New South Wales Consolidated Acts

PUBLIC WORKS ACT 1912 - SECT 91A

91A Fences-transferred railway provisions

(1) Bungendore to Captain’s Flat Railway Act 1930 Notwithstanding the provisions of section 91, the Constructing Authority shall not be compelled, nor shall it be the duty of the said Authority, to make or maintain any fence along the line of railway described in the Schedule to the Bungendore to Captain’s Flat Railway Act 1930 (as in force immediately before its repeal) for the accommodation of any person or for any purpose whatsoever; but the said Authority may, in its discretion, make and maintain such fences in connection with the said line of railway as it may think fit.

(2) Coonabarabran to Burren Junction Railway Act 1913 Notwithstanding the provisions of section 91, the Constructing Authority shall not be compelled, nor shall it be the duty of the said authority to make or maintain any fence along the line of railway described in the Schedule to the Coonabarabran to Burren Junction Railway Act 1913 (as in force immediately before its repeal) for the accommodation of any person or for any purpose whatsoever; but the said Authority may, in his discretion, make and maintain such fences in connection with the said line of railway as he may think fit.

(2A) Government Railways (Fencing) Act 1902 Notwithstanding the provisions of section 91, the Constructing Authority shall not in respect of any of the lines of railway mentioned in the Second Schedule to the Government Railways (Fencing) Act 1902 (as in force immediately before its repeal) be required or compelled, nor shall it be the duty of the said Authority, to make or maintain any fence along the said lines of railway for the accommodation of any person or for any purpose whatsoever; but the said Authority may, in its discretion, make and maintain such fences in connection with the said lines of railway as it may think fit.

Note: The railway lines concerned are Nyngan to Cobar, Narrabri to Moree, Jerilderie to Berrigan, Parkes to Condobolin, Nevertire to Warren, Berrigan to Finley, Tamworth to Manilla, Moree to Inverell, Dubbo to Coonamble, Goulburn to Crookwell, The Rock to Green’s Gunyah, Koorawatha to Grenfell, Byrock to Brewarrina, Gundagai to Tumut, Narrabri to Walgett, Culcairn to Germanton, Temora to Wyalong and Manilla to Barraba.

(3) Newcastle Islands Development Scheme Railway Act 1966 Notwithstanding the provisions of section 91, the Commissioner for Railways as constructing authority shall not be compelled nor shall it be the duty of the Commissioner for Railways as constructing authority to make or maintain, for the accommodation of any person or for any purpose whatsoever, any fence along that portion of the work described in the Schedule to the Newcastle Islands Development Scheme Railway Act 1966 (as in force immediately before its repeal) extending from the northern bank of the South Channel of the Hunter River to the point adjacent to wharves to be constructed at Rotten Row; but the Commissioner for Railways may, in the Commissioner’s discretion, make and maintain such fences in connection with that portion of the said work as the Commissioner may think fit.

(4) Sandy Hollow, via Gulgong, to Maryvale Railway Act 1927 Notwithstanding the provisions of section 91, the Constructing Authority shall not be compelled, nor shall it be the duty of the said Authority, to make or maintain any fence along the line of railway described in the Schedule to the Sandy Hollow, via Gulgong, to Maryvale Railway Act 1927 (as in force immediately before its repeal) for the accommodation of any person or for any purpose whatsoever; but the said Authority may, in its discretion, make and maintain such fences in connection with the said line of railway as it may think fit.

(5) Whittingham to Mount Thorley Railway Act 1975 Notwithstanding the exclusion by subsection (3) of the Whittingham to Mount Thorley Railway Act 1975 (as in force immediately before its repeal) of the provisions of section 91 (b) to and in respect of the scheduled work (within the meaning of that Act as in force immediately before its repeal), the Commission may in its discretion make and maintain such fences in connection with that scheduled work as it thinks fit.

(6) Wyalong towards Condobolin Railway Act 1923 Notwithstanding the provisions of section 91, the Constructing Authority shall not be compelled, nor shall it be the duty of the said Authority to make or maintain any fence along the line of railway described in the Schedule to the Wyalong towards Condobolin Railway Act 1923 (as in force immediately before its repeal) for the accommodation of any person or for any purpose whatsoever; but the said Authority may, in its discretion, make and maintain such fences in connection with the said line of railway as it may think fit.

(7) Subsections (1)-(6), respectively, re-enact (with minor modifications) the following provisions and are transferred provisions to which section 30A of the Interpretation Act 1987 applies:

(a) section 6 of the Bungendore to Captain’s Flat Railway Act 1930 ,

(b) section 6 of the Coonabarabran to Burren Junction Railway Act 1913 ,

(b1) section 4 of the Government Railways (Fencing) Act 1902 ,

(c) section 8 of the Newcastle Islands Development Scheme Railway Act 1966 ,

(d) section 6 of the Sandy Hollow, via Gulgong, to Maryvale Railway Act 1927 ,

(e) section 5 (4) of the Whittingham to Mount Thorley Railway Act 1975 ,

(f) section 6 of the Wyalong towards Condobolin Railway Act 1923 .