Illawarra Harbour and Land Corporation Act of 1890 54 Vic (NSW)

1890. _ _ 5 VIC. 97 : i llawarra Harbour and Land Corporation. An Act to empower the Tlawarra Harbour tava and Land Corporation (Limited) to form — es». and maintain an entrance and passage between the South Pacific Ocean and the waters of Lake Illawarra, in the county of Camden; and to construct, use, maintain, and in certain respects control and regu- late a harbour within the waters of the said Jake and of Windang Bay, in the said county of Camden; and to make, establish, maintain, and control wharfage and ship- ping accommodation in connection there- with; and to construct, work, use, and maintain a line or lines of railway to con- nect with the said harbour all or any coal-bearing lands situate between the South Coast Collicry on the north and the Macquarie River on the south; and to reclaim, purchase, take, occupy, and other- wise acquire land in certain cases, and on certain terms as to acquisition, compensa- tion, payment, rent, investiture, and other- wise; and to levy, receive, and reeover rates, tolls, and dues for the use of the said entranee, harbour, and aeccommoda- tion, and for towage, and fares, freights, and other charges for the use of the said railways; and to confer and impose upon the said Corporation certain powers, rights, duties, and Jiabilities; and to extend the rights of owners of the fore- shores of the said lake; and for other purposes. [20th December, 1890. | WEES the INawarra Harbour and Land Corporation (Limited) Preamble, Y (being a joint stock company duly incorporated and registered under the Companies Acts of 1874-1885, and hereinafter called the Company) is possessed of about two thousand nine hundred and twenty acres of freehold land on the shores of Lake Illawarra, and also of other freehold Jand and certain coal-bearing land adjacent. thereto, and on which scams of coal have been opened out and proved: And whereas there are also numerous other large coal properties adjacent to the said lake: And whereas the Company desires to obtain Legislative Authority to make and inaintain harbour and channel. To be opened within seven years, Authority to crect wharves, &c. of VIC. 1890. Iilavarra Harbour and Land Corporation. Legislative authority to form and maintain an entrance and passage between the South Pacific Occan and the waters of Lake Illaw: ara, in the county of Camden; and to construct, use, maintain, and in certain respects control and regulate a harbour within the waters of the said lake and of Windang Bay, in the said county of Camden; and to make, establish, maintain, and control wharfage and shipping accom- modation in connection therewith; and to construct, work, use, and maintain a line or lines of railway to conncet with the said harbour all or any coal-bearing lands situate between the South Coast Collicry on the north and the "Macquarie River on the south; and to reclain, purchase, take, occupy, and otherwise acquire land in certain cases, and on certain terms as to Requisition, compensation, payment, rent, investiture and otherwise ; and to levy, receive, and recover rates, tolls, and dues for the use of the 'eid entrane e, harbour, and accommodation, and for towage, and fares, freights, and other charges for the use of the said railways; and to confer and impose upon the said Corporation certain powers, rights, dutics, and liabilities; and to extend the rights of owners of the foreshores of the said lake; and for other purposes. And whereas the said harbour and railways are likely to prove benc- ficial to the Colony and to the public in assisting the opening out and. shipment of a very large quantity of coal from the said properties, and also in dev eloping the whole natural resources of the Iawarra District ; and it is therefore desirabic to authorize by Legislative enactment the construction of the said harbour and railways with other works and appliances in connection therewith, subject to the provisions hercin- after contained: Be it therefore enacted by the Queen's Most Execllent Majesty, by and with the advice and consent of the Legisla- tive Council and Legislative Assembly of New South Wales in Parlia- ment assembled, and by the authority of the same, as follows :— 1. It shall be lawful for the Company to make, open, construct, and maintain a port and harbour in Lake Illawarra aforesaid, by re- opening and keeping open the entrance thercto to the north and north- west of Windang Island, but so that the said entrance be made and kept of at least sufficient width and depth for the safe navigation and passage from and to the South Pacific Ocean of vessels of a draught of fifteen feet of water to and from the said lake, and to make and carry from the said entrance to a point on the Company's said frechold land called Tallawarra Point, a channel or canal of sufficient width and depth for the safe navigation and passage of such vessels as aforesaid, and at and around the said point or elsewhere fronting any part of the said freehold land, cr any land which may become the property of the Company, to provide safe and st aflicient accommodation and de spth of water for such vessels as aforesaid and other vessels to ride at anchor either before, while, or aftcr loading or discharging cargo. Provided that the said harbour and entrance thereto and chann shall be commenced within two years and be made and complete: in accordance with the provisions of this Act, and opened throughous for the admission of vessels of the draught specified within the term of seven years from the passing of this Act, failing which all rights and privileges acquired under this Act shall be null and void, and al reclaimed lands shall revert to the Crown, excepting reclaimed Jands fronting properties now in possession of the Company. 2. It shall be lawful for the Company, on and from the saix frechold land or any land which may become the property of the Company by reclamation or otherwise, to erect, construct, run out, extend, and maintain wharves in such positions and of such lengths and dimensions as the Company may from time to time deem suitable for the accommodation and berthage of shipping and the touding and discharging of all kinds of cargo and ballast, and for these purposes to 1890. 54 VIC. Illawarra Harbour and Land Corporation. to use and oceupy such parts of the said lake and of the land under the waters of the said lake as are adjacent to any such land as aforesaid. Provided that all such ercetions, constructions, and extensions shall in all cases be subject to the provisions of the Crown Lands Acts of 1884 and 1889, 3. It shall be lawful for the Company, for any of the purposes Authority to carry out works in aforesaid, to construct, make, and do all or any of the works and gies, things in Schedule A hereto mentioned, but subject nevertheless to the provisions contained in section twenty-six of this Act. 4. It shall be lawful for the Company, by deposit: of dredgings or Right to reclaim otherwise, to reclaim land on the foreshores of their said tyechold lands Jand on foreshores 2 of Company's land or of the north-west corner of Windang Island, where the works hereby or Windang Istand, authorized join such island, or on cither side of the harbour entrance or between "harbour entrance and the works or of the entrance channel between the said entrance works and. lake; and payment the lake, subject to the provisions of the " Crown Lands Act of applying to reclamations ; and any land so reelaimed shall become the sroperty of the Company on their paying to the Colonial Treasurer the value of the land so reclaimed, calculated on the basis of the resent net market value of the lands immediately adjoining the same, after the deduction of the cost of reclamation, and the value of any and so reclaimed shall be ascertained in the manner now authorized by law as between the Crown and any person by its permission reclaiming lands for purchase. Provided that the Government shall have rights-of-way over such reclaimed land between any Government reserve and the Com- pany's channel at: suitable intervals. Provided that if any such reclamation shall interfere with the foreshore rights of any private owner, compensation shall be paid for such interference by the Company to the said owner, at such price as may be mutually agreed on, or, failing such agreement, at such price as may be fixed by arbitration in the manncr hereinafter sct out. Provided also that the land so reclaimed on cither side of the said harbour entrance, or of the said entrance channel, shall not exceed an average width of two hundred feet on either side of the entrance works and channel. Provided further that no such reclamation shall be made which may interrupt or interfere with navigation; and that notice of the intention to reclaim such land shall be published in the Gazette and some local newspaper for six consecutive weeks before such reclama- tion shall be commenced. 5. It shall be lawful for the Company to occupy and use for Re 18 I, 2 to be made therefor. serve nearentranee the purpose of any work authorized by this Act, any of the Crown of harbour sul other Crown Lands Lands, not exceeding filty aeres, nor Yeguired for public PULPOSCS, specified in Schedule and not inchiling Windang, Gooseberry, Sfooka, and Bevan Islands, a convenient for the duc carrying out, construction, and maintenance of the works set out in the said Schedule, and the Company shall pay such rent for the use of the same to the Colonial 'Treasurer as may be agreed on between the Company and the Seerctary for Lands; and. the Company shall give to the Secretary for Lands at least fourteen days' notice in writing under the seal of the Company of their intention to oceupy any part of the said land, and if within sixty days from the di rte of stich notice the Company and the Sceretary for Lands shall not agvce as to the amount of vent to be paid by the Company for the same, such amount shall be settled by arbitration in like manner as is hereafter provided with respect {0 compensation for lands taken Dy the Company under this Act; and upon payment, to rent adjacent to the site of the works set out in Schedule A hereto, and arbitration. be leased at Company to control harbour and appoint harbour-master, 35 Vie. No. 7. 36 Vic. No. 30, 43 Vic. No. 18. 45 Vic. No. 6. Warbour-master if not appointed by Company mny be appointed by the Governor, Authority to open harbour before completion, Compiction not. to be thereby delayed. Tlarbour and wharves to be open to the public. Authority to levy tonnage rates on vesacls entering and using harbour, Fishing ond pleasure boats to be free of tonnage rates. of VIC. 1890. Illawarra Harbour and Land Corporation. to the Colonial Treasurer of the costs (if any be due), the Secretary for Lands shall forthwith cause a lease to be issued to the Company of the land so taken by the Company for a term of seven ycars from the expiration of the notice of intention to take the same at the rent so settled, payable annually. 6. The Company shall have control within the boundaries of the said harbour over the several matters and things in Schedule A hercto specified, but subject nevertheless to the provisions contained in section twenty-six of this Act; and may appoint a person, to be approved of by the Governor, which person shall from and after such appointment have within the said harbour all the powers, authority, and duties of a harbour-master within the meaning of the Navigation Acts 1871-1881 and any Acts amending the same, and the Company may in all respects exercise and may appoint such persons as they may think fit to exercise full control and authority over the matters and things in Schedule A hereto specified. Provided that if no person be appointed as aforesaid by the Company to have the powers, authority, and duties of a harbour- master, it shall be lawful for the Colonial Treasurer to give notice in writing to the Company calling upon the Company to appoint such person, and if the Company fail to appoint such person within one month after receiving such notice, then the Governor may appoint a harbour-master for the said harbour, and such appointment shall be published in the Gazette, and such harbour-master shall thereupon be deemed to be in all respects a harbour-master within the meaning of the Navigation Acts, 1871-1881, and any Acts amending the same, and shall he paid by the Company such salary as the Governor may direct. 7. It shall be lawful for the Company at any time after the passing of this Act and before the works authorized by this Act shall have been. completed, and notwithstanding that the said entrance and channel, or cither of them shall not at the time be of the width or depth specified by this Act, to open the said harbour or part thereof for the admission of vessels, and to permit vessels to enter, go out from, and. use the said harbour, and use any wharves or other conveniences within or adjacent to the same. Provided that such use of the said harbour, wharves, or con- veniences as aforesaid by vessels shail not be allowed to delay or interfere with the completion of the said harbour in accordance with the provisions of this Act and the final opening of the same. 8. After the said harbour has heen completed and opened for the admission of vessels, the said harbour and any wharf belonging to the Company shall (subject, nevertheless, to the directions and control of the harbour-master) be at all times open to the public upon payment of the rates by this Act authorized to be levied. 9. It shall be lawful for the Company to levy, collect, and recover tonnage rates not being differential and not excceding one shilling per ton, on vessels entering and using the said harbour, on cach and every occasion. Provided that it shall be lawful for the Company in the event of any vessel remaining in the harbour for a longer period than two calendar months to levy, collect, and recover a rate not execeding one penny per ton per week for each and every weck or portion thereof during which the said vessel shall so remain after the expiration of such two calendar months. Provided always that no tonnage rate shall he levied on vessels using the port as a harbour of refuge, or on boats solely employed in the fishing trade or for pleasure, or on boats plying on the 1890. 54 VIC. 101 Llawarra Harbour and Land Corporation. the harbour, which said boats shall have the free use of the harbour, provided that they in no way interfere with the navigation thercof, and subject always to the control of the harbour-master and of such regulations as may from time to time be made for the due management of the said harbour in manner hereinafter provided. 10. It shall be lawful for the Company to levy, collect, and recover Authority to levy tonnage rates, not exceeding one penny per ton per day, on vessels vessels uwinigarhanves, oceupying a berth at any wharf belonging to the Company within the said harbour, and on vessels fully laden discharging their inward cargo at any such wharf; but such last mentioned rates shall not be leviable until after the expiration of the "free lay days" in Schedule B hereto specified. Provided that in the case of any vessel partly laden, or which shall have discharged only a portion of her inward cargo at any such wharf, such vessel shall be entitled to claim "free 'lay day 3" according to the quantity of cargo discharged, which shall ie con- sidered to be the proportion which the amount of such cargo bears to the tonnage of the vessel when fully laden. 11. It shall be lawful for the Company to levy, collect, and Authority to levy recover freightage yatcs on all goods, merchandize, and packages she ™e shipped or unshipped from any vessel within the waters of Lake lawarra or from any vessel using the said harbour, such respective rates not exceeding the rates in Schedule C hereto specified, in respect. of the several articles therein mentioned, and in respect of all other articles such rates as may be approved by the Governor and Exccutive Council. Provided that all goods arriving from any part of Australasia or any of the Pacific Islands landed on any wharf belonging to the Company, and entered at the Custom Iouse for transhipment, shall be exempt from any freightage rates chargeable under this Act. 12. Whenever any vessel enters the harbour in distress, and Rates when not levi- for the purpose of repairing the said vessel, if any goods are un- §20on vesslsin shipped therefrom, and the rates upon the unshipment of such goods are didy paid, then if such goods are afterwards reshipped in the said harbour, without any change in the ownership thereof having taken place, no further rates shall be leviable upon the said goods in respect of such reshipment. 13. The Company shall provide and maintain a sufficient Compmy to provide number of tug boats and other appliances for towing vessels into and *%ient towaee. out of the said harbour, and from any one part of the said harbour to any other part thereof, and sufficient' tow: age power for the same. And it shall be lawful for the Company to levy, collect, and Towago rates. recover rates for vessels towed by the said boats or other appliances ; such rates not exceeding the rates in Schedule D hereto specified. Provided that if the Company shall fail to supply such tug tn default, Colonial boats or other appliances or towage power as aforesaid, it shall be nie lawful for the Colonial 'Treasurer to provide or tu issue a license authorizing other persons, on such terms as to the Colonial Treasurer shall seem fit, to provide tug boats and other appliances for towing vessels aah towage power for the same; and it shall be lawful for the Colonial Treasurer to levy, collect, and recover, or to issue a license authorizing such other persons as aforesaid to levy, collect, and recover such rates as may be specified in a notice in that behalf to be published in a Gazette, not exceeding the rates in the said Schedule hereto specified. And all rates collected or recovered by or on account of the Colonial Treasurer shall be paid to him, and shall be by him earried a the eredit of the Consolidated Revenue Fund. . In all cases where authority is given by this Act to the Authority fo vary Company to levy, collect, and recover rates, not excecding the rates specified to fix rates, in a Sehedule hereto specified, it shall be lawful for the Company Subject to approval 7 of Governor. from Tonnage how to be calculated, 17 and 18 Vie. ¢. 104, No wharfage or ton- nage rates within harbour payable to Government. 44 Vie. No. 8. Not to affect harbour and light rate. 35 Vic. No. 7, 8. 55. 36 Vic. No. 30, 8. 9. Nor customs duties. Exemption of in Her by's service, from rates, a] &e., Vessels returning from stress of weather not to pay rates again. of? VIC. 1890. IMavarra arbour and Land Corporation. from time to time to vary such rates by reducing or raising the same so that they do not execed the rates in such Schedule specified. Provided that fourteen days notice of such variation shall he published in the Gazette before such variation shall come into force ; and in the event ofa rate not being specified in such Schedule in respect of any kind of vessel or goods, it shall be lawful for the Company, subject to the approval of the Governor, to fix a rate in respect of such vessel or goods respectively; and fourteen days notice that such rate has been so approved and will be enforced may be published in the Tazette, and trom and after the expixation of the fourteen days it shall be lawful for the Company to levy, collect, and recover the said rate so approved as aforesaid. 15. In estimating any tonnage of any vessel for the purposes of this Act the same shall be determined in pursuance of the provi- sions of the Imperial 'Merchant Shipping Act, 1854." And in the case of steam-vessels the net tonnage measurement shall be deemed to be the tonnage of such vessels for the purpose of ascertaining the tonnage rates leviable under this Act. 16. No rates shall be due or payable by way of wharfage or tonnage yates under or by virtue of the "Wharfage and Tonnage Rates Act of 1880," or any Acts amending the saine in respect of goods, merchandise, packages, or articles unshipped or shipped within the said harbour, or reccived at or taken from any wharf within, upon, or adjacent to the said harbour, nor in respect of vessels entering and using the said harbour, anything in the said Acts to the contrary not- withstanding, but only such rates in respect of the same respectively shall be payable as are made payable by this Act to the Company. Provided that nothing herein contained shall exempt any vesscl from the payment to any Collector of Customs of the half: yearly har- bour and light rate payable in pursuance of the provisions of the Navigation Acts 1871-1881 and any Act amending the same. Provided also that nothing herein contained shall apply te any customs duties, or shall be deemed to affect. the provisions of any Customs Duties Act or any Customs Regulation Act for the time being 7 oree. . Nothing in this Act shall extend to charge with rates or duties, o ot 'to regulate, or subject to any control, any v esscl belonging to or employed in the service of Her Majesty, her heirs and successors, or any member of the royal family, or in the service of the customs or excise, or of the Government of New South Wales using the harbour, or any wharf, and not conveying goods for hire or profit, or any post-office bag of letters conveyed by any vessel whatsocver, or any of the officers or persons employed in the service of the admiralty, ordnance, customs, excise, or post-office, or their baggage, or any vessel or goods being under seizure by the officers of revenue, or any naval, victualling, or ordnance stores or other stores or goods for the service of or being the property of Her Majesty, or any troops landed, delivered, or disembarked within the said harbour, or their baggage ; but all such vessels, officers, or persons or things as aforesaid shall have the free use of the said harbour, and of all wharves, without any charge or rate being made for using the same. Provided always that if any person claim and take the benefit of any such exemption as aforesaid without being entitled thereto, he shall, for every such offence, be liable to a penalty not excceding ten pounds. 18. If any vessel for which the rates have been paid be obliged from stress of weather or other sufficient cause, after leaving the said harbour, or any wharf, to return with the same cargo, the rates so paid shall not again be payable in respect of such vessel. 19. 1890. 54 VIC. 103 ~ Tlawarra Har our and i Land Corporation. 19. It shall be lawful for the Company to nominate and appoint Authority to appoint by a written instrament bearing the seal of the Company such persons colctors 9 fo ee as they may think fit to act as 'collectors, and to demand, levy, collect, ~ receive, and recover any rates Which the Company is authorized to levy, collect, receive, or reecyer. And any such persons so appointed shall have and may exercise such lawful power and means for the recovery thereof in case of non-payment or evasion as may be exercised under any law for the time being in force by a person duly appointed to collect wharfage rates in respect of merchandise or packages landed at or laden from any public wharf. 20, The owner of every vessel or float of timber shall be Owner of vessel answerable to the Company for any damage done by such yessel or 3mwemble for float of timber, or by any person employed about the same, to the ~~ said harbour or any wharf or the works connected therewith; and the master or person having the charge of such vessel or float of timber, through whose wilful act or negligence any such damage is done, shall also be Hable to make good the same, and the Company may detain any such vessel or iloat of timber until sufficient security has been given for the amount of damage done by the same. Provided always that nothing herein contained shall extend to impose any liability for any such damage upon the owner of any vessel where such vessel shall at the time when such damage is caused be in charge of a duly licensed pilot, whom such owner or master is bound by law to employ and put his vessel in charge of. 21. If the amount ciaimed in respect of any such damage as Mode of recovering aforesaid do not exceed fifty pounds such damage shall be ascertained, spout ol anise and the amount thereof shall be recovered before two Justices. : 22. In addition to the remedies hereby provided for the recovery Vessel, &«., may be of the amount payable in respect of any such damage as aforesaid, Utne the Court before which the same is recovered may cause the vessel or float of timber causing such damage, and any tackle and furniture thereof to be distrained and kept until the amount of d: nmages and costs awarded be paid, and if the same be not paid within seven days after such distress or kecpimg may cause the property so distrained or kept, or any part thereof, to be sold, and out of the proceeds of suclt sale may pay the amount of damages and costs awarded, and all the charges ineurred by the distress, keeping, and sale of such property. 23. The Company shall not he liable for damage caused by any Company not. linble blocking, stoppage, or obstruction of or in the said entrance to the fey becking ot harbour or the said channel; but the Company shall use all reason- able diligence to remove such blocking, stoppage, or obstruction without unnecessary delay. 24. The Company shall not erect any light-house or beacon, or Lights, beacons, or exhibit or allow to be exhibited any light, beacon, or sea-mark without Sp7arks wet fo be the sanction of the Marine Board under their seal first having been without sanction of obtained in that behalf'; and if any such light, beacon, or sea-mark ire Bear. be exhibited with such, sanction as aforesaid, the same shall not be afterwards altered without the like sanction; and every such light, beacon, and sea-mark shall be of such power and description, and shall be from time to time discontinued or altered as the Marine Board shall from time to time direct. 25. The said harbour shall, so far as is not inconsistent with the Navigation Acts, so provisions of this Act, be subject to the provisions of any Acts for fur as not inconsistent with this Act, fo the time being in force with respect to the matters dealt with by «pply to harbour. the Navigation Acts 1871-1881, and also subject to the general 3 or laws for the time being in force with regard to navigable waters '3 viel No 13, within the Colony of New South Wales. 45 Vie. No. 6. 26. Nothing in this Act contained shall interfere with the Rights of owners of existing rights of 'the owners of the foreshores of the lake, including Foreshores not to be 5 interfered with. any Power of tho Government to resume, Appointment of consulting engineer. Restriction on sale, Authority to eon- struct railways. 54 VIC. 1890. Illawarra Harbour and Land Corporation. any right which any owner of any part of the foreshores of the said lake may have to erect a wharf or wharves from his land into the waters of the lake and to collect and recover rates for the use thereof. Any owner of any part of the said foreshores who shall have erected such a wharf, as aforementioned, shall be at liberty to excavate channels from the said wharf or wharves connecting with the Company's channel or otherwise. Provided that such works shall be carried out in such a manner as not to be prejudicial to any work executed or in course of execution by the Company. 27. It shall be lawful for the Governor at any time after the expiration of twenty years from the passing of this Act to resume all harbour works carried out in pursuance of this Act, including any land reclaimed by such works, except on the foreshores of the property of which the Company now stands possessed, together with the full control of the said harbour, wharves, piers, jetties, or other harbour works, subject to all liabilities attaching thereto under the provisions of the " Lands for Public Purposes Acquisition Act." 28. It shall be lawful for the Governor to appoint a competent person, approved by the Company, to act as consulting enginecr to the Company until the completion of all work in connection with the making, opening, and construction of the said harbour ; and any such work shall be carried out with the approval of such enginecr, who shall also inspect and pass all works at least once in every three months and report upon the same to the Colonial Treasurer. Such engineer may in writing direct anything to be done which in his judgment shall be necessary for the stability of such works, and the same when so directed shall be done by the Company to the reasonable satisfaction of such engineer. Provided that should the Company fail to comply with any such direction of such engineer within a reasonable time in that behalf, they shall be liable to pay to the Colonial Treasurer 'the sum of twenty pounds for every day beyond such reasonable time in which they shall make default. Provided also that the salary or fees of such engineer shall be determined by the Governor as a term of his appointment, and shall be paid by the Company. 29. It shall not be lawful for the Company, at any time before the expiration of seven years from the passing of this Act, to assign or sell any of the property, matters, or things mentioned in section twenty-seven hereof, or the benefit of any right acquired thereby or thereunder, and any such sale, and any agreement or undertaking to sell, made within such period of seven years to take effect at or after the expiration thereof, shall be, and is hereby declared to be, wholly void. Provided that nothing in this section, or other- wise in this Act contained, shall operate to prevent the Company .from raising money for the purposes of the said works or other the purposes of the Company, by way of security upon the aforesaid property, matters, or things, or other the property of the Company, whether such security be given by way of mortgage, debenture, or otherwise. . 30. It shall be lawful for the Company to make and construct the railways specified in Schedule E hereto from the land belonging to the Company through the lands specified in Schedule E, and to make one of the said railways cross, and also by means of sidings, or otherwise connect with the Illawarra line of railway near Dapto, and to take and use so much of the said lands as the Company may require for the purpose of such railways in the lines described in the said Schedule E, or either of them, not exceeding in any part thercof a greater space in breadth than sixty-six feet, including the supports, abutments, and foundations of the said railways. Provided 1890. oF VIC. Mawarra Har bour and Land Con "poration. Provided that it shall be lawful for the Company in making the said railways to deviate to the extent of not more than ten chains on cither side of the lines described in the said Schedule. Provided also that one of the said railways shall be constructed and brought into usc within the term of five years from the passing of this Act. 31. So much of the said lands as shall be taken or used by the Company under the provisions of this Act for the purpose of the said railways, whether Crown land or land of some other owner, with such right of ingress, egress, and regress upon the adjacent lands as may be necessary for the making and repair of the said railways, shall, by virtue of this Act and without the conveyance, be vested in the Company. necessity of any Crown grant or Provided that, if in the exercise of the powers hereby granted, it be found necessary to cross, cut t any part of any road, whether carria: render it impassable for, or dangerous entitled to the use thereof, or to diver creck or water-course, the Company rough, raise, sink, shut, or use gc road or horse road, so as to or inconvenient to the persons the course or direction of any shall, before the commencenient of any such operations, cause a sufficient road, or new creck or water- course to be made, instead of any road, or creek, or water-course interfered with, and shall at their own expense maintain such sub- stituted road in a state as convenient as the road interfered with, or as nearly as may be. And the Company, before they use the said lands for any of the purposes aforesaid, shall, if required so to do, separate the same by a sufficient