Local Government (Highways) Act 1982

Where a corporation has prepared a scheme for the carrying out of street works that comprise or include the construction of a carriage-way, the Minister for State Highways may, on the application of the corporation, undertake to make a contribution to the corporation of an amount equal to one-third of the cost of the construction of the carriage-way.

A scheme in respect of which an undertaking is given under this section shall contain an estimate of the cost of the carrying out of the construction of the carriage-way to which the undertaking relates, that estimate in the scheme as prepared by the corporation, so far as the Minister for State Highways is satisfied with the estimate, being referred to in this section as the provisional estimate and the estimate in the scheme as it finally has effect, so far as that Minister is satisfied with that estimate, being so referred to as the final estimate.

Where a scheme comes into effect in respect of which an undertaking has been given under subsection (1), the Treasurer shall, at the request of the Minister for State Highways, pay to the corporation the contribution to which the undertaking relates, calculated on the basis of the final estimate.

If the cost of the construction of a carriage-way, as certified by the council clerk, is less than the final estimate, one-third of the difference is a debt due to the Minister for State Highways by the corporation and, if it is more than that estimate, the Treasurer shall, on the application of the corporation, pay to it one-third of the difference, a sum falling due to be paid under this subsection being referred to in this section as a final adjustment.

If the Minister for State Highways is dissatisfied with a certificate of the council clerk given for the purposes of subsection (4), he may direct an investigation by the Secretary of the cost of the construction of the relevant carriage-way and the Secretary's certificate thereon has effect for the purposes of that subsection as if it were the certificate of the council clerk.

Sums payable by the Treasurer under this section shall be paid by the Treasurer out of the Public Account, and an amount so payable is accordingly, by virtue of this subsection, appropriated to the extent necessary, and any sums paid under this section to the Minister for State Highways shall be paid into the Public Account.

The Minister for State Highways shall not give an undertaking in a financial year under this section if the contribution that is required to be paid in pursuance of the undertaking, calculated on the basis of the provisional estimate, together with – the amount of the sums that have already fallen due to be paid under subsection (2) in respect of undertakings given in that financial year; and the amount that will fall due to be paid in respect of the other undertakings given in that financial year (calculated on the basis of the preliminary estimates) – exceeds $50 000.

For the purposes of subsection (7), an undertaking given in respect of schemes that have been abandoned under section 80 shall be disregarded.

Where, in the case of an undertaking given under this section, the amount of the sum falling due to be paid by the Treasurer as a final adjustment under subsection (4) exceeds 20 per cent of the amount of the sum payable under subsection (2), the amount of $50 000 referred to in subsection (7) shall, in respect of the financial year in which that final adjustment becomes payable, be deemed to be reduced by the amount of the final adjustment.

A reduction referred to in subsection (9) shall be deemed not to have been made in a financial year if the effect of making such a reduction would be that no further undertaking could be given under this section in that financial year by reason of the provisions of subsection (7) and, where no further undertaking could be so given, the sum of $50 000 referred to in subsection (7) shall be deemed to have been reduced by the amount of the final adjustment in respect of the following financial year.