Version No. 024
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Version incorporating amendments as at
30 August 2012
table of provisions
Section Page
iii
Section Page
1 Short title and commencement 1
Part I—Establishment of Emerald Tourist Railway Board 2
2 Establishment of Emerald Tourist Railway Board 2
3 Responsibilities and functions of Board 2
4 Matters to be provided for by Order in Council 3
5 Additional Orders in Council 4
6 Membership of Board 4
7 Incorporation 5
8 Property of Railways Board in tourist railway to pass to Board 6
9 Crown land may be used for purposes of railway 7
10 First meeting of Board 8
Part II—Procedure of Board 9
11 Term of office 9
12 Casual vacancies 9
13 Chairman 9
14 Quorum 10
15 Decisions 10
16 Travelling allowances etc. of members 10
17 Judicial notice 10
18 Disqualification from office 11
19 Conflict of interest 11
20 Procedure 12
Part III—Officers 13
21 Manager 13
22 Offices 14
Part IV—Financial 15
23 General Fund 15
24, 25 Repealed 15
26 Borrowing by Board 15
27 Board may make loans 15
28 Loans by Minister 16
29 Application by Board for loan by Minister 16
Part V—Miscellaneous 18
30 Procedure upon default in repayment of loan 18
31 Relinquishment of possession by Minister 19
32 Appointment of inspector by Governor in Council 20
33 Conditions of appointment of inspector 20
34 Powers of inspector 21
35 Inspector may take possession of books 21
36 Examination of officers 22
37 Notes of examination 23
38 Report of inspector 24
39 Contracts of Board 25
40 Certificate of chairman to be evidence of ownership by Board 26
41 Grants of leases, licences and easements 26
41A Grants of leases for up to 50 years 28
41B Power to enter and use land 29
42 Board to report accidents to Minister 29
43 Actions against Board 30
44 Execution against Board 30
45 Railway etc. not to be sold under execution 30
46 Board to make returns to Minister of accidents 30
47 Board may adopt by-laws made under Transport Act1983 30
48 Provisions of Fences Act 1968 not to apply 31
48A Supreme Court—limitation of jurisdiction 31
49 By-laws 31
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SCHEDULES 35
SCHEDULE ONE 35
SCHEDULE TWO 36
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ENDNOTES 37
1. General Information 37
2. Table of Amendments 38
3. Explanatory Details 40
iii
Version No. 024
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Version incorporating amendments as at
30 August 2012
An Act to make Provision for the Establishment of a Board to be known as the Emerald Tourist Railway Board for the Preservation and Operation as a Tourist Attraction of the Historical Narrow-gauge Steam Railway in the Dandenong Ranges and for Purposes connected therewith.
2
Part I—Establishment of Emerald Tourist Railway Board
Emerald Tourist Railway Act 1977
No. 9020 of 1977
BE IT 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):
1 Short title and commencement
(1) This Act may be cited as the Emerald Tourist Railway Act 1977.
(2) This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
S.1(3) repealed by No. 70/1994 s.16(a).
* * * * *
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Part I—Establishment of Emerald Tourist Railway Board
2 Establishment of Emerald Tourist Railway Board
s. 2
(1) At the request of the Puffing Billy Preservation Society and the Victorian Railways Board and on the recommendation of the Minister the Governor in Council may by Order provide for the constitution and establishment under this Act of an Emerald Tourist Railway Board and may in and by that Order authorize the Board, subject to this Act but notwithstanding anything to the contrary in any other Act or law to acquire the undertaking and the land, rolling stock, and other assets of the Victorian Railways Board which constitute the narrow-gauge steam railway commencing at Belgrave at the commencement of this Act and known as Puffing Billy and, if so arranged, to discharge any outstanding liabilities in respect thereof.
(2) In any submission to the Governor in Council that the Board established under this Act shall take over the ownership, management, and control of the said narrow-gauge steam railway whilst there are liabilities outstanding in respect thereof the Minister shall cause to be included in his submission to the Governor in Council particulars of those liabilities.
S.3 substituted by No. 70/1994 s.4.
3 Responsibilities and functions of Board
(1) The Emerald Tourist Railway Board established under this Act—
(a) is responsible for the preservation, development, promotion, operation and maintenance of the historical narrow-gauge steam railway referred to in section 2(1); and
S. 3(1)(b) substitutedby No. 92/2003 s.3(1).
(b) may carry out other related operations which are consistent with the operations of that railway as a major tourist attraction, including, but not limited to—
(i) the provision of maintenance and consultancy services to other railway operations; and
(ii) the development, construction and management of tourist facilities.
S. 3(1A) insertedby No. 92/2003 s.3(2).
(1A) For the purposes of subsection (1)(b) and section41 tourist facilities includes—
(a) tourist accommodation;
(b) interpretation centres and convention centres;
(c) cafes, restaurants and licensed premises within the meaning of the Liquor Control Reform Act 1998;
(d) shops;
(e) carparks;
(f) other related facilities.
(2) The Emerald Tourist Railway Board shall not for any purpose be taken or deemed to be a common carrier.
4 Matters to be provided for by Order in Council
s. 4
The Order in Council providing for the establishment of the Board shall subject to this Act—
(a) if the Board is the successor of some other body or bodies corporate or unincorporate—specify that fact and the name of the body or bodies the Board succeeds and general particulars of the undertaking which is intended to pass to the Board upon the incorporation of the Board;
(b) state the total amount of money which may be granted or lent pursuant to the provisions of this Act by the Minister to the Board for the purposes of this Act and also the amount which the Board may borrow by way of overdraft or loan;
(c) provide for the winding up of the Board in circumstances in which a company may be wound up under the Companies Act 1961;
(d) contain such other provisions as the Governor in Council thinks fit in the circumstances; and
(e) be published in the Government Gazette.
5 Additional Orders in Council
s. 5
On the petition of the Board the Governor in Council may make any additional Order in Council and in any such Order—
(a) may vary the original Order to provide for any matter which might have been provided for in the original Order; and
(b) may alter the name of the Board.
6 Membership of Board
(1) The Emerald Tourist Railway Board shall consist of not less than five nor more than ten persons appointed by the Governor in Council to be members of the Board of whom—
(a) four shall be nominated by the Puffing Billy Preservation Society;
S.6(1)(b) amended by Nos 70/1994 s.16(b), 6/2010 s.203(1)(Sch. 6 item 17.1) (as amended by No. 45/2010 s.22).
(b) one shall be nominated by the Minister administering the Transport Integration Act 2010;
(c) one shall be experienced in the promotion and management of tourism;
(d) one shall be experienced in banking or finance;
(e) two shall be persons the Governor in Council thinks specially qualified to achieve the aims of the Board.
S.6(1A) inserted by No. 70/1994 s.5.
(1A) Not more than 2 members of the Board appointed under subsection (1) may be managers or other officers or employees of the Board.
(2) The members of the Board shall not in any way be personally liable to the Board or to any person for anything done by them in the course of carrying out their duties under this Act in accordance with the provisions of this Act and the by-laws.
7 Incorporation
s. 7
The members of the Board shall be a body corporate by the name of Emerald Tourist Railway Board and by that name shall have perpetual succession and a common seal and shall be capable in law of suing and being sued and shall, subject to this Act, have power to take, purchase, sell, lease, take on lease, and hold lands, goods, chattels, and other property and to enter into any contract, agreement or arrangement for any of the purposes of this Act.
8 Property of Railways Board in tourist railway to pass to Board
(1) [1]Upon the incorporation of the Board under this Act and without any further or other authority than the provisions of this section but subject to the provisions of subsection (2)—
(a) the provisions of the Fern Tree Gully and Gembrook Railway (Reconstruction) Act 1948 and of section 2 of the Railways Dismantling Act 1963 shall cease to have effect so far as those provisions relate to the said historical narrow-gauge steam railway;
(b) all the right title and interest of the Victorian Railways Board in the property referred to in this paragraph shall pass to and be vested in the Board, namely—
S.8(1)(b)(i) amended by No. 18/1989 s.13(Sch. 2 item 26(a)(b)).
(i) the lands of the Victorian Railways Board described in the folios of the Register referred to in Schedule One being lands vested in the said Board for the purposes of the Fern Tree Gully and Gembrook Railway and lying between the southern boundary of the land described in folio of the Register Volume 2841 Folio 169 and the southern boundary of the land described in folio of the Register Volume 2763 Folio 405;
s. 8
(ii) the permanent way, rolling stock, signals, and other fittings, fixtures, and appurtenances of the said railway; and
(iii) all plans, drawings, records, equipment, materials and parts relating to the said railway; and
S.8(1)(c) amended by No. 18/1989 s.13(Sch. 2 item 26(a)).
(c) all the right title and interest of the Victorian Railways Board in the lands described in the folios of the Register referred to in Schedule Two is divested out of the Victorian Railways Board and surrendered to Her Majesty and shall become and be unalienated land of the Crown deemed to be permanently reserved under section 14 of the Land Act 1958 for public recreation.
S.8(2) amended by Nos 18/1989 s.13(Sch. 2 item 26(a)), 46/1998
s. 7(Sch. 1).
(2) The Board shall not sell or otherwise dispose of any of the lands described in the folios of the Register referred to in Schedule One for an estate in fee simple without the consent in writing of the Minister administering the National Rail Corporation (Victoria) Act 1991.
(3) Upon the incorporation of the Board under this Act the liabilities (if any) of the Victorian Railways Board in respect of any of the property referred to in subsection (1)(b) shall pass to the Board.
(4) The Board shall cause to be prepared and furnished to the Minister within twelve months after the incorporation of the Board an inventory certified by an officer of the Victorian Railways Board and an officer of the Board of the property which has vested in the Board pursuant to the provisions of subsection (1)(b)(ii).
9 Crown land may be used for purposes of railway
s. 9
S.9(1) amended by No. 41/1987 s.103(Sch. 4 item 16.1).
(1) Any unalienated land of the Crown which was used for the purposes of the said railway or in connexion with the railway immediately before the commencement of this Act or is required by the Emerald Tourist Railway Board for the purposes of this Act may, with the concurrence of the Minister for the time being administering the Conservation, Forests and Lands Act 1987, be so used by the Board for the purposes of this Act.
(2) Upon the publication in the Government Gazette of a description of any such unalienated land of the Crown the land shall become vested in the Board as if it were reserved under the Land Act 1958 for the purposes of this Act but shall be and remain lands of the Crown.
10 First meeting of Board
s. 10
(1) The members of the Board shall hold their first meeting at such time and place as the Governor in Council appoints in that behalf and shall proceed to put this Act into execution.
(2) On the day appointed under subsection (1) the Board shall be and be deemed to be duly and legally constituted in pursuance of the provisions of this Act.
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Part II—Procedure of Board
11 Term of office
s. 11
Subject to this Act the members of the Board are entitled to hold office for a period of three years from the date of their appointment and are eligible for re-appointment.
12 Casual vacancies
(1) In the event of a vacancy occurring in the office of member of the Board the Governor in Council may appoint some eligible person to be a member and, if the person whose office is vacant was nominated by some person or body, may make the appointment on the like nomination.