Rockhampton Harbour Board and the Council of the City of Rockhampton Act of 1960 (9 Eliz Ii No. 10) (Qld)

694 (©ueettslanb ANNO NONO ELIZABETHAE SECUNDAE REGINAE. No. 10. An Act with Respect to an Agreement between The Rockhampton Harbour Board and The Council of the City of Rockhampton. [A ssented to 24 th M arch , I960.] 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:— Short title. 1. This Act may be cited as “ The Rockhampton Harbour Board and the Council of the City of Rockhampton Act of 1960.” Publie 2. (1.) The Council of the City of Rockhampton shall nAogtrieceemoefnt. publish a notice twice in some newspaper stating— (a) That the said Council proposes to make with the Rockhampton Harbour Board the Agreement, a copy of which is set out in the [Schedule.] Schedule to this Act (herein referred to as “ the Agreement ”);

9 E liz . II. No. 10,1960. Rockhampton Harbour Board, Etc., Act. (b) The purport of the Agreement; and (c) That any electors, being not less than ten per cent, of the whole of the electors in the Area of the City of Rockhampton may at any time within one month after the last publication of the notice, in writing under their hands delivered to the clerk of the said City, require that the question whether the said Council should make with the said Harbour Board the Agreement or not shall be submitted to the vote of the electors in the Area of the said City. 695 (2.) If not less than ten per cent, of the electors in when p®n the Area of the City of Rockhampton, in writing under **tBken* their hands delivered to the clerk of the said City within one month after the last publication of the notice referred to in subsection one of this section, require that the question whether the said Council should make with the said Harbour Board the Agreement or not shall be submitted to the vote of electors of the Area of the said City, the said clerk shall proceed to take a poll in accordance with the provisions for taking polls of Part XII. of “ The Local Government Acts, 1936 to 1959.” (3.) If at such poll the number of votes given against the proposal to make the Agreement is greater than the number of votes in favour of the making thereof, the aforesaid parties shall not make the Agreement and any purported making thereof by them or either of them shall be absolutely void and of no force or effect whatsoever in law, and the said Council shall not undertake the guarantee referred to in the Agreement, and any purported undertaking of such guarantee by the said Council shall be absolutely void and of no force or effect whatsoever in law. (4.) If no request for such poll is duly made or, if such request is duly made, at such poll the number of votes in favour of the making of the Agreement is greater than the number of votes against the making thereof, the said Council and the said Harbour Board may make the Agreement.

696 Rockhampton Harbour Board, Etc., Act . 9 E liz . II. No. 10, mAWgahrdeeenemdeunlyt the r3e.quIifretmheenAtsgroefemseecntitonis twmoadoef itnhisacAcocrtd, aunpceonwtihthe to have making of the Agreement the provisions thereof shall ltahwe. force of have the force of law as though the Agreement were an enactment of this Act. Variation 4. The Agreement may be varied pursuant to oAfgtrheeement. agreement between the said Council and the said Harbour Board with the approval of the Governor in Council by Order in Council and no provision of the Agreement shall be varied nor the powers and rights of the said Council or of the said Harbour Board therein be derogated from except in such manner. [Section 2.] THE SCHEDULE. A n A greement made the day of , One thousand nine hundred and sixty between T he R ockhampton H arbour B oard the Corporation continued by " The Harbours Acts , 1965 to 1959 ” (hereinafter referred to as “ the Board ”) of the one part and T he C ouncil of the C ity of R ockhampton a Local Authority duly constituted as a corporation under the provisions of “ The Local Government Acts , 1936 to 1959 ” (hereinafter referred to as “ the Council ”) of the other part W hereas the Board being desirous of reconstructing and improving its harbour works at Port Alma in the State of Queensland by constructing a new breast wharf together with all necessary facilities for the efficient working thereof, the servicing of such harbour works with adequate access roads and the improving and augmenting of water and electric power supplies thereto (all of which several matters are hereinafter referred to as “ the works ”) A nd W hereas the Board in pursuance of the powers in that behalf vested in it by “ The Harbours Acts, 195 5 to 1959 ” (hereinafter referred to as “ the Acts ”) intends borrowing substantial sums of money for the purpose of financing the construction of the works A nd W hereas the Council being of the opinion that the completion of the works will enure to the great advantage of the people of the City of Rockhampton has determined to assist the Board in financing the construction of the works aforesaid by undertaking to pay to the Board the estimated annual revenue deficit (if any) of the operation of Rockhampton Harbour by the Board such liability of the Council to be determined in the manner and upon the conditions hereinafter appearing Now T herefore in consideration of the premises and of the stipulations and agreements on the part of

1960. Rockhampton Harbour Board, Etc., Act. each of the parties hereto as hereinafter contained the parties hereto Do H ereby A gree the one with the other in manner following that is to say :— 1. The term of this agreement shall be a period of forty (40) years commencing on the First day of July in the year during which the Board shall be successful in negotiating its first loan pursuant to the provisions of section 107 of the Acts for the construction of that part of the works consisting of the new breast wharf at Port Alma. 2. Before entering into negotiations to borrow money under the provisions of the Acts for the construction of any of the works or for any other purpose whatever the Board shall supply to the Council a copy of the application it intends making to the Honourable the Treasurer the Minister of the Crown charged with the administration of the Acts (hereinafter with his successors in office referred to as “ the Treasurer ”) for the purpose of obtaining his sanction to its proposed borrowing. On receipt of such copy application from the Board the Council shall within fourteen (14) days of the date of the receipt thereof, notify the Board either that it approves the application or inform the Board of such alterations or modifications as it desires made to such application before giving its approval thereto. If the Board is unwilling to make any alteration or modification to its application as required by the Council the Board shall immediately notify the Council to that effect and forward the application to the Treasurer together with a copy of the Council's request for its alteration or modification. The Treasurer may thereupon after obtaining such further information as he may desire from both or either party give his decision on the application and such decision shall be final and binding on both Board and Council alike. 3. The Board agrees with the Council that during the currency of this agreement, it will be an express condition of each and every application to borrow to be made by it for the construction of the works, that the repayment of the principal moneys thereunder shall be spread over such period as the Treasurer with the approval of the Council may determine and which shall be fixed having regard to the usual period fixed for loans of like nature borrowed by Harbour Boards and Local Authorities. 4. The Board shall in framing its annual budget of the Harbour Fund in compliance with the provisions of section 106 of the Acts submit a copy thereof to the Council for its consideration and approval. The Board shall make provision in such budget under the title “ Annual charges for interest and redemption of loans ” for the following items:— (а) The sum of Eight thousand pounds (£8,000) per annum being a part of the interest and redemption payable on all Treasury loans raised by the Board on or before the thirtieth day of June, One thousand nine hundred and forty-five; (б) The sum required to meet interest and redemption on all loans raised by the Board between the first day of July, One thousand nine hundred and forty-five and the date of these presents ; and 697

€98 Rockhampton Harbour Board, Etc., Act. 9 E liz . II. No. 10, (c) The sum required to meet interest and redemption on all loans raised by the Board on and after the date of these presents P rovided H owever and it is H ereby E xpressly A greed and D eclared that for the purposes of arriving at the liability of the Council under clause 7 of this Agreement there shall be taken into account under paragraph (c) of this clause only those loans representing borrowings by the Board which have been made pursuant to clause 2 of this Agreement. P rovided F urther that nothing hereinbefore contained in this clause shall preclude the Treasurer requiring the Board to provide in its budget in any year and pay to him in respect of redemption of Treasury loans mentioned in paragraph (a) of this clause a further sum not exceeding Four thousand pounds (£4,000), but if and only if in the immediately preceding two years the Council has not been called upon to pay any moneys to the Board pursuant to this Agreement and the Treasurer is satisfied, after hearing the Council, that the additional payment so made is not likely to cause any call upon the Council pursuant to this Agreement in that year. 5. The Council shall on receipt of the copy of the budget of the Board, consider all items therein appearing and shall within fourteen (14) days of the receipt thereof notify the Board either that it approves of such budget, or that it desires the deletion amendment or modification of any item or items contained therein, and in such latter case shall set out fully and in detail the grounds of its objection to such item or items the deletion amendment or modification whereof is sought by it. 6. On receipt of the Council’s objection to any item or items in its budget as in clause 5 provided, the Board if it is unwilling to comply with the Council’s request in respect thereof, either wholly or in part, shall immediately notify the Council to that effect and shall refer the budget together with the Council’s objections thereon to the Treasurer whose decision on all matters so referred to him shall be final and binding on both Board and Council alike. The Treasurer may before giving his decision require both Board and Council to furnish all such further information and particulars in connection with the budget and the objections thereon as he in his discretion may deem fit. On receipt of the Treasurer’s decision as aforesaid the Council shall formally approve the budget in accordance therewith and the Board shall proceed with its adoption. 7. On the budget being approved by the Council whether after reference to the Treasurer in pursuance of clause 6 of this Agreement or not, the Council H ereby U ndertakes that it will pay to the Board the total estimated deficit of expenditure over income of the Board as disclosed by such budget for the financial year covered by such budget P rovided H owever that the moneys so payable by the Council to the Board shall not exceed in any financial year a sum equivalent to the interest on and redemption of principal payable by the Board for that financial year with respect to the loan or loans aggregating the sum of Five hundred thousand pounds (£500,000)

1960. Rockhampton Harbour Board, Etc., Act . which said sum is the estimated cost, as at the date of the execution of this Agreement, of the construction of the new breast wharf at Port Alma aforesaid P rovided F urther that in pursuance of the power of amendment of this Agreement hereinafter in clause 12 contained, the liability of the Council pursuant to its undertaking in this clause contained may be increased on the application of the Council and with the prior approval of the Honourable the Minister for Public Works and Local Government for the State of Queensland first had and obtained. 8 . If at any time during the currency of this Agreement the Council is of the opinion that— (a) Any expenditure of moneys from the Harbour Fund of the Board intended to be made by the Board is unnecessary or unreasonable in the circumstances; or (6) The rates of harbour dues made by the Board for Rockhampton Harbour pursuant to section 120 of the Acts, are inadequate and should be increased or enlarged, the Council may notify the Board to that effect and require the Board to refrain from making such expenditure or to increase or enlarge the said rates of harbour dues as the case may bei Should the Board refuse to comply with the Council’s request the Council may thereupon refer the matter to the Treasurer for his decision in like manner with the like consequences as are provided by clause 6 of this Agreement P rovided H owever and it is H ereby E xpressly A greed and D eclared that the rates of harbour dues in force at the date of these presents shall not be reduced during the currency of this Agreement without the prior consent of the Council and that the said consent shall not be withheld if during the immediately preceding two years the Council has not been caUed upon to pay any moneys to the Board pursuant to this Agreement and the Council is satisfied that the reduction in the rates of such harbour dues is not likely to cause any call upon it pursuant to this Agreement. 9. The Council H ereby F urther U ndertakes and A grees that it will pay to the Board the moneys hereby agreed to be paid by it in accordance with clause 7 of this Agreement within thirty days of the date of the approval by the Council of the Board’s annual budget P rovided H owever that the Treasurer may on the application of the Council extend the time for the payment of such moneys as he in his discretion may deem fit. i 10. All moneys payable by the Council to the Board in terms of this Agreement and not so paid within the time appointed by clause 9 of this Agreement or of any extension of such time by the Treasurer as in that clause provided shall be recoverable by the Board as for a debt in any court of competent jurisdiction. 11. The cost of stamp duty payable on this Agreement and of any other costs of and incidental thereto shall be payable by the Boara. 699

700 Rockhampton Harbour Board, Etc., Act. 9 E liz . II. No. 10,1960. 12. This Agreement may be varied pursuant to agreement between the Board and the Council with the approval of the Governor in Council by Order in Council and no provision of this Agreement shall be varied nor shall the powers and rights of the Board or of the Council be derogated from except in such manner. E xecuted the day and year aforesaid.