Version No. 024
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Version incorporating amendments as at
30 August 2012
TABLE OF PROVISIONS
Section
1
Short title and commencement
PART I—ESTABLISHMENT OF EMERALD TOURIST
RAILWAY BOARD
2
3
4
5
6
7
8
9
10
Establishment of Emerald Tourist Railway Board
Responsibilities and functions of Board
Matters to be provided for by Order in Council
Additional Orders in Council
Membership of Board
Incorporation
Property of Railways Board in tourist railway to pass to Board
Crown land may be used for purposes of railway
First meeting of Board
PART II—PROCEDURE OF BOARD
11
12
13
14
15
16
17
18
19
20
Term of office
Casual vacancies
Chairman
Quorum
Decisions
Travelling allowances etc. of members
Judicial notice
Disqualification from office
Conflict of interest
Procedure
PART III—OFFICERS
21
22
Page
1
2
2
2
3
4
4
5
6
7
8
9
9
9
9
10
10
10
10
11
11
12
13
Manager
Offices
13
14
i
Section
Page
PART IV—FINANCIAL
15
23
General Fund
24, 25 Repealed
26
Borrowing by Board
27
Board may make loans
28
Loans by Minister
29
Application by Board for loan by Minister
PART V—MISCELLANEOUS
30
31
32
33
34
35
36
37
38
39
40
41
41A
41B
42
43
44
45
46
47
48
48A
49
15
15
15
15
16
16
18
Procedure upon default in repayment of loan
Relinquishment of possession by Minister
Appointment of inspector by Governor in Council
Conditions of appointment of inspector
Powers of inspector
Inspector may take possession of books
Examination of officers
Notes of examination
Report of inspector
Contracts of Board
Certificate of chairman to be evidence of ownership by Board
Grants of leases, licences and easements
Grants of leases for up to 50 years
Power to enter and use land
Board to report accidents to Minister
Actions against Board
Execution against Board
Railway etc. not to be sold under execution
Board to make returns to Minister of accidents
Board may adopt by-laws made under Transport Act 1983
Provisions of Fences Act 1968 not to apply
Supreme Court—limitation of jurisdiction
By-laws
__________________
18
19
20
20
21
21
22
23
24
25
26
26
28
29
29
30
30
30
30
30
31
31
31
SCHEDULES
35
SCHEDULE ONE
35
SCHEDULE TWO
36
═══════════════
ii
Section
Page
ENDNOTES
37
1. General Information
37
2. Table of Amendments
38
3. Explanatory Details
40
iii
Version No. 024
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Version incorporating amendments as at
30 August 2012
An Act to make Provision for the Establishment of a Board to be
known as the Emerald Tourist Railway Board for the
Preservation and Operation as a Tourist Attraction of the
Historical Narrow-gauge Steam Railway in the Dandenong
Ranges and for Purposes connected therewith.
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):
1 Short title and commencement
(1) This Act may be cited as the Emerald Tourist
Railway Act 1977.
(2) This Act shall come into operation on a day to be
fixed by proclamation of the Governor in Council
published in the Government Gazette.
*
*
*
__________________
1
*
*
S. 1(3)
repealed by
No. 70/1994
s. 16(a).
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part I—Establishment of Emerald Tourist Railway Board
s. 2
PART I—ESTABLISHMENT OF EMERALD TOURIST
RAILWAY BOARD
2 Establishment of Emerald Tourist Railway Board
(1) At the request of the Puffing Billy Preservation
Society and the Victorian Railways Board and on
the recommendation of the Minister the Governor
in Council may by Order provide for the
constitution and establishment under this Act of
an Emerald Tourist Railway Board and may in
and by that Order authorize the Board, subject to
this Act but notwithstanding anything to the
contrary in any other Act or law to acquire the
undertaking and the land, rolling stock, and other
assets of the Victorian Railways Board which
constitute the narrow-gauge steam railway
commencing at Belgrave at the commencement of
this Act and known as Puffing Billy and, if so
arranged, to discharge any outstanding liabilities
in respect thereof.
(2) In any submission to the Governor in Council that
the Board established under this Act shall take
over the ownership, management, and control of
the said narrow-gauge steam railway whilst there
are liabilities outstanding in respect thereof the
Minister shall cause to be included in his
submission to the Governor in Council particulars
of those liabilities.
S. 3
substituted by
No. 70/1994
s. 4.
3 Responsibilities and functions of Board
(1) The Emerald Tourist Railway Board established
under this Act—
(a) is responsible for the preservation,
development, promotion, operation and
maintenance of the historical narrow-gauge
steam railway referred to in section 2(1); and
2
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part I—Establishment of Emerald Tourist Railway Board
s. 4
(b) may carry out other related operations which
are consistent with the operations of that
railway as a major tourist attraction,
including, but not limited to—
S. 3(1)(b)
substituted by
No. 92/2003
s. 3(1).
(i) the provision of maintenance and
consultancy services to other railway
operations; and
(ii) the development, construction and
management of tourist facilities.
(1A) For the purposes of subsection (1)(b) and
section 41 tourist facilities includes—
(a) tourist accommodation;
(b) interpretation centres and convention
centres;
(c) cafes, restaurants and licensed premises
within the meaning of the Liquor Control
Reform Act 1998;
(d) shops;
(e) carparks;
(f) other related facilities.
(2) The Emerald Tourist Railway Board shall not for
any purpose be taken or deemed to be a common
carrier.
4 Matters to be provided for by Order in Council
The Order in Council providing for the
establishment of the Board shall subject to this
Act—
(a) if the Board is the successor of some other
body or bodies corporate or unincorporate—
specify that fact and the name of the body or
bodies the Board succeeds and general
particulars of the undertaking which is
3
S. 3(1A)
inserted by
No. 92/2003
s. 3(2).
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part I—Establishment of Emerald Tourist Railway Board
s. 5
intended to pass to the Board upon the
incorporation of the Board;
(b) state the total amount of money which may
be granted or lent pursuant to the provisions
of this Act by the Minister to the Board for
the purposes of this Act and also the amount
which the Board may borrow by way of
overdraft or loan;
(c) provide for the winding up of the Board in
circumstances in which a company may be
wound up under the Companies Act 1961;
(d) contain such other provisions as the
Governor in Council thinks fit in the
circumstances; and
(e) be published in the Government Gazette.
5 Additional Orders in Council
On the petition of the Board the Governor in
Council may make any additional Order in
Council and in any such Order—
(a) may vary the original Order to provide for
any matter which might have been provided
for in the original Order; and
(b) may alter the name of the Board.
6 Membership of Board
(1) The Emerald Tourist Railway Board shall consist
of not less than five nor more than ten persons
appointed by the Governor in Council to be
members of the Board of whom—
(a) four shall be nominated by the Puffing Billy
Preservation Society;
4
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part I—Establishment of Emerald Tourist Railway Board
s. 7
(b) one shall be nominated by the Minister
administering the Transport Integration
Act 2010;
S. 6(1)(b)
amended by
Nos 70/1994
s. 16(b), 6/2010
s. 203(1)(Sch. 6
item 17.1) (as
amended by
No. 45/2010
s. 22).
(c) one shall be experienced in the promotion
and management of tourism;
(d) one shall be experienced in banking or
finance;
(e) two shall be persons the Governor in Council
thinks specially qualified to achieve the aims
of the Board.
(1A) Not more than 2 members of the Board appointed
under subsection (1) may be managers or other
officers or employees of the Board.
(2) The members of the Board shall not in any way be
personally liable to the Board or to any person for
anything done by them in the course of carrying
out their duties under this Act in accordance with
the provisions of this Act and the by-laws.
7 Incorporation
The members of the Board shall be a body
corporate by the name of Emerald Tourist
Railway Board and by that name shall have
perpetual succession and a common seal and shall
be capable in law of suing and being sued and
shall, subject to this Act, have power to take,
purchase, sell, lease, take on lease, and hold lands,
goods, chattels, and other property and to enter
into any contract, agreement or arrangement for
any of the purposes of this Act.
5
S. 6(1A)
inserted by
No. 70/1994
s. 5.
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part I—Establishment of Emerald Tourist Railway Board
s. 8
8 Property of Railways Board in tourist railway to
pass to Board
(1) 1Upon the incorporation of the Board under this
Act and without any further or other authority
than the provisions of this section but subject to
the provisions of subsection (2)—
(a) the provisions of the Fern Tree Gully and
Gembrook Railway (Reconstruction) Act
1948 and of section 2 of the Railways
Dismantling Act 1963 shall cease to have
effect so far as those provisions relate to the
said historical narrow-gauge steam railway;
(b) all the right title and interest of the Victorian
Railways Board in the property referred to in
this paragraph shall pass to and be vested in
the Board, namely—
S. 8(1)(b)(i)
amended by
No. 18/1989
s. 13(Sch. 2
item 26(a)(b)).
(i) the lands of the Victorian Railways
Board described in the folios of the
Register referred to in Schedule One
being lands vested in the said Board for
the purposes of the Fern Tree Gully and
Gembrook Railway and lying between
the southern boundary of the land
described in folio of the Register
Volume 2841 Folio 169 and the
southern boundary of the land
described in folio of the Register
Volume 2763 Folio 405;
(ii) the permanent way, rolling stock,
signals, and other fittings, fixtures, and
appurtenances of the said railway; and
(iii) all plans, drawings, records, equipment,
materials and parts relating to the said
railway; and
6
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part I—Establishment of Emerald Tourist Railway Board
s. 9
(c) all the right title and interest of the Victorian
Railways Board in the lands described in the
folios of the Register referred to in Schedule
Two is divested out of the Victorian
Railways Board and surrendered to Her
Majesty and shall become and be unalienated
land of the Crown deemed to be permanently
reserved under section 14 of the Land Act
1958 for public recreation.
(2) The Board shall not sell or otherwise dispose of
any of the lands described in the folios of the
Register referred to in Schedule One for an estate
in fee simple without the consent in writing of the
Minister administering the National Rail
Corporation (Victoria) Act 1991.
S. 8(1)(c)
amended by
No. 18/1989
s. 13(Sch. 2
item 26(a)).
S. 8(2)
amended by
Nos 18/1989
s. 13(Sch. 2
item 26(a)),
46/1998
s. 7(Sch. 1).
(3) Upon the incorporation of the Board under this
Act the liabilities (if any) of the Victorian
Railways Board in respect of any of the property
referred to in subsection (1)(b) shall pass to the
Board.
(4) The Board shall cause to be prepared and
furnished to the Minister within twelve months
after the incorporation of the Board an inventory
certified by an officer of the Victorian Railways
Board and an officer of the Board of the property
which has vested in the Board pursuant to the
provisions of subsection (1)(b)(ii).
9 Crown land may be used for purposes of railway
(1) Any unalienated land of the Crown which was
used for the purposes of the said railway or in
connexion with the railway immediately before
the commencement of this Act or is required by
the Emerald Tourist Railway Board for the
purposes of this Act may, with the concurrence of
the Minister for the time being administering the
Conservation, Forests and Lands Act 1987, be
so used by the Board for the purposes of this Act.
7
S. 9(1)
amended by
No. 41/1987
s. 103(Sch. 4
item 16.1).
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part I—Establishment of Emerald Tourist Railway Board
s. 10
(2) Upon the publication in the Government Gazette
of a description of any such unalienated land of
the Crown the land shall become vested in the
Board as if it were reserved under the Land Act
1958 for the purposes of this Act but shall be and
remain lands of the Crown.
10 First meeting of Board
(1) The members of the Board shall hold their first
meeting at such time and place as the Governor in
Council appoints in that behalf and shall proceed
to put this Act into execution.
(2) On the day appointed under subsection (1) the
Board shall be and be deemed to be duly and
legally constituted in pursuance of the provisions
of this Act.
__________________
8
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part II—Procedure of Board
s. 11
PART II—PROCEDURE OF BOARD
11 Term of office
Subject to this Act the members of the Board are
entitled to hold office for a period of three years
from the date of their appointment and are eligible
for re-appointment.
12 Casual vacancies
(1) In the event of a vacancy occurring in the office of
member of the Board the Governor in Council
may appoint some eligible person to be a member
and, if the person whose office is vacant was
nominated by some person or body, may make the
appointment on the like nomination.
(2) Any person appointed to fill a casual vacancy in
the office of member shall be entitled to hold
office for the remainder of the term of office of
the person in whose stead he is appointed and
shall be eligible for re-appointment.
13 Chairman
(1) At the first meeting of the Board in each year the
members of the Board shall appoint one of the
members to be chairman of the Board and one of
the members to be the deputy chairman of the
Board.
(2) The chairman shall preside at all meetings of the
Board at which he is present and in his absence
the deputy chairman shall preside and in the
absence of both the chairman and the deputy
chairman, a member elected by the members
present to be chairman of the meeting shall
preside.
9
S. 13(1)
amended by
No. 70/1994
s. 6(a).
S. 13(2)
amended by
No. 70/1994
s. 6(b).
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part II—Procedure of Board
s. 14
14 Quorum
(1) A quorum of the Board consists of a majority of
the total number of members for the time being
holding office.
(2) Subject to the presence of a quorum the Board
may act notwithstanding any vacancy in its
membership.
15 Decisions
(1) The decision on any question of a majority of the
members present at a meeting of the Board shall,
subject to the presence of a quorum, be the
decision of the Board on that question.
(2) In the event of an equality of votes on any
question the chairman of the meeting shall have a
second or casting vote.
S. 16
amended by
No. 70/1994
s. 7.
16 Travelling allowances etc. of members
The chairman and every other member of the
Board is entitled to receive from the Board such
travelling and other allowances as are from time
to time fixed by the Board.
17 Judicial notice
(1) All courts, judges, and persons acting judicially
shall take judicial notice of the incorporation of
the Board and of the common seal of the Board
affixed to any deed, instrument, or writing and
shall presume that any such seal was properly
affixed.
(2) Every such deed, instrument, or writing when
sealed and whether required to be sealed or not
shall be admissible in evidence for and against the
Board on the production thereof without any other
or further proof of the making thereof or of the
due incorporation of the Board.
10
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part II—Procedure of Board
s. 18
18 Disqualification from office
The office of member of the Board becomes
vacant if the member—
(a) is absent without leave from four
consecutive meetings of the Board;
(b) by writing under his hand addressed to the
Governor in Council resigns his office as
member;
(c) is an undischarged bankrupt or person whose
property is subject to an order or
arrangement under the laws relating to
bankruptcy;
(d) is attainted of treason or convicted of an
indictable offence or is a person of unsound
mind.
*
*
*
*
*
19 Conflict of interest
(1) Any member of the Board who—
(a) for profit or reward is concerned in any
contract or participates in any manner in any
work to be done under the authority of this
Act; or
(b) derives or is entitled to any benefit either
directly or indirectly from any such contract
or work—
shall disclose to the Board the nature of his
interest in that contract or work and shall not be
present at any meeting of the Board whilst that
contract or work is being discussed or vote on any
question with respect to that contract or work.
11
S. 18(d)
amended by
No. 70/1994
s. 8(a).
S. 18(e)
repealed by
No. 70/1994
s. 8(b).
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part II—Procedure of Board
s. 20
(2) No person being a shareholder or member of a
company consisting of more than twenty persons
shall be disqualified from acting as a member of
the Board by reason of any contract entered into
between such company and the Board but no such
shareholder or member shall act as a member of
the Board in any matter relating to a contract
entered into between the Board and the company.
20 Procedure
(1) Subject to this Act the Board may regulate its own
procedure.
(2) The Board may employ such consultants and
technical advisers as the Board considers
necessary from time to time for enabling the
Board to carry out its functions under this Act.
S. 20(3)
amended by
No. 70/1994
s. 9.
(3) The Board may make rules governing the
proceedings of the Board, the management of the
affairs of the Board, and the duties of its officers
and employés.
__________________
12
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part III—Officers
s. 21
PART III—OFFICERS
21 Manager
(1) The Board shall appoint some competent person
or persons to manage the business of the Board.
(2) Any manager of the Board shall hold office on
such terms and conditions as are determined by
the Board prior to his appointment and shall be
entitled to receive such salary and travelling and
other allowances as are from time to time
determined by the Board.
(3) Subject to the direction and control of the Board a
manager of the Board—
(a) shall carry out or cause to be carried out the
decisions of the Board and general policies
determined by the Board;
(b) shall attend meetings of the Board;
(c) shall be responsible for staff and the
maintenance of proper records and accounts;
and
(d) shall promote the objects of the Board to the
best of his ability.
(4) A person appointed to be the manager of the
Board shall not engage in any other employment
without the approval in writing of the Board and
shall not dismiss from office or employment
without the approval in writing of the Board any
officer or employé who was employed or engaged
in the undertaking immediately before the
establishment of the Board.
13
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part III—Officers
s. 22
(5) For the purposes of Part VIII of the Labour and
Industry Act 1958 any period of employment or
service in the undertaking prior to the
establishment of the Board shall be deemed to be
employment or service with the Board.
S. 21(6)
amended by
No. 70/1994
s. 16(c).
(6) Any officer of the Board who at the date of his
appointment was an officer within the meaning of
the State Superannuation Act 1988 shall subject
to the State Superannuation Act 1988 continue
to be an officer within the meaning of that Act.
22 Offices
(1) The Board—
(a) shall provide and maintain a fit and
convenient office for holding meetings of the
Board and transacting the business of the
Board and for the use of its manager and
other officers and employés; and
(b) shall cause the manager or some other person
authorized in that behalf by the Board to
attend at the office of the Board during the
days and hours notified to the public as the
days and hours during which the office will
be open.
(2) The Board shall cause particulars of the location
of the office of the Board and the days upon
which and the hours during which the office is
open to the public to be prominently displayed on
all stations of the Emerald Tourist Railway.
__________________
14
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part IV—Financial
s. 23
PART IV—FINANCIAL
23 General Fund
All moneys received by the Board (including loan
moneys) shall be paid into and form a fund to be
called the "General Fund" and may be applied by
the Board in carrying this Act into execution.
*
*
*
*
*
26 Borrowing by Board
(1) Subject to this Act the Board may borrow by way
of loan, advance, or overdraft such moneys as it
thinks necessary from time to time for carrying
out its objects.
(2) Before the Board adopts any project or scheme or
programme of works involving in whole or in part
the expenditure of moneys borrowed or proposed
to be borrowed by the Board under this Act the
Board shall obtain the approval of the Minister
and for that purpose shall submit or cause to be
submitted to the Minister a statement of the
purpose of the expenditure, including particulars
of any proposed works or services, and a detailed
statement of the manner in which the Board
proposes to repay the moneys to be borrowed
under the project, scheme, or programme.
27 Board may make loans
(1) For carrying out its objects the Board may make
loans to any person seeking to assist in
establishing or developing the undertaking of the
Board on such terms and conditions as the Board
thinks fit.
15
Ss 24, 25
repealed by
No. 31/1994
s. 4(Sch. 2
item 27).
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part IV—Financial
s. 28
(2) The Board shall not make a loan to a member,
officer, or employé of the Board or enter into a
guarantee with respect to any member, officer, or
employé of the Board.
28 Loans by Minister
S. 28(1)
amended by
No. 31/1994
s. 3(Sch. 1
item 23).
(1) Subject to this Act the Minister may upon such
terms and conditions as are agreed upon between
the Minister and the Board or, in the absence of
any agreement, upon such terms and conditions as
the Minister thinks fit make any grant or loan to
the Board out of moneys for the purpose and may
make advances from time to time on account of
any such grant or loan.
(2) All loans made by the Minister to the Board and
all advances thereunder shall together with
interest be charged upon the property and
revenues of the Board.
29 Application by Board for loan by Minister
An application by the Board for a grant or loan by
the Minister shall not be considered until there has
been prepared and laid before the Minister the
following documents verified by the signature of
some competent architect, engineer, or like person
approved by the Minister:
(a) A detailed statement showing—
(i) the cost of all works or undertakings
paid for out of any grant or loan
previously granted by the Minister to
the Board;
(ii) the purposes served by such works;
(iii) the cost of maintenance and
management of such works; and
(iv) the annual net revenue derived from
such works;
16
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part IV—Financial
s. 29
(b) A description of the works proposed to be
executed by the Board and an estimate of the
cost of their construction;
(c) An estimate of the additional revenue or
other benefit to be derived therefrom; and
(d) A report as to whether the proposed works
are considered to be feasible and satisfactory.
__________________
17
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part V—Miscellaneous
s. 30
PART V—MISCELLANEOUS
30 Procedure upon default in repayment of loan
(1) In case default is made by the Board in the
repayment of moneys lent by the Minister—
S. 30(1)(a)
amended by
Nos 70/1994
s. 16(d),
46/1998
s. 7(Sch. 1).
(a) the Secretary to the Department of Treasury
and Finance shall give notice of the default
to the Minister; and
(b) thereupon, without prejudice to any other
remedies, the Minister may after the
expiration of three months from the date at
which the last of such payments became due
give one month's notice in writing of the
default to the Board.
(2) After the expiration of the period of notice
referred to in subsection (1) unless payment of the
amount due is made in the meantime the Minister
may enter upon and take possession of and
manage and maintain the undertaking of the Board
and all the property and revenues of the Board and
without further or other authority than this section
may do all things which may be done by the
Board in all respects as though the Minister were
the Board and any reference in any Act to the
Board includes the Minister during such time as
he retains such possession.
(3) The Minister—
(a) may appoint some person on his behalf to
enter and take possession of the undertaking
of the Board and the property and revenues
of the Board and the person so appointed
shall, subject to the Minister, manage and
maintain the undertaking and the property
and revenues of the Board and in relation
thereto may exercise all the powers, rights,
18
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part V—Miscellaneous
s. 31
and duties of the Minister as provided under
this section; and
(b) may at any time remove any person
appointed under paragraph (a) and appoint
some other person in his place.
31 Relinquishment of possession by Minister
(1) Possession of the undertaking of the Board and of
any property and revenues taken by the Minister
under section 30 may be relinquished at such time
and in such manner and upon such terms and
conditions as the Minister thinks fit.
(2) The Minister may on the relinquishment of
possession reserve any of the said property and
revenues and any powers rights and duties of the
Board with a view to the payment of any moneys
remaining or accruing due to the Treasurer of
Victoria from or on account of the Board.
(3) Upon relinquishment all property, revenues,
powers, rights, and duties which became vested in
the Minister shall so far as they are not reserved
revert to and become vested in the Board.
(4) A relinquishment under this section shall be
without prejudice to the power of again taking
possession of the undertaking of the Board or any
property, revenues, powers, rights, and duties as
provided in this section and without prejudice to
any security for the repayment of any loan or
advance by the Minister.
19
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part V—Miscellaneous
s. 32
32 Appointment of inspector by Governor in Council
Where it appears to the Governor in Council
that—
(a) it is desirable for the protection of the public;
(b) it is in the public interest because fraud or
misfeasance or other misconduct by a person
who is or has been concerned with the affairs
of the Board is alleged; or
(c) in any case it is in the public interest—
to appoint an inspector to investigate affairs of the
Board he may by instrument in writing appoint an
inspector.
33 Conditions of appointment of inspector
(1) The Governor in Council in the instrument
appointing an inspector shall specify full
particulars of the appointment including—
(a) the matters into which the investigation is to
be made being all the affairs or particular
affairs of the Board;
(b) the period in respect of which the
investigation is to be made; and
(c) the terms and conditions of the appointment
of the inspector including terms and
conditions relating to remuneration.
(2) The Governor in Council may by notice in writing
given to any inspector terminate his appointment
at any time.
(3) Notice of the appointment and notice of the
termination of the appointment of an inspector
shall be published in the Government Gazette.
20
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part V—Miscellaneous
s. 34
34 Powers of inspector
(1) In the course of an investigation under this Part an
inspector may require an officer of the Board by
notice in writing in accordance with the prescribed
form given in the prescribed manner—
(a) to produce to the inspector such books of the
Board and other books relating to affairs of
the Board as are in the custody or under the
control of the officer;
(b) to give to the inspector all reasonable
assistance in connexion with the
investigation; and
(c) to appear before the inspector for
examination on oath.
(2) An inspector may administer an oath referred to in
paragraph (c) in subsection (1).
(3) An inspector shall not exercise his powers under
subsection (1) in respect of an officer of the Board
unless he has furnished to the officer a certificate
stating that he is investigating affairs of the Board
under this Part and that the officer is an officer of
the Board.
35 Inspector may take possession of books
Where books are produced to an inspector under
this Part the inspector may take possession of the
books for such period as he considers necessary
for the purposes of the investigation and during
that period he shall permit a person who would be
entitled to inspect any one or more of those books
if they were not in the possession of the inspector
to inspect at all reasonable times such of those
books as that person would be so entitled to
inspect.
21
S. 34(3)
amended by
No. 74/2000
s. 3(Sch. 1
item 39).
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part V—Miscellaneous
s. 36
36 Examination of officers
S. 36(1)
amended by
No. 70/1994
s. 16(e).
(1) Where affairs of the Board are being investigated
under this Part an officer of the Board shall not—
(a) refuse or fail to comply with a requirement
of an inspector under section 34 to the extent
to which he is able to comply with it;
(b) in purported compliance with such a
requirement knowingly furnish information
that is false or misleading in a material
particular; or
(c) when appearing before an inspector for
examination in pursuance of such a
requirement—
(i) knowingly make a statement that is
false or misleading in a material
particular; or
(ii) refuse or fail to be sworn.
Penalty: 10 penalty units.
S. 36(2)
amended by
No. 18/2005
s. 18(Sch. 1
item 36).
(2) An Australian legal practitioner (within the
meaning of the Legal Profession Act 2004)
acting for the officer—
(a) may attend the examination; and
(b) may, to the extent that the inspector
permits—
(i) address the inspector; and
(ii) examine the officer—
in relation to matters in respect of which the
inspector has questioned the officer.
(3) The officer is not excused from answering a
question put to him by the inspector on the ground
that the answer might tend to incriminate him but,
where the officer claims before answering the
question, that the answer might tend to
22
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part V—Miscellaneous
s. 37
incriminate him, neither the question nor the
answer is admissible in evidence against him in
criminal proceedings other than proceedings under
subsection (1) or in relation to a charge of perjury
in respect of the answer.
(4) A person who complies with a requirement of an
inspector under section 34 shall not incur any
liability to any person by reason only of that
compliance and for the purposes of this subsection
a certificate under section 34(3) is conclusive
evidence of the facts required to be stated in that
certificate.
(5) A person required to attend for examination under
this Part is entitled to receive such allowances and
expenses as are prescribed.
37 Notes of examination
(1) An inspector may cause notes of an examination
made by him under this Part to be recorded in
writing and be read to or by the person examined
and may require that person to sign the notes and,
subject to this section, notes signed by that person
may be used in evidence in any legal proceedings
against that person.
(2) A copy of the notes signed by a person shall be
furnished without charge to that person upon
request made by him in writing.
(3) Notes made under this section that relate to a
question the answer to which a person has claimed
might tend to incriminate him shall not be used as
evidence in criminal proceedings other than
proceedings under subsection (1) of section 36 or
in relation to a charge of perjury in respect of the
answer.
(4) Nothing in this section affects or limits the
admissibility of other written evidence or of oral
evidence.
23
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part V—Miscellaneous
s. 38
(5) Where a report is made under section 38 any notes
recorded under this section relating to that report
shall be furnished with the report.
38 Report of inspector
(1) An inspector—
(a) may make one or more reports in writing to
the Minister during an investigation of
affairs of the Board and if so directed in
writing by the Governor in Council shall
make such reports as are specified in the
direction; and
(b) shall, on the completion or termination of the
investigation, report in writing to the
Governor in Council and to the Minister on
the result of the investigation.
(2) A report shall include a statement of the opinion
of the inspector in relation to the affairs of the
Board and the facts on which that opinion is
based.
(3) An inspector shall not include in a report any
recommendation relating to the institution of
criminal proceedings or any statement to the effect
that in his opinion a specified person has
committed a criminal offence but, where an
inspector is of the opinion that criminal
proceedings ought to be instituted or that a person
has committed a criminal offence, he shall state
that opinion in writing given to the Minister.
(4) Subject to subsection (5) a copy of a report made
to the Minister under this section shall be given to
the Board.
(5) Subject to subsection (6) the Minister shall not
give a copy of a report under this Part to the Board
if he believes that legal proceedings which have
been or which in his opinion might be instituted
might be prejudiced by the report.
24
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part V—Miscellaneous
s. 39
(6) The court before which legal proceedings are
brought against the Board or other person for or in
respect of matters dealt with in a report under this
Part may order that a copy of the report be given
to the Board or person.
(7) The Governor in Council may, if he is of opinion
that it is in the public interest so to do, cause the
whole or any part of a report to be printed and
published.
(8) A copy of a report of an inspector purporting to be
certified as such a report by the Minister is
admissible in legal proceedings as evidence of the
inspector's report.
(9) Nothing in this section operates to diminish the
protection afforded to witnesses by the Evidence
(Miscellaneous Provisions) Act 1958 or the
Evidence Act 2008.
39 Contracts of Board
(1) The Board by its corporate name may enter into
contracts with any persons for the execution of
any work authorized by or under this Act to be
done by the Board or which the Board thinks
proper to do or to direct to be done under or by
virtue of the powers conferred upon it by this Act
or for any other matters and things whatsoever
necessary for enabling the Board to carry the
purposes of this Act into full and complete effect
in such manner and upon such terms and for such
sum of money and subject to such conditions,
limitations, and restrictions as the Board thinks fit.
(2) Every such contract shall be in writing and shall
specify the works to be done, the materials to be
furnished, the prices to be paid, the times within
which the works are to be completed or materials
furnished, and the penalties to be suffered in case
of non-performance thereof.
25
S. 38(9)
amended by
No. 69/2009
s. 54(Sch. Pt 1
item 20).
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part V—Miscellaneous
s. 40
(3) Any such contract may also specify the person to
whose satisfaction the work is to be completed or
materials furnished and the mode of determining
any dispute which arises concerning or in
consequence of the contract.
S. 39(4)
substituted by
No. 70/1994
s. 10.
(4) A contract made by the Board the consideration
for which exceeds $200 000 is of no force or
effect unless approved by the Minister.
40 Certificate of chairman to be evidence of ownership
by Board
A certificate purporting to be signed by the
chairman of the Board for the time being to the
effect that any lands, stations, or buildings
described in the certificate are vested in the Board
or are or were at any specified time used for the
purposes of the Emerald Tourist Railway within
the meaning of section 9 shall be prima facie
evidence that such lands, stations, or buildings are
so vested and shall be received in evidence in any
proceedings in any court.
41 Grants of leases, licences and easements
S. 41(1)
amended by
No. 70/1994
s. 11.
S. 41(1)(a)
substituted by
No. 92/2003
s. 4.
(1) The Board may in respect of any land vested in
the Board under this Act grant—
(a) a lease—
(i) of any tourist facilities, shed, office,
house or other building or part of a
building;
(ii) of any site for the erection of any
tourist facilities, shed, office, house or
other building or part of a building;
(iii) for storage purposes;
26
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part V—Miscellaneous
s. 41
(iv) for other purposes including, but not
limited to, the development,
construction and management of any
tourist facilities, shed, office, house or
other building or part of a building;
(b) a licence for any purpose but particularly
with respect to—
(i) the right of entry to any station by
vehicle;
(ii) the right to exhibit advertisements; or
(iii) the use of any facilities or equipment;
and
(c) an easement over any land vested in the
Board other than an easement on or across a
railway line or any land which is unalienated
Crown land—
on such terms and conditions as the Board thinks
fit.
(2) Any lease licence or other authority granted or
issued by the Victorian Railways Board or the
Victorian Railways Commissioners before the
commencement of this Act with respect to any
land or other property affected by the provisions
of this Act shall continue in force for the
remainder of the period for which it is granted or
issued in all respects as if it were granted or issued
by the Board under this Act where the land or
property is vested in the Board under this Act or
pursuant to the provisions of the Land Act 1958
where the land or property becomes unalienated
Crown land pursuant to the provisions of this Act.
27
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part V—Miscellaneous
s. 41A
(3) Without any further or other authority than the
provisions of this subsection the Board may use or
permit to be used as determined by the Board for
public recreation amusement entertainment or
instruction any land under the management or
control of the Board for the purposes of this Act.
S. 41A
inserted by
No. 92/2003
s. 5.
41A Grants of leases for up to 50 years
(1) This section and section 41B have effect despite
anything to the contrary in the Land Act 1958 or
the Crown Land (Reserves) Act 1978.
(2) The Board must not grant a lease under
section 41(1)(a) for a period exceeding 21 years
unless the Minister, in writing to the Board, has
approved the granting of the lease.
(3) A lease granted under section 41(1)(a) for a period
exceeding 21 years must not be for a period
exceeding 50 years.
(4) A lease granted under section 41(1)(a) for a period
exceeding 21 years—
(a) may contain provision for the period of the
lease to be extended one or more times, but
the aggregate of the initial period and any
extensions must not exceed 50 years; and
(b) may contain provision for a lessee to remain
in occupation of the land under the same
terms and conditions as existed under the
lease, at the discretion of the lessor, for a
period of not more than 3 months from the
expiry of the lease; and
(c) is subject to any covenants, exceptions,
reservations and conditions that are
determined by the Board and approved in
writing by the Minister.
28
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part V—Miscellaneous
s. 41B
41B Power to enter and use land
(1) If a lease of land is granted under section 41(1)(a)
the lessee, its servants or agents may, in
accordance with that lease, enter and use the land
for the purposes of—
S. 41B
inserted by
No. 92/2003
s. 5.
(a) carrying out the construction of the facilities
or buildings referred to in section 41(1)(a) on
the land; and
(b) carrying out the construction of structures
ancillary but related to those facilities or
buildings on the land; and
(c) altering, repairing, maintaining and
removing those facilities, buildings or
structures; and
(d) developing or managing the facilities,
buildings or structures.
(2) Subsection (1) does not apply unless written
consent to the entry or use has been obtained from
the Board.
42 Board to report accidents to Minister
If an accident occurs in the course of operation of
the Emerald Tourist Railway which results in loss
of life or serious injury to any person or serious
damage to property or to the environment, the
Board must—
(a) advise the Minister of the accident as soon as
practicable; and
(b) appoint any persons that the Board thinks fit
to hold an inquiry into the matter; and
(c) as soon as practicable after the inquiry, send
to the Minister full information of the
accident and the report of the persons who
held the inquiry.
29
S. 42
substituted by
No. 70/1994
s. 12.
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part V—Miscellaneous
s. 43
43 Actions against Board
All actions for losses caused by sparks from
railway engines operated by the Board shall be
referred to arbitration.
44 Execution against Board
No writ of execution shall be issued against the
Board until the expiration of fourteen days next
after the final judgment has been completely
signed.
45 Railway etc. not to be sold under execution
No part of the railway or real property vested in
the Board shall be liable to be sold under any writ
of execution or other process of any court.
46 Board to make returns to Minister of accidents
The Board shall in such form and manner as the
Minister requires for his information with a view
to the public safety make periodical and other
returns of accidents occurring in the course of the
public traffic upon the Emerald Tourist Railway
whether attended with personal injury or not.
47 Board may adopt by-laws made under Transport
Act 1983
S. 47(1)
amended by
Nos 70/1994
s. 16(f)(i)(ii),
6/2010
s. 203(1)(Sch. 6
item 17.2)(as
amended by
No. 45/2010
s. 22).
(1) The Board may adopt with such alterations of
form only as may be necessary any of the
Regulations from time to time made concerning
railways under the provisions of the Transport
(Compliance and Miscellaneous) Act 1983 or
any corresponding previous enactment and at the
time of the Board's adoption thereof still in force.
S. 47(2)
amended by
No. 70/1994
s. 16(g).
(2) At the expiration of one month after notice of such
adoption is published in the Government Gazette
such Regulations shall have the same effect as if
made under this Act and shall continue to have
such effect until cancelled by notice published in
the Government Gazette.
30
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part V—Miscellaneous
s. 48
(3) The Board shall have the same remedies for
breach of the said Regulations as the Board has
for breaches of by-laws made under this Act.
S. 47(3)
amended by
No. 70/1994
s. 16(h).
48 Provisions of Fences Act 1968 not to apply
(1) The provisions of the Fences Act 1968 shall not
apply to or with respect to any lands vested in the
Board by this Act or used for the purposes of the
Emerald Tourist Railway and the Board shall not
be liable under the Fences Act 1968 to make any
contribution towards the construction or repairing
of any dividing fence between the land of any
occupier and any land vested in the Board for the
purposes of this Act.
S. 48(1)
amended by
No. 70/1994
s. 13(a).
(2) Despite any Act or rule of law to the contrary, the
Board is not liable for any damage which may be
caused by reason of the Emerald Tourist Railway
not being fenced in or fenced off.
S. 48(2)
inserted by
No. 70/1994
s. 13(b).
48A Supreme Court—limitation of jurisdiction
It is the intention of this section to alter or vary
section 85 of the Constitution Act 1975 to the
extent necessary to prevent the Supreme Court
from entertaining actions relating to damage
caused by reason of the Emerald Tourist Railway
not being fenced in or fenced off.
S. 48A
inserted by
No. 70/1994
s. 14.
49 By-laws
(1) The Board may make by-laws for governing the
affairs of the Board and in particular, without in
any way limiting or derogating from the generality
of the foregoing provisions of this section, for or
with respect to—
(a) meetings of the Board and the management
and conduct of business thereat;
31
S. 49(1)
amended by
No. 70/1994
s. 15(a)(b).
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part V—Miscellaneous
s. 49
(b) the control, supervision, and guidance of all
officers of and the control of all property
vested in or belonging to the Board and the
time and mode of accounting by officers for
all moneys coming into their hands;
(c) the conduct, maintenance, management, and
control of the Emerald Tourist Railway
(including the trains thereon) and the
carrying out of any necessary works;
(d) the mode of making contracts for the
purposes of this Act and supervising the
execution thereof;
(e) the management and improvement of the
lands vested in the Board under this Act;
(f) the making, levying, and collecting of
charges and fares and for services performed
by the Board;
(g) forms for the purposes of this Act;
(h) any matters authorized or required by this
Act to be prescribed;
(i) the conduct of members of the public on
trains and premises managed and controlled
by the Board and the removal of persons
contravening or failing to comply with such
by-laws;
S. 49(1)(j)
amended by
No. 70/1994
s. 16(i).
(j) imposing penalties of not more than
2 penalty units for any contravention of or
failure to comply with the by-laws and
authorizing the prosecution of offenders; and
(k) generally carrying out the objects of this Act.
S. 49(1A)
inserted by
No. 70/1994
s. 15(b).
(1A) The Board must obtain the approval of the
Minister before making any by-law under
subsection (1)(i) or (j).
32
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part V—Miscellaneous
s. 49
(2) Notice of the making of any by-laws under this
section and of the place where a copy of the bylaws may be inspected shall be published as soon
as practicable and exhibited in all offices, stations,
and other buildings of the Board to which the
public have access.
(3) Copies of all by-laws made by the Board under
this section shall be sent to the Minister within
one month after they are made.
(4) The Minister shall cause a copy of all such
by-laws to be laid before each House of
Parliament within fourteen days after receiving
copies thereof if Parliament is then sitting and, if
Parliament is not then sitting, within fourteen days
after the next meeting of Parliament and any such
by-laws shall be disallowed if each House of the
Parliament passes a resolution accordingly.
(5) Notice of a resolution to disallow a by-law must
be given in the House in question on or before the
twelfth day upon which that House sits after the
by-law is laid before that House and the resolution
must be passed on or before the twelfth day upon
which that House sits after notice of the resolution
has been given in that House but the power of
either House to pass a resolution disallowing the
by-law shall not be affected by the prorogation or
dissolution of the Parliament or of either House of
the Parliament and for the purpose of this section
the calculation of days upon which a House has
sat shall be made as if there had been no such
prorogation or dissolution.
(6) Notice of a resolution to disallow a by-law may be
expressed to apply to the whole or to any part of
the by-law and a resolution to disallow the whole
or any part of a by-law shall have effect according
to its tenor.
33
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Part V—Miscellaneous
s. 49
(7) Where a by-law is disallowed by Parliament the
disallowance shall have the like effect to the
repeal of an enactment.
__________________
34
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Sch. 1
SCHEDULES
SCHEDULE ONE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Folio of the Register 2841 Folio 169
Folio of the Register 2790 Folio 896
Folio of the Register 2779 Folio 684
Folio of the Register 5918 Folio 471
Folio of the Register 5957 Folio 391
Folio of the Register 2847 Folio 357
Folio of the Register 2776 Folio 089
Folio of the Register 2788 Folio 510
Folio of the Register 2816 Folio 118
Folio of the Register 2827 Folio 212
Folio of the Register 2766 Folio 123
Folio of the Register 3168 Folio 409
Folio of the Register 2765 Folio 994
Folio of the Register 2789 Folio 626
Folio of the Register 3168 Folio 410
Folio of the Register 2827 Folio 213
Folio of the Register 3168 Folio 411
Folio of the Register 2799 Folio 749
Folio of the Register 3960 Folio 958
Folio of the Register 2798 Folio 496
Folio of the Register 3051 Folio 106
Folio of the Register 2794 Folio 799
Folio of the Register 2765 Folio 803
Folio of the Register 2765 Folio 896
Folio of the Register 2783 Folio 475
Folio of the Register 2758 Folio 451
Folio of the Register 2909 Folio 747
Folio of the Register 2824 Folio 630
Folio of the Register 2804 Folio 604
Folio of the Register 5583 Folio 549
Folio of the Register 2788 Folio 491
Folio of the Register 2794 Folio 699
Folio of the Register 2763 Folio 405
Lease No. 10030 in the Register
––––––––––––––––––––––––––––––––––––––––––––––––––––––––
—————————
35
Sch. 1
amended by
No. 18/1989
s. 13(Sch. 2
item 26(c)(d)).
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Sch. 2
Sch. 2
amended by
No. 18/1989
s. 13(Sch. 2
item 26(c)).
SCHEDULE TWO
––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Folio of the Register 2906 Folio 065
Folio of the Register 2783 Folio 571
Folio of the Register 2796 Folio 170
Folio of the Register 2954 Folio 648
Folio of the Register 3101 Folio 046
Folio of the Register 3014 Folio 749
Folio of the Register 2783 Folio 505
Folio of the Register 3156 Folio 136
Folio of the Register 3153 Folio 565
Folio of the Register 2920 Folio 979
Folio of the Register 2819 Folio 688
Folio of the Register 2804 Folio 664
Folio of the Register 2789 Folio 773
Folio of the Register 2808 Folio 415
––––––––––––––––––––––––––––––––––––––––––––––––––––––––
═══════════════
36
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Endnotes
ENDNOTES
1. General Information
The Emerald Tourist Railway Act 1977 was assented to on 17 May 1977
and came into operation on 1 October 1977: Government Gazette 31 August
1977 page 2774.
37
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Emerald Tourist
Railway Act 1977 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Land (Miscellaneous Matters) Act 1986, No. 36/1986
Assent Date:
20.5.86
Commencement Date:
20.5.86
Current State:
All of Act in operation
Conservation, Forests and Lands Act 1987, No. 41/1987
Assent Date:
19.5.87
Commencement Date:
S. 103(Sch. 4 item 16.1) on 1.7.87: Government
Gazette 24.6.87 p. 1694
Current State:
This information relates only to the provision/s
amending the Emerald Tourist Railway Act 1977
Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date:
16.5.89
Commencement Date:
3.2.92: Government Gazette 18.12.91 p. 3488
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 23) on 7.7.94: Government Gazette
7.7.94 p. 1878—see Interpretation of Legislation
Act 1984; s. 4(Sch. 2 item 27) on 1.1.95: Government
Gazette 28.7.94 p. 2055
Current State:
This information relates only to the provision/s
amending the Emerald Tourist Railway Act 1977
Emerald Tourist Railway (Amendment) Act 1994, No. 70/1994
Assent Date:
25.10.94
Commencement Date:
25.10.94
Current State:
All of Act in operation
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Emerald Tourist Railway Act 1977
Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 39) on 22.11.00: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Emerald Tourist Railway Act 1977
38
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Endnotes
Emerald Tourist Railway (Amendment) Act 2003, No. 92/2003
Assent Date:
25.11.03
Commencement Date:
26.11.03: s. 2
Current State:
All of Act in operation
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date:
24.5.05
Commencement Date:
S. 18(Sch. 1 item 36) on 12.12.05: Government
Gazette 1.12.05 p. 2781
Current State:
This information relates only to the provision/s
amending the Emerald Tourist Railway Act 1977
Statute Law Amendment (Evidence Consequential Provisions) Act 2009,
No. 69/2009
Assent Date:
24.11.09
Commencement Date:
S. 54(Sch. Pt 1 item 20) on 1.1.10: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Emerald Tourist Railway Act 1977
Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)
Assent Date:
2.3.10
Commencement Date:
S. 203(1)(Sch. 6 item 17) 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 Emerald Tourist Railway Act 1977
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
39
Emerald Tourist Railway Act 1977
No. 9020 of 1977
Endnotes
3. Explanatory Details
1
S. 8(1): Section 5(2) and Part 2 of Schedule 2 of the Land (Miscellaneous
Matters) Act 1986, No. 36/1986 read as follows:
5 Revocation of permanent reservations
(2) Section 8(1) of and Schedule Two to the Emerald
Tourist Railway Act 1977 insofar as they relate
to the land delineated and shown hatched on the
plan in Part II of Schedule Two and any provision
of any other Act insofar as it reserves or affects
that land are repealed.
SCHEDULE 2
PART II
Land, being part of the land referred to in Item One of Part I of this
Schedule, in respect of which the Reservation referred to in that Item is
repealed by this Act.
704 square metres, Parish of Gembrook.
40