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No. 4365. an Act to Vest a Certain Deviation of the Wodonga And

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No. 4365. an Act to Vest a Certain Deviation of the Wodonga And 1 EDW. VIIL] Wodonga and Tallangatta [No. 4365 5 Raihvay Deviation. No. 4365. An Act to vest a certain Deviation of the Wodonga and Tallangatta Railway and certain Lands upon which such Deviation is constructed in The Victorian Railways Commissioners and to vest an unused Portion of the said Railway and the Land upon which the same was constructed in the State Rivers and Water Supply Com­ mission and for other purposes. [\3th July, 1936.] HEREAS owing to the construction of the Hume Weir preamble, 2 2803 W pursuant to the River Murray Waters Acts it was &°SA ?™i « necessary to provide for a deviation from the line or route of the Wodonga and Tallangatta Railway referred to in sub-sect ion (4(J) of section three of The Railway Construction N0.821B.3 Act 1881-: And whereas the State Rivers and Water Supply (49)' Commission has under the River Murray Waters Acts New. 2590,2803, acquired the lands (including lands being portions of roads) 328'*4208- necessary for the purpose of such deviation : And whereas a deviation from the said line or route of the said railway has been made to the extent described in the First Schedule to this Act and was on the first day FIr8t schedule, of February One thousand nine hundred and thirty-two opened for traffic : And whereas that portion of the said railway which upon the opening for traffic of the said deviation became unused has been dismantled by the said Commission: Re it therefore enacted by the King'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. This Act may be cited as the Wodonga and Tallangatta short title. Railway Deviation Act 1936. 2. (I) The railway constructed on the line described ™JKtC(ion in the First Schedule to this Act and the lands described j1,;1^^1"*1 in the Second Schedule to this Act and the inheritance g^JJJ^X (i l cond thereof in fee-simple shall as on from and after the first »**Schedul e vented In The dav of February One thousand nine hundred and thirty-two Victorian be deemed to have been vested in The Victorian Railways ^3oners . Commissioners for the purposes of the Railways Acts. (2) Any 6 1 EDW. VIIL] Wodonga and Tallangalla [No. 4365 Railway Deviation. Portions of roads on lands (2) Any portions of anj^ roads set out upon the vested in the Commissioners lands described in the said Second Schedule shall as on cloned. and from the said first day of February be deemed to Second Schedule. have been closed and all rights easements or privileges existing or claimed as regards such portions of the said roads or the hind forming the same either in the public or by airy body or person whatsoever or whomsoever as incident to any past dedication or supposed dedication thereof or by any past user thereof or by any fiction of law shall be deemed to have ceased and to have determined. Reservations from sale ot (3) Every reservation from sale (whether permanent or any lands in Second temporary and whether for a road or otherwise) of any of the Schedule deemed to lands described in the said Second Schedule is (so far as have been revoked as it relates to such lands) hereby revoked and shall be deemed fiom date of acquisition to have been revoked as on from and after the date of the of lands. acquisition of such lands by the State Pavers and Water Supply Commission as hereinbefore recited. Hallway constructed (4) The railway constructed on the line described in on line described the said First Schedule shall as on from and after the said in "First Schedule first day of February be deemed to form and to have formed deemed to form [mrt of part of the hereinbefore recited Wodonga and Tallangatta Wodonu'a and Tallannatta Kail way and all laws by-laws regulations and conditions railway. for the time being in force on the railways vested in the said Commissioners shall so far as applicable be and as on and from the said clay be deemed to have been in force on the railway constructed on the line mentioned in the said First Schedule. Commissioners (5) Without affecting the generality of the provisions of not bound to fence itc. the last preceding sub-section, the said Commissioners shall not be bound and as on and from the said day shall be deemed not to Lave been bound to erect or contribute to the erection of amy dividing or other fence on the railway constructed on the line described in the said First Schedule or to erect gates or to employ gatekeepers at any public or occupation road crossing on the said railway, and the said Commissioners shall not be liable and as on and from the said day shall be deemed not to have been liable for any damage which may be or may have been caused by the absence of gates or gatekeepers at the said crossings or by reason of such railway not being fenced in or fenced off. 3. That 1 EDW. VIIL] Wodonga and Tailangatta [No. 4365 7 Railway Deviation. 3. That portion of the Wodonga and Tailangatta Kailway mused portion which became unused upon the opening for traffic of the Sulfuponwwoh deviation as hereinbefore recited and the land upon which XrlSoci ,i i j i i n c i p, ,i vented in the the same was constructed shall on from and after the statoiuvorg first clay of February One thousand nine hundred and thirty- s!ippiyft'Lr two be deemed to have been vested in the State Rivers and '°mm " Water Supply Commission. SCHEDULES. FIRST SCHEDULE. Preainble. Deviation from the Line or Route of the Wodonga and Tailangatta Railway Section 2. at Sandy Creek. Commencing at or near one hundred and ninety-seven miles thirty chains thirty-five links from Melbourne on the Wodonga and Tailangatta Railway and proceeding for about one mile twenty chains in a southerly direction through the Parish of Beethang .across a road through Allotment One Section One and Allotment One Section Two thence for about four miles thirty chains through the said Parish of Beethang through Allotments Two and Seven Section Two Allotments One A, One, Six and Five Section Three Allotments One, Two, Four and Five Section Four Allotments Three B, Three A, Three D and Four Section Five and across intervening roads and through the Parish of Tangambalatiga through Allotments Twenty-three, Twenty-one and Twenty-four Section .Eleven thence for about twenty chains in an easterly direction through the said Parish of Tangambalanga crossing Sandy Creek through Allotments Twenty- seven and Twenty-eight Section Eleven thence for two miles sixty-two chains seventy-four links in a north-easterly direction through the said Parish of Tangambalanga through Allotment Five Section Eleven and through the said Parish of Beethang through part of Section A known as Bungonia Pre-emptive Right, Allotments Ten, Three, Six, Five and Five A Section Six A Allotments Two, Three, Nino and Ten Section Seven and across intervening roads terminating on the said Wodonga and Tailangatta Railway at or near two hundred and six miles three chains nine links from Melbourne by deviated route. SHCON.D SCHEDULE. section. Lands deemed to have been, vested in The Victorian Raihvays Commissioners for the purposes of the Raihvays Acts. (1) All that piece of hind containing one aero nineteen perches and five-tenths of a perch more or less being portion of a Government Road one chain fifty links wide in the Parish of Beethang County of Bogong commencing at a point on the south-western boundary of the said Government Road being a point on the north-eastern boundary of Allotment One Section One of the said Parish distant twenty-three chains forty-five links and nine-tenths of a link north thirty-two degrees twenty-seven minutes west from the most easterly corner of the said Allotment One and bounded as follows :—By part of the said south­ western boundary of the Government Road for five chains ninety-four links and five-tenths of a Jink in a straight line bearing north thirty- two degrees twenty-seven minutes west thence across the said SECOND 1 EDW. VIIL] Wodonga and Tallangatta [No. 4365 Railway Deviation. SECOND SCHEDULE—continued. Government Road for six chains forty six links and three tenths of a link in a straight line bearing north nineteen degrees four minutes west to the north-eastern boundary of the said Government [load thence by part of the said north-eastern boundary of the Government Road for eight chains ninety-eight links and seven-tenths of a link in a straight line bearing south thirty-two degrees thirty minutes east thence across the said Government Road for three chains fifty-seven links and six-tenths of a link in a straight line bearing soutli seven degrees thirty- five minutes east to the point of commencement. (2) All that piece of land containing cloven acres more or less being part of Allotment One Section Otic Parish of Beethang County of Bogong commencing at a point on the southern boundary of the said Allotment One distant six chains seventy links and five-tenths of a link north eighty- nine degrees thirty-six minutes west from the south-eastern corner of the said Allotment One and bounded as follows :—For two chains and eight-tenths of a link by part of the said southern boundary of the said Allotment One in a straight line bearing north eighty-nine degrees thirty- six minutes west thence by part of the said Allotment One for fifty-three chains in a straight line bearing north seven degrees thirty-five minutes west to a.
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