Railways Act 1878 amendment (1892) (WA)

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ANNO QUINQUAGESIMO QUINTO

VICTORIA] REGINA,.

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No. XXXIV.

AN ACT to further amend " The Railways

Act, 1878."

[Assented to, iSth March, tg92.]

HEREAS doubts have arisen whether, under the provisions

WPrincipal Act"), the Commissioner of Railways is authorised to enter of " The Railways Act, 1875 " (hereinafter called "The Preamble.

upon and take, compulsorily, at any time, such land as he may judge to be necessary or convenient for the purposes of the Railway: And whereas it is expedient to settle such doubts, and to amend the said Act in other respects : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Coimcil and Legislative Assembly of Western Aus- tralia, in this . present Parliament assembled, and by the authority of the same, as follows:—

1. (i.) THE power conferred upon the Commissioner, by the twelfth section of the Principal Act, to enter upon and take	Extension of power
to take lands.
lands, may be exercised by him, from time to time and at any time, whether before, during, or after the construction of the railway or any part thereof, and such power shall extend to the taking of lands in addition to any lands at any time previously taken.

55" VICTORI}E, No. 34.

Railways Act—Amendment.

(2.) Notwithstanding anything contained in the Principal Act, in estimating the compensation to be paid in respect of any lands taken at any time after the public opening of the railway, and the damage (if any) sustained by the owner thereof, such owner shall be entitled to the increased value (if any), arising from the establish- ment of the railway, of the lands taken, severed, or injuriously affected.

2.      THE thirteenth section of the Principal Act shall be read

Amendment of s. 13

of Principal Act. as if the word " proposed," in the 9th line, were omitted therefrom.

ANYTHING heretofore done or purporting to have been done by the Commissioner, under the powers conferred by the Principal Act, or by any other authority, shall be deemed to have been duly and lawfully done if the same could have been lawfully done under the authority of this Act.

3.

Confirmation of past

acts.

WHOSOEVER shall drive or attempt to drive any vehicle, be on any railway line when an engine is approaching and within a distance of a quarter of a mile of such engine, shall, on conviction before any two or more Justices of the Peace, forfeit and pay any sum not exceeding Twenty pounds, and in default of payment may be imprisoned, with or without hard labor, for any term not exceed- ing six calendar months, unless the said penalty be sooner paid. Provided that it shall be a sufficient defence to any charge under this section if it shall be made to appear to the Justices that the approaching engine could not readily have been seen, nor its approach heard, by the person charged. Any information or com- plaint under this section may be exhibited or made by any person.

4.

Penalty for cross-	machines, or animal across, or shall cross or attempt to cross, or shall
approaching train.

ing, &c., line before

THE word " Railway," in this and the Principal Act, and in railway is made, and all lands taken or resumed for the purpose of the railway, together with all buildings and erections of every kind thereon.

5.

Defi,	tion of "Rail- all Acts amending the same, shall include the land upon which the
way.

Jetties, wharves, 6.

ALL jetties, piers, wharves, and landing places, not being the property of any private person, which shall be used in connec- tion with a railway, shall be deemed to form part of such railway ; and the working and use of any such jetty, pier, wharf, or landing place shall be under the sole direction and management of the Commissioner of Railways.

&c., part of railway.

7.      WHENEVER a railway is to be constructed under the

Commissioner may

occupy lands	provisions of any Special Act, the Commissioner may enter upon
required for	any land lying within the limits of any authorised deviation, on
railway.
construction of	either side of the line, shown on the map referred to in the Special

55° VICTORII-E, No. 34.

Railways Act—Amendment.

Act, and which is required to be occupied for the construction of the railway, and do all things thereon which he is empowered to do for the construction of the railway, without being deemed to commit any trespass thereby.

9. THE Commissioner of Railways may agree with any person Commissioner may

or company for the construction, working, and maintenance by the	agree for construc-
Commissioner of a siding in connection with any railway within the	t/On, &c., of sidings.
limits of the Railway, subject to the following conditions :—

(l.) Such siding shall be deemed to be part of the railway, and shall be worked subject to any regulations for the time being in force in respect to the railway or such part thereof.

( 2 .) In default of payment by such person or company of any moneys payable under such agreement, the Commissioner may at any time close the connection of such siding with the railway until such payment is made, and no compensation shall be payable to any person or company whatever for any loss or damage arising from the connection being so closed.

THE Commissioner may, at any time after giving three months notice of such intention by publication in the Government	Commissioner may
close existing and
Gazette, close the connection of any siding now existing or hereafter	future sidings.
to be constructed in connection with any railway, and no compen- sation shall be payable to any person whatever for any loss or damage arising from such connection being so closed.

9.

BEFORE the second reading of any Special Act, in the Legislative Assembly or in the Legislative Council, a copy of the map

Copy of map re-

ferred to in Special

Act to be laid on

referred to in such Act, showing the line of the proposed railway,

the Table, signe

shall be laid upon the Table of the House, and if such Act 'be

recorded in

Supreme Court

passed by both Houses the said copy map shall be signed, for the

Office.

purpose of identification, by the Clerk of the Parliaments, and lodged by him for record and public inspection, free of charge, at the office of the Supreme Court ; and such copy shall be thereafter admitted in all courts of law and elsewhere as evidence of the line authorised by the said Special Act. The original of such map deposited in the office of the Commissioner of Railways shall also be available for public inspection, free of charge, at all reasonable times. The provisions of this section as to the signing and recording by the Clerk of the Parliaments, and the public inspection of any copy map, and its admissibility as evidence, and also as to the public inspection of any original map, shall apply in the case of the Special Acts passed during the last and the present Session of Parliament.

10.

55° VICTORLE, No. 34.

Railways Act—Amendment.

Power to make 11. IN addition to the regulations authorised to be made by the

additional	Commissioner, under any of the Railway Acts, he may from time to
regulations.	time make regulations

(a.) Fixing the rental to be paid for sidings in connection

with any railway;

(b.) For regulating the use of sidings, and the making and

granting of applications therefor ;

(c.) For organising, classifying, and paying the staff in

connection with all or any Government Railways.

12. THE powers conferred upon the Commissioner of Railways

Limitation of	by this Act shall be limited to railways owned by or worked by the
power.
Government.

13. THIS Act shall be incorporated and read with the

Incorporation. Principal Act as one Act.

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Administrator.

By Authority : RICHARD PETHER, Government Printer, Perth.