Victorian Legislation Parliamentary Documentsi
Version No. 001
Altona Railway Act 1927
Act No. 3517/1927
Version as at 8 October 1999
TABLE OF PROVISIONS
Section Page
Short title 1
Definitions 2
Ratification of Agreement 2
Railway and railway lands 3
Restrictions on use of lands underlying and adjoining the
railway lands 3
Compensation for additional lands taken by the Commissioners
to be limited 3
Commissioners not bound to fence 4
Audit and Land Acts not affected 4
SCHEDULE—Memorandum of Agreement 5
═══════════════
ENDNOTES 14
General Information 14
Table of Amendments 15
Explanatory Details 16
Victorian Legislation Parliamentary Documents1
Version No. 001
Altona Railway Act 1927
Act No. 3517/1927
Version as at 8 October 1999
An Act to approve and ratify and provide for carrying out an
Agreement between Altona Beach Estates Limited the Premier
of the State of Victoria and Arthur Rickard and Co. Limited
respecting the Transfer to the State of the Altona Railway and
for other purposes.
Preamble
WHEREAS Altona Beach Estates Limited (a
company incorporated in accordance with the law
of New South Wales) the Premier of the State of
Victoria for and on behalf of and duly authorized
by the Government of the said State and Arthur
Rickard & Co. Limited (a company which is also
incorporated in accordance with the law of New
South Wales) have entered into the Agreement a
copy of which is set out in the Schedule to this
Act:
AND WHEREAS it is desirable to approve and
ratify the said Agreement and to provide for
carrying out the provisions thereof:
BE IT THEREFORE ENACTED by the King's Most
Excellent Majesty by and with the advice and consent of the
Legislative Council and the Legislative Assembly of Victoria
in this present Parliament assembled and by the authority of
the same as follows (that is to say):
Short title
This Act may be cited as the Altona Railway Act
Victorian Legislation Parliamentary DocumentsAct No. 3517/1927
Altona Railway Act 1927
2
2. Definitions
In this Act unless inconsistent with the context or
subject-matter—
"Commissioners" means The Victorian Railways
Commissioners constituted as provided by
the Railways Acts;
"Company" means Altona Beach Estates
Limited;
the "Agreement" means the Agreement a copy of
which is set out in the Schedule to this Act;
the "railway lands" means the lands more
particularly described in sub-clauses 2, 3, 4
and 5 of Clause II of the Agreement;
the "said railway" means the railway which has
been constructed on the lands coloured red
on the plans referred to in the Agreement,
and includes the stations bridges approaches
buildings culverts fences gates machinery
telegraph and telephone wires instruments
and other telegraphic and telephonic works
and apparatus station fittings and furniture
stores plant materials and all other property
works conveniences and effects of every
kind which at the date of the Agreement
were vested in or belonged to the company
and formed part and parcel of or were
reputed to form part and parcel of the said
railway.
3. Ratification of Agreement
The Agreement is hereby approved and ratified
and shall be deemed and taken to be part of this
Act and anything necessary for carrying out the
provisions thereof may be done or suffered by the
Minister the Commissioners or the company as
the circumstances of the case require.
s. 2
Victorian Legislation Parliamentary DocumentsAct No. 3517/1927
Altona Railway Act 1927
3
4. Railway and railway lands
(1) The Minister shall direct the company to transfer
the said railway and the railway lands to the
Commissioners.
(2) Upon the said transfer being effected the said
railway and the railway lands and the inheritance
thereof in fee simple shall be and be deemed to
have been vested in the Commissioners as on and
from the first day of October One thousand nine
hundred and twenty-four for the purposes of the
Railways Acts, but subject nevertheless to the
provisions of the Agreement.
(3) All laws by-laws and regulations for the time
being in force on or in respect of the railways
vested in the Commissioners shall so far as the
same are respectively capable of being applied be
in force on and in respect to the said railway.
5. Restrictions on use of lands underlying and
adjoining the railway lands
The covenants and agreements by the company
contained in clauses V VII and VIII of the
Agreement shall attach to and run with the lands
of the company which are mentioned in the said
clause V, and shall bind the said lands in
whosesoever hands the same shall be, but the
owner and occupier for the time being of the said
lands shall subject to the provisions of clause VI
of the Agreement be at all times entitled to the
benefit of the said clause VI.
6. Compensation for additional lands taken by the
Commissioners to be limited
Notwithstanding anything contained in the Lands
Compensation Acts the amount of purchase
money or compensation payable for or in respect
of any land which, during the period of five years
next after the commencement of this Act, is
s. 4
Victorian Legislation Parliamentary DocumentsAct No. 3517/1927
Altona Railway Act 1927
4
purchased or taken by the Commissioners for or is
used by the Commissioners in connexion with or
is likely to be injured in or prejudicially affected
by the execution of any works on the said railway
shall not exceed the value of the land on the
twenty-ninth day of March One thousand nine
hundred and twenty-six.
7. Commissioners not bound to fence
On the said railway the Commissioners shall not
be bound to erect or to contribute to the erection
of any dividing or other fence or to erect gates or
to employ gatekeepers at any public or occupation
road-crossing nor shall the Commissioners be
liable for any damage which may be caused by the
absence of gates or of gatekeepers at any such
crossing or by reason of the said railway not being
fenced in or fenced off.
8. Audit and Land Acts not affected
Nothing in this Act shall affect or in any manner
alter or vary any of the provisions contained in the
Audit Acts or in any Act relating to Crown lands.
s. 7
Victorian Legislation Parliamentary DocumentsAct No. 3517/1927
Altona Railway Act 1927
5
SCHEDULE
MEMORANDUM OF AGREEMENT made the Twenty-ninth day of March
One thousand nine hundred and twenty-six Between ALTONA BEACH
ESTATES LIMITED a company duly incorporated in accordance with the
law of the State of New South Wales and carrying on business in the State of
Victoria at 98 Elizabeth-street Melbourne (hereinafter called "the Company"
which expression where the context admits or requires shall be deemed to
extend to and to include its assigns) of the first part the HONORABLE
JOHN ALLAN in his capacity as the Premier of the State of Victoria and for
and on behalf of and duly authorized by the Government of the said State
(hereinafter called "the Minister" which expression where the context admits
or requires shall be deemed to extend to and to include the successors in
office and assigns of the Honorable John Allan and the officers servants and
agents of the Government of the State of Victoria) of the second part and
ARTHUR RICKARD AND CO. LIMITED a company which is also duly
incorporated in accordance with the law of New South Wales and has its
registered office at 84B Pitt-street Sydney (hereinafter called "the Guarantor"
which expression where the context admits or requires shall be deemed to
extend to and to include its assigns) of the third part:
WHEREAS the Company is the owner of the lands delineated and colored
red blue yellow purple and brown on the plans certain copies of which have
been sealed by the Company and the Guarantor and deposited in the office of
the Minister and other copies of which have been signed by the Minister and
deposited in the office of the Company AND of the railway which has been
constructed on the said lands colored red on the said plans:
AND WHEREAS pursuant to the provisions of an agreement made the
Twenty-eighth day of November One thousand nine hundred and seventeen
between the Company of the one part and The Victorian Railways
Commissioners of the other part the said The Victorian Railways
Commissioners (who are hereinafter referred to as "the Commissioners")
entered into possession of that portion of the said railway situate between the
points marked "A" and "B" on the said plans and proceeded to use the said
portion of the said railway for the purpose of working the train service
mentioned in the said agreement:
AND WHEREAS it is provided in the said agreement that in the event of
there being any deficiency between the revenue derived by the
Commissioners from their user of the said portion of the said railway and the
actual costs incurred or moneys expended by them in working the said train
service under the guarantee of the said Company which was terminated in the
manner prescribed by the said agreement as on the First day of October One
thousand nine hundred and twenty-four the Company shall on demand pay
the amount of such deficiency to the Commissioners:
Section 2.
Sch.
Victorian Legislation Parliamentary DocumentsAct No. 3517/1927
Altona Railway Act 1927
6
AND WHEREAS there is now due and owing by the Company to the
Commissioners pursuant to the provisions of the said agreement the sum of
Seven thousand two hundred and eighty-nine pounds three shillings and
sevenpence:
AND WHEREAS the Company is unable immediately to pay the said sum to
the Commissioners but has represented to the Minister that if the Government
of the State of Victoria were to acquire the said railway and vest the same in
the Commissioners for the purposes of the Railways Acts of the said State it
could arrange for the provision of funds which would enable it to pay to the
Commissioners in the instalments hereinafter provided for the said sum of
Seven thousand two hundred and eighty-nine pounds three shillings and
sevenpence and interest thereon calculated at the rate of Six pounds per
centum per annum for the period commencing upon the Eighteenth day of
November One thousand nine hundred and twenty-four (being the date upon
which an account of the amount due to them pursuant to the provisions of the
said agreement was last rendered to the Company by the Commissioners) and
ending upon the date of the execution of this agreement:
AND WHEREAS to facilitate the acquisition of the said railway by the said
Government the Company has offered to transfer and/or surrender the said
railway and the lands and property hereinafter more particularly described to
His Majesty King George the Fifth or as the Minister may direct provided
that the Minister agrees that the Commissioners will operate and continue to
operate the said railway as portion of the Melbourne suburban system and
will with all reasonable despatch proceed to convert the said railway so that
electricity may be used as a motive power thereon:
AND WHEREAS the Minister has agreed to accept the Company's offer
upon condition that the Company pays the said sum together with interest
thereon as aforesaid to the Commissioners in the instalments hereinafter
mentioned and provides a surety for the due and punctual payment of the said
instalments:
AND WHEREAS the Company has requested the Minister to accept the
Guarantor as a surety as aforesaid and the Minister has agreed so to do:
NOW THESE PRESENTS WITNESS:
I. THE Company shall:
Immediately upon the execution of this agreement pay
unto the Commissioners—
(i) the sum of Three thousand six hundred and
forty-four pounds eleven shillings ninepence
and one-halfpenny being a moiety of the said
sum of Seven thousand two hundred and
eighty-nine pounds three shillings and
sevenpence;
Sch.
Victorian Legislation Parliamentary DocumentsAct No. 3517/1927
Altona Railway Act 1927
7
(ii) interest calculated at the rate of Six pounds per
centum per annum on the said sum of Seven
thousand two hundred and eighty-nine pounds
three shillings and sevenpence for the period
commencing on the Eighteenth day of
November aforesaid and ending on the day of
the execution of this agreement.
2. Pay the other moiety of the said sum of Seven
thousand two hundred and eighty-nine pounds three
shillings and sevenpence to the Commissioners in
three instalments of One thousand pounds each and
one instalment of Six hundred and forty-four pounds
eleven shillings ninepence and one-halfpenny the said
instalments to be paid at regular half-yearly intervals
reckoned from the date upon which the payments
provided for in sub-clause 1 of this Clause are made.
3. Pay interest to be calculated at the rate of Six pounds
per centum per annum on the balance of the other
moiety aforesaid from time to time remaining unpaid
until the whole of the said moiety shall be paid the
said interest to be paid on the said half-yearly days
and to be computed in the first instance from the date
upon which the payments provided for in sub-clause 1
of this Clause are made and thereafter from the last
preceding half yearly day.
II. UPON the payment by the Company to the Commissioners
of the sums mentioned in sub-clause 1 of Clause I hereof the
Company in consideration of the agreement by the Minister
hereinafter contained will transfer and/or surrender unto His
Majesty King George the Fifth or as the Minister shall
direct:
ALL THAT the said railway including the stations
bridges approaches buildings culverts fences gates
machinery telegraph and telephone wires instruments
and other telegraphic and/or telephonic works and
apparatus station fittings and furniture stores plant
materials and all other property works conveniences
and effects of every kind which at the date of this
agreement were vested in or belonged to the Company
and formed part and parcel of or were reputed to form
part and parcel of the said railway.
The surface and down to a depth of Fifty feet below
the surface of the lands upon which the said railway is
constructed which lands are colored red on the plans.
Sch.
Victorian Legislation Parliamentary DocumentsAct No. 3517/1927
Altona Railway Act 1927
8
3. At the option of the Minister to be exercised within
Twenty-four calendar months of the date of the
execution of these presents—
(i) the surface and down to a depth of Fifty feet
below the surface of the lands colored yellow
and brown on the plans which lands may
hereafter be required for the construction and
maintenance of an extension of the said
railway; or
(ii) the surface and down to a depth of Fifty feet
below the surface of the lands colored purple
and brown on the plans which lands may
hereafter be required for the construction and
maintenance of portion of an extension of the
said railway.
4. The surface and down to a depth of Fifty feet below
the surface of the lands colored blue on the plans
which lands may hereafter be required in order to
permit of the traffic on the said railway being more
efficiently worked.
5. The surface and down to a depth of Fifty feet below
the surface of any other lands which are vested in or
belong to the Company and are occupied or used by it
or by the Commissioners in connection with the said
railway.
AND the Minister on behalf of His Said Majesty will accept a transfer and/or
surrender of the said railway property and lands and will do what lawfully
may be done by him towards vesting the same in the Commissioners for the
purposes of the Railways Acts AND he hereby agrees with the Company that
the Commissioners will operate and continue to operate the said railway as
portion of the Melbourne suburban system and will with all reasonable
despatch proceed to convert the said railway so that electricity may be used
as a motive power thereon.
III. THE Company shall:
Forthwith prepare and deliver to the Crown Solicitor
for the State of Victoria—
(i) a full and complete inventory of the personal
property owned by it and used by it or by the
Commissioners in connection with the said
railway;
Sch.
Victorian Legislation Parliamentary DocumentsAct No. 3517/1927
Altona Railway Act 1927
9
(ii) full and complete particulars of the several
stations bridges approaches buildings culverts
fences gates telegraphic and/or telephonic
works or apparatus lines of way and other
works and appliances in the nature of fixtures
which are owned by the Company and form
part and parcel of or are reputed to form part
and parcel of the said railway;
(iii) abstracts or other sufficient particulars of its
titles to all of the lands which it has hereby
agreed to transfer and/or surrender together
with all surveys and surveyor's description of
such lands which it may have in its possession.
2. Produce to the said Crown Solicitor all deeds and
documents required to be produced in support or in
verification of its title to such lands.
IV. THE estate in the said lands which the Company shall by
this agreement be bound to transfer and/or surrender shall be
an unencumbered estate of fee simple in the whole of the
said lands as above described but only insofar as the same
may be comprised in the present titles held by the Company
PROVIDED THAT the provisions of this Clause shall not
apply to any obligation created by an exception reservation
covenant or condition contained in the original Crown Grant
of any of the said lands or to the covenants and conditions
contained in Instrument of Transfer registered No. 403084
or to any easements subsisting over or upon or affecting the
said lands or to any obligation subject to which the Minister
may decide to accept a transfer and/or surrender of the said
lands.
V. THE Company shall retain for its own use all other parts
below Fifty feet of the said lands but subject always to the
following condition and the Company (subject to the
provisions of Clause IV hereof) hereby covenants with the
Minister in manner following that is to say that it will not
use for actual mining the lands underlying the said depth of
Fifty feet of the said lands to be transferred and/or
surrendered as aforesaid or the other lands belonging to the
Company and extending for Three chains laterally on either
side of the said lands to be transferred and/or surrendered.
Sch.
Victorian Legislation Parliamentary DocumentsAct No. 3517/1927
Altona Railway Act 1927
10
VI. IT is hereby agreed that in order to provide efficient means
of communication between mine workings of the Company
situate on either side of the lands mentioned in Clause V
hereof the Company may construct and maintain tunnels
ways or other works at any working level in such lands
below Fifty feet PROVIDED THAT:
Tunnels ways or other works in the lands belonging to
the Company and underlying the said lands to be
transferred and/or surrendered shall not exceed
Twenty feet in width and Ten feet in height and shall
be adequately supported in the middle and that two
such tunnels ways or other works shall not be placed
at a less distance than One chain and half a chain
laterally from each other.
Tunnels ways or other works in the lands belonging to
the Company and extending for Three chains laterally
on either side of the said lands to be transferred and/or
surrendered shall not exceed Twenty feet in width and
Ten feet in height and that two such tunnels ways or
other works shall not be placed at a less distance than
One chain and half a chain laterally from each other.
Upon any such tunnel way or other work being
abandoned or no longer required by the Company it
shall be properly and securely stowed up in
accordance with the most approved practice of mining
engineers and in such a way as to prevent subsidence
of the lands above it.
VII. THE Commissioners and their officers with or without
surveyors miners workmen and others shall be entitled at
any reasonable time to enter upon the lands of the Company
more particularly referred to in Clauses V and VI hereof in
order to ascertain if the Company is fulfilling the obligations
imposed upon it by the said Clauses and for that purpose
they shall be entitled to use free of charge the pits shafts
tunnels ways and other mining works of the Company which
it will be necessary for them to use in order to obtain ingress
to and egress from the said lands and any mining plant and
machinery of the Company which is in or upon or is used in
connection with any such pit shaft tunnel way or other
mining work and to have any assistance from the miners
workmen and others employed by the Company which is in
the circumstances of the particular case necessary and
reasonable.
Sch.
Victorian Legislation Parliamentary DocumentsAct No. 3517/1927
Altona Railway Act 1927
11
VIII. THE Company shall not agree to assign its lands or any part
or parts thereof (which are more particularly referred to in
Clauses V and VI hereof) until it has given unto the
proposed assignee notice of the existence of the covenants
and agreements by it contained in the said Clauses and in
Clause VII hereof AND in every deed or other document
containing an agreement by the Company to assign the said
land or any part or parts thereof or by means of which effect
is sought to be given to any such agreement it shall be
expressed that the agreement therein made or sought to be
given effect to shall be subject to the obligations and
restrictions created by the said covenants and agreements.
IX. IF at any time any question dispute or difference shall arise
between the Company and the Minister touching:
The true intent or construction of these presents; or
The carrying into effect of any of the clauses hereof;
or
Any of the incidents or consequences hereof; or
Any breach or non-performance or alleged breach or
non-performance of any of the provisions hereof with
the exception of the provisions of Clauses I and X
hereof; or
Any liability damages losses costs or expenses arising
out of any such breach or non-performance aforesaid;
or
Any claim or demand of whatsoever nature in
anywise relating to the premises
such question dispute or difference shall unless the parties
agree in the appointment of a single arbitrator be referred to
two arbitrators one to be appointed by each party hereto and
such arbitrators shall before they enter upon the
determination of the matters referred to them nominate and
appoint by writing under their hands an umpire to decide
any matters on which they shall differ or which shall be
referred to him by them and the Arbitration Act 1915 of
the State of Victoria and any statutory modification or
re-enactment thereof shall apply to any such arbitration.
X. IN consideration of the premises the Guarantor to the intent
that the guarantee hereby given shall be construed as a
continuing guarantee hereby covenants and agrees with the
Minister that if the Company shall fail or neglect to pay
punctually unto the Commissioners the sums mentioned in
Sch.
Victorian Legislation Parliamentary DocumentsAct No. 3517/1927
Altona Railway Act 1927
12
Clause I hereof or any of them or the interest mentioned in
the said Clause or any part thereof the Guarantor shall from
time to time within Fourteen days of the service upon it of a
notice in writing under the seal of the Commissioners setting
out the amount which the Company has failed or neglected
to pay unto the Commissioners pay unto the Commissioners
the amount in the particular notice set out.
XI. ANY notice required to be served upon the Guarantor
pursuant to the provisions of Clause X hereof shall be
sufficiently served if addressed to the Guarantor and if
forwarded by a registered letter addressed to it at its last
registered office in the said State of New South Wales.
XII. THE liability of the Guarantor hereunder shall not be in any
way released or discharged by reason of any time or other
indulgence being granted by the Minister to the Company
whereby the time or mode of payment by the Company of
the whole or of any portion of the moneys referred to in
Clause I of these presents may be altered or involved.
XIII. NOTHING in these presents contained shall be construed:
So as to effect the liability of the Company to pay
unto the Commissioners the said sum of Seven
thousand two hundred and eighty-nine pounds three
shillings and sevenpence or so as to prejudice in any
way the rights of the Commissioners under the said
agreement of the Twenty-eighth day of November
One thousand nine hundred and seventeen.
As imposing upon the Minister or upon the
Commissioners an obligation to operate the said
railway in perpetuity regardless of the fact that its
operation involves the Government of Victoria or the
Commissioners in a loss but on the contrary the
Minister or the Commissioners (as the case may
require) shall be entitled to close the said railway if
the Commissioners after having considered all of the
circumstances of the case in accordance with the
practice ordinarily followed by them in dealing with a
railway which is being worked at a loss are of the
opinion that the said railway should be closed.
XIV. SHOULD the Commissioners at any time within a period of
Ten years from the date hereof cease to operate the said
railway as portion of the Melbourne suburban system of the
Victorian State Railways or fail to use or continue to use any
portion of the lands described in paragraphs 2 and 3 of
Clause II hereof then in the former of the said cases the
Sch.
Victorian Legislation Parliamentary DocumentsAct No. 3517/1927
Altona Railway Act 1927
13
Minister on behalf of His Majesty shall forthwith transfer or
procure a re-transfer to the Company of the railway property
and lands aforesaid and in the latter of such events shall
transfer or procure a re-transfer to the Company of the
portion of the said lands which the Commissioners have
failed to use or to continue to use.
IN WITNESS whereof the parties hereto have executed these presents the
day and the year first above written.
THE COMMON SEAL of ALTONA
BEACH ESTATES LIMITED was
hereunto affixed by Arthur Lancelot
Rickard and Arthur Bernard Davies two
of the Directors of the said Company in
the presence of
ARTHUR L. RICKARD (L.S.)
A. B. DAVIES
E. A. LIVI, Secretary.
SIGNED SEALED and DELIVERED
by the Honorable John Allan in the
presence of
JOHN ALLAN (L.S.)
H. T. VICKERS, Secretary to the Premier.
THE COMMON SEAL of ARTHUR
RICKARD AND CO. LIMITED was
hereunto affixed by its Attorneys Arthur
Lancelot Rickard and Theophilus
Corbett in the presence of
ARTHUR L. RICKARD (L.S.)
T. CORBETT
F. R. SNOWBALL, Secretary.
═══════════════
Sch.
General Information
The Altona Railway Act 1927 was assented to on 5 October 1927 and came
into operation on 5 October 1927.
Endnotes
Victorian Legislation Parliamentary DocumentsAct No. 3517/1927
Altona Railway Act 1927
15
2. Table of Amendments
There are no amendments made to the Altona Railway Act 1927 by Acts
and subordinate instruments.
Endnotes
Victorian Legislation Parliamentary DocumentsAct No. 3517/1927
Altona Railway Act 1927
16
3. Explanatory Details
No entries at date of publication.
Endnotes