Local Government (Amendment) Act 1927 (NSW)

LOCAL GOVERNMENT

(AMENDMENT) ACT.

Act No. 33, 1927.

An Act to extend the franchise in local government areas; and for this and other purposes to amend the Local Government Act, 1919, and certain other Acts ; to validate certain notifications, proclamations, and certain other mat te r s : to repeal the Municipal District of Wrightville Naming Act of 1902 ; and for purposes connected therewith. [Assented to, 21st March, 1927.]

BE it enacted by die Ling';., .Most Excellent Majesty. by and with the advice and consent of the Legis-	lative Council and Legislative Assembly of New South
Wales in Parliament assembled, and by the authority of the same, as follows :
1 . This Act may be cited as the " Local Government, (Amendment) Act, 1927," and shall be read and construed with the Local Government Act, 1919, and any Acts amending the same. The

The Local G o v e r n m e n t Ac t , 1919, as so amended is

in this A c t called the P r inc ipa l Ac t .

2. P a r t I of the Pr inc ipa l A c t is amended as

follows :—

(a)	by omitting from section four the definition of
" M i n i s t e r " ;
(b)	by omitting from the definition in section four of " Subdivision, subdivide, and similar expres­ s ions," t h e words " no t be ing lots or por t ions in a Crown or p r iva te subdivision made before or after the commencemen t of th i s A c t " ; and by inser t ing a t t he end of t he same definition t h e following new pa rag raphs :—

" or (c) any division of l and upon disposal by

the Crown m a d e e i ther before or	af ter
the commencemen t of th is A c t ;	or

(d)	any division of land in accordance with the boundar ies of lots in any subdivision lawfully m a d e ci ther before or after t he
c o m m e n c e m e n t of th i s A c t . "

(c)	bv omi t t i ng from section ten t he words " H e i g h t of Bui ld ings Act , 1912 , " " W e i g h t s and
Measures Act , 1916 , " and " Metropol i tan
"Water and Sewerage A c t of 1 8 8 0 , " a n d by
inser t ing in l ieu thereof respectively t h e
words " H e i g h t of Bui ld ings (Metropol i tan
Police Distr ict) Act , 1912 ," " W e i g h t s and
Measures Act , 1 9 1 5 , " and " Met ropol i t an

"Water, Sewerage, and Dra inage Ac t , 1924 " ;

(d) by inser t ing in t he same section after t he words

" ' t h e L iquor Act , 1 9 1 2 , " — " t h e Explosives

Act ,	1905,	t h e	In f l ammable	Liquid	Ac t ,
1 9 1 5 . "

3. (1) P a r t I I I of t he Pr inc ipa l Ac t is amended as

follows :—

(a) I n section s ix t een—

(i) by inser t ing a t t he end of pa r ag raph (a)

t h e following	w o r d s : — " o r	where	t he	p a r t
t a k e n	is in t he	Wes t e rn	Division,	w i thou t

add ing it to ano the r area " ;

(ii)

(ii) b y inser t ing in pa rag raph (e) after t h e

word " a r e a s " t h e words " o r areas and

par ts of a r e a s . " ;

(b) in sect ion n ine teen by omi t t i ng pa r ag raph (c) of subsect ion one a n d inse r t ing a new para­ g raph as fol lows:—

(c)	in a case where part of an area is proposed to be separated from one a n d a t t ached to another a rea or is proposed to be c rea ted a separate a r ea—by fifty electors of t h a t pa r t or by any n u m b e r of electors not less t h a n one- third of those enrolled in respect of land s i tua ted
in t h a t p a r t ; or

(c) (i) b y inse r t ing in subsection (1A) of section

t w e n t y after t he words " n o t wi th in a n

a rea . " t h e le t te r a n d words " o r (c) t a k i n g l and from a n y one or more areas for t h e purpose of const i tut ing, such l and a separa te

shire or mun ic ipa l i ty " ;

(ii) b y omi t t i ng from subsect ion two of t h e

same- section t he words " W h e r e land is t a k e n from one area a n d added to another " a n d inse r t ing t h e following words in l ieu thereof : — " W h e r e i t is proposed to exercise t h e powers of p a r a g r a p h s (a) , (b ) , (e), or (f) of section s ix teen and where t h e powers of p a r a g r a p h s (c) or (d) of' section s ixteen h a v e been exercised, t h e following provisions of

th is section shall h a v e effect : P rov ided
t h a t w h e r e i t is proposed to exercise t h e
powers of p a r a g r a p h s (a) or (b) or (f) of
sect ion s ixteen " ;
(iii)	by omi t t i ng subsect ion th ree ;
(iv)	b y omi t t i ng from subsect ion five t h e words " d o n o t confer ' or ' canno t a g r e e " a n d inse r t ing t he words " have not agreed wi th in a period of t h ree m o n t h s from t h e
da te of t h e Min i s t e r ' s r e q u i s i t i o n " ;

(v)

(v)   by omitting from subsection six the words " a n d the i r creditors " a n d by inser t ing in l ieu thereof the words " or t h e counci ls and the i r creditors (if any) " ;

(vi)   by omitting from subsections six and seven

of sect ion t w e n t y t h e words " in t h e

Governor ' s p roc lamat ion " and by inser t ing in l ieu thereof t he words " in a proclama­ t i o n " ;

(vii)   by omitting subsection twelve of section

twen ty and by inser t ing in l ieu thereof t h e

following new subsect ion :—

(12) (a) Where the re is a con t rac t or a g r e e m e n t in exis tence be tween the counci l

and a n y pe r son re la t ing to t h e performance of a work or service or the g r a n t i n g of a pr ivi lege t h r o u g h o u t t h e whole or p a r t of a mun ic ipa l i ty or shire, and a n y a l tera t ion of the area is made under th i s P a r t t h e fol lowing provisions shall have effect as

from (i) W h e r e a n y por t ion t h e da te of t h e a l te ra t ion :—

of t h e area em­

braced by t h e cont rac t or a g r e e m e n t is t aken from the area of a counci l which is a pa r ty to the cont rac t or ag reement and added to t h e area of ano the r counci l , or cons t i tu ted a separate shire

or munic ipa l i ty , t he dut ies , r igh ts ,

pr ivi leges, and liabilit ies of such	first-
ment ioned counci l unde r such con t rac t
or ag reement shall be l imited to t he land which is w i t h i n i ts area and is embraced by t h e con t rac t or agree­ m e n t ; while t he corresponding dut ies ,
r igh ts , pr ivi leges, and liabilit ies u n d e r
t h e con t rac t or ag reemen t so far as they relate to t he port ion of t h e area embraced by the contract or ag reemen t and added to t h e area of ano ther
council or cons t i tu ted a separate
shire or munic ipa l i ty shall apply t o

a n d

and in respect of t h e o the r council or t he counci l of t he new area as t he

case m a y be .

(ii)   Where by dividing or uniting areas or par t s t h e area of a counci l which is a pa r ty to the cont rac t or ag reemen t is abolished and a new area or areas a re const i tu ted , the dut ies , r igh t s , privi­ leges, and liabilit ies of such first- ment ioned council shal l app ly to and in respect of t he council i n whose area t h e l and embraced by t h e con­ t rac t or ag reemen t is included, or if such land is inc luded in two or more n e w areas, such dut ies , r igh ts , pr ivi­ leges, and l iabil i t ies shall app ly to and in respec t of each of t he councils of such areas wi th respect to t h e por t ion of t h e land inc luded in i ts area.

(iii)    I n every such case t he duties , r igh t s , privileges, and liabili t ies unde r t he

cont rac t or ag reemen t of t h e o ther

p a r t y or par t ies the re to shall cont inue in full force and effect in relat ion only to the councils or council i n whose areas or area t h e land embraced by the con t rac t or ag reemen t is included, and such councils or counci l as t h e case m a y he shal l be deemed to be subs t i tu ted in t h e con t rac t or

ag reemen t for t h e counci l t h e r e i n

n a m e d so far as such l and or port ion
thereof is included in i ts area.

(b) W h e r e t he or iginal a g r e e m e n t

confers a r i gh t of purchase or of cancel la­ t ion upon t h e counci l t h a t r i g h t shal l no t

w i t h o u t t he consent of t h e o ther p a r t y or

par t ies to t h e a g r e e m e n t be exercised (after

t h e a l te ra t ion of boundar ies or recons t i tu - t ion aforesaid) unless the councils concerned exercise it in concer t w i th each other .

(c)

(c) This subsection m a y be set

aside by ag reemen t	be tween	t h e	par t ies
concerned.

(d) This subsect ion shall be

deemed to have come in to force on the first day of J a n u a r y , one thousand n ine h u n d r e d

and twen ty .

(d) by inserting after section twenty the following new section :—

20A. (1) W h e r e areas are a l tered by—

(a) t a k i n g pa r t of one a rea and add ing i t

to ano ther area ; or

(b)	adding to an area land which is not
wi th in an a r e a ; or
(c)	taking land from one or more areas and
cons t i t u t ing such land a separate shire
or munic ipa l i ty ,

t h e n as from the da te specified in t h a t behalf in t he proclamat ion , or if no da te is so specified as from the date of t h e publ ica t ion in t h e Gazet te of t h e proclamat ion , the following provisions shal l have effect :—

(i)   The ordinances which shall thereafter app ly to t h e pa r t added and to t h e area as so a l tered are t h e ordinances for t h e t ime be ing in force in t he area to which t h e pa r t was so added, and ordinances which for t he t ime be ing apply to towns, vil lages, and u r b a n areas in

such area shal l apply to towns , vi l lages,
and u r b a n areas in t he pa r t	added.

(ii)   The ordinances in force in the area

from which a pa r t is t a k e n shal l con t inue

un t i l repealed, varied, or amended u n d e r

this Ac t to apply wi th in t h e r ema inde r

of t ha t area.
(2) This section shal l be deemed to

have come into operat ion on the first day of J a n u a r y , one thousand n ine h u n d r e d and twen ty .

(e)

(e) (i) b y inse r t ing in subsect ion one of section twen ty -one after t h e word " proc lamat ion " where i t firstly occurs t h e words " or p roc lamat ions " ;

(ii) by in se r t ing in t h e same subsect ion after

p a r a g r a p h (q) t he following new pa ra ­

g r a p h :—

(q l ) prescribe in t h e case of the const i tu­ t ion of an area in accordance w i t h pa rag raphs (c) , (d) , (e), or (f) of section s ix teen w h a t ord inances are to be in force in t h e area so con­ s t i tu ted or a n y p a r t thereof, and such ord inances so prescr ibed shall be in

force in such area or p a r t ; a n d

(iii)   by inserting in subsection two of the same section before t he words " such proc lama­

t ion " t h e word " a n y . "

(2) P a r a g r a p h (d) of section six of t h e Local

G o v e r n m e n t (Val idat ion and A m e n d m e n t ) Act , 1922,

is hereby repealed.

4.      P a r t I V of t he P r inc ipa l A c t is amended—

(a) by inserting at the end of paragraph (a) of subsection one of section twen ty -e igh t t h e words " or t he meet ings of any commi t tee of

t h e	c o u n c i l " ;
(b)	by inserting at the end of subsection five of
section t h i r t y t h e following new p a r a g r a p h : —

(k) t h e se t t l ement by h i m of any claim h e

m a y have agains t the counci l for com­

pensa t ion in respect of proper ty in w h i c h

he has a n in teres t upon d a m a g e the re to

by t h e counci l unde r i ts s t a tu to ry powers

or for compensa t ion for the r e s u m p t i o n

thereof for t he purposes of t h e c o u n c i l ;

(c) (i) by in se r t ing in subsect ion two of section t h i r t y - t h r e e af ter t h e word " a p p o i n t m e n t " t h e following words : — " or in t he even t of h i s b e i n g absen t f rom t h e S ta te a t t h e

t i m e of his elect ion or a p p o i n t m e n t , w i t h i n

four teen

four teen days after h is r e t u r n to t h e

S ta te if such r e t u r n is wi th in s ix ty days

of the election or a p p o i n t m e n t " ;

(ii) by omi t t i ng from t h e same subsect ion

all words after the words " e x t r a o r d i n a r y

vacancy " ;

(d)	by inserting in paragraph (f) of section forty- n ine after t he word " relat ions " t he words " or
any of the i r wives ' or husbands ' r e la t ions . "

5. (1) P a r t V of t he Pr inc ipa l A c t is a m e n d e d —

(a) by omitting subsection one of section fifty-one and inser t ing new subsect ion as fo l lows:—

(1) I n order to have t he requis i te qualifica­ t ion of an elector in respect of a ward or r id ing a person m u s t , on the day prescribed for enro lment , be e i ther a n owner or r a t epay ing lessee of ra table land in the ward or r id ing, or an occupier of land in t h e ward or r id ing .

(b) by omi t t i ng pa rag raphs (d) , (e), (f), (g), a n d

(h) of section fifty-four and inse r t ing new

pa rag raph (d) as follows :—

(d)	upon such prescribed day he is residing or has his pr incipal p lace of abode on land, w h e t h e r r a tab le or not , in t h e
ward or r id ing and has con t inuous ly
d u r i n g the period of six m o n t h s n e x t preceding such prescribed day resided or had his p r inc ipa l place of abode in t h e a r e a :

(c) b y omi t t i ng pa rag raph (b) of section fifty-five

i nc lud ing the proviso inser ted by section seven of t he Loca l Gove rnmen t (Val idat ion and

A m e n d m e n t ) Act , 1(J22 ;

(d) (i) by omi t t ing f rom subsection two of section

fif ty-six t he words " w a r d or r i d i n g " and

inser t ing t h e word " area " ;

(ii)   by omitting subsection three of the same section.

(2)

(2) Section seven of t he Local G o v e r n m e n t

(Val idat ion	and	A m e n d m e n t )	Act ,	1922,	is	he reby
repealed.

6. (1) Pa r t V of t h e Pr inc ipa l A c t is fu r the r

a m e n d e d —

(a) (i) by omi t t i ng from subsect ion one of section seventy- two t h e words " t h e elect ion " a n d by inse r t ing in l ieu thereof t h e words " any ordinary election, or on a n d from t h e day of nomina t ion a t a n y ex t raord inary election " ;

(ii) by omi t t i ng from subsect ion t w o of t h e

same section t he words " t h e e l e c t i o n " where those words secondly occur and inse r t ing in lieu thereof t he words " a n y ordinary election, or on a n d from t h e day of nomina t ion a t any ex t raord ina ry elect ion " ;

(b) by omi t t i ng the proviso to section e igh ty - two a n d by in se r t ing t h e fol lowing proviso in l ieu

thereof:—

Provided t h a t in t h e case of t he votes b e i n g

equa l the ques t ion shall be unde te rmined , a n d t h a t if t he decision of t he poll is aga ins t t h e proposal voted upon t h e same quest ion or one subs tan t ia l ly t h e same shall no t be aga in submi t t ed to a poll for a period of a t least one year .

(2) P a r t V I of the Pr inc ipa l A c t is a m e n d e d —

(a) by omi t t ing from section e igh ty -e igh t t h e

words " m a k e an a p p o i n t m e n t " and inser t ing in l ieu thereof t h e words " appoin t and employ a town or shire clerk " ;

(b) by omitting from subsection two of section n ine ty t he words " t h e counci l shall if d u r i n g the last preceding year i ts income from all sources o the r t h a n a gas or e lectr ic i ty under ­ t a k i n g exceeded t h e s u m of fifteen t housand pounds " and by inse r t ing in l ieu thereof t he following w o r d s : — " t h e e m p l o y m e n t of a n

engineer

engineer shal l he opt ional wi th t he counci l excep t t h a t in cases where the aggrega te income of t he council in respect of—

(a)	t he Genera l F u n d ;
(b)	t he W a t e r Supply Local L u n d (if a n y ) ;

(c) t h e Sewerage Local F u n d (if any) ;

(d) any special and/or local fund for the bu i ld ing of roads or bridges or engineer ing works (other t h a n electrical eng ineer ing)

exceeds t he sum of fifteen thousand pounds ,

t he council shall " ;

(c) (i) by inser t ing in subsect ion one of section

n ine ty-n ine after t h e word " i n s p e c t o r s "

t he words " gas manage r s " ;

(ii)   by omitting subsection eight of the same

section and by inser t ing in lieu thereof t h e

following new subsection : —

(8) The person holding the inquiry shal l have t he powers conferred by the Roya l Commissions Act , 1923, on a commissioner appointed u n d e r Division 1 of P a r t I I of t h a t Ac t and t h e said Ac t , section th i r t een and Division 2 of P a r t I I excepted, and the provisions of section one h u n d r e d and fifty-

two of t he Jus t i ces Ac t , 1902, shall mu ta t i s

m u t a n d i s apply to a n y witness or person

s u m m o n e d by or appea r ing before such

person.

7. P a r t V I I of t h e Pr inc ipa l A c t is amended as

fo l lows :—

(a) by inser t ing n e x t after subsection one of section one hundred and twenty-one the following new s u b s e c t i o n : —

(1A) F o r or towards m e e t i n g a n y l iabi l i ty

t ransferred to the counci l of a munic ipa l i ty or shire consequent ly upon the al terat ion of t h e boundar ies of t h e area, t he counci l m a y m a k e and levy a local ra te on t he un improved capi tal va lue or on the improved capi tal va lue of t he ra tab le land added to the area .

(b)

(b)	by omitting subsection two of section one
hund red a n d t w e n t y - t h r e e and inser t ing new

subsect ion two as follows :—

(2) The counci l shal l in t h e m a n n e r p r e ­

scribed define a l i g h t i n g dis t r ic t w i th in which

such ra t e shal l be levied.

(c) (i) (a) by inser t ing in subsect ion six of section one hundred and twenty- four after t he word " s e r v i c e " t h e words " o r any addi t ions or extensions the re to " ;

(b) by inse r t ing in t h e same subsect ion

after t he words " in respect of t h e

loan " t he words " or loans " ;

(c)	by inserting in the same subsection
after t h e word " r a t e " wherever

occur r ing the words " or ra tes " ;

(ii) by omi t t i ng from subsect ion t en of section

one h u n d r e d a n d twenty- four t h e words

" if t h e Min is te r consent " ;

(iii)   by inserting at the end of the same section t h e fol lowing new subsections :—

(13) W h e r e a loan is or has been raised for t he cons t ruc t ion or recons t ruc t ion of a

m a i n road as defined by the M a i n Roads Ac t , 1924, and t h e M a i n Roads Board of N e w South W a l e s has g ran ted t he counci l a subsidy for or towards t he p a y m e n t of in te res t on or t h e r e p a y m e n t of p r inc ipa l

of such loan t h e Min i s t e r m a y g r a n t per ­

mission to t he counci l to r educe or to refrain from levying t h e loan ra te d u r i n g

t h e con t inuance of t h e subsidy.

(14) W h e r e a loan is raised for mee t ing

a n y liabili t ies t ransferred to t he counci l

consequen t ly u p o n t h e a l t e ra t ion of t h e

boundaries of t he area, t h e loan r a t e m a y a t t h e discret ion of t he counci l be levied as a local loan r a t e only on the ra tab le l and added to t he area .

(d)

(d) (i) by omi t t ing from pa rag raph (d) of sub­ section one of section one hund red and th i r ty - two the word " solely " ;

(ii) by omi t t i ng pa rag raph (h) of t he same

subsection and by inse r t ing in l ieu thereof

the following new pa rag raph : —

(h)	land which is occupied by or used in connect ion wi th a chu rch or o ther bui ld ing used or occupied for publ ic worship or as a rectory vicarage presbytery manse or parsonage in connect ion wi th such c h u r c h or build­
i n g ; and

(iii)   by inserting at the end of the same sub­ section the following new pa ragraph :—

and

(j) any school regis tered under the

Bur sa ry E n d o w m e n t Act , 1912, a n d

any certified school under the P u b l i c

I n s t r u c t i o n (Amendmen t ) Ac t , 1916,

and any p layground belonging to or used in connect ion wi th any such school.

(e) (i) by omi t t ing from subsection two of section one hund red and th i r ty - th ree t he words " is no t r a tab le or t ha t it is not ra tab le to a n y par t icu lar ra te " and by inser t ing in lieu thereof the words " or some pa r t thereof is

no t ratable or no t ra table to a n y par t i cu la r r a t e " ;

(ii)   by inserting at the end of subsection five of t he same section t he following pa ragraph ;—

W h e r e the Cour t determines t h a t pa r t

only of the land is ra tab le , t he Cour t shall

de t e rmine the va lue of t h a t pa r t .

(f) by omi t t ing pa rag raph (b) of section one

hund red and th i r ty - f ive ;

K (g)

(g) b y inser t ing a t t he beg inn ing of subsection

two of section one h u n d r e d and th i r ty-seven

t h e following words :—" Subjec t to t h e pro­ visions of section one h u n d r e d and for ty-one " ;

(h) by inser t ing a t t h e end of section one h u n d r e d and th i r ty -n ine the following new subsection :—

(9) W h e r e land which was ra tab le becomes

n o t ra table , pa r t of t h e ra te pa id the reon

propor t iona te to t he period of t he year d u r i n g which t h e land is not ra table shal l be refunded by the counci l .

(i)    b y o m i t t i n g section one hund red and forty-one a n d by inser t ing in l ieu thereof t he following

new s e c t i o n : —

1 4 1 . (1) W h e r e any ra t e is levied on t h e

un improved capi ta l va lue of l and he ld for

pas tora l or ag r i cu l tu ra l purposes unde r lease from t h e Crown u n d e r any A c t deal ing with Crown lands ( including homestead selections) or under the H a y I r r iga t ion Act , 1902, or t h e

W e n t w o r t h I r r iga t ion A c t (1890), or which is

held unde r lease or p e r m i t (other t h a n a

graz ing pe rmi t for a t e r m less t h a n twelve

m o n t h s ) unde r t h e Fores t ry Ac t , 1916, t h e un improved capi ta l va lue for t he purpose of such ra te shall , subject to th i s Act , be t he s u m ascer ta ined by calcula t ion as follows :—

(a) in the case of a lease which carr ies no

r i g h t	of	conversion	u l t ima te ly	in to	a
freehold	t e n u r e	or	of	a	p e r m i t — t w e n t y

t imes t he a m o u n t of t h e r e n t payable

unde r t h e lease or pe rmi t d u r i n g t h e

year n e x t preceding t h a t in wh ich t h e

ca lcula t ion is m a d e ;

(b)	in the case of all other leases—during t h e first t en years of t he lease da t ing from t h e g ran t the reof—twenty t imes
t h e a m o u n t of t he r en t payable u n d e r

t h e

t he lease du r ing the r e a r n e x t preceding t h a t in which the calculat ion is m a d e ; a n d du r ing the remainder of t h e lease — t h i r t y t imes the a m o u n t of such r e n t ;

(c)	where a lease or permit was not in
force d u r i n g the preceding year t h e
r e n t for t h e c u r r e n t year shal l he used

in t he calculat ion.

(2) The lessee of any such land may a t a n y t ime before the first day of N o v e m b e r in a n y year elect t h a t instead of t h e ra te be ing levied on the un improved capi ta l va lue ascer ta ined as set ou t in t he preceding sub­ section, it shall he levied on the un improved capi tal value of land valued in accordance wi th the law as if the holder of the lease or homes tead selection were t he owner of t he fee s imple :

Provided t h a t upon any election be ing duly made by a lessee under this section t he elect ion shall he b ind ing upon h im for a period of five y e a r s ; a t the expira t ion of which he may again

elect, and so on a t in tervals of five years :

Provided fur ther t h a t in a n y case where an election is duly made u n d e r this section, t h e counci l shall , in levying any ra te on t h e u n i m ­ proved capi tal value, give effect to such election.

I n this subsection " l e s s e e " includes t h e

holder of a permi t , and " lease " has a corre­

sponding mean ing .

(3) W h e r e no such election has been

made, a notice of valuat ion shall no t be deemed to be invalid merely on account of the notice not inc lud ing a s t a t emen t of the unimproved capi ta l va lue of t h e land ascer ta ined in accordance wi th Schedule Three of th i s Ac t .

This subsect ion shall ex tend and be deemed f rom t h e commencemen t of th is A c t to have extended to areas in which the provisions of Schedule Three of th is A c t are in force.

(J)

(j)	by omitting subsection three of section one hundred and for ty-nine and by inser t ing t h e
following subsect ion in l ieu the reo f :—

(3) N o t h i n g in th i s section shal l affect or

extend to any person who is t he holder of a lease or purchase from the Crown or from t h e council , made before or after t h e pass ing of

t h e Local G o v e r n m e n t (Amendment ) Act , 1927,

where the lease is granted or purchase m a d e after t h e r a t e is levied, whe the r t he land has been previously held unde r a lease or purchase from t h e Crown or from the council or not .

(k) by inser t ing after section one hundred and

fifty-one new section as follows :—

151A . (1) This section shall app ly to a n y case where a lessee has agreed with t he owner or wi th t h e mesne lessee from whom he i m m e ­ diately holds to pay munic ipa l or local govern­ m e n t ra tes , w h e t h e r under those designat ions or unde r any words of descript ion which would inc lude ra tes made unde r this Ac t , b u t shal l only apply whe re such ag reemen t was m a d e after—

(a) t he first day of J a n u a r y , one thousand

n ine h u n d r e d and eight , in the case of

land wi th in any m u n i c i p a l i t y ;

(b)	the first day of January, one thousand
n ine h u n d r e d and seven, in t h e case of
land wi th in a n y shire.

(2) W h e r e from any such ag reemen t

i t appears t h a t such ag reemen t was in t ended

to provide for t h e p a y m e n t of a p ropor t ion and no t t he whole of t he ra tes , a n d where such a g r e e m e n t does no t provide a me thod of

a r r iv ing a t such proport ion, any pa r ty to such

ag reemen t m a y m a k e appl ica t ion to the Va lue r -

Genera l to m a k e a fair a n d equ i t ab le adjus t ­ m e n t of t he proport ion of such ra tes which in t h e opinion of t he Va lue r -Gene ra l should be

paid u n d e r t h e ag reement .

(3)

(3) The ad jus tmen t shall be made by t h e Valuer -Genera l according to t h e respect ive in teres ts of the par t ies in t he land as un ­ improved for t he purposes of t he genera l r a t e or any ra te levied on the un improved capi ta l va lue , and as improved in t he case of any ra t e levied on the improved capi ta l va lue .

(4) The cost of such ad jus tmen t shall

be paid by t h e person app ly ing therefor	a n d
shal l be fixed by the	Va lue r -Genera l .

(5) Eve ry ad jus tmen t so made by the Va lue r -Gene ra l shall be final and conclusive and shall no t be subject to appeal , and the ag reement shall be read as if t he a m o u n t deter­ mined by the Valuer -Genera l to be payable in respect of the pa r t comprised in t h e a g r e e m e n t had originally been inserted there in .

(6) A certif icate of the ad jus tment
pu rpo r t ing to be signed by the Valuer -Genera l

or his depu ty shal l be p r ima facie evidence of

t he ad jus tment .

(1) by inser t ing t he following new subsect ion after subsect ion four of section one hundred and fifty-seven :—

(5) W h e r e a lease has been g ran ted or is granted by the Crown unde r t h e provisions of subsect ion two of section 70B of the M i n i n g Act , 1906, the lease shall for t he purpose of this section be deemed to have been granted

by the owner of t he land leased.

(m) by omitting from section one hundred and s ixty-one the words " unless proceedings for the recovery thereof have failed, or the approval of the Minis ter to t he a b a n d o n m e n t or wr i t ing off has been o b t a i n e d " and by inser t ing in lieu thereof the words " except in accordance wi th an ordinance in t ha t behalf, and t hen only u p o n the certificate of t he audi to r of the counci l t h a t t he a b a n d o n m e n t or wr i t ing off is in accordance wi th such ordinance " ;

(n)

(n) b y inser t ing a t t h e end of section one h u n d r e d and sixty-five t he following new pa rag raph :—

(c)	the class of cases in which, and the c i rcumstances in which , ra tes may be
abandoned or wr i t t en off.

(o)	by omitting from subsection one of section one h u n d r e d and sixty-seven the words " ordinance by resolut ion of t he council " and b y inse r t ing in l ieu thereof t h e words " cha rge or fee so fixed, t h e n the cha rge or fee may be fixed by resolut ion of t h e counci l subject to t h e m a x i m u m (if any) prescr ibed by ordi­
nance " ;
(p)	by omitting subsection two of section one
h u n d r e d and seventy- three a n d by inser t ing in

l ieu thereof t he following new subsect ion :—

E x c e p t as provided in section one h u n d r e d and seventy-four a counci l shall not borrow unless t he loan has been previously author ised , t h a t is to say t h e approva l of t he Governor has been obtained.

(2)

Appl icat ion for such approval or for t he au tho r i t y of the Min i s t e r referred to in section

one h u n d r e d and seventy-four shal l be m a d e

by t h e counci l in t h e prescribed manner .

(q) by omi t t i ng section one h u n d r e d a n d seventy-

four a n d by inse r t ing t h e following new

section :—

174. (1) The council may bor row by way of l imi ted overdraft for a n y purpose w h i c h t h e

council is au thor ised to create or expend a n y fund (other t h a n a t r u s t fund) or for any purpose for which moneys raised by ord inary loan m a y be applied.

(2) Subject to th is section t h e a m o u n t

which m a y be borrowed by t h e council by w a y of overdraft shal l not exceed one- th i rd of t h e income of t he fund concerned, t h a t is to say :—

(a) one- th i rd of t h e income as shown by

t h e la tes t year ' s a c c o u n t s ; or

(b)

(1)) if the fund was no t in exis tence for t h e whole of the preceding year, one- third of the income as es t imated in the publ i shed es t imates of the council for the year in which the overdraft is obtained.

(3) If the council find i t necessary for any specially u r g e n t reason to borrow by way of overdraft in excess of t he a m o u n t indicated in subsect ion two of this section i t may apply to t he Minister , w ho m a y give au thor i ty accordingly u p to b u t no t exceeding one-half t he previous year ' s income or esti­ ma ted income, as t h e case may be, b u t any such au tho r i t y shal l he subject to condit ions r equ i r ing the counci l to reduce t he overdraft to not more than one- third of a year ' s income of the fund wi th in a t e r m of years specified in the au tho r i t y , no t exceeding five years in any ease.

(4) N o grea te r sum shall be borrowed under th is section t h a n the a m o u n t s tated in a certificate of t he audi tor of the counci l as being the s u m which may be borrowed wi th in t he l imits imposed by th is section or t he

au thor i ty of t he Minis ter .

(r) (i) by o m i t t i n g from subsect ion one of section one h u n d r e d and seventy-five t h e words " the certificate of l imi t of overdraf t is i s s u e d " and by inser t ing in l ieu thereof t he words " the money is borrowed " ;

(ii)   by inserting in subsection two of the same section after t he word " ce r t i f i ca t e" where t h a t word first occurs t he words " of t he audi tor of t he council " ;

(iii) by omi t t i ng from the same subsect ion t h e

words " issue of t h e certificate " and by inser t ing in lieu thereof the word " bor rowing " ;

(s)	by omitting section 177A and the short heading
preceding tha t sec t ion ;

(t)

(t)	by inserting next after section one hundred and seventy-e ight t he following short head ing
and s e c t i o n : —

Ratepayers' advances.

178A. (1) Subjec t to th is section the

counci l may , w i t h o u t ob ta in ing any approva l

u n d e r section one h u n d r e d and seventy- three , accept an advance not exceeding five h u n d r e d pounds from a ra tepayer for t he purpose of ca r ry ing out necessary works applied for by

t he ra tepayer .

(2) The loan shal l he ei ther free of

in teres t or a t a r a t e no t exceeding four per

c e n t u m per a n n u m simple in teres t .

(3) The t e rms of t he loan shal l include

provision for r e p a y m e n t by year ly or half- year ly ins ta lments spread over not more t h a n

t en years.

(4) The counci l shal l no t accept a n y such advance if t he a m o u n t proposed to be accepted w h e n added to other a m o u n t s t h e n owing by the council under th is section exceeds t en per c e n t u m of the to ta l r evenue of such counci l for t h e preceding year.

(5) I t shall no t be compulsory for t he counci l to levy a loan rate in respect of any such loan.

(6) The council shall r epor t each such

loan, its purpose and te rms , to the Minis ter for

record.

(u)	by inserting at the end of subsection nine of
section one hund red and e igh ty t h e following

proviso :—

" Provided t h a t where t h e counci l satisfies t he

Governor t h a t a n e t income will p robab ly be or has a l ready been derived from any loan work or service after m a k i n g full provision for t he depreciat ion of t he assets and p a y m e n t

of

of in teres t and ins t a lmen t s of r e p a y m e n t or reserve in respect of t he loan, t h e Governor m a y direct t h a t such loan or p a r t thereof shall not be t aken in to account in ca lcu la t ing the counci l ' s l imi t of borrowing unde r this sect ion."

(v)   by inserting at the end of subsection eight of section one hund red and e ighty-one the follow­ i n g w o r d s : — " W h e r e t he proposal has been

so a l tered t h e council shall notify t he a l tered

proposal unless t he Min is te r certifies t h a t the

a l tera t ion is no t of a subs tant ia l n a t u r e " ;

(w) by inser t ing n e x t after sect ion 1 8 1 B t h e

fol lowing new section :—

181c. (1) The Governor may g ran t approval to a counci l to borrow for t h e const ruct ion of a m a i n road in t h e coun ty of Cumber l and if t h e council has first obtained t h e approva l of t h e M a i n Roads Board of N e w South W a l e s to such const ruct ion and a n u n d e r t a k i n g from t h e board to defray t he in te res t and repay t h e loan.

(2) I n such case it shal l no t be neces­ sary for t he counci l to ca r ry out t he p rocedure requi red by section one hund red and e ighty or section one h u n d r e d and e ighty-one of th is A c t as a condit ion precedent to borrowing, except to m a k e appl icat ion the reunde r for the

Governor ' s (3) I n any such case i t shall no t be approva l .

necessary for t h e council to levy a loan ra te .

(4) A n y such loan shall no t be t aken

in to	account	in	ascer ta in ing	whe the r	t h e
counci l ' s	borrowings	are	wi th in	t h e	l imi t

provided by th is Act .

(5) This sect ion shall be deemed to have come in to opera t ion on the first day of J a n u a r y , one thousand n ine h u n d r e d and twenty-f ive.

(x)

(x)   by inserting at the end of paragraph (a) of

section one h u n d r e d and eighty-four t he

following proviso :—

" Provided t h a t where the counci l satisfies the Governor t h a t a ne t income will probably be or has a l ready been derived from any loan work or service af ter m a k i n g full provision for t h e depreciat ion of t h e assets and p a y m e n t of in te res t a n d ins t a lmen t s of r e p a y m e n t or reserve in respect of t h e loan, t h e Governor m a y direct t h a t such loan or p a r t thereof shal l

n o t be t aken into accoun t in ca lcu la t ing t h e

council 's l imi t of bor rowing under th is sec t ion."

(y) (i) by omi t t i ng from subsect ion three of

section two h u n d r e d and eleven t h e words " b u t may be cancelled by t h e Governor a t any t ime and a n appo in tmen t m a y be made for the unexp i red por t ion of t h e one-year 's t e r m " ;

(ii)   by omitting subsection four of the same sec t ion ;

(iii)  by omitting from subsection nine of the same section t h e words " i n addit ion to cert i fying as a foresa id" and by inser t ing in l ieu thereof

t he words " in respect of each a u d i t . "

8. P a r t I X of t h e P r inc ipa l A c t is a m e n d e d —

(a) by inser t ing after section two h u n d r e d and

t h i r t y - t h r ee a n e w section as follows :—

233A. (1) W h e r e a n y br idge or level crossing

over any p r iva te ra i lway or any ra i lway	br idge
has been cons t ruc ted before or after	t he

c o m m e n c e m e n t of th is A c t by any person,

firm, or company, w h e t h e r unde r t he a u t h o r i t y of any A c t or not, t h e following provisions shall have effect:—

(a) The owner of the railway shall, so long as t he br idge and the roadway thereover or level crossing or the roadway under t h e br idge is left open for traffic, keep

t h e

t h e br idge, level crossing, or overbridge and the roadway unde r such overbridge in a proper s ta te of repair to t he satis­ faction of t he counci l .

(b)	The council may at any time by notice direct the owner of t he ra i lway to recons t ruc t or repai r any such br idge, level crossing, or overbridge, or t he roadway unde r such overbridge
(c)	Such owner may upon giving the pre­ scribed notice close and fence off such br idge or level crossing or the roadway under such overbr idge so as to p reven t traffic thereon for such t ime as is necessary to enable t he r equ i r emen t s of t he council to be carried out .
(d)	Any dispute between a council and the
owner of such ra i lway as to any m a t t e r

ar is ing unde r th is section shall be sett led in t h e same m a n n e r as is pro­ vided in section two h u n d r e d a n d seventy- three of th i s A c t for t he set t le­ m e n t of a difference be tween a council and the Rai lway Commissioners for N e w

South Wales .
(e)	The provisions of this subsection shall be subject to any agreement made be tween the counci l or its predecessor and the owner or his predecessors in t i t le . (2) The provisions of subsect ion one

of this section shall no t apply to any br idge ,

level crossing, or overbridge cons t ruc ted by any person, firm, or company u n d e r t he

provisions of section live b u n d l e d	a n d two of
th is	Ac t .

(3) W h e r e not more t h a n two years

before t he c o m m e n c e m e n t of the Local

Gove rnmen t ( A m e n d m e n t ) Act , 1927, t h e council has recons t ruc ted or repaired any such

br idge,

br idge , level crossing, or overbr idge or the roadway u n d e r such overbr idge for the purpose of p u t t i n g t h e same in a p roper s ta te of repair , t he owner of t he 'railway shal l be l iable for t h e cost of such recons t ruc t ion or repair , a n d the counci l m a y recover such cost from such owner in any cour t of compe ten t jur i sd ic t ion .

(b)	by inserting at the end of subsection one of section two hundred and for ty- three t he fol­ lowing words : — " The por t ion of a footway which is a t t h e intersect ion of two public roads shall be deemed to be opposite and adjacent to t h e l and neares t the re to which is bounded by the two publ ic roads " ;
(c)	by inser t ing in section two h u n d r e d a n d for ty- five after t he words " any person b y " t he words " whom or by " ;
(d)	by inserting at the end of subsection one of section two hund red and fifty-one the following w o r d s : — " I t shal l no t be necessary for a council when exercis ing such powers to notify in the Gazet te its in t en t ion to g r a n t permission to erect a publ ic gate " ;
(e)	by inserting in the proviso to subsection five
of section two h u n d r e d and s ix ty- two after t h e
word " r e p a i r s " t h e words " and improve­
m e n t s , " a n d by inser t ing in t he same proviso
after t he word " p r e s e r v a t i o n " t h e words

" and t empora ry use " ;

(f)	by inse r t ing a t t h e end of section two h u n d r e d
and seventy-one t h e fol lowing n e w sub-

s e c t i o n : —

(3) F o r t h e purposes of th i s sect ion t h e

word " t r u s t " shall be deemed to inc lude a d ra inage un ion cons t i tu ted u n d e r t h e pro­

visions of t he W a t e r Ac t , 1912, or a n y A c t

t he reby repealed.

(g)

(g) by inserting next after section two hundred and seventy-six the following new section :—

276A. The council may (after public notice and hearing any objector who lodges objection within one month) lease to any adjoining land­ owner for not more than five years at any one time any public road or part thereof which the council considers is not needed for present public use.

Any such lease shall contain a provision for the determination of the lease by the council upon six months' notice to the lessee.

(h) by omitting from paragraph (g) of section two hundred and seventy-seven the words and figures " Neglected Children and Juvenile Offenders Act, 1905 " and by inserting in lieu thereof the words and figures " Child Welfare Act, 1923 " ;

9.    (1) Part X of the Principal Act is amended—

(a) by inserting in section two hundred and
seventy-nine after	the word " h e a l t h "	the
word " safety " ;

(b) (i) by inserting in subsection two of section two hundred and eighty-one at the end of paragraph (1) the following words :—" in any such case the council may remove and sell the materials, and after deducting the

removal, and sale, pay over the balance (if expenses incident to the demolition,
any) to the owner. If such proceeds do

not cover the expense the amount of the deficiency may be recovered by the council from the owner in any court of competent jurisdiction " ;

(ii)   by inserting in the same subsection after paragraph (m) the following new para­ graph :—

(n) require that a dwelling on land ratable to a sewerage rate in connection with

any

any public system of sewerage shall be provided with a suitable bath and washtubs.

(c)	by omitting subsections six, seven, and eight of section two hundred and eighty-three ;
(d)	by inserting at the end of section two hundred and eighty-nine the following new para­ graphs :—

(h) control and regulate the depositing upon any land of any material likely to cause a public nuisance or to give rise to a condition which will endanger public health, or material likely to attract or tend to attract vermin to such land, or to form suitable harbourage for vermin;

(i)  direct the removal of walls or buildings which in the opinion of the council have become ruinous and may become dangerous to the public, or may remove such walls or buildings, at the expense of the owner thereof ;

(j)	regulate and control the use of firearms within the boundaries of any city, town, village, or urban area;
(k)	regulate and control the keeping and use of inflammable or explosive com­ pounds or materials in any city, town,

village, or urban area ;

(1) where land is used as a private lane, right-of-way, or means of access to two or more properties, by notice in writing require the owners of the properties served thereby to drain the lane, right- of-way or means of access, or to remove therefrom any matter or thing which may, in the opinion of the council, cause any insanitary or objectionable condition thereon;

(m)

(m) require quarries, clay-pits, sand-pits, disused mines, dams or waterholes on any land likely to be a danger to the public to be enclosed by a sufficient fence to the satisfaction of the council; or where the council considers that in the circumstances fencing is not a suffi­ cient precaution require the owner of any quarry, clay-pit. sand-pit, disused mine, dam or waterhole to empty' the same of water, or to till in or cover the same to the satisfaction of the council within a time stated by the council.

Any such owner may within the time and in the manner prescribed by rules of court appeal to a district court judge having jurisdiction within the area against the requirement of the council.

Such judge may determine whether the requirement of the council is reasonable in all the circumstances of the case and whether it shall or shall not be carried out either in its entirety or with modifications and may extend the time within which anything is to be done. The costs of the appeal shall be in the discretion of the judge.

If costs are awarded they may be
recovered in like manner to costs
awarded in a judgment of the district

court.

(e) by inserting in subsection two of section two hundred and ninety-eight after the words " the council" the words " m a y subsidise life-saving- clubs and " ;

(f) (i) by inserting in the heading of the same

Part alter the words "Pub l i c H e a l t h " the

word "Safety " ;

(ii)   by inserting in the subheading of Division 5

of the same Part after the word " h e a l t h "

the word " safety.''

(2)

(2) Part I of the Principal Act is amended by inserting in section three after the words "Pub l i c Health " the word "Safety,"

10.      Part X I of the Principal Act is amended—

(a)	by omitting from paragraph (b) of subsection two of section three hundred and five the words " or villages " and by inserting in lieu thereof the words "villages or portions of a shire";
(b)	by omitting subsection two of section three hundred and nine, and by inserting the following subsection in lieu thereof :—

(2) Nothing in this section shall preclude the continuance of the use of any building for any purpose for which the same was used immediately before the date of the proclamation aforesaid, or the alteration, enlargement, re­ building or extension of any building used for any such purpose whether or not such alteration, enlargement, rebuilding or extension involve the use of adjoining land which immediately before the date of the pro­ clamation was in the same ownership or for such other purpose as the council thinks reasonable in the circumstances.

(c) by inserting at the end of section three hundred and thirteen the following new paragraph :—

(i)   height, materials, stability, design, and position of fences (if any) to be erected

on or on the boundaries of the allot­

ment on which the building is to be
erected.

(d) by inserting next after section three hundred and sixteen the following new section :—

316A. When a plan has been approved by a council, fencing or other structures not shown upon the plan shall not at any time, without the consent of the council, be erected so as to restrict the use in connection with the building of the unoccupied area of the allotment.

(e)

(e) by inserting at the end of paragraph seven of section three hundred and eighteen the following words :—" and regulating generally the erection of fences on or on the boundaries of any land and the height, materials, stability, design, and position of existing fences on or on the boundaries of any land."

1 1 .     Par t X I I of the Principal Act is amended—

(a)	by omitting from paragraph (c) of subsection two of section three hundred and twenty-seven the words " the signatures of all necessary
parties " ;
(b)	by omitting from the proviso to section three
hundred and thirty-three, paragraph (a)

thereof;

(c) (i) by omitting subsection five of section three hundred and thirty-four;

(ii)   by omitting paragraph (b) of subsection six of the same section and by inserting the following new paragraph :—

(b) in a shire, unless at the time of the proposed subdivision the land is within the area served by the water or gas supply of any village, town, or urban area or within the area to bo

at the time of the subdivision.

served by any such supply under con­struction or about to be constructed

(d) by inserting at the end of section three hundred and thirty-nine the following new subsection:—

(2). A contravention of this or any other section of this Part shall not invalidate or be deemed to have invalidated any instrument intended to affect or evidence the title to any land.

(e)

(e) by inserting after section three hundred and forty the following new sections :—

340A. (1) Where in the subdivision of land provision is made for public garden and recrea­ tion space, such space shall be conveyed or transferred to the council if the council at any time so requires.

(2) This section shall apply where such provision was made in a subdivision effected prior to the commencement of the Local Government (Amendment) Act, 1927, as well as to cases in which it is made after such commencement.

340B. (1) Where in the subdivision of land provision is made for a drainage reserve, such reserve shall be conveyed or transferred to the council if the council at any time so requires.

(2) This section shall extend to sub­ divisions made since the passing of the Local Government (Validation and Amendment) Act, 1922, as well as to subdivisions made after the passing of the Local Government (Amendment) Act, 1927.

1 2 .     Part X I V of the Principal Act is amended—

(a) (i) by omitting subsection three of section

three hundred and seventy-four and insert­

notification as aforesaid the Minister for

ing the following subsection:— (3) As soon as practicable after such

Public Works shall certify under his hand the amount which has been expended on such works together with interest, at a rate or rates as provided in this section accrued from the time of: expenditure of each sum included in such amount up to the end of the half year in which the notification as provided in subsection seven of this section is published.

(ii)

(ii)   by inserting after subsection three of section three hundred and seventy-four the follow­ ing new subsection:—

(3A) In any case where the certificate does not include all amounts expended or to be expended on any work, the Minister for Public Works shall, when the total amount expended shall have been ascer­ tained, finally certify under his hand the whole of the amount expended upon such works.

Such final certificate shall include the amount of any previous certificate less the amount of any principal repaid or due to the end of the half-year in which the final certificate is given and shall also include any amount not previously included together with interest thereon at the rate or rates as provided in this section calculated from the time of expenditure of each sum included therein up to the end of the half year in which the notification as provided in subsection seven of this section is published.

(iii)  by omitting subsection six of section three hundred and seventy-four and inserting the following subsection :—

(6) The amount of any such certificate
or final certificate subject to any such
partial remission as aforesaid when notified

shall be the capital debt of the council to by the Governor as provided in this section,

the Treasurer.

An earlier certificate shall be superseded by a final certificate at the expiration of the half-year in which such final certificate is given, but not sooner.

(iv) by adding after the word " i n t e r e s t " in

paragraph (c) of subsection seven of section three hundred and seventy-four the words " a t a rate as provided in this section " ;

(v)

(v)   by omitting subsection eight of section three hundred and seventy-four and inserting the following subsection :—

(8) (a) The Governor shall by procla­ mation as soon as may be after the commencement of the Local Government (Amendment) Act, 1927, for periods prior to the thirtieth day of June, one thousand nine hundred and twenty-six, and, as soon as may be after the thirtieth day of June in each and every year for periods after such commencement, fix the rate of interest to be charged on amounts expended in any such period.

(b) The rate so to be fixed for each period shall reasonably approximate to the percentage cost of moneys borrowed by the Government of New South Wales in the twelve months immediately prior to that period for which the rate of interest is fixed.

(c) The rates to be adopted for the purposes of certificates to be made under the provisions of subsections three and

(3A) of this section and subsection three

of section three hundred and seventy-seven shall be the rates proclaimed in accordance with paragraph (a) of this subsection.

(d) The rates to be adopted for

purposes of paragraph (c) of subsection seven of this section and paragraph (b) of

subsection four of section three hundred

and seventy-seven shall be determined having regard to the several rates pro­ claimed in accordance with paragraph (a) of this subsection for any periods during the construction of the works, and also to the amount expended in each of the said periods.

(e) For the purposes of this subsec­
tion the expression " period" shall be

deemed

deemed to mean the period of twelve months commencing on the first day of July in any year.

(vi)   by inserting at the end of the same section the following new subsection :—

(TO) Every certificate of the Minister for Public Works and every notification by the Governor purporting to have been given or made under this section before the com­ mencement of the Local Government (Amendment) Act, 1927, shall be deemed to have been given or made in accordance with the provisions of this Act, notwith­ standing any failure of compliance with the provisions thereof, and every such notifica­ tion by the Governor of the capital debt of a council for water, sewerage, drainage, or electricity works shall be deemed in all respects whatsoever to have been and to be valid.

(b)	by omitting from subsection one of section three hundred and seventy-five the words "carried by the Treasurer to a Loan Trust F u n d " and by inserting the words "paid to the General Sinking Fund constituted under the State Debt and Sinking Fund Act, 1 9 0 1 " ;
(c)	by omitting section three hundred and seventy- seven and by inserting the following new section in lieu thereof :—

by the Minister for Public Works but not 377. (1) When any work partly constructed

completed is in his opinion so far constructed

as to be of use to the council he may report
that fact to the Governor.

(2) The Governor may notify that the council shall take over any partly constructed work and the care and management thereof.

(3) The said Minister may certify the amount actually expended in such construction, and the amount so certified, together with interest in accordance with section three

hundred

hundred and seventy-four of this Act, shall upon the certificate being notified become a debt due by the council to the Treasurer.

Such interest shall be calculated from the time of the expenditure of each sum included in such amount up to the end of the half-year in which the notification provided for in this section is published.
(4) Upon receipt of such certificate the Governor may notify—

(a)	the period not exceeding in any case one hundred years in which the debt is to be paid ; such period shall be fixed with regard to the nature and dura­ bility of the work ; and
(h)	the instalment which shall be paid by the council during each half-year suc­ ceeding that in which the notification is published in order to repay such debt with interest.

(5) The council shall in respect of any indebtedness under this section be liable for payment thereof in the same way as if works had been notified as complete in accordance with provisions of section three hundred and seventy-four of this Act.

(0) Like action may be taken from

time to time, and the provisions of this section

shall apply when the work has been further

constructed and before completion.

(7) When any work has been notified as having been finally completed and the capital debt on the completed work and the period for repayment fixed and the half-yearly instalment has been notified, the provisions of this section shall be superseded by the fore­ going provisions of this Part.

(8) In finally computing the capital debt credit shall be given to the council for payments under this section in respect of works notified before actual completion.

(d)

(d) by adding at the end of subsection one of section three hundred and seventy-eight the following proviso : —

Provided that in respect of stormwater drainage works the council, with the approval of the Governor, may defray the cost of maintenance and management, and provide for the payment of instalments from the general fund or the sewerage local fund, or make a contribution of such amount as may be approved by the Governor from tin; general fund to the stormwater drainage local fund.

(e) (i) by omitting subsections one, two, and three: of section three hundred and eighty-eight and the short heading preceding that section and by inserting the following short heading and subsections in lieu thereof :—

Special powers of Governor and Minister

for Public Works.

(1) The Minister for Public Works shall from time to time cause inspection to be made of any water, sewerage, drainage, or electricity works of the council where there is money owing to the Treasurer by the council in respect of those works.

If upon any such inspection he is of
opinion that such works are not properly

constructed or not kept in repair or not

kept in efficient working order he may direct the council to make such repairs or
alterations as he thinks necessary, and, if

the council makes default for three months in effecting such repairs or alterations, he may cause such repairs or alterations to be effected and recover the cost thereof from the council as a debt.

(2) (a) In respect of any water, sewerage, drainage, or electricity works constructed by the Minister for Public Works for any council under this Act, or the Acts repealed

by

by this Act, or otherwise out of public funds, the Governor, by notification, may direct that a specified sum shall be set aside annually out of the revenue derived from such works in order to provide a reserve for the purpose of effecting renewals of such works.

(b) The sum so notified shall he paid each year into a separate account in the council's bank.

As soon as may be after such payment the amount set aside shall be invested in Commonwealth or State Government loans or securities or placed on fixed deposit at interest with a bank or with the Treasurer.

Interest accruing from such investments or such deposit shall be regularly added to the account and invested in like manner.
(c) The fund created by such pay­ ments and interest accrued thereon shall not be drawn upon by the council except for the purpose of effecting such renewals of the works as may be approved by the Minister for Public Works.

(3) (a) In the event of a council making default in respect of the requirements of this section the Governor may direct that the sum notified as aforesaid shall be paid each year into a Special Deposits Account in

the Treasury, and if any council fail forth­

with to comply with such direction the provisions of section three hundred and seventy-six of this Act shall apply as in the case of a council making default in due payment of any instalment.

Interest at a rate to be fixed by the Treasurer shall be credited annually to the account by the Treasurer, and the account shall not be drawn upon except for such renewals as may be approved by the Minister for Public Works.

(b)

(b) This subsection shall apply to any existing fund created for the purpose of providing for renewals if the Governor so direct, and to the extent specified in such direction.

(c) The provisions of subsections two and three of this section may be suspended or varied in whole or in part in any case where the Governor is satisfied that adequate provision has already been made for the renewal of any works.

(ii)   by omitting from subsection four of the same section the words "Minister (or the Minister for Public Works) " and by insert­ ing in lieu thereof the words "Minister for Public Works " ;

(f) by inserting in subsection five of section three hundred and ninety-two after the word " Minister " the words " for Public Works " ;

(g) (i) by inserting in subsection one of section three hundred and ninety-six after the word " M i n i s t e r " the words "for Public W o r k s " ;

(ii)  by omitting subsection two of the same section and inserting in lieu thereof the following new subsection :—

(2) The Minister for Public Works shall cause inspection to be made of any sewage disposal or treatment works, and may give directions as to their proper maintenance and working in order that their efficiency

from may be prevented. may be maintained and that nuisance there­

Such directions shall be obeyed by the council, and if not so obeyed within a reasonable time after written notice thereof is served upon the council, the said Minister may cause such things to be done for the aforesaid purposes as he may deem necessary, and may recover the expense thereby incurred from the council as a debt.

(h)

(h) by inserting in subsection one of section four hundred and one after the word " may " the words " on the recommendation of the Minister for Public Works " ;

(i) (i) by omitting from subsection one of section four hundred and two the words " the Minister or " ;

(ii)   by omitting from subsection two of the same section the words " the Minister or " ;

(j) by inserting at the end of section four hundred and three the following words: " a n d may require the construction of sufficient drains for that purpose, or may, at the cost of the owner, construct drains to dispose of roof, surface, and other waters from the premises so as to conduct the water to the most appropriate gutter or water channel under the control of the council."

13.      Par t X V I I I of the Principal Act is amended—

(a)	by omitting from paragraph (c) of subsection one of section four hundred and twenty-three the words " and sections one hundred and eighty-two and one hundred and eighty-three of the Stock Act, 1901 " ;
(b)	by inserting in section four hundred and twenty-four at the end of the definition of " occupant " the following words :—" and in respect of a travelling stock and camping reserve includes the Pastures Protection Board
under whose control such reserve has been
placed under section 26A of the Pastures Protection Act, 1912 " ;
(c)	by inserting the following words at the end of section four hundred and twenty-seven :—
Where a quarantine area or line has been notified or established under the Stock Diseases Act, 1923, the pound to which the animal shall be taken shall be the pound to which access may be had most conveniently having regard to the provisions of that Ac t ;

(d)

(d)	by omitting from subsection six of section four hundred and thirty-three the words " from the pound " ;
(e)	by inserting at the end of section four hundred and thirty-six the following new subsection :—

(5) "Where the proceeds of the sale of an impounded animal exceed the fees, charges, and damages payable under this Act in respect of such animal the council shall on request pay such surplus to the owner of the animal.

1. Part X I X of the Principal Act is amended by

omitting subsection six of section four hundred and forty-six and inserting the following new subsection in lieu thereof:—

(6) (a) A sum not exceeding three thousand pounds may be expended from the Waverley Cemetery Fund upon the construction or reconstruc­ tion of the following roads within the municipality of Waverley :—

Boundary street East, St. Thomas street, Trafalgar street, Macpherson street, and the twenty-feet lane at the foot of the cemetery wall,

(b) In addition to the said amount a sum not exceeding three hundred and sixty-five pounds in any one year may be expended from the Waverley Cemetery Fund annually on the maintenance of the following roads in approach or adjacent to the cemetery, namely :—

Chesterfield parade—from Arden street to

St. Thomas street.

Trafalgar street—from Sc. Thomas street to

Hardy street.

Boundary street—from St. Thomas street to the Pacific Ocean.

Boundary street—from Arden street to St. Thomas street.

Twenty-feet lane at foot of cemetery Avail.

St. Thomas street—from Macpherson street

to Boundary street.

Macpherson street—from Albion street to St. Thomas street.

15.      Par t X X I I of the Principal Act is amended—

(a) (i) by inserting in subsection one of section four hundred and seventy after the word " declared " the words " by the council " ;

(ii)  by omitting from subsection two of the same section the words " After the expira­ tion of two months from the publication of the notice aforesaid, if the occupier of any land has not in the opinion of the council taken reasonable steps to comply with the requirements of this section the council may subject to the provisions of this A c t " and by inserting in lieu thereof the words " After the expiration of one month from the publication of the notice aforesaid, if the occupier of any land has not taken reasonable steps to comply with the require­ ments of this section the council may, subject to the provisions of this A c t " ;

(b) (i) by inserting in section four hundred and seventy-one after the word "dec la red" the words " by the council" ;

(ii)  by omitting from paragraph (a) of sub­ section one of the same section the words " t w o m o n t h s " and by inserting in lieu thereof the words " one month " ;

(iii)   by omitting from subsection two of the same section the words " in the opinion of

the counci l" ;

(c) by inserting after section four hundred and seventy-one the following new section :—

471A. (1) "Where any plant or animal has been declared by the Governor to be a noxious plant or animal in all municipalities and shires, or in any district under the provisions of section four hundred and sixty-eight, it shall be the duty of all occupiers, or if there be no occupier the owner, of any land therein to keep) such land free therefrom.

(2)

(2) Any occupier or owner offending
against the provisions of this section shall he
liable to a penalty not exceeding fifty pounds.

(3) Proceedings for recovery of a penalty under this section may be instituted by the council or by any person.

(4) The council may at its discretion in any case where the occupier or owner fails to destroy any such plant or animal, prior to or subsequently to or in lieu of prosecuting for such offence, cause such plant or animal within such land to be destroyed, and may recover from the occupier or owner, as the case may be, any reasonable expense incurred thereby,

(5) The provisions of subsection four of section four hundred and seventy-one shall apply with respect to plants or animals declared to be noxious under section four hundred and sixty-eight.

(d) (i) by omitting from section four hundred and seventy-three the proviso to subsection two, and inserting in lieu thereof the following provisos:—

Provided that this subsection shall not apply to dedicated roads which are separated from such lands by fences, and are used as public thoroughfares:

Provided also that where a road, whether

dedicated or undedicated, which adjoins any

such lands is fenced on one side only, the	council may notify that the duty to destroy
noxious plants and animals upon the whole of such road shall extend to and apply to the person whose unfenced lands the road adjoins.

(ii)   by inserting in subsection three of the same section after the word " s ta tu to ry" the words " or public," and after the word " reserves " the words " or public reserves " ;

(e)

(e)	by omitting from subsection one of section four
hundred and seventy-five the word " f o r t y "

and inserting the word " eighty."

16.     Part X X I I I of the Principal Act is amended—

(a) (i) by omitting from subsection two of section four hundred and ninety-three the words " h o a r d of Water Supply and Sewerage" and by inserting: in lieu thereof the words " Metropolitan Water, Sewerage and Drain­ age Board " ;

(ii)   by inserting at the end of the same section the following new subsection:—

(4) Notwithstanding anything contained elsewhere in this Act, a local rate levied under the provisions of this section may be combined with the general rate and the proceeds of the combined rate may be paid into the general fund.

Where a combined rate is levied as provided in this section it shall not be necessary to keep the accounts of a local fund.

Any sum payable in respect of a guarantee under this section may, pending the making or collection of the combined rate, be paid from the general fund.

The provisions of subsections two and three of section one hundred and twenty- seven shall apply to a combined rate levied under the provisions of this subsection.

(b) by omitting from section five hundred the word " ta r -paving" and inserting the word " paving " ;

(c) (i) by inserting in subsection one of section
five hundred and two after the words

" bridges across " the words " or subways

under " ;

(ii)  by inserting in subsection two of the same section after the words " provided by " the words " section two hundred and seventy- three of " ;

(iii)

(iii)   by omitting from subsection five of the same section the words "bridge or level crossing" and by inserting in lieu thereof the words " level crossing, subway, or

bridge " ;

(iv)  by inserting in the same subsection after the word "cross ing" where that word secondly and thirdly occurs the word " subway " ;

(d) by omitting section five hundred and eleven.

17.      Par t X X I V of the Principal Act is amended—

(a) by omitting section five hundred and seventeen and inserting the following :—

517. (1) The council may agree to pay for any purchase lawfully made, or for the per­ formance of any work which it might lawfully undertake, by instalments extending over a period of years.

(2) Before entering into any such con­
tract the council shall advertise the proposed
conditions of the contract and call for tenders.
Such tenders shall be considered on their

merits before a decision is arrived at.

(3) A council shall not enter into contracts under this section if the amount of the liabilities under such contracts when added to the amount owing by the council as loans shall exceed twenty per centum of the unimproved capital value of all ratable land

in the area in the case of a municipality, or

in the case of a shire thrice the amount of the

income of the shire as shown by the last year's
accounts.

(A) The council shall not enter into a contract under this section if the amount of the annual payments necessary under such contract when added to the annual payments to be made under any other contract under this section then subsisting in respect of any particular fund shall be more than ten per

centum

centum of the estimated income of that fund during the year in which the contract is entered into.

(b) (i) by omitting from subsection two of section five hundred and nineteen the words " with­ out the approval of the Governor " ;

(ii)   by inserting at the end of the same sub­ section the words " except upon competition either by public auction or tender" ;

(iii)  by inserting at the end of the same section the following new subsections :—

(3) The lease shall reserve the best rent
that can reasonably be obtained, regard
being had to the circumstances of the case.
(4) The term of the lease shall not

exceed—

(a) in the case of a building lease, ninety- nine years:

(b) in any other case, twenty-one years.

(c)	by omitting from section five hundred and twenty the words " or lease " ;
(d)	by omitting from subsection one of section five hundred and twenty-two the words " making or repairing such public road, and in building, providing, maintaining " and by inserting in lieu thereof the words " making, repairing, or lighting such public road, and in building, providing, maintaining, l igh t ing" ;
(e)	by omitting from paragraph (d) of subsection two of section five hundred and twenty-four the words " the clause " and by inserting in lieu thereof the words " this section."

18.      Par t X X V I I of the Principal Act is amended

as follows :—

(a) I n section five hundred and forty-nine—

(i)   by the omission of subsection four and the insertion of new subsection four as follows :—

(4) The number of committeemen
constituting an urban committee shall

be

be three or such other number as the Governor may determine from time to time.

(ii)   by adding after subsection six new sub­ section 6A as follows :—

(6A) If a vacancy in the office of urban committeeman continue after the time prescribed for election thereto the Governor may appoint any qualified person to the vacant office :
Provided that where he deems it expedient the Minister may authorise the holding of an election to fill the vacant office.

(b) (i) by omitting from subsection two of section five hundred and fifty-one the words "only for the benefit of an urban area shall be secured on ly" and by inserting in lieu thereof the words " upon the application of an urban commit tee or for the benefit of an urban area shall be secured primarily " ;

(ii)  by omitting subsection four of the same section.

(c) by adding after section five hundred and fifty- four the following new sections :—

554A. Notwithstanding anything contained in sections five hundred and fifty and five hundred and fifty-one of this Act, the accounts of an urban committee may, at the request of the urban committee, be kept by the council, and the urban committee may

authorise the president and clerk to draw cheques upon its bank accounts for the

purpose of meeting expenditure authorised by
the urban committee.

554B. Where an urban area has been established and there is no urban committee of that area in office the council may exercise in relation to the urban area the powers given by this Act to an urban committee or which the council could exercise upon the application or request of an urban committee,

L 19 .

19 . (1) Part X X I X of the Principal Act is

amended—

(a) (i) by inserting in subsection eight of section five hundred and sixty-two after the word " c o u n c i l " the words "for any reason set out in section thirty-live or section thirty- s i x " ;

(ii)   by inserting in subsection fourteen of the same section after the words " county council" the words "and the Minister" ;

(iii)  by inserting at the end of the same section the following new subsection :—

(15) Where a vacancy in the office of delegate continues after the time prescribed for election thereto, the Governor may appoint any member of the councils concerned to fill the vacant office:

Provided that where he deems it expedient the Minister may authorise the holding of an election to till the vacant office.

(b) (i) by omitting paragraphs (a), (b), and (c) of subsection three of section five hundred and sixty-three, and by inserting in lieu thereof the following new paragraphs :—

(a) within one month after the date of the first election or appointment of the county council; and

(b)	within one month after the date of each subsequent general election or an appointment of the whole of the county council; and
(c)	within the month of December in each of the years intervening between the years of the general elections of the county council ; and
(d)	within ore month after the occur­ rence of a vacancy.

(ii)

(ii)   by inserting next after subsection three of the same section the following new sub- section :—

(3A) The chairman may resign bis office by letter to the county council.

(iii)   by inserting at the end of the same section the following new subsection :—

(11) The county council may pay to its chairman an allowance during his term of office.

(c)	by omitting the proviso to subsection four of section five hundred and sixty-five inserted by section thirty-five of the Local Government (Validation and Amendment) Act, 1922, and by adding a proviso in the same terms at the end of subsection four of section five hundred and sixty-four;
(d)	by inserting at the end of paragraph (a) of section five hundred and seventy-three the following words: "wi thout limiting the generality of the foregoing power applying any of the provisions of sections twenty-six, thirty, thirty-one, thirty-five, forty-eight, eighty-six, or of Part V I I I of this Ac t ; and "

(2) Part I of the Principal Act is amended by inserting in the definition "office" or "civic office " after the word " a lderman" the words " or chairman or member of a county council."

(3) Section thirty-five of the Local Government (Validation and Amendment) Act, 1922, is hereby repealed.

20 . Par t X X X of the Principal Act is amended—

(a)	by omitting from subsection three of section five hundred and ninety the words " a council" and inserting the words " the clerk " ;
(b)	by inserting at the end of section five hundred and ninety-one the following new paragraph :—

(c) in any case by an officer of the Board of Health appointed by that board in that behalf either generally or in respect of any special proceeding.

(c)

(c)	by omitting from subsection five of section six hundred and three the words " without obtaining the approval of the Governor to such purchase " ;
(d)	by omitting from paragraph (f) of subsection three of section six hundred and lour the words " by ordinance" and by inserting in lieu thereof the words " by regulations made under the Conveyancing Act, 1919 " ;
(e)	by omitting from subsection two of section six hundred and eight and from section six hundred and nine the words and figures " Part I I I of the Trustee Act, 1898 " and by inserting in lieu thereof the words and figures " Part IV of the Trustee Act, 1925 " ;

(f) (i) by omitting from subsection one of section six hundred and ten the words and figures "sections fifty-nine, sixty-one, and sixty- three of the Trustee Act, 1898—(a) the particular " and by inserting in lieu thereof the words and figures " Part IV of the Trustee Act, 1925—(a) t h e " ;

(ii)   by omitting subsection two of the same section.

(g)	by inserting in subsection two of section six hundred and eleven after the figures " 1898 " the words and figures " o r under Part IV of the Trustee Act, 1925 " ;
(h)	by inserting next after section six hundred and twenty-five the following new section :—
625A. Where the value of land is an issue to be determined in any court, a notice under section one hundred and sixty-three coming from the custody of the council may, if the transfer of the land to which the notice relates, or the purchase price or consideration therefor is, in the opinion of the court, material to be considered, be received as prima facie evidence of the contents thereof, and without proof of the signature of the person or persons by whom the notice purports to have been signed.

(i)

(i) in section six hundred and forty—

(i)  by inserting after subsection one the following new subsection, namely :—

(1A) Any penalty, fine, or forfeiture under this Act or any ordinance made thereunder recovered in proceedings instituted by a member of the police force or by an officer of the Board of Health shall be paid to the Consolidated Revenue Fund.

(ii)   by inserting at the commencement of subsection two the words " subject to the provisions of this section " ; and by inserting in the same subsection after the words " police force " the words " or an officer of the Board of Health."

(j)	by inserting at the commencement of subsec­ tion two of section six hundred and forty-seven the words " except with the consent of any council the interests of which may be con­
cerned " ;
(k)	by omitting subsection two of section six hundred and forty-nine and by inserting in lieu thereof the following new subsection :—

(2) The person holding the inquiry shall have the powers conferred by the Royal Commissions Act, 1923, on a commissioner appointed under Division 1 of Part I I of that Act, and the said Act, section thirteen and Division 2 of Part If excepted, and the

provisions of section one hundred and fifty-two
of the; Justices Act, 1902, shall mutatis

mutandis apply to any witness or person summoned by or appearing before such person.

(1) (i) by omitting paragraph (d) of subsection five of section six hundred and fifty-four and by inserting new paragraph (d) in lieu

thereof:—

(d) the Metropolitan "Water, Sewerage
and Drainage Board;

(ii)

(ii)   by omitting from paragraph (n) of the same subsection the word " and " ; and by adding at the end of subsection five the following new paragraphs:—

(p)	the Grafton and South Grafton Water Hoard;
(q)	the Forestry Commission of New South Wales;
(r)	the Main Roads Board of New South Wales.

2 1 . (1) Schedule Three of the Principal Act is amended—

(a) by omitting subclause two of clause ten and inserting the following subclause in lieu

thereof:—

(2) Lands which arc separately owned, or lands which do not adjoin shall be separately valued provided that all lands valued on a freehold basis which are separated by a road generally used by the public may be included in one valuation if owned by the same person and worked as one holding.

(b) by inserting at the end of subclause two of clause nineteen the following new paragraph:—

(g) determine whether any part of the land included in a valuation is ratable, and the value of that part.

(2) The Principal Act is further amended—

(a) by omitting from section four, from section three hundred and sixty-eight, from section six hundred and fifty-one, and from clause twenty-four of Schedule Three the words

"Board of Water Supply and Sewerage"

and by inserting in lieu thereof the words "Metropolitan Water, Sewerage and Drainage Board" ;

(b)	by omitting from section three hundred and sixty-eight and from section four hundred and five and clause twenty-four of Schedule Three the words "Metropoli tan Water and Sewerage Act of 1880" and by inserting in lieu thereof the words " Metropolitan Water,
Sewerage, and Drainage Act, 1 9 2 4 " ;

(c)

(c) by inserting at the end of subsection four of section four hundred and twenty the following words:—

For the purposes of this subsection " sitting days " means days upon which a House meets for the despatch of business; and a proroga­ tion or dissolution of Parliament shall not prevent the running of the fifteen sitting clays within which the notice of motion to disallow an agreement or part is to be given.

22 . The Woollahra Loan Act, 1918, is amended—

(a) by omitting section four and by inserting in lieu thereof the following new section : —

4. The council shall in each year com­ mencing with the year beginning on the first day of January next following the commence- ment of the Local Government (Amendment) Act, 1927, levy a loan rate on the unimproved capital value of all ratable land in the munici­ pality for the purpose of paying interest on and repaying the principal of the loan, and shall continue to levy such rate each year until the sum borrowed shall have been repaid.

(b) by omitting the Schedule to the said Act.

2 3 . The proclamations respecting—

(a)	Wellington Water Supply, published in the Government Gazette number sixty-seven of the eighth day of June, one thousand nine hundred and twenty-three;
(b)	Ballina Water Supply, published in the Govern­ ment Gazette number one hundred and five of the seventh day of July, one thousand nine

hundred and twenty-two;

(c)	Peak Hill Water Supply, published in the Government Gazette number sixty-nine of the fifteenth day of June, one thousand nine hundred and twenty-three;
(d)	Gunnedah Water Supply, published in the Government Gazette number forty-four of the thirteenth day of April, one thousand nine hundred and twenty-three;

(e)

(e)	Balranald Water Supply, published in the Government Gazette number sixty-five of the eighth day of May, one thousand nine hundred and twenty-three ;
(f)	Cootamundra Water Supply, published in the Government Gazette number one hundred and seventy-one of the twenty-fourth day of December, one thousand nine hundred and twenty-five,

shall be deemed to have been valid and of full force and effect notwithstanding that any such proclamation may have affected a thing done before the publication

thereof.
24. The securities given by the Blaxland Shire Council and the Bellingen Shire Council respectively during the year one thousand nine hundred and twenty- five to secure the repayment of the respective sums of five thousand pounds and nine thousand pounds borrowed for the purpose of establishing electricity supply undertakings in the Portland and Bellingen urban areas respectively are hereby validated.
25 . The Municipal District of Wrightville Naming Act of 1902 is hereby repealed.

2 6 . (1) The Impounding Act, 1898, is amended by inserting next after section seven the following new sections:—

7A. (1) Every poundkeeper shall keep copies of the latest edition of the brand directories and of subsequent Gazettes containing lists of the brands subsequently registered and the names and

the receipt of a fee of one shilling, permit a search	residences of the proprietors thereof; and shall, on
in such brand directories and Gazettes at all reason­ able hours.
(2) Every poundkeeper who fails to comply with any requirement of this section shall, for every such offence, be liable to a penalty not exceeding five pounds.
7B. (1) When any cattle or horses are impounded, the poundkeeper shall forthwith send notice thereof to the proprietor of the brand which appears last in order on such cattle or horses.

(2)

(2) Every pounclkeeper Avho neglects or delays to send any such notice shall, for every such offence, he liahle to a penalty not exceeding ten pounds.

(2) Nothing in this section shall affect the operation of paragraph (c) of suhsection one of section four hundred and twenty-three of the Local Govern- ment Act, 1919, as amended hy this Act.

2 7 . The Main Roads Act, 1924, is amended hy
^ inserting in section three next after the definition of
" Metropolitan Main Road" the following definition :—

" Minister " means the Minister of the Crown for

the time being administering this Act.