Main Roads Acts Amendment Act of 1934 (25 Geo v No. 36) (Qld)

ROADS. 15109 25 GEO. V. No. 36, 1934. Main Roads Acts Amendment Act. of the Government are hereby indemnified against all claims and liabilities in respect of such diversion, transfer, and payment accordingly.· 3. The total amounts of all such diversions, Repayment transfers, and payments from the Main Roads Fund to of diversions. the Consolidated Revenue as provided in section two of this Act shall be repaid to the Main Roads Fund when in the opinion of the Governor in Council the finances of the State permit. 4. The provisions of sections four and seven of Application * "The Mai Roads Fund Transfer Approval Act of~ f: rs: . 4p~ ~ d 1932" shall, mutatis mutandis, extend and apply in Main Roads respect of any transfer, diversion, or payment as provided ~ ~ : : ! fer in this Act, a d to the intent that where in any of the Approval " aforesaI· d sec I.ons reference I.S made t 0 the provI.s.Ions Act of 1932. of *" The M in Roads Fund Transfer Approval Act of 1932," such r ference is and shall be made to apply to the provision of this Act, and the provisions of the said *" The Main Roads Fund Transfer Approval Act of 1932 " and t is Act are and shall continue in full force and effect ac ordingly. end "The Main Roads Aots, 1920 to 25 N G o e . o 3 . 6 V . . 19.,9," in oertain partioulars. THE MAIN ROADS ACTS AMENDMEN'l' [ASSENTED TO 20TH DECEMBER, 1934.] ACT OF 1934. B E it enac ed by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative A.ssem ly of Queensland in Parliament assembled, and by the a thority of the same, as follows ;-' 1. This ct may be cited as " The Main Roads Act8 Short title Amendment ct of 1934," and shall be read as one with: ~ ! truction. t "The Main Oad8 Acts, 1920 to 1929," herein referred to as the Princi al Act. The Pri cipal Act and this Act may collectively be cited as "Th Main Road8 Acts, 1920 to 1934." * 23 Geo. . No. 20, supra, page 14382. t 10 Geo. . No. 26 and amending Acts, supra, page 12357 et se'1.

15110 ROADS. Main Roa:ds .Acts Amendment Act. 25 GEO. V. No. 36, Amendments of the Principal Act. Amendment 2. Section two of the Principal Act is amended, as of s. 2. follows :- Local Authority. (a) In the definition of "Local Authority" the words" the term includes the City of Brisbane constituted under * "The Oity of Brisbane Acts, 1924 to 1933 " (or any Act amending the same)" are added to the said definition. (b) The definition of "Maintenance" is repealed and the following is inserted in lieu thereof :- Maintenance. " "Maintenance" includes all works of every description which are in the opinion of the Commissioner calculated to keep the State highway, main, developmental, secondary, mining access, or tourist road, or tourist track, and any drain draining such highway, road, or track in the same state of utility as they were in at the time when such road or track was proclaimed a State highway, main, developmental, secondary, mining access, or tourist road, or tourist track, as the case may be, 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-. (i.) The destruction and eradication by the Commissioner of noxious weeds and plants upon a State highway, main, developmental, secondary, mining access, tourist road, or tourist track ; (ii.) The amount of any judgment and costs recovered by any person in any action against the Commissioner in respect of any loss or injury sustained by any person by reason of any accident upon or while using any State highway, main, developmental, secondary, mining access, 'or tourist road, or tourist track ; (iii.) The care and protection of traffic lines or of any traffic signs and the protection of trees, natural or planted, upon a State highway, main, developmental, secondary, mining access, or tourist road, or tourist track." * 15 Geo. V. No. 32 and amending Acts, 8upra, pages 11140 et 8eq.

ROADS. 15111 1934. Main Road,s Acts Amendrnent Act. (c) After the definition of" Maintenance" the following definition is inserted, namely:- " " Mini1[lg access road"-Any road, or route, or Mining meaps of access declared to be a mining access road. access road under this Act, or any part of sucH road." I (d) After the definition of "Mining access road" the following dffinition is inserted, namely :- " "lVlini:p.g area"-Any land (including land within Mining area. the Imeaning of this Act) comprised within or forming part of any mine, goldfield, mineral field, new goldfield, new mineral field, coal- field, mining tenement, miner's homestead, mining lease, miner's common, claim, business area, drainage area, residence area, pro~ pecting area, reserve, or any other area held under permit or lease, or any oth~ r tenure under all or any of the following Act~ , namely : - (a) * I' The ~ fining Acts, 1898 to 1930"; or (b) t I' The Coal Mining Acts, 1925 to 1928 "; or (C) t" The Petroleum Acts, 1923 to 1929"; or (d) § f' The Mining on Private Land Acts, 1909 to ]929 "; or (e) Any other Act or law relating to mining; or (j) Any other Acts amending or in substitution for the Acts referred to in paragraphs (a) to (e), and in every case, whether such mining area is in existence before, on, or after the passing of II"The Main Roads Acts Amendment Act of 1934." " (e) The definition of "Minister" is repealed and the following definition is inserted in lieu thereof :- " " Minister"-The Secretary for Public Works or Minister. other Minister of the Crown charged for the time being with the administration of this Act." * 62 Vic. No. 24 and amending Acts, s1tpra, pages 2178 et seq. t 16 Geo. V. No. 30 and amending Acts, 81tpra, pages 11358 et seq. t 14 Geo. V. No. 26 and amending Acts, supra, pages 12319 et seq. § 9 Edw. VII. No. 15 and amending Acts, s1tpra, pages 2233 et Beq. 11 This Act.

15112 ROADS. Main Roads Acts Amendmen,t Act. 25 GEO. V. No. 36, Secondary road. Permanent improve· ment. Permanent works. (f) After the definition of "Road" the following definition is inserted, namely:- " " Secondary road"-Any road declared to be a secondary road under this Act, or any part of such road." (g) The definition of " Permanent improvement" is repealed and the following definition is inserted in lieu thereof :- " "Permanent improvement" includes all works of every description, exclusive of maintenance, which are in the opinion of the Commissioner calculated to increase the utility of a State highway, main, developmental, secondary, mining access, tourist road, or tourist track ; also drains for draining any such highway, road, or track." (h) The definition of "Permanent works" is repealed and the following definition is inserted in lieu thereof :- " "Permanent works" includes new State high- ways, main, developmental, secondary, mining access, tourist roads, or tourist tracks, and permanent improvements to State highways, main, developmental, secondary, mining access, tourist roads, or tourist tracks." Tourist track. (i) In the definition of "Tolls" or "Toll fees," after the word "ferry," the words "wharf, jetty, landing stage " are inserted. . (j) After the definition of "Tourist road" the following definition is inserted, namely:- " " Tourist track"-Any track within any Crown land within the meaning of *" The Land Acts, 1910 to 1932" (or any Act amending the same) or National Park declared to be a National Park in pursuance of t" The State Forests and National Parks Act of 1906 " (or any Act amending or in substitution for the same), or land reserved for or dedicated to public purposes, or land taken for the purposes of this Act which is declared to be a tourist track under this Act, or any part of such track." * 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seq. t 6 Edw. VII. No. 20 and amending Acts, supra, pages 790 et seq.

ROADS. 15113 1934. Ma,in Roads Acts Amendment Act. --- - - - - ~ -- - -- - -~- ~~ ~ -- - -- 3. Section nine of the Principal Act is amended, as Amendment follows :_ . of s. 9. (a) In paragraph (a) of subsection one, before the word" main," the words "State highways" are inserted; and after the word "developmental" the words "secondary, mining access" are inserted. (b) In subsections three and four, before the word " main," wherever it occurs, the words " State highway" are inserted; and after the word "developmental," wherever it occurs, the words "secondary, mining access" are inserted. (c) In subsection three, after the words" they are adj acent," the following is inserted :- " He may, notwithstanding any Act or law to the contrary, also take such additional areas of land not adjacent to a State highway, main, developmental, secondary, mining access, or tourist road as may be deemed necessary for scenic purposes or for the purpose of providing or improving facilities and/or conveniences for the users of State highways, main, developmental, secondary, mining access, or tourist roads. The Governor in Council on the recommendation of the Commissioner may by Order in Council declare that any area of land taken for scenic purposes or for providing the facilities and/or conveniences aforesaid shall be either- (i.) A National Park in pursuance of *" The State Forests and National Parks Act of 1906" (or any Act amending or in substitution for the same); or (ii.) Permanently reserved for public purposes under and subject to the provisions of section one hundred and eighty-one of t" The Land Acts, 1910 to 1932 "; or (iii.) Offered for sale as Perpetual Town Leases, Perpetual Suburban Leases, or Perpetual Country Leases in pursuance of section one hundred and twenty-one of t" The Land Acts, 1910 to 1932 " : * 6 Edw. VII. No. 20 and amending Acts, supra, pages 790 et seq. t 1 Geo. V. No. 15 and amending Acts, 8upra, pages 8775 et 8eq.

15114 ROADS. ---------- Main Roads Acts Amend1nent Act. 25 GEO. V. No. 36, Provided that where any such land is permanently reserved for public purposes the Commissioner shall be created the trustee thereof, and the provisions of *" The Land Acts, 1910 to 1932," relating to trustees in control of lands permanently reserved for public purposes shall apply and extend accordingly. The Commissioner may, with the approval of the Governor in Council by Order in Council take or lease such land or acquire such easement as may be necessary to provide access to any National Park or scenic reserve, and if private road works exist on any such land he may maintain the same." (d) After the words" shall apply accordingly," at the end of the first paragraph of the said subsection, the following is inserted:- "Provided that where land is being acquired at the passing of t" The Main Roads Acts Amendment Act of 1934," or shall hereafter be acquired by the Commissioner the provisions of section 26A of this Act shall be and be deemed to apply in lieu of those sections of t "The Public Works Land Resumption Acts, 1906 to 1917," relating to the procedure to be observed in taking the land and the time of vesting of such land in the Crown." Amendment 4. Section ten of the Principal Act is amended, as of s. 10. follows : - After the word" developmental," wherever it occurs, the words" secondary, mining access" are inserted. Amendment 5. Section eleven of the Principal Act is amended, of s. 11. as follows : - (a) Subsections one and three are repealed and the following subsections one and three are inserted in lieu thereof :- Commis· "(1.) The Commissioner may from time to time rseiocnoemrmtoend recommend to the Governor in Council that- what roads (a) Any road, being a principal avenue of road shall be State highways. communication, be declared a State highway; * 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seq. t This Act. t 6 Edw. VII. No. 14 and amending Acts, supm, pages 8211 et seq.

ROADS. 15115 1934. MOIin Road8 Acts Amendment ,Act. (b) Any road which, in the opinion of the Main roads. Commissioner, is of sufficient importance be declared a main road; (c) Any road, route, or means of access which, in Develop- the opinion of the Commissioner, will develop me~tal or further develop any area of land opened roa s. or proposed to be opened for settlement be declared a developmental road; (d) Any road which acts as a feeder to a State Secondary highway, main, developmental, or tourist roads. road be declared a secondary road; (e) Any road, route, or means of access to any Mining mining area be declared a mining access access'roads. road; (f) Any road which is a means of access to a Tourist National Park, a scenic reserve, a seaside roads. resort, or a natural beauty spot be declared a tourist road; (g) Any track within any Crown land or National Tourist Park declared to be a National Park in tracks. pursuance of *"The State Forests and National Parks Act of 1906 " (or any Act amending or in substitution for the same), or land reserved for or dedicated to public purposes or land taken for the purposes of this Act be declared a tourist track; (h) AsencyonS d ataryte, IhDi . lgnh . mwgayac, cemssa, ino, r t doeuvrIe . sl t oprmoae d n,taolr, S & h ~ I c a g . t , h e w m a a y y be tourist track, as the case may be, or any part declared no of any such highway, road, or track be ~ ot~ : r a declared to be no longer a State highway, highway, &c. main, developmental, secondary, mining access, or tourist road, or tourist track, as the case may be: Provided that in any case where the Commissioner makes a recommendation as provided in this paragraph (h) it shall be competent for him, either at the same time of the making of any such recommendation, or at any future time, to make a recommendation in respect of the same road or track, as the case may be, as provided in any of the paragraphs (a) to (g) inclusive of this subsection. * 6 Edw. VII. No. 20 and amending Acts, 8upra, pages 790 et 8eq.

15116 ROADS. Main Roads Acts Amendment Act. 25 GEO. V. No. 36, In the case of a State highway, main, developmental, secondary, mining access, or tourist road, each such recommendation shall specify the points of commencement and termination of such road, route, means of access, or track, as the case may be, and shall describe the course thereof, and in the case of a tourist track such particulars shall be included sufficient to delineate the track generally." "(3.) The Governor in Council may from time to time by Proclamation confirm such recommendation, and thereupon the road, route, means of access, or track mentioned in such recommendation shall be or shall cease to be a State highway, main, developmental, secondary, mining access, or tourist road, or tourist track, as the case may be, as to the whole or part thereof specified in the recommendation: Provided, however, that no action taken under subsection one hereof shall increase the liability of any Local Authority to contribute towards the cost andlor maintenance of a road the designation of which is altered under the powers hereinbefore contained." (b) In subsection four, after the word "develop- mental," wherever it occurs, the words "secondary, mining access" are inserted. (c) The following paragraph is added to subsection four:- " Where an existing structure carrying any public utllity of the kind herein described requires to be reconstructed either wholly or partially for the purposes of the Act the provisions of this subsection shall apply thereto, and the Commissioner shall not be compellable to replace such public utility where its removal has been necessary during such reconstruction." Amendment 6. Section twelve of the Principal Act is amended, of s. 12. as follows:- Mter the words" State highway," where they twice occur, the words " or main road " are deleted, and the words "main, developmental, secondary, mining access, or tourist road " are inserted.

ROADS. 15117 1934. Main Roads Acts Amendment Act. 7. Section thirteen of the Principal Act is amended, Amendment as f 0 11 oWS:- of B. 13. (a) After the word "developmental," wherever it occurs, the words "secondary, mining access" are added. (b) The following provision is added to subsection one:- " Provided that in the case of a mining access road any works shall be of a temporary or permanent character, as the circumstances require, sufficient in the opinion of the Commissioner to provide access to a mining area for the development of mining." (c) A new subsection five is added, as follows : - "(5.) Where a new State highway, main, develop-What road mental, secondary, mining access, or tourist road is includes. declared, or a deviation from an existing State highway, main, developmental, secondary, mining access, or tourist road is made through a Crown or forestry reserve, such road or deviation unless otherwise specified shall be deemed to include all the land within a distance of ninety-nine feet on either side from the surveyed or constructed centre line of any such road or deviation without any further authority than is contained in this subsection.' , (d) A new subsection six is added, as follows : - "(6.) Where the Commissioner requires to take land under this Act, not being land for a new State highway, main, developmental, secondary, mining access, or tourist road, or a deviation from an existing State highway, main, developmental, secondary, mining access, or tourist road, the Commissioner shall prepare maps, plans, and estimates showing the land proposed to be acquired and the cost of acquiring the same. The Governor in Council upon being satisfied that it is desirable that such land should be acquired may by Order in Council approve of the same being acquired, and upon publication of such Order in Council in the Gazette the Commissioner shall be authorised and empowered to take and use all such land as is described in and by the said maps, plans, and estimates aforesaid."

15118 ROADS. Main Roads Acts Amendmen1t Act. 25 GEO. V. No. 36, Amendment 8. Section fourteen of the Principal Act is amended, of B. 14. as follows :_ (a) After the word "developmental" the words "secondary, mining access" are added; and after the words " tourist road " the words " or tourist track " are added. (b) The following provision is added after the first paragraph of the section : - " Provided that in the case of a mining access road any works shall be of a temporary or permanent character, as the circumstances require, sufficient in the opinion of the Commissioner to provide access to a mining area. for the development of mining." A of m s. en 1 d 5. ment as fo9ll.owSsec: t-ion fifteen of the Principal Act is amended, (a) The existing section is renumbered subsection "(1)," and is amended by adding after the word " developmental," wherever it occurs, the word " secondary." (b) A new subsection two is added, as follows : - " (2.) Before recommending to the Governor in Council that a tourist track be declared through a National Park declared in pursuance of *" The State Forests and National Parks Act of 1906" (or any Act amending or in substitution for the same), or land reserved for and dedicated to public purposes, the Commissioner shall obtain the approval of the authority having the control of the land over which such tourist track is proposed to be declared." (c) A new subsection three is added, as follows : - "(3.) Where a main road has in pursuance of the Act been declared to be no longer a main road, the Commissioner may recommend to the Governor in Council that such road be declared a secondary road." Amendmem I O. Section sixteen of the Principal Act is amended, of s. 16. as follows:- In the said section, after the word " developmental," where it twice occurs, the words "secondary, mining access" are added; and after the words " tourist road," where they twice occur, the words" or tourist track" are added. * 6 Edw. VII. No. 20 and amending Acts, supra, pages 790 et scq.

ROADS. 15119 1934. Main Roads Acts Amendi'ment Act. 11. Section seventeen of the Principal Act is Amendment amended by inserting after the word" developmental," of s. 17. wherever it occurs, the words "secondary, mining access." 12. Section eighteen of the Principal Act is amended Amendment by inserting after the word" developmental," wherever of s. 18. it occurs, the words " secondary, mining access." 13. Section nineteen of the Principal Act is Amendment amended, as follows:- of s. 19. (a) In the first paragraph of the section, after the word " settlement," where it first occurs, the words " or mining area " are inserted~ (b) The second paragraph of the said section is repealed and the following paragraph is inserted in lieu thereof :- "If such road is thereafter proclaimed a State highway, or main, or developmental, or secondary, or mining access, or tourist road under this Act, its maintenance shall be under the control of the Commissioner. If such road is not so proclaimed a State highway, or main, or developmental, or secondary, or mining access, or tourist road its maintenance shall be under the control of the Local Authority of the Area in which it is situated." (c) The third paragraph is repealed and the following paragraph is inserted in lieu thereof : - " Any amounts appropriated by the Parliament of the Commonwealth of Australia for the construction of roads in this State, and in respect of which this State is the constructing authority, shall be paid into the Main Roads Fund, and when so paid such amounts shall be disbursed out of such Fund in like manner as other moneys in such Fund are disbursed." . (d) In the fifth paragraph of the said section the words" main roads or developmental roads" are deleted and the words" State highways, main, developmental, secondary, mining access, or tourist roads" are inserted in lieu thereof. (e) In the sixth paragraph of the said section the words" State highway, or main road, or developmental road" are deleted, and the words" State highway, main, developmental, secondary, mining access, or tourist road " are inserted in lieu thereof.

15120 ROADS. Main R()Iaids Acts Amendment Act. 25 GEO. V. No. 36, Repeal ~f 14. Sections twenty, twenty-one, twenty-two, and :~ lg3~ ,22, twenty-three of the Principal Act are repealed. New s. 20. A new section twenty is inserted, as follows ;- Power of " r20.] (1.) Notwithstanding any Act or law to the sCioomnemr, isw- ith contrary, the Commissioner, with the approval of the approval of Governor in Council, may- Governor in Council, to (a) Upon any land taken for the purposes of this erect and maintain Act, or in or upon any river, lake, waterway, buildings, tidal lands, or tidal waters near or adjacent &c. to any tourist road or tourist track, erect and maintain such buildings, conveniences, jetties, wharves, or landing stages as in the opinion of the Governor in Council are necessary or desirable for the purpose of developing any resort for tourists, and/or make an agreement with any person for the erection and maintenance of such buildings, conveniences, jetties, wharves, or landing stages as in the opinion of the Governor in Council are necessary or desirable for the purpose of developing any resort for tourists. (b) Make an agreement with the owner of any privately owned jetty, wharf, or landing stage enabling him to construct additions or extensions to such jetty, wharf, or landing stage for a like purpose. Any such agreement shall have the force of law and shall be observed; Provided always that the permission of the authority controlling the river, lake, waterway, tidal lands, or tidal waters shall be obtained before any such jetty, wharf, or landing stage or addition to any jetty, wharf, or landing stage IS erected or constructed. (c) Failing such agreement aforesaid, make additions to such privately owned jetty, wharf, or landing stage for the purpose herein referred to, and shall pay compensation to the owner thereof in such amounts as may be determined by the Land Court constituted under *" The Land Acts, 1910 to 1932 " (or any Act amending the same) which shall * 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seq.

1934. ROADS. Main Roads Acts Arnendrnent Act. 15121 have full authority to hear and determine the matter, and on which Court such power, authority, and jurisdiction is hereby imposed and vested accordingly. (2.) Any such buildings, houses, conveniences, ~ ppropria. jetties, wharves, or landing stages, or any such additions ~~Nl;: gs to any existing jetty, wharf, or landing stage, shall be &c. ' erected or made and maintained by the Commissioner out of moneys appropriated by Parliament for that purpose and paid into the Main Roads Fund. (3.) The Commissioner shall be empowered, with Power.of the approval of the Minister, to give a lease of any such ~ ~ : ~ ~ ~ buildings, conveniences, jetties, wharves, or landing lease, &c. stages under such terms, conditions, and stipulations, and at such charges as he considers necessary and desirable, or to permit their use by any person or persons at such fees or upon payment of such tolls as he, with the approval of the Minister, may decide. (4.) The property in and the control of any such Vesting of buildings, conveniences, jetties, wharves, or landing property. stages, and in or of anything appurtenant thereto, shall be vested in the Commissioner." 15. Section twenty-four of the Principal Act is Amendment amended, as follows ;_ of s. 24. In the said section, after the word" developmental," the words" secondary, mining access" are added; and after the words "tourist road " the words " or tourist track " are added. 16. Section twenty-seven of the Principal Act is Amendment amended, as follows ;_ of s. 27. In the said section, after the word " developmental," the words" secondary, mining access" are added; and after the words "tourist road" the words" or tourist track" are added. 17. Section twenty-eight of the Principal Act is Amendment amended, as follows ;_ of s. 28. (a) In paragraph (a), after the word" main," the words "developmental, secondary, mining access" are added; and after the words "tourist roads " the words " tourist tracks" are added.

15122 ROADS. Main ROIalds Acts Amendment Act. 25 GEO. V. No. 36, (b) Paragraph (b) is deleted and the following inserted in lieu thereof :- " (b) All amounts paid by Local Authorities towards the cost of maintenance incurred by the Commissioner and charged against Local Authorities as hereinafter provided." (c) In paragraph (j) the words "main road" are repealed and the words "State highway, main, developmental, secondary, mining access, or tourist road, or tourist track " are inserted. Amendment 18. Section twenty-nine of the Principal Act is of s. 29. amended, as follows : - (a) Paragraphs (c), (d), and (e) are repealed and the following paragraph is inserted in lieu thereof:- "(c) Towards the payment to the Treasury half- yearly of such sums as will pay interest and redemption on all amounts appropriated by Parliament from loan funds and credited to the Fund for the purposes of this Act less the amounts of interest and redemption payable by Local Authorities in accordance with this Act on account of permanent works carried out under this Act, and less any amounts of interest and redemption remitted or to be remitted under any Act which is now (at the passing of *" The Main Roads Acts Amendment Act of 1934 ")or may here- after be in force: Provided that where any capital amounts are repaid by any Local Authority on account of permanent works under this Act in excess of the rate at which repayments are required to be made under this Act, the same amount shall be payable out of the Fund as if such repayment had been made at the rate required by this Act. The rate of interest aforesaid shall be as fixed by the Treasurer, and the period of redemption for any such sums aforesaid shall be thirty years from the first day of January following the financial year in which such loan was paid out of the Fund for the purposes of this Act. - - -- - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ * This Act.

1934. ROADS. lJla,in Roads Acts Arnendrnent Act. 15123 For the purposes of redemption of each such amount of loan aforesaid, the balance of the half-yearly payments herein required to be made, after deducting the amount of interest payable, shall be credited half-yearly against the amount of loan indebtedness." (b) Paragraph (f) is relettered " (d)." 19. Section thirty-two of the Principal Act is Amendment amended, as follows:- of s. 32. In subsection one, before the word "main," the words "State highways" are added; after the word " main" the words" developmental, secondary, mining access " are inserted; and after the words "tourist roads" the words " or tourist tracks " are added. 20. Section thirty-three of the Principal Act is Repeal of repealed and the following new section thirty-three I.S sa. n3d3n. ew inserted in lieu thereof:- "[33.] (1.) The Commissioner shall after the close Commis- of each financial year determine the amounts· to be ~ ~~~ ~~~ e charged to each Local Authority on account of benefits amounts to from expenditure on permanent works and maintenance ~ ~ ec! ' ~ L! al carried out under this Act during the financial year Authority. ending on the previous thirtieth day of June. For such purpose any sums expended on permaneut works during such financial year shall bear interest at a rate to be fixed by the Treasurer from the dates respectively on which the moneys comprising such sums were paid out of the Fund in respect of such permanent works until the thirty-first day of December following the close of such financial year, and the amount of such interest shall be added to and be deemed to be part of the amount so expended on permanent works. An Area may be benefited by expenditure on permanent works and maintenance, although such permanent works and the State highways, main, developmental, tourist, or secondary 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 highways, main, developmental, tourist, or secondary roads, will in the opinion of the Commissioner pass over, a State highway, main, developmental, tourist, or secondary road on which such expenditure has been made. ~

15124 ROADS. Main Roaids Acts Amendmenrt Act. 25 GEO. V. No. 36, a D timo et no e u r o m nft i s n t a o - each (2L.) ocIanl dAetuetrhmoirniitnyg utnhdeear msouubnstescttioonbeonceharogfedthtios be charged. section, the Commissioner shall take into account the following :- (a) A Local Authority in whose Area a State highway or portion thereof is situated shall not incur any liability on account of permanent works constructed on such highway. (b) The amount to be charged to any Local Authority on account of being benefited by the construction of permanent works on a main road shall not exceed one-fifth of the total cost of such permanent works. (c) The amount charged to any Local Authority on account of being benefited by the construc- tion of permanent works on a developmental road shall not exceed one-fifth of the interest payable upon the total cost of construction of such permanent works for a period of twenty years, and such rate of interest shall be fixed by the Treasurer but shall not exceed the rate charged to Local Authorities as interest on ordinary loans at the time when the works were executed. (d) The amount to be charged to any Local Authority on account of being benefited by the construction of permanent works on a secondary road shall not exceed one-half of the total cost of such permanent works. (e) A Local Authority in whose Area a mining access road is situated shall not incur any liability on account ef permanent works constructed on such road: provided that if the works constructed or maintained on such road confer benefits in addition to providing access for mining, the Commissioner may determine an amount to be charged to any Local Authority benefited on account of permanent works and maintenance as if such road were a main road under this Act. (j) A Local Authority in whose Area a tourist track is situated shall not incur any liability on account of permanent works constructed upon such track.

1934. ROADS. Main Roads Acts Amendment Aet. (g) The amount to be charged to any Local Authority on account of being benefited by maintenance works on any State highway, main, developmental, or secondary road shall not exceed one-half of the cost of such main- tenance works, and in the case of tourist roads the amount to be charged shall be as agreed under the provisions of the Act. Except as provided under paragraph (e) of this subsection no amount shall be charged to any Local Authority on account of main- tenance carried out on any mining access road or tourist track. (h) The amount to be charged to any Local Authority on account of permanent works and maintenance on any tourist road shall be as agreed between the Commissioner and the Local Authority concerned, and for such purposes the Commissioner, with the approval of the Governor in Council, may make an agreement with any Local Authority before the commencement of construction of any tourist road as to the amount (if any) to be charged to such Local Authority under the Act, on account of being benefited by the construction of permanent works and/or maintenance on such road. Such agreement may also contain any provisions, conditions, and stipulations relating to the liability of the Local Authority, the terms of any repayments, or generally as may be considered necessary and desirable in the circumstances. Any agreement under this provision shall have the force of law and be observed. vVhere the designation of any road under this Act is changed as provided in this Act, the designation of the road at the end of the financial year preceding the date of the Commissioner's determination aforesaid shall be regarded as the designation of the road throughout the financial year for the purposes of ascertaining the amount to be charged to any Local Authority on account of permanent works and maintenance on sHch road: Provided that if the designation of a road is changed, no greater amount shall be charged to a Local Authority 15125

15126 ROADS. Main Roads Acts Amendment Act. 25 GEO. V. No. 36, on account of permanent works or maintenance carried out on such road than would have been chargeable if the designation of such road had not been changed. Power of (3.) (a) Notwithstanding anything in this section sCioomnemr, isw- ith contained, the Commissioner may, with the approval of approval of the Governor in Council, reduce the amounts (if any) to GCoouvnecrinlo, rtoin be charged to any Local Authority as herein before reduce provided- amounts chargeable (i.) In respect of permanent works where the to a Local Authority. Local Authority concerned has incurred an annual liability in respect of permanent works under this Act in excess of one penny in the pound on the unimproved value of the land within the Area of such Local Authority. (ii.) In respect of maintenance where the Local Authority concerned has incurred an annual liability in respect of maintenance under this Act in excess of one penny in the pound on the unimproved value of the hnd within the Area of such Local Authority. (iii.) In respect of permanent works and/or maintenance on experimental road sections to determine the suitableness or otherwise of any particular class of road construction. (iv.) In respect of maintenance on any State highway, main, developmental, or secondary road where it is proved to the satisfaction of the Commissioner that the cost of maintenance is excessive or that such cost is due to motor traffic not of local origin or to timber traffic. (v). In respect of permanent works and mainten- ance carried out on a road constructed under this Act through undeveloped country with a view to opening up communication to the extent of part or the whole of such sums so expended. . (b) In any case where a Local Authority has incurred an annual liability on account of the cost of permanent works on roads constructed under this Act in excess of two pence in the pound on the unimproved value of the land within the Area of such Local Authority, the Commissioner, with the approval of the Governor in

ROADS. 1934. Marin Roads Acts Amendment Act. Council, may reduce the amounts charged under this Act in previous years in respect of permanent works on roads constructed through undeveloped ,country for the purpose of opening up communication. (c) 'Where amounts have been expended on permanent works and/or maintenance on a road constructed under this Act with a view to opening up areas of land for settlement, the Commissioner, with the approval of the Governor in Council, may relieve the Local Authority for a period not exceeding ten years of payments of any amounts which have been or would be ordinarily charged under this Act to such Local Authority. In any such case there shall be paid to the Treasury from the Fund annually during the period over which such relief is granted the amount which but for such relief would be payable by the Local Authority, and at the expiration of the period aforesaid such payments shall be resumed by the Local Authority until the expiration of the period over which repayments are required to be made for such works as hereinafter provided. (d) In any case where a Local Authority has incurred an annual liability on account of the cost of permanent works on a road constructed under this Act, the Commissioner may reduce the amounts charged in previous years in respect of such permanent works if, in his opinion- (i.) The industries in the district served by such road have seriously declined; or (ii.) Tourist traffic not of local origin derives considerable benefit from such road. Such reduction aforesaid may be extended by the Commissioner for such period and to such amounts as the Commissioner, with the approval of the Governor in Council, may decide. (e) Where under this section the Commissioner has reduced the amount payable by any Local Authority under this Act, the Commissioner, with the approval of the Governor in Council, may direct that the rating on properties affected by any particular road shall be reduced to the extent of the whole or a part of the reduction aforesaid, and if a Local Authority fails or 15127

15128 ROADS. Main Roads Acts Amendment Act. 25 GEO. V. No. 36, neglects to comply with the Commissioner's direction in this matter the reduction aforesaid may be cancelled by the Commissioner. et) Where a Local Authority has completely repaid its liability to the Treasury before the expiration of the period over which payments are required to be made as hereinafter provided on account of such liability, it shall be competent for the Commissioner to continue to grant the relief as provided herein in the same manner and for the same period as if such complete repayment had not been made. (g) In exercising the powers conferred by this subsection the Commissioner shall take into account the revenue, valuation, and rating of the Local Authority concerned, and also its financial obligations on account of loan expenditure for permanent works under this Act. C: omm~ - (4.) Before the twentieth day of September following ~ ~ ~ 1; LOocal the date of determination by the Commissioner as ~ uthoritYt f aforesaid, the Commissioner shall serve a notice on each a In mroeuspnetcto 0 L oca1 Authon· ty·In respect 0 f wh· lC h an amount to be be charged. charged has been determined by the Commissioner on account of benefits from permanent works and mainten- ance carried out under this Act during the financial year ending on the previous thirtieth day of June. Such notice shaH state- (a) The permanent works and maintenance, each separately stated, from which the Area is deemed to have benefited and the amount expended thereon. (b) The proportion of the amount expended on the said permanent works and maintenance, each separately stated, which it is proposed to charge to the Local Authority of the Area benefited. (c) The annual amount which the Local Authority of the Area benefited must pay on account of the amount charged as herein provided. (d) vVhere an amount to be charged is apportioned between two or more Areas at other than a uniform rate, the reasons for such variation.

1934. ROADS. ~ ~ ~ - . - . - ~ - . ~ - - - - - ~ - Main Roads Acts Amendm~ en, t Act. 15129 The notice herein provided to be served shall fix a day not less than sixty days from the date of service of the notice up to which objections to the proposed charges -will be received. (5.) The Commissioner shall consider all such Objections dobe t jeecrmtioI . nnas . t,lOnanadccoirfdm' dge1ye.meIdn dsnoeceo' smsagr,yhe ammaeyndchargheistAoo f u bLte1 lO oc r a l .lt y an amount against a Local Authority not previously considered. charged (in which case, however, such Local Authority must first be notified and given an opportunity to object) and he may cancel a charge already made against another Local Authority. The decision of the Commissioner as to the amount each Local Authority shall pay in respect of permanent works and of maintenance shall, upon confirmation by the Governor in Council, be final and conclusive and without appeal to any tribunal whatsoever." 21. A new section (33A) is inserted after section New s. 33A, thirty-three of the Principal Act, as follows ;- "[33A,] (1.) The amount charged to a LocalAmount A U thon' ty on account 0 f permanent works on maI'n, achLaorgceadl to secondary, and tourist roads under this section shall, Authority not W'It, h S t andl' ng anyth'mg conta'Ined'In any 0 ther Act, be atolboeadne. emed- 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 Treasurer (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 January next ensuing after the charging of such amount; and a Special Loan Rate shall from time to time be levied by the Local Authority accordingly under the Local Authorities Acts to meet the instalments of principal and interest payable from time to time in respect thereof. (2.) The amount of any interest payments charged Interest to any Local Authority on account of permanent works payments. carried out on a developmental road shall be paid by the Local Authority concerned to the Treasury at the same time as payments in respect of other permanent works charged under this Act are required to be made,

15130 ROADS. Main Roa'ds Acts Amendme·nt Act. 25 GEO. V. No. 36, When t t (3.) The amount charged to any Local Authority in pthaeymFuennd SrOespect 0 f mam. t enance determm. ed under the preceding sha11 be section shall be paid by the Local Authority to the Fund ma e. at a date not later than the thirtieth day of June in the year next succeeding the year in which such charge is made: provided that when in the opinion of the Commissioner a Local Authority has been benefited by the carrying out of maintenance works of a more extensive nature, in the opinion of the Commissioner, than ordinary annual maintenance, the Commissioner may allow the charges made against the Local Authority on account of benefiting from such maintenance to be paid by the Local Authority over such period as may be fixed by the Commissioner, with the approval of the Governor in Council, not exceeding ten years, together with interest on such amounts at the rate fixed by the Treasurer in respect of repayment on permanent works as hereinbefore provided. Parsotoviwsioehnr e ( • 4.) Where several Local Authorities. are liable to several Local contrIbute towards an amount expended pursuant to A a u r t e ~ l o I r a i b t l i e e t s o this Act on any permanent works or maintenance- contribute. (a) The Commissioner may, in any case in which the works are not completed, postpone the determination of the amonnt to be charged in respect of such works until the works are 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 December of the year in which such determination is made 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 accordingly. (5.) For the purpose of carrying out additional maintenance work the Commissioner may approve of the expenditure by any Local Authority from its own funds of amounts in excess of the amounts allocated by the Commissioner for expenditure on maintenance work: Provided that such additional maintenance work. shall be carried out with the approval of the Commissioner and upon sections or at places approved by him."

ROADS. 15131 1934. Main Roads Acts Amendment Act. 22. A new section (33B) is inserted after section New s. 33B. 33A of the Principal Act, as follows : - "[33B.] {1.) In any case where the Area of a Local Case of Area Authority is divided into divisions, the Local Authority ~ u~ ~ ~ : tty thereof may decide that the repayments due on account d~ v~ d. ed into of WOI' k s const ruct ed or maI.nta'Ined under thI' S Act dIVIS . IOns. shall be payable by the ratepayers of the division or divisions in which the works were constructed or maintained, or if not so constructed or maintained therein which. has or have become benefited by such construction or maintenance, in which case a Special Rate so to be levied shall be a Separate Rate levied in and for such division or divisions: Provided that such Local Authority may from time to time decide that the rate to be levied upon the ratepayers in such division or divisions shall not be equal, and in such case may prescribe a rate in respect of the lands of some of such ratepayers and another rate or other rates in respect of the lands of others of such ratepayers in the division or divisions concerned. (2.) In case of any Area, whether divided into Benefited divisions or not so divided, the Local Authority may ~ ~~ ~ rising recommend to the Minister that a benefited Area be part of Area. declared comprising any part of the Area, and that the rate to be levied npon the ratepayers in such benefited Area shall not be equal but that a rate shall be prescribed in respect to the lands of some of such ratepayers and another rate or other rates in respect to the lands of others of such ratepayers. The Minister may if he thinks fit disallow such recommendation or confirm such recommendation and declare a benefited Area in accordance with the terms thereof, or vary such recommendation and declare a benefited Area in accordance with the terms of such recommendation as so varied. (3.) (a.) Except as hereinafter provided, where a Furt~ ~r benefited Area has been declared under this Act, such f~ b:~ ~ ~r: ~s benefited Area shall remain a benefited Area for the Areas. works in respect of which it was declared, and shall also remain a benefited Area with respect to future works within the same benefited Area, and the Special Rate to be levied shall be a Separate Rate levied in and for such benefited Area:

15132 ROADS. Main Roaids Acts AmendmC'1t,t Act. 25 GEO. V. No. 36, (b)lProvided that where in any case a Local Authority has under this Act declared a benefited Area or Areas, it may from time to time- (i.) With the approval of the Minister consolidate such benefited Areas into one or more Areas, and may in like manner abolish any or all such benefited Area or Areas. In any such case the Local Authority shall recommend to the Minister the percentage of the total amount payable by such Local Authority in respect of permanent works and maintenance carried out under this Act which shall be payable by each division of such Local Authority, and the Minister may approve, disallow, or vary any such recommendation, and the terms and recommendation so approved or varied shall apply accordingly. In every such case the rating within any division shall be equal; or (ii.) Recommend to the Minister that any such benefited Area be altered by excluding land previously included therein and/or including land not previously included therein. At the same time the Local Authority shall recommend to the Minister any rearrangement it considers necessary in the distribution of the annual amount payable by such Local Authority in respect of permanent works and maintenance under this Act as between the parts of the original benefited Area and the benefited Areas as altered. The Minister may approve of such recommendation, or djsallow or vary such recommendation, and such recommendation when so approved or varied shall be published in the Gazette and the alteration shall be deemed to date from the succeeding first day of January. ~~ : ' : ~ e~ fas (4.) (a) 'Vhen the M.inister has declared a benefited to benefited Area under this Act he ;shall have full power and authority Actreeclaaraenodthtoer to var J v or abolish any • such Area and to declare another Area. Area or other Areas III lieu thereof. In such case the Local Authority within whose Area such benefited Area

ROADS. 15133 1934. ~ Main Roads Acts Amendment Act. lies shall submit to the Minister at his request its recommendation as to any rearrangement it considers necessary in the distribution of the annual amount payable by such Local Authority in respect of permanent works and maintenance under this Act as between the parts of the original benefited Area and the benefited Area as altered. (b) The Minister may approve of such recommenda- tion or disallow or vary such recommendation, and such recommendation when so approved or varied shall be published in the Gazette and the alteration shall be deemed to date from the succeeding first day of January. (5.) When any ben.efited Area is altered as aforesaid Altered the altered benefited Area shall be deemed to be the ~ ~ ~ : fi; zte benefited Area under and for the purposes of this the benefited Act. Area. (6.) (a) Any decision of a Local Authority relating Decision of to the declaration, alteration, or abolition of a benefited ~ o~ ~ l . Area or the rating to be levied in any such benefited U orIty. Area shall be made only after notice of intention to make such decision has been given at a meeting prior to that at which such decision is made. (b) Any such decision shall be effective from the When succeeding first day of January. decisi?n effectIve. (7.) (a) Where no benefited Area is declared by a Case of no Local Authority as herein provided, the amount charged ~ enefited against such Local Authority shall be borne by the whole rea. Local Authority Area and shall be payable accordingly. (b) Where the Commissioner exercises his power to Effect of reduce the annual amount payable by any Local Authority r~ ductio~ in respect of permanent works under this Act, and such ~m~~~~a Local Authority contains a benefited Area wherein the payafle by rating is equal to or in excess of one penny in the pound ~~~~ority. on the unimproved value of the rateable land within the Area, such reduction by the Commissioner shall be extended by the Local Authority concerned to r~ duce the rating within such benefited Area as may be directed by the Commissioner, and where any Local Authority fails or neglects to comply with such direction aforesaid the Commissioner may cancel any reduction previously granted to such Local Authority in the amounts which may be charged in respect of permanent works under this Act.

15134 ROADS. Main Roads Acts Amendmen,t Act. 25 GEO. V. No. 36, (c) Where mOle than one benefited Area exists within the Area wherein the rating is equal to or in excess of one penny in the pound on the unimproved value of the rateable land within the Area on account of repayments in respect of permanent works, any such reduction aforesaid shall be extended to such benefited Areas in proportion to the anIlual amounts contributed by such benefited Areas, and the powers of the Commissioner to give directions as to the manner in which such reduction shall be extended shall apply accordingly. (d) 'Vhere no benefited Area exists within the Area the Commissioner may direct that any such reduction be extended by the Local Authority in reduction of the rates of properties served by any particular road. (e) The extension of the reduction granted by the Commissioner to any benefited Area as herein required shall continue only until the rating in such benefited Area on account of permanent works and maintenance under this Act becomes equal to the rating in the whole Area, on account of permanent works and maintenance under this Act." A of m s. en3d5m. ent amen2d3e.d bSyecitniosenrtitnhgirbtye-ffoirveethoefwothrde " Pmrianicnip"atlheAwcot rdiss "State highways"; and after the word "develop- mental" the words" secondary, mining access." Amendment 24. In subsection three of section thirty-eight of of s. 38. the Principal Act, after the word " developmental," the words "secondary, mining access" are inserted; and after the words "touriRt road" the words "or tourist track " are inserted. Amendment 25. In section thirty-nine of the Principal Act, of s. 39. after the word" developmental," the words" secondary, mining access" are added; and after the words "tourist roads" the words "or tourist tracks" are inserted. Amendmeni of s. 41. 26. In section forty-one of the Principal Act, after the word " developmental," the words "secondary, mining access" are added; and after the words "tourist roads" the words "or tourist tra cks" are inserted.

ROADS. ~ - - - --- - 1934. Main Roads Acts Ame·ndimen,t Act. - - ~ ------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 15135 27. The Schedule of the Principal Act is amended, Amendments as follows:- of Schedule. (a) In clauses one, two, nineteen, twenty, Amendment twenty-one, twenty-six, and thirty.-three, before o 19 f , ( 2 )c 0 . ,211, 2, , 26, the word "main," wherever it occurs, the words and 33. "State highways" are inserted; after the word " developmental," wherever it occurs, the words "secondary, mining access" are inserted; and after the words "tourist roads" the words "or tourist tracks " are inserted. (b) In clauses three, four, five, SIX, seven, eight, Amendment nI.ne, ten, Ie event, we1ve, th' II' t een, four teen, ' SIXt een, 1 o 6 f , cc1. 73, t 1 o 8, 14, seventeen, eighteen, twenty-two, twenty-three, 22'd2;, 24, twenty-four, and thirty-one, before the word an l. " main," wherever it occurs, the words" State highway" are inserted; also after the word "developmental," wherever it occurs, the words "secondary, mining access" are inserted; and after the words "tourist road " the words " or tourist track " are inserted. (c) In clause thirty-four, all words from "tourist Amendment roads" to "Local Authority," in the first paragraph of c. 34. thereof, are repealed, and the words" any road under this Act (including a ~ State highway, main, develop- mental, secondary, mining access, or tourist road, or tourist track)" are inserted in lieu thereof; and in the last paragraph all words after the words "as tolls" are repealed, and in lieu thereof the following words are inserted: "being credited to the Main Roads Fund to be applied after deducting the costs of collection for the purpose of providing relief to Local Authorities." ' (d) A new clause (thirty-six) IS added to the said New c. 36. Schedule, namely:- " 36. Providing for the impounding by employees of the Commissioner of animals found on any State highway, main, developmental, secondary, mining access, or tourist road in any pound established under the Local Authorities Acts ; the establishment of pounds where no Local Authority pound exists, and the application to the Commissioner of all powers of a Local Authority in respect of impounding."

15136 ROADS. Main Roads Acts Amendment Act. 25 GEO. V. No. 36, 1934. New c. 37. New c. 38. (e) A new clause (thirty-seven) is added to the said Schedule, namely:- " 37. Providing for the erection by the Commissioner of grids on any State highway, main, developmental, secondary, mining access, or tourist road; the granting of permits by the Commissioner enabling private persons to erect tramways and grids or continue the existence of tramways and grids erected by such persons on any State highway, main, developmental, . secondary, mining access, or tourist road." (f) A new clause (thirty-eight) is added to the said Schedule, namely:- " 38. Providing for the levying of tolls and charges for the uset(of any building, jetty, wharf, or landing stage constructed for the convenience of tourists; providing for the regulation of such use." ROMA TOWN COUNCIL RATES AND OVERDRAFT VALIDATION. See LOCAL AUTHORITIES. RURAL ASSISTANCE BOARD. See BANKS (2). SALARms, PUBLIC SERVICE. See LABOUR (2). SANDALWOOD. See LANDS, CROWN (3). SECRET COMMISSIONS. See DAIRY PRODUCE. SEWERAGE RATES AND CHARGES. See LOCAL AUTHORITIES. SINKING FUNDS, CITY OF BRISBANE. See LOCAL AUTHORITIES. SOLDIER SETTLEMENT. See COMMONWEALTH AND STATES. SOLDIER SETTLEMENT, DISCHARGED, See LANDS, CROWN (I).