Local Authorities Acts and Other Acts Amendment Act of 1934 (25 Geo v No. 32) (Qld)

LIQUO~ LOCAL AUTHORITIES. 25 GEO. V. No. 32, 1934. Local A1tthorities Acts, Etc., Act. or maintained against the Government of Queensland or any Minister of the Crown, or any officer of the Public Service or otherwise by any person by reason of the postponement of the taking of the Local Option Vote IInder this Act; Moreover the fixation of the Local Option Area' and the compilation of rolls of electors and the taking .of the Local Option Vote as provided in this Act shall have the force of law and shall not be impeachable for any informality or want of form, or be appealed against, reviewed, quashed, or in any way called in question in any court whatever. 15073 LOCAL AUTHORITIES. MAOKAY AND OTHER TOWN PLANNING. See PART II.(LoOAL AUTHORITIES). See also ROADS (2). An Act to Approve, Validate, and Confirm Certain 25N~ ~ 32: ' Rates and Overdrafts of Local Authorities THE LOOAL • • AUTHORITIES under "The Local AuthorItIes Acts, 1902 to OA T C H T E S R AAN O D TS 1932 ". , to Amend the said Acts and other AACMTENODFM 19 E 3 N 4 T . Acts in certain particulars; and for other purposes. [ASSENTED TO 12TH DECEMBER, 1934.] B E it enacted by the King's ~ lost Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows;- PART I.-PRELIMINARY. PART I.- PRELIMINARY. 1. This Act may be cited as " The Local Authoritie8 Short title. Acts and Other Acts Amendment Act of 1934." 2. This Act is divided into Parts, as follows ;- PART· I.-PRELIMINARY; Parts of Act. PART II.-VALIDATION OF VALUATIONS AND RATES; PART III.-VALIDATION OF OVERDRAFTS;

15074 PART 1.- PRELIMINARY. LOCAL AUTHORITIES. Local Authorities Act. ~ , Etc., Act. 25 GEO. V. No. 32, PART IV.-AMENDMENTS OF *" THE LOCAL AUTHORITIES ACTS, 1902 TO 1932"; PART V. - AMENDMENT OF t" THE CITY OF BRISBANE ACTS AMENDMENT ACT OF 1933"; PART VI.-AMENDMENTS OF t" THE LOCAL AUTHORITY (GRAZING DISTRICTS IMPROVE- MENT) ACTS, 1930 TO 1933 " ; PART VH.-AMENDMENTS OF §" THE N ERANG RIVER BRIDGE AND SOUTHPORT-BURLEIGH ROAD ACT OF 1923." Parts H., IH., IV., and VI. shall be read as one with *" The Local Authoritie8 Act8, 1902to1932," herein referred to as the Principal Act. PART II.- VALIDATIQ;\; OF VALUATIOKS AKD RATES. PART H.-VALIDATION OF VALUATIONS AND RATES. Preamble as to rates. 3. Whereas, pursuant to section two hundred and seventeen of *" The Local Authoritie8 Act8, 1902to 1932," it is enacted that as soon as conveniently may be after the passing of such Act (i.e., the Principal Act of the year one thousand nine hundred and two) a fresh valuation of all rateable land shall be made in every Area in conformity with the rules prescribed by the Local Authorities Acts, and that thereafter a fresh valuation of all rateable land shall be made 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, and that except as in the said Acts otherwise expressly provided, such valuation shall be the basis of all rates made by the Local Authority upon the land within the Area, and that every valuation of any land shall remain in force until a fresh valuation thereof has been made: And whereas a fresh valuation in accordance with the said section was made by the Roma Town Council in the year one thousand nine hundred and twenty-nine: * 2 Edw. VII. No. 19 and amending Acts, 8upra, pages 1860 et 8eq. t 24 Geo. V. No. 13, 8upra, page 14828. t 21 Geo. V. No. 44 and 24 Geo. V. No. 29, 8upra, pages 12844 and 14560. § 14 Geo. V. No. 9, supra, page 10859.

LOCAL AUTHORITIES. 15075 1934. Local AutJwrities Acts, Etc., Act. PART II.- VALIDATION OF VALUATIONS AND RATES . . And whereas at a meeting of the Roma Town Council holden on the thirteenth day of February, one thousand nine hundred and thirty-one, the Town Clerk was appointed valuer: And whereas, at a meeting of the said Council held on the eleventh day of February, one thousand nine hundred and thirty-two, the following resolution was passed, namely :-" That the valuation for the year one thousand nine hundred and thirty-two be the same as for the year one thousand nine hundred and thirty-one, with the exception of such alterations and emendations as recommended by the valuer" : And whereas no fresh valuation was made by the said Council during the year one thousand nine hundred and thirty-two, and in fact no fresh valuation was made in the years one thousand nine hundred and thirty or one thousand nine hundred and thirty-one: And whereas the said Council purported to· make a fresh valuation in the year one thousand nine hundred and thirty-three: And whereas doubts have arisen whereby in consequence of the omission by the said Council to make in the year one thousand nine hundred and thirty-two a fresh valuation (having in view section two hundred and seventeen of the said Act) that the rates made and levied by the said Council in the year one thousand nine hundred and thirty-two on the basis of the valuation of the year one thousand nine hundred and thirty-two, made pursuant to the above resolution, and also the rates so made and levied in the years one thousand nine hundred and thirty-three and one thousand nine hundred and -thirty-four on the basis of the fresh valuation purporting to have been made in the year one thousand nine hundred and thirty-three, have been legally made and levied by and have been and are recoverable by the said Council : And whereas it is desirable to remove all such doubts and to declare that the rates made and: levied by the said -Roma Town Council for the years one thousand nine hundred and thirty-two, one thousand nine hundred and thirty-three, and one thousand nine hundred and thirty- N

15076 LOCAL AUTHORITIES. PART II.- VALIDATION OF Local Authorities Acts, Etc., Act. 25 GEO. V. No. 32" VALUATIONS AND RATES. four have been legally and lawfully made and levied and have been and are legally and lawfully recoverable by the said Council, and are rates for the purposes of *" The Local Authorities Acts, 1902 to 1932," it is hereby declared and enacted as is hereunder set forth. Validation of rates. 4. (l.) Notwithstanding anything contained in *" The Local Authorities Acts, 1902 to 1932," or in any Act or law or rule or process of law to the contrary, the making and levying by the Roma Town Council of the rates for the years one thousand nine hundred and thirty-two, one thousand nine hundred and thirty-three, and one thousand nine hundred and thirty-four, as set forth in the above preamble in section three are hereby approved, ratified, validated, and confirmed, and such rates are hereby declared to have been and shall be for all purposes of *"The Local Authorities Acts, 1902 to 1932," rates duly, lawfully, and legally made and levied by the said Council, and to have been and shall be lawfully and legally recoverable as such under and pursuant to the said Acts: And moreover the valuation purporting to have been made by the resolution of the said Council as of the eleventh day of February, one thousand nine hundred and thirty-two, and the fresh valuation purporting to have been made in the year one thousand nine hundred and thirty-three, as set forth in the preamble of this Act, shall be and be deemed to be for all purposes of the Principal Act valuations made by the Roma Town Council pursuant to section two hundred and seventeen of the Principal Act. ApplicB; t~on (2.) The provisions of this section shall have effect ofprOVISlOns. notwithstanding any decision or judgment or order of any court of competent jurisdiction to the contrary, whether such decision or judgment was made or pronounced, or order was made before, on, or after the passing of this Act, and any such decision or judgment or order of any court so made shall be vacated and. ~Toid and of none effect whatever: Saving. Provided that nothing in this section shall prejudice or affect the rights of any party to any judgment of any court of competent jurisdiction in any case where such judgment was given prior to the twentieth day of * 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et seq.

1934. LOCAL AUTHORITIES. Local Authorit1:es Acts, Etc., Act. November, one thousand nine hundred and thirty-four, nor prejudice or affect the rights of any party upon appeal from such judgment: 15077 PART II.- VALIDATION OF VALUATIONS AND RATES. Provided always that any decision, judgment, or order pronounced or made after such date shall be absolutely null and void and vacated accordingly. 5. Whereas it has also been ascertained that other Application Local Authorities have made and levied rates prior to the tocoa\her passing of this Act, but have omitted to make, pursuant Authorities. to section two hundred and seventeen of *" The Local Authorities Acts, 1902 to 1932," a fresh valuation of all rateable land in the case of every Town once at least in every three years, and in the case of a 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: And whereas it is desirable to remove all doubts as to whether such rates were legally and lawfully made and levied and legally and lawfully recoverable by any Local Authority concerned, it is hereby declared and enacted that notwithstanding anything contained in *" The Local Authorities Acts, 1902 to 1932," or in any Act or law or rule or process of law to the contrary, the making and levying by any Local Authority concerned of rates as hereinbefore set forth in this section are hereby approved, ratified, validated, and confirmed, and such rates have been and 'shall be for all purposes of *" The Local Authorities Acts, 1902 to 1932," rates duly, lawfully, and legally made and levied by the Local Authority concerned, and have been and shall be lawfully and legally recoverable as such under and pursuant to the said Acts accordingly: And moreover any Local Authority which has so omitted to make, pursuant to section two hundred and seventeen of the Principal Act, such fresh valuation as aforesaid, shall make, in conformity with the rules prescribed by the Principal Act, a fresh valuation of all rateable lands in its Area as soon as conveniently may be after the passing of t" The Local Authorities Acts and Other Acts Amendment Act of 1934," and such fresh valuation so made shall be and be deemed to be for all * 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et seq. t 25 Geo. V. No. 32 (this Act).

15078 LOCAL AUTHORITIES. PART II.- VALIDATION OF Local A,ltthlorities Acts, Etc., Act. 25 GEO. V. No. 32, VALUATIONS AND RATES. purposes of the Principal Act a valuation made by such Local Authority pursuant to section two hundred and seventeen aforesaid. And the provisions of subsection two of section four of this Act shall, mutatis mutandis, apply and extend to the Local Authority concerned and to all persons PART III.- concerned. VALIDATION OF OVERDRAFTS. PART III.-V ALIDATION OF OVERDRAFTS. Vtlidat~ ~ 6. Whereas, pursuant to the provisions of section () over t'three hundred and nine of *" The Local Authorities Acts, 1902 to 1932," it is provided that a Local Authority m.ay obtain advances from any bank by way of overdraft of the current account, provided that no such overdraft or accommodation shall at any time or under any circumstances exceed the ordinary revenue, as defined in the said section, of the Local Authority in the year then last past : And whereas during the years one thousand nine hundred and thirty-two and one thousand nine hundred and thirty-three the, Roma Town Council had in the obtaining of advances from the Queensland National Bank exceeded the overdraft limit as prescribed in the said section. ' And whereas it is expedient that the said overdraft be ratified, validated, and confirmed, it is hereby declared and enacted as follows:- (a) That notwithstanding anything contained in *" The Local Authorities Acts, 1902 to 1932," or in any Act or law or rule or process of law to the contrary, the overdraft of the Roma Town Council in and for the years one thousand nine hundred and thirty-two and one thousand nine hundred and thirty-three and at the passing of this Act (as is hereinbefore set forth in this section) is ratified, validated, and confirmed, and is and is deemed to be and to have always been a valid overdraft in and for all purposes of *" The Local Authorities Acts, 1902 to 1932," and as if the provisions of such Acts had been complied with. Indemnity. (b) That no action, suit, indictment, information, or other proceeding shall be commenced, presented, prosecuted, or maintained against the Roma Town Council or any past or present alderman of the said * 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et seq.

LOCAL AUTHORITIES. 15079 PART IlI.- 1934. Local Authorities Acts, Etc., Act. VALIDATION OF - - - - - - - - - - - - - - - - - - - - - - - - OVERDRAFTS. Council or against any clerk or officer of the said Council, or against any other person for or on account of the excess of limit of overdraft hereinbefore referred to and validated by this section; and any judgment of any court in respect thereof obtained after the passing of this Act is and shall be vacated and of none effect whatever. 7. Whereas it has also been ascertained that other Application Local Authorities, prior to the passing of this Act, have ro~ ! fer exceeded the overdraft limit as prescribed by *" The Local Authorities. Authorities Acts, 1902 to 1932," and whereas it is expedient that any such overdraft be also ratified, validated, and confirmed, it is hereby declared and enacted. as follows :- (a) That notwithstanding anything contained in *" The Local Authorities Acts, 1902 to 1932," or in any Act or law or rule or process of law to the contrary, any such overdraft of any Local Authority concerned in and for any year concerned and as at the passing of this Act is ratified, validated, and confirmed, and is and is deemed to be and to have always been a valid overdraft in and for all purposes of *" The Local Authorities Acts, 1902 to 1932," and as if the provisions of such Acts had been complied with. (b) That no action, suit, indictment, information, or other proceeding shall be commenced, presented, prosecuted, or maintained against any such Council concerned or any past or present alderman of the said Council or against any clerk or officer of the said Council, or against any other person for or on account of the excess of limit of overdraft hereinbefore referred to and validated by this section; and any judgment of any court in respect thereof obtained after the passing of this Act is and shall be vacated and of none effect whatever. 8. Nothing herein contained shall authorise or be Savings£re deemed t 0 authOr·Ise any L oca1 AuthOr' Ity 0 bta" mmg, overdra t. after the passing of this Act, any advance from any bank by way of overdraft of the current account otherwise than in accordance with the provisions of section three hundred and nine of the Principal Act; and the amount of any such advance obtained otherwise than in accordance with the provisions of the last- mentioned section prior to the passing of this Act by * 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et 8eq.

]5080 LOCAL AUTHORITIES. PART III.- VALIDATION OF Local Authorities Acts, Etc., Act. 25 GEO. V. No. 32, OVERDRAFTS. - - - - - - - - - - - - - - - - - - - - - - - - any Local Authority shall be from time to time reduced so that t4e total amount of overdraft obtained or to be hereafter obtained by such Local Authority for the year one thousand nine hundred and thirty-seven or any year thereafter shall not exceed the amount as PART IV.- prescribed by the said section. AMEND)!ENTS OF" THE A1J~ o;: ~ TIES PART IV.-AMENDMENTS OF *" THE LOCAL AUTHORIrIES ~ gTf931~ ? , 2 ACTS, 1902 TO 1932." < A >1 m " e T ndmen h ts e 9 · *" The Local Authorities Acts " 1902 to 1932" Local referred to as the Principal Act, and this Part of this 1~: s~ ~ ~ ~ e; to Act may collectively be cited as " The Local Authorities 1932." Acts, 1902 to 1934." New s. 53A. 10. The following new section (53A) is inserted after section fifty-three of the Principal Act : - Rapsuerstctorhihacsitreieo.n Act o " r [5 in 3A a . n ] yNootthweirthAsctatnodrinlagwanoyrthruinleg ocronptraoicneesds ionf tlhaiws and time. to the contrary, a Local Authority, from and after the cpoanytmraecntst. passing of t" The Local Authorities Acts and Other Acts Amendment Act of 1934," shall be prohibited from entering into any contract of the following nature, namely:- (a) A hire-purchase agreement whereby a person shall agree to let to the Local Authority any plant, goods, or materials or other property at a rent to be paid by instalments (whether such instalments are described in any such agreement as rent or hire or otherwise) upon the terms that the property in such plant, goods, materials, or other property shall pass to the Local Authority upon payment of such instalments but not otherwise; (b) A contract of sale whereby the payment by the Local Authority for any plant, goods, material, or other property is spread over a period of time whereby such payment may be made by way of instalments, and notwith- standing that the property in such plant, goods, materials, or other property shall at the date of the contract of sale or any subsequent date pass to the Local Authority; * 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et seq. t 25 Oeo. V. No. 32 (this Act).

1934. J~ OCAL AUTHORITIES. 15081 PART IV.- L;ocaZ Aldhorities Acts, Etc., Act. AMENDMENTS OF" THE LOCAL AUTHORITIES (C) In respect of the carrying-out for and on ~ ~ Tt931~ ?, 2 behalf of the Local Authority by any person of any works or undertakings (other than works carried out by means of loans pursuant to this Act) whereby the payment by the Council for the carrying-out of such works or undertakings shall be spread over a period of time whereby such payments may be made by the Council by way of instalments: Provided that nothing in this paragraph (c) shall prohibit a Local Authority from making any payment by way of a progress payment in respect of the part performance of any contract otherwise lawful under this Act, and notwithstanding that the carrying out of the work under any such contract extended beyond one year. Any such contract made contrary to the provisions of this section shall be absolutely void and of none effect. And if a Local Authority having entered into any such contract of the nature aforesaid pays in respect of such contract any money which it is not legally bound to pay, all the members who consented to the contract shall be jointly and severally liable to repay the same to the Local Authority, and the same may be recovered from such members or any of them as money due and owing by such members to the Local Authority by action in any court of competent jurisdiction." 11. Section 830 of the Principal Act is amended Amendment by the addition of the following paragraphs to paragraph of s. 83c. (e) of subsection six, and also to paragraph (c) of subsection eight, respectively, that is to say :- "Provided that such plan shall be lodged for registration within six months after the date of the notation of approval of the Local Authority on such plan: Provided further, that any such plan approved by a notation under the seal of the Local Authority prior to the passing of *" The Local Authorities Acts and Other Acts Amendment Act of 1934" and not lodged for * 25 Geo. V. No. 32 (this Al)t).

15082 LOCAL AUTHORITIES. PART IV.- AMENDMENTS OF" THE Local Auth'01'ities Acts, Etc., Act. 25 GEO. V. No. 32, LOCAL AUTHORITIES m ~ grt931~ ? , 2 registration the office of the Registrar of Titles within six months after the passing of such lastmentioned Act shall have no force or effect." Amendment 12. (1.) Subsection two of section ninety-five of of s. 95. the Principal Act is amended by the addition thereto of the following paragraph : - " The Council may require the erection of a grid in addition to a gate, and may impose in any license so issued such special conditions with regard to the description of grid so required (if any) as the convenience of the public requires." (2.) Subsection seven of section ninety-five above- mentioned is amended by inserting therein, after the word" gate," wherever the same occurs, the words and brackets" and grid (if any)." (3.) Subsection eight of section ninety-five above- mentioned is amended by inserting therein, after the words "public gate," the words "or wilfully or negligently damages a grid." Repeal of 13. Sections 186A and 186B of the Principal Act s1s8. 61B8. 6A and are repealed. • Provided that the Orders in Council issued under the said sections, and in operation at the passing of *" The Local Authorities Acts and Other Acts Amendment Act of 1934," shall continu.e in operation and have full force and effect until the Local Authorities concerned have made Town Planning Schemes under t" The City of Mackay and Other Town Planning Schemes Approval Act of 1934." Amendment 14. The first paragraph of subsection seven of of s. 218. section two hundred and eighteen of the Principal Act beginning with the words" No separate portion," and ending with the words " twenty pounds," is amended by deleting therefrom the words "thirty" and " twenty " and by inserting in lieu thereof the words "fifteen" and "ten," respectively. Repeal of B.235. 15. Section two hundred and thirty-five of the Principal Act is repealed. * 25 Geo. V. No. 32 (this Act). t 25 Geo. V. No. 19, infra, page 15180.

LOOAL AUTHORITIES. 15083 PART IV.- 1934. Local Authorities Acts, Etc.. Act. , 'AMENDMENTS OF" THE LOOAL • AUTHORITIES 16. SectIOn 243A of the Principal Act is repealed AOTS, 1902 and the following section (243A) is inserted in lieu thereof, Ne: ! ~ 3~ ~ A' ,namely:- . "[243A.] (1.) In any case where a Local AuthoritySewerage has constructed and is maintaining sewerage works, the : ~ ! ~ ~ : ~ d Local Authority may, in its discretion- (1) Make and levy a Special Rate to be called a "Special Sewerage and Cleansing Rate" upon all rateable lands within the Area, whether occupied or not, to provide- (a) The annual instalments from time to time payable by the Local Authority in respect of any loan raised under this Act for sewerage works; and (b) The cost of operating and maintaining sewerage works; and (c) The cost of the removal of house refuse; and (d) The cost of the cleansing of earth closets; or (2.)- (i.) Make and levy a Special Rate to be called a " Special Sewerage Rate" upon all rateable lands, whether occupied or not, declared by the Local Authority to be served by, or to be capable of being served by, sewerage works, to provide- (a) The cost of operating and maintaining sewerage works; and (b) The cost of the removal of house refuse from such rateable lands, and also (ii.) Make and levy a Cleansing Rate under section two hundred and forty-one of this Act, or make an order under section two hundred and forty-two of this Act for the cost of the removal of house refuse and the cleansing of earth closets in respect of lands in actual occupation not declared by the Local Authority to be served by, or to be capable of being served by, sewerage works; or

15084 PARTlV.- AMENDMENTS OF" THE LOCAL AUTHORITIES ACTS, 1902 TO 1932." LOOAL AUTHORITIES. Local Authorities Acts, Etc., Act. 25 GEO. V. No. 32, (3.) Make and levy a rate and/or make an order or charge on such basis or on such several bases as the Local Authority in its discretion thinks just and reasonable in respect of lands in actual occupation and/or in respect of any other land or place or building to provide-- . (a) The annual instalments from time to time payable by the Local Authority in respect of any loan raised under this Act for sewerage works; and (b) The cost of operating and maintaining sewerage works; and (c) The cost of the removal of house refuse; and (d) The cost of the cleansing of earth closets. (2.) Any such rate and/or order and/or charge under paragraphs (1), (2), or (3) of subsection one may be made, levied, and recovered in respect of- (i.) Any place or building in the use or occupation of the Crown or of any person or corporation which is used for public purposes, including places or buildings vested in trustees for any acclimatisation society, public recreation ground, or agricultural or pastoral society for the purposes of a show ground; (ii.) Any place or building used exclusively for public worship, or for public worship and educational purposes, or for a mechanic's institute, school of arts, school of mines, technical school or college, public school, library, or cemetery; and (iii.) Any place or building used exclusively as a hospital, hospital for the insane, benevolent asylum, or orphanage: Provided that before any such rate and/or order and/or charge is made in respect of any place or building included in this subsection the Local Authority shall by resolution define the scale or principle of assessing or calculating the amount thereof, and such scale or principle may be different in respect of different kinds of places or buildings affected thereby.

LOCAL AUTHORITIES. 15085 PART IV.- 1934. Local Authorities Acts, Etc., Act. AMENDMENTS OF" THE LOCAL (3 • ) N 0 ra t e or order or charge payable under t h I · S AAUCTTHSO,R 1 I 9 T 0 IE 2 S section shall be of a less amount than one pound. TO 1932." (4.) All moneys raised by the Local Authority under this section shall be paid into a Special Fund and shall be applied to the purposes for which such rates and/or order and/or charge has been made and levied as aforesaid. (5.) For the purpose of this section the term " sewerage works" shall mean sewer, manhole, ventilator, structure, engine, pump, machinery, sewerage apparatus, outfall works, or other work for or in connection with sewerage connection to premises, or sewerage apparatus constructed or erected or installed, whether before or after the commencement of *" The Local Authorities Acts and Other Acts Amendment Act of 1934"; and for the purposes of this definition the term " sewer" shall mean any sewer for the carrying off of sewage; and "sewage" includes fmcal matter, urine, household slops, and objectionable waste waters; and the term "sewerage apparatus" shall mean any water closet, urinal, fitting, apparatus, appliance, sink, trap, pipe, ventilator for or in connection with any sewer." 1 7. Section two hundred and fifty-six of the Amendment Principal Act is amended by being renumbered subsection of s. 256. one of section two hundred and fifty-six and by adding the following new subsection thereto :- "(2.) Any Local Authority which has allowed a percentage by way of discount in accordance with subsection one hereof may further allow to any person liable to pay any rates who pays the whole of such rates after thirty days but within sixty days after notice given to him to pay the same, a percentage by way of discount to be fixed by the By-laws, but not exceeding half of the percentage by way of discount so allowed under subsection one hereof." 18. Section three hundred and sixty-six of the Amendment Principal Act is amended by the insertion of a new of s. 366. provision (viii.A) to follow provision (viii.) as follows : - " (viii.A) The establishment, maintenance, and regulation of public aviation stations for the starting, landing, housing, and repair of rerial craft." * 25 Geo. V. No. 32 (this Act).

15086 LOCAL AUTHORITIES. PART IV.- AMENDMENTS OF" THE Local Authorities Acts, Etc., Act. 25 GEO. V. No. 32, LOCAL AuTHORITIES ACTS, 1902 TO 1932." 19. The first, second, and third paragraphs of Amendment section three hundred and seventy-two of the Principal of s. 372. Act are repealed and theJ following paragraphs are inserted in lieu thereof- " Every Joint Board shall hold its first meeting at such time and place as the Governor in Council appoints, and shall thereafter meet on the third day after the 0onclusion of every triennial election of members of the Joint Board or on such other day as may be appointed by the By-laws. The Joint Board shall have power to fix by By-laws or otherwise the times and places at which meetings shaH be held." d N i e v w isi S o u n b 2 · . "ANI 2 M 0 A . L I S n ," ththeeFfooullrotwhinSgchneedwuleS, uabfdteivr iSsiuobndiivsisiinosner2te-d as follows:- Aviation stations. "2A-AVIATION STATIONS. Regulating the use of aviation stations for the starting, landing, housing, and repair of rerial craft, and prescribing fees and charges for the use thereof." Amendment of Sch. IV., 21. Subdivision 55A of the Fourth Schedule to Subdivision the Principal Act is repealed, and the following Subdivision 55A. is inserted in lieu thereof : - " 55A.-SEWERAGE ·WORKS. \i.) Requiring owners or occupiers to connect their premises to sewerage works, and prescribing the conditions under which such connections to premises shall be made. (ii.) Authorising the Local Authority to construct connections to premises and supply sewerage apparatus thcrefor, ann accept. deferred payments bearing interest therefor. (iii.) Where the Local Authority provides the connections of premises to the sewer and sewerage apparatus therefor as part of the sewerage works, prescribing the conditions under which such connections to premises and sewerage apparatus shall be provided and renewed and maintained. For the purposes of any By·law made in pursuance of this' Subdivision the words or terms "sewerage works," "sewer," and "sewerage apparatus," shall have the meanings set against them respectively by section 243A of this Act."

LOCAL AUTHORITIES. 15087 1934. Local Authorities Acts, Etc., Act. PART V.-AMENDMENT OF *" THE CITY OF BRISBANE ACTS AMENDMENT ACT OF 1933." PARTV.- AMENDMENT OF" THE CITY OF BRISBANE ACTS AMENDMENT ACT OF 1933." 22 This Part of this Act shall be read as one with Construction t" The City of Brisbane Acts, 1924 to 1933," which Acts, ~~ lfe: ~: : ' with the amendment made by this Part, may collectively title. be cited as " The Oity of Brisbane Acts, 1924 to 1934." 23. The following subsection is added to section Amendment twenty-four of *" The Oity of Brisbane Acts Amendment~f' ;h 2t?f if Act of 1933," as follows :__ Bri8tan!ty 0 Acts Amendment Act of 1933." "(3.) Full authority, power, and jurisdiction is S~ nking hereby conferred upon the Governor in Council from Fu~ d contri· t I·me t 0 tI' me t 0 ' Issue any 0 r der I.n CounCl '1 0 f like or VbuatllOidnasti.on of similar nature or effect in respect of sinking fund grder In contributions for the financial year ending on the thirtieth bZ~ ! : eJ~ n day of June, one thousand nine hundred and thirty-five, firespec~ lof and I.n respect 0 f s.mk'mg fund cont T ' I bu tI' Ons £ or any 19 n 3 an 4 C .1 l 9 a 3 y B ear financial year thereafter, in respect of so much of such and i~ f aforesaid loans as shall be on the date of the issue of~ ~ rc 0 any such Order in Council held by the Commonwealth ~ ubseC( ufnt Savings Bank of Australia, and any such. Order iny: ~ Cla Council hereafter issued and containing such necessary amendments, adjustments, additions, provisions, and . stipulations as may be prescribed or set forth therein for or in respect of such financial year ending on the thirtieth day of June, one thousand nine hundred and thirty-five, and for or in respect of any financial year thereafter, shall be and is hereby approved, adopted, authorised, ratified, confirmed, and validated and is and shall be valid and effectual for all purposes whatsoever, and the aforesaid provisions, mutatis mutandis, shall apply and extend to any such Order in Council to be so issued PART VI.- aPcAcRoTrdVinIg. - lAy. M" ENDMENTS OF t" THE LOCAL AUTHORITY AMAO( UEGLFNTROH" DAOOMZTARIEHLNINTGETYS (GRAZING DISTRICTS IMPROVEMENT) ACTS, 1930 TO IM~ ; ~ ~ ~ ~ ~ T) 1933." ATCOT 1 S 9 , 3139. 3"0 24. This Part shall be read as one with t" The Local Construction Authority (Grazing Districts Improvement) Acts, 1930 to of Part. 1933." * 24 Geo. V. No. 13, supra, page 14828. t 15 Qeo. V. No. 32, 21 Qeo. V. No. 45, and 24 Geo. No. 13, 8upra, pages 11140, 13211, and 14828. . t 21 Qeo. V. No. 44 and 24 Qeo. V. No. 29, 8upra, pages 12844 and 14560.

15088 LOCAL AUTHORITIES. PART VI.- A~ ~ N? ? ¥ : : TS Local A11t'hMities Acts, Etc., Act. 25 GEO. V. No. 32, LoOAL ~G~~~ :~Y 25. Whereas by *" The Local Authority (Grazing I DISTRICTS) Districts Improvement) Transfer of Power Acts§ of 1933," MAPOROTVSE, 1M9E3ONT the powers, rI'ghts, func' tlOns, pn.vI 'I eges, authorl.t.ies, T TO 1:33." duties, liabilities, obligations, and jurisdiction of the & ~~ ~ ~ tr, District Improvement Board constituted under t" The poof wBeorasr, d&s c., Grazing Districts Impro . ve . ment Act o 'J f 1930" , were under the transferred to the prescrIbed Local AuthorIty or g~ a: ~ 1 prescribed Local Authorities constituted from time to I: p; ~~: . time by Order in Council, and such prescribed Local ~ e~ t A~ ts Authority or Local Aut.horities was or were deemed to be ;ut~~ ~ ties. the District Improvement Board for the Improvement Board District constituted under- the said *" The Local Authority (Grazing Districts Improvement) Transfer of Powers Act of 1933 ": And whereas it is desirable that the functions of "District Improvement" as defined in t" The Grazing Districts Improvement Act of 1930" and *" The Local Authority (Grazing Districts Improvement) Transfer of Powers Act of 1933" should become the functions of the Local Authority constituted under!" The Local Authorities Act.s, 1902 to 1932," and for this purpose that all the powers, rights, functions, privileges, authorities, duties, liabilities, obligations, and jurisdiction conferred and imposed upon the District Improvement Board shall be conferred and impof'led upon the I...ocal Authority, whether such Local Authority is a prescribed Local Authority within the meaning of the said Acts or not, and that all the provisions of t" The Grazing District8 Improvement Act of 1930" and *" The Local Authority (Grazing Di8tricts Improvement) Transfer of Powers Act of 1933," conferring powers, rights, privileges, authorities, and jurisdiction, and imposing duties, liabilities, and obligations upon the District Improvement Board, shall be read as one with and construed as forming part of the Local Authorities Acts: Now, therefore, it is enacted- (1) That the functions of the District Improvement Board as defined in t" The Grazing Districts ImprmJement Act of 1930" and *" The Local Authority (Grazing Districts Improvement) Transfer of Powers Act of 1933" shall be transferred to and become functions of the Local Authority; (2) That all the powers, rights, functions, privileges, authorities, and jurisdiction * 24 Geo. V. No. 29, 8upra, page 14560. t 21 Gao. V. No. 44, 8upra, page 12844. t 2 Edw. VII. No. 19 and amending Acts, 8upra, pages 1860 et seq. § [Sic in Gazette: 8emble "Act "].

1934, LOOAL AUTHORITIES. 15089 PART VI.- LocaZ Jl1tthori:ties Acts, Etc,) Act. AMENDMENTS OF" THE LOCAL conferred, and a11 the dut 1 · 8S, ll' ab 1 'll'tI' es, and A(lG>TRHAOZRINITGY obliO'ations imposed upon the District DISTRICTS b. IMPROVEMENT) ~ mprovement Board shall be ~ onferred and ACTf' r~ , o Imposed upon the Local AuthorIty; TO 9 3. (3) That all the provisions of *" The Local Authority (Grazing Districts Improvement) .Acts, 1930 to 1933," conferring powers, rights, privileges, authorities, and jurisdiction, and imposing duties, liabilities, and obligations upon the District Improvement Board shall be read as one with and construed as forming part of the Local Authorities Acts; (4) That the Local Authority shall, in exercising the powers, rights, functions, privileges, authorities, duties, liabilities, obligations, and jurisdiction hereby conferred and imposed upon it, sit as the Local Authority constituted under the Local Authorities Acts, and shall conduct its business under and in pursuance of the said Local Authorities Acts and the by-laws made by the Local Authority for the conduct of the proceedings of the Local Authority under and in pursuance of the Local Authorities Acts; . (5) That the Local Authority may, instead of creating a fund by the making and levying of an assessment on stock as provided in section forty-seven of *" The Local Authority (Grazing Districts Improvement) Acts, 1930 tu 1933," for the purposes of exercising the powers, rights, functions, privileges, authorities, duties, liabilities, obligations, and jurisdiction conferred and imposed upon it, meet the expenses incurred in connection therewith from the Local Fund or may levy a Special Rate, and for such purposes shall, in addition to the financial powers conferred upon the District Improvement Board in Part IV. of *" The Local Authority (Grazing Districts Improvement) Acts, 1930 to 1933," have and may exercise all the financial powers, rights, privileges, and authorities * 21 Geo. V. No. 44 and 24 Geo. V. No. 29, 8~ tpra, pages 12844 and 14560.

15090 PART VI.- AMENDMENTS OF" THE LOCAL AUTHORITY (GRAZING DISTRICTS IMPROVEMENT) ACTS. 1930 TO 1933." LOCAL AUTHORITIES. Local AuthlOrities Acts, Etc., Act. 25 GEO. V. No. 32, conferred upon the Local Authority in Parts XI., XII., and XIII. of the *Local Authorities Acts, and in the exercise of such financial powers shall be subject to the duties, liabilities, and obligations imposed in the said Parts. Amendments 26. t" The Local Authority (Grazing Districts L o o f c " a T l he Improvement) Acts, 1930 to 1933," is amended, as Autlwrity follows : - (Grazing Di8trict8 Improve- ment) Act.9, 1930 to 1933." Amendment Section thirty-six is amended, as follows : - of s. 36. (a) Sub~ ection (i.) is repealed and the following subsection is inserted in lieu thereof, namely : - "(i.) When any stock route, road, or reserve adjoins or is within the boundaries of a holding and is not fenced out of the holding it shall be the duty of the owner or occupier .of the holding to destroy all noxious weeds and'vermin on such stock route, road, or reserve." (b) In subsections three and four of section thirty- six the word "thirty," wherever it occurs, is repealed and the word" ten" is inserted in lieu thereof. Amendment (c) Section 42A is amended by deleting from the of S. 42A. second paragraph thereof the words "at the first meeting." Amendment of s. 43. (d) Section forty-three is amended, as follows : - (i., Paragraph (a) of subsection one is repealed. (ii.) In paragraph (b) of subsection one, after the words "delivered to," the words "members or" are inserted. (iii.) The third paragraph of subsection one is repealed. Amendment (e) Section fifty-four is amended by inserting after of s. 54. the word "loans," where it firstly occurs, the words "including the obtaining of advances from any bank by way of overdraft"; alse by inserting after the word * 2 Edw. VII. No. 19 and amending Acts, 8upra, pages 1860 et 8eq. t 21 Geo. V. No. 44 and 24 Geo. V. No. 29, 8upra, pages 12844 and 14560.

LOCAL AUTHORITIES. 15091 PART VI.- 1934. Local A1lthorities Acts, Etc., Act. AMENDMENTS OF" THE LOCAL " 1oans, " , where'It secondly occurs, t he word S" ' lnc1udl' ng A(UGTRHAOZRINITGY the obtaining of advances by way of overdraft afore- IM~ ~ ~ ~ ~ ~ ~ ~ T) said '.'; also by adding to the said section the following ~ ~T~ 93~ ~~ , o provlso:- "Provided that advances by way of overdraft shall not exceed the amount of moneys received and paid into the District Improvement Fund in the year then last PART VII.- past." A'YIENDMENTS OF" THE NERANG RIVER *" N PART VII.-AMENDMENTS OF THE ERANG RIVER BRIDGE AND SOUTHPORT- BRIDGE AND SOUTHPORT-BURLEIGH ROAD ACT OF BURLEIGH 1923." ROAD ACT OF 1923." 27. This Part of this Act shall be read as one with Amendments *" The Nerang River B~ idge and Southport-Burleigh Road ~ e~ a~; e Act of 1923." River Bridge and Southport. Burleigh Road Act oj 1923." Construction of Part. 28. Whereas the boundaries of the Council of the Adjust· Shire of Nerang and of the Town of Southport were ments. altered pursuant to Orders in Council bearing date the fourteenth day of June, one thousand nine hundred and thirty-four, and the fourth day of October, one thousand nine hundred and thirty-four, and whereas in consequence of such alteration certain adjustments of the liabilities of the said Shire to the said Town under *" The Nerang Riv6r Bridge and Southport-Burleigh Road Act of 1923 " are thereby rendered necessary, it is hereby declared that notwithstanding any Act to the contrary, the Governor in Council may by Order in Council declare and apportion such liabilities between the said Shire and the said Town as appears to him just, and may upon such apportionment adjust the annual instalments payable in respect of such liabilities accordingly. * 14 Geo. V. No. 9, supra, page 10859. o