Local Government (Amendment) Act 1945 (NSW)

LOCAL GOVERNMENT (AMENDMENT) ACT.

Act No. 19, 1945.

An Act to amend the Local Government Act,

1919, the Sydney Corporation Act, 1932,

and certain other Acts in certain respects; to validate certain matters; and for pur­ poses connected therewith. [Assented to, 5th April, 1945.]

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis­	Wales in Parliament assembled, and by the authority of
the same, as follows :—

PART I.

PRELIMINARY.

1 . This Act may be cited as the. "Local Government

(Amendment) Act, 1945."

2 . This Act is divided into Par ts as follows:—

PART I.—PRELIMINARY—ss. 1-2.
PART II.—AMENDMENTS OF LOCAL GOVERNMENT ACT,

1919—ss. 3-26.

PART III.—MISCELLANEOUS—ss. 27-33.

SCHEDULES.

PART II .

(a)	by inserting in section four in the definition of " B y or under" next after the words " B y or under" the words " o r 'under ' " ;
(b)

AMENDMENTS OF LOCAL GOVERNMENT ACT, 1919.

3 . The Local Government Act, 1919, as amended by

subsequent Acts, is in this Par t referred to as the
Principal Act.

4 .     (1) Par t I of the Principal Act is amended—

(b) (i) by inserting in the same section in the defini­ tion of "C le rk" next after the words " o r 'council clerk' " the words " o r 'county c l e r k ' " ;

(ii)   by inserting at the end of the same defini­ tion the words "o r county district as the case may b e " ;

(c)	by inserting in the same section after the word " p e r m i t " in the second definition of " L e a s e " the words "and a tenement under the Mining Act, 1906, as amended by subsequent Acts, shall be deemed for the purposes of this Act to be held under a lease by the person in lawful occupation of the tenement under a miner's right or busi­ ness license";
(d)	by inserting in the same section at the end of the definition of "Lessee" the words "and a person in lawful occupation under a miner's right or business license of a tenement under the Mining Act, 1906, as amended by subsequent Acts, shall be deemed to be a lessee for the purposes of this Act ."

(2) Par t I I of the Principal Act is amended by inserting at the end of subsection two of section eleven the following paragraph :—

Where a municipality is constituted by the union of area's or parts "of areas or the boundaries of a municipality are altered by the addition to it of part of another area, the municipality shall be deemed to comply with the requirements of paragraphs (a) and (b) of this subsection if, during the period of five

years referred to in those paragraphs, the average	population and gross income prescribed by those
paragraphs were contained and earned in and in respect of the areas or parts of areas of which the municipality is so constituted or which are comprised in the municipality as the case may be.

5 . Par t I I I of the Principal Act is amended—

(a) by omitting the proviso to paragraph (b) of section sixteen;

(b)

(b) (i) by omitting subsection five of section nine­

teen;

(ii)  by omitting from subsection six of the same section the words " o r if the decision of such poll be in the affirmative";

(c) by inserting next after section 20B the following new section:—

20c. (1) Where under section sixteen of this Act a new area is constituted or the boundaries of an area are altered, every person who imme­ diately before the day of such constitution or alteration was a servant of the council of any area affected and who was wholly or principally employed on or in connection with any work, trading undertaking, right, power, authority, duty, obligation, or function which becomes transferred to, vested in, exercisable by or con­ ferred or imposed upon the council of the new area or of another area, shall on such day (sub­ ject to any agreement which may be entered into between the council of the area affected, the council of such new or other area and the servant)—

(a)	be transferred to the service of the council of such new or other area; and
(b)	become a servant of the council of such new or other area; and
(c)	be paid salary or wages not less than at the rate at which he was employed

immediately before such day until such

salary or wages is or are varied or altered by the council of such new or other area: Provided that such salary or wages shall not be reduced for a period of at least two years from date of such transfer; and

(d) be deemed to have been appointed and employed by the council of such new or other area under the provisions of this Act.

The

The person so transferred shall on and from such day until otherwise directed by the council of such new or other area continue to perform the duties which attached to his employment immediately before such day.

(2) Where any condition of employment of any person so transferred to the council of such new or other area is at the date of his transfer regulated by an award or industrial agreement, such condition shall continue to be so regulated until an award regulating such condition and binding the council of such new or other area is made by a competent tribunal, or such condition is regulated by an industrial agreement to which the council of such new or other area is a party.

(3) The period of service with the council of one or more municipalities, shires or county districts under this Act of any person so transferred shall upon such transfer be counted as service with the council of such new or other area for the purposes of this or any other Act or of any ordinance, regulation or by­ law or of the terms and conditions of any staff agreement or of any award or agreement made under the Industrial Arbitration Act, 1940, as amended by subsequent Acts.

(4) The transfer of any person under
this section shall not affect any right to leave

(including long service leave) of absence accrued

prior to such transfer.

( 5 ) If any person transferred under this

section, within a period of twelve months from the date of his transfer, resigns his position with the council of such new or other area, except in anticipation of termination of his employment for misconduct, or if the employment of any person transferred under this section is ter­ minated by the council of such new or other area otherwise than for misconduct within a period of two years from the date of his transfer, the

council

council of such new or other area shall grant to him a gratuity equivalent to the amount of four weeks' salary or wages for each year of service, such salary or wages being reckoned at the rate subsisting at the date of his transfer.

This subsection shall apply only to a person who has been employed continuously by the council of any one or more municipalities, shires or county districts under this Act for a period of not less than one year immediately preceding the day of his transfer to the service of the council of such new or other area.

(6) Where a person who is transferred under this section was engaged by the council of an area affected under a subsisting contract of service which provides for payment of compen­ sation in the event of the termination of his employment, and the employment of such person is, before the expiration of the period of the con­ tract, terminated by the council of such new or other area otherwise than in accordance with the terms of such contract the council of such new or other area shall pay to such person the amount of compensation provided for in the con­ tract, and if the amount of such compensation be less than the amount that would be payable to such person under subsection five of this section, shall also pay to him a gratuity equiva­ lent to the difference.

A person who is entitled to receive any com­

pensation or compensation and gratuity under

this subsection shall not be deemed entitled to receive a gratuity under subsection five of this section.

(7) The provisions of the Local Gov­ ernment (Superannuation) Act, 1927, as amended by subsequent Acts, shall continue to apply to and in respect of any person trans­ ferred under this section in like manner and to the same extent as the said Act would have applied if this section had not been enacted.

(8)

(8) A servant of the council who at the time of the constitution of a new area or the alteration of an area is engaged on war service as defined in the Defence Act 1903 of the Parliament of the Commonwealth of Australia, as amended by subsequent Acts, shall for the purposes of this section be deemed to be still in the employ of the council and his war service as well as his service with the council shall be counted as service with the council for the purposes referred to in subsection three of this section, and he shall be deemed to have been employed continuously by the council for the purposes of subsection five of this section.

(d) by inserting at the end of paragraph (k) of sub­ section one of section twenty-one the following proviso:—

Provided that if any member of the pro­ visional council so appointed—

(i) dies;

(ii)   resigns his office by writing under his

hand addressed to the Governor

through the Minister;

(iii) is removed from office by the Governor;

(iv)   becomes bankrupt, compounds with his creditors or makes an assignment of his estate for their benefit;

(v)   is convicted of a felony or indictable

misdemeanour;

(vi) becomes an insane person or patient or an incapable person within the mean­ ing of the Lunacy Act of 1898;

(vii) declines office;

(viii)   is absent without the leave of the coun­ cil from four consecutive ordinary meetings of the council;

the office of any such member shall become vacant and the Governor may by proclamation appoint a person to fill the vacant office.

E 6 .

6.  Part IV of the Principal Act is amended—

(a) by inserting at the end of subsection three of section twenty-four the following words:—

"Provided that in any special case where, after inquiry, he deems it advisable so to do, the Governor may fix a number exceeding nine."

(b) (i) by omitting from paragraph (b) of subsec­ tion one of section twenty-eight the words "passed beforehand";

(ii)   by omitting from paragraph (c) of the same subsection the words "passed beforehand b y " and by inserting in lieu thereof the

word "of" ;

(iii)   by omitting from the proviso to paragraph (d) of the same subsection the words "one member" and by inserting in lieu thereof the words " two members";

(c) by inserting at the end of section thirty-one the following new subsection :—

(4) If the defendant, in any prosecution for an offence against this section, satisfies the court that the facts and circumstances giving rise to the disqualification in respect of which the pro­ secution is taken are of a trifling character, and that the acts which gave rise to that disqualifica­ tion were done in good faith and without know­ ledge that he would incur such disqualification by

doing those acts, the court—

(a) may dismiss the case; or

(b) may proceed to convict such person, and may declare that all or any of the provisions of paragraphs (a), (b) and (c) of subsection three of this section shall not apply to or in respect of the person so convicted.

Any declaration made by a court under para­ graph (b) of this subsection shall have effect according to its tenor.

(d)

(d )	by inser t ing a t the end of section th i r ty-four	the
following new subsection:—

(2) The mayor or pres ident in office immedi­ ately before the t r iennia l o rd ina ry election may if re-elected as a lderman or councillor continue in office as mayor or pres ident unti l his successor is elected or appointed.

(e) by inserting next after subsection three of sec­ t ion forty-four the following new subsection:—

(3A) If in proceedings for ouster taken on a ground ment ioned in p a r a g r a p h (b) of subsec­ t ion one of section for ty- three of this Act, the person concerned satisfies the cour t or judge tha t the facts and circumstances giving r ise to the disqualification in respect of which the pro­ ceedings for ouster a re taken a re of a trifling character , and tha t the acts which gave r ise to t ha t disqualification were done in good faith and without knowledge tha t he would incur such disqualification by doing those acts , the court or judge may discharge the rule or order and may, if satisfied tha t in the circumstances of the case it is reasonable so to do, declare tha t the person concerned shall be freed of the disquali­ fication in respect of which the proceedings for ouster were taken.

Any declarat ion made by a court or judge pur­ suant to this subsection shall have effect accord­ ing to its tenor.

1. P a r t V I of the Pr inc ipa l Act is amended—

(a) by inserting next after section 90A the following new section:—

90B. (1) Subject to this Act, where;, on and af ter a date to be proclaimed, a vacancy occurs in any a rea in the position of the se rvant having the pr incipal oversight of the gas t r ad ing under­ tak ing or under tak ings of the council, the council shall employ in tha t posi t ion a person who shall hold a certificate as prescribed.

(2)

(2) Subject to the approva l of the Min­ ister , any person holding the prescr ibed cert i ­ ficate may be appoin ted as the person to h a v e the pr incipal oversight of the gas t r ad ing under­ takings of two or more councils.

(3) F o r the purposes of this section " c o u n c i l " shall include a county council and	a n
u rban	committee. (4) The provis ions of section eighty-

two of the Gas and Electr ic i ty Act, 1935, as- amended by subequent Acts,, shall not apply to* or in respect of a council.

(5) Ordinances may be made prescr ib­ ing the conditions under which certificates m a y be issued for the purposes of this section.

(b) (i) by inser t ing a t the end of subsection one of

section ninety-nine the following words :—

" T h i s section shall also app ly to all s e rvan t s of a council ( including the Sydney County Council) who have had a t least one y e a r ' s continuous service with the council ." '

(ii)   by omitting subsection six of the same sec­ tion and by inser t ing in lieu thereof t h e following subsection:—

(6) (a) . The person holding the inquiry shall make a r epor t in wri t ing.

(b) The original of the repor t shall be furnished by him to the council, a n d copies of the r epor t shall 1 a t the same t i m e be furnished by him to the Minis ter and the servant respectively.

(c) The repor t shall be road in open

council.

(iii)   by inserting next after subsection eleven of the same section the following new subsec­ tion :—

(11A) (a) In. any case where the council decides to t e rmina te the services of t he servant notwi ths tanding tha t the r epor t of the person holding the inqui ry is substan­ tially favourable to the servant , the Minis­ ter, on the appl icat ion of the se rvan t m a d e

within

within fourteen days af ter te rminat ion of h i s services, may, af ter such inquiry as he deems sufficient, direct the council to p a y to the se rvant as from the date of terminat ion of his services compensat ion not exceeding an amount equivalent to the amount of four weeks ' sa lary or wages for each yea r of service, such sa la ry or wages being reckoned on the average of the weekly sa lary or wages pa id to him dur ing the fifty-two weeks immediately preceding the date upon which the inqui ry was ordered or the date of his suspension as the case may be.

(b) The council shall pay to the servant the amount of compensat ion as directed by the Minister , and if the council fails to do so the servant may recover the amount as a debt due to him by the council.

8.     P a r t V I I of the Pr inc ipa l Act is amended—

(a)	by omitting section one hundred and twenty- three .
(b)	by omitting the proviso to subsection two of section one hundred and thir ty-nine and by inser t ing in lieu thereof the following proviso :—

Provided tha t the liability of any person for r a t e s shall not be affected by reason only of the fact tha t notice has not been given to such person within the year in which the r a t e is made.

This proviso shall have effect as if it had been

inser ted in this Act on the first day of J a n u a r y ,
one thousand nine hundred and thir ty-six.

(c)

by inserting at the end of subsection one of sec­ tion one hundred and sixty the words " inc lud ing any amount due or payable or which will become due or payable under subsection one of section two hundred and for ty- three or under section two hundred and forty-four of this Act for work carr ied out before the da te of such cer t i f ica te" ;

(d)

(d) by inserting next after section one hundred and sixty the following new sect ions:—

160A. (1) W h e r e r a t e s and amounts recover­

able as r a t e s are due and in a r r e a r s in respect of land the council may accept a t r ans fe r of the land in full sat isfaction of all sums due and in a r r e a r s in respect of the said land.

(2) (a) An owner who proposes to t rans fe r land to the council under this section shall make appl icat ion to the council in the manner and form prescribed.

(b) The applicat ion shall contain

such informat ion	and par t i cu la r s as a re	pre­
scribed.

(c) The council shall not make any decision in relat ion to any such application, unless a t least th i r ty days have elapsed after the applicat ion has been placed before a meet ing of the council.

160B. The council may wr i te off or reduce ra tes and extra charges on overdue ra tes due by any person who is in receipt of a pension under the Inval id and Old-age Pens ions Act 1908 as amended by subsequent Acts of the Pa r l i amen t

of the Commonwealth of Aus t ra l ia .

(e) by omitting section one hundred and sixty-three and by inser t ing in lieu thereof the following section:—

163. (1) Subject to this section—

(a)	the ratable person and the transferee in any case where the ra table person t rans fe r s his es ta te or in teres t in
ra table l and ;
(b)	the mortgagee of ratable land in any case where under the mor tgage he enters into possession of the land;
(c)	the t rus tee executor or admin i s t r a to r of the es ta te or in teres t in ra table land of a deceased person,

shall

shall within one month of such t ransfer , entry into possession, g r a n t of p roba te of will or of le t ters of adminis t ra t ion , as the case may require , give notice thereof to the council.

(2) Subject to p a r a g r a p h (b) of sub­

section one of this section it shall not be neces­ sa ry under this section to give notice of any mor tgage no r of the discharge of any mortgage .

(f) (i) by omit t ing from subsection one of section

one hundred and seventy-seven p a r a g r a p h s

( g l ) , ( g 2 ) , (g3) , and (g4) , and by inser t ing

in lieu thereof the following p a r a g r a p h s —

( g l ) the establishment, acquisition, erec­ tion, construct ion or ca r ry ing out of works of water supply, electri­ city supply, gas supply, sewerage, d ra inage or s to rmwate r channels, and works connected therewi th and the purchase of necessary machinery and equipment for such

pu rposes ; or

(g2) enabling or ass is t ing the council to exercise the powers and author i t ies conferred on it by section four hundred and ninety-six or section 496A of this Ac t ; or

(g3) any work or service or any object which the council is author ised by law to erect, construct, c a r ry out, or effect; or

(g4) provid ing controll ing and manag­

ing works and services for or in	connection with public heal th and
nat ional fi tness; or

(ii)   by omitting subsections two, three, four and five of the same section and by inser t ing in lieu thereof the following subsect ions:—

(2) The approval of the Governor of an o rd ina ry loan for any of the purposes mentioned in p a r a g r a p h (g3) of subsection one of this section shall not be given unless the Minis ter by notice published in the

Gazette

Gazette has indicated t ha t the purpose is one i n respect of which a supplementary advance will be made under section five hundred and thir ty-nine of this Act.

(3) The approva l of ;the Governor of an o rd ina ry loan for any of the purposes

ment ioned in p a r a g r a p h (g3) of subsection one of this section shall, for ;the purposes of any securi ty in respect of t ha t loan, be con­ clusive evidence t ha t the council is au thor ised to borrow the amount mentioned

in the ins t rument of a p p r o v a l ;

(g)	by omit t ing section 177B;
(h)	by inserting next after section 181c the follow­ ing new sect ion:—

181D. (1) This section shall app ly to the council of any a rea to which the Governor by proclamat ion has declared tha t it shall apply.

(2) A proclamat ion unde r subsection

one of this section shall not be issued in respect

of any a r ea unless—

(a)	the area has had, during the period of five yea r s next preceding the proclama­ tion, an average populat ion of a t least
ten thousand p e r s o n s ; and
(b)	the average annual gross income of the council of the a rea from all sources

dur ing the said period has been a t least

one hundred thousand pounds.

(3) (a) The limit of bor rowing appl ied
by this Act to the council of an a r ea shall no t

apply to the council of an a rea to which this

section applies .

(b) Any loan r a t e which it m a y be necessary for the council of an a r ea to which this section applies to make and levy m a y be made and levied notwi ths tanding tha t thereby the prescr ibed limit of r a t ing may be exceeded.

(c)

(c) A poll m a y not be demanded in respect of any loan proposa l of the council of an a rea to which this section applies, nor in respect of the basis of any loan ra te of such council.

(i)   by inserting in subsection eleven of section one hundred and eighty-six af ter the word " f u n d " where secondly occurring the words " o r in­ vested in any such loan by subscribing there to or by purchas ing a t their cur ren t marke t value any securit ies issued in respect of any such loan and paying any in teres t accrued in respect of such securities from the last preceding due d a t e " ;

(j)	by inserting at the end of subsection two of section one hundred and eighty-eight the follow­
ing w o r d s : —

Prov ided fu r ther tha t no twi ths tanding the

provis ions of any o ther Act and notwithstand­ ing any rule of law or equity to the cont rary , a mortgage-deed, or bond securing a loan by way of limited overdraf t within the l imits provided by section one hundred and seventy-four of this Act shall, unt i l a final discharge thereof shall have been given to the council, have and continue to have and 1 be deemed always to have had and to have re ta ined pr ior i ty as a securi ty for the balance from time to t ime owing to the lender on such overdraf t according to i ts date of execution as against such debentures , mortgage- deeds and bonds as may have been or may be

executed subsequently to such date .

9.     P a r t I X of the Pr inc ipa l Act is amended—

(a) by inser t ing next af ter p a r a g r a p h (k) of sub­

section one of section two hundred and forty the

following new p a r a g r a p h s : —

(1) erect s t ruc tures in the road for the accommodation of bicycles;

(m)	provide and place seats in the road for the convenience of persons us ing the
road. (b)
(b)	by inserting next after section two hundred and forty-one the following new section:—

241A. (1) Where , in the opinion of the coun­ cil, it is expedient for public use, safety or convenience, or for p reven t ing unsight ly or insan i ta ry conditions, tha t any work of con­ struction, improvement , maintenance, protec­ tion, r epa i r or d ra inage of any pr iva te thoroughfare shall be car r ied out, the council may enter upon the p r iva te thoroughfare and c a n y out and complete the work.

All the expenses incurred by the council in so doing shall be pa id by the owner for the t ime being of the land front ing, adjoining or abut t ing on tha t por t ion of the p r iva te thoroughfare upon which the work is carr ied out, or if there is more than one such owner, by the respective owners in such propor t ions as the council may determine.

(2) I n de termining the p ropor t ion of such expenses to be pa id by the respective owners, the council shall have r ega rd to the benefit to be der ived by any land from such work, and to the amount and value of any work done on or in respect of the p r iva te thorough­ fare by the respective owners or occupiers of any such land.

(3) If within fourteen days af ter the
service upon any such owner of notice of the

mined, such amount is not pa id to the council, amount of the expenses so incurred or deter­ the council may recover such amount as a debt,

(4) I n this section " p r i v a t e thorough­

f a r e " means land used as a p r iva te lane, r igh t of way or means of access to two or more pro­ per t ies , but does not include land owned by the Crown.

(c) (i) by inser t ing in section two hundred and

forty-two af ter the word " s a n d e d " the

words " o r screened with m e t a l " ;

(ii)

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

(2) I n this section " t a r " includes bitu­ men and bi tuminous compounds and emul­ sions and like subs tances ; and " t a r r e d " has a corresponding meaning.

(d)	by inserting at the end of subsection one of section two hundred and for ty- three the follow­
ing new p a r a g r a p h s : —

(b) The council upon applicat ion in wr i t ing by any such owner shall furnish the appl icant with a s ta tement showing the par t i cu la r s of such amount and cost.

(c) Notwi ths tanding any other provision in this Act any such owner in any proceedings aga ins t him for the recovery of any such amount may, if an app rop r i a t e plea, notice of defence or s ta tement of defence as the case may be is duly filed, dispute his l iabili ty on the ground tha t the amount debited in the app rop r i a t e book of the council has been debited th rough fraud, er roneous calculation, clerical mistake or acci­ dental slip.

(e) (i) by omit t ing p a r a g r a p h (b) of section two

hundred and for ty-nine;

(ii)   by inserting at the end of the same section

the following new p a r a g r a p h s : —

(z) control and regula te the conditions

(aa) regula te the pho tograph ing of per­ under which dogs may be upon r o a d s ; sons for gain in any public place.

(bb) regula te the excavation on any land adjacent to a public road of any quar ry , p i t or the like in such manner and to such extent as is necessary to secure the suppor t of the road and any th ing lawfully thereon, there in or thereunder or the protect ion from in jury of persons using the road ;

(cc)

(cc) provide, control and manage sites for the accommodation of vehicles in or nea r public roads and public reserves and charge a fee for the use

thereof.

(f) by inserting next after section 249A the follow- lowing new sect ions:—

249B. (1) The owners or occupiers of lands on which buildings a re erected or which a re sub­ divided into building al lotments and which have frontages to or entrances from roads shall for the purpose of dis t inguishing them mark the buildings or fences or road frontages with such numbers and in such manner and form as the council may from time to time direct or approve , so tha t such mark ings may be readi ly seen from the road, and shall renew such mark ings as often as they a r e destroyed, obl i terated or defaced.

(2) If any such owner or occupier neglects for one week af ter notice to him from the council to mark any such building, or fence or road frontage with such number and in such manner and form as the council may direct or approve , or to renew the mark ing thereof a's aforesaid, he shall be guil ty of an offence unde r this Act.

(3) W h e r e the occupier of any lands incurs expenses in complying with the require­ ments of any notice given to him unde r sub­ section two of this section he shall be enti t led to recover such expenses from the owner of the

lands .

(4) Any person who without the author­ i ty of the council des t roys , pulls down, obliter­ a tes or defaces any such mark ing or who marks a n y such number otherwise than in accordance with this section shall be guil ty of an offence under this Ac t ; and the council m a y cause any unlawful mark ing to be obl i terated or destroyed.

249c. (1) A person shall not throw, place or
leave any bottle, glass or glass receptacle,
broken glass, nai l or other sha rp th ing (not

being

being road mater ia l ) on or in any public place, o r in any lane, pa th , passage or the like to which the public has access for the t ime being, in such a posi t ion as to cause or to be likely to cause in jury to any person or animal or damage to any

vehicle or p rope r ty .

(2) A person shall not in any public place or in any lane, pa th , passage or the like to which the public has access for the t ime being, wilfully destroy or damage any bottle, glass, or glass receptacle.

(g) (i) by omit t ing from subsection one of section

251A the words " i f permiss ion to erect a
public gate at tha t place has been g ran ted under the Public Gates Act, 1901, and has not been r e v o k e d " and by inser t ing in lieu thereof the words " i f permiss ion to erect a gate at tha t place has been g ran ted under

any Act and has not been r e v o k e d " ;

( i i )    by omit t ing from subsection two of the same

section the word " p u b l i c " ;

(iii) by omitting from the same subsection the

word ' ' rabbi t -proof ' ' ;

(iv)   by inserting at the end of the same subsec­ t ion the words " excep t with the consent of the P a s t u r e s Protec t ion B oa r d const i tuted by or under the P a s t u r e s Protec t ion Act, 1934, as amended by subsequent Acts , for the distr ict in which it is proposed tha t the by­

pass shall be e r e c t e d " ;

(v)   by inserting in subsection three of the same section af ter the word " c o u n c i l " the words " t o any specification which m a y be pre­ s c r i b e d " ;

(vi)   by omitting subsection five of the same section and by inser t ing in lieu thereof the following subsection:—

(5) The person erect ing the by-pass shall erect near each end of the by-pass in such a posit ion as to be readi ly seen by a person approach ing the by-pass a notice bear ing

the

the words " m o t o r b y - p a s s " . The notice shall be of the mater ia l s , height, size, design and appearance prescribed.

(h) by omitting subsection four of section two hundred and sixty-two and by inser t ing in lieu thereof the following subsection:—

(4) Unde r the rea l ignment method compensa­ t ion for any injur ious effects suffered by reason of such rea l ignment may be claimed but shall be l imited to payment of the value of the land taken from any owner by reason of the real ign­ ment .

Such value shall be ascer ta ined and such com­ pensa t ion shall be payable—

(a)	in the case of land clear of buildings and obstruct ions, as a t the da te when the notice re fer red to in subsection three of this section is served upon the owner of such land, and
(b)	in all other cases, as at the date when such land is cleared of buildings and obstruct ions by the owner or lessee whether for the purpose of building to the new al ignment or not.

Subject to the provisions of this section, f rom the da te upon which such compensat ion shall be payable the land shall vest in the council for a public road.

(i) (i) by inser t ing next af ter p a r a g r a p h (1) of

section two hundred and seventy-seven the

following new p a r a g r a p h : —

(11) p reven t ing and regula t ing the exca­ vat ion of sand from land adjacent to or in the vicinity of any public road in cases where such excavation is below the level of the road and const i tutes a disfigurement of the locality or danger to the public in a

public r o a d ;

(ii).

(ii)   by inserting at the end of the same section

the following new p a r a g r a p h s : —

(aa) controll ing and regula t ing the condi­ tions under which dogs may be in or upon public places and prevent­ ing the fouling by dogs of public places and adjoining p remises ;

(bb) prevent ing persons from leaving or placing any m a t t e r or th ing on any road, or from permi t t ing or suffer­ ing any ma t t e r or th ing to be left or placed or to fall or escape on any road.

10.     P a r t X of the Pr inc ipa l Act is amended—

(a )	by omit t ing p a r a g r a p h (n) of subsection two of section two hundred and eighty-one and by inser t ing in lieu thereof the following pa ra ­
g raph :—

(n) require that any new or existing dwell­ ing connected with a public system of water supply shall be provided with suitable kitchen sinks and facilities approved by the council for ba th ing and for washing clothes with water laid t he re to ;

(b)	by inserting next after section two hundred and eighty-eight the following new sect ion:—
28SA. (1) This section shall apply to any a rea or p a r t of an area to which it is applied by pro­

clamation.

( 2 ) The council may regula te the use of

movable dwellings within the area and for tha t

purpose requi re—

(a) that persons permitting land occupied by them to be used as sites for movable dwellings shall be licensed in tha t

behalf: and

(b)

(b) that persons proposing to erect or place or use such dwellings shall be licensed in tha t behalf.

(3) (a ) I n the case of a license referred to in p a r a g r a p h (a) of subsection two of this section, conditions may be a t tached with respect to the number and classes of movable dwellings which may be erected, placed or used on the land a t the same time, with respect to the space to be kept free between any two such dwellings, and with respect to wa te r supply and the securing of

s an i t a ry conditions.

(b) I n the case of a license

re fe r red to in p a r a g r a p h (b) of subsection t w o of this section, conditions may be a t tached with respect to the use of the movable dwell ing ( including the space to be kept free between i t and any other such dwelling) and i ts removal a t the end of a specified period, and the securing of

s an i t a ry	conditions.
( 4 ) Subject to the provisions of th i s

section, a person shall no t allow any land occupied by h im to be used for camping pu rposes on more than two consecutive days or more than sixty days in any twelve consecutive months ,

unless ei ther—

(a)	he holds in respect of the land so used such a license as is r e fe r red to in p a r a ­ g r a p h (a) of subsection two of this
sect ion; or

(b) each person us ing the land as a site for

a movable dwelling holds in respect of

t ha t dwelling such a license as is re fer red to in p a r a g r a p h (b) of the said subsection, or has made an applicat ion for such license which has not been refused.

F o r the purposes of this subsection, land which is in the occupation of the same person as , and within one hundred y a r d s of, a site on which there is du r ing any p a r t of any day a movable dwelling shall be r ega rded as being used for

camping purposes on t ha t day. ( 5 )

(5) Subject to the provisions of this section a person shall not keep a movable dwelling on any one site, or on two or more sites in succession, if any one of those sites is within one hundred y a r d s of another of them, on more than two consecutive days , or sixty days in any twelve consecutive months , unless—

(a)	he holds or has made an application which has not been refused for such a license in respect of t ha t dwelling as is refer red to in p a r a g r a p h (b) of sub­ section two of this section; or
(b)	the occupier of each piece of land on which the dwelling is kept holds in respect of tha t land such a license as is re fer red to in p a r a g r a p h (a) of the said subsection.
(6) W h e r e under this section an

applicat ion for a license is made to a council, the council shall be deemed to have g ran ted it unconditionally, unless within four weeks from the receipt thereof the council or i ts author ised se rvan t gives notice to the appl icant s ta t ing tha t his appl icat ion is refused, or s ta t ing the condi­ tions subject to which the license is granted , and if an appl icant is aggr ieved by the refusal of the council to g r a n t him a license or by any condition a t tached to a license g ran ted he may appeal to a cour t of summary jurisdict ion.

The decision of a court of summary jur isdic­

t ion on any such appeal shall be final and shall

be binding on the council and the appel lant , and	for the purposes of this Act shall be deemed to
be the final decision of the council.

(7) Nothing in this section appl ies—

(a) to a movable dwelling which—

(i)   is kept by its owner on land occupied by him in connection with his dwelling-house and is used for habi ta t ion only by him or by members of his household; or

(ii)

(ii)   is kept by its owner on pastoral or agr icu l tura l land occupied by him and is used for habi ta t ion only a t cer ta in seasons and only by persons employed in pas to ra l or fa rming operat ions on tha t

l and ; or

(b) to a movable dwelling while it is not in use for human habi ta t ion and is being kept on premises the occupier of which permi ts no movable dwelling to be kept thereon except such as are for the time being not in use for human habi tat ion.

( 8 ) A person who contravenes any of

the provis ions of this section or fails to comply with any condition a t tached to a license g ran ted to him under this section, shall be liable to a penal ty not exceeding five pounds and to a fur ther pena l ty not exceeding two pounds for each day on which the offence continues after

conviction therefor .

(9) F o r the purposes of this section—

(a)	the expression "movab le dwe l l ing" includes any tent , any van or other con­ veyance whether on wheels or not, and any shed or similar s t ruc ture , being a tent , conveyance or s t ruc ture which is used ei ther regular ly or a t cer tain seasons only or in termit tent ly , for
human hab i ta t ion :

s t ruc ture to which a building ordinance

P rov ided tha t it does not include a under P a r t X I of this Act app l ies ;

(b)	the owner of land which is not let shall be deemed to be the occupier thereof;
(c)	if a movable dwelling is removed from the site on which it s tands , but within twenty-four hours is b rought back to the same site or to another site within one hundred y a r d s thereof, then for the purpose of reckoning any such per iod of two consecutive days as is

mentioned

mentioned in subsection four or sub­ section five of this section it shall be deemed not to have been removed or, as the case may be, to have been moved direct f rom the one site to the other.

(c)	(i)	by inser t ing in p a r a g r a p h (e) of section two hundred and eighty-nine next after the word
" p a r t i c u l a r " the words " d o g s , c a t s " ;
(ii)	by inser t ing in p a r a g r a p h (m) of the same
section af ter the words " j u d g m e n t of the
distr ict c o u r t " the following w o r d s : —
" T h e decision of such judge upon any such appeal shall be final, and shall be bind­ ing upon the council and the appel lant , and for the purposes of this Act shall be deemed to be the final decision of the counci l ,"

(d) by inserting at the end of subsection two of section two hundred and ninety-eight the fol­ lowing w o r d s ; " a n d may also subsidise ma te rn i ty and infant welfare centres and persons bodies or organisa t ions in respect of the t r a n s p o r t of children to and from school ."

11 .     P a r t X I of the Pr inc ipa l Act is amended—

(a) (i) by omit t ing from subsection three of section three hundred and nine the word " f o u r " and by inser t ing in lieu thereof the word " t h r e e " ;

(ii)   by omitting from the same subsection the

words and let ters " C l a s s C and Class D "

and by inser t ing in lieu thereof the words

and le t ter " a n d Class C . "

(b) by inserting at the end of section three hundred and fifteen the following p rov i so :—

Prov ided tha t the council may if good cause be shown g ran t an extension or renewal of such approva l beyond such period.

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

(2) Proceedings for the recovery of any such pena l ty may be ins t i tu ted a t any t ime within twelve months af ter the date upon which such work is done. This

This subsection shall not apply to or in
respect of any work done more than six months

before the commencement of the Local Govern­

ment (Amendment ) Act, 1 9 4 5 .

(d)	by inserting next after section 317A the following
new Divis ion:—

DIVISION 4A—Exis t ing buildings.

317B. (1) If any building is in such a dilapi­ dated or unsight ly condition as to be prejudicial to the p r o p e r t y in or inhabi tants of the neigh­ bourhood of such building, the council may order the owner to demolish, or as an a l ternat ive , to re-erect such building or any p a r t thereof or otherwise to pu t the same or any p a r t thereof into a s ta te of repa i r and good condition to the sat isfact ion of the council within a reasonable t ime to be fixed by the order .

(2) If the o rder is not obeyed the council may with all convenient speed enter upon the building and the land upon which it s tands and execute the order .

(3) W h e r e the order directs the demoli­ tion of a building or any p a r t thereof the council, if executing the order, may remove the mater ia l s to a convenient place and (unless the expenses of the council under this section in relat ion to such building a re pa id to it within fourteen days af ter such removal) sell the same if and as it,

in i ts discretion, thinks fit.

( 4 ) All expenses incur red by the council

in relat ion to any such demolition or sale as aforesaid may be deducted by the council out of the proceeds of the sale, and the surplus (if any) shall be pa id by the council on demand to the owner of the bui ld ing: and if such building or any p a r t thereof is not demolished and such mate r ia l s a re no t sold by the council, or if the proceeds of the sale are not sufficient to defray the said expenses, the council m a y recover such expenses or the deficiency from the owner of the building together with all costs in respect thereof

in

in a summary maimer, but wi thout prejudice to the owne r ' s r igh t to recover the same from any lessee or other person liable for the expenses of repa i r s .

(5) Any owner who has received an o rder under this section may appeal against the order to a distr ict court judge having jur i s ­ diction within the area .

The provisions of subsections two, three and four of section three hundred and forty-one of this Act shall apply to and in respect of any such appeals . F o r the purposes of such applicat ion a reference in any of those subsections to the Land and Valuat ion Cour t or to the cour t shall be construed as a reference to the distr ict court or to the distr ict court judge hea r ing the appeal .

1. P a r t X I I of the Pr inc ipa l Act is amended—

(a)

by omitting the proviso to subsection two of section three hundred and twenty-seven;

(b)

by inserting at the end of subsection one of section 340A the following w o r d s : " or where such space is adjacent to land reserved or dedicated, under the Crown Lands Consolidation Act, 1913, as amended by subsequent Acts , for the purpose of public recreat ion, or to a public p a r k which is not vested in the council, such space shall, if the council a t any t ime so directs , be su r rendered to the Crown, and upon such su r render the land comprised in such space

shall be deemed to be Crown lands within the meaning of the Crown Lands Consolidation Act, 1913, as amended by subsequent Acts , and may

be deal t with accord ing ly ."

(c) (i) by omit t ing from subsection one of section three hundred and forty-one the words " a Dis t r ic t Cour t judge having jurisdict ion within the a r e a " and by inser t ing in lieu thereof the words " t h e L a n d and Valuat ion C o u r t " ;

(ii).

(ii)   by omitting from subsection two of the same

section the word " j u d g e " and by inser t ing

in lieu thereof the word " c o u r t " ;

(iii)   by omitting from subsection three of the same section the word " j u d g e " and by inser t ing in lieu thereof the word " c o u r t " ;

(iv)   by omitting from subsection four of the

same section the words " d i s t r i c t c o u r t " and

by inser t ing in lieu thereof the words " L a n d

and Valuat ion C o u r t " ;

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

(5) (a) Any appea l made under th is section may be remi t ted by the cour t to the court of pe t ty sessions neares t to the proposed building or public road or land in respect of which the appea l is made, and such court of pe t ty sessions shall hear and determine the appeal , and for such purposes shall have the powers and author i t ies con­ fer red on the Land and Valuat ion Cour t by this section.

(b) The decision of a court of pe t ty sessions on any appea l so remit ted to i t shall for all purposes be deemed to be the decision of the L a n d and Valua t ion Cour t and shall have effect accordingly.

13.     P a r t X I I I of the Pr inc ipa l Act is amended—

(a) by inserting next after section three hundred and fifty-two the following new section:—

352A. (1) The council may regula te the cut­ t ing of any channel or the doing of any th ing on or adjacent to any land acquired by the council or under the care, control and manage­ ment of the council which causes or is likely to cause the wa te r s of any river, creek, canal, dra in , reservoir , pool, marsh , lake, or lagoon to flow in or upon or th rough such land.

(2)

(2) (a) The council shall not g r a n t permiss ion to the cut t ing of any such channel or the doing of any such thing without the con­ sent of the Minister or of a person author ised by the Minis ter in tha t behalf.

(b) The consent of the Minister or of a person so author ised may be applied for and given in wri t ing, orally, by telephone or by te legraph.

(b) by inser t ing at the end of p a r a g r a p h (f) of

section three hundred and fifty-three the words

" a n d life-saving or swimming i n s t r u c t o r s " ;

(c)	by inserting at the end of subsection two of section three hundred and fifty-eight the words " a n d inst i tut ions including k indergar tens and nurser ies providing or p ropos ing to provide for the physical, mental or cul tural welfare or educa­
tion of p e r s o n s " ;
(d)	by inserting at the end of section three hundred
and sixty-seven the following new p a r a g r a p h : —

(j) the control and regulation of the taking of animals into a public reserve or place of public recreat ion, amusement or improvement under the control of the council or the permi t t ing or suffering of animals to be in or upon any such public reserve or place.

1. P a r t X I V of the Pr inc ipa l Act is amended—

(a) by inserting next after section three hundred and seventy-five the following new section:—

375A. (1) W h e r e the liability of the council to the T r e a s u r e r incur red under this P a r t in respect of any work of wa te r supply, sewerage, d ra inage , or electricity has been extinguished ei ther before or af ter the commencement of the Local Government (Amendment ) Act, 1945, the T r e a s u r e r shall certify to the Governor tha t such liabili ty has been extinguished.

(2)

(2) Thereupon the Governor may by

proclamat ion declare tha t—

(a)	all land acquired for the purpose of such work is vested in the council ;
(b)	all right, title, or interest of the Min­ is ter for Publ ic W o r k s to or in such work is vested in the council.

(3) Upon publicat ion in the Gazette
of such proclamat ion such land and all such

r ight , title and in teres t shall vest in the council.

(b)	by inserting at the end of subsection two of section three hundred and seventy-eight the fol­
lowing new p a r a g r a p h : —

(b) Different charges may be made and levied in respect of different quant i t ies of such excess wa te r .

(c)	by inserting next after subsection (5B) of section three hundred and seventy-nine the following
new subsect ion:—

(5c) The Council may exempt from sewerage local r a t e s any land which for the t ime being is not ra table in respect of the water supply local r a t e .

(d)	by inserting next after section three hundred and ninety-two the following new sect ions:—
392A. (1) Any person who wilfully, f raudu­ lently or by culpable negligence injures, or suffers to be injured any wa te r p ipe , meter , fit­
t ing, appliance, a p p a r a t u s or works belonging to

the council, or a l te rs the index of any w a t e r meter , or p reven t s any wa te r mete r from duly reg is te r ing the quant i ty of wa te r supplied or in ter feres with any wa te r me te r or with any seal affixed to any wa te r me te r or p ipe , or f raudulent ly abs t rac ts , causes to be was ted or diverted, consumes, or uses wa te r supplied by the council, shall be guil ty of an offence and shall on, summary conviction be liable to a pena l ty not exceeding fifty pounds or to impr isonment for a t e r m not exceeding twelve

months

months , and shall (without prejudice to any other r igh t or remedy for the protect ion of the council or the punishment of the offender) for every such offence forfeit and p a y to the coun­ cil a sum not exceeding twenty-five pounds and the council may in addit ion there to recover the amount of any damage sustained.

(2) The existence of artificial means for causing such a l tera t ion or prevent ion, or for abs t rac t ing , wast ing, divert ing, consuming o r us ing wa te r supplied by the council when the pipe, meter , fitting, appliance, a p p a r a t u s or work is under the custody or control of the con­ sumer shall be p r ima facie evidence t ha t such al terat ion, prevent ion, abstract ion, waste , diversion, consumption or use (as the case may be) has been fraudulently, knowingly and wil­ fully caused by the consumer.

392B. (1) (a) A water main laid by a council e i ther before or after the commencement of this section outside the boundar ies of any land liable to be ra ted to a water supply local r a t e shall on and from such commencement be deemed to include the wa te r p ipes and necessary fittings connecting the wa te r main with such land a t the point within the land at which a water mete r is or is to be ins ta l led: P rov ided tha t any such connecting pipe shall not be deemed to be a water pipe of the council for the purposes of p a r a g r a p h (b) of subsection one of

section three hundred and seventy-nine of this

Act.

(b) I n the case of a wa te r main laid af ter the commencement of this section such water pipes and necessary fittings shall as far as pract icable be laid and installed when the wa te r main is laid.

(2) This section shall commence on the first day of J a n u a r y , one thousand nine hun­ dred and forty-six.

(e)

(e) by inserting next after section three hundred and ninety-six the following new section:—

396A. (1) (a) (i) A sewer main laid by a council ei ther before or after the commence­ ment of this section outside the boundar ies of land liable to be r a t ed to a sewerage local r a t e shall on and from such commencement be deemed to include the sewer pipes and necessary fittings connecting the main with such land a t the point within the land at which a boundary t r a p or in terceptor t r a p or the like is, or is to be ins ta l led: P rov ided tha t in any case where a boundary t r a p or in terceptor t r a p or the like is not installed in connection with the pipes con­ nect ing the sewer main with the land the sewer main shall be deemed to t e rmina te a t the boun­ d a r y of such land where it is crossed by the connecting p i p e s : Provided fur ther t ha t any such connecting pipe shall no t be deemed to be a sewer of the council for the purposes of subsec­ tion two of section three hundred and seventy- nine of this Act.

(ii) In the case of a sewer main laid af ter the commencement of this sec­ tion, such sewer pipes and necessary fittings shall as far as pract icable be laid and installed when the sewer main is laid.

(b) The council may at the request of the person ra table in respect of any land ex­ tend such sewer pipes and necessary fittings so as to provide for the d ra inage of all sewage

wash-basin, sink, and wash- tubs to be dra ined

from the land and provide such connections as may be necessary to enable a water-closet, bath ,

into the sewer, and provide and instal a water-

closet, pan, seat and c i s te rn :

P rov ided tha t the council may in respect of anyth ing done or provided in pursuance of this p a r a g r a p h impose upon the ra table person a charge sufficient to provide for the payment by equated ins ta lments of pr incipal and in teres t combined of the cost thereof and in teres t on cost within a per iod of years not exceeding the

period

period prescr ibed, and any charge so imposed may be recovered as a r a t e and shall be a charge upon the land in respect of which it is imposed as if it were a r a t e :

P rov ided fu r ther tha t the council shall not be responsible for or for payment of the cost of the repa i r , maintenance or renewal of anyth ing done or provided in pursuance of this p a r a g r a p h and anyth ing so done or provided shall be and remain the p rope r ty of the owner of the land.

(c) W h e r e a sewer main has been laid before the commencement of this section or is laid thereaf ter within the boundar ies of land liable to be r a t ed to a sewerage local r a t e the council may a t the request of the person ra table in respect of the land ca r ry out such fur ther works as may be necessary to provide for the d ra inage of all sewage from the land and pro­ vide such connections as may be necessary to enable a water-closet, bath, wash-basin, sink and wash-tubs to be dra ined into the sewer and pro­ vide and instal a water-closet, pan , seat and c i s te rn : Provided tha t the council may in respect of any th ing done or provided in pur­ suance of this p a r a g r a p h impose upon the ra table person a charge sufficient to provide for the payment by equated ins ta lments of pr incipal and interes t combined of the cost thereof and in teres t on cost within a per iod of years not exceeding the period prescr ibed and any charge so imposed may be recovered as a r a t e and shall be a charge upon the land in respect of which

i t is imposed as if it were a r a t e :

P rov ided fur ther tha t the council shall not be responsible for or for payment of the cost of the repair , maintenance or renewal of anyth ing done or provided in pursuance of this p a r a g r a p h and any th ing so done or provided shall bo and remain the p rope r ty of the owner of the land.

(2) This section shall commence on the

first day of J a n u a r y , one thousand nine hundred

and forty-six. (f)

(f) by inserting next after section 398A the follow­ ing new sect ion:—

398B. (1) W h e r e the council is satisfied that

any dra inage reserve which is not vested in it in pursuance of section three hundred and ninety-eight of this Act is no longer requi red for the purpose of d ra inage it may acquire such dra inage reserve by resumpt ion for the purpose of selling or exchanging the land and such sale or exchange shall be made in accordance with the provis ions of this Act.

(2) I n this section " d r a i n a g e r e s e r v e "

means any land which is shown on a plan lodged with the Regis t ra r -Genera l before or af ter the commencement of the Local Government (Amendment ) Act, 1945, and marked with the words " d r a i n a g e r e s e r v e " or any words of like impor t ; but where a la ter p lan including such land has been so lodged, and such land is not marked as aforesaid on the la ter plan, such land shall not be deemed to be a dra inage reserve for the purposes of this section.

(g) by omitting from section four hundred and three the word " o r " where secondly occurr ing and by inser t ing in lieu thereof the word "and" .

15.     P a r t X V I I of the Pr inc ipa l Act is amended—

(a) by omitting subsection five of section four hundred and twenty-one;

(b) by omit t ing subsection five of section 422B.

16.     P a r t X V I I I of the Pr inc ipa l Act is amended—

(a) by inserting next after section four hundred and twenty-five the following new section:—-

425A. A council which proposes to open and establish or which main ta ins a public pound which is likely to be used or is used for im­ pounding animals from another a rea may claim

from

from the council of such other a rea payment of an annual contribution towards the maintenance of the pound. Where such other council refuses to make such contr ibut ion or a p a r t thereof, the m a t t e r may be refer red to the Minister pursu­ an t to section six hundred and fifty-four of this Act as a difference between the councils, and tha t section shall apply accordingly.

(b) (i) by inser t ing next af ter p a r a g r a p h (c) of sub­ section three of section four hundred and twenty-six the following new p a r a g r a p h : —

(d) to the whole or any p a r t or p a r t s of the a rea to which the provis ions of subsection one of th is section a re extended by proclamation,

(ii)   by omitting subsection four of the same sec­ tion and by inser t ing in lieu thereof the following subsection:—

(4) W h e r e a public road runs th rough a t ravel l ing stock reserve which is sufficiently fenced on both sides the t ravel l ing stock reserve shall for the purposes of this section be deemed to be a public road.

(c)	by omitting from subsection one of section four hundred and thir ty-six the words " T h u r s d a y in every w e e k " and by inser t ing in lieu thereof the words " T h u r s d a y or such other regular day or days in every week as the council may de t e rmine ' ' .
(d)	by inserting in subsection one of section four hundred and thir ty-seven af ter the word " p r e s i ­ d e n t " the words " o r any person author ised in
wr i t ing in that behalf by the mayor or president , ei ther general ly or for any par t i cu la r case or
class of c a s e s " .

17. P a r t X X I of the Pr inc ipa l Act is amended—

(a)	by inserting next after subsection one of section four hundred and ' sixty-one the following new subsection:—
(1A) A council which provides , controls and manages aba t to i rs outside its area , shall, not­ withstanding any th ing to the cont ra ry in this

or

or any o the r Act, be the local au thor i ty within the meaning of the Cat t le S laughter ing and Diseased Animals and Meat Act, 1902, as amended by subsequent Acts , in respect of such aba t to i r s .

(b)	by inser t ing in p a r a g r a p h (b l ) of subsection two of the same section af ter the word " c u r i n g " the
words " d e h y d r a t i n g , p rocess ing . "

18.     P a r t X X I I of the Pr inc ipa l Act is amended—

(a) by omit t ing p a r a g r a p h (a.) of subsection two of

section four hundred and seventy- two; (b) by omit t ing from p a r a g r a p h	(b)	of the	same
subsection	the	word	" e n t i r e l y " ;

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

(4) If for any reason the notice requi red to be given in accordance with subsection one of this section is not given within the prescr ibed t ime, the Minis ter may extend the t ime for the giving of the notice.

19.     P a r t X X I I I of the Pr inc ipa l Act is amended—

(a) by inserting at the end of section 478A the following new subsect ions:—

(2) The council shall have and shall be

be purchased in pursuance of subsection one of

payment for charcoal purchased or agreed to deemed always to have had the power to make

this section by ins ta lments in advance or other­ wise in accordance wi th such conditions as may be or as m a y have been agreed upon.

(3) The council shall have and shall be deemed always to have had the power to enter into agreement with any person engaged or p ro ­ pos ing to engage in the manufac ture of charcoal for the supply of mater ia ls , p lant , appl iances,

equipment

equipment or services therefor or in relat ion there to subject to such conditions and t e rms as may be or as may have been agreed upon ; and any such agreement may be var ied or extended subject to such fur ther conditions and te rms , if any, as may be agreed upon.

(4) Subject to this section the council shall have and shall be deemed always to have had the power to make advances a t such ra tes of in teres t and subject to such conditions and provis ions as it may impose to any person engaged or pro­ posing to engage in the manufacture of charcoal for the purpose of provid ing mater ia l s , p lant , appliances, equipment or services therefor or

in relat ion there to .

The council shall for every such advance take such security as may be agreed upon with such person or as may be prescribed.

(5) The council may borrow by way of o rd inary loan for any of the purposes of sub­ sections two, three and four of this section.

(b) by inserting next after section 478A the following new section:—

478B. The council shall have and shall bo deemed always to have had the power to purchase or obtain and to supply firewood, coal and coke within or outside the area .

(c) by inserting next after section four hundred and eighty two the following new section :—

4S2A. The council may, subject to any

for such purposes as may be prescribed, provide,	conditions tha t may be prescr ibed and for use
control and manage works of and services for or in relat ion to afforestation on land acquired by the council for such purpose within or outside
the area .
(d)	by inserting next after section four hundred and eighty-three the following new section:—
483A. (1) The council may, subject to and in accordance with any law of the Commonwealth for the t ime being in force, provide control and

manage

manage or join wi th any person or council in providing, controll ing and manag ing broadcast­

ing s ta t ions, or may subsidise such s ta t ions .

( 2 ) The powers conferred by this

section may be exercised within or outside the a rea of the council; but such powers shall be exercised only for the purpose of adver t i s ing the advan tages of the area , or furnishing infor­ mat ion concerning the activit ies of the council or for such other purposes of a like charac ter as may be prescribed.

(e)	(i) by omitting subsection two of section 493A ;
(ii) by omitting subsection four of the same sect ion;
(f)	by omitting from subsection one of section 495A

the words ' ' unde rg rowth which i s ' ' and by inser t ­ ing in lieu thereof the words " a n y vegetat ion or vegeta t ive m a t t e r whether alive or dead which

is or is likely to b e c o m e " ;
(g)	by omitting subsections two, three, four and five of section four hundred and ninety-six, and by inser t ing in lieu thereof the following sub­ sections :—

( 2 ) (a ) Any such dwelling, shop or other building and any works necessary or convenient in connection therewi th may a t the request of the council be erected or car r ied out for the council by the Crown in accordance with any agreement entered into for the purpose .

(b) Any such agreement may include

provis ions for securing the payment by the

council of year ly or half-yearly ins ta lments for def raying the cost of the work and in teres t on such cost, and for payment of an addi t ional charge if any such insta lment is not pa id on the

due date .

(c) A n y such instalment and addi t ional charge to the extent to which it is not remi t ted by the Crown, which remission the Crown is hereby author ised to make, may be recovered from the council as a debt.

(3)

(3) I n respect of the sale or lease of a dwelling and its site under this section the council may give preference to purchase r s or lessees who have large families, or who are occupying insan i ta ry or overcrowded premises or who are living under unsat is factory conditions.

(4) Notwi ths tanding any other provision of this Act a lease under this section may be made at such ren ta l (whether the same is the best ren ta l t ha t can be obtained or not) as the council

m a y	determine.
(h )	by inser t ing next a f te r section four hundred and ninety-six the following new section:—

496A. (1) Subject to this section the council may make advances of money a t such ra tes of in teres t and subject to such covenants, condi­ t ions and provis ions as it may impose to any owner of land for the purpose of erect ing a dwelling or for the purpose of recondit ioning, rebuilding, or adding to any exist ing dwelling on such land.

(2) The owner shall give securi ty to the satisfaction of the council for any moneys so advanced.

(3) (a) Ordinances may be made pre­ scribing all ma t t e r s which a re necessary or con­ venient to be prescr ibed for ca r ry ing this section into effect.

(b) Wi thou t prejudice to the gene­

ra l i ty of p a r a g r a p h (a) of this subsection, any

such ordinance may prescr ibe—

(i)   the maximum amount that may be advanced by the council ei ther general ly or in respect of any pa r t i cu la r class of dwell ings;

(ii)   the maximum periods for repayment of advances by ins ta lments . Different per iods of t ime may be prescr ibed in respect of different dwellings having r ega rd to thei r durabi l i ty and the mater ia l s of which they a re constructed.

F (i)

(i)   by inserting in subsection two of section five hundred af ter the word " m a i n s " the words " o r ca r ry out on such premises any works whatso­

ever which may be lawfully carr ied o u t ' ' ;
(j)	by inserting next after section five hundred and ten the following new section:—

510A. The council may for the purpose of pre­ vent ing the creat ion or securing the abatement of unsight ly conditions regula te the use of land—

(a) for vehicles or old machinery or other old the s torage of disused motor

or used or second-hand ma te r i a l s ; or

(b) for the dismantling or breaking up of old motor vehicles or old machinery and the l ike;

(k) by inserting at the end of section 512j the fol­ lowing new subsection:—

The par t i cu la r s of the licenses of electrical cont rac tors and electricians shall be recorded at the Depa r tmen t of Local Government . A cer­ tificate p u r p o r t i n g to be unde r the hand of the Unde r Secre ta ry of tha t Depa r tmen t or of any prescr ibed officer certifying tha t any person is not the holder of an electrical cont rac tor ' s license or an electr ician 's license or that certain par t i cu la rs do or do not appea r on such records shall in all courts and upon all occasions whatso­ ever be received as evidence.

(6)

Such certificate shall be p r ima facie evidence

of the pa r t i cu la r s contained therein.

The product ion of such records or any license, requisi t ion, notice or other document upon which such certificate may be founded and proof of the s igna ture of the Unde r Secre ta ry or officer so cert i fying shall not be necessary unless the cour t so orders .

(1) (i) by inser t ing next af ter p a r a g r a p h (m) of

subsection one of section five hundred and th i r teen the following new p a r a g r a p h s : —

( m l ) the fixing, publication and collec­

t ion of max imum and minimum

fares

fares or charges for the h i re or use of public vehicles and the imposit ion of penal t ies for charging fares or making charges other than those so fixed;

(m2) the imposit ion of penal t ies for the failure, neglect or refusal by a passenger or h i re r to pay any such fare or charge or for qui t t ing the public vehicle before pay ing such fare or cha rge ;

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

(4) An ordinance prescr ib ing any of the .nat ters which may be prescr ibed under section 482A of this Act shall, before being made, be submit ted to the Minis ter for the t ime being adminis te r ing the F o r e s t r y Act, 1916, and the ordinance shall not be made unless such Minis ter approves .

20. P a r t X X I I I A of the Pr inc ipa l Act is amended—

(a)	by inserting at the end of the definition of " S m a l l h o l d i n g " in section 514A the words " o r such g rea t e r amount as may be prescr ibed in
respect of any pa r t i cu la r a r e a " ;
(b)	by omitting from subsection one of section 514B the words " b y gift, agreement , purchase or l ease . ' '

21 . P a r t X X I V of the Pr inc ipa l Act is amended—

(a) (i) by omit t ing p a r a g r a p h (a) of subsection

two of section five hundred and e ighteen;

(ii)   by inserting next after subsection two of the

same section the following new sub­

section :—

( 2 A ) Notwi ths tand ing the provis ions of

subsection two of this section, where any land is vested in the council for public

health,

heal th , recreat ion, enjoyment or other public purpose of a like na tu re , or has been con­ veyed or t r ans fe r red to the council pu r suan t to section 340A of this Act, and such land is adjacent to land reserved or dedicated, under the Crown L a n d s Consolidation Act, 1913, as amended by subsequent Acts , for the purpose of public recreat ion, or to a public p a r k which is no t vested in the council, the council may, with the app rova l of the Governor, su r r ende r the land to the Crown; and upon such sur render the land shall be deemed to be Crown lands wi thin the meaning of the Crown Lands Consolidation Act, 1913, as amended by subsequent Acts, and may be deal t with accordingly.

(b) (i) by omit t ing from subsection one of section five hundred and twenty-one the words " T h e councils of adjoining a r e a s " and by inser t ing in lieu thereof the words " T w o or

more counc i l s " ;

(ii)   by omitting from subsection two of the same section the words "composed of mem­ bers of the counci ls ' ' and by inser t ing in lieu thereof the words " w h i c h may be composed ei ther wholly of members of the councils, or par t ly of members of the councils and pa r t l y

of se rvan ts or other p e r s o n s " ;

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

agreements delegate to such commit tee the (4) I n any case where the councils in such

power to pay to members of the commit tee

reasonable allowances towards their neces­ sary out-of-pocket expenses for conveyance and subsistence in t ravel l ing to and from the meet ings of the commit tee or upon inspections wi thin the areas of the councils such paymen t s may be made by the com­ mit tee provided such inspections are author­ ised by resolut ion of the commit tee ; and the

allowances

allowances payable under this subsection shall, muta t i s mutand is , be as from t ime to t ime prescr ibed in respect of members of councils t ravel l ing to and from meet ings of councils or upon inspections wi th in their areas as the case may be.

(c) by inserting next after section five hundred and twenty-eight the following new sect ions:—

528A. I t shall be lawful for the council to accept appoin tment as the agent of the Govern­ ment Insurance Office of New South Wales in pursuance of section nine of the Government Insurance Act, 1927-1943, and for tha t purpose to enter into and ca r ry out any agreement with the said Office.

528B. I t shall be lawful for the council to be appointed or employed and to accept appoint­ ment or employment as the agent of any com­ pany supplying a public uti l i ty such as gas or electricity or any other council, including the Municipal Council of Sydney, for the collection or payment of moneys ; and agreements m a y be entered into between the respective par t i es for

this purpose .

528c. I t shall be lawful for the council subject to the provisions of any ordinance made in t ha t behalf to be appointed or employed and to accept appoin tment or employment as the agent of the Crown for any purpose in respect of which the Crown may appoin t or employ an agent, and agreements in connection therewith may be entered into between the council and

the Crown.
(d)	by inserting next after section five hundred and th i r ty the following new section:—

530A. (1) This section shall apply to any area to which it is applied by the Governor by proclamation and to the council of such area.

(2) Subject to this section the council may by resolution author ise an officer, or a servant , or a person, or a committee consisting ei ther wholly or in p a r t of officers, servants or

persons

persons to exercise or pe r form on behalf of the council any power, au thor i ty , duty, or function of the council o ther than a power, au thor i ty , duty or function re la t ing t o—

(a)	the making of any rate, the fixing of any charges or fees, or the borrowing of any moneys ;
(b)	the voting of moneys for expenditure on the works, services or operat ions of the council;
(c)	the resumption, purchase, sale, ex­ change, leasing or su r r ende r of any land or other p rope r ty or the g ran t ing of any lease of l and ;
(d)	the acceptance of t e n d e r s ;
(e)	any application or notice to the Gover­
nor or the Min is te r ;
(f)	the payment of t ravel l ing expenses ;
(g)

any other matter which may be pre­ (3) (a) Any such au thor i ty may, if the

council so resolves, be unlimited as to the period dur ing which it m a y be exercised, or may be exercisable only du r ing such per iod as may be specified in the resolution.

(b) The exercise of any such

au thor i ty shall be subject to such l imitat ions and conditions as may be specified by the council by resolution, or as may be prescr ibed.

( 4 ) A n y officer, servant , person or com­

mittee, when act ing in the exercise of any such

au thor i ty and within i ts scope, shall be deemed to be the council. (5) Any au thor i ty conferred by the

council under this section may be wi thdrawn by the council by a subsequent resolution, ei ther wholly or in pa r t .

(6) No act of an officer, servant , per­ son or committee done within the scope of any such au thor i ty du r ing the per iod in which such au thor i ty remains in force shall be inval idated by reason of a wi thdrawal of the au thor i ty or

by

by reason of the revocation by the Governor of the proclamation apply ing this section to the a rea and the council concerned.

22. P a r t X X V I of the Pr inc ipa l Act is amended—

(a)	by omitting from subsection two of section five hundred and thir ty-nine all words following the
words " o f that s e c t i o n " ;
(b)	by omitting from subsection (2A) of the same
section the words and symbols " p a r a g r a p h ( g l )
or p a r a g r a p h ( g 2 ) " and by inser t ing in lieu
thereof the word and symbols " p a r a g r a p h

( g 3 ) " .

23 .      P a r t X X V I I of the Pr inc ipa l Act is amended—

(a)	by omitting from subsection five of section five
hundred and forty-eight the word " K u -

r i n g - g a i " ;

(b) by omitting section 549A and by inserting in lieu thereof the following section:—

549A. (1) (a) The Governor may, if in his opinion circumstances have ar isen render ing it advisable so to do, by proclamation order that an urban committee shall be abolished, and make such fur ther orders as in the circumstances he may deem necessary.

(b) Upon the abolition of the urban

committee any u rban committeeman for the time

being holding office on tha t committee shall be

deemed to have re t i red from office.

(2) The Governor may, wi thout regard to the procedure prescribed by section five hundred and forty-eight of this Act, if in his opinion circumstances have ar isen render ing it advisable so to do, by proclamation again estab­ lish an u rban committee so abolished.

(c) by omit t ing p a r a g r a p h (d) of subsection two of

section five hundred and fifty-two.

24.     P a r t XXTX of the Pr inc ipa l Act is amended—

(a) by inserting at the end of section live hundred and sixty-one the following new subsection:—

(G) (a) The council of a county distr ict may be described as " t h e Council of the

County D i s t r i c t " or as " t h e County

Counci l . "

(b) This subsection shall be deemed to have come into operat ion on the first day of J a n u a r y , one thousand nine hundred and twenty.

(b) (i) by inser t ing next af ter subsection four of section five hundred and sixty-two the fol­ lowing new subsection:—

(4A) (a) (i) The Minis ter may, from t ime to t ime af ter the first election of dele­ gates to the county council, redetermine the number of delegates au thor ised or fixed to be elected for each county electorate.

(ii) Wi thou t prejudice to the genera l i ty of s u b p a r a g r a p h (i) of para­ g r a p h (a) of this subsection where any a rea the whole or p a r t of which comprises or is included in a county electorate is al tered p u r s u a n t to P a r t Three of this Act the Minis ter may a t any t ime af ter such al tera­ tion rede termine the number of delegates

author ised or fixed to be elected for each

county electorate.

(b) Any a l tera t ion, in pursuance of p a r a g r a p h (a) of this subsection, of the number of delegates au thor ised or fixed to be elected for a county electorate shall not affect the represen ta t ion of the electorate on the county council unti l the next follow­ ing genera l election of the county council or such ear l ier t ime as may be p ro ­ claimed.

(ii)

(ii)   by inserting in subsection five of the same section after the word " m a y " the words

' ' from time to t i m e ' ' ;

(iii)   by inserting in the same subsection after the

word " c o m b i n e " the words " o r a l ter the

combination of" ;

(iv)   by inserting in the same subsection after the

word " c o m b i n i n g " the words " o r so

a l te r ing the combination of" ;

(v)   by omitting from the same subsection the word " c o u n c i l s " where it firstly and secondly occurs and by inser t ing in lieu thereof the words " a r e a s or p a r t s of a r e a s " ;

(vi)   by inserting at the end of the same sub­ section the following words :—

Provided tha t the appoin tment of the number of delegates to be elected by an electorate al tered by the a l tera t ion of the combination of a reas or p a r t s of a reas shall not affect the representa t ion of the elec­ to ra te on the county council unt i l the next following general election of the county council or such earl ier t ime as may be proclaimed.

(c)	by inserting next after subsection four of section five hundred and sixty-three the following new subsection:—
(4A) A delegate of a council concerned who is in office as cha i rman of a county council imme­

diately before—

(i)   a periodical election of delegates to the county council; or

(ii)   an ordinary election of aldermen or councillors of the council concerned,

may, if re-elected a t such periodical or o rd inary election as a delegate or as an a lderman or councillor as the case may be, continue in office as cha i rman unt i l his successor is elected or appointed.

(d)

(d) by inserting at the end of subsection four of section five hundred and sixty-four the follow­ ing new proviso :—

Provided fur ther tha t any amounts borrowed or ra tes levied by the county council shall not affect the limits of borrowing or ra t ing of the councils of the a reas wholly or par t ly included in the county distr ict .

(e) (i) by omit t ing from subsection one of section 564B all words from the commencement of the subsection down to and including the words " s h a l l have effect" and by insert ing in lieu thereof the following words :—

" W h e r e by a proclamat ion under section five hundred and sixty-four of this Act the powers and duties in relat ion to any works (other than works for the purpose of the supply of wa te r or electricity in bulk only) which a re vested in the council of an area wholly or par t ly included in a county district or the control and management of which a re vested in such council, a re delegated to the council of such county dis t r ic t then, as from the date appointed by the Governor as stated in the proclamation of such delegation (in this section here inaf ter referred to as ' t h e da te of delegat ion ' ) the following provisions shall have effect" ;

(ii)    by inser t ing next af ter p a r a g r a p h (1) of the

same subsection the following new para­

g raph :—

(m) (i) E v e r y person who immediately before the date of delegation was a se rvant of a council concerned and who was wholly or princi­ pal ly employed on or in connection with any such works shall on such date (subject to any agreement which may be entered into between the county council,

the

the se rvant and the council con­

ce rned)—

(a)	be t r ans fe r r ed to the ser­ vice of the county council; and
(b)	become a servant of the county council; and
(c)	be paid salary or wages at the ra te a t which he was
employed immediately

before the da te of delega­ tion unt i l such sa la ry or wages is or a re var ied or a l tered by the county council; and

(d) be deemed to have been appointed and employed by the county council under the provis ions of this Act.

The person so t rans­ ferred shall on and from the da te of delegation until otherwise directed by the county council con­ t inue to per form the duties which at tached to

his employment imme­

diately before the da te of

delegation.

(ii)   Where any condition of employ­ ment of any person so t r ans ­ fer red to the county council is at the date of his t r ans fe r regulated by an award or indust r ia l agree­ ment , such condition shall con­ t inue to be so regula ted unt i l an award regula t ing such condition and binding the county council is made by a competent t r ibunal , or such condition is regulated by

an

an indus t r ia l agreement to which
the county council is a par ty .

(iii)   The period of service with the council of one or more munici­ pali t ies, shires or county dis t r ic ts under this Act of any person so t r ans fe r r ed shall upon such t r ans fe r be counted as service with the county council for the purposes of this or any other Act or of any ordinance, regulat ion, or by-law or of the te rms and conditions of any staff agree­ ment or of any a w a r d or agree­ ment made under the Indus t r i a l

Arb i t r a t ion Act, 1940, as

amended by subsequent Acts.

(iv)   The transfer of any person under this p a r a g r a p h shall not affect any r ight to leave (including long service leave) of absence accrued pr ior to such t ransfer .

(v) If any person t r ans fe r red under

this p a r a g r a p h , within a per iod

of twelve months from the da te of his t ransfer , resigns his posit ion with the county council, except in ant ic ipat ion of termi­ nat ion of his employment for misconduct, or if the employ­ ment of any person t ransferred

under this p a r a g r a p h is termi­

na ted by the county council otherwise t han for misconduct wi th in a period of two years from the da te of his t r ans ­ fer, the county council shall g r a n t to him a g ra tu i ty equiva­ lent to the amount of four weeks ' sa lary or wages for each yea r of service, such sa lary or wages being reckoned a t the r a t e subsis t ing a t the da te of his

t ransfer . This

This s u b p a r a g r a p h shall apply

only to a person who has been employed continuously by the council of any one or more muni­ cipalities, shires or county dis­ t r ic ts under this Act for a period of not less than one year imme­ diately preceding the day of his t rans fe r to the service of the county council.

(vi)   Where a person who is trans­ fe r red under this p a r a g r a p h was engaged by a council concerned under a subsist ing contract of service which provides for pay­ ment of compensat ion in the event of the te rminat ion of his employment, and the employ­ ment of such person is, before the expira t ion of the per iod of the contract , t e rmina ted by the county council otherwise than in accordance with the t e rms of such contract the county council shall pay to such person the amount of compensation pro­ vided for in the contract , and if the amount of such compensa­ tion be less than the amount that would be payable to such person

under subpa rag raph (v) of this

p a r a g r a p h , shall also pay to him

a g ra tu i ty equivalent to the dif­
ference.

A person who is enti t led to receive any compensation or compensation and g ra tu i ty under this subpa rag raph shall not be deemed enti t led to receive a g ra tu i ty under subparagraph

(v) of this p a r a g r a p h .

(vii)

(vii)  The provisions of the Local Gov­ ernment (Superannua t ion) Act, 1927, as amended by subsequent Acts , shall continue to apply to and in respect of any person t r ans fe r r ed under this para­ g r a p h in like manne r and to the same extent as the said Act would have applied if this para­ g r a p h had not been enacted.

(viii) A servant of a council who at the da te of the delegation is engaged in war service as defined in the Defence Act 1903

of the P a r l i a m e n t of the Com­

monweal th of Aus t ra l i a , as amended by subsequent Acts , and who previously to his enlistment was wholly or pr incipal ly em­ ployed on or in connection with any such works shall for the purposes of this p a r a g r a p h be deemed to be so employed and his war service as well as his previous service with the council shall be counted as service with the council for the purposes re fer red to in subpa rag raph

(iii) of this p a r a g r a p h and he

shall be deemed to have been employed continuously by the

council for the purposes of

s u b p a r a g r a p h	(v)	of	this	para­
g raph .

(iii)   by omitting subsection two of the same sec­ t ion and by inser t ing in lieu thereof the fol­ lowing subsection:—

(2) W h e r e by a proclamat ion under sec­ tion five hundred and sixty-four of this Act the powers and duties re la t ing to works for the supply of gas or electricity (other than works for the purpose of the supply of gas

or

or electricity in bulk only) which are con­ ferred or imposed on the council of an a rea wholly or par t ly included in a county dis­ trict , including the powers and dut ies con­ ferred and imposed by section four hundred and twenty of this Act, a re delegated to the council of such county distr ict , and a t the date of delegation there is in existence an agreement under section four hundred and twenty of this Act entered into by the coun­ cil of such a rea as aforesaid with some other person, which agreement relates to the supply of gas or electricity by tha t other person to the public, then as from the da te of delegat ion such agreement shall be deemed to be an agreement entered into by the county council with such other person.

(f)	by inserting next after section five hundred and sixty-five the following new Division:—
DIVISION 4A.—Aboli t ion of county district and

dissolution of county council consequent

upon union of areas of constituent councils.

565A. (1) W h e r e all of the a reas or p a r t s of a reas included in a county dis t r ic t a re united in pursuance of P a r t I I I the county council for such county dis t r ic t shall, by vir tue of this section and notwi ths tanding the provi­ sions of subsection five of section five hundred and sixty-one and of subsection five of section five hundred and sixty-four of this Act, be abolished and the county council shall by vi r tue

of this section be dissolved. (2) Upon and af ter the day (herein­
af ter in this section re fer red to as " t h e
appointed d a y " ) upon which such union be­ comes effective the powers , author i t ies , duties and functions of the county council shall be exercised and performed by the council of the area const i tuted by such union (hereinaf ter in this section refer red to as " t h e council of the united a r e a " ) and the council of the united area shall be in law the successor of the county

council. (3)

(3) On and from the appointed day the

following provis ions shall have effect:—

(a)	All real and personal property and all r ight and in teres t therein and all management and control of any land or thing which, immediately before the appointed day, is vested in or belongs to the county council shall vest in and belong to the council of the united area. No a t to rnmen t by a lessee of any land vested in the council of the united a rea by th is section shall be necessary.
(b)	All rates, moneys, liquidated and un­ l iquidated claims which, immediately before the appoin ted day, a re payable to or recoverable by the county council shall respectively be ra tes , moneys, l iquidated and unl iquidated claims pay­ able to or recoverable by the council of the uni ted area .
(c)	All suits, actions, and proceedings pend­ ing immediate ly before the appointed day a t the suit of the county council shall respectively be suits , actions, and proceedings pending a t the suit of the council of the uni ted area .
(d)	All contracts, agreements and under­ takings entered into with and all securit ies lawfully given to or by the county council, and in force immediately before the appoin ted day, shall be deemed to be contracts , agreements and

under tak ings entered into with and securit ies lawfully given to or by the

council of the uni ted area .

(e) The council of the united area may pu r sue the same remedies for the recovery of such ra tes , moneys and claims and for the prosecut ion of such suits , actions, and proceedings as if the same had originally been payable to and recoverable by or ins t i tu ted a t the suit of such council.

(f)

(f)	The council of the united area may en­ force and realise any securi ty or charge exist ing immediately before the appoin ted day in favour of the county council in respect of any such ra tes , moneys and claims as if such securi ty or charge were exist ing in favour of the council of the united area .
(g)	All debts due and moneys payable by the county council and all claims liqui­ dated and unl iquidated recoverable agains t the county council shall be debts due and moneys payable by and claims recoverable agains t the council of the united area .
(h)	All debts of the county council existing immediately before the appoin ted day shall be secured over the revenue of the council of the uni ted a rea in the same way, and to the same extent in every respect , as such debts were imme­ diately before the appoin ted day secured over the revenue of the county council, and the p r io r i ty of securi ty in the revenue of the council of the united a rea shall be as prescribed.

(i)   Where for the fulfilment of its obliga­ t ions or under tak ings the county coun­ cil is requi red by law to levy loan ra tes , the council of the uni ted a rea shall be deemed to be subject to the like

provisions of this Act re la t ing to such requirement , and in respect thereof the

ra tes shall apply.

(j) Where for the fulfilment of its obliga­ tions or under tak ings the county council has lawfully borrowed moneys, or has entered into contracts in pursuance of section five hundred and seventeen of this Act, or is au thor ised to borrow moneys, and the pr incipal amount

owing

owing in respect of such loans and con­ t rac t s and the amounts of any loans author ised but not ra ised by the county council together with the principal amount owing in respect of any loans raised and contracts entered into in pursuance of section live hundred and seventeen of this Act and the amounts of any loans authorised but not raised by the councils of the a reas united exceed the limit of borrowing of the council of the united a rea prescribed by this Act, it shall be deemed to be lawful for such limit of borrowing to be so exceeded by the council of the united area,

(k) The provisions of section 20c of this Act re la t ing to se rvants shall on and after the appointed day apply, muta t i s mutandis , to and in respect of the ser­ van ts of the county council, and any reference in such section to the council of the new area shall be read and con­ s t rued as a reference to the council of the united area.

25.     P a r t X X X of the Pr inc ipa l Act is amended—

(a) by omitting subsection six of section five hun dred and eighty and by inser t ing in lieu thereof the following subsection:—

(6) E v e r y such action shall be commenced

within the period of twelve months next af ter

the occurr ing of the cause of action. Such per iod is in this subsection referred to as " t h e

prescr ibed p e r i o d " :

Prov ided tha t where an application is made to a judge of the Supreme Cour t in accordance with rules of court for an extension of the pre­ scribed period, the judge may, if he is satisfied that sufficient cause has been shown, or that hav ing r e g a r d to all the circumstances of the case, it would be reasonable so to do, make an

o rder

order for extension of the prescr ibed per iod for such fur ther per iod and subject to such te rms and conditions (if any) as may be set out in the order .

Such applicat ion for extension may be made either within the prescr ibed per iod or at any time within twelve months thereaf ter .
Any person who is dissatisfied with the de­ cision of the judge on any such applicat ion may appeal to the Supreme Court and tha t court may on the appeal make any order which ought to have been made in the first instance.

Eve ry such appeal shall be made in accord­ ance with rules of court .

(b) by inserting at the end of subsection two of section five hundred and eighty-one the w o r d s : —

Rules of cour t may be made under the Distr ic t Cour ts Act, 1912, as amended by subse­ quent Acts, prescr ib ing the fees to be paid by ei ther or both of the par t i es in relat ion to the submission, hear ing and determinat ion of a reference under this section, and the making of an order with respect to the claim.

(c) (i) by inser t ing in p a r a g r a p h (a) of subsection

two of section six hundred and three next after the word " s e l l " the words " i n one lot of adjoining parcels or in separa te p a r c e l s " ;

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

(6) Where any land has been subdivided and a por t ion sold under this section any unpaid ra tes in respect of such land may be appor t ioned accordingly on the recom­ mendat ion of the Valuer-General .

(d) by omitting from section 603A the words "the Public Trus tee af ter obtaining a valuat ion of the land from the Valuer-General is reason­ ably of opinion tha t the proceeds of the sale thereof would not exceed the total of the fees and expenses of the Public Trus tee and the ra tes or charges due to the council, he m a y " , and

by

by inse r t ing in lieu thereof the words " t h e amount of the improved value of the land for the t ime being in force under the Valuat ion of Land Act, 1916, as amended by subsequent Acts , is less than the total amount of the est imated fees and expenses of the Public Trus tee on such sale and the r a t e s and charges due to the coun­

cil the Public Trus tee s h a l l " ;

(e)	by omitting from subsection one of section six hundred and eight the words " W h e r e the balance of the purchase money does not exceed five hundred pounds, the Public T rus t ee may pay and dis t r ibute the b a l a n c e " and by inser t ing in lieu thereof the words " T h e Public Trus tee may dis t r ibute the balance of the purchase m o n e y " ;
(f)	by omit t ing section six hundred and n ine ;

(g) (i) by omit t ing from subsection one of section six hundred and eleven the words " a n d t rans fe r the same to the counc i l " and by inser t ing in lieu thereof the words " t h e

same to the T r e a s u r y " ;

(ii)   by omitting from subsection two of the same section the words " t h e Supreme Court in its equitable jur isdict ion on applicat ion by the council shall, unless the court deems tha t there is some special reason to the cont rary , order tha t the balance or any p a r t thereof, as the case may be, be pa id t r ans fe r r ed and

delivered out to the council :
Prov ided tha t nothing in this subsection shall preclude the council from making any subsequent a p p l i c a t i o n " and by inser t ing in lieu thereof the words " t h e Master in Equ i ty shall pay the same to the T r e a s u r y " ;
(iii)	by omitting subsections three, four and five of the same section and by inser t ing in lieu thereof the following subsection:—

Any sum paid to the T r e a s u r y under subsections one and two of this section shall

(3)

be car r ied to a special t r u s t account.

On

On proof to the Supreme Cour t in i ts equitable jur isdict ion made a t any time tha t any person is enti t led to such sum or any p a r t thereof the Court on applicat ion by the person claiming to be enti t led may order the T r e a s u r e r to pay to such person the whole or any p a r t or the money so pa id to the T r e a s u r y but wi thout in te res t thereon.

(h) by inserting at the end of section six hundred and fifteen the following new subsect ion:—

(o) (a) W h e r e the charge or fee is payable by a ra table person and the ra table person has had a verdict or judgment given aga ins t him for the amount of the charge or fee and has not paid the amount of such verdict or judgment the council may serve upon any person in occupation of the land in respect of which the charge or fee was incurred a notice of the amount of such verdict or judgment and a demand tha t any rent then due or thereaf ter to become due by such person in respect of the land be paid by him as it falls due to the council in l iquidation of the amount of the verdict or judgment .

(b) I n default of payment of ren t as aforesaid the council may recover the amount of the demand, or any outs tanding por t ion thereof as a debt.

(c) A n y payment to the council under
this section shall be a valid discharge to the
paye r for r en t equivalent to the amount of such

ever. payment as aga ins t all other persons whomso­ (d) Nothing in this section shall apply to
a person who is in occupation for or on behalf
or as the servant of the Crown or of any council;

(i) by inserting at the end of section six hundred

and forty-four the following new subsection:—

Wi thou t prejudice to the genera l i ty of the foregoing provisions of this section any member of the police force may without any other war­ r a n t than this Act apprehend and take before any court of summary jurisdict ion, there to be

(4)

dealt

dealt with according to law, any person who con t ra ry to the provis ions of this Act or of any ordinance made the reunder dr ives any animal or vehicle in a public place while he is under the influence of intoxicat ing liquor.

26. (1) Schedule Three to the Pr inc ipa l Act is amended by inser t ing in subsection one of section four­ teen af ter the word " v a l u e r s " the words " w h o shall hold a certificate as prescr ibed and b e " .

(2) Schedule Seven to the Pr inc ipa l Act is amended by omit t ing therefrom	the head ing " C l a s s D""
and the m a t t e r appea r ing under t ha t	heading.

P A R T I I I .

MISCELLANEOUS.

27. The Grea te r Newcastle Act, 1937, as amended by subsequent Acts , is amended by omit t ing section th i r ty- five.

P a r t I V of the P a s t u r e s Protec t ion Act, 1934, as amended by subsequent Acts , is amended by inser t ing at the end of section sixty-six the following new sub­ section :—

28.

W h e r e a public road runs through a t rave l l ing stock reserve which is sufficiently fenced on both sides the road shall for the purposes of this section be deemed to form p a r t of the t ravel l ing stock reserve.

(4)

29. (1) The Count ry Towns W a t e r Supply, Sewerage

and Dra inage (Reduction of Debts) Act, 1934, is amended by omit t ing from the fifth and sixth columns re­ spectively of the Second Schedule the figures " 2 2 1 . 1 1 . 9 "

and " 1 8 9 . 6 . 4 " opposi te the word " B e r r i g a n , " and by

inser t ing in lieu thereof respectively the figures

"371 .11 .9" and "339 .6 .4 . "

(2) Subsection one of this section shall be deemed to have commenced upon the first day of J a n u a r y one thousand nine hundred and thi r ty-four .

The acceptance by the Colonial T reasu re r , subject t o validation, of payment by the council of the munici­ pa l i ty of Dubbo of an amount of twelve thousand five hundred pounds in full repayment of the sum of fifteen thousand three hundred and eighty-six pounds being the balance of an advance of seventeen thousand pounds made by the Minister to the said council for the construction of public swimming ba ths is hereby validated.

30.

3 1 . In any proceeding by the council of the munici­ pal i ty of Cessnock for the recovery of any rates made du r ing the year one thousand nine hundred and twenty- seven or dur ing any subsequent year up to and including the year one thousand nine hundred and thir ty-nine the council shall not be debar red from recovering such ra tes by reason only of any defect or insufficiency in any affi­ davi t as to service by post of a r a t e notice sworn by the person now deceased who was employed as town clerk by the said council a t the t ime such ra tes were made.

1. (1) The payment to the Colonial T r e a s u r e r by

any council named in the first column of Schedule I to this Act of the amount specified in the th i rd column of the said Schedule in respect of the work indicated in the second column of the said Schedule respectively opposite the name of such council shall notwi ths tanding any pro­ vision in any Act to the con t ra ry be accepted by the Colonial T r e a s u r e r in full set t lement of any liability of the council to the Colonial T r e a s u r e r in respect of such work.

(2) Any debt of in teres t incurred under P a r t X I V

of the Local Government Act, 1919, as amended by subse­ quent Acts, and owing to the Colonial T r e a s u r e r by any council named in the first column of Schedule I I to this

of the said Schedule opposite the name of such council	Act in respect of the work indicated in the second column
is hereby extinguished.
33 . Any liability of the Blaxland Shi re Council to the Colonial T r e a s u r e r incurred under P a r t XIV of the Local Government Act, 1919, as amended by subsequent Acts, in respect of the Back Creek Dam constructed in connec­ tion with the Po r t l and wa te r supply work is hereby extinguished.

S C H E D U L E S .

S C H E D U L E S .

SCHEDULE I.

Payments to be accepted by the Treasurer in full settlement of

liabilities of certain councils in respect of certain works.

F I R S T COLUMN. SECOND COLUMN. T H I R D COLUMN.

Amount paid by

council to be accepted in full

Council. Work. settlement of liability to Treasurer.

£ s. d.

Berry Municipal Council...	(a) Berry Water Supply	3,000	0	0
(b) Bolong Farms Water	12,300	0	0

Supply.

Casino Municipal Council... Stormwater drainage ... 5,749 11 -1

Cowra Municipal Council Water supply and 58,205 11 6

sewerage.

Dubbo Municipal Council Water supply and 146,000 0 0

sewerage.

Forbes Municipal Council Water supply and 69,468 18 7

sewerage.

Kyogle Shire Council	Kyogle water supply ...	13,500	0	0
Nattai Shire Council	Burradoo water supply	3,150	0	0
Warren Municipal Council	Water supply ...	2,000	0	0

Wentworth Municipal Water supply 4,784 1 10

Council.

SCHEDULE II.

Councils whose interest debts to the Treasurer in respect of certain

works are extinguished.

Second Column.

F I R S T COLUMN.

Council. Work.

Albury Municipal Council South Albury

Sewerage.

Balranald Municipal Council	Water supply.
Lithgow Municipal Council	Sewerage.
Mudgee Municipal Council	Water supply.
Murwillumbah Municipal Council	Water supply.
Nyngan Municipal Council	Water supply.
Orange Municipal Council	Water supply.
Peak Hill Municipal Council	Water supply.

W O R K E R S '