Tully Sugar Works Act Amendment and Validation Act of 1937 (1 Geo Vi No. 10) (Qld)

16854 SUGAR. TuUy Sugal" Works, Etc., Validation Act. 1 (hn. VI. No. 10, CITY OF BRISBANE. See BRISBANE. SUGAR. (1) Tully Sugar. Works Act Amendment and Validation Act of 1937 (2) South Johnstone and Other Co-operative Sugar' Milling Associations Instalment Payments Reduction Act of 1937 .. 1 Geo. VI. No. lO 1 Gea. VI. No. 9 1 N GE o O .1 . 0V. I. An Act to Approve, Adopt, Authorise, Ratify, THE TULLY SUGAR Confirm, and Validate a Certain Order WORKS ACT AMENDMENT in Council relating to the Tully Sugar AND VALIDATION Works, and for. other purposes. ACT OF 1937. [ASSENTED TO 23RD SEPTEMBEB, 1937.] B E it enacted by the King's Most Excellent Majesty, 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 Tully Sugar Works Act Amendment and Validation Act of 1937," and shall be read and construed with *" The Tully Sugar Works Act of 1930," herein referred to as the Principal Act. Collective The Principal Act and this Act may be collectively title. cited as " The Tully Sugar lVorks Acts, 1930 to 1937." Validation of Order in Council of 24th June, 1937. Schedule. 2. The Order in Council dated the twenty-fourth day of June, one thousand nine hundred and thirty- seven, and published in the Gazette of the twenty-sixth day of June, one thousand nine hundred and thirty- seven, at pages 2153, 2154, and 2155, a copy whereof is set forth in the Schedule to this Act is hereby approved, adopted, authorised, ratified, confirmed, and validated; and all a~ s, matters, 'Or things done or performed under or pursuant to the said Order in Council hereby approved, adopted, authorised, ratified, confirmed, and validated prior to the passing of this Act, or to be done or performed under or pursuant to the said Order -in Council after the "'21 Geo. V. No. 24, supra, page 13361.

SUGAR. 16855 1937. T1{lly Sngar Works, Etc., Validation Act. passing of this Act, are hereby approved, adopted, authorised, ratified, confirmed, and validated, and are .and shall be valid and effectual for all purposes whatsoever" 3. In the reprinting of *" The Tully Sugar Works Reprint of Acts, 1930 to 1937," paragraphs (i.) to (iv.), both ~ : ; ; ~ ~ ~ ~ k8 inclusive, of the Schedule to the said Order in Council Act8, 1930 hereinbefore referred to (being all words in the said to 1937." ,Schedule from the commencement thereof up to but not including the headnote-" Validation of tramway to El Arish Area")-shall be and constitute and be numbered section 5A of *" The Tully Sugar Works Acts, 1930 to 1937." The paragraphs (i.) to (iv.), both inclusive, of the Schedule hereby made section 5A of such lastmentioned Acts and the respective headnotes of such paragraphs shall be and constitute, respectively, subsections one to four of the said section 5A and the sidenotes, respectively, of such subsections, and the words" in clause (i.) of this :Schedule" shall be amended to read" in subsection one ·of this section." SCHEDULE. ORDER IN COUNCIL. At the Executive Buildings, Brisbane, this twenty-fourth day of June, 1937. Present: The Deputy Governor, acting for and on behalf of His Excellency the Governor, in Council. 'W HEREAS under and pursuant to the provisions of tee The Sugar Works Act of 1922," the Tully Sugar Works Area (hereinafter referred to as "the said Area ") was duly created, und the Tully 'Sugar Works (hereinafte:r referred to as "the sugn,r works") were constructed and became vested in the Corporation being the Cor- poration. of the Treasurer of Queensland cre~ ted hy "tThe Sugar Works Guarantee Acts Arnendment Act of 1908 " (hereinafter teferred to as "the said Corporation "): And whereas pursuant to the pro- 'Visions of §" The Tu!ly 81t(Jar Works Act of H)30" it was provided that the Governor in Cou:G!Jil, when he was satisfied that an associa.tion, being a primary prodncers' co-operative association registered under 11" The Primary Producers' Co-operative Associations Acts, 1923 to 1926," in connection with the sugar works, was formed and duly * 21 Geo. V. No. 24 as amended by this Act. See, 8upra, pages 13361 and 16854. t 13 Geo. V. No. 30, sur-ra, page 10201. t 8 Edw. VII. No. 10, supra, page 3423. § 21 Geo. V. No, 24, 8upra, page 13361. 11 14 Oeo. V. No. 45 and amending Acts, supra, page 10776 et Beq.

16856 SUGAR. Tully Sugar Works, Etc., Validation Act. 1 GElD. VI. No. 10, registered, should have power to dired and empower the sa.id Co!'- poration to transfsi', and that the said Corporation should transfer to such association the management and control of the bu" , iu~ ss of the sugar works (a'J defined in *" The Tully S'ugm' Works Act of 1930 ") : And whereas it was farther provided, inter alia, that during the period of the management and control of the sugar works by such association the provisions of t" The Sugar Works Acts, 1922 to 1926," should, subject to the provisions of *" The Tully Sugar Works Act of 1930," be- and continue in force, and that all rights, powers, pi'ivileges, authorities, duties, and responsibilities vested in or imposed on the said Corporation by virtue of such Acts should, subject to *" The Tully Sugar Works- Act of 1930," be and continue to be in full force a.nd effect: And whereas snch an association, na.mely, the Tully Sugar Milling Co- operative Association, Limited, was so duly formed and registered ~ And whereas by an Order in Council of the fourteenth day ot May ~ ]931, the Governor in Council did order, direct, and empower the said Corporation to transfer to the Tully Sugar Milling Co-operative· Association, Limited (hereinafter referred to as " the said association ")' the management and control of the business of the sugar works, and further directed that such transfer should take effect on and from the· first day of May, 1931: And whereas, following upon such transfer, the said association is presently managing and controlling the business. of the sugar works: And whereas it is provided by tee The Sugar Works- Acts, 1922 to 1926," that the Governor in Council may, from time to time, make all such Orders in Council as he thinks fit for the further or more effectually or particularly carrying out the objects and purposes. of the said Acts, that such Orders may be of general application or' refer to certain classes of cases, or to any particular cases, and that the generalit,y of this provision shall not be qualified or affected by any provision of the said Acts giving power to make Orders in Council with regard to any subject-matter in such provision specified: And. whereas the Governor in Council thinks it fit that for the mOr6 effectually carrying out the objects and purposes of the said tee The. Sugar Works Acts, 1922 to 1926," and *" The Tully Sugar Works Act of 1930" provision should be definitely made and declared whereby' the said association shall have power and authority to acquire, either by agreement or compulsorily, any land within or outside the said Area, including land held under lease or license from the Crown or' land alienated from the Crown, or any easement over any land which may in the opinion of the said association be required for the purposes. of a tramway, and further, that the said association, for the purpose· of the carriage and delivery to the sugar works of sugar-cane, shall have power and authority to construct, lay down, maintain, work. and/or use, and remove from place to place any tramway upon any road or land of any tenure (including Crown land) within or outside- the said Area without acquiring any title to or easement or other' interest in or over such land; and that such powers and authorities· should have effect as from the passing of the said *" The Tully Sugar' Works Act of 1930 ": And whereas the said association, prior to the making of this Order in Council. anrl acting or purporting to act, pursuant to ~ he powers and authorities contained in t" The Sugar Works Acts, 1922 to 1926," and/or *" The Tully Sugar Works Act or 1930" in respect of the acquirement by it of land for the purposes of * 21 Geo. V. No. 24, supra, page 13361. t 13 Geo. V. No. 30 and amending Acts, supra, pages 10201 et seq.

SUGAR. 1937. l'ully Sugar Warks, Etc., Validatian Act. .a tramway and/or the power and authority to construct, lay down, maintain, and work a tramway upon any road or land of any tenure (including Crown land) within and/or outside the said Area, without acquiring any title to or easement or other interest in or over such land, has constructed and laid down and is maintaining and working .and/or using a tramway, constructed over lands within the parishes ·of Rockingham and Hull, from the sugar works to an Area called the " El Arish " Area: And whereas it is deemed fit to confirm the said power and authority of the said association of acquiring land for tramway purposes, the power and authority of constructing, laying .down, maintaining, working, and/or using a tramway as hereinbefore set forth and to validate and confirm the construction, laying down maintaining, working, and/or using the tramway already constructed by the said association as hereinbefore set forth: Now, therefore, the Deputy Governor, acting for and on behalf of His Excellency the ·Governor, and by and with the advice of the Executive Council, and pursuant to the powers and authorities hereinbefore set forth, doth hereby order, direct, and declare as follows :- That the said *" The Tully Sugar Works Act of 1930" shall, for all purposes of that Act, and t" The Sugar Works Acts, 1922 to 1926," be ann be deemed to and be construed as having contained as from the passing thereof the provisions set forth in the Schedule to this -Order in Council; and That the construction, laying down, maintaining, working, and/or using the tramway constructed ann laid down by the said association prior to the making of this Order in Council, being the tramway from the sugar works to the El Arish Area and constructed and .laid down over lands within the parishes of Rockingham and Hull is hereby validated and confirmed subject to the terms anci conditions as hereunder set forth in the Schedule to this Order in Council 168'57 SCHEDULE. (i.) Power to acquire land for the purposes of tramway. Under and subject to the provisions of r' The Public Works Land Resumption Acts, 1906 to 1926" (or any Act amending or in substitution for that Act) the association may acquire, either by agreement or compulsorily, any land within or outside the Tully Sugar Works Area, including land held under lease or license from the Crown or • 'land alienated from the Crown or any easement over any land which may in the opinion of the association be required for the purposes of the construction, laying down, maintaining, working, and/or using a tramway: Provided that in estimating the compensation to be paid on the acquirement of such land by the association, no allowance sball be made for any increase in the value of such larid by reason of the ·construction or proposed construction of any such tramway: Provided further, that for the purposes of the application of such .aforementioned Act, the association shall be deemed to be a construct- ing authority within·the meaning of that Act, and the land or easement in question shall be deemed to be land within the meaning of that Act. - ~ - -- - - - -- .. - - - - - - - - - - - - * 21 Geo. V. No. 24, supra, page 13361. t 13 Geo. V. No. 30 and amending Act, supra, pages 10201 et seq. ~ 6 Edw. VII. No. 14 and amending Act, supra; pages 8211 et seq.

16858 SUGAR TuUy Sugar Works, Etc., Validation Act. 1 GEJO. VI. No. 10, (ii.) Tramways. For the purpose of the carriage and delivery to the sugar works of sugar-cane the association may construct, lay down, maintain, ~ ork, and/or use and remove from place to place any tramway upon any road or land of any tenure (including Crown land) within or outside the Tully Sugar Works Area and without acquiring any title to or easement or other interest in or over such land: Provided that the association shall make such compensation to the owner or occupier as the circumstances shall require, and for the purpose of assessing such .compensation the provisions relating to the assessment or estimation of compensation contained in clause (L) of this Schedule, or in the *Public Works Land Resumption Acts, shall, mutatis mutandis, apply and extend. (iii.) Use of same. The association may use, on any tramway for the time being vested in or under the control of the association, any locomotives and rolling-stock drawn or propelled by animal, steam, or other motive power. The association may carry for hire upon such tramway passengers,. goods, live stock, and material for the public. (iv.) Application of provisions. The above provisions shall be and be deemed to have been inserted in t" The Tully Sugar Works Act of 1930" as at the date of the passing" of such Act. Validation of tramway to El Arish Area. The tramway constructed by the association prior to the making- of this Order in Council from the Tully Sugar Mill to the Area called the El Arish hea, and whether within and/or outside the Tully Sugar Works Area over land within the parishes of Rockingham and Hull, is hereby declared to be and to have been lawfully and validly constructed, laid down, maintained, worked, and/or used, and the association is hereby declared to have and to have always had the power and authority to construct, lay down, maintain, work, and/or use such tramway: And moreover such tramway shall be and be deemed for all purposes to have been constructed, laid down, main- tained, worked, and/or used pursuant to the powers and authorities contained in :j:" The Sugar Works Acts, 1922 to 1926," and t" The Tully· Sugar Works Act of 1930," as read and construed with the provisions hereinbefore set for:th in this Order in Council. Except as hereinafter provided, no action, suit, indictment, information, or other proceeding shall be commenced, presented, prosecuted, or maintained, or, if commenced before the publication in the Gazette of this Order in Council, continued, against the Govern- ment of Queensland or any Minister of the Crown, or Corporation of '" 6 Edw. VII. No. 14 and amending Acts, supra, pages 8211 et seq. t 21 Geo. V. No. 24, supra, page 1336I. t 13 Geo. V. No. 30 and amending Act, supra, pages 10201 et seq.

SUGAR. 19:37. Tully Sugar Works, Etc., Validation Act. the Treasurer (as defined in *" The Tully Sugar Works Act of 1930 ") <)r any officer or servant of such Government, Minister, or Corporation, <)r against the association or any' agent, officer, or servant of the association, for or in respect of the construction, laying down, main- tenance, working, and/or using the said tramway from the Tully Sugar Mill to the El Arish Area, and any judgment of any court obtained prior to or subsequent to the making of this Order in Council in respect of any such action, suit, indictment, information, or proceeding is and shall be vacated and of none effect whatever: Provided that nothing in this provision contained shall in any wise prejudice or affect any right which any person would have had to compensation in accordance with the provisions of this Order in Council if the said tramway has been or be constructed, laid down, maintained, worked, and/or used pursuant to the powers and authorities contained in t" The Sugar Works Acts, 1922 to 1926," and *" The Tully Sugar Works Act of 1930," as read and construed with the provisions hereinbefore set forth in this Order in Council : I Provided that the period during which any such person may make application for such compensation shall, in lieu of being the r period prescribed in The Public Works Land Resumption Acts, 1906 to 1926," be a like period commencing upon the date of the publication in the Gazette of this Order in Council : Provided that, where any person has, prior to the making of this Order in Council, instituted any action, suit, indictment, infor- mation, or other proceeding against the association or any officer or servant of the association to enforce any legal right or remedy which he would have had against the association in respect of the construction, working, maintenance, and/or. use of the said tramway if this Order in Council had not been made, then, and in any such case, the associa- tion shall be liable to pay to such person the taxed costs, as between party and party, incurred by pim in the prosecution of such action, suit, indictment, information, or other proceeding up to the date of the publication in the Gazette of this Order in Council but no further. And the Honourable the Treasurer is to give the necessary directions herein accordingly. G. W. WATSON; Clerk of the Council. ~ 21 Geo. V. No. 24, supra, page 13361. t 13 Geo. V. No. 30 and amending Act, supra, pages 10201 et seq. t 6 Edw. VII. No. 14 and amending Act, supra, pages 8211 et seq. 16859