Railways Acts Amendment Act of 1955 (No. 2) (4 Eliz Ii No. 31) (Qld)

RAILWAYS AND TRAMWAYS. 4 E liz . II. No. 31, 1955. Railways Acts Amendment Act. 291 RAILWAYS AND TRAMWAYS. An Act to Amend “ The Railways Acts, 1914 to 4 N E o l . iz 3 . 1 i . i . T hb 1955,” in certain particulars, and for other R a A il c w ts ays purposes. A mendment A ct of 1955 (No. 2). [A ssented to 21 st N ovember , 1955.] E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— 1. (1.) This Act may be cited as “ The Railways Short title. Acts Amendment Act of 1955 (No. 2).” (2.) *“ The Railways Acts, 1914 to 1955,” are in this Principal Act referred to as the Principal Act. Act‘ (3.) The Principal Act and this Act may be Collective collectively cited as “ The Railways Acts, 1914 to 1955.”tltle- 2. The following section is inserted after section New s. 5. five of the Principal Act, namely :— inserted. “ [5 a .] Save where qualified by a word or words Head of assigning or indicating some other meaning — branch. (a) A reference in this Act to head of the branch or to a head of a branch shall be read as referring to the person who, in relation to the branch in question, is head of branch under and within the meaning of the rules made by the Commissioner by by-law for the guidance of employees as in force for the time being and, when another person is acting temporarily in the office of, or performing the duties of, a person hereinbefore specified in this paragraph (a), then to that other person; and (b) A reference in this Act to a branch shall be read as referring to a section, part or portion (including employees in a section, part or portion) of the Department in respect whereof a person is head of branch as specified in paragraph (a) of this section.”. * 5 G. 5 No. 24 and amending Acts.

292 RAILWAYS AND TRAMWAYS. Railways Acts Amendment Act. 4 E liz . II. No. 31, Aofmse. n2d1m. ents amen3d.ed( 1—.) Section twenty-one of the Principal Act is (а) By repealing in subsection one the words “ senior employee ” and inserting, in lieu of those repealed words, the words “ senior applicant ” ; (б) By repealing in subsection one the words “if he is competent to fill the vacancy and applies for the same ” and inserting, in lieu of those repealed words, the words “ who is competent to fill the vacancy ” ; (c) By inserting in subsection two, after the word “ employee ”, the words “ on the permanent staff ” ; (d) By inserting in subsection three, after the word “ employee ”, the words “ on the permanent staff ” ; and (e) By adding to subsection three the following proviso, namely— “ Provided that, notwithstanding any other provision of this section, where, consequent on the success of his appeal, an appellant is appointed to fill a vacancy, such an appeal shall not lie against the appointment of that appellant to fill that vacancy save by another employee whose appeal against the appointment first made to fill that vacancy also succeeded.”. (2.) Save appeals heard and determined before the passing of this Act, section twenty-one of the Principal Act as amended by this Act applies to appeals against appointments made on and after the twentieth day of April, one thousand nine hundred and fifty-five, irrespective of whether the vacancy in question occurred before, on or after that lastmentioned date. Where necessary the grounds as set forth therein of an appeal lodged with the Secretary before the passing of this Act shall be amended to give effect to this subsection in relation to that appeal. Amendments of s. 23. 4. Section twenty-three of the Principal Act is amended— (a) By repealing in subsection one the words “ The head of each branch of the service or officer acting in that capacity in each of the

RAILWAYS AND TRAMWAYS. 1955. Railways Acts Amendment Act. Divisions of the State ” and inserting, in lieu of those repealed words, the words “ A head of branch ” ; and (b) By inserting in subsection two, before the word “ staff”, the word “ permanent 5 The following section is inserted after section ?ievLs-37A thirty-seven of the Principal Act:— inse ‘ “ [37 a .] (2.) In this section “electric lines ” and Electric works have the meanings assigned thereto respectively by *“ The Electric Light and Power Acts, 1896 to 1946.” (2.) The Commissioner may use, either in addition to or substitution for any other system of traction on a railway or part of a railway, any system of electric traction of which he may approve and may construct, maintain and use such electric lines and other works as he deems necessary for such system of electric traction. (3.) All electric lines and works for or in connection with a system of electric traction on a railway or part of a railway shall for the purposes of this Act be deemed to be included in and to be part of the railway in question. Without limit to the generality of the foregoing provisions of this section, section thirty-seven of this Act shall apply with respect to any and every such electric line or works. (4.) Before any electric lines or works to which this section applies are constructed along, over or under any road the Commissioner shall inform himself as to what other electric lines, pipes for conveying gas or water or for purposes of drainage or sewerage, and other works or things connected with the supply of electricity, gas or water or any purpose of drainage or sewerage are in, along, over or under that road, and shall make with the authority or person by whom the same are being maintained arrangements (including arrangements with respect to altering or removing any of the aforementioned) for preventing as far as may be damage, loss, injury or interference either to or with the electric lines or works of the Commissioner by any of the aforementioned or to or with any of the aforementioned by the electric lines or works of the Commissioner. * 60 V. No. 24 and amending Acts.

294 RAILWAYS AND TRAMWAYS. Railways Acts Amendment Act. 4 E liz . II. No. 31, If the Commissioner and such an authority or person are unable to agree upon arrangements as aforesaid the Governor in Council may by Order in Council determine those arrangements. The Commissioner shall make adequate compensation to any such authority or person for any damage sustained by it or him by reason of the construction of electric lines or works along, over or under the road. The Commissioner may agree with the claimant upon the amount of compensation to be made or he may refer the claim to the Land Court for hearing and determination. The Land Court shall hear and determine any and every such claim referred to it by the Commissioner.”. New s. 75 a inserted. Closure of railway. 6. The following section is inserted after section seventy-five of the Principal Act, namely :— “ [75 a .] (1.) If the Governor in Council is satisfied that it is no longer necessary to continue maintaining a railway or part of a railway to meet the convenience and requirements of the public for the carriage of themselves and their goods the Governor in Council may authorise the Commissioner to cease maintaining that railway or part. (2.) Notwithstanding any other provision of this Act, the Commissioner may cease to maintain any railway or part of a railway upon being thereunto authorised by the Governor in Council under this section and may— (а) Dispose of the railway or part of a railway in question, or any portion thereof, or lift, take up, dismantle and remove the same or any portion thereof; and (б) Surrender to the Crown or sell or dispose otherwise of the land or any of the land appurtenant thereto. (3.) Upon being authorised under this section to cease maintaining a railway or part of a railway, the Commissioner may make arrangements with owners and occupiers of lands intersected by that railway or part, releasing the Commissioner from his obligations with respect to the maintenance thereafter of any bridge or

RAILWAYS AND TRAMWAYS. 1955. Railways Acts Amendment Act. other accommodation works to which section seventy- three of this Act applies, made in relation to those lands, or any of them, by the Commissioner pursuant to his obligations under this Act. For enabling the Commissioner to make arrangements as aforesaid he may dispose of, to the owner of any of the intersected or adjoining lands in question, any of the land appurtenant to the railway or part of a railway, or the Governor in Council may, in the name of Her Majesty, grant in fee-simple or demise to any such owner any land so appurtenant which has been surrendered by the Commissioner to the Crown. Such a demise may be upon such leasehold tenure under *“The LandActs, 1910 to 1955,” as the Governor in Council deems appropriate in the circumstances. If the Governor in Council is satisfied that an owner or occupier of land has refused or failed to make with the Commissioner arrangements as aforesaid upon just terms, the Governor in Council may release the Commissioner from the obligations in question upon such terms as the Governor in Council deems just. (4.) Upon the Commissioner being authorised under this section to cease maintaining a railway or part of a railway, the Commissioner shall no longer be subject to or incur any obligation or liability in respect of any bridge or other works whereby any road is carried across, over or under that railway or part: Provided that the Local Authority for the Area in question (or, in the case of a road to which f“ The Main Roads Acts, 1920 to 1952,” apply, the Commissioner for Main Roads) shall continue to be subject in respect of that bridge or works to the duties and responsibilities imposed on Local Authorities by law in respect of bridges and like works comprised in roads, save where the Commissioner shall- have disposed of the railway or part of a railway in question to a person upon terms imposing upon that person obligations and liabilities with respect to the maintenance of that bridge or other works. (5.) This section applies so as not to prejudice the Commissioner in relation to railways and parts of railways which he ceased to maintain prior to the * 1 G. 5 No. 15 and amending Acts, t 10 G. 5 No, 26 and amending Acts. 295

296 RAILWAYS AND TRAMWAYS. Railways Acts Amendment Act. 4 E liz . II. No. 31, enactment of this section, it being hereby declared that the Commissioner is and always was authorised and empowered to cease to maintain those railways and parts of railways. On and from the date of the enactment of this section, subsections two, three and four hereof shall apply to railways and parts of railways hereinbefore mentioned in this subsection as if the Commissioner had ceased to maintain them with the authority of the Governor in Council after the enactment of this section.”. Repeal of 7. Section one hundred and five of the Principal as.nd105n.ew Act is repealed and, in lieu of that section, the following section is inserted, namely :— Private “ [105.] (1.) Subject to this section, a branch railway brarailnwcahys or siding may be constructed, maintained and worked in and sidings. connection with a railway. (2.) Connection of a branch railway or siding with a railway shall not be made without the consent in writing of the Commissioner (and he may in any particular case grant or refuse to grant such consent according as he, in his absolute discretion, deems fit). (3.) Subject to the arrangements made under this section in respect of a branch railway or siding connected with a railway, the Commissioner may, at any time after giving three months’ notice to the owner thereof, close or remove the connection with the railway of that branch or siding. Upon closing or removing the connection with a railway of a branch or siding the Commissioner may require the owner of that branch or siding to lift, take up, dismantle, and remove so much of that branch or siding as is situated upon land the property of the Commissioner, and if that owner fails so to do within the time allowed by the Commissioner, the Commissioner may, at the risk of that owner, lift, take up, dismantle, and remove the same and stack and store all rails and other materials derived from so doing and the Commissioner may recover from that owner all expenses incurred by him in so doing. This subsection shall not affect the power of the Commissioner to refuse without prior notice to run trains, locomotives or rolling stock over or to work otherwise any such branch or siding for that the same

RAILWAYS AND TRAMWAYS. 1955. Railways Acts Amendment Act. is in his opinion not in a condition satisfactory for the running thereover of his locomotives or rolling stock (it being hereby declared that the Commissioner may in his absolute discretion so refuse without any prior notice whatsoever and continue such refusal until he is satisfied that the branch or siding in question has been put in a condition satisfactory as aforesaid). (4.) The Commissioner may make, with a person desiring to connect a branch railway or siding with a railway, arrangements with respect to the construction, maintenance and working thereof. Without limit to the generality of the foregoing provisions of this subsection, such arrangements may provide for— (i.) Defining what fines of rails, works, structures and other things are to be constructed and maintained as or for purposes of the branch or siding; (ii.) The construction and maintenance of the branch or siding either by the person desiring the branch or siding or, at the option of the Commissioner, by the Commissioner on behalf of that person ; (iii.) The standards of workmanship and materials to which the branch or siding (including the fines of rails, works, structures and other things appurtenant thereto) is to be constructed and maintained; (iv.) Payment by the person desiring the branch or siding to the Commissioner for all work of constructing and maintaining the branch or siding performed by the Commissioner pursuant to the arrangements ; (v.) The powers and remedies of the Commissioner in the event of the person who is the other party to the arrangements failing in any respect to comply with the arrangements, but so that all such powers and remedies shall be had and may be exercised by the Commissioner additionally and without prejudice to those had by him under this Act in respect of the branch or siding the subject of the arrangements concerned ;

RAILWAYS AND TRAMWAYS. Railways Acts Amendment Act. 4 E liz . II. No. 31, (vi.) The working by the Commissioner of the branch or siding including the running thereover by him of trains, locomotives and rolling stock, or any of them, and the rights, if any, of the person who is the other party to the arrangements with respect to running trains, locomotives and rolling stock, or any of them, over the railway in question ; (vii.) Controlling and regulating or, at the option of the Commissioner, prohibiting the working otherwise than by the Commissioner of the branch or siding, including controlling and regulating or, at the option of the Commissioner, prohibiting the running thereover (or over a part thereof within a specified distance from the connection with the railway in question) otherwise than by him of trains, locomotives and rolling stock, or any of them ; (viii.) The rent to be paid to the Commissioner in respect of so much of the branch or siding as is situated on land vested in him, the charges to be paid to him for carrying passengers and goods, or either, or for running trains, locomotives and rolling stock, or any of them, over the branch or siding and for performing shunting operations thereon or in connection therewith, the conditions relating to the carriage of passengers by the Commissioner over the branch or siding, and the conditions relating to both the delivery at the branch or siding of goods conveyed thereto by the Commissioner and the receipt thereat of goods for conveyance therefrom by the Commissioner; (ix.) The use by the Commissioner of the branch or siding for purposes not connected with the business of the person who is the other party to the arrangements, including the use jointly in connection with the businesses of more persons than one of so much of a branch or siding as is situated upon land vested in the Commissioner;

1955. RAILWAYS AND TRAMWAYS. Railways Acts Amendment Act. (x.) The matters, things and steps to be done and taken for ensuring that the branch or siding will be constructed and, at all times, maintained and worked efficiently and safely and to the satisfaction of the Commissioner, and the persons by whom those matters, things and steps or any of them are to be done and taken. Arrangements or any provisions of arrangements as aforesaid may be limited in their application to a defined portion of the branch railway or siding the subject thereof. (5.) This section shall apply with respect to the construction, maintenance and working in connection with a railway of a branch railway or siding within the limits of land vested in the Commissioner as well as any and every such branch or siding which (save as necessary to make the connection) is outside the limits of any land so vested. (6.) A person desiring to connect a branch railway or siding with a railway pursuant to arrangements made or proposed to be made under this section, may with the prior permission, granted with the consent of the Governor in Council, of the Local Authority for the Area within which any road is situated (or, in the case of a road to which *“ The Main Roads Acts, 1920 to 1952,” apply, the Commissioner of Main Roads) carry, maintain and work that branch line or siding along, or over, or across (on the level), or under that road. In this subsection the terms “Local Authority” and “Area ” include respectively Brisbane City Council and the Area of the City of Brisbane. Subsection twenty-four of section thirty-five of t“ The Local Government Acts, 1936 to 1954,” shall apply for the purposes of this subsection with and subject to the following modifications :— (i.) The provision limiting permission to a period not exceeding nine years shall not apply and the permission may be granted without limit of time save that, if the Governor in Council * 10 G. 5 No. 26 and amending Acts, t 1 G. 6 No. 1 and amending Acts. 299

RAILWAYS AND TRAMWAYS. Railways Acts Amendment Act. 4 E liz . II. No. 31, fixes a period the permission and, until the Governor in Council otherwise decides, any renewal thereofshall be for the period so fixed ; (ii.) Before determining an appeal the Minister administering *“ The Local Government Acts, 1936 to 1954,” shall consult with the Minister administering this Act and shall have regard to any report made by the Commissioner; (iii.) The permission shall not authorise the permittee to do or to omit to do any act or thing contrary in any respect to the arrangements made by him with the Commissioner. The said subsection twenty-four with and subject to the aforementioned modifications shall also apply so as to enable an appeal as prescribed thereby to be made, heard and determined thereunder against the refusal or neglect of the Commissioner of Main Roads to grant any permission referred to in this subsection. (7.) A branch line or siding to which this section applies may be carried, maintained and worked along, or over or under any river, stream, or other water or watercourse with the prior permission, granted with the consent of the Governor in Council,— (a) Of the Treasurer in any and every case where the permission is related to the carrying of such a branch or siding along, or over or under tidal water, or along, or over or under a river, stream, or other watercourse where the tide ebbs and flows ; and ( b ) In every other case, of the Commissioner of Irrigation and Water Supply. The Treasurer or the Commissioner of Irrigation and Water Supply may in any particular case grant such permission subject to such terms, conditions and restrictions as he deems necessary in the circumstances, and shall grant the same subject to any terms, conditions and restrictions to which the Governor in Council directs him to subject his permission. Upon appeal by the applicant therefor the Governor in Council may direct the issue of any such permission. * 1 G. 6 No. 1 and amending Acts.

1955. RAILWAYS AND TRAMWAYS. Railways Acts Amendment Act. The Commissioner may and is hereby authorised to run trains, locomotives and rolling stock over, and to work otherwise, the part of a branch line or siding carried along, or over or under a river, stream, or other water or watercourse pursuant to permission under this subsection as if that branch or siding were a railway duly carried along, or over or under the river, stream, or other water or watercourse in question. (8.) For and in relation to all purposes of the running by the Commissioner of trains, locomotives and rolling stock over, and the working by him otherwise of, a branch railway or siding connected with a railway, that branch or siding (including any portion thereof along, or over or across or under any road, or along, or over or under any river, stream, or other water or watercourse) shall be deemed to be a railway, and the Commissioner may exercise his powers and authorities under, and shall have the protection and immunities of, this Act accordingly. (9.) Save any liability expressly accepted by him under arrangements made pursuant to this section, the Commissioner shall not be liable in respect of any matter arising out of the presence on any land, or along, or over, or across, or under any road, or along, or over, or under any river, stream, or other water or watercourse of any branch railway or siding connected with a railway or arising out of anything done or omitted to be done by him in respect of the construction or maintenance of such a branch or siding. (10.) This section applies to branch railways and sidings connected to a railway indirectly by means of other such branches or sidings as well as to such branches or sidings directly so connected. (11.) All branch railways and sidings connected with railways immediately prior to the date of the enactment of this section may on and from that date be maintained and worked as prescribed by this section and if carried along, over, across or under a road, or along, over or under a river, stream, or other water or watercourse, shall be deemed to have been so carried with the appropriate prior permission specified in subsection six or subsection seven of this section and the provisions of this section shall apply and extend accordingly:

302 RAILWAYS AND TRAMWAYS. Railways Acts Amendment Act. 4 E liz . II. No. 31, Provided that— (а) Any agreement entered into by the Commissioner with any person in relation to such a branch or siding shall continue in force as if expressly authorised by this section; and (б) Any dispute or doubt arising between Brisbane City Council, other Local Authority, or the Commissioner of Main Roads, or the Treasurer, or the Commissioner of Irrigation and Water Supply and the owner of that branch or siding as to the obligations and responsibilities of that owner in relation to the maintenance, repair or reconstruction of, or the performance of any other act or thing in relation to, the lines of rails, and other works, structures, and things for purposes of carrying the branch or siding along, over, across or under the road in question or along, over or under the river, stream, or other water or watercourse in question, and also, in the case of a road, that part of the roadway lying between and to an agreed upon distance on the outside of the rails, shall be settled by agreement made by them and approved by the Commissioner. If in any case any dispute or doubt specified in paragraph (6) of the proviso to the first paragraph of this subsection cannot be settled by agreement, or the Commissioner refuses to approve of its settlement as agreed upon, then the Governor in Council may determine that dispute or doubt as he deems fit. The siding at Stuart wdthin the Area of the City of Townsville acquired by North Australian Cement Ltd. from the Commonwealth is included in the branch railways and sidings to which this subsection applies.”. Sale of portion of the Isis Branch Railway. 8. (1.) In respect of the portion closed as from the first day of July, one thousand nine hundred and fifty- five, of that portion of the railway called the Isis Branch Railway extending for a distance of approximately thirty miles sixty-three chains beyond Cordalba to Dallarnil in the State of Queensland, the Commissioner is, and it is hereby declared always was, authorised and empowered to make with Isis Central Sugar Mill

RAILWAYS AND TRAMWAYS. 1955. Railways Acts Amendment Act. Company, a company duly incorporated according to the laws of the State of Queensland and carrying on business at Cordalba aforesaid, the agreement dated the third day of October, one thousand nine hundred and fifty-five, a copy of which is set out' in the Schedule to this Act and which is herein in this section referred to as “ the Agreement (2.) The Agreement is hereby approved by this Parliament. The Agreement may be altered from time to time by further agreements made between the Commissioner and Isis Central Sugar Mill Company and approved by the Governor in Council. (3.) The provisions of the Agreement, and of any and every agreement pursuant to which the Agreement is duly altered, shall have the force of law as though the Agreement, or such agreement altering the Agreement, were an enactment of this Act. (4.) When, consequent upon the taking up and removal of that part of the portion of the railway the subject of the Agreement from a point at or beyond Booyal to Dallarnil, the lands comprised under and pursuant to the Agreement in the part taken up and removed again vest in and attach to the Commissioner he may, if the overbridge in question has not been taken up, dismantled and removed pursuant to the Agreement, (а) Make with the owner of portion 157 (formerly Agricultural Farm 1561) County of Cook, Parish of Dallarnil, arrangements releasing the Commissioner from his obligations with respect to the maintenance thereafter of the overbridge referred to in relation to the aforesaid portion 157 in clause twenty-one of the Agreement; and (б) Notify the Local Authority or other appropriate Authority in writing that consequent on the Commissioner having ceased to maintain the railway the subject of the Agreement under due authority, section 75 a of this Act applies with respect to the overbridge referred to in clause twenty-one of the Agreement, which was erected for the purposes of carrying the public roadway referred to in that clause. 303

304 RAILWAYS AND TRAMWAYS. Bailways Acts Amendment Act . 4 E liz . II. No. 31, For the purposes of— (i.) The arrangements referred to in subparagraph (a) of the first paragraph of this subsection, subsection three ; and (ii.) The maintenance on and after the date when the Commissioner gives the notice in writing referred to in subparagraph (6) of the first paragraph of this subsection, the proviso to subsection four, of section 75 a of this Act shall apply as if the Commissioner had been duly authorised under the said section 75 a to discontinue maintaining the portion of the railway the subject of the Agreement. SCHEDULE. A n A greement made the Third day of October, One thousand nine hundred and fifty-five between T he C ommissioner for R ailways the Corporation Sole duly constituted pursuant to section 8 of “ The Railways Acts , 1914 to 1955 ” (hereinafter with his successors and assigns called 44 the Commissioner ”) of the one part and Isis C entral S ugar M ill C ompany L imited a company duly incorporated according to the laws of the State of Queensland and carrying on business at Cordalba in the said State (hereinafter with its successors and assigns called 44 the Company ”) of the other part W hereas there is vested in the Commissioner in accordance with the said Acts the Isis Branch Railway and the lands upon which the said railway is constructed between the fences enclosing the said railway A nd W hereas it has been decided to close as from the First day of July One thousand nine hundred and fifty-five that portion of the said branch railway extending for a distance of approximately thirty miles sixty-three chains beyond Cordalba aforesaid to Dallarnil in the State of Queensland A nd W hereas the Company is desirous of purchasing that portion of the said railway commencing at a point to be determined by the Commissioner at or about nineteen miles from the main railway line and extending for a distance of approximately thirty miles fifty-seven chains eighteen links beyond Cordalba to Dallarnil (hereinafter including all lands buildings structures works matters and conveniences connected therewith or appurtenant thereto called 44 the said railway ”) for the sum of Sixty- five thousand pounds (£65,000) upon the terms and conditions hereinafter set forth A nd W hereas it is the intention of the Company to use the said railway upon the completion of the purchase thereof for the purposes as set out hereunder that is to say :— (a) To rebuild the said railway to a two foot gauge system from the point as determined by the Commissioner as aforesaid at or about nineteen miles from the main railway line to a point at or beyond Booyal in the said State from which sugar cane from the Dallarnil District can be economically hauled by the Company’s tramway;

KAILWAYS AND TRAMWAYS. 1955. Railways Acts Amendment Act. (b) To relay any rails recovered from the said railway after the close of the year One thousand nine hundred and fifty-five and not required for the purposes of rebuilding * as above as tram lines within the Isis cane areas in localities such as the Soldier Settlement area and such as areas where newly assigned lands have been opened up for the growing of sugar cane ; (c) To use and dispose of the said railway so as to cause as little interference as possible to the economic position of the communities residing in the Booyal and Dallarnil Districts; A nd W hereas the Commissioner has agreed to the sale of the said railway subject to the sanction of the Parliament of the State of Queensland being obtained thereto A nd W hereas pending the completion of the said sale the Company is desirous of operating working and maintaining the said railway upon the terms and conditions hereinafter set forth Now it is H ereby A greed and D eclared by the parties hereto as follows :— 1. This agreement shall except as otherwise hereinafter provided be subject to the sanction of the Parliament of the State of Queensland on or before the Thirty-first day of December One thousand nine hundred and fifty-five. 2. The Commissioner shall sell and the Company shall purchase the said railway as it exists at the date of these presents including the lands between the fences enclosing the said railway (but excluding any public road street or highway or part thereof so enclosed between the said fences) permanent way bridges water supply including pumping plant reticulation and storage tank signalling equipment gates (the property of the Commissioner) fences and buildings (which buildings are more particularly set out in the Schedule hereto). 3. The rights powers privileges and immunities of the Company in the use and operation of the said railway including any railway line laid down and constructed in accordance with Clause 15 hereof shall be those of the owner of a sugar mill duly authorised and permitted according to law to construct maintain alter repair manage work and use a tramline for the purposes of the harvesting or supply or delivery of sugar cane to such mill as aforesaid and not otherwise and any grants directions authorisations permits or consents necessary or requisite under any statute or any regulations or by-laws made thereunder including any such grants directions authorisations permits or consents required directly or indirectly under or pursuant to 4 4 The Regulation of Sugar Cane Prices Acts, 1915 to 1954 ” or the regulations thereunder or 44 The Local Government Acts, 1936 to 1955 ” shall be deemed to have been duly made and given. 4. For the purposes of the preceding clause it shall be lawful for the Company and all persons authorised by it to construct maintain alter repair manage work and use the said railway as a tramway in along upon across under or over any of the lands upon which the said railway is presently constructed or laid any land purchased or acquired by the Company pursuant to these presents and any road or bridge in along upon across under or over which the said railway is so constructed or laid and situate within the area of any Local '305

RAILWAYS AND TRAMWAYS. Railways Acts Amendment Act. 4 E liz . II. No. 31, Authority and any river stream or other water or watercourse in along upon across under or over which the said railway is so constructed or laid but not so as to authorise the said Company to construct maintain alter repair manage work use the said railway over any part of the said roads or bridges river stream or other water or watercourse situate outside the alignment of the fences enclosing the said railway and it shall be lawful for the Company and all persons authorised by it to provide for use and use and employ on the said railway such locomotive engines (whether steam engines or engines motivated by any power other than steam) other motive power and rolling stock to be drawn or propelled thereby as the Company deems necessary for the efficient working and use for the purposes aforesaid of the said railway. 5. In the construction maintenance alteration repair management working and use of the said railway the duties obligations responsibilities and disabilities of the Company and all persons authorised by it shall be the duties obligations responsibilities and disabilities imposed by law from time to time upon the owner of a sugar mill in respect of a tramway used by him for the harvesting or supply or delivery to such mill of sugar cane. 6 . The telegraph and telephone line erected along the route of the said railway and which carries certain wires attachments fittings or apparatus the property of the Postmaster-General of the Commonwealth of Australia shall not be included in the sale of the railway save and except one wire the property of the Commissioner between Cordalba aforesaid and the point at or beyond Booyal aforesaid where the two foot gauge system of the Company shall terminate as hereinbefore mentioned and the right of the Company to use the poles thereof free of cost for the carrying of the said wire. The said Postmaster-General will be granted the option of taking over the said telegraph and telephone fine or any part thereof as the Commissioner may determine subject to the ownership by the Company of the aforesaid wire and to the right of the Company to use the poles thereof free of cost for the carrying of the said wire and subject to the further condition that the Company shall at all reasonable times be at liberty to carry out maintenance on the said wire and these presents shall be subject to the rights of the Postmaster- General in respect thereof. Any necessary permissions for the use by the Company of the said wire for telephonic or telegraphic purposes shall be a matter for arrangement between the Company and the Postmaster-General. In the event of the Postmaster-General not exercising the said option wholly or in part the said telegraph and telephone line or the part thereof not so taken over but not including the wires attachments fittings or apparatus the property of the Postmaster-General shall pass to and become the property of the Company in accordance with these presents. 7. The Company shall pay to the Commissioner the sum of Sixty-five thousand pounds (£65,000) as purchase money hereunder (hereinafter referred to as “ the said purchase money ”). 8 . Notwithstanding anything herein contained to the contrary possession of the said railway shall be deemed to have been given to and taken by the Company on the Twenty-second day of July One thousand nine hundred and fifty-five.

RAILWAYS AND TRAMWAYS. 1955. Railways Acts Amendment Act. 9. The said purchase money shall be paid free of exchange to the Commissioner at his office Anzac Square Brisbane in the said State or elsewhere at the option of the Commissioner in the manner following that is to say :— (i.) the sum of Twenty-five thousand pounds (£25,000) within seven (7) days after the obtaining of the said sanction of Parliament; and (ii.) the balance thereof by consecutive annual instalments of Ten thousand pounds (£10,000) each on the First day of October in every year until the whole of the purchase money shall be fully paid the first of such instalments to be paid on the First day of October One thousand nine hundred and fifty-six. 10. So long as the said purchase money or any part or parts thereof respectively shall be owing to the Commissioner the Company shall pay interest thereon free of exchange to the Commissioner at his office Anzac Square Brisbane aforesaid or elsewhere at the option of the Commissioner at the rate of Four pounds twelve shillings and six pence per centum per annum by half-yearly payments on the Thirtieth day of March and the Thirtieth day of September in every year until the whole of the said purchase money shall be fully paid the first of such half-yearly payments to be made on the Thirtieth day of March One thousand nine hundred and fifty-six and all such interest shall be deemed to accrue annually on the last day of September in every year until the whole of the said purchase money shall be fully paid and for the purpose of such adjustment be calculated on the purchase money or on so much of the balance thereof as shall be owing at the beginning of the year then concluded and if the interest hereinbefore made payable or any part thereof shall not be paid at the time and in the manner hereinbefore set out then on the day on which such interest shall accrue all interest then accrued due shall thereupon be treated as if converted into purchase money and interest after the rate aforesaid shall henceforth become payable in respect of such increased purchase money and the Company shall pay to the Commissioner in the manner hereinbefore set forth such increased purchase money and all interest to accrue due thereon. 11. If at any time the Company shall make default in duly paying on any of the days hereinbefore appointed any payment of interest or any instalment hereinbefore agreed to be paid by the Company in reduction of the said purchase money or of the balance of the purchase money remaining owing and unpaid then notwithstanding the waiver of any previous default or the provisions of Clause 10 hereof the whole of the purchase money or the balance thereof for the time being remaining unpaid and all other moneys payable hereby to the Commissioner shall become immediately due notwithstanding that the time of payment shall not have arrived and on demand by the Commissioner the Company will pay the same to the Commissioner with interest thereon at the rate aforesaid to date of payment. 12. The sale and purchase of the said railway shall be complete upon the obtaining of the said sanction of Parliament to this agreement and upon the payment of the whole of the said purchase money all the property right title and interest of the Commissioner in the said 307

308 RAILWAYS AND TRAMWAYS. Railways Acts Amendment Act. 4 E liz . II. No. 31, railway whether real or personal and all other assets of whatever description comprised therein including any bridge constructed in connection with the said railway and/or in upon across or along or under which the permanent way of the said railway is constructed or laid and which bridge is not constructed or erected on land within the fences enclosing the said railway limited however in so far as land is concerned to the lands between the fences enclosing the said railway but excluding any public road street or highway or part thereof so enclosed between the said fences shall without any transfer assignment or conveyance or notice other than this agreement be divested from the Commissioner and shall be vested in and shall attach to the Company provided however that upon the completion of the taking up and removal by the Company of the said railway from a point at or beyond Booyal aforesaid to Dallarnil aforesaid the right title and interest of the Company in that part of the aforesaid lands comprised in the lastmentioned section of the said railway under and pursuant to these presents and the accommodation works erected by the Commissioner on the said lands shall without any transfer assignment or conveyance or notice other than this agreement be divested from the Company and shall be vested in and shall attach to the Commissioner. Provided further that if the Company should require that the cottages erected in the Station yard at Munderbong and Dallarnil aforesaid respectively remain in the locations in which they are erected at the date of these presents and gives due notice in writing to that effect to the Commissioner not less than thirty (30) days prior to the completion of the aforesaid taking up and removal of the said railway beyond Booyal aforesaid the said cottages and all outbuildings appurtenant thereto and the lands upon which the said cottages and outbuildings are erected situate within the fences enclosing the said cottages and outbuildings and in the case of the cottage at Dallarnil aforesaid for the purposes of access together with a strip of land twenty-two (22) feet in width or such other area as the Commissioner at the request of the Company may determine running in a straight line from the western corner of the said fences enclosing the said cottage at Dallarnil aforesaid in a south westerly direction to the fence enclosing the said railway at Dallarnil aforesaid shall not be divested from the Company but remain vested in and attached to the Company as aforesaid. 13. In so far as the land upon which the water supply of the said railway is situated is not land between the fences enclosing the said railway it shall be lawful for the Company to divert by means of a pump and pipe line such water from the land reserved for water for railway purposes being Reserve No. 675 County of Cook Parish of Stanton and from which water was diverted for the purposes of the said railway prior to its closure as aforesaid as it may from time to time reasonably require for supply to and use in connection with the said railway used as a tramway as aforesaid and for that purpose the Company may maintain alter repair and operate at the Company’s cost and expense and in the positions in which they are constructed erected or laid as at the date of these presents any dams buildings pumping plant and pipe lines so constructed erected or laid on the land so reserved and used as aforesaid and it shall be further lawful for the Company for the purposes of the said water supply to maintain alter repair and operate at the Company’s cost and expense and in

RAILWAYS AN)D TRAMWAYS. 1955. Railways Acts Amendment Act. the position in which it is construeeted erected or laid at the date of these presents any pipe line so coni.structed erected or laid on Reserve No. 674 being a Reserve for campin: and water purposes in the County of Cook Parish of Stanton under th~< e control of the Isis Shire Council and any grants directions authorisations permits or consents necessary or requisite under any statute or any regulations or by-laws made thereunder shall be deemed to have been duly made and given. But nothing herein contained shall be taken or held to impose upon the Commissioner any duty or liability to provide water or to maintain alter repair and operate the said water supply or any of the works appurtenant thereto. For the exercise of all or any o: >£ the rights conferred by this clause the Company its agents and servantss may from time to time and at all reasonable times enter re-enter and remain upon the lands so reserved and used as aforesaid being the aforesaid Reserves Nos. 674 and 675. 14. As from the First day of October One thousand nine hundred and fifty-five until the completion of the rebuilding of the said railway as a two foot gauge system but not beyond a period of two years from the date of these presents unless *he Commissioner otherwise determines the Company for the purposes of passing and re-passing from the Company’s mill at Cordalba aforesaid to the point of commencement of the said railway (the subject matter of this agreement for purchase by the Company) shall have the right to run over and use with such engines vans and wagons as may be approved by the Commissioner from time to time and officers and servants in charge of such engines and trains and for the purposes of traffic of all descriptions which the Company may lawfully carry upon the said railway used as a tramway for purposes of harvesting or supply or delivery of sugar cane to the Company’s mill aforesaid that portion of the Commissioner’s railway situated at the Cordalba Railway Station between the point of commencement of the said railway to be acquired by the Company by virtue of this agreement and the Company’s mill at Cordalba aforesaid including any part of the said portion of the Commissioner’s railway at Cordalba which is constructed over a public road street or highway provided that in the exercise and enjoyment of such right of running over and using the said portion of the Commissioner’s railway at Cordalba the Company its agents and servants shall at all times be subject to the control and direction of the Station master at Cordalba aforesaid or other the person for the time being performing the duties of the Station master at Cordalba aforesaid or other the person for the time being charged with the control of the Commissioner’s railway at Cordalba aforesaid (hereinafter referred to as 44 the Station master at Cordalba ”) whether as to time of exercising and enjoyment speed size of train or part or parts of the Commissioner’s railway over which the said right is to be enjoyed or otherwise requisite for the safe and proper working of the Commissioner’s railway at Cordalba aforesaid and provided further that the Company shall not at any time exercise and enjoy nor permit or allow its agents and servants to exercise and enjoy the said right of running over and using the Commissioner’s railway as aforesaid without the permission of the Station master at Cordalba first had and obtained nor otherwise than in accordance with the directions of the Station master at Cordalba. In the event of the Company 309

310 RAILWAYS AND TRAMWAYS. Railways Acts Amendment Act. 4 E liz . II. No. 31, requiring to exercise the said right of running over and use of the said portion of the Commissioner’s railway at Cordalba at a time or times which are not within the regular hours of duty of the officers and servants of the Commissioner at Cordalba and which would necessitate the payment to any of such officers and servants of overtime penalty time extra rates of pay or for hours not usually worked and should the Station master at Cordalba agree to the exercise of the said right at such time or times the Company shall pay to the Commissioner the amount of the overtime penalty time extra rates of pay or of payment for hours not usually worked so paid by the Commissioner and in the event of the non-payment of any such amount the same shall be recoverable by the Commissioner as a debt due by the Company. All instructions and/or directions whether verbal or in writing given by the Station master at Cordalba to any agent officer servant or other person acting for the Company in the exercise and enjoyment or the purported exercise and enjoyment of the rights conferred by this clause shall be as binding upon the Company as if such instructions were given to the Company. 15. Upon the completion by the Company of the rebuilding of the said railway as a two foot gauge system and for the purpose of connecting the said railway with the Company’s mill at Cordalba aforesaid and until the Commissioner shall at any time in his sole discretion otherwise determine the Company shall have the right at the cost and expense of the Company of laying down and constructing with all proper and necessary materials a single line of two foot gauge railway in and over the lands of the Commissioner at Cordalba along such route and in such location as the Commissioner in his sole discretion may determine and in and over any part of a public road street or highway in and over which the said route as determined by the Commissioner shall pass and subject to such determination by the Commissioner as aforesaid the Company shall have right to pass and re-pass along the said two foot gauge line through and over the said lands of the Commissioner and the said part of a road street or highway with engines vans and wagons and officers and servants in charge of such engines and trains and for the purpose of traffic of all descriptions which the Company may lawfully carry upon the said railway used as a tramway for purposes of harvesting or supply or delivery of sugar cane to the Company’s mill at Cordalba aforesaid but subject always to the control and direction of the Station master at Cordalba and the Company shall not exercise and enjoy nor permit or allow its officers and servants to exercise and enjoy the said right of passing and re-passing as provided by this clause otherwise than in accordance with the directions of the Station master at Cordalba whether as to time speed size of train or otherwise whatsoever; Provided that if at any time the Commissioner shall determine the powers and rights conferred upon the Company by this clause or shall require the Company to take up and relay the single line of two foot gauge railway laid down and constructed in accordance with the aforesaid powers and rights the Company shall within three months after receipt of notice in writing signed by the Secretary to the Commissioner to that effect at the cost and expense of the Company take up and remove the said line of two foot gauge railway making good at the cost and

RAILWAYS AND TRAMWAYS. 1955. Railways Acts Amendment Act. expense of the Company any damage to the said lands of the Commissioner at Cordalba aforesaid and to the said part of the road street or highway caused by the said laying down and construction and/or taking up and removal and in case the Commissioner so approves it shall be lawful for the Company to relay the said line of two foot gauge railway along such other route and in such other location on the said lands of the Commissioner at Cordalba as the Commissioner in his sole discretion may determine and on any part of a road street or highway crossed as aforesaid by such route provided that if the Company fails upon receipt of the said notice and within the time abovementioned to take up and remove the said line of two foot gauge railway it shall be lawful but not obligatory for the Commissioner at the risk of the Company and at the cost and expense of the Company to take up remove and store or cause to be taken up removed and stored the said line of two foot gauge railway and any moneys so expended by the Commissioner shall be recoverable by the Commissioner from the Company as a debt due and owing by the Company to the Commissioner. All instructions and/or directions whether verbal or in writing given by the Station master at Cordalba to any agent officer servant or other person acting for the Company in the exercise and enjoyment or the purported exercise and enjoyment of the rights conferred by this clause shall be as binding upon the Company as if such instructions were given to the Company. 16. The title of the Company as far as land is concerned shall be as far as possible the title which the Commissioner has at the execution of these presents. 17. All costs of survey and other costs necessary and incidental to the giving and obtaining of title to the lands hereby purchased and sold shall be at the cost and expense of the Company. 18. Where the said railway crosses any public road street or highway other than on the level the Company at the cost and expense of the Company shall as and from the Twenty-second day of July One thousand nine hundred and fifty-five and at all times thereafter maintain all ascents descents and other approaches to the rails of the said railway together with necessary handrails or other fences and gates or stiles and any overbridge by which the said road street or highway is carried over the said railway and where there is no such overbridge so much of the said road street or highway as lies between the said rails and any bridges by which the said railway is carried over the said road street or highway in good order and repair in such manner as the Local Authority in whose area the aforesaid works are situated or other proper Authority directs and to the satisfaction of the said Local Authority or other proper Authority. 19. As and from the Twenty-second day of July One thousand nine hundred and fifty-five and at all times thereafter the Company shall at the cost and expense of the Company maintain in good order and repair and adequate for the purposes for which they were constructed or erected any accommodation works constructed erected or made by the Commissioner in connection with or for the purposes of the said railway for the accommodation of the owners and occupiers 311

312 RAILWAYS AND TRAMWAYS. Bailways Acts Amendment Act . 4 E liz . II. No. 31y of lands adjoining the said railway including such gates bridges arches culverts and passages over under or by the sides of or leading to or from the said railway made for making good any interruptions caused by the said railway to the use of the lands through which the said railway is constructed and such posts rails hedges ditches mounds or other fences and necessary gates erected or made by the Commissioner for separating the land taken for the use of the said railway from the adjoining lands not taken and protecting such lands from trespass or the stock of the owners or occupiers thereof from straying thereout by reason of the said railway and such arches tunnels culverts drains or other passages either over or under or by the sides of the said railway erected or made by the Commissioner as sufficient at all times to convey water as clearly from the lands lying near or affected by the said railway as before the construction of the said railway or as nearly so as may be. 20. Where the said railway crosses a public road street or highway on a level the Company at the cost and expense of the Company shall as and from the Twenty-second day of July One thousand nine hundred and fifty-five and at all times thereafter maintain in good order and repair in such manner as the Local Authority in whose area the said road street or highway is situated or other proper Authority directs and to the satisfaction of the said Local Authority or other proper Authority so much of the said road street or highway as lies between the rails and extends six feet beyond the rails on each side thereof. 21. After the commencement of the lifting taking up dismantling and removal of that part or portion of the said railway from the point at or beyond Booyal aforesaid at which the two foot gauge system shall terminate to Dallarnil aforesaid and until the completion thereof the Company shall maintain all ascents descents approaches handrails fences gates stiles overbridges bridges approaches roads streets or highways mentioned and referred to in Clauses 18 and 20 hereof in the manner and to the extent provided in the said Clauses 18 and 20 in all respects as though the rails were still laid including the gap wherein the rails were formerly laid. In the said lifting taking up dismantling and removal of the said part or portion of the said railway the accommodation works erected by the Commissioner and referred to in Clause 19 hereof shall not be lifted taken up dismantled and removed by the Company but shall at all times be maintained by the Company as provided by Clause 19 hereof. In the said lifting taking up dismantling and removal of the said part or portion of the said railway the twelve foot timber over­ bridge over the said railway between “ ballast siding ” and Tawah at or about forty-three miles eighteen chains from the main line and situate on Portion 157 (formerly Agricultural Farm 1561) County of Cook Parish of Dallarnil and which overbridge was erected as an accommodation crossing between the two parts into which the said Agricultural Farm was divided by the construction and laying of the said railway and the twelve foot timber overbridge between the said “ ballast siding ” and Tawah at or about forty-four miles fifty-two chains from the main line erected for the purposes of carrying the public roadway at that point over the said railway shall not be taken up dismantled and removed by the Company but shall at all

RAILWAYS AND TRAMWAYS. 1955. Railways Acts Amendment Act . times be maintained by the Company as provided by this clause and Clauses 18 and 19 hereof provided however that the overbridge referred to herein as an accommodation crossing may be taken up dismantled •and removed at any time with the consent in writing of the owner for the time being of the said Portion 157 first had and obtained and likewise the said overbridge erected for the purpose of carrying the public roadway may be taken up dismantled and removed by the Company at any time with the consent of the Local Authority in whose area such lastmentioned overbridge shall be situate or other proper Authority first had and obtained. In the said lifting taking up dismantling and removal of the said part or portion of the said railway the Company shall to the satisfaction of the Commissioner remove all cattle grids and adequately fill in the pits dug in connection therewith and likewise shall remove all structures and obstructions upon over or across a public road street or highway and leave all public roads streets or highways crossed by the said railway at the date of such lifting taking up dismantling and removal in good order and condition and safe for traffic to the satisfaction of the Local Authority in whose area the said road street or highway is situate or other proper Authority and in such lifting taking up dismantling and removal the Company shall not at any time do cause permit or suffer anything which may be or be liable to be a public or private nuisance. This clause is in addition to and not be taken or construed as in any way derogating from clauses 18, 19 and 20 hereof. 22. For the purpose of ascertaining whether at any time the Company has failed or neglected to maintain in the manner hereinbefore provided any of the works mentioned and referred to in the four preceding clauses hereof the Commissioner his servants and agents may from time to time and at all reasonable times enter upon the said railway for the purpose of viewing the state and repair and condition of the said works and in case the Company shall at any time hereafter fail or neglect to maintain in the manner hereinbefore provided any of the said works mentioned and referred to in the four preceding clauses hereof then it shall be lawful but not obligatory for the Commissioner the Local Authority Corporation or person damnified prejudiced or otherwise injuriously affected by such failure or neglect on the part of the Company with their agents servants and workmen to enter upon the said railway and make all such reparations as aforesaid and the amount of any moneys reasonably so expended by the Commissioner a Local Authority Corporation or person as the case may be shall be recoverable from the Company as a debt due from the Company to the Commissioner Local Authority Corporation or person as the case may be and in the case of any Local Authority Corporation or other person as though such Local Authority Corporation or person were a party to this Agreement. 23. If and when any Local Authority Corporation or person whatsoever has or claims to have any right of action claim or demand of any kind or description against the Commissioner by reason in consequence of or in connection with the negligence misconduct misperformance failure or neglect on the part of the Company its agents and servants in the observance and performance of the 313

314 RAILWAYS AND TRAMWAYS. Bailways Acts Amendment Act. 4 B liz . II. No. 31, covenants conditions restrictions or other provisions of this Agreement such right of action claim or demand may at the option of such Local Authority Corporation or person be had and pursued by the Local Authority Corporation or person as the case may be against the Company in all respects as if the aforesaid Local Authority Corporation or person were a party to this Agreement. 24. The Company shall as from the Twenty-second day of July One thousand nine hundred and fifty-five and at all times prior to the payment of the whole of the said purchase money payable at its own cost and expense maintain the said railway including the permanent way stations buildings sidings platforms conveniences watercourses water supplies bridges culverts gates fences signals and all other works constructed in connection with the said railway in substantial repair and in good working order and condition to the satisfaction of the Commissioner and from time to time replace at the Company’s expense any part or parts thereof which may be broken damaged or destroyed or rendered unfit for use by others equal in all respects to the original or originals and make good all damage whether by fire or accident or otherwise and give the Commissioner immediate notice of any serious injury accident loss or damage to the said railway provided that the Company may at any time with the written consent of the Commissioner lift take up dismantle and remove any part or portion of the said railway. 25. As from the Twenty-second day of July One thousand nine hundred and fifty-five the Company will not at any time prior to the payment of the whole of the said purchase money make or permit to be made any alteration in the construction or arrangement of the said railway or the works appurtenant thereto without the written consent of the Commissioner first had and obtained and will not without the like consent mark drill into cut alter deface or injure any part of the said railway or the works appurtenant thereto but nothing herein contained shall be construed so as to prevent the Company from drilling into any part of the said railway to such extent and in such manner as may be necessary for the purposes of repair and maintenance thereof. 26. The Company will not at any time prior to the payment of the whole of the said purchase money carry on or permit to be carried on in or upon the said railway or any of the works appurtenant to the said railway any offensive noxious noisome trade or business and will not do permit suffer or allow any act or thing in or about the demised premises which shall or may be an annoyance or nuisance to the Commissioner or the owners or the occupiers of adjoining lands and premises but nothing herein contained shall be construed so as to prevent the Company from using the said railway and appurtenant works as a tramway for the harvesting or supply or delivery of sugar cane to the Company’s mill at Cordalba aforesaid. 27. The Commissioner and his servants and agents may from time to time and at all reasonable times prior to the payment of the whole of the said purchase money enter upon the said railway for the purpose of viewing the state and repair and condition of the said railway including the permanent way stations buildings sidings platforms conveniences water courses water supplies bridges culverts gates fences signals and all other works constructed in connection with the said railway.

RAILWAYS AND TRAMWAYS. 1955. Railways Acts Amendment Act. 28. At all times prior to the payment of the whole of the said purchase money the Company shall at its own cost and expense insure and keep insured so much of the said railway including permanent way stations buildings sidings platforms conveniences water supplies bridges culverts gates fences signals and all other works constructed In connection with the said railway other than such part or portion of the said railway as may have been lifted taken up dismantled and removed in accordance with Clause 24 hereof as shall be insurable in its full insurable value against loss or damage by fire in the name of the Commissioner in some public insurance office to be approved by the Commissioner and for that purpose shall regularly and punctually pay all premiums and sums of money payable for keeping the same on foot and will deliver to the Commissioner the relative policy or policies and the renewal receipt for every such premium within four (4) days after the same shall have become due. 29. The Company will not at any time prior to the payment of the whole of the said purchase money do or permit or suffer to be done anything whereby the policy or policies of insurance on the said railway against loss or damage by fire for the time being subsisting may become void or voidable. 80. In case the Company shall at any time prior to the payment of the whole of the said purchase money neglect to maintain the said railway in the manner aforesaid or to insure and keep insured the said railway as aforesaid or to deliver up the policies and receipts then and in every such case it shall be lawful but not obligatory for the Commissioner (but without prejudice to any other rights of the Commissioner) to make all such reparations as aforesaid and to effect and keep on foot such insurances and to pay the costs premiums and charges of making such repairs and effecting such insurances and the amount of any moneys so expended by the Commissioner as aforesaid shall be recoverable from the Company as a debt due from the Company to the Commissioner. For the purpose of making any such reparations as aforesaid the Commissioner his agents and servants may from time to time and at all reasonable times enter re-enter and remain upon the said railway. 81. The Company will not at any time prior to the payment of the whole of the said purchase money sell assign pledge mortgage charge encumber lend or part with possession or otherwise dispose of the said railway without the permission of the Commissioner in writing first had and obtained. 32. The Company shall not at any time prior to the payment of the whole of the said purchase money assign or otherwise part with the benefit of this Agreement to any other person or corporation without the permission of the Commissioner in writing first had and obtained. 33. The Company shall pay to the Commissioner free of exchange at his office Anzac Square Brisbane aforesaid or elsewhere at the option of the Commissioner each and every week as and from the First day of October One thousand nine hundred and fifty-five to the date of the payment in accordance with the provisions of Clause 9 hereof of the sum of Twenty-five thousand pounds (£25,000) being part of the said purchase money hereunder for the use and occupation of the said railway the sum of Fifty pounds (£50) the first of such payments to be made on the First day of October One thousand nine hundred and fifty-five.

316 RAILWAYS AND TRAMWAYS. Railways Acts Amendment Act. 4 E liz . II. No. 31, 34. At all times prior to the completion of the said purchase and sale of the said railway the Company shall assume all liability for and hereby indemnifies and saves harmless and agrees to indemnify and save harmless the Commissioner his agents and servants from and against all actions claims demands costs losses damages and expenses which may be brought against or made upon the Commissioner or his agents or servants or which the Commissioner or his agents or servants may pay sustain or be put to by reason in consequence of or in connection with the running over working use and occupation by the Company of the said railway whether in respect of any loss of life or injury or damage to any person or property including any property of the Commissioner or howsoever in relation to the premises. The Company shall on signing of this Agreement lodge with the Commissioner a Bank Guarantee of Ten thousand pounds (£10,000) in a form to be approved by the Crown Solicitor of Queensland as a guarantee for the due and proper performance of this clause. 35. At all times hereafter the Company shall bear and hereby indemnifies and saves harmless and agrees to indemnify and save harmless the Commissioner his agents and servants from and against all actions claims demands costs losses damages and expenses which may be brought against or made upon the Commissioner or his agents or servants or which the Commissioner or his agents or servants may pay sustain or be put to by reason in consequence of or in connection with the construction or reconstruction execution or maintenance or non-completion of or failure to maintain the said railway or any part thereof or failure to reinstate or make good any defect therein or thereon or the running over and use of the Commissioner’s railway at Cordalba aforesaid pursuant to Clause 14 hereof or the running over and use of the two foot gauge line to be erected by the Company on the Commissioner’s land at Cordalba aforesaid pursuant to Clause 15 hereof or any failure negligence misconduct misperformance or refusal on the part of the Company its agents and servants in the observance and performance of the covenants conditions restrictions or other provisions of this Agreement or from the failure of the Company to take proper precautions for the prevention of accidents by day or by night or from any cause whatsoever. 36. Notwithstanding the provisions of Clause 33 hereof if at any time the Company shall make default in duly paying on any of the days hereinbefore appointed any payment of interest or any instalment hereinbefore agreed to be paid by the Company in reduction of the said purchase money or of the balance of purchase money remaining owing and unpaid or if at any time after the purchase money or the balance thereof remaining owing shall have become immediately due and the Company shall make default in the payment thereof to the Commissioner on demand or if the Company shall make default in duly paying on any of the days hereinbefore appointed any payment for use and occupation of the said railway as provided by Clause 33 hereof or if the Company shall make default in the observance and performance of any of the covenants conditions and stipulations herein in that behalf contained and notwithstanding the Commissioner may have previously waived a breach or breaches of a like nature it shall be lawful but not obligatory for the Commissioner at any time thereafter to re-enter upon the said railway or any part thereof in the

RAILWAYS AND TRAMWAYS. 1955. Railways Acts Amendment Act. name of the whole and re-take possession of the said railway and thereupon this Agreement shall absolutely cease and determine and all moneys which the Company shall have paid as a deposit or on account of the purchase money or for the use and occupation, of the said railway shall be absolutely forfeited to the Commissioner but without prejudice to any right of action or remedy that may accrue or may have accrued to the Commissioner in respect of the provisions herein contained or any breach or breaches of such provisions or any of them. 31?. If the said sanction of Parliament be not obtained on or before the Thirty-first day of December One thousand nine hundred and fifty-five then unless it shall be otherwise mutually agreed the Company will on the First day of January One thousand nine hundred and fifty-six peaceably and quietly surrender yield and give up to the Commissioner possession of the said railway so maintained and repaired as hereinbefore provided. 38. Notwithstanding the failure to obtain the said sanction of Parliament the rights duties liabilities and obligations created and/or imposed by Clauses 18, 19, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36 of this Agreement shall remain of full force and effect and be binding on the Commissioner and the Company. 39. All costs charges and expenses incidental to the preparation completion and stamping of this Agreement including stamp duty if any thereon shall be borne and paid by the Company. 40. Any notice required to be given to the Commissioner or Company hereunder shall be sufficiently given if served in the case of the Commissioner on the Secretary to the Commissioner or forwarded by post addressed to the Secretary to the Commissioner, Anzac Square, Brisbane aforesaid and in the case of the Company if served on the Secretary to the Company or forwarded by post addressed to the Company at its office at Cordalba aforesaid or at such other place as its office may then be and in the case of any assignee of the Company if served personally or forwarded by post addressed to him at his last known place of abode or business. Any notice forwarded by post shall be deemed to have been served at the last moment of the day on which the same ought to have been delivered at its destination in the ordinary course of post. SCHEDULE OF BUILDINGS. M arule : Tricycle Shed Waiting Shed Cottage S andy C reek : Water Supply Pump House B ooyal : Cream Shed Lamp Room and W.C. Trolley Shed Station Building Goods Shed Cottage 31

318 RAILWAYS AND TRAMWAYS. Railways Acts Amendment Act. 4 E liz . II. No. 31, 1955. SCHEDULE OF BUILDINGS— continued. M underbong : Trucking Yards m Cottage T awah : Waiting Shed D allarnil : Office and Waiting Shed Lamp Room and W.C. Goods Shed Trolley Shed Cottage I n W itness W hereof the parties hereto have executed these presents the day and year first hereinbefore written. The Official Seal of T he C ommissioner for R ailways was hereto affixed by J ames L eslie E ddleston L ingard in the presence of— J. L. E. L ingard Secretary. (Signed) T. C. C ampbell The Common Seal of Isis C entral ’ S ugar M ill C ompany L imited has been affixed by authority of the resolution of the Board of Directors under the hands of W illiam A lfred B rand and J ohn A die the Directors of the Company in the presence of— (Signed) G. E. G regory , J.P. A Justice of the Peace. (Signed) W. A. B rand . J. A die .