Victorian Coal-mining Company's Act of 1884 No vcm (NSW)
| yicTOKiAN Coal- ^ | t o | authorixe the coiistriictioii and |
| M l.M N O | C O M I’A N I | S |
| (No. a). | maintenance of a line of railway from land at Mount Kembla to the sea-coast at Port Kembla near Eed Point near Wollom> oni»*. [29^/i August^ 1884.] |
| Preamble. | "V l^IIE aE A S Thomas Saywell merchant of Sydney New South W Wales his heirs and assigns trading as the Victorian Coal |
| mining Company hereinafter designated the Company is aliout to 0])en coal-mines on land situate iiearMount Eenihla in the County of Camden and is desirous of constructing a railway from tlie said coal-mines to the sea-coast at lied Point through certain private lands referred to in the Schedule to this Act hut sucli railway cannot he made Avithout Legislative authority And whereas the said coal-mines are likely to prove heneticial to the Colony and the public are concerned in promoting such an increase in the facilities for the supply of coal for local consumption steam navigation and export as Avould result from tlic construction of the said projiost'd raihvay it is therefore desirahle to authorize liy Legislatn'C enactment the construction of the said raihvay subject to the proA'isions licreinafter contained upon payment of compensation to tlie se\'cral parties through Avhosc lands the same shall pass for such portions of their respective lands as may be required to be used or occnT)ied therebA' Pe it therefore enacted bv the Queem’s |
| ' | ’ | Most |
| 1884. | 48“ VIC. | 101 |
Victorian Coal-mining Company’’s (No. 2).
Most Excellent Majesty by and with the advice and consc'iit of llio Legislative Council and Legislative Assembly of New South Males in Parliament assembled and by the authority of the same as folloAvs :—
1. I t shall be lawful for tin; Company to make and construct a Antiiority to
railway from lands belonging to the Company through lands belonging Coal and Oil Company to the Avaters of the Pacific Ocean more particularly described in the Eirst Schedule hereto and to take and use so much of the said lands as the said Company may require for the purpose of such raihvay in the line described in the Eirst Schedule hereto not exceeding in any part thereof a greater space in breadth than sixty-six feet including the supports abutments and foundations of the said railway hut as to the lands specified in the agreement in the Second Schedule herido (parcel of the lands in the Eirst Sclu'diilc only upon the terms and conditions therein contained ProA'ided that tlie said raihvay shall ho constructed and brought into use Avithin the tinan of three years from the passing of this Act and that in default thereof or if after its completion the said raihvay shall cease to he used for tlirec years continuously all the said lands and all the said Company’s interest and estate therein shall rcA'crt AA’ithout any con veyance to the original OAvners thereof their heirs and assigns.
to Messrs. Matthew llccn M‘Loy EarrahcrBlackmanO’Bricnli.IVaples thes,a-coast.
2. It shall he laAvful for the said Company to construct at the Power in construct
terminus of the said raihvay at lied Point aforesaid such AA’harf or AAdiarvcs jetty or jetties and pier or piers as the said Comjiany may think necessary for the purpose of shipping the products of the said mines Pro Added that no part of any such Avharf or jetty shall approach Avithin one thousand tAvo hundred feet of any part of the existing ])ier belonging to the “ Alount Kembla Coal and Oil Comjiany (Limited).”
3. So much of the lands of the said OAvniu’s or other persons Pands vested in tiio
| (other than those lands mentioned and referred to in the said agree- | wiUimit |
conveyance.
ment in the said Second Schedule hereto) as shall he taken or Tisi'd by the Company under the provisions of this Act for the purpose of the said raihvay Avith such right of ingress egress and regri'ss upon the adjacent lands as may he necessary for the making and repair of the said raihvay shall by virtue of this Act and Avith.out the necessity of any conveyance he A'ested in the Company Provided that if in the exercise of the poAvers hereby granted it he found necessary to cross-cut through raise sink shut or use any part of any road Avhether carriage road or horse road so as to rendi'r it impassable or dangerous or incouAumient to tlu' persons I'utitled to the use thereof or to divert the course or direction of any creek or Avatcrcourso the Company shall before the commencement of any such operations cause a sulficient road or ncAV creek or Avatercourse to Im' made instead of any road or creek or Avatercourse interfered Avitli and shall at tlu'ir OAAm expense maintain such substituted road in a state as conA^enient as tlie road interfered Avith or as nearly as may he .Vnd the Comjiany before they use the said lands for any of the purjioses aforesaid shall if required so to do separate the same by a sullicient fence from the land adjoining thereto Avith such gates as may he required for the convenient occupation of such land and shall also to all private roads used by them as aforesaid put up fences and gati's in like manner in all cases Avhcrc the same may he necessary to pri'vimt the straying of cattle from or upon the lands traversed by such roads and in case of any difference hetAveen the OAvners or occupiers of such roads and lands and the Company as to the necessity for such fences and gates such fences and gates shall he putuji by the Conqiany as two Justices of the Peace shall deem necessary for the puiqioses aforesaid
| on application being made to them. | 4. |
| 102 | 4-8° VIO. | 1884. |
Victorian Coal-minimj Compani/s (No. 2).
| Eailway open to tlie | 4. | The railway shall be at all times open to the public upon |
| public. | payment of a toll to the Company of twopence per ton per mile in respect of every ton of "oocls for every transit the party seeking transit supplying and loading his own trucks or waggons and the Company supplying locomotive power (being thereunto required by the party seeking transit twenty-four hours at least previously) And such supply of locomotive power shall not be compulsory on the Company unless the party seeking transit guarantee and bring one hundred tons at the least during the twelve working hours to he mentionc'd in such notice But it shall he compidsory on tlie Company to carry any quantity not less than forty tons if the locomotive be actually at work and all trucks when empty shall be conveyed on their return free of cost The railway shall he at all times open to the public upon payment of a toll to the Company of one penny per ton per mile in respect of every ton of goods for every transit if the party seeking transit supply the locomotive power as well as trucks or waggons Provided that so long as the Company shall supply locomotive power no other person shall use loco motive; power on the line Provided that if the raihvay shall he damaged by parties who shall themselves use the railway for transit and supply locomotive power the Company .shall he entitled to compensation for such damage to he recovered cither by action in the Supremo Court of New South Wales or if such damage do not exceed the sum of twenty pounds summarily before two Justices and in estimating such damage the Company shall be entitled not only to compensation for the cost of repairing and restoring the railway but to the consequential damage (if any) sustained by reason of the suspension of transit or otherwise After the railway shall have been opened for transit the Company shall continue to provide the locomotive power required for using the same (accidents excepted) until twenty-(;iglit days notice shall have been given by them by advertisement in the New South Wales Government Gazette that tlicy intend after the expiration of a day to be named in such notice; to suspend or discontinue working the railway or supplying the necessary locomotive power thereon whereupon it shall be lawfid for any person entitled to use the railway to provide locomotive powt'r such person paying the toll hereinbefore mentioned to be payable in such event Provided that any person intcr(;sted in using the i-ailway upon giving to the Company three calendar months notice in Avriting of his intention so to do may nrake application to the ExecutiA'e Council of New South Wales to reduce the tolls limited by this Act and to create a new scale applicable to the traffic on the said railway such new scale being below the scale limited by this Act and it shall thereupon be lawful for the said Council to reduce the tolls as in the judgment of the said Council shall be reasonable Provided tliat the clear divisible profits of the railway shall be annually made good to the Company by the persons using the said raihvay at the rate of tAventy pounds; for every one hundred pounds by the year of the capital proved by the Company to have been expended by them in or about the construction of the raihvay after debiting'the raihvay Avith the cost of maintaining the line in proper Avorking order and crediting the railway with the carriage obtained by the Company at the rate aforesaid. |
| Branch railways. | 5. | I t shall be laAvful for the OAvners or occupiers of the lands |
traversed by the said railway to lay down upon their OAvn lands any collateral branches of raihvays to communicate Avith the said railway for the purpose of bringing carriages to or from or upon the said rail way and the Company shall if required at the expense of such (uvnei’s or occupi(;rs make openings in the rails and such additional railways as may be necessary for elfecting such communication in places Avherc the communication can be made Avith safety to the public and Avitlnmt injury to the said railway and Avithont inconvenience to tin; tratffc
thereupon
| 1884 | 48° VIC. | 103 |
Victorian Coal-mininy Companij’s (No. 2.)
thercuj)on and the Company shall not take any rate or toll or other moneys for the j)assing of any passengers goods or other things along any branch so to he made hy any such owiicr or occupif'r or other person hut this enactment shall he subject to the following restrictions and conditions (that is to say)—
The Company shall not ho hound to mak(! any such openings in any place which they shall have set apart for any specific purpose with which such communication Avould interfere nor upon any bridge nor in any tunnel.
The persons making or using such branch railways shall he subject to all by-laws and regulations of the Company from time to time made with respect to passing upon or crossing the I’ailways and otherwise and the persons making or using such branch railways shall he hound to construct and from time to tinu' as need may reipiire to renew the off-set slates and switches according to the most approved plan adopted hy the Company under the direction of their engineer.
0. It shall he lawful for hut not compulsory upon the said Ei{;huoo!irry
Company from time to time and at any and all times to carry passengers
and live stock upon the said railways or any part thereof r(!sj)cctiv('ly
and to make demand take receive and recover such tolls or dues for
carrying the same at such rates per mile or other scale of charges as
| shall h(! established from time totinu; hy tlu; Directors of the; Company | ■ |
| for or in respect of all such passengers and live stock which shall he. | |
| conveyi'd or transported upon such railways or either of them or any | |
| part thereof respectividy .Vnd the Directors are hereby authoiized to | |
| make such by-laws and regulations not inconsistent with this Act as | |
| may he necessary for the regulation of such traffic and such bŷ -laAvs or | |
| regulations shall he binding upon all persons using or travelling upon | |
| the said railways and any persons olfending against such by-laws or |
| regulations shall he liable to a tine not exceeding tmi pounds for each | ' |
| offence to Ik ; recoveri'd in a summary way before any two Justices Provided always that if the rates tolls or dues that may he established as aforesaid under and hy virtue of this Act shall he found (‘xcessivc it shall and may he lawful for the Executive Council to reduce the said rates tolls or dues and to revises tlumi in such manner as may seem most proper and advisahh; ^Vnd it is hereby provided that nothing in this Act contained shall extend tochargeor malodiahlc the said Company further or in any otlu'r case than where according to the laws of this Colony stagcvcoach proprietors and common carriers would he liable nor shall extend in any dc'gree to deprive the said Company of any protection or privilege which common carriers or stagc-(;oach proprictoi's may ho entitled to hut on the contrary the Company shall at all times he entith'd to tin; henellt of every such protection and privilege;. |
7. Eor the purposes and subject to the provisions hereinafter Power to divert or
contained it shall he lawful for the Comjiany their deputies agents
servants and workmen and all other persons hy them authorized and
| empowered to divert or alter the course of any roadway or water- | ■ |
| course crossing the railways or either of them or to raise sink or divert any roadway or wat(;rcoursc in order the more convenitmtly to carry the same over or under or hy the side of the railways or either of them. |
8. If the Company do not (!ause another sutheient road or mnv P'naify for not snii-
crcck or watercourse to he so mad(' before they interfere with any such existing road creek or Avatercourse as aforesaid they shall forfeit twenty pounds for CAuny day during Avliich such substituted road creek or Avatmeourse shall not he made after the existing road creek or watercourse shall have been interrupted and such penalties shall he paid to the Trustees Commissioners Surveyor or otlun* persons having the management of such road if a public road and shall be appli(;d for
the
| 104̂ | 48° VIC. | 1884. |
Victorian Coal-mining Company's (No. 2).
the purposes thereof or in case of a private road the same shall ho paid to the owner thereof and every such penalty shall be recoverable with costs by action in any of the siiperior Courts.
| "Repairs of roads. | 9. I f in the course of making the said railways or either of them the Company shall use or interfere with any road they shall from time to time make good all damage done by them to such road and if any question shall arise as to the damage done to any such road by the Company or as to the repair thereof by them such question shall be referred to the determination of two Justices and such Justices may direct such repair to be made in the state of such road in respect of damage done by the Company and within such period as they may think reasonable and may impose on the Company for not carrying into effect such repairs any penalty not exceeding ten pounds per day as to such Justices shall seem fit and any such penalty shall be paid to the surveyor or other person having the management of the road interfered with by the Company if a public road and be applied for the purposes of such road or if a private road the same shall be paid to the owner thereof Provided always the said Justices shall have regard to anxl shall make full allowance for any tolls that may have been paid by the Company on such road in the course of using thereof. |
| Bridges to be con | 10. | If the railways cross any public highway or parish road then |
| structed wliere tlie |
| railways cross high | either such road shall be carried over the railways or the railways shall |
| way. | bo carried over such road by means of a bridge of the height and width and with the ascent or descent by this Act in that behalf hereinafter provided and such bridge with the immediate approaches and all other necessary Avorks connected therewith shall be executed by and be at all times thereafter maintained at the expense of the Company Provided that with the consent of tAVO Justices it shall be laAvful for the Com pany to carry the raihvays across any higliAvay on the level. |
| Owners and | 11. Until the Company shall haA'e made the bridges or other |
| occupiers crossing. | proper communications Avhich they shall under the provisions herein contained have been required to make between lands intersected by the raihvays and no longer the owners and occupiers of such lands and any other persons whose right-of-way shall be affected by the AA'ant of such communications and their respectiA'e servants may at all times freely pass.and repass AAutli carriages horses and other animals directly but not otherwise across any part of the raihvays made in or through their respective lands solely for the purpose of occupying the same lands or for the exercise of such right-of-way and so as not to obstruct the passage along the raihvays or to damage the same nevertheless if the OAvner or occupier of any such land have in his arrangements Avith the Company received or agreed to receive compensation for or on account of any such communications instead of the same being formed such OAAmer or occupier or those claiming under him shall not be entitled so to cross the railways. |
| Provision in cases | 12. The Company shall subject to regulations to be made from |
| where Government |
| railways are crossed | time to time by the Commissioner for llaihAnys and approA'ed l)y the |
| on a level. | Governor and Executive Council haA'e poAver to cross the IllaAvarra railway line on the IcA’el in such manner as shall be approved by the Commissioner for Railways And the rails for such crossing shall be laid down at the expense of the said Company Ainder and subject to the direction and approA âl of the Commissioner for Railways and for that purpose to lay doAvn such rails and execute such other Avorks as shall be necessary for the purpose of such crossing Provided that the said Company shall before they shall be at liberty to cross tlui said railway erect upon their OAvn land and at all times thereafter maintain a suitable station or lodge at the place AA'here the said Company’s rail way shall cross the Illawarra railway on the IcA'el and shall also erect and maintain all necessary signals that is to say all junction or crossing |
signals
| 1884. | 4 8 ’ VIC. | 105 |
Victorian Coal-mining Compantfs (No. 2).
signals and two distance signals at the said crossing And the said Company shall employ and constantly keep employed at their own expense at tlie said crossings lit and proper persons to attend to such signals and the person so employed shall act under and in accordance witli the regulations to he made hy the Commissioner for llailways and apjirovt'd by the Governor and Executive Council as aforesaid.
Id. It the railway cross any private railway or public highway rrovisionsin cases
or parish road on a level the Company shall erect and at all times h-amwa>Tor°]!!̂ riTate maintain good and sulUciimt gates across such road on each side of the railways are crossed railw ays Avherc the same shall communicate therewith and shall em]doy
pro[)cr persons to open and shut such gates and such gates shall he constantly kept closed across such road on both sides of the railways except during the time Avhen horses cattle carts or carriages passing along the same shall ha\m to cross such railways and such gates shall ho of such dimensions and so constructed as Avhen closed to fence in the railways and ])revcnt cattle or horses ]>assing along the road from entering upon the raihvays and the person entrusted with the care of such gates shall cause the same to he closed as soon as such horsi's cattle carts or carriages shall have ]>ass('d through the same under a penalty of forty shillings for ewny default therein ProA'ided ahA'ays that it shall he laAvful for tlie Secrct;iry for Public Works in any case in AAliich he shall he satisfied that it Avillhe more condiunvc to the public salcty that the gates on any Ica’cI crossing over any such road shall he kept closed across the raihvays to order that such gates shall hi' kept so closed instead of across the road and in such case such gates shall he ki'pt constantly closed across the railway except Avhen engines or carriages passing along the raihi ays shall have occasion to cross such road in the same manner and under the like penalty as above directinl Avith ri'spc'ct to the gates being kept closed across the road And the Company shall either hy themseives or jointly Avith any other Company employ proper persons to look after such gates and signals as may he ordered hy and to the satisfaction of the Commissioner for llaihAnys.
14. In case of accidents or slips ha])pening or being apj)rchendcd Power to enter iipon
to the cuttings cmhankments or other Avorks of the said railvAays it shall reiiair'aoM™̂
be lawful for the Company and their Avorkmen and servants to enter subjeet to certain
upon the land adjoining thereto at any tiivu! Avhatsoever for the purpose
of repairing or preventing such accidents and to do sucli Avorks as may
ho necessary for the purpose hut in CA'ery case the Company shall
within foi’ty-eight hours after such entry make a report to the Seerdary
for Public Works specifying tlie nature of such accident or ajAprehended
accident and of the works necessary to he done and such poAvers shall
cease and determine if the said Secretary shall after considering the said
report certify that their exercise is not necessary for the public safety
Provided also that such Avorks shall be as little injurious to the adjoining
| lands as the nature of accident or apprehended accident Avill admit of | ‘ |
| and shall be executed Avith all possible despatch and I'ull compensation shall be made to the oAvners and occupies of such lands for the loss or injury or inconvenience sustained hy them respectively by reason of such AVorks the amount of which compensation in case of any dispute about the same shall he settled by arbitrators in the manner hereinafter mentioned and proA'ided also that no land shall he taken permancmtly for any such Avorks othenvisa than is licrcin provided Avith respect to the lands originally taken for the purpose of making the said raihvays. |
15. Every bridge to he erected for tlie purpose of carrying the Construoiion of
railways over any road shall he built in conformity Avith the following bridges over roadg.
r(!gulations that is to say :—
The width of the arch shall he such as to leaA’c thereunder a clear space of not less than thirty feet if the arch he over a public higliAvay and of twenty feet if over a parish road and of twelve feet if over a private road.
The
| 106 | 48“ VIC. | 1884. |
Victorian Coal-mining Company's {No. 2).
The clear height of the arch from the surface of the road shall not he less than sixteen feet for a space of twelve feet if the arch he over a main road and fifteen feet for a space of ten feet if over a public carriage road and in each of such cases the clear height at the springing of the arch shall not he loss than twelve feet the clear height of the arch for a space of nine feet shall not he less than fourteen feet over a private road.
The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge he over a public highway one foot in twenty feet if over a parish road and one foot in sixteen if over a private road not being a trami-oad or railroad or if the same be a tramroad or railroad the descent shall not be greater than the ruling gradient of such tramroad or railroad.
| Consti uction of | 16. Every bridge erected for carrying any road over the railway |
| bridges over railroad. | shall be built in conformity with the following regulations that is to say— Tlierc shall be a good and sufficient fence on each side of the bridge of not less height than four feet and on each side of the imme |
diate approaches of such bridge of not less than three feet.
The road over the bridge shall have a clear space between the fences thereof of thirty-five feet if the road be a public highway and twenty-live feet if a parish road and twelve feet if a private road.
The ascent shall not be more tlian one foot in thirty feet if the road be a main road one foot in twenty feet if a parish road and one foot in sixteen if a private road not being a tram- road or railroad or if the same be a tramroad or railroad the ascent shall not be greater than the ruling gradient of such trami'oad or railroad.
| The width of the | 17. | Provided always that in all cas(!s where the average available |
| bridges need not |
| exceed tlie widtli of | width for the passing of carriages of any existing road within fifty |
| the road in certain | yards of the points of crossing the same is less than the width herein before prescribed for bridges over or under the railways the width of such bridges need not be greater than such average available width of such roads but so nevertheless that such bridges be not of less width in case of a public highway or parish road than twenty feet Provided also that if at any time after tlie construction of the railways the average available width of any sueli road shall bo inc.rcased beyond the width of such bridge on either side thereof the Company shall be bound at their own expense to increase the width of the said bridge to such extent as they may be required by tbe trust(!cs or surveyors of such road not exceeding the width of such road as so widened or the maximum width herein prescribed for a bridge in the like case over or under the railways. |
| Existing inclination | 18. | Provided also that if the mean inclination of any road within |
| of roads crossed or |
| diverted need not be | two hundred and fifty yards of tlu‘ point of crossing the same or the |
| improved. | inclination of such portion of any road as may be required to be altered or for which another road shall be substituted shall be steeper than the inclination hereinbefore required to be preserved by the Company then the Company may carry any such road over or under the railways or may construct such altered or sul)stituted road at any inclination not steeper than the said mean inclination of the road so to be crossed or of the road so requiring to be altered or for which another road shall be substituted. |
| owners. | |
| Works for benefit of | 19. The Company shall make and at all times thereafter main tain the following works for the accommodation of owners and occu piers of lands adjoining the railways that is to say— |
| Gates bridges &c. | Such and so many convenient gates bridges ardics culverts and passages over under or by the sides of or leading to or from |
the
| 1884. | 48̂ * VIC. | 10*7 |
Victorian Coal-mining Company’s {No. 2).
| the railways as shall he necessary for the pui’pose of making' good any interruptions caused hy the raihvays to the use ol tlie lands or any streets not diverted under the powers herein contained through which the railways shall he made and such works shall he made forthwith after the part of tlie railways passing over such lands shall have lieen laid out or formed or during the formation thereof. | ‘ |
All sufTicicnt posts rails hedges ditches mounds or other fences Fe nces,
for separating the land taken for the use of the railways I'rom the adjoining lands not taken and protecting such lands I'rom trespass or the cattle of the owners or occupiers thereof from straying thi'reon hy reason of the railways together with all necessary gates made to open towards such adjoining lands
' and not towards the railways and all necessary stiles and such posts rails and other fences shall he made forthwith al'tc'rtlu' taking of any such lands it the owni'rs thereof shall so require and the said other works as soon as conveniently may he.
Also all necessary arches tunnels culverts drains or other passages Drains,
either over or under or by the sides of the railways of such dimensions as will he sufficient at all times to convey the water as clearly from the lands lying near or alTocted hy the railways as iH'fore tin; making of the railways or as nearly so as may ho e.nd such works shall he made from time to time as the railway works proceed.
Also prop('r watca-ing-places for cattle or compensation in lieu Wutoring-piaces.
thereof wlan'e hy reason of the railways tlu' cattle of any])crson occupying any lands lying )icar therc'to shall he de})rived of access to tlu'ir fonner watering-places and such watering- places shall h(‘ so made as to lie at all times sufficiently supplied with water as heretofore and as if the railways had not been nuuh' or as nearly so as may he and the said Com pany shall makt; all necessary watercourses and drains for the purpose of conveying Avater to the said watering-places Pro vided ahvays that tin; Company shall not he required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the railways nor to make any accommodation AVorks Avith respect to Avhich the OAvners and occupiers of the land shall have agreed to receive and shall have been paid compensation insteadof themaking them.
20. If any person omit to shut and fasten any gate set up at p. imKy on jicrsons
| either side of the said raihvavs for the accommodation of the owners or ""'‘"'"f'' | *' | LflltOS. |
occupiers of the adjoining lands as soon as he and the carriage cattle or otluu’ animals if any under his care have passed through the same ho shall forfeit for every such offence any sum not exceeding ten pounds.
21. The Company shall not he entitled to any mines of coal Mincraia not to pa.a8.
ironstone slate or other minerals under any land vested in them by virtue of this Act except only sudi parts thereof as shall he necessary to he dug or carried away in the construction of the Avorks hereby authorized.
22. I f within tAventy-eight days after the passing of this Act Arbitrations.
| the said persons through Avhose lands the railroad shall pass or any of | , |
| them and the promoters shall not agree as to the amount of compen sation to he paid hy them for the said lands belonging to tlur said parties or any of them or for any damage that may he sustained hy them or him hy reason of the execution of the AVorks the amount of smdi compensation shall he settled hy two arbitrators one to he ap])ointed hy the party or parties complaining and the other hy the Company in accordanci; Avith the provisions of the Act thirty-first Victoria number fifteen “ An A ct to make Arbitrations more effechial.” |
| 108 | 48° VIC. | 1884. |
Victorian Coal-mining Company's {No. 2).
Compensation for 23. Tlic Company sliall make compensation and satisfaction to temporarypermanent̂ PQ Said owners and occunici’s (tliG amoiint of such compensation and
■ satisfaction to he ascertained and recovered in case of difference in the manner hereby provided) for temporary permanent or recurring injury and all other damage loss costs charges and inconvenience which may in anywise he occasioned to the said owners or occupiers by the non
compensation to be performance hy tlie said Company of any of the matters and things
made for temporary Percby required to he performed liy them or ol,herwise In every case
| occuD&rtion | X | L | t / | V |
| ' | where the Company shall take temporary possession of lands by virtue of the powers hereby granted it shall he incumbent on them Avithin one month after their entry upon such lands upon being required so to do to pay to the occupier of the said lands the value of any crop or dressing that may be thereon as Avell as full compensation for any other damage of a temporary nature which he may sustain hy reason of their so taking possession of his lands and they shall also from time to time during their occupation of the said lands pay half-yearly to such occupier or to the OAimer of the lands as the case may require a rent to he fixed hy tAVO Justices in case the parties difi'er and shall also Avithin six months after the completion of the raihvay pay to such oAvner and occupier or deposit in the Bank for the benefit of all parties interested as the case may require compensation for all permanent or other loss damage or injury that may have been sustained hy themhy reason of the exercise as regards the said lands of the poAvers hereby granted including the full A’alue of all clay stone gra el sand and other things taken from such lands. |
| Company may mate | 24. Por the purpose of regulating the conduct of the officers |
| by-lawfl. | and seiwants of the Company and for proAuding for the due manage ment of the affairs of the Company in all respects it shall he laAvfulfor the Company subject to the proAusions herein mentioned from time to time to make such hy-laAA’s and regulations as they shall think fit Provided that such hy-laAvs be not repugnant to the laAvs of the Colony or to the proAusions of this Act or to any resolutions of any general meeting of shareholders and such by-laAvs shall be reduced into Aviating and shall have affixed thereto the common seal of the Company and a copy of such by-laAvs shall be given to every officer and servant of the Company affected thereby and such by-laAvs may specify a maximum |
| ■ | and minimum penalty for any breach thereof such penalty to be proceeded for and recovered under the provisions of the Act eleventh and tivelfth Victoria chapter forty-three Provided always that any by-laAvs of the said Company relating to penalties must be first approved of by the Attorney-General of the Colony for the time being. |
| Evideuce of bj-iaws. | 25. The production of a printed or Avritten copy of the by-laAvs of the Company haAung the common seal of the Company affixed thereto shall be sufficient evidence of such by-laAvs in all proceedings under the same. | |
| Interpretation clause. | 26. Ill this Act the Said “ Justiccs” shall mean Justices of the Peace in and for the territory of New South Wales and Aidierc any matter shall be authorized or required to be done by two Justiccs the expression “ two Justices” shall mean ttvo Justices assembled and acting together in Petty Sessions and the Avord “ oAvner” shall mean any person or corporation Avho under the provisions of this Act would be able to sell land to the Company. | |
| Agreement shall not | ||
| be affected. | 27. Nothing in this Act contained shall derogate from or pre judice the said agreement in the Second Schedule hereto nor shall anything in this Act contained l)c deemed or operate to confer Avidcr or greater powers or title on the said Tliomas SayAvell or the said Company AAuth respect to the lands in the said agreement more par ticularly described than in and hy the said agreement are conferred. | |
| Shorttiiie. | 28. Tliis Act sliall be deemed to be a public Act and shall be styled and may be cited as the “ Victorian Coal-mining Company’s | |
|
| EIRST |
| 1884. | 48“ VIC. | 109 |
Victorian Coal-miniwj Company’’s (No. 2).
r iE S T SCHEDULE IIEREINBEPOEE EEEEEEED TO.
Description o f the Victorian Coal-mininf/ Company's Daihcay from their Estate Mount
Kembla to Eort Kembla.
Commencing on the south boundary of Cunningham Atchison’s one hundred and seventy-nine acres two roods grant at a point about one chain westerly from tlio south east corner of said land thence south-easterly about two chains passing through IMat tlicw Eecn’s property (being a grant of lifty-two acres two roods and live perches to William Shone) also crossing reserved roads to Mr. M‘Loy’s property thence again south-easterly partly by a curved line about thirty-seven chains jiassing through that property (being grants of tifty-tw'o acres one rood and five perches to Daniel H(;aly and seventy-one acres and twenty-two perches to .Tohu Linds.ay respectively) and crossing all reserved roads to IMr. Blackman's ])roperty thence through that ])ropert3' partly by a curved and straight line easterly about thirty-four chains fifty links to a reserved road tlience in the same direction across that road about fifty-five links to JNlr. Blackman’s land afori'said thence south-easterly by curved lines about thirty-ono chains through that land (being in all grants to Eobert IMartin ( 'ole of one hundred and twenty-three acres Eobert iMartin Colo of forty-eight acres and tJobert hlartin Cole of one hundred acres) andcrossing reserved roads to Mr. O’Brien’s land thence passing through that property north-easterly and northerly by curved lines about thirty-seven chains (being [lart of John Wyllic’s two thousand acres also the whole of Eobert Martin Cole’s forty-seven-acre grant and crossing reserved roads to Mr. G. Waple’s laud thence passing through that land north-easterly by a curved lino about thirty-three chains (being grant to George A\"aple’s of seventj'-seven acres one rood and twenty-four perches) and crossing reserved roads to Mr. Aicolle’s jiroperty thence passing through that property easterly by curved lines about thirty-seven chains (being grant of seventy-eight acres to .Tohn Head) and crossing re.served roads to Mr. Cummins’ land thence passing through that land easterly bv' curvcsl and straight lines about twenty-five chains (being grant of one hundred acres to .Tames Cummins) and crossing all reserved roads to Mr. Jenkins’ estate thence passing through that estate by curved and straight lines north-easterly about si.vty-four chainsto the Mount Kembla Coal and Oil Company’s Eailway tliencc easterly across that railway at .a point about three hundred and sixly-two chains from the hloiint Kcunbla Coal and t)il Coni])any‘s jetty at I’ort Kembla about seventy links to Mr. Jenkins’ pro])erty thence south-easteiTy^ by curved lines through that jiroperl v about twenty-eight chains to the Soutli Coast Road thence across that road at a point on a level and ad joining the crossing of the iUouiit Kembla Coal and Oil Company's Eailway aforesaid south-easterE about one ch.ain to Mr. Jenkins’ land aforesaid thence through that land south-easterly by a curved line about thirteen chains iifty links to the Illawarra Railway thence across that raihvay at a level and at a point about lilty-one miles fifty-three chains along the ! llawarra Itailw.ay starting from Sydney south easterly abouttwo chains to Mr. Jenkins’ land thciice passing through thatland by straight and curved lines south-easterly about one hundred .and thirtj'-six chains fifty links (being in all grants to .Tcmima .h'nkins of two thousand acres and one thousand acres) and crossing all reserved roads to Mr. AV'entworth’s land thence passing through that property south-easterly and north-easterly by straight and curved lines about one hundred and tiftv- tlirecchains andcrossing reserved roads (being original grant of two thousandtwo hundred acres to D.avid Allen) to Port Kembla being the waters of the South Pacille Ocean exclusive of an area of about six acres for shunting purposes as shown on plan and being a ])oint about two thousand feet in a straight line westerly from the base of the Jfount Kembla Coal Comjj.any’s jetty being the proposed site of the Victori.au Coal Company’s ])i'oposed new jetty the north-eastern end of which is to be one thousand two hundred feet from the said Mount Kembla Coal and Oil Company’s jetty Also a railway' siding starting from-about where the above-described lino crosses the South Coast Eo.ad and passing through Mr. Jenkins’ laml aforesaid by a curved lino north-easterly .about twenty-live chains to the Illawarra Eailway bo the said dimensions a little more or less The above lino to run parallel with and adjoining the Mount Kembla Company’s railway from a ))oint near where it crosses the Illawarra Itailway to a point about twenty chains south- westerh' from Port Kembla where the said terminus is to be.
SECOND SCHEDULE HEEETNBEFOEE EEEEEEED TO.
| thousand eight hundred and eighty-four between D ’.Arcy AVentworth of in 1‘lngland Esquire of the lii’st ]>art ]’’itzwiliiam AVentw'orth of Ahuicluse near Sydney' but at present out of the Colony of New South AVhiles Esquire of the second ])art and | -A IV agreement entered into Ibis twenty-ninth day of April in the year of our I/oi’d one Coinpanv of the thinl pait wilnesseth that the jiartics of the first and second ])arts (hereinaltcr called the lessors) agree to give and the saiil Thomas S.aywell for himself his executors administrators and assigns (hereinafter called the lessee) agrees to accept a lease of all tho.se ])ieces or jjarcels of land and hereditaments described and comprised in the .Schedule hereto with liberty and jjowc'r to make and consfiaict a line of radwav in ihroiigh and over the said demised ])remisew and to make build and construct such roads tramways wharves jetties jiiers and buildings in through over and on the ])iece of |
land
| 110 | 48" | VIC. | 1 8 8 4 |
Victorian Coal-mining Company's (No. 2).
land described in the first part of the said Schedule as the said lessee may think necessary and for tlie ])urposes aforesaid to dig for search work quarry and use all stone sand gravel and other building or I'oad material and to cut and use the timber on the said demised premises (but excepting coal and other minerals thereon or thereunder which are reserved to the lessors) The term of the said lease is to be for fifty years from the date hereof at the nominal rent of one peppercorn if demanded for the first one and a half years of the said term and for tlic next fifteen years of the said term that is from the twenty-ninth day of October one thousand eight hundred and eighty-five the rent or royalty of one half-penny and for the residue of thirty-three and a half years of the said term that is from the twejity-ninth day of October one thousand nine hundred the rent or royalty of one penny for every ton of coal or shale or other goods carried by the said lessee his heirs executors administrators or assigns or his or their licensees over to or from the railway line to be constructed on the said demised lands and iu the event of the said term being determined after the said twenty-ninth day of October one thousand eight hundred and eighty-five between two of the said half- yearly days by re-entry under the proviso in that behalf to be contained in the lease a proportionate part of the rent or royalty for the fraction of the current half-year up to the day of such determination And it is agreed that such rent or royalty shall never bo loss after the said first year and a half (that is from the said twenty-ninth day of October one thousand eight hundred and eighty-five) than the sum of seventy-five pounds for each half-year and that if at any time or times the rent or royalty of one half-penny or i>onny per ton for any half-year after the period aforesaid shall not amount to the sum of seventy-five pounds then the lessees will for every such half-year pay the sum of seventy- five pounds clear of all deductions The said rents and royalties may be recoverable by distress or otherwise by the person or persons for the time being entitled to receive the same or his attorney or agent All rates taxes charges assessments port or harbour dues and outgoings whatsoever whicli are now or may be at any time hereafter during the said term assessed charged or imposed upon the said demised land or the owner or occu pier in respect thereof shall bo borne by the said lessee The said lessee on each of the half-yearly days appointed for payment of rents is to deliver to the said lessors or their agent a true account showing the total amount of coal and shale and other goods during the preceding half-year subject to rent or roymlty and to verify such accounts by the statutory declaration of the clerk or book-keeper of the said lessee or by the said lessee or otherwise to the satisfaction of the said lessors The said lessee to ])roperly and securely fence off within the S2)aec of three months from the date of the obtaining and jiassing of an Act of Parliament authorizing the construction of the said railway and during the said term keep securely fenced from the adjoining lands by moans of a substantial post and rail cattle-proof fence (at least four feet in height) the piece or parcel of land described in tlic said Schedule hereto Also to keep open the roads and paths over and across the said piece or parcel of land descrilied iu the second part of the said Schedule by proper bridges and passages where the railway to be constructed thereon as aforesaid shall interfere with the roads or paths now existing or hereafter to be made and to make and maintain proper gates across the said railway at such openings and places as the lessors shall reasonably require To use and occupy the said lands described in the first part of the said Schedule for the purpose only of tbe said railway roads tramways wharves jetties piers or buildings sheds offices and conveniences to bo used in connection with and for the purposes of the said railway or for yards or shoots or standing room or sidings for waggons or goods but not for cottages or dwelling-houses of anŷ kind whatever and generally to use the whole of the land licreby demised only for such purposes as relate solely to the business of the said railway and for no other pur])o.se and not to assign or sublet th(i same or any portion thereof for settlement or other purposes The lessors and their under-tenants to have right of access at proper places to the said jetty and railway for carriage and shipping goods Tarm produce stock (live or dead) and materials to and fro the said lessee charglngfair and reasonable wharfage freights and eaiTiag(‘ and provided that the said lessee is not thereby unreasonably inconvenienced in the ordinary working of the said railway it being intended that tbe said lessee may derive the full benefit of his works and improvements in the business of transit of minerals from his mines and that the lessors shall derive the full benefit of settlement in and aluuit the Company’s works on the adjoining lands A lease to be prepared by the lessors and executed by both parties on the basis of this agreement but at the expense of the said lessee who is also to pay the costs of and incident to this agreement and to contain a proviso for re-entry on non-payment of rent or non-])erformance by the said lessee o f any of the covenants and stipulations and to contain all usual covenants and clauses in leases of this nature and a counterpart of the said lease is to be duly and properly executed by the said Thomas Saywcll (at his expense) witliin a reasonable time after the preparation thereof and handed to lessors and this agreeraent is entered into subject to the above conditions and stipulations being duly performed.
THE SCHEDULE.
| P akt | I, |
All that piece or parcel of land situated at Port Kembla near AVollmigong county of Camden and Colony of Kew .South AVales be the hereinafter mentioned several dimensions a little more or less containing by admeasurement five acres Commencing at the waters of the South Pacific Ocean being the north-eastern boundary of the Pive
Islands
1884. 48̂ ̂ VIC.
Victorian Coal-mining Company's [No. 2).
lalaiuls Estate at a point about twonty-sovcn chains thirty links westerly from the base of tbe Mount Kembla Coal and Oil Company’s jetty at Port Kembla aforesaid thence on the north-east by the said waters of the South Pacific Ocean bcarin^^ nortli-westerly four chains theneo south-westerly lifteeu chains fifty links and eight chains fifty links thence south-easterly one chain thence north-easterly by a curved line twenty-three chains to the jioint of coiumencemcnt the whole being part of Mr. D. Wentworth’s property being original grant of two thousand two hundred acres to Mr. ID. Allen.
This description is subject to verillcation or survey and correction (if necessary) by lessor before lease drawn.
P aut 2.
All that piece or parcel of land situated near Port Kembla near AVollongong in the ])arish of AV'ollongong county of Camden and Colony of New South Wales bo the hereinafter mentioned several dimensions a little more or less containing by admeasure ment thirteen acres Commencing at the western boundary of the Pive Islands Estate (Mr. I). Wentworth’s property) at a point where the nortliern boundary of the Mount Kembla Coal and Oil Company’s railway crosses the western boundary of the Pive Islands Estate aforesaid thence south-easterly easterly and Bouth-oastcrly by straight and curved lines and parallel to the Mount Kembla Coal and Oil Company’s railway one hundred and thirty-one chains to the five acres reserve for shunting jmrposos et cetera in con nection with the shipping of coal ct cetera by the Victorian Coal Company at their proposed now jetty the whole being part of Mr. ID. Wentworth’s property being original grant of two tliousand two hundred acres to Mr. ID. Allen.
This description to bo verified and surveyed and corrected (if necessary) by lessor before lease drawn.
As witness the hands of tlie said parties the day and year first before written—•
| p. | V e n t w o e t j i |
By his attorney
.1, E. H ill.
Signed by the said ]''itzwilliavn Wentworth by his attorney James Eichard Hill
in the jireseiice of—
| J O I I X | P - V I i K l A S O N |
Solicitor 5S Hunter-street Sydney
H‘AECY WENTWOETH
| ■ | By his attorney |
J. E. H ill.
Signed by the said ID'Arcy Wentworth by James Eichard Hill his attorney in the
presence of—■
| Jonti | P a h k ik so n |
Solicitor.
THOMAS SAYWELL.
Signed by the said Thomas Saywell in the presence of—
| C. A. | A tc h iso n . |
I James Eichard Hill of Sydney in the Colony of Now South Wales do solemnly and sincerely declare that I have not received any notice of the revocation by death or otherwise of the power of attorney granted to me by Pitzwilliain Wentworth dated the twenty-first day of March one thousand eight hundred and eighty-three or of the power of attorney granted by l) ‘Arcy M'’entworlh to me dated the thirteenth day id' June one thousand eight hundred and eighty-one And I make this solemn declaration conscien tiously believing the same to be true and by virtue of the provisions of an Act made and passed in the ninth year of the reign of Her present Iilajesty intituled “ An Act for tlie more effectual abolition of Oaths and Alllnnations taken and made in various IDepart- ments of the (lovernment of New South AVales and to substitute IDeclarations in lieu thereof and for the suiiiiression of voluntary and extra-iudicial Oaths and Affidavits.”
| ■ | J. E. HILL. |
IDeclarod and subscribed at Sydney tlil.s fifth day of May A . n . one thousand eight
hundred and eighty-four before me—
T. Salter
A Commissioner for Affidavits.
AVe the undersigned hereby certify that wo have e.xamincd the writing contained on this and tlie six jireceding pages with the original agreement and that the same i.s a true co])y thereof.— IDaled at Sydney this eighth day of May A . n . one thousand eight hundred and eighty-four.
| ̂ | JOHN PARKINSON |
Solicitor Sydney.
| L. GIBSON | “ |
Solicitor Sydney.
An
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