Version No. 005
Border Railways Act 1922
No. 3194 of 1922
Version incorporating amendments as at
4 May 2012
TABLE OF PROVISIONS
Section
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2
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4
4A
5
6
7
8
9
10
11
12
13
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15
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Short title
Act to bind the Crown
Commencement
Definitions
Transport Integration Act 2010
Ratification of Agreement
Construction maintenance etc. of railways and works authorized
Constructing Authority of certain bridges etc.
Construction by Authority or constructing Authority
Reservation and acquisition of lands
Reservation and acquisition of lands on request of New South
Wales
Compensation
Lands Compensation Acts incorporated
Powers of control and management by the Authority
Provisions as to standard gauge
Conditions and wages on railways constructed in New South
Wales by Victoria
Construction of railways etc. in Victoria
Repealed
Application of provisions of Part 2 of Second Schedule as to
railway land purchase rate
Management and control of railways after construction
Authority to maintain and keep open for traffic lines in
Victoria
Moneys to be provided by Parliament
Treasurer's approval of certain contracts and expenditure
Reference to Parliamentary Standing Committee on Railways
not necessary
Audit and Land Acts not affected
__________________
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Section
Page
SCHEDULES
13
SCHEDULE 1—The Agreement
13
SCHEDULE 2
22
PART I—GENERAL PROVISIONS
22
1
2
3
4
5
6
Power to enter upon lands and construct railway
No compensation payable by Authority or Government
Breadth of land for railways
Authority need not fence etc.
Power to construct reservoirs and to use roads
Laws by-laws etc. to be in force
PART II—KERANG TO GONN CROSSING RAILWAY
1
2
3
4
5
Railway to which this Part relates
Council to make railway land purchase rate to meet annual
payment
Recovery of rates from occupier
Surplus rate in any year to be utilized for following year
Default of council to collect railway land purchase rate
SCHEDULE 3
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23
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29
29
31
═══════════════
ENDNOTES
33
1. General Information
33
2. Table of Amendments
34
3. Explanatory Details
35
ii
Version No. 005
Border Railways Act 1922
No. 3194 of 1922
Version incorporating amendments as at
4 May 2012
An Act to ratify and provide for carrying out an Agreement
between the States of New South Wales and Victoria respecting
the Construction Maintenance and Operation of certain Lines of
Railway in the State of New South Wales and the State of
Victoria the Construction and Maintenance of certain Bridges
over the River Murray and other Works and for other purposes.
Preamble
WHEREAS the Premier of the State of New South
Wales for and on behalf of that State and the
Premier of the State of Victoria for and on behalf
of that State have entered into an Agreement
(a copy of which is set out in the First Schedule to
this Act) subject to ratification by the Parliaments
of New South Wales and of Victoria during the
year One thousand nine hundred and twenty-two:
AND WHEREAS it is desirable to ratify and
provide for carrying out the said Agreement:
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):
1 Short title
This Act may be cited as the Border Railways
Act 1922.
1
Border Railways Act 1922
No. 3194 of 1922
s. 2
N.S.W. Bill
cl. 2.
2 Act to bind the Crown
This Act shall bind the Crown.
3 Commencement
(1) This Act shall come into force on a day to be fixed
by proclamation of the Governor in Council
published in the Government Gazette.
Comp. N.S.W.
Bill cl. 3.
S. 4
amended by
No. 104/1997
s. 39(2)
(ILA s. 39B(1)).
(2) The Governor in Council may not make such
proclamation unless he is satisfied that the
Parliament of New South Wales has passed an Act
ratifying the Agreement and complying therewith.
4 Definitions
(1) In this Act unless inconsistent with the context or
subject-matter—
S. 4(1) def. of
the
Agreement
amended by
No. 9956
s. 3(1)(a).
the Agreement means the Agreement a copy of
which is set out in the First Schedule to this
Act as amended by the Agreement a copy of
which is set out in the Third Schedule;
S. 4(1) def. of
Authority
inserted by
No. 9921
s. 255
(Sch. 12),
substituted by
Nos 104/1997
s. 39(1),
6/2010
203(1)(Sch. 6
item 2.1) (as
amended by
No. 45/2010
s. 22).
Authority means Victorian Rail Track within the
meaning of section 3 of the Transport
Integration Act 2010;
S. 4(1) defs of
Board and
Commissioners
repealed by
No. 9921
s. 255
(Sch. 12).
*
*
*
*
*
land includes any easement right or privilege in
over or affecting any land;
2
Border Railways Act 1922
No. 3194 of 1922
s. 4A
line means line of railway;
railway or line includes any railway referred to in
this Act or the Agreement and all works and
conveniences—
(a) connected with and for the purposes of
any such railway;
(b) connected with and for the purposes of
any such railway and any other railway
or railways; or
(c) for connecting any such railway with
any other railway;
Schedule means Schedule to this Act.
(2) On the commencement of section 39 of the Rail
Corporations (Amendment) Act 1997, Victorian
Rail Track becomes the successor in law of the
Public Transport Corporation as the Authority
under and for the purposes of this Act and the
Agreement and, without limiting the generality of
this provision, on that commencement Victorian
Rail Track shall, by force of this subsection—
S. 4(2)
inserted by
No. 104/1997
s. 39(2).
(a) be substituted as a party to any arrangement
or contract to which the Public Transport
Corporation as the Authority was a party
immediately before that commencement; and
(b) be substituted as a party to any proceedings
pending in any court or tribunal to which the
Public Transport Corporation as the
Authority was a party immediately before
that commencement.
4A Transport Integration Act 2010
This Act is transport legislation within the
meaning of the Transport Integration Act 2010.
3
S. 4A
inserted by
No. 6/2010
s. 24(5)(Sch. 1
item 2) (as
amended by
No. 45/2010
s. 22).
Border Railways Act 1922
No. 3194 of 1922
s. 5
Comp. ib.
cl. 5.
S. 5
amended by
No. 9956
s. 3(1)(b)(i)(ii).
S. 5(2)
inserted by
No. 9956
s. 3(1)(b)(iii).
Comp. ib.
cl. 6.
5 Ratification of Agreement
(1) Subject to this Act the Agreement a copy of which
is set out in the First Schedule is hereby ratified
and approved and shall take effect on the coming
into force of this Act and all matters and things
agreed to be done by or on behalf of the
Government of Victoria are hereby sanctioned and
authorized.
(2) The Agreement a copy of which is set out in the
Third Schedule is hereby ratified and approved.
6 Construction maintenance etc. of railways and
works authorized
(1) Subject to this Act and the Agreement the
construction and maintenance by the Government
of Victoria of the railways and other works in
New South Wales which by the Agreement are to
be constructed by the Government of Victoria and
also such of the bridges over the River Murray
and the approaches thereto as by subsequent
agreement in accordance with the Agreement fall
to be constructed by the Government of Victoria
and which by or under any Act of the Parliament
of New South Wales the Government of Victoria
is authorized and empowered to construct and
maintain are hereby authorized.
(2) Subject to this Act and the Agreement the
construction maintenance operation and control
pursuant to this Act or the Agreement of any
railways bridges or works in Victoria by or on
behalf of the Government of Victoria are hereby
authorized.
4
Border Railways Act 1922
No. 3194 of 1922
s. 7
7 Constructing Authority of certain bridges etc.
The Minister of Railways is hereby empowered on
behalf of the Government of Victoria to agree as
to who should be the constructing Authority to
construct the bridges and approaches mentioned in
clauses one, thirteen, and twenty-three of the
Agreement; and in the event of it being agreed
that the Authority or any other Victorian
Authority should be the constructing Authority of
one or more of such bridges and approaches the
Authority or such Authority is hereby empowered
to carry out the said works.
Comp. N.S.W.
Bill cl. 7.
S. 7
amended by
No. 9921
s. 255
(Sch. 12).
8 Construction by Authority or constructing
Authority
(1) Save as otherwise expressly provided in this Act
or the Agreement the construction pursuant to this
Act and the Agreement of any railways bridges or
works (including railway connexions to bridges
over the River Murray) shall be carried out by the
Authority or any other constructing Authority
agreed upon pursuant to the Agreement (as the
case may require).
S. 8(1)
amended by
No. 9921
s. 255
(Sch. 12).
(2) For the said purposes so far only as is necessary to
give effect to this Act or the Agreement the
Authority or such constructing Authority (as the
case may require) may exercise all the powers
authorities and privileges (subject to the like
conditions) conferred upon the Authority by this
Act or by any other Act for the construction of
any works thereunder.
S. 8(2)
amended by
No. 9921
s. 255
(Sch. 12).
9 Reservation and acquisition of lands
For the purposes of the construction maintenance
operation and control pursuant to this Act or the
Agreement of any railways bridges or works in
Victoria by or on behalf of the Government of
Victoria the Governor in Council may reserve
5
S. 9
amended by
No. 9921
s. 255
(Sch. 12).
Border Railways Act 1922
No. 3194 of 1922
s. 10
from sale permanently any Crown land and the
Authority may enter take possession of and
appropriate any land other than Crown land.
Comp. N.S.W.
Bill cl. 8.
S. 10
amended by
No. 9921
s. 255
(Sch. 12).
Comp. No.
2596 s. 16.
S. 11
amended by
No. 9921
s. 255
(Sch. 12).
Nos 2678,
3141. Comp.
No. 2424
ss 16–18.
10 Reservation and acquisition of lands on request of
New South Wales
For the purposes of the construction pursuant to
this Act and the Agreement of any bridges or
works in Victoria and for any purposes incidental
thereto by or on behalf of the Government of New
South Wales the Governor in Council at the
request of the Government of New South Wales
may reserve from sale permanently any Crown
land and the Authority when directed by the
Governor in Council may enter take possession of
and appropriate any land other than Crown land.
11 Compensation
For the purpose of making compensation to any
person for or in respect of any damage occasioned
by the construction maintenance operation or
control of any bridges or works in Victoria under
this Act or the Agreement by the Government of
New South Wales or any Authority or person
thereto authorized by it pursuant to this Act or the
Agreement the provisions of any Act as to the like
compensation to be made by the Authority shall
with such alterations modifications and
substitutions as are necessary extend and apply to
the said Government Authority or person (as the
case may require).
12 Lands Compensation Acts incorporated
(1) The Lands Compensation Acts are hereby
incorporated with this Act and shall be construed
together herewith as one Act and shall take effect
with regard to the acquisition and purchase of land
for the purpose of the construction of any railways
bridges or works by this Act or the Agreement
6
Border Railways Act 1922
No. 3194 of 1922
s. 12
authorized to be constructed in Victoria and with
regard to the making of compensation to all
persons interested in any lands or hereditaments to
be purchased or taken or used in connexion with
or injured in or prejudicially affected by the
construction of the said railways bridges or works.
(2) For the purposes of this Act the following
expressions in the Lands Compensation Acts shall
have the respective meanings hereby assigned to
them save when the context is inconsistent
therewith (that is to say)—
the Board of Land and Works and the Board
shall for the purpose of acquiring or
purchasing land for or making compensation
as aforesaid in respect to lands or
hereditaments to be purchased or taken or
used in connexion with or injured in or
prejudicially affected by the construction of
any railways bridges or works by this Act or
the Agreement authorized to be constructed
in Victoria mean the Authority or any other
constructing Authority (as the case may
require); and
the Special Act shall mean this Act.
(3) Notwithstanding anything in section thirty-five of
the Lands Compensation Act 1915 or in this Act
the amount of purchase money or compensation
payable for or in respect of any land in Victoria to
be purchased or taken or used in connexion with
or likely to be injured in or prejudicially affected
by the construction of the railways bridges and
other works authorized by this Act or the
Agreement shall not exceed the value of such land
on the day of the commencement of the present
session of Parliament.
7
S. 12(2)
amended by
No. 9921
s. 255
(Sch. 12).
Border Railways Act 1922
No. 3194 of 1922
s. 13
(4) In estimating the purchase money or
compensation to be paid to any person for or in
respect of any land purchased or taken or used
under this Act or the Agreement in connexion
with or likely to be injured in or prejudicially
affected by the construction of any railways
bridges or works the magistrates arbitrators
surveyors valuators or jury (as the case may be)
shall consider—
(a) any and what enhancement in value of any
property of such person wherever situate has
been or will be directly or indirectly caused;
(b) whether any or what other immediate or
proximate benefit has been gained by or will
become available to such person;
(c) the advantages which might accrue to such
person by reason of the construction and use
of such railways bridges or works; and
(d) any other prospective benefits or advantages
probably resulting from the operation of this
Act and the Agreement—
and a deduction shall be made accordingly from
the amount which but for this provision would
have been paid or payable as purchase money or
compensation.
Comp. N.S.W.
Bill cl. 9.
S. 13
amended by
Nos 9921
s. 255
(Sch. 12),
9956 s. 4.
13 Powers of control and management by the
Authority
Subject to this Act and the Agreement the
Authority on behalf of the Government of Victoria
shall have the right to control and manage any
railway in New South Wales referred to in the
Agreement, and may in respect of such control
and management exercise all the powers which
are conferred by any Act on the Authority in
respect of railways in Victoria in so far as any
such rights and powers of control and
8
Border Railways Act 1922
No. 3194 of 1922
s. 14
management are conferred on the Government of
Victoria or the Authority by or under any Act of
the Parliament of New South Wales.
14 Provisions as to standard gauge
(1) Should any of the railways referred to in the
Agreement be in possession of the Government of
Victoria at the time the conversion of the
Victorian railways to the standard gauge decided
upon by the Commonwealth and the States is
entered upon the Government of Victoria shall,
subject to the Agreement, be liable to pay the New
South Wales and Victorian proportions under that
conversion scheme of the cost of the conversion
of such lines to the standard gauge.
Comp. cls 36,
37 of the
Agreement.
(2) In the construction within New South Wales of
any railways provided for in the Agreement which
are authorized under this Act or any Act of the
Parliament of New South Wales the works are to
be constructed suitably for conversion to the
adopted uniform gauge.
15 Conditions and wages on railways constructed in
New South Wales by Victoria
In the construction and working by the State of
Victoria of the railways referred to in clause forty
of the Agreement the same conditions and rates of
wages as then prevail in Victoria or are then being
observed and paid by the Authority for similar
work shall be applicable.
16 Construction of railways etc. in Victoria
The construction under this Act or the Agreement
of any railways bridges or works in Victoria to be
carried out shall be carried out under and subject
to the provisions of Part I of the Second Schedule;
and the provisions of the said Part I shall have
effect with respect to such railways bridges and
works.
9
Comp. N.S.W.
Bill cl. 10; and
cl. 40 of the
Agreement.
S. 15
amended by
No. 9921
s. 255
(Sch. 12).
Border Railways Act 1922
No. 3194 of 1922
s. 18
S. 17
repealed by
No. 9921
s. 255
(Sch. 12).
*
*
*
*
*
18 Application of provisions of Part 2 of Second
Schedule as to railway land purchase rate
(1) The provisions of Part II of the Second Schedule
relating to the railway land purchase rates therein
provided for shall take effect with respect to the
railway therein mentioned.
(2) Any sums received by the Treasurer of Victoria in
respect of any such railway land purchase rate
shall be credited by him—
(a) to any loan fund to the extent to which any
part of the expenditure for land and
compensation including interest on the line
has been defrayed therefrom; or
(b) to the consolidated revenue to the extent to
which any part of such expenditure for land
and compensation including interest has been
defrayed out of the consolidated revenue; or
(c) to the Victorian Loans Redemption Fund.
Comp. No.
2078 s. 10.
S. 19
amended by
Nos 9921
s. 255
(Sch. 12),
74/2000
s. 3(Sch. 1
item 13).
19 Management and control of railways after
construction
(1) On publication in the Government Gazette of a
notice by the Authority that the construction of
any railway authorized to be constructed by the
Authority pursuant to this Act or the Agreement is
completed the said railway shall thereafter be
under the management and control of the
Authority.
10
Border Railways Act 1922
No. 3194 of 1922
s. 20
(2) At any time after the publication of such notice
relating to a railway constructed within Victoria
pursuant to this Act the Governor in Council may
make an Order transferring such line of railway to
the Commissioners and such Order shall be
published in the Government Gazette.
S. 19(2)
inserted by
No. 5026 s. 2,
amended by
No. 9921
s. 255
(Sch. 12).
(3) Immediately on such publication the line of
railway mentioned in such Order, including all
land acquired by the Authority for the purpose of
such line and the inheritance thereof in fee simple,
shall become vested in the Commissioners.
S. 19(3)
inserted by
No. 5026 s. 2,
amended by
No. 9921
s. 255
(Sch. 12).
20 Authority to maintain and keep open for traffic lines
in Victoria
S. 20
amended by
Nos 9921
s. 255
(Sch. 12),
9956 s. 3(2).
The Authority shall at all times maintain and keep
open for traffic any railways in Victoria referred
to in this Act or the Agreement.
21 Moneys to be provided by Parliament
All moneys required to be provided under this Act
or the Agreement shall be provided out of moneys
to be available for the purpose.
22 Treasurer's approval of certain contracts and
expenditure
No contract shall be entered into or expenditure
made for the construction of any railway bridge or
work by the Authority under this Act or the
Agreement until such contract or expenditure has
been previously approved in writing by the
Treasurer of Victoria.
23 Reference to Parliamentary Standing Committee on
Railways not necessary
Notwithstanding anything in any Act it shall not
be necessary to refer to the Parliamentary
Standing Committee on Railways for report any
proposal for the appropriation and expenditure of
money for the purposes of any railways bridges
11
S. 21
amended by
No. 31/1994
s. 3(Sch. 1
item 6).
S. 22
amended by
No. 9921
s. 255
(Sch. 12).
Border Railways Act 1922
No. 3194 of 1922
s. 24
works or operations under this Act or the
Agreement.
24 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 any Acts relating to Crown lands.
__________________
12
Border Railways Act 1922
No. 3194 of 1922
Sch. 1
SCHEDULES
FIRST SCHEDULE
THE AGREEMENT
AGREEMENT made the fourteenth day of September, One thousand nine
hundred and twenty-two, between the Honorable Sir George Warburton
Fuller, K.C.M.G., Premier of the State of New South Wales, for and on
behalf of that State of the one part, and the Honorable Harry Sutherland
Wightman Lawson, M.L.A., Premier of the State of Victoria, for and on
behalf of that State of the other part, whereby it is agreed as follows:
1. Two Engineers, one of whom shall be appointed by the Government
of New South Wales and one by the Victorian Government, shall
recommend the sites of two bridges to be constructed between a point
3 miles upstream from Mildura Wharf and downstream to a point near
the Wentworth Township.
2. The Engineers shall submit the designs of the bridges and approaches
within the limits of the flood area, and suggest the materials of which
they are to be constructed.
3. Should the Engineers disagree upon the matters referred to the
questions in dispute shall be referred to arbitration in accordance with
clause 50 hereof.
4. Such bridges and approaches, their locations and designs, shall be
approved by the Governments of New South Wales and Victoria.
5. The bridges to be so constructed that they will provide for road traffic,
and also railway traffic for both the 4-ft. 81/2-in. and 5-ft. 3-in. gauges,
and not offer any impediment to the navigation of the Murray River.
6. The Constructing Authority for the bridges and approaches shall be
determined by the two Governments on the receipt of the report of the
Engineers.
7. The construction of both bridges and their approaches to be entered
upon within one year after the ratification of this Agreement, and to be
completed within three years of the date of such ratification.
8. The cost of such bridges and approaches within the limits of the flood
waters, whether for road or railway purposes, shall be borne in equal
proportion by the Governments of Victoria and New South Wales.
13
Section 4.
Border Railways Act 1922
No. 3194 of 1922
Sch. 1
9. Should either of the said bridges be subsequently used for railway
purposes Victoria is to refund to New South Wales the difference
between one-half and two-thirds the cost of these bridges and
approaches.
10. If either bridge is more than 1 mile from a Victorian railway the
Victorian Government is to extend its railway to within 1 mile of the
bridge or bridges, provided that this does not involve the construction
of a cockspur, or backshunt, line from any railway now existing
within 5 miles.
11. The Victorian Government shall have the right to construct a 5-ft.
3-in. gauge railway across any bridge constructed under this
Agreement at or near Gol Gol, New South Wales, and to extend that
railway into New South Wales for a distance not exceeding 20 miles.
In designing any irrigation settlement area affected by this proposed
railway the New South Wales Government shall provide in the design
or designs for the reservation of the land which will be required for
railway purposes, including station sites and other buildings, sidings,
&c., such land to be determined upon in consultation with the
Victorian Government.
12. If a railway is constructed across either of the said bridges the whole
cost of the maintenance of any such bridge and approaches within the
limits of the flood waters is to be borne by the Government of
Victoria, provided that, should the road approach in any instance
branch off from the embankment carrying the railway, the cost of
maintenance of that portion of such road approach away from the joint
embankment, and within the limits of the flood area, shall be borne
equally by the Governments of Victoria and New South Wales. If the
railway is not constructed across either bridge the maintenance of any
such bridge used for highway traffic only to be borne in equal
proportion between the Governments of Victoria and New South
Wales.
13. The said Engineers to also suggest the site of a bridge to cross the
Murray River at a point between 4 miles upstream from Euston and
4 miles downstream from that township.
14. These Engineers to submit the design of this bridge and approaches
within the limits of the flood area, and suggest the materials of which
it is to be constructed.
15. Should the Engineers disagree upon the matters referred to the
questions in dispute shall be referred to arbitration in accordance with
clause 50 hereof.
16. The location and design of this bridge and approaches shall be
approved by the Governments of New South Wales and Victoria.
14
Border Railways Act 1922
No. 3194 of 1922
Sch. 1
17. The bridge to be so constructed that it will provide for road traffic, and
also railway traffic for both the 4-ft. 81/2-in. and the 5-ft. 3-in. gauges,
and not offer any impediment to the navigation of the Murray River.
18. The Constructing Authority for the bridge and approaches shall be
determined by the two Governments on receipt of the report of the
Engineers.
19. The construction of the bridge and approaches shall be entered upon
within one year after the ratification of this Agreement, and to be
completed within three years of the date of such ratification.
20. The cost of the bridge and approaches within the limits of the flood
waters, whether for road or railway purposes, to be borne in the
proportions of one-third by the Government of New South Wales and
two-thirds by the Government of Victoria.
21. The Victorian railway shall be extended from Annuello to within
2 miles of the said bridge, and any such railway is to be completed
and opened for traffic on or before the completion of the bridge.
22. The whole cost of the maintenance of the bridge and approaches,
where the latter are used for both road and railway purposes, to be
borne by the Government of Victoria. Should the road approach
branch off from the embankment carrying the railway the cost of
maintenance of that portion of such road approach away from the joint
embankment, and within the limits of the flood area, shall be borne
equally by the Governments of New South Wales and Victoria.
23. The said Engineers to also suggest the site of a bridge to be
constructed at Gonn Crossing, or at a point within 2 miles on either
side of that crossing.
24. The Engineers to submit the design of this bridge and approaches,
within the limits of the flood area, and suggest the materials of which
it is to be constructed.
25. Should the Engineers disagree upon the matters referred to the
questions in dispute shall be referred to arbitration in accordance with
clause 50 hereof.
26. The location and design of this bridge and approaches to be approved
by the Governments of New South Wales and Victoria.
27. The bridge to be so constructed that it will provide for road traffic, and
also railway traffic for both the 4-ft. 81/2-in. and 5-ft. 3-in. gauges, and
not offer any impediment to the navigation of the Murray River.
28. The Constructing Authority for the bridge and approaches to be
determined by the two Governments on receipt of the report of the
Engineers.
15
Border Railways Act 1922
No. 3194 of 1922
Sch. 1
29. The construction of the bridge and approaches shall be entered upon
within one year of the ratification of the Agreement, and to be
completed within three years from the date of such ratification.
30. The cost of the bridge and approaches within the limits of the flood
waters, whether for road or railway purposes, shall be borne in the
proportion of one-third by the Government of New South Wales and
two-thirds by the Government of Victoria.
31. The Victorian Government shall extend its railway from Kerang to
within 11/2 miles of this bridge, and such railway is to be completed
and opened for traffic on or before the completion of the bridge.
32. The whole cost of the maintenance of the bridge and approaches,
where the latter are used for both road and railway purposes, shall be
borne by the Government of Victoria. Should the road approach
branch off from the embankment carrying the railway the cost of
maintenance of that portion of such road approach away from the joint
embankment, and within the limits of the flood area, shall be borne
equally by the Governments of New South Wales and Victoria.
33. The New South Wales Government undertakes to have legislation
passed authorizing the Victorian Government to construct a railway
on the 5-ft. 3-in. gauge from the north side of the bridge at Gonn
Crossing to a point at or near Stony Crossing, on the Wakool River,
subject to such modifications and deviations in the route as may be
determined by the Constructing Authority. The construction of the
railway to be entered upon within two years of the date of ratification
of the Agreement, and the construction to be completed to the
terminus of the line within five years of the date of such ratification.
34. The New South Wales Government shall also secure authority for the
Victorian Government to construct a railway on the 5-ft. 3-in. gauge
either from a point on the north side of the bridge crossing the Murray
River at Moama, or from a point on the Deniliquin-Moama Railway
Company's line, between Moama and a point 1 mile north of the
Mathoura railway station, over which the Victorian Railways may
have come to an agreement with the Company regarding railway
running rights or leasing (or, alternatively, the Victorian Railways
having secured by purchase through the New South Wales
Government the said Deniliquin and Moama Railway), bearing
westerly or north westerly to Moulamein, or a point near Moulamein,
thence continuing in a north-westerly direction to a point within 11/2
miles of the south side of the Murrumbidgee River, near Balranald
township, subject to such modifications and deviations in the route as
may be determined by the Constructing Authority. The Constructing
Authority to be the Victorian Board of Land and Works, and that
Constructing Authority to be vested with all the powers of the
Railway Construction Authorities in New South Wales.
16
Border Railways Act 1922
No. 3194 of 1922
Sch. 1
The construction of the railway to be entered upon within twelve
months of the ratification of the Agreement, and to be completed
within three years of such ratification.
35. The Enabling Act to authorize the Victorian Government to construct
a railway on the 5-ft. 3-in. gauge from the north side of the bridge
across the Murray River near Euston to a point 30 miles north-easterly
thereof so as to best serve, en route, the Benanee Settlement Area.
The route of the said railway shall be determined within one year from
the date of the ratification of this Agreement, and the construction of
the said railway into New South Wales shall be entered upon
simultaneously with the completion of the said bridge, provided that
the New South Wales Government has at that date already made
available for settlement at least 50,000 acres and the whole length of
30 miles of railway is to be completed within two years from date of
completion of the bridge, it being a condition that the Government of
New South Wales shall make a further 150,000 acres available for
settlement at the rate of 50,000 acres every eight months up to the
total area of 200,000 acre—such total area to be within 14 miles of the
railway.
36. The Enabling Act to provide that should any of the railways referred
to in this Agreement be in possession of the Government of Victoria at
the time the conversion of the Victorian Railways to the standard
gauge decided upon by the Commonwealth and the States is entered
upon the Government of Victoria is to pay the New South Wales and
Victorian proportions under that conversion scheme of the cost of the
conversion of such lines to the standard gauge.
37. The Enabling Act to provide that in the construction within New
South Wales of any railway authorized thereunder the works are to be
constructed suitably for conversion to the adopted uniform gauge.
38. It shall be lawful for the Secretary for Public Works on behalf of the
New South Wales Government at any time by notice in writing to
require the Victorian Government to sell, and thereupon the said
Victorian Government shall sell to the New South Wales Government
any railway or railways constructed in New South Wales by the State
of Victoria under this Agreement—
(a)
upon the terms of paying the then value exclusive of any
allowance for past or future profits of the said railway, or any
compensation for compulsory sale or other consideration
whatsoever of the said railway or railways, and of all lands,
buildings, works, materials, and plant of the said Victorian
Government suitable to and used by it for the purpose of the
said railway or railways, such value in case of difference to be
ascertained by arbitration in the manner provided by the New
South Wales Public Works Act No. 45 of 1912 for settling
17
Border Railways Act 1922
No. 3194 of 1922
Sch. 1
cases of disputed compensation, and subject to the terms and
conditions therein contained; and when any such sale shall
have been made to the said New South Wales Government the
said railway or railways, lands, buildings, works, materials,
plant and premises shall vest in the New South Wales
Commissioners for Railways, who shall have all the rights,
powers, and authorities of the said Victorian Government in
respect of the said railway or railways so sold;
(b) provided that if the right to purchase be exercised within fifteen
years from the date of the opening of any such railway the
Victorian Government shall be paid the capital outlay on
construction and improvement of any such railway, exclusive
of rolling-stock, and also the full amount of any annual deficit
arising from the operation of any such railway, but any surplus
in any year shall be deducted from the total of such deficit or
deficits. Should the total of the surpluses at the time of
purchase exceed the total of the deficits such excess shall be
deducted from the capital resumption amount.
39. The Victorian Railways Commissioners shall operate these railways
so long as they are in the possession of the Victorian Government; the
fares and rates for the carriage of passengers, goods, and live stock
between any stations on any of these railways and any station on any
railway in Victoria shall not be less than the rates charged for similar
mileage on the Victorian Railways, but this is not to prevent the
Victorian Government or Railways Commissioners regarding any of
the railways constructed in New South Wales under this Agreement as
being separate and detached from the Victorian railway system, and
charging such fares and rates for the carriage of passengers, goods,
and live stock over such detached railways as are charged for similar
mileage on the Victorian Railways.
40. The Enabling Act to provide that in the construction and working by
the State of Victoria of the said railways the same conditions and rates
of wages as then prevail in Victoria or are then being observed and
paid by the Victorian Railway Department for similar work shall be
applicable.
41. The power to deviate the route of the Gonn Crossing to Stony
Crossing railway or the route of the Balranald railway from its starting
point between Moama and Mathoura is not to be used to alter the
starting or terminal points of such railways as provided in this
Agreement. The deviation between such points shall be limited to a
distance not exceeding 5 miles on either side of the route of the said
railways as marked on the plan marked "A," signed in duplicate by the
Minister for Public Works, Railways, and State Industrial Enterprises,
New South Wales, and the Minister for Railways and Mines, Victoria,
and deposited in the offices of the said Ministers respectively; but this
18
Border Railways Act 1922
No. 3194 of 1922
Sch. 1
is not to prevent the starting point between Moama and Mathoura of
the Balranald railway being fixed during the period between the
signing of the said plan and the plan referred to in the next succeeding
paragraph of the Agreement. Such plans shall be signed by the
representatives of both Governments, and a signed Copy of such plan
shall be furnished to the Governments of New South Wales and
Victoria respectively.
42. The Constructing Authority shall within one year of the Agreement
being ratified exercise its power to deviate the route of either of the
said railways mentioned in the next preceding paragraph, and when it
has fixed on the route or routes of either or both of the said railways, it
shall forward to the Government of New South Wales a plan or plans
signed and sealed by the Victorian board of Land and Works showing
the permanent route or routes of such railway or railways, and no
further deviation beyond 40 chains on either side of such route or
routes is to be made when constructing the railway or railways.
43. Within one year from the receipt of such plans or plan showing the
permanent route or routes of such railway or railways the Government
of New South Wales shall resume, acquire, or otherwise make
available for closer settlement an area or areas aggregating at least
125,000 acres in the district served or to be served by the proposed
Balranald railway, and, an area or areas aggregating at least 75,000
acres in the district served or to be served by the Gonn Crossing to
Stony Crossing railway, and at least 80 per centum of such area or
areas shall be within 10 miles of the proposed railway in those
respective districts. The subdivision of such areas shall be entered
upon simultaneously with the entering upon of the construction of the
railway to serve the district within which such resumed areas are
situated.
44. The Enabling Act shall provide that in each case of railway extension
included herein the Government of New South Wales shall resume,
acquire, or otherwise make available to and vest in the Victorian
Government or Victorian Railways Commissioners, free of cost to
Victoria, all lands required for railway purposes, including sites for
stations and other buildings, sidings, etc.
45. Should it become necessary to use heavier rolling-stock to
economically deal with the increasing railway traffic on the existing
combined road and railway bridge over the Murray River between
Echuca and Moama to strengthen that bridge such work is to be
regarded as part of the capital expenditure of the Balranald railway,
and is to be carried out at the cost of the Government of Victoria, and
should it become necessary to erect a bridge to be used exclusively for
railway purposes adjacent to the existing bridge such work is to be
regarded as part of the capital cost of the Balranald railway and is to
be carried out at the cost of the Government of Victoria.
19
Border Railways Act 1922
No. 3194 of 1922
Sch. 1
46. Should the work of constructing any of the bridges, approaches, or
railways stated in this Agreement be interrupted by floods, accident,
or international or industrial troubles directly affecting the supply of
labour or materials for that work the period of such interruption is not
to be included in the time stated in this Agreement for the completion
of such work.
47. The Government of New South Wales shall exercise its legal right to
enter into negotiations with the Deniliquin and Moama Railway
Company for the purchase of the latter's right, title, and interest in the
Deniliquin and Moama railway, subject to an inspection by officers
appointed by the New South Wales and Victorian Governments to
report on the condition of the railway, buildings, rolling stock, etc.,
with a view of the New South Wales Government acquiring the said
railway, buildings, rolling-stock, etc., and handing them over to and
vesting them in the Victorian Government or Victorian Railways
Commissioners at cost of acquisition or resumption, including land, to
be held and worked under and subject to the same conditions,
including resumption under sub-clause (a) of clause 38, as applicable
to other railways under this Agreement. Provided that such acquisition
or resumption shall not be finalized until the proposed terms thereof
have been approved by the Victorian Government.
48. The questions of connecting the Corowa and Wahgunyah railway, and
extending the Yarrawonga railway or the Wahgunyah railway to or
towards Oaklands to develop that country, including its coal deposits,
shall be inquired into by the Government of Victoria, and the
Government of New South Wales will provide facilities for making
such inquiries. The Government of Victoria shall arrange for these
inquiries to be made by the Victorian Parliamentary Standing
Committee on Railways at early convenience. Should the said
Committee recommend the construction of either or any such railway
between the said coalfields and the Victorian railway system, or any
other connexion provided for in this clause, the Victorian Government
shall have the right to construct such railway or railways on the same
terms and conditions, and shall work such railway or railways under
the same conditions as are applicable to other railways to be
constructed under this Agreement. Any bridge or bridges built in
connexion with the said railway or railways shall form part of the
capital cost of the said railway or railways, and shall be constructed at
the cost of the Victorian Government.
49. The Government of New South Wales undertakes to vest in the
Government of Victoria any authority necessary to sanction the
working of any railway or railways under this Agreement in New
South Wales territory, including collection and enforcement of fares
and freights, and the vesting of the control and management of the
lines in the State of Victoria.
20
Border Railways Act 1922
No. 3194 of 1922
Sch. 1
50. Subject to clause 38 hereof, should any dispute or difference arise
between the Engineers referred to in clauses 1, 2, 13, 14, 23, and 24 of
this Agreement, as to any matter or thing referred to therein, or should
thereby any dispute or difference between the Governments of the
States of New South Wales and Victoria as to any matter or thing
arising out of this Agreement or as to the true meaning or construction
of any part thereof, such dispute or difference shall be referred to
arbitration in accordance with the New South Wales Arbitration Act
1902, or any amendment thereof.
51. This Agreement is subject to ratification by the Parliaments of New
South Wales and Victoria during the year of our Lord One thousand
nine hundred and twenty-two.
In witness whereof the said parties to these presents have hereunto set
their hands and seals the day and year first before written.
Signed, sealed and delivered by the
abovenamed GEORGE
WARBURTON FULLER, in the
presence of—
R. T. BALL






GEORGE W. FULLER
And by the said HARRY 
SUTHERLAND WIGHTMAN 
LAWSON, in the presence of— 

SAMUEL BARNES

_______________
21
(L.S.)
H. S. W. LAWSON
(L.S.)
Border Railways Act 1922
No. 3194 of 1922
Sch. 2
Sections 16,
18.
SECOND SCHEDULE
PART I—GENERAL PROVISIONS
Sch. 2
Pt 1 cl. 1
amended by
Nos 9921
s. 255
(Sch. 12),
6/2010
s. 203(1)(Sch.
6 item 2.2) (as
amended by
No. 45/2010
s. 22).
1 Power to enter upon lands and construct railway
For the purposes of this Act or the Agreement it
shall be lawful for the Authority its successors
deputies agents and workmen and all other
persons by it authorized, without making any
previous payment or having the previous consent
of the owner or occupier, to enter into and upon
the land of any person whomsoever, and to survey
and take levels of the same and to ascertain and
stake or set out take possession of use and
appropriate such parts thereof as the Authority
deems necessary and proper for the laying out
making constructing maintaining altering
repairing and using in Victoria any lines bridges
and other works matters and conveniences
authorized by this Act or the Agreement and in or
upon such land to exercise all or any of the
powers conferred on the Authority by the
Transport (Compliance and Miscellaneous) Act
1983 and the Transport Integration Act 2010
and in or upon any land to make construct and use
any permanent or temporary road or tramway
upon over or through the same for the purpose of
conveying earth stone timber gravel sand or any
materials or things which the Authority deems
proper or necessary for laying out making
constructing maintaining altering repairing and
using such lines bridges and works. In the exercise
of the powers by this Act granted the Authority
and other persons shall do as little damage as may
be.
22
Border Railways Act 1922
No. 3194 of 1922
Sch. 2
2 No compensation payable by Authority or
Government
Notwithstanding anything in any Act no person
shall be entitled to receive or shall receive from
the Authority or the Government of Victoria any
compensation in consequence of any part of any
line being laid out made constructed maintained
altered repaired or used on any road.
3 Breadth of land for railways
The land to be taken or used for any line shall not
exceed one hundred feet in width, except for any
station or where a greater width shall be judged by
the Authority to be necessary.
4 Authority need not fence etc.
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, and the
Authority shall not be liable for any damage
which may be caused by the absence of gates or
gatekeepers at the said crossings or by reason of
any line not being fenced in or fenced off.
5 Power to construct reservoirs and to use roads
The Authority may enter into and take and use any
land in Victoria for the construction of any
reservoir aqueduct pipe track or for any proper
work or convenience in connexion with any line
and may take and use any road for laying out
making constructing maintaining altering
repairing and using any part of the lines bridges
and works authorized by this Act or the
Agreement.
23
Sch. 2
Pt 1 cl. 2
amended by
No. 9921
s. 255
(Sch. 12).
Sch. 2
Pt 1 cl. 3
amended by
No. 9921
s. 255
(Sch. 12).
Sch. 2
Pt 1 cl. 4
amended by
No. 9921
s. 255
(Sch. 12).
Sch. 2
Pt 1 cl. 5
amended by
No. 9921
s. 255
(Sch. 12).
Border Railways Act 1922
No. 3194 of 1922
Sch. 2
Sch. 2
Pt 1 cl. 6
amended by
No. 9921
s. 255
(Sch. 12).
6 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 railways
authorized to be constructed under this Act or the
Agreement.
PART II—KERANG TO GONN CROSSING RAILWAY
1 Railway to which this Part relates
The line of railway to which this Part relates is the
railway from Kerang to the bridge at or near Gonn
Crossing including the extension referred to in
clause thirty-one of the Agreement.
Comp. No.
2424 ss. 19
et seq.
Sch. 2 Pt 2
cl. 2(1)
amended by
Nos 4253
s. 2(Sch. 1
Pt 1), 9921
s. 255
(Sch. 12).
2 Council to make railway land purchase rate to meet
annual payment
(1) The council of the shire of Kerang shall from the
opening of the said line for traffic pay annually to
the Treasurer of Victoria and within six months of
demand a sum of money not less than Four
hundred pounds for the purpose of recouping the
expenditure by the Authority for land purchase
and compensation and expenses in connexion
therewith for the said line and for interest charges
thereon at the rate of Four pounds ten shillings per
centum per annum until such amount for land
purchase compensation and expenses with interest
thereon at Four pounds ten shillings per centum
per annum has been repaid to the Treasurer of
Victoria. The last payment shall be such a sum,
less than Four hundred pounds, as will be
sufficient to complete the recoup.
(2) In or for each year until the obligation of the said
council under subsection (1) of this section has
been determined the said council may without any
24
Border Railways Act 1922
No. 3194 of 1922
Sch. 2
petition confirmation or further or other authority
than this Act make and levy upon and recover
from the owners of all rateable property within the
boundaries of the railway land purchase rate
district a rate to be called a railway land purchase
rate. Such rate shall subject to this Act be made
levied and recovered as nearly as practicable
pursuant to the provisions of sections forty-three
to fifty of the Railway Lands Acquisition Act
1915 and shall vary in proportion to the advantage
or benefits appearing to accrue to the lands therein
by the construction of the said line as the
Governor in Council by Order published in the
Government Gazette determines and shall be paid
by and recoverable from every owner of rateable
property within the railway land purchase rate
district.
(3) Notwithstanding anything in any Act lands in the
railway land purchase rate district which have
been acquired—
(a) by the State Rivers and Water Supply
Commission; or
(b) by the Crown or the Closer Settlement Board
and with respect to which the powers duties
and authorities of the said Board have been
transferred to the said Commission—
shall be rateable property for the purposes of this
section.
(c) Notwithstanding anything in any Act the
Authority shall pay such purchase money
and compensation to the State Rivers and
Water Supply Commission for all lands or
hereditaments in the railway land purchase
rate district which have been acquired—
25
Comp. No.
2754 s. 9.
Sch. 2 Pt 2
cl. 2(3)(c)
amended by
No. 9921
s. 255
(Sch. 12).
Border Railways Act 1922
No. 3194 of 1922
Sch. 2
(i) by the State Rivers and Water Supply
Commission; or
(ii) by the Crown or the Closer Settlement
Board and with respect to which the
powers duties and authorities of the
said Board have been transferred to the
said Commission,
and which are required taken or used in
connexion with or injured in or prejudicially
affected by the construction of the said line
as would be payable in accordance with this
Act if such lands or hereditaments were
private property.
Comp. No.
2424 ss 19
et seq.
Sch. 2 Pt 2
cl. 2(4)
amended by
No. 9921
s. 255
(Sch. 12).
(4) Such railway land purchase rate shall with the
approval of the Governor in Council be fixed for
each year at such amounts as will in the opinion of
the shire council and of the Authority be sufficient
to insure the recovery of the full amount required
for such year for the payment to the Treasurer of
Victoria as herein provided and the payment of
cost of valuations and collection of rates.
(5) The money received in respect of the said railway
land purchase rate shall be applicable only to meet
the payments to the Treasurer of Victoria as
aforesaid, and the cost of valuations and collection
of rates.
(6) For the purposes of this section the Governor in
Council may determine by Order published in the
Government Gazette the boundaries of the area
which shall be the railway land purchase rate
district within which the rateable property is for
the purposes of this section to be taken to be
materially enhanced in value.
(7) For properties under five acres in area the
valuation and net annual value for the time being
of all such rateable property for the municipal rate
26
Border Railways Act 1922
No. 3194 of 1922
Sch. 2
of the city town borough or shire in which any
such property is situate shall be deemed and taken
to be the valuation and the net annual value of
such property for the purposes of the railway land
purchase rate to be made and levied under this
Act.
(8) The railway land purchase rate in respect of
properties of five acres or more shall be annually
fixed by the said council on an acreage basis and
shall vary according to the quality of the soil the
distance of the land from the nearest railway
station or siding and the means of access thereto
and the suitability of the land for cultivation
judging from its configuration and not whether the
land is cleared.
(9) The said council may appoint a valuer or valuers
to assist it in fixing the rates per acre to be levied
under this section.
(10) The Minister of Transport may from time to time
decide that the lands in any portion of the railway
land purchase rate district not exceeding oneeighth of the whole area thereof which in his
opinion is not at the date of his decision materially
benefited by the construction of the railway shall
be exempt from rating for a period not exceeding
one year from any date fixed by the said Minister.
3 Recovery of rates from occupier
(1) Notwithstanding anything in any Act when any
railway land purchase rate made by the said
council in respect of land within the railway land
purchase rate district is not paid by the owner of
such land within three months of the date when
the same became payable the said council or its
collector may without prejudice to any other
method of recovery—
27
Sch. 2 Pt 2
cl. 2(10)
amended by
No. 9921
s. 255
(Sch. 12).
Comp. No.
2686 s. 318.
Border Railways Act 1922
No. 3194 of 1922
Sch. 2
(a) by notice in writing demand the amount of
such rate or any portion thereof from any
occupier for the time being of such land; and
(b) on non-payment thereof may after one month
from the service of such demand recover the
same from such occupier in a court of petty
sessions as a civil debt recoverable
summarily or in any court of competent
jurisdiction.
(2) (a) Any such occupier who pays any such rate
due in respect of such land or from whom
any such rate is recovered shall (unless under
any agreement such rate is payable by him)
be entitled to recover in a court of petty
sessions as a civil debt recoverable
summarily or in any court of competent
jurisdiction from the person to whom he is
liable to pay rent or to deduct from any rent
payable or to become payable by him the
amount so paid by or recovered from him.
(b) The production of the receipt for such rate so
paid by or recovered from such occupier
shall on payment of rent be a good and
sufficient discharge for the amount so paid or
recovered.
(3) No such occupier shall under this section be
required to pay any further sum than the amount
of rent due from him at the time of the demand
made upon him for such rate or which after such
demand and after notice not to pay the same to his
landlord at any time has accrued and become
payable by him unless—
(i) under any agreement such rate is payable by
him; or
28
Border Railways Act 1922
No. 3194 of 1922
Sch. 2
(ii) he neglects or refuses on application being
made to him for that purpose by or on behalf
of the shire council truly to disclose the
amount of his rent and the name and address
of the person to whom such rent is payable;
but the burden of proof that such rate is not under
any agreement payable by him or that the sum
demanded of such occupier is greater than the rent
due by him at the time of such notice or which has
since accrued shall be upon such occupier.
4 Surplus rate in any year to be utilized for following
year
(1) If the total receipts from the railway land purchase
rate in any year leave a credit balance after
payment in full of the amount payable by the shire
council to the Treasurer of Victoria such credit
balance shall be applied towards paying any
money payable to the Treasurer of Victoria in any
other year.
(2) If any credit balance remains after the obligation
of the said council under section two of this Part
of this Schedule is determined such balance shall
be dealt with as the Authority directs.
Sch. 2 Pt 2
cl. 4(2)
amended by
No. 9921
s. 255
(Sch. 12).
5 Default of council to collect railway land purchase
rate
(1) If the said council fails or omits to make land
purchase rates pursuant to this Act or to make levy
and recover sufficient land purchase rates to
enable the said council to pay in any year on the
due date the amount payable in or for such year to
the Treasurer of Victoria the Governor in Council
may empower the Authority to make any
valuations necessary for the purpose and to fix
make levy and recover land purchase rates for
such year and to make payment to the Treasurer of
29
Sch. 2 Pt 2
cl. 5(1)
amended by
No. 9921
s. 255
(Sch. 12).
Border Railways Act 1922
No. 3194 of 1922
Sch. 2
Victoria as provided under section two of this Part
of this Schedule.
Sch. 2 Pt 2
cl. 5(2)
amended by
No. 9921
s. 255
(Sch. 12).
(2) When so empowered the Authority in the name of
the said council shall be entitled to make
valuations when necessary and to make fix levy
and recover (as the case may require) such rates
accordingly, including therein the necessary
expenses incurred by the Authority in so doing;
and the Authority may do anything necessary to
complete or enforce the recovery thereof and for
such purposes shall have and may exercise as
nearly as practicable all the powers and authorities
conferred on the said council by this Act in regard
to railway land purchase rates.
_______________
30
Border Railways Act 1922
No. 3194 of 1922
Sch. 3
THIRD SCHEDULE
AGREEMENT made the 6th day of July One Thousand Nine Hundred and
Eighty-three between the Honourable Laurie John Ferguson Acting Premier
of the State of New South Wales, for and on behalf of that State of the one
part, and the Honourable John Cain Premier of the State of Victoria, for and
on behalf of that State of the other part
WHEREAS by an Agreement made the 14th day of September, 1922
between the then Premier of the State of New South Wales, for and on behalf
of that State, and the then Premier of the State of Victoria, for and on behalf
of that State, which agreement was set out in a Schedule to the Border
Railways Act No. 16 of 1922 of the State of New South Wales and to the
Border Railways Act No. 3194 of 1922 of the State of Victoria and is
hereinafter referred to as the "Border Railways Agreement", it was agreed
inter alia that the Government of the State of Victoria be authorised to
construct certain railways
AND WHEREAS the Euston to Lette Railway was partly constructed only
and the land required in New South Wales for or incidental to the Railway
was not vested in the Government of the State of Victoria or in any
corporation on behalf of the said Government in accordance with the
provisions of the said Act No. 16 as amended and operations on the part of
the Railway constructed have ceased and the trackwork has been dismantled
AND WHEREAS the Gonn Crossing to Stony Crossing Railway was
constructed but the land required in New South Wales for or incidental to the
Railway was not vested as aforesaid in accordance with the provisions of the
said Act No. 16 as amended and operations on the Railway have ceased and
the trackwork has been dismantled
AND WHEREAS the Kerang to Gonn Crossing Railway was constructed but
operations thereon have ceased and the trackwork has been dismantled
NOW it is agreed as follows:
1. The Border Railways Agreement shall be and the same is hereby
amended by deleting clauses 31, 33, 35, 41, 42 and 43.
2. This Agreement is subject to ratification by the Parliaments of New
South Wales and Victoria during the year of Our Lord One Thousand
Nine Hundred and Eighty-three.
31
Sch. 3
inserted by
No. 9956
s. 3(3).
Border Railways Act 1922
No. 3194 of 1922
Sch. 3
IN WITNESS whereof the said LAURIE JOHN FERGUSON and the said
JOHN CAIN have hereunto set their hands and seals the day and year first
above written.
SIGNED SEALED AND
DELIVERED by the abovenamed
LAURIE JOHN FERGUSON, in the
presence of—
JOHN BYRNE






AND by the said JOHN CAIN, in the 
presence of— 

RORY P. SHERIDAN

L. J. FERGUSON (L.S.)
JOHN CAIN (L.S.)
═══════════════
32
Border Railways Act 1922
No. 3194 of 1922
Endnotes
ENDNOTES
1. General Information
The Border Railways Act 1922 was assented to on 21 November 1922 and
came into operation on 1 January 1923: Government Gazette 20 December
1922 page 3470.
33
Border Railways Act 1922
No. 3194 of 1922
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Border Railways Act
1922 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Government Advances (Reduction of Interest) Act 1934, No. 4253/1934
Assent Date:
4.10.34
Commencement Date:
1.7.34: s. 1(2)
Current State:
All of Act in operation
Border Railways Act 1944, No. 5026/1944
Assent Date:
6.11.44
Commencement Date:
6.11.44
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 Border Railways Act 1922
Border Railways Act 1983, No. 9956/1983
Assent Date:
15.11.83
Commencement Date:
S. 4 on 1.1.23: s. 2(2); rest of Act on 15.11.83: s. 2(1)
Current State:
All of Act in operation
Financial Management (Consequential Amendments) Act 1994, No. 31/1994
Assent Date:
31.5.94
Commencement Date:
S. 3(Sch. 1 item 6) on 7.7.94: Government Gazette
7.7.94 p. 1878—see Interpretation of Legislation
Act 1984
Current State:
This information relates only to the provision/s
amending the Border Railways Act 1922
Rail Corporations (Amendment) Act 1997, No. 104/1997
Assent Date:
16.12.97
Commencement Date:
S. 39 on 31.3.98: Special Gazette (No. 23) 31.3.98 p. 1
Current State:
This information relates only to the provision/s
amending the Border Railways Act 1922
Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 13) on 22.11.00: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Border Railways Act 1922
Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)
Assent Date:
2.3.10
Commencement Date:
Ss 24(5)(Sch. 1 item 2), 203(1)(Sch. 6 item 2) on
1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
Current State:
This information relates only to the provision/s
amending the Border Railways Act 1922
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
34
Border Railways Act 1922
No. 3194 of 1922
Endnotes
3. Explanatory Details
No entries at date of publication.
35