Wee Macgregor Tramway Agreement Act of 1912 (3 Geo v No. 31) (Qld)

5750 RAILWAYS AND TRAMWAYS. Wee Macgregor Tramway Agreement Act. 3 GEO. V. No. 31, RAILWAYS AND TRAMWAYS. 3 N G o e . o 3 . I V . . An Aot to Empower the Commissioner for Railways THE WEE to enter into an Agreement with the Maogregor MACGREGOR TRAMWAY Clonourry Copper Mines, Limited, with respeot AGREEME1'1T ACT OF 1912.. to the Construction by the Company of a Tramway connecting its Mines with the lVIalbon to Sulieman Creek State Railway. Preamble. [ASSENTED TO 12TH DECEMBER, 1912.J W HEREAS the Macgregor Cloncurry Copper }fines, Limited, duly incorporated and registered as a "Limited Company under the laws of the State of Q,ueens- land, hereinafter with itR assigns and successors in interest referred to as" ffhe Company," is the owner of certain valuable mining properties in the Cloncurry Mineral District known as the Wee Macgregor Group: And whereas the Company is desirous of constructing a tramway within the land comprised in a mining tramway lease to be granted under "11he Mining Acts, 1898 to 1910,"* to connect the said mining properties of the Company with the Malbon to Sulieman Creek State Railway, and to work the said tramway when constructed for mineral arid other traffic : And whereas the Commissioner for Railways, herein- after referred to as "1'he Commissioner," has now in his possession steel rails, fish plates, fastenings, sleepers, and other permanent way material, the property of the Govern- ment of Queensland, and the Company has requested the Commissioner to provide and supply material as aforesaid for its said tramway, and the Commissioner is willing so to do and to enter into an agreement on that behalf: And whereas it is desirable that the Commissioner should be empowered to enter into such an agreement with the Company containing' covenants, conditions, and stipu- lations necessary and proper for giving effect to the afore- said objects, and for other purposes ancillary thereto: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative * 62 Vie. No. 24, 1 Rdw. VII. No. 10,2 Edw. VII. No. 24,9 Edw. VII. No. 15, and 1 Geo.v. No. 24, .supra,-pages 21'18 et . ~eq.

RAILWAYS AND TRAMWAYS. 5751 1912. Wee Macgregor Pramwa.'1 Agreement Act. Council and Legislative Assembly of Queensland in Parlia- ment assembled, and by the authority of the same, as follows : - 1. This A ct may be cited as "The Wee Macgregor Sho~ title. Tramway Agreement Act of1912." , 2. (1.) The Commissioner is hereby empowered, for Commissioner and on behalf of the Government of Queensland, to enter : : ~ ~ i: : : d to into an agreement with the Company having for its object agreement the construction by the Company of a tramway connecting ~ ~ : ; : : y. mining properties of the Company in the Cloncurry Mineral District known as the Wee Macgregor, Group with the Malbon to Sulieman Creek State Railway, and for the pro- vision and supply at an agreed rental by the Commissioner to the Company of permanent way material for the said tramway, an.d for the taking of proper accounts between the Company and the Commissioner, and at the option of the Company for the purchase of the said permanent way material from the Commissioner, and at the option of the Government for the acquirement of the said tramway by the Commissioner at an agreed price so as to form part of the State railways, and for other matters incidental and ancillary to the aforesaid objects. . (2.) Such agreement shall contain provisions to the effect following, that is to say : - (a). The Company shall construct the tramway within three years from the date of the agree- ment; (b) The tramway shall commence at some point .adjacent to Malbon, on the Malbon to Sulieman Creek State Railway, and extend along a route, delineated in the Schedule to this Act, within the lands comprised in a mining tram- way lease to be granted to the Company under "The Mining Acts, 1898 to 1910,"* to a ter- minus at or near the Company's mine at Wee Macgregor; (c) No person who has not first obtained, in the prescribed manner, a certificate that he is able to read and write from dictation words in the English language shall be employed by the Company in or about the construction of the tramway, under a penalty of one pound for * 62 VIC. No. 24,1 Edw. VII. No. 10,2 Edw. VII. No. 24,9 Edw. VII. No. 15, and 1 Geo;V. No. 24, 8upra, pages 2178 et.8eq.

5752 RAILWAYS AND TRAMWAYS. Wee Macgre.qor Tra1ll1oay AqrFement Act. 3 GEO. V. No. 31, each such person for every day during which such person is employed. 'rhe onus of proof that this section is being complied with shall rest with the person or persons charged with employing the same. The Governor in Council may from time to time make regulations- (i.) For the examination and granting of certificates of ability to read and write from dictation words in the English language; (ii.) For the exemption from the operation of this paragraph of any persons or classes of persons whom for any reason it is not considered necessary to examine; (d) The tramway shall be constructed on a gauge of three feet six inches and in accordance with plans and specifications approved by the Com- missioner as suitable for moderate mineral traffic at moderate speed; (e) The Company shall construct and complete the tramway at its own expense and to the satisfaction of the Commissioner within a period to be fixed. The officers of the Com- missioner shall have power to inspect the works during progress and at and after completion; (f) The Commissioner will supply such rails, fish plates, fastenings, sleepers, and other permanent way material as are at his disposal after making proper allowance for his requirements in con- nection with State railway extension; (g) The Commissioner shall render to the Company accounts showing the net actual cost of all material so supplied, including cost of carriage from storage depots to the site of the works, such accounts and relative vouchers to be open to the Company's inspection and verification; (h) All material so supplied shall remain the pro- perty of the Commissioner, and the Company shall pay, by way of rental therefor, in each half-year a sum equal to five pounds per centum

RAILWAYS AND TRAMWAYS. ~912. Wee Macgregor Tramway Agreement ACt. per annum upon the amount stated in the Com- missioner's said accounts; brit the Company may at any time pay to the Commissioner the amount so stated in the said accounts, where- upon the said material shall become vested in and he the property of the Company; (i) For .the forfeiture of the tramway and its appur- tenances to the Commissioner upon default by the Company in the observance of the agree- ment, or upon any assignment or other disposal by the Company, without the consent of the Commissioner, of the tramway or of the mining tramway lease or of the agreement, or the for- feiture or other pr~mature determination of the said lease, or upon the liquidation of the' Com- pany or its failure to meet its engagements; (j) The Company shall render to the Commissioner accounts of the total cost of construction of the tramway by it, such accounts and relative vouchers to be open to the Commissioner's inspection and verification; (k) The Commissioner may at any time pay to the Company the amount stated in such accounts, together with an additional sum of five pounds per centum upon such amount; and, if such payment is made after the Company has purchased the material supplied by the Com- missioner to it, may repurchase such material at a valuation; Fhereupon the tramway and all its appurtenances and the mining tramway lease and all property and title of the Company in and to the premises shall vest in the Commissioner, and the Company will execute all necessary transfers and other assurances for that purpose, and the Oommissioner shall be entitled to work, maintain, and manage the tramway as a part of the State railways vested in him, and the agreement shall be determined; (l) The tramway, including the materi~l supplied by the Commissioner, shall be kept in good order by the Company to the satisfaction of the Commissioner, and· shall be renewed by the Company when required by the Commissioner; or the Oommissioner may agree, either in the 5753

RAILWAYS AND TRAMWAYS.-RELIGION. Evangelical Lutheran (]hurch (Toowoomba) Land Sale Act. 3 GEO.V., Appropria· tion. agreement or by separate instrument, to so maintain or renew the same on behalf of and at the expense of the Company; , Cm) The Company, upon obtaining a permit from the Secretary for Mines to carry for hire upon the tr.1mway passengers or goods, live stock, or material for the public, shall not be entitled to demand or recover for the carriaOge thereof any tolls, fares, rates, or charges exceeding twenty- five per centum more than the amount payable in respect of similar services on the State rail- ways under the by-laws of the Commissioner in force for the time being, anything in any law to the contrary notwithstanding; (n) For the settlement by arbitration of any dis- putes under the agreement; (0) Other covenants and stipulations necessary or proper to give effect to the premises. 3. All sums of money which in pursuance of the said agreement may from time to time become payable by the Government are hereby appropriated for the purpose. RELIGION. 3 Geo. v. An Act to Enable the Surviving Trustees of an EVAia~ ~ ICAL LC~ ~ : ~ ~ N (l~ON~ O~ ~ ~ ~ ) AOT m' 1912. Allotment of Land in the City of Toowoomba, held in trust for the Erection thereon of Church Buildings in connection with the Evangelical Lutheran Church, to Sell the same and Apply the Proceeds towards certain purposes in con- nection with the said Church. Preamble. [ASSENTED TO 7TH DECEMBER, 1912.J W HEREAS by an Indenture dated the twenty-sixth day of July, one thousand eight hundred and seventy-six, a certain piece of land therein described and containing two roods more or less, being subdivision one of suburban allotment number nineteen of section nine, and situated in the town of Toowoomba, parish of Urayton, county of Aubigny (herein called "the said land"), was transferred by James Ivory, of Ipswich, in the State of Queensland, to Peter Flegler, George Wecker,