An Act to facilitate the Construction and Working of [Assented to 24th September, 1885. BE it enacted by His Excellency the Governor of Western Australia See 53 Vic., and its Dependencies, by and with the advice and consent of No. 22 the Legislative Council thereof, as follows: 1. This Act may be cited for all purposes as The Tramways Act, Short title 1885.' 2. For the purposes of this Act the terms hereinafter mentioned Interpretation of shall have the meanings hereinafter assigned to them, that is to say The term 'Governor' shall mean the Governor of the Colony The term Commissioner' shall mean the Commissioner of The term 'road' shall mean any carriage way being a public The term road authority' shall mean any local authority, The term 'district,' in relation to a local authority or road The term 'prescribed' shall mean prescribed by any rules made The term 'tramway' shall mean any railway, unless otherwise terms 3. Provisional orders authorising the construction of tramways in By whom proany district may be obtained by: visional orders authorising the construction of tramways may (1) The local authority of such district; or by The Governor may in certain cases dispense with the con sent of local or road authority Notices and deposit of documents by promoters as in schedule Power for Commissioner to determine on application and on objection Commissioner to make provisional order Regulations as to construction of tramways in towns Tramways Act, 1885 Application for a provisional order shall not be made by any local authority until such application shall be approved in the manner prescribed in Schedule A annexed to this Act. 4. Where it is proposed to lay down a tramway in two or more districts, and any local or road authority having jurisdiction in any of such districts does not consent thereto, the Governor may, nevertheless, make a provisional order authorising the construction of such tramway if he be satisfied, after inquiry, that two-thirds of the length of such tramway are proposed to be laid in a district or in districts the local authority or authorities of which district or districts do consent thereto. 5. The promoters intending to make an application for a provisional order shall proceed as follows: (a) They shall publish notice of their intention to make such. application by advertisement in the form prescribed in the Schedule B annexed to this Act, both in the Government Gazette' and in one at least of the local newspapers if such exist: (b) They shall deposit at the Department of Public Works the documents described in Schedule C annexed to this Act, and according to the regulations therein contained: (c) They shall also deposit such documents with the town clerk or clerk of any local authority or authorities for the town or district in which it is proposed to construct the tramway. 6. The Commissioner of Railways shall consider the application, and may, if he think fit, direct an inquiry in the district to which the same relates, or may otherwise inquire as to the propriety of proceeding upon such application, and he shall consider any objection thereto that may be lodged with him before such day as he may appoint within one calendar month from the date of the receipt of the application in accordance with the advertisement in the Government Gazette,' and shall determine whether or not the promoters may proceed with the application. 7. Where it appears to the Commissioner expedient and proper that the application should be granted, with or without addition or modification, or subject or not to any restriction or condition, the Commissioner may settle and make a provisional order accordingly. Every such provisional order shall empower the promoters therein specified to make the tramway upon the gauge and in manner therein described, and shall contain such provisions as (subject to the requirements of this Act) the Commissioner of Railways, according to the nature of the application, and the facts and circumstances of each case, think fit to submit to the Legislative Council for confirmation in manner provided by this Act. 8. Every tramway in a town which is hereafter authorised by provisional order shall be constructed and maintained as nearly as may be in the middle of the road: and no tramway shall be authorised by any provisional order to be so laid at a less distance than ten feet between Tramways Act, 1885 the outside of the footpath on either side of the road and the nearest rail of the tramway, if one-third of the owners, or one-third of the occupiers of the property abutting upon the part of the road where such less space shall intervene as aforesaid shall in the prescribed manner express their dissent from any tramway being so laid. 9. Every such provisional order shall specify the nature of the traffic for which such tramway is to be used, and the tolls and charges which may be demanded and taken by the promoters in respect of the same, and shall contain such regulations relating to such traffic and such tolls and charges as the Commissioner shall deem necessary and proper. Nature of traffic on tramway, and tolls to be specified in provisional order 10. The costs of and connected with the preparation and making Costs of order of each provisional order shall be paid by the promoters, and the Commissioner may require the promoters to give security for such costs before they proceed with the provisional order. 11. After a provisional order is ready and before the same is delivered by the Commissioner of Railways, the promoters, unless they are a local authority, shall within the prescribed time and in the prescribed manner and subject to the prescribed conditions as to interest, repayment, or forfeiture, pay as a deposit into the hands of the Colonial Treasurer the sum of money prescribed which shall not be less than Five pounds per centum on the amount of the estimate by the promoters of the expense of the construction of the tramway, or deposit with the Colonial Treasurer any security of the prescribed nature the then value of which is not less than such sum of money. Promoters to cent. on esti mate, in the Colonial Treasurer deposit five per hands of the 12. When a provisional order has been made as aforesaid and Publication of delivered to the promoters, the promoters shall forthwith publish the provisional same by deposit and advertisement according to the regulations contained in Schedule D to this Act. 13. On proof to the satisfaction of the Commissioner of Railways of the completion of such publication as aforesaid, the Commissioner of Railways shall, as early as possible in the first ensuing session of the Legislative Council, procure a Bill to be introduced into the Legislative Council in relation to such provisional order for an Act to confirm the provisional order, which shall be set out at length in the schedule to the Bill; and until confirmation, with or without amendment, by Act of the Legislative Council, a provisional order under this Act shall not have any operation. If, while any such Bill is pending in the Legislative Council, a petition is presented against the provisional order contained therein, the Bill, so far as it relates to the order petitioned against, may be referred to a Select Committee, and the petitioner shall be allowed to appear and oppose either in person or by counsel. For the purposes of this Act, frontagers and omnibus proprietors shall be deemed to have a locus standi to oppose the Bill. The Act of the Legislative Council confirming a provisional order under this Act shall be deemed a public general Act. Confirmation of provisional order lative Council by Act of Legis 14. The Commissioner of Railways, on the application of any pro- Provisional moters empowered by a provisional order, may from time to time order may be revoked or amended Cesser of powers at expiration of prescribed time Local authority may lease or take tolls Tramways Act, 1885 revoke, amend, extend, or vary such provisional order by a further provisional order. Every application for such further provisional order shall be made in like manner and subject to the like conditions as the application for the former provisional order. Every such further provisional order shall be made and confirmed in like manner in every respect as the former provisional order, and until such confirmation such further provisional order shall not have any operation. 15. If the promoters empowered by any provisional order under this Act to make a tramway do not, within two years from the date of the same, or within any shorter period prescribed therein, complete the tramway and open it for public traffic; or, If within one year from the date of the provisional order, or within such shorter time as is prescribed in the same, the works are not substantially commenced; or, If the works having been commenced are suspended without a reason sufficient in the opinion of the Commissioner of Railways to warrant such suspension; the powers given by the provisional order to the promoters for constructing such a tramway, executing such works, or otherwise in relation thereto, shall cease to be exercised unless the time be prolonged by the special direction of the Governor. A notice purporting to be published by the Commissioner of Railways in the Government Gazette,' to the effect that the tramway has not been completed and opened for public traffic, or that the works have not been substantially commenced, or that they have been suspended without sufficient reason, shall be conclusive evidence for the purpose of this section of such non-completion, non-commencement, or suspension. 16. When a tramway has been completed under the authority of a provisional order by any local authority, or where any local authority has, under the provisions of this Act, acquired possession of any tramway, such authority may, with the consent of the Governor and subject to the provisions of this Act, by lease, to be approved by the Governor, demise to any person, persons, corporation, or company the right of user by such person, persons, corporation, or company of the tramway, and of demanding and taking in respect of the same the tolls and charges authorised; but nothing in this Act contained shall authorise any local authority to place or run carriages upon such tramway and to demand and take tolls and charges in respect of the use of such carriages. Notice of the intention to make such lease shall be published by the local authority by advertisement, and a copy of such lease shall be deposited according to the regulations contained in Schedule E annexed; and unless such notice is given and such copy deposited such lease shall not be approved by the Governor. Every such lease shall be made for a term or for terms not exceeding in the whole twenty-one years. On the determination of any lease made under this Act, the Tramways Act, 1885 local authority may from time to time, with the consent of the Governor, by lease, demise such rights for such further term or terms, not exceeding in any case nineteen years, as the Governor may approve. Every such lease shall imply a condition of re-entry, if at any time after the making of the same the lessees discontinue the working of the tramway leased or any part thereof for the space of two calendar months (such discontinuance not being occasioned by circumstances beyond the control of such lessees, for which purpose the want of sufficient funds shall not be considered a circumstance beyond their control). 17. Where the local authority in any district are the promoters of How expenses to any tramway, they shall pay all expenses incurred by them in be defrayed applying for and obtaining a provisional order and carrying into effect the purposes of such provisional order, out of the local rate, and any such expenses shall be deemed to be purposes for which such local rate may be made, and to which the same may be applied. tion of tramways 18. Every tramway which is hereafter authorised by special Act Mode of formashall be constructed on such gauge as may be prescribed by such special Act, and if no gauge is thereby prescribed, on such gauge as will admit of the use upon such tramways of carriages constructed for use upon the Government Railways of three feet six inches, and shall be laid and maintained in such a manner that the uppermost surface of the rail shall be on a level with the surface of the road; and no tramway shall be open for public traffic until the same has been inspected and certified to be fit for such traffic by the Commissioner of Railways or his agent. 19. The promoters from time to time for the purpose of making, Power to break forming, laying down, maintaining, and renewing any tramway duly up street, &c. authorised, or any part or parts thereof respectively, may open and break up any road, subject to the following regulations : (1) They shall give to the road authority notice of their inten- (2) They shall not open, or break up, or alter the level of any (8) They shall not, without the consent of the road authority, |