Version No. 002
Border Railways Act 1922
Act No. 3194/1922
Version incorporating amendments as at 22 November 2000
table of provisions
SectionPage
1
SectionPage
1.Short title
2.Act to bind the Crown
3.Commencement
4.Definitions
5.Ratification of Agreement
6.Construction maintenance etc. of railways and works
authorized
7.Constructing Authority of certain bridges etc.
8.Construction by Authority or constructing Authority
9.Reservation and acquisition of lands
10.Reservation and acquisition of lands on request of New South Wales
11.Compensation
12.Lands Compensation Acts incorporated
13.Powers of control and management by the Authority
14.Provisions as to standard gauge
15.Conditions and wages on railways constructed in New South Wales by Victoria
16.Construction of railways etc. in Victoria
17.Repealed
18.Application of provisions of Part 2 of Second Schedule as to railway land purchase rate
19.Management and control of railways after construction
20.Authority to maintain and keep open for traffic lines in
Victoria
21.Moneys to be provided by Parliament
22.Treasurer's approval of certain contracts and expenditure
23.Reference to Parliamentary Standing Committee on
Railways not necessary
24.Audit and Land Acts not affected
______
SCHEDULES
SCHEDULE 1—The Agreement
SCHEDULE 2
SCHEDULE 3
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 002
Border Railways Act 1922
Act No. 3194/1922
Version incorporating amendments as at 22 November 2000
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.
1
Act No. 3194/1922
Border Railways Act 1922
Preamble
WHEREAS 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.
N.S.W. Bill
cl. 2.
2.Act to bind the Crown
s. 2
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.
Comp. N.S.W. Bill cl. 3.
(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.
S. 4
amended by No. 104/1997
s. 39(2)
(ILA s. 39B(1)).
4.Definitions
(1)In this Act unless inconsistent with the context or subject-matter—
S. 4(1) def. of "the Agreement" amended by No. 9956
s. 3(1)(a).
"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;
S. 4(1) def. of "Authority" inserted by No. 9921
s. 255
(Sch. 12), substituted by No. 104/1997 s. 39(1).
"Authority" means Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996;
S. 4(1) defs of "Board" and "Commis-
sioners" repealed by No. 9921
s. 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.
S. 4(2) inserted by No. 104/1997 s. 39(2).
(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 sub-section—
s. 4
(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.
Comp. ib. cl.5.
S. 5
amended by No. 9956
s. 3(1)(b)(i)(ii).
5.Ratification of Agreement
s. 5
(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.
S. 5(2) inserted by No. 9956
s. 3(1)(b)(iii).
(2)The Agreement a copy of which is set out in the Third Schedule is hereby ratified and approved.
Comp. ib. cl.6.
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.
Comp. N.S.W. Bill cl. 7.
S. 7
amended by No. 9921
s. 255
(Sch. 12).
7.Constructing Authority of certain bridges etc.
s. 7
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
S. 8(1) amended by No. 9921
s. 255
(Sch. 12).
(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).
S. 8(2) amended by No. 9921
s. 255
(Sch. 12).
(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.
S. 9
amended by No. 9921
s. 255
(Sch. 12).
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 Authority may enter take possession of and appropriate any land other than Crown land.
Comp. N.S.W. Bill cl. 8.
S. 10
amended by No. 9921
s. 255
(Sch. 12).
10.Reservation and acquisition of lands on request of New South Wales
s. 10
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.
Comp. No. 2596 s. 16.
S. 11
amended by No. 9921
s. 255
(Sch. 12).
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).
Nos 2678, 3141. Comp. No. 2424
ss 16–18.
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 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.
S. 12(2) amended by No. 9921
s. 255
(Sch. 12).
(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
s. 12
"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.
(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.
Comp. N.S.W. Bill cl. 9.
S. 13
amended by Nos 9921
s. 255
(Sch. 12),
9956 s. 4.
13.Powers of control and management by the Authority
s. 13
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 management are conferred on the Government of Victoria or the Authority by or under any Act of the Parliament of New South Wales.
Comp. cls 36, 37 of the Agreement.
14.Provisions as to standard gauge
s. 14
(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.
Comp. N.S.W. Bill cl. 10; and cl. 40 of the Agreement.
S. 15
amended by No. 9921
s. 255
(Sch. 12).
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.
S. 17
repealed by No. 9921
s. 255
(Sch. 12).
*****
18.Application of provisions of Part 2 of Second Schedule as to railway land purchase rate
s. 18
(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.
Comp. No. 2078 s. 10.
S. 19
amended by Nos 9921
s. 255
(Sch. 12)., 74/2000 s.3(Sch. 1 item 13).
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.
S. 19(2) inserted by No. 5026 s. 2, amended by No. 9921
s. 255
(Sch. 12).
(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.
S. 19(3) inserted by No. 5026 s.2, amended by No. 9921 s.255
(Sch. 12).
(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.
S. 20 amended by Nos 9921
s. 255
(Sch. 12),
9956 s. 3(2).
20.Authority to maintain and keep open for traffic lines in Victoria
s. 20
The Authority shall at all times maintain and keep open for traffic any railways in Victoria referred to in this Act or the Agreement.
S. 21 amended by No. 31/1994
s. 3(Sch. 1 item 6).
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.
S. 22 amended by No. 9921
s. 255
(Sch. 12).
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 works or operations under this Act or the Agreement.
24.Audit and Land Acts not affected
s. 24
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.
______
SCHEDULES
Section 4.
FIRST SCHEDULE
Sch. 1
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.