Queen Cross Reef Gold Mining Company's Railway Act of 1903 (3 Edw VII No. 8) (Qld)

8648 RAILWAYS. Queen Cross Reef Gold Mining Oompan.y's, Etc., A.ct. 3 EDw.VII. No. 8, If after such notice such owner does not forthwith proceed to construct such works or adopt such means for the purposes aforesaid, ·the Commissioner may himself cause the requirements of such notice to be complied with, and may recover all expenses incurred from such owner by action in any court of competent jurisdiction. (5.) In this section the term "owner" includes the lessee or occupier for the time being of the mine in question. 3E~:: ilL An Act to Authorise the Queen Cross Reef Gold 6: ~ s~ ¥ t: ~ Mining Company, Limited, to Construct and Gg~ : ; ; ~ ~ : G Maintain a Branch Line of Railway connecting ACT OF 1903. with the Northern Railway. [ASSENTED TO 13TH NOVEMBER, 1903.J Preamble. [Schedule. ] ~-XTHEREAS the Queen Cross Reef Gold Mining l'l Company, Limited, being a Company incorporated under" The Oompanies Acts, 1863 to 1890,"'" is desirous of constructing and maintaining a Branch Ltne of Railway to be connectp-d with the Northern Railway: And whereas it is expedient for the purpose of better enabling the said Company to carry on its mining operations that it should be empowered to construct and maintain such Branch Railway according to a route delineated in the Schedule to th.is Act: And whereas the proposed Branch Railway will pass along or across certain roads within the Shire of Queenton and being under the jurisdiction and control of the Council of the said Shire: And whereas the said Council has approved of the construction and maintenance of such Branch Rail way along or across the said roads under the conditions and stipulations hereinafter set forth: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, aLd by the authority of the same, as follows : - Short title. 1. This Act may be cited as " The Queen Oross Reef Gold Mining Oompany's Railway Act of 1903." "'27 Vic. No. 4, 'upra, page 144, and Amending Acts. c

• RAILWAYS. 3649 1903. Queen 01'088 Reif OoZd Mining Cornpan.'!'8, Etc., Act. 2. In this Act, unless the context otherwise indicates, Interpreta' the following terms have the meanings set against them Lion. respectively, that is to say:- "The Commissioner"-The Queensland Railway Commissioner; "The Company"-The Queen Cross Reef Gold Mining Company, Limited, and its lawful assigns and successors in interest; " The Branch Line"-The Branch Line of Railway authorised by this Act to be constructed; "Northern Railway"-The line of railway from 'l'ownsville westwards; " Local Authority"-The Council of the Shire of Queenton or other the Local Authority having the jurisdiction over and control of the roads along or across which the Branch Line is constructed and maintained. 3. Subject to this Act, the Company may and shall Power to with all convenient spepd construct in a substantial cbonstrhucl~ manner a B rane h L m · e 0 f R al '1 way f rom a po . mt on t h e ranc me. Northern Railway near the 82-!-mile peg to a point within the area held under Gold Mining Lease Number 1857, in length sixty-five chains fifty-nine links or thereabouts, according to the route delineated in the Schedule to this [Schedule.] Act, and in accordance with plans, sections, and a book of reference to be deposited in the office of the Commissioner at Brisbane and approved by him by writing under his hand. 4. The Company shall be entitled to acquire, at Oro,,:n lands a price to be agreed upon between the Secretary for Rail- rrae9Il-wularye. d for ways and the Company, an easement upon all Crown lands required for the purposes of the Branch Line: Provided that if the Secretary for Railways and the Company are unable to agree upon such price, the same shall be determined by arbitration in accordance with the provisions of the" Interdict Act of 1867."* 5. Easements upon all lands other than Crown lands As to other which are required for the purposes of the Branch Line lands. shall and may be acquired from the owners of such lands by the Commissioner for and on behalf of the Company, reserving nevertheless to the owners such rights to the minerals in or under the said lands as the owners possess Qr are entitled to at the time of acquiring such easements, "" 31 Vie. No. 11, supra, page 994.

• 8650 RAILWAYS. Queen Cross Reef Gold Minin.f! Company's, Etc., Act. 3 EDW. VII. No. 8, with power to work, mine, and take away minerals, subject~ however, to this Act, and so as not to damage the Branch Line or interfere with the stabilitv thereof. The Oommissioner shall and~ ma~ v, for the purposes of acquiring such easements, exercise all the powers and privileges conferred on him by the laws in force for the time being relating to the resumption of lands for railway purposes; and all proceedings shall and may be taken for the purposes of acquiring such easements and of assessing the compensation to be paid for the same in the same manner and to the same extent as if the Branch Line were a public line of railway duly approved by Parliament: Provided that all the compensation payable in respect of such easements, togf'ther with all expenses incurred in connection with acquiring the same, shall be provided and paid by the Oompany, and upon such payment the ease- ments acquired shall be conveyed to and vested in the Oompany: Provided further that if at any time the Oompany, after being requested by the Oommissioner so to do, fails to provide and pay any such compensation or expenses as aforesaid, the Company shall, by way of penalty, forfeit to the Oommissioner the sum of five hundred pounds, to be recovered by complaint hefore any two justices of the peace. Provisions as 6. (l.) Subject to this Act, the Company may con- to roads. struct the Branch Line upon, along, across, over, or under' [Schedule.] the roads indicated in the Schedule to this Ar.t, according to the route therein delineated, and in accordance with the plans and sections to be deposited and approved as aforesaid, and may thereafter keep, maintain, work, and use the Branch Line, and in so doing shall not be liable· in any action or other pf'Oceeding for or in respect of any alleged obstruction of any such road. (2..) The Oompany shall not alter the level of any such road, except in so far as may be required, in the opinion of the Oommi&sioner or an engineer of his Department for the purpose of the proper construction of the Branch Line and the works and operations connected therewith. If any alteration in any of such levels is so made, the Oompany shall properly grade the several parts of the road affected to the reasonable satisfaction of the Local Authority. (3.) Where the 13ranch Line crosses the intersection of two or more roads, the parts of the roads occupied by

RAILWAYS. 8651 1903. Queen OrOS8 Reef Gold Mining Oompany's, Eta., Aat. and included between the lines of rail. and so much of such road El as extends six feet beyond the rails of and on each side of the Branch Line, shaH at all times be main- tained in good condition and repair by the· Company at its own expense with such materials and in such manner as the Local Authority directs. (4.) In all other cases the Company shall, at its own expense, at all times maintain in good condition and reIlair, with such materials and in such manner as the Local Authority directs, so much of every road on which the Branch Line is laid as lies between the railg thereof, and so much of such road as extends eighteen inches beyond the' rails of and on each side of the Branch Line. • (5.) To ensure public safety and convenience, the Company shall, at such places as the Local Authority. considers necessary and requires, fix and maintain rail- guards of timber or other material approved by the Local Authority between. the lines of rail. (6.) If by reason of the construction of the Branch Line or any incidental works or operations the access to and from any premises abuttin~ on the route of the Branch Line is prevented or materially obstructed or affected, the Company shall provide 'or ensure such reason- able means of aCC(lSS to and from such premises as the Local Authority requires. (7.) If at any time any dispute or difference ari~ es between the Company and the Local Authority with respect to any of the matters in this section mentioned, such dispute or difference shall be determined by arbitra- tion in accordance with the provisions of the " Interdict Act of 18H7."* 7. Subject to the laws in force for the time beingpowersfor relating to the construction, maintenance, and manage- construction. ment of railways, the Company in respect of the Branch Line shall have and may exercise the same powers and privileges, and shall be liable to the same duties and obligations, as are tmder the aforesaid laws exercised by and imposed upon the Commissioner in regard to any of the under-mentioned matters and things, that is to say- The preparation of p]ans, sections, and books of reference; The carrying out of works required for the use and. benefit of owners and occupiers of lands adjoin- ing the Branch Line. • 31 Vie. No. '11, 8upra, page 994. ..

8652 RAILWAYS. QUf'tJn Cross Reef Gold Mining Oompany's Etc., Act. 3 Enw. VII. No. 8, ~ Accommoda- tion works. 8. The Company shall make, and ~ t an times there.. after maintain, the following works for the accommodation of the owners or occupiers of lands adjoining- the Branch Line, that is to say- . '- Such and so many convenient gates, bridges, arches, culverts, and passages over, under, or by the sides of, or leading to or from, the Branch Line as are necessary for the purpose of making good any interruptions caused by the Branch Line to the use of the lands through which it is made; Also, if the owner or occupit::r of any. adjoining land so requires, a good and sufficient fence separating the Branch Line from such land, with all necessary gates and stiles; Also, all necessary arches, tunnels, culverts, drains, . or other passages over, under, and alongside of the Branch Line, of such dimensions as will convey tbe water from the lands lying along or affected by the Branch Line as freely as before the construction of the Branch Line, or as nearly so as possible. All such works shall be made during the construction of the Branch Line. . If any difference arises respecting the kind or number, dimensions or sufficiency, of :mch works, or respecting the maintaining thereof, the same shall be determined by the Commissioner, and his determination shall be final and conclusive. PUblic:itraftic. 9. 'l'he Branch Line shall at all times, when not in ....... actual me by the Company, be open to the Commissioner and to the public for the passage of locomotives, wagons, and other vehicles, upon payment of such tolls and dues as the Company may from time to time prescribe: Provided that if the. Branch Line is damaged by the negligence of the Commissioner or any person using the same, the Company shall be entitled to compensation for such damage to be recovered in any court of competent jurisdiction: Provided also that nothing in th~ s Act shall prevent the Company from agreeing with the Commissioner to work the Branch Line in connection with the ~ orthern Railway, and to use thereon such locomotive engines, carriages, and wagons, the property of the Government, as may be necessary :

RAILWAYS. 8653 1903. Queen Cross Reef Gold Mining Co rrtpan.1I' s, Etc., Act. Provided also if at any time such tolls or dues are in the opinion of the Commissioner excessive, the Governor in Council may revise and reduce them at discretion. 10. The Company may, subject to such terms and Carriag~ of regulations as the Governor in Council may from time to ;~a:~; th~ ~n time prescribe, require the Commissioner to carry 'the Railway. quartz or other material and wagons of the Company .over any portion of the Northern Railway. 11. '1'he Company shall carry upon the Branch Line, Carr~ age o~ f ree 0 f' ch,arge and WI 'th reasonable d I ' S pateh, a11 sueh pubhc serVIce. persons and mails as the Commissioner from time to time requires to be conveyed on the public service. 12. The Company and the Commissioner, and every Motive power, person for the time being authorised to use the Branch &c. Line, may use and employ thereon locomotive engines propelled by steam or other motive power, and carriages and wagons to be drawn and propelled thereby. 13. The Company shall, if required, at the expense Connections. Df any person requiring to use the Branch Line, make openings in the rails, and such additional lines of rail as . may be necessary for effectuating connection with the Branch Line in places where such connection can be made , without injury to the Branch Line, and without incon- venience to the traffic thereon : Provided that there shall be paid by the person requiring such connection to 'be made so much of the cost of constructing that portion of the Branch Line which lies between the point of connection and the Northern Rail- way as may be agreed on between the parties, or, if no agreement is arrived at, as may be determined by the Commissioner, whose decision shall be final and binding o:p. both parties : Provided further that any difference which arises, between the Company and such personas to the place where or the manner in which the connection is to be made shall be referred to and determined by the Com- missioner, whose d~ cision shall be final and binding upon both parties. 14. (1.) If the owner of any mine or minerals lying M~ nes under under the Branch Line is desirous of working the same, raIlway. he shall give to the Commissioner notice in writing of his

865 RAILWAYS. Queen Cross ReifGold Mi'llin.q Compan,!/s, Etc" Act. 3 EDW, VII. No. 8, intention so to do, and upon receipt of such notice the Commissioner may cause such mine to be inspected by some person appointed by him for the purpose. No such owner shall commence to work any such mine or minerals until he has proved to the reasonable 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 Branch Line or interfere with the stability thereof. (2.) For ascertaining whether any such mine is being worked or has been worked by the owner thereof so as to damage the Branch Line or interfere with the stability thereof, the Commissioner may, after giving twenty-four hours' notice, in writing, to such owner by his officers or agents, enter upon any lands through or near which the Branch Line passes wherein any such mine is being worked or is supposed so to be, and enter jnto and return from any such mine or the works connected therewith, and for that purpose may make use of any apparatus or machinery belonging to such owner, arid use all necessary means for discovering the facts of the case. (3.) If any such owner refuses to allow any person appointed by the Commissioner for that purpose to enter into and inspect any such mine or works in manner aforesaid, he shall for every such refusal forfeit to the Commissioner a sum of twenty pounds, to be recovered by complaint before any two justices of the peace. (,j,.) If it appears that any such mine has been worked~ or is being worked, so as 10 damage the Branch Line or interfere with the stability thereof, the Commissioner may ~ if he thinks fit, give notice to the owner of the mine to construct such works, :md to adopt such means as are~ in the opinion of the Commissioner, necessary for making safe the Branch Line and preventing injury thereto. If after such notice such owner does not forthwith proceed to construct such works or adopt such means for the purpo!'!es aforesaid, the Commissioner may himself cause the requirements of such notice to be complied with, and may recover all expenses incurred from such owner by action in any court of competent jurisdiction. (5.) In this section the term" owner" includes the lessee or occupier for the time being of the mine in question. b PG y uortvcheheransmeent. Com 1 m 5 is . s ( i 1 on .) erUshpaolnl tbhyeacocemrptilfeitciaotne odfetchlaereBrthanecahctLuianlectohset of construction of the same. In certifying to such cost

RAILWAYS. 1903. Queen Cross Repj Gold Minin.'1 Company's, Etc., Act. the Commissioner shall include therein such payments as are properly 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 Company shall furnish to the Commissioner a proper statement of account, accompanied by all vonehers showing all payments made by it in respect of the construction of the Branch Line. Such account and vouchers shall be deposjted in the office of the Commissioner, and be retained by him. (2.) The ~ ecretary for Railways, on behalf of the Government, may at any time after the expiration of forty years after the completion of the Rranch Line, by notice in writing, require the Company to sell, and thereupon the Corn pany shall sell, to the Government the Branch Line 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 in accordance with the provisions of the "Interdict Act of 1867."* But the value of the Branch Line 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 certificate of the Com- missioner, hereinbefore provided for, shall be conclusive evidence. . (3.) When a sale in pUI'!'mance of this section is made to the Government, the Branch Line shall vest in the Commissioner 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. " 31 Vie. No. 11, 8upra, page 994. 8655 •