1951
1951
2011-07-08
act
publicspecial
act.reprint
allinforce
2011-07-08
act-2011-027
none
act-1951-028
482eaf74-920a-4d5f-84a0-8cb41e99bf90
27766a7f-0b2d-436f-9f6f-503f87a5b855
Repeal:
The Act was repealed by Sch 4 to the Statute Law (Miscellaneous Provisions) Act 2011
No 27 with effect from 8.7.2011.
An Act to authorise the construction of a railway
from Thirlmere to Burragorang; to amend the Public Works Act
1912 and certain other Acts in certain respects; and for
purposes connected therewith.
1Name of
Act
This Act may be cited as the Thirlmere to Burragorang Railway Act
1951.
2Work
authorised
The carrying out of the work described in the
Schedule to this Act is hereby authorised and the said work shall be deemed to
be an authorised work within the meaning of the Public
Works Act 1912, as amended by subsequent Acts, but the
provisions of sections thirty-four, thirty-five, thirty-six, thirty-seven and
subsection three of section one hundred and twenty-six shall not apply to the
said work and the provisions of section thirty-eight shall apply to any
contracts for carrying out such work.
3The plan
The plan of the said work is the plan marked
“Department of Railways
Thirlmere to Burragorang Schedule Plan” signed by
The Commissioner for Railways and countersigned by the Chief Civil Engineer of
the Department of Railways, and deposited in the office of The Commissioner
for Railways.
4Estimated
cost
The cost of carrying out the said work (exclusive
of land resumption) is estimated at nine hundred and thirty-four thousand
pounds and such estimated cost shall not, under any circumstances, be exceeded
by more than ten per centum.
5Railway constructed over roads
etc
The said work may be constructed on, over, under,
along or by the side of any road or highway, including a State highway or main
road within the meaning of the Main Roads Act
1924, as amended by subsequent Acts: Provided that the
construction of the said work on, over, under or along any such State highway
or main road shall be for the sole purpose of allowing the said work to cross
such State highway or main road.
6Maintenance of roads
etc
(1)
If the said work crosses any road or any State
highway or main road within the meaning of the Main Roads Act
1924, as amended by subsequent Acts, on the level, The
Commissioner for Railways as the Constructing Authority shall make such
provision by way of approaches, protection or otherwise howsoever as he may
deem to be requisite or expedient and upon the completion of the said work the
maintenance of and any future paving, kerbing, guttering, roadmaking, draining
and other construction work of a like or different nature in relation to such
road, State highway or main road up to the sleeper ends on each side of the
said work shall be undertaken, without any expense to The Commissioner for
Railways, by the council or The Commissioner for Main Roads or other
authority, as the case may be, which would have been responsible therefor if
the said work had not been constructed, notwithstanding that such road, State
highway or main road may have become or be wholly or partly vested in The
Commissioner for Railways.
(2)
If the said work is carried over any road or any
State highway or main road within the meaning of the Main Roads Act
1924, as amended by subsequent Acts, the maintenance of
and any future paving, kerbing, guttering, roadmaking, draining and other
construction work of a like or different nature in relation to such road,
State highway or main road, excluding the bridge or structure or any part
thereof by means of which the said work is carried over such road, State
highway or main road, shall upon completion of the said work be undertaken,
without any expense to The Commissioner for Railways, by the council or The
Commissioner for Main Roads or other authority, as the case may be, which
would have been responsible therefor if the said work had not been
constructed, notwithstanding that such road, State highway or main road may
have become or be wholly or partly vested in The Commissioner for
Railways.
(3)
If the said work is carried under any road or any
State highway or main road within the meaning of the Main Roads Act
1924, as amended by subsequent Acts, the maintenance of
and any future paving, kerbing, guttering, roadmaking, draining and other
construction work of a like or different nature in relation to the surface of
the roadway on any bridge or structure over which such road, State highway or
main road runs and the approaches thereto shall upon the completion of the
said work be undertaken, without any expense to The Commissioner for Railways,
by the council or The Commissioner for Main Roads or other authority, as the
case may be, which would have been responsible therefor if the said work had
not been constructed, notwithstanding that such bridge or structure or
approaches is or are on land which may have become or is wholly or partly
vested in The Commissioner for Railways.
(4)
If the said work is carried under any road or any
State highway or main road within the meaning of the Main Roads Act
1924, as amended by subsequent Acts, the whole or any
portion of any bridge or structure over which such road, State highway or main
road runs or of any approach thereto which is not within the area of the land
required for or for the purposes of the said work as a railway may be
dedicated as a public road under the Public Roads Act
1902, as amended by subsequent Acts, or as a public
highway under section eighty-one of the Public Works Act
1912, as amended by subsequent Acts.
Where the said work is carried under any such
State highway or main road any such dedication of the whole or any portion of
any bridge or structure over which such State highway or main road runs shall
have the same effect as if the whole or such portion, as the case may be, of
such bridge or structure had been proclaimed by the Governor as a State
highway or main road under the Main Roads Act
1924, as amended by subsequent Acts.
Schedule
(Section 2)
The proposed railway commences at Thirlmere on
the Picton to Mittagong Loop about 57 miles from Sydney and swings in a curve
from south westerly to northerly about one mile from its commencement proceeds
northerly a further mile thence generally north westerly crossing Cedar Creek
Stonequarry Creek and the headwaters of Werriberri Creek and skirting the
western side of The Green Hills and generally following the watershed between
Wollondilly and Nepean Catchments over Pumpkin Hills and past Oakdale to a
point about 13 miles 70 chains from its commencement, the whole railway being
within the Parishes of Couridjah, Burragorang and Werriberri in the County of
Camden, and subject to such deviations and modifications as may be considered
desirable by the Constructing Authority.
Historical
notes
Table of amending
instruments
Thirlmere to
Burragorang Railway Act 1951 No 28. Assented to
31.10.1951.