Main Roads Act Amendment Act of 1923 (14 Geo v No. 12) (Qld)

ROADS. -----.-_. ~ - --- --- ----- 14 GEO. V. No. 12, 1923. Main Roads Act Amendment Act. _ . _ ... _ - - - - - - - 10833 ROADS. .An Act to Amend "The Main Roads Acts, 1920 to 14NGo.eo1. 2V. . 1922" in certain particulars. THE MAIN ROADS ACT [ASSENTED TO 25TH SEPTEMBER, 1923.] AAMCTENODFM 19 E 2 N 3 T . B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, :and by the authority of the same, as follows :-- 1. Tliis Act may be cited as "The Main Roads Short title Act Amendment Act of 1923," and shall be read as one and . with *" The Main Roads Acts; 1920 to 1922," herein ~ ~~ ~ ~~ lCtlOn -collectively referred to as the Principal Act. 2. In section two of the Principal Act, after the Amendmenf. definition of "Board" the following definition is in- of s. 2. :serted :- " "Developmental road "-Any road route or Deyelop- means of access declared to be a develop- mental road, mental road under this Act, or any part of such developmental road." In the definitions of "Maintenance" and "Permanent improvement" and "Permanent works" in the said section, after the word "main" wherever it occurs the words "or developmental" are inserted. 3. After section nineteen of the Principal Act the Amendment following sections are inserted :- of s. 19. "[19A.] (1.) The Board may from time to time Develop- ll'ecommend to the Governor in Council that- mental roads. (a) Any road route or means of access not already declared a main road which, in the opinion of the Board, will develop or further develop any area of land opened or proposed to be opened for settlement, shall be declared a developmental road; (b) Any main road or part of a main road may be declared to be no longer a main road, and that such road or part thereof shall be declared g, developmental road; • 10 Geo. V. No. 26, supra, page 9265; and 13 Geo. V. No. 24, 8upra, page 10198.

10834 ROADS. Jliain Roads Act Amendment Act. 14 GEO. V. No. 12, (:::) Any road declared a developmental road shall' be declared to be no longer a developmental oad. (2.) Each such recommendation as aforesaid shall describe the course of such road route or means of access and specify the points of commencement and termination thereof. (3.) The Governor in Council may from time to time by proclamation confirm such recommendation, and thereupon the road route or means of access mentioned in such recommendation shall be a developmental road or cease to be a main road and become a developmental road or cease to be a. developmental road as to the whole or part thereof specified in the proclamation. Develop- [19B.] There shall be created at the Treasury a ~~ ~ ~~ l Fund. fund to be c~lled the" Developmental Roads Fund." To the credit of such fund shall be placed all moneys: appropriated by Parliament for the purposes of develop- mental roads. The moneys to the credit of such fund shall, upon vouchers of the Board, be applied towards the payment of all expenses incurred in carrying out permanent works on developmental roads, or in respect of any expenses incurrf'd by the Board in the maintenance of develop- mental roads where such expenses as hereinafter provided have been necessary by reason of the default of a Local Authority. Progress payments. The Board may authorise the Treasurer to make partial payments to any contractor or to any Local Authority carrying out any work on a developmental road under this Act as the same progresses. The progress estimates shall be based upon materia,}s in place and l~ bollr expended thereon; but shall not authorise the payment of more than eighty-five per centUll1 of the contract price of any work in advance of the full completion. Payment by [190.J The Local Authority within whose area per- Local. manent improvements have been created on a develop- ~~ :: ~ ;t; !n of men~ a~ road shall, subject to the next succ~eding of interest prOVISIOn, pay to the Treasury annually for a perIOd of ponercmoasnt eonft twenty years an amount equal to one half of the interest works. payable on the total cost of such permanent improve-

ROADS. 10835 1923. Main Roads Act Amendment Act. ments; and the rate of such interest shall be fixed by the Governor in Council, but shall not exceed the rate charged to Local Authorities at the time when the works were executed as interest on ordinary loans: Provided that where permanent improvements have been created on a developmental road which lies within the areas of two or more Local Authorities, the amounts on which interest as aforesaid is to be calculated as pay- able by each Local Authority benefited may, if the Board thinks proper, be fixed not on the total cost of such improvements in each respective area, but in proportion to the benefit which the whole of such improvements has conferred on each area, notwithstanding that no part of such improvements has been created in one or more of such areas. All sums by way of interest payable under this section shall be payable by Local Authorities at the time and in the manner prescribed. The certificate of the Board as to the amount due under this section from any Local Authority shall be conclusive evidence of the facts therein stated. [19n.] (l.) The Local Authority in whose Area any Maintenance developmental road is situated shall at its own expense of develop· maintain such road and all works thereon; and the Board : ~ ~ t; : ' l shall, except as next hereinafter provided, have no duty obligation liability or responsibility in respect of such maintenance. All such maintenance shall be carried out to the satisfaction of the Board. If any 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 direction, 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 demand 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 Majestyagainst the Local Authority nd the revenues thereof.

10836 ROADS. ]{ain Roads Act Amendment Act. 14 GEO. V. No. 12, (2.) All money repaid by or recovered from a Local Authority under this section shall be placed to the credit of the Developmental Roads Fund." Amendment 4. The following provision is added to section of s. 20. twenty of the Principal Act:- "Provided always that the Board shall not, with respect to roads or road improvement work, have any greater duty obligation liability or responsibility than by the LocaJ Authorities Acts or otherwise is imposed upon Local Authorities." Powers of entry, &0. 5. After section twenty of the Principal Act the following sections are inserted :- "[20A.] (1.) For the purposes of this Act, the Board or any person authorised either ~pecially or generally by it may- (a) Enter and re-enter from time to time upon any land, with such assistants as are required, to make any survey which is authorised to be made; (b) Affix or set up thereon trigonometrical stations, survey pegs, marks, or poles, and from time to time alter, remove, inspect, reinstate, and repair the same; (c) Dig and bore into the land so as to ascertain the nature of the soil, and set out the lines of any worl,s thereon; (d) Do all things necessary for the purposes aforesaid. (2.) When practicable, reasonable notice shall be given to the owner or occupier of the land of the inten- tion to enter thereon, and the authority under which the person entering claims to enter or has entered shall, if required by such owner or occupier, be produced and shown. (3.) Every person who- (a) Without due authority destroys, mutilates, defaces, takes away, or alters the position of any trigonometrical station, survey peg mark or pole fixed or set up by any person under the authority of this section; or

ROADS. 10837 1923. Main Roads Act Amendment Act. (b) Wilfully obstructs any person acting under the authority of this section; 1Shall be liable to a penalty not exceeding fifty pounds. [20B.] (I:) The Board may temporarily occupy and Land maYbe aunseyawnoyr k lasn, danfo d r mthae yp- urpose of constructing or repairing otecmcuppoireadri. ly. (a) Take therefrom stone, gravel, earth, and other materIal; ;(b) Deposit thereon any material; ~ c) Form and use temporary roads thereon; < d) Manufacture pipes or other materials thereon; (e) Erect machinery, workshops, sheds, and other buildings of a temporary nature thereon. (2.) The person having the charge of the works shall, before occupying or using any land as herein pro- vided, and except in the case of accident requiring immediate repair, give to the owner or occupier thereof not less than three days' notice in writing, and shall :state in such notice the use proposed to be made of the land and an approximate period during which such use is expected to continue. (3.) The owner of the land may, at any time during such occupation, give notice in writing to the Board that he cla:ms compensation; and if the land is not taken the owner and all persons having any interest in the land may recover under *" The Public Works Land Re- sumption Acts, 1906-1917" compensation for all damage done, but not exceeding the compensation which would have been payable had the land been taken. (4.) No compensation shall be payable for any act oOr thing done under this section, the right or authority to exercise which is reserved by any Act,. or by any regulation, Crown grant, or other instrument, except to the extent therein mentioned, notwithstanding that the terms and conditions imposed by such Act, regulation, grant, or instrument have not been performed." 6. In sections 9, 10, 13, 14, 15, 16, 17, 18, 20, 21, 29, Conse. :33, and 35, and the Schedule of the Principal Act, after quential the word "main" wherever it occurs, the words "or amendments. developmental" are respectively inserted. .. 6 Edw. VII. No. 14 and Amending Acts, supra, pages 8211 and 8362.

10838 ROADS. Main Roads Act Amendment Act. 14 GEO. V. No. 12, 1923.. Amendment 7. The Schedule of the Principal Act is amended as of S, hedule. follows :__ . (a) The following paragraphs are added to section thirteen :- Prohibiting the use of motor vehicles without the consent of the· owner (including in the term "owner" the holder of such vehicle under a hire purchase agreement), and, notwith- standing any other provision of this Act, imposing a penalty not exceeding twenty pounds or imprisonment in the first. instance for any term not exceeding six months for any breach of any such regulation as last aforesaid: Provided that nothing in any such regulation as last aforesaid shall- (a) Apply to any police officer when acting in the executioTh of his duty; or (b) Affect any other liability, whether civil or criminal, of any person guilty of an offence against any such, regulation. Causing inquiries to be held into accidents resulting in injury to persons, caused or alleged to have been caused by motor vehicles, and conferring upon the person holding: such inquiry the powers of a justice under *., The Inquests of Death Act of 1866." (b) After section twenty-eight the following section is inserted :-- Agreements [29.] Making agreements with Local Authorities for the carrying with Local Authorities. out of functions and duties under this Act by officers of the Local Authority, and the conditions and terms of payment for such services by such officers. Reprinting Act. 8. In all copies of "The ]JtIal:n Roads Acts, 1920 to 1923" hereafter printed by the Government Printer, the sections or subsections thereof shall be renumbered so as to be in consecutive numerical or alphabetical order as the case may require throughout, and all specific references to any section or subsection or other provision by its number or alphabetical letter in any enactment of such Acts or in any other Act shall be amended by the substitution of the proper number or letter of the, reprinted Act. * 30 Vie. No. 3, supra, page 1196.