Young Wallsend Coal Company's Railway Act of 1888 52 Vic (NSW)

An Act to enable the " Young Wallsend Coal 'eese Wvanseso

Coat Company's

Company (Limited)" to construet a Rail- | 2» way from the Young Wallsend Coal-fields

to the Sydney and Waratah Railway.

[10th January, 1889. |

wees certain persons now residing in the Colony of New Preamble. ; South Wales propose opening coal-mines, and establishing a colliery, or collieries, on a parcel of land situated near Newcastle, in the parish of Teralba, county of Northumberland, and have formed themselves into a Company called the "Young Wallsend Coal Company (Limited)"; and in order to facilitate communication between the said coal-mines and the Sydney and Waratah Railway such persons are desirous of constructing a railway from their said coal-mines to the Sydney and Waratah Railway; but as part of such proposed railway is intended to be made upon and pass over Government roads and through land the property of bodies corporate, and private persons respectively, the same cannot be made without Legislative authority. And whereas the said coal-mines are likely to prove beneficial to the Colony, and the public are concerned in promoting such an increase in, and facilities for, the supply of coal for local consumption, steam navigation, and export, as would result from the construction of the said proposed railway, and the traffic on the

20 52° VIC. 1889.

Young Wallsend Coal Company's Railway.

the Sydney and Waratah Railway would be inercased thereby. It is therefore desirable to authorize by Legislative enactment the con- struction of the said railway, subject to the provisions hereinafter contained, upon payment of compensation to the scveral parties through whose lands the same shall pass, for such portion of their respective lands as may be required to be taken and occupied thereby : Be it therefore enacted by the Quecn's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :— Authority to con- 1. It shall be lawful for the said Company to make and con- struct railway and struct a railway from a point on the north of the Government road Sydney and Waratah leading from Wallsend to Cooranbong, crossing that and other Govern- Railway. ment roads, and through the lands known as those of Isaac Griffiths, Gilbert Ridley, John Charles Bonarius, James Gibson, and William Hestlow, and the Newcastle Wallsend Coal Company, joining the Sydney and Waratah Railway line, about ninety-two miles seventy- eight chains from Homebush; and to effect, if necessary, a junction between said line and the Sydney and Waratah Railway, in accordance with the "Public Works Act of 1888," such railway to be in the direction described in the Schedule hereto ; but so that the same shall not occupy, at any part thereof (except where required for sidings), a greater space in breadth than sixty-six feet. Site of railway shall 2. The ground and soil of so much of the site of the railway as Ponies without cons passes over the lands of the said owners of lands respectively, and over veyanco. Crown Lands, together with such rights of ingress, egress, and regress upon the adjacent land as may be necessary for the making and repair thereof shall be vested by virtue of this Act, and without the necessity of any conveyance in the Company for the purposes of railway. Provided that no lands vested in the Railway Commissioners of New South Wales shall by virtue of this Act be vested in the Company, and nothing herein contained shall prevent the said owners from carrying on any mining operations beneath the said railway which shall not interfere with the safety of the said railway and the traffic thereon; and the Company shall have no further right to the soil of the said lands beneath the surface than shall be requisite for the formation and repairs of the said road by cutting, embanking, sinking wells, or otherwise. Provided also, that if in the exercise of the powers hereby granted, it be found necessary to cross-cut through, sink, raise, or use any part of any road, whether carriage-road or horse road, so as to render it impassable for, or dangerous, or inconvenient to the persons entitled to thé use thereof, the Company shall, before the commencement of any such operations, cause a sufficient road to be made instead of any road interfered with, and shall, at their own expense, maintain such substituted road in a state as convenicnt as the road interfered with, or as nearly as may be. And the Company, before they use the said lands of the said owners of land, and the said Crown Lands respectively, for any of the purposes aforesaid, shall, if required so to do, separate the same by a sufficient fence from the land adjoining thereto with such gates as may be required for the convenient occupa- tion of such land, and shall also, to all private roads used by them as aforesaid, put up fences and gates in like manner in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads, and in ease of any difference between the owners or occupiers of such roads and lands and the Company as to the necessity for such fences and gates, then the said Company shall put up and erect such fences and gates as any two Justices of the