LOCAL GOVERNMENT (AMENDMENT) ACT. Act No. 33, 1927.
An Act to extend the franchise in local government areas; and for this and other purposes to amend the Local Government Act, 1919, and certain other A c t s ; to validate certain notifications, proclamations, and certain other m a t t e r s : to repeal the Municipal District of Wrightville Naming Act of 1902 ; and for purposes connected therewith. [Assented to, 21st March, 1927.]
E it enacted by die Ling';., .Most Excellent Majesty. by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows : 1 . This Act may be cited as the " Local Government, (Amendment) Act, 1927," and shall be read and construed with the Local Government Act, 1919, and any Acts amending the same.

B

The

T h e L o c a l G o v e r n m e n t A c t , 1919, as so a m e n d e d is in this A c t called t h e P r i n c i p a l A c t . 2. P a r t follows :-- I of the Principal Act is a m e n d e d as

(a) b y o m i t t i n g from section four t h e definition of "Minister" ; (b) b y o m i t t i n g from t h e definition in section four of " Subdivision, subdivide, a n d similar e x p r e s  sions," t h e words " n o t b e i n g lots or p o r t i o n s in a C r o w n or p r i v a t e subdivision m a d e before or after t h e c o m m e n c e m e n t of t h i s A c t " ; a n d b y i n s e r t i n g a t t h e e n d of t h e s a m e definition t h e following n e w p a r a g r a p h s :-- " or (c) a n y division of l a n d u p o n disposal b y t h e C r o w n m a d e e i t h e r before or after t h e c o m m e n c e m e n t of t h i s A c t ; or (d) a n y division of land in accordance w i t h t h e b o u n d a r i e s of lots in a n y subdivision lawfully m a d e cither before or after t h e c o m m e n c e m e n t of t h i s A c t . " (c) b v o m i t t i n g from section t e n t h e words " H e i g h t of B u i l d i n g s A c t , 1 9 1 2 , " " W e i g h t s a n d Measures Act, 1916," and " Metropolitan "Water a n d Sewerage A c t of 1 8 8 0 , " a n d b y i n s e r t i n g i n lieu thereof respectively t h e words " H e i g h t of B u i l d i n g s ( M e t r o p o l i t a n Police District) A c t , 1 9 1 2 , " " W e i g h t s a n d Measures Act, 1915," and " Metropolitan "Water, Sewerage, a n d D r a i n a g e A c t , 1924 " ; (d) b y i n s e r t i n g in t h e s a m e section after t h e words " ' t h e L i q u o r A c t , 1 9 1 2 , " -- " t h e Explosives Act, 1905, the Inflammable Liquid Act, 1915." 3. (1) P a r t I I I of t h e P r i n c i p a l A c t is a m e n d e d as follows :-- (a) I n section s i x t e e n -- (i) by i n s e r t i n g a t t h e e n d of p a r a g r a p h (a) t h e following w o r d s : -- " o r w h e r e t h e p a r t t a k e n is in t h e W e s t e r n Division, w i t h o u t a d d i n g it to a n o t h e r area " ; (ii)

(ii) b y i n s e r t i n g in p a r a g r a p h (e) after t h e word " a r e a s " t h e words " o r areas a n d p a r t s of a r e a s . " ; (b) i n section n i n e t e e n b y o m i t t i n g p a r a g r a p h (c) of subsection one a n d i n s e r t i n g a n e w p a r a  g r a p h as follows:-- (c) i n a case w h e r e p a r t of a n area is proposed t o b e separated from one a n d a t t a c h e d t o a n o t h e r a r e a or is proposed t o b e c r e a t e d a s e p a r a t e a r e a -- b y fifty electors of t h a t p a r t or b y a n y n u m b e r of electors n o t less t h a n o n e - t h i r d of those enrolled in r e s p e c t of l a n d s i t u a t e d i n t h a t p a r t ; or (c) (i) b y i n s e r t i n g i n subsection (1 A ) of section t w e n t y after t h e words " n o t w i t h i n a n a r e a . " t h e l e t t e r a n d words " o r (c) t a k i n g l a n d from a n y one or m o r e areas for t h e p u r p o s e of constituting, s u c h l a n d a s e p a r a t e shire or m u n i c i p a l i t y " ; (ii) b y o m i t t i n g from s u b s e c t i o n t w o of t h e same- section t h e w o r d s " W h e r e l a n d is t a k e n from one a r e a a n d a d d e d to a n o t h e r " a n d i n s e r t i n g t h e following words i n lieu thereof : -- " W h e r e i t is proposed t o exercise t h e powers of p a r a g r a p h s (a), ( b ) , (e), or (f) of section s i x t e e n a n d w h e r e t h e powers of p a r a g r a p h s (c) o r (d) of' section sixteen h a v e b e e n exercised, t h e following provisions of t h i s section shall h a v e effect : P r o v i d e d t h a t w h e r e i t is proposed to exercise t h e powers of p a r a g r a p h s (a) or (b) or (f) of section s i x t e e n " ; (iii) b y o m i t t i n g subsection t h r e e ; (iv) b y o m i t t i n g from subsection five t h e words " d o n o t c o n f e r ' or' c a n n o t a g r e e " a n d i n s e r t i n g t h e words " h a v e n o t a g r e e d w i t h i n a period of t h r e e m o n t h s from t h e date of the Minister's requisition" ; (v)

(v) b y o m i t t i n g from s u b s e c t i o n six t h e w o r d s " a n d t h e i r creditors " a n d by i n s e r t i n g in lieu thereof t h e words " or t h e councils a n d t h e i r creditors (if a n y ) " ; (vi) b y o m i t t i n g from subsections six a n d seven of section t w e n t y t h e words " i n t h e G o v e r n o r ' s p r o c l a m a t i o n " a n d by i n s e r t i n g in lieu thereof t h e w o r d s " in a p r o c l a m a  tion"; (vii) by o m i t t i n g subsection twelve of section t w e n t y a n d by i n s e r t i n g in lieu thereof t h e following n e w subsection :-- (12) (a) W h e r e t h e r e is a c o n t r a c t or a g r e e m e n t in e x i s t e n c e b e t w e e n t h e c o u n c i l a n d a n y p e r s o n r e l a t i n g to t h e performance of a w o r k or service or t h e g r a n t i n g of a p r i v i l e g e t h r o u g h o u t t h e w h o l e or p a r t of a m u n i c i p a l i t y or shire, a n d a n y a l t e r a t i o n of t h e area is m a d e u n d e r t h i s P a r t t h e following provisions shall h a v e effect a s from t h e d a t e of t h e a l t e r a t i o n :-- (i) W h e r e a n y p o r t i o n of t h e area e m  b r a c e d b y t h e c o n t r a c t or a g r e e m e n t is t a k e n from t h e area of a council w h i c h is a p a r t y to t h e c o n t r a c t or a g r e e m e n t a n d a d d e d to t h e area of a n o t h e r council, or c o n s t i t u t e d a s e p a r a t e shire or m u n i c i p a l i t y , t h e d u t i e s , r i g h t s , privileges, a n d liabilities of s u c h firstm e n t i o n e d council u n d e r s u c h c o n t r a c t or a g r e e m e n t shall be l i m i t e d t o t h e l a n d w h i c h is w i t h i n its area a n d is e m b r a c e d b y t h e c o n t r a c t or agree m e n t ; while t h e c o r r e s p o n d i n g duties, r i g h t s , privileges, a n d liabilities u n d e r t h e c o n t r a c t or a g r e e m e n t so far as t h e y relate to t h e portion of t h e area e m b r a c e d by t h e c o n t r a c t or a g r e e m e n t a n d added to t h e area of a n o t h e r council or c o n s t i t u t e d a s e p a r a t e shire or m u n i c i p a l i t y shall a p p l y t o and

a n d in respect of t h e o t h e r council or t h e c o u n c i l of t h e new area as t h e case m a y b e . (ii) Where by dividing or u n i t i n g areas or p a r t s t h e a r e a of a c o u n c i l w h i c h is a p a r t y to t h e c o n t r a c t or a g r e e m e n t is abolished a n d a n e w a r e a or areas a r e c o n s t i t u t e d , t h e duties, r i g h t s , privi leges, a n d liabilities of s u c h firstm e n t i o n e d council shall a p p l y to a n d i n r e s p e c t of t h e council i n whose a r e a t h e l a n d e m b r a c e d b y t h e con t r a c t or a g r e e m e n t is included, or if s u c h l a n d is i n c l u d e d i n t w o or m o r e n e w areas, s u c h d u t i e s , r i g h t s , privi leges, a n d liabilities shall a p p l y t o a n d in r e s p e c t of e a c h of t h e councils of s u c h areas w i t h respect to t h e p o r t i o n of t h e l a n d i n c l u d e d in its area. (iii) I n every s u c h case t h e duties, r i g h t s , privileges, a n d liabilities u n d e r t h e c o n t r a c t or a g r e e m e n t of t h e o t h e r p a r t y or p a r t i e s t h e r e t o shall c o n t i n u e in full force a n d effect i n relation only to the councils or council i n whose areas or area t h e l a n d e m b r a c e d b y t h e c o n t r a c t or a g r e e m e n t is i n c l u d e d , a n d s u c h councils or c o u n c i l as t h e case m a y h e shall be d e e m e d t o b e s u b s t i t u t e d in t h e c o n t r a c t or a g r e e m e n t for t h e c o u n c i l t h e r e i n n a m e d so far as s u c h l a n d or portion thereof is i n c l u d e d i n its area. (b) W h e r e t h e o r i g i n a l a g r e e m e n t confers a r i g h t of p u r c h a s e or of c a n c e l l a  t i o n u p o n t h e council t h a t r i g h t s h a l l n o t w i t h o u t t h e c o n s e n t of t h e o t h e r p a r t y or p a r t i e s to t h e a g r e e m e n t be exercised (after t h e a l t e r a t i o n of b o u n d a r i e s or r e c o n s t i t u tion aforesaid) unless t h e councils c o n c e r n e d exercise it in c o n c e r t w i t h e a c h o t h e r . (c)

(c) T h i s subsection m a y b e set aside b y a g r e e m e n t b e t w e e n t h e p a r t i e s concerned. (d) T h i s subsection shall be deemed t o h a v e come i n t o force on t h e first day of J a n u a r y , one t h o u s a n d n i n e h u n d r e d and twenty. (d) b y i n s e r t i n g after section t w e n t y t h e following n e w section :-- 20 A. (1) W h e r e areas a r e a l t e r e d b y -- (a) t a k i n g p a r t of one a r e a a n d a d d i n g it to a n o t h e r a r e a ; or (b) a d d i n g to a n area l a n d w h i c h is n o t w i t h i n a n a r e a ; or (c) t a k i n g land from one or m o r e areas a n d c o n s t i t u t i n g s u c h l a n d a s e p a r a t e shire or m u n i c i p a l i t y , t h e n as from t h e d a t e specified in t h a t b e h a l f in t h e p r o c l a m a t i o n , or if n o d a t e is so specified as from t h e date of t h e p u b l i c a t i o n in t h e G a z e t t e of t h e p r o c l a m a t i o n , t h e following provisions shall h a v e effect:-- (i) T h e ordinances w h i c h shall t h e r e a f t e r a p p l y to t h e p a r t added a n d to t h e area as so a l t e r e d a r e t h e o r d i n a n c e s for t h e t i m e b e i n g in force in t h e area to w h i c h t h e p a r t w a s so added, a n d o r d i n a n c e s w h i c h for t h e t i m e b e i n g a p p l y to t o w n s , villages, a n d u r b a n areas i n s u c h area shall a p p l y t o t o w n s , villages, a n d u r b a n areas in t h e p a r t added. (ii) T h e o r d i n a n c e s i n force i n t h e area from w h i c h a p a r t is t a k e n shall c o n t i n u e u n t i l repealed, varied, or a m e n d e d u n d e r this A c t to a p p l y w i t h i n t h e r e m a i n d e r of t h a t area. (2) T h i s section shall b e deemed to h a v e come into operation on t h e first d a y of J a n u a r y , one t h o u s a n d n i n e h u n d r e d a n d twenty. (e)

(e) (i) b y i n s e r t i n g i n subsection one of section t w e n t y - o n e after t h e w o r d " p r o c l a m a t i o n " w h e r e i t firstly occurs t h e words " or proclamations " ; (ii) b y i n s e r t i n g i n t h e s a m e subsection after p a r a g r a p h (q) t h e following n e w p a r a  g r a p h :-- ( q l ) prescribe i n t h e case of t h e c o n s t i t u  tion of a n a r e a i n a c c o r d a n c e w i t h p a r a g r a p h s (c), ( d ) , (e), or (f) of section s i x t e e n w h a t o r d i n a n c e s a r e t o b e in force i n t h e a r e a so con s t i t u t e d or a n y p a r t thereof, a n d s u c h o r d i n a n c e s so p r e s c r i b e d shall be i n force i n s u c h a r e a or p a r t ; a n d (iii) b y i n s e r t i n g in subsection t w o of t h e s a m e section before t h e words " s u c h p r o c l a m a  tion " t h e w o r d " a n y . " (2) P a r a g r a p h (d) of section six of t h e L o c a l Government (Validation and A m e n d m e n t ) Act, 1922, is h e r e b y r e p e a l e d . 4. P a r t I V of t h e P r i n c i p a l A c t is a m e n d e d -- (a) b y i n s e r t i n g a t t h e end of p a r a g r a p h (a) of subsection one of section t w e n t y - e i g h t t h e words " or t h e m e e t i n g s of any c o m m i t t e e of the council"; (b) b y i n s e r t i n g at t h e e n d of subsection five of section t h i r t y t h e following n e w p a r a g r a p h : -- (k) t h e s e t t l e m e n t b y h i m of a n y claim h e m a y h a v e a g a i n s t t h e c o u n c i l for c o m  p e n s a t i o n in respect of p r o p e r t y in w h i c h he has an interest upon damage thereto by t h e council u n d e r its s t a t u t o r y p o w e r s or for c o m p e n s a t i o n for t h e r e s u m p t i o n thereof for t h e p u r p o s e s of t h e c o u n c i l ; (c) (i) by i n s e r t i n g in subsection t w o of section t h i r t y - t h r e e after t h e w o r d " a p p o i n t m e n t " t h e following words : -- " or in t h e e v e n t of his being absent from t h e State at t h e t i m e of his election or a p p o i n t m e n t , w i t h i n fourteen

f o u r t e e n days after h i s r e t u r n t o t h e S t a t e if s u c h r e t u r n is w i t h i n s i x t y days of t h e election or a p p o i n t m e n t " ; (ii) b y o m i t t i n g from t h e s a m e s u b s e c t i o n all words after t h e words " e x t r a o r d i n a r y vacancy " ; (d) b y i n s e r t i n g i n p a r a g r a p h (f) of section fortyn i n e after t h e word " relations " t h e words " or a n y of t h e i r wives' or h u s b a n d s ' r e l a t i o n s . " 5. (1) P a r t V of t h e P r i n c i p a l A c t is a m e n d e d -- (a) b y o m i t t i n g s u b s e c t i o n one of section fifty-one a n d i n s e r t i n g n e w subsection as f o l l o w s : -- (1) I n order t o h a v e t h e r e q u i s i t e qualifica t i o n of a n elector in r e s p e c t of a w a r d or r i d i n g a person m u s t , o n t h e d a y prescribed for e n r o l m e n t , be e i t h e r a n o w n e r or r a t e p a y i n g lessee of r a t a b l e l a n d in t h e ward or r i d i n g , or a n occupier of land i n t h e w a r d or r i d i n g . (b) b y o m i t t i n g p a r a g r a p h s (d), (e), (f), (g), a n d (h) of section fifty-four a n d i n s e r t i n g n e w p a r a g r a p h (d) as follows :-- (d) u p o n s u c h prescribed day h e is residing or has his p r i n c i p a l p l a c e of abode o n l a n d , w h e t h e r r a t a b l e or not, i n t h e w a r d or r i d i n g a n d h a s c o n t i n u o u s l y d u r i n g t h e period of six m o n t h s n e x t p r e c e d i n g such prescribed day resided or h a d his p r i n c i p a l place of abode in the area: (c) b y o m i t t i n g p a r a g r a p h (b) of section fifty-five i n c l u d i n g t h e proviso inserted b y section seven of t h e L o c a l G o v e r n m e n t (Validation a n d A m e n d m e n t ) A c t , 1 J22 ;
(

(d) (i) b y o m i t t i n g f r o m subsection t w o of section fifty-six t h e w o r d s " w a r d or r i d i n g " a n d i n s e r t i n g t h e w o r d " area " ; (ii) b y o m i t t i n g subsection t h r e e of t h e s a m e section. (2)

(2) Section seven of t h e Local G o v e r n m e n t ( V a l i d a t i o n a n d A m e n d m e n t ) A c t , 1 9 2 2 , is h e r e b y repealed. 6. (1) P a r t amended-- V of the Principal Act is further

(a) (i) by o m i t t i n g from s u b s e c t i o n one of section s e v e n t y - t w o t h e words " t h e election " a n d by i n s e r t i n g in lieu thereof t h e w o r d s " any o r d i n a r y election, or on a n d from t h e d a y of n o m i n a t i o n a t a n y e x t r a o r d i n a r y election " ; (ii) b y o m i t t i n g from subsection t w o of t h e s a m e section t h e words " t h e e l e c t i o n " w h e r e t h o s e w o r d s secondly o c c u r a n d i n s e r t i n g in lieu thereof t h e words " a n y o r d i n a r y election, or on a n d from t h e d a y of n o m i n a t i o n a t a n y e x t r a o r d i n a r y election " ; (b) b y o m i t t i n g t h e proviso to section e i g h t y - t w o a n d by i n s e r t i n g t h e following proviso in lieu thereof:-- P r o v i d e d t h a t i n t h e case of t h e votes b e i n g e q u a l t h e q u e s t i o n shall be u n d e t e r m i n e d , a n d t h a t if t h e decision of t h e poll is a g a i n s t t h e proposal v o t e d u p o n t h e s a m e q u e s t i o n or o n e s u b s t a n t i a l l y t h e s a m e shall n o t be a g a i n s u b m i t t e d to a poll for a period of a t least one year. (2) P a r t V I of t h e P r i n c i p a l A c t is a m e n d e d -- (a) b y o m i t t i n g from section e i g h t y - e i g h t t h e words " m a k e a n a p p o i n t m e n t " a n d i n s e r t i n g in lieu thereof t h e words " a p p o i n t a n d e m p l o y a t o w n or shire clerk " ; (b) b y o m i t t i n g from subsection t w o of section n i n e t y t h e w o r d s " t h e council shall if d u r i n g t h e last p r e c e d i n g y e a r its i n c o m e f r o m all sources o t h e r t h a n a gas or electricity u n d e r  t a k i n g exceeded t h e s u m of fifteen t h o u s a n d p o u n d s " a n d b y i n s e r t i n g in lieu thereof t h e following w o r d s : -- " t h e e m p l o y m e n t of a n engineer

e n g i n e e r shall he optional w i t h t h e council e x c e p t t h a t in cases where t h e a g g r e g a t e i n c o m e of t h e council in respect of-- (a) t h e G e n e r a l F u n d ; (b) t h e W a t e r S u p p l y Local L u n d (if a n y ) ; (c) t h e Sewerage Local F u n d (if any) ; (d) a n y special a n d / o r local fund for t h e building of roads or bridges or e n g i n e e r i n g w o r k s (other t h a n electrical engineering) exceeds t h e s u m of fifteen t h o u s a n d p o u n d s , t h e council shall " ; (c) (i) b y i n s e r t i n g in subsection one of section n i n e t y - n i n e after t h e word " i n s p e c t o r s " t h e words " gas m a n a g e r s " ; (ii) b y o m i t t i n g subsection e i g h t of t h e s a m e section a n d by i n s e r t i n g in lieu thereof t h e following n e w subsection : -- (8) T h e person h o l d i n g t h e i n q u i r y shall h a v e t h e powers conferred b y the R o y a l Commissions A c t , 1923, on a commissioner a p p o i n t e d u n d e r Division 1 of P a r t I I of t h a t A c t a n d t h e said A c t , section t h i r t e e n a n d Division 2 of P a r t I I excepted, a n d t h e provisions of section one h u n d r e d a n d fiftyt w o of t h e J u s t i c e s A c t , 1902, shall m u t a t i s m u t a n d i s a p p l y to a n y witness or person s u m m o n e d by or a p p e a r i n g before s u c h person. 7. P a r t V I I of t h e P r i n c i p a l A c t is a m e n d e d as follows:-- (a) by i n s e r t i n g n e x t after subsection one of section one h u n d r e d a n d t w e n t y - o n e t h e following n e w subsection:-- (1 A ) F o r or towards m e e t i n g a n y liability t r a n s f e r r e d to t h e council of a m u n i c i p a l i t y or shire c o n s e q u e n t l y u p o n t h e alteration of t h e b o u n d a r i e s of t h e area, t h e council m a y m a k e a n d levy a local r a t e on t h e u n i m p r o v e d capital v a l u e or on t h e i m p r o v e d capital v a l u e of t h e r a t a b l e land added to t h e a r e a . (b)

(b) b y o m i t t i n g subsection t w o of section one hundred and twenty-three and inserting new s u b s e c t i o n t w o as follows :-- (2) T h e c o u n c i l s h a l l in t h e m a n n e r p r e  scribed define a l i g h t i n g district w i t h i n w h i c h s u c h r a t e s h a l l be levied. (c) (i) (a) b y i n s e r t i n g i n subsection six of section one h u n d r e d a n d t w e n t y - f o u r after t h e word " s e r v i c e " t h e words " o r a n y additions or extensions t h e r e t o " ; (b) b y i n s e r t i n g in t h e s a m e subsection after t h e words " i n respect of t h e l o a n " t h e words " or loans " ; (c) b y i n s e r t i n g i n t h e s a m e subsection after the word " r a t e " wherever o c c u r r i n g t h e words " or r a t e s " ; (ii) b y o m i t t i n g from s u b s e c t i o n t e n of section one h u n d r e d a n d t w e n t y - f o u r t h e w o r d s " if t h e M i n i s t e r c o n s e n t " ; (iii) b y i n s e r t i n g a t t h e end of t h e s a m e section t h e following n e w subsections :-- (13) W h e r e a loan is or has been raised for t h e c o n s t r u c t i o n or r e c o n s t r u c t i o n of a m a i n road as defined b y t h e M a i n R o a d s A c t , 1924, a n d t h e M a i n R o a d s B o a r d of N e w South Wales has granted the council a s u b s i d y for or t o w a r d s t h e p a y m e n t of i n t e r e s t on or t h e r e p a y m e n t of p r i n c i p a l of s u c h loan t h e M i n i s t e r m a y g r a n t p e r  mission t o t h e council to r e d u c e or t o refrain from l e v y i n g t h e loan r a t e d u r i n g t h e c o n t i n u a n c e of t h e s u b s i d y . (14) W h e r e a loan is raised for m e e t i n g a n y liabilities t r a n s f e r r e d to t h e c o u n c i l c o n s e q u e n t l y u p o n t h e a l t e r a t i o n of t h e boundaries of t h e area, t h e l o a n r a t e m a y a t t h e discretion of t h e c o u n c i l be levied as a local loan r a t e only on t h e r a t a b l e l a n d added to the area. (d)

(d) (i) b y o m i t t i n g from p a r a g r a p h (d) of s u b  section one of section one h u n d r e d a n d t h i r t y - t w o t h e w o r d " solely " ; (ii) b y o m i t t i n g p a r a g r a p h (h) of t h e s a m e subsection a n d by i n s e r t i n g in lieu thereof t h e following n e w p a r a g r a p h : -- (h) l a n d w h i c h is occupied b y or used in connection w i t h a c h u r c h or o t h e r b u i l d i n g used or occupied for p u b l i c worship or as a rectory v i c a r a g e p r e s b y t e r y m a n s e or p a r s o n a g e in connection w i t h such c h u r c h or build i n g ; and (iii) by i n s e r t i n g at t h e e n d of t h e s a m e s u b  section t h e following new p a r a g r a p h :-- and (j) a n y school registered u n d e r the B u r s a r y E n d o w m e n t Act, 1912, a n d a n y certified school u n d e r t h e P u b l i c I n s t r u c t i o n ( A m e n d m e n t ) A c t , 1916, a n d a n y p l a y g r o u n d b e l o n g i n g to or used in c o n n e c t i o n w i t h a n y such school. (e) (i) by o m i t t i n g from subsection t w o of section one h u n d r e d a n d t h i r t y - t h r e e t h e w o r d s " is n o t r a t a b l e or t h a t it is n o t r a t a b l e to a n y p a r t i c u l a r r a t e " a n d b y i n s e r t i n g in lieu thereof the words " or some p a r t thereof is n o t ratable or n o t r a t a b l e to a n y p a r t i c u l a r rate " ; (ii) by i n s e r t i n g a t t h e end of subsection five of t h e s a m e section t h e following p a r a g r a p h ;-- Where the Court determines t h a t part only of t h e l a n d is r a t a b l e , t h e C o u r t shall d e t e r m i n e t h e v a l u e of t h a t p a r t . (f) by o m i t t i n g p a r a g r a p h hundred and thirty-five;
K

(b) of section

one

(g)

(g) b y i n s e r t i n g a t t h e b e g i n n i n g of subsection t w o of section one h u n d r e d a n d t h i r t y - s e v e n t h e following w o r d s :--" S u b j e c t to t h e p r o  visions of section one h u n d r e d a n d f o r t y - o n e " ; (h) b y i n s e r t i n g a t t h e end of section one h u n d r e d a n d t h i r t y - n i n e t h e following n e w subsection :-- (9) W h e r e l a n d w h i c h was r a t a b l e b e c o m e s n o t r a t a b l e , p a r t of t h e r a t e p a i d t h e r e o n p r o p o r t i o n a t e to t h e period of t h e y e a r d u r i n g w h i c h t h e l a n d is n o t r a t a b l e shall be r e f u n d e d b y t h e council. (i) b y o m i t t i n g section one h u n d r e d a n d forty-one a n d b y i n s e r t i n g in lieu thereof t h e following new section:-- 1 4 1 . (1) W h e r e a n y r a t e is levied on t h e u n i m p r o v e d c a p i t a l v a l u e of l a n d h e l d for p a s t o r a l or a g r i c u l t u r a l purposes u n d e r lease from t h e Crown u n d e r a n y A c t d e a l i n g with C r o w n l a n d s ( i n c l u d i n g h o m e s t e a d selections) or u n d e r t h e H a y I r r i g a t i o n A c t , 1902, or t h e W e n t w o r t h I r r i g a t i o n A c t (1890), or w h i c h is h e l d u n d e r lease or p e r m i t (other t h a n a g r a z i n g p e r m i t for a t e r m less t h a n t w e l v e m o n t h s ) u n d e r t h e F o r e s t r y A c t , 1916, t h e u n i m p r o v e d c a p i t a l v a l u e for t h e p u r p o s e of s u c h r a t e shall, subject to t h i s A c t , be t h e s u m a s c e r t a i n e d by c a l c u l a t i o n as follows :-- (a) i n t h e case of a lease w h i c h carries n o r i g h t of conversion u l t i m a t e l y i n t o a freehold t e n u r e or of a p e r m i t -- t w e n t y t i m e s t h e a m o u n t of t h e r e n t payable u n d e r t h e lease or p e r m i t d u r i n g t h e year next preceding that in which the c a l c u l a t i o n is m a d e ; (b) in t h e case of all o t h e r l e a s e s -- d u r i n g t h e first t e n years of t h e lease d a t i n g from t h e g r a n t t h e r e o f -- t w e n t y t i m e s t h e a m o u n t of t h e r e n t p a y a b l e u n d e r the

t h e lease d u r i n g t h e r e a r n e x t p r e c e d i n g t h a t in w h i c h t h e c a l c u l a t i o n is m a d e ; a n d d u r i n g t h e r e m a i n d e r of t h e lease -- t h i r t y t i m e s t h e a m o u n t of s u c h r e n t ; (c) w h e r e a lease or p e r m i t w a s n o t i n force d u r i n g t h e p r e c e d i n g y e a r t h e r e n t for t h e c u r r e n t y e a r shall h e u s e d in t h e calculation. (2) T h e lessee of a n y s u c h l a n d m a y a t a n y t i m e before t h e first d a y of N o v e m b e r in a n y y e a r elect t h a t instead of t h e r a t e b e i n g levied on t h e u n i m p r o v e d c a p i t a l v a l u e a s c e r t a i n e d as set o u t in t h e p r e c e d i n g s u b  section, it shall he levied on t h e u n i m p r o v e d capital value of land valued in a c c o r d a n c e w i t h t h e law as if t h e h o l d e r of t h e lease or h o m e s t e a d selection w e r e t h e o w n e r of t h e fee s i m p l e : Provided t h a t u p o n a n y election b e i n g d u l y m a d e b y a lessee u n d e r this section t h e election shall he b i n d i n g u p o n h i m for a period of five y e a r s ; a t t h e e x p i r a t i o n of w h i c h h e m a y again elect, a n d so on a t i n t e r v a l s of five years
:

P r o v i d e d f u r t h e r t h a t in a n y case w h e r e a n election is duly m a d e u n d e r this section, t h e council shall, in l e v y i n g a n y r a t e on t h e u n i m  proved capital value, give effect to s u c h election. I n this subsection " l e s s e e " includes t h e h o l d e r of a p e r m i t , a n d " lease " h a s a corre sponding meaning. (3) W h e r e n o s u c h election h a s b e e n m a d e , a notice of v a l u a t i o n shall n o t b e d e e m e d to be invalid merely on a c c o u n t of t h e notice n o t i n c l u d i n g a s t a t e m e n t of t h e u n i m p r o v e d c a p i t a l v a l u e of t h e land a s c e r t a i n e d in a c c o r d a n c e w i t h Schedule T h r e e of t h i s A c t . This subsection shall e x t e n d a n d b e d e e m e d f r o m t h e c o m m e n c e m e n t of t h i s A c t to h a v e e x t e n d e d to areas in w h i c h t h e provisions of Schedule T h r e e of t h i s A c t are in force.

(J)

(j) b y o m i t t i n g subsection t h r e e of section o n e hundred and forty-nine and by inserting the following subsection i n lieu t h e r e o f : -- (3) N o t h i n g in t h i s section shall affect or e x t e n d to a n y person w h o is t h e h o l d e r of a lease or p u r c h a s e from t h e C r o w n or from t h e council, m a d e before or after t h e p a s s i n g of t h e Local G o v e r n m e n t ( A m e n d m e n t ) A c t , 1927, w h e r e t h e lease is g r a n t e d or p u r c h a s e m a d e after t h e r a t e is levied, w h e t h e r t h e l a n d h a s b e e n previously held u n d e r a lease or p u r c h a s e from t h e C r o w n or from t h e council or n o t . (k) b y i n s e r t i n g after section one h u n d r e d fifty-one n e w section as follows :-- and

151 A . (1) This section shall a p p l y t o a n y case w h e r e a lessee h a s agreed w i t h t h e o w n e r or w i t h t h e m e s n e lessee from w h o m h e i m m e  diately holds to pay m u n i c i p a l or local g o v e r n  m e n t rates, w h e t h e r u n d e r t h o s e designations or u n d e r a n y words of description w h i c h would i n c l u d e r a t e s m a d e u n d e r this A c t , b u t shall only a p p l y w h e r e such a g r e e m e n t was m a d e after-- (a) t h e first d a y of J a n u a r y , one t h o u s a n d n i n e h u n d r e d a n d eight, in t h e case of land within any municipality; (b) t h e first day of J a n u a r y , one t h o u s a n d n i n e h u n d r e d a n d seven, i n t h e case of l a n d w i t h i n a n y shire. (2) W h e r e from a n y s u c h a g r e e m e n t it a p p e a r s t h a t such a g r e e m e n t was i n t e n d e d t o p r o v i d e for t h e p a y m e n t of a p r o p o r t i o n a n d n o t t h e w h o l e of t h e r a t e s , a n d w h e r e s u c h a g r e e m e n t does n o t provide a m e t h o d of a r r i v i n g a t s u c h proportion, a n y p a r t y t o s u c h a g r e e m e n t m a y m a k e a p p l i c a t i o n to t h e V a l u e r G e n e r a l t o m a k e a fair a n d e q u i t a b l e a d j u s t  m e n t of t h e p r o p o r t i o n of s u c h r a t e s w h i c h i n t h e opinion of t h e V a l u e r - G e n e r a l s h o u l d be paid u n d e r t h e a g r e e m e n t . (3)

(3) T h e a d j u s t m e n t shall be m a d e by t h e V a l u e r - G e n e r a l a c c o r d i n g to t h e respective i n t e r e s t s of t h e p a r t i e s i n t h e l a n d as u n  i m p r o v e d for t h e purposes of t h e g e n e r a l r a t e or a n y r a t e levied on t h e u n i m p r o v e d c a p i t a l v a l u e , a n d as improved in t h e case of a n y r a t e levied on t h e i m p r o v e d c a p i t a l v a l u e . (4) T h e cost of such a d j u s t m e n t shall b e paid by t h e person a p p l y i n g therefor a n d s h a l l be fixed by t h e V a l u e r - G e n e r a l . (5) E v e r y a d j u s t m e n t so m a d e b y t h e V a l u e r - G e n e r a l shall b e final a n d conclusive a n d shall n o t be subject to appeal, a n d t h e a g r e e m e n t shall be read as if t h e a m o u n t deter m i n e d b y t h e V a l u e r - G e n e r a l to be p a y a b l e in r e s p e c t of t h e p a r t comprised in t h e a g r e e m e n t h a d originally been inserted t h e r e i n . (6) A certificate of t h e a d j u s t m e n t p u r p o r t i n g to be signed by t h e V a l u e r - G e n e r a l or his d e p u t y shall be p r i m a facie e v i d e n c e of the adjustment. (1) b y i n s e r t i n g t h e following n e w subsection after s u b s e c t i o n four of section one h u n d r e d a n d fifty-seven :-- (5) W h e r e a lease h a s been g r a n t e d or is g r a n t e d by t h e C r o w n u n d e r t h e provisions of subsection t w o of section 70 B of t h e M i n i n g A c t , 1906, t h e lease shall for t h e purpose of this section be deemed to h a v e been g r a n t e d by t h e o w n e r of t h e l a n d leased. (m) by o m i t t i n g from section one h u n d r e d and sixty-one t h e words " u n l e s s proceedings for t h e recovery thereof h a v e failed, or t h e a p p r o v a l of t h e M i n i s t e r to t h e a b a n d o n m e n t or w r i t i n g off has been o b t a i n e d " a n d b y i n s e r t i n g in lieu thereof t h e w o r d s " e x c e p t in accordance w i t h a n o r d i n a n c e in t h a t behalf, a n d t h e n only u p o n t h e certificate of t h e a u d i t o r of t h e council t h a t t h e a b a n d o n m e n t or w r i t i n g off is in accordance w i t h s u c h ordinance " ; (n)

(n) b y i n s e r t i n g a t t h e e n d of section one h u n d r e d a n d sixty-five t h e following n e w p a r a g r a p h :-- (c) t h e class of cases in which, a n d t h e c i r c u m s t a n c e s i n w h i c h , rates m a y be a b a n d o n e d or w r i t t e n off. (o) b y o m i t t i n g f r o m subsection o n e of section one h u n d r e d a n d sixty-seven t h e words " o r d i n a n c e by resolution of t h e council " a n d b y i n s e r t i n g in lieu thereof t h e words " c h a r g e or fee so fixed, t h e n t h e c h a r g e or fee may be fixed b y r e s o l u t i o n of t h e council s u b j e c t to t h e m a x i m u m (if any) p r e s c r i b e d by ordi nance " ; (p) b y o m i t t i n g subsection t w o of section one h u n d r e d a n d s e v e n t y - t h r e e a n d b y i n s e r t i n g in lieu thereof t h e following n e w subsection :-- (2) E x c e p t as provided in section one h u n d r e d a n d seventy-four a council shall n o t borrow u n l e s s t h e loan has been previously a u t h o r i s e d , t h a t is to say t h e a p p r o v a l of t h e Governor has been obtained. A p p l i c a t i o n for s u c h a p p r o v a l or for t h e a u t h o r i t y of t h e M i n i s t e r referred to in section one h u n d r e d a n d s e v e n t y - f o u r s h a l l be m a d e b y t h e council in t h e prescribed m a n n e r . (q) b y o m i t t i n g section one h u n d r e d a n d s e v e n t y f o u r a n d by i n s e r t i n g t h e following n e w section :-- 1 7 4 . (1) T h e council m a y b o r r o w b y w a y of l i m i t e d overdraft for a n y p u r p o s e w h i c h t h e council is a u t h o r i s e d to c r e a t e or e x p e n d a n y f u n d ( o t h e r t h a n a t r u s t fund) or for a n y p u r p o s e for w h i c h m o n e y s raised b y o r d i n a r y loan m a y be applied. (2) S u b j e c t to t h i s section t h e a m o u n t w h i c h m a y b e b o r r o w e d b y t h e council by w a y of overdraft shall n o t exceed o n e - t h i r d of t h e i n c o m e of t h e f u n d c o n c e r n e d , t h a t is to say :-- (a) o n e - t h i r d of t h e i n c o m e as s h o w n t h e l a t e s t y e a r ' s a c c o u n t s ; or by
(b)

(1)) if t h e fund was n o t in e x i s t e n c e for t h e whole of t h e p r e c e d i n g year, o n e - t h i r d of t h e i n c o m e as e s t i m a t e d in t h e p u b l i s h e d e s t i m a t e s of t h e council for t h e year in w h i c h t h e overdraft is obtained. (3) If t h e council find it necessary for a n y specially u r g e n t reason to b o r r o w b y w a y of overdraft in excess of t h e a m o u n t i n d i c a t e d in subsection t w o of this section it m a y a p p l y to t h e Minister, w h o m a y give a u t h o r i t y a c c o r d i n g l y u p to b u t n o t e x c e e d i n g one-half t h e p r e v i o u s y e a r ' s i n c o m e or esti m a t e d i n c o m e , as t h e case m a y be, b u t a n y such a u t h o r i t y shall he s u b j e c t to conditions r e q u i r i n g t h e council to r e d u c e t h e overdraft to n o t m o r e t h a n o n e - t h i r d of a y e a r ' s i n c o m e of the fund w i t h i n a t e r m of years specified in t h e a u t h o r i t y , n o t exceeding five years in a n y ease. (4) N o g r e a t e r s u m shall be borrowed u n d e r t h i s section t h a n t h e a m o u n t stated i n a certificate of t h e a u d i t o r of t h e c o u n c i l as b e i n g t h e s u m w h i c h m a y be borrowed w i t h i n t h e l i m i t s imposed b y t h i s section or t h e a u t h o r i t y of t h e M i n i s t e r . (r) (i) by o m i t t i n g from subsection one of section one h u n d r e d a n d seventy-five t h e words " t h e certificate of l i m i t of o v e r d r a f t is i s s u e d " a n d b y i n s e r t i n g in lieu thereof t h e words " t h e m o n e y is b o r r o w e d " ; (ii) by i n s e r t i n g in subsection t w o of t h e same section after t h e word " c e r t i f i c a t e " w h e r e t h a t word first occurs t h e words " of t h e a u d i t o r of t h e council " ; (iii) by o m i t t i n g from t h e same subsection t h e words " issue of t h e certificate " a n d b y inserting in lieu thereof the word " borrowing " ; (s) by o m i t t i n g section 177 A a n d t h e short h e a d i n g preceding that section; (t)

(t) b y i n s e r t i n g n e x t after section o n e h u n d r e d a n d s e v e n t y - e i g h t t h e following short h e a d i n g and section:-- Ratepayers' advances. 178 A. (1) S u b j e c t to t h i s section the council may, without obtaining any approval u n d e r section one h u n d r e d a n d s e v e n t y - t h r e e , accept a n a d v a n c e n o t exceeding five h u n d r e d p o u n d s from a r a t e p a y e r for t h e p u r p o s e of c a r r y i n g o u t necessary w o r k s applied for b y the ratepayer. (2) T h e loan s h a l l he either free of i n t e r e s t or a t a r a t e n o t e x c e e d i n g four per c e n t u m per a n n u m simple i n t e r e s t . (3) T h e t e r m s of t h e loan shall i n c l u d e provision for r e p a y m e n t by y e a r l y or halfy e a r l y i n s t a l m e n t s spread over n o t m o r e t h a n t e n years. (4) T h e council shall n o t a c c e p t a n y s u c h a d v a n c e if t h e a m o u n t proposed to b e a c c e p t e d w h e n a d d e d to o t h e r a m o u n t s t h e n owing b y t h e council u n d e r t h i s section exceeds t e n p e r c e n t u m of t h e t o t a l r e v e n u e of s u c h c o u n c i l for t h e p r e c e d i n g year. (5) I t shall n o t be compulsory for t h e c o u n c i l to levy a loan rate in respect of a n y s u c h loan. (6) T h e council shall r e p o r t each s u c h loan, its p u r p o s e a n d t e r m s , to t h e M i n i s t e r for record. (u) b y i n s e r t i n g a t t h e e n d of s u b s e c t i o n n i n e of section one h u n d r e d a n d e i g h t y t h e following proviso :-- " P r o v i d e d t h a t w h e r e t h e council satisfies t h e G o v e r n o r t h a t a n e t i n c o m e will p r o b a b l y b e or h a s a l r e a d y b e e n derived from a n y loan w o r k or service after m a k i n g full provision for t h e depreciation of t h e assets a n d p a y m e n t of

of i n t e r e s t a n d i n s t a l m e n t s of r e p a y m e n t or reserve in respect of t h e loan, t h e G o v e r n o r m a y direct t h a t s u c h loan or p a r t thereof shall n o t be t a k e n i n t o a c c o u n t i n c a l c u l a t i n g t h e c o u n c i l ' s l i m i t of b o r r o w i n g u n d e r this section." (v) b y i n s e r t i n g a t t h e e n d of s u b s e c t i o n e i g h t of section one h u n d r e d a n d e i g h t y - o n e t h e follow i n g w o r d s : -- " W h e r e t h e proposal h a s been so a l t e r e d t h e council shall notify t h e a l t e r e d proposal unless t h e M i n i s t e r certifies t h a t t h e a l t e r a t i o n is n o t of a s u b s t a n t i a l n a t u r e " ; (w) b y i n s e r t i n g n e x t after following n e w section :-- section 181B the

1 8 1 c . (1) T h e G o v e r n o r m a y g r a n t a p p r o v a l t o a c o u n c i l to borrow for t h e c o n s t r u c t i o n of a m a i n road in t h e c o u n t y of C u m b e r l a n d if t h e council h a s first obtained t h e a p p r o v a l of t h e M a i n R o a d s Board of N e w S o u t h W a l e s t o s u c h c o n s t r u c t i o n a n d a n u n d e r t a k i n g from t h e board to defray t h e i n t e r e s t a n d r e p a y t h e loan. (2) I n such case it s h a l l n o t be neces sary for t h e council to c a r r y o u t t h e p r o c e d u r e r e q u i r e d b y section one h u n d r e d a n d e i g h t y or section one h u n d r e d a n d e i g h t y - o n e of t h i s A c t as a condition p r e c e d e n t to b o r r o w i n g , e x c e p t to m a k e a p p l i c a t i o n t h e r e u n d e r for t h e Governor's approval. (3) I n a n y s u c h case i t shall n o t b e necessary for t h e council to levy a loan r a t e . (4) A n y s u c h loan shall n o t be t a k e n into account in ascertaining whether the council's b o r r o w i n g s are w i t h i n t h e l i m i t provided b y t h i s A c t . (5) T h i s section shall be d e e m e d t o h a v e c o m e i n t o o p e r a t i o n on t h e first d a y of J a n u a r y , one thousand nine hundred and twenty-five. (x)

(x) b y i n s e r t i n g a t t h e e n d of p a r a g r a p h (a) of section one h u n d r e d a n d e i g h t y - f o u r the following proviso :-- " P r o v i d e d t h a t w h e r e t h e c o u n c i l satisfies t h e G o v e r n o r t h a t a n e t i n c o m e will p r o b a b l y be or has a l r e a d y been derived from a n y loan w o r k or service a f t e r m a k i n g full provision for t h e d e p r e c i a t i o n of t h e assets a n d p a y m e n t of i n t e r e s t a n d i n s t a l m e n t s of r e p a y m e n t or reserve in respect of t h e loan, t h e G o v e r n o r m a y direct t h a t s u c h l o a n or p a r t thereof shall n o t be t a k e n into a c c o u n t in c a l c u l a t i n g t h e council's l i m i t of b o r r o w i n g u n d e r t h i s s e c t i o n . " (y) (i) by o m i t t i n g from s u b s e c t i o n t h r e e of section two h u n d r e d a n d eleven t h e w o r d s " b u t m a y be cancelled b y t h e G o v e r n o r a t a n y t i m e a n d a n a p p o i n t m e n t m a y be m a d e for t h e u n e x p i r e d p o r t i o n of t h e one-year's t e r m " ; (ii) b y o m i t t i n g s u b s e c t i o n f o u r of t h e s a m e section; (iii) by o m i t t i n g from s u b s e c t i o n n i n e of t h e s a m e section t h e words " i n addition to certifying as a f o r e s a i d " a n d by i n s e r t i n g in lieu thereof t h e w o r d s " in respect of each a u d i t . " 8. P a r t I X of t h e P r i n c i p a l A c t is a m e n d e d --

(a) by i n s e r t i n g after section t w o h u n d r e d t h i r t y - t h r e e a n e w section as follows :--

and

2 3 3 A . (1) W h e r e a n y b r i d g e or level crossing over a n y p r i v a t e r a i l w a y or a n y r a i l w a y b r i d g e h a s b e e n c o n s t r u c t e d before or after t h e c o m m e n c e m e n t of t h i s A c t b y a n y person, firm, or c o m p a n y , w h e t h e r u n d e r t h e a u t h o r i t y of a n y A c t or not, t h e following provisions shall h a v e effect:-- (a) T h e o w n e r of t h e r a i l w a y shall, so l o n g as t h e b r i d g e a n d t h e r o a d w a y t h e r e o v e r or level crossing or t h e r o a d w a y u n d e r t h e b r i d g e is left open for traffic, k e e p the

t h e b r i d g e , level crossing, or overbridge a n d t h e r o a d w a y u n d e r s u c h overbridge in a p r o p e r state of repair t o t h e satis faction of t h e council. (b) T h e council m a y at a n y t i m e b y notice direct the o w n e r of t h e r a i l w a y to r e c o n s t r u c t or r e p a i r a n y s u c h b r i d g e , level crossing, or overbridge, or t h e r o a d w a y u n d e r s u c h overbridge (c) S u c h o w n e r m a y u p o n g i v i n g t h e p r e  scribed notice close a n d fence off s u c h b r i d g e or level crossing or t h e r o a d w a y u n d e r such overbridge so as to p r e v e n t traffic t h e r e o n for s u c h t i m e as is necessary to e n a b l e t h e r e q u i r e m e n t s of t h e council to be carried o u t . (d) A n y d i s p u t e b e t w e e n a council a n d t h e o w n e r of such r a i l w a y as to a n y m a t t e r arising u n d e r t h i s section shall be settled in t h e same m a n n e r as is p r o  vided i n section t w o h u n d r e d a n d s e v e n t y - t h r e e of t h i s A c t for t h e s e t t l e  m e n t of a difference b e t w e e n a council a n d t h e R a i l w a y Commissioners for N e w South Wales. (e) T h e provisions of t h i s subsection shall be subject to a n y a g r e e m e n t m a d e b e t w e e n t h e c o u n c i l or its predecessor a n d t h e o w n e r or his predecessors in title. (2) T h e provisions of subsection one of this section shall n o t a p p l y to a n y b r i d g e , level crossing, or overbridge c o n s t r u c t e d b y a n y person, firm, or c o m p a n y u n d e r t h e provisions of section live b u n d l e d a n d two of this Act. (3) W h e r e n o t m o r e t h a n t w o years before t h e c o m m e n c e m e n t of t h e Local G o v e r n m e n t ( A m e n d m e n t ) A c t , 1927, t h e council has r e c o n s t r u c t e d or r e p a i r e d a n y s u c h bridge,

b r i d g e , level crossing, or o v e r b r i d g e or t h e r o a d w a y u n d e r s u c h o v e r b r i d g e for t h e p u r p o s e of p u t t i n g t h e s a m e in a p r o p e r s t a t e of repair, t h e o w n e r of t h e 'railway shall b e liable for t h e cost of s u c h r e c o n s t r u c t i o n or repair, a n d t h e council m a y recover s u c h cost from s u c h o w n e r i n a n y c o u r t of c o m p e t e n t jurisdiction. (b) by i n s e r t i n g a t t h e e n d of subsection one of section t w o h u n d r e d a n d f o r t y - t h r e e t h e fol lowing w o r d s : -- " T h e p o r t i o n of a footway w h i c h is a t t h e intersection of t w o public roads shall be d e e m e d t o b e opposite a n d adjacent t o t h e l a n d n e a r e s t t h e r e t o w h i c h is b o u n d e d by t h e t w o p u b l i c roads " ; (c) b y i n s e r t i n g in section t w o h u n d r e d a n d f o r t y five after t h e words " a n y person b y " t h e words " w h o m or b y " ; (d) b y i n s e r t i n g a t t h e e n d of subsection o n e of section two h u n d r e d a n d fifty-one t h e following w o r d s : -- " I t shall n o t b e necessary for a council w h e n e x e r c i s i n g s u c h powers to notify in t h e G a z e t t e its i n t e n t i o n to g r a n t permission t o erect a p u b l i c gate " ; (e) b y i n s e r t i n g i n t h e proviso t o s u b s e c t i o n five of section t w o h u n d r e d a n d s i x t y - t w o after t h e word " r e p a i r s " t h e words " a n d i m p r o v e  m e n t s , " a n d b y i n s e r t i n g i n t h e s a m e proviso after t h e word " p r e s e r v a t i o n " t h e w o r d s " and temporary use " ; (f) b y i n s e r t i n g a t t h e end of section t w o h u n d r e d a n d s e v e n t y - o n e t h e following n e w s u b section:-- (3) F o r t h e p u r p o s e s of t h i s section t h e w o r d " t r u s t " shall b e d e e m e d to i n c l u d e a drainage union constituted under the pro visions of t h e W a t e r A c t , 1912, or a n y A c t t h e r e b y repealed.

(g)

(g) by inserting next after section two hundred and seventy-six the following new section :-- 276A. The council may (after public notice and hearing any objector who lodges objection within one month) lease to any adjoining land owner for not more than five years at any one time any public road or part thereof which the council considers is not needed for present public use. Any such lease shall contain a provision for the determination of the lease by the council upon six months' notice to the lessee. (h) by omitting from paragraph (g) of section two hundred and seventy-seven the words and figures " Neglected Children and Juvenile Offenders Act, 1905 " and by inserting in lieu thereof the words and figures " Child Welfare Act, 1923 " ; 9. (1) Part X of the Principal Act is amended--

(a) by inserting in section two hundred and seventy-nine after the word " h e a l t h " the word " safety " ; (b) (i) by inserting in subsection two of section two hundred and eighty-one at the end of paragraph (1) the following words :--" in any such case the council may remove and sell the materials, and after deducting the expenses incident to the demolition, removal, and sale, pay over the balance (if any) to the owner. If such proceeds do not cover the expense the amount of the deficiency may be recovered by the council from the owner in any court of competent jurisdiction " ; (ii) by inserting in the same subsection after paragraph (m) the following new para graph :-- (n) require that a dwelling on land ratable to a sewerage rate in connection with any

any public system of sewerage shall be provided with a suitable bath and washtubs. (c) by omitting subsections six, seven, and eight of section two hundred and eighty-three ; (d) by inserting at the end of section two hundred and eighty-nine the following new para graphs :-- (h) control and regulate the depositing upon any land of any material likely to cause a public nuisance or to give rise to a condition which will endanger public health, or material likely to attract or tend to attract vermin to such land, or to form suitable harbourage for vermin; (i) direct the removal of walls or buildings which in the opinion of the council have become ruinous and may become dangerous to the public, or may remove such walls or buildings, at the expense of the owner thereof ; (j) regulate and control the use of firearms within the boundaries of any city, town, village, or urban area; (k) regulate and control the keeping and use of inflammable or explosive com pounds or materials in any city, town, village, or urban area ; (1) where land is used as a private lane, right-of-way, or means of access to two or more properties, by notice in writing require the owners of the properties served thereby to drain the lane, rightof-way or means of access, or to remove therefrom any matter or thing which may, in the opinion of the council, cause any insanitary or objectionable condition thereon; (m)

(m) require quarries, clay-pits, sand-pits, disused mines, dams or waterholes on any land likely to be a danger to the public to be enclosed by a sufficient fence to the satisfaction of the council; or where the council considers that in the circumstances fencing is not a suffi cient precaution require the owner of any quarry, clay-pit. sand-pit, disused mine, dam or waterhole to empty' the same of water, or to till in or cover the same to the satisfaction of the council within a time stated by the council. Any such owner may within the time and in the manner prescribed by rules of court appeal to a district court judge having jurisdiction within the area against the requirement of the council. Such judge may determine whether the requirement of the council is reasonable in all the circumstances of the case and whether it shall or shall not be carried out either in its entirety or with modifications and may extend the time within which anything is to be done. The costs of the appeal shall be in the discretion of the judge. If costs are awarded they may be recovered in like manner to costs awarded in a judgment of the district court. (e) by inserting in subsection two of section two hundred and ninety-eight after the words " the council" the words " m a y subsidise life-savingclubs and " ; (f) (i) by inserting in the heading of the same Part alter the words " P u b l i c H e a l t h " the word "Safety " ; (ii) by inserting in the subheading of Division 5 of the same Part after the word " h e a l t h " the word " safety.'' (2)

(2) Part I of the Principal Act is amended by inserting in section three after the words " P u b l i c Health " the word "Safety," 10. Part X I of the Principal Act is amended--

(a) by omitting from paragraph (b) of subsection two of section three hundred and five the words " or villages " and by inserting in lieu thereof the words "villages or portions of a shire"; (b) by omitting subsection two of section three hundred and nine, and by inserting the following subsection in lieu thereof :-- (2) Nothing in this section shall preclude the continuance of the use of any building for any purpose for which the same was used immediately before the date of the proclamation aforesaid, or the alteration, enlargement, re building or extension of any building used for any such purpose whether or not such alteration, enlargement, rebuilding or extension involve the use of adjoining land which immediately before the date of the pro clamation was in the same ownership or for such other purpose as the council thinks reasonable in the circumstances. (c) by inserting at the end of section three hundred and thirteen the following new paragraph :-- (i) height, materials, stability, design, and position of fences (if any) to be erected on or on the boundaries of the allot ment on which the building is to be erected. (d) by inserting next after section three hundred and sixteen the following new section :-- 316A. When a plan has been approved by a council, fencing or other structures not shown upon the plan shall not at any time, without the consent of the council, be erected so as to restrict the use in connection with the building of the unoccupied area of the allotment. (e)

(e) by inserting at the end of paragraph seven of section three hundred and eighteen the following words :--" and regulating generally the erection of fences on or on the boundaries of any land and the height, materials, stability, design, and position of existing fences on or on the boundaries of any land." 11. Part X I I of the Principal Act is amended--

(a) by omitting from paragraph (c) of subsection two of section three hundred and twenty-seven the words " the signatures of all necessary parties " ; (b) by omitting from the proviso to section three hundred and thirty-three, paragraph (a) thereof; (c) (i) by omitting subsection five of section three hundred and thirty-four; (ii) by omitting paragraph (b) of subsection six of the same section and by inserting the following new paragraph :-- (b) in a shire, unless at the time of the proposed subdivision the land is within the area served by the water or gas supply of any village, town, or urban area or within the area to bo served by any such supply under con struction or about to be constructed at the time of the subdivision. (d) by inserting at the end of section three hundred and thirty-nine the following new subsection:-- (2). A contravention of this or any other section of this Part shall not invalidate or be deemed to have invalidated any instrument intended to affect or evidence the title to any land. (e)

(e) by inserting after section three hundred and forty the following new sections :-- 340A. (1) Where in the subdivision of land provision is made for public garden and recrea tion space, such space shall be conveyed or transferred to the council if the council at any time so requires. (2) This section shall apply where such provision was made in a subdivision effected prior to the commencement of the Local Government (Amendment) Act, 1927, as well as to cases in which it is made after such commencement. 340B. (1) Where in the subdivision of land provision is made for a drainage reserve, such reserve shall be conveyed or transferred to the council if the council at any time so requires. (2) This section shall extend to sub divisions made since the passing of the Local Government (Validation and Amendment) Act, 1922, as well as to subdivisions made after the passing of the Local Government (Amendment) Act, 1927. 1 2 . Part X I V of the Principal Act is amended--

(a) (i) by omitting subsection three of section three hundred and seventy-four and insert ing the following subsection:-- (3) As soon as practicable after such notification as aforesaid the Minister for Public Works shall certify under his hand the amount which has been expended on such works together with interest, at a rate or rates as provided in this section accrued from the time of: expenditure of each sum included in such amount up to the end of the half year in which the notification as provided in subsection seven of this section is published. (ii)

(ii) by inserting after subsection three of section three hundred and seventy-four the follow ing new subsection:-- (3A) In any case where the certificate does not include all amounts expended or to be expended on any work, the Minister for Public Works shall, when the total amount expended shall have been ascer tained, finally certify under his hand the whole of the amount expended upon such works. Such final certificate shall include the amount of any previous certificate less the amount of any principal repaid or due to the end of the half-year in which the final certificate is given and shall also include any amount not previously included together with interest thereon at the rate or rates as provided in this section calculated from the time of expenditure of each sum included therein up to the end of the half year in which the notification as provided in subsection seven of this section is published. (iii) by omitting subsection six of section three hundred and seventy-four and inserting the following subsection :-- (6) The amount of any such certificate or final certificate subject to any such partial remission as aforesaid when notified by the Governor as provided in this section, shall be the capital debt of the council to the Treasurer. An earlier certificate shall be superseded by a final certificate at the expiration of the half-year in which such final certificate is given, but not sooner. (iv) by adding after the word " i n t e r e s t " in paragraph (c) of subsection seven of section three hundred and seventy-four the words " a t a rate as provided in this section " ;

(v)

(v) by omitting subsection eight of section three hundred and seventy-four and inserting the following subsection :-- (8) (a) The Governor shall by procla mation as soon as may be after the commencement of the Local Government (Amendment) Act, 1927, for periods prior to the thirtieth day of June, one thousand nine hundred and twenty-six, and, as soon as may be after the thirtieth day of J u n e in each and every year for periods after such commencement, fix the rate of interest to be charged on amounts expended in any such period. (b) The rate so to be fixed for each period shall reasonably approximate to the percentage cost of moneys borrowed by the Government of New South Wales in the twelve months immediately prior to that period for which the rate of interest is fixed. (c) The rates to be adopted for the purposes of certificates to be made under the provisions of subsections three and (3 A ) of this section and subsection three of section three hundred and seventy-seven shall be the rates proclaimed in accordance with paragraph (a) of this subsection. (d) The rates to be adopted for purposes of paragraph (c) of subsection seven of this section and paragraph (b) of subsection four of section three hundred and seventy-seven shall be determined having regard to the several rates pro claimed in accordance with paragraph (a) of this subsection for any periods during the construction of the works, and also to the amount expended in each of the said periods. (e) For the purposes of this subsec tion the expression " period" shall be deemed

deemed to mean the period of twelve months commencing on the first day of J u l y in any year. (vi) by inserting at the end of the same section the following new subsection :-- (TO) Every certificate of the Minister for Public Works and every notification by the Governor purporting to have been given or made under this section before the com mencement of the Local Government (Amendment) Act, 1927, shall be deemed to have been given or made in accordance with the provisions of this Act, notwith standing any failure of compliance with the provisions thereof, and every such notifica tion by the Governor of the capital debt of a council for water, sewerage, drainage, or electricity works shall be deemed in all respects whatsoever to have been and to be valid. (b) by omitting from subsection one of section three hundred and seventy-five the words "carried by the Treasurer to a Loan Trust F u n d " and by inserting the words "paid to the General Sinking Fund constituted under the State Debt and Sinking Fund Act, 1 9 0 1 " ; (c) by omitting section three hundred and seventyseven and by inserting the following new section in lieu thereof :-- 377. (1) When any work partly constructed by the Minister for Public Works but not completed is in his opinion so far constructed as to be of use to the council he may report that fact to the Governor. (2) The Governor may notify that the council shall take over any partly constructed work and the care and management thereof. (3) The said Minister may certify the amount actually expended in such construction, and the amount so certified, together with interest in accordance with section three hundred

hundred and seventy-four of this Act, shall upon the certificate being notified become a debt due by the council to the Treasurer. Such interest shall be calculated from the time of the expenditure of each sum included in such amount up to the end of the half-year in which the notification provided for in this section is published. (4) Upon receipt of such certificate the Governor may notify-- (a) the period not exceeding in any case one hundred years in which the debt is to be paid ; such period shall be fixed with regard to the nature and dura bility of the work ; and (h) the instalment which shall be paid by the council during each half-year suc ceeding that in which the notification is published in order to repay such debt with interest. (5) The council shall in respect of any indebtedness under this section be liable for payment thereof in the same way as if works had been notified as complete in accordance with provisions of section three hundred and seventy-four of this Act. (0) Like action may be taken from time to time, and the provisions of this section shall apply when the work has been further constructed and before completion. (7) W h e n any work has been notified as having been finally completed and the capital debt on the completed work and the period for repayment fixed and the half-yearly instalment has been notified, the provisions of this section shall be superseded by the fore going provisions of this Part. (8) I n finally computing the capital debt credit shall be given to the council for payments under this section in respect of works notified before actual completion. (d)

(d) by adding at the end of subsection one of section three hundred and seventy-eight the following proviso : -- Provided that in respect of stormwater drainage works the council, with the approval of the Governor, may defray the cost of maintenance and management, and provide for the payment of instalments from the general fund or the sewerage local fund, or make a contribution of such amount as may be approved by the Governor from tin; general fund to the stormwater drainage local fund. (e) (i) by omitting subsections one, two, and three: of section three hundred and eighty-eight and the short heading preceding that section and by inserting the following short heading and subsections in lieu thereof :-- Special powers of Governor and Minister for Public Works. (1) The Minister for Public Works shall from time to time cause inspection to be made of any water, sewerage, drainage, or electricity works of the council where there is money owing to the Treasurer by the council in respect of those works. If upon any such inspection he is of opinion that such works are not properly constructed or not kept in repair or not kept in efficient working order he may direct the council to make such repairs or alterations as he thinks necessary, and, if the council makes default for three months in effecting such repairs or alterations, he may cause such repairs or alterations to be effected and recover the cost thereof from the council as a debt. (2) (a) I n respect of any water, sewerage, drainage, or electricity works constructed by the Minister for Public Works for any council under this Act, or the Acts repealed by

by this Act, or otherwise out of public funds, the Governor, by notification, may direct that a specified sum shall be set aside annually out of the revenue derived from such works in order to provide a reserve for the purpose of effecting renewals of such works. (b) The sum so notified shall he paid each year into a separate account in the council's bank. As soon as may be after such payment the amount set aside shall be invested in Commonwealth or State Government loans or securities or placed on fixed deposit at interest with a bank or with the Treasurer. Interest accruing from such investments or such deposit shall be regularly added to the account and invested in like manner. (c) The fund created by such pay ments and interest accrued thereon shall not be drawn upon by the council except for the purpose of effecting such renewals of the works as may be approved by the Minister for Public Works. (3) (a) In the event of a council making default in respect of the requirements of this section the Governor may direct that the sum notified as aforesaid shall be paid each year into a Special Deposits Account in the Treasury, and if any council fail forth with to comply with such direction the provisions of section three hundred and seventy-six of this Act shall apply as in the case of a council making default in due payment of any instalment. Interest at a rate to be fixed by the Treasurer shall be credited annually to the account by the Treasurer, and the account shall not be drawn upon except for such renewals as may be approved by the Minister for Public Works.
(b)

(b) This subsection shall apply to any existing fund created for the purpose of providing for renewals if the Governor so direct, and to the extent specified in such direction. (c) The provisions of subsections two and three of this section may be suspended or varied in whole or in part in any case where the Governor is satisfied that adequate provision has already been made for the renewal of any works. (ii) by omitting from subsection four of the same section the words "Minister (or the Minister for Public Works) " and by insert ing in lieu thereof the words "Minister for Public Works " ; (f) by inserting in subsection five of section three hundred and ninety-two after the word " Minister " the words " for Public Works " ; (g) (i) by inserting in subsection one of section three hundred and ninety-six after the word " M i n i s t e r " the words "for Public Works"; (ii) by omitting subsection two of the same section and inserting in lieu thereof the following new subsection :-- (2) The Minister for Public Works shall cause inspection to be made of any sewage disposal or treatment works, and may give directions as to their proper maintenance and working in order that their efficiency may be maintained and that nuisance there from may be prevented. Such directions shall be obeyed by the council, and if not so obeyed within a reasonable time after written notice thereof is served upon the council, the said Minister may cause such things to be done for the aforesaid purposes as he may deem necessary, and may recover the expense thereby incurred from the council as a debt.

(h)

(h) by inserting in subsection one of section four hundred and one after the word " may " the words " on the recommendation of the Minister for Public Works " ; (i) (i) by omitting from subsection one of section four hundred and two the words " the Minister or " ; (ii) by omitting from subsection two of the same section the words " the Minister or " ; (j) by inserting at the end of section four hundred and three the following words: " a n d may require the construction of sufficient drains for that purpose, or may, at the cost of the owner, construct drains to dispose of roof, surface, and other waters from the premises so as to conduct the water to the most appropriate gutter or water channel under the control of the council." 1 3 . Part X V I I I of the Principal Act is amended-- (a) by omitting from paragraph (c) of subsection one of section four hundred and twenty-three the words " and sections one hundred and eighty-two and one hundred and eighty-three of the Stock Act, 1901 " ; (b) by inserting in section four hundred and twenty-four at the end of the definition of " occupant " the following words :--" and in respect of a travelling stock and camping reserve includes the Pastures Protection Board under whose control such reserve has been placed under section 26A of the Pastures Protection Act, 1912 " ; (c) by inserting the following words at the end of section four hundred and twenty-seven :-- Where a quarantine area or line has been notified or established under the Stock Diseases Act, 1923, the pound to which the animal shall be taken shall be the pound to which access may be had most conveniently having regard to the provisions of that A c t ; (d)

(d) by omitting from subsection six of section four hundred and thirty-three the words " from the pound " ; (e) by inserting at the end of section four hundred and thirty-six the following new subsection :-- (5) "Where the proceeds of the sale of an impounded animal exceed the fees, charges, and damages payable under this Act in respect of such animal the council shall on request pay such surplus to the owner of the animal. 14. Part X I X of the Principal Act is amended by omitting subsection six of section four hundred and forty-six and inserting the following new subsection in lieu thereof:-- (6) (a) A sum not exceeding three thousand pounds may be expended from the Waverley Cemetery Fund upon the construction or reconstruc tion of the following roads within the municipality of Waverley :-- Boundary street East, St. Thomas street, Trafalgar street, Macpherson street, and the twenty-feet lane at the foot of the cemetery wall, (b) I n addition to the said amount a sum not exceeding three hundred and sixty-five pounds in any one year may be expended from the Waverley Cemetery Fund annually on the maintenance of the following roads in approach or adjacent to the cemetery, namely :-- Chesterfield parade--from Arden street to St. Thomas street. Trafalgar street--from Sc. Thomas street to Hardy street. Boundary street--from St. Thomas street to the Pacific Ocean. Boundary street--from Arden street to St. Thomas street. Twenty-feet lane at foot of cemetery Avail. St. Thomas street--from Macpherson street to Boundary street. Macpherson street--from Albion street to St. Thomas street.

15.

15.

Part X X I I of the Principal Act is amended-- (a) (i) by inserting in subsection one of section four hundred and seventy after the word " declared " the words " by the council " ; (ii) by omitting from subsection two of the same section the words " After the expira tion of two months from the publication of the notice aforesaid, if the occupier of any land has not in the opinion of the council taken reasonable steps to comply with the requirements of this section the council may subject to the provisions of this A c t " and by inserting in lieu thereof the words " After the expiration of one month from the publication of the notice aforesaid, if the occupier of any land has not taken reasonable steps to comply with the require ments of this section the council may, subject to the provisions of this A c t " ;

(b) (i) by inserting in section four hundred and seventy-one after the word " d e c l a r e d " the words " by the council" ; (ii) by omitting from paragraph (a) of sub section one of the same section the words " t w o m o n t h s " and by inserting in lieu thereof the words " one month " ; (iii) by omitting from subsection two of the same section the words " in the opinion of the c o u n c i l " ; (c) by inserting after section four hundred and seventy-one the following new section :-- 471A. (1) "Where any plant or animal has been declared by the Governor to be a noxious plant or animal in all municipalities and shires, or in any district under the provisions of section four hundred and sixty-eight, it shall be the duty of all occupiers, or if there be no occupier the owner, of any land therein to keep) such land free therefrom. (2)

(2) Any occupier or owner offending against the provisions of this section shall he liable to a penalty not exceeding fifty pounds. (3) Proceedings for recovery of a penalty under this section may be instituted by the council or by any person. (4) The council may at its discretion in any case where the occupier or owner fails to destroy any such plant or animal, prior to or subsequently to or in lieu of prosecuting for such offence, cause such plant or animal within such land to be destroyed, and may recover from the occupier or owner, as the case may be, any reasonable expense incurred thereby, (5) The provisions of subsection four of section four hundred and seventy-one shall apply with respect to plants or animals declared to be noxious under section four hundred and sixty-eight. (d) (i) by omitting from section four hundred and seventy-three the proviso to subsection two, and inserting in lieu thereof the following provisos:-- Provided that this subsection shall not apply to dedicated roads which are separated from such lands by fences, and are used as public thoroughfares: Provided also that where a road, whether dedicated or undedicated, which adjoins any such lands is fenced on one side only, the council may notify that the duty to destroy noxious plants and animals upon the whole of such road shall extend to and apply to the person whose unfenced lands the road adjoins. (ii) by inserting in subsection three of the same section after the word " s t a t u t o r y " the words " or public," and after the word " reserves " the words " or public reserves " ; (e)

(e) by omitting from subsection one of section four hundred and seventy-five the word " f o r t y " and inserting the word " eighty." 16. Part X X I I I of the Principal Act is amended-- (a) (i) by omitting from subsection two of section four hundred and ninety-three the words " h o a r d of Water Supply and Sewerage" and by inserting: in lieu thereof the words " Metropolitan Water, Sewerage and Drain age Board " ; (ii) by inserting at the end of the same section the following new subsection:-- (4) Notwithstanding anything contained elsewhere in this Act, a local rate levied under the provisions of this section may be combined with the general rate and the proceeds of the combined rate may be paid into the general fund. Where a combined rate is levied as provided in this section it shall not be necessary to keep the accounts of a local fund. Any sum payable in respect of a guarantee under this section may, pending the making or collection of the combined rate, be paid from the general fund. The provisions of subsections two and three of section one hundred and twentyseven shall apply to a combined rate levied under the provisions of this subsection. (b) by omitting from section five hundred the word " t a r - p a v i n g " and inserting the word " paving " ; (c) (i) by inserting in subsection one of section five hundred and two after the words " bridges across " the words " or subways under " ; (ii) by inserting in subsection two of the same section after the words " provided by " the words " section two hundred and seventythree of " ; (iii)

(iii) by omitting from subsection five of the same section the words "bridge or level crossing" and by inserting in lieu thereof the words " level crossing, subway, or bridge " ; (iv) by inserting in the same subsection after the word " c r o s s i n g " where that word secondly and thirdly occurs the word " subway " ; (d) by omitting section five hundred and eleven. 17. Part X X I V of the Principal Act is amended--

(a) by omitting section five hundred and seventeen and inserting the following :-- 517. (1) The council may agree to pay for any purchase lawfully made, or for the per formance of any work which it might lawfully undertake, by instalments extending over a period of years. (2) Before entering into any such con tract the council shall advertise the proposed conditions of the contract and call for tenders. Such tenders shall be considered on their merits before a decision is arrived at. (3) A council shall not enter into contracts under this section if the amount of the liabilities under such contracts when added to the amount owing by the council as loans shall exceed twenty per centum of the unimproved capital value of all ratable land in the area in the case of a municipality, or in the case of a shire thrice the amount of the income of the shire as shown by the last year's accounts. (A) The council shall not enter into a contract under this section if the amount of the annual payments necessary under such contract when added to the annual payments to be made under any other contract under this section then subsisting in respect of any particular fund shall be more than ten per centum

centum of the estimated income of that fund during the year in which the contract is entered into. (b) (i) by omitting from subsection two of section five hundred and nineteen the words " with out the approval of the Governor " ; (ii) by inserting at the end of the same sub section the words " except upon competition either by public auction or t e n d e r " ; (iii) by inserting at the end of the same section the following new subsections :-- (3) The lease shall reserve the best rent that can reasonably be obtained, regard being had to the circumstances of the case. (4) The term of the lease shall not exceed-- (a) in the case of a building lease, ninetynine years: (b) in any other case, twenty-one years. (c) by omitting from section five hundred and twenty the words " or lease " ; (d) by omitting from subsection one of section five hundred and twenty-two the words " making or repairing such public road, and in building, providing, maintaining " and by inserting in lieu thereof the words " making, repairing, or lighting such public road, and in building, providing, maintaining, l i g h t i n g " ; (e) by omitting from paragraph (d) of subsection two of section five hundred and twenty-four the words " the clause " and by inserting in lieu thereof the words " this section." 1 8 . P a r t X X V I I of the Principal Act is amended as follows :-- (a) I n section five hundred and forty-nine-- (i) by the omission of subsection four and the insertion of new subsection four as follows :-- (4) The number of committeemen constituting an urban committee shall be

be three or such other number as the Governor may determine from time to time. (ii) by adding after subsection six new sub section 6A as follows :-- (6A) If a vacancy in the office of urban committeeman continue after the time prescribed for election thereto the Governor may appoint any qualified person to the vacant office : Provided that where he deems it expedient the Minister may authorise the holding of an election to fill the vacant office. (b) (i) by omitting from subsection two of section five hundred and fifty-one the words " o n l y for the benefit of an urban area shall be secured o n l y " and by inserting in lieu thereof the words " upon the application of an urban commit tee or for the benefit of an urban area shall be secured primarily " ; (ii) by omitting subsection four of the same section. (c) by adding after section five hundred and fiftyfour the following new sections :-- 554A. Notwithstanding anything contained in sections five hundred and fifty and five hundred and fifty-one of this Act, the accounts of an urban committee may, at the request of the urban committee, be kept by the council, and the urban committee may authorise the president and clerk to draw cheques upon its bank accounts for the purpose of meeting expenditure authorised by the urban committee. 554 B . Where an urban area has been established and there is no urban committee of that area in office the council may exercise in relation to the urban area the powers given by this Act to an urban committee or which the council could exercise upon the application or request of an urban committee,
L

19.

1 9 . (1) Part amended--

XXIX

of

the

Principal

Act

is

(a) (i) by inserting in subsection eight of section five hundred and sixty-two after the word " c o u n c i l " the words "for any reason set out in section thirty-live or section thirtysix"; (ii) by inserting in subsection fourteen of the same section after the words " county council" the words " a n d the Minister" ; (iii) by inserting at the end of the same section the following new subsection :-- (15) Where a vacancy in the office of delegate continues after the time prescribed for election thereto, the Governor may appoint any member of the councils concerned to fill the vacant office: Provided that where he deems it expedient the Minister may authorise the holding of an election to till the vacant office. (b) (i) by omitting paragraphs (a), (b), and (c) of subsection three of section five hundred and sixty-three, and by inserting in lieu thereof the following new paragraphs :-- (a) within one month after the date of the first election or appointment of the county council; and (b) within one month after the date of each subsequent general election or an appointment of the whole of the county council; and (c) within the month of December in each of the years intervening between the years of the general elections of the county council; and (d) within ore month after the occur rence of a vacancy.

(ii)

(ii) by inserting next after subsection three of the same section the following new subsection :-- (3A) The chairman may resign bis office by letter to the county council. (iii) by inserting at the end of the same section the following new subsection :-- (11) The county council may pay to its chairman an allowance during his term of office. (c) by omitting the proviso to subsection four of section five hundred and sixty-five inserted by section thirty-five of the Local Government (Validation and Amendment) Act, 1922, and by adding a proviso in the same terms at the end of subsection four of section five hundred and sixty-four; (d) by inserting at the end of paragraph (a) of section five hundred and seventy-three the following words: " w i t h o u t limiting the generality of the foregoing power applying any of the provisions of sections twenty-six, thirty, thirty-one, thirty-five, forty-eight, eighty-six, or of Part V I I I of this A c t ; and " (2) Part I of the Principal Act is amended by inserting in the definition "office" or "civic office " after the word " a l d e r m a n " the words " or chairman or member of a county council." (3) Section thirty-five of the Local Government (Validation and Amendment) Act, 1922, is hereby repealed. 2 0 . Part X X X of the Principal Act is amended-- (a) by omitting from subsection three of section five hundred and ninety the words " a council" and inserting the words " the clerk " ; (b) by inserting at the end of section five hundred and ninety-one the following new paragraph :-- (c) in any case by an officer of the Board of Health appointed by that board in that behalf either generally or in respect of any special proceeding. (c)

(c) by omitting from subsection five of section six hundred and three the words " without obtaining the approval of the Governor to such purchase " ; (d) by omitting from paragraph (f) of subsection three of section six hundred and lour the words " by o r d i n a n c e " and by inserting in lieu thereof the words " by regulations made under the Conveyancing Act, 1919 " ; (e) by omitting from subsection two of section six hundred and eight and from section six hundred and nine the words and figures " Part I I I of the Trustee Act, 1898 " and by inserting in lieu thereof the words and figures " Part I V of the Trustee Act, 1925 " ; (f) (i) by omitting from subsection one of section six hundred and ten the words and figures "sections fifty-nine, sixty-one, and sixtythree of the Trustee Act, 1898--(a) the particular " and by inserting in lieu thereof the words and figures " Part I V of the Trustee Act, 1925--(a) t h e " ; (ii) by omitting subsection two of the same section. (g) by inserting in subsection two of section six hundred and eleven after the figures " 1898 " the words and figures " o r under Part I V of the Trustee Act, 1925 " ; (h) by inserting next after section six hundred and twenty-five the following new section :-- 625A. Where the value of land is an issue to be determined in any court, a notice under section one hundred and sixty-three coming from the custody of the council may, if the transfer of the land to which the notice relates, or the purchase price or consideration therefor is, in the opinion of the court, material to be considered, be received as prima facie evidence of the contents thereof, and without proof of the signature of the person or persons by whom the notice purports to have been signed. (i)

(i) in section six hundred and forty-- (i) by inserting after subsection one the following new subsection, namely :-- (1 A ) Any penalty, fine, or forfeiture under this Act or any ordinance made thereunder recovered in proceedings instituted by a member of the police force or by an officer of the Board of Health shall be paid to the Consolidated Revenue Fund. (ii) by inserting at the commencement of subsection two the words " subject to the provisions of this section " ; and by inserting in the same subsection after the words " police force " the words " or an officer of the Board of Health." (j) by inserting at the commencement of subsec tion two of section six hundred and forty-seven the words " except with the consent of any council the interests of which may be con cerned " ; (k) by omitting subsection two of section six hundred and forty-nine and by inserting in lieu thereof the following new subsection :-- (2) The person holding the inquiry shall have the powers conferred by the Royal Commissions Act, 1923, on a commissioner appointed under Division 1 of Part I I of that Act, and the said Act, section thirteen and Division 2 of Part If excepted, and the provisions of section one hundred and fifty-two of the; Justices Act, 1902, shall mutatis mutandis apply to any witness or person summoned by or appearing before such person. (1) (i) by omitting paragraph (d) of subsection five of section six hundred and fifty-four and by inserting new paragraph (d) in lieu thereof:-- (d) the Metropolitan "Water, Sewerage and Drainage Board; (ii)

(ii) by omitting from paragraph (n) of the same subsection the word " and " ; and by adding at the end of subsection five the following new paragraphs:-- (p) the Grafton and South Grafton Water Hoard; (q) the Forestry Commission of New South Wales; (r) the Main Roads Board of New South Wales. 2 1 . (1) Schedule Three of the Principal Act is amended-- (a) by omitting subclause two of clause ten and inserting the following subclause in lieu thereof:-- (2) Lands which arc separately owned, or lands which do not adjoin shall be separately valued provided that all lands valued on a freehold basis which are separated by a road generally used by the public may be included in one valuation if owned by the same person and worked as one holding. (b) by inserting at the end of subclause two of clause nineteen the following new paragraph:-- (g) determine whether any part of the land included in a valuation is ratable, and the value of that part. (2) The Principal Act is further amended-- (a) by omitting from section four, from section three hundred and sixty-eight, from section six hundred and fifty-one, and from clause twenty-four of Schedule Three the words " B o a r d of Water Supply and Sewerage" and by inserting in lieu thereof the words "Metropolitan Water, Sewerage and Drainage Board" ; (b) by omitting from section three hundred and sixty-eight and from section four hundred and five and clause twenty-four of Schedule Three the words "Metropolitan Water and Sewerage Act of 1 8 8 0 " and by inserting in lieu thereof the words " Metropolitan Water, Sewerage, and Drainage Act, 1 9 2 4 " ; (c)

(c) by inserting at the end of subsection four of section four hundred and twenty the following words:-- For the purposes of this subsection " sitting days " means days upon which a House meets for the despatch of business; and a proroga tion or dissolution of Parliament shall not prevent the running of the fifteen sitting clays within which the notice of motion to disallow an agreement or part is to be given. 2 2 . The Woollahra Loan Act, 1918, is amended-- (a) by omitting section four and by inserting in lieu thereof the following new section : -- 4. The council shall in each year com mencing with the year beginning on the first day of January next following the commencement of the Local Government (Amendment) Act, 1927, levy a loan rate on the unimproved capital value of all ratable land in the munici pality for the purpose of paying interest on and repaying the principal of the loan, and shall continue to levy such rate each year until the sum borrowed shall have been repaid. (b) by omitting the Schedule to the said Act. 2 3 . The proclamations respecting-- (a) Wellington Water Supply, published in the Government Gazette number sixty-seven of the eighth day of June, one thousand nine hundred and twenty-three; (b) Ballina Water Supply, published in the Govern ment Gazette number one hundred and five of the seventh day of July, one thousand nine hundred and twenty-two; (c) Peak Hill Water Supply, published in the Government Gazette number sixty-nine of the fifteenth day of June, one thousand nine hundred and twenty-three; (d) Gunnedah Water Supply, published in the Government Gazette number forty-four of the thirteenth day of April, one thousand nine hundred and twenty-three; (e)

(e) Balranald Water Supply, published in the Government Gazette number sixty-five of the eighth day of May, one thousand nine hundred and twenty-three ; (f) Cootamundra Water Supply, published in the Government Gazette number one hundred and seventy-one of the twenty-fourth day of December, one thousand nine hundred and twenty-five, shall be deemed to have been valid and of full force and effect notwithstanding that any such proclamation may have affected a thing done before the publication thereof. 2 4 . The securities given by the Blaxland Shire Council and the Bellingen Shire Council respectively during the year one thousand nine hundred and twentyfive to secure the repayment of the respective sums of five thousand pounds and nine thousand pounds borrowed for the purpose of establishing electricity supply undertakings in the Portland and Bellingen urban areas respectively are hereby validated. 2 5 . The Municipal District of Wrightville Naming Act of 1902 is hereby repealed. 2 6 . (1) The Impounding Act, 1898, is amended by inserting next after section seven the following new sections:-- 7 A. (1) Every poundkeeper shall keep copies of the latest edition of the brand directories and of subsequent Gazettes containing lists of the brands subsequently registered and the names and residences of the proprietors thereof; and shall, on the receipt of a fee of one shilling, permit a search in such brand directories and Gazettes at all reason able hours. (2) Every poundkeeper who fails to comply with any requirement of this section shall, for every such offence, be liable to a penalty not exceeding five pounds. 7B. (1) When any cattle or horses are impounded, the poundkeeper shall forthwith send notice thereof to the proprietor of the brand which appears last in order on such cattle or horses. (2)

(2) Every pounclkeeper Avho neglects or delays to send any such notice shall, for every such offence, he liahle to a penalty not exceeding ten pounds. (2) Nothing in this section shall affect the operation of paragraph (c) of suhsection one of section four hundred and twenty-three of the Local Government Act, 1919, as amended hy this Act. 2 7 . The Main Roads Act, 1924, is amended hy ^ inserting in section three next after the definition of " Metropolitan Main R o a d " the following definition :-- " Minister " means the Minister of the Crown for the time being administering this Act.