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©State of Queensland
[Reprinted as at 1 January, 19831
An Act to Amend “ The Local Government Acts, 1936 to 1941,’’ and The
‘‘
Water Acts, 1926 to 1940 ” (each in certain ~ a r t i ~ u l a r s ) , to Repeal“The Water Author~ties Acts, 1891 to 1937,” to Validate Certain Actions, Matters, and Things purporting to have been Done or Executed under “The Local ~overnment Acts, 1936 to 1941,’’ and to make provision in regard to Local ffairs in Thursday Island
[Assented to 9 December, 19421 BE IT ENACTED by the King’s Most Excelleilt Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority o f the sarw as fo1lo.r~~:-
PART I--PRELIMIYARY
Act# 1. Short and Another Act titlie. This Act may be cited as A ~ ~ e i i ~ ~ ~ i ~ ~ ~ ~ Act of’ 1942
”.
“ T%e Local Government 2. Paris of Act. This Act is divided into Parts, as follows:-PART I-PRELIMINARY ;
PART II-AMENDMENTS OF ‘‘ THE LOCAL ~ o ~ ACTS, ~ R ~ M ~ ~ ~
PART 111-AMENDMENT OF “THE WATER ACTS, 1926 TO 1940”;
1936 TO 1941 ”;
PART ICV---REPEAL OF ‘‘ THE WATER A ~ T € I ~ R ~ T ~ ~ s ACTS, 1891 TO
PART ~-VALIDAT~ON OF CERTAIN ACTIONS, MATTERS, AND
1937 ” ;
THINGS PURPORTING TO HAVE BEEN DONE OR EXECUTED
UNDER “ THE! LOCAL ~ ~ ~ E R N M E ~ T ACTS, 1936 TO 1941 ”;
PART V1-LOCAL AFFAIRS OF THURSDAY ISLAND.
2 LOCAL GOVT. ACTS & ANOR. ACT AMDT. ACT OF 1942
PART 11-AMENDMENTS OF “ THE LOCAL ~ ~ ~ E ACTS, R ~ ~ N T
1936 TO 1941 ”
3. (I) ~onst~uction of art 11, This Part of this Act shall be read as one with The Local ~ ~ v e r n ~ e n t Acts, 1936 to 1941
”,
herein in this Part referred to as the Pri~cipal Act.(2) title, The Brincipal Act and the amendments made
thereto by this Part may collectively be cited as
‘‘
The Local ~ o y e r ~ ~ e ~ t Acts, 1936 to 1942”.
4-17. Amended Pri~cipal Act.
PART I11
18, 19. Amended
‘‘
The Water Acts, 1926 to 1940,’’PART IV-REPEAL OF “THE WATER AWTJ~~ORITIES ACTS, 1891 TO 1937”
mities Acts. Subject as ~ e r ~ i n a f t e r provided, ‘‘ The at er Autlzorities Acts, 1891 to 1937
”,
are hereby repealed.Such Acts are herein referred to in this section as the repealed Acts.
fer to and vestling of Water Aathority in Local Authority, reinafter provided, at the passing of this Act, the Water Authority for a Water Area constituted under the repealed Act shall be and the same is hereby abolished, and the function of water supply and the function and undertaking of such abolished Water Authority transferred to and be vested in the Local Authority which was ter Authority at the passing of this Act, and such Local Authority ceforth manage and control such function and undertaking as if such function and ~ n d e r t a k i n ~ had been established by the Local Authority under “ The Local G o ~ e r ~ ~ ~ i e n t Acts, 1936 to 1942
”,
and the provisions of the said Acts shall apply and extend with respect to such function and underta~ing.The Local Authority shall have, in addition to the powers, rights, privileges, and authorities coderred upon the Local Authority pursuant to “ T h e Local G o v e r ~ ~ e n ~ Acts, 1936 to 1942
”,
the powers, rights, privileges, and authorities conferred upon, and shall be subject to the liabilities, duties, obligations, and responsibilities imposed upon, the abolished Water Authority by Part V and Part VI of the repealed Acts, and the said provisions of the repealed Acts shall, until a by-law repealing or in lieu of such provisions is made, continue in farce so far as they are app~ic~bIe to the same extent as if such provisions were sf. by-law duly made by such Local Auth~rity under‘‘
The Local G o ~ e r ~ ~ e ~ t Acts,1936 to 1942”.
(3) (i) ~ Qsf Local ~ ~~ ~ ~to collect, etc., rates. The Local s t h ~ ~ ~ ~ ~ Authority shall collect, receive, and recover ail rates and/or charges
made and levied by and all moneys due to such abolished Water Authority at the sing of this Act, and all matters and things which at
LOCAL GOVT. ACTS & ANOR. ACT AMDT. ACT O F 1942 3 the said date are in course of construction or performance by the abolished Water Authority in the due exercise of its powers, duties, and responsibilities may be continued and completed by the Local Authority, (ii) Saving of by-laws. The by-laws made by the abolished Water Authority under or in pursuance of the repealed Acts shall be deemed to be by-law duly made by the Local Authority under or in pursuance
of " The Local ~0~~~~~~~~ Acts, 1936 to 1942
",
and shall continue inforce accordingly until the same be repealed or amended under '' The Local ~ o ~Acts, e 1936 to 1942 ~ ~
".
~ e ~ ~(iii) T ~ a ~ ~ ~ e ~ , etc., o f assets. All the property, whether real or personal, and all other assets of whatever description and all liabilities, contracts, and engagem~nts of the abolished Water Authority shall, without any transfer, assignment, or conveyance or notice other than this Act, be divested from such abolished Water Authority and shall be vested in and shall attach to and be discharged by and may be enforced by or against the Local Authority.
(4) Saving as to ~ o ~ ~ a ~ g ~ ~ t ~ - ~ e r a ~ g Water Aut~ori~y. Notwith- standing the repeal of the repealed Acts the Coolangatta-Nerang Water Authority constituted the Water Authority for the Coolangatta-~erang Water Area by Order in Council made on the twenty-seventh day of July, one thousand nine hundred and thirty-three, and published in the Gazette of the twenty-ninth day of July, one thousand nine hundred and thirty-three, which Order in Council was cancelled and a fresh Order in Council made in lieu thereof on the fourteenth day of June, one thousand nine hundred and thirty-four, and published in the Gazette of the sixteenth day of June, one thousand nine hundred and thirty-four, shall to and including the thirtieth day of June, one thousand nine hundred and forty-three, be and continue to be the Water Authority for the said Water Area and shall have the powers, rights, privileges, and authorities and be subject to the liabilities, duties, obligations, and responsibilities imposed upon the Water Aut~ority by the repealed Acts, and on and from the first day of July, one thousand nine hundred and forty-three, the said Water Authority shall be and be deemed to be a Joint Local Authority constituted under the name of '' The ~ ool an gatta-~ erang Water Supply Board " for the purpose of exercising and performing the function of water supply and the said Water Area shall be deemed to be the Area of the said Joint Local Authority and the Board of the Joint Local Authority shall be composed of six members of whom three shall be assigned to the Council of the Town of Coolangatta and three shall be assigned to the Council of the Shire of ~ e r a n g , and the provisions of this section shall, mutatis mutandis, apply accordingly to such Water Authority:
Provided that the m e ~ b e r s of the said Water Authority holding ofice at the thirtieth day of June, one thousand nine hundred and forty- three, shall, on and from the first day of July, one thousand nine hundred and forty-three, be deemed to be members of the Board of the said Joint Local Authority and to be representatives on the said Efoard of the ~ o ~ p o ~ e n t Local Authorities of which they are members and shall be deemed to have been elected by the said component Locat
~uthorities as representatives of the said component Local Authorities
4 I.,OCAL GOVT. ACTS & ANOR. ACT AMDT. ACT OF 1942
on the said Board and shall, subject to the provisions of “T he Local
~ u y e r ~ ~ e ~ t Acts, 1936 tu 1942
”,
remain in office until the conclusion of the next ensuing triennial election of the Local Authority of which they are members :Provided further that nothing in the foregoing shall be deemed in any way to prejudice the powers of the Governor in Council pursuant to
“The Local ~ o y e r ~ ~ e n t Acts, 1936 to 1942”, to alter or vary the constitution or functions or area of the Joint Local Authority, or t o dissolve the Joint Local Authority, or to settle and adjust any rights, liabilities, or matters which in consequence of the exercise of any of these powers require to be adjusted.
PART V-VALIDATION OF CERTAIN ACTIONS, ATTERS, AND THINGS
P U R ~ O ~ ~ ~ N ~ TO HAVE BEEN D O N E OR EXECUTED UNDER “THE LOCAL GOVERNMENT ACTS, 1936 TO 1941
’’
21. This section provided for validation of certain budgets and 22. This section provided for validation of certain action by Biggenden rates and/or charges.
Shire Council,
23. This section provided for validation of certain actions by Atherton, 24. This section provided for validation of certain actions of Charters Belyando, Ilfracombe, and Tambo Shire Councils.
Towers City Council and Charters Towers Water Authority.
5. This section provided for Ipswich City Council authorised to frame and adopt a fresh separate Loan Rate budget and make fresh Special Loan Rate.
PART VI-LOCAL AFFAIRS OF THURSDAY ISLAND 26. This section, which provided for ad~ in istrat~ on of local aEairs
of Thursday Island, was repealed by s. 10 of “ The Locul G o v e r ~ ~ ~ ~ ~ Acts A ~ n ~ ~ ~ ~ z ~ ~ t Act of 1946 (No. 2) ”,
As from 1 July 1948 local government was restored to the town of Thursday Island (Gaz. 6 arch 1948, p. 772).
1 6 4 2 C - B ~ ALithority: S. R. HUMPSON, Government Printer, Queensland
