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




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PART I—GENERAL PROVISIONS

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


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 Act 1983 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.



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


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.



Sch. 2
Pt 1 cl. 3 amended by No. 9921
s. 255
(Sch. 12).


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.



Sch. 2
Pt 1 cl. 4 amended by No. 9921
s. 255
(Sch. 12).


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.



Sch. 2
Pt 1 cl. 5 amended by No. 9921
s. 255
(Sch. 12).


5. Power to construct reservoirs and to use roads

Sch. 2

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.

Sch. 2
Pt 1 cl. 6 amended by No. 9921
s. 255
(Sch. 12).


6. Laws 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 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.



Comp. No. 2424 ss. 19
et seq.


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


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


(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 sub-section (1) of this section has 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—


Sch. 2

(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.


Comp. No. 2754 s. 9.

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


(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—

(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.



Comp. No. 2424 ss 19
et seq.


Sch. 2 Pt 2
cl. 2(4) amended by No. 9921
s. 255
(Sch. 12).


(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.



Sch. 2

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


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


(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.

Comp. No. 2686 s. 318.

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—

(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.



Sch. 2

(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

(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.



Sch. 2 Pt 2
cl. 4(2) amended by No. 9921
s. 255
(Sch. 12).


(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.


Sch. 2



5. Default of council to collect railway land purchase rate

Sch. 2 Pt 2
cl. 5(1) amended by No. 9921
s. 255
(Sch. 12).


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

Sch. 2 Pt 2
cl. 5(2) amended by No. 9921
s. 255
(Sch. 12).


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

THIRD SCHEDULE


Sch. 3


AGREEMENT 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.


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.



Sch. 3




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.)

═══════════════

ENDNOTES




  1. Endnotes
    General Information

The 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.

  1. Table of Amendments

This Version incorporates amendments made to the Border Railways Act 1922 by Acts and subordinate instruments.


Endnotes


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

Government Advances (Reduction of Interest) Act 1934, No. 4253/1934

Assent Date:

4.10.34

Commencement Date:

1.7.34: s. 1(2)

Current State:

All of Act in operation

Border Railways Act 1944, No. 5026/1944

Assent Date:

6.11.44

Commencement Date:

6.11.44

Current State:

All of Act in operation

Transport Act 1983, No. 9921/1983

Assent Date:

23.6.83

Commencement 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. 9956/1983

Assent Date:

15.11.83

Commencement 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. 31/1994

Assent Date:

31.5.94

Commencement 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. 104/1997

Assent Date:

16.12.97

Commencement Date:

S. 39 on 31.3.98: Special Gazette (No. 23) 31.3.98 p. 1

Current State:

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

Statute Law Revision Act 2000, No. 74/2000

Assent Date:

21.11.00

Commencement Date:

S. 3(Sch. 1 item 13) on 22.11.00: s. 2(1)

Current State:

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

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

  1. Explanatory Details


Endnotes
No entries at date of publication.





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