Tramways Extension Act 1880 No 11a (NSW)

No. XXV.

An Act to authorise the construction and maintenance of Tramways along certain Streets and Highways in the City and Suburbs of Svdney and elsewhere. [28th April, 1880.]

or

^ T H E R E A S i t would be for t h e publ ic convenience to establish a

f V sys tem of T ramways a long cer ta in rou tes in Sydney and t h e

Suburbs thereof a n d from poin ts on any Governmen t Ra i lway to places w i th in modera t e distances therefrom as well as for o ther purposes Be it therefore enacted by t h e Queen ' s Mos t Exce l l en t Majesty by a n d wi th t h e advice and consent of t h e Legis la t ive Counci l and Legis la t ive

Assembly of N e w South W a l e s in P a r l i a m e n t assembled and b y

au thor i ty of t h e same as follows :—

1. T h e A c t for ty-second Victor ia n u m b e r e ighteen k n o w n as t h e

" R e d f e r n to H u n t e r - s t r e e t T r a m w a y A c t of 1879 " is he reby repealed

Such repeal shal l not prejudice or affect a n y t h i n g done or commenced

or cont rac ted to be done u n d e r t h e au thor i ty of t he said A c t b u t t he same m a y be carried out and cont inued unde r the provisions of th is Act .

2. T ramways for conveying passengers and the i r l uggage and other soods and merchandise shall be cons t ruc ted as soon as con- venient ly may be a long the several routes set for th in t he F i r s t and Thi rd Schedules here to as well as a long any other rou t e or routes wi th in t h e ci ty of Sydney and t h e Suburbs thereof which m a y be approved by t h e Governor wi th t he advice of t h e Execu t ive Council

no tw i th s t and ing a n y t h i n g to t h e cont rary conta ined in or implied by

t h e " Sydney Corporat ion A c t of 1879 "	t he " Municipal i t ies A c t	of
1867 " or any o the r A c t whatsoever .

3.    The t r a m w a y described in t h e Second Schedule here to and all

bui ldings offices and works connected the rewi th cons t ruc ted u n d e r t h e

au thor i ty of t h e A c t hereby repealed shall be main ta ined and worked

by the Commissioner unde r t h e au thor i ty of th is A c t who for t h a t purpose shal l and m a y exercise all t he powers a n d author i t ies and incur all t he obligations respectively conferred and imposed upon h i m by this A c t and the Ac t incorporated he rewi th wi th reference to t r a m w a y s to be const ructed the reunde r A n d t h e presen t tolls or tariff of charges appointed by t h e said Commissioner as approved by t h e Governor wi th t h e advice of t he Execu t i ve Counci l shall be and cont inue to be in full force and effect for a n d u p o n such t r a mw ay unt i l t h e same shall be duly al tered or amended by the l ike au thor i ty .

4. T ramways for t h e purposes ment ioned in t h e second section

hereof m a y be const ructed as hereinafter provided from points a long the line of any Gove rnmen t Ra i lway to places dis tant not more t h a n fifty miles theref rom or from any o the r po in t or place whatsoever to any quar ry or o ther work ings for t he purpose of p rocur ing

mater ia l s for t he const ruct ion or ma in t enance of a n y t r a m w a y

author ized by th is A c t or t h e Act forty-second Victoria n u m b e r e igh teen or for any o ther purpose whatsoever whenever t h e Governor wi th t h e advice of t h e Executive; Counci l shal l de te rmine to cons t ruct t he same A n d in every such case copies of t he p lans and books of refer­ ence of t h e rou te which such t r amw a y is in tended to follow shall be from t ime to t ime prepared and laid before Pa r l i amen t and whenever such plans and books of reference shall have been approved of by a resolut ion of bo th Houses it shal l be lawful for t he Governor w i th t he advice of t he Execu t ive Council to commence and comple te such t r a m w a y or l ines of t r a m w a y w i t h all proper works and conveniences connected the rewi th in accordance wi th such resolut ions.

5. The Commissioner for Ra i lways shall be charged wi th t he

cons t ruc t ion comple t ion and ma in t enance of all t r amways const ructed

or ma in ta ined u n d e r th is A c t and shall have power to impose a n d enforce tolls or charges for t h e carr iage of passengers l uggage and goods by or a long any such t r a m w a y and shall have and m a y exercise all such powers and author i t ies created by the A c t twenty-second Victoria n u m b e r n ine t een as are necessary for fully carrying in to effect the purposes of th is A c t and shall be subject to a l l t h e l ike rules regula t ions liabilities a n d obligat ions in relat ion the re to as he is subject to in* respect of rai lways by the said A c t so far as t h e same are appl icable to such purposes A n d except as here in expressly enac ted all o ther t he provisions of t he said Ac t applicable to t he con­ s t ruc t ion complet ion m a n a g e m e n t main tenance conduc t and work ing of and to t h e imposing of tolls or charges for t he conveyance of passen­ gers goods or chat te ls and general ly to the regula t ion of t h e lines of ra i lway to be cons t ruc ted the reunde r shall so far as applicable as aforesaid apply to t he const ruct ion complet ion m a n a g e m e n t ma in ­ tenance conduc t working imposit ion of charges for and regula t ion of

t he t r amways to be const ructed u n d e r this Ac t .

6. The Commissioner for t h e purposes of th is Ac t shal l have all necessary r i gh t s of ingress a n d egress in to and over t h e surface of any s treet road h ighway or thoroughfare proclaimed reserved or dedicated for t h e use of t h e publ ic or subject to any publ ic easement over wh ich a n y such t r a m w a y shall pass as are requi red for t h e con­

s t ruc t ion repai r complet ion and use thereof Provided t h a t n o t h i n g

here in contained shall i m p a i r or be held to impa i r the lawful au tho r i t y of t h e Munic ipa l Counci l of t h e City of Sydney or of t h e Counci l of a n y Munic ipa l i ty or of any o ther Corporat ion company or person to m a k e all entr ies and exercise all o ther powers necessary for t h e con­ s t ruct ion ma in t enance and preservat ion of gas-works water -works sewerage-works and other works lawfully const ructed unde rg round in such streets roads h ighways or thoroughfares a long which any such

t r a m w a y shall pass.

7. Subject to t he provisions of t h e n e x t following section t h e

Commissioner for t h e purposes of this A c t shall have all necessary r igh t s to en t e r upon and r e sume t h e lands and grounds of a n y person whomsoever subject to t he same condit ions in respect of compensat ion and to all o ther provisions and regula t ions as u n d e r t he provisions of t h e Ac t twenty-second Victoria n u m b e r n ine teen are appl icable to t he

r e sumpt ion of land for ra i lway purposes.

8. I n t h e cons t ruc t ion and for t he purposes of any t r a m w a y

author ized unde r th is A c t any necessary deviat ion m a y be m a d e a n d

any such t r a m w a y m a y be carried a long and over any por t ion of land in te rven ing be tween or adjoining any streets roads or lines ment ioned in t h e F i r s t or Thi rd Schedules here to subject however in t h e case of deviat ions or extensions pass ing over any lands not be ing por t ions of lands which have been granted reserved or dedicated for t h e purposes of a p a r k race-course or place of publ ic recreat ion or o ther pub l i c purpose or wh ich are held b y any munic ipa l or o ther corporat ion for any such purpose to compensat ion in respect thereof p u r s u a n t to t h e

provisions of t h e Gove rnmen t Ra i lway A c t incorporated herewi th .

9. The gauge of any t r a m w a y cons t ruc ted unde r th i s A c t shal l

not exceed four feet e ight a n d one half inches.

10. The t r a m w a y s shall in every case a n d t h r o u g h o u t the i r

course be laid a t or about t he genera l level of t h e streets a n d	h igh­
ways a long which t h e y arc to be constructed b u t t h e	Commissioner

m a y w i t h t h e consent of or by m u t u a l ag reement w i th t he Mun ic ipa l Council in which is vested the control and m a n a g e m e n t of any s treet or h ighway a l te r a n d improve the levels thereof Provided t h a t all reason­

able expenses incur red in t h e re-formation of the said streets or roads

so a l tered and improved shal l be borne by the Commissioner for Ra i lways unless otherwise agreed u p o n .

1 1 .    The Commissioner shall ma in t a in in perfect order and repair

t h e said t r amways and t h e pavement s of t h e same be tween t h e rai ls of t h e said tramw r ays and for t h e space of one foot and six inches on e i ther side of such rails.

12. The Commissioner shall immediate ly repair any damage which m a y du r ing or by reason of t h e cons t ruc t ion of t he said t r amways be occasioned to a n y sewer or dra in or gas or water m a i n a"nd shall also repair all damages which m a y be occasioned by the work ing of t he said t r a m w a y s .

1 3 . I t shall be lawful for the Commissioner to erec t bu i ld ings

or o ther s t ruc tu res for t he purposes of	t h e said	t r a m w a y s a n d	to con­
st ruct lines of approach there to .

1 1 . This A c t m a y be cited as t h e " Tramways Ex tens ion A c t

1 8 8 0 " a n d in order to give full effect to t h e m e a n i n g and in t en t

thereof t h e provisions conta ined in t h e A c t twenty-second Victoria

n u m b e r n ine teen general ly k n o w n and cited as " The Gove rnmen t

Rai lways

Railways Act" shall for the purpose of resuming or taking lands ascer­ taining the compensation to be paid therefor or in respect of any injury or damage caused by such resumption or taking or by the construction or working of any tramway under this Act and for the purpose of taking any proceedings or exercising any power or authority what­ soever or ascertaining any liability in connection therewith be deemed to be incorporated with this Act as if the same had been enacted herein and in lieu of the word "Railway" wheresoever occurring in the Act so declared to be incorporated herewith the word "Tramway " shall for the purposes aforesaid be deemed to be substituted.

SCHEDULES.

F I R S T S C H E D U L E .

No. 1. A line to commence in Elizabeth-street at Hunter-street then passing along Elizabeth-street Liverpool-street Oxford-street and Old South Head Road and terminating in this road at or about Moncur-street.

No. 2. A line to branch off the line in Oxford-street thence passing along Crown- street and Cleveland-street and terminating at Randwick Road.

No. 3. A line branching off the line at Darlinghurst then passing along Botany- street Randwick Road and Avoca-street and terminating in this street in Fandwick.

No. 4. A line to branch off the line at Darlinghurst then passing along Darling­

hurst Road and terminating opposite William-street.
No. 5. A line to branch off the lino at Paddington thence passing along Piper- street and Upper Ocean-street and terminating at Woollahra.
No. G. A line to be a continuation of line No. 1 to commence at Paddington then passing along Old South Head Road Brisbane-street and Cowper-street and terminating at Charring Cross "Waverley.
No. 7. A line to commence in York-street at Charlotte Place then passing along York-street through Druitt-street and along George-street across the Railway Bridge and along Parramatta-street and terminating at the Glebe.
No. 8. A line to branch off the line in Parramatta-street then passing along
Regent-street Botany-street and Botany Road and terminating at the Toll-bar Waterloo.
No. 9. A lino to commence at the Glebe branching off the line No. 7 then passing

along Newtown New Road Newtown Road across Railway Bridge Newtown along the

Enmore Road towards Marrickville and terminating in that Municipality.

No. 10. A line to commence at the Glebe at the termination of line No. 7 then passing along the Glebe Point Road and terminating in this road at the Glebe Point.

No. 11. A line to commence at the Railway Station Campbelltown passing along the Camden Road through the township of Narellan across the Camden Bridge and terminating in the town of Camden.

S E C O N D S C H E D U L E .

The line commencing from the Redfern Terminus of the Southern Railway and passing along Pitt-street to Belmore Gardens thence across those Gardens to Elizabeth street and thence along Elizabeth-street to Hunter-street.

D T H I R D

T H I R D S C H E D U L E .

No . 1. A line to branch off line No . 7 in Parramatta-street then passing along Harris-street and terminating at the intersection of this street with John-street at Pyrinont.

N o . 2. A line branching off line N o . 9 at the Railway Bridge Newtown and then
passing along Cook's River Road and terminating at Cook's River parish of St. Peters.
N o . 3. A line to commence at the termination of line No . 8 in "Waterloo then

passing along the Botany Road and terminating at a place called Banks Meadows at

Botany Bay.

No . 4. A line to branch off the Glebe Point line No . 10 and then passing through the suburb of Forest Lodge and terminating at Camperdown.