MIDDLE HARBOUR (THE SPIT)
BRIDGE ACT.
Act No. 24, 1923.
An Act to authorise the construction by the Sydney Harbour Trust Commissioners, on behalf and at the expense of the Council of the Municipality of Manly, of a Bridge across Middle Harbour at The Spit ; to amend the Sydney Harbour Trust Act, 1900, and the Local Government Act, 1919 : and for pur- poses connected therewith. [Assented to, 5th December, 1923.]
lative Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, bv and with the advice and consent of the Leeds-
Wales in Parliament assembled, and by the authority of the same, as follows :—
| 1 . This Act may be cited as the "Middle Harbour (The Spit) Bridge Act. 1923." | 2 . |
| 2. | I n this Act , unless a cont ra ry in ten t ion appears ,—
" Minis te r " means t h e Secretary for Pub l i c "Works.
" P r e s c r i b e d " means prescr ibed by regula t ions |
" The council " means t he council of t h e Mun ic i
| " The | T r u s t " | means | t h e | Sydney | H a r b o u r | Trus t |
Commissioners.
3. The counci l is hereby authorised and empowered
| to | cons t ruc t | a | t imbe r | br idge | wi th | t he | necessary |
| approaches over Middle H a r b o u r a t The | Spit . |
4. (1) The said br idge shall be cons t ruc ted by the
Sydney H a r b o u r Trus t Commissioners in accordance
wi th p lans and specifications to be supplied by the
| T r u s t and approved | by t h e council . |
| (2) | The funds required in cons t ruc t ing t he br idge |
shal l be supplied to t he T rus t by t he counci l .
| (3) | The r emunera t ion to be paid to t he T r u s t | for |
| c o n s t r u c t i n g | t h e | br idge , and | t h e | a m o u n t | of and t imes | for |
| p a y m e n t | of t he necessary advances to t he Trus t , shal l | be |
as agreed upon be tween the Trus t and t h e council .
5. (1) F o r the purposes of t he work the council
shall h a v e all t he powers of a counci l under t he Local
G o v e r n m e n t Ac t , 1919, and such powers m a y be
| exercised if necessary outside t h e mun ic ipa l i ty | of | Man ly . |
(2) Any land necessary for t he work may be
| acqui red unde r t h e provisions | of | sections | five | h u n d r e d |
| a n d | t h i r t y - two , | five | h u n d r e d | and | thir ty-f ive, | and | five |
| h u n d r e d | and | th i r ty -s ix | of | t h e | Loca l | G o v e r n m e n t | Act , |
(1) The counci l may raise a special loan to defray
| t h e cost of cons t ruc t ing t he br idge and of t he | land |
| acqui red in connect ion | the rewi th . |
(2) The a m o u n t of t he loan shal l be approved by
| (3) | N o t w i t h s t a n d i n g | a n y t h i n g | conta ined | in | t h e |
Local Gove rnmen t Act , 1919, i t shall not be necessary to t ake a poll of r a tepayers before ra is ing t he loan, or to o therwise comply wi th t h e provisions of t he said A c t in respec t of t he loan except as here in provided.
0 )
(4) The counci l m a y charge t he r evenue received
| f rom | tolls or charges w i th t h e r e p a y m e n t | of | t h e | loan. |
| (5) A n y loan | obta ined | by t h e counci l unde r t h i s |
A c t shal l no t be t a k e n in to accoun t for t he purpose of ascer ta in ing t h e l imi t to which the counci l m a y borrow
| unde r | t he | Loca l | G o v e r n m e n t | Act , | 1919. |
7. The counci l m a y levy tolls a n d charges in con
| nec t ion | wi th | traffic | across | t h e | b r i d g e ; | t h e | a m o u n t | of |
| t h e tolls and charges a n d the me thod of collection | shal l |
| be as prescribed. |
8. The council shall , if and w h e n requ i red by t h e
| Minis te r , | supp ly | a l l | accounts , | par t icu lars , | and | o the r |
| in format ion | a t i ts disposal to enab le h i m to | ascer ta in |
| t h e to ta l a m o u n t | to | be expended by t h e council | i n |
| ca r ry ing out t h e provisions of | th i s A c t w i t h regard | to |
| t h e cons t ruc t ion of t h e br idge, t he acquisi t ion of land | in |
| connect ion | the rewi th , | or | any | o ther | m a t t e r | r e l a t ing |
| the re to . |
| The counci l shal l es tabl ish a s ink ing fund for t h e purpose of ex t ingu i sh ing | the l iabil i ty | on the loan |
9.
| wi th in | t w e n t y | years | wi th in te res t a t a ra te | not | exceeding |
| six per | c e n t u m | per | a n n u m . |
10. A l l moneys received from tolls or charges im
posed unde r th i s A c t shall be paid in to a special b a n k accoun t to be kep t by t he council , and shal l be appl ied in t he first p lace towards t he cost of m a i n t a i n i n g a n d
| repa i r ing t h e | br idge a n d | t h e collect ion of t he | tolls and |
| charges , and | in | t h e n e x t | place | towards t h e | i n s t a lmen t s |
necessary to m a i n t a i n t h e s ink ing fund. A n y surp lus received by the counci l shal l be appl ied as t h e Governor m a y direct towards r e p a y m e n t of t he loan or t h e cost of
| t h e | m a i n t e n a n c e | and | repai r | of | t he | br idge. |
| 1 1 . | (1) W h e n | t h e | Governor | is satisfied | t h a t | all |
| moneys | expended | by t h e counci l | u p o n t h e | cons t ruc t ion |
| of t h e | br idge , t h e acquis i t ion of land in | connect ion |
the rewi th , t h e repai r and m a i n t e n a n c e of t he b r idge , t h e costs of collection of t he tolls and charges , and t h e in te res t , costs , charges , and expenses of t h e loan and of all m a t t e r s inc identa l to t h e ca r ry ing out of t h e purposes of th i s Act , have been fully repaid ou t of t h e tolls and cha rges collected, he shal l cause a notification to t h a t
| effect to be publ i shed in t h e | Gaze t te . |
(2)
| (2) | T h e r e u p o n — |
| (a) | any regula t ions m a d e under th i s A c t impos ing tolls and charges shall be revoked ; and the provisions of th i s A c t au thor i s ing t h e imposi t ion of tolls and charges shall cease to have effect; |
| (b) | t he br idge shal l be and become a na t iona l work wi th in t he m e a n i n g of t he Local G o v e r n m e n t |
| |
| 12. | (1) The | Governor | m a y | m a k e regu la t ions | for |
a n d wi th respect to—-
| (a) prescr ib ing t h e | a m o u n t s | of | t he | tolls | and |
| charges to be imposed by the | c o u n c i l ; |
| (b) | the | control , | m a n a g e m e n t , | ma in tenance , | and |
| protection | of t he bridge! and | its | a p p r o a c h e s ; |
| (c) | t he regula t ion , res t r ic t ion, or suspension of t h e use by the publ ic of t he br idge and its approaches ; |
| (d) | | t he ca r ry ing out t he provisions of th i s | A c t . | |
| (2) The regula t ions m a y impose a pena l ty | n o t | |
| exceeding fifty pounds for any breach thereof. | A n y |
| such pena l ty m a y be recovered in a summary | m a n n e r |
| before a s t ipendiary or police mag i s t r a t e | or | any | two |
| jus t ices in pe t t y | sessions. |
| (3) | The regula t ions sha l l— |
| (i) | he publ ished | in t h e | G a z e t t c ; |
(ii) take effect from the date of publication or from a la te r da te to be specified in t he regu
| (in) be laid | before | both | Houses | of | P a r l i a m e n t |
| within | fourteen | s i t t ing days after t h e publ ica |
| tion | thereof | if | P a r l i a m e n t | is t h e n | in | session, |
| and if not, t h e n w i th in | fourteen | s i t t ing | days |
| after | t h e | c o m m e n c e m e n t | of | t h e | n e x t | session. |
| If | e i ther H o u s e of | Pa r l i amen t | passes a reso |
lu t ion of wh ich not ice has been given a t a n y t ime wi th in fifteen s i t t ing days after such regu la t ions have been laid before such H o u s e disal lowing any regu la t ion or p a r t thereof,
| such | regula t ion or pa r t shal l t he reupon cease |
to have effect.
V E T E R I N A R Y