Duchess to Mount Isa Railway Act of 1925 (16 Geo v No. 28) (Qld)

RAILWAYS. 16 GEO. V. No. 28, H125. Duchess to Mount ha Railway Act. 11527 RAILWAYS. An Act to Authorise the Commissioner for Rail- 16 Oeo. 17 ways, for and on behalf of the Government 0 f No T . H 2 E f! Queensland, to Enter into Agreements with ~ ~ : : ; sIs: o Mount Isa Mines Limited and Mount Isa A! A~ ~ ~ ~ ~5. Proprietary Silver Lead Limited with respect to the Construction of a Line of Railway from Duchess to Mount Isa, and to Authorise the Construction of the said Railway, and to make Provision for Matters incidental thereto. [ASSENTED TO 12TH NOVEMBER, 1925,] l. ~ T HEREAS certain Companies, namely Mount Isa Preamble. VV }\'[nos Limited and Mount Isa Proprietary Silver Lead Limited, the proprietors of certain mining pro- perties at or near Mount Isa, in tho Mount Isa mineral field, havo for somo time past boon ongaged in opening up and developing their s:1id mining properties respeetively, and : : m~ ~ md each of them i3 dosirous that a State railway be constructed from Duchess, on the Townsville-Dajarra State railway line, to Mount Isa, and are and each of them .s willing to ent~ r into an agreement with the Commis- sioner for Railways with respect to the cost of the construction of the said railway and the working thereof after eonstruction, in aid of the Consolidated Revenue: And whereas the general terms and conditions of the said agreements respectively are contained in the draft agreements set forth in the first and second parts of the First Schedule to this Act: And whereas the connection Schedule I. by means of railwa,y communication of the Mount Isa mineraJ field with the State railways would be of great public advantage, and it is th6refore desirable that the Commissioner for Railways and the said Companies and each of them should be authorised and empowered to enter into agreemonts embodying the terms and con- ditions contained in tho said drpJt agroemonts, and that the Commissioner for Ra.ilw[tys should be lwthorisod and empowered to con~ truct the said railway as a State railway under *" The Ra'ilway Acts, 1914 to 1923": Be * 5 Geo. V. No. 24 and amending Acts, supra, pages 7215 and 10825, T

11528 RAILWAYS. Duchcss to Mount Isa Railway Act. 16 GEO. V. No. 28, it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Leg~slative 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 Duchess to lYIount Isa Railway Act ot 1925.." Authority to 2. (1.) The Commissioner for Railways of the State eagnrteeerminetnots. of Queensland, for and on behalf of the Government of Queensland, is hereby authorised and empowered to enter into and cany into execution an agreement with Mount Isa Mines Limited, a duly incorporated and regist?red company, for the construction of a line of State railway from Duchess to Mount Isa, hereinafter referred to as "the railway," and for the maintenance, management, and working of the same, upon the terms and conditions Sch. I., set forth in Part 1. of the First Schedule to this Act. Part I. (2.) The Commissioner for Railways of the State of Queensland, for and on behalf of the Government of Queensland, is hereby authorised and empowered to enter into and carry into execution an agreement "vith Mount Isa Proprietary Silver Lead Limited, a duly incorporated and registered company, for the construction of a line of State railway from Duchess to Mount Isa, and for the maintenance, management, and working of the same, upon Sch. I., the terms and conditions set forth in Part H. in the First Part H. Schedule to this Act. (3.) The said companies and each of them and their- and its successors and assigns are hereby authorised and empowered to enter into and carry into execution the said agreements respectively and, if necessary, any alteration or amendment of Memoranda and Art;_cles of Association may be made in that behalf. Consent of (4.) Upon the execution of any such agreement sCioonmemr itso. by either of the said companies and thereafter during assignment. the currency of such agreement and so long as any moneys payable under or agreed or guaranteed to be paid by or in pursuance of such agreement by the com- pany executing such agreement remain outstanding and unpaid it shall not be lawful for such company to assigli or transfer or agree to assign or transfer any of its mining properties at or near Mount Isa, whereof it is the proprietor at the date of th

RAILWAYS. 11529 1925. D71chess to Mount Isa Railway Act. execution by it of such agreement, or any interest in such properties or any of them, or any plant or equipment thereof or thereon or used in connection therewith, or such agreement or the benefit thereof, without the previous consent in writing of the Commissioner for Railways, Emd any such assignment or transfer or agreement to assign or transfer contrary to the fore- going provisions of this subsection without such consent having been previously obtained shall be absolutely null and void. (5.) And by way of further security to the Com- Furt~ er . missioner for R:1ilways in the event of the company security. which has executed such agreement (or of any of the lawful successors in interest or assigns of such company which for the time being is the proprietor of the mining properties of such company and of its plant and equip- ment or any of these) being wound up whether voluntarily or compulsorily on the ground of its inability to meet its or their obligations or taking the benefit of any law for the time being in force in the Commonwealth or any State relating to bankruptcy or insolvency, such agreement executed by the company shall be deemed to be and shall have the effect of a v8Jid and SUbsisting first mortgage and charge of and over such mining properties and of a bill of sale of and over all such plant and equipment (notwithstanding that such agreement is not in the form or does not otherwise comply with any of the provisions or conditions prescribed by any law then in force relating to mort- gages of mining properties leases or interests or relating to b:lls of sale of chattels) to secure each and every amount which may then be payable or guaranteed to the Commissioner for Railways or may thereafter become payable to the Commissioner for Ra;Jways under or pursuant to the terms of such agreement. The Commissioner for Railways shall be at liberty to register such agreement pursuant to the provisions of *" The State Securities Registration Act of 1925," and upon such registra- tion such agreement shall operate as a security to the Commissioner for Railways in accordance with the provisions of this subsection, and the Commissioner for Railways shall be entitled, by motion made to the Supreme Court or a judge thereof, to obtain an order for the sale of all or any of the property comprised or * 1-6 Geo. V. No. 19, supra, page 11291.

1153"0 RAILWAYS. Duchess to ltlount Isa Railway Act. 16 GEO. V. No. 28, deemed to be comprised in such mortgage or bill of sale in priority to any mortgage, lien, or other encumbrance whatsoever then existing over any such property or claimed or alleged so to be. Construction 3. (1.) The construction, maintenance, management~ & ra c i . l , w o a f y and working of the railway as a State railway is hereby authorised. authorised and approved. Route (2.) The route of the railway is generally indicated Schedule H. on the map contained "n the Second Schedule 0; this Act. Appropria· tion. 4. All sums of money which are required to be expended by the Commissioner for Railways in the construction of and otherwise in connection with the railway shall be defrayed out of moneys from time to time to be appropriated by Parliament for the purposo. SCHEDULE I. PART I. This Agreement made the . day of One thousand nine hundred and twenty between Mount Isa l\fines IJimited a Company duly incorporated in the State of New South 'Vales and registered under the British Companies Acts of the State of Queensland (hereinafter with its lawful successors and assigns called" the 'Company") of the one part and '1'he Commis- sioner for Railways of the State of Queensland (hereinafter called "the Commissioner") of the other part: Whereas the Company is the proprietor of certain mining properties at :Mount Isa near Cloncurry in the State of Queensland and has for some time past 'been engaged in opening up and developing such mining properties: And whereas the Company is desirous that a railway be constructed from :Mount Isa aforesaid to Duchess Railway Station junctioning with the Townsville to Duchess line: Now it is hereby agreed by and between the Company and the Commissioner that in considera- tion of the Commissioner and/or the Government of the State of Queensland making and constructing and agreeing to make and construct a railway from Duchess Railway Station aforesaid to :Mount Isa aforesaid: ~ (1.) The Company shall on or before the date when the said railway is completed and opened for public traffic expend upon the opening up and development of the said properties a sum of not less than One hundred and fifty thousand pounds inclusive of all moneys heretofore expended by the Company on such opening up and development. (2.) The Company shall within a period of six calendar months from the completion and opening for public traffic of the railway hereinbefore mentioned expend a further sum of not less than One hundred and fifty thousand pounds upon water conser- vation for and in connection with the said properties and upon machinery and plant to be established within the period aforesaicl

1925. RAILWAYS. DtlChess to Monnt Isa Railway Act. .at the said properties or such other place or places in Queensland as may be agreed upon between the Company and the Commissioner for the purposes of the said mine: Provided that if the Company is prevented from carrying out the provisions of this clause within the time hereinbefore specified owing to circumstances over which in the opinion of the Governor in Council the Company has no control the Governor in Council may extend the said period of six ealendar months for a further period not exceeding six calendar :months. (3.) The Company will at the end of each of the first nine years after the said railway is completed and opened for public traffic pay to the Commissioner the amount if any by which the working expenses of and incidental to the maintenance and working ·of the said railway and the traffic thereon incurred during the year then ended and the interest on the capital cost of the construc- tion of the said railway during such year shall e:kceed the revenue received during such year or will pay to him the sum of Ten -thousand pounds whichever shall be the smaller sum and the Company will at the end of the tenth year after the said railway shall have been completed and opened for traffic pay to the Commissioner a sum equal to the amount if any by which the working expenses and interest on capital hereinbefore mentioned <!.aring the preceding ten years shall have exceeded the revenue received by the Commissioner during the same period less such amounts as shall then already have been paid by the Company to the Commissioner under the preceding provisions hereof in respect ·of the said first nine years: Provided that the total amount which shall be payable by the Company to the Commissioner under this clause of this agreement shall not in any' case exceed the sum of One hundred thousand pounds: And provided further and it is hereby understood that if and when the Commissioner shall have entered into an agreement in similar terms hereto with the Mount Isa Proprietary Silver Lead Limited for payments up to Three thousand pounds for each of the said.first nine years and with a total liability of Thirty thousand pounds in respect of the first ten years then if during any of the said first nine years the working expenses and interest on capital hereinbefore mentioned shall have exceeded the revenue during such year by Thirteen thousand pounds or more then the Company shall in respect of such year pay the full sum of Ten thousand pounds hereunder provided or if at the end of the tenth year the working expenses and interest Dn capital hereinbefore mentioned during the preceding ten years shall have exceeded the revenue received during the same period by One hundred and thirty thousand pounds or more then the Company shall pay to the Commissioner the full sum of One hundred thousand pounds but otherwise the amount of excess of such work- ing expenses and interest over revenue shall in each of the said first nine years or at the end of the tenth year respectively be apportioned between the Company and the Mount Isa Proprietary Silver Lead Limited (or any other Company person Syndicate or Partnership working or formed or proposing to work that Com- pany's leases which with the consent of the Commissioner has taken over and undertaken the liability of the lVlount Isa Proprietary Silver Lead Limited under its agreement with the Commissioner bereinbefore referred to) in the proportions of Ten pounds to 11531]

11532 RAILWAYS. Dnchess to Mount Isa Railway Act. 16 GEO. V. No. 28, Three pounds: Provided however and it is hereby expressly agreed and declared that the provisions for apportionment of loss between the Company and the Mount Isa Proprietary Silver Lead Limited shall immediately cease and determine if the Mount Isa Proprietary Silver Lead Limited (or any other Company person Syndicate or- Partnership which with the consent of the Commissioner shall have taken over and undertaken the liability of the Mount Isa Proprietary Silver Lead Limited under the said agreement) shall at any time become wound up or if an effective resolution for the winding up thereof shall at any time be passed or if any such person Syndicate or Partnership shall take the benefit of any law for the time being in force in the Commonwealth or any State relating to bankruptcy or insolvency ~md from and after the happening of any such event the Company shall be liHble to The Commissioner hereunder in the same manner as if the said provision for apportionment of loss had not been contained herein. (4.) Upon any claim being made by the Commissioner against the Company under this agreement a certificate under the seal of the Commissioner certifying to the amount of any working expenses. and/or interest and/or revenue hereinbefore referred to shall be conclusive between the parties as to such amount but the Commis- sioner will if required to do so by the Company furnish the Company with details showing how such claim is made up and with such evidence in support thereof as may reasonably be required. (5.) The Company shall forthwith take steps if considered necessary by the Commissioner to alter its Memorallaum of Associa- tion to the sati8faction of the Commissioner in such manner as to> enable it. to legally make this agreement. (6.) If the Company shall fail to observe the provisions of Clauses 1 and 5 hereof the Commissioner and the said Government shall immediately be relieved of all obligations in respect of the construction of the said railway and also if the Company shall fail wholly or in part to expend the moneys referred to in Clauses 1 and/or 2 hereof and by· the Company required to be expended within the times therein set out the Company shall and will immediately forfeit and pay to the Commissioner by way of liquidated damages and not as a penalty a sum equal to the amount of money so failed to be expended by it. (7.) The term "working expenses" whenever used herein shall include all expenses of superintendence (including a reason- able proportion of Head Office expenses) in addition to all costs and expenses incurred for material and labour in connection with the working and maintenance of the said railway and all rolling stock used thereon and all other expenses of whatsoever nature rightly charged according to the practice of the Commissioner against the said railway. In witness whereof the parties hereto have hereunto set thtir hands and seals the day and year first hereinbefore written. The Common Seal of Mount Isa Mines ) Limited was hereto affixed by 5 in the presence of- t !J'he Official Seal of The Commissioner for Railways was hereto affixed by j in the presence of-

1925. RAILWAYS. Duchess to Mount Isa Railwa,y A.ct. PART n. This Agreement made the day of One thousand nine hundred and twenty between Mount Isa Pro- prietary Silver Lead 1-1imited a Company duly incorporated in the State of New South Wales and registered under the British Companies Acts of the State of Queensland (hereinafter with its lawful successors and assigns called "the Company") of the one part and The Commissioner for Railways of the 'State of Queens- land (hereinafter called" the Commissioner") of the other part: Whereas the Company is the proprietor of certain mining properties at Mount Isa near Cloncurry in the State of Queensland and has for some time past been engaged in opening up and developing such mining properties: And whereas the Company is desirous that a railway be constructed from Mount Isa aforesaid to Duchess Railway Station junctioning with the Townsville to Duchess line: Now it is hereby agreed by and between the Company and the Commissioner that in consideration of the Commissioner and/or the Government of the State of Queensland making and construct- ing and agreeing to make and construct a railway from Duchess Railway Station aforesaid to Mount Isa aforesaid- (1.) The Company shall on or before the date when the said railway is completed and opened for public traffic expend upon the opening up and deve!opment of the said properties a sum of not less than Fifty· thousand pounds inclusive of all moneys heretofore expended by the Company on such opening up and development. (2.) The Company shall within a period of six calendar months from the completion and opening for public traffic of the railway hereinbefore mentioned expend a further sum of not less than Fifty thousand pounds upon water conservation for and in c0nnection with the said properties and upon machinery and plant to be €stablished within the period aforesaid at the said properties or such other place or places in Queensland as may be agreed upon between the Company and the Commissioner for the purposes of the said mine: Provided that if the Company is prevented from carrying out the provisions of this clause within the time herein- before specified owing to circumstances over which in the opinion of the Governor in Council the Company has no control the Governor in Council may extend the said period of six calendar months for a further period not exceeding six calendar months. (3.) The Company will at the end of each of the fir~ t nine years after the said railway is completed and opened for public traffic pay to the Commissioner the amount if any by which thc working expenses of and incidental to the maintenance and working of the said railway and the traffic thereon incurred during the year then ended and the interest on the capital cost of the construc- tion of the said railway during such year shall exceed the revenue received during such year or will pay to him the sum of Three thousand pounds whichever shall be the smaller sum and the Company will at the end of the tenth year after the said railway shall have been completed and opened for traffic pay to the Commissioner a sum equal to the amount if any by which the working expenses and interest on capital hereinbefore mentioned 11533

11534 RAILWAYS. Dtlchess to Mount Isa Railway Act. 16 GEO. V. No. 28, during the preceding ten years shall have exceeded the revenue received by the Commissioner during the same period less such amounts as shall then already have been paid by the Company to the Commissioner under the preceding provisions hereof in respect of the said first nine years: Provided that the total amount which shall be payable by the Company to the Commissioner under this clause of this agreement shall not in any case exceed the sum of Thirty thousand pounds: And provided further and it is hereby understood that if and when the Commissioner shall have entered into an agreement in similar terms hereto with the Mount Isa Mines Limited for payments up to Ten thousand pounds for each of the said first nine years and with a total liability of One hundred thousand pounds in respect of the first ten years then if during any of the said first nine years the working expenses and interest on capital hereinbefore mentioned shall have exceeded the revenue during such year by Thirteen thousand pounds or more then the Company shall in respect of such year pay the full sum of Three thousand pounds hereunder provided or if at the end of the tenth year the working expenses and interest on capital hereinbefore mentioned during the preceding ten years shall have exceeded the revenue received during the same period by One hundred and thirty thousand pounds or more then the Company shall pay to the Commissioner the full sum of Thirty thousand pounds but otherwise the amount of excess of such work- ing expenses and interest over revenue shall in each of the said first nine years or at the end of the tenth year respectively be apportioned between the Company and the Mount Isa Mines Limited (or any other Company person Syndicate or Partnership working or formed or proposing to work that Company's leases which with the consent of the Commissioner has taken over and undertaken the liability of the Mount Isa Mines Limited under its agreement with the Commissioner hereinbefore referred to) in the proportions of Three pounds to Ten pounds: Provided however and it is hereby expressly agreed and declared that the provisions for apportionment of loss between the Company and the Mount Isa Mines Limited shall immediately cease and determine if the Mount Isa Mines Limited (or any other Company person Syndicate or Partnership which with the consent of the Commissioner shall have taken over and undertaken the liability of the Mount Isa Mines Limited under the said agreement) shall at any time become wound up or if an e.ffective resolution for the winding up thereof shall at any time be passed or if any such person Syndicate or Partnership shall take the benefit of any law for the time being in force in the Commonwealth or uny State relating to bankruptcy or insolvency and from and after the happening of any such event the Company shan be liable to the Commissioner hereunder in the same manner as if the said provision for apportionment of loss had not been contained herein. (4.) Upon any claim being made by the Commissioner against the Company under this agreement a certificate under the seal of the Commissioner certifying to the amount of any working expenses and/or interest and/or revenue hereinbefore referred to shall be conclusive between the parties as to such amount but the Commis- sioner will if required to do so by the Company furnish the

RAILWAYS. 1925. Duchess to MOtlnt Isa Railway Act. Company with details showing how such claim is made up and with such evidence in support thereof as may reasonably be required. (5.) The Company shall forthwith take 'steps if considered necessary by the Commissioner. to alter its Memorandum of Associa- tion to the satisfaction of the Commissioner in such manner as to -€nable it to legally make this agreement. (6.) If the Company shall fail to observe the provisions of Clauses 1 and 5 hereof the Commissioner and the said Government shall immediately be relieved of all obligations in respect of the -construction of the said railway and also if the Company shall fail wholly or in part to expend the moneys referred to in Clauses 1 andlor 2 hereof and by the Company required to be expended within the times therein set out the Company shall and will immediately forfeit and pay to the Commissioner by way of liquidated damages and not as a penalty a sum equal to the amount ()f money so failed to be expended by it. (7.) The term "working expenses" whenever used herei~ shall include all expenses of superintendence (including a reason- able proportion of Head Office expenses) in addition to all costs and expenses incurred for material and labour in connection with the working and maintenance of .the said railway and all rolling stock used thereon and all other expenses of whatsoever nature rightly charged according to the practice of the Commissioner against the said railway. In witness whereof the parties hereto have hereunto set their hands and seals the day and year first hereinbefore written. J "The Common Seal of Mount Isa Proprietary Silver Lead Limited was hereto affixed by in the presence of- The Official Seal of The Commissioner lor ) Railways was hereto affixed by 5 in the presence of- 11535 TOOWOOMBA PUBLIC LAND MORTGAGE. See PARKS AND PUBLIC LAND. TOWNSVILLE BRIDGES. See BRIDGES. TOWNSVILLE, CITY OF, PUBLIC HALL IMPROVEMENT. See BUILDINGS. TRADES AND LABOUR HALL, IPSWICH, LEASE. See BUILDINGS.