Main Roads Act 1925 (WA)

1925.] Main Roads. [No. 51.

MAIN ROADS.

16° GEO. V., No. LI.

No. 51 of 1925.

AN ACT to make provision for the construction, mainte- nance, and supervision of Main and Developmental Roads ; and for other relative purposes.

[Assented to 31st December, 1925.]

Council and Legislative Assembly of Western Australia, inBE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:—

Preliminary.

1.    (1.) This Act may be cited as the Main Roads Act, Short mtltelnet and

1925, and shall come into operation on a day to be fixed by :via of ojnirai

proclamation.

(2.) This Act shall apply to such portions only of the

State as shall from time to time be defined by proclamation.

one hundred and eighty-three of the Road Districts Act, 1919, itrat;ipet; tghnhot2. From and after the commencement of this Act section Sec. 183 of Road

shall not apply to any road that is within any portion of the Pmcialnied"""

State to which this Act applies.

3. In this Act, subject to the context,— Interpretation.

"Board" means the Main Roads Board constituted by

this Act;

"District" means a municipal or road district;

"Financial year" or "Year" means the period of twelve

months ending on the thirtieth day of June in any

year;

"Inspector" means an inspector appointed under and for the purposes of this Act;

"Local authority" means a municipal council or a road

board;

No. 51.] Main Roads. [1925

"Main road" means a road declared by proclamation under this Act to be a main road, and includes an} part of a main road;

"Minister" means the Minister for Works;

"Proclaimed area" means a portion of the State to which

this Act applies;

"Road" means and includes any thoroughfare or high- way which the public are entitled to use, and ever} part thereof, and all bridges and culverts and other things appurtenant thereto or used in connection therewith.

Main Roads Board.

Main Roads Board. 4. (1.) A Board to be called the "Main Roads Board"

is hereby constituted.

(2.)

The Board shall consist of three members, who shall from time to time be appointed by the Governor.

(3.)

Two of the members of the Board shall be engineers

qualified by training and experience in modern road-making,

and the third member shall be a skilled administrator.

Term of omno.	5. (1.) Each member shall be appointed for a term not exceeding in any case five years; but lie may be removed from office by the Governor at any time within the term for mis- behaviour or incompetence, or if he becomes incapable of performing his duties, or absents himself from three con- secutive meetings of the Board, except on leave granted by the Minister.
(2.) Any vacancy occurring on the Board, whether by expiration of a member's term of office or otherwise, may be filled by the appointment of any eligible person.

(3.)

In the case of the absence of a member of the Board the Governor may appoint some other similarly qualified person to act temporarily as a member of the Board in his place.

Any person ceasing to be a member by reason of the

expiration of his term of office or otherwise shall (if other-

wise qualified) be eligible for re-appointment.

(4.)

Defects In appoint- 6. (1.) No act or proceeding of the Board shall be invalid

ment not to loved.

date proceedings or illegal in consequence only of the number of members of

of Board,

the Board not being complete at the time of such act or pro-

ceeding.

1925.] Main Roads. 1:No. 51.

(2.) All acts and proceedings of the Board shall, not- withstanding the discovery of any defect in the appointment of any member thereof, or that any member was disqualified or disentitled to act, be as valid as if such member had been duly appointed and was qualified and entitled to be and to act, and had acted, as a member of the Board, and as if the Board had been prop any and fully constituted.

7. (1.) The Governor shall appoint a member to be chair- chair. at Board.

man of the Board, and another member to be deputy chairman

thereof.

The chairman, when present, shall preside at any

meeting of the Board. In the absence of the chairman from

any meeting the deputy chairman shall preside.

(2.)

All questions arising at any meeting of the Board shall be decided by the votes of the majority of those present; but, in the case of equality of voting, the person presiding for the time being shall have a casting as well as a deliberative vote.

(3.)

8. (1.) The Board shall meet at such times and places Meetings of Board.

as the Board from time to time determines.

(2.) Any two members shall constitute a quorum at any

meeting of the Board.

(3.) The Board shall cause correct minutes of all its meetings to be kept, and shall submit to the Minister a copy of its decisions within fourteen days after each meeting.

9. For the purposes of this Act the Board shall be a body Board to be It body corporate.

corporate under the name of the "Main Roads Board," and shall have perpetual succession and a common seal and power to acquire, hold, and dispose of real and personal property, and to sue and be sued, and to do and exercise all such acts and powers as may be necessary or convenient for carrying into effect any of the purposes or objects of this Act.

10. Each member of the Board shall receive such sala Remuneration of members.

or fees as may be fixed by the Governor.

11. (1.) The Board, with the approval of the Minister, may make use of the services of any of the officers and employees of the Public Service, and the Governor may appoint any	Officers and em-
plo)'ees.

No. 51.] Main Roads. [1925.

persons to be officers or employees of the Board for the pur- poses of this Act: Provided that all casual employees re- quired by the Board for works of construction and mainten- ance may be employed by the Board.

(2.) Any member, acting member or officer of the Board who, at the date of his appointment to or under the Board by the Governor, was an officer of the Public Service shall, in re- spect of his service on or under the Board be deemed to serve in an established capacity in the permanent civil service of the Government so as to preserve any pension rights that may be accruing to him, and with reference to any question as to continuity of service; and in the event of his service on or under the Board being discontinued, or in the event of the dissolution of the Board, shall be eligible on the recommenda- tion of the Minister, to be re-appointed to some office in the Public Service corresponding in classification and emolument to that which he held at the date of his appointment to or under the Board, as if he had not held any office on or under the Board.

Officers to be sub-

ject to control of 12.

Every assistant engineer, inspector, and other officer shall, in the exercise and discharge of their respective powers and duties under this Act, in all things be subject to the direc- tion and control of the Board.

Board.

Main Roads.

Male roads may be

proclaimed. 13.

(1.) The Governor may, on the recommendation of the Board, declare by proclamation that any road shall be a main road, and may in the like manner and on the like recommen- dation declare that any main road shall cease to be a main road. The footpaths of any road may, by such proclamation or any subsequent proclamation, be excluded from the main road.

(2.) In considering whether to make any such recom- mendation the Board shall take into account

(a) the moneys available or likely to be available for

main roads;

(b) whether the road is or will be the main route connec- ting any large producing area, or any area capable of becoming in the near future a large producing area, with its market or nearest port or railway station;

1925.] Main Roads. [No. 51.

(c)	whether or not the road is or will be the main route of inter-communication between two or more large producing areas, or areas capable of becoming in the near future large producing areas, or between two or more large centres of population; and
(d)	whether the road is or will be the main route between the capital and any large producing area or any large centre of population.

(3.) The Board, before recommending to the Grover-

n Or

(a )that any road be a main road;

(b)	that the maps, plans, and estimates of any proposed new main road or deviation from an existing main road be approved;
(c)	that plans and estimates of any permanent improve- ments to any main road or any part thereof be ap- proved,

shall serve on each local authority in whose district such road is or new road or deviation is proposed to be made, or improve- ments are proposed to be made, notice of its intention to make such recommendation.

Such notice shall fix a day not less than 30 days from the service of the notice upon which any objections which may be made by any local authority concerned will be considered by the Board before making any recommendations:

Provided that any local authority which feels aggrieved by any such recommendation may, within 30 days after the consideration of such objections, appeal to the Minister, who may vary or disallow such recommendation.

(4.) All main roads shall, for the purposes of the Traffic Act, 1919, be deemed to be Government roads.

14.    (1.) The Governor may on the recommendation of the Ytirrde

Board authorise and empower the Board to provide and set out main roads, and every main road set out by the Board shall be deemed to have been proclaimed to be a main road under this Act.

(2.) Before making any such recommendation the Board shall take into account such matters as are mentioned in subsection (2) of the last preceding section.

15. Subject to the Public Works Act, 1902, and without rnal&oroads veded

prejudice to section two hundred and forty-two of the Muni- cipal Corporations Act, 1906, and section one hundred and

No. 51.] Main Roads. [1925.

ninety-two of the Road Districts Act, 1919, there shall vest

in the Crown

(a) all main roads and the materials thereof and all

things appurtenant thereto;

(b) all ornamental trees and shrubs, and subject to the provisions of the Forests Act, 1918, the timber upon any main road;

and the Board shall have the care, control, and management

thereof.

Powers and Duties of Board.

Powers of Board. 16, (1.) The Board may

(a)	make, form, level, grade, pave, improve, and main- tain all main roads, and do all things necessary for or incidental to the proper management there- of ;
(b)	exercise in regard to any main road any power which a local authority could exercise in regard thereto if such road were within its district.

(2.) The powers of any loral authority over any main road shall not be deemed to be taken away by this Act, but the exercise of such powers shall be subject to the control and direction of the Minister.

(3.)

A local authority may, at the request of the Board, undertake on behalf of the Board the construction, mainten- ance, and repair of any main road within its district, or the construction of any developmental road within its district; and, subject to the work being done to the satisfaction of the Board, and except in so far as the expense is incurred by a local authority under the authority of paragraph (b) of sec- tion twenty-nine hereof, the cost thereof shall be payable to the local authority out of the Main Roads Trust Account.

Board to conduct	17. The Board, so far as any moneys legally available for
experiments.

the purpose permit, shall

(1) carry out all such surveys and investigations as may be necessary or expedient to ascertain

(a)	what roads shall be main roads;
(b)	the nature and extent of the resources of the State

in metals, minerals, and materials suitable for

the purposes of road construction and mainten- ance, and the most effective and economical methods of dealing with the same and for apply-

1925.] Main Roads. [No. 51.

ing the same to, and utilising the same for the said purposes in, the whole or any part of the State;,

(c) the most effective methods of road construction and

maintenance for the whole or any part of the

State; and

(d) what deviation (if any) in existing roads or what new roads should in its opinion be made so as to facilitate communication and improve conditions of traffic; and

(2)	conduct or cause to be conducted experiments with dif- ferent materials to test their relative durability and suitability for the construction and maintenance of roads; and
(3)	record, publish, and make available for general infor- mation the results of all such surveys and investi- gations; and
(4)	purchase all land, machinery, tools, implements, and materials that may be needed -for the purposes of this Act:

Provided that no contract involving an expenditure by the Board of an amount exceeding one thousand pounds shall be entered. into by the Board without the written consent of the Minister being first obtained.

Other /lathe of the

18. The Board shall also— Board.

(a)

inspect and report on and construct or supervise

roads and works when so desired by the Minister;

(b)

report to the Minister at least once a year, and on such other occasions as the Minister directs, on its proceedings under this Act;

(e) keep a full and complete record of all stock, machin- ery, plant, and materials the property of the Board under this Act;

(d)	supervise the construction, improvement, and main- tenance of main roads and developmental roads, and other works to be carried out under this Act; and
(e)	perform such other duties as may be prescribed.

19. The Board may request any local authority to fur- Board may

nish any information respecting any road or work under the n aargItykt

control of such authority, and if the information is available it hams'

it shall be furnished to the Board by the local authority within

one month.

No. 51.] Main Roads. [1925.

Power to lay tram-

ways for transport.

20. The Board may, with the approval of the Minister, construct tramways, aerial tramways, steel tracks, and other works on any road for the purpose of transporting materials for facilitating the exercise of its powers under this Act, and the approval so given shall be sufficient authority for the Board to construct and maintain such tramways, aerial tram- ways, steel tracks, and other works, and to use the same for the purpose aforesaid, and for all purposes incidental thereto.

log materials.

Developmental Roads.

Developmental

roads may be	21. (1.) The Governor may, on his own initiative or on
declared or

provided. the recommendation of the Board,

(a) declare any road to be a developmental road for

the purposes of this Act;

(b) authorise and empower the Board to lay out and

provide any such developmental road.

(2.)

The Governor may likewise, or on the like recom- mendation, revoke or vary any declaration made under this section, but without prejudice to anything previously done by virtue of such declaration.

(3.) All developmental roads shall be handed over to the

local authority.

Board to Investigate	22. Before making any recommendation for the purposes of the last preceding section, the Board, in consulta- tion with the local authority, shall make such investi- gations as may be prescribed, which shall include, in the case of a recommendation under subsection (1), an investigation as to whether the road or proposed road will serve to develop or further develop any district or part of a district, or will serve to develop any area of Crown or pri- vate land by providing access to a railway station or a ship- ping wharf, or to a road leading to a railway station or a shipping wharf.
before making
recommendation.

Powers In respect of 23. The Minister, the Board, and the officers acting

developmental	under this Act shall have the same powers with regard to the
roads.
provision and construction of developmental roads as are by this Act conferred on them regarding main roads, and the provisions of this Act regarding the provision and construc- tion of main roads shall, so far as practicable, apply qnutatis mutandis, to developmental roads.

1925.] Main Roads. [No. 51.

24. (1.) If after a developmental road is handed over to case

2 default °lga 1 cal

oy. o

any local authority, such local authority fails to maintain to the satisfaction of the Board any developmental road, the Board shall by notice in writing direct the local authority to carry out, within a period to be named in the notice, such works of maintenance as are specified.

If the local authority fails to comply with any such direc- tion, the Board may carry out such works. Any expenses so incurred by the Board shall be repaid by the local authority to the Board, and if not repaid within three months after de- mand by the Board, shall be deemed a debt due and payable to His Majesty, and all remedies therefor may be enforced in the name of His Majesty against the local authority and the revenues thereof.

All moneys repaid by, or recovered from a local

authority under this section, shall be placed to the credit of

the Main Roads Trust Account.

(2.)

Where, in the opinion of the Board, two or more dis- tricts derive benefit from any such developmental road, the Board shall determine the proportion which the local auth- ority of each district shall contribute to such expenditure; and the provision.s of section thirty of this Act relating to the ap- portionment of the amount expended on permanent works and maintenance mutatis mutandis, apply, subject to such modifications thereof as may he prescribed to adjust and apply those provisions to this section.

(3.)

Land Resumption.

25. Whenever any land is required for the purposes of r iaking lancr

this Act, such land may be entered upon, surveyed, and taken under the powers contained in and in accordance with the procedure prescribed by the Public Works Act, 1902.

Protection to the Board and Officers.

26. (1.) No matter or thing done by the Board or any of Protection to Board andlOfdlcara:ei

its officers in good faith for the purpose of executing this Act shall subject the Board or any of its officers to any liability in respect thereof.

(2.) No action shall he brought against the Board or any of its officers for or on account of any matter or thing done or committed by him or it in the execution or intended execu- tion of his or its duty or office under this Act, unless such action is commenced within six months after the cause of action has arisen.

No. 51.] Main Roads. [1925.

The Main Roads Trust Account.

Main Routs Trust

Account 27. There shall be paid every year to the credit of an account to be established at the Treasury and to be called "The Main Roads Trust Account" the annual amount of the fees and moneys following, that is to say:

(a)	such proportion of the tax imposed on the unim- proved capital value of land as has -been for the time being appropriated by Parliament to the pur- poses of this Act;
(b)	all net revenue received by the Commissioner of Taxation under any Act imposing a tax on the in- come of vendors of motor spirit in addition to any other income tax payable by such vendors, if and so far as such tax is payable to a fund -for the pur- poses of main roads;
(c)	all moneys paid to the Treasurer by any local auth- ority in respect of permanent works and of the maintenance of main roads, and of the mainten- ance of developmental roads;
(d)	the amount received by the State Government dur- ing the year from the Government of the Common- wealth under the Main Roads Development Act, 1923, or any amendment thereof;
(e)	all moneys appropriated by Parliament for the pur- poses of this Act; provided that so far as any moneys so appropriated are raised under a Loan Act, the Main Roads Trust Account shall be charged with one-half of the amount of the annual interest and sinking fund contribution payable in respect of such moneys;
(f)	all moneys received by the Board under the provi-

sions of this Act.

Appropriation of

Main Roads Trust 28. (1.) The amount of all fees and moneys paid into the

Account. Main Roads Trust Account

(a)	shall in the first place be chargeable with the costs of collection as certified by the Minister, and secondly with the costs incidental to the adminis- tration of this Act, and the exercise of the func- tions of the Board;
(b)	subject as aforesaid shall be used and applied in such manner and proportions as the Governor, on the recommendation of the Board, shall from time to time determine in and for the purpose of defray-

1925.] Main Roads. [No. 51.

ing the cost of and incidental to the provision, con- struction, maintenance, and supervision of main roads, and, subject as hereinafter provided, to the provision and construction of developmental roads, and of any other work executed and provided under this Act;

Provided that-

(i)    no moneys received from the Government of the Commonwealth under the Roads Development Act, 1923, or any Act amending that Act, shall be applied or used in the prescribed area to or in con- nection with any main road or developmental road which is not deemed to be a main road for the pur- poses of such Act; and

(ii)    no moneys to the credit of the trust account shall be applied to the provision or construction of developmental roads except so far as such moneys shall have been received from the Government of" the Commonwealth as aforesaid, or expressly ap- propriated by Parliament for the purpose.

Provided also that notwithstanding that moneys received from the Government of the Commonwealth under the Main Roads Development Act, 1923, are paid to the credit of the Main Roads Trust Account, such moneys may be applied to the construction and maintenance of any roads in the State which are deemed to be main roads for the purposes of that Act:

Provided that no money to the credit of the trust account shall be applied to the provision or construction of develop- mental roads without the approval of the Governor.

The warrant of the Board shall be a sufficient auth-

ority to the Treasurer to make any payment provided for by

this section.

(2.)

The unexpended moneys in the account at the end

of any year may be used under this section for any other year

without fresh appropriation.

(3.)

29. It shall be lawful for any local authority to expend pAoutrtrl gekreca x.

out of its ordinary revenue, or money borrowed for the pur- ahoritleg.

pose under its borrowing powers, such sums as the local auth-

ority may, in its discretion, think fit

(a) in payment to the Board of contribution to the cost of the construction of any main road, or develop- mental road; or

No. 51.] Main Roads. [1925.

(b) in payment of the expense incurred by the local auth- ority in the construction, maintenance, or repair of any main road or developmental road undertaken by the local authority,

so far as any such road is within the district of the local

authority.

-PPortIonmentot

the amount ex-	30. (1.) The Board shall, before the thirtieth day of June ent works and maintenance on main roads during the preced- ing year between the various districts benefited thereby in the following manner :-
pended on perman•
ent works and	in each year, apportion half the amount expended on perman-
maintenance.
It shall, before the thirty-first day of January in each year, determine

(a) the permanent works and maintenance from which

each of the districts respectively has benefited;

(b)	the proportion of the amount as aforesaid to be ap- portioned which is allocated to each such district having regard to the benefits it has obtained from the expenditure;
(c)	the amount of the contribution which each local auth- ority of each such district shall pay in respect of the proportion so allocated.

The contributions from the local authorities need not be

at a uniform rate, but may be varied in the case of each local

authority according to the benefits from the respective works:

Provided that the total amount of the contributions from

all local authorities concerned shall equal the amount as afore-

said to be apportioned.

A district may be benefited by expenditure on permanent works and maintenance, although such permanent works and the roads maintained are not situated within the district, if substantial traffic to or from the district passes over, or in the case of new roads will in the opinion of the Board pass over, a road on which such expenditure has been made.

(2.), Notwithstanding anything in this section, the Board, with the approval of the Governor, may in the case of any local authority reduce the amount of the contribution of such local authority determined as aforesaid in respect of the main- tenance of any road where it is proved to the satisfaction of the Board that the cost of maintenance is excessive, and that such cost is due to motor traffic not of local origin or to timber traffic.

1925.] Main Roads. [No. 51.

In exercising this authority the Board shall take into account the revenue, valuation, and rating of the local auth- ority, and also its financial obligations on account of liability for loan expenditure incurred in respect of permanent works under this Act.

(3.) Before finally making the apportionment in subsec- tion one hereof mentioned, the Board shall serve a notice upon each contributory local authority setting forth

(a) the amount which is to be apportioned between the

districts;

(b)	the permanent works and maintenance, each separ- ately stated, from which each of the said districts respectively is deemed to have benefited and the amount expended thereon;
(c)	the proportion of the amount expended on the said permanent works and maintenance, each separately stated, which it is proposed to allocate to each of the districts benefited;
(d)	the several proposed contributions of the said local

authorities;

(e) in cases where the contributions are not proposed to be charged at a uniform rate, the reasons for the variation.

Such notice shall be served not later than the twentieth day of February in each year, and shall -fix a day, not less than sixty days from the day of the service of the notice, up to which objections to the proposed appointment will be received.

(4.) The Board shall consider all such objections, and if deemed necessary amend its apportionment accordingly. In so doing, it may include a district and local authority thereof not previously included (in which case, however, such local authority must first be notified and given the opportunity to object), or may exclude a district and local authority thereof previously included. The decision of the Board as to the amount each of the said local authorities shall pay in respect of permanent works and of maintenance shall, upon confirma- tion by the Governor in Council, be final and conclusive.

(5.) The amount of contribution from a local authority in respect of permanent works determined under this section shall, notwithstanding anything contained in any other Act, be and be deemed to be a loan for a period of thirty years ad- vanced by the Treasurer to that local authority on which that local authority shall pay six and a-half per centum per annum

No. 51.] Main Roads. [1925.

to cover interest and sinking fund, and the loan shall be deemed to have been advanced on the first day of July next ensuing after the apportionment of such amount.

The amount of contribution from a local authority in re- spect of maintenance shall be a debt due from such local auth- ority to the Board, recoverable in any court of competent jurisdiction:

Provided that the Minister may, if he thinks fit, declare any part of the district of such local authority to be a bene- fited district with respect to the works in respect of which the contribution is apportioned, in which case the special rate so to be levied shall be a separate rate levied in and for such benefited district.

(6.) Where several local authorities are liable to contri- bute towards the amount expended pursuant to this Act on any permanent works or maintenance

(a)	the Board may, in any case in which the works are not completed, postpone the apportionment of any such amount until the works are completed; and
(b)	in every such case the interest on that portion of the capital cost for which such local authorities are liable shall be calculated to the thirty-first day of January next preceding such apportionment, and be added to the said portion of the capital cost, and shall be paid by the local authorities together with the said portion of the capital cost accord- ingly.

Regulations.

Power to make

regtilotions. 31. The Governor may, on the recommendation of the Board, make regulations not inconsistent with this Act, pre- scribing all things which by this Act are required or per- mitted to be prescribed or which it may be necessary or convenient to prescribe for the purpose of giving effect to the objects and purposes of this Act, including regulations to authorise local authorities to grant permission for the erec- tion on main roads, in return for advertising concessions, of highway lighthouses or beacons, and regulations prescribing the travelling expenses to be allowed to members of the Board; and may by such regulations prescribe penalties for offences against the regulations not exceeding in any case the sum of twenty pounds.