Western Australian Current Acts Western Australian Current Acts (1) For the purpose of
this section, the words bridge , ferry , and ford , respectively, include such
approaches to a bridge, ferry, or ford, and such protection works in
connection therewith as may by any notice under this section be defined to be
part of the bridge, ferry, or ford.
(2) The Governor may,
by notice in the Government Gazette , and in some newspaper circulating in the
district, direct that any bridge already constructed or which may hereafter be
constructed, and any ferry or ford already established or which may hereafter
be established, over or across any river or arm of the sea respectively shall,
from and after a date to be fixed in such notice, be under the exclusive care,
control, and management of the Minister, or of such local authority as shall
be mentioned in that behalf in such notice.
(3) The Governor may
by any subsequent notice publicly notified in the same way from time to time
vary or alter such care, control, and management.
(4) The Governor may
by such notice as aforesaid fix and determine whether all or any, and if so,
what part of the cost, whether incurred or to be incurred, of maintaining,
repairing, improving, or reconstructing any such bridge, or of managing or
maintaining any such ferry or ford, and the machinery and appliances used
therewith, is to be provided and paid by any local authority or local
authorities (if more than one), and if so, by what local authority or
authorities (if more than one).
(5) The Governor may
by any such notice as aforesaid direct how, when, and to whom any such payment
is to be made; and every payment so directed to be made shall be made as
directed by such notice, and unless so made may be deducted from any subsidies
or moneys at any time payable by the Crown to such local authority, and may
also be recovered in any court of competent jurisdiction at the suit of the
Minister or local authority, as the case may be, as a debt due to the Crown or
to the local authority to which such payment ought to be made.
(6) In fixing and
apportioning the cost of maintaining, repairing, improving, or constructing
any such bridge, or of managing or maintaining any such ferry or ford, and the
machinery and appliances used therewith, the Governor shall take into account
the net revenue (if any) derived from or incident to the use of such bridge,
ferry, or ford by the Minister or by the local authority, as the case may be,
having the care, control, management, or maintenance thereof.
(7) If any local
authority or authorities shall refuse or neglect to maintain, work, improve,
or repair any bridge, ferry, or ford (including the working of swing or
lifting-spans in bridges where such have been provided) under its or their
care, control, and management, or to reconstruct any such bridge, ferry, or
ford when requisite, the Minister may undertake such maintenance, repairs,
improvement, or reconstruction in the place of the local authority or local
authorities so refusing or neglecting as aforesaid, and may provide for the
care, working, and management of such bridge, ford, or ferry, and may recover
all costs, charges, and expenses attending or incidental to the Minister so
doing from such local authority or local authorities as a debt due to the
Crown, in any court of competent jurisdiction.
(8) In the exercise of
the authority conferred upon the Minister by this section, the Minister and
any and every person authorised by the Minister shall have all the powers and
authorities which under any law are or may be vested in or could be exercised
by the local authority or authorities in the place of which the Minister shall
be acting.
(9) Any proclamation,
instrument, or notice heretofore issued, made, or published, vesting the
control of any bridge, ferry, or ford, may be revoked, altered, or varied by
the Governor from time to time as the Governor may deem expedient, subject to
the provisions of this Act.
[Section 91 amended: No. 31 of 1997 s. 51; No. 46
of 2009 s. 17; No. 4 of 2023 s. 101.]