Main Roads Acts Amendment Act of 1942 (6 Geo Vi No. 32) (Qld)

256 ROADS. Main Roads Acts Amendment Act. 6 GEO. VI. No. 32, ROADS. (1) Main Roads Acts Amendment Act of 1942 (2) Main Roads Acts Amendment Act of 1943 6 Geo. VI. No. 32 7 Geo. VI. No. 17 6 G N E o O . . 3 V 2. I. An Act to Amend "The Main Roads Acts, 1920 to THE MAIN ROADS ACTS 1939," in certain particulars, and for other AMENDMENT ACT OF 1942. purposes. [ASSENTED TO 4TH DECEMBER, 1942.] 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;- Short title 1. This Act may be cited as "The Main Roads and t . Acts Amendment Act of 1942," and shall be read as cons ructIOn. one with *" The Main Roads Acts, 1920 to 1939," herein referred to as the Principal Act. Collective The Principal Act and this Act may be collectively title. cited as "The Main Roads Acts, 1920 to 1942." Amendments of the Principal Act. Amendment 2. In section two of the Principal Act the word of s. 2. " grid" is inserted after the word " gate" in the definition " Obstruction." oAfm s e . n 1 d 3 m ( e 5 n ). t Princ 3 ip . aIln Ascutbstehcetiown ofridve "eoifthseecrt" ionwhtehrierteseunchofwothrde twice occurs is repealed and the word " each " is inserted in lieu thereof. Amendment 4. In section twenty-four of the Principal Act of s. 24. the word, figures, and brackets" (35) (11.) (i.) and (ii.) " are repealed. New s. 26B inserted. Liability for fencing new road. 5. The following section, numbered 26B, is inserted after section 26A of the Principal Act, namely;- "[26B.] (1.) Notwithstanding anything contained or implied in this Act or in any other Act or law, the Commissioner shall not be liable- (i.) To fence any road which he constructs or causes to be constructed through unenclosed land; or * 10 G. 5 No. 26 and amending Acts. See v. 8, pp. 307 et Beq.

1942. ROADS. Main Roads Acts Amendment Act. (ii.) When he constructs or alters or causes to be constructed or altered any road or deviati9n from a road, to fence or to cause to be fenced such road or deviation unless such road or, in the case of a deviation, the road from which such deviation was made, was sUbstantially fenced prior to the commencement of construction or alteration as the case may be. The Commissioner shall not be liable to pay compensation in respect of any fencing hereinbefore in this subsection mentioned. (2.) When a right of resumption for road purposes is reserved in the deed of grant, lease, or other instrument of the tenure of any land granted in fee-simple or otherwise demised by the Crown, and such right states the area of the reservation without defining the boundaries thereof, the Commissioner, if he requires any of such land for a road or deviation, may (notwithstanding that such land is enclosed) take so much of such land as does not exceed in area the area of such reservation without being liable for compensation or to fence the road or deviation for which he requires such resumption except that- (i.) If the resumption or any part of the resumption is "improved land" as defined in *" The Local Government Acts, 1936 to 1941," the Commissioner shall pay compensation equal to the value of the improvements; and (ii.) If the area of the resumption exceeds the area of the reservation, the Commissioner shall be liable for such compensation and fencing (additional to the compensation, if any, payable by him under paragraph (i.) of this subsection) as he would have been liable for if such excess area were the total resumption from such land. (3.) The Commissioner may upon or through any land (other than improved land as defined in *" The Local Government Acts, 1936 to 1941") adjoining any part of a road, or any bridge or ferry which the Commis- sioner proposes to make or repair or to have made or repaired, make or cause to be made a temporary road or * I G. 6 No. I and Amending Aots. See v. 5, pp. 826 et. seq. I 257

258 ROADS. Main Roads Acts Amendment Act. 6 GEO. VI. No. 32, 1942. bridge for use as a public highway whilst such first- mentioned road, bridge, or ferry is being made or repaired. The Commissioner shall pay compensation to the owners and occupiers of such land for any damages which they may thereby sustain. (4.) For the purpose of this section a road shall mean a State Highway, Main, developmental, secondary, mining access, or tourist road or tourist track, or other road being under the control of the Commissioner." New s. 260 inserted. Indemnity in respect of grids. 6. The following section, numbered 260, is inserted after section 26B of the Principal Act as previously inserted by this Act, namely :- "[260.] No owner, lessee or occupier of any land or other person whomsoever shall have any action, claim, or demand (and it is hereby declared that such owner, lessee, occupier, or person never had any action, claim, or demand) for damages or compensation or any otherright or remedywhatsoever against the Commissioner or any officer or employee of the Commissioner or any local authority acting under the authority of the Commissioner for or in respect of any damage, loss, or injury suffered or alleged to have been suffered by reason of any grid which the Commissioner has heretofore or may hereafter have erected or caused or permitted to be erected upon such land or upon or near the boundaries thereof, allowing or permitting or failing to prevent the incursion into or upon such land of any wild dog or dingo or of any other animal whatsoever. It is hereby declared that it is and always was unlawful for the Commissioner, his officers or servants or any person on his behalf to waive by agreement or by conduct or in any other manner whatsoever the benefit of any of the provisions of this section." New s. 29A inserted. Payments from Fund for war purposes. 7. The following section, numbered 29A, is inserted after section twenty-nine of the Principal Act, namely :- "[29A.] (1.) For the purpose of co-operating with and assisting the Government of the Commonwealth of Australia in the prosecution of the war and for purposes arising therefrom and incidental thereto, the Minister may authorise the payment from the Main Roads Fund from time to time of- (a) Salaries and/or wages of employees who are engaged wholly or partly on duties connected with; and

ROADS., 7 GEO. VI. No. 17, 1943. Main Roads Acts Amendment Act. 259 (b) Costs and/or expenses of administration arising from the prosecution of the war or purposes arising therefrom or incidental thereto. (2.) Such payments may be made whether the whole or any part thereof is to be reimbursed by the Government of the Commonwealth of Australia or not." 8. In clause twenty-three of the Schedule to the 7S~ « ! der Principal Act the words" Empowering the Commissioner, ~ l. 2~ . ue: subject to the approval of the Governor in Council, to authorise, regulate, or prohibit" are repealed and the words" Empowering the Commissioner to prohibit or, subject to the approval of the Governor- in Council, to authorise and/or regulate" are inserted in lieu of such repealed words. An Act to Amend "The Main Roads Acts, 1920 to 7 < & ~ ~ ' 1~ ~ ' 1942," in certain particulars. i~ ! D~ ~ TS AHIliNDIlIENT ACT OI!' 1943. [AsSENTED TO 29TH APRIL, 1943]. J) 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, 'tnd by the authority of the same, as follows : - 1. (1.) This Act may be cited as " The Main Roads Short title Acts Amendment Act of 1943," and shall be read as one ::struction with *" The Main· Roads Acts, 1920 to 1942,' ~ herein of Act. referred to as the Principal Act. (2.) The Principal Act and this Act may collectively C: ~ ~ ective be cited as " The Main Roads Acts, 1920 to 1943." tl e. Amendments of the Principal Act. 2. A new definition is inserted after the definition Amendment of " Employee" in section two of the Principal Act, as of s. 2. follows : - " "Farmers' Road "-Any road declared to be a Farmers' farmers' road under this Act, or any part of road. such road; " . * 10 G. 5 No. 26 and amending Acts. See v. 8, pp. 307 et aeq.