City and Suburban Electric Railways (Resumption Rescission) Act 1917 (NSW)

CITY AND SUBURBAN RAILWAYS

(RESUMPTION RESCISSION)

ACT.

Act No. 10, 1917.

A n A c t to provide for the rescission of certain resumptions under the City and Suburban Electric Rai lways Act , 1 9 1 5 , and the Syden­ ham to Botany Rai lway Act, 1 9 1 3 ; and for purposes consequent thereon or incidental thereto. [Assented to, 3 r d November, 1 9 1 7 . ]

lat ive Council and Legislat ive Assembly of New South	BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis ­
Wales in Parl iament assembled, and by the authority of the same, as follows :—
1 . This Act may be cited the " C i t y and	Suburban

Ra i lways (Resumption Rescission) Act, 1917."

2 . (1) The Governor, by notification in the Gazette, may rescind in whole or in part any notification of resumption or any taking of land (including easements or r ights) for the purposes of any of the works described in the Schedule to the City and Suburban Electric Ra i l ­ ways Act, 1915, or in the Schedule to the Sydenham to Botany R a i l w a y Act, 1913, except where the land in respect of which rescission is notified as aforesaid, has been actual ly taken possession of and work of construc­ tion has commenced on such land under either of the said Acts.

(2) On the publication of such n o t i f i c a t i o n the

land, and any easements and rights resumed or taken as aforesaid, shall revest in the persons who were entitled to the same at the time of such resumption or tak ing for their estates, interests, or rights at the time of such resumption or taking, but subject to any interests in or equities binding on such land created by the Constructing

Authority

Authority since the resumption or taking; and the land shall he subject to all trusts, obligations, estates, interests, contracts, charges, rates, rights-of-way, or other ease- ments, from which it was freed and discharged by such resumption or taking as if the land, easements, and rights had not been resumed or taken, and shall also be subject to any interests in or equities binding on the compensation moneys created since the resumption or taking.

(3) Any such person or any person claiming through or under him shall be entitled to be com- pensated by the Constructing Authority for any actual loss or damage which he has suffered as a direct con- sequence of the resumption or taking, and its rescission other than compensation in respect of the value of the land. Such compensation may be recovered by action against the Constructing Authority : and such action may be brought, heard, and determined in the same manner and subject to the same conditions, mutatis mutandis, as an action for damage or injury may be brought, heard, and determined under section twelve of the Citv and Suburban Electric llailwavs Act, 1915.