Newcastle Pasturage Reserve (Railways) Resumption Act 1915 (NSW)

204              Newcastle Pasturage Reserve (Railways) Resumption

Act.

NEWCASTLE PASTURAGE

RESERVE (RAILWAYS)

RESUMPTION ACT.

Act No. 13, 1915.

George V, An Act to divest the promoters of certain railways.

No. 13. and the Australasia Coal Mining Company and the Waratah Coal Company, their repre­ sentatives and assigns, of their estates in certain lands Avithin the area knoivn as the Newcastle Pasturage Reserve ; to vest certain portions of the said area in His Majesty and declare the same to be Croivn lands ivithin the meaning of the Croivn Lands Consolidation Act, 1913 ; to give effect to certain sales and disposals of lands; and for purposes consequent thereon or incidental thereto. [Assented to, 22nd February, 1915.]

Preamble. ^^^^HEREAS by an Act passed in the thirty-first „ , « ,

year of the reign of Her late Majesty Queen

Hartley  aie Victoria, and intituled “ An Act to enable James Brown, Colliery. Alexander Broivn, and Stephen Foyle to construct

a Railway from certain Collieries near Aeivcastle to

NewLambton and to coniicct the same Avith the Great Northern

Railway. Raihvay,” certain CroAvn lands Avhich are included

Avithin the boundaries of the area knoAvn as the Newcastle Pasturage Reserve Avere A'ested in the persons designated jiromoters in the said Acts for the purposes

Australasia	of the Said raihvay: And Avhereas hy an Act passed in
pany.	fhc tliirty-niiitli year of the said reign and intituled

39 Vic. “ An

Newcastle Pasturage Reserve (Railways) Resumption 205

Act.

“ An Act to enable tlie xVustralasia Coal Company George V,

(Limited) to construct a Railway from certain Collieries No. 13.

near Newcastle to and to connect the same with the Great Northern Railway,” certain Crown lands within the boundaries of tbe said Newcastle Pasturage Reserve were vested in the Australasia Coal (Mining Company : Wm-ataii Ccmi

And whereas hv an Act passed in the twenty-seventh	'
year of the said i-eign, and intituled “ An Act

establish and incorporate a company to be called tbe	’
Waratah Coal Company, and to authorise the making of a Railway for tin* purposes of tbe said Company,” and by an Act passed in tbe tbirty-eiirhtb year of tbe said reign, and intituled ‘'An Act to authorise tbe Ai’aratah Coal Company to extemd their line of Railway by tbe construction of branches,” certain lands witbiu tbe boundaries of tbe said reserve were vested in tbe AAbiratah Coal Company ; Aud whereas parts of the railways constructed under the said Acts on the said lands, and known as the New Lambton, Hartley  ale Colliery, Australasia Coal Company’s and AA'aratah Coal Company’s railways res])ectively, have not been in use for tbe purposes for rvliicb they Averc authorised to he constructed under the said Acts for sciveral years and are not now in use for the said })urposes ; And whereas it is desirable to divest tbe said promoters and the companies of their respective estates, interests, j)OAvers, I'ights, and henctlts in respect of the said lands, and to discharge them from any duties, liabilities, and obligations imposed by the said Acts, and to declare those portions of the said lands which have not b('en resumed for public purposes to be CroAvn lands: And wliereas certain portions of the lands vested in the said promoters Averc sold or otherwise' disposed of by tbe Crown, and it is desirable to re'uiovee certain doubts AAdiich liaAm arisen as to the validity of such sab's and disposals: Re it therefore enacted hy the King’s Most Excellent Majesty, hy and Avith the advice and consent of the Legislative Council and LegislatiA'e Assembly of
N cav South AÂ ales in Parliament assembled, and l)y the
authority of the same, as folloAVS :—

1 . This Act may be cited as the “ N c A v c a s t le si ou title.

Pasturage Reserve (UaihA'avs) Resumption Act, 191.5.”

‘ 2 .

206              Newcastle Pasturage Reserve (Railways) Resumption

Act.

George V, 2 . The persons referred to in the first above recited

Mo. 18 Act as promoters, and their executors, administrators,

Promoters of	and assigns, and the Australasia Coal Mining Company,
railways in
Newcastle	the M^aratah Coal Company and their respective assigns,
Pasturage	and all other persons (if any) having or claiming any
Beserre
diTested of	estate or interest in the lands described in the Schedules
estates, and	A, B, C, and D to this Act, are hereby divested of all
certain lands
declared	estates and interests vested in them, and of all powers,
Crown lands.	rights, and benefits conferred upon them, and discharged from any duties, liabilities, and obligations imposed by the said Acts respectively in respect of the said lands; and the lands described in Schedules A, D, E, and E to this Act arc hereby vested in His Majesty and declared to be Crown lands within the meaning of the Crown Lands Consolidation Aet, 1913, and any Acts amending the same, free from all trusts, conditions, duties, liabilities, and obligations affecting the said lands and any persons in relation thereto, but subject to any sales or other disposals given effect to by section three of this A c t:
Provided that nothing in this Act shall annul the right conferred upon the Waratah Coal Company by the ahove-recited Act, passed in the thirty-eighth year of the reign of Her late Majesty Queen Victoria, to cross that portion of the New Lambton railway described in Schedule A to this Act at the present intersection of that railway by the Waratah Coal Company’s railway.

Sale of certain	3 . Every sale or other disposal by the Crown of
lands to hare

certain effect. lands within the railway lands described in Schedule A to this Act, aud purporting to have been made under or by virtue of the Newcastle Pasturage Reserve Act, shall be deemed to have had and to have effect as if the Act thirty-first Victoria first recited in this Act had not been passed.

SCHEDULES.

Newcastle Pasturage Reserve (Railways) Resumption 207

Act.

George V,

S C H E D U L E S .	No. 13.
SCHEDULE A.

X ew L ambtok K a i i .w at .

Description.

Parisli of Newcastle, county of Northmnberlaml, and State of New South Wales : All that piece and parcel of land commencing at the intersection of the south side of Jtussell-road by the New Lambton railway, and following that railway in generally northerly and north­ easterly directions to its intersection by a north-eastern boundary of portion No. 1,502, proposed to be dedicated as the Newcastle District F.ark,— being gencrall}' of a rectangular width of two chains, and known as part of the New Lambton railway.

SCHEDULE B.

H aiiti .ky A'ai.k C oi .m e h y E a ilw a y .

Description.

Parish of Newcastle, county of Northumberland, and State of New South Wales; All that piece and parcel of land commencing at the intersection of the east boundary of the Waratah Coal Company’s measured portion No. 837 of 22t) acres 2 roods and of the north boundary of Thomas Adams’ measured portion No. 178 of 5d acres by the Hartley Yale Colliery railway, following that railway in generally north-easterly and northerly directions to its intersection by the northern boundary of portion No. 1,504;,—being generally of a rectangular width of two chains, c.xcept at and about the C and D pits, where for a length of thirty chains at each pit, the width may be five chains, and known as part of the Hartley Vale Colliery railway.

SCHEDULE C.

A usthaeasia Coae C om pany’s Ba iew a y .

Description.

Parish of Newcastle, county of Northumberland, and State of New South \\'ales : -Ml that piece and parcel of land connnencing at the intcr.section of the south .side of Bussell road by the Australasia Coal Company’s railway, following that railway in a north-easterly direction to its intersection cjf the, western building liiuiof Tocal-road,— being generally of a rectangular width of one chain or si.xtv-six feet, and known as part of the Australasia Coal Company’s railway. Also all that piece and parcel of land within the boundaries of portion three hundred and thirty-seven, ami extending generally in a north-easterly direction between tbe southernmost ami northernmost boundaries of that portion, and being about one chain wide, and known as part of the Australasia Coal Company's railway.

SCHEDULE

2 0 8              Newcastle Pasturage Reserve (Railways) Resumption

Act.

George V,

No. 13. SCHEDULE D.

W aratah C oal C ompany’s R ailway’, N orth-W estern B ranch.

Parish of Newcastle, county of Northumberland, and State of New South Wale.s. All those pieces or parcels of land comprised within, firstly, that part of the north-western branch of tlie railway constructed under authority of the Waratah Coal Companj-’s Act,38 Victoria; (1875): Commencing on the eastern boundary of that Company’s 19.5J acres grant, portion 5a, and extending south-easterly therefrom about 59 chains to its junction with the original main line of railway constructed under authority of Act 27 Victoriie (1863); and secondly, that part of the original main railway commencing on the south-eastern boundary of the Waratah Coal Company s 40 acres grant, portion 260, and extending therefrom generally south-easterly and north-easterly about 50 chains to the north-western boundary of the south-rvestern branch of the railway constructed under the Act 38 Victoria; (1875),aforesaid ; both parcels having a rectangular width of 99 feet, aud known as parts of the old Waratah Coal Company’s railways.

SCHEDULE E.

H artley	A'ale	Co l lie ry	R a ilw a y .
Part I.

Description.

Parish of Newcastle, county of Northumberland, and State of New South AVales ; All that ])iece and parcel of land commencing at the intersection of the east boundaiy of the Waratah Coal Company’s measured jiortion No. .3.37 of 229 acres 2 roods and of the north boundary of Thomas Adams’ measured portion No. 178 of 54 acres by the Hartley Vale railway, following that railway in a generally north­ easterly direction to its intersection by south-eastern boundary of the Great Northern railway, —being generally of a rectangular width of two chains, except at and about the C and D ])its, where for a length of thirty chains at each pit the breadth is about five chains, and known as part of the Hartley A'ale Colliery railway.

Part II.

Description.

Parish of Newcastle, county of Northumberland, and State of New South Wales: All that piece aud parcel of land commencing at the intersection of north-western boundary of the Great Northern railway by the Hartley Vale Colliery railway, following that raihvay in a generally northerly direction to its intersection with the south-eastern boundary of the area resumed (vide Gazette, I t th May, 1895) from the Australasia Coal Company’s railway,— being generally of a rectangular width of two chains, and known as a part of the Hartley Vale Colliery railway.

Part

Newcastle Pasturage Reserve (Railways) Resumption 209

(Act.

George V,

Part II I . No. 13.

Description.

Parish of Newcastle, county of Northumberland, and State of New South Wales : All that piece and parcel of land commencing at the intersection of the north-western boundary of the area resumed from the Australasia Coal Company’s raihvay (vide Gazette, 1 tth May, 1895) hy the Hartley Vale railway, following that railway in a generally northerly direction to its intersection of the north boundary of portion 1,504,— being generally of a rectangular width of two chains, and known as a ]>art of the Hartley Vale Colliery railway.

SCHEDULE F.

A ustralasia C oal CoiiPAUT’s E a ilw a y .

Part 1.

Description.

Parish of Newcastle, county of Northumberland, and State of New South Wales : All that piece aud parcel of land commencing at the intersection of the south side of Eussell-road by the Australasia Coal Company’s railway, following that railway in a north-ea.sterly direction to its intersection of the western building line of Tocal- road,—being generalh" of a rectangular width of one chain or si.\ty-six feet, and known as part of the Australasia Coal Company’s railway.

Part II.

Description.

Pai'ish of Newcastle, county of Northumberland, State of Now South Wales : All that piece and parcel of land within the boundaries of portion 337, and extending generally in a north-easterly direction between the southernmost and northernmost boundaries of that portion, and being about one chain wide, and known as part of the Australasia Coal Company’s railway. Plan N. 45fr-2,111, Lands Depiartment.

LOAN