The Ashtonfields Coal-mines Railway Act of 1921 (NSW)

The Ashtonfields Coal-mines Railway Act. THE ASHTONFIELDS COAL- MINES RAILWAY ACT, An Act to enable William Longworth and Thomas Longworth, of Sydney, in the State of New South Wales, to construct a railway from coal lands at Buttai, in the parish of Maitland, county of Northumberland, to the Great Northern Railway at Thornton, in the parish of Alnwick. [Assented to, 7th December, 1921.] JHEREAS William Longworth and 'lhomas Longworth, both of Sydney, in the State of New South Wales, are owners of coal mines upon the lands situated at Buttai, in the parishes of Alnwick, Maitland, and Stockrington, in. the county of Northum- berland, near Thornton, and in order to facilitate com- munication between the said coal mines and the Great. Northern Railway the said William Longworth and Thomas Longworth, hercinafter designated the pro- moters, are desirous of constructing a rail. ay from their said coal mines to the Great Northern railway at or about the Thornton railway station; but as part of such railway and sidings are intended to be made upon and pass through land believed to be the property of the Crown, bodies corporate, and private persons respec- tively, the same cannot be made without Legislative authority: And whereas the said coal mines are likely to prove beneficial to the State, and the public are con- cerned in promoting such increase in and facilities for the supply of coal for local consumption, steam naviga- tion, and export, as would result from the construction of George V, Preamble. 224 The Ashtonfields Coal-mines Railway Act. George V. of the said proposed railway and sidings, and traffic on the Great Northern railway would be increased thereby, it is therefore desirable to authorise by Legislative enact- ment the construction of the said railway and sidings, subject to the provisions hereinafter contained, upon payment of compensation to the several parties through whose land the same shall pass for such portion of their respective lands as may require to be taken and occupied thereby: Be it therefore enacted by the King's Most Excellent Majesty, by and with the consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :— Authority to 1, It shall be lawful for the said promoters to make Stiiwayana and construct a railway which shall be of the same gauge connect same as the Government Railways, namely, four feet eight win Great ond a half inches, from a point commencing in the Railway. lands of the promoters bearing north-east ten chains from the south-west corner of portion twenty-five in the parish of Maitland, county of Northumberland, and bearing thence about north-east to a point about eight chains south from the north-cast corner of the said portion, thence through lands of John Farrell, the trustees of the will of the late Henry Osborne, the trustees or beneficiaries in the estate of the late William Fane de Salis, across the main northern road, Newcastle to Maitland, lands of said trustees or beneficiaries of the late William Fane de Salis, and land of promoters, to a point on the Great Northern railway, connecting there- with at a point about fourteen miles north of Newcastle and adjacent to the Thornton railway station, and which lands and route are particularly deseribed in the Schedule hereto, such railway to he in the direction described in the Schedule, but so that the same shall not occupy atany part thereof a greater space in breadth than sixty-six feet, and to make and construct such loop lines, stations, and sidingsas may be necessary for the safe and convenient use of the railways to be constructed as aforesaid, and to take and use so much of the lands of private persons mentioned in the Schedule as the promoters may require for their said railway, loop lines, stations, and sidings, but so that the same shall not occupy at any part thereof a greater space in breadth than The Ashtonfields Coal-mines Railway Act. 225 than: sixty-six feet. The said railway shall be con- George V. structed in a proper and workmanlike manner, to the satisfaction of the Secretary for Public Works and the Railway Commissioners. 2. The ground and soil of so much of the site of the site of railway and sidings as passes over or includes the lands (yivay ants of the Crown, bodies corporate, and private persons asin promoters. aforesaid, together with such rights of ingress, e@ress, and regress upon the adjacent land as may be necessary for the making and repair of such railway shall, so far as is necessary for the purpose of this Act, be vested by virtue of this Act and without the necessity of any conveyance in the promoters for the purposes of the railway : Provided that no lands vested in the Railway Com- missioners shall by virtue of this Act be vested in the promoters, and nothing herein contained shall prevent the said owners froin carrying on any mining operations beneath the said railway which shall not interfere with the safety of the said railway and the traffic thereon; and the promoters shall have no further rights to the soil of the said lands beneath the surface than shall be requisite for the formation and repairs of the said railway by cutting, embankiug, sinking wells, or otherwise : Provided that the said railway shall be constructed and brought into use within five years after the passing of this Act, and that in default thereof, or if after its comple- tion the said railway shall cease to he used for three years continuously, all the said lands and all the said promoters' interest and estate therein shall revert without any, conveyance to the original owners thereof, their heirs and assigns respectively : Provided also that if in the exercise of the powers hereby granted it be found necessary to cross-cut through, sink, raise, or use any part of any road so as to rendey it impassable for or dangerous or inconvenient to the persons entitled to the use thereof, the promoters shall before the commencement of any such operations at their own expense cause a sufficient road to be made instead of any road interfered with, and shall at their own expense maintain such substituted road to the satisfaction of the shire council or councils responsible for the adminis- tration of that area. And the promoters before they H use The Ashtonfields Coal-mines Railway Act. George V, use the said lands of the owners of the land for the Railway open to the public. 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 be required for the convenient occupation of such land, and shall also to all private roads used by them as aforesaid, put up fences and gates in like manner in all cases, where the same may be necessary, to prevent the straying of cattle from or upon the Jands traversed by such reads; and in case of any difference between owners or occupiers of such roads and lands and the promoters as to the necessity for such fences and gates, then the said promoters shall put up and erect such fences and gates as any two justices of the peace after inquiry shall deem necessary for the purpose aforesaid on application bei ing made to them. 3. The railway shall be open to the public use for the conveyance of coal and goods upon payment of a toll to the promoters for the conveyance of coal of a sum not exceeding one penny per ton per mile, with a minimum charge of threepence per ton in respect of every ton of coal for every transit, the person seeking transit supplying and loading his own trucks or on the Commissioners' waggons, and the promoters or Commissioners supplying locomotive power, and all trucks when emptied shall be conveyed on their return free of charge: Provided always that it shall not be compulsory on ithe promoters to supply locomotive power unless the 'party seeking the transit guarantee and bring one hundred tons Pat least during the twelve working hours, and give notice of same at least twenty- four hours previously. The railway shall at all times he open to the public for the conveyance of coal and goods upon payment of a toll to the promoters for the conveyance of coal of a sum not exceeding one halfpenny per ton per mile, with a minimum charge of twopence per ton in respect of every ton of coal for ev ery transit and for goods of a sum not exceeding one penny halfpenny per ton per mile in respect of every ton of goods for every transit, if the party seeking transit supply the locomotive power as well as the trucks and waggons : Provided The Ashtonfields Coal-mines Railway Act. Provided that so long as the promoters shall be George V. willing to supply locomotive power no other person shall use locomotive power on the line other than the Railway Commissioners : . Provided that if the railway shall be damaged by the parties who shall themselves use the railway for transit. and supply locomotive power, the promoters shall be entitled to compensation for such damage, to be recovered either by action in the Supreme Court of New South Wales, or, if such damage do not excced the sum of twenty pounds summarily bhetore two justices ; and in estimating such damages the promoters shall be entitled not only to compensation for the cost of repairing and restoring the railway, but to the conse- quential damage (if any) sustained hy reason of the suspension of transit or otherwise. 4, It shall be lawful for the owners or oceupicrs of the lands adjoining thereto or traversed by the said railway to lay down upon their own lands any collateral branches or railway to communicate with the said rail- way for the purpose of bringing carriages, trucks, and waggons to or from or upon the said railway, and the promoters shall, if required, at the expense of such owners or occupiers, make openings in the rails and such additional lines of railway as may be necessary for effecting such communications in places where the com- munication can be made with safety to the public and without injury to the said railway and without incon- venicnce to the traffic thereupon, and the promoters shall not take any rate, toll, or other moneys for the passing of any passengers, coal and goods, or other things along any branch so to be made by any such owner or occupier or other person. The promoters shall not be bound to make any such openings in any place which 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 he subject to all by-laws and regulations of the promoters from time to time made with respect to passing upon or crossing the railway 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 Branch railways. George V. Power to divert and alter the roads, Penalty for not substi- tuting a road. The Ashtonfields Coal-mines Railway Act. renew the off-set plates and switches according to the most approved plan adopted by the promoters under the direction of their engineer. : 5. For the purposeg and subject to the provisions hereinafter contained it shall be lawful for the pro- moters, their deputies, agents, servants, and workmen, and all other persons by them authorised and empowered, to divert or alter the course of any road or way crossing the railway or to raise or sink any road or way in order the more conveniently to carry the same over or under or by the side of the railway : Provided always that any such work shall he carried out to the satisfaction of the shire council or councils responsible for the administration of that area, and all such diversions, alterations, and crossings, and the approaches thereto, shall hereafter be maintained and repaired by the promoters at their own expense, and to the satisfaction of the said shire council or councils responsible for the administration of that area. 6. If the promoters do not cause another sufficient road to be so made before they interfere with any such existing road as aforesaid, or if they fail to maintain and repair all such diversions, alterations, CLOSSING'Sy and the approaches thereto, and all fences and gates across any roads which are under the care, control, and management of the shire council or councils responsible for the administration of that area, they shall forfeit Rightto carry passengers. twenty pounds for every day during which such substi- tuted road shall not be made after the existing road shall have been interrupted, or during which such diversions, alterations, crossings, or approaches or fences or gates shall remain in a state of disrepair, and such penalty shall be paid to the said shire council or councils responsible for the administration of that area if a public road, and shall be applied for the purposes thereof, in case of a private road, the same shall be paid to the owner thereof; and every such penalty shall be recover- able, with costs, by action in any court of competent jurisdiction. 7. It shall be lawful for and, at the request of the Railway Commissioners, compulsory upon the said pro- moters, from time to time, and at all reasonable times, to carry passengers, goods, and live stock, upon the said railway, The Ashtonfields Coal-mines Railway Act. 228 railway, or any part thereof respectively, and to make, Seorge V. demand, take, reecive, and recover such tolls or dues for carrying the same at such rate per mile, or other scale of charges, as shall be established from time to time by the promoters for or in respect of all such passengers, goods, and live stock, which shall be conveyed or transported upon such railway, or any part thereof respectively : And the promoters are hereby authorised to make such by-laws and regulations not inconsistent with this Act, and subject to the approval of the Railway Commis- sioners, as may he necessary for the regulation of such traffic, and such by-laws or regulations shall be binding upon all persons using or travelling upon the said rail- way ; and any persons offending against such by-laws or reeulations shall be liable to a fine not exceeding ten pounds for each offence, to be recoverable in a summary way hefore any two justices : Provided that such by-laws and regulations shall as far as practicable be similar mutatis mutandis to the by-laws and regulations made under the Government Railways Act, 1912, respecting similar matters : Provided also that the rates, tolls, and dues which may be established as aforesaid under and by virtue of this Act shall not exceed the rates, tolls, or dues charged for the time being for similar services under the Government Railways Act, 1912: Provided always that if the rates, tolls, or dues that may be established as aforesaid, under and by virtue of this Act, shall be found excessive, it shall and may be lawful for the Executive Council, on the petition of any person, to reduce the said rates, tolls, or dues, and to revise them in stich a manner as may seem most proper and advisable. 8. If in any calendar year the profits of the working Escess profits of the said vail. ay after p: ryment of all working expenses 3g paid to am and provision for reasonable depreciation exceed fifteen Revenue. per centum upon the capital expended upon the con- struction and equipment of the said railway the amount of the excess shall be paid into the Consolidated Revenue. 9. If in the course of making the railway the Road repaire. promoters shall use or interfere with any road, they shall, from time to time, make good all damage done by them to such roads to the satisfaction of the said shire council George V. Owner's crossing, Provisions in cases where roads are crossed on a level. The Ashtonfields Coal-mines Railway Act. council or councils responsible for the administration of that area; and if any question shall arise as to the damage done to any such road by the promoters or as to the repair thereof by them, such questions shall be referred to the determination of two justices, and such justices may direct such repairs to be made in the state of the roads in respect of damage done by the promoters, and within such period as they may think reasonable, and may impose on the promoters for not carrying into effect such repairs, any penalty, not exceeding ten pounds per day, as to such justices shall seem fit, and any such penalty shall be paid to the said shire council or councils responsible for the administration of that area if a public road, and be applied for the purposes of such road, or if a private road the same shall be paid to the owner thereof. 10. Until the promoters 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 and the railway, and no longer, the owners and occupiers of such lands, and any other person whose right of way shall be affected by the want of such communications and their respective servants, may at all times freely pass and repass with carriages, horses, and other animals directly, but not otherwise, across any part of the railway 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 railway or to damage the same. Nevertheless, if the owner or occupier of any such lands have in his arrangement with the promoters received or agreed to receive compensation for or on account of any such communications, instead of the same being formed, such owner, occupier, or those claiming under him shall not be entitled so to cross the railway. 11. If the railway cross any public road on a level, the promoters shall erect or construct and at all times maintain to the satisfaction of the said shire council or councils responsible for the administra- tion of that area, cattle-stops or good and sufficient gates across such railway on each side of the road where the same shall communicate therewith, and shall employ The Ashtonfields Coal-mines Railway Act. employ proper persons to open and shut such gates, and George V. such gates shall be kept constantly closed across such rail- way on both sides of the road,except during the time when engines or railway vehicles, passing along the same, shall have to cross such road, and such gates shall be of such dimensions and so constructed as when closed to fence in the road and prevent cattle or horses passing along the road from entering upon the railway, and the person entrusted with the care of such gates shall cause the same to be closed as soon as such engines or railway vehicles shall have passed through the s same, under a penalty not exceeding forty shillings for every default therein, to be recover: able before any two justices ina summary way. 12. When, in the opinion of the shire council or Maintenance it is necessary for the public convenience that any new br publie road ecrossirg or bridge should be provided over the said railway the said council may require the promoters to provide, construct, maintain, and repair such road crossing or bridge. The promoters shall comply with such requirements. 'The provisions of this Act with respect to road crossings and bridges shall apply to road crossings and bridges provided under this section. of voad councils responsible for the administration of that area, Gus 1g or Avro3as 13. In case of accidents or slips happening or being Power to 5 © enter Up: nh apprehended to the cuttings, embankments, or other vijjinine works of the said railway it shall be lawful 'for the lands to repair promoters and their workmen and servants to enter Upon qenis subje the land adjoining thereto at any time whatsoever for te the purpose of repairing or preventing such accidents, and to do such works as may be necessary for the purpose, but in every such case the promoters shall within forty-eight hours of such entry make a report to the Secretary for Public Works specifying the nature of such accident or apprehended accident, and of the works necessary to be done, and such powers shall cease and determine if the said Sceretary shall after considering the said report certify that their exercise is not necessary for the public safety or for the repair and maintenance of the said line: Provided also that such works shall be as little injurious to the said adjoining lands as the nature of the accident or apprehended accident will admit of, and shall 232 The Ashtonfields Coal-mines Railway Act. George Ve shall be executed with all possible despatch, and full compensation shall be made to the owners and occupiers of such lands for the loss or injury or inconvenience sustained by them respectively by reason of such works, the amount of which compensation in case of any dispute about the same shall be settled by arbitration in the manner hereafter mentioned; and provided also that no land shall be taken permanently for any such works otherwise than is herein provided with respect to the lands originally taken for the purpose of making the said railway. Eonstruction 14, Every bridge to be erected for the purpose of of bridges carrying the railway over any road shall be built in con- formity with the following regulations, that is to say :— The width of the arch shall be such as to leave thereunder a clear space of not less than thirty feet, if the arch be over a public road, and of twelve feet if over a private road. The clear height of the arch from the surface of the road shall not be less than sixteen feet for space of twelve feet if the arch be over a public road and in such case the clear height at the springing of the arch shall not be less than twelve feet, the clear height of the arch for a space of nine feet shall not be less than fourteen feet over a private road. The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a public road, and one foot in sixteen feet if over a private road, not being a tramroad or railroad; or if the same be a tramroad or railroad, the descent shall not be greater than the ruling gradient of such tramroad or railroad : Provided always that every such bridge shall be erected to the satisfaction of the Railway Commissioners and the Secretary for Public Works. Construction 15. Every bridge erected for carrying any road over railways. over the railway shall be built in conformity with the following regulations, that is to say :— There shall be a good and sufficient fence on each side of the bridge of not less height than four feet and on each side of the immediate ap- proaches of such bridge of not less than three > teet. The The Ashtonfields Coal-mines Railway Act. The road over the bridges shall have a clear space between the fences thereof of thirty-five feet if the road be a public road, and twelve fect if a private road, The deseent. shall not be more than one foot in thirty fect if the ro.d be a public road, and one foot. in sixteen feet if a private road, not being a tramroad or railroad, or if the same be a tramroad or railroad, the ascent shall not be greater than the ruling gradient of such tram- road or railroad: Provided always that every such bridge shall be erected to the satisfaction of the said shire council or councils responsible for the administration of that area and the said Secretary for Public Works : Provided always that in all cases where the average 233. George V. The width of available width for the passing of carriages of any the bridges need not existing road within fifty yards-of the point of crossing exceed the the same is less than the width hereinbefore prescribed voad im idth of the for bridges over or under the railway, the width of such certain cases. bridges need not he greater than such av erage available width of such roads but so, nevertheless, that such he not of less width in case of a public road than twenty fect : Provided also, that if at any time after the con- struction of the railway the average available width of any such road shall be increased beyond the width of such bridge on cither side thereo!, the promoters 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 said "shire council or councils responsible for the administration of that area, not exceeding the width of such road as so widened, or the maximum width herein prescribed for a bridge in the like case over or under the railway : Provided also that if the mean inclination of any road within two hundred and fifty yards of the point of crossing the same, or the inclination of such portion of any road as may he preserved to be altered, or for which another road shall be substituted, shal! be steeper than the inclination hereinbefore required to be preserved by the promoters, then the promoters may carry any such road over or under the railway, or may construct such altered or substituted road at an inclination not steeper ; than Existing inclination of roads crossed or diverted need not be improved. The Ashtonfields Coal-mines Railway Act. Geerge V. than the said mean inclination of the road so to be crossed, or of the road so requiring to be altered, or for which another road shall be substituted. Works for benetit of owners, Gates, bridges, &c, Fences. Drains. Watering- places, 16. The promoters shall make, and at all times thereafter maintain, the following works for the accom- modation of the owners and occupiers of lands adjoining the railway, that is to say :— Such and so many convenient gates, bridges, arches, culverts, and passages over, under, or by the sides of or leading to, or from the railway, as shall be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the rail- way shall be made. And such works shall be made forthwith after the part of the railway passing over such lands shall have been laid out or formed, or during the formation thereof. All sufficient posts, 'rails, hedges, ditches, mounds, or other fences for separating the land taken for the use of the railway from the adjoining lands not taken and protecting such lands from trespass, or the cattle of the owners or occupiers thereof from straying thereon, by reason of the railway, together with all necessary gates made to open towards such adjoining lands, and not towards the railway. And all necessary stiles and such posts, rails, and other fences shall be made forthwithafterthe taking of anysuchland, 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, either over or under or by the sides of the railway, 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 railway as before the making of the railway, or as nearly so as may be, and such works shall be made from time to time as the railway work proceeds. Also proper watering places for cattle or compen- sation in lieu thereof, where by reason of the railway the cattle of any person occupying any lands lying near thereto shall be deprived of The Ashtonfields Coal-mines Railway Act. of access to their former watering-places. And such watering-places shall be so made as to be at all times sufficiently supplied with water as theretofore, and as if the railway had not been made, or nearly so as may be. And the said promoters shall make all necessary watercourses and drains for the purpose of conveying water to the said watering-places : Provided always that the promoters shall not be required to make such accommodation works in such manner as would prevent or obstruct the working or using of the railway nor to make any accommodation works with respect to which the owners and occupiers of the land shall have agreed to receive, and shall have been paid compensation instead of the making of them. 17. If any person omit to shut and fasten any gate set up either side of the railway for the accommodation of the owners or occupiers of the adjoining lands so soon as he and the carriage, cattle, or other animals under his care have passed through' same, he shall forfeit for every such offence a sum not exceeding five pounds, to be recoverable in a summary way before any tivo justices. 18. The promoters shall not he entitled to any minerals under any land whereof the surface is vested in them by virtue of this Act exeept only such parts thereof as shall be necessary to be dug or carried away in the construction of the works hereby authorised ; and such mines shall not be deemed to vest in the said promoters. 19. If, within ninety days after the passing of this Act, the said persons through whose lands the railway shall pass, or any of them, and the promoters shall not agree as to the amount of compensation to be paid by them for the said lands belonging to the said parties, and any of them, or for any damage that may be sustained by them, or him, by reason of the exceution of the works, or if any other question as to compensation shall arise under this Act, the amount of such compen- sation shall be settled by arbitration in manner hercin- after mentioned, that is to say, unless both parties shall concur in the appointment of a single arbitrator, each party on the request' of the other party shall nominate and George V. Penalty on persons cmitting to fasten yates. Minerals not to pass, Appointment of arbitrators, George V. Vacancy of arbitrator. Appointment of umpire. The Ashtonfields Coal-mines Railway Act. and appoint an arbitrator to whom such dispute or other matter shall be referred, and every appointment of an arbitrator shall be under the hand of such party; and such appointment shall be delivered to the arbitrator or arbitrators and shall be deemed a submission to arbitra- tion on the part of the party by whom the same shall be made. And after any such appointment shall have been made neither party shall have power to revoke the same without the consent of the other, nor shall the death of either party operate as a revocation. And if, for the space of fourteen days after any such dispute or other matter' shall have arisen, and after a request in writing shall have been served by the one party on the other party to appoint an arbitrator, such last mentioned party failed to appoint such arbitrator, then upon such failure it shall be lawful for the Attorney-General, on application of the .party who has himself appointed an arbitrator, to appoint such arbitrator to act on behalf of both parties, and such arbitrator may proceed to hear and determine the matters which shall be in dispute; and in such case the award or determination of such single arbitrator shall be final and conclusive. 20. If, before the matter so referred shall be deter- mined, any arbitrator appointed by either party shall die or become incapable or refuse or for fourteen days neglect to act as arbitrator, the party by whom such arbitrator was appointed may nominate and appoint in writing some other person to act in his place. And if, for the space of seven days after notice in writing from the other party for that purpose, he fail to do so, the remainder or other arbitrators may proceed alone; and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former arbitrator at the time of such his death, refusal, neglect, or disability as aforesaid. 21. Where more than one arbitrator shall have been appointed, such arbitrators shall, before they enter upon the matters referred to them, nominate and appoint by writing under their hands an umpiré to decide any matters on which they shall differ or which shall be referred to them under the provisions of this Act. And if such umpire shall die or refuse or for seven days neglect The Ashtonfields Coal-mines Railway Act. 237 neglect to act after being called upon to do so by the George V. arbitrators, they shall forthwith, after such death, refusal, or neglect, appoint another umpire in his place, and the decision of every such umpire on the matters so referred to him shall be final. 22. If in either of the cases aforesaid the arbitrators Attorney- shall refuse or for seven days after request of either sopotat to party to such arbitration, neglect to appoint an umpire,