Mudgee to Dunedoo, via Canadian Lead, Railway Act 1906 (NSW)

Act No. 35, 1906.

An Act to sanction the construction of a line

of Railway from Mudgee to Dunedoo, via

Canadian Lead ; to authorise the construction

of the said line on public roads; to amend

the Public Works Act, 1900, so far as it relates to the making 1 and maintaining of fences along the said line ; to provide for the use of the said line by the Constructing Authority,

or by persons authorised by him ; and for

other purposes consequent thereon or in­

cidental thereto. [17th Decemher, 190G.]

WH E R E A S , in accordance with declare tha t it was expedient to c a n y out a cer ta in work, namely , the

the provisions of the P u b l i c

W o r k s A c t , 1 9 0 0 , the Leg i s la t ive Assembly did, by resolut ion,

construct ion of a l ine of ra i lway from M u d g e e to Dunedoo, via

Canadian L e a d : A n d whereas, on the passing of the said resolution, a s ta tutory duty was by the said A c t imposed on the Secre ta ry for P u b l i c W o r k s to introduce a B i l l into the said Assembly to sanct ion the car ry ing out of the said w o r k : Be it therefore enacted by the K i n g ' s Mos t E x c e l l e n t Majes ty , by and wi th the advice and consent of the Legis la t ive Counci l and Legis la t ive Assembly of New South W a l e s in Pa r l i amen t assembled, and by the author i ty of the same, as

follows : —
1. This A c t may be cited as the " Mudgee to Dunedoo, via

Canadian Lead , R a i l w a y Ac t , 190G."

2. T h e car ry ing out the said work (more par t icu lar ly described

in the Schedule to this A c t ) is hereby sanc t ioned; and the Secre ta ry for P u b l i c W o r k s , or the m e m b e r of the E x e c u t i v e Counci l for t he t ime being performing the duties of the said Secre ta ry , is hereby authorised to under take and carry out the said work, sub jec t to the provisions of this A c t , and for tha t purpose shall be, and shall have the powers and duties of, Construct ins: Author i ty within the m e a n i n g

of the P u b l i c W o r k s A c t , 1 9 0 0 . 3.

3. The plan of the said work is the plan marked " Mudgee to Dunedoo, via Canadian Lead, Railway," signed by the Secretary for Public Works, and countersigned by the Chief Engineer for Railway and Tramway Construction, and deposited in the public office of the said Secretary.

4. The cost of carrying out the said work, estimated at one hundred and seventy-five thousand nine hundred and eighty-nine pounds, shall be defrayed from such Loan Votes as are now or may hereafter be applicable to that purpose, or from appropriations of the Public Works Fund, or partly from such votes and partly from the said appropriations, and shall not under any circumstances exceed the estimated cost by more than ten per centum.

5. The said line of railway may be constructed on any public

road or highway.

6. Notwithstanding the provisions of section eighty-four of the Public Works Act, 1900, the Constructing Authority shall not bo required or compelled, nor shall it be the duty of the said Authority, to make and maintain any fence along the said line of railway for the accommodation of any person or for any purpose whatsoever ; but the said Authority may, in his discretion, make and maintain such fences in connection with the said line of railway as he may think fit.

7. The Constructing Authority, and any persons authorised by him, may use the said line, or any part thereof, before it is transferred to the Railway Commissioners ; and for that purpose may run thereon any carriages or waggons propelled or drawn by any motive power.

SCHEDULE.

Tins line commences at the end of the existing Wallerawang-Mudgee railway line in the latter town, at one hundred and eighty-nine miles twenty-four chains fifty links from Sydney, and proceeds in a westerly direction between Nicholson and Inglis streets, and across Church, Perry, and Douro streets, and, bearing north-westerly, it crosses Inglis, Horatio, and Cox streets, and the main road to Gulgong ; thence a northerly direction takes it across Cudgegong River, Pipeclay Creek, and up the valley of Woonambula Creek and across the main road to Wyaldra or Home Pule, two miles beyond which the

line passes that town on the west and Canadian Lead on the east, and curving to the
west a north-westerly course carries it about a mile to the north-east of Gulgong, and to

the crossing of Wyaldra Creek : thence a more northerly direction is followed to the right bank of Tallawang Creek, which is ascended north-westerly, and after crossing that creek the watershed between it and Slap-dash Creek is traversed, and the descent northerly of about eleven miles towards the Talbragar River is made ; thence a generally westerly bearing for about four miles takes the line to Dunedoo, and across Charlotte, Duncan, Helen, Caroline, and Alfred streets in that township, where it ends at two hundred and thirty-nine miles ten chains fifty links from Sydney, being a total length of forty-nine miles sixty six chains ; and subject to such deviations and modifications as may be considered desirable by the Constructing Authority.

Act