Non-Metropolitan Railways (Transfer) Act 1997

This Act may be cited as the Non-Metropolitan Railways (Transfer) Act 1997.

In this Act—

Railways Agreement means the agreement set out in the Schedule to this Act.

A word or expression used in this Act that is defined in the Railways Agreement has the same meaning in this Act as in the Railways Agreement unless the contrary intention appears.

The Minister's execution of the Railways Agreement on behalf of the State is authorised and ratified.

The Railways Agreement is binding on the State.

The Minister and other instrumentalities and agencies of the State are authorised and required to do anything necessary to give effect to the Railways Agreement.

The Minister is authorised to approve and enter into the Ground Lease and the Passenger Terminal Site Lease on behalf of the State.

The Ground Lease and the Passenger Terminal Site Lease are, when executed on behalf of the State, binding on the State.

The Minister must, within six sitting days after executing the Ground Lease or the Passenger Terminal Site Lease, have copies of the lease laid before Houses of Parliament.

The Minister and other instrumentalities and agencies of the State are authorised and required to do anything necessary to give effect to the Ground Lease and the Passenger Terminal Site Lease.

The Minister must not give consent on behalf of the State to the removal of Track Infrastructure in accordance with the terms of clause 9.1(f) or 9.2(e) of the Railways Agreement unless the Minister is satisfied that the Track Infrastructure is no longer required for the safe, efficient and effective use of the relevant railway line.

The Minister must, as soon as practicable after giving a consent in the circumstances described in subsection (5), prepare a report on the matter and have copies of the report laid before both Houses of Parliament.

The SAR Land and the Commonwealth Railways Land, when transferred to the State under the Railways Agreement, vests in the Minister for an estate of fee simple.

However, this section does not operate to extinguish the interests of a third party in the land.

The Registrar-General must, on application by the Minister—

if land vested in the Minister under this Act has been brought under the Real Property Act 1886—register the Minister as the proprietor of an estate in fee simple in the land; or

if land vested in the Minister under this Act has not been brought under the Real Property Act 1886—bring the land under the provisions of that Act and register the Minister as the proprietor of an estate in fee simple in the land.

The Minister must provide the Registrar-General with surveys and plans of land that is to be brought under the Real Property Act 1886 that the Registrar-General may reasonably require.

The Crown Lands Act 1929 does not apply in relation to land vested in the Minister under this Act.

A Ministerial certificate will be accepted by all courts and administrative officials of the State as evidence of the matters to which the certificate relates.

A Ministerial certificate is a certificate signed by the Commonwealth Minister or the State Minister, or a delegate of the Commonwealth Minister or the State Minister—

identifying real or personal property affected by the Railways Agreement; and

stating how the property is affected by the Railways Agreement or any transaction under that Agreement.

Any item of Track Infrastructure transferred under the Railways Agreement is taken to be severed from the land to which it is affixed so that it may be dealt with as personal property separate from the land.

For a period of 5 years from the effective date of the Railways Agreement, land transferred under the Railways Agreement and used for the operation of a railway is exempt from—

land tax under the Land Tax Act 1936; and

rates and other imposts under the Local Government Act 1934.

This Act (and the Railways Agreement) prevail to the extent of any inconsistency over the Railways (Transfer Agreement) Act 1975 and the Agreement approved under that Act.

This Act (and the Railways Agreement) prevail to the extent of any inconsistency over the Tarcoola to Alice Springs Railway Agreement Act 1974 and the Agreement approved under that Act.

For 6 months after the grant of the Passenger Terminal Site Lease, the lessee may sell and supply liquor for purposes incidental to the provision of a passenger service without any licence or authorisation apart from this section.

All building and development work carried out on land transferred from the Commonwealth to the State pursuant to the Railways Agreement by or on behalf of Australian National Railways Commission, the Crown in right of the Commonwealth of Australia or the Crown in right of the State of South Australia before the commencement of this Act will be regarded as complying with the statutory and regulatory requirements applicable at the time the work was carried out.

For the purposes of section 51 xxxvii of the Australian Constitution, the matter of the Commonwealth acquiring, holding, disposing of or dealing with shares in National Rail Corporation Limited when the Company engages in intra-State rail services in the State is referred to the Parliament of the Commonwealth.

However, the referral under subsection (1) ceases to have effect if the Memorandum of Association of National Rail Corporation Limited (contained in Schedule 1 of the Agreement set out in the schedule to the National Rail Corporation Agreement Act 1992 (Cwlth)) is amended so as to remove the requirement that the State must give its prior approval in writing to the company to carry on intra-State rail services in the State, or so as to remove the requirement that the prior approval of the State is required to amend or delete clause 3 or 4 of that Memorandum of Association.