Quarry Railway Extension Act 1928 (WA)

1928.] Quarry Railway Extension. [No. 21.

QUARRY RAILWAY EXTENSION.

19° GEO. V No. XXI.

No. 21 of 1928.

AN ACT to authorise the construction of a Railway to extend the Fremantle Harbour Works Quarry Railway to North Fremantle Location 79, and for other purposes incidental thereto.

[Assented to 21st December, 1928.]

BE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

Council and Legislative Assembly of Western Australia, in

this present Parliament assembled, and by the authority

of the same as follows :—

1.    This Act may be cited as the Quarry Railway Short title.

Extension Act, 1928.

2. The construction by the Minister for Works of a Au tli ttottOt t " c"ut stilt& railttoy.

railway, as an extension of the Fremantle Harbour Works, Rocky Bay-Rous Head Additional Line (con- structed under the authority of the Act 63 Victorim No. 51, and commonly known as the Fremantle Harbour Works Quarry Railway), from a point on the said line about two chains west of Palmerston Street to the north- west boundary of North Fremantle Location 79, as described in the First Schedule to this Act, on the land and across the roads as delineated on the plan in the Second Schedule, is hereby authorised.

3.    (1) A lease of the land delineated on the plan in Power to Tema.

the Second Schedule to this Act and coloured green, and of the said railway constructed thereon, and across the

No. 21.] Quarry Railway Extension. [1928.

roads as delineated on the said plan, as authorised by this Act, may be granted by the Crown to the Colonial Sugar Refining Company, Limited, and its assigns, for a pre- mium equal to the cost of construction of the said railway, to be ascertained and certified by the Minister for Works, for a term of ninety-nine years, at an annual rent to be thereby fixed (not being less than twenty pounds per annum) and subject to such covenants by the lessee and conditions (including the power of resumption by the Crown, subject to compensation to the lessee) as may by such lease be prescribed.

(2) It shall be lawful for the lessee, under and subject to the provisions of the said lease and during the con- tinuance thereof, to maintain and work the said railway on the demised land and across the roads delineated in the said plan in the Second Schedule hereto, for all the purposes of and incidental to the said lease, and to use locomotive engines consuming any kind of fuel, and to draw and propel thereby or otherwise wagons, carriages, and other vehicles on the said railway and any portion thereof as constructed on the demised land and across the said roads.

(3) It shall be provided by the lease that the lessee shall, if required by the Minister so to do, grant to any person or company, or to any Government department, the right to construct sidings or to use the said railway by locomotives and rolling stock on terms and conditions to be mutually agreed upon or determined by arbitration.

FIRST SCHEDULE.

Description of Line of Railway.

Commencing at a point about two chains west of Palmerston Street on the Fre- mantle Harbour Works Quarry Railway, and proceeding generally in a north-easterly direction for about 11 chains, thence in a south-easterly direction for about 27 chains, thence in an easterly direction for about 4 chains and terminating at the north-western boundary of Location 79 and as more particularly delineated and coloured red on the map marked P.W.D., WA., 25830 deposited pursuant to the Public Works Act 1902.

Total length about 48 chains.

3928.] Quarry Railway Extension. [No. 21.

SECOND SCHEDULE.

(Plan.)