Very Fast Train (Route Investigation) Act 1989 Very Fast Train (Route Investigation) Regulation 1995 (1995-529) [GG No 105 of 1.9.1995] (NSW)

1995—No. 529

VERY FAST TRAIN (ROUTE INVESTIGATION) ACT 1989—

REGULATION

(Very Fast Train (Route Investigation) Regulation 1995)

NEW SOUTH WALES

[Published in Gazette No. 105 of I September 1995]

HIS Excellency the Governor, with the advice of the Executive Council,

and in pursuance of the Very Fast Train (Route Investigation) Act 1989,

has been pleased to make the Regulation set forth hereunder.

MICHAEL EGAN, M.L.C.,

Minister for State Development.

Citation

1. This Regulation may be cited as the Very Fast Train (Route

Investigation) Regulation 1995.

Commencement

2. This Regulation commences on 1 September 1995.

Definitions

3. (1) In this Regulation:

“the Act” means the Very Fast Train (Route Investigation) Act 1989.

(2) In this Regulation, a reference to a Form is a reference to a Form

set out in Schedule 1.

Preliminary notice of intention to enter land

4. (1) For the purposes of section 13 (2) (b) of the Act, written notice

of a person’s intention to enter land is to be in Form 1.

(2) The notice must be served personally or by post on the owner and

each occupier of the land at least 7 days before the land is first entered
under the authority of the permit concerned.

1995—No. 529

(3) Service on the owner of the land may be effected by serving the notice on any person who, according to the records of the local council or any other statutory authority, is liable for a rate or other charge that is or

may become a charge on the land.

(4) If, after reasonable inquiry, the land appears to be unoccupied, service on occupiers of the land may be effected by causing a copy of the notice to be displayed:

(a) on each gate providing access to the land; or

(b) if there is no such gate, in a prominent position on the boundary

of the land nearest to a public road,

for at least 7 days before the land is first entered under the authority of

the permit concerned.

Notice confirming authority to enter land

5. For the purposes of section 16 (2) of the Act, a notice issued by the

holder of a permit and confirming the authority of a person to enter land

is to be in Form 2.

Repeal

6. The Very Fast Train (Route Investigation) Regulation 1989 is

repealed.

SCHEDULE 1—FORMS

Form 1

(Cl. 4)

PRELIMINARY NOTICE OF INTENTION TO ENTER LAND

(Very Fast Train (Route Investigation) Act 1989)

TO: The owner and each occupier of the land described in Schedule 1.

TAKE NOTICE THAT

1. ..................................................................................................................

(here insert name of permit holder)

has been granted Permit No. under the Very Fast Train (Route

Investigation) Act 1989 authorising entry to that land and ......................

...........................................................................................................
(here insert a description of the activities authorised by paragraph (a) or

(b) of section 13 (l) of the Act as appropriate)

1995—No. 529

2. Entry to the land is subject to the conditions set out in Schedule 2.

3. You have 7 days from the service of this notice on you in which you may make mutually convenient arrangements relating to the time and manner of entry.

(In that regard, please contact ............................................................. )

(insert details of representative of permit
holder who can be contacted)

4. A person authorised to enter by the permit is NOT authorised to enter any dwelling or adjacent outhouses or gardens.

5. The Act gives a right of compensation to each owner or occupier of land for any loss or damage suffered in the circumstances set out in section 18 of the Act.

SCHEDULE 1

LAND THAT MAY BE ENTERED

(here insert a full description)

SCHEDULE 2—FORMS

CONDITIONS OF PERMIT RELATING TO ENTRY

(here insert each relevant condition in full)

Form 2

(Cl. 5 )

NOTICE CONFIRMING AUTHORITY TO ENTER LAND

(Very Fast Train (Route Investigation) Act 1989)

THIS NOTICE CONFIRMS THAT ...................................................................

(name of authorised person)

of ..................................................................................................................

(name of company or firm of surveyors, etc.)

whose photograph is shown on this Notice is authorised by Permit No. (which
expires on / / ) granted under the Very Fast Train (Route Investigation) Act
1989 to enter the land described in Schedule 1, but only in accordance with the
conditions of that Permit set out in Schedule 2.

1995—No. 529

Issued by ...................................... on day of 19 .

for ........................................................

(insert name of permit holder)

ATTENTION IS ALSO DRAWN TO THE FOLLOWING:

1.  The person producing this Notice is NOT authorised to enter any dwelling or adjacent outhouses or gardens.

2.  The Act gives a RIGHT OF COMPENSATION to each owner or occupier of land for any loss or damage suffered in the circumstances set out in section 18

of the Act.

SCHEDULE 1

LAND THAT MAY BE ENTERED

(here insert a full description)

SCHEDULE 2

CONDITIONS OF PERMIT RELATING TO ENTRY

(here insert each relevant condition in full)

NOTES

TABLE OF PROVISIONS

1.        Citation

2.        Commencement

3.       Definitions

4.        Preliminary notice of intention to enter land

5.        Notice confirming authority to enter land

6 .       Repeal

SCHEDULE I—FORMS

1995—No. 529

EXPLANATORY NOTE

The object of this Regulation is to repeal and remake, with no changes in substance, the provisions of the Very Fast Train (Route Investigation) Regulation 1989. The new Regulation prescribes matters relating to the giving of notice of intention to enter land, and the confirming of a person’s authority to enter land, for the purposes of the Act.

This Regulation is made under the Very Fast Train (Route Investigation) Act 1989, including section 22 (the general regulation making power) and sections 13 and 16.

This Regulation comprises or relates to matters of a machinery nature.

This Regulation is made in connection with the staged repeal of subordinate

legislation under the Subordinate Legislation Act 1989.