Invicta Branch Railway Act of 1910 (1 Geo v No. 27) (Qld)

10200 RAILWAYS. Invida Branclt Railway. 1 GEO. V. No. 27, RAILWAYS. 1NGoe.o2. 7V. . An Act to Authorise George Alfred Buss and Charles THE INVIOTA BIIANVH Horace Buss, both of Bundaberg, carrying on RAIOLFW 1 A 9 Y 10 A . CT Business as Sugar Manufacturers and Sugar- cane Growers under the Registered Firm Name of "Buss Brothers," to Construct, Maintain, and Work a Line of Railway from a 'point near Avondale Railway Station, on the North Coa,st Railway Line, to Invicta Sugar Factory, and to Enter into an Agreement with The Commissioner for Railways for the Working of the said Line, and for other purposes subsidiary thereto. [ASSENTED TO 7TH .JANUARY, 1911.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Short title. 1. 'rhis Act may be cited as "The InviGtct Bl'ctnch Railway Act u{1910." Jnt.erprcta- tion. 2. In this Act, unless the context otherwise indicates, the following terms have the meanings respectively assigned to them, that is to say,- "Branch Line"-The Bralwb Line of Railway authorised by this Act to be constructed, and all lands, buildings, and works authorised by this Act to be constructed, acquired, and used for the purposes of the l~ranch Line; "Commissioner"- The Commissioner for Hailways appointed under the Railway Acts, or other officer or officers charged with his powers or duties; " Proprietor"-George Alfred Buss and Charles Horace Buss, carrying on business in partner- ship under the registered firm name of" Buss Brothers," and their lawful assigns and successors in interest;

1910. RAILWAYS. I nvicta Branch Rat!way. 10201 "Railway Acts "-" The Railways Acts, 1863 to 1906 ,,* ; " Road "-Any street, road, or highway dedicated to the public, including a bridge or culvert upon a street, road, or highway. 3. (1.) Subject to this Act, the proprietor may and Power to shall, within twelve months after the passing of this Act, ~ r: ~ ~ ~ ctne. construct and thereafter maintain and work a Branch Line Schedule. of Railway commencing at or near Avondale Station, on the North Coast Railway, and proceeding to Invicta Sugar Factory, situated on portion seventeen, parish of Yandaran, in length eight miles fifty-six chains or thereabouts, by a route delineated in the Schedule to this Act, and in accord- ance with plans, sections, and a book of reference to be deposited in the office of the Commissioner at Brisbane, and approved by him in writing under his hand: Provided that , the Commissioner may from time to time authorise the proprietor in constructing the Branch Line to make such deviation from the route delineated in such Schedule not exceeding ten chains on either side of such route as appears to him desirable. . (2.) The Branch Line shall be constructed of sound material and upon the gauge upon which the Government Railways are at present constructed, and shall in regard to strength and durability be equal to such railways. 4. The proprietor shall be entitled to acquire, at a Pow~ r to prI . Ce to b e :fi xe d ' b y the Comml. SS.lOner, an easemen t upon a e c a q se u m u' e e ut 1 al ..I . l ne C . rown lands required for the purposes of the Branch luapnodns.Crown 5. Basements upon all lands other than Crown lands As to other which are required for the purposes of the Branch Line lands. shall and may be acquired from the owners of such lands by the Commissioner for and on behalf of the proprietor, reserving nevertheless to the owners such rights to the minerals in or under the said lands as the owners possess or are entitled to at the time of acquiring such easements, with power to work, mine, and take away minerals, subject, however, to this Act, and so as not to damage the Branch Line or interfere with the stability thereof. '" 27 Vie. No, H, .,up,·a, page 2065'; 28 Vie. No. 24, .,.,.tpra, page 2096; 52 Vie. No. 8, .,upra, page 25~6; 60 Vie. No. llO, sup,a, pa~ e 60G7; 2 Edw. VII. ~ o. H, supra, page H559; and. ti Ed w. VII. No. 15, supra, page ~ 506. .

10202 RAILWAY8. Invicta Branch Railway. 1 G.IW. V. No. 27, The Commissioner shall and may, for the purposes of acquiring such easements, exercise all the powers and privileges conferred on him by the Railway Acts; and all proceedings shall and may be taken for the purposes of acquiring such easements and of assessing the compensation to be paid for the same in the same manner and to the same extent as if the Branch Line were a public line of railway duly approved by Parliament: . Provided that all the compensation payable in respect of such easements, together with all expenses incurred in connection with acquiring the same, shall be provided and paid by the proprietor, and upon such payment the case- ments acquired shall be conveyed to and vested in the. proprietor: Provided further that if at any time the proprietor, after being requested by the Commissioner so to do, fails to provide and pay any such compensation or expenses as aforesaid, the proprietor shall, by way of penalty, forfeit to the Commissioner the sum of two hundred pounds, to be recovered by complaint before any police magistrate. Provisions as 6. (1.) Subject to this Act, the proprietor may troeserorvaedss. and construct the Branch Line across the roads and reserves Schedule. indicated in the Schedule to this Act in accordance with the plans and sections to be deposited and approved as aforesaid, and may thereafter kepp, maintain, work, and use .the .Branch Line, and in so doing shall not be liable in any action or other proceeding for or in respect of any alleged obstruction of or trespass upon any such road or reserve. (2.) The proprietor shall, if required by the Local Authority having jurisdiction over such roads, provide and maintain suitable and convenient level-crossings over the Branch Line on the said roads for the convenience of the travelling public. Exercise of 7. Subject to the Hailway Acts, the proprietor shall RpoawilwerasyuAndcetsr. I • n respect of· the Branc1 1 L· me h ave and may exerCI.se the same powers and privileges as are under the Railway Acts exercised by the Commissioner in regard to any of the undermentioned matters ar;d things, that is to say,- (i.) The preparation of plans, sections, and books of reference; (ii.) rrhe carrying out of works required for the use and benefit of owners and occupiers of land~ adjoining the Branch Line;

HAlLWAYS. 10203 1910. Invicta Branch Railwa.y. (iii.) The preseribing of Regulations governing the use of the Branch Line and the mode of conducting the traffic thereon; (iv.) The making and publishing of By-laws for enforcing the observance of such Regulations; (v.) The enforcement of the penalties prescribed by the B.ailway Acts or Regulations in force for the time being: Provided that no Reg'ulations or Hy-laws made by the proprietor shall have any force or effect until approved by the Governor in Council and published in the Gazette. 8. The Branch Line shall at all times, when not in Public traffic. actual use by the proprietor, be open to the Commissioner and to the public for the passage of locomotives and rolling-stock, upon payment of such tolls and dues as the Commissioner may from time to time prescribe: Provided that, if the Branch Line is damaged by the negligence of the Commissioner or any person using the .same, the proprietor shall be entitled to compensation for such damage, to be recovered in any court of competent jurisdiction: Provided also that nothing in this Act shall prevent the proprietor from agreeing with the Commissioner to work the Branch Line in connection with the North Coast Railway, and to use thereon such locomotives and rolling- stock, the property of the Government, as may be necessary. 9. The proprietor and the Commissioner, and every Motive power, person for the time being authorised to use the Branch &c. Line, may use and employ thereon locomotive engines propelled by steam or other motive power, and rolling- stock to be drawn and propelled thereby. 10. The proprietor shall, if required, at the expense Connections. .of any persOn requiring to use the Branch Line, make openings in the rails, and such additional lines of rail as may be necessary for effectuating connection with the Branch Line in places where such connection can be made without injury to the Branch Line, and without incon- venience to the traffic thereon : Provided that any difference which arises between the prop,.ietor and such person as to the place where or the manner in which the connection is to be made shall be referred to and determined by the Commissioner, whose decision shall be final and binding upon both parties. f (

10204 RAILWAYS. Illvicta Branch Raj/lOa,lf' 1 GEO. V. No. 27, Mines under 11. (1.) If the owner of any mine or minerals lying railway. under the Hranch Line 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 Rhall commence to work any such mine or minerals until he has proved to the reasonahle satisfaction of the Commissioner that the wurking of such mine or minerals in the manner proposed hy him is not likely to damage the Branch Line 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 Branch Line 01' interfere with the stability thereof, the Commissioner may, after giving twenty-four hours' notice, in writing, to such owner by his officers or agents, enter upon any lands through or near which the Branch Line passes wherein any such mine is being worked or is supposed so to be, and enter into and return from any such mine or the works connected therewith, and for that purpose may make use of any apparatus or machinery belonging to such owner, and use all necessary means for discovering the facts of the case. (3.) If any such owner refuses to allow any person appointed by the Commissioner for that purpose to enter into and inspect anv such mine or works in manner afore- said, he shail for ~ verv such refusal forfeit to the Com- missioner a sum of t~ enty pounds, to be recovered by complaint before any police magistrate. (4.) If it appears that any such mine has been worked or is bein~ worked so as to damage the Branch Line or interfere with the stability thereof, the Com- missioner may, if he thinks fit, give notice to the owner of the mine to construct such works and to adopt such means as are, in the opinion of the Commissioner, necefl,sary for making safe the Branch Line and preventing inj ury thereto. If after such notice such owner does not forthwith proceed to construct such works or adopt such means for the purposes aforesaid, the CommissioneL' 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.

RAILWAYS. 10205 1910. Invicla Brancl, Railway. (5.) In this section the term" owner" includes he lessee or occupier for the time being of the mine in question. I I 12. (1.) Upon the completion of the Branch Line~ heCertifieate. Oommissioner shall, by a certificate, declare the act al . cost of construction of the same. In certifying to s ch cost the Commissioner shall include therein such paym ts as are properly included by him in ascertaining the actual cost of the construction of a line of railway authorised by Parliament. For the purpose of ascertaining such ost the proprietor shall furnish· to the Commissioner a proper statement of account, accompanied by all vouchers sho ing all payments made by him in respect of the construc ion of the Branch Line. Such account and vouchers shall be deposited in the office of the Commissioner, and be retained by him. (2.) The Secretary for Railways, on behalf of the Government, may at any time after the completion of the BraIich Line, by six months' notice in writing,.requir the proprietor to sell, and thereupon the proprietor shall sell, to the Government the Branch Line and rolling-stoc , if any, upon the terms of payment by the Governme t to the proprietor of the value thereof; such value in cafe of difference to be ascertained by arbitration in accord nce with the "Interdict Ant of1867."* But the value 0 the Branch Line for the purposes of this subsection hall not under any circumstances be taken to be more tlia the actual cost of construction, of which cost the certi cate of the Commissioner, hereinbefore provided for, sha I be conclusive evidence. (3.) When a sale in pursuance of this section is rade to the Government, the Branch Line shall vest i~ the Commissioner as fully and effectually to all intents and purposes as if the same had been transferred and con eyed to him by the proprietor, but nevertheless the C0utmis- . sioner may, if he thinks fit, demand a transfer or co~ vey- ance thereof, and the proprietor shall thereupon ex!.cute the same. . 13. Any person acting under the authority 0 the COl1lmissi. o~ el' Commissioner shall, at all times during the constructi/on of: : ~ r~ t~ ~ t the Branch Line and after its completion, be allowed to in_line is unsafe. spect the Branch Line without let or hindrance, and n his report that the Branch Line or any portion ther of is * 31 Vie. -No. 11, supra, page 994. 2N

l02C6 RAILWAYS.-RELIGION. Wickham Terrace Evangelical LUfhm'an Ohurch. 1 GEO. V., unsafe the Commissioner may by order prohibit the _ continuance of public traffic thereupon until the Commis- sioner is satisfied that the Branch Line is safe and fit for public traffic, and if the proprietor in any way disobeys such order he shall be liable to forfeit to the Commissioner a sum not exceeding one hundred pounds for every day during which such disobedience continues; such sum to be recovered by complaint before any police magistrate. Owner ~ay 14. The Commissioner and the owners may at any ~~ ! ~7;;~ner time mutually agree that the Commissioner shall work the to.work the railway in connection with any Government Rail way or raIlway. Tramway, and use thereon any rolling-stock, the property of the Commissioner; and thereupon, suhject to such agree- ment, the Commissioner shall have the same control over the railway as if it were vested in him. No claim t? 15. Nothing in this Act contained shall be construed cothmpenhsabon to give the proprietor any claim to compensation in the cornosutrguction event 0 f any ' hne of railway b em . g aut h Or ' Ise d b y P ar l l ' a- oraft·lwanayyo. ther ment to be constructed the construction o • f which may be deemed to injuriously affect the Branch Lme. RELIGION. 1 Geo. V. An Act to Enable the Trustees of the Lutheran EVAJa~ ~ WAL LUTHERAN CHl:lRCH, WWKHAM TERRACE, ACT OF 1910. MChourrtgchagaetAWlloitcmkhenatm15T5e, rWracicek, hBarmisbTaenrer, acteo, Brisbane, held upon trust for a Lutheran Church School and Minister's Residence, and to Apply the Moneys so raised towards the Erection of Buildings on the said Land for_ the Purpose of Letting. Preamble. [ASSENTED TO 4'l'H OCTOBER, 1910.] W HEREAS by a deed of grant dated the fifteenth day of August, one thousand eight hundred and sixty: three, and numbered 9221, all that parcel of land in the © State of Queensland containing one acre two roods seven- teen perches, situated in the county of Stanley, parish of North Brisbane, city of Brisbane, beill~ allotment one hundred and fifty-five (hereinafter referred to. as "the said land"), and more particularly described in the said deed of grant, was granted to Charles Frederick Alexander Francis Schirmeister, I van Feodorof De Caesarowiez, L