Main Roads Acts Amendment Act of 1929 (20 Geo v No. 23) (Qld)

ROADS. 20 GEO. V. No. 23, 1929. ~ JJ1ain Roads Acts Amendment Act. 12775 ROADS. An Act to Amend "The Main Roads Acts, 1920 to 20NGoe. o 2 . 3 V . . 1928," in certain particulars. THE MAIN ROADS ACTS [ASSENTED TO 17TH DECEMBER, 1929.J AACMTENODFM 1 E 9 N 29 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 assemLled, and by the authority of the same, as follows;- 1. This Act may be cited as "The Main Roads Short title Acts Amendment Act of 1929," and shall be read as one and t t' with *" The Main Roads Acts, 1920 to 1928," herein cons rue IOn. referred to as the Principal Act. The Principal Act and this Act may collectively be cited as " The Main Roads Acts, 1920 to 1929." Amendments of the Principal Act. 2. Section two of the Principal Act is amended as Amendment follows :- of s. 2. (a) In the definition of " Minister" the words ., The Minister. Secretary for Public Lands" are repealed and the words "The Secretary for Railways" are inserted in lieu thereof. (b) After the definition of " Regulations" the follow- ing definition is inserted:- " "Revenue" shall be deemed to be all moneys Revenue. paid to the credit of any fund under this Act, exclusive of any moneys provided from State Loan Funds." (c) After the definition of "Road" the following definition is inserted :- " " State highway"-Any road declared to be a State State highway under this Act, or any part highway. of such road." (d) After the definition of " This Act " the following definition is inserted :- " " Tolls" or" Toll fees"-Any fees payable under Tolls or this Act or the regulations thereunder for Toll fees. the privilege of passing over any bridge, ferry, or section of road." * 10 Geo. V. No. 26. 13 Geo. V. No. 24, 14 Geo. V. No. 12, 16 Oeo. V. No. 9, and 19 Geo. V. No. 11, Bttpra., page 12357. Al

12776 ROADS. lvlain Roads Acts Amcndment Act. 20 GEe). V. No. 2;j, ---------------------------------- Amendment of s. 10. 3. Section ten of the Principal Act is amended as follows :- (a) In subsection three, before the words "main, developmental, or tourist road," where they thrice occur, the words "State highway," are respectively inserted. (b) In subsection five, before the words "main, developmental, or tourist road," where they twice occur, the words "State highway" are respectively inserted. Aofms.en11d.ment as fo 4 llo . wSse: ct-ion eleven of the Principal Act is amended (i.) The following new paragraphs (c) and (d) are added to suhsection one of the said section :- " (c) Any road being a principal avenue of road communication shall be a State highway, notwithstanding that such road may have already been declared to be a main, develop- mental, or tourist road. (d) Any State highway or part of a State highway which in the opinion of the Commissioner is no longer of sufficient importance to be a State highway shall cease to be a State highway." (ii.) Subsection three of the said section is amended, by inserting before the words " main road," where they twice occur, the words" State highway or". (iii.) In subsection four, after the word "crossing," wherever it appears, the words "or traversing" are inserted; also, before the words "main, developmental, or tourist road," where these words twice occur, the words "State highway or" are respectively inserted; also, after the words "pipe line" the words "power line," are inserted. Amendment 5. Section twelve of the Principal Act is amended, of s. 12. by omitting the words "main road," where they twice occur, and inserting in lieu thereof the words "State highway or main road (as the case may be)." Amendment 6. In section thirteen of the Principal Act, before of s. 13. the words "main, developmental, or tourist," wherever they occur, the words" State highway," are inserted.

ROADS. 12777 1929. Main Roads Acts Alnenclrnent ./iet. ------------------------- ----------- ----------- - - - - 7. In section fourteen of the Principal Act, before Amendment the words "main, developmental, or tourist" the words of s. 14. " State highway," are inserted. 8. In section sixteen of the Principal Act, before Amendment the words "main , developmental , or tourist , " where of s. 16. they twice occur, the words "State highway," are inserted. 9. Section seventeen of the Principal Act is amended Amendment as follows :_ of s. 17. (i.) In subsection one, before the words "main, developmental" the words "State highway," are inserted. (ii.) In paragraphs (a) and (c) respectively of sub- section two, before the words "main, developmental," the words" State highways," are respectively inserted. In paragraph (b) of the said subsection two, before the words "main, developmental," the words "State highway," are inserted. (iii.) In subsection three, before the words "main, developmental;' the words "State highway," are inserted. 10. Section eighteen of the Principal Act is amended Amendment as follows :_ of s. i 8. (i.) Before the words "main, developmental, or tourist," wherever they occur in the section, the words " State highway," are inserted. (ii.) The following provision is inserted after sub- section one, namely :- " No portion of any State highway, main, develop- mental, or tourist road shall be leased or sold without the approval of the Commissioner, and the proceeds of any such lease or sale shall be paid to the Treasurer and placed to the credit of the fund." 11. In the second paragraph of section nineteen Amendment of the Principal Act, before the words "main road" the of s. 19. words "State highway or" are inserted; also, in the last paragraph of the said section, before the words "main road" the words "State highway or" are inserted.

12778 ROADS. JJain Roads Acts Amendment Act. 20 GEO. V. No. 23, Amendment 12. Section twenty of the Principal Act is amended of s. 20. as follows : - (i.) In paragraph (a) of subsection one, before the words "main or tourist" the words" State highway or" are inserted. In paragraph (b) of the said subsection, before the words "main or developmental" the words "State highway or" are inserted. In paragraph (c) of the said subsection, before the words "main road," where they thrice occur, the words " State highway or" are inserted. (ii.) In subsection three of the said section, before the words "main road" the words" State highway or" are inserted. Amendment 13. Section twenty-one of the Principal Act is of B.21. amended as follows :- (a) In the fourth paragraph, after the words" The moneys to the credit of such fund" the words "or the moneys to the credit of the Main Roads Fund" are inserted. In the same paragraph, the words "equal to one- half" are repealed and the words "equal to three- fourteenths" are inserted in lieu thereof. (b) The following additional paragraph is added to the said section, namely:- " From and after the first day of July, one thousand nine hundred and twenty-nine, the moneys to the credit of the said funds shall also be applied towards the pay- ment to the Treasury annually for a period of twenty years of an amount equal to four-fourteenths of the interest payable on the total cost of permanent works carried out on developmental roads, other than those constructed under the terms of *" The Federal Aid Roads Agreement Approval Act of 1926 "; and the rate of such interest shall be as set out in subsection one of section twenty-two hereof." Amendment 14. In subsection one of section twenty-two of the of s. 22. Principal Act, the words "equal to one-half" are repealed and the words "equal to three-fourteenths" are inserted in lieu thereof. * 17 Geo. V. No. 7, supra, page 11703.

ROADS. 12779 1929. Main Roads Acts Amendment Act. 15. In subsection (lA) of section twenty-three of Amendment the Principal Act, the words "equal to one-half" are of s. 23. repealed and the words "equal to three-fourteenths" are inserted in lieu thereof. 16. In section twenty-four of the Principal Act, Amendment before the words "main, developmental" the words of s. 24. " State highway" are inserted. 17. After section twenty-six of the Principal Act New secth'n the following new section is inserted, namely:- 26A. "[26A.] (1.\ When the Commissioner proposes to Resumption resume any land, he shall serve a notice of resumption of l~ nd. upon all such persons having any legal estate or interest ~ ~ ~ ~ ~ ) ~ i~ n. in the land as can, after diligent inquiry, be ascertained. 1 The notice shall set forth the particulars of the land taken. It shall require all persons in any way interested to deliver to the Commissioner particulars of their estate and interest in the land, and of all claims made by them in respect thereof. It shall state that the Commissioner is willing to treat as to the compensation to be made in respect of the land taken and all consequential matters. Such notice may be served at any time, but the land Vesting of referred to shall not vest in the Crown until the land in the publication of an Order in Council as prescribed by Crown. section thirteen of this Act. (2.) (a) From and after the publication of the Effect of Order in Council under this Act authorising the taking notice. of the land, such land therein specified shall become absolutely vested in the Crown, discharged from all trusts, obligations, mortgages, charges, rates, contracts, claims, estates, or interests of what kind soever, or if an easement only is required, such easement shall become vested in the Crown; and the estate and interest of every person entitled to the whole or any part of the land or affected by such easement shall be taken to have been converted into a claim for compensation under the Public Works Land Resumption Acts. (b) Where it is found that land comprised in a notice of resumption is not required, or that the notice of resumption incorrectly describes the land to be taken, or that any other error in form or substance exists in relation to such taking, the Commissioner may, by a subsequent notice served as aforesaid, annul or amend

12780 ROADS. Main Roads Acts Amendment Act. 20 GEO. V. No. 23, such first notice or any part thereof, and such first notice or such part thereof shall, from the date of ~ he subsequent notice. be absolutely void: Provided that- (i.) No person shall be prejudiced in respect· of any mortgage, charge, claim, estate, or interest existing in respect of the land by reason of his having, in consequence of such first notice, done or omitted any act or thing, or failed to enforce or act upon any right, or comply with any obligation in respect of such mortgage, charge,. claim, estate, or interest. (ii.) No person shall have any right of action or claim against the Commissioner for anything bona fide done under such first notice before the annulment or amendment thereof. (iii.) Nothing herein contained shall limit the power of the Commissioner to take at any 'lubsequent time the whole or any part of the land mentioned or described in any notice so annulled or amended in whole or in part. (3.) In any case in which the Secretary for Public Lands is taking, under the terms of *" The Land Acts, 1910 to 1927," or any Act amending the same, any land upon, through, along, or over which it is proposed to construct a road under this Act, it shall be competent for the Commissioner to enter upon such land after service of a notice upon the owner and/or the occupier of his .intention so to enter. Should such land or any part thereof be not taken or used for the purpose of constructing such a road, the owner and/or the occupier thereof shall be entitled to claim compensation for any damage caused by such entry. (4.) Regulations may be made to give full effect to the objects, purposes, and provisions of this section, and the provisions of section thirty-nine of this Act shall apply and extend accordingly." o A f m s. en 2 d 7. ment befor 1 e 8. thIen sweocrtdiosn " tmweaninty, -sdeevveenloopfmtehnetaPl"rintchiepalwoArcdts, " State highway," are inserted. * 1 Geo. V. No. 15 and amending Acts, 8upra, page 877fJ, and sessional volun,es.

ROADS. 1929.1Jiain Roads Acts Amendment Act. 12781 19. Section twenty-eight of the Principal Act is Amendment amended as follows :_ of s. 28. (i.) In paragraph (a), before the words "main or tourist" the words " State highways," are inserted. Also, after the words "future years" the words " and any such balance of unexpended moneys shall be deemed to be revenue;" are added. (ii.) A new paragraph (h) is inserted after paragraph (y), as follows : - "(h) All contributions paid by Local Authorities in respect of the apportionment of permanent work the cost of which has been provided from Revenue." And paragraph now lettered (h) IS re-lettered (i) accordingly. 20. Section twenty-nine of the Principal Act is Amendment amended as follows :_ of s. 29. (i.) Paragraph (c) is repealed and new paragraph (c) is inserted in lieu thereof, namely:- " (c) Towards the payment into a sinking fund to be kept at the Treasury, called" 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 amount appro- priated by Parliament from loan funds, and credited to the Main Roads Fund for the purposes of this Act, after deducting the amounts repayable by Local Authorities on account of such loan." (ii.) Paragraph (d) is repealed and new paragraph (d) is inserted in lieu thereof, namely :-. "(d) In the case of permanent works created upon State highways, main or tourist roads, after the first day of July, one thousand nine hundred and twenty-nine, and of permanent works upon such roads, the apportionment of cost of which has been deferred under the terms of subsection six of section thirty-three hereof, towards the payment to the Treasury of such sum annually as is equal

12782 ROADS. -._-_._----- --- - - - - - - - - - - _ . _ - - - - - - _ .. - - - - - - - - . _ - - - Main Roads Acts Amendment Act. 20 GED. V. No. 23, to the interest on the cost of permanent works financed from loan funds to the following extent:- (1) In the case of State highways, seven- fourteenths: (2) In the case of main roads, four-fourteenths; (3) In the case of tourist roads, the portion not chargeable to Local Authorities. Such payments shall be made only until the sinking fund payments provided for in clause (c) hereof shall have redeemed the portion of the loan not chargeable to Local Authorities." (Hi.) The following additional proviso is added to paragraph (f), as follows :- "and provided that the sinking fund payment for which the State is liable shall be paid under the above Acts, after the expiry of the period of the agreement, from this Fund." Amendment 21. Section thirty-three of the Principal Act is of s. 33. amended as follows :_ (1.) In the first paragraph of subsection one, the word ' ~ half " is repealed. The following paragraphs are inserted after the words "in the following manner" in the said first paragraph, namely:- "(i.) The Local Authority or Authorities in whose Area a State highway is situated shall not incur any liability on account of permanent works constructed on such highway; (ii.) The contribution of Local Authorities benefited by the construction of a main road shall no t, exceed three-fourteenths of the total cost of such road; (iii.) The contribution of Local Authorities benefited by the construction of a develop- mental road shall not exceed three-fourteenths of the interest upon the total cost of construction of such road as prescribed 111 section twenty-two of this Act;

ROADS. 1929. JJain Roads Acts Amendment Act. (iv.) The contribution of Local Authorities benefited by the construction of a tourist road shall be as agreed in accordance with the provisions of this Act; (v.) In the case of maintenance, half of the amount expended on State highways and main roads and the proportion agreed upon in the case of tourist roads shall be apportioned to the various areas benefited thereby, except as hereinafter provided." (2.) Provision (b) of the second paragraph, beginning with the words" He shall" is repealed and the following new provision (b) is inserted in lieu thereof : - " (b) The proportion of the amount to be appor- tioned as aforesaid, which is allocated to each such Area, having regard to the benefits it has obtained from the expenditure incurred." (3.) The provision beginning with the words " Provided that the total amount," and ending with the words "as aforesaid" in the said subsection one is repealed. (4.) The. provision beginning with the words "An Area may be benefited" is repealed, and a new provision is inserted in lieu thereof, namely :- "An area may be benefited by expenditure on permanent works and maintenance, although such permanent works and the State highways, main, developmental, or tourist roads maintained are not situated within the Area, if substantial traffic to or from the Area passes over, or in the case of new State high- ways, main, developmental, or tourist roads, will in the opinion of the Commissioner pass over a State highway, main, developmental, or tourist road on which such expenditure has been made." (5.) In subsection two of the said section thirty- three, after the words "in respect of the maintenance of any" the words" State highway or" are inserted. (6.) In the first paragraph of subsection five of the said section thirty-three, after the words "in respect of permanent works" the words "on main roads" are inserted. 12783

12784 ROADS. .Main Roads Acts Amendment Act. 20 GEO. V. No. 23, (7.) The two provisos to provision (ii.) of subsection DA of the said section, being all words from and including "Provided that annual payments" to and including the words "of such reduced contribution" are repealed and the following provisions are inserted in lieu thereof:- " Provided that the amount of reduction of contribu- tion shall be credited against the total amount of contribution already payable by the Local Authority on account of any benefited Area within the Area of such Local Authority which has incurred an annual liability on account of the repayment of portion of the cost of permanent works under this Act to an extent equal to one penny half-penny in the pound on the unimproved value of the land within the Area of such Local Authority. In the event of there being more than one benefited Area within the Area of any Local Authority, the amount of reduction of contribution granted hereunder shall be credited against the annual contribution payable by such benefited Areas in proportion to the amounts thereof: Provided further that such reduction of contribution shall be credited against the total amount of contribu- tion already payable by the said Local Authority on account of any benefited Area as aforesaid only until the rating in any such benefited Area on account of the repayment of portion of the cost of permanent works under this Act becomes equal to the rating in the whole Area of the Local Authority concerned on account of' the repayment of portion of the cost of permanent works debited to such Local Authority under this Act.'" o A f m s. en 3 d 8. ment sectio 2 n 2. thiTrthye-eifgolhltowofintghenPerwincsiupbalseAcctito, nnaims ealdyd: e-d to " (3.) In addition to any penalty imposed for any breach of this Act or of the regulations thereunder, the court shall have power, authority, and jurisdiction to order the payment of any fee or fees due for any purpose under the Act or regulations or to order the payment of the cost of repairing any damage done to any State highway, main, developmental, or tourist road." o A f m s. en 3 d 9. ment Princ 2 i 3 pa . l IAncst,ubbseefcotrieonthoenwe oorfdsse" cmtioanin,thdiertvye- lnoipnme eonftatlh" e the words "State highways" are inserted.

ROADS. 12785 1929. Main Roads Acts Arnend1nent Act. 24. In the first paragraph of section forty-one of Amendment the Principal Act, before the words "main, develop- of s. 41. mental" the words" State highways" are inserted. 25. The following new provisions are added to the Amendment Schedule of the Principal Act., namely:- ~ ~ ! ~ ule. "(34.) Providing for the levying by the Commissioner, with the Tolls. approval of the Governor in Council, of tolls upon tourist roads or upon roads and bridges the construction of which would be an undue burden upon the Local Authority. Providing for the fixing, varying, or abolishing of toll fees by the Commissioner with the approval of the Governor in Council from time to time. Providing for the method of collecting such tolls. Providing for the amount of fees collected as tolls less the costs of collection to be credited against the amount of annual contribution which would be payable by the Local Authority concerned on account of the construction and maintenance of the said road up to the amount of such annual contribution. (35.) Providing for the making of agreements with Local Authorities as Agreements to the amount (if any) for which such Local Authorities would re tourist be liable by way of contribution for permanent works and roads. maintenance on tourist roads. Providing for the inclusion in Ruch agreements of provisions, conditions, and stipulations relating to the terms of payments, and generally." SALARIES, REDUCTION OF, OF MEMBERS AND OF MINISTERS OF THE CROWN. See CONSTITUTION. SECONDARY INDUSTRIES, ASSISTANCE TO. See INDUSTRY.