Grafton-Kyogle to South Brisbane Railway Agreement Ratification Act 1924 (NSW)
GRAFTOn-KYOGLE TO SOUTH
BRISBANE RAILWAY
AGREEMENT RATIFICATION
ACT.
Act No. 20, 1924.
An Act to ratify and provide for ca r ry ing in to effect,
so far as t h e S t a t e of N e w S o u t h W a l e s
is concerned , an a g r e e m e n t be tween t h e Commonwea l th of Austra l ia , t h e S t a t e of N e w Sou th Wales , and t h e S t a t e of Queens land ,
r e spec t ing t h e cons t ruc t ion of a ce r ta in l ine of rai lway of s t a n d a r d gauge from Kyogle in N e w South Wales to S o u t h Br isbane in Queens land , and t h e r e g r a d i n g and re lay ing
of t h e ex i s t ing ra i lway be tween Grafton a n d
Kyogle ; to a m e n d t h e Pub l i c W o r k s Act , 1912, t h e G o v e r n m e n t Rai lways Ac t , 1912,
and cer ta in o tbe r A c t s ; and for purposes
connec ted t h e r e w i t h . [Assented to , 28 th
K i n g ' s
October , 1924.]
WH E R E A S weal th and the P remie r s of t h e Sta tes of N e w
the P r i m e Minis te r of t h e Common
South W a l e s and Queens land have en te red in to a n ag reemen t , a copy of which is set out in t he Schedule to th i s Act , subject to t h e same being ratified by the P a r l i a m e n t of t h e Commonwea l th and by t h e Pa r l i amen t s of t h e said States : A n d whereas it is desirable to ratify and to provide for ca r ry ing into effect t he said a g r e e m e n t so far as the State of N e w South
Wales is concerned : Be it therefore enacted by t h e
K i n g ' s Mos t E x c e l l e n t Majes ty , by and wi th t he advice and consent of t he Legis la t ive Counci l a n d Legis la t ive Assembly of N e w South W a l e s in Par l ia- raent assembled, and by the au tho r i t y of the same, as follows :—
| 1 . | ( 1 ) This Act m a y be cited as t he " | G r a f t o n - K y o g l e |
| to | Sou th | Br isbane | Railway | A g r e e m e n t | Rat i f ica t ion | Act , |
1 9 2 4 . "
(2) This Act shall b ind the Crown.
| 2 . | I n | th is | Act , | unless | t he | con tex t | o therwise |
r equ i res ,—
" L a n d " includes Crown lands and bui ld ings ,
messuages , t enements , and he red i t amen t s of
any t enure , and a n y easement , r igh t , or pr ivi lege in, over, or affecting a n y land.
" T h e a g r e e m e n t " means t h e ag reemen t a copy of which is set ou t in the Schedule to th is Ac t .
3 . (1) The agreement , a copy of which is set ou t in
| t he Schedule to th i s Act , is he reby approved and | m a y |
| be carried | into effect | no twi th s t and ing t h e | provisions |
of any o ther Ac t .
(2) Al l ma t t e r s and th ings by the a g r e e m e n t
agreed to be done by or on behalf of the Gove rnmen t of N e w South W a l e s a re he reby sanctioned and author ised.
4 . (1) The Governor may resume, appropr ia te , or acqui re , under t he provisions of t he Pub l i c W o r k s Ac t , 1912, any land in New South Wales required for or in connect ion wi th any of the works con templa ted by the ag reement .
| (2) A n y works to be carried out by the Minis ter for Pub l i c W o r k s or by the Ra i lway Commissioners | for |
New South W a l e s under the au tho r i t y of t he council cons t i tu ted by the ag reemen t shal l be deemed to be au thor i sed works wi th in t h e m e a n i n g of the Pub l i c
| W o r k s | Act , | 1912. |
(3) T h e said Min is te r or the said Commissioners as the case may be shall , on publ icat ion in the Gazet te of a notification in t h a t behalf, be deemed to be t he Cons t ruc t ing Au tho r i t y u n d e r t he said Ac t in respect of t he works specified in t he notification.
T H E S C H E D U L E .
T H E S C H E D U L E .
A G R E E M E N T made the s ix teenth day of September, One thousand n ine
hundred and twenty-four, be tween the Commonweal th of Aus t ra l i a
(hereinafter called the " C o m m o n w e a l t h " ) of the first p a r t t he
S t a t e of New South Wales (hereinafter called " N e w Smith
W a l e s " ) of t he second part and the Sta te of Queensland (herein- after called " Queensland '') of the th i rd part :
Whereas there are differences between the gauges of the railway lines on t he mainland of Aus t ra l i a :
A n d whereas in order to facil i tate in te r s ta te t r ade and commerce and to assist in the defence and the development of Aus t ra l ia it is desirable to secure a uniform gauge of railway line throughout
Aus t r a l i a : A n d whereas a t a Conference of Ministers of the Crown which was
held in Melbourne in J u l y , 1920, and a t which the Commonweal th andthe Sta tes of New South Wales, Victoria , Queensland, South Aus t ra l i a ,
and Wes t e rn Aus t ra l i a (hereinafter collectively called " t h e five S t a t e s " ) were represented, it was resolved as fol lows:—
" T h a t this Conference is of opinion tha t two expends from outside this count ry should be appointed, along with one Aus t ra l ian outside the rai lway services of the Commonwealth and the States , to consider and report upon the unification of the gauges, the question as to what gauge it is desirable to adopt , and the question of the cost of conversion.
" The Commonweal th and the Premiers of the Sta tes agree to appoint a Rai lway Commission and affirm t h a t the Minis ters for Ra i lways of New South Wales, Victoria, and the Commonweal th shall select the two members of the Commission who are to be appointed from outside.
" The Commonweal th and the Sta tes agree to abide by t h e decision of this t r ibuna l . " The Commonweal th to bear one-fifth of the total cost, and
four-fifths to be borne by the five S ta tes concerned on a per capita
basis."
A n d whereas His Excellency the Governor-General in Council by Le t t e r s P a t e n t da ted 8 th February , 1921, appointed Commissioners to inquire into and report upon ma t t e r s apper ta in ing to the unification of the gauges of the rai lway systems of Aus t ra l i a notice of which appo in tment appears in the Commonweal th of Aus t ra l i a Gaze t t e No . 14 dated 11th Februa ry , 1921.
A n d whereas the said Commissioners inquired into the subject and presented a report da ted 22nd September , 1921 (pr inted in Common weal th Pa r l i amen ta ry Pape r No. 141 of 1921), in which they ( in ter al ia) made recommendations to the following effect:—
(a) That action be taken to secure a gauge of 4 ft. 8i in. (herein
after called the " s t a n d a r d gauge" ) on a rai lway line from Brisbane to F reman t l e ; and
(b)
(b)
That all railway lines of 5-ft. 3-in. gauge now owned by the said five Sta tes be converted to the s t andard gauge ;
the cost of carrying the said recommendat ions into effect being
est imated by the said Commissioners a t £21 ,600 ,000 .
| A n d whereas t he said Commissioners fur ther es t imated t h a t i t | would | |||
| cost | £57 ,200 ,000— | |||
|
providing a bet ter main line between Brisbane and Fremant l e .
A n d whereas an agreement has not yet been arrived a t be tween the Commonweal th and the said five Sta tes for the car ry ing out of t he recommendations of the said Commissioners:
And whereas pending such agreement being arrived a t and with a view to giving par t ia l effect to the recommendations of the said Com missioners, the Commonweal th and New South Wales and Queensland have agreed to en ter into this Agreement :
Now i t is hereby agreed as follows :—
I . APPROVAL AND ENFORCEMENT.
1. None of the works contemplated by this Agreement shall be commenced unti l this Agreement has been approved by the Pa r l i amen t s of the Commonweal th and of New South Wales and Queensland bu t action in prepara t ion for such works may be commenced upon the
| execut ion of th i s | Agreement . |
2. Each par ty hereto agrees to take every practicable step t o have this Agreement approved (without any restr ict ions or amendments ) by i ts Pa r l i ament as soon as possible.
3. Each pa r ty hereto, so far as its jur isdict ion ex tends and so far as may be necessary, agrees to provide for or secure the execution and enforcement of t he provisions of this Agreement and of any legislation by which it is approved.
II . THE RAILWAY COUNCIL.
4. (1) There shall be a Railway Council (hereinafter called ' ' t h e Council ") for the purposes of this Agreement .
(2) The Council shall consist of three members , namely, the Commonweal th Rai lways Commissioner, the Chief Ra i lway Commis sioner for New South Wales , and the Commissioner for Rai lways, Queensland.
(3) The Council shall elect a Chai rman from amongst its
members .
(1) A member of the- Council may a t any time appoint in wri t ing a Deputy to act in bis absence.
(5) Upon the appointment of a Deputy being filed with the Council, the Deputy may in the absence of the member by whom he is appointed exercise all the powers of t ha t member.
( 6 )
(C) Each meeting of the Council shall be convened by the Chairman and be held at a time and place fixed by the Chairman.
(7) No matter shall be decided by the Council unless each member
of the Council is present (either personally or by his duly appointed
Deputy) at a duly convened meeting, and on any matter the decision
of the majority present at the meeting shall prevail.
(8) The Council shall keep proper minutes or records of the proceedings of each of its meetings.
(9) The Council .shall furnish to each party hereto—
(a)
quarterly reports giving in reasonable detail the progress made with the works contemplated by this Agreement :
(b) annual reports giving in reasonable detail particulars of—
(i) the progress made with the works contemplated by this Agreement ;
(ii) the expenditure actually incurred ; and
(iii) tiie works proposed to be carried out during the next ensuing year :
(c)
such other reports as may from time to time be required by any party hereto.
(10) The Council shall —
(a) have the entire control of—
(i) all the works contemplated by this Agreement: and
(ii) the expenditure thereon ;
(b) determine the order in which and the terms and conditions under which the works shall be carried out and the times at which each portion of the works shall be commenced and
completed ;(c) determine the portion of the works to be carried out by any party hereto : (d) authorise in manner prescribed by it any parly hereto to can -}' out any portion o f the works ;
(e) where works for the purposes of this Agreement are carried
amounts to be regarded a< expenditure t o r the purposes of out concurrently with other works, determine t h e amount or
this Agreement ;
( f )
take all practicable steps t o secure standardised methods and types of construction, and in particular t o prescribe —
(i) standards of permanent way, bridges, and other structures, standard structure gauge, grades, and curvature of lines and axle l o a d s ;
(ii) standards and tvpes of rolling-stock for use on lines of the standard gauge : and
(iii) any other standards which in the opinion of the
Council should be prescribed ;
(g) have power to employ the stall' and labour necessary for the completion of the works contemplated liv this Agreement
and tlx the terms and conditions of their employment :
(h )
(h)
have power, to the extent to which it may deem necessary for the purpose of this Agreement , to supervise and direct the operat ions on the rai lways in New South Wales and Queensland in process of construct ion, relaying and re- grading under this Agreement ;
(i) determine what amounts (if any) shall be allowed to any
pa r ty hereto for rai lway lines, equ ipment , plant , and mater ia l rendered idle or useless or depreciated because of works under this Agreement ;
(j) have power, for the purposes of this Agreement, to buy, sell, or hire such mater ia l , plant , and equipment , as it t h inks fit ; (k) keep accurate and complete accounts of all money provided by the Commonweal th and all money expended for the purpose of car ry ing out the works contemplated by this Agreement under such headings as it may de te rmine .
5. All accounts of the Council shall be subject to aud i t by the. Audi tor-General of the Commonweal th and (if any o ther pa r ty here to shall so desire) also by the Audi tor-General of t h a t pa r ty .
(i. An officer in the service of a pa r ty here to who becomes a member of the staff of the Council—
(a)
shall retain all his existing and accruing rights as such officer;
(b)
shall not be required to resign from the service of the party, bu t shall be gran ted leave of absence from such service for the period of his employment as a member of such staff', and the period of leave so granted shall for all purposes be included as p a r t of the officer's period of service with the par ty .
I I I . PARTICULARS AND COST OF W O R K .
7. (1) The works contemplated by this Agreement are the following works :—
(a) the construction of a railway of standard gauge between Kyogle in New South Wales and South Brisbane in Queens land along the route delineated on the plan annexed hereto so as to connect Sydney in New South W a l e s and South Brisbane in Queensland by means of a railway of s t andard gauge ; and (b) the regrading and relaying of the existing railway between Grafton and Kyogle in New South Wales so as to br ing t h a t railway up to a s tandard approved by the Council.
8. W h e n this Agreement is approved as provided in clause 1 hereof the said works shall be proceeded with and completed.
9. (1) The cost of the said works shall in the first instance be from t ime to t ime provided by the Commonweal th out of moneys legally available for tha t purpose.
(2)
(2) Of the money provided by the Commonweal th as aforesaid—-
(a) four-fifths (hereinafter called the quota of the States) shall be deemed to be provided on behalf of the said five Sta tes collectively : and (b) one-fifth shall be deemed to be provided on behalf of the Commonwealth.
(3) New South Wales and Queensland shall in amounts and at t imes and in manner hereinafter set forth reimburse to the Common wealth the amounts respectively a t t r ibu tab le to them of the said quota of the Sta tes .
(4) Fo r the purpose of de te rmining each amoun t payable to the Commonweal th by New South Wales or by Queensland by way of re imbursement or as interest or as s inking fund, the amount a t t r i butable to New South Wales or Queensland of the said quota of t h e Sta tes shall be a proport ionate amoun t of the said quota of the S ta tes equal to the proport ion which the populat ion of New South Wales or of Queensland (as de termined by the Commonweal th Stat is t ic ian) a t t he end of the calendar year next preceding the da te upon which the payment is due bears to the total populat ion (as determined by the
Commonweal th Sta t is t ic ian) of the said five Sta tes .
10. (1) New South Wales and Queensland shall on or before a da te
or dates in each year fixed for t h a t purpose by the Treasurer of the Commonweal th pay to the Commonweal th in teres t on the amounts respectively a t t r ibu tab le to them of the said quota of the Sta tes .
(2) The ra te of interest payable to the Commonweal th on any money provided by the Commonweal th under th is Agreement otherwise t h a n from a loan shall be the nominal rate of in teres t payable by the Commonweal th in respect of the then last preceding loan raised by the Commonweal th .
(3) The ra te of interest payable to the Commonweal th on any money provided by the Commonweal th unde r this Agreemen t from a loan shall be the ra te of interest payable by the Commonweal th in respect of such loan and the da te from which in teres t shall be payable under this Agreemen t on such money shall be the da te from which
in teres t is payable by the Commonweal th in respect of such loan. (4) A certificate by the Secretary to the Commonweal th Treasury s ta t ing the ra te of in teres t payable by the Commonweal th and the da te from which interest is payable by the Commonweal th in respect of a loan and the place where the loan was raised shall be conclusive
as to t he m a t t e r s ta ted. 11 . W h e r e any money is provided by the Commonweal th under th i s Agreement from a loan all amounts payable by New South Wales and Queensland to the Commonweal th in respect of such money by way of re imbursement or as in teres t shall be paid as follows :—
(a)
if the loan was raised in London -payment to the Common wealth shall be made in London ; and
(b) if the loan was raised in A u s t r a l i a — p a y m e n t to the Com
monweal th shall be made in Aust ra l ia .
12. (1) Each amount payable by New South Wales or Queensland
by way of re imbursement of money provided by the Commonweal th
under this Agreement shall be paid to t he Commonweal th as follows :—
(a) if the money is provided otherwise than from a loan—on the da te fixed by the Treasurers of the Commonweal th and the Sta tes of New South Wales and Queensland ; or (b) if the money is provided from a loan not repayable by the Commonweal th within ten years after the da te upon which the money is provided — a t the opening hour of business on the da te on which t h a t loan is repayable by the Common wealth ; or (c) if the money is provided from a loan repayable by the Commonweal th wi th in ten years after the da te upon which the money is provided—at t he opening hour of business on t he da te on which the new loan is repayable by the Commonweal th .
(2) I n this clause the expression " n e w loan" means a loan raised by the Commonweal th to convert or renew the loan from which money is provided, or if no such conversion or renewal loan is raised, then the public loan raised by the Commonweal th nex t after the da te upon which the loan from which the money is provided is repayable.
(3) I n each case in which money is provided from a loan repay able wi th in ten years af ter the da te upon which the money is provided the ra te of in teres t payable by New South Wales and Queensland to the Commonweal th on the money so provided sha l l—
(a)
until the date from which interest is payable by the Common wealth in respect of the new loan be the ra te of interest determined under clause 10 hereof; and
(b)
as from the date from which interest is payable by the Com monweal th in respect of the new loan be t he average annual effective rate of in teres t payable by the Commonweal th in respect of the new loan after mak ing allowance for all costs and charges ( including exchange) incurred by the Common weal th in raising the new loan and all discounts on the
flotation of the new loan.
(4) A certificate by the Secretary of the Treasury s ta t ing t he average annual effective ra te of in teres t payable by the Commonweal th in respect of a new loan and the da te from which such in teres t is payable and the place where the new loan was raised, shall be con
| clusive as to the ma t t e r | s ta ted. |
(5) A m o u n t s payable to the Commonwwealth by New South Wales and Queensland by way of re imbursement or as in teres t in respect of moneys provided as mentioned in subclause (3) of this clause shall be paid as follows :—
(a)
until the date from which interest is payable by the Com monweal th in respect of t he new loan, payments of interest to the Commonwealth shall be made in London or in Aus t ra l i a (as the case may be) where the loan from which the money is provided was raised ; and
(b)
(b)
as from the date from which interest is payable by the Commonweal th in respect of the new loan, payments to the Commonweal th by way of re imbursement or as interest shall be made in London or in Aust ra l ia (as the case may be) where the new loan was raised.
(6) In addi t ion t o the interest payable under this Agreement New South Wales and Queensland shall in each year dur ing which interest is payable, and on the same dates upon which interest is payable , pay to the Commonweal th in Aus t ra l ia a s inking fund at the ra te of Ten shillings per annum for each One H u n d r e d Pounds or port ion of One H u n d r e d Pounds of the amounts respectively a t t r ibu t able to them of the aforesaid quota of the States of the money provided by the Commonweal th until such amounts are reimbursed to the Commonweal th .
(7) Each amount of s inking fund received by the Commonweal th under this clause shall be paid into the Nat ional Debt Sinking Fund established under the Nat ional Debt S ink ing Fund Act, 1 9 2 3 , or any amendment thereof, or to any sinking fund established by the Common wealth in lieu thereof, and will be deemed t o accumulate each year a t the average effective rate of interest earned dur ing tha t year by s inking fund moneys.
(8) A certificate by the body or person for the t ime being control l ing the said s inking fund moneys, s t a t ing the average
effective
ra te of in te res t ea rned du r ing any year by s inking fund moneys shall be conclusive as to the ma t t e r s ta ted. (9) Upon the da te upon which any amount is payable by New South Wales or (Queensland to the Commonweal th by way of reimburse ment of money provided by the Commonwealth under this Agreement the amounts respectively paid to the Commonweal th as s inking fund by New South W a l e s a n d Queensland, and all accumulat ions thereof in respect of the money so provided, shall be applied by the Common wealth in par t payment by way of re imbursement of the amoun t a t t r i bu t ab l e to New South Wales and Queensland respectively of the aforesaid quota of the Sta tes of the money so provided.
13. (1) For t h e purposes of this clause t h e revenue from and the
working expenses of the whole o r any portion of the said railway
between Grafton and South Brisbane which is opened for traffic shall
be calculated on t h e basis and in the manner de termined by the Rai lwayCommissioners of Aus t r a l i a for calculating the revenue and working expenses of separate sections of t h e railways of the said Commissioners, and in force for the t ime being. If at any t ime no such de te rmina t ion is in force t h e basis on and manner in which t h e revenue and working expenses of the said rai lway or portion thereof shall be calculated shall be de termined by the Commonweal th Rai lways Commissioner, the Chief Ra i lway Commissioner of New South Wales, and t h e Commissioner for Rai lways , Queensland, or a major i ty thereof.
(2) If in any financial year the revenue from the said rai lway between Grafton and South Br isbane or from any portion thereof which is opened for traffic exceeds the working expenses of such railway or portion, the excess shall be applied (so far as the same will in each par t icu lar ins tance suffice) in paying to the Commonweal th t he
interest
in te res t falling due a t or nex t after the end of t h a t financial year on the money provided by the Commonweal th under this Agreement in manner following—
(a) In paying to the Commonwealth interest at the rates provided for in th is Agreement on the amount of the said quota of the Sta tes after deduct ing therefrom the amounts a t t r i bu t ab l e to New South Wales and Queensland of the said quota of the Sta tes as determined in the manner specified in clause 9 (4)
of this A g r e e m e n t ; (b) If any portion of such excess remains after payment of the in teres t mentioned in paragraph (a) of this subclause in paying to the Commonwealth the in teres t payable by New South Wales and Queensland under this Agreement (c) If any portion of such excess remains after payment of the in teres t mentioned in paragraphs (a) and (b) of this subclause in paying to the Commonweal th interest on the balance of the money provided by the Commonweal th under this Agreement ; (d) In paying to New South Wales and Queensland in proportions mutual ly determined by them the balance if any then remaining of such excess.
(3) If the amoun t remaining of any such excess in any financial year is not sufficient (after payment of the in teres t ment ioned in paragraph (a) of subclause (2) of this clause) to pay the whole of the in teres t ment ioned in paragraph (b) of the said subclause such amount remaining shall bo applied in pa r t payment of the interest mentioned in the said paragraph (b) pro rata, to the amounts of in teres t payable by New South Wales and Queensland respectively and the balance of in te res t not so paid shall be paid by New South Wales and Queensland in manner provided by clause 10 of this Agreement .
(4) For the purposes of this clause New South Wales and Queensland shall as early as practicable after the end of each financial year furnish to the Treasurer of the Commonweal th a s ta tement certified by the Auditor-General of each par ty hereto showing in detai l the revenue and working expenses of such railway or of any port ion
| thereof which is opened for traffic as the case may be. |
(5) New South Wales and Queensland shall each afford to the Audi tor-General of the Commonweal th every facility for examin ing and checking the accounts kept in relation to the said rai lway or of any port ion thereof which is opened for traffic as t he case may be.
14. If any amount payable by New South Wales or Queensland to the Commonwealth (whether by way of reimbursement or as interest) is not paid to the Commonweal th on or before the da te fixed for paymen t—
(a)
the Commonwealth may deduct that amount or any part thereof from any moneys due by the Commonweal th to the par ty which has failed to make payment or may recover the same or any part thereof by action in any Cour t of competent jurisdiction ; and
(b)
(b)
the party which has failed to make payment shall, until that amount is paid, deducted, or recovered as aforesaid, pay to the Commonweal th in teres t on t he sum unpaid a t the same ra te as tha t payable on the money in respect of which the amoun t is payable.
15. The total cost of the works contemplated by this A g r e e m e n t — (a) shall include all expenses of the Council ;
(b) shall include all amounts paid as compensation or damages or costs to any person or corporation in respect of or in connexion wi th t he car ry ing out of such works ; (c) shall include expenditure incurred by any party hereto in keeping any accounts necessary for the purposes of this Agreement ; (d) shall include all costs and charges (including exchange) incurred by the Commonweal th in borrowing and providing moneys and all discounts o n flotation of loans, but shall not include interest thereon.
16. (1) The Council shall on or before the thirty-first day of December in each financial year give to the Treasure r of the Common weal th notice of the es t imated total amount of money required for the works proposed to be carried out dur ing the nex t financial year, and also t he approximate amount of such money which will be required dur ing each quar t e r of the said next financial year, and the Treasurer of the Commonweal th shall not later t h a n three months before the commencement of the said next financial year advise the Council as to the money t h a t will be made available du r ing the said next financial year .
(2) F o r t h w i t h after t he said advice has been given by the Treasurer of the Commonweal th the Council shall inform the said Treasurer in wr i t ing of the approximate amoun t required dur ing each q u a r t e r of the said next financial year of t he money tha t will be made available as aforesaid.
(3) A t the end of each qua r t e r of t he said nex t financial year
the Council shall inform the said Treasurer in wr i t ing of the es t imatedamoun t required dur ing each remaining month of the said nex t
financial year of the money t h a t will be made available as aforesaid. (1) The Council shall not, wi thou t the consent in wri t ing of t he Treasurer of t he Commonweal th , en ter into any cont rac t or incur a n y obligation whereby i t or the par t ies here to are commit ted to t h e paymen t of moneys greater than the amoun t which the Treasurer of the Commonweal th has notified to the Council as being legally avai lable for the purposes of the Agreement in pursuance of subclause (1) of this clause.
I V . GENERAL.
17. Each pa r ty here to agrees t h a t it and each au tho r i t y under i t
which cons t ruc ts or adminis ters rai lways or in which ra i lways a r e
vested shal l—
(a)
act as agent of the Council for the purposes of this Agreement ;
(b)
(b) carry out the works contemplated by this Agreement, in the
order and under the terms and condit ions and a t or du r ing t h e t imes specified by the Council ;
(c)
accept the decision of the Council in all matters committed to it under this Agreement ;
(d)
give all necessary consents and do all things within its powers to enable the works contemplated by this Agreemen t to be carried out expedit iously and satisfactorily ;
(e)
permit and facilitate whenever necessary for the purposes of this Agreement en t ry upon lands within its possession or control ;
(f)
acquire any lands or the right to occupy temporarily or per manen t ly any lands in the opinion of the Council necessary for t he purposes of th is Agreemen t ;
(g)
keep the Council at all times fully informed of all works proposed by it in connexion with the construction or a l te ra t ion or main tenance or repair of railways which works are no t rendered necessary by bu t could be carried out concurrent ly
with the works contemplated by th is A g r e e m e n t ; (h)
indemnify the Council in respect of all acts done, or losses, costs, or damages incurred by i t in t he bona fide execution of the powers vested in it by or under this Agreement .
| 18. None of the works contemplated by this Agreemen t shall be commenced by any pa r ty here to unless and | u n t i l — |
(a) the estimated cost thereof has been furnished to or obtained by the Council ; and
(b) the Council has author ised t h a t pa r ty to car ry out the work. 19. A s and when the rai lway between Grafton and South Brisbane ei ther as a whole or in separate sections is completed and ready to be opened for traffic the Council shall certify tha t fact and hand over the completed rai lway or section to the pa r ty concerned.
| I n witness whereof the P r ime Minis te r of the Commonweal th of Queensland have hereun to set the i r hands the day and year first above | Aus t ra l ia and the Premiers of t he Sta tes of New South Wales and |
| mentioned. |
Signed by the P r i m e Minis ter
of t he Commonweal th of S. M. B R U C E .
Aus t r a l i a in the presence of— EDWD. SIMMS.
Signed by the Premier of the
S ta te of New South Wales G E O R G E W . F U L L E R . in t he presence of—
R . T . B A L L .
Signed by the Premier of the
S ta te of Queensland in the E D W A R D 0 . T H E O D O R E . presence of—
J . LARCOMBK.
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