River Entrance Docks Railway Construction Act 1970 (Vic)

Version No. 001

River Entrance Docks Railway Construction Act 1970

Act No. 8009/1970

Version incorporating amendments as at 21 February 2001

TABLE OF PROVISIONS

Section  Page

1.Short title

2.Definitions

3.Power to Authority to construct railway

4.Repealed

5.Power to take lands required for railways

6.Incorporation of Lands Compensation Act 1958

7.Extent of liability in relation to fences

8.Laws, by-laws etc. to be in force

9.Audit Act and Land Acts not affected

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SCHEDULE—River Entrance Docks Railway

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

River Entrance Docks Railway Construction Act 1970

Act No. 8009/1970

Version incorporating amendments as at 21 February 2001

An Act to authorize the Construction of a Line of Railway to connect Melbourne with the Docks at the Mouth of the Yarra River and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1.Short title

This Act may be cited as the River Entrance Docks Railway Construction Act 1970.

2.Definitions

In this Act unless inconsistent with the context or subject-matter—

"Authority" means the "State Transport Authority";

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"land" includes all real estate messuages lands tenements and hereditaments of any tenure and easements rights and privileges over in or affecting land.

3.Power to Authority to construct railway

(1)The Authority may make and construct the following railway and all proper works and conveniences in connexion therewith:

A one thousand six hundred millimetres gauge railway commencing at or near the junction of Pigott Street and Footscray Road on the railway connexion to North Wharf from the Melbourne Goods Yard and terminating at or near the boundary of lands in the vicinity of the mouth of the Yarra River which are vested in or under the control of the Port of Melbourne Authority and on which are situated certain docks in the line and upon the lands described in the Schedule to this Act, to be called the River Entrance Docks Railway.

(2)It shall be lawful to deviate from the line of the said railway on either side thereof at any part thereof; and in consequence of such deviation the said line may be increased in length to an extent of not more than one-tenth of the length of the line as shown in the said Schedule.

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5.Power to take lands required for railways

(1)The Authority may take and use, and acquire by agreement or compulsorily, any land which appears to the Authority to be required for the construction of the railway works and conveniences authorized by this Act.

(2)For the purposes of this Act the Authority may close divert take and use any road or portion of a road.

(3)In the exercise of the powers granted by this Act the Authority and other persons shall do as little damage as may be.

6.Incorporation of Lands Compensation Act 1958

(1)The Lands Compensation Act 1958 is hereby incorporated with this Act and shall be construed together herewith as one Act and subject to this Act shall take effect with regard to the acquisition or use of land for the purpose of the construction of the railway works and conveniences authorized by this Act and with regard to the making of compensation to all persons interested in any lands or hereditaments to be acquired for or used in connexion with or injured or prejudicially affected by such works or by other land of the same person being severed therefrom.

(2)In the construction of the Lands Compensation Act 1958 for the purposes of this section unless inconsistent with the context or subject-matter—

"the Minister of Public Works" or "Minister" means the Authority;

"the Special Act" means this Act.

7.Extent of liability in relation to fences

(1)In the construction of the said line of railway, the Authority shall erect on the said line of railway such dividing and other fences as it deems necessary.

(2)Notwithstanding anything to the contrary in any Act, the Authority shall not—

(a)be liable to maintain, or contribute to the maintenance of, any such fences once erected; or

(b)be liable for any damage which may be caused by reason of any portion of the said line of railway not being fenced in or fenced off.

(3)Notwithstanding anything to the contrary in any Act, the Authority shall not—

(a)be liable to erect or maintain, or contribute to the erection or maintenance of, any dividing or other fence on the said line of railway; or

(b)be liable for any damage which may be caused by reason of any portion of the said line of railway not being fenced in or fenced off.

8.Laws, by-laws etc. to be in force

All laws by-laws regulations and conditions for the time being in force on the railways vested in the Authority shall so far as the same are capable of being applied be in force on the railway authorized by this Act to be constructed.

9.Audit Act and Land Acts not affected

Nothing in this Act shall affect or in any manner alter or vary any of the provisions of the Audit Act 1958 or of any Acts relating to Crown lands.

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SCHEDULE

RIVER ENTRANCE DOCKS RAILWAY

Commencing on or near Footscray Road on the railway connexion to North Wharf from the Melbourne Goods Yard in the Parish of Melbourne North and proceeding thence for about 5×7 kilometres, passing in a southerly direction along the Charles Grimes Bridge northern approach road, thence passing over the Yarra River, thence passing in a westerly direction along Lorimer Street, thence in a southerly direction along Todd Road, thence in a south westerly direction terminating at the boundary of the lands vested in or under the control of the Port of Melbourne Authority and on which certain docks are situated and certain other docks and certain facilities for the handling of cargo are proposed to be constructed in the Parish of Melbourne South.

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ENDNOTES

1.     General Information

The River Entrance Docks Railway Construction Act 1970 was assented to on 24 November 1970 and came into operation on 24 November 1970.

2.     Table of Amendments

This Version incorporates amendments made to the River Entrance Docks Railway Construction Act 1970 by Acts and subordinate instruments.

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River Entrance Docks Railway Construction (Amendment) Act 1982, No. 9832/1982

Assent Date:	21.12.82
Commencement Date:	21.12.82: s. 1(2)
Current State:	All of Act in operation

Transport Act 1983, No. 9921/1983

Assent Date:	23.6.83
Commencement Date:	S. 255(Sch. 12) on 1.7.83: s. 1(2)(c)
Current State:	This information relates only to the provision/s amending the River Entrance Docks Railway Construction Act 1970

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3.     Explanatory Details

No entries at date of publication.