For the purposes of this Part of this Act, unless the context otherwise requires,—

Every reference in this Part of this Act to an access-way or a service-lane shall, unless the context otherwise requires, include every bridge, culvert, kerb, drain, channel, crossing, fence, barricade, or other thing belonging thereto, or lying upon the line or within the limits thereof.

This Part of this Act shall not apply to any access-way created under the Housing Amendment Act, 1940, or the Land Subdivision in Counties Act, 1946, unless it is declared an access-way under section three of this Act.

Any consent or approval given under this Part of this Act may be given upon or subject to such conditions as the consenting party thinks fit, and any such consent or approval or conditions may from time to time be varied, revoked, or added to by the consenting party.

Where, for the purpose of providing the public with a shorter route for pedestrians from any road, street, or reserve to any road, street, or reserve, any way is laid down and constructed outside a borough or town district (in accordance with the provisions of this Part of this Act relating to access-ways) on land which at the date of the Order in Council is owned by His Majesty, the Governor-General may, by Order in Council, declare that way or land to be an access-way for the purposes of this Part of this Act.

Where, for the purpose of providing the public with a shorter route for pedestrians from any road, street, or reserve, to any road, street, or reserve, any way is laid out and constructed within a borough or town district (in accordance with the provisions of this Part of this Act relating to access-ways) on land which at the date of the resolution is owned by the Corporation of the borough or town district, as the case may be, the Council or Town Board may, by resolution, declare that way or land to be an access-way for the purposes of this Part of this Act.

Where, for the purpose of providing the public with side or rear access for vehicular traffic to any land, any lane is laid out and constructed outside a borough or town district (in accordance with the provisions of this Part of this Act relating to service-lanes) on land which at the date of the Order in Council is owned by His Majesty, the Governor-General may, by Order in Council, declare that lane or land to be a service-lane for the purposes of this Part of this Act.

Where, for the purpose of providing the public with side or rear access for vehicular traffic to any land, any lane is laid out and constructed within a borough or town district (in accordance with the provisions of this Part of this Act relating to service-lanes) on land which at the date of the resolution is owned by the Corporation of the borough or town district, as the case may be, the Council or Town Board may, by resolution, declare that lane or land to be a service-lane for the purposes of this Part of this Act.

The Minister may from time to time lay out and construct proposed access-ways and service-lanes outside a borough or town district on land belonging to the Crown, and may from time to time authorize the owner of any land to lay out and construct any proposed access-way or service-lane on land outside a borough belonging to that owner.

Any Borough Council or Town Board may from time to time lay out and construct proposed access-ways and service-lanes within the borough or town district, as the case may be, on land belonging to the Corporation of the borough or town district, and may from time to time authorize the owner of any land to lay out and construct any proposed access-way or service-lane within the borough or town district on land belonging to him.

Where pursuant to an authorization by the Minister or by a Borough Council or Town Board the owner of any land proceeds to lay out and construct a proposed access-way or service-lane as hereinbefore provided, he shall form and completely construct the same to the satisfaction of the controlling authority, and shall transfer the proposed access-way or service-lane to His Majesty, or to the Corporation of the borough or town district, as the case may be, by instrument in writing, which shall be deposited for registration in the office of the District Land Registrar or, as the case may require, of the Registrar of Deeds, and the Registrar shall refuse to register any such instrument as aforesaid unless he is satisfied that the requirements of this section have been complied with.

In every case where by statute or other lawful authority the Minister or any Borough Council or Town Board is empowered to take, purchase, accept dedication of, or otherwise acquire any land for a road or street, that authority shall be deemed to include power to take, purchase, accept dedication of, or otherwise acquire land for an access-way or service-lane.

The control and management of every access-way and service-lane shall vest in the authority which would be entitled to control it if it were a road or street, and subject to this Part of this Act that authority shall have power to alter, repair, light, and maintain it as if it were a road or street.

No person shall acquire any right to erect a building by reason of the existence of any access-way or service-lane.

No local authority shall authorize any person to erect a building on any site adjoining any access-way or service-lane unless the site has such frontage to a road, or a street, private street, or duly authorized private way within the meaning of the Municipal Corporations Act, 1933, other than an access-way or service-lane, as may be required by any statute, regulation, or by-law for the time being in force and applying thereto.

No person shall make any fresh subdivision of any land or building adjoining any access-way or service-lane unless the interest, if any, retained by the person making the subdivision, and each interest with which he is parting, has such frontage or access to a road, street, or private street, other than an access-way or service-lane, as may be required by any Act, regulation, or by-law for the time being in force and applying thereto.

No person shall be entitled to require from the Crown or any Borough Council or Town Board any contribution under the Fencing Act, 1908, by reason of the ownership or control of any access-way or service-lane by the Crown or the Corporation of the borough or town district.

Every access-way and service-lane may be given a distinctive name as if it were a road or street, and in such cases the word “way” or “lane”, as the case may require, shall be substituted for the word “road” or “street”.

Any access-way or service-lane may be permanently stopped or closed as if it were a road or street under the provisions of any Act for the time being in force relating to the stopping or closing of roads or streets, but access-ways and service-lanes shall not be permanently stopped or closed under any other circumstances.

Every access-way and service-lane within a borough or town district shall be deemed to be a street for the purposes of section three hundred and thirty-two of the Municipal Corporations Act, 1933.

Except as provided in this Part of this Act, nothing in this Part of this Act shall be deemed to constitute an access-way or service-lane a road or street.

Access-ways shall be used by pedestrians only.

Unless the Governor-General by Order in Council in any case otherwise directs, every access-way shall be of a width of not less than four feet six inches and not more than twelve feet measured at right angles to its course:

Provided that this subsection shall not apply to any access-way lawfully constructed under any other Act.

A controlling authority may lay out grass plots and flower-beds on any access-way under its control, and may prohibit traffic to such extent as it thinks fit on any such plots or beds, whether they are laid out before or after the commencement of this Act.

No person shall have direct access to any accessway from any adjoining private lands or from any building thereon except with the prior consent in writing of the controlling authority:

Provided that every right of access to an access-way existing when this Act first applies thereto shall be deemed to be duly authorized under this Act.

Unless a controlling authority in any case otherwise determines, the entrances to every access-way shall be so fenced or barricaded that cattle or vehicles cannot enter thereon.

An access-way within a borough or town district shall be deemed to be a street for the purposes of section two hundred and six of the Municipal Corporations Act, 1933.

Unless the Governor-General by Order in Council in any case otherwise directs, every service-lane shall be of a width of not less than twelve feet and not more than thirty-five feet measured at right angles to its course:

Provided that a service-lane may be of any greater width for a distance of not more than twenty feet from where it meets any road or street:

Provided also that any service-lane which has a blind end may have a turning space of any width at that end:

Provided further that this subsection shall not apply to any service-lane lawfully created under any other Act.

Except with the prior consent in writing of the Minister, no service-lane shall be laid out or constructed with a steeper grade in any part of its length than one inch in twelve inches.

Except as provided in this section, every service-lane within a borough or town district shall be included in the term “street” as defined in section one hundred and seventy-four of the Municipal Corporations Act, 1933, and the provisions of that Act relating to streets shall apply to every service-lane within a borough or town district:

Provided that subsections three and six of section one hundred and seventy-five, and sections one hundred and ninety, and one hundred and ninety-two of that Act shall not apply to any service-lane within a borough or town district.

A service-lane shall not be deemed to be a road or street for the purposes of sections one hundred and twenty-five and one hundred and twenty-eight of the principal Act.

Section one hundred and ninety-six of the Municipal Corporations Act, 1933, shall apply, with the necessary modifications, to every service-lane in a borough or town district as if the creation of a service-lane were the widening of a street.

Every Mayor or Councillor of a borough, every Chairman or Councillor of a county, and every Chairman or member of a Road Board or Town Board who consents to any unlawful act in relation to any access-way or service-lane, shall for each offence be liable on summary conviction to a fine not exceeding fifty pounds:

Provided that it shall be a good defence in any proceedings under this section if the defendant proves that in so consenting he acted in good faith and in accordance with the written advice of the solicitor of the local authority:

Provided also that no proceedings shall be commenced under this section more than two years after the offence was committed.

It shall be the duty of the Attorney-General to take proceedings under this section.

It shall also be the duty of the Attorney-General to institute such proceedings as may be necessary or expedient for preventing the laying-out or construction or proposed laying-out or construction of any access-way or service-lane of a greater or less width than that required by law, or any other unlawful act in relation to any access-way or service-lane.

In addition to any other penalties for which he may be liable, every person who is a party to any subdivision in breach of the provisions of subsection three of section seven of this Act, and every person who makes or maintains any direct access to an access-way in breach of the provisions of subsection four of section eight of this Act, commits an offence and shall be liable on summary conviction to a fine not exceeding five pounds for every day or part of a day during which the subdivision or direct access continues.

Every person who rides any bicycle or animal on an access-way, or drives or allows any horse or cattle to go on an access-way, or drives any vehicle on an access-way, commits an offence and shall be liable on summary conviction to a fine not exceeding ten pounds.

The enactments specified in the First Schedule to this Act are hereby repealed.

Section nine of the principal Act is hereby amended by repealing subsection one, as amended by section thirteen of the Public Works Amendment Act, 1935, and substituting the following subsection:—

Section thirteen of the Public Works Amendment Act, 1935, is hereby repealed.

Section eighteen of the principal Act is hereby amended by inserting, after the word “yard” in paragraph (b), the words “cemetery, burial-ground,”.

For the purposes of sections twenty-two, twenty-three, twenty-eight, thirty-five, two hundred and sixteen, and two hundred and fifty-four of the principal Act—

In any such case no fresh survey or plan or certified map shall be necessary under any of the said sections of the principal Act for the purposes of any notice, recommendation, memorial, Proclamation, Order in Council, certificate, or warrant.

Nothing in this section shall be deemed to derogate from the provisions of section one hundred and seventy-eight of the Land Transfer Act, 1915.

This section is in substitution for section thirty-one of the Finance Act (No. 2), 1945, and that section is hereby accordingly repealed.

Section thirty-two of the principal Act is hereby amended by inserting in subsection one, after the words “purchase any such estate or interest,”, the words “or to take on lease any land,”.

The said section thirty-two of the principal Act is hereby further amended by repealing subsection three, and substituting the following subsection:—

In any case where the Minister or any local authority has entered into an agreement under section thirty-two of the principal Act, or for the payment of compensation for damaging or injuriously affecting any land, or for the temporary occupation of any land, the Minister or local authority may forward a compensation certificate in accordance with this section to the District Land Registrar or Registrar of Deeds, as the case may require, who shall, without fee, deposit the same in his office and register against the title to all land affected thereby a memorial referring by number or symbol to the compensation certificate and setting out the day and hour when the compensation certificate is registered.

Every compensation certificate under this section shall set out—

Notwithstanding anything contained in this section, where the land affected by an agreement comprises or includes part of the land in a certificate of title, but the part is not accurately defined in the agreement, a compensation certificate in respect of the agreement may be registered against the whole of the land in the certificate of title, and it shall not be necessary for the purpose of registering the compensation certificate to define accurately the land affected by the agreement.

The validity of a compensation certificate shall not be affected by any misdescription therein of the land if sufficient information appears on the face of the compensation certificate to enable the District Land Registrar or Registrar of Deeds, as the case may be, to satisfy himself of the identity of the land intended to be affected.

Registration of a compensation certificate shall affect with notice of the agreement to which it refers all persons having any estate or interest in the land comprised in the titles against which the compensation certificate is registered, and in mortgages and charges of that land, and in rights, easements, and appurtenances belonging to that land, or therewith usually held and enjoyed, and their successors in title.

Every person who applies at the place and within the hours specified in a compensation certificate for permission to inspect the copy of the agreement shall be shown the copy and any plan relating thereto, and, if the agreement requires payment of any money or the vesting of any land, shall if he so requests be advised as soon as possible of the extent to which the agreement has been performed.

Where the Minister or local authority is satisfied that any land against which a compensation certificate is registered is not affected by the agreement to which the compensation certificate refers, or in any other case as soon as all the requirements of the agreement have been performed or otherwise discharged so far as they affect any piece of land and that piece of land has ceased to be injuriously affected by the agreement and by any act done under the agreement, the Minister or local authority may forward a certificate to that effect to the District Land Registrar or Registrar of Deeds, as the case may require, who shall, without fee, deposit the same in his office and write against the memorial registered as aforesaid the word “Discharged”, with his signature and the date.

Every compensation certificate, and every certificate under the last preceding subsection, shall be signed by the Minister or by some person authorized by the Minister in that behalf or, in the case of a local authority, shall be executed by the local authority as if it were a deed.

Where any land or any estate or interest in land is taken for a public work, any licence, permit, right, privilege, or authority in respect of the premises may be taken by the same or a subsequent Proclamation; and from and after a day to be named in the said Proclamation the licence, permit, right, privilege, or authority shall vest in His Majesty discharged from all mortgages, charges, claims, liens, bills of sale, and interests of what kind soever. The provisions of the principal Act shall, so far as they are applicable and with the necessary modifications, apply in every such case as if the licence, permit, right, privilege, or authority were an interest in land.

In any case where a freehold or leasehold interest in premises in respect of which a licence under the Licensing Act, 1908, is in force, has been acquired by or on behalf of His Majesty (whether before or after the passing of this Act) for a public work, and the equitable right to the licence has been purchased by or on behalf of His Majesty, or the licence has been taken under the last preceding section, the following provisions shall apply:—

In any case in which this section applies, while the premises continue to be owned or held upon lease by His Majesty or by any person on his behalf, and while the licence remains in force in respect of the premises—

In any case where a freehold or leasehold interest in premises in respect of which a licence under the Licensing Act, 1908, is in force has been acquired by or on behalf of His Majesty (whether before or after the passing of this Act), the holder of the licence may, with the approval of the Minister of Justice, and subject to such conditions as he may impose, apply for the removal of the licence to other premises in any licensing district, and in any such case the provisions of subsection four of section one hundred and twenty-seven of the Licensing Act, 1908, shall not apply.

All references to the Public Works Department, or to the Engineer-in-Chief, or Under-Secretary, or Permanent Head, or other officer of the Public Works Department in the principal Act, or in any other regulation, Ordinance, order, or other enactment, or in any contract, agreement, deed, instrument, application, licence, notice, or other document whatsoever shall, unless inconsistent with the context, be read hereafter as references to the Ministry of Works, or to the corresponding officer of the Ministry of Works, as the case may be.

Section fifty-one of the principal Act is hereby amended by repealing paragraphs (a) and (b) of subsection two, and substituting the following paragraphs—

Section eighty-one of the principal Act is hereby amended by omitting from subsection one the words “date prescribed in subsection two hereof”, and substituting the words “specified date”.

The said section eighty-one of the principal Act is hereby further amended by repealing subsection two, and substituting the following subsections:—

Notwithstanding anything to the contrary in any Act or rule of law, but subject to the provisions of section six of the Public Works Amendment Act, 1947, it shall be lawful and shall be deemed always to have been lawful for the authority having control of any motor-way, highway, road, street, or way over which the public may pass or to which the public has access, to construct, erect, dig, or grow thereon, or remove therefrom, such barriers, dividing strips, guiding or sign posts, pillars, or other markers, trees, hedges, lawns, gardens, and other devices as may in the opinion of the authority be necessary or desirable for separating, guiding, or warning traffic, intercepting glare, or any other purpose.

Notwithstanding that the control of a highway may be vested in the Main Highways Board, any local authority through whose district a highway or part thereof may pass is hereby authorized, out of moneys available for road or street construction within its district, to construct and maintain on the highway within its district, cycle-tracks, footpaths, kerbs, water-tables, and other facilities for pedestrian and cycle traffic:

Provided that no such facility shall be constructed on a highway controlled by the Main Highways Board unless the Board has previously approved of its location and width:

Provided also that this section shall have no application to motor-ways.

Section one hundred and twenty-five of the principal Act is hereby amended by repealing subsection five, and substituting the following subsection:—

Section one hundred and twenty-eight of the principal Act is hereby amended by omitting from the proviso to subsection one the words “and such resolution is approved by the Governor-General in Council”, and substituting the words “but, except where a memorandum of acceptance containing a condition that no building or part of a building shall at any time be erected on the land within a specified distance (being not less than thirty-three feet) from the centre-line of the road or street, is deposited with the District Land Registrar or Registrar of Deeds for registration in accordance with this section, no such resolution shall have effect until it is approved by the Governor-General in Council and a memorandum in respect of the Order in Council is registered in accordance with this section.”

The said section one hundred and twenty-eight is hereby further amended by repealing subsections two and three, and substituting the following subsections:—

The principal Act is hereby amended by adding thereto the Eleventh Schedule set out in the Second Schedule to this Act.

For the purposes of this section, unless the context otherwise requires,—

In any case where a person with the consent of the Maori Trustee subdivides or has subdivided land in the Greymouth Maori Reserve of which he is lessee into allotments for the purpose of disposing of his interest in any such allotment, whether by way of sale or sublease, section one hundred and twenty-eight of the principal Act shall apply only to that land, and nothing in that section shall be so construed as to require the owner of that land to set back the frontage of any adjoining land owned by him, or to dedicate any part of the adjoining land as a public road or street in accordance with the provisions of the said section one hundred and twenty-eight.

Section one hundred and thirty-one of the principal Act is hereby amended by repealing subsection one, and substituting the following subsection:—

The said section one hundred and thirty-one is hereby further amended by inserting in subsection two, after the words “original Order in Council”, the words “or the memorandum of acceptance”.

Section one hundred and thirty-two of the principal Act is hereby amended by repealing subsection one, and substituting the following subsection:—

The Governor-General may, by Proclamation, subject to the provisions of this section, proclaim any land (whether Crown land or not) as a road or street:

Provided that no land shall be so proclaimed without the consent in writing of—

Ibid., p. 1143

On the date of the publication in the Gazette of a Proclamation issued under subsection one of this section, or on such later date as may be specified in that Proclamation as the date when it shall take effect, all land to which the Proclamation relates shall be deemed to be vested in the Crown in the case of a road, or in the Corporation of the borough in which it is situated in the case of a street, as a road or street, as the case may be, but otherwise free from all reservations, restrictions, trusts, rights, titles, estates, or interests of any kind whatsoever.

Subject to the consent of the Main Highways Board and the local authority in whose district the land is situated in the case of a main highway outside a borough, the Borough Council in the case of a street within a borough, the County Council in the case of a county road, or the Town Board in the case of a road or street within a town district to which the foregoing provisions of this subsection do not apply, the Governor-General may, by Proclamation, close that road or street, or any part thereof. In the case of a closed street situated in a borough the land comprised therein may be dealt with by the Borough Council in the same manner in all respects as if it had been closed pursuant to the provisions in that behalf of the Municipal Corporations Act, 1933. In any other case the land comprised in a closed road or street may be granted or otherwise disposed of in exchange for the land or any portion of the land comprised in any other road or street, whether proclaimed under this section or not, or if not required for the purposes of the exchange, may be dealt with as Crown land under the Land Act, 1924, or, in any case where the Governor-General considers it equitable to do so, may be granted or otherwise disposed of to the owner of any adjoining land. Land comprised in any road or street closed under the authority of section twelve of the Land Act, 1924, or the corresponding provisions of any former Land Act may be dealt with in the same manner in all respects as if that road or street had been closed under the authority of this section.

All lands disposed of under this section by way of lease or licence in exchange for lands held under lease or licence from the Crown shall be deemed to be incorporated in that lease or licence from the Crown, and shall, subject to any consequential adjustment of rent, be held on the same tenure and upon the same terms and conditions, and be subject to the same rights, titles, interests, and encumbrances, as the other land comprised in that lease or licence.

Notwithstanding anything in the foregoing provisions of this section, where the land comprised in any road or street closed as aforesaid, or where portion of that land intersects or is adjacent to any reserve or endowment, or any land held, taken, set apart, purchased, or otherwise acquired for any public work, the Governor-General may, by the Proclamation closing the road or street or by a subsequent Proclamation, declare the land comprised in the closed road or street, or in the portion thereof, that intersects or is adjacent to the reserve or endowment or other land as aforesaid to be added thereto, and thereupon the land shall vest in the same authority as the reserve or endowment or other land as aforesaid and be subject to the same reservations and trusts. Where any such reserve or endowment is vested in His Majesty or, not being so vested, is administered by a Land Board pursuant to any lawful authority, any land added thereto or any portion of that land may be incorporated in any lease or licence of adjacent land within the said reserve or endowment, and thereupon the provisions of subsection four of this section shall, with any necessary modifications, apply as if the incorporation were an incorporation of land in a lease or licence under that subsection.

Where by reason of the Proclamation of any land as a road or street any land adjacent thereto is rendered unsuitable or inconvenient for profitable occupation by the owner, lessee, or licensee, the Governor-General may, by the original or by a subsequent Proclamation, take that adjacent land, or resume any adjacent land vested in the Crown and comprised in any lease or licence, or allocate to the purposes of this subsection any adjacent land owned by the Crown or vested in the Crown for any purpose, which shall thereupon vest, in the case of land within a borough, in the Corporation of the borough, and in any other case in the Crown, free from all reservations, restrictions, trusts, rights, titles, estates, or interests of any kind whatsoever. The power conferred on the Governor-General by this subsection shall not be exercised with respect to any land save with the consent in writing of the owner, lessee, or licensee and of all other persons having any registered interest therein, or any other interest disclosed by a register under the Land Transfer Act, 1915, or the Deeds Registration Act, 1908. Any land taken or resumed or allocated under this subsection may be dealt with in all respects as if it had been comprised in a road or street closed pursuant to this section.

The provisions of sections twenty-eight and twenty-nine of the principal Act shall apply with respect to dealings in land under this section.

Upon the presentation to him of a copy of any Proclamation closing any road or street under this section, together with a copy of the plan or plans referred to therein, the District Land Registrar or the Registrar of Deeds, as the case may be, of the district in which the closed road or street is situated shall note the closing upon the appropriate folio of the proper register-book.

The recital in any Proclamation under this section of the name and description of any person to whom any land referred to in the Proclamation is to be granted as hereinbefore provided shall be sufficient authority to the District Land Registrar of the district in which the land is situated to issue to the person so named a certificate of title in respect thereof.

The recital in any Proclamation, or a certificate under the hand of the Commissioner of Crown Lands for the Land District in which the land is situated, that any land is to be incorporated in any lease or licence pursuant to this section shall be sufficient authority to the District Land Registrar of the district in which the land is situated to make an appropriate entry without fee in respect of the incorporation on the lease or licence or other instrument of title which is registered in his office, and also upon the outstanding duplicate thereof.

The publication in the Gazette of any Proclamation purporting to be issued under this section shall be conclusive evidence that all conditions precedent to the issue of the Proclamation have been complied with, and no person shall be concerned to inquire whether any consent has been given or other condition attaching to the issue of the Proclamation has been fulfilled. The consent of any person having a registered interest in any land in respect of which a Proclamation is proposed to be issued under this section, or having an interest therein disclosed by a register under the Land Transfer Act, 1915, or the Deeds Registration Act, 1908, but not being the owner or the lessee or licensee of the land, may be dispensed with in any case if the Governor-General is satisfied that the interest of that person will not be prejudicially affected by the issue of a Proclamation under this section.

Any consent under paragraph (b), or paragraph (c), or paragraph (e) of subsection one of this section to the Proclamation of any land as a road may be given subject to the condition that other land (being land that may be so disposed of under this section) shall be granted or otherwise disposed of in exchange for the land to be proclaimed as a road, and (if the person giving the consent thinks fit) subject to the further condition that the other land shall be so granted or disposed of subject to any registered encumbrance, lien, or interest to which the land to be proclaimed as a road is subject.

Where, in any case to which subsection four of this section does not apply, any land that is subject to any registered encumbrance, lien, or interest is proclaimed as a road with the consent under paragraph (b), or paragraph (c), or paragraph (e) of subsection one of this section of the owner or body or persons in whom the land or the control thereof is vested and with the consent of the person entitled to the registered encumbrance, lien, or interest, and other land is granted or otherwise disposed of in exchange therefor, then, if the consents are subject to a condition to that effect, the other land shall be granted or disposed of subject to that registered encumbrance, lien, or interest.

On the issue of a certificate of title for any land granted or otherwise disposed of subject to any registered encumbrance, lien, or interest as aforesaid, every instrument creating or evidencing or affecting that encumbrance, lien, or interest, and all covenants and other provisions expressed or implied therein, shall be construed as if the land so granted or disposed of were the land or, as the case may be, part of the land to which the instrument relates.

On the issue of a certificate of title for any land granted or otherwise disposed of subject to any registered encumbrance, lien, or interest as aforesaid, the District Land Registrar or the Registrar of Deeds shall enter in the appropriate Register and record on any relevant instrument a memorial setting out the effect in the circumstances of the last preceding subsection.

Where any land that is subject to any reservation or restriction is proclaimed as a road and any other land is granted or otherwise disposed of in exchange therefor under this section, then, unless in any case the Governor-General otherwise directs, the other land shall be granted or disposed of subject to that reservation or restriction or such other reservations or restrictions as the Governor-General directs.

The provisions of the last five preceding subsections shall apply with respect to consents under subsection six of this section to the taking of any land under that subsection as if they were consents under paragraph (b), or paragraph (c), or paragraph (e) of subsection one of this section to the Proclamation of the land as a road.

Section twelve of the Land Act, 1924, section three of the Land Laws Amendment Act, 1927, section twenty-one of the Land Laws Amendment Act, 1929, section five of the Land Laws Amendment Act, 1930, section four of the Land Laws Amendment Act, 1932, and section twenty-five of the Statutes Amendment Act, 1940, are hereby consequentially repealed.

Section one hundred and forty of the principal Act is hereby amended by adding the following subsection

Section one hundred and forty-four of the principal Act is hereby amended by omitting from subsection one the words “ten feet”, and substituting the words “twelve feet”.

Where any swing-gate or fence has been lawfully erected under the said section one hundred and forty-four prior to the passing of this Act, it may be maintained under that section as if this section had not been passed.

The powers in relation to trees and hedges conferred by sections one hundred and sixty-nine and one hundred and seventy of the principal Act may be exercised by any person or authority authorized under any Act to construct, work, or carry on any electricity, tramway, gas, water, irrigation, or other public undertaking, and, notwithstanding the provisions of section one hundred and nine of the principal Act, those powers may be so exercised within as well as outside any borough.

For the purposes of the last preceding subsection, subsection one of section one hundred and seventy of the principal Act, as amended by this section, shall be read as if the words “or street” had been inserted after the word “road” in each place where that word occurs except in paragraph (b).

Section one hundred and sixty-nine of the principal Act is hereby amended—

Section one hundred and seventy of the principal Act is hereby amended by inserting in paragraph (a) of subsection one, after the word “thereto”, the words “or so as to cause interference under storm conditions with any public undertaking lawfully upon or any lawful use of the road”.

The said section one hundred and seventy of the principal Act is hereby further amended by inserting in subsection four, after the word “includes”, the word “willow”.

In this section, unless the context otherwise requires,—

Where any structure has been erected upon any road either before or after the passing of this Act, any Magistrate, upon application made by the controlling authority and upon hearing both parties, if he is satisfied that the structure is or is likely to become dangerous to vehicles and persons in them using the road, may make such an order as he thinks necessary to abate the danger, and may by the order direct the removal of the structure by the utility authority upon the terms set out in the next succeeding subsection and otherwise upon such terms and within such time as he thinks fit.

Subject to any agreement to the contrary the reasonable cost of the removal and re-erection of any structure under any such order, including a reasonable sum for proper overhead charges, shall be borne by the controlling authority and the utility authority in equal shares, and the amount payable to the utility authority may be recovered as a debt.

It shall be lawful and shall be deemed to have always been lawful for His Majesty the King to be granted or to acquire in any way and to hold on the same terms and conditions as any of His Majesty’s subjects any licence, permit, right, privilege, or authority which can be granted by His Majesty or by any Court or any public or local authority under the principal Act, the Licensing Act, 1908, the Cinematograph Films Act, 1928, the Board of Trade Act, 1919, the Counties Act, 1920, the Municipal Corporations Act, 1933, or the Industrial Efficiency Act, 1936, and which can be acquired or held by any of His Majesty’s subjects.

Notwithstanding anything to the contrary contained or implied in this Act or in any of those Acts, every licence, permit, right, privilege, and authority held by His Majesty or the Minister or any person on behalf of His Majesty under any of those Acts shall, notwithstanding any express limitations therein as to its term, continue in full force and effect as if it had from time to time been renewed for the original term thereof until expressly surrendered or relinquished by or on behalf of His Majesty, or in the event of it being transferred until the expiry of the then current renewal, and every such licence, permit, right, privilege, and authority which expired before the commencement of this Act while it was held by His Majesty or the Minister or any person on behalf of His Majesty, is hereby revived.

Section three hundred of the principal Act is hereby amended by omitting from paragraph (i) the words “that any such licence or authority be renewed in any way, or”, and by omitting from that paragraph all words after the words “on behalf of His Majesty”.

Section two hundred and sixteen of the principal Act is hereby amended by adding the following subsections:—

In this section, unless the context otherwise requires,—

Where a natural lake exists before the construction of a Government work, or a work acquired by His Majesty, which increases the area of that lake, the whole of the lake as so increased in area shall be deemed to be a natural lake for the purposes of this section.

In addition to all powers of making regulations in respect of lakes conferred on him by the Harbours Act, 1923, or by any other Act, the Governor-General may from time to time, by Order in Council, in respect of any artificial lake, make regulations—

Regulations under this section may be made generally in respect of all artificial lakes, or in respect of any one or more of such lakes.

The power of making regulations under this section shall be exercisable in respect of such parts of any natural lake as lie within four hundred yards from any part of a Government work constructed for the purposes of utilizing the waters of the lake, or within four hundred yards from the outlet of the lake as it exists from time to time where a work designed for the control of the level of the waters of the lake is constructed on a river or stream flowing from the lake, in the same manner as if those parts of the natural lake were parts of an artificial lake.

The power of making regulations under this section may be exercised in respect of such part of any river or stream as lies between a work constructed for the control of the level of the waters of a lake from which it flows and the outlet of the lake in the same manner as if that part of the river or stream were an artificial lake.

The provisions of Part II of the Fisheries Act, 1908, shall apply to any artificial lake as though the waters thereof were not private waters.

Where the Governor-General is of opinion that it is practicable for any land at any time held, taken, purchased, or acquired for a public work under this or any other Act or Provincial Ordinance to be applied also to any secondary use or uses, either public or private, without interfering with the public work for which the land is held, taken, purchased, or acquired, the Governor-General may, by Order in Council, authorize the application of that land to that use or those uses.

Every Order in Council under this section shall specify the land affected thereby and the secondary use or uses thereby authorized.

For the purposes of any such Order in Council the land may be defined by survey data, or by physical features, or by such other means as may seem best suited to the circumstances.

For the purposes of any such Order in Council, any definition of secondary use may specify particular uses which alone are permitted or may be in general terms with or without specified exceptions.

At any time after any such Order in Council has come into force, the Minister or the local authority, as the case may be, may apply the land to any authorized secondary use or may grant licences, permits, and privileges in respect of any authorized secondary use of the land to any persons upon or subject to such terms and conditions as the Minister or the local authority or any public body in which powers under this section may be vested, thinks fit, for any period not exceeding twenty-one years with or without right of renewal:

Provided that any such licence, permit, or privilege may be immediately revoked upon the breach of any of the terms or conditions upon or subject to which it is granted, or if in the opinion of the Minister or local authority concerned the service of the public so requires.

If the secondary use authorized by any such Order in Council includes the general characteristics of a public reserve, domain, or national park within the meaning of the Public Reserves, Domains, and National Parks Act, 1928, or of a scenic or historic reserve under the Scenery Preservation Act, 1908, the Governor-General, by the same or another Order in Council, may specify which, if any, of the provisions of any of those Acts shall apply to the land, and may vest the control thereof in any local or public authority, Domain Board, National Park Board, special Board constituted under section thirteen of the Scenery Preservation Act, 1908, or persons acting as trustees for the inhabitants of the locality upon such conditions as may be prescribed in the Order, and may make such other provisions in respect thereof as he thinks fit, having regard to the continued and future use of the land for the public work for which it was acquired.

Any Order in Council under this section may from time to time be amended or revoked by a subsequent Order in Council.

Where any land defined in an Order in Council under this section is covered by water, the provisions of this section shall apply to the water as well as the land.

On the termination or revocation of any licence, permit, or privilege granted under section thirty-seven of this Act, or under regulations made under section thirty-six of this Act, compensation shall be payable only for improvements to the land made with the written approval of the grantor, and no compensation shall be payable if there has been a breach of any term or condition upon or subject to which the licence, permit, or privilege was granted unless the grantor agrees to waive the breach.

No compensation shall be payable in respect of any reduction of the value of any such licence, permit, or privilege caused by the operation or cessation of the public work.

All revenue arising out of the granting of licences, permits, or privileges under section thirty-seven of this Act or under regulations made under section thirty-six of this Act, and all fees, dues, and charges received by virtue of sections thirty-seven and thirty-eight of this Act or those regulations shall, in the case of works under the control of the Minister, be paid into the Account to which the cost of the public work has been charged, and in the case of works under the control of a local authority, be paid to the local authority for its general purposes or such special purposes as may be specified by Order in Council.

All expenditure arising out of the granting of licences, permits, or privileges under section thirty-seven of this Act or under regulations made under section thirty-six of this Act and all refunds of fees, dues, and charges made and all compensation paid by virtue of sections thirty-seven and thirty-eight of this Act or those regulations shall, in the case of works under the control of the Minister, be paid out of moneys appropriated by Parliament for that purpose, and in the case of works under the control of a local authority, be paid out of the general funds of that local authority, or if any Order in Council so provides out of the revenues received by the local authority under the last preceding subsection.

In the case of works under the control of the Minister, any remission, either wholly or in part, of any fees, dues, and charges payable in respect of any such licence, permit, or privilege shall be made in accordance with the provisions of section three of the Public Revenues Act, 1926.

In the case of works under the control of a local authority any remission, either wholly or in part, of any fees, dues, and charges payable in respect of any such licence, permit, or privilege shall be made by resolution of the local authority.

Where water continues to be supplied and accepted after the expiry of any irrigation agreement entered into in accordance with Part XI of the principal Act, or section eight of the Public Works Amendment Act, 1935, the expired agreement shall be deemed to continue in force until either the supply of water is discontinued or a new agreement is made, and all the provisions of the principal Act shall apply as if the agreement had not expired.

This section shall apply to every certificate registered before or after the commencement of this Act against the title to any land under section two hundred and eighty of the principal Act, as amended by section thirty-seven of the Finance Act (No. 2), 1933, or under section nine of the Public Works Amendment Act, 1935.

Every certificate shall operate to secure, in addition to all moneys which it would otherwise secure, all unpaid moneys which after the signing of the certificate accrue due under an irrigation agreement registered against the title to the land, or in respect of water supplied to or for the benefit of the land where no irrigation agreement has been so registered.

Upon payment of all moneys for the time being secured by any certificate, the Minister, if requested, shall cause a release of the certificate to be registered, and on the registration of any such release there shall be payable by the person liable for the moneys so secured to the District Land Registrar or Registrar of Deeds, as the case may require, a registration fee of five shillings.

Application for the registration of a release of a certificate shall be made in writing by the Minister, or by any person authorized by the Minister in that behalf either generally or in respect of any specified release or of any specified class or classes of releases.

Section two hundred and eighty of the principal Act is hereby amended by inserting in subsection one (as set out in section thirty-seven of the Finance Act (No. 2), 1933), after the words “agreement is registered”, the words “, or any other person appointed by the Minister of Works either generally or specially for the purpose,”.

Section nine of the Public Works Amendment Act, 1935, is hereby amended by inserting in subsection one, after the words “for the district in which the land is situated”, the words “, or any other person appointed by the Minister of Works either generally or specially for the purpose,”.

Subsection two of section two hundred and eighty of the principal Act, as set out in section thirty-seven of the Finance Act (No. 2), 1933, and subsection seven of section nine of the Public Works Amendment Act, 1935, are hereby consequentially repealed.

Except with the prior consent in writing of the Minister, local authority, or other public authority having the control of a public work, and subject to such conditions as may be specified in the consent, no person shall excavate or otherwise interfere with any lands in the vicinity of that work if that excavation or interference is likely to produce, either directly or indirectly, a subsidence on to that work, or a subsidence of that work or of the soil thereunder:

Provided that nothing in this section shall prevent any such excavation or interference if that excavation or interference does not anywhere disturb the soil within an angle of forty-five degrees from the horizontal measured either upwards or downwards from ground-level at the nearest part of the public work.

This section shall be deemed part of Part XIII of the principal Act.

For the purposes of this section, the term “transmission-line” means any electric line, wire, cable, or other conductor used or intended to be used for the transmission of electrical energy, and includes any tower, pylon, gantry, pole, support, insulator, casing, tube, maintenance telephone wire, and any other work, structure, or apparatus forming part of, or used or intended to be used for the support, maintenance, insulation, or protection of, any transmission-line.

Where, under the powers conferred by the principal Act or by any other Act, it is proposed to construct, erect, or lay down any transmission-line over, upon, or under any land, the Governor-General may issue a Proclamation defining the middle-line of that transmission-line, or of any part thereof, and in any such case the provisions of section two hundred and sixteen of the principal Act shall, as far as they are applicable, and with the necessary modifications, and except in so far as the same may be inconsistent with the provisions of this section, apply in respect of the construction of the transmission-line in like manner as if a railway were to be constructed.

Every Proclamation defining the middle-line of a proposed transmission-line, or of any part thereof, issued under this section shall define, by reference either to the distance on each side of the middle-line or to the more distant section boundaries, or by reference to both, all land within four chains from the middle-line upon or in respect of which it is intended to exercise the powers conferred by the principal Act or by any other Act in respect of the erection, maintenance, and use of the transmission-line.

The Minister shall cause a copy of every Proclamation defining the middle-line of any transmission-line, or of any part thereof, issued under this section, and of every map and plan prepared in connection therewith, to be deposited without fee in the District Land Registry Office for each district in which is situated any land affected by the Proclamation.

Where the land affected by any such Proclamation is subject to the Land Transfer Act, 1915, the District Land Registrar shall register against the land a memorial of the Proclamation and of the accompanying maps and plans, and in every other case the Registrar of Deeds shall cause an entry thereof to be made under the proper head or title in the Index Book of the Deeds Register Office.

As soon as may be after the public notification of the Proclamation defining the middle-line of a transmission-line, the Minister shall notify the persons then owning and occupying the land affected by the Proclamation that it is intended to take any part of the land for the transmission-line, or that it is intended to construct the transmission-line over, upon, under, or close to the land, or that the land will not be affected, as the case may be; and if any land is to be taken the time for claiming compensation shall run from the date of the Proclamation taking the land; and if the transmission-line is to pass over, upon, under, or close to the land without any part of the land being taken the time for claiming compensation for any injurious effect thereto shall run from the date of entry for construction.

At any time after a transmission-line or part thereof has been completed, or after the construction of a proposed transmission-line has been abandoned, or after the Minister is satisfied that any transmission-line referred to in a Proclamation under this section does not, or will not, pass over, upon, or under, or injuriously affect the land against which the Proclamation has been so registered, or if for any other reason the Minister deems it expedient so to do, the Minister may cause to be deposited without fee in the appropriate District Land Registry Office a certificate signed by him or on his behalf authorizing the cancellation of the registration of the Proclamation and setting forth a description or reference to all lands in respect of which cancellation of the registration is desired. On the deposit of any such certificate the District Land Registrar shall take all necessary steps to discharge or cancel the memorials or entries made under this section in respect of all lands referred to in the certificate.

Section twenty-nine of the Finance Act (No. 3), 1944, is hereby amended by inserting in subsection three, after paragraph (b), the following paragraph:—

Section three of the Public Works Amendment Act, 1947, is hereby repealed, and the following section is substituted therefor:—

Any lands held, taken, purchased, or acquired under the principal Act for the purposes of a Milk Treating House may be leased under section forty of the Statutes Amendment Act, 1945, as if they were lands of the Crown to any Milk Treatment Corporation constituted under the Marketing Act, 1936, or the Agriculture (Emergency Powers) Act, 1934, to any Milk Authority constituted under the Milk Act, 1944, or to any incorporated company or society having among its objects the production, treatment, or marketing of milk or cream.

Section two of the principal Act is hereby amended by repealing paragraph (d) of the definition of “public work” and “work”, and substituting the following paragraph:—

Section thirteen of the principal Act is hereby amended by inserting in paragraph (a), after the words “Crown land”, the words “or land held for any Government work”.

Section twenty-five of the principal Act is hereby amended by inserting in subsection two, after the words “with respect to”, the words “any land held for a Government work”.

Section thirty of the Finance Act (No. 2), 1945, is hereby amended by adding the following new subsection:—