Illawarra Harbour and Land Corporation Act Amendment Act of 1895 (NSW)

WHEREAS by section one of the Illawarra Harbour and Land Corporation Act of 1890, hereinafter called the Principal Act,	it was provided that the said harbour and entrance thereto and
channel should be commenced within two years, and be made and completed in accordance with the provisions of the said Act, and opened

Aii Act to amend sections one and thirty of the Illawarra Harbour and Land Corpora- tion Act of 1890, and to extend the time for the completion of the works mentioned in sections one and thirty of such Act, and to provide for public roads to be opened across the railway of the Corporation. [12th December, 1895.]

opened throughout for the admission of vessels of the draught specified in the said Act within the term of seven years from the passing of the said Ac t : And whereas by section thirty of the Principal Act it was provided that one of the railways mentioned in the said section thirty should be constructed and brought into use within the term of live years from the passing of the said Act : And whereas the said Principal Act was assented to on the twentieth day of December, one thousand eight hundred and ninety: And whereas it is desirable to extend the time within which the said harbour and entrance thereto and channel should be completed in accordance with the provisions of the Principal Act, and opened throughout for the admission of vessels of a draught specified, for the term of one year from the twentieth day of December, one thousand eight hundred and ninety-seven, and to extend the time within which one of the railways mentioned in the said Principal Act should be constructed and brought into use for the term of one year from the twentieth day of December, one thousand eight hundred and ninety-five : 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. That the said harbour and entrance thereto and channel or canal shall be made and completed in accordance with the provisions of the Principal Act, and opened throughout for the admission of vessels of the draught specified in the Principal Act, within the term of one year from the twentieth day of December, one thousand eight hundred and ninety-seven, failing which all rights and privileges acquired under the Principal Act shall be null and void, and all reclaimed land shall revert to the Crown; and section one of the Principal Act shall be read and construed as if the term mentioned in such section had been eight years from the passing of the said Principal Act instead of seven years as therein mentioned : Provided that the sum of ten thousand pounds be deposited by the Corporation with the Colonial Treasurer, on or before the twentieth day of December, one thousand eight hundred and ninety-seven, which sum shall be forfeited unless the works be carried out within the extended time specified.

2. That one of the railways mentioned in section thirty of the Principal Act shall be constructed and brought into use within the term of one year from the twentieth day of December, one thousand eight hundred and ninety-five; and section thirty of the Principal Act shall be read and construed as if the time mentioned in such

section had been six years from the passing of the said Principal Act instead of five years as therein mentioned.

3. It shall be lawful for the Governor by proclamation in the

Gazette to dedicate any public road or highway crossing the railway line of the Corporation, and thereupon the said road or highway shall be open to public traffic across the said line.

If the road or highway crosses the line on a level the provisions of section forty-one of the Principal Act shall, on the expiration of six weeks from the publication of the proclamation, have effect with respect to the said road or highway.

If the road or highway does not cross the line on a level, and the Secretary for Lands is of opinion that, for the purposes of traffic along the road or highway, it is necessary that the line of railway should be carried by a bridge over the road or highway, or that the road or highway should be carried by a bridge over the said line, and the said Secretary, in either of the cases, by writing under his band notifies to the Corporation that be requires a bridge to be erected as aforesaid, then the Corporation shall, within six months after the notification has been given by the said Secretary, erect the bridge,

subject

subject to, and in accordance with, such of the provisions of sections forty-three, forty-four, forty-five, and forty-six of the Principal Act, as arc in the circumstances applicable.

If the Corporation do not, within the period limited as aforesaid, erect any bridge, as required by the Secretary for Lands, it shall be lawful for the said Secretary, on behalf of Her Majesty, to erect the bridge and recover the cost of the same from the Corporation.

For the purpose of erecting any bridge as aforesaid, the said Secretary may, by his officers and servants, enter upon any land of the Corporation, and may stop or divert any traffic along the line of railway of the Corporation, and shall not be liable for any loss or damage thereby caused to the Corporation or to any person whomsoever.

4s. This Act may, for all purposes, be cited as the " Illawarra i

I [arbour and Land Corporation Act Amendment Act of 1895," and shall

be deemed to be incorporated with, and construed as part of, the said Illawarra Harbour and Land Corporation Act of 1890, and which Act is hereinbefore called the Principal Act.