State Development and Public Works Organisation Act Amendment Act of 1940 (4 Geo Vi No. 2) (Qld)

WATER SUPPLY AND SEWERAGE-WORKS. 4 GEO. VI. No. 2,1940. State Development, Etc., Act. 18021 SCHEDULE. PART IV. Part of that piece or parcel of land set out in Part H. of this Schedule, being an area of 1 rood 20 perches, commencing at a point seven chains south from the south-east corner of Portion 104, and bounded thence on the north, the west, and the south by lines bearing west seven chains fifty links, south fifty links, and east seven chains fifty links ; and on the east by a road bearing north fifty links to the point of commencement :-as shown on plan aforesaid, Catalogue No. Mt. 1036. WILLS (SOLDIERS, SAILORS, AND MEMBERS OF THE AIR FORCE). See SUCCESSION. WORKS. An Act to Amend" The State Development and 4a;g:iI. Public W()rks Organisation Act of 1938" in Di: : L~ = i" certain particulars, and for other purposes. ~u: £~ ~ ~: ACT [ASSENTED TO 16TH OCTOBER, 1940.] ! ~ ~ ~ ! 6. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- , lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The State Short title Development and Public Works Organisation Act : ~ struction. Amendment Act of 1940," and shall be read as one with *" The State Development and Public Works Organisation Act of 1938," hereinafter referred to as the Principal Act. The Principal Act and this Act may be collectively Collective cited as "The State Development and Public Works title. Organisation Acts, 1938 to 1940." Amendments of the Principal Act. 2. Section three of the Principal Act is amended as Amendments follows : - of s. 3. (a) The following new definition " Land " is inserted therein after the definition "Co-ordinator-General," > namely:- " " Land "-Includes (but without limiting its Land. ordinary meaning or the meaning assigned .. 2 Geo. VI. No. 3, 8upra, page 17365.

18028 Works. WORKS. State Development, Etc., Act. 4 GEO. VI. No. 2, to it by .;c" The Public Works Land Resumption Acts, 1906 to 1938 ") any land the fee-simple of which is subject to any trust or which is held from the Crown upon any tenure or subject to any trust under any Act relating to the alienation of Crown lands and any wharf; The term also includes any estate or interest in land (legal or equitable) and any easement, right, power, or privilege over, in, or in connection with land." (b) The definition" Works or projects" is repealed and the following new definition "Works" is inserted in lieu thereof, namely ;- " " Works "-The term includes the whole or any part of any works, project, undertaking, service, utility, function, or other matter or thing whatsoever which- (i.) The Crown, or (ii.) Any corporation, commission, board, or instrumentality representing the Crown, or (iii.) Any local body, or (iv.) The Co-ordinator-General, is or may be authorised to construct, undertake, establish, carry out, maintain, carry on, manage, and/or control, and any extension of or addition to any " works" as hereinbefore defined; The term also includes the whole or any part of any works, project, undertaking, service, utility, function, or other matter or thing whatsoever included or proposed to be included by the Co-ordinator-General as " works" in any programme of works, or determined by the Co-ordinator-General to be works, or which the Governor in Council authorises the Co-ordinator-General to construct, undertake, establish, carry out, maintain, carry on, manage, and/or control." * 6 Edw. VII. No. 14 and amending Acts, supra, pages 8211 et Beq.

1940. WORKS. State Development, Etc., Act. 18029. 3. (1.) Section eight of the Principal Act is repealed R:feal of and the following new section eight is inserted in lieu an new s. s.. thereof, namely:- =;:::.do "[8.] (1.) The Governor in Council may appoint Secretary, a Secretary to the Co-ordinator-General and such other officers as may be necessary for the administration of this Act. (2.) The Secretary shall have power to execute documents on behalf of the Co-ordinator-General and to affix the official seal thereto and shall also have such other powers and perform such other duties as may, from time to time, be prescribed or, in so far as not prescribed, appointed or directed by the Co-ordinator- General. (3.) For the purposes of filling any office, including the office of Secretary, the Governor in Council may, pursuant to *" The Public Service Acts, 1922 to 1924," appoint or second any officer of the Public Service. (4.) The Co-ordinator-General may retain or obtain the advice or services of such technical advisers and experts as he shall from time to time consider necessary. (5.) The Co-ordinator-General may employ such Employees. employees as he shall deem necessary for the administration of this Act. (6.) Salary or wages shall be payable to every Remunera.- officer, including the Secretary, or employee at the rate ti;: of d for the time being fixed by any applicable award or ~;i:=. agreement (whether an award or agreement made pursuant to the tOommonwealth Oonciliation and Arbitration Act 1904-1934 or an award or agreement made pursuant to t" The I ndu8trial Oonciliationand Arbitration Act8, 1932 to 1938") or, if there is no applicable award, then, in the case of an officer, including the Secretary, at the rate determined by the Goyel'lwr in Council or, in the case of an employee, at'tlleiYhite determined by the Co-ordinator-General." * 13 Geo. V.No. 31 and amending Act, Bupra, pages 10159 et Beg. t No. 13, 1904, ~ d amending Acts. See Commonwealth Statutes, Vol. XXIV., pages 171 et Beg. ~ 23 Geo. V. No. 36 and amending Acts, supra, pages 14266 et Beg_

18030 WORKS. State Development, Etc., Act. 4 GEO. VI. No. 2, :Saving as to (2.) All officers of the Co-ordinator-General, :: ~ tl including the Secretary, appointed prior to and in office ments. at the passing of this Act, shall be deemed to have been duly appointed, and shall continue in office accordingly without any further or other appointment under the Principal Act as amended by this Act. New ss. 8A 4. The following new sections numbered 8A and ,and 8B. 8B are inserted after section eight of the Principal Act, namely:- Co- "[8A] (1.) The Co-ordinator-General is hereby { G)erdnienraatlor- constituted a corporation sole under the name and style constituted of "The Co-ordinator-General of Public Works," and :orporation by that name shall have perpetual succession and an .sole. official seal and shall be capable in law of suing and being sued and, subject to this Act, shall have power to take, purchase, sell, exchange, lease, assign, transfer, surrender to the Crown, and hold lands, goods, chattels and other property. Nothing in this section shall prevent or be deemed to prevent the Co-ordinator-General from having and exercising, pursuant to subsection two of section seventeen of this Act, the powers, authorities, jurisdiction and protection of a commission within the meaning of *" The Official Inquiries Evidence Acts, 1910 to 1929," in his individual capacity. (2.) All courts, judges, justices, and persons acting judicially shall take judicial notice of the appoint- ment of the Co-ordinator-General and of the Deputy Co-ordinator-General and of the Secretary to the Co-ordinator-General and of their respective signatures and of the seal of the Co-ordinator-General affixed to any document or notice, and until the contrary is proved shall presume that any such signature or such seal, as the case may be, was duly affixed to any document or notice concerned. Application [8B] (1.) The Co-ordinator-General shall be and be ~ f~ ~e A~ iI deemed to be a constructing authority within the NO. l~ : and· meaning of t"The Public Works Land Resumption Acts, ~ ~ : ~ dmg 1906 to 1938," f<?r the purposes of the following works or purposes, that IS to say :- (i.) Any works authorised by the Governor in Council under this Act to be carried out by the Co-ordinator-General; * 1 Geo. V. No. 26 and amending Act, supra, pages 748 et seq. t 6 Edw. VII. No. 14 and amending Acts, supra, pages 8211 et Beq.

WORKS. 18031 1940. State Development, Etc., Act. ( ii.) Any works included in a programme of works approved by the Governor in Council notwithstanding that such works are not being or to be carried out by the Co-ordinator- General; ( iii.) Any works being or to be carried out by any local body in any case where, at the request of such local body, the Co-ordinator-General consents to act as such constructing authority for and on behalf of such local body; (iv.) Any purpose for which land may be taken under *" The Public Works Land Resumption Acts, 1906 to 1938," in any case where the Governor in Council approves of the Co-ordinator-General acting as such constructing authority; (v.) Any purpose of rural development or production approved by the Governor in Council upon the recommendation of the Co-ordinator-General. (2.) For the purposes of subsection one of this Co-ordin- section the Co-ordinator-General shall, in addition to ~ ~ o~ ~ ~ : neraI any further powers, authorities and jurisdiction conferred powers, &c., upon him by ~h~ s Act, ~ av: e ~ n~ may exercise all the ~~ ~~~ ~i: ~ powers, authOrItIeS and JUrISdICtIOn of the Crown as a authority. constructing authority under *" The Public Works Land Resumption Acts, 1906 to 1938." (3.) Nothing contained in any Act other than this Extent of Act and *" The Public Works Land Resumption Acts, 1906 f~ : aera! ~ . to 1938," as modified by this Act, or in any law, or in any rule, practice, or process of law, or in any judgment of any court of competent jurisdiction, shall prejudice or limit the power of the Co-ordinator-General to take any land whatsoever and wheresoever situated. (4.) The claim for compensation of the trustee or Amount of trustees of any land in respect of the tak~ ng of same ~ ~~ ~ :; : ble by the Co-ordinator-General shall be limIted to the to trustees. amount of actual damage caused to the trust by reason of the taking, and no such trustee shall have any other right, remedy, or claim whatsoever in respect of such taking against the Crown or any Minister of the Crown, or the Co-ordinator-General, or any other person * 6 Edw. VII. No. 14 and amending Acts, supra, pages 8211 et seq.

18032 WORKS. State Development, Etc., Act. 4 GEO. VI. No. 2, whomsoever, and tills Act, *" The Public Works Land Res~ tmption Acts, 1906 to 1938," and every other relevant Act or law or rule, practice, or process oflaw, or judgment of any court of competent jurisdiction, shall be read, construed and applied subject to this subsection. Taking not (5.) Notwithstanding anything contained or implied vtoaleunehoafnce in this Act or in any other Act or law or rule or process land. of law to the contrary, in the assessment and fixation of compensation to be paid to any person for or in respect of the resumption of any land for the purposes of this Act, whether such compensation is determined by agreement or by the court under *" The Public Works Land Resumption Acts, 1906 to 1938," the enhancement or prospective enhancement of the value of any such land resultant or likely to be resultant on the carrying- out or prospective carrying-out of the works or purpose for which the land is resumed shall be entirely disregarded and compensation shall be assessed and fixed accordingly. Proof that land taken required. (6.) If in any proceedings whatsoever it is material to prove that the Co-ordinator-General required to take any land taken by him, a certificate under the hand of the Co-ordinator-General stating that the land concerned was required to be taken by him shall be admissible in evidence and shall be conclusive proof of the fact certified to therein. Evidence in rebuttal of any such certificate shall not be admissible. Proce~ ure as (7.) (a) Neither section six nor paragraph (i.) of ltaontdakmg of section seven of *" The Public Works Land Resuml r Yltion modified. Acts, 1906 to 1938," shall apply or extend to or with respect to land required to be taken by the Co-ordinator- General but, in lieu of the said section six, the following provision shall apply, namely;- When the Co-ordinator-General requires to take any land he shall, not less than thirty clear days before the Proclamation in respect of such land prescribed by paragraph (ii.) of section se\i"enof *" The Public Warks Land Resumption Acts, 1906 to 1938," is made, serve upon each person who to his knowledge is entitled pursuant to section fifteen of such last-mentioned Acts to make * 6 Edw. VII. No. 14 and amending Acts, supra, pages 8211 et seq:

WORKS. 1940. State Development, Etc., Act. a claim for compensation a notice stating that he requires to take such land and containing the particulars hereinafter prescribed. Such notice shall- (i.) Contain a description of the land to be taken sufficient to identify same, (ii.) State that the Co-ordinator-General is willing to treat as to the compensation to be paid in respect of the land taken and all consequential matters. (b) The Co-ordinator-General may at any time after the service of any notice or notices pursuant to paragraph (a) of this subsection, but before the making of the Proclamation in respect of the land concerned prescribed by paragraph (ii.) of section seven of *" The Public Works Land Resumption Acts, 1906 to 1938," serve upon every person who has been served with such first-mentioned notice a further notice stating that he is discontinuing the resumption of the land concerned. 'Service of the further notice or notices prescribed by this paragraph shall discontinue the resumption I concerned, and no person shall have any claim for compensation, or any other right or remedy whatsoever against the Crown or the Minister or the Co-ordinator- General or any other person whomsoever for any loss or damage alleged to have been occasioned (directly or indirectly) by the service of a notice or further notice as aforesaid except a claim for the amount of any actual damage done to the land concerned by the Co-ordinator- General. (c) Any such notice or further notice may be served personally or by post, and for the purpose of service by post any such notice shall be properly addressed if it is addressed to the place of abode or business address of the person to be served therewith last known to the Co-ordinator-General. (d) The omission by the Co-ordinator-General to serve upon any person entitled thereto a notice as prescribed by this subsection shall not prejudice any Proclamation made under paragraph (ii.) of section seven of *" The Public Works Land Resumption Acts, 1906 to 1938," with respect to any land, and any land * 6 Edw. VII. No. 14 and amending Acts, 8upra, pages 8211 et 8eq. 18033

18034 WORKS. State Development, Etc., Act. 4 Gm. VI. No. 2, included in any such Proclamation shall be deemed to be taken in terms of the Proclamation concerned notwithstanding any such omission, and the omission by the Co-ordinator-General to serve upon any person entitled thereto a further notice as prescribed by this subsection shall not prejudice the discontinuance of any resumption by the Co-ordinator-General. (e) Subsection three of section eight of *" The Public Works Land Resumption Acts, 1906 to 1938," shall, mutatis mutandis, apply and extend to and with respect to any notice or further notice referred to in this subsection as well as to any Proclamation taking land. (j) It shall not be necessary to mention the works or purpose for which any land is proposed to be or is taken by the Co-ordinator-General in a notice under . this subsection or Proclamation under *" The Public Works Land Resumption Acts, 1906 to 1938," with .respect to the taking of such land by the Co-ordinator- General, but it shall be sufficient to state that such land is proposed to be or is taken by the Co-ordinator-General. (g) Land taken by the Co-ordinator-General shall, according as the Proclamation taking same or a later Proclamation provides, vest in the Crown, the Co-ordinator-General, any instrumentality representing the Crown, any local body, or any other person whomsoever : Provided that the Governor in Council may, upon the recommendation of the Co-ordinator-General, by Order in Council divest any land from the Co-ordinator- General and vest same in the Crown, or some instrumentality representing the Crown, or local body, or other person. (h) For the purpose of applying subsection one of section eight of *" The Public Works Land Resumption Acts, 1906 to 1938," to and with respect to any land taken by the Co-ordinator-General, the term " constructing authority" therein shaU mean the Crown or the Co-ordinator-General or local body or the other person in whom the Proclamation vests the land, and the term" in fee-simple" therein shaU mean" for the estate or interest taken." * 6 Edw. VII. No. 14 and amending Acts, supra, pages 8211 et seq.

WORKS. 18035 1940. State Developm.ent, Etc., Act. (i) Subsection one of section eighteen of *" The Public Works Land Resumption Acts, 1906 to 1938," shall not apply or extend to or with respect to land taken by the Co-ordinator-General, but the time limited for making a claim for compensation under such last-mentioned Acts shall be three months from the date of the Proclamation taking the land, except in the case of a claimant not notified by the Co-ordinator-General of his intention to take the land concerned who may claim compensation within three months after the making of such Proclamation came to his knowledge. (8. ) Notwithstanding anything contained in any Costs. other Act or law or rule or process of law, the court or arbitrator who or which determines the compensation payable for any land taken by the Co-ordinator-General may, at his or its discretion, order payment of the costs of the proceedings : Provided that if the amount of compensation as finally determined is the amount claimed by the claimant or is nearer to such amount than to the amount offered by the Co-ordinator-General, costs (if any) shall be awarded to the claimant; otherwise costs (if any) shall be awarded to the Co-ordinator-GeneraL (9.) The Governor in Council may in any Liability to Proclamation respecting the taking of land by the pay co~ - Co- ord1· nat or- GeneraI or I.n a Iater ProcIamta' IOn d1' rect pensatlOn. by whom the cost of taking such land and the compensation payable with respect thereto is to be paid and such costs and compensation shall be payable to the Co-ordinator-General accordingly, and if not paid to him upon demand may be recovered as a debt in any court of competent jurisdiction. (l0.) If any land taken or any part thereof is found P?wer to to be not required for the purposes for which it was = o~ : k~ ~ taken the same shall be disposed of as the Governor in and ~ ot Council by Order in Council directs. reqUlr",d. (11.) To the extent necessary to give effect thereto ~ onstruc­ this section shall be read and construed with and as :~ ~~i~~. modifying *" The Public Works Land Resumption Acts, 1906 to 1938," and, in so reading, construing, and modifying such last-mentioned Acts, the term" land" * 6 Edw. VII. No. 14 and t;tmending Acts, supra, pages 8211 et seq.

18036 WORKS. State Development, Etc., Act. 4 GEO. VI. No. 2, shall mean and include land as defined by this Act, and the term " Registrar of Titles" shall mean and include the authority charged with registering instruments of title to the tenure ofthe land: Provided that no provision of such last-mentioned Acts shall entitle, or be deemed to entitle, any person to claim compensation in excess of the value of his. estate or interest in any land taken by the Co-ordinator- General." oAfm B e . n9d. ment follow 5 s . : S-ection nine of the Principal Act is amended as (a) In the first paragraph thereof (being the I paragraph commencing with the words. "With a view" and ending with the word " namely") the words "public works and constructional utilities" are repealed and the word " works" is inserted in lieu thereof; (b) In paragraph (i.) thereof the words "public works and/or constructional utilities" are repealed and the word "works" is inserted in lieu thereof; (c) In paragraph (viii.) thereof the words" works. and projects" are repealed and the word " works" is inserted in lieu thereof, and the words" project or projects" are repealed and the word "works" is inserted in lieu thereof; (d) In the last paragraph thereof (being the paragraph commencing with the words" In this section" and ending with the words. " any local body") the words" have or are being" are repealed and the words "have been or are being" are inserted in lieu of such repealed words. Amendment 6. In section ten of the Principal Act the words. of s. 10. " and constructional utilities" are repealed. Repeal of 7. Section twelve of the Principal Act is repealed B a . n 1 d 2 n . ew and the following new section twelve is inserted in lieu thereof, namely :- Programme "[12.] (1.) The Minister may at any time and from ~ d~~ : ks time to time direct the Co-ordinator-General to plan for order~ y any period- carrymg.out thereof. ( ~ . .) A programme of works for the State or any part thereof; and

1940. WORKS. State Development, Etc., Act. (ii.) The orderly carrying-out over the period or during any particular portion of the period to which such programme relates of· the whole or any of the works included in such programme. (2.) The Co-ordinator-General shall prepare such plan, and for the purpose of enabling him so to do may require any person to furnish him with- (i.) Particulars of all works proposed to be carried out by or under the authority of such person during the period concerned; and (ii.) Such other information as may be necessary to enable the Co-ordinator-General to have regard to the considerations prescribed by section nine of this Act in relation to such proposed works. The Co-ordinator-General may require all such particulars and information as aforesaid to be verified in such manner as he shall think fit. (3.) The Co-ordinator-General shall transmit such plan to the Minister who, if he approves thereof, shall submit same to the Governor in Council. The Governor in Council or the Minister may refer :any such plan back to the Co-ordinator-General for further consideration with respect to any works or other matter or thing. If any such plan is so referred back to him the Co-ordinator-General shall consider the subject-matter 'of the reference and may modify the plan in such particulars as he shall think necessary or desirable in the circumstances. (4.) The power of the Governor in Council to give effect to any such plan so submitted to and approved by him shall be subject to the making of all necessary .appropriations by Parliament. Subject to the first paragraph of this subsection, the Governor in Council may make such Orders in Council and/or regulations as he shall deem necessary to give full operation and effect to any such plan, and .any such OrdeF in Council or regulation may be general or may relate to any particular works. 18037

18038 WORKS. State Development, Etc., Act. 4 GEO. VI. No. 2, (5.) No such plan shall be modified with respect to any specific works included therein without the consent of the Co-ordinator-General, given with the approval of the Minister, first had and obtained: Provided that the Minister may give a general or specific direction to the Co-ordinator-General to refer to him for consideration by the Governor in Council or himself the matter of such consent in relation to any works or class of works. Loan works (6.) Before the Governor in Council or the ~~ 1~~ : \o be Treasurer advances money exceeding five hundred pounds : ubmitt~ d by way of loan to a local body or before the Treasurer a~ Io~ O~: l~ ~ ~- on behalf of the Government guarantees any such loan by ordinator- a lender to a local body for the purposes of any proposed General. works of such local body the proposal for such works shall be submitted to the Co-ordinator-General. The Co-ordinator-General shall consider the importance and value of such proposed works in relation to any programme of works already planned or being planned by him in pursuance of this Act at the time when such proposal is submitted to him, and shall make such recommendation with respect thereto as he shall think fit. Due weight shall be given to any such recommenda- tion of the Co-ordinator-General by the Governor in Council and the Treasurer." New s. 12A. 8. The following new section numbered 12A is inserted after section twelve of the Principal Act~ namely:- Power of Co- " [12A.] In addition to or in lieu of works submitted ~ e~ ~ : : lo~~ to him for inclusion in any plan for any programme of initiate works prepared by him pursuant to section twelve of works. this Act, the Co-ordinator-General may include in such plan all such works as appear to him to be necessary or desirable. He may plan the construction, undertaking, carry- ing-out, establishment, managemenlj, carrying- on~ maintenance and/or control of any works so included by himself or by his delegated authority or by any local body or person whomsoever who or which is authorised or may be required under any Act or law to construct, undertake, carry out, establish, manage, carry on, maintain and/or control such works."

WORKS. 18039 ]940. State Development, Etc., Act. 9. Section fourteen of the Principal Act is amended Amendment. as follows :_ of s. 14. (i.) In the second paragraph thereof (being the paragraph commencing with the words "And without limiting" and ending with the words" to be constructed") the words" in his official capacity" are inserted after the word" services." (ii.) In the third paragraph thereof (being the paragraph commencing with the words" And it shall" and ending with the words "of this Act ") the words "in the possession of or available to or obtainable by such officer in his official capacity and which in the opinion of the Co-ordinator-General may be" are inserted before the word" necessary." 10. The following new section numbered 20A is New s. 20A. inserted after section twenty of the Principal Act, namely:- "[20A] (1.) If at any time the Co-ordinator-General ~ overno~ shall recommend to the Minister that any works :a;ounCll (whether included in a programme of works or not) empower be undertaken by the Co-ordinator-General, the Minister, ~ ~ dinator­ if he approves of such recommendation, shall submit Gewilral to. such recommendation to the Governor in Council. ~ ; ~ : ~ ct (2.) In any case of a recommendation submitted to him- (a) Under subsection one of this section; or (b) Under subsection one of section twenty of this Act, where he is of opinion that the Co-ordinator-General should undertake the works concerned in lieu of or for and on behalf of the local body or local bodies mentioned in the recommendation, the Governor in Council may, if he is satisfied that it is in the public interest and for the general welfare that such works should be undertaken by the Co-ordinator- General, by Order in Council published in the Gazette authorise the Co-ordinator-General to undertake such works. All works authorised by the Governor in Council to be undertaken by the Co-ordinator-General shall be and be deemed to be "public purposes" within the meaning of that term as it occurs in *" The Land Acts, 1910 to 1937," except in the definition of the term " Crown land." * 1 Geo. V. No. 15 and amending Acts, 8upra, pages 8775 et 8eg.

1.8040 WORKS. State Development, Etc., Act. 4 GEO. VI. No. 2, (3.) Notwithstanding anything contained in any Act other than this Act, or in any law, or rule, practice, or process of law, or in any judgment of any court of competent jurisdiction, the Co-ordinator-General shall have power, authority and jurisdiction- (i.) Subject to the authority given to him in that behalf by the Governor in Council, to con- struct, undertake, carry out, establish, carry on, manage, maintain and/or control any works authorised by the Governor in Council under subsection two of this section to be carried out by him; (ii.) To enter into contracts for or with respect to the construction, undertaking, carrying-out, establishment, carrying-on, management, maintenance and/or control of any such works; (iii.) With the approval of the Governor in Council to modify by any such contract the provisions of section thirteen of *" The Contractors' and Workmen's Lien Acts, 1906 to 1921," in such manner as shall from time to time be so approved: Provided that it shall be a condition of every contract which contains any such modification that the Co-ordinator-General shall satisfy himself that no person is claiming or is entitled to claim the lien created by such last-mentioned Acts before he makes any payment in excess of three- fourths of the contract price or other moneys reasonably estimated as payable in respect of the contract. <Contracts. (4.) All contracts made by the Co-ordinator-General under paragraph (ii.) of subsection three of this section shall be effectual in law and shall be binding on the Co-ordinator-General and all other parties thereto, their successors, executors, administrators, and permitted assigns, as the case may be, and in the case of default in the execution of any such contract, either by the Co-ordinator-General or by any other party thereto, such actions may be maintained thereon and such * 6 Edw. VII. No. 30 and amending Act, supra, pages 1242 et seq.

WORKS. 18041 1940. State Development, Etc., Act. damages and costs recovered by or against the Co- ordinator-General or the other parties failing in the execution thereof as might have been maintained and recovered if the same contracts had been made between private persons only: Provided that the due performance by the Co-ordinator-General of any such contract made by him shall be and be deemed to be guaranteed by the Crown. (5.) Nothing in section seventeen of this Act shall Delegation f! relate to this section, but the Governor in Council may : ~ : : ! ! r" by Order in Council approve of the delegation and, &0., works. subject to such approval, the Co-ordinator-General may delegate to any Crown corporation, instrumentality representing the Crown, or local body all or any of the powers, authorities, functions and/or jurisdiction conferred upon him by this section for the purposes of or in relation to the construction, undertaking, carrying-out, establishment, carrying-on, maintenance, management and/or control of any works, or any part of any works, authorised hereunder to be carried out by him. Any power, authority, function, or jurisdiction so delegated by the Co-ordinator-General shall be had and exercised by the Crown corporation, instrumentality representing the Crown, or local body concerned under and subject to such orders and directions as may be given by the Co-ordinator-General from time to time. The Co-ordinator-General may at any time, and shall if thereunto directed by the Governor in Council, revoke any delegation made by him hereunder, but no such revocation shall prejudice any right, liability,. contract, or engagement existing at the date thereof, and to the intent that any such right, liability, contract, or engagement (including any action or proceeding" pending at the date of such revocation) shall continue to be vested in or to attach to and may be enforced by or against the Crown corporation, instrumentality representing the Crown, or local body concerned. No delegation hereunder shall prevent or be deemed to prevent the Co-ordinator-General from himself doing" or exercising the delegated power, authority, function,. or jurisdiction.

18042 WORKS. State Development. Etc., Act. 4 GEO. VI. No. 2, (6.) Where the construction, undertaking,. carry- ing-out, establishment, management, carrymg-on, maintenance, and/or control of any works or any part of any works has been delegated under subsection five of this section, the Crown corporation, instrumentality representing the Crown, or local body concerned shall, for the purposes of or in relation to the construction, undertaking, carrying-out, establishment, carrying-on, maintenance, management and/or control, as the case may require, of the works or part of the works to which the delegation refers, have power to borrow money from the Treasurer under *" The Local Bodies' Loans Guarantee Acts, 1923 to 1936," and, in the case of a local authority, no poll as to whether or not the electors of such local authority consent to the obtaining of any such loan shall be required in any of the following cases, namely:- (a) Where the works are for the benefit of two or more local authorities; or (b) Where the Treasurer grants a subsidy in respect of any loan borrowed; or (C) Where the cost of the works is defrayed by the Treasurer in the first instance and the local authority is liable to repay to the Treasurer the whole or part thereof by instal- ments extending over a period of years." New s. 20B. 11. The following new section numbered 20B is inserted after section 20A of the Principal Act as previously inserted by this Act, namely :- >Certain "sections of <the Act 1 Geo. VI. No. 1 .applied. "[20B.] (1.) For the purposes of this Act the following provisions of t" The Local Government Act of 1936;' namely sections 19 (1) (i.) and (ii.), 19 (3), 32 (11), 32 (13), 32 (14), 35 (7) (a) (b) (c) (d) (e) and (g), 35 (23), 45, 46, 50 (2) (i.) and (ii.), 52 (1) (2) (3) (4) (5) (6) (7) (9) (i.) (lO) (11) (12) (13) (28) (29) (30) (31) (32) and (33) shall, so far as the same are applicable, apply to and with respect to the Co-ordinator-General and his officers and employees and to and with respect to all works being carried out under or in pursuance of the provisions of this Act, and for this purpose every reference in the said provisions to the Minister or to a local * 14 Geo. V. No. 8 and amending Act, supra, pages 10693 et seq. t 1 Geo. VI. No. 1, supra, page 16035.

WORKS. 18043 1940. State Development, Etc., Act. authority or the council, chairman, members, clerk or officers thereof shall be construed as a reference to the Minister as defined by this Act or to the Co-ordinator- General, his officers and his employees, and every reference in the said sections to the functions of local government shall be construed as a reference to the functions of the Co-ordinator-General under this Act. (2.) In addition to his powers, authorities, functions Certain and jurisdiction under this Act, the Co-ordinator- ~ ~~ : ;Sthe General shall have and may exercise all or any of the Act 13 Geo. powers, authorities, functions and jurisdiction conferred : ~ d~ ~ ~ 28 or imposed upon the Unemployment Council by sections amending 4 (1), (2) (a), (b), (c) and (d), 4 (3), 7, 9 (1) and 10 ofte~ ! :~ : ~on *"The Unemployed Workers Insurance Acts, 1922 tOthe.Co. 1936," and for the purposes hereof the term" Council" oGrednmeraatlo.r- when used in any section, subsection, or paragraph of such last-mentioned Acts set out in this subsection shall be read and construed as meaning the Co-ordinator-General. This subsection shall not be read or construed so as to limit any power, authority, function or jurisdiction conferred or imposed upon the Unemployment Council by *" The Unemployed Workers Insurance Acts, 1922 to 1936," or so as to limit section sixteen of t" The Bureau of Industry Acts, 1932 to 1934." (3.) (a) When works authorised by the Governor in Council to be carried out by the Co-ordinator-General consist of planting trees, grass, and/or other plants in or upon any land for the purpose of preventing erosion, the Co-ordinator-General may carry out and maintain such works by agreement with the owner and/or occupier of such land. (b) Such agreement may prescribe a penalty not exceeding twenty pounds for a contravention of or failure to comply with any term, provision, or condition thereof, and any such prescribed penalty may be recovered in the same manner as a penalty for an offence against this Act. (c) Any person who damages or destroys any trees, grass, and/or other plants planted in or upon any land by the Co-ordinator-General for the purpose of preventing erosion shall be liable to a penalty of not more than fifty pounds." * 13 Geo. V. No. 28 and amending Acts, 8upra, pages 10073 et 8eq. t 23 Geo. V. No. 25 and amending Act, BUpra, pages 14214 et 8eq. G

18044 WORKS. State Development, Etc., Act. 4 GEO. VI. No. 2, Repeal of 12. Section twenty-nine of the Principal Act is B an .2 d 9 n . ew repealed and the following new section twenty-nine is inserted in lieu thereof, namely:- Expenses of "[29.] (1.) (a) When any works authorised to iandgmAincits. ter. be constructed, undertaken, carried out, established, carried on, managed, maintained, and/or controlled by the Co-ordinator-General- (i.) Benefit any local body or local bodies; or (ii.) Are so authorised to be constructed, under- taken, carried out, established, carried on: ~ managed, .maintained and/or controlled in lieu of or for and on behalf of any local body or local bodies, the Governor in Council may by Order in Council direct the local body or local bodies concerned to pay to the Treasurer the whole or such part as he shall think fit of the costs and expenses incurred by the Co-ordinator- General and/or his delegated authority in relation to such works. (b) Both the Governor in Council and the Treasurer for and on behalf of the Crown shall have the same power and authority to grant subsidies and make or guarantee loans in respect of any such works as he or it would have if such works were constructed, undertaken, carried out, established, carried on, managed, maintained and/or controlled by the local body or local bodies concerned. (c) Where more local bodies than one are concerned the Governor in Council shall have the sole power and authority to apportion the costs and expenses of the works between them in such manner as he shall think just. (d) The whole or any part of any moneys directed to be paid to the Treasurer by a local body under this section may if not paid as directed be recovered as a debt by action in the name of the Treasurer or any person authorised by him in any court of competent jurisdiction and, in addition, the Treasurer shall have and may exercise against the local body concerned all such rights and remedies as might be had and exercised by him if such moneys constituted an unpaid loan due and repayable to him by such local body.

1940. WORKS. State Development, Etc., Act. (2.) When any Act or law provides for the expenditure of moneys from any fund constituted thereunder or Parliament has appropriated any moneys for, upon, with respect to, or for the purposes of works of any nature, then such moneys may, subject to any necessary appropriation by Parliament, be expended for, upon, with respect to, or for the purposes of the construction, undertaking, carrying-out, establishing, carrying-on, managing, maintaining and/or controlling of works of such nature by the Co-ordinator-General or his delegated authority. (3.) All costs and expenses of carrying this Act into execution not hereinbefore provided for shall be paid out of moneys to be from time to time appropriated for such purpose." 18045 WORKS, RESUMPTION OF LAND FOR PUBLIC. See WATER SUPPLY AND SEWERAGE (WATER ACTS AND ANOTHER ACT AMENDMENT ACT).