Railless Traction Act of 1914 (5 Geo v No. 28) (Qld)

RAILWAYS AND TRAMWAYS. 63(31 5 GEO. V. No. 28, 1914. Railless Traction Act. 5 Geo. V. No. 28. ' I' H~ An Act to Authorise the Provision and Working TRRAAICLLTEIOSNS upon Roads of Trolley Vehicles moved by ACT OF 1914. Electrical Power transmitted thereto from some external source for the Conveyance of Passengers and other Public Traffic. [ASSENTED TO 23RD DECEMBER, 1914.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as " The Railless Traction Short title and Act of 1914." It shall come into operation on the first ~ : f~ fA~ t. day of January, one thousand nine hundred and fifteen. 2. In this Act, unless the context otherwise indicates, I.nterpreta. the following terms have the meanings set against them hOD. l'espectively, that is to say,- " Company"-A joint stock company duly incor- Company. porated and registered in Queensland under "The Companies Acts, 1863 to 1913,"* or " The British Companies Act of 1886,"t or any Act amending or in substitution for those Acts or any of them: the term includes the assigns or successors in interest of any such company; "Constructing Authority"--A Local Authority, Constr)1cting J om. t Loca I Authorl. ty, or company t 0 wh l ' C h authOrIt . y ' a subsisting Order in Council has been granted under and for the purposes of this Act: where necessary, the term includes any such corporation being an applicant for such an Order; " District "-The Area or Areas of a Local District. Authority or Local Authorities, or any defined part of such Area or Areas, or the Area of a Joint Local Authority, within the limits of which an Order in Council made under the authority of this Act extends; -- -------- ---- - - - -- - - - - ~ - - *27 Vie. No. 4 and amending Acts, supra, pages 186 et seq. tOO Vie. No. 31, 8upra, page 277.

63(;2 RAILWAYS AND THAMWAYS. Raillt. ~ s Trnrt';on Act. 5 GEO. Y. No. 28, }'al'e. .J "jnt Local Authority. Local Allthority~ Local Authorities Acts. Minister. ~ I"tor omnibu·. Open to inspection. Prescribed. Ratepayer. Regulatiolls. Road. "Fare"-The rate, toll, or charge made for the carriage or conveyance of traffic by means of the undertaking ; "Joint Local Authority"-A Joint Local Authority duly constituted under the Local Authorities' Acts for the purposes of this Act ; "Local Authority"-A Local Authority duly con- stituted under the Local Authorities Acts; " Local Authorities Acts "-" The Local Authorities Acts, 1902 to 1913,"* and any Act amending . or in substitution for the same; "Minister"-The Secretary for Public Works or other Minister of the Crown for the time being charged with the administration of this Act; "Motor Omnibus"-Any carriage moved by mechanical power, including in that expression steam, electrical, and every other motive power (not being animal power) ; " Open to Inspection"-Used in reference to books, documents, and writings belonging to or relating to the business of a constructing authority-open to inspection or for the making of any copy or extract at the office of the constructing authority, at all reason- able times during office hours, by any rate- payer of the district or creditor of the con- structing authority, or any person acting on behalf of such ratepayer or creditor, vvithout payment of any fee; " Prescribed "-Prescribed by or in pursuance of this Act; "Ratepayer"-Any person who is named in the rate-book of the Area of a Local Authority affected as an occupier or owner of rateable land; "Regulations"-Regulations made under the authority of this Act; " Road "-A street, road, or highway dedicated to the public, including a bridge or culvert upon a street, road, or highway; * 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et seq., 5653, and 5918.

li)14. RAILWAYS AND T'RAMWAYS. Railless Traction Act. 6363 "Routes"-The routes along which the COn-Routes. structing authority is, pursuant to this .Act, for the time being, authorised to run trolley vehicles and maintain and work the under- taking; H This Act" includes this Act and any regulation, Tbis Act. Order in Council, order, or notice made or given thereunder; "Trolley Equipment" includes all posts, poles, Tro~ ley standards, brackets, cables, conductors, tubes, eqUipment. mains, transformers, feeders, wire&, and all other necessary or convenient apparatus and equipment for the purpose of working and ligh~ ing trolley vehicles and the trolley vehicle serVIce; "Trolley Vehicle"-A mechanically propelled ' rru~ ley vehicle adapted for use upon roads, and moved vehIcle. by electrical power transmitted thereto from some external source: the term includes omnibuses, .engines, cars, wagons, trams, and all other similar vehicles; . "Undertaking"-The undertaking by this Act Undertaking. authorised. 3. (1.) Subject to this Act, a Local Authority or Power to Joint Local Authority or company may, upon obtaining r: ~i! ~e, &c., an Order in Council under this Act, construct, maintain, vehicles. provide, work, and run a trolley vehicle service in, upon, over, under, and through any road or other place with all proper trolley equipment and works, buildings, structures, sidings, junctions,stations, approaches, and conveniences connected therewith, and may provide and supply elec- trical energy by means of the proper apparatus and equipment whether within or outside the district-all of which are in this Act referred to as an " undertaking." (2.) The trolley vehicle routes shall be specified in the Routes. Order in Council. (3.) The provisions set forth in Part I. of the Schedule [Scb. Part I.J to this Act shall govern applications for and the making of Orders in Council under this Act, and shall be observed. 4. A Joint Local Authority may be constituted C( )ns~itution under the Local Authorities .Acts for the purpose of rt! th~ r\ : ; ' ~ clIl exercising and performing any of the powers, authorities, duties, and obligations conferred and imposed by this Act . \

6364 RAILWAYS AND TRAMWAYS. Railless Traction Act. 5 GEO. V. No. 28, upon a constructing authority, and for that purpose the provisions of Part XVII. of the said Acts, and all other provisions of the said Acts ancillary thereto, shall be applicable so far as the same can be applied. - r & Peo c s . wumerpstioofn, the c 5 o . nsSturubcjeticntgtaoutahnodritfyormtahye frpoumrptoismese toof titmhies taAkcet, , purchase, erect, rent, contract for the use of, or otherwise provide, either within the district or' at a reasonable distance therefrom, land, buildings, structures, and all other things to be used for or in connection with the undertaking: Provided that the constructing authority shaJl not exercise any of the powers hereby conferred beyond the district without the previoU$ consent of the Minister. The powers conferred by this section shall be exercised by the constructing authority under and subject to "The P'Uhlic Works Land Resumption Act 0/ 1906."· Ancillary 6. For the purposes of this Act the constructing powers. authority shall have all the powers and authorities and shall be subject to all the duties and obligations set forth [Sch. Part n.] in the second part of the Schedule to this Act; and the said provisions shall be binding on the constructing authority and all other persons concerned, and shall be observed. Provision for 7. The constructing authority shall prov ide and public traffic. run trolley vehicles and such other vehicles as are authorised to run in connection with the undertaking in sufficient numbers for the accommodation of the public from the hour of seven o'clock in the morning until ten o'clock in the evening of every day except Sunday. Fares. 8. The constructing authority may demand and take in respect of passengers and other traffic conveyed by means of the undertaking, including every expense incidental to such conveyance, fares not exceeding the maximum fares prescribed for the different classes of traffic respectively. Whenever, in the opinion of the Minister, the running of trolley vehicles along any trolley route during certain hours of the day would be of manifest advantage. to numbers of the labouring classes, he may by an order require the constructing authority to run a proper and sufficient service of trolley vehicles for artisans, mechanics, * 6 Edw. VU. No. 14. supra, page 3608.

RAILWAYS A~ D THAMWAYS. 6365 BB. RailleS8 Traction Act. • and daily labourers along such routes, upon such days, and at such hours as may be most convenient for such persons going to and returning from their work, and as are specified in the said order, and at such reduced fares as are also so specified ; and every such order shall be obeyed by the constructing authority. The constructing authority shall be liable to a penalty not exceeding five pounds for the first day and ten pounds per day for each succeeding day during which it fails to comply with an order under this section. 9. Trolley vehicles shall not be deemed to be or Tro~ ley constitute extraordinary traffic within the meaning of b: hd~ ~ ~ : t to any by-law made by a Local Authority under the Local heavy traffic, Authorities Acts, and shall not be deemed to be motor &c. cars or motor vehicles or exceptional traffic within the meaning of "The. Traffic Acts, 1905 to 1910,"* or any regulations made thereunder. 10. Where a tramway is constructed or worked by Powers of.Act a Local Authority or Joint Local Authority under or " , ~ cumulatlve. pursuant to the powers conferred upon it by any other Act, all the powers given by this Act shall be deemed to be in addition to and not in derogation of any other powers conferred upon it by any such other Act, and the Local Authority or Joint Local Authority may exercise any such powers in the same manner as if this Act had not been passed. 11. Where the constructing authority is not a Local Contributions Authority or Joint Local Authority, the constructing; ~ : il~ r~ : king. authority shall in each year pay to the Local Authority having control of the roads which constitute the routes or any of them, towards the cost of the maintenance of such roads, a sum to be prescribed by regulation and being not less than three eighth parts of a penny per car mile run by such trolley vehicles upon such routes during each year: Provided that nothing in this section shall apply to trolley vehicles run by the constructing authority at cheap fares for the labouring classes. The constructing authority shall· keep daily records for the purposes of this section, showing in proper detail the routes traversed and the number of journeys and the mileage run by each trolley vehicle on the said routes, and shall furnish statements of such routes, journeys, and mileage quarterly to each Local Authority concerned, * 5 Edw. VII. No. 18 and 1 Geo. V. No. 19, supra, pages 3487 et sc'].

636G RAILWAYS A~ D THAMWAYS. . Rnillrss Trart ion Act . 5 GEO. V. No. 28, and shall allow any person duly authorised by any such Local Authority in that behalf to inspect and take copies of all such records and any accounts kept by the construct- ing authority relating to the running of all such trolley vehicles. Notwithstanding the Local Authorities Acts, all such payments shall be made as and in lieu of rates due and payable by the constructing authority to the Local Authority in respect of the undertaking or so much thereof as lies within the Area concerned. Pur1chaske.of 12. Where the constructing authority is not the buuyc L , o r c t ~ a l lug Loca1 Aut hor' lty or Jo' mt LocaI Authorl'ty hav' mg the ! l~ } ~ i~ ~ tLcal control of the roads which constitute the routes, the Authority. following provisions shall apply :- (1.) If, within six months after the expiration of the period of twenty-five years from the original grant of an Order in Council to the constructing authority under this Act or within six months after the expiration of every subsequent period of three years, the Local Authority aforesaid, or, if the undertaking extends- beyond the Area of one Local Authority, then a Joint Local Authority constituted for the purpose, serves notice on the constructing authority requiring the constructing authority to sell to it the undertaking in accordance with this section, then the constructing authority shall sell the undertaking to such Local Authority or Joint Local Authority, as the case may be. (2.) The total price to be paid to the constructing -authority shall be an amount equal to the capital cost of construction of the works (including all trolley equip- ment, trolley vehicles, plant, buildings, machinery, and appurtenances) after making due allowance for deprecia- tion, but without any allowance for goodwill, right of future use, or compulsory purchase, or of Emy profits which mayor might have been or be made from the undertaking or any simillu considerations; and in the case of difference between the constructing authority and the Local Authority or Joint Local Authority, as the case may be, with respect to the amount to be so paid, the difference shall be determined by arbitration, and for that purpOSB the" Interdict Act of 1867'" shall be applicable. (3.) Notwithstanding anything herein contained, a Local Authority or Joint Local Authority may at any * 31 Vi!'. No. 11, supra, page 2387.

HAILWAYS AND TIL-\J\l:WAYS. 6367 D14. Raillcss Tract'ion Act. time acquire from a company which is a constructing ·authority its undertaking for such consideration and upon such terms and conditions as may be mutually agreed on. (4.) When the undertaking has been sold under this Act, all the rights, powers, authorities, duties, and obligations of the constructing authority in respect of the undertaking shall, subject to this Act, be transferred to, vested in, and imposed upon, and may be exercised by and be attached to, the Local Authority or Joint Local Authority, as the case may be, to which the same has been sold, and in reference to the same it shall be deemed to be the constructing authority. 13 . No Order in Council issued in pursuance of this Duration of Act to a constructing authority shall be for a term Order. exceeding twenty-six years. const 1 r 4 uc . t mN· ogthaiuntgh O in' f! ttyhisanAyctrsI. ghhatll obre cc1aoI. nmstrtuoedcotompgeivnesaa- nGcooomtvbpeoernnumsnadetent.ot tion in the event of the Commissioner for Railways of Queensland, or any other person acting for or on behalf of the Government of Queensland, being at any time hereafter authorised to construct any line of railway or tramway, or to carry on or work any omnibus or other service, the construction, carrying on, or working of which may injuriously affect the undertaking of the constructing authority. 15. The Governor in Council mav from time to time Regulations, make regulations providing for all~ or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act, or that may be necessary or expedient to carry out the objects and purposes of this Act, and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency; and, without limiting the generality of the foregoing provisions by such regulations, provision may be made for all or any of the following matters, namely:- (i.) The manner in which application for Orders in Council under this Act shall be made; (ii.) The fees and charges payable in respect of applications for such Orders; (iii.) The pUblication of notices by advertisement;

ti36R HAlLWAYS AKD THAMWAYS. Penalties pre;cribed. Railless Trcu:tion Act. 5 GEO. V. No. 28, - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - (iv.) The manner in which and the time within which representations or objections with- reference to any application for such Order may be made; (v.) Securing the safety of the public from personal injury or from fire, shock, or otherwise; (vi.) Defining and, if thought expedient, restricting the 1iability of a constructing authority in respect of negligence by itself or any of its officers, s9rvants, agents, contractors, sub- contractors, or workmen, causing injury or damage to persons or property; (vii.) Providing for the public safety and convey- ance; (viii.) The maximum fares to be charged; (ix.) The number of vehicles to be run between certain hours; (x.) Regulating the speed of trolley vehicles and motor omnibuses; (xi.) Controlling generally the traffic upon the undertaking ; (xii.) The free carriage on account of the public service of persons and goods ; (xiii.) The carriage of dangerous goods; (xiv.) The prevention of the commission of nuisances in or upon the undertaking or on any premises of the constructing authority; (xv.) The good conduct of officers and servants of the constructing authority. 16. (1.) Where no penalty is prescribed for any breach of this Act, the offender shall be liable to a penalty not exceeding twenty pounds. (2.) All penalties imposed under this Act may be recovered by complaint in a summary way under "The Justices Acts, 1886 to 1909." * * 50 Vie. No. 17 and amending Acts, supra, pages 1132 et seq.

1014. RAlLWAYS AND TRAMWAYS. Railless Traction Act. 6369 THE SCHEDULE. PART 1. [See s. 3 (3).] Provi8ion8 governing applications tor and the making at Orders in Oouncil under this Act. tr 1. When a constructing authority desires to undertake a trolley Applicati~ n vehicle service within any part of Queensland it shall apply to t,he Ord{r III Minister for an Order in Council authorising such undertaking, and onllCI. shall cause to be prepared- (a) Plans, sections, specifications, and book of reference of the . proposed undertaking; (b) An estimate of the cost of the same. 2. A certified copy of such plans, sections, specifications, book of Deposit of reference, and estimate shall be deposited with the Minister, and (if plans, &c. the constructing authority is not a Local Authority or-!oint Local Authority) in the office of every Local Authority having control over any road comprised within the routes of the proposed service.. 3. When the constructing authority is a company it shall also Documents d epOSl 't Wl' th such pIans- adnepdomsiot n b e y y (a) A certified copy of its memorandum and articles of associa- company. tion; (b) A statement showing the name and place of residence of every shareholder, and the number of shares held by him; (c) A statement of the amount of capital paid up to date; and shall also deposit in the office of the Minister a sum equal to one twentieth part of the estimated cost of the undertaking, which sum shall be retained by the Minister as security for the due completion of the undertaking. Such sum shall be repaid to the company upon completion of the undertaking under the provisions of the Order. 4. A notice stating that such application, with plans, sections, Notice. specifications, book of reference, and other documents, have been deposited as aforesaid and are open to inspection shall, at the cost of the constructing authority, be published for one month at least in some newspaper and in the Gazette. A true copy of every newspaper containing such notice, and a reference to the dates and pages of the Gazette containing the same, shall be deposited with the Minister before he submits the application to the Governor in Council. 5. Within one month after the first publication of the notice Ohjections. aforesaid, any corporation or person having property likely to be affected or injured by the proposed undertaking may forward, through the Minister, a petition to the Governor in Council praying that the application may be refused or the plan altered, as the case may be, for the reasons set forth in the petition. Every signature to the petition other than the common seal of a corporation shall be verified by the solemn declaration of some person signing such petition. No petition unaccompanied by such declaration shall be accepted by the Minister. 6. At the expiration of two months after the notice of an applica- D\'ty of tion has been first advertised in the Gazette, the Minister, if satisfied "'{mIster. that- (a) This Act has been substantially complied with;

ti370 HAlLWAYS A~ D THAMWAYS. Railless Traction Act. 5 GEO. V. No. 28, Order in Council. Consent of Local Authorities. Order not to create monopoly. Ounditions affecting Orders. (b) No Local Authority concerned has made a reasonable objec- tion to the undertaking ; (c) The undertaking will be for the public benefit; (d) In the case of a company, the capital of the company as fixed by its memorandum is sufficient for the proper con- struction, equipment, and working of the undertaking, shall submit the application to the Governor in Council, with all petitions and other documents relating thereto, together with the Minister's recommendation in respect thereof. 7. The Governor in Council may make an Order in Council- (a) Approving of the plans and authorising the applicants, subject to this Act, to construct, maintain, and work the undertaking within such time and with such modifications, if any, as appear to him expedient; or (b) Disapproving of the plans and rejecting the application. 8. An Order in Council shall not be granted to a constructing authority which is not a Local Authority except with the consent of every Local Authority concerned, unless the Governor in Council, in any case in which the consent of the Local Authority is refused, is of opinion that, having regard to all the circumstances of the case, such consent ought to be dispensed with, and in such case the grounds upon which such consent is dispensed with shall be set out in the Order. 9. The grant of an Order to a constructing authority within a defined district shall not in any way hinder or restrict the granting of an Order to any other constructing authority within such district, or for a district comprising the first-mentioned district or any part thereof. 10. The constructing authority shall be subject to such conditions, limitations, and liabilities as may be inserted in or prescribed by the Order affecting the undertaking with regard to the following matters :- (a) The limits of the district within which the undertaking is authorised; (b) The securing of a regular and efficient supply of electrical energy; (c) The securing of the safety of the public from personal injury or from fire, shock, or otherwise; (d) The maximum fares to be charged; (e) The authorising of inspection and inquiry at any time, or from time to time, by direction of the Minister or any Local Authority concerned; (I) Requiring the constructing authority to pay the cost of any alterations or improvements in any road made for the purposes of or rendered necessary by the undertaking ; (g) The dimensions and material of tyres of trolley vehicles; (h) The enforcement of the due performance of the duties of the constructing authority in relation to the undertaking by the imposition of penalties or otherwise, and the revoca- tion of the Order when the constructing authority has, in the opinion of the Governor in Council, practically failed to carry into effect within a reasonable time the powers granted to it, or has discontinued the exercise of such· powers, and the forfeiture and disposal of any money deposit made by the constructing authority and retained by the Minist~ r ; and

RAILWAYS AND TRAMWAYS. 6371 U1l4. Railless Traction Act. (i) Generally with regard to any other matters in connection Effect of with the undertaking. OCordunecrI! ln. 11. The making of an Order in Council shall be prima facie evidence that all the requirements of this Act in respect of proceedings required to be taken previously to the making of such Order have been com- plied with. 12. If at any time the constructing authority desires to use trolley Extension of vehicles upon any road other than the roads forming the original r9utes. trolley vehicle routes, it may make application to the Governor in Council, through the Minister, describing the proposed new route or routes, and thereupon the Minister may cause such inquiry as he thinks proper to be made in the matter of the application, and, if satisfied that the proposed new route or routes, with or without any modification, would be for the public benefit, may recommend to the Governor in Council that the application be granted with or without any such modification, and the Governor in Council may, by an amendment of the original Order in Council, or by another Order in Council, include such new route or routes within the undertaking. 13. An Order in Council may authorise the constructing authority Power to run to provide or hire and maintain, and work and run in connection with mot<!r the undertaking motor omnibuses, and in such case all such omnibuses, ommbuses. with their equipment and all lands, buildings, plant, appliances, and conveniences provided or used in connection with any such motor omnibus service, shall be deemed to be a part of the undertaking of the constructing authority and subject in all respects to this Act. PART n. [See s. 6.] P1'ovisions governing the powers, duties, and obligations of a constructing authority and its business and undertaking. 1. (i.) Trolley vehicles and the trolley vehicle equipment shall Construction be of such form, weight, construction, and dimensions as may be &c'" of trolley convenient and as the Minister may approve or as may be prescribed. vehICles, &c. (ii.) No trolley veh~le shall be used by the constructing authority which does not comply with the requirements of this Act. (iii.) No trolley vehicle, including the weight of its maximum load, shall exceed the weight of six tons. (iv.) No post, standard, or other apparatus shall be erected on the carriage-way of any road except with the consent of the Minister. (v.) Before any route is used or opened for public traffic, the trolley vehicle equipment and the trolley vehicles intended for use thereon shall be inspected by an· officer deputed by the Minister in that behalf, and a certificate must be obtained from such officer that so much of the undertaking as relates to such route, including all the trolley vehicle equipment and trolley vehicles aforesaid, are safe and fit for public traffic. (vi.) The constructing authority may, at such time and in such manner as it thinks fit (but subject to this Act), use the trolley vehicles within the district for sanitary purposes and for the con- veyance of scavenging stuffs, road metal, and other materials: Provided that, in exercising the powers of this subsection, any trolley vehicle with its maximum load shall not exceed the weight of six tons.

()372 RAILWAYS AND TRAMWAYS. Railltss Trnction Act. 5 GEO. V. No. 28, (vii.) Unless permitted by an Order in Council or any amendment thereof, no trailers shall be used in connection with the trolley vehicles. Borrowing pc,wers of ccmpany 2. When a company is the constructing authority it may borrow money for the purposes of the undertaking in the manner prescribed by its articles of association, and as security therefor may mortgage the undertaking or any part thereof or other property of the company, with all usual and necessary powers and remedies to the mortgagee, including a power of sale in case of default in payment of the principal of such money or the interest thereon or any part thereof: Provided that any such mortgage shall be subject to the power of purchase reserved by this Act to the Local Authority or Joint Local Authority concerned. &ud of Local Authority. 3. Where a Local Authority is the constructing authority then, notwithstanding any restriction or limitation imposed by the Local Authorities Acts, but subject always in other respects to the provisions of those Acts, the Local Authority may borrow money for the purposes of the undertaking. Power fOf 4. A constructing authority may contract with any company or Local person for the execution and maintenance of any works or with ! ~ ~ ~ ~ ~ ~trnto an Electric Authority for the supply of electricity needed for the certain caseB, purposes of the undertaking; but a constructing authority shall not a c 1 , s . 0 ! s :d t ing . nem t· Ioenn S ts 0 n. mby C aonuynCc '1 lo, nttrraancst f eorr taossaingynmote h netr, cwointshtoruutcttm . heg acuotn h soenn ' ttyoforth d el ' vGesotveitrsneolrf o E f .L po .P w . e , rs s. , 1 & 3 c . . of any legal powers given or any legal liabilities imposed by this Act. Lr,eal 5. With respect to Local Authorities which are constructing Auth?rities to authorities under this Act, the provisions of the Local Authorities Acts ~ ~ o~ ~ lded hy shall be applicable to them and their servants with respect to all things Authorities done and proceedings had under this Act, except so far as such pro- ~ ~: t~P. , s. 14. yisions are varied by or are inconsistent with this Act. Deparate 6. Every Local Authority which is a constructing authority shall accounts to be keep separate accounts in the prescribed form of all its dealings and kAeupttbobyrI. tLy. ocal transact,ions relating to the undertaking. E.L.P., s. 15. Accounts of 7. Every constructing authority which is not a Local Authority constrllctir g shall on or before the thirty-first day of March in every year make up an a E u . t L h . o P r . i , tys. . 16. annual statement of accounts of the undertaking made up to the thirty- first day of December then next preceding; and such statement shall be in such form and shall contain such particulars and shall be published in such manner as may from time to time be prescribed in that behalf by the Governor in Council. Every constructing authority' shall keep copies of such annual statement at its oftlee, and sell the same to any applicant at a price not exceeding one shilling a copy. Penalty. If a constructing authority fails to comply with this section, it shall be liable to a pcaalty not oxcoc::ling two pounds for each day during which such default continues. Power to 8. (i.) For the purposes of constructing the works authorised by this break up Act or extending or maintaining the same, a constructing authority, r K oa L n . s P , . & , 0 s . . JR. under such superintendence as is hereinafter specified, may, within the district- (a) Open and break up the soil and pavement of any road;

RAILWAYS AND THA:M,YAYS. H3i3 • 19H. Railltss Traction Act. (6) Open and break up any sewers, drains, or tunnels within or under any road; (c) Oonstruct in, over, or under any road any electric lines and other works, and from time to time repair, alter, or remove the same; (d) For the purposes aforesaid remoye or use any earth or materials in or under such road; (e) Do any other acts which the constructing authority from time to time deems necessary for constructing, extending, or maintaining the undertaking. But, imbject as next hereinafter provided, this section shall not authorise or empower the constructing authority to construct any works in, through, or against any building, or in or on any land not dedicated to public use, without the consent of the owners and occupiers thereof; except that it may at any time enter upon and construct a new electric line in the place of an existing electric line in or on any land in which an electric line has been already lawfully constructed in pursuance of this Act, and may from time to time repair "or alter any electric line so constructed. • (ii.) The constructing authority may, with the consent of the owner ALtaclJrnent of any building, wall, or bridge, attach to such structure such brackets, of ? r~ ckets to wires, and apparatus as are required for the working of the trolley bUlldmgs. vehicles by electrical energy: Providt'd that- (a) If, in the opinion of the constructing authority, any consent under this section is unreasonably refused, it may appeal to the police magistrate sitting in petty sessions, who shall have the power, having regard to the character of the structure and to the other circumstances of the case, to allow thc attachment subject to such terms as to compensa- tion, rent, &c., as he may think reasonable, or to disallow the same, and may determine by which of the parties the costs of the appeal are to be paid; (b) Any consent of an owner and any order of a police magistrate under this section shall not have effect after that owner ceases to be in possession of the structure, but any attachment fixed under this section shall not be removed until the expiration of three months after such subsequent owner has given to the constructing authority notice in writing requiring the attachment to be removed: Wherc such notice is given the preceding provisions of this section shall apply, and the police magistrate shall have the same powers as under paragraph (a) hereof; (c) The owner may require the constructing authority to tempo- rarily remove the attachments where necessary during any reconstruction or repair of the structure. :For the purposes of this subsection any occupier of a structure whose tenancy exceeds one year unexpired, and in the case of any other ttmancy the person receiving the rack rent, shall be deemed to be the owner.

6374 RAILWAYS A~D TRAMWAYS. - - - - - . - - - - - - - - - - - - ~ - - - - 5 GEO. V. ~o. 2;,\, Notice to be 9. If the constructing authority is not the Local Authority having served on Local Authority, &c., before control of the road in question, the constructing authority shall, not less than seven clear days before proceeding to open or break up any road, sewer, drain, or tunnel, give to the Local Authority or other rboraedask, in&gc.up authority concerned notice in writing of the intention to open or break RL.P., s. 19. up the same, except in cases of emergency arising from accidents to or defects in any of the works, in which case such notice shall be given as soon as possible after the beginning of the work or after the necessity for it has arisen. Roads or 10. A road, sewer, drain, or tunnel shall not, except in such cases ed b x e racbienrpostknueonntduteopr souf peemrienrtgeenndceyncaes oaffotrheesaLido,cable Aouptehnoerdityorobr rootkheenr auuptheoxrcietpyt cuonndceerrntehde, superin. or its officer, and according to a plan, if any, proposed by the Local t E en .L de .P n . c , e. s. 20. Authority or other authority concerned, or its officer, within three days next after the receipt of the notice, or in case of a difference respecting such plan then according to a plan approved by a police magistrate in petty sessions. The police magistrate may, on the application of the Local Authority 9r other authority concerned, or its officer, require the constructing authority_ to make such temporary or other provision as he thinks necessary for guarding against any interruption of traffic or drainage during the execution of any works which interfere with the road, sewer, drain, or tunnel: If Local Provided that if the officer of the Local Authority or other sA&ucup. t, ehrfoianriilttseynt, od, aautttehnodriatyt cthoencteirmneedf, ixaefdterforsutchhe noopteinceinghaosr bbereenakdiunlgy usperovfedt,hefairlosatdo, constructing sewer, drain, or tunnel, or if no plan for opening or breaking up the amuatyhopreirtyform same is proposed by the Local Authority or other authority con- work. cerned, or its officer, or if it or he refuses or neglects to superintend the work, the constructing authority may perform the work specified in the notice without such superintendence; but if a difference respecting the plan proposed has arisen then the constructing authority shall not commence the work until such plan has been approved by a police magistrate as aforesaid. Oonditions n. When a constructing authority opens or breaks up any road, u ro n a d d. e ;: r , w &0 h . i , ch sewer, drain, or tunnel, it shall- lllay be broken (i.) With all convenient speed complete the work for which it up. E.L.P., s. 21. Roads, &c., broken up to is broken up, and fill in the ground, and reinstate and make good, to the satisfaction of the Local Authority or other authority concerned, or its officer, the road, sewer, drain, be reinstated or tunnel· so opened or broken up, and carry away the without delay. rubbish occasioned by the work; Road•• &c., to he fenced and lighted while opened. (ii.) At all times, while the road, sewer, drain, or tunnel is so opened or broken up, cause the same to be fenced and guarded, and cause a light sufficient for the warning of passengers to be set up and maintained against or near such road, sewer, drain, or tunnel, where the same is open or broken up, every night during which the same is continued open or broken up; and And to be kept in repair for a certain time after ward". (iii.) Keep the road, sewer, drain, or tunnel which has been so opened or broken up in good repair for three months after replacing and making good the same, and for any further time, not being more than twelve months in the whole, during which the soil broken up continues to subside.

l'i1l4. RAILWAYS AND TRAMWAYS. -- -- - -~ . -- - - - - - - - - - ~ ~ - ~ - - - Raillcs8 Traction Act. 6375 12. If a constructing authority- Penaltv for (i.) Opens or breaks up a road, sewer, drain, or tunnel without de'aly ;)r. gI . vI . ng suc h no t' Ice as a f oresaI ' d , or ' In a manner different nreeignsetcatti lU ng from that which has been approved of or determined as streets, &c. aforesaid, or without making such temporary or other works E.L.P" s.22. as aforesaid when so required, except in the cases in which the constructing authority is authorised to perform such works without any superintendence or notice; or (ii.) Makes any delay in completing any such work, or in filling in the ground, or reinstating and making good the road, sewer, drain, or tunnel so opened or broken up, or in carry- ing away the rubbish occasioned by the work; or (iii.) Neglects to cause the place where the road, sewer, drain, or tunnel has been opened or broken up to be fenced, guarded, and lighted as hereinbefore prescribed; or (iv.) Neglects to keep the road, sewer, drain, or tunnel in repair for the space of three months next after the same is made good, or such further time as aforesaid; it shall forfeit to the Local Authority or other authority concerned a sum not exceeding five pounds for every such offence, and shall forfeit an additional sum of five pounds for each day during which any such delay as aforesaid continues after the constructing authority has received notice thereof. And reasonable compensation shall be made to every interested person for any damage actually sustained by him in consequence of any such act, delay, or neglect, and the amount of compensation may be recovered from the constructing authority by action in any court of competent jurisdiction. 13. If any such delay or omission as aforesaid takes place, the Local In case of Authority or other authority concerned may cause the work so delayed dAelahy, ~ocal or omI . tte d to b e execute d ,an 'd the reasonable expense 0 f exec ' u . tmg t h e muayt roenintsytate same shall be repaid to it by the constructing authority; and such street" &c., expenses may be recovered by complaint in a summary ,,,ay. : ~~ le~ ~ ~~ ~ ·er E.L,P., s. 23. 14. Notwithstanding anything in this Act, a constructing authority Restrictions shall not be authorised to place an electric line above ground, along, as to over, or across any road ,except I.n t he manner prescn' bed and WI' th a w b o :l r V k € s - ." O'round the express consent of the Minister, and the Minister may require the E.L.P., s. 24. constructing authority to forthwith remove any electric line placed by it contrary to this section, or may remove the same, and recover the expenses of such removal from the constructing aut,hority by complaint in a summary way. When an electric line has been placed above ground by a con- structing authority in any position, if the Minister or the Local Authority having jurisdiction in the place in question is of opinion that such electric line is or is likely to become dangerous to the public safety, a police magistrate may, upon complaint made by direction of the Minister or the Local Authority, and notwithstanding any such consent as aforesaid, hear such complaint in open court, and may make an order directing and authorising the removal of such electric line by such person and upon such terms as he may think fit. If any party feels aggrieved by any such order, the matter in dispute shall be determined by arbitration in the manner prescribed, provided that application is made to the Governor in Council to nominate an arbi- trator within seven days after the order of the police magistrate was made, or within such further time as may be prescribed. o

6376 RAILWAYS AND TRAMWAYS. Railless Traction Act. 5 GEO. V. No. 28, Power to a 15. Subject to this Act, the constructing authority may alter the acounthstorruictyt intog position of any pipes or wires being over or under any road authorised to alter position be broken up by it which may interfere with the exercise of its powers w o i f r p ~ i s pes and under this Act, on previously making or securing such compensation to RL.P., s. 25. the owners of such pipes or wires, and on complying with such conditions as to the mode of making such alterations as may before the commence- ment of such alterations be agreed upon between the constructing authority and the owners, or, in case of difference, as may be determined in manner prescribed by the Order in Council authorising the under- taking, or, if no such manner is prescribed, as may be determined by arbitration. Any Local Authority, company, or person, may in like manner alter the position of any electric lines or works of a constructing autho- rity, being under any such road, which may interfere with the lawful exercise of any powers vested in such Local Authority, company, or person in relation to such road, subject to the like provisions, conditions, and restrictions as are in this section contained with reference to the alteration of the position of any pipes or wires by a constructing authority. Constructing 16. In the exercise of the powers in relation to the execution of ~~ ~ ~rity to works given to a constructing authority under or pursuant to this compensation Act, the constructing authority shall cause as little detriment and ~ ~ rLdpmage .. inconvenience and do as little damage as may be, and shall make •... , •. 26. full compensation to all persons interested for all damage sustained by them by reason or in consequence of the exercise of such powers, and such compensation may be recovered before a police magistrate by complaint in a summary way. Restriction on 17. Xothing in this Act shall authorise or empower a constructing br~ aking up of authority to break up any railway or tramway without the consent of t r m ail m w W ay d s p a . nd t he authon'ty, company, or person by whom suehr'aIlway or tramway E.L.P., s.27. is repairable, unless in pursuance of special powers in that behalf inserted in the Order in Council, or with the written consent of the Governor in Council. The Governor in Council shall not in any case insert any such :special powers in any Order, or give any such consent, until notice has been given to such authority, company, or person by advertisement or otherwise as the Governor in Council may direct, and until an opportunity has been given to such authority, company, or person, to state any objections they may have. Local 18. A Local Authority or other authority shall, not less than two Authorityor clear days before proceeding to open or break up any road, sewer, drain, t~: \ : i~~ up or tunnel, or any part thereof, within ten feet of any of the works of str~ets 10 give any constructing authority, give to the constructing authority notice in c n o ot n i s c t e ,, t ; o ct t i h rg e Wl'l 't' mg 0 ft ' h . e ' In t ~ ntl . On to open or. b rea k - up t h e. same, except I . n cas? 0 f auth(?nty in emergency, 111 whICh case such notICe shall be gIven as soon as pOSSIble c R e L rt" . 1 P II ., c" e, se 2 s 8 ; . after the beginning of the work or after the necessity for it has arisen. Any Local Authority or other authority offending against this section shall be liable to a penalty not exceeding five pounds for every such offence. Constr~ cting 19. Subject to this Act, the constructing authority shall have the a h u a t v h e O e r x it c y lu t s o ive exc I US ' Ive n . ght 0 fu' smg any t ro 1 y 1 eqm ' pment proVl' ded, erected,or rig~ t of using maintained by it for the purpose of the undertaking. f'!quII-Jm€nj..

RAILWAYS AND TRAMWAYS. 6377 1'::l14. Raillcss Traction Act. Any person who uses the said equipment otherwise than by agreement with the constructing authority shall be liable to a penalty not exceeding twenty pounds. 20. Any person who- Penalty for (i.) Constructs or causes to be constructed an electric line to fr~ udulently communicate with any electric line belonging to a con- ~ ~ ~ fricity. structing authority without its consent; or E.L.P., s. 51. (ii.) Wilfully injures any fittings belonging to a constructing authority; shall forfeit and pay to the constructing authority the sum of five pounds for every such offence, and also the sum of two pounds for every day during which such line so remains or such injury is so committed or continued. 21. Any person who carelessly or accidentally breaks, throws down, Satisfaction aour thdoamritayg, esoraunnydeerleicttsricconlitnreol,osrhawllo,rwksithboeulotnpgrienjgud t i o ce ato c' aonnystrreumcteindgy f d o ~ r % ' a d ~i~ ~ II y of the constructing authority for negligence, pay such sum of money by lines, &0. way of satisfaction to the constructing authority for the damage done, E.L.P., s. 52. not exceeding five pounds, as a police magistrate on complaint in that behalf thinks reasonable. 22. Any person who wilfully, frauduLently, or by culpable negli- ' p~ na~ ty f?r gence injures, removes, or suffers to be injured or removed, any electric &Jurm g hne~ , lines or works belonging to a constructing authority, or fraudulently E~ i: . . P. , s.53. abstracts, consumes, or uses electricity of a constructing authority, shall, without prejudice to any other right or remedy for the protection of the constructing authority or the punishment of the offender by indictment or otherwise, forfeit and pay to the constructing authority a sum not exceeding twenty pounds; and the constructing authority may, in addition thereto, recover the amount of any damage sustained by it. 23. When any matter is by this Act directed to be determined by Arbitration.• arbitration, such matter shall, except when otherwise expressly provided, E.L.P., s.58. be determined by an arbitrator to be nominated by the Governor in Council on the application of either party, after notice to the other party, and the expenses of the arbitration shall be borne and paid as the arbitrator directs. The arbitrator shall make his award within three months, and such award may be made a rule of the Supreme Court. 24. When a notice is given by a constructing authority, the notice Au.thenti. afd shall be sufficiently authenticated if it purports to be signed by the catl~ n C haI. rman, secretary, or other prm.C.lpa1 0 fficer 0 f the const ruct'lng sneortViclcees 0 and authoritv. _ other • . . . . documents. A notICe required to be gIven under thIS Act to a constructmg E.L.P., ~ . 60. authority may be given by leaving it at or by forwarding it by post to its office or, if there is more than one office, to its principal office in a letter addressed to it or to its chairman, secretary, or other principal officer. A notice required to be given under this Act to any person may be given by delivering it to such person or by leaving it at, or forwarding it by post in a letter addressed to such person at, his usual or last known place of residence. If the address of such person is unknown, and cannot after due inquiry be ascertained, the notice maybe given by affixing it for three days to some conspicuous part of any premises or works to which the notice relates.

6378 RAILWAYS AND TRAMWAYS.-SOCIETIES. Friendly Societies Act Amendment Act. 5 GEO. V. No, 16, 1914. P:otection of 25. Nothing in this Act shall limit or interfere with the rights, if E'Lep 62 any, of any owner, lessee, or occupier of any mines or the owner of any ,. . ., s. . minerals lying under or adjacent to any road along or across which any electric lines or works are constructed to work such mines and minerals. Protection of 26. Nothing in this Act shall extend to or authorise any inter- AEluetchtorircity. ference with any works of an Electric Authority to which a subsisting Order under" The Electric Light and Power Act, 1896,"* has been granted: Provided that a constructing authority shall have power to use any poles and overhead wires alr.3ady erected, subject to rental to be mutually agreed upon, or, in case of difference, to be settled by arbitration; and for that purpose the " Interdl~ ct Act of 1867 "t shall be applicable. SEEDS, PURE. , SHOPS. See LABOUR. SOCIETIES. 5 ·N G o e( . ) 1 . 6 V . . An Act to Amend "The Friendly Societies Act of THE FRIENDLY 1913" in certain particulars. B· SOCIETIES ACT AMENDMENT ACT OF 1914. [ASSENTED '1'0 2ND NOVEMBER, 19H.] E it enacted by the King's .Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queenslt1ud in Parliament assembled, and by the authority of the same, as follows:- oScfohnAosrcttrttu. ictlteioannd .Act . 1 A . m T e h n i d s m A en c t t . m Ac a t y o b f e 1c9it1e4d," asan ~ d ' T s h h e a F ll ri b e e nd r l e y ad So a c s ie o ti n e e s with" The Friendly Societies Act of 1913," t herein referred to as the Principal Act. Amendment of Soh. n., 2. In rule nine of Schedule n. of the Principal Act, rule 9. after the word "hospitals" the word "dispensaries" is inserted. '" 60 Vie. No. 24, 8upra, page 702. t 31 Vie. No. 11, supra, page 2387. t 4 Geo. V. No. 13, supra, page 5991.