Local Government (Further Amendment) Act 1952 (NSW)

LOCAL GOVERNMENT (FURTHER AMENDMENT)

ACT.

Act No. 53, 1952.

An Act to amend the Local Government Act, 1919, as amended by subsequent Acts, and certain other Acts in certain respects; to validate certain matters; and for purposes connected therewith. [Assented to, 4th December, 1952.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis-	lative Council and Legislative Assembly of New South
"Wales in Parliament assembled, and by the authority of the same, as follows:—
1 . (1) This Act may be cited as the "Local Govern- ment (Further Amendment) Act, 1952". (2)

(2) This Act shall commence upon a d a y to be appointed by the Governor and notified by proclamat ion published in the Gazette .

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

subsequent Acts , is in this Act re fer red to as the Pr inc ipa l
Act.

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

(a) by omit t ing from the m a t t e r re la t ing to P a r t

X X I V in section three the figures ' ' 530 ' ' and by

inse r t ing in lieu thereof the figures and symbol " 5 3 0 A " ;
(b)	by inserting in the same section next after the
m a t t e r re la t ing to P a r t X X I V the words , figures
and symbols " P A R T X X I V A — L O C A L DISTRICTS

—ss. 530B-530I";

(c) by omit t ing from the m a t t e r re la t ing to P a r t

X X V in the same section the figures " 5 3 6 " and

by inser t ing in lieu thereof the figures a n d

symbol " 5 3 6 E " .

(2) P a r t I I I of the P r inc ipa l Act is amended—

(a) by inserting at the end of section 20B the following new subsect ion;—

(6) ( a ) All rea l and personal p r o p e r t y and

all r igh t and in teres t there in and all manage­ ment and control of any land or th ing which, immediate ly before the union of the a reas , was vested in or belonged to the councils of the a reas united, shall vest in and belong to the council of

the uni ted a rea .

(b)

(b) All r a t e s , moneys, l iquidated and

unl iquidated claims, which, immediate ly before the union of the a reas , were payable to or recoverable by the respective councils of the a reas uni ted shall respectively be ra tes , moneys, l iquidated and unl iquidated claims payable to or recoverable by the council of the united area.

(c) All suits , act ions and proceedings pending immediately before the union of t h e a reas a t the suit of each of the councils of t h e a reas uni ted shall respectively be sui ts , ac t ions 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 law­ fully given to each of the councils of the a r e a s uni ted and in force immediately before the union of the a reas shall be deemed to be contracts , agreements and under tak ings entered into with and securit ies given to the council of

the uni ted a rea .

(e) The council of the uni ted a r ea m a y pu r sue the same remedies for the recovery of any such ra tes , moneys and claims and for t he prosecut ion of such suits, act ions and proceed­ ings as if the same had originally been payable to and recoverable or ins t i tu ted a t the suit of such council.

ing immediately before the union of the a reas	enforce and real ise any securi ty or charge exist­(f) The council of the uni ted a rea may
in favour of each of the councils of the a r ea s uni ted 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 uni ted area .

b)	by omit t ing from s u b p a r a g r a p h (i) of p a r a ­ g r a p h (q3) of subsection one of section twenty-
one the words " l i m i t s of t h e " .

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

(a ) ( i) by omit t ing from p a r a g r a p h (c) of sub­

section one of section twenty-eight the words " P r o v i d e d tha t expenses shall not be pa id to or on behalf of more than two members of the council under this p a r a ­ g raph , and tha t th is p a r a g r a p h shall not

app ly to the conferences here inaf ter	p ro ­
vided	f o r ' ' ;

(ii) by inse r t ing in p a r a g r a p h (d) of the same

subsection af ter the word " A u s t r a l i a " the

words " o r	of the Aus t r a l i an	Council of
Local	Government	A s s o c i a t i o n s " ;

(iii) by omit t ing from the same p a r a g r a p h the

words " P r o v i d e d tha t expenses shall no t be pa id to or on behalf of more than two members of the council under th is p a r a ­ g r a p h " and by inser t ing in lieu thereof the words " o r to and from any meet ing of any regional council or of any regional develop­

ment commi t t ee . "

(b)

by inserting next after section twenty-eight the following new sect ion:—

28A. (1) The council m a y insure or may itself provide for the insurance of members of the council aga ins t personal injury, whether fa ta l or not , a r i s ing out of or in the course of thei r a t tendance a t any meet ing of the council or a committee thereof which they a re au thor ised or requ i red to a t t end or a r i s ing out of or in the course of any jou rney under taken by them for which the council is au thor ised by section twenty-eight of this Act to p a y them a n allowance. (2)

(2 ) In respect of any such contract of insurance the council shall be deemed to have •an insurable interest .

(3) A n y sum approp r i a t ed by the

-council for the insurance of i ts members , or any sum received by the council u n d e r any such contract , af ter deduct ing therefrom any expenses incu r red in the recovery thereof, shall be pa id by it to , or to the personal representa t ives of, the member in respect of whom the sum was

app rop r i a t ed or received.

(4) Notwi ths tanding any th ing contained

in this Act, a member of the council shall not by reason of his being insured under this section be disqualified for a civic office nor from taking p a r t , a t a n y meet ing of the council, in the discussion of or vot ing on any m a t t e r re la t ing to the insurance of members of the council unde r this section, not being a claim made by him or on his behalf.

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

(a)	by omitting subsection two of section sixty-six and by inser t ing in lieu thereof the following subsections:—
(2) A person qualified for enrolment as owner or as r a t epay ing lessee in any w a r d or
ano ther wa rd or r id ing of the same a r ea as r id ing who is also qualified for enrolment in

owner or as r a t epay ing lessee shall no t be enrolled unde r both of these qualifications. H e m a y give notice to the clerk naming the wa rd or r id ing in which he elects to be enrol led; and fa i l ing such notice within the time prescr ibed t h e clerk may decide the question.

(2A) A body corpora te which nominates or
t rus tees who nominate a person for enrolment
on the roll for a wa rd or r id ing of an a rea

18051—10 p u r s u a n t

pursuant to any of the following paragraphs, that is to say, paragraph (b) of section fifty-two or paragraph (c) of section fifty-three, or para­ graph (b) of section fifty-four of this Act, shall not be entitled to nominate a person under any other of those paragraphs for enrolment on the roll for the same ward or riding, or on the roll for any other ward or riding of the same area.

(b) by inserting in section 74A after the words "every elector" the words "whose place of living is within the area and" .

(2) Schedule Eight to the Principal Act is amended by inserting in the material to be inserted on the back of Forms 2 and 3 after the word "e lec tor" where lastly occurring the words "whose place of living is within the area and".

(3) (a) (i) For the purposes only of the prepara­ tion in the year one thousand nine hundred and fifty- three of any rolls required by or under the Principal Act to be prepared by the council of each area and of matters necessary for or incidental to such preparation, paragraph (a) of subsection one of this section shall be deemed to commence upon the date of commencement of this Act.

(ii) Upon the eighth day of October, one thousand nine hundred and fifty-three, paragraph (a) of subsection one of this section shall come into operation for all purposes.

(b) (i) During the period commencing on the

date of commencement of this Act and ending upon the eighth day of October, one thousand nine hundred and fifty-three, the provisions of this paragraph shall have effect.

(ii) Notwithstanding anything contained in the Principal Act, as amended by this Act, at any election of aldermen or councillors of any area a person who is enrolled in respect of more than one ward o r riding of that area shall not vote in respect of more than one of those wards or ridings.

(iii)

(iii) Any person who contravenes the provisions of subparagraph (ii) of this paragraph shall be liable upon summary conviction to a penalty not exceeding fifty pounds.

6. (1) Tart VII of the Principal Act is amended—

(a) (i) by inserting at the end of subsection five of section one hundred and ten the following paragraph:—

The provisions of this subsection shall except for the purposes of section 78BB of the Liquor Act, 1912, as amended by subse­ quent Acts, cease "to apply to any surplus as aforesaid for any year commencing after the thirty-first day of December, one thousand nine hundred and fifty-one.

(ii)  by inserting in subsection seven of the same section after the words " t rading fund" where secondly occurring the words " o r except in relation to transfers made in pursuance of the proviso to subsection four of this section";

(b) by inserting next after section one hundred and eighteen the following new section:—

118A. The general rate levied upon a mine

worked for the purpose of mining for any
minerals other than coal and shale shall not
exceed threepence in the pound upon the

unimproved capital value.

(c)	by omitting subsections (1B), three, four, five, six and seven of section one hundred and twenty;
(d)	by omitting subsections three, four, five, six and seven of section one hundred and twenty- one;

(e)

(e) (i) by omitting from subsection two of sections one hundred and twenty-two the words "and upon the question whether the rate shall be on the unimproved capital value or improved capital value of ratable l and" ;

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

(3) The requisition shall state the

purpose for which the local rate is to be levied and the amount of the proposed rate.

(f)	by omitting section one hundred and twenty five;
(g)	by omitting subsections two and three of section one hundred and twenty-eight;
(h)	by omitting section one hundred and twenty- nine ;

(i) by omitting section one hundred and thirty;

(j)	by omitting section one hundred and thirty one;
(k)	by omitting from subsection two of section one hundred and thirty-seven the words "Subject to the provisions of section one hundred and forty- one" ;

(1) by inserting at the end of subsection nine of

section one hundred and thirty-nine the following new paragraph:—

(b) (i) This paragraph shall apply only to land valued under the Valuation of Land Act, 1916-1951.

(ii)   "Where land which was ratable be­ comes not ratable as to part thereof a proportion of the rate paid on such land shall be refunded by the council on the recommendation of the Valuer General.

(m)

(m)	by omitting from subsection two of section one hundred and fifty-three the words " t h r e e shillings pe r ton of large coal or shale, and one shilling and sixpence per ton of small c o a l " and by inser t ing in lieu thereof the words " t w o shillings and sixpence pe r ton of coal or s h a l e " ;
(n)	by inserting in subsection two of section one hundred and fifty-eight af ter the words " p e r
a n n u m " the words " s i m p l e i n t e r e s t " ;
(o)	by omitting from subsection three of section one hundred and sixty the words " a fee of two shillings and s i x p e n c e " and by inser t ing in lieu
thereof the words " t h e prescr ibed f e e " ;
(p)	by inserting next after subsection one of section one hundred and sixty-eight the following new subsection:—

(1A) The provis ions of section one hundred and fifty of this Act shall app ly to and in respect of any charge payabe unde r subsection one of this section as if such charge were a r a t e payable under the provis ions of th is Act.

(2) Schedule Three to the P r inc ipa l Act is

amended—

(a)	by inserting at the end of section ten the follow­ ing new subsection:—
(6) W h e r e land which was ra tab le becomes not ra table as to p a r t thereof, a p ropor t ion of the r a t e pa id on such land shall be refunded by the council on the recommendat ion of the valuer .
(b)	by omitting from subsection two of section twelve the words and figures " 3 s . per ton of large coal or shale, and 1s. 6d. pe r ton of small c o a l " and by inser t ing in lieu thereof the words and figures " 2 s . 6d. pe r ton of coal or s h a l e ; "

(c)

(c) by inser t ing next af ter subsection two of section

fourteen the following new subsection:—

(2A) Notwi ths tanding the provis ions of sub- section one of th is section the Valuer -Genera l m a y be appoin ted va luer by the council and where so appoin ted a valuat ion m a y be made by the Valuer-Genera l or any official va luer u n d e r the Valua t ion of L a n d Act, 1916-1951. I t shall no t be necessary for the Valuer -Genera l to make or deliver the declara t ion r e fe r red to in sub­ section two of this section.

(3) The amendment made by p a r a g r a p h (c) of sub­

section two of th is section shall be deemed to have com­ menced upon the first day of J a n u a r y , one thousand nine hundred and forty-nine.

7 . (1) P a r t V I I of the P r inc ipa l Act i s f u r t h e r

amended—

(a) ( i) by omit t ing from subsection three of section
one hundred and seventy- three 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 " s p e c i a l l o a n " ;

(b)	by omitting from subsection one of section one hundred and seventy-four the words " o r for any purpose for which moneys ra i sed by
o rd ina ry loan m a y be a p p l i e d " ;

(c) by omitting subsection two of section one hund red and seventy-six and by inser t ing in lieu thereof the following subsection :—

(2) A loan r a t e shall be levied in respect of a renewal loan.

(d)	by omitting section one hundred and seventy- seven and by inse r t ing in lieu thereof the
following sect ion:—
177. (1) A loan for the pu rpose of enabl ing o r ass i s t ing the council to exercise and d ischarge

a n y

any powers, authorities, duties, obligations or functions conferred or imposed upon it shall be an ordinary loan unless under the powers hereinbefore given the loan is raised as a limited overdraft or renewal loan.

(2) The payment of expenses incidental to the purpose of the loan or to the raising of the loan may be included in the purpose for which the money is borrowed.

(3) The Minister may, after such inquiry as he deems sufficient, recommend the council's application for the approval of the Governor with or without alteration and the Governor may approve such recommendation.

(4) A loan rate shall be levied in respect

of an ordinary loan.

(e)	by omitting section one hundred and seventy- eight;
(f)	by omitting section one hundred and seventy- nine;

(g) by omitting section one hundred and eighty;

(h) by omitting section one hundred and eighty- one;

(i) by omitting section 181B ;

(j) by omitting section 181c;

(k) by omitting section 181D;

(l)	by omitting from subsection one of section one hundred and eighty-two the words "ordinary or special" and by inserting in lieu thereof the
words " o r ord inary" ;

(m)

(m) ( i ) by omit t ing from subsection one of section
one hundred and eighty-three the words

" o r d i n a r y , or spec i a l " and by inser t ing in

lieu thereof the words " o r o r d i n a r y " ;

(ii)   by omitting from subsection two of the same section the words " o r d i n a r y , or s p e c i a l " and by inser t ing in lieu thereof the words

" o r o r d i n a r y " ;

(n)	by omitting section one hundred and eighty- four ;
(o)	by omitting from subsection one of section one
hundred and eighty-five the words " o r

s p e c i a l " ;

(p) (i) by omit t ing from subsection one of section one hundred and eighty-six the words " o r s p e c i a l " ;

(ii)   by omitting from subsection two of the same section the words " T h e council m a y apply this section to loans excepted by the preced­

ing provis ions of this subsec t ion ; "

(iii)   by omitting from subsection eleven of the

same section the words " o r s p e c i a l " ;

(iv) by inser t ing in the same subsection af ter

the words " i s s u e d in respect of any such

l o a n " the words " o r any securit ies re fer red to in or approved or prescr ibed under

subsection eight of this s e c t i o n " ;

(q)	by omitting from subsection two of section one
hundred and eighty-eight the words " a s p e c i a l "
and by inse r t ing in lieu thereof the word " a n " ;
(r)	by omitting from subsection one of section one

hundred and ninety-four the words " b u t the r a t e s so made and levied shall not exceed the

max imum

maximum limits pe rmi t t ed unde r the law in force for the t ime being, or where there is no maximum limit, such limit as the court may f ix" ;

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

t h r e e of section two hundred and two the words

" a n d its relation to the maximum r a t e . "

(2) P a r t X X V I of the P r inc ipa l Act is amended by omit t ing from subsection (2A) of section five hundred and thir ty-nine the words " a n y of the purposes men­ tioned in p a r a g r a p h (g3) of subsection one of section one hundred and seventy-seven of this A c t " and by inser t ing in lieu thereof the words " a n y work or service or any object which the council is author ised by law to erect,

construct , c a r r y out or effect".

(3) The amendments made by subsection one of this section shall not affect any special loan ra ised before the commencement of this Act and subsis t ing immediately before such commencement nor any securit ies issued in respect of such special loan nor any r ight , privilege, obligation or liability acquired accrued or incurred in respect of such special loan nor any other m a t t e r s connected with or incidental to such special loan and any such special loan and all m a t t e r s connected with o r

have the like effect a s if such amendments had not been	incidental to such special loan shall continue in force and
enacted.
(4) Any applicat ion made by a council before the da te of commencement of this Act for the approva l of the Governor to borrow by way of a special loan may be deal t with and completed by the Governor, the Minis ter or any officer or person or the council as if i t were an appl icat ion for the approva l of the Governor to borrow by way of an o rd inary loan.

(5)

(5) Where an application, made before the com­ mencement of this Act, for approval to borrow by way of special loan has been approved either before or after such commencement the approval shall be deemed to be an approval to borrow by way of ordinary loan.

8 . Pa r t IX of the Principal Act is amended—

(a) by inserting at the end of section two hundred and twenty-nine the following new subsection:—

(3) Where, in the opinion of the council, it is impracticable by reason of the nature of the terrain or other circumstances to open a new residential road to the standard width the council may open such a road to a width of not less than fifty feet.

(b) by inserting at the end of paragraph (f) of subsection one of section two hundred and thirty-five the words " o r where the Minister so approves to a width less than the standard width" ;

(c) by omitting from subsection one of section two

hundred and forty-one the words " in and
through" and by inserting in lieu thereof the words " in or through";
(d)	by omitting from paragraph (a) of section two hundred and forty-nine the words "Provided a prescribed notice be given and the approval of the Minister be obtained" and by inserting in lieu thereof the words "Provided that the council complies with the prescribed conditions and obtains the approval of the Minister in such cases as may be prescribed;"

(e).

(e)	by inserting at the end of section two hundred
and seventy-seven the following new p a r a g r a p h

and subsection:—

(cc)	prescr ib ing s t anda rds for the l ight ing of public roads or any class of public roads , and the compliance by the council with the requi rements of the ordinance
prescr ib ing such s t anda rds .
(2)	Wi thou t l imit ing the genera l i ty of

p a r a g r a p h (cc) of subsection one of this section any such ordinance may for the purposes of such p a r a g r a p h —

(a) define classes of public roads in

relat ion to such m a t t e r s as may bo prescr ibed including the volume or na tu r e of traffic us ing such roads and the densi ty of populat ion in the vicinity

of such r o a d s ;

(b) prescr ibe different s t anda rds for the

l ight ing of different classes of public

r o a d s ;

(c) make different provisions with respect to the l ight ing of different p a r t s of any

public road or with respect to the

l ight ing of public roads or of any class of public roads in different a r e a s ;
(d)	make provis ion for enabling the Minis ter or such person as may be prescr ibed to require the l ight ing by a council of a public road or any class of public roads in accordance with the prescr ibed s t anda rds and to exercise such powers as may be necessary to give effect to such ord inance ;

(e)

(e) adopt wholly or par t i a l ly or by

reference	any	of	the s t a n d a r d	ru les
recommended	or	adopted	by	the

S t a n d a r d s Association of Aus t ra l i a

re la t ing to the m a t t e r with which	the
ordinance deals.

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

(a)	by inserting next after section two hundred and seventy-eight the following new sect ion:—
278A. I n this P a r t unless inconsistent wi th the context o r subject ma t t e r—

" O c c u p i e r " includes a person having the

charge, management or control of premises and in the case of a building which is let out in separa te tenements or in the case of a lodging house which is let out to lodgers the person receiv­ ing the ren t payable by the t enan t s or lodgers , ei ther on his own account or as the agent of ano ther person and in the case of a vessel means the mas t e r or other person in charge

thereof.

" P r e m i s e s " means any house, tenement	or
building of any descript ion o r any p a r t
thereof wi th the appur tenances to the same, any swimming pool, ship, vessel, boat, punt , l ighter , houseboat, tent , van, shed or o ther s t ruc tu re and any land whether built upon or not.

(b) (i) by omit t ing from p a r a g r a p h (h) of subsec­

t ion two of section two hundred a n d

eighty-one the words "bu i ld ings a n d

r o o m s " and by inser t ing in lieu thereof	the
word	" p r e m i s e s " ;

(ii).

( i i ) by omitt ing from p a r a g r a p h (i) of the same

subsection the words "bu i ld ings or r o o m s " and by inser t ing in lieu thereof the word " p r e m i s e s " ;

(iii)      by omit t ing from p a r a g r a p h (j) of the same subsection the words "bu i ld ings and r o o m s " and by inser t ing in lieu thereof the word " p r e m i s e s " ;

( iv) by omit t ing from p a r a g r a p h (m) of the

same subsection the words " o n p r e m i s e s " ;

(v) by inserting at the end of the same subsec­

tion the following new p a r a g r a p h and new

subsect ion:—

(p) require that any new or existing

public closet convenience connected to a sewerage system shall be pro­ vided with a hand wash basin with water laid thereto .

(3) The council may—

(a)	require the renewal or repair of any roof, gut ter ing , down piping or spout ing on a dwell ing;
(b)	require the renewal or repair of the gas pipes of a dwelling so tha t an adequate supply of gas shall be provided to such
dwell ing;
(e)	require the renewal or repair of the electrical instal lat ion in a dwelling from which a supply of electricity has been discon­ nected by an electricity supply au thor i ty .

(c) (i) by omit t ing from p a r a g r a p h (a) of subsec­

tion five of section two hundred and eighty- three the word " a n d " where secondly occur r ing ;

(ii)

(ii) by inser t ing next af ter p a r a g r a p h (b)

of the same subsection the following new

p a r a g r a p h : —

(c) may alter or abolish any such distr ict .

(d) by inserting at the end of section two hundred and eighty-nine the following new p a r a g r a p h :—

(o) control and regulate the construction, and use of tennis courts .

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

section two hundred and ninety-eight the

following new p a r a g r a p h : —

(h) set t lements for aged persons .

(ii)   by inserting in subsection two of the same

section af ter the words " i n f a n t welfare

c e n t r e s " the words " a n d set t lements for

aged p e r s o n s " ;

(f)	by inserting next after Division 8 the following:
new Divis ion:—

DIVISION 8A.—Milk.

299B. (1) The provisions of this Div i s ion—

(a) shall apply to every area within which the council is the local au thor i ty within the meaning of the Dair ies Supervis ion Act, 1901, as amended by subsequent Acts ;

(b) shall not apply to any a r ea or p a r t dis t r ic t for the t ime being established under the Milk Act, 1931-1942.	thereof included in a milk d is t r ibut ing
(2) Notwi ths tanding any th ing con­

ta ined in section five of the Milk Act, 1931-1942, this Division shall not affect any provision of the Milk Act, 1931, or of any Act amending tha t Act, or any regula t ions or by-laws made under any of such Acts , or take away powers vested in the Milk Board or any person or body by any of those Acts , regula t ions or by-laws.

299c.

299c. I n this Division—

" D a i r y p r e m i s e s " means any land or

premises used for or in connection wi th the stalling, grazing, feeding, or milk­ ing of catt le for the purpose of p ro ­ ducing milk for sale.

" M i l k " includes cream and refers only to milk or c ream which is sold or to be sold.

" M i l k s t o r e " means any building, shed, or place a t or upon which milk is t rea ted , deposited, or stored, and includes any building or premises a t or upon which milk is sold.

" M i l k v e n d o r " means any person who is

the occupier of a milk s tore or who himself or by his employee receives or accepts milk otherwise than as a car r ier , or who sells milk.

" P e r s o n " includes any pa r tne r sh ip or firm

or company or society formed under any Act and any body of persons cor­

pora te or unincorpora te .

" S e l l " means to sell by wholesale or by re ta i l and includes bar te r , supply for profit, offer for sale, receive for sale, have in possession for sale, expose for sale, send, fo rward or deliver for sale,

cause or suffer or allow to be sold, offered or exposed for sale, and refers	only to selling for human consumpt ion;
and " s a l e " and " s o l d " have a corres­ ponding meaning.

" T r e a t m e n t " includes the examinat ion,

cleansing, pas teur isa t ion , modification,

test ing, g rad ing , cooling, ref r igera t ing ,

bot t l ing	or	packing	of	milk;	and
" t r e a t "	and	" t r e a t e d "	have	a	cor res ­

ponding meaning.

229D.

229D. The council may without prejudice to
any powers or duties conferred or imposed upon

it by or under any other Act exercise all or a n y

of the following p o w e r s : —

(a) collect and t r ea t	mi lk ;
(b)	regulate the collection and t r ea tmen t of milk;
(c) sell and dis t r ibute	mi lk ;
(d) regula te the sale and dis t r ibut ion	o f

milk;

(e) establish and conduct milk s to re s ;

(f) regulate milk s t o r e s ;

(g)	regulate and determine the hours or t imes a t or within or d u r i n g which milk may be dis t r ibuted by re ta i l in any vehicle or receptacle ;
(h)	issue certificates in the prescribed form to milk vendors specifying the g r ade or g rades of milk which any such milk vendor is author ised to t rea t , deposit ,
s tore , d is t r ibute or sel l : P rov ided tha t

no certificate au thor i s ing the dis tr ibu­ tion or sale of milk as the product of tuberculin tested cows shall issue unless the cows producing such milk have been certified as free from tubercle by the

Depar tmen t of Agr i cu l t u r e ;

( i ) establish g rades of milk for human the council, including a g rade of milk suitable for the use of in fan t s ;	consumption or use wi thin the a rea o f
(j)	at any reasonable time by authorised
se rvan ts enter and inspect any premises which a re believed to be used a s d a i r y premises or milk s tores and examine any th ing used in connection with the supply, collection, t r ea tmen t ,
s torage , d is t r ibut ion or sale of milk;

(k)

(k) prohibit the use for human consump­ tion in any form of milk which appears to it to be deleterious to health or unwholesome;

(1) take samples of milk from any dairy premises or milk store or from any conveyance, utensil or container:

(m)	engage the services of veterinary surgeons approved by the Department of Agriculture;
(n)	prohibit the use by any milk vendor in connection with his business as such of any advertisement, description, sign, notice, device or representation in the nature of an advertisement which does not correctly describe or represent the milk sold or the services offered by such milk vendor.

299K. ( 1 ) Ordinances may be made for

carrying this Division into effect, and in par­
ticular for and with respect to—

(a)	prescribing grades for milk which may be supplied for sale or sold, including the prescribing of different grades for different classes of milk;
(b)	requiring milk of any prescribed grade to be sold in prescribed containers labelled as prescribed;
(c)	prescribing methods to be followed in the collection, treatment, carriage, deposit, storage, distribution and sale

of milk;

(d)	prescribing the maximum tempera­ tures at which milk is to be kept at any and every stage from its collection to its delivery to a purchaser for consumption;
(e)	prescribing methods of dealing with milk which does not comply with the

requirements

requirements of any Act, or of any ordinance, regulation or by-law made thereunder;

(f)	prescribing methods of cleaning and sterilising cans, vessels, utensils, appliances and equipment used in con­ nection with the collection, treatment, deposit, storage, carriage, distribution, supply or sale of milk;
(g)	providing for the inspection of dairy premises and milk stores.

(2 ) An ordinance shall not be made in

relation to any matter referred to in subsection one of this section unless the provisions thereof have been approved by the Board of Health constituted under the Public Health Act, 1902, as amended by subsequent Acts.

(g)	by omitting paragraphs (a) and (b) of the pro­ viso to section three hundred and one and by inserting in lieu thereof the words "comply with the requirement, and may deduct the cost of so complying out of the rent from time to time becoming due from him to such owner, or may recover the same from such owner in any court of competent jurisdiction."
(h)	by omitting from paragraph (n) of subsection one of section three hundred and three the word "buildings" and by inserting in lieu thereof the word "premises."
10. ( 1 ) Part X I of the Principal Act is amended—
(a)	by inserting in paragraph (c) of subsection two of section 317M after the word "Australia" the words and symbols "(Sydney Division)";
(b)	by inserting in paragraph (c) of subsection three of section 317Q after the word "Australia" the words and symbols "(Sydney Division)";

(c)

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

(33) authorising the council to require the artificial lighting of halls, entrances and stair­ wells in existing buildings where such halls, entrances and stairwells are used in common for access to two or more separate domiciles.

(2) Part XIII of the Principal Act is amended by omitting subsection two of section three hundred and fifty-seven and by inserting in lieu thereof the following subsection:—

(2) The trustees of a mechanics' institute, school of arts or other like institution which is conducting or has conducted a library may, with the approval of the Governor, transfer such library together with the furniture, fittings and records of the library either alone or together with the land of the institu­ tion upon which the library premises are erected, or any real or personal property held by such trustees upon trust for library purposes to the council of the area within which such library is or was being conducted.

Any real or personal property transferred to the
council under the authority of this section shall be
held by the council upon trust for library purposes.
(3) Part XIV of the Principal Act is amended by

omitting section four hundred and three and by inserting

in lieu thereof the following section:—

403. (1) The council may control and regulate the draining of any land, whether built upon or not, and may require the construction of sufficient drains for that purpose and may, at the cost of the owner, construct drains to dispose of roof, surface and other waters from the land so as to conduct the water to the most appropriate gutter or water channel
under the control of the council.	(2)

(2) Where in the exercise of its powers under subsection one of this section, it is necessary for the council to construct a drain through land intervening between the land to be drained and the most appropriate gutter or water channel under the control of the council, the council may recover from the owner of the land to be drained any reasonable amount paid by it to the owner of the intervening land for compensation, in addition to the cost of constructing the drains.

(4) Part XVII of the Principal Act is amended— (a) (i) by omitting paragraphs (g) and (h) of subsection one of section four hundred and eighteen;

(ii)  by omitting from subparagraph (i) of paragraph (b) of subsection four of the same section the word and letter "para­ graph ( a ) " and by inserting in lieu thereof the words and letters "paragraph (a) or

paragraph (b )" ;

(b)	by omitting from the proviso to paragraph (b) of subsection one of section four hundred and twenty the words "the next following section" and by inserting in lieu thereof the words "section four hundred and twenty-one of this Act";
(c)	by omitting from subsection one of section four hundred and twenty-one the words "the last preceding section" and by inserting in lieu

thereof the words "section four hundred and

twenty of this Act".

11. (1) Part XX of the Principal Act is amended by inserting at the end of section four hundred and fifty- four the following new subsection:—

(5) The powers conferred on the council by sub­ section one of this section shall include power to do all or any of the following matters and things:—

(a) to sell either on its own behalf or on behalf of any other person any animals and articles of the food of man; (b)

(b)	to purchase any animals and articles of the food of man;
(c)	to provide, control and manage works for preserving, chilling or freezing articles of the food of man;
(d)	to establish, maintain, conduct and control works for canning, curing, dehydrating or otherwise processing articles of the food of man.

(2) Part XXII of the Principal Act is amended—

(a) by inserting next after subsection two of section 475A the following new subsection:—

(2A) Where private lands are separated from public lands by any watercourse, river or inland water, tidal or non-tidal, the land between such private lands and the middle line of such water­ course, river or inland water shall for the pur­ poses of this Part be deemed to be owned or occupied by the owner or occupier respectively of such private lands.

(b) by omitting from subsection three of the same section the words "and two" and by inserting in lieu thereof the words and symbols "two and

(2A)".

(3) Part XXIII of the Principal Act is

amended—

(a) by inserting next after section 478B the follow­ ing new section:—

478c. (1) The council may supply stone, broken stone, clay, sand or gravel from the council's quarries or pits or land.

(2) The council may purchase or obtain and supply pipes, flagstones and kerbing and guttering.

(b)

(b) by omitting section four hundred and eighty- three and by inserting in lieu thereof the follow­ ing section:—

483. ( 1 ) The council may advertise the advantages of the area or of any place outside the area but in the vicinity thereof to attract settlers or tourists and may provide, control and manage tourist bureaux.

(2) The council may subsidise the con­ struction of any works in its area for the pur­ pose of attracting settlers or tourists or developing any industry in the area.

(3) The council may act as agent for any Government tourist bureau or any person, firm or company conducting a tourist business.
(c)	by inserting after the word "lessees" in sub­ section three of section four hundred and ninety- six the words "who are aged persons or" ;
(d)	by omitting section five hundred and by insert­ ing in lieu thereof the following section:—

500. The council may, on the application of the owner or occupier, and at the expense of the applicant, carry out paving, kerbing, guttering, road-making, draining, tree-planting and gardening work on any land, or connect any premises with water, gas or sewerage mains or carry out on such land or premises any works whatsoever which may be lawfully carried out.

12. ( 1 ) Part XXIV of the Principal Act is

amended—

(a) by omitting subsection three of section five hundred and seventeen;

(b)

(b) by omitting the short heading to section five hundred and twenty-eight and by inserting in lieu thereof the following short heading:—

Insurance and agencies.

(c) by inserting next after section 528c the follow­ ing new section:—

528D. The council may, by agreement with any authority which by or under the Public Works Act, 1912, as amended by subsequent Acts, or by or under any other Act, is a con­ structing authority within the meaning of the Public Works Act, 1912, as so amended, carry out any work on behalf of such authority.

(2) Part XXVII of the Principal Act is

amended—

(a)	(i)	by omitting subsections one, two and three of section five hundred and fifty-one and by inserting in lieu thereof the following sub­ sections :—
(1) The urban committee may request the council to borrow money for the benefit of the urban area and the council shall, if it approve, proceed to obtain the loan as else­ where in this Act provided.
(2) The loan rate shall be a local loan council on the unimproved capital value of rate and shall be made and levied by the
the ratable land in the urban area.

(ii)  by omitting from subsection five of the same section the words "The proceeds of any such" and by inserting in lieu thereof the words "Where the purposes for which the loan is raised are to be carried out by the urban committee, the proceeds of the";

(b) by omitting paragraph (c) of subsection two of section five hundred and fifty-two.

( 3 )

(3) Pa r t XXIX of the Principal Act is

amended—

(a) (i) by inserting In subsection (2A) of section
live hundred and sixty-four after the

word " w a t e r " wherever occurring the

word " g a s " ;

(ii)   by omitting from subsection four of the same section all words following the words " the delegation" where secondly occurr-

ing;

(Hi) by inserting in subsection (4A) of the same

section after the word " w a t e r " wherever

occurring the word " g a s " ;

(b)	by inserting in subsection one of section 564B
after the word " w a t e r " the word " g a s ; "
(c)	by omitting paragraph (j) of subsection three of
section 565A ;
(d)	by inserting at the end of subsection one of section five hundred and seventy-two the words "This subsection shall not authorise a county

its agent as aforesaid in the case of a loan council to require councils concerned to act as

ra te . "

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

572A. (1) Where in any year a county council is required to pay interest on or to repay the whole or any part of the principal of a loan the county council may, notwithstanding the pro­ visions of subsection six of section one hundred and twenty-four and subsection four of section one. hundred and seventy-seven of this Art

Where a county council has refrained from levying a loan rate in pursuance of the pro­ visions of this subsection the county council shall assess the amount required for such payment of interest or repayment of principal upon the councils concerned in proportion to the unim­ proved capital value of that portion of the ratable land in each of them which is situated within the district:

Provided that where the amount so assessed is in respect of a loan raised for any work or service which in the opinion of the county council would be of special benefit to a portion only of the county district the amount required for pay­ ment of interest or repayment of principal may, at the discretion of the county council, be assessed only on the councils of the areas within which such portion is situated in proportion to the unimproved capital value of ratable land in each of the areas which is within such portion.

(2) Notice of any assessment made under subsection one of this section shall be served by the county council upon the councils concerned before the end of February in the year for which the assessment is made.

(3) Any council so assessed may pay the amount of the assessment from the appro­ priate fund or where the loan is, in the opinion of the council, for the benefit of only portion of the area, from the proceeds of a local rate levied

rate levied for general purposes or levied as a	in respect of such portion. Where any amount added by a council to any
special or local rate in order to make any pay­ ment under this section has been written off or abandoned the council may make a correspond­ ing reduction in the amount of such payment.
(4) Notwithstanding any other provi­ sion of this Act, the county council may recover as a debt any amount, less any deduction made in pursuance of subsection three of this section,

assessed

assessed upon a council concerned in accordance with this section and not paid within six months after service of notice of such assessment.

13. (1) Part XXX of the Principal Act is amended—

(a) by omitting the short heading to section six hundred and two and by omitting section six hundred and two, section six hundred and three and section 603A and by inserting in lieu thereof the following short heading and new sections:—

Sale of land for overdue rates.

602. (1) Where any rate levied in respect of any land before or after the commencement of the Local Government (Further Amendment) Act, 1952, is overdue for more than seven years the council may, in accordance with the provi­ sions of this Act, sell the land on which the rate is owing. Any rate so overdue is hereinafter in this Division referred to as an overdue rate.

The council shall not sell any land in pursu­ ance of this section unless the town or shire clerk first certifies in writing what rates are due or payable to the council in respect of the land, with particulars of the rates, when the same were made and how levied and when they

became due or payable.

Where land on which a rate so overdue is situated in any county district to the county council of which a power to rate has been dele­ gated the council shall not exercise its power to sell the land for an overdue rate unless it first ascertains from any such county council that it has not resolved to sell the land for an overdue rate nor shall such a county council exercise its power to sell land for an overdue rate unless it first ascertains from the constituent council and

any

any other such county council in whose area or district such land is situated that it has not resolved to sell such land for an overdue rate.

(2) Where the council has resolved to sell land for an overdue rate it shall—

(a)	fix a convenient time (being not more than six months and not less than three months from the publication in a news­ paper of the advertisement referred to in paragraph (b) of this subsection) and a convenient place for the sale;
(b)	give notice in or to the effect of the prescribed form by advertisement in the Gazette and in a newspaper; and
(c)	make a search against the land and give notice to any person who appears from search to have an interest in the land.

(3) If the rates due and in arrear are
paid to the council before the time fixed for the
sale the council shall not proceed with the sale.

(4) Any sale of land in pursuance of this section shall be by public auction.

The council may—

(a)	sell in one lot of adjoining parcels or in separate parcels the land under such conditions of sale as it may deem proper;
(b) employ an auctioneer; and
(c)	do such other acts as it deems expedient for selling the land at its full value and for carrying out the sale.

If the land is not sold by public auction at the time originally fixed the council may from time to time fix such time and place as it may deem proper for the sale of such land by public auction or may sell the land by private contract if a satisfactory offer is received in the meantime.

(5). i

(5) If the land is sold the purchase money shall be paid to the council, and its receipt shall be an effectual discharge to the purchaser therefor.

(6) Where any land has been subdivided and a portion sold under this section any unpaid rates in respect of such land may—

(a)	where the land is valued under the Valuation of Land Act, 1916-1951, be apportioned accordingly on the recom­ mendation of the Valuer-General; or
(b)	where the land is not so valued be apportioned accordingly on the recom­ mendation of the council's valuer.

603. The council shall not sell land in pursu­ ance of section six hundred and two of this Act to an officer or servant of the council or to a relation of an officer or servant, and no officer or servant of the council or relation of an officer or servant shall purchase from the council land offered for sale in pursuance of the said section.

In this section " relation" means—

(a)	an officer's or servant's wife or husband;
(b)	the father or mother of an officer or servant, or of an officer's or servant's wife or husband;
(c)	the grandfather or grandmother of an officer or servant, or of an officer's or

servant's wife or husband;

(d) the son, daughter, grandson, grand­ daughter, brother, sister, half-brother, half-sister, nephew, niece, uncle, or aunt of an officer or servant, or of an officer's or servant's wife or husband.

(b) (i) by omitting from subsection one of section six hundred and four the words "Public Trustee" and by inserting in lieu thereof the word "council";

(ii)

(ii)  by omitting from the same subsection the word "him" and by inserting in lieu thereof

the word " i t " ;

(iii)  by omitting from subsection two of the same section the words "Public Trustee" wherever occurring and by inserting in lieu thereof the word "council";

(iv) by omitting from the same subsection the words "the Mining Act, 1906, or the Crown Lands Consolidation Act, 1913";

(v)  by omitting from the same subsection the words "Act concerned" wherever occur­ ring and by inserting in lieu thereof the words "Real Property Act, 1900";

(vi)  by omitting from subsection three of the same section the words "Public Trustee" and by inserting in lieu thereof the word "council";

(vii)  by omitting from the same subsection the words "Conveyancing Act, 1919" and by inserting in lieu thereof the words " Conveyancing Acts, 1919-1943";

(viii) by omitting from subsection four of the same section the words "Public Trustee" and by inserting in lieu thereof the word "council";

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

(5) This section shall apply to and in respect of land other than land to which

section six hundred and five of this Act

applies.

(c) by omitting section six hundred and five and by inserting in lieu thereof the following new sec­ tion :—

605. (1) This section shall apply to and in respect of land in course of purchase from the Crown or held under homestead selection, homestead grant or lease or license or any other tenure from the Crown.

(2)

(2) The council upon payment to it of the purchase money may transfer the land to the purchaser by virtue of the authority conferred by this Act.

For the purposes of this subsection the council may in respect of any land exercise any right, power or privilege which might be made or exercised by a holder or owner subject to mortgage of land of the like tenure but subject to any restriction, prohibition or condition upon transfer applicable to such holder or owner.

(3) The purchaser shall hold the land subject to any conditions or provisions prescribed by or under any Act creating the tenure which immediately before the sale were binding on the former holder but freed and discharged—

(a)	from any liability for any breach before such sale of any such conditions or provisions; and
(b)	from any charges and rates in respect of the land due to the council or any other rating authority.

(4) The transfer of any tenure shall, by virtue of this Act, be registrable under the provisions of the Act under which transfers of such tenures are registered notwithstanding

anything in such Act contained and such trans­

fer shall not operate at law until the same is
registered under such Act.

(5) Neither the purchaser nor the Registrar-General nor any official to whom a transfer made by the council and purporting to be made under this Act is produced for registra­ tion shall be concerned to inquire whether the provisions of this Act in respect of the sale have been complied with.

(d)

(d) by omitting section six hundred and six and by inserting in lieu thereof the following section:—

606. (1) The council shall apply any purchase money received by it upon the sale of land for overdue rates to the following purposes and in the following order, that is to say, in or towards payment of—

(a)	firstly, the expenses of the council in­ curred in connection with the sale;
(b)	secondly, any rate or charge in respect of the land due to the council, or any other rating authority, or any debt in respect of the land of which the council has notice, due to Her Majesty:

Provided that if the amount available is insufficient to pay all rates and charges in respect of the land owing to the council and any other rating authority and any such debt the amount available shall be divided between them in the proportion of the rates charges and debt owing to each.

(2) Notwithstanding that the amount applied by the council under the provisions of subsection one of this section is insufficient to pay the expenses of and the rates and charges due to the council or other rating authority, the council or other rating authority, as the case may be, shall treat the amount due in respect of

written off the books of account of the council	the expenses and rates and charges as satisfied and discharged, and any deficiency shall be
or rating authority accordingly.
(e)	by omitting from section six hundred and seven the words "Public Trustee" and by inserting in lieu thereof the word "council";

(f) (i) by omitting from subsection one of section six hundred and eight the words "Public Trustee" wherever occurring and by insert­ ing in lieu thereof the word "council";

(ii)

(ii)  by omitting from the same subsection the word "h i s " and by inserting in lieu thereof

the word " i t s " ;

(iii) by omitting from subsection two of the same section the words "Public Trustee" and by inserting in lieu thereof the word "council";

(iv)  by omitting from the same subsection the word " h e " and by inserting in lieu thereof

the word " i t " ;

(g) (i) by omitting from paragraph (a) of subsec­ tion one of section six hundred and ten the words "Public Trustee" where firstly occurring and by inserting in lieu thereof the word "council";

(ii)  by omitting from the same paragraph the words "by the Public Trustee" where secondly occurring;

(h)

by omitting from subsection one of section six hundred and eleven the words "Public Trustee for more than twenty years, and he has no information or knowledge of the existence of any person entitled or claiming to be entitled thereto, the Public Trustee shall pay the same to the Treasury" and by inserting in lieu there­ of the words "council for more than ten years and it has no information or knowledge of the existence of any person entitled or claiming to be entitled thereto, the council shall pay the same

to the Treasury."

(i)  by omitting from section six hundred and twelve the words "Public Trustee" and by inserting in lieu thereof the word "council";

(j) by omitting section six hundred and thirteen and by inserting in lieu thereof the following section:—

613. Notwithstanding any other provision of this Division the council shall be entitled to retain out of any balance of the purchase money of any land sold by it for overdue rates under

this

•this Division all proper fees and expenses due "to or incurred by it in relation to this Act and to charge the same to or between the shares of any persons entitled or claiming to be entitled to the balance of the purchase money, as it may deem just.

(k) by omitting section six hundred and fourteen;

(1) by omitting from subsection two of section six hundred and twenty-two the words "two shillings" and by inserting in lieu thereof the words "the fee prescribed under the Convey­ ancing Acts, 1919-1943";

(m)	by inserting in section six hundred and forty-
one after the words "per annum" the words "simple interest".

(2) Notwithstanding the amendments made by subsection one of this section the Public Trustee, the Registrar-General, the Master in Equity, the Supreme Court and the Colonial Treasurer may in respect of—

(a)	applications for the sale of land for overdue rates made before the commencement of this Act;
(b)	sales of land for overdue rates pending immedi­ ately before such commencement;

(c) sales of land for overdue rates completed before

(d) the registration of conveyances or transfers of such commencement;

land sold for overdue rates;

(e) the application or disposition of the purchase

money of land sold for overdue rates and paid to the Public Trustee whether before or after the commencement of this Act;

(f) balances of such purchase moneys or parts

thereof; and

(g) matters incidental to or connected with the foregoing;

18051—11 respectively

respectively exercise the powers which would, but for the enactment of subsection one of this section, have been exercisable by them.

(3) The purchaser of any land sold by the Public Trustee in pursuance of the powers conferred by subsec- tion two of this section and any person having any estate or interest in the said land shall have the like rights and privileges in respect of such land or any balance of purchase money, as the case may require, as he would; have had but for the enactment of subsection one of this section.

(4) The Drainage Act, 1939-1940, is amended by omitting from subsection two of section fifty-five the' words " a s amended by subsequent A c t s " and by insert- ing in lieu thereof the words " a s amended by Acts passed subsequent to the said Act and before the Local Govern- ment (Further Amendment) Act, 1952".