Government Railways (Amendment) Act 1924 (NSW)
GOVERNMENT RAILWAYS
(AMENDMENT) ACT.
Act No. 73, 1924.
An Act to a m e n d t h e G o v e r n m e n t Rai lways Act ,
1912, and ce r ta in o the r Acts ; to au thor i se
t h e Rai lway Commissioners for N e w Sou th
W a l e s to ca r ry on s tores on ra i lway con
s t ruc t i on w o r k s ; t o vest ce r ta in lands in
t h e said Rai lway Commissioners and to
m a k e ce r ta in lands liable to be r a t e d by t h e
Munic ipa l Counci l of S y d n e y ; to enable J a m e s F rase r , E s q u i r e , to c o n t r i b u t e to
t h e G o v e r n m e n t Ra i lways S u p e r a n n u a t i o n
A c c o u n t ; and for purposes connec t ed t h e r e
w i t h . [Assented to , 24 th December , 1924.]
lative Council and Legislative 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 Parliament assembled, and by the authority of the same, as follows :—
Act. Amendments 1 . (1) This Act may be cited as the " Government
Railways (Amendment) Act, li)24."
(2) In this Act the expression " the Principal A c t " means the Government Railways Act, 1912, as subsequently amended.(3) This Act shall be rend with the Principal
Amendments of Principal Act.
2. The Principal Act is amended as follows:—
(i) Section five is repealed and the following section is inserted in place thereof:— 5. (1) The Governor shall from time to time appoint a Chief Railway Commissioner for New South Wales and two Assistant Railway Commissioners for New South "Wales. Before the appointment of an Assistant Railway Com missioner is made the Chief Commissioner shall he invited to report to the Governor with regard to the appointment, and full consideration shall he given to the representations made by the Chief Commissioner.
(2) The Governor may, on the recommen dation of the Chief Commissioner, allot the duties of the Assistant Commissioners respec tively and may, on the like recommendation, vary any such allotment of duties.
(3) Each such Commissioner shall, sub ject to this Act, hold office for seven years from the date on which his appointment takes effect.
(4) On the occurrence of any vacancy in the office of a Commissioner, the Governor shall appoint a person to the vacant office, whose term of office shall he for his predeces
sor's unexpired term of office. (5) All persons appointed under this section shall, at the expiration of their respec tive terms of office, be eligible for re-appoint ment for a like term of seven years.
(6) In case of the illness, suspension, or absence of the Chief Commissioner the Governor may appoint as deputy of the Chief Commissioner any Assistant Commissioner who shall, during such illness, suspension, or absence of the Chief Commissioner, exercise his powers and perform his duties.
(7)
(7) In case of the illness, suspension, or absence of any Assistant Commissioner, the Governor may appoint some person to act as the deputy of such Commissioner during such illness, suspension, or absence, and every person so appointed shall, while so acting, have all the powers and perform all the duties of such Commissioner.
Where an Assistant Commissioner is ap pointed in pursuance of this section to act as deputy of the Chief Commissioner the Governor may appoint a person to be deputy of such Assistant Commissioner whilst so acting.
(8) The Chief Commissioner and each of the Assistant Commissioners may contribute or continue to contribute to the Government Railways Superannuation Fund established under Part IX of this Act, and shall be entitled to receive benefits therefrom as if officers within the meaning of that Part from whose salaries deductions are directed to be made and placed to the credit of that fund.
(ii) Section nine is repealed and the following section is inserted in place thereof : —
9. The Commissioners shall respectively receive the following yearly salaries : —
The Chief Commissioner, five thousand
pounds.
The Assistant Commissioners, two thousand five hundred pounds each.
Such salaries are hereby charged upon the Consolidated Revenue Fund, and such fund to the extent required for the payment of such salaries is hereby permanently appropriated.
(iii) The following new section is added next after section 10c :—•
10D. ( 1 ) There shall be four Area Com missioners who shall be appointed by the Chief Commissioner.
(2)
(2) The Area Commissioners shall, within such areas as may he allotted to them by the Commissioners from time to time, exercise such powers and discharge such duties as the Commissioners may determine.
( 3 ) The Area Commissioners shall
receive such salaries respectively as the Com missioners may from time to time determine, but so that the salary of one of the Area Com missioners shall not exceed one thousand seven hundred and fifty pounds per annum, and the salaries of the other Area Commissioners shall not exceed one thousand live hundred pounds per annum respectively.
(4) Such Area Commissioners shall he officers within the meaning of this Act, but their appointment shall not be subject to the provisions of sections seventy-one, seventy- two, seventy-three, seventy-four, seventy-five, seventy-six, and seventy-seven.
(iv) Paragraph (d) of section three is amended by inserting after the word " u n d e r " the words " section five of."
3 . James Eraser, Esquire, shall be entitled to continue bis contributions to the Government Railways Superannuation Account as from the fourth day of April, one thousand nine hundred and fourteen, when he ceased to contribute to the same, and shall there upon be entitled to all the benefits therefrom to which
| continued without interruption. | he would have been entitled had his contributions |
| All arrears of such contributions shall be paid by the said James Eraser, Esquire, to the said account within twelve months from the date of the commencement of this Act. |
4 . The Principal Act is further amended as follows :—
(i) By adding next after section twelve the fol lowing new section :— 12A. (1) All lands resumed or acquired for the purpose of the works authorised by the City and Suburban Electric Railway Act, 1915,
are
are hereby transferred to and vested in the Commissioners for all the estate and interest for which the same were prior to the passing of this Act vested in the Secretary for Public Works as Constructing Authority.
(2) Where any of the said lands are leased to any person the same shall be ratable under the Sydney Corporation Act, 1902, and Acts amending the same.
(ii) (a) by omitting paragraph (a) of the proviso to subsection one of section 20B and by inserting the following new paragraph in place thereof:—
(a) The following section is inserted after section four of the said. Act:—• 4A , (1) The provisions of this Act relating to the acquisition of land shall, whether such easement or right is acquired separately from or together with any land, also apply to the acquisition of an casement or right—
(a)
to use in any manner, for the construction and maintenance of works, the surface of land, and without limiting the generality of the foregoing purpose to use
the surface—•
(i) for canals, drainage, orstorm-
water channels; or(ii) for the erection and main tenance of wires or cables for the transmission of elec tricity and the erection of the necessary supports there for ; or
(iii) for the construction and
maintenance of manholes or ventilators ;
(b)
(b)
to use in any manner for the construction and maintenance of works the subsoil or undersurface of land, and without limiting the generality of the foregoing purpose to use any of the strata beneath the surface;—
(i) for tunnels or pipes for the
conveyance of water or sewage ; or
(ii) for tunnels or conduits for electric wires or cables.
(2) Where an easement or right to use the surface of land is acquired the easement or right shall be deemed to include a power, from time to time as occasion may require, to enter upon the land for the purpose of inspection and for carrying out of any additions, renewals, or repairs.
(3) Where an easement or right to use the subsoil or undersurface of land is acquired, no compensation shall be payable except for actual damage done in the construction of the work or occasioned thereby ;
(b) by omitting paragraph (c) of the same
proviso and by inserting the following new paragraph in place thereof :—•
(c) Section one hundred and thirty-eight is amended by adding thereto the following proviso :— Provided that where an easement or right to use the surface or the sub soil or undersurface of any land is taken, the easement or right shall not bo deemed part of a house or other building or manufactory.
(iii)
(iii) By adding next after section forty-one the following new section : —
41A. Any person authorised by the Commis sioners or by the Under Secretary for Public Works may enter any land with any assistants and any horses and vehicles, and do therein such things as may be necessary for the purpose of making surveys and taking levels in relation to land proposed to be acquired, or works pro posed to be constructed, and staking and setting out such surveys.
In the exercise of such powers such persons shall do as little damage as possible, and, if required, compensation shall be paid to the owner and occupier of the land for any damage caused by such persons to the owner and occupier respectively.
5 . The Principal Act is further amended as
follows :—
(i) The following new section is inserted next after section 20B :—
20c. (1) The Commissioners may, in con nection with the construction of any lines of railway, carry on stores for the supply of goods to the workmen and other persons engaged upon such work.
(2) Notwithstanding anything to the
contrary contained in any Act, all sums of
money due by such persons to the Commis
sioners for goods supplied by them may be deducted from the wages or salaries of such
persons.(ii) Section sixty-five is repealed and the follow ing new section inserted in place thereof:—
65. Such by-laws shall—
(i)
if approved by the Governor, be published in the Gazette ;
(ii)
take effect from three clear days after the date of publication, or from a later date to be specified in such by-laws; and
(iii)
(iii) be laid before both Houses of Parlia ment within fourteen sitting' days after publication if Parliament is in session, and if not, then within fourteen sitting days after the com mencement of the next session.
If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after such by laws have been laid before such House disallowing any by-law or part thereof, such by-law or part shall therefrom cease to have effect.
(iii) Section one hundred and two is amended by omitting all words after paragraph (i) and by inserting the following new paragraph and subsection :—•
(j)
for carrying into effect any provision of this Act.
(2) Such regulations shall—
(i) if confirmed by the Governor be published in the Gazette;
(ii) take effect from seven clear days after the date of publication, or from a later date to be specified in such regulations; and
(iii) be laid before both Houses of Parlia
session, and if not, then within ment within fourteen sitting days after publication if Parliament is in fourteen sitting days after the com
mencement of the next session.If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall therefrom cease to have effect. (iv)
(iv) Section one is amended as follows:—
(a)
By omitting the figures " 41 " •wherever occurring and hy in- serting in lieu thereof the figures
and letter " 4 1 A " ;
(h) hy omitting the figures and letter ' • 1 0 c " and hy inserting in lieu thereof the figures and letter " 10i) " ; (c) hy omitting the figures and letter " 2 0 B " and hy inserting in lieu
thereof the figures and letter
" 20c."
0
0
0