Charters Towers Mines Disaster Act of 1904 (4 Edw VII No. 3) (Qld)

8762 MINING. Oharters Towers Mines Disaster. 4 EDW. VII. No. 3, MINING. 4 Edw. VII. An Act to Validate the Measures already adopted in ~ :: . connection with the Fire in certain Mines at c. j! ~ ; ~ ~ ~ s Charters Towers, and to make further provision DIS! ~ ~ ~ S. ACT for Safeguarding Life and Property endangered OF 1904. by such Fire, and for the Payment of the Expenses thereby incurred and to be incurred Preamble. .. [ASSENTED TO 28TH OCTOBER, 1904.] W HEREAS on or about the fourteenth day of October instant a serious fire, involving lo~s of life, was discovered in the Brilliant Mine, at Charters Towers, in the State of Queensland, and efforts to check the immediate spread thereof proved ineffectual, and certain neighbouring mines became affected by poisonous fumes and otherwise, so that life and property were in imminent danger throughout a considerable area of the ground being mined in the vicinity, and it became urgently necessary that united action should be taken: And whereas at a meeting of directors and managers of the mines at Charters Towers, held on the fourteenth day of' October instant, a committee of management, with power to add to their number (hereinafter called the Committee), were appointed, consisting of Joe Millican, Nicholas M ayne, Dadd Rollston, Edmund Harris Thorn- burgh Plant, Gerald Gordon, William .Tames Paull, Alexander William Macleod, John Vipond Dobson, and William Whyte, together with the Warden and Inspector of Mines of the said goldfield as ex officio members; and they were empowered to take such united action as in their experience and judgment they might think best for extinguishing the fire and checking its spread and safe- guarding life and property: And whereas certain persons, namely, William White, Percy James AlIen, .Tames Carron, Richard Kirkbride, Thomas 'Waters, Ralph Kettle, Peter Kerr, George HOBS, Joseph Taylor, Silas AlIen, James Gist,. Timothy Webb, Robert Gibbon, and Thomas Peel, were duly added to the Committee: And whereas the Committee have adopted various measures with the above objects, and have incurred eon- siderable expense in so doing: And whereas doubts may arise with respect to the authority of the Committee to act as aforesaid and to

MINING. 8763 1904. Oharters Towers Mines Disaster. incur such-expense for and on behalf of the mining com- panies and mineowners concerned: .- And whereas it is desirable that any such doubt should be set at rest, and that all acts and measures done and :taken by the Oommittee with the objects aforesaid should he validated, and that power should be given to the Secretary for Mines to direct all- such further acts and measures to be done and taken as in his judgment are necessary and proper for extinguishing the fire or checking its spread and safeguarding life and property and rendering the affected -mines safe for working, and to apportion amongst the mining companies and mineowners of the mines affected by the. disaster the expenses incurred by the Oommittee :and that may hereafter be incurred: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Oouncil and Legislative Assembly of Queens- land in Parliament assembled, and by the authority of the -same, as follows :- 1. This Act may be cited as" The Oharters Tower, Short title. Hines IJisus/er Aat of 1904." 2. In this Act the expression" Committee" means ~ nterpreta. -and includes J oe Millican, Nicholas Mayne, David $ion. Rollston, Edmund Harris Thornburgh Plant, Gerald Gordon, William J ames Paull, Alexander William Macleod, John Vipond Dobson, William Whyte, William White, Percy James Allen, James Carroll, Richard Kirk- bride, Thomas Waters, Ralph Kettle, Peter Kerr, George Ross, Joseph Taylor, Silas AlIen, James Gist, Timothy Webb, Robert Gibbon, and Thomas Peel. and the Warden and Inspector of Mines at Oharters Towers, and any other person appointed by the Secretary for Mines to act in addition to the abovenamed persons or in ·substitution for any of them, or any majority of such persons acting in meeting assembled. . 3. An the acts and measures done and taken before Validating the passing of this Act by the Oommittee with the object C~ ~ ~ ttee. of extinguishing the fire in the mines at Oharters Towers .' -or checking its spread, or safeguarding life O'r property in or in connection with the mines affected or likely to be affected by the disaster, are hereby ,validated and declared to be lawful, and all the expenses incurred by the Oom- mittee in carrying out the aforesaid objects shall be deemed :to· have been and to be expenses lawfully incurred under this Act, and shall be apportioned accordingly.

8764 MINING-PARKS AND PUBLIC LANDS. Gracemere Cemetery Improvement. 4 EDW. VII. No. 7, Further powers. 4. The Secretary for Mines may direct all such further acts and measures to be done and taken as in his judgment are necessary and proper for the purpose of extinguishing such fire or checking its spread, or safe-- guarding life or property in or in connection with the mines affected or likely to be affected by the disaster, or for rendering such mines safe for further working. All expenses incurred by' the Secretary for Mines in pursuance of the foregoing powers shall be deemed to be- expenses lawfully incurred under this Act, and shall be apportioned accordingly. Apportion- 5. All expenses lawfully incurred under this Act shall : ~ ~ ~ ~ iture. be contributed and paid by the mining companies and mine- owners of the mines affected by the disaster or threatened so to be according to such apportionment amongst them- selves as the Secretary for Mines after due inquiry may think just and shall order in writing, and his order shall be final and binding upon all the companies and persons- cO:Q.cerned, and every sum so apportioned may be recovered by him by action in any court of competent jurisdiction. Delegation of 6. The Secretary for Mines may delegate to the powers. Committee all or any of the powers conferred upon him by this Act. Act not to 7. Nothing in this Act shall be construed so as to ainfferecstpcelacitmosf affect any liability of any company or person for or on injuries, &r. account of the death of or any bodily injury to any person occasioned by or arising out of the aforesaid disaster. 't MUNRO'S TRAMWAY. See RAILWAYS AND TRAMWAYS. PARKS AND PUBLIC LANDS. 4 Edw. VII. An Act to enable the Trustees of the Rockhampton ~ : : . Cemetery to sell part of the Land vested in < t~~ ; ~~ ~ E ~:rR~ : ? ~ : . T them, and to apply the proceeds in improving the Gracemere Cemetery. .\; . [ASSENTED TO 22ND N OVEMBER~ 1904.] Preamble. WHEREAS by Crown grant No. 51839, dated the- twentieth day of July, one thousand eight hundr~ d and eighty-three, certain lands therein described situated