Woongarra Tramway Act of 1917 (8 Geo v No. 16) (Qld)

8370 LAND, CROWN.-RAILWAYS AND TRAMWAYS. W oongarra Tramway Act. 8 GElO. V. No. 16, POWElI: to [9.] In any case where the Governor in Council is :ea::::n lands satisfied that any portion of land resumed under section in original three of this Act, or any part of any such portion, is not ()wners. required for the purpose for which it was so resumed, and that the late owner of the land is willing that the land not so required should be .revested in him so that he shall hold the same as by his former title, the Governor in Council may, by a further proclamation, cancel so much of the proclamation as resumed the said portion or part; and thereupon the said portion or part shall be and be deemed to be revested in the late owner thereof so that he shall hold the same as by his former title, and he shall be entitled, without any expense to himself, to receive from the Crown the necessary and proper instrument of title therefore RAILWAYS AND TRAMWAYS. 8NGoe.o1. 6V. . An Act to Ratify and Approve an Agreement made THE between the Treasurer of the State of Queens- W T O R O A N M G W AR A R Y A land and the Commissioner for Railways of the ACT OF 1917. said State and the Council of the Shire of Woongarra,providing for the Acquirement by the State of the Woongarra Tramway, and for other purposes incident thereto or consequent thereon. [ASSENTED TO 14TH DECEMBER, J917.J Short title. B E it enacted by the King's Most Excellent Majesty, , by and with the advice and consent of the Legis- lative Oouncil and Legislative Assembly of Queensland'in Parliament assembled, and by the authority' of the same, as follows ;- 1. This Act may be cited as "The Woongarra Tramway Act of 1917." Approval of 2. (1.) The Agreement entered into on the thirtieth Agreement. day of November, one thousand nine hundred and seven- teen, between the Treasurer of the State of Queensland and the Commissioner for Railways of the said State and the Council of the Shire of Woongarra for the acquirement by the State of the Woongarra Tramway, a copy of which Agreement is set forth in the Schedule to this Act, is hereby ratified and approved.

RAILWAYS AND TRAMWAYS. 8371 1917. Woongarra Tramway Act. (2.) From and after the first day of January, one State thousand nine hundred and eighteen, the Woongarra railway_ Tramway and al] the appurtenances of the same men~ tioned and described in the said Agreement shall become and be vested in the Commissioner for Railways free from any claim or encumbrance whatsoevel' ~ and shall be worked and managed by the said Commissioner as part of the railways of the State, and shall be subject in all respects to the laws in force relating to the working and management of State railways: Provided that the said Commissioner shall, under by-Jaws in that behalf, be entitled to charge, levy, and collect, in respect of goods, live stock, parcels, and passengers carried by him over or upon the Woongarra Tramway, such charges as he thinks proper, not being in excess of the charges for similar services heretofore made by the Council of the Shire of Woongarra in respect of the carriage of similar classes of goods, live stock, parcels, and passengers upon or ovel' the said tramway. 3. The discharge by the Treasurer of the Council of Discharge Woongarra from a debt of thirty-two thousand nine hun- ~ Y the dred and nineteen pounds, in respect of a portion of the a~ ~ a~ ~ ;: ~ _ indebtedness of the said Oouncil on account of a loan priation. by the Treasurer to the said Council for the construction of the said tramway, is hereby ratified and approved: . Moreover, all sums of money which in pursuance of the said Agreement have been paid or may from time to time become payable by the Commissioner for Railways are hereby appropriated for that purpose. THE SCHEDULE. AGREEMENT. AGREEMENT entered into this thirtieth day of November one thousand nine hundred and seventeen BETWEEN 'l'HE TREASURER OF THE STATE OF QUEENSLAND (hereinafter referred to as "The Treastrrer") of the first part THE COMMISSIONER FOH RAILWAYS of the said State (hereinafter referred to as " The Commissioner") of the second part and THE COUNCIL OF THE SHIRE OF WOONGARRA a Local Authority within the meaning of " The Local Authorities Acts 1902 to 1913"* (hereinafter referred to as" The Council ") of the third part: ... 2 Edw. VII. No. 19 and amendingAct.s, supra, pages 186 et seq., 5653, and 5918.

8372 RAILWAYS AND TRAMWAYS. W oongarra Tramway Act. 8 GEO. V. No. 16" WHEREAS the Council has pursuant to powers and authorities duly conferred upon it under the provisions of the laws in force relating to the construction maintenance management and working of tramways by Local Authorities constructed a Tramway known and hereinafter referred to as " the Woongarra Tramway" from Woongarra Junction on the Millaquin Branch Railway to Pember- ton in length twelve miles twenty chains or thereabouts and has: since its completion worked and managed the said Tramway and the said Tramway is now vested in the Council: AND WHEREAS the cost of the said Tramway including certain equipment was defrayed by the Council by means of loans from the Treasurer granted under U The Local Works Loans Acts 1880 to 1899 "*: AND WHEREAS on the thirty-first day of December one thousand nine hundred and seventeen the sum of thirty-six thousand eight hundred and twenty-seven pounds nineteen shillings, and eight pence will remain outstanding and unpaid by the Council in respect of principal and interest on the said loans which statement the Council hereby acknowledges will be correct on that date. AND WHEREAS the Council has entered into an agreement with The Millaquin Sugar Company Limited dated the first day of June one thousand nine hundred and fourteen providing for the construc- tion of a railway siding for the purpose of connecting the Qunaba Sugar Factory with the said Tramway: AND WHEREAS the Commissioner is desirous of purchasing and the Council is desirous of selling the Woongarra Tramway for such considerations and upon the terms conditions and stipulations here- inafter set forth and the Treasurer is willing to become a party to these presents for the considerations hereinafter appearing: Now THIS AGREEMENT WITNESSETH that in consideration of the premises and of the respective covenants conditions and stipu-. lations hereinafter contained the said parties do and each of them doth mutually covenant promise and agree with and to the other of them as follows that is to say- (1) Subject to and conditionally upon the passing by the Parliament of the State of Queensland of an Act ratifying this Agreement the Council hereby transfers to the Commissioner repre- senting the State of Queensland all the right title and interest whatsoever of the Council in the Woongarra Tramway constructed from Woongarra Junction on the Millaquin Branch Railway to Pemberton in length twelve miles twenty chains or thereabouts and in all the lands rights-of-way easements buildings bridges structures stations sidings tramlines accommodation works appliances and property whether real or persona] corporeal or incorporeal of the Council used or enjoyed by the Council for or in connection with or appurtenant to the said Tramway and all rights claims and. demands whatsoever of or by the Council in or in respect of the said Tramway and all rights powers and privileges that may belong to or be invested in or exercisable by the Council by reason of or in connection with the said recited Agreement all of which premises hereinbefore recited are hereinafter collectively referred to as " the Tramway" and will give to the Commissioner peaceable possession * 44 Vie. No. 9 and amending Acts, 8upra, pages 2023 et Beq.

RAILWAYS AND TRAMWAYS. 1917. Woongarra Tramway Act. of the Tramway and every part thereof The said transfer of the Tramway shall take effect on and from the first day of January one thousand nine hundred and eighteen and this Agreement shall be read and construed to the intent that on and after that date the Tramway shall be and shall be deemed to be vested in the Commis- sioner as a State Railway and all lands over which the Tramway is constructed (save and except any lands upon which the said siding has been constructed in pursuance of the hereinbefore recited Agree- ment) shall be deemed to be surrendered or transferred to the Commissioner NEVERTHELESS the Commissioner may at any time require a formal surrender or transfer of all or any land over or across which the Tramway is constructed AND the Council will at the Council'8 expense upon the written requisition of the Commis-, sioner procure all persons having any interest in or to any such land to transfer or surrender the interest of such persons in the said land to the Commissioner AND the hereinbefore recited Agree- ment with The Millaquin Sugar Company Limited and the benefit thereof shall be deemed to be assigned to the Commissioner as from the first day of January one thousand nine hundred and eighteen and shall be construed in all respects as if the Commis- sioner were a party thereto in lieu of and in substitution for the Council and the Council will at the Council's expense procure the Millaquin Sugar Company Limited to execute in favour of the Commissioner all grants of easement and other documents and instruments referred to in or required for giving full effect to the said Agreement All fire insurance policies and accident insurance policies held by the Council shall be transferred to the Commis- sioner The Council covenants to give a good and clear title to the Commissioner to the Tramway including all and singular the premises hereby transferred. (2) In consideration for the aforesaid transfer the Commis- sioner for and on behalf of the Council hereby pays to the Treasurer the sum of thirty-two thousand nine hundred and nineteen pounds. (3) In consideration for the aforesaid transfer the Treasurer on behalf of the Government of Queensland hereby absolutely dis- charges the Council from a debt of thirty-two thousand nine hundred and nineteen pounds being part of the indebtedness of the Council to the Treasurer as hereinbefore stated and acknowledged leaving a balance of three thousand nine hundred and eight pounds nineteen shillings and eight pence due by the Council to the Treasurer as on and from the thirty-first day of December one thousand nine hundred and seventeen which sum of money shall be deemed to be an advance by the Treasurer to the Council on the said date under," The Local Works Loans Acts 1880 to 1899 ,,* and " The Local Authoritie,s Acts 1902 to 1913 "t and which advance the Council hereby undertakes to repay to the Treasurer in manner following that is to say-seven hundred and twenty-two pounds two shillings and four pence on the first day of January one thousand nine hundred and eighteen and the balance being the sum of three thousand one hundred and eighty-six pounds seventeen shillings and four pence with interest thereon at the rate prescribed by the * 44 Vie. No. 9 and amending Acts, supra, pages 2023 et seq. t 2 Edw. VII. No. 19 and amending Acts, supra, pag~ s 186 et seq., 5653 and 5918. H 8373

8374 RAILWAYS AND TRAl\fWAYS. W oongarra Tramway Act. 8 GEO. V. No. 16, said Acts by thirty instalments of one hundred and forty-three pounds six shillings and ten pence each payable on the first day of JUly and the first day of January respectively in each year the first of which instalments shall be payable on the first day of July one thousand nine hundred and eighteen and upon any failure or default of the Council in making any of the aforesaid payments the Treasurer shall have all the rights powers and remedies conferred upon him under the aforesaid Acts for the recovery of moneys due by a Local Authority in respect of loans advanced by the Treasurer. (4) The Council doth hereby covenant with the Commissioner that the Council will so long as the Commissioner shall work the Tramway pay to the Commissioner within one month after the eonclusion of each cmshing season of sugar-cane in the Bundaberg district an amount equal to the sum of ten pence and one-third of a -penny on each and every ton of sugar-cane grown upon any of the lands described in the Schedule hereto and harvested therefrom during such crushing season and carried to the Millaquin Sugar Works at East Bundaberg over or upon a certain tramway the property of the Millaquin Sugar Company Limited now constructed and recently being used for the carriage of sugar-cane from certain of the said lands to the said works. (5) The Council doth hereby covenant with the Commissioner and the Treasurer and each of them that the Council will at all times at the cost and charges of the Council execute and do every such lawful agreement transfer assignment release instrument assurance or thing as the Commissioner may require for the more effectually transferring all or any of the said premises hereinbefore expressed to be hereby transferred discharged from all rights claims and demands whatsoever of the Council or of any other person whomsoever and for the more effectually enabling the Commissioner to obtain the full benefit of this Agreement the Council doth by these presents irrevocably appoint the Commissioner the tme and lawful attorney of the Council in the name of the Council at any time or times hereafter at the cost and charges of the COlIDCil to make or perfect any transfer and delivery of any of the said premises hereinbefore expressed to be hereby' transferred and not passing at law by the effect of the transfer hereinbefore contained and doth empower the Oommissioner to use and affix the seal of the Council to any agreement transfer assignment release instrument or assurance in that behalf and generally to make do and execute all such instruments writings and things relating to the said premises at his discretion as fully and effectually as the Council could do if acting therein and the Council doth hereby agree to ratify and confirm all the Commissioner shall do under this present power for any of the purposes aforesaid. (6) The Council dotlr hereby covenant with the Commissioner that the Council will not without the consent of the Commissioner at any time construct or maintain or (in any case where the Council has by law jurisdiction power authority or discretion to permit allow or approve the same) permit allow approve or authorise any person or corporatiop. to construct or maintain any,railway or tram- way within the limits of the Shire of Woongarra or upon'any road under the control of the Council which the Commissioner may consider as likely to compete with the operation by the Commis- sioner of the Tramway.

RAILWAYS AND TRAMWAYS. 1917. W:oongarra Tramway Act. IN WITNESS WHEREOF the parties to this Agreement have here- unto set their hands and seals. THE SCHEDULE HEREINBEFORE REFERRED TO. COUNTY OF Coox:. Parish of Kalkie. Portions 12, 40, 58, 76 and 77; Subdivision 1 of Resubdivision 2 of Sub. divisions 3 and 4 of Portion 78; Portions 82 and 83; Subdivisions 110, 2, and part of Subdivision 3 of Portion 86; and Subdivisions 1 to 3 of Portion 105. Parish of Barolin. Portions 1 to 3, 40, 4D, 4E, 6v, 22, 24, 25, 26, 27, 28, 29, 30, 40, 41, 42, 43, 44,47,49,50,51,54,55,57,58,59,6410,66,67, and 68; and Suburban Portions 26, and 130 to 133. THE CORPORATE SEAL of the Treasurer of Queensland was affixed hereunto by- EDWARD G. THEODORE, [SEAL] Treasurer. in the presence of- J. H. STANLEY, for Under Secretary. THE OFFICIAL SEAL oE the Commissioner for Railways W8.1 affixed hereto by- OHAS.. EVANS, (SEAL] Oommissioner. in the presence of- ARTHUR J. OROWTHER, Secretary. THE OOMMON SEAL of the Oouncil of the Shire of W oongarra was affixed hereto by- O. L. GIBSON, (SEAL] Ohairman. in the presence of- J. H. THOMAS, Olerk. 8375 ROCKHAMPTON HARBOUR BOARD. See HARBOURS. TRAMWAY, WOONGARRA. See RAILWAYS AND TRAMWAYS. WOONGARRA TRAMWAY. S~ e RAllJWAYS AND TRAMWAYIl.