{"id":"hawthorn-and-kew-railway-dismantling-act-1958","name":"Hawthorn and Kew Railway (Dismantling) Act 1958","slug":"hawthorn-and-kew-railway-dismantling-act-1958","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176434,"registerId":"vic-hawthorn-and-kew-railway-dismantling-act-1958-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Hawthorn and Kew Railway (Dismantling) Act 1958","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nHawthorn and Kew Railway (Dismantling)\nAct 1958\nAct No. 6465/1958\nVersion as at 14 February 2000\nTABLE OF PROVISIONS\nSection Page\n1. Short title 2\n2. Authority to dismantle Hawthorn and Kew Railway and sell etc.\nproperty 2\n═══════════════\nENDNOTES 3\n1. General Information 3\n2. Table of Amendments 4\n3. Explanatory Details 5\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nHawthorn and Kew Railway (Dismantling)\nAct 1958\nAct No. 6465/1958\nVersion as at 14 February 2000\nAn Act to provide for the Dismantling of the Hawthorn and Kew\nRailway, and for other purposes.\nPreamble\nWHEREAS by The Railway Construction Act\n1884 authority was given for the making and\nmaintaining of the railway referred to in\nparagraph (56) of section three of the said Act and\ntherein described as \"A railway commencing on\nthe Hawthorn and Lilydale Railway between\nHawthorn and Auburn Railway Stations and\nterminating in the Borough of Kew in the line and\nupon the lands described in the Fifty-sixth\nSchedule hereto, to be called the Hawthorn and\nKew Railway\":\nAND WHEREAS the said railway was in\npursuance of the said authority duly constructed\nand opened for traffic on the nineteenth day of\nDecember One thousand eight hundred and eighty-\nseven:\nAND WHEREAS since the sixth day of May One\nthousand nine hundred and fifty-seven no traffic\nhas been conducted upon the said railway:\nAND WHEREAS it is expedient to make provision\nas hereinafter enacted for the dismantling of the\nsaid railway and for other matters in relation\nthereto:\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6465/1958\nHawthorn and Kew Railway (Dismantling) Act 1958\n2\nBE IT THEREFORE ENACTED by the Queen'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 Hawthorn and Kew\nRailway (Dismantling) Act 1958.\n2. Authority to dismantle Hawthorn and Kew Railway\nand sell etc. property\n(1) Notwithstanding anything in any Act The\nVictorian Railways Commissioners may—\n(a) dismantle the hereinbefore recited Hawthorn\nand Kew Railway; and\n(b) sell or otherwise dispose of or use for any\npurpose under Part III of the Railways Act\n1928—\n(i) the materials of which the said railway\nis constructed; and\n(ii) any property vested in the said\nCommissioners and being in or upon\nthe lands acquired or used in connexion\nwith the said railway.\n(2) The net proceeds of any sale or disposal of the\nsaid materials or the said property or any portion\nthereof shall be paid into the Railway Renewals\nand Replacements Fund.\n═══════════════\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6465/1958\nHawthorn and Kew Railway (Dismantling) Act 1958\n3\nENDNOTES\n1. General Information\nThe Hawthorn and Kew Railway (Dismantling) Act 1958 was assented to\non 9 December 1958 and came into operation on 9 December 1958.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6465/1958\nHawthorn and Kew Railway (Dismantling) Act 1958\n4\n2. Table of Amendments\nThere are no amendments made to the Hawthorn and Kew Railway\n(Dismantling) Act 1958 by Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6465/1958\nHawthorn and Kew Railway (Dismantling) Act 1958\n5\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"The Act appears to have fulfilled exactly its stated purpose — authorising the dismantling of the Hawthorn and Kew railway. There is no evidence from the available text that its scope expanded or contracted beyond its original intent. It remains a tightly focused, single-purpose piece of legislation."},"complexity_factors":["Single, narrow purpose legislation with no ongoing regulatory framework","Historical/spent Act — its operative effect was exhausted upon completion of the dismantling works","The legislation text provided is extremely minimal, offering almost no substantive content to analyse","No complex definitions, offences, penalties, or multi-agency interactions to navigate"],"plain_english_summary":"The Hawthorn and Kew Railway (Dismantling) Act 1958 authorized removal of the Hawthorn–Kew suburban rail infrastructure — tracks, equipment and related works. It directly affected local residents and commuters at the time by ending rail service; today it has little practical effect, though it remains formally on the statute book. The Act is chiefly of historical interest as part of mid‑20th century rail closures now often viewed as a planning mistake."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act's text implements the stated purpose in the preamble: it grants authority to dismantle the specified railway and to sell or otherwise dispose of materials and related property, with net proceeds payable to the Railway Renewals and Replacements Fund. No amendments are recorded that alter that scope."},"complexity_factors":["Very short instrument: 2 substantive sections (short title and authority to dismantle/sell).","Direct grant of executive power to a named administrative body (Victorian Railways Commissioners) with limited discretion.","Cross-reference to Part III of the Railways Act 1928 for permissible uses of disposed property.","Financial direction: net proceeds must be paid into a specifically named fund (Railway Renewals and Replacements Fund).","Preamble records historical facts (construction/opening and cessation of traffic) that constrain the Act's purpose.","No amendments recorded, reducing interpretive complexity but raising implementation reliance on administrative practice."],"plain_english_summary":"This Act authorises the Victorian Railways Commissioners to dismantle the Hawthorn and Kew Railway (no traffic since 6 May 1957) and to sell, dispose of or use the track materials and any property acquired or used in connection with the railway.\n\nNet proceeds of sales must be paid into the Railway Renewals and Replacements Fund; the Commissioners decide whether to dismantle and market assets, and buyers provide payment for disposed materials."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: dismantling a specific defunct railway line and disposing of its assets. There is no evidence of scope creep or expansion beyond the original intent."},"complexity_factors":["Only 2 operative sections (short title and dismantling authority)","No defined terms section","Single, straightforward operative provision with minimal subsections","No cross-references to other legislation except a brief reference to Part III of the Railways Act 1928","No conditional logic, exceptions, or nested provisions","Total length is approximately 2 pages of substantive content"],"plain_english_summary":"This is a short Victorian law from 1958 that gives the state's railway authority permission to pull up and remove an old railway line that ran between Hawthorn and Kew in Melbourne's inner east.\n\n**What it does:**\n- **Authorises dismantling**: The Victorian Railways Commissioners can tear up the Hawthorn and Kew Railway, which had already closed to passengers in May 1957.\n- **Allows sale of materials**: The Commissioners can sell off the railway tracks, sleepers, and any other materials, or reuse them for other railway purposes.\n- **Directs where the money goes**: Any cash raised from selling the scrap must go into the Railway Renewals and Replacements Fund (essentially a government kitty for fixing up other railways).\n\n**Background:**\nThe railway was originally built in 1887 under an 1884 Act, but by 1957 no trains were running on it. Rather than letting the unused line sit there, Parliament passed this Act to formally authorise its removal and the disposal of the leftover assets.\n\n**Who it affects:**\nPrimarily the Victorian Railways Commissioners (the government body running trains at the time). The Act also affects anyone who might have had an interest in the railway land or materials, though the law overrides any other legislation that might have prevented the dismantling."}},"importantCases":[],"_links":{"self":"/api/acts/hawthorn-and-kew-railway-dismantling-act-1958","history":"/api/acts/hawthorn-and-kew-railway-dismantling-act-1958/history","analysis":"/api/acts/hawthorn-and-kew-railway-dismantling-act-1958/analysis","conflicts":"/api/acts/hawthorn-and-kew-railway-dismantling-act-1958/conflicts","importantCases":"/api/acts/hawthorn-and-kew-railway-dismantling-act-1958/important-cases","documents":"/api/acts/hawthorn-and-kew-railway-dismantling-act-1958/documents"}}