Port Norman, Normanton, and Cloncurry Railway Act of 1901 (1 Edw VII No. 16) (Qld)

8196 RAILWAYS. Port Norman, Normanton, 4'0" Railway Act. 1 EDW. VII. No. 16, RAILWAYS. 1 Edw. VII. An Act to Authorise the Construction and Maintenance T: ~' ; : ~ T of a Line of Railway from Port Norman, by way of NORMAN, Normanton, to Cloncurry, and for other purposes. NORMANTON, AND [ASSENTED '1'0 24TH DECEMBI<~ R, 1901.J CLONOURRY RAILWAY WHEREAS the ~ ormanton-Cloncurry Railway and AOT OF 1901. Copper Mines, Limited, a Company duly incor- Preamble. porated in Great Britain under the Companies Acts, and registered in Queensland under "The British Oompanies Act of 1886,"* is desirous of constructing, maintaining, and working aline of railway from Port Norman to Normanton, and thence from Normanton aforesaid to Cloncurry, with all necessary buildings, works, and appliances requisite for the same, and of constructing, maintaining, and working branch lines of tramway in connection with such line of railway, and generally of transacting the business of rail- way carriers: And whereas the said Company is also desirous of constructing, erecting, carrying on, utilising, and turning to account in connection with the said lines of railway and tramway certain mines, stores, warehouses, labourers' dwellings, freezing, smelting, crushing, and other works and wharves and wharfage accommodation: And whereas such lines of railway and tramway would open up large areas of Crown lands for pastoral, mining, and other purposes, and such lines of railway and tramway and other works above referred to and hereafter in this Act specified would be otherwise of public and local advalltage: And whereas it is expedient that the said Company should be authorised to construct, maintain, and work such lines of railway and tramway and other works, and in consider- ation of its so constructing, maintaining, and working the ~ ame, should receive grants of leases of Orown lands for mining purposes as hereinafter in this Act set forth, and should be granted the powers, authorities, and privileges, by this Act conferred upon it: And whereas the said Oom- pany has placed the sum of ten thousand pounds on fixed deposit at interest in the name of the Commissioner for Railways in the Government Savings Bank at Brisbane, and has delivered to the said Oommissioner the deposit receipt for such sum to the intent that such moneys may be held by the said Commissioner as security in accordance with the provisions hereinafter mentioned; Be it there- fore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council * 50 Vie. No. 31, supra, page 198.

RAILWAYS. 8197 1901. Port Norman, Normanton, Itc., Rail-way Act. and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. 'fhis Act may be cited as "The P01't Norman, Short title. Normanton, and Oloneurry Railway .Act of 1901." 2. In this Act, unless the context otherwise requires,I?-terpreta' the following terms have the meanings set against them tlon. :respectively, that is to say:- " Railway Acts"-The laws in force for the time Railway A.ctll. being relating to the construction, mainte- nance, and management of railways; " Minister "-The Secretary for Railways or other Minister. Minister of the Crown charged with the ad- ministration of the Railway Acts; "Commissioner" -The Commissioner for Railwavs Commis- duly appointed under the Railway Acts, or other sioner. officer or officers charged with his powers and duties; "Company"-'l'he Normanton-Cloncurry Railway Company. and Copper Mines, Limited, its assigns or suc- cessors in interest; " The Railway' '-'fbe line of railway and all lands, The railway. buildings, and works authorised by this Act to be constructed, acquired, and used for the pur- poses of the line of railway; '" The Tramway,,-rfhe lines of tramway and all The tramway. lands, buildings, and works authorised by this Act to be constructed, acquired, and used for the purposes of the lines of tramway; ." Subsidiary Works"-The stores, warehouses, Subsidiary labourers' dwellings, freezing, smelting, crush- work" ing, and other works and wharves, and wharfage accommodation authorised by this Act to be con- structed, acquired, and used by the Company; '" The Mineral Lands"-'l'he mineral lands, leases The mineral whereof are to be granted to the Company under lands, the provisions of this Act; ~ . Crown Lands"-All lands vested in His Majesty Crown lands. which are not for the time being subject to any deed of grant, lease, promise, contract, or engagement made by or on behalf of His Majesty, and all lands comprised in any pastoral lease which are by law subject for the time being to reservation, selection, or alienation; 4, Prescribed "-Prescribed by this Act or Regula- Prescribed. tions made thereunder.

8198 RAILWAYS. Port Norman, Normanton, tfc., Railway Act. 1 EDW. VII. No. 16, Power to Oonstruct Railway. Po~ el' t?l 3. Subject to the provisions of this Act, the Company ma. e ral way. may and shall, within five years from the date of the passing of this Act, construct, and thereafter may and shall main- tain, a line of railway two hundred and sixty miles or thereabouts, in length, commencing at Port Norman and thence proceeding by way of Normanton to CIoncurry by Schedule. a route delineated in the Schedule to this Act, in accord- ance' with plans, sections, and book of reference, to be deposited in the office of the Commi~sioner, at Brisbane, and to be approved as hereinafter provided: Provided that the Commissioner may from time to time, with the approval of the Governor in Council, authorise the Company in constructing the railway to make such alterations and deviations of the route so delineated in such Schedule as are considered expedient; such alterations and deviations not to exceed five miles on either side of the line shown on the plan and sections deposited. If, although the Company has not before the expira- tion of five years from the date of the passing of this Act received the certificate of tile Commissioner as herein- after provided that the railway is completed and ready for public traffic, the Commissioner nevertheless grants a progress certificate that at the least one hundred and fifty miles in length of the railway are completed and ready for public traffic, then the Company shall be entitled to an extension of the period herein limited for the completion of the railway for the period of one year. If the Company has not before the expiration of such five years received such progrm;s certificate, or if it has not, before the expiration of the period so extended, received the certificate of the Commissioner that the rail- way is completed and ready for public traffic, the Minister may impose upon the Company a penalty of three hundred pounds for every week which elapses until the said railway is so completed and ready for public traffic: Provided that if such penalty remains unpaid for three months after due notice has been given by the Commissioner to pay the same, thon the Governor in Council may, by Order in· Council published in the Gazette, declare- (i.) That each and every lease of the mineral lands theretofore granted to the Company, under the provisions of this Act, and then subsisting, is forfeited to His Majesty; (ii.) That the railway is forfeited to His Majesty.

1901. RAILWAYS. .Port Norman, Norm~ nton, grc., Railway Act. 8199 4. (1.) Subject to tIle provisions of this Act, the Com- Power to pany may construct and thereafter maintain and work: : ~~ ay. tramways connecting with the railway and proceeding thence to mineral lands the property of the Company at the date of the paRsing of this Act, the situation of which lands is approximately shown in the Schedule to this Act, by the route or routes delineated in such Schedule, in Schedule. accordance with plans, sections, and books of reference, to be deposited in the office of the Commissioner, at Brisbane, and to be approved as hereinafter provided: Provided that the Commissioner may from time to time, with the approval of the Governor in Council,. authorise the Company in constructing any such tramway to make such alterations and deviations of the route so' delineated in such Schedule as are considered expedient;, such alterations and deviations not to exceed two miles on either side of the line shown on the plans and .sections deposited. (2.) Subject to the provisions of this Act, the Company may, from time to time, with the approval of the Governor' in Council, signified by Order inUouncil published in the Gazette, construct in accordance with plans, sections, and books of reference, to be deposited and approved as afore- said, and may thereafter maintain and work tramways connecting with the railway and proceeding thence to any mineral lands, leases whereof have been granted to the Company under the provisions of this Act, or have been otherwise acquired by the Oompany : Provided that no tramway constructed under the pro- visions of this subsection shall exceed twenty-five miles in length from the main line of railway. (3.) Provided further that so soon as the Governor in Council has approved of the construction of any such tram- way, the same shall be deemed to be a part of the railway, and shall be constructed, in all respects in accordance with the provisions of this A.ct. (4.) And except when otherwise·stated all the suc- . ceeding provisions of this Act relating to the railway shall he read and construed so as to extend and apply to any tramway or part thereof constructed or proposed to be constructed under 'che provisions of this Act. 5. (1.) The Company shall from time to time when Plans, required by the Commissioner deposit in the office of the sections, &e., IW'y Oommissioner, at Brisbane, the plans and sections of the 4~ : : sited and sho~ ing the line and levels thereof, and also all approved.

8200 RAILWAYS. Port Borman, Normanton, 9"c., Railwa!fAct. 1 EDW. VII. No. 16, Money 1ieposit. working plans, sections, specifications, drawings, and condi- tions of contract for the construction of the railway, and also books of reference containing the names of the owners and occupiers of the lands required or which may be taken under the powers conferred by this Act. Such plans, sections, specifications, drawings, condi- tions of contract, and books of reference shall from time to time be submitted by the Oommissioner to the Governor in Oouncil for his approval, and such approval may be signified, in writing, to the Oompany by the Commissioner. (2.) The Oompany shall be entitled to interest at the rate from time to time paid to private depositors in the Government Savings Bank on the sum of ten thousand pounds deposited by it as hereinbefore mentioned so long as the said sum remains in the said bank in accordance with the provisions of this Act. Immediately on the completion to the satisfaction of the Commissioner of one hundred miles of the said railway, the Commissioner shall repay to the Company the said sum of ten thousand pounds, and transfer or deliver the said deposit receipt to t,he Company, and shall do all acts reasonably required to enable the Company to obtain payment of the said sum of ten thousand pounds: Provided that if the Company shall not complete one hundred miles of the railway with due diligence to the satisfaction of the Commissioner, or if the Company shall not complete the railway before the expiration of the period by this Act limited or before the expiration of such extended period as is by this Act authorised, then the said sum of ten thousand pounds shall be liable to be absolutely forfeited to His Majesty, and may be dealt with as the Governor in Council may direct by Order in Council published in the Gazette. Material, gauge, &c. 6. (1.) The railway shall be constructed of sound material and upon the gauge upon which the Government railways are at present constructed, and shall in regard to strength and durability be equal to such railways. The rails for the railway shall be of steel, and shall be similar in section to the rails in use by the Commissioner, and of the weight of' not less than forty-one and one- quarter pounds to the yard. LTnless the Commissioner otherwise prescribes or approves, no grade upon the railway shall be steeper than one foot in fifty feet, and no curve thereon shall have a less radius than eight chains. '.

RAILWAYS. 8201 1901. Port Norman, Normanton, ~ ( ) . , Railway Aot. (2.) The tramway shall be construoted of sound material and upon a gauge of not less than two .feet or upon such other gauge as the Commissioner prescribes or approves. The rails shall be of steel, and of the weight of not less than thirty-five pounds to the yard, or of such other weight as the Commissioner prescribes or approves. Unless the Commissioner otherwise prescribes or approves, no grade upon the tramway shall be steeper than one foot in fifty feet, and no curve thereon shall have a less radius than five chains. 7. (1.) No person who not being of European descent Cer~inlabour has not first obtained in the prescribed manner a certificate restncted. that he is able to read and write from dictation words in the English language shall be employed by the Company in or about the construction, maintenance, or management of the railway, or subsidiary works referred to in this Act, . or in or about any of the mineral lands, under a penalty of one pound for each such person for every day during which such person is employed. (2. I The Commissioner may from time to time for the purposes of this Act make Regulations for the examination and granting to persons not of European descent certificates of ability to read and write from dictation words in the English language. All such Regulations shall be subject to the approval of the Governor in Council, and when so approved shall be published in the Gazette: and from and after such publication shaH have the force of law and be ot the same effect as jf they had formed part of this Act. 8. All labour employed on construction of the railway Rate of wages. shall be paid at the current rates of wages ruling in the district during- time of construction. 9. (1.) Before the railway or any section thereof is Certificates. deemed to be completed and ready for public traffic it shall be inspected by a competent engineer actiIlg under the authority of the Commissioner, and the Commissioner shall certify to the Company that it has been proved to his satisfaction that the railway or such section thereof has been constructed wholly in accordance with the provisions of this Act, and is safe and fit for public traffic. . (2.) The Commissioner shall also by the same or another certificate declare the actual cost of construction of the railway. In certifying to such cost the Commis- sioner shall include therein such payments as are properly

8202 RAILWAYS. Port Norman, Normanton, 9"c., Railway Act. 1 EDW. VII. No. 16, included by him in ascertaining the actual cost of the construction of a line of railway authorised by Parliament. For the purpose of ascertaining such cost the Oompany shall, every six months, furnish to the Oommissioner a proper statement of account, accompanied by all vouchers showing all payments made by it in respect of the con- struction of the railway or such section thereof. Such account and vouchers shall be deposited in the office of the Commissioner, and be retained by him. (3.) The Oommissioner shall, if required by the Com- pany so to do, cause the railway or such section thereof to be inspected for the purpose of ascertaining whether the Company is entitled to receive any progress or other certifi- cate hereinbefore referred to, and if it is so entitled shall grant such certificate to it. (4.) The Oommissioner shall in manner provided by this section by a separate certificate declare the actual cost of construction of the line of railwav from Port Norman . to Normanton or to its junction with the Normanton- Croydon Railway, as the case may be, and for so doing the Company shall afford to the Commissioner the facilities hereinbefore mentioned. (5.) All costs of all such inspections for the purposes of this section shall be borne by the Company. Company may take Crown lands required for railway. 10. (1.) Th~ Company shall be entitled to take, use, and occupy all Crown lands required for the railway. (2.) As soon as the railway is completed and certified to be safe and fit for public traffic, the Company shall be entitled to deeds of grant in fee-simple of all Crown lands. taken, used, and occupied by it for the railway, reserving t nevertheless, to the Orown the minerals under all such lands other than lands (if any) included in any lease or leases to the Company under the provisions of this Act. Saving of (3.) Nothing herein contained shall authorise the ilannCdosrvne· sted purchase by the Company of any land vested in or- missioner. occupied by the Oommissioner : But the Oommissioner, on such terms and conditions as he thinks fit, may lease to the Company or grant to it a license to use and occupy any such land required for the railway. Mode in 11. All lands, other than Crown lands, which are ~ t~: t~: na required for the purposes of the railway shall and may be Crown land is resumed by the Oommissioner from the owners thereof to be resumed. or the persons having any interest therein.

RAILWAYS. 1901. Port Norman, Normanton, g-o., Railway Act. The Commissioner may and shall for the purposes of such resumption exercise all the powers and privileges conferred on him by the Railway Acts, and all proceedings shall and may be taken for the purpose of effecting such resumption, and of assessing the compensation to be paid for the lands so resumed, in the same manner and to the same extent as if the railway were a public line of railway duly approved by Parliament. All the purchase money and compensation payable in respect of lands so resumed, together with all expenses incurred in connection with the resumption thereof, shall be provided and paid by the Company, and upon such payment the lands resumed shall be conveyed to and vested in the Company, reserving to the Crown the minerals under the same: Provided that if the Company, after being requested by the Commissioner so to do, fails to provide and pay any such purchase money, compensation, or expenses as afore- said, the Company shall, by way of penalty, forfeit to the Commissioner the sum of two hundred pounds, to be recovered by complaint before any two justices. 8203 12. The lands to be taken or used for the railway Areaofla.nds under the last but one preceding section shaH not exceed to be taken. one hundred and twenty links in width except where a greater width is necessary for- (i.) Affording an approach to the railway; or (ii.) Affording room for rolling-stock to turn, remain, or pass; or (iii.) Raising embankments for crossing valleys or low grounds; or (iv.) Cutting through high ground; or (v.) Erecting fixed or permanent machinery, stations, 01' other structures or buildings; or (vi.) Excavating, removing, or depositing earth or other materials; or (vii.) Any other purpose connected with the con- struction or working of the railway. 13. The Company shall make, and at all times there- Works for after maintain, such and so many of the following works o b w en n e e f r it s. of for the accommodation of the owners and occupiers of

8204 RAILWAYS. Port Norman, Normantol1, 4'c., Railway Act. 1 EDW. VII. No. 16, lands adjoining the railway as the Commissioner considers necessary, that is to say,- (i.) Gates, bridges, arches, culverts, and passages over, under, or by the sides of or leading to or from the railway for making good any inter- ruptions to the use of the lands through which • it is ·made; (ii.) A good and sufficient fence separating the rail- way from the adjoining lands, with gates and stiles: provided that the Company shall not be bound to fence the said railway on either side except in such parts and for such distances a~ having regard to settlement the Commis- sioner considers requisite in the interest of public safety and accordingly prescribes; (iii.) Arches, tunnels, culverts, or other passages over, under, and alongside of the railway, of such dimensions as to convey the water as clearly as before the construction of the railway from the lands adjacent to or affected by the same, or as nearly so as may be. All such works shall be made during the construction of the railway, but if any additional works are found after the construction of the railway to he necessary, such additional works may be made from time to time, subject to the approval of the Commissioner. Mines under Railway. Ownerof mine 14. (1.) If the owner, lessee, or occupier of any mine ~ dlerthte or minerals lying under the railway is desirous of working sraaItiswfyay 0 the same, he sha 11 gI ' ve to the Commi.ssI.Oner no t" Ice In Commissi?nerwriting of his intention so to do, and upon receipt of such tthheatmwinoerk w In i g ll notI.ce the CommI" SSIoner may cause such mm. e t 0 be nO.t endanger inspected. raIlway. . No such owner, lessee, or occupI.er sha 11 work any such mine or minerals unless he has proved to the satis- faction of the Commissioner that the working of such mine or minerals in the manner proposed by him is not likely to damage the railway or interfere with the stability thereof. Commissioner (2.) For ascertaining whether any such mine is or has ~ay e~t: ~and been or is likely to be worked so as to damage the railway 0; ~ : ! ' : i~ g or interfere with the stability thereof, the Commissioner mine. may, at any time, enter upon any lands through or near which the railway passes, and enter into and return from

RAILWAYS. 8205 1901. Port Norman, Normanton, q-c., Railway Act. any such mine or the works connected therewith, and use any apparatus or machinery used or apparently used in connection with such mine, and adopt all means of investi- gation which he considers expedient. (3.) Anyone who prevents or obstructs the Oommis- Penalty. sioner or his officers in the exercise of the powers herein conferred shall for every such offence forfeit to the Oom- missioner a sum of twenty pounds, to be recovered by complaint before any two justices. (4.) If it appears that any such mine has been or iA Commissi~ mer being or is likely to be worked so as to damage the railway : : rn: e£ ou~ : or interfere with the stability thereof, the Oommissioner adopted for may order the owner, lessee, or occupier thereof to construct ~~ : :ff!;.f such works and to adopt such means as are in the opinion of the Oommissioner necessary for making safe the railway and preventing injury thereto, and if such order or any part thereof is not forthwith complied with the Oommis- sioner may himself comply therewith, and recover the expense of so doing from such ~ wner, lessee, or occupier by action in any court of competent jurisdiction: Provided that this section shall not apply to the owner, lessee, or occupier of any mine occupied and working prior to and at the time of construction of this railway. Working of the Railway. 15. 'rhe Oompany shall have, and may from time to Exercise of time exercise, in respect of the construction, maintenance, f~ : ~ ! i~ ~ : ; r working, and management of the railway, all the powers ActI!. and authorities which the Oommissioner may exercise under the Railway Acts with respect to any of the matters following, that is to say- (1) The preparation of plans, sections and books of reference; (2) In and for the ~ onstruction and maintenance of the railway, the entry on any lands and the taking temporary possession thereof for the purpose of making any survey, or of taking any earth or soil therefrom or depositing soil thereon or obtaining any materials thereon or therefrom, or forming roads thereon ; (3) The carrying out of accommodation works required for the use and benefit of owners and occupiers of lands adjoining the railway; (4) The making of by-laws and regulations.

" 8206 RAILWAYS. Port Norman, Normanton, 4'c., Railwa.'1f Act. 1 EDW. VII. 1'\ o. 16, Maximum 'rates. Minimum rates. Speed. All such powers and authorities shall be exercised by the Company in the same manner in which the Commis- sioner exercises them under the Railway Acts. But the Company may itself from time to time fix by hy-laws the tolls, fares, rates, and charges for the carriage 'Of goods, live stock, parcels, and passengers: Provided that until the expiration of ten years next after the completion of the main line of railwa.y such tolls, fares, rates, or charges shall not at any time or in any case exceed one and one-half times the amount payable in respect of such goods, live stock, parcels, or passengers under by-laws of the Commissioner in force at the date of the passing of this Act; and during the next and each succeeding period of ten years shall not at any time or in any case exceed one and one-half times the average amount which was payable during the period of ten years last preceding the period of ten years in question in respect of such goods, live stock, parcels, or passengers respectively under by-laws of the Commissioner from time to time in force during such last preceding period of ten years with respect to the Government railways of the Northern District of Queensland: Provided further that in estimating such average the several amounts of such tolls, fares, rates, and charges, and also the several periods of time during which the same respectively remained in force, shall be taken into con- sideration : Provided further that for the purpose of enabling such average to be truly estimated the Company shall not be bound to make any alteration in its tolls, fares, rates, or charges then in force until the expiration of three months after the commencement of each period of ten years respectively: . Provided further that, unless the Commissioner other- wise approves, such tolls, fares, rates, or charges shall not at any time or in any case be less than the amount payable in respect of such goods, live stock, parcels, and passengers under by-laws of the Commissioner in force for the time being. The Company shall prescribe all such regulations, and make and publish all such by-laws with regard to the speed at which rolling-stock may be moved or propelled upon the railway as the Commissioner from time to time directs; no such regulation or by-law shall be made, altered, or rescinded by the Company without the consent of the Commissioner.

RAILWAYS. 8207 1901. Port Norman, Nornzanton, q-c., Railway Act. All by-laws and regulations duly made by the Com- Evidence. pany under the provisions of this Act, when published in the Gazette, shall have the force of law. The production of the Gazette purporting to contain a copy of any such by-laws or regulations shall be received in all proceedings as sufficient prinul facie evidence of the ,due making and approval thereof. If on demand any person fails to pay any toll, fare, In default of rate, or charge due to· the Company in respect of the r:J; U: ~ !d~ f carriage, storage, or delivery of any goods, parcels, or live &c., :may b~ stock, the Company may detain and sell all or any part Of~ ~{ d~ned and such goods, parcels, or live stock, or, if the same has or have been removed from the railway premises, detain and sell any other goods, parcels, or live stock, upon such premises belonging to the person so failing to pay such toll, fare, rate, or charge, and out of the moneys arising from such sale may retain the amount due to it, and all -charges and expenses of such detention and sale, rendering the overplus, if any, of the moneys arising from such sale, .and such of the goods, parcels, or live stock as remain unsold, to the person entitled thereto; or the Company may recover any such toll, fare, rate, or charge by action .at law. ' Every person who does any act on or with respect to Offences. the railway, or connected with the construction, main- tenance, working, or management thereof, or the business ,or propert,v of the Company which, if done on or with respect to any railway vested in the Commissionnr, or con- nected with the construction, maintenance, working, or management of such railway, or the business or property .of the Commissioner, would be an offence punishable under the Railway Acts, shall be liable to be apprehended, detained, proceeded against, and punished for such offence in the manner and to the extent (including damages, if any) provided by the Railway Acts. The provisions of the Railway Acts with respect to Notices. the publication and maintenance of lists and notices of all tolls and charges, and of all by-laws, regulations, and particulars of offences shall apply to the Company in the same manlier and to the same extent as if the railway were a railway vested in the Commissioner. • The averment in any information or complaint that the provisions of the Railway Acts with respect. to the pUblication and maintenance of any such lists, notices,

8208 RAILWAYS. Pm·t Norman, Normanion, ~ c. , Railu:ayAct. 1 EDW. VII. No. 16, by-laws, regulations, or particulars of offences have been complied with shall be sufficient evidence of such com- pliance until the contrary is shown. Junction of 16. If the Company makes a junction of the railway rNaoilrwmaayntwonit-h wit.h the Normanton-Croydon Railway, then from and Croydon after the time when such junction is made the Company Rruanilnwinayg, and may run over, work, and use any portion of the N orman ton- powers. Croydon Railway between the point of junction and Normanton, but from and after the time when any portion of the Normanton-Croydon Railway is first used for public traffic by the Company, the Company shall in respect of all traffic carried by the Company pay to the Commis- sioner the same rates w ~ ich are charged to the public by the Company, or such other rates as may be mutually agreed upon between the Commissioner and the Company: Provided that the entire cost of erecting, construct- ing, maintaining, and working the junction station shall be borne and defrayed by the Company: Provided also that the Commissioner shall continue to have and exercise full and exclusive control over aU traffic carried on the portion of the N ormanton-Croydon Railway so used by the Company. Commissioner 17. (1.) If, at any time after the completion of the rtoun t n a i v n e g railway, the Commissioner desires to forward or convey powers_ any trains, rolling-stock, goods, live stock, parcels, or passenger traffic along or over the railway or any portion thereof, from or to any Government railway or tramway which forms a continuous line of communication with the railway or any portion thereof, the Company shall afford all reasonable facilities for enabling the Commissioner to receive, forward, convey, and deliver such trains, rolling- stock, goods, live stock, parcels, and passenger traffic with- out any unreasonable delay. Terms may be The terms upon which any of the facilities mentioned ~ ~ ~ i~ ~ ! t~ ! n. herein shall be afforded may be mutually agreed upon between the Company and the Commissioner; but if such terms cannot be so agreed upon, or if any dispute or difference arises with respect thereto, the same shall be settled by arbitration in accordance with the provisions of the" Interdict Act of 1867" :* Provided that, if the Commissioner exercises the running powers aforesaid with respect to the portion of the railway between Port Norman and Normanton, hi * 31 Vie. No. 11, supra, page 994.

I 1901. I RAILWAYS. I Port Norman, Norrnanton, 9'( , ! ~ , Rail'way Act. 8209 shall, in respect of all traffic so carried, pay to the Company the same rates as are charged by. him with respect to traffic on the Normanton-Croydon ltailway. (2.) If at any time the Commissioner desires to con- Conveyance vey a1ong or over the ral· lway or ~ ny port·Ion thereo f any of materials. materials for the construction ()r maintenance of any Government railway or tramway forming a continuous line of commun~ cat~ on with the railway Ior any portion thereof, or any prOjectIOn thereof, the Company shall afford every facility to enable the Commissioner tp convey such materials by means of or with his own rolling-stock, at a charge not exceeding one halfpenny per ton pet mDe. (3.) If the Company refuses orlneglects to afford such Pemt~ t~ for facilities as are in this section mentioned, it shall be liable f: C~ l~ ~ ~ ~ ~ g due to pay to the Commissioner the sp-m of fifty pounds, as and by way of liquidated damages, for every day during which it is guilty of such refusal or Ineglect. 18. Where in or about the railway, or any of the Accidents to works or b UI ·ld· lngs connec t ed WI ·tl- u . lI sue1 1 · ra1l way, or any tboe Creopmomrteisd. building or place, whether open or enclosed, in connection sioner. with such railway, any of the fo]lowing accidents take place in the course of working, thatl is to say,- (1) Any accident attended with loss of life or personal injury to any p~ rson whomsoever; (2) Any collision when one of the trains is a passenger train; (3) Any passenger train, or ~ ny part of a passenger train, accidentally leaving the rails; (4) Any accident of a kind I not comprised in the foregoing descriptions, l)ut which is of such a kind as to have caused, or to be likely to cause, loss of life or personal injury, and which may be specified in that behalf by any order to be made from time to time ~ y the Commissioner; the Company working such railway shall send notice of such accident and of the loss of lif~ or personal injury, if any, to the Commissioner, and such ~ otice shall be sent by the earliest practicable post after the accident takes place. Failure to comply with the provisions of this section shall render the Company liable for each offence to a penalty not exceeding twenty pounds. I 19. The Commissioner and the Company may at any Compa~ ymay ti~ e mu.tually agree that the Commi~ sioner shall work the o~r~ ~7s~! ! ~; raIlway III connection with any existing or future railway to. work the or tramway, and use thereon any rolling-stock the property railway.

8210 RAILWAYS. Port Barman, Norlllanton, &c., Railway Act. 1 EDW. VII. No. 16, of the Oommissioner; and thereupon subject to such agree- ment the Oommissioner shall have the same control over the railway as if it were vested in him. Company 20. If the railway is damaged by the negligence of entitled to. the Oommissioner, the Company shall be entitled to eom- i e f omrapilewnsaaytlOn pensat·IOn . ~ Lor sueh damage, and I.n est·lmat·mg the damage damaged. the Company shall be entitled not only to compensation for the cost of repairing and restoring the railway, but to any damages sustained by reason of the suspension or interruption of traffic on the railway. CommiS8i. o~ er 21. Any person acting under the authority of the Oom- ~ a~ protlblt missioner shall, at all times during the construction of the l[:e i~ : n: a~ e. railway and after its completion, be allowed to inspect the railway without let or hindrance, and, on his report that the railway or any portion thereof is unsafe, the Oommis- sioner may by order prohibit the continuance of public traffic thereupon until tbe Oommissioner is satisfied that the railway is safe and fit for public traffic; and if the Oompany in any way disobeys such order, it shall be liable to forfeit to the Oommissioner a sum not exceeding one hundred pounds for every day during which such dis- obedience continues, such sum to be recovered by complaint before any two justices. Power to use 22. The Company may use and employ on the railway, steam. locomotive engines propelled by steam, or other motive power approved of by the Commissioner, and rolling-stock to be drawn and propelled thereby. Line to be epen. 23. (1.) The Oompany shall at all reasonable times, until purchased by the Government under the provisions of this Act, maintain and keep the railway fit and ready for public traffic. . The Oompany shall, unless for any just reason excused by the Oommissioner, in every week, until such purchase as aforesaid, run at the least two trains each way through- out the length of the railway with sufficient accommodation to provide for the general requirements of the public traffic; and if in any week it fails or neglects so to do without the permission of the Oommissioner, it shall forfeit to him by way of penalty a sum of fifty pounds, to be recovered by complaint before any two justices. (2.) Every person, without distinction, who complies with the regulations and by-laws of the Oompany for the time being in force for the railway shall be entitled to use the railway at all reasonable times. •

RAILWAYS. 8211 1901. Port Norman, Normanton, 4·c., Railway Act. (3.) The Company shall not make or give any undue or Oompany unreasonable pre f erence or adv·an t a,ge t 0 or I . n f· avour 0 f pnaorttitaolsithyowto any particular person or class of persons or any particular to a~ y persoll. description of traffic, or subject any particular person or ~ : af~ : d of class of persons or any particular description of traffic to any undue or unreasonable disadvantage in any respect whatsoever. The provisions of this subsection may be enforced by the Supreme Court upon the application of any person aggrieved, by the issue of an injunction or other process according to the practice of the said Court. 24. Nothing in this Act shall be construed to charge Oomp,,:ny not or make liable the Company further or in any other case a to g b re e a h te a r ble te than where, according to the laws of Queensland, stage extent than coacb proprietors and common carriers would be liable, or ~ ~ ~ : ~ s~ to deprive the Company of any protection or privilege which stage coach proprietors or common carriers may be entitled to; but, on the contrary, the Company shall at all times be entitled to the benefit of every such protection and privilege. ::i:.t 25. The area of land occupied by the railway shall What land not be taken to be rateable land within the meaning of from "The Valuation and R.-tiing Act of 1890,"* or any Act amending or in substitution for the same. But this pro- vision shall not be taken to exempt the Company from liability to pay any rates which may by law be or become payable in respect of any mineral lands or any lands used or granted for the subsidiary works referred to in this Act. Leases, #rc. 26. The Company may from time to time before the Leases, &c. expiration of five years from the date of the passing of this Act, select, at a distance of not more th:m thirty miles from the main railway line, or any line of tramway the route whereof is delineated in the First Schedule to this Act, aI'eas of Crown lands, open for lease under .any Act relating to mining or to the leasing of Crown lands. But the total area that may be so selected shall not exceed five thousand acres. The Company shall be entitled to grants from His Majesty of leases of'the lands so selected and surveyed, for a period of fifty years commencing at the date of the passin g of this Act. '*' 54 Vie. No. 24, supra, page 4020.

8212 RAILWAYS. Port Norman, Normanton, 9'c., Railway Act. 1 Enw. VII. No. 16, Such leases shall not be subject to any of the pro- visions of" The Mining Aet 0f18B8"* or any Act amending or in substitution for that Act relating to the performance of labour covenants, hut, save as by this section is other- wise provided, such leases shall be subject to all the other provisions of that Act or any Act amending or in substitu- tion for that Act, so that the provisions of the law in force for the time being relating to mineral leases generally shall, save as by this Act is provided, apply to the mineral leases granted under this Act. No royalty or sum of money other than the rent reserved shall be paid in respect of such lands, and the Company shall be entitled to dig for, win, take, and acquire in and from the same all minerals, metals, ores, and earths, including silver but not including gold, except as provided by section thirty-five of "The Mining Act of 1898,"* and such royalty shall be payable by the lessee. Every lease of such lands shall reserve an annual- rent of one pound for every acre comprised therein. In addition to the Crown lands taken, used, and occupied by the Company for the railway, the Company may at any time before the expiration of five years from the date of the passing of this Act select and shall be entitled to grants in fee-simple of sites along and con- tiguous to the route of the railway for subsidiary works used for mining or railway purposes: Provided that all lands so selected and granted shall be Crown lands not classed as mineral lands, that the total area of such lands shall not exceed ten thousand acres, and that the sites selected by the Company shall be subject to the approval of the Governor in Council. Subject to the like approval, the Company shall also be entitled to take, use, and occupy, and to have granted to it in fee-simple a suitable and sufficient site, not exceeding ten acres in area, at the terminus of the railway, at Port Norman, and not exceed- ing a frontage of eight hundred feet to the River Norman, for wharfage and storage accommodation. If at any time the owner of any wharf desires to connect any railway from his wharf with the railway of the Company, the Company shall, if required, at the expense of such owner, make openings in its railway and such additional lines of rail as may be necessary for effecting such connection in places where the Commissioner may direct. "" 62 Vie. No. 24, 8upra, page 6609.

1901. RAILWAYS. Port Normlitn, Normanton, 9'c., Railway Act. 8213 Various Powers of the Company. 27. ,\Vith the consent of the Governor in Council, Power to let. the Company may, from time to time, let the railway or any part thereof or the equipment thereof, and any tolls, fares, rates, and charges authorised by this Act. During the period of such letting the person to whom the same are let shall, so far as the letting extends, have the same rights, powprs, and privileges, and be subject to the same duties, obligations. and penalties, as the Company has and is subject to under the provisions of this Act. 28. To secure the payment of any money borrowed Power to by the Oompany for the purposes of the railway or of the mortgage. mineral lands, or vf the subsidiary works, and interest thereon, the Oompany may, in accordance with and subject to the terms of its constitution, from time to time, issue debentui'es or give and execute mortgages or other charges or securities of or over the railway or any part thereof or the equipment thereof, or any tolls, fares, rates, and charges authorised by this Act or of or over any of the mineral lands. Such debentures or securities may be in such form and contain such provisions as the Company considers expedient. Rights of the Government Preserved. 29. The Company shall carry upon the railway and Comllany tramways free of charge and with reasonable despatch carrYl~fic all such persons and mails as the Oommissioner from time ~ ; r~ i:' . to time requires to be conveyed on the public service, and shall allow to all members of the several Parliaments of Australasia the same privileges of travelling over the rail- way and tramways free as are enjoyed by such members on railways vested in the Oommissioner. All telegraph and telephone communication estab- lished by the Company may be used for the transmission of messages on the public service free of charge, and, when required, all such messages shall have priority. 30. (1.) 'rhe Minister, on behalf of the Government, Government mra1a '1 ywaayt f raonmy 1> . toimrte N acfrtmeranth t 0 e N coomrmpalenttioonn oor fto t . Ihtse J . ulinnc . etIOonf tmhaeyrapiulwrcahT . a.se with the Normanton-Ol'oydon Railway, as the case may be, by notice in writing, require the Company to sell, and thereupon the Oompany shall sell to the Government such

8214 RAILWAYS. Port Barman, Norman/on, q-c., .Railway Act. 1 EDW. VII. :Ko. 16, line of railway exclusive of rolling-stock, upon the terms of payment by the Government to the Company of the actual cost of the construction thereof, of which cost the certificate of the Commissioner hereinbefore provided for shall be conclusive evidence: Provided that if such purchase is made, the Company may thereafter run over~ work, and use such line of railway upon the terms that :- (i.) The Company shall, in respect of all traffic carried on the line by the Company, pay to the Commissioner the same rates which are charged to the public hy the Company or such other rates as may be mutually agreed upon between the Commissioner and the Company; and (ii.) The Commissioner shall continue to have and exercise full and exclusive control over all traffic carried on such line. (2.) The Minister, on behalf of the Government, may at any time af er the expiration of fifty years after the completion of the railway, by notice in writing, require the Company to sell, and thereupon the Company shall sell, to the Government the railway, or so much thereof as remains unpurchased by the Government, and rolling-stock, upon. the terms of payment by the Government to the Company of the then value thereof, such value in case of difference to be ascertained by arbitration according to the provisions of the" Interdict Act of 1867."* But the value of the railway for the purposes of this subsection shall not under any circumstances be taken to be more than the actual cost of construction, of which cost the certificates of the Commissioner, hereinbefore provided for, shall be con- clusive evidence. (3.) Whenever any sale in pursuance of this section is· made to the Government the railway shall vest in the Com- missioner as fully and effectually to all intents and purposes as if the same had been transferred and conveyed to him by the Company, but nevertheless the Commissioner may, if he thinks fit, demand a transfer or conveyance thereof, and the Company shall thereupon execute the same. Government 31. Nothing in this Act shall prevent the Government Cm w ol i l t my h pcaonnyn' esct firnogmanayt lainnye otifmraeilwcoanysotrructrtainmgwaanydinthceornetainftueartimoaninotfatihne-· railway. railway, . or any collateral branch railway or tramway communicating or connecting with the railway. 11< 31 Vie. No. 11, supra, page 994.

RAILWAYS. 8215 1901. Port No'rman., Normanton, 9"1J., Railway Act. The Company shall in such case, if required, at the expense of the Commissioner, make openings in the railway, and such additional lines of rail as may be necessary for effecting such connection, in places where the Oommis- sioner may direct. 32. Nothing in this Act shall give the Oompany any No claim t~ cbleam.img atot caonmypteimnseataiounthoinristhede ebvyenPtarolifamtheentOotomcmoinsssitorunecrt gc?imvepenbnsRyAtelOt. n any line of railway or tramway, the construction of which may be deemed to injuriously affect the railway. SOUTH BRISBANE MUNICIPAL LOAN. See LOCAL GOVERNMENT. K