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©State of Queensland
QUEENSLAND
MAIN ROADS ACT 1920-1979
[Reprinted as at 1 August, 1980]
Main Roads Act of 1920, 10 Geo. 5 No. 26 As amended by
Main Roads Act Amendment Act of 1922, 13 Geo. 5 No. 24 Main Roads Act Amendment Act of 1923, 14 Geo. 5 No. 12 Main Roads Acts Amendment Act of 1925, 16 Geo. 5 No.9 Main Roads Acts Amendment Act of 1928, 19 Ceo. 5 No. 11 Main Roads Acts Amendment Act of 1929, 20 Geo. 5 No. 23 Main Roads Acts Amendment Act of 1934, 25 Geo. 5 No. 36 Main Roads Acts Amendment Act of 1939, 3 Geo. 6 No. 20 Main Roads Acts Amendment Act of 1942, 6 Geo. 6 No. 32 Main Roads Acts Amendment Act of 1943, 7 Geo. 6 No. 17
Main Roads Acts and Another Act Amendment Act of 1952, 1 Eliz. 2 No. 14, Part II
i\lain Roads Acts Amendment Act of 1959, 8 Eliz. 2 No.3 Main Roads Acts Amendment Act of 1960, 9 Eliz. 2 No. 45 Main Roads Acts Amendment Act of 1962, 11 Eliz. 2 No.6 Main Roads Acts Amendment Act of 1963, No. 22
Main Roads Acts Amendment Act of 1964, No. 39
Traffic Acts and Other Acts Amendment Act of 1965, No. 26, Part
In
Acquisition of Land Act of 1967, No. 48, s. 3 (2), First Schedule Main Roads Acts Amendment Act of 1968, No. 16
Metric Conversion Act 1972, No. 31, Part II, First Schedule
Part II and First Schedule in relation to this Act commenced 15 October 1973 (Proc. pubd. Gaz. 13 October 1973, p. 763).
Limitation of Actions Act 1974, No. 75
Main Roads Act Amendment Act 1975, No. 75 Main Roads Act Amendment Act 1976, No. 94
State Development and Public Works Organization Act and Other Acts Amendment Act 1979, No. 26, Part V
2 ss. 1,2 MAIN ROADS ACf 1920-1979
An Act to make better provision for the Construction and Maintenance of Main Roads and for other purposes
[Assented to 8 March, 1920]
BE IT ENACfED by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
1. Short tide and commencement of Act. This Act may be cited as The Main Roads Act of 1920, and shall corne into operation on the first day of January, one thousand nine hundred and twenty.
Collective title conferred by Act of 1979, No. 26, s. 30 (2).
2. Interpretation. In this Act, unless the context otherwise indicates, the following terms have the meanings respectively assigned to them, that is to say:-
"Area"-The Area ofa Local Authority;
"Assistant Commissioner"-An Assistant Commissioner of Main Roads appointed under this Act: The term includes a person appointed to act in, or for the time being performing the duties of the of/lee of an Assistant Commissioner of Main Roads;
"Authorised person"-Any person who has been aUlhorised by the Commissioner under this Act to do and perform the act or thing in question;
"Building"-Includes any fixed structure which is either wholly or in part enclosed by walls and/or which is wholly or partly roofed;
"Commissioner"-The Commissioner of Main Roads appointed under this Act: The term includes a person appointed to act in, or for the time heing performing the duties of the office of the Commissioner of Main Roads;
"Co-ordinator-General"-The Co-ordinator-General of Public Works within the meaning of The State Development and Public Works Organisation Act of 1938;
"Cycle track"-Any cycle track declared to be a cycle track under this Act or any part of such cycle track;
"Declared road"-Any road declared to be- (a) a State highway;
(b) a main road;
(c) a developmental road;
Cd) a secondary road;
(e) an urban arterial road; or (f) an urhan sub-arterial road,
under this Act and includes any part of any such road;
MAIN ROADS ACT 1920-1979 s.2, 3
"Deputy Commissioner"-The Deputy Commissioner of Main Roads appointed under this Act: The term includes a person appointed to act in, or for the ,time being performing the duties of, the office of Deputy Commissioner of Main Roads;
"Developmental road"-Any road route or means of access declared to be a developmental road under this Act, or any part of such developmental road;
"Employce"-Any person whomsoever employed by the Com- missioner under this Act;
"Fund"-The Main Roads Fund created by this Act;
"Land"-As well as land within the meaning assigned to that term by The Public Works Land Resumption Acts, 1906 to 1955 (or by any Act amending or substituted for those Acts), includes any land, or any estate or interest in any land, held under any tenure or subject to any trust under any Act mlat- ing to the occupation, leasing or alienation of Crown land:
the term also includes any land held from the Crown under an occupation license under and within the meaning of The Land Acts, 1910 to 1951 (or any Act amending or substituted for those Aots);
"Local Authorities Acts"-The Local Authorities Acts, 1902 to 1917, and The Local Works Loans Acts, 1880 10 1918, and any Act amending or in substitution for those Acts or any of them;
"Local Authority"-A Local Authority constituted under the Local Authorities Acts: the .term includes the City of Bris- bane constituted under The City of Brisbane Acts, 1924 to
1933 (or any Act amending the same);
"Main road"-Any road declared to be a main road under this Act, or any part of such road;
"Maintenancc"-lncludes all works of every description which are in the opinion of the Commissioner calculated to keep a declared road, and any drain draining such declared road, in the same state of utility as when the road in queslion was declared under this Act or, if permanently improved sub- sequent to such declaration, as resulted from the permanent improvement effected thereto and all works of every des- cription relating .to that declared road, and any drain draining that declared road, which are in the opinion of the Com- missioner calculated to eliminate or reduce the cost of
recurring works: The term also includes-
(i) The destruction and eradication of noxious weeds and plants upon a declared road;
(ii) All sums, including costs incurred by or recovered against the Commissioner in any proceeding, for which the Com- missioner shall become legally liable in respect of any declared road for accidental bodily injury, fatal or non- fatal, to any person or for damage to any property;
4 5.2 MAIN ROADS ACT 1920-1979
(iii) The provisions and maintenance of traffic lines and other traffic signs, the replacement of planted trees, and the protection of trees, natural or planted, upon any declared road;
"Manual of Uniform Traffic Control Devices"-The Manual of Uniform Traffic Control Devices under and within the mean- ing of The Traffic Acts, 1949 to 1965;
"Median"-A strip of a road formed, prepared or set aside (including by means of the construction, erection, placing or marking thereon or therein of anything) so as to divide" such road longitudinally into separate carriageways;
"Mining area"-Any land (including land within the meaning of this Act) comprised within or forming part of any mine, goldfield, mineral field, new goldfield, new mineral field, coal- field, mining tenement, miner's homestead,· mining lease, miner's common, claim, busines'S area, drainage area, residence area, prospecting area, reserve, or any other area held under permit or lease, or any other tenure under all or any of the fonowing Acts, namely:-
(a) The Mining Acts, 1898 to ]930, or (b) The Coal Mining Acts, 1925 to 1928, or (c) The Petroleum Acts, 1923 to 1929, or
(d) The Mining on Private Land Acts, 1909 to 1929, or (e) Any other Act or law relating to mining, or
(f) Any other Acts amending or in substitution for the Acts referred to in paragraphs (a) to (e),
and in every case, whether such mining area is in existence before, on, or afte.r the passing of The Main Roads Acts Amendment A ct of 1934;
"Minister"-The Minister for Development, Mines, Main Roads and Electricity or other Minister of the Crown charged for the time being with the administration of this Act;
"Motorway"-. Any declared road des·ignated a motorway under this Act, or any part of such road;
"Newspapcr"-A newspaper printed and published and generally circulating in the Area or Jocality in question, and if no news- paper is so printed and puhlished then some newspaper gcnc- rally circulating in such Area or locality;
"Obstruction"--Includes any tramway, drain, gutter, hedge, ditch, embankment, cutting, erection, bridge, fence, gate, grid, pole, hole, heap, or rubbish or any other matter or thing whatsoever not being a building as herein defined;
"Occupier"-The person in actual occupation of land or if there is no person in actual occupation, the person entitled to the possession of the J and;
2
MAIN ROADS ACT 1920--1979 s.2 5
"Officer"-The Deputy Commissioner of Main Roads, the Chief Engineer, an Assistant Commissioner of Main Roads, the Secretary, or other officer appointed for the due and proper administration of this Act;
"Offidal traffic sign "-Any official traffic sign under and within the meaning of The Traffic A cIs, 1949 to ] 965;
"Owner"-The person for the time being entitled to receive the rents and profits of the land in connection with which the word is used, whether on his own account or as the agent of or trustee for any other person, or who would be entitled to receive the same if the land were let at a rent: the term includes the registered proprietor under the Acts relating .to Real Property and any person seised of a legal interest in land;
"Permanent improvement"-Includes all works of every descrip- tion, exclusive of maintenance, calculated in the opinion of the Commissioner to increase the utility of a declared road, and also drains for draining a declared road;
"Permanent works"-Includes any new declared road and all permanent improvements to any declared road;
"Person" includes corporation, company association, syndicate, firm, and partnership;
"Prescribed"-Prescribed by this Act;
"Regulations"-Regulations made under the authority of this Act;
"Revenue" shall be deemed to be all moneys paid to the credit of any fund under this Act, exclusive of any moneys provided from State Loan Funds;
"Road"-Any road, whether surveyed or unsurveyed, dedicated to public use as a .road and any track used by the public as a road .through any vacant Crown ]and, any pastoral holding, or any reserve, the boundaries of such track not being defined by survey and the area occupied by such track not being especially dedicated for public use as a road: the term also includes bridge, culvert, ferry, and ford;
"Secondary road"-Any road declared to be a secondary road under this Act, or any part of such road;
"Secretary"-The Secretary of the Commissioner of Main Roads:
The term includes a person appointed to act in, or performing for the time being the duties of, the office of Secretary;
"Statehighway"-Any road declared to be a State highway under this Act, or any part of such road;
"This Act"-This Act and all regulations, proclamations, and Orders in Council made thereunder;
6 s.3 MAIN ROADS ACf 1920-1979
"Tolls" or "Toll fees"-Any fees payable under this Act or the regulations ,thereunder for the privilege of passing over any bridge, ferry, wharf, jetty, landing stage, or section of road;
"Traffic device"-Any post, fence, raised paving, roundabout, safety zone, traffic island, median, place of refuge or other work or structure erected, placed or marked on or upon any road by the Commissioner under this Act;
"Urban arterial road"-Any road declared to be an urban arterial road under this Act, or any part of such road;
"Urban Roads Fund"--The Urban Roads Fund created by this Act;
"'Urban sub-arterial road"-Any road declared to be an urban sub-arterial road under this Act, or any part of such road.
As amended by Act of 1923, 14 Geo. 5 No. 12, s. 2; Act of 1925, 16 Geo. 5 No.9, s. 2; Act of 1928, 19 Geo. 5 No. 11, s. 2; Act of 1929, 20 Geo. 5 No. 23, s. 2; Act of 1934, 25 Geo. 5 No. 36, s. 2; Act of 1939, 3 Geo. 6 No. 20, s. 2;
Act of 1942, 6 Geo. 6 No. 32, s. 2; Act of 1943, 7 Geo. 6 No. 17, SS. 2, 8 (I);
Act of 1952, 1 Eliz. 2 No. 14, s. 4; Act of 1959, 8 E1iz. 2 No.3, s. 2; Act of 1962, 11 Eliz. 2 No.6, s. 2; Act of 1964, No. 39, s. 2; Act of 1965, No. 26, s. 40; Act of 1968, No. 16, s. 2.
3. (1) Appointment of Commissioner. The Governor in Council
!11,{Y from time to time, by commission under his hand and the public seal of the State, appoint a Commissioner of Main Roads for a term not exceeding seven years.
Any person appointed to the office of Commissioner of Main Roads shall---
(a) (i) Hold a degree in civil engineering; or
(ii) be a chartered engineer of at least five years standing;
(b) Have had extensive experience in road and bridge location, design, construction and maintenance; and
(c) Have had extensive administrative experience.
(2) Disabilities. The Commissioner shall not act as a director or auditor or in any other capacity take part in the management of any bank, joint stock company, or other financial institution, or of any trade or business, or acqu ire or ho.Jd any interest in any land which is or may be required to be acquired, taken, or occupied for the purposes of this Act;
and in ,lilY such case shall be disqnalified from holding the oH1cc of Commissioner.
(3) (Repealed).
(4) Salary. The Commissioner shall during his continuance in off1ce receive an annual salary to be fixed by .the Governor in Council.
Such salary shall be a charge upon and be paid out of the Fund, which is hereby permanently appropriated for that purpose.
(5) Future appointments. In respect of any appointment of a Commissioner subsequent to the appointment hereinbefore provided for, i
r
in the opinion of the Governor in CouncHit is desirable so ,to do, the persoll appointed to be the Commissioner may be appointed on probation only and may be continued on probation for any period not exceedingMAIN ROADS ACT 1920-1979 s.3 7
twelve months, and at the end of the period of probation may be con- firmed in his office as Commissioner by the Governor in Council, or, if not so confirmed, shaH vacate his office, whereupon another qualified person may be appointed to be Commissioner.
(6) Suspension and removal. The Commissioner may be suspended from his offic-e by the Governor in Council, but shall not be removed from office except as hereinafter provided.
If the Commissioner is so suspended the Minister shall cause to be laid before the Legislative Assembly a full statement of the grounds of such suspension within seven days thereafter, if the Legislative Assembly is in session, or if the Legislative Assembly is not in session, with seven days after the commencement of the next ensuing session of the Legislative Assembly.
The Commissioner so suspended shall be restored to office unless the Legislative Assembly within twenty-one days from the time when such statement has been laid before it declares by resolution that the Com- missioner ought to be removed from office; and if within the said time the Legislative Assembly so declare, the Commissioner shall be removed hy the Governor in Council accordingly.
(7) Office how otherwise vacated. The Commissioner shall be deemed to have vacated his office-
e
a) If he is or becomes disqualified under this Act from holding the office of Commissioner;(b) If he engages during his {erm of office in any employment outside the duties of his office;
(c) If he becomes insolvent or institutes proceedings for liquida- tion of his affairs by arrangement or composition with or assigns his salary for the benefit of his creditors;
(d) If he absents himself from duty for a period of fourteen con- secutive days except on leave granted by the Minister
e
whichleave is hereby authorised tobe granted) or becomes incap- able of performing his duties;
(e) If he becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Com- missioner or in any wise participates or claims to be entitled to participate in the profit thereof or in any benefit or emolument arising therefrom.
( 8) Filling up vacancies. On the occurrence of any vacancy in the office of Commissioner, whether by effiuxion of time or otherwise how- soever, the Governor in Council may appoint a qualified person to fill the vacancy.
(9) Case of illness or absence. In the event of the illness or absence of the Commissioner, the Minister may appoint an employee, who shall during such illness or absence have and exercise all the powers, functions, and authorities, and perform all the duties of the Commissioner, and shall be deemed to be the Commissioner.
8 SS. 3A, 3a MAIN ROADS ACT 1920-1979
(10) Case of suspension or death. In the case of suspension or death of the Commissioner the Minister shall appoint some person who shall, under the direction of the Minister, have and exercise all the powers, functions, and authDrities, and perf_orm all the duties of the Commissioner and be deemed for the purposes of this Act to be the Commissioner until in the case of suspension the Commissioner has been restored to office, or until in the case Df suspensiDn and removal from office after suspension or death the Governor in Council has appointed a qualified person to be Commissioner:
Provided, however, that an appointment made by the Minister under this su.bsection shall nDt be fDr a longer period than six months, but if necessity arises a further appointment of the same or another person may be made by the ~ster for the like purpose for another period not exceeding six months.
Substituted by Act of 1925, 16 Geo. 5 No.9, SS. 3 (I), 4; as amended by Act of 1962, 11 Eliz. 2 No.6, s. 3; Act of 1968, No. 16, s. 3.
3A. Appointment of Deputy Commissioner and Chief Engineer. (I) The Governor in Council may from time to time appDint a Deputy Com- missioner of Main Roads and a Chief Engineer.
Subject to this Act,every such appointee shall be appointed to and hold his office under, subject to and in accordance with The Public Service A cIs, 1922 to 1960.
(2) Confirmation in office. The person who immediately prior to the date of the passing of The Main Roads Act Amendment Act of 1964 held the office of the Deputy Commissioner of Main Roads and Chief Engineer shall, without further Dr other appointment whatsoever, be deemed to have been appointed under The Public Service Acts, 1922 to 1963, as the Deputy Commissioner of Main Roads and shall hold office accordingly.
(3) Any person appointed to the office of Deputy Commissioner of Main Roads or to the office of Chief Engineer shall-
(a) (i) Hold a degree in civil engineering; or (ii) be a chartered engineer;
(b) Have had extensive experience in road and bridge location, design, construction and maintenance; and
(c) Have had administrative experience.
Inserted by Act of 1962, II Eliz. 2 No.6, s. 4; as amended by Act of 1964, No. 39, s. 3.
3B. Appointment of Assistant Commissioners. (1) The Governor in Council may from time to time appoint such and so many Assistant Commissioners of Main Roads as he considers necessary.
Subject to this Act,every such appointee shall be appointed to and hold his office under, subject to and in accordance with The Public Service Acts, 1922 to 1960.
An Assistant Commissioner may be appointed generaJly or in respect of a specified portion of the State.
MAIN ROADS ACT 1920-1979 ss.4-6 9 (2) An Assistant Commissioner shall give such advice and assistance to the Commissioner as the Commissioner requires, and shall perform such duties as the Commissioner from time to time directs.
(3) Any person appointed to the office of Assistant Commissioner sha11-
(a) (i) Hold a degree in civil engineering; or (ii) be a chartered engineer; and
(b) Have had extensive experience in road and bridge location, design, construction and maintenance.
Inserted by Act of 1962, 11 Eliz. 2 No.6, s. 4.
4. Judicial notice of appointments, &c. All courts, Judges, justices and persons acting judicially shall take judicial notice of the appointment of the Commissioner, and of any officer, and of their respective signatures, and of the seal of the Commissioner affixed to any document, notice or other writing whatsoever, and, until the contrary is proved, shall presume that it is the seal or, as tile case may be, signature it purports to be and that it was duly affixed.
Sub,tituteu by Act d 1962, 11 EJil. 2 No.6, .'. 5; a, amended by Act of 19M, N(\ . . \9, S. 4; Act of 1%8. N(). 16, S. 4.
5. Corporation. The Commissioner, representing the Crown, shall be a corporation sole by the name of "The Commissioner of Main Roads,"
and by that name shall have perpetual succession and an official seal, and sMIl be capable in law of suing and being sued, and shall have power to take, purchase, sell, exchange, lease, and hold land, goods, chattels, and other property, and subject to this Act may do any acts not otherwise unlawful which may be necessary to the proper exercising and performance qf the powers, functions, and duties of the Commissioner under this Act to the same extent as a private person may do.
The Commissioner, as such corporation, for all the purposes of this Act shall have and may exercise all the powers, privileges, rights, and remedies of the Crown.
Substituted by Act of 1925. 16 Geo. 5, No.9, s-;. 3, 4; as amended by Aet of 1952. 1 Eliz. 2 No. 14, s, 5.
6. Employees. The Governor in Council shall appoint a Secretary of the Commissioner of Main Roads and may appoint all such officers as he deems necessary for the due and proper administration of this Act.
The Secretary and other officers shall be appointed and hold their respective offices under, subject to and in accordance with Tlie Public Service Acts, 1922 to 1960.
The Secretary and all other officers appointed under this Act and ho:ding office immediately prior to the commencement of The Main Roads Amendment Act of 1962 shall, without further or other appoint- ment, be deemed appointed to their respective offices pursuant to and for the purposes of this Act.
10 SS. 6A, 7 MAIN ROADS ACT 1920-1979
The Secretary shall have power to execute documents on behalf of the Commissioner and affix the official seal thereto, and shall also have such other powers and perform such other duties as are from time to time appointed by the Commissioner.
The Commissioner shall employ such employees and workmen as may be necessary for the carrying into execution of works under this Act or otherwise for carrying its provisions into full effect.
Subject always to any award under The Industrial Conciliation and Arbitration Act of 1961, the Commissioner shaH out 'Of moneys from time to .time appropriated by Parliament for the purpose pay such salaries, wages, and allowances to his employees respectively as he thinks proper.
No employee shall, without permission of the Commissioner, engage in any employment outside the duties of his ·engagement under this Act.
Substituted by Act of 1925, 16 Geo. 5 No.9, 5S. 3 (1), 4: as amended by Act of 1962, 11 Eliz. 2 No.6, s. 6; Act of 1963; No. 22, s. 2.
6A. Authorised persons. (1) The Commissioner may by instrument
In writing under his hand authorise any person to do and perform such dctS and things as are specified in such instrument.
The Commissioner may authorise the holder of any office to do and perform the acts and things specified and in every such case each succes- sive holder of the office in question and each person who for the time being occupies or performs the duties of that office may do and perform without further or other authority and while he holds or occupies or performs the duties of that office the acts and things specified.
(2) The Commissioner may, at his will, revoke an authority given by him under this section.
Inserted by Act of 1968, No. 16, s. 5.
7. Power of delegation. (1) The Commissioner, with the prior approva1 of the Minister, may .from time to time, in relation to any matters or class of matters, or in relation to a particular part of the State, by instrument in writing under his hand, delegate all or any of his powers, functions, authorities and duties under this Act as may be specified in the instrument (other than this power of delegation) so that the delegated powers, functions, authorities and duties may be exercised or, as the case may be, shall be performed by the delegate with respect to the matters or class of matters or in relation to the particular part of the State specified in the instrument.
(2) Where, by or under this Act, the exercise 'Of a power, function or authority or the performance of a duty of the Commissioner is depend- ent upon the opinion, belief, or state of mind of the Commissioner in relation to any matter, that power, function or authority may be exercised or .the duty performed, upon the opinion, belief, or state of mind of the person to whom it is delegated by an instrument of delegation under this
section. .
MAIN ROADS ACT 1920-1979 SS. 8,9 11 (3) The Commissioner may, at his will, revoke a delegation made by him under this section, and the Commissioner shall, if thereunto directed by the Minister, revoke such a delegation.
No delegation shall prevent the exercise of any power, function or authority, or the performanc'e of any duty by the Commissioner.
(4) The Commissioner, subject in every case to prior approval by the Minister. may make such and so many delegations under this section and to such number of persons, as he may consider necessary or desirable.
(5) Any instrument, document or writing whatsoever which purports-
(a) (b)
to be signed by any person; and
to be a licence, permit, approval, document or writing under or for any purpose of this Act (including the exercise or performance by the Commissioner of any power, authority, function or duty conferred or imposed upon him by this Act), shall b~ presumed to have been granted, issued, made, given or done by sLlch person in accordance with an instrument of delegation under this section and, until the contrary is proved, shall accordingly be as valid and effectual as if it had been granted, issued, made, given or done by the Commissioner.
Sub.;tituted by Act of J 959, 8 Eliz. 2 No.3, s. 3; as amended by Act of 1968, No. 16, s. 6.
8. (J) Confirmation of decisions of Commissioner. Except as provided in subsection (2) of this section, every decision of the Commis- sioner shall be submitted for his confirmation to the Minister within fourteen days after that decision has been placed on record under the hand of the Commissioner or of the Secretary.
A decision of the Commissioner shall not take effect unless and until it has been so confirmed by the Minister.
(2) Routine, &c., matters. The provisions of subsection (1) of' this section shal1 not apply in respect of any decision of the Commissioner as to anv matter which the Governor in Council declares to be a routine matter
0;'
a matter of minor importance.Substituted by Act of 1962, 11 Eliz. 2 No.6, s. 7.
9. Commissioner to make surveys, &c., and purchase roadmaking machine)):, Subject to this Act, the Commissioner may from time to time underta ke the duties and exercise the powers hereunder mentioned:-
( I) He may carry out all such surveys and investigations as are deemed necessary or expedient to ascertain, in each of the three Divisions of' the State- .
(a) What roads should be declared respectively State highways, main roads, developmental roads, secondary roads, urban arterial roads and urban sub-arterial roads;
(b) The nature and extent of the resources of the State in metals, minerals, timber, and materials suitable for road construction and maintenance, and the most effective
12 s.9 MAIN ROADS ACT 1920-1979
and economical methods for dealing with the same and for supplying or utilising the same for the said purposes in the State or any part thereof;
(C) The most effective methods of road construction and main- tenance in the State or any part thereof:
(d) What deviations (if any) in existing roads or what new roads should in his opinion be made so as to facilitate effective land settlement and -C-ommunication and improve the conditions of traffic:
And the Commissioner shall record, publish, and make availabJe for general information the results of all such surveys and investigations:
(2) He may prepare and make available a standard specification of materials, des·ign, and grade of roads for each Division of the State:
(3) He may take, purchase, erect, rent, contract for the use of, or otherwise provide land and buildings required for the purposes of this Act and may purchase all necessary machinery, tools, implements, plant, equipment, and materials: He may take such additional areas of land adjacent to a declared road as may be deemed necessary for the park- ing of vehicles, or for widening the road in question, or for the erection of any telegraph line under and within the mean- ing of the Post and Telegraph Act 1901-1950 of the Commonwealth or any electric line under anLi within the meaning of The Electric Light and Power Acts, 1896 to 1946, or for any other public purpose, and the additional areas so taken shall be deemed to be part of the declared road to which they are adjacent: He may, notwithstanding any Act or law to the contrary, also take such additional areas of land not adjacent to a declared road as may be deemed necessary for scenic purposes or for the purpose of providing or improving facilities and/or conveniences for the users or the road in question.
The Governor in Council on the recommendation of the Commis- sioner may by Order in Council declare that any area of land taken for scenic purposes or for providing the facilities and/or conveniences afore- said shall be either-
(i) A national park in pursuance of The State F oresis and National Parks Act of 1906 (or any Act amending or in substitution for the same); or
Oi) Permanently reserved for public purposes under and subject to the provisions of section one hundred and eighty-one of The Land Acts, 1910 to 1932; or
(iii) Offered for sale as Perpetual Town Leases, Perpetual Suburban Leases, or Perpetual Country Leases in pursuance of section one hundred and twenty-one of The Land Acts, 1910 to 1932:
MAIN ROADS ACf 1920-1979 S.9A l3 Provided that where any such land is permanently reserved for public purposes the Commissioner shall be created the trustee thereof, and the provisions of The Land Acts, 1910 to 1932, relating to trustees in control of lands permanently reserved for public purposes shall apply and extend accordingly.
The Commissioner may, with the approval of the Governor in Council by Order in Council, take or lease such land or acquire such easement as may be necessary to provide access to any national park or scenic reserve, and if private road works exist on any such land he may maintain the same.
For the purpose of .taking any land the taking of which is authorised or approved by the Governor in Council under this Act, the Commissioner shall be a constructing authority under "The Acquisition of Land Act of 1967,"
and, subject to this Act, that Act shall apply and extend accordingly:
Provided that where the Commissioner shall have commenced to take any land under the provisions of this Act as in force immediately prior to the passing of The Main Roads Acts and Another Act Amendment Act oj 1952, he may (and is hereby authorised to) continue and complete the taking of the land in question as if the said amendment Act had not been passed.
( 4) He may destroy and eradicate noxious weeds and plants on any declared road.
(5) He may install, erect, place, form, prepare, set aside or mark any traffic device in, upon or over any road for the purposes of this Act.
As amended by Act of 1923, 14 Geo. 5 No. 12, s. 6; Act of 1925, 16 Geo. 5 No.9, s. 5; Act of 1928, 19 Geo. 5 No. 11, s. 2 (ii) (xiii); Act of 1934,25 Geo. 5 No. 36, s. 3; Act of 1943, 7 Geo. 6 No. 17, s. 8 (2); Act of 1952, 1 Eliz. 2 No.
14, s. 6; Act of 1959. 8 Eliz. 2 No.3, s. 4; Act of 1964, No. 39, s. 5; Act of 1967, No. 48, s. 3 (2) First Schedule; Act of 1968, No. 16, s. 7.
9A. Power of Commissioner to be member of inter-State organisations,
&c. (1) Notwithstanding anything contained in this or any other Act, the Commissioner may, with the approval of the Minister, become and be a member of-
3
(a) the Australian Road Research Board;
(b) any Governmental or semi-governmental authority or body, the objects of which are to carry out, encourage or promote the undertaking of road research including research into road planning, location, design, safety, materials, construction, maintenance, structures, equipment, traffic, transport economics, administration, financing, management, accounting ane! any other matters affecting the provisions, upkeep, use, protection and development of roads; and
1-4 S.9H MAiN ROADS ACf 1920-1979
(c) any body, authority or association created or formed to encourage and foster co-operation-
(i) amongst the Road Authorities of the States and Territories of the Commonwealth;
Oi) between the Road Authorities of the States of the Common- wealth and the appropriate authority of the Commonwealth Government; or
(iii) amongst the Local Authorities of the States and Territories of the Commonwealth,
in relation to the matters specified in paragraph (b) of this subsection.
(2) Where pursuant to subsection (1) of this section the Commis- sioner is a member of a Board, body, authority or association, the Com- miss.joner may be a member of the directorate or other governing body of the Board, body, authority or association.
(3) The Commissioner may pay such contributions as membership of a Board, body, authority or association pursuant to subsection (1) of this section entails.
Inserted by Ad of 1964, No. 39, s. 6.
9n. Regulation of traffic. Subject to this Act and The Traffic Acts, 1949 to 1965, the Commissioner may from time to time-
(a) compile, maintain and amend the Manual of Uniform Traffic Control Devices;
(b) make recommendations to the Minister for the elimination of causes of danger and traffic congestion on roads;
(c) make recommendations to the Minister for the improvement of traffic flow in the existing road system;
(d) install or arrange for the installation of official traffic signs on any road;
(e) publish or disseminate (orally or by writing or by any means of producing or transmitting light or sound or otherwise howsoever) information or literature in relation to the safe use of roads by persons driving or in charge of vehicles or animals and by pedestrians and to the reduction or elimination of trathc accidents;
(f) make recommendations for the making, altering or repealing of regulations under The Traffic Acts, 1949 to 1965, for and with respect to the matters specified in clauses two, eight, 8A, nine, ten, eleven, 11 A, twelve, thirteen, fourteen, sixteen, twenty, twenty-one, twenty-five, twenty-eight, thirty, thirty- five and thir,ty-six of the Schedule to those Acts;
(g) advise the Minister on any matter relating to traHic referred to him by the Minister; and
(h) generally advise the Minister or make recommendations to him as to any matter for the improvement of tr~ffic conditions and the control of traffic.
Inserted as s. 9A by Act of 1965, No. 26, s. 41; renumbered s. 9n by Act of 1968, No. 16, s. 8.
MAIN ROADS ACT 1920-1979 ss.10,11 15
10. Commissioner to prepare map of roads, &c. (1) The Com- sioner shall, as soon as practicable after the commencement of this Act, cause to be prepared a map in one or more parts of the whole of Queens- land on such scale as he thinks fit, showing the Areas and all the principal roads and such other matters as the Commissioner thinks fit.
The Commissioner may from time ·to time withdraw such map and substitute another in its place or make such alterations therein as he thinks fit.
The said map or any map substituted therefor (hereinafter called the map) shall be kept at the office of the Commissioner.
(2) The Commissioner shaH cause to be sent to each Local Authority a copy, sealed with the seal of the Commissioner, of such portion of the map as shows the Area of such Local Authority together with such portion (if any) of Queensland as the Commissioner thinks fit.
(3) Whenever under this Act-
(a) a road is declared a State highway, main road, developmental road, secondary road, urban arterial road or an urban sub- arterial road;
(b) such a road is newly made; or
(c) a deviation is made from a declared road,
the map shall be altered accordingly and the Commissioner shall forward to each Local Authority concerned sufficient information to enable the alteration of the map to be marked on the copy of such portion of the map sent to and in the custody of each such Local Authority.
It shaH be the duty of each such Local Authority within seven days after the receipt of such infornmtion ,to cause such alterations to be distinctly marked on the copy of such portion of the map in its custody.
( 4) The map or a copy thereof shall he open for public inspection without charge during office hours at ,the office of the Commissioner, and the copy sent as aforesaid to any Local Authority shall be open for public inspection without charge during office hours of the Local Authority.
(5) The map, or the copy of any portion ;thereof hereinbefore mentioned in this section in the custody of any Local Authority shall, save in so far as it is inconsistent with any Proclamation under this Act, be evidence that any road marked thereon as a State highway, main road, developmental road, secondary road, urban arterial road or urban sub-arterial road is such a road.
As amended by Act of 1923, 14 Geo. 5 No. 12, s. 6; Act of 1925. 16 Geo. 5 No.9, s. 5; Act of 1928, 19 Geo. 5 No. 11, s. 2 (xiii); Act of J 929, 20 Geo. 5 No. 23, s. 3; Act of 1934, 25 Geo. 5, No. 36, s. 4; Act of 1943, 7 Geo. 6 No. 17, s. 8 (3); Act of 1959, 8 Eliz. 2 No.3, s. 5; Act of 1968, No. 16, s. 9.
11. (1) Commissioner to recommend what roads shall be declared.
The Commissioner may recommend to the Governor in Council that- ( a) Any road which, in the opinion of the Commissioner, is a
principal avenue of communication by road, be declared a State highway;
16 s.11 MAIN ROADS ACf 1920-1979
(b) Any road which, in the opinion of the Commissioner, is of sufficient importance, be declared a main road;
(c) Any road, route or means of access which, in the opinion of the Commissioner, will develop any area of land opened or proposed to he opened for settlement, be ,declared a develop-
mental road; .
(d) Any road which acts as a feeder to a declared road, or is a means of access to a mining area, national park, scenic reserve, seaside resort or natural beauty spot, or is Iike·ly to be used generally for the conveyance of primary products from the place of production to rail or market, be declared a secondary road;
(e) Any road be declared an urban arterial road or urban sub- arterial road; or
(f) Any State highway, main road, developmental road, secondary road, urban arterial road or urban sub-arterial road be declared to be no longer a State highway, main rDad, develop- mental road, secondary road,urban arterial rDad Dr as the case may be, urban sub-arterial road.
The Commissioner may at the time of making any recommendation under subparagraph (f) of the first paragraph of this su bsection in respect of any declared road, or at any later time, make in respect of .the same any other recommendation authorised by this subsection to be made by him.
Any recommendation made by the Commissioner under this sub- section shall specify the points of commencement and termination of the road, route or means of access whereto the recommendation relates.
(2) (Repealed).
( 3) Governor in Council may confirm recommendation. The Governor in Council may by Proclamation confirm any recommendation Df the Commissioner under subsection (1) of this section and thereupon the road, route or means of access the subject of the recommendation shall, according to the tenor of the recommendation--
(a) be a State highway, main road, developmental road, secondary road, urban arterial road or, as the case may be, an urban sub-arterial road;
(b) cease to be a State highway, main road, developmental road, secondary road, urban arterial road or, as the case may be, an urban subarterial road; or
(c) (in the case of a recommendation under subparagraph (f) of the first paragraph of subsection (1) of this section which includes any other recDmmendatiDn under that subsection) cease to be a State highway, main road, developmental road, secondary road, urban arterial road or an urban sub-arterial road and be according to the other recommendation sO.
included a State highway, main road, developmental road, secondary road, urban arterial road or an urban sub-arterial rDaci.
MAIN ROADS ACT 1920-1979 s. ItA 17 Upon confirmation of a recommendation under subparagraph (f) of the first paragraph of subsection one of this section which does not include any other recommendation under that subsection one, so much of the road the subject of that recommendation as is within the Area of any Local Authority shall come and, subject to any future recommendation under subsection one of this section, shall thereafter remain under the control and jurisdic.tion of that Local Authority.
(4) Crossings over a declared road. Notwithstanding anything in any other Act to the contrary contained, any crossing or traversing ofa declared road by any railway, tramway, viaduc.t, aqueduct, conduit, pipe line, power 1ine, water channel, or any other public utility shall be con- structed to the satisfaction of the Commissioner at the expense of the authority making such crossing or traversing, and any deviation of any declared road rendered necessary by any such crossing or traversing shall be so constructed as to afford equal facilities for road traffic to those which, in the opinion of the Commissioner, existed prior to the construc- tion of such crossing or traversing.
Where an existing structure carrying any public ,utility of the kind herein described requires to be reconstructed either wholly or partially for the purposes of the Act the provisions of this subsection shall apply thereto, and the Commissioner shall not be compellable to replace such public utility where its removal has been necessary during such recon- struction.
No provision of any other Act, and, without limiting the generality of this paragraph, no provision of The Regulation of Sugar Cane Prices Acts, 1915 to 1954, or of any Order thereunder of the Central Sugar Cane Prices Board shall authorise, or be deemed to authorise, any tramway owner to construct, manage or work a tramway or any part of a tramway ill, along, upon, across, under or over any declared road, or any bridge which is part of a declared road, save in compliance in every respect with the regulations under this Act.
The preceding paragraph of this subsection shall apply to tramways or parts of tramways constructed before as well as on or after the date of its enactment save that it shall not commence to apply to any tramway constructed by an owner of a sugar mill prior to the twenty-fifth day of October, one thousand nine hundred and forty-eight, until one year after the date of its enactment.
As amended by Act of 1925, 16 Geo. 5 No.9, s. 5; Act of 1928, 19' Geo.
5 No. 11, s. 2 (iii); Act of 1929, 20 Geo. 5 No. 23, s. 4; Act of 1934, 25 Geo. 5 No. 36, s. 5; Act of 1943, 7 Geo. 6 No. 17, SS. 3, 8 (4); Act of 1959, 8 Eliz. 2 No.3, s. 6; Act of 1962, 11 Eliz. 2 No.6, s. 8; Act of 1968, No. 16, s. 10.
liA. Limitation of access. (l) (a) The Commissioner may recom- mend to the Governor in Council that access to any State highway, main road, urban arterial road or urban sub-arterial road be limited.
(b) Where the Commissioner pursuant to subsection (2) of section thirteen of this Act recommends to the Governor in Council that a new State highway, main road, urban arterial road or urban sub-arterial road (in this paragraph called the "new road") or deviation from or widening
18 8.1h MAIN ROADS ACT 1920-1979
of an existing State highway, main road, urban arterial road or urban sub-arterial road (in this paragraph called "the deviation") be made, he may, at the time he makes such recommendation, or at any later time, recommend to the Governor in Council that when that new road or deviation is made, access to that new road or deviation be limited.
(c) Where the Commissioner satisfies the Governor in Council that any road or part of a road which is not -a declared road will be required at some future time as, or as part of, a State highway, main road, urban arterial road or urban sub-arterial road, the Commissioner may recom- mend to the Governor in Council that access to that road or part of a road be limited, notwithstanding that it is not a declared road.
(d) Where the Commissioner, in respect of any land to which subsection (7) of section thirteen of this Act applies, satisfies the Governor in Council, in accordance with that subsection, that the land wlll be required at some future time for ,the purposes of this Act, the Commis- sioner may, at the time he so satisfies the Governor in Council, or at any later time, recommend to the Governor in Council that access to any road made on that land be limited.
(e) Where the Commissioner, in pursuance of this Act, has acquired land for the purposes of making thereon at some future time a State highway, main road, urban arterial road or urban sub-arterial road (in this paragraph called the "road") or a deviation from or widening of a road (in this paragraph called the "deviation") the Commissioner may at any time after he has acquired that land recommend to the Governor in Council that, when the road or deviation is made, access thereto be limited.
(2) Such a recommendation shall describe and specify the course and points of commencement and termination of the declared road (whether then subsisting or to be constructed thereafter) or, in the case of a recommendation referred ,to in paragraph (c) of subsection one of this section, road or part of a road to which it relates.
In the case of a recommendation referred to in paragraph (d) or paragraph (e) of subsection one of this section such description and specification may be made by reference to the land the subject of the recommendation.
Such a recommendation may be made so as to apply to the through pavement or pavements only, or to a specified part or parts only, of the width of the declared road or part of a declared road to which it relates.
(3) Upon being satisfied that access should be limited as recom- mended by the Commissioner ,the Governor in Council may by Proclama- tion (herein oin this section referred to as the "first Proclamation") publish and confirm the recommendation.
The ~overnor in Council shall by t.he first Proclamation or by a later Proclamatton fix a date on and from whIch the recommendation shall take effect.
In the case of a recommendation referred to in paragraph (c), or (d),or (e) of.subsection one of this section, the first Proclamation may be made at any tIme before the road or part of a road or land in question
MAIN ROADS ACT 1920-1979 s.llA 19
is proclaimed to' be a declared road but, in every such case, the date an which the recommendatian shall take effect shall be fixed by a later Pro- clamation and shall be nat earlier than the time when that raad, part of a road or land becomes a declared road.
On and from the date so fixed in respect af a recammendation access to the declared raad (or, in the case af a recammendatian referred to in paragraphs (c), (d) ar (e) of subsection (1) af this section, acces~
to' the declared road ar the part af a declared road comprised by the road, part of a road, or land) in respect whereaf the recammendation was made shall be limited according in every respect to the recammendatian.
( 4) (a) In any case where means of access to' any declared road, or to any road or part of a raad which is not a declared wad, exist at the date of the publicatian in the Gazette of the first Proclamation in respect of that declared road, or road or part ofa road, the Cammissioner shaH provide, at such times, in such manner, and at such points as he deems desirable, means of access to, or routes for entering or leaving or cross,ing, that declared road, or road or part ofa road.
This paragraph applies so as not to require the Commissioner to provide any means of access to any road or par,t of a road at any time befare it becomes a declared road.
(b) The Commissioner may do and take all such ,things and steps as he deems necessary for preventing access to any declared road whereto access is limited pursuant to this section.
(c) Where access to a new State highway, main road, urban arterial road or urban sub-arterial road, or a deviation from or widening of a Sta,te highway, main road, urban arterial road or urban sub-arterial road, is limited pursuant to this section, the Commissioner may provide, at such times, in such manner, and at such points as he deems desirable, means of access to, or rautes for entering or leaving or crossing, that new State highway, main road, urban arterial road or urban sub-arterial road, or deviation from or widening of a State highway, main road, urban arterial road or urban sub-arterial raad.
(d) Notwithstanding any ather provision of this Act, the Cammis- sioner may construct, improve and maintain such roads, other than declared roads, as he deems necessary to give access to any locality access whereto is adversely affected by the limitation, pursuant .to this sectian, of access to' allY State highway, main road, urban arterial raad or urban sub-arterial road or deviation from ar widening of a State highway, main road, urban arterial road or urban sub-arterial road and may carry any raad, whether a declared road or nat, over or under any State highway, main road, urban arterial raad or urban sub-arterial road or deviation from or widening of a State highway, main road, urban arterial road or urban sub-arterial road access to which is, pursuant to this sectian, limited, and may carry any such State highway, main road, urban arterial road, urban sub-arterial raad, deviatian ar widening aver ar under any other road, whether a declared road ar not, and far such purposes may exercise the same powers in relation to' any road which is not a declared road as he may exercise in relatian to a declared road,
20 s.l1A MAIN ROADS ACf 1920-1979
(e) The Commissioner shall notify in the Gazette any and every means of access or route provided by him pursuant to this subsection.
(f) Not later than three months after the date on and from which access to a declared road is limited, the Commissioner shall prepare a map or maps showing, in relation to that declared road, every such means of acccss or route then provided or proposed to be provided by him.
Thereafter, if he provides any further such means of access or route he shall upon so doing cause the same to be shown in such maps or maps.
Such map or maps may also show any alternative means of travel which will be available or made available.
Such map or maps shall be made available for examination by any person at such place or places as the Commissioner shall determine.
Par.ticulars of such place or places shall be published in a newspaper or newspapers circulating in the district in which the declared road in question is located.
(5) (a) A person shall not, without the prior consent in writing of the Commissioner, construct, form or layout, or begin to construct, form or layout, any means of access to or from or within-
(i) Any declared road access to which is limited pursuant to this section; or
(ii) Any road or part of a road other than a declared road in respect of which a recommendation as referred to in para- graph (c) of subsection one of this section has been published and confirmed by the first Proclamation.
(b) In any case to which subparagraph (ii) of paragraph (a) of this subsection applies, the Commissioner may consent to the continuance of the means of access until the road or part of a road in question becomes a declared road and no longer, and the Commissioner may close such means of access forthwith upon the road or part of a road in question becoming a declared road.
(6) (a) Where the construction, formation or Jaying out of such a means of access shall have heen hegun before the publication in the Gazette of the first Proclamation, the Commissioner may close such means of access after having given not less than thirty days' notice in writing of his intention to do so to the owner of the property to which ,that means of access is related and, if the owner is not the occupier of such property, to the occupier thereof.
(h) Where ,the Commissioner has closed any means of access to which this subsection applies, the owner of the property to which such means of access was related shall be entitled to claim compensation in terms of subsection ten of this section notwithstanding the fact that the period of twelve months mentioned in paragraph (d) of the said subsection ten has expired:
Provided that such claim for compensation is served upon the Commissioner within twelve calendar months after the date of the notice given pursuant to the provisions of paragraph (a) of this subsection.
MAIN ROADS ACf 1920-1979 S. llA 21 (7) Where, in the opinion of the Commissioner, access is not reasonably available otherwise to any property abutting upon any declared road to which access is limited pursuant to this section, the Commissioner may permit, in writing, the construction and use of a means of access to that property from that declared road.
Such permit may be subjected to such terms and conditions as the Commissioner deems necessary or desirable as respects the nature of the means of access which may be constructed, the situation thereof, and the extent to which and the times during which the same may be used by the permittee and by other persons, including conditions limiting such use to vehicles or animals of specified descriptions or prohibiting such use by vehicles or animals of a specified description and in either case generally or during specified times.
Any permit given by the Commissioner under this subsection may be revoked or altered by him at any time.
Any person having an estate or interest in land in respect of which a permit under this subsection has been revoked or altered shall be entitled to recover from the Commissioner compensation for any loss or damage sustained by him by reason of that permit having been so revoked or altered, and for which loss or damage compensation has nOl already been made under subsection (10) of this section.
Compensation under this subsection shall not be payable unless a claim therefor shall have been served on the Commissioner not later than twelve calendar months after the date of revocation or alteration of the permit.
Subject to the provisions of this subsection, the provisions of sub- section (10) of this section shall apply, with all necessary adaptations and modifications, in respect of any claim for compensation arising out of this subsection.
(8) The driver ofa vehicle or animal shall not drive or attempt to drive that vehicle or animal onto, across, or from any declared road to which access is limited pursuant to this section, otherwise than by a means of access to, or route for entering, leaving, or as the case may be, crossing that declared road provided or permitted by the Commissioner pursuant to this section.
In this subsection the terms "driver" and "vehicle" shall respectively have the means assigned to those terms by The Traffic Acts, 1949 to 1958.
(9) (a) Notwithstanding the provisions of any other Act a person shall not drive or permit or allow to be driven, any loose sheep, cattle, horses or other animal on or along 01", without the prior permission in writing of the Commissioner, across any declared road to whic'h access is limited pursuant to this section.
(b) The Commissioner may permit, in writing, any person to drive any loose animals specified in the permit across any declared road to which access is limited pursuant to this section. Such permission may be subject to any conditions the Commissioner deems necessary and desirable and may be revoked or altered by him at any time.
