Roma to Orallo Railway Act of 1913 (4 Geo v No. 18) (Qld)

RAILWAYS AND TRAMWAYS. 4 GEO. V. No. 18, 1913. Roma to Orallo Railwa.1f Act. 6057 RAILWAYS AND TRAMWAYS. RAILWAYS. ~ loma to Orallo Railway Act of 1913 .,. 4 Geo. J7. No. 18 TRA:>IWAYS. Brisbane Tramways Act of 1913 4 Oeo. V. No. 27 An Act to Validate an Agreement entered into 4 Geo. V. between the Treasurer, the Commissioner for TH; ~ ~ ~ TO Railways, and the Councils of the Town of RA~ ! , A: ; oACT Roma· and of the Shires of Booringa and OF 1913. BungH relating to the Construction of a State Line of Railway from Roma to Orallo, and to make provision for matters incidental thereto. [ASSENTED TO 14TH NOVEMBER, 1913.J W HEREAS it is proposed to construct a State Line of Preamble. Railway from lloma, in the said State, to Orallo, in the said State, in length twenty-nine miles seventeen chains or thereabouts, in accordance with a plan, section, and book of reference prepared in that behalf by the Commissioner for Railways: And whereas the said plan, section, and book of reference were duly approved by the Parliament of the said State by Resolutions respectively of the Legislative Assembly, passed on the fifth day of December, one thousand nine hundred and eleven, and of the Legislative Council, passed on the twelfth day of December, one thousand nine hundred and eleven, and the route of the said Railway is delineated in the Schedule to this Act: Schedule. And whereas, pursuant to "The Railways A.ot of 1906,"* a Railway District, under the name of" The Roma to Oralio Railway District," was duly constituted: And whereas the said Railway District comprises an area consisting of part of the Shire of Booringa and part of the Shire of Bungil: And whereas it is provided 'by " The Railways A.ot of 1906"* that, under and subject to the provisions and con- ditions of the said Act, if and as often as the earnings of· the said Hailway in any year after its completion should amount to less than a sum equal to the cost of maintaining and working the said Railway during such year, together * 6 Edw. VII. No. 15, supra, page 2915.

HAILWAYS AND TRA-lYIW AYS. Schedule. :Schedule. Roma to Orallo Railzea.1f Act. 4 GEO. V. ~ o. 18, - - - --------- - - - - - - . - - - - - - - - - - - . - ~~ with interest for the same year at the rate of three pounds per centum per annum upon the certified cost of construc- tion thereof, then and in every such case the whole of the amount of such deficiency should be paid and made good by means of a ltailway Hate levied upon the ratepayers of the said Hailway· District when duly constituted, and by the contribution of the Treasurer made, levied, collected, and paid in manner provided by the said Act: And whereas it is desired that, notwithstanding the provisions of the said Act, the ratepayers being the owners and occupiers of rateable land situated within the Town of Roma which is not comprised within the said Railway District, and the boundaries whereof are delineated in the said ~ chedule, should from time to time l)ay and make good to the said Commissioner a portion of any such deficiency arising as aforesaid, as and when the same shall arise, in partial exoneration of the ratepayers of the said Railway l>istrict and of the Treasurer; and that to such extent the liability of the ratepayers of the said Railway District (including the Treasurer) should be varied: And whereas, on the eighth day of October, one thousand nine hundred and thirteen, an Agreement was entered into between the Treasurer, the Commissioner for Railways, and the Councils of the Town of Roma and of the Shires of Booringa and Bungil for giving due effect to the objects aforesaid, subject to its ratification by an Act of Parliament, a copy of which Agreement is set forth in the Schedule to this Act: And whereas it is desirable that the said Agreement should be validated by an Act of Parliament, and that the provisions of "The Railways Act of 1906,"* as modified by the ~ aid Agreement, should apply to the said Railway when constructed: Be it therefore enacted by the King's ~ lost Excellent Majesty, by and with the advice and eonsent of the Legislative Council and Legislative Assembly of Queens- land in Parliament assemhled, and by the authority of' the same as follows ;- :Short title. 1. This Act may be' Cited as "The Roma to Orctllo Railwcty Act of 191;):" Yalidation of 2. (1.) The Agreement entered into on the eighth Agreement. day of October, one thousand nine hundred and thirteen, between the Treasurer, the Commissioner for Railways, and the Councils of the fl'own of Roma and of the Shires of * 6 Edw. VII. No. 15, supra, page 2915.

RAILWAYS AND TRAMWAYS. 0059 Roma to Oralio Railway Act. - - - - - -~ - -- ~--------- Booringa and Bungil relating to the proposed State Line of Railway from Noma to Orallo, a copy of which Agreement ~ with the map attached thereto is set forth in the Schedule Schedule. to this Act, is hereby validated. (2.) All the provisions of "The Rail'ways Act of 1906, ":j' except where modified, varied, or negatived by the said Agreement, shall extend and apply to the said Railway. During the currency of the said Agreement the said Act shall, in its application to the said Hailway, be read and construed as one with the said Agreement. (3.) All sums of money which, in pursuance of thc said Agreement, may from time to time become payable by the Treasurer are 11e1'l'by appropriated for the purpose. THE SCHEDULE. AGREEl\IEX'l' entered into this eighth day of October, 1913, bet'n:en the Treasurer of the State of Queensland (hereinafter referred to as " the Treasurer") of the first part; the Commissioner for Railways of the said State (hereinafter referred to as " the Commissirmer") of the second part; the Council of the Town of Roma, a Local Authority within the meaning of "The Local Authorit·ies Acts, 1902-1912, "t of the third part; the Council of the Shire of Booringa, a Local Authority within the meaning of the said Acts, of the fourth part; and the Council of the Shire of Bungil, a Local Authority within the meaning of the said Acts, of the fifth part. ,\Vhereas it is proposed to construct a State line of Railway from Roma, in the said State, to Orallo, in the said State, in length 2D miles ]'; chains or thereabouts, in accordance with a plan, section, and book of reference prepared in that behalf by the Commissioner: And whereas the said plan, section, and book of reference were duly approved by the Parliament of the said State by Resolutions respectively of the Legislative Assembly, passed on the fifth day of December, 1911, and of the Legislative Council, passed on the twelfth day of l>cember, 1911, and the route of the said Railway is delineated in the Schedule to this Agreement: And whereas, pursuant to " The Railways Act of 1906,' '* a Railway District, under the name of " The Roma to Orallo Railway District, " was duly constituted, the boundaries ~ whereof are delineated in the said Schedule: And whereas the said Railway District comprises an area consisting of part of the Shire of Booringa aforesaid, and part of the Shire of Bungil aforesaid: And ,yhereas it is provided by " The Railways Act of 1906 "* that, under and subject to the provisions and conditions of the said Act, if and as often as the earnings of the said Railway in any 6 Edw. VII. No. 15, supra, page 2915. t 2 Edw. VII. No. 19 and amending Act~ , supra, pages 1860 et seq. and 5653. Those Acts have been further amended by 4 Geo. V. No. 24, supra, page 5918, and th, collective title is now" 1'he Local Authorities Acts, 1902 to 1913."

6060 RAILWAYS AND 1'l{AMWAYS. Roma to Orallo Railway .Act. .4 GEO. V. No. 18, year after its completion should amount to less than a sum equal to the cost of maintaining and working the said Railway during such year, together with interest for the same year at the rate of £3 per centum per annum upon the certified cost of construction thereof, then and in every such case the whole of the amount of such deficiency should be paid and made good by means of a Railway Rate levied upon the ratepayers of the said Railway District, and by the contribution of the Treasurer made, levied, collected, and paid in manner provided by the said Act: And whereas it is desired that, notwithstanding the provisions of the said Act, the ratepayers, being the owners and occupiers of rateable land situated within the town of Roma, which is not com- prised within the said Railway District and the boundaries whereof are delineated in the said Schedule, should from time to time pay and make good to the Commissioner a portion of any such deficiency arising as aforesaid, as and when the same arises, in partial exoneration of the ratepayers of the said Railway District and of the Treasurer; and that to such extent the liability of the rate- payers of the said Railway District (including the Treasurer) should be varied: And whereas the parties to these presents are desirous of enter- ing into an Agreement for giving due effect to the objects aforesaid, subject to its ratification by an Act of the Parliament of Queensland: Now this Agreement witnesseth that, in consideration of the premises, the Treasurer and each of the aforesaid Local Authorities, so far only as relates to his or its own acts hereinafter agreed to be done and performed, do and each of them doth hereby severally agree with the Commissioner as follows :- Interpretation. 1. In this Agreement, unless the context otherwise indicates, the following terms have the meanings assigned to them respectively, that is to say :- "Local Authorities Acts"-" The Local Authorities Acts, 1902-1912,"* and any Act amending or in substitution for those Acts; " LocaIAuthority"-The Council of the Town of Roma, the Council of the Shire of Booringa, and the Council of the Shire of Bungil; " Railway District"-The Roma to Orallo Railway District constituted as aforesaid, and delineated in the Schedule hereto; " Railway"-The Roma to Orallo Railway, to be constructed by the route delineated in the Schedule hereto, in length 29 miles 17 chains or thereabouts, in accordance with a plan, section, and book of reference approved by the Parliament of Queensland as hereinbefore mentioned; " Rateable Land"-Rateable land as defined by section one hundred and ninety-three of the Local Authorities Acts; " Ratepayer"-Any person who is named in the ratebook of a Local Authority as the owner or occupier of rateable land situated, in the case of the Town of Roma, within * 2 Edw. YII. No. 19 and amending Acts, supra, pages 1860 et seq. and 5653· These Acts have been further amended by 4 Geo. Y. Nil. 24, supra, page 5918, and the collective title is now" The Local Authorities Acts, 1902 to .1913."

RAILWAYS A~D TRAMWAYS. 6061 Rcma to Orallo Railw'l!J Act. such Town, and, in the case of the Shires of Booringa and Bungil respectively, situated within that part of each Shire which is comprised within the Railway District. 2. The Commissioner shall, as soon as may be after the con- Certificate or struction of the railway is completed, by a certificate under his ~ ~ ~ ~ t: uction. hand and published in the Government Gazette, 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. 3. If and as often as the earnings of the Railway in any year Liability of after its completion amount to less than a sum equal to the cost of tatepayers. maintaining and working the Railway during such year, together with interest for the same year at the rate of £3 per centum per annum upon the certified cost of construction thereof, then and in every such case the ratepayers shall be liable to make good to the • Commissioner the amount of such deficiency, and in the proportions following, that is to say:- The ratepayers of those parts of the Shires of Booringa and Bungil which are comprised within the Railway District 2/3rds The ratepayers of the Town of Roma 1/3rd 3/3rds The Commissioner shall in respect of each such year, by a certificate under his hand and published in the Government Gazette, ' declare whether or not such deficiency exists, and the amount of such deficiency, if any: 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 Agreement 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 cqst of construction of the Railway: Provided further that during the currency of this Agreement subsection six of section four of ' 'The Railways Act of 1906' '* shall not apply to the Railway District. 4. Any deficiency aforesaid in respect of the Railway shall be How defioienoT paid and made good by means of a Railway Rate levied upon the ! ~ ~ d. made ratepayers and by the contribution of the Treasurer as hereinafter provided. 5. (1.) The provisions of sections eight and ten of " The Rail- Valuation•. ways Act of 1906"* shall not apply to the valuation of all the rate- able lands situated within the Railway District. (2.) With respect to the Town of Roma, which is not com- prised within the Railway District, the valuation of the rateable lands situated therein, made under and for the purposes of the ,.. 6 Edw. VII. No. 15, supra, page 2915. Q

6062 RAILWAYS AND TRAMWAYS. Roma to Orallo R~ ilw( l! l Act. 4 GF.O. V. No. 18, Local Authorities Acts and for the time being in force, shall be the valuatIOn. of those lands for the purposes of this Agreement and of the RaIlway Rate to be made and levied in respect of those lands. .Railway Rate. 6. (1.) So far as relates to the Shires of Booringa and Bungil, each Council shall, when and so often as is required for the pur- pose of raising a sum of money which, when added. to the amount ()f the Rate levied and collected by the other Council and the con- tribution of the Treasurer as hereinafter provided, will be sufficient to make good 2/3rd parts of the deficiency aforesaid in respect of any year, make and levy a Railway Rate of a sufficient amount upon all rateable land situated within so much of its Shire as is comprised within the Railway District, in accordance with the valuation hereinbefore prescribed. (2.) So far as relates to the Town of Roma, the Council shall, when and so often as is required for the purpose of raising a sUIll of money sufficient to make good 1/3rd part of the deficiency afore- said in respect of any year, make and levy a Railway Rate of a sufficient amount upon all rateable land situated within the said Town, in accordance with the valuation hereinbefore prescribed. (3.) Each such Local Authority shall be liable to the Commis- sioner for its proportion of the said moneys as for a debt. (4.) Each such Local Authority shall include in such Rate an amount to cover the expenses (if any) of valuation and the making, levy, and collection of the Rate not exceeding five pounds for every one hundred pounds of the amount required to be levied. (5.) Such Rate shall be paid and borne by the ratepayers. Application ()f Local Authorities Acts. 7. All the provisions of the Local Authorities Acts relating to the making, levy, collection, payment, recovery, and enforcement of general rates under those Acts shall be applicable to the making, levy, collection, payment, recovery, and enforcement of the Railway Rate, so far as such provisions can be applied: Addi!iv nal prOVISIons. Provided that, in addition to those provisions, the following provisions shall be applicable to all Railway Rates:- , (i.) With respect to those parts of the Shires of Booringa and Bungil which are comprised within the Railway District- (a) The Councils of those Shires shall jointly appoint and pay a valuer, who shall value the whole of the rateable lands of those Shires which are situated within the Railway District; and, if within thirty days after notice in that behalf by the Commissioner such valuer is not appointed, the Commissioner 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 those Councils; (b) The Commissioner shall, whenever necessary, appor- tion the liability of each such Council so far· as their liability in respect of the rateable lands aforesaid is concerned; (c) The Rate made and levied by each such Council shall, in all cases, be of the same amount for every pound of the value of such lands;

RAILWAYS AND TRAMWAYS. 6063 Ull::!. Roma to 'Grallo Railway Act. (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 centum thereof; and such penalty shall thereafter be deemed to be a part of such Rate, and shall be recoverable as such; (iii.) The amount of any Rate may be recovered by the Com- missioner by action in any court of competent jurisdic- tion 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 levied on any rateable land, after deducting ·therefrom any sums paid from time to time on account thereof, shall be and remain a charge upon such land, notwithstanding any change in the ownership thereof, and in priority to any mortgage, encumbrance, or other charge whatsoever thereon, until such Rates are paid. 8. If a Local Authority refuses or neglects to levy and collect Enforcement its proportion under this Agreement of the amount of money Ifaf:~;(fom. required to make good any deficiency as aforesaid in any year, the missioner. 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 Acts in respect of the valuation of rateable land and the levy, collection, and enforce- ment of the payment of rates. 9. Each Local Authority shall pay over to the Commissioner Local the amount for which it is liable under this Agreement in any year ~ ~ t~ ~ ~ ~ ty to after deducting the amount by way of expenses hereinbefore pre- amount. scribed, and all such sums shall be placed by the Commissioner to the credit of the account of the Railway. 10. Section fifteen of "The Railways Act of 1906' '* shall apply Contributiou to the contribution to be made by the Treasurer under this· Agree. by Treasurer. ment towards any deficiency arising as aforesaid, and such contribu- tion shall be made as in the said section provided in respect. of all vacant land within the Railway District which is vested in His Majesty and not subject to any lease or license. 11. Whenever the earnings of the Railway have for each year When during a period of three consecutive years been of such amount ~~ :l' ~~~ :~~ rer that no such deficiency as aforesaid has arisen, the Commissioner ffieiY bed shall by his certificate declare accordingly, and thereupon the rate. r ea.e . payers and the Treasurer shall be released from' all liability imposed by this Agreement, and this Agreement shall no longer apply to the Railway. For the purposes of this section, any surplus of the earnings of the Railway in any year shall be carried forward to succeeding years towards making good any such deficiency as aforesaid in any such subsequent year. 12. Regulations made under "The Railways Act of 1906"* Application of shall, so far as may be, apply to the Railway. Regulation•• 6 Edw. VII. No. 15, supra, page 2915.

6064 HAlLWAYS AND TRAMWAYS. Roma to Orallo Railu:a!/ Act. 4 Gw. V. No. 18, 1913. Ratification of ] 3. This Agreement shall have no binding force or effect upon Agreement. the parties hereto or otherwise howsoever, unless or until the same has been ratified and approved by an Act of the Parliament of. Queensland. Upon being so ratified and approved, this Agreement shall, not- withstanding anything contained· in "The Railways Act of 1906' '* or in any other Act to the contrary, be binding upon the parties hereto and all ratepayers and other persons concerned, and shall extend and apply tu the Roma to Orallo Railway. In witness whereof the parties to this Agreement liave hereunto set their hands and seals. W. H. BAHNES, Treasurer of Queensland. 8 The Official Seal of the Commissioner for Railways was affixed hereto by CHAS. EVANS, In the presence of- ARTHUR J. CROWTHER, Commissioner. Secretary. 8 '1'he Corporate Seal of the Council of the Town of Roma was affixed hereto by me, in the presence of- R. CONLAN, G. L. CHRYSTAL, Mayor. Town Clerk. () The. Corporate Seal of the Council of the Shire of Booringa was affixed hereto by me, in the presence of- F. A. DESHON, E. N. RUDD, President. Shire Clerk. 8 .6 Edw. VII. No. 15,aupra, page 2915. •

• RAILWAYS AND TRAMWAYS. 4 GEO. V. No. 27, 1913. Bri8bane Tramwa.ys Aat. The Corporate Seal of the Council of the Shire of Bungil was affixed hereto by me, in the presence of- THOMAS FERRIER, DON'D. Ross, President. Shire Clerk. 8 6065 An Act to Validate an Agreement entered into 4 Gco. v. between the Honourable Digby Frank Denham, N; ~ : 7. Chief Secretary, for and on behalf of the ' : RR; ~ ~ : : S Government of Queensland, and The Brisbane ACT OF 1913. Tramways Company, Limited, and to Authorise Certain Extensions to the Tramways of the said Company, and to Authorise the Making of Further Agreements for like purposes, and to Make Provision for Matters incidental to these Objects. [ASSENTED TO 26TH N OVEl\ fBEI~ , 1913.J "l"XTHEREAS, on the eighteenth day of October, one Preamble. \'l > thousand nine hundred and thirteen, an Agreement, which is set forth in the Schedule to this Act, was entered into between the Honourable Digby Frank Denham, Chief Secretary, for and on behalf of the Government of Queensland, of the one part, and The Brisbane Tramways Company, Limited, a conlpany duly incorporated and carry- ing on business at Brisbane, in the State of Queensland, and thereinafter and hereinafter referred to as "the Com- pany," of the other part: And whereas it is desirable that the construction of certain extensions to the tramways of the Company should be duly authorised, and that the .said Agreement should be validated by Act of Parliament, and that power RhouM be conferred to make further agreements containing like provisions: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- I. This Act may be cited as " The Brisbane 1 1 rarn- Short title. ways Act of 1913."