MAIN ROADS (AMENDMENT)
ACT.
Act No. 51, 1927.
| A n | A c t | t o | m a k e | f u r t h e r | p r o v i s i o n | for | t h e | f i n a n c i n g |
| of | m a i n | r o a d s ; | t o | p r o v i d e | for | t h e | e r e c t i o n |
| of | b y - p a s s e s | for | m o t o r | v e h i c l e s | ; | t o | c o n f e r |
| c e r t a i n | f u r t h e r | p o w e r s | o n | t h e | M a i n | R o a d s |
| B o a r d ; | t o | a m e n d | t h e | M a i n | R o a d s | A c t , | 1 9 2 4 , |
| t h e | L o c a l | G o v e r n m e n t | A c t , | 1 9 1 9 , | a n d | c e r t a i n |
| o t h e r | A c t s | ; | t o | r e p e a l | t h e | F i n a n c e | ( T a x a t i o n |
| M a n a g e m e n t ) | A c t , | 1 9 2 6 , | a n d | t h e | F i n a n c e |
| ( N e w s p a p e r s | T a x a t i o n ) | A c t , | 1 9 2 6 ; | a n d | fo r |
| p u r p o s e s | c o n n e c t e d | t h e r e w i t h . | [ A s s e n t e d | to, |
| 1 2 t h | D e c e m b e r , | 1927 . ] |
| BE it enacted by the K i n g ' s Most Exce l l en t | lat ive Counci l and Legislat ive Assembly of New South |
Majes ty ,
by and wi th t he advice and consent of the Legis
| W a l e s | in | P a r l i a m e n t | assembled, and | by | the au thor i ty | of |
t h e same, as follows :—
| 1 . (1) This A c t may be cited as t he " M a i n | Roads |
( A m e n d m e n t ) Ac t , 1927 ," and shall be read and cons t rued wi th the M a i n Roads Act , 1924, as amended by subsequen t Acts . The said A c t as so amended is in
| th is A c t referred to as t he Pr inc ipa l | Act. |
(2) The Pr inc ipa l A c t as amended by th is A c t may be ci ted as the " Ma in Roads Act , 1924,-1927."
(3) A reference in any A c t to t he Main Roads
Act , 1924, shal l be const rued as a reference to t h a t Act
| as amended by subsequen t | Ac t s . |
2 . (1) T h e Pr inc ipa l A c t is amended as follows :—
| (a) | by omitting from subsection two of section t en t he proviso inserted by the F inance (Taxa | |
| t ion | M a n a g e m e n t ) | Act , | 1926. |
| (b) | by omitting from subsection three of the same |
| section t he | proviso | inser ted | by | t h e | F i n a n c e | |
| (Taxat ion | Management) | Ac t , 1926. | |
| (c) | by omitting from subsection two of section twen ty t he proviso inser ted by the F inance |
| (Taxat ion | M a n a g e m e n t ) | Act , | 1926. | |
| (d) | by omitting paragraph (a) of subsection one of section twenty-n ine , and by inser t ing in lieu thereof t he following n e w pa rag raph : — |
| (a) | Such sums as may be voted by Parlia |
| m e n t from t h e Consolidated | Revenue | |
| F u n d | or t he Pub l ic | Works F u n d | for | |
| |
| (2) | The | F i n a n c e | (Taxat ion | M a n a g e m e n t ) | Act , |
1926, and the F inance (Newspapers Taxa t ion) Act,. 1926,
are he reby repealed.
| 3 . | The P r inc ipa l | Act is fur ther | a m e n d e d — |
| (a) | by omitting from subsection one of section twen ty -e igh t the words " not being a ma in r o a d ' ' ; |
| (b) | by omitting from subsection six of section |
| forty-four | t he | word | " | th i r ty -one | " | and | |
| by | inser t ing | in | l ieu | thereof | the | word | |
| |
| (c) | by inserting next after section fifty-three the |
| following new | sec t ion :— | |
| 54. | W h e r e any not ice , requisi t ion, or | d e m a n d |
is r equ i r ed by th is A c t to be served or where t h e board desires to serve any not ice , requisi- . t ion, or demand upon any person or council ,
| service may be effected personal ly or by sending |
| the not ice , requis i t ion, or d e m a n d by post in a |
| prepaid | regis tered | le t t e r addressed | to | such | |
| person or counci l . |
| 4 . | (1) | The Local Gove rnmen t Act , 1919, is a m e n d e d — |
| (a) by inser t ing n e x t after | section | two | h u n d r e d |
a n d fifty-one t h e fol lowing new sect ion :—
| 251A. | (1) The occupan t of any lands t h r o u g h |
which an unfenced pub l i c road passes, or t h e occupan t or t h e several occupants of any lands separa ted by an unfenced publ ic road, m a y , wi th t h e permiss ion of t h e council , and shal l ,
if
if required by the council , erect a by-pass for motor vehicles on such road a t a n y place a t which the road inter-sects a n y fence enclosing or "bounding a n y such lands if permission to erec t a publ ic ga te a t t h a t p lace has been g ran ted unde r t he Pub l i c Gates Act , 1901 , and has no t been revoked.
(2) The power of the council to requi re the erection of a by-pass shall no t be exercised in any case where t h e publ ic gate forms pa r t of a rabbi t-proof or dog-proof enclosure .
| (3) E v e r y by-pass erected unde r | t he |
provisions of this section shal l be erected in accordance wi th t he r equ i r emen t s of t h e counci l .
(4) If t he council so requires , a publ ic ga te shall be removed from its approved position by the person erect ing t h e by-pass and the by-pass shal l be erected in t h a t position.
The gate shall be re-erected by such person on such side of t he by-pass as t he council may requ i re and the provisions of t he Publ ic Gates Ac t , 1901 , shal l app ly to t h e gate w h e n so erected.
(5) The person erec t ing t he by-pass shall erect nea r each end of t he by-pass a notice pa in ted whi te , of such a size and in such a posit ion as to be readi ly seen by a person approach ing the by-pass, and shall cause to be painted on t h e notice board in b lack let ters t h e
| words " Motor By-pass . " |
(6) The person erec t ing t he by-pass or his successor in t i t le shall a t his own expense keep the by-pass and not ice boards in a s tate of repair and condit ion satisfactory to t he council , and shall a t t he l ike expense effect such repairs to t he by-pass and not ice boards as t h e counci l m a y from t ime to t i m e requi re .
| (7) | The | counci l | m a y | by | not ice |
exhib i ted in a conspicuous position a t or n e a r
each
each end of a by-pass p roh ib i t any person from dr iv ing any vehicle across t he by-pass if t h e we igh t of the vehicle toge ther w i th any loading the reon exceeds a we igh t specified in
| (8) W h e r e | t he | counci l | requires | a |
person to erect a by-pass u n d e r th is section it m a y g ran t such assistance to h im as it m a y th ink fit towards defraying t h e expense thereof a n d of t h e not ice boards required to be erected by th is section.
(9) A n y by-pass m a y be closed and the not ices removed if t h e publ ic gate in connec t ion w i t h wh ich i t is erected is removed from the road, or if t he enclosure of which i t forms p a r t is m a d e rabbit-proof or dog-proof.
Not ice of t h e closing of a by-pass shal l be given to t he council .
| The person closing t h e by-pass shal l | t a k e |
such steps as the council m a y requ i re to ensure
t h e safety of persons us ing t h e road.
| (10) | A n y | person w ho | w i t h o u t | lawful |
excuse uses a by-pass erected in pu r suance of th i s section in a n y m a n n e r o ther t h a n for t he passage of a m o t o r vehicle, or who wilfully in jures or removes any not ice displayed in connec t ion wi th a by-pass, shal l be l iable on s u m m a r y convict ion to a pena l ty not exceeding
| (11) | A n y person who wilfully obs t ructs |
or who wilfully in jures any by-pass erected in
| p u r s u a n c e of th is section shall be liable u p o n |
| s u m m a r y | convict ion | to | impr i sonment | for | a | |
| t e r m not | exceeding six m o n t h s or to a | pena l ty | |
| n o t exceeding fifty | pounds . | |
| (12) | I n | this section " o c c u p a n t " | m e a n s |
any person in lawful possession of land.
(b) (i) by omi t t ing from subsect ion one of section two h u n d r e d and fifty-one the words " The Governor may, by proclamat ion , upon the appl icat ion of t h e council , confer upon t h e counci l " and by inser t ing in l ieu thereof t h e words " T h e council shall , w i th in its area,
(ii) by omitting subsection two of the same section;
| (c) | by omitting from paragraph (a) of subsection: two of section four hundred and seventy and from paragraph (a) of subsection two of section four hundred and seventy-one the words " two months " wherever occurring and by inserting in lieu thereof the words " period of one month." |
(2) The Principal Act is amended by inserting
at the end of subsection one of section thirty-six the ]
words " a n d without limiting the generality of the
foregoing powers in particular may exercise in respect
of any main road or developmental road the powers of a
eouncil to require by-passes for motor vehicles to be
erected."
(3) The Principal Act is further amended by inserting at the end of paragraph (a) of subsection seven of section five the words " except with the approval of the Governor."