Railways Act Amendment Act 1971 (Qld)

346 ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 23 of 1971 An Act to Amend the Railways Act 1914-1970 in a certain particular [AssENTED To 21sT Arm, 1971] BE IT ENACTED by the Queen ' s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . ( 1) This Act may be cited as the Railways Act Amendment Act 1971. (2) The Railways Act 1914-1970 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Railways Act 1914-1971.

Railways Act Amendment Act 1971, No. 23 347 2. New s. 75B. After section 75A of the Principal Act, the following section is inserted:- " 75B. Agreement for extension of certain roads through or over lands of Commissioner . (1) The Commissioner may, with the approval of the Governor in Council and subject to such terms, provisions and conditions as the Governor in Council deems fit, grant to Brisbane City Council, the corporation constituted by the City of Brisbane Act1924-1969, permission- (a) to construct, use, maintain, continue, repair, renew and operate a roadway as an extension of Turbot Street in the City of Brisbane from Edward Street to Wickham Terrace by means of a viaduct structure; and (b) to construct, use, maintain, continue, repair, renew and operate a road and new over-bridge from Ann Street to Wickham Terrace, over and across certain lands of the Commissioner in the City of Brisbane (being the lands more particularly described in Schedule A to this section) in the location delineated by broken lines and shown on the plan contained in Schedule B to this section which works together with all works associated therewith are hereinafter in this section referred to as the " said works ". (2) Brisbane City Council thereunto permitted under subsection (1) of this section may under, subject to and in compliance in every respect with the terms, provisions and conditions of the grant of permission construct and thereafter at all times during the continuance in force of the grant of permission use, maintain, continue, repair, renew and operate the said works over and across the lands specified in Schedule A to this section in the location specified in the grant of permission. (3) _The said works, upon the completion of the construction thereof by Brisbane City Council in accordance with the terms, provisions and conditions of the permission granted under subsection (1) of this section, shall be used for the passing and repassing of vehicles as defined by subsection (1) of section 9 of the Traffic Act1949-1969 and pedestrians and for no other purposes. (4) If at any time Brisbane City Council discontinues the use of the said works or any part of them for the purposes specified in subsection (3) of this section then, as against the Commissioner, dedication by the Commissioner of any of the lands over and across which the said works are or were constructed for use as a road shall not be presumed by reason only of continued user for whatever period of the said works by the public for the purposes specified in that subsection or any of those purposes. (5) The grant of permission under subsection (1) of this section shall not derogate from -the right of the Commissioner to use the lands specified in Schedule A to this section and the air-space above those lands (including the air-space above the works) other than- (a) those parts of the lands upon which rest any piers or abutments of the viaduct structure or overbridge or any roadway of the said works;

348 Railways Act Amendment Act 1971, No. 23 (b) the air-space occupied by any of the said works; and (c) the air-space over and above the said works to a height of eighteen feet above the nearest surface of the roadway thereof, for any purpose for which the Commissioner might have used those lands and air-space if such permission had not been granted. (6) The Commissioner and any officer or employee of the Commissioner shall not be subject to any duty, obligation, liability or responsibility whatsoever in respect of the said works or the use and operation of the said works for the purpose specified in subsection (3) of this section or any of those purposes and any duty, obligation, liability or responsibility which but for this subsection would have been a duty, obligation, liability or responsibility of the Commissioner or any officer or employee of the Commissioner shall be a duty, obligation, liability or responsibility of Brisbane City Council. (7) From such time as, with the consent of Brisbane City Council, use of the said works for the purposes specified in subsection (3) of this section or any of those purposes commences and for so long as such use continues the said works shall be deemed- (a) to be a road under the control of Brisbane City Council; (b) to be a road for the purposes of the Traffic Act1949-1969 and any other Act relating to the use of vehicles on a road, but nothing in this subsection shall prejudice or affect, or in any way derogate from, the terms, provisions and conditions subject to which any permission is granted under subsection (1) of this section. (8) The provisions of this section shall, with all necessary adaptations and subject to such modifications as the Governor in Council may prescribe in respect of a particular grant of permission, apply to any other grant by the Commissioner to Brisbane City Council or any other Local Authority of permission to construct and extend or construct or extend a road over or across lands of the Commissioner and without limiting the generality of this subsection the provisions of subsections (1) to (7) (both inclusive) of this section shall be read as if- (a) a reference to " Brisbane City Council " were a reference to " the Local Authority (being the applicant for a grant) to whom the grant of permission is made "; (b) a reference to " lands more particularly described in Schedule A to this section " were a reference to " lands approved by the Governor in Council and particularly described in a Schedule to the grant of permission in question "; and (c) a reference to the " location delineated by broken lines and shown on the plan contained in Schedule B to this section " were a reference to the " location approved by the Governor in Council and appropriately delineated, described or shown on a plan annexed to the grant in question.

Railways Act Amendment Act 1971, N o. 23 349 SCHEDULE A The lands in the City of Brisbane vested in the Commissioner more particularly described as Portion 457, County of Stanley, Parish of North Brisbane , containing 2 acres 3 roods 9.4 perches being the whole of the land described in Deed of Grant No . 140035 , Volume 3332 , Folio 45, Portion 507 containing 3 acres 1 rood 0 perches being the whole of the land described in Deed of Grant, Volume 4385 , Folio 53 , Reserve for Railway Purposes R. 1046 , Portion 355 containing 24.88 perches, Sub. A of Allotment 2 of Section 27A containing 3 roods 21 - 2 perches being the whole of the land described in C/T 107777, Volume 699, Folio 17, Sub. B of Allotment 2 of Section 27A containing 15.8 perches and being part of the land described in Deed of Grant No . 7493, Volume 29, Folio 4.

350 Railways Act Amendment Act 1971, No. 23 Scin> B ®11 Chains z z QUEENSLAND RAILWAYS CHIEF ENGINEER'S BRANCH PLAN 512409 TURBOT STREET EXTENSION EDWARD ST ANN ST. and WICKHAM TCE. ROAD and NEW OVERBRIDGE as