Government Railways (Amendment) Act 1952 (NSW)

GOVERNMENT RAILWAYS (AMENDMENT) ACT.

Act No. 59, 1952.

An Act to amend the Government Railways Acts, 1912-1951, in certain respects; and for purposes connected therewith. [Assented to, 4th December, 1952.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis-	lative Council and Legislative Assembly of New South
Wales in Parliament assembled, and by the authority of the same, as follows:—•
1 . (1) This Act may be cited as the "Government Eailways (Amendment) Act, 1952".
(2) The Government Eailways Act, 1912, as amended by subsequent Acts and by this Act, may b©
cited as the Government Eailways Act, 1912-1952.

2. The Government Bail-ways Act, 1912, as
amended by subsequent Acts, is amended by inserting
next after section 20B the following new section:—

20BB. (1) The Governor may, by notification in the Gazette, rescind in whole or in part any notification of resumption or any taking of land (including easements or rights) made for the purposes of any works in respect of which the Commissioner for Railways is the Constructing Authority within the meaning of the Public Works Act, 1912, as amended by subsequent Acts.

(2) Upon the publication of any notifica­ tion of rescission the land described in such notification shall revest in the person who was entitled thereto immediately before the resump­ tion or taking for his estate, interest or right immediately before such resumption or taking, but subject to any interest in or equity binding upon such land created by the Constructing Authority since such resumption or taking; and the land shall be subject to all trusts, obligations, estates, interests, contracts, charges, rates, rights-of-way or other easements from which it was freed and discharged by such resumption or taking as if the land 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) On the lodgment with the Registrar-

rescinding a notification of resumption or taking

General of a copy of a notification in the Gazette

of land under the provisions of the Real Property Act, 1900, as amended by subsequent Acts, the Registrar-General shall cancel any entry or notification in the register book made by him pursuant to section 46A of the Real Property Act, 1900, as so amended, in so far as it relates to the land the notification of the resumption or taking of which has been rescinded, and for the purpose of any dealing with such land the entry

or

or notification made pursuant to section 46A of the Keal Property Act, 1900, as so amended, shall be deemed never to have been made.

(4) The person in whom any land is revested under this section shall be entitled to be compensated by the Constructing Authority for any loss or damage actually suffered by him as a direct consequence of the resumption or taking and its rescission other than compensation iu respect of the value of the land.

(5) Any claim for compensation arising under this section 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, and the provisions of the Land and Valua- tion 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.