Leonora Tramway Act 1902 (WA)

r5t te n quaralia.

ANNO SECUNDO

EDWARDI VIT. REGIS.

************************fl*****a********a*************

No. XX-VIIE.

AN ACT to confirm a Provisional Order authorising the construction of a Tramway in the Municipality of Leonora.

[Assented to, 20th December, 1902.11,

DE it enacted by the King's Most Excellent Majesty, by and with

the advice and consent of the Legislative Council and Legis-

lative Assembly of Western Australia, in this present Parliament'

assembled, and by the authority of the same, as follows:-

1. THIS Act may be cited as the Leonora Tramway Act, 1902. Short title.

2. THE Provisional Order made by the Commissioner of R ail- of Pro -

ways on the eighteenth day of November, One thousand nine hundred Confirmation

visional Order.

and two, and set forth in the Schedule to this Act, is hereby con-

firmed.

3.	THE said Schedule shall form part of this Act.	Schedule incorpor- ated.
4.

THE promoters named in the said Provisional Order may, subject to the Tramways Act, 1885, make, form, lay clown, construct,

Power to construct

tramway.

maintain, and work the tramway as set forth in the said Provisional

Order.

20 EDWARDI VII., No. 28.

Leonora Tramway.

itztilways may cross 5. THE Minister for Works and the Commissioner of Railways,

tramway. and all persons acting with their authority, may at all times construct, maintain. and use lines of railway crossing the tramway at any points and whenever . any line of railway is so constructed, the Commissioner of Railways may require the promoters, at their own cost, to erect a suitable bridge over the railway for the trans ay e traffic.

In the name and on behalf of the King I hereby assent

to this Act.

K A. STONE, Administrator.

2° EDWARD' VII., No. 28.

Leonora Tramway.

THE SCHEDULE.

PROVISIONAL ORDER.

WHEREAS the Mayor, Councillors, and Ratepayers of the Leonora Municipality,

a Local Authority as defined by the Tramways Act, 1885, section three, sub- section one, have made application to me for a tramway in the Leonora Munici-

pality, along the route specified in the Schedule hereunder written : AND WHEREAS

the " Promoters " have published notice of their intention to make such application in the form prescribed in the Schedule " B " annexed to the Tramways Act, 1885, by advertisement in the Government Gazette, and in the Leonora Miner newspaper, and have deposited the documents described in Schedule " C " annexed to the said Act at the Department of Public Works, Perth, and with the Town Clerk of Leonora, and whereas I have considered the said application, and it appears to me expedient and proper that the said application should be granted : Now THEREFORE I, the undersigned, Commissioner of Railways for SVestern Australia, do hereby, by virtue of the provisions of the Tramways Act, 1885, make a Provisional Order, and I do order as follows, that is to say :—

The Promoters shall be and are hereby empowered to make, form, lay down, construct, maintain, and work a tramway in, upon, and along such street and road in the Leonora Municipality as are mentioned in the said schedule here-

1.

•

under written.

Provided nevertheless, that notwithstanding anything herein contained, it shall be lawful for the Commissioner of Railways, at any time within six (6) months from the date hereof, by notice, in writing, to the Promoters, delivered at the office of the Leonora Municipal Council. Tower Street, Leonora, to prohibit the construction of any part or parts of the said tramway which, in the opinion of the Commissioner of Railways, may interfere with the railway system.

The Promoters shall, within nine (9) months after the confirmation of this Provisional Order, or within such extended time as the Commissioner of Railways may approve, substantially commence the works in connection with the said tramway, and shall complete the whole of the works within six months of such commencement.

2.

3.    The said tramway shall be, constructed on the 2ft. gauge.

The roadway of the tramline shall be properly gravel ballasted by the

local authority for a width of 3ft. 6in., and shall be kept in thorough repair to the

level of the rails.

4.

5.     The said tramway shall be laid with steel rails.

6.    The said tramway shall be used for the conveyance or carriage of pas-

sengers only.

The Promoters may demand and take, for every passen ger conveyed upon the said tramway, any tolls and charges, not exceeding the sum of sixpencefor any single fare on a single journey from or to either extremity of the said tramway : Provided always that the Promoters shall provide special cars for workmen and school children at such reduced tolls and charges as shall be approved by the Commissioner of Railways.

7.

The restrictions herein contained as to tolls and charges which the Pro- moters may demand and take for the conveyance or carriage of passengers shall

8.

. not extend to any special cars other than workmen's or school children's cars, but shall apply only to workmen's or school children's cars and to the ordinary cars appointed by the Promoters from time to time for the conveyance of passengers.

2" EDWARDI VII., No. 28.

Leonora Tramway.

9. The. tolls and charges authorised to be taken, and which shall be demanded

by the Promoters, shall be paid to such persons and at such places upon or near the tramway, and in such manner and under such regulations, as the Promoters shall appoint by notice, to be exhibited in some conspicuous place on the inside of each of the passenger ears used by the Promoters upon the said tramway.

10.    Every passenger travelling upon the said tramway may take with him

ordinary personal luggage or goods belonging to him, not exceeding in weight

201bs., without any charge being made for the carriage thereof.

11.    All cars used on the said tramway shall be moved by steam or electric

power.

12.    All cars using the said tramway may travel at a speed not exceeding the

rate of ten miles an hour, and may follow after each other at distances of not less than 100 yards ; and may stop at any point on the said tramway (except on crossings of streets) for the purpose of taking up and setting down passengers, and may stand at either terminus.

13.

Cars shall be run to a time table, which shall be exhibited in some conspicuous place near either terminus of the said tramway.

14.    The said tramway shall be constructed in accordance with the drawings

herewith (subject to provisos herein contained).

15.    All additional plans and specifications required in connection with the

carrying out of the works shall be submitted to the Commissioner of Railways,

and all work shall be carried out and finished to his entire satisfaction.

16.    The Promoters may, from time to time, make and enter into and carry

into effect contracts, agreements, and arrangements with any person or company for or with reference to the use by such other person or Company of the said tramways, or portion thereof, and for prescribing and regulating the tolls and charges to be paid for such use, and all matters incidental thereto.

17.    During the first three years after the opening of the said tramway for

traffic, the time table and fares to be observed for running cars shall be adjusted from time to time by the Promoters to meet the local conditions and requirements of the public, not being less than 12 trams per diem.

18.

It shall be lawful for the Promoters, with the approval of the Com- missioner of Railways, to transfer their rights and privileges under this Provisional Order to d person, corporation, or company ; provided that the agreement shall include the right of the Promoters to purchase the whole of the property and working plant in connection with the tramway from such person, corporation, or company after a stipulated number of years has elapsed.

19.    The term "Promoters," whenever hereinbefore used, shall mean and

include the mayor, councillors, and ratepayers of the Leonora Municipality, when-

ever the context so requires or admits.

SCHEDULE ABOVE REFERRED TO.

From the South side of Forrest Street, thence along Tower Street, thence Southwards along the Gwalia, Road to the Northern boundary of Gold Mining Lease No. 446e in the Gwalia District.

Given under my hand this 18th day of November, 1902.

W. J. GEORGE,

Commissioner of Railways.

By Authority: Wu. ALFRED WATsox, Government Printer, Perth.