Act No. 88, 1902.
An Act to sanction the const ruct ion of a line of Railway from Bogan Gate to Bu lbodney ; to amend t he Publ ic Works Act, 1900, so far as it re lates to the du ty of t he Cons t ruc t ing Author i ty to make and mainta in fences along the said l i n e ; to author ise the const ruct ion of t he said l ine on public r o a d s ; to provide for t he imposi t ion of a tax on certain lands in connect ion wi th such line ; and for o ther
| purposes. | [7th November, 1902.] |
| WH E R E A S , in accordance wi th t he provisions of t h e Pub l i c | Ac t , 1900, t h e Legislat ive Assembly did, by resolution, declare |
W o r k s
| t h a t i t was expedient to ca r ry ou t a cer ta in work, namely , | t h e |
| const ruct ion of a l ine of ra i lway from Bogan Ga te to Bulbodney : | A n d |
| whereas on the passing of t h e said resolut ion a s t a tu to ry du ty was | b y |
| t h e said A c t imposed on the Secre tary | for Pub l i c | W o r k s | to in t roduce |
| a Bill in to t h e said Assembly to sanct ion t h e car ry ing out of the | said |
work : Be it therefore enacted by t h e K i n g ' s Mos t Exce l l en t Majes ty , by and wi th t he advice a n d consent of t he Legis la t ive Council and Legis la t ive Assembly of N e w Sou th W a l e s in P a r l i a m e n t assembled, a n d by t h e au thor i ty of t h e same, as follows :-—
| 1 . This A c t m a y be cited as t h e " Bogan Gate to | Bu lbodney |
| 2 . The ca r ry ing | out | of | the | said | work | (more | pa r t i cu la r ly |
| described in t he Schedule to th is Act ) is hereby sanc t ioned ; and | t h e |
| Secretary for | P u b l i c W o r k s , or t h e M e m b e r | of | t h e | Execu t ive | Counci l |
for t h e t ime be ing pe r fo rming t h e dut ies of t h e said Secretary, is he reby author ised to under take and car ry out t he said work, subject to t h e provisions of th is Act , and for t h a t purpose shal l be , and shal l have t h e powers a n d dut ies of, a Cons t ruc t ing A u t h o r i t y w i t h i n t h e
| mean ing | of t he | Pub l i c W o r k s | Ac t , | 1900. |
| 8. | (1) | W i t h i n | th ree | m o n t h s | after | t h e | commencemen t of | th i s |
Act , t h e Secretary for Lands by notification in the Gaze t te shall declare t h e distr ict which , in his opinion, will be benefited by the cons t ruc t ion or use of t h e said l ine of ra i lway, a n d m a y a l te r or a m e n d any such
| notification. | U p o n | t h e opening of t h e l ine to traffic t he | Railway |
| Commissioners of N e w Sou th W a l e s | shall for t h e year, commenc ing |
on a day to bo fixed by t h e m , n e x t following t h e opening of t he l ine to traffic impose and collect in respect of l and wi th in the said dis t r ic t a
| t a x | of— |
| (a) | one p e n n y and one-half penny in t h e pound on the un improved | |
| va lue of land wi th in five miles of t he l i n e ; | and |
| (b) | one penny in the pound on the unimproved value of land |
| beyond five and wi th in t e n miles of t h e l i n e ; | a n d | |
| (c) | one half-penny in the pound on the unimproved value of |
| land beyond t en and wi th in t w e n t y miles of | the l ine. | |
A n d for every year thereafter and un t i l the Railway Commissioners of N e w Sou th Wales certify t h a t t he receipts for t he l ine du r ing
| t h e | n e x t | p reced ing | year are | sufficient | to m e e t | t h e work ing | expenses |
| and | in teres t , a t | t h e r a t e of | t h ree | per c e n t u m | per a n n u m , on the cost |
of const ruct ion of t he line, t h e Railway Commissioners of N e w South W a l e s shal l impose and collect a t ax in respect of t h e said land, at a ra te no t exceeding t h a t hereinbefore set out , so t h a t t he ne t proceeds
| of such t ax , toge the r w i th t h e receipts of t he l ine du r ing t h e t hen | n e x t |
| preceding year , will a m o u n t | to , b u t no t | exceed | by more t h a n t en per |
| c en tum, t h e work ing expenses of t h a t year and in te res t as aforesaid | on |
| the cost of cons t ruc t ion of t he l ine. |
| For | t h e purposes of th is section t h e un improved value of a n y |
| land shall be t aken to be such va lue as assessed unde r t h e L a n d | and |
| I n c o m e | T a x | Assessment A c t | of | 1895, or a n y | A c t a m e n d i n g | the | same. |
The proceeds of such t a x shall be paid to t he credit of t he
| R e v e n u e | A c c o u n t | of | the | Ra i lway | Commissioners | of | N e w | South |
| W a l e s . |
(2) F o r t he purpose of car ry ing ou t t he provisions of th is section al l t h e provisions of t h e L a n d a n d I n c o m e T a x Assessment A c t of 1895, a n d of a n y Ac t amend ing the same, r e la t ing to t h e assessment of the va lue of l and for t he purposes of land t ax , and to t h e collection,
p a y m e n t , a n d recovery of l and t a x unde r t h e said Acts , shall apply
m u t a t i s m u t a n d i s to t h e assessment of t he value of t he land benefited
as aforesaid, and to t he collection, paymen t , and recovery of t h e t ax thereon under th is sec t ion ; and such t a x shal l , u n t i l p a y m e n t , be a cha rge on t h e l and so t axed in priori ty to all sales, conveyances, mor tgages , charges , l iens, and encumbrances whatsoever , save and except t h e cha rge the reon in respect of land t ax unde r t he said Acts , and for t h e purposes aforesaid t h e Railway Commissioners of N e w South W a l e s shall have all t he powers conferred on the Commissioners for Taxa t ion by the said Acts .
| 4. The p l an of t h e | said work is t he p lan m a r k e d " Bogan | Gate |
| to Bu lbodney | Railway," | signed by the Secretary for Pub l i c W o r k s and |
| counters igned by t h e Engineer- in-Chief for | Railway | Construct ion, a n d |
deposited in t he publ ic office of t he said Secretary.
5 . The cost of car ry ing ou t t he said work, es t imated a t two
h u n d r e d and forty-four thousand t h r ee h u n d r e d and seventy pounds , m a y be defrayed from such Loan Votes as are now or m a y hereaf ter be appl icable to t h a t purpose , a n d shal l no t u n d e r a n y c i rcumstances
| exceed t h e es t imated cost by more t h a n t en per | c en tum. |
6. No twi ths t and ing t h e provisions of section eighty-four of t he
| Pub l i c | W o r k s Ac t , 1900, t h e Cons t ruc t ing A u t h o r i t y shal l n o t be |
| requ i red nor | compelled nor shall i t be t h e du ty of | t h e | said | A u t h o r i t y |
to m a k e or m a i n t a i n a n y fence along t h e said l ine of ra i lway for t he accommodat ion of a n y person or for any purpose whatsoever ; b u t t he said A u t h o r i t y may , in i ts discretion, m a k e and m a i n t a i n such fences
| in connect ion wi th t he said l ine of ra i lway as i t m a y t h i n k | fit. |
7. The said line of ra i lway may be constructed on any publ ic road.
S C H E D U L E .
| Bogan Gate to Bulbodney | Railway. |
| This line commences by a junc t ion with the P a r k e s to | Condobolin rai lway a t t he |
east end of Bogan Gate station, a t two hundred and ninety-one miles forty-eight chains eighty-three l inks from Sydney, and proceeds in a north-westerly direction along t ravel l ing stock reserve six thousand six hundred and forty-five, and ski r t ing the main road to Gobondry, which is crossed several times, Trundle being passed a t three hundred and eight miles, t en miles beyond which a more nor ther ly direction is t aken unt i l Bullock Creek is crossed, a t three hundred and th i r ty- two miles. The north-westerly direction is then resumed, the road from Dandaloo to Melrose being crossed a t three hundred and fifty miles, and the line ends near Bulbodney Creek, a t three hundred and sixty-six miles fifty-three chains eighty-three l inks, being a distance of seventy-five miles five chains, a n d subject t o such deviations and modifications as may be considered desirable by t he
| Construct ing | A u t h o r i t y . |