No. 5591. An Act to provide for the Transfer from the Shire of to The Victorian Railways Commissioners of the Kerang and Tramway, and for other purposes. [7th November, 1951.] Preamble. HEREAS, further to the Kerang and Koondrook Nos. 2272, 4452 l't. IV., W Tramway Act 1910, Part IV. of the Railways and 4801. Tramways (Contributions) Act 1936 and the Kerang and Koondrook Tramway (Liability) Act 1941, it is expedient that the Kerang and Koondrook Tramway should be transferred from the to The Victorian Railways Commissioners and that other provision should be made as hereinafter enacted : Be 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 in this present Parliament assembled and by the authority of the same as follows (that is to say) :—

Short title. 1. (1) This Act may be cited as the Kerang and Koondrook Tramway Act 1951. (2) This 1951. Kerang and Koondrook Tramway. No. 5591 249

(2) This Act shall come into operation on a day to Comracnoement. be fixed by proclamation of the Governor in Council published in the Government Gazette.

2. In this Act unless inconsistent with the context Interpretation. or subject-matter— "Commissioners" means The Victorian Railways "commis- J r{ sioners . Commissioners. "The municipality" means the municipality of the " The munici- T • c "I/" pallty". shire ot Kerang. " The said tramway " means the tramway known as the "The said Kerang and Koondrook Tramway commencing tramway in the yard of the Kerang railway station and terminating at the .River Murray at the north end of the town of Koondrook which tramway was constructed under the authority of the Local Government Act Amendment Act 1883. NO. 780. 3- (1) By virtue of and subiect to this Act as on and Transferor • »J tnimwuv from from the commencement of this Act the said tramway, »»>««> °f , * i i l i l * i -i • • r* n ' Kerang to together with trie land buildings erections fixtures fittings The Victorian appliances rolling-stock appurtenances and effects of every commissioners. kind thereto belonging or used in connexion therewith, the tolls and charges payable in respect thereof and all rights and liabilities arising out of any contracts made in connexion therewith, shall be transferred from the municipality to the Commissioners and shall become vested in the Commissioners for the purposes of the Railways Acts and thereupon the said tramway shall become and be a railway within the meaning of those Acts to be known as the Kerang and Koondrook "Railway and all further power duty authority or responsibility of the municipality in regard thereto shall cease. (2) All agreements made by the Municipality relating to the construction, maintenance and operation of sidings shall cease and determine as from the commencement of this Act. (3) No compensation or consideration shall be payable by the Commissioners or from the consolidated revenue to the municipality or to any person or body whatsoever in respect of the above-mentioned transfer. (4) The municipality shall forthwith deliver to the Commissioners all the municipality's title deeds certificates muniments and evidences of title and of the right of possession to the real and personal property transferred under 250 1951. Kerang and Koondrook Tramway. No. 5591 under this Act and also all books papers documents and information relating to the working of the current business of the said tramway, and the municipality shall. execute any conveyances and transfers necessary for the purpose of evidencing the title of the Commissioners to any such property.

Commissioners 4. (1) On the said Railway the Commissioners shall not not bound to fence, &,c. be bound to erect or contribute to the erection of any Comp. No. dividing or other fence or to erect gates or to employ 3759 a. 06 (2). gatekeepers at any public or occupation road crossing and the Commissioners shall not be liable for any damage which may be caused by the absence of gates or of gatekeepers at any such crossing or by reason of the said Railway not being fenced in or fenced off. (2) Notwithstanding anything in any Act no person shall be entitled to receive or shall receive from the Commissioners any compensation in consequence of the said Railway being used on or along any road or street.

Power to vest 5. (1) Notwithstanding anything in any Act— Crown lands in the (a) the Governor in Council on the recommendation Commissioners for the of the Commissioner of Crown Lands and Survey purposes of the railway. after consultation with the Minister of Transport may by Order published in the Government Gazette declare that any land of the Crown which is necessary for the proper operation of the railway or for any improvements and additions thereto that are in the opinion of the Commissioners necessary or desirable shall, subject to such conditions as the Governor in Council thinks fit, be vested in ^ the Commissioners for the purposes of the Railway Acts : (b) any such Order shall have effect accordingly notwithstanding any reservation or setting apart of .uich land or proclamation affecting the use of such land in force at the time of such Order and any such reservation setting apart or proclamation shall unless otherwise specified in such Order thereupon be deemed to be revoked so far as it affects such land. (2) The Commissioners may at any time surrender to the Crown any land of the' Crown which is vested in the Commissioners pursuant to this section and thereupon such 1951. Kerang and Koondrook Tramway. No. 5591 S51 such land shall be deemed to be unalienated land of the Crown freed and discharged from all reservations trusts encumbrances limitations or restrictions whatsoever.

6. All laws by-laws regulations and conditions for Laws, by-laws, the time being in force on the railways vested in the force. Commissioners shall so far as the same are capable of being applied be in force on the said Eailway.

7. (1) On the commencement of this Act the uLosse s on Commissioners shall cause the revenue accounts kept by be1 made good the Municipality in connexion with the operation of the said tramway to be balanced and the deficit (if any) disclosed therein as certified by the Auditor-General shall be met from moneys provided by Parliament and paid to the Commissioners. (2) If the said Railway does not produce sufficient revenue to cover the interest and other charges associated with capital expenditure by the Commissioners thereon and the expenses of its operation and maintenance the annual loss resulting therefrom shall from time to time be notified to the Auditor-General and if certified by him shall be met from moneys provided by Parliament in the annual Appropriation Act and paid to the Commissioners.

8. The following Acts and enactment as amended consequential by any Act are hereby repealed :— Jg. 2272,^ The Kerang and Koondrook Tramway Act 1910 ; 4801. Part IV. of the Railways and Tramways (Contributions) Act 1936 ; The Keranq and Koondrook Tramway (Liability) Act 1941.

No. 5592.