Main Roads Act Amendment Act 1977 (WA)
WESTERN AUSTRALIA.
MAIN ROADS.
No. 54 of 1977.
AN ACT to amend section twenty-eight A, section thirty-two and the Second Schedule to the Main Roads Act, 1930-1976.
[Assented to 23rd November, 1977.]
BE it enacted by the Queen's Most Excellent Majesty, 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 Short title | and |
| Act Amendment Act, 1977. | dtation. |
(2)
| In this Act the Main Roads Act, 1930-1976, is referred to as the principal Act. | Reprinted |
| as approved | |
| for reprint | |
| 18th December, 1976. |
(3)
The principal Act as amended by this Act may be cited as the Main Roads Act, 1930-1977.
| No. 54.] | Main Roads. | [1977. |
Section 28A.
| amended. | 2. Section 28A of the principal Act is amended by deleting the subsection designation "(3)", in line one of paragraph (b) of subsection (5) of that section, and substituting the designation "(5)". |
| Section 32 | |
| amended. | 3. Section 32 of the principal Act is amended by deleting subsection (2) to subsection (9), inclusive, of that section and substituting new subsections as follows |
(2) For the purposes of subsections (3) to
(11) inclusive of this section
| (a) | "relevant year" means each of the financial years ending on the thirtieth day of June, 1978, the thirtieth day of June, 1979, and the thirtieth day of June, 1980; |
| (b) | "Second Schedule" means the Second Schedule to this Act; |
| (c) | a reference to Group A, Group B, Group C, Group D or Group E is a reference to the appropriate Group in the Second Schedule; |
| (d) | the expressions "construction", "main- tenance", "rural road", "urban arterial road" and "urban local road" have the same respective meanings as they have in and for the purposes of the States Grants (Roads) Act, 1977 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 authority includes, in addition to the meaning of road works expenditure under the States Grants (Roads) Act, 1977 of the Parliament of the Common- wealth, expenditure on footpaths, street lighting and cleaning and maintaining road verges. |
| 1977.] | Main Roads. | [No. 54. |
(3) (a) This subsection applies to the local authorities specified in Groups C, D and E.
An amount of $9 093 332 shall be made available each relevant year from the Main Roads Trust Account and, subject to paragraph (c) of this subsection and subsections (4), (7) and (8) and paragraph (a) of subsection (9) 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 may be determined from time to time by the Minister.
(b)
Every base grant paid to a local authority pursuant to this section is so paid on condition that it shall be expended upon main- tenance or construction, and every additional grant so paid to a local authority pursuant to this section is so paid on condition that it shall be expended upon construction of rural roads, in accordance with a programme to be approved by the Minister on the recommendation of the Commissioner.
(c)
(d) 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 warrant- ing exist, approve of the expenditure of part of the additional grant upon maintenance of rural roads.
An amount of $590 702, or such other amount as the Minister on the recommendation of the Commissioner may determine, shall be made available each relevant year from the Main Roads Trust Account and shall be paid in that year into a Fund to be maintained by the Commissioner and known as the Rural Councils' Supplementary Road Grant Fund.
(e)
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Each local authority for which a Supple- mentary Grant Provision is shown in the Second Schedule may submit to the Commissioner each relevant year a statement of road needs and projects for the construction of rural roads which shall be included in a financial pro- gramme not exceeding in total the amount of the Supplementary Grant Provision shown for that local authority in the Second Schedule, and the Minister may, on the recommendation of the Commissioner, approve any such pro- gramme or any part of such programme in which event moneys may be paid out of the Rural Councils' Supplementary Road Grant Fund to the local authority to meet expenditure incurred for any project so approved.
(f)
Where moneys within the Rural Councils' Supplementary Road Grant Fund have not been approved for expenditure in accordance with paragraph (f) of this subsection by the end of a relevant year, the Minister, on the recommen- dation of the Commissioner, may approve the allocation of those moneys for expenditure by local authorities on construction of rural roads.
(g)
(4) (a) For the purpose of this subsection,
the base grant for any local authority in Group
C or D for a relevant year shall be the lesser of
the following amounts, namely-
(i) its base grant as shown in the Second Schedule; or
(ii) one half of the sum of the base, additional and any supplementary grant received by that local authority pursuant to subsection (3) of this section in a relevant year.
(b) Notwithstanding the provisions of para-
graph (b) of subsection (3) of this section, the
amount which any local authority specified in
| 1977.] | Main Roads. | [No. 54. |
Group C or D may receive as a base grant for a relevant year shall be the lesser of the follow- ing amounts, namely-
(i) its base grant as provided in paragraph (a) of this subsection; or
(ii) the amount determined by applying the following quota of grant to quota of expenditure on road works by the local authority from its own resources for that year
Group C—$1 grant for each $1.50 expenditure on road works from its own resources;
Group D—$1 grant for each $0.75 expenditure on road works from its own resources.
(5) (a) This subsection applies to the local authorities specified in Groups A and B.
An amount of $2 345 105 shall be made available each relevant year from the Main Roads Trust Account and, subject to paragraph (c) of this subsection and subsections (6), (7) and (8) and paragraph (a) of subsection (9) of this section, is payable in that year to the local authorities as base grants as specified in the Second Schedule or as base grants of such other amounts as may be determined from time to time by the Minister.
(b)
Every base grant paid to a local authority pursuant to this subsection is so paid on condi- tion that is shall be expended upon construction of urban local roads in accordance with a programme to be approved by the Minister on the recommendation of the Commissioner.
(c)
(d)
Notwithstanding the provisions of para- graph (c) of this subsection, where a local authority satisfies the Minister that the whole of its base grant ref erred to in that paragraph cannot usefully be applied as required by that
| No. 54.] | Main Roads. | [1977. |
paragraph, the Minister may, where he is satisfied that special circumstances so warrant- ing exist, approve of the expenditure of an amount not exceeding one half of the base grant upon the construction or maintenance of urban roads.
An amount of $4 690 211 shall be made available each relevant year from the Main Roads Trust Account, and of that amount $3 342 725 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 $1 347 486 shall be paid in that year into a fund to be maintained by the Commissioner and known as the Outer Metro- politan Councils' Urban Road Fund, but the Minister may, from time to time, vary the distribution of the amount of $4 690 211 between those two Funds.
(e)
Each local authority specified in Group 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.
(f)
Each local authority specified in Group 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 be paid out of the Outer Metropolitan Councils' Urban Road Fund to the local authority to meet expenditure incurred upon the projects so approved.
(g)
| 1977.] | Main. Roads. | [No. 54. |
(6) Notwithstanding the provisions of para- graph (b) of subsection (5) of this section, the amount which any local authority specified in Group A or B may receive as a base grant for a relevant year shall be the lesser of the follow- ing amounts, namely
| (a) | its base grant as shown in the Second Schedule; or |
| (b) | the amount determined by applying the following quota of grant to quota of expenditure on road works by the local authority from its own resources for that year |
Group A—$1 grant for each $4 expenditure on road works from its own resources;
Group B—$1 grant for each $3 expenditure on road works from its own resources.
(7) Where the sum of the amounts expended by a local authority on road works from its own resources over the total period of the three relevant years exceeds the sum of the amounts required for that local authority to receive its full entitlement of the base grant
| (a) | as determined in paragraph (a) of subsection (4) for a local authority in Group C or D; or |
| (b) | as specified in the Second Schedule for a local authority in Group A or B, |
for those years, that local authority shall receive its full entitlement of the base grants, notwith- standing that in respect of the first or second of such years a deficit is carried forward and notwithstanding the provisions of subsection (4) or subsection (6) of this section.
| No. 54.] | Main Roads. | [1977. |
(8) Where in a relevant year, a local authority satisfies the Minister that because of special circumstances existing there should be a reduction in its quota of expenditure on road works from its own resources, the Minister may reduce the quota of expenditure for that local authority, notwithstanding the provisions of subsection (4) or subsection (6) of this section.
(a) Such moneys paid to local authorities under subsections (3) and (5) of this section as are derived from payments made under the States Grants (Roads) Act, 1977 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 (5) of this section are paid on the condition that the moneys are expended on works or projects approved by the Minister on the recommenda- tion of the Commissioner, but the Minister may, on the recommendation of the Commissioner, approve of variations in works or projects previously approved.
(9)
(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 States Grants (Roads) Act, 1977 of the Parliament of the Commonwealth, the Commis- sioner may transfer those moneys to the Main Roads Trust Account.
(10) The Minister may delegate to the Commissioner all or any of his powers under paragraphs (c) and (f) of subsection (3), of paragraphs (c), (f) and (g) of subsection (5) and paragraph (a) of subsection (9) of this section.
| 1977.]. | Main Roads. | [No. 54. |
(11) A local authority shall not be regarded, for the purposes of subsections (4), (6), (7) or (8) of this section, as having expended any particular 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.
(12) 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.
(13) 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 Commis- sioner shall make such adjustment, in respect of moneys erroneously or improperly paid to the Main Roads Trust Account, as the circum- stances may from time to time require.
(14) 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.
| No. 54.] | Main Roads. | [1977. |
Second
| Schedule | 4. The principal Act is amended by deleting the |
| substituted. | Second Schedule and substituting a new schedule as follows |
SECOND SCHEDULE
Supple-
| Base | Additional | mentary |
| Grant | Grant | Grant |
Provision
Group A:
City of
| Perth | 242 437 |
| Fremantle | 64 879 |
| Gosnells | 118 443 |
| Melville | 143 600 |
| Nedlands | 54 332 |
| South Perth .... | 79 364 |
| Stirling | .... | 417 913 |
| Subiaco Town of- | 40 695 |
| Bassendean | 30 714 |
| Canning | .... | 124 663 |
| Claremont | .... | 21 808 |
| Cockburn | .... | 86 900 |
| Cottesloe | 19 470 |
| East Fremantle | 16 672 |
| Mosman Park | 16 710 |
Shire of
| Bayswater | .... | .... | 100 710 |
| Belmont | .... | 87 869 |
| Peppermint Grove .... | 4 183 |
Group B:
| Town of- Kwinana | 47 398 |
| Shire of- |
| Armadale-Kelmscott | 86 320 |
| Kalamunda | 89 413 |
| Mundaring | .... | 61 691 |
| Rockingham | 66 504 |
| Serpentine-Jarrandale | 37 146 |
| Swan | 99 638 |
| Wanneroo | 185 633 |
Group C:
Town of
| Albany | .... | 158 167 | 105 405 | 52 761 |
| Bunbury | .... | 195 123 | 195 122 | |
| Geraldton | ||||
| •••• | 171 347 | 171 347 | ||
| Kalgoorlie | .... | 86 730 | 86 730 | |
| Narrogin | ||||
| •••• | 51 003 | 51 003 | ||
| Northam | •••• | 68 772 | 68 771 |
| 1977.] | Main Roads. | [No. 54. |
SECOND SCHEDULE—continued
Supple-
| Base | Additional | mentary |
| Grant | Grant | Grant |
Provision
| $ | $ | $ |
Shire of
| Albany | .... | 73 278 | 73 277 |
Augusta-Margaret
| River Beverley | .... | .... | 55 574 | 55 574 | .... |
| .... | .... | 32 687 | 27 634 | 5 053 |
| Boddington .... | 12 256 | 12 256 |
| Boyup Brook | 44 476 | 44 476 |
| Bridgetown- |
| Greenbushes | 47 350 | 42 315 | 5 034 |
| Brookton | .... | .... | 25 728 | 22 218 | 3 510 |
| Broomehill | .... | .... | 16 573 | 16 573 | .... |
| Bruce Rock .... | 46 822 | 39 738 | 7 083 |
| Busselton | .... | .... | 89 894 | 89 894 | ||
| Capel | .... | .... | 37 367 |
| ||
| Carnamah | .... | .... | 23 932 | 23 931 |
| Chapman Valley | .... | 23 707 | 23 707 | .... |
| Chittering | .... | .... | 18 139 | 17 085 | 1 054 |
| Collie | .. | 74 581 | 48 586 | 25 995 | |
| Coorow | 22 650 | 22 649 | .... | ||
| Corrigin | 45 069 | 37 327 | 7 742 | ||
| Cranbrook | .... | .... | 29 831 | 29 830 | |
| Cuballing | .... | .... | 17 153 | 17 152 | |
| Cunderdin | .... | 45 452 | 23 301 | 22 151 | |
| Dalwallinu | .... | 63 462 | 48 094 | 15 367 | |
| Dandaragan | 44 344 | 44 343 | .... | ||
| Dardanup | .... | .... | 32 728 | 29 562 | 3 165 |
| Denmark | .... | .... | 25 468 | 25 468 | |
| Donnybrook- | |||||
| Balingup Dowerin | .... | .... | 47 158 | 33 602 | 13 555 |
| 29 433 | 29 432 | .... | |||
| Dumbleyung | 31 435 | 26 127 | 5 307 | ||
| Esperance | .... | 131 954 | 130 481 | 1 473 | |
| Gingin | .... | 29 223 | 25 987 | 3 235 | |
| Gnowangerup | 72 082 | 72 081 | .... |
| Goomalling .... | 29 639 | 24 446 | 5 193 |
| Greenough .... | 36 407 | 36 406 |
| Harvey | .... | 87 655 | 54 064 | 33 590 |
| Irwin | .... | 17 415 | 17 414 | |
| Katanning | .... | 67 450 | 51 303 | 16.147 |
| Kellerberrin .... | 40 800 | 38 595 | 2 205 |
| 34 091 | 34 090 |
| Kojonup | .... | 51 618 | 40 614 | 11004 |
| Kondinin | .... | 38 104 | 38 103 | |
| Koorda | .... | 31 406 | 31 405 | |
| Kulin | .... | 38 282 | 38 282 |
| Lake Grace .... | 57 831 | 57 831 |
| Mandurah | .... | 62 841 | 62 840 |
| Manjimup | .... | 102 727 | 102 727 |
| No. 54.] | Main Roads. | [1977. |
SECOND SCHEDULE—continued
Supple-
| Base | Additional | mentary |
| Grant | Grant | Grant |
Provision
| $ | $ | $ |
| Shire of- Merredin | 87 444 | 87 444 | .... |
| Mingenew | 19 546 | 13 658 | 5 888 |
| Moora | 57 507 | 47 368 | 10 139 |
| Morawa | .... | 39 344 | 20 041 | 19 303 |
| Mt. Marshall | 39 046 | 39 045 | .... | |
| Mukinbudin | 28 825 | 25 035 | 3 789 | |
| Mullewa | 40 463 | 27 344 | 13 119 | |
| .... | ||||
| Murray | .... | 55 309 | 55 309 | |
| Nannup | .... | 16 759 | 16 758 |
| Narembeen .... | 41 109 | 41 108 | .... |
| Narrogin | .... | 24 754 | 22 751 | 2 003 |
| Northam | .... | 43 892 | 43 385 | 507 |
| Northampton | 42 215 | 42 215 |
| Nungarin | 16 022 | 15 009 | 1013 |
....
| Perenjori | .... | 42 202 | 42 202 | ||
| Pingelly | .... | 25 959 |
|
| Plantagenet .... | 68 435 | 60 188 | 8 247 |
| Quairading | .... | 37 253 | 29 713 | 7 540 |
| Ravensthorpe | 30 810 | 30 810 | .... | |
| Tambellup | .... | 21 171 | 13 289 | 7 882 |
| Tammin | .... | 17 827 | 14 867 | 2 959 |
| Three Springs | 23 689 | 22 489 | 1 199 | |
| Toodyay | .... | 27 994 | 13 544 | 14 450 |
| Trayning | .... | 23 163 | 20 250 | 2 913 |
| Victoria Plains | .... | 32 635 | 32 634 |
| Wagin | .... | .... | 46 704 | 35 008 | 11 696 |
| Wandering | .... | .... | 11 704 | 8 379 | 3 324 |
| Waroona | .... | .... | 30 972 | 18 740 | 12 231 |
| West Arthur | .... | 27 407 | 27 407 | ||
| Westonia | 20 817 | 19 205 | 1.612 | ||
| Wickepin | 27 621 | 25 872 | 1 748 | ||
| Williams | 22 024 | 20 006 | 2 017 | ||
| .... | .... |
| Wongan-Ballidu | .... | 49 574 | 49 574 | ||
| Woodanilling | .... | 13 576 |
| ||
| Wyalkatchem | .... | 28 496 |
| ||
| York .... | 34 706 | 34 705 |
Group D:
Shire of
| Boulder | 123 789 | 82 393 | 41 395 |
....
| Carnarvon | 83 476 | 83 476 |
....
| Coolgardie | .... | 54 917 | 54 917 | ||
| Exmouth | .... | 30 294 |
| ||
| Port Hedland | 131 895 |
|
| Roebourne, .... | 83 276 | 83 275 |
| Yilgarn | .... | 67 989 | 67 989 |
| 1977.] | Main Roads. | [No. 54. |
SECOND SCHEDULE—continued
Supple-
| Base | Additional | mentary |
| Grant | Grant | Grant |
Provision
| $ | $ | $ |
Group E:
Shire of
| Broome | 20 988 | 20 988 |
| Cue | .... | 5 867 | 5 866 | ... |
| Dundas | .... | 29 512 | 19 850 | 9 661 |
| East Pilbara | 32 724 | 32 724 | ||
| Hall's Creek | 21 175 | 21 175 | ||
| Laverton | .... | 9 687 | 9 686 | |
| Leonora | .... | 13 457 | 13 456 | .... |
| Meekatharra | 23 020 | 19 316 | 3 704 | |
| Menzies | .... | 8 845 | 8 844 | .... |
| Mt. Magnet .... | 8 013 | 7 097 | 915 |
| Murchison | ... | 8 065 | 8 064 |
| Sandstone | .... | 5 512 | 5 511 |
| Shark Bay | .... | 7 727 | 7 726 |
| Upper Gascoyne | 8 623 | 8 623 |
| West Kimberley | 36 031 | 36 031 |
| West Pilbara | 29 972 | 29 972 |
| Wiluna | .... | 12 332 | 12 332 |
Wyndham-East
| Kimberley | 44 203 | 12 869 | 31 334 |
| Yalgoo | 6 465 | 6 465 |
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