Special Lease (Stirling Estate) Act 1916 (WA)
Western Australia
This Act was repealed by the
Western Australia
Western Australia
Special Lease (Stirling Estate) Act 1916This Act may be cited as the
The Governor may grant to Henry James Scott a Special Lease under the
It shall be lawful for the lessee under the said lease, or his transferees, to construct and maintain a railway, with all necessary, proper, and usual works and conveniences in connection therewith along the line described in the Second Schedule to this Act, to connect the demised land with Capel on the South‑Western Railway.
The Minister for Lands may set apart and reserve such portions of unalienated Crown lands as may be required for the construction of the said railway, and may, under and subject to the provisions of the Public Works Act, compulsorily acquire any alienated land that may be required for public purpose.
It shall be lawful for the lessee and his transferees, under and subject to the provisions of the said lease, to use on the said railway locomotive engines consuming any kind of fuel, subject to the approval of the Minister for Lands, and to draw or propel thereby wagons, trucks, carriages, and other vehicles thereon.
The Minister for Lands may make by‑laws for the regulation of traffic on the said railway, and may impose penalties not exceeding Twenty pounds for the breach thereof.
(1) It shall be lawful for the Minister for Lands to grant to the said Henry James Scott and his transferees a license under Section 154 of the
Land Act 1898 , to dredge for and remove shell from the bed of that portion of the estuary of the River Swan known as Melville Water, described in the Third Schedule to this Act, subject to the payment of an annual rent of Fifty pounds, and a royalty at the rate of Threepence per ton upon all shell raised.(2) Such license shall be renewed annually during the term of the Special Lease granted under the authority of this Act, so long as such lease continues, and shall be held subject to regulations made under the
Land Act 1898 , and in force for the time being.(3) The license shall be granted subject to the conditions that the dredging operations shall be carried out under the supervision and to the satisfaction of the Minister for Lands or such other responsible Minister of the Crown as the Governor may appoint, and that navigation shall not be interfered with, and for the prevention of the pollution of the river, and the accumulation of silt upon or damage to or disfigurement of the foreshore; and the Governor may make regulations binding on the licensee for the due observance of such conditions.
The said Henry James Scott and his transferees shall not hold ore have any interest in any lease or license granted in pursuance of the
[Sec.2.]
Western Australia
(Under Section 152, of “
Division.
Lease No. /152.
GEORGE THE FIFTH, by the Grace of God, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India. To all whom these presents shall come, greeting: Know Ye that we of Our special Grace and in consideration of the rent hereinafter reserved and to be paid by Henry James Scott, of Adelaide, in the State of South Australia, his executors, administrators, and assigns (hereinafter called and referred to as “the lessee”), and of the conditions hereinafter expressed and to be observed and performed by the Lessee, do by these presents demise and lease to the Lessee all that piece or parcel of land situate in the Stirling Estate, in the South‑West Division of Our State, and marked and distinguished in the maps and books of the Department of Lands and Surveys
1. That the Lessee duly pays the rent hereby reserved at the times and in the manner aforesaid.
2. That the Lessee works the land continuously and
bona fide for the purpose for which it is demised, to the reasonable satisfaction of Our Minister for Lands.3. That the Lessee shall within one year from the commencement of this Lease expend in buildings and machinery on the demised land, or with the approval in writing of Our Minister for Lands on other land in the State of Western Australia held by the Lessee and used in connection with the works established by the Lessee on the land hereby demised, or the dredging works used in connection with the license granted under the said Act, the sum of Ten thousand pounds to the satisfaction of Our Minister for Lands for the time being. And that the Lessee shall within the next following two years expend in buildings and machinery as aforesaid a further sum of Ten thousand pounds.
4. That the Lessee shall at all times during the term of this Lease supply to the public ground limestone equal to one‑half the total output for the time being of the demised premises, and of not less than eighty per cent. carbonate for agricultural purposes at a price not to exceed twelve shillings per ton pulverised finely enough to pass through a forty‑inch mesh or such lesser number mesh as the expert of the Department of Agriculture may determine after tests, and delivered on railway trucks at Capel, such ground limestone being the product of the demised premises.
5. That the lessee may construct a railway from the demised premises to connect with Capel on the South‑Western Railway along such line as may be approved by Our Minister for Lands, such railway to be laid out and constructed under the supervision and to the reasonable satisfaction of the Engineer‑in‑Chief or such other officer of the Department of Public corks as may be acting under him.
6. That so far as the railway extends over unalienated Crown land such land, one chain in width, will be reserved, and so far as it extends over alienated or demised land the same to the extent of one chain in width will be acquired by the Government subject to the payment by the Lessee of the cost of acquisition, and such compensation (if any) as may be payable to the owner or lessee.
7. That the land so reserved or acquired for the purpose of the railway will be demised to the Lessee for the term of this Lease without the reservation of any additional rent.
8. That the whole of the cost of surveying, laying out, constructing, and maintaining the railway, including labour and materials, shall be borne by the Lessee, and that the Lessee shall at all times during the term of this Lease keep the railway in good and substantial repair.
9. That connection of the said railway with the Government Railway at Capel shall be subject to the conditions of the usual siding agreement as required by the by‑laws of the Commissioner of Railways in force for the time being.
10. That notwithstanding that the Railway is intended primarily for the carriage of the product of the lessee’s works, the lessee will, if so required by Our Minister for Lands, during the term of this lease carry goods and passengers over the said Railway, at freights to be approved by Our Minister for Railways (not being less per mile than the freight in force on the Government Railways) and subject to such reasonable conditions as such Minister may from time to time prescribe, and if any question shall arise as to whether any such conditions are reasonable or otherwise such question shall be referred to arbitration as hereinafter provided.
11. That if and when Our Minister for Lands shall receive information to the effect that any portion of the Railway or any engine, car, or carriage used or for use on the Railway is dangerous from erroneous construction or want of repair or from any other cause or whenever circumstances may arise which in this opinion render it expedient, he may cause an inspection or examination of the Railway or the works connected therewith or the engine and other rolling stock in use thereon to he made, and upon such inspection may condemn the Railway or any portion thereof or any of the rolling stock or other appliances used thereon and may require any change or alteration therein or in any part thereof or the substitution of any material, engines, or rolling stock for the Railway, and thereupon the lessee shall, after notice thereof in writing, signed by Our Minister for Lands, proceed to make good or remedy the defects, or shall make such change, alteration, or substitution hereinbefore referred to as has been required in the manner aforesaid.
12. That if at any time in the opinion of Our Minister for Lands it is dangerous for traffic to pass over the Railway or any portion thereof until alterations, substitutions, or repairs have been made thereon or that any particular car, carriage, or locomotive should be run or used Our Minister for Lands may forthwith forbid the running of any train or vehicle over the Railway or portion of Railway or the running or using of any such car, carriage, or locomotive by delivering or causing to be delivered to the lessee a notice in writing to that effect, will his reasons therefor, in which he shall distinctly point out the defects or the nature of the danger to be apprehended.
13. That our Minister for Lands or any person appointed by him to inspect the Railway or works may at all reasonable times enter upon and examine the Railway and the stations, fences, or gates, roads, crossings, cattle guards, works and buildings, and the engines, cars, and carriages belonging thereto.
14. That any time during the currency of this lease it shall be lawful for Us, Our Heirs and Successors, to purchase the said Railway at sum equal to the cost of construction less depreciation as determined by the actual condition of the line. For the purposes of this provision the cost of construction and such depreciation shall be fixed by the Engineer‑in‑Chief or such other officer as for the time being shall be in charge of the construction of Government Railways. In the event of our purchasing the Railway provision shall be made for the carriage thereon of limestone and other products of the lessee’s works for the lessee at rates not to exceed the current rates for the time being on Government Railways, and facilities of transit equal to those existing at the date of such acquisition shall be continued.
PROVIDED NEVERTHELESS that it shall at all times be lawful for us, Our heirs and successors, or for any person or persons acting in that behalf by Our or their authority, to resume and enter upon possession of any part of the said lands which it may at any time by Us, Our heirs, and successors, be deemed necessary to resume for roads, tramways, railways, railway stations, bridges, and generally for any other works or purposes of public use, utility, or convenience, and for the purpose of exercising the power to search for minerals and gems hereinafter reserved, and such land so resumed to hold to Us, Our heirs and successors, as of Our or their former estate, without making to the Lessee, his heirs and assigns, any compensation in respect thereof, so nevertheless, that the lands so to be resumed shall not exceed one‑twentieth part in the whole of the lands aforesaid, and that no such resumption the made of any part of the said lands upon which any buildings may have been erected or which may be enclosed and in use for the more convenient occupation of any such buildings, without compensation. PROVIDED ALSO that it shall be lawful at all times for Us, Our heirs and successors, or for any person or persons acting in that behalf by Our or their authority, to cut and take away any such indigenous timber, and to search and dig for and carry away any stones or other materials which may be required for making or keeping in repair any roads, tramways, railways, and generally for any other works or purposes of public use, utility, or convenience, without making to the Lessee, his executors, administrators, and assigns, any compensation in respect thereof. And we do hereby save and reserve to Us, Our heirs and successors, all mines of gold, silver, copper, tin, or other metals, ore and mineral or other substances containing metals, and all gems and precious stones, and coal or mineral oil, in and under the said land, with full liberty at all times to search and dig for and carry away the same, and for that purpose enter upon the said land or any part thereof. PROVIDED ALSO that if the Lessee shall during the term hereby created at any time make default in payment of the rent hereby reserved or any part thereof, or shall fail to duly observe the conditions under which this Lease is granted or any of them, this Lease and the Lease of the said Railway shall be liable to forfeiture and it shall thereupon be lawful for Us, Our heirs and successors, into and upon the said demised premises or any part thereof in the name of the whole to re‑enter and the same to have again, re‑possess and enjoy, as if this deed poll had never been executed, and the provisions of Section 15 of The
[Plan]
In witness, etc.
[Sec.3.]
Starting from the north‑west corner of the boundary of the land demised by the Special Lease set out in the First Schedule and extending in a south‑easterly direction to the Capel Station on the Bunbury‑Busselton line of railway, as delineated on a map marked Department of Lands and Surveys
[Sec.7.]
Bounded by lines starting from a beacon in Melville Water situate about 62 chains south and about 35 ½ chains west from the south corner of Perth Town Lot L57 and extending about 205
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