Day Dawn Block and Wyndham Gold Mining Company's Railway Act Amendment Act of 1903 (3 Edw VII No. 5) (Qld)

II LOCAL AND PERSONAL ACTS OF THE PIIRLIJlM£NT OF QU££NSLJlND, 3° EDWARDI VII. RAILWAYS. Day Dawn Block and W,yndharn Gold Minin.q Gorn- pan.y's Railwa.¥ Act Amendment Act of 1903 Queen Gross RIJ( ~ f Gold Jfinin.'I Oompan;l/s Railway Act of 1903 3 Edw. VII. No. 5 " " 8 An Act to Authorise the Day Dawn Block and 3 Edw. VII. Wyndham Gold Mining Company, Limited, T: : ' ~~ y Charters Towers, to Construct and Maintain DAW:N~LOOK an E :x t enSl o on 0 f 1 °t S B ranc h LOIne 0 f R al °1 way GO W L Y D N M DH IN A I M NG connected with the Northern Railway. R~ ~~ : : r~ T AMENDMENT [ASSENTED TO 11TH NOVEMBER, 1903.J ACT OF 1903. '·"THEREAS by an Act intituled "The ])ay ])awn Preamble. l'l' Block and Wyndham Gold Mining Company's Railway Act 0/1888"* the Day Dawn Block and Wyndbam Gold Mining Company, Limited, was empowered to con- struct and maintain a' Branch Line of Railway to be connected with the Northern Railway: And whereas in pursuance of the said Act the said Company constructed and is maintaining the said Branch Railway: And whereas it is expedient for the purpose of better enabling the said Company to carry on its mining operations that it should be empowered to construct and maintain an extension of the said Branch Railway to be worked in connection with such Branch Railway according to a route delineated in the Schedule to this Act: And whereas the proposed extension will pass along or across certain roads within the Town of Charters Towers and the Shire of Queenton respectively, and being under the jurisdiction and control of the Councils thereof respectively: And whereas the * 52 Vie. No. 6, 8upra, page 2881.

8644 RAILWAYS. Do,!! Dawn Block and W.yndham Gold Mil1il1.,! 3 EDW. VII. No. 5, said Councils have respectively approved of the construc- tion and mainten3Jnce of the said extension along or across the said roads under the conditions and stipulations herein- after set forth: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - Short title. 1. This Act may be cited as " The ])ay ])au)n B look and Wyndham Gold .Mining Oompany's Railway Act .Amendment .Act of 1903." "The ])ay ])awn Blook and Wyndham Gold Mining Oompany's Railway Aot of 1888"* is hereinafter referred to as the Principal Act. Interpreta. tion, etc. 2. In this Act, unless the context otherwise indicates~ the terms used have the same meanings as are respectively assigned to them by the Principal Act. In this Act- The term "the Extension" means the extension of the branch line authorised by this Act to be constructed; The term" Local Authority" means the Council of the Town of Charters Towers or of the Shire of Queenton, or other the Local Authority having the jurisdiction over and control of the roads respectively along or across which the extension is constructed and maintained. Sections three to eight inclusive of the Principal Act shall be incorporated with and be deemed to form part of this Act; and wherever the term "the branch line" occurs in such sections, such term shall, for the purposes of this Act, be deemp-d to include the extension authorised by this Act to be constructed. Power to construct extension. [Schedule.] 3. Subject to this Act, the Company may and shall with all convenient speed construct in a substantial manner an extension of its branch line of railway from the terminus of such branch line to a point within the area held under Gold Mining Lease Number 1916, according to the route delineated in the Schedule to this Act, and in accordance with plans, sections, and a book of reference to be deposited in the office of the Commissioner at Brisbane, and approved by him by writing under his hand. '" 412 Vie. No. 6, supra, page 2887.

RAILWAYS. 8645 1903. Oompany' 8 Railwa.1I .Act Amendment Act. 4. The Company shall be entitled to acquire, at a price Po~ ~ to to be agreed upon between the Secretary for Railways :md : ~ ; = nt the Company, an easement upon all Crown lands reqUIred upon Crown for the purposes of the extension: lands. Provided that, if the Secretary for Railways and the Company are unable to agree upon such price, the same shall be determined by arbitration in accordance with· the provisions of the" Interdict Act of 1867."* 5. Easements upon all lands other than Crown lands As to other which are required for the purposes of the extension shall lands. and may be acquired from the owners of such lands by the Commissioner for and on behalf of the Company, reserving nevertheless to the owners such rights to the minerals in or under the said lands as the owners possess or are entitled to at the time of acquiring such easements, with power to work, mine, and take away minerals, subject, however, to this Act, and so as not to da~age the extension or interfere with the stability thereof. The Commissioner shall and may, for the purposes of acquiring such easements, exercise all the powers and privileges conferred on him by the laws in force for the time being relating to the resumption of lands for railway purposes; and all proceedings shall and may be taken for the purposes of acquiring such easements and of assessing the compensation to be paid for the same in the same manner and to the same extent as if the extension were a public line of railway duly approved by Parliament: Provided that all the compensation payable in respect of such easements, together with all expenses incurred in connection with acquiring the same, shall be provided and paid by the Company, and upon such payment the ease- ments acquired shall be conveyed to and vested in the Company: Provided further that if at any time the Company, after being requested by the Commissioner so to do, fails to provide and pay any such compensation or expenses as aforesaid, the Company shall, by way of penalty, forfeit to the Commission~ rthe sum of five hundred pounds, to be recovered by complaint before any two justices of the peace. 6. (1.) Subject to this Act, the Company may con- Pl'Ovisions).s struct the extension upon, along, across, over, or/under the to roads. roads indicated in the Schedule to this Act, according to • 31 Vie. No. 11, supra, pa.ge 994. D

8646 HAlLWAYS. Da.y Dawn Block and Wyndham Gold Mining 3 Eow. VII. No. 5, the route therein delineated, and in accordance with the plans and sections to be deposited and approved as aforesaid, and may thereafter keep, maintain, work, and use the said extension, and in so doing shall not be liable in any action or other proceeding for or in respect of any alleged obstruction of any such road. (2.) The Company shall not alter the level of any 'Such road, except in so far as may be required, in the 'Opinion of the Commis!'lioner or an engineer of his Depart- ment for the purpose of the proper construction of the extension and the works and operations connected there- with. If any alteration in any of such levels is so made, the Company shall properly grade the several parts of the road affected to the reasonable satisfaction of the Local Authority. (3.) Where the extension crosses the intersection of two or more roads, the parts of the roads occupied by and included between the lines of rail, and so much of such roads as extends .six feet beyond the rails of and on each side of the extension, shall at all times be maintained in good condition and repair by the Company at its own expense with such materials and in such manner as the Local Authority directs. (4.) In all other cases the Company shall, at its own expense, at all times maintain in good condition and repair, with such materials and in such manner as the Local Authority directs, so much of every road on which the extension is laid as lies between the rails thereof, and so much of such road as extends eighteen inches beyond the rails of and on each side of the extension. (5.) To ensure public safety and convenience the .Oompany shall, at such places as the Local Authority con- siders necessary and requires, fix and maintain timber railguards between the lines of rail. (6.) If by reason of the construction of the extension or any incidental works or operations the access to and from any premises abutting on the route of the extension is prevented or materially obstructed or affected, the Company shall provide or ensure such reasonable means of acce~ s to and from such premises as the Local Authority reqUIres. (7.) If at any time any dispute or difference arises between the Company and the Local Authority with

R.A ILW A. YS. $647 190; ~. Company' 8 Rai,lway Act Amendment Act. respect to any of the matters in this section mentioned, such dispute or difference shall be determined by arbitra- tion in accordance with the prorisions of the "Interdiot Aot of 1867."· 7. (1.) If the owner of any mine or minerals lying Mines.under under the extension is desirous of working the same, he extensIOn. shall give to the Commissioner notice in writing of his intention so to do, and upon receipt of such notice the Commissioner may cause such mine to be inspected by some person appointed by him for the purpose. No such owner shall commence to work any such mine or minerals until he has proved to the reasonable. satisfaction of the Commissioner that the working of such mine or minerals in the manner proposed by him is not likely to damage the extension or interfere with the stability thereof. (2.) For ascertaining whether any such mine is being worked or has been worked by the owner thereof so as to damage the extension or interfere with the stability thereof, the Commissioner may, after giving twenty-four hours' notice in writing to such owner by his officers or agents, enter upon any lands through or near which the extension passes wherein any such mine is being worked or is. supposed so to be, and enter into and return from any such mine or the works connected therewith, and for that purpose may make use of any apparatus or machinery belonging to such owner, and use all necessary means for discovering the facts of the case. (3.) If any such owner refuses to allow any person appointed by the Commissioner for that purpose to enter into and inspect any such mine or works in manner afore- said, he shall for every such refusal forfeit to the Commis- sioner a sum of twenty pounds, to be recovered by com- plaint before any two justices of the peace. (4.) If, it appears that any such mine has been worked, or is being worked, so as to damage the extension or interfere with the stability thereof, the Commissioner may, if he thinks fit, give notice to the owner of the mine to construct such works and to adopt such means as are in the opinion of the Commissioner necessary for making safe the extension and preventing injury thereto.. if< 31 Vie. ~ o. ll, lfljI, . a. pag~ Q94..

8648 RAILWAYS. Queen Cross Reef Gold Mining Oompan.y's, Etc., A.ct. 3 EDw.VII. No. 8, If after such notice such owner does not forthwith proceed to construct such works or adopt such means for the purposes aforesaid, ·the Commissioner may himself cause the requirements of such notice to be complied with, and may recover all expenses incurred from such owner by action in any court of competent jurisdiction. (5.) In this section the term "owner" includes the lessee or occupier for the time being of the mine in question. 3E~:: ilL An Act to Authorise the Queen Cross Reef Gold 6: ~ s~ ¥ t: ~ Mining Company, Limited, to Construct and Gg~ : ; ; ~ ~ : G Maintain a Branch Line of Railway connecting ACT OF 1903. with the Northern Railway. [ASSENTED TO 13TH NOVEMBER, 1903.J Preamble. [Schedule. ] ~-XTHEREAS the Queen Cross Reef Gold Mining l'l Company, Limited, being a Company incorporated under" The Oompanies Acts, 1863 to 1890,"'" is desirous of constructing and maintaining a Branch Ltne of Railway to be connectp-d with the Northern Railway: And whereas it is expedient for the purpose of better enabling the said Company to carry on its mining operations that it should be empowered to construct and maintain such Branch Railway according to a route delineated in the Schedule to th.is Act: And whereas the proposed Branch Railway will pass along or across certain roads within the Shire of Queenton and being under the jurisdiction and control of the Council of the said Shire: And whereas the said Council has approved of the construction and maintenance of such Branch Rail way along or across the said roads under the conditions and stipulations hereinafter set forth: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, aLd by the authority of the same, as follows : - Short title. 1. This Act may be cited as " The Queen Oross Reef Gold Mining Oompany's Railway Act of 1903." "'27 Vic. No. 4, 'upra, page 144, and Amending Acts. c