Cooma to Bombala, via Nimitybelle, Railway Act 1908 (NSW)

A c t Xo. 23, 190S.

An Act to sanction the construct ion of a l ine of railway from Cooma to Bombala, via N i m i t y - b e l l e ; to authorise the construct ion of the said l ine on public roads ; to amend the Public Works Act , 1900, so far as it relates to the m a k i n g and mainta in ing of fences a long the said l ine : to provide for the use of the said line by the Construct ing Authori ty , or by persons authorised by h i m ; and for other purposes consequent thereon or inci­

dental thereto . [21st December. 1908.]

declare t ha t it was expedient to carry out a cer tain work, namely , the WH E R E A S , in accordance with the provisions of t he W o r k s Act , 1900, t he Legislative .Assembly did, by resolution, Publ ic

cons t ruc t ion of a line of rai lway from Cooma to Bombala, via Nimi tybel le : And whereas, on t he passing of t he said resolution, a s t a tu to ry du ty was by the said .Act imposed on the Secretary for Pub l ic W o r k s to in t roduce a Bill into the said Assembly to sanct ion t he carrvincr out of t he said w o r k : Be it therefore enacted bv the K i n » ' s Most Excel lent Majesty, by and with t he advice and consent of {he .Legislative Council and Legis la t ive Assembly of New South W a l e s in Par l iament assembled, and by the au thor i ty of t he same, as follows :—

1. I b i s Act may be cited as the " C o o m a to Bombala , via

Nimi tybe l le , Bail way Ac t , 1908 . "

2. The car ry ing out t he said work (more par t icu lar ly described in the Schedule to this Act) is hereby sanc t ioned ; and the Secretary

for Pub l ic W o r k s , o r the member of tin 1 Execu t i ve Council for the

t ime being per forming the dut ies of the said Secretary, is hereby authorised to u n d e r t a k e and carry out the said work, subject to the provisions of this Act , and for t ha t purpose shal l be, and shall have t h e powers and duties of, Cons t ruc t ing A u t h o r i t y wi thin the meaning

of t he Pub l i c W o r k s Act, 1900.

3. The plan of the said work is the plan marked " Cooma to
Nimi tyhe l l e and Bombala Ra i lway ," signed by the Secretary for

Pub l i c W o r k s , and counters igned by the Chief Engineer for Rai lway

and T r a m w a y Const ruct ion , and deposited in the publ ic office of the

said Secretary. 4.

4. The cost of ca r ry ing out the said work, es t imated at four

hund red and ninety-s ix thousand one hundred pounds, shall he defrayed from such Loan Votes as are now or may hereafter he appl icable to t ha t purpose, or from appropria t ions of the Pub l i c Works Lund , or par t ly from such votes and par t ly from t h e said appropr ia t ions , and shall no t u n d e r a n y c i rcumstances exceed the es t imated cost by more t h a n ten

per c e n t u m .

5. The said l ine of railway 7 may be cons t ruc ted on any publ ic

road or h ighway .

6.    No twi th s t and ing the provisions of section eighty-four of the

Pub l i c W o r k s Act , 1900, t he Cons t ruc t ing Au tho r i t y shal l no t be requi red or compelled, nor shall it be the du ty of the said Au tho r i t y , to m a k e and main ta in any7 fence along the said line of ra i lway for
the accommodat ion of any person or for any purpose "whatsoever ; but the said au thor i ty may, in his discretion, make and main ta in such
fences in connect ion with the said line of rai lway as he may t h i n k fit.

7. The Cons t ruc t ing Author i ty , and any persons au thor ised

by7 h im, may use the said line, or any par t thereof, before it is
t ransfer red to tin; Chief Commissioner for Ra i lways and Tramways ,
and for t h a t purpose may r u n thereon any carr iages or waggons

propelled or drawn by any mot ive power.

S C H E D U L E .

Coomn to 1'iombala, via Nimitylelle, llailw.iy.

T H I S is an extension of the Goulburn to Cooma railway, and commences a t the southern

end of Cooma station, a* two hundred and sixty-four miles, forty-seven decimal live chains from S y d n e y ; and proceeding thence in a s o u t h e a s t by south direction, following generally the main road to Rock Fla t , and passing through the western portion of t h a t town, it reaches and crosses Spr ing Creek, and continues in a due south course for abou t live miles ; and heading Brick Kiln and Rock f l a t Creeks, it takes an east-south-east direction to Nimitybolle ; and after descending to and crossing MaeLiusjhlin River ,	near its confluence with Pigr ing Creek, it follows up the western bank of the la t te r to its
sou rce ; thence a southerly course brings it to the head of Na t ive Dog Creek, winch it
crosses, and traverses the slopes on its eastern side south-westerly for about twelve miles ; one mile fur ther on the main road from Cooma is reached ; ami after runn ing along its western boundary for about a mile, a sharp turn to the w e s t eirrie-i it. across Bibbenluke Road, half a mile beyond which it takes an almost due south bearing to the western valley of the Bombala River, which is followed for about four miles to the te rminus a t Bombala, at three hundred and twenty-eight miles sixty-two chains from Sydney, be ing a total dis tance of sixty-four miles fourteen decimal five c h a i n s ; - a n d subject to such deviat ions and modifications as may be considered desirable by the Cons t ruc t ing Au tho r i t y .

Act