Albert River, Burketown, and Lilydale Tramway Act of 1908 (8 Edw VII No. 13) (Qld)

II. LOCAL ACTS OF THE PARLIAMENT OF QUEENSLAND, 8° EDWARDI VII. RAILWAYS AND TRAMWAYS" .Albert River, BurketolOn, and Lilydale 'l'ramway Ad of 1908 ... 8 Edw: VII, No. 13 Hampden-Mount Elliott Railway Act of 1908 ... 8 " " 12 An Act to Validate an Agreement entered into 8 Edw. VII. between the Secretary for Railways, for and on TH~ OA~ ! ~ RT . behalf of the Government of Queensland, and BU~ ~~ ; ~~ VN, The Q ueens 1 an d S I Ol ver L ead M" Ines, LI" m"lted, fi or AlNRDALMILWYADYALE the Construction of a Line of Tramway from UT OF 1908. the Mouth 'of the Albert River by way ofBurke- town to the Lilydale Mine, and to Authorise the Construction of the said Tramway, and to make Provision for Matters incidental thereto. [ASSENTED TO 21ST APRIL, 1908.J W HEREAS by " The Albert River, Burketown, and Preamble. Lilydale Tramway Act of 1900"* (hereinafter referred to as the Principal Act) The Queensland Silver Lead Mines, Limited, its assigns and successors in interest (therein and hereinafter referred to as the Company), for the purpose of connecting Burketown and also certain valuable mineral lands at Lilydale .with a port on or neal' the mouth of the Albert River, was authorised and required, subject to the provisions of the Principal Act, within five years from the date of the passing of that Act, to construct and thereafter maintain a main line of Tramway one hundred and twenty miles or thereabouts in length, com- mencing at the Ballast Ground, on or near the mouth of • 64 Vie. No. 19, 8Up1'a, page 7400.

9354 RAILWAYS AND TRAMWAYS. Albert River, Burketown, qv., Tramway. 8 Enw. VII. No. 13, the Albert River, and thence proceeding by way of Burke- town to the Lilydale Mine, liy a route delineated in the Schedule to the Principal Act in accordance with plans, sections, and book of reference to be deposited in the Office of the Commissioner for Railways (in the Principal Act and hereinafter called the Commissioner), at Brisbane, and to be approved as in the Principal Act provided: And whereas by " The Albert River, Burketown, and Lilydale Tramwa.'I Act Amendment Act of1905"* (herein- after referred to as the Amendment Act) the limit of time prescribed by the Principal Act for the construction of the tramway was extended until the thirty-first day of Decem- ber, one thousand nine hundred and seven, but subject to the conditions and stipulations set forth in the Amendment Act: And whereas the Company duly made the several money deposits required by the Principal Act and the Amendment Act respectively, amounting to a total sum of five thousand pounds, which said sum still remains in th~ name of the Commissioner, and is held by him under and for the purposes of those Acts: And whereas the Company has expended considerable sums of money in connection with the said undertaking and the said mineral lands, but has hitherto been unable to construct the tramway: And whereas the Company is in possession of certain mineral lands held under mineral lease and applications and promise of such lease, at Lilydale aforesaid, under and subject to the Principal Act, and of a certain water right at Louie Creek, Lawn Hill, which said leases and applications and promise of lease and water right are more particularly described in the schedule to the agreement hereinafter referred to, and are hereinafter comprehensively referred to as the Mineral Leases: And whereas, by reason of the failure of the Company to construct and complete the tramway within the limits of time respectively prescribed by the Amendment Act, the sum of five thousan~ pounds hereinbefore referred to was on the first day of January, one thousand nine hundred and eight, absolutely forfeited to and became the property of His Majesty, and, moreover, the right on that date accrued to the Governor in Council to declare the Mineral Leases (other than the water right aforesaid) to be forfeited to His Majesty: 11< 5 Edw. VII. No. 14, supra, page 9027.

RAILWAYS AKD TRAMWAYS. 9355 1908. Albert River, Burketown, 9'c., Tramway. And whereas the construction of the tramway would <>pen up and develop large areas of Orown lands for pastoral, mining, and other purposes, and would otherwise be of public and local advantage: And whereas, on the eighth day of April, one thou- sand nine hundred and eight, an agreement was entered into between the Secretary for Railways, for and on behalf of the Government, and the Oompany, for the construction of the said line of tramway, a copy of which agreement is set forth in the Schedule to this Act: And whereas the Oompany has duly made the further money deposit of five thousand pounds required by the said agreement, and such sum is now held by the Oom- missioneras security under and for the purposes of the said agreement: And whereas it is desirable that the said agreement should be validated by an Act of Parliament, and that the construction of the said line of tramway in aCQordance with the said agreement should be duly authorised: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Oouncil and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as "The Albert River, Short title. Burketown, and Lilydale Tramway Act of 1908." 2. (1.) 'rhe agreement entered into on the eighth Validation of day of April, one thousand nine hundred and eight, ~ f: e~ e~ t] between the Secretary for Railways, for and on behalf of ~ c e u e. the Government, and The Queensland Silver Lead Mines Limited, for the construction of a line of tramway from the mouth of the AlbeIt River by way of Burketown to the Lilydale Mine (hereinafter referred to as the tramway), and for the maintenance, management, ana working of the same, a copy of which agreement is set forth in the Schedule to this Act, is hereby validated. (2.) The construction, maintenance, management, and Construction, working of the tramway in pursuance of the agreement ~ : thorised. are hereby authorised and approved. (3.) All sums of money which, in pursuance of the ~ ppropria. agreement, may from time to time become payable by the tron. Government are hereby appropriated for the purpose. lL

RAILWAYS AND TRAMWAYS. Alhert Rit'er, Burlcefown, !fc., Tramway. 8 EDW. VU. No. 13, THE SCHEDULE. AGREEMENT entered into this eighth day of A pril one thousand nine- hundred and eight betwePll the Honourable GXORGE KERR Secretary for Railways of the State of Queemland for and on behalf of the- Government of the said State (hereinafter called '" the Minister") of the one part and THE QUEENSLAND SILVER LEAD MINES LIMITED being: a Company duly incorporated and registered as a Limited Company in accordance with the laws of the said State its assigns and successors in interest and hereinafter called "the Company" of the other part Whereas by " The Albert River Burketown and Lilydale Tramway Aot of 1900"* herein called" the Principal Act" the Company for the purpose of connecting Burketown and also certain valuable mineral lands at Lily- dale with a pJrt on or near the mouth of the Albert River was authorised and required subject to the provisions of that Act within five years from the date of the passing of that Act to construct and thereafter maintain a main line of Tramway one hundred and twenty miles or thereabouts in length commencing at the Ballast Ground on or near the mouth of the- Albert River and thence proceeding by way of Burketown to the Lily- dale Mine by a route delineated in the Schedule to that Act and herein- after called" the Tramway" in accordance with plans sections and book of reference to be deposited. in the Office of the Commission.-r for Rail- ways of the said State in that Act and hereinafter called "the Commis- sioner" I;\t Brisb~ ne and to be approved as in that Act provided An<i whereas by " The Alhert River Burketown and Lilydale Tramway Act Amendment A~ t of H105 "t herein called "the Amendment Act" the limit of time prescribed by the Principal Act for the construction of the- Tramway was extended until the thirty-first day of December 1907 but subject to the conditions and stipulations set forth in the Amendment Act And whereas the Company duly made the several money deposits. required by the Principal Act and the Amendment Act respectively amounting to a total sum of Five thousand pounds which said sum still remains in the name of the Commissioner and is held by him under and for the purposes of those Acts And whereas the Company has expended considerable sums of money in connection with the said undertaking and. the said Mineral Lands but has hitherto been unable to construct the- Tramway And wherea~ the Company is at the date of these presents in possession of certain mineral lands held under Mineral Lease and applica- tions and promise of such lease at Lilydale aforesaid under and subject- to the Principal Act and of a certain Water Night at Louie Creek Lawn Bill which said leases and applications and promise of lea~ e and Water- Right are more particularly described in the Schedule to this Agreement and are hereinafter comprehensively referred to as " the Mineral Leases ,.. And whereas by reason of the failure of the Company to construct and complete the Tramway within the limits of time respectively prescribed by the Amendment Act the said sum of Five thousand pounds herein- before referred to as deposited by the Company and held as security by the Commissioner which sum is herein referred to as "the former- deposit" was on the first day of January 1908 absolutely forfeited to and became the property of His Majesty and moreover the right on that date- accrued to His Excellency the Governor by and with the advice of His Executive Council herein referred to as "the Governor in Council" to declare that each and every of the Mineral Lea~es (other than the Water Right afore~ aid) is forfeited to His Majesty And whereas the Company is desirous of continuing to hold the Mineral Leases and to further develop and adequately test the Mineral Lands comprised therein And whereas unless the Tramway were constructed the paid • 64 Vie. No. 19, supra, page 7400. t 5 Edw. VII. No. 14, supra, page IJ027.

1908. RAILWAYS AND TRA~ WAYS. Albert River, Burkefowll, 4'0., Tramwa.1!. Mineral Lands could not be profitably developed and worked And whereas the construction of the Tramway would open up and develop , large areas of Crown Lands for pastoral mining and other purposes and would otherwise be of public and local advantag-e And whereas the parties have agreed to procure the construction of the Tramway and its maintenance management control and working by the Commissioner upon the terms conditious and stipulations hereinafter set forth And whereas concurrently with the execution of these presents the Company has made a further money deposit of Five thousand pounds which said deposit is to be held by the Commissioner as security under and for the purposes of this Agreement and is to be dealt with in manner hereinafter specified and is herein referred to as "the further deposit" Now this Agreement witnesseth that in consideration of the premises and of the re8pective covenants conditions and stipulations hereinafter contained the said parties do and each of them doth mutually covenant promise and agree with and to the other of them as follows that is to say 1. From and after the execution of these presents all the powers authorities duties and obligations of the CompAny under "The Albert River Burketown and Lilydale Tramway Acts 1900 to 1905"4 shall abso- lutely cease and determine save and except to such extent as by this Agreement any of the same is or are expre~ sly preserved and retai.ned. Provided that nothing in this Agreement shall be construed to discharge or relieve the Company from the restriction and obligation imposed upon the Company by section seven of the Principal Act with respect to the Mineral Lands of the Company therein referred to. 2. Subject to the express provision hereinafter contained relating thereto the whole amount of the former deposit was on and from the first day of January 1908 absolutely forfeited to and became the property of His Majesty. . . The Company shall not after the thirty-first day of December 1907 under any circumstances be entitled to receive or be credited with any interest upon or in respect of the said deposit. . 3. Immediately upon the execution of these presents the Company shall deliver to the Commissioner the further deposit that is to say a fixed deposit receipt in the name of the Commissioner in the Queensland National Bank Limited for the sum of Five thousand pounds and bearing intereflt at current bank rate. The further deposit and interest thereon shall be dealt with as hereinafter provided. 4. The Mineral Leases and each and every of them shall continue in full force and effect notwithstanding their liability to forfeiture on the ground hereinbefore mentioned and the right of the Governor in Council to declare such forfeiture on such ground is hereby waived and the provisions of subsection three of section twenty-four of the Principal Act shall continue to apply to all such Mineral Leases. 5. The Minister shall without unnecesRary delay endeavour to obtain the ratification of this Agreement by the Parliament of Queensland and full power for the construction and working of the Tramway and for all things pertaining to an Agreement covering the conditions hereof. 6. Within two months after the date of the ratIfication of this AgrE'ementby Act of Parliament the Company shall enter Ilpon the development of one or more of the portions of Mineral Lands held by it under Mineral Lease as aforesaid and until the Company makes the ~ eposit towards the cost of construction of the Tramway hereinafter provided for or unleBs and until the Company has given to the Commis- sioner notice in writing that it doe!! not intend to make ~ uch depo~ it the «< 64 Vie. No. 19, supra, page 7400; and I) .Kdw. VU. No. 14, supra, page 9027.

r I 9358 RAILWAYS AND TRAMWAYS. Albert River, Burketown, 9'0., Tramway. 8 EDW. VII. No. 13, Company shall in each quarterly period respectively of each year expend in and about the development aforesaid and necessary incideutal work a total sum of at least .Three thousand pounds. For the purpose of deter- mining whether the Company is in all respects observing this condition of this Agreement the Company when and so often as is required by the Under Secretary of the Department of Mines of Queensland or other officer of that Department designated by him for such purpose shall permit the inspection of all necessary books of account vouchers writings and documents and the written Certificate of such Under Secretary or other such officer as aforesaid given to the Commissioner shall be conclusive evidence of the fact of the observance or otherwise of this condition by the Company during the period to which such Certificate relates. Provided that the Miuister may from time to time in his discretion and upon being satisfied that good reasons exist for so doiug g-rant to the Company exemption from the observance of this condition for such period as he may approve. 7. At any time within three years after the date of the ratification of this Agreement by Parliament the Company may give notice in writing to the Commissioner requiring him to make a survey of the route of the Tramway and to prepare the necessary plans sections and book of reference and to make an estimate of the cost of construction of the Tramway. Upon the receipt of fluch notice the Commissionel· shall without delay furnish to the Company an estimate of the cost of such survey and preparation of plans and other documents and the Company shall there- upon pay three fourths of such cost to the Commissioner. The Commis- sioner shall then without delay make such survey and shall prepare such other plans and documents as he may deem necessary and shall by writing under his hand certify what is the estimate of cost of the survey and of the construction of the Tramway. Provided that in the performance of his duties under this paragraph of this Agreement and before giving the said cf'rtificate the COJ:!lmissioner shall consult with the representative of the Company appointed by it in that behalf upon all matters relating to the details and cost of construction upon which consultation ma.v be necessary or desirable and shall afford to such representative all such information and access to all such docu- ments and writings in the possession or control of the Commissioner as will assist such representative in verifying the Commissioner's estimate of constructional cost. The costs and expenses incurred by the Commissioner in the per- formance of his duties under this paragraph of this Agreement shall be included in his said estimate of constructional cost. The said certificate of the Commissioner shall for all purposes be taken as conclusive evidence of the estimated cost of the survey and of construction and equipment of Tramway. 8. For the purpose of the Commissioner's said estimate of construc- tional cost and for all other purposes of this Agreement the necessary wharf and wharfage accommodation at the terminal port at the Ballast Ground shall be deemed to form part of the Tramway. . . 9. The permanent survey of the route of the Tramway shall be made in accordance with the route delineated in the Schedule to the Principal Act and the Tramway if constructed Rhall be constructed by such route. Provided that the Commissioner may in constructing the Tramway make such alterations and deviations of such route as he considers expedient not exceeding two miles on either side of the line as shown on the plans and sections prepared by him as aforesaid.

RAILWAYS AND TRAMWAYS. 1908. Albert River, Burketown, g-c., Tramway. 10. Upon completion of the survey and within six months of the delivery to the Company of the Commissioner's certified estimate of construction cost the Company shall deposit with the Commissioner three fourths of such estimated construction cost which shall include cost of rolling stock necessary to work such Tramway. If the Company shall fail to make such deposit within the time so specified or if the Company gives to the Commissioner notice in writi ng as in ·Clause 6 herein before referred to that it does not intend to make such deposit all leases of the Company and all rights of the Company under this Agreement shall thereupon be and become absolutely forfeited. 11. If the Company makes the deposit towards the cost of con- struction mentioned in the last preceding clause (a) The amount of the former deposit (together with any interest accrued due thereon up to but in no case after the thirty-first day of December 1907 remaining unpaid to the Company) shall be appropriated as part of the Company's said deposit and (b) The amount of' the further deposit shall be appropriated as part of the Company's said deposit and until expended shall bear interest accordingly at the rate hereinafter specified. (c) The amonnt paid in respect of the cost of survey shall be appropriated as part of the Company's said deposit and the total amount to be deposited in actual money by the Company towards the cost of construction shall be accordingly ascertained after such amounts are allowed for. 12. When the Company has made the deposit towards the cost of construction mentioned in Clause 10 the following provisions s~ all take effect that is to say (i.) Within I six months after the date of such deposit the Commi~ 8ioDer shall commence to construct the Tramway and sh..ll wholly construct and complete the Tramway before ~he expiration of two years and six months after the date OftSUCh deposit but subject to any allowance for any loss of ime caused· by strikes perils of the sea act of God or othe unavoidable delay for which the Government or the Commissioner cannot justly be held responsible. . (ii.) The Company having paid the deposit named in Clause lO shall not be required to expend any further moneys under t his Agreement in the development of any of the Mineral Lands held by it under the Mineral Leases and until the completion of the Tramway shall be exempted from the performance of any labour conditions in respect of any other mineral lands which may be held by it under Mineral Lease subject to "The Mininq Act of 1898"* or any Act amending or in substitution for that Act. (iii.) The Company shall be entitled to interest upon the total amount of the said deposit mentioned in Clause 10 for the time being remaining unexpended (other than upon the amount of the former deposit) calculated at the rate of Three pounds per centum per annum and such interest shall be computed half yearly as on tIle thirtieth day of June and the thirty- fir~ t day of December in each year while any part of the said depo~ it (other than as aforesaid) remains unexpended. * 62 Vie. No. 24, supra, page 6609. 9359

9360 RAILWAYS AND TRAMWAYS. .Albert River, Burketown, gro., Tramway. 8 EDW. VII. No. 13, (iv.) The total amount which the Company shall be required to depo~ it shall be the amount ascertained as hereinbefore provided. If the total cost of construction of the Tramway proves to be in excess of the Commissioner's said certified estimate the Tramway shall nevertheless be completed at the cost of the Government and without any extra cost to the Company. If the total cost of construction of the Tramway proves to be less than the Commissioner's said certified estimate a sum equal to three fourths part of the amount of the saving thus effected shall upon the completion of the Tramway be r<'paid by the Commissioner to the Company. (v.) For the purposes of this Agreement the actual cost of the comtruction of the Tramway shall include any sums paid by the Commissioner for or in respect of dnty freight carriage and insurance and of labour including supervision inspection and survey and all purchase money and com- pensation payable in respect of lands resumed including costs and expenses incurred in connection with the resumption thereof. All payments mad!' by the Commissioner shall be dnly vouched for and vouchers for such payments shall be duly andited by some qualified person approved by the Company and the Commissioner and if in such person's opinion such payments are fit and proper charges against the Tramway Constrnction Account shall be passed by him. The total amount of such vouchered expenditure shall be the actual cost of construction of the Tramway. (vi.) Upon the completion of the Tramway the Commissioner shall by his certificate which certificate shall be final and conclusive declare the actual cost of the construction of the Tramway and shall in such certificate expressly declare (a) The total amount deposited by the Company towards such cost (b) The total amount contributed by the Government towards such cost. If and when any section of the Tramway is opened for public traffic before the completion of the whole line the Commissioner shall make an interim certificate to the effect aforesaid relating only to such section. (vii.) Save as by this Agreement is expressly provided until the expiration of fifteen years from the date of the comple- tion of the Tramway the Company shall not have any right or claim to the repayment of any part of the amount of its deposit towards the cost of construction of the Tramway or to be paid or receive any interest on the construction deposit when expended. 13. The Tramway shall be constructed maintained managed and worked under and subject to the Railway Acts relating to the Govern- ment Railways of the State of Queensland save in so far as the pro- visions of those Acts are modified varied or negatived by this Agreement. Provided always that none of the provisions of "The Railways .Act 0{1906"* shall apply to the Tramway. ., 6 Edw. VII. No. 15, 8upra, page 9109.

RAILWAYS AND TRAMWAYS. 1908. Albert River, Burketown, 9'c., Tramway. 14.. The Tramway when completed or such section of it as may from time to time be approved of for the purpose. by the Commissioner shall be opened for public traffic and shall be worked manned and main- iiained by the Commissioner with his own staff and shall vest in the 'Commissioner as a Government Railway. 15. During the currency of this Agreement the Commissioner shall maintain the Tramway in good and efficient repair reasonable Weftr and tear being allowed. for and the Commissioner shall not without tre written consent (If the Company part with the management or control of the Tramway and the Company shall not without the consent of He ftovernor in Council execute any document or instrument in connection with the Tramway which may have the effect of impeding or interfering with the peaceful and absolute possession and control of the Tramway by the Commissioner. 16. During the currency of this Agreement the rates of tolls fares freights and char~ es for the carriage of goods live stock parcels and passengers to be charged by the Commissioner on the Tramway shall be -<lalculated on a mileage basis and shall be greater by fifty per centulU than the highest rates authorised by by-laws of the Commissioner in force at the date of these presents for similar traffic on a14Y Government Railway in the Northern District of Queensland. Such rates shall apply -equaliy to all persons and the Company shall hale the right of inspection of all accounts books and documents connected with the traffic on tt.e Tramway but the Commissioner may (with the written consent of He -Company and for the purpose of promoting traffic and the development ·()f the district served by the Tramway) undertake to carry minerals and ores of different qualities and any other special classes of guods Ht reduced rates of freight to be approved of by the Company. Provided however that any slIch reduction of rates of freight shall be determinable at any time upon three months' previous notice being .given to the other by either the Commissioner or the Company. 17. If at any time during fifteen years after the completion of the Tramway the rolling stock provided by the Commissioner for the Tram- way proves for the time being insufficient for th;) conveyance of all the goods then requiring to be comeyed by the Tramway the Commissiom,r shall give preference to any goods of the Company requiring so to be conveyed. Subject to this provision the Commissioner shall not make or give any undue or unreasonable preference or advantag" to or in favour of any particular person or class of persons or any particular description {,f traffic or subject any particular person or class or perdons or any particuh,r description of traffic to any undue or unreasonable disadvantage in any respect whatsoever. 18. At any time not later than ten years after the completion of the main line of Tramway the Company may from time to time give notice in writing to the Commissioner that it desires a branch line of Tramway- to be constructed but in no case exceeding twenty miles in length COll- necting with such main line. Every such notice shall be accompanied by all such particlllars as are necessary to enable the Governor in Conncil to decide whether the ·construction of such branch line is desirable. Every such application 8ha11 be submitted by the Commissioner for the approval or otherwise of the Governor in Council and such approvd may be signified by Order in Council published in the GOI'ernrnent .(Jazette. ]f the construction of any such branch line is so approved the -Commissioner shall make the necessary survey and prepare the necessary plans sections and book of reference and make a certificate of his •

9362 RAILWAYS AND TRAMWAYS. Albert River, Burketown, 9'0., Tramway. 8 EDw. VII. No. 13, estimate of the cost of construction whereupon the Company shall forth- with deposit in the hands of the Commissioner an amount equal to three- fourths part of the amount of such estimate and upon such deposit being made the said branch line shall be constructed by the Commissioner- without undue delay. Every such branch line so approved shall for the purposes of contribution to cost of construction and construction maintenance control management and working under this Agreement be deemed to be part of the Tramway and except where otherwise stated all the provisions of this, Agreement relating to the Tramway and in especial the verification of actual cost of construction the disposal of net profits the computation of its value and the payn:ent of a proportion of such value to the Company at the end of fifteen years from the date of the completion of the main line shall be read and construed so as to extend and apply to any branch line or part thereof proposed to be constructed or constructed under the provisions of this paragraph of this Agreement. Provided that if the Company fails upon dpmand to make the deposit as aforesaid towards the cost of construction of any such branch line any costs and expenses incurred by the Commissioner up to the date of such failure in connection with the branch line shall be repaid by the Company to the Commissioner and until payment in addition to any other remedy for the recovery thereof shall be a first charge upon the net profits arising from the Tramway. Provided further that the expression "completion of the Tramway" wherever used in this Agreement shall be construed to refer only to the completion of the main line of the Tramway. 19. With the consent of the Governor in Council the Company may from time to time assign or transfer to any person all or any the rights powers privileges authorities concessions interest and property conferred upon the Company by this Agreement. Upon every such assignment or transfer the assignee or transferee shall so far as the assignment or transfer extends have the same rights powers and privileges and be subject to the same duties obligations and penalties as the Company has 'and is subject to under this Agreement Provided that no such consent to any such assignment or transfer to any corporation or joint stock company shall be given by the Governor in Council unless or until such corporation or joint stock company has been dul.Y registered in Queensland in accordance with "The Oompanies Act 1863"* or " The British Oompanies Act of 1886"t or duly registered in the Commonwealth in accordance with some general Act of the Parliament of the Commonwealth. 20. To secure the payment of any money borrowed by the Company for the purposes of this Agreement the Company may from time to time issue debentures or give and execute mortgages or other charges or securities over the concessions interests and property conferred upon the Company by this Agreement. Such debentures or securities may be in such form and contain such provisions not inconsistent with this Agreement as the Company con- siders expedient. Provided always that no person shall under or by virtue of any such debentures or securities have any right authority claim or remedy to delay hamper or restrict or otherwise prejudice the Commissioner in the ownership p08Hession management control and working of the Tramway or any completed section thereof or in retaining peaceful and absolute ownership and possession of the Tramway discharged from all such debentures and securities. • 27 Vie. No. 4, supra, page 144. t 50 Vie. No. 31, supra, page 198.

RAILWAYS AND TRAMWAYS. 1908. Albert River, Burketown, q-c., Tramway. 21. From and after the opening of the Tramway or any completed fiection thereof as aforesaid to public traffic and until the expiration of a period of fifteen years after the completion of the Tramway accounts of the Tramway shall be kept and half yearly balances except for the first and last periods which may not be six months shall be made and the Commissioner shall by his certificate which shall be final and conclusive as Boon as possible after the thirty-first day of December and the thirtieth day of June respectively in each year declare what the gross revenue of the Tramway has been for the last preceding six months and after deducting all sums on account of the management working and main- tenance of the Tramway for the same period declare what the net profits hl; Lv~ been. . The amount of such net profits for each such period shall be appro- priated as folluws FIRSTLY.-The Commissioner shall retain such portion of the amount of such profits as is equal to interest at the rate of Three pounds ten shillings per centum per annum on the total contribution by the Government to the cost of construc- tion of the Tramway (or ~ uch completed section as evidenced by a certificate of the Commissioner given as hereinbefore provided which certificate shall be final and conclusive) and the amount of such interest shall for each year ending the thirtieth day of June be a first charge upon such profits. SECONDLy.-The residue if any of such profits shall be paid by the Commissioner to the Company. If during any vear ending as aforesaid there are no such net profits any loss shall be borne by the Government and the Company shall be under no liability or obligation in respect of any such loss. If during any year ending as aforesaid such net profits do not amount to interest at the rate aforesaid on the. total contribution by the Government to the cost of construction of the Tramway (or completed section as the case may be) the Commissioner shall retain all such profits but the Company shall be under no liability or obligation to make good any such deficiency in respect of such intereHt. Save as aforesaid the Company shall not have any right or claim to participate in the profits arising from the Tramway. The expenditure during € ach half year shall be classified as follows (a) Maintenance per mile open (b) Management and working expenses per train mile including a proper allowance for the use of any rolling stock supplied by the Commissioner for the use of the Tramway. The amount to be allowed uuder the head of management and working expenses shall be at a rate to be mutually agreed on by and between the Commissioner and the Company. For the purpose of this paragraph of this Agreement each year ending the thirtieth day of June shall be considered separately from each other such year and the balance of account to debit or credit shall not be carried forward to another such year or years. 22. At the end of fifteen years after the date of the completion of the Tramway the value of the 'framway shall be computed on the follow- ing basis namely As being a sum equal to twenty-eight and four-sevenths times the amount of the average yearly net earnings (that is tt) say the excess of receipts over maintenance management and working expenses) of the Tramway during the last preceding period of five years. 9363

9364 RAILWAYS AND TRAMWAYS, Albert River, Burketown, q-c., Tramway. 8 :«;DW. VII. No. 13, 23. The Company shall thereupon become entitled to receive from the Commissioner a sum bearing the same proportion to the value of the Tramway so computed as the total sum deposited by the Company towards the cost of construction of the Tramway bore to the actual total cost of survey and construction thereof. And such sum when received by the Company shall be received and accepted in full satisfaction and payment of the total sum deposited by the Company towards the cost of construction of the Tramway and of all rights claims and demands by the Company on account of the Tramway other than any ascertained and certified profits accrued due to the Company under this Agreement and remaining unpaid. And save as last aforesaid the Commissioner and the Government of Queensland shall be released and discharged from aU liability or obligation to the Company under this Agreement or any matter or thing arising thereunder. 24. The payment by the Government of such sum as aforesaid shall be m'lde in London to the Company or its nominee and may at the option of the Government be made either in cash or in debentures bearing interest at four per centum per annum. If payment be made in debentures such debentures or any portion of them shall be redeemable at par on the first day of January 1952 subject to a right of redemption by the Government on the first day of January 1932 at par upon the Government giving six months' prior notice of its intention to· redeem at the earlier date. 25. The area of land occupied by or uS'3d in connection with the Tramway shall not be taken to be rateable land within the meaning of " The Local Authorities Act of 1902"* or any Act amending or in sub- stitution for the same. But this provision shall not be taken to exempt the Company from liability to pay any rates which may by law be or become payable in respect of any lands owned or occupied by it. 26. Nothing in this Agreement shall prevent the Government from at any time constructing and thereafter maintaining !lny line of railway or tramway in continuation of the Tramway or any collateral branch railway or tramway communicating or connecting with the Tramway. 27. Nothing in this Agreement shall give the Company any claim to compensation in the event of the Commi~ sioner being at any time authorised by Parliament to construct any line of railway or tramway the construction of which may be deemed to injuriously affect the Tram- way. 28. In case of any difference or dispute arising between the parties as to the amonnt to be paid by the Government to the Company after the expiration of fifteen years from the date of the completion of the Tramway or for profits or for any other matter or as to any claim or <lemand by the Government or the Commissioner again~t the Company under this Agreement or arising touching this Agreement or any matter Br thing thereunder the matter in difference or dispute shall be settled by arbitration. Each party shall appoint one arbitrator and in the event of such arbitrators failing to agree upon any question submitted to them such question shall be determined by a Judge of the Supreme Court of Queensland acting as umpire in the matter whose decision shall be final. 2 Edw. VII. No. 19, supra, page 8355.

RAILWAYS AND .TRAMWAYS. 1908.. AlbertRiver, Burketown, 9'c., Tramway. . Such submission to arbitration shall be subject to the provisions of the" Interdict Act ofI867.". . Provided that the arbitratiou proceedings shall be conducted in Queensland. In witness whereof the Minister and the Chairman of Directors of the Company for and on behalf of the Company have hereunto set their hands the day and year first hereinbefore written. 9365 THE SCHEDULE HEREINBEFORE REFERRED TO. PART I. Number of . Lease. MINERA.L LANDS HELD UNDER MINEltAL LEASE. , Name of Leasehold. Area. ... ... . . . . . . . ... ... . A. R. P. 3 1 2 96 ELSSiiialllvsvyteedrrSalKKteaiirnngg :K . . '" . .. . o. 1 N . . o . . . . rth . . . . . . . . , . . . . . . . . . . . . . . . . . .. . 822 2 000 0 0 0 00 0000 uuuuuuu54576230lJ TWLSBBCHiuioeaalIanvglynntlenhdsn' nsrleoaea' IlsLKnrnel' ' oSLRisHNndoeNigeLoualol. stoNhe. . . d1 . . o . . 1e. EW 2 asNet . . . . . so . . . . . t . . . . . rth . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . 111222 2 1000000 0 0 0 0 000000 0 0 000000 ... uu6890 LWWilaayttdssoaolnne' ' ssNNNo. oo. . 112WEWeasestst t . . . . . . . . . . . . . . . . . . . . . 212000 00 0 0 00 ... 61 Tunnell Hill Extended ... .. 30 0 0 62 Silver King No. 1 Extended West 10 0 0 6634 EEaasstt SSttaarr NNoo. . 1 1 EWaesstt . . . . . . . . . . . . . .. . . . 2105 00 00 ... 6656 TTuunnnneellll HHiillll NNoo. . 1 2 WWeesstt . . . .. . ... . .. . . . 3307 03 300 67 Bell's Lode No. 1 East ... ... ... 35 0 0 6698 LMielynddaelde HNiol.l 2 NoE. as1t East . .. . . . . .. . . . . .. .. . 4400 00 00 n 70 SSiillvveerr KKiinngg NNoo. . 2 1 SSoouutthh . . . . . . . . . . . . . .. .. . 4400 00 00 ... ... ... 72 Watson's No. 2 East ... ... ... 40 0 0 77773546 LMMWieleaynntdsddaoeelndde' s HH NNo iill . o ll . 2 N 1 WoE. ex 1 stt . We . n . desetd . . E . . . . . . . ast . . . . . . . . . . . . . . . 42480000 0000 0 000 ... Total Area ... . .. 867 3 30 .. 31 Vie. No. 11, IlUjJ'I"a, page 994. .. ,

9366 RAILWAYS AND TRAMWAYS. 8 EDW. VII. No. 13, 1908. Albert River, BurH:etown, 9'c., Tramway. PART H. MINERAL LANDS HELD UNDER ApPLICATION FOR AND PROMISE OF MINERAL LEASE. Number of Application. Name. Area. 78 Greater Britain No. 1 East79 Western Star Extended 80 Coghlan's Lode Extended 81 Bell's I,ode West 82 Silver King North ... 83 Anglo American 84 The Dorothy... 85 Hann's Lode Extended 77 West Star 86 Greater Britain 42 Brittania 43 Watson's 44 Waanyee 45 Waanyee No. 1 46 Waanyee No. 2 47 Sirdar 48 Sirdar No. 1 Total Area Acres. 10 10 10 10 10 10 ]0 10 10 20 40 40 20 10 10 10 10 - - - 25 - 0 - - - PART HI. LANDS. HELD UNDER WATER RIGHT. Water Right and Dam Site Certificate to Louie Creek Lawn Hill :Field with right to divert water required for Mining purposes to "Silver King" Mine. 1 Signed by the said Honourable George Kerr the Secretary for GEORGE KERR. Railways in the presence of J. F. THALLON, Commissioner. I Signed by William Harvey Arm-, strong the Chairman of . Directors of The Queensland ~ W. HARVEY ARMSTRONG_ Silver Lead Mines Limited I for and on behalf of the I Company in the presence of ) R. J. MeNu, Solicitor, Brisbane.