Main Roads Acts Amendment Act of 1943 (7 Geo Vi No. 17) (Qld)

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 ue: subject to the approval of the Governor in Council, to authorise, regulate, or prohibit" are repealed and the words" Empowering the Commissioner to prohibit or, subject to the approval of the Governor- in Council, to authorise and/or regulate" are inserted in lieu of such repealed words.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.

260 ROADS. Main Roads Acts Amendment Act. 7 GEO. VI. No. 17, Amendment 3. Subsection one of section eleven of the Principal ofs.11. Act is amended by inserting a new paragraph (h) after paragraph (g) thereof, as follows ; - Farmers' road. " (h) Any road which, in the opinion of the Com- missioner, is used generally or is likely to be used generally by farmers or primary producers for the purpose of conveying their produce from their farms to rail or market be declared a farmers' road." And paragraph (h) is re-numbered paragraph (i) accordingly. New s. 19A. 4. A new section (19A) is inserted after section nineteen of the Principal Act, as follows ; - Roads to Forestry Reserve. " [19A.] The Commissioner, with the approval of the Governor in Council, may construct roads in or leading to Forestry Reserves or other areas used or proposed to be used for forestry purposes or in or leading to Crown land, out of moneys provided by Parliament for that purpose. Any moneys so provided shall be paid into the Main Roads Fund, and when so paid, shall be disbursed out of such Fund, in like manner as other moneys in such Fund are disbursed. The Commissioner may out of any moneys provided for the purpose maintain any such roads so constructed." Amendment 5. Section 26B of the Principal Act is amended as of s. 26B. follows ;_ (a) Subsection two thereof is repealed and the following subsection is inserted in lieu thereof, namely ;- "(2.) Notwithstanding anything contained or implied in this Act or any of the provisions of *" The Public Works Land Resumption Acts, 1906 to 1940" or any other Act or law or rule or process of law in all cases in which a deed of grant whenever issued or a lease or other instrument of the tenure. of any land granted in fee-simple or otherwise demised by the Crown contains- (a) A reservation or reservations with respect to the land described or included in such deed of grant or lease or other instrument or of any part or parts of such land (and whether * 6 E. 7 No. 14 and amending Acts. See v. 9, pp. 1046 et seq.

1943. ROADS. Main Roads ActB Amendment Act. of a specified area or of a specified part or parts of the said land or generally without specifying any part of such land or area of such land) for making public ways, or canals, or railroads in or over or through the same or for any public purpose whatsoever; or (b) A reservation or reservations of all or any sand, or clay, or stone, or gravel, or indigenous timber or all or any other materials the natural produce of the said land which may be required for the construgtion and repair of any public ways, or bridges, or canals, or railroads, or any fences, or embank- ments, or dams, or sewers, or drains necessary for the same together with the right of taking and removing all or any such materials, and the Commissioner. takes or resumes the said land or any part or parts of the said land which is or are subject to any such reservation or reservations or takes any of the materials as aforesaid then the Commissioner may take or resume the said land or any part or parts thereof . as aforesaid or any of the materials as aforesaid without liability for payment of compensation or for fencing except that- (i.) If the land or the part or parts thereof taken or resumed by the Commissioner is or are " improved land" as defined in *" The Local Government Acts, 1936 to 1943," the Commis- sioner shall pay compensation equal to the value of the improvements actually made y fixed, erected or situated upon and of benefit to the land or part or parts of the land so taken or resumed; (ii.) (In any case where the area of the land the subject of any such reservation as aforesaid is specified by the deed of grant, lease or other instrument of the tenure thereof, and whether the part or parts of the said land containing or comprising such specified area is or are not specified by such deed of grant~ lease or other instrument) if the area taken or resumed is greater than the area so reserved or intended to be so reserved, the Commis- sioner shall be liable for such compensation * 1 G. 6 No. 1 and amending Acts. Se,e, v. 5, pp. 826 et 8eq. 261

262 ROADS. Main Roads Acts Amendment Act. 7 GEO. VI. No. 17, 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 whole of the land resumed or taken and the amount of such liability shall be calculated on the average value of the whole of the land resumed or taken; and (iii.) If the Commissioner takes and removes any such materials as aforesaid without taking or resuming the land or the part or parts of the land of which such material or materials is or are the natural produce,the Commis- sioner shall pay fo~ all damage done other than compensation or damage for any diminution in the unimproved value of the land or the part or parts of the land caused by such taking and removal." (b) In subsection four thereof the word " secondary" is repealed and the words "secondary or farmers' " are inserted in lieu thereof. New s. 29B. 6. A new section (29B) is inserted after section 29A of the Principal Act, as follows : - Investment "[29B.] Notwithstanding anything in this Act or in of surplus. any Act to the contrary contained, the Commissioner, with the approval of the Governor in Council from time to time, may from the balance standing to the credit of the Main Roads Fund invest such amounts as he thinks fit in any securities of, or guaranteed by, the Government of the Commonwealth or of the State, or in such other securities as the Treasurer may approve. Any such investments may be taken in the name of the Treasurer for and on behalf of the Majn Roads Fund and the proceedsthereof shall be paidinto such Fund. The provisions of this section shall apply and extend in respect of the investment in the Common- wealth loan by the Treasurer on behalf of the Main Roads Fund of the amount authorised to be diverted, during the financial year commencing on the first day of July, one thousand nine hundred and forty-two, from the said Fund to the Consolidated Revenue pursuant to *" The Main Roads Fund and Heavy Vehicles Road Fund Transfer Approval Act of 1935," and such action is hereby ratified and approved accordingly." * 26 G. 5 No. 8. See v. 8, p. 361.

ROADS. 263 1943. Main Road8 Acts Amendment Act. 7. Section thirty-three of the Principal Act is Amendment amended, as follows:- of s. 33. (i.) In paragraph (g) of subsection two the words " or secondary " are repealed and the words " secondary or farmers' " are inserted in lieu thereof. (ii.) Mter the second provision of paragraph (h) of subsection two the following new provision is inserted, namely:- "The amount to be charged to any Local Authority on account of being benefited by the construction of permanent works on a farmers' road shall not exceed one-half of the total cost of such permanent works." Verbal Amendments. 8. The following verbal amendments are made in Verbal the Principal Act :- = : ~ ~ - (1.) Section two is amended as follows : - Amendment (a) In the definition of "Maintenance" after the of s. 2 words "tourist track" wherever occurring the words " or farmers' road" are inserted. (b) In the definition of " Permanent improvement" after the word " track" where it twice occurs the words " or farmers' road" are inserted. (c) In the definition of " Permanent works" after the word "tracks" twice occurring the words "or farmers' roads" are inserted. (2.) Section nine is amended as follows : - Amendment (a) In paragraph (a) of subsection one after the ofs. 9. word " tourist" the words " or farmers' " are inserted. (b) In subsection three after the words "tourist road " thrice occurring the words " or farmers' road " are inserted, also after the words " tourist roads " the words " or farmers' roads" are inserted. (c) In subsection four after the words" tourist road' the words " or farmers' road" are inserted. (3.) Section ten is amended as follows:- Amendment (a) In subsection three after the words "tourist ofs. 10. road" thrice occurring the words "or farmers' road" are inserted. (b) In subsection five after the words" tourist road" twice occurring the words" or farmers' road" are inserted.

264 ROADS. Main Roads Acts Amendment Act. 7 GEO. VI. No. 17, Amendment (4.) Section eleven of the Principal Act is amended of s. H. as follows :_ (a) In paragraph (d) of subsection one after the words "tourist road" the words "or farmers' road" are inserted. (b) In paragraph (h) (now re-numbered (i) ) of the said subsection one after the words" or tourist track" twice occurring the words "or farmers' road" are inserted; also the letter and brackets" (g) " are repealed and the letter and brackets "(h)" are inserted in lieu thereof; also the letter and brackets" (h) " are repealed and the letter and brackets" (i) " are inserted in lieu thereof; and in the last paragraph of the said subsection one after the words " tourist road" the words " or farmers' road" are inserted. (c) In subsection three after the words" or tourist track" the words" or farmers' road" are inserted. (d) In subsection four after the words ., tourist road" twice occurring, the words" or farmers' road" are inserted: also in the side note after the words "tourist road" the words "or farmers' road" are inserted. Amendment (5.) Section twelve of the Principal Act is amended of s. 12. as follows :_ (a) In subsection one after the words "tourist road" twice occurring the words" or farmers' road" are inserted. (b) In subsection two after the words "tourist track" the words" or farmers' road" are inserted. (c) In subsection three after the words "tourist track " the words " or farmers' road " are inserted. Amendm(lnt (6.) Section thirteen of the Principal Act is amended, of s. 13. as follows : - (a) In subsection one after the words" tourist road," twice occurring, the words "or farmers' road" are inserted; also in the sidenote thereto, after the words "tourist roads" the words "or farmers' roads" are inserted. (b) In subsection four after the words "tourist road" twice occurring the words "or farmers' road" are inserted; also in the sidenote after the words " tourist road " the words " or farmers' road " are inserted.

1943. ROADS. Main Roads Acts Amendment Act. 265 (c) In subsection five after the words "tourist road " twice occurring the words " or farmers' road " are inserted. (d) In subsection six after the words "tourist road" twice occurring the words "or farmers' road" are inserted. (7.) Section fourteen of the Principal Act is amended Amendment by inserting after the words "tourist track" the words of s. 14. " or farmers' road." (8.) Section fifteen of the Principal Act is amended Amendment by inserting after the words "tourist road" wherever of s. 15. occurring, the words" or farmers' road." (9.) In section sixteen of the Principal Act after the Amendment words "tourist track" twice occurring, the words "or of s. 16. farmers' road" are inserted. (1O.) Section seventeen of the Principal Act is o A f m s. en17d.ment amended as follows : - (a) After the words "tourist road" wherever occurring, the words" or farmers' road" are inserted. (b) After the words "tourist roads" wherever occurring, the words" or farmers' roads" are inserted. (c) Also in the two side notes after the words "tourist roads" the words "or farmers' roads" are respectively inserted, (ll.) Section eighteen of the Principal Act is Amendment amended by inserting after the words "tourist road " of 8. 18. wherever occurring, the words " or farmers' road." (12.) Section nineteen of the Principal Act is Amendment amended by inserting after the words "tourist road" of8. 19. wherever occurring the words" or farmers' road." (13.) In section twenty-four of the Principal Act Amendment after the words " tourist track" the words " or farmers' of s. 24. road " are inserted. (14.) In subsection four of section 26B of the Amendment' Principal Act after the words " tourist track" the words of s. 26B. " or farmers' road" are inserted. (15.) In subsection one of section twenty-seven of Am~ ndn: ient the Principal Act after the words "tourist track," the of 8.27. words " or farmers' road" are inserted.

266 ROADS. Main Roads Acts Amendment Act. 7 GEO. VI. No. 17, Amendment of s. 28. (16.) Section twenty-eight of the Principal Act is amended as follows :- (a) In paragraph (a) after the words "tourist tracks" the words" or farmers' roads" are inserted. (b) In paragraph (f) after the words" tourist track" the words" or farmers' road" are inserted. Amendment (17.) In section thirty-two of the Principal Act after of s. 32. the words "tourist tracks" the words "or farmers' roads" are inserted. Amendment (18.) Section thirty-three of the Principal Act is of s. 33. amended as follows : - (a) In the third paragraph of subsection one after the word "tourist" thrice occurring the word "farmers' " is inserted. (b) In subsection two, in the paragraph beginning with the words "Notwithstanding anything" after the word " tourist " the words " or farmers' " are inserted. Amendment (19.) In subsection one of section 33A, after the of s. 33A. word" tourist," the words " or farmers' " are inserted. Amendment (20.) Section thirty-five of the Principal Act is of s. 35. amended by inserting after the words "tourist roads" the words " or farmers' roads" Amendment (21.) In subsection three of section thirty-eight of of s. 38. the Principal Act after the words '.' tourist track" the words "or farmers' road" are inserted. Amendment (22.) In subsection one of section thirty-nine of of s. 39. the Principal Act after the words "tourist tracks" the words " or farmers' roads" are ,inserted. Amendment (23.) In section forty-one of the Principal Act after of s. 41. the words "tourist tracks" the words "or farmers' roads" are inserted. Amendment (24.) The Schedule is amended as follows : - of Schedule. (a) In clauses one, two, nineteen, twenty, twenty- one, twenty-six, and thirty-three, after the words "tourist tracks" wherever occurring the words "or farmers' roads " are inserted. (b) In clauses three, four, five, six, seven, eight, nine, ten, twelve, thirteen, fourteen, sixteen, seventeen, eighteen, twenty-two; twenty-three, twenty-four, thirty- one, thirty-four, and thirty-nine, after the words

ROADS. 1943. Main Roads Act8 Amendment Act. " tourist track" wherever occurring the words "or farmers' road" are inserted; also in the sidenote to clause twenty-four after the word" tourist" the words " or farmers' " are inserted. (c) In clause eleven, after the words " access road " the words" or farmers' road" are inserted. (d) In clause thirty-six after the words "tourist track" and "tourist road," respectively, the words" or farmers' road" are respectively inserted. (e) In clause thirty-seven after the words "·tourist road " twice occurring the words " or farmers' road " are inserted. (25.) The following sidenotes are also inserted against the clauses indicated, namely:- To clause thirty-two, the sidenote "Number plates" ;' To clause thirty-three, the sidenote " Instruments for checking weights" ; To clause thirty-six, the sidenote " Impounding"; To clause thirty-seven, the sidenote "Grids"; and To clause thirty-eight, the sidenote "Tolls, &c.,. for use of building, &c." 261 SALE OF' GOODS BY GROUP SALE. See MEROANTILE LAw. SICKNESS BENEFIT BUSINESS. See SOCIETIES.