Sydney Harbour Bridge (Administration) Act 1932 (NSW)

Sydney Harbour Bridge (Administration) Act,

SYDNEY HAKBOUR BRIDGE

(ADMINISTRATION) ACT.

Act No. 2, 1932.

George V. An Act to provide for the administration of the

No.̂ 932. Sydney Harbour Bridge; to amend the Sydney Harbour Bridge Act, 1922, and certain other Acts; and for purposes connected therewith. [Assented to, 14th March, 1932.]

"T^E it enacted b y the King’s Most Excellent Majesty, J-T l)y and 'with the advice and consent of the Legis­ lative Council and Legislative Assembly of Xew South Wales in Parliament assembled, and by the authority of the same, as follows •—

Short title. 1. (1) This Act may be cited as the “ Sydney Har­ bour Bridge (Administration) Act, 1932.”

(2) This Act shall be read and construed with

the Sydney Harbour Bridge Act, 1922, in this Act

referred to as the Principal Act.

Interpreta­ 2. In this Act, and in tlie regulations made there­

tion.

under, unless tlic context or sid)ject-matter otherwise

indicates or requires—

“ Board ” means the State Transport (Co-ordination)

Board.

“ Bridge” means the works authorised by or constructed under the authority of the Principal Act.

“ Commissioners ” means the Ilaihvay Commis­

sioners for New South Wales.

“ Crown ”

Sydney Harbour Bridge (Administration) Act.

“ Crown” sliall not include tlic Commissioners or '

the Trust.

“ Prescribed ” means prescribed by regulations

under this Act.

“ Treasurer” means the Colonial Treasurer.

“ Trust ” means the Metropolitan ITansport Trust.

3. Subject to the provisions of this Act, the adminis- Auministra.

tration, control, and management of the Bridge is Bû ge.

hereby vested in the Board.

4. The Principal Act is amended— AirNo'2s"i922

(a) by omitting sections eight, twelve, and g jo jy'

thirteen; ’

(b)

by inserting in subsection one of section nine, seu. 9. and including the year one thousand nine hundred and thirtT-nine.”

5. The Board may levy tolls and charges in respect Toils.

of all traffic or of any class or classes of traffic, other than cf. Act No.

pedestrian traffic, upon or across the Bridge; tlie amount

of the tolls and charges, and the mctliod of collection

shall he as prescribed.

6 . (1) The Commissioners and the Trust shall each rayment to

pay to the Board in respect of each paying passenger

carried upon or across the Bridge by the Commissioners paHsenprs

or by the Trust, as the case may be, the r e s p e c t i v e '

amounts determined from time to time by the Alinister.

(2) Such payments shall he made by instalments

or otherwise as the Alinister shali direct.

The regulations may prescribe who shall be deemed to be paying passengers carried, the method of calculating the number of such passengers carried, and the pay­ ments to bo made, in respect of persons holding periodical tickets or passes.

7. (1) The Treasurer shall cause to be opened in the T>ie Syriney

Treasury an account Avhich shall he known as the

“ Sydney Harbour Bridge Account.” Account.

(2) There shall be paid into the account—

(i)  all moneys received under the provisions of this Act, except the proceeds of any sale of property acquired for the purpose of the construction of the Bridge ;

(ii)  all moneys received from any source for the purpose of defraying any costs and expenses

whatsoever

8  Sydney Harbour Bridge (Administration) Act.

Mo. 2 ,1982,

M^hatsoever by the Crown in connection with the Bridge, other than the costs and ex]tenses of construction;

(iii)  the unexpended balance of mouey standing to the credit of the special account referred to in the Principal Act at the date of completion of the Bridge, and all moneys paid after such date by tlie Municipal Council of Sydney or the Council of a Municipality or Shire referred to in the Fii’st Schedule to the Principal Act in pursuance of that Act.

(3) There shall be paid out of the account—

(1) the costs of collection of tolls and charges ;

(ii)  the costs of administration, maintenance, and lighting of the Bridge ;

(iii)  the payments in respect of interest, sinking fund, and other charges provided by section eight of this A ct;

(iv)  contributions to the Sydney Harbour Bridge Beserve Account provided hy section nine of this A ct;

(v)  all other costs and expenses whatsoever in­ curred by the Crown in connection with the Bridge, other than costs and expi'nscs ol construction.

srnMnĝ fund rcspect of sucli portion of the capital cost

■ ’ of the Bridge as the Treasurer shall certify to have been defrayed from loan moneys provided by the Treasury, there shall be paid out of the Sydney Harbour Bridge Account such a proportion of the interest, sinking fund, and other charges payable by the State in respect of the puhlic debt of the Slate (including its renewals and conversions) as the portion of the capital cost so certified bears to the cash equivalent of the outstanding puhlic debt at the date of the certificate.

(2) Payments in respect of such proportion of the interest shall be made to the Treasurer in quarterly instalments, based on the amount of intoiest in resp('ct of such I raporlion of the capital cost charged in the public accounts of the year immediately preceding.

Any adjustment of underpayments or overpayments

shall be made after the close of the financial year for

whioli the interest is payable. (3)

Sydney Harbour Bridge (Administration) Act. 9

(3) Payments in respect of such proportion of

sinkin" fund and other charges shall be made in such

instalments and at such dates as the Treasurer directs.

(4) The Sydney Harbour Bridge Account shall

enjoy a proportionate share of the henelits, and shall

bear a pro[>ortionate share of the burdens borne by

the State under the financial agreement entered into

between the Commonwealth of Australia and the

States in pursuance of the provisions of the Financial

Agreement Batification Act, 1928, in all respects as if

the Sydney Harbour Bridge Aecount formed part of

the Consolidated Bevenue Fund.

9. Such amounts as may be determined from time Reserve

to time by the ^Minister on the recommendation of the Bear'd shall be carried to an Account in the Treasury to be opened by the I'reasurer and known as the Sydney* Harbour Bridge Reserve Account.

Such account shall be kept in the Special Deposits Account division in the Public Accounts, and shall he credited with interest at such rates and under such conditions as the Treasurer may determine.

Moneys at credit of such account may be used for the purpose of meeting any deficiency ̂ in revenue, the cost of renewals, and such other liabilities properly* incurred in relation to the Bridge, as maybe determined by the Minister on the recommendation of the Board, but for no other purpose, and upon such a determina­ tion the required amount may be issued under the authority of the Treasurer.

10. (1) For the purposes of this Act there shall be Ves-.ing.

vested in the Board all lands which immediately before the commencemcmt of this Act were vested in the Minister for Public Works, and which were acquired by' or on behalf of His Hajesty under the provisions of the Public Works Act, for the purposes of the Sydney Harbour Bridge Act, 1922, whether such lands Avere acquired hy appropriation, resumption, purchase or otherwise.

(2) Any lands Avhich maybe so acquired subse­

quently to the commencement of this Act shall, ujum notification in that behalf by the GoA*crnor l>y procla­ mation published in the Gazette, vest in the Board.

. 11 .

10                    Sydney Harbour Bridge (Administration) Act.

Ho. 2^32. Subject to the provisions of this section tlie

itoar̂ uio powers of dedication, sale, and leasing conferred upon a

dedioatc, sell, Constructing authority hy the Puhlic Works Act, 1912,

or lease.	jjg amended hy subsequent Acts, are hereby conferred
upon the Board in respect of the lands vested in the Board in accordance with subsections one or two of section ten.
(•j) Notwithstanding the provisions of any Act, hut subject to this section, no part of the said lands shall become vested in the Bailway Commissioners for New Souih AVale-, the Metropolitan Transport Trust, the Municipal Council of Sydney, the Municipal Council of North Sydney, or in any hotly or person other than the Board.
(3) The Governor may, liy proclamation pub­ lished in the Gazette, on the recommendation of the Hoard, concurred in hy the Minister, vest in any of the bodies mentioned in subsection two of this section any part of the said lands for such estate and subject to such trusts and for such purposes as are specified in the proclamation; hut no part of the said lands shall be so vested or dedicated for park or recreation purposes until a proposal therefor has been approved by reso­ lutions passed hy both Houses of Parliament.
Maint™.	12. (1) The Conimissiouers sliall maintain in good railway tracks, electrical and signalling equipment, and all material, works and structures in or upon the Bridge, which are used exclusively for railway purposes.
voTks*°’’	oi'fler and condition, and, when necessary, renew the

'

(2) Ihe Trust shall maintain in good order and condition, and, when necessary, renew the tramway tracks, electrical and signalling equipment, and all material, works and structures in or upon the Bridge, which are used exclusively for tramway purposes.

(3) The maintenance and renewal of such material, works and structures as are jointly used hy the Commissioners and the Trust shall he carried outhy such authority or person and the cost thereof borne hy the Commissioners or the Trust in such proportions as the Alinintcr may direct.

(1-) Any ditference arising out of the construc­

tion of this section shall he determined hy the Minister.

Sydney Harbour Bridge (Administration) Act. l l

13. (1) Tlie Governor may make regulations not inconsistent Avitli this Act, prcscriliiig aU matters which by this Act are requirial or permitted to be prescribed, or whicli are necessary or convenient to be prescribed to carry this Act into effect, or to give effect to any power, function, duty, or authority conferred hy this Act, and, witliout limiting the generality of the fore­ going power, the Governor may make regulations in respect of—

(a)	the amounts payable as tolls and charges and the classes of traffic in respect of Avhicli such tolls and charges shall he payable ;
(b)	the limitation of loads and speed of A'ehiclcs upon the Bridge or upon any particular section thereof;
(c)	the apprehension and removal of persons causing annoyance or inconvenience to the public on the Bridge or committing thereon any breach of the regulations;
(d)	the regulation or prohibition of the painting and aflixing of notices on the Bridge, and the defacement of the Bridge ;
(e)	the prohibition of climbing or loitering rqion the Bridge;
(f)	the regulation or prohibition of traffic upon the Bridge or on any particular section thereof;
(g)	the regulation of the use of the Bridge or any particular section thereof hy the public ;
(h)	the regulation or jii’ohibition of the sale of goods ujion the Bridge;

(i)  the preservation of order and of public safety upon the Bridge;

(j) the payment of fees for any service or permission.

(2) Any regulation may impose a penalty not exceeding fifty jruunds for any breach thereof.

(3) A regulation may confer on the Board or on any member of the police force or on any officer of the Board or of the Public Service or of the Commissioners or of the Trust any powers or authority required or convenient for the carrying into effect of all or any of the provisions of that or any other regulation or

of this Act. (4)

12 Ministry of Transport Act.

No. 2, 1932.

(4) The regulations shall—

(i) he puhlished in the Gazette;

(ii)  take effect from tlie date of such publication or from a later date to be specified in the regulations ;

(iii)  he laid before both Houses of Parliament Avitliin fourteen sitting days after publication if Parliament is in session, and it not, then u’ithin fourteen sitting days after the com­ mencement of tlie next session.

If either House of Parliament passes a reso­ lution of rvhich notice has been given at any time within tifteen sitting days after the regu­ lations have been laid licfore such House dis­ allowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect.