Roads Act 1865 (SA)

ANNO VICESIMO NON0

No. 15.

An Act to amend An Act No. l7 qf 1852, " For tile making and im-

proving of Roads in Xouth Azcstmlin," nnd.for other purposes.

[Assented to, 16th March, 1866.1

HEREAS by An Act, No. l 7 of 1832, " For the making and Preamble.

improving of Roads in South Australia," it is enacted that the Central Board of Main Roads thcreinafter appointed should be the Commissioners for the care, control, and management of Main Roads, and by the sixth section of thc said Act it is further enacted,

that the said Ccntral Board of Main Roads should cause to be de-

posited in thc office of the Surveyor-General survey maps and plans of all Main Roads not theretofore deposited, describing the course and bearing and the aclmcasuremcnt of the same, and when and so often as such survey maps and plans were deposited should cause

notice thereof to be published by advertisement in the South Austra- lian Governlne?it Gazette, setting forth such particulars as might be

sufficient generally to describe such roads, and referring to the survey maps and plans deposited as aforesaid: And whereas the said Central Board of Main Raads has from time to time used as

Main Roads certain roads, plans of which have not been deposited

and which have not been duly gazetted as prescribed by the said section; and has also from time to time made orders for closing portions of such roads so used as aforesaid. and for the sale or ex- Ehange of the portions of such roads so closed; and land grants or certificates of title have from time to time been issued in pureu- ance of such orders for the portions of such roads so ordered to be sold or exchanged as aforesaid: And whereas doubts have arisen as to the validity of such orders, and of the land grants, and certi-

f h t e s of title issued in pursuance thereof in consequence of the

P n011.compliBnce

S6 29" VICTORI4, No. 15.

- -- - --

The Roads Act.1865-6.

non-compliance of the said Central Board of Main Roads with the provisions of the said sixth section of the said Act No. 17 of 1862: And whereas it is expedient twamend the said Act No. 1'7 of 1852, by providing for the Proclamation of Road Districts, and the ap- pointment of Local Boards of Main Roads for the care, control, and management of all Main Roads within the limits to bc defined in the Proclamation constituting such Road Districts; and also by repealing the said sixth Section thereof, and making other provisions in lieu thereof: And it is also expedient to remove the doubts before mentioned, and to validate all such orders, land grants, and certificates of title as aforesaid-Be i t therefore Enacted, by the Governor-in-Chief of the Province of South Australia, with

the advice and consent of the Legislative Council and EIouse r\f

Assembly of the said Province, in this present Parliament assembled,

as fall0 ws:

Short title,	1. This Act may be cited as G' The Roads Act, 1865-6."
Repeal.	2. Section No. 6 of the Act No. 17 of 1852, intitulcd A11 Act

for the making and improving of roads in South Australia," is hcrcby repealed, save as far as may be necessary for supporting any proceed-

ing had or taken thereunder before the passing of this Act.

Incorporation.	3. The said Act, No. 17 of 1852, and " The Roads Amendment Act, 1863," slia.11, save in so far as the same is hereby repealed, be read and construed herewith, as forming one Act.
Constructionof termc.	4, In the construction of the said Acts, No. 17 of 1852, the said U Roads Amendment Act, 1868," and this Act, the word " Com- missioners'' shall, in addition to thc meaning attached to it by the said Acts, No. 17 of 1852, and the " Roads Amendment Act, 1863,"
be taken to mean ancl include all Local Uoards of Main Roads, to be
appointed ns hereinafter mentioned.

Governor nlny

procl~imroaddistricts. 5. The Governor may, from t h e to time, with the advice i f the

Executive Council, by Proclamation in the Govemznze?zt Gazette,

dcdnre end definc on; or more road districts, not being less than one hundred and twenty miles distant from the City of' Adclaiile; and from and after a date, to be fixed in such Proclamation, all the powers, nuthoritics, and anties of the Certtml Hoard of Main Roads, in reference t o all main roads within the limits of such road district, shall ceasc.

District Coun~ils,

within limits of ~ o ~ d 6. From ancl after the Proclamation of any Road District, the

District, not t o vote District Councils within the limits thereof shall not be entitled to

at election of Cvntral of hIain noadJ. vote at the election of' any member for the Cleiltral Board of Main

Roads, nor shall the Chairman of any such District Council be entitled to attend q o$icio at the meetings of the said Cantral Boarcl of Main Roads.

may

point h a 1 B d 7. At any time after the Proclamation of afiy Road District as

of Nab Bode. aforesaid,

29" VICTORIX, KO, 15.

aforesaid, the Governor with the advice aforesaid, ma,y appoint a Local Hoard of hIain Koads, which sllall consist of not more t1m.n five members nor lms than thrce mcmbem, and t l ~ c Governor from timc to timc may remove any 1ncm5er and appoint any pcrson to fill any vacancy that mny occur in such Board; ancl thc said members allcl all succeeding members whilst so con t inu in~ shall be ancl they

me hereby incorporated by the nn~nc of' " Thr ~ o c a l Uoard of Main

Roads for the Ilistrict of ," with the mlrtition of

the distinct il-e name a p1,oint ed in the I'roclnmation clc~clr~ring such district, a i d the menlbcrs of such board prcsent nithin five minutes

of tlic tiinc appointed for any meeting, and rcmajning until the

business is roncludecl shall be paid the sum of one guinea for cvcry such attendance: Provicied that such paymcnt shall not be made

for more than one meeting in each montl.1.

8. At all meetings of any Local Hoard of %fain R.oads, every Chairmen of Diatrlob

Chairinan of a District Council within the limits of its Road District ~ ~. ~ ~ ", ~. y	attend
shall, e,2t qficio, be entitlccl to attend nncl bc Ileard nncl take part in all proceedings, except that they, shall as snch h a r e no right of voting.

9. The following causes shall cause R vacancy in any Local m a t t o o c ~ u i o n

Board of Main Roads: vacancier.

Death or 1,unacy:

Kon-attendnncc at tllc meetirrgs of the Bum1 for a period of

tlrree consecutive months:

I)isqnalficatioiz by i~cccpting or continuing to hold any office or

placc of profit unr1c.r this Act, or the said Acts, No. 17 of i852, or "The Roncis An~endmcnt Act, lS(i3," othcr than as a inembcr of' the Board, or being concerned or par- ticipating in any coiltract, or in tlic profit illereof, or of any

T V O I ' ~ to be done ~ulrleu the a~~ thn r i t v of the same: Pro-. -

by bcing n shareholder or inembcr c i f any Joint Stock vicld that no member shall he dcrkrrt to bc disqualified Company incurpowted by I<oj-nl Charter, or cstnblished by any Act' of l'arlinmcnt, or any Act or Ordinancc of the Legislature, by rcason of any contmct entered into between sllcll Comp;mv and tlle Board; bnt no i~cmbcr, being a member or shikeholdrr of auc11 cornpnny, sllall rote on any question relating to tllc cxccution of this ,4ct by which such company is interested:

Disqunlificntion by being adj judicatcd insolvcn t; or being cnn-

victed of any felony; or of any mis:lemennor for which t l ~ membcr so convicted shall be sentencccl to imprison-

ment, otlicr~viw tlmr fhr lire non-payment of any fine:

Resignation, by notice in writing delivered to the (:hairman or Clerk of thc Board by the illember resigning:

Refusal to make .or sign the declaration hereinafter prescribed:

And

5290 VICTOEIB, No. 15.

The R&& A c t. 1 8 6 5 - 6.

And when any vacancy shall occur in such Board the Chairman

shall cause a notice thereof in-writing to be forwarded to the Com- missioner of Public Works for transmission to the Governor, who shall thereupon appoint so many persons as may be necessary to fill such vacancy,

Declaration to be

made by memberr 10, No person shall be capable of acting as member of any Local Board of Main Koads, excer3t in aclrninisterinrr t,he declaration here- inafter mentioned, until heBhal1 ham made &l signed, before one of tlie members, a declaration to thc following effect :--

before noting. -

c‘	I,	, do hereby declare that I will faithfully and impartially, according to the best of my skill and judg; ment, execute all the powers and authorities reposed in me as a member of the Local Board of Main Roads for the Dis-
trict of , by virtue of the Roads Act, 1865-6,
and also that I am not disqualified as a member in terms of tlie same Act."

h l a e declaration mim 1 1. Any person who shall falsely or corruptly make and sub-

demeanor,

scribe the declaration aforesaid, knowing the same to be untrue in

any material particular, shall be deemed guilty of misdemeanor.

Amualandordinay 12. Every Local Board of Main Roads shall, on the last Monday

meotingg.	in January in each year, hold an annual meeting, at a place to be
by them appointed, and they shall also hold one meeting at least in
each month for the transaction of general business, and the said meetings shall be held at such places ancl on such day or days in
each month as the aid Board shall from time to timc appoint, and
when any such appointment is made, the clerk shall give notice thereof to each member of the said Boarcl, afid they shall afterwards, until the time or place of such meeting is changed, and notice of such change duly given, attend such meetings without notice.

G~ecial meetings may

be called.	1 3. The chairm ail or any two members of any Local Board of 19ilin Roads may, at any time, by writing under their hand, require the clerk to convene and call a special meeting of such Board, and shall therein state tlie business proposed to be transacted at such meeting; and thereupon such clerk shall conrene such meeting by forwarcling, through the General. Post Office, to the members of such Board, notice of the day and hour thereof, and stating the business for which such meeting is called, at least four days before the time appointed, and at such meetirrg no other business shall be
transacted than that stated in such notice.
Election of Chairman
of Lwel Board.	24. At the first meeting of every Local Board of Mail1 Roads after the appointment as aforesaid, and at every annual meeting thereafter, the members of such Local Board, then present, shall elect a Chairman, who shall continue in office till the ensuing an-
nual meeting, and in case such Chaidnan shall die, or resign, or cease to be a member of such Board, or otherwise become disqualified to

*c%

29" VICTORIm, No. 15.

The Roads Act.-l 865-6.

act as such, the inen~bers of such Board, at their next ordinary meeting shall appoint another Chairmaii, and the Chairman so appointed shall continue in office so long as the person in whose place he was al~pointed mould have becn entitled to continue Chair- man, and if at any mccting of thc said Board the Chairman be not present, one of the rncmbcrs present shall be elected Chairman of such meeting by the majority of the votes of the members present, at such mecting: Provided, that if at any meeting, whetlier annualor otherwise, there bc an equality of votes in the election of the Chair- man, it shall be decided by lot which of the members, having an

equal number of votes, shall be the Chairman.

15. All meetings of cvcry Local Board of Main Roads shall be Mmting open 10 utlic.

open to the public, and t l ~ questions there considered shdl be de- L,,, ,r

cided by thc votes of the majority of the members present, but if there shall bc an equal division of votes up011 any question the Chairman shall have a casting vote, in addition to his own vote as a member.

16, All powers vested in the Local Boards of Main .Roads under Quorum.

this Act may bc cxercisecl by any tlirec or more mcmbers of any such Board present at, any mecting holden in pursuance of this Act; and no business shall be trafisacted at any meeting of any such Board, unless the said numbcr of members be imsent.

17. No proceeding of any Local Board of &fain Roads shall be A& of Local Boardr

invalidated or rendered illegal in consequence of there beiug any ~	~	&	~	~	$	~	~	,
vacancy in such Board rtt the time of such proceeding.

18. All proceedings of any Local Board of Main Roads, or of any Informalities in a*.

person acting under the authority of the same, shall be valid and g,"trif,,0\$rL	sufficient. notwithstanding it be afterwards discovered that there date proceeding#.	-
was some defect in the appointment or election of any m d e r of

any such Board or person acting as aforesaid.

19. All the powers conferred upon the Central Board of Main Certain powersvested

Roads, by the said Act No. 17 of 1852, for making and enforcing by- $f~D~,"~~",",'$&d

laws, and for the appointment of officers, and all duties imposed upon upon LOCEJ Boardr	such Central Board of &fain Roads as to entering proceedings in within the limita of
books and the ins~cction of the same, taking sccurity from officers,
and forwarding aciounts to the ~ommissioner-of ~ u b l i i Works, shall, withiu the limits of their respective districts, be conferred and imposed upon the Local Boards of Main Roads to be appointed as hereinbefore mentioned: Provided that the Governor may, by Proclamation in thc Governmefit Gazette, further define and limit, the powers of or impose further duties upon such Local Boards of
Main Roads in respect of matters not provided for by this Act, and
~ c h regulations from time to time may repeal, alter, or vary.

20. From and after the appointment of any Local Board of Main An power8 of Ceatd ,

Roads as aforesaid, all the powers and authorities by the said Acts, Bowl Board QOPIOXTC~

Q No.

40 29" VI;CTORIAE, No. 15.

The Roads A c t. 1 8 6 5 - 6.

on Local Boards

within limits of Road No. 17 of 1862, and the Roads Amendment Act, 1863," conferred

Dietrict. on the Central Board of Main Roads, within the limits of such Road District, be conferred upon and exercisecl by such 1,ocal Boards of Main Roads; and they shall, within such limits as aforesaid, ycrform all the duties by the said Acts. or either, presvribed to be performed by,the said ~ e n t r a l Hoard of Main Roads; and from and after their aqpointment as aforesaid all main roads within the limits of any such lioad District, with the pnblir. works connected therewith, and the right, property, a i d interest in a l l lamps, direction boards, mile- stones, posts, rails, malls, fences, and other erections and buildings, with the app~tennncea respectively thereunto belonging, and the

~ o a r d ofiitainRoads. materials of which the snmr sl~all consist, and all mntcrials, tools,

and implements which shall be provided for such Main Roads, or portions of hlain Roads, and the timber g ~ o ~ ~ i n ~ thereor,, sliilll be

wstetl in and ~ d e r tlie care, control, and management of such

Local Board of Main Eoads.

Jn caaenoLocnlBoard 2 1. After the clate to be fixed by the Proclairixtion r'icclaring any	appointed for any	Road District, Gum- Road District as d'oresaicl, if no 1,ocal Boarcl of Nain Roads has
missioner of Public Works to act till RP* been appointed for such Road District, under tllc powers in that

ofBonrd. behalf hereinbefore contained; and until such appointment is made, thc Commissioner of Public Works, acting as Clominissioner of Roads,

L

shall have anti exercise, in reference to such Road District, all the

powcrs and authorities, and sliall perform all tlie duties which

. might have been had, exercised, or performed bp the Locd Board of Main Itoacls for the said district, had such a Board been duly appointed.

Central Board of 22. Until a map or plan of any Main Road or portion of a Main

Main Roeda and Local ofMaio Roada Road shall havc becu depositcd in the office of the Surveyor-General

may sell and exchange as hereinafter mentioned, the Central Hoard of Main Koads, as to

certain District

Boada,	all portions of the said Province not includcd in any Road District,
and all Local Boards of Main Roads within their respective districts, shall have full power and authority in the construction or definition of any M ~ i n Road or portion of a $fain Road to deviate from any
track'or road theretofore used as a Main Road, and may make any order for closing, or for closing and selling, or closing and ex- changing any District Road, or portion of a District Road for which in their opinion the hlain Road so constituted or defined is a substi- tute, and which it is therefore expedient to close.

aentralsoard.fMain	228.	Whenever the Central Board of Main Roads, or any Local Board
Roads and Local

of Main xopaa of Main Roads shall have finally determined on the exact course and

bearing of any Main Road, or portion of a Main Road, such Central

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in office or surreyor-	Board of Main Roads or Local Board of Main Roads respectively shall
Generaj.	cause to be deposited in the office of the Surveyor-General, survey maps and plans describing the course and bearings and admeasurements of the same, and when and so often as any such survey maps and plans are deposited, shall cause notice thereof to be published by advertiswent in the Government Gazette, setting forth such parti-

culars as may be suflicient generally to describe such road, or portion

of

29" VICTORIB, No. 15.	41
The Roads Act .1865-6.

of a road, and referring to the survey map and plan deposited

as aforesaid; and such maps and plans dlall be open to public inspection, and the same, or copies thereof, certified under the hand of the Survwor-General, shall be evidence in dl legal pro-

ceedings: ~ r o v i d a that it shall not be necessary for the said P ~ O ~ ~ O.

Boards to cause such maps and plans to be deposited in reference to any roads, or portions of roads, of which maps and plans shall here- tofore have been deposited under the provisions of the said sixth section of said Act No. 17 of 1852, and such maps and plans, so heretofore deposited, shall have the same force and effect as if the same had bccn deposited under the provisions hereof.

24. All orders for closing, or for closing and selling, or closing and Orden for cloainr roade heretofore

exchanging any road or portion of a road heretofore made by the m& by Cenbal

Central Board of Main Roads, and all land grants or certificates of ~;df~$$t~;,"l

title granted or issued in pursuance thereof, shall be as valid and B .,. t,.,,,tt,d,

effectnal for all purposes whatever, as if a map or plan of the road or portion of a road so ordered to be closed, or ordercd to be closed and sold, or closed and exchanged, had been duly deposited, and notice thereof had been duly published in manner prescribed in the said sixth section of the said Act No. 17 of 1852, " For the making and improving of Roads in South Australia: " Provided that nolhing in this clause contained shall extend to any care in which a question or dispute has actually arisen concerning the validity of any such order.

In the name and on behalf of the Queen I hereby assent to

this Act.

D, DALY, Governor.