Railway Agreement (Queensland) Act 1961 (Cth)

RAILWAY AGREEMENT (QUEENSLAND).

No. 92 of 1961.

An Act relating to an Agreement between the Commonwealth and the State of Queensland with respect to the Collinsville-Townsville-Mount Isa Railway.

[Assented to 27th October, 1961.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Railway Agreement (Queensland) Act 1961.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Approval of Agreement.

3. The agreement a copy of which is set out in the Schedule to this Act is approved.

Financial assistance to the State of Queensland.

4. The advances provided for in the agreement referred to in the last preceding section may be made, by way of financial assistance to the State of Queensland on the terms and conditions contained in that agreement, out of the Loan Fund, which is appropriated accordingly.

 

THE SCHEDULE. Section 3.

 

—

An Agreement made the twenty-seventh day of September 1961, Between the Commonwealth of Australia (in this agreement called “the Commonwealth”) of the one part and The State of Queensland (in this agreement called “the State”) of the other part:

Whereas the existing facilities of the Collinsville-Townsville-Mount Isa railway line will be incapable of handling the mine products and other goods to be offered for transport over this line when the expansion of mining activity now taking place in the north-west region of Queensland is completed:

And whereas it is desirable in the interests of the people of the State and of the Commonwealth generally that the production and export of mineral and other products from the north-west region of Queensland should be expanded as extensively and as rapidly as possible:

And whereas the State wishes to improve and increase the rail facilities on the Collinsville-Townsville-Mount Isa line both to cater for the proposed increase in mine traffic and to facilitate the development of the north-west region of Queensland and has sought assistance from the Commonwealth for this purpose:

And whereas it is proposed that the Parliament of the Commonwealth be asked to grant financial assistance to the State under section 96 of the Constitution of the Commonwealth of Australia upon and subject to the terms and conditions set out in this agreement:

Now it is hereby agreed as follows:

Definitions.

1. In this agreement, unless the contrary intention appears:—

“the Commissioner” means the Commissioner for Railways as constituted under “The Railways Acts, 1914 to 1959” of the State of Queensland.

“the cost of the work” means the amount expended by the State on the work including—

(a) payments made to the engineers for engineering design work or for administering or supervising the work;

(b) the payments made to the engineers for an investigation of the efficiency of the organisation, operations and methods of the administration of the Northern Division of the Queensland Railways; and

(c) interest paid on or before the 31st day of December, 1964, on money provided by the State and money advanced by the Commonwealth for the purposes of this agreement;

“the engineers” means Ford, Bacon & Davis, Incorporated, a corporation of the State of New Jersey in the United States of America;

“the line” means the Collinsville-Townsville-Mount Isa railway of the State, the route of which is more particularly described in the first schedule to this agreement;

“the State Trust Fund” means the Trust Fund opened by the State in pursuance of sub-clause (1.) of clause 4 of this agreement;

“the Treasurer” means the Treasurer of the Commonwealth and includes a member of the Federal Executive Council for the time being acting for and on behalf of the Treasurer; and

“the work” means the work to be carried out by the State in pursuance of clauses 11 and 12 of this agreement, and more particularly described in the second schedule to this agreement.

Approval of Agreement.

2.—(1.) This agreement, other than the next succeeding sub-clause, shall have no force or effect and shall not be binding upon either party until it is approved by the Parliament of the Commonwealth and the Parliament of the State.

(2.) The Governments of the Commonwealth and the State agree to endeavour to have this agreement approved by their respective Parliaments as soon as practicable after the date of this agreement.

(3.) The State shall provide for or secure the performance by the Commissioner of his obligations under this agreement.

 

The Schedule—continued.

The making of advances.

3. Subject to compliance by the State with the terms of this agreement, the Treasurer will make advances, not exceeding in the aggregate Twenty million pounds (£20,000,000), to the State towards meeting the cost of the work, which advances shall be made in accordance with and subject to the terms of this agreement.

State to open a Trust Fund.

4.—(1.) The State shall open a Trust Fund into which shall be paid all moneys advanced by the Treasurer pursuant to this agreement, and all moneys provided by the State towards meeting the cost of the work.

(2.) All expenditure by the State on the cost of the work shall be met from moneys standing to the credit of the State Trust Fund.

(3.) The State shall not use any moneys in the State Trust Fund except for meeting the cost of the work.

State entitled to receive advances.

5.—(1.) The State may from time to time apply for advances from the Treasurer for the purpose of meeting the cost of the work and shall be entitled, subject to the provisions of this agreement, to receive advances from the Treasurer of two-thirds of the cost of the work from time to time and of such additional amounts as are, in the opinion of the Treasurer, reasonably required as a working balance.

(2.) The Treasurer may withhold the making of any advances under this agreement if he is satisfied that the State is not carrying out the work in accordance with this agreement.

Supporting evidence.

6. The State shall furnish to the Treasurer such documents and other evidence in support of each application for an advance as the Treasurer shall request, whether before or after the Treasurer shall have made any advance requested in the application.

Interest.

7.—(1.) The State shall pay to the Commonwealth interest at the rate of five and one-half per centum per annum on the amount of the advances made by the Commonwealth and from time to time not repaid in accordance with sub-clause (1.) of clause 8 of this agreement.

(2.) Interest payable under this clause shall accrue on each advance from the date on which that advance is made.

(3.) Interest under this clause in respect of the period up to and including the 31st day of December, 1964, shall be payable on the 30th day of June and the 31st day of December of each year.

Repayments of advances and interest thereon.

8.—(1.) Subject to the provisions of this clause, the State shall repay to the Commonwealth the total amount of the advances made by the Treasurer to the State under this agreement, together with interest accruing from and including the 1st day of January, 1965, under clause 7 of this agreement, by forty equal semi-annual payments, the first payment to be made on the 30th day of June, 1965, and subsequent payments to be made on each succeeding 31st day of December and 30th day of June until the final payment on the 31st day of December, 1984.

(2.) In addition to making payments in accordance with sub-clause (1.) of this clause, the State may on the 30th day of June or the 31st day of December in any year, after having given to the Treasurer at least one month’s notice in writing of its intention so to do, pay to the Commonwealth an amount of Five hundred thousand pounds (£500,000) or a multiple thereof. Interest at the rate of five and one-half per centum per annum shall accrue on amounts paid by the State under this sub-clause, calculated from the date of payments and compounded with half-yearly rests on each 30th day of June and 31st day of December.

(3.) Subject to sub-clause (4.) of this clause, the amount of each semi-annual payment due by the State under sub-clause (1.) of this clause shall not be reduced.

(4.) When on any 30th day of June or 31st day of December the payment due by the State under sub-clause (1.) of this clause exceeds the amount by which the unrepaid balance of the advances made by the Commonwealth (together with interest accrued thereon up to and including that date) exceeds the total of the amounts paid by the State to the Commonwealth under sub-clause (2.) of this clause together with the interest accrued in accordance with that sub-clause up to and including that date, the State shall pay to the Commonwealth the amount of the second-mentioned excess in lieu of the amount due under sub-clause (1.) of this clause, and no further payments shall be required to be made by the State to the Commonwealth under this agreement.

 

The Schedule—continued.

Annual budget.

9. The State shall prepare and submit to the Treasurer not later than the 31st day of May of each year a budget of proposed expenditure on the work during the next succeeding financial year and an estimate of the amount of advances which it will request from the Commonwealth during that financial year supported by such explanations as may be considered necessary by the Treasurer.

Audit.

10.—(1.) The accounts, books, vouchers, documents and other records of the State and of the Commissioner relating to the payment of money or to the receipt, custody or disposal of plant, stores, materials and equipment in connexion with the work shall be audited by the Auditor-General for the State.

(2.) Until the work has been completed to the satisfaction of the Treasurer, a report on the audit and on the financial statements shall be furnished by the Auditor-General for the State to the Treasurer once in each year and that report shall indicate, inter alia—

(a)whether the financial statements are based on proper accounts and records and are in agreement with those accounts and records; and

(b) whether the expenditure of moneys is in accordance with this agreement.

and shall include reference to such other matters arising out of the audit and financial statements as the Auditor-General for the State considers should be reported to the Treasurer.

State to carry out certain work.

11.—(1.) The State shall carry out or cause to be carried out with due diligence and efficiency and in conformity with sound engineering and financial practices and the provisions of this agreement, the work of improving the line and increasing the rail facilities in connexion therewith as more particularly specified in the next succeeding clause.

(2.) The State shall take all reasonable steps to ensure that the work is completed in accordance with this agreement not later than the 31st day of December, 1964.

Description of the work.

12.—(1.) A description of the work to be carried out by or on behalf of the State under this agreement is set out in the second schedule to this agreement.

(2.) The standards set out in the third schedule to this agreement shall be observed by the State and its contractors in the carrying out of the work.

(3.) To the extent that it is necessary for the more efficient fulfilment of the objectives of this agreement, the second and third schedules may be varied in such manner and to such extent as the State proposes and the Treasurer approves.

Plans, Specifications and Estimates.

13. The State shall—

(a) cause to be prepared detailed plans and specifications of the work and estimates of the cost of the work; and

(b) ensure the incorporation in the said plans, specifications and estimates of the standards of design and construction established under this agreement.

Supervision and Administration.

14. The State shall continue to engage the engineers to perform the necessary engineering design work, to prepare plans, specifications and contract documents, and generally to administer and supervise the carrying out of the work in accordance with the provisions of Part VII of “The Railways Acts, 1914 to 1959” and the agreements ratified thereby.

Letting of contracts.

15. The Commissioner shall invite tenders and let contracts for the carrying out of the work.

Efficient operation of the Railways.

16.—(1) As it has already affirmed that it will do, the State will cause to be undertaken by the engineers an investigation of the efficiency of the organization, operations and methods of the administration of the Northern Division of the Queensland Railways and will request the engineers to submit recommendations for improving efficiency.

(2.) Upon receipt of the recommendations referred to in the last preceding sub-clause, the State shall promptly take all reasonable action to put them into effect.

Supply of information.

17.—(1.) The State shall furnish to the Treasurer all such information as the Treasurer shall reasonably request concerning expenditure on the work.

(2.) The State shall promptly inform the Treasurer of any condition which interferes with, or threatens to interfere with, the accomplishment by the State of its obligations under this agreement, or which increases, or threatens to increase, materially the cost of any major item of the work.

 

The Schedule—continued.

Notices, &c.

18. Except as otherwise provided in this agreement, any action required or permitted to be taken and any documents required or permitted to be executed under this agreement on behalf of the Commonwealth may be undertaken or executed by the Treasurer or any person thereunto authorized in writing by him and any action required or permitted to be taken and any documents required or permitted to be executed under this agreement on behalf of the State of Queensland may be undertaken or executed by the Premier of that State or any person thereunto authorized in writing by him.

THE SCHEDULES.

—

FIRST SCHEDULE.

Line of Railway.

The line of railway is:

(a)the railway which commences at Collinsville; approximately 50 miles south-west of Merinda, and extends to Mount Isa, approximately 600 miles west of Townsville, passing through the following places en route:

Merinda

Nome

Stuart

Mingela

Macrossan

Charters Towers

Pentland

Torrens Creek

Hughenden

Richmond

Julia Creek

Cloncurry

Malbon

Duchess;

(b) the railway between Merinda and Bowen; and

(c) the railway between Stuart and Townsville jetty.

SECOND SCHEDULE.

Description of the Work.

Item Number. Particulars.

1. Surveys and soils investigations as necessary at sites of proposed new construction.

2. Main Line roadway—

(a)Regrading and minor deviations as necessary to obtain ruling gradient, approximately 80 miles.

(b) Major deviations at Haughton and Burra Ranges, approximately 9 and 4 miles respectively,

(c) Improvement of vertical curves where necessary,

(d) Relaying of 242 miles of track between Richmond and Duchess,

(e) Construction of duplicate lines between Nome and Stuart, approximately 6.5 miles.

3. Bridges and culverts—

(a) Replacing all bridges and trestles between Hughenden and Duchess—a total length of about 31,500 ft—with new bridges and culverts.

Replacing culverts in the section Hughenden-Duchess as necessary to support the proposed design loading.

(b) Construction of a new bridge at Macrossan over the Burdekin River.

(c) Construction of new bridges and culverts at deviations where required.

(d) Construction of culverts and bridges for duplicate track between Nome and Stuart.

(e) Construction of approaches to proposed bridges and culverts.

4. Construction of drainage works to alleviate flood conditions.

5. Construction of new passing loops or extension of existing ones. Approximately 70 passing loops in 66 locations between Collinsville and Mount Isa.

 

The Schedule—continued.

Item Number. Particulars.

6. Yard alterations, additions and facilities at Collinsville, Hughenden, Cloncurry and Mount Isa.

7. Construction of new classification yard at Partington including service facilities.

8. Construction of fuel storage facilities at two locations.

9. General Office building for Northern Division at Townsville.

10. Extension of existing Diesel Electric Locomotive shed at Townsville.

11. Installation of automatic power signalling Nome-Stuart.

12. Purchase of not more than fifteen Diesel Electric Locomotives.

13. Purchase or rebuilding of about five hundred wagons of various types.

14. Improvement of telephone-telegraph lines between Townsville and Mount Isa.

THIRD SCHEDULE.

Standards.

1. Ruling grades:

(a) Townsville-Hughenden 1:90

(b) Hughenden-Mount Isa 1:125

(c) Mount Isa-Hughenden 1:125

(d) Hughenden-Townsville 1:90

2. Earthworks: Compacted embankments and subgrade.

3. Track:

(a) Sleepers: Hardwood—2,420 per mile for welded track and 2,640 per mile for bolted track.

(b) Ballast: Crushed stone, crushed gravel, pit-run gravel, cinders or coarse sand; in main line 1,500 cubic yards per mile in old roadbed or on new sub-grade. Sub ballast to be provided as necessary.

(c) Rail: for main track, between Townsville-Mile 114, Richmond-Duchess, Nome-Stuart, and at major deviations, at least Australian standard 82 lb. For passing loops in section Richmond-Duchess, Australian standard 82 lb. All other rail 82 lb. or 60 lb. new or part worn, depending on availability.

(d) Fish plate assemblies, spikes and rail anchors as required.

4. Bridges: Steel or concrete superstructure on concrete substructure. Cooper’s E-50 loading.

5. Culverts: Reinforced concrete pipe or corrugated metal pipe. Cooper’s E-50 loading.

6. Passing loops: Length to be determined on the basis of operating 90-ton Diesel Electric Locomotives double headed between Stuart and Hughenden and single in all other sections of the line. Turnouts for passing loops generally 1:12. All other turnouts to conform to existing angles. Trackwork as described under Item 3.

7. Signalling: Automatic power signalling in Nome-Stuart section.

8. Office building: One or two stories high, masonry, air-conditioned structure.

In witness whereof this agreement has been executed by the parties the day and year first above written.

Signed for and on behalf of The Commonwealth of Australia by the Right Honourable Robert Gordon Menzies, the Prime Minister of the Commonwealth, in the presence of—

A. L. MOORE

ROBERT MENZIES

Signed for and on behalf of The State of Queensland by the Honourable George Francis Reuben Nicklin, the Premier and Chief Secretary of the State, in the presence of—

R. B. McALLISTER

FRANK NICKLIN