New South Wales Consolidated Acts

GLENREAGH TO DORRIGO RAILWAY (CLOSURE) ACT 1993 - SECT 8

8 Removal of railway stock etc

(1) This section applies to railway stock that is not the property of a lawful occupier of the railway land on which the stock is situated.

(2) The Corporation may, as soon as practicable after the compulsory acquisition under section 4, give a notice in accordance with this section requiring the removal from the railway land of such railway stock as is described in the notice.

(3) The notice must state that the owner of the railway stock is required to notify the Corporation, within 6 months after the date the notice was published in the Gazette, if the owner wishes to claim the railway stock and remove it from the railway land.

(4) The notice must:

(a) be published in the Gazette, and

(b) be published in a newspaper circulating in the area, and

(c) be posted or otherwise delivered to any person who the Corporation believes may be the owner of the railway stock.

(5) If a person who makes a claim satisfies the Corporation that the person owns any of the railway stock, the Corporation is, subject to this section, required to remove that railway stock from the railway land and deliver it to the person.

(6) Before the railway stock is so removed, the owner must pay to the Corporation such reasonable costs as are determined by the Corporation for removing the stock and delivering the stock to the owner.

(7) Nothing in this section prevents any person removing railway stock by rail or any other means from the railway land at their own expense in accordance with such conditions relating to safety as are determined by the Director-General of the Department of Transport. The person removing the railway stock must, before the removal, pay to the Director-General such reasonable costs as are determined by the Director-General for the supervision of the safe removal of the stock. It is not necessary for the person who removes the stock to satisfy the Director-General that he or she owns the stock.

(8) If railway stock is removed or delivered in accordance with this section, neither the Corporation nor the Director-General of the Department of Transport is liable to any person who claims to be the owner of the stock for its removal or delivery.

(9) Any railway stock described in a notice under this section which is still on any of the railway land 2 years after the date of publication of the notice in the Gazette becomes the property of the owner of that railway land on that date. The owner of the land is not required to meet any claim or demand in respect of the railway stock because of the operation of this subsection.