Seat of Government Railway Act 1928

SEAT OF GOVERNMENT RAILWAY.

No. 40 of 1928.

An Act relating to the Seat of Government Railway.

[Assented to 26th September, 1928.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Seat of Government Railway Act 1928.

Definitions.

2. In this Act, unless the contrary intention appears—

“the Commissioner” means the Commonwealth Railways Commissioner appointed under the Commonwealth Railways Act 1917–1925;

“the Federal Capital Commission” means the Commission constituted in pursuance of the Seat of Government (Administration) Act 1924–1926;

“the Railway” means the Seat of Government Railway, the route of which is described in the Schedules to this Act, and includes all sidings and other lines of the Railway situated on the land described in those Schedules.

Occupation and use of land for railway purposes.

3.—(1.) The Commissioner may occupy and shall have the exclusive use, for railway purposes, for such period as he thinks necessary, of the land described in the Schedules to this Act.

(2.) The Federal Capital Commission may grant to the Commissioner the right to the exclusive use of any other lands vested in the Commission which the Commissioner certifies to be required for the purposes of the railway.

(3.) Where any land which has been occupied and used by the Commissioner in pursuance of sub-section (1.) of this section, or the right to use which has been granted to the Commissioner in pursuance of sub-section (2.) of this section, is no longer required for railway purposes, the Commissioner shall certify accordingly in writing, and, upon the publication of that certificate in the Gazette possession of the land described in the certificate shall be delivered to the Federal Capital Commission.

Railway, &c., to vest in Commonwealth Railways Commissioner.

4.—(1.) There shall be vested absolutely in the Commissioner—

(a) the Railway and all rolling-stock belonging to the Commonwealth in connexion with the Railway, but not including the land described in the Schedules to this Act;

(b) all stations, yards and buildings situated on the land described in the Schedules to this Act and connected or used in connexion with the Railway; and

(c) all wires, instruments, and other telegraphic or telephonic apparatus (not being the property of the Postmaster-General) used in connexion with the Railway.

(2.) The Commissioner may, at any time while any land is occupied or used by him in pursuance of the last preceding sub-section, remove therefrom any property vested in him in pursuance of this section.

Application of Commonwealth Railways Act 1917–1925.

5. The Commissioner shall have, in relation to the Railway, all the powers and functions vested in him under the Commonwealth Railways Act 1917–1925 and that Act shall apply in relation to the

Railway and other property vested in the Commissioner in pursuance of this Act as if the Railway and other property had been vested in him in pursuance of the Commonwealth Railways Act 1917–1925.

THE SCHEDULES.

THE FIRST SCHEDULE.

Description.

All that piece or parcel of land situate in the Territory for the Seat of Government described hereunder. Commencing at survey station W.14 of the survey of the boundary between the State of New South Wales and the Territory for the Seat of Government adjacent the junction of the Goulburn—Cooma Railway line with the Queanbeyan-Canberra Railway line near the Town of Queanbeyan and bounded partly on the South by such boundary being lines bearing:—

thence on the south-west generally by lines bearing:—

The First Schedule—continued.

to a point on the arc of a circle of 62.12 links radius the centre of which lies to the North West thence by 137.64 links of that arc having a chord bearing 220° 30' 50" for 111.17 links thence by lines bearing 283° 59' 20"—405.08 links and 244° 41' 00"—290.97 links to the North East side of Wentworth-avenue, thence on the South West by that Avenue bearing 334° 41' 00"—1,818.18 links to the South East side of Dawes street, thence on the North West by that street bearing 64° 41' 00"—42.42 links, thence on the North East by lines bearing 154° 41' 00"—757.57 links and 148° 59' 00"— 152.27 links to the South East side of Cunningham-street, thence on the North West by that street bearing 64° 41' 00"—641.85 links and 97° 37' 00"—173.81 links, thence on the West by lines bearing—

thence on the North West by a line bearing 64° 41' 00"—1,165.99 links to the Western side of the Causeway, thence on the East generally by that Causeway bearing 187° 37' 00"—363.68 links, thence by lines bearing—

to the South side of Cunningham-street, thence by that street bearing 97° 37' 00"—456.53 links to the Western side of The Causeway, thence by that Causeway bearing 187° 37' 00"—454.54 links and thence on the North East generally by lines bearing—

to the point of commencement