Sydney Harbour Bridge (Further Works) and Main Roads (Amendment) Act 1960 (NSW)

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SYDNEY HARBOUR BRIDGE (FURTHER WORKS)

AND MAIN ROADS (AMENDMENT) ACT.

Act No. 37, 1960.

sanction and provide for the construction

'

of certain works by the Commissioner for Main Roads; to provide for certain payments to be made from the Sydney Harbour Bridge Account, opened under the Sydney Harbour Bridge (Administration) Act, 1932, as amended by subsequent Acts, in respect of the construetion of the Circular Quay Overhead Roadway, the Cahill Expressway from Macquarie Street, Sydney, to Sir John Young Crescent, Sydney, and certain other road works; for these and other purposes to amend that Act, as so amended, the Main Roads Act, 1924, as amended by subsequent Acts, and certain other Acts; to validate certain matters; and for purposes conneeted

therewith.

[Assented to, 28th April, I960.]

T>E it enacted by the Queen’s Most Excellent Majesty, by " and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows; —

PART I.

P r e l im in a r y .

Short title

1. (1) This Act may be cited as the “Sydney Harbour

and

citation.

Bridge (Further Works) and Main Roads (Amendment) Act,

1960”.

(2)

The Sydney Harbour Bridge (Administration)

Act, 1932, as amended by subsequent Acts and by this Act, may be cited as the Sydney Harbour Bridge (Administration)

Act, 1932-1960.

(3)

Sydney Harbour Eridge (Farther Works) and Main Roads

327

(Amendment) Act.

(3) The Transport (Division of Functions) Act, 1932, No.37, i960,

as amended by subsequent Acts and by this Act, may be cited

as the Transport (Division of Functions) Act, 1932-1960.

(4) The Main Roads Act, 1924, as amended by sub­ sequent Acts and by this Act, may be cited as the Main Roads Act, 1924-1960.

2.

This Act is divided into Parts as follows : —

Division

into Parts.

PART

I.—P r e l im in a r yss.

1 -2 .

PART II.—C o n s t r u c t io n o f

C ertain

W o r k sss.

3 -7 .

PART

III.—A m e n d m e n t s

to

t h e

S y d n e y

H arbo ur

B ridge

(A d m in is t r a t io n )

A ct ,

1932, a s A m e n d e d

BY

S u b s e q u e n t

A c t s ,

t h e

T r a n sp o r t

( D iv isio n

OF

F u n c t i o n s )

A c t ,

1932,

a s

A m e n d e d

by

S u b s e q u e n t

A c t s ,

a n d

t h e

M a in

R oads

A c t ,

1924,

AS

A m e n d e d b y S u b s e q u e n t

A c t sss.

8-10.

SCHEDULES.

PART II.

C o n s t r u c t io n

o f

C ertain

W o r k s .

3.          This Part shall be deemed to have commenced on the Commence-

seventeenth day of February, one thousand nine hundred and S’

fifty-eight.

4.          In this Part, “Commissioner” means the Commissioner interpre-

for Main Roads appointed under the Transport (Division of tation.

Functions) Act, 1932, as amended by subsequent Acts.

5. (1) (a) The carrying out of the work described in work

Schedule One to this Act is hereby sanctioned.

sanctioned.

(b)

328                S3F^ey Harbonr Bridge (Farther Works) and Main Roads

(Amendment) Act.

No. 37,1960.

(b) The said work shall be deemed to be an authorised work within the meaning of the Public Works Act, 1912, as amended by subsequent Acts.

(c) The Commissioner is empowered to carry out the said work, and shall be the constructing authority for the same within the meaning of the said Act, as so amended, and shall enter into such contracts and take all such necessary steps for the proper execution thereof as such authority may think proper.

(d) The provisions of the Public Works Act, 1912, as amended by subsequent Acts, sections thirty-four, thirty- five, thirty-six, thirty-seven and subsection three of section one hundred and twenty-six excepted, shall apply to and in respect of the said work.

(2) Without prejudice to the generality of subsection one of this section the provisions of section thirty-eight of the Public Works Act, 1912, as amended by subsequent Acts, shall apply to and in respect of any contracts referred to in para­ graph (c) of subsection one of this section.

The plans of the said work are the plans marked in the

manner set out in Schedule Two to this Act and deposited in

the office of the Commissioner.

6.

Plans.

Cost

7.

The cost of carrying out the said work is estimated at one million two hundred and fifty thousand pounds and such estimated cost shall not, under any circumstances, be exceeded by more than ten per centum.

PART III.

A m e n d m e n t s

to

t h e

S y d n e y

H a r b o u r

B ridge

(A d m in is ­

t r a t io n )

A c t ,

1932,

a s

A m e n d e d

by

S u b s e q u e n t

A c t s ,

t h e

T r a n sp o r t

( D iv isio n

o f

F u n c t i o n s )

A c t ,

1932,

AS

A m e n d e d

by

S u b s e q u e n t

A c t s ,

a n d

t h e

M a in

R o ads

A c t ,

1924,

a s

A m e n d e d

by

S u b s e q u e n t

A c t s .

Sydney Harbour Bridge (Further Works) and Main Roads

3 2 9

(Amendment) Act.

8 .      (1) The Sydney Harbour Bridge (Administration) Act, No. 37, I960.

1932, as amended by subsequent Acts, is amended—

.

~ ~

.

j

1

>

Amendment

of Act No.

2, 1932.

(a) (i) by inserting in section two next before the sec. 2.

definition of

“Board” the following

new (interpre­

definition : —

tation.)

“Additional works” means the works authorised by or constructed under the authority of Part II of the Sydney Har­ bour Bridge (Further Works) and Main Roads (Amendment) Act, 1960.

(h)

by inserting in the same section next after the definition of “Bridge” the following new definitions : —

“Cahill Expressway” means—

(a)

the Circular Quay Overhead

Roadway;

(b)

the roadway constructed by the Council of the City of Sydney commencing at the west boundary of Macquarie Street, Sydney, and ending at the northern boundary of Conservatorium Road, Sydney, and the loading ramps from that roadway to that boundary, such roadway and ramps being part of the works shown in the plans described in the Schedule to this Act and deposited in the office of the Commissioner for Main Roads;

(c)

the works of road construction under part of Conservatorium Road, Sydney, carried out by the Council of the City of Sydney commencing at the northern

boundary

of

Conservatorium

Road, Sydney, and ending at the southern boundary of that road,

but

330                Sydney Harbour Bridge (Further Works) and Main Roads

(Amendment) Act.

No. 37,1960.

but not including the Conser- vatorium Bridge referred to in the definition of “Conserva­ torium Road works” in this section; and

(d)

the roadway constructed or to be constructed by the Council of the City of Sydney commencing at the southern boundary of Conser­ vatorium Road, Sydney, and ending at Sir John Young Cres­ cent, Sydney, and being the part of works shown on plan marked 5007C2501A, or any variation thereof, and deposited in the office of the Commissioner for Main Roads.

“Circular Quay Overhead Roadway” means the roadway commencing at the Brad- field Highway, Sydney, on the south approach to the Sydney Harbour Bridge and ending at the west boundary of Macquarie Street, Sydney, and being part of the works shown in the plans described in the Schedule to this Act and deposited in the office of the Commis­ sioner for Main Roads.

“Commissioner for Main Roads” means the Commissioner for Main Roads appointed under the Transport (Division of Functions) Act, 1932, as amended by subsequent Acts.

(iii)  by inserting in the same section next after the definition of “Commissioners” the following new definition : —

“Conservatorium Road works” means the

Conservatorium Bridge constructed by

the Council of the City of Sydney and

shown

Sydney Hartour Bridge (Furdier Works) and Main Roads

331

(Amendment) Act.

shown in the plan comprising nine draw- No. 37,1960.

ings registered S.H.B. 106C. 891 and

deposited in the office of the Commis­

sioner for Main Roads, together with the

roadworks constructed by that Council in

connection with or incidental to the con­

struction of that bridge.

(iv)  by inserting at the end of the same section the following new definition : ^^

“Warringah Expressway Approach” means the proposed road from the Pacific High­ way at the northern end of the Sydney Harbour Bridge to Ernest Street, North Sydney, such proposed road being shown as a proposed county road on the scheme map under the County of Cumberland Planning Scheme Ordinance.

(b)

by inserting next after section three the following New sec. 3a.

new section; —

3a . (1 ) The administration, control, and manage-Administra-

ment of the additional works and die Circular Quay additional

Overhead Roadway is hereby vested in the Commis- works,

sioner for Main Roads appointed under the Trans­

port (Division of Functions) Act, 1932, as amended

by subsequent-Acts.

(2) The provisions of sections five, six, nine, thirteen and paragraph (ii) of subsection three of section seven of this Act relating to the Bridge shall apply mutatis mutandis to the additional works and the Circular Quay Overhead Roadway as if such works and roadway were part of the Bridge.

(c) (i) by inserting at the end of subsection two of Sec. 7.

section seven the following new paragraph : — OThe Sydney

(iv) the proceeds of any sale of propeHy acquired for the purpose of the construc­ tion of the additional works or the Warringah Expressway Approach.

̂

( ii)

Sydney Harbour Bridge (Further Works) and Main Roads

(Amendment) Act.

No. 37,1960.

(ii)

by inserting next after paragraph (iv) of sub­ section three of the same section the following new paragraphs : —

(iva) the costs and expenses of construction

of the additional works;

(ivb) the payment to the Treasurer provided

by section 7a of this Act;

(ivc) the payment to the Council of the City

of Sydney provided by section 7b of this

Act;

(ivd) the cost of acquisition of any property for the purpose of construction of the Warringah Expressway Approach;

New secs.

(d) by inserting next after section seven the following

7a and 7b.

new sections: —

Loan

7 a . ( 1 ) In respect of the loan moneys certified

moneys

provided for

by the Treasurer to have been provided by the

Circular

Treasury to meet—■

Quay Over­

head Road­

(a) the capital cost of the Circular Quay Over­

way and

part of

head Roadway,

Cahill

Expressway

(b) one-half of the capital cost of the roadway first day of January, one thousand nine hundred and fifty-nine, and referred to in paragraph (b) of the definition of “Cahill Expressway” in section two of this Act,

to be

and loading ramps constructed before the

repaid to

Treasurer.

(c)

one-half of the capital cost of the works of road construction carried out before the first day of January, one thousand nine hundred and fifty-nine, and referred to in paragraph (c) of the definition of “Cahill Expressway” in section two of this Act, and

(d)

one-half of the capital cost of the Conserva­ torium Road works,

there shall be paid to the Treasurer from the Sydney Harbour Bridge Account such amounts for interest, exchange, sinking fund contributions, flotation

expenses.

Sydney Harbour Bridge (Further Works) and Main Roads

333

(A m end^nt) Act.

expenses, discount, loan management expenses and No. 37, i960,

other charges as the Treasurer may from time to

time determine:

Provided that the amounts so determined in any year shall, unless the Treasurer otherwise directs, be the amounts chargeable in that year.

(2)

Without otherwise limiting the Treasurer’s

power of determination the amounts so determined under subsection one of this section shall not exceed the amounts which the Treasurer calculates as being the amounts which shall approximately recoup the State for interest, exchange, sinking fund contribu­ tions, flotation expenses, discount, loan management expenses and other charges paid or payable by the State in respect of the loan moneys certified under subsection one of this section to have been provided by the Treasury.

(3) Payments in accordance with the provi­ sions of subsection one of this section sliall be made in such amounts and at such times as the Treasurer may from time to time direct.

7b . There shall be paid to the Council of the City Part of cost

of Sydney from the Sydney Harbour Bridge

Account

Expressway

(a)

one-half of the capital cost of the roadway oAc^works tion of “Cahill Expressway” in section two of city

of this Act; and

of Sydney,

(b)

one-half of the capital cost of the works of road construction carried out or to be carried out on or after the first day of January, one thousand nine hundred and fifty-nine, under the Conservatorium Bridge referred to in the definition of “Con­ servatorium Road works” in section two of this Act and between the loading ramps referred to in paragraph (b) of the defini­ tion of “Cahill Expressway” in that section,

in

3 3 4                Sydney Harbour Bridge (Further Works) and Main Roads

(Amendment) Act.

No. 37,1960.

in such instalments and manner as may be agreed upon between the Commissioner for Main Roads and the said Council.

Sec. 11a.

(e)

( i) by omitting from subsection one of section 11a

(Erection of

buildings,

the words “appointed under the Transport

etc., by

Commission

(Division of Functions) Act, 1932,” ;

on leased

lands.)

(ii) by inserting in the same subsection after the words “Sydney Harbour Bridge” tlie words “or of the lands under any part of the additional works” ;

(iii)

by omitting subsection three of the same section;

Sec. 12.

(f) by omitting subsections two and three of section

(Mainten­

ance, &c., of

twelve;

works.)

New

Schedule.

(g) by inserting next after section thirteen the following

new Schedule ; —^

Sec. 2.

SCHEDULE.

Circular Quay Overhead Road­

66 drawings registered

way from Harrington Street

S.H.B. 106C. 873.

to Macquarie Street.

Bridge on East bound carriage­

13 drawings registered

way over York Street North.

S.H.B. 106C. 833.

Bridge over West hound carriage­

i drawings registered

way over York Street North

S.H.B. 106C. 884.

Pedestrian footbridge over West

3 drawings registered

bound carriageway.

S.H.B. 106C. 835.

Pedestrian footbridge over West

1

drawing

registered

bound carriageway Fort Street

S.H.B. lOQC. 886.

School.

Pedestrian footbridge over West

1

drawing

registered

bound

carriageway

King

S.H.B. 105C. 887.

George V Park.

Retaining walls East bound

7

drawings

registered

carriageway, Bradfield High­

S.H.B. 106C. 888.

way to York Street North.

Retaining walls East bound

6

drawings

registered

carriageway

York

Street

S.H.B. 106C. 889.

North to Harrington Street.

Bridge over Macquarie Street.

15 drawings registered

S.H.B. lOGC. 890.

Conservatorium Bridge.

9

drawings

registered

S.H.B. 106C. 891.

Retaining walls and crash rails

6

drawings

registered

east of Macquarie Street.

S.H.B. 106C. 892.

( 2);

Sydney Harbour Bridge (Further Works) and Main Roads

3 3 5

(Amendment) Act.

.(2) Any payment made before the date on which the No. 37, i960,

assent of Her Majesty to this Act is signified out of the Sydney Harbour Bridge Account or the Sydney Harbour Bridge Reserve Account that would have been vahd had the amend­ ments made by subsection one of this section been in force at the time when such payment was made is hereby validated.

X3), The amendment made by paragraph (f) of sub­ section one of this section shall be deemed to have commenced on the first day of July, one thousand nine hundred and fifty- eight.

9.      (1) The Transport (Division of Functions) Act, 1932, Amendment

as amended by subsequent Acts, is amended by omitting para- 31,^93^°'

graph (b) of subsection three of section five.

s. 5.

X2), The amendment made by subsection one of this sSnSTor

section shall be deemed to have commenced on the first day poftlind^” "̂ of July, one thousand nine hundred and fifty-eight. Tramways.)

10. Acts, is amended—

The Main Roads Act, 1924, as amended by subsequent Amendment

21^92^.°'

(a)

by inserting next after subsection (1b) of section Sec. 12.

twelve the following new subsection :

(Use of

Fund.)

(Ic) The County of Cumberland Main Roads Fund may also be used for surveys and investigations to ascertain what roads in the inner city shall be inner city expressways and for plaiming the construc­ tion of and designing any such road which the Commissioner has determined shall be an inner city expressway.

(b)

by inserting next after section forty-eight the follow- New sec. ing new section ; —

4 8 a . The Commissioner may make surveys and inner city

investigations to ascertain what roads in the inner city shall be inner city expressways and may plan the construction of and design any such road which he has determined shall be an inner city expressway.

SCHEDULES.

336                Sydney Harbour Bridge (Further Works) and Main Roads

(Amendment) Act.

No. 37,1960.

SCHEDULES.

See. 5.

SCHEDULE ONE.

The construction of a roadway on any part of the Bridge, as defined in section two of the Sydney Harbour Bridge (Administration) Act, 1932, as amended by subsequent Acts, which was immediately before the commencement of Part II of this Act used for tramway purposes, together with the necessary approaches to such roadway.

Sec. 6.

SCHEDULE TWO.

SJH.B.

106 C S66.

S.H.B.

106 C 880.

SJa.B.

106 C 868.

S.H.B.

106 C 893.

S.H.B.

106 C 869.

S.H.B.

106 C 894.

S.H.B.

106 C 870.

S.H.B.

106 C 2504a.

SU.B.

106 C 876.

S.H.B.

106 C 2504b.

S.H.B.

106 C 877.

S.H.B.

106 C 2504c.

S.H.B.

106 C 878.

S.H.B.

106 C 2505.

S.H.B.

106 C 879.

WELLINGTON

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