Cobar to Wilcannia Railway (Repeal) Act 1964 (NSW)

COBAR TO WILCANNIA RAILWAY (REPEAL)

ACT.

Act No. 41, 1964.

An Act to repeal the Cobar to Wilcannia Railway Act, 1902; to make provision, consequent upon such repeal, for the rescission of certain resump- tions and the payment of compensation; to vest certain resumed lands in the Council of the Shire of Cobar; and for purposes connected therewith. [Assented to, 27th November, 1964.]

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: —
1. This Act may be cited as the "Cobar to Wilcannia Railway (Repeal) Act, 1964."

2. T h e C o b a r to Wi lcannia Ra i lway Act , 1902 , is hereby

repea led .

3 . ( 1 ) T h e Governor may , by notification publ ished in

the Gaze t te , rescind, in whole or in par t , any notification of r e sumpt ion or any taking of land for the purposes of the works described in the Schedule to the C o b a r to Wi lcannia

Ra i lway Act , 1 9 0 2 .

I n this subsection " l a n d " does not inc lude land in respect of the resumpt ion or taking of which compensa t ion has been pa id nor l and vested pu r suan t to section four of this Act .

( 2 ) U p o n the publ ica t ion of any such notification of

rescission, the l and descr ibed in such notification shall revest in the person who was entit led thereto immedia te ly before the resumpt ion or taking for his estate, interest o r r ight in the same immedia te ly before such resumpt ion or taking bu t subject to any interest in or equi ty b inding u p o n such land c rea ted by the Const ruct ing Author i ty since such resumpt ion or t a k i n g ; and the land shall be subject to all trusts, obliga­ t ions, estates, interests, cont rac ts , charges , ra tes , rights-of-way or o ther easements from which it was freed and discharged by such resumpt ion or taking as if t he land h a d no t been resumed or t aken a n d shall also be subject to any interest in or equities b ind ing on the compensa t ion moneys created s ince the resumpt ion or taking.

( 3 ) T h e person in w h o m any land is revested unde r

this section shall be entit led to be compensa ted by the Con­
st ruct ing Author i ty for any loss or d a m a g e actually suffered
by such person as a direct consequence of the resumpt ion or
t ak ing a n d its rescission bu t shall no t be enti t led to be
compensa ted in respect of the value of the land .

1. ( 1 ) Subject to subsection two of this section, all l and

s i tuated within the boundar ies of the Shire of Cobar , as const i tu ted at the c o m m e n c e m e n t of this Act , which was re sumed or taken for the purposes of the C o b a r to Wi lcann ia R a i l w a y Act , 1 9 0 2 , from the counci l of any municipal i ty or

shire

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shire is he reby vested in the Counci l of the Shire of Coba r in all respects as if it h a d been land resumed or t aken from the Counci l of the Shire of C o b a r for the purposes of that A c t and revested subject to the like condi t ions as land revested in acco rdance wi th subsect ion two of section three of this Ac t .

( 2 ) N o counci l of any munic ipal i ty or shire ( including

the Counci l of the Shire of C o b a r ) shall b e enti t led to any compensa t ion which bu t for this subsect ion would have been payable , whe ther unde r this A c t o r otherwise, in respect of any resumpt ion or tak ing of the l and vested by this section

or any entry thereon by the Const ruc t ing Author i ty .

5. ( 1 ) U p o n the lodgment wi th the Regis t ra r -Genera l of

a copy of a notification in the Gazet te rescinding in whole o r in pa r t pu r suan t to this A c t any notification of the resump­

t ion or tak ing of land, the Regis t ra r -Genera l sha l l—

(a)	cancel any entry or notification in the register book
m a d e by h im p u r s u a n t to section 4 6 A of the R e a l
P rope r ty Ac t , 1900 , as a m e n d e d by subsequent
A c t s ; and
(b)	cancel any certificate of title issued to the Construct­
ing Au thor i ty p u r s u a n t to section 3 1 A of the R e a l
P rope r ty Ac t , 1900 , as a m e n d e d by subsequent

Ac ts ,

in so far as it relates to land the notification of the resumpt ion

or the tak ing of which has been so rescinded.

(2 ) T h e provisions of subsect ion one of this section

shall apply in re la t ion to land vested pu r suan t to section four of this A c t as if it were l and in respect of which a copy of a notification of rescission of r esumpt ion or tak ing h a d been lodged pu r suan t to that subsect ion.

( 3 ) F o r the purpose of any deal ing wi th l and in respect of which an entry or notification has been cancel led pu r suan t to this section the entry or notification so cancelled shall be deemed never to have been m a d e .

6. Any claim for compensation arising under this Act shall be heard and determined in like manner and subject to the like conditions as a claim for compensation by reason of the acquisition of land under the Public Works Act, 1912, as amended by subsequent Acts, and the provisions of the Land and Valuation Court Act, 1921, as amended by subsequent Acts, shall, mutatis mutandis, apply to and in respect of the hearing and determination of any such claim.

7. Any land resumed or taken for the purposes of the works described in the Schedule to the Cobar to Wilcannia Railway Act, 1902, which is not revested within a period of three months after the commencement of this Act or vested by section four of this Act may be dealt with as superfluous lands under the Public Works Act, 1912, as amended by subsequent Acts.