Very Fast Train (Route Investigation) Act 1989
 
VERY FAST TRAIN (ROUTE INVESTIGATION) REGULATION 2000
 
 
- Made under the Very Fast Train (Route Investigation) Act 1989
 
- As at 1 September 2000
 
- Reg 449 of 2000
 
 
 
 
 

TABLE OF PROVISIONS
 


TABLE OF PROVISIONS

1. Name of Regulation

2. Commencement

3. Definition

4. Preliminary notice of intention to enter land

5. Notice confirming authority to enter land


SCHEDULE 1

 

VERY FAST TRAIN (ROUTE INVESTIGATION) REGULATION 2000
- REG 1
Name of Regulation
 
 
1 Name of Regulation
This Regulation is the Very Fast Train (Route Investigation) Regulation 2000.
 

VERY FAST TRAIN (ROUTE INVESTIGATION) REGULATION 2000
- REG 2
Commencement
 
 
2 Commencement
This Regulation commences on 1 September 2000.
     Note: This Regulation replaces the Very Fast Train (Route
     Investigation) Regulation 1995 which is repealed on 1 September 2000
     under section 10 (2) of the Subordinate Legislation Act 1989.
 

VERY FAST TRAIN (ROUTE INVESTIGATION) REGULATION 2000
- REG 3
Definition
 
 
3 Definition
     (1) In this Regulation:
     "the Act" means the Very Fast Train (Route Investigation) Act 1989.
     (2) The explanatory note, table of contents and notes in the text of
     this Regulation do not form part of this Regulation.
 

VERY FAST TRAIN (ROUTE INVESTIGATION) REGULATION 2000
- REG 4
Preliminary notice of intention to enter land
 
 
4 Preliminary notice of intention to enter land
     (1) For the purposes of section 13 (2) (b) of the Act, written notice
     of a person’s intention to enter land is to be in Form 1 in
     Schedule 1.
     (2) The notice must be served personally or by post on the owner and
     each occupier of the land at least 7 days before the land is first
     entered under the authority of the permit concerned.
     (3) Service on the owner of the land may be effected by serving the
     notice on any person who, according to the records of the local
     council or any other statutory authority, is liable for a rate or
     other charge that is or may become a charge on the land.
     (4) If, after reasonable inquiry, the land appears to be unoccupied,
     service on occupiers of the land may be effected by causing a copy of
     the notice to be displayed:
          (a) on each gate providing access to the land, or
          (b) if there is no such gate, in a prominent position on
          the boundary of the land nearest to a public road,
     for at least 7 days before the land is first entered under the
     authority of the permit concerned.
     (5) In the case of land in which there are native title rights and
     interests but in respect of which there is no approved determination
     of native title (within the meaning of the Native Title Act 1993 of
     the Commonwealth), the notice is to be served in accordance with
     section 103 of the Native Title (New South Wales) Act 1994 at least 7
     days before the land is first entered under the authority of the
     permit concerned.
 

VERY FAST TRAIN (ROUTE INVESTIGATION) REGULATION 2000
- REG 5
Notice confirming authority to enter land
 
 
5 Notice confirming authority to enter land
For the purposes of section 16 (2) of the Act, a notice issued by the holder of
a permit and confirming the authority of a person to enter land is to be in
Form 2 in Schedule 1.
 

VERY FAST TRAIN (ROUTE INVESTIGATION) REGULATION 2000
- SCHEDULE 1
 
 
SCHEDULE 1 – Forms Form 1
(Clause 4)
PRELIMINARY NOTICE OF INTENTION TO ENTER LAND
(Very Fast Train (Route Investigation) Act 1989)
TO: The owner and each occupier of the land described in Schedule 1.
TAKE NOTICE THAT:
     1.
      ___________________________________
     |___________________________________|
     has been granted Permit No.under the Very Fast Train (Route
     Investigation) Act 1989 authorising entry to that land and
      _________________________________________________________________
     |(here insert a description of the activities authorised by       |
     |_________________________________________________________________|
     2. Entry to the land is subject to the conditions set out in Schedule
     2.
     3. You have 7 days from the service of this notice on you in which
     you may make mutually convenient arrangements relating to the time
     and manner of entry.
     (In that regard, please contact)
      ______________________________________________________________
     ||(insert details of representative of permit holder who can be|
     |______________________________________________________________|
     4. A person authorised to enter by the permit is NOT authorised to
     enter any dwelling or adjacent outhouses or gardens.
     5. The Act gives a right of compensation to each owner or occupier of
     land for any loss or damage suffered in the circumstances set out in
     section 18 of the Act.
SCHEDULE 1
LAND THAT MAY BE ENTERED
(here insert a full description)
SCHEDULE 2—FORMS
CONDITIONS OF PERMIT RELATING TO ENTRY
(here insert each relevant condition in full)
Form 2
(Clause 5)
NOTICE CONFIRMING AUTHORITY TO ENTER LAND
(Very Fast Train (Route Investigation) Act 1989)
THIS NOTICE CONFIRMS THAT
 ____________________________
|____________________________|
of
 ___________________________________________
|___________________________________________|
whose photograph is shown on this Notice is authorised by Permit No.(which
expires on//) granted under the Very Fast Train (Route Investigation) Act 1989
to enter the land described in Schedule 1, but only in accordance with the
conditions of that Permit set out in Schedule 2.
Issued byon.
for
 ______________________________
|______________________________|
ATTENTION IS ALSO DRAWN TO THE FOLLOWING:
     1. The person producing this Notice is NOT authorised to enter any
     dwelling or adjacent outhouses or gardens.
     2. The Act gives a RIGHT OF COMPENSATION to each owner or occupier of
     land for any loss or damage suffered in the circumstances set out in
     section 18 of the Act.
SCHEDULE 1
LAND THAT MAY BE ENTERED
(here insert a full description)
SCHEDULE 2
CONDITIONS OF PERMIT RELATING TO ENTRY
(here insert each relevant condition in full)
 

VERY FAST TRAIN (ROUTE INVESTIGATION) REGULATION 2000
- NOTES
 


His Excellency the Governor, with the advice of the Executive Council, has made
the following Regulation under the Very Fast
Train (Route Investigation) Act 1989.

Minister for State Development




 

VERY FAST TRAIN (ROUTE INVESTIGATION) REGULATION 2000
- NOTES
 

Explanatory note
This Regulation replaces, without any changes in substance, the Very Fast Train
(Route Investigation) Regulation
1995 which is repealed on 1 September 2000 under section 10 (2) of the
Subordinate Legislation Act 1989. The new Regulation prescribes matters
relating to the giving of notice of intention to enter land, and the confirming
of a person’s authority to enter land, for the purposes of the Very Fast
Train (Route
Investigation) Act 1989.

This Regulation is made under the Very Fast
Train (Route Investigation) Act 1989, including sections 13, 16 and 22 (the
general regulation-making power).

This Regulation comprises or relates to matters of a machinery nature.




 

VERY FAST TRAIN (ROUTE INVESTIGATION) REGULATION 2000
- NOTES
 

Historical notes
The following abbreviations are used in the Historical notes:

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|_____________________________________________________________|
|_____________________________________________________________|
|_____________________________________________________________|
|_____________________________________________________________|
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Table of amending instrumentsVery Fast Train (Route Investigation)
Regulation 2000 published in Gazette No 103 of 11.8.2000, p 7628.