Tolls on Privately Constructed Road Traffic Facilities Act of 1931 (22 Geo v No. 14) (Qld)

13916 TRAFFIC. .Tolls on Privately Constructed Road.• Etc., Act. 22 Gm. V. No. 14, TRAFFIC. TRAFFIC ACTS. Tolls on Privately Constructed Road Traffic Facilities Act of 1931 .. 22 Geo. V. No 14 Heavy Vehicles Acts Amendment Act of 1931 .. 22 Geo. V. No. 38 22N G o E . O 1 . 4. V. An Act to Authorise the Construction and Mainten- THE TOLLS ance of Certain Road Traffic Facilities by ON PRIVATELY Private Persons, and the Levying and CONS rRUCTIlD ROAD Collecting thereon of Tolls from Traffic TRAFFIC FACILITIES using such Facilities; and for other purposes. ACT OF 1931. [ASSENTED TO 7TH OCTOBER, 1931.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows;- Short title. 1. (1.) This Act may be cited as "The Tolls on Privately Oonstructed Road Traffic Facilities Act of 1931." Commence. *(2.) This Act shall come into operation on a date ment of Act. to be proclaimed by the Governor in Council by Proclamation published in the Gazette. Interpre. tation. 2. In this Act, unless the context otherwise indicates or requires, the following terms have the meanings set against them respectively, that is to say : - Board. "Board"-The Road Traffic Facilities Board constituted by this Act; Commis· sioner of Main Roads or Commis· sioner. "Commissioner of Main Roads" or "Commis- sioner"-The Commissioner of. Main Roads appointed under the Main Roads Acts, or other officer or officers charged with his powers and duties; Crown lands. " Crown lands"-All lands vested in His Majesty which are not for the time being subject to any deed of grant, lease, promise, contract, or engagement made by or on behalf of His Majesty; * Act proclaimed as from 19th November, 1931. (Gazette, 19th ,November, 1931, page 1507).

TRA}1-'FIC. 13917 1931. Tolls on Pl'ivately Constnlcted Road, Etc., Act. - - - - ------------ -_._--------_.--- "Franchise period"-The period for which the Franchise owner is authorised to levy and collect tolls period. on the road traffic facility, and at the expiration of which the road traffic facility shall become the absolute property of the Crown: "Local Authority"-Any LocaJ Authority or Local . joint Local Authority constituted by the AuthOrIty. Local Authorities Acts; the term includes the Citv of Brisbane constituted under *" The 0/ City Brisbane Acts, 1924 to 1930 " ; " Local Authorities Acts"-t" The Local Authorities Local A _C t s , 1 . 902 to 19 > ') - 9 I, '" or any L A "J..C . ! L J c1menu 1· lng or A A u ct t s h . orities _ in substitution of the same: the term also means and includes *" 'Phe City of Brisbane Acts, 1924 to 1930," or any Act amending or in substitution of the same; "Main Roads Acts"-t" J.T!he l11ain Roads Acts, Main Roads 1920 to 1929," or any Act ttmending or in Acts. substitution of the same; " :Minister"-The Chief Secretary of the State of Minister. Queensland or other Minister of the Crown for the time being charged with the adminis- tration of this Act; " Owner"-The person to whom authority is given Owner. by the Governor in Council to construct and maintain, subject to this Act, any road traffic facility, his heirs, executors, adminis- trators, and permitted assigns, and where necessary shall include the Commissioner of Main Roads; " Person"-Any person or number of persons, or Person. any corporation, body corporate, company, or firm; " Prescribed"-Prescribed by this Act; Prescribed. " Road traffic facility"-Any bridge, viaduct, or Road road works, and any combination of the ~ ~ ~ m~ y. same; - - - - - - - - - _ .. _ - - - - - - - - - - - - - - - - * 15 Oeo. V. No. ,,2 and 21 Oeo. Y. No. 45, supra, page 11140 and 13211. t 2 Edw. VII. No. 19 Gnd amending Acts, supra, pages 1860 et seq. (See Alphabetical Table of Acts). t 10 Geo. V. No. 26, 13 Oeo. Y. No. 24, 14 Oeo. Y. No. 12, 16 Geo. Y. No. 9, 19 Geo. Y. No. 11, supra, page 12357; 20 Oeo. V. No. 23, supra, page 12775.

13918 TRAFFIC. Tolls on Privately Constrllcted Road, Etc., Act. 22 GEO. V. No. 14, This Act. Tolls. " This Act"-This Act and all Orders in Council and by-laws made thereunder. "Tolls"-Any fees payable to the owner under this Act or Orders in Council or by-laws thereunder for the privilege of passing over or using the road traffic facility, whether in relation to a person, animal, vehicle, or other moveable object whatever: the definition also includes any fee payable to the owner in respect of the accommodation of any of the public utilities referred to in section thirty of this Act, and also any amounts received by the owner in any way from or in connection with or the use of the road traffic facility. Gover~or in 3. Notwithstanding a,nything in any other Act ~~ ~~ : }semay contained, the Governor in Council may, subject to this person to Act, authorise any person possessing, in the opinion of ~ ~ ~ t~ ~ ~ ific the Governor in Council, sufficient financial resources, facility and to construct and maintain on, across, or over any inland ~ ~ ll! ~ ~ ~ o~ ~ d or any coastal waters in the State of Queensland, or on any public road at present vested in any Local Authority in the State of Queensland, any road traffic facility, and to levy and collect tolls from traffic using such road traffic facility for such period as the Governor in Council may prescribe. Procedure in 4. The Minister may authorise the Commissioner rpersoppeocsta 0 1 £ f or of M . ain Roads to publicly advertis . e for t . he submission road traffic to hIm of proposals for the constructIOn and mamtenance, facility. subject to this Act, of any road traffic facility: Provided that in all cases where the estimated cost of any such road traffic facility shall exceed the sum of one thousand pounds, it shall be the duty of the Commissioner of Main Roads to publicly advertise for the submission to him of any such proposals concerned; save and except such proposals for the construction and maintenance of any road traffic facility as have been wholly or partially submitted to the Commissioner before the commencement of this Act. The Commissioner of Main Roads shall report to the Minister on all such proposals, and the Minister may accept or reject any such proposal: Provided that the person submitting any such proposal shall not be deemed to be authorised to construct and maintain a road traffic

. 1931. Tolls on Privately Constructed Road, Etc., Act. 13919 facility until such acceptance of the proposal concerned by the Minister shall have been confirmed by the Governor' in Council by Order in Council published in the Gazette. 5. Before considering any such proposal as aforesaid, Minister may the Minister shall require the person submitting such reqru:: proposal to provide security in such form and amounts secun y. as the Minister may direct, and to submit such details of the proposal, together with such proof of his financial resources, as the Minister may require. 6. (1.) The Governor in Council may, by Order in Powers of. Council, make all such additional terms, provisions, g~ ; : ~ ~ ~ r ID conditions, and stipulations as he deems necessary and/or convenient for the purpose of carrying this Act into execution, and where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or deficiency. (2.) Any person submitting any proposal for the Additional construction and maintenance of a road tra~ c f~cility ~ ~ :~ rti' :: shall, if authorised to so construct and maIntaIn the to be road traffic facility concerned, be and be deemed to binding. be bound by any such additional terms, provisions, conditions, and stipulations so made by the Governor in Council. (3.) Without limiting the generality of the foregoing Further provisions of this section the Governor in Council may, PGowers of. by 0 rder I.n CounC' l1, ' In respect 0 f any road t raffic faC' llI' ty Co o u v n e c r i n l o . r In concerned, make such additional terms and conditions as he deems necessary and convenient with respect to all or any of the following matters :- (a) The duration of the period which the owner Du~ ation of shall be permitted to levy and collect tolls perIOd. from traffic using the road traffic facility concerned, and on the expiration of which the road traffic facility shall become the absolute property of the Crown, as herein- after provided; (b) The maximum amount of toll which the owner Maximum of may levy and collect from each unit of each tolls. class of traffic using the road traffic facility, and for the utilities mentioned in section thirty;

13920 TRAFFIC. Tolls lm Privately Constructeicl Road, Etc., Act. 22 GElo. V. No. 14, Exemptions. Method of collecting tolls. Site and nature of road traffic facility. Payment by owner of cost of information. Payment of costs of inspection, &c. Amounts and recovery from owner. Time of commence· ment of construction. Security. Penalties. (c) Exemption of vehicles owned by the Crown; exemption of any vehicles or prescribed class of vehicles owned by any prescribed Local Authority or other prescribed local body from the payment of tolls; (d) The method of collection of the tolls, and prescribing the limits of the road traffic facility within which or in respect of which tolls may be collected; (e) The exact site and nature of the road traffic facility proposed to be constructed and main- tained, and the prescribed portion of such road traffic facility to be maintained by the owner; (j) The payment by the o-wner of the cost of any information supplied by the Governor in Council to the owner for the purposes of submitting his proposal; (g) The payment by the owner of the whole or a portion of, or an annual lump sum to cover, the costs of inspection by the Commissioner of Main Roads, or his representative, of the road traffic facility concerned during its construction and during the period within which the owner exercises the right to collect tolls; (h) The amounts and the manner of recovery thereof for failure or neglect on the part of the o"\xmer to observe any of the provisions of any such terms, provisions, conditions, and stipulations as prescribed; (i) The time of commencement of construction of the road traffic facility and the time allowed for the completion of the road traffic facility concerned; (j) The depositing, with the Governor in Council, of such security as the Governor in Council may require for the due observance by the owner of the provisions of such terms, provisions, conditions, and stipulations, and the provisions of this Act generally; . (k) The amount of any penalty where provision is made in this Act for a penalty, and where the amount thereof under this Act is to be

TRAFFIC. 13921 1931. Tolls on Privately Constructed Road, Etc., Act. prescribed by the Governor in Council, and, generally, the fixation of penalties for any breach of this Act or Order in Council ; (l) The date after which the owner of the road Cesser of . tbryafftihceCfacoimlimtyl" SmSlaOyneartoaf nMy at.mimRe obaedsr, eqauctirm.egd rrfiagochidlatist t yroabf m yc on behalf of and with the approval of the owner. Governor in Council, to cease to exercise his rights in connection with the road traffic facility concerned, and whereupon the owner's rights shall cease and determine, and the road traffic facility shall become the absolute property of the Crown: Provided that if such power is exercised by the Governor in Council, the owner shall be entitled to receive compensation in accordance with the pro- visions of section nineteen of this Act ; (m) Prescribing the duration of the notice to be Notice by goiwvneenr bbyefotrheeexGeroCv. Iesirnngo. rIusinpoCwoeurncm.il atcocotrhde- G C o o v u e n r c ~ Il o . r in ance with section nineteen of this Act: And further providing that in the case of the non- exercise by the Governor in Council of his powers under the said section, that· such powers shall not be exercised until such further period of time as may be prescribed; (n) Limiting the maximum amount of compen- Limitation satio. n which the owner shall be e.ntitled to. tolO! Uco. mpensa. reCeIve in the event of the Governor m Council exercising his powers under section nineteen of this Act to resume the road traffic facility concerned to the fair original cost, as hereinafter determined, plus a prescribed fraction thereof ; (0) All matters required or permitted by this Act Generally. to be prescribed by the Governor in Council. (4.) Notwithstanding anything hereinbefore con- Furt~ ~ r tained, the duration of the franchise period referred dpruorvaUti:olOnnsof '/'8 to in paragraph (a) of subsection three aforesaid need notfra~chise be expressed as a definite term of years in the first place, perIOd. but the Governor in Council may provide that the franchise period shall extend to such time as will enable the owner of the road traffic facility concerned to recoup the whole or a proportion of the fair original cost of the road traffic facility to be prescribed by the Governor in

13922 'rRAFFIC. Tolls on Privately Constructed Road, Etc., Act. 22 GEO. V. No. 14, Council by Order in Council, together with such minimum average annual dividend on the fair original cost of the road traffic facility, as may be similarly prescribed by the Governor in Council, from the amounts of toll collected on the road traffic facility concerned. If the Governor in Council decides that the franchise period shall be determined in the manner aforesaid, the full financial statement required to be submitted annually to the Commissioner of Main Roads under section nineteen of this Act shall be used by the Commissioner to determine the date of expiration of the franchise period. For this purpose the Commissioner of Main Roads, after making full allowance for the cost, in his opinion, of operating the road traffic facility during the year, and the amount necessary to provide for the minimum annual average dividend prescribed, shall each year consider the balance of the total amount of tolls collected in the year on the road traffic facility as paid into a sinking fund for the purpose of redeeming the fair original cost of the road traffic facility. When the sum of such annual amounts so assessed by the Commissioner, together with interest at four per cent. per annum compounded yearly on all such annual amounts from the end of the year in which such annual amount is considered as paid into the sinking fund aforesaid in each case, becomes equal to or exceeds the fair original cost or the prescribed proportion thereof as hereinbefore provided of the road traffic facility, the franchise period shall be deemed to have expired: Provided that if in any year or any number of years the amount of tolls collected on the road traffic facility, less the cost, in the opinion of the Commissioner, of operating the road traffic facility is less than the amount necessary to provide the prescribed average annu·al dividend, no amount shall be considered by the Commissioner to be paid into the sinking fund for that year or for those years; and for the following year or for such number of years following as may be necessary, no amounts shall be considered by the Commissioner as having been paid into the sinking fund aforesaid until the amounts collected from the tolls on the road traffic facility less the cost, in the opinion of the Commissioner, necessary to operate the road traffic facility, have been sufficient to provide the prescribed 8<nnual dividend for each year, together with the amount of any deficiency

TRAFFIC. 1931. Tolls on Pr'ivately Constructed Road, Etc., Act. or deficiencies in the amount of the prescribed average annual dividend in a former year or in former years, together with interest thereon at four per cent. per annum compounded yearly from the middle of the year in which the deficiency arose until the middle of the year in which the amounts collected from the tolls on the road traffic facility less the costs, in the opinion of the Commissioner, necessary to operate the road traffic facility are sufficient to make good the deficiency in each case. For the purposes of this section, the cost of operating the road traffic facility in any year shall be taken to mean- (a) The cost of collecting the tolls during the year; (b) The cost of maintaining the road traffic facility during the year; (c) The amount of any inspection fees paid to the Commissioner of Main Roads during the year; (d) Amounts paid in taxation under any law of the Commonwealth or State during the year; (e) Reasonable directors' fees or managerial expenses during the year; and (f) Such other costs of operating the road traffic facility during the year as the Commissioner of Main Roads may in his discretion allow. The Commissioner shall each year within two months of the submission to him of the full financial statement required to be submitted to him annually, notify the amount which the Commissioner has assessed as the amount for the year to be considered as paid into the sinking fund aforesaid, and such amounts so notified by the Commissioner shall be adopted for the purpose of determining the extent of the franchise period : Provided that if the owner of the road tra"ffic facility concerned shall be dissatisfied with a decision of the Commissioner as to the amount to be considered as paid into the sinking fund as hereinbefore provided in any year, the matter shall be submitted to arbitration in accordance with the provisions of the *" Interdir;t Act of 1867." * 31 Vie. No. ll, supra, page 2387. 13923

13924 TRAFFIC. Tolls on Privately Constructed Road, Etc., Act. 22 GED. V. No. 14, If the owner fails, refuses, or neglects at any time to submit annually to the Commissioner of Main Roads the full financial statement as provided in section nineteen of this Act, the Commissioner of Main Roads may for the purpose of determining the date of expiration of the franchise period, on the occasion of each such failure, and without prejudice to any of his other powers under this Act, assess such sum as he thinks fit as the correct amount to be considered as paid into the sinking fund aforesaid, and such sum or sums so assessed shall be taken to be the amount or amounts as considered to be paid into the sinking fund as hereinbefore provided for the purpose of determining the date of expiration of the franchise period : Provided further that if the Governor in Council provides that the duration of the franchise period shall be determined in the manner aforesaid, he shall in addition provide that the franchise period shall not in any case exceed a definite number of years to be prescribed by the Governor in Council. Where additional works as defined in section twelve of this Act are approved by the Governor in Council and constructed during the franchise period, the franchise period shall be deemed to extend to such further time as will enable the owner to recoup the whole of the fair original cost of such additional work, together with the minimum prescribed annual average dividend, and such extended period shall be computed in the same manner as prescribed herein for the computation of the duration of the franchise period in the first place. Publication (5.) All such additional terms, provisions, conditions, CofoOunrcdielrisn in and stipulations shall be notified by Order in Council Gazette, and published in the Gazette, and from and after the date of effect of same. such publication shall be of the same force and validity as if they were contained in this Act, and shall be judicially noticed, and shall not be questioned in any . proceedings whatsoever: Provided that such additional terms, provisions, conditions, and stipulations may be varied as prescribed for different road traffic facilities, or in respect of any class or classes of road traffic facilities, or in respect of any particular road traffic facility.

TRAFFIC. 13925 1931. Tolls on Privately Constructed Road, Etc., Act. 7. (1.) When the Minister has accepted a proposal On for the construction a,nd maintenance of a road traffic cofnfirmation f aC'llI' t- y, an d the G overnor I . n C ounCl '1 h as confirme d SUC h c 0 oancfciremptaatniocne, , acceptance, such confirmation shall be notified by Order & c' iiod~ e in Council published in the Gazette, in which shall appear ~ ~ ~ et: e. m a full and proper description of the person whose proposal has been accepted, and such confirmation shall refer to the additional terms, provisions, conditions, and stipula- tions (if any) made bythe Governor in Council under the authority of this Act by which such person is bound. (2.) From and after the date of such publication in Pe~ ~ on . the Gazette the person so described shall be deemed to be ~ ~~ ~ ~ed;~ be the person authorised to construct and maintain a road person, traffic facility under this Act, and shall thenceforth be ~ ~' ~ ~~ : :: : ct deemed to be the owner for the purposes of this Act; iLnd maintain and from • and after the date aforesaid no further Order rr a oa m d l l't ~ traffic in CouncIl shall without mutual consent be promulgated having for its object the altering or adding to the terms, provisions, conditions, and stipulations (if any) already made hy the Governor in Council pursuant to sub- section one of this section in respect of the road traffic facility concerned. 8. (1.) Before proceeding with the construction of Owner to the road traffic facility, the owner shall submit to the ~~ ~ :~ t&c. , of Commissioner of Main Roads for npproval all plans and proposed speCl' ficat" IOns III respoct 0 f or concernm " g t he rO[1d. t raffi C fraocaidlittyra. ffic facility or any other information in regard thereto which the Commissioner may require. Such owner shall also specify the manner in which it is proposed thc1t the construction of the road traffic facility is to be carried out, and in any case where the construction of the road traffic facility is to be carried out by contract the owner shall also submit, for approval of the Commissioner of Main Roads, the terms and conditions of the contract concerned. (2.) The COllu:'1issioner of Ivlail1 Roads shall consider Powers of such plans, specifications, information as aforesaid, and ~ ~ ~~ e~is. contract submitted to him as ~ ' vforesaid, and may in his absolute discretion approve of same, or reject the same, or refer same back to the owner for further considera- tion and any amendment deemed necessary by the Commissioner to be made therein.

13926 TRAFFIC, Tolls on Privately Constructe;d Road, Etc" Act, 22 GEO, V, No, 14, Approval by (3.) On the approval by the Commissioner of the ~~ :e~ i:~ be said plans, specifications, and contract the Commissioner notified to shall forward such approval for final approval to the g~ ~ ~ ~ fI~ r in Governor in Council, and the owner shall be notified accordingly. ~~ ~ ~: ised to h (b4.) vVhefolfisudch apPhroval of thehGovernor ihn lC10unhcil proceed with as een notI e to t e owner, t e owner s a t en the construc- proceed with the construction of the road traffic facility ttioontesrmubsjeocft concernec I , anc1 sha. 11 comp 1 ete t he constructI'Onht ereof Order!n within the time prescribed and subject to the terms, COUnCIl. prOVI'SI,OnS, cond I 't' IOns, and st'IpU I at'IOns prescn' bed byteh Governor in Cou;ncil by Order in nouncil as hereinbefore provided, waPsraottoveirtssii, doa & nl c, conta( 5in.) ed ( , a) in Naontywciathsestwanhdeirnegit aisnyptrhoipnogsedinto tchoinsstrAucctt a road traffic facility on, in, over, through, or across tidal lands or a tidal water or the seashore below water mark, or in the bed or bottom of any harbour or any coastal water, the approva.l of the general design of the road traffic facility shall also require to be obtained by the owner from the authority having control of such tidal lands, tidal water, seashore, harbour, or coastal water, and the owner shall not proceed with the construction of the road traffic facility concorned unless and until such approval has been obtained and in the manner prescribed by the law for the time being in force. Saving of (b) Moreover, nothing in this Act shall prejudice or ~ ~ ~~ ~ ~rActs in any wi~ ~ aff~ ct, so far as the cons~ l~ uction of any r,oad and traffic faCIlItv IS concerned, the prOVISIOns and operatIOns ~~ : igation of *" The Harbour Boards Acts, '1892 to 1928," ~ r t" The 1 c s, Nav£gation Acts, 1876 to 1930," but such Acts shall be of full force and effect. Minister to 9. (1.) The Minister shall and may give the owner pgIovseseoswsionner of sueh posseSSI'O(n subJ' eot to any terms and condI' t' IOns as Crown land he may think fit and also subject to the approval of the foofr cpounrsptrousee, ssecret ary . .£ lor 1 l'u 3 b ' I J ' C L .~Lnu l s adn as n1ay b e not' 1 fieu ,< ! ~ Jo t.he tion of road owner) of any Crown land or of any road vested in a Local i~ ~ m~ y, Authority as he may deem requisite to enable the owner to construct and maintain the road traffic facility and to completely exercise the rights conferred and perform the obligations imposed upon him by this Act. * 56 Vie. ~ o. 26 and amending Acts, supra, pages 819 et seq. (See Alphabptical Table of Acts.) t 41 Vie. No. 3 and amending Acts, suprct, pages 3090 et scq. (See Alphabetical Table of Acts.)

'l'RAFFIC. 13927 1931. Tolls on Privately Constnlcted Road, Etc., Act. (2.) A description of such land and/or road the Publica~ i0l! P ossession of which is for the time being given to the ooff dlaenscdr.IptIOn owner as aforesaid shall be published in the Gazette at the time of authorisation of the person to construct and maintain the road traffic facility. (3.) If the Minister is of the opinion that lands, Po, , : e~ s as to other than th ~ ose I' n respec t 0 f wh I ' C~ h posseSSI.On as afore- aladnddItsl.Onal said may be given to the owner by the Minister under this Act, are required for the purposes of a road traffic facility, he may at any time before the commencement of the franchise period notify any person submitting a proposal or who has submitted a proposal for the con- struction and maintenance ()f a road traffic facility that such additional lands will be required, and shaH with such notification fully describe the additional lands required. (4.) If any of such additional lands as aforesaid are Owner of such a nature that they may be resumed by a ~ ~ ~ ~ ~ ~ c~ ing constructing authority under *" The Public Works Land authority Resumption Acts, 1906 to 1926)j (or any Act amending ~ ~ ~! ~ ~ or in substitution of those Acts), then the person Works L.and submitting the proposal, on becoming the owner, shall, ~ e~ umptlOn for the purpose of acquiring such lands, be considered c. to be a constructing authority under the *Public Works Land Resumption Acts, and shall and may acquire such lands under and subject to the provisions of those Acts and shall have and exercise all the powers and be subject to all ~ iabilities and obligations of a constructing authority thereunder, and shall be responsible and liable for all costs, charges, and expenses in connection therewith. (5.) In the event of the owner neglecting to acquire EJ!ect of such a dd 1 't" IOna I 1 iands as aforesal' d Wl 'thI' n such perl.Od foawIlnuerre toof as the Governor in Council may prescribe by Order in acquire Council published in the Gazette, the Governor in Council lands. may, by a further Order in Council, withdraw the authority to construct and maintain the road traffic facility f and all moneys the property of the owner held by the Governor in Council shall become the absolute property of His Majesty, and all rights of the owner shall forthwith cease and determine: * 6 Edw. VII No. let, 7 Geo. V. No. 6, 8 Geo. V. No. 20, 17 Geo. V. No. 18, supra, pages 8211, 8362, 11814.

13928 TRAFFIC. Tolls on Privately Constnwteld Road, Etc., Act. 22 GEO. V. No. 14, Duty of owner to transfer acquired lands to Crown. Provided that this subsection shall not apply if the additional lands which the owner shall have neglected to acquire are such that they may not lawfully be acquired by a Constructing Authority under the Public Works Land Resumption Acts. (6.) When, however, the owner has acquired any such additional lands as hereinbefore referred to in the manner aforesaid or by purchase or otherwise howsoever, he shall immediately transfer all such lands to the Crown, but shall be entitled to retain possession thereof to the same extent as if such land had been originally Crown land and possession thereof had been given to the owner by the :Minister under the provisions of this Act. Inspectio~ of 10. (1.) During the progress of the work of con- ~1~ ~ ~ : ctlOn struction of any road traffic facility under this Act, it tra~ c shall be inspected by the Commissioner of Main Roads f'llClhty. or his authorised representative from time to time, and full facilities shall be given for the purpose of such inspections, and the works shall be carried out in accord- ance with the plans, specifications, and all the terms and conditions of the contract generally if the work is done by contract; and neither the plans, specifications, nor conditions of contract shall be varied without the approval of the Commissioner of Main Roads previously signified in writing to the owner : Provided that if any variation of such plans, speCIfications, or conditions of contract as aforesaid is desired by the owner, he shall apply to the Commissioner of Main Roads, who shall, with all reasonable dispatch, consider and decide upon such application. gsCiioovmneemr ims- ay may ( r 2 e . q ) UTI.rheet hCeomowmnisesriotonetrakisehdeorwebnyoermrepmoowveereadnytowaonrkd certain which the Commissioner shall deem to be executed tdoirceacrtrioyninsgas unsoundly or I.mperfectly or Wl' th unSUl' table mater'Ia I s, out work. and to re-execute such work properly and/or with suitable materials. Owner to obey directions, &c., of Commis- sioner. (3.) The owner shall obey all decisions, requirements, and directions of the Commissioner of Main Roads in respect of the provisions of this section, and the decision of the Commissioner of Main Roads on all such matters shall be final and conclusive. ftWraachfifeliinctyroad be c(o4m. ) pl ( e a t ) edA aronaddrteraafdfyic ffoarcilpiutyblsihcaltlranfofitcbue ndteilemitedhtaos trreaafdfiyc. for hbiesenauitnhsopreicsteedd r b ep y re t s h e e nt C at o i m ve m ~ isasniodnethr eofCMomaimnisRsiooandesr oorf

TRAFFIC. 13929 1931. Tolls on Privately Ctmstructed Rood, Etc., Act. Main Roads has certified in writing under his hand that the road traffic facility has been completed in accordance with the plans and specifications, approved alterations, and all other terms, provisions, conditions, and stipulations prescribed by this Act. (b) The date of the certificate as aforesaid of the Commence- Commissioner shall be deemed to be the time of commence- f:~: hl! e ment of the franchise period, and the publication of this period. certificate in the Gazette shall be conclusive evidence of the fact of making such certificate. 11. (1.) The Commissioner of Main Roads shall, Computation not later than six months from the date of the certificate ~~i~~al of the time of completion hereinbefore provided, by cost of road another certificate declare the "fair original cost" of : ~ : ffl~ y. the road traffic facility. The" fair original cost" shall be the sum of- (a) The reasonable amount for the cost of con- struction of the class of work completed, executed by modern and efficient methods of construction, including as a construction cost the cost of acquiring any land acquired by the owner under the direction of the Minister, as set out in the provisions of section nine hereinbefore provided, managerial expenses, and any fees or charges paid by the owner to the Governor in Council or the Commissioner of Main Roads to cover the cost of any information· supplied to the owner by the Governor in Council or the Commissioner of Main Roads, and any inspection fees or charges paid by the owner to the Commissioner of Main Roads before the commencement of the franchise period; (b) A percentage to be prescribed by the Governor in Council of the cost of construction as provided in paragraph (a» but not exceeding in any case twelve and a-half per centum, to cover cost of surveys, bores, plans, specifica- tions, flotation, and all other expenses up to time of commencement of the franchise period; (c) Interest at such rate per annum as may be prescribed by the Governor in Council upon the constructional expenditure per annum, L1

13930 TRAF.E'IC. Tolls on Privately Constructed Road, Etc., Act. 22 GEO. V. No. 14, as determined by the Commissioner of Main Roads, and interest upon a percentage thereof to cover charges as described in paragraph (b) hereof, from the date of authorisation to proceed with the construction of the road traffic facility to the date of the Commis- sioner's certificate of completion of the road traffic facility. For the purposes of computing the amount of interest which shall be allowed on any sums spent on construction (as pro- vided in paragraph (a)), the sum spent in any year shall be deemed to have been spent in the middle of that year in one sum, and if the time of construction as defined is less than or exceeds a year or a number of years the interest on such period less than a year shall be calculated as if the sums spent during that period had been spent at the middle of the period in one sum. For the purpose of computing the amount of interest on the percentage of the cost of construction as prescribed by the Governor in Council, the full amount of such percentage shall be deemed to have been spent at the middle of the construction period in one sum. The rate of interest to be allowed shaH be pre- scribed by Order in Council published in the Government Gazette at the time of authorisation to construct and maintain the road traffic facility under this Act. When (2.) In the event of the Governor in Council or the mrefaetrtererd to owner 0 bj ecting to the fair original cost as declared by the arbitration. Commissioner of Main Roads, the matter shall be referred to arbitration in accordance with the provisions of the *" Interdict Act of 1867 " : Provided that, for the purposes of the arbitration, the basis set down above shall be adopted in arriving at the fair original cost, and a decision, which shall be binding on both the owner and the Governor in Council, shall be given within twelve months of the date of the declaration by the Commis- sioner of Main Roads of the fair original cost, and in the event of the Governor in Council or the owner not objecting to the fair original cost, as declared by the Commissioner, within three months of the date of such * 31 Vie. No. 11, supra, page 2387.

'l'RAFFIC. 13931 1931. Tolls on Privately Constructed Road, Etc., Act. --------.----- declaration, or failure of the arbitrators to give a decision within the prescribed period, the fair original cost, as declared by the Commissioner of Main Roads, shall be accepted as the fair original cost for the purposes of this Act: Provided that if the Commissioner of Main Roads shall fail or neglect to issue the above certificate before the expiration of six months from the date of the certificate of completion the Governor in Council shall appoint some other person to make a full and proper inquiry and to issue the certificate required by this section, and this section shall then be construed as if such person had been originally named therein in place of the Commissioner of Main Roads, provided that the period allowed such person to declare the fair original cost shall be twelve months from the date of the Commissioner's certificate of completion. (3.) If the fair original cost is not determined under When the aforesaI· d prOVI.SI.Ons WI· th· In t wo years 0 f the dat e 0 f aLpapnedalCloieusrtto the certificate of completion of the road traffic facility, the fair original cost shall be determined by the Land Court constituted under *" The Land Act of 1910," and its several amendments, on the application of the Governor in Council or the owner. For the purposes of every such determination, the powers, authorities, and jurisdiction conferred, imposed, and vested upon or in the Land Court shall be had, exercised, and performed by one member of the Land Court only; but the determination of such member shall be subject to appeal to the Land Appeal Court. The Land Court, and on appeal the Land Appeal Court, shall have jurisdiction to hear every such appeal, and for such purposes any necessary provisions of *" The Land Act of 1910" and its several amendments and any Rules of Court thereunder shall, so far as the same are applicable, extend to the hearing and determination of every such appeal, and any Rules of Court may, if necessary, be made in the manner in which Rules of Court are made under the Land Acts accordingly: Provided that the basis on which the Land Court (or on appeal the Land Appeal Court) shall determine the fair original cost shall be the basis as set down in subsection one of this section. * 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seq. (See Alphabetical Table of Acts.)

13932 TRAFFIC. Tolls on Privately Constructed Road, Etc., Act. 22 GEO. V. No. 14, Additionn:1 12. (1.) ~ f the owner proposes at any time during the c d o u n r ~ m tr g uc th tl e On franchise . p - eriod to construct ad . ditional works in the franchise nature of Improvements or extensIOns to the road traffic period. facility, or for the purpose of adding to the strength of the road traffic facility as originally constructed, he shall submit to the Commissioner of Main Roads, for approval, all plans and specifications in respect of or concerning such additional works. The owner shall also specify the manner in which It is proposed that the construction of such additional works is to be carried out, and if such construction is to be carried out by contract, the owner shall also submit for the approval of the Commissioner of Main Roads the terms and conditions of such contract. (2.) The Commissioner of Main Roads shall consider such plans, specifications, and contract submitted to him as aforesaid, and may in his absolute discretion approve of the same or reject the same or refer the same back to the owner for further consideration with any amendment deemed necessary by the Commissioner to be made therein. (3.) On the approval by the Commissioner of the said plans, specifications, and contract the Commissioner shall forward such approval for final approval to the Governor in Council, and the owner shall be notified accordingly of the Governor in Council's approval, which approval shall be signified by Order in Council. When such approval of the Governor in Council has been notified to the owner, the owner shall then proceed with the work, and shall complete the same in strict accordance with the plans, specifications, and contract as so approved. (4.) All the provisions of this Act relating to the duties, liabilities, and obligations of the owner to properly construct and maintain the road traffic facility and to keep the same fit and ready for public traffic, and the powers of the Commissioner of Main Roads to compel the owner to completely observe such duties, liabilities, and obligations shall extend and apply to all such additional works from and after the date of approval of the plans and specifications and contract hereinbefore mentioned, and such additional works shall be deemed to be part of the road traffic facility, and all terms and provisions of this Act shall apply thereto accordingly, and the" fair original cost" of such additional work shall be determined in the manner provided in section eleven of this Act, which provisions are hereby applied.

TRAFFIC. 13933 1931. Tolls on Privately Constructed Road, Etc., Act. (5.) If, in the opinion of the Commissioner of Main Roads, the additional works proposed by the owner are unnecessary (which opinion of the Commissioner shall be notified to the owner within one month after the sub- mission by the owner to the Commissioner of the plans and specifications concerned), or, if in the opinion of the Commissioner the additional works proposed are such that under the terms of this Act the owner could be compelled to carry out such works as maintenance works, then no account shall be taken of such additional works for the purpose of adding to the fair original cost of the road traffic facility as determined in the first place. The Commissioner of Main Roads shall decide all such matters, but in the event of dispute the matter shall be submitted to arbitration in accordance with the provisions of the *" Interdict Act of 1867." (6.) If at any time during the franchise period the road traffic facility or any portion or portions thereof shall be destroyed or damaged by act of God, the King's enemies, or in warlike operations in defence of the State, or in any riot or civil commotion or by any wanton act, and such damage or destruction has not arisen through any fault or neglect on the part of the owner or any of his servants and/or contractors in the design and/or construction and/or maintenance of the road traffic facility, or the portion or portions thereof so damaged or destroyed, the owner shall reconstruct the road traffic facility, or the portion or portions thereof so damaged or destroyed, and shall restore the road traffic facility to the same conditions as existed at the time of completion of the road traffic facility. All the provisions of this Act shall apply to the work of reconstruction as if such reconstruction work were additional works proposed to be constructed by the owner during the franchise period for the purpose of improving, extending, or adding to the original strength of the road traffic facility as hereinbefore provided. 13. (1.) Every person, without distinction, who is Right of ready and willing to pay and who pays the prescribed r p o e a rs d on tr t a o ffi u c se fee shall be entitled to use, subject to this Act, for the facility. purpose of passage, any road traffic facility constructed under this Act at all times, whether during the day or * 31 Vic. No. 11, supra, page 2387.

13934 TRAFFIC. Tolls on Privately Constrtlcteid Road, Etc., Act. 22 GEO. V. No.H, the night, during the period within which the owner is granted the right to levy and collect tolls under this Act. Owner not to (2.) The owner shall not make or give any undue or agpdirvevefaenuretnandgcueee. or uannryeapsaorntla. Cbul 1 earprce 1 faesrsen 0 cfetroarffaicd,voarntsaugbeJ· etcot oarnyinpfaarvtlo. Cuur 1 aorf person or class of persons, or any particular class of traffic, to any undue or unreasonable disadvantage in any respect whatsoever. The provisions of this section may be enforced by the Supreme Court, upon the application of any person aggrieved, by the issue of an injunction or other process according to the practice of the said Court : StroeeacdOtiosrudnebtrjoeicnbte sectio( 3n.) shParlol vbiederedadalawnadyscotnhsatrtuetdhesubprjeocvtistioonasnyofOrtdheisr Council. in Council issued under this Act setting out different rates for different classes of traffic, or any other special terms, provisions, conditions, and stipulations therein contained or to any by-law made pursuant to this Act. Duty of 14. (1.) The owner shall at all times during the ~ : : ~ a1~ and period within which he is granted the right to levy and keep road collect tolls in accordance with this Act maintain and ~ ~ Jl! ? a: ; for keep the road traffic facility fit and ready for public traffic. traffic. Power of (2.) The Commis~ ioner of Main Roads may at any sCioonmemr itso· t· Ime and from t· Ime t 0 t· Ime direct the owner t 0 carry rdtoeinreeccwatrarloysw, o& nuecrt. owuotrkssucahs rI.ennetw. healsC, ormemcol.SnSs. tIrOuncetri,osn, opam. n. IdO/norarmeainnetceensasnacrye to preserve the road traffic facility and to place or restore it to a safe and good trafficable condition. ! ~ ~ ceofany (3.) Notice of any such direction shall be served direction on the owner by the Commissioner or authorised officer ! ~ ~ e ~ : : : : of the Commissioner, and suc~ notice shall s~ ecify the renewals and/or reconstructIOn and/or mamtenance works which the Commissioner directs that the owner shall carry out, and such notice shall also specify the time within which the said renewals and/or works shall be carried out. Enthefefgelpcetcatrotofnof with ( a4.n)y I s f utchhe doiwrencetrionnegolfectthse, rCefoumsems, isosirofnaeilrs, tthoecoomwnpelyr docowirmencpetr l iyotonWo.fIhtm. shaCllopuan·yCllt,o mthaey, Cobmy m0isrsdieorneI.rnsuCcohusnuc i m l , apsretshcerl·Gbeov(eorrno if r t~ e Commis· no such sum is prescribed, then a sum not exceeding 'Iloner. fifty pounds), for every day during which the road traffic

TRAFFIC. 13935. 1931. Tolls on Privately Constructed Road, Etc., Act. facility remains or has remained, in the opinion of the Commissioner, in an unsafe or untrafficable condition, and such sums as aforesaid may be recovered as a debt due by the owner to the Commissioner in any court of competent jurisdiction by the Commissioner or authorised officer. (5.) Without in any wise limiting the operations of~ ommis. the provisions of this section hereinbefore set forth, the ~ ~ ~ e~ arry Commissioner, on the neglect, refusal, or failure by the out owner t 0 comp1y Wl' th any such directI' On of the'Comml. S- r&enc.e,wsoals' sioner as aforesaid, may, with such assistants as may be directed. necessary, enter upon the road traffic facility and any land, premises, or place used in or in connection therewith, and do all such things and take all such measures as may be necessary for carrying out by the Commissioner of the renewals and/or works as specified in such direction. (6.) The amount of any costs, charges, and expenses Recovery of incurred by the Commissioner in carrying out the ~ ~ ~ ~ ies and renewals and/or works as specified in such directionexpens~s. shall be recoverable from the owner by action in any -court of competent jurisdiction: Moreover, such amount as aforesaid until paid shall be and remain a charge upon the tolls levied and collected by the owner in respect of the road traffic facility concerned. 15. The owner shall in and about the construction Employment and maintenance of the road traffic facility give preference ~ ! sf~ ~ ~ ~ n~ in the employment of wages men to persons who, at Que~ nsland the time of application for employment, shall have~ ~ ~ ~ s. been resident in Queensland continuously for the preceding six months, and provided that suitable men so resident are available for such employment. 16. (1.) The Commissioner of Main Roads, or his Further authorised representative or officer, shall at all times, b~;~~s~f without hindrance or obstruction, be allowed to inspect sioner where any road traffic facility, and if the Commissioner is of ~~ ~ ~: ; affic the opinion that the road traffic facility, or any part of unsafe. the road traffic facility, is unsafe for traffic, he may, without prejudice to and without in any wise limiting any of his other powers under the Act, by notice in writing under his hand, direct that the continuance of traffic, or of any particular class or classes of traffic, on

13936 TRAFFIC. Tolls on Privately Constructeid Road, Etc., Act. 22 GEQ. V. No. 14, Penalty. the road traffic facility shall be prohibited until such time as he is satisfied the road traffic facility is safe and it for traffic or for any particular class or classes of traffic. (2.) If the owner neglects, refuses, or fails to obey such direction, the owner shall pay to the Commissioner such sum as the Governor in Council may by Order in Council prescribe (or if no such sum is prescribed, then a sum not exceeding fifty pounds) for every day during which such direction is not obeyed, and such sums as aforesaid may be recovered as a debt due by the owner to the Commissioner by the Commissioner or authorised officer in any court of competent jurisdiction. Owner to accept liability. 17. (1.) The owner shall accept all liability, if any, for any damage to the person or to property arising through any defect of the road traffic facility, notwith- standing that the road traffic facility shall have been certified by the Commissioner of Main Roads to be safe for all classes or for any particular class or classes of traffic. Crown or (2.) Neither the Crown, nor Governor in Council, ~ o~ ~ l' t nor the Commissioner of Main Roads, nor any body. n~ li~ ~ l~ for representing the Crown, nor any officer of the Public damages, &c. Service or the Crown, nor the Local Authority, nor any member or officer thereof shall be liable or responsible for any costs, damages, actions, losses, or any amounts howsoever arising out of any claims by members of the public in co~ ection with the road traffic facility. Owner (3.) For the purposes of this Act, and subject to its dheaevme ed to provisions, the owner shall be deemed to have the same liabilities of liabilities as a Local Authority if a Local Authority were LAoucthalority. the owner of the road traffic facility. Owner to. 18. The owner shall erect and keep erected such ~ ~e~ ~t: ~~ lCes notices of such a type and in such positions as the Commis- charges. sioner of Main Roads may direct, on which shall be printed the complete list of charges which traffic must pay for the right to traverse or use the road traffic· facility. Power to call 19. (1.) The Commissioner of Main Roads, acting ~~ o~ : s: n: ~ e on behalf of the Governor in Council, and with the exercise by approval of the Governor in Council, may at any time ! ~ : ~i~ :rt~f after the date fixed for that purpose by the Governor in levy and Council by Order in Council under this Act in respect of collect tolls. the authorisation of the owner to construct and maintain

TRAFFIC. 13937 1931. Tolls on Privately Constructed Road, Etc., Act. the road traffic facility concerned as provided in section six of this Act (and being the date after which the owner may be required by the Commissioner of Main Roads, on behalf of and with the authority of the Governor in Council, to cease to exercise his rights in connection with the road traffic facility concerned), by notice in writing, require the owner to cease to exercise his right to levy and collect tolls, and thereupon the owner's rights and possession of the site and the road traffic facility shall absolutely cease and determine: (2.) Provided always that the owner shall be entitled ~ ompensa­ to compensation in such amount as may be agreed tlOn. between the owner and the Commissioner of Main Roads, on behalf of and with the approval of the Governor in Council, and upon the following basis :- The owner shall be entitled to receive- (a) The fair original cost of the work, determined in the manner as prescribed in section eleven of this Act, less -sinking fund. The sinking fund shall be deemed to be the sum of the accumulations obtained by considering that at the end of each year during the portion of the franchise period that has elapsed at the date of the determina- tion of the right to levy and collect tolls the same amount is paid into a fund, and each such amount allowed to accumulate, with interest at four per centum per annum com- pounded yearly from the end of the year in which such equal annual amount js con- sidered as paid into the fund to the end of the portion of the franchise period that has elapsed at the date of the determination of the right to levy and collect tolls. The equal amounts aforesaid shall be such that if at the end of each year during the whole of the franchise period, one of such equal annual amounts is considered as paid into the fund, and each such equal annual amount is allowed to accumulate interest at four per centum per annum compounded yearly from the time it is considered as paid into the sinking fund until the end of the franchise period, the sum total of the accumulations would equal the fair original cost;

13938 TRAFFIC. Tolls on Privately Constructe,d Road, Etc., Act. 22 GEO. V. No. 14, ---- ~ - - - - - - - (b) Plus the amount or amounts by which a sum represented by a percentage of the fair original cost as determined at the commence- ment of the franchise period, and being the percentage prescribed by the Governor in Council, exceeds in each or any year during the period from the time of commencement of the franchise period to the date of deter- mination of the right to levy and collect tolls the dividends on the road traffic facility for that year or for those years, together with interest on each such excess aforesaid, at four per centum per annum compounded yearly from the middle of the year in which such excess arose to the date of the deter- mination of the right to levy and collect tolls: Provided that if in any year or any number of years during the period from the time of commencement of the franchise period to the date of determination of the right to levy and collect tolls, the sum represented by the prescribed percentage of the fair original cost is less than the dividend for that year or for those years, then the amount of such deficiency or deficiencies, together with interest on each such deficiency or deficiencies, at four per centum per annum, compounded yearly from the middle of the year in which such deficiency in each case arose, to the date of the determination of the right to levy and collect tolls shall be deducted from the amount obtained on the basis laid down in the last preceding paragraph: Provided further that if the amount to be deducted as aforesaid exceeds the amount to be added under the aforesaid first paragraph of paragraph (b), then in arriving at the amount of compensation the provisions of this paragraph (b) up to and including provision (vi.) hereunder shall be entirely neglected. For the purposes of this paragraph (b) the dividends for any year shall be taken to mean the total amount of tolls collected in that year, less- (i.) The cost of collecting the tolls during the year;

TRAFFIC. 1931. Tolls on Privately Oonstructed Road, EtC.., Act. (ii.) The cost of maintaining the road traffic facility during the year; (iii.) The amount of any inspection fees paid to the Commissioner of Main Roads during the year; (iv.) The amounts paid in taxation under any law of the Commonwealth or State during the year; (v.) Reasonable directors' fees and managerial charges during the year ; (vi.) The amount considered under this para- graph as being paid in each year into a sinking fund such that if one of such amounts is considered as paid into the sinking fund at the end of each year during the franchise period and allowed to accumulate with interest at four per centum per annum compounded yearly, the total of such accumulations would equal the fair original cost: Provided that where in pursuance of section twelve additional works as defined in that section have been constructed during the franchise period with the a.pproval of the Governor in Council, and the fair original cost of such additional works determined in the manner hereinbefore provided, the amount of compensation payable under paragraph (a) shall be deemed to mean the sum of the fair original cost of the works as originally con- structed, and the fair original cost of the additional works, less the sinking funds for-· (a) The fair original cost of the works as origin- ally constructed; and (b) The fair original cost of the additional works. The amount of the sinking fund in respect of the works as originally constructed shall be as hereinbefore defined, and the amount of the sinking fund in respect of the additional works shall be the sum of the accumulations obtained by considering that at the end of each year from the time of completion of such additional works to the date of determination of the right to levy and collect tolls, equal

13940 TRAFFIC. Tolls on Privately Constructeid Road, Etc., Act. 22 GEo. V. No. 14, annual amounts are considered as paid into a sinking fund and allowed to accumulate, with interest at four per centum per annum compounded yearly from the end of the year in which such equal annual amount is considered as paid into the sinking fund to the date of determination of the right to levy and collect tolls, such equal annual amount being such that if one of such amounts is considered as paid into the sinking fund at the end of each year from the date of the completion of the additional works to the end of the franchise period, and each such annual amount allowed to accumulate, with. interest at four per centum per annum compounded yearly from the time it is considered as paid into the fund until the end of the franchise period, the total of such accumulations would equal the fair original cost of such additional work. For the purposes of provision six of paragraph (b) aforesaid, if any additional works approved by the Governor in Council are constructed during the franchise period, the amount of any equal annual payments considered as being made towards the sinking fund in respect of such additional works shall be deducted from the total amount of tolls collected during the year for the purpose of ascertaining the dividends on the road traffic facility for that year. Where the franchise period has been expressed by the Governor in Council to depend upon the time of recoupment of a prescribed minimum average annual dividend together with the whole or a proportion of the fair original cost for the purpose of calculating the amount of any sinking fund required to be calculated under this section, .the franchise period shall be taken to be the definite number of years prescribed by the Governor in Council as the number of years which the franchise period shall not in any case exceed. There shall be submitted to the Com- missioner of Main Roads at the end of each 19 M co th b si o am sh o m le af m A G po an ex C be C an La an ar of ne Co (o the se M of Al

TRAF'FIC. 1931. Tolls on Privately Constructed Road, Etc., Act. year by the owner a full financial statement, duly audited and certified as correct, showing the affairs of the road traffic facility. In the event of the owner and the Commissioner of When Mal· n R oad S fal'1m' g t 0 agree upon t h e amount 0 f th' IS msuabtmteirttetod btoe compensation, or the Governor in Council not approving arbitration. the Commissioner's decision, the compensation claim shall be referred to arbitration in accordance with the provi- sions of the *"Interdict Act of 1867." For the purposes of arbitration, the above basis of determination of the amount of compensation shall be adopted and a decision shall be given which shall be binding upon both the owner and the Governor in Council, within twelve months from the date of determination of the right to levy tolls, and, failing such decision within the time aforesaid, the amount of compensation shall be deter- mined by the Land Court constituted under t"The Land Acts, 1910 to 1929," on the application of either the Governor in Council or the owner. For the purposes of every such determination, the powers, authorities, and jurisdiction conferred, imposed, and vested upon or in the Land Court shall be had, exercised, and performed by one member of the Land Court only; but the determination of such member shall be subject to appeal to the Land Appeal Court. The Land Court, and on appeal the Land Appea1 Court, shall have jurisdiction to hear every such appeal, and for such purposes any necessary provisions of t"The Land Act of 1910" and its several amendments, and any Rules of Court thereunder shall, so far as the same are applicable, extend to the hearing and determination of every such appeal, and any Rules of Court may, if necessary, be made in the manner in which Rules of Court are made under the Land Acts accordingly: Provided that the basis on which the Land Court (or on appeal the Land Appeal Court) shall determine the fair original costs shall be the basis as set down in this section: Provided that in the event of the Commissioner of Vote of Main Roads, acting on behalf of and with the approval ~ o~ ~ l 't of the Governor in Council, exercising his powers under el~ cto~ : l. y ------ -- -- -------------- * 31 Vic. No. 11, supra, page 2387. t 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et 8eq. (See Alphabetical Table of Acts.)

13942 TRAFFIC. Tolls on Privately Constructed Road, Etc., Act. 22 GEo. V. No. 14, this section, neither the whole nor a portion of the amounts to be paid to the owner by way of compensation shall be charged against any Local Authority unless before the exercise of such powers by the Commissioner of Main Roads a majority of the voters of such Local Authority entitled to vote for the election of aldermen or councillors at any election of the Local Authority under the laws for the time being in force voted at a poll to be held for the purpose that such Local Authority should be charged with the whole or portion of the amount of such compensation. Duty of 20. The owner shall completely construct or cause o co w n n s e tr r u a c s tio to n. ttohebwe hcoomlepolfettehley rcooandsttrruafcftiecdf,arceialdityy fwoirthpiunbtlhicetpraefrfiiocd, prescribed by the Governor in Council by ' Order in Council under this Act, and conclusive evidence of the date on which the road traffic facility is ready for public traffic shall be the date certified by the Commissioner of Main Roads as hereinbef ore provided. Failure of owner to have road traffic facility ready within the specified time. In the event of the owner's failing to have the road traffic facility ready for traffic within the time aforesaid, the owner shall pay to the Commissioner of Main Roads such sums per day for every day after the expiration of the aforesaid date during which the road traffic facility is not ready for traffic as the Governor in Council may by Order in Council have prescribed (or if such sum is not so prescribed, then a sum not exceeding fifty pounds per day for every day after the expiration of the aforesaid date during which the road traffic facility is not ready for traffic), and such amounts may be recovered as a debt due by the owner to the Commissioner by the Commis- sioner or authorised officer in any court of competent jurisdiction; or alternatively the Governor in Council may by Order in Council reduce the amount of the franchise period by the period that the actual time of construction exceeds the period prescribed by the Governor in Council for the completion of the road traffic facility: Provided that the Governor in Council, if satisfied that any delay in construction has arisen through causes beyond the owner's control, notwithstanding that the period allowed for the construction of the road traffic facility has been fixed by Order in Council, may by a further Order in Council grant such reasonable extension of time as he thinks fit. 1 o o w d m a 1 o to c a a a n b o ap o th E Q th co 19 no to co ha to af un ap co no En th Bo se sa

TRAFFIC. 13943 1931. ToUs on Privately Constructed Road, Etc., Act. 21. In the event of the owner objecting to a decision Objection by of the Commissioner of Main Roads, and provided such ~ : ci: fo! O of objection is lodged with the Commissioner of Main Roads C: ommis- within three months of the date of his declaration, 1!l1Oner. decision, or order, and is not frivolous or vexatious, the matter of such objection shall be referred to arbitration according to the provisIOns of the *" Interdict Act of 1867": Provided always that any decision, declaration, or order of the Commissioner of Main Roads pertaining to the certificate of completion, plans, specifications, construction of the road traffic facility. safety of traffic, and the maintenance of the road traffic facility shall be accepted as final and conclusive by the owner, and from any such decision, declaration, or order there shall be no appeal: Provided that notwithstanding anything herein- 'before contained, if such objection as aforesaid by the owner relates to any decision, declaration, or order appertaining to the construction and/or maintenance of the road traffic facility, the Commissioner shall refer the matter for determination to either the Professor of Engineering for the time being in the University of Queensland, or to an engineer to be nominated by the Board of Professional Engineers of Queensland, constituted by t" The Professional Engineers Act of 1929," in accordance with the election of the owner as notified in the Order in Council authorising the owner to construct and maintain the road traffic facility concerned under this Act : Provided that if the owner concerned shall elect to have the matters aforesaid determined by an engineer to be nominated by the Board of Professional Engineers aforesaid, such nomination shall be deemed to continue until the Board of Professional Engineers on the application of either the Commissioner or the owner concerned in its absolute discretion withdraws such nomination, in which case the Board of Professional Engineers may nominate another engineer who shall then be deemed to be the engineer nominated by the Board of Professional Engineers for the purposes of this section. In the determination of any such objection afore- said, the Professor of Engineering or the engineer * 31 Vic. No. Il, 8upra, page 2387. t 20 Geo. V. No. 30, 8upra, page 124(;6.

13944 TR.AFFIC. Tolls on Privately Constructeld Road, Etc., Act. 22 Goo. V. No. 14, nominated by the Board of Professional Engine!frs (as the case may be) shall have the powers, authorities, and protection of a Commission under *"The Official Inquiries Evidence Acts, 1910 to 1929." Such determination of the Professor of Engineering or the engineer nominated as aforesaid (as the case may be) shall be final and conclusive and without appeal to any tribunal whatever, and shall be binding on the Commissioner and the owner and on all persons concerned. The fee payable to the Professor of Engineering or the engineer nominated as aforesaid (as the case may be) shall be as prescribed, and shall be payable by such person as shall be named in the determination of the Professor of Engineering or engineer nominated as aforesaid (as the case may be). Further 22. In the event of the owner neglecting, refusing, provisions in or failing to observe and to carry out all or any of the rneesgpleecctt,o&fc. , prOVI • SI . OnS 0 f t hI' S Act, t he Governor I.n COUllCl1may, on t he of owner. recommendation of the Commissioner of Main Roads, by Order in Council published III the Government Gazette- (a) Declare the whole or any portion of the deposits lodged by the owner to be forfeited to the Crown, and such deposits shall be forfeited accordingly ; and/or (b) Declare the owner's rights to levy and collect tolls to be cancelled, and may empower the Commissioner of Main Roads to levy and collect tolls on behalf of the Governor in Council until such times as the nett amount so levied and collected is sufficient, in the opinion of the Commissioner of Main Roads, to reimburse the Governor in Council or the Commissioner of Main Roads any sums which are owing to the Governor in Council or the Commissioner of Main Roads by the owner, and/or any expense incurred by the Governor in Council or the Commissioner of Main Roads on account of the failure or neglect on the part of the owner. * 1 Geo. V. No. 26 and 20 Geo. V. No. 2, supra, pages 748 and 12474.

TRAF'FIC, 13945 1931. Tolls o"n Privately Oonstructed Road, Etc" Act, 23. With the consent of the Governor in Council, but Power to not oth erwl'seh, t e owner 0 f a road t raffic faC' llI' ty may, trriganhstsf,er& c" from time to time, assign or transfer to any other with I f person a 11 hI' S rI'ghts, powers, I l ' abil 1 'tl' eS, du. 4 · - l ' eS, and aGpopvreorvnaor 0 in obligations under this Act. Upon every such iramtfer orCouncil. assignment, the assignee or transferee shall have the same rights and powers, and shall be subject to the same liabilities, duties, and obligations as the owner, and shall, from and after the date of such assignment or transfer, be deemed to be the owner of such· road traffic facility in the place of the previous owner. 24. The area of land occupied by or used in Area of land connection with any road traffic facility where such ~ ~ : e: ~ l: e land has been acquired pursuant to the provisions of land, section nine of this Act shall not be taken to be rateable land within the meaning of any Act whatso- ever defining rateable land. 25. (1.) It shall be the duty of the Governor in Gover~ or in Council at the time of authorisation of any person to ~ ~ ~ ~ : to construct and maintain a road traffic facility under this limits in A C t , t 0 prescr! 'be, by 0 rder I'nCounCl 'I • t~ h e ll' ml' ts I.n dreisstpaenccteoofr respect of distance or area within which no further road areas, traffie facility shall be authorised by the Governor III Council under this Act except as is hereinafter provided. (2.) Before the Governor in Council authorises Power of , under this Act the construction of any road traffic g~ ~ ~ ~ o~ ~ n facility in such a position or place or situation within subm~ t such limits as referred to in subsectIOn one of this section i: :~t~~~ ~! that it may seriously affect the returns from any road facility to traffic facility previously constructed under this Act, he Board. shall submit the question of whether the additionalroarl traffic facility should be constructed to a Board of three members (called the Road Traffic Facilities Board, herein- after referred to as "the Board"), to be appointed by the Governor in Council, composed of the Commissioner of Main Roads, who shall be ex officio a member and chairman of the Board, a member who shall be repre- sentative of the owners of any existing road traffic facilities previously constructed under this Act whose interests, in the opinion of the Commissioner of Main Roads, may be affected by the construction of the additional road traffic facility, and a member to be appointed by the Governor in Council. Ml

13946 TRAFFIC. Tolls on Privately Constructed, Road, Etc., Act. 22 GEO. V. No. 14, Functions (3.) The Board shall take into consideration the aonf dBopaorwde. rs adnemd aifnidtsiosfopfutbhleicotprainffiiocnatnhdatthaenpyubadlidciitniotenraelsrtogaednetrraaflflyic, facility is required in the public interest and that such additional road traffic facility will seriously affect a road traffic facility or road traffic facilities already constructed under this Act, it shall proceed to determine to what extent each road traffic facility already constructed under this Act will be affected as an earning project, and the amounts by which, the nett income of each such road traffic facility will fall below an amount sufficient, in the opinion of the Board, having regard to the nature and position of each such road traffic fa.cility and all the circumstances, to return the owner thereof a reasonable amount per annum on the fair original cost of such road traffic facility. The present value of this difference at four per centum compound interest taken over the remainder of the franchise period shall be assessed by the Board for each road traffic facilitv affected, and this amount shall be paid to the owner of the road traffic facility so affected, by the proposers of the additional road traffic facility, as compensation before the construction of the additional road traffic facility may be authorised by the Governor in Council. For the purpose of computing the amount of the difference aforesaid, where the franchise period has been expressed by the Governor in Council to depend upon the time of recoupment of a prescribed minimum average annual dividend, together with the whole or a proportion of the fair original cost, the franchise period shall be taken to be the definite number of years prescribed by the Governor in Council as the number of years which the franchise period shall not in any case exceed. Power of (4.) If the Commissioner of Main Roads or any Local souwbnmeritto Authority or other body proposes to construct any question to bridge on, across, or over any inland or any coastal Board. waters in the State of Queensland within such limits as referred to in subsection one of this section that it may seriously affect the returns from any existing road traffic facility constructed under this Act, the owner thereof may require that the question of whether such proposed bridge will seriously affect his road traffic facility be submitted to the Board, which shall have full power to hear and determine the matter, and to assess an amount of compensation to be paid by

TRAFFIC. 13947 1931. Tolls on Privately Oonstructed Rood, Etc., Act. the Commissioner, Local Authority, or other body, as the case may be, if it decides to proceed with the construction of its bridge, as if such bridge were a road traffic facility proposed to be authorised by the Governor in Council under this Act under similar conditions. (5.) Notwithstanding anything herein contained, the Special Governor in Council may authorise the construction and pr~ vision maintenance under this Act of one road traffic facility ~ ~ id~ es over across the Brisbane River within half a mile of the Albert :.e Brisbane Railway Bridge, and another between the Victoria Iver. .Bridge and a line parallel to and a quarter of a mile below the line joining the river ends of Wellington road and Sydney street, in the City of :Brisbane, and the owner of either of these road traffic facilities shall have no claim to compensation from the owner of the other, irrespective of which road traffic facility is constructed first, and the owner of any other road traffic facility which shall have been previously constructed under this Act in another locality shall have no claim for compen- sation against the owner of either of these two road traffic facilities, and the Board shall have no jurisdiction to hear or determine any matter arising out of the authorisation by the Governor in Council of either or both of these two road traffic facilities. (6.) If the Local Authority or any other body Further proposes to construct one or both of the road traffic provisions faC' llI' t l ' eS WI' thI' n the ll' ml' ts her81. n descn'bed, the Board ajusrtisodliicmtiiotnof shall have no jurisdiction to inquire into any question of Board. arising out of such proposal on the part of the Local Authority or other body, unless the Governor in Council shall have previously authorised under this Act the construction and maintenance of one or both of these road traffic facilities within the limits herein described and the proposal of the Local Authority or other body is to construct a further road traffic facility within the same limits, (7,) Notwithstanding anything herein contained, if Road traffic the Governor in Council authorises under this Act the facility construction of a road traffic facility across Tingalpa ; ~ ~ ~ s: lpa Creek at Lota, the Board shall have no jurisdiction Creek. to hear or determine any matter arising out of the authorisation by the Governor in Council of the construction of a further road traffic facility or further road traffic facilities under this Act across Tingalpa

13948 'l'RAFFIC. Tolls on Privately Oonstructed Roa,d, Etc., Act. 22 GEO. V. No. 14, Creek, unless such road traffic facility or facilities is or are proposed to be authorised to be constructed within one mile of the road traffic facility across Tingalpa Creek first authorised by the Governor in Council under this Act, in which case the Board shall have full power to hear and determine the questions of compensation as herein provided. Furt~ , : r ( 8~ ) In exercising its functions under this section, tporOBVoiSaiOrdn. s as tmhaeyB I • o II a . rIdtsshoaplilnhioanvebfeulnl epcoewssearrytothoeaernasbulceh I. etvitdoenacrreI. vaes at a correct decision, and the owner of any road traffic facility constructed under this Act shall, if required so to do by the Board, make a full disclosure to the Board of all matters concerning such road traffic facility as the Board may require. Provisions (9.) Notwithstanding anything herein contained, t & noo c t . b , rtoi? fdgaep, Ply tbhr' Iedgper, ov V i I . s a idouncst,oforthoitshesrewctoirokns swhhaalltsnooevt ear ppprloypotsoedanayt 1' C: omm any time to be constructed and/or maintained by the R~ ~ : - a; : ' Commissioner for Railways, and the Board shall have no jurisdiction whatsoever to hear or determine any matter arising out of the construction and/or maintenance, or the proposed construction and/or maintenance, of any bridge, viaduct, or any other works whatsoever by the Commissioner for Railways. For the purposes of this Act, the Board or any member thereof shall be deemed to be a Commission within the meaning of *"The Official Inquiries Evidence Acts, 19lO to 1929," and all the powers, authorities, and protection afforded by that Act shall apply and extend to the Board or to any member thereof accordingly. O o ri w gn n h e tcs r e, ' s s sreoradof the o 2 w 6 n . eAr, tasthneoteifxipeidrabtiyonOrodferthine pCeoruinocdil gurnadneterdthtios traffic Act, during which he is authorised to construct and fbaecciolimtye to thereafter maintain, and to levy and collect tolls on a property of road traffic facility, all the owner's rights shall cease and Crown. determine, unless they have at an earlier date ceased and determined as. hereinbefore provided under the provisions of this Act, and the owner shall deliver up possession of the road traffic facility and any land used by the owner in connection therewith (the possession of * 1 Geo. V. No. 26 and 20 Geo. V. No. 2, 8upra, pages 748 and 12474.

TRAB'FIC. 13949 1931. Tolls on Privately Constnlcted Road, Etc., Act. which land has been given to the owner pursuant to the provisions of this Act) to the Governor in Council, and all movable property of the owner which has been used on the site as furnishing, fittings, machinery (being machinery used in operating the road traffic facility during the franchise period for the collection of tolls, or machinery used in the maintenance of the road traffic facility during the franchise period, and in both cases the value thereof being either included in the fair original cost or purchased from revenue derived from tolls)., chattels, and appurtenances of the road traffic facility by the owner shall become absolutely the property of His Majesty, and the owner shall not be entitled to any compensation whatsoever. 27. (1.) The Governor in Council shall not have Provisions. authority to require any joint Local Authority or Local ~~a~ t~ : ~ ~ ng Authority or Local Authorities to assume the responsi- facility in bility for the control, maintenance, and management of ~ ~ ~ ~ ~ rity. any road traffic facility at the expiration of the franchise period for that road traffic facility or at any time of determination of the rights of the owner to levy and collect tolls on the road traffic facility concerned under the provisions of this Act unless such joint Local Authority or Local Authority or Local Authorities in the area or areas of which such road traffic facility is situated agrees or agree to the control, maintenance, and management of such road traffic facility being vested in the joint Local Authority or Local Authority or Local Authorities concerned. (2.) If the joint Local Authority or Local Authority or Local Authorities concerned does or do not agree as aforesaid the Commissioner of Main Roads, on behalf of the Governor in Council; may levy and collect tolls on the road traffic facility concerned until such time as the joint Local Authority or Local Authority or Local Authorities, as the case may be, is or are willing to accept the control, maintenance, and management of the road traffic facility concerned, or until such time as may be directed by the Governor in Council. (3 ) When a joint Local Authority or Local Authority or Local Authorities concerned agrees or agree to accept the control, maintenance, and management of a road traffic facility situated in the area or areas of such joint Local Authority or Local Authority or Local Authorities, the exact terms of such agreement shall be as arranged

13950 TRAFFIC. Tolls on Privately ConstnlCted Road, Etc., Act. 22 GEO. V. No. 14, between the Commissioner of Main Roads on behalf of the Governor in Council and the joint Local Authority or Local Authority or Local Authorities concerned: Provided that nothing herein contained shall give any joint Local Authority or Local Authority or Local Authorities power to agree to such joint Local Authority or Local Authority or Local Authorities being charged with the whole or a portion of the compensation payable if a road traffic facility situated in the area or areas of such joint Local Authority or Local Authority or Local Authorities is acquired by the Governor in Council under section nineteen of this Act, but such matter shall be decided as provided in the said section nineteen of this Act. ~ ommis- 28. The Commissioner of Main Roads may, for the ! ~ ~ ; ~ r~ :Y purpose of this Act, authorise such survey work and survey work, boring and the compilation of such information and &c. statistics as, in his opinion, may be necessary to enable him to report on any proposal for a road traffic facility, and he may prepare all such plans and specifications as may be necessary, in his opinion, to acquaint persons desirous of submitting proposals for road traffic facilities with the requirements as to standards of design, construction, and workmanship which will be required to be observed by the owner of a road traffic facility. Moneys from 29. All sums collected from the owner 'or from any P&enaltties, t other person by way of proceedings or otherwise under Mca.i,n R 0 ogaodso t h I ' S A ct, or any by-laws made thereunder, s h a 11 b e Fund. paid into the Main Roads Fund, and the Commissioner of Main Roads is authorised by this Act to utilise the moneys of the Main Roads Fund for the purpose of defraying any expenses incurred by him in carrying out his duties under this Act. Require- ments of design of road traffic facility. 30. The design of any road traffic facility shall make provision for the accommodation thereon of such public utilities (such as gas and water pipes, telephone, telegraph, electric light and power cables, and tram tracks) as the Commissioner of Main Roads may direct at any time before the approval by him of the plans of such road traffic facility: Provided that the owner shall not be required to bear any of the expense of laying or placing or maintaining any of the above public utilities, and the same shall be laid or placed so as not to

TRAPFIC. 13951 1931. Tolls on Privately Oonstructed Road, Etc., Act. damage or injure the road traffic facility in any way, and in all cases to the satisfaction of the Commissioner of Main Roads: Provided further, and notwithstanding any Act to the contrary, that when the design of a road traffic facility has made provision for the laying or placing thereon of a public utility as aforesaid, the owner of such road traffic facility shall be entitled to payment from the owner of the public utility for the right to place or lay such public utility on the road traffic facility, in such amounts as may be agreed between the owner of the road traffic facility concerned and the owner of the public utility concerned, or failing such agreement, in such amounts as may be determined by the Commissioner of Main Roads on application by either the owner of the road traffic facility concerned or the owner of the public utility concerned. If the road traffic facility is in any way injured by the laying or placing of any of the above public utilities, or if the presence of the same causes damage or injury to the road traffic facility, the owner of the road traffic facility shall be entitled to claim the amounts of such damage or injury from the owner of the public utility which has caused the damage or injury aforesaid. 31. If the owner of a road traffic facility shall Insolv~ncy become insolvent or bankrupt, or shall make any ~ ~ ~ ~ ; ~ f arrangement for liquidation of his affairs or for owner. composition with his creditors, or shall make an assignment of his estate for the benefit of his creditors, the Governor in Council may, by Order in Council published in the Government Gazette, direct the Commissioner of Main Roads to take possession of the road traffic facility, and if the same shall be at the time completed and carrying public traffic the Commissioner of Main Roads shall levy and collect the tolls on the road traffic facility as if he were the owner thereof under this Act, and all amounts remaining after defraying expenses of collection, maintenance, and any other charges connected with the road traffic facility, and after deducting ten per centum of the annual amount collected, which shall be paid annually into the Main Roads Fund, shall be made available to the creditors of the owner, in accordance with the laws in force relating to insolvent persons.

13952 By.laws. TRAFFIC. Tolls on Privately Constructed Road, Etc., Act. 22 GEO. V. No. 14, If at the time of such happening the road traffic facility shall be uncompleted, the Commissioner of Main Roads shall sell the same, and all sums received from the sale, less the amount of any expenses incurred by the Commissioner in connection with the road traffic facility for the sale or any attempted sale thereof, shall be made available to the creditors of the owner, in accordance with the laws in force relating to insolvent persons, and if the Commissioner is unable to sell the uncompleted road traffic facility for an amount representing, in his opinion, the reasonable value of the works, he may, with the approval of the Governor in Council, and on payment to the representative of the creditors of such sum as shall represent a reasonable value of the uncompleted works, take over the works and complete them, and thereafter may levy and collect tolls on the completed road traffic facilitv in such amounts and for such period as the Gover~or in Council may determine: Provided that if the owner or his reprE'sentative shall refund the Com- missioner of Main Roads all amounts spent by him in connection with the road traffic facility, together with five per centum per annum interest compounded yearly on such amounts, then the owner or his representative sball be given possession of the road traffie facility, and shall then become the owner under this Act until the original time of expiration of the franchise period: Provided further tbat if the representative of the insolvent is unwIlling to complete the works, and if the Commissioner of Main Roads is unable to sell the uncompleted work in respect of the road traffic fa"I1ity, and if the Governor in Coun::il does not approve of the Commissioner of Main Roads completing the road traffic facility and levying and collecting tolls thereon, the uncompleted works shall vest in the Crown absolutely, and the owner or his representative shall not be entitled to any compenRation whatsoever: Provided that nothing hereinbefore contaiped in this section shall prejudice or otherwise affect the pro~ visions of the * Bankruptcy Acts 1924 to 1929 of t,he Commonw~ ea1th. 32. The Governor in Council may make by-laws for all or any of the following purposes :- (a) The protection of any road traffic facility from trespass, injury, misuse, or damage; * Commonwealth Acts No. 37 of 1924, No. 3 of 1927, No. 39 of 1928, and No. 28 of 1929.

TRAFFIC. 1931. Tolls on Privately Constnlcted Road, Etc., Act. (b) Regulating traffic of any or every description upon any road traffic facility; (c) Permanently or temporarily prohibiting any class or classes of traffic upon any road traffic facility, either absolutely or during any specified hours, or permitting such traffic only upon any specified terms and conditions; (d) The prevention and suppression of nuisances and disorderly and objectionable conduct upon any road traffic facility, and the removal from the road traffic facility of any person committing any nuisance, or refusing to pay the lawful amount of toll, or behaving thereon in a disorderly or objectionable manner; (e) Imposing penalties not exceeding fifty pounds for any breach of a by-law; (f) Providing that any road traffic facility, or any part thereof, shall be a public place within the meaning and for the purposes of any Act conferring or imposing upon members of the Police Force powers or duties with respect to public places, or providing for the punishment of offences committed in public places; (g) Constituting any road traffic facility a traffic district for the purposes of " The Traffic Acts, 1905 to 1928," or including [my road traffic facility in any traffic district constituted under the provisions of the said Acts; (h) Providing specially for speed limits to be observed by traffic using the road traffic facility; (i) Generally for such purposes as the Governor in Council shall deem necessary and con- venient for the safe, proper, and orderly use of the road traffic facility by the public; (j) Restricting the weight of loads to be carried on any road traffic facility; (k) The business and proceedings of the Board and the appointment and duties of the secretary or other officer of the Board; (1) Any other matter or thing required or permitted to be prescribed. 13953

13954 TRAFFIC. Heavy Vehicles Acts Amendment Act. 22 GEO. V. No. 38, All such by-laws shall be published in the Government Gazette, and from and after the date of publication shall have the force of law and shall be deemed to have been incorporated in this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. Such by-laws may be varied for different road traffic facilities. Recoverv 33. Except where otherwise in this Act is expres~ly ogef npeernaalllyti. es provided, proceedings for the recovery of any penalty may be had and taken by complaint in a summary way under *"The .Justices Ar:ts, 1886 to 1929." 22 GEO. v. An Act to Amend "The Rea vy Veh~ cles Acts, 1925 No. 38. THE HEAVY t 0 1929'" In certal . n partl . Cu 1 ars. VEHICLES ACTS AMENDMENT [ASSENTED TO 24TH DEOEMBER, 1931.] ACT OF 1931. BE 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:- Short title. 1. This Act may be cited as "The Heavy Vehicles Acts Amendment Act of 1931," and shall be read as one with *"The Heavy Vehicles Acts, 1925 to 1929," herein referred to as the Principal Act. The Principal Act and this Act may collectively be referred to as "The Heavy Vehicles Acts, 1925 to 1931." Amendments of the Principal Act. Amendment 2. Section two of the Principal Act is amended as of s. 2. follows :_ Heavy vehicle. (a) The definition of "heavy vehicle" is repealed and the following definition is inserted in lieu thereof. namely:- " "Heavy vehicle" shall mean any vehicle whatsoever propelled or drawn by mechanical means used or let or intended to be used or * 50 Vic. No. 17 and amending Acts, 8upra, pages 1132 et 8eg. (See Alphabetical Table of Acts.) * 16 Geo. V. No. 22 and 20 Geo. V. No. 13, 8upra, pages 11499 and 12792.