Etheridge Railway Act of 1906 (6 Edw VII No. 2) (Qld)

9164 RAILWAYS. Etheridge Railwa!fAct. 6 Enw. VII. No. 2, south boundary of portion 115v, the east and south boundaries of portion 114v, part of the east boundary of portion 117v, the east boundary of, portion 119v, the east and south boundaries of portion 192v, the west boundary of portion 188v, all in the parish of ROllalie. alld a line southerly to the north-east corner of portion 52v, parish of Moola i thence by the east boundary and part of the south boundary of that portion, the east and south boundaries of portion 82, part of the east boundary and the south boundary of portion 83, both in the parish of Moola; part of the east boundary and the south boundary of portion 76, the south boundary of portion 18, both in the parish of Irvingdale; part of the south boundary of portion 21, parish of Moola, the east and south boundaries of portion 70, and part of the south boundary of portion 13, a. line southerly to the north-east corner of portion 48v, the north boundary and part of the west boundary of that portion, the north boundary and part of the west houndary of portion 1545, the north boundary of portion 1397, part of the east boundary and the south boundary of portion 1515, part of the south boundary of portion 1516, part of the west boundary of portion 1124, the north boundaries of portions 1470 and 1320, the north boundary and part of the west boundary of portion 1531, the north boundary and part of the west boundary of portion 1569, the north boundary of portion 25v, the north boundary and part of the west boundary of portion 1535, the north boundary and part of the west boundary of portion H)36, the north boundaryanJ part of the west boundary of portion 318, the north boundary and part of the west boundary of portion 315, the south boundary and part of the west boundary of portion 325, and the south boundary of portion 918, all in the pari~ h of Irvingdale; by' the south-east boundaries of portions 5v, 22v, and 23v, the south-east and south boundaries of port,ion 163, the south boundaries of portions· 166.167,170,171, and the south boundary and part of the west boundary of portion 172, all in the parish of Dalby, to the point of commencement j comprising parts of the parishes of Dalby and Irvingdale, the whole of the parishes of Cumkillenbar, Moola, and Maida Hill, and parts of the parishes of Mahen, Palmer, and Jimbour, all within the Shire of Wambo, and parts of the parishes of Rosalie and Irvingdale, within the Shire of Resalie. 6 Edw. VII. An Aot to Validate an Agreement entered into N. ;~ : . between the Seoretary for Railways, for and on ~ ~ ~ ~ ~E behalf of the Government·of Queensland, and AOTOF 1906. The Chillagoe Railway and lVIines, Limited, for the Construotion of a Line of Railyvay from. Chillagoe to Georgetown, and to Authorise the Construotion of the said Railway, and to; make Provision for oertain lVIatters inoidental to the Construotion, lVIaintenanoe, lVIanage- ment, and. Working thereof. [ASSENTED TO 15TH SEPTEMBER, 1906.] Preamble. W HEREAS by a resolution passed by the Legislative' Assembly on the fifteenth day and concurred in. by,_ tlH~ L, egi~lative: Council o;n..,the, !;lixteenth day of December, : ' , l- ~

RAILWAYS. 9165 1906. Etherid.qe Railway Act. one thousand nine hundred and five, it was resolved that the Secretary for Railways be authorised to enter into an agreement, subject to its validation by an Act of Parlia- ment, on behalf of the Government with any person or persons, joint stock company or corporation, for the con- struction of a line of railway commencing at or near Ohillagoe, on the Ohillagoe Hailway, and proceeding thence by a route to be mutually agreed upon, and to be approved by the Oommissioner for Railways, to a terminal point at or near Georgetown, on the Etheridge Goldfield, in accordance with plans and specifications to be approved of by the Oommissioner; and that such agreement should contain certain provisions and stipulations to the effect set forth in the said resolution: And whereas, pursuant to the said resolution, on the fifth day of February, one thousand nine hundred and six, an agreement was entered into between the Secretary for Railways, for and on behalf of the Government, arid the Ohillagoe Railway and Mines, Limited, a Company duly incorporated and registered as a Limited Oompany in accordance with the laws of Queensland, its successors and assigns, for the construction of the said line of railway, a copy of which agreement is set forth in the Schedule to this Act: And whereas the said Oompany has duly made the deposit of five thousand pounds required by clause five of the said agreement, and such sum is now held by the Commissioner as security under and for the purposes of the said agreement: And whereas it is desirable that the said agreement should be validated by an Act of Parliament, and that the construction of the said line of railway in accordance with the said agreement should be duly authorised, and that provision should be made for certain matters incidental to the construction, maintenance, management, and working of the said line of railway: . Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Oouncil and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as "The Etheridge Railway Short title. Aot Of 1906."

9Hj6 RAILWAYS. Efl/eridge Railway Act. 6 Enw. VII. No. 2, VaJidation or 2. (1.) The agreement entered into on the fifth day of ( § ~ ~ ~ :f: ~~ ) February, one thousand nine hundred and six, between the Secretary for Railways, for and on behalf pf the Govern- ment, and the Chillagoe Railway and Mines, Limited (hereinafter with its successors and assigns referred to as the Company), for the construction of a line of railway from Chillagoe to Georgetown (hereinafter referred to as the railway) and for the maintenance, management, and working of the same, a copy of which agreement is set forth in the Schedule to this Act, is hereby validated. Constructiou, (2.) The construction, maintenance, management, and ! ~ thorised. working of the railway in pursuance of the agreement and subject to the provisions of this Act are hereby authorised and approved. Alterati. on~ (3.) If after the route of the railway has been ~ f~~ ~ ;~ ~ tlOns mutually agreed upon and approved by the Commissioner the Governor in Council is satisfied upon the report of the Commissioner that it is expedient to authorise the Company in constructing the railway to make any altera- tion or deviation of the said route, the Governor in Council may authorise such alteration or deviation, and the railway shall be constructed accordingly. Certificates. (4.) Before the railway, or any section, is deemed to be completed and ready for public traffic the railway, or .such section, shall be inspected by a competent engineer acting under the authority of the Commissioner; and the Commissioner, if it has been proved to his satisfaction that the railway, or such section, as the case may be, has been constructed wholly in accordance with the said agreement and the provisions of this Act, and is safe and fit for public traffic, shall so certify to the Oompany. The Oommissioner shall also, by the same or another certificate, declare the actual cost of construction of the railway, or such section, as the case may be, in accordance with the provisions of clause six of the said agreement. (5.) The Commissioner shall also by another certifi- cate, as soon as possible after the thirty-first day of December and the thirtieth day of June in each year, declare what the gross revenue of the railway has been for the last preceding six months, and, after deducting all sums on account of the management, working, and maintenance of the railway for the same period, qeclare what the net profits have been, and shall thereupon pay over to the Company any such profits in excess of the amount of the bonus or subsidy of two and a-half per centum payable by

1906. RAILWAYS. Etheridgp, Railwf7!! dct. the Government under clause eleven of the said agree- ment. The amount of such profits, not exceeding the amount of such bonus or subsidy, shall belong to the Oommissioner. The expenditure during each half-year shall be classified as follows : - (1) Maintenance per mile open; (2) Management and working expenses per train mile, including a proper allowance for the use of any rolling-stock supplied by the Oommis- sioner for the use of the railway: Provided that in neither case shall the total amounts exceed by more than twenty-five per centum the average annual cost per mile or per train mile respectively on the railway constructed under" The Mareeba to Chillagoe Railway Act ol 1897"* during the three years preceding the date of the said agreement: And provided further that, in case of any difference or dispute between the Oom- missioner and the Oompany as to the amount of such net profits or otherwise in relation to the premises, the matter in difference or dispute shall be settled by arbitration in pursuance of clause nineteen of the said agreement. (6.) All sums of money which, in pursuance of the ~ ppropria. agreement, may from time to time become payable by the tion. Government are hereby appropriated for the purpose. 3. The railway may be constructed, maintained, and Public worked upon, along, across, over, or under any public road roads, &0. or highway, and no claim, action, or other proceeding shall be made, had, or taken for or in respect of any alleged obstruction of any such road or highway by the railway. 4. (1.) All Orown lands which are required for the L~ nds for too purposes of the railway may be taken, used, and occupied. raIlway. (2.) All lands other than Orown lands which are required for the purposes of the railway shall and may be resumed by the Oommissioner from the owners thereof or the persons having any interest therein. rrhe Oommissioner may and shall for the purposes of such resumption exercise all the powers and privileges conferred on him bv 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 purpose of effecting such resumption and of assessing the * 61 Vie. No. 19, supra, page 6468.

~168 RAILWAYS. Etheridge Railway Act. 6 EDW. VII. No. 2, compensation to be paid for the lands so resumed in the same manner and to the same extent as if the railway were a Government railway. All the purchase money and compensation payable in respect of lands so resumed, together with all expenses incurred in connection with the resumption thereof, shall be deemed to be part of the cost of construction of the railway within the meaning of the agreement, and shall be provided and paid accordingly. Exercise of . 5. The Company shall have, and may from time to tphoewRerasiluwnadyer t· lme eXerCI.Se, . In respect 0 f the const ruct·IOn 0 f the ra! ·1way, Acts. all the powers and authorities which the Commissioner may exercise under the laws in force for the time being relating to the construction, maintenance, and manage- ment of railways (hereinafter referred to as the Railway Acts) with respect to any of the matters following, that is to say,- (a) The preparation of plans and sections; (b) The entry on any lands and the taking tempo- rary possession thereof for the purpose of making any survey, or of taking earth or soil therefrom, or depositing soil thereon, or obtain- ing any materials thereon or therefrom, or forming roads thereon; (c) The carrying out of accommodation works required for the use and benefit of owners and occupiers of lands adjoining the railway. Works for benefit of owners. 6. The Company shall make such and so many of the following works for the accommodation of the owners and occupiers of lands adjoining the railway as the Commis- sioner considers necessary, that is to say,- (i.) Gates, bridges, arches, culverts, and passages over, under, or by the sides of or leading to or from the railway, for making good any inter- ruptions to the use of the lands through which it is made; . (ii.) Arches, tunnels, culverts,' or other passages .over, under, and alongside of the railway, of such dimensions as to convey the water as clearly as before the construction of the rail- way from the lands adjacent to or affected by the same, or as nearly so as may be. All such works shall be made during the construction of the railway, and shall be thereafter maintained.

RAILWAYS. 9169 HlOG. Ether£d.qe Railway ..dot. 7. (1.) No person who not being' of European descent Certain has not first obtained in the prescribed manner a certificate ! . ~ ~ ~ ~ ~ ted. that he is able to read and write from dictation words in the English language shall be employed by the Company in or about the construction of the railway, under a penalty oof one pound for each such person for every day during which such person is employed. (2.) The Commissioner may from time to time for the J>urposes of this Act make Regubtions for the examination and granting to lJersons not of European descent certifi- -cates of ability to read and write from dictation words in the English language. All such Regulations shall be subject to the approval of the Governor in Council, and :when so approved shall be published in the Ga.zette, and from and after such publication shall have the force of law and be of the same effeet as if they had formed part of this Act. 0 8. All labour employed on construction of the railway Rate of shall be paid at the currf~ nt rates of wages for similar wages. dasses of labour ruling in the district during time of -construction. 9. (1.) Subject to the agreement, the Commissioner Power.of shall, in respect of all matters relating to the maintenance, 8 C I : 0 O I n D e I r ll . lS- management, and working of the railway, have the same powers and authorities, including the power to make By-laws and Regulations, and be subject to the same duties and obligations as if the railway were a railway vested in the Commissioner: Provided that the opening for public traffic and Openi;tg of working by the Commissioner of any completed section of ~os:~ : :tnot the railway shall not authorise the Commissioner in any work of . way to delay, hamper, or restrict the Company in the constructIOn. construction of the remainder of the railway; but, on the contrary, the Commissioner shall afford to the Company free and unrestricted running powers over such completed section for the purpose of the conveyance of material, appliances, and workmen, and shall grant all such preferences to the Company's rolling-stock as are reason- able and proper to expedite the work of construction. (2.) Every person who does any act on or with respect Offences. to the railway, or connected with the construction, main- tenance, management, or working thereof, or the business or property of the Company, which, if done on or with respect to any railway vested in the Commissioner, or con- nected with the construction, maintenance, management,

9170 RAILWAYS. Eth".. ic!.qe Railway Act. 6 Ellw. VII. No. 2, Notices. or working of such railway, or the business or property of the Commissioner, would be an offence punishable under the Railway Acts, shall be liable to be apprehended, detained, proceeded against, and punished for such offence in the manner and to the extent (including damages, if any) provided by the Railway Acts. (3.) The provisions of the Railway Acts with respect to the publication and maintenance of lists and notices of all tolls and charges, and of all by-laws, regulations, and particulars of offences, shall apply in the same manner and to the same extent as if the railway were a railway vested in the Commissioner. The averment in any information or complaint that the provisions of the Railway Acts with respect to the publication and maintenance of any such lists, notices, by- laws, regulations, or particulars of offences have been com- plied with shall be sufficient evidence of such compliance until the contrary is shown. Moth'epower, 10. The Company and the Commissioner may use and &c. employ on the railway locomotive engines propelled by steam or other motive power, and rolling-stock to be drawn and propelled thereby. Mines under 11. (1.) If the owner of any mine or minerals lying :railway. under the railway is desirous of working the same, he 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 railway 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 railway or interfere with the stability thereof, or whether the provisions of this section are being contravened, 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 railway passes wherein any such mine is being worked or is I'mp- posed so to be, and enter into and return from any such mine or the works connected therewith, and for that

RAILWAYS. 9171. 1906. Eflw<rid!Jfi Railw{f;V Act. 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 Com- missioner a sum of twenty pounds, to be recovered by complaint 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 railway or interfere with the stability thereof, or that the provisions of this section have been contravened, the Commissioner may, if he thinks fit, give notice to the owner of the mine to con- struct such works and to adopt such means as are, in the opinion of the Commissioner, necessary for making safe the railway and preventing injury thereto. 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. 12. With the consent of the Governor in Council the Po,!,"er to C<?mpany may from time to time assign or transfer to any IlSSlgn. person all or any the rights, powers, privileges, authorities, concessions, interests, and property conferred upon the Company by the said agreement and by this Act. Upon every such assignment or transfer, the assignee or trans- feree shall, so far as the assignment or transfer extends, have the same rights, powers, and privileges, and be sub- ject to the same duties, obligations, and penalties, as the Company has and is subject to under the said agreement and this Act: Provided that no such consent to any such assignment or transfer to any corporation or joint stock company shall be given by the Governor in Council unless or until such corporation or joint stock company has been duly registered in Queensland in accordance with " l'he CompaniesAct, 186~ , " * or " The British Companies Aat of 1886,"t or duly ... 27 Vie. No. 4, supra, page 144. t 60 Vie. No. 31, supra, page 198.

9172 RAILWAYS. Etheridge Railway Act. 6 EDW. VII. No. 2, registered in the Commonwealth in accordance with some general Act of the Parliament of the Commonwealth. Power to mortgage. 13. To secure the payment of any money borrowed by the Company for the purposes of the construction of the railway, the Company may from time to time issue. debentures or give and execute mortgages or other charges or securities over the concessions, interests, and property conferred upon the Company by the said agreement and by this Act: Such debentures or securities may be in such form and contain such provisions not inconsistent with the said agreement and this Act as the Company considers expedient: Provided always that no person shall, under or by virtue of any such debentures or securities, have any right, authority, claim, or remedy to delay, hamper, or restrict, or otherwise prejudice the Commissioner in the possession, management, control, and working of the railway or any completed section thereof when opened for public traffic, or the Government in taking peaceful and full possession of the railway under the said agreement discharged from all such debentures and securities: Provided, moreover, that all such debentures and securities shall be deemed to be mortgages ·within the meaning of "The Wages Act Qf 1870 ,,* and" The Wages Act, 1884" t; and the provisions of those Acts shall be preserved in favour of all persons employed by the Com- pany in the construction of the railway: Provided further that the amount for the time being due to all persons employed by the Company in the construction of the railway in respect of wages or other earnings shall be a first charge upon the property con- ferred upon the Company by the said agreement and by this Act, and shall be payable in priority to all other debts, secured or unsecured, of the Company incurred or created after the passing of this Act; and such first charge, shall include all costs awarded against the Company in any proceedings to recover such wages or earnings. What land 14. The area of land occupied by or used in connection reaxteinmgp. t from with the railway shall not be taken to be rateable land within the meaning of " The Local Authorities Act of 1902," t or any Act amending or in substitution for the same. But this provision shall not be taken to exempt 11< 34 Vie. No. 16, supra, page 1522. t 48 Vie. No. 14, supra, page 1524: t 2 ]Jdw. VII. No. 19, supra, page 8355.

RAILWAYS. 9173 1906. Etheridge Railway A.ct. the Company from liability to pay any rates which may by law be or become payable in respect of any other lands owned or occupied by them. 15. Nothing in this Act shall prevent the Govern- Government ment from at any time constructing and thereafter main- m.i~ cOI!-r ect taining any line of railway or tramway in continuation of Wl ral way. the railway, or any collateral branch railway or tramway communicating or connecting with the railway. 16. Nothing in this Act shall give the Company any No claim to claim to compensation in the event of the Commissioner c~ mpensation being at any time authorised by Parliament to construct glVen by Act. any line of railway or tramway, the construction of which may be deemed to injuriously affect the railway. THE SCHEDULE. [See s.2.] AGREEMENT entered into this fifth day of February, 1906, between the Honourable Digby Frank Denham, Secretary for Railways of the State of Queensland, for and on behalf of the Government of the said State (hereinafter called "the Minister"), of the one part, and the Chillagoe Railway and Mine~ , Limited, being a Company duly incorporated and registered as a Limited Company in accordance with the Jaws of the said State, its Successors and Assigns, and hereinafter called the" Company," of the other part. Whereas the Company is the proprietor of the line of Railway known as the Mareeba to Chillagoe Railway, which was constructed under the provisions of" The Mareeba to Ohillagoe Railway Act (If 1897."* And whereas the Company has for some time past been desirous of having a line of Railway constructed to connect the Company's Railway and Smelting Works with the Etheridge Goldfield and intervening places, and with that object has been negotiating with the Minister for the construction thereof. And whereas the Government of the said State is the proprietor of a line of Railway between the port of Cairns and Mareeba, and also of a line of Railway from Mareeba to Atherton, in the said State. And whereas the parties have agreed to procure the construction of the proposed line of Railway upon the terms, conditions, and stipulations hereinafter set forth. And whereas, by resolution moved purRuant to notice, the Legislative Assembly of the said State did, on the 15th day of December last, duly resolve- (1.) That the Secretary for Railways is hereby authorised to enter into an agreement, subject to its validation by an Act of Parliament, on behalf of the GOHrnment with any person or persons, joint stock company, or corporation (hereinafter referred to as "the contractor") for the construction of a line of railway commenciug at or near Chillagoe, on the Chillagoe Railway, and proceeding thence, by a route to be mutually agreed upon and * 61 Vie. No. 19, supra, page 6468.

9174 RAILWAYS. Etherid.qe RniiW(1.y Act. 6 EDw. VII. No. 2, to be approved by the Comnlissioner for Hailways (hereinafter referred to as "the Commis· sioner"), to a terminal point at or near Georgetown, on the Etheridge Goldfield, in aocordance with plans and specifications to be approved of by the Commissioner; and that such agreement shan contain provisions and stipulations to the effect following, that is to say :-- (i.) The contractor shall construct the railwav within five years from tbe date of the agreement; the railway to be constructed on a gauge of 3 feet 6 inches, and the whole of the work to be carried out to the satisfaction of the Commissioner; (ii.) Within three months after the date of the agreement, the contractor shall make a deposit of .£5,000, to be held by the Commissioner as security for the due performance of the agreement; the contractor to pe entitled in the meantime to such rate of interest as is paid to Government Savings Bank depositor.; the deposit to be repaid if the railway is completed within the time limited; otherwise the deposit may be forfeited; (iii.) The cost of construction (including cost of material, duty, freight, carriage, insurance. labour, supervision, survey, brokerage, and underwriting of loans) shall not exceed £450,000; all payments on account to be subject to audit and certificate of the Commissioner; the total cost to be certified by him on completion of the railway; (iv.) The Commissioner shall work and maintain the railway or any section as completed with his own staff ; (v.) The rates for carriage of goods, live stock, p~rce1s, and passengers shall not exceed those authorised for the ChiJlagoe Railway on the 12th September, 1900; no discrimination or undue preference to be permitted; (vi.) Th", cost of management and working shall be a.certained on basis of train mileage, and that of maintenance on basis of mileage length; such cost in neither case to exceed by more than twenty-fi ve per cent. the average annual cost of working and maintenance on the Chillagoe Railway during three years preceding the date of the agreement; and, with the view of ascertaining accurately the latter, the Commissioner, or hi. accredited representative, is to be permitted to examine the bO(jks and accounts of the Chillagoe Railway for the period specified ; (vii.) The Government will assist the contractor by payment half·yearly of a subsidy during fifteen yea·rs equal to ~ per cent. per annum on the cost of construction not exceeding £450,000, or until the railway is completed on the amounts actually expended; (viii.) Until the railway is acquired by the Government, half.yearly balances shall be made out, and any profit on working over and above the Government subsidy shall belong to the contractor; (ix.) At the end of fifteen years from the date of the agreement the railway shall vest in Government on the basis of a purchase; the price to be 28t times the average annual net earnings (i.e., the excess of reoeipts over management, maintenance, aud working expenses) during the 1aot five years; the purchase money to be paid, at the option of the Government, either in cash or in 4 per cent. inscribed stock; (x.) All differences shall be settled by arbitration ; together with such further provisions and stipulations as are deemed necessary and proper to give due effect to the agreement, and to ensure the coustruction, maintenance, and working of the railway and the acquirement thereof by the Government. And wbereas tbe said Legi~ lative Assembly did, on tbe same day, duly resolve tbat the said Resolution be forwarded to the Legislative Conncil of the said State, for their concurrence, by Messa\!e in the usual form. And whereas tbe said Le!.(islative Oouncil did, on the sixteentb day of December last, duly take tbe sait! Message and Resolution into consideration, and thereupon concurred in the said Resolution. And whereas His Excellency Tbe Right Honourable Frederic John N apier, Baron Ohelmsford of Ohelmllford, in the Oounty of Essex, in the Peerage of tbe United Kingdom, Governor of the said State of Queens- land, acting by and with the advice of tbe Executive Oouncil of the said State, did, on tbe tbird day of February inHtant, concur in and approve of this Agreement, and authorised the Minister, on bebalf of the Government of the said State, to enter into the same. Now tbis Agreement witnesspth that, in consideration of the premises and of tbe respective covenants, conditions, and stipUlations hereinafter

RAILWAYS. 1906. Etlieridge R,flilwa.1J Act. containeli, the said parties do and each of them doth mutually covenant, promise, and agree with and to the other of them as follows, that is to say:- 1. In this Agreement, unless the context otherwise requires, the following terms have the meanings set against them respectively, that is to say:- " MiniRter"-The said Secretary for Railways or other the Minister of the Orown charged with the administration of the Railway Acts; "(10mmissioner"-The. Oommissioner for Railways duly appointed under the Railway Acts or other officer or officers charged with his powers and duties ; "Oairns-Mareeba Railway"-The said line of Railway from the port of Oairns to Marecba, the property of the Government of the said State; "Ohillagoe Railway"-The line of Railway from Mareeba to Ohillagoe, the property of the Oompany; "Etheridge Railway"-The line of Railway to be constructed under this Agreement, and which is intended to commence at Ohillagoe or some adjacent point on the Ohillagoe Railway, and to extend to a terminal point at or near Georgetown on the Etheridge Goldfield. When the line of Railway is constructed, the term shall mean the line of Railway so constructed; •• Superintendent "-The Superintendent for the time being of the Oompany, or other officer or officers charged by the Oompany with his powers and duties. 2. The Etheridge Railway shall commence at or near Ohillagoe, and shall proceed thence by a route to be mutually agreed upon and to be approved by the Oommissioner, to a point at or near Georgetown. on the Etheridge Goldfield, to be selected and approved of by the Oommissioner and the Oompany upon considerations of probable traffic and construction cost. 3. The Minister shall, without unnecessary delay, endeavour to obtain the validation of this Agreement by an Act of Parliament of Queensland, with full and complete statutory power, for the construction and working of the Etheridge Railway, and for all things pertaining to an Agreement covering the conditions hereof. 4. The Plans and Specifications for the Etheridge Railway shall be approved of by the Oommlssionerand shall be in accordance with the conditions herein set forth. It shall· be constructed on the standard a-feet 6-inch gauge, and the whole work connected with its construction. shall be carried out to the satisfaction of the Oommissioner; but the Plans and Specifications shall be for a railway capable of carrying a moderate mineral traffic, and of conveying passengers with safety at a rate of speed not exceeding 15 miles an hour. The ruling gradient to be 1 in 40, but the gradient may be varied to 1 in 25 for short distances where necessary to avoid very heavy outlay in construction or where compensating gradients can be provided for. The .minimum radius of curves to be 5 chains; 40-lb. rails to be used. Low-level bridges to be used where feasible. Local timber to be used where available for sleepers and bridgework. 5. Within three months after the date of this Agreement the Oom- pany shall place the sum of £5,000 on fixed deposit at interest in the name of the Oommissioner in the Government Savings Bank at BrisbanE', and shall deliver to the Oommissioner the deposit receipt for such sum to the intent that such moneys may be held by the Oommissioner as security in accordance with the. provisions hereinafter mentioned. The Oompany 9175

9176 RAILWAYS. Etheridge Railway Act. 6 EDW. VII. No. 2, shall be entitled to interest at the rate from time to time paid to private depositors in the Government Savings Bank on the whole of the Raid deposit so long as it remains in the said Bank, in accordance with the terms of this Agreement. Provided that if the Company shall not com- plete the Etheridge Railway within a period of five years from the date of this agreement the said sum of £5,000 shall be liable to be absolutely forfeited to His Majesty, and may be dealt with as the Governor in Council may direct by Order in Council published in the Gazette. Provided, further, that if the Etheridge Railway is completed to the satisfaction of the Commissioner within the said term of five years from the date of thi~ Agreement. or if validation of this Agreement by Act of Parliament is not obtained by the Minister within nine months from the date hereof, the Commisl'lioner shall immediately repay to the Company the said sum of £5,000, if demanded by the Company. 6. The cost of construction, including the actual cost of material, duty, and charges made for freight, carriage. and insurance, and of labour, including supervision and inspection, and of survey, and of brokerage, and of underwriting charges, incurred in providing the money necessary to cover such cost, and of law costs, shall not exceed £450,000, and the amount thereof shall be ascertained and decided as follows : - All payments shall be duly vouched. for, and vouchers for such pay- ments shall be audited by the Commissioner, and if, in his opinion, sllch payments are fit and proper charges against the Railway Construction Account, shall be passed by him as such. Upon the completion of the Railway the total of such vouchered expenditure, duly certified by the Commissioner, shall be the cost of construction of the Railway. 7. The Etheridge Railway, when completed, or such section of it as may from time to time be approved of for the purpose by the Commis- sioner, shall be opened for public traffic, and shall be worked, manned and maintained by the Commissioner with his own staff. But until the railway is completed, or until the Commissioner thinks proper to under- take the working of any section of it, the Company may, for the convenience of workmen employed in the work of construction and oiher persons, work the railway or any section of it, making fair and reason': able charges for the service. Provided that all such charges and ar;ra~gements shall be subject to the approval ann consent of the Com- mISSIOner. 8. The rates of tolls, fares, freights, and charges for the carriage of goods, live-stock, parcels, and passengers, to be charged by the Commis- sioner on the Etheridge Railway, shall be calculated on a mileage basis. and shall be the same a~ the rates authorised on the Chillagoe Railway under the Schedule of rates, fares, and freights, dated 12th September, 1900, and authoriRed by the Governor in Council under" The Mareeba to Ohillagoe Railway Act of 1897."* Such rates shaH apply equally to all persons, and the Company shall have the right of inspection of an accounts, books, and documents connected with the traffic on the Etheridge Railway, but the Commissioner may (with the written consent. of the Company, and for the purpose of promoting traffic, and the development of the districts Rerved by the Etheridge Railway) undertake to carry minerals and ores of different qualities und any other special classes of goods at reduced rates of ireight to be approved of by the Company. Provided, however, that any such reduction of rates of freight shall be determinable at any time upon three months' previous notice being given to the other by either the Commissioner or the Company. '" 61 Vie. No. 19, supra, page 6468.

RAILWAYS, 1906 Etheriilge Railway Act. 9. For all the purposes of this Agreement the cost of the manage- ment and working expenses of the Etheridge Railway shall be ascertained on the basis of the train mileage, and the cost of maintenance of the Etheridge Railway shall be ascertained on the basis of mileage length, but the total working and maintenance expeMes charged by the COlumis- sioner shall not be higher tha,n one-and-one-quarter times the average annual total cost of working and mamtaining the Chillagoe Railway during the three years preceding the date of thiR Agreement; and with the view of ascertaining accuratply the latter, the ComllliRsioner or his accredited representative is to be permitted to examine the books a,nd accounts of the ChilIagoe Railway for the period specified. 10. };'rom the commencement and until the Etheridge Railway is actually acquired by the Government of Queensland in the manner heteinafter provided half-yearly balances shall be made, and any profit made ftom working the railway in any half-year over and above the bonus ot subsidy hereinafter mentioned shall go and belong to the Company. 11. The tofal cost of the Etheridge Railway, liS specified ili clause tl hereof, ~ hail be provided by the Company with the assistance of the Gofernment, such assistance to be as follows:- (a) The payment by the Government during the currency of the Agreement of a Bum equal and amounting to 2t pel' cent. pe l' annum on such cost actually ineurred (and not exceeding- £400,000), payable half-yearly. But in the cornputation of these half-yearly payments the money" expended by the Company on this work during the currency of any lutlf.yeal'" 8ha11 only be taken into account as from the end of such half-year, and the total expenditure for the half-yeliir shall be treated as 1'f it had all been incurred on the last day of that half-year whereon interest ~ hall accrue during, and be payable on the day after the end of, the next succeeding half-year; (b) By the purchase by the Government of the Etheridge Railway at the termination of fifteen years from the date hereof. The price to be paid by the Government shall be twenty-eight !fnd four-~ eventh times the amount of the average annnal net earnings (that is to say, the excess of receipts over manage- ment, maintenance, and working expenses) of the line during the period of five years immediately preceding the date of the purchase of the line. 12. The payment by the Government of the amount due to the Company for the purcha~e of the :Etheridge Railway shall be made in London to the Company 01' its nominee, and may, at the option of the Government, be made either in cMh or in inscribed stock bearing interest at 4 per cent. per annum. If payment be made in inscribed stock, such stock or any portion of it shall be redeemable at par on the fi.t'st day of January, 1952, subject to a right of redemption by the Government on the fir8t day of January, 1932, at par, upon the Government giving six month>!' prior notice of its intention to redeem at the earlier da,te.. 13. Upon the completion of the s'lid period of fifteen years the Etheridge Railway shall forthwith become the exclusive property of the Government of Queensland, to whom peaceful possession shall be given. 14. During' the currency of this Agreemf'nt the Commission('r shall maintain the Etheridge Railway in good and efl'iciellt repair, reasonable wear and tear being allowed for, and the Commissioner shall not, without the written consent of the Company, part with the management or control of the Railway, and the Company shall not, without the written consent of the- CommiSsioner. execute any document or instrument in connection with the Railway calculated 'to impede peaceful and full :w; 9171

9178 RAILWAYS. Etheridge Railway Act. 6 Enw. VII. No. 2, 1906. possession by the Government upon the expiration of the said. period of fifteen· years. 15. If there be any difference betw{'en the amount of the price of the Etheridge Railway, to be ascertained ail herein provided, and the certified cost of its constrnction, the amount of Imch difference shall be divided equally between the Government and the Company. If such price is less than such cost, one-half of the deficiency shall be added to and be payable with the amount of the price. If, on the other hand, such price is greater than such cost, one-half of the excess shall be deducted from such price. 16. During the currency of this A greement, and thereafter during the currency of "The Mareeba to Oldllagoe Railway Act of 1897,"* accounts shall be kept of the earnings of the Cairns-Mareeba Railway and of the Chillagoe Railway and of the Etheridge Railway in respect of traffic carried over more than one of the railways, and each of the railways shall be credited therein with the full amount of the fares, freights, and other earnings gained from the traffic over the respective railways in proportion to the length of haulage over each railway, and the several rates of fares and freights applicable thereto. and the usual adjustment of such accounts shall be made monthly. The manner of keeping of such accounts and of their adjustment shall from time to time be arranged by and between the Commissioner and the Superintendent. 17. The construction of the Etheridge Railway shall be commenced. by the Company within twelve months from the passing of said Act or from the completion of the survey, whichever shall last occur. If the eonstruction be not so commenced the Company shall forfeit and pay to Ris Majesty a penalty of £1,000. 18. The Government shall, as and when requested by the Company and at the Company's expense, import into Queensland any rails, fasten- ings, or other materials which may be required for the construction of the Etheridge Railway. 19. In case of difference between the Parties as to the amount to be paid by the Government to the Company for the purchase of the Etheridge Railway, or for bonus, or claim, or demand by the Company against the Government or the Commissioner, or subsidy, or for profits. or for any other matter, or as to any claim or demand by the Government or the Commissioner against the Company under this Agreement, or any dispute, shall arise touching this Agreement, or any matter or thing arising thereunder, the matter in difference or dispute shall be settled by arbitration. Each party shall appoint one arbitrator; and in the event of such arbitrators failing to agree upon any question submitted to them, such question shall be determined by a Judge of the Supreme Court of Queensland acting as umpire in. the matter, whose decision shall be final. Such submission to arbitration shall be subject to the provisions of the "Interdict Act of 1867."t Provided that the arbitration proceedings shall be conducted in Queensland. Witness: D. DENHAM. G. J. F. THALLON• .The LCiommitmedo, n wSaesal hoefret.thoe. . Cahff. ii.xlle. adgoebyRaailuwthaoyriatny.d oMf intehse, Directors and in the presence of- ' . L.S. C. L. HEWITT, Secretary. iJ J. S. REID, 1 DirectOl'S. HARVEY PATTERSON, • 61 Vie. No: 19, supra, page 6468. t 81 Vie. No. 11, supra, page 994.