Main Roads Amendment Act 1980 (WA)

WESTERN AUSTRALIA.

MAIN ROADS.

No. 21 of 1980.

AN ACT to amend the Main Roads Act 1930-1979.

[Assented to 15 October 1980.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Main Roads Unita?.

Amendment Act 1980.

Approved for

(2) In this Act the Main Roads Act 1930-1979

reprint 16 December

is referred to as the principal Act.

1976, and

amended by

Acts Nos. 54

of 1977 and

(3) The principal Act as amended by this Act

9 of 1979.

may be cited as the Main Roads Act 1930-1980.

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Section 32

amended.

2. Section 32 of the principal Act is amended by repealing subsections (2) to (14), both inclusive, and substituting the following subsections-

" (2) In this subsection and in subsections (3) to (12), both inclusive, unless the contrary intention appears

(a) "determined" means determined by the Minister on the recommendation of the Commissioner;

"Group" means a Group of local authorities set out in the Second Schedule or created pursuant to subparagraph (iii) of paragraph (a) of subsection (12), or, where such a Group has been altered pursuant to subparagraph (i) of paragraph (a) of subsection (12), that Group as so altered;

"Second Schedule" means the Second

Schedule to this Act;

"subsection" means a subsection of

this section;

"subsequent year" means a year other

than the first year;

"the Commonwealth Act" means the Roads Grants Act 1980 of the Parliament of the Commonwealth as amended from time to time, or, if that Act has expired or been repealed, the Act of that Parliament for the time being granting financial assistance to the State for expenditure on the construction or maintenance of roads for which local authorities are responsible;

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"the first matching period" means the period commencing on the first day of July 1980 and ending on the thirtieth day of June 1983;

"the first year" means the year ending

on the thirtieth day of June 1981;

"the prescribed table"—

(i) in relation to the first year, means the table of grants set out in the Second Schedule;

(ii) in relation to a subsequent year, means such table of grants to local authorities as is determined in relation to that year for the purposes of paragraph (b) of subsection (3) and para- graph (b) of subsection (5);

"the second matching period" means the period commencing on the first day of July 1983 and ending on the thirtieth day of June 1985;

"year" means a financial year during the period commencing on the first day of July 1980 and ending on the thirtieth day of June 1985;

(b)	the expressions "arterial road", "construction", "local road" and "maintenance" have the same respective meanings as they have in and for the purposes of the Commonwealth Act;

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(c) the term "expenditure on road works from its own resources", however expressed, in relation to a local authority, includes, in addition to expenditure on construction and maintenance of roads, expenditure on footpaths, street lighting and cleaning and maintaining road verges.

(3) (a) This subsection applies to Groups C, D and E and to any other Group to which it is declared to apply pursuant to paragraph (b) of subsection (12).

(b) The prescribed amount shall be made available each year from the Main Roads Trust Account and, subject to paragraph (d) of this subsection and subsections (4), (7) and (8) and paragraph (a) of subsection (9), is payable in that year to the local authorities in the Groups to which this subsection applies as base and additional grants as specified in the prescribed table.

(i) in relation to the first year, means $12 373 560;

(ii) in relation to a subsequent year, means such amount as is determined in relation to that year for the purposes of that paragraph.

(d) Every base grant paid to a local authority pursuant to this subsection is so paid on condition that it will be expended on maintenance or construction of roads, and every additional grant paid to a local authority pursuant to this subsection is so paid on condition that it shall be expended on construction of roads, and every grant of either kind paid to a local authority pursuant to this subsection is so paid on condition that

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expenditure thereof on construction of roads shall be in accordance with a programme to be approved by the Minister on the recommendation of the Commissioner.

(e) Notwithstanding paragraph (d) of this subsection, where a local authority satisfies the Minister that it cannot usefully apply the whole of its additional grant referred to in that paragraph as required by that paragraph, the Minister may, where he is satisfied that special circumstances so warranting exist, approve of the expenditure of part of the additional grant upon maintenance of roads.

(4) (a) Notwithstanding paragraph (b) of subsection (3), the amount which any local authority in Group C or D may receive under subsection (3) as a base grant for a year during the first matching period shall be reduced by the amount, if any, by which its base grant as specified in the Second Schedule exceeds the amount calculated by applying the following quota of grant to quota of expenditure on road works by the local authority from its own resources for that year

Group C—$1 grant for each $2 expenditure

on road works from its own resources;

Group D—$1 grant for each $1 expenditure

on road works from its own resources.

(b) where in respect of the second matching period a quota of grant to quota of expenditure formula is determined for the purposes of this paragraph in relation to a Group to which subsection (3) applies, then, notwithstanding paragraph (b) of subsection (3), the amount which any local authority in that Group may receive under subsection (3) as a base grant for a year during that matching period (in this paragraph called "the subject year") shall be reduced by the amount, if any, by which its base grant as specified in the

No. 21.]

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prescribed table for the year ending on the thirtieth day of June 1984 exceeds the amount calculated by applying the formula so deter- mined to the amount expended on road works by the local authority from its own resources for the subject year.

(5) (a) This subsection applies to Groups A and B and to any other Group to which it is declared to apply pursuant to paragraph (b) of subsection (12).

(b) The prescribed amount shall be made available each year from the Main Roads Trust Account and, subject to paragraph (d) of this subsection and subsections (6), (7) and (8) and paragraph (a) of subsection (9), is payable in that year to the local authorities in the Groups to which this subsection applies as base grants as specified in the prescribed table.

(i) in relation to the first year, means

$2 996 280;

(ii) in relation to a subsequent year, means such amount as is determined in relation to that year for the purposes of that paragraph.

(d) Every base grant paid to a local authority pursuant to this subsection is so paid on the conditions that-

(i) it will be expended on construction or maintenance of local roads;

(ii) not less than one half of it will be expended on construction; and

(iii) expenditure thereof on construction shall be in accordance with a programme to be approved by the Minister on the recommendation of the Commissioner.

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(e) Notwithstanding paragraph (d) of this subsection where a local authority satisfies the Minister that it cannot usefully apply one half of its base grant referred to in that paragraph to the construction of local roads as required by that paragraph, the Minister may, where he is satisfied that special circumstances so warranting exist, approve of the expenditure of the whole of the base grant, or some fraction thereof exceeding one half, on the maintenance of local roads.

The prescribed amount shall be made available each year from the Main Roads Trust Account and the prescribed portions thereof shall be paid in that year into Funds to be maintained by the Commissioner and known respectively as the Inner Metropolitan Councils' Urban Road Fund and the Outer Metropolitan Councils' Urban Road Fund.

(f)

(g)	In paragraph (f) of this subsection—

"the prescribed amount"—

(i) in relation to the first year, means $5 992 560;

(ii) in relation to a subsequent year means such amount as is determined in relation to that year for the purposes of that paragraph;

"prescribed portions"—

in relation to the first year,

(i) means $4 104 100 to the Inner Metropolitan Councils' Urban Road Fund and $1 888 460 to the Outer Metropolitan Councils' Urban Road Fund;

(ii) in relation to a subsequent year means such portions as are determined in relation to that year for the purposes of that paragraph.

No. 21.]

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(h) Each local authority in Group A or B may submit to the Commissioner each year a programme containing projects for the construction of arterial roads and local roads and the Minister may, on the recommendation of the Commissioner, approve any such project in which event moneys may be paid to the local authority out of-

(i) the Inner Metropolitan Councils' Urban Road Fund in the case of a local authority specified in Group A; or

(ii) the Outer Metropolitan Councils' Urban Road Fund in the case of a local authority specified in Group B,

to meet expenditure incurred on the projects so

approved.

(6) (a) Notwithstanding paragraph (b) of subsection (5) the amount which any local authority in Group A or B may receive as a base grant for a year during the first matching period shall be reduced by the amount, if any, by which its base grant as specified in the Second Schedule exceeds the amount calculated by applying the following quota of grant to quota of expenditure on road works by the local authority from its own resources for that year

Group A—$1 grant for each $5 expenditure

on road works from its own resources;

Group B—$1 grant for each $4 expenditure

on road works from its own resources.

(b) Where in respect of the second matching period a quota of grant to quota of expenditure formula is determined for the purposes of this paragraph in relation to a Group to which subsection (5) applies, then, notwithstanding paragraph (b) of subsection (5), the amount which any local authority in that Group may receive under subsection (5)

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as a base grant for a year during that matching period (in this paragraph called "the subject year") shall be reduced by the amount, if any, by which its base grant as specified in the prescribed table for the year ending on the thirtieth day of June 1984 exceeds the amount calculated by applying the formula so deter- mined to the amount expended on road works by the local authority from its own resources for the subject year.

Where the sum of the amounts expended by a local authority on road works from its own resources over the whole of the first matching period or the second matching period exceeds the sum of the amounts required for that local authority to receive its full entitle- ment of the base grant for each year of that matching period, that local authority shall receive its full entitlement of the base grants, notwithstanding that a deficit is carried forward from one of those years to the next and notwithstanding subsection (4) or sub- section (6).

(7)

(8) Where in respect of any year a local authority satisfies the Minister that because of special circumstances existing there should be a reduction in its quota of expenditure on road works from its own resources, the Minister may reduce the quota of expenditure for that local authority notwithstanding subsection (4) or subsection (6).

(9)

(a) Such moneys paid to local authorities under subsections (3) and (5) as are derived from payments made under the Commonwealth Act are paid on the condition that the moneys are expended in accordance with the terms and conditions specified in the Commonwealth Act, and all moneys paid to local authorities under those subsections are paid on the condition that the moneys are expended on works or projects approved by the Minister on the recommendation of the Commissioner, but the Minister may on the

No. 21.]

Main Roads.

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recommendation of the Commissioner approve of variations in work or projects previously approved.

(b) Where moneys within the Inner Metropolitan Councils' Urban Road Fund or the Outer Metropolitan Councils' Urban Road Fund are not expended within the time specified in the Commonwealth Act, the Commissioner may transfer those moneys to the Main Roads Trust Account.

(10) The Minister may delegate to the Commissioner all or any of his powers under paragraph (d) of subsection (3), paragraphs (d) and (h) of subsection (5) and paragraph (a) of subsection (9).

(11) A local authority shall not be regarded, for the purposes of subsections (4), (6), (7) and (8) as having expended any particular amounts on road works from its own resources unless such expenditure is certified to be correct by audit pursuant to Part XXVII of the Local Government Act 1960; and, in any event, where the Minister is satisfied that an amount paid to a local authority under this section exceeds the amount that was properly payable, he may require the local authority to repay the amount of the excess to the Main Roads Trust Account and may cause any amount so repayable but not repaid to be deducted from any other amount that may become payable to the local authority under this Act.

(12) (a) For the purposes of the second matching period the Minister, on the recommendation of the Commissioner, may, by instrument in writing, —

(i) alter any Group by adding the name of a local authority thereto or removing the name of a local authority therefrom;

(ii) abolish a Group; or

1980.]

Main Roads.

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(iii) create a new Group consisting of such local authorities as are named in the instrument.

(b) In the instrument creating a Group pursuant to subparagraph (iii) of paragraph (a) of this subsection the Minister shall declare which of subsection (3) or subsection (5) shall apply to that Group.

In order to facilitate the application of the provisions of subsections (2) to (11), both inclusive, to and in relation to a Group created pursuant to subparagraph (iii) of paragraph (a) of this subsection the Minister may, by instrument in writing, direct that those provisions be read with such variations and modifications as are specified in the instrument.

(c)

An instrument made under this sub-

section shall have and be given effect according

to its tenor.

(d)

(13) The Minister may authorise the making of advances of such amounts and at such times as he thinks fit, on account of any amount that may become payable to a local authority under this section.

(14) The warrant of the Commissioner is sufficient authority to the Treasurer to make any payment provided by this section, and in authorising any such payment the Commissioner shall make such adjustment, in respect of moneys erroneously or improperly paid to the Main Roads Trust Account as the circumstances may from time to time require.

(15) Any unexpended moneys standing to the credit of the Main Roads Trust Account at the end of a financial year may be applied under this section to any other year, without fresh appropriation. " .

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Second

Schedule

3. The Second Schedule to the principal Act is

substituted

deleted and the following Schedule is substituted

SECOND SCHEDULE

S.32.

Base Grant

Group A:

City of

Belmont	105 080
Canning	165 490
Cockburn	112 880
Fremantle	76 340
Gosnells	155 300
Melville	178 010
Nedlands	65 300
Perth	288 350
South Perth	95 320
Stirling	505 050
Subiaco	48 060

Town of-

Bassendean	38 560
Claremont	25 840
Cottesloe	22 990
East Fremantle	19 320
Mosman Park	20 300

Shire of

Bayswater

124 700

Peppermint Grove

5 160

Group B:

Town of-

Armadale	124 720
Kwinana	60 090

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Base	Additional

Grant

Shire of-

Kalamunda	119 870
Mundaring	85 270
Rockingham	84 520
Serpentine-Jarrandale	53 000
Swan	129 690
Wanneroo	287 070

Group C:

City of

Bunbury

267 005

Town of

Albany	175 350	175 350
Geraldton	238 635	238 635
Kalgoorlie	109 975	109 975
Narrogin	70 520	70 520
Northam	92 440	92 440

Shire of

Albany	102 905	102 905
Augusta-Margaret River	77 405	77 405
Beverley	41 805	41 805
Boddington	18 800	18 800
Boyup Brook	59 275	59 275
Bridgetown-Greenbushes	56 280	56 280
Brookton	29 900	29 900
Broomehill	19 530	19 530
Bruce Rock	56 210	56 210
Busselton	116 305	116 305
Capel	39 745	39 745
Carnamah	35 240	35 240
Chapman Valley	30 960	30 960
Chittering	24 080	24 080
Collie	82 440	82 440
Coorow	34 665	34 665
Corrigin	54 985	54 985
Cranbrook	43 730	43 730
Cuballing	21 775	21 775
Cunderdin	48 825	48 825
Dalwallinu	70 660	70 660

No. 21.]

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Base	Additional

Grant

Dandaragan	63 480	63 480
Dardanup	41 145	41 145
Denmark	35 235	35 235
Donnybrook-Balingup	53 990	53 990
Dowerin	40 190	40 190
Dumbleyung	36 945	36 945
Esperance	188 875	188 875
Gingin	38 825	38 825
Gnowangerup	97 550	97 550
Goomalling	32 355	32 355
Greenough	55 745	55 745
Harvey	90 940	90 940
Irwin	23 740	23 740
Katanning	77 785	77 785
Kellerberrin	53 115	53 115
Kent	42 010	42 010
Kojonup	61 090	61 090
Kondinin	49 395	49 395
Koorda	42 750	42 750
Kuhn	51 380	51 380
Lake Grace	74 310	74 310
Mandurah	89 915	89 915
Manjimup	134 875	134 875
Merredin	118 180	118 180
Mingenew	22 275	22 275
Moora	69 755	69 755
Morawa	38 465	38 465
Mt Marshall	55 000	55 000
Mukinbudin	37 085	37 085
Mullewa	50 305	50 305
Murray	76 090	76 090
Nannup	37 520	37 520
Narembeen	57 365	57 365
Narrogin	31 485	31 485
Northam	55 295	55 295
Northampton	55 715	55 715
Nungarin	19 080	19 080
Perenjori	49 595	49 595
Pingelly	36 250	36 250
Plantagenet	84 690	84 690
Quairading	44 250	44 250
Ravensthorpe	43 865	43 865

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Base	Additional

Grant

Tambellup	23 370	23 370
Tammin	22 685	22 685
Three Springs	30 190	30 190
Toodyay	29 915	29 915
Trayning	30 995	30 995
Victoria Plains	45 395	45 395
Wagin	51 310	51 310
Wandering	15 550	15 550
Waroona	32 505	32 505
West Arthur	39 130	39 130
Westonia	26 590	26 590
Wickepin	36 110	36 110
Williams	29 785	29 785
Wongan-Ballidu	68 150	68 150
Woodanilling	17 955	17 955
Wyalkatchem	33 630	33 630
York	46 410	46 410

Group D:

Shire of

Boulder	125 990	125 990
Carnarvon	114 630	114 630
Coolgardie	74 030	74 030
Exmouth	30 950	30 950
Port Hedland	119 870	119 870
Roebourne	116 520	116 520
Yilgarn	96 625	96 625

Group E:

Shire of

Broome	29 605	29 605
Cue	7 865	7 865
Dundas	29 145	29 145
East Pilbara	45 735	45 735
Halls Creek	28 010	28 010
Laverton	14 930	14 930
Leonora	21 500	21 500
Meekatharra	30 300	30 300
Menzies	14 420	14 420
Mt Magnet	8 860	8 860
Murchison	14 930	14 930

No. 21.]

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Base	Additional

Grant

Sandstone	9 900	9 900
Shark Bay	11 225	11 225
Upper Gascoyne	17 010	17 010
West Kimberley	47 070	47 070
West Pilbara	43 965	43 965
Wiluna	25 480	25 480
Wyndham-East Kimberley	39 780	39 780
Yalgoo	11 410	11 410