Main Roads Acts Amendment Act of 1939 (3 Geo Vi No. 20) (Qld)

ROADS. 3 GEO. VI. No. 20, 1939. Main Roads Acts Amendment Act. 17733 ROADS. An Act to Amend "The Main Roads Acts, 1920 to 3 N G o E . O. 20 V . I. 1934," in certain particulars, and for other M T A H I E N ROADS purposes. ACTS AMENDMEN'r ACT OF [ASSENTED TO 1ST DECEMBER, 1939.] 19'39. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Main Road8 Short title. Act8 Amendment Act of 1939," and shall be read as one with *" The Main Road8Act8, 1920to1934," herein referred to as the Principal Act. The Principal Act and this Act may be collectively Collective cited as " The Main Road8Act8, 1920to1939." title. Amendment8 of the Principal Act. 2. Section two of the Principal Act is amended as Amendment follows :_ of s. 2. (a) The following definition is inserted after the definition" Authorised officer," namely:- " " Building "-.Includes any fixed structure which Building. is either wholly or in part enclosed 'by walls and/or which is wholly or partly roofed." (b) The following definitions are inserted after the definition" Commissioner," namely:- " " Co-ordinator - General" - The Co-ordinator- Co,ordinator General of Public Works within the meaning Genere,l. of t" The State Development and Public Work8 Organisation Act of 1938 " ; " Cycle track "-Any cycle track declared to be Cycle a cycle track under this Act or any part of track. such cycle track." * 10 Geo. V. No. 26 and amending Acts, 8upra, pages 9265 et 8eq. t 2 Geo. VI. No. 3, 8upra, page 17365.

17734 ROADS. Main Roads Ac.ts Amendment Act. 3 GEO. VI. No. 20, (c) The following definition is inserted after the definition" Newspaper," namely;- Obstruction. " " Obstruction "-Includes any tramway, drain, gutter, hedge, ditch, embankment, cutting, erection, bridge, fence, gate, pole, hole, heap, or rubbish or any other matter or thing whatsoever not being a building as herein defined." (d) The definition "Road" is repealed and the following definition is inserted in lieu thereof, namely ;- Road. " " Road "-Any road, whether surveyed or unsurveyed, dedicated to public use as a road and any track used by the public as a road through any vacant Crown land, any pastoral holding, or any reserve, the boundaries of such track not being defined by survey and the area occupied by such track not being especially dedicated for public use as a road; the term also includes bridge, culvert, ferry, and ford." Amendment of s. 12. 3. Section twelve of the Principal Act is amended by adding after the word "footways" wherever it occurs the words " or cycle tracks." Section twelve of the Principal Act as hereby amended is renumbered subsection one of section twelve and is further amended by the addition thereto of the following -subsections ;- . Authority "(2.) The Commissioner may from time to time ~~~ ~~~ s on, recommend to the Governor in Council the erection, on iancrroosasd, so. r saeccroosnsdaorry, inmianniyngStaactceeshsighowr atyo, umrisatin,rodaedv, eloorpmtoeunrtiaslt, track or part thereof, of any building, and the Governor in Council may by Order in Council approve of the same and the necessary works may thereupon be carried out by the Commissioner or by some person authorised by him on such terms and conditions as the Commissioner may determine. Aotobusetthrreoucrctittiyon of th(e3.G) oTvheernCoorminmCisosiuonnceilr, mfraoym stuimbjeecttototimthee aauptphroorvisael o on r , in ac r r o o a s d s s , . pornohsuibciht ttheermmsakainndg ocor nedreitcitoinosn aosr chaeussienegs ofritcoonr thineuamnacye or use of any obstruction on across or in any State

1939. ROADS. Main Roads Acts Amendment Act. 17735 highway main developmental secondary mining access or tourist road or tourist track and any such authority or prohibition shall have full force and effect and be forthwith implemented. (4.) Nothing contained in any other Act or law, or rule or process or practice of law, or judgment of any court of competent jurisdiction, shall prejudice or limit the operation and effect of any provision of subsection two or subsection three of this section or of any Order in Council made or purporting to be made under the said subsection two." 4. Subsection five of section thirteen of the Principal Amendment Act is amended as follows; _ of s. 13. (a) The words " a new" are repealed and the word " any" is inserted in lieu thereof. (b) The words "a Crown or forestry reserve" are repealed and the words "any Crown reserve, State forest, timber reserve, pastoral holding, or vacant Crown land" I1re inserted in lieu thereof. (c) The following paragraph is added to the said subsection five, namely ; - " Provided that in the case of a pastoral holding, 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 centre line of the road or track in use until such time as the surveyed centre line is made trafficable." 5. (1.) Section nineteen of the Principal Act is Repeal of repealed and the following section numbered nineteen anfgnew is inserted in lieu thereof :__ B. • "[19.J (1.) The Governor in Council may authorise Roads to the Commissioner to construct a road connecting a new : : ~ lements. settlement or mining area or any other large area of Crown land to be opened for settlement with a centre of population or a railway station or a seaport and/or to construct any subsidiary road in any area already opened for settlement and still in the process of develop- ment and the Commissioner shall thereupon construct such road out of money provided by Parliament for tliat purpose. Any moneys so provided shall be paid into the Main Roads Fund and when so paid such amounts

17736 ROADS. Main Roads Ac.ts Amendment Act. 3 GEO. VI. No. 20, shall be disbursed out of such Fund in like manner" as other moneys in such Fund are disbursed. This section shall not apply to any works upon a State highway, main, developmental, secondary, mining access, or tourist road under this Act or to any Local Authority road work for the purposes of which a loan is obtained from or guaranteed by the Treasurer. (2.) Application for road works of this nature shall be made by any Local Authority, Government Department, or instrumentality representing the Crown before the first day of March in any year to the Minister who shall refer all such applications to the Co-ordinator- General for report. (3.) The Co-ordinator-General shall examine any such application and shall recommend to the Governor in Council whether he considers same should be approved or not. If the Co-ordinator-General recommends the approval of the application and the Governor in Council adopts such recommendation then the Minister may direct the Commissioner to construct such works or authorise a constructing authority to construct same under the supervision of the Commissioner. For the purpose of this section the term " construct- ing authority" shall mean any Local Authority, Government Department, or instrumentality representing the Crown. (4.) The Commissioner may, with the consent of the Secretary for Public Lands, employ the Public Estate Improvement Branch of the Department of Public Lands to carry out any such work. (5.) If any road constructed under the provisions of this section is thereafter proclaimed a State highway or main or developmental or secondary or mining access or tourist road under this Act the maintenance thereof 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 the maintenance thereof shall be under the control of the Local Authority or Local Authorities of tlie area in which such road is situated as from the date upon which the Commissioner by notice in writing to

1939. ROADS . • Main Roads Acts Amendment Act. 17737 such Local Authority or Local Authorities shall determine, and all such maintenance shall be carried out to the satisfaction of the Commissioner: Provided that if Parliament appropriates any moneys in any year for the purpose of assisting in the maintenance of such roads, the Co-ordinator-General may, in his discretion, apply any part of the moneys so appropriated in assisting any Local Authority in maintaining any such road. (6.) If any Local Authority should fail to maintain to the satisfaction of the Commissioner any road constructed under this section the Commissioner shall, by notice in writing, direct the Local Authority to carry out, within the period set forth in such notice, such works of maintenance as are specified in such notice. (7.) If any such Local Authority fails or neglects to comply with any such notice the Commissioner may carry out such works. Any expenses incurred by the Commissioner in carrying out such works shall be repaid by the Local Authority to the Commissioner and if not repaid within three months after demand by the Commissioner shall be deemed to be 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. (8.) Before the commencement of any work under this section the Commissioner shall notify to any Local Authority benefiting by such work the proportion, not exceeding one-half, of the total cost of the work that such Local Authority shall be required to repay and the date from and the period during which such repayment . shall be made. In making his decision as to the proportion which any such Local Authority shall be required to repay the Commissioner shall take into account amongst other considerations- (a) Whether or not the road is likely to become of sufficient importance to be declared a main or secondary road;

17738 ROADS. • Main Roads Ac.ts Amendment Act. 3 GEO. VI. No. 20, (b) Whether or not the road is of special value to the Crown for the purpose of assisting forestry, land settlement, irrigation, or mining, or for the benefit of Crown property in addition to its local value. (9.) Such notice shall fix a day not less than sixty days from the date of service thereof as the day on or before which any objections to the proposed works and/or proportion of the total cost thereof which such Local Authority shall be required to repay will be received by the Commissioner. The Commissioner shall consider all such objections and may, if he deems necessary, amend his decision. If any Local Authority feels aggrieved by the Commissioner's ruling upon any objection so made it may within thirty days after notice of such ruling appeal to the Minister, who may vary or disallow the ruling given by the Commissioner. (10.) Before the twentieth day of September in each year the Commissioner shall notify to each Local Authority the amount of its share of the expenditure incurred in respect of works under this section during the financial year ended on the last preceding thirtieth day of June. The amount so charged shall bear interest at a rate to 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 be a loan for the period as decided upon advanced on the first day of January next ensuing after the charging of such amount or, when the date from which repayment of such amount shall be made is deferred, on the first day of January of the year in which repayment is to commence. . The period for repayment of such amount together with interest thereon shall in no case exceed thirty years. (11.) Interest on the amount charged to any Local Authority shall be charged during construction as provided in subsection one of section thirty-three of this Act. . Moreover if repayment of the amount charged to any Local Authority is deferred, interest at a rate to be fixed by the Treasurer on such amount shall be charged

1939. ROADS. Main Roads Acts Amendment Act. 17739 during the period occurring after the date when interest ceases to be payable as provided in the first paragraph of this subsection and before the first day of ..Tanuary of the year in which repayment is to commence. The amount of all interest charged under this subsection shall be added to and be deemed to be part of the amount to be repaid by the Local Authority. (12.) The provisions of section 26A of this Act shall apply where it is necessary for the Commissioner to resume land for the purpose of carrying out road works under this section." (2.) This section shall come into operation on a date Section 5 to t o b e proc 1 al · med by t h e G overnor I . n Councl '1 by cporomcmlaeinmceedon Proclamation published in the Gazette. date. 6. In section twenty-four of the Principal Act the Amendment words and figures *"" The Local Authorities Acts, 1902 of s. 24. to 1917 "-namely, sections 53, 54, 69, 85, 87, 88, 89, 90, 91, 92, 96, 97, 99, 100, 101, 102, 143, 396, 397, 398, 399, 400, 411, 412, 413, 416, 417, 418, and 426" are repealed and the words and figures t" " The Local Govern- ment Act of 1936 "-namely, sections 19 (1) (i.) (ii.) and (iii.), 19 (3), 31 (13), 32 (10), 32 (11), 32 (13), 35 (11) (i.) and (ii.), 35 (12) (i.) and (ii.), 35 (14), 35 (15), 35 (17), 35 (18), 35 (19), 35 (20), 35 (23), 50 (2) (ii.), 50 (8), 51 (1), 51 (2), 52 (1), 52 (2), 52 (3), 52 (7), 52 (9), 52 (10), 52 (11), 52 (12), 52 (13)," are inserted in lieu of such repealed words and figures, and, in addition, the words "section eighty-eight of the said Acts" are repealed and the words" subsection ,thirteen of section thirty-two of the said Act" are inserted in lieu of such repealed words. 7. The following new subsection five is added to Amendment section 26A of the Principal Act, namely:- of s. 26A. " (5.) Notwithstanding anything contained in any other Act, after the publication of an Order in Council as provided by section thirteen of this Act authorising the taking of any part or the whole of any land held under the provisions of t" The Mining Acts, 1898 to 1930," * 2 Edw. VII. No. 19 and amending Acts. Repealed by I Geo. VI. No. 1. t I Geo. VI. No. 1, 8upra, page 16035. :j: 62 Vie. No. 24 and amending Acts, 8upra, pages 2178 et 8eq.

17740 ROADS. Main Roads Ac.ts A mendment Act. 3 GEO. VI. No. 20, and/or *" The Miner8' Home8tead Lea8e8Act8, 1913to1939," or any Act or Acts amending or in substitution for such Acts or any of them, it shall be competent for the Commissioner to enter upon such land for the purpose of carrying out the works set out in such Order in Council after service of a notice upon the owner, lessee, and/or occupier of his intention so to enter, and the owner, lessee, and/or occupier shall be entitled to claim com- pensation in accordance with the provisions regarding the payment of compensation for the resumption of land as may be contained in the Act under which the land is held." Aohm.on3d3m. ent graph 8. (h T ) hoef sfoulblosewcitnigonptawroagoraf psehctiisonintsheirrtteyd- tahfrteeer opfatrbae- Principal Act, namely:- " Notwithstanding anything contained in this subsection a Local Authority may be charged with a portion not exceeding one-half of the cost of tree-planting on any State highway, main, developmental, secondary, or tourist road where such tree-planting forms part of a town or township beautification scheme." Amendment8 of the Schedule. ~~~dment8 9. The Schedule to the Principal Act is amended as Schedule. follows : - (a) The first three paragraphs of clause thirteen thereof (being the paragraphs commencing with the words "Defining motor vehicles" and ending with the words "not been paid ") are repealed and the following paragraphs are inserted in li(}u thereof, namely : - " Defining motor vehicles which definition may include any engine capable of propelling a motor vehicle or which has formed part of a motor vehicle. Requiring owners of motor vehicles to register them and renew the registration thereof. Prescribing the conditions to be complied with by applicants for registration or renewal of registration of motor vehicles including the weighing of such motor vehicles on weighbridges approved by the Commissioner or on instruments approved by the Commissioner for weighing vehicles. Authorising the Commissioner to inspect motor vehicles, prescribing the scope and method of inspection, and requiring owners to submit motor vehicles for inspection. * 4 Geo. V. No. 13 and amending Acts, supra, pages 5934 et Beq.

ROADS. 1939. Main Roads Acts Amendment Act. Empowering the Commissioner to refuse to register or renew the registration of any motor vehicle which does not comply with the requirements of the regulations. Empowering the Commissioner to cancel the registration or renewal of registration of a motor vehicle for non-compliance with the regulations. Requiring the owner of a motor vehicle the registration of which is cancelled to remove and destroy the registration label and to remove and destroy or return the number plate. Requiring owners to notify the sale of any unregistered motor vehicle. Fixing fees or rates for the registration or renewal of registration of motor vehicles, which fees or rates may vary according to class, horse-power, or otherwise: Provided that while any such fees or rates are prescribed to be paid, any by-laws of any Local Authority under which like fees or rates are made payable shall cease to have effect. Exempting certain vehicles or classes of vehicles from such fees or rates either wholly or to such extent as is deemed proper. Empowering the Commissioner to determine and fix the maximum load or number of persons or both which may be carried in or on any motor vehicle upon any road. Prohibiting the use upon any road (whether a State highway, main, developmental, secondary, mining access, or tourist road or tourist track or not) of any motor vehicle in respect of which the prescribed fee or rate has not been paid or which does not comply with the provisions of the regulations in any other respect. Defining dealers and prohibiting dealers from giving delivery of motor vehicles unless and until the provisions of the regulations regarding such motor vehicles have been complied with. Requiring dealers to be registered as such and to secure dealers' plates. Prescribing the conditions under which dealers may be registered and fixing the duties and responsibilities of dealers under the regulations. Requiring owners of motor vehicles which have never been registered or the registration of which has been cancelled to furnish information regarding such motor vehicles and to permit an authorised person to inspect and examine such motor vehicles at intervals until such motor vehicles are registered or broken up. Empowering members of the Police Force to enter private property for the purpose of carrying out such inspection or examination." 17741

'17742 ROADS. Main RoaiJ8 Acts Amendment Act. 3 GEO. VI. No. 20, 1939. (b) Clause twenty-three thereof if!! repealed and the following new clause twenty-three is inserted in lieu of such repealed clause, namely:- "23. Empowering the Commissioner, subject to the approval of the Governor in Council, to authorise regulate or .prohibit the making or erection or causing or continuance or use of any building or obstruction on across or in any State highway main developmental secondary mining access or tourist road or tourist track and empowering the Commissioner or any person authorised by him either generally or specifically in that behalf to order the removal of any building or obstruction made or erected on, across, or in any State highway, main, developmental, secondary, mining access, or tourist road or tourist track without the authority or permission of the Commissioner or in respect of which any authority or permission already granted has expired." (c) Clause thirty-six thereof is amended as follows:- (i.) Mter the words " employees of the Commissioner" the words " or of any Local Authority" are inserted; (ii.) The words "under the Local Authorities Acts" are repealed and the words "by a Local Authority" are inserted in lieu thereof; (iii.) The words" Local Authority pound exists" are repealed and the words " pound established by a Local Authority exists within a reasonable distance of a State highway, main, developmental, secondary, mining access, .or tourist road or tourist track" are inserted in lieu thereof. (d) The following new clause thirty-nine is added thereto, namely:- Traffic lines. "39. Providing for the painting or marking or otherwise delineating of lines or marks upon, on, along, or across the pavement or surface of any State highway, main, developmental, secondary mining access, or tourist road or tourist track, and for the regulation and control of traffic by means of such lines or marks."