Border Railways Act 1922

This Act may be cited as the Border Railways Act 1922.

This Act shall bind the Crown.

This Act shall come into force on the first day of January, one thousand nine hundred and twenty-three.

In this Act, unless inconsistent with the context or subject matter:

Land includes Crown lands and buildings, messuages, tenements and hereditaments of any tenure and any easement, right or privilege in, over, or affecting any land.

The agreement means the agreement, a copy of which is set out in Schedule 1, as amended by the agreement a copy of which is set out in Schedule 2.

Victorian Authority means the State Transport Authority established under the Transport Act 1983 of Victoria.

Subject to this Act, the agreement a copy of which is set out in Schedule 1 is hereby ratified and approved and shall take effect on the coming into force of this Act, and all matters and things agreed to be done by or on behalf of the Government of New South Wales are hereby sanctioned and authorised.

The agreement a copy of which is set out in Schedule 2 is hereby ratified and approved.

The Government of the State of Victoria is hereby authorised and empowered to construct and maintain the railways and other works in New South Wales which by the agreement are to be constructed by that State, and also such of the bridges over the River Murray and the approaches thereto as by subsequent agreement in accordance with the agreement fall to be constructed by that State, and such railways, works, bridges, and approaches may be constructed notwithstanding the provisions of the Public Works Act 1912 or any other Act, and in respect thereof the Constructing Authority shall be the Victorian Authority, which shall have all the powers of a Constructing Authority under the Public Works Act 1912. The railways, works, bridges, and approaches mentioned in the agreement shall be deemed to be “authorised works” within the meaning of the Public Works Act 1912.

The Secretary for Public Works is empowered to agree as to who should be the Constructing Authority to construct the bridges and approaches mentioned in clauses one, thirteen, and twenty-three of the agreement; and in the event of it being agreed that the Secretary for Public Works should be the Constructing Authority of one or more of such bridges and approaches, the carrying out of the work of constructing the said bridges and approaches is hereby sanctioned, and the said Secretary is empowered to carry out the said works.

The Governor may resume or acquire, subject to the provisions of the Public Works Act 1912, any land required in New South Wales for or incidental to any railway referred to in the agreement, and for that purpose the Minister for Public Works for the State of New South Wales shall have all the powers of a Constructing Authority under the said Act. Such land when so resumed or acquired shall be vested for the purposes of the agreement, in such corporation constituted by or under any Act of the Parliament of Victoria as may be nominated for the purpose by the Governor of Victoria.

The vesting under this subsection shall be effected by the conveyance or transfer by the Minister for Public Works of so much of the land resumed or acquired as is required for purposes of or incidental to any such railway.

Any land resumed or acquired under this section which is not required for purposes of or incidental to any railway referred to in the agreement may be sold, leased or otherwise dealt with under the Public Works Act 1912, in all respects as if it were land taken under the provisions of that Act for an authorised work and not required for the purposes of any authorised work or may be reconveyed or retransferred to the persons entitled in full or part satisfaction of any claim for compensation in respect of the resumption or acquisition of the land.

In any sale made pursuant to this subsection an easement over or a right of using the whole or any part of the land sold may be reserved.

The Government of Victoria shall, subject to the agreement, have the right to control and manage any railway in New South Wales referred to in the agreement, and the Victorian Authority may, in respect of such control and management, exercise all the powers which are by law conferred on the Victorian Authority in respect of railways in the State of Victoria.

Notwithstanding anything contained in the Industrial Arbitration Act 1940, it shall be lawful for the Government of the State of Victoria, or the Victorian Authority, in the construction, management and control of any work by this Act or the agreement authorised to be carried out by the said State in New South Wales, to observe the same conditions and pay the same wages as prevail or are then being paid by the Victorian Authority in respect of similar work in the State of Victoria.

Despite the repeal of the Border Railways (Grain Elevators) Amendment Act 1957, sections 1 (2) and 2–6 of that Act continue to have effect and are taken to have been transferred to this Act.

Sections 1 (2) and 2–6 of the Border Railways (Grain Elevators) Amendment Act 1957 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.