Main Roads (Amendment) Act 1936 (NSW)
MAIN ROADS (AMENDMENT)
ACT.
Act No. 40, 1936.
An Act to amend the Main Roads Act, 1924- 1931, the Sydney Harbour Bridge Act, 1922, and certain other Acts in certain respects; to validate certain matters; and for pur poses connected therewith. [Assented to, 27th July, 1936.]
BE it enacted b y the King 's Most Excellent Majesty, lative Council and Legislative Assembly of New South b y and with t h e advice and consent of t he Legis
Wales in Par l iament assembled, and by the au thor i ty of the same, as follows :—
1 . (1) This Act may be cited as the " Main Roads
(Amendment ) Act, 1936."
(2) The Main Roads Act, 1924-1931, as amended by subsequent Acts , is in this Act re fer red to as the P r i n cipal Act.
(3) The Pr inc ipa l Act as amended by this Act m a y be cited as the Main Roads Act, 1924-1936.
2 . The Pr inc ipa l Act is amended—
(a) by omit t ing from subsection two of section one the words "munic ipa l i t i e s of Ba l r ana ld and Hill- ston which a r e in the W e s t e r n Division of the S t a t e , " and by inse r t ing in l ieu thereof the
(ii)
words " W e s t e r n Division of the S ta t e which are wi thin the a reas of mun ic ipa l i t i e s ' ' ;
(b) (i) by inserting in section three after the de
finition of " B o t a n y R o a d T r u s t " the fol lowing new definition:—
" C o m m i s s i o n e r " means the Commis
sioner for Main R o a d s appoin ted unde r the T r a n s p o r t (Division of
Func t ions ) Act, 1932.
(ii) by inserting in the same section after the
definition of "Deve lopmenta l r o a d " the following new definition:— "Deve lopmenta l w o r k " means any work upon a road, route or means of access declared to be a developmental work under this Act or any p a r t of such developmental work.
(iii) by inserting at the end of the same section the following new subsection:—
W h e r e any road which passes th rough a public reserve and connects with a main road has , a l though the same is not a public road, been proclaimed to be a main road, then in the applicat ion of any provision of this Act to or in respect of such road, unless the context or subject m a t t e r otherwise in dicates or requi res—
(2)
(a)
a reference to the council shall be construed as a reference to the t rus tees of such public r e se rve ; and
(b)
a reference to the area of the council shall be construed as a re ference to such public reserve.
3 . (1) The Pr inc ipa l Act is fur ther amended—
(a)
by inserting at the end of subparagraph (iii) of p a r a g r a p h (b) of subsection two of section seven the words " a s if he had continued as an officer
of the public s e r v i c e " ;
(b) by omit t ing from the same p a r a g r a p h the words " S e r v i c e in the public service shall be deemed service with the b o a r d " and by inser t ing in lieu thereof the words " S e r v i c e with the board shall be deemed service in the public se rv ice . " (2) Subsection one of this section shall be deemed to have commenced on the first day of Ju ly , one thousand nine hundred and twenty-nine.
(3) The Pr inc ipa l Act is fur ther amended by in
se r t ing a t the end of subsection four of section seven
the words " a n d the Developmental Roads F u n d . "
4 . The P r inc ipa l Act is fur ther amended— (a) by inserting next after section seven the follow ing new sect ion:— 7A. (1) A Commissioner or an Ass i s tan t Com miss ioner appoin ted under the T r a n s p o r t (Divi sion of Func t ions) Act, 1932, and every officer who has had fifteen y e a r s ' service shall be; enti t led to three m o n t h s ' leave on full pay or six months on half pay , and on the completion of twenty y e a r s ' service shall be entit led to a fu r ther th ree m o n t h s ' leave on full pay or six months on half pay.
Af te r completion of fur ther service af ter twenty yea r s and u p to a to ta l service of for ty yea r s in all he shall be enti t led to a fur ther p ro por t iona te amount of leave on full pay or half p a y calculated on the basis of six months or twelve months respect ively for twenty y e a r s ' service.
(2) A Commissioner, an Ass i s tan t Com missioner or an officer who has acquired a r ight to extended leave wi th pay and who re t i res from his office or from the service of the Com miss ioner shall be pa id for thwith in lieu of such leave the money value thereof as a g ra tu i ty in addi t ion to any g r a tu i t y to which he m a y other wise be entit led.
Any pension to which any such Commissioner,
Ass i s t an t Commissioner or officer is enti t ledunde r the Superannua t ion Act, 1916-1935, shall
commence from the da te following tha t upon which his extended leave, if taken, would have te rmina ted . (3) Any pension to which any officer re fe r red to in subsection two of this section is enti t led under the Civil Service Act 1884, shall commence from the da te following tha t upon which his extended leave, if taken, would have te rmina ted . (4) A Commissioner or Ass i s tan t Com
miss ioner appoin ted unde r the T r a n s p o r t
(Division of Func t ions) Act, 1932, who, before
his
his office as Commissioner or Ass is tan t Com miss ioner expires is appointed by the Governor to any office under any Act, shall be entit led to continue to contr ibute to any superannua t ion fund or account to which he was, immediately before such last-mentioned appointment , a con t r ibu tor , and shall be entit led to receive any deferred or extended leave or any payment in respect thereof in the same manne r and to the same extent as he would have been enti t led to contr ibute to such fund or account or to receive such leave or payment in respect thereof if he had continued in office as such Commissioner
or Ass is tan t Commissioner. F o r such purposes his service in any office to which he may be so appointed shall be deemed to be service as such Commissioner or Ass i s tan t Commissioner as aforesaid.
This subsection shall be deemed to have com menced on the twenty-ninth day of Apr i l , one thousand nine hundred and thirty-five.
(5) F o r the purpose of this section ser vice shall include aggrega te yea r s of service ei ther before or after the commencement of the Main Roads (Amendment) Act, 1936, of—
(a) a member of the boa rd ;
(b) a T r a n s p o r t Commissioner appointed
unde r the Minis t ry of T r a n s p o r t Act, 1932;
(c) a Commissioner or Ass i s tan t Commis
sioner appoin ted under the T r a n s p o r t (Division of Funct ions) Act, 1932;
(d) an officer or employee of the board or of
the T r a n s p o r t Commissioners of New South Wales or of the Commissioner ;
and, where any such Commissioner, Ass i s tan t Commissioner, officer, or employee was, imme diately before his appointment to the board or as a T r a n s p o r t Commissioner, an officer or em ployee of the Public Service, shall include aggre gate yea r s of service in the Public Service.
Nothing
Nothing in this section contained shall affect or l imit the r igh ts conferred by any other p ro vision of th is Act on officers of the Public Ser vice appoin ted as members of the board or as T r a n s p o r t Commissioners or to the service of the board or of the T r a n s p o r t Commissioners of New South Wales or of the Commissioner.
(b) by omitting from section two from the matter re la t ing to P a r t I I the figure " 7 " and by in ser t ing in lieu thereof the figure and let ter " 7 A . "
The Pr inc ipa l Act is fur ther amended by inser t ing in subsection one of section eight after the words " p u b l i c r o a d " the words " o r any road, al though the same is not a public road, which passes th rough a public reserve and
5 .
connects wi th a main r o a d . " (1) The Pr inc ipa l Act is fur ther amended by omit t ing from p a r a g r a p h (a) of subsection one of section ten 6 .
the words " a f t e r deduct ing a sum fixed by the T reasu re r , not exceeding five per centum thereof, for cost of collec t ion (which shall be pa id to Consolidated Revenue F u n d ) . "
(2) Subsection one of this section shall be deemed to have commenced on the first day of J a n u a r y , one thousand nine hundred and thir ty-six.
7 . (1) The Pr inc ipa l Act is fur ther amended by insert
ing a t the end of subsection three of section eleven the
following new p rov i so :—
" P r o v i d e d fu r the r tha t a council may, with the approva l of the board , pay the contr ibut ion for the
financial year ending on the thirty-first day ofDecember, one thousand nine hundred and th i r ty - two, or for any financial year subsequent there to , under such conditions and a t such t imes (whether by way of monthly ins ta lments or otherwise, a n d whether in the year in which the contr ibut ion be comes due and payable or in any subsequent y e a r )
as the board m a y a p p r o v e . "
(2) Subsection one of this section shall be deemed to have commenced upon the thir ty-first day of Decem ber, one thousand nine hundred and thir ty-one.
(3)
(3) The Pr inc ipa l Act is fur ther amended— (a) by omitting from subsection seven of section eleven the word " s h a l l " and by inser t ing in
lieu thereof the word " m a y " ; (b) by inserting in the same subsection after the words " c o u n t y of C u m b e r l a n d " where th i rd ly occurr ing the words " o r may be added to any ra t e levied for genera l purposes upon such
ra tab le lands or ra table p r o p e r t y . "
8 . (1) The Pr inc ipa l Act is fu r ther amended by in ser t ing next af ter subsection one of section twelve the following new subsection:—
(1A) The County of Cumberland Main Roads F u n d may also be used for works of construct ion or maintenance on roads other than main roads in the county of Cumberland where—
(a) the Commissioner is required or authorised by this or any other Act to ca r ry out such
works ; and (b) such works are carried out upon roads situ ated within the county of Cumberland.
(2) Subsection one of this section shall be deemed to have commenced on the first day of Ju ly , one thousand nine hundred and thirty-five.
(3) The Pr inc ipa l Act is fur ther amended by
omit t ing subsections two and three of section twelve.
| 9 . The Pr inc ipa l Act is fur ther | amended— |
(a) by omitting from the heading to Division 3 of P a r t I V the words " m a i n road w o r k " and by inser t ing in lieu thereof the words " S t a t e high
ways and main r o a d s . " (b) by omitting sections fourteen and fifteen and by inser t ing in lieu thereof the following new sec
t ions :— 14. (1) The Commissioner shall decide what works of construction or of maintenance shall be carr ied out on or in respect of a metropol i tan S ta t e highway or a metropol i tan main road.
(2)
(2) Before so deciding the Commissioner
shall consider the represen ta t ions (if any) ofthe councils of the a reas in which the works will
be s i tuated. 15. (1) "Where the Commissioner has decided tha t any work of construct ion or of maintenance is necessary he may (except when otherwise author ised by the Governor) offer to place the ca r ry ing out of the work in the hands of the council and m a y make an agreement with the council accordingly.
This subsection shall extend to works for the construct ion and maintenance of a road which passes th rough a public reserve and connects with a ma in roa d and which has , a l though the same is not a public road , been proclaimed to be a ma in road. I n any such case the offer m a y be made to and the agreement may be made with the council within whose a r ea the public reserve is s i tuated or to or with any other council.
(2) The Governor m a y in any special case direct tha t work be car r ied out by the Com missioner .
(3) W h e r e an agreement is made unde r subsection one of this section the Commissioner shall pay the cost (or ins ta lments thereof) from the County of Cumber land Main Roads F u n d to the council in t rus t , to be expended on the said
works in accordance with the agreement , and the council shall account to the Commissioner therefor. (4) All work en t rus ted to a council shall be car r ied out to the sat isfact ion of the Com missioner.
(5) W h e r e in consequence of any works of construct ion or of main tenance car r ied out, by or a t the request of the Commissioner, on or in respect of a met ropol i tan S ta te h ighway or a met ropol i tan ma in road , it becomes necessary to
make
make any a l te ra t ions in any side road the Com missioner shall pay, f rom the County of Cumber land Main Roads Fund , the cost of so much of such a l te ra t ions as is a t t r ibutable to such works of construct ion or of maintenance.
(6) (a) The Commissioner may requi re a council to pay a contr ibut ion towards the cost of works of dra inage , kerbing, or gu t t e r ing or of construct ion and pav ing of footways carr ied out by or a t the request of the Commissioner on or in respect of a met ropol i tan S ta te h ighway or main road.
A council may be requi red to pay a contribu t ion under this subsection towards the cost of a work of dra inage , which serves to d ra in por t ion of the a r ea of the council outside the limits of the S ta t e h ighway or main road whether or not such work is wholly or pa r t ly outside the a rea of the council.
A council m a y be requi red to pay such sum as the Commissioner may consider reasonable, as a contr ibut ion towards the cost of construct ing or paving the footway on a br idge s i tuated wholly or pa r t ly within the area of the council whether such sum be g r ea t e r or less than the actual cost of such of the works as a re car r ied out in the a rea of t ha t council.
(b) Any contr ibut ion required to be pa id by a council under this subsection shall not exceed—
(i) in respect of any works of drainage, the p ropor t ion of the cost thereof which the discharge of s to rmwate r from the a rea of the council outside the l imits of the Sta te h ighway or main road bears to the to ta l d ischarge of s to rmwate r from the to ta l a r ea to be served by the said w o r k s ;
(ii)
in respect of kerbing and guttering, three- qua r t e r s of the cost thereof constructed, on the same side of the road as and ad jacent to any land pr iva te ly owned where no kerbing a n d / o r gu t t e r ing previously
existed
existed or where kerbing a n d / o r gu t te r ing existed but no contr ibut ion in respect thereof has previously been pa id by a n owner of such land, and one-half of the cost of const ruct ing kerbing and gut te r ing on the same side of the road as and adjacent to any public reserve where no kerbing a n d / o r gu t t e r ing previously exis ted;
(iii) in respect of construction and paving of footways (including footways on br idges) the cost of construct ing and paving the footway where the footway was not p r e viously const ructed a n d / o r paved, or the cost of any widening of the footway;
(c) Before any work towards the cost of which the Commissioner proposes to require a n y council to make a contr ibution under this subsection is proceeded with the Commissioner shall furnish to the council p lans and specifica t ions of the proposed work and shall serve notice upon the council of his proposa ls and the es t imated amount of such contribution, and shall consider the representa t ions (if any) of the council in connection therewith.
Any such represen ta t ions shall be made in wr i t ing not la ter than three months af ter the da te of service of such notice on the council.
I f within three months af ter the date of service
of notice of such proposa ls on the council no such
represen ta t ions have been made by the council to the Commissioner the work may be proceeded
with.
W h e r e any represen ta t ions a re so made the Commissioner shall within one month af ter the receipt by him of such representa t ions , or in any case where the council has , in such represen ta t ions, notified the Commissioner tha t it desires to be hea rd and to call evidence in respect of the mat te r , within one month af ter hea r ing the coun cil, inform the council in wr i t ing of his decision thereon.
(d)
(d) Any payment due to the Com miss ioner by way of contr ibut ion unde r this sub section shall be paid to the Commissioner by the council—
(i) in any case where the contr ibut ion exceeds one thousand pounds , by instal ments of such amounts and payable over such per iod not exceeding five yea r s as may be agreed between the council and
the Commissioner ; (ii) in any other case, within throe months
af ter demand by the Commissioner or within such fur ther t ime as the Commis sioner may allow.
(e) W h e r e any difference ar ises be tween the council and the Commissioner in re spect of any th ing done or proposed to be done under this subsection or of the applicat ion of this subsect ion or of the amount of contr ibut ion pay able to the Commissioner or of the per iod dur ing which ins ta lments of any such amount shall be pa id or as to the extent to which any a l tera t ions in any side road a rc a t t r ibutable to any works of construct ion or of maintenance carr ied out by o r a t the request of the Commissioner on or in respect of a metropol i tan S ta te h ighway or a met ropo l i t an main road, such difference shall be submit ted to a dis t r ic t court judge nominated for tha t purpose by the Governor to act as a rb i t r a to r .
The Arb i t ra t ion Act, 1902, shall not apply to
a n y submission to a distr ict court judge under
th i s p a r a g r a p h . Rules of court may be made by the judges of t he dis t r ic t cour ts under the Dis t r ic t Cour ts Act, 1912-1936, regula t ing the procedure in connection, wi th any such submission and all other ma t t e r s connected with or a r i s ing out of any such sub mission, in respect of which it may to them appea r necessary or convenient to make rules of court.
u The The decision of the judge in respect of any difference submit ted to h im for a rb i t r a t ion shall, be final bu t no a w a r d as to costs of the council or of the Commissioner shall be made and the judge shall for the purposes of such a rb i t r a t ion have the same powers of p rocur ing the at tend ance of witnesses and the product ion of documents as if the proceedings were an action
in the d is t r ic t court . I n the case of the dea th or inabi l i ty to act of
the judge nominated as a r b i t r a t o r the Governorm a y nominate a dis t r ic t cour t judge to act as a
new a rb i t r a to r . (c)
by omitting from section two from the matter re la t ing to Division 3 of P a r t I V the words " m a i n road w o r k " and by inser t ing in l ieu thereof the words " S t a t e h ighways and main r o a d s " ;
(d) (i) by omit t ing from subsection one of section
nineteen the words " a n d to those p a r t s ofthe municipal i t ies of Ba l r ana ld and Hil ls ton
which a r e in the W e s t e r n Division of the S t a t e " ; (ii) by inserting at the end of the same sub section the words " a n d shall also app ly to those por t ions of the W e s t e r n Division of the S ta te which a r e within the a reas of munic ipa l i t i e s . "
1 0 . (1) The P r i n c i p a l Act is fu r ther amended by
omit t ing from p a r a g r a p h (a) of subsection one of section twenty the words " a f t e r deduct ing a sum fixed by the T rea su re r , not exceeding five pe r centum thereof, to cover cost of collection (which shall be pa id to Consoli
da ted Revenue F u n d ) . " (2) Subsection one of th is section shall be deemed to have commenced upon the first day of J a n u a r y , one thousand nine hundred and thir ty-s ix.
1 1 . (1) The P r inc ipa l Act is fu r the r amended by in
se r t ing next a f te r subsection one of section twenty-one
the following new subsection:—
(1A) The Count ry Main Roads F u n d m a y also be
used for works of construct ion or main tenance on
roads
roads o ther t han country main roads (including those in the Wes t e rn Division re fer red to in subsec t ion one of this section) where—
(a) the Commissioner is required or authorised by this or any other Act to ca r ry out such
works ; and (b) such works are carried out upon roads situ a ted outside the county of Cumberland.
(2) Subsection one of this section shall be deemed to have commenced on the first day of Ju ly , one thousand nine hundred and thirty-five.
(3) The Pr inc ipa l Act is fu r ther amended by omit t ing from subsection (3A) of section twenty-one the words " o n loans app rop r i a t ed for count ry main roads or F e d e r a l Aid Roads in the Wes t e rn Division, af ter the thirty-first day of December, one thousand nine hundred and twenty-four, and before the first day of Ju ly , one thousand nine hundred and twen ty-e igh t , " and by
| inse r t ing in lieu thereof | the | following | p a r a g r a p h s : — |
(a)
on loans appropriated for country main roads af ter the thir ty-first day of December, one thou sand nine hundred and twenty-four, and before the first day of Ju ly , one thousand nine hundred
and twenty-eight ; (b)
on loans app rop r i a t ed for F e d e r a l Aid Roads in the Wes t e rn Division af ter the thirty-first day of December, one thousand nine hundred and twenty-four, and before the first day of Ju ly , one thousand nine hundred and thir ty-one.
(4) Subsection three of this section shall bo
| deemed to have commenced on the first day of Ju ly , one | |
| thousand nine hundred and | th i r ty- three . |
(5) The Pr inc ipa l Act is fur ther amended— (a) by inserting in subsection four of section twenty- one after the words " t o be p r o c l a i m e d " the words " a n d unt i l the th i r t ie th day of June , one
thousand nine hundred and th i r ty - f ive" ; (b) by omitting from subsection (4A) of the same
section the words " th i r ty- f i r s t day of December,
one thousand nine hundred and th i r ty - s ix , " and by inser t ing in lieu thereof the words " t h i r t i e t h day of J u n e , one thousand nine hundred and
th i r ty - f ive" ; (c)
(c) by inserting in subsection seven of the same
section a f te r the word " t h i r t y - t h r e e " the words
" a n d ending on the th i r t ie th day of J u n e , one
thousand nine hund red and th i r ty - f ive" ; (d) by inserting at the end of the same subsection
the following new p a r a g r a p h : — There shall, for the per iod commencing on the first day of Ju ly , one thousand nine hundred and thirty-five and ending on the thirty-first d a y of December, one thousand nine hundred and thirty-five, be provided from the Count ry Main Roads F u n d for the construct ion of develop mental roads and developmental works the sum of sixty-seven thousand five hundred pounds.
(6) Subsection five of this section shall be deemed to have commenced on the th i r t ie th day of Ju n e , one thousand nine hundred and thirty-five.
(7) The Pr inc ipa l Act is fur ther amended— (a) by inserting in subsection one of section twenty-
one af ter the word " s e c t i o n " the words " a n d in section sixty-five of this A c t " ;
(b)
by omitting subsections five and six of the same section.
1 2 . The Pr inc ipa l Act is fur ther amended—
(a) by emitting from subsection one of section
twenty-four the word " o n e - t h i r d " and by in
ser t ing in lieu thereof the word " o n e - q u a r t e r " ; (b) by omitting from the same subsection the word
"one -ha l f " and by inser t ing in lieu thereof the
word " o n e - t h i r d " ;
(c) by omit t ing from p a r a g r a p h (a) of subsection two of the same section the words " ( n o t less
than one y e a r ) " ;
(d) by omit t ing p a r a g r a p h (b) of subsection five of the same section and by inser t ing in lieu thereof
the following new p a r a g r a p h : — (b) The amount of any contr ibut ion by a coun cil under this P a r t may be pa id in the first place from the general fund (or in the case of a main road in an u rban area from the a p p r o p r i a t e fund
of
of the u rban a r ea ) a n d may be ra ised by a separa te special or local r a te . W h e r e ra ised by a separa te special or local r a t e i t m a y be used to recoup the genera l fund (or a p p r o p r i a t e fund of an u rban a rea as the case may be) to the extent of the amount of contr ibut ion paid therefrom. Any such separa te special or local r a t e may be levied notwi ths tanding tha t thereby the ra tes levied shall to t ha t extent exceed any limit of r a t e s laid down by or under the Local Govern ment Act, 1919, or any other Act.
1 3 . The Pr inc ipa l Act is fur ther amended—
(a) by omit t ing the heading "DEVELOPMENTAL R O A D S " at the commencement of P a r t V I and by
inser t ing in lieu thereof the heading " D E V E L O P
MENTAL ROADS AND DEVELOPMENTAL W O R K S " ; (b) (i) by omit t ing from subsection one of section twenty-eight the words " a n y r o a d " and by inser t ing in lieu thereof the words " o r as a developmental work (as the case may be)
any road or w o r k " ; (ii) by inserting in subsection two of the same
section af ter the words "deve lopmenta l
r o a d " wherever occurr ing the words " o r
developmental w o r k " ; (iii) by inserting in the same subsection after the
words " s u c h r o a d " the words " o r w o r k " ;
(c) (i) by omit t ing from p a r a g r a p h (a) of sub section one of section twenty-nine the
p u r p o s e " and by inser t ing in lieu thereof words " o r the Publ ic W o r k s F u n d for this the words " f o r the purposes of develop
menta l roads or developmental w o r k s " ; (ii) by omit t ing p a r a g r a p h (b) of the same sub section and by inser t ing in lieu thereof the
following p a r a g r a p h : —
(b)
any sums apportioned for develop mental roads and developmental works from moneys g ran ted by the Government of the Commonwealth of
Aus t ra l ia for road wor ks ; (iii)
(iii) by inser t ing in p a r a g r a p h (c) of the same subsection af ter the words "deve lopmenta l r o a d s " the words " o r for developmental w o r k s " ;
(iv) by inserting in subsection two of the same section af ter the words "cons t ruc t ion of de velopmental r o a d s " wherever occurr ing
the words " a n d developmental w o r k s " ; (v) by omitting from the same subsection the word " r o a d s " where las t ly occurr ing and by inser t ing in lieu thereof the words
' ' r oad w o r k s ' ' ; (vi) by inserting at the end of subsection three of the same section the following new p a r a
g r a p h :— No sums shall be payable under this sub section in respect of any yea r af ter the yea r ended on the thirty-first day of December, one thousand nine hundred and thirty-five.
(b) by omitting from subsection two of section 29A
the words "Deve lopmen ta l Roads F u n d " a n d
by inser t ing in lieu thereof the words " C o u n t r y
Main Roads F u n d " ; (e) (i) by inser t ing a t the end of subsection one of
section th i r ty the words " o r of a work as
a developmental w o r k " ; (ii) by inserting at the end of subsection two of the same section the words " o r of a develop
menta l w o r k " ;
(iii) by inser t ing a t the end of subsection th ree of the same section the words " o r of a de
velopmental w o r k " ; (iv) by inserting in subsection six of the same
section af ter the words "deve lopmen ta l
r o a d s " wherever occurr ing the words " o r
developmental w o r k s ' ' ;
(f) by inser t ing next af ter section t h i r t y the follow ing new sect ion:— 30A. The Governor may , in any special case, direct t h a t work be ca r r ied out by the Commis sioner.
(g)
(g) (i) by inser t ing in subsection one of section thir ty-one af ter the words "deve lopmenta l r o a d " the words " a n d every developmental w o r k " ;
(ii) by inserting in subsection two of the same section af te r the word " r o a d " the words
" o r w o r k " ; (iii) by inserting at the end of subsection four of the same section the words " o r the ca r ry ing out of any developmental work in the
council 's a r e a " ;
(h) by omitting from section two from the matter
r e la t ing to P a r t V I the words " D E V E L O P M E N T A L R O A D S " and by inse r t ing in l ieu thereof the words "DEVELOPMENTAL ROADS AND DEVELOP
MENTAL "WORKS. ' '
1 4 . (1) The Pr inc ipa l Act is fur ther amended by omit t ing from subsection four of section t h i r t y the words " f o r a per iod of twenty y e a r s from the commencement of any work under this P a r t " and by inser t ing in lieu thereof the words " i n respect of a per iod beginning upon the da te of the commencement of any work under th is P a r t a n d ending on the th i r t ie th day of J u n e , one thou
| sand nine hund red and | thir ty-f ive. ' ' |
(2) Subsection one of this section shall be deemed to have commenced on the th i r t i e th day of J u n e , one thousand nine hundred and thirty-five.
| 1 5 . | The P r inc ipa l Act is fu r ther | amended— |
(a) (i) by inse r t ing in subsection one of section
th i r ty- two af ter the words "deve lopmenta l r o a d s " the words " o r to c a r r y out any
developmental w o r k " ; (ii) by inserting next after the same subsection the following new subsection:—
(1A) W h e r e the Commissioner car r ies out any work in connection with a met ropol i t an ma in road he shall, for t ha t purpose , have all the powers of a council under the Local Government Act, 1919, and any other Acts conferr ing powers on a council.
(b)
(b)
by inserting in subsection one of section thirty- six a f te r the words "deve lopmen ta l r o a d " where firstly occurr ing the words " or a develop
menta l w o r k . "
The Pr inc ipa l Act is fur ther amended by inser t ing af ter subsection one of section thir ty-six the following
1 6 .
new subsect ion:— (1A) Any main road or developmental road opened before the commencement of the Main Roads (Amendment ) Act, 1936, shall be deemed to have been validly opened no twi ths tanding tha t the road does not conform to the s t anda rd width prescr ibed by the Local Government Act, 1919, for a main road or a secondary road as the case may be.
1 7 . The Pr inc ipa l Act is fur ther amended— (a) by omitting from subsection one of section
thir ty-nine the word " c l a u s e " and by inser t ing
in lieu thereof the word " s e c t i o n " ; (b) by inserting in subsection two of the same sec
tion af ter the word " r a i l s " the words " k e r b
ing, gu t te r ing , footway p a v i n g " ; (c) by inserting in subsection four of the same
section af ter the word " p e r s o n " the words
" w h e t h e r or n o t " ; (d) by omitting from the same subsection the words " o r o ther thing whatsoever i n " and by inser t ing
in lieu thereof the words " p e t r o l pump, stall , s t ruc ture , gu t t e r crossing, kerbing, gu t te r ing , footway paving, or other th ing whatsoever in,
upon, under or o v e r " ; (e) by inserting in the same subsection after the word " b o a r d " whore firstly occurr ing the words " A n y such consent may be condit ional upon the observance of such direct ions and s t ipula t ions as
may be specified in the c o n s e n t " ; (f) by omitting from the same subsection the word
" a p p r o v a l " and by inser t ing in lieu thereof the
word " c o n s e n t " ;
(g)
(g)
by inserting at the end of subsection five of the same section the words " n o r shall any pe r son remove or cause damage or in jury to any such
t ree , work or s t r u c t u r e . " 1 8 . The Pr inc ipa l Act is fur ther amended by inser t ing
next af ter section for ty the following new sect ion:—
40A. (1) W h e r e any pe r son or s t a tu to ry body or depa r tmen t of the Government in placing or remov ing any pipe , wire, rai l , passage , tunnel , pe t ro l
p u m p , stall, s t ruc ture , gu t te r crossing, kerbing, gu t te r ing , footway pav ing or th ing whatsoever in, upon, under or over any main road, opens or breaks u p the road, the Commissioner may requi re the pe r son or s t a tu to ry body or depa r tmen t of the Government opening or breaking up the road to fill in and repa i r to his sat isfaction the p a r t of the road opened or broken up.
(2) W h e r e any main road is damaged as a . resul t of a leakage from or of the breaking or burs t ing of any pipe, wire, rai l , passage , tunnel or o the r th ing whatsoever which is in, upon, under or over such main road the Commissioner may requi re—
(a) the person or s t a tu to ry body or depa r tmen t of the Government responsible for the plac ing of any such th ing in, upon, under or over such road or having the care or control
of any such t h i n g ; or (b) any person, s t a tu to ry body or d e p a r t m e n t of the Government (o ther than the person, , s t a tu to ry body or depa r tmen t of the Gov th is subsection) whose act or default has ernment re fe r red to in p a r a g r a p h (a) of
caused or occasioned such leakage, b reak ing
or burs t ing ,
to make good to his sat isfact ion any damage to the
road resu l t ing therefrom.
(3) The Commissioner may, in lieu of r equ i r
ing any person, s t a tu to ry body or depa r tmen t of the Government to fill in and repa i r the road or to make good any damage to the road, c a r ry out the work himself and m a y recover the expenses thereof f rom such person, s t a tu to ry body or depa r tmen t of the
Government . (4) (4) W h e r e and in so fa r as any requi rement by the Commissioner unde r this section relates to any m a t t e r in respect of which a du ty is, by or under the T r a n s p o r t Act, 1930, as amended by subsequent Acts , imposed upon the Commissioner for Road T r a n s p o r t and Tramways , per formance by tha t Commissioner of such duty shall be a sufficient com pliance with such requi rement .
1 9 . The P r inc ipa l Act is fu r ther amended— (a) (i) by inser t ing a t the commencement of section forty-one the words " N o t w i t h s t a n d i n g any th ing in any Act whether passed before or af ter the commencement of the Main Roads
(Amendment ) Act, 1 9 3 6 " ;
(ii) by inserting in the same section after the word " m a d e " the words " n o r shall any level crossing, br idge or tunnel be con
s t ruc ted in a ma in r o a d " ;
(b) by inserting at the end of section forty-two the following new subsect ion:— (2) I n the case of any work, in respect of which a notification t ha t the work has been done to the sat isfact ion of the Commissioner, is given af ter the th i r t i e th day of J u n e , one thousand nine hundred and thir ty-s ix , the amount allowed as commission under this section shall be an amount equivalent to one pound ten shillings p e r centum of the cost of the works .
2 0 . The P r inc ipa l Act is fur ther amended—
(a) by inserting in subsection two of section forty-
six af ter the word " t h i n g " the words " o r other wise remedy the breach of the A c t " ;
(b)
by omitting the proviso from subsection one of section forty-nine, and by inser t ing in lieu there of the following new p rov i so :—
P r o v i d e d t h a t when deemed necessary the notification shall s ta te the depth below the sur face to which the land is resumed or appro pr ia ted .
(c)
(c)
by inserting at the end of section fifty-one the following new subsection:—
(4) W h e r e the weight of a vehicle or p a r t
thereof laden or unladen or the weight of load on a vehicle is ascer ta ined or determined by any weighing device prescr ibed in any ordinances made under the au thor i ty of this section, the weight so ascer ta ined or de termined shall be p r ima facie evidence of the weight of the vehicle or p a r t thereof or the weight of load on a vehicle.
(d) by omitting from subsection one of section sixty the words " w h i c h may be constructed or estab l ished under the provis ions of this Act upon any met ropol i t an main road or country S ta t e high w a y " and by inser t ing in lieu thereof the words " u p o n any met ropol i tan ma in road or country S ta t e highway, where such br idge or fe r ry is vested in or subject to the adminis t ra t ion or con t ro l of the Commissioner, or is constructed or established under the provisions of this A c t " ; (e) (i) b y omit t ing from subsection one of section sixty-one the words " a main r o a d " and by inser t ing in lieu thereof the words " o r construct ing a main road or of opening a
new main r o a d " ; (ii) by omitting from subsection two of the same
section the words " a main r o a d " and by
inser t ing in lieu thereof the words " o r
const ruct ing a main r oad or of opening a
new m a i n r o a d . "
(f) by inserting at the end of the same section the following new subsect ion:— (3) I n lieu of payment of compensation, pu r chase money or damages in respect of the acqui sit ion of any land for the purposes of this Act or in respect of damage to land a r i s ing out of the a l te ra t ion of road levels in connection wi th any work constructed unde r this Act , the Com missioner may, by agreement with the person to whom such compensation, purchase money or damages is payable , execute such works as m a y
be
be agreed upon in sat isfact ion ei ther in whole or in p a r t of such compensation, purchase money
or damages . (g) by inserting after section sixty-two the follow ing new sections:— 63. (1) Any costs, tolls, charges or other money due to or recoverable by the Commis sioner under this Act or under any ordinance may be recovered as a debt in any court of
competent jur isdict ion. (2) Proceedings for the recovery of any costs, tolls, charges or other money so due to or recoverable by the Commissioner shall be deemed to be for the recovery of a debt or l iquidated demand within the meaning of—
(a) section twenty-four of the Common Law Procedure Act, 1899; (b) section sixty-four of the Dis t r ic t Cour ts Act, 1912; (c) section twenty-five of the Small Debts Recovery Act, 1912.
(3) A jur isdic t ion otherwise competent shall not be ousted on the ground tha t the m a t t e r in question re la tes to the tak ing of any duty to H i s Majesty, or any fee of office, or to any annual rent , or other m a t t e r in which r igh t s in fu ture m a y be bound, or to any genera l r i gh t
or duty . so much of ordinance number th i r ty - th ree m a d e 64. (1) To resolve doubts i t is declared t ha t unde r the Local Government Act, 1919, as re la tes to the levying of tolls and charges upon persons us ing the T a r e n Po in t F e r r y and the Newcast le- Stockton F e r r y , and to the amounts of such tolls and charges , shall be deemed to have been validly made under the said Act.
(2) Those provis ions of the said ordin ance which a re va l ida ted by th is section m a y be amended or repealed by ordinances made under the Local Government Act, 1919.
65. (1) The Governor may, on the joint recommendat ion of the Minister and the Minis te r for Public Works, by proclamat ion published in the Gazette, declare tha t any road, bridge or fe r ry specified in the proclamat ion shall be mainta ined, managed and adminis tered by the Commissioner.
(2) Any such proclamat ion may be made
with respect to—
(a) any road, bridge or ferry which is a na t iona l work within the meaning of
the Local Government Act, 1919, whether the same is declared to be a nat ional work before or af ter the com mencement of the Main Roads (Amend ment ) Act, 1936;
(b) any other road, bridge or ferry (includ ing a road, br idge or fe r ry in the Wes te rn Division) which is mainta ined, managed and adminis tered by the
Minis ter for Public W o r k s . (3) Any such proclamat ion shall take effect from the date of publication or from a l a te r da te to be specified in the proclamat ion.
(4) As from the date upon which any such proc lamat ion takes effect the road, br idge or f e r ry shall be mainta ined, managed and adminis te red by the Commissioner.
(5) W h e r e the road, br idge or f e r ry is
the construct ion of the same shall be under taken a new work or a work in course of construction, or continued by the Commissioner.
(6) (a) W h e r e the road, br idge or fe r ry
which is t r ans fe r r ed to the" Commissioner unde r th is section is a na t ional work within the mean ing of the Local Government Act, 1919, or is wi thin the W e s t e r n Division, the Commissioner shall have and m a y exercise and per form in rela t ion there to all the powers , author i t ies , duties and functions conferred or imposed upon the
Minis ter
Minis ter for Publ ic W o r k s by section five hun dred and thir ty-seven of t ha t Act, and for such purpose shall be the const ruct ing au thor i ty for the purposes of the Publ ic W o r k s Act, 1912.
(b) I n any case to which the pro visions of p a r a g r a p h (a) of th is subsection do not apply, the Commissioner shall have and m a y exercise and pe r fo rm in relat ion to the road, br idge or f e r ry t r ans fe r r ed by this sec tion all the powers , author i t ies , dut ies and func t ions conferred or imposed upon the Minister for Publ ic W o r k s by or unde r any Act, and which, immediate ly before the da te upon which the proclamat ion re la t ing to the road, br idge or f e r ry takes effect, were capable of being exer cised and pe r fo rmed in relat ion to such road,
br idge or fe r ry . (7) All contracts , agreements and under tak ings entered into wi th or by and all securi t ies lawfully given to or by the Minis ter for Publ ic W o r k s in connection wi th any road , br idge or f e r ry t r ans f e r r ed to the Commis sioner unde r this section, and in force imme diately, before t he da te upon which the p ro clamation re la t ing to such road, br idge or f e r ry takes effect, shall, as f rom such date , be deemed to be contracts , agreements a n d under t ak ings entered into wi th or by and securi t ies given to or by the Commissioner.
The Commissioner m a y enforce and real ise
a n y such secur i ty as if the same were exis t ing
in favour of the Commissioner. (8) (a) All lands , leases, licenses, r igh ts , easements and use r facilities which, immediate ly before the da te upon which any proc lamat ion under this section takes effect, were vested in the Minis ter for Publ ic W o r k s in connection wi th the road, br idge or f e r ry re fe r red to in such proclamat ion, shall as from such date vest in the Commissioner .
(b) As soon as pract icable a f te r the
publication of any proc lamat ion unde r this section the Commissioner and the Minis ter for
Publ ic
Publ ic W o r k s shall a r r a n g e and agree upon a division of any other p r o p e r t y ( including lorr ies , road rol lers , t rac t ion engines a n d other road making and tes t ing machinery, p l an t and appliances) held or possessed and of any lia bilities or obligations incurred by the Minis ter for Publ ic W o r k s for the purposes of or in connection wi th the construction, maintenance, management or adminis t ra t ion of the road, br idge or f e r ry re fe r red to in the proclamation.
(9) The Commissioner m a y use the ap p rop r i a t e fund under this Act for any of the purposes re fer red to in this section.
The purposes re fe r red to in this section shall include the payment of any expendi ture incur red in relat ion to any road, br idge or ferry , the maintenance, management and admin is t ra t ion of which had, before the commencement of the Main Roads (Amendment ) Act, 1936, been under taken by the Commissioner a t the request of the Minis ter for Publ ic W o r k s where such expendi ture was incurred before the publication of a proclamat ion unde r this section re la t ing to such road, br idge or fer ry , and whether such expendi ture was incur red before or af ter the commencement of the Main Roads (Amend ment) Act, 1936.
(10) The provis ions of any ordinance
made unde r the Local Government Act, 1919(whether or not so made in pursuance of this
be extended by the Governor by proclamat ion Act) re la t ing to roads , br idges or ferr ies m a y published in the Gazette, to any road, br idge or f e r ry t r ans fe r r ed to the Commissioner under
this section.(11) The provisions of subsection three of section five hundred and thir ty-seven of the Local Government Act, 1919, shall continue to apply to and in respect of any road, br idge or fe r ry which has been t r ans fe r red to the Com missioner unde r this section.
2 1 . (1) The Local Government Act, 1919, as amended by subsequent Acts , is amended—
(a) by inserting after subsection one of section two hundred and for ty- three the following new sab- section :— (1A) W h e r e under an agreement between the Main Roads B o a r d and the council the Main Roads Boa rd or the council const ructs or paves any footway or constructs any kerbing or gut ter ing in any public roads as defined in the Main Roads Act, 1924, a reference in this section t o a public road shall be deemed to include a refer ence to a public road as defined in the said A c t ; and where unde r any such agreement the work is car r ied out by the Main Roads B oa r d such work shall, for the purposes of this section, be deemed to have been carr ied out by the council.
(b) by omitting from subsection five of the same section the words " i n concrete construct ion wi th or wi thout an asphal t ic top, the s t r ip of such cons t ruc t i on" and by inser t ing in lieu thereof the words " i n a pe rmanen t manner , the s t r ip of
such r o a d w a y . "
(2) Subsection one of th is section shall be deemed to have commenced on the first day of J a n u a r y , one thou sand nine hundred and twenty-five.
2 2 . (1) The Sydney H a r b o u r Br idge Act, 1922, a s
amended by subsequent Acts , is amended—
(a)
by inserting in subsection (1A) of section nine af ter the words " e a c h succeeding y e a r " the words " u p to and including the yea r one thou
sand nine hundred and th i r ty - f ive" ; (b)
by inserting next after the same section the following new subsect ion:—
(1B) F o r the y e a r one thousand nine h u n d r e d and th i r ty-s ix a n d for each succeeding y e a r the r a t e of one-half of a penny in the pound imposed by subsection one of th is section is he reby reduced to a r a t e of two-ninths of a penny in the pound.
(2) Subsection one of this section shall be
deemed to have commenced on the first d a y of J a n u a r y , one thousand nine hundred and thir ty-s ix.
(3)
(3) W h e r e before the commencement of this Act
any council has levied a r a t e of one-third of a penny
in the pound for the year one thousand nine hundred
| and | thi r ty-s ix— | |
|
nine hundred and th i r ty-seven; (b)
any person who has not paid such rate shall be liable in respect of so much only of the r a t e levied as is equivalent to a r a t e of two-ninths of a penny in the pound.
2 3 . (1) The Sydney H a r b o u r Br idge (Adminis t ra
t ion) Act, 1932, is amended—
(a) (i) by omit t ing from subsection one of section eight the words " s o cer t i f ied" and by inser t ing in lieu thereof the words " p r o vided out of loan moneys (af ter deduct ing such amounts fixed by agreement between the T r e a s u r e r and the Board as represen t the value of the land vested otherwise than for the purpose of a public road or highway, pu r suan t to subsection three of section eleven of this Act in the Crown or in any of the bodies mentioned in subsection two of
tha t s e c t i o n ) " ; (ii) by omitting from the same subsection the
words " a t the da te of the cer t i f icate" and
by inser t ing in lieu thereof the words " a t
the da te to which the certificate r e l a t e s " ; (iii) by inserting at the end of the same subsec t ion the following new subsect ions:—
(1A) The T r e a s u r e r shall, a s soon as pract icable af ter the commencement of the financial y e a r commencing on the first day of Ju ly , one thousand nine hundred and thir ty- two, certify the amount expended on the br idge since the twent ie th day of March, one thousand nine hundred and thir ty- two,
out
out of loan moneys provided by the T reasu ry and the amount so certified shall be added to and form p a r t of the capi ta l cost of the br idge for the purposes of th is section.
(1B) The T r e a s u r e r shall, as soon as
pract icable af ter the commencement of the financial yea r commencing on the first day of Ju ly , one thousand nine hundred and th i r ty- three , and of each succeeding financial year , certify the amount expended on the br idge d u r i n g the preceding financial yea r out of loan moneys provided by the T r e a s u r y and the amount so certified shall be added to and form p a r t of the capi tal cost of the br idge for the purposes of this section.
(2) Subsection one of this section shall be deemed to have commenced on the twent ie th day of March, one; thousand nine hundred and th i r ty- two.
(3) The Sydney H a r b o u r Br idge (Adminis t ra
t ion) Act, 1932, is fu r ther amended—
(a)
(i)
by inserting in subsection three of section eleven af ter the word " s e c t i o n " the words " o r in the Crown or in any s t a tu to ry body
r ep re sen t ing the C r o w n " ; (ii)
by omitting from the same subsection the words " b u t no p a r t of the said lands shall be so vested or dedicated for p a r k or recrea t ion purposes unt i l a p roposa l therefor has been approved by resolut ions passed by both
Houses of P a r l i a m e n t " ;
(b) by inserting next after the same section the following new section:— 11A. (1) The Commissioner for Main Roads appoin ted unde r the T r a n s p o r t (Division of Func t ions ) Act, 1932, may for the purpose of or in connection wi th any lease g r an t ed by h im of the lands within the arches unde r the a p proaches of the Sydney H a r b o u r Br idge , erect or otherwise provide such buildings, shops and offices as he may think fit.
The
(2) The cost of any work carried out under this section shall be paid from the Sydney Harbour Bridge Account.
(3) This section shall be deemed to have commenced on the twenty-ninth day of December, one thousand nine hundred and thirty-two.
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