Main Roads Act of 1920 (10 Geo v No. 26) (Qld)

ROADS. ss. 1, 2. 1Jlain Roads Act.' 10 GEO. V. No. 26, 1920. 9265 QUEENSLAND GOVERNMENT SAVINGS BANK. See BANKS. RENTS, FAIR. See LANDLORD AND TENANT. ROADS. An Act to make better provision for the Construction 10 N G o e . o. 26 V . . and Maintenance of Main Roads and for other THE MAIN purposes. ROADS ACT o~ · 1920. [ASSENTED TO 8TH MARCH, 1920.] , BE it enacted by the King's Most Excellent Majesty, . by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- I 1. This Act may be cited as " The Main Roads Act Short title of 1920," and shall come into operation on the first day ~ ~ ! mence. of January, one thousand nine hundred and twenty. ment of Act. 2. In this Act, unless the context otherwise indicates, Int,erpreta- the following terms have the meanings respectively tion. assigned to them, that is to say:- "Area"-The Area of a Local Authority; Area. "Authorisedofficer"-An officer of the Board Authorised authorised either generally or for any par- officer. ticular purpose by the Board ; " Board"-The Main Roads Board constituted by Board. this Act; " Fund "-The Main Roads Fund created by this Fund Act; "Land" includes any estate or interest in land Land (legal or equitable) and any easement, right, power, or privilege over, in, or in connection with land;

9266 s. 2. ROADS. Main Roads Act. 10 GEO. V. No. 26, Local Authorities Acts. Local . Au~ hority. Main road Mainb'n ance. Minister. Newspaper Permanent improve. ment. "Local Authorities Acts"-*" The Local Authoritie8Act8, 1902to1917," and "The Local Work8 Loans Acts; 1880 to 1918," and any Act amending or in .substitution for those Acts or any of them; " Local Authority"-A Local Authority constituted under the Local Authorities Acts; "Main road"-Any road declared to be a main road under this Act, or any part of such road; " Maintenance" inclUdes all works of every descrip- tion which are in the opinion of the Board calculated to keep the main road and any drain draining such road in the same state of utility as they were in at the time when such road was proclaimed a main road, or in the same state of utility as they were in as the result of any permanent improvements which have been effected to them: the term also includes- (a) The destruction and eradication by the Board of noxious weeds and plants upon a main road; (b) The am6unt of any judgment and costs recovered by any person in any action against tp.e Board in respect of any loss or injury sustained by any person by reason of any accident upon or while using any main road; "Minister"-The Secretary for Public Works or other Minister of the Crown charged for the time being with the administration of this· Act; " Newspaper"-A newspaper printed and published and generally circulating in the Area or locality in question, and if no newspaper is so printed and published then some newspaper generally circulating in such Area or locality; "Permanent improvement" includes all works of every description, exclusive of maintenance, which are in the opinion of the Board calcu- lated to increase the utility of a main road; also drains for drai~ ng such road; I, \ * 2 Edw. VII. No. 19 and 44 Vic. No. 9 and amending Acts, supra, pages 1860 et seq.

ROADS. s. 3. 9267 1920. Main Roads Act. ., Permanent works" includes new maIn roads, Permanent deviations from existing m!'tin roads, and works. permanent improvements to main roads; "Road" includes bridge, culvert, ferry, and ford. Road. 3. (1.) There shall be constituted a Board to beGovernorin called the Main Roads Board, consisting of three members Coun. ci~ may who shall be appointed by the Governor in Council: ~ ~ ~ ~ Provided that one of such members shall be an engineer qualified by examination and experience in modern road- making. (2.) The Governor in Council may appoint one of Chairman such members to be the chairman of the Board. (3.) The Governor III Council may at any time remove Removal and any member of the Board, and may from time to time, as taopp fi o ll in ' tment any vacancy occurs in the office of chairman or other vacancies. member of the Board, appoint some person to fill the vacancy. (4.) The Governor in Council may at any time Appoint- appoint, for a period not exceeding six months, any: ~ i~ t person to act in the place of any member of the Board who members is absent from Queensland or incapacitated by illness or other temporary cause from discharging his duties as such member. Such acting member shall discharge the duties of the member who is so absent or incapacitated until the return to Queensland or removal of the incapacity of such member, or the expiry of the period of appointment of such acting member, whichever first happens. . (5.) Each member of the Board shall, unless removed T~ ms o~ as provided by this Act, be entitled to hold office for the ~ liJbili~ y term for which he has been appointed, but such term rfoearppo.m ' , t shall not exceed five years. ment. Any member of the Board may from time to time be reappointed for any further term not exceeding five years. (6.) A member of the Board shall not, during his Members not continuance in office- to.otheenrgage in .(a) Engage in any employment other than in con- employment., nection with the duties of his office as member, &c, without the consent in writing of the Governor in Council;

9268 s. 4. ROADS. Main Roads Act. 10 GEO. V. No. 26, (b) Engage in any profession, trade, or calling outside the service of the State; (c) Be subject to the provisions of *" The Public Service Acts, 1896 to 1901," or any Act amending or in substitution for those Acts or any of them. Salaries. (7.) The members of the Board shall be paid such salaries and allowances as the Governor in Council from time to time determines. Vacation of ')ffice. (8.) Any member of the Board who- . (a) Is wilfully absent from his duty for a period of fourteen consecutive days except with leave granted by the Minister; or (b) Becomes incapable of performing his duties; or (c) Resigns. his office by writing under his hand addressed to the Governor in Council, shall (save as otherwise expressly provided by this Act) thereby vacate his office as such member. The Minister is hereby authorised to grant any leave of absence for the purpose of this subsection. Insolvency, (9.) No person who is an uncertificated insolvent &c. shall be capable of being appointed a member of .the Board. Persons (10.) Any member of the Board who becomes insol- innostotlovebnet or vent or applies to take the benefit of any Act for the to continue relief of insolvent debtors, or who by any deed or other mtoebmebers of writing compounds with his creditors o~ makes an assign- the Board. ment of his salary for their benefit, s all be deemed to have vacated his office as such membe . . Members not to be personally interested in contract.s. 4. (1.) Any member of the Board who- (a) Is in any wise concerned or interested, whether directly or indirectly, in any bargain or contract made by or on behalf of the Board or any Local Authority acting in pursuance of any arrangement made with the Board; or (b) In any wise participates or claims to be entitled to participate in the profit thereof or in any benefit or emolument arising from the same; shall thereby vacate his office as such member, and shall also be liable to a penalty not exceeding one hundred '" 60 Vic. No. 15 and amending Acts, reprinted infra, Appendix F.

ROADS. ss. 5, 6. 9269 1920. Main Roads Act. pounds, or to imprisonment with or without hard labour for any term not exceeding one year, or to both such punishments: (2.) Provided that a member of the Board shall not be lia.ble to vacate his office or be liable to any penalty or imprisonment as aforesaid by reason only of- (a) Being beneficially interested in any public journal in which the Board or any Local Authority inserts advertisements; or (b) Being a shareholder or member of any incor- porated company in which he does not hold more than one-twentieth of the shares issued, which has entered into any contract with or done any work under the authority of the Board or any Local Authority. 5. The Main Roads Board shall under that name Board to be be a body corporate and shall have perpetual succession body t and a commun seal, and shall for the purposes of andcorpora e. subject to this Act be capable in law of suing and being sued and of purchasing, taking, holding, selling, leasing, or exchanging any property whatsoever. 6. (1.) The Board shall meet at such times andExerciseof P laces as the Board from time to time appoints. pd u 'ow l t e .e s rs 0 afnd (2.) The powers, duties, and authorities of the Board Board. may at any meeting be exercised by a quorum thereof 'consisting of not less than two members, and during a vacancy in the Board not exceeding three months the continuing members may (subject to there being a quorum) act as if there were no vacancy. (3.) At any meeting the chairman if present shall preside, and in his absence the member of the Board who is the senior with respect to appointment shall be chairman of and preside at the meeting. The' presiding chairman shall, in' the event of an equal division of votes, have a second or casting vote. (4.) The Board shall cause correct minutes of all its meetings to be kept. (5.) A copy of all decisions of the Board shall be sub- mitted to the Minister for his confirmation within fourteen days after each meeting. Subject to any direction of. the Governor in Council with respect to decisions of the Board on matters of routine or of minor importance,

9270 SS. 7-9: ROADS. Main Roads Act. 10 GEO. V. No. 26, no decision of the Board shall have any effect unless or until it has been confirmed by the Minister by writing under his hand. eOmffpicloeryseaens. d dutie 7 s, . aFuothrotrhiteiesp, uarpnodseosbliogfatciaornrsyicnognfoeurrtedthoer impo'pwoesresd, upon the Board by this Act- (a) 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 (b) The Governor in Council may appoint any persons to be officers or employees of the Board: Provided that all casual employees required by the Board for works of construction or maintenance may be employed by the Board. eomrPMelfuifeageibnpcmilbetpibcrlotepoirnftooth.rre PBBuoobaalrri 8 ddc . wbSAeyhronvtyhiacetemtsGhehmeoavlbdleea, rrtin, enoaortcfhitehniniesgCvaoempunpnetocmoiilfnbtehwmria, sesnooaftrfnitcooeofoffoifrcniceueronrrdooeuffrntttdhhheeeer Service the Board being discontinued or in the event of the dissolution of the Board, be eligible, on the recommenda- tion of the Minister, to be reappointed to some office in the Public Service corresponding in classification and emolument to that which he held at the date of his appoint- ment to or under the Board as if he had not held any office on or under the Board. Board to 9. Subject to this Act, the Board may from time : ~ ~ : yS, &c., to time undertake the duties and exercise the powers amrnoadacdhp· miunreacrkyhinagsphereun ( d 1 e ) r I m t e' mntaiyonceadrr:y - out all such surveys and I.nVest.Iga- tions as are deemed necessary or expedient to ascertain, in each of the three Divisions of the State- (a) What roads should be main roads; (b) The nature and extent of the resources of the State in meta's, minerals, timber, and materials suitable for road construction and maintenance, and the most effective and economical methods for dealing with the same and for supplying or utilising the same for the said purposes in the State or any part thereof;

ROADS. s. 10. 9271 1920. Main Roads Act. (c) The most effective methods of road construc- tion and maintenance in the State or any part thereof ; (d) What deviations (if any) in existing roads or what new roads should in its opinion be made so as to facilitate effective land settlement and communication and imllrove the conditions of traffic: And the Board shall record, publish, and make available for general information the results of all such surveys and investigations: (2) It may prepare and make available a standard specification of materials, design, and grade of roads for each Division of the State: (3) It may take, purchase, erect, rent, contract for the use of, or otherwise provide land and buildings required for the purposes of this Act and may purchase all necessary maohinery, tools, implements, plant,. equipment, and materials: For the purpose of the taking of land the Board shall be deemed to be a con- structing authority within the meaning of *" The Public Works Land Resumption Acts, 1906-1917," and the provisions of those Acts shall apply accordingly: The Board shall in accordance with the said last-mentioned Acts make compensation to the owners, and occupiers, and all persons interested in any land taken or used for the purposes of this Act : (4) It may destroy and eradicate noxious weeds and plants on any main road. • 10. (1.) The Board shall, as soon as practicable after Board to the commencement of this Act, cause to be. prepared a ~ = ~ a~ f map in one or more parts of the whole of Queensland on roads, &c such scale as it thinks fit, showing the Areas and all the principal roads and such other matters as the Board thinks fit. The Board may from time to time withdraw such map and substitute another in its place or make such alterations therein as it thinks fit. * 6 Edw. VII. No. 14 and amending Acts, supra, pages 8211 and 8362.

9272 s. 11. ROADS. Main Roads Act. 10 GEO. V. No. 26, The said map or any map substituted therefor (hereinafter called the map) shall be kept at the office of the Board. (2.) The Board shall cause to be sent to each Local Authority a copy, sealed with the seal of the Board, of • sAuucthhoproirtytiotongoefththere wmiathp sauscshhopworstitohne A( ifreaanoyf) soufcQh uLeoencas- l land as the Board thinks fit. (3.) Whenever under this Act a road is proclaimed a main road, or any new main road or any deviation from an existing main road is made, the same shall be distinctly marked upon the map, and the Board shall forward to each Local Authority concerned sufficient information to enable the same, so far as it is included~ to be marked on the copy of such portion of the map as aforesaid, sent to and in the custody of each such Local Authority. ' . It shall be the duty of each such Local Authority, within seven days. after the receipt of such information, to cause the same to be distinctly marked on such copy. (4.) The map or a copy thereof shall be open for public inspection without charge during office hours at the office of the Board, and the copy sent as .aforesaid to any Local Authority shall be open for public inspection without charge during office hours of the Local Authority. Map to be evidence. (5.) The map or the copy sent as aforesaid to ;1ny Local Authority shall, except in so far as it is inconsistent with any proclamation hereinafter mentioned, be evidence that any road appearing thereon to be a main road is a "- main road. Board to 11. (1.) The Board may from time to time reoom- rwehcoatmrmoaednsd mend to the Governor in Council that- shall be main roads. (a) Any road whioh is in the opinion of the Board of sufficient importance shall be a main road; (b) Any main road or part of main road already proclaimed which, owing to the diversion or cessation of traffic, is in the opinion of the Board no longer of sufficient importance shall cease to be a main road. Each suoh reoommendation shall describe the course of and distinctly speoify the points of commenoement and termination of such road or part thereof.

ROADS. s. 12. 9273 1920. Main Roads Act. (2.) In considering whether to recommend the pro- What aclcacmoautinotn- of a main road the Board shall take into gt c l ~ oO m vn s e i rt d on era­ (a) The funds available or likely to be available d: ~ i: ~ ~ n­ for the construction and the permanent main-main roads. tenance of thy road ; (b) Whether the road is a main trunk route con- necting any lirge producing district or district capable of l;le oming a large producing district, with its natu al point of shipment by water or by rail; (c) Whether the road is a main trunk route of intercommunication between two or more large producing districts or districts capable of becoming large producing districts, or between two or more arge centres of population; (d) Whether the r ad is a main trunk route between the capital 0 principal city of a Division of the State an any large producing district or district capa le of becoming a large producing district or any large centre of population; and (e) Whether the district through which the pro- posed main ~ oad passes is or is not already sufficiently served by railways. (3.) The Governor in~ ouncil may from time to time by Confirms , proclamation confirm s ch recommendation, and there- ~ on lb y upon the road mentione in such recommendation shall ti~ ~ ~ ama- bea main road or cease to be a main road as to the whole or part thereof speci~ ed ip the recommendation. 12. The Board with the approval of the Governor Declaration in Council may, at any time and from time to time by offootway! ~ _ notice in the Gazette, depne and declare what parts of a main road shall be footw4ys thereof. Thereupon the parts so defined an.d declaredrshall be such footways for the purposes of this Act nd any Act relating to local government or to traffic. . Until altered under the powers conferred by this section, any footways of a road fixed prior to the pro- clamation of such road as a main road shall continue to be the footways of such road for the purposes of this Act and any Act relating to local government or to traffic. p

9274 ss. 13, 14. ROADS. Main Roads Act. 10 GEO. V. No. 26, Board to 13. (1.) If it appears to the Board desirable that a m? raeppsa,re& c., new main road or a. deviation from an existing main of proposed road should be made, the Board may cause to be prepared nroeawdsmain maps, plans, and estimates showing- and deviations. .(a) The points between which and the land on and through which the same is proposed to be made; (b) The cost of acquiring the land' and of construct- ing the road or deviation. Approval of (2.) The Governor in Council, upon being satisfied g~ : ~ o: : n that the proposed works are desirable, may by Order in new roads, Council approve of the same being made. &c. After (3.) Upon the publication of such Order and not : . ~r~ O~ ~ y before~ the Board shall be authorised forthwith to take be executed, and use all such land as is described in and by the said maps, plans, and estimates as being required for the said road or deviation. ~roclama- (4.) When the Board has taken the land necessary ntleOwn trhoaadt or f or cons t rue t' lng t h e road or deV' la t' IOn 1 't sha11, as soon deviation is a as it thinks such road or deviation is fit to be used as main road. a public highway, recommend that the road or deviation shall be a main road or part thereof. Such recommendation shall describe the course of and distinctly specify the points of commencement and termination of such road or deviation. The Governor in Council may by proclamation confirm such recommendation, and thereupon the road or deviation shall be a main road or a part thereof. Such land shall thereupon and thenceforth, from the date of such publication, become and be absolutely dedicated to the public as a public highway within the, meaning of any law now or hereafter in force. Board to 14. The Board may from time to time cause to be ~ f: ~ : r~ e, of prepared plans and estimates of the cost of permanent perm~ llf\ llt improvements to any main road or part thereof, and ~ ; :; ,~~e- may recommend the execution of the same to the Governor in Council. The Governor in Council, upon being satisfied that such improvements are desirable, may by Order in Council approve of the same, and the necessary works may thereupon be carried out.

ROADS. , ss. 15-17. 9275 1920. Main Roads Act. 15. The Board, before recommending to the Governor I.ocal in Council- Authorities . to be (a) That any road be a main road; consulted (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 improvements to any main road or any part " thereof be approved, shall serve on each Local Authority in whose Area such road is or new main road or deviation is proposed to be made, or improvements are proposed to be made, notice of its intention to make such recommendation. Such notice shall fix a day, not less than thirty days from the service of the notice, upon which any objections which may be made by any Local Authorities concerned will be considered by the Board before making any re-. commendation: Provided that any Local Authority which feels aggrieved' by any such' recommendation may, within thirty days after the consideration of such objections, appeal to the Minister, who may vary or disallow such recommendation. 16. The Board may, in or through or along any Power to pguritvteartse, ltaunndnseIso,r drroaam. ds, , moar kwe ataenrdcouorpseens assucthhediBtcohaersd, cmoaukrseews, at & e 0 T . ' thinks advisable for the purpose of draining, making, or improving any main road. .. The Board may, for the purpose of draining, making, or improving any main road, cause the drainage from such road to be diverted into any ditch, gutter, tunnel, drain, or watercourse on any road or private land. The Board may scour, cleanse, and keep open all such ditches, gutters, tunnels, drains, or watercourses. 17. (l.) The absolute property in the land over which Main r<!ads a main road is proclaimed shall be vested in the Crown. c: ~ ~ . m the (2.) The property in- (a) The materials of all main roads, and all live Materials of and dead timber an . d v . egetation thereon 'b a e n l d omnaingrotaods all matters and thmgs appurtenant thereto, the Board. and , \

9276 ss. 18, 19" ROADS. Main Roads Act. 10 GEO. V. No. 26, (b) All buildings, fences, gates, posts, boards, stones, and erections placed upon a main rOIl,d, and (c) The scrapings of·all main roads and all gravel, sand, and other material on main roads, shall belong to the Board. (3.) The Board is hereby empowered to s~ ll and dispose of such timber, gravel, sand, and other material on any main road as in the opinion of the Board-- is not likely to be required by the Board for the purposes of this Act, or as in its opinion.. should be removed; and the Board may grant permits for the removal of the same. Old roads. 18. (1.) Where un~er this Act a deviation from a main road has been ma e, the Secretary for Public Lands may lease or sell so muc of the old road as in the opinion of the Board has been rendered useless by such deviation. The proceeds of such lease or sale shall be paid to the Treasurer and placed to the credit of the Fund. (2.) Where in the opinion of the Board an authorised deviation of a main road will render useless a portion of the old road, the Board may require the owner of any land through which the deviation will be made to take in exchange a portion of such old road adjoining the land of such owner, and the agreed or assessed value thereof shall be deducted from any sum to be paid to such owner by the Board by way of compensation. (3.) In the case of the lease, sale, or exchange of any portion of an old road under this section such portion shall cease to be a public highway, and the proper instru- ment of title shall be. issued to the lessee or purchaser. Roads to 19. The Minister may authorise the Board, to nseetwtlements. construct a road connecting a new settlement or any large area of Crown land about to be opened for settlement with a centre of population or railway station or seaport; and the Board shall thereupon construct the same out of moneys provided by Parliament for that purpose. If such road is thereafter proclaimed a main road under this Act its maintenance shall be under the control of the Board. If such road is not so proclaimed.a main road its maintenance shall be under the control of the Local Authority of the Area in which it is situated.

ROADS. ss. 20-22. 9~ 77 1920. Main Roads Act. 20. Forthe purposes of this Act the following provisions Applica~ ion of *" The Local Authorities Acts, 1902 to 1917, " - namely, ; ~ ~ ~ f! ~ : s of sections 56, 57, 68A, 77, 79, 80, 81, 82, 83, 84, 89, 90, 92, Local .. 93, 94, 95, 135, 369, 370, 370A, 371, 372, 384, 385, 386, ! ~ ; : ' Orltles 390, 391, 392, and 398-shall, so far as the same are applicable, apply to the Board and the officers and members thereof; and for this purpose every reference in the said sections to a J;..ocal Authority or Council or the chairman, members, clerk, or officers thereof shall be construed as a reference to the Board and the chairman, members, secretary, or officers thereof respectively, and every reference to a road shall be construed as a reference to a main road or other road fo~ the time being under the control of the Board. The power conferred by section eighty of the said Acts shall extend in favour of the Board to any Crown land specially set apart by the Governor in Council for the purpose and also to any road. 21. (1.) The Board may permit the Local Authority Carrying out within whose Area any works on or in relation to a main of works. road are proposed to be made to carry out such works on such terms as may be mutually agreed on: Provided that the Governor in Council may direct that any par- ticular works shall be carried out by the Board and not by any Local Authority. (2.) Any works carried out by any Local Authority under this section shall be carried out to the satisfaction of the Board. 22. There shall be created at the. Treasury a Fund Main Roads to be called "The Main Roads Fund." Fund. To the credit of this Fund shall be placed- (a) A11 moneys appropriated by Parliament in each year for permanent works on and maintenance of main roads and for the purposes of this Act; (b) All taxes and fees paid under this Act in respect of motor vehicles, traction engines, and wheels of vehicles; .(c) An fees and rents received by the Crown in respect of unused roads; (d) All moneys received by the Crown from the sale of timber or sand, gravel, or other material on any main road; .. 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et seq. '.", ...

9278 ss. 23-25. ROADS. Main Roads Act. 10 GEO. V. No. 26, (e) All other moneys received or recovered by the Board under this Act. Fund how applied. 23. The money to the credit of the Fund shall be applied as follows:- (a) Towards the payment of all expenses neces- sarily incurred in carrying this Act into execution, and in doing and performing any acts and things which the Board is by this Act empowered or required to do or perform; (b) Towards the payment of any sum due under an agreement lawfully made for the purposes of this Act, or any sum recovered against the Board by process of law,or any sum which by any order made or purporting to be made under this or any other Act the Board is directed to pay by ,way of compensation, damages, costs, fines, penalties, or otherwise; . (c) Towards the payment into a sinking fund to be kept at the Treasury, caned the Main Roads Sinking Fund, of such sum annually as is equal to a percentage to be fixed by the Governor . in Council on the total amount expended under t;his Act by the Board for permanent works and maintenance upon and in relation to main roads, after deducting the amounts deemed under this Act to be loans to Local Authorities; (d) The balance after payment of the said moneys to the'Sinking Fund shall be applied in pay- ment of the cost of the maintenance of main roads. Equal 24. In the expenditure of the moneys legally avail- I ~ n xp e en a d c hiture able'in each year for the purposes of this Act, it s . hall be State the duty of the Board to see that as nearly as IS prac- Division. ticable an equal amount is expended in each of the three Divisions of the State. Public Account. 25. All moneys collected and received under this Act shall be deemed to be collected and received for or on account of the Consolidated Revenue, and the provisions of any Act for the collection and payment of the public moneys and the audit of the public accounts shall apply to all such moneys.

ROADS.' ss. 26, 27. 92'79 1920. Main Roads Act. 26. (1.) The total cost of making permanent works Treasury and of the maintenance of main roads shall in the first advances instance be paid by the Treasurer out of the Fund upon Wo: ~d' s vouchers of the Board. vouchers. (2.) The Board may authorise the Treasurer to make Progress partial payments to any contractor or to any Local payments. Authority carrying ou,t any work under this Act as the same progresses. The progress estimates shall be based upon materials in place and labour expended thereon; but shall not authorise the payment of more than eighty-five per centum of the contract price of any work in advance of the full completion. 27. (1.) The Board shall, before the thirtieth day Apportion· o f J une I.n each year, apportI'On. h aIf the amount ex- ammeonutontfthe pended on permanent works and maintenance during: expended on the preceding year between the various Areas benefited ~ ~ : : ~ : . t thereby in the following manner :- mainten- ance. . It shall, before the thirty-first day of January in each year, determine- (a) The permanent works and maintenance from which each of the Areas respectively has benefited; (b) The proportion of half the amount so expended as aforemid, which is allocated to each such Area having regard to the benefits it has obtained from the expenditure; (c) The amount, of the contribution which each Local Authority of each such Area 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 benefit from the respec- tive works: Provided that the total amount of the contributions from all the Local Authorities concerned shall equal half the amount so expended a3 aforesaid. An Area may be benefited by expenditure on permanent works and maintenance, although such per- manent works and the main roads maintained are not situated within the Area, if substantial traffic to or from

9280 S.27. ROADS. Ma~ n Roads Act. 10 GEO. V. No. 26, the Area passes over, or in the case of new main roads will in the opinion of the Board pass over, a main road on which such expenditure has been made. Power to (2. ) Notwithstanding anything in this section, the ~~~ ~~i~)Ution Board, with the approval of the Governor in Council, may of certain in the case of any Local Authority reduce the amount of ~ ~ ~ ~ ~ rities the contribution of such Local Authority determined as to~ ards aforesaid in respect of the maintenance of any main road : ~ ~ ten- 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. In exercising this authority th,e Board shall take into account the revenue, valuation, and rating of the Local Authority, and also its financial obligations on account of liability for loan expenditure incurred in respect of permanent works under this Act. ~~ i~~ ~ ~ : dto . (3.) Before finfally m~ king the aPBPortdionmellnt in sub- in appor- sectIOn one hereo mentIOned the oar sha serve a etaixmopnoeiunnndgted on f noortti h c-e upon each contributory Local Authority setting permanent works and (a) The amount which is to be apportioned between mainten- the Areas; ance. (b) The permanent works and maintenance, each separately stated, from which each of the said Areas :r:espectively 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 Areas 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 apportionment 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 an Area and Local Authority •

ROADS. s. '27. 9281 1920. Main Roads Act. thereof not previously included (in which case, however, such Local Authority must first be notified and given the opportunity to object), or may exclude an Area and Local Authority thereof previously included. The decision of the Board as to the amount each of the said 'Local Authorities sh~ ll pay in respect of permanent works and of maintenance shall, upon confirmation by the Governor in Council, be final and conclusive. (5.) The amount of contribution from a Local Autho- rity 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 advanced by the Treasurer to that Local Authority under and subject to the Local Authorities Acts, and bearing interest at such rate per centum per annum as shall be fixed by the Governor in Council (not exceeding the usual rate charged at the time to Local Authorities for ordinary loans) and shall be deemed to have been advanced on the first day of July next ensuing after the apportionment of such amount; and a special loan rate shall from time to time be levied by the Local Authority accordingly under the Loca1 Authorities Acts to meet the instalments of prin- cipal and interest payable from time to time in respect thereof: Provided that the Minister may if he thinks fit declare any part of the Area of any such Local Authority to be a benefited area 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 area. (6.) Where several Local Authorities are liable to Provision for contribute towards the amount expended pursuant to Postfofe. this Act on any permanent works or maintenance- : e; or~ ion. ( a ) Th e B oar d may, I · n any case I . n w h 1 ' 0 h the works manednitnotefrecosstt, are not completed, postpone the apportion- on works not ment of any such amount until the works are completed. 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 accordingiy.

, 1 9282 ss. 28-32. ROADS. Main Roads Act. 10 GEO. V. No. 26, Duty of 28. The Board may call on any Local Authority for ~ ~ ~ ~ ~ rity any information which in the opinion of the Board is to suppl~ requisite to enable it to carry out the provisions of this ! ~ : - r! ~ ~ ~ ~ Act, and it shall be the duty of such Local Authority to .. supply all such information accordingly within such time as the Board shall fix in its request. Saving 29. Save in so far as is inconsistent with this Act, powers of every Local Authority shall have t4e same powers over ALoucthalority. the main roads within its Area as it has over other roads within its Area. Publication 30. (1.) Every proclamation and Order in Council o&fcO. rders, made under this Act shall be' published in the Gaz~ tte. Amending (2.) The Governor in Council may by anothe, Ord scin: ng proclamation or Order in Council amend or ~ escind any ers, c. proclamation or Order in Council made under this Act. Misnomer, &c., not to prejudice. (3.) No misnomer or inaccurate description or omission contained in any such proclamation or Order in Council shall in any wise prevent or abridge the operation of this Act with respect to the subject of such description, provided the same is designated so as to be understood. (4.) No proclamation or Order in Council purporting to be made under this Act, and being within the powers conferred 'on the Governor in Council, shall be deemed invalid on account of any non-compliance with any of the matters required by this Act as preliminary to the same. Evidence. 31. The production of a copy of the Gazette con- taining any proclamation, Order in Council, regulation, order, decision, or notice purporting to be made or given under this Act shall be evidence, until the contrary is proved, of the due making" existence, confirmation, approval, and giving of such proclamation, Order in Council, regulation, order, decision, or notice, and of all preliminary steps necessary to give full force and effect to the same and of the contents thereof. Penalties for 32. (1.) Every person committing a breach of any of offences. the provisions of this Act shall, if no other penalty is imposed, be liable to a penalty of l}ot exceeding twenty pounds. ' All penalties recovered umler this Act shall be placed to the credit of thA Fund.

ROADS. ss. 33, 34. 9283 1920. Main Roads Act. (2.) Any member of the police force or any authorised officer may prosecute for any breach of or offence against this Act by complaint under *"Tke Justices Acts, 1886 to 1909." 33. (1.) The Governorin Council may from time to Regulations. time make all such regulations as he deems necessary or convenient for the purpose of carrying this Act into execution or conierring upon the Board with respect to main roads or any roads under its control any right, power, protection, privilege, or obligation relating to ,the construction, improvement, or maintenance of roads conferred upon any Local Authority .by any Act relating to local government. J2.) Without limiting the generality of the foregoing provision, regulations may be made for all or any of the purposes set forth in the Schedule to this Act. Schedule. (3.) All such regulations shall be published in the Gazette, and upon such publication shall have the same force and effect as if they were enacted in this Act, and 'shall not be questioned in any proceedings whatsoever. I 34. (1.) A regulation may impose a penalty for any Provisions breach thereof, and may also impose different penalties ~ :nations in case of successive breaches. But no such penalty e . shall exceed fifty pounds. A regulation may also impose a daily penalty fQr any breach thereof-.that is to say, a penalty for each day on which the offence is continued after notice has been given to the offender of the commission of the offence, or after a conviction or order by any court, as the case may be. But no such penalty shall exceed five pounds per day. . A regulation may provide that in addition to a penalty any expense incurred or damage suffered by the Board in consequence of a breach of such regulation, or in the execution of work directed by the regulation to be executed by any person and not executed by him, shall. be paid by the person committing such breach or failing to execute such work. (2.) A regulation may require any works or things to be executed or done of such materials, within such * 50 Vic. No. 17 and amending Acts, supra, pages 1132 et 8eq.

9284 s.35. ROADS. Main Roads Act. 10 GEO. V. No. 26, time, or in such manner, as may be directed or approved in any particular case by the Board, or any authorised officer, or other person. (3.) A regulation may authorise the Board or any authorised officer to pull down, remove~ or alter any work, material, or thing erected or being in breach of this Act or any regulation, and to recover all expenses incurred by the Board in connection with such pulling down, removal, or alteration. The exercise of this authority shall not relieve any person from liability to any penalty incurred by reason of such breach. (4.) A regulation may leave any matter or thing to be determined, applied, dispensed with, prohibited, or regulated by the Board from time to time by resolution, either generally or for any .classes of cases, or in any particular case. . (5.) A regulation may provide for the issue or making of registrations, and permits to or with respect to persons and property, and for the payment of reasonable regis- tration and permit fees. (6.) A regulation may provide for the payment of reasonable fees for inspections and other services by officers of the Board. (7.) A regulation may apply to a specified locality only of the State or to any specified class of persons or property. (8.) A regulation may require that Local Authorities generally or any Local Authority concerned shall see to the execution of the same. Board to 35. The Board shall, as soon as practicable after the apnrensueanltlya termination of each year, present a report to the Minister report of setting forth its proceedings, the permanent works con- cwoonrsktsructed structed, and the main roads maintained during such and roads year. ' maintained. The report shall give particulars as to the locality of the works constructed, and of the roads maintained and the mileage of such roads, and shall contain an account of all moneys received and expended under this Act. Copies of such report shall be laid forthwith before both Houses of Parliament if Parliament is sitting when

ROADS. Sch. ss. 1-8. 1920. Main Roads Act. the report is presented, or, if Parliament is not then sitting, within one month after the commencement of the next ensuing se~ sion. After such report has been presented to Parliament a copy thereof shall be sent to each Local Authority. 9285 THE SCHEDULE. SUBJECT-MATTER FOR REGULATIONS. 1. The prevention of damage to main roads, or the doing of things Damage. likely to injure main roads. 2. The regulation of the weight of loads or of the use of vehicles Weights of likely to injure main roads. loads, &c. 3. Prohibiting or regulating the locking of the wheel of any vehicle Lockmg when descending a hill on any main road, unless there is placed wheels. at the bottom of such wheel during the time of its being locked a skid-pan, slipper, or shoe in such manner as to prevent the road from being injured by the locking of such wheel. 4. Prohibiting or regulating the use on any main road of any vehicle Wheelslikely not having the nails on its wheels countersunk in such manner to injure as is specified, or having on its wheels any bars, spikes, or other roads. projections forbidden by such regulation. S. Prohibiting or regulating the drawing or trailing of any sledge, Trailing timber, or other p.eavy material upon any main road. timber, &c. 6. Regulating, prohibiting, or restricting traffic or any class of traffic Traffic. on any main road or part thereof, or confining traffic or any class of traffic to any specified part of such road. 7. Where it appears to the Board that extraordinary expenses have Recovery of been incurred by the Board in repairing any main road by extra. reason of the damage caused by any excessi'1e weight passing ordinary along the same, authorising the Board to reco"\fer before a court expenses. of petty sessions or in any court of competent jurisdiction, from any person by whose order such weight jhas passed along such road, the amount of such expenses as is proved to the satisfaction of such court to have been incurl1ed by the Board by reason of the damage arising from such weight. Authorising the Board to enter into an agreemen~ with any person against whom expenses are or may be rec6verable under a regulation made under the foregoing provision i for the payment to the Board of a composition in respect of such expenses; whereupon such person so paying the same shall not be subject to any proceedings under such regulation. S. Where it appears to the Board that a main road or any part thereof Traffic is likely to be seriously injured by traffic during a particular during portion of any year, for such portion of the year, without closing portion of such road, prohibiting or restricting certain specified kinds of year. traffic on such road unless with the written consent of the Board or some authorised officer.

9286 , 8ch. Ss. 9-13. ROADS. Main Roads Act. 10 GEO. V. No. 26, I Any such regulation shall, however, provide that the Board shall- (a) Seven days at least before so stopping such traffic, publish in some newspaper a notice setting forth- (i.) A description of the main road or part thereof affected; (ii.) The kinds of traffic to be prohibited or restricted; and (iii.) The portion of the year for which such traffic is to be prohibited or restricted: and (b) Cause copies of the notice to be posted up in conspicuous places on or near such road or part thereof. Traffic during execution of works, &c., 9. For such time as is necessary for raising or lowering the ground or soil of any main road, or of making, improving, maintaining, altering, or increasing the width of any main road, and for such further time after the completion of any of such works as is necessary to prevent injury thereto, closing such road and prohibiting all traffic thereon, or without closing the same pro- hibiting or restricting certain specified kipds of traffic thereon, or confining all traffic or any particular kinds of traffic to one specified part of the road. Closing roads 10. The closure for any period of time deemed necessary of any main unsafe tor road or any part thereof which is deemed unsafe for public traffic. traffic, and the erection of any fence, erection, or obstruction to stop all traffic thereon. Registra- tion of traction engines. 11. The registration of traction engines other than traction engines which are used exclusively for stationary work notwithstanding that they may have the power of locomotion, and prescribing fees not exceeding three guineas to be' paid for such registration and annual renewal thereof. Requiring the identifying number to be fixed and kept fixed in a conspicuous place on each such traction engine. Prohibiting any traction engine to be used on any road (whether a main road or not) without being registered, or if the identifying number is not fixed as prescribed or is obscured or not easily distinguishable. Tyres of 12. Prescribing the width of the tyres of wagons, drays, carts, lorries, wheels. and other specified vehicles or classes of vehicles. Prohibiting the use after a specified date on any main road of any such vehicles whose t}'1'es are not of the prescribed width. Requiring particulars as to .the wheels of such vehicles to be con- spicuously painted on such vehicles. Authorising the examination of all such vehicles by authorised officers or members of the police force. Fixing fees to be paid annually by any such vehicles: Provided that while any such fees are prescribed to be paid any by-laws of any Local Authority under which like fees are made payable shall cease to have effect. Motor vehicles. 13. Defining motor vehicles and levying annual fees or rates to be paid upon the registration or renewal of registration of the same according to class and horse-power or otherwise. Exempting certain vehicles or classes of vehicles from such fees or rates either wholly or to such extent as is deemed proper.

ROADS. Sch. ss. 14-22. 9287 1920. Main Roads Act. Prohibiting the use upon any road (whether a main road or not) of any motor vehicle in respect of which the presoribed fee or rate has not been paid. 14. Causing to be placed on or near to any bridge or culvert, being Fi'.'ing part of a main road, a conspicuous notice that it is not capable wel~ ht to be of carrying a greater weight than that fixed by the Board, ~ ~ ;n~ ~i~ ;: r and prohibiting any person, unless with the consent in writing or culvert. of the Board or any ?,uthorised officer, to .drive, draw, or ca;rry, Conspicuous or to cause to be dTIven, drawn, or carrled, over such brldge n()tice to be or culvert any weight greater than that stated in such notice. put up. Authorising the ascertainment of any weights for the purposes of this provision by any authorised officer or by any member of the police force. 15. Prohibiting the altering or obstructing of or interference with any Obstruction, ditches, creeks, gutters, drains, watercourses, tunnels, bridges, &c.,ofwater. levees, culverts, or fences after they have been made by or courses. taken under the charge of the Board, without the authority of the Board. 16. Prohibiting the wilful or negligent causing or permitting of loose Obstruction trees, logs, timber, or brushwood growing or which have been to growing on any land to fall into and remain in any stream, wbattercourses T.Iver, or watercourse so as to be like I y to cause d amage t 0 any lo y gs, re&ecs., main road. 17. Requiring ·the owner or occupier of any land on to which any Owne: or watercourse, drain, or gutter discharges from any main road, occute~ of or from which any watercourse, drain, or gutter discharges on ; ~ : Ve~ ~ ~ ~ e to any main road, across which watercourse, drain, or gutter netting wire netting has been placed, to take all reasonable precautions. causing . ttoo spurce h vewnattesurccohuwrsiere, d nreatI . tnin, gorcaguustitnegr. or forming any obstruction cotoobuswtrrsauetcse, trl- & Ocn. 18. Notwithstanding anything in any Act or any by-law, lease, license, Prohibition right, or authority thereunder, prohibiting the cutting, breaking, of cutting, rbeamrkoivn.mg,g r t o . hoetinwghouep, ororanoythepirawritseof dlaenstyrotyrieneig, , sdapamnagg, insgh, ruobr, t wl ~ m c it " h b o o e f ru, t& c., underwood, or timber in or upon any main road without the authority. authority in writing of the Board. 19. Prescribing fees to be paid for the cutting of firewood on or the Fees for removal of bark, timber, sand, gravel, or material from main cutting roads. firewood, &c. 20. The preservation of trees and vegetation on main roads. Preservation of trees, &c. 21. Requiring the approval of the Board to be obtained before Local Approval of Authorities grant applications by private persons or public works by authorities to interfere with or exercise privileges upon main ~ O~~ l 't roads, and before Local Authorities authorise the removal or u on y. destruction of trees on main roads. 22. Prohibiting the displacing, taking up, or making any alteration Displace. 0i in the soil, pavement, flags, sods, or other materials of any ment, & ~ . , main road or any fence on such road, or the removal of any ma~ enals scrapings thereof or sand, gravel, or other material or' timber 0 roa s. or vegetation thereon, without the consent in writing of the Board or without other lawful authority.

9288 ROADS.-SHIPPING. Port Dttes Revision Act Amendment Act. ~O GEO. V. No. 14, Obstruction, 23. Prohibiting the making or erection or causing of any building. a & c c r . o , sosn, , or I.n roads. earceroctsiso,no, r . hInedagney, . mdiatIcnh,rof a e d n.ce, hole, heap, or obstruction on, Interference 24. Preventing the dig~ g up or using any main road for any purpose with main roads. which may damage, obstruct, or injuriously affect such road, without a permit granted by the Board. Permits. 25. The grant of registrations and permits, and the terms and co~ ditions on which registrations and permits may be granted. suspended, and withdrawn. mAdenvtesr. tise· 26. Theofraedgvuelarttiisoenmoernpt rheovaerndtiinogns aofndthaedvceornttiisneumaennctes oonr. mesatianblriosahdms. ent {Jualifica· 27. Providing for the qualificatio:p.s of engineers who shall be employed tions of engineers. by the Board. SAVINGS BANK, QUEENSLAND GOVERNMENT See BANKS. SERVICE, PUBLIC. See PUBLIC SERVICE. SHIPPING. 10 Geo. V. An Act to Amend "The Port Dues Revision Act of No. 14. THE PORT 1882" in certain particulars. DUES REVISION ACT [ASSENTED TO 10TH FEBRUARY, 1920.J AMENDMENT B ACT OF 1920. E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council ard Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short titJ~, 1. This Act may be cited as " The Port Dues Revision c w o d nstructIOn, Act Amendment Act o ~ f 1920 , " and shall be read as one commence. with *" The Port Dues Revision Act of 1882." ment of Act. This Act shall come into force on a day to be fixed by the Governor in Council by Proclamation published in the Gazette. * 46 Vic. No.. 12, 8upra, page 3134.