Main Roads Act Amendment Act 1974 (WA)

WESTERN AUSTRALIA.

MAIN ROADS.

No. 28 of 1974.

AN ACT to amend the Main Roads Act, 1930-1972.

[Assented to 29th October, 1974.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent

of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Main Roads	and citation.
Short title

Act Amendment Act, 1974.

(2) In this Act the Main Roads Act, 1930-1972, is Zi i rove dfg.

referred to as the principal Act.

reprint 22nd

January,

1970 and

amended by

(3) The principal Act as amended by this Act `,711,7135

may be cited as the Main Roads Act, 1930-1974.

No. 28.] Main Roads. 11974.

Commence-

ment. 2. This Act shall be deemed to have come into

operation on the first day of July, 1974.

Section 32

Section 32 of the principal Act is amended by repealing subsections (2), (3), (4), (5), (6), (7), (8) and (9) and substituting the following sub- sections

amended. 3.

(2) For the purposes of subsections (3) to (6), inclusive of this section

(a)	"relevant year" means each of the financial years ending on the thirtieth day of June, 1975, the thirtieth day of June, 1976 and the thirtieth day of June, 1977;
(b)	"Second Schedule" means the Second Schedule to this Act;
(c)	a reference to Zone A, Zone B, Zone C or Zone D is a reference to the appro- priate Zone in the Second Schedule;
(d)	the expressions "construction", "main- tenance", "national road", "rural arterial road", "rural road" and "urban arterial road" have the same respective meanings as they have in and for the purposes of the Roads Grants Act 1974 and the National Roads Act 1974, of the Parliament of the Commonwealth; and
(e)	the term "expenditure on road works from its own resources", however expressed, in relation to a local auth- ority includes, in addition to the meaning of road works expenditure under the Roads Grants Act 1974 of the Parliament of the Commonwealth, expenditure on footpaths, street light- ing and cleaning and maintaining road verges.

1974.] Main Roads. [No. 28.

(3) (a) This subsection applies to the local

authorities specified in Zones C and D.

(b) An amount of $7 561 930 shall be made available each relevant year from the Main Roads Trust Account and, subject to paragraph (c) of this subsection and subsections (5) and

(6) of this section, is payable in that year to

the local authorities as base and additional grants as specified in the Second Schedule, or as base and additional grants of such other amounts as determined from time to time by the Minister.

Every base grant paid to a local authority pursuant to this section is so paid on condition that it shall be expended upon maintenance or construction, and every additional grant so paid to a local authority pursuant to this sec- tion is so paid on condition that it shall be expended upon construction of rural roads, other than rural arterial roads or national roads, in accordance with a programme to be approved by the Minister on the recommenda- tion of the Commissioner.

(c)

Notwithstanding the provisions of para- graph (c) of this subsection, where a local authority satisfies the Minister that the whole of its additional grant referred to in that para- graph cannot usefully be applied as required by that paragraph, the Minister may, where he is satisfied that special circumstances so warranting exist, approve of the expenditure of part of the additional grant upon mainten- ance of rural roads.

(d)

(4) (a) This subsection applies to the local

authorities specified in Zones A and B.

(b) An amount of $2 133 487 shall be made available each relevant year from the Main Roads Trust Account and, subject to paragraph (c) of this subsection and subsections (5) and (6) of this section, is payable in that year to the local authorities as base grants as specified

No. 28.] Main. Roads. [1974.

in the Second Schedule or as base grants of such other amounts as determined from time to time by the Minister.

(c)

Every base grant paid to a local auth- ority pursuant to this subsection is so paid on condition that it shall be expended upon maintenance or construction of roads generally, in accordance with a programme to be approved by the Minister on the recommendation of the Commissioner.

An amount of $4 266 973 shall be made available each relevant year from the Main Roads Trust Account, and of that amount $3 246 456 shall be paid in that year into a Fund to be maintained by the Commissioner and known as the Inner Metropolitan Councils' Urban Road Fund, and $1 020 517 shall be paid in that year into a fund to be maintained by the Commissioner and known as the Outer Metropolitan Councils' Urban Road Fund, but the Minister may, from time to time, vary the distribution of the amount of $4 266 973 between those two Funds.

(d)

Each local authority specified in Zone A may submit to the Commissioner each relevant year a programme containing projects for the construction of urban arterial roads and urban local roads and the Minister may, on the recommendation of the Commissioner, approve any such project, in which event moneys may be paid out of the Inner Metropolitan Councils' Urban Road Fund to the local authority to meet expenditure incurred upon the project so approved.

(e)

Each local authority specified in Zone B may submit to the Commissioner each relevant year a programme containing projects for the construction of urban arterial roads and urban local roads and the Minister may, on the recommendation of the Commissioner, approve any such project, in which event moneys may

(f)

1974.] Main Roads. [No. 28.

be paid out of the Outer Metropolitan Councils' Urban Road Fund to the local authority to meet expenditure incurred upon the project so approved.

(g) Where a project submitted by a local authority specified in Zone B does not qualify for expenditure out of such of the moneys within the Outer Metropolitan Councils' Urban Road Fund as are derived from pay- ments made under the Roads Grants Act 1974 of the Parliament of the Commonwealth, the Minister may, where he is satisfied that special circumstances so warranting exist, approve of the payment out of other moneys within that Fund to the local authority to meet expendi- ture incurred upon that project.

(5) (a) Such moneys paid to local authorities under subsections (3) and (4) of this section as are derived from payments made under the Roads Grants Act 1974 of the Parliament of the Commonwealth are paid on condition that the moneys are expended in accordance with the terms and conditions specified in that Act, and all moneys paid to local authorities under subsections (3) and (4) of this section are paid on the condition that the moneys are expended on works or projects approved by the Minister on the recommendation of the Commissioner, but the Minister may, on the recommendation of the Commissioner, approve of variations in works or projects previously approved.

(b) Where moneys within the Inner Metro- politan Councils' Urban Road Fund or the Outer Metropolitan Councils' Urban Road Fund are not expended within the time specified in the Roads Grants Act 1974 of the Parliament of the Commonwealth, the Commissioner may transfer those moneys to the Main Roads Trust Account.

No. 28.] Main Roads. [1974.

(c) The Minister may delegate to the Com- missioner all or any of his powers under para- graph (c) of subsection (3) of paragraphs (c), (e) and (f) of subsection (4) of this section, and paragraph (a) of this subsection.

(6) (a) Notwithstanding the provisions of paragraph (b) of subsection (3) and paragraph (b) of subsection (4) of this section, the amount which any local authority, specified in Zone A, B or C may receive as a base grant for a rele- vant year shall be the lesser of the following amounts, namely-

(i)

Schedule; or

the amount determined by applying

the following grant quota to the

expenditure on road works by the local

its base grant shown in the Second that year

Zone A—$1 grant for each $2 ex- penditure on road works from its own resources;

Zone B—$1 grant for each $1.50 expenditure on road works from its own resources;

Zone C—$1 grant for each $1 ex- penditure on road works from its own resources.

(b) Notwithstanding the provisions of para- graph (b) of subsection (3) of this section, the amount which any local authority specified in Zone D may receive as a base grant for a rele- vant year shall be the lesser of the following amounts, namely-

(i)   the base grant shown in the Second Schedule; or

(ii)    the amount determined by applying the grant quota that is determined from time to time by the Minister to be applicable to the local authority in relation to expenditure on road

1974.] Main Roads. [No. 28.

works from its own resources for that

year.

(c)

Where the amount expended by a local authority on road works from its own resources in a relevant year exceeds the amount required for the local authority to receive its full entitle- ment of the base grant pursuant to paragraph (a) or (b) of this subsection, the excess expenditure shall be treated, for the purposes of this subsection, as expenditure by the local authority during the next succeeding relevant year.

(d)

A local authority shall not be regarded, for the purposes of paragraphs (a), (b) or (c) of this subsection, as having expended any par- ticular amounts on road works from its own resources unless such expenditure is certified to be correct by audit pursuant to Part XXVII of the Local Government Act, 1960; and, in any event, where the Minister is satisfied that an amount paid to a local authority under this section exceeds the amount that was properly payable, he may require the local authority to repay the amount of the excess to the Main Roads Trust Account and may cause any amount so repayable but not repaid to be deducted from any other amount that may become payable to the local authority under this Act.

(7) The Minister may authorise the making of advances of such amounts and at such times as he thinks fit, on account of any amount that may become payable to a local authority under this section.

(8)

The warrant of the Commissioner is sufficient authority to the Treasurer to make any payment provided by this section; and, in authorising any such payment the Commissioner shall make such adjustments, in respect of moneys erroneously or improperly paid to the Main Roads Trust Account, as the circumstances may from time to time require.

No. 281 Main Roads. [1974.

(9) Any unexpended moneys standing to the credit of the Main Roads Trust Account, at the end of a financial year, may be applied under this section to any other year, without fresh appropriation.

Section 3M

repealed.	4.	Section 33A of the principal Act is repealed.
Second
Schedule	5.	The principal Act is amended by deleting

substituted.

the Second Schedule thereto and substituting the

following schedule

SECOND SCHEDULE

Grants to Local Authorities

Base Grant

Zone A:

City of

Perth	257 156
Fremantle	69 054
Melville	140 383
Nedlands .	57 249
South Perth	79 792
Stirling	406 074
Subiaco	43 381

Town of

Canning	.	106 745
Claremont	22 757
Cockburn .	79 366
Cottesloe	20 481

East Fremantle	17 637
Gosnells	87 331
Mosman Park	17 139

Shire of-

Bassendean	29 513
Bayswater	97 145
Belmont .	88 042
Peppermint Grove	3 983

1974.] Main Roads. [No. 23.

Base Additional

Grant Grant

Zone B:

Shire of- Armadale-Keltriscott 81 428

Kalamunda	74 459
Kwinana	46 154
Mundaring	56 822
Rockingham	51 346
Swan	93 945
Wanneroo	106 105

Zone C:

Town of

Albany	87 370	175 741
Bunbury	107 191	214 382
Geraldton	90 456	180 913
Kalgoorlie	43 146	86 292
Narrogin	25 526	51 052
Northam	37 344	74 687

Shire of

Albany	38 897	77 794
Augusta-Margaret River	23 165	46 330
Beverley	18 159	36 319
Boddington	6 193	12 386
Boyup Brook	19 863	39 727
Bridgetown-Greenbushes	26 305	52 611
Brookton	14 293	28 587
Broomehill	8 622	17 243
Bruce Rock	26 012	52 024
Busselton	47 319	94 639
Capel	20 759	41 519
Carnamah	10 658	21 317
Chapman Valley	12 025	24 051
Chittering	10 077	20 155
Collie	41 434	82 868
Coorow	12 024	24 048

Corrigin	.	25 038	50 0'77
Cranbrook	16 564	33 129
Cuballing .	7 395	14 790
Cunderdin	25 251	50 502
Dalwallinu	35 256	70 513

Dandaragan	15 740	31 480
Dardanup	18 182	36 364
Denmark	14 095	28 191
Donnybrook-Balingup	26 199	52 397
Dowerin	15 299	30 597
Dumbleyung	17 464	34 927
Esperance	73 308	146 615
Gingin	16 235	32 469
Gnowangerup	40 032	80 065

No. 28.] Main. Roads. [1974.

Base Additional

Grant Grant

$ $

Shire of-

Goomalling	16 466	32 932
Greenough	16 205	32 409

Harvey	..	48 697	97 394
Irwin	.	8 624	17 248
Katanning	37 472	74 945

Kellerberrin	22 667	45 334
Kent	14 714	29 427
Kojonup	28 677	57 353
Kondinin	19 114	38 229
Koorda	16 778	33 555
Kuhn	17 064	34 127
Lake Grace	25 933	51 865
Mandurah	29 640	59 281
Manjimup	56 749	113 497
Merredin	42 187	84 374
Mingenew	10 859	21 718
Moora	31 948	63 897
Morawa	21 858	43 715
Mt. Marshall	20 943	41 885
Mukinbudin	16 014	32 027
Mullewa	22 479	44 959
Murray	23 830	47 659
Nannup .	6 348	12 697
Narembeen	20 324	40 647
Narrogin	13 752	27 505
Northam .	24 384	48 769
Northampton	21 984	43 969
Nungarin	8 901	17 802
Perenjori	19 084	38 168
Pingelly	13 509	27 017
Plantagenet	38 019	76 039
Quairading	20 696	41 392
Ravensthorpe	12 642	25 283
Tambellup	11 762	23 523
Tammin	9 904	19 807
Three Springs .	13 160	26 321
Toodyay	15 552	31 105
Trayning	12 868	25 737
Victoria Plains	17 834	35 669
Wagin	25 947	51 893
Wandering	6 502	13 004
Waroona	17 206	34 413
West Arthur	15 163	30 327
Westonia	11 565	23 130

Wickepin . 15 345 30 689

Williams . 12 235 24 471

Wongan-Ballidu	27 127	54 255
Woodanilling	7 542	15 085

1974.] Main Roads. [No. 28.

Base Additional

Grant Grant

Shire of-

Wyal k.atch em	15 831	31 662
Yilgarn.	27 589	55 178
York	17 999	35 997
Serpentine-Jarral-idale	15 635	31 269

Zone D:

Shire of

Boulder	68 771	137 543
Broome	10 949	21 899
Carnarvon	44 482	88 963
Coolgardie	12 253	24 505

Cue	1 965	3 931
Dundas	16 395	32791
East Pilbara	13 281	26 563
Exmouth	16 830	33 660
Hall's Creek	5 174	10 348
Laverton	1 713	3 425
Leonora	6 645	13 291
Meekatharra	12 789	25 577

Menzies	..	3 221	6 442
Mt. Magnet	4 451	8 903
Murchison	4 383	8 767

Port Hedland	73 275	146 549
Roebourne	35 332	70 664
Sandstone	2 379	4 758
Shark Bay	2 450	4 901
Upper Gascoyne	3 506	7 013
West Kimberley	18 614	37 227
West Pilbara	13 668	27 337
Wiluna	1 577	3 155
Wyndham-East Kimberley	24 557	49 115
Yalgoo	3 255	6 511