Border Railways (Amendment) Act 1983 (NSW)
BORDER RAILWAYS (AMENDMENT) ACT, 1983, No. 118
J^eto &outf) Male*
ANNO TRICESIMO SEC UNDO
ELIZABETHS H REGINiE
Act No. 118, 1983.
An Act to amend the Border Railways Act, 1922, so as to ratify an
agreement made between the States of New South Wales and Victoria,
15th December, 1983.1
and for other purposes; and to validate certain matters. [Assented to,
Act No. 118, 1983. 2
Border Railways (Amendment).
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—
Short title.
1. This Act may be cited as the "Border Railways (Amendment) Act,
1983".
Commencement.
2. (1) Except as provided by this section, this Act shall commence on
the date of assent to this Act.
(2) Section 5 shall, in its application to a provision of Schedule 1, 2 or 3, commence or be deemed to have commenced, as the case may require, on the day on which that provision commences or is deemed to have commenced.
(3) Schedule 2 shall be deemed to have commenced on 1st January,
1923.
(4) Schedule 3 shall be deemed to have commenced on 1st July,
1983.
| Principal Act. |
3. The Border Railways Act, 1922, is referred to in this Act as the
Principal Act.
Schedules.
4. This Act contains the following Schedules:—
SCHEDULE 1.—AMENDMENTS TO THE PRINCIPAL ACT RELATING
TO THE AGREEMENT.
Act No. 118, 1983.
Border Railways (Amendment).
SCHEDULE 2 . — F U R T H E R A M E N D M E N T S TO THE PRINCIPAL A C T .
SCHEDULE 3 . — A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE LAW REVISION.
Amendment of Act No. 16, 1922.
The Principal Act is amended in the manner set forth in Schedules 1,
2 and 3.
Savings.
6. Nothing in this Act affects any legal proceedings instituted and pending or any judgment given, any order made or any conviction recorded in any court before the commencement of this section.
SCHEDULE 1.
(Sec. 5.)
| A M E N D M E N T S | TO | THE | PRINCIPAL | A C T | RELATING | TO | THE | A G R E E M E N T . |
(1) Section 4, definition of "The agreement"—
Omit "the Schedule", insert instead "Schedule 1, as amended by the agreement a copy of which is set out in Schedule 2".
| (2) (a) Section 5— |
After "agreement", insert "a copy of which is set out in Schedule
1".
(b) Section 5 (2) —
At the end of section 5, insert: —
(2) The agreement a copy of which is set out in Schedule 2
is hereby ratified and approved.
Act No. 118, 1983. 4
Border Railways {Amendment).
SCHEDULE 1— continued.
A M E N D M E N T S TO THE PRINCIPAL A C T RELATING TO THE
AGREEMENT—continued.
(3) Schedule 1—
Omit the heading "SCHEDULE." occurring after section 10, insert instead the heading "SCHEDULE 1.".
(4) Schedule 2—
After Schedule 1, insert:—
SCHEDULE 2.
AGREEMENT.
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 Honour- able 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 Rail- way 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 ti'ackwork 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 opera-
tions 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 Elundred and F.ighty-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. SIGNED SEALED and DELIVERED bv the *)
abovenamed LAURIE JOHN FERGUSON in L. J. Ferguson r
the presence of: JOHN BYRNE J
AND by the said JOHN CAIN in the presence \ , . • r
of: RORY SHERIDAN J
30785D-39
Act No. 118, 1983.
Border Railways (Amendment). SCHEDULE 2.
(Sec. 5.)
FURTHER AMENDMENTS TO THE PRINCIPAL ACT.
| (1) | (a) Section 8 ( 1 ) — |
Omit "to be constructed by the Government of Victoria under", insert instead "referred to in".
(b) Section 8 (1)—
Omit "the railway so constructed", insert instead "any such railway".
(c) Section 8 (2)—
Omit "constructed under", insert instead "referred to in".
(2) Section 9—
Omit "authorised by the agreement to be constructed by the said
Government", insert instead "referred to in the agreement".
SCHEDULE 3.
(Sec. 5.)
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF STATUTE LAW REVISION.
| (1) Section 3— |
Omit ", but the Governor may, if the Parliament of the State of Victoria has not passed an Act ratifying the agreement and complying therewith before that date by proclamation published in the Gazette, suspend the operation of this Act for such time as he may think fit".
(2) Section 4, definition of '"Victorian Authority"—
After the definition of "The agreement", insert: —
"Victorian Authority" means the State Transport Authority established under
the Transport Act 1983 of Victoria.
Act No. 118, 1983. 6
Border Railways (Amendment).
SCHEDULE 3—continued.
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF STATUTE LAW REVISION—continued.
(3) Section 6—
Omit "Victorian Board of Land and Works", insert instead "Victorian Authority".
(4) Section 8 ( 2 ) — Omit "as amended by subsequent Acts,". (5) (a) Section 9—
Omit "Victorian Railways Commissioners", insert instead "Victorian
Authority".
(b) Section 9—
Omit "said Commissioners", insert instead "Victorian Authority".
(6) (a) Section 10—
Omit "1912, or any Act amending the same", insert instead "1940".
(b) Section 10—
Omit "Victorian Board of Land and Works, or the Victorian Railways
Commissioners", insert instead "Victorian Authority".
(c) Section 10—
Omit "Victorian Board of Land and Works or the Victorian Railways Commissioners", insert instead "Victorian Authority".
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