Port Alma Railway Act of 1909 (9 Edw VII No. 17) (Qld)

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.

RAILWAYS. 9517 1909. Port .Alrna Railwa.lj. been negotiating with the Secretary for Rail ways for the ". constAruncdtiwohnetrheearsetohfe: Wharf is the property of IJ is Majesty: .A,nd whereas the construction of the said line of railway would result in the saving of a large recurring expenditure in dredging the Fitzroy River, and would otherwise be of public and local advantllge: And whereas on the ninth day of April, one thousand nine hundrea and eight, an agreement was entered into between the Secretary for Hailways, for and on behalf of the Government, and the Board, for the construction of the said line of Rail'way, a copy of which agreement is set forth in the Schedule to this Act: And whereas iL is desirable that the said agreement should be validatea by an Act of Parliament, mid that the construction of the sa:Id line of Railway in accordance -?iTith the said agreement should be duly authorised, and that provision should be made for certain matters incidental thereto: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Que,'nsland in Parliament assembled, and by the authority of the same, as foll~ ws : - • 1. This,Act may be cited as " The Port Alma Railway Short title. Act of 1909." 2. In this Act, unless the context otherwise indicates, Interpretation the following terms have the meaning set against them respectively, that is to say,- " Board "-'rhe RockhamptonHarbour Board; " Wharf "-'The ,""harf at Port Alma, the property of His Majesty, together with all buildings or other fixtures thereto attached, and all apparatus used in connection therewith, and all approaches and appurtenances thereto; "The HailwalY" -'1'he Branch Line of Railway to be constructed under this Act, and which is intended to commenct' at a p'lint on the main line of Governrp,ent Railway iJetween Rock- hampton and Gladstone distant eight('en miles seventy-three chains from Rockhampton, and to extend by a route sixtef'n miles forty chains or thereabouts in length to the Wharf or to some point adjacent thereto: when the line is constructed, the term shall mean the line of railway so constructed;

9518 RAILWAYS. Port Alrna Railway, 9 Enw. VII. No. 17, "Railway Acts "-" The Railways Acts, 1863 to 1906" ;* "Commissioner "-The Commissioner for Railways duly appointed under the Railway Acts, or other officer or officers charged with his powers or duties; "Principal Act "-" The Harbour Boal'ds Act, 1892 ";t .. " Special Act "-" The Rockhampton Harbour Board Act, 1895."t Validl1tion of 3. (1.) The agreement entered into on the ninth day of agreement. April, one thousand nine hundred and eight, between the [Sohedule.] Secretary f,or Railways, for and on behaJ.f of the Govern- ment, and the Board, for the construction of the Rail- way to the Wharf, and for the maintenance, management, and working of the same, a copy of which agreement is set forth in the Schedule to this Act, is hereby validated, and, notwithstanding anything in the I>rincipal Act or the Special Act, the Board shall be deemed to have had full power and authority to enter into the agreement, and shall have full power and authority to carry out the terms of the agreement, and to apply the funds and revenues of the Board in payment of all sums of money whtch, in pursuance of the agreement and under the provisions of this Act, may from time to time become payable by the Board to the Government. Construction, (2.) Notwithstanding anything in the Principal Act ~ ~thorised. or the Special Act, the construction of the l{ailway, in accordance with plans, sections, and book of reference pre- pared by the Commissioner and approved by Parliament, and the maintenance, management, and working of the Railway, in pursuance of the agreement and subject to this Act, are hereby authorised and approved. Appro. (3.) All sums of money which, in pursuance of the priation. agreement, may from time to timebe.tome payable by the Government, are hereby appropriated for the purpose. Exercise of \ V~ : ; ; . over 4. Notwithstanding anything in section eighty-eight of the Principal Act, upon the transfer of the Wharf to the Board in pursuance of the agreement, all the powers of the Governor in Council, with respect to if< 27 Vic. No. 8, supra, page 2065; 28 Vie. No. 24, supra, page 2096; 36 Vie. No. 21, supra, page 2099; 44 Vie. ~o. 10, supra, page 2104; 52 Vie. No. 8, supra, page 2596; 60 Vie. No. 30, supra, page 6097; and 6.Edw. VII. No. 15, 8uprq" page 9109. t 56 Vie. No. 26, supra, page 4575. :t: 59 Vie. No. 23, supra, page 5742. .'

RAILWAYS. 9519 1909. Port Alma Railway. the Wharf, shall cease; and upon such transfer the Board shall, with respect to the Wharf, have and may exercise all the powers and may do all the things which a Harbour Board has or may do under that Act with respect to wharves within a harbour. 5. Except as in the agreement and in this Act is Railway to be provided, the Railway shall be constructed, maintained, ~ ~ ~ s: ; ~ ~ ~ d managed, and worked under and subject to the Railway Railway Acts. Acts. 6. (1.. ) Subject to the agreement and to this Act, the Liability of Board shall be liable t? ma~ e good to. the Commiss!oner ! ~~ : dg~ Od the amount of any defiClency In the earnmgs of the RaIlway deficiency. in any year after its completion as estimated and declared by the Commissioner in accordance with section six of " The Railways Act of 1906."* (2.) For the purpose of estimating such liability, the Certificates. Commissioner !oIhall make and publish the certificates required by sections five and six of that Act. (3.) The Board shall pay to the Commissioner the Amo.unt of amoun t f :or w h l ' C h I ' I 4 . - 1 , ' . I ' S l l ' a, ble I.n any year; an d a11 sums 0 f bdeefipCaliednctyo to money so pajd by the Board shall be placed by the ~ ommis. Commissioner to the credit of the account of the Railway. SlOner. 7. (1.) The amount of deficiency in any year shall, Deficiency to subject to the rights of the r( 1reasurL~ r or of His Majesty ; ~ a~ : : ~ pon arising upon any loan or advance made to the Board from revenues of Consolidated Revenue under the provisions of the Principal Board. Act or the Special Act, and subject to the rights of any other persons arising upon any loan or advance heretofore made to the Board under those A cts or either of them, be a first charge upon the funds and revenues of the Board. (2.) If in any ycar the· Board neglects or refuses to ComJ.TIis. pay the amount of any defi~ iency, the Commissioner may ~~oc~~ :rmay recover the amount of such deficiency from the Board by amo~ nt, or ac .t" IOn In any cour t 0 f compe t en t ' JurI . S d l ' C t' IOn, or, 1 'f sue h raepcpeoivmert. neglect or refusal continues for thirty days after demand made by the Commissioner, the Commissioner may, at his option, by writing under his hand, appoint a receiver of the funds and revenues of the 130ard.· . (3.) Any such receiver may, without any other autho- Powers of rity than this Act, enter upon and take possession of any receiver. premises used by the Board as offices and any books and papers of the Board, and may proceed to levy, collect, and enforce the payment of dues and any other payments * 6 Edw. VII. No. 15, supra, page 9109.

9520 RAILWAYS. POIt .LJ.lmrl Railway. H EDW. VII:' No. 17, payable to the Board under the })rincipal Act or the Special Act; and for such purposeR shall have and may exercise all such powers as the Board has or may exercise under those Acts with reference to the levy, collection, and payment of dues, and the making of By-laws in connection therewith. Applications (4.) All sums received by such receiver shall be orefcseuivmesd by applied by him, first, in payment of the costs, charges, and receiver. expenses of the collection thereof; ne xt, in payment of any sums then due for principal or interest to the Treasurer, or to the Government, or to any other person under anv such loan as is mentioned in the first sub- section ofthis section, and subject as aforesaid in discharge of the amount of the deficiency then due and payable to the Commissioner, and any balance after such payments are made shall be paid to the :Board. When (5.) When the amount of the deficiency has been rweictehidvrearwt.o fully discharged out of the sums so received by the receiver or otherwise, the powers of the receiver shall, without prejudice to the validity of anything done there- under, cease and be of no further effect, and the receiver shall forthwith withdraw from possession of the offices, books, and paper~ of the Board. When Board 8. 1Vhenever the earnings of the Hailway, as mrelaeyas b e e d. estimated in accordance with the agreement, have for each year during a period of three consecutive years been of such amount that. no such deficiency as aforesaid has arisen, the Commissioner shall by his certificate declare accordingly, and thereupon the Board shall be released from all liability to make good to the Commissioner the amount of any deficiency which may thereafter occur. For the purposes of this section, any surplus of the earnings of the Railway in an'y year shall be carried for- ward to succeeding years towa~ ds making good any such deficiency as aforesaid in any such subsequent year. Cost of 9. The expeuse of building and constructing all ; ?: ; .£ ~ ch€e to;, ppro:lcites to the wharf and lines of rails for working the wharf in conj unction with the Rail wa.I' shall be dt'emed to be part of the actual cost of the construction of the Railway. " The 10. Save as by this Act or by the agreement expressly o t R o fa1 a i9l p w0 p a6 ly y" . s n A ot c . t i H n ' J c O o ti , rpo * r , ashtea ' dll ntohte apl)prolyvistoionths eoRf a " I . l T w h a ' e y , , a R n a d i , tw s a av l . / e 8 a . s A a c f t or o e if - said, the constmctioll of the ltailway shall not impose any liability upon any ratepayer or Local Authority. " 6 Edw. VII. No: 15, ,upra, page 9109. ,.

RAILWAYS. 9521 1909. Port .Alma Railwa.1f. 11. A copy of the Gazette purporting to contain any Evidence certificate of the Oommissioner given for any of the pur- of Gazette. poses of this Act shall be conclusive evidence of all the facts therein stated. THE SOHEDULE. AGREEMENT entered into this ninth day of April 1908 between the Honourable GEORGE KERR Secretary for Railways of the State of Queensland for and on behalf of the Government of the said State (hereinafter called "the Minister") of the one part and THE ROCK- HAMPTON HARBOUIt BOAItD (hereinafter called "the Board") of the other part Whereas the Board has for some time past been desirous of having a line of Railway constructed to connect the Port Alma Wharf (hereinafter called "the Wharf") with some point on the Government Railway between Rockhampton and Gladstone in the said State and with that object has been negotiating with the Minister for the construction thereof And whereas the Wharf i8 the property of His Majesty And whereas the construction of the proposed line of Railway would result in the saving of a large recurring expenditure in dredging the Fitzroy River and would otherwise be of public and local advantage And whereas the parties have agreed to procure the construction of the proposed Railway upon the terms conditions and stipulations hereinafter set f0rth Now this Indenture witnesseth that in consideration of the premises and of the 'respective covenants conditions and stipulations hereinafter contained the said parties do and each of them doth mutually covenant promise and agree with and to the other of them as follows that is to sa1- 1. In this Agreement unless the context otherwise requires the fullowing terms have the meaning set against them respectively that is to 8ay- " Minister"-The said Secretary for Railways or other the Minister of the Orown ch1lrged with the administration of the Rail- ways Acts. "Board"-The Rockhampton Harbour Board. " Oommissioner"-The Oommissioner for Railways duly appointed under the Railway Acts or other officer or officers charged with his powers 01' duties. " Wharf"-The Wharf at Port Alma in the said State the property of His Majesty together with all buildings or other fixtures thereto attached and all apparatus used in connection there- with and all approaches and appurtenances thereto. "Railway "-The line of Railway to be constructed under this Agreement and which is intended to commence at a point on the main line of Government Railway between Rockhampton and Gladstone in the said State distant eighteen miles seventy-three chains from Rockhampton and to extend to a terminal point at the Wharf or at some point adjacent thereto. When the line is constructed the term shall mean the line of railway so constructed. 2. The Railway shall commence at or near the forty-nine and a half mile peg on the main line of Railway between Rockhampton and • Gladstone at a point distant eighteen miles seventy-three chains from Rockhampton and shall proceed thence by a route sixteen miles forty- seven chains or thereabouts in length to the Wharf or to some point adjacent thereto.

9522 RAILWAYS. Port Alma Railway. 9 EDW. VII. No. 17. 3. The Railway shall be com!tructed maintained managed and worked under and subject to the Railway Acts relating to the Govern- ment Railways of the State of Queensland save in so far as the provisions of these ActR are modified varied or negatived by tbiR Agreement. . 4. The Railway when completed or such section of it as may from time to time be approved of for the purpose by the Commissioner shall be opened for public traffic and shall be worked manned and maintained by the Commissioner with his own staff and shall vest in the Commissioner as a Government Railway. 5. The Minister shail without unneces~ ary delay endeavour to obtain the validation of this Agreement by an Act of the Parliament of Queens- land with full and complete statutory power for the construction and working of the Railway and for all things pertaining to an Agreemept covering the conditions hereof and to obtain such amend- ments of "TII6 Harbour Boards Act 1892"* "The Rockhampfon Harbour Hoards Act 18H5"t and" The Railways Act of 1906"t as may be necessary to make the Board a Railway District within the meaning of" The Railways Act of 1906 "t to be benefited by the construction of the Railway. . . 6. The Goverment will upon the validation of this Agreement cause the Wharf to be abRolutely transferred and handed over to the Board exactly as it stands free of all ex pense to the Board and for such purpose will procure a deed of grant to be issued therefor. 7. Upon the conRtruction of tho Railway the Minister will at the expell8e of the Government make build and construct all such approaches from the RaIlway to the Wharf and lay down upon the Wharf all such lines of rails as are in the opinion of the Commissioner necessary for the proper and effectual working of the Wharf in conjunc- tion with the Railway. . H. The Board will acc.ept the Wharf on the terms aforesaid and will from time to time repair the same and will keep the same in good and substantial repair and will from time to time make any alterations or additions to the same which in the opinion of the Board are necessary for the propEr and effectual working of the same. 9. The Board shall have absolute and complete control of the Wharf with full power to appoint its own wharfinger and to regulate and control the berthing of ships at the Wharf. 10. The rates of tolls fares freights and charges for the carriage of goods live stock parcels and passengers to be charged by the Commis. sioner on the Railway shall except as hereinafter mentioned be calculated on a mileage basis in the same manner as the rates charged and chargeable by the Commissioner on other Government Railways. 11. Notwithstanding anything in any Act rule or regulation or in this Agreement to the contrary the rate chargeable by the Commissioner for the carriage of goods from Lake's Creek shall not in any case exceed the maximum rate of ten shillings per ton. 12. Notwithstanding anything in any Act rule or 'l'egulation or in this Agreement to the contrary, the rates of· tolls fares freights and charges for the carriage over the Railway of goods live stock parcels and passengers between the Wharf and Rockhampton may be fixed and settled at such amount or amounts as may by any agreement or agree- ments entered into between the Commissioner and any shipping firm or company concerned from time to time be determined, but no such agreement ~ hal\ be entered into except for a term of not less than five years certam. • 56 Vie. No. 26, supra, page 4575. t 59 Vie. No. 23, supra, page 5742. :t: 6 Edw. VII. No. 15, supra, page 9109.

RAILWAYS. 1909. Port Alma Railway. 13. If at any other time or times the Commissioner is required or requested by the Board or by any person firm of persons or company to run a special train or special trains over the Railway or any portion thereof the Commissioner, may notwithstanding anything in this Agree- ment make the running of such train or trains conditional upon the giving by-the Hoard or by the person firm or company concerned of a gua-rantee sufficient in the opinion of the Commissioner to secure the Commissioner against loss arising from the running of such train or trains. 14. The Board will at all times by all proper means at its disposal 'Elndeavour to influence all persons firms or companies importing or 'Elxporting goods of any kind into or from the port of Rockhampton to make use of the facilities for the carriage of such goods afforded by the Railway in preference to those afforded by any system of lighterage <>1' other system of water borne carriage. 15. For the purpose of estimating the earnings of the Railway and the liability of the Board to contribute to any deficiency arising within the meaning of" The Railways Act qf 1906"* but for that purpose only it is mutually agreed between the parties that the division and. apportion- ment of receipts as between the Railway and the other Government Railways over which any traffic of whatever kind is carried shall be arrived at and ascertained- . Ca) In the case of any traffic carried in either direction between Port Alma and Rockhampton by adding seven miles to the actual mileage of the Railway (b) In the case of traffic carried in either direction between Port Alma and any station West of Rockhampton by adding ten miles to the actual mileage of the Railway. 16. Nothing in this Agreement shall prevent the Government from at any time constrllcting and thereafter maintaining any line of railway or tramway in continuation of the Railway or any collateral branch railway or tramway communicating or connecting with the Railway. 17. Nothing in this Agreement shall give the Board any claim to compensation in the event of the Commissioner being at any time authorised by Parliament to construct any line of railway or tramway the construction of which may be deemed to injuriously affect the Railway. Signed by the said Honourable} . George Kerr the Secretary for GEORGE KERR. Railways in the presence of J. F. THALLON, Commissioner. The Common Seal of the Rockhampton"') ROBT. S. ARCHER, r Harbour Board was hereto affixed I by order of the Harbour Board, Chairman. dated the fifteenth day of April, I H. WILLIAMS, 1908, in the presence of J A member of the Board. .A. ARCH. MAWDSLEY, Clerk to the Board. 9523 * 6 Edw. VII. No. 15, Bupra, page 9109.