Victorian Legislation and Parliamentary Documentsi
Version No. 001
Sale Station Relocation and Development Act
1981
Act No. 9637/1981
Version incorporating amendments as at 2 March 2001
TABLE OF PROVISIONS
Section Page
PART I—PRELIMINARY 2
Short title and commencement 2
Definitions 2
Purposes of Act 3
PART II—RAILWAY CONSTRUCTION 5
Power of Authority to construct Sale Loop Railway 5
Power to enter upon land and construct loop 5
Repealed 6
Land Acquisition and Compensation Act 1986 to apply 6
Vesting of land 6
No duty to fence 7
Law, by-laws etc. to be in force 7
Audit Act and Acts relating to Crown lands not affected 7
PART III—FINANCIAL 8
Council may obtain overdraft 8
Account 8
Council to pay costs etc. of Authority 9
PART IV—DEVELOPMENT 10
Partnership, joint ventures etc. 10
Powers of Council and the Authority in relation to land 10
Definition 11
Requirements etc. of other Acts to apply 11
Validation of Council actions 11
Victorian Legislation and Parliamentary DocumentsSection Page
ii
SCHEDULES 13
SCHEDULE 1—Land 13
SCHEDULE 2—Sale Loop Railway 14
═══════════════
ENDNOTES 15
General Information 15
Table of Amendments 16
Explanatory Details 17
Victorian Legislation and Parliamentary Documents1
Version No. 001
Sale Station Relocation and Development Act
1981
Act No. 9637/1981
Version incorporating amendments as at 2 March 2001
An Act to authorize the Relocation of the Sale Railway Station,
the development of the said railway station land, and for other
purposes.
Preamble
WHEREAS the Victorian Railways Board is
vested of certain Crown land and is the registered
proprietor of certain freehold land in the municipal
district of Sale on which is constructed the Sale
railway station and associated facilities:
AND WHEREAS it is desirable that the Sale
railway station be relocated out of the main
township of the City of Sale to other land within
the municipality:
AND WHEREAS in order to enable the station to
be relocated it is necessary to connect the
Gippsland Railway with the Sale and Stratford
Railway by means of a loop railway:
AND WHEREAS the City of Sale desires to obtain
ownership of the land on which the Sale railway
station is presently constructed and to develop the
said railway station land as a Commercial, Retail
and Residential complex either in its own right or
in association with the Railway Construction and
Property Board:
AND WHEREAS the City of Sale desires to
borrow moneys to develop the said railway station
land:
Victorian Legislation and Parliamentary DocumentsPart I—Preliminary
Sale Station Relocation and Development Act 1981
Act No. 9637/1981
2
AND WHEREAS it is expedient to use part of the
moneys so borrowed to reimburse the General
Fund of the City of Sale by a sum equal to the
amount of the moneys already expended from the
General Fund by the City of Sale on the purchase
of land and the development of the said railway
station land:
BE IT THEREFORE 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):
PART I—PRELIMINARY
Short title and commencement
(1) This Act may be cited as the Sale Station
Relocation and Development Act 1981.
(2) The several provisions of this Act shall come into
operation on the day or the respective days to be
fixed by proclamation or the successive
proclamations of the Governor in Council
published in the Government Gazette.
Definitions
In this Act unless inconsistent with the context or
subject-matter—
"Authority" means the State Transport Authority
established under the Transport Act 1983;
"Council" means the Mayor, Councillors and
Citizens of the City of Sale;
s. 1
S. 2 def. of
"Authority"
inserted by
No. 9921
s. 255
(Sch. 12).
Victorian Legislation and Parliamentary DocumentsPart I—Preliminary
Sale Station Relocation and Development Act 1981
Act No. 9637/1981
3
"develop" means to improve the land delineated
and shown cross hatched in Schedule 1 of
this Act for any commercial residential retail
or civic or other public or private purpose (or
any combination thereof) and without
affecting the generality hereof includes the
construction of any buildings and works and
"developed", "developing" and
"development" shall be construed in similar
manner;
"land" includes all real estate messuages lands
tenements and hereditaments of any tenure
and easements rights and privileges over in
or affecting land;
"loop" means the Sale Loop Railway and all
necessary and ancillary works and
conveniences in connexion therewith
including a railway station, sidings and
associated facilities;
Purposes of Act
The purposes of this Act are to authorize—
(a) the construction of the loop to connect the
Gippsland Railway with the Sale and
Stratford Railway on the land delineated and
shown hatched in Schedule 1;
(b) the transfer to the Authority of all land
delineated and shown hatched in Schedule 1;
S. 2 defs of
"Property
Board",
"Railways
Board"
repealed by
No. 9921
s. 255
(Sch. 12).
s. 3
S. 3(b)
amended by
No. 9921
s. 255
(Sch. 12).
Victorian Legislation and Parliamentary DocumentsPart I—Preliminary
Sale Station Relocation and Development Act 1981
Act No. 9637/1981
4
(c) the transfer to the Council of all land
delineated and shown cross hatched in
Schedule 1;
(d) the development by Council either in its own
right or association with the Authority of all
land delineated and shown cross hatched in
Schedule 1; and
(e) the sale or lease by the Council to any
person, or body corporate or unincorporate
of part or all of the land delineated and
shown cross hatched in Schedule 1.
S. 3(d)
amended by
No. 9921
s. 255
(Sch. 12).
s. 3
Victorian Legislation and Parliamentary DocumentsPart II—Railway Construction
Sale Station Relocation and Development Act 1981
Act No. 9637/1981
5
PART II—RAILWAY CONSTRUCTION
4. Power of Authority to construct Sale Loop Railway
(1) The Authority is hereby authorized to make and
construct a 1⋅6 metres gauge railway connecting
the Gippsland Railway with the Sale and Stratford
Railway in the line and upon the land described in
Schedule 2, together will all necessary and
ancillary works and conveniences in connexion
therewith including a railway station, sidings and
associated facilities to be called the Sale Loop
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 described in Schedule 2.
5. Power to enter upon land and construct loop
(1) For the purposes of this Act—
(a) the Council may take possession of and
acquire by agreement or compulsorily any
land or such easements over or rights to use
any part of the land; and
(b) the Authority its deputies agents and
workmen and all other persons by it
authorized may, without making any
previous payment or having the previous
consent of the owner or occupier but having
given not less than seven days' notice of its
or his intention to the owner or occupier,
enter into and upon any land and survey and
stake or set out or use the land—
the Authority deems necessary and proper for the
construction of the loop, and the Authority may in
s. 4
S. 4(1)
amended by
No. 9921
s. 255
(Sch. 12).
S. 5(1)
amended by
No. 9921
s. 255
(Sch. 12).
S. 5(1)(b)
amended by
No. 9921
s. 255
(Sch. 12).
Victorian Legislation and Parliamentary DocumentsPart II—Railway Construction
Sale Station Relocation and Development Act 1981
Act No. 9637/1981
6
or upon such land exercise for that purpose all or
any of the powers conferred on it by the
Transport Act 1983.
(2) For the purposes of this Act the Council or
Authority may close divert take and use any road
street or way or portion of a road street or way.
(3) In the exercise of the powers granted by this Act
the Council, the Authority and other persons shall
do as little damage as may be.
Land Acquisition and Compensation Act 1986 to
apply
The Land Acquisition and Compensation Act
1986 applies to this Act and for that purpose—
(a) the Sale Station Relocation and
Development Act 1981 is the special Act;
and
(b) the State Transport Authority or the Council
(as the case requires) is the Authority.
Vesting of land
(1) Whenever the Authority under its common seal
certifies that the construction of the loop is
completed, the Governor in Council may make an
order transferring the loop together with the land
delineated and shown hatched in Schedule 1 to the
Authority and the order shall be published in the
Government Gazette.
S. 5(2)
amended by
No. 9921
s. 255
(Sch. 12).
S. 5(3)
amended by
No. 9921
s. 255
(Sch. 12).
S. 6
repealed by
No. 9921
s. 255
(Sch. 12).
S. 7
amended by
No. 9921
s. 255
(Sch. 12),
substituted by
No. 121/1986
s. 112(Sch.).
s. 7
S. 8(1)
amended by
No. 9921
s. 255
(Sch. 12).
Victorian Legislation and Parliamentary DocumentsPart II—Railway Construction
Sale Station Relocation and Development Act 1981
Act No. 9637/1981
7
(2) Immediately on such publication—
(a) the loop together with the land delineated
and shown hatched in Schedule 1 shall
become vested in the Authority for the
purposes of the Transport Act 1983, and
shall be supervised and maintained by the
Authority pursuant to the Transport Act
1983; and
(b) the land delineated and shown cross hatched
in Schedule 1 shall become vested in the
Council.
9. No duty to fence
(1) The Council and the Authority shall not be bound
to erect or 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 on the line of loop.
(2) The Council and the Authority shall not be liable
for any damage which may be caused by the
absence of gates or gatekeepers at any crossing
referred to in sub-section (1) or by reason of the
loop not being fenced in or fenced off.
10. Law, 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 loop authorized
by this Act to be constructed.
11. Audit Act and Acts relating to Crown lands 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 land.
S. 8(2)(a)
amended by
No. 9921
s. 255
(Sch. 12).
s. 9
S. 9(1)
amended by
No. 9921
s. 255
(Sch. 12).
S. 9(2)
amended by
No. 9921
s. 255
(Sch. 12).
S. 10
amended by
No. 9921
s. 255
(Sch. 12).
Victorian Legislation and Parliamentary DocumentsPart III—Financial
Sale Station Relocation and Development Act 1981
Act No. 9637/1981
8
PART III—FINANCIAL
12. Council may obtain overdraft
(1) For the purposes of section 439B of the Local
Government Act 1958 the carrying out of works
or undertakings authorized by this Act to be
undertaken by the Council shall be deemed to be
permanent works and undertakings within the
meaning of Part XV of the Local Government
Act 1958.
(2) The provisions of sections 399 to 417 of the Local
Government Act 1958 shall not apply to the
borrowing of money for the purposes of this Act.
(3) In this section "year" means the period of twelve
months ending on the thirtieth day of September.
13. Account
(1) The Council shall cause an account, which shall
be called the Sale Station Development Account
and be separate and distinct from the General
Fund, to be established and kept of all moneys
borrowed by the Council pursuant to the
provisions of section 12 and of all payments and
disbursements made pursuant to the provisions of
this Act.
(2) The Council may transfer from the Sale Station
Development Account to the Municipal Fund an
amount equal to the amount expended by the
Council from the Municipal Fund prior to the
commencement of this Act for or towards the
works and undertakings authorized by this Act.
s. 12
Victorian Legislation and Parliamentary DocumentsPart III—Financial
Sale Station Relocation and Development Act 1981
Act No. 9637/1981
9
(3) The account referred to in sub-section (1) shall be
audited at least once in each financial year during
the period of the development of the land
delineated and shown cross hatched in Schedule 1
and thereafter until all moneys borrowed by the
Council pursuant to section 12 have been repaid.
14. Council to pay costs etc. of Authority
(1) The Council shall pay all costs charges and
expenses incurred by the Authority and the
Authority in carrying out all works for the loop
and for the purchase of the land delineated and
shown hatched in Schedule 1 provided for by this
Act.
(2) The Authority and the Authority shall cause
separate and distinct accounts to be kept of all
payments and disbursements incurred pursuant to
the carrying out of all works for the loop provided
for by this Act.
s. 14
S. 14(1)
amended by
No. 9921
s. 255
(Sch. 12).
S. 14(2)
amended by
No. 9921
s. 255
(Sch. 12).
Victorian Legislation and Parliamentary DocumentsPart IV—Development
Sale Station Relocation and Development Act 1981
Act No. 9637/1981
10
PART IV—DEVELOPMENT
15. Partnership, joint ventures etc.
For the purposes of developing the land delineated
and shown cross hatched in Schedule 1—
(a) the Council may enter into a partnership,
joint venture or other arrangement with the
Authority; and
(b) the Authority may enter into a partnership,
joint venture or other arrangement with the
Council.
16. Powers of Council and the Authority in relation to
land
The Council or the Authority, either jointly or
severally pursuant to any agreement made
between the Council and the Authority, may do all
things necessary to be done to develop the land
delineated and shown cross hatched in Schedule 1
and to dispose of the said land or part of the said
land upon completion of the development and in
particular may do any one or more of the
following—
(a) subdivide and re-subdivide such land;
(b) consolidate title to such land;
(c) grant or create in favour of any person any
easement over such land upon such terms
and conditions as it thinks fit;
(d) open up divert or close any street roadway or
right of way;
(e) create any pedestrian mall;
(f) create any square;
s. 15
S. 15(a)
amended by
No. 9921
s. 255
(Sch. 12).
S. 15(b)
amended by
No. 9921
s. 255
(Sch. 12).
S. 16
amended by
No. 9921
s. 255
(Sch. 12).
Victorian Legislation and Parliamentary DocumentsPart IV—Development
Sale Station Relocation and Development Act 1981
Act No. 9637/1981
11
(g) demolish or construct any building or
buildings on the said land and to use any
building or buildings so constructed for any
lawful purpose;
(h) enter into any agreements, contracts and
arrangements for the development of the said
land and the proper management or usage of
the development;
(i) sell, agree to sell, give any option to
purchase, lease, agree to lease, mortgage,
charge or otherwise encumber all or part of
the said land;
(j) do all things necessary and sign all
documents required to effect the
development as defined in section 2 hereof.
17. Definition
For the purposes of section 16, "agreement"
means a partnership, joint venture or other
arrangement.
18. Requirements etc. of other Acts to apply
Nothing in this Act shall exempt or absolve the
Council or the Authority from complying with any
requirements or obligations imposed by any other
Act or any regulation made thereunder.
19. Validation of Council actions
(1) In respect of the land delineated and shown
hatched in Schedule 1 any resolution or action of
the Council in relation to the purchase of the land
prior to the coming into operation of this Act is
hereby validated ratified and approved.
s. 17
S. 18
amended by
No. 9921
s. 255
(Sch. 12).
Victorian Legislation and Parliamentary DocumentsPart IV—Development
Sale Station Relocation and Development Act 1981
Act No. 9637/1981
12
(2) In respect of the land delineated and shown cross
hatched in Schedule 1—
(a) any resolution or action of the Council in
relation to the development of the said land;
and
(b) any development undertaken by the Council
of the said land—
prior to the coming into operation of this Act, is
hereby validated ratified and approved.
s. 19
Victorian Legislation and Parliamentary DocumentsSale Station Relocation and Development Act 1981
Act No. 9637/1981
13
SCHEDULES
SCHEDULE 1
Sections 3, 15.
Sch. 1
Victorian Legislation and Parliamentary DocumentsSale Station Relocation and Development Act 1981
Act No. 9637/1981
14
SCHEDULE 2
SALE LOOP RAILWAY
Commencing at a point being 204⋅5 kilometres or thereabouts from
Melbourne on the Gippsland Railway in the City of Sale and proceeding
thence in a generally northerly direction through the said City for a distance
of about 600 metres and terminating at a point being 206⋅8 kilometres or
thereabouts from Melbourne on the Sale and Stratford Railway.
═══════════════
Section 4.
Sch. 2
Victorian Legislation and Parliamentary DocumentsSale Station Relocation and Development Act 1981
Act No. 9637/1981
15
ENDNOTES
General Information
The Sale Station Relocation and Development Act 1981 was assented to on
15 December 1981 and came into operation on 18 February 1982:
Government Gazette 18 February 1982 page 513.
Endnotes
Victorian Legislation and Parliamentary DocumentsSale Station Relocation and Development Act 1981
Act No. 9637/1981
16
2. Table of Amendments
This Version incorporates amendments made to the Sale Station Relocation
and Development Act 1981 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Transport Act 1983, No. 9921/1983
Assent Date: 23.6.83
Commencement Date: S. 255 on 1.7.83: s. 1(2)(c)
Current State: This information relates only to the provision/s
amending the Sale Station Relocation and
Development Act 1981
Land Acquisition and Compensation Act 1986, No. 121/1986
Assent Date: 23.12.86
Commencement Date: 29.11.87: Government Gazette 25.11.87 p. 3224
Current State: All of Act in operation
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Endnotes
Victorian Legislation and Parliamentary DocumentsSale Station Relocation and Development Act 1981
Act No. 9637/1981
17
3. Explanatory Details
No entries at date of publication.
Endnotes
Section 1 - Sale Station Relocation and Development Act 1981 - Sale Station Relocation and Development Act 1981 | Zoe