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AN ACT to confirm a Provisional Order
authorising the construction of Tramways in the District of the Road Board of Kalgoorlie.
[Assented to, 5th December, 1900.]
E it enacted by the Queen's Most Excellent Majesty, by and
with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:
1. THIS Act may be cited as the Kalgoorlie Road Board District Tramways Act, 1900.
2. THE term “ local authority,” when used in this Act or in the Tramways Act, 1885, shall mean the council of any municipality Interpretation. declared and proclaimed or constituted under the provisions of the Municipal Institutions Act, 1895, or other board, council, trustees, or persons in whom a road, as defined by the Tramways Act, 1885, is vested, or who have the power to maintain or repair such road.
Confirmation of Pro
3. THE Provisional Order made by the Commissioner of Railways for Western Australia on the 17th day of October, 1900, as visional Order. a mended in the Schedule to this Act, is hereby confirmed.
Kalgoorlie Road Board District Tramways.
4. SUBJECT to the provisions of the Tramways Act, 1885, Powers to construct the promoter named in the said Provisional Order, and his assigns,
hereinafter called the Promoter, may make, form, lay down, construct, maintain, and work the tramways set forth in the said Provisional Order.
5. THE Schedule hereto shall form part of this Act. Schedule incorporated.
6. WHENEVER any telephone service is erected prior to the Protection of tele
construction of the tramways, and is prejudicially affected by the phone service from injury by tramways. construction or working of the tramways, the Postmaster General
may, at the cost of the Promoter and his assigns, do all such things as may be necessary to protect the telephone service from being so affected, either by placing the same on a metallic circuit system or otherwise.
7. (1.) SUBJECT to the provisions of the Tramways Act, 1885, The agreement of 20th June, 1900,
and of this Act, an Agreement bearing date the 20th June, 1900, include as parties the and made between the Kalgoorlie Road Board (thereinafter referred Promoter and any
to as the “local authority”) of the one part and Charles Preston through whose area Dickenson of the other part, is hereby validated, and the Promoter the routes go.
shall be deemed a party thereto in the place of the said Charles Preston Dickenson.
(2.) In the event of the whole of the tramway routes being hereafter within the area of any single local authority not party to the said Agreement, and so long as the whole shall so remain, the said Agreement shall be deemed to be made between the Promoter and such local authority.
(3.) In the event of any part of the tramway routes being hereafter within the area of any local authority not party to the said agreement, and so long as any part shall so remain, the said agreement shall be deemed to be made between the Promoter and every local authority within whose area any portion of such routes shall be, and the rights and obligations of the parties respectively shall be apportioned in accordance with the length of route, which shall be within the areas of the local authorities respectively being, or deemed to be, parties to the said agreement.
(4.) If the area of any local authority has ceased to include a portion of the said routes, such local authority shall cease to be a party to the said agreement.
8. IF at any time after the passing of this Act the Boulder Municipal Council shall consent to the extension of the tramways herein mentioned through the Municipality of Boulder, then the Promoter shall be obliged to apply to the said Council for a concession to construct said tramways, and shall apply to the
Kalgoorlie Road Board District Tramways. Commissioner of Public Works for a provisional order to construct said trams, and upon its issue and its confirmation by Parliament he shall construct the tramways herein mentioned, viz. :
Route A mentioned in the Schedule to this Act shall be
continued from its terminus at Fimister along Fimister Road to Boulder, and thence along Burt Street (or its continuation) to a point opposite the Grand Stand of
the Boulder Racecourse. Route B shall be continued from the boundary of the Boulder
Municipality along Lane Street (or its continuation) to its intersection with Dwyer Street, and thence along Dwyer Street to its intersection with Wilson Street, or
its continuation. Route C shall be continued from its present terminus on the
Boulder Municipality along North Terrace to its intersection with Wilson Street, thence along Wilson Street, or its continuation, to the intersection of Route B in Dwyer Street. He shall also construct such other tramways as shall be mutually agreed between the
Boulder Municipal Council and the Promoter. If the Promoter shall fail to comply with the provision of this section, the Boulder Municipality may construct the aforesaid continuation; and the Promoter shall be liable to pay for the whole cost of the same.
Such continuations, when made, shall be worked as part of, and in conjunction with, the original scheme: Provided that no extra fare be charged in connection with these continuations.
In the name and on behalf of the Queen I hereby assent to this Act.
ALEX. C. ONSLOW, Administrator.
Kalgoorlie Road Board District Tramways.
WHEREAS WEST AUSTRALIAN GOLDFIELDS, LIMITED, whose registered office in Western Australia is in Atlas Chambers, Bayley Street, Coolgardie, a Company within the meaning of the expression “ the Promoter,” as defined by the Tramways Act, 1885, Section 3, Sub-section 2, has made application to me for a Provisional Order authorising the construction of Tramways in the District of the Road Board of Kalgoorlie, between the present boundaries of the Kalgoorlie and Boulder Municipalities, along the routes in the Schedule hereunder written. AND WHEREAS the Promoter has published notice of its intention to make application in the form prescribed in the Schedule “B” annexed to the Tramways Act, 1885, by advertising in the Government Gazette and in the Kalgoorlie Miner newspaper, and has deposited the documents described in Schedule “C” annexed to the same Act, at the Department of Public Works, Perth, and with the Clerk of the Road Board of the Kalgoorlie District. AND WHEREAS I have considered the said application, and it appears to me expedient and proper that the said application should be granted: Now THEREFORE I, the undersigned, the Commissioner of Railways for Western Australia, do hereby, by virtue of the provisions of the Tramways Act, 1885, make a Provisional Order, and I do order as follows, that is to say :
1. The Promoter shall be and is hereby empowered to make, form, lay down, construct, maintain, and work Tramways in, upon, and along such of the streets and roads in the District of the Road Board of Kalgoorlie, between the present boundaries of the Kalgoorlie and Boulder Municipalities, as are mentioned in the said Schedule hereunder written. PROVIDED NEVERTHELESS that notwithstanding anything herein contained it shall be lawful for the Commissioner of Railways, at any time within six months from this date, by notice, in writing, to the Promoter, delivered at its registered office for the time being, to prohibit the construction of any part or parts of the said Tramway which, in the opinion of the Commissioner of Railways, may interfere with the Railway system.
2. The Promoter shall, within six months after the confirmation of this Provisional Order, or within such extended time as the Commissioner of Railways may approve, substantially commence the works in connection with the said Tramways, and complete the same within two years and six months from the date of such confirmation.
3. The Promoter shall, within two years from the passing of the Act of Parliament confirming this Provisional Order, with the approval of the Local Authority, in writing, in each instance first had and obtained, purchase the freehold of, or lease with the right of purchase, all such lands as shall be required for the purpose of or in connection with the working of the said Tramways; and shall forthwith, after each such purchase, notify to the Local Authority, in writing, the price paid for such freehold or leasehold lands; and all buildings, erections, improvements, and works required or used in connection with the said Tramways shall be erected on such freehold lands, or leasebold lands with the right of purchase, so acquired as aforesaid.
4. The said Tramways shall be constructed on a 3 feet 6 inch gauge.
5. The Promoter shall, at its own expense, at all times maintain and keep in good condition and repair, with such materials and in such manner as the Local Authority shall direct, and to the satisfaction of the Local Authority, so much of
Kalgoorlie Road Board District Tramways.
any road whereon any Tramway belonging to the Promoter is laid as lies between the rails of the Tramway, and when two Tramways are laid by the Promoter on any road at a distance of not less than 11 feet centres from each other, the portion of the road between the Tramways and, in every case, so much of the road as extends 18 inches beyond the rails on each side of any such Tramway; and in all cases when two tramways are laid on any road, such 'Tramways shall not be less than 11 feet apart from centre to centre.
6. All levels and gradings of each route shall be determined by the Local Authority, and approved by the Commissioner of Railways before any work in connection with the Tramway construction is commenced. If any work is commenced before this approval, in writing, has been given, then the Promoter shall be liable to the Commissioner of Railways in a penalty of Twenty-five pounds a day until such levellings and gradings are approved, such penalties to be recoverable by the Commissioner of Railways in any Court of competent jurisdiction.
7. Wherever the Tramways cross any line of railway, the Commissioner of Railways(a.) May permit the Promoter, temporarily or otherwise, to adopt a level
crossing; and (b.) May at any time require the Promoter to erect a suitable bridge over
such railway for the tramway traffic; or (c.) To contribute towards the construction of an ordinary road bridge for
use as well by the tramways as by the public, and to be built by the Government or Local Authority. Such contribution to be a sum of
£3,000 for a bridge over the Boulder Railway. The provisions of paragraphs (a) and (6) shall extend to any sidings already constructed, or hereafter to be constructed, connected with a Government railway, and whether private sidings or otherwise.
8. It shall at all times hereafter be lawful for the Commissioner of Railways, and for any person acting with his authority to construct, maintain, and use lines of railway crossing the said tramways at any points, and whenever any such line of railway shall bave been so constructed, the Commissioner of Railways may require the Promoter, at its own cost, to erect a suitable bridge over such railway for the tramway traffic.
9. The said Tramways shall be laid with steel rails, which shall not be less than 60lb. rails, and of such section as the Commissioner of Railways shall approve, and shall also be subject to the approval of the Local Authority or any officer appointed by it.
10. Wherever a single tramline shall, for the time being, be laid, the rails shall be so laid that whenever the tramline is duplicated the centre line between the two sets of rails shall be the centre line of the street.
11. All poles for carrying wires shall be erected at the side of the street with span wires between them, and all electric installation shall be similar to that in use by the Perth Tramways, in the City of Perth, at the date of this Provisional Order.
12. The said Tramways shall be used for the conveyance or carriage of passengers only.
13. Except as hereinafter provided, and in the case of special cars, such special cars to be previously notified to the Local Authority and approved of, in writing, by it, the Promoter may demand and take for every passenger conveyed upon the said Tramways any tolls and charges not exceeding the amounts following :-The maximum fare to be charged on any of the routes, A, B, C, and D, mentioned in the said Schedule hereunder written shall not exceed threepence for any single fare on a single journey: PROVIDED ALWAYS that the Promoter shall, as and when required by the Local Authority, provide special cars for workmen