Border Railways Act 1922 - Victorian Legislation and …FILE/22-31… · Web view · 2014-05-02from sale permanently any Crown land and the Authority may enter take possession

Version No. 005

Border Railways Act 1922No. 3194 of 1922

Version incorporating amendments as at 4 May 2012

TABLE OF PROVISIONSSection Page

1 Short title 12 Act to bind the Crown 23 Commencement 24 Definitions 24A Transport Integration Act 2010 35 Ratification of Agreement 46 Construction maintenance etc. of railways and works authorized 47 Constructing Authority of certain bridges etc. 58 Construction by Authority or constructing Authority 59 Reservation and acquisition of lands 510 Reservation and acquisition of lands on request of New South

Wales 611 Compensation 612 Lands Compensation Acts incorporated 613 Powers of control and management by the Authority 814 Provisions as to standard gauge 915 Conditions and wages on railways constructed in New South

Wales by Victoria 916 Construction of railways etc. in Victoria 917 Repealed 1018 Application of provisions of Part 2 of Second Schedule as to

railway land purchase rate 1019 Management and control of railways after construction 1020 Authority to maintain and keep open for traffic lines in

Victoria 1121 Moneys to be provided by Parliament 1122 Treasurer's approval of certain contracts and expenditure 1123 Reference to Parliamentary Standing Committee on Railways

not necessary 1124 Audit and Land Acts not affected 12

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SCHEDULES 13

SCHEDULE 1—The Agreement 13

SCHEDULE 2 22

PART I—GENERAL PROVISIONS 22

1 Power to enter upon lands and construct railway 222 No compensation payable by Authority or Government 233 Breadth of land for railways 234 Authority need not fence etc. 235 Power to construct reservoirs and to use roads 236 Laws by-laws etc. to be in force 24

PART II—KERANG TO GONN CROSSING RAILWAY 24

1 Railway to which this Part relates 242 Council to make railway land purchase rate to meet annual

payment 243 Recovery of rates from occupier 274 Surplus rate in any year to be utilized for following year 295 Default of council to collect railway land purchase rate 29

SCHEDULE 3 31

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ENDNOTES 33

1. General Information 33

2. Table of Amendments 34

3. Explanatory Details 35

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Version No. 005


Version incorporating amendments as at 4 May 2012

An Act to ratify and provide for carrying out an Agreement between the States of New South Wales and Victoria respecting the Construction Maintenance and Operation of certain Lines of

Railway in the State of New South Wales and the State of Victoria the Construction and Maintenance of certain Bridges

over the River Murray and other Works and for other purposes.

PreambleWHEREAS the Premier of the State of New South Wales for and on behalf of that State and the Premier of the State of Victoria for and on behalf of that State have entered into an Agreement (a copy of which is set out in the First Schedule to this Act) subject to ratification by the Parliaments of New South Wales and of Victoria during the year One thousand nine hundred and twenty-two:

AND WHEREAS it is desirable to ratify and provide for carrying out the said Agreement:

BE IT THEREFORE ENACTED by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1 Short title

This Act may be cited as the Border Railways Act 1922.

1

2 Act to bind the Crown

This Act shall bind the Crown.

3 Commencement

(1) This Act shall come into force on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

(2) The Governor in Council may not make such proclamation unless he is satisfied that the Parliament of New South Wales has passed an Act ratifying the Agreement and complying therewith.

4 Definitions

(1) In this Act unless inconsistent with the context or subject-matter—

the Agreement means the Agreement a copy of which is set out in the First Schedule to this Act as amended by the Agreement a copy of which is set out in the Third Schedule;

Authority means Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010;

* * * * *

2

N.S.W. Bill cl. 2.

s. 2

Comp. N.S.W. Bill cl. 3.

S. 4 amended by No. 104/1997 s. 39(2) (ILA s. 39B(1)).S. 4(1) def. of the Agreement amended by No. 9956s. 3(1)(a).

S. 4(1) def. of Authority inserted by No. 9921s. 255(Sch. 12), substituted by Nos 104/1997 s. 39(1), 6/2010 203(1)(Sch. 6 item 2.1) (as amended by No. 45/2010 s. 22).

S. 4(1) defs of Board and Commis-sioners repealed by No. 9921s. 255(Sch. 12).

land includes any easement right or privilege in over or affecting any land;

line means line of railway;

railway or line includes any railway referred to in this Act or the Agreement and all works and conveniences—

(a) connected with and for the purposes of any such railway;

(b) connected with and for the purposes of any such railway and any other railway or railways; or

(c) for connecting any such railway with any other railway;

Schedule means Schedule to this Act.

(2) On the commencement of section 39 of the Rail Corporations (Amendment) Act 1997, Victorian Rail Track becomes the successor in law of the Public Transport Corporation as the Authority under and for the purposes of this Act and the Agreement and, without limiting the generality of this provision, on that commencement Victorian Rail Track shall, by force of this subsection—

(a) be substituted as a party to any arrangement or contract to which the Public Transport Corporation as the Authority was a party immediately before that commencement; and

(b) be substituted as a party to any proceedings pending in any court or tribunal to which the Public Transport Corporation as the Authority was a party immediately before that commencement.

4A Transport Integration Act 2010

This Act is transport legislation within the meaning of the Transport Integration Act 2010.

3

S. 4(2) inserted by No. 104/1997 s. 39(2).

s. 4A

S. 4A inserted by No. 6/2010 s. 24(5)(Sch. 1 item 2) (as amended by No. 45/2010 s. 22).

5 Ratification of Agreement

(1) Subject to this Act the Agreement a copy of which is set out in the First Schedule is hereby ratified and approved and shall take effect on the coming into force of this Act and all matters and things agreed to be done by or on behalf of the Government of Victoria are hereby sanctioned and authorized.

(2) The Agreement a copy of which is set out in the Third Schedule is hereby ratified and approved.

6 Construction maintenance etc. of railways and works authorized

(1) Subject to this Act and the Agreement the construction and maintenance by the Government of Victoria of the railways and other works in New South Wales which by the Agreement are to be constructed by the Government of Victoria and also such of the bridges over the River Murray and the approaches thereto as by subsequent agreement in accordance with the Agreement fall to be constructed by the Government of Victoria and which by or under any Act of the Parliament of New South Wales the Government of Victoria is authorized and empowered to construct and maintain are hereby authorized.

(2) Subject to this Act and the Agreement the construction maintenance operation and control pursuant to this Act or the Agreement of any railways bridges or works in Victoria by or on behalf of the Government of Victoria are hereby authorized.

7 Constructing Authority of certain bridges etc.

4

Comp. ib. cl. 5.S. 5amended by No. 9956s. 3(1)(b)(i)(ii).

s. 5

S. 5(2) inserted by No. 9956s. 3(1)(b)(iii).

Comp. ib. cl. 6.

Comp. N.S.W. Bill cl. 7.S. 7 amended by No. 9921s. 255(Sch. 12).

The Minister of Railways is hereby empowered on behalf of the Government of Victoria to agree as to who should be the constructing Authority to construct the bridges and approaches mentioned in clauses one, thirteen, and twenty-three of the Agreement; and in the event of it being agreed that the Authority or any other Victorian Authority should be the constructing Authority of one or more of such bridges and approaches the Authority or such Authority is hereby empowered to carry out the said works.

8 Construction by Authority or constructing Authority

(1) Save as otherwise expressly provided in this Act or the Agreement the construction pursuant to this Act and the Agreement of any railways bridges or works (including railway connexions to bridges over the River Murray) shall be carried out by the Authority or any other constructing Authority agreed upon pursuant to the Agreement (as the case may require).

(2) For the said purposes so far only as is necessary to give effect to this Act or the Agreement the Authority or such constructing Authority (as the case may require) may exercise all the powers authorities and privileges (subject to the like conditions) conferred upon the Authority by this Act or by any other Act for the construction of any works thereunder.

9 Reservation and acquisition of lands

For the purposes of the construction maintenance operation and control pursuant to this Act or the Agreement of any railways bridges or works in Victoria by or on behalf of the Government of Victoria the Governor in Council may reserve from sale permanently any Crown land and the

5

s. 7

S. 8(1) amended by No. 9921s. 255(Sch. 12).


S. 9amended by No. 9921s. 255(Sch. 12).

Authority may enter take possession of and appropriate any land other than Crown land.

10 Reservation and acquisition of lands on request of New South Wales

For the purposes of the construction pursuant to this Act and the Agreement of any bridges or works in Victoria and for any purposes incidental thereto by or on behalf of the Government of New South Wales the Governor in Council at the request of the Government of New South Wales may reserve from sale permanently any Crown land and the Authority when directed by the Governor in Council may enter take possession of and appropriate any land other than Crown land.

11 Compensation

For the purpose of making compensation to any person for or in respect of any damage occasioned by the construction maintenance operation or control of any bridges or works in Victoria under this Act or the Agreement by the Government of New South Wales or any Authority or person thereto authorized by it pursuant to this Act or the Agreement the provisions of any Act as to the like compensation to be made by the Authority shall with such alterations modifications and substitutions as are necessary extend and apply to the said Government Authority or person (as the case may require).

12 Lands Compensation Acts incorporated

(1) The Lands Compensation Acts are hereby incorporated with this Act and shall be construed together herewith as one Act and shall take effect with regard to the acquisition and purchase of land for the purpose of the construction of any railways bridges or works by this Act or the Agreement authorized to be constructed in Victoria and with

6

Comp. N.S.W. Bill cl. 8.S. 10amended by No. 9921s. 255(Sch. 12).

s. 10

Comp. No. 2596 s. 16.S. 11amended by No. 9921s. 255(Sch. 12).

Nos 2678, 3141. Comp. No. 2424 ss 16–18.

regard to the making of compensation to all persons interested in any lands or hereditaments to be purchased or taken or used in connexion with or injured in or prejudicially affected by the construction of the said railways bridges or works.

(2) For the purposes of this Act the following expressions in the Lands Compensation Acts shall have the respective meanings hereby assigned to them save when the context is inconsistent therewith (that is to say)—

the Board of Land and Works and the Board shall for the purpose of acquiring or purchasing land for or making compensation as aforesaid in respect to lands or hereditaments to be purchased or taken or used in connexion with or injured in or prejudicially affected by the construction of any railways bridges or works by this Act or the Agreement authorized to be constructed in Victoria mean the Authority or any other constructing Authority (as the case may require); and

the Special Act shall mean this Act.

(3) Notwithstanding anything in section thirty-five of the Lands Compensation Act 1915 or in this Act the amount of purchase money or compensation payable for or in respect of any land in Victoria to be purchased or taken or used in connexion with or likely to be injured in or prejudicially affected by the construction of the railways bridges and other works authorized by this Act or the Agreement shall not exceed the value of such land on the day of the commencement of the present session of Parliament.

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s. 12

(4) In estimating the purchase money or compensation to be paid to any person for or in respect of any land purchased or taken or used under this Act or the Agreement in connexion with or likely to be injured in or prejudicially affected by the construction of any railways bridges or works the magistrates arbitrators surveyors valuators or jury (as the case may be) shall consider—

(a) any and what enhancement in value of any property of such person wherever situate has been or will be directly or indirectly caused;

(b) whether any or what other immediate or proximate benefit has been gained by or will become available to such person;

(c) the advantages which might accrue to such person by reason of the construction and use of such railways bridges or works; and

(d) any other prospective benefits or advantages probably resulting from the operation of this Act and the Agreement—

and a deduction shall be made accordingly from the amount which but for this provision would have been paid or payable as purchase money or compensation.

13 Powers of control and management by the Authority

Subject to this Act and the Agreement the Authority on behalf of the Government of Victoria shall have the right to control and manage any railway in New South Wales referred to in the Agreement, and may in respect of such control and management exercise all the powers which are conferred by any Act on the Authority in respect of railways in Victoria in so far as any such rights and powers of control and

8

Comp. N.S.W. Bill cl. 9.S. 13amended by Nos 9921s. 255(Sch. 12), 9956 s. 4.

s. 13

management are conferred on the Government of Victoria or the Authority by or under any Act of the Parliament of New South Wales.

14 Provisions as to standard gauge

(1) Should any of the railways referred to in the Agreement be in possession of the Government of Victoria at the time the conversion of the Victorian railways to the standard gauge decided upon by the Commonwealth and the States is entered upon the Government of Victoria shall, subject to the Agreement, be liable to pay the New South Wales and Victorian proportions under that conversion scheme of the cost of the conversion of such lines to the standard gauge.

(2) In the construction within New South Wales of any railways provided for in the Agreement which are authorized under this Act or any Act of the Parliament of New South Wales the works are to be constructed suitably for conversion to the adopted uniform gauge.

15 Conditions and wages on railways constructed in New South Wales by Victoria

In the construction and working by the State of Victoria of the railways referred to in clause forty of the Agreement the same conditions and rates of wages as then prevail in Victoria or are then being observed and paid by the Authority for similar work shall be applicable.

16 Construction of railways etc. in Victoria

The construction under this Act or the Agreement of any railways bridges or works in Victoria to be carried out shall be carried out under and subject to the provisions of Part I of the Second Schedule; and the provisions of the said Part I shall have effect with respect to such railways bridges and works.

9

Comp. cls 36, 37 of the Agreement.

s. 14

Comp. N.S.W. Bill cl. 10; and cl. 40 of the Agreement.S. 15amended by No. 9921s. 255(Sch. 12).

* * * * *

18 Application of provisions of Part 2 of Second Schedule as to railway land purchase rate

(1) The provisions of Part II of the Second Schedule relating to the railway land purchase rates therein provided for shall take effect with respect to the railway therein mentioned.

(2) Any sums received by the Treasurer of Victoria in respect of any such railway land purchase rate shall be credited by him—

(a) to any loan fund to the extent to which any part of the expenditure for land and compensation including interest on the line has been defrayed therefrom; or

(b) to the consolidated revenue to the extent to which any part of such expenditure for land and compensation including interest has been defrayed out of the consolidated revenue; or

(c) to the Victorian Loans Redemption Fund.

19 Management and control of railways after construction

(1) On publication in the Government Gazette of a notice by the Authority that the construction of any railway authorized to be constructed by the Authority pursuant to this Act or the Agreement is completed the said railway shall thereafter be under the management and control of the Authority.

10

S. 17repealed by No. 9921s. 255(Sch. 12).

s. 18

Comp. No. 2078 s. 10.S. 19amended by Nos 9921s. 255(Sch. 12), 74/2000 s. 3(Sch. 1 item 13).

(2) At any time after the publication of such notice relating to a railway constructed within Victoria pursuant to this Act the Governor in Council may make an Order transferring such line of railway to the Commissioners and such Order shall be published in the Government Gazette.

(3) Immediately on such publication the line of railway mentioned in such Order, including all land acquired by the Authority for the purpose of such line and the inheritance thereof in fee simple, shall become vested in the Commissioners.

20 Authority to maintain and keep open for traffic lines in Victoria

The Authority shall at all times maintain and keep open for traffic any railways in Victoria referred to in this Act or the Agreement.

21 Moneys to be provided by Parliament

All moneys required to be provided under this Act or the Agreement shall be provided out of moneys to be available for the purpose.

22 Treasurer's approval of certain contracts and expenditure

No contract shall be entered into or expenditure made for the construction of any railway bridge or work by the Authority under this Act or the Agreement until such contract or expenditure has been previously approved in writing by the Treasurer of Victoria.

23 Reference to Parliamentary Standing Committee on Railways not necessary

Notwithstanding anything in any Act it shall not be necessary to refer to the Parliamentary Standing Committee on Railways for report any proposal for the appropriation and expenditure of money for the purposes of any railways bridges

11

S. 19(2) inserted by No. 5026 s. 2, amended by No. 9921s. 255(Sch. 12).

S. 19(3) inserted by No. 5026 s. 2, amended by No. 9921 s. 255(Sch. 12).

S. 20 amended by Nos 9921s. 255(Sch. 12), 9956 s. 3(2).

s. 20

S. 21 amended by No. 31/1994s. 3(Sch. 1 item 6).

S. 22 amended by No. 9921s. 255(Sch. 12).

works or operations under this Act or the Agreement.

24 Audit and Land Acts not affected

Nothing in this Act shall affect or in any manner alter or vary any of the provisions contained in the Audit Acts or any Acts relating to Crown lands.

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s. 24

SCHEDULES

FIRST SCHEDULE

THE AGREEMENT

AGREEMENT made the fourteenth day of September, One thousand nine hundred and twenty-two, between the Honorable Sir George Warburton Fuller, K.C.M.G., Premier of the State of New South Wales, for and on behalf of that State of the one part, and the Honorable Harry Sutherland Wightman Lawson, M.L.A., Premier of the State of Victoria, for and on behalf of that State of the other part, whereby it is agreed as follows:

1. Two Engineers, one of whom shall be appointed by the Government of New South Wales and one by the Victorian Government, shall recommend the sites of two bridges to be constructed between a point 3 miles upstream from Mildura Wharf and downstream to a point near the Wentworth Township.

2. The Engineers shall submit the designs of the bridges and approaches within the limits of the flood area, and suggest the materials of which they are to be constructed.

3. Should the Engineers disagree upon the matters referred to the questions in dispute shall be referred to arbitration in accordance with clause 50 hereof.

4. Such bridges and approaches, their locations and designs, shall be approved by the Governments of New South Wales and Victoria.

5. The bridges to be so constructed that they will provide for road traffic, and also railway traffic for both the 4-ft. 81/2-in. and 5-ft. 3-in. gauges, and not offer any impediment to the navigation of the Murray River.

6. The Constructing Authority for the bridges and approaches shall be determined by the two Governments on the receipt of the report of the Engineers.

7. The construction of both bridges and their approaches to be entered upon within one year after the ratification of this Agreement, and to be completed within three years of the date of such ratification.

8. The cost of such bridges and approaches within the limits of the flood waters, whether for road or railway purposes, shall be borne in equal proportion by the Governments of Victoria and New South Wales.

Section 4.

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9. Should either of the said bridges be subsequently used for railway purposes Victoria is to refund to New South Wales the difference between one-half and two-thirds the cost of these bridges and approaches.

10. If either bridge is more than 1 mile from a Victorian railway the Victorian Government is to extend its railway to within 1 mile of the bridge or bridges, provided that this does not involve the construction of a cockspur, or backshunt, line from any railway now existing within 5 miles.

11. The Victorian Government shall have the right to construct a 5-ft. 3-in. gauge railway across any bridge constructed under this Agreement at or near Gol Gol, New South Wales, and to extend that railway into New South Wales for a distance not exceeding 20 miles. In designing any irrigation settlement area affected by this proposed railway the New South Wales Government shall provide in the design or designs for the reservation of the land which will be required for railway purposes, including station sites and other buildings, sidings, &c., such land to be determined upon in consultation with the Victorian Government.

12. If a railway is constructed across either of the said bridges the whole cost of the maintenance of any such bridge and approaches within the limits of the flood waters is to be borne by the Government of Victoria, provided that, should the road approach in any instance branch off from the embankment carrying the railway, the cost of maintenance of that portion of such road approach away from the joint embankment, and within the limits of the flood area, shall be borne equally by the Governments of Victoria and New South Wales. If the railway is not constructed across either bridge the maintenance of any such bridge used for highway traffic only to be borne in equal proportion between the Governments of Victoria and New South Wales.

13. The said Engineers to also suggest the site of a bridge to cross the Murray River at a point between 4 miles upstream from Euston and 4 miles downstream from that township.

14. These Engineers to submit the design of this bridge and approaches within the limits of the flood area, and suggest the materials of which it is to be constructed.


16. The location and design of this bridge and approaches shall be approved by the Governments of New South Wales and Victoria.

Sch. 1


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17. The bridge to be so constructed that it will provide for road traffic, and also railway traffic for both the 4-ft. 81/2-in. and the 5-ft. 3-in. gauges, and not offer any impediment to the navigation of the Murray River.

18. The Constructing Authority for the bridge and approaches shall be determined by the two Governments on receipt of the report of the Engineers.

19. The construction of the bridge and approaches shall be entered upon within one year after the ratification of this Agreement, and to be completed within three years of the date of such ratification.

20. The cost of the bridge and approaches within the limits of the flood waters, whether for road or railway purposes, to be borne in the proportions of one-third by the Government of New South Wales and two-thirds by the Government of Victoria.

21. The Victorian railway shall be extended from Annuello to within 2 miles of the said bridge, and any such railway is to be completed and opened for traffic on or before the completion of the bridge.

22. The whole cost of the maintenance of the bridge and approaches, where the latter are used for both road and railway purposes, to be borne by the Government of Victoria. Should the road approach branch off from the embankment carrying the railway the cost of maintenance of that portion of such road approach away from the joint embankment, and within the limits of the flood area, shall be borne equally by the Governments of New South Wales and Victoria.

23. The said Engineers to also suggest the site of a bridge to be constructed at Gonn Crossing, or at a point within 2 miles on either side of that crossing.

24. The Engineers to submit the design of this bridge and approaches, within the limits of the flood area, and suggest the materials of which it is to be constructed.


26. The location and design of this bridge and approaches to be approved by the Governments of New South Wales and Victoria.

27. The bridge to be so constructed that it will provide for road traffic, and also railway traffic for both the 4-ft. 81/2-in. and 5-ft. 3-in. gauges, and not offer any impediment to the navigation of the Murray River.

28. The Constructing Authority for the bridge and approaches to be determined by the two Governments on receipt of the report of the Engineers.

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29. The construction of the bridge and approaches shall be entered upon within one year of the ratification of the Agreement, and to be completed within three years from the date of such ratification.

30. The cost of the bridge and approaches within the limits of the flood waters, whether for road or railway purposes, shall be borne in the proportion of one-third by the Government of New South Wales and two-thirds by the Government of Victoria.

31. The Victorian Government shall extend its railway from Kerang to within 11/2 miles of this bridge, and such railway is to be completed and opened for traffic on or before the completion of the bridge.

32. The whole cost of the maintenance of the bridge and approaches, where the latter are used for both road and railway purposes, shall be borne by the Government of Victoria. Should the road approach branch off from the embankment carrying the railway the cost of maintenance of that portion of such road approach away from the joint embankment, and within the limits of the flood area, shall be borne equally by the Governments of New South Wales and Victoria.

33. The New South Wales Government undertakes to have legislation passed authorizing the Victorian Government to construct a railway on the 5-ft. 3-in. gauge from the north side of the bridge at Gonn Crossing to a point at or near Stony Crossing, on the Wakool River, subject to such modifications and deviations in the route as may be determined by the Constructing Authority. The construction of the railway to be entered upon within two years of the date of ratification of the Agreement, and the construction to be completed to the terminus of the line within five years of the date of such ratification.

34. The New South Wales Government shall also secure authority for the Victorian Government to construct a railway on the 5-ft. 3-in. gauge either from a point on the north side of the bridge crossing the Murray River at Moama, or from a point on the Deniliquin-Moama Railway Company's line, between Moama and a point 1 mile north of the Mathoura railway station, over which the Victorian Railways may have come to an agreement with the Company regarding railway running rights or leasing (or, alternatively, the Victorian Railways having secured by purchase through the New South Wales Government the said Deniliquin and Moama Railway), bearing westerly or north westerly to Moulamein, or a point near Moulamein, thence continuing in a north-westerly direction to a point within 11/2 miles of the south side of the Murrumbidgee River, near Balranald township, subject to such modifications and deviations in the route as may be determined by the Constructing Authority. The Constructing Authority to be the Victorian Board of Land and Works, and that Constructing Authority to be vested with all the powers of the Railway Construction Authorities in New South Wales.

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The construction of the railway to be entered upon within twelve months of the ratification of the Agreement, and to be completed within three years of such ratification.

35. The Enabling Act to authorize the Victorian Government to construct a railway on the 5-ft. 3-in. gauge from the north side of the bridge across the Murray River near Euston to a point 30 miles north-easterly thereof so as to best serve, en route, the Benanee Settlement Area. The route of the said railway shall be determined within one year from the date of the ratification of this Agreement, and the construction of the said railway into New South Wales shall be entered upon simultaneously with the completion of the said bridge, provided that the New South Wales Government has at that date already made available for settlement at least 50,000 acres and the whole length of 30 miles of railway is to be completed within two years from date of completion of the bridge, it being a condition that the Government of New South Wales shall make a further 150,000 acres available for settlement at the rate of 50,000 acres every eight months up to the total area of 200,000 acre—such total area to be within 14 miles of the railway.

36. The Enabling Act to provide that should any of the railways referred to in this Agreement be in possession of the Government of Victoria at the time the conversion of the Victorian Railways to the standard gauge decided upon by the Commonwealth and the States is entered upon the Government of Victoria is to pay the New South Wales and Victorian proportions under that conversion scheme of the cost of the conversion of such lines to the standard gauge.

37. The Enabling Act to provide that in the construction within New South Wales of any railway authorized thereunder the works are to be constructed suitably for conversion to the adopted uniform gauge.

38. It shall be lawful for the Secretary for Public Works on behalf of the New South Wales Government at any time by notice in writing to require the Victorian Government to sell, and thereupon the said Victorian Government shall sell to the New South Wales Government any railway or railways constructed in New South Wales by the State of Victoria under this Agreement—

(a) upon the terms of paying the then value exclusive of any allowance for past or future profits of the said railway, or any compensation for compulsory sale or other consideration whatsoever of the said railway or railways, and of all lands, buildings, works, materials, and plant of the said Victorian Government suitable to and used by it for the purpose of the said railway or railways, such value in case of difference to be ascertained by arbitration in the manner provided by the New South Wales Public Works Act No. 45 of 1912 for settling

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cases of disputed compensation, and subject to the terms and conditions therein contained; and when any such sale shall have been made to the said New South Wales Government the said railway or railways, lands, buildings, works, materials, plant and premises shall vest in the New South Wales Commissioners for Railways, who shall have all the rights, powers, and authorities of the said Victorian Government in respect of the said railway or railways so sold;

(b) provided that if the right to purchase be exercised within fifteen years from the date of the opening of any such railway the Victorian Government shall be paid the capital outlay on construction and improvement of any such railway, exclusive of rolling-stock, and also the full amount of any annual deficit arising from the operation of any such railway, but any surplus in any year shall be deducted from the total of such deficit or deficits. Should the total of the surpluses at the time of purchase exceed the total of the deficits such excess shall be deducted from the capital resumption amount.

39. The Victorian Railways Commissioners shall operate these railways so long as they are in the possession of the Victorian Government; the fares and rates for the carriage of passengers, goods, and live stock between any stations on any of these railways and any station on any railway in Victoria shall not be less than the rates charged for similar mileage on the Victorian Railways, but this is not to prevent the Victorian Government or Railways Commissioners regarding any of the railways constructed in New South Wales under this Agreement as being separate and detached from the Victorian railway system, and charging such fares and rates for the carriage of passengers, goods, and live stock over such detached railways as are charged for similar mileage on the Victorian Railways.

40. The Enabling Act to provide that in the construction and working by the State of Victoria of the said railways the same conditions and rates of wages as then prevail in Victoria or are then being observed and paid by the Victorian Railway Department for similar work shall be applicable.

41. The power to deviate the route of the Gonn Crossing to Stony Crossing railway or the route of the Balranald railway from its starting point between Moama and Mathoura is not to be used to alter the starting or terminal points of such railways as provided in this Agreement. The deviation between such points shall be limited to a distance not exceeding 5 miles on either side of the route of the said railways as marked on the plan marked "A," signed in duplicate by the Minister for Public Works, Railways, and State Industrial Enterprises, New South Wales, and the Minister for Railways and Mines, Victoria, and deposited in the offices of the said Ministers respectively; but this

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is not to prevent the starting point between Moama and Mathoura of the Balranald railway being fixed during the period between the signing of the said plan and the plan referred to in the next succeeding paragraph of the Agreement. Such plans shall be signed by the representatives of both Governments, and a signed Copy of such plan shall be furnished to the Governments of New South Wales and Victoria respectively.

42. The Constructing Authority shall within one year of the Agreement being ratified exercise its power to deviate the route of either of the said railways mentioned in the next preceding paragraph, and when it has fixed on the route or routes of either or both of the said railways, it shall forward to the Government of New South Wales a plan or plans signed and sealed by the Victorian board of Land and Works showing the permanent route or routes of such railway or railways, and no further deviation beyond 40 chains on either side of such route or routes is to be made when constructing the railway or railways.

43. Within one year from the receipt of such plans or plan showing the permanent route or routes of such railway or railways the Government of New South Wales shall resume, acquire, or otherwise make available for closer settlement an area or areas aggregating at least 125,000 acres in the district served or to be served by the proposed Balranald railway, and, an area or areas aggregating at least 75,000 acres in the district served or to be served by the Gonn Crossing to Stony Crossing railway, and at least 80 per centum of such area or areas shall be within 10 miles of the proposed railway in those respective districts. The subdivision of such areas shall be entered upon simultaneously with the entering upon of the construction of the railway to serve the district within which such resumed areas are situated.

44. The Enabling Act shall provide that in each case of railway extension included herein the Government of New South Wales shall resume, acquire, or otherwise make available to and vest in the Victorian Government or Victorian Railways Commissioners, free of cost to Victoria, all lands required for railway purposes, including sites for stations and other buildings, sidings, etc.

45. Should it become necessary to use heavier rolling-stock to economically deal with the increasing railway traffic on the existing combined road and railway bridge over the Murray River between Echuca and Moama to strengthen that bridge such work is to be regarded as part of the capital expenditure of the Balranald railway, and is to be carried out at the cost of the Government of Victoria, and should it become necessary to erect a bridge to be used exclusively for railway purposes adjacent to the existing bridge such work is to be regarded as part of the capital cost of the Balranald railway and is to be carried out at the cost of the Government of Victoria.

Sch. 1


19

46. Should the work of constructing any of the bridges, approaches, or railways stated in this Agreement be interrupted by floods, accident, or international or industrial troubles directly affecting the supply of labour or materials for that work the period of such interruption is not to be included in the time stated in this Agreement for the completion of such work.

47. The Government of New South Wales shall exercise its legal right to enter into negotiations with the Deniliquin and Moama Railway Company for the purchase of the latter's right, title, and interest in the Deniliquin and Moama railway, subject to an inspection by officers appointed by the New South Wales and Victorian Governments to report on the condition of the railway, buildings, rolling stock, etc., with a view of the New South Wales Government acquiring the said railway, buildings, rolling-stock, etc., and handing them over to and vesting them in the Victorian Government or Victorian Railways Commissioners at cost of acquisition or resumption, including land, to be held and worked under and subject to the same conditions, including resumption under sub-clause (a) of clause 38, as applicable to other railways under this Agreement. Provided that such acquisition or resumption shall not be finalized until the proposed terms thereof have been approved by the Victorian Government.

48. The questions of connecting the Corowa and Wahgunyah railway, and extending the Yarrawonga railway or the Wahgunyah railway to or towards Oaklands to develop that country, including its coal deposits, shall be inquired into by the Government of Victoria, and the Government of New South Wales will provide facilities for making such inquiries. The Government of Victoria shall arrange for these inquiries to be made by the Victorian Parliamentary Standing Committee on Railways at early convenience. Should the said Committee recommend the construction of either or any such railway between the said coalfields and the Victorian railway system, or any other connexion provided for in this clause, the Victorian Government shall have the right to construct such railway or railways on the same terms and conditions, and shall work such railway or railways under the same conditions as are applicable to other railways to be constructed under this Agreement. Any bridge or bridges built in connexion with the said railway or railways shall form part of the capital cost of the said railway or railways, and shall be constructed at the cost of the Victorian Government.

49. The Government of New South Wales undertakes to vest in the Government of Victoria any authority necessary to sanction the working of any railway or railways under this Agreement in New South Wales territory, including collection and enforcement of fares and freights, and the vesting of the control and management of the lines in the State of Victoria.

Sch. 1


20

50. Subject to clause 38 hereof, should any dispute or difference arise between the Engineers referred to in clauses 1, 2, 13, 14, 23, and 24 of this Agreement, as to any matter or thing referred to therein, or should thereby any dispute or difference between the Governments of the States of New South Wales and Victoria as to any matter or thing arising out of this Agreement or as to the true meaning or construction of any part thereof, such dispute or difference shall be referred to arbitration in accordance with the New South Wales Arbitration Act 1902, or any amendment thereof.

51. This Agreement is subject to ratification by the Parliaments of New South Wales and Victoria during the year of our Lord One thousand nine hundred and twenty-two.

In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first before written.

Signed, sealed and delivered by the abovenamed GEORGE

WARBURTON FULLER, in the presence of—

R. T. BALL

GEORGE W. FULLER(L.S.)

And by the said HARRY SUTHERLAND WIGHTMAN

LAWSON, in the presence of—

SAMUEL BARNES

H. S. W. LAWSON(L.S.)

_______________

Sch. 1


21

SECOND SCHEDULE

PART I—GENERAL PROVISIONS

1 Power to enter upon lands and construct railway

For the purposes of this Act or the Agreement it shall be lawful for the Authority its successors deputies agents and workmen and all other persons by it authorized, without making any previous payment or having the previous consent of the owner or occupier, to enter into and upon the land of any person whomsoever, and to survey and take levels of the same and to ascertain and stake or set out take possession of use and appropriate such parts thereof as the Authority deems necessary and proper for the laying out making constructing maintaining altering repairing and using in Victoria any lines bridges and other works matters and conveniences authorized by this Act or the Agreement and in or upon such land to exercise all or any of the powers conferred on the Authority by the Transport (Compliance and Miscellaneous) Act 1983 and the Transport Integration Act 2010 and in or upon any land to make construct and use any permanent or temporary road or tramway upon over or through the same for the purpose of conveying earth stone timber gravel sand or any materials or things which the Authority deems proper or necessary for laying out making constructing maintaining altering repairing and using such lines bridges and works. In the exercise of the powers by this Act granted the Authority and other persons shall do as little damage as may be.

Sections 16, 18.

Sch. 2

Sch. 2Pt 1 cl. 1amended by Nos 9921s. 255(Sch. 12), 6/2010 s. 203(1)(Sch. 6 item 2.2) (as amended by No. 45/2010 s. 22).


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2 No compensation payable by Authority or Government

Notwithstanding anything in any Act no person shall be entitled to receive or shall receive from the Authority or the Government of Victoria any compensation in consequence of any part of any line being laid out made constructed maintained altered repaired or used on any road.

3 Breadth of land for railways

The land to be taken or used for any line shall not exceed one hundred feet in width, except for any station or where a greater width shall be judged by the Authority to be necessary.

4 Authority need not fence etc.

The Authority shall not be bound to erect or contribute to the erection of any dividing or other fence or to erect gates or to employ gatekeepers at any public or occupation road crossing, and the Authority shall not be liable for any damage which may be caused by the absence of gates or gatekeepers at the said crossings or by reason of any line not being fenced in or fenced off.

5 Power to construct reservoirs and to use roads

The Authority may enter into and take and use any land in Victoria for the construction of any reservoir aqueduct pipe track or for any proper work or convenience in connexion with any line and may take and use any road for laying out making constructing maintaining altering repairing and using any part of the lines bridges and works authorized by this Act or the Agreement.

6 Laws by-laws etc. to be in force

Sch. 2Pt 1 cl. 2 amended by No. 9921s. 255(Sch. 12).




Sch. 2



23

All laws by-laws regulations and conditions for the time being in force on the railways vested in the Authority shall so far as the same are capable of being applied be in force on the railways authorized to be constructed under this Act or the Agreement.

PART II—KERANG TO GONN CROSSING RAILWAY

1 Railway to which this Part relates

The line of railway to which this Part relates is the railway from Kerang to the bridge at or near Gonn Crossing including the extension referred to in clause thirty-one of the Agreement.

Sch. 2Comp. No. 2424 ss. 19et seq.

2 Council to make railway land purchase rate to meet annual payment

(1) The council of the shire of Kerang shall from the opening of the said line for traffic pay annually to the Treasurer of Victoria and within six months of demand a sum of money not less than Four hundred pounds for the purpose of recouping the expenditure by the Authority for land purchase and compensation and expenses in connexion therewith for the said line and for interest charges thereon at the rate of Four pounds ten shillings per centum per annum until such amount for land purchase compensation and expenses with interest thereon at Four pounds ten shillings per centum per annum has been repaid to the Treasurer of Victoria. The last payment shall be such a sum, less than Four hundred pounds, as will be sufficient to complete the recoup.

(2) In or for each year until the obligation of the said council under subsection (1) of this section has

Sch. 2 Pt 2cl. 2(1) amended by Nos 4253 s. 2(Sch. 1 Pt 1), 9921 s. 255(Sch. 12).


24

been determined the said council may without any petition confirmation or further or other authority than this Act make and levy upon and recover from the owners of all rateable property within the boundaries of the railway land purchase rate district a rate to be called a railway land purchase rate. Such rate shall subject to this Act be made levied and recovered as nearly as practicable pursuant to the provisions of sections forty-three to fifty of the Railway Lands Acquisition Act 1915 and shall vary in proportion to the advantage or benefits appearing to accrue to the lands therein by the construction of the said line as the Governor in Council by Order published in the Government Gazette determines and shall be paid by and recoverable from every owner of rateable property within the railway land purchase rate district.

(3) Notwithstanding anything in any Act lands in the railway land purchase rate district which have been acquired—

(a) by the State Rivers and Water Supply Commission; or

(b) by the Crown or the Closer Settlement Board and with respect to which the powers duties and authorities of the said Board have been transferred to the said Commission—

shall be rateable property for the purposes of this section.

(c) Notwithstanding anything in any Act the Authority shall pay such purchase money and compensation to the State Rivers and Water Supply Commission for all lands or hereditaments in the railway land purchase rate district which have been acquired—

Sch. 2

Comp. No. 2754 s. 9.Sch. 2 Pt 2cl. 2(3)(c) amended by No. 9921s. 255(Sch. 12).


25

(i) by the State Rivers and Water Supply Commission; or

(ii) by the Crown or the Closer Settlement Board and with respect to which the powers duties and authorities of the said Board have been transferred to the said Commission,

and which are required taken or used in connexion with or injured in or prejudicially affected by the construction of the said line as would be payable in accordance with this Act if such lands or hereditaments were private property.

(4) Such railway land purchase rate shall with the approval of the Governor in Council be fixed for each year at such amounts as will in the opinion of the shire council and of the Authority be sufficient to insure the recovery of the full amount required for such year for the payment to the Treasurer of Victoria as herein provided and the payment of cost of valuations and collection of rates.

(5) The money received in respect of the said railway land purchase rate shall be applicable only to meet the payments to the Treasurer of Victoria as aforesaid, and the cost of valuations and collection of rates.

(6) For the purposes of this section the Governor in Council may determine by Order published in the Government Gazette the boundaries of the area which shall be the railway land purchase rate district within which the rateable property is for the purposes of this section to be taken to be materially enhanced in value.

(7) For properties under five acres in area the valuation and net annual value for the time being

Comp. No. 2424 ss 19 et seq.Sch. 2 Pt 2 cl. 2(4) amended by No. 9921s. 255(Sch. 12).

Sch. 2


26

of all such rateable property for the municipal rate of the city town borough or shire in which any such property is situate shall be deemed and taken to be the valuation and the net annual value of such property for the purposes of the railway land purchase rate to be made and levied under this Act.

(8) The railway land purchase rate in respect of properties of five acres or more shall be annually fixed by the said council on an acreage basis and shall vary according to the quality of the soil the distance of the land from the nearest railway station or siding and the means of access thereto and the suitability of the land for cultivation judging from its configuration and not whether the land is cleared.

(9) The said council may appoint a valuer or valuers to assist it in fixing the rates per acre to be levied under this section.

(10) The Minister of Transport may from time to time decide that the lands in any portion of the railway land purchase rate district not exceeding one-eighth of the whole area thereof which in his opinion is not at the date of his decision materially benefited by the construction of the railway shall be exempt from rating for a period not exceeding one year from any date fixed by the said Minister.

3 Recovery of rates from occupier

(1) Notwithstanding anything in any Act when any railway land purchase rate made by the said council in respect of land within the railway land purchase rate district is not paid by the owner of such land within three months of the date when the same became payable the said council or its collector may without prejudice to any other method of recovery—

Sch. 2

Sch. 2 Pt 2cl. 2(10) amended by No. 9921s. 255(Sch. 12).

Comp. No. 2686 s. 318.


27

(a) by notice in writing demand the amount of such rate or any portion thereof from any occupier for the time being of such land; and

(b) on non-payment thereof may after one month from the service of such demand recover the same from such occupier in a court of petty sessions as a civil debt recoverable summarily or in any court of competent jurisdiction.

(2) (a) Any such occupier who pays any such rate due in respect of such land or from whom any such rate is recovered shall (unless under any agreement such rate is payable by him) be entitled to recover in a court of petty sessions as a civil debt recoverable summarily or in any court of competent jurisdiction from the person to whom he is liable to pay rent or to deduct from any rent payable or to become payable by him the amount so paid by or recovered from him.

(b) The production of the receipt for such rate so paid by or recovered from such occupier shall on payment of rent be a good and sufficient discharge for the amount so paid or recovered.

(3) No such occupier shall under this section be required to pay any further sum than the amount of rent due from him at the time of the demand made upon him for such rate or which after such demand and after notice not to pay the same to his landlord at any time has accrued and become payable by him unless—

(i) under any agreement such rate is payable by him; or

Sch. 2


28

(ii) he neglects or refuses on application being made to him for that purpose by or on behalf of the shire council truly to disclose the amount of his rent and the name and address of the person to whom such rent is payable;

but the burden of proof that such rate is not under any agreement payable by him or that the sum demanded of such occupier is greater than the rent due by him at the time of such notice or which has since accrued shall be upon such occupier.

4 Surplus rate in any year to be utilized for following year

(1) If the total receipts from the railway land purchase rate in any year leave a credit balance after payment in full of the amount payable by the shire council to the Treasurer of Victoria such credit balance shall be applied towards paying any money payable to the Treasurer of Victoria in any other year.

(2) If any credit balance remains after the obligation of the said council under section two of this Part of this Schedule is determined such balance shall be dealt with as the Authority directs.

5 Default of council to collect railway land purchase rate

(1) If the said council fails or omits to make land purchase rates pursuant to this Act or to make levy and recover sufficient land purchase rates to enable the said council to pay in any year on the due date the amount payable in or for such year to the Treasurer of Victoria the Governor in Council may empower the Authority to make any valuations necessary for the purpose and to fix make levy and recover land purchase rates for such year and to make payment to the Treasurer of


Sch. 2



29

Victoria as provided under section two of this Part of this Schedule.

(2) When so empowered the Authority in the name of the said council shall be entitled to make valuations when necessary and to make fix levy and recover (as the case may require) such rates accordingly, including therein the necessary expenses incurred by the Authority in so doing; and the Authority may do anything necessary to complete or enforce the recovery thereof and for such purposes shall have and may exercise as nearly as practicable all the powers and authorities conferred on the said council by this Act in regard to railway land purchase rates.

_______________


Sch. 2


30

THIRD SCHEDULEAGREEMENT made the 6th day of July One Thousand Nine Hundred and Eighty-three between the Honourable Laurie John Ferguson Acting Premier of the State of New South Wales, for and on behalf of that State of the one part, and the Honourable John Cain Premier of the State of Victoria, for and on behalf of that State of the other part

WHEREAS by an Agreement made the 14th day of September, 1922 between the then Premier of the State of New South Wales, for and on behalf of that State, and the then Premier of the State of Victoria, for and on behalf of that State, which agreement was set out in a Schedule to the Border Railways Act No. 16 of 1922 of the State of New South Wales and to the Border Railways Act No. 3194 of 1922 of the State of Victoria and is hereinafter referred to as the "Border Railways Agreement", it was agreed inter alia that the Government of the State of Victoria be authorised to construct certain railways

AND WHEREAS the Euston to Lette Railway was partly constructed only and the land required in New South Wales for or incidental to the Railway was not vested in the Government of the State of Victoria or in any corporation on behalf of the said Government in accordance with the provisions of the said Act No. 16 as amended and operations on the part of the Railway constructed have ceased and the trackwork has been dismantled

AND WHEREAS the Gonn Crossing to Stony Crossing Railway was constructed but the land required in New South Wales for or incidental to the Railway was not vested as aforesaid in accordance with the provisions of the said Act No. 16 as amended and operations on the Railway have ceased and the trackwork has been dismantled

AND WHEREAS the Kerang to Gonn Crossing Railway was constructed but operations thereon have ceased and the trackwork has been dismantled

NOW it is agreed as follows:

1. The Border Railways Agreement shall be and the same is hereby amended by deleting clauses 31, 33, 35, 41, 42 and 43.

2. This Agreement is subject to ratification by the Parliaments of New South Wales and Victoria during the year of Our Lord One Thousand Nine Hundred and Eighty-three.

Sch. 3 inserted by No. 9956s. 3(3).

Sch. 3


31

IN WITNESS whereof the said LAURIE JOHN FERGUSON and the said JOHN CAIN have hereunto set their hands and seals the day and year first above written.

SIGNED SEALED AND DELIVERED by the abovenamed

LAURIE JOHN FERGUSON, in the presence of—

JOHN BYRNE

L. J. FERGUSON (L.S.)

AND by the said JOHN CAIN, in the presence of—

RORY P. SHERIDAN

JOHN CAIN (L.S.)

═══════════════

Sch. 3


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ENDNOTES

1. General InformationThe Border Railways Act 1922 was assented to on 21 November 1922 and came into operation on 1 January 1923: Government Gazette 20 December 1922 page 3470.

Endnotes


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2. Table of AmendmentsThis Version incorporates amendments made to the Border Railways Act 1922 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Government Advances (Reduction of Interest) Act 1934, No. 4253/1934Assent Date: 4.10.34Commencement Date: 1.7.34: s. 1(2)Current State: All of Act in operation

Border Railways Act 1944, No. 5026/1944Assent Date: 6.11.44Commencement Date: 6.11.44Current State: All of Act in operation

Transport Act 1983, No. 9921/1983Assent Date: 23.6.83Commencement Date: S. 255(Sch. 12) on 1.7.83: s. 1(2)(c)Current State: This information relates only to the provision/s

amending the Border Railways Act 1922

Border Railways Act 1983, No. 9956/1983Assent Date: 15.11.83Commencement Date: S. 4 on 1.1.23: s. 2(2); rest of Act on 15.11.83: s. 2(1)Current State: All of Act in operation

Financial Management (Consequential Amendments) Act 1994, No. 31/1994Assent Date: 31.5.94Commencement Date: S. 3(Sch. 1 item 6) on 7.7.94: Government Gazette

7.7.94 p. 1878—see Interpretation of Legislation Act 1984

Current State: This information relates only to the provision/s amending the Border Railways Act 1922

Rail Corporations (Amendment) Act 1997, No. 104/1997Assent Date: 16.12.97Commencement Date: S. 39 on 31.3.98: Special Gazette (No. 23) 31.3.98 p. 1Current State: This information relates only to the provision/s


Statute Law Revision Act 2000, No. 74/2000Assent Date: 21.11.00Commencement Date: S. 3(Sch. 1 item 13) on 22.11.00: s. 2(1)Current State: This information relates only to the provision/s


Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)Assent Date: 2.3.10Commencement Date: Ss 24(5)(Sch. 1 item 2), 203(1)(Sch. 6 item 2) on

1.7.10: Special Gazette (No. 256) 30.6.10 p. 1Current State: This information relates only to the provision/s


Endnotes


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–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––


35

3. Explanatory DetailsNo entries at date of publication.

Endnotes


36

Documents

Border Railways Act 1922 - Victorian Legislation and …FILE/22-31… · Web view · 2014-05-02from sale permanently any Crown land and the Authority may enter take possession