Victorian Legislation and Parliamentary Documentsi
Version No. 001
River Entrance Docks Railway Construction
Act 1970
Act No. 8009/1970
Version incorporating amendments as at 21 February 2001
TABLE OF PROVISIONS
Section Page
Victorian Legislation and Parliamentary Documents1
Version No. 001
River Entrance Docks Railway Construction
Act 1970
Act No. 8009/1970
Version incorporating amendments as at 21 February 2001
An Act to authorize the Construction of a Line of Railway to
connect Melbourne with the Docks at the Mouth of the Yarra
River and for other purposes.
BE IT ENACTED by the Queen'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 River Entrance
Docks Railway Construction Act 1970.
Definitions
In this Act unless inconsistent with the context or
subject-matter—
"Authority" means the "State Transport
Authority";
Long Title
amended by
No. 9832 s. 2.
S. 2 def. of
"Board"
amended by
No. 9832
s. 3(a),
substituted as
"Authority" by
No. 9921
s. 255
(Sch. 12).
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River Entrance Docks Railway Construction Act 1970
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"land" includes all real estate messuages lands
tenements and hereditaments of any tenure
and easements rights and privileges over in
or affecting land.
3. Power to Authority to construct railway
(1) The Authority may make and construct the
following railway and all proper works and
conveniences in connexion therewith:
A one thousand six hundred millimetres gauge
railway commencing at or near the junction of
Pigott Street and Footscray Road on the railway
connexion to North Wharf from the Melbourne
Goods Yard and terminating at or near the
boundary of lands in the vicinity of the mouth of
the Yarra River which are vested in or under the
control of the Port of Melbourne Authority and on
which are situated certain docks in the line and
upon the lands described in the Schedule to this
Act, to be called the River Entrance Docks
Railway.
(2) It shall be lawful to deviate from the line of the
said railway on either side thereof at any part
thereof; and in consequence of such deviation the
said line may be increased in length to an extent
of not more than one-tenth of the length of the line
as shown in the said Schedule.
S. 2 def. of
"Commiss-
ioners"
repealed by
No. 9832
s. 3(b).
S. 3(1)
substituted by
No. 9832 s. 4,
amended by
No. 9921
s. 255
(Sch. 12).
s. 3
S. 4
repealed by
No. 9921
s. 255
(Sch. 12).
Victorian Legislation and Parliamentary DocumentsAct No. 8009/1970
River Entrance Docks Railway Construction Act 1970
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5. Power to take lands required for railways
(1) The Authority may take and use, and acquire by
agreement or compulsorily, any land which
appears to the Authority to be required for the
construction of the railway works and
conveniences authorized by this Act.
(2) For the purposes of this Act the Authority may
close divert take and use any road or portion of a
road.
(3) In the exercise of the powers granted by this Act
the Authority and other persons shall do as little
damage as may be.
6. Incorporation of Lands Compensation Act 1958
(1) The Lands Compensation Act 1958 is hereby
incorporated with this Act and shall be construed
together herewith as one Act and subject to this
Act shall take effect with regard to the acquisition
or use of land for the purpose of the construction
of the railway works and conveniences authorized
by this Act and with regard to the making of
compensation to all persons interested in any
lands or hereditaments to be acquired for or used
in connexion with or injured or prejudicially
affected by such works or by other land of the
same person being severed therefrom.
(2) In the construction of the Lands Compensation
Act 1958 for the purposes of this section unless
inconsistent with the context or subject-matter—
s. 5
S. 5(1)
amended by
No. 9921
s. 255
(Sch. 12).
S. 5(2)
amended by
No. 9921
s. 255
(Sch. 12).
S. 5(3)
amended by
No. 9921
s. 255
(Sch. 12).
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River Entrance Docks Railway Construction Act 1970
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"the Minister of Public Works" or "Minister"
means the Authority;
"the Special Act" means this Act.
7. Extent of liability in relation to fences
(1) In the construction of the said line of railway, the
Authority shall erect on the said line of railway
such dividing and other fences as it deems
necessary.
(2) Notwithstanding anything to the contrary in any
Act, the Authority shall not—
(a) be liable to maintain, or contribute to the
maintenance of, any such fences once
erected; or
(b) be liable for any damage which may be
caused by reason of any portion of the said
line of railway not being fenced in or fenced
off.
(3) Notwithstanding anything to the contrary in any
Act, the Authority shall not—
(a) be liable to erect or maintain, or contribute to
the erection or maintenance of, any dividing
or other fence on the said line of railway; or
(b) be liable for any damage which may be
caused by reason of any portion of the said
line of railway not being fenced in or fenced
off.
S. 6(2) def. of
"the Minister
of Public
Works" or
"Minister"
amended by
Nos 9832 s. 5,
9921 s. 255
(Sch. 12).
S. 7(1)
amended by
No. 9921
s. 255
(Sch. 12).
s. 7
S. 7(2)
amended by
No. 9921
s. 255
(Sch. 12).
S. 7(3)
amended by
Nos 9832 s. 6,
9921 s. 255
(Sch. 12).
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River Entrance Docks Railway Construction Act 1970
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8. Laws, by-laws etc. to be in force
All laws by-laws regulations and conditions for
the time being in force on the railways vested in
the Authority shall so far as the same are capable
of being applied be in force on the railway
authorized by this Act to be constructed.
9. Audit Act and Land Acts not affected
Nothing in this Act shall affect or in any manner
alter or vary any of the provisions of the Audit
Act 1958 or of any Acts relating to Crown lands.
S. 8
amended by
Nos 9832 s. 6,
9921 s. 255
(Sch. 12).
s. 8
Victorian Legislation and Parliamentary DocumentsAct No. 8009/1970
River Entrance Docks Railway Construction Act 1970
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SCHEDULE
RIVER ENTRANCE DOCKS RAILWAY
Commencing on or near Footscray Road on the railway connexion to North
Wharf from the Melbourne Goods Yard in the Parish of Melbourne North
and proceeding thence for about 5⋅7 kilometres, passing in a southerly
direction along the Charles Grimes Bridge northern approach road, thence
passing over the Yarra River, thence passing in a westerly direction along
Lorimer Street, thence in a southerly direction along Todd Road, thence in a
south westerly direction terminating at the boundary of the lands vested in or
under the control of the Port of Melbourne Authority and on which certain
docks are situated and certain other docks and certain facilities for the
handling of cargo are proposed to be constructed in the Parish of Melbourne
South.
═══════════════
Section 3.
Sch.
substituted by
No. 9832 s. 7.
Sch.
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River Entrance Docks Railway Construction Act 1970
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ENDNOTES
General Information
The River Entrance Docks Railway Construction Act 1970 was assented
to on 24 November 1970 and came into operation on 24 November 1970.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 8009/1970
River Entrance Docks Railway Construction Act 1970
8
2. Table of Amendments
This Version incorporates amendments made to the River Entrance Docks
Railway Construction Act 1970 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
River Entrance Docks Railway Construction (Amendment) Act 1982,
No. 9832/1982
Assent Date: 21.12.82
Commencement Date: 21.12.82: s. 1(2)
Current State: All of Act in operation
Transport Act 1983, No. 9921/1983
Assent Date: 23.6.83
Commencement Date: S. 255(Sch. 12) on 1.7.83: s. 1(2)(c)
Current State: This information relates only to the provision/s
amending the River Entrance Docks Railway
Construction Act 1970
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 8009/1970
River Entrance Docks Railway Construction Act 1970
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3. Explanatory Details
No entries at date of publication.
Endnotes