Culcairn to Germanton Railway Act 1900 (NSW)

Act No. 85, 1900.

An Act to sanction the construct ion of a line of rai lway from Culcairn to Germanton ; to amend the provisions of the Publ ic Works Act, 1900, so far as they relate to the du ty of t he Cons t ruc t ing Author i ty to make and main­ tain fences along the said l ine ; to au thor ise the const ruct ion of the said line on public roads ; to provide for the imposition of a tax on certain lands in connection with such line ; and for o ther purposes. [11th December, 1900.]

tion of a line of railway from Culcairn to Germanton : And whereas on the pass ing of the said resolution a s ta tutory duty was by the said Act imposed on the Secretary for Public Works to introduce a Bill into the said Assembly to sanction the car ry ing out of the said work: Be it therefore enacted by the Queen 's Most Excellent Majesty, by and with the

WH E R E A S , in accordance with the provisions of the Public Works that it was expedient to carry out a certain work, namely, the construc­Act, 1900, the Legislative Assembly did, by resolution, declare

the advice and consent of the Legislat ive Council and Legislat ive Assembly of New South Wales in Par l i ament assembled, and by the au thor i ty of the same, as follows:—

1. This Act may be cited as the "Cu lca i rn to Germanton Rai lway

Act, 1900."
2. The car ry ing out of the said work (more par t icular ly described in the Schedule to this Act) is hereby sanct ioned; and the Secre ta ry for Public Works , or the Member of the Executive Council for the time being per forming the duties of the said Secre tary , is hereby authorised to under take and ca r ry out the said work, subject to the provisions of this Act, and for tha t purpose shall be, and shall have the powers and duties of, a Const ruct ing Author i ty within the meaning of the Public Works Act, 1900:
Provided that the said works shall not be commenced to be constructed unless the pr iva te lands required for the construction of the line (except town al lotments) have been contracted, by ins t rument in wri t ing, to be conveyed by deed of gift, t ransfer , or exchange from the owners to the Crown, or there has been paid to the Construct ing Author i ty a sum equal to or g rea te r than the amount est imated by the said Author i ty to be required for the resumpt ion of land for the said work : And the money so paid shall be applied for the purpose of the said resumption.

I t shall be lawful for all par t ies being seised, possessed of, or entit led to any such land or any es ta te or interest therein, to contract to give and convey, or release, and to give and convey or release the same to the said Secre ta ry or member for and on behalf of H e r Majesty, and the par t ies who are by section forty-six of the Public Works Act, 1900, empowered to sell and convey or release lands which may be acquired under that Act are , if so seised, possessed, or entitled as afore­ said, hereby empowered to contract to give and convey or release, and to give and convey or release land so required for the ca r ry ing out of the said work for and on behalf of the same persons respectively for and on behalf of whom they are empowered to sell and convey or release

lands under tha t section.

3. The plan of the said work is the plan marked " Culcairn to Germanton Rai lway " signed by the Secre tary for Public Works and countersigned by the Engineer-in-Chief for Rai lway Construction, and deposited in the public office of the said Secre tary .

4. The cost of ca r ry ing out the said work, est imated at fifty- three thousand nine hundred and fifty-seven pounds, may be defrayed from such Loan Votes as a re now or may hereaf ter be applicable to t ha t purpose , and shall not under any circumstances exceed the est imated cost by more than ten per centum.

5. Notwi ths tanding the provisions of section eighty-four of the
Public W o r k s Act, 1900, the Construct ing Author i ty shall not be requi red

nor compelled nor shall it be the duty of the said Author i ty to make or

ma in t a in

mainta in any fence along the said line of rai lway for the accommodation of any persons or for any purpose whatsoever ; but the said Author i ty may, in its discretion, make and maintain such fences in connection with the said line of rai lway as it may think fit.

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

S C H E D U L E .

This line begins by a junction with the Grea t Sou thern Rai lway a t three hundred and lifty-six miles eighteen chains sixty-five links from Sydney, about th i r ty- two chains south of Culcairn Sta t ion , and takes a generally easterly direct ion, passing about one mile south of Mo:ven township at three bund led and sixty-one mi l e s : thence following the general direction of t he main road to Germanton it ends beyond the cricket g round, which it adjoins on i ts south side a t Albury-s t reet , a t th ree hundred and seventy-two miles sixty-seven chains twenty- two links from Sydney ; being a total d is tance of sixteen miles forty-eight chains fifty-seven l inks ; and subject to such deviat ions and modifica­

tions as may be considered desirable by the Const ruc t ing A u t h o r i t y .