Byrock to Brewarrina Railway Act 1898 (NSW)

Act No. 42, 1898.

An Act to sanction the construction of a line of

Railway from Byrock to Brewarrina. [24th

December, 1898.]

WHEREAS, in accordance with the provisions of the Public Works that it was expedient to carry out a certain work, namely, the con­Act of 1 8 8 8 , the Legislative Assembly did by resolution declare
struction of a line of railway from Byrock to Brewarrina: And whereas the said resolution imposed a statutory duty on the Secretary for Public Works to introduce a Bill into the said Assembly to sanction the carrying out of the said work: Be it therefore enacted by the Queen'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: —

1. The carrying out of the said work (more particularly described

in the Schedule to this Act) is hereby sanctioned, and the Secretary for Public Works, or the Member of the Executive Council for the time being performing the duties of the said Secretary, is hereby authorised to undertake and carry out the said work subject to the provisions of this Act, and for that purpose shall be, and shall have the powers and duties of, a Constructing Authority within the meaning of the Public Works Act of 1 8 8 8 .

2. (1) The Governor shall within three months after the com­ mencement of this Act by proclamation in the Gazette declare the district which in his opinion will be served by the said work, and upon the publication of that proclamation every lessee from the Crown of lands within that district shall in the year in which the said work is completed and the line of railway opened for traffic, and in every succeeding year up to and including the year in which the amount of the receipts from the said line of railway equals or exceeds the amount of the working expenses together with the amount of the interest pay­ able on the cost of construction but no longer, pay the sum of one farthing per acre for every acre of such land leased by him in addition to any sum which he is liable under any Act relating to Crown lands to pay as rent for such land.

(2) The provisions of the Acts relating to Crown lands which

apply to the payment and recovery of rent for such land shall apply to the payment and recovery of such additional rent, which, when paid, shall be forwarded by the Secretary for Lands to the Rai lway Com­ missioners.

D 3.

3. The plan of the said work is the plan marked Byrock to Brewarrina Railway, signed by the Secretary for Public Works and countersigned by the Engineer-in-Chief for Railway Construction, and deposited in the public office of the said Secretary.

4. The cost of carrying out the said work, estimated at one hundred and forty-six thousand three hundred and fifty pounds, may be defrayed from such Loan Votes as are now or may hereafter be applicable to that purpose, and shall not under any circumstances exceed the estimated cost by more than ten per centum.

5. The said line of railway may be constructed on, or along, or by the side of any public road or highway.

6. This Act may be cited as the " Byrock to Brewarrina Railway

A c t , 1 8 9 8 . "

SCHEDULE.

Byrock ID Brewarrina Railway.

This line branches from the Great Western Railway at four hundred and fifty- five miles sixty-two chains from Sydney, at the north-west end of Byrock Station, and follows generally the travelling stock reserve, number one. thousand two hundred and seven, for about nineteen mil' s. Hire, in order to avoid heavily flooded country, it leaves the reserve and continn s generally parallel to it, about two miles to the eastward to Brewarrina, ending at five hundred and fourteen miles twenty-five chains from Sydney, being a length of about fifty-eight mile.-' forty-throe chains, and subject to such deviations and modifications as may be considir d derivable by the Constructing Authority.