyI . tsbeonwenfitemorpp I oryoeveisde b nyt ebsumebnpselfiodityisefeeusn, d. way of grant or subsidy such amount as it thinks proper." 30. Subsection ten of section one hundred and fifty- Amendment eight of the Principal Act is repealed. of s. 158. Q

1068·1 ss. 31, 32. LOCAL AeTHORITIES. Local A11thorities Acts Amendment Act. 14 GEO. V. !\o. 25, In subsection eleven of the said section the words "and the Workers' Compensation Fund respectively" are repealed. Amendment 31. After subsection five of section one hundred and of s. 159. fifty-nine of the Principal Act, the following subsection is inserted :- " (6.) For the purposes of this section the terms " market places" and "markets" shall include saleyards for the sale of animals." Amendml)ut 32. The following amendments are made in section of s. 167. one hundred and sixty-seven of the Principal Act : - (i.) At the beginning of subsection three the words " Except with respect to the plant commonly known as water hyacinth, which by this Act is declared to be a noxious plant," are inserted; also, after the word" con- ferred" the words" with respect to any weed or plant" are inserted. (ii.) In subsection four, after the word "ownerH the words "or in any case, at the option of the Local Authority, upon both the owner and the occupier or person in charge" are inserted; also, the words "one month" are repealed and the words" ten days" are inserted in lieu thereof. (iii.) In subsection five, the words" one month" are repealed and the words "ten days" are inserted in lieu thereof; also the following words are added to the said subsection: "and in addition all persons upon whom a. notice under subsection fonr of this section has been served and each of them shal.l be liable to a penalty not exceeding twenty pounds, and to a daily penalty not exceeding twenty shillings for each day during which such weed or plant has not been extirpated and destroyed." (iv.) Paragraph (b) of subsection six is repealed, and the following paragraph is inserted in lieu thereof :- "(b) In all other cases from the occupier thereof, or, at the option of the Local Authority, from the owner." The following proviso is added to the said sub- section :- " Provided always that the Local Authority shall have no right of recovery as aforesaid against the owner of land, unless he is also the occupier thereof, if notice under subsection four of this section has not been served upon him."

LOCAL, AUTHORITIES. s.33. 10685 ] 923. Local Authorities Acts Amendment Act. 33. After section one hundred and eighty-six of the Principal Act the following sections are inserted ;- "[186A.] (1.) The Governor in Council may, on the Residential application of the Local Authority- dlstrICts. (a) Declare by Order in Council any defined part of the Area to be a residential district; and (b) Prohibit the erection in such district of any building for use for the purposes of such trades, industries, manufactures, shops, and places of public amusement as may be de- scribed in the Order; and (c) Prohibi the use of any building in such district for an such purposes as last a±oresaid; and (d) Prohibi the erection or use of advertisement hoardi gs in such district; and (e) Regulat the class, quality, or description. of buildin s that may be erected or permitted to con inue (whether erected before or after the pa sing of "The Local Authorities. Acts A mend ent Act of 1923") in such district. (2.) Nothing n this section shall preclude the con- tinuance of the us of any building for any purpose for which such buildi g was used at the date of the Order aforesaid, or for su h other purpose as the Local Authority may in the circum tances deem reasonable. [186B.] (1.) T e Governor in Council may, on the Buil~ ing, application of the ocal Authority, by Order in Council, ~: fi; ' ~~ part. in and with respec to any part of the Area to be defined by such Order- (a) Limit t e use and occupation of lands and buildin s; (b) Limit t e height of buildings; (c) Limit t e proportion of area of each parcel of land w ich may be covered by buildings; (d) Regulat the size of parcels of land. (2.) Notwiths nding any such Order in Council, any person for a period not exceeding five years may continue to use any buildi g existing within any such part for any purpose for ich that building is used at the date of such Order; a d may continue to use any unbuilt- upon land for an purpose for which that land is used at the date of suc Order;

10686 s.33. LOCAL AUTHORITIES. Local Authorities Acts Amendment Act. 14 GEO. V. No. 25, Provided that upon the destruction of any such building (intentional or unintentional) or upon the dis- continuance for six months from any cause of such use of any such building or land, the right of continuance given by this subsection shall cease. Building not [1860.] (1.) A building shall not be erected or used t o o r bueseedn; Icntcd in contravention of this Act. contraven- Any building erected or used in contravention of tion of Act. this Act shaH he deemed to be an unlawful building and may be dealt wi.th accordingly. (2.) A building erected for any purpose other than residential shall not subsequently be occupied or usedfor . residential purposes without the prior consent of the Local Authority. Restrict~ ons [l86D.] The Local Authority may disapprove of the ~; ~ ~ ~ lr; ; t~ ~ s. erection of any building in a manner not in accordance with this Act upon any land- (a) Fronting a road opened after the first day of January, one thousand nine hundred and twenty-four; or (b) Subdivided after the first day of January, one thousand nine hundred and twenty-four. Building [186E.] (1.) Subject to this Act the Local Authority lines, &c. may fix building lines. (2.) A building shall not be erected or be re-erected or be substantially erected or re-erected between the building line and any road or reserve. (3.) In any case where a road less than sixty-six feet wide is opened after the first day of January, one thousand nine hundred and twenty-four, the building line (whether fixed by the Local Authority or not) shall be at a distance of not less than thirty-three feet from the middle line of the road. (4.) Until by-laws are made by the Local Authority fixing building lines, by-laws made under paragraph twenty-six of subdivision six of the Fourth Schedule to this Act shall continue in force until the Local Authority makes such by-laws. (5.) It shall not be lawful to erect or re-erect or substantially erect or re-erect a dwelling house fronting a lane laid out or opened before thefirst day of January, one thousand nine hundred and twenty-four, at a less distance than thirty-three feet from the middle line of such lane."

LOCAL .,:UJTHORI'l'IES. SS. 34-36. 10687 1923. Local Allthordies Acts Amendmcnt Act. 34. After subsection six of section two hundred Amendment and nineteen of the Principal Act, the following subsection of s. 219. is inserted :- " (7.) For the purposes of this section the Brisbane Tramway Trust, constituted under *" The Brisbane Tram- way Trust Act of 1922," shall be deemed to be and from the first day of January, one thousand nine hundred and twenty-three, to have been a tramway company within the meaning of this section, and the provisions of this section shall apply accordingly." 35. Subsection two of section two hundred and Amendment twenty of the Principal Act is repealed and the following of s. 220. subsection is inserted in lieu thereof : - "(2.) In full satisfaction and discharge of all rates due and payable in respect of such main pipes so laid down or constructed, there shall in every year be paid to the Local Authority, according to the actual length of such pipes and the internal diameter thereof, sums at the rate per mile hereunder mentioned, that is to say- £ 8. 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 For the purposes of this section, main pipes shall be deemed to mean main gas pipes, and shall include the principal pipe running lengthwise and extending seventy-five feet or over in any section of a road or lane as distinguished from the smaller pipes supplied from it: Provided that where any such main pipes are laid 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 such main pipes." 36. In the last paragraph of section two hundred Amendment and twenty-six of the Principal Act, after the word of s. 226. " minimum" the words "or is made under the rule contained in subsection three of section two hundred and eighteen of this Act" are inserted. * 13 Geo. V. No. 14, supra, page 10303.

10688 SS. 37-43. LOCAL AUTHORITIES. Local A1lthorities Acts Amendment Act. 14 GEO. V. No. 25, Amf'ndment 37. The proviso to subsection one of section two or s 233. hundred and thirty-three of the Principal Act contained in the second paragraph thereof, is repealed and the following provision is inserted in lieu thereof ; - "Provided that in any area the Local Authority may make and levy a general rate less in amount, in respect of farm land which is not in demand for building sites or residential areas, and which, in the opinion of the Local Authority, is being reasonably used for the purpose of primary production, than the general rate made and levied on other lands, but no such general rate in respect of such farm land shall be less than one halfpenny in the pound." Amendment 38. The proviso to section two hundred and of s. 239. thirty-nine of the Principal Act contained in the second paragraph thereof is repealed. Amendment 39. In subsection six of section two hundred and of s. 250. fifty of the Principal Act, after the word "sailor" the words "or is the widow of a person or a widowed mother of an unmarried son, whose death was the result of, or aggravated by, war service" are inserted. Amendment 40. In the first paragraph of section two hundred of s. 255. and fifty-five of the Principal Act, the word "five" is repealed and the word "eight" is inserted in lieu thereof. The proviso to the said section is repealed. Alnendment 41. In section two hundred and sixty-three of the of 8. 263. Principal Act, the word "four" is repealed and the word " two" is inserted in lieu thereof. Amendment 42. In subsection one of section two hundred and of s. 268. sixty-eight of the Principal Act, the word "seven" is repealed and the word "three" is inserted in lieu thereof. Amendment 43. The first paragraph of section two hundred of s. 276. and seventy-six of the Principal Act is repealed, and the following paragraph is inserted in lieu thereof ;- " Whenever any person or any agent sells or agrees to sell any land, he shall give notice in writing of such sale or agreement for sale within thirty days after the execution of the instrument of transfer or of such agree- ment, as the case may be, to the Local Authority, specifying the description of the land, the amount of consideration paid or agreed to be paid, and the full name and address of the purchaser."

LOCAL AUTHORITIES. ss, 44, 45, 10689 1923. Local Authorities Aets Amendment .fiet. In the second paragraph of the said section, after the word "specifying" the word "the" is repealed and the words "the description of the land, and the full " are inserted in lieu thereof. The following provision is added to the said section :- "Whenever any person has given to the Local Authority any notice of sale under the foregoing pro- visions of this section and subsequently for any reason whatsoever the sale of the land in question is not com- pleted and the title thereto remains in or reverts to or devolves upon the person who has given such notice, such person shall forthwith give notice in writing of that fact to the Local Authority within thirty days after the date of the cancellation or other termination of the agreement for sale. Any person who fails to give any notice required to be given to the Local Authority under this section shall be liable to a penalty not exceeding twenty pounds. The Local Authority may fix and collect a fee not exceeding one shilling from any person who desires to inspect in the valuation book of the Local Authority the entries relating to any parcel of land other than- (a) Land in respect of which he is the owner, lessee, or occupier, or the agent authorised in writing by the owner; or (b) Land adjoining thereto." 44. After the first day of January, one thousand No further nine hundred and twenty-four, no further loans shall be LO: ~ aJ l; ~ ~ ~ 8 granted to a Local Authority under the provisions of Loans Acts. *"The Local Works Loans Acts, 1880 to 1918." 45. Section two hundred and ninety-three of the Principal Act is repeale:l, and the following section is inserted in lieu thereof :- "[293.J Subject to this Act, the Local Authority may Loans .from from time to time bOJ1"f)w money from the Consolidated ~ ~ ~ : ~ ~ ~ ~ ted Revenue of Queensland for the purposes of this Act on the security of the rates and revenues of the Local Authority, The amount that may be so borrowed, the purposes for which the same may be borrowed, the period of the loan, and the rate of interest payable thereon, shall be such as shall be fixed by the Governor in Counci1. * 44 Vic. No. 9 and Amending Acts, supra, pages 2023 et seg. and page 8539.

10690 SS. 46-50. IJOCAL A1JTHORITIES. Local A1lihorities Acts Amendment Act. 14 GEO. V. No. 25, Loans to be Every loan so advanced under the provisions of this hreaplfa- iydeabryly Act shall be liquidated by the payment to the Treasurer instalments. by the Local Authority on the first days of January and July respectiyely in every year of such instalments of principal and interest at the prescribed rate as will permit the s]'id loan to be wholly redeemed within the prescribed period of the said lo::m, and such sums shall continue to be payable until all the moneys advanced from time to time by the Treasurer, together with the interest accrui'1g thereupon, have been so paid. Adjustment. The Treasurer may at any time make any adjust- ment which he considers necessary to be made with respect to the period of any loan or the calculation of interest thereupon or with respect to any other matter requiring adjustment. The provisions of sections two hundred and forty-six and two hundred and forty-seven of this Act shall also apply to every such loan." Amendment 46. In the second paragraph of section two of s. 290. hundred and ninety-six of the Princip8,l Act the words " and confirmed" are repealed. Amendment 4 7. In section three hundred and four of the of s. 304. Principal Act the words "and shaJi be confirmed at a subsequent special meeting of the Local Authority" are repealed. Amendment 48. In section three hundred and five of the of 8. 305. Principal Act the words "in the Gazette and also" are repealed. Amendment 49. In section three hundred and seventy-six of the of s. 376. Principal Act the words "This section does not apply to the Victoria Bridge over the River Brisbane" are repealed. 50. The following subsection is added to section four hundred and seven of the Principal Act :- Classification " (13.) The classification, alignment, and levels of any of roads. road may be proved by the production of the road register or a certificate under the hand of the proper officer of the Local Authority as to the classification, alignment, or levels. The fact that the classification, alignment, or levels of any road has or has not been fixed may be proved by the production of the road register showing the fact or a certificate under the hand of the proper officer of the Local Authority as to the fact.

LOCAll AUTHORI'l'IBS. ss. 51-54. 10691 J9n. Local Avthorities Acts Amendment Act. A certificate purporting to be made for the purposes of this subsection and to be signed by an officer of the Local Authority shall, unless the contrary is proved, be deemed to be a certificate under the hand of the proper officer of the Local Authority within the meaning of this subsection." 51. In paragraph (ii.) of subsection five of section Amendment four hundred and twelve of the Principal Act, the words of s. 412. "in a prepaid letter" are repealed. 52. In subsection two of section four hundred and Amendment twenty-three of the Principal Act, the words " and are in of s. 423. arrear for three years and upwards" are repealed. . 53. After section four hundred and twenty-six of the Principal Act, the following section is inserted:- "[ 426A.] Notwithstanding the provisions of any Act Restriction or Order in Council to the contrary, an Electric Authority ~ v:: : ;to~m which is not the Local Authority having jurisdiction Electri~ . over the road in question shall not construct, fix, or Authont,cs. place in any such road above ground any box or feeder- pillar for the purposes of use in connection with the supply of energy or the examining, testing, regulating, measuring, or controlling of the supply of energy (includ- ing any apparatus for the proper ventilation of any such box or feeder-pillar) except with the consent in writing of such Local Authority: Provided that if such Electric Authority is of opinion that any such consent of such Local Authority has been unreasonably withheld, the Electric Authority shall have the right to appeal to the Minister, and the Minister or some competent person appointed by him in that behalf shall inquire into and determine the matter, having regard to the circumstances of the case and the public interest. And such determination shall be final and binding on the parties, and shall be observed." 54. The Third Schedule to the Principal Act is Amendment amended as follows :_ of Sch. Ill. (i.) The following provision is added to rulo one: " " Voters' Roll" includes every Electoral Roll to be used at any election in an undivided Area as a Voters' Roll." (ii.) In rule five, paragraph (c) is repealed. (iii.) In rule six the word "twenty-eight" is re- pealed and the word "forty-two" is inserted in lieu thereof. (iv.) In rule fourteen the word "less" is repealed and the word" later" is inserted in lieu thereof.

10692 s.55. LOCAL AUTHORITIES. Local Authorities Acts Amendment Act. 14 GEO. V. No. 25, 1923. Amendment 55. The following amendments are made in Schedule of Sch. IV. IV. of the Principal Act:- (1.) The following paragraph is added to sub· division two:- (viiiA.) Regulating and prescribing the time, place, and mode of selling impounded animals. (2.) The following words are added to paragraph (vi.) of subdivision six : - " and fixing the minimum area and frontage of land upon which any building may be erected: Provided that such minimum area for a house shall be not less than sixteen perches." Building lines, &c. (3.) Paragraph (xxvi.) of the said subdivision is repealed, and the following paragraph is inserted in lieu thereof :- (xxvi.) Subject to this Act, fixing building lines and the distance from the middle line of any road "ithin which buildings shall not be erected, and regulating or preventing the erection of dwelling- houses so that the front elevation thereof faces any lane or pathway. (4.) The following paragraph is added to subdivision thirty-one :- (iii.) The establishment, regulation, licensing, and control of saleyards for the sale of animals. (5.) The following paragraphs are added to sub- division fifty-one:- Opening up (iii.) Regulating, controlling, and supervising the opening and roads. breaking up of roads by any authority or person authorised by law to provide public services in, on, along, under, or over such roads. Road maps (iv.) Prescribing the particulars which shall be shown on the road and registers. map and in the road register, and the fees payable for copies of or extracts from such map or register, or certificates as to classification, alignmcnt,orlevem. Weight of (v.) The regulation of the weight of loads or of 1ho use of loads, &0. vehicles likely to injure roads. (6.) After paragraph (xxix.) of subdivision sixty- three, the following paragraph is inserted:- Vehicles on (xxx.) Defining the elasses of vchicles that may be drawn or pathways. propelled by foot passengers upon or along pathways. (7.) Subdivision sixty-five is repealed, and the following subsection is inserted in lieu thereof under the following subheading :- EXPENSES OF MEMBERS. Allowances (i.) Prescribing the payment to members (including the Chairman to members. or Plesident), out of the Local Fund or Common Fund, of expenses incurred by them and allowances in attend.ing meetings of the Local Authority or Joint Local Authority. Provided that- (a) No payments by way of expenses shall be made to any member in excess of the actual money expended by the

LOCAL AUTHORITIES.-LOCAL BODIES. s. 56. 10693 14 GEO. V. No. 8, 1923. Local Bodies' Loans Guarantee Act. member in payment of the fare by coach, railway, steam- boat, or other public conveyance (or in lieu thereof a sum of one shilling per mile computed for one way only), for the distance actually and necessarily travelled by the nearest practicable route between the residence of the member and the phwe of meeting; and (b) No allowance for attending meetings, exclusive of actual travelling expenses or expenses computed under paragraph (a), shall exceed one guinea per day for each sitting day; and (c) No such payments to any member in any year shall in the aggregate exceed fifty pounds. But this provision shall not be construed so as to affect any allowance to the Chairman or President granted under this Act. (ii.) Prescribing the payment to members (including the Chairman or President) out of the Local Fund or Common Fund of reasonable expenses incurred by them in and in connection with the inspection of works or any necessary journey having for its object the further- ance of the business of the Local Authority. 56. *" The Undue Subdivision of Land Prevention Repeal of Act 0/ 1885 " is repealed. 49 Vie. No. 15. LOCAL BODIES' LOANS. An Act to Authorise the Treasurer on behalf of the 14 Geo. V. No. 8. Government to Guarantee the Repayment of THE LOCAL Moneys borrowed by Local Bodies from Banks ~ o~r::' or other Financial Institutions , and for other A G C U T A O R F AN 1 T 92 E 3 E . consequential purposes. [ASSENTED TO 28TH AUGUST, 1923.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as "The Local Bodies' Short title. Loans Guarantee Act at 1923." 2. In this Act the term "Local body" includes Interpreta' any Local Authority, Water Authority, Water Board, tion-\ vVater Supply Board, Harbour Board, Trust, and any " boLdoyc; a" Board or other body for the management of any pool, and any Co-operative Association, Corporate Body, Com- mission, Society, or Association, whether in any case any such body as aforesaid is corporate or unincorporate- Which body has been created by or pursuant to the provisions of any Act; and >iF 49 Vie. No. 15, supra, page 3047.