1951
1951
2011-07-08
act
publicspecial
act.reprint
allinforce
retroactivecommencements
2011-07-08
act-2011-027
none
act-1951-037
e2c13986-c5f4-4a5d-8eb4-131ded4540cd
6b0ca04e-17b6-4ab5-b01a-a2a2b294c4cb
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The Act was repealed by Sch 4 to the Statute Law (Miscellaneous Provisions) Act 2011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
deviation of the Great Northern Line between Singleton and Nundah; to amend
the Public Works Act 1912, and certain other
Acts in certain respects; and for purposes connected
therewith.
1Name of Act and
commencement
(1)
This Act may be cited as the Great
Northern Railway Deviation (Singleton to Nundah) Act
1951.
(2)
This Act shall be deemed to have commenced upon
the ninth day of August, one thousand nine hundred and
fifty.
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 of the said Act, as so
amended, shall not apply to the said work and the provisions of section
thirty-eight of the said Act, as so amended, 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, N.S.W. Proposed Deviation Singleton to
Nundah—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 eight hundred 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 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)
A railway deviation within the parishes of
Darlington and Auckland, County of Durham, such deviation commences on the
northern side of the Hunter River, westerly of the Town of Singleton, at a
point on the Great Northern Railway 149 miles 15 chains from Sydney and
proceeds north-westerly and parallels that railway on its eastern side until
crossing it at a point 151 miles 75 chains from Sydney and thence it proceeds
in the same general direction passing about 10 chains westerly of the present
railway station at Padulla to 153 miles from Sydney whence it trends more
westerly for one mile and there it resumes its original general direction
about 60 chains west of the Great Northern Railway which it rejoins 62 chains
beyond the present Nundah Railway Station at 156 miles 34 chains from Sydney.
Such deviation has a total distance of 7 miles 17 chains, and shall be subject
to such deviations and modifications as may be considered desirable by the
Constructing Authority.
Historical
notes
Table of amending
instruments
Great Northern
Railway Deviation (Singleton to Nundah) Act 1951 No 37.
Assented to 5.12.1951. Date of commencement, 9.8.1950, sec 1
(2).