Main Roads and Transport (Amendment) Act 1950 (NSW)

MAIN ROADS AND TRANSPORT (AMENDMENT)

ACT.

Act No. 13, 1950.

An Act to amend the Main Roads Act, 1924-1949, and the Transport Act, 1930-1949, and certain other Acts in certain respects; to validate certain matters; and for purposes connected therewith. [Assented to, 3rd May, 1950.]

BE it enacted by the King's Most Excellent Majesty, by and with, the advice and consent of the Legis­	lative Council and Legislative Assembly of New South
Wales in Parliament assembled, and by the authority of the same, as follows :—
1. (1) This Act may be cited as the "Main Roads and Transport (Amendment) Act, 1950".
(2) The Main Roads Act, 1924, as amended by subsequent Acts and by this Act, may be cited as the Main Roads Act, 1924-1950.
(3) The Transport Act, 1930, as amended by subsequent Acts and by this Act, may be cited as the Transport Act, 1930-1950.

2. The Main Roads Act, 1924-1949, is amended—

(a)	by omitting from subparagraph (i) of paragraph (d) of subsection six of section fifteen the words
"no t exceeding five yea r s " ;
(b)	by inserting next after section thirty-eight the following new section:—
38A. The Commissioner shall have power and shall be deemed always to have had power to carry out works at the request of any Depart­ ment of the Government of the Commonwealth or

or of the State or of any body corporate constituted by any statute of the Commonwealth or of the State subject to such Department or body corporate paying the cost thereof.

In this section " w o r k s " include road, bridge, and ferry construction and maintenance works and any works in connection with which the machinery, plant and equipment of the Commis­ sioner may be appropriately utilised.

(c) by inserting next after section forty-nine the following new section:—

49A. The Commissioner shall have power and shall be deemed always to have had power to construct or provide on land acquired under the provisions of this Act buildings for the accom­ modation of officers and employees and of persons whose residences or places of business have been or will be demolished or substantially altered by the carrying out by the Commissioner of any works in connection with the construction or maintenance of roads under this Act.

The Commissioner may sell or lease any such land and buildings.

(d)	by inserting next after section sixty-five the following new section:—
66. (1) The Commissioner shall have power and shall be deemed always to have had power— (a) to enter into agreements with the

the Commonwealth of Australia or proper authorities in any Territory of

State adjoining New South Wales for

the construction, reconstruction, main­ tenance and repair of roads, bridges and ferries at the boundaries of New South Wales and such Territory or other State;

(b) to do or perform all such acts, matters and things as may be necessary or required to be done or performed under or in pursuance of any such agreement; and

(c)

(c) to use the appropriate fund under this Act for carrying any such agreement into effect.

(2) The provisions of any ordinance made under the Local Government Act, 1919 (whether or not so made in pursuance of this Act), relating to roads, bridges or ferries may be extended by the Governor by proclamation published in the Gazette to any road, bridge, or ferry the subject of any agreement referred to in subsection one of this section.

3. (1) The Transport Act, 1930-1949, is amended—

(a)	by inserting at the end of paragraph (a) of subsection one of section two hundred and four the words " o r any Act imposing taxes upon motor vehicles in lieu of the taxes upon motor vehicles imposed by such Ac t " ;
(b)	by omitting paragraph (a) of subsection three of the same section and by inserting in lieu thereof the following paragraph:—

(a)	So far as the same is derived from the tax collected in respect of motor omnibuses registered by a Trust in payment by the Commissioner to the councils of the several municipalities and shires (within or outside the
district of that Trust) in whose areas

such motor omnibuses operate and to such other authorities as the Commis­ sioner shall determine who maintain wholly or partly from their own funds roads (within or outside the district of that Trust) on which such motor omnibuses operate in such shares as the Commissioner may determine.

The share to be paid to each such
council or authority shall be determined
in respect of each authorised omnibus
route

route wholly or partly in the area of that council or authority and shall as nearly as practicable be calculated having regard to

(i)   the mileage travelled by such motor omnibuses on roads, on such route, which are main­ tained wholly at the expense of the council or authority;

(ii)   one half of the mileage trav­ elled by such motor omnibuses on roads, on such route, which are maintained partly at the expense of the council or authority; and

(iii)   the average weight of such motor omnibuses operating on such route.

Amounts paid to councils of munici­ palities and shires and authorities under this paragraph shall be expended by them on the reconstruction, renewal, repair and maintenance of the public roads which are used by registered motor omnibuses.

Payments by the Commissioner shall be made not less frequently than once in twelve months.

In this paragraph "authorised

omnibus rou te" includes such roads on

which registered motor omnibuses are

used for purposes incidental to their operation on an authorised omnibus route as the Commissioner may from time to time determine.

(2) Subsection one of this section shall commence on the first day of July, one thousand nine hundred and fifty.

WAR