New South Wales: Illawarra Harbour and Land Corporation Act Further Amendment Act of 1899 (NSW)

ILLAWARRA Harnour axp Lanp Corroration Act FURTHER AMENDMENT. Preambio An Act to amend and extend the THawarr Harbour and Land Corporation Act of 1890, and the Wlawarra Harbour and Land Corpo- ration Act Amendment Act of 1895. [20th November, 1899. | WW EeAS the Illawarra Harbour and Land Corporation (limited) (being a joint stock company duly incorporated and registered under the Companies Acts of 1874 and 1888, and hereinafter called the corporation), obtained on December twenticth, one thousand cight hundred and nincty, legislative authority to form and maintain an entrance and passage between the South Pacifie Ocean and the waters of Lake Iawarra, 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 Illawarra Har bour and Land Corpor ation Act Fur ther Amendment. wharfage and shipping accommutation in connection therewith, and to construct, work, use, and maintain line or lines of railway to connect with the said harbour all or any coal-bearing lands situate between the South Coast Colliery on the north and the Macquarie River on the south: And to reclaim, purchase, take, occupy, and otherwise acquire land in certain cases, and on certain terms as to acquisition, compensa- tion, payment, rent, investiture, and otherwise: And to levy, reccive, and reeover rates, tolls, and dues for the use of the said entrance, 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 cor poration 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 Act authorising such work was by an Act amended on December twelfth, one thousand eight hundred and ninety-five: And whereas in connection with the rights, powers, and privileges granted important industries have been established: And whereas the corporation have expended large sums, totalling forty-four thousand pounds, under the provisions granted : And whereas 'undertakings which have arisen out of the oper 'ations of the corporation have necessitated the construction of a branch line of railway not specifically included within the Principal Act: And whereas the construction of such branch line over a parish road received the full authority of the Central Tlawarra Municipal Council, and it is advisable that such branch line and sanction should receive legislative approval: And whereas it is advisable that provision should be made for adding further branch lines within the lands owned hy the corporation: And whereas the rights of transit-charges and other matters should be more clearly defined by enactment: And whereas under the provisions of the Hlawarra Warbour and Land Corpora- tion Act Amendment Act of 1895 the corporation have lodged with the Colonial Treasurer the sum of ten thousand pounds : And whereas the corporation requires still further time to carry out the remainder of its objects: 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, Et shall he lawful for the corporation to continue the running Legalisation of upon and maintenance of trafic upon its branch line already con- branch line across structed and leading from its main trunk line through the Lakelands : Estate, the property of the corporation, and across Kanahooka-road, in the Borough of Central Illawarra. And the action of the municipal council in sanctioning the construction of such line over Kanahooka- road be, and is hereby, confirmed, 2. It shall be lawful for the corporation to construct, mainiain, Authority to and use any further branch lines upon lands at any time owned by the construct further corporation, 8 Act, 1899. Illawarra Harbour and Land Corporation Act Further Amendment. corporation, and to provide for a continuation of such rights of con- struction, maintenance, and user upon any lands so owned when subdivided, and over, along, and across any road, street, lane, and reserve in any and every such subdivision, subject to the terms and conditions as to freight-charges imposed in the Principal Act and Proviso. in this Act: Provided always that in any and all cases where any such extension or branch line shall cross any road, street, or lane, the authority of the Municipal Council of Central Dlawarra, or any borough hereafter embracing the same or separating itself therefrom having any authority over such road, street, or lanc, shall first be had No branch lines and obtained: Provided also that uo extension of any branch line, tside lands of tl : vt . corporation tobe. exeepting within the lands owned by the corporation at the commence- mule without ment of this Act, shall be proceeded with until after the approval of a ro . Gevernor. the Governor shall have been obtained. Minimum charge. 8. It shall be lawful, notwithstanding the regulation of tolls and charges prescribed in section thirty-two of the Principal Act, to fix a minimum charge of sixpence per ton as a freight-charge upon all goods conveyed in owners' trucks, drawn by owncrs' locomotive, steam or other power, or ninepence when drawn by the corporation, using its own locomotive, steam or other power, and for the corporation to fix the intervals and sites of stopping places upon all lines constructed : Provided that, with the exception of establishing such minimum charge, the general tenor and meaning of section thirty-two of the Principal Act shall remain in full foree and effect, and no agreement entered into by the corporation prior to the passing hereof shall he affected hereby. Increase of depth of 4, 'The conditions imposed wider section one of the Principal channel to twent¥ Act shall be completed in accordance with the provisions specified therein within the term of two years from the twentieth day December, one thousand eight hundred and ninety-cight, subject however, to the Governor having the right by proclamation at any time before the twentieth day of December, onc thousand nine hundred todirect that in the publie interest the entrance and channel deseribec in section one of the Principal Act shall be formed to a depth of twenty feet at low tide in licu of the channel described in such section one. And the corporation shall, within four years from the date of such proclamation, form the said entrance and channel to the saic depth of twenty feet : Proviso as regards Provided always that the sum of ten thousand pounds deposited deposit in Treasury. yy the corporation with the Colonial Treasurer on the twenticth day of December, one thousand eight hundred and ninety-seven, shall be retained by him as a security for the due completion of the work as in the Principal Act as amended or in the said proclamation appointed, notwithstanding anything in the proviso to scetion one of the IHawarra darbour and Land Corporation Act Amendment Act of 1895, which proviso Act, 1899. Tamworth Show-ground. proviso is hereby extended in conformity with this Act. Such deposit shall not be liable to forfeiture until the time herein or by the said proclamation appointed for the completion of the work. And should the entrance and channel be not formed as aforesaid, all harbour rights and privileges acquired by the said corporation under the Principal Act, the Amending Act, and by this Act, may be declared null and void. And all reelaimed land shall revert to the Crown. And the said deposit of ten thousand pounds shall be liable to forfeiture: Provided that section one of the Principal Act shall be read and construed as if the term mentioned in such section had been ten years from the commencement of the said Principal Act instead of seven years as therein mentioned. 5. This Act may for all purposes be cited as the ' Iawarra short title. Harbour and Land Corporation Act Further Amendment Act of 1899," and shall be deemed to be incorporated with and construed as part of the said INawarra Harbour and Land Corporation Act of 1890, which Act is hereinbefore called the Principal Act, and of the said Tlawarra Larbour and Land Corporation Act Amendment Act of 1895.