Road Districts Act Amendment Act 1947 (WA)
| No. 25.] | Road Districts. | [1947. |
ROAD DISTRICTS.
11° GEO. VI., No. XXV.
No. 25 of 1947.
AN ACT to amend the Road Districts Act, 1919-1946.
[Assented to 12th November, 1947.]
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 Western Australia, in this present Parliament assembled, and by the authority of the same as follows :—
| Short MR | 1. This Act may be cited as the Road Districts Act Amendment Act, 1947, and shall be read as one with the Road Districts Act, 1919-1946 (No. 38 of 1919 as reprinted pursuant to the Amendments Incorporation Act, 1938, in Volume 2 of the Reprinted Acts of Parliament of Western Australia, 1943, and amended by Nos. 19 of 1943, 9, 46 and 64 of 1946), hereinafter referred to as the principal Act. |
| Citation of | 2. The principal Act as amended by this Act may be |
| prncipal Act | i |
| ss amended | cited as the Road Districts Act, 1919-1947. |
| by this Act. |
| 1947.] | Road Districts. | [No. 25. |
Amendment
| 3. Section two of the principal Act is amended by | of a. 2. |
inserting after the words "PART VII.—BORROWING AND
'SPECIAL POWERS. (Sections 288 to 319) the following:
PART VIIA.—AGREEMENTS BETWEEN BOARDS AND THE
STATE HOUSING COMMISSION FOR THE PROVISION
OF ROADS. (Sections 319A to 319F.)
4.
Section sixty-four of the principal Act is amended by the addition after the word "Minister" in line two of the words "and on appointment the Returning Officer shall make and subscribe a statutory declaration in the prescribed form."
5. Section sixty-five of the principal Act is amended Izootaideat
by the addition after the word "officer" in line five of Of s. 65.
subsection (1) of the words "and the returning officer
shall before commencing his duties make and subscribe
a statutory declaration in the prescribed form."
6. Section sixty-six of the principal Act is amended .thiendment
by the addition after the word "board" in line five of nrs 66.
subsection (1) of the words "and each deputy returning
officer and poll clerk shall make and subscribe a declara-
tion in the prescribed form before the returning officer."
7. Section sixty-seven of the principal Act is amended Amendment
of s. 67.
by deleting the words "not exceeding'' in line six.
| 8. | Section seventy-four of the principal Act is | -- Amendment |
of s. 74.
repealed and substituted by the following:—
74. Before and in time for every election the returning officer shall cause to be printed a sufficient number of ballot papers in the prescribed form and subject to section thirty-seven of this Act, cause to be supplied a sufficient number of copies of the roll for use at each polling place.
| 9. | Section seventy-six of the principal Act | IS kmendment |
of s. 'C.
amended
(a) by inserting before the word "Each" in line one the figure one in brackets thus " (1)", and
| No. 25.] | Road Districts. | [1947.. |
(b) by the addition after the word "election" in line three of the following
27 of 1907,
| e. 113 now | (2) The appointment of scrutineers shall be made by written notice to the returning officer or deputy returning officer signed by the candidate, giving the names and addresses of the scrutineers, or in case of emergency without such notice by permission and in the discretion of the returning officer or deputy returning officer. |
| s. 114 in the | |
| 1943 reprint. | |
| (3) Every scrutineer shall upon his appoint- ment make and subscribe a declaration in the prescribed form in the presence of the return- ing officer or deputy returning officer. | |
| Amendment |
| of s. 81. | 10. Section eighty-one of the principal Act is amended |
by
(a) inserting after the word "officer" in line five of subsection (2) the words "or deputy return- ing officer",
27 of 1907, s.
| 124 now s. 126 | (b) inserting before the word "deliver" in line one "mark with his initials on the back in such a position to be seen easily when folded to conceal the vote and", and |
| in the 1943 | of paragraph (a) of subsection (2) the words |
| reprint. |
(c) adding after subsection (3) the following
(4) Every returning officer or deputy returning officer who fails faithfully to per- form ally duty imposed npem him by this section by reason whereof any of the require- ments of this section are not effectively ful- filled is ?liable to a fine not exceeding ten pounds.
| Amendment | 11. Section one hundred and sixty of the principal Act is amended by |
| of s. 160. | |
| Paragraph |
| (31) added | (a) substituting the figures thirty-two in brackets |
| by 46 of 1946, |
| s. 2 and | thus " (32) " for the figures thirty-one in | ||
| paragraphs | |||
| (31) and | brackets thus "(31)" secondly appearing | ||
| c321 added by | |||
| 64 of 1946, | therein, | ||
| s. 4 (b). | |||
| 1947.] |
|
| (b) | substituting the figures thirty-three in brackets thus " (33)" for the figures thirty-two in brackets thus " (32)", and |
(c) adding after paragraph (33) the following
(34) establish and maintain by annual appropriations of revenue a fund for replace- ment of plant to be called the plant replace- ment reserve investment fund to be the sub- ject of a separate account. The money con- stituting the fund shall be invested in man- lier authorised by the Minister until required for the replacement of plant.
kraendnient
| 12. Section two hundred and one of the principal Act | of s.201. |
is amended by
| (a) | substituting the figures sixty-three in brackets i(rgarIrd by |
thus " (63) " for the figures sixty-two in 463oafn11,46,
| brackets thus " (62)" secondly appearing 31;aragraphs | (62) Ana | ||
| therein, and |
|
| (b) | substituting the figures sixty-four in brackets 1946, S. 6 (e) |
thus " (64)" for the figures sixty-three in
brackets thus " (63)".
13. The principal Act is amended by the addition after Ns.o;r8gea"n
section two hundred and eighty six E of the following
section:—
286EA. (1) If land is
| (a) | alienated from the Crown in fee simple, |
(b) rateable property,
| (c) | situate wholly or partly in a townsite, |
| (d) | vacant, whether enclosed with a fence or |
not enclosed, and
| (e) | land in respect of which no rates (whether assessed or not) have been paid for a period of at least seven years expiring on or after the thirtieth day of June One thousand nine hundred and forty-eight |
the board for the district in which the land is situate may apply in form and manner prescribed to the Minister for a certificate that the land shall be vested in His Majesty.
| 56 | No. 25.] | Road Districts. | [1947. |
(2)
The Minister shall consider the application
and the circumstances surrounding the application
and may grant or refuse such application.
(3) If the application is granted the Minister shall issue a certificate in form and manner prescribed that the land shall be vested in His Majesty and shall cause to be delivered to the Registrar of Titles, the Registrar of Deeds or other person having the custody or control of any register or public record kept for the purpose of recording the ownership of and transactions relating to land a copy of the cer- tificate.
(4) Upon delivery pursuant to subsection (3) of this section of the copy of the certificate the pro- visions of section two hundred and eighty-six C of this Act shall apply (the necessary changes by way of adaptation being made) as if the copy of the cer- tificate were a transfer or conveyance (as the case may be) expressed to be in exercise and in professed exercise of the power conferred by that section and accompanied by a declaration under subsection (5). of that section.
Amendment
| of s. 291. | 14. Section two hundred and ninety-one of the prin- |
| cf. Municipal | cipal Act is amended by the addition after the word |
Corporations "establishment" in line nine of paragraph (da) of the
Act, 1906-
1946, s 219B following paragraph-
| 1945, s. 10. | 0.59 of |
(db) (i) Subject to the approval of the Governor given on the recommendation of the Minister, and to the provisions of this paragraph, the erection on any land vested in or acquired by the board -for the purpose, of houses to be let on lease or sold under contract of sale to any persons to whom the board may be will- ing to let on lease or sell the same.
(ii) A board which proposes to exercise the power conferred by subparagraph (i) of this para- graph shall in the first instance set out its proposal with all material particulars in writ- ing and submit the same to the Minister for his consideration.
| 1947.] | Road Districts. | [No. 25. |
(iii) On receipt of a proposal from a board under subparagraph (ii) of this paragraph and after consideration thereof the Minister may
| (a) | decline to recommend the same to the |
Governor, or
(b) request the board to amend its proposal in such manner as the Minister may require. or
(e) recommend the proposal or the amended
proposal (as the case may be). to the Gov-
ernor for approval.
(iv) If the Governor approves of a proposal sub- mitted to him under this paragraph, notice of the approval shall be notified to the board
and published in the Government Gazette.
(v) The money required for the erection of a house or the acquisition of land for the carrying out of a proposal approved by the Governor under this paragraph shall be expended out of loan moneys raised for the purpose under this Part of this Act.
(vi) The rents and profits derived by the board from the leasing of houses and the net proceeds derived by the board from the sale of houses under this paragraph shall be used and applied for payment of interest and sinking fund con- tributions or otherwise for the redemption of the loan from which the moneys were taken.
15. The principal Act is amended by inserting after ‘;;ifart
the word "board" in line four of section three hundred
and nineteen the following
PART VILA.-AGREEMENTS BETWEEN BOARDS AND THE
STATE HOUSING COMMISSION FOR THE PROVISION
OF ROADS.
319A. For the purposes of this Part of this
Act
"account" means a separate account recorded
by the Board in respect of each agreement.
"advance" means an advance of money by the
Commission to a board under an agreement.
| No. 25.] | Road Districts. | [1947. |
"agreement" means any agreement relating to the provision of roads for an area and made between a board and the Commission under this Part of this Act.
"area" means any area of the laud dedicated or leased to or purchased or acquired by the Commission for the purposes of the State Housing Act.
"Commission" means The State Housing Com- mission constituted under the State Hous- ing Act.
"State Housing Act" means the State Housing
Act, 1946-1947.
319B.
When for any purpose necessary, conven- ient ancillary or incidental to the furtherance of the objects or facilitating the operation of the State Housing Act the provision of roads is required for any area, a board may at its discretion subject to this Part of this Act and to the approval of the Minister enter into agreements with the Commission and having entered into any agreement shall fulfil the same.
An agreement shall include provision that the Board shall record separately in respect of the agreement an account in which there shall be credited to the Commission the amount of the advance made and debit from time to time to the Commission the amount of the general rate payable on the land in the area until the total of the debits equals the total of the credits when the Board's liability for repay- ment under the agreement shall be discharged.
319C.
The Board shall also pay annually to the Com- mission interest at the rate determined in the agree- ment on the amount of the advance outstanding at the beginning of each financial year.
The provisions of sections two hundred and ninety-seven, two hundred and ninety-eight, two hundred and ninety-nine and three hundred of this Act shall not apply to an agreement or anything done in fulfilment thereof.
319D.
| 1947.] | Road Districts. | [No. 25. |
319E. The provisions of this Part shall apply in respect of agreements made since the thirty-first day of July one thousand nine hundred and forty-seven and any agreement made since that day and any- thing done in fulfilment thereof is ratified and con- firmed.
Provided that agreements shall be deemed to include the provisions of section three hundred and nineteen C of this Act.
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