Glen Innes to Inverell Railway Act 1950 No 7

An Act to authorise the construction of a railway from Glen Innes to Inverell; to amend the Public Works Act 1912, and certain other Acts in certain respects; and for purposes connected therewith.

1 Name of Act

This Act may be cited as the Glen Innes to Inverell Railway Act 1950.

2 Work authorised

The carrying out of the work described in the Schedule to this Act is hereby authorised and 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.

3 The plan

The plan of the said work is the plan marked “Department of Railways Glen Innes to Inverell 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.

4 Estimated cost

The cost of carrying out the said work (exclusive of land resumption) is estimated at three million pounds and such estimated cost shall not, under any circumstances, be exceeded by more than ten per centum.

5 Railway constructed over roads &c

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.

6 Maintenance of roads &c

(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 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 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 a point on the Main Northern Line 423 miles 50 chains from Sydney distant 20 chains north of Glen Innes station and proceeds northerly and westerly, crossing Furracabad, Reddeston and Black Plain Creeks, a distance of approximately 13½ miles, to a point about 3 miles south of Wellingrove, thence generally south-westerly 4½ miles to cross Wellingrove Creek near its confluence with Maids Valley Creek, thence southerly 2½ miles along the right bank of Maids Valley Creek and ½ mile beyond towards Fletchers Nob having passed 1½ miles to the west of Waterloo, thence generally southerly and westerly about 29 miles passing between Dumbeg on the south and Mount Buckley on the north to follow Swan Brook past the Bald Hills and Sugarloaf and crossing Swan Brook approximately ½ mile east of its confluence with Main Gully and crossing Red Camp and Long Plain Gullies and the Macintyre River to join the North Western Line at Inverell, being a total distance of 50 miles 6 chains and is subject to such deviations and modifications as may be considered desirable by the constructing authority.