Version No. 001
Sale Station Relocation and Development Act 1981
Act No. 9637/1981
Version incorporating amendments as at 2 March 2001
table of provisions
Section Page
ii
Section Page
PART I—PRELIMINARY 2
1. Short title and commencement 2
2. Definitions 2
3. Purposes of Act 3
PART II—RAILWAY CONSTRUCTION 5
4. Power of Authority to construct Sale Loop Railway 5
5. Power to enter upon land and construct loop 5
6. Repealed 6
7. Land Acquisition and Compensation Act 1986 to apply 6
8. Vesting of land 6
9. No duty to fence 7
10. Law, by-laws etc. to be in force 7
11. Audit Act and Acts relating to Crown lands not affected 7
PART III—FINANCIAL 8
12. Council may obtain overdraft 8
13. Account 8
14. Council to pay costs etc. of Authority 9
PART IV—DEVELOPMENT 10
15. Partnership, joint ventures etc. 10
16. Powers of Council and the Authority in relation to land 10
17. Definition 11
18. Requirements etc. of other Acts to apply 11
19. Validation of Council actions 11
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SCHEDULES 13
SCHEDULE 1—Land 13
SCHEDULE 2—Sale Loop Railway 14
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ENDNOTES 15
1. General Information 15
2. Table of Amendments 16
3. Explanatory Details 17
ii
Version No. 001
Sale Station Relocation and Development Act 1981
Act No. 9637/1981
Version incorporating amendments as at 2 March 2001
An Act to authorize the Relocation of the Sale Railway Station, the development of the said railway station land, and for other purposes.
17
Part I—Preliminary
Sale Station Relocation and Development Act 1981
Act No. 9637/1981
Preamble
WHEREAS the Victorian Railways Board is vested of certain Crown land and is the registered proprietor of certain freehold land in the municipal district of Sale on which is constructed the Sale railway station and associated facilities:
AND WHEREAS it is desirable that the Sale railway station be relocated out of the main township of the City of Sale to other land within the municipality:
AND WHEREAS in order to enable the station to be relocated it is necessary to connect the Gippsland Railway with the Sale and Stratford Railway by means of a loop railway:
AND WHEREAS the City of Sale desires to obtain ownership of the land on which the Sale railway station is presently constructed and to develop the said railway station land as a Commercial, Retail and Residential complex either in its own right or in association with the Railway Construction and Property Board:
AND WHEREAS the City of Sale desires to borrow moneys to develop the said railway station land:
AND WHEREAS it is expedient to use part of the moneys so borrowed to reimburse the General Fund of the City of Sale by a sum equal to the amount of the moneys already expended from the General Fund by the City of Sale on the purchase of land and the development of the said railway station land:
BE IT THEREFORE ENACTED by the Queen'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):
Part I—Preliminary
1. Short title and commencement
s. 1
(1) This Act may be cited as the Sale Station Relocation and Development Act 1981.
(2) The several provisions of this Act shall come into operation on the day or the respective days to be fixed by proclamation or the successive proclamations of the Governor in Council published in the Government Gazette.
2. Definitions
In this Act unless inconsistent with the context or subject-matter—
S. 2 def. of "Authority" inserted by No. 9921 s.255 (Sch.12).
"Authority" means the State Transport Authority established under the Transport Act 1983;
"Council" means the Mayor, Councillors and Citizens of the City of Sale;
"develop" means to improve the land delineated and shown cross hatched in Schedule 1 of this Act for any commercial residential retail or civic or other public or private purpose (or any combination thereof) and without affecting the generality hereof includes the construction of any buildings and works and "developed", "developing" and "development" shall be construed in similar manner;
"land" includes all real estate messuages lands tenements and hereditaments of any tenure and easements rights and privileges over in or affecting land;
"loop" means the Sale Loop Railway and all necessary and ancillary works and conveniences in connexion therewith including a railway station, sidings and associated facilities;
S. 2 defs of "Property Board", "Railways Board" repealed by No. 9921 s.255 (Sch.12).
* * * * *
3. Purposes of Act
s. 3
The purposes of this Act are to authorize—
(a) the construction of the loop to connect the Gippsland Railway with the Sale and Stratford Railway on the land delineated and shown hatched in Schedule 1;
S. 3(b) amended by No. 9921 s.255 (Sch.12).
(b) the transfer to the Authority of all land delineated and shown hatched in Schedule 1;
(c) the transfer to the Council of all land delineated and shown cross hatched in Schedule 1;
S. 3(d) amended by No. 9921 s.255 (Sch.12).
(d) the development by Council either in its own right or association with the Authority of all land delineated and shown cross hatched in Schedule 1; and
s. 3
(e) the sale or lease by the Council to any person, or body corporate or unincorporate of part or all of the land delineated and shown cross hatched in Schedule 1.
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Part II—Railway Construction
4. Power of Authority to construct Sale Loop Railway
s. 4
S. 4(1) amended by No. 9921 s.255 (Sch.12).
(1) The Authority is hereby authorized to make and construct a 1×6 metres gauge railway connecting the Gippsland Railway with the Sale and Stratford Railway in the line and upon the land described in Schedule 2, together will all necessary and ancillary works and conveniences in connexion therewith including a railway station, sidings and associated facilities to be called the Sale Loop Railway.
(2) It shall be lawful to deviate from the line of the said railway on either side thereof at any part thereof and in consequence of such deviation the said line may be increased in length to an extent of not more than one-tenth of the length of the line as described in Schedule 2.
5. Power to enter upon land and construct loop
S. 5(1) amended by No. 9921 s.255 (Sch.12).
(1) For the purposes of this Act—
(a) the Council may take possession of and acquire by agreement or compulsorily any land or such easements over or rights to use any part of the land; and
S. 5(1)(b) amended by No. 9921 s.255 (Sch.12).
(b) the Authority its deputies agents and workmen and all other persons by it authorized may, without making any previous payment or having the previous consent of the owner or occupier but having given not less than seven days' notice of its or his intention to the owner or occupier, enter into and upon any land and survey and stake or set out or use the land—
the Authority deems necessary and proper for the construction of the loop, and the Authority may in or upon such land exercise for that purpose all or any of the powers conferred on it by the Transport Act 1983.
S. 5(2) amended by No. 9921 s.255 (Sch.12).
(2) For the purposes of this Act the Council or Authority may close divert take and use any road street or way or portion of a road street or way.
S. 5(3) amended by No. 9921 s.255 (Sch.12).
(3) In the exercise of the powers granted by this Act the Council, the Authority and other persons shall do as little damage as may be.
S. 6
repealed by No. 9921 s.255 (Sch.12).
* * * * *
S. 7
amended by No. 9921 s.255 (Sch.12), substituted by No. 121/1986 s.112(Sch.).
7. Land Acquisition and Compensation Act 1986 to apply
s. 7
The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose—
(a) the Sale Station Relocation and Development Act 1981 is the special Act; and
(b) the State Transport Authority or the Council (as the case requires) is the Authority.
8. Vesting of land
S. 8(1) amended by No. 9921 s.255 (Sch.12).
(1) Whenever the Authority under its common seal certifies that the construction of the loop is completed, the Governor in Council may make an order transferring the loop together with the land delineated and shown hatched in Schedule 1 to the Authority and the order shall be published in the Government Gazette.
(2) Immediately on such publication—
S. 8(2)(a) amended by No. 9921 s.255 (Sch.12).
(a) the loop together with the land delineated and shown hatched in Schedule 1 shall become vested in the Authority for the purposes of the Transport Act 1983, and shall be supervised and maintained by the Authority pursuant to the Transport Act 1983; and
(b) the land delineated and shown cross hatched in Schedule 1 shall become vested in the Council.
9. No duty to fence
s. 9
S. 9(1) amended by No. 9921 s.255 (Sch.12).
(1) The Council and 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 on the line of loop.
S. 9(2) amended by No. 9921 s.255 (Sch.12).
(2) The Council and the Authority shall not be liable for any damage which may be caused by the absence of gates or gatekeepers at any crossing referred to in sub-section (1) or by reason of the loop not being fenced in or fenced off.
S. 10
amended by No. 9921 s.255 (Sch.12).
10. Law, by-laws etc. to be in force
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 loop authorized by this Act to be constructed.
11. Audit Act and Acts relating to Crown lands not affected
Nothing in this Act shall affect or in any manner alter or vary any of the provisions of the Audit Act 1958 or of any Acts relating to Crown land.
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Part III—Financial
12. Council may obtain overdraft
s. 12
(1) For the purposes of section 439B of the Local Government Act 1958 the carrying out of works or undertakings authorized by this Act to be undertaken by the Council shall be deemed to be permanent works and undertakings within the meaning of Part XV of the Local Government Act 1958.
(2) The provisions of sections 399 to 417 of the Local Government Act 1958 shall not apply to the borrowing of money for the purposes of this Act.
(3) In this section "year" means the period of twelve months ending on the thirtieth day of September.
13. Account
(1) The Council shall cause an account, which shall be called the Sale Station Development Account and be separate and distinct from the General Fund, to be established and kept of all moneys borrowed by the Council pursuant to the provisions of section12 and of all payments and disbursements made pursuant to the provisions of this Act.
(2) The Council may transfer from the Sale Station Development Account to the Municipal Fund an amount equal to the amount expended by the Council from the Municipal Fund prior to the commencement of this Act for or towards the works and undertakings authorized by this Act.
(3) The account referred to in sub-section (1) shall be audited at least once in each financial year during the period of the development of the land delineated and shown cross hatched in Schedule 1 and thereafter until all moneys borrowed by the Council pursuant to section 12 have been repaid.
14. Council to pay costs etc. of Authority
s. 14
S. 14(1) amended by No. 9921 s.255 (Sch.12).
(1) The Council shall pay all costs charges and expenses incurred by the Authority and the Authority in carrying out all works for the loop and for the purchase of the land delineated and shown hatched in Schedule 1 provided for by this Act.
S. 14(2) amended by No. 9921 s.255 (Sch.12).
(2) The Authority and the Authority shall cause separate and distinct accounts to be kept of all payments and disbursements incurred pursuant to the carrying out of all works for the loop provided for by this Act.
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Part IV—Development
15. Partnership, joint ventures etc.
s. 15
For the purposes of developing the land delineated and shown cross hatched in Schedule 1—
S. 15(a) amended by No. 9921 s.255 (Sch.12).
(a) the Council may enter into a partnership, joint venture or other arrangement with the Authority; and
S. 15(b) amended by No. 9921 s.255 (Sch.12).
(b) the Authority may enter into a partnership, joint venture or other arrangement with the Council.
S. 16
amended by No. 9921 s.255 (Sch.12).
16. Powers of Council and the Authority in relation to land
The Council or the Authority, either jointly or severally pursuant to any agreement made between the Council and the Authority, may do all things necessary to be done to develop the land delineated and shown cross hatched in Schedule 1 and to dispose of the said land or part of the said land upon completion of the development and in particular may do any one or more of the following—