New South Wales Consolidated Acts

OLD WALLSEND CEMETERY ACT 1953 - SECT 3

3 Reservations etc in favour of The Newcastle Wallsend Coal Company

(1) Nothing in this Act contained shall affect any right title or interest which immediately before the commencement of this Act was reserved to The Newcastle Wallsend Coal Company and its sequels in title and assigns in respect of all coal and other minerals, not including any minerals reserved to the Crown, lying in and under the land described in the Schedule to this Act, nor any necessary and proper rights powers and easements reserved as aforesaid to enable it or them to get win work and convey all coal, minerals and other materials belonging to it or them from and to the workings of its or their mines.

(2) The Newcastle Wallsend Coal Company its sequels in title or assigns or other the registered proprietor for the time being of the land adjoining the land described in the Schedule to this Act shall not be liable to the Council its sequels in title or assigns or other the registered proprietor or proprietors for the time being of the land described in the Schedule to this Act for any pit fall or subsidences which may have already or which may hereafter take place on or under such lastmentioned land or on any other land adjacent thereto or for any damage or nuisance occasioned thereby.

(3) The Council its sequels in title and assigns or other the registered proprietor or proprietors for the time being of the land described in the Schedule to this Act shall for the benefit of the adjoining land of The Newcastle Wallsend Coal Company abstain from erecting any fence dividing the land described in the Schedule to this Act from such adjoining land without first obtaining the consent of The Newcastle Wallsend Coal Company in writing: Provided that such consent shall not be necessary whenever any such fence shall be erected without expense to the said Company.