Local Government and Harbour Boards (Triennial Elections) Act of 1955 (4 Eliz Ii No. 1) (Qld)

LOCAL AUTHORITIES. 4 E liz . II. No. 45, 1955. Local Government Acts Amendment Act. 259 LOCAL AUTHORITIES. An Act to Amend “ The Local Government Acts, 1936 to 1954,” in certain particulars. [A ssented to 2 nd D ecember , 1955.] 4 jK1- LOCAJi A cts act ™wfs. B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :—' 1. (1.) This Act may be cited as “ The Local short title. Government Acts Amendment Act of 1955.” (2.) *“ The Local Government Acts, 1936 to 1954,” ^[itIlcipal are in this Act referred to as the Principal Act. ' (3.) The Principal Act and this Act may be Collective collectively cited as “ The Local Government Acts, 1936tlte' to 1955.” 2. Subsection one of section 4 a of the Principal ^e“^ment Act is amended by repealing paragraphs (ii.) and (Hi.) ° s' A ' thereof and inserting, in lieu of those repealed paragraphs, the following paragraphs, namely :— “ (ii.) A person may be appointed to be the Director under the provisions of this Act and f“ The Public Service Acts, 1922 to 1955,” but an appointee not so appointed shall be appointed upon and subject to such conditions, including with respect to the term of his appointment, retirement from or vacation of office by him, and salary, as the Governor in Council shall fix ; (Hi.) The person appointed under this Act and f“ The Public Service Acts, 1922 to 1955,” to be the Director before the date of the passing of The Local Government Acts Amendment Act of 1955,” and holding office as the Director at that date shall be deemed to have been appointed the Director under this Act and t“ The Public Service Acts, 1922 to 1955,” but without * 1 G. 6 No. 1 and amending Acts. t 13 G. 5 No. 31 and amending Acts. This Act.

260 LOCAL AUTHORITIES. LocalGovernmentActs AmendmentAct. 4 E liz . II. No. 45, the limit of time fixed in relation to that appointment and shall without further appointment hold and continue to hold that office accordingly.”. Amendment of s. 35. 3. Section thirty-five of the Principal Act is amended by inserting, after subsection ten, the following subsection:— “ [10 a .] (i .) This subsection does not apply to any realignment to be effected in compliance with the requirements of a town planning scheme finally approved by the Governor in Council. (ii.) The Local Authority may, at any time before any realignment has been completely carried into effect, determine not to proceed further with that realignment or a part thereof. (in.) The Local Authority shall serve notice of its determination not to proceed further with a realignment or part of a realignment upon all owners (as at the time when it so determines)— (a) Of any lands in respect whereof that Local Authority served the notice specified in paragraph (ii.) of subsection ten of this section; and (b) Of any lands which, consequent on the realignment having been effected in part, abut upon the realigned boundary of the road in question. That notice shall specify the provisions of paragraphs (v.), (vi.), and (vii.) of this subsection. (iv.) Upon determining not to proceed further with a realignment or part of a realignment the Local Authority shall withdraw any notice of that realignment (or, in the case of a part of a realignment, any such notice so far as it relates to that part) lodged with the Registrar of Titles for registration but not then registered by him and, where such a notice has been registered by the said Registrar, shall register a notice of its determination not to proceed further with the realignment or, as the case requires, part of a realignment.

1955. LOCAL AUTHORITIES. LocalGovernment ActsAmendment Act. (v.) Upon the Local Authority determining not to proceed further with a realignment or part of a realignment every owner of land abutting upon the realigned boundary (or part in question of the realigned boundary) of the road in question shall have the right to recover by purchase any land between the old and new alignments which, by reason of having been taken or acquired for effecting the realignment, was severed from the land owned by him. The purchase price shall be the unimproved value to the purchaser. The Local Authority and the owner may agree upon the purchase price. Failing agreement as aforesaid the owner may, at any time within (but not later than) twelve months after the service on him of the notice specified in paragraph (in.) ofthis subsection, apply to the Land Court to determine the purchase price of the land which, pursuant to this paragraph ( v .), he is entitled to recover by purchase and that Court shall thereupon determine that price. Upon payment of the purchase price as agreed upon or determined as aforesaid, the land shall be deemed to be excluded from the road and the Local Authority shall assure, convey or transfer to the owner the land for— (а) An estate of freehold ; or (б) In the case of land which when acquired or taken for effecting the realignment was held from the Crown for a lesser estate than freehold, that lesser estate, and for enabling it so to do the Local Authority shall be deemed to hold the land from the Crown for the estate therein to be assured, conveyed or transferred as aforesaid. (vi.) (a) Save as provided by this paragraph, no owner or occupier of land or other person whomsoever shall have any claim, right or remedy against the Local Authority for compensation or damages or otherwise howsoever consequent upon the Local Authority having ceased to proceed further with any realignment or any part of a realignment. 261

262 LOCAL AUTHORITIES. LocalGovernmentActsAmendment Act. 4 E liz . II. No. 45,1955. (6) Where, when the Local Authority determines not to proceed further with a realignment or a part of a realignment, the structural improvements upon any land abutting upon the road in question are related to the realigned boundary of that road, and those structural improvements have been so related consequent upon that realignment, then the Local Authority shall make to the owner compensation for any diminution in the value of his property resulting from the determination. The compensation shall be the difference between the values respectively of the property before and after the determination. (c) The Local Authority and an owner of land may agree upon the compensation to be made to that owner under this paragraph. Fading agreement as aforesaid the compensation shall be determined by the Land Court and, for the purposes of such determination, the provisions of *“ The Public Works Land Resumption Acts, 1906 to 1955,” relating to the making, hearing and determination of claims for compensation for land taken under those Acts shall, with and subject to all necessary adaptations, apply. (vii .) Any land recoverable by an owner pursuant to this subsection and not recovered by him shall continue to be included in the road in question but without prejudice to any power to exclude that land from that road otherwise than pursuant to this subsection.” * 6 E. 7 No. 14 and amending Acts.