Mary Valley Railway Act of 1911 (2 Geo v No. 7) (Qld)

5244 RAILWAYS. 2 GEO. V. No. 7, 2 Geo. V. No. 7. THEMARY VALLEY RAJI,WAY ACT OF 1911. RAILWAYS. An Act to Validate an Agreement entered into between the Treasurer, the Commissioner for Railways, and the Councils of the City of Gympie and of the Shires of Maroochy and Widgee relating to the Construction of a State Line of Railway from Keefton, near Gympie, up the Valley of the Mary River to Imbil, and to make provision for matters incidental thereto. Preamble. Schedule. Schedule. [ASSENTED TO 26TH OCTOBER, 1911.J W HEREAS it is proposed to constrnct a State Lino of Railway from Keefton, near Gympie, on the North Coast Railway, in the said State, up the Valley of the Mary River to Imbil, in length twenty-four miles thirty chains or thereabouts, in accordance with a pJan, section, and book of reff'rence prepared in that behalf by the Commissioner for Railways, and approved by Parliament on the twenty-second day of December, one thousand nine hundred and ~ en, and the route of the said Railway is delineated in the Schedule 10 this Act: And whereas, pursuant to " The Railways Act of' 1906,"* a Railway District, under the name of "The Mary Valley Railway District," was duly defined as delineated. in the said Schedule by the said Commissioner and transmitted by him to the Secretary for Railways, but such Railway Distdct has not yet been ·duly constituted as required hy th.- said Aet : And whereas the said Railway District comprises an area consisting of parts of the Shires of Maroochy and Widgee: And whereas it is provided by "Thp Railwal/8 Act of 1906"* that, under and subject to the provisions and conditions of the said Act, if and as often as the earnings of the said ltailway in any year after its completion should amollnt to less than a sum equal to the cost of maintaining and working the said Railway during such year, together with interest for thl' !'ame year at the rate of three pounds per centum per annum upon the certified cost of construc- tion thereof, tllf'n alid in every such case the whole of the >10 6 J{dw. VII. No. 15, supra, page 2915.

RAILWAYS. 5245 1911. Mar.1f VaZIf,y Railwa.1f Act amount of such deficiency should be paid and made good by means of a Railway Hate levied upon the ratepayers of the said Railway District when duh constituted, and by the contribution of the Treasurer made, levied, collected, and paid in manner provided by the said Act: And whereas it is desired that, notwithstanding' the provisions of the said Act, the ratepayers being the owners and occupiers of rateable land situated within the City of Gympie which is not comprised within the said Railway District should from time to time pay arid make good to the said Commissioner a portion of any such deficiency arising as aforesaId, as and when the same shall arise, in partial exoneration of the ratepayers of the said Railway District and of the Treasurer: And whereas, on the fourth day of September, one thousand nine hundred and eleven, an Agreement was entered into between the Treasurer, the Commissioner for Railways, and the Councils of the City of Gympie and of the Shires of Maroochy and Widgee for giving due effect to the objects aforesaid, subject to its ratification by an Act of l'arliament,a copy of which agreement. is set forth in the Schedule to this Act: Schedule. And whereas it is desirable that the said Agreement should be validated b, an Act of Parliament, and that the provisions of " The Railwa.7J8 .Act of 1906,"* as modified by the said Agreement, should apply to the said Railway when constructed: Be it therefore Hna,cted by the King's Most Excellent Majesty, by and with the advice and consent of the Legi&lati\'e Council and Legislative Assembl,v of Queens- land in Parliament assembled, and by the authority of the same, as follows :- 1 This Act may be cited as "The Mary ralley Short titl,e. Railway .Act of 1911." 2. (1.) The .\ greement entered into on the fourth Validation of day of September, one thousand nine hundred and eleven, Agreement. betwt'en the Treasurer, the Commissioner for Hailways, and the Councils of the City of Gympie and of the Shires of Maroochy and Widgee r('lating to the proposed State line of Railway from Keefton, near Gympie, to Imbil aforesaid, a copy of which Agreement with the map attached thereto is set 'forth in the Schedule to this Act, is Schedule. hereby validated. " 6 Rdw, VII. 1\0. 15, supra, p"ge 2915.

5246 RAILWAYS. Mar!! Valley Railway Act. 2 GEO. V. No. 7, (2.) All the provisions of' "The Rail/cays Act of 1906,"* except where modified, varied, or negatived by the said Agreement, shall extend and apply to the said Railway. } ) urin~ tile currency of the said Agreement the £aid Act shall, in its application to the said Railway, be read and construed as one with the said Agreement. (3.) All sums of money which. in pursuance of the said Agref'ment, may from time to time becollle payable by the 'rreasurer are hereby appropriated for the purpose. THE SCHEDULE. AGREEMENT entered into this fourth day of September, 1911, between the TreaRurer of the State of Queensland (hereinafter referred to as "the Treasurer") of the first part; the Commi~ sioner for Railways of the said State (hereinafter rpferred to as "the Commissioner") of the second part; the Council of the City of Gympie, a Local Authority within the meaning of " The Local A~ dhorifies Act ,ot 1902,"* of the third part; the Council of the Shire of Maroochy, a Local Authority within the meaning of the said Act, of the fourth part; and the Council of the Shire of Widgee, a Local Authority within the meaning of the said Act, of the fifth part: Whereas it is proposed to construct a Sfate line of Railway from Keefton, npar GympiE'. on the North Coast Railwav,.in the said State, up the valley'bf the Mary River, to Imbil, in length twenty-four miles thirty chains or thereabouts, in accordance with a plan, ~ ection, and book ot reference prepared in that behalf by thp Commissioner, and approvE'd by Parliament on the twentY-8econd day of Dec.·mbpr, one thousand nine hundrt-d and ten, and the route of the said Railway is delineated in the Schedule to this AgreE'ment : And wherE' a~ , pllr~ uant to" The Railways Act of 1906,"* a Railway Di~ triet. under the name of "The Mary Valley Railwav District," was duly dE'fined as delineated in the said 8chedwe hy the CommiRsioller and trammitted by him to the Secretary for Railways, but sueh Railway District has I:ot yet been duly constituted as required by the said Act: And whereas the said Railway District comprises an area consisting of parts of the ~hirE's of Maroochy alld W Idgee aforesaid: AB~ wherea~ it is provided by "The. Railways Act oj 1906"* that, under aIld subject to the provisions and condItions of the said Act, if and as often as the earnings of the !laid Railway in any year after its com- pletion should amount tf' less than a sum equal to the cost of maintaining and working the said Railway during such year, together with interest for the same year at the rate of £3 per centum per annum upon the cerlified co~ t of construction therE'of, then and in every such case the whole of the amount of such deficiency shall be paid and made good by means of a Railway Rate levied upon the ratepayers of the said Railway District when duly constituted, and by the contribution of the Treasurer, made, levied, collel'ted, and paid in manlier provided by the saId Act: And whereas it is de~ ired that, notwithRtanding the provisions of the ~ aid Act, the rat.epayers, being the o~ ners and occupiers of rateable land situated WIthin the City of Gympie, which i~ not compri~ ed within the said RailwllY District, should from time to time pay and make good to the .. 6 Edw. VII..No. Hi, supra, page 2915. t 2 Edw VII. j'; 0, 19, 8upra, page 181i0.

1!H1. RAILWAYS. Mar.1f Vallf'.'1f Railway Act. \ 5247 Commissioner a portion of any such deficiency ariAing as aforesaid, as and when the Rame arises, in partial exoneration of. the ratepayerd of the said Railway Di!ltrict and of the Treasurpr: And ~ herea~ the parties to these presents are de~irous of entering into an Agreement for giving due effect to the object:' aforesaid, subject to its ratification by an Act of the Parliament of Queensland: Now this Agreement witnes8eth that, in cons.ideration of tIle premi~es, the Treasurer and each of the aforesaid Local Authorities, so far only as relates to his or its own acts hereinafter agrped to be done -and performed, do and each of them doth hereby severally agree with the Commissioner as follows : - 1. In thi.s Agreement, unless the context otherwi~ e indicates, the Int-!'l'preta" following terms have the meanings assigned to them respectively, that is tion. to say:- " Local Authorities Act" -" The Lt}(;al Authorities Act of 1902,"* and any Act amending or in !,ubstitution for that Act; "Local Authority "-The Council of the City of Gympie and the Council of the Shire of Maroochy and the Council of the Shire of Widgee ; "Railway Dil'trict"-The Mary Valley Railway District defined as aforesaid, and delineated in the Schedule hereto; "Railway"-The Mary Valley Railway, to be constructed by the route delineated in the Schedule hereto, in length twenty- four miles thirty chains or thereabouts, in accordance with a plan, section, and book of reference approved by the Parli~ . ment of Queensland as llereinbefore mentioned; "Rateable Land"-Rateable land ai! defined by sectIOn one hundred and ninety-three of the Local Authorities Act; "Ratepayer"-Any persou who is named in the ratebook of a Local Authority as the owner or occupier of rateable land situated, in the case of the City of Gyrnpie, within such City, and, in thl-' .case of the Shire of Maroochy, situated within that part of that Shire which is comprised within the Railway District, and, in the ca~ e of the Shire of Widgee, situated within that part of that Shire which is comprised within the Railway District. 2. The Commissioner shall. a~ soon as may be after the construction Cel·tifioate of of the Railway is completed, bv a ct'rtificate nnder hi~ hand and published cost of . in the Govern",ent Gazette, declare thp actnal cost of the construction of constrll.ctlon. the same, including the land resumption aud rolling-stock, and shall in every Y£ar thereafter, so long as there is such a deficiency as is herein- after mentioned, include in a similar certificate such additions as are chargeable to the capital cost. 3. If and as often as the earnings of the Railway in any year after Liability of its completion amount to less than a sum equal to the cost of maintainmg ratepayers. and working the Railway during such year, tog':'ther with interest for the same year at the rate of. £3 per centnm per annum npon the certified co~t of construction thereof, thpn and in every such case the ratepayers shall be liable to make good to the Commissioner the amount of snch defiCIency, and in the proportions following, that is to say:- The ratppayers of those parts of the Shires of Maroochy and Widgee whil'h are comprispd within the Railway District ... . 2/ ~ rds . The ratepayers of the City of Gympie 1/3rd • 2 Edw. VII. No. 19, supra, page 1860. 3/3rds

5248 RAILWAYS. Mary Vallf'!J Railway Act. 2 G~;o. V. No. 7, The Commissioner shall in respect of each such year, by a ct'rtificate und,'r his hand and publIshed in the Government Gazettf1, declare whether or not Ruch deficiency exists, and the amount of such deficiency, if any: Provided that. for the first year the account shall be kept and certified to from the date of the completion of the Railway uutll the first day (If July next ensuing, and sueh period shalrfor tbe purposes of this Agr' ement be deemed to be a year, l1nless such period is less than three morth~ , in which case any ~ uch deficiency shall be added ~ to and be deemed to form part of the capital cost of construction of the Railway: Provided further that during the currency of this Agreement subsection six of I'ection four of " The Railways Act of 1906"* shall not apply to the Railway District. How deficiency to be made good. Valuation. 4. Any deficiency aforesaid in respect of the Railway shall be paid and made good by means of a Railway Rate levied upon the ratepayers and by the contribution of the Treasurer as hereinafter provided. 5. (1.) The provi~ ion8 of sectiolls eight and tpn of" The Railways Act of 1906"* shall apply to the valuation of all the rateable lands situated within the Railway District. (2) With respect to the City of Gympie, the valuation of the rateabJe lands situated therein, made under and for the purpo~ es of the Local Authorities Act and for time being in force, shall be the valuation of those lands for the purposes of this AgreeuH'nt and of the Railway Rate to be made and levied in respect of those lands. Railway Rate. 6. (1.) So far as relates to the Shires of Maroochy and Widgee, each Coun(·il shall, when and so often as is required for the purpose of raising a sum of mollf'Y which, when added to the amount of the Rate levied and collected by the other Council and the contribution of the Treasurpr as hereinafter provided, will be tmfficient to make good 2/3rds parts of the dpficiencyaforesaid in respect of any year, make and levy a Railway Rate of a sufficient amount upon all rateablp land situated withm so much of its Shire as is compri8ed within the Railway District, in accord- anee with the valuation hereinbefore prescribed. (2.) So far as relates to the City of Gympie, the Council shall, when and so often as ig reqUIred for the purpose of raising a sum of money which, when added to the contributIOn of the Treasurer as hereinafter prvided, will be sufficient to make good 1/:1rd part of the deficiency aforesaid in re~pect of any year, make and levy a Railway kate of a snfficient amount upon all rateable land situated within the said City, in accordance with the valuation hereinbefore prescribed. (3.) Each such Local Authoritv shall be liable to the Commissioner for il s proportion of the said mOne):B as for a debt. (4.) Each such Local Authoritv shall include in such Rate an amount to cover the expenses (if any)" of valuation and the making, levy, and collection of the Rate not exceeding five pounds for everyone hundred pounds of the amount required to be levied. (5.) SUt·h Rate shall be paid and borne by the ratepayers. Application of Local .A uthorities Act. 7. A 11 the provisions of the Local Authorities Act relating to the maki::lg, levy,collpction, pavmeut, rpcovery, and enforcement of gpneral rates under that Act shall be applicable to the makin/!, levy, collection, payment, recovery, and enforcement of the Railway Rate, so far as such provisions can he applied. * 6 Edw. VII. No. 15, 8upf'a, page 2915.

RAILWAYS. 5249 1911. Mar!! Vlllle.1f Railway Act. Provided that, in addition 10 tholle provisiom, the following provisions Add:tional ,shall be applicable to all Railway Rates:- proyisions. (i.) With re~ pect to those parts of the Shires of Maroochyand Widgee which are comprised withm the Railway Di~ trict- (a) Thp Couucils of those Shires shall jointly appoint and pay a valuer, \\ ho shall value the whol· of the rateable bnds of those Shires whICh are si tuated within the Railwny District; and, if within thirty days after notict' in that behalf bv the Commissioner such valuer is not appointed, th,eCommis- sioner shall appoint a valuer for 1 he purpose and fix his salary, and 8ueh valuer shall be deemed b have been appointed by and 8hall be paid by those Councils; (b) The Commissionf'r shall, whenever necessary, apportion the liability of each such Couneil so far as their liability in respect of the rateable lands aforesaid is concerned; (c) The Rate made and levied by each such Council shall, in all cases, be of the same amount for every pound of the value of such lands; (ii.) Tf any ratepayer makes default in the payment of such Rate within sixty days after the ~ arne is levied, there shall be added to the amount a further sum, by way of penalt.y, equal to SiX pounds per centum there"f; and such pet:alty shall thereafter be deemed to be a part of such Hate, and shall be recoverable as such; (iii.) The amount of any Rate may be recovered by the Commis- ~ ioner by action in any court of competent jurisdiction from the owner or occupier for the time bping of the land in respect of which the same is due and payable, 110twlthstanding any change that may have taken plaee in ~ uch ownership; (iv.) The total amount of such Rates, after deducting thert'froPl any sums paid from time to tllne on account thereol, shall be and remain a charge upon the land, notwith~ tanding any change in the ownership thereof, an(1 in priority to any mortgage, encnmbrance, or other charge whatsoever thereon until such Rates are paid. 8. If a Local A uthority refuses or neglects to levy and collect its Enforcement proportion under this Agreement of the amount of money required to of Railway make good any deficif'ncy as aforesaid in any year, the Commissioner R~ t~ by Com- may levy and collect a Railway Rate of the required amount, and for that nnSSlOner. purpose shall have all the powers conferred upon a Local Authority by the Local Authorities Act III rrspect of the valuatlOn of rateabIe land and the levy, collection, and enforcement of the payment of rates. 9. Each Local Authority shall pay over to the CommiAsioner the Local amount for which it is liable under thi.R Agreement in any year after Authority to deducting the amount by way of expenses hereil1before pre~ crlbed, and pay over all such sums shall be placed by the Commissioner to the credit of the amount. account of the Hailway. 10. Section fifteen of " The Railways Act of 1906"011< shall apply to Contribution the contribution to be made by the Treasurer under this Agreem( nt by Treasurer. towards any defieiency arising as aforesaid, and such contribution shall be made as in the said section provided in respect of all vacant land within the Railway Di~ trict which is vested in His Majesty and not subject to any lease or liceme. * 6 Edw. VII. No. 15, .Y1ipra, page 2915.

5250 RAILWAYS. Mary Valley Railway Act. 2 GEO. V. :\"0. 7, 1911. When 11. Whenever the earnings of the Railway have for each year :ay l' a~ ~ yers during a period of three consecutive years been of such amount that no b:easurer such deficiency as aforesaid has arisen, the Commissioner shall by his released. certificate declare accordmgly, and thereupon the ratepayers and the Treasurer shall be releaAed from all liability imposed by this Agreement, and this Agreement shall no longer apply to the Railway. For the purposes of this section, any surplus of the earnings of the Railway in any year shall be carried f(lrlrard to succeeding years towards making good any such deficiency as aforesaid in any such subsequent year. tA o i f opnpRsle. igcautliao-n far ais2m. aRyebgeu, laatpiopnlys tmoatdhee uRnadilewra" v T . he Railways Act of 1906 "* ~ hall, so Ratification 13. This Agreement shall have no binding force 01' effect upon the of Agreement. parties hereto or otherWise howsoever, unles~ or until the same has been ratified and approved by an Act of Parliament of QueenRland. Upon belllg so ratifieo and approlved, this Agreement shall, notwith- standing anything contained in " TlM Railways Act of 1900 ,,* ur in any other Act to the contrary, be binding upon the parties hereto and all ratepayers and other persons concerlled, and shall extend and apply to . the Mary Valley Railway. In witness whereof the parties to this Agreement h'lve hereunto set their hands and seals. . In the pre~ ence of- W. L. FOWM:S. 8 W. H. BARNES, Treasurer of Queensland. The Official Spal of the Commissioner for Railwan was affixed hereto by- • In the presence of- G. R. STEER, Secretary. CHARLES EVANS, Commissioner. The Common Seal of the Council of the City of Gympie was affixed hereto by- G In the presence of- ALFRED R. RANSON, Town Clerk. R. H. COX, Mayor. * 6 Rdw. VII. No. 15, supra, page 2915,

RAILWA.YS.-RELIGION. 2 GEO. V. No. 4, 1911. Mdhodist Church Act. '1'he Common Seal of tlle Council of the Shire of Maroochv was affixed hereto by- • 8 In the presence of- A.. H . .BROOKES, :shire Clerk. J. Me~ All, Chairmall. 'j he Common Seal of the Council of the Shire of Widgee was affixed hereto by o In the presence of- CHA-RLES BRA-SeH, . Shire Clerk. Z. D. S. SKYRING, Chairman. 5251 RELIGION. An Act to Sanction and Confirm the Constitution of 2 Geo. V. the New Zealand Conference ofthe Methodist N T o H . E 4. Church of Australasia as an independen.t C M H E Q T R H C O H D A IS C T T Conference, and for other purposes. OF 1911. [ASSENTED TO 16TH OCTOBER, 1911.] W HEREAS the Methodist Church of Australasia in Preamble. New Zealand is a branch of the Methodist Church of Australasia, and is governed by an Annual Conference, which is itself subject to the General Conference of the Methodist Church of Australasia: And whereas the General Conference of the Methodist Church of Australasia, held at Adelaide in the year one thousand nine hundred and ten, unanimous1y consented to the constitution of the said Annual Conference of the Methodist Church of Australasia in New Zealand as an independent Conference in accordance with and upon and subject to a plan ·of independence which is fully set forth in the printed Minutes of tht' said General Conference, subject, nevertheless, to the consent of each of the Annual . ~ .. '", I,,: