Redhead Coal-mine Railway Act Amending Act of 1889 (NSW)

Soittf) 2HaIcs.

ANNO QUADUAGESIMO TEIiTIO

VICTORIA] REGI N

An A ct to am end th e “ lled lica d C oal-m ine rkdkeat, coal .

R ailw ay A ct o f 1883.” [2h^^ Deceiuher, a t t a m e n d i n g .

1889.] “

A I71TE11EAS by an Act intitul('(l the “Redhead Coal-mine RaUicay vrî .̂mWa.

A ct (^1883 ” tlio “ Picdlicad Coal-minin" Company (Limited) ” was emj)Owered to construct and Avoi'k a raihvay from the land of the said Company therein mentioned to the Great Northern Kail way : And whereas by the “ Kedhead Coal-mine Eaihvay Act Extension Act of 1888 ” the period of time limited by the first-mentioned Act for the construction of the said raihvay, and for bringing the same into use, was extended for a further period of live years : And whereas it would be advairtageous to the said Company, and to the persons usiirg the said railway, that certain deviations should be made iirthe route of the said railway, arrd that certain alterations should be made in the site for the same, and that such railway should be extended to the shores of Lake Macquarie, and that a branch of such railway should be con­ structed from the said railway to the pit of the South Burwood Coal Company. And for such reasons it is desirable that the said Company be empowered, subject to the provisions of the said Acts, to make and

VV

construct

53° VIC. 1889.

Redhead Coal-mine Railway A ct Amending.

construct the said railway as aforesaid. And whereas it is expedient that power should he conferred on the said Company to carry passengers and live stock on the said railway, and to recover tolls and dues for the same: Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Coiincil and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

Authority lo	1. I t shall be lawful for the said Company, subject to and in
construct raihvay

from shore of Lake	accordance witli the proA'isions of the “ llcclhead Coal-mine Railway
Macquarie to join	Act of 1883 ” and the “ Redhead Coal-mine Railway Act Extension
railway previously
authorized.	Act of 1888,” to make and construct a raih ay from the northern shore of the entrance to Lake Macquarie to the southern boundai’y of its land situate in the parish of Kahibah, county of Northumberland, in the Colony of New South Wales ; and tlience from that boundary to join the line of railAA'ay authorised by the “ Redhead Coal-mine Railway Act of 1883,” but such last-mentioned line shall be in substitution and lieu of so much of the line of the railway authorized by the said Act as lies between the said boundary of the said Company’s land and the said point of junction. The said railway shall commence at a point on the railAA'ay line to the breakAvater on tlic northern shore of the entrance to Lake Macquarie; thence through reclaimed land ; thence through allotments four and five of section three of tlic village of Kahihah ; thence through allotments one, tAA'o, three, and four of section four, and across Victoria-street, and through allotment six of section seven of the said village; thence through allotments four, three, two, and ten of section six of the said Aullage, and across a lane; thence across Albert-street, and through an unnumbered section, and across Newcastle-street; thence through another unnumbered section, and across Macquarie-street; thence through reserve number one hundred and seventy-three to the southern boundary at the Redhead Company’s land; thence through that laud to the northern boundary of the said land; thence through jAortion one hundred and tliirteen of CroAA ii Lands, held under mineral lease by the Scottish Australian iMining Company; thence throug-h Avater resen^e luimber four, held under mineral lease by the said last-mentioned company; thence through portion one hundred and fifteen, held under mineral lease by that company; thence tlirough water reserve number four aforesaid; thence through portion 9 0 a , the property of the said last-mentioned company; thence through portion number one huudred and fifteen aforesaid; thence tlirough portion number one hundred and fourteen, held under mineral lease by the said last-mentioiK'd company ; thence to the southern boundary of portion one hundred and ten, the property of the “ Waratah Coal Company (Limited),” to join the line authorized by section one of the “ Rt'dhead Coal-mine Railway Act of 1883,” such railway to be in the direction described in Schedule A hereto ; Provided that the lino of railAA'ay shall be at a distance of not less than tAVclvc chains from the Scottish Australian Mining Company’s Durham Colliery sm*eens, situated on portion number one hundred and thirteen, Avith at least three' openings of tAventy-six feet span each.
Authority to

construct branch 2. It shall be laAA'ful for the said Company, in accordance Avith

railway. the jirovisions of the beforcmentioned Acts, to make and construct a branch raihvaj'' from a point near the pit of the “ South BurAVOod Coal Company (Limiti'd) ” to join the railAAaay hereinbefore authorized by the “ Redhead Coal-mine RailAA'ay Act of 1883 ” and this Act. Sucli branch railAA'ay shall commence near the pit of the South BurAVOod Coal Company and near the southern boundary of Walter Bailey’s forty-acre block ; thence through "Walter Jlailey’s forty-acre northern block ; thence through, portion numlx'r sixtv-fivc, the property of

' ̂ T.

1889.   53° VIC.

Itedhead Goal-mine llaihcay A ct Amending.

T. G. Alcock; thence through portion numher twenty-two, the property of .Vlcock and others; thence through Crown Lands, being portion number one hundred and fourteen, held under mineral lease by the “ South Burwood Coal Company (Limited)” ; thence througli portion number twenty-two aforesaid ; thence through portion numher twenty-one, tlic property of E. C. Mcrewethcr, to join the railway authorized as aforesaid, such branch railway to be in the direction described in Schedule B hereto.

3.               Notwithstanding anything contained in section one of tlic Brcadiiiofiundtobo

“ Bedhead Coal-mine Bailway Act of 1S83” it shall be lawful for the said Company to take and occupy land along the site of the railways authorized by this Act, liaving,a breadth of not less than sixty-six foot and not greater than one hundred and thirty-two feet.

4‘. The provisions of the “ Bedhead Coal-mine Bail way Act of ProTisions of original

18S3” and tin? “ Bedhead Coal-mine Bailway Act Extension Act of

1S(SS” shall a])])ly to the railways authorized by this Act to be made autiiorized.

and constructed, and to all sites for the same, and to all owners of the

ground or soil of such sitirs. And all the jirovisions of the first-

mentioned Acts shall he hlnding on the said Company and upon all

other persons as if the said railways were authorized by such first-

mentioned Acts. And nothing in this Act contained shall prejudice

or alfcet any rights acipiircd or things done under the said Act.

5. I t shall be lawful for but not compulsory upon the said Company from time to time and at all times to carry passengers and live stock upon the said railways or cither of them or any part thereof respectively, and to make, demand, take, I’cceive, and recover such tolls and dues for carrying the same at such rates per mile or other scale of charges as shall be established from time to time by the said Company for or in respect of all such passengers and live stock which shall be so carried as aforesaid. The said Coiupany is hereby authorized to make such by-laws and regulations as may be deemed necessary for regulating such traffic, and for cuforcing and recovering such tolls and diu's; and such by-laws and regulations, upon a})proval of the Governor and Executive Council, shall be binding upon all persons using or travelling upon the said railways. Any person offending against such by-huvs or rc'guhitions shall be liable to a fine not exceeding ten pounds for each offence, to be recovered in a summary way before any two Justices of the Peace assembled and acting together in Petty Sessions. ™''T

0. The said Company shall be responsible for all injuries caused niabiiiî of Company

by the improper or ncgligout construction, maintenance, or working of the said railway, and all claims in respect of such negligence or improper conduct may he enforced against the said Company: Provided that the damages which may be recovered against the said Company in respect of any such claim shall in addition to all other remedies for their recovery be a first charge upon the tolls, fares, or charges chargi'd for the carriage of passengers and goods on the said railway and upon all pro])crty used in and uj)on and necessary for the working of tin; said railway.

7. This Act may, for all purposes, be cited as the “ Bedhead siiou tiCo

Coal-mine Eaihvay Act Amending Act of 1889.”

SCIIEDPLE A.

53" VIC. 1889.

§ Hedhead Coal-mine Raikcay Act Amending.

SCHEDULE A. '

Commencing at a point in the parish of Kahibah, county of Northumberland, on the railway line, to the breakwater on the northern shore of the entrance to Lake Macquarie, commonly known as Amos’ line; thence on a curve towards the east and north through reclaimed land to the south-eastern corner of allotment four of section three of the village of Kahibah : thence through such corner and through allotment number live of the said section; thence across Adams-strect and through allotments one, tw'o, three, and four of section four ; thence across Victoria-street and through the south-eastern corner of allotment number six of section seven to a point at tho end of the said curve in Collins-street; thence by a straight line bearing northerly across Collins-street and through allotments four, three, and two of section six ; thence across a lane in that section and through allotment ten of that section ; thence across Albert- street and through the south-eastern corner of an unnumbered section, across Newcastle- street and through another unnumbered sectipn, across Macquarie-street to the north­ western boundary of the said village ; thence bearing northerly through tho reserve for pasturage number one hundred and thirty-seven, the southern boundary of portion number one hundred and forty-four, the property of the “ Eedhead Coal-mining Company (Limited)^’; thence northerly and north-easterly through the said portion and portions one hundred and forty-three, one hundred and forty-two, one hundred and forty-one, one hundred and forty, one hundred and twenty-five, one hundred and twenty-four, one hundred and eighteen, seventy-three, and one hundred and seventeen, the property ot the said Company, to the northern boundary of the last-mentioned portion; thence bearing north-eas-terly through portion one-hundred and thirteen, Crown Lands held under mineral lease by the Scottish Australian Mining Company, to tho northern boundary of the said portion ; thence bearing north-easterly and north-westerly through the water reserve number four, held under mineral lease by the said company, to the western boundary of the same; thence by a curve through portion one hundred and fifteen, Crown Lands held under mineral lease by the said company, to the eastern boundary of the same; thence by line bearing north-easterhr and by a curve through th.o said tvater reserve number four to the southern boundary of portion 90a, the property of the said company ; thence on a curve and by a line bearing north-westerly and on a curve to the northern boundary of the said portion; thence by a line bearing north-westerly through the said portion one hundred and fifteen to the northern boundary of the same; thence north-westerly, north-eastcrljq and northerly through portion one hundred and fourteen. Crown Lands held under mineral lease by the said company, to the southern boundary of portion one hundred and ten, the property of the AVaratah Coal Company, to join tho line authorized by the “ Kedhead Coal-mine Eaihvay Act of 1883,” at a point about three miles seventy chains from the junction of the said raihvay with the Great Northern Eaihvay.

SCHEDULE B.

Commencing at a point near the pit of the South Burwood Coal Company and near the southern boundary of AValter Bailey’s forty-acre block; thence by a line bearing north-easterly through AValter Bailey’s forty-acre northern block to the western boundary of the same; thence north-w'estcrly through T. G. Alcock’s portion number sixty-five to the northern boundary of the same; thence bearing north-westerly and north-easterly through portion number twenty-two, the ])ropcrty of Alcock aird others, to the western boundary of the same; thence by a curve and north-easterly through portion number one hundred and fourteen, Crown Lands held under mineral lease by the South Burwood Coal Company, to the eastern boundary of the same; thence north­ easterly through the said portion twenty-twm to the northern boundary of the same; thence north-easterly and north-westerly through portion tw'ent}'-one, the property of E. C. Llerevvcther, to join the lino authorized by the “ Eedhead Coal-mine Eailway Act of 1883,” at a point about two miles fifty chains from the junction of the said railway with the Great Northern Eailway.