Illawarra Harbour and Land Corporation Act of 1890 (NSW)

An Act to empower the Illia warm Harbour and Laud Corporation (Limited) to form and maintain an entrance and passage between the South Pacific Ocean and the waters of Lake Illawarra, in the county of Camden ; and to construct, use, maintain, and in certain respects control and regu­ late a harbour within the waters of the said lake and of Windang Bay, in the said county of Camden ; and to make, establish, maintain, and control wharfage and ship­ ping accommodation in connection there­ wi th; and to construct, work, use, and maintain a line or lines of railway to con­ nect with the said harbour all or any coal-bearing lands situate between the South Coast Colliery on the north and the Macquarie River on the south; and to reclaim, purchase, take, occupy, and other­ wise acquire land in certain cases, and on certain terms as to acquisition, compensa­ tion, payment, rent, investiture, and other­ wise; and to levy, receive, and recover rates, tolls, and dues for the use of the said entrance, harbour, and accommoda­ tion, and for towage, and fares, freights, and other charges for the use of the said rai lways; and to confer and impose upon the said Corporation certain powers, rights, duties, and liabilities; and to extend the rights of owners of the fore­ shores of the said lake; and for other purposes. [20thDecember, 1890.]

Company) is possessed of about two thousand n ine hund red and t w e n t y acres of f r eeho ld land on the shores of L a k e I l l awar ra , and also of o ther freehold land and cer ta in coal-bearing land adjacent there to , a n d o n which seams of coal have been opened out and proved : A n d whereas there are also numerous other large coal propert ies adjacent t o t he said lake : A n d w h e r e a s the Company desires to obta in Legislat ive

WH E R E A S under t h e Companies Acts of 1874—1888, and hereinafter called t he (being a jo in t stock company duly incorporated and registered

the I l i awarra H a r b o u r a n d L a n d Corporat ion (Limited)

Legis la t ive au thor i ty to fo rm and ma in t a in an en t rance and passage be tween t h e South Pacific Ocean and t h e waters of L a k e I l lawarra , in t h e county of Camden ; and to construct , use, main ta in , and in cer tain respects control and regula te a ha rbou r wi th in t h e waters of t h e said

l ake and of W i n d a n g Bay, in t h e said coun ty of C a m d e n ; a n d to

m a k e , establish, main ta in , and control wharfage and sh ipp ing accom­

modat ion in connect ion t h e r e w i t h ; and to construct , work, use, and

ma in t a in a l ine or lines of ra i lway to connect w i th t he said ha rbour all or any coal-bearing lands s i tua te be tween the South Coast Colliery on t h e n o r t h and the Macquar i e R iver on t h e s o u t h ; and to reclaim, purchase , t ake , occupy, and otherwise acqui re l and in ce r ta in cases, and on cer ta in t e r m s as to acquisi t ion, compensat ion, p a y m e n t , r en t , inves t i ture and o the rwise ; and to levy, receive, a n d recover ra tes , tolls, and dues for t he use of t he said ent rance , harbour , and accommodat ion, and for towage, and fares, freights, a n d other charges for t h e use of t h e said r a i lways ; and to confer and impose u p o n t h e said Corporat ion cer ta in powers, r igh t s , dut ies , and l iabi l i t ies ; a n d to ex tend the r igh ts of owners of t he foreshores of t h e said l a k e ; and for other purposes . A n d whereas t h e said ha rbour and ra i lways are l ikely to prove bene­ ficial to t he Colony and to the publ ic in assis t ing the opening out and sh ipmen t of a very large quan t i t y of coal f rom the said propert ies , and also in developing the whole na tu r a l resources of t h e I l l awar ra D i s t r i c t ; and i t is therefore desirable to au thor ize by Legis la t ive enac tmen t t h e const ruct ion of t he said ha rbour and rai lways wi th other works and appl iances in connect ion therewi th , subject to t he provisions herein­ after con ta ined : Be i t therefore enacted b y t h e Queen ' s Mos t Exce l l en t Majesty , by and wi th t h e advice and consent of the Legisla­ t ive Counci l and Legis la t ive Assembly of N e w South W a l e s in Parl ia­ m e n t assembled, and by the au thor i ty of t h e same, as follows :—

1. I t shall be lawful for t he Company to m a k e , open, construct , and ma in t a in a por t and ha rbour in L a k e I l l awa r r a aforesaid, by re­

opening and keep ing open the en t rance there to to t h e n o r t h and no r th ­

wes t of W i n d a n g I s land , b u t so t h a t t h e said en t rance be made and

k e p t of a t least sufficient wid th and dep th for t he safe navigat ion and passage from and to the Sou th Pacific Ocean of vessels of a d r a u g h t of fifteen feet of wa te r to and from t h e said lake, and to m a k e and car ry from t h e said en t rance to a point on t h e Company ' s said freehold land called Ta l lawarra Point , a channe l or canal of sufficient width and dep th for t h e safe nav iga t ion a n d passage of such vessels as aforesaid, and a t and a round the said point or elsewhere f ront ing any par t of t h e

said freehold land, or any land which may become t h e proper ty of
t h e Company , to provide safe and sufficient accommodat ion and dep th

of water for such vessels as aforesaid and o ther vessels to r ide at

anchor either before, while, or after loading or discharging cargo.

P rov ided t h a t t he said ha rbour a n d ent rance the re to and channel

shal l be commenced wi th in two years and be m a d e and completed i n accordance w i t h t he provisions of th is Act , a n d opened t h r o u g h o u t for t h e admission of vessels of t he d r a u g h t specified wi th in t he t e r m of seven years from the passing of this Act , failing which all r igh ts a n d privi leges acquired u n d e r th is A c t shall be n u l l and void, and all reclaimed lands shall rever t to t he Crown, excep t ing reclaimed lands f ront ing propert ies now in possession of t h e Company .

2. I t shall be lawful for t he Company , on a n d from t h e said freehold land or any land which m a y become the proper ty of t h e Company by rec lamat ion or otherwise, to erect, construct , r u n out, ex tend , and ma in t a in wharves in such positions and of such l eng ths a n d dimensions as t h e Company m a y from time; to t i m e deem suitable for the accommodation and be r thage of sh ipping and the loading and d i scharg ing of al l k inds of cargo and ballast , and for these purposes

to

to use and occupy such par t s of t h e said lake and of t h e l and unde r t he waters of t he said lake as are adjacent to any such land as aforesaid. P rov ided t h a t all such erections, construct ions, and extensions shal l in al l cases he subject to t he provisions of t h e Crown Lands Acts of 1884

a n d 1889.

3. I t shall be lawful for t h e Company, for any of t h e purposes aforesaid, to const ruct , make , and do all or any of t h e works and th ings in Schedule A here to ment ioned , b u t subject nevertheless to t h e provisions conta ined in section twenty-s ix of th i s Ac t .

4 . I t shall be lawful for t he Company, by deposit of dredgings or o therwise , to reclaim land on t h e foreshores of the i r said freehold lands, or of t he north-west, corner of Windang I s land , where t h e works hereby au thor ized join such island, or on ei ther side of t h e ha rbour en t rance works or of the en t r ance channe l be tween t h e said en t rance works and t h e lake, subject to t he provisions of the " Crown Lands A c t of 1884 , " apply ing to r ec l ama t ions ; and any l and so reclaimed shall become t h e

proper ty of t h e Company on the i r p a y i n g to t he Colonial	Treasurer
t h e va lue of t he land so reclaimed, calculated on the basis of	t h e
present n e t m a r k e t	va lue of t h e lands immedia te ly adjoining t h e same,
af ter t h e deduct ion of t he cost of reclamat ion, and t h e va lue of	any

l and so recla imed shal l be ascer tained in t he m a n n e r now author ized by law as be tween the Crown and any person by its permission

rec la iming lands for purchase .

Provided t h a t t he Gove rnmen t shal l have r ights-of-way over

such reclaimed land be tween a n y Governmen t reserve and the Com­

p a n y ' s channe l a t sui table in tervals .

Provided t h a t if any such rec lamat ion shal l interfere w i t h t he

foreshore r igh t s of any pr ivate owner, compensat ion shall be paid for such in te r ference by the Company to t he said owner, a t such price as m a y be m u t u a l l y agreed on, or, failing such agreement , a t such price

as m a y be fixed by a rb i t r a t ion in t h e m a n n e r hereinaf ter set out .

Provided also t h a t t he land so reclaimed on ei ther side of t h e
said ha rbour ent rance , or of t h e said en t rance channel , shal l no t exceed

a n average wid th of two hundred feet on ci ther side of t h e en t rance

works a n d channel .

Provided fur ther t h a t no such rec lamat ion shall be made which in ten t ion to reclaim such land shall be publ ished in t h e Gazette	m a y	i n t e r r u p t	or	interfere	w i th	n a v i g a t i o n ;	and	t h a t	not ice	of	t h e
a n d

some local newspaper for six consecutive weeks before such rec lama­

t ion shall be commenced.
5. I t shal l bo lawful for t he Company to occupy and use for t h e purpose of any work author ized by th is Act , any of t he Crown Lands , no t exceeding fifty acres , nor requi red for publ ic purposes, and no t inc lud ing Windang, Gooseberry, Hooka , and Bevan Is lands , adjacent to t h e site of t he works set out in Schedule A here to , and convenien t for t he due ca r ry ing out, const ruct ion, and ma in tenance of t h e works set ou t in t he said Schedule, and the Company shall pay such r e n t for t h e use of t he same to the Colonial Treasurer as may be agreed on be tween the Company and the Secretary for L a n d s ; and t h e Company shall give to t he Secretary for Lands at least fourteen days ' notice in wr i t ing under the seal of t he Company of t h e i r in ten t ion to occupy any p a r t of t h e said land, and if wi th in s ixty days from the date of such notice t h e Company and the Secretary for L a n d s shall no t agree as to t he a m o u n t of ren t to be paid by the C o m p a n y for t he same, such a m o u n t shall be settled by arb i t ra t ion in

l ike m a n n e r as is hereinafter provided wi th respect to compensat ion

for lands t aken by t h e Company unde r th is A c t ; and upon p a y m e n t

to

to t h e Colonial Treasurer of t h e costs (if any he due) , t he Secretary for Lands shall for thwi th cause a lease to he issued to t he Company of t he l and so t a k e n by t h e Company for a t e rm of seven years from

t h e expira t ion of t h e notice of in ten t ion to t ake the same a t t h e

r e n t so sett led, payable annua l ly .

6. The Company shal l have control wi th in t he boundar ies of

t h e said h a r b o u r over t h e several m a t t e r s and th ings in Schedule A

here to specified, b u t subject never theless to t he provisions conta ined in section twenty-s ix of th is A c t ; and m a y appoint a person, to be approved of by t he Governor, wh ich person shall from and after such appo in tmen t have wi th in t h e said ha rbour all t he powers, au thor i ty , and dut ies of a harbour-mas ter wi th in the m e a n i n g of t h e Naviga t ion Acts 1871 -1881 a n d any Acts amend ing the same, and t h e Company m a y in all respects exercise and m a y appoin t such persons as t hey m a y t h i n k fit to exercise full control and au thor i ty over t h e

m a t t e r s and th ings in Schedule A here to specified.

Provided t h a t if no person be appointed as aforesaid b y t h e Company to have t he powers , au thor i ty , and dut ies of a ha rbour ­ master , i t shall be lawful for t he Colonial Treasurer to give not ice in wr i t i ng to t h e Company cal l ing u p o n the Company to appoin t such person, and if t he Company fail to appo in t such person wi th in one m o n t h after receiving such notice, t h e n t h e Governor m a y appoint a ha rbour -mas te r for t h e said harbour , and such appo in tmen t shall be publ ished in t he Gazette, and such harbour-mas te r shall t he reupon be deemed to be in al l respects a ha rbour -mas te r wi th in the mean ing of t he Naviga t ion Acts , 1871 -1881 , and any Acts amend ing the same, a n d shall be paid by t h e Company such salary as t he Governor may direct .

7. I t shall be lawful for t he Company a t any t ime after t h e passing of th is Ac t and before t he works author ized by this A c t shall have been completed, and no twi th s t and ing t h a t t he said en t rance and channel , or e i ther of t h e m shall not a t t he t ime be of the width or dep th specified by this Act , to open the said h a r b o u r or pa r t thereof for t h e admission of vessels, and to pe rmi t vessels to enter , go out from, and use t h e said harbour , and use any wharves or other conveniences wi th in or adjacent to t he same.

Provided t h a t such use of t h e said harbour , wharves, or con­ veniences as aforesaid by vessels shall n o t be allowed to delay or interfere w i th t h e complet ion of the said harbour in accordance wi th t h e provisions of th is A c t and the final opening of t he same.

8. Af ter t he said harbour has been completed and opened for the admission of vessels, t h e said ha rbour and any wharf be longing to t he Company shall (subject, never theless , to t he directions and control of t h e ha rbour -mas te r ) be a t all t imes open to t he publ ic upon p a y m e n t of t h e ra tes by th is A c t author ized to be levied.

9. I t shall be lawful for t h e Company to levy, collect, and recover tonnage rates not be ing differential and not exceeding one shi l l ing per ton, on vessels en t e r ing a n d us ing t h e said harbour , on each and every occasion.

Provided t h a t i t shall be lawful for t he Company in t h e event of any vessel r emain ing in t h e ha rbour for a longer period t h a n t w o ca lendar m o n t h s to levy, collect, and recover a r a t e not exceeding one p e n n y per ton per week for each and every week or por t ion thereof dur ing which the said vessel shal l so r emain after the expi ra t ion of

such two ca lendar m o n t h s .

Provided always t ha t no t onnage r a t e shal l be levied on

vessels us ing the port as a ha rbour of refuge, or on boats solely employed in the fishing t rade or for pleasure, or on boats p ly ing on

t h e

t he harbour , wh ich said boats shal l have t h e free use of t h e harbour , provided t h a t they in no way interfere wi th t h e navigat ion thereof, and subject always to t he control of the harbour-mas te r and of such regula t ions as may from t i m e to t ime be m a d e for t h e due m a n a g e m e n t

of t h e said ha rbour in m a n n e r hereinaf ter provided.

10. I t shall be lawful for t he Company to levy, collect, and recover tonnage rates , no t exceeding one penny per ton per day, on vessels occupying a b e r t h at any wharf be longing to t h e Company wi th in t he said harbour , and on vessels fully laden discharging their inward cargo a t any such whar f ; b u t such last ment ioned rates shal l no t be leviable un t i l after t h e expira t ion of t he " free lay d a y s " in Schedule B hereto specified.

Provided t h a t in t he case of any vessel pa r t ly laden, or which shall have discharged only a por t ion of he r inward cargo a t any such wharf, such vessel shall be ent i t led to c la im " f r e e lay d a y s " according to t he quan t i t y of cargo discharged, which shall be con­ sidered to be t h e proport ion which the a m o u n t of such cargo bears to

t h e tonnage of t h e vessel w h e n fully laden.

1 1 . I t shall be lawful for t he Company to levy, collect, and

recover f re ightage rates on all goods, merchandize , and packages shipped or unsh ipped from any vessel wi th in t he waters of L a k e I l l awar ra or from any vessel us ing the said harbour , such respective ra tes no t exceeding the rates in Schedule C here to specified, in respect of t he several art icles the re in ment ioned, and in respect of all o ther ar t icles such rates as m a y be approved by the Governor and Execu t ive Council .

Provided t h a t all goods arr iving from any pa r t of Aust ra las ia

or a n y of t he Pacific Is lands landed on any wharf be longing to t he Company, and entered a t the Cus tom H o u s e for t r ansh ipment , shall be exempt from any freightage ra tes chargeable unde r th is Ac t .

12. W h e n e v e r any vessel enters t h e ha rbour in distress, and for t h e purpose of repa i r ing t he said vessel, if any goods are u n ­ shipped therefrom, a n d the rates upon t h e u n s h i p m e n t of such goods are duly paid, t h e n if such goods are af terwards reshipped in t h e said ha rbour , w i thou t any change in t h e ownership thereof having t aken place, no fur ther ra tes shall be leviable u p o n the said goods in respect of such resh ipment .
13 . The Company shall provide a n d ma in t a in a sufficient n u m b e r of t u g boats and o ther appliances for towing vessels in to a n d out of t h e said harbour , and from any one pa r t of t h e said harbour to a n y o the r pa r t thereof, a n d sufficient towage power for the same.

A n d it shall be lawful for t he Company to levy, collect, and

recover ra tes for vessels towed by t h e said boats or other app l i ances ;
such ra tes not exceeding the rates in Schedule D hereto specified.

Provided t h a t if t he Company shal l fail to supply such t u g boats or o ther appliances or towage power as aforesaid, i t shal l be lawful for the Colonial Treasurer to provide or to issue a license au thor i z ing other persons, on such t e rms as to t he Colonial Treasurer shal l seem fit, to provide t u g boats and o ther appl iances for towing vessels and towage power for t h e same ; and i t shal l be lawful for t he Colonial Treasurer to levy, collect, and recover, or to issue a license au thor iz ing such o ther persons as aforesaid to levy, collect, and recover such rates as m a y be specified in a not ice in t ha t behalf to be

published in a Gazette, no t exceeding the rates in t h e said Schedule

here to specified. A n d all ra tes collected or recovered by or on account of t he Colonial Treasurer shall be paid to him, and shall be by h i m carried to the credit of t h e Consolidated Revenue Fund.

14. I n all cases where au thor i ty is given by th is A c t to t h e
Company to levy, collect, and recover ra tes , not, exceeding t h e rates

in a Schedule hereto specified, i t shal l be lawful for t h e Company

from

f rom t ime to t ime to va ry such rates by reduc ing or raising t he same
so t h a t t hey do not exceed the rates in such Schedule specified.

Provided t h a t fourteen days notice of such var ia t ion shall be publ ished in t h e Gazette before such var ia t ion shall come into force ; and in the event of a r a t e not be ing specified in such Schedule in respect of any k ind of vessel or goods, i t shall be lawful for t h e Company, subject to the approval of t he Governor, to fix a ra te in respect of such vessel or goods respec t ive ly ; and fourteen days notice t h a t such ra te has been so approved and will be enforced m a y be publ i shed in t he

Gazette, and from and after t h e expi ra t ion of the fourteen days i t sha l l

be lawful for t he Company to levy, collect, and recover t he said r a t e

so approved as aforesaid.

15. I n es t imat ing any tonnage of any vessel for t he purposes

of th i s A c t t h e same shall be de te rmined in pu r suance of t he provi­

sions of t h e I m p e r i a l " M e r c h a n t Shipping Act , 1 8 5 1 . " A n d in t he case of steam-vessels t h e ne t t onnage measu remen t shall be deemed to be t he t onnage of such vessels for t he purpose of ascer ta in ing the tonnage ra tes leviable unde r th i s Act .

1G. N o rates shall be due or payable by way of wharfage or

t onnage rates unde r or by v i r tue of t h e " W h a r f a g e and Tonnage

P a t e s A c t of 1880 , " or any Ac t s a m e n d i n g t h e same in respect of goods, merchandise , packages, or art icles unsh ipped or shipped wi th in t h e said ha rbour , or received a t or t a k e n from any whar f wi thin , upon, or adjacent to t h e said harbour , nor in respect of vessels en t e r ing and us ing the said harbour , a n y t h i n g in t h e said Ac t s to the contrary not-

wi ths tanding , b u t only such rates in respect of t h e same respectively

shall be payable as are made payable by th is A c t to the Company .

Provided t h a t no th ing here in conta ined shall e x e m p t any vessel

from t h e paymen t to any Collector of Cus toms of t he half-yearly har ­ bour and l igh t ra te payable in pursuance of t he provisions of t h e Naviga t ion Ac t s 1S71-1881 and any A c t amend ing t h e same.

Provided also t h a t n o t h i n g here in contained shal l app ly to

a n y cus toms duties, or shall be deemed to affect t he provisions of any Customs Dut ies A c t or any Customs Regu la t ion Ac t for t he t i m e be ing in force.

17. N o t h i n g in this Act shall ex tend to charge wi th ra tes or dut ies , or to regulate , or subject to any control , any vessel be longing to or employed in t he service of H e r Majes ty , her heirs and successors, or a n y m e m b e r of t he royal family, or in the service of t h e cus toms or excise, or of the Gove rnmen t of N e w South W a l e s us ing t h e ha rbour , or any wharf, and not conveying goods for h i re or profit, or	any post-office bag of le t ters conveyed by a n y vessel whatsoever, or a n y
of t he officers or persons employed in t h e service of t h e admira l ty ,
ordnance, cus toms, excise, or post-office, or their baggage , or a n y vessel or goods be ing under seizure b y the officers of revenue , or a n y naval , v ic tua l l ing , or ordnance stores or o ther stores or goods for t he service of or be ing the p roper ty of H e r Majes ty , or any t roops landed, delivered, or d i sembarked wi th in t he said ha rbour , or the i r baggage ; b u t al l such vessels, officers, or persons or th ings as aforesaid shall have t h e free use of t h e said harbour , and of all wharves , w i thou t any charge or ra te be ing made for us ing the same.
Provided always t h a t if any person claim and t ake the benefit of any such exempt ion as aforesaid wi thou t being ent i t led the re to , he shall, for every such offence, be l iable to a pena l ty no t exceeding
t en pounds .
18 . I f any vessel for which t h e ra tes have been paid be obliged from stress of wea the r or o ther sufficient cause, after leaving t h e said ha rbour , or any wharf, to r e t u r n wi th the same cargo, t h e ra tes so paid shall no t aga in be payable in respect of such vessel.

1 9 . I t shall be lawful for t h e Company to nomina te and appoint

by a wr i t t en in s t rumen t bear ing the seal of t h e Company such persons as t h e y m a y t h i n k fit to act as collectors, and to demand , levy, collect, receive, and recover any rates which the Company is au thor ized to levy, collect, receive, or recover. A n d any such persons so appointed shall have and may exercise such lawful power and means for the recovery thereof in case of n o n - p a y m e n t or evasion as m a y be exercised unde r any law for t he t ime being in force by a person duly appointed to collect wharfage rates in respect of merchandise or packages landed a t or laden from any publ ic wharf.

2 0 . The owner of every vessel or float of t imber shall be

answerable to t h e Company for any damage done by such vessel or float of t imber , or by any person employed about t h e same, to the said ha rbour or any wharf or the works connected t h e r e w i t h ; and t h e mas te r or person h a v i n g the charge of such vessel or float of t imber , t h r o u g h whose wilful act or negl igence a n y such damage is done, shal l also be liable to m a k e good t h e same, and t h e Company m a y detain any such vessel or float of t imber un t i l sufficient securi ty has been given for t he a m o u n t of damage done by t h e same.

Provided always t h a t no th ing herein conta ined shall ex tend

to impose any liability for any such damage upon the owner of any vessel where such vessel shall a t t he t ime when such damage is caused be in charge of a du ly licensed pilot, w h o m such owner or mas te r is bound by law to employ and p u t his vessel in charge of.

2 1 . If t he a m o u n t claimed in respect of any such damage as

aforesaid do not exceed fifty pounds such damage shall be ascertained,

and the a m o u n t thereof shall be recovered before two Just ices .

2 2 . I n addition to the remedies hereby provided for the recovery

of t he a m o u n t payable in respect of any such damage as aforesaid, t h e Cour t before which t h e same is recovered m a y cause the vessel or float of t imber caus ing such damage, and any tackle and furn i ture thereof to be dis trained and kep t un t i l t h e a m o u n t of damages and costs awarded be paid, and if the same be not paid wi th in seven days after such distress or keep ing m a y cause t he proper ty so distrained or kep t , or any pa r t thereof, to be sold, and out of t he proceeds of such sale m a y pay t h e a m o u n t of damages and costs awarded, and all the charges incurred by t h e distress, keeping, and sale of such proper ty .

2 3 . The Company shall no t be liable for damage caused by any

blocking, stoppage, or obs t ruc t ion of or in t he said en t rance to t h e

h a r b o u r or the said c h a n n e l ; b u t the Company shall use all reason­ able dil igence to remove such blocking, stoppage, o r obstruct ion

wi thou t unnecessary delay.

2 4 . The Company shall not erect any l ight-house or beacon, or

exhib i t or allow to be exhibi ted any l ight , beacon, or sea-mark w i t h o u t

t he sanct ion of the Mar ine Board u n d e r the i r seal first hav ing been obtained in t h a t behal f ; and if any such l ight , beacon, or sea-mark be exhibi ted wi th such sanct ion as aforesaid, t h e same shall no t be af terwards al tered wi thou t t he l ike s anc t ion ; and every such l ight , beacon, and sea-mark shall be of such power and description, and shall be from t ime to t ime discont inued or altered as t h e Mar ine Board

shall f rom t i m e to t ime direct .

2 5 .    The said harbour shall, so far as is no t inconsis tent w i th t he

provisions of th is Act , be subject to t he provisions of any Acts for the t ime being in force wi th respect to t he ma t t e r s deal t w i th by the Naviga t ion Acts 1 8 7 1 - 1 8 8 1 , and also subject to t h e general laws for t he t ime be ing in force wi th regard to navigable w a t e r s w i th in t he Colony of NEW South Wales .

2G. N o t h i n g in this A c t conta ined shall in ter fere w i t h t he

exis t ing r ights of t he owners of t he foreshores of t h e lake, i nc lud ing

any

a n y r i g h t which any owner of any p a r t of t h e foreshores of t h e said lake m a y have to erect a wharf or wharves from his l and in to t h e waters of t h e lake and to collect and recover ra tes for t h e use thereof. A n y owner of any pa r t of t h e said foreshores who shall have erected such a wharf, as aforementioned, shall he a t l iber ty to excavate channe ls from t h e said wharf or wharves connecting w i t h t h e Company ' s channe l or otherwise.

Provided t h a t such works shal l be carried out in such a

m a n n e r as n o t to be prejudicial to any work execu ted or in course of

execu t ion by t h e Company .

27. I t shal l be lawful for t h e Governor a t any t i m e after t h e

expira t ion of twen ty years from t h e passing of th is Ac t to resume all h a r b o u r works carried out in pu r suance of th i s Act , inc lud ing any l and reclaimed by such works , except on t h e foreshores of t he p roper ty of which t h e Company now s t a n d s possessed, toge the r w i th t h e full

control of the said harbour , wharves , piers, je t t ies , or o ther ha rbour

works , subject to all l iabilit ies a t t a ch ing there to under t h e provisions

of t h e " Lands for Pub l ic Purposes Acquis i t ion A c t . "

28. I t shall be lawful for t h e Governor to appoin t a competen t

person, approved by the Company, to act as consul t ing engineer to t h e Company u n t i l t h e complet ion of all work in connect ion wi th the m a k i n g , opening, and const ruct ion of t h e said ha rbour ; and any such w o r k shall be carried ou t w i t h t h e a p p r o v a l of such engineer, whO shal l also inspect a n d pass al l works a t least once in every th ree m o n t h s and repor t upon t h e same to t h e Colonial Treasurer . Such

engineer m a y in wr i t i ng direct a n y t h i n g to be done which in his

j u d g m e n t shal l be necessary for t h e stabil i ty of such w o r k s , a n d the same w h e n so directed shal l be done by the Company to t h e reasonable satisfaction of such engineer. Provided t h a t should t h e Company fail to comply w i t h any such direction of such engineer w i t h i n a reasonable t ime in t h a t behalf, they shall be l i a b l e to pay to t he Colonial Treasurer t he sum of twen ty pounds for every day beyond such reasonable t ime in which t h e y shal l m a k e default . Provided also t h a t t he salary or fees of such engineer shall be de termined by the Governor as a t e r m

of his appo in tmen t , a n d shall be paid by t h e Company.

29. I t shall no t be lawful for t h e Company, a t a n y t i m e

before t h e expira t ion of seven years from t h e	passing of th i s Ac t , t o
assign or sell any of t he proper ty , ma t t e r s , or th ings ment ioned	i n

section t w e n t y - s e v e n hereof, or t h e benefit of any r i g h t acquired the reby or thereunder , and a n y such sale, and any ag reement o r

u n d e r t a k i n g to sell, made w i t h i n such period of seven years to t a k e

effect a t or after t he expi ra t ion thereof, shall be, and is hereby declared to b e , w h o l l y void. Provided tha t no th ing in th is section, or o t h e r -

Avise in th is A c t contained, shal l opera te to prevent t h e Company

from raising money for t h e purposes of t he said w o r k s or o ther t he purposes of t h e Company , by way of securi ty u p o n t h e aforesaid proper ty , ma t t e r s , or th ings , or other t h e proper ty of t h e Company,

w h e t h e r	such secur i ty be given by way of mor tgage , debenture , or
otherwise.

30. I t shall be l a w f u l tor t h e Company to m a k e and c o n s t r u c t

t h e r a i l w a y s specified in Schedule E here to from t h e land be longing to t he Company t h r o u g h the lands specified in Schedule E , and to m a k e

o n e of t h e said rai lways cross, a n d also b y means of sidings, or

o t h e r w i s e connect w i t h t h e I l l aAvar ra l ine of ra i lway near Dap to , and to t ake and use so m u c h of t he said l ands as t h e Company m a y requ i re for t he purpose of such rai lways in t he lines described in t h e said Schedule E , or e i ther of t hem, not exceeding in any p a r t thereof a greater space in b read th t h a n sixty-six feet, i nc lud ing t h e supports ,

a b u t m e n t s , a n d foundat ions of t h e sa id ra i lways.

Provided

Provided t h a t i t shall he lawful for t he Company in m a k i n g

the said rai lways to deviate to t h e ex ten t of no t more t h a n t en	chains
on e i ther side of t h e lines described in t he said Schedule.

Provided also t h a t one of t h e said rai lways shal l be constructed

and b r o u g h t in to use wi th in the t e r m of five years from the pass ing of

th i s Act .

3 1 . So m u c h of t he said lands as shall be t aken or used by the

Company under t h e provisions of th i s A c t for t he purpose of t he said rai lways, whe the r Crown land or land of some other owner, w i th such r igh t of ingress, egress, and regress u p o n the adjacent lands as m a y be necessary for t h e m a k i n g and repair of t he said rai lways, shall, by v i r tue of th is A c t and wi thou t t he necessity of a n y Crown gran t or conveyance, be vested in the Company.

Provided tha t , if in t he exercise of t he powers hereby granted, i t be found necessary to cross, cu t t h rough , raise, sink, shut , or use any pa r t of a n y road, whe the r carr iage road or horse road, so as to render i t impassable for, or dangerous or inconvenient to t he persons ent i t led to t h e use thereof, or to diver t t h e course or direction of any creek or water-course, t h e Company shall, before t he commencemen t of any such operat ions, cause a sufficient road, or new creek or water ­ course to be made , instead of any road, or creek, or water-course interfered wi th , and shal l a t thei r own expense ma in t a in such sub­ s t i tu ted road in a s tate as convenient as t h e road interfered wi th , or as near ly as m a y be.

A n d t h e Company, before they use t he said lands for any of the purposes aforesaid, shall, if required so to do, separate t he same by a sufficient fence from the land adjoining there to , wi th such gates as m a y be requi red for t he convenient occupat ion of such land, and shall also, to all pr ivate roads used by t h e m as aforesaid, p u t u p fences and gates in l ike m a n n e r in all cases where t h e same m a y be necessary to prevent t h e s t ray ing of cat t le from or upon the lands t raversed by such roads.

32. The rai lways shall be a t all t imes open to t h e publ ic upon p a y m e n t of a toll to t he Company not exceeding threepence per ton per mile in respect of every ton of goods for every t ransi t , the pa r ty seeking t rans i t supply ing and loading his own t rucks or waggons and the Com­ pany supply ing locomotive power (being the reun to requi red by the pa r ty seeking t rans i t twenty- four hours , a t least, previously) . A n d such supply of locomotive power shall no t bo compulsory on the Company unless t he pa r ty seeking t rans i t guaran tee and br ing two hundred tons a t t h e least du r ing the twelve work ing hours to be ment ioned in such

notice.	B u t i t shall be compulsory on t h e Company to carry any
quan t i t y no t less t h a n forty tons if the locomotive be ac tual ly a t	work,
and all t r ucks when empt ied shall be conveyed on the i r r e t u r n free	of

cost. The rai lways shall be at all t imes open to t he publ ic upon pay­ m e n t of a toll to t h e Company not exceeding twopence per t on per mile in respect of every ton of goods for every t rans i t , if t h e pa r ty seeking t rans i t supply the locomotive power as well as t rucks or waggons . P rov ided t h a t so long as t h e Company shall supply necessary locomotive power no other person shall use locomotive power on the line. P ro­ vided, also, t h a t if t he rai lways shall be damaged by part ies who shall themselves use the rai lways for t rans i t and supply locomotive power, the Company shal l be enti t led to compensat ion for such damage, to be recovered e i ther by act ion in t he Supreme Court , or, if t he a m o u n t claimed is no t more t h a n two hundred pounds, by action in the Dis t r ic t Court , or, if the a m o u n t claimed is not more t h a n twen ty pounds, summar i ly before two J u s t i c e s ; and in es t imat ing such damage the Company shall be ent i t led, not only to compensat ion for the cost of repa i r ing and restor ing the railways, b u t to t he consequent ial damage (if any) sustained by reason of the suspension of t rans i t or otherwise. After t h e rai lways shall have been opened for t rans i t the Company

h shall

shal l cont inue to provide t h e locomotive power requi red for us ing t h e same (accidents excepted) un t i l twen ty -e igh t days notice shall have been given by t hem, b y adver t i sement in t he Gazette, t h a t t hey in tend, after t he expira t ion of a day to be n a m e d in such notice, to suspend or d iscont inue work ing the ra i lways or supp ly ing the necessary locomotive power thereon, whereupon i t shall be lawful for any person ent i t led to use t h e rai lways to provide locomotive power, such person pay ing the toll hereinbefore ment ioned to be payable in such event . Provided t h a t any person in teres ted in us ing t h e rai lways, upon giving to t h e Company t h r ee calendar m o n t h s notice in wr i t ing of his in ten t ion so to do. m a y m a k e applicat ion to t h e Governor to reduce t h e tolls l imited by th is Act , and to create a new scale applic­ able to t h e traffic on t he said rai lways, such new scale be ing below t h e scale l imi ted by th is A c t ; and it shal l t he reupon be lawful for t he Governor to reduce t he tolls to such ex ten t as shall be shown to be unde r all t h e c i rcumstances reasonable. Provided t h a t t he clear divisible profits of the rai lways shall be annua l ly made good to t he Company by t h e persons us ing the said rai lways, a t t he ra te of fifteen pounds for every one hund red pounds by t h e year of the capi tal proved by the Company to have been expended by t h e m in or about t he construct ion of t h e rai lways, after debi t ing t h e rai lways wi th t h e cost of ma in ta in ing

t h e l ine in proper work ing order and credi t ing t he ra i lways wi th t h e

carr iage obtained by the Company a t t h e ra te aforesaid.

33 . I t shall be lawful for t h e owners or occupiers of t he lands

t raversed by t h e said ra i lways to lay down upon the i r own lands a n y

collateral b ranches of ra i lways to communica te w i th t he said rai lways for t h e purpose of b r ing ing carr iages, t rucks , or waggons to or from or upon t h e said ra i lways, and the Company shall , if required, a t t he expense of such owners or occupiers, m a k e openings in t h e rails and such addi t ional rai lways as m a y be necessary for effecting such communica t ion in places where t h e communica t ion can be m a d e w i t h safety to t h e publ ic and wi thou t injury to t h e said rai lways, and w i t h o u t inconvenience to t h e traffic the reupon , and the Company shall no t t ake any ra te or toll or other moneys for the pass ing of a n y passengers , goods, or o ther th ings a long a n y b r a n c h so to be m a d e by any such owner or occupier or o ther person, b u t th i s enac tment shall be subject to t he following rest r ic t ions and conditions ( tha t is to say) :—

No such rai lways shall r u n paral le l to t h e said rai lways.

The Company shal l no t be bound to m a k e any such openings in

any place which , before be ing t h e r e u n t o required, they shal l	have set apar t for any specific purpose wi th which such
communica t ion would interfere, nor upon any incl ined p lane or bridge, nor in any tunne l .

The persons m a k i n g or us ing such b ranch rai lways shal l be subject

to all by-laws and regula t ions of t he Company from t ime to t ime made wi th respect to pass ing upon or crossing t h e rail­ ways and otherwise, a n d t h e persons m a k i n g or us ing such b r a n c h rai lways shall be bound to cons t ruc t and from t ime to t i m e as need may requ i re to renew t h e off-set plates and switches according to t he most approved p lan adopted by t h e

Company unde r t h e direct ion of the i r engineer .

Provided always t h a t no th ing in th i s Ac t contained shall p reven t

t h e owner of any coal p roper ty from m a k i n g a l ine or lines of ra i lway

from such proper ty to t he present Gove rnmen t I l l awar ra l ine of rai lway.

34. I t shall be lawful for, b u t not compulsory upon the Company , from t ime to t ime, and a t any a n d al l t imes , to carry passengers and live stock upon the said rai lways, or any p a r t thereof respectively, and to m a k e , demand, take , receive, and recover such tolls or dues for ca r ry ing the same, a t such ra tes pe r mile , or o ther scale of charges as

shall

shall be established from t ime to t ime by the Directors of t h e Company , for or in respect of all such passengers and live stock which shall be conveyed or t ranspor ted upon such ra i lways , or e i ther of t h e m , or any

p a r t thereof respectively.

Provided t h a t if t he ra tes , tolls, or dues t h a t may be estab­ lished as aforesaid, unde r and by v i r tue of this Ac t , shal l be found excessive, i t shall be lawful for t he Governor to reduce t h e said ra tes , tolls, or dues, and to revise t h e m in such m a n n e r as m a y seem most proper and advisable.

Provided also t h a t no th ing in th is A c t contained shall ex tend

to charge , or m a k e l iable t he Company fur ther , or in a n y o the r case t h a n where , according to t he laws of th is Colony, stage coach proprietors and common carriers would be liable, nor shall ex tend in any degree to deprive the Company of any protect ion or privi lege which common carr iers or s tage coach proprietors m a y be ent i t led to, b u t on t h e cont rary , t he Company shall a t all t imes be ent i t led to t h e benefit of every such protect ion and privilege.

35. For the purposes and subject to t h e provisions hereinafter conta ined it shall be lawful for t h e Company, the i r deputies, agents , servants , and workmen , and all o ther persons by t h e m authorized and empowered to diver t or a l ter t h e course of any roadway or water-course crossing the rai lways, or ei ther of t hem, or to raise, sink, or d iver t a n y roadway or water-course in order t h e more convenient ly to carry t he same over or under , or by t h e side of the rai lways, or e i ther of t h e m .
36. If t h e Company do not cause ano ther sufficient road or new creek or water-course to be so made before they interfere wi th any such exis t ing road, creek, or water-course as aforesaid, they shall forfeit t w e n t y pounds for every day dur ing which such subs t i tu ted road, creek, or water-course shal l no t be made after t he exis t ing road, creek, or water-course shall have been in te r rupted , and such penalt ies shall be paid to t he t rus tees , commissioners, surveyor, or other persons hav ing the m a n a g e m e n t of such road, if a publ ic or parish road, and shall be applied for t h e purposes thereof, or in case of a pr ivate road the same shal l be paid to t h e owner thereof, and every such penal ty shall be recoverable w i th costs by act ion ei ther in t he Supreme Cour t , or if t he a m o u n t claimed is not more t h a n two h u n d r e d pounds, in t he

Dis t r ic t Court .

37. If in t he course of m a k i n g the rai lways or ei ther of
t hem, t he Company shal l use or interfere wi th any road, they shall

from t ime to t i m e m a k e good all damage done by t h e m to such road ;

and if any ques t ion shall arise as to t h e damage done to any such road
by the Company or as to t h e repair thereof by t hem, such ques t ion
shall be referred to t he de terminat ion of two Jus t ices , and such Jus t ices m a y direct such repairs to be made in the s ta te of such road in respect of damage done by the Company, and wi th in such period as t hey m a y t h i n k reasonable, and may impose on the Company, for n o t car ry ing in to effect such repairs, any pena l ty no t exceeding t en pounds per d iem as to such Jus t ices shal l seem fit, and any such pena l ty shall be pa id to t h e t rustees, commissioners, surveyor, or other persons hav ing t h e m a n a g e m e n t of such road if a publ ic or parish road, and be applied for t h e purposes of such road, or if a pr iva te road the same shall be paid to t he owner thereof. Provided t h a t t he said Jus t i ces shall have regard to a n d shal l m a k e full a l lowance for any tolls t h a t may have been paid by t h e Company on such road in t h e course of us ing thereof.
38 . I f t he rai lways cross any publ ic or parish road, t h e n e i ther such road shall be carried over t he rai lways or the ra i lways shal l be carr ied over such road by means of a bridge; of t h e he igh t a n d wid th and wi th t he ascent or descent by this A c t in t h a t behalf

here inaf ter provided, and such br idge w i t h t h e immedia te approaches

and

a n d al l o ther necessary works connected therewi th shall he executed b y and be a t all t imes thereaf ter main ta ined a t t he expense of t h e Company . Provided t h a t on the order of two Jus t ices giving au thor i ty in t h a t behalf i t shall be lawful for t he Company to ca r ry t he rai lways across a n y such road on the level.

39. U n t i l the Company shall have made the bridges or other proper communicat ions which they shall unde r t he provisions here in contained have been requi red to m a k e be tween lands intersected by the ra i lways, b u t for no longer t ime, t he owners and occupiers of such lands , and any other persons whose r ight-of-way shall be affected by the w a n t of such communica t ions , a n d the i r respective servants, m a y a t all t imes freely pass and repass wi th carriages, horses, and o ther an imals directly b u t not otherwise across any par t of t h e rai lways made in or t h r o u g h their respective lands, solely for t h e purpose of occupying the same lands, or for t h e exercise of such r ight-of-way, and so as not to obs t ruc t t he passage a long the railways, or to damage the same. Prov ided always t h a t if t h e owner or occupier of any such land have received or agreed to receive from t h e Company compensat ion in lieu of t he m a k i n g by t h e Company of a n y such communica t ions , such owner or occupier, or those c la iming under h im, shall no t be ent i t led so to cross t he rai lways.
40. The Company shall , subject to t h e regula t ions to be made from t i m e to t ime by t h e Railway Commissioners, and approved by the Governor , have power to cross the I l l awar ra l ine of rai lway on the level, i n such m a n n e r as shall be approved b y the Railway Commissioners, and for t h a t purpose to lay down such rails a n d execute such o ther works as shall be necessary for t h e purpose of such crossing. A n d the rails for such crossing shal l be laid down a t t he expense of t he Company under and subject to t he directions and approval of t he

Ra i lway Commissioners.

Provided tha t the Company shall , before they shall be a t l iberty to cross the said I l lawarra l ine of railway, erect upon the i r own land, and all t imes thereaf ter ma in t a in a sui table stat ion or lodge a t t h e place where t h e Company 's rai lways shall cross the I l l awar ra line of ra i lway on the level, and shall also erect and main ta in all necessary signals, t h a t is to say, all j unc t ion or crossing signals and two distance signals a t the said crossing.

4 1 . I f t he rai lways cross any publ ic or par ish road on a level

t he Company shall erect and at all t imes ma in t a in good and sufficient gates across such road on each side of t h e rai lways, whe re t he same

shall communica te therewi th , and shall, if so ordered as aforesaid,
employ proper persons to open and shu t such gates, and such gates

shall be constant ly kep t closed across such road on both sides of t h e railways, except dur ing t h e t ime w h e n horses, ca t t le , car ts , or carriages passing a long t h e same shal l have to cross such rai lways, and such gates shall be of such dimensions and so cons t ruc ted as w h e n closed to fence in t he rai lways and p reven t ca t t le or horses passing a long t h e road from en te r ing upon the rai lways, and the person en t rus ted wi th t he care of such gates shall cause t he same to be closed as soon as such horses, cat t le , car ts , or carr iages shall have passed t h r o u g h t h e same, unde r a pena l ty of forty shillings for every

defaul t therein .
Provided always t h a t it shall be lawful for t he Secretary for

Pub l i c W o r k s , in any case in wh ich h e shall be satisfied t h a t it will be more conducive to t he publ ic safety t h a t t he gates on any level crossing over any such road shall be kep t closed across t h e rai lways, to order t h a t such gates shall be kep t so closed ins tead of across the r o a d ; and in such case such gates shall be kep t cons tan t ly closed across t h e rai lways, except w h e n engines or carriages passing a long

t h e

t h e ra i lways shall have occasion to cross such road, in t h e same m a n n e r and unde r t h e l ike penal ty as above directed wi th respect t o t h e gates be ing kep t closed across t he road.

42. I n case of accidents or slips happen ing , or be ing appre­ hended , to the cu t t ings , embankmen t s , or o ther works of t he said rai lways, it shall be lawful for the Company and the i r workmen and servants to enter upon the land adjoining there to at any t ime whatso­ ever for t h e purpose of repai r ing or p reven t ing such accidents , and to do such works as may be necessary for t he purpose ; b u t in every case t h e Company shall, wi th in for ty-eight hours after such en t ry , m a k e a repor t to the Secretary for Pub l ic W o r k s specifying the na tu re of such accident or apprehended accident, and of t he works necessary to be done, and such powers shall cease and de te rmine if the said Secretary shall , after considering the said report , certify t h a t the i r exercise is no t necessary for t he publ ic safety.

Provided t h a t such works shall be as l i t t le injur ious to the adjoining lands as t he n a t u r e of accident or apprehended accident will admi t of, and shall be executed wi th all possible dispatch, and full compensat ion shall be made to t he owners and occupiers of such lands for the loss or in jury or inconvenience sustained b y t h e m respectively by reason of such works , the a m o u n t of which compensat ion, in case of any dispute abou t t he same, shall be sett led by arb i t ra tors in the m a n n e r hereinaf ter ment ioned and p r o v i d e d ; also t h a t no land shall be taken pe rmanen t ly for any such works otherwise t h a n is herein provided wi th respect to t he lands originally t aken for t he purpose of

m a k i n g the said rai lways.

43 .    E v e r y bridge to be erected for t he purpose of car ry ing either

of the said rai lways over any road shall be bu i l t in conformity wi th the
following regula t ions ( tha t is to say) :—

The wid th of t h e arch or opening shall be such as to leave there­ under a clear space of no t less t h a n t h i r t y feet be tween the a b u t m e n t s a t t h e level of t h e surface of t he road and u p to a he ight of twelve feet therefrom if t he a rch or opening he over a publ ic road, and of no t less t h a n t w e n t y feet a t t he level of t he surface of the road and u p to a height of twelve feet the re ­ from if the arch or opening be over a par ish road (not be ing a t ramroad or ra i l road) , and of not less t h a n twelve feet if over a p r iva te road (not being a t ramroad or rai l road), and of not less t h a n twenty-five feet if over a t ramroad or railroad.

The clear he igh t of t he a rch or opening from the surface of t he road shall be no t less t h a n sixteen feet for a space of twelve feet if the a rch or opening be over a publ ic road, and not less t h a n fifteen feet for a space of t e n feet if over a parish road, and not less t h a n four teen feet for a space of nine feet if over a pr iva te road, in case such publ ic road, par ish road, or pr ivate road respectively be not a t ramroad or ra i l road ; and in case such road be a t ramroad or railroad, t hen the clear he ight of t he a rch or opening from the surface of such road shall be not less t h a n seventeen feet for a space of twenty-five feet.

The descent to be made in t he road, in order to carry t h e same unde r the bridge, shall not be more t h a n one foot in th i r ty feet if t he br idge be over a publ ic road, one foot in twen ty feet if over a par ish road, and one foot in s ixteen feet if over a p r iva te road, in case such publ ic road, parish road, or p r iva te road respectively be n o t a t ramroad or r a i l road ; and in case such road be a t r amroad or railroad, t he descent shall not be greater t h a n t h e ru l ing gradient of such t r amroad or railroad.

44,

44. Eve ry br idge to be erected for t he purpose of car ry ing a n y road over ei ther of the said rai lways shal l be bui l t in conformity wi th t h e following regula t ions ( tha t is to say) :—

There shal l be a good and sufficient fence on each side of t h e
br idge of n o t less he igh t t h a n four feet, and on each side of

t he immed ia t e approaches of such br idge of not less t h a n

th ree feet.

The road over t h e br idge shal l have a clear space be tween t h e
fences thereof of thirty-five feet if t he road be a publ ic road,

and twenty-f ive feet if it be a par ish road, and twelve feet if

a p r iva te	road.
The ascent shall no t be more t h a n one foot in t h i r t y feet if	the

road be a publ ic road, and one foot in twen ty feet if a parish road, and one foot in sixteen feet if a pr iva te road, in case such pub l i c road, par ish road, or p r iva te road respectively be n o t a t r amroad or rai lroad, and in case such road be a t r a m - road or railroad, t h e ascent shall no t be greater t h a n the r id ing gradient of such t r amroad or railroad.

45 . Provided always t h a t in all cases where t h e average available wid th for t he passage of carriages of any exis t ing road wi th in fifty yards of t he points of crossing t h e same is less t h a n t h e width herein­ before prescribed for bridges over or unde r t he rai lways, t he wid th of such bridges need no t be greater t h a n such average available wid th of such roads, b u t so never theless t h a t such bridges be not of less wid th in case of a publ ic road or par ish road t h a n twen ty feet. Provided also t h a t if a t any t ime after t h e const ruct ion of t h e rai lways t h e average available wid th of any such road shall be increased beyond t h e w i d t h of such br idge on e i ther side thereof, t he Company shall be bound, a t thei r own expense, to increase t h e w id th of t h e said br idge to such ex ten t as t hey may be required by the t rus tees or surveyors of such road, not exceeding t h e wid th of such road as so widened, or t he m a x i m u m wid th here in prescribed for a br idge in the l ike case

over or unde r t h e ra i lways.

46 . Provided also t h a t if t he mean incl inat ion of any road wi th in two h u n d r e d and fifty yards of t h e point of crossing t h e same, or t he incl inat ion of such port ion of any road as m a y requi re to be al tered, or for which ano the r road shall be subs t i tu ted , shall be steeper t h a n the incl inat ion hereinbefore required to be preserved by t h e Company, t hen the Company m a y carry any such road over or under t h e rai lways, or may cons t ruc t such al tered or subst i tu ted road a t a n

to be crossed, or of the road so requi r ing to be altered, or for which incl inat ion not steeper t h a n the said m e a n incl inat ion of t he road so another road shall be subs t i tu ted .

47 . The Company shall m a k e , and a t all t imes thereaf ter ma in ­

t a in t h e following works for t he accommodat ion of the owners and
occupiers of lands adjoining the rai lways ( tha t is to say) :—

Such and so m a n y convenient gates, br idges, arches , culver ts , and passages over, under , or by the sides of, or leading to or from t h e rai lways as shal l be necessary for t h e purpose of m a k i n g good any in te r rup t ions caused by the ra i lways to t h e use of the lands, or any streets not diverted unde r the powers here in contained, t h rough wh ich the rai lways shall be m a d e ; and such works shall be made for thwi th after the pa r t of t h e rai lways pass ing over such lands shall have been laid out , or formed, or du r ing the format ion thereof.

Also sufficient posts, rails, hedges, ditches, mounds , or o ther fences for separat ing t he land t a k e n for t he use of t h e rai lways from the adjoining lands not t aken , and pro tec t ing such lands from trespass, or the cat t le of t he owners or occupiers thereof from

straying

s t ray ing thereout , b y reason of t he rai lways, toge ther wi th all necessary gates made to open towards such adjoining lands , and not towards t h e r a i lways ; and all necessary stiles, and such posts, rails, and other fences shall he made for thwith after t he t ak ing of any such lands , if t he owners thereof shall so require , and t h e said o ther works as soon as convenient ly

m a y he .

Also all necessary arches, tunne l s , culver ts , dra ins , or other

passages, e i ther over or under , or by t he sides of t h e rai lways of such dimensions as will be sufficient at all t imes to convey the water as clearly from the lands ly ing near or affected by the rai lways, as before t he m a k i n g of the rai lways, or as near ly so as may be, and such works shal l he m a d e f rom t i m e to t ime as t h e ra i lway works proceed.

Also proper watering-places for cat t le , or compensat ion in l ieu

thereof, where , by reason of t he rai lways, t h e cat t le of any

person occupying any lands ly ing nea r thereto shall be deprived of access to the i r former water ing-places , and such water ing-places shall be so made as to be a t all t imes as sufficiently supplied wi th water as theretofore, and as if t he railways had not been made , or as near ly so as m a y be, and t h e Company shall m a k e all necessary water-courses and dra ins for t h e purpose of conveying water to t he said wate r ing- places. Provided always t h a t the Company shall no t be required to m a k e such accommodat ion works in such a m a n n e r as would prevent or obs t ruc t the work ing or using of t h e rai lways, nor to m a k e any accommodat ion works wi th respect to which the owners and occupiers of t h e lands shall have agreed to receive, and shall have been paid compensat ion

instead of t h e m a k i n g them.

48 . I f any person omit to shu t and fas ten any gate set u p a t e i ther side of t he said rai lways for t he accommodat ion of t h e owners or occupiers of the adjoining lands as soon as he and the carriage, ca t t le , or other animals under his care have passed t h r o u g h the same, he shall forfeit for every such offence any s u m not exceeding t en pounds .

49. The Company shall not be ent i t led to any mines of coal, ironstone, slate, or other minera ls unde r any land vested in t h e m by v i r tue of th is Act, except only such par t s thereof as shall be necessary to be d u g or carried away in the const ruct ion of the works hereby authorized.

50. The provisions contained in the following sections of the

" Pub l ic W o r k s A c t of 1 8 8 8 " shall (so far as they are applicable and subject to t h e proviso hereinafter contained) be incorporated wi th and form p a r t of this Act , and be applied as fully and effectually as if t h e said sections had been specifically enacted herein, t h a t is to say— sections th i r ty -one , thir ty-four, and t h i r t y - s i x ; sections forty to

fifty-five, bo th inc lus ive ; and sections	fifty-seven	to seventy-two, bo th
inclusive.

Provided	t h a t —
(a)	Wherever, in any section so incorporated, the words "the
Cons t ruc t ing A u t h o r i t y , " or t he words " H e r M a j e s t y "
occur, t h e words " t h e C o m p a n y " shall , for t he purposes of

th is Ac t , be subst i tu ted for t he said words respectively.

(b) And whenever in any of the said sections the expressions " s e l l and convey," " s e l l and convey or re lease ," or " sell, convey, or r e l e a s e " occur, the word " s e l l " shall, for t he purposes of this Act , be subs t i tu ted therefor, and no th ing in the said sections contained shall, for t he purposes of this Act, r ender the execut ion of a conveyance or release necessary.

(c)

(c) And section forty-two, subsection two, of the said Act shall,

for t he purposes of this Act , he read as t hough , for t he words " u n d e r his h a n d and official s e a l " were subs t i tu ted the words " under t he seal of t he Company . "

(d)	And section fifty of the said Act shall, for the purposes of
this Act , be read as t h o u g h for t h e words " Pub l i c W o r k s
A c t of 1 8 8 8 " were subs t i tu ted t h e words " IllaAvarra
H a r b o u r and L a n d Corporation (Limited) Act , 18S0."
(e)	And to section fifty-two of the said Act there shall, for the
purposes of th is Act , be added t h e f o l l o w i n g p rov i so :

" Provided t h a t w h e r e one of t h e part ies to t h e arbi t ra t ion is

t h e Secretary for Lands , t he arbi t ra tors shall deliver t h e said

a w a r d in dupl icate , one to t he Company and the o ther to t he

Secretary for L a n d s . "

A n d t h e provisions of t he said sections of t he said Act shall, so far as t hey are applicable, apply, for t h e purposes of this Act , to Crown Lands , and any costs to be borne b y the Secretary for Lands shall b e paid, and on defaul t execut ion m a y be had, and the a m o u n t levied in

l ike m a n n e r as in t h e case of costs a w a r d e d aga ins t a nomina l

defendant unde r t he claims against t h e Colonial Gove rnmen t Ac t .

5 1 .    If, wi th in s ixty days after t h e passing of th is Ac t , the owners

of any lands t aken b y t h e Company under the pro visions of th is Act , and all part ies h a v i n g any estate or in teres t in such lands, or any of t h e m , fail to agree wi th the Company as to t h e a m o u n t of t he com­ pensat ion to be paid b y t he Company for t h e i n t e r e s t in such lands belonging to such o w n e r or pa r ty , o r which he is by th is Ac t enabled

to sell, or for any damage t h a t m a y be s u s t a i n e d	b y reason	of t h e
execut ion of t he work a u t h o r i z e d	b y th is Act , or if any o ther	quest ion

as to c o m p e n s a t i o n	shal l at any t ime arise under this Act , t he a m o u n t of
such c o m p e n s a t i o n	shall be settled, and t h e costs of and incident to any
inqui ry i n r e s p e c t	thereof shall be borne and the whole m a t t e r deal t

w i t h in the m a n n e r p r o v i d e d b y such of t he said sections of t h e

" P u b l i c W o r k s A c t of 1 8 8 8 " hereinbefore i n c o r p o r a t e d wi th this Ac t

as deal wi th t he m a n n e r of s e t t l i n g cases of d i s p u t e d c o m p e n s a t i o n .

52. The Company shall m a k e c o m p e n s a t i o n and s a t i s f a c t i o n to

t he	owners	or o c c u p i e r s	of	l a n d s	a f fec ted	b y t he	r a i l w a y s	( the	a m o u n t
of	such	c o m p e n s a t i o n	and	s a t i s f a c t i o n	to	b e	a s c e r t a i n e d	and	r e c o v e r e d ,

in case of difference, a n d the cost of and i n c i d e n t to any i n q u i r y

in respect thereof to be borne in t he m a n n e r h e r e i n b e f o r e p r o v i d e d )

for t e m p o r a r y , p e r m a n e n t , or r e c u r r i n g injury, and all o ther damage ,

loss, costs, c h a r g e s , and inconvenience wh ich m a y in a n y w i s e b e

o c c a s i o n e d to t he said Owners o r o c c u p i e r s by t he n o n p e r f o r m a n c e b y

t h e said Company of any of the m a t t e r s and th ings hereby requi red to

be performed b y t h e m o r o t h e r w i s e .

53 . I n e v e r y c a s e w h e r e the Company shall t ake t e m p o r a r y

possession of lands, by v i r t u e of t he p o w e r s hereby g r a n t e d , i t shall b o

i n c u m b e n t on t h e m w i t h i n one m o n t h after the i r en t ry upon such

lands, u p o n be ing r e q u i r e d so to do, to pay to the o c c u p i e r of t he said lands t he value of any crop o r d r e s s i n g t h a t may be thereon, as well as full c o m p e n s a t i o n for any other damage of a t e m p o r a r y n a t u r e

which he m a y s u s t a i n b y reason of thei r so t a k i n g possess ion of his

lands ; and they shall a l so , from t ime to t ime dur ing their o c c u p a t i o n

of t he said lands, pay h a l f - y e a r l y to such o c c u p i e r o r to the owner of

the lands , as the c a s e m a y require , a r e n t t o b e fixed by t w o Jus t i ce s ,

in case t he p a r l i e s differ, a n d s h a l l a l so , wi th in six; mou ths after the

c o m p l e t i o n of t h e work by r e a s o n whereof s u c h pos se s s ion shall have

been t a k e n , pay to s u c h o w n e r a n d o c c u p i e r , o r deposit in t he b a n k

for the benefit of all par t ies interested, a s t h e c a s e m a y r e q u i r e ,

c o m p e n s a t i o n for all p e r m a n e n t or o ther loss damage, or i n ju ry t ha t

m a y

may have been sustained by t h e m by reason of t he exercise as regards t h e said lands of t he powers hereby granted , inc luding the full va lue of all clay, stone, gravel, sand, and other th ings t aken from such lands .

54. If in any case in which, according to t h e provisions of this Act , the Company is authorized to enter upon and t ake possession of any lands required for t he purpose of car ry ing out t he works authorized by this Act , the owner or occupier of any such lands or any other person refuse to give u p t h e possession thereof, or h inder t h e Company from enter ing upon or t a k i n g possession of t he same, i t shall be lawful for t h e Company to issue i ts w a r r a n t to t h e Sheriff to deliver possession of the same to t he person appointed in such w a r r a n t to receive t h e same, and upon t h e receipt of such war ran t the Sheriff shall deliver possession of any such lands accordingly, and the costs accru ing by reason of t he issuing and execut ion of such w a r r a n t to be sett led b y t h e Sheriff shall be paid by the person refusing to give possession, and the a m o u n t of such costs shall be deducted and reta ined by t h e Company from the compensat ion, if any t h e n payable, to such par ty , or if no such compensat ion shall be payable to such par ty , or if t h e same be less t h a n t h e a m o u n t of such costs, t h e n such costs or t h e excess thereof beyond such compensat ion, if no t paid on demand, shall be levied by distress, and upon application to a n y Jus t ice for t h a t purpose he shall issue his war ran t accordingly.

55. Al l offences against this A c t or any regula t ion made under this Act in respect of which any pecuniary pena l ty is imposed, and all proceedings for the recovery of any expenses or s u m of money by this A c t made payable shall (unless otherwise hereinbefore provided for) be heard and determined in a s u m m a r y way by and before any two Jus t ices unde r the provisions of t he A c t or Ac ts in force for t he t ime being regula t ing proceedings on s u m m a r y con­ victions ; and if such pena l ty or s u m of money be no t paid, e i ther immedia te ly after t he convict ion or order, or wi th in the t ime appointed by such convict ion or order, t he same shall be levied by distress and sale of t he offender's goods and chat te ls . A n d on fai lure of distress shall be enforced in m a n n e r directed by the said Act or Acts . A n d all persons aggrieved by any such conviction or order m a y appeal theref rom in the m a n n e r and subject to t h e conditions prescribed by

t h e Acts r egu la t ing appeals to Quar ter Sessions.

56. I t shal l be lawful for t he Company from t ime to t ime to

m a k e by- laws—

For providing for t he due m a n a g e m e n t of t h e said ha rbour and

t h e traffic thereon, and of t h e said rai lways a n d the traffic
thereon, and of t h e affairs of t he Company in all respects.

F o r r egu la t ing t he duties and conduct of all persons, as well t he servants of t he Company as others (not be ing Officers of Customs or Excise) , who shall be employed in t he said harbour , or a t any wharf, or on or in connection wi th t h e said rai lways, or elsewhere on t h e premises of t h e Company.

A n d all or any such by-laws, be ing consistent wi th t he provisions of th is Ac t , and not otherwise r e p u g n a n t to a n y other A c t in force wi th in t he Colony of N e w South Wales , shall , w h e n confirmed by the Governor and publ ished in t he Gazette, b u t no t sooner, or otherwise, have the force of law.

57. The product ion of the Gazette wi th any such by-laws so published as aforesaid, shall in any suit or proceeding, civil or cr iminal , be prima facie evidence tha t such by-law has been made , confirmed, and publ ished as by this Act required .

58. I n th is Act , unless t h e contex t otherwise r equ i r e s—

" A u s t r a l a s i a " means and includes Aust ra l ia , Tasmania , N e w

Zealand, and the Fiji I s lands .

" Governor" means t he Governor, w i t h the advice of t he Execu t ive

Council .

" H a r b o u r " means and includes the por t a n d ha rbour authorized

to be cons t ruc ted by th is A c t and the en t rance there to .

" O w n e r " means any person or persons or Corporat ion able, whe the r unde r t he provisions of th is Ac t or otherwise, to sell l and to the Company, and in t he case of Crown Lands means the Secretary for Lands.

" Two Jus t i ce s " means two Jus t ices of the Peace assembled and ac t ing together in P e t t y Sess ions .

" W h a r f " means any wharf, quay, dock, pier , j e t ty , s ta i th , or

other erection, or work for giving wharfage accommodat ion or be r thage to vessels, or for enabl ing vessels to load or discharge any k ind of cargo or ballast .

59.    The Ra i lway Commissioners m a y from t ime to t ime appoint

any person to be inspector, for the purpose of inspect ing the ra i lway and of m a k i n g any inqui ry wi th respect to the condition of t h e works , or in to t h e cause of a n y accident, provided tha t no person so appoin ted shall exercise any powers of interference in the affairs of

t he Company.

6 0 .    Every Inspec tor unde r th is Act shall, for the purpose of a n y

inspect ion or inqu i ry which he is directed by t h e Ra i lway Commissioners

to m a k e or conduct , have the following powers, t h a t is to say :—

( I ) H e m a y en te r a n d inspect t he rai lway and all t h e stat ions,

works , bui ld ings , offices,	stock, p lan t , and mach ine ry belong­
ing:	there to .

( I I ) H e may, b y s u m m o n s under his hand, requi re t h e a t t endance

of any person who is engaged in the m a n a g e m e n t , service, or employment of the Company, and whom he th inks fit to call before h im and examine for the said purpose, and may requi re answers or r e tu rns to such inquir ies for t he said purpose as he t h inks fit to make .

(III) H e m a y requi re and enforce the product ion of all books, papers , and documents of the Company which he considers impor tan t for the said purpose.

6 1 . W h e r e , in or about the railway, or any of the works or

bui ld ings connected with such railway, or any bui ld ing or place,

w h e t h e r open or enclosed in connection with such rai lway, any of t he

following accidents t ake place in the course of working, tha t is to
s a y : —

(I) A n y accident a t t ended with loss of life or personal in ju ry to any person whomsoever,

(II)	A n y collision where one of the t ra ins is a passenger t ra in ,
(III) A n y passenger t rain, or any pa r t of a passenger	t ra in ,

acc identa l ly leaving the rails.

(iv)  Any accident of a kind not comprised in the foregoing descript ions, b u t which is of such a k ind as to have caused, or to be l ikely to cause, loss of life or personal injury, and which m a y be specified in tha t behalf by any order to be made from t ime to t ime by the Ra i lway Commissioners.

The Company work ing such rai lway shall send notice of such accident , a n d of t he loss of life or personal injury (if any) occasioned thereby, to t he Rai lway Commissioners.

62. Such not ice sha l l be in s u c h form and shall conta in such
par t icu la rs as the Railway Commissioners may from t ime to t ime direct,

and shall be sent by t h e earliest practicable post after the accident

takes place. 6 3 .

63 . The Ra i lway Commissioners m a y from t ime to t ime by order direct t h a t notice of any class of accidents shall be sent to t h e m by te legraph, and may revoke any such order. W h i l e such order is in force not ice of every accident of the class to which t h e order relates shall be sent to t h e Rai lway Commissioners by te legraph immedia te ly after t he accident takes place. Fa i lu re to comply wi th t h e provisions of th is section shall render t he Company liable for each offence to a penal ty not exceeding twen ty pounds .

6 1 . This A c t m a y be cited as t h e " I l l awar ra H a r b o u r and

L a n d Corporat ion A c t of 1890 ."

S C H E D U L E S .

S C H E D U L E A .

Lake Illawarra Harbour Works.

1. T h e c o n s t r u c t i o n of a b r e a k w a t e r p r o j e c t i n g f r o m W i n d a n g I s l a n d n o r t h ­

e a s t e r l y t o f o r m the s o u t h e r n w a l l of e n t r a n c e c h a n n e l ; t h e r e c l a m a t i o n of a p o r t i o n

o f t h e f o r e s h o r e s of W i n d a n g I s l a n d a s m e n t i o n e d i n s e c t i o n f o u r of t h i s A c t ; a n d

t h e e r e c t i o n of l i g h t h o u s e s t h e r e o n .

2. T h e c o n s t r u c t i o n of a m o l e p a r a l l e l t o t h e b r e a k w a t e r t o f o r m t h e n o r t h e r n

s i d e of e n t r a n c e c h a n n e l .

3. T h e c o n s t r u c t i o n of t r a i n i n g w a l l s f r o m t h e b r e a k w a t e r a n d m o l e t o f o r m t h e

s i d e s of c h a n n e l f r o m W i n d a n g I s l a n d a n d a p o i n t o p p o s i t e t o i t t o t h e e n t r a n c e of t h e

l a k e , a n d t h e n c e t h r o u g h t h e e n t r a n c e t o a p o i n t i n t h e p r e s e n t c h a n n e l w h e r e t h e

c a n a l o r c h a n n e l t o b e e x c a v a t e d u n d e r t h i s A c t s t a r t s .

4 . T h e c o n s t r u c t i o n of s a n d t r a p s a l o n g t h e s a n d b e a c h e s t o t h e n o r t h a n d s o u t h

of t h e e n t r a n c e w o r k s a t d i s t a n c e s a n d p o s i t i o n s f o u n d b y t h e C o m p a n y t o b e n e c e s s a r y .

5 . T h e e x c a v a t i o n of a c a n a l o r c h a n n e l o f s u i t a b l e w i d t h a n d d e p t h t o a c c o m ­

m o d a t e l a r g e s h i p s f r o m t h e t r a i n i n g w a l l s a t t h e e n t r a n c e of t h e l a k e t o E l i z a b e t h o r

T a l l a w a r r a P o i n t , o r s u c h p o s i t i o n s o n t h e C o m p a n y ' s e s t a t e a s m a y b e r e q u i s i t e ; a n d

t h e e r e c t i o n of b e a c o n s a n d b u o y s t o i n d i c a t e t h e c o u r s e of c h a n n e l .

0 . T h e e x c a v a t i o n a n d d e e p e n i n g of t h e n e c e s s a r y d o c k s a n d c h a n n e l s f o r t h e

a c c o m m o d a t i o n a n d b e r t h a g e of s h i p s ; a n d t h e p o w e r t o e r e c t w h a r v e s fo r t h e r e c e p t i o n ,

d i s c h a r g e , a n d s h i p m e n t of a i l k i n d s of g o o d s , m e r c h a n d i s e , a n d t h i n g s ; a n d s t a i t h s f o r

t h e s h i p m e n t of c o a l s .

7 . T h e p o w e r t o r e c l a i m t h e f o r e s h o r e s of t h e C o m p a n y ' s e s t a t e , a n d t o d e p o s i t

d r e d g i n g s a n d m a t e r i a l s in s u c h p o s i t i o n s a s m a y b e s u i t a b l e w i t h o u t i n t e r f e r i n g w i t h

e x i s t i n g p r i v a t e r i g h t s o r the n a v i g a t i o n of t h e l a k e .

S C H E D U L E B .

Free Lay Days.

D u r i n g w h i c h v e s s e l s f u l l y l a d e n d i s c h a r g i n g t h e i r c a r g o e s a t a n y w h a r f , a r e e x e m p t

f r o m t h e p a y m e n t of t o n n a g e r a t e s .

For	v e s s e l s	n o t	e x c e e d i n g	1 0 0	t o n s	r e g i s t e r	. . .	. . .	. . .	. . .	. . .	T w o	d a y s .
E x c e e d i n g	1 0 0	t o n s	a n d	n o t	e x c e e d i n g	2 0 0	t o n s	r e g i s t e r	. . .	. . .	. . .	F o u r	,,

„ 200 „ „ „ ' 300 „ '„ Five „

„ 300„ „ 400 „ „ Six „

A n d f o r e v e r y a d d i t i o n a l 1 0 0 t o n s o r f r a c t i o n a l p a r t of 1 0 0 t o n s . . . . . . O n e ,,

E x c l u d i n g S u n d a y s a n d p u b l i c h o l i d a y s i n e v e r y c a s e .

S C H E D U L E C .

Freightage Bates. £ s. d.

B a l l a s t , p e r ton . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 l 0

C o a l s , p e r t o n 0 0 1 0

„ c o k e d . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 1 8

L i m e a n d L i m e s t o n e , p e r t o n . . . . . . . . . . . . . . . . . . . . . 0 2 0

T i m b e r — D e a l s , d e a l e n d s , a n d a l l s a w n t i m b e r , p e r COO f e e t , s u p e r f i c i a l . . . 0 2 0

,, R o u g h t i m b e r a n d s p a r s , p e r 4 0 c u b i c f e e t . . . . . . . . . . . . 0 2 6

„ L a t h s , t r e n a i l s , s h i n g l e s , p e r 1 , 0 0 0 . . . 0 0 6

,, P o s t s a n d r a i l s , p e r 1 0 0 . . . . . . . . . . . . . . . . . . . 0 2 6

P a l i n g s , p e r 0 0 0 0 2 6

., S p o k e s , p e r 5 0 0 0 2 6

„ S t a v e s , c o o p e r s , p e r 1 0 0 . . . . . . . . . . . . . . . . . . 0 2 6

I r o n a n d I r o n o r e s . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 2 0

S C H E D U L E

S C H E D U L E D .

Towage, and Harbour Removal Rates.

For each vessel. Towage from and to sen. Removals.

£ s. d. £ s. d.

Under 150 tons register 3 10 0 1 0 0

150 tons and under 200 tons ... 4 10 0 1 10 0

200 „	„	250 „	5 10 0	2 0 0
250 „	„	300 „	6 10 0	2 5 0
300 „	„	400 ,	7 10 0	2 10 0

Vessels of four hundred tons regis ter and over to pay for towage from and to sea one shilling per reg is te r ton , and for towage one way e ightpence per regis ter ton , and for each removal in the ha rbour at the r a t e of one penny hal t -penny per ton register .

The above ra tes to inc lude for a dis tance of th ree miles outside the en t rance to

t he harbour . Towage for a grea ter dis tance t h a n the said th ree miles to be a ma t t e r of

pr iva te a r rangement .

S C H E D U L E E .

Railway.

Commencing a t a po in t on t he Lake lands Es ta te , the p rope r ty of the I lawarra

H a r b o u r and Land Corpora t ion (Limi ted) , nea r the foreshore of Lake I lawarra , a t El izabeth or Tal lawarra Point , and proceeding thence th rough the Company's es ta te ; thence t h r o u g h the p roper ty of C. Hen ige r , owner, and occupied by Charles and F r a n k

Chy ; thence crossing the South Coast R o a d ;	thence th rough the p roper ty of	R o b e r t
J a m e s Marshal l , crossing the Governmen t railway line a t a point be tween	fifty-six	miles
for ty chains and	fifty-seven	miles ; thence again t h r o u g h the lands of t he said R o b e r t

J a m e s Marshal l ; thence t h rough Michael F i tzgera ld ' s one hundred acres, occupied by Phi l ip Moore ; thence t h rough the p roper ty of M r s . Cole, leased to J o h n Bovard and subleased to George E m p t o n and Michael M'Auliffe ; thence t h r o u g h Wil l iam Swan 's

one h u n d r e d acres, crossing	t h e	Bong	P o n g	road ; thence	t h r o u g h	W . S. Thompson ' s
one hundred	acres, occupied by H e n r y H a r r i s	and	J o h n	C h y ;	thence t h r o u g h	George

Lindsay 's th i r ty acres, being par t of Paul ' s original g r a n t ; t hence again t h r o u g h

W . S . T h o m p s o n ' s fifty acres, occupied by J o h n C h y ; thence again t h r o u g h W . S. Thompson and o the r s ' one hundred and six acres, occupied by Isaac Cooper ; thence th rough J o h n Lindsay ' s five hundred acres, occupied by George L i n d s a y ; thence again th rough W. S. Thompson ' s and o thers ' one hundred and six acres, occupied by I saac Cooper ; thence across a r o a d : thence th rough J o h n L o r e ' s fifty acres, occupied by Charles H e r e ; thence through Wil l iam Fry ' s fifty-acre grant , occupier and owner, W . R o s e ; thence through Wil l iam Har r i s ' s one hundred a c r e s ; thence across a r o a d ;

t hence again th rough Wil l iam Harr i s ' s	fifty	acres ; thence t h rough Wil l iam Pose ' s sixty-
acre por t ion , th i r ty-acre port ion, and th i r ty- four	acres one rood twenty- four	perches

por t ion ; and th rough John B u r n s ' fifty-nine acres to t he I lawarra H a r b o u r and Land

Corpora t ion (Limited) Colliery ; otherwise called the Ocean Steam Colliery. Railway Branch Line.

Also a b ranch line commencing a t a point near t he western boundary of Michael F i tzgera ld ' s one hundred acres, proceeding thence t h rough Wi l l i am Swan 's one h u n d r e d acres, George Lindsay 's e ighty acres, and Wil l iam Cook's six hundred acres ; thence crossing the Cleveland Road : thence again t h rough Wil l iam Cook's six hundred acres ; t hence th rough the Publ ic School r ese rve ; thence th rough H e n r y Osborne 's six hundred

acres, H u g h Clark, occupie r ; thence th rough H e n r y Osborne 's one hundred and forty-

five and sixty-acre port ions, J a m e s Nevil le, occupier ; thence th rough H e n r y Osborne ' s t h r ee hundred-acre , two hundred and forty-six-acre, and one hundred and forty-two-acre por t ions , Mathew Reen , J a m e s Nevil le, and William O'Brien, occup ie r s ; thence th rough Richard Summer ' s fifty acres to J . B . W a t t ' s coal-mining p roper ty .

An