Local Government Acts Amendment Act of 1946 (No. 2) (11 Geo Vi No. 2) (Qld)

LAND-LOCAL AUTHORITIES. 11 GEO. VI. No. 2,1946. Local Government, Etc., Act (No. 2). held from the Crown in any District under lease or license as a pastoral lease, preferential pastoral lease, pastoral development lease, grazing homestead lease, grazing farm lease, development grazing homestead lease, development grazing farm lease, goldmining lease, or mineral lease, and of all land held on lease from the Commissioner of Railways. Upon completion of a fresh valuation of all such lands as aforesaid situated in any District, the Valuer- General shall give to the Local Authorities whose Areas are comprised in such District (including Brisbane City Council as respects the District in which the City of Brisbane is situated) and to the respective owners of such lands notice in writing of such valuation, and thereupon such valuation shall, subject to objection or appeal under this Act, have force and effect." 189 LOCAL AUTHORITIES. An Act to Amend "The Local Government Acts, 11 g~~ · 2. VI. 1936 to 1946," in certain particulars; and G~~ !R~ 'it;T to make Special Provision for the Government AME A ~ C < T ; ; O ! F ENT of Thursday Island. (Jg:h [ASSENTED TO 18TH DEOEMBER, 1946.] 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:- PART I.-PRELIMINARY. PART I.- PRELIMINARY. 1. This Act may be cited as " The Local Government Short title. Acts Amendment Act of 1946 (No. 2)." 2. This Act is divided into Parts, as follows : - Parts of Act. PART I.-PRELIMINARY; PART Il.-AMENDMENTS OF *"THE LOCAL GOVERN- MENT AOTS, 1936 TO 1946"; PART IlL-SPECIAL PROVISION FOR THE GOVERN- MENT OF THURSDAY ISLAND. * 1 G. 6 No. 1 and amending Acts.

190 LOCAL AU'rHORITIES. PART II.- AMENDMENTS O}' .. THE Local Government, Etc., Act (No. 2). 11 GEO. VI. No. 2, GOV~~ ~ ENT ------------------------------------------------ 1936~ ~ T~ 946. " PART H.-AMENDMENTS OF *" THE LOCAL GOVERNMENT ACTS, 1936 TO 1946." Construction 3. (1.) This Part of this Act shall be read as one ofPart.II. with *" The Local Government Acts, 1936 to 1946," herein in this Part referred to as the Principal Act. Collective (2.) The Principal Act and this Part of this Act title. may be collectively cited as "The Local Government Acts, 1936 to 1946." Amendment 4. In subsection one of section three of the Principal of s. 3 (1). Act the term "Owner" is amended by adding thereto the words " and, as respects any land leased to any person or corporation by the Commissioner for Railways, such lessee." Aofms.en7d. ments as fo 5 l . loSwecst: i-on seven of the Principal Act is amended (a) Paragraph (e) of the first proviso to subsection two thereof is amended by repealing the words " one hundred pounds " and inserting the words "two hundred pounds" in lieu of such repealed words. (b) Paragraph (ii.) of subsection eight thereof is repealed and the following paragraph is inserted in lieu thereof, namely :- "(ii.) The election of the chairman and members shall be held on the last Saturday in April, one thousand nine hundred and forty-nine, and thereafter in every third year on the last Saturday in April: Provided that if in the year of any triennial election Anzac Day or the Satur- day next following Good Friday falls on the last Saturday in the month of April, the election shall be held on the first Saturday in the month of May in that year." Amendment 6. The following paragraph, numbered (iii.), IS OfB. 27 (8). added to subsection eight of section twenty-seven of the Principal Act, namely:- Forfeiture, &c., of Miner's Homestead Lease or Miner's Homestead Perpetual Lease. " (iii.) Notwithstanding anything contained in section thirty-four of t" The Miners' Homestead Leases Acts, 1913 to 1939," when a miner's homestead lease or miner's homestead perpetual lease under those Acts is determined by forfeiture or other cause, any moneys * 1 G. 6 No. 1 and amending Acts. t 4 G. 5 No. 14 and amending Acts.

LOCAL AUTHORITIES. 191 PART n.- 1946. Local Government, Etc., Act (No. 2). A~ ~ ~ ~ ~ ~ ~ TS LOCAL GOVERNMENT ACTS, which are received by the Crown from an incoming 1936 TO 1946." lessee or purchaser in respect of improvements upon the land may, after deducting what is due to the Crown, be held by the Crown for the purpose of satisfying the amount of any rates and interest thereon due and in arrear in respect of the land at the date of determination, and the amount of such rates and interest thereon may, to the extent of such moneys, be paid to the Local Authority concerned, and in such case the balance only, if any, shall be paid to the late lessee." 7. (1.) The first paragraph of subsection fourteen of Afme~gU~) t section thirty-two of the Principal Act is repealed and the 0 B. • following paragraph is inserted in lieu thereof, namely:- "(i.) Subject to the provisions of this paragraph a Local Authority which requires water for the purposes of any undertaking may take such water from any river, stream, or creek, whether subject to tidal influence or not, and whether within or without its Area, and for that purpose may construct, maintain, control, and operate all such works including pipe lines, apparatus, appliances and other matters and things as it deems necessary. A Local Authority shall not, at any time after the passing of *" The Local Government Acts Amendment Act of 1946 (No. 2)," commence to take water from any river, creek or stream unless and until it has first obtained the consent of the Governor in Council or, if such consent has been obtained commence or continue to take water at any time otherwise than subject to and in accordance with the terms and conditions, if any, imposed by the Governor in Council. Application for such consent shall be made to the Director who shall refer the matter to the Commissioner of Irrigation and Water Supply for investigation. The said Commissioner shall investigate the application, and shall make a report and recommendation for submission by the Minister to the Governor in Council. The Governor in Council may in his absolute discretion grant or refuse to grant the application and moreover may, if he grants it, give his consent subject to such terms and conditions as he shall fix. * This Act.

192 LOCAL AUTHORITIES. PART II.- AMENDMENTS OF" THE LOOAL GOVERNMENT ACTS, 1936 TO 1946." Local Government, Etc., Act (No. 2). 11 GEO. VI. No. 2, In this paragraph the term "Commissioner of Irrigation and Water Supply" means the Commissioner of Irrigation and Water Supply as defined in *" The Irrigation Acts, 1922 to 1934," or, if any other Act, whether in force before or after the passing of t" The Local Government Acts Amendment Act of 1946 (No. 2)," provides for the termination wholly or partly of the office of such Commissioner and for the constitution of another corporation or instrumentality, by whatever name called, charged with functions, powers, and duties similar to those of the said Commissioner, such other corporation or instrumentality." (2.) The second and third paragraphs of the said subsection fourteen are numbered" (ii.)." New s. 36 8. A new subsection numbered fifteen is added to (15). section thirty-six of the Principal Act as follows, namely:- Local. "(15.) (i.) If the Local Authority is of the opinion A ma u . t y hoprriotvyide that the cost 0 f ' Inst a11I' ng sewerage I.n I' ts Area or I.n and any part of its Area is beyond its financial ability, such sceownestrraugcet Local Authority may, notwithstanding any other pro- apparatus vision of this Act, design and plan for and execute the ~ ~ r: S~ ~ : i~ work of installing sewerage apparatus carrying off tank. sewage to a septic tank and such septic tank on each of such premises in its Area or, as the case may be, such part of its Area as the Local Authority may determine. Such sewerage apparatus and septic tank (which are hereinafter in this subsection collectively referred to as the" said work ") shall as respects each such premises be such as the Local Authority considers adequate to carry off and dispose of sewage from such premises, and the said work shall be deemed to be a function of local government, (ii.) The Local Authority may borrow money from the Treasury to defray the cost of undertaking such function and every owner of premises on which the Local Authority instals sewerage apparatus and a septic tank in pursuance of its powers under this subsection shall be liable for the costs incurred by the Local Authority in designing, planning and installing such * 13 G. 5 No. 29 and amending Acts. t This Act.

LOOAL AUTHORITIES. 193 PART II.- 1946. Local Government, Etc., Act (No. 2). AMENDMENTS OF" THE - - - - - - - - - - - - - - - - - - - - - - - - - GO; E~c;~ENT installation and may arrange with the Local Authority 1936~ gi~ 46. " for the repayment of such costs, but failing such arrange- ment, shall repay such costs to the Local Authority as it shall determine. Until such time as the owner shall have repaid to the Local Authority in full such costs any amount thereof not repaid to the Local Authority shall be a charge upon the land upon which the said work has been provided and constructed and shall be recoverable in the same manner as rates in arrears are recoverable under this Act. (iii.) The said work shall be the property of the owner of the premises upon which the same has been provided and constructed and shall be maintained and from time to time repaired, cleansed, and replaced under the inspection and direction of an authorised officer by or at the expense of such owner. When in the opinion of such officer the said work or any part of it requires repairing or cleansing or replacing, he may give notice in writing to the owner requiring him to do what may be necessary to effect such repair or cleansing or replacing within such time as is specified in such notice, or to request the Local Authority in writing within such time as is specified in such notice to do such work at his expense." P rm·C· 9 l . paTlAhecrtualerse caomnetanidneedd aisn £ t 0 hleloTwhs,irndaSmceh1eyd:ul-e to the To A f hr m uireedInS ~ l e n nt Schedule. (1.) The second paragraph of subrule one of rule R. 6. six of the said rules is hereby repealed and the following paragraph inserted in lieu thereof, namely :- " Such notice shall specify a day- (a) Not less than ten nor more than twenty·one days after the publication of such notice; and (b) Not less than seven nor more than forty.two days before the day for the holding of the election, as the day of nomination and shall require the candidates at such election to be nominated in manner hereinafter mentioned at some place within the Area to be named in the notice". (2.) Subrule one of rule seven of the said rules is R. 7. amended by inserting the words "by him and" after the word "signed" and by repealing the fbrm of G

194 LOCAL AUTHORITIES. PART II.- AlIENDJIIENTS OJ "THE Local Government, Etc., Act (No. 2). 11 G EO. I V N . O. 2~ LOCAL GOVEENJIIENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - 193: ~ ~ \ 946 ... nomination set out therein and inserting the following form of nomination in lieu of such repealed form,. namely:- "We, the undersigned electors of the Town [or City or Shire or Division No. of the Shire] of hereby nominat& [8tating christian name and surname] of , for the office of MM e a m yobreror Chairman [a8 the case may be] of the Council of the> said Town [or City or Shire or of the said Division, a8 the caBe may be (in the case of an extraordinary vacancy, add, in place of A.B. deceased, or as the case may be)]. Dated this day of • 19 *Signature of Nominators. Addresses of Occupation of Nominators. Nominators. --------------------1·---------1----------- * The signatures of not less than six electors of the Area, or Division, as- the case may be, entitled to vote at the election are required. I [christian name and surname in fuZZ] hereby consent to this nomination. Signature of person nominated: " (3.) The form of ballot-paper set out in rule fifty-nine of the said rules is hereby amended by the deletion of the words " Elector of the same Shire [or Justice of the Peace or Returning Officer (as the case may be)]§" at the foot of the said form and by the insertion in lieu r thereof of the words "Elector of the same Shire or Justice of the Peace, or Returning Officer (a.'J the case: may be)]§. No candidate or the agent of a candidate at the election or postmaster or receiving officer of the post PA S R P T EO I I I A l L .- office can attest the signature (Rule 65 (5))." PROVI~ ION FOR TRE GOV~ ENT PART III.-SPECIAL PROVISION FOR THE GOVERNMENT ~ s~ ~ ~ : . y OF THURSDAY ISLAND. Government 10. Whereas during the state of war existing at of Thursday the passing of *" The Local Government Acts and Another Island. A ct A me nd ment A ct o , J / 1942, "'v Cl ili' an popn I atl . On was evacuated from the Town of Thursday Island and the Depaltment of the Army took over control of all the services and activities of the Thursday Island Town Council : And whereas by Part VI. of the said Acts the person for the time being performing the duties of Director- of Local Government, representing the Crown, was * 6 G. 6 No. 39.

LOCAL AUTHORITIES. 195 PART IIJ.- 1946. Local Government, Etc., Act (No. 2). SPECIAL PROVISION FOR THE GOVERNMENT OF appointed a corporation sole under the name and style THISULRASNDDA.Y of "The Corporation of the Director of Local Govern- ment" for the purpose of exercising and performing the powers, functions, authorities, and duties under the said Part VI. ; And whereas the Department of the Army has relinquished the control of the services and activities of the Thursday Island Town Council and it is presently impracticable to restore local government to the Town .of Thursday Island; And whereas until such time as local government may be restored to the Town of Thursday Island, it is necessary to make provision for the undertaking of certain of the services and activities previously under.. taken by the Council of the said Town ; It is hereby enacted as follows ;- (1.) In this Part, unless the context otherwise Dflfinitions. indicates or requires, the following terms have the meanings set against them respectively, that is to say ;- " Corporation "-The Corporation of the Director Corporation. of Local Government; " Council "-The late Council of the Town of Council. Thursday Island; "Council by-laws "-The Town of Thursday Council Island by-laws published in the Gazette of the by-laws. seventh day of December, one thousand nine hundred and twelve, as amended by by-laws made by the Council and published in the Gazette of the first day of April, one thousand nine hundred and sixteen, the eighth day of July, one thousand nine hundred and sixteen, the tenth day of July, one thousand nine hundred and twenty, the twenty-seventh day of May, one thousand nine hundred and twenty-two, the eighteenth day of June, one thousand nine hundred and thirty eight, and the tenth day of June, one thousand nine hundred and thirty-nine. The term also includes the by-laws made by the Council pursuant to the provisions of *" The Local Authorities Acts, 1902 to 1929," and t" The Electric Light and Power Act, 1896," and * 2 E. 7 No. 19 and amending Acts. t 60 V. No. 24.

196 LOCAL AUTHORITIES. PART III-- SPECIAL PROVISION Lorxil Government, Etc., Act (No. 2). 11 GEO. VI. No. 2, G~ o:a: :: NT - - - - - - - - - - - - - - - - - - - - - - - OF THURSDAY ISLAND. published in the Gazette of the seventh day of November, one thousand nine hundred and thirty-one, and the by-laws made by the Thursday Island Water Authority pursuant to the provisions of *" The Water Authorities Acts, 1891 to 1937," and published in the Gazette of the twenty-eighth day of June, one thousand nine hundred and forty-one. Repeals and (2.) (i.) Subject as hereinafter provided, Part VI. savings. of t" The Local Government Acts and Another Act Amend- ment Act of 1942" is hereby repealed. Disposal of Funds of (ii.) Moneys other than trust moneys paid over to Council. the Treasury by the Corporation pursuant to the pro- visions of Part VI. of t" The Local Government Acts ana Another Act Amendment Act of 1942," and held by the Treasury at the passing of this Act shall be paid to the Consolidated Revenue. Disposal of (ill.) All the property, whether real or personal, and p&rco.p, eorfty, all other assets of whatever description, and all rights Council. and liabilities of the Council shall, without any transfer, assignment, or conveyance, or notice other than this Act, be divested from the Council and shall be vested in and shall attach to and be discharged by and may be enforced by or against the Corporation. ca C h o d r am p rig o n r ei a ds t tw i ra ~ i- n th Gove ( r 3 n . m ) e ( n i. t ) A T c h t e s a re n p d ea A l no o t f he P r ar A t ct V A I. me o n f d t m " eTntheALcot c O a • J . l r tionofthis 1942," shall not abolish or be deemed to have abolished Part. the Corporation of the Director of Local Government established under such Part but such Corporation shall, subject to this Part of this Act, continue in operation and be charged with the administration of this Part of this Act. Moreover such repeal shall not affect any rights or obligations of the said Corporation or render defective any legal proceedings by or against it. Powers of (ii.) The Corporation shall undertake the powers, aCsoCrpoournactiilo. n functions, authorities, duties, and responsibilities of local government of Thursday Island and for such purpose shall have and possess and may exercise and perform * 55 v. No. 11 and amending Acts. t 6 G. 6 No. 39.

LOCAL AUTHORITIES. 197 P'uT IIl-:- 1946. Local Government, Etc., Act (No. 2). SPECIAL PROVISION MOR THE GOl'IiRNMENT 01' any of the powers, functions, authorities, duties, and THISUL.lAIS1D, !DA. Y responsibilities conferred upon a Local Authority by Part XI. of *" The Local Government Acts, 1936 to 1946." (iii.) The Corporation shall be charged with the To .. administration of the Council by-laws and any by-laws ~ ~ = : ~ er made by the Corporation pursuant to this Part, and for such purpose shall have and possess and may exercise and perform any of the powers, authorities, duties, and responsibilities conferred upon the Council or the Mayor, or any officer of the Council by such by-laws. (iv.) Without limiting the generality of the fore- M~ g, going powers and authorities, the Corporation shall, in ~ = ~ ya~ fd the exercise and performance of the functions of- charges. (a) Supply of water; (b) Supply of light and/or power; and (c) Cleansing by the removal of nightsoil and/or garbage, make and levy charges on such basis or such several bases as it may determine. Such charges shall be levied on the person or body at whose request the Corporation supplies such water, light, and/or power and/or cleansing and may be levied yearly, or half-yearly or at such other intervals of time as the Corporation determines. Such charges- (a) Shall be levied by the service of a demand ; (b) Shall be due and payable at the place stated in such demand within thirty days of the service thereof; and (c) Shall be recoverable on the expiration of thirty days after such service by action ill any court of competent jurisdiction. The Corporation may also cut off and take away the supply of any service from the premises of any person who fails to duly pay any such charges which are due and payable by him, and may thenceforth discontinue such service until such time as such charges shall have been paid. * 1 G. 6 No. 1 and amending Acts.

,198 LOCAL AUTHORITIES. PART IIL- " SPECIAL , PRQVISION Local Government, Etc., Act (No. 2). 11 GEO. VI. No. 2, 1946. d~ ~ ~ ~ ---------------------------------------------- OF THURSDAY (v.) Without limiting the generality of the foregoing Mak IS i L n A g N , D powers and authorities, the Corporation may in each levying, year make and levy a rate equally upon the rateable arencdovery of value of land in the Town of Thursday Island to defray rates. either wholly or in part the expenses to be incurred by the Corporation in such year in exercising and performing any of its functions pursuant to this Part of this Act except the functions mentioned in paragraph (iv.) of this subsection. Such rate shall be levied by the service of a rate notice on the owner and may be levied yearly or half-yearly and shall be due and payable at the place stated in such rate notice within thirty days of the service thereof. The provisions of *" The Local Govern- ment Acts, 1936 to 1946," relating to the levying and recovery of general rates shall, so far as they are applicable, mutatis mutandis, apply to the levying and recovery of such rate: Provided that before levying such rate, the Corpora: tion shall arrange with the Valuer-General appointed and holding office under t" The Valuation of Land Act of 1944 " to make a fresh valuation of the rateable value of land in the said Town and the provisions of such lastmentioned Act shall, so far as they are applicable, mutatis mutandis, apply to and with respect to the making of such fresh valuation. Such fresh valuation shall, subject to objection or appeal under such lastmentioned Act, be deemed to be in force on and from the first day of July next following the date when notice of valuation is given to owners by the Valuer-General and shall continue to be in force until the date on and from which the first valuation of all lands in the Cairns and Northern district made by the Valuer-General is proclaimed as coming into force pursuant to section eleven of such lastmentioned Act and the Corporation may, subject to this paragraph, levy such rate on and from the said first day of July. For the purposes of this paragraph the terms "rateable value of land" and "owner" shall have the meanings respectively assigned to them by *" The Local Government Acts, 1936 to 1946." Disposal of (4.) All moneys collected by the Corporation : li: , ~ r: d by pursuant to the provisions of this Part shall be paid by Corporation. the Corporation to the Consolidated Revenue. * 1 G. 6 No. 1 and amending Acts. t8 G. 6 No. 3.

LOCAL AUTHORITIES-MARRIAGE AND DIVORCE. 199 10 GEO. VI. No. 45, 1946. Matrimonial Cau8e8 Acts Amendment Act. PART 111.- SPECIAl, PROVISION FOR THE GOVERNMENT (5.) For the purpose of carrying out the objects TiIu:nAY and purposes of this Part and the powers, authorities, Po;:~ :r' duties, and responsibilities thereunder, the Corporation delegation. with the approval of the Minister, is hereby authorised to delegate to any officer of the Department of Local Government, but subject. to such terms and conditions as the Corporation thinks fit, any of the powers, authorities, duties, and responsibilities of the Corporation under this Part. Every such delegation shall be revocable at the will of the Corporation, but no delegation shall prevent the exercise of any power, authority, duty, or responsibility by the Corporation itself. (6.) As and when it shall become practicable to Power to restore local government to the Town of Thursday ~ ~ : - e Island, the Governor in Council may by Order in Council Government declare that local government shall be so restored and ~ ~I; !r. r8day may settle and adjust any rights, liabilities, and matters which in consequence require to be so settled and adjusted and may give such directions generally as will enable local government to be so restored. MARRIAGE AND DIVORCE. 10 GF.O. VI. An Act to Amend "The Matrimonial Causes Acts, No T . H 4 E 5. 1864 to 1945," in certain particulars. MATRIMONIAL CAUSES ACTS AMENDMENT ACT OF [ASSENTED TO 28TH NOVEMBER, 1946.] 1946. 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. (1.) This Act may be cited as " The Matnm . O . ntala S n h d ort title . Causes Acts Amendment Act of 1946," and shall be read constructIOn. as one with *"The Matnmonial Causes Acts, 1864 to 1945," herein referred to as the Principal Act. (2.) The Principal Act and this Act may collectively~~ :!~ ('tive be cited as "The Matrimonial Causes Acts, 1864 to 1946." * 28 V. No. 29.and amending Acts.