PUBLIC WORKS ACT, 1903.

New Zealand Times, Volume LXXV, Issue 5134, 28 November 1903, Page 7

PUBLIC WORKS ACT, 1903.

ITS PROVISIONS. The general indiflore-nco of pr-r/plo rngiirding* Uio lasi’ii pissed by our Legislature every sa-Hon as almost .ipi'.uiiiig. A newspaper givco a precis oi a Bill wnen it is intro-ducott into I’arliamon't, it, reports fully the debate on the 'second rending, details the work in f'emmiUco of the W bole, gives tho main point.- ou Uio third reading, reports t he rn-end reading in the Legislative Council, tlio commit tee work in the Council, the third reading in Uio Council, and if the two J [ou-.es disagree ou amendments, reports tin.' n.ult of Uio deliberations of the. managers of the two ('■handlers. ('>!mnns am sometimes devoted to olio liiU as it passes through its various stages. At Uio end oi it ji.’i, most. )i!•:"1 v some jieiwon will ask, “Oh, I nee .wli and sueli a Bill lias passed. WJiat’s it all abouti'” The J’nU'ic Works Act of 1003 is again explained lor the benefit of these who have not followed the Parliamentary proceedings, as it passed its final stages. Amongst its main provisions it is provided tint where the owner of any land ■sells any part oi' it, unless it has a frontage to 'mi ousting mad, street, or private street, im i, to dedienlo as a public rum! or stieefc a;-trip of land of not less than sixty-six feet in width, giving acoess to such put from some existing road, street, or private street. This Mid icu is not to apply to the ralo of hind to the owner of any adjoining land, nor to any ease where the local authority is satisfied that the land Seta is not intended to be used for tho erection of a dwi-lhiiglinuso. The owner is to form tho road or street so dedicated to the .satisfaction of the loc:! authority, and where tho road or street is m a borough or town district, if so rot puree! by the local authority, lie is to metal tiio street, or any required portion of'it. and is to construct any drains and footpaths; as may bo agreed upon between tho owner nml Uio local authority. Tho road or street so dedicated is to be deemed to bo vested in tho Borough Council where tlio road or street is within a borough, and in all other cases is to bo deemed to be verted in Ihc Crown and under the control of tho local authority. Owner, as deli not! by tho Act, is the owner in feo simple, whether beneficially or as trustee, and includes a mortgagee acting in exercise of jio.vcr of sale, tho Public Trustee, and any local authority, having power to dispose of laud by way of sale or lease. Sale .includes gift, exchange,- or. other disposition affecting tho too-siuipilc, and lease lor any term (including renewals under tho lca.se) of not loss than fourteen years. Where the part sold has a frontage to aei existing road or street of a leas width than sixty-six feet tho owner is to set back the frontage of tho land to a distance of af toast thirty-three foot from tho centre line of tho road or street, and is to dedicate as a. public road or street the strip of land between tho Irontagc-lino so set back and the front a go-lino as previously existing, and tho liimti so dedicated is to form part of tho existing read or street. This section is not to apply in mil' easo where tho local authority having control oi tho road or street by resolution declares chat its provisions are not to apply to any specified road or street iu any part of it, and such resolution is approved by the (Silvernor-iu-Cou-iicil. lu oases whore tho frontage on Clithor side - of .-.any road or street has already been set buck under tho operation of this or any other Act, or voluntarily by the owner, or by arrangement with tho local authority, flip centre lino of tho read or street is to bo taken to mean the centre of the read or street as it originally existed. The owner of the laud so dedicated is to bo entitled to compensation by tho focal authority having control of tho road or street. Compensation is to bo assessed under tho provisions o: tlio principal Act. If any question or dispute arises between the owner and a local authority, or the owner or local authority and the District Laud Registrar or -Registrar of Deeds, it is to bo referred to tlio Alintcr, whoso decision in writing is to bo final and conclusive ou all xxutics; and ho may, lor the purposes of such decision, cause am-inquiry to be had. Tho Act. also makes a number of technical amendments in the principal Act. In regard to heavy traffic by-laws, fewer is given for tho by-law to proscribe for tho weighing of any vfuicle or machine; for tin; marking of the ivoiglit of any vehicle or machine on such vehicle or machine, and imposing i lino not exceeding £2O for the nonmarking or incorrect ■ marking of any weight; for the weighing or measurement of tho contents of any vehicle or machine, or for tho compulation of tho weight or measurement of the contents from the cubical or superficial measurement. Tho Governor may declare any road or street constructed or controlled by him within tlio limits of a town district to bo under tho control of tho Town If card. 5 Tho section of tho principal Act which imposes a penalty on persons plying for biro across a stream near a ferry or bridge is extender! to any case where tho plying for hire is done by means of any mode of convqyanco whatever. A River Beard is to have the powers conferred on local authorities by section 101 of the principal Act, as if the words “whereby any road or .street under tho control of any such loom! authority may bo injured ” were omitted therefrom. The Board is made liable tbr oonlpensation for any damage occasioned by the exercise of such powers. Tho Governor may allow carriagcsand rolling-stock up to eight feet in width to be used on any private railway or tramway in oases where ho is satisfied that they may be safely and conveniently used without danger to the public. Land required for parade-grounds, camping-grounds, or rillo ranges, or for approaches thereto, may bo taken as for a public work and in tho manner prescribed by the principal Act for taking lantl for defence purposes. Land may also bo taken for forest plantations, or recreation grounds, or for tho preservation of scenery, as-if such purposes were public works within tho moaning of the principal Act.