Illawarra Harbour and Land Corporation Act Amendment Act of 1895 59 Vic (NSW)

An Act to amend sections one and thirty of taswann Harnour anp Lanp the Ilawarra Harbour and Land Corpora- .(oxrsnes Ac AMENDMENT, tion Act of 1890, and to extend the time a for the completion of the works mentioned in sections one and thirty of such Act, and to provide for public roads to be opened across the railway of the Corporation. [12th December, 1895. | AY HEREAS by section one of the Tlawarra Harbour and Land Preamble. Corporation Act of 1890, hereinafter called the Principal Act, it was provided that the said harbour and entrance thereto and channel should be commenced within two years, and be made and completed in accordance with the provisions of the said Act, and opened Extension of time for one year to come plete harbour, &e, Extension of time for one year to complete railway. 59° VIC. 1895. Ltlawarra Harbour and Land Corporation Act Amendment, opened throughout for the admission of vessels of the draught specified in the said Act within the term of seven years from the passing of the said Act: And whereas by section thirty of the Principal Act it was provided that one of the railways mentioned in the said section thirty should be constructed and brought into use within the term of five years from the passing of the said Act: And whereas the said Principal Act was assented to on the twentieth day of December, one thousand cight hundred and ninety: And whereas it is desirable to extend the time within which the said harbour and entrance thereto and channel should be completed in accordance with the provisions of the Principal Act, and opened throughout for the admission of vessels of a draught specified, for the term of one year from the twentieth day of December, one thousand eight hundred and uinety-seven, and to extend the time within which one of the railways mentioned in the said Principal Act showld be constructed and brought into use for the term of one year from the twentieth day of December, one thousand eight hundred and ninety-five: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :— 1. That the said harbour and entrance thereto and channel or canal shall be made and completed in accordance with the provisions of the Principal Act, and opened throughout for the admission of vessels of the draught specified in the Principal Act, within the term of one year from the twenticth day of December, one thousanc eight hundred and ninety-seven, failing which all rights and privileges acquired under the Principal Act shall be null and void, and al reclaimed land shall revert to the Crown; and section one of the Principal Act shall be read and construed as if the term mentioned in such section had been eight years from the passing of the said Principa Act instead of seven years as therein mentioned: Provided that the sun of ten thousand pounds he deposited by the Corporation with the Colonial 'Treasurer, on or before the twentieth day of December, one thousand cight hundred and ninety-seven, which sum shall be forfeitec unless the works be carried out within the extended time specified. 2. That one of the railways mentioned in seetion thirty of the Principal Act shall be constructed and brought into use within the term of one year from the twentieth day of December, one thousanc eight hundred and ninety-five; and section thirty of the Principa Act shall be read and construed as if the time mentioned in such section had been six years from the passing of the said Principa Act instead of five vears as therein mentioned. 3. It shall be lawful for the Governor by proclamation in the Gazette to dedicate any public road or highway crossing the railway line of the Corporation, and thereupon the said road or highway shal he open to public traffic across the said line. If the road or highway crosses the line ona level the provisions of section forty-one of the Principal Act shall, on the expiration of six weeks from the publication of the proclamation, have effect with respect to the said road or highway. If the road or highway does not cross the line on a level, and the Secretary for Lands is of opinion that, for the purposes of traflic along the road or highway, it is necessary that the line of railway should be carried by a bridge over the road or highway, or that the road or highway should be carried by a bridge over the said line, and the said Secretary, in cither of the cases, by writing under his hand notifies to the Corporation that he requires a bridge to be erected as aforesaid, then the Corporation shall, within six months alter the notification has heen given by the said Seeretary, erect the bridge, subject 1895. 59' VIC. Wellington Show Ground. subjeet to, and in aceordance with, such of the provisions of sections forty-three, forty-four, forty-five, and forty-six of the Principal Act, as are in the cirewnstances applicable. If the Corporation do not, within the period limited as aforesaid, erect any bridge, as required by the Seerctary for Lands, it shall be lawful for the said Secretary, on behalf of Ter Majesty, to erect the bridge and recover the cost of the same from the Corporation. Mor the pitrpose of erecting any bridge as aforesaid, the said Sceretary may, by his officers and servants, enter upon any land of the Jorporation, and may stop or divert any traflic along the line of railway of the Corporation, and shall not be Hable for any loss or damage thereby caused to the Corporation or to any person whomsoeyer. 4. This Act may, for all purposes, be cited as the Tlawarra Harbour and Land Corporation Act Ainendment Act of 1895," and shall be deemed to be incorporated with, and construed as part of, the said Mawarra Harbour and Land Corporation Act of 1890, and which Act is hereinbefore called the Principal Act. Short title.