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AN ACT to confirm a Provisional Order

authorising the Construction of Tramways in the Districts of the North Perth Road Board and of the Perth Road Board.

[Assented to, 19th February, 1902.]

BE
E it enacted by the King'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 North Perth and Perth Road Board Districts Tramways Act, 1902.

Short title.

2. THE term “ Local Authority,” when used in this Act or in Interpretation. the Tramways Act, 1885, shall mean the Council of any Municipality declared and proclaimed or constituted under the provisions of any

Act

North l’erth and Perth Road Board Districts Tramways.

· Act relating to Municipal Institutions, 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 Provisional Order.

3. THE Provisional Order made by the Commissioner of Railways for Western Australia on the 29th day of January, 1902, and set forth in the Schedule to this Act is hereby confirmed.

Power to construct tramways.

4. SUBJECT to the provisions of the Tramways Act, 1885, the Promoter named in the said Provisional Order may make, form, lay down, construct, maintain and work the tramways set forth in the said Provisional Order.

5. THE Schedule shall form part of this Act. Schedule incorpor. ated.

6. THE local authority shall have the right, at the end of Preght af porishase by twenty-one years from the date fixed for the completion of the works

by the Provisional Order, upon giving six calendar months' notice in writing of such its intention, to purchase the whole of the lines, plant, lands, and buildings of the Promoter, situate and being within the North Perth Road Board and the Perth Road Board Districts as now determined, and which have been in use for the purposes of the tramway or tramways comprised within the Provisional Order hereinbefore referred to. The price to be paid for all land, whether freehold or leasehold, with right of purchase, shall be the amount paid or to be paid in accordance with the provisions of Clause three of the Provisional Order and no more. The price to be paid by the local authority for the lines, engines, cables, plant, buildings, and necessary appurtenances used in working the tramway or tramways shall be ascertained by arbitration, in manner provided by the Arbitration Act, 1895. If the local authority shall not exercise the right of purchase mentioned hereinbefore, at the end of twenty-one years as aforesaid, then such right shall not be exercisable by them until the end of twenty-eight years from the date fixed for the completion of the works by the Provisional Order, and if exercised then it shall be on the same terms and conditions as if they had exercised their right at the expiration of twenty-one years from the date fixed for the completion of the works by the Provisional Order.

7. IF the local authority shall not exercise the right of purchase mentioned in the next preceding section hereof, at the end of either the twenty-one years or the twenty-eight years therein specified, then, at the expiration of thirty-five years from the date fixed for the completion of the works by the provisional order, the whole of the lines, cables, engines, cars, plant, and all other appurtenances necessary for the carrying on of the working of the

koversion to local authority.

tramway

North Perth and Perth Road Board Districts Tramways.

tramway or tramways, together with all extensions thereof shall revert to the local authority free of all cost, and shall be handed over by the promoter or his assigns, in good working order and condition. All land or lands used for the purposes of the said tramway, whether freehold or leasehold, with right of purchase, shall also be conveyed to the local authority, who shall pay for same the price or prices indicated under the provisions of Section six, without any addition whatever. All buildings erected on such freehold or leasehold land, with right of purchase, and which are necessary for the carrying on of the tramway or tramways, shall also be taken over by the local authority, and the price to be paid by such local authority shall be ascertained by arbitration in manner provided by the Arbitration Act, 1895.

8. NOTHING herein contained shall prejudice or affect a

Saving rights of the certain agreement dated the 9th day of August, 1901, and made North Perth Road between the North Perth Road Board of the one part and the Board. Promoter of the other part, except so far as the same is contrary to or in conflict with the provisions of this Act or the Tramway3 Act, 1885.

Power for local au

running powers over

9. IF at any time hereafter any local authority shall require to connect with and acquire running powers over the tramways author- thority to connect ised by this Act, it shall be lawful to do so upon terms and conditions with and acquire to be settled by agreement, in writing, between such local authority tramways. and the Promoter or its assigns, and in default of such agreement or so far as such agreement shall not extend, upon terms and conditions to be settled by arbitration. If within twenty-eight days after notice served on the Promoter or its assigns by the local authority, requiring the Promoter or its assigns to agree to terms and conditions, the parties fail to come to an agreement, such notice shall, on the expiration of such twenty-eight days, operate as if it were a submission executed by both parties referring to arbitration the settlement of terms and conditions so far as not agreed upon.

crossing tramway.

10. IT shall at all times hereafter be lawful for the Commissioner of Railways, and for any person acting with his authority, to sioner of Railways construct, maintain, and use lines of railway crossing the said to make lines tramways at any points; and whenever any such line of railway shall have been so constructed, the Commissioner of Railways may require the Promoter or its assigns, at their or its own cost, to erect a suitable bridge over such railway for the tramway traffic.

11. WHENEVER any telephone service is erected prior to the construction of the tramways, and is prejudicially affected by the telephone service construction or working of the tramways, the Postmaster General from injury by may, at the cost of the Promoter or its assigns, do all such things as

may

tramways.

North Perth and Perth Road Board Districts Tramways.

may be necessary to protect the telephone service from being so affected either by placing the same on a metallic circuit system or otherwise.

12. IT shall be lawful for the local authority to make use of the for electric lighting. poles erected in connection with the tramway or tramways for the

purposes of electric lighting, whether such electric lighting be carried on by such local authority or by persons authorised by them to carry on such work.

In the name and on behalf of the King I hereby assent to this Act.

ARTHUR LAWLEY, Governor.

THE SCHEDULE.

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