Illawarra Harbour and Land Corporation Act Further Amendment Act of 1899 (NSW)

An A c t t o a m e n d a n d e x t e n d t h e I l l a w a r r a

H a r b o u r	a n d	Land	C o r p o r a t i o n	A c t	of	1890,
a n d	t h e	I l l a w a r r a	H a r b o u r	a n d	L a n d	Corpo ­
r a t i o n	A c t	A m e n d m e n t	A c t	of	1895.	[ 2 0 $

whar fage

November, 1899.]

W H E R E A S the I l l awarra H a r b o u r and L a n d Corporat ion (L imi ted)

V V (being a joint stock company duly incorpora ted and regis tered

unde r the Companies A c t s of 1874 and 1888, and hereinaf ter called t h e corporat ion) , obtained on December twen t i e th , one thousand e ight h u n d r e d and n ine ty , legislat ive au thor i ty to form and ma in t a in an en t r ance and passage be tween t h e South Pacific Ocean and t h e waters of L a k e I l l awar ra , in the coun ty of Camden : A n d to const ruct ,

use, ma in ta in , and in cer ta in respects control and regu la te a ha rbou r

wi th in t he wa te r s of the said lake and of W i n d a n g P a y , in t he said

coun ty of Camden :  A n d to make , establish, main ta in , and control

wharfage and sh ipp ing accommodat ion in connect ion the rewi th , and to cons t ruc t , work, use, and main ta in line or l ines of ra i lway to connect wi th t he said ha rbour all or any coal-bearing lands s i tua te be tween t h e South Coast Colliery on the nor th and the Macqua r i e R iver on t he south : And to reclaim, purchase, take, occupy, and otherwise acqui re land in cer ta in cases, and on cer tain t e rms as to acquisi t ion, compensa­ t ion, paymen t , ren t , inves t i ture , and otherwise : A n d to levy, receive, and recover rates , tolls, and dues for the use of t he said en t rance , ha rbour , and accommodat ion, and for towage, and fares, freights, and o ther charges for the use of the said railways, and to confer and impose upon the said corporat ion certain powers, r ights , duties, and liabilities : And to extend the r ights of owners of the foreshores of the said lake : And for other purposes : And whereas the Act au thor i s ing such work- was by an Ac t amended on December twelf th, one thousand eight hund red and n ine ty- f ive : And whereas in connect ion wi th the

r igh ts , powers, and privileges granted i m p o r t a n t industr ies have been

established : A n d whereas the corporat ion have expended large sums, to ta l l ing forty-four thousand pounds , unde r the provisions granted : A n d whereas unde r t ak ings which have arisen out of t he operations of t he corporat ion have necessitated the const ruct ion of a b ranch line of ra i lway not specifically included wi th in t he Pr inc ipa l Act : A n d whereas the const ruct ion of such b ranch line over a parish road received the full au thor i ty of the Centra l I l l awar ra Munic ipa l Council , and it is advisable t ha t such branch line and sanction should receive legislat ive approva l : And whereas it is advisable t ha t provision should be made for adding fur ther b ranch lines wi th in t he lands owned by the corporation : A n d whereas t he r igh ts of t rans i t -charges and other

ma t t e r s should be more clearly defined by enac tmen t : A n d whereas

under t he provisions of t he I l l awar ra H a r b o u r and L a n d Corpora-

lion Ac t A m e n d m e n t A c t of 1895 the corporat ion have lodged with

t h e Colonial Treasurer the sum of ten thousand pounds : And whereas the corporation requires still fur ther t ime to carry out t he remainder of its objects : Be it therefore enacted by the Queen ' s Most Exce l l en t

and Legislative Assembly of New South Wales in Par l i ament assembled,	Majesty , by and with the advice and consent of t h e Legis la t ive Counci l
and by t h e au thor i ty of the same, as follows :—

1.    I t shall be lawful for the corporat ion to con t inue the r u n n i n g

upon and ma in t enance of traffic upon its b ranch line already con­ s t ruc ted and leading from its ma in t runk line t h r o u g h the Lake lands

Es ta te , the proper ty of t he corporat ion, and across Kanahooka-road , in

t he Borough of Cent ra l I l l awar ra . A n d the action of the munic ipa l council in sanct ioning the construct ion of such l ine over Kanahooka- road be, and is hereby, confirmed.

2 .     It shall be lawful for the corporat ion to cons t ruc t , main ta in ,

and use any fur ther b r a n c h l ines upon lands a t a n y t ime owned by t h e

corporation,

corporat ion, and to provide for a cont inua t ion of such r igh t s of con­ s t ruc t ion , ma in t enance , and user upon any lands so owned when subdivided, and over, a long, and across any road, street , lane, and reserve in any and every such subdivision, subject to t he t e rms and conditions as to f re ight-charges imposed in the Pr inc ipa l Ac t and in th is A c t : Provided always t ha t in any and all cases where any such extension or b r a n c h l ine shall cross any road, street , or lane, t h e a u t h o r i t y of the Munic ipa l Council of Centra l I l lawarra , or any borough hereaf ter embrac ing the same or separa t ing itself theref rom hav ing any au tho r i t y over such road, street , or lane, shall first be bad a n d obtained : Provided also t h a t no extension of any b ranch l ine, except ing wi th in t he lands owned by the corporat ion a t the commence­ m e n t of th is Act , shall be proceeded with un t i l after t he approva l of t h e Governor shall have been obtained.

8 . I t shall be lawful, no tw i th s t and ing t h e regula t ion of tolls

and charges prescribed in section th i r ty - two of t he Pr inc ipa l Act , to fix a m i n i m u m charge of sixpence per ton as a f re ight -charge upon all goods conveyed in owners ' t rucks , d rawn by owners ' locomotive, s team or o ther power, or n inepence w h e n d rawn by the corporation, us ing its own locomotive, s team or other power, and for t he corporat ion to fix the intervals and sites of s topping places upon all lines constructed :

Provided tha t , wi th t h e exception of establ ishing such m i n i m u m

charge , the general t enor and m e a n i n g of section th i r ty - two of t h e Pr inc ipa l A c t shall r emain in full force and effect, and no ag reemen t entered in to by the corporat ion prior to t he pass ing hereof shall be affected hereby.

4 . The condit ions imposed unde r section one of the Pr inc ipa l

A c t shall be completed in accordance wi th the provisions specified there in wi th in the t e r m of two years from the twent ie th day of December , one thousand eight hund red and ninety-e ight , subject , however , to t he Governor hav ing the r ight by proclamation at any t ime before t he twen t i e th day of December , one thousand n ine hundred , to direct tha t in t he publ ic in teres t t he en t rance and channel described	in section one of the Pr inc ipa l Act shall he formed to a depth of
twen ty feet at low tide in l ieu of the channe l described in such section
one. A n d the corporation shall , w i th in four years from the da te of such proc lamat ion , form the said en t rance and channe l to the said
depth of t w e n t y f ee t :
Provided always tha t t he s u m of t en thousand pounds deposited by the corporat ion wi th t he Colonial Treasurer on t he twent ie th day of December , one thousand e ight h u n d r e d and ninety-seven, shall be re ta ined by h i m as a securi ty for t he due complet ion of the work as in t he Pr inc ipa l A c t as amended or in t h e said proc lamat ion appointed,
n o t w i t h s t a n d i n g a n y t h i n g in t he proviso to section one of t he I l lawarra

proviso is hereby extended in conformity wi th this Act . Such deposit shal l not be l iable to forfeiture un t i l the t i m e here in or by t he said proc lamat ion appointed for t he complet ion of t he work. A n d should the ent rance and channe l be not formed as aforesaid, all ha rbour r igh ts and privileges acquired by the said corporat ion unde r the Pr inc ipa l Act , the A m e n d i n g Act , and by this Act , may be declared nu l l and void. A n d all rec la imed land shall rever t to t he Crown. A n d the said deposit of t en thousand pounds shal l be liable to forfeiture : Provided t h a t section one of t he Pr inc ipa l Ac t shal l be read and const rued as if t he t e rm ment ioned in such section h a d been ten years from the commencement of t he said Pr inc ipa l Ac t instead of seven years as

there in	ment ioned .
5 . This A c t may for all purposes be cited as the " I l l awar ra

H a r b o u r and L a n d Corporat ion A c t F u r t h e r A m e n d m e n t A c t of 1899 ," and shall be deemed to be incorporated wi th and const rued as p a r t

of the said I l l awarra H a r b o u r and L a n d Corporat ion A c t of 1890,

wh ich A c t is hereinbefore called the Pr inc ipa l Act , and of the said