Queensland

Parliamentary Debates [Hansard]

Legislative Assembly

TUESDAY, 2 APRIL 1968

Electronic reproduction of original hardcopy

2690 Stamp Acts Amendment Bill [ASSEMBLY] Questions

TUESDAY, 2 APRIL, 1968

Mr. SPEAKER (Hon. D. E. Nicholson, Murrumba) read prayers and took the chair at 11 a.m.

QUESTIONS

EGG PRODUCTION AND PRICES Mr. Houston, pursuant to notice, asked The Minister for Primary Industries,- (1) What is the percentage of-(a) large, (b) medium, (c) small, and (d) pullet eggs in the total annual egg pro­ duction in South-Eastern Queensland? (2) As from February 26, what is the advance price per dozen paid to the grower for each of these grades?

Answers:- ( 1) "Information is not available on the percentage by grades of total annual egg production in South-eastern Queensland. The only figures available relate to deliveries to The Egg Marketing Board. The progressive position in 1967-68 up to March 15 of receivals by The Egg Marketing Board is as follows:- Per cent. Large (24 oz.) 43·68 Medium (21 oz.) 31·52 Small (18 oz.) 14·56 Pullet (15 oz.) 2·62 Second quality eggs 7·44 Useless 0·18 100.00

(2) "Advance payments to growers as from February 26 were as follows:- 24 oz., 41 cents per dozen; 21 oz., 29 cents per dozen; 18 oz., 22 cents per dozen; 15 oz., 18 cents per dozen. As from March 11, 1968, the advance paid on the 24 oz. grade was reduced by 3 cents to 3 8 cents per dozen. Other advances remained unchanged. Growers are required to pay hen levy of one dollar per bird per annum, and this is estimated at 6·66 cents per dozen."

DEPTH OF ROLL-ON /ROLL-OFF SHIPPING TERMINAL SITE, BRISBANE Mr. Houston, pursuant to notice, asked The Treasurer,- ( 1) What was the original depth of dredging at the proposed roll-on/roll-off shipping terminal site in Brisbane? (2) Was this depth completed? If so, when and at what cost? ( 3) Has it now been found necessary to increase the depth? If so, to what extent and at what additional cost? Questions [2 APRIL] Questions 2691

Answers:- (2) How many of them issue tickets on ( 1) "Twenty-seven feet L.W.S.T." which is printed an intimation that the launch-owner is completely absolved from (2) "This work was completed at the the payment of any damages in respect of cost of the Australian Coastal Shipping injury or death sustained by a passenger Commission on March 20, 1967. The resulting from any form or degree of cost was $99,699." neglect or negligence by the launch-owner (3) "It has been found necessary to or any employee or agent? increase the depth to 30 feet L.W.S.T., ( 3) Has this action of launch-owners but an estimate of this cost has not yet been examined to establish its legality and, been prepared. The full cost will be a if it be at present legal, does the Govern­ charge to the Commission." ment propose to take any action to provide passengers on launches the same legal protection as passengers on other forms of LOSS OF PAY BY HIGH-SCHOOL TEACHERS transport? ATTENDING PROTEST MEETING Mr. Houston, pursuant to notice, asked The Answers:- Minister for Education,- (!) "There are 365 licensed passenger ( 1) Did any high-school teacher who carrying launches. I am not aware of any attended a meeting on the afternoon of passenger carrying launches which are not Wednesday, November 29, 1967, suffer a licensed." reduction in salary? (2) .. This information is not known." (2) If so,-(a) how many teachers were penalised, (b) for what period of time (3) "A very complete examination of were they considered absent from duty. this matter has been and is being (c) what was the amount of each penalty, undertaken by my officers and I expect and what were the factors involved in the to receive a report on the whole matter amount decided, (d) who imposed the shortly." penalty and under what Acts or Regula­ tions was this decided, (e) what was the classification of the officer who signed the AGREEMENT BETWEEN TOWNSVILLE CITY letter to the teachers notifying the penalty COUNCIL AND YARRAWONGA PTY. LTD. imposed, (f) was this penalty subject to confirmation by any other officer, and if Mr. Coburn for Mr. Aikens, pursuant to so, by whom, (g) were the teachers con­ notice, asked The Minister for Local cerned made aware of any right of appeal Government,- that lay against this decision, and (h) did ( 1) Was an agreement entered into on any of the teachers lodge appeals against June 20, 1962, between the then Townsville the penalties and, if so, to whom and City Council and Yarrawonga Pty. Ltd. with what result'' submitted to him or his Department for approval and was such approval given? Ans11'ers:- (2) If it were not so submitted, will he ( 1) "Pay for the period of unauthorised now examine the agreement in order to absence was deducted from the salary of determine whether any rating concessions each teacher concerned." granted to Yarrawonga Pty. Ltd. in the agreement are in accord with the Local (2) "(a) 139. (b) For the actual Government Act or any other relevant law, period during which they were absent. and inform the House on the matter? Each teacher was advised of this period. (c) $10. The nature of the offence. (d) The Director-General of Education in Answers:- terms of the Public Service Acts. (e) (1) "No." Director-General of Education. (f) No. (2) "The Question seeks an expression (g) The teachers concerned should be of opinion on a question of law, such aware of the provisions of the Public as the interpretation of a particular Service Acts and Regulations in this document." regard. (h) Yes. Appeals were made to the Public Service Commissioner. He con­ firmed the penalties imposed." RENTS PAID BY HEADMASTERS FOR DEPARTMENTAL HOUSES

LAUNCH-HIRERS CONTRACTING OUT OF Mr. Tucker, pursuant to notice, asked The CIVIL LIABILITIES Minister for Education,- Mr. Coburn for Mr. Aikens, pursuant to ( 1) Where Departmental homes are pro­ notice, asked The Treasurer,- vided for the headmasters and principals of State schools, what weekly rental is ( 1) How many launches are plying for charged? hire in Queensland for the purpose of carrying passengers and are they all (2) When did the last rise take place licensed to do so? and what was the previous rental? 2692 Questions ASSEMBLY] Questions

(3) Is there any intention to seek a (2) "Additional police personnel are further rise in the near future? not available for allocation to the Towns­ ville police station. In the event of an Answers:- increase in the strength of the Police Force Rate the need for additional staff at the station Per week will be considered." $ (1) "(a) Principals of high schools (Public Ser- BOOKMAKERS' BETTING BOARDS AND vice Housing Scheme 11.00 TICKETS (b) Head teachers of prim­ Mr. N. T. E. Hewitt, pursuant to notice, ary schools (Agree­ asked The Treasurer,- ment Under Teach­ Does the Racing and Betting Act stipu­ ers' Award-State)- late, where a teleprinter service is installed, Primary schools in whether (a) bookmakers are responsible classes 1 to 4- for the setting of boards at the opening of From December 4, betting, (b) any price fluctuation should 1967 8.00 be changed by himself or whether altera­ From January 1, tion can be made by a member of his 1969 9.00 staff, if so desired, and (c) bookmakers From January 1, should at all times write tickets during the 1970 10.00 course of betting on any race? From January 1, 1971 11.00 Answer:- Primary schools in " (a and b) Whilst boards are not a classes 5 and 6- requirement under the Racing and Betting From December 4, Acts I can see no objection to a member 1967 3.00" of a bookmaker's staff setting or altering the board provided that bookmaker is on Rate the stand accepting responsibility. (c) I Per week refer the Honourable Member to section 97 $ of the Acts. It is the practice to allow (2) "(a) Principals of State high one clerk to be employed by a bookmaker schools- to write tickets provided the bookmaker Last increase from is on the stand accepting responsibility. February 1, 1965. In no circumstances can the bookmaker Rate prior to Feb- and his clerk both write tickets at the ruary 1, 1965 10.00 same time." (b) Head teachers of primary schools- CATTLE STUD LEASES Prior to December 4, 1967, provided free of rental." Mr. N. T. E. Hewitt, pursuant to notice, asked The Minister for Lands,- (3) "This matter is subject to review from time to time by the Public Service ( 1) What is the total number of stud Commissioner." leases issued since January 1, 1958? (2) Of the above, how many are cattle stud leases in what is known as the cattle NEW POLICE STATION, TOWNSVILLE tick area of Queensland? Mr. Tucker, pursuant to notice, asked The ( 3) What are the largest and smallest Minister for Works,- numbers of bulls required to be sold by any ( 1) As the main building housing police one stud in conformity with stud lease in Townsville is quite obviously at the end granted within the tick area? of its useful life and as staff are forced to ( 4) Have all studs been requested to work in conditions which contravene all certify that they have been selling a speci­ accepted industrial principles, will he give fied number for five years prior to applying every consideration to providing a new and or have they been given a chance to modern police headquarters there during qualify for a stud lease? the next financial year? (2) What further staff can be anticipated Answers:- for this centre in the near future? ( 1) "Twenty-one stud leases have been issued since January 1, 1958, 15 of which Answers:- were for the production of stud Merino ( 1) "There is no proposal at present sheep and six of which were for the pro­ for the erection of a new police station duction of stud beef cattle." building at Townsville. Proposals to (2) "The six cattle stud leases were impr-ove the accommodation position are situated in what is known as the cattle under consideration." tick area of Queensland." Questions [2 APRIL] Questions 2693

(3) "The smallest number of bulls to (2) "Yes. As stated by me publicly on be sold annually was 60 and the highest January 27, 1967, and by the previous 150." Premier on May 11, 1967, prices surveys have been continued and are continuing, ( 4) "Of the six cattle stud leases issued, in regard to a cross-section of commodi­ two were renewals of existing stud leases ties in every day demand." and four were new stud leases over areas held under some other tenure. The law (3) "Four, in respect of which the states that an application for a stud lease salary classifications per fortnight are:- must be rejected unless evidence is pro­ Minimum Maximum duced that the number of stud beef bulls $278.90 $286.90 of a particular breed produced on the $149.30 $157.30 holding to which the application relates and sold for breeding purposes elsewhere $45.60 $138.70 than on such holding during the period of $39.00 $94.90 three years next preceding the date of The Commissioner of Prices is also chair­ application averaged not less than sixty man and executive officer of The Fish yearly. In respect of the four new leases, Board and The North Queensland Fish evidence as required by law was produced Board." and in every case the new stud lease was granted upon the recommendation of the Stud Advisory Committee (Cattle)." CoNSTRUCTION OF HIGH SCHOOL, ACACIA RIDGE Mr. Sherrington, pursuant to notice, asked PRICE OF ELECTRICAL GOODS The Minister for Education,- IVIr. Sherrington, pursuant to notice, asked ( 1) In view of the ever-increasing The Minister for Labour and Tourism,- number of pupils reaching secondary school In view of the recent Press announce­ age in the Coopers Plains, Acacia Ridge, ment that the price of electrical goods Calamvale and contiguous areas, what plans would increase by some ten per centum,- have been made to construct a high school ( 1) Has any investigation been made on the land held at Acacia Ridge for the by the Commissioner for Prices into what purpose? circumstances justified such a steep increase? (2) When will the work of construction commence? (2) Are investigations carried out into increased prices of any commodity? Answers:- (3) What is the present numerical (1) "No plans have been made for the strength of the Prices Branch and what are construction of a high school at Acacia their classifications? Ridge." (2) "The matter is under continual Answers:- review and a high school will be provided ( 1) "The only electrical goods con­ when it is considered that students Jiving trolled under the State Profiteering Pre­ in the area cannot be provided for in vention Acts, when this Government took existing schools in neighbouring localities." office, were cooking and kitchen utensils and domestic sewing machines. All other electrical items were either not controlled GAMMA GLOBULIN IMMUNISATION or were released from control by the AGAINST HEPATITIS previous Labour Government. The Press announcement included heavy electrical Mr. Sherrington, pursuant to notice, asked equipment, such as switchboards, trans­ The Minister for Health,- formers, electric motors, cables, &c. In view of the ever-increasing incidence Wage increases granted recently under the of infectious hepatitis and as a gamma Federal Metal Trades Award and, to a globulin immunisation is available through lesser extent, the rise in the price of copper, were blamed for the increases. I also add private medical practitioners,- that, in reply to a letter received from the ( 1) Has the immunisation proved to be Trades and Labour Council on this same effective? matter, dated March 21, I replied, on March 27, and stated that, if the Trades (2) What is its cost? and Labour Council can provide me with (3) Has any investigation been carried specific details of unjustified increase9 in out into the possibi!i.ty of a free immunisa­ prices of home electrical appliances, manu­ tion programme run by his Department? factured in Queensland and distributed in Queensland, I shall have them ( 4) Is the gamma globulin immunisa­ investigated." tion in plentiful supply? 2694 Questions [ASSEMBLY] Questions

( 5) If the price of the drug is so season will be operating in the Gulf of prohibitive as to preclude the possibility Carpentaria and that hundreds of tons of of a State-wide programme, has an prawns will be processed and '>hipped to approach been made to the Commonwealth overseas markets? Health Minister with a view to a joint programme? (2) Has he considered taking appro. Answers:- priate measures to have the Gulf of Car­ pentaria waters included as territorial ( 1) "Immune globulin, also known as waters? If not, will he give the proposal gamma globulin, is recommended by most his attention in an effort to safeguard the health authorities for the protection of future of our prawning industrv in the close family contacts ·of a patient with Gulf? · hepatitis, if given as soon as possible after the first known exposure to infection. Given early enough it will protect against Answers:­ hepatitis for up to six months." (1) "Yes." (2) "There is no cost to the patient for this product other than for the medical (2) "Waters in the Gulf beyond the fee in giving it. Gamma globulin is manu­ 12-mile limit are international waters and factured by the Commonwealth Serum no action by the Commonwealth or the Laboratories from blood donated to the State can alter this position." Red Cross blood banks, and the Com­ monwealth Government meets the cost of processing. It is supplied on the order DJMBULAH-CHJLLAGOE RO,\D of a doctor." Mr. Wallis-Smith, pursuant to notice. asked (3) "As the immunity conferred by The Minister for Mines,- gamma globulin lasts only a few months, it is not suitable for mass use." In view of the increasing popularity of the Chil.lagoe Caves and the increased use (4) "Yes." of the Dimbulah-Chillagoe road by road (5) "The product is available free of hauliers and tourists, will he give early cost." attention to the road, which has been severely affected by heavy rain;;"' LABELLING OF PHENACETIN Mr. Hinze, pursuant to notice, asked The Answer:- Minister for Health,-- "Repair of the road will be dealt with Further to his Answer to a Question as a matter of routine by the District asked by the Honourable Member for Port Office of the Main Roads Department, Curtis on November 16, 1967, concerning which will also no doubt be considering the availability of phenacetin as an analgesic the possibility of recommending improve­ and the opinion of the National Health and ments in the next financial year. .. Medical Research Council that a warning label stating "This medication may be dangerous when used in large amounts or SCHOOL BUILDINGS AND STAFFING, for long periods" is necessary, what are MITCHELL RIVER AND EDWARD RIVER the latest available figures relative to old ABORIGINAL COMMUNITIES stocks and when will the new regulations reported to be effective as from January 1, Mr. Wallis-Smith, pursuant to notice, asked 1968, operate? The Minister for Works,- Answer:- ( 1) Have the schools at Mitchell River and Edward River communities been built "Stocks of phenacetin not labelled in accordance with the recent Poisons Regu­ and, if so, is the accommodation for pupils lations amendment still exist in many parts and teachers adequate and of a standard of the State and no estimate of the amounts comparable with that at State schools involved can be obtained at short notice. throughout Queensland? However, the trade will be informed that no sales of phenacetin and its compounds (2) How many teachers from the Educa­ can be made after July 1, 1968, unless tion Department were appointed at each of correctly labelled." the schools at the beginning of the 1968 school year?

PROTECTION OF PRAWNING INDUSTRY. ( 3) Did all the appointed teachers take GULF OF CARPENTARIA up duty at the appointed time? If not Mr. Wallis-Smith, pursuant to notice, asked when did the replacements take up duty? The Treasurer,- ( 4) Is it intended to fullv staff the ( 1) Is he aware that it has been reported schools with teachers from the Education in the Press that a number of foreign Department and, if so, when will the addi­ prawning trawlers in the coming prawning tional appointments be made? Questions [2 APRIL] Questions 2695

Answers:- CLASSIFICATION OF TEACHERS UNDER ( 1) "School buildings have been erected EMERGENCY TEACHER TRAINING at Mitchei! River and Edward River com­ SCHEME munities. The acc-ommodation is adequate Mr. P. Wood, pursuant to notice, asked The and of a standard comparable with that Minister for Education,- provided at State schools in Queensland." What classification will be granted to (2) "At the beginning of the 1968 teachers undergoing the emergency training school year two teachers from the Educa­ scheme on the completion of their training? tion Department were appointed to the school at Mitchell River and one to the Answer:- school at Edward River." "Teachers on probation with salary as (3) "One teacher appointed to the follows:-(a) Non-graduates-$109.20 per Mitchell River school did not take up duty. fortnight for men, $103.80 per fortnight A teacher in replacement will be appointed for women. (b) Graduates-$138.20 per as soon as possible." fortnight for men, $132.40 per fortnight ( 4) "It is intended to fully staff these for women. In addition teachers will schools with teachers from the Education become eligible for the high-school allow­ Department when funds and circumstances ance of $6.15 per fortnight. Graduates permit." will also become eligible for the graduate allowance of $7.70 per fortnight." Mr. P. WOOD (Toowoomba East): I ask Questions 17 and 18 standing in my name. [ have been informed that a third question of which I gave notice has been disallowed SAND MINING LEASES because the same question was asked by the Mr. Newton, pursuant to notice, asked The hon. member for Maryborough on 20 March. Minister for Mines,- I regret, Mr. Speaker, that I did not have ( 1 ) What is the number of mineral the opportunity to discuss the matter with sand mining leases at present approved you before the sitting commenced this by his Department? morning, but the question asked by the hon. member for Maryborough on 20 March-- (2) What are the names of the firms and companies and where are the locations Mr. SPEAKER: Order! The disallowance of the approved leases? of a question cannot be made the subject of debate. (3) What was the amount of royalty received up to March 1, 1968, from such Mr. P. WOOD: With due respect, the companies and firms? question asked by the hon. member for Maryborough and the one of which I gave ( 4) What is the number of mineral sand notice are not the same. prospecting leases presently held by firms and companies and what are the locations? Mr. SPEAKER: Order! In my opinion, they are the same and they have been adequately answered; so there will be no Answers:- further discussion on the matter. ( 1) "One hundred and ninety-eight dredging leases, mineral leases, special Mr. P. WOOD: They are not the same mineral leases and applications therefor." question. (2) "This material. is extensive and Mr. SPEAKER: Order! If the hon. mem­ covers three double pages-the equivalent ber continues to argue with the Chair I of six foolscap pages of typing. This is shall deal with him. tabled for perusal by the Honourable Mr. P. WOOD: Mr. Speaker-- Member." Mr. SPEAKER: Order! If the hon. mem­ (3) "$365,848.23." ber continues to interject, I shall also dis­ ( 4) "Twenty-two. A separate statement allow his two questions on the Business giving particulars is also tabled for the Paper. Honourable Member's information." Mr. P. WOOD: I ask Questions 17 and 18. Paper.-Whereupon, Mr. Camm laid upon the Table of the House the statement referred to. RESIGNATIONS OF SCHOOL TEACHERS Mr. P. ·wood, pursuant to notice, asked The :V1inister for Education,- EXPORT OF SUGAR AND WHEAT TO JAPAN How many teachers have resigned or given notice of resignation from January Mr. Davies for Mr. Lloyd, pursuant to 1 to the present date? notice, asked The Premier,- ( 1) Has his attention been drawn to Answer:- the possible detrimental reaction in Japan " Eight hundred and four teachers have to recent outbursts by the Deputy Prime resigned or given notice from January 1 Minister, Hon. J. McEwen, relating to the to the present date." Japanese Trade Agreement and to the 2696 Questions [ASSEMBLY] Questions

possible effects of these outbursts on ( 4) Would he take the necessary steps exports of Queensland sugar and high to ensure that this type of advertising does protein quality wheat? not occur again? (2) In view of the great importance of Answer:- these industries to the State's economy, what action is his Government taking to ( 1 to 4) "These Questions relate to an ensure that the industries, particularly the action which is pending in the District sugar industry, will not be subjected to Court at Brisbane. A date of hearing was the introduction by Japan of more severe fixed in the summons on the plaint and the restrictive trade practices than at present action is on the list of matters awaiting exist in regard to price and market? trail. The Questions, therefore, relate to a matter which is sub judice." (3) As an apparent relationship exists between his Government and sections of Japanese capital, has the Government REASONS FOR RESIGNATIONS OF ScHOOL made any recent attempts to secure an TEACHERS improved sugar price from Japanese importers? Mr. Bromley, pursuant to notice, asked The Minister for Education,- Answers:- ( 1) What were the main reasons for ( 1) "I am aware of comments recently resignation given by the 1,112 teachers made by the Right Honourable the Deputy who resigned in 1967 for reasons other Prime Minister in relation to some aspects than marriage? of Australian trade with Japan, but I (2) For what reasons did the 102 cannot accept that these comments could secondary school teachers with degrees adversely affect Queensland trade in sugar resign? and wheat." Answers:- (2) There is no suggestion that the Queensland sugar and wheat industries ( 1 ) The main reasons, other than will be subject to more restrictive trade marriage, given for resignation by teachers practices on the Japanese market. Present during 1967 were:-Family reasons trade relations with Japan are governed (females), travel overseas, leaving the by the trade agreement initially negotiated State, other employment, to attend the by Mr. McEwen in 1957. Within the University." terms of the trade agreement exports to (2) "Reasons for resignation by Japan of Queensland wheat, sugar, coal secondary teachers, with degrees, during and other commodities have vastly 1967 were:-Family reasons (females}, expanded. There is no reason to expect marriage, leaving the State, other employ­ that this trend will not continue." ment, to attend the University, ill-health." ( 3) "The Government has consistently endeavoured to secure higher prices for Queensland sugar not only on the Japanese GENERAL PRIMARY COURSE, TEACHERS' market but on all world markets and will COLLEGES continue to do so." J\!Ir. Bromley, pursuant to notice, asked The Minister for Education,- ( 1) Of those who failed first or second ADVERTISEMENT FOR SALE OF CROWN year examinations in the "General LAND, BRIBIE IsLAND Primary" course at Teachers' Colleges in Mr. Bromley, pursuant to notice, asked The the years 1961 to 1967, how many have Minister for Lands,- been admitted to the teaching service? ( 1) Is he aware of an advertisement (2) For what reasons were Teachers' sheet which was issued by the Department College Scholarships cancelled in the years of Lands and used in the sale of Crown 1961 to 1967? Land in the Parish of Woorim, County of Answers:- Canning in 1964, stating that both elec­ tricity and town water supply were avail­ (1) "Nil." able on the island? (2) "(a) Inability to satisfy college (2) Is he also aware that neither water examination requirements; (b) Medical nor electricity was available at the site unfitness." of the allotments offered for sale at that time and that electricity is still not avail­ able there? TEACHING OF ASIAN LANGUAGES IN STATE SECONDARY SCHOOLS (3) As the text of this advertisement would convey the impression that the ser­ Mr. Thackeray, pursuant to notice, asked vices were available at the estates offered The Minister for Education,- for sale and as the service of electricity Has consideration been given to the has not yet been provided, what action teaching of Asian languages, especially does he intend to take to provide it? Indonesian, in State secondary schools? Questions [2 APRIL} Questions 2697

Answer:- RAILWAY STATION-MASTERS, ASSISTANT "Yes. Japanese is available in four city STATION-MASTERS AND NIGHT OFFICERS high schools and in the Toowoomba and Mr. R. Jones, pursuant to notice, asked the Townsvi!le high schools. Indonesian The Minister for Transport,- was considered, but Japanese was preferred, What is the number in each instance of mainly because there was a body of trained the Railway Department's station-masters, teachers of this subject available." assistant station-masters and night officers serving within the classifications at June 30, 1957, and 1967? INSTALLATION OF SHIPS' GARBAGE INCINERATORS Answer:­ Mr. R. !ones, pursuant to notice, asked "Classifications As at The Treasurer,- 30-6-57 30-6-67 416 375 ( 1) Has Queensland accepted full finan­ Station-masters Assistant station- cial responsibility for the installation of 423 410 incinerators at portsides for disposal of masters Night officers 303 325 ships' garbage? Staff officers 82 (2) If so, has his Government made any prior or recent request to the Com­ 1,224 1,110" monwealth for financial assistance for the incinerators and, if not, why not? (3) Can he explain why New South APPOINTMENT OF AGRONOMIST, Wales, Western Australia and Tasmania MARYBOROUGH DISTRICT are being granted full costs of their port Mr. Davies, pursuant to notice, asked The incinerators while it is reported that Minister for Primary Industries,- Queensland is not? Has an agronomist been appointed to Answcrs:­ the Maryborough district? If not, when does he expect to make this necessary (1) "No." appointment? (2 and 3) "See Answer to ( 1). Answer:- "No agronomist has yet been appointed REVALUATION OF JUNIOR AND SENIOR to the Maryborough district. Senior E:X:AMINATION PAPERS officers of the Department of Primary Mr. R. Jones, pursuant to notice, asked Industries inspected the district on The Minister for Education,- March 20 at the invitation of the Rural Advisory Committee of the Maryborough ( 1) Will he supply the figures in regard and District Promotion Bureau, when a to the number of applications for the submission was presented by the Advisory revaluation of 1967 examination papers in Committee seeking the appointment of an (a) Junior and (b) Senior and, if so, what agriculturist to the district. This submis­ were the numbers, the charge levied on sion is being examined in the light of the individual papers and the total amount of staff position in the Department. How­ moneys received? ever, it is unlikely that an appointment can be made this financial year." (2) Of the papers revalued, how many were rejected and how many received higher or lower marks, respectively? CoMPLETION OF SEALING, MARYBOROUGH­ BOONOOROO ROAD Answers:- Mr. Davies, pursuant to notice, asked The (!) "(a) Junior-(i) 6,409; (ii) $1 Minister for Mines,- per subject except in the case of English, As Boonooroo is an important fishing book-keeping and art, where the fee was centre and Maryborough's nearest seaside $2; (iii) $8,085. (b) Senior-(i) 7,768; resort, wi.U he endeavour to persuade the (ii) $4 per subject; (iii) $31,072." Burrum Shire Council to give top priority (2) "(a) Junior-The results in 5,988 to the sealing of the several miles of gravel cases were confirmed; in 421 cases the on the road? results were raised; and in no cases were the results reduced. (b) Senior-The Answer:- results in 7,307 cases were confirmed; in "No. I have no doubt that the Burrum 461 cases the results were raised; and in Shire is just as anxious as the Honourable no cases were the results reduced. Note: Member to have the road built and will In all cases where the results were raised, press for it when they feel justified in the revaluation fee was refunded." doing so." 2698 Paper [ASSEMBLY] Law Reform, &c., Bill

PAPER In the event of proceedings in tort being The following paper was laid on the brought raising a question or questions which table:- could more conveniently be disposed of on Regulations under the Clean Air Act of an application under section 21, the court 1963. can stay proceedings under this new Act. It can also, in the tort proceedings them­ FORM OF QUESTION selves, exercise any power which it could have exercised on an application under Mr. P. WOOD (Toowoomba East): I give notice of a further question that I will ask section 21 or give such directions as the Minister for Education. It is a it thinks fit for the disposal under section 21 reframing of the question that was dis­ of any question which has arisen in the allowed earlier. I submit it to you, Mr. proceedings. Speaker, for your consideration, in view of The Bill further requires that rules of the fact that I honestly believe that you court be made requiring the court to con­ made an error in disallowing-- sider at an early stage of the proceedings in Mr. SPEAKER: Order! If the hon. mem­ tort whether the power to stay should or ber wishes to argue with me I trust that should not be exercised. he will not use this Chamber as a forum. The provisions of the Bill follow the pro­ If he cares to come to my office I will talk to him reasonably about it. I think it should visions of the Law Reform (Husband and be known to all hon. members that the Wife) Act of 1962 of the United Kingdom. recommittal of a question in another form­ Similar provisions are embodied in the legis­ in other words, a rearranged question on lation of Tasmania. the same matter as the one that has been Certain other States of Australia, namely, disallowed-it is still out of order. New South Wales, South Australia and Western Australia, have legislated in a some­ what more restricted manner in relation to LAW REFORM (HUSBAND AND WIFE) the question of proceedings in tort between BILL the parties to a marriage. In those States the INITIATION IN COMMITTEE right to sue is restricted to personal injuries arising out of the negligent use of motor (The Chairman of Committees, Mr. Hooper, vehicles. The Bill widens the field to cover Greenslopes, in the chair) all actions in tort. Naturally, I expect the Hon. P. R. DELAMOTHE (Bowen­ provisions now being introduced to be most Minister for Justice) (11.41 a.m.): I move­ used in motor-car accident cases. As hon. members know, at present a person who is "That a Bill be introduced to amend the injured whilst travelling in a motor-car can law with respect to civil proceedings sue for damages under third-party insurance, betweeen husband and wife." the only person excluded from so suing being This is a short Bill, containing only one the wife of the driver. Even a de facto wife principle. Its purpose is to enable each of can sue. The Bill removes what has been, in the parties to a marriage to have the like right my opinion, a very grave injustice. of action in tort against ·each other as if they were not married. For the benefit of the Mr. Houston: This will allow ordinary non-legal people in the Chamber who per­ domestic fights to be made the subject of haps would like to know, a tort is a civil court action. wrong giving a right to compensation at the Dr. DELAMOTHE: That is the first suit of the injured party. exclusion that I mentioned. The court will The effect of the proposed Bill can be have power to stay proceedings if it becomes shortly stated thus: the ancient principles of apparent that the action is merely a battle the common law qualified with an important over trivial grievances. modification in section 15 of the Married Women's Property Act of 1890, according to Mr. Houston: But it can still go to court? which husband and wife are incapable of Dr. DELAMOTHE: Yes, and the court committing a tort against each other and are will have the power to decide if it is merely incapable of suing each other in court, will be a trivial domestic brawl, when the case can abolished. This abolition will in practice be be stopped early in the proceedings. subject to two exceptions: firstly, a court will have a general power to stay proceedings in The State of Victoria has not legislated to court brought by one of the spouses against any extent in this field, but the Statute Law the other during the subsistence of the Revision Committee of that State has con­ marriage if it appears to the court that no ducted an inquiry into the matter and has substantial benefit would accrue to either recommended that there should be a right of spouse from the continuation of the proceed­ action in court between spouse and spouse ings; and secondly, under the provisions of without any restrictions such as are embodied the Bill a court has a twofold discretion in in the Tasmanian and English legislation. The relation to disputes concerning the title to or State of Victoria has gone some small way the possession of property. Such a dispute to remove anomalies in proceedings in court can, of course, be settled by invoking section between spouse and spouse, thus enabling a 21 of the Married Women's Property Act of husband to sue his wife in tort for the pro­ 1890. tection of his personal property. Law Reform [2 APRtL] (Husband and Wife) Bill 2699

The English legislation arose out of the of Chattels) Act of 1952 ameliorates to some Ninth Report of the Law Reform Committee extent the hardships of third parties in this (Liability in Tort between Husband and respect. Wife), published as Command Paper 1268 in January, 1961. The following extract from The unsatisfactory state of the law with the repor.t indicates the unsatisfactory situa­ respect to spouses has been highlighted by tion of the law as at present- the existence of compulsory insurance with "The present state of the law is both respect to injuries arising out of the negli­ anomalous and unjust. It is anomalous that gent use of motor vehicles. It appears at the present day a husband should be in unreasonable that the driver's mother or a worse position than his wife in regard daughter should be able to recover damages to the right of action in tort. This anomaly is accentuated by the fact that there is no in respect of his negligent driving yet the restriction on a wife's right to sue her wife is placed at a disadvantage merely husband for a tort committed before because of the marriage relationship. It marriage (Curtis v. Wilcox [1948] 2 K.B. also appears ironical that an unmarried 474) though he cannot sue her for an couple living together should be in a ante-nuptial tort (Bayliss v. Blackwell, better position in relation to protecting their [1952] l K.B. 154). The law is unjust in its property and person than a married couple. effect on the spouses themselves as well But although this question is of particular as on third parties. The fact that the wife's importance in connection with the insurance right of action is limited to the protection against road traffic risks, there are other of her property means that in no circum­ stances can she sue her husband for per­ occasions-for example, where potentially sonal injury inflicted on her, however dangerous machinery is used in the home grievous. This was well illustrated in or on a farm or in a shop-on which negli­ Tinkley v. Tinkley, (1909) 25 T.L.R. 264, gence may result in grave injury and where in which a wife who was living apart from insurance is a common practice. her husband was arrested and lost her The first of the two exceptions to the employment as a result of a false accusa­ unrestricted right of spouse to sue spouse tion of theft made by him and was yet in tort during marriage is felt to be reason­ denied any redress. A further unsatis­ tory result of the present law, of consider­ able and is based upon the theory that the able importance in modern conditions, is law should not readily lend its aid to the the fact that a husband's (or wife's) third airing of petty grievances between husband party insurance is of no avail to a spouse and wife. The second exception confers who is injured by the other's negligence." upon the court a discretionary power in cases covered by section 21 of the Married The learned editor of Salmond on Torts sums up the objections to the law on page 82 of Women's Property Act, 1890, to stay the the Twelfth Edition in words which the proceedings, exercise in the proceedings the committee had no hesitation in endorsing- powers conferred by section 21 and which previously could have been exercised only "It is difficult to understand some of the in proceedings expressly designed to bring present-day law relating to husband and section 21 into play, or give directions for wife. First, it is generally agreed that the the disposal under that section of any principle which prohibits actions in tort question arising in the proceedings. between husband and wife is justifiable, not on the ground of the obsolete fiction Section 21 provides for the settlement in of the legal unity of the spouses, but a summary way of property questions arising because such litigation is 'unseemly, dis­ between spouses. It has been urged that tressing and embittering': Gottliffe v. to give unrestricted right of action in tort Edelston, [1930] 2 K.B. 378, 392, per between spouses would be liable to break McCardie J. up or injure a marriage. It is the wrongful "But this must be so whether the tort act or omission, not the existence of a legal takes place before or after marriage: hence remedy, that may cause unhappiness and it is hard to see why a wife should be will, if relations are already strained, tend to permitted to sue her husband for pre­ disrupt the marriage. nuptial torts. Secondly, even if this is desirable, it is difficult to discover any The status and independence accorded to reason in logic or justice for denying to married women in our society in the course the husband the two privileges at present of the last 100 years makes it impossible possessed by his wife-the right to sue for at the present day to support the common­ pre-nuptial torts and for the protection and law rule. There appears to be no good security of his property. Thirdly, whatever reason in this day and age for perpetuating rule may be thought desirable to regulate the existing state of the law. There is no the position as between the spouses them­ reason in principle for limiting the right of selves, it is surely indefensible that third action to actions arising out of the negligent parties should be adversely affected by any use of motor vehicles. It is felt that the marital privileges-as they are in several law should accept the view that a spouse is cases as the moment." an individual citizen who 'Should possess all the legal rights normally available to lt is pointed out that, in this State, section 7 individual citizens. of the Law Reform (Tortfeasors Contribu­ tions, Contributory Negligence and Division I commend the motion to the Committee. 2700 Law Reform [ASSEMBLY] (Husband and Wife) Bill

Mr. HOUSTON (Bulimba-Leader of the but no further action takes place. I imagine Opposition) (11.5 5 a.m.): I think this is a that in cases such as those, under this legis­ typical example of instances where, because lation the wife will be able to sue not only of changing times and circumstances, the for divorce, if she so desires, but also for law that was once held to be good and just damages in respect of injuries that she has has now been found wanting in many of its suffered at the hands of her husband. She aspects. In considering this Bill, I think may possibly wait until the divorce is absolute we must throw our minds back to the time and then proceed for damages, which I when the law preventing a husband from believe she can do at the present time. suing his wife, and vice versa, was originally The position is that the Bill opens quite a introduced. In those days de facto wives were large field in regard to one spouse suing the virtually unknown, or at least were certainly other. We will have to look at these factors not publicised. to see what possible repercussions they might In addition, we did not have many motor­ have not only on the two people concerned cars and other modern machinery the use but also on their children. If the injuries of which could cause injury to one party or sustained are to be evidence in a divorce and the other. I feel also that in those days there also evidence when damages are sought, I was more likelihood, because of the close­ feel that the children have to be considered knit relationship between husbands and wives, somewhere along the line. in which the wife was considered to be no There is one matter that I would suggest more or less than a domestic help, there that the Minister for Justice bring to the was more opportunity for husbands and wives attention of his colleague the Minister in to get their heads together with a view to charge of police. If people are to use this falsifying evidence. In fact, the wife would legislation to obtain justice in divorce pro­ be in the position where she could not do ceedings-there could be no fight against that anything but substantiate and support her -it could mean that the police will be husband in whatever statements he might involved in domestic matters more than they make. are at the present time. Unfortunately, at That was the thinking of that period and it the present time police are required at times is true, as the Minister has pointed out, that to go to homes because of domestic with changing circumstances there is now a upheavals. need for some change. Consequently, I I think it is wrong that a policeman should believe that the general principle behind this go on his own when he is called on to inter­ Bill is acceptable to the Opposition. Whether vene in a private domestic matter. There or not we will go along with every clause should always be at least two policemen. in it will have to be decided when we have Without going into the details of recent seen the Bill and considered its possible tragedies, I suggest that a repetition of them repercussions in other fields. could be avoided by requiring that there be The principle that a husband and wife can more than one police officer in attendance. sue each other, particularly in motor-car I feel that because of the provisions of the cases, is, I think, just and fair. I have Bill there will be more requests for police previously argued in this Chamber that assistance to prove that certain people were it is crazy that, in the case of injury injured at the particular time. This could caused by a motor vehicle, a de facto wife mean the use of police officers in an entirely can sue her de facto husband and that a different field. The evidence of a police girl-friend can sue her boy-friend, yet officer that he saw a woman in a certain immediately they are married that is no state might be required if the only other longer possible. As a matter of fact, under person present at the time was her husband. the old law neither husband nor wife might I should not like to think that members of be driving the vehicle involved in an accident the Police Force were being used purely yet neither was able to obtain redress. There as investigators for that purpose. The have been cases in which a car owned by the investigation of motor-vehicle accidents and husband accidentally knocked the wife down the like is entirely different from the investi­ when backing out of the garage but no action gation of domestic arguments. could be taken to give her justice. After all, At the present time a wife is not com­ laws dealing with compensation are intended pelled to give evidence against her husband. for the obtaining of social justice and not I think that is the common-law rule at the for the making of financial gain. present time. As the Minister pointed out, this Bill does Mr. Aikens: She can if she wants to. not deal only with motor vehicles but will cover virtually all facets of married life in Mr. HOUSTON: That is true, but she which evidence before courts is involved; so cannot be forced to do so. I imagine that I imagine that this will lead to new ideas in the idea behind this Bill is to allow wives to regard to divorce proceedings. One of the take advantage of its provisions. Perhaps reasons for divorce-in fact, the reason that a husband might want his wife to give is probably used most often-is assault by evidence. I do not know whether or not any the husband of the wife, causing her injury. thought has been given to making it work Normally, in such cases a divorce is granted both ways. The protection is being removed Law Reform [2 APRIL] (Husband and Wife) Bill 2701 on one side; I do not know whether the word after word from my speeches in Minister has any idea of doing it the other "Hansard". He should not blame the hon. way in other legislation. That is only a member for Windsor entirely for it. query that I pose at this stage, but it could I have always believed that we should affect the thinking of hon. members as to have as much statute law as possible. Any­ how far they should go on the damages side one who has gone into the vexed question with actions between wives and husbands. of statute law and common law knows that With those general remarks, I indicate common law is a happy harvest time for the that the Opposition will not oppose the lawyers. Common law is not written. It is introduction of the Bill. We welcome the . based purely and simply on precedent. When third-party provisions. This is a matter that a civil action takes place in court the we have investigated and have advanced barrister on one side stands up with a great arguments about at different times. We will heap of law books in front of him and have a look at the other provisions of the quotes from one of them where Justice Bill when it is printed. "Buzzfuzz" gave such-and-such a decision on the point in question away back in, say, Mr. AIKENS (Townsville South) (12.4 1892. The lawyer on the other side then p.m.): I was very pleased to be here for the quotes the decision given by Mr. Justice Minister's introductory remarks. At the out­ Appobolicus, or some name like that, in set, let me say that the Bill was introduced 1895. The presiding judge has to sit like a at this hour of the day because of what I benign umpire between the barristers submis­ consider to be a shirt-tail agreement between sions. But if there is statute law, it is the Government and the hon. member for written for all to read. South Brisbane to postpone the first measure We know, of course, that our statute law on the Business Paper until tonight because is inverted. We know that it is full of loop­ he is never here until the night sittings. holes and technicalities, and that lawyers The CHAIRMAN: Order! make quite a lot of money out of it. I should not like to guess how much money Mr. AIKENS: During the last State elec­ they have made, for example, out of section tion campaign I had the temerity to announce 92 of the Commonwealth Constitution. on television that in this Parliament we would I welcome this legislation for two reasons. see two great legal reforms. I said, "My First, we have statute law superseding friend Dr. Delamothe, the Minister for common law. I know the lawyers do not Justice, will bring down a Bill to protect the like that, but I do, and I am not concerned housewives of Queensland against the pre­ with what the lawyers like. Second, a datory door-to-door salesmen. He will also measure of justice is given to the legal bring down a Bill to give legal wives the wife, which was freely available to the de same rights at law as de facto wives." I had facto wife, and, in fact, to anybody else. no knowledge that the Minister for Justice As the Minister for Justice said, it was was going to do that-1 was merely relying freely available to a daughter, a son, or on his sense of fairness, his sense of justice anybody else, for the damage done to them. and his sense of equity-so I will be hailed The Minister said that when this legislation as the greatest political prognosticator of all becomes law-I hope with the unanimous time. vote of this Assembly-a wife who is a If the hon. member for Bowen is in this passenger in a car and who is seriously Chamber for another couple of Parliaments­ injured as a result of her husband's driving and he will be if I have anything to do with of the car will be able to sue the husband. it-I feel sure other great legal reforms She really sues the insurance company, but will be introduced in the interests of the that is not the point. On the law as it ordinary common people. I will not mention stands at present, even if the wife was what those necessary legal reforms are, out in the yard, or out on the road, and the because, during the next Address-in-Reply husband ran her down and crippled her or debate or the debate on the Financial State­ injured her for life, she still could not claim, ment, the hon. member for Windsor will because under common law-and this is make a long speech about them and acclaim something that the hon. member for Windsor them as his brain-child, as he has done on might like to know-that we inherited from other occasions. I dealt with this matter in England, the wife and husband are regarded 1947, when the hon. member for Windsor as one entity and are inseparable in law, and, was little more than a twinkle in his father's on the common-law basis one cannot sue the eye. I do not care if he wishes to claim other. credit for the introduction of this measure. As I say, I am very happy that this legis­ I do not care who gets the credit for it as lation is being introduced. There are many long as the legal wife gets the benefit of it. other ways in which the law-on this par­ Mr. Hanson interjected. ticular basis and principle~ould be amended. At the present time, if a man is Mr. AIKENS: I have heard the hon. mem­ killed at work-here we have it in reverse­ ber boast about northern development. I his legal wife can get workers' compensation have seen him rise in the Chamber and read but his de facto wife cannot, even though 2702 Law Reform [ASSEMBLY] (Husband and Wtfe) Bill

she may have been his de facto wife for 35 a little further and make it mandatory that or 40 years and may have borne and reared if a Government employee dies intestate, his children and helped him build a home. the officer in charge of his department shall I know of cases, as we probably all do, where pay to the administrator of the deceased's men have been killed at work, and the de estate any money owing to him. facto wife-his real wife for 30 or 40 years­ could not get workers' compensation. The Mr. Walsh: If he died intestate there would moment he was killed, as if by magic his be no executor. legal wife appeared, hoping to claim Mr. AIKENS: To the Public Curator or workers' compensation, only to find that she trustee. The Public Curator does not walk, could not get it. Nobody gets it, neither the in automatically, as some people think. I legal wife nor the de facto wife. The legal appreciate the interjection. Anybody inter­ wife cannot get it, of course, unless she can ested in the estate could go to the trustee prove that she was dependent on her husband or the Public Curator and have him act. at the time of death. We know that the and, once he acts, he can handle it. children of a de facto marriage are protected I know that many union officials have a in this regard, but a de facto wife is not. good deal of trouble in this regard. A degree The Commonwealth Government recognises of cynicism is developed because quite often a de facto wife for social-service and several nobody is interested in a person, until he other benefits. We are not here at all to dies, and then his legal wife, his de facto administer mosaic law, but as legislators­ wife and others run to the Railway Depart­ ordinary, average intelligent men-to admin­ ment or to the head of the Government ister the laws for the people of Queensland. department in which he worked and say. Today a de facto marital existence is accepted "Give me all the money that is owing to by all and sundry-! know that it is some­ him". I would not like to be in the position what scorned by some people. But de facto of the Commissioner for Railways or the marriages have been quite successful, and Commissioner for Main Roads or other hundreds of fine children have been born officer in such a case. They have been able to them. This is denied by the cynics, and I to straighten these things out, but it takes do not want to develop into cynicism on this quite a long time to do it. matter. A de facto marriage usually lasts There is another matter to which the because the two people have to stick together Minister could give his august and sincere -their love and affection binds them together attention, namely, probate and succession -whereas a legal marriage sometimes breaks duty as it applies to a legal wife. Sometimes up or fails to last only because one spouse a man dies and his wife has a good deal waves the marriage certificate at the other of property which she claims she brought and says, "I have you tied up with this and with money she saved from the housekeeping now you are mine. God help you." I have money given to her by her husband. She may ~nown of such cases. have many items that she claims are her If the Minister for Justice continues in own. She even holds the receipts for them. the humanitarian way in which he has carried When the estate is lodged for the assessment on since his elevation to the position of of duties payable, the Stamp Duties Office forces the widow to prove that she actually Minister for Justice, and if he takes his earnt the money to pay for those articles. legal degrees, as he could ea:Sily, it might She is told, "You got this money from your be a good idea, in the years to come, when husband; he gave it to you as housekeeping he decides to finish with Parliament-! am money. Although you may have saved sure that the electors will never finish with him-for him to set up in practice as a 20 per cent. or 30 per cent. of it, it is still lawyer rather than as a doctor. If he became his money. The value will be added to his as good a lawyer as he is a doctor he would estate, and you will have to pay probate make a fortune at the Bar, as many lesser and succession duty on all the goods now standing in your name." That is a matter that men are doing. the Minister for Justice could well consider. I had a case the other day of a man who seeing that the Committee is now dealing died intestate. If a railway employee dies with the general question of removing all intestate-! assume the same position arises such hindrances. if he is working for any other Government department-the department decides to whom Mr. Walsh: Have you had actual cases the payment for accumulated holidays, long along those lines? service leave and retiring allowance will be Mr. AIKENS: Yes, several. I had one in made. Sometimes it is paid to a relative Townsville only the other day. and sometimes, as was done in this case, it is paid to the Public Curator in Towns­ Mr. Kaus: I have one now. villc. [ was able to settle the estate for a most eminent lady who wrote to me about Mr. AIKENS: They are very common it, asking my advice. She wrote to me after cases. A wife may save some of the money the estate was settled and thanked me, and received for housekeeping and with it buy possibly because she had some right to do a car, furniture, or even an allotment of so she said, "God will abundantly bless you". land. When her husband dies, the Stamp He has a lot of leeway to make up, never­ Duties Office will say, 'That is not your theless she may be right. We should go money. That is not your property. It is Law Reform (2 APRIL] (Husband and Wife) Bill 2703

really your husband's property, and you are interested in the dissertation of the hon. going to pay probate and succession duty member for Townsville South, who has just on all the goods that you bought with your resumed his seat; we learnt from it quite a husband's money." lot about stamp duties and wills and, indeed, I have another matter to refer to which almost all things but those with which the the former Treasurer, Sir Thomas Hiley, Bill is concerned. However, I join with him promised to clear up. I must make some in championing this cause; it is fair and just, inquiries to see what he did, for it applies and the change is long overdue. One might to all superannuation funds. On my say that it could be termed a "P.O.W." Bill­ death, as a case in point, my wife a protection of women Bill. Such a title will be entitled to two-thirds of my would not be without reason, either, because superannuation benefits, which will be $40 of the current trends in society and because a week, or approximately $2,000 a year. so many womenfolk are being deserted and The Stamp Duties Office will say, "Well, left to rear and educate families. This, of Mrs. Aikens looks like living for another course, raises very grave problems for them. 10 years. We will therefore multiply $2,000 The motor vehicle is not so modern these by 10, to give $20,000. We will add that days; it has been with us for a long tim~. to Tom Aikens's estate, and Mrs. Aikens I take issue with the Leader of the Opposi­ will have to pay probate and succession duty tion for saying that it is proposed to intro­ on what he actually left, plus $20,000, at the duce the Bill because of the needs of today. higher rate applicable to the total amount." In my opinion, such a Bill could well have I know that Sir Thomas Hiley promised been introduced many years ago. I am to look into that matter. If I left my money not suggesting that that is entirely the fault of former Labour Governments; I think to a de facto wife, who could not inherit my Country-Liberal Governments, too, have been superannuation benefits, she would have to dilatory in this regard. The Government pay probate and succession duty only on my may be diligent now, as the hon. member estate at the lower rate. The most astonishing for Toowong says, but I think its diligence thing of all is that if my wife died the day results from the prodding of the hon. mem­ after probate and succession duty had been ber for Windsor, who has been championing levied on my estate, including the additional this cause since 1961. $20,000, there would be no rebate. Undoubtedly, the hon. member for South Mr. Smith: She would get a re-assessment. Brisbane will try the trick to which hon. Mr. AIKENS: That is what the hon. members have become accustomed in this member thinks. He should turn round in Chamber and claim some credit and get on his seat and have a talk with the hon. the band wagon. I give the hon. member member for Hawthorne, who is aware of one credit for his adroitness and adeptness, and of these cases. He will not need to extend for his realisation that the Bill that the himself very much to beat Johnno Manu's Minister proposes to introduce is a worth­ while measure that will receive the acclama­ mate, Mr. Adsett, at the next State election. tion of the public. It occurred to me that I congratulate the Minister on introducing the hon. member for Townsville South might this measure. Any who care to refer to have foreseen such an attempt and, in a "Hansard" will see that I raised this matter very astute way, say that he had been a in 1947, and I have referred to it spor­ champion of such a course of action over adically since then. I know that the hon. many years, thus tending to prevent the member for Windsor mentioned it on one question becoming a matter of dispute solely or two occasions. between the two practising barristers who are Mr. Smith: In 1961. members of this Assembly. Any search of the records will prove that Mr. AIKENS: Well, he was a little bit late. there has been need for such an amending I am very glad indeed to see that the Bill for very many years, during which hon. member for South Brisbane is now in time the wife has been almost a chattel the Chamber. I should like him to tell the of the husband. The Act goes back to Committee why it is that he gets more legal the 1800's and was amended in 1952. work than the hon. member for Windsor. The Between its introduction and 1952, of course. latter is here most of the time, but the many Governments have been in office, and hon. member for South Brisbane is here the position of the wife was not always very little. associated with the motor vehicle, although. 1\'lr. Bennctt: I am too humble to answer as I said earlier, such vehicles are not that. exactly modern. The wife is still in the same position relative to injuries to her pNson Mr. AIKENS: Once again I congratulate in a domestic accident or upheaval, or even the Minister on introducing the Bill and, from the driving of a horse-drawn carriage. on behalf of the married women of Queens­ The need for the proposed provision has not land, I say to him, 'Thank you very much". become obvious only recently. Such a change has been needed for a long time. Many Mr. HUGHES (Kurilpa) (12.19 p.m.): I, Governments have not taken the action like the other members who have spoken, required to protect the womenfolk of the believe this to be a good Bill. I was community in this respect, and the Minister. 2704 Law Reform [ASSEMBLY] (Husband and Wife) Bill

and, more particularly, I should say, the I was raising the question of whether hon. member for Windsor, who has prodded husbands might need to protect themselves­ and goaded and been very diligent in his or in the case of a wife, to protect herself­ representations, should be given credit for by taking out a public-risk insurance on the the proposal now before the Committee. family dwelling. A husband who is sued under this Bill, when it becomes law, might lVIr. Bennett: You should read my speeches find himself liable for the payment of con­ on the matter. siderable medical expenses and other Mr. Porter: Who wrote them? damages. The Minister, in his reply, may be able to offer some advice in this connection :VIr. Bennett: Dr. Hartwig wrote them. because many people will be affected by this. Mr. HUG.HES: The hon. member for South If a couple are separated they are still Brisbane does make some vary good sub­ legally married, but the womenfolk, at missions in this Chamber. Before being present, do not have any protection at law in elected to Parliament in 1957, I was a member the recovery of damages. In these modern of the Brisbane City Council while the hon. days there are very many desertions and, in member was also a member of that body, most cases, it is the wife who is deserted. and I listened then to some very good sub­ I represent an area in which I see very much missions by him. I mean, he cannot be of this sort of thing. I take pride in having wrong all the time. been able to help so many people affected The fact is that the proposed Bill will by these tragedies, particularly so many of overcome many anomalies now existing that the young women with families who are being have become more apparent in later years. deserted today. Whether it is immaturity or Today, there are many broken marriages the irresponsible attitude of young men; and separations. Because of that, the pro­ whether it is economic circumstances, or the visions of the proposed Bill will have greater fact that they rush blindly into marriage, application in 1968 than they would have more out of lust than love, I do not know, but had in years past. They will give people they seem to have a family very quickly an opportunity that they have not had up and then cannot cope with the responsibilities to date to recover damages or compensation of marriage, whether in a personal, social for personal injury. or financial sense and very many marriages among young people are breaking up today. Apart from either spouse driving a motor vehicle and the other spouse, when injured, Mr. Davies: Perhaps it is the turmoil and not being able to take action against him instability in the Government. or her-a point that I think will be dealt with more ably by my colleague the hon. Mr. HUGHES: You cannot lay the blame member for Windsor-there is another point for everything at the door of the Govern­ on which improved protection for womenfolk ment. As I said facetiously at a wedding the is long overdue. other day, every man needs a wife because things go wrong, and you cannot blame I could instance the case of a wife who, everything on the Government. I think that even in a happy marriage, is injured on aptly answers the hon. member for Mary­ some unsafe steps at the family home. It borough. The fact remains that there are might be proved that the steps were unsafe very many of these personal tragedies among because of lack of maintenance. I think these young people and it is mainly the woman things should be considered because so many who suffers. I see many of these cases at accidents occur in and around the family the Kurilpa Child Care Centre. I should home and the question could be raised, now think that most hon. members have, at some and in the future, whether a husband-or a time, had to help people to overcome a wife for that matter~should take out an grave situation caused by the break-up of a insurance policy as protection against this marriage. It is a grave situation financially sort of thing. Even in a harmonious marriage because of the great anomaly that exists the wife could take action against her through lack of Commonwealth aid for a husband for damages suffered in such an period of six months after desertion. How­ accident. She could seek to recover medical ever, I will not attempt to extend the terms expenses, loss of wages or salary if engaged of the Bill on that basis. in outside employment, compensation for pain and suffering, and medical expenses. A great problem does arise. Although the This Bill will give womenfolk the opportunity husband and wife are separated, they are to sue their husbands in such circumstances. still legally married. In some cases the husband will visit the wife. A wife who Mr. BeiiDett: Do you think she should be is living apart from her husband may be entitled to sue her husband for loss of working. She comes home weary from work consortium? where she has been trying to earn enough money to rear and educate her children. Mr. HUGHES: The hon. member would When her husband visits her, he might com­ know more about that than I would. That mit an assault on her, damaging her person is more a moral issue than a legal one and and her clothes and involving her in medical T leave it to the hon. member for South expenses. At the present time the wife Brisbane and his conscience to deal with it. cannot sue the husband. That is why Law Reform [2 APRIL] (Husband and Wife) Bill 2705 one of the main provisions of the Bill disadvantage. Despite all that they have will be a godsend to women. In most contributed in marriage, they have often cases the woman pays and pays. Usually been the parties left lamenting. the woman is not as strong as the man. When an attack is made upon her person I compliment the Minister on the intro­ by her husband it may mean not only that duction of the Bill. I believe that women require the protection it contains. I believe she loses work-she can ill-afford to lose that it will be used wisely because there money that way-but that she incurs medical will be ways and means of preventing the and other expenses. Clothing and other court from being made the vehicle for petty property might be damaged. The Bill will squabbles. Those who deserve and need enable her to take action. If she is in squabbles by either spouse. Those who indigent circumstances, the free legal-aid deserve and need fair play, justice and fair scheme recently instituted by this Govern­ treatment will get it by the terms of the Bill ment will enable her to take action for the and the virtues associated with it. protection and compensation ·she will be entitled to under this Bill. Mr. SMITH (Windsor) (12.35 p.m.): As at one stage the Chamber was apparently m the We must look at the matter in another charge of the Minister for Primary Industries sense. The court should not be used as (he being seated on the front bench), while a vehicle for personal spite or the settle­ we are dealing with this matter of married ment of petty squabbles. We already have women suing, perhaps we could give some the Married Women's Property Act. The consideration to the current dispute in the Minister has given an indication of other Press as to whether or not wives are legal aspects that will provide a protection. cabbages. The courts are already clogged with a back­ log of work. The waiting time for the Mr. Davies: That is uncalled for. hearing of cases is already too long. Because of the characteristics of human nature we Mr. SMITH: I do not think it is uncalled must guard against wives or husbands using for. Obviously the hon. member does not the court as a vehicle to get back at their read the newspapers, otherwise he would be spouses for personal spite. The Minister up to date with what is happening in the might be able to enlarge on that point. community. More womenfolk than men are affected The current debate is indeed very approp­ by this legislation. From my study of these riate to the interpretation one gives to the matters I know that in the United States place of women in society. The concept of of America the relevant law weighs very husband and wife being one has long since heavily in favour of the womenfolk. Indeed, disappeared. There have been many attempts it weighs so heavily in favour of the women­ to emancipate women. Over the years we folk as to be not at all funny to the have seen the removal of most of the restric­ American male. Apparently the American tions, and I am not quite sure that this female is a more dominant personality than legislation is to the advantage of women. the American male. She holds the purse­ strings. The law dealing with alimony and At the present time they have an advantage. property settlements is so weighted in her A woman can sue for a pre-nuptial tort, but favour that so many husbands find it more the husband cannot. If a man was driving desirable economically and in every other his girl-friend in a motor-car and they had an way, particularly in the sense of being worry­ accident, the girl-friend could, and does free, not to take any steps that are likely to indeed quite often, sue for injury received. lead to the break-up of marriage. I know, If marriage intervenes it makes no difference. of course, that there is a high divorce rate The title is simply changed and the action in America. At the same time, there is proceeds. But it is quite the other way where a greater protection for women than we a man is injured and marries the girl. He have here. We are starting in Australia, cannot sue the girl. So, in fact, this legis­ and through this Bill in Queensland, to recog­ lation will remove a privilege that women nise that a woman is not a chattel. Recogni­ presently enjoy. tion is being given to her sacrifice in helping A woman also presently enjoys the to provide a home. In many cases she has privilege of suing to protect her own "separate had to go out to work to help provide the home and the facilities and amenities property", as it is called in law. That is in it. In many instances she has helped property which is hers, acquired with moneys to build up a business with her husband. other than her husband's. If she inherits After all these sacrifices a woman should property from her family it is her property not be simply cast aside, with her earnings and comes to her directly. It is her separate and everything else being associated with property and, at the present time, she can sue those of her husband, without having the her husband to protect it. But the husband benefit of the protection of law so that has no equivalent rights. It is idle for hon. she can get redress or recovery of damages members to talk about giving women rights where there is a moral claim, apart from when we are taking them away. In fact we the legal provision to sue now being pro­ are giving men a right which hitherto they vided. Womenfolk have been under a grave did not have. 87 2706 Law Reform [ASSEMBLY] (Husband and Wife) Bill

Mr. Bennett: A wife could not sue her is not only in that case. One of the cases husband in court following a motor-car that influenced so heavily the Lord Chan­ collision. cellors Committee in 1961 was Tinkley's case. I instanced this case seven years ago and Mr. SMITH: She could, and often did. A shall do so again today because it 'shows wife can maintain an action against her that this applies not only to car accidents. husband. That was decided in Curtis v, Mrs. Tinkley was living apart from her hus­ Wilcox, 1948, 2 K.B., 474, in the early part band, who made a false accusation about of this century. There is no doubt that a her. She was arrested and lost her job wife can sue her husband for injuries which because of her husband's false accusation and the husband inflicted on her before marriage. his issuing a summons for her arrest on that count. The accusation was quite ground­ Mr. Bennett: Not afterwards. less and so was the charge that was laid Mr. SMITH: She can sue afterwards. I against her. Because she lost her job and might as well correct the hon. member. That could not get it back she suffered damage, point was made in the Ninth Report of the but she could not sue her husband for it. They were not living together-they were English Law Reform Committee, published estranged. as Command Paper 1268. I read that report in this Chamber in 1961. As I told the hon. I repeat my sabbatical example that an member for Townsville South-- estranged wife could drive a motor-car and run into a car driven by her husband­ Mr. Bennett: A wife could not sue for that is a classic case of husband and wife injuries that occurred after the marriage. in two separate cars-and there would be a stay of action because they were husband Mr. SMITH: No, but she could sue for and wife, although the legal fiction of being injuries incurred before the marriage. But, one person had been obviously destroyed. after marriage, the husband could not sue the Therefore it is not really a question of legal wife for injuries that were inflicted on him fiction that has held us up. There has before marriage. If a car accident occurred been a whittling down of the immunity of with the girl behind the wheel and the man the husband-and-wife bar over the years. in the passenger's seat, he could not sue. With the continued clamour for the emancipa­ tion of womenfolk, it was only to be expected There has been much discussion about that this reform would eventually come. property today, but, as I understand the provision, it relates only to torts, because the Only the other day there was an example Minister went to pains to give us a definition of a wife seeking to recover damages for of "tort", which, as we understand it, is the her husband's negligence. A Commonwealth actionable link giving rise to an action for public servant, on transfer from a State capital city to Canberra and driving from damages. That does not arise in property his former place of residence to Canberra, disputes when the court is trying to work out had an accident and injured his wife. She ownership of something that is not a tort­ sued the Commonwealth Government, saying that is, a declaration as to ownership. These that her husband had been posted to Can­ proceedings are brought under the Married berra from another place and, in taking Women's Property Act and they can continue her from the former place to Canberra, to be brought under that Act. her husband, acting as the agent of the No actions will be brought into court employer, injured her, and she sought to between husband and wife to decide who recover damages. She was estopped not on owns the matrimonial home. This sort of the ground that she could not sue her hus­ dispute is at present waged in the divorce band but on the question of agency. That courts. In the past, wives have not been is an interesting variation of the theme. disentitled to any great extent. They have A husband has long since been able to been able to sue for divorce; they have been give his wife cause of action for damages. able to get maintenance from their erring Take, for instance, the case of a man, work­ husbands; and, on occasions, when main­ ing in a garage, who does work on his tenance has been considered the property of wife's car. If he does the work in the the wife has had to be taken into considera­ ordinary course of events as the employee tion. In divorce, particularly today with the of the garage-owner, and if because of his grounds that are available-separation is one negligence the brakes fail and his wife nms of the grounds introduced by the Common­ into a tree or a wall, I would say that she could quite safely sue the employer wealth Matrimonial Causes Act-q_uite often because of her husband's negligence. If the the property of the spouses is one of the husband left the plug out of the hydraulic­ main considerations. Before a husband can brake system and the brakes did not work, get a divorce from his wife the court must he would be negligent in the course of his consider the property disposition that has duties as a servant of the garage-owner and been made in favour of the wife. in my estimation his wife would have a per­ This legislation will give rise to actions fectly good cause of action. in tort, that is, actions where there is a So that it is an anomaly to see that sort claim for damages for the infringement of of action maintained when the wife of the this civil right. Admittedly, many of them next-door neighbour cannot sue her husband will relate to motor-car <\ccidents. But it if he deliberately drives his car into a creek. Law Reform (2 APRIL] (Husband and Wtfe) Bill 2707

Mr. Bennett: You could get around that I agree with the hon. member for Kurilpa in some cases with the principle of vicarious that the Bill could produce a rush of liability. cases. If it does, let us not hope that the discretionary power will be used to l'.lr. SMITH: That is what I have just stay them. If they should be heard, let instanced. The husband, as the employee them be heard. If necessary, let us have of the garage-owner does the job, and more courts and more judges. We are does it badly, and if the wife takes not here to stultify the courts and stop the car out and is injured she can sue the people from having their remedies. We garage-owner for the negligence of her should be opening the door to all who have husband. justifiable cases to be heard. Mr. Bennett: She can sue the man who Mr. Houston: Tell that to your Minister. employed her husband also because he does We have been asking for more judges. it under contract. Mr. Bennett: This morning I couldn't get Mr. SMITH: That is true. That is why into the court. The jury was there, and I the public servant's wife ·sued the employer, had to wait outside. namely, the Commonwealth Government, for her husband's driving. She failed because Mr. SMITH: In that case, I can safely she could not establish agency, and because say that the jurymen were probably saved there was no compulsion on her to ride as from being given a lot of incorrect informa­ a passenger in the car. tion. Mr. Bennett interjected. In no circumstances should discretion be used to stop issues going to court. If Mr. SMITH: I think the hon. member for they are of sufficient merit to be taken South Brisbane would have needed his run­ to court, there should be no hoping that ning shoes for that one, too. discretionary powers will be incorrectly used One of the greatest difficulties in negligence to stay them. However, discretion would cases has been to get a proper share of not be wrongly used if, for example, it contribution. If two cars are involved in stopped an argument between a husband and an accident, often the driver of each vehicle wife alone. should bear the same responsibility. Suppose What I am trying to say has some merit, a wife is a passenger in car A, driven by her and I trust that it can be heard by the husband, which comes into collision with reporters. The noise in the Chamber is car B. Because the wife cannot sue her fairly loud. I do not propose to try to husband, who may be 90 per cent. to blame, talk above it, so I shall conclude my remarks. she sues the driver of car B, who may be only 10 per cent. to blame. The difficulty Mr. BENNETT (South Brisbane) (12.49 in obtaining proper contribution from an p.m.): No doubt in this modern age the erring husband has been a very real problem Bill is desirable. in matters of negligence. That difficulty Mr. Hughes: Let us get this clear: do you will now be removed, and there will be a claim credit for this Bill, or not? much fairer measure of indemnity lying upon the insurers of vehicles not mainly responsible Mr. BENNETT: I have "Hansard" ready. for accidents. I want to include in "Hansard" the history of this legislation so that fair-minded Of course, if a husband injures his wife observers can see who was responsible for in a car accident and loses her services, there the introduction of the Bill. They cannot is nothing he can do about it. If he is fail to conclude that it was I. (Government involved in an accident with another car, laughter.) In the brief time at my disposal, he can sue the driver of that car for the loss of his wife's services and recover damages I have been able to discover the record for his loss, although he was mainly to of the first submissions I made on this blame. In the past, there has been no matter. contribution in those circumstances. I think The hon. member for Kurilpa admitted that the Bill will remove such anomalies that I advocated for some reforms during my and ensure just contribution. 12 years' service in the Brisbane City I urge the Committee to keep in mind Council. He can be fair at times; perhaps that this is not legislation that goes to he may be off colour when he gets into such divorce, property or disputes of the assault a mood. But when I was an alderman I did type. They are quite outside the field of refer to matters such as this when the the Bill, which is concerned solely with Brisbane City Council dealt with insurance torts. claims, and, incidentally, the council deals Mr. Houston: Couldn't it include assaults? with big claims and very big insurance matters. Mr. SMITH: No. An assault is a quasi­ I did not waste any time in raising the criminal offence, not a tort. A person could not possibly be indicted for slapping with matter when I was elected to represent South an open hand. Even if a husband injured Brisbane as a member of this Assembly, his wife, that is not the type of action because I dealt with it in my very first envisaged in torts. The discretion reposed speech in this Chamber in the Address-in­ in the court is to stay matters purely of Reply debate. It is true, of course, that one a domestic nature. has to do a great deal of galvanising over 2708 Law Reform [ASSEMBLY] (Husband and Wife) Bill

the years to get this lethargic, tired, weary be called an insurance fund, and there is Government into action. Although I have a legal obligation on all owners of motor been successful in having action taken on vehicles to contribute to it for third-party some other points earlier, it has taken me insurance. If anybody is injured on the just on eight years to get the Government roadway in a motor accident, he or she to introduce this proposal to amend the law can then claim on that fund either through relating to married people so that justice the courts or by way of settlement. Any can be done for wife and for husband. As I person in the community who is injured have pointed out so often before, it appears by a motor vehicle can claim on the fund to me that the Government delayed the by suing the negligent driver of the motor introduction of the proposed Bill in order to vehicle involved, with one exception. The protect the insurance companies, which will spouse of the driver is not entitled to claim have to pay out under orders made in actions against the driver if the driver claims to between husband and wife for tort on the be her husband or his wife." highway. There was then a certain inconsequential I have heard a great deal during the interjection by the hon. member for Windsor, session-it rather pains me, because I, in my who seems to interject when I am speaking humility, do not wish to engage in such on serious subjects, and then I said- discussions-as to who has been responsible "To be perfectly candid, I would not for what. However, I do like to insist on a waste my time reading speeches made by certain standard of integrity in this Chamber, the hon. member for Windsor. I have and I have been told that, in my absence, I appeared against him in court, so I do was attacked under privilege for what I had not bother reading his speeches. If he said about Queensland Trustees Ltd. and made a similar submission, I sincerely hope Union Trustees. that my forceful advocacy will achieve better results than his weak-kneed advocacy The CHAIRMAN: Order! apparently did. Let me assure the House that because of the principle of marital Mr. BENNETT: I do not intend to deal immunity, a wife is not entitled to sue with the Bill relating to those two com­ her husband in court, and the legislation panies, which is now about No. 11 on the at present protects only the insurance com­ Business Paper and will, no doubt, be panies. A male driver's mother, daughter, discussed at a later stage; but when there friend, or even his mistress, can sue him is a conflict of evidence and disputation as and recover damages, yet his wife is pre­ to who said what and who was responsible vented from doing so. That is a serious for the introduction of the proposed Bill, it anomaly, and action should be taken to becomes necessary to offer material and remove it. South Australia has already concrete evidence to the Committee. introduced legislation for this purpose, and I hope that very soon the Queensland As I mentioned earlier, I left no stone legislation will be amended in the same unturned relative to this proposal, because way. It will not cost the Government I got into harness on it early in my parlia­ anything, but it will force the insurance mentary career. I have here the Queensland companies to contribute their just entitle­ Parliamentary Debates for the 1960-61 ment." Session, Vol. 227, and at page 283 I am Then I went on to deal with ex-officio recorded as having said on 13 September indictments in the Criminal Court. So it 1960, in my maiden speech, in the Address­ is perfectly clear that the South Australian in-Reply debate- Government awakened itself to the necessity "! intend at this stage to make two for this legislation more than eight years submissions in regard to the amendment ago, and in spite of my submissions, and of the law." apparently in spite of some of the things that the hon. member for Windsor says I think it would be fair to say that in those he claimed in his own Caucus, this Gov­ days, particularly in the Address-in-Reply ernment has not been prepared to bring debate, I confined my submissions in this itself into line and into step with the modern Chamber to what amendments of the law system of fair-minded legislation that will I thought should be made. Since then, of enable all individuals on the roadway to course, I have been attacked in various ways obtain justice in any claims they have and by members of the Government, and so, not be excluded merely because they happen instead of confining my contributions to to be married. They are motorists and tax­ debates in this Chamber to further sub­ payers who have contributed to the coffers missions on amendments of the law, I have of insurance companies and, like any other had to deal with other matters of con­ individual road-user, they are entitled to troversy between Government members and reap the benefits from having done so. myself. On the occasion to which I am referring, I devoted almost all my speech to As I understand the Minister's proposal, concrete and specific amendments. I said- the right of spouses to sue one another in court does not reside solely in highway, or "My first submission relates specifically running-down cases, as they are known. If to the law dealing with motor vehicle one spouse has the right to sue another in insurance. At present there is what might court, in a civil action for damages, it seems Law Reform [2 APRIL] (Husband and Wife) Bill 2709

to me that this will give each one the right Mr. Carey: Do you believe in togetherness? to sue the other for damages in relation say that the A.L.P. want a little more to injuries sustained following an assault. togetherness. I cannot see why that will not follow if the Mr. BENNETT: They certainly do, but I law is being amended to allow one spouse was about to make the observation that it to sue the other in court, and I suppose is rather unfortunate that this family-law, there is on reason why it should not happen. togetherness legislation is being introduced at a time when the Government families are Let me make the position perfectly clear. hopelessly divided in schisms and bitter The hon. member for Windsor said that hatred for each other. a wife always had the right to sue her husband but the husband did not have the The CHAIRMAN: Order! right to sue his wife. Of course, that is not true. As the law stands presently, if Mr. BENNETT: Not only that, but Liberal a wife is injured owing to the negligent Party members are divided one against the driving of her husband, or if a husband is other. injured through the negligent driving of his wife, there is no way in the wide world The CHAIRMAN: Order! they can have a cause for action for negli­ Mr. BENNETT: Perhaps they should fol­ gence, one against the other. When this low the principles of family la.w in order legislation is amended, they will have that to restore their lost prestige. right. To be quite frank, in this modern age when there is a great advocacy for The CHAIRMAN: Order! equality between the sexes, I concede that in some respects the womenfolk are losing Mr. BENNETT: Before that particularly certain protections and privileges that they inappropriate interjection, which must be erstwhile enjoyed. embarrassing and humiliating to the Minister for Justice, who is being weakened somewhat [Sitting suspended from 1 to 2.15 p.m.] by his endeavours to hold the party together, I was about to say that it must be rather Mr. BENNETT: Prior to the luncheon amusing to the Minister to see that those recess I wa'S about to make the observation in the Government parties who are rocking that, with the emancipation of women in the family boat are prepared to give lip­ this modern age, and with their acquisition service to proposals such as this. of further rights, they certainly have acquired I was mentioning that in other parts of a lot more responsibilities and obligations. the world concrete provision is being made In spite of their clamour to gain those for the implementation of laws of this nature further privileges, sometimes they do not by the appointment of special courts, in really need them. other words, courts that are especially equipped and educated to deal with family I have been associated with most juries problems. There is the court known as that have been empanelled this year. Since the Family Court, which in legal circles is the amendment of the Jury Act I have regarded as the court that deals with lower­ never seen a woman on the jury-there may jurisdiction problems. Other places have have been one or two without my knowledge a Court of Domestic Relations, which envis­ -which would indicate that they are exer­ ages the jurisdiction of the Supreme Court. In cising their right to opt out with rare other States in Australia principles have abandon. been considered at seminars or conventions Married women, of course, have always to deal with this matter. been responsible for their torts, although Not only should we have courts that are formerly their liability was affected in certain skilled in the knowledge of family laws as cases by their disabilities in other directions· such, and the laws associated with family that is, of course, until the passage in th~ various States of Australia of the Married arrangements, but in this modern age, in the Women's Property Act. Their disabilities world we are living in, when social ills are in being married women were not because cured not solely by courts but also by other they were not responsible in torts but because officers working in conjunction with them, they had disabilities in contract, and the it becomes necessary to have special courts husband had to be joined formally in a equipped not only with the mundane court action against his wife. So in order machinery arrangements of the court, but to sue a wife in those days you had to also with welfare and guidance officers, with join the husband with her. psychiatrists and social workers, and some­ times with other experts which the court It would seem to me that, when intro­ ducing legislation dealing, as it were, with requires. Procedures in such courts are family law-husband and wife-we should calculated to assist understanding, concilia­ get iJ?tO step with the rest of the world, tion and concern with more than narrow, that IS, the common-law world, the world stereotyped, legal issues. The application of that follows the same principles of law and stringent family law to family relations can jurisprudence as we do. To use the modern work very harshly, and sometimes very expression, we should "get with it"; there unjustly, in family arrangements and in should be more togetherness with the correct family co-operation, whereas, if we had procedures in family law. family courts, and courts of domestic 2710 Law Reform [ASSEMBLY] (Husband and Wife) Bill relations, which understand these matters, years of age. As we are regarding 18 years and have the facilities to deal with them, as an adult mental age in this generation, the implementation of the law relating to it may well be that we should examine the families-husbands, wives and children­ requirement that young people get the con­ could be implemented much more smoothly. sent of their parents to marry if they are under 21 years of age. In these courts judges often have special training, that is, training outside their strict The Family Court would have jurisdiction legal training in law and jurisprudence. They in disputes over matrimonial property. Mr. have special training in the law and in its Matthews, S.M., received special training, application to the family in particular, and and the magistrates who preside over family are given an opportunity to participate in courts should receive some training in seminars. behavioural science. This is not an attack on anybody, because we have some fine, out­ I am always prepared to give credit where standing magistrates who are well equipped credit is due. I give credit on this occasion and highly educated, but the appointment for a relatively minor matter (although in of magistrates to the family court should not some ways it is not a minor matter as the necessarily be restricted to public servants. work undertaken is of great importance) and Certainly, if suitable magistrates are in the that is in relation to the over-all administra­ Public Service they should be entitled to tion of the law in Queensland. I refer to appointment, so long as they have the qualifi­ the appointment by this Government of a cations. But if not, the time is overdue children's stipendiary magistrate. His appoint­ when qualified and willing people from out­ ment was certainly advantageous to the side the Public Service should be entitled application and implementation of the law to appointment to positions such as this in as it related to children who had to go to the Public Service. that jurisdiction to be dealt with for various As we are dealing with the rights of women matters. This magistrate has a knowledge of and the emancipation of women, we have the children and of their parents. He has the opportunity to appoint qualified women a knowledge of the parents' lack of attention to preside over these courts. There are on some occasions to the children and, by some legally qualified women who could be his rulings and decisions, he can implement suitably trained in behavioural science the law much more efficiently, satisfactorily appointed to these positions. But under the and harmoniously than perhaps would a system that prevails there will be no female strict, objective and detached magistrate not magistrate in Queensland in the next 20 specifically appointed as a children's magis­ years, because as far as I know, there is trate. He is an example, in a small way, of not a girl within the Public Service in a the principle I am espousing in that he has position where, within the next 20 years, been appointed specially, because of his she will be entitled to be promoted, if I training in legal matters and in children's may use that term, or will qualify for problems, to preside over the Children's appointment to the position of stipendiary Court. That is desirable. I think the principle magistrate. Therefore I cannot see any should be extended to the jurisdiction of our female magistrate being appointed, under the other courts. existing Public Service system in Queens­ land, within the next two decades. If we As a matter of fact, a special Family Law amended the Jaw so that it would be pos­ Committee of the Law Graduates' Associa­ sible to appoint qualified women to preside tion of Sydney was appointed. It has already over these family courts, the women's section met to consider matters of this nature. The in the community who want to put their ideas principle suggested is that a court known as on modern family relationships into effect a Family Court would deal with what is would be given an opportunity to do so. known at the present time as the Magistrates It is not suggested-nor do I advocate, Courts jurisdiction, and a Court of Domestic of course-that these Family Courts should Relations would cover the jurisdiction interfere in any way with the functions of presently regarded as the Supreme Court the Children's Court presided over by Mr. and District Court jurisdiction. Summary Matthews, who deals with juvenile deliquency. matters would be dealt with by a special That is a separate problem altogether. I Magistrates Court designed to be a family would not want the two courts to become court to deal with the maintenance of spouses confused about their responsibilities and and children, custody, permission to marry obligations. I mentioned earlier that the for children over the statutory age but Court of Domestic Relations should have the under 21 years. In recent times it has been jurisdiction of the Supreme Court and the suggested that children who are regarded District Court. under the law as children-because they are under 21-should be given the right of (Time expired.) testamentary capacity and other rights that Mr. PORTER (Toowong) (2.30 p.m.): I may be regarded as adult rights. As I under­ speak only briefly in this debate to pay a stand the proposed legislation, a soldier small measure of commendation to the Min­ domiciled in Queensland will be able to make ister for its introduction. I hesitated to a will but will not be able to marry without enter this fray with such legal luminaries the consent of his parents until he is 21 as the hon. member for South Brisbane, Law Reform (2 APRIL] (Husband and Wzfe) Bill 2711

who has just resumed his seat. He left us I regard the Bill as a good one. It has in no doubt that he alone is responsible sensible safeguards in that the court can for the introduction of this measure. I do dismiss actions which have only petty bases not know whether that is illusion or delusion, and, if attempts are made to bring under but, whatever it is, he suffers from it in no this legislation disputes concerning property, small degree. the court can properly say that they should be handled under the provisions of the As a layman, I am reluctant to enter Married Women's Property Act. a debate of this type, which is highly specialised, but the Bill is one for the Earlier in the debate the hon. member Committee as a whole to consider, not one for Townsville South talked at great length for consideration by only the giants of the about de facto wives. I was not able to legal world. I freely confess that once these relate what he said to the provisions of legal gentlemen begin speaking, they quickly the Bill. He also dealt with stamp duties lose me and I do not know whether they are and intestate estates, and went round the talking sense or nonsense. We take it for legal world, though strictly on an amateur granted that they are talking sense but, basis, in about 10 minutes. frankly, I do not know. I certainly intend All that I wish to say is that I welcome to keep to the basic principles of the measure the Bill. I think it is a useful measure. and before the Committee, because I am only another indication of the manner in which a layman having my modest five cents' worth the Government is moving forward rapidly on it. into the modern world in streamlining pro­ I think that all will freely concede that cedures and providing equity between classes this is not an earth-shaking measure. and sexes. I think the Committee will be Although it is not an enormous principle pleased to receive the Bill. that is being considered, it is important as another step forward and another symptom Mrs. JORDAN (Ipswich West) (2.35 p.m.): of the general forward move that the Govern­ I welcome the introduction of the proposed ment is making in order to streamline many Bill, which seeks to bring the law more into of the legal and other procedures that have keeping with the developing tendency to treat obtained for many years. Very excellent women as persons in their own right, with forward steps are being taken to modernise their own personalities, not just as chattels the ways in which we do things and to of their husbands, as they have been in the establish equity, as it were, according to short history of this country. That attitude the practices of our modern society and was handed down by our British forebears; the dictates of modern attitudes. because of it, many injustices have been perpetrated on women, particularly on wives. In introducing the Bill, the Minister for Justice said that it was necessary because I do not think that these things have been at present, under common law, a wife can­ done with deliberate intent. Like Topsy, they not sue her husband and a husband cannot have just "growed", and they have been sue his wife in tort. I think he went on accepted over the years not only by men but to say something to the effect that this also by women. They have not been ques­ rule is of archaic origin, based on the idea tioned to any great extent till recent years, tha~ a woman completely loses her identity, when, with the developing attitudes of men wh1ch becomes merged with that of her and women, it has been seen that woman is husband, on marriage. All who have been a person in her own right, and she now does married for any length of time know that have some rights in this country and in many although that may be the legal position, it countries throughout the world. is not the factual position. Very few I think it is time that such outmoded men believe that their wives have lost their thinking was altered and more logic, reason !dentity. There is an old sayin.g that man and common sense applied to the case as it 1s but dust and his wife settles him every is. The argument should not be based on an time he comes home from work. outmoded law, tradition, or prejudice. Some Of equal application is the famous dictum of the things should never have been allowed of Lord Chesterfield that the road to success to happen in past years. I can deal with the is crowded with women-pushing their hus­ matter only from the point of view of how bands along in front of them. I think we it affects women in their day-to-day lives. all recognise that in fact, if not in law At no stage do I think I can compete with till the Bill alters the position, a wife's the legal members on either side of the legal entity may be merged with that of Chamber, who introduced many technicalities her husband, but certainly not her personality. into the debate. They can lose me completely; I hope that the Bill in no way contributes r admit that. to any imbalance of partners in marriage. However, in moving around the commun­ In other words, I should not like the Bill ity, I do know a little bit about the every-day to lead, as the hon. member for Kurilpa life of women who have these injustices per­ suggested, to a spate of legal squabbles petrated on them and the women who have between husbands and wives-between spouse to suffer great hardship becau~e the law, as it and spouse. I do not think it will. There now stands, does not give them a fair deal. is a schoolboy howler that the plural of I believe that this is the aspect about which "spouse" is "spice". I certainly hope that hon. members are concerned, not how the the legislation will not turn spice into hot provisions can be tied up with legal jargon pepper. I do not think it will. so that nobody can understand them and so 2712 Law Reform [ASSEMBLY] (Husband and Wife) Bill that people have to go to barristers or solici­ has been a most unjust situation and it is tors to find out how to proceed. The ordinary good that to some degree it is being rectified person in the community should be able to by this legislation. understand what the law is all about and what he is entitled to under it. Getting away from motor-cars, the pro­ vision that the court can stay proceedings Women look at things differently nowa­ if it feels that it is being used by either spouse days. Some of them-quite a number of to get even with the other, or to hurt them-work outside the home in addition to the other, or to publicly decry one's treat­ looking after a family, and some of them ment of the other, by which no good purpose are doing both jobs very well. At least they can be achieved, is a wise safeguard. Whether now have a choice. They can please them­ we like it or not, this sort of thing does selves whether they make a career of looking go on and such actions incite spouses to after a home and a family, taking a job and become even more bitter, one against the looking after a family too, or, if they do other. In addition, it affects the family not want to have a family, simply having a unit. Therefore, I think that giving the career outside the home. court power to step in in such cases is very Without a doubt, the thing that has good. brought many of the injustices to women to The attitude that, after marriage, husband the light of day has been the advent of the and wife are one entity and must be regarded motor-car. As a result of its introduction as one and cannot proceed to law separately, more people have become cognisant of the is rather ridiculous. After all, in the voting injustices, and both husband and wife have been affected in their thinking by that. They that puts each and every one of us into see the injustice, particularly, of a wife who this Parliament, men and women get separate is travelling in a motor-car with her husband votes and are treated as separate individuals. having no redress or compensation available If either one does not vote, he or she to her under compulsory third-party motor gets a separate summons for not doing so. vehicle insurance. I did not realise that that The husband is not summonsed because was so until some years ago, and I became his wife does not vote, and vice versa. In aware of another aspect of it-I will not that respect they are treated as separate mention it now-only before Christmas last individuals. year in a short conversation that I had with Women now go out and earn separate the Minister for Justice. incomes and are taxed as single people, yet, There are always a number of injustices in the Federal field of social services-! that the public generally, and even people know this has nothing to do with the Bill who are quite au fait with the subject in but it brings out something that I think some respects, do not realise. As I said is an anomaly-if illness or even unemploy­ earlier, husbands in particular have become ment for any length of time intervenes and cognisant of the injustice that affects them, the earnings of one spouse cease, social ser­ a~ a member of the family unit, just as vice benefits, which both the wife and husband much as it affects their wives. have contributed to, perhaps for a number of years-in the case of the husband for virtu­ It has been really shocking that a wife ally the whole of his working lifetime­ could be injured while travelling in a car are not payable. If the husband takes ill driven by her husband and have no right and if his wife is working he does not get of redress or compensation for any injuries social service benefits. I know of several that she may receive. Indeed, I know cases in which this happened. In each intimately of one accident-a major one instance the husband had a very long illness -caused by a driver crossing a double line, and got no help in the payment of social speeding around a very dangerous blind curve service benefits because the wife was earning and colliding head on with a young couple yet, as most of us know, in most instances who were engaged and about to be married. the earnings of the wife would be much In that case damages were settled out of lower than those of the husband, and almost court because it was one of those cases invariably there would be commitments in that the law calls a "sitter". It was not the purchasing of a home and furniture, taken to court. The damages that that the payments on which would have to be .young woman received were enough to pay kept up. for the very extensive plastic surgery that she had to have done to her face. Had Maybe there would not be a family in such the accident happened a few weeks later, instances, but the husband and wife would after the planned marriage of the young have their joint commitments. It is a great couple, the wife then, because she was a hardship that, although they are taxed indi­ wife, would not have received one penny, vidually as single people, for social service yet she would have had the same expense purposes they are not treated as individuals on plastic surgery to her face and her but the earings of one is apportioned against husband would have had to foot the bill. both of them. This would have been the same young couple, the same motor-car and the same Take the case of a wife who pays her accident, the only difference being that a husband's debts. Should the husband die, marriage had been performed. This would when probate is being assessed the wife have altered the whole legal attitude to can be asked to produce evidence of an the right to damages and compensation. That agreement between herself and her husband Law Reform [2 APRIL] (Husband and Wife) Bill 2713 as to the payment of those debts. She might alter their whole future attitude to life. This be asked to produce evidence of an agree­ is caused by what happens to the mother ment covering repairs or improvements to while they are in their formative years. the home, which was held in the husband's Anything that can help deserted wives name. In lots of cases the home is in the is extremely important. Only the other husband's name. Perhaps the couple married day I heard of a deserted husband who before the wife was 21. Perhaps for some was left with a family to look after. He other reason-possibly because they got on was at a great disadvantage and did not very well together-they had not thought know what to do. However, the man's about these things. However, it can result problem is much lighter in that, in most in hardship in later years. Because money cases, he is earning money. Finance is was paid in settlement of the husband's debts vitally important in these cases, and at least or for improvements to the home, or even the deserted husband and his family are because of the transfer of a bank account, much better off than is a deserted wife the payment of gift duty could be involved and her family. if no written agreement had been entered I pay a tribute to the Minister for his into between the husband and the wife. This interest in this matter and for the fact that is an iniquitous situation when a husband and he has a very humane approach to the wife have worked as a joint team. One problems of women and the injustices per­ would not expect that an agreement between petrated against them. I reserve any further a husband and a wife would be drawn up comments until after I have seen the Bill. and duly signed when one paid for some­ Hon. P. R. DELAMOTHE (Bowen-Min­ thing at one time and another paid for it ister for Justice) (2.52 p.m.), in reply: I at another time. express my appreciation of the general fav­ This is a matter that should be looked ourable reception the Bill has received. into. I can speak from first-hand knowledge, Indeed, it has been so favourable that many as this year I am directly affected. To me speakers have claimed parenthood of it. I do not propose to try to decide on the it seems very unjust. Something should be validity of the claims although, if one done about it when it affects husbands and goes by years, I suppose the hon. member wives in such a manner. If the husband and for Townsville South who claims he raised wife both die and the estate goes to the it in 1947, should be declared the winner. family it is a different matter, but when it Whoever initiated it, the principle applies has been the joint effort of a husband and equally to all measures; various people, at wife, with no drawing of a line between different times, think of a new idea and express it in this Chamber. In my par­ who owns what, I feel it is a very unjust ticular area of responsibility, nothing is said situation. in this Chamber that I do not make a note I am pleased that the Minister has a of and examine carefully. I have the responsibility of initiating research in connec­ humane and fair outlook to many of these tion with it. I pay a tribute to the drafts­ matters of Jaw, particularly those that affect men who then have to put an idea into wives. I look forward to reading the Bill and a form acceptable to the Chamber. seeing just what it does cover. I said that this is a small Bill and. as Since entering Parliament I have been the poet said, we have heard a lot about shocked by the many cases that have come this and a lot about that. Hon. members to my knowledge of the hardship that is may rest assured, that everything said will suffered by deserted wives. Usually they are be carefully examined. As hon. members on the suffering end when it comes to main­ have not the Bill before them, many of tenance, despite the enactment that was their comments traversed avenues that have passed last year under which we could go nothing to do with the Bill. At the same interstate to find the husband. There is still time, they have dealt with the well-being of the community and, therefore. although difficulty in sheeiing the responsibility home their remarks may not be strictly relevant to the erring husband. There are still very to the Bill, they are of value in the avenues grave injustices to deserted wives and their they relate to. families. It is pitiful to see their plight, and more attention should be given to assisting I refer particularly to the comments of them to obtain legal justice. Most of them the hon. member for Ipswich West. who have not a clue on how to proceed. They adorns this Legislative Assembly as the are confused; they are lost; they do not know sole representative of womanhood. She which way to turn. naturally puts forward the woman's point of view, and I am sure that we all appreciate In every major centre there should be an that. During her contribution she raised office where a departmental official is avail­ many matters of importance to women and able to advise these unfortunate women on they merit close study. how to proceed. This could help them mentally It has been said for many years that the in many ways. As hon. members know, con­ hand that rocks the cradle rules the world. tinued mental worry and upset can lead to Unfortunately, over the years, because of this the illness of deserted wives, and to psycho­ piece of doggerel women have been lulled into logical problems in young children which can preening themselves and feeling that they do 2714 Law Reform, &c., Bill [ASSEMBLY] Main Roads Acts, &c., Bill in fact rule the world. Behind this smoke­ They are individual citizens, in my view, screen, if I may call it that, women have just as males are. They should therefore suffered from many legal disabilities. have all the legal rights of any citizen. Mr. Duggan: Do you think that your Mr. Houston: Go to the bar? private profession is reducing the number of cradles? Dr. DELAMOTHE: Let us keep the dis­ cussion on a proper plane. Dr. DELAMOTHE: No. I would say that my private profession has imbued me with Mr. Houston: The legal Bar. the humanity that the hon. member for Dr. DELAMOTHE: I agree with the hon. Ipswich West claims that I possess in my member for South Brisbane that there are approach. In fact, I think that this is the no such things as rights; there .are only sixth measure that we together-I with the responsibilities. He may have used words honour of introducing the statute and hon. different from those, but that is what he members on both sides helping me to put meant. I warn women that, as they achieve it into operation-have improved various more and more equity with men in the eyes angles and removed various disabilities that of the law, such changes bring greater women have suffered, and together we will responsibilities for them. I am sure that go on doing this while I hold this portfolio. they will accept them willingly and happily. Talking about going ahead together-the hon. The time should not be far distant when member for South Brisbane, by way of inter­ there will be no difference between men and jection. had something to say about women in the eyes of the law. togetherness. I do not wish to say any more at this stage, Mr. REnnett: The lack of togetherness in because I think a long discussion at the the Government parties reaily disturbs me. introductory stage, when only I have seen Dr. DELAMOTHE: I should go along with the Bill, can be beating the air to a certain the hon. member on this togetherness and extent. Consequently I shall leave further say that at long last the members on that debate on the matter till the second reading. side of the Chamber have achieved together­ Motion (Dr. Delamothe) agreed to. ness in that, according to the Press, the Q.C.E. now meets with the Trades Hall. Resolution reported.

Opposition Members interjected. FIRST READING Dr. DELAMOTHE: There could not be a Bill presented and, on motion of Dr. better example of togetherness than that. Delamothe, read a first time. Mr. Bennett: Are you and Dr. Hartwig members of the same union? MAIN ROADS ACTS AMENDMENT BILL Dr. DE'LAMOTIIE: Yes. I belong to the same trade union as the hon. member for INITIATION IN COMMITTEE South Brisbane, too, although perhaps I am (Mr. Hodges, Gympie, in the chair) only an honorary member. Hon. R. E. CAMM (Whitsunday-Minister I should now like to comment upon one for Mines, Main Roads and ELectricity) (3.4 or two important matters that were raised. p.m.): I move- The Leader of the Opposition said that he hoped that, because of a recent unfortunate "That a Bill be introduced to amend occurrence, members of the Police Force the Main Roads Acts, 1920 to 1965, in would not go alone to deal with domestic certain particulars." upheavals. I shall bring this to the notice The Bill has three purposes. Firstly, it is to of the Minister who controls the Police provide the necessary Legislation for the Department because none of us likes to effective implementation of urban roads pro­ witness tragedies such as the recent one. posals following the Brisbane Transportation S.tudy and similar studies in other cities. The hon. member for Windsor emphasised Secondly, it is to provide for the proclama­ something that needed emphasis, namely, that tion of certain classes of declared roads as this Bill has nothing to do with property motorways. Thirdly, it is to correct various claims. The Bill gives both parties to a anomalies and inconsistencies which have marriage the right to claim for civil wrongs. become apparent in the legislation. That is important from the woman's point of view because there were many things The Bill provides for two additional types that made women feel, rightly or wrongly, of declared roads-urban arterial roads, and that they were second-class citizens. We urban subarterial roads. The cost of per­ have heard that remark many times recently. manent works on urban arterial roads will Mr. Houston: You hear that remark from not attract any repayment by local authorities, the Liberals, not from us. and the cost of permanent works on urban subarterial roads and maintenance on both Dr. DELAMOTHE: No, because of the urban arterial roads and urban subarterial tvgetherness I mentioned earlier. Women roads may attract a contribution not refer to themselves as second-class citizens. exceeding one-half of the expenditure. Main Roads Acts (2 APRIL] Amendment Bill 2715

There is provision for the creation of an The Bill corrects an anomaly in so far as Urban Roads Trust Fund to finance works the Acts at present require the Com­ associated with the urban roads. In addition, missioner's salary to be paid from Con­ provision is made for a contribution by the solidated Revenue, whereas in fact it is paid Commissioner, not exceeding one-half, from the Main Roads Fund. towards the cost of works on undeclared Provision is made to incorporate legisla­ roads necessary to enable an urban arterial tion to facilitate proof of signatures in any road or an urban subarterial road to function court proceedings. effectively after construction. A clause in the Bill gives the Commissioner The proposed Bill makes provision for any power to appoint "authorised persons". State highway, main road, urban arterial Although there is at present a definition of road and urban subarterial road, or any part "authorised person" in the regulations, there thereof, to be proclaimed a motorway by the is some doubt as to whether this is adequate. Governor in Council. A motorway is a high­ class road to which certain restrictions as to Provision is made for the amendment of parking, type of traffic, etc., apply, and to the definition of "median" to make it con­ and from which access is controlled. The sistent with those sections of the Traffic design and operation of a motorway is such Acts dealing with medians, and, in addition, as to achieve, in terms of traffic flow, the specific authority is provided for the Com­ highest return to the community on the con­ missioner to install similar traffic devices, siderable investment in these roads. such as safety zones, traffic islands, and raised paving. The following are some of the conditions that will apply to motorways:- A double numbering of sections in the Acts is corrected. At present there are two (a) Exclusion of persons other than sections 9A in the Acts. drivers or passengers-that is, pedestrians; Provision is made to clarify the situation (b) Control of traffic by prohibition of with respect to the disposal of the proceeds parking, stopping, etc., except in authorised of the sale of old roads. The Acts provide areas; that the proceeds shall be paid into the Main (c) Control by the Commissioner of the Roads Fund, but for many years the amounts classes of traffic using the road. have been paid into Consolidated Revenue because sales are handled by the Department Mr. Houston: Who will control this? Will of Lands and considerable difficulty would it be the State, or the local authority? exist in identifying particular sections of old road and a complicated administration Mr. CAMM: The State. In this case. the would be necessary to handle relatively small Minister in charge of traffic will control amounts. some of these conditions. These are the Provision is made for a new section to conditions that will be applied when a road provide specific authority for the Commis­ is declared a motorway. sioner to regulate the location of means of access for prescribed classes of properties Further conditions are- such as service stations, drive-in theatres, etc. (d) Prohibition of services (gas, electri­ city, water mains, etc.) on motorways, The Bill inserts a new section to a'sist except with the Commissioner's approval; local authorities which carry out works such as kerb and channelling and extra pavement (e) Power to close undeclared roads widths in conjunction with a Main Roads intersecting a motorway; job, by authorising the work to be done (f) Control of advertising signs on or in in the first instance at the expense of the the vicinity of motorways; and Commissioner, with repayments by the local authority as a loan over 30 years in the (g) Power to acquire land adjacent to same way as that part of a Main Roads job motorways and to lease such land for the chargeable to it. provision of facilities for users of the road. The Bill repeals a section of the Acts Provision is also made for the proclamation relating to the non-payment of royalties bv of a motorway in conjunction with the taking the Commissioner on materials, etc., where of land for a new road where limitation of the use of such materials has been re-3erved access is being imposed under the existing to the Crown by the original deed of grant. provisions of the Acts, with the alternative The new Land Acts made this provisicn that, until such new road is declared, the redundant. Governor in Council may designate such Provision is made to enable regulations land as a proposed motorway and impose to apply in various ways to particular classes from time to time any of the provisions of things or persons where the power to make listed above. the regulations is general. For instance, advertising regulations may differ with respect In addition to the provisions dealing with to motorways and other roads, or some urban roads and motorways, there are a weight-of-load regulations may apply to all number of amendments to correct and clarify roads with <'~hers applying to declared roads various other points. only. 2716 Main Roads Acts [ASSEMBLY] Amendment Bill

The Bill includes in the schedule to the The Minister contemplates that with the Acts power to make a regulation to close construction of freeways or motorways there an undeclared road temporarily for the pur­ will be other roads coming on to them. He pose of carrying out any works under the referred to urban arterial roads and sub­ Acts. arterial roads. It is obvious that those roads The Bill deletes a reference to a fee of will be feeder roads to the main motorways 3 guineas for registration of traction engines. and main highways and, as such, in some Apart from the question of decimal currency, cases they will be going through new ter­ all other registration fees are determined ritory. If I understood the Minister cor­ by the Governor in Council by regulation rectly, he indicated that the Government and are not determined or limited by the would need to resume certain land to provide Acts. entry to and exit from the main motorways. The Bill makes provision for the issue I asked by interjection whether or not of conditional certificates of registration of the control of a motorway was to be in motor vehicles. the hands of the local authority. The Minister The provisions in the schedule to the Acts said, "No; in the hands of the Main Roads which cover the subject matter for regula­ Commission". tions are restated with respect to the regula­ Mr. Camm interjected. tion of weight'S of loads. This has been found necessary because of the need for the Mr. HOUSTON: The Commissioner of wording of the schedule and the regulations Traffic? What I am trying to get around to conform very closely. to is that some time ago the Government I commend the motion to the Committee. brought down legislation, which finally received the approval of Parliament, to place Mr. HOUSTON (Bulimba-Leader of the responsibility for traffic lights, crossings, and Opposition) (3.13 p.m.): From what the Min­ so on, in the hands of the local authority. ister has said, this Bill is designed to put I do not think that has proved successful. into effect many of the recommendations I have no fight against motorways, but we of the Wilbur Smith Report. May I say do not want dual control. We da not want at the outset that I have been very dis­ control with the local authority in one case appointed that Parliament was not given and, in the other case, with some Govern­ an opportunity, at some stage, to debate this ment subdepartment. The whole control report, because we are now finding that it should be in the hands of the one authority. is not being implemented in full. Only The Minister mentioned finance. I think certain sections of it are being implemented he indicated that the motorway would be and there are many questions to which the the responsibility of the Crown, but the public would like answers that those in responsible positions are not giving them. other roads would be, up to 50 per cent., For argument's sake, we do not know the responsibility of the Crown and there­ whether or not the northside and the south­ fore the other 50 per cent. the responsibility side railway systems are to be connected; of the local authority. I do not want to we do not know what procedure is to be misquote the Minister; I hope that is what adopted in regard to the priority of bridges; he said. What is concerning both me and and many people who saw the maps that the local authorities is the financing of were published in association with the Wilbur many of these schemes. I refer to Brisbane Smith Report do not know whether their particularly, because that is the area that properties will be resumed in the near future this Bill is designed specifically to deal with. or whether it will be some time before that The local authority's direct income comes happens. from the people by way of rates. Surely the Government is not going to force on Mr. Hughes: Tell us the future of trams the Brisbane City Council or any other local on the southside; that's what we should authority a large construction programme and like to know. expect it to pay for it. It it does, the Mr. HOUSTON: If the hon. member for people in the area will either have to Kurilpa goes through the proper channels, ·pay increased rates or miss out on some of I am sure he will know as much about that :the services that should be provided for as I do. them. The Wilbur Smith Report has such a The policy of the local authority in Bris­ great effect on so many people in Brisbane ·bane has been to attack the sewerage prob­ that the public should have been made much lem. Even those who are viciously opposed more aware of it before now and I trust -to the present Brisbane City Council will that the Minister, in his second-reading admit that it has done a remarkable job speech, will give us some idea of where ·in overcoming the Jag in sewerage installation. it is contemplated that these motorways will ·That work has not only required large be built. We know, of course, that houses ·amounts of loan money but has also meant are being resumed. Certain maps have ·the diversion of the council's money from appeared in the Press showing where free­ other work. I think the citizens of Brisbane ways and the like are going. However, ·are appreciative of what has been done. the public are entitled to much more informa­ If the council has to meet large-scale repay­ tion than that. They are entitled to know ments for road work which is associated where a particular road is going and what either directly or indirectly with motorways, effect it will have. it will be in very serious financial difficulties. Main Roads Acts [2 APRIL] Amendment Bill 2717

Before legislation such as this is finally I think that some of the American and put into practical effect, the Government European roads of this type have minimum should look at the position of local authority speed limits but no maximum speed limits. finances. Over the years subsidies to local I should like more details from the Minister authorities for sewerage, water channelling, about what he has in mind as .to speeds not road construction, and so on, have been cut only on the motorways but also on the access down considerably. The figure is now down roads. to 22t per cent. or 25 per cent., whereas previously it was 50 per cent. Much can be said about main roads. I trust that in financing the Wilbur Smith pro­ It is all very well for the Government to jec.t we do not concentrate on the roads say that certain work has to be carried out alone. The whole conoept of improving and that we will pay half of the cost. In doing traffic flow must be tied in with many other that, we place the other half of the burden things, for instance, an improvement in the on the shoulders of the local authority or, public transport system. It must be tied in in other words, the ratepayers, unless some also with .the compensation that is payable other answer is found. I recall a parallel to people who lose their homes or have to case in the Budget debate when the Treasurer shift their places of business. It is also said it was completely wrong that the important that all of the money is not spent Commonwealth Government should make us only on these projec.ts, because many spend so much on the university to get a so-called main roads throughout the State are matching grant. Here the position is in anything but up to the ordinary standard reverse. As a State, we will finance cer,tain required by today's traffic. works and we expect the local authority to pay so much. Mr. Aikens: Some are very little better than bush tracks. We will examine this proposal closely to determine whether or not the financial Mr. HOUSTON: That is quite true. arrangement is as it should be. At this stage I do not say that we are opposed to it, Mr. N. T. E. Hewitt: They are goat tracks but we will look at it carefully. It is very in my area. important that the legislation should stipu­ late percentages that will be in the best Mr. HOUSTON: The hon. member says interests of all. that as a Government supporter. Apparently he is quite happy with the state of affairs in It has been proved overseas that the build­ his area. We on this side are not happy ing of freeways and motorways does not with the position in our areas. in fact reduce congestion over a period. Congestion is certainly reduced at the time, Mr. Aikens: That might be why he did but then it is found that vehicles travel faster not get into Cabinet. and that more of them come onto the roadS. Mr. HOUSTON: That could be so. How­ An accumulation, rather than a diminution, ever, I do not want to be diverted. The of problems occurs. Overseas reports indicate point is that at present, with the money that that as more money is spent on freeways, has been made available, not many hon. highways and fir.&t-class roads, the greater members are happy with the condition of our becomes the demand for a further accelera­ main roads. In fact, this morning we had tion of this type of work. the ridiculous position that the hon. member Anything of this nature that we do to for Landsborough, in his first question since improve roadways and the flow of traffic entering Parliament, asked that a double must eventually add to our problems. By highway be provided between Beerburrum that I mean that the more cars that are pro­ and Beerwah. Surely if that could not be vided for on freeways and motorways, the done at a time when the former Premier more will people want to travel ·on them; represented that area, what chance has a ther.efore the feeder roads and the feeder new member of getting it done? If that is facilities also will have to be improved. the Government's policy, it is a completely Those who live at intersections in such places wrong policy. will have problems associated with the density of traffic coming onto the roads. Mr. Pilbeam: There are plenty of good These difficulties are not new. We have been highways in Landsborough. reading about them for some time in maga­ zines from all parts of the world. Mr. HOUSTON: If we are lucky enough to get to them over the bad roads. The I trust that during his second-reading hon. member for Cooroora is here. Nambour speech the Minister will indicate where the is in his electorate. first of the motorways is to be con&tructed and what roads will be affected so that the Mr. Low: I am happy. people in the area will know what it is all Mr. HOUSTON: I know he is, and I do about and where they are going. not complain about the roads in his elec­ The Minister also said in relation to torate. I think that the hon. member for motorways that there will be certain restric­ Wavell hit the nail on the head when he tions. I take it that one will be a slow­ said that having a section of single-lane road, speed restriction as it would be dangerous then a divided highway, and then a reversion for cars to travel at less than a certain speed. to a single-lane highway for 40 miles, knds 2718 Main Roads Acts [ASSEMBLY] Amendment Bill

itself to the incidence of traffic accidents. what a Labour Government would have done Every time we ~rive on such a roa? we ~ee in the same period. Let there be no argument the impatient dnver who cannot wait behmd about that. a slow car for more than 10 miles before I hope that in his reply the Minister will he starts to edge out, and then an accident give an assurance that there will be no reduc­ occurs. Then, when we get to the area tion of work on roads in other parts of the represented by the hon. member for State. There is too much to be done to allow Cooroora, we have this magnificent highway. that to happen. Much is said about encourag­ Mr. SuUivan: Are you saying that a bad ing tourists to Queensland. I travelled to Cairns last year by car, and many people road is an excuse for an impatient driver? whom I met at caravan parks had stopped Mr. HOUSTON: I do not say it is an along the way and had no intention of going excuse but I have been on this earth long any further. I would say to them, "Why enou<>h-and so has the Minister-to know don't you go a bit further? The scenery there hum:n nature. We can pass as many laws is lovely." Always the reply was, "How are as we like but we will not overcome the the roads? Are they any better?" I could impatience of some people. They will not not tell deliberate lies, so I would say, "About the same" and try to get out of it that way. stay behind another driver mile after mile; The reply would be, "We are not going they will attempt to pass him. If the Minister another foot". That happened time and time does not accept that, he is legislating blindly. again. Mr. SuUivan: The breathalyser will help to Mr. Sullivan: Where did you strike these overcome this. people? Mr. HOUSTON: When the Government Mr. HOUSTON: Anywhere north of Rock­ members have made up their minds on the hampton. breathalyser, I shall give our thoughts on it. Mr. Sullivan: There used to be that sort of Mr. Sullivan: What is your opinion? talk north of Caloundra 10 years ago. Mr. HOUSTON: If I voiced an opinion Mr. HOUSTON: That is nonsense. The on that subject I would be ruled out of Minister had never been to Brisbane till he order. I do not want to be sidetracked, nor entered Parliament. He wanted to speak at do I want to offend the Chair. Roma during the by-election campaign, but he could not get there. Mr. Aikens: Get off the fence. You have splinters in your bottom from sitting on the 1\1r. Davies: He was bogged. fence. Mr. HOUSTON: Yes, and he was lost trying to get back to Roma. I listened with Mr. HOUSTON: At least I know where interest to the Minister's introduction of the I am going-! always have known-and that Bill. In the first place, I think that he should is more than the hon. member for Townsville give, not so much for the Opposition as for South can say. I do not have to be led the people of Queensland, more details of anywhere. Vl/e can make up our own the Wilbur Smith Report and what the Gov­ minds. ernment has in mind. Suggestions have been What I am driving at is that too many of made that this and that will be done. Then our so-called highways today are in such poor the Government will say, "After all, we are not going to implement the Wilbur Smith condition and that the Government should Report as presented. We are going to vary not spend money only on these prestige it." No-one is told what the variations are motorways, as it apparently intends to do. to be. Then the Government will say, "We In the first instance the Minister said that cannot tell you any more till the local auth­ the work on the motorways and other roads orities tell us something". Surely the Govern­ would be done by the Government and that ment is building these motorways; it is not the councils would pay for them over 30 being done by the local authorities. years. But the money will come originally from the State. Mrs. Jordan: They don't tell the local authority about it, and then they drop bridge I do not say that that is wrong, but if money levels and everything else and leave bridges is to be spent in this field surely considera­ suspended in mid-air. tion has to be given to what will happen in other fields in which finance is apparently Mr. HOUSTON: That is quite true. The so short. Many roads at present are in Jack of co-ordination between the Govern­ shocking condition. The Minister may say ment, the local authorities and the public is that under Labour administration the position completely wrong. Today the Minister had was much worse, but I am not concerned an opportunity to say where the motorways with what happened 10 years ago. are to be constructed and what the Govern­ ment had in mind. Surely the people are Mr. Camm: Would you like to forget entitled to know that, and now is the time to about it? tell them. Mr. HOUSTON: No, not at all. The point Although the Opposition will not be is that in 10 years surely some results should op~osing the introduction of the Bill, many be shown, and they are not comparable with of its features will be examined closely Main Roads Acts (2 APRIL) Amendment Bill 2719 because we feel that the people are entitled closed? An attempt was made to overcome to much more information than they have .the problem by improving the road from been given. .Capalaba through to Cleveland, but very .little was done on the section of the road Mr. NEWTON (Belmont) (3.34 p.m.): As .in my electorate from the Belmont tram a metropolitan member, I support .. the .terminus to Capalaba, It was only because remarks of the Leader of the OppOSition. .of the strong representations that I made The proposed motorways and freeways are .to the former Minister that some work was linked with the Wilbur Smith Report, and one would have thought that, during the introduc­ .done on that four-lane highway. I raised tion of the Bill, the Minister would have the matter time and time again in this elaborated on the Government's intentions. .Chamber and in letters to the Minister. I .pointed out to him the hazard that was There is no doubt in my mind that the .created at the Belmont tram terminus and Government has come up against very serious .the increasing volume of traffic that the problems in its attempt to implement the .road was carrying, and it is increasing even Wilbur Smith Report. There has been, and .further on that section of the road, which there will continue to be, adverse reaction .is a main road. Not only has it increased until the public is made fully aware of .because of the closure of the railway line; the Government's intentions relative to the .it has increased because of the number of carrying out of various road works. For motor buses and motor transports using it, example, difficulties have arise!! on tJ:e .and because the cement company at Darra question of compensation, particularly m .transports coral over it for about 16 hours cases where houses have had to be removed a day, seven days a week. One can see as part of these projects. It is to be what has happened with this highway; it hoped, therefore, that the Minister will elab­ has crumbled under the volume of traffic {Jrate as much as he can, either in his reply carried. in this debate or in his second-reading .speech, on what the Government intends I am not complaining because in certain .doing. parts of the State the Government has done something about main roads where railway , Problems will arise with the introduction lines have been closed; but in other sections .of freeways and motorways similar to those where railway lines have been closed, very .which the Government faced when it tried little compensation has been made for the .to introduce four-lane highways in the metro­ closures. I refer in particular to the section .politan area. No-one in this Chamber knov.:s more than I do about the problems associ­ from Creek Road to Capalaba, which has ated with the four-lane section of the Pacific again been drawn to the attention of the present Minister because of what heavy trans­ Highway from the Mt. Gravatt tram term~nus .through my electorate. RepresentatiOns port is doing to it. .were made continually to the late Mr. Evans, The Leader of the Opposition referred to .who was then Minister for Main Roads, the position of local authorities who carry .relative to the construction of medians and out not only main roads work but work on the use of every second entrance for access these motorways, and maybe freeways when .roads. When construction works of that they are to be built. On some of the four­ .type are undertaken, the G~JVernment shou!ct lane highways the Government builds the first impress upon the pubhc what they Will road, and the kerb and channelling work are mean to them and what benefits will flow done afterwards by the local authority, and from their completion. such questions arise as: who is to provide bus I aQree with what my Leader said about bays, who is to look after the footpaths, who main ~oads. At present there is a very serious is to provide footbridges over culverts and .problem in my own electorate because of bridges and things of that nature, for children the closure of a railway line, and similar to use going to and coming from school, the .problems have arisen in other parts of shopping centre, and so on. When these .Queensland in which the Government has matters are raised, we are told they are the closed railway lines and attempted to pro­ responsibility of the local authority. Let us vide better highways. Hon. members should hope that, when we get to building motor­ not kid themselves about that. I will agree ways and freeways, these problems will be that there is a beautiful four-lane highway worked out much better than they have been from somewhere near the Buderim turn-off to Nambour, in the Cooroora electorate; but, in the past and that the Government will be resDonsible for the whole of the motorways hecam~ of the availability of material and the country through which the road runs, or ·freeways. It is quite wrong to specify so it possibly would not cost half as much much as being the share of the Government .as ~~ similar road would cost in other parts and so much as the share of local authorities, of the State. for the reasons that have already been outlined by the Leader of the Opposition. . The highway to the Gold Coast, passing throul!h the electorates of Logan, Albert, Later today I hope to be able to prove and South Coast, has been provided by the how much local authorities are being fleeced GovC'rnment because a railway line was by having to carry out these particu]ar closed. But what is the position towards works. More and more burdens are bemg the other end of the Logan electorate where placed upon them with very little financial a railway line from Lota to Cleveland was assistance towards carrying them out. 2720 Main Roads Acts [ASSEMBLY) Amendment Bill

Another aspect of these motorways that Mr. NEWTON: Another interesting point interests me and that I am sure will be of is that the Minister referred in his intro­ interest to most members of this Committee ductory remarks to proof of signatures. In -it has been touched on by the Leader of any court action that may be taken it will the Opposition-is just what traffic is going be necessary to prove the signatures of to use them. We can see what is happening the persons concerned. It is evident that on our main roads. Roads are graded, com­ there has been something wrong somewhere mencing at highways and going down by along the line in the past in land resump­ steps, according to the volume of traffic, tions or something of that nature for road­ construction purposes. Perhaps somebody to ordinary streets. has been signing on behalf of somebody Mr. Aikens: I want to know if I can else. If that is so, the Minister is entitled ride a bike on a motorway. to overcome the difficulty by this amending Bill. Mr. NEWTON: No. The Minister said that in the construction Mr. Aikens: That is a denial of my civil of the motorways the installation of power, rights. water and other services would be avoided as far as possible. I can agree with the Mr. NEWTON: I think the Minister should Minister that it would not be necessary to tell us just what traffic can use a motorway. install certain things on the motorways or He touched on the matter of slow vehicles, freeways. Time and time again, no sooner speed limit signs and so on, but one gains is a new road constructed in the metropolitan the impression from what one has been able area than the Postmaster-General's Depart­ ment, the Brisbane City Council, or some­ to read about the Wilbur Smith Report that body else rips it up for one reason or another. freeways and motorways are to be used to However, I cannot see how the Minister increase the flow of traffic and to keep it can avoid the installation of power along moving. The greatest obstacle to traffic flow freeways and motorways unless he proposes in this city today, even on our main roads, is to have traffic islands without traffic lights the large volume of heavy transport con­ at the entry and exit points. I realise that tinually entering and leaving the city, par­ traffic lights are not installed on the Pacific ticularly on two-lane highways, thereby Highway where the access roads from places cutting the traffic down to a crawl. I again like Beenleigh and Yatala meet the highway. ask the Minister to give us some indication Traffic lights may not be needed there but, of what type of traffic will be allowed onto in the metropolitan area, judging by the motorways, what will be the speed limits number of traffic lights that have had to be and so on. These matters are important in installed recently, we may not be able to view of films we have seen in the Legislative dispense with traffic lights, because of the Council Chamber depicting what is happening growth that is taking place. in America with all types of transport on On behalf of the people in the metro­ particular roads. We have all seen what politan area I appeal to the Minister to happens there both to human bodies and to explain these matters more fully so that the bodies of vehicles when all types of we may be able to overcome the first point transport are allowed on these motorways. I raised concerning public reaction. The It would be very interesting to hear from more the public are taken into our con­ the Minister what is envisaged. fidence, the more we can tell them as members representing the metropolitan area The Minister mentioned the payment of what is going to take place, particularly royalties on materials used in the construction when we are approached by local bodies of the motorways. That must refer to the such as progress associations. We can say purchase of materials from other Govern­ that a Bill has been introduced about a ment departments. Was he referring to matter but we are unable to explain its material from Crown land, such as gravel full effect on their area. The hon. member or whatever is required for the building for Mt. Gravatt has had the same experi­ of the roads? Was he referring to timber? ence as I in relation to the four-lane highway. When the Wilbur Smith Report was promul­ The Minister indicated that in the past gated, as our electorates adjoined, we were whi!n old roads were no longer required called on to explain the position in relation the proceeds from the disposal of the land to the road going through our electorates. had been paid into Consolidated Revenue. It seemed to me that what he was saying If the measures were aired more broadly was that, because of the finance necessary in this Chamber, particularly when the for him to carry out the works he is Minister was introducing the legislation, we responsible for under the Wilbur Smith could play our part by trying to pass on Report, he is endeavouring to get such our knowledge to the public. I am sure money back into the Main Roads Fund. that in that way we would avoid much of Mr. Camm: No. the unfavourable public reaction of the past. Mr. NEWTON: The Minister is not? He Mr. DEWAR (Wavell) (3.52 p.m.): The is not endeavouring to get it at all? Minister has given the Chamber a rather brief outline of what is contained in the Mr. Carum: No. measure. Although I wrote as quickly as Main Roads Acts [2 APRIL) Amendment Bill 2721

I could I found it hard to note the few when completed will be 10 years out of date. points given. He stated that the Bill had That will be the position in Brisbane. This three purposes, to provide for the imple­ phase will take five years. The march of time, mentation of the urban road proposal follow­ progress, expansion and greater use of roads ing the Brisbane transportation study, the by more vehicles will render obsolete each proclamation of certain roads as motorways, phase of the Wilbur Smith plan before it is and the removal of anomalies. The Minister finished. This would not be unusual. It is referred to half the cost being paid for recognised world-wide that the building of road certain arterial roads, and the proclamation systems has got beyond the capacity of all of motorways. Not very long ago I gained Governments where there is a free way of life some experience of motorways in England and the standard of living is such that the and drove on the autobahns of Germany and owning of a motor vehicle by virtually every the autostradas of Italy. The M1 motorway family has become commonplace. If from London to Birmingham is the best America, with all the untold wealth its road I have ever driven on. It should not economy has engendered, is unable to cope be thought-and the Leader of the Opposi­ with this problem, as anyone who has been tion sounded this note of warning-that just on its roads will verify, then it is beyond all by building motorways we remove the possibility that Australia will ever be able problems. In fact, this type of road creates to cope with the vast distances we have to its own problems. I have referred previously travel, particularly in Queensland where we to hearing the tail-end of a broadcast on are starting so far behind scratch. a car radio a couple of years ago. I g~~her~d that _it related to one of the large I shall now refer to some comments I Cities m Amenca, and possibly Detroit, where made last year to which the Minister for the greatest traffic snarl in American history Main Roads purported to reply, no doubt took place. About one and a half million thinking that he had crushed me with the cars were trapped, and 5,000,000 or 6,000,000 weight of his argument. On page 68 of people were held up on the freeway for "Hansard" attention is drawn to the fact that fiv~ .hours. Anyone who thinks that by during 10 years of this Government's occu­ bmldmg super highways we will remove the pancy of the Treasury benches, in which problems has much to learn. $25,916,000 had been spent in the brigalow belt and on beef roads and $265,473,000 in Mr. Davies: Don't you think you created other areas of the State, a total of roughly a problem when you did away with electric $290,000,000, the sum of $4,471,000 had railways? been spent in Brisbane, representing 1 to 1t per cent. of the total funds of the Govern­ Mr. DEWAR: I do not know how we ment. Then on page 441 the Minister for could do away with electric railways when Main Roads referred to my comments on the we did not have any. spending of this money and said that I had . In Germany and England one of the very ignored the fact that money was spent from b1g pr?blems of th~ super highways-particu­ certain funds as follows:- ~arly m areas subject to foggy conditions­ $ IS the shocking accidents that can and "Expenditure on declared do, occur. A week before I arriv'ed in roads from Main Roads Frankfurt, Germany, there had been such Funds- an accident on the autobahn involving 22 Permanent works and cars. All of these progressive measures have maintenance 4,471,902 their own inherent problems. Advances from- The Minister mentioned the exclusion from (1) Commonwealth Aid motorways of persons other than drivers and passengers, the control of parking, the con­ Fund 1,431,055 trol of the use of the roads, and powers relatino­ (2) Road Maintenance to crossroads and signs. That procedure i~ Fund 2,983,820 followed in Europe and is successful. This is (3) Traffic Engineering a forward move that at long last gets Queens­ Trust Fund 120,000 land started on such work. Without a doubt Australia is 20 years behind the rest of the Treasury Subsidies- world in road construction, and Queensland Road, street, and bridge is 20 years behind the rest of Australia. works 5,775,085 Urban Roads Construction Mr. Davies: That is the period of Country­ Liberal Government. Fund 848,613 Mr. DEWAR: I make that 10 years. The $15,631,475" Leader of the Opposition referred to what he was concerned about and the hon. member The Minister conveniently forgot to mention, for Kedron, by way of interjection, referred when he was allegedly answering me on the to the piecemeal implementation of the matter of the $11,000,000, how much had Wilbur Smith Report. I join with them in been spent in the other areas of the State their remarks. One of the great calamities of from the same funds. On 18 October I piecemeal implementation is that each phase asked a question to elicit that information. 2722 Main Roads Acts [ASSEMBLY] Amendment Bill

The Minister subsequently supplied me with I am certainly not being narrow-minded, it in a letter, and I was pleased to note last because I recognise that I would be just as week that he included his answer in foolish to adopt that attitude as I would be "Hansard". The reply, I remind hon. mem­ to cavil at the claim of the Victorians that bers, was that $52,896,427 had been spent half their taxation is going to other areas of in the other areas of the State from the the Commonwealth. I recognise that a large funds from which $11,150,000 went to the portion of the taxes taken from Victoria and city of Brisbane. From those funds of New South Wales goes to Queensland, South $60,000,000 less than 20 per cent. was spent Australia, Tasmania, and Western Australia; in Brisbane. I recognise also that it is fit and proper that some of the taxes that come out of Brisbane Mr. Aikens: That's too much. should go to other areas of the State. But Mr. DEWAR: I expected that comment when more than 40 yer cent.-it is getting from the hon. member for Townsville South, very close to 50 per cent.-of the people of because justice is not one of his long suits. the State live in this city and are paying a If we take the total for 10 years of all the substantial amount-40 per cent., if not 50 funds referred to in the first case, in Brisbane per cent.-of the repayments of all the loans $4,471,902 was spent on permanent works that Queenslan~ has to underwrite, surely a and maintenance, and in other areas figure much higher than 10 per cent. of $265,473,140 was spent. On beef roads and road funds allocations would be a reason­ roads in the brigalow areas, $25,916,250 was able return for that underwriting of other spent. From those funds that I have referred areas. to, $11,000,000 was spent in Brisbane and $52,896,427 in other areas, making a grand If half the taxation collected in this city total of $15,631,475 spent in Brisbane, com­ were given to other areas of the State and half pared with $344,285,817 spent in other areas spent in this city, no-one in Brisbane would of the State. Of all the funds spent on road complain and there would be a far better works in this State over the last 10 years, road system here than there has ever been Brisbane's share was 4.3 per cent. I labelled or is likely to be. I say again that, on the that as criminal about eight or nine months basis on which the expenditure has been ago, and I so label it again. To me it is computed, Brisbane will never see an the greatest evidence in any governmental adequate system of roads, and it must be activity of raiding the public purse to the remembered that the use of motor-cars and disadvantage of the people of this city. To the use of the roads will increase at a much my knowledge, this is the only State Govern­ greater rate as time passes. ment that does not accept responsibility for city roads. All Governments that have occupied the Treasury benches in this State have shock­ In an attempt to meet my argument, the ingly neglected the City of Brisbane and Minister mentioned a number of city roads their responsibilities to the taxpayers in for which the Government took responsi­ this area. As far as I am aware, no other bility. I do not cavil at that; what I cavil State Government in Australia has failed at is the shocking condition of the roads for which the Government is responsibile. In to face up to the problem of providing roads the list given by the Minister, which appears within its capital city. Let us consider at page 442 of "Hansard" for this session, Perth first. For years-it is likely that are sections of roads, ranging from the South Governments of both political colours had a hand in this-Perth has had a freeway' Coast Road to the Aspley-Clear Mountain system that is first class for what is a Road, of a total length of 75.1 miles, for comparatively small population in terms of which the Main Roads Department is modern cities. The Government of Western responsible. Australia was responsible for that. The Minister went on to say that I was losing sight of the fact that over the next Last month I visited Adelaide, Melbourne, five years $37,550,000 was to be spent on and Sydney, and one of the principal reasons implementing the Wilbur Smith plan. Let for my going was to look at the type of us have another look at that. Taking into road systems operating immediately outside consideration the 1966-67 Budget year when the city proper. I found that in Adelaide, almost $40,000,000 was spent, obviously, even the capital city of a State that has virtually if there is no escalation, we will spend no natural resources and i·s dependent largely $200,000,000 for the next five years in this on the importation of most of the thin,gs State. Brisbane will receive $37,550,000. needed for industrial production, one can travel on a first-class divided highway no By adding $37,550,000 to what has been matter in which direction one travels. When spent, it can be seen that Brisbane will have I drove on those highways I was ashamed received over 15 years for road works the of what is happening in Brisbane. In Mel­ magnanimous sum of $53,181,475, whereas bourne, where I drove along at least two the other areas of the State will have received of the outlets from the city, the position $506,700.000. Brisbane's percentage will be wa·s similar to that in Adelaide, and all below 10. hon. members know what huge strides have There are some who may think that I am been made in Sydney in the post-war years being narrow-minded, and do not want to in the provision of proper expressways and see development in other areas of the State. roads of that type. Main Roads Acts (2 APRIL] Amendment Bill 2723

It is not sufficient for people to pound .little better than a goat track. In fact, I their chests and say, "What a good boy .would be surprised if every one of the 75 am I. This is what I have done." The fact miles was a fully sealed road. has to be faced that the road system sur­ I take this opportunity to say that I am rounding Brisbane is a shocker-nothing .pleased that at long last something is bein,, but a shocker. In my electorate and the done that at least purports to face up to adjacent electorate of Aspley, which once .the problem of our city roads. I do not was in my electorate, there has been a piece­ think that what is contemplated is good meal approach to road construction over the .enough because I firmly believe that by the last three or four years. My good friend from Cooroora, Mr. Low, naturally is end of this 5-year plan the whole plan delighted with the four-lane section of the will be hopelessly obsolete. We will be Bruce Highway extending from the Maroochy like the dog chasing its own tail. The only turn-off to Nambour. The only thing wrong way the Government can allay this problem with it is that it is built at the wrong end is to take greater responsibility for the road­ of the highway. It should have been built works of this city and allocate a more from the Chermside tram terminus to enable equitable share of available funds for this people on their way to Nambour to get work. out of the city quickly. I have never seen Mr. AIKENS (Townsville South) (4.14 such a botch in my life as the building p.m.): We have just had inflicted upon us of that fantastically good piece of highway a lot of unctuous piffle from a typica 1 city so far out of Brisbane. That is the type slicker. Can anyone imagine a man having of planning that we have had. All we are the superlative nerve and hide to stand up doing is systematically creating bottlenecks. in this Committee or anywhere else and We remove a bottleneck and create another claim that Brisbane has received a raw deal one further down the road. from this Government, or any Government, The Cabbage Tree Creek section of in comparison with the rest of the State? Gympie Road, back towards the Aspley The hon. member for Wavell, of course, Hotel, another piecemeal job, was done about very carefully and sedulously selected from two or three years ago. Then there was a various documents little figures from here pause for a while because Brisbane was and there to prove, as he thought, his getting a bit too much money. Another specious argument. section of about five-eighths of a mile, or When the hon. member spoke of the some other odd figure like that, was then neglect of Brisbane by this Government, he started, from the Aspley Hotel back towards was careful to avoid, until the very last the city, just beyond the Webster Road turn­ moment any mention of the terrific amount off. I drove over it last night. What has of money that is to be spent here under the been done. Work on it has been going Wilbur Smith Report. He was very careful on for months and it is not finished yet. to avoid any mention of the fact that the When it is finished it will be a wonderful Government will bear either the whole or job from that garage up to Cabbage Tree half the cost of the new Victoria Bridge. He Creek, but once over Cabbage Tree Creek was very careful not to mention that the the whole of the traffic will again crawl Government of this State built the Story along on a goat track right through Bald Bridge. He was very careful not to mention Hills and north. What wonderful road plan­ the tremendous amount of Government ning-moving a problem from one section money that has been poured into the indus­ to another! And at the present rate it will trial development at the mouth of the Bris­ take 150 years to solve problems. No attempt bane River, which has made Brisbane has been made, as far as I know. to do perhaps one of the most thriving industrial the section from Webster Road back to the capitals in the Commonwealth. He was very Chermside tram terminus. careful to avoid mentioning the millions of dollars that are being poured into the con­ I was born in Kedron and I can remember struction of hu.~e air-conditioned palaces in that even in the old dirt-track days we had George Street for the whole horde or army a wide highway from Stafford Road corner of civil servants, which is growing every day, right through to the Chermside tram like Topsy, in Brisbane. He was very careful terminus. For the last 25 years we have not to mention that a lovely big air-condi­ .had the best piece of roadworks in Queens­ tioned mansion is going up in George Street land in that section, but the moment we for the District Court or the Supreme Court. traverse that and pass the terminus, before He was very careful not to compare that getting to Downfall Creek, we get another edifice with the Supreme Court in Townsville, bottle-neck. By piecemeal work all we do where proceedings are frequently interrupted is to move a bottle-neck from its present by the chattering and twittering of the mina position to another. The whole job is not birds in the ceiling and the sound of the being tackled in the proper manner and one white ants eating the wooden walls, and even indisputable fact is that the Government is the floors, of the building. Fancy the hon. not giving an adequate share of the Road member for Wavell, of all people, talking Works Fund to this city. It is not good about the neglect of Brisbane and the pander­ enough for the Minister to claim that the ing to the people of the rest of the State1 Main Roads Department is responsible for The hon. member did not mention some­ 75.1 miles of the roadworks in this city. thing that we already know, that is, that if it .I should say that some of that 75 miles is were not for the people outside Brisbane who 2724 Main Roads Acts [ASSEMBLY] Amendment Bill

produce the wealth of this State, the people drastic like a State of our own, which may of Brisbane would not have jobs; Brisbane come sooner than many people think, I do itself would be a collection of bag-and-bark not know how the problem can be overcome. humpies along the Brisbane River. The citizens of Brisbane are Jiving on the fat of When the Minister talks about money the land, bleeding the country people white, being spent on main roads, he should come and the hon. member is quibbling and up and have a look at Townsville. We have grumbling. If we took a fair and reasonable one Main Roads job being done. That is a assessment of all the money that is being Kathleen Mavourneen job that might take spent in Brisbane, I think we would find years to complete. Portion of the Charters that at least 70 per cent. of State revenue Towers Road has been done, and the work­ and State money was being poured into Bris­ men are now down to a depth of 15 feet bane and the south-eastern corner of the State. in a huge excavation in another portion of How much money, for instance, is the that road. Passers-by ask the council Government spending on the reclamation of employees on the job when they expect to the beaches at Surfers Paradise and along the strike the reef or see colour. Just past Gold Coast because of erosion that was that road is The Causeway. If hon. members caused by the stupidity and the cupidity of want to see an example of dilapidation and the go-getters, the shake-down men and the decay they should look at The Causeway in quick-dollar boys in that area? When incal­ Townsville. When metropolitan members culable damage was done as a result of their talk about a bottle-neck at Chermside or stupidity and cupidity, in rushed the Govern­ Kelvin Grove, or wherever they inflict them­ ment with all the money it could get its selves on the unfortunate people because of sticky fingers onto to reclaim the beaches their place of residence, I suggest that they for the bookmakers and all the spivs and should look at The Causeway at Townsville. the hangers-on that own most of the Gold Coast property. Mr. Dewar: I have had a look at it. Every time we turn on the television we Mr. AIKENS: Would the hon. member be see the Premier and the hon. member for happy with it if he were living in Towns­ South Coast, Mr. Hinze, and others walking around looking as intelligent as they possible ville? It will be fixed up in the sweet by and can-it is a particularly big job for them by. If we live long enough and are prepared to look at all intelligent-while they are to wait for 10 or 15 years, we might see a pointing here and pointing there and pro­ start on a new causeway. Those people who fessing to be interested in the reclamation of go to Townsville by plane-as most do­ the beaches on the South Coast. They do will realise that we have the most amazing not tell the people, of course, that the hard­ country in Queensland. Those who fly earned money from the people in the back between Brisbane and Cairns, either way, country is going into the South Coast area. always run into a 40-mile-an-hour head wind, Let the Government tell the people what any time of the day or any day of the week. money it is going to put into the reclamation When we get off the plane at Garbutt we of the roads and the repair of other damage have to get in from Garbutt to Townsville, caused by the teriffic floods in North Queens­ and anybody who has travelled along the land in February. That damage was not main Ingham road from Garbutt to Towns­ caused by stupidity and cupidity. It was not ville knows what a goat track it is; in fact, caused by go-getters and quick-quid boys no goat could travel along it. It is supposed coming into the area and building on the to be a two-lane trafficway from the North, river banks or the foreshores. If I might use but there is no room for pedestrians or the term, it was the result of an act of God. cyclists, and, in addition, there are little, We cannot get any money from the Govern­ narrow bridges along its course. ment for that. It all has to come out of the Hon. members have never seen traffic ratepayers' pockets. congestion such as occurs on this road. This I am sick and tired of hearing this piffle so-caJied highway is partly in my electorate, from city slickers. While the Government is partly in the electorate of the hon. member erecting all these lovely buildings down here for Townsville North, and partly in the in George Street, let hon. members opposite electorate of the Minister for Primary come north with me, where I will show them the hunchbacks of Aitkenvale. I will Industries. We are being bled white by the show them the teachers who are dwarfs and Government in the interests of Brisbane. hunchbacks from teaching in the classrooms Those who drive from the aerodrome into under the Aitkenvale State School with only Townsville are fortunate to complete the 5 feet 6 inches headroom. The 6th-grade journey without being kiJied or injured. and 7th-grade boys and girls cannot be taught After reading the articles in the Press in them because they would have to enter in a appealing for road safety, I say to the simian position, on their hands and knees. Minister, "For goodness sake get away from While the metropolitan area is getting the this old-English, stilted language". When I duck, we in North Queensland continue to read in "The Townsville Daily BuJJetin" get the crow. We are used to it. Goodness an article published by the Road Safety knows, under the Labour Party, we became Council, I found that it referred to a inured to it, and this Government has us carriageway. Being an ordinary, average case-hardened to it. Unless we get something Australian, and a North Queenslander to Main Roads Acts [2 APRIL] Amendment Bill 2725 boot-and I am very proud of it-I regard is fast." Their vanity will not let them drive a carriageway as the little bit of roadway that behind another car travelling at the lawful leads from the road into one's garage. How­ maximum speed of 60 miles an hour. ever I found that when the Road Safety Driving home from a Foley Shield match Cou~cil was referring to a "carriageway" it at Ingham, I was in a cortege of three cars was referring to a road. Why the hell didn't travellina at 60 miles an hour when one of it say "roadway", so that everybody would Townsvi'Ile's most reputable citizens drove know what it meant? along on our right-hand side-he was on According to the Minister, the Bill con­ the wrong side of the double line-an~ up a tains a definition of the various types of hill at at least 80 miles an hour, leavmg us road. We will have motorways, secondary for dead. I trembled at the thought of roads and roads of all shapes, sizes and what might come over the rise. If anything nome~clatures. There will be roads on which had appeared over the rise in front of him we can drive a motor vehicle only, and roads he could not have veered to the right because on which we can presumably drive a sulky of the cutting and he could not have gone and pony. Let us hope that some of the straiaht ahead because he would have crashed roads make provision for a humble member into "the vehicle approaching him, so he of Parliament trying to struggle along on his would have had to swerve to the left and nigaardly parliamentary stipend who rides crash into one of us. Luckily he got to the top of the rise before a little road-roller a humble bicycle. From the Minister's coming towards him hit him. I met him in statement, it appears that we will first have the street a few days later and passed a few to choose the road to suit the vehicle of our well-chosen contemptuous remarks to him. I choice. Let us have an end to all this non­ told him that he had endangered not only sense· let us ask the Parliamentary Draftsman my life and the life of everybody else on and 'an the other people involved to get the road, but also the lives of his wife and away from the dictionary out into the streets children, who were in the car with him. Of to hear what the ordinary men and women course, it was a big, ornate, luxurious car, are saying. Let us indulge in a little bit and you can bet your life he was a supporter of the Kuridala lingo, as the Premier once of the Liberal Party or the Country Party; called it. The people will then know what he would have to be to own a car like that. we are saying. He tried to poke me in the belly to emphasise I think the Leader of the Opposition or his point-I knocked his hand down-and he another hon. member mentioned that if a said, "Look, if I want to kill my bloody wife person goes from a reasonably good road _in and children, it is my business, not yours". Brisbane to a road out in the country With That is the attitude of these drivers. No 10 feet of bitumen and rough gravel, soil, power on earth will make a man in a big, stones, or goodness knows what, on each sid~, luxurious fast car travel behind another car and travels at 55 to 60 miles an hour, he IS on the r~ad. Everybody knows that that is a slow driver, because anybody who drives at true. And everybody knows that the average the maximum of 60 miles an hour on a main fellow in the ordinary, common-model car, road in the country is a slow driver. If you such as a Cortina, Falcon, or Holden, if it is drive along a narrow road in the country souped up, will drive at faster than 60 at 60-I defy anybody to contradict this­ miles an hour. Not one man in 10 keeps nine cars out of 10 will pass you and leave within the 60-mile-an-hour limit on the road. you for dead. You are a slow driver if you drive at the maximum of 60 miles an I received a letter and a photograph the hour. other day from a prominent grazier living in the electorate of Condamine, or Aubigny. I have tried this. I do not drive a car The photograph depicted a police trap under­ myself but I ride with my grandsons, who neath a tree. The sender advanced the who are very careful and good drivers. At argument that I should raise the point in times I have said, "Will you accelerate and Parliament that nobody takes any notice of see how fast this fellow will go to pass you?" the 60-mile-an-hour speed limit today, that They have grumbled about it and I have had everybody travels at 70 or 75 miles an to promise to pay the fine and to try to get hour, so why not make the speed limit 70 or them out of any trouble they might get into. 75 miles an hour? That attitude was adopted They have gone up to 75 miles an hour, yet the other day by the hon. member for Towns­ other drivers have shot past them just the ville North relative to the liquor laws. He same. said that if enough people break the law, I have heard other hon. members, when the law should be amended to suit them. talking of the problems of the road apart This is the attitude of many people to the from drunkenness and irresponsibility, say dreadful toll of the road. that the greatest fault in the terrific struggle I did not intend to speak for very long for survival on the road and the greatest on this Bill. However, I was so sickened that boost to the carnage on our roads is the I almost vomited when I heard the hon. slow driver, but it is really human vanity. member for Wavell spouting about the How many hon. members have said to me, so-called neglect of "dear old Brisbane". 'Drivers have said that they will not drive If ever there was a bloated, parasitical behind any mug on the road unless his car encumbrance on the people of this State, it 2726 Main Roads Acts [ASSEMBLY] Amendment Bill

is Brisbane. It is to the discredit of the did, merely for the purpose of exaggeration, Government that it is carrying on the policy by saying, for instance, that the dreadful laid down by Labour Governments of bleed­ tragedy in my electorate on Sunday, when ing the rest of Queensland white in order to almost an entire family was wiped out, was favour their beloved Brisbane. The next caused by the condition of the road. That time the hon. member for Wavell, or any has nothing to do with the matter. I enter other city slicker, stands up and tries to the debate solely in the interests of Central make out a special case for Brisbane, let him Queensland and the people whom I be honest enough to quote all the figures. represent. Mr. Dewar: I did. The main roads in my electorate are, I feel, some of the most important in the State. Mr. AIKENS: The hon. member quoted To appreciate that, one has only to look a few here and a few there. Like the little at the wealth produced in the Shire of boy who picks out all the pink lollies from Banana. It is in excess of that produced by the hundreds and thousands, he chose the figures that suited him. Let him walk up six shires on the Capricornia Highway. George Street, or go to St. Lucia, and see With the advent of mining at Moura the magnificent palaces being built there and and the brigalow land development scheme, in other parts of Brisbane. The Government the wealth of the area is far in excess of is spending untold millions in Brisbane in what it was years ago. I believe it is high other directons and is doing nothing for the time that the Government recognised this country, particularly the North. Now a plea fact, because I feel that we have had a very is made for the spending of untold millions raw deal. I have figures supplied to me years on roads in Brisbane, leaving the roads else­ ago by the late Ernest Evans. They serve here in their present deplorable condition. no useful purpose in relation to that area. In answering a question the other day, No-one knows better than I do the money I think the Minister for Main Roads gave that has been put into main roads to meet figures which showed that more road money the needs of the brigalow land development was spent in Brisbane than in either the scheme and the mine at Moura; but, at the central or northern area of the State. With same time, it must be remembered that many the Premier on the front bench, I interpected p:ople who settled years ago in the Theodore and said that once again North Queensland area, the Baralaba area, and other areas in gets the crow and Brisbane gets the duck. my electorate, have to travel over roads Brisbane always gets it. I am not saying that that are in a shocking state. That is true this Government instituted that policy, but not only of my electorate; the hon. member it is certainly following it. I know that for Callide could push his own barrow if nothing can be done about it in this he wished to do so. Chamber. I know that there are 28 mem­ On the Leichhardt Highway, one travels bers in this Parliament representing metro­ 46 miles to Dululu, then turns off and politan seats, some of them about the size heads for the very progressive town of of a pocket handkerchief. I know that it is Biloela. The road from Dululu township said of some small selections in the West has not been bituminised although the as with these Brisbane electorates, that bitumen has extended to Dululu for over one can stand on a windmill and spit 12 years. One then finds that the road from to all corner-posts. Of course, within a Banana to Theodore has not a great length radius of about 100 miles of Brisbane there of bitumen surface. Admittedly, work is now are another 30 or 40 electorates, yet in being done on a 4-mile section from Banana North Queensland, from a point north of to the overhead bridge on the new direct Mackay to the Northern Territory border Moura-Gladstone railway, but there is and right to the shores of New Guinea, another verv bad stretch from there to the there are 13 electorates. old bitumen. strip put down in 1956-57, \Vhich If the unholy alliance between the A.L.P. is about five miles in length. There is then and the "ginger group" of the Liberal Party another very bad stretch of road to near the continues and there is a redistribution of old Lonesome Creek short-cut road. seats based on one vote, one value, there will be an additional four seats in Brisbane I think it is high time that the Minister and the number in the whole of North considered this problem. Last Friday morn­ Queensland will be reduced to nine. Thus ing I asked a question in this Chamber as the raw deal that we have received in the to the mileage of road remaining unsealed past, and are still receiving, will be accen­ from Brisbane to Cairns via the Bruce and tuated because we lack the political repre­ Burnett Highways, ami the extent of it in the Banana Shire. The answer was that sentation that we should have. It should about 44 miles remain unsealed, of which 34 be based not on population but on the miles are in the Banana Shire. The other wealth that is produced and the good that is done for the State. 10 miles are in the Monto Shire. rt is planned to seal another five miles, and the Mr. N. T. E. HEWIIT (Mackenzie) (4.34 council has been given an assurance that a p.m.): I do not enter the debate, as I feel final scheme will be released when the present sure the hon. member for Townsville South one is completed. Main Roads Acts [2 APRIL] Amendment Bill 2727

Another question that I asked related to The department's claim is borne out by a the Bruce and Leichhardt Highways. The letter to me from the general manager of the total distance from Brisbane to Cairns via Golden P1ateau mine, in which he said- those highways is 1,213 miles. Of that dis­ "We thank you for your representation tance, 87 miles remain unsealed, 58 miles on behalf of the Eidsvold-Theodore Main in the Shire of Banana and 29 miles in the Road from Cracow to the Camboon shire of Taroom. Therefore, of the 131 miles Turn-off.'' of unsealed road on the two highways With it he enclosed a copy of a letter sent between Brisbane and Cairns, 92 miles are to the Minister for Main Roads relative to in the shire of Banana. an offer of assistance from the Eidsvold No wonder I have spoken so frequently Shire. He then said- and so strongly in this Chamber about the "We all know the Banana Shire is bad state of the roads! And I assure the unwieldly, and the dirt roads throughout Committee that the people of my electorate are in a very bad way. However, we are behind me, irrespective of what the ask you to make representations to the Minister thinks. No member in this Chamber Hon. Minister, as this suggestion would has spoken on this subject as frequently as not only assist the Cracow residents but I have. If the hon. member for Gallide it would also remove some of the burden wishes to have his say on the subject, it is off the Banana Shire." his prerogative to do so; but I inform the He suggests to the Minister that he allow Committee that I shall continue to fight the Eidsvold Shire Council to take over just as hard as I have in the past. that nine-mile section so that it can try to put the road into some reasonable state. The Banana Shire Council met last week He also stated in his letter that before it and I draw the attention of hon. members could be put into a reasonable state a to a report published in "The Morning tremendous amount of money would have to Bulletin", Rockhampton. It said- be spent. In fact, towards the latter part of his letter he said that in some parts drivers "Road Complaints Justified, Banana Council are going on the wrong side of guide posts Told. to obtain a reasonable surface. "Ratepayers were justified in complain­ I am one member of this Committee who ing about the present poor condition of gets around his electorate. Only last week-end Banana Shire roads, the Council was told I travelled some 500 miles from Saturday yesterday. lunch-time till Sunday afternoon and had "Cr. K. M. MacLean said: 'The roads a look at these roads, and I know just how are in a mess.' bad they are and what is needed. I know how important it is that something be done. "He knew that the Council was in finan­ If we get a wet season in that part of the cial difficulties, but something had to be country, all I can say is that there will done." be no traffic whatever. Traffic will come Councillor MacLean represents the No. 3 to an absolute standstill on the Leichhardt Division, which takes in Baralaba and Rannes. and Burnett Highways because, in many Councillor C. G. Lang, who represents the places the gravel is completely gone. The Theodore area in the No. 1 Division of the roads are in such a state that unless they shire, said that he believed road develop­ are re-gravelled, or something is done, the ment was not keeping pace with rum! people will be very seriously inconvenienced. development, and to quote again from the I continually press this problem. I know report- the Minister will try to shoot me down by "He said that lack of equipment was quoting figures. And what he says about one of the main problems with road what has been spent might be factual, but the people in the district know how bad upkeep." the roads are and, having travelled over l could not agree with him more. The them last week-end, I, too, know that what report said that Councillor A. C. Shepherdson, I am saying is correct. the acting chairman of the council, who is Let us look now at the road from Baralaba deputising for the chairman while he is in to Duaringa, where it meets the Capricorn New Zcdand, said, "It is not a pretty situa­ Highway. Once transports get into the tion.'' The report continued- Banana Shire they have to be pulled up the "Cr. Lang said that every road in the bank of the Don River because the road is Shire needed grading. so greasy; they have to get a tractor to pull "'The Moura-Theodore road is a dis­ them out. grac~.' he told the meeting. I mention this matter because of a chal­ "He said that gravel was badly lenge I received from the Minister this needed on the road." morning when he and I clashed on road The last paragraph of the report is a classic. problems within the Banana Shire. I am not lt said- frightened to take up a challenge. I have "The Postmaster-General's Department met bigger challenges than this in my life stated that nine miles of the Eidsvold­ and I did not back-pedal. However, let me Cracow Road could only be described as say that we were told many years ago that dangerous." the road from Wowan to Rannes would be 2728 Main Roads Acts [ASSEMBLY] Amendment Bill

bitumen-sealed. No bitumen has been put will welcome motorways when they come, on that road since 1956. At the present time but I think we ought to remember at this a strip of three miles is under construction. stage of the debate that the mere proclaim­ Only recently I spoke to a friend of mine who ing of a road as a motorway does not make has lived in Baralaba area all his life. and it a motorway. Making provision for the he told me that the road from Baralaba to proclaiming of motorways does not mean Wowan is worse than he has ever seen it. that motorways are to be built. That shows how bad these roads are. No wonder I made the interjection that some Mr. Pilbeam: It is a first step. of them are goat tracks! When a man Mr. P. WOOD: It may be a first step, like the manager of Golden Plateau mine but I do not think it is an important first is prepared to put his signature to a state­ step. The important first step is to get the ment that people are going on the wrong side surveyors and the bulldozers out onto the of guideposts to get a reasonable surface, roads. there can be no argument about the state these roads are in. I like to bring everything We on this side of the Chamber would out into the open so I turn now to have been very interested to hear where the Theodore to Taroom road, and draw the Government proposes to build motorways. attention to the 3.6 miles of the Leichhardt I was unable to gather from the Minister's Highway which runs from Theodore to the remarks whether existing roadways are to be Glenmoral turn-off. I have an interest in proclaimed as motorways or whether certain a property known as "Glenmoral" and it has motorways are to be constructed. If he been insinuated that I got this road for intends calling some of our existing high­ my own benefit. ways "motorways", he will be attempting to mislead this Committee and the public, Let me tell hon. members the whole history because by no stretch of the imagination of this road so that they will know the facts. could any of our State highways be called In 1961, the then Minister released a scheme a motorway. for the gravel-surfacing of that roaa which, I think offhand, cost $25,310. The gravel­ Mr. Camm: Why not? surfacing done by the council of the day was so bad that people "did" tyre after tyre Mr. P. WOOD: Because they simply do on it because of the huge boulders that not match up to the standard of motorways were used. As a matter of fact I after­ that is generally accepted in overseas coun­ wards picked many of them up and put them tries. I have travelled on motorways in around troughs on my property to prevent England, the United States of America and the cattle bogging. When the Minister looked Europe. I agree with the hon. member for at the road six months after it had been Wavell when he says that the M1 motor­ surfaced he said, "This will all have to be way in England, stretching north from pulled up. The road will have to be com­ London, is one of the finest roads in the pletely resurfaced." When the job was world. If the Minister intends to call even redone the road was bituminised. All the the Brisbane-South Coast highway a motor­ culverts and everything else built as part way, he really does not know what a of the first job that cost $25,310 had to motorway is. It is nothing at all like a be pulled out and new ones put in. That motorway. If he goes further away from is the reason why that road was bitumen­ Brisbane-north, west, or north-west-none surfaced. The first 3.6-mile section of the of the State's highways can even be remotely road serves the brigalow research station, called a motorway. None of them hears brigalow settlers in the area and the timber any resemblance to a motorway. mill at Theodore. All the timber for the Mr. Carey interjected. mill at Theodore comes in along the Glen­ moral Road, and that mill employs some .Mr. P. WOOD: I repeat that the road to 30 men. Even if I had something to do the South Coast could never come within with this road, I point out that it would still the definition of a motorway. be the most logical part to seal with bitumen A Government Member: It carries a lot of because it serves the brigalow research traffic. station, the sawmill and the people travelling by road from Theodore to Taroom. Mr. Carey: My word it does. I make this urgent plea in the interests Mr. P. WOOD: But it is not a motorway. of people in that part of Queensland because I feel that they have had a raw deal. Some­ I a_dvise hon. members, and the Minister, that 1f they want to call roads motorways thing is completely wrong when one shire they should look at the motorways in Great has 92 of the last 131 miles to be sealed to complete the two highways from Cairns to Britain, Europe and the United States. They Brisbane. Therefore I feel that I have some carry absolutely no cross-traffic. All traffic justification for talking in the manner that comes onto them by proper entry lanes, I have. and all traffic leaving them departs by exit lanes. All cross-traffic goes either over or Mr. P. WOOD (Toowoomba East) (4.48 under the motorway. In the United States p.m.): In introducing the Bill the Minister said one can travel for hundreds of miles on that it made provision for the proclamation motorways without meeting any cross-traffic. of motorways. Most Queensland motorists If the Minister is hoping that by calling a Main Roads Acts [2 APRIL] Amendment Bill 2729

road a motorway it becomes a motorway in as urban arterial and subarterial roads­ fact, he will not fool hon. members on this and then find that the city itself is almost side of the Chamber. desolate because of the impact of motor vehicles; it has been given over to motor Mr. Porter interjected. vehicle car-parks and ancillary services. Mr. P. WOOD: He may have fooled the That is not idle imagination; it has hap­ hon. member for Toowong and other hon. pened. I saw it in Detroit. I was amazed. members opposite. I stayed in the centre of the city, half of the central area of which is devoted to This Bill in itself will not provide motor­ car-parks. The city becomes almost a desert ways. If the Minister tells us where he by day and an abandoned desert by night. intends to provide them, I will listen to him While motorways between cities and good with a great deal of interest. We would arterial roads within cities are necessary, we welcome motorways, although my overseas must arrive at some sort of compromise. experience confirms what the hon. member for Wavell has said. While travel on motor­ I do not want to depart too much from ways in country areas is very simple and fast the principles of this legislation. It has been and usually very safe, a motorway always said that the solution to some of the problems comes to an abrupt end. When travelling of bringing people into the city lies not in south in England on M 1, or to the east or providing expensive arterial roads but in providing better mediums of mass transporta­ west on M2, after moving at relatively high tion. If this Bill facilitates the building of and safe speeds the motorist is reduced to a motorways, I am sure that all hon. members slow crawl for many hours and many miles will welcome it. when driving his vehicle to the centre of London. Similarly, after taking only a few The first requirement of town and city hours to travel from Washington to New living is that it should be pleasant living for York on a very safe road at a very fast rate, the people who reside there. That implies upon crossing the Hudson River it took me freedom from noise, fumes and traffic danger. about an hour to cover a few miles on On the other hand, it also implies ease of Manhattan Island. transportation within the city. It means inevitably some sort of compromise between I do not wish to relate the situation in New the cars and roads on the one hand and, York to that of Brisbane because the contrast on the other hand, the people who live in is too great-although there are some similar­ the city and have to use the cars and roads. ities. The building of a motorway is only I refer now to the transportation surveys half the answer. What is the point in conducted by the Main Roads Department building a motorway from Southport to in conjunction with several local authorities Brisbane if it takes as long to get from the in an attempt to solve the traffic problems outskirts of Mt. Gravatt into the centre in certain cities, including Toowoomba. I of the city as it does to get from Southport relate this to my previous remarks that to Mt. Gravatt? The access to the city the aim of city living should be to provide centre is just as important as the connecting pleasant conditions for living. It is necessary roads between the cities. We do not have in all major cities to do some major work a bad road from Ipswich towards Brisbane, to handle the present heavy volume of but if one turns towards Jindalee, or along traffic and the expected increase in it. By Oxley Road and comes into Brisbane from 1985-the period covered by the transporta­ any of the roads in that direction, he tion survey carried out in Toowoomba­ immediately comes to a grinding halt. It is Toowoomba's population is expected to all very well to have a four-lane highway increase from 55,000 to approximately 80,000, from Ipswich to Brisbane, but the purpose and its motor vehicle numbers to more than is defeated when adequate provision is not double. Toowoomba's population is rising made for the rest of the journey. at a steady rate, and the number of motor vehicles on the road is increasing at a much This brings me to the experience in over­ faster rate. This inevitably means that con­ seas countries, especially the United States. siderable work will have to be done to When provision is made for easy access to facilitate motor vehicle transport not only in the centre of the city by motorways, as has Toowoomba but also in other places. been done in places such as Detroit and San Francisco, large portions of the centre of The existing plan as presented-it has not the city are devoted to car-park facilities. To yet been finally accepted, although I under­ use an American expression, the "downtown" stand that it is in the process of being area is almost strangled because of the accepted-would remove from Toowoomba number of motor-cars that pour into it and much of one of its most valued assets, because of the great spaces that have to be namely, its natural beauty. It would devoted to the motor-cars when they arrive. remove from Toowoomba many of its trees. It may be progress to remove from a city its We can reach the stage where we can natural beauty and replace it by motorways build expensive motorways connecting prin­ so that people can move with greater speed cipal cities and expensive roads from the from one place to another, but it is only outskirts of our cities to the centre of our progress of a kind. In other respects, it is cities-I think the Minister described them a backward step. I do not believe it is 2730 Main Roads Acts [ASSEMBLY] Amendment Bill necessarY: to destroy the beauty and pleasant signs adjacent to that highway. Although surroundmgs of any city to provide easier I do not want to upset unnecessarily the motor transportation. members who represent those areas, I must ~ay that one of the most unsightly drives It ~s necessa1y to d~t.ermine fairly early m Queensland is from Brisbane to Southport. w~at IS wanted m our cities. As I have said, thrs has to be some sort of compromise. I cannot describe it in words other than We cannot allow cities and towns to be to say that it is plain ugly, and that is mainly because of the host of advertisino- sians on des~royed by the motor vehicle. The plan envrsaged for Toowoomba takes through each side of the highway betwee; he~e and traffic right through the centre of the city the South Coast. If one goes north or west Traffic proceeding from east to west or i~ again one sees almost the saJTie profusio.~ any other direction, proceeds to the' centre of advertising. It is unsightly and ugly, and of the city. Traffic from south to west or I do not think it is necessary. south to east does not quite go along the Apart from its ugliness and unsightliness, same route, but it still goes very nearly to and more importantly, it can be dangerous. the centre of the city. When driving at night, I have been confused by signs on which luminous paint has been It would not be difficult to survey routes used. People who erect such signs put not far from the centre of the city to carry them in spots in which they will pick up all through tra_ffic, an? all local traffic leaving the headlights of motor vehicles, otherwise Toowoomba, m a circular route in which­ they would be of little use. That means that ever direction it may desire to leave. Exit they are placed at the end of a curve to t~e east, the south and the west, through or bend, or somewhere where the lights of r~latrvely l_lnpopulated areas, would be vehicles will hit them directly. In turn, this simple. . Exrt to the north would be a little means that they are placed in the most more drfficult. I do not believe it is neces­ dangerous spots. sary to destroy much of Toowoomba's beauty m~rely to enable motor transport to move If the Minister does me the courtesy of wrth greater ease. replying, I shall be interested to hear what he has to say about advertising signs along I am sure that most members have visited the highways. I should like to see every Toowoomba at some time or other. They pr_obably entered by driving along the Range advertising sign between here and Sydney, here and Toowoomba, and here and any Highway and then down one of the main other point in the State, removed from places streets, s~ch as Margaret Street, to the centre adjacent to the highways. As I said, apart of the crty. The immediate impression that one gains upon arriving in Toowoomba is from being unsightly, they can be very one of natural attractiveness, because each dangerous. side of Margaret Street is lined with Mr. E. G. W. WOOD (Logan) (5.7 p.m.): numerous trees. The proposal in the trans­ Hon. members have used the introduction of port survey is that all of those trees be the Bill, which sets out to deal specifically rel!loved. The natural beauty of Toowooba, with certain matters, as an opportunity to bmlt up over many years and irreplacable discuss main roads throughout Queensland, at a moment's ?otice, is to be destroyed so and to some extent the debate has reminded that motor vehrcles can move with gmater me of a local authority meeting. As I ease from east to west and west to east. I have an axe to grind on some matters I do not call that progress. More satisfactory shall join in. ' roads can be designed. There are one or two brief principles I have one more comment to make on that I wish to set out. I ask hon. members the Minister's introductory remarks. He to remember, firstly, that the more specific went through them rather quickly, and it work the Main Roads Department is required was not possible for me to take a note of to do-channelling, drainage, and other all the details that he mentioned. I under­ improvements-the shorter will be the length stood him to say that advertising signs will of road construction in this State. The second not be allowed on motorways. I think that prif!ciple is that, given enough money, the that was all he said, and I have to try to engmeers can construct all the clover leafs :vork out from it what he means. I take and other things that are required. It is only rt .t~a~ advertising sign~ on private property a question of finance. ad1o;nmg motorways_ will also be prohibited. Obvwusly there . Will not be advertising Then I come back to the interchange of signs in the middle of a motorway. finance between the local authority and the Main Roads Department. If the department Advertising signs along roads are now is to take more and more of this work from usually situated o_n private property, or rail­ local authorities, it means that registration way property, adjacent to the roads. I ask fees will go up. Does one pay additional the ~inister this question: if it is possible registration or increased local authority rates? for hrm to prohi)Jit. advertising signs along motorways, why It IS not possible for him It is as simple as that. to proh!bit such signs along State highways I must say at this stage that there is a and mam roads? That would be very desir­ great deal of work to be done on the main able. _Let anyone drive to Southport and roads. It is obvious that that must be so count, rf he can, the number of advertising in a developing country. At the conference Main Roads Acts (2 APRIL] Amendment Bill 2731

of the contiguous shires held recently, I one car can safely pass another. There are had the honour to listen to the Mayor of 6,000 cars a day travelling on that road, Long Beach, California, give an address on mostly from the Redlands area. I am vitally traffic matters. He said, inter alia, "We affected. I am not even prepared to wait my build roads"-motorways, he called them­ turn; I want to get in ahead of someone else, "to take traffic at 65 miles an hour, but as everyone else does, but the Main Roads we find that we are not getting the cars Department only has certain funds. It is out of a slow crawl", He concluded his ludicrous to say that Brisbane has been remarks by saying, "I don't know what to neglected in favour of the outside areas. do with the traffic problem". It is obvious from his remarks that America, with its I do not know of any Main Roads plan many years of experience in this field, has that I have ever seen that did not provide not found the answer to the problem. for the construction of culverts, bridges, and A number of hon. members have risen so on as part of the scheme. The hon. mem­ in this Chamber and given the Minister their ber for Townsville South asked how the hon. formulas for solving this problem. I do member for Wavell could possibly exclude not think it can be wholly solved; it can be from the Brisbane estimates the cost of solved piecemeal. It is true that when we crossing the Brisbane River at so many places. It amazes me that bridges should be solve a difficulty in one section it raises taken into the estimates in western areas but another difficulty in some other section. not in Brisbane. Therefore, when we deal Let us now deal with the Wilbur Smith with the published figures we must realise plan. My electorate of Logan has three high­ that they are misleading. ways coming into it, two of them being the highway from Beaudesert and the Mt. Linde­ I know that unless something is done in say Highw..ty. The latter highway is narrow. Brisbane, as with Sydney and Melbourne, a The M:1in Roads Department has done some dead heart will be formed. A dead heart has work on it but a great deal more requires to been formed in both of those two cities owing be done. I would say that it is not a safe to the difficulty presented by traffic getting road and more work should be done on it. into them and big businesses going out into We. also have the. Pacific Highway, parts of the suburbs. But that position has been which south of Bnsbane require a great deal rectified. Big cities do develop a dead heart, more work. and a feature of town planning is to make every effort to prevent this. I suppose that The hon. member for Belmont has raised is what the Wilbur Smith plan is for, but we an issue related to his electorate. I am in must keep things in their right perspective. agreement with him because the road he The Wilbur Smith plan was only an advisory mentioned s~rves the Redlands area. How­ plan for the guidance of the Government. ever, I know from my local authority exper­ There is nothing to say that it has to be Jence that the Commissioner for Main Roads accepted in toto. It is for the Government has drawn up his five-year plan and has taken of the day to decide what parts of it are to the councils of the State into his confidence. be accepted. The Minister is rightly dealing In each of those five years he draws up new with one aspect of the report now. plans and makes the very best use of the fin;,nce available to him. I was rather amazed to head the hon, Mr. Davies interjected. member for Toowoomba East make play on the word "motorway". Mr. E. G. W. WOOD: Unless the hon. member for Maryborough is willing to pay Mr. P. Wood: Motorways are recognised more in registration fees he should leave this overseas. problem with the Main Roads Department. Mr. E. G. W. WOOD: That is not the point This is an opportunity for each member I raise. I do not doubt that it is a recognised to push his own barrow. So far as I am term overseas. The Minister outlined various concerned t~e squeaky wheel gets the oil, and I a.rn gomg to yell very loudly. I apprec­ regulations that he proposes to attach to iate, of course, the difficulties under which this new concept of roads, whether such the Minister labours. For instance, the Cleve­ roads are to be constructed now or in the land railway line was closed, and with a future or are only being designed. Because great deal of foresight the Government and this type of road is to have a different set of the Redland Shire Council saw that that regulations, it must have a different designa­ roadway was reserved as a council reserve, tion. It is now being given the designation and thus we are in the position that we can "motorway", whether the construction of ultimately construct a freeway into Brisbane motorways will take place now or in 20 to connect with the eastern freeway at years' time. At this stage motorways must Tingalpa. That, too, will take the strain off have a designation of their own if they are to the Belmont Road but it does not actually have a different set of regulations applying solve the problem until we get to the Rickett to them. I do not make any play on the Road bridge, which connects with Rickett word "motorway", or whatever a road of Road and proceeds through Tingalpa. this type may be termed. A motorway will I have frequently pointed out to the be a step above a highway. We have the Minister that between Belmont and Capalaba "main road" and the "highway", and now there is not one section of the road on which the "motorway". 2732 Main Roads Acts [ASSEMBLY] Amendment Bill

I should like to deal generally with the to indulge in a hymn of hate against Bris­ subject of main roads. What is propos~ bane. He seems to imagine that he is with the kerbing and channelling of mam the last of the authentic hillbillies in this roads is a big concession to the local Chamber. He has a number of pet hates authority. It will be realised that local and he virtually goes into a routine, no authorities, particularly developing local matter what the legislation is. authorities, have been in difficulty because of Mr. P. Wood: You are taking him too the debenture-loan position. The limit of seriously. $300,000 a year will not cope with the situation in which local authorities find them­ Mr. PORTER: I was interested in the com­ selves. It is pleasing indeed to hear that the ments of the hon. member for Toowoomba Main Roads Department will be taking over East, which I would like to take seriously, the responsibility of kerbing main roads but he displayed towards this measure a within local authority areas, and that councils churlish attitude which seems to be becoming will be allowed to treat this financial assist­ an unfortunate characteristic of his. ance as a loan in addition to their debenture Mr. P. Wood: Tell me what was churlish. loans, to be paid back over the years. Mr. PORTER: It is very easy to be destruc­ There are many things for which I have tively critical without offering anything in to thank the Minister for Main Roads. I the way of constructive advice. shall do that right now, in the hope that I will get something else in the future. I thank Mr. P. Wood: Can you tell me where I him particularly for his efforts in the Slack's was churlish? Creek area in putting the service roads Mr. PORTER: I will if the hon. member through. I thank him very much also for will wait a moment and keep his voice down. the effort he made around Beenleigh. Of all The suggestion that this measure classifying people, I have everything to thank him for a new class of road as motorways is to because of the money he spent in that section be condemned because we will not have of my electorate. In the mining areas of motorways in the same category as those Stradbroke Island he is spending money to that exists in other countries of the world provide us with a very vital road from is a useless contribution to this debate. Dunwich to Point Lookout. He is also widening the roads in the Redlands area. Mr. P. WOOD: I rise to a point of order. The hon. member said that I condemned I am quite satisfied with the main roads the legislation. I did not. in my area, although I want a lot more done. I should like the Minister to keep par­ The CHAIRMAN: The hon. member for ticularly in mind Belmont Road and, above Toowong. all, the construction of the Rickertt Road Mr. PORTER: I am happy to accept bridge to provide direct access from Thorn­ the point of order if I have misinterpreted side to Brisbane and to remove the strain the hon. member's comments. However, he on Belmont Road to Wynnum Road. I was somewhat critical of the use of the really have four access roads to Brisbane term "motorways" in this legislation, and from my electorate, so main roads are of related his criticism to motorways as they vital importance to me. I would say that exist in other parts of the world. It is quite the shires in my district are satisfied, too. true that many other countries have magnifi­ Advertising on main roads is a matter for cent motorways but they also have vast popu­ lations to support them. The hon. member the shires. A licence is granted by the shire. for Toowoomba East did not devote one As I understand the by-laws and the Act, any syllable to suggesting how, in any constructive notice that can be read from the main road fashion, we would build the type of road must be the subject of a shire licence. systems he would accept as deserving the term "motorways". Mr. P. Wood: Does your shire allow it? The hon. member for Mackenzie expressed Mr. E. G. W. WOOD: My shire inspects a view dissident to that of his Minister but, every sign on every site. Some signs have had of course, he obviously has views regarding to be taken down. We have had them shifted his own electorate, which he forcibly from corner sites. We are particularly careful expressed, and I do not think anyone thinks about signs. We have to be because the any the less of him for that. Main Roads Department has said that it will The Bill recognises that changes in the not allow a multiplicity of signs on its roads. Main Roads Act are needed in order to It is a Main Roads Department principle and overcome smoothly the continuing transition we have abided by it. of our motorway system in this modern age. There is a recognition of urban arterial and I commend the Bill. urban subarterial roads and then, of course, Mr. PORTER (Toowong) (5.20 p.m.): As there is the creation of an urban road trust the hon. member for Logan pointed out this fund, which is a very good move. debate has broadened into a very free-ranging The provision which seems to have one. The hon. member for Townsville South attracted most attention is the move to pro­ certainly widened it when he used it merely vide for the proclamation of motorways. Main Roads Acts (2 APRIL] Amendment Bill 2733

I heartily support it. It is an excellent we should look for the solution of traffic move. Since this has become a free-ranging problems not merely in concentrating on how debate, perhaps it gives me an opportunity best to move vehicles but on how best to to advocate once again what I have advocated solve the problems of people living in cities. here previously, and in other places. I I think that merely to consider traffic prob­ think the Act demonstrates the duality with lems in isolation, without considering the which we are approaching this great problem requirements of city planning, is to defeat of how best to cope with urban traffic. our own purpose before we start. Because In Queensland we tend to split the various this Bill takes us a step foward in this factors that are involved in coping with direction I welcome it, but I hope that it twentieth-century civilisation's greatest will, in time, lead us forward to fuller con­ scourge, namely, the toll of the road. sideration of the need for one unifying President Johnson has called it the "raging effective authority. epidemic". I think about 1,000 persons a This is done in other places. We might week die on the roads in the United States. well consider establishing in Queensland, at As the Australian record is unfortunately some relatively close point of time, a stat­ relatively worse than the American record, utory planning authority. I would like to and Queensland's record is not a good one see this preferably as part of an over-all to boast about in Australia, without doubt system for comprehensive town and regional we are involved in a traffic war. In trying planning which has been advanced quite to cope with it we have responsibility shared often by many hon. members. I should like by too many departments that should be to see built up for a start a statutory plan­ co-ordinated. ning authority for what I refer to as the south-east complex, which is that urban In a paper presented at the third Pacific area extending from the near North Coast regional meeting of the International Road out to Ipswich, to Brisbane, and down to Federation last February, the School of the border of New South Wales. Such Traffic Engineering, and the Institute of an authority would of course comprise repre­ Highway and Traffic Research, University sentatives of police, Main Roads, Transport, of New South Wales, made what I think the Treasury and the local authorities con­ are some very good points. It said that we cerned. I think, too, that in Brisbane, or need a total traffic war. It then pointed in this complex, we have to consider the out- establishment of a transport authority quite "Wars cannot be won by gusts of apart from the planning authority. It would emotion. And neither can safety on the operate a number of services such as buses road be improved by moral exhortations and ferries and would also determine fran­ or fear. chise conditions for other operators. In "Because they look easy and cheap, other words, we must get together to co­ attempts to alter the behaviour of drivers ordinate in far-reaching, forward planning have a superficial attraction. But, in all those factors that currently are spread the short-run anyway, the traffic engineer, between a number of people. the highway engineer, the vehicle designer In this regard I refer to Victoria which and the lawmaker (which I presume is us) is already a long way ahead in this direction. will have to take the road user as he is. In Victoria there is a Co-ordinator of Trans­ "Difficult though it might be, it is easier port. I understand he is permanent head to fit the system to the vagaries and limi­ of the Department of Transport. He has tations of humanity than to change the an over-riding authority in the improved human race to fit the system." development and better co-ordination of rail, I think that the point for us to remember­ tram, road and air transport in the whole and I have advocated this before in other of the State. If we can consider setting up this speeches in this Chamber-is that in most type of statutory authority and providing as other States and in most other parts of the head of it an office of Co-ordinator the world the system of planning for traffic of Transport we will go a long way towards control, which involves all the problems dealing substantially with a problem that of highway planning and so on, is placed the electorate at large wants us to cope as far as possible under one single authority. with in a realistic and useful manner. The Here in Queensland, of course, we have Bill takes us a good step forward in the parts of it with the Police, parts with direction in which we want to go. I Main Roads, parts with Traffic, parts with commend the Minister for introducing it, Transport, and a very substantial part with and promise it my full support. the local authority. I would say that a study of the patterns of policy in this Mr. TUCKER (Townsville North) (5.30 regard in other States makes it very clear p.m.): I listened to the brave words of the that the responsibility for over-all city plan­ Minister on the provision, at some time in ning, that is, town planning, is closely tied the future, of motorways in this State. I up with the planning of urban transport, and also listened to the peculiar argument put that the two things should properly be taken forward by the hon. member for Wavell that, together and should come under one auth­ in his opinion, the City of Brisbane is not ority. I agree with the hon. member for receiving its fair share of money and works Toowoomba East-he may be surprised that compared with what is being received by I agree with him-that without a doubt the rest of Queensland. I must say that I there is, in this, a growing requirement that do not subscribe to that argument. 2734 Main Roads Acts [ASSEMBLY] Amendment Bill

I rather sympathise with the Minister and the section of the northern highway between his department in their problem of finding Rockhampton and Mackay. Any hon. mem­ funds for work throughout the whole of ber who has travelled over that road in the Queensland. However, I believe that he and past few months will know what I am talking his department have been put in their present about. situation by the short-sightedness of the I think I may be pardoned for being a Government in closing many of the railways little bit sarcastic about the talk of motor­ of the State, especially the rail connection ways when that section of the northern between the metropolit,an area of Brisbane highway is so dangerous, because of broken and the Gold Coast. Another example of edaes and so on that it will take only one short-sightednes.s was abandoning the electri­ ea; s~fely. Eve~ if one is travelling at a fication of Brisbane's suburban railways. speed lower than the speed limit, one faces Such policies have today contributed to the danger in meeting another car or a. heavy constant piling up of traffic on the roads vehicle on that section of the Bruce Highway. and the demand for the provision, at tre­ Surely it is our business to see that roads such me.ndous cost, of wider roads. as that are safe before we begin thinking Let us consider for a moment transport of anything bigger and better, although I between Brisbane and the Gold Coast. If agree that, if possible, motorways should be there had been one statesman on the Govern­ built later. ment benches, he would have seen that the I have travelled over the Bruce Highway electrification of the railways and the pro­ many times in the past few weeks and have vision of fast, clean transport between seen what the weather has done to it. I Brisbane and the Gold Coast would attract repeat that in many places i.t is s:;fe for a tremendous volume of traffic. If such only one vehicle to ~ravel on It,, particularly facilities had been offered, they would have if it is a heavy vehicle. A dnver may be recaptured a large portion of the traffic travelling legitimately at 50 miles an hour in which presently goes to the South Coast by his vehicle when another vehicle comes over bus and private motor car. The Minister a rise. He is forced to put two wheels of has had to provide a four-lane highway to his vehicle over the raw edges into the pot­ the South Coast to give motor-car:s and holes at the side of the roadway. It is a heavy transport room to manoeuvre. This frightening experience, and frequently drive!s has necessitated the spending of millions of try to reduce speed to ensure that there will dollars, which expense could have been not be a bad accident. avoided if the Minister for Transport had had the foresight to provide clean and fast I wish to be reasonable and responsible in rail services to the South Coast. my attitude. I believe that the Main Roads Department has tried very hard to overcom,e If the electrification of Brisbane's the problem in some sections of the roaa; suburban railways had been proceeded with, but there are many hundreds and hundreds thousands, and even millions, of passengers of miles of the Bruce Highway that are would now be carried profitably by rail, just crying out for maintenance and widening. as they are in Sydney and many other cities. There has been a great deal of talk about Today Brisbane people have to use buses the toll of the road and I believe that bad and other means of road transport to get roads contribute gr~atly to road accidents. them to their places of employment, which It is all very well to talk about breathalysers, has forced the Main Roads Department to drunken driving, and other things-they all make efforts to provide the necessary make a contribution to the road toll, I know carriageways in the capital city and its -but it should be understood by everyone environs. A similar situation is developing that bad roads undoubtedly contribute greatly elsewhere in Queensland, although at present to the accident rate. it has not reached the proportions that it has in Brisbane. Mr. R. Jones: About 29 per cent. The Minister and his department, with only Mr. TUCKER: That is right, and possibly a limited amount of money to eke out over more than that. the whole of Queensland, find themselves, One of the first things we should do is get in trying to give everybody a "fair go", on with the job not of building motorways saddled with such expenses and unable to but of maintaining the paved highways that do what they want to do. have been laid down over the length and I believe that, as the hon. member for breadth of Queensland for many years and Toowong said, motorways will come in the are now being torn to pieces by the heavy future. It will probably be a long way in vehicles that are using them. I understand the future, too, because at present there is that the Minister for Transport called not even a proper paved way from Brisbane tenders recently for additional buses to travel to Cairns. The road between Brisbane and to North Queensland. That is another Cairns is paved, but some sections of it are example of the very thing about which I am very dangerous. Before we speak about speaking. The railways can do a good job, motorways in the Brisbane metropolitan area, and the airways also carry many passengers. we should give attention to those sections of Although I have no real argument against the main roads of the State that are crying competition, I point out to the Committee out for maintenance. I refer particularly to that the Bruce Highway is not capable of Main Roads Acts [2 APRIL] Amendment Bill 2735 carrying the loads that are being thrust on it. break up and are patched, but they become a The Minister may not agree with me in this real danger to traffic and a worry to the Chamber, but I am sure he would if we people who have to use them. were speaking privately. The heavy vehicles Reference was made by the hon. member are tearing the road edges, breaking up the for Townsville South to the fact that anyone roads and putting pot-holes in them, and who is travelling at 60 miles an hour on our maintenance becomes a very big problem in northern roads is a slow-coach and that many many areas of the State, especially in the people will pass him travelling at 70 miles North. an hour. The hon. member for Townsville It is peculiar to see one department South obviously defeated his own argument, struggling to do something about maintaining because if he is able to drive at 60 miles an our roads and another department completely hour and people are passing him at 70 miles unaware of what it is doing and contributing an hour, the road on which he is travelling to the break-up of those roads by pushing must indeed be fairly good. I should say further heavy vehicles onto them. These that many of our roads are such that no-one roads are not built to take the type and size can travel over them at such speeds. If of vehicle that is traversing them. anyone did he would be an utter lunatic. As I say, the' hon. member defeated his own My contribution this afternoon is not all argument. There may be short stretches of criticism. It might be inferred that we are road on which one might be able to travel levelling our criticism at the Main Roads at that speed, but many stretches do not Department and its officers, and all those who lend themselves to it. As I say, anyone who work for the department. That is not so. travelled so fast on them would be a com­ I believe they are doing a tremendous job plete and utter lunatic. for Queensland with the money that has I mentioned to the Minister some time been allocated to them. If one has been a"'O that it had come to my notice t?at allocated $2,000,000 one can only do there was a possibility of roads works bemg $2,000,000 worth of work, not $3,000,000 cut back in the northern part of the State or $4,000,000 worth. So, in fact, the Main because of a lack of funds. I wrote him a Roads Department is restricted in what it letter of protest. I was very pleased to can do. I have a tremendous admiration for receive from him a reply that there would Mr. Barton, the Commissioner, and for the be no lack of funds, and that maintenance offi.cers under him. They work to the very work and new work would continue. Such best of their ability in putting to good use work is vital to the northern part of the the money presently available to the depart­ State. I did not want to see any men lost ment for maintenance and new work through­ from the day-labour force, which has proved out the State. that it can do a fine job in our area. The In the Townsville area we have an engineer Main Roads Department day-labour force named Doug Tweddell. He is very approach­ is a body of very skilful men who are able able and does his best in using the money to construct roads in the North equal to available to maintain the present roads and those anywhere in Queensland. It is for that to construct new roads in the area. I refer reason that I do not want to see the day­ also to the Main Roads foremen. They are labour force reduced. the practical men who go onto projected It is the Government's policy to let out road sites and finally form the roads. I have some of the road-construction work on con­ a very good example of this from the gates tract. For example, some of the beef roads of my home towards Ingham, where a new that are now beginning to extend out from road which is indeed a beautiful road has Townsville to the western areas were let out been constructed. It does not go far enough, on contract. I should like to see all of this but what has been done is first-class. A road work done by the day-labour force. I do to the Upper Ross River area has also been not think it was ever the previous Govern­ constructed, by another Main Roads foreman, ment's intention to let that work out on and this also was a first-class job. I went contract, but I know that that is this out after it was finished and looked at what Government's policy. I ask that the day­ had been done, and I was full of admiration labour force be retained. Very often the for the skill of these men. This skill is construction work that is required does not amply demonstrated everywhere in Towns­ attract contractors and has to be done by ville. the Main Roads Department through its As one approaches the city from the race­ foremen and day-labour force. It is very course down towards the Ross River bridge necessary that we retain these men, who have where the Ross River meatworks are situated, the necessary knowledge and skill to do a one sees an example of how roads break good job. up under heavy traffic and also following I can speak only for the northern division, bad weather conditions such as obtained in but I assume that what I say would apply the early part of this year, when we had equally to the rest of the State. The northern abnormally heavy rains. I can understand division is very fortunate in having the that at times these problems are forced on services of the Main Roads Department us because of seasonal abnormalities. Roads officers who are stationed in that area. 2736 Main Roads Acts [ASSEMBLY] Amendment Bill

Every one of them is a very loyal, hard­ can be undertaken. If we proclaim a motor­ working, skilful public servant with the good way and get all these things done, surely the of the area at heart. I would not for a Minister and his department would upgrade moment reflect on one of them. I do not the construction of the road, otherwise I think that it would be the intention of the would agree with the hon. member for Opposition to reflect on the ability of any of Toowoomba East that it should not be classed the officers of the Main Roads Department. as a motorway. The only frustrating part of the whole When we see the magnificent motorways business is that the Minister has only limited in other countries throughout the world we funds. I say again that this has been brought recognise that Australia-and this State in about by the short-sighted policy of his own particular-must seize the opportunity to Government in ripping up railway lines. Had provide similar motorways throughout its the Government shown foresight, the neces­ length and breadth. sary knowledge and a statesmanlike attitude, Speaking specifically now about signs on railway lines would not have been closed the road, I completely agree with the policy and the Minister would not have found him­ of the Main Roads Department on their self in his present difficulty. removal. We in the local authority in Rock­ hampton have adhered to the policy but it Mr. PILBEAM (Rockhampton South) is a little disturbing to find that it is not (5.48 p.m.): I rise to support the Minister in adhered to by the Railway Department. The his presentation of this measure which Bruce Highway in part runs parallel to the recognises just how deeply we hav~ moved railway line. We have removed signs from into the motor age. I realise the necessity the roadway, and it is somewhat disturbing to provide new types of roads for the ever­ to find that the signs are put over the fence, increasing number of cars and greater use on railway property, in more or less the same of roads. position. They are put on railway land. It I certainly support a measure which allows seems that the Railway Department does not the Main ~oads Department to proclaim abide by the policy. I know that part of rail­ urban artenal roads and urban subarterial way finance is derived from advertising space, roads and motorways. I do not subscribe to but as this department does not allow road the remarks of the Leader of the Opposition signs some effort should be made to get the that these will place a burden on local co-operation of the Railway Department to authorities. The effect will be quite the ensure that signs are not put over the fence, reverse. These roads will probably be taken just off the highway, in very much the same almost entirely from the control of local position. authorities. As the Minister has indicated the I listened with great interest to the remarks cost of constructing the urban arterial ~oad of various hon. members, some advocating and the motorway will be entirely a charge that more money be spent on roads in the on the Main Roads Department, and up city, and a great many advocating that more to 50 per cent. of the cost of the subarterial money be spent in the country. I recognise ro.ad will be met by that department. That the necessity to upgrade the streets in will take a substantial burden off the Brisbane. If we are to have a capital city shoulders ?f the local authority. I suggest worthy of the State of Queensland the streets that at this stage all the roads will be in must be of a certain standard. the City of Brisbane. Therefore I do not This measure is necessary to ensure that share ~~e apprehension of the Leader of the better roads are brought into being. I com­ Opposition ~~out a burden being imposed on mend the Government upon its implementa­ lo.cal authontres. As I say, what is proposed tion of the Wilbur Smith Report. Far from will take some part of the burden off the loading the local authority, the Government shoulders of local authorities. has been fairly generous in its financial con­ . I recognise the necessity to put the horse tribution towards implementation of this m front of the cart. The hon. member for report. However, I am a little concerned !oowoomba East was inclined to put the cart because this policy has not been applied to m front of the horse when he said that we the same extent outside the City of Brisbane. must have motorways built before they are In recognising that we are now in the proclaimed motorways. I do not care whether motor age and the road age, we should a motorway is proclaimed where no road realise the need to build a first-class system exis~s or whether we include some part of of bitumen highways throughout the State. If a highway; certain things have to be done we are to do so we must adopt a different before a motorway can be constructed. The approach to the problem. I have spoken Minister has clearly indicated that if a about this matter on other occasions. I sympathise with the Minister when I say that highway with parking provisions is ~ade a there is no chance of providing out of income motorway, the parking provisions must be the necessary capital for this massive under­ eliminated, and roads cutting it at right angles taking. I know of no massive undertaking of may be closed. Certainly, signs have to be a like nature that has been provided for other taken ~ff the road, if there are any signs, than through the medium of loans. Looking before It can be proclaimed. Any integrated at the local government field, what chance city services will have to be removed. All in the world would a city the size of Rock­ these matters must be carried out before hampton have of financing a $6,000,000 water improvements in the standard of construction augmentation scheme from revenue. None Main Roads Acts [2 APRIL) Amendment Bill 2737 at all! We would have had to do without been taken when the Wilbur Smith Report water for 40 years. Even in a smaller field, was first contemplated, it would have been what chance has a young person, just starting possible for the Main Roads Department off in married life, of acquiring a home and a to act as the constructing authority and, refrigerator or any of the other modern by virtue of the Public Works Land necessities unless he gets them on hire­ Resumption Act in conjunction with the purchase or is allowed to repay the amount Main Roads Acts, to be the resuming over 40 years? authority for the purpose of the Wilbur The benefits and development that would Smith plan. Because that was not possible, result from the immediate construction of as it was not considered wise to declare a first-class highway through the State surely all those roads as main roads, it was neces­ justify the introduction of a change of sary to invoke the provisions of the State policy. I am quite sure that interest and Development and Public Works Organisation redemption payments on a highway system Act, and the Co-ordinator-Genera] acted as throughout the length and breadth of the the resuming authority. I suggest now, of State would not exceed the amount being course, that it would be quite appropriate spent on constructing gravel roads and patch­ for the Main Roads Department, acting under ing up and repairing substandard roads. I the provisions of its own Act and invoking have proved that inside the city boundary the Land Acquisition Act, to become the of Rockhampton, and I think that the same constructing authority and to resume the would apply here. A bold step, a change land. in policy, and the introduction of fresh legislation are required. If we want to I should like at this stage to pay a tribute decentralise the development of this State to the Main Roads Department. I believe we must provide a highway system now and that this department has done a tremendous pay for it later. I am sure that the tre­ job in Queensland. With the encouragement mendous amount of capital involved in the of the Government's policies since 1957, implementation of the Wilbur Smith plan the work that has been undertaken and will prevent the raising of the capital required completed has been of a magnitude never to build highways throughout the State. before witnessed in Queensland. This State is particularly fortunate in having the ser­ I have heard speakers push their own vices of an officer of the calibre of Mr. areas. I have had a look at Central Queens­ Barton, the present Commissioner of Main land and I say that with the limited means Roads. Queensland needs more such men at their disposal the Minister and the depart­ to expedite its development. ment have done a good job compared with that done by the Labuur Government. When Naturally, costs and capital will always we took office nine years ago the bitumen constitute a burning issue in a fast-develop­ on the Capricorn Highway extended 30 miles ing State such as Queensland. Of course, from Rockhampton to Westwood; now it the garment has to be cut in accordance extends 180 miles to Emerald. It extends with the cloth. I feel sure that the Minister from Longreach to Barcaldine and some and Mr. Barton could do with many more of the intervening parts are constructed. Bit­ millions of dollars to execute much of the umen on the road west from Townsville work that they would like to see carried goes almost as far as Hughenden and soon out. But the Main Roads Department is it will reach Hughenden. That is tremendous only one part of Government administra­ development. tion. Education and other matters require I am not complaining about what has critical attention in terms of capital require­ been done. When I suggest the construction ment, and there is just so much finance of a highway system throughout the State available that can be devoted to main roads. I suggest that we do the whole job; we should not do it piecemeal, a little this I am not prepared to argue the claims year and a little next year. The State of Brisbane against the rest of the State, must eventually come to this. I suggest because I believe that when one looks at that we borrow the money to do the whole Brisbane alone one must look at it in rela­ job and pay for it afterwards. If we do, tion to the South-ea;st Queensland complex. it will be the most important step we have Brisbane is equally dependent upon an taken to decentralise the development of adequate road system in its environs as Queensland. those people who live in close proximity to Brisbane are dependent on those roads to [Sitting suspended from 6 to 7.15 p.m.] go to the city. I therefore do not believe that it is possible to look at the paper boundaries l'\lr. UCK!SS (Mt. Coot-tha) (7.15 p.m.): of Greater Brisbane and say, "We are not r believe that when we deal with legisla­ spending as much as we might inside these tion in this place, we should do so first boundaries". I feel sure that the Com­

Let me turn now to the question of when a main road is situated in the metro­ planning. My colleague the hon. member politan area. The matter will be discussed for Toowong mentioned a matter that I in much greater detail at a later stage, but and other hon. members have raised many that is one of the instances in which I times before in this Chamber-the need for should like to see the Main Roads Depart­ town and regional planning in the State. ment play a more prominent role than it has Let me take a region-say, the South-east in the past in the planning and supervision of Queensland complex-and try to make the construction. Surely in any built-up area, Committee understand how necessary it is provincial city or town adequate detail to plan it adequately in terms of water sup­ surveys would be available charting the ply, electricity, a system of roads, road trans­ services-water, gas, and so on--so that a port, and so on. I believe that this will be planning authority, particularly a Govern­ most revealing to people who have considered ment planning authority, would have all the the desirability of this in the past and the information it needed for its task. Again important role that town and regional I believe that the people could be assured planning play. I doubt whether they have of getting a better job done if the Main considered the assistance that town and Roads Department could devote a little more regional planning could give to a depart­ time to planning and construction of main ment such as the Main Roads Department, roads within the metropolitan area of which at present, I suggest, often has to plan Brisbane. in isolation. There is one matter that I raise in con­ Many of these regions have not been nection with roads, particularly the legal planned for the future. Their future water status of roads. It will be recalled that I requirements have not been planned, for mentioned this matter in connection with example. Consequently, in determining the City Square legislation. At that time the where a road shall or shall not go, other then Minister for Lands said that it was very information that is quite pertinent to that difficult to close a road, and when I men­ decision has not been supplied. There may tioned that we would probably have to close, be mistakes-costly mistakes-and the State or vary, a number of roads, particularly as can ill afford the luxury of not planning its a result of the Wilbur Smith plan, it was future. I hope that hon. members on both more or less intimated that this would have sides of the Chamber will go out and be to be done on each occasion by an Act of strong advocates for town and regional Parliament. I make a plea tonight for a planning in Queensland. This is the only roads Act for Queensland, and I am going to State in Australia that does not so plan. divorce from the actual construction and Town and regional planning is long overdue, and time is running out. maintenance of our roads this particular facet, which deals with legal procedures Hono members opposite would expect me associated with the opening and closing of to make some comment relative to the roads. Brisbane City Council, and the hon. member for Belmont will not be disappointed in his The present system is cumbersome, and I expectation. All I propose to say is that, suggest most unwise-it is bordering on where there is large capital expenditure on stupidity-that each time we want to close a a main roads system or any system that road and some person objects, it cannot be comes under the control of the Main Roads closed unless we pass an Act of Parliament. Department, I should like to see the Main In other, more enlightened, States, roads are Roads Department play a far more active closed and opened in accordance with the role in the planning and supervision of its common good. No individual is deprived of construction. his right to object, but the objections, taken If I may, I should like to raise a local singly or collectively, are examined and the problem that does touch on the work of the matter is determined in the interests of the Main Roads Department. Moggill Road is common good. If it is felt that in the public a main road. The Main Roads Department interest a road should be closed, it is legally endorsed an approval by the council to assist closed. in finding a solution for a traffic problem Mr. Houston interjected. in Moggill Road fronting the Presbyterian Church. Church people in my electorate Mr. LICKISS: For the information of the have been very disappointed to find, after Leader of the Opposition, roads can be constructing a very fine church, that the council has withdrawn approval for the closed temporarily, I believe, under the Local access road. The story currently being spread Government Act, permanently under the is that, Moggi!l Road being a main road, the provisions of the Main Roads Act as we see Main Roads Department has agreed with the now, under the Railways Act in certain council on the withdrawal of approval. circumstances, and predominantly under the Mr. Houston: That is right. Land Acts. We have heard in relation to the Land Acts just how difficult it was to close a Mr. LICKISS: The inquiries that I have road and how reluctant the authorities were made indicate that it is not correct. It is to do so. only that the Main Roads Department usually leans towards the council for advice Mr. Houston: They can still do it. Main Roads Acts [2 APRIL] Amendment Bill 2739

Mr. UCKISS: If they can still do it, we The Minister has another problem with have survived for 100 years and I suppose in roads. I refer to maintenance. For every that time we have closed roads. mile of road he constructs he has the added problem of cost of maintenance. As the All I am asking is for a common-sense and road system increases so does the Minister's practical approach to the legal opening and maintenance problem. I believe that indi­ closing of roads. I know that many roads vidual Government members do dictate to can be opened on plan-they become dedi­ a certain extent where and when certain cated on an authorised and registered roadworks will be carried out. The Minister survey plan-but it is ever so much ,and his departmental officers would not better if a road is advertised as being always be in agreement about the work that opened. However, I am not really as con­ was done. cerned about the opening of roads as I am When the Australian Labour Party was in about their closure. There must be a set Government it foresaw the future pattern procedure by the department and other of traffic in the City of Brisbane and the authorities to legally close a road, not in a surrounding area. The facts are that plans manner that would jeopardise any individual's were in hand for the widening of the road rights but so that the interests of the common at Goodna, that it proposed the elimination good shall be best served at all times. This of the underpass at Rocklea and had resumed is just part and parcel of what I suggest land at South Brisbane for the construction should be a sensible administrative measure. of a railway bridge, which are all indica­ tions of the attitude of the A.L.P. Govern­ I listened with a great deal of interest to ment. In my own area at Nudgee provision the Deputy Leader of the Opposition, and I was made for the realignment of Sandgate was rather surprised to hear him say that we Road, which is becoming so very important should have electrified the Southport railway today. line. I think he would know full well that If the Minister for Main Roads had been at the time of the closing of that line it given a free rein perhaps he would have would have needed major rehabilitation and organised the construction of main roads it was doubtful whether its location would forming the Bruce Highway on a different have adequately suited the requirements of a pattern from that on which they are being fast service. I hope that in the years to come constructed at this stage. To illustrate that appropriate railway communication between point I have only to remind hon. members the capital city and the Gold Coast city will of the bottle-necks at Virginia and Cherm­ eventuate, but when it does come it should side. The hon. member for Wavell has be properly planned and properly con­ dealt with the problem at Chermside structed, and only after the economics of where the traffic converges into one lane just beyond the Chermside tram terminus, such a line have been completely established. thus causing considerable congestion and I commend the Bill. I believe that many confusion in the evening peak hours. of the requirements that have been necessary There is a particularly bad situation in Sand­ in the past have been met by this proposed gate Road from 4 p.m. onwards every day. legislation. I hope that, rather than being At that time of the day there are four lanes critical of the Main Roads Department, we of traffic converging into one lane, extending get behind the department and encourage from Virginia to the Hornibrook Highway. There are two lanes of traffic from the city it to get on with the job. We should and two lanes from the Hamilton area along congratulate it for a job well done and I Toombul Road. From 4 o'clock onwards look forward to more capital being provided there is complete congestion in this area. If for its work, which is so necessary and vital our main roads policy was directed towards in the future development of Queensland. getting traffic gradually out of the city, it would serve a much more useful purpose. Mr. MELLOY (Nudgee) (7.30 p.m.): I do As traffic leaves Brisbane it gradually dis­ not altogether envy the Minister in his perses, and the idea should be to provide efforts to extricate himself from the dilemma four-lane highways in areas immediately in which he finds himself with the State's adjacent to the city. To the north of Brisbane main roads system, not that I think his the two main outlets, Gympie Road and dilemma is a personal or technical one. Far Sandgate Road, carry only two lanes of be it from me to suggest that it is a tech­ traffic in contrast with the highway on the nical one because he has departmental officers southern side of the city which is a first-class at hi~ disposal who are very thorough, very highway from Brisbane to Southport. expenenced and very capable men. I think he would be well advised by his depart­ Mr. Carey: That is very good. mental officers. I believe that his dilemma is a political one and that he suffers as Mr. MELLOY: I will come to that in a a result of the policy and attitude of his minute. Government towards road construction. The There is a good highway from Brisbane to many bottle-necks along the North Coast road Ipswich. The road from Brisbane to South­ make it quite evident that individual hon. port to a large extent carries pleasure traffic members have brought pressure to bear on although there is certainly some commercial the Government to provide good roads in traffic. their electorates. Mr. Carey: That is not completely right. 2740 Main Roads Acts [ASSEMBLY] Amendment Bill

Mr. MELLOY: If it is not completely right Nambour. On the outskirts of Brisban~--on it is not completely wrong. Gympie Road and Sandgate Road-smgle­ When we consider the use to which the lane highways exist. They create o~e <;>f the Brisbane-Southport road is put we realise that worst bottle-necks we have. One thm !me of it was built for the convenience of the tourist traffic proceeds to the Maroochydore turn-off, traffic, and the convenience of the individual and then the speed is incr~ased, but, once t~e motorist. It was also built because the Gov­ traffic reaches Nambour, It must form agam ernment foolishly closed the Brisbane-South­ into one lane, and this creates another .bottle­ port railway line. The hon. member for neck. These bottle-necks are !lot m the Albert should agree with me because he interests of good transport. Whtle we have fought strenuously against its closure. He such olanning, some sections of our roadway must condemn the Government for its action. w.ill b-e damaged severely, involving ~he Main Roads Department in heavy mamtenance In planning for the City of Brisbane appar­ costs. ently the Government is to fall back on the Wilbur Smith Report. As has been pointed The lighting on motorways in the metro­ out on several occasions, in 10 years' time politan area is an importa!lt factor. I .am the provisions of the Wilbur Smith Report constrained to ask who will be responstble will not cater adequately for the traffic of for the provision of this lighting. At the Brisbane. This can lead only to great con­ speeds of vehicles that ~ill .travel. on these fusion in the city. The city needs a series roads, ordinary str~et hghtmg Will n?t be of roads on which traffic through and into suitable. There Will have to be bnghter Brisbane can be diffused. Motorways will lighting than is !low provided, a?d such a make it much easier for traffic to come into ]iahting svstem will have to be mamtenance~. the city, thereby adding to the present con­ Is" this to be the responsibility of the Mam gestion. Without highways providing a Roads Department or the local authority? certain amount of diffusion of traffic the Wilbur Smith Report will not be in the Mr. Pilbeam: The local authority. interests of the City of Brisbane. Mr. MELLOY: I think local authorities Mr. Ramsden: You would support my have enough responsibility for main roads tunnel, then, wouldn't you? now. Only last year the Gover~ment dumped upon the Brisban~ City. Council the respon­ Mr. MELLOY: I would not go as far as sibility for certau~ mam r

at any time to depart from the present in mind, and I should say that an attempt divisional method of development. As long should be made to preserve equity between as there are the northern, central and the divisions. southern divisions, at least every year each division receives some value in main roads Hon. members have mentioned also the construction, and I wish to see that practice Jack of co-ordination in policy. While the continued. Main Roads Department is opposing the erection of roadside signs, the Railway Grandiose schemes have been proposed Department is allowing the erection of signs before. They are idealistic, and indeed on its property. A lack of co-ordination in worthy. I can remember that in the 1950's, other instances has been mentioned. It is when I was conducting Adult Education rather surprising to find that, as a result classes, a plan was put up advocating road of legislation in this Chamber, a certain construction in Australia, the theme being, "We must spend £150,000,000-Now." That amount of responsibility for traffic matters is indeed a phenomenal amount and, whilst has been passed over to local authorities. such a plan is entirely desirable, is it Only today there has been a complaint from realistic? That is the point that has to be the inspector of police in charge of traffic faced. If we could obtain a loan of the control that there is no co-ordination between amount envisaged by the hon. member for local authorities and the traffic branch of the Rockhampton South and those who put department. He said that his branch learns forward that idea more than a decade ago, by hearsay or from Press announcements we would certainly be very fortunate. I the results of work done by the councils cannot see even the possibility of such a loan. on the recommendation of traffic engineers; I am, however, very sincere in my support it never hears these things by direct com­ of divisional programmes. munication. Surely that is an aspect of Government administration that should be As the hon. member for Rockhampton investigated by the relevant Ministers. South mentioned, decentralisation is a very important factor; but even in the field of It is disgraceful that a man should have decentralisation I advocate that certain pri­ to come forward at a public function and orities be laid down. There has been a criticise lack of co-ordination of that type. I failure in this State up to the present to make believe that the Government should take a significant contribution to decentralisation, the matter in hand immediately. If the local in that there is still no bitumen road from authorities in this State are at fault, they Rockhampton to the West or from Towns­ should be asked to co-operate and to ville to the West. In my opinion, these are co-ordinate their activities with those of the two projects that should have priority. The traffic branch. If the traffic branch is at South and South-west of Queensland are fault, those who are involved ought to be well served by two highways, and I advocate given the message. that the divisional programme should not be departed from and that the Government In my opinion, all these matters are impor­ should move with the greatest celerity to tant. One must look at the State as a whole, link the West with the coast. certainly; but the very size of the State makes it virtually impossible to adopt an over-all What have hon. members been saying plan. I appreciate what the hon. member in this debate? They have been speaking for Mackenzie said. I know that at times he about roads into the cities and roads out of has looked askance at the Capricorn Highway the cities. It is important to remember where and said, "They are getting a pretty good the cities are. Apart from Mt. Isa, which thing out there." I appreciate what has been has developed because of the mining carried been done in the past and what is going on out there, Warwick, which has been classified at present. However, like any other member as a city, and Toowoomba, which is a city of representing his electorate and having in long standing, all Queensland's cities are on mind furthering the interests of Central the coast. Can any hon. member forecast Queensland, I say that the work is not being or prophesy which town in the inland of done fast enough. this State will become a city in the future, unless some great mineral discovery is made? It is not only the Main Roads Department I do not think anyone can do that. There­ that is tied up with road construction. In fore. if the cities, which are dependent upon many instances local authorities depend on primary production, mineral production and road construction to employ their work-force. associated industries, are to prosper, the I am very happy indeed that the councils in roads must go direct from inland to the my area have done splendid work. Anybody coast. The trend must be towards developing who has been in my area recently can only roads to the West. say that the engineers have done a marvellous job. One can now travel from Springsure Let us get on with the programme. The to Emerald on a beautiful road, one that is idea of having an over-all plan is very well engineered and a credit to the people good, but its application must encourage who carried out the work. This work is going decentralisation. This can be done only if on not only from Springsure to Emerald but the idea of making progress in the North, the aiso on the road to Clermont and the road to Centre and the South of the State is kept Rockhampton as well. 2742 Main Roads Acts [ASSEMBLY] Amendment Bill

\Ve must, of course, give full thought to a beef road. I cannot understand why roads the necessity of keeping employees both of in the Gulf were given preference to the the councils and the Main Roads Depart­ Peninsula road. In the Gulf country graziers ment in full employment. That is why I have railway facilities to which they can agree with the Deputy Leader of the Opposi­ drive their cattle to truck them out. Without tion in his support of the principle of day an adequate road in the Peninsula the only labour. These activities are most important, way they can get their cattle to the saleyards because they play a significant part in is to bring them down by boat or drive them decentralisation. overland, which takes 12 to 14 weeks from the top of the Peninsula. Because of the As a last appeal I say, "Let us get on rocky nature of the Byrnestown Range and with divisional development and, if possible, other ranges in the area many of the cattle expedite the building of the Capricorn are crippled by the time they get to the Highway right through to Barcaldine". saleyards. I have seen cattle in the saleyards that could hardly hobble around because of Mr. ADAIR (Cook) (7.56 p.m.): I was their swollen legs. As I have said many times unable to be in the Chamber when the in this Chamber the cattle have to be thrown Minister introduced the Bill but I have been and shod. Surely the Main Roads Depart­ here to listen to various speakers discussing ment could construct this road to Cooktown it. I am not at all concerned about roads or to Laura to an all-weather standard so in the metropolitan area of Brisbane. I that people could bring their cattle as far believe that Brisbane has had too much as either of those places to be transported money spent on its roads and that more by lorry out of the area. should be spent on the area that really needs good roads, namely, the far northern The area also has a mining venture where area, particularly Cape York Peninsula. No over $100,000 was spent on prospecting. doubt the Minister will again state that Then there is the plymill at Bloomfield thousands of dollars are being spent on the of which Mr. Patterson is the owner. The development of what used to be known as plywood was taken on that road to Cairns. the Mulligan Highway but is now called the The lack of adequate roads tends to make it Peninsula Developmental Road, which is a difficult for people to carry on in that area. beef road. This development has been going on ever since I have been in Parliament, It is ail very well for people in Brisbane which is nearly 16 years. to grizzle about roads down here. With the four-lane highway to the Gold Coast and the Mr. Camm: You do not go up there very good roads to the North Coast and elsewhere, often now. they are not badly treated. If more money was spent in my area and other areas that Mr. ADAIR: Every time I travel over really m.eed good roads, a better service would that road I am put to considerable expense be provided for the whole State. for repairs. At the present time it is in I know the Minister's thoughts. He has order, to a certain extent, but for the last taken over the portfolio only recently, and three or four months it has been out, due what I am speaking about is not his fault at to wet weather, and that happens every wet all. Ever since I have been in Parliament I season. It has been declared a beef road have been stressing the need to complete the but I suggest to the Minister that if the Mossman-Daintree road, a distance of only work goes on at the present rate it will be 22 miles. It was the Government's policy to another 20 years before it is a good all­ give preference to the construction of weather road. gazetted highways or main roads before Even at the present time graziers from the taking on anything extra. That has been top l)f Cape York Peninsula, from Coen happening for the last 15 or 16 years. Only and further north, have to drive their cattle four miles of the Mossman-Daintree road overland to the saleyards at Mareeba. I have still to be constructed, but in reply to was speaking the other day to a contract my question the other day the Minister said that more important roads have yet to be carrier who had in the past trucked cattle constructed, and that this one would receive and who claimed that at the present time due treatment at the appropriate time. But he cannot transport them over this road we have been waiting 15 years for that treat­ because of bruising of them brought about ment! I know that it is not his fault because by the heavy corduroy surface. he has not held the Main Roads portfolio As the Minister has pointed out, the during that period. Government is at present spending probably I should like the Minister to look into thousands of dollars on building bridges and these matters because people in the area I servicing the road but this work will have am talking about are getting a rough deal. I to be speeded up; extra money will have know that the Main Roads Department takes to be found to make it an all-weather road, notice of certain departmental officers and until the Minister does something to stationed in the Far North. I suggest that is this end these people will, year after one reason why this road has been neglected. year, have to put up with the inconvenience I think the Minister held the opinion that caused by the bad condition of this road. the road was in good order, but it was not. For the life of me I do not know why other I should like him to visit the area and see roads were given preference to that road as it for himself, but not when Mr. Gallop tells Main Roads Acts [2 APRIL] Amendment Bill 2743

him to come up. He should go up there unan­ done for this State. When I say "Govern­ nounced, not two days after Mr. Gallop has ments" I mean all Governments, not put a bulldozer or grader over the road. necessarily the present one. We must realise That sort of thing does happen. that in this State we have development right along the coast and also in the inland areas. Hon. R. E. CAMM (Whitsunday­ Queensland is the most decentralised State Minister for Mines, Main Roads and Elec­ in Australia, all of it crying out for more tricity) (8.5 p.m.), in reply: After listening to and more roads. the debate, one would think that this measure was the introduction of the Estimates for the If some hon. members opposite want to Main Roads Department, because very few be political and talk about what this Govern­ hon. members spoke about the principles of ment has done compared with what they did the Bill. during their term of office, I point out that recently I toured 4,000 miles of our beef Mr. P. Wood interjected. roads and other outback roads. I travelled for three weeks and went right out in the Mr. CAMM: Despite the interjection of outback, up to Normanton and Cooktown, the hon. member for Toowoomba East that but nowhere did I travel on a stretch of I did not tell him much about it, I will give road as bad as the road from Proserpine to him a copy of my speech as well as of the Mackay was 10 years ago. Since this Bill. He will see that every provision in Government has been in power it has spent­ the Bill was outlined in my introductory and I accept full responsibility for it-more speech. He chose to get away from the Bill, money in the country areas of Queensland just as did every other hon. member who spoke. That is the prerogative of hon. than did any previous Government. members. It is their business if they wish I will deal individually with hon. mem­ to take a Cook's tour around their electorate bers who have spoken because some of and push the barrow for a particular road. them contributed worth-while comments to The hon. member for Cook even invited me the debate. The Leader of the Opposition to go on a tour of his electorate. prefaced his remarks by a reference to the Wilbur Smith Report. He claimed that Some hon. members £rom the city claimed people were not notified w~en work asso­ that too much money is being spent in ciated with the Wilbur Smith Report was country areas, while hon. members from the country claimed that too much money to be implemented. is spent in the city. Yet again, hon. members Let me make it clear that the Wilbur Smith from other parts of Queensland claimed that Report and the plans associated with it are insufficient money was spent in their areas. only lines on a map-recommendations from No-one claimed that too much was spent a world-wide authority on traffic control and in any particular area, so it appears to me road construction that is necessary to cope that Main Roads Department finance has with that traffic. It does not necessarily been fairly evenly distributed. follow that merely because there are lines on a map, that is where the road will I should like hon. members to bear with actually go. That has caused a great deal me and to realise that Queensland, with of confusion in the minds of people who live such a vast area and relatively small popu­ close to where the lines are delineated on lation, makes the job of the Main Roads the map. I have frequently said that people Department very difficult to carry out. have been told not to take any notice of I think the hon. member for Logan was those lines, because the final decision on the first hon. member to have the courtesy where the road will be built rests with our to express appreciation for the work carried engineers and surveyors. It is only when out by the department. Member after the final plan has been drawn and models member rose to his feet and criticised the are made and put on display at the Main department, but the hon. member for Logan, Roads Department that people can really through his knowledge of local authority find out where a road will be built. work and his appreciation of the difficulties I feel that the officers of the department involved, paid a tribute to the department. have done a remarkably good job in circulat­ I also give credit to the hon. member for ing these plans and inviting the people Townsville North and other hon. members who could be affected by the proposed roads who followed him. to visit the Main Roads Department. There Mr. N. T. E. Hewitt interjected. is there a big room where the plan and models show exactly where the proposed Mr. CAMM: I will deal with that point roads will go. I have given an assurance in a minute, if the hon. member will keep to the people involved that as the Govern­ quiet. ment adopts further stages of this plan they Other hon. members also paid a worthy will receive notice as quickly as possible. tribute to those gentlemen who have to The Government has adopted only Stage I travel around Queensland-and they have of the report, and it is a modified version. travelled around Queensland extensively in The Leader of the Opposition mentioned the last seven years. I cannot help feeling the expense involved in supplying signals and proud of them and also of what the depart­ signs. A Traffic Engineering Trust Fund ment and the various Governments have has been established, and many of those 2744 Main Roads [ASSEMBLY] Amendment Bill

lights and traffic devices are financed through temerity to compare Queensland with Eng­ th~e Main Roads Department. Approximately land, the United States, and some sophis­ $180,000 a year is allocated to local ticated European countries that have been authorities. in addition to what is spent by the inhabited by millions of people for hundreds Main Roads Department. of years. Queensland is four or five times the size of some overseas countries. If The hon. gentleman said that the only all our main roads, bridges and highways way local authorities have to raise money were confined to an area in South-east is by way of rates and that the expenditure Queensland equal to that of England or involved in sewerage, water supply and other the land mass of Japan, what a wonderful amenities is increasing. I concede that. road system we would have! And that Finance is a problem in most undertakings has been built by 1,500,000 people, not associated with local, State or Federal 50,000,000, or the hundreds of millions of Government. It is in the way that we people in some other countries. allocate that finance that our policies may differ. Even in our neighbouring State of New South Wales, the Main Roads Department I do not agree with the hon. gentleman is responsible for the same mileage of roads that this Government has reduced the sub­ -24,500-as is our department, and its sidies for road work and other work associ­ finance is collected from 4,500,000 people. ated with local authorities. Since the road Reference was made also to Victoria. If plan was introduced in 1963 the Main Roads our highway from Coolangatta to M<:>ssm?n Denartment has virtually halved the respon­ could be rolled up and taken to V1ctona, sibility for repayments for road work carried it would provide a six-lane highway from out in any local authority. Today, highways Albury to Melbourne. This whole question built through a local authority cost the rate­ should be looked at in the proper light pdyers not one cent in construction. For and a realisation of what has been done main roads they contribute 10 per cent. of by the Government, through the Main Roads the capital cost, for developmental roads Department, for the road system of Queens­ 5 per cent., and for secondary roads 25 per land. There would then be no knockers. cent. That is about half of what it was 10 only praise and pride. years ago. Mr. N. T. E. Hewitt: Do you mean that When one bears in mind that the Main we should not criticise at all? R cads Department is responsible for build­ ing and maintaining 24,500 miles of roads in Mr. CAMM: Everyone can criticise. I Queensland, carrying 80 per cent. of all am not happy-- traffic flow in this State, one realises the responsibility that has been accepted by the Mr. N. T. E. Hewitt: I am not happy, Main Roads Department. At the same time, either, and I will continue to criticise. one must recognise and pay just tribute to the work done by local authorities, because Mr. CAMM: I am not happy with the they themselves control some 80,000 miles position, either. When a11 the g~zetted of road and street works in this State. roads in Queensland are bmlt and bitumen sealed we will still be unhappy because The Leader of the Opposition said also we will be gazetting more and more dirt that we have not yet indicated where we roads. There will always be dirt roads will build these proposed roads in Brisbane. associated with the main roads of Queens­ I think he was the one who said that. We land, because we will always be gazetting have said many times that the Riverside extra sections of road. If hon. members Driveway, the Woolloongabba Interchange, wish to compare what has been done by the Point Bridge, and the South-east Free­ this Government with what was done by way will be constructed at no cost to the previous Governments, I remind them that ratepayers of Brisbane. In the next five we did more in seven years on the Bruce years approximately $30,000,000 will be spent Highway, which is the road that I am most on this work. conversant with, than Labour Governments The hon. member then waxed a little did in 40 years. sarcastic and said that some main roads I remind the hon. member for Belmont are little better than goat tracks. I tell that this Bill is not associated with the the Committee that I am not happy with Wilbur Smith Report. It is a Bill that all the main roads in Queensland. Anyone will enable the Main Roads Department who claimed such satisfaction would be to assume responsibility for constructing and trying to mislead people. But I am happy meeting the costs of arterial and subarterial and satisfied that the Main Roads Department roads in the urban areas of Queensland, and the Government have spent the money and outlining provisions necessary to have available as advantageously as possible, tak­ any road, whether it be an arterial roa~l. ing into consideration traffic flow, develop­ a subarterial road, a highwav or ~ mam ment in the State, and the needs of rural road declared a motorway. The B!ll con­ and urban areas. All of this money must tains' provisions enabling the Main Roads be collected from 1,500,000 people and Department to declare such roads motorways. hon. members can work out how many of them would be contributing to these funds. There was a query concerning the type Attempts were also made to compare Queens­ of traffic to be allowed on motorways. This land with other States. Someone had the will be governed by the traffic flow in the Main Roads Acts [2 APRIL] Amendment Bill 2745 area, and it will be the type of traffic neces­ from: "Why is the City of Brisbane here in sary to relieve congestion in a particular the first place?'' Brisbane is the capital city locality. of this State, and we are all proud of it. The hon. member for Wavell criticised the But it has grown only because of the short explanation that I gave of the pro­ produce flowing to it from the outlying areas. visions of the proposed Bill. As I said earlier, Much of the money collected in the city every provision was outlined in my intro­ comes from institutions and businesses having ductory speech; I took good care to do that. their headquarters and the majority of their When hon. members have had an opportunity staff in Brisbane but whose interests and of studying the Bill, I am sure that in the productive elements are in country areas. It debate on the second reading they will outline is to ensure that that produce gets to Bris­ specific problems associated with the Bill bane and flows through to the point of itself. Perhaps they can be excused for embarkation or to the railway station that getting away from the Bill somewhat at this the department is now constructing roads stage, because they may consider that it through to Brisbane. contained provisions that I did not outline. Mr. O'Donnell: Do not forget that the Northern and Central Divisions of the Rail­ I know that what I am about to say has way Department pay for the rail services in been said in this Chamber before, but it the south-east corner. bears repeating when a member from the city-a good member, too-criticises what Mr. CAMM: That is another fallacy. has been done in Brisbane and what has been built in Brisbane by the Main Roads Depart­ Mr. O'DonneH: I do not think it is. ment. When the Government was planning Mr. CAMM: It is another story; the hon. the expansion of the road system in Queens­ member can stick to it if he wishes. I will land about seven or eight years ago, it leave it to the Minister for Transport. The recognised that the main highways into the hon. member may be right when he says that area ended on the outskirts of the city. the Northern Division makes a profit and Roads were deliberately gazetted from the the Southern Division does not. outlying areas and the department assumed responsibility for them, but they were left Mr. O'Donnell: The Central Division does, terminating on the outskirts of the city. too. At the same time, the department indicated that a firm of experts would be employed Mr. CAMM: They will always make a to assist and advise where the roads should profit, because the Government has to fix go through Brisbane to provide a connection the freight rates in such a way as to amor­ between the southern areas and the western tise the cost of the railway and, at the same and northern areas. That has been said in time, build up the Gladstone-Moura line and this Chamber many times. the Mt. Isa-Townsville line. The northern and central areas will always make a profit. However, the Government did go ahead with the construction and improvement of Mr. O'Donnell: "Sandwich Corner" shows many other roads in Brisbane. There are a big ioss. over 70 miles of gazetted roads in the Bris­ bane metropolitan area, and figures that I Mr. CAMM: I will leave that to the have given in this Chamber indicate that Minister for Transport. many hundreds of thousands of dollars have We were criticised about a so-called piece­ been spent on those roads. An assurance was meal approach to road-building at Aspley. given that, when the results of the traffic I wonder if the hon. member who voiced the survey had been submitted to it, the Main criticism really appreciates the difficulty of Roads Department would undertake compre­ constructing a road where there are no hensive construction of freeways and high­ effective by-passes and where the engineers ways through the city. Stage 1 of that have to keep traffic flowing while they build report has been adopted, and the department the road, and shift all the services such will be spending about $50,000,000 in the as water mains, P.M.G. cables and elec­ next few years to provide reasonable access tricity lines? It would be quite simple for roads to the city area. The hon. member for the Main Roads Department to close the road Wavell has compared what has been done completely. Then we would see some move­ here with what has been done in the remain­ ment. They could put 20 bulldozers, graders der of the State. I invite him to wait another and rippers to work and finish the job in 10 years and then make an assessment of very quick time. But when a very big road­ what has been spent. construction job has to be implemented and traffi~ has to be kept flowing, of necessity One would be foolish to deny that the the JOb has to be done in short sections. greater part of the taxes collected for main It may be called piecemeal, but eventually roads purposes is collected in the south-east from that piecemeal construction will emerge portion of Queensland. Those taxes are a four-lane highway that will flow north and collected where the population is greatest back into the suburbs of Brisbane. and where the registration of motor vehicles is heaviest. I ask anyone who raises the Mr. Mann: The Main Roads Department question of where the money is collected should give some credit to the local member. 2746 Main Roads Acts [ASSEMBLY] AmendmentBill

Mr. CAMM: I never hesitate to give credit Mr. Duggan: He said that nine out of 10 to any member for what he does in his motorists were travelling at 60 miles an hour, area. Even hon. members opposite will which is gross exaggeration. readily admit that they receive credit for their representations. But one must realise that there Mr. CAMM: Yes. I have been here long are 131 local authorities in this State and they enough to be able to assess what the hon. all rely to a great extent on money allocated member for Townsville South really means from the Main Roads Department to keep when he speaks. He is a rather colourful their work-force in operation. That is why speaker, and one can discount quite a few every shire in Queens:and receives an alloca­ claims that he makes. tion each year from the Main Roads Depart­ I want to talk a little about roads in the ment. It would be quite a simple matter for Banana Shire, a matter that is worrying the the Main Roads Department to say, "We hon. member for Mackenzie. I will concede are going to spend $20,000,000 on a that it is a rather difficult area. It is a very highway", and to pick out a long stretch of large shire that is dissected by many high­ road and construct it. But that would vitally ways. There are the Burnett Highway and the affect the economy of many local authorities Leichhardt Highway running north and south, in this State. That is why, when one drives and there is the Dawson Highway running around, one can see road jobs going on all east and west. Just to the north of the over Queensland. Some might claim that it Banana Shire there is the Capricorn Highway, is piecemeal construction, but it is con­ and not too far to the east is the Bruce High­ struction that is keeping the local authorities' way. In addition, there are quite a few main work-force intact so that they can pass from roads in the area. The total gazetted mileage Main Roads work to their own local in the shire, which is the responsibility of the authority work as required. Main Roads Department, is close to 500 I know that the hon. member for Wavell miles. To be exact, 495.9 miles of road are would like to see most of this money spent the responsibility of the Main Roads Depart­ in and around Brisbane in eliminating what ment. Of that total, close to half would be he calls bottle-necks, but those bottle-necks highway construction. To be accurate, are only caused by traffic that is coming in there are 229.6 miles of gazetted highway in from north, south and west, and, as I have the area. indicated twice already, they are being taken I always feel that it is far better for an care of by the Wilbur Smith study and by hon. member to pay a tribute to the depart­ other work going on throughout Brisbane. ment for what has been done in the area The hon. member for Townsville South, than to criticise it for what has not been done. of course, was the other way round; he wanted all the money spent in his "beloved Opposition Members interjected. North". I cannot blame him. He comes here representing a particular part of Queens­ Mr. CAMM: I am quite sincere in this. land and in his view that is the area that Everyone can pick out particular sections of should receive the greatest allocation of a road that need construction. The hon. Main Roads funds. I do not agree with him member for Mackenzie claimed that from that we are pouring Main Roads funds into Cairns to Brisbane, travelling on the Burnett Highway-some 1,200 miles-there were the protection of beaches on the South Coast. something like 44 miles to be bitumen sur­ No Main Roads money is going into the faced. Fourty-four miles to be bitumen sur­ wall-construction work that is at present faced on the full length of that highway! being done on the South Coast. A small Unfortunately, they are in the Banana Shire. amount is being put in where the Main Roads The bitumen sections must meet somewhere. Department wishes to protect one of its We start from Brisbane and work north; we own roads. We are spending, I think, start from the north and work south. We $100,000 on the construction of a wall to must meet somewhere. Goodness me, the two strengthen the road, but the bulk of the sections of the Bruce Highway met in my money that is being spent on the South Coast own electorate! I had many miles of uncon­ is the responsibility of the local authority structed road in my electorate. Surely people and the ratepayers of the area. must realise that the full length of a road Mr. Murray: He was more interested in cannot be constructed at the same time. The better bicycle tracks. two sections must meet somewhere. Mr. CAMM: He did mention that he was Mr. N. T. E. Hewitt: Ninety-two miles out travelling on northern roads with his grand­ of 131 miles in one shire! son at 60 miles an hour and that other cars Mr. CAMM: That is right, but wait a were passing them, and that his grandson minute. There is a section of this uncon­ boosted his speed to 70 miles an hour and structed road on the Leichhardt Highway they still went past him. I do not think which makes 92 miles of unconstructed high­ the roads in the north can be as bad as way. When I say "unconstructed", I mean he claimed if motorists can travel on them unsealed. In two highways leading from the at those speeds. I think that the hon. mem­ North down to Brisbane there are in this ber's complaint was dealt with very shire some 90-odd miles of surface that is effectively by the hon. member for Townsville not bitumen. What the hon. member North. neglected to say was that on each of those Main Roads Acts [2 APRIL] Amendment Bill 2747 sections in his shire a Main Roads job is will be receiving attention. One is the high­ going on at the present time. Some months way to Rockhampton; the second .is the ago we released a job north of Taroom highway to Monto; and the third is the towards Theodore. Should we have started highway to Gladstone. We have decided at Theodore and worked south, or should we that we should complete the bitumen­ start from Taroom and work north? The road from Miles to Taroom is already surfacing of the highway to Rockhampton bitumen-surfaced and the bitumen section is first. That may not be acceptable to the extending from Miles to the north. hon. member for that area but we must be guided, as I have stressed many times, Mr. N. T. E. Hewitt: That is the Taroom by the representations concerning priorities Shire. from the local people, through their local Mr. CAMM: It may be the Taroom council. There may be times when we do Shire but, goodness me, it will not be long not accede to these priority recommendations before it is in the Banana Shire. Then the but, by and large, we take notice of the Taroom people will say, "You are not doing local authority recommendations. any construction on our highway. It is all going to the Banana Shire." That is a section Mr. Houston: Do you adopt them in pre­ that has to remain till the last. ference to the representations from the local member? As the hon. member will not indicate just how much work has been done in the Banana Mr. CAMM: I will say for the hon. Shire, I should like to put on record just member for Mackenzie that no hon. member what has been done. During the last five is more assiduous than he is in looking after years, from Main Roads funds alone, the intere~ts of his people. He has written $3,817,000 has been spent on these roads. If to me on many occasions. I pay him the we add to that sum an amount of over tribute that he is one of the few hon. $200,000 contributed from the Common­ members who .is prepared to put down on wealth Aid Roads Fund we find that some paper where his priorities lie in his own $4,000,000 has been spent in the Banana Shire electorate. Not many hon. members will during the last five years. This may not have do that, because they are a little wary of been spent where the hon. member would upsetting their own local authorities. The desire it to be spent, but we must be guided to some extent-- hon. member has the courage to indicate to me where his priorities lie for the con­ Mr. Houston: Don't you take notice struction of roads in his electorate. of his representations? Mr. Houston: And you take no notice of Mr. CAMM: Of course I do. He should him. admit that, because I recently gave him a job between Theodore and Banana. I have Mr. CAMM: I indicated a moment ago also given him an assurance that when that that I do. It is useless for the hon. member job has been completed we will be allocating to try to prosecute a quarrel. I said a another one to his area. moment ago that we have already given him a job on the Leichhardt Highway. Mr. N. T. E. Hewitt: Twelve months ago you promised that the road would be sealed Mr. N. T. E. Hewltt: I would like to ask you .if you will honour the agreement under within three years. Can you give me an your signature that the road will be bitumin­ assurance that that work will be carried out? ised within three years. Mr. CAMM: If I promised the hon. Mr. CAMM: If I have given an under­ member anything, I will have to see that the taking that any particular road will be con­ work is carried out. structed within three years, it will take Only recently the local authority concerned some very extraordinary circumstance to indicated that .it wanted some money diverted prevent us from doing so. for the construction of a road to the aero­ drome at Theodore. The hon. member may There are always members, such as the say that he did not want a road to the aero­ hon. member for Mackenzie, with sections drome at Theodore. of unsealed highways in their electorates. A good deal of criticism in this respect was With the development that is taking place levelled by some hon. memhers. Have a in that area, it is understandable that the look at the present road set-up in Queens­ Dawson Highway, which leads from Moura land. This will be good for the hon. member and Biloela to Gladstone, should be receiving for Barcoo, too. Proceeding from Cairns, some attention. We have had representations there is a bitumen road to Mt. Garnet, then on behalf of the meatworks at Biloela, which there is a small section between Mt. Garnet desires to transport its beef by road to the port and Mt. Surprise that it not bitumen, then there of Gladstone. vVe have also had represen­ is bitumen to Georgetown, and we are releasing tations from the people at Moura, who a job to bituminise sections of the road desire to travel by bitumen road through between Georgetown and Croydon, and from Biloela to Gladstone. We have informed Normanton to Julia Creek. These are things the Banana Shire Council that there are that were not even dr.eamed of 10 years ago. three highways leading out of Biloela that When one job is finished three will be a 2748 Main Roads Acts [ASSEMBLY] Amendment Bill

bitumen road through to Hughenden, and them motorways I would be deliberately mis­ at the same time it is working east from leading the people. That is what he said, Cloncurry. and it is simply ridiculous. It is a name The hon. member for Flinders has a right to be given to a gazettal so that we can to complain, because he has a long section of differentiate between that type of road and unconstructed road in his electorate. Before ordinary highways, main roads, subarterial long. the constructions from east and west roads and arterial roads. will meet. There is only one section of 15 Mr. Houston: "Motorway" has a world­ miles between Longreach and Brisbane that is not sealed. Ten years ago the road from wide meaning-high speed. Longreach to Barcaldine was unsealed. From Mr. CAMM: Doesn't the Leader of the the coast the road is sealed west as far as Opposition think that we should conform to Emerald and the next job will take it to what has been done world wide? Ana"je. As the hon. member for MackPnzie mentioned, only small sections of the hi:;h­ Mr. Houston: You are not going to argue ways to the North and the South are that the Brisbane-Toowoomba Highway is a unsealed. On the Warrego Highway from high-speed road? Brisbane to Charleville only one section at Mr. CAMM: Does the hon. member know Morven remains to be sealed. The Conda­ that by the time those roads are constructed, mine Highway is all sealed. We have released there will be motorways in Queensland that the last job for bitumen-surfacing between could be equal to some of the motorways in Dalby and St. George on the Moonie High­ other parts of the world? way. That is a record to be proud of, and we Mr. Houston: Name two of them. should pay tribute to the men who built Mr. CAMM: The Bill is not one to set the roads. Shouldn't hon. members get up out which roads will be motorways. and say that the Main Roads Department Mr. Houston: Don't you know? has not done a bad job after all, instead of always complaining about one particular Mr. CAMM: We do not know yet. This little section that might be annoying them? is a Bill to introduce the machinery. Mr. Wallis-Smith: You admitted that there Mr. Houston: There must be some reason will always be gravel roads. for it. Mr. CAMM: Yes, but different people give Mr. CAMM: Of course there is. It is little consideration and no praise for what realised that in the future Queensland must has been done. have roads that can be designated as motor­ ways, and the Bill merely introduces mach­ Mr. N. T. E. Hewitt: If you check my inery by means of which that can be done. speeches over the years you will see that I It is not intended to indicate where any have given plenty of credit, but the time specific motorway will be. That will depend comes-- on the flow of traffic when arterial and sub­ arterial roads are constructed. It may be Mr. CAMM: Very good. that some of today's highways will later be The hon. member for Toowoomba East designated motorways. They will be ungraded said he would like some information if I and certainly improved. Those declared extended to him the courtesy of a reply. motorways will be worthy of the name. When he said that, I wondered if he con­ The hon. member for Toowoomba East sidered that what he was saying was not wishes to see a prohibition on advertising worth replying to. However, I intend to reply signs on private property bordering all main to him. For his benefit, "motorways" is the roads and highways. That is exercising our name that is to be given to a particular class minds at present, and I assure him that of gazettal. He aired the little knowledge that possibility, and his recommendations, that he has of motorways in England, will be examined. America and other countries. That is all right, but I remind hon. members that in the The hon member for Logan had the Main Roads Department we have men-I say courtesy to begin his speech by recognising this in all sincerity, because I meet road the value of the work done by the Main Roads Department. He also outlined, as authorities from all over the world-who are has been mentioned earlier, that the money recognised as the equal of any main roads spent on roads can be acquired only in engineers or construction men in the world. t;:~xation from motorists. Everyone knows These are the men who recommend that we that the only funds the Main Roads Depart­ classify these roads as motorways. Anybody ment has to spend are those collected in can be an engineer if he has not the responsi­ motor-vehicle registration fees, petrol-tax bility to implement what he outlines. The reimbursements, and road maintenance hon. member criticised our calling them charges. If extra money is necessary, the motorways, and pointed out how they com­ only way to obtain it is by increasing pared with other roads. I wondered what charges, and I do not think anyone would criteria he used when he said that by calling advocate that. I can assure the hon. member Main Roads Acts [2 APRIL) Amendment Bill 2749 for Logan that his request will receive con­ Mr. Houston: What are you going to do sideration. His practical knowledge of road­ about the local authorities? Are you going building, acquired as chairman of a shire to relieve them in any way? council, and member of a local authority for many years, has given him a full apprecia­ Mr. CAMM: I said earlier that since tion of the difficulties that face the Main 1963 the department had virtually taken over Roads Department. half the responsibility of local authorities for building main roads and secondary roads I say to the hon. member for Toowong in their areas. that there is at present a body investigating The hon. member for Mt. Coot-tha men­ and planning traffic control and dealing with tioned a problem associated with access to t··c.nsport problems associated with many of main roads. That problem has been cur cities. As those investigations are com­ examined. Again, the department must be pleted, reports will be made to the Main guided by the local authority in charge of Roads Department. the area relative to the access from private The hon. member for Townsville North property to a main road. \.as critical of the Rockhampton-Mackay The hon. member for Nudgee also men­ road, and justifiably so. I have travelled tioned providing better roads leading towards on it many times, and was over it only Brisbane. He must recognise that the main­ a few weeks ago. I remind him, however, tenance costs on the roads in this State are that between Rockhampton and Mackay five getting so high that they affect significantly different jobs are now being undertaken. the amount the department can spend on Tt is no longer the Bruce Highway but the permanent works. Maintenance costs are N!arlborough-Sarina main road. The Bruce becoming very high indeed, particularly in Highway was gazetted in 1963 to run down a wet season. the coast, so that that could be built as a highway on highway terms, at no cost The hon. member mentioned al-so Sand­ to the local authorities through which it gate Road at Virginia. The Main Roads Department is now constructing a four-lane passes. highway from Virginia to Sandgate. Mr. Houston: So it should have been. Mr. Melloy: Very slowly. Mr. CAMM: I am saying that it was Mr. CAMM: The Brisbane City Council t;azetted as a highway and the other road is the constructing authority. The hon. was de-gazetted to a main road. It was member said that the outlets from the city recognised that with heavy traffic using the should all be four-lane highways, but then road, and with the increase in the number of spoilt his argument by criticising the four­ lighter vehicles travelling over it, the inland lane highway to the South Coast. Surely road would crack up before the coastal road he must be realistic. I do not agree with was completed. Money was therefore diverted him that the only people who use the South to the Marlborough-Sarina main road, and Coast road are pleasure-seekers. It is the there are at present about five jobs being main arterial road between New South Wales undertaken on it. I think it will be conceded and Brisbane. that north of Mackay the road is in very good condition. It must be recognised that The hon. member referred also to Ipswich road pavements constructed many years ago Road and to the Rocklea overpass. There are not able to take the loads of 20 tons will be a good four-lane highway leading or more that are quite common nowadays. in from Ipswich in the near future. The hon. member for Rockhampton South He did not criticise the road to the north stuck more closely than did any other hon. of Brisbane. I suppose that is only to be member to the provisions of the Bill that expected, because now there is a road to I outlined. Perhaps he may have more the north of Brisbane and 10 years ago knowledge of the subject because he and the Labour Government had a policy laying I have discussed many of these matters at down that roads were not to be built parallel different times. He has advocated in this to railway lines. Wherever there was a Chamber before that the Main Roads Depart­ railway line, one found that a bitumen road ment should borrow a great deal of money was not built parallel to it. to build roads and then service the debt The hon. member for Barcoo spoke about through revenue received each year. That his own electorate. He pushed his own idea is not new. However, it is thought barrow, so to speak. Well, that is all that, once the department goes into the right. He also mentioned the financial field of borrowing, it comes under the control arrangement referred to by the hon. member of the Loan Council, and if it did enter that for Rockhampton South. To give the Com­ field the borrowing of the Main Roads mittee an idea of the cost involved in Department would affect the over-all borrow­ endeavouring to plan and to construct a ing of the State of Queensland. With the fully integrated system of sealed roads in amount of money that the department is Queensland, I intend to give some figures. receiving from registrations. Commonwealth The construction of beef roads that have aid, and so on, it is the consensus of opinion hpen recommended to this Government at present that, at least at this stage, the alone-and they do not include any highways method that the department is using to -would involve the expenditure of some finance road construction is in the best thousand million dollars. That will give inter,'~ts of the State as a whole. hon. members some idea of the amount 2750 Main Roads Acts, &c., Bill [ASSEMBLY] Land Acts Amendment Bill

of money that would be necessary for a fully Mr. CAMM: We have let contracts for integrated sealed road system in this State. several bridges in this area. I answered a It is quite impossible for a State with a question by the hon. member last week population of just a little over 1,500,000. relative to the money we will be spending on that road in the very near future. I have travelled over the western road many times and the hon. member for Barcoo I thank you, Mr. Smith, for bearing with might be surprised to know that one can me when I got away from the provisions of go from Longreach to Mackay quite com­ this Bill. fortably in a day. Not so long ago, when I feel that hon. members will agree that I was young, it used to take me two days the men associated with the construction of to go from Proserpine to Alpha, and I used main roads in this State deserve nothing to be in a hurry. It also took two days but praise from the people who live in the to go from Alpha to Rockhampton. Now State. it is quite an easy trip from Rockhampton to Longreach in a day. Mr. Houston: You still make the policy. I think the hon. member for Barcoo will con­ Mr. CAMM: And it is a jolly good policy, cede that in his area there is a big increase in too. the sealing of roads. The road to Anakie will Motion (Mr. Camm) agreed to. tap most of the agricultural areas to the west Resolution reported. of Emerald; the road to Emerald from Rockhampton is already sealed. From FIRST READING speaking to many people producing wool in the Barcaldine district I know they sell their Bill presented and, on motion of Mr. wool in Brisbane and that it is their desire Camm, read a first time. to come to Brisbane. Naturally, as soon as the bitumen road to Brisbane is finished LAND ACTS AMENDMENT BILL they will be right behind the hon. member for a bitumen road to Rockhampton, and SECOND READING eventually that will be built, taking into con­ Hon. V. B. SULLIVAN (Condamine­ sideration the demand for roads in other Minister for Lands) (9.1 p.m.): I move­ areas, and the availability of funds at the time. "That the Bill be now read a second time." Mr. O'DonneH: The road to Rock­ As I outlined during the introduction of hampton has improved. this Bill, the amendment is of a machinery Mr. CAMM: There is a little bit at nature to provide a way whereby defective or defunct trusts may be regularised or Morven that is not sealed. wound up. The hon. member for Cook advocated an The trusts we are dealing with are not all-weather standard for the Peninsula those trusts which are constituted by the Developmental Road. I do not want to take Crown, but trusts constituted by private anybody to task about all-weather roads but persons under the Real Property Acts and, an all-weather road does not exist. Even in in particular, such private trusts which are Europe, in places such as Germany and for public purposes or a purpose similar many other ,countries, weather conditions thereto. often close the main highways, so it cannot be claimed that in this State we should have As I pointed out during the earlier debate, an all-weather road. a trust can become defective, requiring legis­ lation to put the matter in order. Rather Mr. Adair: You have not one mile of than provide a special Act for special cases, bitumen on the road. I am introducing a Bill to provide machinery of a general nature which, I am confident, Mr. CAMM: There is a little bit of will meet the cases likely to arise. We do bitumen leading out of Mt. Molloy but the not get many of these problem cases but hon. member for Cook must also concede from time to time they do arise. Most of that there has been a tremendous improve­ them are so relatively unimportant that the ment in the Peninsula Developmental Road. passing of special legislation would not be I was in Cooktown recently and I know that warranted. you can drive from Cooktown to Cairns in five and a half hours. There is a bus run By bringing in a Bill of a general nature twice a week to Cooktown. such as this, we should be able to clean up the cases which are presently on hand, Mr. Adair: You would have been stranded and those which may arise from time to for a fortnight just recently. time, and we can do this in such a way that no great expense will be involved. Mr. CAMM: There are times when these streams are high in flood and a person might No principle of moment is involved in the be stranded but transport of beef cattle is Bill, and I suppose it is fair to say that the not done at those times. introductory stage indicated a general acceptance of the Government's approach to Mr. Adair: You have no bridges. this matter. Land Acts (2 APRIL] Amendment Bill 2751

To summarise the position, I point out also afforded to anybody who is a mortgagee, that trustees of a defective trust may, if a tenant, a lessee, a licensee or an encum­ the purpose of the trust is of a public nature, brancee of the trust. These people must apply to the Minister to surrender the trust agree to the surrender, and the Minister in order that a fresh trust can be constituted, must know about the agreement. If they free of any imperfection. The necessary safe­ guarantee that their approach to the question guards are provided to ensure that no encum­ brancee is disadvantaged and, of course, is in line with that of the applicant, whether the making of an application under the it is a local authority, or the residue of a amendment is purely on a voluntary basis. trust, he, in turn, will allocate another trust under the Land Act for this particular pur­ In the case where one of these real property trusts has failed in its objects or pose which will of course, be very firmly is no longer required, the local authority in his mind because he will want to continue, concerned may ask that the trust be wherever possible, the original idea of the 'Wound up. donor. These people will be protected, If, after appropriate investigation, the irrespective of who they are. The attitude Minister is satisfied with the application, he of the local authority is also covered. may revest the trust property in the Crown We also see, particularly where there are in order that appropriate action might be defunct trusts, that every care is taken to taken to constitute a fresh trust or to dis­ ensure that if the trust cannot be maintained pose of the assets of the trust for the benefit for its original purpose the Crown, in its of the community concerned. wisdom, can use that land under the Land Mr. Speaker, I feel sure that you will Act. agree that the Bill commends itself for I do not want to labour every point, but favourable consideration, and I endorse it accordingly. it occurs to me that justice could be done in one or two cases. Last year we discussed Mr. O'DONNELL (Barcoo) (9.4 p.m.): I the Acquisition of Land Bill very carefully, suppose it could be said that the debate on and both sides agreed that the person from the Bill before the House will be something whom the land was originally resumed should like the calm after the storm rather than have priority if the land became surplus. the usual calm before the storm. I indi­ Take the case of a trust that becomes defunct, cated when the Minister introduced the Bill perhaps in an area where the parties to the that, on his outline I felt the amendment trust could not put it into operation even if was timely and apposite and that there was it were resurrected by the Crown. It may be very little possibility of our criticising the a ghost town or an area that has deteriorated, various parts of the one big clause. Having where there is no longer any use for the land. seen the Bill, that is still my opinion. We As the land had been excised from an estate have examined the addenda to the Land in fee simple for a public purpose under Acts very thoroughly and we appreciate what trustees no longer capable of maintaining the has happened in the past in relation to these trust, could that specific piece of land be trusts for which people excised part of their returned to the heirs of the original donor? estate, to transfer the land to a trust for When these people give these areas of land public purposes. We also know that they for specific purposes there is a possibility that held the land in fee simple and that it was a in the future the purpose cannot be main­ gracious act on their part in the public tained. This is very difficult and I know the interest. It does not matter whether the legal eagle from Windsor will have something trusts are held under the Land Act or the to say about it. The situation could arise Real Property Act. They exist all over where the person who owned the property, or Queensland and, whilst many of them are whose heirs own the property by inheritance, functioning satisfactorily, others are in a could own land adjoining that property that could not be used for any specific purpose great state of disrepair and some are defunct. under the original instrument of transfer. I The Opposition believes that this amend­ look at this objectively because perhaps there ment will cope with a situation that previously are cases where this could occur. It occurs required special treatment in the form of a in the Department of Education. Going back special Bill. We understand that the Minister in history, people in farming communities will adopt a cautious approach to any appli­ excised pieces of land and transferred them to the Department of Education for education cation or representations to wind up a private purposes, such as building a school, and with trust. He will examine the matter very care­ the centralisation of schools and the provision fully to see that the trust was originally for of school transport services some of that land a public purpose and he will also fully is no longer being used for school purposes, examine the situation, or the case put for­ and it is a difficult task to get the department ward, to ensure that it is no longer possible to transfer it back to the original donor. for the trust to operate according to the Similarly, with a defunct private trust, there original wishes of the benefactor. Further­ could be cases where the Government has no more, he will also examine debarring factors. particular use for the land and it could be The Minister referred very clearly to "gift given back or revert to the heirs. Possibly over or any such provision". Protection is t'here are some legal angles such as transfers 2752 Land Acts Amendment Bill [ASSEMBLY] Beach Protection Bill

and perhaps some fee is payable. But some­ on presenting my first Bill. No doubt things times an additional 3, 4, or 5 acres would be will get a little more difficult as time goes quite welcome in closely-settled areas, because on! I assure the Committee that, as it would be valuable land. Minister for Lands, there is a lot of Queens­ I think the Bill is quite acceptable to the land that I want to see, and I shall be doing Opposition. It contains no red herrings. It that during the recess. Any problems that is open and just. It is far more satisfactory come along can be faced up to at the time. to adopt this general approach to a situation Motion (Mr. Sullivan) agreed to. than to introduce separate Bills for specific cases. I appreciate the Minister's approach COMMITTEE to the whole question and his honesty of purpose in stating the particular case he had (Mr. Smith, Windsor, in the chair) in mind. Clauses 1 and 2, as read, agreed to. Hon. V. B. SULLIVAN (Condamine­ Bill reported, without amendment. Minister for Lands) (9.15 p.m.), in reply: I thank the hon. member for Barcoo for his general acceptance of the Bill. As he stated BEACH PROTECTION BILL at both the introduction and the present SECOND READING stage of the Bill, he feels that, in the main, it meets what is required. I think that that Hon. J. C. A. PIZZEY (Isis-Premier) is quite a tribute to my officers and the (9.21 p.m.): I move- manner in which they prepared it. I made 'That the Bill be now read a second a pretty close study of it with them, and time." neither they nor I can see any reason to I think it is fair to say that the reception doubt that it will do what it is designed given to the Bill at the introductory stage to do. As mentioned by the hon. member by hon. members on both sides of the for Barcoo, it removes the need for special Chamber was favourable. In my intro­ legislation in specific cases. ductory speech I gave hon. members an The hon. member for Barcoo raised the outline of the need for the legislation. I matter of trusts that become defunct, and do not think that there is very much for asked what will become of land that is no me to comment on relative to matters raised longer required for the original purpose of by hon. members in speeches at the intro­ the trust. I think it will be found in most ductory stage, because I covered most points cases that the donors of the land are deceased. that were raised in winding up the debate The land would therefore revert to the on that occasion. Crown and would receive consideration in However, I should like to say now, in the light of the situation as it then existed. answer to the hon. member for South Coast, We did not feel that this position warranted that all matters relating to mineral-sand any special mention in the legislation. mining operations in areas subject to the provisions of this Bill have been examined Mr. O'Donnell: As long as some con­ in detail with the guidance and assistance sideration can be given to it, and the Crown of officers of the Department of Mines; could perhaps sell the piece of land. further, that evidence is not lacking that ready co-operation will be forthcoming from Mr. SULLIVAN: Yes. An assurance can holders of existing leases in conducting their be given that that would be done at the time, future operations in a manner that will although we do not feel that it requires not hinder the objectives of the Bill. Future special mention in the Bill. leases, claims, and authorities to prospect, The hon. member mentioned school will be granted subject to conditions com­ grounds. I suppose most members have had plying with the provisions of the Bill. More experience-! know I had as a private will be said on this matter later. member-of land being given to the Educa­ tion Department and later being no longer In further reply to the hon. member for Salisbury, liaison has been established with required for the purpose for which it was the Department of Primary Industries, fol­ given. If the original owner is still living, lowing an offer from that department, for it is returned to him. Of course, some delays assistance in matters requiring the services do take place. If the original owner is and advice of a botanist. deceased and there are various beneficiaries under his will, jt would take some time to The hon. member referred also in his finalise the matter. speech at the introductory stage to instances of the levelling of dunes on the North Coast. Mr. Bennett: It would take longer if The facts of these occurrences were known Queensland Trustees drew up the will, too. during the months occupied by the pre­ Mr. SULLIVAN: That may be so. If sentation of the Bill, and conversations have the original owner is still alive, I have never taken place with representatives of one of found the matter presented any great the development companies concerned. The difficulty. determination of what action would be pos­ sible and practicable under the provisions There are no other comments that I wish of the Bill is a question that could well to make at this stage. I thank the Opposition receive early attention after the establishment for the easy run that they have given me of the Beach Protection Authority. Beach Protection Bill [2 APRIL) Beach Protection Bill 2753

In response to the hon. member's reque·st defined in clause 3 of the Bill, that is, that the findings of the authority be made within an area bounded by a line not more public, I shall move in the Committee stages than one-quarter mile (except where amended an amendment to provide for a report from by the Governor in Council to be greater the authority to be submitted to Parliament than one-quarter mile) shorewards from mean annually. high-water mark of the main sea at spring As I stated in my introductory speech, tides, and a line 1 mile seawards from mean the prime purpose of the Bill is to set up low-water mark of the main sea at spring a statutory authority whose duty it will be tides. It could be re~emphasised that the to ensure that all measures necessary for responsibilities of the authority will lie the preservation and restoration of the entirely within these two boundaries, and beaches are taken, and that actions damaging that all acts of the authority affecting person to beaches are controlled and prevented or property can be undertaken only within where necessary and practicable. the boundaries of a beach erosion control As hon. members now know, the Bill district which must first have been gazetted provides for the establishment of a Beach in the manner defined in the Bill. Protection Authority consisting of six mem­ bers, who·se chairman is to be the Co-ordin­ In this province some further comment ator-General of Public Works, and so con­ upon the nature of alienated land and stituted that Ministers carrying responsibility unoccupied Crown land might assist hon. for the administration of existing legislation members in interpreting the provisions of that is likely to be affected by the provisions certain clauses of the Bill, particularly of this Bill will have representation on the clauses 47 and 48. As the Bill provides in authority through their senior public ser­ its definitions, unoccupied Crown land is all vants. The authority will be assisted by land except land held under Crown title, an advisory board so constituted that direct grant or licence. In the Committee stage I contact with the authority is maintained in propose moving an amendment to provide all important provinces, and through the that the word "licence" shall include any collective representation upon which all authority to prospect, permit or dredging interests concerned with beach protection claim under any Act relating to mining. The and restoration will find a channel of com­ munication. Executive responsibility will effect of this amendment will be such that to be carried by the authority, and its com­ all intents and purposes the Bill provides for munication with Cabinet will be through authorities to prospect, permits or dredging the Premier and Minister for State Develop­ claims as for private land. Thus the pro­ ment. visions of subclause (1) of clause 47 of the Bill, which defines prohibited acts, and of Duties and responsibilities of the authority are defined in clause 34 of the Bill, from clause 48, do not in the first instance apply to which it will be seen that these include such lands. the carrying out of investigations, the record­ Should the provisions of clause 44, clause ing and interpretation of the results of such 45 and subclauses (2) and (3) of clause 47 investigations, and the planning of protective be implemented in any areas presently held and remedial works. The manner in which these responsibilities shall be undertaken is under Crown title, on lease of any kind or defined in the succeeding clauses, and further under dredging claim, authority to prospect, particular reference to these matters will or permit, then rights of owners are pro­ be made in due course. tected under clause 46 of the Bill wherein In addition, the authority will be the provisions for compensation for injurious agency by which protection against damage affection are detailed. due to wind erosion in beach areas can be It would be proposed that grant of title, secured, by which all construction activities lease, claim or authority in areas presently in these areas can be regulated in terms of existing as unoccupied Crown land and the objectives of the Bill, and by which situated in declared or prospective beach citizens can seek redress if action approved erosion control districts would be subject to by the Governor in Council as necessary to conditions reflecting the requirements of this secure the purposes of the Bill is felt to Bill. Implementation of such proposals constitute injurious affection. And to aid would be facilitated by the fact that depart­ pursuit of all of these aims, the Bill defines ments administering areas affected by such the acts which the authority may control in matters all have direct representation on the unoccupied Crown lands and on land held authority. In the event of conflict of interest, under title or lease or under any agreement it will be seen that matters in dispute will be with the Crown of whatever nature. resolved at Cabinet level. It will be seen that the first step to be Reverting to the question of compensation taken in any instance in which action for injurious affection, it could be said that affecting property or person is contemplated any decisions leading to action likely to by the authority is the declaration by the result in such claims will be made at Cabinet Governor in Council, upon the recommenda­ level. It might therefore be fairly claimed tion of the Minister, of a beach erosion that an assessment of probable cost and control district. These districts must neces­ anticipated public benefit will be weighed sarily lie within the area of the coast as one against the other in arriving at any such 2754 Beach Protection Bill [ASSEMBLY] Beach Protection Bill

decision. In a case where tens of millions of My colleagues who will follow me in the dollars are involved it is a case of weighing debate no doubt will deal specifically with one against the other. the various provisions of the Bill. It is my task on behalf of the Opposition to The attention of hon. members is drawn set out our general reaction to the measure. to clauses 37, 38, 39, 40 and 41 of the Bill, It is because of that that I wish to preface and particularly to clauses 37 and 38. It will my remarks by repeating a phrase that I be seen that implementation of any scheme used at the introductory stage, namely, that developed for beach protection and/ or man's occupation and interference with the restoration must be preceded by adequate environment has been the chief contributing public ventilation of intentions, and that factor to the erosion of our beaches. When­ citizens and groups of interested persons and ever there is any disturbance of ecosystems the affected local authority itself may lodge there is no doubt that no matter what their objections which must in due course reach location or type, man immediately sets up the Cabinet table. It is thus provided that the basis of a problem against which counter obligations will not be placed upon citizens measures must be taken, and must be taken in respect of beach protection or rehabili­ very speedily. For example, I point out tation works unless their elected representa­ that it has been found that with the dis­ tives give specific consent. turbance of virgin land when cleared for During the Committee stage I shall be agriculture or pasture, man usually is con­ moving two further amendments to the Bill. fronted with a whole host of problems which, The first ensures that when a local authority because of the absence of natural controls is required to take action in respect of wind or natural counters, lead to a great deteriora­ tion if left unchecked. One of the main erosion it may do so as a function of local problems that man creates when he disturbs government. The second of these amend­ ecosystems by land clearance is erosion. I ments will ensure that the local authority feel that this axiom that I have stated is itself shall be bound by the provisions of that just as applicable to the study of beach­ clause. front erosion as, basically, the origin of most Having had an opportunity to study the of our problems is to be found in man's provisions of the Bill in detail, hon. members disturbance of the beach-front ecosystems, may now wish to discuss its various aspects. which have been built up by nature over This is a new venture in the field of legisla­ countless centures, and which man in his tion for beach control and protection. I folly has destroyed. believe that the Bill will be watched with Many people in the community support great interest by legislators in other States that statement. If I were to bring to this where similar problems have been with them Chamber the many papers and opinions that for many years. have been written about beach erosion, I Sporadic attempts have been made by local could well cover the desk in front of me. authorities, sand-mining companies and Any attempt to guard beachfronts against the various departments on individual bases to depredations of man, the sea, or the elements, overcome these problems. I think that the must of necessity involve a study of the work that has been done by very many extent of the interference. It must involve interested people and local authorities over the possible effects of that interference, and the last two years will prove to be very finally the ways in which corrective and pre­ rewarding, because I believe that we now ventive measures may be devised and carried have before us a Bill that will set the pattern out. for the rest of Australia. With this in mind, I wish briefly to examine I have no doubt that in the course of what has happened as a result of man's the administration and implementation of occupancy of the beaches and what man's the Bill we will find various provisions that future occupancy will mean. It has been could well be improved upon. We come reliably stated that by the early 1970's two­ forward with this legislation with an open thirds of the State's population will be mind. I have no doubt that in 12 months' domiciled between the area of Noosa and time our attention will be drawn to various the New South Wales border, when it is ways whereby we can improve the legislation. estimated that some 2,000,000 people will be I commend the Bill to the House. congregated in the south-east corner of Queensland. Their demand for relaxation Mr. SHERRINGTON (Salisbury) (9.31 and the enjoyment of our beaches will p.m.): I indicate very early in my speech naturally apply great pressure to the existing that the Opposition views the Bill in a facilities and beachfronts. light similar to that indicated by the Premier. Mr. W. D. Hewitt: You mean the 1980's, We believe that it is a very important not the 1970's. measure, one that is deserving of the earnest consideration of every hon. member. No Mr. SHERRINGTON: I said the 1970's, doubt during the debate the Opposition will but I could extend it to the 1980's. be critical of many of its provisions, but such criticism will be voiced only after deep This coincides with the bad erosion that is study of the measure and because of the common to our coast from Noosa south. intense interest displayed by members of the Possibly it extends a little to the north, but Opposition for many years in this problem. there the Barrier Reef affords protection and Beach Protection Bill (2 APRIL] Beach Protection Bill 2155 possibly the problems will not arise to the accepted that the demand for building land at same marked degree as on the southern seaside resorts has been responsible, in the portion of the coast. main, for the erosion problem that has This development has taken place in a developed and will continue to develop if relatively short space of time. One could we do not make sensible, intelligent use of say that the last 35 years has seen a tremen­ our beachfront. dous upsurge in population and the demand to use our beaches. The Government itself is not entirely blameless in this regard. The report of the I might interpolate here to state that some Delft Laboratories is critical of the Govern­ weeks ago, when visiting the coloured-sands ment for releasing land to land developers. area, I saw an example in a small way of Dealing with the lots that had been offered change that can be caused in the beaches by by the Crown to land developers, the report the traffic of human beings. Anyone who has says- seen the Aboriginal middens that exist on the coast there realises that in years gone past "Moreover, often the lots have been and these people congregated to celebrate the are being sold by the Crown, which might feast of the eugarie. There were corroborees turn the responsibility to the State. No and so on, and vegetation was destroyed. parent having given a knife to his child Wind erosion took place immediately, and should be amazed to be confronted with today we can see the results of the use of the cut fingers and to be asked for consolation. land by these people in the large sand drifts Not only should the parent do help, but that have occurred. If we multiply this type he should stop giving knives to his other of land usage many thousands of times to children. Only in case they say that correspond with the use of our beaches today, they are grown up and old enough the we find that the problem is greatly acceler­ parent might decide to allow, but part of ated. the responsibility remains with him. It In recent times there has been a demand might be wise to prevent the coasts north to develop the tourist industry. This has led of the Gold Coast City from having to an increased demand for accommodation. identical problems and damages within the It is only natural that file local authorities next few decades." should be very anxious to take advantage of In other words, the report points out that every opportunity in availing themselves of because of its policy on land development, the benefit of the tourist trade. Unfortunately, particularly on the Sunshine Coast, the this has brought in its wake demands by Crown is not entirely blameless. The main land developers for the use of every available effect of over-development, premature inch of land. As a consequence, our beach­ development, and many ill-conceived restora­ front dunes have been levelled and houses tive measures and, as I mentioned earlier, have been built on the waterline. Erosion some uninvestigated preventive measures, has is accelerated by some of the preventive been the deterioration of our beaches. This measures that are taken when erosion starts, finally hits the pockets of the ratepayers because in that way we interfere with the in the local authority concerned. beaches. The situation on the Gold Coast is very When we study the establishment of a graphically described in the recommendations beach protection authority, it is necessary of the Delft Hydraulics Laboratory report, that we consider that while in the main which was presented in 1965 and in which the local authority concerned benefits from it was said- the influx of tourists, it is totally unrealistic "Not everywhere is the situation alike." to expect the ratepayers in that local authority to bear the cost of all restorative It went on to say- measures, as those beaches are in fact used "At Surfers Paradise, however, the by the great majority of our population, Esplanade is situated right on top of the including visitors from interstate, and by first dune, and on Palm Beach and near overseas visitors. Sans Souci on Main Beach many houses Mr. Hinze: You believe that the Common­ are situated immediately west of the beach, wealth should bear some of the cost? in several cases with as much as 10 feet between the buildings and the beach. Mr. SHERRINGTON: Yes, because the These owners live with their backs against Commonwealth benefits from the tourist a wall and sometimes dump considerable industry. I have no quarrel with its con­ quantities of expensive stones to protect tributing. We will probably deal with this their properties, with meagre success." in greater detail later on. It is unrealistic That is a true and concise description of to place the whole burden on the ratepayers the situation, particularly on the Gold Coast. in beachfront areas. Whereas in previous I believe that that situation prompted the years the beaches of Queensland, particularly Government to take this necessary action southern Queensland, enjoyed a respite to set up a beach protection authority in during the winter because fewer people Queensland. I could also quote in the same visited them on holidays, development of the strain the opinion of Dr. Coaldrake, the tourist trade has meant that visitors from senior research scientist of the C.S.I.R.O. on overseas and other States are using the tropical pastures. I think it is generally beaches and seeking Queensland's sunshine 2756 Beach Protection Bill [ASSEMBLY] Beach Protection Bill

all the year round. The problem is there­ the long term, with rising tides, this will fore increased because at no time of the have some effect on the erosion of the year do the beaches have a spell. The beachfront. increasing tourist trade must mean greater Mr. Porter: That is an interesting theory. deterioration of the beaches. The Bill provides protection for an area Mr. SHERRINGTON: The hon. member which the Premier stated would extend a for Toowong likes to sit there and say, quarter of a mile inland and one mile to 'That is an interesting throry" in a cheap, sea, and could be enlarged to cover specific sneering way. I, like some colleagues of situations. I believe that to be very neces­ mine, have studied this subject, have read sary, because a recent development, particu­ about it, and have spoken to people who larly on the Gold Coast, has been the con­ are interested in it. I do not think that struction of canals and waterways to enable any of these problems can be dismissed neople to own houses bounded on one side lightly. I believe that they all warrant inves­ by water. It is my opinion that insufficient tigation, and that only a sensible approach, research was carried out before the canals tak·ing into consideration all aspects of the and waterways were constructed on the Gold matter, can produce a solution to the Coast. I was there in the early part of last problem of beach erosion. year when flooding took place, and I came It is only in recent years that any Govern­ away strongly convinced that develDpment ment department in Queensland or Australia of the type found at Florida Keys, for has set about doing any sort of research example, had been ill-conceived and not into beach erosion. Perhaps the leading carried out according to the best of authority in this field at the moment is the engineering principles, and was contributing Soil Conservation Service of New South to erosiDn. Wales, which, as a matter of sheer necessity, Mr. Hinze: A model test was carried out because of the destruction and havoc that at the University of Queensland. sand drift is causing in that State, has been forced into the position of undertaking Mr. SHERRINGTON: Yes, and a recom­ research work. mendation was made that a canal be cut tD I do not think that one can dismiss drain off flood water, but that work was never lightly anything that may lead to a solution undertaken because of its tremendous cost of the problem of erosion. Although the to the local authority. development of beaches has created this problem, more recently there has been an Mr. Hinze: That is going to be done. upsurge of beach-mining. I am conscious Mr. SHERRINGTON: I believe that the of the fact that the Act covering sand­ canal system contributed to the beach mining lays down measures that must be erosion. Although the Bill prescribes a taken for rehabilitation and restoration. narmw area of influence into the land, it However, many people argue that the extrac­ is wise and necessary to provide that, where tive process can, if not properly applied, there are special circumstances contributing lead to beach erosion. I believe that there to the erosion, the authority to be set up is considerable room for doubt as to whether shall have the power to recommend to the the measures for rehabilitation and restora­ Governor in Council that the area be tion that are now being undertaken are increased. effective. It can be shown quite conclusively -this is why the Opposition is suggesting Mr. W. D. Hewitt: That area is covered the inclusion of a botanist on the advisory by the Canals Act, isn't it? board-that insufficient research has been carried out into the restorative measures that Mr. SHERRINGTON: That may be so, are part of the conditions of sand-mining but legislation dealing with beach protection leases, and hon. members on this side of should contain specific terms so that no-one the Chamber believe that there is a heavy is misled and no loopholes can be found. obligation on the Beach Protection Authority Everything that contributes to beach erosion to ensure that the correct measures are taken must be adequately covered by a beach in the field of sand-mining. protection Bill. Mr. Hughes: Do you know of any area Mr. W. D. Hewitt: I raised the point that in which restoration work has been done there should be protection clauses in the Canals Act. after sand-mining and in which erosion has occurred? Mr. SHERRINGTON: It could also apply to sand mining. I shall have something to Mr. SHERRINGTON: Yes, I know of say about that later in my speech. many areas. Do not let us kid ourselves that the measures being taken in Queensland Mr. Hinze: How does canal development are the answer. Hon. members could argue affect beach erosion? ad infinitum about the contribution that sand-mining makes to erosion. Nevertheless, Mr. SHERRINGTON: Because the canals I remind them that no less eminent an were badly designed, I believe that flood authority than Dr. Barr, from New South waters back up in the canal areas and, in Wales, has listed that as a factor in sand Beach Protection Bill (2 APRIL] Beach Protection Bill 2757

·drift. Unless the absolute in beach restora­ or in undeclared areas. Again I say that I iion is achieved by the sand-mining com­ regard this as one of the great weaknesses of panies, their activities will lead to erosion. the Bill. If we have any stringent criticism, There must be strict supervision of the access it is that we do not think that in this measure to the beaches for machinery and trucks, the Government has gone all the way on because these can create conditions for a beach protection. wind-tunnel type of erosion. With the sort of background that I have Although the Minister may propose to indicated, I want to turn now to an examina­ · c.troduce amendments to tie up the sand­ tion of the legislation. To give this Bill the mining industry, there was no reference in title "Beach Protection Bill" is a complete t 11e original Bill to what direct jurisdiction :'le authority would have over the use of misnomer. I believe that my colleagues, nachinery in mining the beaches. particularly those on the committee that studied this Bill with me, will regard it not Mr. Hinze: Do you believe that sand- as a Beach Protection Bill but rather as a 1:1ining assists in the erosion? beach resuscitation Bill, because we formed Mr. SHERRINGTON: No, I did not say the opinion that it is only after a disaster that '.hat. The hon. member is not going to put the Beach Protection Authority will begin to words into my mouth. I assure him that function. l shall make my speech in my own way. Mr. Pizzey: You have made a good speech Mr. Pizzey: There are enough words there up till now. :already. Mr. SHERRINGTON: I can assure the Mr. SHERRINGTON: I have an hour and Premier that the speech will get better as it half in which to speak. It is not very proceeds. nften that I have such a privilege. I indicated at the introductory stage that As I have already indicated, erosion occurs we agreed entirely with the principle of unless corrective measures are taken. One beach protection, and I am not arguing that of the big problems today in the field of we are against it. However, I still reserve sand-mining-! do not intend at this stage the right to be trenchant in my criticism if I to criticise the sand-mining companies and believe that the Bill is weak. So far as t'Je measures they have taken, although I beach protection is concerned there are many believe they have been inadequate-is that grave omissions from the Bill, and, as I have once a beachfront has been mined and the already said, it can be regarded more as a restorative work has been carried out, land beach resuscitation Bill than as a Beach that was not previously accessible to the Protection Bill. I will support that conten­ public immediately becomes accessible to it. tion by argument as I proceed. Already there is plenty of evidence to show Although the Bill purports to deal with that the public now uses these mined areas beach protection, it is couched in such terms long before there should be any traffic over as to indicate that restoration rather than them. So that even if the sand-mining com­ prevention, or a combination of both, is its panies, with the best of intentions, carry out main function. Hon. members can read the restoration process, because there is this any clause of the Bill and they will see that narrowing gap between the time when the it refers only to areas that have been declared restoration work is carried out and when control areas. If the Premier said that the the public commences to use these areas, first thing this authority will do is to declare the whole of the restoration or rehabilitation the coastline from the border to the Far <;vork is lost. I hope that the Beach Control North a beach control area, then I would Authority will be cognisant of this fact and go along with him. But there are many that when it comes into operation it will areas on the coastline that will need the help take measures to see that the areas only and protection of this authority long before recently restored are not thrown open to they are declared beach-erosion control areas. the public so that any restoration efforts are We have no quarrel with the principle but lost. I believe that there is scope for argument As I said, in the original Bill there was no about the composition of the authority and reference to the jurisdiction that the authority its function. \vould have over sand-mining operations. The I want to deal with the Beach Protection Premier might argue that this is part of the Authority first. The Bill lays down the restoration measures under the terms of the principle that a Beach Protection Authority lease, but I believe that the mechanics of shall be set up. It provides for the inclusion beachfront mining do have a bearing on of six members on that authority who have .;;chemes for beachfront protection. Yet, as dual representation on the authority and the I say, there was no reference to it in the advisory board. Unfortunately no repre­ Bin. sentative of the Forestry Department is To my mind, one of the great weaknesses included in the Beach Protection Authority. of the Bill is that it does not indicate any I acknowledge that there is such a repre­ control over sand-mining companies or sand­ sentative on the advisory board but I believe mining operations, either in declared areas that a Forestry Department representative 2758 Beach Protection Bill [ASSEMBLY] Beach Protection Bill

has a very important part to play in the see the justification for representation of an functioning and final decisions of the organisation that holds a pecuniary interest authority. in the exploitation of our beaches. Mr. Hughes: What more would you want If I might carry this argument to its than that'? logical conclusion-and I do not support this proposition in any way-a case could be Mr. SHERRINGTON: If the hon. member made out for the inclusion of a repre­ will let me develop my argument he will see sentative of the land developers' organisa­ exactly why. tions, or a representative of the Chamber of Commerce, or some other commercial Mr. Porter: We appreciate what you are interest. doing. We are being helpful. If we single out for representation on Mr. SHERRINGTON: That is a matter of the board one group of commercial interests conjecture. It is a matter of opinion as far with a pecuniary interest in mining our as I am concerned. beaches, we can ask why should not the land developers exploiting the real estate on I have stated quite definitely that I believe our coast, or the Chamber of Commerce, that the Forestry Department has a very be included? important part to play. Although the Govern­ ment sees fit to include a representative of The Premier may indicate, as he did tonight, that important Government department on that information from the Rutile and Zircon the advisory board it has not seen fit to Advisory Board should be readily available. include such a representative on the authority. I believe that that should be so, but I fail I cannot see why that was not done. to see how he can justify the inclusion on this advisory board of a representative of Provision is made for the setting-up of an commercial interests with only one thing in authority consisting of six members. Such mind, that is, the exploitation of the beaches. composition leads to the distinct possibility of there being evenly divided opinion on a Mr. Hughes: You argue in favour of matter. I do not like the principle that has unions being represented on boards and com­ mittees in industrial matters. Why not been established in this, as in other legisla­ support mining interests with specialised tion, of the chairman having a casting vote in knowledge'? the event of an equally divided opinion. I am very much against the principal of a person Mr. SHERRINGTON: There is no parallel exercising two votes on such occasions. It or analogy. really means that one person resolves the whole question when the opinion is evenly The Bill stipulates that this authority will divided. be clothed with the powers of the Com­ missions of Inquiries Acts, 1950 to 1954. I believe that the inclusion of a Forestry It appears that the authority has every Department delegate would have not only possible safeguard for extracting information, given greater strength to the authority but from any source, whether it is volunteered or also would have eliminated the possibility not. In the restoration and protection of our of there being an evenly divided vote. The beaches that is essential. authority is too important to allow its While the Bill very carefully spells out functions to be dictated by the opinion of in a precise way that a representative of one person. The Opposition feels very commercial interests is to be included, it is strongly about this and at the appropriate reluctant to spell out that there shall be time we will move an amendment to provide a representative of the public interest. If for the inclusion of a Forestry Department I remember the clause, it says in effect that representative. an additional member of the Board, one The Bill sets up an advisory board with who would virtually be representing the departmental representation. It also provides public interest, will be picked by the Minister for representation by three local authority from a panel of names submitted to him. areas of influence, to which proposal the Why is there this discriminatory treatment? Opposition raises no objection whatsoever. Why on the one hand spell out the repre­ Indeed, we wholeheartedly support the sentative of commercial interests and, on principle that the advisory board should be the other hand, permit the Premier, or the built around Government representatives, Minister controlling this legislation, to pick plus a representative of the local authorities the person he wants to represent the public which, in the main, will be affected by the interest? At this stage apparently there is Bill. From that point on we believe that the no assurance that the public will be repre­ composition of the advisory board is suspect, sented. To use the same argument as I used to say the least. The Bill provides that the in relation to the commercial interests, the advisory committee of a group of commercial Minister could weil pick someone from the enterprises should be represented on the Chamber of Commerce or the land board. I refer, of course, to the Rutile and developers as being a reasonable representa­ Zircon Development Association, Queensland tive. There is no guarantee. Advisory Committee, being represented on Mr. Hughes: What about the shire council the advisory board. The Opposition fails to or the progress association? Beach Protection Bill [2 APRIL] Beach Protection Bill 2759

Mr. SHERRINGTON: As I read the Bill, Mr. Hodges: You can get an extension of the selection will be made from a panel of half an hour. names. Mr. SHERRINGTON: If the hon. member I pay tribute to the work carried out by is prepared to move it I am prepared to the South-east Queensland progress associa­ carry on, and I believe I could hold the tions through their beach erosion committee. interest of all intelligent members in this I am wondering if this measure is designed to Chamber for that length of time. ensure that Peter Nelson-Grade will not be on this board, even though he carried The Opposition recognises the worth of out tremendous work on beach-erosion civil engineering in beach protection. But prevention. He was one of the activating I believe that the value of civil engineering forces in the drive to convince the Govern­ work, whether it be contouring or other ment that it should introduce this measure. methods of beach restoration, is lost unless Why should we not spell out in no uncertain there are vegetative measures to strengthen manner the condition that it should be a it. There must be suitable plants and grasses and a suitable programme of planting. delegate from the ratepayers' organisation or Any members who took the trouble to read progress association, or whatever it may the screed produced recently by the Noosa be, instead of leaving it in the dark so that Parks Development Association or the South­ the Minister or the Premier has the right east Queensland Progress Association will to pick the additional member? realise the opinion held in various places Mr. Pizzey: You never know· you might by qualified people in this regard. be invited yet. ' Mr. Hodges: Have they done much of Mr. SHERRINGTON: The Premier could this? not do much better than to have me on it. Mr. SHERRINGTON: Of course, the hon. The Bill is guilty of omission in that it member wants to use this silly argument. omits the Government Botanist from the Let me tell him that a good deal of private advisory board. While the Premier might work is going on in this regard and these indicate, in reply to what I said at the intro­ people are guided by the results. They ductory stage, that we have the co-operation have sought the opinion of the Government of the Department of Primary Industries, I Botanist, about whom I have said so much believe it is essential that the Government tonight. They are guided in these matters Botanist or a qualified botanist be a member by experts such as Dr. Coaldrake and many of this advisory board. I have already others, surely hon. members opposite are not indicated that because of lack of knowledge going to try to rubbish the opinions of such of the vegetative measure-s and planting people by saying, "Have they done much of programmes that must be undertaken in beach rehabilitation or restoration it is this work?" essential that a board such as this should at Mr. Hodges: Where are the trial areas? all times have the services of a qualified botanist. Mr. SHERRINGTON: I think one of the most interesting is the work of Councillor Mr. Hinze: The board could get that know­ Rickman at Bribie Island. No-one can deny ledge without his being a member of the that he, in his own way, has made a tre­ board. mendous contribution to the knowledge of Mr. SHERRINGTON: It is essential that restoration measures in regard to vegetation. he be on the board. I pay a tremendous If hon. members opposite want to be on the compliment · to Mr. Selwyn Everist for the side of the sand mining companies, and research he has carried out in this regard. want to rubbish the opinions of these He has done a tremendous job in his capacity people- as Government Botanist and in his private Mr. Kaus: They are doing a good job capacity. He has interested himself in all of the vegetative restoration measures at Noosa. that have been implemented. He interested Mr. SHERRINGTON: What part of it? himself in the private undertaking of Councillor Rickman on Bribie Island and Mr. Kaus: Up near Double Island Point. at all times has been ready and willing to co-operate in this manner and to give Mr. SHERRINGTON: That is a matter to those people the tremendous knowledge of opinion, too. he has. There could be no better man on the advisory board than the Queensland Mr. Kaus: You probably didn't go and Government Botanist. If the Premier is have a look at that. not inclined to accept our suggestion and Mr. SHERRINGTON: Having dealt with amend the Bill accordingly we will move an amendment in Committee. the composition and authority of the board, it is not inappropriate that my next submis­ Mr. Pizzey interjected. sion should have regard to the duties and Mr. SHERRINGTON: Unfortunately I functions of the respective sections of the have only an hour and a half. If the Premier authority. It is from these that we draw has three or four hours to spare he should the conclusion that prompted my earlier come down to my office and I will enlighten remarks that the functions of the authority him on these matters. bear a close affinity to resuscitation rather 2760 Beach Protection Bill [ASSEMBLY) Beach Protection Bill

than protection. In broad principle, the opinion, local authorities with land on the authority is clothed with the function of beach front would welcome the advice of the declaring erosion control areas. That con­ authority relative to the opening of new veys the impression that it is only after a development, whether or not it was in a disaster has occurred that the authority will controlled area. I believe that, in the long commence to revive the "patient". run, maintenance costs to the local authority are reduced if deterioration is minimised, and Having reached this point, and having I think it is probably more important to seek indicated that there are to be certain beach advice, assistance, co-operation and expert erosion control areas, the Bill lays down knowledge from the Beach Protection Auth­ control measures for wind erosion, and ority before problems that have been created building operations. It forbids local authori­ in the past recur. ties to open up roads or subdivisions of land in erosion control areas. But what of sand Mr. Pizzey: That is the whole purpose of mining? If the beach protection authority the Bill. thought that sand mining was detrimental Mr. SHERRINGTON: The Minister may to an eroded area, there is nothing in the be able to convince me of that in his con­ Bill to say that mining should cease. That cluding speech, but I do not see anything in is a further indication of an omission from the Bill to convince me that a scheme must the Bill. If preventive action is perfectly be submitted to the authority if it is not in justified where there is beach erosion, it is an erosion control area. I believe that it must not unreasonable to imoose terms in an area be the function of the authority to examine other than the erosion- area requiring atten­ developmental schemes for the opening of tion. Where an area has been declared an roads, the subdivision of land, and permits erosion control area, we support the principle for building, whether in a declared area or that imposing such conditions is perfectly not. If a beach protection authority is to be justifiable, and believe that it is not unwar­ set up, that is the best way in which it could ranted, to say the least, to take such safe­ function. It should scrutinise all the schemes guards as forbidding the opening of roads, for the development of the beaches and the and the construction of buildings. beach front before erosion takes place. I believe that local authorities would welcome We believe also that if such stringent con­ such a provision. ditions are desirable in areas declared as erosion control areas, they are equally Mr. Hinze: That is exactly what it will do. desirable and should be implemented in new development on beach fronts. This is why Mr. SHERRINGTON: The hon. member I say that the Bill is in no way preventive for South Coast may be able to point to the but rather resuscitative. I believe that in clause that spells that out; I do not see any the interests of preventing further erosion of reference to it. I see a reference only to beaches and not repeating the mistakes of erosion control areas. the past, new land development, whether or One of the bases of the submission made not it be in a beach erosion control area, by the Beach Erosion Control Committee, should come under the scrutiny of the which suggested to the Government that it authority before any roads are opened, should bring in the Bill, related to one of buildings are built, or subdivision takes the very conditions of which I have spoken place. -that land adjacent to the beach areas, Mr. Hinze: Isn't that provided for in the whether Crown, leasehold, or freehold, be not Bill? subdivided before the proclamation of the Act. In my opinion, therefore, none of these Mr. SHERRINGTON: No, not the way areas should be developed unless they receive the Opposition reads it. the approval of the authority. If preventive measures of this type are taken before the Mr. Hinze: That is your interpretation. opening of areas on the beach front, I believe that there will be a general improvement and Mr. SHERRINGTON: Well, of course. that much of the erosion that one sees on The hon. member can say that it is our inter­ the beaches today will be prevented. pretation, but I think we are all intelligent men on this side of the House. I do not Although it might be thought that it is the think we are less intelligent than hon. mem­ ultimate to have a constructing authority set bers on the Government benches. A com­ up to supervise major schemes that may be mittee of about six or seven members of devised to prevent beach erosion-and hon. the Opposition studied the Bill and could not members on this side of the Chamber believe find in it any provision laying down that a that that would be desirable-the Opposition plan should be submitted to and scrutinised is of opinion that, under the authority of by the authority before any new development the Co-ordinator-General of Public Works, takes place. Unless it is within a beach the Beach Protection Authority should erosion control area, there is no obligation on become the constructing authority. Most of the local authority or the people concerned the people of this State use these beaches at to state to the Beach Protection Authority some time or other, and everybody in the the particular type of development that is State has a stake in their preservation. envisaged, whether roads, the building of Because of the fact that most of these beaches houses, or beach-front development. In my are used by the public as a whole, we believe Beach Protection Bill [2 APRIL} Beach Protection Bill 2761

that we should ask the public as a whole to sands. Despite the fact that several inter­ accept some responsibility for their protection, ested parties have protested to the former rather than dump all of it on the shoulders Minister for the Interior, Mr. Anthony; of the local authority. One of the great weak­ despite the protest which was couched in nesses of this Bill is that it seems to shift the terms that indicated that this was a dubious burden of costs for beach restoration and undertaking, to say the least, both from protection on to the shoulders of the local the short-term and long-term view; and authority. despite the fact that these people sought the assistance of no less eminent a geologist Mr. Hinze: Except for a 20 per cent. State than Dr. Fred Whitehouse, who very subsidy. lucidly presented a case that any break­ JI<'Ir. SHERRINGTON: I knew the argu­ through of the sea at Double Island Point ment would be advanced that the various local could lead to disaster on the coastline, authorities are paid a subsidy by the Govern­ particularly the area of the coastline which ment but surely the hon. member is not would come under the jurisdiction of this going to say that the responsibility can be Beach Protection Authority, the Common­ dumped on to the local authorities con­ wealth's attitude has not changed. As a cerned and that the Government can square matter of fact, the opinion of that eminent its conscience by giving them a 20 per cent. geologist is that any break-through of the subsidy! The authority should accept sea at that point could well endanger the responsibility for the beaches because they entire coastline in the Laguna Bay area south are used not only by the ratepayers in from Eight Mile Rocks, and could seriously the local authority area, but also by the erode the massive coastal dunes at Rainbow people as a whole. However, I do not want Beach, Cooloola and Teewah. Over a number to go any further into the question of local of years it could entirely wipe out the unique authority responsibility because that matter coloured sands area. will be handled by my colleague, the hon. I do not want to dwell on this matter member for Belmont who is chairman of because I think I have very adequately indi­ our local authority committee. cated my attitude and the attitude of the Mr. Hinze: Do you think the State should Opposition. This very valuable tourist asset carry a greater burden than the 20 per cent. should be preserved for use by future genera­ subsidy? tions. Any break-through of the sea at Mr. SHERRINGTON: I have said so Double Island Point could well lead to the a bout six times. I do not want to encroach complete destruction over a number of years on the contribution that will be made by of the whole of the area between Rainbow the hon. member for Belmont except to Beach and the southern end of Laguna Bay. say that this Bill seems to dump most of the responsibility on the shoulders of the When the decision to allow mining was .local authority. conveyed to the Noosa Parks Development ;'\sso~iation, it was pointed out that mining ! now raise the question of the jurisdiction m th1s area was to be allowed under certain that this Beach Protection Authority might stringent conditions. I believe that the reply have over areas of Commonwealth reserve. of the Minister for the Interior was an Several areas along our coastline are under example of crass parochialism, to say the the control of the Commonwealth and are used. in the main, as lighthouse reserves. least. It was pointed out to him that instead r think I could best illustrate the point I of allowing mining of that area he should be want to make in this regard by reference dealing with the desperate problem of the to the recent decision of the Commonwealth moment, which was to stabilise the area and Department of the Interior to allow the ensure that there was no break-through of extr;:.ction of minerals from the isthmus at the sea. It was pointed out to him that a Do:;ble Island Point. priceless asset would be endangered. Despite the fact that there would not only be erosion An Opposition Member: Was that not the of a Commonwealth reserve but a break­ one the hon. member for Hawthorne raised? through of the sea, which would lead to the eventual destruction of the massive sand Mr. SHERRINGTON: I know other mem­ dunes in the coloured sands area, this is bers of this Chamber have knowledge of what he had to say- thjs. "Let me now return to the specific case Mr. Kaus: I have been on that lease of Double Island Point. As I have men­ m,self. tioned above, the essential purpose of the Mr. SHERRINGTON: I ask the hon. Commonwealth Reserve at Double Island mem:;er to join the fight I am making; I Point is as the site for a lighthouse. The wili be glad to have his help. I suggest lighthouse is and always has been provi­ th2t he gets up in his caucus and urges sioned mainly from the sea by lighthouse the Government to move. Although Govern­ supply ships. Consequently, the expendi­ ment members may want to hop onto the ture of Commonwealth funds on positive hand-wagon, no-one can take away from conservation measures merely to guard ne the kudos for having raised in this against a possible break-through occurring l'~H'i

In other words, "What does it matter if a the degredation of a potential tourist and valuable asset belonging to the people of sporting resort from the status of the best Queensland should be destroyed? What does board-surfing area in the world to just it matter if the sea breaks through, because another beach." we can go on supplying our little lighthouse with a lighthouse ship?" That was the He then continued- parochial attitude that the Minister for the "But my main concern is the long-term Interior adopted. I believe that a protest in aspect. If such a breach were to be the strongest of terms should be lodged with made then, since all behind it is soft sand the Commonwealth Government, pointing in very high masses, wave scour at once out that although it might be all right to say, would set out to establish a new coastal "Blast you, Jack, I'm O.K. We will still curve of the type shown in Figure 1." supply our lighthouse with ships", the very He pointed out that the formation of the mining of that low dune area between Double Island Point lighthouse reserve and the main­ coast of Queensland in that area consists of land could well endanger the future of the a series of fish-hook patterns of long beaches coloured sands area. curving into headlands, with the headland representing the point of the fish-hook. He Mr. Ahem: Is that Mr. Nixon or Mr. then said that the new alignment would Anthony? eventually take the form indicated roughly Mr. SHERRINGTON: It was Mr. Nixon. by the dotted line of Figure 3. In other words, he said that the eventual result of any This decision was made by the present break-through would be to recreate this Minister for the Interior. After setting out fish,hook pattern of the beaches and, in all the problems, and saying this and that. the process of doing so, the colour sands it was apparent that he was not concerned of Rainbow Bay and Teewah would be com­ about the dunes, the welfare of the beaches pletely wiped out. or our Queensland assets. His decision tried to strike a compromise between the people Mr. Kaus interjected. protesting and the people who wanted to get in to mine the area. The strongest protest Mr. SHERRINGTON: The hon. member should be lodged with the Commonwealth is just proving the old saying that fools rush Government because the very areas to be in where angels fear to tread. affected if the sea breaks through are the The geological opinion about these areas areas which the Beach Protection Authority is that at one stage the coloured sands may well have to deal with and try to find extended 30 miles out to sea. In fact, the answer to the problem of erosion. it is considered that the coloured sands are all that remain of what was once a large As pointed out by Dr. Whitehouse, the mass that has gradually eroded over the geologist, the area was developed over the centuries. What does it matter, in the ages by the forces of the tide and the wind, Government's opinion, if it takes 10, 50, or and the geological structure of the coastline. 100 years to erode completely, because we Because this area which is to become the will not be here. That is not my attitude base for sand mining is unstable, there is a to the conservation of these wonderful pressing need to adopt immediate stabilisa­ natural assets. Regardless of whether it takes tion methods. 100 years, or 200 years, we should not be The Minister for the Interior, also indicated the idiots who take the first step to endanger in his letter that because of the build-up their future. in the area there is some doubt as to local boundaries, but, in any case, the sand Having read the submissions of Dr. mining would be carried out whether it Whitehouse and the reply of the Minister impinged on Queensland territory or not. for the Interior, I believe that the Minister I want to know what jurisdiction this Beach either cannot or will not understand the Protection Authority will exercise over the problem. It reminds me of the old saying very dangerous procedure to be instituted by that it is not that they do not know the the Commonwealth Government through the answer; it is just that they do not under­ Department of the Interior. stand the problem. Immediately it comes into being, the Beach Protection Authority I think the problem is best summed up should have a serious look at the possible in the case put forward by Dr. Whitehouse. consequences of this rather foolish act of After giving the technical details as to why the Commonwealth Govemment in mining the area should not be mined he summed the Double Island Point reserve. up the position in this way- "The nature of any prospective damage. Mr. Hodges: If it does not do it, it will If such a permanent breach did occur be cut off from the island. the effects would be of two kinds-those that would develop quickly and those Mr. SHERRINGTON: That is right. That which would occur in the distant future. is what I am urging. But what can we do Of those that would occur at once there to combat the irresponsible actions of the would be the isolation of the lighthouse Federal Government? It has been proved from the mainland; the loss of mineral conclusively over the years that the hon. reserves in the immediate vicinity; and member has opposed every submission that Beach Protection Bill [2 APRIL] Beach Protection Bill 2763

I have made on conservation. He seems a manner that will ensure that if we have to be right in the camp of the sand-mining not all the answers, at least we have some companies. of them. Mr. Camm interjected. I believe that the Opposition has approached this legislation in a responsible Mr. SHERRINGTON: Do not tempt me manner, and I do not think that the Premier on this one. I remind the Minister of a can charge us with attempting to score a question that I asked about the preserva­ political victory. tion of the Noosa Plains area. He said that Mr. Lickiss: You would be flat out. he believed in it implicitly-after he took all the minerals out. It did not matter that Mr. SHERRINGTON: The hon. member he created a desert in the process. The need not worry about that. If hon. members Minister for Mines should not come in on opposite want to take me on, there are this. I could have plenty to say about his many other points that I could raise if I attitude if he brings sand-mining legislation wanted to be political. However, I do not into the House. think the Opposition can be charged in any Mr. Camm: We at least put a term on way with trying to score a political victory um dredging leases. in this matter. Nothing resembling a political speech has been made from this side of the House. It is true that I have criticised the Mr. SHERRINGTON: If the Minister is Bill as being weak, and I sincerely believe so interested in this matter, why is there no it to be weak in important provisions. The reference in the Bill to some control over sand­ Opposition has indicated that it will move mining operations in these areas? Admittedly amendments that we believe will stengthen the Premier will move a belated amendment it. I do not believe that our submissions in Committee. The Premier has the right to should be dismissed lightly. accept or reject the submissions made by the Opposition-this is his prerogative-and The Premier has found it necessary to give while we might criticise these measures in notice that he will be moving many amend­ the strongest terms, I can assure hon. mem­ ments to the Bill. One will be moved bers that any statements made by the Oppo­ because the Bill does not provide that the sition are made only after a careful examina­ very important authority to be set up should tion of the Bill and a good deal of thought report to Parliament at any time. He has based on what we believe is our attitude indicated that, because I raised in my intro­ and on what should be done if the Beach ductory speech the desirability of making Protection Authority is to be given any real public the work and decisions of the teeth or meaning. I hazard the guess that authority, he will move an amendment to the Premier will not accept one amendment provide what I consider to be a very necessary moved by the Opposition. part of the Bill. It will require the authority to report to this Parliament. Mr. SPEAKER: Order! There is a long­ range conversation going on in the Chamber. I can give examples of reports that have never come before this House. The report :\1r. SHERRINGTON: We can only con­ on the railways by Professor Hytten, for jecture whether the PremieT will reject the example, never saw the light of day, and amendments moved by the Opposition and Opposition members and the public have whether he does so in a sense of pique or been kept in the dark on its recommenda­ otherwise. But he has that right and I assure tions. There was the sudden withdrawal of him that it was only after long deliberation the Bill of Rights, without any explanation of the committee, the executive of our party to Parliament, and many other similar and our Caucus that I was given authority happenings in the short time that I have to indicate the Opposition's attitude on this been here. matter. I believe that the opinions I have expressed and the attitudes that will be I believe that it is very necessary for expressed by other speakers represent the some prominence to be given to the report opinions of the responsible members of this of the authority so that Opposition members Assembly. I believe that they represent and the public can decide whether it is the opinions of people imbued with the functioning smoothly, or whether it is just thought that the time for procrastination in another political set-up similar to the Prices beach-erosion control has long past. Branch, which exists in Queensland in name only. I hope that this authority will never This is one thing in which it is no good suffer, as the Queensland Prices Branch has pandering to one section of the community. suffered, at the hands of the Government. In beach protection, we have, to coin a Whilst it is very desirable to have an phrase, to go all the way with it. The result authority such as the one proposed, I believe of damage to our beaches is that the burden it is also necessary for it to make regular of the cost of restorative work falls on the reports to Parliament. The Minister has ratepayers and taxpayers of Queensland. If no cause to shrug off, whether at this stage we have been guilty of mistakes in the past, or at the Committee stage, the submissions let us learn from them and apply positive that we will be making. He should not measures, and let us go about this task in shrug them off merely because he thinks 2764 Beach Protection Bill [ASSEMBLY] Beach Protection Bill that to accept them could be construed as Mr. SHERRINGTON: It is no use the a defeat for the Government or an hon. member's trying to insult me. I have Opposition victory. been insulted by experts. Mr. Pizzey: You have already said that Mr. Carum: I read that paper a long time several times. ago. Mr. SHERRINGTON: The Premier has Mr. SHERRINGTON: If the Minister has not heard the other amendments that I and read it, I hope he will not continue to adopt other members of the Opposition will move the idiotic attitude that he has adopted and that we believe will strengthen the Bill. tonight. In my opinion, this is a serious thought and one to which the Government I assure him that any amendment moved by should be giving careful consideration. the Opposition in the Committee stage will be moved because the Opposition believes Dr. Coaldrake said- that the Bill is deficient in certain respects "lt is depressing to consider how little and that the amendment it proposes will of the ecosystem of our coastal sands is strengthen its provisions. conserved in its entirety, especially in north eastern Australia where the destructive Mr. Hughes: Why not mention them now? pressures are increasing rapidly. Restora­ tion after mining or other disturbance can Mr. SHERRINGTON: The hon. member prevent drift, but it cannot restore some need not be concerned about by health or my of the unique vegetation, such as rain forest, which is destroyed by the disturb­ state of mind. I am in good form, as I think ance. Must the needs of mining and living I have indicated in this debate by the logic areas for recreation be allowed to destroy of my argument and by my physical fitness. irrenlacable natural ecosystems, or should There is no need for hon. members opposite representative samples of these be pre­ to worry about me. served in national parks without regard to the loss of immediate revenue or con­ With this attitude in mind, I believe that venience?" the Government has a grave responsibility I believe that one of the main responsibili­ to ensure that all the submissions of the ties of the Beach Protection Authority should Opposition relative to the Bill are scrutinised be to follow the pattern that was set in New carefully. I am sure that many of the South Wales, where, because of a clash of opinions expressed by hon. members on this interests between the sand-mining companies side of the Chamber will have a firm and people who were interested in pre· foundation in fact. Because of that, I look serving for posterity examples of our forward to the Premier's reply and his ecosystems and giving them the complete protection of national park status, the Gov­ reaction to the amendments that the Opposi­ ernment instituted the Sims Reserves Com­ tion will be moving. mittee, which made a thorough investigation Before resuming my seat, I should like into the needs for national parks on the to quote from a paper on the conservation of coastline of New South Wales. coastal sands delivered by Dr. J. E. As a result of this investigation, it was Coaldrake, the senior Research Scientist in able to establish that certain areas should th~ Division of Tropical Pastures, C.S.I.R.O., not be mined but should be given complete Bnsbane, at the Soil Conservation Collo­ protection. The principle was adopted that quium at the University of New England in mining should be excluded from areas of 1967. State forests and national parks and, because Mr. Camm: How many pages? of the attitude of the New South Wales Government, that State was able to preserve Mr. SHERRINGTON: The Minister need for posterity many of the features of natu~;;l not be worried about the volume of it. I beauty along the coastline. assure him that 98 per cent. of the speeches I hope that one of the first duties to that I make are prepared by myself, not by which the authority will apply itself will be officers of a department. to set up immediately a committee similar to the Sims Reserves Committee of Ne'eV I regard Dr. Coaldrake as one of the South Wales to go into the question of our people who have made an outstanding con­ coastal lands and to allow the beach area tribution to the study of the problems of soil in South-east Queensland to be preserved erosion, drifting sands, tropical pastures, and as national park; and possibly, what is more other things. important, the areas of our coastline that. although they will not be within the immedi­ Mr. Sul!lvan: I agree with you entirely. ate area of beach-erosion control, warrant early attention and a stabilised method of Mr. SHERRINGTON: Because of that, I ensuring their safety. wish to conclude my speech by referring the Debate, on motion of Mr. Ahern, House to his final remarks in this paper. adjourned. Mr. Carey: Hear hear! The House adjourned at 10.58 p.m.