1 899.
QUEENSLAX IL
lictjiûlalùic :Lsrinbh].
LEASE OF JÎAIIËON FALLS TO THE CHIIJIGOE
EAILWAÏ AND ALINES, LIMITED.
I'ÜURIÍSI'OXDIÍXCIÍ WITH tH IT, DlirAKTMhIX'i' ()!■ TlHII.iC I.AXDS R ]•: IHÍU KI X( I 'JO A Tl'l.U'ATIOXS
RRO.M TIIIÍ OltlLLAGOK 1!\IIAVAV AM) .MIXRS, IT MII Iii), FOR LKASIÍS OF LANDS AT TUF
iURROX FAFFS, RARFSII OF CAIRXS, CA1IÍXS L.AXl) AOKXT'S DISTRICT.
Laid on fhu Table of the Lcfiislalioo Assembh), and Ordered to be Printed 12//« Decenihcr^ 1899.
AIr. C. av. Chai'afan to Tub Under Secuetary for Puih.dj Lands.
Brisbane, 14th December, 1897.
Sir,—1 have the honour to make ai)plication for a special lease, under the provisions of section 91
of " The Crown Lands Act of 18sl," of a portion of land on the .south side of the Barron River, in North
t^uecnsland, having a frontage of 2-5 chains to that river, 12 chains above and 18 chains below the break
of the Barron Falls, with a depth of 10 chains from the margin of the stream, for the erection of ore
reduction works (to treat copper and other ores from the Chillagoc Copper Alines, utilising for that purpose
the power of the Falls), for the term of thirty years, and to re(|nest that the lease, if granted, shall issue
in the name of the Chillagoe Projn'ietary, Limited.
1 have, &c.,
C. W. CHAPMAN.
B.C.—The Surveyor-General. For noting and lithograph.—^F. X. JL, pro Under Secretary
17-12-97.
The Under Secretary fur Public Lands to Mr. C. W. Ciiaicai-an.
Department of Public Lands,
Brisbane, 28rd Deceuil)cr, 1897.
.Sir,—i have the honour to acknowledge the receipt of your letter,s dated 11th instant, and to
state that tlie subject referred to therein will bo dealt with as early as jiracticablc.
1 have, &e.,
WALTER C. IIL'.AIL, Undersecretary.
Meaiorandum IIA riTE Survey DErARTMENT.
Application for Special Lease, Parrón Falls, 2') acres. Cairns Land Afjenfs Distinct.
AIeuoiíandim.—The laml applied for appcar.s to be ])art of a reserve for public ])urposes of 172
acres, |)roclaiincd in the Government Gazette for 1897, volume l,pago 1175. Under Government control.
Lithograph herewith.—H. Al.
This apjicars to be a (luestion of the very highest importance.— ,V. i\L 1)., 21-12-97.
U p May Land Commissioner be asked to re|}ort.—28-12-97.
^ ^ AXb.—F. X. IL, 2-1-12-97.^
2, C B.C.—The Land Commissioner, Cairns. l\)r report as aliove. Papers to be returned.—.lohn S.
P. Bourne, for the Under .Secretary, 29-12-97.
A. 66—1899.
2
l'un IjA-NI) m ('AIHNs, /o l'illi It NIjKK .^nulcIiTAliV ¡ou i'iilwjiu Jj.VMJM.
]'ul)lic J-aiids Odico,
("ail-lis, SI,h January, ISIIS,
SiK,—Witli rcFcrciirc lo tliii a |i|il loa ( ion by Air. ('. \\b ('iiajinion for a special lease of 25
acres al Hie Harron ("alls, I have (lie liniionr- (o stale lliat, the (|ueslion beine a very iinpoitant one, ]
would like before iiialiiiii; any tn ;;ii over the groiiinl with Air. Cha]iinan, or someone else
representing I he ( "liillay.oe I'ropnel a ry, who wnnhl point ont on iJie s|)ot e.xactly what the Company
))i'opose to dn 111 the way id ereeling i-nieliing works, ,kc., and explain the jirobablo elTeet oi: .such works
on the surroiiniling vegeta,tion ; akso the vidnme of waler required for power and other imrpose.s.
It is prohabhi that the waler supply lor ('aims will he drawn Iroiii l.hi.s souire beloro many years.
Therefore, the matter should rceeive ample consideration hefore any concessions are granted.
I have, itc.,
\VliJ;T,\iVl T. WiriTE, Land Commissioner.
Tin: lendiiit Siocuierviiv loi: ITiin.ii; Lan'ds io 'J'lii: Cvm) CoMxtissioxKR, Cair.ns.
1 )e|iartment of Public Lands,
Hrisbanc, 2Hh January, 1 8!)S.
Al i:m OHA Miii.m. ltd erri ng to yonr lei ter of the s i,h instant, rc appi ication by AJr. C. W Chapman,
on behall ol the Cliillagne Proprietary, himiten, lor a special lease of 25 acres of land on the
liarron Itiver (at the hre.ak of the, Harron Palls), for the erection of ore reduction works, you are
re(|uestcd to he good enongh to make a personal inspection in the matter when opportunity olfcrs, but as
.soon as possible.
P. X. IIEEXLA^, Under .Secretary.
Tin: L.vnd ("dm xtissionur, Camín.i, /o Tnic Umjiir Skcrriarv for Public Lands.
Public Lands Ollice,
Cairns, 5th Ecbruary, is'ts.
Sir,—-With reference to the application of Air. (", W. Chapman For a special lease of 5H acres at
the Barron Falls, and your memo, of the 21tti ultimo tliereon, t have the honour to report that, having
inspected the site applied for, which is part of a reserve o!" 172 aeres,! am of the opinion that the
erection of ore reducing works in the immediate neighbourhood of the Falls would greatly impair the
beauty of the place, and spoil the reserve as a public park, for which it was no doubt intended. There¬
fore, i con.sider that the application for ,i special lease should not be granted.
1 have, &c.,
AFILLIAAI T. WHITE, Land Commissioner.
Pa[)crs returned herewith.
TKLRURAXt FRO-M TttIO AIaYOR OF CaIRNS lO Tu K IE IXOU RARLi: Tlli: Ali.NlSTER FOR Lv.vDS.
Cairns 12lh Ecbruary 1S98.
Farge anil inlluciitial meeting of citizens hold last night at wliicli the following resoliitious were
carried uiianimouslv First that this mci-tiiig strongly proti-sts against the graiiliiig of anv special
lease to a.ii\' cm-poratioii or person of any lands in the immediate vicinity of the Barron l'"a]ls or to the
alienation cd' any such land Hccoiid thai, the public lauds and rc.serves imincdiatcly surrounding the
Barron Falls and also the public iaiiiU situate on Pre.sli Water Creek rcfcrreil to in tiic Hydraulic
Engineers Itcport of .J uly twenty eight ninety two be proehiiinod reserves for water .supply and other
)mrpose.s fur the town of Cairns and district Third that these resolutions be wired to the Alinislcr of
Lands.
KAEL AUAIULLER Alayor.
Mmutc bjj the, ILoiioiirahle The Secrnfari/ for Public Lands.
Mr. s\urnii]]er may bo informed Hiat nothing will be done without full inquiry being made as to
the effect that would ensue from the granting of any such lease. No action towards proclaiming
these reserves for the [mrposcs exclusivelv of the town of Cairns will be taken for the ]n-csent.—
J. E. (>. E.,"il-2-9S.
Tin: Town Clkrk, Cair.vs, ¡o Tin: IIo.nourarj.e tuk AIimster for L.txns.
MiiiiicipalHn of Cairns.
Cairns, 12th February, 189S.
Sir,— 1 have the honour, by direction, lu write and request lhal.ihe lands inmu-diately surrounding
the Barron h'alls and on Freshwater Creek, referred to in the Hydraulic Engineer's rc])ort to this Council
of 28th .Lily, 1892, he proclaimed waler reserve for supplying Hie town of Cairns with water and for
other purposes, and 1 am also to say that my Council stroiigiv protests against any application being
granted lo any oth(-r body for a monopoly of the same.
'Trusting this matter mav receive your eonsidcration.
i have, Ac.,
J. A. BUNTING-, Town Clerk.
Minute hij the Ilunonruhlc the Secretary for Pubtic Lands
tue iltcituon on telegram.—,1. ]■'. G. F., 4-8-98
'■)
Al.iuu'.tri b)j the Ilüii,nirubLe, the SvcyeUu'n ¡or M^nhlni Litmly
rtic upplicaiits inform me lliat they beiieve that certain correspondence ami verbal coininunical ions
that have passed between them and some of the leading citizens in (tiinis (tlu; correspondence being
partly through the medium of tlie Press) have now removed anv misapprehension.s on the part of the
Dcople of Cairns as to the supposed injury that would bo done to that I own by the granting of a speciiil
lease as asked for.
AVrite to Mayor asking him whether the objections previously raised will be withdrawn upon
receiving an assurance from the Goveimmcnt that in granting anv such lease the beauty of the Falls will
be absolutely respected, and that nothing will be done to interfere with the localitv as a pleasure resort ;
also, that ample guarantees will be takcji to guard against the pollution of the stream and the diminution
of the supply of water for all purposes that ma^' be re(|uisite for localities lower down which may look to
the upper parts of the river for a water supply,—.1. P. (1. F., 4-Pit's.
Minnie l¡¡¡ Ihv Under idccreidrij for Jduhlic Lands iliij Order) .
Also ask Mayor if tlicro are any other comlitions that he thinks should be inseitod in the proposed
special lease ; to mention them in his reply.—F. X. 11. 1-4-ilS.
Tue Uxueh, isecretaut: loiii Fuijiuc L.vnüs lo The Wuiisiiinal the Mayor, C.\irns.
JJe]jartment of I'nblic Lands,
Brisbane, loth February, IStJs..
Sut,—Kefcrriug to your telegram of the idth instant, conveying resolutions passed at a meeting
of citizens held at Cairns on the flth instanc, protesting against the granting of any special lease to an}^
corporation or person of any lands in the immediate vicinity of the Barron Falls or to the alienation of
any of such lands, and requesting that the puhlic lands ami reserves iiniuediately surrounding the Barron
Falls, and also the public lands situate on Freshwater Creek referred to in the Hydraulic Engineer's
report of 2Sth July, 1892, be proclaimed reserves for water siqiply and other purposes for the town of
Cairns and district, I have the honour, by direction, to inform you thai nothing will bo done without full
inquiry being made as to the eifect that would ensue from the granting of any such lease. No action
towards proclaiming those reserves for the ¡lurposes exclusively of the town of Cairns will be taken for
the present.
1 have, ckc.,
F. X. HEEXEr, pro Under ¡Secretary.
Tue Usher .Secretary eor Furlic Laxhs lo The La.xui Commissio.ner, Caiuxs.
Department of Public Lands,
Brisbane, 22nd February, ISiJS.
i\letiorandum.—With reference to your lellcr of the .Ith instaiil, reporting on 0. W. Chapman's
application for a special lease at the Barron Falls for the purpo.se of ertcling ore reduction works, 1
have, by direction, to inform 3011 that nothing will be done without full inquiry being made as to the
cft'ect that would ensue from the granting of any such lease, amino action towards ijroclaiming the
reserves in the vicinity of the l''alls and on Frosliwater Creek, for the jmrposes exclusively of the town
of Cairns will be taken for the present.
Please inform Mr. Chapman.
F. X. IIF.FXF.V, pro Under Secretary.
The UxHiat Secretary eor Puhlic Laxds lo The Tuwx Cj.eric, Cairns.
Department of Public Lands,
Brisbane, oth April, 1S9S.
Sin,—1 have the honour to acknowledge th(> receipt of voiir letter dated 12th i'cbruary last,
¡irotesting agaimst the granting of any apiilication for s])ecial lease ot land at the Barron Falls, and
requesting that the land imniediafidy surrounding the Falls ami on Freshwater Creek mai' be proclaimed
a water reserve for the supply of Cairns. 1 am directed by the Secretary for Public Lands to inquire
whether the objections raised by your Council will be withdrawn upon their receiving an assurance from
the Government that in granting any such lease the beauty of the Falls will be absolutely respected,
and that nothing will be done to intierfere with the locality as a jjleasurc resort ; also, that ample guaratitees
will be taken to guard agaiii.st the ))ollution of the stream and the diininution of the supply of water for
all purposes tliat may be requisite for localities lower down which may look to the upper parts of the
river for a water supply.
J am also directed to ask whether Inero arc any other conditions which in the CoiiiiciTs opinion
bhoiild be inserted in the propo.-ad specia leave, and, 11 so, to re(|uei-t yuu to embody them in your reply.
J have, Ac.,
J'. X. TIELXEY, Under ¡Sccietary.
4
Thü Actincí Town Cmíhe, Caiüns,/o Tun Under Secretarï foií Public Lands.
ManicipaHly of Cairns.
Council Cliambcrs, Ciiirns, lölh April, 1898.
BAIiKOX I'ALLH.
1 )ea u Si i!,—1 iiavc tlio Imnour lo ucknowlcdííc receipt of your letter (latod .'iOtli blarch. The matter
conlainod therein shall bo considered by niv Council, and will probably form the subject of correspoudenco
before any decision is arrived at.
I have, Ac.,
M. A. COCHRANE, Actin<r Town Clerk.
Teleükam fiío.m ,1. T. Reíd, Esijuiiuí, lo Tino Honoi raiíi.io tue Minister j-or Lands.
Sydney 14th May 1898.
.1. R. lMa,( ken/.ie, 11 vdraulic Eiiifinccr will arrive Hrisbano IMonday evening leaving for (hums hy
steamer Tuesday .Desirous meeting your engineer Henderson i\rrange if possible Mackenzie's
address Jjcnnon's Hotel.
.1. T. REIU Hotel Australia.
3Iinut(; htj Üte líonourahle the Seer ci ary for Public Lands.
Informed Mr. notHler.soii of this verbally.—1G-.J-9S.
Mb. C. W. Ciial'.man to The tIonoi'r.viile the Minister for Lands.
The Chillagoe Projirietary Limited,
38 Queen street, Melbourne, llth Alay, 1898.
iSiR,—IVith regard to my ap])licafion on behalf of the above Company for special leases at the
Barron J'hdls, I understand that the local authorities at Cairns have been very much exorcised about
this application, and imagined all sorts of evils, such as pollution of the water and desecration of
Nature's beauty, ¡irovided the application was granted. I wrote to both papers and saw the ex-mayor
Air. l)ra|)er, with tlie result, I think, that the authorities arc now satisfied that no mischief will be done,
to the Palls, and no pollution of the water will take place. All wo intend doing is to divert a portion of
the water through a hidden aqueduct to some point, and then convert the jiovver into electric energy to
be carried by cable to the works, which will probably bo near Alareeba. We intend, if possible, to have
the ])owor-house hidden or concealed, but, if this is not practicable, a picturesque building will be erected
which will add to the scene rather than detract from same. I have also written that wo are willing to
submit all we ])roposc doing to the Town Council before doing any work.
Having done this, may Í ask you to again consider the matter, with a view to granting the leases
at an early date.
Yours faithfullv,
C. AV. CHAPMAN.
Minute by the Honourable the Secretary for Pulilic Lands.
Before receipt of this letter Air. Reid (Air. Chapman's ])artner) saw me, and it has been
arranged that I shall go to Cairns and make full personal inquiries on the spot, and endeavour to arrive
at a satisfactory solution of the dilficultics.—.1. P. G. P., 11-5-98.
E.VI'RACT FROXI \'oTES and PrOUEEDI ,N(iS OF the Le(IISLVTI\K .\sSE.\tl!LV, DAI'ED 1Î7tII .lULX, 1898.
Air. AlcDonahl, ])ursuant lo notice, asked the Secretary for I'uldic Lands,--Has any concession
been asked for liy the Cliillagoo Railway Company with regard to the using of the waters of the Barron
River for power purposes ?
yinswer.—"An application was made by the representatives of the Company for a spccia-l lease ou
the north bank oftho Barron River, at the site of the Ralls, for tlic ]mrposc of utilising the water ])owor ;
but I have since been verbally informed by the engineer employed by the applicants to report on the
scheme that the site indicatisl in the a|)plicatioa would not be suitable for the purpose. No steps there¬
fore have been taken towards granting the special lease applied for."
CniLr.aooe CoMi'a.vy—B.vrron Palls .^fecial Lease—Company's I'hoposals.
I'bc lessee shall use the ])remiscs for the purpose of constructing therein a water race and
electric power station to bo onerated by water power drawn by a race or conduit from above the Barron
I'alls.
The race and ail tunnels, shafts, conduits, turbine, and other works shall be of a. thoroughly
substantial character, and constructed on plans and specifications to be approved of by the Government
Hydraulic Engineer.
The lessee shall not in any. way diminish the quantity or injure the quality of the water, and shall
restore to the Barron River all water drawn from the river above the Palls.
5
The lessee shall be entitled to use in each monlh for the purpose of operatinp; electric power
machinery a quantity of water not execedinn; a mean daily average for such month of 1-l t cubic feet per
second free of payment, and shall pay for all water taken in excess of that quantity a rate equal to
per million cubic feet. But the maximum mean daily average quantity drawn in any one month shall
not exceed 288 cubic feet per second. *
riie lessee shall not injure or destroy the natural condition of the surl'ace of the land or distriii)
the sanio^ cxeejit lor the ])urposes necessary for the construction of the works, and shall allow all
exciirsioni.sts or viaitor.s to have tree access to any portion of the .siiriiu'e of the land not actually occupied
by the works or eiielosnres siirroiinding the same.
J\l-imiie hi/ ¡he Honmirnhle the, Secr/tnrjj for Jhihlir Lnnds.
Received from Mr. Thynne, Solicitor for Company.— .1. l'\ O. ]i\, 19-8-98.
Tirn cowmissionf.ti foti IIaii.ways /o'I'iie iioiioriiabt.f the Sforetart for Ratlw.ats.
Queensland Railways,
Coininissioncr's Olllco, Brisbane, 13tli October, 1898.
Str,—The Chillagoo Proprietary Company having informed me that th(>v are anxious of
constructing in the vicinity of the Barron Falls, for smelting and rellnery purposes, a water race and
electric power station, to be operated by water power, drawn bv a race or coiiiliiit from a point on 1l;e
river above the Barron Falls, and as it is possible that this conduit may have to cross and recros.s iiiulcr
the Cairns railway line, I have the honour to suggest that a sufllcient area of ground for tiie jnirnoso of
these works be placed under tlie sole control of the Commissioner for Railways, so that I may bo in a
position to treat with the Proprietary Company direct as to the terms and conditions under which this
eoneessiou is to be allowed, but more especially to enable me to control the construction and course of
the water tunnel which will be required to .supply the necessary water [lower.
1 enclose, for your information, a blue jirint, showing approximately the area reqiiired, which, I
understand, includes some selected ])ortions which would, of course, have to bo eliuiiiiateil from the
reserve, if proclaimed. I have also shown on the print the proposed site of the head works, and the site
for the erectioti of the machinery for generating the electricity. 'I'he area intervening will not be used
by the Company, but is merely included for the purpose of laying down the water tunnel.
I have, &c.,
R. .T. CrRAT, Commissioner.
dîofcrrcd to Lands Department.—J. M., 11-10-98.
Ai'pr.tcatfox for Reserafítiox op Land for Water Race and Ei.eciric Powp.r Station to bf.
t'faced under CONTIiOt, of the commissioner for railways.
Kuranda, Barron Falls. Caiiii's Land Agent's District.
Memo.—Tlie land applied to he reserved from sale ami placed under control of t.he Railway
Commissioner compiises ])ait of freehold section 2, .and allotuiciits 1, 2, 3, and 5 of section 4, Kuratida,
also sold; allotment -I of section t and section ." are vacant. Section 3 is an iniprochiinicd reserve for
public purposes, and the rest of the land is vacant, being on a reserve for |)ublic purposes of !)18 acres,
proclaimed Oovcrnment Gazelle, 188.3-1-1199, undiu- (lOVcrnnKuit control.
Lithograph hercM Ith to illustrate.
A. McD., Surveyor-General.
20th October, 1898.
Note.— 1 cannot see the necessity for placing all this land under the sole control of the
Commissioner for Railways. He already has control of the railway line, and at least one chain on each
side of it.
A. McD., 20-10-98.
B.C., Under Secretary for Public Lands.
Min.nle hy Survey Depnrlmenf.
The sketch supplied by the Railway Department is not di'.awn to scale, and appears distorted, so
that boundaries .-diovvn on litlio. ai'e not (|uite the same. — C. F. P., 28-10-98.
Minute hij the Jionourahlc llio Secretary for Fahtic Lande.
No action at jiresent.— .1. V. C., 2-11-98.
The Under Secretary for Public Lands to The Secrftary, Commtssiosfr for Railways.
Department of i'nblic Lam's,
Brisbane, 8th November, 1898.
AFlmo.—Referring to \ our let ter of the 13th ultimo to the Hon. the Secretary for Railway.s,
and forwarded here B.C. on" the lltli idem, rcipiesting that the area of land in the vicinity of the
Bairon Palls, a.s imlicaled on the blue print plan torvvanied liy }ou, may be reserved for the ¡lurposes
oi a water race and electric power station, and also tliat it may be placid under your control, >oii are
informed that the subject lias been given careful consideration, and it is not considered advisable to
take any action in the matter at ijreseiit.
P. X. IIEENEY, Under Secretary.
6
Tite ("o^[^^^sstonlcn foií TIaitav vts in Tue irondi ij viímí tue Skcretauy for Pubtuc Laxds.
(Jiicenslaiid Jiuilvvayt!,
Coiiiinissiüucr's üiíice, Brisbane, 7th J)eccmber, 1898.
Sir,—deferring to your lei ter "nf the Sth of I'obruajy lasi., aud to previous correspondence, on
the subject of tlie pro[)<)seiÍ reservation of an area of laud near the Barron Balls for the purposes of a
water race and electric power-house which the Chillagoe Company ai-e anxious to construct for the purpose
of treating ores from the Compaiiv's mines at C'liillagoe, and to laa-eiit conver.sations whieii f have had
with your Uruler Secretary, I have now the honour to forward to you th.e (uiclosed copy of a letter
addi'irsscd to me by the Company's solicitors detailing the work which the Company propose to under¬
take, together with a map (to he returned) showing tin; boundaries of the area which 1 d(>sire to have
])'ac(ïd under the cout rol of tlu! Commissioiuw for liailwavs, so that I maybe in a position to arrange
with the Company the conditions under which the works are to bo cai'ried out.
I shall be glad if you will intimate to me, as early as possible, whether tlnu'e will be any objection
to the jrroposed rcsmnation. I may point out the conditions of the h.'aso from the Commissioner to the
Company must, under any circumstances, be subject to the sanclioii of the Covernor in Council.
I iiave, &c.,
R. J. CRAY, Commissioner.
jsi essrs. ihltnye and Macartnet 1o Tue Co u af i ss to e r for ]1a1 i.ways, brISÍÍANE.
The .\iistralian ÎTiitiial Provident Chambers,
Brisbane, Otb December, 1898.
Sir,—On behalf of the Chillagoo Tlailway and Mines, Limited, we have the honour to submit a
proposition for tlie eonstrnction by them of tlie necessary conduit pipc.s and pmver-houso on the bank of
the Barron liivei' For the purpose of generating electricity, to bo used mainly afterwards in the
electrolytic treatment of ore.s produced iu tlie Chillagoe district.
The carrying out of this proposition involve.s the. construction of the necessary intake of water
above the Barron Palls, and of a subterranean conduit from there to a point on Merwii Creek, below
the Palls.
The conditions upon which the jiroposod lease is sought are as follows : —
The lessee shall use the premises for the purpose of constructing therein a water race and electric
(lower station, to be operated by water power, drawn by a race or conduit from above the Jiarron Palls.
The race, and all tunnels, shafts, conduits, turbine, and other works shall be of a thoroughly
sub.stantial character, and constructed on plans and specifications to be apiiroved of by your engineer.
The lessee shall not in any way dimini.sli the quantity or injure the (jiiality of the water, and shall
restore to the Barron River all tvatei' drawn from the river above the Palls.
The lessee shall be entitled to use in each month, for the purpose of operating electric power
machinery, a quantity of water not exceeding a mean daily average for such month of 114 cubic feet
per second, free of payment, and shall ])ay for all water taken in excess of that quantity a rate equal to
Is. per million cubic feet. But the maximum mean daily average quantity drawn in anv one montli shall
not exceed 288 cubic feet per second.
The lessee shall not injure or destroy the natural condition of the surface of the land or disturb
the same e.xcept for the purposes necessary for the construction of the works, and shall allow all excur¬
sionists or visitors to have free access to any portion of the surface of the laud not actually occupied by
the works or enclosures surrounding the same.
The Company would require alease of an area of about six acres of land lying between the Barron
River and the r.iilway line, and extending from the head of the Palls up the river. .Viso a lease of the
machinery site, containing about twelve aci'cs, in tlie neighbourhood of INfervyn Creek.
The eari'yiiig out of this work is estimated to involve for the construction of the works at the
fdarron Palls alone an expenditure of from j6K),000 to £.")0,ÜÜO, while the complete installation for the
linrpo.se of generating electricity and conveying it to the site on which the treatment work.s are to be
established is estimated to cost about £1UO,()00 or moie.
The line of subterranean conduit cannot, of cour.se, at the present stage bo (lefinitely laid down,
but it is almost cci-tain in several [ilaces to liavo to cross under tlie railw.iy line. The formation of the
country will probably also involve its being taken in places some distance to the east of the railway line,
and we understand a considerable area of the land in that direction has been placed under your control.
We shall be glad to know whether the carrving out of this scheme meets with approval, and
whether a lease of the area asked f'oi', and of the tunnelling rights, for a term of, sav, fifty years, will be
granted to our clients to enable them to carry it into effect. We shall be very happy to confer with you at
any time for the purpose of giving you any further information on the subject yon may desire.
We have, &e.,
TRYNXP AND if.VCARTXEY.
MrNUÏE BY THE uxder NeCRKTARY FOR PlM'.y.rC L.VNDS.
Proposed Reserve for Railivai/ Purposes und two Speci/il Leases to the GJtillaqoe Railwaij Oompany at
the Barron Falls, dierherton Teiind Aj/ent's District.
Advise the Commissioner for Railways, in reply to his letter of the 7th instant, that the Minister,
after having given the matter due consideration, does not see the necessity for the large reserve for
railway purposes in the locality referred to, nor does he consider it expedient to grant same. Tlie
Commissioner has already control of the railway line and at least one chain on each side of it, and as
regards the two areas for which special leases are required by tlie Chillagoe Railway Company, these can
be issued by this department, subject to such conditiou.s inserted in the leases as to the carrying out of
the works and all sub.sequent transactions by the Company under terms of the leases as you may consider
necessary tor the duo protection and safegaarding of tiio railway line. Asie him to bo good enough to
advise mo upon the subject.—.h\ X. 11., 28-12-!)S.
Urgent.
7
The Undee Srcretíry foe Pueeic Landíí to The CoM^[tssionlîil for IIaieways.
De])artinent of Piiblio Lands,
Bi'isbano, 21tb December, 1898.
Sir,—In reply to your letter of the 7tb instant, on the subject of the proposed reserve for
railway purposes and two special leaso.s to the Cliillagoe Kailway Company, at Barron Palls, Caii'iis
Land Agent s District, [ have the liononr, bj' direction, to inform von that the Minister, after having given
the matter due consider\tion, does not see the necessilv for the large reserve foi'railway purposes in the
localify referred to, nor does he consider it expedient to grant the same, d'he railway line and at least
one idiain on each side of it are already under voiir control, and as regards the two areas I'oi' which
special leases are required by the Cliillagoe Hallway (^oiiqiany, these can be issued by this Department
subject to such conditions, inserted in tlie leases, as to the cariwing ont of the works and all subsequent
transactions by the Company under the terms of the leases, as you may consider necessary for the
due protection and safeguarding of the railway lino. Will you be so good as to advise mo upon the
subject as soon as possible.
I have, &c.,
P. X. IIEBXEY, Undersecretary
The Secretary to the coxrmr3stor"er for Hati.wats to The Under Secretary for Phrîhc L.índs.
Queensland Hail ways,
Commissioner's Olfice, Brisbane, oth .lanuary, 1899.
troto,sîe1) lr.tse, takrox river. cairns railway.
Bir,—I am desired to .acknowledge recoi|>t of your letter of the 21th ultimo, 98-28090 Hailw.ays,
in which you intimate that your department will be ]trepared to issue s])eci.al leases for the two areas
required by The Cliillagoe liailway .and Afines, Limited, subject to such conditions inserted in the leases
as may be considered necessary by this department for the due protection and safeguarding of the
railway line.
Alcssrs. Thynne and Macartney, the Company's solicitors, have been informed.
I will advise you further in due course.
I am, &c.,
T. S. PH.\TTEN', Secrclary, yier J. J. L.
Minute ry The lionouraiir.e the Secretary for Puiíi.tc Lands.
Mr. Moffatt called personally on me, and, after conversation, I promised that the Department of
Public Lands would be willing to grant to the Hallway Commissioner land lor an outlet for the water, in
accordance with the conditions of the Company's letter of Gth December, and land for the erection of
inaeliinery—from ■> to 12 acre.s in each block, as required ; and, further, would consent to the junction of
ihese two sites, either by incaiis of an underground tunnel or by means of a pipe carried along the surface
of the ground.
J. V.O., 1,5-2-99.
Minute, hij the Under Serrefnri/ for Pnhlic Lands.
By order of the Aliiiister. Advise Mr. Aloff.att in above terms.—^P. X. If., 17-2-99.
The Under Secrf.tary for Puri.ic Lands to .T. Moffatt, Esq.
Department of Public Lauds,
Brisbane, 17tb Pebruary, 1899.
Sir,—Heferring to your recent interview with the .Secretary for Public Lands on the subject of
the application by the Cliillagoe Hailway and Mines, Limited, for two special leases of land near the
Barron Palls, in the Cairns Land Agent's District, for the jiiirposos of a water race and electric power¬
house, I have the honour to inform you that the Minister would be willing to approve of the Comraissioiier
for Kailway s being granted Land for an outlet for the water in accordance with the conditions of the
letter from the Company's solicitors, dated (ith Decembsr last, a copy of which is appended, and land for
the erection of inaeliinery, iTom 5 to 12 acres, as required, in each block indicated in red on the
accompanying lithogr.apli plan ; and would further cousent to the junction of these two sites, either
by means of a tunnel underground or a pipe carried along the surface of the land shown in green on the
plan.
Herewith.
I have, &e.,
F. X. IIEENET, Under .Secretary.
Messrs. Thynne and Macartney, .Sot.tcttors, to The Undf.r Secretary for Puri.ic Lands.
'The Australian Afiitnal Provident Chambers,
Brisbane, 20tli February, 1899.
.Sir,—Heferring to your letter of instant,addre.ssod to Mr. .Tolin Moffatt, and conveying to
him the decision of the Alinister as to dealing with the a[)|ilication for certain leases at the Barron Palls
made by the Cliillagoe Hailvv.ay and Alines Company, Limited, and our letter of Gth December on same
subject, we have now the honour to request that you will be good enough to formally commuuicate to the
Commissioner for Hadway.s the effect of your letter to Mr. Afoffatt, so that we may be enabled to take
the matter up with Air. Cray with a view to the final arrangements for llio leases in question.
We have, &l\.
THYNNE AND MACAHTNEY.
8
l'iiií ünukii Sectîetauv for l'urt.ic líands to IMessrs. Thyxmc and Macartney.
Department of l'ublic Lands,
Bri.sbauc, 21st Februar}', 1899.
(i en'i'i.em i-:n,— I bavo the lionoiir lo acknowledge the receipt of your letter, dated 20tb instaut, and
to state that tiie subject referred to therein will be dealt with as early as practicable.
1 have, etc.,
X. IIEL.XMV, Under .Secretary.
Teckofíam I'tro.M Lino 11 onoiihadt.i: A. 11. Barr.ow, acitnu in tue arstcnu'E of'I'iie IIonourarle 'ririi
siicuktain' for ib'iii.ie Jjands, to Tiiu Honour a iíuií 'itik siir'iiu'i'arv for Puiilic Lands.
Brisbane 28th February 1899
Mr Moffatt oílleially advised sev.uitcenth n ith) instant of arrangement appi'oveil by you re, land
required at Barron Falls by Chillagoe Railway Company 'rhvnne and Macartiusy now write on behalf of
Air Moffatt acknowledging letter and requesting Railway Comniissioner may bo formally advised of
arrangement so that they may cominenco negotiations with him 1 ])i-esume you are aware Municipal
Council Cairns raised certain objections by letter dated twelfth ( 12th) February 1898 to granting land to
Company in view possible r(!(|uirements to water supply beauty of falls et cetera Cairns A])plicants for
Company stated verbally to then Minister in A pill 1898 thev believed objections withdrawn but
department not aware of this ollicially indeed the present end of correspondence with council is a letter
tifleenth (15th) Ajiril 1S9S in re])l\- to a rejoinder by Air Foxton stating that council will further consider
and reply which they have never done yet 8ball further action avvait your return or shall action
])roceed ?
A. If. BARLOW, Public Lands.
The Hon. .1. Chataway, Alackay.
Telfuram froa[ Tue honoriiable the AI[n:steií for Lands to Tue Honourvbee A. H. Barlow.
Alackay 2n(l Alarcli 1891).
Perhaps Chillagoe lualter had better await my return There seems no particular hurry Dalrymple
and self are doing well.
J. AC CHATAWAY, Lands.
Minute 1)1/ the Il.onourahle the Secretar// for Vuhlic Lands.
Accede to Alessrs. 'J'hyunoand Alaeartiiey's request of 20tb I'ebruary. —J. V. C., 20-3-99.
The Secretary for Public Lands to The .Secretary to the Comaiissioner for Hailways.
Department of Public Lands,
Brisbane, 20tb Alarcb, 1899.
AÍEAíORANDUAr.—Referring to your letter dated 5th January last, 98-(î870-8, ou the subject of the
proposed granting of special leases of laud near the Barron Falls to the Chillagoe Railway and Alines,
Limited, for the purposes of a water race and elcetrie power-house, you are informed that the Alinister
would bo willing to ajjprovo of the Commissioner for Railways being granted land for an outlet for the
water in aceordauee with the conditions of tlie letter from the Comj.auy's solicitoi-s, dated Gtb December
last, a cü¡)V of which you forwarded with your letter to this ofllce on the 7tli idem, and land for the
erectioD of maehiiUTy, from 5 to 12 acres, as required in each block indicated in red on the
accompanying lithograph jilan, and would further consent to the junction of these two sites either by
means of a tunnel underground or a pipe carried along the surface of the land, shown in green on the
plan.
F. X. ITELNFY, Under Secretary.
Herewith.
'Tue Under Secretary for Public Lands to AIesshs. Tuynne and AIacartney.
Department of Publie Lands,
Brisbane, 20th Alarcb, 1899.
G entlemen,—1 have the honour to inform you that, in compliance with request contained in your
letter of the 20th ultimo, the terms of letter from this Department, dated 17tli ultimo, to Mr. Aloffatt, on
the subject of the apjilicatiou of the Chillagoe Railway and Mines, Limited, for special leases near the
Barron Emails, have been communicated to the Commissioner for Railways.
I have, &c.,
F\ X. HEEN1ÍY, ITnder Secretary.
AIessrs. Tuynne and Macartney, Solicitors, to Tue Under Secretary for Public Lands.
The Australian Alutual Provident Chambers,
Brisbane, 22nd Alarcb, 1899.
BE CHILLAOOE RAILWAY AND MlNliS, LIMITED.
Sir,—Wo have llie liononi- to acknowledge recei|)t of your letter of 20th instant hereon.
AYc have, &c.,
THYXNE AND AIACARTNEY.
9
Acettlexe Gas Compaxx of Austhai.asia, Limited, ío The IIoxouraiíi.e the ^Iixisteb foe
Public Laxus.
Acetylene (Jas Company of Australasia, Limiled,
Head Otlices, d(i Pitt street, vSydney, X.S.Wd, 31st July, 1890.
Dear Sir,— Wo are about to erect works for the manufacture of carbide of calcium, and require
a large water-power to run the machinery. You will see by the ])rinted matter enclosed undei' séparait!
coter that this is nece.ssary for the economical production of carbiile of calcium. The Barron Falls have
been mentioned to us as a suitable site, and vc should bo greatly obliged if you could favour us with
soino infomiatiou about them.
\Fe want to know something about the volume of water passing, distaueeof the Palls from a port,
and means of transport ; quality of the liuiostoue in the district, and whelhcr thei'o is any coal to be got:
near hain'
thanking yon in anticipation, wo remain.
Yours truly,
TUP ACPTYLENK GAS COMPANY OP AUSTIÍ A PASTA, LI.MITFD.
W. 'Tvuee, Alanaging Director, per F.P.
Mimtlc, hy the lionourahle ihc Secretary for Fuhlic Lands.
'J he use of the Parroii water power is now being dealt with by the ILiilway Dp])artmeut in
couuectioii with the offer of Chillagoe Company. Imiuire Jiailways what arrangements have been made.
— D. II. D., 11-10-99.
Tin: T nder Secretary for Purlic Laxds to The AIaxagino Director, Acetylene Gas Company
of Australasia, Limited.
Department of Public Lauds, .3rd August, 1899.
Sir,—I have the honour to acknowledge the receipt of your letter dated 31st ultimo, and to slate
that the subject referred to therein will be dealt with as early as practicable.
I have, &c.,
PKANCJS N. ITPPNpy, Undersecretary.
The Under Secretary for Public Lands to The Secretary, Coaiaiissioner for Eailw.vys.
De])artinent of Public Lands,
Brisbane, 14th August, 1899.
ATEAroRANniiAi.—Inquiry has been made to this Department by the Acetylene Gas Company of
Australasia, Limited, Avith regard to the power available at the Barron Palls for the running of
machinery ; and the Alinister would ho glad to know wdiat has been done in the matter of the proposed
lease to the Chillagoe Syndicate.
PKANCIS X. ITEPNEY, Under Secretary, per AA^. J. S.
The Secretarv to the Coaiaiissioxer for Uailwavs Ci The Uxder Secretary for Public L.axds.
(jueenslaiid Eailways,
Commissioner's Ollk-e, Brisbane, 18th August, 1899.
Sir,—I am desired to ackuowdedgo the receipt of your letter of the IJth instant, 99-1809I-Sec.,
relative to the inquiry made to your Department by the Acetylene! Gas Company of Australasia, Limited,
with regard to the power available at the Barron Palls for the running of machinery, and to inform you
that the terms of the proposed lease to the Chillagoe liailway and Alines, Limited, have not yet been
settled ; but as the directors of the Company will be in Brisbane this week, it is exqiected that the terms
w'ill be definitely settled during their visit.
1 am, &c ,
T. S. PllATTEX, Secretary, per J. J. L.
The Under Secretary foe Public Lands to The Secretary, Coaiaiissionee foe Eailavays.
Department of Public Lands,
Brisbane, IStli September, 1899.
AfiEMORANDUAi.—Ilefcrring to your letter dated 18th ultimo, relative to the inquiry made to this
Department by the Acetylene Gas Company of Australasia, Limited, with regard to the power available
at the Barron Palls for the running of macliiiiery, 1 have tu rc(|iiest that you will be so good as to inform
me whether the terms of the jiroposed lease to the Chillagoe Kailway and Miuos, Limited, have yet beeu
ofi-j-j l(>i j
P. X. HEENEY, Under Secretary.
The Secretary to the Coaiafissioner for Eailways to The U"nder Secretary for Public Lands.
Queensland liailways.
Commissioner's Gffice, Brisbane, 2öth September, 1839.
gjjj Beferring to yonr memo., 99-19458 Elys, of 18th instant, I am desired to inform you
the ferias of the jiroposed lease at the Barron Palls to the Chillagoe Eailway and Mines, Limited, have
not yet been settled.
1 am, &c.,
T. S. PEATTBN, Secretary, per J. J. L.
10
The Under Secretary idr I'imíi.ic IjAXds to Tife Manaotnc. Ufrector, Acetyeene Gas
C'0\ri'\N Y ()E A irsTRALASIA, LtMI I'EI).
Department of Public Lauds,
Brisi)aue, 2i)tli September, 1899.
Sir,— liererriiif^ 1 o \'our letter cbilirl ¡list .Tiil_y last, re(|uc"^( ing to be siipplii"! with information
eoiicerrnng tlie Barron I'LIIm as .a possible silo for Ibe ereolioii ol woi'ks ioi' tbo mann 1 act ui'o of carbide
ol calcium, I Imvo tliir lionour to iuroi'in voir tliat, ponding tlu! I'csult, of certain nogotiations now in
progress, tbo 1 topaitiiionl ia not in a, position to olTor your Companv anv prdvilcgos at tbo Barron i'alls,
I bave, Ac.,
I'BiAXDlS X. llblblXMiY, Dmlei'Secretary, \V. J. S.
XfiaroRANMniM uv tuí; 1n(ji irv BRANoir, iowns Dei'ARTjMENt.
(.Tlir.r.,\(i()IC KAILW.VY AND MINDS, l.l.MrTlil).. TWO SI'DDIAI, IJCASItS lilOQUlttlli).
A'c Special Leases to Cbillagoe liailvviD' and .Mines, Jjimited. 1 saw the Olficer in (drargo of the
liesnmplion Brandl (.Mr. (h'aig) and flu; Seci'iitary to tlie iiailwiiv Commissioner on tbe matter. It
appeai-.s tbat tbe special leases lad'eri'eil to ai'c vvitbm tbe tbi'ce (Sj (drain re.sorvation, left, in accordance
witb an ai'rangement. between lire (jands and Itailwav Depar'tmenl.s, on eacb side of tbe centre line of a
railwav line, but for uincb tbe.i'e is no specdal pi'o\'isiun in tbe Itailways Resnmplion Act , and over wbicdi
tbey do not consider tlnw bold anv special conti'ol. It is pi-aelicaliv a. I'eserve for roail rrnd railway
pnrpose.s, and would not; be dealt witb in anyway by either Department without lir.st consulting tbe other.
— W. G. G., 11-1(1-99.
Tife Seoket.vtív, Com\rFSSFON'E]! for Uaffavats, to Tifio U.Nniiit Secrfot.vry for Puiíf.tc Lands.
(Queensland Kailwaya,
Commissioner's Olliee, Brisbane, BOtb October, 1899.
T.K.A.Sli, 1!.\R1!DX I! I V K,|;.-('1 [I LC.MtOK H.AIIAVAV .AND .M 1 .NKS, LIMITE I).
.Sir,—lleferring to your memo., 9!)-191ÓS lilys., of IStb nltinio, T am tlesired to forwardi
for 3'onr inlMianation, copy of tbe lease, Tbe Ctnmnissioner for Railways to tbe Cbiilagoe llailway and
Xfines, Limited, dateil 5tli instant, approved try K.vecnt ive .\I in nte, dated ! Itb in.stant, copy of which ia
also eiiido.sed.
I have, &c.,
T. S, PRATTILX, Secretary, /jcr J. .1. L.
Rmdosnre.
Coi'Y OF MfNIOTE of PROOEFDFXnS OF THE R\IOaiITLVF, CoiJNl'ir, ON 11 I'If OCTO Ii HF!, 1899. RaFF.AVATS:
IjEssio of L.wn TO run Ciiri.i.FnoE lÍArrAV.FY fnd Mimos, Li.Mri'ioi), Cafrns Kafi.wav.
His R\c(dlencv tlie .Iilministrator, at the inslance of tlui Hononrabio tbe Secrelary for liailwaya,
witb I'efcrciice to L.\ecntive iMinnte, daled RUh Septembei', bstl.t, ladative to lease to tbe Cbillagoe
liai I wa y a lid .M ines. Limited, of the t wo (2) areas of land situated on t be ' .Id rns lirul way, near tbe Barron
Palls, for t be pu rposes of the proposed works for the eieid roly I ie treatment of mineral ores, &c., now
|)roposes to tbo Coniudl tbat tbe accompanying lease, dated .Mb October, 1 S!)9, bet ween t be Commissioner
for Railways and the Cbillagoe Railway and .Mines, Limited, lie now approved,
d'be Coniudl ailvl.se as recommended.
I inmcd late act ion.
.\, V 1)RUR Y, Clerk of tlie Council.
Approved.~S. \Y. Griintb, 11-10-9Í).
Tbe Ifon. the .SecriRary for R-ailways.
[Cory.]
Tiffs Indenfl-re made tbo fifth day of October in tbe year of Oiir Lord one thousand eight hundred
and ninety-nine between tbo Commissioner for Railways (who together witb bis Successors is hereinafter
called " the Lessor") of tbe one |)art and tin; Cbillagoe Kailway and Mines Limited (who together witb
their Succcssoi's and permitted Assigns arc bcreinatter called " the Lessees ") of tbe other part. \Ybereas
tbo Lessee.s are desirous of erecting works and macbincry on tbe banks of tbe Barron Jiiver in tbe Colony
of Queensland for the purpose of generating electricity for the electrolytic treatment of ores and for
other purposes the motive power for smdi generation to be by mmiiis of water ilrawn from the said river
at a point above tbe Barron Falls and conveyed thence to tbo generating works by means of a drain
conduit or pipe and thereafter re.stored to tlie said river at a point below the said l<^alls Now this
Indenture witnessetb tbat in eousidcrtition of tbe premises and ol tbe rents and of tbe covenants herein¬
after reserved and contained and on th(> part of tbe Lessees to be paid performed and kept tbe Lessor
doth by these presents Demise Lease and Grant unto tbe L:;ssoes all tbat piece or parcel of land situate in
the County of Nai'es Parish of Cairns Town of Kiiranda between the B.UTon River and tbe Cairns Railwav
Line containing by admeasurement eight acres more or less commencing on tbe right bank of tbe Barron
River at tbe Head of the Falls and bounded thence on tbe east and north by that river upwards to a
point due north from tbe north-west corner of Allotment lour of .Section two thence on tbe west by a
line bearing south to tbe railway fence thence on tbe south and again on the west by tbe said railway
fence beaT'ing soutb-easteily to a point due east from tbe iiortb-east corner of Allotment one
of Section three and thence by a line bearing easterly to tbo point of commencement as shown
11
on the plan annexed hereto Also all that piece or parcel of land containing by ad measurement twelve
acres more or less commencing on the right bank of the Tlawon Itiver at the junction of Afeiwyn Creek
and bounded thence on the north-east by a line bearing north-westerly to the I'ailway fence thence on
part ot the west by the said railway fence bearing southerly to a point due east of the 7iorth-east
corner of Allotment three of Section five and tliencc bv lines bearing south-easterly and southerly to a
point on the fBarron Kiver due east from the noidh-east corner of Section six and thence on the east by
the said river upwards to the point of cominenceinent as shown on the plan annexed hereto And also all
the right to construct maintain and use a drain conduit or pipe either underground or abovcgroiind or
partly underground and partly aboveground with such works as may be necessary for (irovidiiig a suitable
intake and outlet for the purpose of conveying the water aforementioned to the said generating works
together with full and free right and liberiy for the Le ssees their coutractors surveyors officers and workmen
from time to time and at all times during the existence of these presents to enter upon the lands within ten
leet on each side of the said drain conduit or pipe and thereon to go return pass and re-pass and remain
tor such times as may be necessary or expedient for the purpose of constructing repairing maintaining or
using such drain conduit or pipe To have and to hold the premises lier^by demised and granted unto the
said Lessees from the first day of January one tliousand nine hundred for the term of forty-eight years
thence next ensuing yielding and paying for the said premises during tlie said term unto
«.he Lessor the following rentals: For the first year Twenty pounds For each and every
year of the next nineteen years the yearly rental of Five hundred and twenty pounds J<\ir
each and every year of tlie next ten years such sum as may be mutually arranged and
failing such arrangement such sum as may be determined by arbitration as liereinaffces
provided but not to exceed the annual rent of Seven hundred and seventy pounds For oai:h and every
year of the next ten years such sum as may be mutually arranged and failing such arrangement such sumas
may be determined by arbitration as hereinafter provided but not to exceed the amuial rent of One
thousand one hundred and forty five pounds : For each and every year ot the last eight ye:irs such sum
as may be mutually arranged and failing such arrangement such sum as may be determined by arbitration
as hereinafter provided but not to exceed the annual rent of One thousand seven hundred and seven
pounds such rents to be payable quarterly in advance in inanner following that is to say ; The first
quarter's rent to be paid at or before tlio execution of these presents and subsequently the rent to be paid
in advance on the first days of January April July and October in each and every year during the said
term by equal quarterly payments without any deduction or abatement whatsoever And the Lessees do
hereby covenantwiththe Lessor that they the Lessees will have the said demised lands surveyed by a licensed
Surveyor and a plan of survey and description thereof lodged with the Lessor within two years from
the date of these presents Provided however that if the Lessor objects to such ¡dan of survey and
description and the parties fail to agree thereon the question whether such survey correctly determines
the boundaries of the lands hereby demised shall be settled by arbitration as bereinat'ter provided And the
Lessees do further covenant that they the Lessees during the said term will pay or cause to
be paid the yearly rent or sums hereinbefore reserved in respect of the premises on the
days and in the manner aforesaid and will pay all rates taxes assessments and outgoings
now payable or hereafter to become payable in respect of the said premises And will
cause all races tunnels shafts drains conduits pipes turbines and other works which the
Lessees may construct on the premises or between the said intake and outlet works to be constructed in
a tborougbly substantial manner and in accordance with plans and specifications to be approved from
time to time by the Lessor before such works are commenced and will permit the Lessor or bis servants
at all reasonable times during the said term to enter upon the said premises to view the same and will
allow excursionists and visitors to have free access to any jjortion of the surface of the land compriseil in
the said premises not actually occupied by the works or the enclosures surrounding the same and will
within the period of five years from the date of execution of these ¡iresents expend a sum not less than
Fifty thousand pounds inthe construction of works and machinery for the purposes aforesaid and will not
assign underlet or otherwise part with the possession of any part of tlie said premises without the previous
license in writing of the Lessor and will not draw from the said river tor the purposes aforesaid a greater
volume of water than Two hundred and eighty eight cubic feet in any one second and will restore the
said water to that river at a point not more than sixty four chains below the said Falls without pollution
loss or injury (reasonable loss from natural and necessary canses excepted) Provided always that if the
rent or sums hereinbefore reserved or any part thereof shall at any time or times during the term hereby
granted be in arrear or unpiiid for thirty days next after any of the days whereon the same is
or are hereby made payable or if there shall be a breach by the Lessees of any of the covenants
hereinbefore contained then it shall be lawful for the said Lessor to re-enter upon the said
premises or any part thereof in the name of the whole by force if necessary and to have again and
re-possess the said premises as of the former estate of the Lessor and from thenceforth the term and
all rights hereby granted shall absolutely cease and determine Atid it is hereby agreed and declared that at
the expiration or sooner determination of the term hereby granted the Lessor shall have the option of
purchasing the plant machinery and works erected on the said premises on paymiut to the Lessees of an
amount to bo mutually agreed upon and failing such «agreement such amount as may be determined
by arbitration as hereinafter provided and further that in the event of the Lessor at the expiration or
sooner determination thereof of the said term not electing to ¡¡urdíase the said plant machinery and
works it sh«all be lawful for tlie said Lessees within a reasonable time thereafter to remove such plant
machinery and works from the said premises provided always that any damage occasioned by such
removal shall be made good by the Lessees to the satisfaction of the Lessor and the Lessor doth hereby
covenant with the Lessees that the Lessor and the Grovernment of Queensland will during the existence
of these presents permit the Le.s3ees to draw from the said river at any point opposite the first herein¬
before mentioned land Two hundred and eighty-eight cubic feet of water per second provided always
and it is expressly declared that the Lessor does not covenant that the said mentioned body of water or
any part thereof will flow in the said river or be available for the Lessees during the said term and the
Lessor further covenants with the Lessee that during the existence of these presents the Lessor shall
not divert or interfere in any manner with the river so as to diminish the volume of water available for
the purposes aforesaid below Two hundred and eighty-eight cubic feet per second and further that
during the existence of those presents that no grant lease alienation or other disposal of any lands on
12
either aide nf the aaid river hetweeii a point twenty feet above the land firstlj'hereinbefore cleacribed
and a ])oint twenty feet below the land aeeondly hereinbefore described shall be made by the
Lessor or by any other department of ihe Government without first reserving or exempting
from any such grant lease alienation or other disposal such riparian rights as would but for such
reservation or exemption entitle such Gi'antee or Ijcssee to object to the said Lessees diminishing the
How of water between the said ])oints by Two hundred and eighty-eight cubic feet per second and further
that the Lessees paying the rent or sums and performing and observing all the covenants and conditions
hereinbefore reserved and coiilained may peaceably bold the said jiremises during tlio said term
williout interruption by the Lessor or any ])crson lawfully claiming under liiin and it is boroby agreed
and declared that wliere quest ions are referred to arliit ration as liercinboforo authorised each piarty
shall ap])oiiit an arbitlator and a third arhitiator shall bo appointed by tlio two arbitrators alroadj'
appointed as by tliis clause ])r()vided and such arbitration pn ceedings shall be ])ursuant to and so as
with regard to the inod(> and coiiseipieiice of the reference and in all other respects to conform to ihe
])r()visions in that behalf coiilaineil in the " Inlcrdict Af.l of LS(i7" and it is also declared that any
actual waiver by the Lessor or any of the covenants or conditions herein contained shal 1 not be assumed
to extend to any bi'eaeh other than that to Avhich the waiver specially relates nor to operate as a
general waiver of the covenant or condition in question.
Iu witness whereof the seals of the said parlies hereto liave been liereunto alfixed the day and
year first above written
The (Xlicial Seal of the ('oinmissionor for llailways was hereunto alllxod by
Thomas Symes L'ratteu the Secretary to the said Coininissioner in
t he presence of
(Signed): SIMON BOLAND.
(Signed) : T. S. PßATTEN. (n.s.)
The Common Seal of tiie Chillagoe Bailway and Mines Limited was hereto
aflixed by autliority of the Directors and in the presence of
J. T. BEID. Director, \ , .
JAS. M BARNS, Acting Secretary, j 0"®-)
Minute ut Tiie Honouhabi.e the Secket.vet for Public Lands.
LE.ASE.S fill.ANTEl) EY TIIE CO.M.MISSTONER FOR RAILWAYS TO THE CHILLAGOE RAILWAYS AND
MINES, LIMITED.
The Commissioner for Railways granted a lease under Executive authority for forty-eight years
fi'om 1st January, 1900, to the Chillagoe Railways and Mines, Limited, for two areas, containing
respectively 8 acres and 12 acres, situated in the parish of Cairns at the town of Kuranda, with the
right to constrnct and maintain a drain, conduit, or pipe, either above ground or under ground, or partly
above ground, or partly below ground, to connect the two areas. The lands in question are situated
within a three (8) chain area left on each side of the centre line of railway in accordance with an
understanding between the Lands and Railway Departments, and which areas, though practically a
reserve for road and railway purposes, have not been proclaimed so, and therefore appear to be wholly or
partially Crown lands.
The question upon which advice is sought is, whether under the the circumstances stated the
Commissioner for Railways had power, under the Railway Acts or any law or regulation ajiart from the
said Executive Minute, to grant the leases referred to in the terras and for the period stated or for any
lesser or greater periods, or whether the Executive Minute alone, if there is no Act or regulation
authorising the action, can legally give such ])0wer. Copy of Executive Minute, lease, all paper.s and
plan to illustrate, herewith.— If. E. 11., G-12-99.
Request advice of Crown Law olHcers accordingly.—II. 1^^. H., 6-12-99.
The Under Secretary for Public L.vnds to The Tender Secretary, Department op Justice.
Department of Public Lands,
Brisbane, 7th December, 1899.
Meviohandum.—The Commissioner for Railways granted a lease under Executive authority for
forty-eight years from 1st January, 1900, to the Chillagoe Railways and Mines, Limited, for two areas,
containing respectively 8 acres and 12 acre.s, situated in the parish of Cairns, at the town of Kuranda,
with the right to construct and maintain a drain, conduit, or pipe, either above ground or under ground,
or partly above ground, or partly below ground, to connect the two areas. The lands in question are
situated within a three (8) chain area left on each side of the centre line of railway in accordance with
an understanding between the Lands and Railway Departments, and which areas, though piactically
a reserve for road and railway purposes, have not been proclaimed so, and therefore appear to he wholly
or partially Crown lands.
AVill you be so good as to cause me to be advised whether under the circumstances staled the
Commissioner for Railways had power, under the Railway Acts or any law or regulation apart from the
said Executive Minute, to grant the leases referred to in the terms and for the period stated, or for any
lesser or greater periods, or whether the Executive Minute alone, if there is no Act or regulation
authorising the action, can legally give such power. It is pointed out that the rents, according to the
terms of the leases, are payable to the Railway Commissioner. Is this not ultra vires f Should the
reuts not be jiayable to this department P
Copy of Executive Minute, lease, all papers, and plan to illustrate, herewith.
E. X. HEENEY, Under Secretary.
H. F. IT., G-12-99. Herewith.
r
By Aufchofity ; EdmüN)) Gîiîîgohy, Govcnment Printer, William street, Brisbane.
By Authority: Edmund Gebooet, Governnient Printer, William street. Brisbane
Land applied to be reserred edged blue.
Allotments sold coloured red.
LOCAL SKETCH
f
's
,
By Authority: üídmüííd QftisooaT, Government Printer, "William street, Brisbane
Mum Í c Í pA u
CazTipir^ Rfeser\
l
C.& ea £ ¿337.
Copy of Plan received from Bailways—98.28090, Blys.
Original retnrned to Bailways 30/12/98.
Scales 40 Chains
LOCAL SKETCH
By Authority: £x>kund Qrkooet, Qovernment Printer, William street, Brisbane.
Cairyiii^ Keser\
ac- 8a £ ¿337.
COPIKS OF ALL PAl'RRS AA^D CORRLSPOADLNOL RKLATÍAO TO TIIL LFA^E OF
LAND, AC., TO THF CIIILLAGOF RAILWAY AM) jMIAMLS, LIMITLI), AT BARRON
FALLS, CAIRNS RAILWAY.
(1-)
The Commissioner for ICvilwavs lu Tim iroNouii.i'iir.E ihe Se(.'rht.\.rv for Ii.\ii.wavs.
lirisbiuic, I3tli October, 1S9S.
Sir,—Tlie Chilla^oe Proprietary Company baviiiii iiirormoil mo that tliey arc auxious of construct¬
ing m tbo vicinity of the Barron Palls, for smelting and relinerv purposes, a water race and electric
power station to be operated by water jiower drawn bv a race or conduit from a ])oint on the river above
the Barron Falls, and as it is possible that this conduit mav have to cross .and i-ecross under the Cairns
Railway line, T have tlie honour to suggest that a sutlicient area of ground for the purpose of these
works be placed under the sole control of the ('oiuinissioner for Railways, so tiiat f may be in a position
to treat with the Proprietary Comiianv direct as to the terms and conditions uiuler which this concession
is to be allowed, but more especially to enable me to control the construction and course of the water
tunnel which will be required to supply the necessary water power.
I enclose, for your information, a lithogra|)h showing approximately the area required, which I
understand includes some selected portions, which would, of course, have to be eliminated from the
reserve, if proclaimed. 1 have also shown ou the lithograph t.hc proposed site of the head works, and the
site for the erection of the iiiacliiucry for generating electricity. The area intervening will not be used
by the Company, but is merely included for the purpose of laying down the water tunnel.
I have, &c.,
E. J. (IEAY.
\ Enclosure to No. 1.—Litho'/raph Land between Ned Line on if/wer.]
(2.)
Messrs. Thynne and Macartnev to Tun Commissioner for Eaiewavs.
Brisbane, Gth December, 1898.
Sir,—On behalf of the Chillagoe Eailway and Mines, Limited, we have the honour to .submit a
proposition for the construction by them of the necessary conduit pipes and power-house on the bank of
the Barron Elver for the purpose of generating electricity to be used mainly afterwards in the electrolytic
treatment of ores produced in the Chillagoe district.
The carrying out of this proposition involves the construction of the necessary intake of water
above the Barron brails, and of the subterranean conduit from there toa point on Mervvn Creek below the
Palls.
The conditions upon which the proposed lease is sought are as follows :—
The lessees shall use the premises for the purpose of constructing therein a water race and
electric power station to be o[)eratod bv water power drawn by a race or conduit from above the Barron
Palls.
The race and all tunnels, shafts, conduits, turbines, and other works .shall be of a thoroughly
substantial character, and constructed on plans and speciñcations to be approved iiy your Pngincer.
The lessees shall not in any way diminish the quantity or injure the quality of the water, and
shall restore to the Barren River all water drawn from the river above tlie Pkills.
The lessees shall be entitled to use in each month for the ])urpose of operating electric power
machinery a quantity of ivatcr not exceeding a mean daily average for such month of lit cubic feet jier
second free of payment, and shall p.iv for all water taken in excess of that (piantity a rate eiiual to one
shilling per million cubic feet. But the maximum mean daily average quantity drawn in any one mouth
shall not exceed 2SS cubic feet per second.
The lessees shall not injure or destroy the natural condition of the surface of the land, or disturb
the same except for the purposes necessary for the construction of the works, and shall allow all
excursionists or visitors to have free access to any portion of the surface of the land not actually
occupied by the works or enclosures surrounding tim same.
The Company would require a lease of an area of about G acres of land lying between the Barron
River and the railway line, and extending from the head of the Palls up the river; also a lease of the
machinery site containing about 12 acres in the neighbourhood of Mervyn Creek.
The carrying out of this work is estimated to involve for the construction of the works at the
Barron Palls alone an expenditure of from £ 10,000 to £.50,000, while the complete installation for the
purpose of generating electricity and conveying it to the site on which the treatment works are to be
established is estimated to cost about £100,000 or more.
The line of subterranean conduit cannot, of course, at present stage be definitely laid down, but it
is almost certain in sever,al jilaces to have to cross under the railw.ay line. The formation of the country will
probably also involve its being taken in places some distance to the cast of the railway line, and we
understand a considerable area of the land in that direction has been placed under your control.
Id
W Í- shall br nliiU ici kiuiw wln'llic r ihc can-vinj,' oui, d ihis sehoiiit; mi.'Ois with apin'uv.il, imrt
u luMlicr a lease ol i lie, aj'ea askod tor, iiiiil el tin,' iuiineliin" I'lehts ior a term of, say, fiity years, will be
graiiled lo our elieiils In enable llieiii to cany it into etfect.
\\ e sliall bo very liappy to eonl'er with you at any time for the pur])Oso of giving you any further
iiiloniiation on the suhjecl you iiiay desiie.
W'e have, etc.,
TIIYNNh: AND MACAHTNKV.
(o.)
Till'; KnDIÎIÏ SKClilî'l'AltV, JJlíl'AimiENT di' I'l'I'.IcIC' Ij.VNDS, lo Tun Secretahv to tue Commussioxkr foe
Ra rr.vvAYS,
Järisbane, Sth November, 1S98.
Memo.— Referring to your letter id' the Dith idtirno to t he lion, the Secretary for Kailways, and
loiwarded hero H.(J. on the L lth idem, reiiuesting fhat the area, of land in the vicinity of the I5arrou
luills, a,s indicated on the lithograph plan Forwarded by von, may bo icserved for tlie purposes of a water
race and electric power station, and also that it may be placed under your control, you arc informed that
the subject, has hocn given careful consideration, and it is not considered advisable to take any action in
the mailer at prescni.
F. X. HEENEY.
(1-)
The CoM.uisstoxjCE foe Eaiuways to The IIonol'rable tue iSecretarv foe Lands.
Brisbane, 7th December, 1898.
Sir,—Eeferring to your letter of the 8th of February last, and to previous correspondence, on the
subject of the proposed reservation of an area of land near the Barron It'alls for the purposes of a water
ra,ce and electric power-honso which the Lhillagoo Company are an.xious to comtruct for the purpose of
treating ores from the Company's mines at Clnllagoe, and I o recent conversation which I have had with
your Under »Secretary, i have now the lioiioiir to Forward to yon the enclosed copy of a letter addressed
to me by the Company's solicitor.s, detailing the work which the Company propose to undertake, together
with a map (to be returned) showing the boundaries of the area which L desire to have placed under the
control of the Commissioner for llailways, so that 1. may be in a position to arrange with the Company
the conditions under which the works are to he carried out.
1 shall he glad if you will intimate to me as early as pos.sihlc whether there will he any objections
to the pro])osed reservation. I may point out the couditioiis of the lease from the Cotninissioner to the
Couijiany must, under a,ny circumstances, he subject to the sanction of the Gfovcrnor in Council.
I have, &c.,
E. J. GEAY.
(5.)
The Under 8ecristarv, Derae'I'me.nt of Flblio Lands, to The Commissioner foe Eailways.
Brisbane, "1 lib December, 1898.
8j]t,—In i'e])ly lo your letter of the 7th instant on the subject of the proposed reserve for railway
[)urposc's, and two special leases to the Cliillagoe Eailway Company, at Barron Falls, Ilerherton Land
Agcnl's District, 1 have the honour, by direction, to inform you that the Minister, after having given the
matter duo consideration, docs not see the necessity for the large reserve for railway purposes in the
locality referred to, nor does he consider it c.xpedient to grant tlie same. The railway line and at least
one chain on each side of it are already under your control, and as regards the two areas for which
special leases are rcijuii'cd by the Chillague Eailway Company, these can he issued by this department
subject to such condilious, inserted in i he leases, as to the carrying out of the works and all subsequent
transactions by the Company under the Icrins of the, leases as you may consider necessary for the due
])ro(ection and sal'cguarding of the railway line, Will you he so good as to advise mc upon the subject
as soon as possible.
F. X, HEENEY.
((5.)
Tue .Secretary td t'iie Commissio.nur for Eaiuways lo Messrs. Tiiynne and Macartney.
Brisbane, 51 h .January, 1899.
(Jentle.men,—Eeferring to your letter of Gth ultimo, submitting on behalf of the Cliillagoe
Jiailway and Mines, J.imited, a proposal for Ihe estahlisliment of electric power and other works on the
J-iarron Eiver, Cairms Railway, I am desired to inform you, the matter having been referred to the Lands
Depai'traent for considei'ation, the Commissioner is now advised that that Department will be prepared to
grant special leases for the two areas re(|uireil for the works, subject to such conditions, inserted in the
leases, as may be consiilercd necessary by this Department for the due protection and safeguarding of
the railway line.
1 am, &c.,
T. S. PEATTEiN,
In
(7.)
llll!, bEORETAJlY I'O ÏIIH CoM M ISS IONIC It FOlt JÍAILWATS to TlIIC UlMlCF EnO IN K ICR I'Oll liAIRWAYS.
lîri.sbanc, ötli .íaiiuary, IS!)'.),
rKorosKi) ijcAsic, luinton un'Ki:, (jati;,\s iiaiiavay.
ÍNIKiMo. I am desired to iiiFonii you that the (dliillaeoe Eailway and Mines, Inmitcd, have applied
for the two (2) areas coloured red on the enelosed lithograph (whitdi please I'etiirn), and the Jjaiids
]de|)artment proposes isstiing special lease.s emhodying stndi eonditioiis ;is to (he carrying out of the
wotks and all subseqtteut tratisactions by the Comjtanv as iiiav he eoiisidcrcd necessary for the due
protection ;md safeguarding of the railway line.
ihe works proposed by the foinpany at the IMervyti Creek site are for the electrolytic (reattnctit
of ores ])ro(lticcd in the (diillagoe district, the machinery for generating electricity to bo driven by water
power led frotn the works at the other site above the Barron balls by a race orconduit, which itis idtnost
certain will several times cross and recro.ss the railwaj' line.
\V ill yolt please advise as .soon as ])os.sible as to the conditions udiich yott coirsidcr should be
embodied by the Lands Departmctit in (he proposed leases for protecting the railway line.
T. «. PliATTEX.
(S.)
The SeCUETARV to TttE Cü.M^tlSStONER fotl !i\ti,ways i() The LÍNDICR SlCClílCTAlíY, JJEI'ART.MENT
OF i't nmc fjANtis.
Brisbatie, 5th Jatittary, l.SPf).
IHiOfOSlClJ LICA.SIC, lîAUUON KlVJÀlt, CAlltA.A It.MIAVAA".
Stit,—1 am desired to acknowledge the receipt of vour letter of the 2]th uliimo, Í).S'2.S()ÍKJ
Kailways, in which you inlimale that your department will be prepared to issue special leases for the two
areas reipiired by the Cliillagoo lililway ami .Mires, fjitnited, sutiject to such condition.s inserted in the
leases, as n.ay be considered necessary by this dejiartment for the due protection and safeguarding of
the railway lino.
Messr.s. Ihynne and Macirliiey, the Company's solicitors, have bceii informed.
1 will advise you further in due course.
1 am, Xc.,
T. S. PKATTEX.
(9.)
TttE CüIEF E.VGtNEEK FOItliAtrAVAYS tO TitE SecREX.VIÍY TO Tit E Co.M MISSIUNER FOR E.-Vt t.WAYS.
Brisbatie, IGth January, IS'Jf).
I'ltOPOSEU LEASlc OE .At.VClttXE .SITE.S, B.YUltOX ItlVEll, CATltXS ll.VTIAVAY.
Me.mo.—Eeferring to your mciuorandutn of the 5th instatit, !).S-(fS7ii (!, re above, askitig to be
advised as to the conditions whiidi L consider shotild be embodied by the Javnds Department in the
proposed leases for protecting the railway line, 1 have the honour to rcytorf: that, as far as the works go,
f consider that the line need not be al'Ecetod, as the whole length of the race should bo in tniinel, c.Yce[)t
possibly in erossing Eaiiibow Creelv, and this could very well be insisted on.
The machinery area seems mueb too large, as no actual works will be placed there, and is brought
too near the litte ¡ippareiitly, as is also the site for head works ; but this can only he definitely settled by
actual survey. It should, of course, he stipulated that everything is to be to your satisfaction, and this
should ap])ly to buildings, which shottld be made ortiamental.
Ill conclusion, I may point out that the concession is a,n e.xccedingly vainable one, worth probably
from £dO,()OI) to ,L50,()U0 per anntim, if copper in abundance i.s obtained at t'hillagoe, and should not be
gratited, iti my o|)itiion, except for a very large rent, and for a comparalivcly short period.
WILLIAM EAGAX, pro. L'biet Engineer.
(10.)
The Under ffECiiETAtiY, Uto lay tic .ment of Puiintc Lynds, to TttE Siocretyuy to the CoMMt.ssioNtOB
for fiaii.ways.
Brisbane, 20th March, 1891).
Me.mo.—Eeferring fo yotir letter dated 5th Jaiuiary last, 98-()S7(i/S, on thcsuhiect of the proposed
grai ting of sjircial lease.s of liind near the Barron f''alls to the Chillagoe Eailway and IMines, Limited,
for the purposes of n water race and electric power-bouse, yon are intormed that the Minister would he
willing to ap])rove of the Commissioner for Bailways being gratited land for au outlet for the water in
accordance with tlie conditions of the loiter from the Company's solicitors, dtited (ith Uecember last—a
copy of wdiich yon forwarded with your letler to this oilice on llie 7th idem—and land for the erection of
machinery—fi'oin 5 to 12 aeres, as rc(|uirc(l, in each block indicaled in red on the accompanying
Itthograpii plan t and would Ittrlhcr coiiscnl to the piiiclioti of these two sties, eilhci by means of a
tuHiiei UHtlciground or a inpc carried, along the surlacc of the laud shown tit grecu on the jtlaii.
E. X. HEENEY.
16
(11.)
Tirii CoMMissioMíR ihk, Railways to Tue ITonouiiaule tue Seckktary for Railways.
]irisbane, 18th April, 1890.
—With reference to previous eorro.spondcnce with tlie I>ivncls Department, and to the
accompanving cop)' of the letter from I lie solicitors of the Chillagoe Railway and Mines, Limited,
touching their a.pplication for certain concessions which would admit of the use by the Company of the
water from the liarron River for the |)urpose of generating electricity for the electrolytic treatment of
ores from the Chillagoe district, I have the honour to inform you that the Deiiartmcnt of Lands has now
agreed to place under the control of the (.'ommis-sioner for Railways the area of land necessary for the
])urposcs of the Couijiany's works, and for a conduit pipe from the point of intake, a short distance above
the Rarron Falls, to a ])oint on .Mervyn Creek some .fO or (10 chains below the Falls.
The area of laud re(|uired in both jilaces—which, of course, will be dellued by actual survey—will
not be more than about 20 acres, for wliieli 1 propose charging the Company an annual sum of £l per
acre ; and for tlie water used in generating (he electricity the Company, it will be seen, ¡iropose that they
be allowed a mean daily average of 1 1 1 cuhic feet iicr second free of jiavment, and for all water taken in
excess of 1 hat (luantit.y a rale enual to one shilling (Is.) per million cubic feet up to the maximum
quantity that they may be jiermitted to use, which is not to bo in e.xcoss of a mean daily average quantity
rlrawn in any one mouth of 2SS cubic feet per second.
.'\s 1 tear that this system of eompiitatioii would ho somewhat complicated, and the daily
consumption ditlicult to a.rrive at, I would much prefer au annual payment for the water used, which
must not under any eireiimstanccs exceed the maximum quantity above stated, and for this privilege 1
])roposc to charge the Company a lump sum of not less than £.500 per annum during the currency of
their mining leases.
1 shall bo glad if you will obtain for me the views of the Cabinet upon this ¡¡reposal.
I have, &c.,
R. J. GRAY.
Ask Mr. Badger's advice on this.—R. Pliilp, 18-4-99.
Papers handed verbally to Mr. Badger.—R. J. Gray, 19th April, 1899.
\JEnclosure in JSfo. 11. (See No. 2.)]
(12.)
Messrs. Tiiynxe and AIacartney io The Commissioner for Railways.
Brisbane, 21st April, 1899.
Sir,— \Ye beg to hand you herewith memo, showing ¡¡articulars of information supplied by us to
Mr. J. S. Badger, with the concurrence of the Hon. the Acting Alinister for Railways, whom we saw in
your absence, on the subject of the proposed Barron Palls lease. This information is taken from the
confidential report of Mr. Alackenzic, Civil Engineer, to the directors of the Chillagoe Railways and
Mines Company ; and as probably the survey and measurements made by Mr. Mackenzie to ascertain flow
of water and depth of fall enabled him to give data not otherwise available to your Department, we
offered to supply those data to Air. Badger, who was about to be consulted on the subject by your
Department.
AYecan only add that if wo can furnish auy other data that may be required we shall be pleased
to do so on request.
AYe have, &c.,
THYNNE AND MACARTNEY.
[Enclosure in No. 12.]
Barron Falls dal.a assu]i])I]'cd lo Air. Badger, with eoucurreiicc of Hou. Acting Minister for Railways, from
Mr, Mackenzie's eonfideiitial repoiT to Directors of (ho Chillagoe Company.
Plow of river ö7ö cubic feel. ]ier second a( the lowest known level of water in the river.
Total fall : Prom rails Alei'vyn Creek Bridge fo level of water in river. 881'!) 1 feet. After allowing for
])osition of head of jircssure colunin (oO feet niider rails at Mervyn Creek Bridge) and for position of turbines
(aliove level of possible flood), the net available fall about 780 feet.
Power: Alinirnum elTective |iowei'from motor (except during periods of exceptional drouglit, not occurring
probably more than once in fifteen years) about 12,.500 horses if all the water were used.
Co.it of Jit/draulic ll'orlv Kstimatcd.
1,532 lineal feet of tunnel and column at Co ... ... ... ... £'22,(i()5
Concrete A¡X'ir intake, sluice gales, &e. ... ... ... ... ... 3,000
Parstoek chamber, catch j)it, by-wasli, &c. ... ... ... ... ... 2,OO0
Turbines for, say, (i.OOO liorse-power... ... ... ... ... ... 12,000
Power-house, foundations, and tail race ... ... ... ... ... 3.50t)
£13,105
Add 10 per cent eontingeneies ... ... ... ... ... ... 4,316
Estimate for Hydraulic AYorks £47,481
Electrical plant estimated at ... ... ... ... ... ... ... £90,000
Please note that maximum quantity of water proposed lobe, made available by Company is only one-half of
(he estimated minimum flow of water at the F'alls.
17
(13.)
The Maxagek of The brasbamo Tbamways Company, Limited, tu The Seciuîtary to the
coaimissionei! foi; Raiiavays.
Brisbane, 17th May, 1899.
Sir,—In tlio inattcr of the |)roposc(l conecssion to the C'liiiiagoo Railway and Mines Company,
Limited, of water power from the Barron River for the ])urpose of venerating electricity for the
cleetrolytie treatment of ores, I have the liononrto report as follows :—
There is no data available in this countrvon whieli to base an estimate of the value of water
power for this purpose, and 1 thoroforc base niv conrlusions upon contracts and proposals which have
been inado by the [larties controlling water power at Niagara Idills, C.B.A., who arc furnishing a largo
amount of power tor similar purposes. Brubahly the largest electrolytic copper i-clining plant in the
world is that of the Anaconda !\'Íining Companv in the United States, hut I believe no information has
ever been made publie in regard to the cost of their operations.
J think 3lr. iMackcnzic's figures on the cost of the proposed plant are too low in some rc8[)ccts,
and 1 will ]dacc the cost at, say, £100,000.
.\ ñow of lit cubic feet per second with a fall of 7S0 feet would develop over 7,()00 horse-power
at the shaft of the water wheels, if the all round elliciency were, taken a.s low as GO per cent. This should
.give (),200 electrical hor.se-power at the terminals of the transmisión line. tChat this power would cost
to develop would depend very much u])on the character of the concession granted ; whether at the end of
the fifty years the plant should revert to the Government absolutely as a going concern, or whether the
Government should only have the right of jmrcliase at a valuation. If the work's are to revert to the
Government absolutely at the end of the term, T do not sec how the promoters could pay anything more
than a nominal ground rent for the concession, as thev would have to set aside nearly £750 per annum
to provide for a sinking fund, and in addition to this the current, renewals and repair.s would amount to a
considerable sum. If, liowever, the rights of the undertakers in the concession are to he subject to
purchase at the end of the fifty years, the sinking fund need not necessarily he jirovided for.
AUith the plant under consideration, to develop G,2()() electrical hor.se-|)ower at the line terminals
for twenty-four hours each day in the year would cost about £18,000 per annum, ,fil5,O00 per annum
for interest and such renewals as cannot form part id' the ordinary operating e.xpenses, and £3,000 per
annum for ordiii.ary operating e.xpeuses. Based upon tlie figures obtained from tlie Niagara plant, the
selliug price of G,200 electrical horse-power for twenty-four hours each day iii the year sliouldhe not lesg
than £ 1 per horse-power per annum, or a total of £2 1,800. Based upon the same experience from the same
source an annual tax of 2 to 21 per cent, on the gross receipts should be a fair return to the Government
for the concession. Therefore, I would say that ,£500 or OtiOO per annum would he a fair figure to both
parties.
The value of a,ny coiicessioii depends upon fhe use which can he made of it, and in the ease under
consideration it is didlcult to conceive that the available power could bo ])ut to any other use than that
proposed by the undertakers. If it were like the Niagara Balls, located in the centre of a dense popula¬
tion and with large manufactories near by, its value would be much greater, but it is hardly probable that
within fifty years there would he much, if any, demand in this locality for such an amount of power for
lighting or any other purpose except under that consideration.
There is necessarily some risk connected with such an undertaking. At tlie end of the fifty years
if the coucessioiL were valuable the Goveriimout could take it over ; and if it were of little or no value at
that time the loss would fall upon the undertaker.s.
I return the papers herewith.
d have, tNc.,
i. S. BADGER.
(14.)
The Com.mission er for Railways to Honourabi.e Secretary for Railways.
Brisbane, 20th May, 1899.
Sir,—With reference to my letter to vou of iSth nlto., intimating that 1 ])ropo.sc to charge the
L'hillagoe Railway and Mines, Limited, an annual sum of uot less than £500 for the use of the water from
the Barron Falls for the purpose of generating electricity for the electrolytic treatment of ores from the
Chillagoe district, and a further sum of £1 per acre per annum for the use of the land for their works in
connection therewith, I have now the honour to forward yon'herewith a copy of a report which I
obtained, at the suggestion of the Treasurer, from Mr. Badger, the manager of the Brisbane Tramways
Company, Limited, giving his views as to the amount which should be charged the Chillagoe Company
for this concession.
As Mr. Badger is of opinion that the amount which the Chillagoe Company ought to pa,y for the
use of the water is between .£500 and £G00 per annum, I propose charging the Company £5.50, and £1
per acre per annum for the laud they will require for their buildings and works, and shall he glad to
obtain the necessary L.xfeciitive authority to execute a lea^e to the Company on those terms.
I have, Ac,,
R. .1. GRAY.
Cabinet desires to see lease, area of land it covers, and all particulars ; if satisfactory, will grant
lease for twenty-one x'cars, .subject to reappraisement then and every ten Vears afterwards.—.1. M.,
23-5-99.
Cabinet.—.1. M., 25-11-99.
B
lEnclomre in No. 14. See No. 13.]
18
(15.)
^e^,^;(llla^í i'iioii .Mil. .). .S. Rhid io IIo.nouhable A. J. Tiianne.
Melbourne oOth May 1899
\ ours ( wenty-iU'th lîc (li'in for (ifty yeiir.s No liiiancier would entertain proposal on shorter life
pxce|)t at prohibitive co.st As last resort conipany might perhaps agree to reasonable fixed increase for
final half of term but lease must be fifty years Writing
J. S. EEIJl.
(16.)
DiCL'AliTMENT Olj' RAIt.WAr.S.
l.K.VSI', Ol' LVXIl 'to TIM': C1[II,I..\00K R.VILW.W .V.\l.) AnNI';S, IRMTtKI), C.VIRX;-.
Brisbane, 8th .) une, 1899.
Ministers recommend thai the Commissioner for Railways be authorised to lease to the Chillagoe
Railway and Mines, Limited, the area, of land shown in the accompanying plan for the purpose of
enabling the Com|)auy to erect works for generating electricity for the electrolytic treatment of ores
and other purposes, the motive power for such generation to be by means of water taken from the Barron
River, a .siiort distance above the, halls, that such lease be for a period of fifty (50) years, and that a
charge of £1 ])er acre per annum be made for the use of such land, and that a lump sura annually of
£500 be paid lor the first twenty-five years of the lease for the use of the water so drawn, the volume of
which, during the currency of the lease, is not to exceed 288 cubic feet per second, and for the second
twenty-five v'cars of the lease, such sum (which shall not exceed £750 per annum) as shall be determined
by appraisement, the Comrais.sioner to have the option, at the expiration of the lease, to resume possession
of the leased property and works upon payment to the Company of the value of the plant and works, such
value to be settled by arbitration, the Company to be bouml to construct the proposed works within five
years from the date of the lease.
Immediate action.
Cabinet will grant lease for 5t) years at £500 for the first 20 years, and three periods of 10 j'ears
with reappraisement during each period, such reappraisement not to exceed 50 per cent, of the previous
period.—J. AI., 13-6-99.
(17.)
The 8eceetakï to hie commtsslonee foe railways lo IIOXOUE.vble A. J. Thy.nxe.
Brisbane, 15th June, 1899.
Sir,—Referring to previous correspondence relative to the proposed lease to the Chillagoe
Railway and Mines, Limited, of an area of land near the Barron Palls, for the purpose of enabling the
Company to erect works for genei'atiiig electricity for the electrolytic trea,tment of ores and other
purposes, the motive power to be by means of water taken from the Falls, I am desired to inform you
that it is proposed to lease the land and give the Comjiauy the right to use the water under the fo,llowing
conditions, viz.;—
1. The lease to be for a period of fifty years at the following rent, viz,;—-£1 per acre ¡ler
annum for the use of the land, and for the use of the water as follows :—
First 20 years.—£500 per annum.
Next 10 years.—Rent to be reappraised, but not more than £750 per annum to be
charged.
Next 10 years.—Rent to be reappraised, but not more than £1,125 por annum to be
charged.
Next 10 years.—Rent to be reappraised, but not more than £1,687 10s. per annum to
be charged.
2. The volume of water drawn during the currency of the lease is not to exceed 288 cubic
feet per second.
3. The Commissioner to have the option, at the expiration of the lease, to resume possession
of the leased property and works upon payment to the Company of the value of the
plant and works, such value to be settled by arbitration.
-1. The Company to be bound to construct the proposed works within five years from the
date of the lease.
The Commissioner will be glad to hear if those terms will meet with the approval of the Company
before finally submitting the matter for Executive approval.
I am, &c.,
T. S. PRATTEN.
(18.)
The U.ndeh Heceetaey, Defaetment of Public L.vnds, to The Seceetaey to the Commissiosee foe
Railways.
Brisbane, 1-lth August, 1899.
Memo.—Inquiry has been made to this department by the Acetylene Gas Company of
Australasia, Limited, with regard to the power available at the Barron Falls for the running of machinery,
and the Minister would be glad to know what has been done in the matter of the proposed lease to the
Chillagoe Syndicate.
FRANCIS X. HEEXEY.
19
(19.)
The Secretatit to the Co\nrrssTONn-;r ron Iíailwavs to Tiin I'ndf.r Shcrktarv, Derartaiext of
I'riiMC Lands.
Brisbane, IStli August, 1S99.
Sir,—I íu11 desired to ¡Kdoiowledge tlic i'ceeipt of your letter of the 1 ttli instant, 99-18091 Sec.
relative to the iinjnii-y made to your department by the .Vcetylene (las t'oinpany of Australa.sia, Limited,
with regard to llie jjower available at the Barron L.-dls Lir the running of machinery, and to inform you
that the terms of the prop(jsed lease to the ('hillagoe Railway and Mines, Limited, have not yet been
settled, but as the directors of the Company will be in Brisbane this week, if is expected that tiie terms
will be dellnitely settled during their vi^it.
I am,
T. S. PR.CrrEN".
(20.)
Messes. TitvxNE and Macartney to The Secretahv to the CoxrAtissioNER for Railways.
Brisbane, 2-1 th August, 1899.
RE BAKHO.X ¡Wl.t.S LisASlt.
Sin,—Referring to your letter dated loth .1 une last, hereon we have the honour to advise you
that the Chillagoe Railway and ¡Mines, Limited, approve of the conditions of lease as therein stated by
you with the following modifications, viz. :—
Condition No. 1.—The rent for the water only to run from the date when the Company begins
to use same.
Conditiom Nos. 2 and 3 are approved of.
Condition No. -1.—That instead of the Company being bound to construct the proposed works
within five years from the date of the lease a proviso should be inserted to the effect that unless tlie
Company expendsjuot less than £50,000 within live years from the date of the execution thereof tiie lease
shall be forfeited. Ton will understand the neces.sity of tliis, as a great deal of the work in its early
stages in connection wiih the lease will be to a great extent experimental.
ATe have, &c.,
TIIYNNE AND MACARTNEY.
(21.)
.^Ir. a. .1. Thtnne <0 The Cohmirsioner for Railways.
Brisbane, 11th September, 1899.
KTemo.—.After seeing Minister and yourself on Oth instant, I sent telegram to Melbourne, saying,
" Barron Falls lease (Tovernment consent to grant lease it annual pavment not delayed more tlian one
vear after ilate of cominencenient of lease."
I now have replv, saying, " Board authorise acceptance on terms proposed."
Will yon please have the matter submitted for Executive approval for to-morrow's Cabinet, and
oblige.
A. J. TIIYNNE.
(22.)
The Coaimisstoner for Railways to The IlntrorRABLE the Secretary for Railways.
Brisbane, 11th September, 1899.
Sir,—Referring to previous correspondence with the Chillagoe Railway and Mines, liimited, and
to the recent decision of the Government fixing the rates which this Company should pay for the water
from the Barron Falls for t he purposes of their works for generating electricity, 1 have the honour to
inform yon that 1 communicated the decision to the legal advisers of the Company, as follows :—
First 20 Years.—£500 per annum.
FoUowintj 10 Years.—Subject to reappraiseinent, but not excee<ling £750 per annum.
Next 10 Yez/r.ç.--Subject to reappraiseinent, but not exceeding £1,125 per annum.
Last 10 Years.—Subject to reappraiseineni, but not exceeding £1,()87 per annum.
Alessrs. Tliv'nne and Alacartney have now written me that the Company have accepted these
terms, with the following modifications :—
1. The rent for the water to commence twedve months from the date of execution of the
lease ; the water to be restored to the river, below the Falls, without injury.
2. That instead of the Company being bound to construct their proposed works within five
ye.irs from date of lease a proviso be inserted to the effect that unless the Company
expend not less than £50,900 within five years from the date of execution of lease the
same to be forfeited.
As these conditions appear to me to be reasonable, I beg to submit the Aliniite in accordance
therewith fur the favourable consideration of the Executive.
I have, ÄC.,
R. .1, GRAY.
20
l\r<'moran(la attached to ±di>. 22.
DliSCHIlTIOX,
Silcfor ireadwortc.i.
Ari'.'i—.\ Ixml S xcri'^.
I'omiiiPiiciiifi; im llic I'ii^ht hank nf llio lîai-i'oii Hiver al llie head ni' (he Falls, and houiideil (hence on the
easi and iiorlh li\ (hat river npwai'ds loa poiiil due iiorlli Iroin ihe norl.h-\ves( corner of al loi meid d ol seidion 2,
io\\ n oi K n randa ; t henee on 1 he w esl hv a line I mm lang son I h (o Ihe rai Iwa v fence ; 1 lienee on (he sunt h and again on
1 he \\'est hy ihe sa id r I il w a y I ein-e hearing S( nil h-ea mI eri loa point diKMai si from the nort li-east eoiaiej' of al lolnieli L
1 ol seelion :i, tow II of K'liranda ; and (hence h\ a line hearing easlerh to ihe point of eoniineneeinenl.
Site far Machineri/-
Area—Ahoul 12 aiax's,
Comnieneing on the right hank of (he Jiarron Hiver al the ¡nnetionof .Mervyn (Ireek, and honndcd thenee
on the north-east hy a line hiairiiig norlh-w eslerly lo the railway fence ; Ihenee on part ol the west l)_y the
said i'ailway liaiei» hearing southerly (oa ]ioint due east of Ihe norlli-eaMi eoiaier of allolnient 2 ol section ñ.town ol
Ivnranda ; Ihenee hy lines hearing soulh-easieriy and soiillierlv to a point, on the Harron Hi\er due east Ironi
the north-east, corner of section (i. hnvn of Ivnranda ; and thence on (lie east hy (lie said river npvvariU to the jjoint
of eommencenient.
(23.)
Extract rnoivr tue .AIisutes op Proceudtxgs op tup, E.xecütive Corxcii, ox 13tu September,
1809, A-r (ioTERXAtENT IlOTISE, ErTSB.VXE.
Present :
His Excellency the Governor in Council.
His Excellency the Governor, at the instance of the Honourable the Secretary for Eailways,
proposes to the Council that the Commissioner for Kailvvays be authorised to lease to the Chillagoe
Railway and Mines, Limited, two (2) areas of land situated between the Barron River and the railway line,
about eight acres and twelve acres, as sites for head works and machinery, respectively, in accordance with the
accompanying lithograph plan and rough description, with the right of conducting a conduit pipe
between the said areas, for the purpose, of enabling the Company to erect works for generating electricity
for the electrolytic treatment of ores and other purposes, the motive power for such generation to be by
means of water taken from the Barron River, a short distance above the Falls ; that such lease be lor a
period of fifty (50) years, subject to the following terms and conditions :—
1. The Company to pay, during the currency of the lease, for the use of the latid, £1 per
acre per annum.
2. The lease to be forfeited at the end of five years from the date of execution unless the
Company shall have expended on their proposed works a sum not less than £50,000.
3. The course and mode of construction of the conduit pipe between the said areas to be
subject to the approval of the Commissioner for Railways.
4. The Company to pay for the use of the water drawn from the Barron River (not to exceed
in volume 288 cubic feet per second, and to be restored to the river below the Falls
without injury) as under:—
During the first twenty years of the lease £500 per annum, to commence twelve
months after the date of execution of the lease.
The following ten years, on reappraisenient, a sum not to exceed £750 per annum.
]<Mr the next ten years, on reappraisement, a sum not to exceed £1,125 per annum.
For the last ten years, on reappraisement, a sum not to exceed £1,687 per annum.
5. The Commissioner to have the option, at the expiration of the lease, to resume possession
of the leased property and works, upon payment to the Company of the value of the
plant and works ; such value to be settled by arbitration.
0. Excursionists and visitors to have free access to any portion of the surface of the land
comprised in the said areas not actually occupied by the works or enclosures surrounding
the same.
The Council advise as recommended.
Immediate action.
V. HEURT, Clerk of the Council.
Approved.—Lamington, 13-9-99.
(24.)
The Secretary to the Commissioner for Eaiiavats to The Crown Solicitor.
Brisbane, 15tb September, 1899.
Sir,—I am desired to inform you that the Executive Council have approved of a lease of two
areas of land at the Falls of the Barron River to the Chillagoe Railway and Mines, Limited, for the
purpose of erecting works for the eloctrolytie treatment of ores and other purposes, the motive power for
such generation to be by means of water from the Barron River, above the Falls, and conveyed by a
conduit from the proposed head works on the upper area ; thence to the machinery to be erected on the
lower area ; and thence restored to the river ; and I am now desired to nsk yoii to be so good as to have
necessary lease prepared for eteeiiiion by tlie (knnpany,
21
All papers are forwarded herewith for your information, also a rough draft of the proposed lease.
It will be obsoiwed tliere is a clause inserted in the lessor's covenant |n'eventing the grant of any
similar lease or of altering or diminishing the flow of water to the prejudice of the Company. This
clause has been inserted by arrangement with IMr. Thvnne, the Coinpauy's solicitor.
In regard to the areas of land, the descriptions seem to be .somewhat vague: if nece.ssary,
however, the sites will be surveyed and proper ilescriptions prepareil from the plan of survey.
Your .advice on this point i.s required. I( is intended to have 1 hem proclaimed as reserves for railway
purposes.
Kindly have the necess.ary lease ))repa)'e(l at yonr early convenience, the draft of which,
however, should bo first submitted to this ollico for approval, and afterward.s to Mr. Thynne as solicitor
for the Compain.
T. ,S. PllATTEN.
(25.)
The Undeiî, Secret.vbv, dep.wt'rvtent of Punr.tc l.cxus. tn Tuf Sforkt.vitv to rite com^rIssfONKH
in)r Kaiiav.vvs.
Brisbane, I8th September, 1891'.
Mevcor.cndum.—Referring to your letter dated ISth ultimo, relative to the inquiry made to this
Department by the Acetylene Gas Company of Austr;ilasia., Limited, with regard to the power available
at Barron Ralls for the running of machinery, I have to re(|ue.sl that you will be so good as to inform
me wbetlier the terms of the i)ropo.se(l lease lo the Chillagoe Rallwun' and .Mines, lamiteil, have yet been
settled.
FRANCIS X. HRENEY.
(26.)
The .Srcret.vry to the Commissionfr for Railwav.s to Tun IIvuEit Secretary, Dei'artmknt
op PgiiT.rc L\nt)s.
Brisbane. 25th September, 1899.
Sir,—Referring to your memo., 99-19458 Rlys.. of 18th instant, 1 am desired to inform you
the terms of the pro])osed lease at the Barron Falls to the Chillagoe Rallw.ays and Mines, Limited, have
not yet been settled.
1 am &c.,
T. S. PRATTEN.
(27.)
The Commtssionee foe Railways to The Hoxoueable the Sechetary foe Railways.
Brisbane, 10th October, 1899.
Sie,—Referring to my letter of the 11th ultimo, relative to the le,ase of areas at the Barron Falls
to the Chillagoe Railway and Mines, Limited, and to the Executive Minute dated the 13th idem, I have
the honour to submit herewith the lease to the said Company, dated 5th instant, which includes the
following additional conditions :—
Company to survey the areas, .and submit a plan for the approval of the Commissioner.
Any grant, lease, alienation, or other disposal of any lands on either side of the river from 20
feet above the upper area to 20 feet below the lower area to be subject to reservation of
the Company's riparian rights.
I have, &c.,
R. J. GRAY.
(28.)
The Undee Secretary, Chief Secretary's Office, to The IIivder Secretary, Departmeîit of
Justice.
Brisbane, 12th October, 1899.
Memo.—The Premier directs me to state that if the lease referred to in the accompanying minute
has not been seen by the Honourable the Attorney-General, he would be glad if you would be good
enough to submit it for Mr. Rutledge's consideration.
HENRY S. BUTTON.
1 approve of the lease as prepared.—A. E., A.G.
\ Enclosure in No. 28.]
Copy of Lease The Commissioxee foe Railways to the Chillagoe Railway and Mines, Limited.
Tili,s indenture made the fiftli day of Octolicv in the year of Onr Lord one thousand eight hundred and
ninety nine between the Commissioner for Railways (wlio togetlier witli Ids successors is hereinafter called " the
Lessor") of the one part and tlie Chillagoe Railway and Mine.s Limited (who together with their successors and
permitted assigns are hercinat'ter called " the Lessees") of the other part Whereas the Lessees are desirous of
enacting works and niacliinery on the banks of the Barron River in tlie eolony of Queensland for tlie purpose of
generating eleetrieity for tlie eleetrolytie treatment of ores and for other purposes the motive power for siieb
generation to he by means of water drawn from the said river at a point above the Barron Falls and eonveyed
menee to the genornting works liy means of a drain conduit or pipe and thereafter restored to the said river at. a
22
pdiiit lielcnv (lie Miid I'.ills Now lliis iiulciillire \viIne^s('lli lliiil in coiisidnration of llic promises and of the renis
am! ol the rovonaids hoia'ina 11 or iTsor\'ril and coiilaliicd ami on iln' pai'l nl tin* Lesseí'^ (o 1)0 paid portormod and
Icopt tlie ia'ssor dot II liv llu'sc pi'csoiits driiiiso lease and pi-ani unto the Lessees ail that piece or parrel of land
situate 1)1 the eoiint\' of .\art\s [larisli of tiairns town ol Ivurauda. lietweeii the ihirroii liiver and tire Cairns
Kaiiway line eontaininfi Ity adineasiireinent. eight am-es nioie or less roninieiieiug on llie right hank of the Barron
Hiver at I lie head of I hi' Falls a in I hounded t henee on the easi and north hy that river upwards to a point due
north from the north-wesi coi'iier of aliolinent four of seellon two (hence on the wesi by a line liearing south to
the railway láuiee thence on the soul h and again on (he west by (he said railway Jenee liearing south-easier!J
to a point due east from the north-east corner of allotment one of section three and thence
hy a line liearing easterly to the point of eonimeneenieiit as shown on tlie plan annexed
hereto also all that piece .or parcel of land containing hy adnieasiirement twelve acres more or less
commencing on the right hank of the liarron liner at the jniiction of Alervyii (.'reek and hounded (hence on the
north-east, liy a, line hearing iiorl h-west eri v to the railway fence thence on jiart of the west, hy the said railway
fence hearing southerly to a point due east of the noi'th-east corner of allotment three of section five and thence hy
lines hearing south-eastei'l\' and simt lierly to a, point on the Ihii-ron liii'er due east from the north-cast corner ot
section six, and thi'iicc on the east hy the said ri\er upwards to the |)(>inl of eomnieueement as sliown on tlie ])lan
annexed hereto and also all the right to eoiistrmd maintain and use a drain eondiiit or pipe either niidergroiiiid or
above groniid or ¡larlly iiiulergroiind and partly alioi'e ground with such works as may he necessary lor ])rovidiiig
a siiilahle intake and ont lei I'oi'I he pn rpose of eonveying I he waler aforeinent ioiied to the said generating works
together Willi full and free rigid ami liheiiy for Hie Lessees I heir eoidraidors sniweyors olllcers and workiinm from
time to time and at all Ihnes dnrliig; Ihe exislenee ot these presents to enter iijion the lands witliili ten leet on I'aeli
side of the said drain conduit or pipe and thereon to go return pass and rejiass and remain for siieh times as may
be necessary or expedient for Ihe ]>iirpose of eonslnictiug rejiairiiig maintaining or using sneh drain eoiidnit or pipe
to have and to hold Ihe premises hei-ehy demised and granted unto the said ia'ssees from Ihe llrst day of January
one thousand nine hiiiidred for Hie term of forl-j'-eiglit years llieiiee next ensuing yielding and paying ior the said
premises during the said 1erm unto (lie Jji'ssor Ihe follow ing reii la Is for the lirsl year'fwenty ])outids For eaidi
and eveiy year of Ihe next nineleeii years the .yearly rental of Five liundred and twenty pounds
For eaidi and exery year of the next ten years siiidi sum as may be mutually arranged and failing
such arrangement such sum as may he determined hy arbitration as hereinafter ]iroxdih'd but not
to exceed the animal rent of Seven hundred and seventy pounds For each and every year of the
next ten years sneh sum as may he nmtnall.)' agreed and failing such arrangement such sum as
may be determined hy arbitration as hereinafter ])royided hut not to exceed the annual rent of one thousand one
hundred and forty-live pounds for each and every year of the last eight years siiidi sum as may he mutually
arranged and failing such arrangemeiif such sum as may be determined hy arhirration a-, hereinafter provided Imt
not to exceed the annual rent of one tliousanil seven hundred and seven ])ounds such rents to be pa3'ahle (piarterly
in advance in manner following that is to say The first (piarter's rent to ho paid at or before the execution of
these presents and snliseipiently Ihe rent to he ])aid in adx'anee on the first days of January April Jnlj' and
October in each and every year during the said term hy eipial puartei-ly payments without any deduction or
abatement xvhatsoever And the Li'ssees do hereh.v covenant with the Lesser that tliex' the ijcssees will liax'e the said
demised lands surveyed li.y a Licensed Sniwe.yor and a ])lan of survey and ileseription thereof lodged with the Lessor
within txvo years from the date of tliese presents Provided however that if the Lessor otijeets to such plan of survey-
and deserijition and the parties fail to agree thereon tlie question ivhether such survey correctly determines the
boundaries of the land liereby demised shall he settled hy arliitration as lierciiiafter provided And the Lessees do
further eovenant that they the Lessees during the said term will pay or cause to he paid the yearly rent or sums
hereinbefore reserved ill respect of tlie premises on tlie days and in the maimer aforesaid and xvill pay all rates
taxes assessmculs and outgoings now payable or lieivafter to become payable in re^peet of the said premises And
will canse all the races tunnels sluifts drains eoiidiiits jiipes tiirhiiies and other works which tlie Lessees may
construct on the premises or belweeu the said intake and outlet works to he constructed in a thoroughly suhstaiitial
ma,nner and in aeeordanee with ])lans and s|)eeifieatious to be ajiproved from time to time h}' the Lessor before such
works are commenced And will permit the fr'ssor or his si'i-vants at all reasoiiahlo times during the said term to enter
upon the said premises to view the same and will alloxv excursionists and visitors to have free access to any portion
of the surface of the land comprised in the said premises not actually occupied liy tlie works or the enclosures
siirroiiiiding the same and will w itliiii the jierlod of five yeai's from the date of execution of these presents expend a
sum not less than Fifty thousand pounds m tlie eoiistructioii of works and inaehiiiery for the ]mi'poses aforesaid
and will not assign underlet or otherwise ])arl, with the jKissession of any part of the said premises without the
previous license in writing of the Lessor and will not draw from (he said river for the purposes aforesaid a greater
volume of water than t wo hundred and eighty-eight euhie feet in any one second and will restore the said water to
that river at a ])oiiit not more than sixty-four chains hclow the said Falls xvithout pollution loss or injury
(reasonable loss from natural and neee^sary causes excepted) provided always that if the rent or sums hereinbefore
reserved or any part thereof shall at any I line or times during the terni hereby granted he in arrear or unpaid for
thirty (la,ys next after any of (he days whereon Ihe same is or are lierehy made jiayahlc or if there shall be a
breach by the Jjcssees of any of tlie eoxcnaiils liereiiiliefore eonlaiiied then il shall ho lawful for the said Lessor
to re-enter upon the said premises or anj' jiaid thereof in the name of (he whole hy force if nccessaiw and to have
again and repossess the said jiremises a^ of the fornier e,state of the Lc-s.ir and From theiieeforth the term and all
rights hereby granted shall absolutely cease and determine and ¡I is herehj' agreed and deehircd that at the
expiration or sooner determination of the term hereh\' granted Ihe Lessor shall have the option of pureliasing
the iiiant machinery and xvorks erected on the said jireinlses on pa.vinent to the iicsseesof an amount to be
mutually agreed upon and failing sneh agreement sindi ainonnl as may he deiennined hy arbitration as hereinafter
providetl and further that, in tlie event of (he Le-sor at the expiration or sooner determinati<m thereof
of the said term not elect ing to jmrehase tlie said plant maeliinei-y and works it shall he lawful for the said Lessees
within a reasonable time Ihereafter t,o l'eiiue, e .--ueh plant nniehiiiery and works fi'om the -aid premises Provided
always that, any damage occasioned h.y such reiiio\-al shall he made good ¡o llie Lessees to the satisfaction of the
Lessor and the Lessor dotli hereby eovenant with the Lessees that he llie Lessor and the (TOvernmentof (Queensland
will during the existence of these presents ])ermit the Lessees to draw from Ihe said river al any point opposite tlie
first herelubefure mentioned laud T'w o liundred and eight y-eighl eulhe feet of water jier second Provided ahvaj's
and it is ex]n'essly declared that the Jjcssur does not eovenant that the said mentioned l)od\' of waiter or an}' part
thereof will flow in the said river or he available for the Lessees during the said term And the Lessor further
covenants with the Lessees that during the existence of diese pi'esenls (lie Lessor shall not dix'eri, or interfere in
any manner with the rix-er so as to diminish the x oliime of xvater available for the purpose aforesaid below Two
hundred and eighty eight eubie feet per second And furl her I hat during the existence of these ])resenls that no grant
lease alienation or other disjiosa] of any lands on eitlier side of the said rix'cr between a point twvnty feet above the
land firstly hereinbefore described and a point Iwenly feet below tlie land secondly hereinbefore described sjiall be
made by tlie Lessor or by any otlier JJepartmeiil of Ihe Cfovernmciit "without first reserving or exempting fx'om au}'
such grant lease alienation or other disposal sneh rqiarian rights as would Imt for sueli reservation or exemption
entiile siicli granice or lessee io objeid to tlie said Lessees diminishing Ihe flow of w"a(er between the said points
1)V Two iinncired and eigiity eight enbie feel jier second And liirtiier that the Lessees pa.ying the rent or sums
and performing and observing all the eoveiiants and eoudidons hereiiiliefore reserved and contained max peaceably
hold ihe said premises (luring die said term williont interrniitioTi by tlie Lessor or any person laxvl'iilly claiming
23
Ululer liiin Aiul it is lieivliy agreed and declared lhat where i[uc^tiiiiis are referred In arliilralinn as heroiubcfore
authorised cacli partshall ap])oint an arhitrator and a third arhilrator shall he a)i]iniiiled by the two arbitrators
already a])|)ointed as by this clause provided and such ai-bi(ralinii jiroceedlngs shall be ]im'suaiit to and so as u itii
reganl to the mode and oonsci|uciice of the nd'ereiiei' and in all olhcr respeels to conloriii In the jirovisioiis in that
behalf eoutaiiied in the " Interdict ArtofXñiil " hud it is also deidared lhat any actual waiver by the Lessor or
any of the covenants or conditions herein contained shall not be assumed to extend to any breach other than that
to whiidi the waiver specially relates nor to o|)eratc as a general waiver of the coixmant or condition in rpiestion.
In ^Xhtness wliereof the seals of the said ]iarlics hereto liave been hereunto allixed the da\'and year first
above written.
The Ollieial Seal of the Commissioner for liaihvays was hereunto affixed by Thoina.s Symes Pi'atlcn,
the Secretary to the .said Commissioner, in the jircsence of—
SIALOA BOLANL.
T. S. I'liATTEN.
The Common Seal of the Chillagoe Uailway and Mines, Limited, was licreto aflixed by authorify of
the I-lirectors and in the iiresence of—
J. S. JxlilJd, Director.
•IAS. MEABAS. Acting Secretary.
(29.)
Extract t'ro.m the Minutes of Proceedinuis of the E-xecuttve Council on IItu October,
1899, AT GrOTERNlIENT HoUSE, BhISRANE.
Present: His Excellency the Administrator in Council.
His Excellency the Administrator, at the instance of the Honourable the Eecrctarj for Railways,
with reference to Executive Minute, dated 1.3th September, 1899, relative to lease to the Chillagoe
Railway and Mines, Limited,'of the two (2) areas of land situated on the Cairns Railway, near the Barron
Falls, for the purposes of the proposed works for the electrolytic treatment of mineral ores, &c., now
proposes to the Council that the accompanying lease, dated 5th October, 1899, between the Commissioner
for Railways and the Chillagoe Railway and Mines, Limited, be now approved.
The Council advise as recommended.
Immediate action.
A. V. DRURY, Clerk of the Council.
Approved.—S. W. Griffith, 11-10-99.
(30.)
The Sechetabi" to the Commissioner for Railways to Messrs. Thynne axd AIacartnet.
Brisbane, 23rd October, 1899.
Gentlemen,—I am desired to forward, herewith, as requested, copies of the Minutes of Proceed¬
ings of the Executive Council, as under, duly certilied to by the Clerk of the Executive Council :—
1. Minute approving of the working plans, specifications, drawings, &e., for the construction
of the line of railway from Mareeba towards Chillagoe for a distance of 50 miles.
2. iMinute approving of the lease to the Chillagoe Railway and Mines, Limited, of the two
areas of laud situated on the Cairns Railway, near the Barron Fails, for the purposes of
the Company's proposed works for the electrolytic treatment of mineral ores.
I am, &c.,
T. S. PRATTEN.
[Ilnolosures in No. 30. (^See Aos. 23 and 29.)]
(31.)
The Secretary to the Com.missioner for Rulways to Tin; Unuer Secrkiary, Detaktment of
PuBLtC JjANDS.
Brisbane, 30tli October, 1899.
,Sin,— Beferring to your meine., 99-1915.S Rlys., of ISlh ultimo, I am de.-i red to forward, for
voiir information, copy of the lease, the Commissioner for Railways to the Chillagoe Railway and Mines,
Ifimited, dated 5th instant, approved by Executive iMinute dated 11th instant, cojiy of which is also
enclosed.
• i am. Ac.,
T. S. PRATTEN.
(32.)
The Secketaht to the Commissioner for Railways to Tue Chief E.nüineek.
Brisbane, BOtli October, 1899.
Memo.—I am desired to forward, for your iiiforuiation, copy of the lease, the Commissioner
for Railways to the Chillagoe Railway and Mines, Limited, dated 5tli instant.
T. S. PRATTEN.
Pricp 'IS. 9c?.]
Bv iutlioritj: Edmukd Gkecokv, Oo^eminent Printer, ^Villiam street, Eri&bane.
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Area betríeen trís Line the Jííver-Proposed Railway Reserve
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By Authority: Edmund Gbbqoet, Goverument Printer, WlllUm street, Brisbane.
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