Burdekin River High Level Bridge (Finance) Act of 1958 (7 Eliz Ii No. 49) (Qld)

BRIDGES. 79 7 E liz . II. No. 49,1958. Burdekin Biver Bridge, Etc., Act. BRIDGES. An Act to Apportion the Capital Cost of the ^.V1 Burdekin Biver High Level Bridge, to Vest the said Bridge in The Commissioner of B ridge Main Boads and The Commissioner for a «S"388. Railways, as joint tenants, and for other purposes. [A ssented to 11 th D ecember , 1958.] E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— 1. This Act may be cited as “ The Burdekin Biver Short title. High Level Bridge ( Finance) Act of 1958.” 2. In this Act, unless the context otherwise Meaning of indicates or requires, the following terms shall haveterms' the meanings respectively assigned to them, that is to say :— “ Bridge ”—The high level dual purpose rail Bridge, and road bridge constructed by the Co-ordinator-General of Public Works over the Burdekin River on the North Coast Railway between Home Hill and Ajyr: The term also includes the approaches thereto ; “ The Commissioner of Main Roads ”—The The com- Corporation sole constituted by that name Ma7n°RoadI under the provisions of section five of *“ The Main Roads Acts, 1920 to 1952 ” ; “ The Commissioner for Railways ”—The The com- Corporation sole constituted by that name RaliXys. under the provisions of section eight of f“ The Railways Acts, 1914 to 1958 ”; “ The Co-ordinator-General of Public Works ”— ^dlnator The Corporation sole constituted by that Generai°of name under the provisions of section 8A^9b^° of J“ The State Development and Public Works or s‘ Organisation Acts, 1938 to 1954 ”. * 10 G. 5 'No. 26 and amending Acts, f 5 G. 5 No. 24 and amending Acts, j 2 G. 6 No. 3 and amending Acts.

80 BRIDGES. Burdekin Biver Bridge, Etc., Act. 7 E liz . II. No. 49, Apportion- 3. It is hereby declared that the capital cost of capM cost the Bridge shall be apportioned among the Treasurer of Bridge, of the State of Queensland, the Department of Main Roads and the Department of Railways in the following manner:— The Treasurer of Queensland—fifty per centum ; The Department of Main Roads—twenty-five per centum; The Department of Railways—twenty-five per centum. Capital cost. 4. (l.) For the purposes of this Act, the capital cost of the Bridge shall comprise all moneys expended by the Treasurer of Queensland in defraying that capital cost, and the amount of that capital cost shall be ascertained accordingly. (2.) The Bridge shall pot be deemed to be completed until the Governor in Council upon the advice of The Co-ordinator-General of Public Works has certified by Order in Council that the Bridge has been completed in accordance with the plans and specifications thereof. The Governor in Council may by the same or a subsequent Order in Council certify the capital cost of the Bridge. Charge to Railways. 5. Upon completion of the Bridge the sum of money equal to twenty-five per centum of the capital cost thereof shall be deemed to have been appropriated by Parliament from the Loan Fund Account of Consolidated Revenue and expended on account of Railways and thereupon the Treasurer of Queensland shall cause to be made in the accounts in the Treasury all such entries, transfers and adjustments as may be necessary to give effect to the provisions of this section and to include that sum in the capital indebtedness of the Department of Railways. Payment 6. (1.) Upon completion of the Bridge, the sum Roads^Fund. °f money equal to twenty-five per centum of the capital cost thereof shall be deemed to have been appropriated by Parliament from the Loan Fund Account of Consolidated Revenue and credited to the Main Roads Fund.

BRIDGES. 81 1958. Burdekin Biver High Level Bridge, Etc., Act. For the purposes of *“ The Main Roads Acts, 1920 to 1952,” such sum of money shall be deemed to have been expended from the Main Roads Fund on permanent works carried out under those Acts, and shall be deemed to have been so expended in the financial year in which the Bridge is completed. (2.) The sum of money referred to in subsection one of this section together with interest thereon shall be paid to the Treasury from the Main Roads Fund under and in accordance with the provisions of paragraph (c) of section twenty-nine of *“ The Main Road Acts, 1920 to 1952.” (3.) When calculating the sum of money to be paid to the Treasury under this section due credit shall be given for the payments on account of redemption made to the Treasury from the Main Roads Fund, prior to the completion of the Bridge, in respect of the capital cost thereof. (4.) The Treasurer shall cause to be made in the accounts in the Treasury all such entries, transfers and adjustments as may be necessary to give effect to the provisions of this section. 7. (1.) From and after the completion thereof Bridge and the Bridge and approaches thereto and the lands referred to vest0^8 to in the First Schedule to this Act shall become vested com- absolutely and, in the case of the said lands, for an M^Roads estate in fee-simple in The Commissioner of Main Roads and Com- and The Commissioner for Railways as joint tenants and Railways f°r thereupon The Commissioner of Main Roads and The jointly. Commissioner for Railways shall undertake, assume and have possession, management, operation and control of the said Bridge, approaches and lands. The Governor in Council shall, in the name of Her Majesty, issue in respect of the lands referred to in the First Schedule to this Act a Deed of Grant in fee-simple to The Commissioner of Main Roads and The Commissioner for Railways as joint tenants. (2.) The Bridge and approaches thereto shall be managed, operated, controlled and maintained in such manner and upon such basis as may be mutually agreed upon between The Commissioner of Main Roads and * 10 G. 5 No. 26 and amending Acts.

82 BRIDGES. Burdekin Biver Bridge, Etc., Act. 7 E liz . II. No. 49, The Commissioner for Railways and, failing such agreement, in such manner and upon such basis as the Governor in Council, upon the advice of The Co-ordinator- General of Public Works, may direct. All costs incurred by the Commissioner of Main Roads in maintaining the Bridge and approaches thereto, shall be paid out of the Main Roads Fund which is hereby appropriated accordingly. Grant of 8. (1.) On and from the date of the vesting for fOTtramwa an estafe in fee-simple of the lands referred to in the purposes. ^ First Schedule to this Act in The Commissioner of Main Roads and The Commissioner for Railways as joint tenants the part described in the Second Schedule to this Act of those lands shall be subject to an easement for tramway or other like purposes deemed to have been granted by the said Commissioners for themselves and their successors and the persons seized for the time being of an estate in fee-simple in the part in question to Pioneer Sugar Mills (Pty.) Limited, a company duly incorporated according to the laws of Queensland, and its successors with the rights and privileges and subject to the conditions, stipulations and other provisions set out in the Third Schedule to this Act. (2.) The Secretary of the Central Sugar Cane Prices Board (hereinafter in this section referred to as “ the Central Board ”) shall cause to be entered and registered in the Register of Easements kept pursuant to section thirty-six of *“ The Regulation of Sugar Cane Prices Acts, 1915 to 1954,” particulars of such easement in all respects as though it were an easement granted by an Order of the Central Board made pursuant to section thirty-five of the said Acts, and thereupon and thereafter the easement shall be deemed to be an easement granted by an Order of the Central Board pursuant to the said section thirty- five, and all the provisions of *“ The Regulation of Sugar Cane Prices Acts, 1915 to 1954,” relating to such an easement shall be applicable thereto. (3.) The value of the easement shall be set off against any compensation payable to Pioneer Sugar Mills (Pty.) Limited on account of any resumptions for or in respect of the Bridge. * 6 G. 5 No. 5 and amending Acts.

BRIDGES. 83 1958. Burdekin Biver High Level Bridge, Etc., Act. schbdulbs . FIRST SCHEDULE. S™, County of Salisbury, Parish of Inkerman, Portion 342—the whole. [Sections 7 County of Gladstone, Parish of Jarvisfield, Portion 105—theand 8,1 whole. SECOND SCHEDULE. S econd S chedule . That piece or parcel of land situate in the County of Salisbury, [Section 8.] Parish of Inkerman, being Subdivision A (Easement) of Portion 342. THIRD SCHEDULE. The easement deemed to have been granted pursuant to section [Section 8.] eight of this Act shall confer the rights and privileges and be subject to the conditions, stipulations and other provisions h1 ereund1er, namely:— 1. (1) Pull and free right and liberty for Pioneer Sugar Mills (Pty.) Limited (hereinafter in this Schedule referred to as “the Grantee ”) at any time after the date referred to in section eight of this Act to build, construct and lay down in, along or upon any portion of the lands described in the Second Schedule to this Act (hereinafter in this Schedule referred to as “ the servient tenement ”) a tramline or railway line or lines for the purpose of running or drawing or way­ laying locomotives, carriages, waggons, trucks or other vehicles, loaded or unloaded, and rolling stock propelled by horse, steam, combustion or other power and at any time to maintain, repair, take up, alter or remove, relay, renew or replace the whole or any part thereof. I (2) Pull right and power for the Grantee at any time for the purposes of carrying out such works as aforesaid, to dig into, open up or break up the soil of the servient tenement, and to make cuttings, embankments, excavations, bridges, drains, culverts or other works therein and thereon as may be required by the Grantee for those works or any of them. (3.) Pull, free and uninterrupted right and liberty for the Grantee, its agents, servants, engineers, surveyors, contractors, licensees and other persons authorised by the Grantee at all times by day and night and from time to time with or without machinery, plant, equipment, horses, carts, motor vehicles, locomotives, carriages, waggons, trucks and rolling stock for all or any of the purposes aforesaid to enter and re-enter upon and to go, pass and repass over, along, through and upon the servient tenement or any part thereof. 2. The Grantee will exercise due and reasonable care, skill and expedition in the exercise of the rights and privileges hereinbefore conferred, and will avoid doing any damage to the Burdekin River High Level Bridge or the southern approach thereto, and will before taking any steps in the exercise of the rights and privileges hereinbefore conferred which might in any way cause damage to or affect detrimentally the Bridge or the southern approach thereto, give to The Commissioner of Main Roads and The Commissioner for Railways (hereinafter in this Schedule referred to as “ the Grantors ”) fourteen days’ notice in writing of its intention so to do. 3. In the exercise of the rights and privileges hereinbefore conferred the Grantee shall not unduly obstruct and shall cause the least possible inconvenience to the Grantors, their agents, servants and licensees or any of them in the lawful use of the servient tenement.

84 BRIDGES. Burdekin Biver Bridge, Etc., Act. 7 Euz. II. No. 49, 1958. 4. At all times after the date referred to in section eight of this Act the Grantee shall keep the servient tenement free from noxious weeds and undergrowth. 5. If the Grantee at any time abandons, relinquishes or surrenders the rights and privileges hereinbefore conferred, the Grantee shall forthwith restore the servient tenement to as nearly as practicable its condition immediately prior to exercise by it of the said rights and privileges or any of them. 6. At all times after the date referred to in section eight of this Act the Grantee shall bear and hereby indemnifies and saves harmless and agrees to indemnify and save harmless the Grantors, their agents, servants and licensees against all actions, claims, demands, costs, losses, damages and expenses which may be brought against or made upon the Grantors or their agents or servants or licensees or which the Grantors or their agents or servants or licensees may pay, sustain or be put to by reason in consequence of or in connection with the exercise by the Grantee of the rights and privileges hereinbefore conferred or any failure, negligence, misconduct, misperformance or refusal on the part of the Grantee, its agents, servants, engineers, surveyors, contractors, licensees and other persons authorised by the Grantee in the observance and performance of the conditions, stipulations and other provisions of this Schedule or from the failure by the Grantee to take proper precautions for the prevention of accidents by day or by night. BURDEKIN RIVER HIGH LEVEL BRIDGE. See B ridges . CHARITABLE FUNDS. See F unds . COAL AND OIL SHALE MINE WORKERS (PENSIONS). See M ining .