Local Government (Amendment) Act 1928 (NSW)
LOCAL GOVERNMENT (AMEND-
MENT) ACT.
Act No. 41, 1928.
An Act to extend the powers of the councils of municipalities and shires in certain respects; to validate certain matters; to amend the provisions of the Local Government Act, 1919, as amended by subsequent Acts as to the qualification of electors; to amend the said Act as so amended and certain other Acts; and for purposes connected therewith. [Assented to, 21st December, 1928.]
| 1 . (1) This Act may he cited as the "Loca l Government (Amendment) Act, 1928," and shall be read and construed with the Local Government Act, 1919, as amended bv subsequent Acts. | (2) |
tive Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legisla-
Wales in Parliament assembled, and by the authority of the same, as follows:—
(2) The Local Government Act, 1919, as so
amended, is in this Act referred to as the Principal
Act,
2. The Principal Act is amended as follows :—
(a) by inserting in the definition of "newspaper" before the word " circulating " in section four the following words : " registered for trans- mission through post " ; (b) (i) by inserting after paragraph (d) of subsec- tion one of section nineteen the following new paragraph :—
(e) in a case where it is proposed to exercise in respect of two or more adjoining areas the powers of one or more of the said paragraphs, by the council of one of such areas or by an officer of the Minister.
(ii) by omitting subsection three of the same section and by inserting in lieu thereof the following new subsection: —
(3) "Within the time fixed in such notice, objection to the proposal may be
lodged—
(a) by the council of any area affected ; or (b) by fifty electors of any such area ; or
(c)
in a case where part of an area is proposed to be taken from one and added to another area, or is proposed
electors of that part, or by any to be created a separate area, by fifty number of electors not less than one- third of those enrolled in respect of lands situated in that part.
(c)
by omitting from subsection two of section twenty the word " a n d " where that word firstly occurs and by inserting in lieu thereof the word " or " ;
(d) (i) by inserting in paragraph (b) of subsection
two of section thirty aftcr the word " falls "the words " or his appointment is made " ;
(ii)
(ii) by inser t ing after p a r a g r a p h (k) of subsec
t ion five of section t h i r t y the following new pa rag raph : —
or (1) t he sale and delivery of an ar t ic le tot he council in t h e ordinary course of a re ta i l business when the sale is m a d e wi thout his personal knowledge
and in disregard of his express
general ins t ruc t ions .
(e) by omitting from subsection two of section
th i r tv - th ree t he word " t a k i n g " and inser t -
ing in l ieu thereof the words " a c t i n g in . "
3 . The Pr inc ipa l Ac t is fur ther a m e n d e d —
(a) by inserting after subsection two of section fiftv-onc a new subsection as follows :— (3) A person whO on the prescribed day possesses one or more qualifications for enrol m e n t shall no t be deemed to lose his r igh t to enro lment mere ly because of a change of qualification or a loss of one of his qualifica t ions be tween t h e prescr ibed day and t h e last day for t he receipt of claims for enro lment .
(b)
by inserting at the end of subsection two of section fifty-six t h e words " or by reason only of a change of qualif icat ion."
4 . The Pr inc ipa l A c t is fu r ther amended by inser t
i ng a t t he end of pa r ag raph (d) of section fifty-four the following words : " and is no t a l ready enrolled in some
| o ther area by v i r tue of th is pa r ag raph | only ." |
5 . The Pr inc ipa l Ac t is fu r ther a m e n d e d —
(a) by inserting at the end of subsection one of section fifty-eight t he words " and may n a m e or a l ter t h e n a m e of any w a r d " ; (b) by inserting at the end of section ninety the following new subsection :— I n a r r iv ing a t the aggrega te income for t h e purposes of th is section, n ightsoi l a n d garbage remova l fees and charges shall be disregarded, and where t he costs of s t reet
(5)
l igh t ing
lighting or nightsoil or garbage removal services are paid from the proceeds of the general rate, a deduction of such costs shall be made.
(c) by inserting next after section ninety the fol- lowing new section:— 90A. (1) Every council which conducts an electricity trading undertaking or undertakings shall, on and after a date to be proclaimed, employ an electrical engineer who shall hold a certificate as prescribed.
(2) Subject to the approval of the
Minister, any person holding the prescribed certificate may be appointed electrical engineer to two or more councils.
(3) Subsection one of this section shall
apply only—
(a) where the total annual income from all sources of the undertaking or under- takings averaged over the last preceding three years, or if not in existence
during the last preceding three years averaged over the period during which the undertaking or undertakings have been in existence, exceeds the sum of four thousand pounds; or
(b) where two or more councils, each con- ducting its own electricity trading undertaking, employ the same electrical engineer, and where the combined total annual income from all sources of such undertakings averaged over the last
preceding three years, or if the under-
takings have not been in existence during the last preceding three years averaged over the period the under- takings have been in existence, exceeds the sum of four thousand pounds. (4) Eor the purpose of this section " council " shall include a county council or an
urban committee.
(5) Ordinances may be made prescrib-
ing the conditions under which certificates as
electrical engineer may be issued.
(d)
(d) by inserting in subsections one and two of
section n ine ty - th ree after t he word " e n g i n e e r " t he words " or electr ical engineer " ;
(e) (i) by inser t ing in subsect ion one of section
n ine ty-n ine after the words " a p p l y t o " t he word " county " ; (ii) by inserting in the same subsection after
the words " g a s m a n a g e r s " t he words
"e l ec t r i ca l engineers , persons in cha rge of t r ad ing unde r t ak ings of a counci l for t h e supply of electrici ty or hydraul ic power " ;
(iii) by inserting at the end of the same section t he following new subsections :—
(9) The council shall pay to the Min i s te r t he expenses of t he person ho ld ing the inqu i ry ( inc luding the salary of any publ ic servant engaged thereon) or such por t ion thereof as the Minis te r m a y decide.
(10) The person hold ing the inqui ry may award costs and expenses ( including the expenses of the person hold ing the inqui ry) to an a m o u n t assessed by h im against e i ther the council or the servant . A n y costs or expenses so awarded m a y be recovered as a debt .
(11) The person hold ing t h e i nqu i ry
shall also de te rmine whe the r the servant shal l or shall no t be paid his salary or any par t thereof for the period of his suspension.
(12) Tor t he purpose of this section
" c o u n c i l " includes coun ty council and an urban commit tee .
(f) by omitting from subsection three of section
carried to some o ther fund if t h e Governor one h u n d r e d and e ight the words " may be approve " and by inser t ing in lieu thereof the words " shall be carried to such other fund as the Minis ter directs " ;
(g)
by omitting from subsection three of section one hund red and nine the words " may be carried to some other fund if t h e Governor a p p r o v e " and by inser t ing in lieu thereof t he words " shall be carried to such o ther fund as
t he Minis te r directs " ; (h)
(h)
by omitting from subsection three of section one h u n d r e d and t en t he words " may be carr ied to some other fund if the Governor approve " and by inse r t ing in lieu thereof t h e words " shal l be carr ied to such o ther fund as t he Min is te r directs " ;
(i) b y omi t t i ng subsect ion six of section one
h u n d r e d and twen ty- four and by inser t ing in l ieu thereof t he following new subsect ion :—
(6) The Minis te r m a y g ran t permission to t he counci l to reduce or refrain from levying t h e loan ra te where t h e council satisfies h im t h a t i t has made or will m a k e provision from t h e appropr ia te fund for the p a y m e n t of p a r t or the whole of t he in teres t and ins ta lments of r e p a y m e n t or a m o u n t s payable for depreciat ion or for loan r e p a y m e n t or s inking fund, or where in t h e case of a loan for the credit of a t r a d i n g fund the counci l satisfies h i m t h a t a ne t income will probably be or has a l ready been derived from t h e u n d e r t a k i n g after m a k i n g reasonable provision for depreciat ion, and t h a t such net income will be or is available toge the r wi th any surp lus proceeds of t he loan ra te (if any) for the p a y m e n t of in teres t and ins ta l
men t s of r e p a y m e n t or amoun t s payable to
reserve for loan r e p a y m e n t or s ink ing fund.
(j) (i) by omi t t i ng subsect ion one of section one
hundred and twenty-seven and by inser t ingin l ieu thereof t he following new subsec
t ion :—
(1) W h e r e more ra tes t h a n one are levied
b y a council such ra tes shal l be m a d e
separate ly b u t m a y be levied as separa te ra tes or as a combined ra te .
(ii) by omitting subsection (1A) of the same section ;
(k)
b y inser t ing at t he end of section one h u n d r e d and sixty-five t h e following new p a r a g r a p h :—
(d) t he levying of combined ra tes .
(1) (i) by inse r t ing in subsect ion four of section
one h u n d r e d and e ighty after t h e word
" l o a n " whe re i t t h i rd ly occurs t he words
" o r
" or where the council proposes to pay such in teres t and pr inc ipa l from t h e proceeds of a local ra te levied in tha t p a r t " ;
(ii) by inserting in subsection nine of section
one h u n d r e d and e ightv after the figures " 1 9 1 4 " t h e words " t o g e t h e r wi th a n y liabilities of t he council in respect of a con t r ac t en te red into in p u r s u a n c e of section five hundred and seventeen " ;
(iii) b y omi t t i ng f rom the proviso to t h e same
subsect ion t h e word " f u l l " and b y inse r t ing in l ieu thereof t h e word
" r e a s o n a b l e " ;
(m) (i) by omi t t i ng from p a r a g r a p h (a) of section one hundred and e ighty-four the words " in respect of loans, will cause t he to ta l a m o u n t of loans owing " and by inser t ing in l ieu thereof the words " in respect of loans a n d liabilit ies of t he counci l upon cont rac ts entered in to in pu r suance of section five h u n d r e d and seventeen, will cause t he to ta l
a m o u n t owing on account of loans a n d such c o n t r a c t s " ; (ii) by omitting from the proviso to the same
pa rag raph t h e word " f u l l " and by inse r t ing in lieu thereof t h e word " reasonable ."
6. T h e Pr inc ipa l A c t is fur ther a m e n d e d —
(a) by omi t t ing pa rag raph (h) of subsect ion one of section one h u n d r e d and t h i r t y - two and by
inser t ing in l ieu thereof t he following new
pa rag raph :— (h)
land which belongs to a religious body a n d which is occupied and used in connect ion wi th a chu rch or o ther build ing used or occupied for publ ic worship or solely as a rectory, vicarage, presby tery , manse , or parsonage , in connect ion
wi th such c h u r c h or bu i ld ing ; and
(b) by omi t t i ng pa r ag raph (j) and by inser t ing in l ieu thereof the following new pa rag raph :—
(j)
land which belongs to and which is occupied and used in connect ion w i t h
a n y
any school registered under the Bursary Endowment Act, 1912, or any certified
school under the Public Instruction
(Amendment) Act, 1916, including any playground which belongs to and is used in connection with any such
school.
7. (1) The Principal Act is further amended—
(a) by omitting sections one hundred and seventy four and one hundred and seventy-five and by inserting in lieu thereof the following new sections: — 174. (1) The council may borrow by "way of limited overdraft for any purpose which the
council is authorised to create or expend any
fund (other than a trust fund) or for any purpose for which moneys raised by ordinary loan may be applied.
(2) Subject to this section the amount
which may be borrowed by the council by way
of overdraft shall not exceed one-half of the
income of the fund concerned, that is to say :—
(a) one-half of the income as shown by the last audited accounts ; or
(b) if there are no audited accounts, or if the fund was not in existence during the whole of the last year for which there are audited accounts, or during the whole of the year immediately preceding the
year in which the overdraft is proposed to be obtained, one-half of the income as estimated in the published estimates of the fund for such last-mentioned year. In calculating the limit of overdraft in
respect of a fund any sum received by the
council from the Government or Main Roads
Board as a grant and credited to such fund, except any sum received as endowment under Division 5 of Part V I I of this Act, shall be excluded.
(3)
(3) N o greater sum shall he borrowed unde r t h i s section t h a n t h e a m o u n t s tated in a certificate of t he audi to r of t he counci l as be ing the sum which m a y be borrowed within t he l imits imposed by th is sect ion.
(4) The counci l may borrow a n d re
borrow from t i m e to t ime wi th in t h e l imi ts provided by th is section.
175. (1) Money borrowed by way of l imited overdraft shall be deemed to be secured upon t h e income of t he fund in respect of which t h e money is borrowed.(2) A certificate in t he prescribed form p u r p o r t i n g to be t h e certificate of t he aud i to r of the council shal l be conclusive as regards any lender t ha t t h e a m o u n t ment ioned there in may be lawfully borrowed and t h a t t h e provi sions of th i s A c t wi th respect to borrowing h a v e been duly complied wi th , a n d such certificate shal l con t inue to be operat ive as regards any lender un t i l such l ender shall receive a n e w certificate.
(3) I t shal l no t be necessary to levy aloan r a t e in respect of a loan by way of
l imited overdraft .
(4) N o t h i n g conta ined in th i s Ac t shall inval idate or pre judic ia l ly affect any au tho r i t y given by t h e Minis te r to a council u n d e r t he provisions of subsect ion three of section one h u n d r e d and seventy-four of th is
A c t as t h e same stood pr ior to t he commence
m e n t of the Local G o v e r n m e n t ( A m e n d m e n t )
Act , 1928, or any secur i ty lawful ly given u n d e r or by v i r tue of such au tho r i t y , and t h e council may borrow and reborrow from t i m e to t ime wi th in t h e l imi t imposed by such au thor i ty , subjec t only to such condit ion as to reduc t ion of t h e overdraf t as m a y be named there in .
Every such au tho r i t y shall be conclusive
evidence t h a t t h e provisions of t h e A c t wi thregard to t h e bor rowing have been duly
complied wi th . (5)
(5) N o t w i t h s t a n d i n g a n y t h i n g con
ta ined in th i s A c t a counci l may borrow and reborrow from t ime to t ime upon a n y certificate of t he aud i to r which had, prior t o t h e commencemen t of t he Local G o v e r n m e n t ( A m e n d m e n t ) Act , 1928, been given under t h e provisions of subsect ion four of section one h u n d r e d and seventy-four of th is Ac t as
t he same stood pr ior to t he c o m m e n c e m e n t of t h e Local G o v e r n m e n t ( A m e n d m e n t ) Act ,
1928, w i th in t he l imi t s ta ted in such last- men t ioned certificate. The power of t h e council to borrow and reborrow conferred by th is subsect ion shal l con t inue as regards t h e counci l only u n t i l t h e audi tor shal l give a certificate in t h e prescribed form unde r th is A c t and as regards the lender unt i l t he lender shal l receive such certificate.
(b) by inserting in subsection one of section
twen ty -one af ter p a r a g r a p h ( q l ) t he following new pa rag raph :—
(q2)
fix in t h e case of t h e cons t i tu t ion of a n area in accordance wi th pa rag raphs (c), (d) , (e), or (f) of section s ixteen, t he l imi t no t exceeding which t h e counci l m a y borrow a n d re-borrow by way of l imi ted overdraft in respect of any fund of t h e council , except a t r u s t fund, un t i l t h e es t imates for t h e n e x t year are publ ished, or u n t i l t h e
aud i t of t he accounts for the nex t year .
(c) by omitting from subsection two of section
one hund red and seventy- three t he words
" o r for t he au thor i ty of the Min i s te r referred
to in section one h u n d r e d and s e v e n t y - f o u r " ; (d) by inserting at the end of subsection eight of section two hundred and eleven the following w o r d s : — H e shall also certify in t he prescr ibed form the a m o u n t which the counci l may borrow by way of l imited overdraft in respect of each fund of t he counci l in p u r s u a n c e of section
one h u n d r e d and seventy-four .
(2)
(2) The council m a y appropr ia te money from any fund in respect of which money shal l have been borrowed by way of overdraft to repay any s u m or sums so borrowed after t he commencemen t of t he Local Gove rnmen t (Amendment ) Act , 1927, and before t h e thir ty-f i rs t day of December , one thousand n ine h u n d r e d a n d twen ty -e igh t , if the s u m or sums so borrowed are w i th in t he l imi t of t h e Minis te r ' s certificate or cert i ficates held by the council a t t he date of such c o m m e n c e m e n t ; and any such appropr ia t ion m a d e
| before | t h e | c o m m e n c e m e n t | of | t h e | Local | G o v e r n m e n t |
(Amendment ) Act , 1928, is hereby val idated.
8 . The Pr inc ipa l A c t is fur ther a m e n d e d — (a) (i) by omi t t i ng from subsection one of section
two hund red and f ive t he words " m a i n road g ran t s " ; (ii) by omitting from subsection two of the same section t he word " g r a n t " ;
(b) by inserting at the end of subsection one of section two h u n d r e d and forty-one t he words " or lay any pipe in or t h r o u g h such land " ; (c)
by inser t ing a t t he end of section two h u n d r e d
and for ty- three t he following new subsec t ion :—
(5) W h e r e a roadway is laid to a ke rb in concrete cons t ruc t ion with or w i thou t a n
aspha l t i c top , the s t r ip of such cons t ruc t ion adjoining the kerb and of a wid th of e ighteen inches shall be deemed to be gu t t e r ing wi th in
t h e m e a n i n g of th i s section.
(d) by inser t ing nex t after section two h u n d r e d
and forty-nine t he following new section :— 249A. I f any an ima l is found s t ray ing in any pub l i c road, t he owner or person in cha rge of such an imal shal l be liable to a p e n a l t y no t exceeding five pounds nor less t h a n five shi l l ings for each animal , unless he proves t h a t he has t aken all reasonable means to
p reven t such an imal from so s t raying .
(e) by omi t t ing p a r a g r a p h (k) of section two
h u n d r e d and seventy-seven. (f)
(f)
by inserting after subsection three of section two h u n d r e d and fifty a new subsection as follows :—
(3A) The council m a y prohib i t heavy traffic
from us ing ear th formations on roads not less
than two chains in wid th where clear side
t r acks have been m a d e avai lable . ( g )
(i)
by inserting at the end of subsection three of section 251A the words :—
A by-pass may be cons t ruc ted ei ther by building, a r a m p to enable motor vehicles to be dr iven over t he top of t he fence or by way of a pit d u g in or alongside t h e road and covered with an open gri l le so as to enable motor vehicles to pass over it , b u t to be an obstacle to t he passage of an imals .
(ii) by inserting at the end of subsection seven of t he same section t he following :—
A n y person who drives over a by-pass any vehicle of which the we igh t toge ther wi th the loading the reon exceeds the we igh t specified in t he not ice shall be liable to a pena l ty not exceeding fifty pounds , a n d in addi t ion shall be liable in damages for t he cost of effecting any necessary repai rs to t h e by-pass occasioned by such use and for any in ju ry sustained by any person before such repairs a re effected.
(iii) by inserting at the end of the same section t he following new subsect ions :—
(13; The person by whom a by-pass is
erec ted in pu r suance of th is section shal l no t be liable for any d a m a g e susta ined by reason of t he by-pass unless it is shown t h a t such person has been neg l igen t w i t h respect to the erect ion, ma in t enance , or repair of t he by-pass or not ice boards, or in t h e ca r ry ing o u t of any provision of th is sect ion. The pro tec t ion afforded by th is sub-
section shall ex tend to t he successor in
t i t le of the person by w h o m the by-pass
was
was erected, a n d such successor shall be liable only in respect of any damage susta ined by reason of some neglect , act , or omission of his own in respect of the repai r or condit ion of the-by-pass or not ice boards, or in ca r ry ing out any r equ i remen t
of t he counci l .
(14) The counci l at whose r equ i re -
m e n t or by whose permission a by-pass is erected in pur suance of th i s section shal l no t be liable for any damage sustained unless it is shown t h a t the council has been neg l igen t in some regard in connec t ion wi th t he by-pass.
(h.) by inser t ing after subsection seven of section two hund red and s ix ty- two the following new subsec t ions :—
(8) W h e r e land is acqui red by the real ign m e n t me thod the council may lease the whole or any pa r t of such land to any landowner from whom t h e l and is acquired or his sequels in t i t le, for n o t more t h a n ten years a t any one t i m e and subject to such conditions and reservat ions as the council may decide, a t an a n n u a l r en t a l not exceeding ten per c e n t u m of
t h e compensat ion . (9) The lessee of such land may erect there on a t his own expense a bu i ld ing not exceeding one storey in he ight , or o the r improvements of such mater ia l s and to such design as are
approved by the council .
The counci l shal l not requi re such s t ruc tu re
to be erected of br ick, s tone, concrete or o the r l ike mater ia ls of a p e r m a n e n t na tu re , any bui ld ing ordinances or regula t ions for t h e
t ime be ing in force no twi ths tand ing . (10) All bui ld ings or other improvements so erected by the lessee shal l r emain t he proper ty of the lessee and shall be removed by h im immedia te ly upon or pr ior to t he de termina t ion of t h e lease.
(11)
(11) N o compensat ion shall be paid in respec t of any in jury , d a m a g e or d i s tu rbance ar is ing from the re -en t ry by the council in to posses sion of t he land upon t h e expirat ion or deter mina t ion of the lease.
(i) by inser t ing a t t he end of pa rag raph (j) of section two h u n d r e d and seventy-seven the words " or which by l imi t ing the field of vision of t h e dr iver of a motor or o ther vehicle are l ikely to create danger to t r a f f i c " ; (ii) by omitting from the same section the word " and " fol lowing pa rag raph (s) ;
(iii) by inserting at the end of the same section t h e following new pa rag raphs :—
(u)
preventing damage to public roads, a n d the doing of th ings l ikely to
injure publ ic r o a d s ;
(v) r egu la t i ng t he weigh t of vehicles
l ikely to in jure pub l i c roads and t h e loads on such vehicles ;
(w) r egu la t ing t he use of vehicles l ikely to in jure publ ic roads ;
(x) the weighing of vehicles and loads, t he es t imat ion of weight according to a prescr ibed scale for var ious classes of goods, t h e r equ i r ing of vehicles and loads to be t aken to a publ ic weighbr idge for weigh ing , and t h e
m a r k i n g of weight on t he veh ic l e s ;
(y) res t r ic t ing traffic or any specified
class of traffic to protec t publ ic roads
from i n j u r y ; and
(z) r egu la t i ng a n d p e r m i t t i n g t he erec
t ion on publ ic roads in r e tu rn for
adver t i s ing concessions of h i g h w a y l igh thouses or beacons ;
(j) by inser t ing a t t he end of section t w o
h u n d r e d and e ighty-one t h e following new p a r a g r a p h : —
(o)
requ i re t h a t a dwel l ing shal l be provided w i t h adequa t e stove or o ther facilities for cooking.
(k)
(k)
by inserting at the end of subsection two of section two hund red and n ine ty- four the fol
lowing new p a r a g r a p h : —
(b) The provisions of P a r t V I of the Pub l i c H e a l t h Act , 1902, shall app ly and shall be deemed as from the commencemen t of t he Local Gove rnmen t Act , 1906, to have applied in any area adminis tered by the counci l of a shire ;
(1) by inser t ing a t the end of section th ree hund red and three the following new sub- section :—
(2) I n a n y such ordinance special provision wi th respect to any or all t he ma t t e r s men- t ioned in this P a r t may be made for and in respect of any specified class or classes of premises , and any such ordinance may provide special condit ions to be observed for the promo- t ion and perservat ion of publ ic hea l th , safety, and convenience in or upon or in respect of any specified class or classes of premises .
(m)
by inser t ing at the end of section th ree h u n d r e d and four the following new definition :—
" S t r u c t u r e " includes a wireless aerial mas t or post visible from any publ ic
place or public reserve,
(n)
by inser t ing a t t h e end of section three hund red and e ight the following new subsec t ion :—
(5) No twi ths t and ing the foregoing provi
sions of th is section a bu i ld ing the front elevation of which is to face a publ ic road a n d which is to be erected h a v i n g regard to t h e bui ld ing line of t h a t road may , if t he council approve, be erected, w i t h o u t regard to t he bui ld ing line of any other publ ic road.
(o) by inserting at the end of subsection one of
section th ree h u n d r e d and nine the following
new p a r a g r a p h s : —
(f)
prohibit the erection or use in the distr ict of any bu i ld ing for t he purpose of a residential fiat :
Provided
Provided t h a t th i s shal l not apply to a res ident ia l flat bui ld ing which has been erected or t h e erection of which has been approved by the council before
t h e da te of t h e proc lamat ion .
(g) p roh ib i t t h e use in t he dis t r ic t of any
land for t h e purposes of a n y t r ade , business , avocat ion or ca l l ing described in t h e proclamat ion .
9. T h e Pr inc ipa l A c t is fu r ther amende d by inser t
i n g a t t h e end of subsection one of section th ree hund red
and n ine t he following new subsect ions :—
(1A) A n y provision inser ted in a p roc lamat ion
in p u r s u a n c e of t h e powers conferred by pa rag raphs(c), (d) or (g) of subsect ion one of th i s section
m a y a p p l y —
(a) generally to all or any trades, industries, manufac tu res , shops, and places of publ ic a m u s e m e n t ; (b)
par t i cu la r ly to the t rades , indust r ies , m a n u -
tu res , shops, and places of pub l i c a m u s e m e n t men t ioned in t h e proclamat ion ;
(c)
to al l t rades , indus t r ies , m a n u f a c t u r e s ,
shops, and places of publ ic a m u s e m e n t o the r
t h a n those ment ioned in t he proc lamat ion .
(1B) Subsect ion (1A) of th i s section shall be deemed to have been in force since t he commence m e n t of this Ac t , b u t shal l n o t opera te so as to affect any proceeding wh ich has been commenced
prior to t he pass ing of t h e Loca l G o v e r n m e n t ( A m e n d m e n t ) Ac t , 1928, or t he ca r ry ing on of a n y t r ade or i n d u s t r y t h e sub j ec t -ma t t e r of a n y such proceeding.
(3) (a) W h e r e an appl icat ion is m a d e by t h e
counci l to t he Governor u n d e r th is section t h e
Min i s t e r shall give t h e prescr ibed notice of t h e proposal.
(b) W i t h i n t h e t ime fixed in such not ice
object ion to t h e proposal m a y be lodged by any
person in teres ted .
(c)
(c) The Minister may, if in his opinion the circumstances warrant, refer the proposal to a person appointed by him for inquiry and report.
(d) After considering any objections received to the proposal or the report of the officer appointed to hold the inquiry, if any, the Minister may submit the proposal to the Governor for decision.
1 0 . The Principal Act is further amended—
(a) by inserting after section three hundred and seventeen a new section as follows :— 317A. (1) Any person may at any time apply for a certificate to the effect that in the opinion of the council a building in all respects complies with the Act, the ordinances and the plans and specifications approved by the council or if there has been any contravention of the Act or ordinances or any departure from the approved plans and specifications that such contravention or departure is not such as need be rectified.
(2) Application for the certificate shall be made in writing and shall state the name and address of the applicant, and the particulars of the building in respect of which the certificate is required.
(3) The council shall, upon payment of the prescribed fee, as soon as practicable furnish such certificate to the applicant, if the building in its opinion complies with the Act, the ordinances, and the plans and specifications
any contravention of the provisions of the Act approved by the council, or if, in its opinion, or ordinances or any departure from the ap proved plans and specifications is not such as need be rectified.
(4) The production of the certificate shall for all purposes be deemed conclusive evidence in favour of a bona fide purchaser for value that at the date thereof the building complied with the requirements of the Act and ordinances.
(b)
by inserting- in section three hundred and thirty-three next after paragraph (h) the following new paragraph :—
(i) whether the land has been declared unsuitable for building upon under the provisions of the Public Health Act, 1C02.
(c) (i) by omitting from paragraph (d) of section
three hundred and fifty-eight the word
" a n d " ; (ii) by inserting at the end of the same section a new paragraph as follows:—
(f) associations, institutes, and clubs for returned sailors and soldiers.
(d) (i) by omitting from section three hundred and sixty the word " or " ;
(ii) by inserting in the same section after the word " museum" the words "or association, institute, or club " ;
(e) by omitting the words "where no capital debt due to Government " from the short heading of subsection three of section three hundred and seventy-eight. (f) (i) by omitting from the heading of subsection five of section three hundred and seventy- nine the words "water rate." and inserting in lieu thereof the words " water and sewerage rates " ;
(ii) by omitting at the end of the same subsec tion the words " Any such exemption may
be revoked or altered by the council" ; (iii) by inserting after the same subsection the following new subsection :— (5A) The council may exempt from the
payment of sewerage local rates any public
hospital or public charitable institution.(iv) by omitting the heading of subsection six of the same section ; (v) by omitting from subsection six of the same section the words " and may revoke or alter any exemption so granted " ;
(vi)
(vi) by inserting after subsection seven of the same section a new subsection as follows :—
(8) Any exemptions made under this section may be revoked or altered by the council.
(g) by inserting after section three hundred and ninety-eight a new section as follows :— 398A. If in the opinion of the council any drainage reserve vested in it in pursuance of the last preceding section is no longer re quired for the purpose of a drainage reserve, the council may, with the approval of the Governor, sell it, and by appropriate transfer or conveyance vest it in the purchaser for an estate of inheritance in fee simple in posses sion free from encumbrances.
(h) by omitting from subsection one of section four hundred the words " out of the Public Works Fund," and by inserting in lieu thereof the words " out of moneys provided by
Par l iament" ; (i) by omitting from subsection one of section four hundred and thirty-two the words " or bull," and by inserting after the words " o n e year " the words " or bull above the age of eight months " ;
(J) (i) by omitting subsection three of section four
hundred and thirty-six and by inserting the
following subsection in lieu thereof :— (3) The circumstances under which an animal may be sold and the method of sale shall be as prescribed. The proceeds arising from the sale shall be applied first to payment of pound fees, the charges and expenses of public notices, and the charges for sustenance, and then to payment of damage or deterrentf fees and driving charges. The balance, if any, shall, subject to sub- section five of this section, be paid to the General Fund of the council.
(ii)
(ii) by omitting from subsection five of the same section the words " on request pay such sur- plus to the owner of the animal," and by in- serting in lieu thereof the words " on request made within twelve months after the sale, pay to the owner of the animal such surplus less ten per centum " ;
(k) by inserting in subsection one of section four hundred and thirty-seven after the words " selling it " the words " or that the value of
the animal is such that the proceeds of its sale would not pay the sustenance and other fees and charges."
1 1 . The Principal Act is further amended—
(a) by omitting from paragraph (b) of subsection three of section four hundred and ninety-three the words " by the said board in respect of such water mains, sewers, and works" and by inserting in lieu thereof the words " b y the Board concerned in respect of such water mains, sewers, and works, or pay the sum out of the General Fund " ;
(b) by inserting after subsection two of section four hundred and ninety-four the following new subsection :— (3) The council may construct and operate
" f ly ing- fox" gear and like appliances over a
river or watercourse for the conveyance of
passengers and produce. (c) by inserting after section four hundred and ninety-four a new section as follows :— 494A. The council with the approval of the Governor and subject to such conditions as he may impose may carry out dredging in tidal waters and reclaim areas in tidal waters.
(d) by inserting after section four hundred and ninety-five a new section as follows :— 495A. (1) In any municipality or in any urban area, town, or village in a shire the council may serve on the owner of any land notice requiring him within a reasonable
period,
period, not less than one month, stated in the notice, to remove undergrowth which is a harborage for rubbish or vermin or a dangerous menace from fire.
(2) 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 dis- cretion 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 section five hundred and two a new section as follows :— 502A. The council may contribute from the General Fund towards the erection by the Railway Commissioner's for New South Wales
of railway platforms.
(f) (i) by inserting after paragraph (c) of sub- seven the following new paragraphs :— section two of section five hundred and (d) The council may also attach to or endorse upon any license conditions respecting the fares to be charged for journeys terminating within or beyond the boundaries of the area.
(e) The council may during the term of a license alter any such conditions as to time-tables, time of journey, route or fares
by notice in the prescribed form to the
holder of the license, and endorse any suchalteration upon the license.
(ii)
(ii) by inserting at the end of subsection three of the same section the following words :— " A council may suspend or cancel a license if any of the conditions attached thereto or endorsed thereupon be not complied with, and in particular any condition as to the charging of a higher or lower fare than that fixed by the council in respect of the journey " ;
(g) (i) by omitting from subsection four of section five hundred and nine the words " duly trained " and by inserting in lieu thereof the word " registered " ;
(ii) by omitting from the same subsection the words " approved of by the Minis ter" ;
(h) by inserting after subsection four of section five hundred and seventeen the following new subsection :—
(5) Subsection two of this section shall not apply in respect of a contract for the purchase of land for any purpose of the council.
(i) by inserting after subsection four of section five hundred and nineteen the following new subsections:—
(5) The council may with the approval of the Governor grant a lease of any land or building or other real or personal property of the council for any term less than twenty- one years for which tenders were called and accepted prior to the commencement of the
Local Government (Amendment) Act, 1927, upon the terms and conditions of such tenders.
(6) Any agreement to lease any land or build
ing or any other real or personal property of the
council which was entered into by the council
prior to the commencement of the Local
Government (Amendment) Act, 1927, shall
not be invalidated or be deemed to have been
invalidated by the amendment of this section
made by that Act and all rights and liabilities
acquired and incurred under any such agree
ment prior to such amendment may be enforced,
realised upon, and prosecuted as if that Act had
not been passed. (j)
(j)
by inserting in subsection one of section five hundred and twenty-two after the words " l ight ing such public road" the words "or the carrying out of any work or service in respect of such road " ;
(k)
by inserting in paragraph (a) of subsection two of section five hundred and twenty-four after the word " a v e n u e " the words " l a n d under crop or fallow " ;
(1) by inserting after section five hundred and forty-nine the following new section :—
549A. The Governor may if in his opinion circumstances have arisen rendering it advis able so to do and in accordance with pro cedure which may be prescribed by ordi nance, by proclamation remove all the members of an urban committee from office, order that the urban committee shall be abolished, and make such further orders as in the circum stances he may deem necessary.
(m) (i) by inserting at the end of subsection three of section five hundred and fifty the words " and may be expended by the urban committee only for the purposes for which such rate is levied " ;
(ii) by omitfing subsections four and five of the same subsection;
(n)
by inserting at the end of paragraph (f) of subsection one of section five hundred and fifty-five the following words " or their wives'
or husbands' relations " ;
(o) (i) by omitting from subsection nine of section five hundred and sixty-two the words " upon a date," and inserting in lieu thereof the words "in the prescribed manner within a time " ;
(ii) by omitting from subsection ten of the same section the words " at the prescribed time," and inserting the words "wi th in the prescribed time " ;
(iii) by omitting the proviso to the same subsection;
(p)
(p) (i) by inserting in subsection three of section five hundred and sixty-three after the word " meetings " the following words : " at which he is present" ;
(ii) by omitting paragraphs (a), (b), (c), and (d) of subsection three of section five hundred and sixty-three and by inserting in lieu thereof the following new para- graphs :—
(a)
annually at the first meeting of the county council in any year ;
(b) on the occurrence of a vacancy at
" the next meeting of the county
council after such occurrence ;
(iii) by omitting from subsection four of the same section the word " within " and by inserting in lieu thereof the word " a t " ;
(iv) by omitting subsection eight of the same section.
(q)
by inserting at the end of section one hundred and forty-two the following new subsection :—
(9) A rate-book may be constituted of a series
of cards or loose leaves in the prescribed form.(r)
by inserting at the end of subsection two of section six hundred the following words : " or if the entry is on a card or loose-leaf unless it is shown by an affidavit by the clerk that the card or loose-leaf is part of a series of entries which are covered by a certificate of total rates levied which has been sealed with the seal of the council and signed by the mayor or
president and countersigned by the clerk." 1 2 . The Principal Act is amended—
(a) by omitting the definition of " lease in relation, to Crown lands" from section four and by insert- ing the following definition in lieu thereof : — " Lease " in relation to Crown lands or land within a State Forest, includes a license or permit.
(b) (i) by omitting from subsection one of section one hundred and forty-one the words " or permit " wherever occurring;
(ii)
(ii) by omitting from subsection two of the same section the words " In this subsection ' lessee' includes the holder of a permit, and ' lease ' has a corresponding meaning."
1 3 . The Principal Act is amended by omitting section five hundred and thirty-nine and by inserting in lieu thereof the following new section :—
539. (1) The Minister for Public Works may, at the request of the Minister, erect, construct, or carry out for a council any works necessary or convenient in connection with any works or under takings which the council might lawfully erect, construct, or carry out.
(2) The Minister may, from moneys pro vided by Parliament for the purpose, make advances to councils for the erection, construction, or carry- ing out of works or undertakings.
(3) Before any such work or undertaking is erected, constructed, or carried out, or any such advance is made, the Minister may require the council to enter into a contract conditioned to secure the payment by it of yearly or half-yearly instalments for defraying—
(a) the cost of the work or undertaking or the refund of the money advanced or a portion of such cost or money ; and (b) the due date there shall be added thereto a sum interest on such cost or money at such rate (4) If any such instalment be not paid on
equal to ten per centum thereof; and such instal ment, together with such additional sum, may be recovered by the Minister. The Minister may on cause shown remit part or the whole of such additional charge in respect of any past or future contract entered into under this section.
(5) The provisions of this or any other Act relating to moneys borrowed or contracts entered into by councils shall not apply to advances or contracts made under this section.
o (6) (6) "Where the Governor is satisfied that the council cannot both maintain any work or under taking erected, constructed, or carried out by the Minister for Public Works for the council under the provisions of this section or any work or under taking erected, constructed, or carried out by the council with an advance or advances under the provisions of this section and pay such instalment as aforesaid, he may, in his discretion, from time to time notify that the payment of such instalment is postponed, or that such instalment is reduced for a stated period of years to a sum stated in the notification.
(7) For the purpose of this section council
includes County Council.
1 4 . The Principal Act is further amended—
(a) by omitting from paragraphs (a) and (b) of subsection one of section eight of Schedule Three the words " three years " and inserting in lieu thereof the words " six years " ; (b) (i) by omitting from paragraph (b) of subsec- tion two of section eighteen of the same Schedule the words " a n d with the Regis- trar of the Valuation Court " ;
(ii) by inserting after subsection two of the same section a new subsection as follows :—
(2A) The clerk shall forthwith forward the objection to the Registrar of the Valuation Court.
1 5 . A contravention of any provision relating to the subdivision of land contained in the Local Govern
ment Act, 1906, or any amendment thereof or anyordinance made under that Act or any amendment thereof shall not be deemed to have invalidated any instrument intended to affect or evidence the title to any land.
1 6 . (1) The proclamation respecting the Nowra "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.
(2)
(2) The postponement by the Minister for Public Works until the thirty-first day of December, one thousand nine hundred and twenty-nine, of the due date for the payment by the council of the municipality of Moama of its annual instalment of one hundred and twenty-two pounds in liquidation of the debt owing by the said council to the Colonial Treasurer in respect of its works of water supply and fixed under the Country Towns Water and Sewerage (Reduction of Debts) Act, 1922, is hereby ratified.
(3) The securities given by the Rylstone shire council during the year one thousand nine hundred and twenty-six, to secure the repayment of the respective sums of three thousand two hundred and sixty pounds and four thousand two hundred and forty pounds borrowed for the purpose of establishing electricity supply undertakings in the Kandos urban area and in the town of Rylstone respectively, are hereby validated.
(4) The action of the Young municipal council during the year one thousand nine hundred and twenty- eight in borrowing by way of limited overdraft in respect of the electricity works trading fund an amount of two thousand five hundred pounds in excess of the limit authorised by the Minister, is hereby validated.
(5) The rates and charges for water and for excess water made and levied by the council of the Municipality of Wagga Wagga under the provisions of the Principal Act by virtue of by-laws made under the Country Towns Water and Sewerage Act of 1SS0, and
| by virtue of a resolution passed by the council in the | year 1927 and under a subsequent amendment of such |
| resolution shall be deemed to have been duly made and levied and are hereby validated. |
INCOME
0
0
0