{"id":"nsw:act-1972-004","name":"Silverton Tramway Land Vesting Act 1972","slug":"silverton-tramway-land-vesting-act-1972","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"4 of 1972","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110337,"registerId":"nsw-act-1972-004-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Silverton Tramway Land Vesting Act 1972](/view/html/inforce/current/act-1972-004).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In this Act, except in so far as the context or subject-matter otherwise indicates or requires:\n> \n> the Company means The Silverton Tramway Company Limited.\n> \n> the scheduled lands means the lands described in the First Schedule to this Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Closing of roads etc in scheduled lands","content":"#### 3 Closing of roads etc in scheduled lands\n\n3 Closing of roads etc in scheduled lands\n\n> > (1) Notwithstanding anything in any other Act, the roads described in the Second Schedule to this Act are hereby closed and the land comprised in the roads so closed shall be freed and discharged from any rights of the public or any person thereto as a highway.\n> \n> > (2) Reserves 3079 and 3080 for Tramway Purposes and 3081 for Tramway Station and Trucking Yards notified in the Gazette of 12 February 1887 and Reserve 7766 for Tramway Purposes notified in the Gazette of 17 November 1888 are hereby revoked.\n> \n> > (3) The easement for transmission line twenty feet wide over part of Reserve 3079 for Tramway Purposes appropriated and resumed in the Gazette of 7 September 1934 and vested in The Broken Hill Water Board by Gazette of 9 November 1951 is hereby extinguished.\n> \n> > (4) Western Lands Lease number 414 of 43 acres 3 roods Parish of Albert County of Yancowinna is hereby terminated and extinguished.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Vesting of lands in Silverton Tramway Company Limited","content":"#### 4 Vesting of lands in Silverton Tramway Company Limited\n\n4 Vesting of lands in Silverton Tramway Company Limited\n\n> > (1) Subject to subsection two of this section, the scheduled lands are hereby vested in the Company for an estate in fee simple.\n> \n> > (2) The vesting effected by subsection one of this section:\n> > \n> > > (a) does not extend to any land below a depth of fifty feet from the surface of the scheduled lands or to any minerals in the scheduled lands,\n> > \n> > > (b) is subject to a reservation of:\n> > > \n> > > > (i) all such parts and so much of the scheduled lands as may, at any time after the commencement of this Act, be required for public ways in, over and through those lands to be set out by the Governor for the time being of the State of New South Wales or some person by him authorised in that respect with full power to any persons authorised in that behalf to make and conduct any such public ways, and\n> > > \n> > > > (ii) the right of full and free ingress, egress, and regress into, out of and upon the scheduled lands for the purposes of making and conducting any such public ways,\n> > \n> > > (c) is subject to the condition that neither the Company nor its sequels in title shall be entitled to make or prosecute any claim for damages or take any proceedings either by way of injunction or otherwise against Her Majesty, Her Heirs or Successors or the Government of the State of New South Wales or any lessee or lessees under any Act relating to mining or his or their executors, administrators or assigns for or in respect of any damage or loss occasioned by the letting down, subsidence or lateral movement of the scheduled lands or otherwise howsoever by reason of the following acts and matters, that is to say, by reason of Her Majesty, Her Heirs or Successors or the Government of the said State or any persons on Her, Their or its behalf or any lessee or lessees under any Act relating to mining or his or their executors, administrators or assigns having worked, whether before or after the commencement of this Act, any mines or having carried on, whether before or after that commencement, mining operations or having searched for, worked, won or removed, whether before or after that commencement, any metals or minerals under, in or from the land below the scheduled lands or on, in, under or from any other lands situated laterally to the scheduled lands and the land below those other lands and whether on or below the surface of those other lands,\n> > \n> > > (d) is subject to a reservation unto Her Majesty, Her Heirs and Successors of the liberty and authority by reason of the acts and matters referred to in paragraph (c) of this subsection or in the course thereof for Her Majesty, Her Heirs and Successors and the Government of the said State and any person on Her, Their or its behalf and any lessee or lessees under any Act relating to mining and his or their executors administrators and assigns from time to time to let down without payment of any compensation whatsoever any part of the scheduled lands or of the surface thereof, and\n> > \n> > > (e) is subject to the easements created by section five of this Act.\n> \n> > (3) For the purposes of subsection three of section thirteen of the [Public Roads Act 1902](/view/pdf/asmade/act-1902-95), the land vested by subsection one of this section shall be deemed to be land comprised within a grant from the Crown which contains the reservation referred to in paragraph (b) of subsection two of this section.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Easements created over scheduled lands","content":"#### 5 Easements created over scheduled lands\n\n5 Easements created over scheduled lands\n\n> > (1) The easements described in the Third Schedule to this Act shall by virtue of this Act be created and without any further assurance vest in The Broken Hill Water Board or be appurtenant to the land indicated in that Schedule as benefited by the easements, as the case may be.\n> \n> > (2) The easement for electricity transmission line created by subsection one of this section entitles The Broken Hill Water Board to use, in any manner, the surface and the subsoil or under-surface of the land comprised in the easement for the erection and maintenance of wires or cables for the transmission of electricity and of the necessary supports therefor and to enter upon the land for the purpose of inspection and of carrying out any additions, renewals or repairs.\n> \n> > (3) The easements for pipes for the conveyance of water created by subsection one of this section entitle The Broken Hill Water Board to use, in any manner, the surface and the subsoil or under-surface of the land comprised in the easement for the construction and maintenance of tunnels or pipes for the conveyance of water and to enter upon the land for the purpose of inspection and of carrying out any additions, renewals or repairs.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Issue of certificate of title","content":"#### 6 Issue of certificate of title\n\n6 Issue of certificate of title\n\n> > (1) Upon application in writing by the Company and upon payment of the fee therefor prescribed under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), the Registrar-General shall issue to the Company certificates of title under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) for the lands vested in the Company by section four of this Act without investigating the title thereto except so far as may be necessary to give effect to this Act and shall record on the certificates of title for such of those lands as are burdened thereby the easements created by section five of this Act, and the easement for pipe-lines fifteen feet wide appropriated and resumed in the Gazette of 16 July 1948 over the parts of lot 5897 in Deposited Plan 241855 as shown within that lot on that plan and the easement for water supply pipeline twenty feet wide appropriated and resumed in the Gazette of 15 March 1963 over the part of lot 5901 in Deposited Plan 241856 as shown within that lot on that plan.\n> \n> > (2) When issuing to the Company certificates of title pursuant to subsection one of this section the Registrar-General shall record thereon that the land is held subject to the provisions of subsection two of section four of this Act.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Stamp duty","content":"#### 7 Stamp duty\n\n7 Stamp duty\n\n> No stamp duty under the [Stamp Duties Act 1920](/view/html/repealed/current/act-1920-047) shall be chargeable upon the issue of certificates of title in accordance with section six of this Act.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Repeal of Silverton Tramway Acts","content":"#### 8 Repeal of Silverton Tramway Acts\n\n8 Repeal of Silverton Tramway Acts\n\n> > (1) The [Silverton Tramway Act of 1886](/view/pdf/asmade/act-1886-sta) and the [Silverton Tramway Amending Act](/view/pdf/asmade/act-1888-sta) are hereby repealed.\n> \n> > (2) The Company shall not be, and shall be deemed never to have been, entitled, by reason of any of the provisions of the [Silverton Tramway Act of 1886](/view/pdf/asmade/act-1886-sta) or the [Silverton Tramway Amending Act](/view/pdf/asmade/act-1888-sta), to or to a grant of any land referred to in section eight of the [Silverton Tramway Act of 1886](/view/pdf/asmade/act-1886-sta).","sortOrder":7},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nFirst Schedule\n\n(Section 2)","sortOrder":8},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSecond Schedule\n\n(Section 3)\n\nALL roads and parts of roads within the scheduled lands. That part of Carbon Street contiguous to the south-eastern boundary of Lot 5898 in Deposited Plan 241855.","sortOrder":11},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nThird Schedule\n\n(Section 5)\n\nLot 5899 in Deposited Plan 241856 shall be subject to the following easements in favour of The Broken Hill Water Board and shown within that lot:\n\n> Easement for electricity transmission line, 20 feet wide.\n\n> Easements (two) to drain sewage, 20 feet wide, and 50 feet wide and variable width, respectively.\n\n> Easements (two) for pipes for the conveyance of water, 20 feet wide, and 50 feet wide and variable width, respectively.\n\nLot 5897 in Deposited Plan 241855 shall be subject to the following easements:\n\n> Right of carriage way, 20 feet wide, appurtenant to Portion 5904 Parish of Picton County of Yancowinna and designated “A” within that lot.\n\n> Right of carriage way, 20 feet wide, appurtenant to Portion 5614 Parish of Picton County of Yancowinna and designated “B” within that lot.\n\nLot 5901 in Deposited Plan 241856 shall be subject to the following easements in favour of The Broken Hill Water Board and shown within that lot:\n\n> Easements (two) to drain sewage, each 20 feet wide.\n\n> Easement for pipes for the conveyance of water, 20 feet wide.","sortOrder":12}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: transferring specific tramway lands to the Silverton Tramway Company while protecting government mining interests and water infrastructure. The scope has not expanded beyond this discrete land transaction."},"complexity_factors":["Only 2 defined terms in the interpretation section ('the Company' and 'the scheduled lands')","Extensive nested subsections in section 4 (subsection 2 contains paragraphs a-e, with paragraph b containing nested sub-paragraphs i-ii)","Dense, single-sentence provisions with multiple conditional clauses, particularly section 4(2)(c) which runs over 150 words with multiple 'whether before or after' temporal conditions","Cross-references to three external Acts (Public Roads Act 1902, Real Property Act 1900, Stamp Duties Act 1920) and two repealed historical Acts","Specific technical land descriptions referencing deposited plan numbers, parish/county boundaries, and historical Gazette notices from 1887, 1888, 1934, 1948, 1951, and 1963","Complex reservation of rights structure in section 4(2) creating multiple layers of exceptions to the grant of ownership"],"plain_english_summary":"This law transfers ownership of specific land in Broken Hill and Thackaringa (in outback New South Wales) from the government to a private company called The Silverton Tramway Company Limited.\n\n**What it does:**\n- **Closes public roads** that run through the land being transferred, so the public no longer has right of way there.\n- **Cancels old government reservations** that had set aside the land for tramway use back in the 1880s.\n- **Transfers full ownership** of the land to the Silverton Tramway Company, but with important catches:\n  - The company only owns down to 50 feet below the surface—anything deeper stays with the government.\n  - The government keeps the right to build public roads through the land whenever it wants.\n  - The company cannot sue the government or mining companies for any damage caused by underground mining, even if the ground sinks or shifts.\n- **Creates easements** (legal rights to use someone else's land) for the Broken Hill Water Board to run electricity lines, water pipes, and sewage drains across parts of the land.\n- **Issues land titles** to the company without the usual fees and paperwork hassles.\n- **Repeals old laws** from 1886 and 1888 that originally governed the tramway.\n\n**Who it affects:**\n- The Silverton Tramway Company (gets the land).\n- The Broken Hill Water Board (gets rights to maintain infrastructure).\n- The NSW Government (keeps mining rights and future road-building powers).\n- Anyone who might have used the closed roads (loses public access).\n\n**Why it matters:**\nThis is a classic example of a \"private bill\"—legislation written for one specific company to sort out messy historical land arrangements. The Silverton Tramway was crucial to Broken Hill's mining boom, and this 1972 Act cleaned up the legal tangle of 19th-century land grants, converting old tramway rights into modern freehold ownership while protecting the region's vital mining and water infrastructure interests."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have remained exactly as originally enacted in 1972, with no amendments ever made. The scope has not changed — it was always intended as a single-purpose, once-off land transfer mechanism and continues to serve only that historical record function."},"complexity_factors":["The actual text of the legislation is not provided — only metadata and navigation elements from the NSW legislation website are available, limiting full analysis","Vesting acts are inherently narrow and mechanical in nature, typically involving straightforward property transfer with little interpretive complexity","No amendments have been made since 1972, indicating no layered or evolving provisions to untangle","Historical context (closure of a private tramway) is relatively simple and well-documented","No ongoing regulatory obligations, compliance requirements, or enforcement mechanisms typical of more complex legislation"],"plain_english_summary":"The Silverton Tramway Land Vesting Act 1972 is a narrow, historical NSW law that vested ownership of land occupied by the closed Silverton Tramway in a government body/the Crown. It primarily affected the former landowners and the receiving authority; ordinary members of the public were unlikely to be impacted. The transfer is complete and the Act now remains on the books as a historical record."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Relative to earlier enactments the Act both transfers land to the Company and narrows its practical rights: it expressly excludes deep minerals (s4(2)(a)), reserves power to set out public ways (s4(2)(b)), and bars the Company from claiming damages for mining-related subsidence (s4(2)(c)–(d)). It also repeals the 1886 and 1888 Silverton Tramway Acts and denies any entitlement under them (s8(1)–(2)), thereby changing the historical scope of the Company's legal rights over the lands."},"complexity_factors":["Vesting of land in fee simple while expressly excluding sub-surface minerals below 50 feet (s4(1)–(2)(a))","Reservation for future public ways and associated ingress/egress rights subject to executive decision (s4(2)(b))","Broad waiver by the Company of any claims against the Crown or miners for subsidence or letting down (s4(2)(c)–(d))","Creation and registration of multiple utility and carriage-way easements benefitting The Broken Hill Water Board and neighbouring land (s5; Sch 3)","Closure of roads and revocation/extinguishment of earlier reserves and easements (s3)","Instruction to Registrar‑General to issue titles without investigating historic title, but to record statutory reservations and easements (s6)","Exemption from stamp duty for the issued titles, affecting transaction cost (s7)","Repeal of earlier Silverton Tramway Acts and express negation of historical entitlements (s8)","Cross-references to other statutes (Real Property Act 1900; Public Roads Act 1902; Stamp Duties Act 1920) and dependence on deposited plan descriptions in schedules (s3(3); s6; s7; Schedules 1–3)"],"plain_english_summary":"This Act vests the parcels listed in the First Schedule in The Silverton Tramway Company Limited in fee simple while excluding minerals below 50 feet and reserving rights for public ways (s4). It closes specified roads and revokes certain reserves (s3), creates easements in favour of The Broken Hill Water Board (s5, Sch 3), requires the Registrar‑General to issue certificates of title without further title investigation (s6) and exempts those titles from stamp duty (s7). It also repeals the 1886/1888 Silverton Tramway Acts and denies the Company prior entitlements (s8)."}},"importantCases":[],"_links":{"self":"/api/acts/silverton-tramway-land-vesting-act-1972","history":"/api/acts/silverton-tramway-land-vesting-act-1972/history","analysis":"/api/acts/silverton-tramway-land-vesting-act-1972/analysis","conflicts":"/api/acts/silverton-tramway-land-vesting-act-1972/conflicts","importantCases":"/api/acts/silverton-tramway-land-vesting-act-1972/important-cases","documents":"/api/acts/silverton-tramway-land-vesting-act-1972/documents"}}