Main Roads (Amendment) Act 1929 (NSW)
MAIN KOADS (AMENDMENT)
ACT.
An Act to amend the Main Roads Act, 1924-1927; to confer certain further powers upon the Main Roads Board; to amend the Local Government Act, 1919, and certain other Acts; to validate certain payments and other matters; and for purposes connected therewith. [Assented to, 8th April, 1929.] BE Act No. 15, 1929.
| la t ive Council and Legis la t ive Assembly of New South | BE it enacted by the King ' s Most Excellent Majesty, | by and with the advice and consent of the Legis |
W a l e s in Par l iament assembled, and by the authority of the same, as follows :—
1 . (1) This Act may be cited as the " M a i n Reads (Amendment) Act, 1929 ," and shall be read and con strued with the Main Roads Act, 192L-1927, in this Act referred to as the Principal Act.
(2) The Principal Act, as amended by this Act, m a y be cited as the " Main Roads Act, 1921-1929 ."
2 . The Principal Act is amended by omitting sub section two of section one, and by inserting in l ieu thereof the following new subsections :—
(2) This Act shall apply to the Eastern and Central Divisions of the State, and to those portions of the municipali t ies of Balranald and Hillston which are in the Western Division of the State, but shall not (except where specifically so provided) apply to the city of Sydney.
(3) This Act shall apply to the remaining portion
of the Western. Division to such an extent and in
such regard only as is specifically provided.3. The Principal Act is further amended—
(a)
by inserting in section three at the end of the definition of the word " a r e a " the following words : " and any irrigation area within which or with regard to which this Act applies " ;
(b)
by omitting from the same section the defini tion of the word " Construct " and by inserting
in l ieu thereof the following delinition :— " Const ruc t" includes " reconstruct" and
also " carry out any permanent
improvement" ; and "cons t ruc t ion" has a corresponding meaning.
(c)
by omitting from the same section the defini tion of the word " Council " and by inserting in l ieu thereof the following definition :—
" C o u n c i l " means the council of any municipal i ty or shire and includes the Municipal Council of S y d n e y ; and in relation to any irrigation area
or
or part thereof which is not a muni cipali ty or shire includes the Water Conservation and Irrigation Com mission.
(d)
by inserting in the same section after the definition of " Country main road " the follow ing definition :—
"Count ry State h i g h w a y " means a State
h ighway outside the county of Cum
berland
(e) by inserting in the same section after the
definition of "Metropol i tan main r o a d " the following definition: —
"Metropoli tan State h i g h w a y " means a
State h ighway in the county of
Cumberland.
(f)
by inserting in the same section after the definition of " Minister " the following defini tion :—
"Ord ina ry main r o a d " means a main
road not proclaimed a State highway
or a trunk road.
(g)
by inserting in the same section after the definition of " Public road " the following definition :—
" S t a t e h i g h w a y " means any main road being a principal avenue of road communication between the coast and the interior or throughout the State and connecting with such avenues in other States, and pro
claimed a State highway under this Act or any part of such State h ighway. (h) by inserting in the same section after the defini
tion of " T r e a s u r e r " the following definition:—-
" T r u n k r o a d " means any main road being a secondary avenue of road communication forming with the State h ighways and other trunk roads
a framework of a general system of
intercommunication throughout the State and proclaimed a trunk read under this Act or any part of such
t runk road. ( i)
(i) by omitting from subsection two of section
four the words "mun ic ipa l i t y or s h i r e " and by inserting in l ieu thereof the word " a r e a . "
4 . (1) The Principal Act is further amended by omitting subsection two of section seven and by insert ing in l ieu thereof the following subsection:—
(2) (a) The Board may appoint and employ such officers as it thinks necessary to assist in the execution of this Act and shall, subject to the provisions of the Industrial Arbitration Act, 1912, as amended by subsequent Acts, determine the
salaries, wages, allowances, and conditions of
employment of officers so appointed.
Upon the recommendation of the Board ordin ances may also be made under the Local Govern ment Act, 1919, regulat ing the conditions and terms of employment of officers and employees of the Board.
The provisions of sections five hundred and seventy-five to five hundred and seventy-nine of the Local Government Act, 1919, both inclusive, shall, mutat is mutandis, apply to such ordinances.
(b) Any officer of the Public Service
appointed to the service of the Board either before or after the commencement of this section sha l l—
(i) have the same right to consideration for any appointment in the Public Service as is pro vided by the Public Service Act, 1902, for an officer of the Public Sendee ;
(ii)
continue to contribute to the Superannuation Fund in accordance with the Superannuation Act, 191H, and be entitled to the benefits under that Act in respect of which he has
contributed;(iii) be entitled to retain any rights accrued or accruing under the Public Service Act, 1902, or any Act amending the same in respect of leave or otherwise.
Service in the Public Service shall be deemed service with the Board and the provisions of section fourteen of the Publ ic Service (Amendment) Act, 1919, shal l be deemed to extend to such officer.
(2)
(2) Any person appointed to any office on the staff of the Board under the provisions of subsection two of section seven of the Main Roads Act, 1924-1927, as or iginal ly enacted, and holding office at the commence ment of this section, shall be deemed to have been appointed under subsection two of section seven of the Main Roads Act, 1924-1927, as inserted by this section.
(3) This section shall commence on a day to be
appointed by the Governor, and proclaimed.
5. The Principal Act is further amended—
(a) (i) by inserting in subsection one of section
eight the words " and by the same or a subsequent proclamation give and notify numbers and names to each main r o a d " ;
(ii) by inserting at the end of the same section the following subsections :—
(8) It shall not be necessary to proclaim any correction of a route of a main road, or any relocation of or alteration to the route of any portion of a main road adopted by or with the approval of the Board for the purpose of securing better a l ignment or gradients, or making better provision for public service.
This subsection shall be deemed to have come into operation at the commencement of this Act.
(9) The Governor may, from time to
time, on the recommendation of the Board, reproclaim any main road, or the list of main roads, correcting or amplifying the particu lars , defining the routes, and rearranging the numbers and names of any main roads.
I t shall not be necessary for the Board togive any notice under section forty-four prior to such reproclamation. (b)
by inserting in subsection three of section nine after the word " M o u n t a i n s " the words " toge ther with that portion of the Bul l i Shire which is included in and within- the zig-zag section of the Bul l i Pass main road, and those
portions
portions of the Colo Shire and the Blaxland Shire which comprise main road number one hundred and eighty-four and the land ly ing between that road, and the Blue Mountains S h i r e " ;
(c) ( i) by omitting paragraph (c) of subsection
one of section ten ; and
(ii) by inserting at the end of the same subsec tion the following new paragraphs :—-
(li) loans raised by councils for the con struction of main roads in the county of Cumberland under the provisions of section 181c of the Local Govern ment Act, 1919;
(i) any moneys received by the Board from tolls, fees, or charges in connec tion with any bridge, ferry, or other thing in the county of Cumberland.
Where a bridge or ferry is a boundary work between the county of Cumberland and the country, one half the tolls or charges received there from shall be paid into the County of Cumberland Main Roads Fund.
(j)
Any moneys paid to the Board for the credit of that Lund in pursuance of
any Ac t ;
(d) by inserting at the end of section twelve the following new subsections :—
Aid Roads Fund established under tins Act Cumberland Main Roads Fund to the Federal (2) The Board shall pay from the County of such sums as, together with any moneys voted by Parl iament towards works carried out under the Federal Aid Roads Agreement, are necessary to provide the quota of State moneys required under that agreement against the expenditure of Commonwealth moneys on main roads in the county of Cumberland.
(3) The Board shall on the thirtieth day of J u n e in each year commencing on the thirtieth day of June , one thousand nine hundred and
thir ty-seven
thirty-seven, pay from the county of Cumber land Main Roads Fund into the sinking fund provided under the Federal Aid Roads Agree ment an amount equal to three pounds per centum per annum accruing from day to day on each amount of loan moneys included in an instalment provided by the State and expended on main roads in the county of Cumberland, unt i l the amount paid into the sinking fund under subclauses two and three of clause four of the said agreement is sufficient to repay the loan moneys so appropriated,
(e) (i) by omitting from subsection two of section thirteen the word and figures " 1923-21 and 1 9 2 4 - 2 5 " and by inserting in l ieu thereof the word and figures "and 1 9 2 3 - 2 4 " ;
(ii) by inserting after the word " roads " at the end of paragraph (a) of subsection four of the same section the words " prior to the first day of J u l y , one thousand nine hundred
and twen ty -e igh t " ; (iii) by inserting after subsection four of the same section the following new subsec tion :—
(4A) The Board shall each year pay to the Treasurer from the County of Cumber land Main Roads Fund for the credit of Consolidated Revenue Fund and General Loan Account respectively such sums as may be required to provide for interest and
repayment of loans appropriated for metro politan main roads after the first day of J u l y , one thousand nine hundred and twenty-eight , and required by the Treasurer to be repaid.
The terms and conditions of repayment
shall be as agreed upon by the Board and
the Treasurer.
6 . The Principal Act is further amended by inserting
next after section eighteen the following new sections :—
18A. (1) Every secondary road shall be main
tained by the council of the area in which it is
situated to the satisfaction of the Board.
(2)
(2) If the council fails to maintain any
such road, the Board may serve notice on the council requiring it to carry out, within a period to he named in the notice, such works of maintenance as are specified in the notice.
If the council fails to comply with any such requirement the Board may carry out such works.
(3) Any costs and expenses of carrying out
such works incurred by the Board shall he shared between the council and the Board in accordance with any agreement in that behalf, or, if there be none, in such proportions as the Board may decide :
Provided that the Board shall not require any council to contribute more than one-half of the cost of the work.
The council 's share shall be repaid to the Board by the council within three months after the demand by the Board.
18B. (1) The Governor may, on the recom mendation of the Board, proclaim any metropolitan main road to be a metropolitan State h ighway.
(2) The Governor may on the recommenda tion of the Board, by proclamation amend or rescind any such proclamation.
7. The Principal Act is further amended—
|
19. (1) This Part shall apply to all areas which are wholly or part ly outside the county
of Cumberland and in the Eastern and Central
Divisions of the State and to those parts ofthe municipalit ies of Balranald and Hillston which are in the Western Division of the State and shall apply in respect of the whole area or of the part, as the case may be.
(2) This Part shall apply to the
remaining portion of the Western Division to such extent and in such regard only as is specifically provided.
(b) ( i ) by omitting paragraph (b) of subsection one
of section twen ty ;
(ii)
(ii) by inserting the following new paragraphs at the end of the same subsection :—
(g) any moneys received by the Board from tolls, fees, or charges in connec tion with any bridge, ferry, or other th in" outside the county of Cumber- land. Where any bridge or fcrrv is a boundary work between the county of Cumberland and the country, one- half the tolls or charges received on account thereof shall he paid into the Countrv Main Roads Fund :
(h)
any moneys paid to the Board for the credit of that fund in pursuance of any Act.
(c) ( i ) by inserting in subsection one of section
twenty-one after the words "main tenance of country main roads " the words " includ ing those in the Western Division referred to in subsection four of this section;
(ii) by inserting after the Avord "roads " at the end of paragraph (a) of subsection two of the same section the words "pr io r to the first day of J u l y one thousand nine hundred
and twen ty -e igh t " ; (iii) by inserting at the end of the same section the following new subsections :—
Fund for the credit of Consolidated Kevenue the Treasurer from the Country Ma in Koads (8) The Board shall in each year pay to Fund and General Loan Account respec tively, such sums as may be required to provide for interest and repayment of loans appropriated for country main roads after the first day of J u l y , one thousand nine hundred and twenty-eight , and required by the Treasurer to be repaid. The terms, and conditions of such re payment -sha l l be as agreed upon by the Board and the Treasurer.
( 1 )
(4) After a date to be proclaimed the Board shal l pay annual ly to the Minister for Public Works from the Country Main Roads Bund the sum of one thou sand three hundred pounds for the assist ance of the councils of the munici palities of Bourke, Brewarrina, Broken Hi l l , Cobar, Wentworth, and Wi lcannia in the Western Division in the mainten ance and construction of those portions of proclaimed main roads within those municipali t ies.
(5) The Board shall pay front the Country Main Roads Fund to the Federal Aid Roads Fund established under this Act such sums as, together with any moneys voted by Par l iament and contributed by councils as provided for in this Part and Part V I A towards works carried out under the Federal Aid Roads Agreement, are necessary to provide the quota of State moneys required under that agreement against the expenditure of Commonwealth moneys incurred on main roads outside the county of Cumberland.
( 0 ) The Board shall, on the thirtieth day of J u n e in each year commencing on the thirtieth day of June , one thousand nine hundred and thirty-seven, pay from the Country Main Roads Fund into the
Aid Roads Agreement an amount equal sinking fund provided under the Federal to three pounds per centum per annum accruing from day to day on each amount of loan moneys included in an instalment provided by the State and expended on main roads outside the county of Cumber land until the amount paid into the sinking fund under subclauses two and three of clause four of the said agreement
is sufficient to repay the loan moneys so appropriated. . d)
(d)
by inserting the following new short headings and sections at the commencement of Division 3 of Part V :—
Classification of country main roads.
21A. (1) The Governor may, on the recom mendation of the Board, proclaim any country main road to he a country State h ighway or
a t runk road.
(2) The Governor may, on the recom mendation of the Board, by proclamation amend or rescind any such proclamation.
(3) The roads which may be recom
mended by the Board as t runk roads shall be the secondary avenues of road communication forming with the State h ighways and other trunk roads a framework of a general system of intercommunication throughout the State.
Country State highways.
21u. (1) The Board shall decide what works
of construction or maintenance shal l be carried
out on a country State h ighway.
(2) Before deciding, the Board shall
consider the representations, if any, of the councils of the areas in which the work wi l l be situated.
21c. (1) Where the Board has decided that any work of construction or maintenance is
necessary on a State h ighway the Board may, except where authorised by the Governor to carry out the work, offer to place the car ry ing out of the work in the hands of the council, and to make an agreement wi th the council accordingly.
(2) Where an agreement is made, the
Board shall pay the cost, or instalments thereof, from the Country Main Roads Bund to the council in trust, to be expended on the said
works
works in accordance with the agreement, and the council shall account to the Board therefor, provided that—
(a) where a country State highway coincides with any road of a city or town, a n d the Board decides to widen such road, the Board may arrange with any council through whose area the w i d e n i n g is carried out, to hear one-third of the cost of such widening ; and (b) where a country State highway coincides with any road of a city or town, and water or gas mains or other public uti l i t ies exist in the road, the Board m a y m a t e arrangements with the authority controlling the mains or public ut i l i ty for the removal of the mains or public ut i l i t ies to other positions in the road, and any council through whose area the removals take place shall, if the Board so requires it, reimburse the Board one-third of the costs and expenses so incurred by i t ; (c) any payment due to the Board in accordance with the preceding para graphs shall be paid to the Board by a council within three months after demand by the Board. (3) The Governor may, in any special case, direct that work be carried out by the Board.
(4) A l l work entrusted to a council
shall be carried out to the satisfaction of the
Board.2 I D . Where at the first day of J u l y , one thousand nine hundred and twenty-eight, any council owed the Board any sum of money in respect of the construction or reconstruction of any road which, prior to the first day of
J u l y , one thousand nine hundred and twenty-
nine, is proclaimed a country State highway, the Board shall, upon payment by the council of the instalments of interest and principal and
any
any additional sum which fell due before the former date, write off any remaining balance of the debt, and any agreement between the Board and any council Relat ing to such payments shall be cancelled, save so far as the agreement relates to works off that portion of the carr iage
way of the road with which the Board is con
cerned.
(e) by inserting the following short heading imme diately before section twenty-two :—
Trunk roads and ordinary main roads. (f) (i) by omitting subsection one of section twenty-four and by inserting in l ieu thereof the following subsection :—
(1) the Board shall not require any council or group of councils to contribute more than one-third in the case of a t runk road, or one-half in the case of an ordinary main road, of the cost of any work of con struction or maintenance for which assist ance is granted by the Board.
Where any portion of the cost of the work is contributed to by the Common weal th Government under the Federal Aid Roads Agreement, the council 's contribu tion shall not exceed the above proportions of the State 's share of such cost.
from councils to contribute a greater proThe Board may accept voluntary offers portion of the cost of a work than is prescribed in this subsection. The Board may also, where circum stances justify it, grant assistance to a greater extent than is so prescribed, even to the whole cost of a work. (ii) by inserting ill paragraph (a) of subsection two Of the same section, after the words "the work" the Words "the probable life of the work" ;
(g )
| (g) | by inserting after section twenty-seven the following new short beading and section :— |
Western Division.
27^. (1) Subject to the provisions of section
21D of this Act, any agreement entered into
between the Board and any of the councils of the municipali t ies of Bourke, Brewarrina, Broken Hil l , Cobar, Wentworth, and Wilcannia, prior to the commencement of the Main Roads (Amendment) Act, 1929, in connection with works of maintenance or construction on main roods within those municipali t ies shall be carried out.
(2 The Board shall not be concerned
to see to the application of any moneys paid to any such council by the Minister for Public Works out of the amount paid by the Board to him in pursuance of section twenty-one, and the responsibility for i ts proper application shall rest upon the said Minister.
8 , The Principal Act is further amended—
(a) by inserting after section twenty-nine the following new section :— 29A. (1) Any bridge which is a national work and which is part of a developmental road
may by proclamation be handed over either
temporarily or permanently to the Board,' and shall thereupon be maintained, managed, and administered by the Board, and shall cease either temporarily or permanently to be a
national work. . (2) The cost of such maintenance, management, and administration shall be defrayed out of the Developmental Roads Fund.
(b) by inserting in subsection four of section thir ty after the word " m o n e y s " the words " appropriated by Parliament prior to the first day of J u l y , one thousand nine hundred and
twenty-eight , or expended as part of the 1926-27 and 1927-28 Federal Aid Roads programmes."
9 . The Principal Act is further amended by insert ing
at the end of Par t VI the following new Part :—
P A R T V I A .
F E D E R A L A I D R O A D S A G R E E M E N T . D I V I S I O N I — A p p l i c a t i o n of Fart.
31A. This Par t shall apply to a l l works carried
out under the Federal Aid Roads Agreement,
including works in the AVestern Division.
DIVISION* I I — F e d e r a l Aid Roads Fund. Receipts.
31 is. There shall be a Federal Aid Roads Fund
consisting of—
(a) the moneys paid to the State of New South Wales by the Government of the Commonwealth of Aus t ra l ia under the terms of the said agreement ; (1)) such sums as may be appropriated by Par l iament from revenue for Federal Aid
Roads subs idy;
(c)
loans raised under any Loan Act and appro priated by Par l iament for Federal Aid Roads subsidy;
(d) moneys transferred from the county of Cumberland Main Roads Fund ;
(e) moneys transferred from the Country Main Roads Fund ; (f) contributions by councils towards Federal Aid Road work on country main roads; (g) a sum not less than twenty thousand pounds to be appropriated by Par l iament each year for eight years commencing the first day of J u l y , one thousand nine hundred and twenty-
eight, for Western Division roads subsidy.
Expenditure
Expenditure.
31c. (1) The Federal Aid Roads Fund shall be used by the Board for the permanent improvement of roads included in the Federal Aid Roads pro gramme in any part of the State , including the Western Division, and for a proportion of the salaries and expenses of the Board and its staff and of any additional administrative expenses either of the Board or of councils to whom grants are made from the Federal Aid Roads Funds as provided in the Federal Aid Roads agreement.
(2) The Board shall pay to the Minister for
Publ ic Works from the Federal Aid Roads Fund for the construction of roads in the Western Division (excluding any part of the municipalities of Bal rana ld and Hillston) the sum of seventy thousand pounds annual ly for a period of nine years commencing at first day of J u l y , one thousand nine hundred and twenty-seven.
Federal aid road works.
31D. (1) The whole of the works carried out in the Eastern and Central Divisions of the State shall be carried out in accordance with and subject to the appropriate provisions of other Parts of this Act, as they relate to contributions by and assistance to councils and the carrying out of works, according to whether the works are on State highways, t runk roads, ordinary main roads, or developmental roads or in or outside the county of Cumberland, and the conditions of maintenance which apply to t runk
roads, and to ordinary main roads outside the
county of Cumberland, and to developmental roads
general ly , shall apply to al l works carried out on
such roads.(2) In connection with work done in the
Western Division under the Federal Aid Roads
Agreement—{&) the Under-Secretary for Public Works shal l submit to the Board the necessary statements, drawings, specifications, estimates, certi ficates, and any other information which may
E be be necessary for inclusion by the Board in its proposals to the Minister for programmes under that Act ;
(b)
the Under-Secretary for Public Works shall submit to the Board such details and certificates of any expenditure as may be required by the Commonwealth Government under the Federal Aid Roads Agreement ;
(e)
the responsibility Tor ensuring that the works done are satisfactorily carried out shall rest with the Minister for Public Works.
1 0 . The Principal Act is further amended —
(a) by inserting in subsection one of section thirty-two after the word " m a i n " the word "secondary " ; (b) by inserting at the end of section thirty-three the following new subscetion :—• (3) When; a country main road passes through a city or town, any works for the construction or maintenance of the carriage
way shall, except in special cases approved by
the Board, be limited to those which are necessary* to provide a total width of road pavement of twenty feet,
(e) by inserting at the end of section thirty-nine the following new subsection : — (C) Where any sign or hoarding has been erected within the l imits of any main road, whether with the permission of the council or not, the Board may, in any case where in the
opinion of the Board the sign or hoarding is prejudicial to the safety of the travel l ing public direct the person responsible for its erection to remove it forthwith or within such period as the Board may fix, and such removal shall be done at the expense of the said person.
1 1 . The Principal Act is further amended—
(a) (i) by omitting from paragraph (b) of sub
section one of section forty-four the words " Part V " and by inserting in l ieu thereof the words " section twenty-six " ;
(ii)
(ii) by omitting paragraph (c) of the same" subsection;
(iii) by inserting at the end of the same sub section the following words : " Where any council has informed the Board in writ ing
that i t concurs in the proposal no such
notice shall be necessary."
(b) by omitting section forty-six and by inserting in l ieu thereof the following section :— 46. (1) Where any matter or thing is by or under this Act directed or forbidden to be done or where the Board is authorised by this Act to direct any matter or thing to be done or to forbid any matter or thing to be done and such matter or thing if so directed to be done remains undone or if so forbidden to be done is done, i l ien in every such case every person (including a council) offending against such direction or prohibition shall be gu i l ty of an offence under this Act.
(2) The Board may at its discretion prior or subsequently to or in l ieu of prosecut ing for such offence do any such matter or thing and recover the costs and expenses thereof from such person in any court of competent jurisdiction.
(3) Each person gui l ty of an offence under this Act shal l for every such offence be l iable to the penalty expressly imposed, and if no penalty is so imposed, to a penalty not exceeding fifty pounds and to a further daily
penalty not exceeding two pounds, and such penalty may be recovered by the Board. (4) Al l costs, charges, expenses, or penalties recovered by the Board under this section shall be paid into the appropriate Main Roads Fund.
(c)
by omitting subsection one of section forty- nine and by inserting in l ieu thereof the following new subsection :—
(1) The Governor may, on the application of
the Board, resume or appropriate land for the
purpose of this Act, and may by proclamation
vest
vest the whole or part of such land in the Board, and may by the same or any subsequent p r o c l a m a t i n declare the whole or part of suck land to be a public so 1 or public reserve, and may, if the Board so recommends, place it under the control of the council.
Such resumption or appropriation may be made in accordance with the provisions of the Publ ic Works Act, 1912 (and any Acts amend ing that Act) , mutat is mutandis, and for That purpose the Board shall be the "Const ruct ing Authori ty ," and shall take the place of the Minister for Public Works : Provided that it shall not be compulsory for the Board to take the whole of any parcel of vacant land in a case where the Board requires a portion only, except where the residue so left would he less in area than is required by the council for a building allotment and the owner so desires.
(d) By adding at the end of section fifty-three the following new subsections:— (7) Upon such suspension the care, control and management of the Botany Bead shall , subject to this Act, revert to the councils of the areas through which the road passes as if the Botany Road Trust Constitution Act, 1922, had not been passed.
(8) Upon such suspension all assets and
l iabil i t ies of the Botany Road Trust shall be
assets and l iabil i t ies of the Board, and all debts due to the Trust may be collected and recovered by the Board as debts due to it.
1 2 . The Principal Act is further amended by
inserting after section fifty-four the following new
sect ions:—
(55) In any agreement made between the Minister and any council, before the commence ment of this Act, in relation to the repayment by the council of moneys provided by the Government for the improvement of roads which are now country main roads or developmental roads, the Board shal l
be
be deemed to be and to have been substituted for the Minister, and any moneys repaid by the council under the agreement shall be paid into the appro priate fund under this Act.
56. The payment to councils by the Board from the Developmental Roads Fund of moneys in respect of grants allotted before the commencement of this Act from Commonwealth and State votes for roads of a developmental character, but not proclaimed to be developmental roads, is hereby validated.
57. The action of the .Minister for Local Govern
ment in wri t ing off the debt of the council of the municipal i ty of Granville under the agreement of the fifteenth day of J a n u a r y , one thousand nine hundred and twenty-l ive, between that council and the said Minister relating to the reconditioning of Parramat ta Road, is hereby validated, and section thirteen of this Act shall be deemed to extend to such debt.
58. The levying by the Bul l i Shire Council in the year one thousand nine hundred and twenty-
six of a local rate in Riding C of the shire to make a contribution to the Board towards the cost of re
construction of Prince's Highway is hereby vali
dated.59. There shall be paid by the Treasurer to the County of Cumberland Main Roads Bund, the Country Main Roads Fund, and the Federal Aid Roads Fund interest at such rate per centum per annum as shall he agreed upon by the Treasurer and the Board on the monthly balance of each
Account. fund held in the Treasurer's Special Deposits CO. (1) The Board may, with the approval of the Governor, levy tolls and charges in connection with
traffic across any bridge or ferry which may be constructed or established under the provisions of this Act upon any metropolitan main road or Country State h ighway.
(2) The Board may lease the running of any such ferry and the collection of tolls and charges on any such bridge or ferry by public tender on such terms as the Board may decide.(3)
(3) .All moneys received from tolls or charges
collected or from the leasing of any ferry shall be
paid into the appropriate Main Roads Fund.
(4) (a) Upon the recommendation of the Board ordinances may be made under the Local
Government Act, 1919. for and with respect to—(i) the fixing of the amounts of the tolls and charges to be imposed by the Board or by any lessee acting under agreement with the Roard;
(ii) the control, management, maintenance and protection of the bridge or ferry ;
(hi) the regulation, restriction or suspension of the use by the public of the bridge or ferry,
(b) The provisions of sections five
hundred and seventy-five to live hundred and seventy-nine of the Local Government Act, 1919,
both inclusive, shall, mutat is mutandis, apply to
ordinances made as aforesaid.
61 . (1) Where for the purposes of widening a mam road a part only of any house, factory, or
other build in ̂ is resumed, appropriated, or pur
chased by the Board, the owner thereof at the time of such resumption, appropriation, or purchase, shall be entitled to make any replacements, altera tions, and extensions to the house, factory, or building in materials similar to and of the qual i ty of the materials of the several parts replaced, altered, or extended, and so far as the class or qual i ty of such materials is concerned, the pro visions of the Local Government Act, 1919, and
any ordinances thereunder with regard to buildings
and any building regulations of the council in whose area such resumption, appropriation, or purchase
has been made shall not apply, provided thai —(a) such action shall be limited to the re-estab lishment of accommodation not greater than that which existed prior to the resumption,
appropriation, or purchase; and
(b)
the owner shall not be entitled to take advantage of this subsection for the purpose of rebuilding anv house, factory, or bui lding which has been entire! v demolished.
(2)
(2) Where for the purpose of widening a main road, the whole of any house, factory, or other building is resumed, appropriated, or purchased by the Hoard, and if in the opinion of the Board it is necessary to demolish a part thereof only, the Board may—
(a) arrange such demolition and make such alterations or extensions to the residue as it thinks fit, the provisions of the Local Govern ment Act, 1919, and any ordinances thereunder, or any building regulations of the council notwithstanding;
(b) sell any residue not required for road purposes, either with or without the con dition that the purchaser shall remove from the land required for road purposes the
portion of the house, factory, or building
thereon, and the purchaser shall be entitled to make any replacement, alteration, or extension to the residue in the same; manner as if an owner from whom the land was resumed, appropriated, or purchased.
62. If any council fails to make any contribution under this Act on the due date or fails to pay on the due date any instalment in pursuance of any agreement made under this Act, such contribution or instalment shall from and after the due date for payment thereof bear interest a t the rate of six per centum per annum, and such interest shall be considered as accruing from day to d a y : Provided
that the Board may in any case remit the payment
of such interest wholly or in part or may grant an
extension of time for the payment of all or any partof such interest.
1 3 . The Local Government Act, 1919, as amended
b y subsequent Acts, is amended—
(a) (i) by inserting at the end of subsection
one of section 181c the following words :—
Provided that the Governor's approval
under this section shall not be given to anyfurther loans after the thirtieth day of June ,
one thousand nine hundred and t h i r t y ;
(ii)
(ii) by inserting after subsection four of the same section the following new subsec- tion : —
(1A) AY he re the construction of the main road is carried out by the Main lloads Board of New South AYales, the moneys from such loan shall be paid into the County of Cumberland Alain Koads bund.
(1B) Any such lean may be repaid by the Alain Roads Board of New South Wales direct to the lender ;
(b)
by inserting at the commencement of sub- section one of section one bundled and eighty-three the words '* subject to the provisions of this Act."
0
0
0