Main Roads Acts Amendment Act of 1928 (19 Geo v No. 11) (Qld)

ROADS. 19 GEO. V. No. 11,1928. Main Roads Act Amendment Act. 12249 ROADS. An Act to Amend H The Main Roads Acts, 1920 19 NGo. eo 1 . 1 V . to 1925," in certain particulars. THE MAIN ROADS ACTS [ ASSENTED TO 27TH OCTOBER, 1928.] A AM CT EN o D f M 1 E 9 N 28 T . B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly or Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as " The Main Roads Acts Short titla Amendment Act of 1928," and shall be read as one with ~ ~ ! truction. *" The Main Roads Acts, 1920 to 1925," herein referred to· as the Principal Act. The Principal Act and this Act may collectively be cited as "The Main Roads Acts, 1920 to 1928." Princ 2 i . paTl hAectf:ol-lowing amendments are made in the AoPfrmitnhecenipdamlents Act. (i.) The following new definition is inserted after Amendment thedefim.tI.On 0 f "Th' IS Act " III . sec.tIOn two, nameIy : - of s. 2. " "Tourist road"--Any road which is a means of Tourist road. access to a national park, a town reserve, a seaside resort, or a natural beauty spot, and which is declared to be a tourist road under this Act, or any part of such road." (ii.) Section nine is amended by inserting after the Amendment words "equipment, and materials" in paragraph three of of s. 9. the said section the following provision :-" He may take such additional areas of land adjacent to a main, developmental, or tourist road as may be deemed neces- sary for the parking of vehicles or for any other public purpose, and the additional areas so taken shall be deemed to be part of the main, developmental, or tourist road to which they are adjacent :" (iii.) Section eleven is amended by adding a new Amendment. subsection four to the section- of s. 11. "(4.) Notwithstanding anything in any other Actcrossings . to the contrary contained, any crossing of a main, d: ~ : l~ p~ am. developmental, or tourist road by any railway, tramway, W me U n~ fl a S l t. . r o o r ad. * 10 Geo. V. No. 26, 13 Geo. V. No. 24,14 Geo. V. No. 12, and 16 Geo. V. No. 9, 8upra, pages 9265, 10198, 10833, 11486 (8ee Acts 1920 to 1928 consolidated in Appendix to this present volume).

1~ 250 ROADS. Main Roads Act Amendment Act. 19 GEO. V. No.n, viaduct, aquaduct, conduit, pipe line, water channel, or any other public utility shall be constructed to the satisfaction of the Commissioner at the expense of the Authority making such crossing, and any deviation of any main, developmental, or tourist road rendered necessary by any such crossing shall be so constructed as to afford equal facilities for road traffic to those which, in the opinion of the Commissioner, existed prior to the construction of such crossing." Amendment (iv.) After the words "case may require" in the -of s. 19. fifth paragraph of section nineteen, the following words are added :-" or in accordance with the terms of any agreement made or purporting to be made in pursuance of the Act of the Parliament of the Commonwealth intituled *'Phe FederalAid RoadsAct1926 or any Act amending or in substitution of the same, and arrived at between the Minister and the Minister of the Common- wealth for the time being charged with the administration of the said Act." Amendment (V.) Section twenty is repealed and a new section of s. 20. twenty is inserted in lieu thereof, namely : - Develop. "[20.J (1.) The Coml,llissioner may from time to time tmouenritsatl and recommend to the Governor in Council that- roads. (a) Any road route or means of access not already declared to be a main or tourist road which, in the opinion of the Commissioner, will develop or further develop any area of land opened or proposed to be opened for settle- ment may be declared a developmental road; (b) Any road not already declared a main or developmental road which is a means of access to a national park, a town reserve, a seaside resort, or a natural beauty spot, may be declared to be a tourist road; Cc) 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 may be declared a developmental or tourist road, as the case may be; (d) Any road declared to be a developmental or tourist road, as the case may be, may be declared to be no longer a developmental or tourist road, as the case may be. * Commonwealth Statutes, No. 46 of 1926.

ROADS. 12251 1928. 1Ylain Roads Act Amendment Act. (2.) Every 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 or tourist road, as the case may be, or cease to be a main road and become a developmental or tourist road or cease to be a developmental or tourist road as to the whole or part thereof specified in the Proclamation. (4.) Subject as is hereinafter provided, the costs of constructing and maintaining any such tourist road may be defrayed from the Main Roads Fund." (vi.) A new paragraph is added after the third Amendment paragraph of section twenty-one, as follows:- of 8 21. " The moneys to the credit of such Fund shall, upon vouchers of the Commissioner, be also applied towards the payment of any annual sum of money which has been incurred by the Commissioner pursuant to the provisions of subsection two of section· twenty-two of this Act whereby the Commissioner, with the approval of the Governor in Council, has, for a period not exceeding ten years (as is in the last-mentioned section provided), agreed to relieve a Local Authority from the payment annually by such Local Authority to the Treasury of such amount, being equal to one-half of the interest (or approved portion of such interest) payable on the total cost of such permanent improvements created on the developmental road concerned, as provided in the said subsection two of section twenty- two, and to pay annually for such period to the Treasury such interest payment (or approved portion of such interest payment) in lieu of the said annual payment (or approved portion thereof) being made by the Local Authority so relieved." (vii.) Section twenty-two is amended as follows:- Aofms.en 2 d 2. ment (a) The first two paragraphs thereof shall constitute subsection one of the said section. The following new subsection two is inserted after such first two paragraphs (now numbered subsection one), as follows:- "(2.) In any case where a developmental road has ~ elief of been const ruct ed Wl 'th a VI . eW t 0 op'enmg up areas 0 f 1and mpatyemreesnt t. for settlement, the Commissioner, with the approval K

12252 ROADS. l11ain Roads Act Amendrnent Act. 19 GEO. V. No. 11, of the Governor in Council, may for such period as may be approved by the Governor in Council (but not in any case exceeding ten years) relieve the Local Authority concerned of such am},ual payment of interest as set forth in the first paragraph of subsection one of this section (or a portion of such annual payment of interest), and the Commissioner shall pay annually for such period as aforesaid to the Treasury such interest payment (or approved portion of such interest payment), in lieu of such interest payment (or approved portion of such interest payment) being made by the LocalAuthority so relieved in accordance with this provision. At the expiration of the said period during which the Commissioner has relieved as aforesaid the Local Authority concerned, such Local Authority shall pay annually to the Treasury the amount as set forth in the first paragraph of subsection one of this section until the expiration of the remainder of the period of twenty years as so prescribed by such subsection. In any case where the Governor in Council has relieved a Local Authority of portion of such interest payment, the Local Authority concerned shall pay to the Treasury the remainder of such interest payment in accordance with the provisions of this section." (b) All words from "All sums" to and including the words" therein stated," being the last two paragraphs of the said section, are renumbered as forming subsection three of the said section. Amendment (viii.) After subsection one of section twenty-three of s. 23. the following additional subsection is inserted, namely;- Commis- "(lA.) In any case where the Commissioner, with :! ~ ~ ered the approval.of the Governo~ in Council, has for any to C?arry out approved perIod not exceedmg ten years agreed to := ~ ance relieve a Local Authority from the payment annually certain cases. to the Treasury of the amount equal to one-half of the interest (or approved portion of such interest payment) on the total cost of the permanent improve- ments created on the developmental road concerned payable by the Local Authority concerned, and has agreed to pay annually for such period to the Treasury such interest payment (or approved portion thereof) in lieu of such interest payment (or approved portion thereof) being made by the Local Authority so relieved in accordance with the provisions of subsection two of the last preceding section, it shall be lawful for the

ROADS. 12253 1928. Main Roads Act Amendment Act. Commissioner, and he is hereby in his discretion empowered so to do, to carry out and perform all such maintenance work as is, in his opinion, necessary to be carried out and performed on any developmental road in respect of which the Commissioner with the approval of the Governor in Council as aforesaid has so agreed to relieve the Local Authority from the making of annual payments of interest (or approved portion thereof) to the Treasury, and to pay to the Treasury such interest payments (or approved portion thereof) in lieu of the Local Authority so relieved for the period concerned: Provided, however, in any such case as aforesaid, Relief of where the Commissioner in his discretion has carried out t~ ent by and performed such maintenance work as aforesaid, the ~ uthori~y Commissioner may, with the approval of the Governor : .a: ~~ am in Council,relieve the Local Authority concerned from the payment of the whole or any part of the expense of such maintenance work for such period, not exceeding ten years, as the Governor in Council approves. After such approved period has elapsed, the Local Authority concerned shall, at its own expense, maintain such road and all works thereon, and shall be liable for the expense of such maintenance in accordance with the provisions of subsection one of this section, and all the provisions of such subsection shall apply and be observed. If, however, the Governor in Council does not approve Where of the relief of such Local Authority from the payment :~ f:; a~ of the expense incurred in respeqt of the whole or part for relief. of such maintenance work which has in the discretion of the Commissioner been carried out and performed by the Commissioner as aforesaid, the Local Authority shall be liable for the payment to the Commissioner of the expense of the whole of such maintenance work (or portion thereof not approved as aforesaid), as the case may be, and any such expense so incurred by the Commissioner shall be repaid to the Commissioner by the Local Authority concerned. Moreover if such amount is not repaid to the Commissioner within three months after the demand by the Commissioner, such amount shall be deemed a debt due and payable to His Majesty, and all remedies therefor may be enforced in the name of His Majesty against the Local Authority and the revenues thereof."

12254 ROADS. Main Roads Act Amendment Act. 19 GEO. V. No. 11, Amendment (ix.) Section twenty-four is amended as follows:- of s. 24. After the word "Commissioner," where it firstly occurs, the words" and the officers and members thereof" are repealed and the words "and his officers" are inserted in lieu thereof. Also, after the word "Commissioner," where it secondly occurs, the words "and the chairman, members, secretary, or officers thereof" are repealed and the words" and his officers" are inserted in lieu thereof. Amendment of s. 28. (x.) Paragraph (g) of section twenty-eight is repealed and two new paragraphs (g) and (h) are inserted in lieu thereof:- . "(g) All contributions paid by Local Authorities in respect of apportionment of cost of per- manent works carried out under the terms of *" The Federal Aid Roads Agreement Approval Act of 1926" or any Act amending or in substitution for the same; (h) All other moneys received or recovered by the Commissioner under this Act." Amendment (xi.) Three new paragraphs (d), (e), and (I), are of s. 29. added to section twenty-nine, as follows : - "(d) In the case of any approved remissions or reductions of payments in favour of a Local Authority under section thirty-three hereof, there shall be paid to the Treasury from the Fund an amount equal to the contribution which would have been payable by Local Authorities in respect of the sums so remitted or reduced under the said section. (e) In respect of that portion of expenditure apportioned to any Local Authority in respect of main roads, repayment whereof has been deferred by the Commissioner with the approval of the Governor in Council pursuant to the provisions of paragraph (i.) of sub- section (5A.) of section thirty-three of this Act, there shall be paid from the Fund to the Treasury such annual amount of interest as is equal to the interest which a Local Authority would have paid to the Treasury but for the approval given to such Local Authority to defer such repayment as aforesaid, * Commonwealth Statutes, No. 46 of 1926.

1928. ROADS. 1I1ain Roads Act Amendment Act. 12255 and such payment shall be so made from the Fund for such period (not exceeding ten years) being the period during which the Commissioner, with the approval of the Governor in Council, has approved that the payment of interest by the Local Authority concerned should be deferred: Provided that in respect of that portion of the expenditure apportioned to any Local Authority and deferred as aforesaid, no sinking fund payment (being in addition to the pay- ment from the Fund of the interest during such deferred period as aforesaid) as prescribed by paragraph (c) of this section shall be payable from the Fund. (t) Towards the payment to the Treasury annually of interest at such rate as may from time to time be determined by the Treasurer on such portion of the State subsidy, under the terms of the Act of the Parliament of the Commonwealth intituled *The FederalAidRoads Act1926 and under the terms of t" The Federal Aid Roads Agreement Approval Act of 1926" or any Acts amending or in substitu- tion for the same, as may be provided from loan funds: Provided that such payment shall only be made until such time as the loan has been extinguished under the terms of the Acts herein mentioned." (xii.) Section thirty-three is amended as follows:- Amendment of s. 33. (a) The following new paragraphs are added to subsection two of the said section:- "In the case of tourist roads, the Commissioner, Agreerr;ents with the approval of the Governor in Council, may ; ~ : ~ ~ t make an agreement with any Local Authority before the commencement of construction of any such tourist road as to the amount of contribution (if any) for which such Local Authority would be liable under the terms of this Act in respect of permanent works and maintenance. Such agreement may also contain any provisions, conditions, and stipulations relating to the liability of * Commonwealth Statutes, No. 46 of 1920. t 17 Geo. V. No. 7, supra, page 11703.

12256 ROADS. Main Roads Act Amendment Act. 19 GEO. V. No. ] 1, the Local Authority, the terms of any payments, or generally as may be considered necessary and desi!-'able in the circumstances. Any agreement made under this provision shall have the force of law and be observed." (b) The following new subsection (5A.) is inserted after subsection five of the said section:- Deferred "(5A.) (i.) Notwithstanding anything to the con- f: Pr: ~ ~ ~ ~ f trary containe.d, in a: ~ lY case whe::e a main road has been main roads. constructed wIth a VIew to opemng up areas of land for settlement it shall be competent for the Commissioner, with the approval of the Governor in Council, to defer for a period not exceeding ten years the date from which the amount apportioned to any Local Authority under this Act shall be deemed to become a loan to such Local Authority as hereinbefore provided. During such period the provisions of paragraph (e) of section twenty-nine of this Act shall apply and be observed: Provided that in every such case the interest upon that portion of the expenditure for which such Local Authority is liable shall not commence to accrue until the commencement of the financial year in which the first payment on account of such loan is due. Reduction of (ii.) In any case where a Local Authority has , ? ontritb~ tionsincurred an annual liability on account of the repayment I c D asceesr in aIn 0 f portI.On 0 f t h e cost 0 f permanent works under t h" IS ~ ~ ~ ~ : ~ t of Act to an extent equal to one penny half-penny in the permanent pound on the unimproved value of the land within the mwoarinks, on area of such Local Authority as determined by the said develop- Local Authority, the Commissioner, with the approval : : ~ I' or of the Governor in Council, may reduce the amount of roads. contribution payable by any such Local Authority in respect of future permanent works on any main, developmental, or tourist road, if the Commissioner is satisfied that the valuation of the properties within the area of such Local Authority is a fair and reasonable one: Provided that annual payments of any such reduced contribution shall be made by means of a uniform rate imposed upon the whole area of such Local Authority: Provided further that no portion of such reduced contl-ibution shall be charged to any area which is already a benefited area in respect of permanent works under this Act and which is liable for a repayment in respect of such permanent works amounting to one

ROADS. 12257 1928. Main Roads Llct Amendment Act. penny half-penny in the pound on the unimproved value of the properties in such area determined as aforesaid, unless the permanent works in respect of which such reduced contribution is required have been declared to be a direct benefit to such area by resolution of the Local Authority at a special meeting held within ninety days after the amount of contribution from such Local Authority has become a loan to it under the provisions Df this Act, in which case such area shall, in addition to its existing liability -as aforesaid, be also liable for the uniform rate herein mentioned in respect of such reduced contribution. (iii.) In exercising the authority conferred by this subsection, the Commissioner shall take into account the revenue 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." (c) After the second-last paragraph of subsection five of section thirty-three the following new proviso is i.J:).serted:- " Provided that, if no such special meeting be held within the time prescribed herein, it shall be competent for a Local Authority to hold such a special meeting and pass such a special resolution at any time within one year of the date from which the said amount of contribution from such Local Authority has become a loan, and in any case where such a resolution is so passed the area so fixed or recommended shall, after approval by the Minister in the case of an area recommended, be deemed to be a benefited area as from the next ensuing first day of Ja.nuary." Verbal Amendments. (xiii.) In section two, in the definitions of "mainten- Verbal ance," "permanent improvement," and " permanent amendments. works," and in sections 9, 10, 13 to 18,24,27, 35, 39 and 41 and in clauses 1 to 10, 12 to 14, 16 to 24, 26 and 31 of the Schedule, delete the word ' or" where it occurs between the word "main" and the word "develop- mental," and insert after the said word" developmental" the words "or tourist." In sections twenty-eight and thirty-two, after the words "maintenance of main" insert the words "or tourist."

12258 ROADS. Main Roads Act Amendment Act. 19 GEO. V. No.Il, 1928. In section thirty-three, subsection one, sixth para- graph, insert the words "or tourist" after the word "main," where the word twice occurs. In section thirty-three, subsection three, delete the word "August" and insert in lieu the word "September." In subsection one of section thirty-nine, after the words" local government" insert" and where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency." , Wherever in this Act reference is made to the Commissioner, and the pronoun "it" (or any derivative of "it") is used in respect of such reference, the word "it" shall be construed and amended to mean and read "he" (or any derivative of "he"), and the Act shall be construed and amended accordingly. Schedule. Amendment of the Schedule. (xiv.) The following new clauses are added to the Schedule :- ;, 32. Providing for the preparation, issue, regulation, and control of official number plates for motor vehicles and for the imposition of such fee as may be prescribed for the issue thereof. Prohibiting the use of number plates other than those approved by the Commissioner, and prohibiting the preparation of number plates other than with the approval of the Commissioner. Providing for the alteration of design and/or colouring of such plates from time to time, and for the carrying on motor vehicles of a coloured symbol denoting the currency of the registration of such motor vehicle. a3. Providing for the use of instruments for the purpose of checking weights of vehicles and of loads carried on main. developmental, and tourist roads."