The Local Government Act 1910 (SA)

GEOR,GII V REGIS.

A.D. 1910.

No. 1033.

a n Act to further amend "The Municipal Corporations

Act, 1890," and " The District Councils Act,

1887," and for other purposes.

[Assented to, December 7fh, r pro. ]

it Enacted by the Gorei.nor of the State of South Australia,

BE with the advice and conse~~t of the Parliament thereof, as

follows: PART I.

PART I.

PRELIMINARY.

PART IV.-Miscellaneous. PART

1, This Act may be cited as " The Local Government Act, Short title.

1910."

2, This Act is incorporated and shall be read with- Incorporation.

I. "The Municipal Corporations Act, 1890," and all Acts

amending or incorporated with that Act:

11. The District Councils Act, 1 887," and all licta amending or

incorporated with that Act.

3, 'I'he provisions of this Act are arranged as follows :- ~ r o v i e i ~ ~

PART I.-Preliminary.

PABT 11.-Loeal Government Works.

PART 111.-By-Laws-Traffic.

r0 GEORGII V, No. 1033.

The Local Government Act.-- 1910.

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PART 11. PART 11.

LOCAL GFOVERNMEN'l' WORKS.

Interpretation. 4. I n this Part, except where some other meaning is clearly

intended-

'' Authorised scheme " means a scheme authorised by the Minister

in accordance with the provisions of this Part:

Constituent Council " means a Council bound by an authorised

scheme:

Controlling authority " means the person or persons appointed

to control the execution of local government works:

Council" means a Municipal Council as defined by this section,

or a District Council:

NO. 410 of 1887. District " means a District as defined by " The District Councils

Act, 1887," or a Municipality:

a Gazette " means The South Australian Government Ga,zette :

"Local government area " means the Districts which, in the opinion of the Minister, may be in any way interested or concerned in or afl'ected by a scheme:

c c 1,ocal government works " means an object or purpose to be executed wholly or partly without the limits of a District, which might lawfully be executed under the principal Acts, if such object or purpose were to be executed wholly within the limits of the District:

Minister " means the Commissioner of Crown Lands of the said State, or the Minister of the Crown for the time being dis- charging the duties of such Commissioner:

" Municipal Council " means the Mayor, Aldermen (if any), and

Councillors of a Municipal Corporation or a quorum thereof,

NO. 497 of 1890. and the definition of " Municipal Council " in The Munici-

pal Corporations Act, 1890," shall not apply to this Part:

No. 419 of 1887. Principal Acts " means " The Municipal Corporations Act, 1890 "

and all Acts amending that Act, ",:P The Uistrict Councils

Act, 1887," and all Acts amending that ,4ct:

C L Scheme " means a proposal, made in accordance with the pro-

visions of this Part, for the undertaking of local government

works,

5. Any Council or Councils may submit to the Minister a scheme

a scheme. for the benefit of the District or Districts which they represent, or

any part or parts thereof.

Partieulara of the	6,	Such scheme shall be in writing and shall clearly state-
rcheme.

(a) The name or names of the Council or Councils submitting

the scheme: ( b ) The

I " GEORGII V, No. 1033.

The Local Government Act .1910.

( b ) The local government works proposed to be undertaken:	P A R T	1 1.
(c) The means by which the local government works are to be

executed:

(d) The constitution of the controlling authority, or the mode

of appointing the same:

(e) The estimated cost of the local government works:

( f ) The parties by whom, anti the proportions in which, the

cost of the local government works is to be borne;

and shall be accompanied by a plan and specifications of the works

and undertakings (if any) included in the scheme.

7, The Minister shall forward a copy of the scheme to all the Miniatertoforwad

(:ou ncils in the local govern men t area other than those submitting	copies to otber
the scheme.

8, Any Council within the local government area may forward Councils may approve

to the Minister notice of its approval of, or objection to, the scheme ,ch,,,.	of or object to ths
or any amendments to the scheme proposed to be made by the Minister as hereinafter provided, with the grounds of such objec- tion (if any).

to the scheme, propose such amendments to the scheme as, having the scheme. 9, (1) The Minister may, at any time before granting his consent Miniater may amend

regard to the various interests of all the Councils in the local govern-

ment area, he thinks proper.

(2) The Minister shall give to any Council in the local govern-

ment area such notice of any amendments proposed to be made by

him as in the circumstances he thinks proper.

10, The Minister shall not grant his consent to the scheme TheMinbler'8 consent not to be

until after the expiration of thirty days from the publication pro- gmted for thirty

vided for by section 7. days.

scheme, or to ascertain whether the provisions of this Part and of the direct inquiry. 11, (1) In order to investigate any matter connected with the The Minister may

principal Acts have been obeerved, the Minister may appoint one or more Special Magistrates, by whom an inquiry shall be held; and for the purpose of such inquiry such Special Magistrate or Magis- trlctes shall have every power that may be exercised by a Local Court of limited jurisdiction, and shall report to the Minister within thirty days. In any case in which a Special Magistrate or Magis- trates is or are appointed to hold such an inquiry, the Minister shall not grant his consent to the scheme until such report has been received,

(2) The costs of such inquiry shall be borne by such parties and in such proportions as the Special Magistrate or Magistrates decide, and may be provided for by the Minister in any amendments made by him to the scheme.

12. (1) m e

I" GEORGII V, No. 1033.

The Local Government Act.-1 91 0.

Yaar 11. -- 12. (1) The Minister shall grant his consent to the scheme if he

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1

The Minister's	is satisfied, having regard to thk various interests of all the Councils
consent.	in the local government area, that the scheme, as submitted or as amended (as the case may be), is fair and reasonable, and that the execution of the local government works, in the manner provided for therein, will substantially benefit the local government area.

(2) All amendments to the scheme, made by the Minister prior

to the granting of his consent to the scheme, shall be incorporated

in and form part of the scheme.

(3) The Minister shall a t the time of granting his consent to the

scheme decide what are to be the constituent Councils.

Publication of COU-

rent end service on 13, If the Minister grants his consent to the scheme he shall

constituent Councils.	cause notice of such consent, together with a copy of the scheme, as	,
submitted or as amended (as the case may be)-

(a) To be published in the Gazette at the cost of the Councils

submitting the scheme, and

( b ) To be served upon each of the constituent Councils.

Such notice shall state the names of the constituent Councils.

soheme to be autho-	14.	(1) 'I'he scheme as so published shall take effect, and shall
riled from day of

ubliationandto be deemed to be authorised, f'rom the day of the publication pro-

tawtheeffectofan vided for by section 13. agreement.

(2) ,An authorised scheme shall have the same force and effect

as if it were an agreement made between and executed by the

constituent Councils.

Constituent Councils 15, The powers, authorities, duties, ancl obligations conferred

be bound by the

rcheme.	and imposed by an authorised scheme upon thc constituent Councils
shall be exercised and performed by such Councils, notwith- standing that such powers, authorities, duties, alld obligations are to be exercised and performed wholly or partly without the limits
of the Districts which such Councils represent, or any of them.

Controlling authority	16. The powers, authorities, duties, and obligations, conferred
may exercise powers,

etc., of constituent	and imposed by an authorised scheme upon the controlling authority,
Councilr.	and such powers, authorities, duties, aud obligations as may be necessary or expedient for executing the scheme, shall be exemised and performed by the controlling authority, in the name and on behalf of the constituent Councils or any of them.

In are of default 17. If any constituent Council makes default in the payment

controllingauthority of any sum or sums of money due under an authorised scheme may apply to Minirter fororderforpayment. to the controlling authority, or to another or other constituent

Council or Councils, for the space of thirty days after the same becomes due, the controlling authority or such other Council or Councils, as the case may be, may apply to the Minister for an order

for paymentl 18, 'l'he

I " GEORGII V, No. 1033.

The Local Government A c t. 1 9 1 0.

18. The Minister may thereupon make an order for the payment

of such sum or sums of money as are due by the constituent Council	Making of ordor and
making default, within such time, being not less than thirty days	publimion.
from the making of such order, as in 'the circumstances he thinks proper. Such order shall be published in the Gazette at the cost of the controlling authority, or of the Council or Councils at whose instance the same is made.

19, If after such publication the constituent Council continues	amount due from
Minister may deduct

in default for such time as is mentioned in the order, the Minister	grant payable to
may deduct the whole or any part of the sum or sums due by	defnulting Council.
the Council making default, together with all legal or other costs, charges, and expenses incurred by reason of such default by the controlling authority, or the Council or Councils at whose instance the order is made, from anv moneys voted by Parliament and payable to the defaulting Council by wav bf subsidy; and may there- upon pay the amount so deducted to the controlling authority or the Council or Councils to which it is due. Upon every such payment the Council on whose account such payment is made shall be credited by the controlling authority, or the Council or Councils to which it is made, with the amount so paid.

authority or consent than this Act and the consent of the Minister on debenturee. 20. Any constituent Council may, without further or other Councils may borrow

to the scheme, borrow money for permanent works and undertakings K,. 49.1 of 1890.

included in an authorised scheme on the security of the general

rates by the issue of debentures or otherwise, notwithstanding that 8 3 3 0 ~ 1903.

such permanent works and undertakings may be wholly or partly NO. 419 of 1857.

without the limits of the district which such Conncil represents. N ~.	883	1904.
Such works and undertakings shall be deemed to be permanent works and undertakings within the meaning and for the purposes of section 13 of " Thc Municipal Corporations Amendment Act, 1903,"
in a case where money is so borrowed by a Municipal Council, or of

case where money is so borrowed by a District Council. section 25 of " The I h t r i d Councils Amendment Act, 1904," in a cation required by this Act, to be made by the Councils or the con- publication. 21. The Minister may require payment of the costs of any p b l i - Parnlent of cos! of

trolling authority by whom the same are due, before causing such

publication to be made.

order or notice or other matter under the provisions of this Part notice. 22. The production of the Gazette purporting to contain any Evidenceof orderor

shall be conclusive evidence of the making and publication of such

order or notice or other matter.

scribing the forms to be used for the purposes of this Part, and all regulations. 23, The Governor may from time to time make regulations pre- Governor may make

such regulations as are by this Part contemplated or required to be made, or as may be necessary or convenient for carrying into effect all or any of the objects and purposes expressed or implied by this Part, or any thing incidental to or in any way connected with such objects and purposes, or any of them. 24. (1) Au

I " GEORGII V, No. 1033.

The Local Govermnent Act .-I 9 10.

PART 11. 24, (1) All such regulations shall-

(a) Be published in the Gazette ;

( b ) Take effect from the clate of publication; or a later date

specified therein; and

(c) Be laid before both Houses of Parliament within fourteen days after publication, if Parliament is then in Session, and if not, then within fourteen days after the conz- mencement of the next Session.

(2) Notwithstanding any publication thereof, no regulation shall continue to have any force or effect if the same is disapproved by resolution of either House of Parliament within thirty sitting days thereof after such regulation has been laid before it if Parliament is so long in Session: Provided that if Parliament is not in Session for thirty sitting days of either House after such regulation has been laid before it then such regulation shall not continue to have any force or effect if disapproved by such House within thirty sitting clays thereof after the commencement of the next Session of Parliament.

Swingof powers, tc., 25, Nothing in this Part contained shall in any way limit the are liable to be by a Council under the principal Acts, unless, and except so far as, such limitation is expressly provided for by an authorised scheme or is necessarily consequent thereupon.

under principsl Ac~s. powers, authorities, duties, or obligations which may be exercised or

PART 111.

BY-LAWSTRAFFIC.

Bylaws fcr control	28, ( a ) Every Municipal Council may, in addition to the powers
of trettic.

No. 497 of 1890. conferred by Yart XIV. of The Municipal Corporations Act,

1890," and the powers con.l'erred by Part TV. of The Municipal

Corporations Amendment i4ct, 1903 ":

( b ) Every District Council may, in addition to the powers con- ferred by Part XVIII. of " The District Councils Act, 1887," and the powers conferred by Part V. of " The District Councils Amend- ment Act, 1904 "-make, amend, or repeal by-laws for any of the following purposes :-

I. For regulating, controlling, or prohibiting the passing or travelling in or along the streets or roads of all vehicle!, or

vehicles of any particular class, kind, or descript~on: Provided that no such regulation shall be valid unless the Council, before passing the same, has caused a public inquiry to be held with reference to the matters therein dealt with:

11. For fixing the route to be taken by persons riding, driving,

or conducting any animal or vehicle, or animals or vehicles of particular kinhs, in or along the 'streets or roads, and

for

-- I " GEORGII V, No. 1033

The Local Government Act .1910.

for prohibiting peraorls from riding, driving, or conducting

PAPT 111.

any animal or vehicle, or animals or vehicles of particular

kinds, in the streets or roads, except on such route:

I I r. For regulating, controlling, or prohibiting the loading and

unloading of coal, coke, firewood, timber, lime, casks and barrels (whether empty or otherwise), and other like com- modities, materials, and things on or across any footway or path or in any street or road:

IV. For regulating the use of streets by street hawkers and

itinerant traders, with power to prohibit any such persons during particular hours from using certain streets or parts of streets,

27. Any by-laws made under the powers conferred by this Part *pp1i~tionof suoh by-laws.

may be made to apply -

( a ) Either generally: or except under particular conditions;

( b ) Either at all times, or on particular days, or during particular

hours; and

(c) Either to all streets and roads, or to any particular street or

road or part of a street or road.

the powers conferred by this Part shall apply to a motor vehicle as Act applies. 28, Nothing contained in this Part or in any by-laws made under Vehicles to a rhich

defined by The Motor Vehicles Act, 1907," if suc,h motor vehicle

is not used exclusively for purposes of trade or commerce. Except

as aforesaid this Part shall apply to all vehicles however driven

or propelled, and the term " vehicles " whenever used in this Part shall include motor vehicles used exclusively for the purposes of trade or commerce and traction and transport engines.

29. The provisions contained in The Municipal Corporations General provilriona

Act, lb90," or in " Tl!e District Councils Act, 1887 " (according to to by-laws to apply.

the natuie of the case), relating to by-laws and to the making thereof shall apply, mutatis rnzitandis, to all by-laws made under the powers conferred by this Part and to the making of snch by-laws.

PART IV. PART IV.

MISCELLANEOUS.

30. In addition to the powers conferred by " The District Lease 0tr08detor

Councils Act, 1887," or any other Act, any District Council is mi1itavPuqme8.

hereby empowered to grant, for such terms of years and subject to

such conditions and reservations as it deems proper, leases or

licences of portions of public roads for military purposes: Provided

that nothing in this section shall be deemed to authorise the per-

manent closing of any public road against traffic otherwise than as

provided by the said Acts or this Act.

Control

I" GEORGII V, No. 1033.

The Local Government Act .--l 9 10.

Paar xv. Control o f Establishment of Hospitals.

HUS ital not to be 31, No person shall, after the passing of this Act, establish a.

hospital or other institution (hereinafter called a hospital "), for

eatatfiebed notice to ~ o u n c i ~ without

No. 711 of 1898. the treatment of consumption or any infectious disectse within the meaning of " The Health Act, 1898" at any place within a Munici- pality or within the District under the jurisdiction of a District ~ounci l, until after the expiration of three months from his giving the Municipal or Dist,rict Council a notice stating-

I. The intention to establish the hospital;

TT. The proposed site thereof;

111. The purpose for which the hospital is to be used; and

iv. The name and address for service of t,he person intending

to establish the hospital.

Petition to Governor

and power to prohihit 32, (1) Within six weeks after the receipt of a notice under

the hoepital.	section 31 the Council may present a petition to the Governor praying that the establishment of the proposed hospital Inay be prohibited.
(2) Within three months after the receipt of such notice by the Council the Governor may, if he is of opinion that the establishment of the proposed hospital would be likely to be injurious to the health or welfare of the inhabitants in the neighborhood of the proposed site, prohibit the establishment thereof by notice served on the person named in the notice under section 31.
(3) Such notice shall be deemed to be duly served on the said person if served on him personally or left at the address for service stated in the notice under section 31.

If established'	. 33. If	any person establishes a hospital contrary to the provisions
contrary to Act

deem& a?.t~ins8ni- of section 31, or after the service on him of a notice under section

bycondt lon." 32, such hospital shall be deemed to be a condition which the Local

an insanitary condition; and the same consequences shall ensue, and Board of Health of the Municipality or District has declared to be

N ~. 711 of 1898. the same proceedings may be taken under " The Health Act, 1898," as if it had been so declared an insanitary condition.

Persons in Rece+t of Relief may be Ewe Eled as Citizens.

Pereons in receipt of 34, Section 31 of " The Municipal Corporations Act, 1890," is

public relief may be hereby amended by striking out the last line thereof.

enrolled citizens.

No. 1 7 ~ f 1908 (Corn.)

No. 497 of 1890.

Tn the name and on behalf of His Majesty, I hereby assent to

this Bill.

DAY H. BOSANQUET, Governor.

Adelaide : By authority, R. E. E. ROOERB, Qovernment Printer, North Terrace.