{"id":"altona-railway-act-1927","name":"Altona Railway Act 1927","slug":"altona-railway-act-1927","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28686,"registerId":"vic-altona-railway-act-1927-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Altona Railway Act 1927","content":"Victorian Legislation Parliamentary Documentsi\nVersion No. 001\nAltona Railway Act 1927\nAct No. 3517/1927\nVersion as at 8 October 1999\nTABLE OF PROVISIONS\nSection Page\n1. Short title 1\n2. Definitions 2\n3. Ratification of Agreement 2\n4. Railway and railway lands 3\n5. Restrictions on use of lands underlying and adjoining the\nrailway lands 3\n6. Compensation for additional lands taken by the Commissioners\nto be limited 3\n7. Commissioners not bound to fence 4\n8. Audit and Land Acts not affected 4\n__________________\nSCHEDULE—Memorandum of Agreement 5\n═══════════════\nENDNOTES 14\n1. General Information 14\n2. Table of Amendments 15\n3. Explanatory Details 16\n\nVictorian Legislation Parliamentary Documents1\nVersion No. 001\nAltona Railway Act 1927\nAct No. 3517/1927\nVersion as at 8 October 1999\nAn Act to approve and ratify and provide for carrying out an\nAgreement between Altona Beach Estates Limited the Premier\nof the State of Victoria and Arthur Rickard and Co. Limited\nrespecting the Transfer to the State of the Altona Railway and\nfor other purposes.\nPreamble\nWHEREAS Altona Beach Estates Limited (a\ncompany incorporated in accordance with the law\nof New South Wales) the Premier of the State of\nVictoria for and on behalf of and duly authorized\nby the Government of the said State and Arthur\nRickard & Co. Limited (a company which is also\nincorporated in accordance with the law of New\nSouth Wales) have entered into the Agreement a\ncopy of which is set out in the Schedule to this\nAct:\nAND WHEREAS it is desirable to approve and\nratify the said Agreement and to provide for\ncarrying out the provisions thereof:\nBE IT THEREFORE ENACTED by the King's Most\nExcellent Majesty by and with the advice and consent of the\nLegislative Council and the Legislative Assembly of Victoria\nin this present Parliament assembled and by the authority of\nthe same as follows (that is to say):\n1. Short title\nThis Act may be cited as the Altona Railway Act\n1927.\n\nVictorian Legislation Parliamentary DocumentsAct No. 3517/1927\nAltona Railway Act 1927\n2\n2. Definitions\nIn this Act unless inconsistent with the context or\nsubject-matter—\n\"Commissioners\" means The Victorian Railways\nCommissioners constituted as provided by\nthe Railways Acts;\n\"Company\" means Altona Beach Estates\nLimited;\nthe \"Agreement\" means the Agreement a copy of\nwhich is set out in the Schedule to this Act;\nthe \"railway lands\" means the lands more\nparticularly described in sub-clauses 2, 3, 4\nand 5 of Clause II of the Agreement;\nthe \"said railway\" means the railway which has\nbeen constructed on the lands coloured red\non the plans referred to in the Agreement,\nand includes the stations bridges approaches\nbuildings culverts fences gates machinery\ntelegraph and telephone wires instruments\nand other telegraphic and telephonic works\nand apparatus station fittings and furniture\nstores plant materials and all other property\nworks conveniences and effects of every\nkind which at the date of the Agreement\nwere vested in or belonged to the company\nand formed part and parcel of or were\nreputed to form part and parcel of the said\nrailway.\n3. Ratification of Agreement\nThe Agreement is hereby approved and ratified\nand shall be deemed and taken to be part of this\nAct and anything necessary for carrying out the\nprovisions thereof may be done or suffered by the\nMinister the Commissioners or the company as\nthe circumstances of the case require.\ns. 2\n\nVictorian Legislation Parliamentary DocumentsAct No. 3517/1927\nAltona Railway Act 1927\n3\n4. Railway and railway lands\n(1) The Minister shall direct the company to transfer\nthe said railway and the railway lands to the\nCommissioners.\n(2) Upon the said transfer being effected the said\nrailway and the railway lands and the inheritance\nthereof in fee simple shall be and be deemed to\nhave been vested in the Commissioners as on and\nfrom the first day of October One thousand nine\nhundred and twenty-four for the purposes of the\nRailways Acts, but subject nevertheless to the\nprovisions of the Agreement.\n(3) All laws by-laws and regulations for the time\nbeing in force on or in respect of the railways\nvested in the Commissioners shall so far as the\nsame are respectively capable of being applied be\nin force on and in respect to the said railway.\n5. Restrictions on use of lands underlying and\nadjoining the railway lands\nThe covenants and agreements by the company\ncontained in clauses V VII and VIII of the\nAgreement shall attach to and run with the lands\nof the company which are mentioned in the said\nclause V, and shall bind the said lands in\nwhosesoever hands the same shall be, but the\nowner and occupier for the time being of the said\nlands shall subject to the provisions of clause VI\nof the Agreement be at all times entitled to the\nbenefit of the said clause VI.\n6. Compensation for additional lands taken by the\nCommissioners to be limited\nNotwithstanding anything contained in the Lands\nCompensation Acts the amount of purchase\nmoney or compensation payable for or in respect\nof any land which, during the period of five years\nnext after the commencement of this Act, is\ns. 4\n\nVictorian Legislation Parliamentary DocumentsAct No. 3517/1927\nAltona Railway Act 1927\n4\npurchased or taken by the Commissioners for or is\nused by the Commissioners in connexion with or\nis likely to be injured in or prejudicially affected\nby the execution of any works on the said railway\nshall not exceed the value of the land on the\ntwenty-ninth day of March One thousand nine\nhundred and twenty-six.\n7. Commissioners not bound to fence\nOn the said railway the Commissioners shall not\nbe bound to erect or to contribute to the erection\nof any dividing or other fence or to erect gates or\nto employ gatekeepers at any public or occupation\nroad-crossing nor shall the Commissioners be\nliable for any damage which may be caused by the\nabsence of gates or of gatekeepers at any such\ncrossing or by reason of the said railway not being\nfenced in or fenced off.\n8. Audit and Land Acts not affected\nNothing in this Act shall affect or in any manner\nalter or vary any of the provisions contained in the\nAudit Acts or in any Act relating to Crown lands.\n__________________\ns. 7\n\nVictorian Legislation Parliamentary DocumentsAct No. 3517/1927\nAltona Railway Act 1927\n5\nSCHEDULE\nMEMORANDUM OF AGREEMENT made the Twenty-ninth day of March\nOne thousand nine hundred and twenty-six Between ALTONA BEACH\nESTATES LIMITED a company duly incorporated in accordance with the\nlaw of the State of New South Wales and carrying on business in the State of\nVictoria at 98 Elizabeth-street Melbourne (hereinafter called \"the Company\"\nwhich expression where the context admits or requires shall be deemed to\nextend to and to include its assigns) of the first part the HONORABLE\nJOHN ALLAN in his capacity as the Premier of the State of Victoria and for\nand on behalf of and duly authorized by the Government of the said State\n(hereinafter called \"the Minister\" which expression where the context admits\nor requires shall be deemed to extend to and to include the successors in\noffice and assigns of the Honorable John Allan and the officers servants and\nagents of the Government of the State of Victoria) of the second part and\nARTHUR RICKARD AND CO. LIMITED a company which is also duly\nincorporated in accordance with the law of New South Wales and has its\nregistered office at 84B Pitt-street Sydney (hereinafter called \"the Guarantor\"\nwhich expression where the context admits or requires shall be deemed to\nextend to and to include its assigns) of the third part:\nWHEREAS the Company is the owner of the lands delineated and colored\nred blue yellow purple and brown on the plans certain copies of which have\nbeen sealed by the Company and the Guarantor and deposited in the office of\nthe Minister and other copies of which have been signed by the Minister and\ndeposited in the office of the Company AND of the railway which has been\nconstructed on the said lands colored red on the said plans:\nAND WHEREAS pursuant to the provisions of an agreement made the\nTwenty-eighth day of November One thousand nine hundred and seventeen\nbetween the Company of the one part and The Victorian Railways\nCommissioners of the other part the said The Victorian Railways\nCommissioners (who are hereinafter referred to as \"the Commissioners\")\nentered into possession of that portion of the said railway situate between the\npoints marked \"A\" and \"B\" on the said plans and proceeded to use the said\nportion of the said railway for the purpose of working the train service\nmentioned in the said agreement:\nAND WHEREAS it is provided in the said agreement that in the event of\nthere being any deficiency between the revenue derived by the\nCommissioners from their user of the said portion of the said railway and the\nactual costs incurred or moneys expended by them in working the said train\nservice under the guarantee of the said Company which was terminated in the\nmanner prescribed by the said agreement as on the First day of October One\nthousand nine hundred and twenty-four the Company shall on demand pay\nthe amount of such deficiency to the Commissioners:\nSection 2.\nSch.\n\nVictorian Legislation Parliamentary DocumentsAct No. 3517/1927\nAltona Railway Act 1927\n6\nAND WHEREAS there is now due and owing by the Company to the\nCommissioners pursuant to the provisions of the said agreement the sum of\nSeven thousand two hundred and eighty-nine pounds three shillings and\nsevenpence:\nAND WHEREAS the Company is unable immediately to pay the said sum to\nthe Commissioners but has represented to the Minister that if the Government\nof the State of Victoria were to acquire the said railway and vest the same in\nthe Commissioners for the purposes of the Railways Acts of the said State it\ncould arrange for the provision of funds which would enable it to pay to the\nCommissioners in the instalments hereinafter provided for the said sum of\nSeven thousand two hundred and eighty-nine pounds three shillings and\nsevenpence and interest thereon calculated at the rate of Six pounds per\ncentum per annum for the period commencing upon the Eighteenth day of\nNovember One thousand nine hundred and twenty-four (being the date upon\nwhich an account of the amount due to them pursuant to the provisions of the\nsaid agreement was last rendered to the Company by the Commissioners) and\nending upon the date of the execution of this agreement:\nAND WHEREAS to facilitate the acquisition of the said railway by the said\nGovernment the Company has offered to transfer and/or surrender the said\nrailway and the lands and property hereinafter more particularly described to\nHis Majesty King George the Fifth or as the Minister may direct provided\nthat the Minister agrees that the Commissioners will operate and continue to\noperate the said railway as portion of the Melbourne suburban system and\nwill with all reasonable despatch proceed to convert the said railway so that\nelectricity may be used as a motive power thereon:\nAND WHEREAS the Minister has agreed to accept the Company's offer\nupon condition that the Company pays the said sum together with interest\nthereon as aforesaid to the Commissioners in the instalments hereinafter\nmentioned and provides a surety for the due and punctual payment of the said\ninstalments:\nAND WHEREAS the Company has requested the Minister to accept the\nGuarantor as a surety as aforesaid and the Minister has agreed so to do:\nNOW THESE PRESENTS WITNESS:\nI. THE Company shall:\n1. Immediately upon the execution of this agreement pay\nunto the Commissioners—\n(i) the sum of Three thousand six hundred and\nforty-four pounds eleven shillings ninepence\nand one-halfpenny being a moiety of the said\nsum of Seven thousand two hundred and\neighty-nine pounds three shillings and\nsevenpence;\nSch.\n\nVictorian Legislation Parliamentary DocumentsAct No. 3517/1927\nAltona Railway Act 1927\n7\n(ii) interest calculated at the rate of Six pounds per\ncentum per annum on the said sum of Seven\nthousand two hundred and eighty-nine pounds\nthree shillings and sevenpence for the period\ncommencing on the Eighteenth day of\nNovember aforesaid and ending on the day of\nthe execution of this agreement.\n2. Pay the other moiety of the said sum of Seven\nthousand two hundred and eighty-nine pounds three\nshillings and sevenpence to the Commissioners in\nthree instalments of One thousand pounds each and\none instalment of Six hundred and forty-four pounds\neleven shillings ninepence and one-halfpenny the said\ninstalments to be paid at regular half-yearly intervals\nreckoned from the date upon which the payments\nprovided for in sub-clause 1 of this Clause are made.\n3. Pay interest to be calculated at the rate of Six pounds\nper centum per annum on the balance of the other\nmoiety aforesaid from time to time remaining unpaid\nuntil the whole of the said moiety shall be paid the\nsaid interest to be paid on the said half-yearly days\nand to be computed in the first instance from the date\nupon which the payments provided for in sub-clause 1\nof this Clause are made and thereafter from the last\npreceding half yearly day.\nII. UPON the payment by the Company to the Commissioners\nof the sums mentioned in sub-clause 1 of Clause I hereof the\nCompany in consideration of the agreement by the Minister\nhereinafter contained will transfer and/or surrender unto His\nMajesty King George the Fifth or as the Minister shall\ndirect:\n1. ALL THAT the said railway including the stations\nbridges approaches buildings culverts fences gates\nmachinery telegraph and telephone wires instruments\nand other telegraphic and/or telephonic works and\napparatus station fittings and furniture stores plant\nmaterials and all other property works conveniences\nand effects of every kind which at the date of this\nagreement were vested in or belonged to the Company\nand formed part and parcel of or were reputed to form\npart and parcel of the said railway.\n2. The surface and down to a depth of Fifty feet below\nthe surface of the lands upon which the said railway is\nconstructed which lands are colored red on the plans.\nSch.\n\nVictorian Legislation Parliamentary DocumentsAct No. 3517/1927\nAltona Railway Act 1927\n8\n3. At the option of the Minister to be exercised within\nTwenty-four calendar months of the date of the\nexecution of these presents—\n(i) the surface and down to a depth of Fifty feet\nbelow the surface of the lands colored yellow\nand brown on the plans which lands may\nhereafter be required for the construction and\nmaintenance of an extension of the said\nrailway; or\n(ii) the surface and down to a depth of Fifty feet\nbelow the surface of the lands colored purple\nand brown on the plans which lands may\nhereafter be required for the construction and\nmaintenance of portion of an extension of the\nsaid railway.\n4. The surface and down to a depth of Fifty feet below\nthe surface of the lands colored blue on the plans\nwhich lands may hereafter be required in order to\npermit of the traffic on the said railway being more\nefficiently worked.\n5. The surface and down to a depth of Fifty feet below\nthe surface of any other lands which are vested in or\nbelong to the Company and are occupied or used by it\nor by the Commissioners in connection with the said\nrailway.\nAND the Minister on behalf of His Said Majesty will accept a transfer and/or\nsurrender of the said railway property and lands and will do what lawfully\nmay be done by him towards vesting the same in the Commissioners for the\npurposes of the Railways Acts AND he hereby agrees with the Company that\nthe Commissioners will operate and continue to operate the said railway as\nportion of the Melbourne suburban system and will with all reasonable\ndespatch proceed to convert the said railway so that electricity may be used\nas a motive power thereon.\nIII. THE Company shall:\n1. Forthwith prepare and deliver to the Crown Solicitor\nfor the State of Victoria—\n(i) a full and complete inventory of the personal\nproperty owned by it and used by it or by the\nCommissioners in connection with the said\nrailway;\nSch.\n\nVictorian Legislation Parliamentary DocumentsAct No. 3517/1927\nAltona Railway Act 1927\n9\n(ii) full and complete particulars of the several\nstations bridges approaches buildings culverts\nfences gates telegraphic and/or telephonic\nworks or apparatus lines of way and other\nworks and appliances in the nature of fixtures\nwhich are owned by the Company and form\npart and parcel of or are reputed to form part\nand parcel of the said railway;\n(iii) abstracts or other sufficient particulars of its\ntitles to all of the lands which it has hereby\nagreed to transfer and/or surrender together\nwith all surveys and surveyor's description of\nsuch lands which it may have in its possession.\n2. Produce to the said Crown Solicitor all deeds and\ndocuments required to be produced in support or in\nverification of its title to such lands.\nIV. THE estate in the said lands which the Company shall by\nthis agreement be bound to transfer and/or surrender shall be\nan unencumbered estate of fee simple in the whole of the\nsaid lands as above described but only insofar as the same\nmay be comprised in the present titles held by the Company\nPROVIDED THAT the provisions of this Clause shall not\napply to any obligation created by an exception reservation\ncovenant or condition contained in the original Crown Grant\nof any of the said lands or to the covenants and conditions\ncontained in Instrument of Transfer registered No. 403084\nor to any easements subsisting over or upon or affecting the\nsaid lands or to any obligation subject to which the Minister\nmay decide to accept a transfer and/or surrender of the said\nlands.\nV. THE Company shall retain for its own use all other parts\nbelow Fifty feet of the said lands but subject always to the\nfollowing condition and the Company (subject to the\nprovisions of Clause IV hereof) hereby covenants with the\nMinister in manner following that is to say that it will not\nuse for actual mining the lands underlying the said depth of\nFifty feet of the said lands to be transferred and/or\nsurrendered as aforesaid or the other lands belonging to the\nCompany and extending for Three chains laterally on either\nside of the said lands to be transferred and/or surrendered.\nSch.\n\nVictorian Legislation Parliamentary DocumentsAct No. 3517/1927\nAltona Railway Act 1927\n10\nVI. IT is hereby agreed that in order to provide efficient means\nof communication between mine workings of the Company\nsituate on either side of the lands mentioned in Clause V\nhereof the Company may construct and maintain tunnels\nways or other works at any working level in such lands\nbelow Fifty feet PROVIDED THAT:\n1. Tunnels ways or other works in the lands belonging to\nthe Company and underlying the said lands to be\ntransferred and/or surrendered shall not exceed\nTwenty feet in width and Ten feet in height and shall\nbe adequately supported in the middle and that two\nsuch tunnels ways or other works shall not be placed\nat a less distance than One chain and half a chain\nlaterally from each other.\n2. Tunnels ways or other works in the lands belonging to\nthe Company and extending for Three chains laterally\non either side of the said lands to be transferred and/or\nsurrendered shall not exceed Twenty feet in width and\nTen feet in height and that two such tunnels ways or\nother works shall not be placed at a less distance than\nOne chain and half a chain laterally from each other.\n3. Upon any such tunnel way or other work being\nabandoned or no longer required by the Company it\nshall be properly and securely stowed up in\naccordance with the most approved practice of mining\nengineers and in such a way as to prevent subsidence\nof the lands above it.\nVII. THE Commissioners and their officers with or without\nsurveyors miners workmen and others shall be entitled at\nany reasonable time to enter upon the lands of the Company\nmore particularly referred to in Clauses V and VI hereof in\norder to ascertain if the Company is fulfilling the obligations\nimposed upon it by the said Clauses and for that purpose\nthey shall be entitled to use free of charge the pits shafts\ntunnels ways and other mining works of the Company which\nit will be necessary for them to use in order to obtain ingress\nto and egress from the said lands and any mining plant and\nmachinery of the Company which is in or upon or is used in\nconnection with any such pit shaft tunnel way or other\nmining work and to have any assistance from the miners\nworkmen and others employed by the Company which is in\nthe circumstances of the particular case necessary and\nreasonable.\nSch.\n\nVictorian Legislation Parliamentary DocumentsAct No. 3517/1927\nAltona Railway Act 1927\n11\nVIII. THE Company shall not agree to assign its lands or any part\nor parts thereof (which are more particularly referred to in\nClauses V and VI hereof) until it has given unto the\nproposed assignee notice of the existence of the covenants\nand agreements by it contained in the said Clauses and in\nClause VII hereof AND in every deed or other document\ncontaining an agreement by the Company to assign the said\nland or any part or parts thereof or by means of which effect\nis sought to be given to any such agreement it shall be\nexpressed that the agreement therein made or sought to be\ngiven effect to shall be subject to the obligations and\nrestrictions created by the said covenants and agreements.\nIX. IF at any time any question dispute or difference shall arise\nbetween the Company and the Minister touching:\n1. The true intent or construction of these presents; or\n2. The carrying into effect of any of the clauses hereof;\nor\n3. Any of the incidents or consequences hereof; or\n4. Any breach or non-performance or alleged breach or\nnon-performance of any of the provisions hereof with\nthe exception of the provisions of Clauses I and X\nhereof; or\n5. Any liability damages losses costs or expenses arising\nout of any such breach or non-performance aforesaid;\nor\n6. Any claim or demand of whatsoever nature in\nanywise relating to the premises\nsuch question dispute or difference shall unless the parties\nagree in the appointment of a single arbitrator be referred to\ntwo arbitrators one to be appointed by each party hereto and\nsuch arbitrators shall before they enter upon the\ndetermination of the matters referred to them nominate and\nappoint by writing under their hands an umpire to decide\nany matters on which they shall differ or which shall be\nreferred to him by them and the Arbitration Act 1915 of\nthe State of Victoria and any statutory modification or\nre-enactment thereof shall apply to any such arbitration.\nX. IN consideration of the premises the Guarantor to the intent\nthat the guarantee hereby given shall be construed as a\ncontinuing guarantee hereby covenants and agrees with the\nMinister that if the Company shall fail or neglect to pay\npunctually unto the Commissioners the sums mentioned in\nSch.\n\nVictorian Legislation Parliamentary DocumentsAct No. 3517/1927\nAltona Railway Act 1927\n12\nClause I hereof or any of them or the interest mentioned in\nthe said Clause or any part thereof the Guarantor shall from\ntime to time within Fourteen days of the service upon it of a\nnotice in writing under the seal of the Commissioners setting\nout the amount which the Company has failed or neglected\nto pay unto the Commissioners pay unto the Commissioners\nthe amount in the particular notice set out.\nXI. ANY notice required to be served upon the Guarantor\npursuant to the provisions of Clause X hereof shall be\nsufficiently served if addressed to the Guarantor and if\nforwarded by a registered letter addressed to it at its last\nregistered office in the said State of New South Wales.\nXII. THE liability of the Guarantor hereunder shall not be in any\nway released or discharged by reason of any time or other\nindulgence being granted by the Minister to the Company\nwhereby the time or mode of payment by the Company of\nthe whole or of any portion of the moneys referred to in\nClause I of these presents may be altered or involved.\nXIII. NOTHING in these presents contained shall be construed:\n1. So as to effect the liability of the Company to pay\nunto the Commissioners the said sum of Seven\nthousand two hundred and eighty-nine pounds three\nshillings and sevenpence or so as to prejudice in any\nway the rights of the Commissioners under the said\nagreement of the Twenty-eighth day of November\nOne thousand nine hundred and seventeen.\n2. As imposing upon the Minister or upon the\nCommissioners an obligation to operate the said\nrailway in perpetuity regardless of the fact that its\noperation involves the Government of Victoria or the\nCommissioners in a loss but on the contrary the\nMinister or the Commissioners (as the case may\nrequire) shall be entitled to close the said railway if\nthe Commissioners after having considered all of the\ncircumstances of the case in accordance with the\npractice ordinarily followed by them in dealing with a\nrailway which is being worked at a loss are of the\nopinion that the said railway should be closed.\nXIV. SHOULD the Commissioners at any time within a period of\nTen years from the date hereof cease to operate the said\nrailway as portion of the Melbourne suburban system of the\nVictorian State Railways or fail to use or continue to use any\nportion of the lands described in paragraphs 2 and 3 of\nClause II hereof then in the former of the said cases the\nSch.\n\nVictorian Legislation Parliamentary DocumentsAct No. 3517/1927\nAltona Railway Act 1927\n13\nMinister on behalf of His Majesty shall forthwith transfer or\nprocure a re-transfer to the Company of the railway property\nand lands aforesaid and in the latter of such events shall\ntransfer or procure a re-transfer to the Company of the\nportion of the said lands which the Commissioners have\nfailed to use or to continue to use.\nIN WITNESS whereof the parties hereto have executed these presents the\nday and the year first above written.\nTHE COMMON SEAL of ALTONA\nBEACH ESTATES LIMITED was\nhereunto affixed by Arthur Lancelot\nRickard and Arthur Bernard Davies two\nof the Directors of the said Company in\nthe presence of\n\n\n\n\n\n\nARTHUR L. RICKARD (L.S.)\nA. B. DAVIES\nE. A. LIVI, Secretary.\nSIGNED SEALED and DELIVERED\nby the Honorable John Allan in the\npresence of\n\n\n\nJOHN ALLAN (L.S.)\nH. T. VICKERS, Secretary to the Premier.\nTHE COMMON SEAL of ARTHUR\nRICKARD AND CO. LIMITED was\nhereunto affixed by its Attorneys Arthur\nLancelot Rickard and Theophilus\nCorbett in the presence of\n\n\n\n\n\nARTHUR L. RICKARD (L.S.)\nT. CORBETT\nF. R. SNOWBALL, Secretary.\n═══════════════\nSch.\n\nVictorian Legislation Parliamentary DocumentsAct No. 3517/1927\nAltona Railway Act 1927\n14\nENDNOTES\n1. General Information\nThe Altona Railway Act 1927 was assented to on 5 October 1927 and came\ninto operation on 5 October 1927.\nEndnotes\n\nVictorian Legislation Parliamentary DocumentsAct No. 3517/1927\nAltona Railway Act 1927\n15\n2. Table of Amendments\nThere are no amendments made to the Altona Railway Act 1927 by Acts\nand subordinate instruments.\nEndnotes\n\nVictorian Legislation Parliamentary DocumentsAct No. 3517/1927\nAltona Railway Act 1927\n16\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: the specific transfer of the Altona Railway from private to public ownership in 1927. It has not expanded beyond this narrow, transactional scope. The legislation is essentially a statutory ratification of a single commercial agreement with associated technical provisions about land use and railway operations."},"complexity_factors":["The Act incorporates a full commercial agreement (the Schedule) which runs to 14 clauses with detailed payment schedules, land descriptions, and caveats","Multiple layers of parties involved: the railway company, the Premier/Minister representing the Crown, the Victorian Railways Commissioners, and a separate guarantor company","Complex land tenure arrangements involving surface rights vs. subsurface (mining) rights, with specific depth limitations (50 feet) and lateral restrictions (3 chains)","Cross-references to other Victorian legislation including the Railways Acts, Lands Compensation Acts, Audit Acts, Crown lands legislation, and the Arbitration Act 1915","Conditional logic regarding land transfers — some parcels only transfer if the Minister exercises an option within 24 months","Nested exceptions in Clause IV of the Schedule preserving existing easements, covenants, and obligations from original Crown grants"],"plain_english_summary":"The Act authorises the Victorian Government to take over a privately built Altona Beach railway and approve a settlement where the developer pays its debt by instalments with a guarantor. The line and surface land transfer to Victorian Railways, while the company keeps sub‑soil mining rights below 50 feet but may not mine under or within ~60m of the line.\n\nIt also caps compensation for any extra land to March 1926 values and, unusually, removes fencing/gate and related liability for the railway."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act simply approves and incorporates the pre-existing memorandum of agreement into statute (s.3 and the Schedule). It implements the agreement’s original terms—transfer, payment schedule, covenants, compensation limit, operational discretions and re-transfer rights—without expanding or narrowing those obligations beyond what the signed agreement set out."},"complexity_factors":["Statutory ratification of a detailed private agreement (s.3 and Schedule) — mixes contract and statute, raising interpretation questions.","Property transfer mechanics: fee simple vesting, specified depths and optional additional parcels (s.4; Schedule Clause II).","Payment schedule and continuing guarantee: staged instalments, interest, and guarantor obligations (Schedule Clause I and X).","Restrictive covenants that run with the land and transferability obligations — ongoing burden on future owners (s.5; Schedule Clauses V, VIII).","Limit on compensation for land acquisition for five years, intersecting with Lands Compensation Acts (s.6).","Operational discretions: Commissioners’ obligations to operate/convert to electric power and explicit power to close if loss-making (Schedule Clauses II, XIII).","Access and mining regulation rules, dimensions and reinstatement requirements, plus inspection rights for Commissioners (Schedule Clauses V–VII).","Arbitration mechanism for disputes (Schedule Clause IX) — private dispute resolution embedded in statute.","Overlap with existing Railways Acts, Audit and Crown lands legislation creating cross‑statutory interaction (s.4(2), s.8)."],"plain_english_summary":"This Act approves and gives legal force to a 1926 agreement transferring the Altona railway and specified lands from Altona Beach Estates Ltd to the Victorian Railways Commissioners. The company must pay an outstanding debt by instalments secured by a guarantor; mining under and near the railway is restricted and certain covenants run with the land. The Act limits compensation for land taken for five years and exempts the Commissioners from fencing or gatekeeping obligations, while preserving Ministerial and Commissioner discretion over operation and closure."}},"importantCases":[],"_links":{"self":"/api/acts/altona-railway-act-1927","history":"/api/acts/altona-railway-act-1927/history","analysis":"/api/acts/altona-railway-act-1927/analysis","conflicts":"/api/acts/altona-railway-act-1927/conflicts","importantCases":"/api/acts/altona-railway-act-1927/important-cases","documents":"/api/acts/altona-railway-act-1927/documents"}}