The Secretary to the Department of Works and Railways has forwarded for advice the following memorandum:

In connection with the provision of a new General Post Office building in Perth, Western Australia, the Commonwealth Government acquired a large block of land between Wellington and Murray Streets with the object of making a new street connecting these main thoroughfares to afford frontage to the Post Office and other Commonwealth buildings.

The Post Office is approaching completion, and the question of making and maintaining the roadway must shortly be settled. The attached copy of a minute submitted by the Director-General of Works, referring to the points on which advice is necessary, is referred for favour of your consideration.

The minute submitted by the Director-General of Works is as follows:

The question of construction of the new roadway opposite the General Post Office, Perth, has now become a most urgent matter, and it is necessary that the Commonwealth reach a decision at once in regard to its intentions. The Municipal authorities of Perth some time ago expressed the view that the new road should be formed, levelled, paved and drained by the Commonwealth Government in accordance with specification to be approved by the Council, and that, when these works have been done to the Council's satisfaction, the road be taken over and maintained by the Council on the understanding that a subsidy in lieu of rates be made by the Commonwealth Government to the Council, and that rates be paid on any portion of the site not used exclusively for public purposes.

A communication has recently been received from the Commonwealth Surveyor-General intimating that the Minister for Home and Territories has stated a decision of the Commonwealth Government not to spend any more money on the roadway than the law demanded.

I understand that the Commonwealth is not bound by any law in regard to the matter, and it may be that the Cabinet's decision should be interpreted as meaning that the Commonwealth should only bear the cost of what the State law would require from a private owner.

However, it is recommended that the Attorney-General's Department be invited to confirm this statement, and advise the legal position of the Commonwealth, and also state what would be the obligations in the matter were the Commonwealth in the position of a private citizen.

As the new road consists of land which has been acquired by the Commonwealth for public purposes, the Commonwealth is not, in my opinion, bound by any State law as regards the making or maintenance of the road or the payment of rates in respect of the road or the remainder of the land. There appears, however, to be no legal objection to the Commonwealth agreeing to meet the wishes of the Council as regards the formation etc. of the road and making an arrangement with the Council for the maintenance of the road by the Council and the payment by the Commonwealth of a subsidy for the services so rendered by the Council.

If the Commonwealth were in the position of a private owner its obligations in the matter would be governed by the Municipal Corporations Act 1906 of Western Australia.

The material sections appear to be sections 278, 279, 179 (42), 224, 222 and 221.

Section 278 requires every person who intends to make any new street or way in a municipal district to give written notice of his intention to the Council and lodge a plan therewith.

Section 279 provides that no person shall make any new street or way until the level of the street or way has been fixed by the Council and the surveyor is satisfied the street or way can be properly drained.

Section 179 (42) gives power to the Council to make by-laws for, inter alia, regulating the paving and repairing of streets, ways and footways. Copies of the by-laws are not available in this office and I am, therefore, unable to advise as to the details thereof.

Section 224 provides that no street shall be set out unless the width of the street, to be ascertained by measuring at right angles to the course of the street from front to front of the building line on either side thereof, shall be 66 feet at the least.

Section 222 gives power to the Governor, upon the request of the Council, to declare any land reserved, used, or by purchase or exchange acquired for a street or way, or any public place, bridge or thoroughfare, to be a public highway. By section 221 the street, way or public place thereupon vests in the Council.

By section 6-

'street' . . . mean's] and includefs] every thoroughfare which the public are allowed to use, within the limits of a municipal district, being sixty-six feet or more in width; 'way' includes every alley, court and thoroughfare, not being a street . . . , which the public are allowed to use within the limits of a municipal district; 'public place' includes every street or way, and every place which the public are allowed to use, and whether formed on private property or not, within the limits of a municipal district.

Briefly, any private person making a street must comply with the directions of the Council as to levelling, drainage and paving and any street made by such a person may be taken over by the Council.

If it were considered desirable that the Council should take over the road from the Commonwealth it would, I think, be desirable for the Commonwealth to dedicate it under the Lands Acquisition Act 1906-1916, for the purpose of a road, and arrange with the Council for its maintenance.

There appears to be no provision in the Municipal Corporations Act for the payment, by owners of land abutting on a street, of the cost of construction of the roadway by the Council, but by section 282 the land owners may be required to pay portion of the cost of paving footways or pathways, not exceeding one-half or one-third according to the width of the footway.

[Vol. 19, p. 50]