Warwick to Maryvale Railway Act of 1909 (9 Edw VII No. 6) (Qld)

9524 RAILWAYS. Warwick to Maryvale Railway. 9 EDW. yU. No. 6, 9 Edw. VII. An Act to Validate an Agreement entered into N; ~ : . between the Treasurer, the Commissioner for W~ : : ~ ~ L~ O -Railwavs, and the Counciis of the Town of . A! ~ ~ wfg~ 9. Warwi~ k and of the Shires of Clifton, Glen- gallan, and Rosenthal relating to the Construc- tion of a State Line of Railway from Warwick. to lVlaryvale, and to make provision for matters incidental thereto. ' , Preamble. Schedule. Sohedule. [ASSENTED TO 7'1'H DECEMBER, 1909.] W HEREAS it is proposed to construct a State line of Railway from Warwick, in the said State, to Mary- vale, in the said State, in length eighteen miles sixty-seven chains or thereabouts, in accordance with a plan, section, and book of reference prepared in that behalf' by the Commissioner for Hailways : And whereas the said plan, section, and book of reference were duly approved by the Parliament of the said State by Hesolutions respectively of the Legislative Assembly, passed on the sixteenth day of December, one thousand nine hundred and eight, and of the Legis- lative Council, passed on the twenty-first day of ])ecember, one thousand nine hundred and eight, and the route of the said Railway is delineated in the Schedule to this Act: And whereas, pursuant to "The Railways clct of 1906,"* a Railway District, under the name of "'l'he Warwick to Maryvale Railway District," was duly defined as delineated in the said Schedule by the said Commissioner a;nd transmitted by him to the Secretary for. Railways, but such Railway District has not yet been duly constituted as required by the said Act : And whereas the said Railway District comprises an area consisting of the whole of the Town of W arwick~ and part of the Shire of Clifton, and part of the Shire of Glengallan : And whereas it is provided by" The Hailways Act of 1906"* that, under and subject to tlle provisions and con- ditions of the said Act, if and as often as the earnings of the said Railway in any year after its completion should amount to less than a sum equal to the cost of maintaining and working the said Hailway during such year, together with interest for the same year at the rate of three pounds .. 6 Edw. VII. No. 15, BIIprCf, page 9109.

RAILWAYS. 9525 1909. Warwick to _Zl:Iar.yvale RaillMY. per centum per annum upon the certified cost of construc- tion thereof, then and in every such case the whole of the ~ mount of such deficiency should be paid and made good by means of a Railway Rate levied upon the ratepayers of the said Railway 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 part of the Shire of Glengallan which is not comprised within the said Railway District and the boundaries whereof are delineated in the said Schedule, and also the Sohedule. ratepayers, being the owners and occupiers of rateable land situated within the Shire of Rosenthal, the boundaries whereof are delineated in the said Schedule, should from time to time pay and make good to t~ e said Oommissioner a portion of any such deficiency arising as aforesaid, as and when the same shall arise, in partial exoneration of the rate- payers of the said Railway District and of the 'l'reasurer; and, moreover, that, as between the ratepayers themselves of the said Railway District (including the Treasurer), their liability to pay and make good to the said Oommissioner the residue of any such deficiency should be varied: And whereas, on the nineteenth day of May, one thousand nine hundred and nine, an Agreement was entered into between the 'Treasurer, the Oommissioner for Railways, and the Oouncils of the Town of Warwick and of the Shires of Olifton, Glengallan, and Rosenthal 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: Schedule. And whereas it is desirable that the said Agreement should be validated by an Act of J?arliament, and that the provisions of " The Railways Act of 190ti,"* as modified by the said Agreement, should apply to the said railway when constructed : Be it therefore enacte by the King's Most Excellent Majesty, by and with t e advice and consent of the Legislative Oouncil and L gislative Assembly of Queens- land in Parliament assemb ed, and by the authority of the same, as follows;- 1. This Act may be cited as "The. Warwick to Short title. 111aryvale Railway Act of 1909." 'if' 6 Edw. VII. No. 15, supra, page 910&. H

9526 RAILWAYS. Warwick to Maryvale Railway. 9 EDW. VII. No. 6, Validation of 2. (1.) The Agreement entered into on the nineteenth agreement. day of Mfty, one thuusand nine hundred and nine, between the Treasurer, the Commissioner for Railways and the Councils of the Town ofvVarwick and of the Shires of Clifton, Glengallan, and Rosenthal relating to the proposed State line of Railway from vYat'wick to Maryvale, a copy of which Agreement with the map attached thereto is set Schedule. forth in the Schedule to this Act, lS hereby validated. (2.) All the provisions of "lIke Railways Act of 1906,"* 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 Railway, be read and construed as one with the said Agreement. (3.) All sums of money which, in pursuance of the fSaid Agreement, may from time to time become payable by the 'Treasurer are hereby appropriated for the purpose. THE SCHEDULE. AGREEMENT entered into this nineteenth clay of May, 1909, between the Treasurer of the State of Queensland (hereinafter referred to as " the Treasurer") of the first. part; the CommiAsioner for Railways of the said State (hereinafter referred to as "the Commiisioner") of the second part; the Council of the Town of ·Warwick, a Local Authority within the meaning of " 'lite Local A.uthorities Act of 1902,"t of the third part; the . Council of the Shire of Clifton, a Local Authority within the meaning of the said Act, of the fourth part; the Council of the Shire of Glengallan, a Local Authority within the meaning of the said Ad, of the fifth part; and the Council of the Shire of Rosenthal, a Local Authority within the meaning of the said Act, of the sixth part. Whereas it is proposed to construct a State line of Railway from Warwick, in the said State, to Maryvaie, in the said State, in length 18 miles 67 chains or thereabouts, in accordance with a plan, section, and book of rderence 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 A.ssembly, passed on the sixteenth day of December, 1908, and of the Legislative Council, passed on the twenty-first day of December, 1908, and the route of the said Railway is delineated in the Schedule to this Agreement. And whereas, pursuant to " The Railwa,1ls Act of 1906,"* a Railway District, under the name of "The Warwick to Maryvllle Railway District," was duly defined as delineated in the said S~ hpdule by the Commissioner and transmitted by him to the Secretary for Railways, but such Railway District has not yet been duly constituted as required by the said Act. And whereas"the said Ihilway District comprises an area consisting of the whole of the Town of Warwick aforesaid, and part of the Shire of Clifton aforesaid, and part of the Shire of Glengallan aforesaid. It 6Edw. VII. No. 15, supra, page 9109. t 2 Edw. VII. No. ]9, Eupra,page 8355.

• RAn-WAYS. 9527 1909. Warwick to hIaryvale Railway. And whereas it i~ provided by" The Railwa.ys Act 0/1906"* that, under and subject to the provi8Ions and conditions of the s{lid Act, if and as often as the earningd ofthe said Hailway in any year after its completion should amount to le~s than a sum equal to the cost of maintaining and working the said Hailway during such year, together with interest for the same year at the rate of £3 per centulIl per annum upon the certified cost of construction thereof, then and in evpry such case the whole of the amount of such defic:ency ~ hould be paid :Jnd made good by means of a Railway Rate levied upon the ratepayers of the said' Railway Di!ltrict when duly cOI1;1tituted, and by the contribution of the Treasurer made, levied, collected, and paid in manner prol'i.ded 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 part of the Shire of Glengallan which is not comprised within the said Railway Di,trict and the boundaries whereof are delineated in the said Schedule, and also the ratepayers, being the owners and occupiers of rateable land situated within the Shire of Rospnthal, thp boundaries whereof are delineated in the said Schedule, shoul,! from time to time pay ana make good to the Oommissioner a portion of any such deficiency ari~ ing as aforesaid, as and wben the same arises, in partial exoneration of the ratepayers of the said Railway District and of the Treasurer; and, moreover, that, as between the rate- payers'themselves of the said Railway District (including the Treasurer), their liability to pay and make good to the Commissioner the residue of any such deficiency should be varied. And whereas the parties to these presents are desirous of entering 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 premi8es, 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:- L In this Agreement, unless the context otherwise indicates, the Interpreta- following terms have the meanings assigued to them respectively, that is tion. to say: ,.- "Local Authorities Act "-" The Local Authorities Act of1902,"t and any Act amending or in substitution for that Act; "Local Authority"-The Council of the Town of \Varwick, tIre Council of the Shire of Clifton, the Council of the Shire of Glengallan, and the Council of the Shire of Rosenthal ; "Railway District "-The Warwick to Mal'yvale Railway District defined as aforesaid, and delineated in the Schedule hereto; "Railway"-The ,\Tarwick to Maryvale Railway, to be constructed by thE:' route delineated in the S'chedule hereto, in length 18 miles 67 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 Act; <I< 6 Edw. VII. No. 15, .Yupra, page 9109. t 2 Edw. VII. No. 19, supra, page 8355.

9528 RAILWAYS. Warwick fo Mar.'J1Jale Railway. 9 EDW. VII. No. 6, "Ratepaver"-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 Warwick and the Shires of Glengallan and Rosenthal rt'spectively, within such Town or Shire, and, in 1 he C'lse of the 8hire of Clift.OJJ, situated within that part of the Shire which is comprised within the Railway District. Certificate of 2. The Commissioner shall, as 800n as may be after the construction cost of of the railway is completed, by a certificate under his hand and published construction. in the GotJernment Gazette, declare the actual co~ t 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 herein- after mentioned, include in a similar certificate such additions as are chargeable to the capital cost. Liability of ratepayers. 3. If and as often as the earnings of the Railway in any year after its completion amount to It'ss than a sum equal to the cost of maintaining and working the Railway during ~ uch year, togt'ther with interest for the ~ ame year at the rate of £3 per centulll per annum upon the certified cost of construction thereof, then anll in everv such case the ratepayers shall be liable to make good to the Commissi<i'ner the amount of such deficiency, and in the proportions following, that is to say:- The ratepayers of those parts of the Shires of Glengallan and C1ifton which are comprised within the Railway Diktrict The ratepayers of the Town of VVnrwick The ratepayers of that part of the Shire of Glpngallan which is not compri~ ed within the Rail way Dil:ltrict The ratepayers of the Shire of Rosenthal 12/24ths 7/24ths 3/24ths 2/24ths 24/24ths The Commi~sioner shall in re~pect of each 8uch year, by a certificate under his hand and published in the GODernment Gazette, declare whether , or not such deficiency exists, and the amount of such deliciency, if any: Provided that for the first year the account ~ hall be kept and certified to frolll the date of the completion of 1 he Hailway until the first day of July next ensuing, and such period~ hnlt for the purpo~ es of this Agreement be deemed to be a year, unless such period is less than three month~ , in which case any such deficiency shall be added to and be tieemed to form part of the capital cost of construction of the Railway: Provided further that during the currency of this Agreement subsection six of lIection four of " The Railways Act 0/ 1906"* shall not apply to the Railway District. . How 4. Any deficiency aforesaid in respect of the Railway shall be paid deficiency to and made good b. y means of a Railway Rate levied upon the ratepayers be made and by the contribution of the Treasurer as hereinafter provided. good. "Valuation. 5. (1.) The provisions of sections eight and ten of l< The Railwa!/lr ,t1c,t of Hl06"* ~ hnll apply to the valuation of all the rateable lands .situated within the Railway lJistrict. (2.) With respect to the Shire of Rosenthal and that part of the . Shire ~f Glengallan which is not comprised within the Railway District, the valuatIon of the rateable lands situated therein, made under and for the * 6 Edw. VII. No. 15, supra, page 9109. I.

RAILWAYS. 9529 1909. Warwick to lJ![ar!Jvale Railwa.y. purposes of the Local Authorities Act and for the time being in fOI'ce, shall be the valuation of those lands for the purposes of this Agreement and of the Raihmy Rate to be made nnd levied in re!'pect of those lands. G. (1.) So far as relates to tlw Shires of Clifton and Glengallan, Railway Rate. each Council shall, when nnd so often ns is required for the pur- pose of raising n sum of money which, when added to the amount of the Rate levied and collectert by the other Council nnd the contribution of the Treasurer as hereinafter provided, will be sufficient to make good 12/24th parts of the deficiency aforeFaid in respect of any yp:u, make and levy a Rail way Rate of a sufficient amount upon all rat('able land situated within so much of its Shire a~ is comprised within the Railway .District, in accordance with the val uation hereinbeforeprescribed. (2.) So f~ r as relates to the Town of Warwick, the Council shall, when and so often as is required for the purpose of raising a sum of money which, wben added to the contribution of the 'frrasurer as herein- after provided, wiJr. be 8ufficipnt to make good 7/24th parts of the deficienc.v aforesaid in respect of any ycnr, 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.) So far as relates to that part of the Shire of Glen gall an wbich is not comprised within the Railway District, the Council shall, when and so often as is required for the purpo~ e of raising a sum of ruoney sufficient to make good 3/24th parts of the deficiency aforf'said in respect of any year, make and levy a Rail"ay Rate of a sufficient amount upon all rateable land situated within that part, in aC"cordance with its valuation under' and for the purposes of the f,ocal Authoritif's Act. . (4.) So far as relate>'! to the Shire of Rosenthal, the Council shall, when and ;'0 often as is required for the purpose of raising a sum of money sufficient to make good 2/24th parts of the deficiency aforesaid in respect of :wy year, make and levy a Railway Rate of a sufficient amount upon all rateable land sitnated within, tha Shirf', in accordance with its valuation under and for the purposes of the Local Authorities )lct. . (5.) Each 8uch Local Authority shall be liable to the Commissioner for its proportion of the said moneys as ·for a debt. , (6.) Each such Local Aut hority shall include in such Rate an amount to cover the expenses '(if any) of valuat,ion and the making, levy., and collection of the Rate not f'xceedillg fife pounds for everyone hundred pounds of the amount required to be levied. (7.) Such Rate "hall be paid and borne by the ratepayers. 7. All the provisions of the Local Authorities Act relating to the Application making, levy, collection, payment, rpcovery, and enforcement of general of Local rates under that Act shall be applicable to the making, levy, collection, Authorities payment, recovery, and enforcement of the Railway Rate, so far as such Act. provisionR can be applied: _ Provided that., in addition to those provisions, the following pro- Additional visions shall be applicable to all RaillV:lY Rates:- provisions. (i.) With respect to the Shire of Clifton ana that part of the Shire of Glengallan which is comprised within the Railway District- • Ca) The CounCIls of those Shires sllall 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;

9530 RAILWAYS. Warwick to Mar!Jvale Railway. 9 Enw. VII. No. 6, . (b) The Commi~ sioner shall, whenever necessary, apportion the liability of each Imch Council so far as their ltability iD respect of the rateable lands .aforesaid is concerned; ( ~) 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; (ii.) If any ratepayer makes default in the payment of such Rate within sixty days /I.fter the same is levied, there shall be added to the amount a further sum, by way of pl'nalty, equal to six pounds per centum thereof; and such penalty shall thf\reafter 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 Commis· sioner by action in any court of competent jurisdiction 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 t,hat may have taken place in such ownership; (iv.) The total amount of such Hates, after deducting therefrom any sums paid from time to time on account thel'tlof, shall be and remain a I,lharge upon the. land, notwithstanding any change in the ownership thereof, aud in priority to any mortgage, encumbrance, or other. chargeo whalsoeverthereoD until such Rates are paid: .' Enforcement 8. If a Local Authority reful.'es or neglects to levy and collect its of Railway proportion under this Agreemel)t of the amount of money required to R~ ~ by Com- make good any deficiency as aforesaid in any year, the Commissioner may' JI1lBBlOner. 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 Act in respect of the valuation of rateable land and the levy, collection, and enforcemel)t of the payment of rates. Local 9. Each Local Authority shall par over to the Commissioner th& Authority to amount for which it is liable under this Agr('lement in any year after pay over amount. deducting the amount by way of expenses hereinbefore prescribed, and all 8uch sums shall be placed by the Commissioner to the credit of the account of the Railway~ . ' . Contribution 10. Section fifteen of ,. The Rail.;;ays Act of 1906". shall apply to by Treasurer. the contribution to be made by the Treasurer under this Agreement towards any deficiency arising as aforesaid, and such contribution shall be made as in the said section provided in respect of all vacant land within the Railway Djstrict which is vl'sted in His Majesty and not subject to any lease or license. When 11. Whenever the earnings of th~ Railway have for each year during ratde~ er8 a period of three consecul-ive years been of such amount that no such a m n ay. Ib.Je"'easurer d efiC.lency as afor'esdal h as ari . sen, t h e e omm " lSSlOner s h a 11 y b h I ' S cert' 1 fica t e released. declare accordingly, and thereupon the ratepayers and the Treasurer shall be relea. ~ ed from all liability imposed by this Agr-eement, and this Agreement shaH 110 longer apply to the Railway. For the purposp.!I 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. Applicationof' 12. RegUlations made under co The. Railways Act of 190G". shall, so Regulations. far .8S may be, apply to the Railway: it 6 Ed",. VII. No. 15, .8upra,page 9109.

RAILWAYS. 9531. 1909. Warwick to Maryvale Railway. 13. This Agreement shall have no binding force or effect upon the Ratificat.ionof parties hereto or otherwise howsoever, unless or until the same has been Agreement. ratified and approved by an Act of .the Parliament of Queensland. Upon being so ratified and approved, this Agreement shall, notwith- standing anything contained in " The Hailways 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 to the Warwick to Maryvale Hailway. In witness wnereof the parties to this Agreement have hereunto set their hands and seals. A. G. C. HAWTHORN, Treasurer of Queensland. The Official Seal of the Commissioner for Railways was affixed hereto by- . (0 J. F. THALLON, Commissioner. In the presence of- G. R. SrEER, Secretary. The Common Seal of the Council of the. Town of Warwick was affixed hereto by- o In the presence of- JOHN SPR~ : ADBllROUGH, ~ ' own Clerk. R.. J. SHILLIDAY, Mayor. The Common Seal of the Conncil of the Shire of Clifton was affixed hereto by- G P. H. IMHOFF, President. In the presence of- H. Mo TT, Shire Clerk. it 6 Edw. VII. No. 15, supra, page 9109.

9532 RAILWAYS.-WATER AND SEWERAGE. Metropolitan Water and Sewera.r;e. 9 EDw. VII. No. 12, The Common Seal of 1he Council of the Shire of Glengallan was affixed hereto by- 8 In the presence of- J. E. HEALY, Shire Clerk. F. GRAYSON, . President. The Common Seal of the Council of the 8hire of Rosenthal was affixed hereto by- G In the presence of- F. H. SELKE, Shire Clerk. F. R. BOYCE,. President. TUCHEKOI STATE FOREST. See FORESTS. WARWICK TO MARYVALE RAILWAY. See RAILWAYS. WATER AND SEWERAGE. 9 Edw. VII. An Act to Make Better Provision for the Water No. 12. THE METRO- Supply and Sewerage of the City of Brisbane l'OLITAN WATER AND and. its Suburbs. SEWERAGE .A. eT OF 1909. [ASSENTED TO 23RD DECEMBER, 1909.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - PART I.- PRELIMINARY PAR1' I.-PRELIMINARY. Short title. 1. This Act mav be cited as "The Metropolitan Water and Seu;erage Act of 1909." ..