Allan and Stark Burnett Lane Subway Authorisation Act 1926

This Act may be cited as the Allan and Stark Burnett Lane Subway Authorisation Act 1926.

Allan and Stark Limited (with its successors and assigns called the company) is hereby authorised and empowered to construct and thereafter at all times maintain, continue, repair, renew, and use a subway under Burnett Lane (a roadway within the City of Brisbane), as shown on the sketch attached to the agreement in the schedule set forth to afford communication between the said parcels of land of the company hereinbefore mentioned.

The company in the construction, maintenance, continuance, repair, renewal, and use of the said subway and in the carrying out of all subsidiary works (including all works in connection with or in relation to the roadway, footways, roadway surface, watertables, conduits, mains, cables, pipes, sewers, drains, buildings, and structures of the said council and of the Postmaster-General of the Commonwealth and of the Metropolitan Water Supply and Sewerage Board and of the Brisbane Gas Company and of the City Electric Light Company Limited and of all other persons) shall at all times and in all respects observe and conform with the provisions of this Act and the terms and conditions in the said agreement set forth.

For any of the purposes aforesaid the temporary closing or partial closing of Burnett Lane during the carrying out of any works herein referred to is authorised.

If the company at any time ceases to be the owner or occupier of each of the aforesaid parcels of land having a frontage to the said lane, all the property and interest of the company in the said subway shall forthwith (without any transfer, assignment, or notice other than this Act) be divested from the company and shall vest absolutely in the Brisbane City Council, and the said council is hereby authorised in that event to continue the said subway or to close or otherwise deal with the same in any manner it thinks fit, and make any rearrangement of any pipes or sewers affected by the said subway at the expense of the company (which the company hereby undertakes to pay to the said council); and no payment shall be made by the said council to the company on account of such divesting and vesting.

Subject to this Act and to the terms and conditions in the said agreement set forth, but without limitation of or prejudice to the rights or remedies of the said council or any person or corporation against the company under the said agreement, no action or other proceeding shall be commenced, prosecuted, or maintained against the company or any contractor with the same or any person acting under the authority of the same for or in respect of the construction, maintenance, continuance, repair, renewal, or use of the said subway, or the carrying out of any subsidiary works in connection therewith or in relation thereto or for or in respect of the temporary closing or partial closing of the said lane to traffic during such time as may be necessary for the carrying out of any works or subsidiary works in connection with or in relation to the said subway or for or in respect of any damages, loss, or expense occasioned or alleged to be occasioned by reason of any such works or subsidiary works, or of any obstruction or alleged obstruction of the said lane or in any wise whatever arising from the construction, maintenance, continuance, repair, renewal, or use of the said subway or any such works or subsidiary works.