Version No. 002 Border Railways Act 1922 Act No. 3194/1922




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Version No. 002

Border Railways Act 1922

Act No. 3194/1922

Version incorporating amendments as at 22 November 2000


table of provisions

Section Page



1. Short title 1

2. Act to bind the Crown 2

3. Commencement 2

4. Definitions 2

5. Ratification of Agreement 4

6. Construction maintenance etc. of railways and works authorized 4

7. Constructing Authority of certain bridges etc. 5

8. Construction by Authority or constructing Authority 6

9. Reservation and acquisition of lands 6

10. Reservation and acquisition of lands on request of New South Wales 7

11. Compensation 7

12. Lands Compensation Acts incorporated 7

13. Powers of control and management by the Authority 10

14. Provisions as to standard gauge 10

15. Conditions and wages on railways constructed in New South Wales by Victoria 11

16. Construction of railways etc. in Victoria 11

18. Application of provisions of Part 2 of Second Schedule as to railway land purchase rate 11

19. Management and control of railways after construction 12

20. Authority to maintain and keep open for traffic lines in Victoria 13

21. Moneys to be provided by Parliament 13

22. Treasurer's approval of certain contracts and expenditure 13

23. Reference to Parliamentary Standing Committee on Railways not necessary 14

24. Audit and Land Acts not affected 14

__________________ 14



SCHEDULES 15

FIRST SCHEDULE 15

The Agreement 15

SECOND SCHEDULE 25

THIRD SCHEDULE 33

═══════════════ 34



ENDNOTES 35

1.General Information 35

2.Table of Amendments 36

3.Explanatory Details 37


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.


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.

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.

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.


Sch. 1

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.

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

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

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.



Sch. 1

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.

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

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.

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.


Sch. 1

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.

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.



Sch. 1

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 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.



Sch. 1

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 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.


Sch. 1

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.

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.


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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.

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.


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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.)

_______________

Sections 16, 18.
SECOND SCHEDULE


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