Main Roads Act 1924 (NSW)

:\[AIN ROADS ACT.

Act No. 24, 1924.

George V. All Act to provide for the be tter ('onstruction,

No. 2 4 . m aintenance, and financing of main roads ; to ])io’\ idc for developm ental roads ; to con stitu te a Main Koads Board ; to amend the l^ocal Governm ent Act, 1919, and certain o ther Acts ; and for purposes connected therew ith . [Assented to, lOth November, 1924.1

Main Roads Act.

241

“P>E it enacted by the Kind’s Most Excellent Majesty, George V, lative Council and I.('gislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

PART I.

PllELIMTNAllY.

1 . (1) 'J'liis Act may be cited as the “ Ifain Roads'Short title.

Act, 1924,” and shall commence and come into force on a date to be fixed by the Governor by proclamation.

(2)	This Act shall apply to the areas of muni- Application

cipalitics and shires, but shall not (except where specifically so provided) apply to the City of Sydney or to any irrigation area proclaimed under the Irrigation Act, 1912, or constituted by the 'Wentworth Irrigation Act, 1890, the Hay Irrigation Act, 1902, or the Mur- rumbidgee Irrigation Act, 1910.

2 . This Act is divided into J^arts, as follows;—

Division into

iirts.

PART I.— PllELIMINARY—SS. 1-4.

PART II .—Main Roads BoAitD —as. 5 -7.

PART I I I .—Selection oe Main Roads—s. S.

PART IV.—County of Cumberland—

D ivision 1.—Application of Part—s. 9.

D ivision 2.— County o f Cumberland 2Iain

Hoads Fnnd—ss. 10-13.

D ivision 3.—Metropolitan main road icork—ss.

14-18.

PART V.—Country Districts—

D ivision 1.—Application of Part—s. 19.

D ivision 2.— Countn/ 3Iain Poads Fiind—ss.

20,

21 .

‘

D ivision 3.— Country main road works—ss. 22

27,

PART VI.—D evelopmental Roads—sa. 28-31.

PART V II.—"Works Generally—ss. 32-42.

PART V III.— M̂iscellaneous—ss. 43-53.

242 Main Roads Act.

George V,	3. In tiiis Act, unless inconsistent \vitli the context
No. 24.	subject-matter,—
In te rp ic ta -

tion.

“ Area'* means mnnici[)ality or sliire, and includes tlie city ot Sydiu'y.

“ Hoard” means the iMain Ptoads Hoard of Acw Soutli iPales ('stal lishcd under this Act.

“ Hotany Hoad Trust” means the trust constituted

under the Hotany lload Trust Constitution

Act, 1922.

‘

“ Construct ” includes “ reconstruct,” and tin' carrying out of permanent improru'ments.

“ Council” includes the Municipal Council of Sydney, and includes the Hotany lload Trust where so proyided in this Act.

“ Country main road ” means a main road outside the couirty of Cum1)erland.

cf. Qia., u

“ l)eyeloi)mental road” means any road, route, or means of access declaim'd to he a deyelopmental road under this Act or any part of sucli deyelopmental road.

(ico.	No.
12, s. 2 .

“ iMain road” incliuh's a proposed main road or proposed deyiedion tlunanf.

cf. (-'ouhtry

“ Maintenance” includes all works of eyery de- calculated to k(>ep tlie carriage-way of any main or deyclo])mental road, and any drain draining sucli carriage-way, and to keep any bridge, culvert, causeway, fence, or any woi'k on such road in tlu' same state of usefulness as it was in at tlie time it was declared to he a main or developmental road, or in tlu' same state of irscfidness as it was in after construc tion under tlu' provisions of this Act.

Kotuls

Act,

lOlo (Vic.),

scrijrtion wliicli are, in the opinion of tlie hoard, “ IMetropolitan area” )ueans the Sydney nndro- politan area as described in Schedule Pour of the Local Government Act, 1919.

3 .

“ Metropolitan main road ” means a main road in the county of Cumberland.

“ Permanent

Main Roads Act.

213

“ rciTiiaiiont improvement” ineludes a new main George V,

or developmental road, a deviation or a widen ing of an existing main or developmental road, a work for the drainage of a main or develop- loi.i (Vio.)’,

mental road, and all works of every description”'

(exclusive of maintenance) whicli arc in tlie

opinion of tlie board calculated to increase the

nsefulness of a main or developmental road, and

also includes tree' ])lanting.

“ Public road ” includes ]>roposed public road or a prop-osed dĉ ■iâ ion.

“ Tix'asnrer ” nn'ans the Colonial Ti'oasurer.

4 . (1) This Act shall be read with the Local AdiptatiMn

Government Act, 1911), and words used in this Act	lo
Avliieh are delined in tliat Act shall, unless inconsistent with the. context or subject-matter of this Act, liave the meanings by that Act ascrilied to them.
(2) In so far as this Act confers powers or imposes duties upon councils, such ])owers and duties shall apjily in respect of ('acb municipality or shire to tlu' council thereof, and in respect of the city of Sydney shall a])ply to tlu' municipal council of SydiU'y

PA.UT ir.

k l . v i x

L o a d s

L o a k d .

5 .

shall consist of a ])r('sid(mt and two other memhers

ap|)ointed from time to tinu; by lln̂ Gov('rnor, and the a1:, uu.j!

provisions of the Pu'nlie Service' .Act, 1902, shall not

apply to their .appoiutiiK'nt.

(1) iheri' shall lu' a IMain Loads Hoard, which Ainiuintmcut

(2) Two of lln* members of the hoard shall he

engineers having s})ccial knowled^'t' of road construction.

(3) Th(' salaries of the members shall ho fixed by

the Governor.

(T) The Presidmit shall he the "pei'inanent head” within the meanim;' of the I’uhlic Servi'‘e‘ Act, 1902, and any Act amending the same.

(o)

244 Main Roads Act.

George V,

(5 ) Tho members of the board shall be appointed reappointment: J'rovided that on the occurrence of a vacancy, an appointment shall l)c made for the remainder of tlie unexpired tei m of the vacant otfice.

No. 24. foĵ .

term of seven years, and shall be eligible for

cf. Public

(G) A member of tlu' board may be suspemb'd or

igo-V"

removed for misbehaviour or incompetence, as folloivs :—

(a)

a member of the board may be suspended from his ollice iiy the Ciovernor for misbehaviour or incompetence, but shall not bo removed fi'om oll'ieo except as liereinafter provided. The IMinistcr shall cause to be laid before Parlia ment a full statement of tlie grounds of suspension within seven days after such sus pension if Parliament be in session and actually sittimr, and when Parliament is not in session or not actually sitting within seven days after th.e eommeneement of the next session or

■

sitting;

(b)

a member of the board suspended under this section sltall be .estored to othce unless each House of Parliament within twenty-one days from the time when such statement has been laid before it, declares by resolution that the said member ouulit to be removed from olTiee, and if each Hou.w' of Parliament within the said time does so declare, the said member shall be removed by the tlovernor accordingly.

(7) A member of the board shall be deemed to

1902, .s

llclVC V n c u tc 'd i n s OiiLCC 11 llO----

(a)	engaa’cs in Xcw South Thales during Ids term of otilee in any ]iaid employment outside the duties of ids ctuee;

(b) b'ceomes hankrujit, compounds v, iili his credi-

'	t'lrs, nr makes an assignment of his salary for t h(dr benelit;

(e)	.absents himself from duly for a period of loiirt('en comsccutive days, except on leave granted by the Governor, nr becomes incapable of fi< rforming bis duties;
(d)	iH'̂-iu'iis his othce, by wriiing under his hand, addressed to the Governor.

( S )

Main Roads Act.

2i.j

(8 ) No act oi’ proceeding of the board shall he George V,

invalidated or prejudicc'd by rea ŝon only of the fact that at the lime when such proceeding or act was taken, done, or c nnmcnccd there was a vacancy in the office of any one meniher.

6 . (1) The hoard sliall he a body corporate, witliBniy

perpetual succession and a common seal, and may sue and he sued in its cor|)Oj'atc name ; and shall, for the purposes and subject to tin; proA’isions of this Act, he capable of purchasing, holding, granting, demising, disposing of, or otherwise dealing with real and personal property, and of doing and sulTering all such other acts and things as bodies corporate may by law do and suffer. The corporate name of the hoard shall be “ 'The iMain Hoads Board of Xcw South tValcs.”

(2 ) At any meeting of the board at Avhich all three luembers are present, the decision of a majority of tho members shall he the decision of the hoard.

(3) Any Iavo members of the board shall be a huouih

(pionini, and, subj(!ct to the next following provision, sliall have all tlu' ])OAvers and authority by this Act conferred u])(m the board.

( 1) ff at any molding of the lioard, at Avliich two nhirreiK-s <.f members only arc ])rcsent, such membea's dill'er in '

o[)inion upon any matter, the determination or such

matter shall be postponed until all the members are

present.

(5) No action or suit shall be brought or main- Xoi«ti<moi- tallied against any iierson who is, or at any time has

b(>en, :r member of the board for anylbing done or omitted by him jmrsuant to the duties imposial ujion him by tins Act, nor shall any action, suit, or otlier uxir, s . : (sj.

jirocc'cding lie, nor any costs be payabh' in lespcct of

any proceeding, before the board.

(b) to be ki'pt u])on the official jiapers, and cause minutes to

Tlie board shall cause minutes of its decisions

*' •

b(' kc])t of the ])rocecdings at formal nnadings, and an annual report of its work and a statement of accounts to be prepared and presented to Barliaiiient through the Minister.

2:M5

Main Roads Act.

George V,

(7) In case of tlic illness, snsjicnsion, oi’ al)sonc(‘ Governor to act for such imnnber during bis illness, suspension, or absence; and ('very sucli d(']mty shall, during tin' time be acts as deputy, Lhve all tlu' powers and autborily of such member.

No. 24. of'deputV'*"̂

Qf	inomber of tlu' board, a deputy may be appointed

Employincut	7.	(I) Por th(' pur])ose of carrying out the powers,
niul

appoiiiLinent	duties, autliorities, and obligations conferred or imposed
of ollioer.-s ami
omplDvec?.	upon the board by this or any otlu'r Act the board, with
cf. Vic.	the approval of the Minisier of tlu' dcpartnu'nt con
( ’ountry
Jloads Act,	cerned, may make use of the servici's (-if any of the
1910, y. 13.	ofllcers and employees of the Public Service.
Staff umler
l*ublic	(2) The stall' of the board shall bo appointed Provided tliat no such appointment shall be made without the concurrence of the board, and that any employee in the service of a council shall have the same right to consideration for sucli appointincnt as is jirovided by the ilbiblic Service Act, 1902, for an otficer of the Public Service.
Service Act,	under and be subject to the provisions of the Public
1902.	Service Act, 1902 :
Casujil	i'A) The board may appoint, employ, and dismiss such casual employees as it deems necessary for the purposes of this Act, and may fix wages and conditions of employment Avberc these are not li.xed in aecordama' with the provisions of other Acts.
employees.

Division of

(I)

The board shall apportion the salaries and

adminisf rativue.vpcnV cxpi'iiscs of the boai’d and its stall, and any additional

cf. Ks. 12, 21, administrative exjienses, in an e(|ui(able manner between 29, post. charge the amounts so apportiom'd ipion, the County

of Cumberland Alain Ibjads Pund and the Country ]\iain

Hoads Pund.

Meinliers

(.o) Any nu'mber of the board vbo at the date

elî i,dble for

of bis ajipointmcnt Avas, or is, an ollici'r of tin' public

sei-v'i'cc. service shall, in the evi'nt of bis otlic(' on the hoard being of. e.i!. Act, discontinued or in tin' event o f tlu' dissolution of tlu' i9n>(\ic.), i,c eliu'iblo on the recommendation of the Public

'	Service Hoard to be ajijiointed to sonic ofQc(' in the public service corresponding in classification and salary to that Ailiieb be held at the dale of bis ajipointincut to the board.

PAllT

Main Roads Act.

247

PART

III .

George V,

No. 24.

Self.ction of ^Iaix Hoads.

8. (I) Subject to tli(' ])i'ovisions of this Act the riociamation

Governor may, on the recommendation of the board, '-'f proclaim any public; road to 1k' a main road.

(2) Any proclamation of any road as a main road under the Local Govc'rnment Act, 1919, belbi'c the passapjc of this Act (such pi'oclamation not having been repealed) shall continue in force for the purposes of and subject to the provisions of this Act.

(3) In (Ictc'rmining Avbetber to recommend the proclamation of a imdropolitan main road tlu' board shall consider—

(a)	any rcprescmtatioics made by the councils through Avhose areas the road passes (or Avill ])ass) or whose arc'as the road serves (or Avill serv(');
(b)	the funds which aic or will be; available for the construct ion and I'or the regular maijitcnance of metropolitan main roads ;
(c)	whether the I'oad is or Avill be a main trunk rente for tratlie between the business centres of the mctro])o!itan area and tin' other parts of the county of Cumberland;
(d)	whether the road is or will be a main trnnk route for tratlie betwecni one part of Ihc said county and anotlun-;
(e)	Avlu'ther tlu; trallic along the road is mainly local, that is arising or terminating Avithin tlu'

area in Avhieh the road is situated, or whether

it is or Avill b(' maiuly through tratlie ;

(f)	A\ hether the road is or Avill be a tourist road

to develo]) tourist tratlie ; and

(g)	the A’alu(‘ of the proposed route from a defence point of vicAV.

(4) In considering Avhether to recommend the proclamation of a country main road the board shall consider—

(a)	aiiy repiA'sentations made by the (;ouncils through Avliose areas the road jiasses (or will pass) or A v h o s e areas the road serves pn- Avill serve);

( ! ' )

248 Main Roads Act.

George V,

(I)) tlie funds which arc or will ho available for the construction and maintenance of country main roads;

(e)	whether the road is or will he the main trunk route connecting any producing or likely pro ducing district with its market or point of shipment by water or by ra il ;
(d)	whether the road is or will he the main trunk route of intercommunication between two or more producing districts, or between two or more centres of population;
(e)	whether the road is or will be the main trunk route between the capital of the State, or any centre of population, and any producing district;
(f)	whether the road is or will be the main trunk route between the capitals of this and any other State ;
(g)	whether the road is or will be a tourist road to develop tourist traffic ; and
(h)	the value of the proposed route from a defence point of view.

(5)	The Governor may, on the recommendation

of the board, repeal any proclamation of a main road

whether made under this or any other Act.

(G) Eoads Avithin the city of Sydney shall not he proclaimed to be main roads.

Repeal of (v) Subsectioii (.3a) of section two hundred and

s. 226 (:ia) of twenty-six of the Local Government Act, 1919, is

Jj. ' a. Act,	T -i T T
1919.	hereby repealed.

PART

Main Roads Act.

249

PART IV.	George Vj
No. 24.

County of Cuiibekland.

D ivision

1.— Application of Part.

9. (]) Tills Part sliall apply to the county of Cum-Aiipiicatiou

V	JL	t.
Cumberland.

lici'land; and to the Municipal Council of the City shires of which any portion lies Avithin the countv of

(2) An area shall not he considered to he partly

Avithin the county of Cumherland solely because a portion of the Avidth of a boundary road may he AAuthin

that county.

(3) For tlie purpose of this Act the municipalities of Katoomha and Hlackheath and the shire of the Blue Mountains shall he deemi'd to he included in the county of Cumherland.

D i v i s i o n 2 . —

Countp o f Catuherland Main Roads Fund.

Receipts.

1 0 . hi a in Roads Pund, consisting of—

(1) There shall he a County of Cumberland

(a)	a sum to ho paid by the Treasurer as hereinafter Motor ]irovided from the amount collected after the

thirtieth day of June, one thousand nine hun- subsw. 2 of

dred and twenty-four, as taxes, fees, and h n e s this section,

undi'r the hlotor Traffic Act, 1909, and the

Motor h'ehicle (Taxation) Act, 1910;

(h)

a sum to be paid by the Treasurer as hereinafter Pi Wic vehicle

provided from the amount collected after the‘®

®”“®’

thirtieth day of June, one thousand nine hun-subsec. 3 of

dred and tAA'cnty-four, under the j M e t r o p o l i t a n ^ h i s section.

Traffic Act, 1900;

(c) a sum nor. less than twenty-live thousand pounds to be aptiropriated by Parliament each year, commencing the first day of July, one thousand nine hundred and twenty-four, for County of Cumberland Main Roads subsidy and (o be paid to the fund ;

■

«1)

250 Main Roads Act.

George V,

(d) such other revenues (if any) as the law may direct to he paid into tlie County of Cumher land ^fain Hoads Pund, or as may be voted liy Parliament for tlie purpose;

No. 24

(c)	any sums apporiioned to metropolitan main roads from moneys ^n'anted by the Governnumt of the Commonwealth of Australia for the development of main roads ;

(f) contrilnitions by councils under this Part; and

(”•) loans raised undi'r any Loan Act and appro priated for metrojiolitan main roads.

M otor

(2) As from the tliirtieth day of June, one tliou- sand nine hundred and twi-nty-four, the proceeds of the taxes and fees under tho Motor Traffic Act, 1909, and the Motor Vehicle (Taxation) Act, 1916, on vehicles owned by and licenses issued to jiersons resident in the said county, and the proceeds of penalties imjioscd in that county under those Acts, shall in the lii'st place be paid into a special account in tho Treasury: and after deducting a sum fixed by the Treasurer not exceeding ten per centum thereof for cost of collection (whicli shall be paid to Consolidated Revenue Pund), one-half of the remainder shall be paid by the Treasurer not less frequently than once in I'ach three months into the

taxation

S ees. 2a{-'). County of Cumherland IMain Pioads Pund and the other

half shall be paid into the Country Main Poads Pund

hereafter provided for.

Fees of

vehicles.

(.3) As fromthethirtieth day of .fnne,onethousand niiu' hundred and. twenty-four, the procei'ds of the fi'i's chai'cvd for licenses of drivi'rs and of vehicles (including public vehicles)issued under the ^Metropolitan Traffic Act, 1900, and the proceeds of pi'ualties imposed under that Act, shall be paid into a special account in the Treasury: and after deducting a sum fixed by the Treasurer not exceeding ten per centum th('reof for cost of collection (wliich shall be paid to Consolidated Pevenue Pund) the remainder shall be paid by tbe 'JTeasurer not less frequently than once in each tliree months into tin' Countv of Cumberland Main Roads Pund.

‘

(-1)

Main Roads Act.

"51

(1) Witliin oiu' moiilli afler tlie a])pointniont of Cieorge V,

tlie hoard ilie TiTasurcr sliall ])ay iiito 'tlic County of No. 24.

Ciimlicrlaiul IMain tloads Pund tlic sum of twentv

tJioo.sand pounds ns an advaiua' on arcount ol inonoys tion of bô ini.

whicli mav suhsi'iiiicntlv hcconu' iiavahle to that fund s.caiso

‘

■

1 »

_ .j,-. ,

I'rom the Consolidated llcvcnue Pund hereunder.

'■"

1 1 . (1) Tlu' hoard may in respect of each year, Lovyujron

ending' on the thirty-first day of Pecemher, scrA'e rontriimtiou

a requisition ujion eacli council rvliosc area (or any part 'n

thereof) is situated in the said county, requiring it to

pay a contrihution to the County of Cumherland ]\Iain

Hoads Pund.

(2) Tho hoard may require the first contrihu- tion to he paid in and for the year in Avhich the requisi tion is scrvc'd or in and for the next year, as may seem to the hoard to he reasonahlc taking into consideration the date of tlie commencement of this Act. The requisition of tlio hoard for each succeeding year’s contrihution shall he served upon the councils towards the close of the year preceding that in and for which the contrihution is to he jiaid.

(3) Tho first year’s contrihution shall he due and payahle at the exjiiration of a period to he stated in tho requisition, and suhsequent contrihutions shall be duo and payahle in tho first half of tho council’s financial year : Provided that in either case the hoard mav ii’rant

«-	t	O
to any council an extension of time for ])ayment.

(4) The contrihution under this section hy each Limit of h>l

council shall (subject to the proviso hereunder) he calculated at such a uniform rate in the pound upon tho unimproved capital value of ratable land (or ratable property as the cast; may he) in their respective areas as the hoard may tlx, hut not in any case exceeding one halfpenny in the pound on the said value :

Provided that the rate in the pound of the contrihution of the ^Municipal Council of Sydney shall he one-half of the rate in the pound of the contrihution ot the other councils in the metropolitan area.

(5) Where any parcel of land is valued as one lYnning

assessment and is principally used for the time being for rural plimary production the council may reduce

its

252 Main R cais Act.

George V, its levy upon the i^erson ratable bv one-balf of sncb

wo.

make a eorrespondin" i'(>diiction in tbe

amount of tbe contribution payable to the bioard :

Proyided that in any such case tbe onus of proof tliat, tbe reduction is authorised by this section shall lie on tbe council in case of dispute.

(G) bach council shall pay tbe contrihution accordingly ; and tbe board shall pay it into tbe County of Cumberland Main Hoads Pund

Contribution	(7) The contribution of a council under this A.ct may be paid in the iirst place from tbe Gt'nm'al (or City) Fund, and if tbe council’s area is wholly rvillsin the county of Cumberland may be added to any rate leyied for general purposes or may be leyied by tbe council as a separate special rate, and if tbe councirs area is only partly with.in tbe county of Cumberland, shall be leyied l)y tbe council as a se}>arate local rate upon all ratable lands or ratable property Aybicb are both within the area of the council and within tbe county of Cumberland. M’bere leyied as a separate special or local rate it may be used to recoup tbe General (or City) Fund to tbe extent of any payments made from that fund under this Act.
arlded to
rate.s.
Lim it of rate	(S) The contribution of any council under this Act, and tbe addition rvliicli it is necessary foi‘ tbe council to make to tbe rates levied by it in order to make such contribution, sliall not be taken into account in determining wbetiier tbe rates levied by the council arc within the limits fixed by any other Act.
extended.

Expendilui'e.

u.seoffumi.

1 2 . The County of Cumberland Main B.oads Fund may be used by tbe board for tbe permanent improve ment and maintenance of main roads in tbe county of Cumberland, for the payment of expenses, interest, and principal in connection with loans as elsewhere in this Act provided, for a proportion of tbe salaries and expenses of tbe board and its stall', and of any

additional

Main Roads Act.

253

additional adiuiiiistnitivo ex|i('iis('s, and "('ncraliy for George V,

the purposes of this Part : Providc'd that loan moneys	24.
in tliat fund shall he used only for construction of nudro- politan main roads, and for such proportion of tin' adiuini.''trativc exjieiiscs as the hoard may consider to he reasonably charr^eahle to such construction.

AdjKstmoit-H tcifh TreaHuri/ and councils.

13. (1) (a) 'Where at the commencement of this Act Fimmci.ii

any council owes to the Treasurer or IMinister for J’uhlic "Works or Minister for Local Government any sum of money in respect of the reconstruction of any main road Sec s. 37 (2)

in the said county, or in resjicct of any advance made for the reconstruction of any such road under section five hundred and thirty-nim' of the Local Government Act, 1919, the I'l'i'asurer or such iMinister shall, upon payment of the instalments of interest and jirincipal and any additional sum which fell due before the said commencement, write otf any rmnaining- balance of the debt.

(b)	Such balanci' so written olf shall be

di'bited by the Treasurer to the County of Cumhr-rland

Main Hoads Pund, to b(' paid as hereinafter provided.

(2) There shall be debited to the County of Various

Cumberland Main Loads Pund one-half of the sums expended durimi; the Governnumt iinancial vears 1920 21, 1921-22, 1922-23, 1923-21, and 1921-25 from the “ General Loan Account” or “ Public "Works P und” upon works for the construction of any metropolitan main roads other than works which are the subject of debit under subsection one of this section, less any sums already repaid on account of such expenditun' hy any councils.

(3) 'Jhe btiard shall each year pay to the payments to

Treasurer from tlu' County of Cumberland Main Koads

Pund—

(a)	for credit of the Consolidated Pevenue Pund such sum as the Treasurer shall require to meet the interest payable on the sums debited to the County of Cumberland Main Loads Pund under the preceding: subsections of this section ;

•

( b )

2o4

Main Roads Act.

George V,

(1)) for credit of the General Loan Account such sum as tlio Treasurer sliall require to provide for the ri'payuK'nt within a term of firteen years (or such longer term as tlie Treasurer may approve) of the princifial amount of such sums.

(4j The hoard shall eacli yi'ar ])ay to the

'I'reasurer I'rom tin* Countv of Cumherland ,\lnin Eoads

Lund—

■

(a)	for credit of tlu' Consolidated Eevenue Lund such sum as tin' Treasurer shall require to meet one-half tliC interest payahle hy him on the loans raised under any Loan Act after the commencement of this Act and appropriated for metropolitair main roads; and
(b)	for credit of the General Loan Account such sum as tlie Treasurer shall require to provide for the repayment within a term of fifteen years (or such longer term as tlm Treasurer may approve) of one-half of the principal amount of such loans.

Subsidy

(5) (a) "Where at the comiiKmcement of this

uxisUnmoans	auy couucil owes any money in respect of a loan the reconstruction or permanent improvement of auy main road in the said county the council may ask the hoard to aeree to subsidise tin' council each year (for such period as may he lU'cessary) to the extent of part or the whoh' of the interest and instalments of repay ment on tlu' amount so owing. The hoard shall grant to the council such subsidy, taking into account the character of work done upon the road, its suitability to the traffic, and the manner in which it has been main tained, and thus estimating the extent to which the hoard considers the work done constitutes a saving of future expense to tho hoard.
of comfciis	or time payment agreement which was expended upon
toLk "'
(b) "Where at such commencement any council has not spent moneys borrowed for such recon struction as aforesaid it may confer with the hoard, and with the hoard’s approval, subject to such alteration of plans and specifications as the hoard may require, may

complete

Main Roads Act.

255

complete tlic expenditure of the loan, and thereupon George V,

the proAusions of the preceding paragraph of this suh-

scction shall apply.

(c)

Where within three years of such com- Kx|M;naituio

wilhiti last

numcement any council has expended money, cither

tlireo v(';irs.

i'rom any special fund or from rcAwmiie, otlier tlian Government grants, upon the construction of any main road in the said couniy, and where such construction is not covered hy any otlier ])rovision of tliis section, the council may ask the hoard to reiinhurse the council to the extent of part or tho n liole of the capital cost of the permanent improvement. Tlie hoard shall grant to the council such subsidy as it deems tit, taking into account the character of the work done upon the road, the suitability to the traffic, and the manner in which it has hceu maintained, and thus estimating the extent to which tlic hoard considers the Avork done constitutes a saving of future expemditure to the hoard.

(d)	Any council may, pending the appoint-Proiioscd

incut of the hoard, give notice to the Aliuistcr that it

])roposes, out of rcA’cnue or loan, to reconstruct in

’

concrete any specilied section of its main roads, and submit phms and sjiecidcations, and tlu' Minister may approve on behalf of t!i(' hoard. In any such case the hoard shall on its ap])ointment grant a subsidy or rebate of contributions in respect of such reconstruction in con crete' sufficient to repay tbe cost of such reconstruction Avithin a period not greater than thrce-([uartcrs of the estimated life of the w'ork.

(o) The preceding proAUsions of this suhsec-Botany Roa<i

tion shall not apply to the Botany lload Trust, but each of the constituent councils under the Botany Road Trust Constitution Act, 1922, may apply to the board for subsidy under the preci'ding paragra])hs of this sub section, and tlie board shall grant subsidy accordingly, and may apply this subsection mutatis mutandis to such councils, to the Botany Road, and to tho amour ts OAiung hy the councils to the Botany Road Trust.

(f) Where the Government of the Stale ofî -̂ -tain

NeAV South AVales has undertaken to provide a subsidy

or coulribution to the Botanv Road Trust' or to any f™

c o u n c i l

to board.

256 Main Roads Act.

George V,	council in connection witli the reconstruction of any
No, 24.	metropolitan main road, the liability for such subsidy or contribution sludl be ti'anslerred from tbe said Govern ment to the board in addition to any subsidy granted by tbe board under this subsection.
(") Tbe board may authorise tbe deduction of any subsidy due to a c-ouncil from any payment due to tbe board by that council.

D ivision* 3 .—MetrojioUtan main road work.

Decision as tc

14. (1) The boai’d sluill deculc what works of con

cf. C.R. Act , T., . 1

struction or of maiiitcuiance shall be carried out on a

(Vic.), i9io, metropoiuan mam road.

(2)	Before so deciding tbe board shall consider

tbe representations (if any) of tbe councils of tbe areas

in which the works will be situated.

W ho to

15. (1) AVbcre tbe board has decided that any Avork of construction or of maintenance is necessary, tbe

cf. zjirf. s. 2.1. board may (except Avbere otberAvise authorised by tbe

Governor) offer to place tbe carrying out of tbe Avork in the bands of tbe council, and to make an agreement

Avith tbe council accordingly.

(2) Where an agreement is made tbe board shall pay tbe cost (or instalments thereof) from tbe County of Cumberland iMain Roads Bund to tbe council in trust, to be expended on the said Avorks in accordance Avith the agreement: and the council shall account to tbe board therefor.

(3) Tbe Governor may, in any special case, direct that work be carried out by the board.

(-1) All Avork entrusted to a council shall be carried out to tbe satisfaction of tbe board.

1 6 . (1) In any cas('Avbere a main road lies Avitbin

]5oundary

works.	tbe county of Cumberland, and is tbe boundary between
lavo areas which are partly or Avbolly Avitbin that county,
the board may allot moneys and Avorks hereunder in respect of the Avbolc of tlie road to one council, or may divide tbe moneys and Avorks b(‘tAvc('n tbe councils in such manner as tbe board may consider best for tbe effectiA’e earn ing out of the works.

‘

(2)

Main Roads Act.

257

(2 ) In any case Vi'liore a main road li(?s on the George V,

boundary of the county of Cumberland such road shall, as between the l)oard and the council of the outer area affected, and for tlic purpose of allocating the cost, he deemed to be a lioundary work within the meaning of section live hundred and twenty-two of the Local Government Act, 1919, and for the purposes of that section the board shall be deemed to be a council.

(3)	In this section “ outer area” means that area

in which is situated the land which is not within the county of Cumherland, but has frontage to a main road on the boundary of that county.

17. The Botany Load Trust may continue the BoianyRoad,

construction of that road in accordance Avith the Botany lload Trust Constitution Aet, 1922 : and upon such construction being completed on any section of the road, and on notice of such completion being served by the trust on, and after inspection accepted hy, the hoard, this Division of this Act shall for the purposes of any suhseipient construction and of n;aintenancc ajiply to that section and to tlie Botany Load Trust as if that trust Averc a council and as if the section of the road so reconstructed Avere the “ area” of the council.

1 8 . A council may ap]Aly to tho board to declare a Secondary

road to he a secondary road for the purposes of this Act on the ground that such road carries a substantial amount of tbrough traffic and thereby ridieves a neighbouring main road of traffic Avhich it would other wise have to hear. The board may by notiftcation declare any such road to he a secondary road, and may grant such assistance toAvards its construction and main tenance (from the County of Cumberland Main Eoads Bund) as the board secs fit, taking into account the extent to Avhich the road serves to relieve the neigh bouring main road.

BART

25S	Main Roads Act.
George V,

No. 24.

PART V.

Country

D istricts.

D ivision

1.— Application o f this Fart.

Application	19.	This Part sliall Rpply to all iminicipalities and
of this P a rt.

shii’cs in respect of areas which are Avholly or partly outside the county of Cumberland, and shall so apply in respect of the u hole area or of the part, as the case may he.

D ivision 2.— Country Main Roads Fund.

Receipts.

C ountry .Main

20. (1) There shall he a Country Main Roads Pund,

1915, s.	consisting o£—
M otor

revenue.

(a) a sum to he paid by the Treasurer, as elsewhere

Vi<le s. 10 (2)	in this Act provided, from the amount collected
and suliscc.	after the thirtieth day of June, one thousand
(2) of tliis
section.	nine hundred and twenty-four, as taxes, fees, and fines under the Motor Traffic Act, 1909, and the Motor Vehicle (Taxation) Act, 191G;

(h)	a snm not less than ninety thousand pounds to be appropriated by Parliament each year, com mencing the first day of July, one thousand nine hundred and twenty-four, for Country Main Roads subsidy, and to be paid to the fund;
(c)	such other revenues (if any) as the law may direct to be jiaid into the Country Main Roads Pund or as may be voted by Parliament for the purpose ;
(d)	any sums apportioned to country main roads from moneys granted by the Government of the Commonwealth of Australia for the develop ment of main roads;

(e) contributions by councils under this P a r t; and

(f)	loans raised under any Loan Act and appro priated for country main roads.

(2J

Main Roads Act.

259

(2) As from the tliirtiotli day of -Tune, one thou- George V,

sand nine hundred and twenty-four, the proceeds of tlie taxes and fees under the Motor Traffic Act, 1909, and the Motor Vehicle (Taxation) Act, 1910, on veliielcs owned hy s,c also s. lo

and licenses issued to persons not resident in the county (-4 lê si are

of Cumherlaud, and the proceeds of penalties imposed poiitar. motor

outside tliat county under those Acts, shall in the first

place he paid into a special account in the Treasury : Country

and after deducting a sum fixed hy the Treasurer trot

exceeding ten per centum thereof for cost of collection

(which shall he paid to Cousolitlated llevenue Tund), the

whole of the remainder shall he paid hy the Treasurer

not less frequently than once in each three months into

the Country Main Hoads Tund.

(3) IVithin one month after the appointment of ssco also

the hoard the Treasurer shall pay into the Country Alain Hoads Hund the sum of twenty thousand pounds as an advance on account of moneys which may subse quently become payahle to that fund from ConsolidatetL Hevenue Pund hereunder.

Expendiltire.

21. (1) The Country Alain Hoads Fund may he rcuditurr.

used hy the hoard for the construction and for the maintenance of country main roads, for the paymenf of expenses, interest and principal in connection with loans as elsewhere in this Act provided, for a proportion of the salaries and expenses of the hoard and its staff, and of any additional administrative expenses, and generally for the purposes of this P a r t : Provided that, loan moneys in that fund shall he used only for the construction of country main roads and for such proportion of the administrative expenses as the hoard may consider to he reasonably chargeable to such construction.

(2)	The 1)oard shall each year pay to the

Treasurer from the Country Main Hoads Fund—

(a)	for credit of the Consolidated Hevenue Fund such sum as the hoard may have collected from councils as interest upon the councils’ share of any expenditure made out of loans raised after

the

200 Main Roads Ac..

George V,	the commencement of this Act under any Loan
No. 24.	Act and appropriated for country main roads;

(b)	for credit of the General Loan Account such sum as the hoard may have collected from councils as instalments of I’epayment of the councils’ share of any expenditure made out of such loans.

D ivision 3.— Country main road works.

Assistance to	22. (1) Eacli council through whose area a country main road passes may, if it desires assistance from the board in tlie carrying out of any work thereon (whether of construction or of maintenance), apply to the board for such assistance : and in such case it shall furnish to the board—
councils.

(a)

a detailed report hy the council’s engineer (or other proper servant where there is no engineer) as to the condition of the road, as to the works of construction or of maintenance Avhich are necessary tliereon, and the relative urgency of such works, together Avith any necessary plans and specilications, and an estimate of the cost of each such work ;

(b)

the views of the council on such report, particularly as to what Avorks are needed, and their relative order of urgency ; and

(c)

a formal ajiplication for such assistance as the council deems necessary : and a statement of Avhat amount (if any) the council Avill undertake to contribute toAvai’d the cost of each work.

(2)

The board may, having regard to the funds

available, decide Avhether any and hoAv much assistance shall be granted to each council, the Avorks to Avhieh it shall be allotted, and the conditions to he attached to such assistance. The hoard may grant assistance accordingly.

Initiation of

23. (1) The boavd may, if it consider any Avork of

construction or of maintenance is necessary on a country main road, offer assistance to the council for the execu tion of that work according to conditions, plans, and specifications to he supplied or approved bv tlie board.

‘

(2)

Main Roads Act.

261

(2) iiefore deciding upon any work upon a George V,

country main road, the board shall consider tbe repre sentations, if any, of tlie councils of tbe areas served or to be served by tbe road.

councils.

24. (1) The hoard shall not require any council or Degree of

group of councils to contribute more than one-half of

tbe cost of any work of construction or maintenance for Act̂ (Vi’e.),

which assistance is granted under this Division hy the lois. sa. 27,

board : but may accept voluntary offers to contribute piovid’ing’

a greater proportion; and may, where circumstances

justify it, grant assistance greater than one-balf of tbe c„st. "

cost of a particular work, even to tbe whole.

(2) Tbe hoard may in any case advance the whole cost of any work, and accept the council’s contri bution by repiayment as follows :—•

(a)	in the case of maintenance work—within such period (not less than one year) as tbe board may deem reasonable having regard to tbe expenses of tbe Avork and tbe finances of tbe council;
(h)	in tbe case of construction work—within a period not greater than ibrec-fourtbs of tbe lioard’s estimate of tbe life of tbe work.

(3) The hoard may require the payment of [nteiest.

interest at such rate as tbe board may fix on any amount

advanced or owing for a longer term than one year.

(4) Every council receiving assistance under this Part shall carry out the conditions attached thereto, and execute the work to tbe satisfaction of tbe board.

(■') (a) The board shall not require any council i-imit of id.

to contribute in any one year for works of maintenance and construction any sums which taken together exceed tbe amount which would be produced by a rate of one halfpenny in tbe pound on tbe unimproved capital value of all ratable land in tbe council’s area.

(b)	Tbe amount of any contribution by a ^f. s. 34 of

council under this Part may be paid by the council from Act, 1915, as

its general fund (or in tbe case of a main road in an urban

area, from the appropriate fund of tbe urban area) or Aci, loie.

may be raised by an additional general rate of not

exceeding one halfpenny in the pound on the unim

proved capital value of all ratable land; and in the

latter

Main Roads Act.

George V,

latter case sucli additional general rate may be levied,

No. 24.

notu'itlistaiiding tliat thereliy tbe rates of tbe council will, to that extent, exceed auy limit of rates laid down by or under tbe Local Government Act, 1919.

25. Tlio Governor may, in any special case, direct

reserve pow er

to aiitliorisc

lioard to do	that ivork be carried out by the board.
work.
cf. (M l. Aet ( \ 'ie .) , V,)ir>,

ss.

Hecovery of

26.

(1) IVliere the board has provided money for or

portion of

cost fmiu	lias carried out any work upon any country main road,
councils,
cf. Vic.	and where there is no prior agreement between the board
C.R. Act,	and the councils as to their respective shares of tbe cost,
1915, s. 27.	the board may, when such money lias been expended, determine—

(a) wliat areas have benchted by such expenditure ;

(b)	what portion of such expenditure (not exceed ing one-balf) sliall lie repaid by the councils of such areas;
(c)	what share of such portion each council shall contribute ;
(d)	what period of time shall be allowed for the councils tomakepayment of their contributions;
(c)	the interest (if any) payable (in the case of expenditure from loan moneys) ; and
(f)

the amount and due date of each instalment of (2) Tho contributions of the eoiineils need not be

fixed at uniform rates, but may be varied according to the lienefits eacli council’s area lias derived or may bo expected to derive from tlie expenditure, and according to eaeli council’s ability to pay ; Provided tliat tlie total amount charged against all of tlie councils shall not exceed one-balf the cost.

(3) The councils shall pay the amounts of the contributions in accordance with auy determination hereunder (subject to any decision given on ajipcal as hereinafter provided).

(4) An area may be held to be benefited within

the meaning of this section hy expenditure on construc

tion or maintenance, although the 2tortion of the road

njion

Main Roads Act.

2̂C3

upon Avliich the expenditure takes place is not situated George V,

■within its boundaries, if substantial tralTic to and from

that area ])asses over, or in the case of a new road will

in the opinion of the board pass over, the road on which

such expenditure has been made.

27. (1) dn any case Avhere a main road is the JSoundaiy

boundary between two areas tlic board may allot moneys and works liorimnder in respect of the wliole of the road to one council, or may divide the moneys and works between the councils in such manner as it may consider best for the effective carrying out of the works, and ii'ithout regaril to the subsequent apportionment of the cost.

(2) In any such case the joint share of the councils in the cost of the works shall be a]iportioned between them in such manner as the councils may agree, or, in default of agreement within thri'c months after request made by the board, in such manner as the board, after affording both councils an opportunity to be heard, may decide.

(3) Section five hundred and twenty-two of tho Local Government Act, 1919, shall be read subject to this section.

PART VI.

D e V E L O P M E K T A L

R O xVDS.

28.---- (1) The Governor may, on the recommendation Utciaiaiiou

of the board, proclaim as a developmental road anv road ofi'pqiop- (not being a mam roadj winch m the opinion ot the Develop-

board-- -

mcaital Koads

(a)	will serve to develop or further develop any district or part of a district; or
(b)	will serve to develop any area of Crown or private land by providing access to a railway station or a shipping wharf or to a road leading to a railway station or a ship])iug wharf.

(2) Tlie Governor may likewise repeal (as to the whole or any part of a developmental road) any proclamation declaring such road to be a developmental road.

264 Main Roads Act.

George V,

No. 24.

29. (1) There shall he a Developmental Hoads

Develop

Eund, consisting ot‘—

mental Roatl.s	(a) such siuns as may he voted hy Parliament from
Fund,	the Consolidated Pevenue Eund or the Public (h) any sums apportioned to this purpose from moneys ^jranted hy the Government of the Commonwealth of Australia for developmental roads; and
cf. Develop

mental Koads	Works Eund for this purpose;
Act, 191S
(Vic.), s. G.

(e)

loans raised under any Loan Act and appro priated for deyelopmental roads.

(2)	The Developmental Poads Fund may he used

hy Ihe hoard for the construction of developmental roads, for the ]>ayment of interest in connection with loans as elsewhere in this Act provided, for a pro portion of the salaries of the board and its staff and of any additioiial administrative expenses, and "eneially for the purposes of this P a r t : Provided that loan moneys in that fund shall he used only for construction of developmental roads and for such proportion of the administrative expenses as the board may consider to be reasonably chargeable to such construction : Provided also that moneys granted hy the Commonwealth Govern ment shall be used only for construction of roads.

A.ssistanee

30. (1) Any council may apply to the board for the

for develop

m ental roads,	proclamation of a road as a developmental road.
cf. D .ll. A(^t	(2) The council may apply to the hoard, and tho (3) The hoard may provide from the Develop mental Poads Fund any portion or the whole cost of the construction of a developmental road.
(Vic.), 191S,
s. 5.	board may, if tlu re are funds available, grant assistance towards the construction of a developmental road.
In te re s t	(1) The council shall, for a period of twenty years froni the commencement of any work under this Part, pay to the hoard interest on such portion of the cost of the work as has been provided by the hoard out of loan moneys at a rate fixed hy the hoard as calculated to be three-hfths of the rate fixed hy the hoard as the rate of interest chargeable on advances under Part V of this Act.
cf. Ibid. s. 0

Further	(5)	Any work under this Part shall not be
conditions,

cf. D.R. Act	commenced until the council shall have agreed to pay
(Vic.), 192-2,	to the board such amounts and in such manner as

«. t).

Parliament

Main Roads Act.

215

Parliament may hereafter direct, towards inten'st on such (Jeorge V,

portion of the cost of tlie work as lias been provided by

the board out of loan moneys and towards rejoayment of

the |)rincipal of such portion; and has also agreed to

comply -with such further terms as to maintenanee of

such works as Paidiament may hereafter direct: Provided

that any direction of Parliament hereunder as to payment

of intenjst may he in lieu of the provisions of subsection

four of this section.

(6)	All moneys collected by the hoard in respect

of developmental roads for interest shall he paid by the hoard to the Treasurer, and by him he paid into sueh fund as he shall decide ; and all moneys (if any) collected by the hoard in respect of developmental roads for ]n-in- cipal of loan moneys shall he paid to the Treasurer and by him he paid into such fund as he may decide.

31. (1) Every developmental road shall be main- Jiaintunance

tained by the council of the area in which it is situated is to the satisfaction of the board in accordance with the cfD.ii. Act conditions agreed between the council and the hoard or (Vi«), lyis,

as dir(!cted by Parliament as hereinbefore provided.	'' '
(2) If the council fails to maintain any such road the hoard may serve notice on the council rc([uiring it to carry out, within a period to he named in the notice, such works of maintenance as are sjrecitied in the notice. If the council fails to com2)ly with any such reejuire- ment the hoard may carry out such works.
- (3) Any costs and expenses of carrying out such Avorks incurred by the hoard shall he repaid to the hoard by the council, and if not repaid Avithin th.ree months after demand by the hoard—

(a)	may he deducted by the Treasurer from any moneys Avhich at any time are or may become payable by him to the council; or
(h)	may he recovered by the hoard from the council as a debt.

( t) Pending compliance with any requirement under this section, and ponding the payment of any sum due under this section, the hoard may stop or delay the carrying out of any construction works on aiiy develop mental road in the council’s area.

PAllT

2G()

Main Roads Act.

George V,	PART	Y ll.
No. 24.

W o r k s

G e x e r i l l y .

When board

3 2 . (1) Wliorc auTCHniiciit caiiuot !_)('made 1)c‘t\v('cn

itself.	the board and any eouncil, or m any special case (ol
Sec s. 44	Avliich the Governor shall be the indge), the Governor
post.	may authorise and direct the hoard to carry out works in connection with main and developmental roads : and thereupon the hoard sliall lor that purpose have all the powers of a council under the Local Government Act, 1919, and any other Acts conferring' powers on a council.
(2) In any such case the lioard sliall give notice to the council of its ini('ntion to carry out the work.
(3) The hoard shall give notice to tlu' council of the completion of the work, and thereupon the v ork shall he iiiuh'r the can' and control of the council.
W hat works	3 3 . (1) Works ol construction or of niaintcnancc undor tins Act, in respect of main and developmental roads, may include any works which it would he within the power of a council to construct or maintain; hiit shall, as a general rule, he limited to works for the improvement of the earriac'e-way of tlio road, or works (whether on or off the road) to ]irovide for its drainage and the planting of trees to provide tinihor and shade.

iiKiy

carried out.

“ I 'cnnanen t im provem en t"

(2) The hoard's deeision wliellier any proposed

o r “ m ain ten ance ”—decision

work is a eonstriiction or inaintc'uanec work shall be

to .

linal.

Staiulard	34. (1) 'I'ho hoard may cause standard ))lans aiul
})Ians and

specif:--ati')n.<,

s[)eeihcations to he prepared for main or tlevelopmenial road construction and maintenance, and may require that Avorks under this Act he designed and executed in accordance therewith, or in accoi'dancc with spf'cial plans and spi'eifieations ])repared for a particular work.

(2) 'I'he hoard may adopt, or amend and adopt, any plans, sections, and specifications sulnnittcd by a (a)imcil or prepared under tlic lioard's diri'ctions in res])cct of any proposed works.

Ih'iTOwin j

proceduve

3 5 . An arrangement or debt of a council under this

Act shall n o t he suhjf'ct to the provisions of tin' Local

Government Act, 1919, relating to the in'occ'durc required

Main Roads Act.

2G7

to 1)0 ()l)scrvod 1)V a council in connection nith borrow- George V,

in g : and it sliall not be compulsory upon the council to

levy a loan rate in respect thereof.

General powers of hoard.

36. (1) Subject to this Act the hoard may, in respect Hiuni given

of a main or developmental road, or land to be resumed therefor, exercise the powers given by any Act to a council in resjicct of public roads.

(2) The granting of the powers conferred upon Ooumir.̂

the board Iiy this Act in respect of any public road shall not, except in so far as may be necessary i'or and during the exercise of those 2>owers, limit or alTect the 2>owers of the council in resjrect of the road.

(3) The powers conferred ujron the board by this Act shall not ajiply to nor in respect of any work which is a “ Kational AVork.”

(4) The board sball, as soon as may be practic- Sigu-iiosts.

able, cause ('ach main road to be marked by the eri'ction of sign-jiosts at convenient places along its length and at the boundary of each area.

(5) Section two hundred and fifty-four of the niriviiofs.-m

Local Government Act, 1919, is hereby repealed.

uti.i. A.t.i.n.i.

(6) AVhere the board û’oposes to open a new i.mui luar

road or to widen or undertake the construction of a

road it may jnirchase or resume land in the neighbour- su'nl'ption's)''

hood of the road, and hold, rejilan, subdivide, and lease

or resell, any or all of the land, and may ojicn new

jmblic roads therein for the ]mrposes of such rc])lanning

or subdivision ; and may use the appropriate fund under

this Act therefor.

(7) AVhere, as the result of an alteration of level AUvrations

of a main road carried out by or at flic request of the board, it becomes necessary to make alterations to a side road, the board may from the atiprojiriati' fund iirovidc portion or the whole of the cost of such latter alterations.

37. (1) AVherc, before or after the commencement of ,\iain ro.id

this Act, any council has received a grant or advance of moneys for use upon main roads the council sball duly account to tbe board for the cx^ienditure of such moneys not accounted for tu’ior to such commencement and for

the

263 Main Roads Act.

George V, the carryin" out of the terms and conditions of the

No. 24. i^rants and advances : and tlie hoard may vary such

terms and conditions, or in case of default or non compliance may n-quire the council to refund the Avholc or portion of the grant. Any money so refunded shall ho paid to tlie apj)ropriate main roads fund according to whether the work for whicli it was granted is within or outside the county of Cumberland. Any sum so required to be refunded may be recovered by the board as a debt.

(2) This section shall not affect the operation of section thirteen of this Act.

Tower to 3 8 . Tlic hoai'd mav at the request of a council carry r o a d s o u t Avoi’lvs 071 any public road otlici'than a main road,

subject to the council paying the cost thereof.

Control oj main roads.

Troriamation

3 9 . (1) Tliis clausc sliall uot apply to any ai’oa or the Governor so to apply.

by Governor,

q(‘ .̂ ,-̂ y

utilcss and Until it is i)roclaimcd by

])ig,<;ing up	(2) The council (and the Botany Boad Trust)
roads,

cf. s. 2.33	shall not, except in accordance with a particular or
of 1 .O .Act,	gcnei’al approval of the board, and with the conditions
loin.	which the boai’d may attach to such approval, grant to any person permission to place, construct, excavate', lay, or erect any room, cellar, light-well, passage, tunnel, pipe, wii’e, rails, or other thing whatsoever in any 77i;iin road, or anything whatsoever to connect buildings on opposite sides of the road.
(3) Where any person desires to connect premises with Avater, sewerage, electricity, or any Avorks the board 7nay refuse approval to make such confiection across or in a main road if it be reasonably practicable to secure a serviceable connection otherwise.

Structure.^.

(4) Any council (including the Botany Boad

, un roads	•	Trust) and any statutory body and any persoiA acting
under tbe authority of any statute and any department of the GoA'crnment shall not construct, excavate, lay, or erect any I’oom, cellar, light-Avell, passage, tunnel, pipe, Avire, rails, bridge, culvert, or other tbing Avhatsoever iii any maiir road Avithout fii’st obtaining the consent of

the

Main Roads Act.

269

the board. T’he board may, if circumstances render it	George V,
necessary, -witldiold such approval for sucli period as	No. 24.
the board may see fit.
(5) 'VVitbout tbe approval of tbe board tlu; council sliall not grant to any person permission or authorise any of its servants to remove or interfere with any tree, or to remove or interfere with any works or structures existing on main roads.	Trees on
ro!i(ls.
40. Any person who causes damage or injury to a main road other than tbe fair w'car and tear due to	itijury to Damage or
intiin road
ordinary and reasonable user of the road, w licther such	fair wi'ar and
uUu-i titan
person be acting under permission or not, sball pay tbe	tear to he
cost incurred by tlie board in making good such damage	intide good.
or injury, or, if the board so require, himself make good sucli damage or injury to tbe satisfaction of tlu* board.
1 )cviations of
41. A deviation or alteration of a main road sliall not be inad(' by any statutory body or any person acting	main roads
by statutory
under the authority of any statute or any department of	bo<lies.
the Government unless and until the location plans and spccidcations of such deviation or alteration have been approA'od by the board.
42. AYlicre any ivorks are being or have been carried out by a council on main roads under this Act, the board	ami clerical
Kngineering
chaiges.
shall, if the work is done to the board’s satisfaction,	rf. D.i:. Act. (Vii-.),
allow to the council as chargeable to tbe cost of sucli	s. 17.
work such commission as the board thinks lit, not exceeding live pounds per centum on the cost of con struction or two pounds ten shillings jiin- ciniium on the cost of maintenance works, for the juiiqiosc' of recouping the council for clerical and ('iigincei ing services in connection with such works.

PART

V III.

M i S C E L L A X E O r S .

43. (1) The hoard may use botli or either of the I’lantand

main mads funds for the lease, liire, or ]mrcliase

plant and materials, that is to say, road-making , \c t, ntm, ’

machinery, tools, implements, and materials needed for

the purposes of this Act.

(̂ 0

273 Main Roads Act.

George V,

(2) The board may lease, hire, or sell plant and

No. 24.

materials, or may nse them for the purposes of this Act.

(3) jMoneys received for the lease, hire, or sale

of plant and matc'rials shall he paid into the fund from

■which tlic ])urcliase money of the plant -was paid or, if

the hoard find it more convenient, may he apportioned

between the funds on tlie basis of tlie respective amounts

provided from each fund for purchase of plant.

(1) The hoard may take over from the Minister for Public AVorks at a valuation, and such Alinistcr shall •'.u reasonable notice transfer to the board any or all such lorries, road rollers, traction cmfincs and other road making and testing machinery, plant, and appliances as are held by such Alinistcr at the date of the commence ment of this Act and in the opinion of the board are deemed necessary for use in connection with work on main roads, and which have heim used by such Minister exclusively for such work. The hoard shall pay to the Treasurer, for value of such plant and appliances so taken over, such sum as may he agreed between the board and the Minister for Public AA'orks, or in default of agreement, as may he decided by the Treasurer.

Councirs

riglit to be

44. (1) AA'henever the hoard proposes—

heard.	(a) to recommend the proclamation of a road as s
cf. Vic. G.K.

A ct,

main road, or the cancellation of the proclama

2 S ( 4 } .

tion of a main road, or to refuse an application

from a council for such a proclamation ; or

(h)	to demand under Part V of this Act any contribution over one hundred pounds from a council; or

See s. 32.ante.

(c) to carry out itself any work in respect of which the council will probably he required under Part V of the Act to contribute a sum greater than one hundred pounds,

the hoard shall before finally deciding the matter give reasonable notice of its intention to the council conceme 1.

(2) Such council may within a reasonable period to he fixed in such notice notify the hoard that it desires to be heard and to call evidence in respect of the matter. and the board shall hear the council accordingly.

(3)

Main Roads Act.

271

(3) The board sliaii serve notice on the council George V,

of its decision.

(4) Any council affected may udlliin one montl:. iti-iitof

from tlic service of notice of any sucli decision serve a notice, in writing, on the hoard, signifying its intention to appeal therefrom to the jMinistcr. Such notice shall state concisely the grounds of the appeal. The hoard shall serve a copy of such notice on the councils affected.

(5) The IMinistcr shall hear and di'terminc the appeal and may allow the otlu'r councils alfected to he heard : and the hoard and all councils aifcctcd shall give effect to his decision.

(0)	This section shall not operate to prevent

the Governor from acting under section thirty-one

hereof in laise of emergency.

45. (1) The hoard may call upon any council for Duty of

any information needed for the purpose of carrying out

the jirovisions of this Act.	matio'ii.
(2) Any council so called u])on shall sup])ly tin; information within one month from the receipt of tlû
re([U('st.

46. In didault ol' diu' com])lianc(' wi(h the ])rovisions lOifniccnKi.t

of this Act a council shall l)e liahl(' to a ])enalty not exceeding llfty pounds, and to a continuing penalty not exc('eding two pounds for each day on which sucli default continues, and sueh jienalty may he recovered by the hoard, and when recovered shall he })aid into the ajipropriate main roads fund.

47. Any moneys due by a council (including the ]i«c(.viuj of

Botiiny Ikoad Trust) or by a statutory body or by any pi'rson under this Act may he recovered hy the hoard as a debt.

48. Tor the purposes of tb.is Act the board may—

Various ^

(1) carry out all such surveys and investigations as Lara.

mav be necessarv or exiK’diimt to ascertain—

<f, vio. gj;.

■*

A /•!

1 <11

(a) what roads shall be main roads ;	.b i.-). ' "
(b) the nature and extent of tlie resources of New South AVales in materials suit able for the ])urposes of road making and maintenance, and the most effective

•

and

272 Main Roads Act.

G3orge V,

and economical methods for dealing

No. 24.

with tliem, and for supplying or utilis

ing them on main roads ;

(c)	the most effective methods of road construction and maintenance for main roads ;
(d)	the methods of road administration, finance, construction, maintenance, and control of other countries ; and
(e)	what deviations (if any) in existing main roads or what ncAV main roads should in its opinion he made so as to facilitate communication and improve the condi tions of traffic;

(2) puhlish for general information the results of

such surveys and investigations ;

(3) co-operate Avith and assist councils in or carry out Avorks Avliich thougli not upon main roads are directly or indirectly for the benefit of main roads;

Kxpcnses of

(4) pay from the appropriate fund, or pay from

th is

section.

and apportion betAveen the funds, any expenses incurred by the board for the purposes of the fox’egoing paragraphs of this section ; and

Paym ent of	(5) pay from the appropriate fund or pay from
various

expenses,	and apportion betAveen the funds any sum due
cf. Qsld.	under an agreement lawfully made for the
M .R . Act,
1920,3. 23(b).	purposes of tliis Act, or any sum rccoA'crcd against the board by process of laiv, or Avbich the board has agreed to pay to any person in settlement of any claim brouglit against it for compensation or damages for or in respect of any act of the board in pursuance of its poAvers under this Act, or any sum which by any order made or pur})orting to be made by any com petent authority the board is directed to pay by Avay of comjiensation, damages, costs, fines, penalties, or otlienvise.

Various

49.

(1) The GoA'crnor may on tlie application of tlie

powers,

board resume land under the Public AVorks Act, 1912, for the purposes of this Act, and may vest the Avholc or

part

Main Roads Act.

273

part of sucli land in the hoard or proclaim the Avliole George V,

or part to he a piihlie road or public resenm, and place

it under the control of the council, as the hoard may

recommend.

•

(2) The hoard may lease, cause to he resumed, or purchase land, provide huildings, apjiliances, quarries, gravel pits, and m orks for the manufacture, storage, and treatment of materials and appliances for the purposes of this Act, and may sell materials and appliam^es which may he produced in excess of the hoard’s require ments or which the hoard may deem it advisable to sell.

50. The hoard may enter into contracts and do all Coauacis,

other acts which may he necessary or advisable for the

purposes of this Act.

51. (1) Upon the recommendation of the board OrUnanoes.

ordinances may be made under the Local Government Act, 1919, but subject to the Metropolitan Traffic Act, 1900, for cai’rying this Act into effect, and in particular for and with ri'spcct to—

(a)	the lorescrvation of trees and vegetation on main roads;

(b) the prevention of damage to main roads;

(c)

the prevention of the doing of things likely to injure main roads;

(d)

the regulation of the weight of vehicles using main roads and the loads on such vehicles;

(e)

the regulation of the use of vehicles likely to injure main roads;

(f)

the weighing of vehicles and loads, the estima tion of weight according to a prescribed scale for various classes of goods, the requiring of vehicles and loads to he taken to a public weighbridge for weighing; and the marking of weight on the vehicles ; and

(g)

the restriction of traffic or of any spcciticd class of traffic to protect main roads from injury;

(h)

authorising councils to grant permission for the ('rection on main roads in return for advertising concessions of highway light

houses or beacons.

(2)

271 Main Roads Act.

George V,

(2) The provisions of sections live hundred and

No. 24. sevc'iitv-five to live hundred and seventv-nine of the

Local Government Act, 1919, both inclusive, shall niuUitis mutandis apply to ordinances made as aforesaid.

(3)	Section three of the Motor Traflic Act,

1909, is amended hy adding to paragraph (1)) thereof the following :—-“ and tlu' weights of the loads Avhicli may he carried upon dilforent kinds of )uotor vehicles ; and H'gulate the carrying on motor vehicles of long, large, heavy, or projecting articles.”

Paym ents 52. (1) The [Minister may certify to the board the

eouucX'*̂ " amounts and particulars of assistance gi'anted or

before promised hy him before the commencement of this

mmit’of this	various councils in respect of main and devtdop- mental roads from funds to he provided for the financial year commenced on the first day of July, one thousand nine hundred and 1 wtmty-four. and may rerjuire the hoard to provide sucli assistanct; in accordance with such grant or promise from the appropriatt' fund under this Act.
Act.
(2) The Treasurer may deduct from any moneys payable to the ap})ropriate Main Roads Lund any sums exjiended from Revenue Votes with the approval of the Minister after the first day of July, one thousand nine hundred and twenty-four, and before the commencc'ment of tliis Act, in granting assistance to councils for work on main roads.
Potar,y-ror.(i.	53. (1) Upou tlic Completion of the construction of Eotany-road, the Rotany Road Trust shall report the fact to the hoard.
(2) The hoard shall thereupon arrange to take over the indebtedness of the Botany Road Trust in respect of the construction of the road, and may issue further debentures, bonds, or other securities iu relation thereto.
(3) M'hcn such arrangements are com}ilete the board may recommend the Governor to issue a pro clamation repealing paragraph (c) of subsection live of section tliirteen and section seviaitcen of this Act, and suspcMiding the operation of the Botany Road 'Trust Copstitution Act. 1922.

(d )

Banks and Bank Holidays (Amendment) Act,

27j

(4) Tlie Governor may issue siieli proclamation George V

aceording'ly ami tliereiqion such proclamation shall No. 24.

have the force of lav.

(5) Upon the suspension of the Botany Boad Trust Constitution Act, 4022, the members of the Trust then in oflicc shall cease to hold office; and the operation of the provisions of tlu' Act shall he suspended jxmdinu; further legislation.

(G) d'lû provisions of section eigdit of the Jnter- juadation Act, 1897, shall apply in respect of the ('nactments repi'aled or suspended in accordance vifh this section.