Roads Agreements between the State Housing Commission and Local Authorities Act 1950 (WA)

1950.] Roads Agreements between the [No. 15.

State Housing Commission

and Local Authorities.

ROADS AGREEMENTS BETWEEN THE

STATE HOUSING COMMISSION AND

LOCAL AUTHORITIES.

14° Geo. VI., No. XV.

No. 15 of 1950.

AN ACT to repeal Part XA of the State Housing

Act, 1946-1948; Part XXIVA of the Municipal

Corporations Act, 1906-1947; Part VIIA of the Road Districts Act, 1919-1948, and to re-enact the provisions of those Parts with amendments as a separate Act.

[Assented to 17th November, 1950.]

RE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

This Act may be cited as the Roads Agree-

ments between the State Housing Commission and

Local Authorities Act, 1950.

Short title.

1.

2.    This Act shall come into operation on a day aorence-

to be fixed by proclamation.

3.   The Acts to the extent mentioned in the Repeal.

Schedule to this Act are repealed.

No. 15.] Roads Agreements between the 1.1950.

State Housing Commission

and Local Authorities.

Interpreta-

t±on. 4. In this Act unless the context requires other-

wise

"advance" means an advance of money by the Commission to a local authority under an agreement;

"agreement" means an agreement which relates to the provision of roads for an area, which is made between the Commis- sion and a local authority, and to which the provisions of this Act apply;

"area" means any area of the land 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;

"local authority" includes a municipal council within the meaning and for the purposes of the Municipal Corporations Act, a road board within the meaning and for the pur- poses of the Road Districts Act, and a local authority within the meaning and for the purposes of the Health Act, 1911-1948;

"Local Government Act" means the Act pur- suant to the provisions of which the local authority is constituted;

"Municipal Corporations Act" means the Muni- cipal Corporations Act, 1906-1947, and Acts passed in amendment or substitution for that Act;

"Road Districts Act" means the Road Districts Act, 1919-1948, and Acts passed in amend- ment or substitution for that Act;

"State Housing Act" means the State Housing Act, 1946-1948, and Acts passed in amend- ment or substitution for that Act;

"supplementary agreement" means a supple- mentary agreement by which the pro- visions of an agreement are extended, modified or otherwise varied pursuant to the provisions of this Act.

1950.] Roads Agreements between the [No. 15.

State Housing Commission

and Local Authorities.

5. The provisions of sections four hundred and IZIsPrgi

forty-eight, four hundred and forty-nine, four c-a-l-

g loottenment

hundred and fifty, four hundred and fifty-one and apt y do not.

four hundred and fifty-four of the Municipal Cor- agreements.

porations Act and the provisions of sections two hundred and ninety-seven, two hundred and ninety- eight, two hundred and ninety-nine and three hundred of the Road Districts Act do not apply to agreements.

the Commission and a local authority may from agreements 6. (1) Subject to the provisions of this section PefreerrittZ)

mentary

time to time— agreements.

(a) enter into agreements;

(b) having entered into an agreement, by supplementary agreement extend, modify or otherwise vary the provisions of the agreement.

(2)

A local authority shall not enter into an agreement or a supplementary agreement without first being authorised in writing to do so by the Minister to whom is committed the administration of the Local Government Act pursuant to the pro- visions of which the local authority is constituted.

(3)

The Commission shall not charge a local

authority more for money advanced than the cost

of the money to the Commission.

(4) All agreements or supplementary agree- ments entered into under the provisions of this sec- tion shall be made an annual report and laid upon the table of the House.

Retroactive-

7. (1) The provisions of this Act apply in respect operation.

of agreements made since the thirty-first day of July one thousand nine hundred and forty-seven and agreements made since that date and any- thing done in fulfilment thereof is ratified and confirmed.

(2) The provisions of the last preceding subsection do not prejudice or affect the application of this Act to agreements generally whenever made.

No. 151 Roads Agreements between the [1950.

State Housing Commission

and Local Authorities.

SCHEDULE. s. 3.

Act. Extent of Repeal.

State Housing Act. Delete from section three the

words--

"Part XA, ss. 70A to 70D— Agreements between the Com- mission and local authorities for provision of roads."

Delete the whole of Part XA.

Municipal Corporations Delete from section two the

Act. words

"Part XXIVA, ss. 473A- 473F.—Agreements between councils and the State Hous- ing Commission for the pro- vision of roads."

Delete the whole of Part

XXIVA.

Road Districts Act. Delete from section two the

words

"Part VLIA.—Agreements between boards and the State Housing Commission for the provision of roads. (Sections 319A to 319F.)"

Delete the whole of Part VIIA.