Victorian Consolidated Legislation

Emerald Tourist Railway Act 1977 - SECT 8

Property of Railways Board in tourist railway to pass to Board

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-

   (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

   (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.

(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).