Commonwealth Oil Refineries Tramway and Works Act of 1950 (15 Geo Vi No. 5) (Qld)

338 RAILWAYS AND TRAMWAYS. Commonwealth Oil Refineries, Etc., Act. 15 GEO. VI. No. 5, RAILWAYS AND TRAMWAYS. An 15 GEO. VI. No. 5. THE COlllMON- WEALTH OIL REFINERIES TRAMWAY AND WORKS ACT OF 1950. Act to Authorise The Commonwealth Oil Refineries Limited to Reconstruct, Manage, Maintain, and Work certain Lines of Tramway and certain Pipes, Conduits, and other works in, along, over, under, and across certain Public Roads within the City of Townsville, in the State of Queensland; and for other consequential purposes. [ASSENTED TO 13TH DECEMBER, 1950.] Preamble. l-XTHEREAS The Commonwealth Oil Refineries l' l' Limited, a duly incorporated joint stock company registered under "The Companies Act 1915" of the State of Victoria and registered as a foreign Company in the State of Queensland is carrying on within the State of Queensland the business of importing, storing, treating, packing, and disposing of oils and other commodities, and for the purposes of its said business has acquired from the Commonwealth of Australia and now holds within the City of Townsville, in the said State, certain lands for an· estate in fee-simple, being portions 161, 167, 171, and 173 and subdivisions lA to 7A, subdivisions 18 to 25 of section 33, subdivisions 11 to 37 and resubdivision 2 of subdivisions 1 to 4 and resubdivision 1 of subdivisions 5 and 38 to 42 of section 34 of subdivision 1 of portion lA in the county of Elphinstone and parish of Coonambelah, situated at Townsville, in the said State of Queensland: AND WHEREAS the Commonwealth of Australia as the then owner of the said lands for the better and more convenient use thereof acting under the powers conferred by the National Security(General)Regulations and any other Acts or Regulations or Powers in that behalf it enabling caused to be constructed, managed, maintained, and worked a certain tramway line giving access from the said lands to the State Railway at or near the junction of Morey street and Perkins street, Townsville, and also certain pipe lines from the said lands to the Townsville Harbour Board Outer Harbour Wharf: AND WHEREAS

1950. RAILWAYS AND TRAMWAYS. Commonwealth Oil Refineries, Etc., Act. 339 .. the said tramway line traverses parts of Seventh avenue, Morey street, and Perkins street and the said pipe lines traverse Eighth avenue and parts of Boundary street, Cannan street, and Archer street, all of which are public roads and also traverse certain Crown lands : AND WHEREAS the route of the said pipe lines may be hereafter altered: AND WHEREAS for the purpose of its said business and for the convenient and advantageous use and occupation of its said lands it is necessary that the said Company should reconstruct, manage, maintain, and work lines of tramway and certain pipes; conduits, and other works hereinafter mentioned in, along, over, under, and across its said lands, and should be authorised to reconstruct, manage, maintain, and work the same and every of them in, along, over, under, and across the said public roads in order that direct access to and from the Townsville Harbour Board Outer Harbour Wharf and direct access to and from the State Railway at or near the junction of Morey and Perkins streets aforesaid may be afforded to the said lands and the extensive structures and works which at present exist and which it is intended to re-construct thereon : AND WHEREAS the Council of the City of Townsville, being the Local Authority charged with the care, control, and management of the said public roads so far as it can legally do so, has consented to the said works of the said Company so far as the same exist in or affect the said public roads: AND WHEREAS it is manifestly expedient that the said Company should be authorised to reconstruct, manage, maintain, and work the said lines of tramway and pipes, conduits, and other works hereinbefore mentioned in, along, over, under, and across the said public roads within the said City, at or near the places respectively delineated on the maps jn the Schedules to this Act- Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and conseni.o of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as " The Commonwealth Short title. Oil Refineries Tramway and Works Act of 1950."

340 RAILWAYS AND TRAMWAYS. Commonwealth Oil Refineries, Etc., Act. 15 GEO. VI. No. 5, Mteremansi.ng of the C 2 o . mImn istshiiosneAr cftorthReaitlewrmays" aCpopmoimntiesdsiounnedre"r * m " e T a h n e s RailwaY8Act8, 1914to1946," and the term "the Company" means the Commonwealth Oil Refineries Limited, its assigns and successors in interest. - PCoowmepraonyftthoe 3. (1.) The Company is hereby . au . thorised and reoonstruot, empowered to reconstruct, manage, mamtaln, and work- : ah: t~ ~ , (a) A tramway in, along, over, and across the and work ~ ~ ~: ~ ay, public roads in the City of Townsville being Seve~th avenue, Morey street, and part of lines, &0. Perkms street at or near the places respectively delineated on the plan in the First Soh. First Schedule to this Act with all such cables, standards, wires, lines, and other accessories as may be considered necessary or convenient by the Company for the working of the said tramway. Such tramway shall be of the same gauge as that for the time being of the Queensland Government Railway to which it is connected, and shall consist of a single set of rails only, except in places where there are two sets of rails at present; in which places it may consist of two sets of rails. (b) All such pipes, conduits, lines, and other accessories in, along, over, under, and across the public roads in the City of Townsville being parts of Eighth avenue, Boundary street, Cannan street, and Archer street and any further public roads which may hereafter Seoond Sch. be opened, at or near the places respectively delineated on the plan in the Second Schedule to this Act, as may be considered necessary or convenient by the Company for the carriage, conveyance, and transmission respectively of oils or other fluids and water in connection with the business of the Company: Provided that the work of reconstruction of the tramway and accessories aforesaid in, along, over, and across the roads aforesaid shall be done by the Company to the satisfaction of the Commissioner and of the Council of the City of Townsville and no part of the tramway shall be reconstructed in, along, over, or across any road until the plans and sections showing * 5 G. 5 No. 24 and amending Acts.

1950. RAILWAYS AND TRAMWAYS. Commonwealth Oil Refineries, Etc., Act. the tramlines and accessories and the levels thereof, and all working plans, sections, specifications, and drawings have been submitted to and approved of by the Commissioner and the said Council in writing: And provided further that the Company shall at its own expense maintain to the satisfaction of the said Council and of the Commissioner its tramway rails and that part of the roadway lying between and to a distance of twelve inches on the outside of its rails, and where, in the opinion of the said Council, the probable traffic across the tramline is sufficient to warrant it, the Company shall, upon being thereunto required by the said Council, form that part of the road maintainable by it as aforesaid, with macadam, bitumen, concrete, or other material as directed by the said Council and approved by the Commissioner, and so lay its rails or raise the road that the road surface shall be flush with the upper surface of the rails: And provided further that, at any place where any tramway of the Company is laid in, along, over, or across any of the said roads over any water main of the said Council, such water main shall be adequately protected by a shield pipe by or at the expense of the Company and to the satisfaction of the said Council; and wherever any oil pipe or water pipe of the Company is laid in, along, over, under, or across any of the said roads under or over any water main of the said Council, or under any tramway of the Company, such pipe shall be adequately protected by a shield pipe: And provided further that at any place where any pipes, conduits, lines, or other accessories of the Company are laid under or over any railway line or siding belonging to or worked by the Queensland Government Railways or under or over any main or power line belonging to or worked by the Townsville Regional Electricity Board such pipes, conduits, lines, and other accessories shall be adequately protected by or at the expense of the Company and shall be laid in a position indicated by and to the satisfaction of the Commissioner or the Chairman of the said Townsville Regional Electricity Board, as the case may be. (2.) The Company shall not use or employ, upon the said tramway, animal, traction, or other motive power or engines or motors propelled by steam, electricity, or other motive power without the consent of the Commissioner. 341

342 RAILWAYS AND TRAMWAYS. Commonwealth Oil Refineries, Etc., Aqt. 15 GEO. VI. No. 5. (3.) If the Company or any officer (other than an officer of the Commissioner), servant, or agent of the Company shall in the reconstruction, management, maintenance, or working of the said works or any of them unduly obstruct or endanger the public traffic in, upon, along, or over or across the said public roads or any of them, the Company shall be guilty of an offence, and shall for every such offence forfeit to the Council of the City of Townsville the sum of one hundred pounds, to be recovered in a summary way by complaint by or on behalf of the said Council under *" The Justices Acts, 1886 to 1949~ " ~ Y( jnt ~ o 4. For the.use of the said public roads as herein of~ heOilit~ l provided the Company shall pay to the Council of the ofTownsville City of Townsville the sum of one hundred pounds or fpourbulisceroofads. the sum fixedupon r·eVIew per annum as herem· p·rodvI ed . At any time after the expiration of thirty years from the coming into force of this Act, and subsequently at any time after the expiration of thirty years from the last previous review, the rate of payment to be made hereunder may, on the application of either party, be reviewed; and unless agreed upon by the parties, shall, on the application of either )larty, be determined by the Minister of State for the time being administering the laws relating to Local Government. Such sum shall be payable on the first day of January in each and every year but the first payment (being a proportionate payment for the period ending on the thirty-first December, one thousand nine hundred and fifty) shall be paid within fourteen days of this Act coming into force: Provided that if the Company at any time operates the said tramway by means of electric power requiring the erection of poles, standards, or other overhead gear, the yearly sum payable to the said Council shall be increased by twenty-five per centum as from the date of the commencement of such operation by electric power. The 5. The Company shall comply with all reasonable ~ ~: ~ ;n~ f~ h :equirements of the Council ?f the City of Towns:vilIe Co~cil' s m regard to the use of the saId tramway and the pIpes, I ~ n q r w e r g e a m r e d nts conduits " lines and other accessories • to use of tramway, &c. * 50 v. No. 17 and amending Acts.

RAILWAYS AND TRAMWAYS. 343 1950. Oommonwealth Oil Refineries, Etc., Act. 6 If in the opinion of the Council of the City of Leve~ T OwnsVl '11 e any I eve I cro ' ssmgs requI . re t 0 b e provI 'd e d corvoesrsIngs over the tramway at any time to afford access to tramway. properties in the vicinity of the tramway the cost of the ,work and the maintenance of the crossing shall be defrayed by the Company. 7 Should the Commissioner and the Council of Warning the City of Townsville mutually agree that any warning signs, &c. signs and/or other devices for the protection of vehicular traffic on the public roads require to be provided at street intersections crossed by the tramway the cost of the work shall be defrayed by the Company. 8. The Company shall at its own expense reinstate Damage to or make good to the reasonable satisfaction of the ~ ~~~ :;trn Council of the City of Townsville any damage to any maint~ ining, public road caused or brought about by the Company in ~ : ~ ~ . pIpe maintaining, repairing, or using the pipe lines laid in and under any road pursuant to the provisions of this Act. 9. Should the Council of the City of Townsville at Alteration any time alter the level of any roads in, along, over, or f: v:~ : .d across which the Company is pursuant to the provisions of this Act operating a tramway or in, along, over, under, or across which the Company has pursuant to the provisions of this Act laid and is operating pipe lines the Company shall at its own expense and to the reasonable satisfaction of the said Council and in so far as concerns the said tramway to the reasonable satisfaction of the Commissioner make such alterations and modifications in its said tramway and/or pipe lines and in the levels thereof as shall be necessary to conform to the new levels of the said roads adopted by the said Council. 10. If by reason of the future duplication or When :he further multiplication, diversion, or regrading of the ~ ~ ~ : ll: ~ not Townsville Jetty railway line operated by the obliged to Commissioner it should be impracticable in the opinion : ~ ; ~ ; . of the Commissioner for the said tramway or any part thereof to be worked by the Commissioner there shall be no obligation upon the Commissioner to work the said tramway and the Company shall not have any claims upon the Commissioner by reason thereof. 11. The Commissioner shall if he thinks necessary Power.of the for the operation of his railway have the right at any ~ ~~ e~lS' time to remove such portions of the said tramway as to r~move may be situated upon railway property but shall refund f: ar: ~~ ~ ~f

344 RAILWAYS AND TRAMWAYS. Commonwealth Oil Refineries, Etc., Act. 15 GEO. VI. No. 5, 1951. to the Company the then value of the material utilised in connection with the construction of such portion after deducting the cost of removing and stacking it. ~ ~ ~ val of 12. The Company shall not construct any building Commis. or structure within a horizontal distance of eight feet six ~~ ~ ~t! fned inches from the centre of the said tramway or within a for vertical distance of fifteen feet from the surface of the ~~ nstruction rails without having first obtained the written approval building, &c. of the Commissioner therefor. Compensa. tion for 13. Should the Company have or acquire any resumptions estate or interest in any land adjoining the said tramway oCfolmanmdisb· y or in the vicinity thereof whether used in connection sioner. therewith or not which may subsequently be resumed by the Commissioner for railway purposes, compensation in respect of such resumption shall be assessed without reference to the rights and privileges if any conferred by the existence of the said tramway and in all respects as if the said tramway had never been constructed. Rates for carriage of goods. 14. The conditions set out in the Goods Rate Book published by the Commissioner and for the time being current shall govern the carriage of goods by the Commissioner over the tramway. Shunting charges. 15. The Company shall pay to the .Commissioner for the shunting of trucks such charges as shall for the time being be the current shunting charges chargeable by the Commissioner. Power of the Commis· 16. The Commissioner shall have power and sioner to authority to operate his locomotives and rolling stock olopceormatoetihviess over and upon the said tramway at such times as may and rolling be necessary to comply with the orders and requirements strtaomckwoavye.r of the Company in connection with its business: Provided however that the Commissioner shall not run any locomotive within the boundaries of the said land of the Company without the approval of the Company first had and obtained. 5oAfpGsp.elo1i. c0aV5ti. oofn Acts, 1179. 14Se t c o ti1o9n4o6n, " e hshuanldl raepdpalnyd hfievreetoof. *" The Railways No. 24 and amending Acts. * 5 G. 5 No. 24 and amending Acts.

FIRST SOH . ED. ULE. TRAMWAY.

SECOND SCHEDULE; PIPE LINE. OUTER HARBOUR