Allan and Stark Burnett Lane Subway Authorisation Act 1926 (Qld)

Allan and Stark Burnett Lane Subway Authorisation Act 1926

An Act to authorise Allan and Stark Limited to construct and thereafter maintain a subway in and below Burnett Lane, within the City of Brisbane, and for other consequential purposes

Preamble WHEREAS Allan and Stark Limited, of Brisbane, in the State, a company duly incorporated under the Companies Act 1863 (with its successors and assigns called "the company"), is the owner in fee simple of the land situated in the county of Stanley, parish of North Brisbane, in the City of Brisbane, being allotments 8, 8A, 9, 9A, and 10 of section 12, and being the whole of the land described in certificate of title no. 293184, volume 1609, folio 174, and which land is situated on the eastern side of and has a frontage to Burnett Lane (a roadway within the said city), and is also the owner in fee simple of the land immediately opposite and having a frontage to the said lane and running back to Adelaide Street, in the said city being subdivision 2 of allotment 20 and the south-western moiety of allotment 19 of section 12, and being the whole of the land described in certificate of title no. 93121, volume 619, folio 111. And whereas the company is desirous of constructing and thereafter maintaining a private subway under the surface of the said lane so as to afford by means thereof direct communication between the 2 parcels of land of the company hereinbefore mentioned. And whereas the company has obtained from the Brisbane City Council the consent of the said council to the construction and maintenance of the said subway (so far as the said council is empowered to so consent) and an agreement in that behalf was on 2 November 1926, made and entered into by and between the said council and the company (a copy of which agreement and of the sketch therein referred to is set forth in the schedule). And whereas the company has procured the consents to the construction and maintenance of the said subway of the Postmaster-General of the Commonwealth of Australia, the Metropolitan Water Supply and Sewerage Board, the Brisbane Gas Company, and the City Electric Light Company Limited. And whereas the company is ready and willing in the construction and maintenance of the said subway to carry into effect and to conform in all respects with the covenants, conditions, stipulations, and provisoes set forth in the agreement between the said council and the company hereinbefore mentioned. And whereas the construction and maintenance of the said subway will be of great advantage to the company in carrying on its business, and if the terms and conditions in the said agreement set forth are at all times observed and conformed with by the company the said subway may be constructed and maintained without disadvantage to the public or to the said council or any other persons or corporations possessing any powers, rights or authorities in respect of or in relation to the said lane and the surface of the same and the subsoil lying thereunder. And whereas it is expedient that the company be granted authority to construct and maintain the said subway subject to the provisions in this Act contained, and also subject to the terms and conditions in the said agreement set forth.