Roads Improvement Act.-1921. PART II. ment not to invalidate 8. (1) No act or proceeding of the Board shall be invalid or illegal Defects in appointin consequence only of the number of the members of the Board proceedings of Board. not being complete at the time of such act or proceeding. (2) All acts and proceedings of the Board shall, notwithstanding the discovery of any defect in the appointment of any member thereof, or that any member was disqualified or disentitled to act, be as valid as if such member had been duly appointed and was qualified and entitled to be and to act, and had acted, as a member of the Board, and as if the Board had been properly and fully constituted. 9. (1) The Governor shall appoint a member to be Chairman of Chairman of Board. the Board, and another member to be Deputy Chairman thereof. (2) The Chairman, when present, shall preside at any meeting of the Board. In the absence of the Chairman from any meeting, the Deputy Chairman shall preside. (3) The person presiding for the time being shall have a casting as well as a deliberative vote. 10. (1) The Board shall meet at such times and places as the Meeting of Board. Board from time to time determines. (2) Any two members shall constitute a quorum at any meeting of the Board. (3) The Board shall cause correct minutes of all its meetings to be kept, and shall submit to the Minister a copy of its decisions within fourteen days after each meeting. 11. (1) The Governor may, on the recommendation of the Board, by proclamation declare any road to be a main road, and may in like manner and on the like recommendation declare that any main road shall cease to be a main road: Provided that if it is intended to make any such proclamation with respect to any road situated within any District, the Council of such District shall be informed of such intention one month at least before the date on which it is intended to make such proclamation. (2) In considering whether to make any such recommendation, the Board shall take into account— (a) the moneys voted, or likely to be voted, by Parliament for main roads; (b) whether the road is or will be the main trunk route connecting (c) whether or not the road is or will be the main trunk route Main roads may be Cf. Local Govt. (Main Roads) Bill, PART II. No. 1224 of 1915. Appointment of 1141, 1913, s. 11. Engineer and Inspectors to be subject to control of Minister. The Minister to be a body corporate for the purposes of the Act. Cf. ibid., s. 3. General powers of the Minister. Ibid., s. 4. Roads Improvement Act.-1921. (d) whether the road is or will be the main trunk route between the capital and any large producing area or any large centre of population; (e) whether the road is or will be the main trunk route between the capitals of this State and any other State; and (f) whether the area through which the road passes is, or in the near future will be, sufficiently served by a railway or railways. (3) All lines of road, together with all public works connected therewith, declared by the Roads Amendment Act, 1915, to be main roads, shall be deemed to be roads declared under this Act to be main roads. 12. (1) The Governor may appoint Inspectors of Roads and Bridges for the purposes of this Act. (2) Any Inspector of Roads and Bridges appointed under any Act hereby repealed shall be deemed to be appointed under this Act. 13. The Engineer and every Inspector shall, in the exercise and discharge of their respective powers and duties under this Act, in all things be subject to the direction and control of the Minister. 14. (1) For the purposes of this Act, the Minister shall be a body corporate under the name of "Minister for Local Government,' and shall have perpetual succession and a common seal. (2) All Courts, Judges, and persons acting judicially shall take judicial notice of such seal when affixed to any instrument, and shall, in the absence of proof to the contrary, presume that the same was properly affixed thereto. 15. Subject to the provisions of this Act, the Minister in his corporate name may— (a) purchase, take, receive, accept, hold, acquire, and possess lands, tenements, and hereditaments in fee simple or for any less estate or interest, or for any term of years or otherwise, and may contract for the right to remove materials from any lands, tenements, and hereditaments for the purposes of this Act; and, with the consent of the Governor, may sell, grant, convey, transfer, demise, assign, or otherwise dispose of and assure any lands, tenements, or hereditaments vested in him for any estate or interest therein; (b) acquire, by purchase or hire or otherwise, goods and chattels, including stock, machinery, and road-making plant and materials of all kinds ; (c) sue and be sued, and submit to arbitration, in all Courts and before all Judges, Magistrates, Justices, and arbitrators whomsoever, in all actions, suits, causes, disputes, and matters whatsoever; and (d) do Roads Improvement Act.-1921. (d) do and exercise all such further acts and powers as he is by this Act authorised to do and exercise, or as may be necessary or convenient for carrying into effect any of the purposes or objects of this Act. 16. The Minister may (a) sell or otherwise dispose of, on such terms as he thinks fit, to any Council any of the properties or things mentioned in section 15 which are not required for the purposes of this Act; and (b) let or hire out, on such terms as he thinks fit, to any Council May hire out. any of the properties or things mentioned in section 15. 17. The Engineer shall conduct experiments with different Engineer to conduct materials to test their relative durability and suitability for the experiments. construction and maintenance of roads, and shall make investiga- Cf. Country Roads tions to ascertain (a) the nature and extent of the resources of the State in metals, minerals, and materials suitable for the purposes of road construction and maintenance, and the most effective and economical methods of dealing with the same and for supplying the same to, and utilising the same for the said purposes in, the whole or any part of the said State; and (b) the most effective methods of road construction and maintenance for the whole or any part of the State, and shall record, publish, and make available for general information the results of such investigations in such manner as is directed by the Minister. 18. The Engineer shall also Other duties of the (a) when directed by the Minister so to do, advise any Council, 1141, 1913, s. 9. or any officer of a Council, on any question concerning the construction, reconstruction, maintenance, or repairing of roads or works, including the suitability for such purposes of the stone from any quarry or any other material proposed to be used; (b) inspect and report on roads and works as directed by the Minister; (c) report to the Minister at least once a year, and on such other occasions as the Minister directs, on his proceedings under this Act; (d) keep a full and complete record of all stock, machinery, plant, and materials the property of the Minister under this Act; (e) furnish PART II. Engineer may request Council to Roads Improvement Act.-1921. (e) furnish to the Board any information with respect to any main or other public road, or any work connected therewith (if such information is available to the Engineer), required by the Board for the purposes of this Act; and (f) carry out such other duties as the Minister directs. 19. The Engineer may request any Council, or any officer of a furnish information. Council, to furnish him with information respecting any public road or work within the District of such Council, and such Council or officer shall, if the information requested is available to it or him, furnish the Engineer therewith. Ibid., s. 13. Duties of Inspectors Cf. ibid., s. 12, as amended by 1164, 1914, s. 5 Minister may authorise Engineer to inspect, repair, and reconstruct roads and works. Cf. ibid., s. 6. Engineer to certify 20. It shall be the duty of every Inspector, subject to the direction of the Engineer (a) to inspect and report on public roads and works; (c) to supervise and inspect works being carried out by any (d) to inspect the materials used in carrying out any of such works, and to advise such Councils as to the methods to be adopted, and the materials to be used, in carrying out any of such works. 21. (1) The Minister may authorise the Engineer to inspect or to construct or to reconstruct or to repair any public road or any work connected therewith. (2) When so authorised, the Engineer shall have and may exercise, for such purpose, all or any of the powers for the inspection or the construction, reconstruction, or repair of such road or work which the Council within whose District such road or work is situated has or may exercise with respect to such road or work under any Act, and the exercise by the said Council of such powers shall thereupon be suspended, except so far (if at all) as directed by the Minister. (3) On the completion by the Engineer of the work so authorised, completion of work the Engineer shall certify the completion thereof to the said Council by writing signed by him, addressed to the Clerk of such Council and posted at any post office in the State. (4) Upon such posting as aforesaid the suspension of the powers of the said Council shall cease. (5) The powers of the Engineer under this section are in addition to his general powers under this Act. 22. (1) All Roads Improvement Act.-1921. PART II. 22. (1) All work to be carried out under this Act shall be carried Engineer to carry out out by the Engineer under the authority of the Minister. (2) All lands, tenements, and hereditaments, and all stock, machinery, plant, and materials, acquired under this Act shall be under the care, control, and management of the Engineer. work under this Act. Ibid., s. 7. Property acquired to be under care of 23. The Minister may authorise the Engineer to construct tram- Tramways may be ways, aerial tramways, steel tracks, and other works on any road for laid on roads for transporting the purpose of transporting materials for facilitating the exercise materials. of his powers under this Act; and the authority so given shall Cf. ibid., s. 10. be sufficient authority for the Engineer to construct and maintain such tramways, aerial tramways, steel tracks, and other works, and to use the same for the purpose aforesaid, and for all purposes incidental thereto. 24. (1) The Minister may grant to any person desirous of constructing and working tramways, aerial tramways, steel tracks, or any other work for the conveyance of agricultural products, minerals, timber, or other things, a permit to construct, manage, and work such tramway, aerial tramway, steel track, or work, or any part thereof, upon, across, under, or over any road which is not situated within any District. (2) Such consent of the Minister may be given upon and subject to such conditions, reservations, restrictions, and stipulations as the Minister thinks proper. (3) Any permit granted under subsection (1) hereof shall be sufficient authority for the person to whom it is granted to construct, maintain, manage, and work the tramway, aerial tramway, steel track, or other work specified in the permit subject to the conditions, reservations, restrictions, and stipulations subject to which such permit is granted, and save insofar as such conditions, reservations, restrictions, and stipulations are not complied with and observed by the person to whom such permit is granted, such person shall not be liable in any action or proceeding, whether for nuisance or otherwise, by reason only of the existence, managing, or working of such tramway, aerial tramway, steel track, or other work. Expenditure by 25. In such cases as the Minister directs, and in such other cases as the Engineer deems advisable, all moneys allocated to a Council under this Act for main roads, or provided out of moneys subject to direction voted by Parliament for other public roads, shall be expended upon such roads and works and in such manner as the Engineer directs, Cf. 1164, 1914, s. 6. and subject to his approval. officers. 26. (1) No matter or thing done by the Board or the Engineer Protection to or any Inspector or other officer in good faith for the purpose of executing this Act shall subject the Board, the Engineer, or such Inspector or officer, to any liability in respect thereof. (2) No |