Victorian Coal-mining Company's Act of 1884 48 Vic (NSW)

Vicrortan Coa- MINING CoMPANY'S (No. 2). Preamble. An Act to authorize the construction and maintenance of a line of railway from land at Mount Kembla to the sea-coast at Port Kembla near Red Point near Wollongong. [29th August, 1884. | Wren AS Thomas Saywell merchant of Sydney New South Wales his heirs and assigns trading as the Victorian Coal- mining Company hereinafter designated the Company is about to open coal-mines on land situate nearMount Kembla in the County of Camden. and is desirous of constructing « railway from the said coal-mines to the sea-coast at Red Point through certain private lands referred to in the Schedule to this Act but such railway cannot be made without Legislative authority And whereas the said coal-mincs are likely to prove beneficial to the Colony and the public are concerned in promoting such an increase in the facilities for the supply of coal for local consumption steam navigation and export as would result from the construction of the said proposed railway it is therefore desirable to authorize by Legislative enactment the construction of the said railway subject to the provisions hereinafter contained upon payment of compensation to the several parties through whose lands the same shall pass for such portions of their respective lands as may be required to be used or occupied thereby Be it therefore enacted by the Queen's Most 1884. 48" VIC. Victorian Coal- "mining 1 Company' s (No. 2). Most Uxeellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in in Parliament assembled and by the authority of the same as follows 1. It shall be lawful for the Company to make and construct a railway from lands belonging to the Company through lands belonging to Messrs. Matthew Reen M* Loy Farrvaher Blackman O'Brien (i. Waples Nicolle Cummins Jenkins Darcy Wentworth and the Mount Kembla Coal and Oil Company to the waters of the Pacific Occan more particularly described in the First Schedule hereto and to take and use so much of the said lands as the said Company may require for the purpose of such railway in the line described in the First Schedule hereto not execeding in any part thereof a greater space in breadth than sixty-six feet including the supports abutments and foundations of the said railway but as to the lands specified in the agreement in the Second Schedule hereto (parcel of the lands in the First Schedule only upon the terms and conditions therein contained Provided that the said railway shall he constructed and brought into use within the term of three years from the passing of this Act and that in default thereof or if after its completion the said railway shall cease to be used for three years continuously all the said lands and all the said Company's interest and estate therein shall revert without any con- veyance to the original owners thereof their heirs and assigns. 2. It shall be lawful for the said Company to construct at the terminus of the said railway at Red Point aforesaid such wharf or wharves jetty or jetties and picr or picrs as the said Company may think necessary for the purpose of shipping the products of the said mines Provided that no part of any such wharf or jetty shall approach within onc thousand two hundred feet of any part of the existing pier belonging to the " Mount Kembla Coal and Oil Company (luimited)." 8. So much of the lands of the said owners or other persons (other than those lands mentioned and referred to in the said agree- ment in the said Second Schedule hereto) as shall be taken or used by the Company under the provisions of this Act for the purpose of the said railway with such right of ingress egress and regress upon the adjacent lands as may be necessary for the making and repair of the said railway shall by virtue of this Act and without the necessity of any conveyance he vested in the Company Provided that if in the exercise of the powers hereby granted it be found necessary to cross-cut through raise sink shut or use any part. of any road whether carriage road or horse road so as to render it impassable or dangerous or inconvenient to the persons entitled to the use thereof or to divert the corse or direction of any ereck or watercourse the Company shall before the commencement of any such operations cause a sufficient road or new ereck or watercourse to be made instead of any road or creck or watercourse interfered with and shall at their own expense maintain such substituted 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 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 eases where the same may be neecssary to prevent the straying of cattle from or upon the lands traversed by such roads and in case of any difference between the owners or occupiers of such roads and lands and the Company as to the necessity for such fences and gates such fences and gates shall be put up by the Company as two Justices of the Peace shall deem necessary for the purposes aforesaid on application being made to them. 4, Authority to construct railway to connect same with the sea-coast. Power to construct wharves, Tands yested in the Company without conveyance, Railway open to the public. Branch railways. 48° VIC. . 1884. Victorian Coal- mining Company' y's (No. 2). 4. The railway shall be at all times open to the public upon payment of a toll to the Company of twopence per ton per mile in respect of every ton of goods for every transit the party seeking transit supplying and loading his own trucks or waggons and the Company 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 seeking transit guarantec and bring one hundred tons at the least during the twelve w orking 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 empty shall be conveyed on their return free of cost The railway shall he at all times open to the public upon payment of a toll to the Company of one penny 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 trucks or waggons Provided that so long as the Company shall supply locomotive power no other person shall usc loco- motive powerontheline Provided that if the railway shall be damaged by parties who shall themselves use the railway for transit and supply locomotive power the Company shall be entitled to compensation for such damage to he recovered cither by action in the Supreme Court of New South Wales or if such damage do not exceed the sum of 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 railway but to the consequential damage (if any) sustained by reason of the suspension of transit or otherwise After the railway shall have been opencd for transit the Company shall continuc to provide the locomotive power required for using the same (accidents excepted) until twenty-cight days notice shallhave been given by them by advertisement in the New South Wales Government Gazette that they intend after the expiration of a day to be named in such notice to suspend or discontinue working the railway or supplying the necessary locomotive power thereon whereupon it shall be lawful for any person entitled to use the railway 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 railway upon giving to the Company three calendar months notice in writing of his intention so to do may make application to the Executive Council of New South Wales to reduce the tolls limited by this Act and to create a new scale applicable to the traffic on the said railway such new scale being below the scale limited by this Act and it shall thereupon be lawful for the said Council to reduce the tolls as in the judgment of the said Council shall be reasonable Provided that the clear divisible profits of the railway shall be annually made good to the Company by the persons using the said railway at the rate of twenty 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 railway after debiting'the railway with the cost of maintaining the line in proper working order and crediting the railway with the carriage obtained by the Company at the rate aforesaid. 5. It shall be lawful for the owners or occupiers of the lands traversed by the said railway to lay down upon their own lands any collateral branches of railways to communicate with the said railway for the purpose of bringing carriages to or from or upon the said rail- way and the Company shall if required at the expense of such owncrs or ocewpicrs make openings in the rails and such additional railways as may he necessary for effecting such communication in places where the communication can be made with safety to the public and without. injury to the said railway and without inconvenience to the traffic thereupon 1884. 48° VIC. Victorian Coal-mining Company's (No. 2.) 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 occupicr or other person but this enactment shall be subject to the following restrictions and conditions (that is to say)— The Company shall not be bound to make any such openings in any place which they shall have sect apart for any specific purpose with which such communication would interfere nor upon any 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 railways 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. slates and switches according to the most approved plan adopted by the Company undcr the direction of their engincer. 6. It shall be lawful for but not compulsory upon the said 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 ducs for carrying the same at such rates per mile or other scale of charges as 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 cither of them or any part thereot respectively And the Directors are hereby authorized to make such by-laws and regulations not inconsistent with this Act as may be 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 railways and any persons offending against such by-laws or regulations shall be liable to a fine not exceeding ten pounds for cach offence to be recovered in a summary way before any two Justices 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 to reduce the said rates tolls or ducs and to revise them in such manner as may scem most proper and advisable And it is hereby provided that nothing in this Act contained shall extend tochargeor makeliable the said Company further or in any other case than. where accor ding to the laws of this Colony stage-coach proprictors and common carricrs would be liable nor shall oxtend in ¢ any degrce to deprive the said Company of any protection or privilege which common carriers or stage-coach proprietors may be entitled to but on the contrary the Company shall at all times he entitled to the benefit of every such protection and privilege. 7. For the purposes and subject to the provisions "hereinafter contained it shall be lawful for the Company their deputics agents servants and workmen and all other persons by them authorized and empowered to divert or alter the cowrse of any roadway or water- course crossing the railways or either of them or to raise sink or divert any roadway or watercourse in order the more conveniently to carry the same over or under or by the side of the railways or cither of them. 8. If the Company do not cause another sufficient road or new creck or watercourse to he so made before they interfere with any such | existing road creck or watercourse as aforesaid they shall forfeit twenty pounds for every day during which such substituted road creck or watercourse shall not be made after the existing road creek or watercourse shall have been interrupted and such penalties shall be paid to the Trustees Commissioners Surveyor or other persons having the management of such road if a public road and shall be applied for the Right to carry passengers. Power to divert or alter roads or water+ courses. Penalty for not sube stituting roads or watercourses. Repairs of roads. Bridges to be con- structed where the railways cross high- way. Owners and occupiers crossing. Provision in cases where Government railways are crossed on a level. 48° VIC. 1884. Vi ielorian Coal-mining Company's (No. 2). 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 in any of the superior Courts. '9. If in the course of making the said railways or either o them the Company shall use or interfere with 2 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 thereot' "by them such' question shal be referred to the determination of two Justices and such Justices may dircet such repair to be made in the state of such road in respect o damage done by the Company and within such period as they may think reasonable and may impose on the Company for not carrying into effect such repairs any penalty not exceeding ten pounds per day as to such Justices shail seem fit and any such penalty shall be paid to the surveyor or other person having the management of the road interfered with by the Company 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 Provided always 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 course of using thereof. 10. If the railways cross any public highway or parish road then either such road shall be carried over the railways or the railways shall be carried over such road by means of a bridge of the height and width and with the ascent or descent by this Act in that behalf hereinafter provided and such bridge with the immediate approaches 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 with the consent of two Justices it shall be lawful for the Com- pany to carry the railways across any highway on the level. 11. 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 and no longer 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 oceupying 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 nevertheless if the owner or occupier of any such land have in his arrangements with the Company received or agreed to receive compensation for or on account of any such communications instcad of the same being formed such owner or occupier or those claiming under him shall not be entitled so to cross the railways. 12. The Company shail subject to regulations to be made from time to time by the Commissioner for Railways and approved by the Governor and Exccutive Council have power to cross the Illawarra railway line on the level in such manner as shall be approved by the Commissioner for Railways And the rails for such crossing shall be laid down at the expense of the said Company under and subject to the direction and approval of the Commissioner for Railways and for that purpose to lay down such rails and execute such other works as shall be necessary for the purpose of such crossing Provided that the said Company shall before they shall be at liberty to cross the said railway erect upon their own land and at all times thereafter maintain a suitable station or lodge at the place where the said Company's rail- way shall cross the Illawarra railway on the level and shall also erect and maintain all neecssary signals that is to say all junction or crossing signals 1884. 48° VIC. 105 Victorian Coal-mining Compan, y's (No. 2). signals and two distance signals at the said crossing And "the said Company shall employ and constantly keep employ ed at their own expense at the said crossings fit and proper persons to attend to such signals and the person so employed shall act under and in accordance with the regulations to be made by the Commissioner for Railways and approved by the Governor and Exccutive Council as aforesaid. 18. If the railway cross any private vailway or public highway Provisions in onses or parish road on a level the Company shall erect and at all. times framways ov private maintain good and sullicient gates across such road on each side of the railways are crossed railways w vhere the same shall communicate therewith and shall employ "2h 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 zattle or horses passing along the road from entcring upon the railways and the person entrusted with the care of such gates shall cause the same to be closed as soon as such horses cattle earts or carriages shall have passed through the same under a penalty of forty shillings for every default therein Provided always that it shall be lawful for the Scerctary for Public Works in any case in which he shall be satisfied that it will be more conducive to the public safety that the gates on any level crossing over any such road shall be kept closed across the railways to order that such gates shall be kept so closed instead of across the road and in such case such gates shall be kept constantly closed across the railway except when engines or carriages passing along the railways shall have occasion to cross such road in the same manner and under the like penalty as above directed with respec to the gates being kept closed across the road And the Company shal ie g either by themselves or jointly with any other Company employ proper persons to look after such gates and signals as may be ordered by and to the satisfaction of the Commissioner for Railways. 14. In case of accidents or slips happening or being apprehended Power to enter upon to the cuttings embankments or other works of the said railways it shal mejnit evident be lawful for the Company and their workmen and servants to enter subject to certain upon the land adjoining thercto at any time whatsoever for the purpose *"""™™ of repairing or preventing such accidents and to do such works as may be necessary for the purpose but in every case the Company shal within forty-eight hours after 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 shal ecase and determine if the said Secretary shall after considering the saic report certify that their exercise is not necessary for ihe public safety Provided also that such works shall be as little injurious to the adjoining lands as the nature of accident or apprehended accident will admit of and 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 i in case of any dispute about the same shall be settled by arbitrators in the manner hereinafter mentioned and provided also that no land shall be taken permanently for any such works otherwise than is hercin provided with respect to the lands originally taken for the purpose of making the said railways. 15. Every bridge to be erected for the purpose of carrying the Construction of railways over any road shall be built in conformity with the following bridges over roads. 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 overa public highway and of twenty feet if over a parish road and of twelve fect if over a private road. The 106 48° VIC. 1884. Victorian Coul-mining Company's (No. 2). The clear height of the arch from the surface of the road shall not be less than sixteen feet for a space of twelve feet if the arch be over a main road and fifteen feet for a space of ten fect if over a public carriage road and in each of such cases 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 he 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 fect if the bridge be over a public highway one foot in twenty feet if over a parish road and one foot in sixteen 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. Construction of 16. Every bridge erected for carrying any road over the railway bridges over railroad. shall be built inconformity with the following regulations that isto 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 imme- diate approaches of such bridge of not less than three feet. The road over the bridge shall have a clear space between the fences thereof of thirty-five feet if the road be a public highway and twenty-five feet if a parish road and twelve feet if a private road. The ascent shall not be more than one foot in thirty feet if the road be a main road one foot in twenty feet if a parish road and one foot in sixteen if a private road not being a tram- road or railroad or if the same be a tramroad or railroad the ascent shall not be greater than the ruling gradient of such tramroad or railroad. The width of the 17, Provided always that in all cases where the average available bridges need rey of Width for the passing of carriages of any existing road within fifty the road in certain yards of the points of crossing the same is less than the width herein- cases: before prescribed for bridges over or under the railways the width of such bridges need not be greater than such average available width of such roads but so nevertheless that such bridges be not of less width in case of a public highway or parish road than twenty 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 thercof the Company shall he bound at their own expense to increase the width of the said bridge to such extent as they may be required by the trustecs or surveyors of such road 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 railways. Existing inclination 18. Provided also that if the mean inclination of any road within Singtel org Or ae two hundred and fifty yards of the point of crossing the same or the improved. inclination of such portion of any road as may be required to be altered or for which another road shall be substituted shall be steeper than the inclination hereinbefore requiréd to he preserved by the Company then the Company may carry any such road over or under the railways or may construct such altcred or substituted road at any inclination not steeper 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 benefit, of 19. The Company shall make and at all times thereafter main- owners: tain the following works for the accommodation of owners and occu- piers of lands adjoining the railways that is to say— Gates bridges &e. Such and so many convenient gates bridges arches culverts and passages over undcr or by the sides of or leading to or from the 1884. 48° VIC. Victorian Coal- ~mining Company's (No. 2). All sufficient posts rails hedges ditches mounds or other fences Fenees. Also all necessary arches tunnels culverts drains or other passages Drains. 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 diverted 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. for separating the land taken for the use of the railways from the adjoining lands not taken and protecting such lands from trespass or the cattle of the owners or occupiers thereof from straying thercon by reason of the railways together with all necessary gatcs made to open towards such adjoining lands ~ and not toy wards 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. either 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 hy the railways as before the making of the railways or as nea wly so as may be and such works shall be made from time to time as the railway works proceed. Also proper watering-places for cattle or compensation in lic Watcring-places. 20. If any person omit to shut and thereof where by reason of the railways the cattle of any person occupying any lands lying near thereto shall be deprived of aceess to their former watering-places and such watering- places shall be so made as to be at all times sufficiently supplied with water as heretofore and as if the railways had not been made or as nearly soas may be and the said Com- pany shall make all necessary watercourses and drains for the purpose of conveying water to the said watering-places Pro- vided always that the Company shall not be required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the railways 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 paidcompensation instead of themaking them. fasten any gate sct up at Penalty on persons either side of the said railways for the accommodation of the owners or "tilting to fasten occupiers of the adjoining lands as soonas he and the carriage cattle or other animals if any under his care have passed through the same he shall forfeit for every such offence any sum not exceeding ten pounds. gates, 21. The Company shall not be entitled to any mines of coal Minerals not to pass. ironstone slate or other minerals under any land vested in them by virtue of this Act execpt only such parts thereof as shall be necessary to he dug or carried away in the construction of the works hereby authorized. 22. If within twenty-eight days after the passing of this Act Arbvitrations. the said persons through whose lands the railroad shall pass or any of them and the promoters shall not agree as to the amount of compen- sation to he paid by them for the "said lands belonging to the said parties or any of them or for any damage that may be sustained by them or him by reason of the execution of the works the amount of such compensation shall be settled by two arbitrators one to be appointed by the party or partics complaining and the other by the Company in accordance with the provisions of the Act thirty-first Victoria number fifteen "An Act to make Arbitrations more effectual." 23. 108 48° VIC. 1884. Victorian Coal-mining Company's (No. 2). Compensation for 23. The Company shall make compensation and satisfaction to temporary permanent the said owners and occupiers (the amount of such compensation and or recurring Injuries. . . . . ord . satisfaction to be ascertained and recovered in case of difference in the manner hercby provided) for temporary permanent or recurring injury and all other damage loss costs charges and inconvenience which may in anywisc he occasioned to the said owners or occupiers by the non- Compensation to be Performance by the said Company of any of the matters and things pore ia dala hereby required to be performed by them or otherwise In every case : where the Company shall take temporary possession of lands by virtue of the powers hereby granted it shall be incumbent on them within one month after their entry upon such lands upon being required so to do to pay to the occupier of the said lands 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 lands and they shall also from time to time during their occupation of the said lands pay half-yearly to such occupier or to the owner of the lands as the case may require a rent to be fixed by two Justices in case the parties differ and shallalso within six months atter the completion of the railway pay to such owner and occupier or deposit in the Bank for the benefit of all parties interested as the case may require compensation for all permanent or other loss damage or injury that 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 things taken from such lands. Company may make 24. For the purpose of regulating the conduct of the officers by-laws, and servants of the Company and for providing for the due manage- ment of the affairs of the Company in all respects it shall be lawful for the Company subject to the provisions herein mentioned from time to time to make such by-laws and regulations as they shall think fit Provided that such by-laws be not repugnant to the laws of the Colony or to the provisions of this Act or to any resolutions of any general meeting of shareholders and such by-laws shall be reduced into writing and shall have affixed thereto the common seal of the Company and a copy of such by-laws shall be given to every officer and servant of the Company affected thereby and such by-laws may specify a maximum and minimum penalty for a