Main Roads Acts Amendment Act of 1959 (8 Eliz Ii No. 3) (Qld)

658 RAILWAYS AND TRAMWAYS—ROADS. Main Roads Acts Amendment Act . 8 E liz . II. No. 3, Amendment of s. 125 (1). 5. Subsection one of section one hundred and twenty-five of the Principal Act is amended by inserting therein after the words “ No action ” the words and brackets “ (other than an action for personal injury, fatal or non-fatal) REGISTRATION OF BIRTHS DEATHS AND MARRIAGES. See S tatistics . REGISTRATION OF FIRMS. See M ercantile L aw . RETURNED SERVICEMEN'S BADGES. See B adges . RIVER IMPROVEMENT TRUST. See E rosion , C ontrol of . ROADS. 8 E liz . II. No. 3. T he M ain R oads A cts A mendment A ct oe 1959. An Act to Amend "The Main Roads Acts, 1920 to 1952," in certain particulars. [A ssented to 25 th M arch , 1959.] Short title. Principal Act. B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis- lativeAssemblyof Queensland in Parliament assembled, and by the authority of the same, as follows:— 1. (1.) This Act may be cited as “ The Main Roads Acts Amendment Act of 1959.” (2.) *“ The Main Roads Acts, 1920 to 1952,” are in this Act referred to as the Principal Act. 10 Gr. 5 No. 26 and amending Acts.

ROADS. 659 1959. Main Roads Acts Amendment Act. (3.) The Principal Act and this Act may be Collective collectively cited as “ The Main Roads Acts, 1920 to title' 1959.” 2. Section two of the Principal Act is amended— Amendments (a) By inserting, after the definition “ Cycle track ”, ° ' the following definition :— “ “ Declared road ”—Any road declared to be a Declared State highway or a main road or aroad* developmental road or a secondary road under this Act, and includes any part of any such road ; ” ; (6) By repealing the definition “ Farmers’ road ”; (c) By repealing the definition “ Maintenance ” and inserting, in lieu of that repealed definition, the following definition:— “ “ Maintenance ”—Includes all works of every Maintenance, description which are in the opinion of the Commissioner calculated to keep a declared road, and any drain draining such declared road, in the same state of utility as when the road in question was declared under this Act or, if permanently improved subsequent to such declaration, as resulted from the permanent improvement effected thereto: The term also includes— (i.) The destruction and eradication of noxious weeds and plants upon a declared road; (ii.) All sums, including costs incurred by or recovered against the Commissioner in any proceeding, for which the Commissioner shall become legally liable in respect of any declared road for accidental bodily injury, fatal or non-fatal, to any person or for damage to any property; (iii.) The provision and maintenance of traffic lines and other traffic signs, the planting of trees, and the protection of trees, natural or planted, upon any declared road (d) By repealing the definition “ Mining access road ”;

660 ROADS. Main Roads Acts Amendment Act. 8 E liz . II. No. 3, Permanent improve­ ment. Permanent works. Secretary. (e) By repealing the definition “ Permanent improvement ” and inserting, in lieu of that repealed definition, the following definition:— “ “ Permanent improvement ”—Includes all works of every description, exclusive of maintenance, calculated in the opinion of the Commissioner to increase the utility of a declared road, and also drains for draining a declared road (/) By repealing the definition “ Permanent works ” and inserting, in lieu of that repealed definition, the following definition :— “ “ Permanent works ’’—Includes any new State highway or main road or developmental road and all permanent improvements to any declared road ; (g) By inserting, before the definition “ State highway ”, the following definition :— “ “ Secretary ”—The Secretary of the Commissioner of Main Roads : The term includes a person appointed to act in, or performing for the time being the duties of, the office of Secretary ( h) By repealing the definition “ Tourist road ” ; and (i) By repealing the definition “ Tourist track3 Repeal of and new s. Power of delegation. 3. Section seven of the Principal Act is repealed and, in lieu of that repealed section, the following section is inserted :— “[7.] (1.) The Commissioner, with the prior approval of the Minister, may from time to time, in relation to any matters or class of matters, or in relation to a particular part of the State, by instrument in writing under his hand, delegate all or any of his powers, functions, authorities and duties under this Act as may be specified in the instrument (other than this power of delegation) so that the delegated powers, functions, authorities and duties may be exercised or, as the case may be, shall be performed by the delegate with respect to the matters or class of matters or in relation to the particular part of the State specified in the instrument. (2.) Where, by or under this Act, the exercise of a power, function or authority or the performance of a duty of the Commissioner is dependent upon the opinion,

ROADS. 1959. Main Roads Acts Amendment Act. belief, or state of mind of the Commissioner in relation to any matter, that power, function or authority may be exercised or the duty performed, upon the opinion, belief, or state of mind of the person to whom it is delegated by an instrument of delegation under this section. (3.) The Commissioner may, at his will, revoke a delegation made by him under this section! and the Commissioner shall, if thereunto directed] by the Minister, revoke such a delegation. No delegation shall prevent the exercise of any power, function or authority, or the performance of any duty by the Commissioner. (4.) The Commissioner, subject in everjf case to prior approval by the Minister, may make such and so many delegations under this section and to such number of persons, as he may consider necessary or desirable.” 661 4. Section nine of the Principal Act is amended—Amendment* (i.) By repealing paragraph (a) of subsection one thereof and inserting, in lieu of that repealed paragraph, the following paragraph :— “ (a) What roads should be declared respectively State highways, main roads, developmental roads and secondary roads ; ” ; (ii.) By repealing the words “ State highway, main, developmental, secondary, mining access, or tourist road, or farmers’ road ”, wheresoever appearing in subsection three thereof and inserting, in lieu of those repealed words wherever so repealed, the words “ declared road ”; (iii.) By repealing the words “State highways, main, developmental, secondary, mining access, or tourist roads, or farmers’ roads ”, where appearing in subsection three thereof and inserting, in lieu of those repealed words, the words “ the road in question (iv.) By repealing the words “ State highway, main, developmental, secondary, mining access, or tourist road, or farmers’ road ”, where appearing in subsection four thereof, and inserting, in lieu of those repealed words, the words “ declared road ”.

662 KOADS. Main Roads Acts Amendment Act. 8 E liz . II. No. 3, Amendments 5. Section ten of the Principal Act is amended— of 8' 10‘ (a) By repealing the words “ State highway, main, developmental, secondary, mining access, or tourist road or farmers’ road ”, wheresoever appearing in subsection three thereof, and inserting, in lieu of those repealed words wherever so repealed, the words “ State highway, or main road, or developmental road, or secondary road ” ; and (6) By repealing subsection five thereof and inserting, in lieu of that repealed subsection, the following subsection :— “ (5.) The map, or the copy of any portion thereof hereinbefore mentioned in this section in the custody of any Local Authority shall, save in so far as it is inconsistent with any Proclamation under this Act, be evidence that any road marked as such thereon is a State highway, or a main road, or a developmental road or, according as marked, a secondary road.” Amendments 6. Section eleven of the Principal Act is amended— of 8* u‘ (a) By repealing subsection one thereof and inserting, in lieu of that repealed subsection, the following subsection :— “ (2.) The Commissioner may recommend to the Governor in Council that— (а) Any road which, in the opinion of the Commissioner, is a principal avenue of communication by road, be declared a State highway; (б) Any road which, in the opinion of the Commissioner, is of sufficient importance, be declared a main road ; (c) Any road, route or means of access which, in the opinion of the Commissioner, will develop any area of land opened or proposed to be opened for settlement, be declared a developmental road; (d) Any road which acts as a feeder to a declared road, or is a means of access to a mining area, national park, scenic reserve, seaside resort or natural beauty spot, or is likely to be used generally for the conveyance of primary products from the place of production to rail or market, be declared a secondary road ; or

ROADS. 1959. Main Roods Acts Amendment Act. (e) Any State highway, or main road, or developmental road or secondary road be declared to be no longer a State highway, a main road, a developmental road or, as the case may be, a secondary road. The Commissioner may at the time of making any recommendation under subparagraph (e) of the first paragraph of this subsection in respect of any declared road, or at any later time, make in respect of the same any other recommendation authorised by this subsection to be made by him. Any recommendation made by the Commissioner under this subsection shall specify the points of commencement and termination of the road, route or means of access whereto the recommendation relates.”; ( b ) By repealing subsection three thereof and inserting, in lieu of that repealed subsection, the following subsection :— “ (3.) The Governor in Council may by Proclamation confirm any recommendation under subsection one of this section by the Commissioner and thereupon the road, route or means of access the subject of the recommendation shall, according to the tenor of the recommendation— (a) Be a State highway, a main road, a developmental road or, as the case may be, a secondary road; (b) Cease to be a State highway, a main road, a developmental road or, as the case may be, a secondary road; or in the case of a recommendation under subparagraph (e) of the first paragraph of subsection one of this section which includes any other recommendation under that subsection, cease according as recommended under the said subparagraph (e) to be a State highway, a main road, a developmental road or a secondary road and be, according to the other recommendation so included, a State highway, a main road, a developmental road or a secondary road. Upon confirmation of a recommendation under subparagraph (e) of the first paragraph of subsection one of this section which does not include any other 663

664 ROADS. Main Roads Acts Amendment Act. 8 E liz . II. No. 3, recommendation under that subsection one, so much of the road the subject of that recommendation as is within the Area of any Local Authority shall come and, subject to any future recommendation under subsection one of this section, shall thereafter remain under the control and jurisdiction of that Local Authority.”; and (c) By repealing the words “ State highway or main, developmental, secondary, mining access, or tourist road, or farmers’ road ”, wheresoever appearing in subsection four thereof, and by inserting, in lieu of those repealed words wherever so repealed, the words “ declared road ”. Repeal of and new s. 11 A. Limitation of access. 7. Section 11 a of the Principal Act is repealed and the following section is inserted in lieu thereof:— “ [12 a .] ( 1 .) (a) If any State highway or main road is, in the opinion of the Commissioner, used primarily or principally as a through road, the Commissioner may recommend to the Governor in Council that access to such State -highway or main road be limited. (6) Such a recommendation may, in respect of a new State highway or main road, or a deviation from or widening of an existing State highway or main road, be made at the same time as the recommendation in pursuance of the provisions of subsection two of section thirteen of this Act that such new State highway or main road, or deviation from or widening of an existing State highway or main road, be made, or at any later time. (c) Where the Commissioner satisfies the Governor in Council that any road or part of a road which is not a declared road will be required at some future time as, or as part of, a State highway or main road, such a recommendation may be made in respect of that road or part of a road notwithstanding that it is not a declared road. (d) Such a recommendation may, in respect of any land to which subsection seven of section thirteen of this Act applies, be made at the same time as the Commissioner satisfies the Governor in Council, in

ROADS. 1959. Main Roads Acts Amendment Act. accordance with the provisions of that subsection, that the land will be required at some future time for the purposes of this Act, or at any later time. (e) Where in pursuance of the provisions of this Act the Commissioner has acquired land for the purpose of constructing thereon at some future timje a State highway or a main road, or a deviation from or widening of a State highway or main road, he may at any time after he has acquired such land make such a recommendation in respect thereof. (2.) Such a recommendation shall describe and specify the course and points of commencement and termination of the declared road (whether then subsisting or to be constructed thereafter) or, in the case of a recommendation referred to in paragraph (c) of subsection one of this section, road or part of a road to which it relates. In the case of a recommendation referred to in paragraph (d) or paragraph (e) of subsection one of this section such description and specification may be made by reference to the land the subject of the recommendation. Such a recommendation may be made so as to apply to the through pavement or pavements only, or to a specified part or parts only, of the width of the declared road or part of a declared road to which it relates. (3.) Upon being satisfied that access to any declared road should be limited as recommended by the Commissioner the Governor in Council may by Proclamation (herein in this section referred to as the “ first Proclamation ”) publish and confirm the recommendation. The Governor in Council shall by the first Proclamation or by a later Proclamation fix a date on and from which the recommendation shall take effect. On and from that date access to the declared road in respect whereof, or in respect of the road, part of a road or land comprised wherein, the recommendation was made shall be limited according in every respect to the recommendation.

666 ROADS. Main Roads Acts Amendment Act. 8 E liz . II. No. 3, In the case of a recommendation referred to in paragraph (c), or (d), or (e) of subsection one of this section, the first Proclamation may be made at any time before the road or part of a road or land in question is proclaimed to be a declared road but, in every such case, the date on which the recommendation shall take effect shall be fixed by a later Proclamation and shall be not earlier than the time when that road, part of a road or land becomes a declared road. (4.) (a) In any case where means of access to any declared road, or to any road or part of a road which is not a declared road, exist at the date of the publication in the Gazette of the first Proclamation in respect of that declared road, or road or part of a road, the Commissioner shall provide, at such times, in such manner, and at such points as he deems desirable, means of access to, or routes for entering or leaving or crossing, that declared road, or road or part of a road. This paragraph applies so as not to require the Commissioner to provide any means of access to any road or part of a road at any time before it becomes a declared road. (b) The Commissioner may do and take all such things and steps as he deems necessary for preventing access to any declared road whereto access is limited pursuant to this section. (c) Where access to a new State highway or main road, or a deviation from or widening of a State highway or main road, is limited pursuant to this section, the Commissioner may provide, at such times, in such manner, and at such points as he deems desirable, means of access to, or routes for entering or leaving or crossing, that new State highway or main road, or deviation from or widening of a State highway or main road. (d) Notwithstanding any other provision of this Act, the Commissioner may construct, improve and maintain such roads, other than declared roads, as he deems necessary to give access to any locality access whereto is adversely affected by the limitation, pursuant to this section, of access to any new State highway or main road or deviation from or widening of a State highway or main

ROADS 1959. Main Roads Acts Amendment Act. road and may carry any road, whether a declared road or not, over or under any new State highway or main road, or deviation from or widening of a State highway or main road access to which is, pursuant to this section, limited, and may carry any such State highway, main road, deviation or widening over or under any other road, whether a declared road or not, and for such purposes may exercise the same powers in relation to any road which is not a declared road as he may exercise in relation to a declared road. (c) The Commissioner shall notify in the Gazette any and every means of access or route provided by him pursuant to this subsection. (/) Not later than three months after the date on and from which access to a declared road is limited, the Commissioner shall prepare a map or maps snowing, in relation to that declared road, every such (means of access or route then provided or proposed to be provided by him. Thereafter, if he provides any further such means of access or route he shall upon so doing cause the same to be shown in such map or maps. Such map or maps may also show any a temative means of travel which will be available or made available. Such map or maps shall be made available for examination by any person at such place or places as the Commissioner shall determine. Particulars of such place or places shall be published in a newspaper or newspapers circulating in the district in which the declared road in question is located. (5.) (a) A person shall not, without the prior consent in writing of the Commissioner, construct, form or lay out, or begin to construct, form or lay out, any means of access to or from or within— (i.) Any declared road access to which is limited pursuant to this section ; or (ii.) Any road or part of a road other than a declared road in respect of which a recommendation as referred to in paragraph (c) of subsection one of this section has been published and confirmed by the first Proclamation.

668 ROADS. Main Roads Acts Amendment Act. 8 E liz . II. No. 3, (b) In any case to which subparagraph (ii.) of paragraph (a) of this subsection applies, the Commissioner may consent to the continuance of the means of access until the road or part of a road in question becomes a declared road and no longer, and the Commissioner may close such means of access forthwith upon the road or part of a road in question becoming a declared road. (6.) (a) Where the construction, formation or laying out of such a means of access shall have been begun before the publication in the Gazette of the first Proclamation, the Commissioner may close such means of access after having given not less than thirty days’ notice in writing of his intention to do so to the owner of the property to which that means of access is related and, if the owner is not the occupier of such property, to the occupier thereof. (b) Where the Commissioner has closed any means of access to which this subsection applies, the owner of the property to which such means of access was related shall be entitled to claim compensation in terms of subsection ten of this section notwithstanding the fact that the period of twelve months mentioned in paragraph (d) of the said subsection ten has expired : Provided that such claim for compensation is served upon the Commissioner within twelve calendar months after the date of the notice given pursuant to the provisions of paragraph (a) of this subsection. (7.) Where, in the opinion of the Commissioner, access is not reasonably available otherwise to any property abutting upon any declared road to which access is limited pursuant to this section, the Commissioner may permit, in writing, the construction and use of a means of access to that property from that declared road. Such permit may be subjected to such terms and conditions as the Commissioner deems necessary or desirable as respects the nature of the means of access which may be constructed, the situation thereof, and the extent to which and the times during which the same may be used by the permittee and by other persons, including conditions limiting such use to vehicles or animals of specified descriptions or prohibiting such use by vehicles or animals of a specified description and in either case generally or during specified times.

ROADS. 1959. Main Roods Acts Amendment Act. (8.) The driver of a vehicle or animal shall not drive or attempt to drive that vehicle or animal onto, across, or from any declared road to which access is limited pursuant to this section, otherwise than by a means of access to, or route for entering, leaving, or as the case may be, crossing that declared road provided or permitted by the Commissioner pursuant to this section. In this subsection the terms “ driver ” and “ vehicle ” shall respectively have the meanings assigned to those terms by *“ The Traffic Acts, 1949 to 1958.” (9.) (a) Notwithstanding the provisions of any other Act a person shall not drive or permit or allow to be driven, any loose sheep, cattle, horses or other animal on or along or, without the prior permission in writing of the Commissioner, across any declared road to which access is limited pursuant to this section. (6) The Commissioner may permit, in writing, any person to drive any loose animals specified in the permit across any declared road to which access is limited pursuant to this section. Such permission may be subject to any conditions the Commissioner deems necessary and desirable and may be revoked or altered by him at any time. A person shall not drive any loose animal across any declared road contrary in any respect to the conditions of a permit under this paragraph. (10.) (a) Subject to the provisions of this subsection, any person having an estate or interest in land— (i.) Abutting on any declared road to which access is limited pursuant to this section; and (ii.) Which is directly affected in an injurious manner by reason of any restriction on the use of such land consequent upon that limitation, shall be entitled to recover from the Commissioner compensation for any loss or damage sustained by him by reason of the land being so affected. , In respect of any estate or interest in land, the entitlement conferred by this paragraph shall be extinguished upon the Commissioner making compensation to the person having for the time being that estate or interest. * 13 G. 6 No. 26 and amending Acts. 669

670 KOADS. Main Roads Acts Amendment Act. 8 E liz . II. No. 3, (6) Any question as to whether compensation is payable under this subsection or as to the amount of compensation shall, in default of agreement, be determined by the Land Court and jurisdiction is hereby conferred upon that Court to hear and determine those questions. (c) In awarding compensation under this subsection in respect of any estate or interest in land, the compensation shall be a sum equal to the difference between the market value of the estate or interest in the land as injuriously affected as aforesaid and what would be that market value if the land were not so injuriously affected: Provided that— (i.) In assessing the market value of the estate or interest in the land as injuriously affected as aforesaid, there shall be taken into account any modifications of that injury by reason of any permission given by the Commissioner under this section, and any conditions attached to such permission or by reason of any undertaking given or proposed to be given by the Commissioner, and any such permission, conditions or undertaking shall be embodied in the award of compensation ; (ii.) There shall be taken into account any benefit which may accrue to any land in which the claimant has an estate or interest by reason of the construction or improvement by the Commissioner or by any other person or authority, at any time after the date on and from which the limitation of access in question pursuant to this section took effect, upon land adjacent to the land in respect of which compensation is claimed, of any road or any other way subsidiary to such a road, of by reason of the coming into force of the limitation of access in question; (iii.) If the land has, since the date on and from which the limitation of access in question came into force, become or ceased to be separate from other land, the amount of

ROADS. 1959. Main Roads Acts Amendment Act. compensation shall not be enhanced by reason of its having so become or ceased. For the purposes of this paragraph land shall be deemed to be separate from other land when the person having the estate or interest therein in respect of which compensation is claimed has not the like estate of interest in the other laud ; (iv.) Compensation shall not be claimable or be payable or paid under this section in respect of any limitation of the right of access to a new State highway or main road, or deviation from a State highway or main road, if such limitation is applied at the same time as— (a) The Commissioner recommends that a new State highway or main road or aeviation from an existing State highway or main road be made ; or ( b) The Commissioner makes a recomm endation in terms of subsection seven of section thirteen of this Act. This paragraph (iv.) does not apply to so much of a deviation as aforesaid as was a public road when the Commissioner recommended that the deviation be made; (v.) Where the limitation of access was recommended pursuant to paragraph (d) of subsection one of this section, the market value of the land shall not exceed the value thereof for the purpose for which it was being used when the first Proclamation was made. (d) Compensation under this section shall not be payable unless a claim therefor shall have been served on the Commissioner not later than twelve calendar months after the date when the limitation of access in question took effect. (e) The power to make, with respect to the Land Court, rules of court shall include power to make all such rules of court as may be deemed necessary for any purpose of or related to the exercise by that Court of its jurisdiction under this section.

672 ROADS. Main Roads Acts Amendment Act. 8 E liz . II. No. 3, Subject to the provisions of this section and any such rules of court, the provisions of *“ The Public Works Land Resumption Acts, 1906 to 1956,” shall, subject to all necessary adaptations thereof, apply in respect of the making, hearing and determination of a claim for compensation under this subsection, as if that claim were a claim for compensation under those lastmentioned Acts: Provided that those lastmentioned Acts shall not so apply so as to entitle any claimant for compensation under this subsection to any sum not claimable or in excess of the amount claimable under, subject to, and in accordance with the provisions of this subsection. (11.) A Local Authority shall not approve any plan of subdivision of land abutting upon— (a) A declared road to which access is limited pursuant to this section ; or (b) A road or part of a road other than a declared road in respect of which a recommendation as referred to in paragraph (c) of subsection one of this section has been published and confirmed by the first Proclamation, save with the consent in writing of the Commissioner or, in any case where the Commissioner has failed or refused so to consent, of the Governor in Council.” Amendments ofs. 12. «. Section twelve of the Principal Act is amended— (a) By repealing the brackets and figure “ (1.) ” ; (b) By repealing the words “ State highway, main, developmental, secondary, mining access or tourist road, or farmers’ road ”, where those words appear in the first paragraph of subsection one thereof, and by inserting, in lieu of those repealed words, the words “ declared road (c) By repealing the words “ State highway, main, developmental, secondary, mining access, or tourist road, or farmers’ road ”, where those words appear in the second paragraph of subsection one thereof, and by inserting, in lieu of those repealed words, the words “ declared road and ( d ) By repealing subsections two, three and four thereof. 6 E. 7 No. 14 and amending Acts.

ROADS. 673 1959. Main Roads Acts Amendment Act. 9. Section thirteen of the Principal Act is repealed aRnedpenaelwof and, in lieu of that repealed section, the following section s. 13. is inserted:— “ [ 13.1 (1) If the Commissioner desires to— (а) Make a new road; or Procedure by Com­ missioner (б) Make a deviation from an existing declared twoitmharkeisnpgect road; or new roads, (c) Widen an existing declared road; or deviations from and (d) Carry out permanent improvement^ to an ewxiidsetniningg of existing declared road; or declared (e) Carry out drainage works or other necessary rpoeardmsa, naenndt works for the protection of any declared improve­ road on land adjacent thereto, ments, drainage, he may cause to be prepared maps and plans and estimates d&ecc.l,aorefd of the cost of such road, deviation, widening, permanent roads. improvements, drainage works or other necessary works of a protective nature, and a description of the land required therefor and the cost of acquiring such land. The Commissioner may include in any such new road, deviation or widening, the whole or any part of a road which is not a declared road, and forthwith upon the Governor in Council approving, pursuant to subsection three of this section, of the same being carried out, the land comprised in the whole or part included therein of any road which is not a declared road shall be deemed to be land set aside for a declared road and all of the provisions of this Act, including the regulations hereunder, shall apply with respect to that land accordingly. (2.) Subject to subsection one of this section, the Commissioner may recommend to the Governor in Council that the new road, or deviation or widening be made, or that the permanent improvements or drainage works or other necessary works of a protective nature be carried out, and that the land necessary therefor be taken. (3.) The Governor in Council, upon being satisfied that the new road, or deviation or widening should be made or that the permanent improvements or drainage works or other necessary works of a protective nature should be carried out, may by Order in Council approve of the same being made or carried out, and of the land described in the Order in Council being taken.

ROADS. Main Roads Acts Amendment Act. 8 E liz . II. No. 3, (4.) In the case of a new road or a deviation from an existing declared road, when the Commissioner is satisfied that the new road or deviation is fit for use as a public highway, he shall recommend to the Governor in Council that the same shall be a State highway, a main road or a developmental road. Such recommendation shall describe the course of and distinctly specify the points of commencement and termination of the new road or deviation. The Governor in Council may by Proclamation confirm such recommendation and thereupon the new road or deviation shall be a State highway, a main road, a developmental road, or a secondary road, as the case may be. The land upon which such road or deviation has been constructed shall thereupon and thenceforth from the date of publication in the Gazette of such Proclamation become and be absolutely dedicated to the public as a public highway within the meaning of any law now or hereafter in force. (5.) (a) Where any State highway, or main road, or developmental road, or secondary road is declared, or a deviation from an existing State highway, or main road, or developmental road, or secondary road is made through any Crown reserve, State forest, timber reserve, pastoral holding, or vacant Crown land, such road or deviation unless otherwise specified shall be deemed to include all the land within a distance of ninety-nine feet on each side from the surveyed or constructed centre line of any such road or deviation without any further authority than is contained in this subsection: 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 each side from the centre fine of the road or track in use until such time as the surveyed centre line is made trafficable. (b) Where any permanent improvements have been carried out (whether before or after the enactment of this paragraph) on a declared road, the width of which is more than three chains, the Commissioner may recommend to the Governor in Council that the declared road in question be limited in width as specified in the recommendation.

ROADS. 1959. Main Roods Acts Amendment Act. The Governor in Council may by Proclamation confirm the recommendation and thereupon and thereafter while the Proclamation remains in force— (i.) The declared road in question shall be limited in width as specified in the Proclamation ; and (ii.) Any and every portion of the declared road which is outside the width thereof as specified in the Proclamation, shall not be a declared road. (6.) Where the Commissioner requires to take land under this Act, not being land for a new State highway, main road, developmental road, or secondary road, or a deviation from an existing declared 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. (7.) Where the Commissioner satisfies the Governor in Council that any land will be required at some future time for any works or purpose for which land may be taken under this Act by the Commissioner, the Governor in Council may by Order in Council approve of the taking of that land by the Commissioner. Nothing contained in the preceding provisions of this section or in any other provision of this Act shall limit or be deemed to limit the power of the Commissioner to take any land the taking of which has been approved as aforesaid, and any approval under this subsection may be given and the land in question taken notwithstanding that the future time when the land will be required for the works or purpose in question is indefinite or presently unascertainable or that those works or that purpose have not been or cannot be presently planned or otherwise particularised by the Commissioner.” 675

676 Repeal of s. 14. BOADS. Main Roads Acts Amendment Act. 8 E liz . II. No. 3, 10. Section fourteen of the Principal Act is repealed. Repeal of and new s. 15. Local Authorities to be consulted. 11. Section fifteen of the Principal Act is repealed and, in lieu of that repealed section, the following section is inserted:— “ [25.] The Commissioner, before recommending to the Governor in Council— (а) That any road be a main road, or a developmental road, or a secondary road; (б) That the maps, plans, and estimates of any proposed new main road, or developmental road, or secondary road, or deviation from an existing main road, or developmental road, or secondary road be approved ; or (c) That plans and estimates of any permanent improvements to any main road, or developmental road, or secondary road be approved, shall serve on each Local Authority in whose area such road is situated, or such new main road, or developmental road, or secondary road, or deviation is proposed to be made, or such improvements are proposed to be made, notice of his intention to make such recommendation. Such notice shall fix a day, not less than thirty days from the service of the notice, upon which any objection which may be made by any Local Authority concerned will be considered by the Commissioner before making any recommendation : Provided that any Local Authority which feels aggrieved by any such recommendation may, within thirty days after the consideration of its objection, appeal to the Minister, who may confirm, vary or disallow such recommendation.” Aofmse. n1d6m. ents by 1re2p. eaSliencgtionthseixtewenorodfsthe“ PSrtiantceipahliAghcwt aisy, amemnadiend, developmental, secondary, mining access, or tourist road, or tourist track, or farmers’ road ” where those words twice appear therein, and by inserting, in lieu of those words where so repealed, the words “ declared road ”.

ROADS. 677 1959. Main Roads Acts Amendment Act. 13. Section seventeen of the Principal Act is Amendments amended— (а) By repealing the words “ a State highway, main, developmental, secondary, mining access, or tourist road, or farmers’ road ”, where appearing in subsection one of that section, and inserting, in lieu of those repealed words, the words “ any and every declared road ” ; (б) By repealing the words “ all State highways, main, developmental, secondary, mining access, or tourist roads, or farmers’ roads ”, where appearing in paragraph (a) of subsection two thereof, and inserting, in lieu of those repealed words, the words “ any and every declared road ” ; (c) By repealing the words “ a State highway, main, developmental, secondary, mining access, or tourist road, or farmers’ road ”, where appearing in paragraph ( b) of subsection two thereof, and inserting, in lieu of those repealed words, the words “ any and every declared road ” ; (d ) By repealing the words “ all State highways, main, developmental, secondary, mining access, or tourist roads, or farmers’ roads ”, where appearing in paragraph (c) of subsection two thereof and inserting, in lieu of those repealed words, the words “ any and every declared road ” ; (e) By repealing the words “ State highways, main, developmental, secondary, mining access, or tourist roads, or farmers’ roads ”, where appearing in paragraph (c) of subsection two thereof, and inserting, in lieu of those repealed words, the words “ any and every declared road ” ; (/) By repealing the words “ any State highway, main, developmental, secondary, mining access, or tourist road, or farmers’ road ”, where appearing in subsection three thereof and inserting, in lieu of those repealed words, the words “ any and every declared road ” ; and (g) By repealing the marginal notes to that section and inserting, in lieu thereof, the marginal note “ property in declared roads and the materials thereof”. 14. Section eighteen of the Principal Act is amended Amendments by repealing therein the words “ State highway, main, ° 8' ‘ developmental, secondary, mining access, or tourist

678 ROADS. Main Roads Acts Amendment Act. 8 E liz . II. No. 3, road, or farmers’ road ” wheresoever appearing therein, and inserting, in lieu of those repealed words wherever so repealed, the words “ declared road Amendments 15. Section nineteen of the Principal Act is °fs. 19. amended— (а) By repealing, in subsection one thereof, the words “ State highway, main, developmental, secondary, mining access, or tourist road, or farmers’ road under this Act ”, and by inserting, in lieu of those repealed words, the words “ declared road ” ; (б) By repealing subsection four thereof; (c) By repealing the words “ State highway or main or developmental or secondary or mining access or tourist road or farmers’ road ”, where those words appear twice in subsection five thereof, and by inserting, in lieu of those words, where so repealed twice, the words “ a State highway, or a main road, or a developmental road, or a secondary road ” ; and ( d) By repealing, in subparagraph (a) of the second paragraph of subsection eight thereof, the words “ main or secondary road ”, and inserting, in lieu of those repealed words, the words “ State highway, or a main road, or a developmental road, or a secondary road, as the case may be, under this Act Repeal of s. 19 a . 16. Section 19 a of the Principal Act is repealed. Amendment 17. Subsection one of section twenty of the of s. 20 (i). Principal Act is amended by repealing in paragraph (a) thereof the words “ tourist road or tourist track ” and inserting, in lieu of those repealed words, the words “ secondary road which is, in the opinion of the Commissioner, used principally by tourist traffic ”. News. 21 18. The following section is inserted after section inserted. twenty of the Principal Act:— Authority '‘[21.] (1.) The Commissioner may from time to buddings on, time recommend to the Governor in Council the erection, across or in ’ on, across or in any declared road, of any building, roads. 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.

1959. ROADS. Main Roods Acts Amendment Act. 679 (2.) The Commissioner may from time to time Authority authorise on such terms and conditions as he sees fit ^Traction or he may prohibit the making or erection or causing or °“-.across^ continuance or use of any obstruction on, across or in or m ro s' any declared road and any such authority or prohibition shall have full force and effect and be forthwith implemented. (3.) 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 this section or of any Order in Council made or purporting to be made under this section.” 19. Section twenty-four of the Principal Act is Amendments amended- ofs-24- (а) By inserting, after the figures and brackets “32 (13)”, the figures and brackets “35 (8)”; (б) By repealing therein the figures, brackets and word “ 35 (12) (i.) and (ii.) ”; and (c) By repealing therein the words “ State highway, main, developmental, secondary, mining access, or tourist road, or tourist track, or farmers’ road ”, and inserting, in lieu of those repealed words, the words “ declared road ”.20 20. Section twenty-six of the Principal Act is Amendments amended— ofs'26’ (а) By adding to subsection two thereof the following paragraph:— “ Where a Local Authority within whose Area any works on or in relation to a declared road are proposed to be made has been permitted by the Commissioner pursuant to section twenty-seven of this Act, to carry out such works, the notice referred to in this subsection may be given by the clerk, engineer or overseer of such Local Authority.”; (б) By inserting after subsection two thereof the following subsection :— “ (3.) In any case where the Commissioner proposes to make a new road or a deviation from or a widening of an existing declared road, he may, if he considers that such action is necessary or expedient, serve upon the

680 ROADS. Main Roads Acts Amendment Act. 8 E liz . II. No. 3, owner or, if the owner is not the occupier, the occupier of any land which it is necessary to resume for the purposes of such new road or deviation or widening notice of his intention to enter upon such land for the purpose of constructing such new road or deviation or widening notwithstanding that the notice prescribed by paragraph (a) of subsection one of section 26 a of this Act has not been served. The Commissioner shall be empowered to enter upon such land for such purpose after three days from the service of a notice of his intention to enter as prescribed by this subsection.”; (c) By renumbering subsections three and four thereof subsections four and five respectively; and (d) By adding thereto the following subsection:— “ (6.) In any case in which the Minister of State for Queensland for the time being administering *“ The Land Acts , 1910 to 1958,” is taking, pursuant to those Acts, any land upon, through, along, or over which it is proposed to make under this Act a new road, or a deviation from or a widening of an existing declared road, it shall be competent for the Commissioner to enter upon such land after service of a notice upon the owner or, if the owner is not the occupier, the occupier of that land of his intention so to enter. Should such land or any part thereof be not taken or used for the purpose of making such new road or deviation from or widening of an existing declared road, the owner and, if the owner is not the occupier, the occupier thereof shall be entitled to claim compensation for any damages caused by such entry.” tfTae?011*8 21. Section 26 a of the Principal Act is amended— (a) By adding to paragraph (a) of subsection one thereof the following subparagraph:— “ Upon publication in the Gazette of such Proclamation, the Commissioner shall serve upon each person hereinbefore mentioned in this section a notice that the land described in the Proclamation has been taken by the Commissioner.”; ( b) By repealing in paragraph (c) of subsection one thereof the words “ a notice ” and by inserting, in lieu of those repealed words, the words “ any notice ”; and * 1 G. 5 No. 15 and amending Acts.

ROADS. 681 1959. Main Roods Acts Amendment Act. (c) By adding to paragraph (/) of subsection one thereof the following proviso :— “ Provided that, if thereunto prescribed by the Proclamation taking any land, the same shall vest in, and be held, by the Commissioner for an estate in fee- simple.” 22. Subsection four of section 26 b of the j Principal Amemtoent Act is amended by repealing therein the words “ State 0 6' B ’ highway, main, developmental, secondary, mining access, or tourist road, or tourist track, or farmer^’ road ”, and by inserting, in lieu of those repealed words, the words “ declared road ”. 23. Section 26c of the Principal Act is amended A^e“^ient by adding thereto the following paragraph:— 0 8‘ °' “ Without limit to the foregoing provisions of this section any grid which the Commissioner has heretofore or may hereafter have erected or caused or permitted to be erected on any declared road shall be deemed to have been constructed exclusively for the purposes of the declared road in question.” 24. Subsection one of section twenty-seven of a *"®*1111611*8 the Principal Act is amended— ofs. 27(i). (а) By repealing therein the words “ State highway, main, developmental, secondary, mining access, or tourist road, or tourist track, or farmers’ road ”, and by inserting, in lieu of those repealed words, the words “ declared road ”; (б) By repealing therein the words “ terms as may be mutually agreed on ” and inserting, in lieu of those repealed words, the words “ conditions as he determines either generally or in the particular case ” ; and (c) By repealing the proviso thereto. 25. Section twenty-eight of the Principal Act is Amendments amended— ofs. 28. (a) By repealing, in subparagraph (a) of the second paragraph thereof, the words “ State highways, main, developmental, secondary, mining access, or tourist roads, or tourist tracks, or farmers’ roads ”, and inserting, in lieu of those repealed words, the words “ declared roads

682 ROADS. Main Roads Acts Amendment Act. 8 E liz . II. No. 3, (6) By repealing subparagraphs ( b) to (i), both inclusive, of the second paragraph thereof and inserting, in lieu of those repealed paragraphs, the following paragraphs:— “ ( b ) All moneys received by the Commissioner for expenditure in connection with declared roads ; and (c) All moneys received or recovered by the Commissioner under this Act.” Amendment 26. Section twenty-nine of the Principal Act is of s‘ 29\ amended by repealing paragraph (d) thereof. Repeal of s. 29 a . 27. Section 29 a of the Principal Act is repealed. Amendment 28. Section 29 b of the Principal Act is amended ofs.29 b . hy repealing the third (and final) paragraph thereof. Amendments 29. Section thirty-two of the Principal Act is of s. 32 . amended— (a) By repealing, in subsection one thereof, the words “ State highways, main, developmental, secondary, mining access, or tourist roads, or tourist tracks, or farmers’ roads ”, and inserting, in lieu of those repealed words, the words “ declared roads ”; and (b) By repealing the second paragraph of subsection two thereof. Amendments 30. Section thirty-three of the Principal Act is °fs. 33 . amended— (a) By repealing the words “ State highways, main, developmental, tourist, farmers’, or secondary roads”, where twice appearing in subsection one thereof, and by inserting, in lieu of those repealed words where so repealed twice, the words “ declared roads ” ; ( b ) By repealing the words “ State highway, main, developmental, tourist, farmers’, or secondary road ”, where appearing in subsection one thereof, and inserting, in lieu of those repealed words, the words “declared road ” ;

ROADS. 1959. Main Roods Acts Amendment Act. (c). By repealing subparagraph (d) of the first paragraph of subsection two thereof and inserting, in lieu of that repealed subparagraph, the following subparagraph:— “ (d) The amount 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 works : Provided that where a secondary road is— (i.) Used principally by tourist traffic, the amount to be charged to any Local Authority shall be as agreed between the Commissioner and that Local Authority before the commencement of construction ; (ii.) Used solely as a means of access to a mining area, no portion of the cost of construction thereof shall be charged to any Local Authority benefited thereby.” ; {d) By repealing subparagraphs (e) and (/) of the first paragraph of subsection two thereof; (e) By relettering subparagraph ( g) of the first paragraph of subsection two thereof subparagraph ( e) and by, in that subparagraph— (i.) Repealing the words “ State highway, main, developmental, secondary, or farmers’ road ”, and inserting, in lieu of those repealed words, the words “ declared road ” ; and (ii.) Repealing all words therein from and including the words “ and in the case of tourist roads ” to the end thereof, and inserting, in lieu of those repealed words, the following words :— “ and in the case of secondary roads used principally by tourist traffic the amount to be charged shall be as agreed under the provisions of this Act ” ; (/) By inserting after subparagraph (e) of the first paragraph of subsection two thereof (as so relettered by this section) the following subparagraph :— “ (/) The amount to be charged to any Local Authority on account of the cost of tree planting on any declared road shall not 683

684 ROADS. Main Roads Acts Amendment Act. 8 E liz . II. No. 3, exceed one half of the total cost of such tree planting where it forms part of a town or township beautification scheme ; ” ; (g) By repealing subparagraph (h) of the first paragraph of subsection two thereof ; (h) By repealing the second paragraph of subsection two thereof (being the paragraph commencing with the words “ Notwithstanding anything contained in this subsection”); (i) By renumbering as subsection (2 a ) of that section the third and fourth paragraphs of subsection two thereof, being the paragraphs commencing with the words “ Where the designation ” and the words “ Provided that if the designation ” respectively ; (j) By repealing the fifth (and final) paragraph of subsection two thereof; (k) By repealing in paragraph (a) of subsection three thereof all words and subparagraphs from and including the words “ as hereinbefore provided ” to the end of the said paragraph (a) and by inserting, in lieu of the words and subparagraphs so repealed, the words “ as hereinbefore provided in this section ” ; (l) By repealing paragraphs (b), (c) and (d) of subsection three thereof; (m) By relettering paragraphs (e), (/) and (g) of subsection three thereof paragraphs (6), (c) and (d) respectively; and (n) By repealing in subsection four thereof the word “ September ” and inserting, in lieu of that repealed word, the word “ October Amendments 31. Section 33 a of the Principal Act is amended— ofs. 33 a . By repealing in subsection one thereof the words “ main, secondary, and tourist or farmers’ roads under this section ”, and inserting, in lieu of those repealed words, the words “ declared roads ” ; and (6) By repealing in subsection three thereof the words “ thirtieth day of June ” and inserting, in lieu of those repealed words, the words “ thirty-first day of May ”.

ROADS. 685 1959. Main Roads Acts Amendment Act. 32. Section thirty-five of the Principal Act is Amendments amended— ofs. 35 . (а) By repealing therein the words “ State highways, main, developmental, secondary, mining access, or tourist roads, or farmers’ roads”, and inserting, in lieu of those repealed words, the words “ declared roads ” ; and (б) By adding thereto the following paragraphs:— “A Local Authority shall not carry out any permanent works on any declared road or any works which are likely to affect the drainage, alignment or pavement of any declared road, unless it shall have obtained the prior approval of the Commissioner to the execution of such works. Before fixing any building level, or altering any building level fixed in respect of a declared road the Local Authority shall consult the Commissioner and shall secure his agreement to the level as proposed to be fixed or altered.” 33. Section thirty-eight of the Principal Act is Amendments amended — ofs. 38. (a) By repealing in subsection one thereof the words “ twenty pounds ” and inserting, in lieu of those repealed words, the words “ one hundred pounds ” ; and ( b ) By repealing in subsection three thereof the words “ State highway, main, developmental, secondary, mining access, or tourist road, or tourist track, or farmers’ road ”, and inserting, in lieu of those repealed words, the words “ declared road or, if the damage shall not have been repaired, then such sum as the Commissioner estimates to be the cost of repairing the damage ”. 34. Section thirty-nine of the Principal Act is Repeal of repealed and, in lieu of that repealed section, the following gn 3 9few section is inserted :— “[39.'] ( 1 .) The Governor in Council mjay from Regulations, time to time make regulations, not inconsistent with this Act, prescribing all matters and things which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, without limiting the generality of the foregoing provisions of this subsection, in particular for all or any of the purposes set forth in the Schedule to this Act.

686 ROADS. Main Roads Acts Amendment Act . 8 E liz . II. No. 3, Publication of regula­ tions, &c. (2.) Every regulation made under this Act shall— (i.) Be published in the Gazette ; (ii.) Upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (iii.) Take effect from the date of such publication, unless a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date; and (iv.) Be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session, and if not, then within fourteen sitting days after the commencement of the next session. (3.) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such regulation has been laid before it disallowing such regulation or part thereof, that regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further regulation.” Amendments of s. 40. 35. Section forty of the Principal Act is amended— (а) By repealing in subsection one thereof the words “ fifty pounds ” and inserting, in lieu of those repealed words, the words “ one hundred pounds ” ; and (б) By repealing in subsection four thereof the words “ by resolution ”. Amendment 36. Section forty-one of the Principal Act is of s. 41. amended by repealing the words “ State highways, main, developmental, secondary, mining access, or tourist roads, or tourist tracks, or farmers’ roads” and inserting, in lieu of those repealed words, the words “ declared roads ”. Amendments 37. The Schedule to the Principal Act is amended— of The Schedule* (a) By repealing the words “ State highways, main, developmental, secondary, mining access, or tourist roads, or tourist tracks, or farmers’ roads ”,

ROADS. 1959. Main Roads Acts Amendment Act. wheresoever appearing in clauses one and two thereof, and by inserting, in lieu of those repealed words, wherever so repealed, the words “ declared roads or the drainage thereof, or the works appurtenant thereto,” ; (6) By repealing the words “ State highway, main, developmental, secondary, mining access, or tourist road, or tourist track, or farmers’ road ”, wheresoever appearing in clauses three, four, five, six, seven, eight, nine and ten thereof, and inserting, in lieu of those repealed words, wherever so repealed, the words “ declared road ” ; (c) By repealing the words “ State highway, main, or developmental, secondary, mining access road, or farmers’ road ”, where appearing in clause eleven thereof, and inserting, in lieu of those repealed words, the words “ declared road ” ; (d) By repealing the words “ State highway, main, developmental, secondary, mining access, or tourist road, or tourist track, or farmers’ road”, where appearing in clause twelve thereof, and inserting, in lieu of those repealed words, the words “ declared road ” ; (e) By, in clause thirteen thereof,— (i.) Adding at the end of both the fifth and sixth paragraphs the words “ under *“ The Traffic Acts, 1949 to 1958,””; (ii.) Repealing the words “ Empowering the Commissioner to determine and fix ”, where appearing in the eleventh paragraph of that clause, and inserting, in lieu of those repealed words, the words “ Prescribing the method of determining and fixing ” ; (iii.) Repealing the words “ State highway, main, developmental, secondary, mining access, or tourist road, or tourist track, or farmers’ road ”, where appearing in the twelfth paragraph of that clause, and inserting, in lieu of those repealed words, the words “ declared road ” ; and (iv.) Repealing the eighteenth and nineteenth paragraphs thereof (being the last two paragraphs ); (/) By repealing the words “ State highway, main, developmental, secondary, mining access, or tourist road, or tourist track, or farmers’ road ”, wheresoever appearing in clauses fourteen, sixteen, seventeen and eighteen thereof, and inserting, in lieu of those repealed words wherever so repealed, the words “ declared road ” : * 13 G. 6 No. 26 and amending Acts. 687

688 ROADS. Main Roads Acts Amendment Act. 8 E liz . II. No. 3, Advertise­ ments. (g) By repealing the words “ State highways, main, developmental, secondary, mining access, or tourist roads, or tourist tracks, or farmers’ roads ”, wheresoever appearing in clauses nineteen, twenty, and twenty-one thereof, and inserting, in lieu of those repealed words wherever so repealed, the words “ declared roads ” ; (h) By repealing the words “ State highway, main, developmental, secondary, mining access, or tourist road, or tourist track, or farmers’ road ”, where appearing in clause twenty-two thereof, and inserting, in lieu of those repealed words the words “ declared road ” ; (i) By, in clause twenty-three thereof,— (i.) Repealing the words “ subject to the approval of the Governor in Council ” ; and (ii.) Repealing the words “ State highway, main* developmental, secondary, mining access, or tourist road, or tourist track, or farmers’ road,” wheresoever appearing, and inserting, in lieu of those repealed words wherever so repealed, the words “ declared road ” ; (j) By repealing the words “ State highway, main, developmental, secondary, mining access, or tourist road, or tourist track, or farmers’ road ”, where appearing in clause twenty-four thereof, and inserting, in lieu of those repealed words, the words “ declared road ” ; (k) By repealing clause twenty-six thereof and inserting, in lieu of that repealed clause, the following clause:— “ [26.] (a) Prohibiting or regulating and controlling the establishment and continuance (including the construction, marking, placing, erecting, painting and maintenance) of all or any advertisements (whether by way of placards, hoardings, lights, signs, or otherwise howsoever) in or on declared roads. (b) Prohibiting or regulating and controlling the passage, or standing in or on declared roads of persons, vehicles, or animals carrying any advertisement, placard, board, notice or sign, and the throwing or distributing of handbills or other printed or written matter in or on declared roads or from any place where such handbills or other printed or written matter may fall in or on any declared road. (c) Providing in relation to all or any declared roads and subject to any prescribed prohibitions, for the delegation by the Commissioner to any Local Authority, including Brisbane City Council, of the authority to permit, subject to such conditions as the Commissioner may either generally or in a particular case fix, the establishment and continuance of all or any advertisements referred to in paragraph (a) of this clause.

ROADS. 1959. Main Roods Acts Amendment Act. (d) Enabling a delegated Local Authority to charge, collect and recover the fees prescribed by its by-laws or, in the case of Brisbane City Council, ordinances for the grant of such permissions. Providing for the cancellation of any such permissions and, upon such cancellation or the expiration of the permission by effluxion of time, for the removal of the advertisements concerned and, in the case of cancellation, for the refunding of any fee or part thereof. (e) Providing for the revocation of any delegation hereinbefore referred to in this clause. (/) This clause shall apply so as not to authorise the making of any regulation which is inconsistent with any of the provisions of *“ The Traffic Acts , 1949 to 1958,” or of any regulations thereunder : Provided that no regulation made under this clause shall, by virtue of this paragraph (/), be deemed to be invalid except to the extent to which it is inconsistent with a provision of *“ The Traffic Acts , 1949 to 1958,” or of a regulation thereunder. (g) For the purposes of this clause a declared road shall be deemed to include any and every fence bounding it.” (1) By repealing the words “ State highway, main road, or developmental, secondary, mining access, or tourist road, or tourist track, or farmers’ road ”, where appearing in clause thirty-one thereof, and inserting, in lieu of those repealed words, the words “ declared road ”; (m) By repealing the words “ State highways, main, developmental, secondary, mining access, and tourist roads, or tourist tracks, or farmers’ roads ”, where appearing in clause thirty-three thereof, and inserting, in lieu of those repealed words, the words “ declared roads ” ; (n) By repealing the words “ State highway, main, developmental, secondary, mining access, or tourist road, or tourist track, or farmers’ road ”, where appearing in clause thirty-four thereof, and inserting, in lieu of those repealed words, the words “ declared road ” ; (o) By repealing clause thirty-five there (p) By repealing clause thirty-six there (q) By repealing the words “ State highway, main, developmental, secondary, mining access, or tourist road, or farmers’ road ”, wheresoever appearing in clause thirty-seven thereof, and inserting, in lieu of those repealed words wherever so repealed, the words “ declared road ” ; * 13 G. 6 No. 26 and amending Acts. 689

690 EOADS. Main Roads Acts Amendment Act. 8 E liz . II. No. 3, 1959. Savings. (r) By lettering clause thirty-nine thereof paragraph (a) of that clause and by repealing the words “ State highway, main, developmental, secondary, mining access, or tourist road, or tourist track, or farmers’ road ”, where appearing in that clause, and inserting, in lieu of those repealed words, the words “ declared road ” ; and ( s) By adding to clause thirty-nine thereof the following paragraphs:— “•(&) Prescribing signs that may be erected by the Commissioner for the information of traffic on declared roads and providing for, regulating and controlling the construction, making, marking, placing, erecting, fixing or painting in, into or on declared roads of such signs. (c) This clause shall apply so as not to authorise the making of any regulation which is inconsistent with any of the provisions of *“ The Traffic Acts , 1949 to 1958,” or of any regulations thereunder : Provided that no regulation made under this clause shall, by virtue of this paragraph (c), be deemed to be invalid except to the extent to which it is inconsistent with a provision of *“ The Traffic Acts , 1949 to 1958,” or of a regulation thereunder.” 38. (1*) Any and every road which immediately prior to the passing of this Act was a mining access, a tourist, or a farmers’ road under the provisions then in force of f“ The Main Roads Acts, 1920 to 1952,” shall without further or other recommendation by the Commissioner or Proclamation by the Governor in Council under the provisions of f“ The Main Roads Acts, 1920 to 1959,” be deemed to be a secondary road under and for the purposes of those Acts: Provided that no greater amount shall be charged to a Local Authority on account of permanent works or maintenance carried out or authorised prior to the passing of this Act on any road to which this section applies than would have been charged if this Act had not been passed. (2.) Every Proclamation made under the provisions repealed by this Act of section 11 a of The Main Roads Acts, 1920 to 1952,” and subsisting immediately prior to the passing of this Act shall, so far as is consistent with section 11 a of f“ The Main Roads Acts, 1920 to 1959,” enure for the purpose for which it originated as fully and effectually as if it had originated under that lastmentioned section (and accordingly shall be deemed to have so originated) until it is repealed, amended or otherwise modified. * 13 G. 6 No. 26 and amending Acts. f 10 G. 5 No. 26 and amending Acts.