Mackay Railway Extension and McGregor Creek Branch Railways Act of 1909 (9 Edw VII No. 5) (Qld)

RAILWAYS. 9 EDW. VII.N0.5,1909. Macleay Railway Extension and Mc Gregor Oreele. MACKAY RAILWAY EXTENSION AND McGREGOR CREEK BRANCH RAILWAY. See RAILWAYS. METROPOLITAN WATER AND SEWERAGE. See WATER AND SEWERAGE. PORT ALMA RAILWAY. See RAILWAYS. PRESBYTERIAN CHURCH. See CHURCHES AND CHAPELS. 9511 RAILWAYS. Macleay Railway Extension and Mc Grflgor Oreele Branch Railways Act of 1909 ... ... 9 Edw. VII. No. 5 Port Alma Railway Act of1909 ... 9 Edw. VII. No. 17 . Warwicle to Mar,yvale Railway Act of1909 ... . ... 9 Edw. VII. No. 6 An Act to Make Provision for the Acquirement by 9 Edw. 'VII. the State of all the Right, Title, and Interest ofTHEN~ ~ · XAY the Council of the Shire of Pioneer in the Tram- E~ ~ ~ ; ~ ! ways known, respectively, as the "McGregor MO~~~ GOB Creek Tramway" and the" Cattle Creek Ex- BCB:~ O~ tension," and for the Working and Management A~ : ~' ; ~~ ~ . of the said Tramways in connection with the -lVIackay Railway, and for the Extension of the said Tramways, and for the Constitution of Railway- Districts under "The Railways Act of 1906" in respect of the said Tramways as so extended, and for the Application of the said Act to the said Tramways as so extended, and . for other incidental purposes. [ASSENTED TO 7TH DECEMBER, 1909.J W HEREAS the Oouncil of the Shire of Pioneer has, Preu.mbJ... . under the authority of an Order in Oouncil dated the thirtieth day of September, one thousand nine hundred and three, issued under "The Tramways Act of 1882,"* constructed a Tramway, known as the" McGregor Oreek Tramway," from Benholme, on the Mackay Railway, to J{irkup, in length seven miles and twenty-one chains or * 46 Vie. No. 10, supra, page 2107.

9512 RAILWAYS. Mackay Railway Extension and McGre.'1or Creek 9 EDW VII.No.5, thereabouts: And whereas the said Oouncil has, under the authority of an Order in Oouncil dated the twenty-sixth day of February, one thousand nine hundred and four, issued under" rPhe Tramways Act of 1882,"* constructed a Tramway known as the" Oattle Oreek Extension," herein- after called the Cattle Oreek Tramway, being an extension of the said Mackay Railway from Pinnacle to Finch Hatton, in length six miles and four chains or thereabouts:. And whereas the cost of the said 'framways was defrayed by the said Oouncil by mp.ans of a loan from the Treasurer granted under" The Local Work'J Loan Acts, 1880 to 1899":t And whereas there is presently owing by the said Oouncil to the Treasurer, in respect of the principal moneys so advanced and accrued interest thereon, in respect of the McGregor Oreek Tramway the sum of eleven thousand six hundred and thirty-four pounds eighteen shillings and six pence, and in respect of the Oattle Oreek Tramway the sum of ten thousand two hundred and eighty-three pounds four shillings and five pence, making a total indebtedness of twenty-one thousand nine hundred and eighteen pounds t-w 0 shillings and eleven pence: And whereas the said Tramwavs have since the respective dates of their completion v been worked and managed by the Commissioner for Railways in connec- tion with the Mackay Itailway under agreements in that behalf entered into by and between the said Oommis- sioner representing the Government of Queensland and the said COUIicil : And whereas it is to the public advantage that the said Tramways should continue to be worked by the said Oommissioner in connection with the Mackay Railway: And whereas the said Oommissionerhas reported to the Secretary for Rail ways that the public utility of the said Tramways would be greatly increased· if the said McGregor Oreek Tramway were extended towards Silent Grove, a length of two miles or thereabouts, and if the 'said Oattle Oreek 'framway were extended to the foot of the Eungella. Range, a length of six and three-quarter ~iles or ther.eabouts : And whereas the said Oouncil is not desirous of incurring any further expenditure in and about the con- struction 'of the said extensions of the said Tmmways or either of them: * 46 Vie. No. 10, supra, page 2107. t 44 Vie. No. 9, supr", page 1456; 62 Vie. No. 9, supra, page 6600; 63 Vie No. 7, supra, page 7139.

RAILWAYS 9513 1909. Branch Railwa.ll8. . A nd whereas the said Council is willing, in considera- tion of its being absolutely discharged from all its liability to the Treasurer in respect of the s~ id sum of twenty-one thousand nine hundred and eighteen pounds two shillings and €lleven pence, being the amount presently owing in respect of the said advances for the construction of the said Tramways and interest as aforesaid, that all the right, title, and interest of the said Council in the said Tramways should be transferred to and be vested in the said Commis- sioner, so that the said Tramways, with any extensions of the same, shall become State Hailways under and subject to the laws i~ force relating to the railways of the State: And whereas the said Tramways have been well and faithfully constructed and arc now safe and fit for public traffic, and it is expedient that the same should be acquired by the State upon the terms aforesaid, and as so acquired should be extended as her.einbefore mentioned in accord- ance with plans, sections, and books of reference approved by Parliament and be worked in connection with the Mackay Railway, and that the McGregor Creek Tram- way extended towards Silent Grove aforesaid should be deemed to be a rairway subject to " The Railways Act of 1906,"* and that the Cattle Creek Tramway extended to the foot of the Eungella Range aforesaid should be deemed to be a railway subject to " The Railways A ct of 1906 ,,* : Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and I-,egislative Assembly of Queensland in Parliament assembled, and by the authority of the same,- as follows : - 1. This Act may be cited as "The ]J[ackay Railway Short title. Extension and Mc Gregor 01'eek Branch Railways Act of 1909." 2. (1.) It shall be lawful for the Council of the Shire P?wel' to . of Pionee . r to transfer to the Commissioner for Railways ~ PlOn ~ e~r ~ ShIN representmg the Government of Queensland, and for the transfer and said Commissioner to acquire from the said Counc~ all ~ i~ ? ~ ~ r to the right, title, and interest whatsoever of the CounCIl of acquire the the Shire of Pioneer in the following Tramways, namely:- ~ ~ ~ : ~ ~ ~ (a) "The McGregor Creek Tramway," constructed Cattle Creek from Benholme, on the Mackay Railway, to Tramways. Kirkup, in length seven miles and twenty-one chains or thereabouts; and '* 6 Edw. VII. No. 15, supra, page 9109.

9514 RAILWAYS. Mackay Railway Extension and Mc Gregor Greek 9 EDW. VII. No. 5, (b) "The Cattle Creek Tramway," being an exten-' sion of the Mackay Hailway constructed from Pinnacle to Finch Hatton, in length six miles' and four chains or thereabouts. (2.) Th~ total consideration that shall pass or be given by the Commissioner for Hailways representing- the Government of Queensland to the said Council for the transfer of the aforesaid Tramways shall be the absolute discharge and extinguishment of a debt amounting to the sum of twenty-one thousand nine hundred and eighteen pounds two shillings and eleven pence presently owing by the said Council to the Treasurer in respect of a loan advanced by the Treasurer to the said Council, under and subject to " The Local Works Loans Acts, 1880 to 1899,"* for the construction of the said Tramways and accrued interest thereon. (3.) It shall be lawful for the said Council and for the said Commissioner representing the Government of Queens- land and for the Treasurer to enter into and execute such agreement, with all stipulations and covenants as shall be deemed necessary or proper, to transfer the said Tramways and each of them, and all the right, title, and interest of the said Council therein, to and to vest the same in the said Commissioner, arid, in consideration therefor, to abso- lutely discharge and. extinguish the said debt owing by the said Council to the rrreasurer. (4.) Upon the execution of the said agreement, a copy of the same shall be published in the Gazette, and there- upon, subject to the provision next hereinafter contained, the said Tramways and each of them shaH be divested from the Council of the Shire of Pioneer and become and be vested in the Commissioner for Hailways, freed from all rights, claims, and demands whatsoever of or by the said Council; and the said debt of the said Oouncil to the Treasurer shall be absolutely discharged and extinguished. (5.) Provided, nevertheless, that such agreement shall have no force or effect whatsoever unless or until Railway Districts are duly constituted under "The Railways Act qf 1906,"t as modified by this Act, for each of the said Tramways as proposed to be extended in accordance with the approval and authority hereinafter granted. Tramways to 3. When the said Tramways have become so vested H be apckasr, t. of in the Oommissioner for Railways, they and each of them Railway. shall be and be deemed for all purposes to be part of the .. 44 Vie. No. 9, supra, page 1456; 62 Vic. No. 9, supra, page 6600; and 63 Vic. No. 7, supra, page 'il3!1. t 6 Edw. VII. No. 15, supra, page 9109. _

RAILWAYS. 9515 1909. Branoh Railways. . , State Railways, and shall be worked and managed in con~ nection with the Mackay Railway," . 4. (1.) The construction ofa 'line of State Railway con8true~io!l from Kirkup towards Silent Grove , being an extens • ion of oapfperxotvenedS.Ion. the McGregor Creek Tramway, in length two miles or thereabouts, in accordance with plans, section, and book of reference prepared by the Commissioner for Railways and approved by Parliament, is authorised and approved, (2.) 1.'he construction of a line of State Railway from Finch Ratton to the foot of the Eungella Range, being an extension of the Cattle Creek Tramway, in length six and three~ quarter miles or thereabouts, in accordance with plans, section, and book of reference prepared by the Oommissioner for Railways and approved by Parliament, is authorised and approved. 5. (1.) For the purposes of "The 'RailwaylJ Act of Construe· 1906,"* the actual cost of the construction of the 1\1 cGregor t~ nal :,st Creek Tramway when acquired as aforesaid from the ~r: :way. Council of the Shire of Pioneer shall be deemed to be eleven thousand six hundred and thirty-four pounds eighteen. shillings and six pence, and that amount shall be included in the certificate to be given by the Commissioner. for Railways under section five of the said Act as part of the total, actual cost of the construction of the said "Tram- way when extended toward Silent Grove as hereinbefore provided. (2.) For the purposes of "The Railways Act of 1906,"* the actual cost of the construction 'of the Cattle Creek Tramway when acquired as aforesaid from the Council of the Shire of Pioneer shall be deemed to be ten thousand two hundred and eighty-three pounds four shillings and five pence, and that amount .shall be included in the certificate to be given by the Commissioner for Railways under section five of the said Act as part of the total actual cost of the construction of the said Tramway when extended to the foot of the Eungella Range as hereinbefore provided. 6. Save as. ~ xpressly modified by this Act, all the Applicationof provisions of " The Railways Acts, 1863 to 1906,"t shall ! a~ ! ; ; : fr; . Aets apply to-. (a) 'fhe McGregor, Oreek Tramway when acquired as aforesaid from the Council of the Shire of Pioneer and also when extended toward Silent Grove as hereinbefore provided; and .. 6 Edw. VII. No. 15, supra, page 9109. t 27 Vie. No. 8, supra, page 2065; 28 Vie. No. 24, supra, page 2096; 36 Vie. No. 21, supra, page 2099; 44 Vie. No. 10, supra, page 2104; 52 Vie. No. 8, supra, page 2596;. 60 Vie. No. 30, 8upra, page 6097; 64 Vie. No. 12, Bupra, page 7366; . 2 Edw. VII. No. 8, supra, page 8599; and 6 Edw. VII. No. 15, lIupra, page 9109,

9516 RAILWAYS. Port Alma Railwmt. 9 Enw. VII. No. 17, (b) The Cnttle Creek 'J1ramway when acquired as aforesaid from the Council of the ~ hire of Pioneer and also when extended to the foot of the Eungel1a Range as hereinbefore provided. o o Mf f od 8 i a 1 . p l 4 . p c . li o c ~ t f a i° t 1 ~ 0D the· M 7. " mTIhsteerCoammmiaspsioannedr. fdoerscRrI.apit,llwOna,v v susnhdaelrl thraI' Snsom i . l i l Ct ' Itao. I Act of 1906. seal, of each District, respectively, which in his opinion will be directly benefited by the acquirement and exten- sion as aforesaid of the McGregor Creek Tramway and the Cattle Creek Tramway. Such map and description of each of such Districts shall, for the purposes of the application of section four of "The Railways A.ct of 1906"* to each of the said Tramwavs, and of the constitution of the respective Railway Districts in respect of each of the said Tramways, have the same force and effect and be dealt with in all respects as if it had. been transmitted under subsection one of that section for the purpose of a railway proposed to be newly constructed through its whole length. Upon the constitution under the said section of each of the said Railway Districts, "The Raiiways A.ct of 1906,"* save as modified by this Act, shall apply to each of the said Tramways as if each of them had been respectively newly constructed through its whole length within its respective Railway District. 9 ~ ~\ r.lI· An Act to Validate an Agreement entered into P OR T T RAE LMA. RAILWAY ..lOT OF 1909. between the Secretary for Railways, for and on behalf of the Government of Queensland, and The Rockhampton Harbour Board, for the Con- struction of a Branch Line of Railway from Port Alma to a Point on the Main Line of Railway from Rockhampton to Gladstone, and to Authorise the Construction of the said Railway, and to make Provision for certain Matters incidental thereto. :Preamble. [ASSENTED TO 29'rH DECEMBER, 1909.] W HEREAS the Rockhampton Harbour Board has for some time past been desirous of having a line of railway constructed to connect the Port Alma Wharf with some point on the Government Railway between Rockhampton and Gladstone, and with that object has "" 6 Edw. No. 15, supra, page 9109.