Nerang River Bridge and Southport-Burleigh Road Act of 1923 (14 Geo v No. 9) (Qld)

JAPANESE EARTHQUAKE.-LOCAL AUTHORITIES. 10859 14 GEO. V. No. 9,1923. Nerang River Bridge and Southport, Etc., Act. 7. (1.) The Governor in Council may from time to Regulations. time make all such regulations as he deems necessary for giving full and complete effect to the objects and purposes 'Of this Act, and for securing the due and proper adminis- tration, management, and control of any such funds, money, or property, and for carrying into execution the trusts to which such funds, money, or property may be subject. (2.) The regulations may provide for the conduct of meetings of the trustees and for the number that shall constitute a quorum at any such meeting. (3.) The regulations may provide a penalty not exceeding twenty pounds for any contravention thereof, to be recovered in a summary way as aforesaid. (4.) All such regulations, upon publication in the Gazette, shall be read as one with this Act and be of equal validity, and shall be judicially noticed. LOCAL AUTHORITIES. An Act to Validate Certain Agreements entered 14 Geo. V. into by the Secretary for Public Lands with ~ : : . Certain Local Authorities and Persons re- ~ ~~~ G lating to Certain Road and Bridge Improve- BRIDGE AND SOUTHPORT- ments and a Certain Q,uarry. Site near BURLEIGH • ROAD ACT Southport, and for other consequentIal purposes. m'1923. [ASSENTED TO 28TH AUGUST, 1923.J W HEREAS BY AN AGREEMENT made on the Preamble. twenty-eighth day of June, one thousand nine hundred and twenty-three, BETWEEN the SECRETARY FOR PUBLIC LANDS, for and on behalf of the Government of Queensland (therein called" the Minister," which expres- sion included his successors in the said office and his and their assigns) and THE COUNCIL OF THE TOWN OF SOUTHPORT (therein called "the Southport Council") and THE COUNCIL OF THE SHIRE OF NERANG (therein called" the Nerang Council ") it was agreed that- l. The Minister should with all reasonable diligence construct, execute, and complete in all respects in le

10860 LOCAL AUTHORITIES. Nerang River Bridge and Southport, Etc., Act. 14 GEO. V. No. 9,: accordance with certain agreed plans and specifications (but subject, however, to such variations and modifica- tions of such plans and specifications as the Minister might think fit: provided that in the opinion of the Minister such variations or modifications did not decrease the usefulness of the said works to the public- (a) A bridge nineteen feet wide overall across the Nerang River from a point at or about the junction of Queen Street and the Esplanade~ Southport, to such point upon the opposite shore of the said Nerang River as the Minister might determine; (b) A metalled road sixteen feet wide from the eastern end of such bridge to such point at or about the Town of Burleigh as the Minister might determine. 2. The price for the construction, erection, and completion of the said works should be the sum of Seventeen thousand seven hundred and sixty-four pounds ten shillings. 3. The Southport Council should pay to the Minister the said last -mtntioned sum, together with interest thereon or on so much thereof as should from time to time be owing, at the rate of five and a-half per centum per annum, from the date of the completion by the Minister of the said works, by fifteen equal annual payments (of principal and interest) of One thousand seven hundred and sixty-nine pounds fifteen shillings and ten pence each. The first of such payments should be made within three calendar months after the com- pletion by the Minister of the said works, and the remain- ing payments should be made at successive intervals. of twelve calendar months from the date when such first payment became payable. For the purposes of this clause the certificate of the Minister as to the date of the completion of the said works should be final and conclusive. 4. While any moneys remained owing by the Southport Council to the Minister- (a) The Southport Council should, to the satis- j action of the Minister, keep and maintain the said bridge in a good and proper state of repair and condition, and properly painted and, except so far as might be necessary for the purpose of repair and painting, at all times open for public traffic;

LOG.C\L AUTHORITIES. 1923. 1Y erang River Bridge and Southport-BllrZeigh Road Act. (b) The Southport Council and the Nerang Council should, to the satisfaction of the Minister, keep and maintain such parts of the said road as should be within their respective Areas in a good and proper state of repair and condition and, except so far as might be necessary for the purpose of repair, at all times open for public traffic. 5. The Southport Council and the Nerang Council each respectively covenanted with the other of them as, follows : - (a) The Nerang Council should pay to the South- port Council the sum of Five thousand four- hundred and fifty pounds, being part of the contract. price mentioned in clause two of the \;laid Agreement, together with interest thereon or so much thereof as should from time to, time be owing, at the rate of five and a-half per centum per annum, from the date of the completion by the Minister of the said works,. by fifteen equal annual payments (of principal and interest) of Five hundred and forty-two pounds nineteen shillings and two pence each, payable at the same times as were prescribed by clause three o( the said Agreement for- payment by the SO).lthport Council to the Minister. (b) For the purpose of raising money to make such payments the said Councils should make application to the Home Secretary to define from time to time a "benefited area" or " benefited areas" and shou'd levy a special rate of not less than one penny halfpenny in the pound on the lands from time to time- situated within such benefited area or areas. (c) While any money remained owing by the Southport Council to the Minister the said Councils should as far as practicable-- (i.) Cause the valuation of all lands comprised in the said benefited areas (and not within divisions one, two, and four as then con- stituted of the Town of Southport) (a) To be not less than one hundred pounds, per acre; 10861.

10862 LOCAL AUTHORITIES. Nerang River Bridge and Southport, Etc., Act. 14 GEO. V. No. 9, (b) To be identical for similar classes of land; and (ii) Cause the total rates (per pound) levied in respect of such lands to be identical. (d) The Nerang Council should, until payment of the said sum of Five thousand four hundred and fifty pounds and, interest, pay to the Southport Council all moneys from time to time collected by the Nerang Council in respect of such special rate within the benefited area, notwith~tanding that in any year the amount of such special rate so collected might be in excess of the annual payment prescribed by subclause (a) of this clause: And that this Agreement was entered into by the arties subject to the express stipulation that it should e inoperative and of no effect, and shou~ d not be binding on any of the parties, and should not purport or be construed as purporting or attempting to bind the Southport Council or the Nerang Council to pay any money or to be bound in any manner whatsoever unless and until a specific Act of the Legislature of Queensland should be passed validating this Agreement and rendering it binding on the parties: AND WHEREAS BY' AN AGREEMENT made on the twenty-eighth· day of June, one thousand nine hundred and twenty-three, BETWEEN the SECRETARY FOR PUBLIC LANDS for and on behalf of the Government of Queensland (therein called" the Minister," which expression included his successors in the said office and hi., and their assigns) and THE COUNCIL OF THE TOWN OF SOUTHPORT (therein called" the Council "), it was recited that the Agreement last hereinbefore mentioned was made: And that the road mentioned in the said Agreement, when constructed, would cross a narrow neck of land bounded on one side by the Pacific. Ocean and on the other by the Nerang River, at a distance of approximately one mile from the bridge therein mentioned; and that in consideration of the Minister agreeing to enter into the said Agreement the Council had, prior to the execu- tion by the Minister of the faid Agreement, agreed to enter into this Agreement; it was agreed that in con- sideration of the premises and in pursuance of the said Agreement of the Council so to do the Council covenanted

LOCAL AVTHORITIES. 1923. Nerang River Bridge and SOL~ thport-Burleigh Road Act. and agreed with the Minister that if at any time there- after, by reason of any encroachment of the sea or breaking through of the Nerang River the said road where it crosses the narrow neck of land aforesaid should be destroyed or become impassable as a public road, then and in such case the Council should forthwith when required by the Minister so to do, and at its own cost, construct and complete with all reasonable speed a good and substantial bridge for vehicles and foot passengers, and in all respects to the satisfaction of the Minister over and across the said Nerang River at or adjacent to that part of the said river commonly known as Meyer's Ferry, and that if the Council should, when required by the Ministe' so to do, neglect or fail to construct such bridge in manner aforesaid, or having commenced to construct such bridge should fail to complete the same within a reasonable time, the Minister might construct or complete the construction of such bridge and recover the cost thereof from the Council: And that this Agreement was entered into by the parties subject to the express stipulation that it should be inoperative and of no effect, and should not be binding on either of the parties, and should not purport or be construed as purporting or attempting to bind the Council to pay any money or to be bound in any manner whatsoever unless and until a specific Act of the Legis- lature of Queensland should be passed validating this Agreement and rendering it binding on the parties: AND WHEREAS BY AN AGREEMENT made the twenty- first day of September, one thousand nine hundred and twenty-two, BETWEEN the SECRETARY FOR PUBLIC LANDS for and on behalf of the Government of Queensland (therein called" the Secretary for Public Lands," which expression in the Agreement thereinafter mentioned should include his successors in office and assigns) and RUBY COOPER, of Molendinar, in the State of Queensland,. the wife of Edward James Cooper, of the same place- (thereinafter called" Ruby Cooper," which words in the- said Agreement should include her executors, adminis- trators, and assigns) it was agreed that:- 1. The Secretary for Public Lands on behalf of the- Government of Queensland ratified, confirmed, and adopted a certain Agreement bearing date the ninth day of August, one thousand nine hundred and twenty· two, and made between one JOHN L. CALLAGHAN of the 1086~

10864 LOCAL AUTHORITIES. Nerang River Bridge and Southport, Etc., Act. 14 GEO. V. No. 9, one part, and RUBY COOPER of the other part (a copy of which Agreement is hereunder set out), which said A~eement purported to be made subject to ratification by the Secretary for Public Lands. 2. The said last-mentioned Agreement should be read and construed as if it had been entered into by the parties to this Agreement in place of the parties to the said Agreement respectively. AND WHEREAS the said last-mentioned Agreement was in the terms following, that is to say:- WE RUBY COOPER wife of Edward James Cooper of Molendinar and JOHN L. CALLAGHAN hereby agree as follows subject to ratification by the Secretary for Public Lands:- 1. The Secretary for Public Lands shall have the right to enter upon subdivision A portion 34 parish of Nerang and to open and work a quarry or quarries thereon. 2. Payment shall be made to Ruby Cooper at the rate of six pence per cubic yard for every cubic yard of metal or other material removed from the said land. 3. The Secretary for Public Lands shall have the right of ,erecting maintaining and working on the said land all machinery tramlines wharves buildings and other erections necessary for the working of the quarry. 4. The Secretary for Public Lands shall have the right of sinking and maintaining such wells on the said land as may be necessary to provide water for the quarry and for his employees. 5. Ruby Cooper shall allow the employees of the Secretary for Lands to camp on the said land in such places as may be mutually agreed upon between the parties to the Agreement. 6. The Secretary for Public Lands shall have the right to take and remove from the said land such metal and other material aI!! he may desire subject to payment of the aforesaid sixpence per cubic yard. 7. Payments for metal and material removed shall be made at least once per calendar month. 8. The Secretary for Public Lands shall not cut down or destroy any trees growing upon the said land without the consent of the said Ruby Cooper but such consent shall not be arbitrarily withheld with respect to trees the removal of which is necessary ~ or the working of the quarry. 9. The Secretary for Public Lands shall deposit all quarry offal and surplus material in such places as may be mutually agreed upon. 10. The Secretary for Public Lands shall not allow any of his employees to bring any firearm or intoxicating liquor on to the said land.

LOOAL AUTHORITIES. 1923. N erang River Bridge and Southpol't.B1ll'leigh Road Act. 11 . .The Secretary for Public Lands shall require his employees to take all precautions against causing grass fires on the said land. Should a grass fire occur the said employees shall assist in extinguishing it without cost to the said Ruby Oooper. 12. Any stock, the property of the said Ruby Cooper killed by any action of the Secretary for Public Lands shall be paid for by the Secretary for Lands at a value to be mutually agreed upon. In the event of !;t, dispute the value shall be determined by a third indifferent party to be chosen. by the parties. 13. The Secretary for Public Lands shall supply all metal required by the said Ruby Cooper at cost price provided that the Secretary for Public Lands shall not be bound to supply metal- (a) If the amount required by Ruby Cooper at any time is beyond the capacity of the plant at that particular time; (b) If by reason of his own requirements at any particular time he is unable to supply it. 14. The Secretary for Public Lands shall have absolute 'Ownership at all times of all machinery wharves tramlines buildings and other quarry appurtenances placed on the said land by him and shall have unrestricted right to remove them from the said land at any time he may desire. In the event of removal of such machinery in such quantity as to indicate that the Secretary for Lands does not desire to continue quarrying operations this Agreement shall absolutely cease and determine. 15. The Secretary for Public Lands shall have the right to dispose of his rights under this Agreement and of machinery and quarry appurtenances to the Southport Town Oouncil at any time during the currency of this Agreement. 16. The Secretary for Public Lands shall have the right to dispose of his rights under this Agreement and of machinery and quarry appurtenances to any party other than the Southport Town Council subject to the consent of the said Ruby Cooper but such consent shall not be arbitrarily withheld. 17. This Agreement shall have a term of and be binding on the parties for a term of fifteen years (15 years) from the first day of August 1922. 18. The Secretary for Public Lands shall as soon as possible hereafter cause to be prepared a suitable Agreement in terms hereof for execution by himself and the said Ruby Cooper but should the Secretary for Public Lands not approve of this Agree- ment then this Agreement shall absolutely lapse. 19. It is finally agreed between the parties that in view of the fact that the development of the said land for quarry purposes has largely been due to Herbert Tuesley of Southport all cartage <>f metal and other material from the said land by water carriage <>n the Nerang River shall be entrusted to the said Herbert Tuesley during the currency of this Agreement provided that the charges of the said Herbert Tuesley for such haulage be at all times fair a,nd reasonable provided further that should the said Herbert Tuesley be unable for any considerable period to effect the said cartage the parties shall be at liberty to make other arrangements. 10865

10866 LOCAL AUTHORITIES. Nerang River Bridge and Southport, Etc., Act. 14GEo. V. No. 9,1923. AND WHEREAS it is necessary in the public interest that the Agreements hereinbefore mentioned and each of them should be validated and rendered binding upon the respective parties thereto and each of them, and that the Secretary for Public Lands and the Home Secretary and the said Councils and each of them should be empowered and authorised from time to time to do and perform each and every act and thing necessary for carrying into effect the said Agreements and each of them: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled~ and by the authority of the same, as follows:- Short titk I. This Act may be cited as "The Nerang River Bridge and Smtthport-Burleigh Road Act of 1923." Validation of 2. (1.) The Agreements mentioned in the preamble ~~~eements, to this Act and each of them are and is hereby validated and rendered binding upon each and every the respective parties thereto. (2.) The Council of the Town of Southport and the Council of the Shire of N erang are and each of them is hereby empowered, authorised, and required to do and perform all such acts and things as are necessary for carrying into effect by such Councils and each of them the terms and conditions of the said Agreements and each of them. (3.) The Secretary for Public Lands and the Home Secretary as respectively representing the Crown are and each of them is hereby empowered, authorised, and required to do and perform all such acts and things as are necessary for carrying into effect by them and each of them respectively the terms and conditions of the said Agreements and each of them. (4.) Any benefited area or benefited areas as from time to time defined by the Home Secretary in pursuance of the first hereinbefore-recited Agreement shall be and be deemed to be an area defined under the provisions of section two hundred and thirty-seven of *" The Local Authorities Acts, 1902 to 1922" : Provided,however, that the Home Secretary may from time to time alter the boundaries of any such area by the inclusion therein of other land or the exclusion of land therefrom. '" 2 Edw. VII. No. 19 and Amending Acts, supra, pages 1860 et seg., 5653. 5918, 8304,9571, and 10126. • L

LOCAL AUTHORITIES.-MINING. 14 GEO. V. No. 30, 1923. The Milsom Petroleu.m Agreement, Etc., Act. (5.) Every special rate levied by either the Council of the rrown of Southport or the Council of the Shire of Nerang upon the lands from time to time situated within such area or areas shall be and be deemed to be a separate rate levied under the provisions of *" Tlte Local Authorities Acts, 1902 to 1922," and shall be recoverable accordingly. (6.) Notwithstanding the provjsions of any law to the contrary, the Secretary for Public Lands may sell to the Council of the Town of Southport and such Council may purchase from the ~ecretary for Public Lands the said quarry and all machinery, plant, and appurtenances of the Secretary for Public Lands in connection therewith, and all the right, title, and interest of the Secretary for Public Lands in and to the hereinbefore-recited Agreement of the ninth day of August, one thousand nine hundred and twenty-two, upon such terms and conditions in all respects as are mutually agreed upon, and in particular upon terms that the purchase money will not be payable in cash but will be payable (together with interest thereoD at such rate as is mutually agreed upon) by instalments of such amounts and payable at such times as are mutually agreed upon. 10867 METROPOLITAN WATER SUPPLY AND SEWERAGE. See WATER. MILSOM AGREEMENT. See MINING. MINING. An Act to Ratify an Agreement between the 14 Geo. v. Secretary for Mines and Duncan Charles TH: o~ ~ OM lVIilsom relating to the Grant of Certain ~ ~ ~ ! ~ ~ E~ Licenses to Prospect for Petroleu.m. RATIFICA- TION [ASSENTED TO 12TH NOVEMBER, 1923.] ACT OF 1923. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Milsom Petroleum Short title. Agreement Ratification Act of 1923." " 2 Edw. VII. No. 19 and Amending Acts, supra, pages 1860 et seq., 5653, 5918,8304, 9571, and 101215.