New South Wales: 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 fence from the land adjoining thereto, with 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 ¢ cates in like manner in all cases where the same may be necessary to prev ent the straying of cattle from or upon the lands traversed by'such roads. 32. The railways shall be at all times open to the public upon payment ofa toll to the Company not excceding threepence per ton per mile in respect of every ton of goods for every tr uasit, the party secking transit supplying and loading his own trucks or waggons and the Com: pany supplying locomotive power (being thereunto required by the party secking transit twenty-four hours, at least, previously). And such supply of locomotive power shall not be compulsory on the Company unless the party secking transit guarantee and bring two hundred tons at the least during the "twelve working hours to be mentioned in such notice. But it shall be compulsory on the Company to carry any quantity not less than forty tons if the locomotive be actually at work, and all trucks when emptied shall be conveyed on their return free of cost. 'The railways shall be at all times open to the public upon pay- ment of a toll to the Company not exceeding twopence per ton per mile in respect of every ton of goods for every transit, if the party secking transit supply the locomotive power as well as trucks or Wwaggons. Provided that so long as the Company shall supply necessary locomotive power no other person shall use locomotive power on the line. Pro- vided, also, that if the railways shall be damaged by parties who shail themselves use the railways for transit and supply locomotive power, the Company shall be entitled to compensation for such damage, to be recovered either by action in the Supreme Court, or, if the amount claimed is not more than two hundred pounds, by action in the District Court, or, if the amount claimed is not more than 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 railways, but to the consequential damage (if any) sustained by reason of the suspension of transit or otherwise. After the railways shall have been opened for transit the Company h shall Tands vested jn tho Company without conveyance, Railways to be open to the public. Branch railways. Right to carry passengers, 54° VIC. 1890. Tlawarr a Harbour and Land Corporation. shall continue to provide the locomotive power required for using the same (accidents excepted) until twenty-cight days notice shall have been given by them, by advertisement in the Gazette, that they intend, after the expiration of a day to be named in such notice, to suspend or discontinue working the railways or supplying the necessary locomotive power thereon, whereupon it shall be lawful for any person entitled to use the railways to provide locomotive power, such person paying the toll hereinbefore mentioned to be payable in such event. Provided that any person interested in using the railways, upon giving to the Company three calendar months notice in writing of his intention so to do, may make application to the Governor to reduce the tolls limited by this Act, and to ercate a new scale applic- able to the traffic on the said railways, such new scale being below the scale limited by this Act; and it shall thereupon be lawful for the Governor to reduce the tolls to such extent as shall be shown to be under all the circumstances reasonable. Provided that the clear divisible profits of the railways shall be annually made good to the Company by the persons using the said railways, at the rate of fiftecn 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 railways, after debiting the railways with the cost of maintaining the line in proper working order and erediting the railways with the carriage obtained by the Company at the rate aforesaid. 33. It shall be lawful for the owners or occupicrs of the lands traversed by the said railways to lay down upon their own lands any collateral branches of railways to communicate with the said railways for the purpose of bringing carriages, trucks, or waggons to or from orupon the said railways, and the Company shall, if required, at the expense of such owners or occupiers, make openings in the rails and such additional railways as may be necessary for effecting such communication in places where the communication can be made with safety to the public and without injury to the said railways, and without inconvenience to the traffic thereupon, and the Company shall not take any rate or toll or other moneys for the passing of any passengers, goods, or other things along any branch so to be made by any such owner or occupier or other person, but this enactment shall be subject to the following restrictions and conditions (that is to say) :— No such railways shall run parallel to the said railways. The Company shall not be bound to make any such openings in any place which, before being thereunto required, they shall have set apart for any specific purpose with which such communication would interfere, nor upon any inclined plane or bridge, nor in any tunnel. The persons making or using such branch railways shall be subject to all by-laws and regulations of the Company from time to time made with respect to passing upon or crossing the rail- ways and otherwise, and the persons making or using such branch railways shall be bound to construct and from time to time as need may require to renew the off-set plates and. switches according to the most approved plan adopted by the Company under the direction of their engincer. Provided always that nothing in this Act contained shall prevent the owner of any coal property from making a line or lines of railway from such pr operty to the present Gover nment Illawarra line of railway. 34. It shall be lawful for, but not compulsory upon the 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 respectively, 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 1890. of? VIC. Illawarra Harbour and Land Corporation. shall be established from time to time by the Directors of the Company, for or in respect of all such passengers and live stock which shall be conveyed or transported upon such railways, or either of them, or any part thereof respectively. Provided that if the rates, tolls, or dues that may he estab- lished as aforesaid, under and by virtue of this Act, shall be found excessive, it shall be lawful for the Governor to reduce the said rates, tolls, or dues, and to revise them in such manner as may seem most proper and advisable. Provided also that nothing in this Act contained shall extend to charge, or make liable the Company further, or in any other case than where, according to the laws of this Colony, stage coach proprietors and common ¢arricrs would be liable, nor shall extend in any degree to deprive the Company of any protection or privilege which common carricrs or stage coach proprietors may be entitled to, but on the contrary, the Company shall at all times be entitled to the benefit of every such protection and privilege. 35. For the purposes and subject to the provisions hereinafter contained it shall be lawfal for the Company, their deputics, agents, servants, and workmen, and all other persons by them authorized and empowered fo divert or alter the course of any roadway or water-course crossing the railways, or cither of them, or to raise, sink, or divert any roadway or water-course in order the more conveniently to carry the same over or under, or by the side of the railways, or cither of them. 36. If the Company do not cause another suflicient road or new ereck or water-course to be so made before they interfere with any such existing road, creck, or water-course as aforesaid, they shall forfeit twenty pounds for every day during which such substituted road, creck, or water-course shall not be made after the existing road, creek, or water-course shall have been interrupted, and such penalties shall he paid to the trustees, commissioners, surveyor, or other persons having the management of such road, if a public or parish road, and shall be applied for the purposes thereof, or in case of a private road the same shall be paid to the owner thereof, and every such penalty shall be recoverable with costs by action cither in the Supreme Court, or if the amount claimed is not more than two hundred pounds, in the District Court. 37. If in the course of making the railways or cither 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 repairs 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 imposc on the Company, for not carrying into effect such repairs, any penalty not excceding ten pounds per diem as to such Justices shall seem fit, and any such penalty shall be paid to the trustees, commissioners, surveyor, or other persons having the management of such road if a public or parish road, and be applied for the purposes of such road, or if a private road the same shall be paid to the owner thereol! Provided that the said Justices shall have regard to and shall make full allowance for any tolls that may have been paid by the Company on such road in the cowrse of using thereof. Power to divert or alter roads or water-courses, Penalty for not substituting roads or witer-courses, Repairs of roads. 38. If the railways cross any public or parish road, then. Bridges to be cither such road shall be carried over the railways or the railways constructed where the railways cross shall be carried over such road by means of a bridge of the height highway. and width and with the ascent or descent by this 'Act in that behalf hereinafter provided, and such bridge with the immediate approaches and Owners and oveupiers crossing. Provisions if Illawarra Railway is crossed on a level, Provisions in cases where roads are crossed on a level. 54° VIC. 1890. Nlawarra Harbour and Land Corporation. and all other necessary works connected therewith shall be executed by and be at all times thereafter maintained at the expense of the Company. Provided that on the order of two Justices giving authority in that behalf it shall be lawful for the Company to carry the railways across any such road on the level. 39. Until the Company shall have made the bridges or other proper communications which they shall under the provisions herein contained have been required to make between lands intersected by the railways, but for no longer time, the owners and occupiers of such lands, and' any other persons whose right-of-way shall be affected by the want of such communications, and their respective servants, may at all times frecly pass and repass with carriages, horses, and other animals directly but not otherwise across any part of the railways 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 railways, or to damage the same. Provided always that if the owner or occupier of any such land have received or agreed to receive from the Company compensation in lieu of the making by the Company of any such communications, such owner or occupier, or those claiming under him, shall not he entitled so to cross the railways. 40. The Company shall, subject to the regulations to be made from time to time by the Railway Commissioners, and approved by the Governor, have power to cross the [Jawarra line of railway on the level, in such manner as shall be approved by the Railway Commissioncrs, and for that purpose to lay down such rails and execute such other works as shall be necessary for the purpose of such crossing. And the rails for such crossing shall be laid down at the expense of the Company under and subject to the directions and approval of the Railway Commissioners. Provided that the Company shall, before they shall be at liberty to cross the said Illawarra line of railway, erect upon their own land, and all times thereafter maintain a suitable station or lodge at the place where the Company's railways shall cross the Hlawarra line of railway on the level, and shall also erect and maintain all necessary signals, that is to say, all junction or crossing signals and two distance signals at the said crossing. 41. If the railways cross any public or parish road on a level the Company shall erect and at all times maintain good and sufficient gates across such road on each side of the railways, where the same shall communicate therewith, and shall, if so ordered as aforesaid, employ proper persons to open and shut such gates, and such gates shall be constantly kept closed across such road on both sides of the railways, except during the time when horses, cattle, carts, or carriages passing along the same shall have to cross such railways, and such gates shall 'be of such dimensions and so constructed as when closed to fence in the railways and prevent cattle or horses passing along the road from entering upon the railways, and the person entrusted with the care of such gates shall cause the same to he closed as soon as such horses, cattle, carts, or carriages shall have passed through the same, under a penalty of forty shillings for every default therein. Pr ovided always that it shall be lawful for the Sceretary for Public Works, in any case in which he shall be satisfied that. it, will be more condacive to the public safety that the gates on any level crossing over any such road shall he kept closed across the railways, to order that such gates shall be kept so closed instead of across the yoad; and in such case such gates shall be kept constantly closed across the railways, execpt when engines or carriages passing along the 1890. 54 VIC. Illawarra Harbour and Land Corporation. the railways shall have occasion to cross such road, in the same manner and 'und the gates being hended. "to the railways, it shal er the like penalty as above directed wit kept closed across the road. . In case of accidents or slips happening, or cuttings, embankments, or other works be lawful for the Company and their workmen and 1 respect to dyeing 3 appre- Power to enter upon P . adjoin x lands to of the said repair aceidents subject. to « certain servants to enter upon the land adjoining thereto at any time whatso- Testtons. ever for the purpos do such works as may be necessary for the purpose ; but the Company shal a report to the Secretary for Publie Works specifying t such accident or a ent, and of the wor to be done, and s Seerctary shall, af exercise is not necessary for the pub Provided th adjoining lands as admit of, and shal e of repairing or , Within forty-cig pprehended accic uch powers shall er considering t at such works s che nature of acci reventing rht hours ecase ant lic safety. 1all be as dent or ap be exceuted wi h all poss compensation shall be made to the owners and for the loss or injury or inconvenience sustained by them respectively by reason of such works, the amount of whic of any dispute about the same, shall be settled manner hereinafter mentioned and provided ; be taken permanently for any such works ot. provided with respect to the lands originally taken for the purpose of making the said railways. such accidents, and to in every case entry, make 1e nature of ks necessary determine if the said after such ic said report, certify that their little injurious to the prehended accident will ible dispatch, and full occupiers of such lands 1 compensation, in case by arbitrators in the also that no land shall nerwise than is hercin 43. Every bridge to be erected for the purpose of carrying cither Construction of of the said railways over any road shall be built in conformity with the following regulations (that is to say) :— The width of the arch or opening shall be such as to leave there- wiath of opening. under a clear space of not less than thirty feet between the abutments at the level of the surface of the road and up to a height of twelve feet therefrom if the arch or opening be over a public road, and of not less than twenty fect at the level of the surface of the road and up to a height "of twelve fect there- from if the arch or opening he over a V parish road (not being a tramroad or bridges carrying railw: ay over roads. railroad), and of not less than twelve feet if over a private road (not being a tramroad or railroad), and of not less than twenty-five fect if over a tramroad or railroad. The clear height of the arch or opening from the surface of the peight of opening. road shall be not less than sixteen feet for a space of twelve feet if the arch or opening be over a public road, and not less than fifteen feet for a space of ten feet if over a parish road, and not less than fourteen {cet for a space of nine fect if over a private road, in case such public road, parish road, or private road respectively be not a tramroad or railroad; and in case such road be a tramroad or railroad, then the clear height of the arch or opening from the surface of such road shall be not less than seventeen fect for a space of twenty-five fect. The under the bridge, descent to be made in the road, in order to carry the same Gradient of road. shall not be more than one foot in thirty fect if the bridge be over a public road, one foot in twenty feet if over a parish road, and one foot in sixteen fect if over a private road, in case such public read, parish road, or private road respectively be not a tramyroad or railroad ; and in casc such road be a tramroad or 'ailroad, the descent shall not be greater than the ruling gradient of such tramroad or railroad. AA. 110 of? VIC. 1890. Ilavcarra Harbour and Land Corporation, Construction of 44, Every bridge to be erected for the purpose of carrying any ous over uilwoy. road over either of the said railways shall be built in conformity with the following regulations (that is to say) :— Fenecs. There shall be a good and sufficient fence on each side of the bridge of not less height than four fect, and on each side of the immediate approaches of such bridge of not less than three fect. Width of road, The road over the bridge shall have a clear space between the fences thereof of thirty-five feet if the road be a public road, and twenty-five feet if it be a parish road, and twelve feet if a private road. Gradient of road. The ascent shall not be more than one foot in thirty feet if the road be a public road, and one foot in twenty fect if a parish road, and one foot in-sixteen fect if a private road, in case such public road, parish road, or private road respectively be not a tramroad or railroad, and in case such road be a tram- road or railroad, the ascent shall not be greater than the ruling gradient of such tramroad or railroad. The width of the 45. Pr ovide (dl always that in all cases where the average available bridges nocd mote width for the passage of carriages of any existing road within fifty adincertan yards of the points of crossing the same is less than the width hercin- eases, before prescribed for bridges over or under the railways, the width of such bridges need not he ereater than such average available width of such roads, but so nevertheless that such bridges 'be not of less width in case of a public road or parish road than. tw enty feet. Provided also that if at any time after the construction of the railways the average available width of any such road shall be increased beyond the width of such bridge on either side thereof, the Company shall be bound, at their own expense, to inerease the width of the said bridge to such extent as they may be required by the trustces or surveyors of such road, not exceeding the width of such road as so widencd, or the maximum width herein prescribed for a bridge in the like case over or under the railways. Existing inclination 46. Provided also that if the mean inclination of any road of roads crossed oF within two hundred and fifty yards of the point of crossing the same, improved. or the inclination of such portion of any road as may require to be altered, or for which another road shall be substituted, shall be steeper than the inclination hereinbefore required to he preserved by the Company, then the Company may carry any such road over or under the railways, or may construct such altered or substituted road at an inclination not steeper than the said mean inclination of the road so to be erossed, or of the road so requiring to be altered, or for which another road shall be substituted. Works for benetit of 47. The Company shall make, and at all times thereafter main- owners. tain the following works for the accommodation of the owners and oecupiers of lands adjoining the railways (that is to say) :— Gates, bridges, &c. Such and so many convenient gates, bridges, arches, culverts, and passages over, under, or by the sides of, or leading to or from the railways as shall be necessary for the purpose of making good any 'interruptions caused by the railways to the use of the lands, or any streets not div erted under the powers herein contained, through which the railways shall be made; and such works shall be made forthwith' after the part of the railways passing over such lands shall have been laid out, or formed, or during the formation thereof. Fences. Also sutlicient posts, rails, hedges, ditches, mounds, or other [ences for separating the land taken for the use of the railways from the adjoiming lands not taken, and protecting such lands from trespass, or the cattle of the owners or occupiers thereof from straying 1890. of VIC. Illawarra Harbour and Land Corporation. straying thereout, by 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 be made forthwith after the taking of any such lands, if the owners thereof shall so require, and the said other works as soon as conveniently may be. Also all necessary arches, tunnels, culverts, drains, or other passages, cither over or under, or by the sides of the railways of such dimensions as will be sufficient at all times to convey the water as clearly from the lands lying near or affected by the railways, as before the making of the railways, or as nearly so as may be, and such works shall he made from time to time as the raiiway works proceed. Also proper watcring-places for cattle, or compensation in licu thereof, where, by reason of the railways, the cattle of any person occupying any lands lying near thereto shall he deprived of access to their former watering-places, and such watering-places shall be so made as to be at all times as sufficiently supplied with water as theretofore, and as if the railways had not been made, or as nearly so as may be, and the Company shall make all necessary water-courses and drains for the purpose of conveying water to the said watering- places. Provided always that the Company shall not be yequired to make such accommodation works in such a manner as would prevent or obstruct the working or using of the railways, nor tomake any accommodation works with respect to which the owners and occupiers of the lands shall have agreed to rcecive, and shall have been paid compensation instead of the making them. 48. If any person omit to shut and fasten any gate set up at either side of the said railways for the accommodation of the owncrs or occupiers of the adjoining lands as soon as he and the carriage, cattle, or other animals under his care have passed through the same, he shall forfeit for every such offence any sum not exceeding ten pounds. 49. The Company shall not be entitled to any mines of coal, ironstone, slate, or other mincrals under any land vested in them by virtue of this Act, except only such parts thereof as shall be necessary to be dug or carried away in the construction of the works hereby authorized. 0. The provisions contained in the following sections of the " Public Works Act of S88" shall (so far as they are applicable and subject to the proviso hereinafter contained) be incorporated with and form part of this Act, and be applied as fully and effectually as if the said sections had been specifically enacted herein, that is to say—- sections thirty-one, thirty-four, and thirty-six; sections forty to tifty-five, both inclusive; and sections fifty-seven to seventy-two, both inclusive. Provided that— (a) Wherever, in any section so incorporated, the words 'the Constructing Authority,' or the words "er Majesty" oceur, the words "the Company"' shall, for the purposes of this Act, be substituted for the said words respectively. (¥) And whenever in any of the said sections the expressions "sell and convey," "sell and convey or release," or " sell, convey, or release"? oceur, the word "sell"? shall, for the purposes of this Aet, be substituted therefor, and nothing in the said sections contained shall, for the purposes of this et, render the execution of a conveyance or release necessary. (¢) Til Drains. Watering-places. Penalty or persons omitting to fasten gates, Minerals not to pass. Certain provisions of 51 Vic. No. 37 in- corporated herewith. Provisions to apply to Crown Lands. Costs against, Government how recovered. 39 Vic. No. 28 Now disputes as to compensation to be settled. 51 Vic. No. 37. Compensation for temporary or recurring injuries, Compensation to be made for temporary occupation. of VIC. 1890. Ilawarra Harbour and Land Corporation. (ce) And section forty-two, subsection two, of the said Act shall, for the purposes of this Act, be read as though, for the words "under his hand and official seal'? were substituted the words "under the seal of the Company." And section fifty of the said Act shall, for the purposes of this Act, be read as though for the words " Public Works Act of 1888" were substituted the words " Tawarra Harbour and Land Corporation (Limited) Act, 1889." (ce) And to section fifty-two cf the said Act there shall, for the purposes of this Act, be added the following proviso: "Provided that where one of the partics to the arbitration is the Sceretary for Lands, the arbitrators shall deliver the said award in duplicate, one to the Company and the other to the Seeretary for Lands." And the provisions of the said sections of the said Act shall, so far as they are applicable, apply, for the purposes of this Act, to Crown Lands, and any costs to he borne by the Secretary for Lands shall be paid, and on default execution may be had, and the amount levied in like manner as in the case of costs awarded against a nominal detendant under the claims against the Colonial Government Act. 51. If, within sixty days after the passing of this Act, the owners of any lands taken by the Company under the provisions of this Act, and all parties having any estate or interest in such Jands, or any of them, fail to agree with the Company as to the amount of the com- pensation to be paid by the Company for the interest in such lands belonging to such owner or party, or which he is by this Act enabled to sell, or for any damage that may be sustained by reason of the execution of the work authorized by "this Act, or if any other question as to compensation shall at any time arise under this Act, the amount of such compensation shall be settled and the costs of and incident to any inquiry in respect. thereof shall be borne and the whole matter dealt with in the manner provided by such of the said sections of the "Public Works Act of 1888" hereinbefore incorporated with this Act as deal with the manner of scttling cases of disputed compensation. 52. The Company shall make compensation and satisfaetion to he owners or occupiers of lands affected by the railways (the amount of such compensation and satisfaction to he ascertained and recovered, in case of difference, and the cost of and incident to any inquiry in respect thereof to be borne in the manner hereinbefore provided) for temporary, permanent, or recurring injury, and all other damage, oss, costs, charges, and inconvenience which may in anywise be occasioned to the said owners or occupiers by the non-performance by the said Company of any of the matters and things hereby required to Ȣ performed by them or otherwise. 53. In every case where the Company shall take temporary possession of Jands, by virtue of the powers hereby granted, it shall be incumbent on them within one month after their' entry upon such ands, upon being required so to do, to pay to the occupier of the said ands the value of any crop or dressing that may be thereon, as well as full compensation for any other damage of a temporary nature which he may sustain by reason of their so taking possession of his ands; and they shall also, from time to time during their occupation of the said lands, pay half-yearly to such oceupier or to the owner of the lands, as the case may require, arent to be fixed by two Justices, in case the parties differ, and shall also, within six months after the completion of the work by reason whereof such possession shall have heen taken, pay te such owner and oceupicr, or deposit in the bank for the benefit of all parties imterested, as the case may require, compensation for all permanent or other loss damage, or injury that may 1890. 54? VIC. 113 Illawarra Harbour and Land Corporation. may have been sustained by them by reason of the exercise as regards the said lands of the powers hereby granted, including the full value of all clay, stone, gravel, sand, and other t things taken fr 'om such lands. 54, If in any case in which, according to the provisions of this Sheriff authorized to Act, the Company 1s authorized to enter upon and take possession of wiv? possession of any lands required for the purpose of carrying out the works authorized by this Act, the owner or occupier of any such lands or any other person refuse to give up the possession thereof, or hinder the Company from entering upon or taking possession of the same, it shall be lawful for the Company to issue its warrant to the Sheriff to deliver possession of the same to the person appointed in such warrant to receive the same, and upon the reccipt of such warrant the Sheriff shall deliver possession of any such lands accordingly, and the costs accruing by reason of the issuing and execution of such warrant to be settled dv the Sheriff shall be paid hy the person refusing to give possession, and the amount of such costs shall be deducted and retained by the Company from the compensation, if any then payable, to such party, or if no such compensation shall be payable to such party, or if the same be less than the amount of such costs, then such costs or the excess thereof beyond such compensation, if not paid on demand, shall xe levied by distress, and upon application to any Justice for tha purpose he shall issue his warrant accordingly. 55. All offences against this Act or any regulation made under Penalties, &e., how his Act in respect of which any pecuniary penalty is imposed, "?""")™ and all procecdings for the recovery of any expenses or sum o money by this Act made payable shall (unless otherwise hereinbefore provided for) be heard and