Page 547. 64 Vict., No. 43.-See W.A. Law Reports, Vol. V., p. 49. vi persons in whom a road, as aenned by the Tramways Act, 1885, 3. on. Confirmation of Provisional Order. Power to construct tramways. Schedule incorporated. Saving rights of Power for Local with and acquire Kalgoorlie Tramways. 3. THE Provisional Order made by the Commissioner of Railways for Western Australia on the 18th day of December, 1899, and set forth in the Schedule to this Act, is hereby confirmed. 4. SUBJECT to the provisions of the Tramways Act, 1885, 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. 6. NOTHING herein contained shall prejudice or affect a certain agreement dated the 18th day of October, 1899, and made between the Council and Burgesses of the Town of Kalgoorlie of the one part and the 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 Tramways Act, 1885. 7. IF at any time hereafter any Local Authority shall require Authority to connect to connect with and to acquire running powers over the tramways authorised by this Act, it shall be lawful to do so upon terms and conditions settled by agreement, in writing, by the parties, and in default of such agreement, or so far as such agreement does not extend, upon terms and conditions settled by arbitration. running powers over tramways. Protection of telephone service from If, within twenty-eight days after notice served on the Promoter by the Local Authority requiring the Promoter to agree to the 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 an arbitrator or arbitrators to settle by his or their award the terms and conditions so far as not agreed upon. 8. WHENEVER any telephone service is erected prior to the construction of the tramways, and is prejudicially affected injury by tramways. by the 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. In the name and on behalf of the Queen I hereby assent to this Act. ALEX. C. ONSLOW, Administrator. THE Kalgoorlie Tramways. THE SCHEDULE. PROVISIONAL ORDER. WHEREAS ERNEST EDWARD ROGERS, of Trustee Chambers, Barrack Street, Perth, in the Colony of Western Australia, gentleman, a person within the meaning of the expression "the Promoters," as defined by the Tramways Act, 1885, section three, sub-section two, has made application to me for a Provisional Order authorising the construction of tramways in the Municipality of Kalgoorlie, along the routes specified in the Schedule hereunder written; AND WHEREAS the said ERNEST EDWARD ROGERS has published notice of his intention to make such application in the form prescribed in the Schedule "B" annexed to the Tramways Act, 1885, by advertisement 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 and with the Town Clerk of Kalgoorlie: 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, FREDERICK HENRY PIESSE, 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 Municipality of Kalgoorlie as are mentioned in the said Schedule hereunder written, along the routes prescribed in such Schedule: Provided, nevertheless, that notwithstanding anything herein contained it shall be lawful for the Commissioner of Railways, at any time within six months from the date of this order, by notice, in writing, to the said Ernest Edward Rogers delivered at his address as aforesaid, 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 nine months after the confirmation of this Provisional Order, or within such extended time as the Commissioner of Railways and the Local Authority may approve, substantially commence the works in connection with the said Tramways, and complete the Hannan and Wilson Streets section thereof within six months of such commencement. 3. The Promoter shall, within two years from the passing of the Act of Parliament confirming this Provisional Order, purchase the freehold of, or lease with the right of purchase, all such lands as shall be required for the purpose of working the said Tramways, and shall forthwith after such purchase (which shall first be approved of by the Local Authority) notify the Local Authority, in writing, the price paid for such freehold and leasehold lands; and all buildings and works required or used in connection with the Tramways shall be erected on freehold lands or leasehold lands with the right of purchase. 4. The said Tramways shall be constructed on the 3ft. 6in. gauge. 5. The said Tramways shall be laid with steel rails approved by the Local Authority. 6. The said Tramways shall be used for the conveyance or carriage of passengers only. 7. The Promoter may demand and take, for every passenger conveyed upon the said Tramways, any tolls and charges not exceeding in amount the sum of sixpence for any single fare on a single journey: PROVIDED that the fares in Hannan Kalgoorlie Tramways. Hannan Street shall not at any time exceed threepence for a single journey: AND PROVIDED also that the promoter shall, as and when required by the Local Authority, provide special cars for workmen between the hours of 6 and 8 a.m. and 5 and 6:30 p.m., and all persons travelling on such cars between the said hours in the morning shall, on payment of a fare not exceeding the cost of a single fare, be provided with return tickets, the return portion whereof shall be available for use on similar cars between the said hours of 5 and 6:30 p.m. 8. The restrictions herein contained as to tolls and charges which the promoter may demand and take for the conveyance or carriage of passengers shall not extend to any special car (other than workmen's cars), but shall apply only to workmen's cars and to the ordinary cars provided by the promoter from time to time for the conveyance of passengers. 9. The tolls and charges authorised to be taken, and which may be demanded by the promoter, shall be paid to such persons and at such places upon or near the Tramways, and in such manner and under such regulations as the promoter shall appoint by notice to be exhibited in some conspicuous place in the inside of each of the cars used by the promoter upon the said Tramways; and after the expiration of five years from the opening of the said Tramways for traffic, such tolls and charges may be revised from time to time by the Local Authority and the promoter, and, in case of difference, shall be fixed by the Commissioner of Railways, or in such other manner as may be agreed upon by the Local Authority and the promoter; but no fare on any portion of the Tramways be at any time less than threepence, except as aforesaid. 10. Every passenger travelling upon the tramways may take with him ordinary personal luggage belonging to him, not exceeding in weight 20lbs., without any charge being made for the carriage thereof. 11. All cars used on the said tramways shall, during the first fifteen months from the date of the confirmation of this Provisional Order, be moved either by horse or electrical power, or by other power approved of by the Local Authority; and shall, after the said period of fifteen months, be moved by electrical power, or by other power approved of by the Local Authority; and the Promoter may erect and maintain all such poles and posts, with or without wires attached thereto, in the said streets mentioned in the said Schedule hereunder written, along the routes therein mentioned, as may be necessary or required for supplying electricity on the overhead trolly system, or in connection with other power as aforesaid, to the said cars and for working the said tramways. The poles and the positions of the same to be approved by the Local Authority. 12. During the first five years after the opening of the said tramways for traffic the time-table and fares to be observed for running cars upon each of the aforesaid routes shall be adjusted from time to time by the Promoter to meet the local conditions and requirements of the public, not being less than twelve trams per diem. After the expiration of the said period of five years the time-table shall be decided upon between the Local Authority and the Promoter, and, in case of difference, shall be fixed by the Commissioner of Railways, whose decision shall be final. 13. The said tramways may be constructed with single or double lines, as may be agreed upon between the Local Authority and the Promoter. 14. All plans and specifications in connection with the carrying out of the works shall be submitted to the Town Surveyor for his report, and to the Local Authority for approval, and all work shall be carried out and finished to the entire satisfaction of the Local Authority and their Surveyor or Engineer. 15. The provisions of the agreement, dated the 18th day of October, 1899, and made between the Council and Burgesses of the Town of Kalgoorlie, of the one part, and the said Ernest Edward Rogers of the other part, as to the payment by the Promoter of the ruling rate of wages, and Clauses D, H, I, J, K, L, and M of the said agreement, are incorporated with this Provisional Order as if the said provisions were expressed. 16. Kalgoorlie Tramways. 16. (a.) The Promoter shall supply cross-sections in accordance with the Act forthwith. (b.) The curve from Section 1 to Section 2, Hannan Street to Maritana Street, to be shown on Plan P.W.D., W.A., 7143. (c.) Section No. 2.-Figures showing distance of side of track from kerb on Sheet No. 1 (P.W.D., W.A., 7144) to be corrected. They should be 38ft. 3in., not 48ft. 3in. (d.) The poles carrying the feeder cables to be in the centre of the streets on all sections except No. 4 Section (wherein they are to be as shown on cross sections on P.W.D., W.A., 7146) and not slightly on one side, as shown on P.W.D., W.A., 7948, Sheet 2, and the tracks, both main line and passing sidings, must be so spaced as to leave a clear width of 3ft. between the said poles and the sides of the cars, that is to say, assuming the diameter of the poles to be 1ft., the centre of the tracks on each side should be not less than 7ft. 8in. from the centre of the poles. (e.) The spans between the poles not to exceed 120ft. (f.) The voltage of the current supplied not to exceed 600 volts without the approval of the Local Authorities. (g.) Height of cables and trolly wire above street not to be less than 19ft. without the approval of the Local Authorities. (h.) If any cables are erected close to any balcony or building, provision must be made to prevent the possibility of any such cables actually touching and making earth with the verandahs, etc., and provision must also be made for protecting any person standing on a balcony or verandah from accidentally touching the cables. No cable carrying a voltage of from 500 to 600 volts to be placed closer to any building or verandah or balcony than 3ft., and, wherever possible, cables to be on a level with the floor or roof of the verandah or balcony. (i.) In the event of fire or any other serious accident, the Local Authorities, Fire Brigade, or Police to have power to order the supply of current to be discontinued at any place, in order to avoid the danger or accident to firemen, etc., carrying out their duties; and the Tramway Company shall have no claim for compensation for loss of traffic or damage. (j) Where a trolly wire is supported by a span wire, the span wire to be insulated at both ends of the poles, in addition to the usual insulation between the span wire and the trolly wire. (k.) No wire, cable, pole, stay, or other fixing to be erected closer than 3ft. from any telegraph or telephone wire, cable, pole, stay, or fixing, without the permission of the Government. (1.) Each car to be provided with circuit-breakers or cut-out switches at (m.) Fenders of approved form to be fitted to both ends of each car. 17. On the signing of this Provisional Order the Promoter shall pay, as a deposit, into the hands of the Colonial Treasurer the sum of £3,250; and in the event of the said deposit not being paid, the powers given by this Provisional Order to the Promoter for constructing the said tramways shall cease to be exercisable |