Local Government Acts Amendment Act of 1956 (5 Eliz Ii No. 12) (Qld)

204 LOCAL AUTHORITIES. Local Government Acts Amendment Act . 5 E liz . II. No. 12, LOCAL AUTHORITIES. 5 N E O l . k 1 . 2 I . I. An Act to Amend “ The Local Government Acts, 1936 T he L ocal G overnment to 1955,” in certain particulars. ACTS AMENDMENT ACT OF 1956. [A ssented to 19 th N ovember , 1966.] E it enacted by the Queen’s Most Excellent Majesty, B 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:— Short title. 1. (1.) This Act may be cited as “ The Local Government Acts Amendment Act of 1966.” Principal (2.) *“ The Local Government Acts , 1936 to 1966,” Act. are in this Act referred to as the Principal Act. Collective (3.) The Principal Act and this Act may be title. collectively cited as “ The Local Government Acts, 1936 to 1966.” Amendment 2. Subsection seven of section seven of the Principal of s. 7 (7). Act is amended by repealing in paragraph (ii.) the words “ on payment of a sum not exceeding two shillings for every copy thereof” and inserting, in lieu of those repealed words, the words “ on payment for each such copy of such sum as the Local Authority determines by resolution, but not exceeding— (a) Where the returning officer has compiled the roll, the cost incurred in respect of the compilation thereof; or (6) Where an electoral roll or rolls is or are to be used as hereinbefore provided, the cost incurred in respect of the purchase thereof together with the cost of making such eliminations from or corrections in such electoral roll or rolls as are hereinbefore provided.”. 1 G. 6 No. 1 and amending Acts.

1956. LOCAL AUTHORITIES. LocalGovernment ActsAmendment Act. 205 3. Section twenty-one of the Principal Act Amendments amended-— of s. 21. (a) By repealing in the second paragraph thereof, the words “ Agricultural drainage separate rate ” and inserting in lieu of those repealed words, the words “ Separate drainage rate, separate drainage loan rate, and/or separate drainage maintenance rate ” ; ( b ) By repealing subsection eleven thereof together with the headnote thereto, and inserting in lieu of that repealed subsection and headnote, the following subsection and headnote— “ Separate Drainage Rate , Separate Drainage Loan Rate, and/or Separate Drainage Maintenance Rate. (11.) Where the Local Authority exercises and Separate performs the function of agricultural drainage, the Local Authority may in each year make and levy separate drainage rates, separate drainage loan rates, and/or separate drainage maintenance rates under and in pursuance of section forty-seven of this Act.”. 4. ...Subsection two of section twenty-seven of the Amendments Principal Act is amended— of ®- 27 (2)- (a) By repealing in paragraph (i.) the words “ fixed by the by-laws ” and inserting, in lieu of those repealed words, the words “ fixed by resolution ” ; and (b) By repealing in paragraph (ii.) the words “ fixed by the by-laws ” and inserting, in lieu of those repealed words, the words “ fixed by resolution ”. 5. Subsection three of section twenty-eight of the Amendments Principal Act is amended — of s. 28(3). (a) By inserting before the words “ Make application to the Minister ” in paragraph (iii.)» the words and comma “ In the case of a Shire,” ; ( b) By adding to subparagraph (d) of paragraph (iv.) the words and commas “, or in the case of a Town where the Minister has not defined a part as determined by him to be specially benefited, stating that the whole Area is deemed to be benefited.” ; and (c) By adding thereto the following paragraph, namely:— “ Any work or undertaking within the Area of a Town for the purposes whereof money is proposed to be borrowed shall be deemed to be for the benefit of

206 LOCAL AUTHORITIES. Local Government Acts Amendment Act. 5 Buz. II. No. 12, the whole Area unless the Minister (who is hereby thereunto authorised) determines that a part defined by him of the Area will be thereby specially benefited.” Amendment 6. Section thirty of the Principal Act is amended by of s. 30. adding thereto the following paragraph, namely:— “With respect to any substance which is an explosive under and within the meaning of *“ The Explosives Act of 1952,” the power of the Local Authority to make by-laws shall be limited so that a by-law shall not be inconsistent with any provision of *“ The Explosives Act of 1952,” and to the extent of such inconsistency, a by-law, whether made before or after the enactment of this paragraph, shall be void and of none effect.” Amendment 7. Subsection twenty-four of section thirty-five of s. 35 (24). of the Principal Act is amended— (а) By renumbering that subsection as paragraph (i.) of that subsection ; and (б) By adding to that subsection as so renumbered the following paragraph, namely:— Temporary “ (ii.) The Local Authority may by by-law provide itnrarmoawdasy. s for, regulate, and control the construction, management, maintenance, and working in, along, across, upon, under, or over a road or bridge of a tramway or any part of a tramway for carrying out temporarily a purpose specified in paragraph (i.) of this subsection and the removal of such a tramway or part of a tramway upon the completion of the purpose concerned. By-laws made pursuant to this paragraph shall require the obtaining of a permit in writing precedent to the construction of such a tramway or part of a tramway (which permit shall be subject to such conditions, reservations, restrictions and stipulations as the Local Authority may think proper), may, subject to this paragraph, fix the period for which such a permit or any extension thereof shall be in force, may prescribe, provide for, regulate and control the things and steps to be done and taken with respect to the construction, management, maintenance, and working of such a tramway or part of a tramway, shall require the removal of the tramway or part of a tramway forthwith upon * 1 Eliz. 2 No. 34.

LOCAL AUTHORITIES. 207 1956. LocalGovernment Acts AmendmentAct. the expiry of the permit, may prescribe the persons by whom and the time when any such thing or step is to be done or taken, may provide for the doing or taking by the Local Authority of any prescribed thing or step upon default by the prescribed person, for the recovery from the person so in default of the cost incurred by the Local Authority in doing or taking the thing or step, and for the cancellation of any permit for breach of the by-laws and for the removal, forthwith upon such cancellation, of the tramway or part of a tramway. Additionally, and without limit, to the foregoing provisions of this paragraph, section thirty-one of this Act shall apply with respect to the making of by-laws in pursuance of this paragraph. No permit granted pursuant to this paragraph shall be granted for a period greater than nine months and no permit shall be extended so that the original term of the permit together with the term of the extension shall, in the aggregate, exceed nine months. A second or subsequent permit shall not be granted pursuant to this paragraph in respect of any one and the same tramway or part of a tramway within three months after the expiry of the term or, if extended, the extended term of the next preceding such permit. It shall be lawful for the tramway owner, pursuant to such permit and during the currency thereof, to construct, manage and work the tramway by means of the motive or animal power named in the permit without being liable to any action or proceeding on the ground that the existence of such tramway is an obstruction to the road or bridge in question.” 8. Section forty-seven of the Principal Act is Repeal of repealed, and in lieu of that repealed section, the ^47?ew following section is inserted, namely :— “ [47.] (1.) Subject to this section, the Local of Authority may undertake agricultural drainage of the Authority land in the whole or any part or parts of the Area. with reapect (2.) For the purposes of this section, “ agricultural drainage ” means drainage work executed for the purpose of preventing or minimising damage to rural land by flood or storm water or for the purpose of improving such land for rural purposes, or for both those purposes ; the term “ drainage work ” includes not ojoly drains

20» LOCAL AUTHORITIES. Local Government Acts Amendment Act. 5 E liz . II. No. 12, but also contour banks, levee banks, pondage areas and any work, whether or not of a like nature, which is necessary to drain land or to control or regulate flow or run-off of water over or from, land ; the term also includes altering the contour of land and the removal or alteration of any obstructions (whether formed artificially or naturally) to the successful operation of the scheme of drainage ; and such drainage work shall be divided into two categories, namely :— (i.) Work of general benefit, being main drains, contour banks, levee banks, pondage areas and other work of general benefit to the area served; and (ii.) Work of private benefit, being feeder drains, contour banks, levee banks, pondage areas and other work within the confines of a particular parcel of land and constructed for the purpose of the agricultural drainage of that particular parcel of land and enabling that land to be drained into the work of general benefit. (3.) Before undertaking a scheme of agricultural drainage, the Local Authority shall cause to be prepared a preliminary report on the proposed scheme together with— (i.) A preliminary estimate of the capital cost thereof showing separately the estimated cost of the work of general benefit and the estimated cost of the work of private benefit (showing, in respect of the work of private benefit, the estimated cost of such work on each parcel of land). Moreover, if the work of general benefit is to be financed by the raising of a loan, the estimated annual charge for interest and redemption of that loan shall be shown; (ii.) A preliminary estimate of the cost of operating, managing and maintaining the work of general benefit; (iii.) An estimate of the cost of preparing the information set out in subsection five of this section; and (iv.) A statement of the proposed manner of disposal of the final discharge from the scheme.

LOCAL AUTHORITIES. 1956. LocalGovernment Acts Amendment Act. A copy of such report and the information prepared in accordance with this subsection shall he submitted to the Minister with the representations of tlhe Local Authority thereon. (4.) If the Minister grants approval of the report and the information accompanying that report (which approval may be subject to such conditions as the Minister may deem fit), he may authorise the Local Authority to enter into negotiations to borrow the moneys necessary to meet the cost of undertaking and preparing the surveys, plans, specifications, estimates and information set out in subsection five of this section and the Local Authority may proceed to borrow such money. Every such loan shall be borrowed under and subject to the provisions of section twenty-eight of this Act, with the following modifications, namely :— (i.) The benefited area for the said borrowing shall be defined by the Minister and shall include the land which, in the Minister’s opinion, "will be served by the work of general benefit; (ii.) Any owners, being not less than ten per centum of the whole of the owners, of the land defined by the Minister as being benefited may require under section twenty-eight of this Act the poll provided thereunder ; and (iii.) For the purposes of such poll, an “ elector ” shall be deemed to be an owner of land defined by the Minister as being benefited and the voters’ roll for the purpose of such poll shall comprise only the names of all such owners of land at the date the demand for a poll is delivered to the returning officer. The Local Authority shall, in advertising the proposed loan under the provisions of section twenty-eight of this Act, set out in the advertisement a statement that the material prepared pursuant to subsection three of this section is open for inspection at the public office of the Local Authority. This subsection applies so as not to prejudice or limit the power of the Local Authority to finance the aforementioned cost by means of a separate drainage rate. 209

210 LOCAL AUTHORITIES Local Government Acts Amendment Act. 5 E liz . II. No. 12, (5.) The Local Authority may, so soon as it has made provision for defraying the cost thereof (either by way of loan or by the making and levying of a separate drainage rate), cause to be undertaken and prepared— (i.) The necessary surveys for the planning of the scheme ; (ii.) The collection of rainfall and run-off data, including the incidence and pattern of rainfall; (iii.) Final plans, specifications and estimates of cost of the scheme ; (iv.) A full description of the scheme and the purpose thereof, including the manner of disposal of the final discharge from the scheme ; (v.) A full description of the land which will be affected by the scheme and the names of the owners of such land ; (vi.) The estimated capital cost of the scheme showing separately the estimated cost of the work of general benefit and the estimated cost of the work of private benefit (showing, in respect of the work of private benefit, the estimated cost of such work in respect of each parcel of land). Moreover, if the work of general benefit is to be financed by the raising of a loan, the estimated annual charge for interest and redemption of that loan shall be stated; (vii.) The estimated annual cost of operating, managing and maintaining the work of general benefit; and (viii.) A valuation of the amount of betterment assessed as accruing in respect of each parcel of land declared benefited pursuant to subsection four of this section by reason of the carrying out of the scheme. The person charged with the undertaking and preparation of the final plans, specifications and estimates of cost of the scheme shall consult with each owner of land upon which work of private benefit is to be built, before preparing final plans, specifications and estimates of

1956. LOCAL • AUTHORITIES. LocalGovernment Acts Amendment Act. cost of such works of private benefit. He shall, so far as is practicable, meet the wishes of such owner as to the nature and extent of such work and its position on the subject land, and where he is unable to meet such wishes, shall state in his report to the Council the manner in which he has been unable to meet such wishes and the reason therefor. (6.) (a) The valuation of the amount of betterment mentioned in paragraph (viii.) of subsection five of this section shall be made by the Valuer-General, who for the purpose of making such valuation shall have and may exercise such of the powers and authorities conferred upon him by *“The Valuation of Land Acts, 194 to 1953” as he deems necessary. (6) Part VI. of *“ The Valuation of Land Acts, 1944 to 1953,” and regulations thereunder pertaining to that Part thereof, shall, subject to adaption as necessary, apply with respect to any and every valuation of the amount of betterment accruing to any land made by the Valuer-General pursuant to this subsection. (7.) {a) Upon completing the requirements of subsection five of this section, the Local Authority shall serve on the owner of any and every parcel of land which will be affected by the scheme a notice informing him that the foregoing information is available for inspection by him at the office of the Local Authority. Such notice shall in each case be accompanied by— (i.) A plan of the work of general benefit in so far as that work is situated on the land of that owner ; and (ii.) Plans, specifications and estimates of cost of the work of private benefit on the land of that owner. Such notice shall specify a date (not being less than thirty days from the date thereof) on or before which the owner may object to any or all of the said works or any part thereof. Each such objection shall be in writing addressed to the clerk and shall specify, in detail, the objection and the grounds thereof and shall include a statement of the facts and circumstances on which the owner relies to support that objection. * 8 G. 6 No. 3 and amending Acts. 211

212 LOCAL AUTHORITIES. Local Government Acts Amendment Act. 5 E liz . II. No. 12, (6) Immediately following the closing date of objections, the Local Authority shall consider each objection and submit the material prepared in accordance with subsection five of this section together with the objections and its representations thereon to the Minister. (c) The Minister shall determine each objection and for that purpose may appoint a qualified person to hear and determine the same. (d) If the Minister grants approval of the scheme (whether with or without amendment or modification), the Minister may authorise the Local Authority to enter into negotiations to borrow the moneys necessary to construct the work of general benefit included in the scheme and the provisions of section twenty-eight fo this Act, as modified by subsection four of this section, shall apply to any such borrowing. The Local Authority shall, in advertising the proposed loan under the provisions of section twenty-eight of this Act, set out in the advertisement a statement that the information prepared pursuant to subsection five of this section is open for inspection at the public office of the Local Authority. This paragraph applies so as not to prejudice or limit the power of the Local Authority to finance the cost of the scheme by means of a separate drainage rate. (8.) The Local Authority may, so soon as it has made provision for defraying the cost thereof (either by way of loan or by the making and levying of a separate drainage rate) proceed to execute the work of general benefit. (9.) (a) The Local Authority, by notice in writing, shall call upon the owner of each parcel of land included in the scheme to execute and carry out, at his own cost and strictly in accordance with the plans and specifications thereof, the work of private benefit which by the scheme is required to be executed or constructed on his land. ( b) Such notice shall specify a time within which that owner shall carry out such work and, if he fails so to do, then he shall be guilty of an offence and the Local Authority may carry out such work and recover the cost thereof from the owner as hereinafter provided.

LOCAL AUTHORITIES. 1956. LocalGovernmentActsAmendmentAct. (c) The Local Authority may enter into arrangements with the owner to execute such work on his behalf, including arrangements for the owner to recoup the expenditure incurred by the Local Authority in so doing. The Local Authority may recover as hereinafter provided any moneys not duly paid by the owner pursuant to such arrangements. {10.) Where at the date of service of the notice mentioned in paragraph (a) of subsection nine of this section there exists on any land any drainage work which, in the opinion of the Local Authority, will prejudice the proper and effective operation of the scheme, the Local Authority, by notice in writing, may call upon the owner of such land to remove such work or to alter it in such a manner that it will no longer prejudice the proper and effective operation of the scheme. If the owner fails to carry out the requirements of the notice, the Local Authority may perform the work of removal or alteration and recover the cost thereof from the owner in the manner hereinafter in this section provided. This subsection applies so as not to prejudice or limit the power of the Local Authority to make provision for the alteration or removal of such drainage work being made in the work of private benefit for the land concerned, in which case there shall be no necessity to serve a separate notice under this subsection. (If.) For the purpose of carrying out any of the powers, duties or obligations granted to or imposed upon it by this section the Local Authority, by its officers and other employees, shall, subject to giving to the owner or occupier not less than fourteen days’ notice of intention so to do, have power to enter and remain upon any land, and to break the surface, excavate and do thereon all other acts and things reasonably required for such purpose. {12.) The power of the Local Authority to take land extends to land required for carrying out the work of general benefit in a scheme of agricultural drainage. {13.) Any person whose land is injuriously affected by the work of general benefit in a scheme of agricultural drainage shall be compensated therefor by the Local Authority. 213

214 LOCAL AUTHORITIES. Local Government Acts Amendment Act. 5 E liz . II. No. 12, Any amount of such compensation shall be deemed to be part of the cost of the work of general benefit concerned. (14.) (a) The Local Authority may make and levy a separate drainage rate to meet any costs incurred under this section in executing and carrying out the work of general benefit. (b) Where the Local Authority finances any costs which by this section it can meet by the raising of a loan, by borrowing such a loan, the Local Authority shall in each year make and levy a separate drainage loan rate for the purpose of repaying the amount of such loan. • Such rate shall be of an amount sufficient to provide the interest and redemption of the loan liability so incurred. (c) A separate drainage rate, a separate drainage loan rate, or a separate drainage maintenance rate, shall be made and levied upon the amount of betterment duly assessed as accruing to each and every parcel of rateable land included in the scheme and shall be made, and levied, and be payable and recoverable under the provisions of this Act relating to the making, payment, levy and recovery of rates, which provisions shall apply and extend accordingly. (15.) The Council shall from time to time cause the work of general benefit to be maintained in a state of efficient working and for that purpose may make and levy a separate drainage maintenance rate to meet the cost of such maintenance. (16.) The owner of each parcel of land included in the scheme shall be charged with the duty of maintaining at all times any work of private benefit thereon. The Local Authority may, by notice in writing, require the owner to perform any work required for such maintenance. If the owner fails to comply with the requirements of the notice within the time therein specified, he shall be guilty of an offence and the Local Authority may perform the work required by the notice and recover the cost thereof as hereinafter provided.

LOCAL AUTHORITIES. 1956. LocalGovernment ActsAmendmentAct. (17.) Without the permission of the Local Authority in writing, no person shall divert or discharge or permit to be diverted or discharged into the work of general benefit any water from any land included in the scheme except by work of private benefit constructed strictly in accordance with the scheme. (18.) A person shall not divert, or block, or otherwise interfere with any work of private benefit without the prior permission in writing of the Local Authority or contrary in any respect to the terms and conditions of such a permission. (19.) The Local Authority shall, in the construction or maintenance of a scheme, have full power to remove any material from any land and dispose thereof (including its disposition on other land) or to shift such material about on the land from which it is taken. (20.) Where by this section the Local Authority is empowered to recover any cost in default of payment by the owner, then such cost may be recovered by action in a court of competent jurisdiction. (21.) Where the Local Authority is of the opinion that the construction or the operation of the work of general benefit results or will result in a general community benefit in addition to the general benefit enjoyed by the contributing owners, the Local Authority may, with the approval of the Minister, subsidise the cost of carrying out or the cost of maintaining the work of general benefit, or both these costs, from the General Fund. In addition, it may, with the approval of the Minister, contribute towards the capital cost of such work by way of meeting part of the loan liability incurred in respect of the scheme and charging same on the General Fund. (22.) All costs recoverable by a Local Authority under this section shall be a charge upon the lands in respect whereof the same were respectively incurred and subsection seven of section fifty of this Act applies accordingly. This subsection applies so as not to prejudice or limit the power of the Local Authority to recover any amount not duly paid of any such costs, every such amount being hereby declared to be recoverable by action in any court of competent jurisdiction. Costs 215

216 Saving. LOCAL AUTHORITIES. Local Government Acts Amendment Act. 5 Euz. II. No. 12, payable by a person under this section may be recovered notwithstanding that he has not been proseouted for an offence hereunder. (23.) Where, prior to the date (in this subsection referred to as “ the said date ”) of the passing of *“ The Local Government Acts Amendment Act of 1956,” a Local Authority had commenced to undertake a scheme of agricultural drainage under the provisions (hereinafter in this subsection referred to as “ the repealed provisions ”) of section forty-seven of The Local Government Acts, 1936 to 1955,” as in force immediately prior to the said date, the Local Authority may continue and complete the undertaking of such scheme under and pursuant to the repealed provisions : Provided that in any such case, or in any case where a Local Authority had before the said date completed the undertaking of a scheme of agricultural drainage, the Local Authority is hereby authorised to and shall make, levy and recover a separate drainage loan rate under the provisions of this Act for the purpose of repaying, in respect of any loan liability incurred in the undertaking of such scheme, any amount thereof including interest thereon which becomes due on or after the said date, and is hereby authorised to make, levy and recover a separate drainage maintenance rate under this Act for the purpose of meeting the cost of maintaining the scheme so undertaken under the repealed provisions. Any such rate shall be levied on the valuation made pursuant to the repealed provisions. This subsection applies so as not to prejudice or affect howsoever the authority and power of the Local Authority to recover any unpaid amount of any rate made and levied under the repealed provisions. (24.) (a) In this subsection the term “ levee bank ” means any embankment or other structure whereby water, including flood water, is kept wholly or partly from flowing onto or from any land, or whereby the inundation of any land by water, including flood water, from any other land is prevented or reduced, or whereby the flow of water, including flood water, onto or from any land is prevented, regulated or controlled. * This Act. f 1 G. 6 No. 1 and amending Acts.

LOCAL AUTHORITIES. 1956. LocalGovernmentActs AmendmentAct. (b) This section does not apply with respect to the construction, maintenance or use of a levee bank under, subject to and in compliance with an order, license, permit or other authority made or granted under any other Act. This subsection applies so that permission hereunder does not authorise the construction, maintenance or use of a levee bank contrary in any respect to the requirements of any other Act. (c) Where in respect of the whole or any part or parts of the Area, the Local Authority satisfies the Governor in Council that— (i.) Levee banks would be likely to affect natural drainage to such extent as to cause damage to land or to any public work, service or undertaking; (ii.) In general, having regard to land topography, and in the absence of a scheme of agricultural drainage, the natural flow of water should not be in any way affected by levee banks ; and (iii.) Save as required, permitted or authorised under or pursuant to some other Act or permitted in writing by the Local Authority, levee banks should be prohibited, then, subject to paragraph ( d ) of this subsection, the Governor in Council may, by Order in Council, apply this subsection to the Area or, as the case may be, the part or parts in question of the Area. ( d ) The Governor in Council may, upon the application of the Local Authority, so apply this subsection to the Area or the part or parts in question of the Area— (i.) Pending the construction, pursuant to this section, of a scheme of agricultural drainage, in which event the Order in Council shall state that this subsection is thereby so applied from the date of the publication thereof in the Gazette and thereafter until the date when the last of the notices specified in subsection nine of this section shall have been served; or 217

218 LOCAL AUTHORITIES. Local Government Acts Amendment Act. 5 E liz . II. No. 12, (ii.) Subject to the Local Authority satisfying the Governor in Council that the cost of a scheme of agricultural drainage would probably be beyond the economic ability of owners of the lands which would be served thereby, for a fixed period of time, which period shall be stated in the Order in Council and may be extended by the Governor in Council from time to time by a further Order in Council or Orders in Council. (e) Subject to this subsection the Local Authority of an Area wherein or in any part or parts whereof this subsection applies, may permit the construction in that Area, or part or parts of levee banks. A person shall not, at any time when this subsection applies to an Area or any part of an Area, construct or permit or allow to be constructed within or partly within that Area or part any levee bank— (i.) Unless with the prior permission in writing of the Local Authority ; or (ii.) Contrary in any respect to the requirements of such permission, or maintain or permit or allow to be maintained or, in the case of an owner of land, permit or allow to remain on land within that Area or part any levee bank, or part of any levee bank, the construction whereof has not been permitted in writing by the Local Authority or which has been constructed contrary in any respect to the requirements of the permission in writing in that behalf of the Local Authority. Penalty: One hundred pounds and, where the offence is continued after a conviction therefor, twenty pounds for each and every day whereon the offence is so continued. (/) The Local Authority shall make by-laws prescribing, providing for, regulating and controlling the making, advertising, consideration and determination of applications for permits under this subsection, including, but without limit to the generality of the power to make by-laws conferred hereby, with respect to— (i.) The form of application and the particulars and information to be contained in or to accompany such application ;

LOCAL AUTHORITIES. 1956. LocalGovernmentActs Amendment Act. (ii.) The giving of public notice by advertising the application at least twice in a newspaper ; (iii.) Objections to applications, the form of and the period within which an objection may be lodged and the particulars and information to be contained in or to accompany the objection ; (iv.) The procedure to be followed by the Local Authority on the consideration and determination of applications and objections ; (v.) Fees payable in connection with applications and objections and the times of payment thereof; and (vi.) Any other matter which the Local Authority shall deem necessary for the proper consideration and determination of applications and objections. (g) For the purposes of determining an application, the Local Authority may undertake such investigations and inquiries in the matter as it shall deem necessary, any of which investigations and inquiries may be at the expense of the applicant. The Local Authority may require the applicant to lodge with it a sum of money as determined by it as security for payment of any such expense, and may apply that sum or any amount thereof in or towards defraying the expense. (h) In determining an application, the Local Authority shall have regard to the cases submitted by the applicant and any objectors respectively, the probable effect of the proposed levee bank on the pattern of natural drainage in the whole or part or parts of the Area, and the damage (if any) which the construction of the levee bank would be likely to occasion any other land or any public work, service or undertaking, and having regard to these factors, the circumstances of the case and the public interest, shall determine the matter. (i) The Local Authority, in determining the matter, may approve an application, either with or without conditions, or may disapprove an application. It shall serve notice in writing of its decision and the reasons therefor on the applicant and each objector. Where the Local Authority approves an application it shall withhold 219

220 LOCAL AUTHORITIES. Local Government Acts Amendment Act. 5 E liz . II. No.. 12, the issue of the permit for a period of thirty days from and including the day on which notice of its decision is served as hereinbefore provided. (j) The applicant or any objector who feels himself aggrieved by any such decision, may appeal within a period of thirty days of service of such notice. (k) If no appeal against the approval of an application is lodged within the period of thirty days, then the Local Authority shall issue a permit in accordance with its decision. If an appeal is lodged, then no permit shall be issued unless and until the appeal shall have been heard and determined in favour of the applicant. (l) The decision of the appeal authority shall be deemed to be the final decision of the Local Authority and shall be final and binding. The Commissioner of Irrigation and Water Supply under and within the meaning of *“ The Irrigation and Water Supply Commission Acts , 1946 to 1949,” shall be and is hereby constituted the appeal authority to hear and determine all appeals under this subsection. The provisions of The Commissions of Inquiry Acts, 1950 to 1954,” shall apply to and with respect to any and every appeal and, for the purposes of so applying the provisions of those Acts, the Commissioner of Irrigation and Water Supply shall be deemed a Commissioner under and within the meaning of those Acts duly appointed to make an inquiry with respect to the subject matter of the appeal. The costs incurred by the said Commissioner with respect to hearing and determining an appeal shall be paid by such of the parties thereto as the Commissioner determines. He shall fix the amount of such costs and, if he determines that more than one of the parties shall pay the same, the proportions to be paid by them respectively. Any amount of costs payable pursuant to such an order shall be recoverable by the Commissioner as a debt. * 11 G. 6 No. 11 and amending Act. t 15 G. 6 No. 2 and amending Act.

LOCAL AUTHORITIES. 1956. LocalGovernment Acts AmendmentAct. (m) No permission under this subsection shall prejudice or affect howsoever any right or remedy in damages or otherwise however had by any person in relation to the levee bank the subject of that permission and any and every such right or remedy shall be enforceable and may be enforced to the same extent as if this subsection had never applied in the case : Provided that no person shall have any right or remedy in damages or otherwise however against the Commissioner of Irrigation and Water Supply or the Local Authority in respect of anything done by him or it under this subsection. ( n ) Where, at the date when this subsection is applied to an Area, or part of an Area, there is on land within that Area or part any levee bank, or any part of a levee bank, which, in the opinion of the Local Authority, affects or is likely to affect natural drainage to such an extent as to cause damage to land or to any public work, service or undertaking, then the Local Authority may, by notice in writing, require the owner of the land to apply to the Local Authority, within the period specified in the notice, for permission in writing to continue to maintain that levee bank, or part of a levee bank. Subject to this paragraph the provisions of this subsection apply with respect to such an application as if it were an application for permission to construct the levee bank, or the part of a levee bank, in question. A person shall not maintain or permit or allow to be maintained or, in the case of an owner of land, permit or allow to remain on land any levee bank or part of any levee bank to which this paragraph applies— (i.) After the expiration of the period within which the Local Authority has required application to be made to it for permission in writing to continue to maintain that levee bank, or part of a levee bank, unless that application has been duly made; or (ii.) If the application for permission in writing to continue to maintain the levee bank, or part of a levee bank, has been granted, contrary in any respect to the requirements of that permission ; or 221

222 LOCAL AUTHORITIES. Local Government Acts Amendment Act. 5 E liz . II. No. 12, (iii.) If the application for permission in writing - to continue to maintain the levee bank or part of a levee bank has been refused, at any time thereafter. Penalty: One hundred pounds and, where the offence is continued after a conviction therefor, twenty pounds for each and every day whereon the offence is so continued.” Amendment 9. Section 49 a of the Principal Act is amended by of s. 49 a . inserting, after subsection seven, the following subsection, namely:— “ ( 7 a . ) Where, in respect of licensed premises established and maintained by a Local Authority as a function of Local Government, the Local Authority satisfies the Governor in Council— (i.) That the period for which and the terms, provisions and conditions upon and subject to which it proposed to lease the lioensed premises were fair and reasonable ; (ii.) That the public advertisement whereby applications were invited for the lease was adequate, having regard to the manner and times of the publication thereof and such other circumstances, if any, as the Governor in Council deems relevant; (iii.) That no reasonable application has been made for the lease or that the rejection of any application or applications received was justified; and (iv.) That no good purpose is likely to be served by inviting fresh applications for the lease, the Governor in Council may, by Order in Council, authorise the Local Authority to apply for and hold the license by the person thereunto nominated by it who is named in the Order in Council and who is qualified under *“ The Liquor Acts, 1912 to 1954 ” to hold a licensed victualler’s license. An Order in Council under this subsection may limit to the period specified therein the time for which the Local Authority is thereby authorised to hold by the nominee named therein the subject licensed victualler’s license. * 3 G. 5 No. 29 and amending Acts.

LOCAL AUTHORITIES. 228 1956. LocalGovernmentActs AmendmentAct. Such an Order in Council (whether or not there is therein a limitation in respect of time as aforesaid) shall be revocable at the will of the Governor in Council and may be revoked by him at any time by a further Order in Council (which further Order in Council may specify a date, later than the date of the making thereof, when the revocation shall take effect). A Local Authority may apply for, be granted and hold a licensed victualler’s license by the person thereunto nominated by it pursuant to the authority of an Order in Council under this subsection. Where authority as aforesaid is granted by an Order in Council for a limited period of time the Governor in Council may, upon the expiration of that period or any extension thereof, by another Order in Council extend or further extend that period as specified in the Order in Council: Provided that before making such an Order in Council the Governor in Council shall satisfy himself that no good purpose would be likely to be served by requiring the Local Authority to invite at the time in question applications for a lease of the licensed premises.” 10. Section fifty-three of the Principal Act is Amendments amend T ed -* — of s. 53. (a) By repealing in paragraph (iv.) of subsection one the words “ in any case where at least thirtv-five per centum of all the electors, a poll of whom was taken, have voted at such poll ” and inserting, in lieu of those repealed words, the words “ in any case where a poll under this section shall have been taken ” ; (b) By adding to subsection five the following paragraph, namely:— “ It shall be the duty of every elector to record his vote at every poll taken under this section of the electors of the Area, or division, or part of a division, as the case may be.” 11. The Third Schedule to the Principal Act is Amendments amended— o i f n S . chedule (a) By repealing in subrule one of rule five the words “ before the due date of completing the compilation of the voters’ roll for the election at which he claims to vote ” and inserting, in lieu of those repealed words,

224 LOCAL AUTHORITIES. Local Government Acts Amendment Act. 5 E liz . II. No. 12, the words “ before the next preceding thirty-first day of December, if the election at which he claims to vote is a triennial election, or earlier than thirty clear days before the day for taking the poll, if the election at which he claims to vote is other than a triennial election ” ; (b) By repealing rule eight and inserting, in lieu of that repealed rule, the following rule, namely:— Copy of “ S. Immediately upon the receipt of a nomination pnaopmeirnatotiobne paper the returning officer shall post a copy thereof posted up. outside the place of nomination.” ; (c) By repealing in the form of ballot-paper set out in rule twenty-nine, all words and brackets commencing with and including the words “Mark your vote ”, where those words secondly appear in the form, to and including the words and bracket “ members to be elected] ”, where those words and that bracket secondly appear in the form and inserting, in lieu of those repealed words and brackets, the words and brackets “ Mark your vote by placing in the squares opposite the names of the [here insert the number of candidates to be elected] candidates for whom you desire to vote, the [here insert, where only one candidate is to be elected, the word and figure “ figure 1 ”; or if two candidates are to be elected, the words and figures “ figures 1 and 2 respectively ” ; or if three candidates are to be elected, the words and figures “ figures 1, 2, and 3 respectively ” ; and so on, according to the number of candidates to be elected]”; (d) By repealing subrule one of rule thirty-nine and inserting in lieu of that repealed subrule the following subrule, namely:— “ (1.) The elector having received a ballot-paper shall, in one of the compartments provided for the purpose, mark his ballot-paper—in the case of the election of chairman, by placing the figure 1 in the square opposite the name of the candidate for whom he desires to vote; and in the case of the election of members— (a) Where one candidate has to be elected, by placing the figure 1 in the square opposite the name of the candidate for whom he desires to vote ; or

LOCAL AUTHORITIES. 1956. LocalGovernment Acts Amendment Act. (b) Where more than one candidate has to be elected, by placing in the squares respectively opposite the names of the candidates for whom he desires to vote— (i.) Where two candidates have to be elected, the figures 1 and 2 respectively; (ii.) Where three candidates have to be elected, the figures 1, 2 and 3 respectively, and so on, according to the number of candidates to be elected. Each vote so numbered in consecutive order shall be a vote. He shall make no other mark or writing thereon, and shall forthwith fold up the paper in such manner as will conceal the names of the candidates and deposit it in the ballot box in the presence of the presiding officer.” ; (e) By adding to rule forty-one the following subrule, namely :— “ (7.) This rule applies with respect to voting by postal ballot under and pursuant to the rules set out in Part III. of this Schedule as well as to voting by ballot under and pursuant to the rules set out in this Part II. of this Schedule.” ; (/) By inserting in rule fifty-eight, after the words “ in lieu of the provisions ”, the words and commas “, save the provisions of rule forty-one of this Schedule,” ; (g) By, in the form of postal ballot-paper set out in rule fifty-nine,— (i.) Repealing all words and brackets commencing with and including the words “ Mark your vote ”, where those words secondly appear in that form, to and including the words and bracket “ Members to be elected ] ”, where those words and that bracket secondly . appear in that form and inserting, in lieu of those repealed words and brackets, the words and brackets “ Mark your vote by placing in the squares opposite the names of the ( here insert the number of candidates to be elected) candidates for whom you desire to vote, the ( here insert, where only one candidate is to be elected, the word and figure “ figure 1 ”; or, if two candidates ■ are to be elected, the words and figures “ figures 1 and 2 respectively”; or, if three candidates H 225

226 LOCAL AUTHORITIES—MARRIAGE AND DIVORCE, Maintenance Orders, Etc., Act. 5 E liz . II. No. 20, are to be elected, the words and figures “ figures 1, 2, and 3 respectively; and so on, according to the number of candidates to be elected) ” ; (ii.) Inserting, after and immediately under the words “ Signature of Witness ” and the the space for that signature, the words “ Qualification of Witness ” and providing, opposite and relative to the words so inserted, a space for stating that qualification; and (iii.) Repealing the words and brackets “ Elector of the same Shire [or Justice of the Peace, or Returning Officer (as the case may be)] ” and inserting, in lieu of the words so repealed, the words “ A qualified witness to be an Elector of the same Shire eligible to vote at the Election, or a Justice of the Peace, or the Returning Officer ” ; and (h) By inserting in rule sixty, before the word “ envelope ”, the words “ prepaid post ”. MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT). See M arriage and D ivorce . MARRIAGE AND DIVORCE. 5 N E o l . iz 2 . 0I. i. An Act to Amend “The Maintenance Orders M aintenance (Facilities for Enforcement) Act of 1921,” O rders (F acilities in certain particulars. for E nforcement ) A ct [A ssented to 23 rd N ovember , 1956.] A mendment B A ct of 1956. E it enacted by the Queen’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:— Short title. Principal Act. 1. (1.) This Act may be cited as “ The Maintenance Orders (Facilities for Enforcement) Act Amendment Act of 1956.” (2.) *“ The Maintenance Orders (Facilities for Enforcement) Act of 1921,” is in this Act referred to as the Principal Act. * 12 G. 5 No. 24.