Local Government Acts Amendment Act of 1949 (No. 2) (13 Geo Vi No. 43) (Qld)

LAND-LOCAL AUTHORITIES. 55 13 GEO. VI. No. 43, 1949. Local Government Acts, Etc., Act (No. 2). Tax, any portion of such roll or part of a roll furnished to him) is made furnish to the Local Authority and to the said Commissioner a statement showing that amendment. Fees in respect of valuation rolls shall be payable as prescribed to the Valuer-General by every Local Authority." LOCAL AUTHORITIES. (1) Local, Government Acts Amendment Act of 1949, (No. 2) .. 13 Geo. VI. No. 43 (2) Sewerage, IWater Supp,ly, and Gas- fitting Act of 1949 13 Geo. VI. No. 55 An Aot to Amend "The Local Government Aots, 13 N G o E . O 4 . 3 V . I. 1936 to 1949," in certain particulars. THE LoCAL GOVERNMENT AOTS [ASSENTED TO 10TH NOVEMBER, 1949.] AAClITENODFM1E9N4T9 B (No. 2). E it enacted by the King's Most Excellent Majesty, . by and with the advice and consent of the Legis- lativeAssembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as" The Local Government Short title Acts Amendment Act of 1949 (No. 2)," and shall be read and . as one with *" The Local Government Acts, 1936 to 1949," oonstruotlOn. herein referred to as the Principal Act. The Principal Act and this Act may be collectively Colleotive cited as " The Local Government Acts, 1936 to 1949." title. 2. In subsection four of section nineteen of the Amendment Principal Act the words "one hundred pounds" are ofs. 19 (4). repealed and the words" two hundred and fifty pounds" are inserted in lieu of such repealed words. 3. The following section, numbered 19A, is inserted ~ ews.19A after section nineteen in Part VIII. of the Principal mserted. Act, namely:- " [19A.] (1.) A Local Authority may from time to Insuranoe of time enter into contracts with the Insurance Commissioner members. as defined under t" The Insurance Acts, 1916 to 1940," or the holder of a license, issued under. those Acts, to carry on general insurance business in Queensland, for the insurance of every member of that Local Authority against injury (fatal or non-fatal) arising out of or in the course of the performance of the duties of his office (including his attendance at meetings and committee • 1 G. 6 No. 1 and amending Acts. t 7 G. 5 No. 27 and amending Acts.

56 LOCAL AUTHORITIES. Local Government Acts, Etc., Act (No. 2). 13 GEO. VI. No. meetings of the Local Authority and making inspections or arising out of or in the course of his journey to from a meeting or committee meeting of the Authority, which he is authorised or required to W" ~' VJ. J., .... or to or from a place where an inspection is a . or required to be made by him in the course of performance of the duties of his office, and further injury arising out of or in the course of direct journey to obtain a medical certificate, or receive medical, surgical, or hospital treatment, payment under such contract of insurance, or to place of abode after receiving such certificate, treatmen or payment. Every such contract of insurance entered . shall b~ for the benefit of the members insured (or, in the case where death of a member results an injury insured against, for the benefit of that mem dependants or for the benefit of the dependants of ex-member whose office became vacant as a result his injury), and shall, as far as practicable, provide same benefits for all persons insured as are provided the case of workers under *" The Workers' . Acts, 1916 to 1948." . (2.) Notwithstanding anything to the con contained in this Act or any other Act, a person not, 'by reason of his receiving any payment or r",.,nO.'TTnrro under or being interested or concerned in any ron1nt-.,'orot-,1 or proposed contract of insurance under this section, disqualified from being or continuing a member of Local Authority, nor be disqualified with respect to election or appointment under this Act or any other Act or law, and if a member of a Local Authority is present at a meeting of the Local Authority at which a contractor proposed contract or other matter under this section is the subject for consideration, he shall b€ entitled to take part in the consideration or discussion of or vote on any question with respect to the contract or proposed contract or other matter notwithstandinf any such payment, benefit, interest, or concern. (3.) All expenditure by a Local Authority in respec' of any contract under this section shall be deemed to be expenditure in respect of the management of the office of the Local Authority. * 6 G. 5 No. 35 and amending Acts.

LOCAL AUTHORITIES. 57 1949. Local Government Acts, Etc., Act (No. 2). (4.) In this section the term "injury" means personal injury arising out of or in the course of the performance of the duties of office or arising out of or in the course of a journey specified in this section and includes a disease whic~ is contracted by a member in the course of the performance of the duties of his office or of such a journey; and the term" dependants" in reference to It member shall have the same construction as the term " dependants " has in reference to' a worker under *" The Workers' Compensation Acts, 1916 to 1948.,... 4. Section thirty-five of the Principal Act is Amend- amended- mentsof s.35. (a) By inserting a new subsection 7A after subsection seven of the said' section, as follows :- . " [7 A.] (i.) ,\Vhere the Local Authority proposes to Power to lay construct; reconstruct, remetal, or repave the carriageway conduits for ofany road or part thereof the Local Authority may before ~ : : Vice pipes doing so make such provision (by ·laying conduits across that and charge road or part at suitable intervals) as will enable gas service costs. pipes to be laid to connect the mains with neighbouring land without digging up the constructed, reconstructed, remetalled, or repaved carriageway of the road. (ii.) Before laying any such c~ mduits the Local Authority shall seek the advice of the persons or bodies engaged in supplying gas in the Area or the part of the Area as to the most suitable form of conduit, the method of laying it, and incidental matters. (iii.) (a) Where conduits are constructed across any road or part thereof in pursuance of this subsection, then the person or body engaged in supplying gas in the Area or part of the Area shall not lay in that road or part any service pipe to connect any land with the main unless that service pipe is laid through a oonduit constructed as aforesaid. (b) Each person or body engaged in supplying gas in the Area or part of the Area shall, when first laying a service pipe through a conduit provided by the Local Authority in pursuance of this subsection, pay to the Local Authority one halfof the cost of the laying of the conduit. (iv.) The person or body engaged in supplying gas in the Area or part of the Area may continue to enjoy the use of any service pipe connecting any land with the main and already laid in a road or part thereof at the time of construction of conduits in that road or * 6 G. 5 No. 35 and amending Acts.

58 LOCAL AUTHORITIES. Local Government Acts, Etc., Act (No. 2). 13 GEO. VI. No. 43,1949. Indemnity in respect of grids. part in pursuance of this subsection, but shall, when that service pipe requires attention, relay that service pipe through a conduit constructed as aforesaid or lay a new service pipe therefor through such Et conduit. (v.) The provisions ofthis subsection shall apply to any gas service pipe connecting any land with the main and laid in a road whether under this Act or any other Act or under any permission granted by the Locai'Authority." (b) By adding to the said section the following subsection, namely :- ot h " er( 2p5e.) rsNono wowhonmers,oleevsesrees,hoalrl ohcacvuepiaenr yofacatIn . Oyn, lacn 1 adl . mor, or demand (and it is hereby declared that such owner, I lessee, occupier, or person never had any action, claim, or demand) for damages or compensation or any other right or remedy whatsoever against a Local Authority or any officer or employee of a Local Authority for or in respect of any damage, loss, or injury suffered or alleged to have been suffered by reason of any grid which the Local Authority has heretofore erected or caused or permitted to be erected or may hereafter erect or cause or permit to be erected upon such land or upon or near the boundaries thereof, allowing or permitting or failing to prevent the incursion into or upon such land of any wild dog or dingo or of any other animal whatsoever. It is hereby declared that it is and always was unlawful for a Local Authority, its officers or servants or any person on its behalf to waive by agreement or by conduct or in any other manner whatsoever the benefit of any of the provisions of this subsection." Are~~(~t 5. The following paragraphs are added to subsection o s. A • seven of section 49A of the Principal Act, namely : - " "W'here under section twenty-one of *" The Liquor Acts, 1912 to 1948," and this subsection application is I made to the said Commission for an order or orders authorising a nominee of a Local Authority to carry on the business of any licensed premises temporarily under the existing license therefor in some neighbouring premises, or for any extension of the period of the authority as aforesaid of any such nominee, the foregoing provisions of this section shall apply so as not to limit the period for which such nominee may be so authorised or for which his authority as aforesaid may be extended at any time or from time to time. * 3 G. 5 No. 29 and amending Acts.

LOCAL AUTHORITIES. 13 GEO. VI. No. 55, 1949. Sewerage, Water Supply, Etc., Act. In every such case the period of the authority as aforesaid of the nominee of the Local Authority and of any extension thereof may be such period longer than three months as the said Commission with the prior approval by Order in Council of the Governor in Council thinks reasonable in the circumstances." 59 An Act to Provide Standard By-laws for Local 133o~ o55~ I Authorities in relation to Sewerage and SEJEHR~ G: m, Water Supply and to Make Provision for the ~ ~ ~ ~ : l~ Preparation of Standard By-laws in relation ACT OF 1949. to Gasfitting; to Provide for the Constitution of a Board for the Examination and Licensing of Plumbers and Drainers and, upon the Preparation of Standard By-laws in relation to Gasfitting, of Gasfitters; and for these objects to Amend "The Local Government Acts, 1936 to 1949," and "The Health Acts, 1937 to 1948," each in certain particulars. [ASSENTED TO 8TH DECEMBER, 1949.] 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 1.- PRI!ILIMINARY. I This Act may be cited as "The Sewerage, Short title. Water Supply, and Gasfitting Act of 1949." *2. Except as herein otherwise provided, this Act Commeroe- shall come into operation on a date to be fixed by the ment 0 Aot. Governor in Council by Proclamation published in the Gazette (which date is referred to in this Act as the commencement of this Act). * Commenced 1st January, 1950; (Proclamation published Gazette, 24th December, 1949, p. 2650.)