Finley to Tocumwal Railway Act 1912 (NSW)

Act No. 3 , 1912.

An Act to sanct ion t he const ruct ion of a l ine of rai lway from Fin ley to T o c u m w a l ; to author ise the const ruct ion of t he said line on public roads ; to amend the Publ ic W o r k s Act, 1900, so far as i t re lates to the mak ing and main ta in ing of fences a long the said l i ne ; to provide for t he use of t he said line by the Cons t ruc t ing Author i ty , or by persons author ised by h im ; and for o ther purposes consequent thereon or incidental there to . [28th March, 1912.]

declare that it was expedient to carry out a certain work, namely,

WH E R E A S , in accordance with the provisions of the Public Works Act, 1900, the Legislative Assembly did, by resolution,

the construction of a line of railway from Finley to Tocumwal: And whereas, on the passing of the said resolution, a statutory duty was by the said Act imposed 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 King'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. This Act may be cited as the "F in ley to Tocumwal

Construction, and deposited in the public office of the said Minister.

Railway Act, 1912."

2. The carrying out the said work (more particularly described in the Schedule to this Act) is hereby sanctioned; and the Minister for Public Works, or the member of the Executive Council for the time being performing the duties of the said Minister, 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, 1900.

3 . The plan of the said work is the plan marked " Finley to
Tocumwal Railway," signed by the Minister for Public Works and
countersigned by the Chief Engineer for Railway and Tramway

4. The cost of carrying out the said work (exclusive of land resumption and compensation), estimated at forty-six thousand eight hundred and sixty-eight pounds eleven shillings and fourpence, shall 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 . Notwithstanding the provisions of section eighty-four of the Public Works Act, 1900, the Constructing Authority shall not be required or compelled, nor shall it be the duty of the said Authority, to make or maintain any fence along the said line of railway for the accommodation of any person, or for any purpose whatsoever; but the said Authority may, in his discretion, make and maintain such fence in connection with the said line of railway as he may think fit.

7. The Constructing Authority, and any persons authorised by him, may use the said line or any part thereof before it is transferred to fhe Chief Commissioner for Railways and Tramways, and for that purpose may run thereon any carriages or waggons propelled or driven by motive power.

S C H E D U L E .

T h i s railway commences a t the end of the exist ing line a t Finley, a t four hundred and forty seven miles, sixty-nine chains, fifty-three links from Sydney ,and proceeds southerly through the temporary common, and across t ravel l ing stock reserve 14,491, runn ing parallel with its most eastern boundary ; after curving about for approximate ly six miles, the line regains a souther ly direct ion, and runs th rough travell ing stock and camping reserve 25,666, and through reserve 88,785, near ly parallel wi th their eastern boundaries, and reaches the rai lway s ta t ion yard a t Tocumwal , where the line runs parallel with the

ra i lway from S t ra thmer ton (Victoria) , and te rminates a t the no r the rn side of the main

being a total dis tance of eleven miles th i r ty- three chains forty-seven l inks ; and subject	road to Deniliquiu, a t four hundred and fifty-nine miles twenty- three chains from Sydney ;
to such deviations and modifications as may be considered desirable by the Const ruc t ing Author i ty .

Act