Railways Act of 1906 (6 Edw VII No. 15) (Qld)

RAILWAYS. 6 Enw. VII. No. 15, 1906. Railways Act. 9109 RAILWAYS. An Act to make Better Provision for Ensuring the 6 Edw. VII. Profitable Working of Government Railways N~ ~ ;5. hereafter to be Constructed. A!:I~:t~g6. [ASSENTED TO 29TH NOVEMBER, 190H.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Oouncil and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows ; - 1. This Act shall be read as one with" The Railways ShorL title .Acts, 1863 to 1902,"* and may be cited toge~ , her ",-jth those ~ ~ ~structioR. Acts as " The Railways Acts, 1863 to 1906, or separately as "The Railways Act of 1906." 2. "The Railways Guarantee Act of 1895"t is re- Repeal of pealed, except in so far as regards any railway constructed 59Vic. No. 17. under a guarantee given thereunder, for which purpose so long as such guarantee subsists the said Act shall remain of full force and effect. 3. In this Act, unless the context otherwise indicates, Interpr~ta. the following terms have the meanings assigned to them tion. respectively, that is to say- " Local Authorities Act "-" The Local.Authorities .Act of 1902," t and any Act amending or in Rubstitution for that Act; " Local Authority"-A Local Authority any part of whose Area is comprised within a Railway District; "Rateable Land "-Rateable land as defined by section one hundred and ninety-three of the Local j\ utborities Act; "Ratepayer"-Any person who is named in the ratebook of a Local Authority as the owner or occupier of rateable land situated within a Railway District. * 27 Vie. No. 8, supra, page 2065; 28 Vie. No. 24, supra, page 2096; 36 Vie. No. 21, supra, page 2099; 44 Vie. ,\ o. 10, S11pra, page 2104; 52 vic. No. 8, supra, page 2596; 60 Vic. No. 30, supra, page 6097; 64 Vie. No. 12, supra, page 7366 ; and 2 Edw. VII. No. 8, supra, page 8559. t 59 Vie. No. 17, supra, page 5699. ! 2 Edw. VII. No. 19, supra, page 8355.

fnlO RAILWAYS. Railways Act. 6 EDW. VII. No. 15, Benefited District to be 4. (1.) From and after the passing of this Act, the defined. Commissioner shall, with the statement required under section sixteen of " 11he Railways Act of 1888 .Amend- ment .Act of 1896"* to be furnished by him to the Minister with respect to any railway proposed to be constructed by the State, transmit also a map and description under his official seal of the District which in his opinion will be directly benefited by the construction of the proposed railway: Provided that no land shall at the same time be liable to any rate under this Act and also under" The Railways Guarantee .Act ot 1895."t (2.) A copy of such map and description shall be deposited at every office of a Local Authority within the said District and at such police stations and other places of public resort therein as the Commissioner may direct, and shall there be open for inspection by all persons concerned. during ordinary office hours, and notice shall be published in the Gazette and in some newspaper circulating within the said District at least twice within four weeks that such map and description are so deposited and open for inspection. (3.) At any time within two months from the first publication of such notice, any owner or occupier of land within the said District, and any Local Authority having jurisdiction therein, may, by notice in writing to the Minister, make objections to the boundaries of the said District and state the grounds for ~ uch objections. The Minister may, if he thinks necessary, authorise an officer of the Oommissioner or some other person to hold an inquiry with respect to such objections or any of them, and report to him thereon. The Commissjoner mav amend the boundaries of the said District in such mann~ r as he thinks right and just, and in such case the map and description aforesaid shall also be amended accordingly. Poll to be (4.) At any time within three months from the first taken. publication of such notice, :my thirty ratepayers within the said District may. by application to the Commissioner, require that the question whether such District shall be constituted shall be submitted to the vote of the ratepayers in such District. 1\-"'hen such demand has been made, the Oommissioner shall direct the Local Authority or Local Authorities having jurisdiction within such District to take a poll of all such ratepayers accordingly, and shall prescribe the form of ballot-paper to he used. "" 60 Vie. No. 30, supra, page 6097. t 59 Vie. No. 17, 8upra, page 5699.

RAILWAYS. 9111 1900. Railwa.ys Act. Every such poll shall be accordingly taken in manner prescribed by the Local Authorities Act for taking a poll on the question of a proposed loan, but in all cases voting shall be by ballot. If, upon a poll or polls being taken as hereinbefore provided, a two-thirds majority of the rate- payers who vote at the poll in the aggregate give their votes against the constitution of ~uch District, no further action shall be taken in the matter for a period of twelve months from the date "when such poll was taken. It shall be the duty of the returning officer or officers at the poll or polls to transmit the result thereof to the Commissioner forthwith after the ascertainment thereof. The cost of the taking of every such poll shall be borne and paid by the ratepayers on whose application the poll was taken: Provided that no such poll shall be applied for or taken in any case where the aggregate area of vacant Crown lands 'within the Railway District is more than one-half of the whole area of such District. (5.) The District as so defined shall, upon being Railway approved by the Governor in Council by Order in Council District. published in the Gazette, for all purposes be and be known as a Railway District under the name assigned to it. (G.) The boundaries of a Railway District may from time to time, at intervals of not less than three years, be amended by the Commissioner, with the approval of the Governor in Council, by Order in Council published in the Gazette, hy the inclusion of adjacent land or by the exclu- sion of land. In every such case the procedure herein- before prescribed shall as far as practicahle be observed. (7.) This Act shall apply to every railway constructed within a Railway District constituted under this section. 5. The Commissioner shall, with respect to every Certificate of railway to which this Act applies, as soon as may be after cost of . the constructI·On tl1ereo f ' IS - comp 1 et ed, by a cer. t1'ficate constructIOn. under his hand and published in the Gazettp, declare the actual cost of the construction of the same, including the land resumption and rolling-stock, and shall in every year thereafter, so long as there is such a deficiency as is hereinafter mentioned, include in a similar certificate such additions as are chargeable to the capital cost. 6. If and as often as the earnings of a rail way to Liability of which this Act applies in any year after its completion ratepaye1'S. amount to less than a sum equal to the cost of maintaining

9112 RAILWAYS. Railways Act. 6 Enw. VII. No. 15, and working the railway during such year, together with interest for the same year at the rate of three pounds per centum per annum upon the certified cost of con- struction thereof, then and in every such case the rate- payers of the Railway District shall be liable to make good to the Commissioner the amount of such deficiency. The Commissioner shall in respect of each such year;. by a certificate under his hand and published in the Gazette, declare whether or not such deficiency exists, and the amount of such deficiency, if any. • When any railway to which this Act applies is so situated that it may be worked in connection with or in any manner in co~ petition with any other State railway, it shall be the duty of the Commissioner, as far as practic- able, to fix and collect uniform rates and charges in respect of the carriage of goods, live stock, parcels, and passengers upon each of such railways: Provided that for the first year the account shall be kept and certified to from the date of the completion of the railway until the first day of July next ensuing, and such period shall for the purposes of this Act be deemed to be a year, unless such period is less than three months, in which case any such deficiency shall be added to and be deemed to form part of the capital cost of construction of the railway. How deficiency to be made good. 7. The deficiency aforesaid in respect of any such railway shall be paid and made good by means of a Railway Rate levied upon the ratepayers of the Railway District and by the contribution of the Treasurer as hereinafter provided. Valuation. [·Sic in Gazette; semble "with.."] 8. For the purposes of this Act each Local Authority any part of whose Area is comprised within the Railway District shall cause to be made a valuation of the rateable lands situated within its Area and within the Rail way ~ ~cl. . For the purposes of such valuation all the provisions of the Local Authorities Act shall be applicable so far as the same can be applied within* the following modifications :- (a) To the value of each portion of rateable land ascertained in accordance with the rules set forth in the Local Authorities Act there shall be added the amount of enhancement of capital value (exclusive of any improvements) whicl1

RAILWAYS. 911~ 1906. Railways Act. the construction of the railway has effected ~ n each such portion, and the total value as so ascertained shall be the value of the land for the purposes of this Act; (b) The value of land held under lease or license from the Crown under the laws in force for the time being relating to the occupation and use of Crown lands (not being a grazing farm or grazing homestead or land which under those laws may be acquired in fee-simple by the· occupier or his successor in interest) shall be deemed to be a sum equal to forty times the amount of the annual rent payable to the Crown under the lease or license at the time when the valuation is made. Save as aforesaid, the rules of valuation prescribed by section one hundred and ninety-five of the Local Autho. rities Act shall be applied. 9. A railway constructed under this Act shall not be Application deemed to be a public wQrk for t.he purposes of section ~ a~ dll~ ~ eleven of " The Land Act, 1902,"* and to that extent the 1902, said section shall have no application to any lands situated restricted. within any Railway District. 10. Notice of the valuation of each portion of rate- Noticedf able land and of the amount thereof shall be given to va! la! ih~ f each ratepayer in manner provided by the Local Authorities : ; pe~ f 0 Act. A ratepayer shall have the same right of appeal from such valuation as in cases of valuations under that Act, and as nearly as may be the same proceedings shall be had with respect thereto. 11. Each Local Authority shall, when and so often Railway Rate. as is required, for the purpose of raising a sum of money which; when added to the amount of the Rate levied and collected by any uther Local Authority of the Railway District and the contriblltion of the Treasurer as herein- after provided, will be sufficient to make good the deficiency aforesaid in respect of any year, make and levy a ~ ailway Rate upon all rateable land situated within its Area and within the Railway District, in accordance with the valua- tion hereinbefore prescribed, of such an amount as will be sufficient to provide its proportion of the said moneys; • 2 Edw. VII. No. 18, supra, page 8313.

9ii4. RAILWAYS. Railwa!Js Act. 6 Enw. VII. No. 15, and each such Local Authority shall be liable to the Commissioner for its proportion of the said moneys as for a debt. Each such Local Authority shall include in such Rate an amount to cover the expenses of valuation and the making, levy, and collection of the Rate not exceeding five pounds for everyone hundred pounds of the amount required to be levied. Such Rate shall be paid and borne by the ratepayers of the Railway District. A. yplioation of l.ocal Authorities Act. Additional provisions. 12. All the provisions of the Local Authorities Act relating to the making, levy, collection, paym~ nt, recovery, and enforcement of general rates under that Act shall be applicable to the making, levy, collection, payment, recovery, and enforcement of the Railway Rate, so far as "Such provisions can be applied: Provided that, in addition to those provisions, the following provisions shall be applicable to all Railway Rates:- (i.) If the Railway District comprises rateable lands of two or more Local Authorities- (a) Such Local Authorities shall jointly appoint and pay a valuer, who shall value the whole of the rateable lands within the Railway District; and, if within thirty days after notice in that behalf by the Commissioner such valuer is not appointed, the Commis- sioner shall appoint a valuer for the purpose and fix his salary, and such valuer shall be deemed to have been appointed by and shall be paid by the Local Authorities concerned: (b) The Commissioner shall, whenever necessary, apportion the liability ofeach Local Authority concerned: (c) The Rate made and levied by each such Local Authority shall, in all cases, be of the same amount for every pound of the value of such lands; (ii.) If any ratepayer makes default in the payment of such Rate within sixty days after the same is levied, there shall be added to the amount a further sum, by way of penalty, equal to six pounds per centuIIl the!eof; ~nd such penalty shall thereafter be, deemed to be a part of such Rate, and shall be recoverable as such;

RAILWAYS. 9115 1906. Railways Act. (iii.) The amount of any Rate may be recovered ·by the Commissioner by action in any court of competent jurisdiction from the owner or occupier for the time being of the land, in respect of which the same is due and payable, notwithstanding any change that may have taken place in such. ownership; . (iv.) The total amount of such Rates, after deduct. ing therefrom any sums paid from time to time on account thereof, shall be and remain, a charge upon the land, notwithstanding any, change in the ownership thereof, and in priority to any mortgage, encumbrahce, . or other charge whatsoever thereon, until such Rates are paid. 13. If a Local Authority refuses or neglects to levjEnfor.eement taondmcaoklelegcot oidtsapnryopd- oefritiCeolnenocfythase aafmoroeusnaitdofinmaonnyeyyreeaqru', ih t r , ede mROaif. Rsetiaobylnlweocra. my . Commissioner may levy and collect a Railway Rate of the, required amount, and for that purpose shall have all the powers conferred upon a Local Authority by the Local Authorities Act in respect of the valuation of rateable land and the levy, collection, and enforcement of the payment of rates. 14. Each Local Authority shall pay over to the Com- Local missioner the amount fOI" which it is liable in respect of the Authority to Railway Rate in any year after deducting the amount by ~ ~ io~ ~ : ~ " way of expenses hereinbefore prescribed, and all such sums shall be placed by the Commissioner to the credit of ,the' ~ccount of the railway in re&.pect of which they have been collected. 15. (1.) The Treasurer shall be deemed to be the ConLribution ()ccupier of all vacant land within the Railway District by 'freasurer. which is vested in His Majesty. " (2.) When, and so often as it becomes necessary for the purposes of this Act, the Governor in Council shall, py notification in the Gazette, declare the capital value (including enhancement as aforesaid) of all such land exclusive of any improvements. Within one month after such notification is so published, any Local Authority of the Railway District may give notice to the Tr~asurer that it disputes the amount of such value, and there- p.pon the question of such value shall be referred to the Land Court constituted, under" The Land Act, 1891:"· .. 61 Vie. No. 25, suprd; page 6228. .

9116 RAILWAYS. Railways Act. 6 Enw. VII. No. 15, 1906. The Land Court shall accordingly hear and determine the question, and for that purpose shall have the powers and jurisdiction which it has in the case of inquiries under the said lastmentioned Act; and its determination' of the value shall be final and without appeal. (3.) The value so declared or determined as aforesaid shall be the valuation of the said land for the purposes of this Act so long as the same remains vested in His Majesty and not subject to any lease or license, until a fresh value has been declared or determined in manner aforesaid. (4.) When and so often as it becomes necessary to make good the deficiency aforesaid, the Treasurer shall, out of the Consolidated Revenue which is hereby appro- priated for the purpose, pay to the Commissioner in respect of all the lands situated within the Railway District, whereof the Treasurer is by tliis Act declared to be the occupier, a sum of money by way of contribution calculated at the same rate for every pound of the aforesaid value of such lands as the Railway Rate levied by the Local Authority or Local Authorities of the Railway District for the same year. (5.) Every such contribution shall be placed by the Commissioner to the credit of the account of the railway in respect of which it is paid. When 16. Whenever in respect of any railway to which this arantdeP: rraeyaerssurer Act • applies the earning ' s • have for each year during a may be perIod of three consecutIve years been of such amount released. that no such deficiency as aforesaid has arisen, the Com- missioner shall by his certificate declare accordingly, and thereupon the ratepayers of the Railway District and the Treasurer shall be released from all liability imposed by this Act, and this Act shall no longer apply to the said railway. For the purposes of this section, any surplus of the earnings of a railway in any year shall be carried forward to succeeding years towards making good any such deficiency as aforesaid in any such subsequent year. Evidence of 17. A copy of the Gazette purporting to contain any Gazette. notice or Order in Council given or made under this .Act, or any certificate of the Commissioner given for any of the purposes of this Act, shall be conclusive evidence of all the facts therein stated.

REFORMATORIES. 9117 6 EDw. VII. No. 6, 1906. Industrial and Rf'formatory Schools Act. 18. The Governor in Council may from time to time Regulations. make all such Regulations as he thinks fit- ( a) For adjusting the amount of credit to be give.n for traffic brought by or to a railway to which this Act applies to or by any other State railway; (b) Generally for the purpose of giving full effect to this Act. All such Regulations, upon publication in the Gazette, shall have the same effect as if they were enacted in the Act, and shall not be questioned in any proceedings what- soever. REAL PROPERTY (ANCIENT LIGHTS). See LIGHT. REFORMATORIES. An Act to Amend the" Industrial and Reformatory 6 Edw. VII. Schools Act of 1865." [ ASSEN1'ED TO 19TH OCTOBER, 1. 906. ] ~ ~ : . RSIECNFHDOOURAOSMNLTADSRTIAAOCLRTY B E it enacted by the King's Most Excellent Majesty, t~Eg~r~ ~ by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and bv the authoritvof the same, as follows : - ~ • 1. This Act may be cited as "The Industrial and Short title Reformatory Schools Act Amendment Act of 1906," and ~ ~~ struction shall be read as one with the "Ind1lstrial and Reforma- of Act. tory Schools Act of 1865,"* herein called the Principal Act; the Principal Act and this Act may together be cited as " The Indttstrial and Reformatory Schools Acts, 1865 to 1906." 2. In section five of the Principal Act, the words Ame~ dl1? - ent " Every boy and b airl under the age of fifteen years shall o A f ct P , r s ll . lC 5. lpal he deemed to be a 'child' within the meaning and for the purposes of this Act and" are repealed; also the word "such" before the word" boy" is repealed. '* 29 Vic. No. 8, supra, page 2213.