Government Railways (Amendment) Act 1965 (NSW)

GOVERNMENT RAILWAYS (AMENDMENT) ACT.

An Act to vest the title to certain lands and strata of lands and to certain easements occupied or used for the purposes of the City Railway in The Commissioner for Railways; to validate certain matters; for these and other purposes to amend the Government Railways Act, 1912-1964; and for purposes connected therewith. [Assented to, 11th October, 1965.] WHEREAS

Act No. 11 ,1965.

WHEREAS doubts have arisen as to the title of The strata of lands and easements occupied or used for the Commissioner for Railways to certain of the lands	purposes of the work described in the First Schedule to the
City and Suburban Electric Railways Act, 1915-1947.
AND WHEREAS it is desirable that such doubts should be resolved. Be it therefore 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. (1) This Act may be cited as the "Government Railways (Amendment) Act, 1965".
(2) The Government Railways Act, 1912, as amended by subsequent Acts and by this Act, may be cited as the Government Railways Act, 1912-1965.

The Government Railways Act, 1912, as amended by

subsequent Acts, is amended by inserting next after section
12A the following new section : —

2.

12B. (1) In this section : —

"Plan" means the plan numbered 1024-41. 781 A and marked "Plan showing Land Occupied by the Sydney City Railway Tunnels Stations and Approaches to Stations" deposited in the office of The Commissioner for Railways at Sydney and marked with the common seal of the said Commissioner.

"Longitudinal Section" means the longitudinal section numbered 1024-41. 782A and marked "Longitudinal Section Showing Levels of the Strata Occupied by the Sydney City Railway Tunnels Stations and Approaches to Stations" deposited in the office of The Commissioner for Railways at Sydney and marked with the common seal of the said Commissioner.

(2) Those portions of the lands occupied or
used for the purposes of the work described in the First

Schedule to the City and Suburban Electric Railways

Act,

Act, 1915-1947, which comprise the parts of the land shown by green colour on the Plan and Longitudinal Section which are occupied by the sites of the four piers of the railway overbridge in Eddy Avenue, are hereby vested in The Commissioner for Railways for an estate in fee simple.

(3) Those portions of the lands occupied or used for the purposes of the work described in the First Schedule to the City and Suburban Electric Railways Act, 1915-1947, which comprise the parts of the land, other than the parts referred to in subsection two of this section, which are shown by green colour on the Plan and Longitudinal Section and which, being strata, he between the levels indicated in respect thereof on the Longitudinal Section or, where only lower or upper levels are indicated in respect thereof on the Longitudinal Section, lie above or, as the case may be, below the levels so indicated, are hereby vested in The Commis- sioner for Railways in fee simple.

(4) An easement over, across, through or under those portions of the lands occupied or used for the purposes of the work described in the First Schedule to the City and Suburban Electric Railways Act, 1915- 1947, which comprise the parts of the land which are shown by red and yellow colour respectively on the Plan and which, where within strata, lie between the levels indicated in respect thereof or otherwise lie above the levels indicated in respect thereof on the Longi- tudinal Section, is hereby vested in The Commissioner

such powers, functions and rights as are necessary or	for Railways. The easement so vested is an easement conferring all
convenient for the construction, operation and main- tenance of an electric railway and for all purposes connected with or incidental to such construction, operation and maintenance.
(5) No claim, other than a claim for compensa- tion under the City and Suburban Electric Railways Act, 1915, or under that Act as amended from time to time,

shall

shall lie in respect of the occupation or use by The Commissioner for Railways or by any statutory authority which for the time being occupied or used the same for the purposes of that Act, or that Act as so amended, of the lands, strata of lands or easements vested in the said Commissioner by this section, or in respect of such vesting.

(6) The stratum of land occupied for the purposes of the approach to the Sydney Harbour Bridge which is shown by green hatching on the Plan and which lies between the levels indicated in respect thereof on the Longitudinal Section is hereby vested in The Com- missioner for Railways in fee simple.

(7) Where an easement or a stratum is vested in The Commissioner for Railways by or under this section and any dispute arises between The Commissioner and the Council of the City of Sydney or other the person entitled to the surface or subsoil of or to the land through which the easement passes or to any other strata of the land as to their respective rights, powers, interests, liabilities or obligations the matter in dispute shall be referred to the Governor through the Minister, and shall be determined by the Governor or in such manner as the Governor directs.

(8) The title vested by the foregoing provisions of this section shall be supplementary to and in confirma- tion of any other title to the said lands, strata of lands, and easements which The Commissioner for Railways

any other statutory authority which for the time being may have acquired either directly or by succession to	occupied or used the same for the purposes of the City
and Suburban Electric Railways Act, 1915, or of that Act as amended from time to time.