361Establishment or abolition of toll gates at bridges, tunnels, and ferries

1. The Minister may from time to time, by notice in the Gazette,—

2. authorise a council to establish, by using the special consultative procedure, toll gates and collect tolls at any bridge, tunnel, or ferry within the district or under the control of the council; or
3. with the agreement of the council, abolish any toll gate or reduce the tolls to be taken at any toll gate if the Minister is of the opinion that any toll gate established by a council is not necessary or that the tolls taken thereat are excessive.

4. Any authority granted under subsection (1)(a) may be granted subject to such terms and conditions as the Minister thinks fit, including, but without limiting the generality of the foregoing provisions of this subsection, terms and conditions as to—

5. the tolls that may be taken:
6. the conditions under which the tolls may be taken:
7. the persons and classes of persons exempted from payment of the tolls:
8. the manner in which and the conditions on which tolls may be leased:
9. the distraining for or recovery of tolls:
10. the appointment and duties of collectors of tolls:
11. the making of any toll gate in the district clearing any other toll gate in the district or in any other district.

12. Notwithstanding the repeal by section 4 of the Local Government Amendment Act 1978 of sections 179 to 199 of the Public Works Act 1928, sections 206 to 211 of the Municipal Corporations Act 1954 and Schedule 9 of that Act, and sections 213 to 218 of the Counties Act 1956 and Schedule 4 of that Act, every toll gate established before the date of the commencement of this Part under any section so repealed and in existence immediately before that date shall continue in force on and after that date as if the said sections 179 to 199 or, as the case may be, sections 206 to 211 and the said Schedule 9 or sections 213 to 218 and the said Schedule 4 had not been repealed.

13. Nothing in this section or in any notice given under this section shall be construed to limit or interfere with the right to levy tolls on any bridge, ferry, tunnel, tramway, or toll gate granted to any person during the period for which the tolls have been so granted, except on payment of adequate compensation.

14. Every person commits an offence against this Act who—

15. evades the payment of any toll payable by him; or
16. resists or obstructs any toll keeper in the execution of his duty; or
17. falsely claims exemption from any toll.