Parramatta River (Ryde to Concord) Bridge Act 1931 No 9



An Act to authorise the construction by the Council of the Municipality of Ryde of a Bridge across Parramatta River; to amend the Local Government Act 1919; and for purposes connected therewith.
1   Name of Act
This Act may be cited as the Parramatta River (Ryde to Concord) Bridge Act 1931.
2   Definitions
In this Act, unless a contrary intention appears:
Prescribed means prescribed by regulations under this Act.
The council means the council of the Municipality of Ryde.
3   Authority to construct bridge
The council of the Municipality of Ryde is hereby authorised and empowered to construct a bridge over the Parramatta River with the necessary approaches between Parramatta-road, Ryde, and Mary-street, Concord, the centres of the piers and abutments to be on or adjacent to a line joining Church-street, Ryde, to Cropley-street, Concord.
4   Plans etc
(1)  The said bridge and approaches shall be constructed in accordance with plans and specifications to be prepared by the Main Roads Board of New South Wales and approved and supplied by the Minister.
(2)  The cost of and incidental to the preparation of such plans and specifications shall be deemed to be part of the cost of the bridge and approaches.
5   Powers
(1)  For the purposes of the work the council shall have all the powers of a council under the Local Government Act 1919, and such powers may be exercised if necessary outside the Municipality of Ryde.
(2)  Any land necessary for the work may be acquired under the provisions of sections five hundred and thirty-two, five hundred and thirty-five, and five hundred and thirty-six of the Local Government Act 1919.
6   Loan
(1)  The council may raise a special loan to defray the cost of constructing the bridge and approaches and of the land acquired in connection therewith.
(2)  The amount of the loan and the rate of interest thereon shall be approved by the Governor.
(3)  Notwithstanding anything contained in the Local Government Act 1919, it shall not be necessary to take a poll of ratepayers before raising the loan, or otherwise to comply with the provisions of the said Act in respect of the loan except as herein provided.
(4)  The council may charge the revenue received from tolls and charges with the repayment of the loan and interest thereon.
(5)  Any loan obtained by the council under this Act shall not be taken into account for the purpose of ascertaining the limit to which the council may borrow under the Local Government Act 1919.
7   Tolls
Tolls and charges may be levied in the manner prescribed in connection with traffic across the bridge; the amount of the tolls and charges, and the method of collection shall be as prescribed.
8   Cost
The council shall, if and when required by the Minister, supply all accounts, particulars, and other information at its disposal to enable him to ascertain the total amount to be expended by the council in carrying out the provisions of this Act with regard to the construction of the bridge, the acquisition of land in connection therewith, or any other matter relating thereto.
9   Sinking fund
(1)  The council shall establish a sinking fund for the purpose of repaying the loan within twenty years from the date of the opening of the bridge for traffic.
(2)  The moneys set aside in the sinking fund shall be invested in Government securities of the State of New South Wales or of the Commonwealth of Australia or in such securities as the Governor may approve; and any interest accrued in respect of such moneys and any profits arising from such investments shall be added to and form part of the sinking fund.
10   Application of tolls etc
(1)  Subject to this Act all moneys received from tolls and charges imposed under this Act shall be paid into a special bank account to be kept by the council, and shall be applied in the first place towards the cost of maintaining and repairing the bridge and approaches and the collection of the tolls and charges, and in the next place towards payment of interest on the loan and the instalments necessary to maintain the sinking fund. Any surplus received by the council shall be applied as the Governor may direct towards repayment of the loan or the cost of the maintenance and repair of the bridge and approaches.
(2)  If the moneys received from such tolls and charges prove to be insufficient in any year for the purposes of this Act the council may provide the amount of the deficiency from its general fund and shall recoup such fund for any amount so provided out of the first available surplus of any subsequent year.
11   Bridge to be part of main road after repayment of loan etc
(1)  When the Governor is satisfied that all moneys expended by the council upon the construction of the bridge and approaches, the acquisition of land in connection therewith, the maintenance and repair of the bridge, the costs of collection of the tolls and charges, and the interest, costs, charges, and expenses of the loan and of all matters incidental to the carrying out of the purposes of this Act have been fully repaid out of the tolls and charges collected, or if not so repaid that sufficient moneys are at credit of the sinking fund to provide for such repayment, he shall cause a notification to that effect to be published in the Gazette. Thereupon such repayment shall be made from the sinking fund and the sinking fund shall be closed and all moneys thereafter received from tolls and charges imposed under this Act shall be applied towards the cost of maintaining and repairing the bridge and the collection of the tolls and charges.
(2)  Upon a date to be appointed by the Governor and notified by proclamation published in the Gazette, (which date shall not be later than three years after the date of the publication of the notification referred to in subsection one of this section):
(a)  any regulations made under this Act imposing tolls and charges shall be revoked; and the provisions of this Act authorising the imposition of tolls and charges shall cease to have effect,
(b)  the bridge shall be and become part of Main Road, No 200,
(c)  all moneys received by the Council under this Act and held by the Council at the date of the publication of such proclamation in the Gazette shall be paid to the County of Cumberland Main Roads Fund established under the Main Roads Act 1924–1929, and the bridge shall thereafter be repaired and maintained by the Main Roads Board of New South Wales.
12   Regulations
(1)  The Governor may make regulations for and with respect to:
(a)  prescribing the amounts of the tolls and charges to be imposed under this Act,
(b)  the control, management, maintenance, and protection of the bridge and its approaches,
(c)  the regulation, restriction, or suspension of the use by the public of the bridge and its approaches,
(d)  the carrying out of the provisions of this Act.
(2)  The regulations may impose a penalty not exceeding fifty pounds for any breach thereof. Any such penalty may be recovered in a summary manner before a stipendiary or police magistrate or any two justices in petty sessions.
(3)  The regulations shall:
(i)  be published in the Gazette,
(ii)  take effect from the date of publication or from a later date to be specified in the regulations, and
(iii)  be laid before both Houses of Parliament within fourteen sitting days after the publication thereof if Parliament is then in session, and if not, then within fourteen sitting days after the commencement of the next session.
If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect.