Nerang River Bridge Act of 1933 (24 Geo v No. 19) (Qld)

11 LOCAL. PERSONAL. AND PRIVArrE ACTS OF THE PARLIA1VLENT OF QUEENSLAND. 24° GEORGII V. BRIDGES. An Act to Provide against any Requirement to Keep 24 GEO. v. in Operation the Bascule Span on the Bridge N~ ~ ~ . (erected pursuant to "The Nerang River Bridge ~ ~ v~ ~ G and Southport-Burleigh Road Act of 1923 ") BR~ ~ ~ ~ 3tCT over the Nerang River on the Main South Coast Road; and for other purposes. [ASSENTED TO 9TH DEOEMBER, 1933.] "'XTHEREAS pursuant to the provisions of *" The Preamble. \'l Nerang River Bridge and Southport-Burleigh Road Act of 1923" a bridge was erected across the Nerang River from a point at or about the junction of Queen Street and the Esplanade, Southport, to the opposite shore of the said Nerang River: And whereas portion of such bridge comprises a bascule or lifting span which has prior to the passing of this Act been lifted on occasions to allow the passage of vessels up and down Nerang River, whereby road traffic has been seriously delayed and inconvenienced: And whereas the whole of such bridge has been declared a State Highway pursuant to the provisions of t" The Main Roads Acts, 1920 to 1929" : And whereas it is desirable that power and authority be granted to the Commissioner ofMain Roads constituted under the provisions of t" The Main Roads Acts, 1920 to 1929," to close and keep closed the bascule or lifting span on the said bridge- Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the * 14 Geo. V. No. 9, supra, page 10859. t 10 Geo. V. No. 26 and amending Acts, supra, pages 9265 et seq.

14826 BRIDGES. N erang River Bridge Act. 24 GEO. V. No. 19, Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Short title. 1. This Act may be cited as "The N erang River Bridge Act of 1933." Corn· 2. (1.) Notwithstanding any Act or law or rule of ranuitshsoiorniseerd law or process of law to the contrary, it shall be lawful to close for the Commissioner of Main Roads constituted under lbiaftsicnuglespoarn the provisions of *" The Main Roads Acts, 1920 to 1929" of bridge. (herein referred to as the "Commissioner") and the Commissioner is hereby authorised and empowered to close and keep closed the bascule or lifting span on the Nerang River Bridge on the Main South Coast Road and more particularly described in the preamble. Notification (2.) A notification under this Act shall be published boaf sccluolseu. re of· In the G aze tt ebyteh Comml. Ss.lOner speCl' fy' mg therm. n the date on and from which such closure of the bascule or lifting span shall take effect, and such notification shall be sufficient and conclusive for all purposes under this Act. When com- 3. (1.) The Commissioner, with the approval of the ppaeynasabtlieo. n Governor in Council, may pay compensation to such persons as in the opinion of the Commissioner have been engaged prior to and are engaged at the date of the passing of this Act in such business pursuits necessitating the use of the waterway of Nerang River as in the opinion of the Commissioner will cause them to suffer loss or damage by the closure of the bascule or lifting span aforesaid: Provided always that the decision of the Commissioner, when approved by the Governor in Council, shall be conclusive and absolute- (a) As to whether or not any person has been or is being so engaged in such business pursuits as aforesaid as to cause him to suffer loss or damage by the closure of the bascule or lifting span aforesaid; and (b) As to whether or not any person concerned is entitled to compensation in respect of such loss or damage; and (c) As to the amount of compensation (if any) that shall be payable to any person concerned. . _ - - - - - - - - - - - - 10 Geo. V. No. 26 and amending Acts, supra, pages 9265 et seq.

1933. BRIDGES. Nerang River Bridge Act. 14827 And any such decision of the Commissioner when so approved shall be final and conclusive and without appeal to any court or tribunal whatsoever. (2.) All amounts payable by the Commissioner forC:0mpensa. compensation under this section shall be paid out oftlOn payable the Mam· R oads F un d created pursuant to t he pr"oVIsIOns oMuatinofRto,haeds of *" The Main Roads Acts, 1920 to 1929," which is Fund. appropriated for such purpose accordingly. (3.) Any such claim for compensation under this When claims section shall be submitted to the Commissioner within to?:e . d three months after the passing of this Act, and no claim su mltte . received after such date will be recognised nor have effect whatever. 4. From and after the passing of this Act no action, No ~ction indictment, suit, information, or other proceeding shall to he. be commenced, presented, prosecuted, or maintained against the Government, or Minister of the Crown, 'Or the Commissioner of Main Roads, or any corporation representing the Crown, or Crown instrumentality, or any officer of the Public Service, or any Local Authority, or member or officer thereof, or any person or otherwise for or in respect of the erection, construction, alteration, modification, or maintenance of the Nerang River Bridge as described aforesaid, whereby the bascule or lifting span is closed and kept closed and without making provision for opening of a portion of the said bridge to allow for the passage of vessels, or for or in respect of the obstruction or alleged obstruction to navigation or otherwise of the Nerang River by the Nerang River Bridge, or for or in respect of any damages, loss, or expenses whatsoever occasioned or alleged to be occasioned by reason of such erection, construction, alteration, modification, maintenance, closure, or obstruction or in any wise whatsoever arising therefrom ; and the provisions of this section shall also, mutatis m'tttandis, apply and extend in the case of any rejectment of any claim or part of claim for compensation made by any person under section three of this Act accordingly. * 10 Geo. V. No. 26 and amending Acts, 8upra, pages 9265 et 8eq.