Railway Management Act 1935

Railway Management Act 1935

An Act to consolidate the Acts relating to the control and management of the Government railways

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1.   Short title

This Act may be cited as the Railway Management Act 1935 .

2.   

[Section 2 Repealed by 25 Geo. V No. 78 ].  .  .  .  .  .  .  .  

3.   Interpretation

[Section 3 Amended by No. 76 of 1951, s. 4 ][Section 3 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]

(1)  In this Act, unless the contrary intention appears –

Commission means the Transport Commission constituted under the Transport Act 1938 ;

goods includes merchandise and chattels of any kind, and live and dead animals;

railway includes –

(a) every railway at any time constructed, purchased, or acquired (whether before or after the commencement of this Act) by His Majesty or the Commission;

(b) the land on which every such railway is made or authorized to be made, or purchased or acquired in connection therewith;

(c) all buildings and erections of every kind on such land;

(d) all works, wharves, and jetties the property of His Majesty, whether of a permanent or temporary nature, used for the purposes of, or in connection with, a railway;

(e) all materials for the construction or erection of any railway or any such building, erection, work, wharf, or jetty;

the railway lands means –

(a) every railway existing at the commencement of the Transport Act 1938 except so much as, on or after the commencement of that Act and before the commencement of the Transport Commission's Lands and Rating Act 1951 , has been duly disposed of;

(b) all land which, on or after the commencement of the Transport Act 1938 and before the commencement of the Transport Commission's Lands and Rating Act 1951 , was acquired or reserved by His Majesty or acquired by the Commission for railway purposes; and

(c) all land which, on or after the commencement of the Transport Commission's Lands and Rating Act 1951 , is acquired by the Commission for railway purposes.

(2)  Any land purchased or acquired for any railways shall be deemed to be part of that railway, notwithstanding that such land is situated at a distance from the railway.

PART II - The General Manager of Railways - .  .  .  .  .  .  .  .  

[Part II Inserted by No. 69 of 1949, s. 18 ]

4.   

[Section 4 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

5.   

[Section 5 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

6.   

[Section 6 Repealed by 2 & 3 Geo. VI No. 70, s. 2 and Sched. 1 ].  .  .  .  .  .  .  .  

7.   

[Section 7 Repealed by 2 & 3 Geo. VI No. 70, s. 2 and Sched. 1 ].  .  .  .  .  .  .  .  

PART III - [Part III Heading substituted by No. 36 of 1958, s. 4 and Sched. 6 ]Vesting and Control of Railway Property and Railways

8.   Railway lands vested in the Minister

[Section 8 Substituted by No. 76 of 1951, s. 5 ]Subject to section eight A , the railway lands are hereby vested in the Minister and his successors to the use of His Majesty, subject to the provisions of this Act.

8A.   Vesting in fee postponed where no previous grant

[Section 8A Inserted by No. 76 of 1951, s. 5 ]

(1)  Where any land which would otherwise be vested in the Minister and his successors under section eight belonged, immediately before the commencement of this section, to the Crown, it shall continue in the Crown and shall be deemed to have been demised to the Minister and his successors for the term of nine hundred and ninety-nine years commencing on the first day of January 1951, at a rent of one shilling a year, if demanded, to be held to the use of His Majesty, subject to the provisions of this Act.

(2)  [Section 8A Subsection (2) amended by No. 19 of 1980, s. 171 and Sched. 1 ]The Minister shall be entitled, on demand, to a release of any land which is subject to this section vesting that land in him in accordance with section eight , and any such land, upon being released, shall be brought under the Land Titles Act 1980 .

(3)  [Section 8A Subsection (3) amended by No. 28 of 1976, s. 74 and Sched. 3 ]Where the Governor considers that any land which is subject to this section is part of the railway lands only by virtue of paragraph (d) of the definition of railway , contained in subsection (1) of section three, and is used in part for purposes other than those of a railway, he may, notwithstanding that the Minister has demanded the release of that land, by proclamation, revoke the demise thereof, whereupon the land shall cease to be subject to this section and shall become subject to the Crown Lands Act 1976 .

8B.   Railway chattels vested in the Commission

[Section 8B Inserted by No. 76 of 1951, s. 5 ][Section 8B Amended by No. 36 of 1958, s. 4 and Sched. 6 ]The engines, rolling-stock, machinery, and appurtenances of every railway operated by the Commission (not being part of the railway lands) are hereby vested in the Commission for the purposes of this Act.

9.   Commission to manage railways

[Section 9 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]Subject to this Act, the Commission shall have the management, maintenance, and control of every railway.

10.   Railway lands not to be subject to rates unless expressly provided

[Section 10 Substituted by No. 76 of 1951, s. 6 ]

(1)  The Minister and his successors shall, against all other persons, have and enjoy, subject to this Act, all the rights, privileges, and immunities of the Crown in respect of his or their ownership and occupation of the railway lands.

(2)  Where any of the railway lands separated from a line of railway by land which is not part of the railway lands –

(a) are not in the vicinity of a line of railway; or

(b) being in the vicinity of a line of railway, are not occupied by the Minister or his successors, or by his or their tenants, in connection with –

(i) the running of trains, including locomotive running and running-shed maintenance;

(ii) station, signalling, goods shed, and shunting staff; or

(iii) the repair of tracks –

the Governor may, by proclamation made on the recommendation of the Minister, declare them to be ratable lands.

(3)  Upon the gazettal of any such proclamation the lands to which the proclamation relates shall, notwithstanding anything contained in subsection (1) of this section, be ratable by authorities empowered by law to levy rates as from any date, not earlier than the first day of July 1951, fixed for the purpose in the proclamation.

(4)  Any such proclamation shall be revoked in respect of any lands which the Minister certifies, or, as the case may be, his successors certify, to the Governor to have ceased to be the proper subject of such a proclamation.

PART IV - [Part IV Heading substituted by No. 36 of 1958, s. 4 and Sched. 6 ]Administration and Management of Railways

Division I - Inquiries

11.   Inquiries into administration, &c.

[Section 11 Inserted by No. 70 of 1953, s. 3 ][Section 11 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]

(1)  The Commission may, at any time, appoint any person or persons to be a board of inquiry to inquire into and report upon –

(a) any allegation that an employee in the Railway Service has been guilty of misconduct or of breaking any rule, by-law, or regulation of the Railway Service, or any charge that is laid, pursuant to Division II of Part VI , that an employee has been guilty of misconduct or has broken any rule, by-law, or regulation of the Railway Service;

(b) the control, maintenance, and working of a railway or of any part thereof (including any accident, derailment, or other mishap occurring in connection with the working of a railway); or

(c) any other matters relating to the administration of this Act.

(2)  Where more persons than one are appointed as a board of inquiry under this section the Commission may appoint one of those persons to be the chairman of the board.

(3)  A police magistrate may, with the approval of the Governor but not otherwise, be appointed as a board of inquiry, or as a member or the chairman of a board of inquiry, under this section.

(4)  [Section 11 Subsection (4) amended by No. 68 of 1994, s. 3 and Sched. 1 ]The Commission may be represented before a board of inquiry on the holding of an inquiry under this section by an employee in the Railway Service, or by an officer appointed under the Transport Act 1981 or by a legal practitioner.

(5)  A person who is concerned in the subject of an inquiry under this section or who desires to tender evidence before a board of inquiry under this section may appear before the board either personally or by an agent, or, if the Commission so approves, by a legal practitioner.

(6)  A board of inquiry under this section may fix the costs of an inquiry held by it and may direct by whom and in what proportion those costs shall be paid, but the Governor may direct that the whole of the costs of an inquiry shall be borne by the Commission.

(7)  Where the Governor gives a direction under subsection (6) of this section, the costs of the inquiry to which the direction relates may, without further appropriation than this subsection, be paid out of any moneys that may be available for the purpose.

(8)  Where a board of inquiry under this section orders the payment of costs by a person other than the Crown or the Commission, those costs may be recovered from that person as a debt due to the Crown.

(9)  The person or persons appointed as a board of inquiry under this section may be paid such remuneration and travelling and other expenses as the Governor may determine.

(10)  The proceedings on an inquiry under this section shall be as prescribed.

(11)  [Section 11 Subsection (11) substituted by No. 71 of 1995, s. 3 and Sched. 1 ]For the purpose of conducting an inquiry under this section, a board of inquiry has and may exercise the same powers as are conferred by Part 3 of the Commissions of Inquiry Act 1995 on Commissions established under section 4 of that Act in respect of inquiries under that Act.

12.   

[Section 12 Repealed by 2 & 3 Geo. VI No. 70, s. 2 and Sched. 1 ].  .  .  .  .  .  .  .  

Division II - [Part IV, Div. II Heading substituted by No. 36 of 1958, s. 4 and Sched. 6 ]Powers and duties of Commission

13.   Carriage of passengers and goods

[Section 13 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]The Commission may carry and convey passengers and goods over and along any railway, or upon any part thereof, and may do all such other things as it may think requisite in such manner as it thinks convenient.

14.   Motive power and charges

[Section 14 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]The Commission may use and employ upon any railway, locomotive engines or other motive power, and carriages or wagons to be drawn or propelled thereby, and may make such reasonable charges for the carriage and conveyance of passengers and goods upon any railway as shall be determined as provided by this Act.

15.   Liability of Commission as common carrier

[Section 15 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]The Commission shall be deemed to be a common carrier, and (except as by this Act otherwise provided) shall be subject to the obligations and entitled to the privileges of a common carrier.

16.   Right to use railways

[Section 16 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]Subject to this Act, and to any conditions imposed by the Commission under the provisions of section twenty-two , all persons shall be entitled to use any railway upon payment of the fares, rates, or charges fixed for the use thereof.

17.   Fares, rates, and charges

[Section 17 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]

(1)  The Commission may fix the fares, rates, and charges to be paid for the conveyance of passengers and the carriage of goods, and generally in respect of the use of the railways and any wharf, pier, jetty, shed, or yard, or any rolling-stock or machinery in connection with any railway.

(2)  The Commission may fix special fares to be paid in lieu of ordinary fares on special occasions, or for such times and throughout such parts of any railway as it thinks fit.

(3)  The Commission may fix special scales of fares, rates, and charges in relation to the railway known as the Marrawah Tramway.

18.   Special goods: Rates, charges, and conditions respecting

[Section 18 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]

(1)  The Commission may declare certain kinds of goods of such a nature as to be liable to injury or goods over a certain value to be special goods, and may determine the additional rates and charges which shall be payable in respect thereof, and the rates of compensation to be paid in respect thereof.

(2)  Every person delivering any special goods at a railway station shall give to the person in charge of the station a statement in writing declaring the nature and value of the goods; and the person in charge of the station shall give a receipt for such goods, in which shall be specified particulars of the nature and value so declared.

(3)  No person shall be entitled to recover, in respect of any loss of or damage to any special goods, any sum greater than such sums as may be determined by the Commission in respect thereof, unless he has complied with the provisions of subsection (2) of this section.

19.   Special provisions in connection with certain articles and with goods carried without charge

[Section 19 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]

(1)  The Commission may –

(a) fix higher rates for the carriage of certain goods at the Commission's risk than for the carriage of such goods at owner's risk; and may determine that certain goods shall be carried at owner's risk only;

(b) impose conditions upon which passenger's luggage shall be carried, and regulate the checking of such luggage, and provide for the exemption of the Commission from all liability in respect of unchecked passenger's luggage or for limiting such liability;

(c) regulate the conditions under which, and the times at which, dangerous goods and explosives may be carried, and the loading and unloading of explosives at or near stations and sidings.

(2)  In respect of goods carried without charge, the Commission shall take no liability or responsibility for any loss, detention, injury, damage, non-delivery, misdelivery, or delay, whatsoever, and howsoever occasioned.

20.   Conditions

[Section 20 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]The Commission may impose such conditions with respect to the matters referred to in sections sixteen , seventeen , and eighteen as it deems advisable.

21.   Time-tables

[Section 21 Amended by No. 69 of 1949, s. 19 ][Section 21 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]The General Manager, subject to the direction of the Commission may make and issue time-tables showing the times of arrival and departure of trains at stations.

22.   By-laws

[Section 22 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]

(1)  The Commission may make by-laws for regulating the management of railways open for traffic, and, in particular, may make by-laws with respect to the following matters:

(a) The mode in which, and speed at which, engines and all other rolling-stock on a railway are to be propelled or moved;

(b) The loading and unloading of carriages and wagons, and the weights they may carry;

(c) The receipt and delivery of goods, and the storing of the same;

(d) Declaring certain goods to be dangerous goods;

(e) Preventing or controlling the smoking of tobacco or any other substance, and prohibiting the committing of nuisances on railways;

(f) The accounts to be kept of receipts and expenditure on railways and the traffic and ticket audit;

(g) The traffic on roads and bridges used both for ordinary and railway traffic;

(h) Regulating the traffic generally on railways, and the conduct of all persons employed on or about the same or travelling thereon;

(i) the issue of permits for the use of tricycles, trolleys, and similar vehicles on railways;

(j) The manner, times, and places in and at which tickets of any kind shall be purchased by, issued to, used by, and delivered up by passengers on railways;

(k) Regulating the traffic of carriages, cabs, omnibuses, and other vehicles in or about any railway station, or yard, or siding;

(l) The admission of the public to any railway station, building, or premises, and fixing charges therefor, and dispensing with the same on certain days or for certain times;

(m) prohibiting the carriage of diseased animals, and preventing them from coming on any station or premises;

(n) Prohibiting the carriage of persons suffering from infectious or contagious diseases;

(o) Regulating and determining the conditions upon and subject to which free passes shall be issued and used;

(p) Regulating the seating of passengers;

(q) Prohibiting persons from loitering on any railway to the inconvenience of the railway officers, passengers, or intending passengers, or from obstructing the good government and maintenance of order thereon, and providing for the removal from a railway by any railway officer, or any police officer, of any person so loitering or otherwise offending against the by-law.

(2)  A copy of all by-laws painted or printed in black letters on a white ground shall be exhibited in a conspicuous place at every station at which tickets are sold.

(3)  Any by-law may apply to railways generally, or to any particular railway or part of a railway.

(4)  [Section 22 Subsection (4) added by No. 74 of 1973, s. 2 ]This section applies in respect of any vehicle or other conveyance used by the Commission as it applies in respect of railways open to traffic.

Division III - [Part IV, Div. III Heading amended by No. 36 of 1958, s. 4 and Sched. 6 ]Conveyance, custody, carriage, and delivery of passengers and goods

23.   Special contracts

[Section 23 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]The Commission may enter into any special contract with any person for the custody, carriage, or delivery of goods upon such conditions in all respects as it may think fit.

24.   General provisions as to custody, carriage, and delivery of goods: Insurance agreements

[Section 24 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]

(1)  Subject to the by-laws, and to any conditions imposed by the Commission, all goods received upon any railway shall be deemed to be in the custody of the Commission until delivered to the consignee of the goods.

(2)  The Commission may make agreements with any person for insuring –

(a) any goods delivered on a railway against all loss or damage from any cause; and

(b) the Commission against all liability in respect of any such loss or damage –

and may increase or diminish the charges payable on such goods accordingly.

25.   Claims in respect of goods

[Section 25 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]All claims for loss or damage in respect of the custody, carriage, and delivery of goods upon or from any railway shall be made in writing to the Commission within twenty-one days of such loss or damage.

26.   Powers of Commission as to the carriage by road of goods, &c.

[Section 26 Substituted by No. 37 of 1960, s. 2 ]

(1)  [Section 26 Subsection (1) amended by No. 43 of 1970, s. 2 ]Subject to this section, the Commission may –

(a) .  .  .  .  .  .  .  .  

(b) collect or cause to be collected from any place outside the limits of a railway, livestock, goods, parcels, passengers' luggage, and mails, or any of them, for carriage by railway;

(c) deliver or cause to be delivered, to or at any place outside the limits of a railway, livestock, goods, parcels, passengers' luggage, and mails, or any of them, that have been carried by railway;

(d) carry or cause to be carried wholly or partly by road, livestock, goods, parcels, passengers' luggage, and mails, or any of them, collected or received for carriage by railway, and deliver them or cause them to be delivered at any place within or without the limits of a railway;

(e) .  .  .  .  .  .  .  .  

(f) construct, hire, or purchase road vehicles, and use or maintain any such vehicles, or cause them to be used or maintained, for the carriage by road to or from a railway of livestock, goods, parcels, passengers' luggage, and mails, or any of them; and

(g) do, execute, enter into, and perform all or any such contracts, acts, and things as the Commission may think necessary or proper for any of the purposes of this section.

(2)  [Section 26 Subsection (2) omitted by No. 43 of 1970, s. 2 ].  .  .  .  .  .  .  .  

(3)  [Section 26 Subsection (3) amended by No. 43 of 1970, s. 2 ]The Commission may fix such rates and charges as it thinks fit as the rates and charges to be paid to it in respect of the delivery, collection, and carriage by the Commission by road, pursuant to this section, of livestock, goods, parcels, passengers' luggage, mails, or any of them.

(4)  [Section 26 Subsection (4) omitted by No. 43 of 1970, s. 2 ].  .  .  .  .  .  .  .  

(5)  [Section 26 Subsection (5) omitted by No. 43 of 1970, s. 2 ].  .  .  .  .  .  .  .  

(6)  [Section 26 Subsection (6) omitted by No. 43 of 1970, s. 2 ].  .  .  .  .  .  .  .  

(7)  [Section 26 Subsection (7) omitted by No. 43 of 1970, s. 2 ].  .  .  .  .  .  .  .  

(8)  [Section 26 Subsection (8) omitted by No. 43 of 1970, s. 2 ].  .  .  .  .  .  .  .  

(9)  [Section 26 Subsection (9) omitted by No. 43 of 1970, s. 2 ].  .  .  .  .  .  .  .  

(10)  [Section 26 Subsection (10) omitted by No. 43 of 1970, s. 2 ].  .  .  .  .  .  .  .  

(11)  [Section 26 Subsection (11) omitted by No. 43 of 1970, s. 2 ].  .  .  .  .  .  .  .  

(12)  [Section 26 Subsection (12) omitted by No. 43 of 1970, s. 2 ].  .  .  .  .  .  .  .  

(13)  [Section 26 Subsection (13) omitted by No. 43 of 1970, s. 2 ].  .  .  .  .  .  .  .  

(14)  [Section 26 Subsection (14) omitted by No. 43 of 1970, s. 2 ].  .  .  .  .  .  .  .  

(15)  [Section 26 Subsection (15) omitted by No. 43 of 1970, s. 2 ].  .  .  .  .  .  .  .  

27.   Power to sell goods in default of payment of rates or charges on demand

[Section 27 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]

(1)  If, for fourteen days after demand has been made therefor, any person, liable to pay the rates or charges due in respect of any goods, fails to pay the same, the Commission, without prejudice to any other remedy it may have under this Act, may –

(a) detain and sell any of such goods; or

(b) if the same have been removed from the railway premises, detain and sell any other goods within such premises belonging to the person liable to pay such rates or charges –

and in either case, out of the moneys arising from the sale, may retain the rates or charges so payable, and all charges and expenses of such detention and sale, rendering the surplus, if any, of the moneys arising from such sale, and such of the goods as remain unsold, to the person entitled thereto.

(2)  A notice in writing that any rates or charges are due in respect of any goods, signed by any person duly authorized to collect such rates and charges, and served upon the person liable to pay the same or left at or posted to his last known address, shall be deemed to be a demand within the meaning of this section.

28.   Power to sell goods left without owner

[Section 28 Amended by No. 36 of 1958, s. 4 and Sched. 6 ][Section 28 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]If any goods are left on the premises of a railway, and the owner thereof, or the person liable for the charges thereon, is not known, the Commission may cause it to be publicly notified that such goods will be sold upon a day named in the notice, not being less than one month from the publication thereof; and if such goods are not removed, and the charges thereon paid before the day so named, such goods may be sold, and the balance of the proceeds of such sale, after paying the charges upon such goods, shall be paid into the Consolidated Fund.

29.   Conveyance otherwise than by railway

[Section 29 Substituted by No. 74 of 1973, s. 3 ]

(1)  Subject to this section, the Commission may convey any person otherwise than by railway, or arrange for the conveyance of any person otherwise than by railway, for the purpose –

(a) of enabling that person to undertake, continue, or complete a journey part of which is by railway; or

(b) of enabling that person to undertake, continue, or complete a journey the whole or any part of which would have been by railway but for some emergency or unforeseen circumstance that prevents that person from being conveyed by that railway.

(2)  The powers conferred by paragraph (a) of subsection (1) of this section shall be exercised only for the purpose of conveying persons, in either direction –

(a) between Devonport railway station and the point of arrival or departure of ships at Devonport from or to places outside the State; and

(b) between Western Junction railway station and places within the City of Launceston.

(3)  The powers that may be exercised under this section in respect of a person may also be exercised in respect of his luggage.

(4)  Without prejudice to the generality of the foregoing provisions of this section the Commission may, for the purpose of the exercise of its powers thereunder, construct, hire, purchase, maintain, or use any vehicles or other conveyances.

(5)  The Commission may fix such fares, rates, or other charges as it thinks fit for the conveyance of persons or luggage by it in the exercise of the powers conferred by this section, and any arrangement entered into with any other person under this section for the conveyance of persons or luggage may make provision with respect to the fares, rates, or other charges to be paid and the services to be performed in connection therewith.

30.   

[Section 30 Repealed by No. 74 of 1973, s. 3 ].  .  .  .  .  .  .  .  

Division IV - [Part IV, Div. IV Heading amended by No. 36 of 1958, s. 4 and Sched. 6 ]Powers of Commission as to land

31.   Power to lease unused land, &c.

[Section 31 Amended by No. 76 of 1951, s. 8 and Sched. 1 ][Section 31 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]

(1)  The Commission, in the name and on behalf of the Minister, may grant leases of any part of the railway lands which is not required for railway purposes.

(2)  [Section 31 Subsection (2) amended by No. 55 of 1965, s. 5 ]In any case where the value of the land so let exceeds the annual rental of forty dollars, such letting shall be by public tender or public auction.

(3)  No lease under this section shall be for a longer period than fifteen years, but the Governor, on the recommendation of the Commission, may authorize the inclusion in any such lease of a right of renewal for any term not exceeding fifteen years.

32.   Power to lease buildings and to authorize hoardings

[Section 32 Amended by No. 76 of 1951, s. 8 and Sched. 1 ][Section 32 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]

(1)  The Commission, in the name and on behalf of the Minister, may let, on such terms and conditions as it thinks fit, any workshops or other buildings on the railway lands which are not required for railway purposes.

(2)  Any such letting shall be by public tender or public auction, and no lease shall be for a longer period than five years.

(3)  The Commission, with the approval of the Minister, may issue permits authorizing the erection of hoardings on any part of a railway on such terms and conditions and for such period, not exceeding twelve months, as it may think fit.

33.   Power to let refreshment rooms and advertising rights

[Section 33 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]The Commission may let by public tender, upon such conditions and for such terms as it thinks fit, not exceeding three years, any part of the land or buildings attached to a railway for the sale of refreshments, books, or other articles, or the use of the walls of any such buildings or of any part of the rolling-stock for the display of advertisements thereon.

34.   Power to let rights to ply for hire, &c.

[Section 34 Amended by 25 Geo. V No. 78 ][Section 34 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]The Commission may lease by tender, upon such conditions and for such term as it thinks fit, not exceeding one year, the right to any person to ply for hire with cabs, omnibuses, or other vehicles in or about any railway station or yard, or may issue permits upon such conditions as it thinks fit to the proprietors of licensed cabs, omnibuses, or other vehicles to ply for hire in or about any railway station or yard.

35.   Power of Commission to sell surplus land and other assets: Application of proceeds

[Section 35 Amended by 25 Geo. V No. 78 ][Section 35 Amended by No. 76 of 1951, s. 8 and Sched. 1 ][Section 35 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]

(1)  The Commission, on behalf of the Minister, may sell to such person, at such price and on such terms and conditions in all respects as the Commission shall think fit –

(a) any part of the railway lands (including any buildings or improvements thereon) belonging to or forming part of, or occupied in connection with, any railway (whether the use of such railway has been discontinued or not), which is vested in the Minister, and is no longer required for railway purposes;

(b) any other capital assets or property belonging to or held in connection with any railway (whether the use of such railway has been discontinued or not), which are no longer required for railway purposes.

(2)  Before any sale of any such land as aforesaid is made by the Commission the Minister's approval of such sale shall be first obtained by the Commission.

(3)  Any sale by the Commission, as provided by this section, may include the grant of any right of way or other easement over the railway lands.

(4)  [Section 35 Subsection (4) omitted by No. 76 of 1951, s. 8 and Sched. 1 ].  .  .  .  .  .  .  .  

(5)  [Section 35 Subsection (5) amended by No. 68 of 1994, s. 3 and Sched. 1 ]All moneys produced by the sale of any such land, assets, or property as is mentioned in subsection (1) of this section shall be placed to the credit of the loan account in the Treasury from which the moneys originally expended for the acquisition, construction, or provision of such land, assets, or property, as the case may be, were provided, and, in the event of any question arising as to the appropriate loan account to be credited with any such moneys, the Treasurer may, in his absolute discretion, determine to which account such moneys shall be credited: Provided that, in any case in which any land so sold consisted of Crown land which had been set apart for railway purposes, the moneys produced by the sale thereof shall be paid into the Consolidated Fund.

Division V - [Part IV, Div. V Heading amended by No. 36 of 1958, s. 4 and Sched. 6 ]Powers in connection with railway works

35A.   Acquisition of Crown land

[Section 35A Inserted by No. 76 of 1951, s. 7 ]

(1)  The Governor may, at the request of the Minister, in the name and on behalf of His Majesty, grant lands of the Crown (being lands which are not exclusively appropriated by or under any Act to any public or other purpose) to the Minister and his successors to be held by him and them in fee or for years to the use of His Majesty, subject to the provisions of this Act.

(1A)  [Section 35A Subsection (1A) inserted by No. 61 of 1966, s. 21 and Sched. 1 ][Section 35A Subsection (1A) amended by No. 19 of 1980, s. 171 and Sched. 1 ]Where land is granted to the Minister in fee pursuant to subsection (1) of this section, the grant thereof shall, subject to section 10 (4) of the Land Titles Act 1980 , be effected by transfer in accordance with the provisions of that section.

(2)  The consideration for any such grant shall be as the Governor thinks fit but shall be not less than –

(a) in the case of land purchased or taken by the Crown, the amount paid therefor together with the value of any subsequent improvements; or

(b) in the case of other land, the value of the improvements (if any) thereon.

36.   Use of materials on Crown land

[Section 36 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]For the purposes of this Act, the Commission may –

(a) fell and carry away timber;

(b) dig and use clay, stone, and other material;

(c) place and deposit timber, clay, stone, rubbish, waste, spoil, and ballasting –

upon any Crown land occupied by any person under any lease or licence.

37.   

[Section 37 Repealed by No. 24 of 1993 ].  .  .  .  .  .  .  .  

38.   Right of way at railway crossings on joint railways and traffic bridges

(1)  Where any part of a road, except where it crosses a railway on a level, is acquired for a railway, such part of the road shall thereafter cease to be a highway.

(2)  Where a road crosses a railway on a level, the public right of way at such crossing shall cease whenever any engine, carriage, or other railway vehicle on the railway is approaching and within a distance of one quarter of a mile from such crossing; and shall at all other times extend only to the right of crossing the line of railway with all convenient speed, but not to stopping or continuing thereon.

(3)  Where a bridge is used for railway and ordinary traffic jointly, the public right of way on such bridge shall extend only so far as shall be defined in any by-law made under this Act.

39.   Maintenance of public roads at railway crossings

[Section 39 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]

(1)  Where a road or street crosses a railway on the level, the Commission shall maintain the road and crossing on the railway, and for a distance on each side of thirty-three feet outside the centre-line of any line of rails so crossed; and the authority having charge of the road or street shall maintain the approaches to such crossing, subject to the approval of the Commission.

(2)  [Section 39 Subsection (2) substituted by No. 49 of 1960, s. 2 ]Where a road or street crosses over a railway by means of a bridge or is crossed by a railway by means of a bridge –

(a) the structure of the bridge shall be maintained –

(i) in the case of a bridge constructed before the first day of January 1953, by the Commission; or

(ii) in the case of a bridge constructed on or after that day –

(A) if the construction of the bridge is or has been rendered necessary by reason of the construction, on or after that day, of a road or street, by the authority having the charge of that road or street; or

(B) if the construction of the bridge is or has been rendered necessary by reason of the construction, on or after that day, of a line of railway, by the Commission; and

(b) the road or street on or under that structure shall be maintained by the authority having charge of that road or street.

(3)  [Section 39 Subsection (3) added by No. 49 of 1960, s. 2 ]For the purposes only of sub-paragraph (ii) of paragraph (a) of subsection (2) of this section, any reference in this section to the maintenance of a bridge includes a reference to the enlargement of the bridge.

40.   

[Section 40 Repealed by No. 76 of 1951, s. 8 ].  .  .  .  .  .  .  .  

41.   Alterations in roads, drains, &c., to be made without detriment to the public or to owners

[Section 41 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]

(1)  Where it is found necessary for the construction of a railway to alter any road, street, tramway, watercourse, or drain, or any other public work, or any water-pipe or gas-pipe for the supply of water or gas belonging to any person, such alterations shall be made in such manner as to interfere as little as possible with the work so altered, and so as to afford to the public and to every person entitled to use the same an equal use and convenience as before such alteration.

(2)  Before commencing any such alteration, the Commission shall cause a plan thereof to be prepared, and to be submitted to the authority under whose control the work proposed to be altered is, or to the owner of such sewer, water-pipe or gas-pipe, or other work, as the case may be.

(3)  If such authority or owner object to the proposed alteration, the Commission shall appoint a competent engineer to confer with such authority or owner, and to agree with them or him as to the manner in which such alteration shall be made; and, if no agreement can be come to between the parties, the matter shall be referred to two justices, who may make such order therein as they think fit, and the alteration shall be made in accordance with such order.

42.   

[Section 42 Repealed by No. 24 of 1993, Sched. 1 ].  .  .  .  .  .  .  .  

43.   Dangerous trees, &c., to be removed: Compensation for damage, if any

[Section 43 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]

(1)  If the Commission is of opinion that any trees (whether timber or other trees), being within two hundred feet from either side of the railway, might, by their liability to fall or otherwise obstruct the traffic on or injure any railway, the Commission may cause notice to be given to the owner or occupier of the land whereon such trees are situate to remove such trees; and in default of such removal it may cause the trees to be removed.

(2)  Any trees (whether timber or other trees), or scrub, or underwood, which, in the opinion of the Commission or an officer duly authorized by it, obstruct or impede, or are likely to obstruct or impede a view of any signal post or crossing from any portion of the railway line which is within one mile in a straight line from any such signal post, or crossing, if the same are growing upon Crown lands, or upon any road, street, or highway, may, after notice to the local or other authority having the care or management thereof, be cut down or lopped as may be deemed necessary by the Commission or such officer after consultation with such authority; and, if the same are growing upon private lands, then the proprietor or occupier of such private lands shall cut down or lop the same as and when required so to do by the Commission or such officer, and upon default the Commission or such officer may enter upon such private lands, and cause such trees, scrub, and underwood to be cut or lopped as may be deemed necessary.

(3)  This section shall be sufficient to indemnify the Commission, and its officers, servants, agents, and workmen, and all persons whomsoever, for what it or any of them shall reasonably do by virtue of the powers granted by this section.

(4)  In the exercise of the powers conferred by this section the Commission, or any officer so authorized as provided by this section, shall do as little damage as possible, and the Commission shall make adequate compensation to all local authorities and persons interested for any damage sustained by them by reason of the exercise of such powers.

(5)  [Section 43 Subsection (5) amended by No. 91 of 1986, s. 3 and Sched. 1 ]The compensation, if the amount cannot be otherwise agreed upon, shall be settled by arbitration under the Commercial Arbitration Act 1986 , in the mode prescribed by that Act, except that a magistrate nominated by the Minister shall be sole arbitrator, and his decision shall be final.

43A.   

[Section 43A Repealed by No. 24 of 1993, Sched. 1 ].  .  .  .  .  .  .  .  

Division VI - [Part IV, Div. VI Heading amended by No. 36 of 1958, s. 4 and Sched. 6 ]Ferry steamers

44.   Powers of Commission as to ferry steamers, &c.

[Section 44 Amended by 25 Geo. V No. 78 ][Section 44 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]

(1)  When by any Act any ferry steamer or other vessel is vested in the Minister for the purposes of this Act, the Commission shall have and may exercise in relation thereto, so far as the same are applicable, all the powers and authority conferred on it by this Act in relation to railways.

(2)  The Commission may maintain and carry on such services and undertakings with and by means of any such ferry steamer or other vessel as it may think fit, in such manner and under such conditions as it may determine.

(3)  In the exercise of the powers conferred by this section the Commission shall be subject to the same duties, obligations, and liabilities, so far as the same are applicable, as are imposed by this Act in relation to railways.

(4)  The power of the Commission to make by-laws shall extend to the making of by-laws for the purposes of this section.

PART V - [Part V Heading amended by No. 36 of 1958, s. 4 and Sched. 6 ]Powers of Commission

45.   Powers of Commission with Governor's approval

[Section 45 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]The Commission, with the approval of the Governor, may –

(a) hire or let to any person, upon such terms and conditions as may be agreed on, any locomotives, carriages, wagons or other rolling-stock;

(b) enter into an arrangement with any person for the grant to the Commission of running powers over, along, and upon any railway under the control of such person, upon such terms and conditions, and for such periods, as may be agreed on.

46.   Powers of Commission with approval of Parliament

[Section 46 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]The Commission, with the approval of Parliament, expressed by a resolution of both Houses may –

(a) grant to any person, upon such terms and conditions and for such period as Parliament shall think fit, running powers over, along, and upon any railway;

(b) enter into an agreement with any person, upon such terms and conditions as may be agreed on, to rent any railway under the control of such person, and to maintain and work, or maintain or work, such railway, and to provide all locomotives, carriages, wagons, and other rolling-stock necessary for that purpose, together with the requisite staff.

47.   Power of Commission to lease railway

[Section 47 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]In any case when any line of railway has been closed under this Act, the Commission may grant to any person a licence to use such railway, or any part thereof, upon such terms, and subject to such conditions, as may be arranged between the parties, and as shall be approved by the Governor.

48.   General powers of Commission

[Section 48 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]The Commission shall have the following powers with respect to railways:

(a) To make or extend any railway upon, over, or under any land necessary for the construction thereof, and for this purpose to construct works of every description and of every material necessary to the making thereof;

(b) To direct that any part of a line of railway may be constructed on and along any part of any road; and no person or body shall be entitled to any compensation for any road or land so used or occupied, or for or in respect of any inconvenience or damage arising out of the execution of such works to any lands fronting or adjoining any such road;

(c) To make a railway upon, over, or under any road, street, railway, tramway, or public reserve, and to alter the level of any road, street, railway, tramway, or public reserve for that purpose;

(d) To make a railway across any arm of the sea, river, stream, or navigable water, but so as not to impede the navigation upon any navigable water, except as provided by a special Act;

(e) To alter the course or the level of any river not navigable, or of any stream, watercourse, ditch, or drain;

(f) To make drains or conduits on or under any land adjacent to and for the purpose of carrying water from off the railway; and to maintain the same in good repair;

(g) To remove or alter any drain or sewer, or any pipes or other material for the supply of water or of gas belonging to any person within or beyond the limits of a railway;

(h) To make or construct all such buildings, stations, engines, machinery, piers, wharves, roads, approaches, and other works in connection with a railway as may be thought necessary;

(i) To do all acts necessary for making, maintaining, altering, repairing and using any railway.

49.   

[Section 49 Repealed by No. 24 of 1993, Sched. 1 ].  .  .  .  .  .  .  .  

49A.   Additional powers in relation to manufacture

[Section 49A Inserted by 10 Geo. VI No. 12, s. 2 ][Section 49A Amended by No. 53 of 1948, s. 2 ][Section 49A Amended by No. 76 of 1951, s. 8 and Sched. 1 ][Section 49A Amended by No. 36 of 1958, s. 4 and Sched. 6 ]In addition to any other powers conferred on it by this Act, the Commission may from the commencement of the operation of this section manufacture, sell, and dispose of metal products, and may engage in and carry on any business incidental thereto or connected therewith.

PART VI - .  .  .  .  .  .  .  .  

[Part VI  Repealed by No. 29 of 1984, s. 3 and Sched. 1 ]

Division I - .  .  .  .  .  .  .  .  

50.   

[Section 50 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

51.   

[Section 51 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

52.   

[Section 52 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

53.   

[Section 53 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

54.   

[Section 54 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

55.   

[Section 55 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

56.   

[Section 56 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

57.   

[Section 57 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

58.   

[Section 58 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

59.   

[Section 59 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

60.   

[Section 60 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

Division 1A - .  .  .  .  .  .  .  .  

60A.   

[Section 60A Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

60B.   

[Section 60B Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

60BA.   

[Section 60BA Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

60C.   

[Section 60C Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

60D.   

[Section 60D Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

Division II - .  .  .  .  .  .  .  .  

61.   

[Section 61 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

61A.   

[Section 61A Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

61B.   

[Section 61B Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

62.   

[Section 62 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

63.   

[Section 63 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

Division III - .  .  .  .  .  .  .  .  

64.   

[Section 64 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

65.   

[Section 65 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

66.   

[Section 66 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

67.   

[Section 67 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

68.   

[Section 68 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

69.   

[Section 69 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

70.   

[Section 70 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

71.   

[Section 71 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

72.   

[Section 72 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

73.   

[Section 73 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

74.   

[Section 74 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

75.   

[Section 75 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

PART VII - Liabilities for Personal Injury

Division I - Actions by passengers

76.   Actions against Commission as carrier of passengers

[Section 76 Subsection (1) amended by No. 44 of 1964, s. 7 ]

(1)  [Section 76 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 6 ][Section 76 Subsection (1) amended by No. 73 of 1993, Sched. 1, Applied:30 Mar 1998] Where an action is brought against the Commission for injuries occasioned by any wrongful act, neglect, or default of the Commission as carrier of passengers, if the Commission, within ten days after the service of the writ of summons or writ commencing the action under the Magistrates Court (Civil Division) Act 1992 , gives the plaintiff written notice that it admits the cause of action, but that it disputes the amount of its liability, the following provisions shall apply:

(a) On the defendant delivering such written notice to the plaintiff, the action shall be stayed until the plaintiff delivers to the Commission or its solicitor a statement setting forth the particulars specified in the second schedule , unless a judge orders that any of such particulars may be omitted from such statement;

(b) The plaintiff or, if the plaintiff is physically unable so to do, then some credible person on his behalf shall verify such statement by a statutory declaration unless a judge dispenses with such declaration;

(c) Every medical practitioner attending the person injured for the injuries in respect of which the action is brought, within seven days after being required by the plaintiff in writing so to do, or within such further time as a judge may order, shall deliver to the plaintiff a full statement of his fees, setting out each attendance with the date thereof and the amount charged for each attendance and, if any operation has been performed, the nature thereof and the amount charged therefor;

(d) In the event of the action being heard before a judge or a judge and jury, the judge or the jury, as the case may be, shall, on the hearing of the action, assess the amount to be paid to such practitioner;

(e) Within ten days after the delivery of such statement of the plaintiff to him, the defendant shall be at liberty to make an offer in writing to the plaintiff, or to his solicitor, of an amount in full satisfaction of the cause of action; and, if such offer is accepted by the plaintiff, judgment shall be entered forthwith for the amount thereof and costs;

(f) If within ten days after the delivery of the defendant's offer, or within such further time as a judge may order, such offer is not accepted by the plaintiff, he may then proceed with the action as if no such offer had been made;

(g) If the action is tried by a judge with a jury, no communication of the amount offered by the defendant as provided by this section shall be made to the jury;

(h) Unless the plaintiff recovers more than the amount offered, he shall pay the costs of the action; but, if the plaintiff recovers more than such amount the defendant shall pay such costs.

(2)  The expression

[Section 76 Subsection (2) amended by No. 73 of 1993, Sched. 1, Applied:30 Mar 1998] judge in subsection (1) of this section shall include, in the case of actions brought under the Magistrates Court (Civil Division) Act 1992 , a magistrate.

Division II - .  .  .  .  .  .  .  .  

77.   

[Section 77 Repealed by No. 30 of 1952, s. 2 ].  .  .  .  .  .  .  .  

78.   

[Section 78 Repealed by No. 46 of 1954, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

PART VIII - Offences

79.   False statements

[Section 79 Amended by No. 55 of 1965, s. 5 ]No person shall knowingly or wilfully make any false statement as to the nature, quantity, or value of any goods delivered upon a railway, in any way-bill or other document which he is required to deliver with respect to such goods.

Penalty:  Fine not exceeding 1 penalty unit.

80.   Dangerous goods

[Section 80 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ]

(1)  [Section 80 Subsection (1) amended by No. 55 of 1965, s. 5 ]No person shall send or attempt to send by any railway or deposit in any premises of a railway, any box or package containing dangerous goods, without distinctly marking the contents thereof on the outside of the box or package, or giving notice of the contents in writing to the officer in charge of the station at which the box or package is left.

Penalty:  Fine not exceeding 1 penalty unit.

(2)  In this section –

dangerous goods means goods declared by by-law to be dangerous goods.

81.   Encroachment, &c., on, and injuries to, railways

[Section 81 Amended by No. 36 of 1958, s. 4 and Sched. 6 ][Section 81 Amended by No. 55 of 1965, s. 5 ][Section 81 Amended by No. 67 of 1994, s. 3 and Sched. 1 ]No person shall, except with the lawful authority or written permission of the Commission –

(a) encroach on a railway, by making any building, fence, ditch, or other obstacle, or planting any tree or shrub thereon;

(b) dig up, remove, or alter in any way the soil or surface of a railway;

(c) fill up, divert, alter, or obstruct any ditch, drain, or watercourse directly carrying water off a railway, or made to protect the same; or do any act whereby any such ditch, drain, or watercourse is stopped, or the natural flow of water therein is obstructed;

(d) interfere with or divert any drain or watercourse so as to damage or injure any railway;

(e) fell or remove any tree, shrub, or timber growing on any railway;

(f) interfere with, move, injure, or damage any pole, stake, mark, or instrument used for the purpose of surveying or marking out any railway, or otherwise in connection therewith.

Penalty:  Fine not exceeding 2 penalty units and a daily fine not exceeding 0·2 penalty unit, together with a further sum equal to the cost incurred in removing any such encroachment or obstruction, or in repairing any injury done to the railway.

82.   Interfering with railways

[Section 82 Amended by No. 55 of 1965, s. 5 ][Section 82 Amended by No. 67 of 1994, s. 3 and Sched. 1 ]No person shall knowingly and wilfully or negligently –

(a) throw stones, gravel, timber, or any rubbish on a railway, or at any engine, carriage, or wagon thereon;

(b) drive any animal, or cause or allow any animal to wander on any portion of any railway where such portion is fenced on both sides, or in any station-yard or premises;

(c) do any act which obstructs or might obstruct the working of a railway, or endangers or might endanger the lives of persons travelling thereon;

(d) drive or attempt to drive any vehicle or animal across a level-crossing or elsewhere on a railway when an engine or any carriages or wagons on the railway are approaching and within a quarter of a mile from such crossing;

(e) place any rolling-stock on a railway without authority to do so;

(f) move any part of the rolling-stock on any railway, or leave the same on any part of a railway, without lawful authority so to do.

Penalty:  Fine not exceeding 1 penalty unit.

83.   Polluting railway or reservoir

[Section 83 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ]

(1)  [Section 83 Subsection (1) amended by No. 55 of 1965, s. 5 ]No person shall permit to flow or empty, or place, or cause, or suffer to flow, or to be emptied or placed, any sewage, night-soil, drainage, or other offensive matter, on to or upon any railway.

Penalty:  Fine not exceeding 1 penalty unit.

(2)  [Section 83 Subsection (2) amended by No. 55 of 1965, s. 5 ]No person shall bathe in or pollute the water of any reservoir or tank belonging to or connected with any railway.

Penalty:  Fine not exceeding 1 penalty unit.

84.   Unauthorized sale, &c., of tickets

[Section 84 Amended by No. 36 of 1958, s. 4 and Sched. 6 ][Section 84 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ]

(1)  [Section 84 Subsection (1) amended by No. 55 of 1965, s. 5 ]Unless authorized by the Commission so to do, no person shall sell, or exchange, or transfer or offer to sell or exchange, or transfer the whole or any part of a ticket issued in connection with the State railways.

Penalty:  Fine not exceeding 0·4 penalty unit.

(2)  [Section 84 Subsection (2) amended by No. 55 of 1965, s. 5 ]No person shall use upon any railway any ticket sold, exchanged, or transferred, whether in this State or elsewhere, without the authority of the Commission.

Penalty:  Fine not exceeding 0·4 penalty unit.

(3)  [Section 84 Subsection (3) amended by No. 55 of 1965, s. 5 ]No person shall –

(a) without lawful authority or excuse, make or bring into Tasmania, any ticket in connection with the State railways; or

(b) counterfeit any ticket in connection with the State railways.

Penalty:  Fine not exceeding 1 penalty unit or imprisonment for a term not exceeding 12 months.

85.   Travelling without ticket, &c.

[Section 85 Amended by No. 55 of 1965, s. 5 ][Section 85 Amended by No. 67 of 1994, s. 3 and Sched. 1 ]No person, without reasonable excuse, shall –

(a) travel or attempt to travel by railway without having previously paid his fare;

(b) having paid his fare for a certain distance, proceed by railway beyond such distance without previously paying the additional fare for the additional distance;

(c) refuse or neglect to quit the railway on arriving at the point to which he has paid his fare.

Penalty:  Fine not exceeding 0·2 penalty unit, in addition to the fare or difference in fare properly payable.

86.   Offences in connection with gates

[Section 86 Amended by No. 55 of 1965, s. 5 ][Section 86 Amended by No. 67 of 1994, s. 3 and Sched. 1 ]No person –

(a) being employed to open and shut any gate placed across any public road crossed by any railway, shall fail or neglect to open such gate so soon as the trains have passed;

(b) after using any gate –

(i) placed across any public road crossed by any railway; or

(ii) providing access to, or egress from, any railway –

and not being in charge of any person employed as aforesaid shall fail or neglect to close such gate forthwith after such user.

Penalty:  Fine not exceeding 0·2 penalty unit.

87.   Minor offences

[Section 87 Amended by No. 36 of 1958, s. 4 and Sched. 6 ][Section 87 Amended by No. 55 of 1965, s. 5 ][Section 87 Amended by No. 67 of 1994, s. 3 and Sched. 1 ]No person shall knowingly and wilfully –

(a) deface the writing on any board or any notice authorized to be maintained on any railway, or any railway carriage, or rolling-stock, or any railway station;

(b) damage any railway, or any engine, carriage, truck, wagon, or any material or rolling-stock used upon any railway;

(c) behave in a violent or offensive manner to the annoyance of others, or be drunk, on any railway or in any carriage thereon;

(d) alter any ticket with intent to avoid payment of the proper fare or any part thereof;

(e) sell or offer for sale or transfer any free-pass ticket, or permit any person other than the person to whom such free-pass ticket is issued to make any use of such ticket;

(f) use any ticket, the time for the proper use of which has expired;

(g) travel in any railway carriage of a class superior to that for which he is provided with a ticket;

(h) write any indecent words, or draw any indecent or obscene picture or representation on any part of a railway, or on any railway carriage or rolling-stock, or on any fences or buildings upon or adjoining any railway, or near to and conspicuous from any railway;

(i) affix any placard or bill on any part of the buildings or fences upon or connected with any railway, or sell any articles on any railway without the authority of the Commission;

(j) neglect to shut any gate or slip-panel in any fence forming the boundary of, or upon or adjoining, any railway;

(k) trespass upon any part of a railway not being a station, platform, or railway crossing, or some other part to which the public are allowed access;

(l) trespass upon any railway in the course of construction, or upon any land occupied for the purposes of railway construction; or

(m) ride or drive, without lawful authority, any animal or vehicle upon any railway in course of construction or upon any land occupied for the purposes of railway construction.

Penalty:  Fine not exceeding 0·2 penalty unit.

88.   Onus of proof

In any proceedings in respect of any contravention of any of the provisions of this Part, the allegations set forth in the complaint shall be deemed to be proved in the absence of proof by the defendant to the contrary.

PART IX - Miscellaneous

Division I - Procedure and evidence

89.   Liability for loss after transit restricted

[Section 89 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]When any goods delivered to be carried along or upon any railway have been carried safely to the place to which the Commission has undertaken to carry them, the Commission, after the expiration of eight working hours from their arrival at such place, shall be responsible only as bailee for custody in respect of any damage or loss that may arise or accrue with reference to such goods.

90.   Commission may inspect contents of packages

[Section 90 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]The Commission, or any officer in charge of a station or siding, in the presence of a witness, may test, gauge, or open any cask, case, package, parcel, or consignment of goods delivered or offered to the Commission for transmission by railway, and may examine and inspect the contents thereof in order to ascertain and determine whether the description, value, quantity, number, nature, and character of such contents are correctly described in the consignment note, invoice, or bill of lading relating to such cask, case, package, parcel, or consignment, and such goods shall be properly repacked by the Commission or such officer.

91.   Proof of fares, conditions, and regulations

[Section 91 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]Any publication purporting to contain a list of any fares, rates, or charges fixed by the Commission, or any time-tables, conditions, or regulations made or imposed by it under this Act, and which purports to be printed by authority of the Commission, shall be prima facie evidence that the fares, rates, charges, time-tables, conditions, and regulations contained therein were fixed, made, or imposed by the Commission, and that they are still in force.

92.   Effect of endorsement of certain words on railway documents

[Section 92 Amended by 25 Geo. V No. 78 ][Section 92 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]The printing or writing, by way of endorsement or otherwise, of the words "subject to the Railway Management Act 1935 ", on any ticket, receipt, consignment note, or other instrument or document issued by the Commission, or used or employed in connection with a railway, shall, for all purposes, be a sufficient notice of any such publication as is mentioned in section ninety-one , and of the contents of such publication, to any person to whom such ticket or receipt is issued or given, or who uses or is concerned or interested in such consignment note or other instrument or document; and for the purpose of the application of anything contained in such publication to such ticket, receipt, consignment note, or other instrument or document as aforesaid, it shall not be necessary to print, write, or otherwise delineate thereon any portion of such publication, but such portions of such publication as are applicable to any such ticket, receipt, consignment note, or other instrument or document, as aforesaid, shall be deemed to be written or printed thereon and incorporated therewith.

93.   Detention in certain cases

(1)  Whenever any contravention of this Act or the breach of any by-law made thereunder would be attended with danger or annoyance to the public, or hindrance to any of the officers or employees in the lawful use of any railway, such officers or employees, or any of them, may summarily interfere to obviate or remove such danger, annoyance, or hindrance, without prejudice to the recovery or enforcement of any penalty incurred by any such contravention or breach.

(2)  Any officer or employee in the Railway Service, and all persons called by him to his assistance, may seize and detain any person committing, or attempting to commit, or who has committed any such offence as is mentioned in section eighty-five , and whose name and address are unknown to such officer or employee, and may give him in charge to a police officer.

94.   Power of arrest in certain cases

Any police officer, or any officer or employee in the Railway Service, may arrest without warrant any person who –

(a) trespasses upon a railway, and refuses to leave after being warned by any officer or servant employed thereon;

(b) is drunk or behaves in a violent or offensive manner to the annoyance of others on the railway or at any station or platform thereof, or in any carriage or railway vehicle thereon;

(c) obstructs or impedes any officer or employee of the Railway Service in the performance of his duty; or

(d) does or attempts to do, or instigates, aids, or assists another person to do, anything which may endanger the lives of persons employed on or travelling on the railway.

95.   Power to arrest railway employees

Any police officer may arrest without warrant any officer or employee of the Railway Service who –

(a) is found drunk while on duty;

(b) commits any offence against any by-law; or

(c) wilfully, maliciously, or negligently does or omits to do any act whereby any person passing along or being upon any railway is or might be injured, or whereby the passage of any engine, carriage, or train is or might be obstructed or impeded.

Division II - Officers' responsibility

96.   Responsibility for damage

[Section 96 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]

(1)  Every officer and employee of the Railway Service shall be responsible for any damage caused by the wrongful act or neglect of such officer or employee.

(2)  The Commission may deduct from the salary or pay of any such officer or employee the loss occasioned by any such wrongful act or default, or may recover the same in a summary way.

Division III - Recovery and appropriation of moneys

97.   Recovery of charges

[Section 97 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]In any case where default is made in the payment of any amount due in respect of the conveyance of any passenger, or the carriage or custody of any goods, under the authority of this Act, the same may be recovered by the Commission in any court of competent jurisdiction, or in a summary way.

98.   Appropriation

[Section 98 Amended by 2 & 3 Geo. VI No. 70, s. 41 ][Section 98 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]

(1)  Subject to this Act, all moneys received by any person by virtue of this Act, and all penalties and sums of money imposed or made payable by this Act, shall be paid to the Commission.

(2)  All moneys or penalties received or recovered from any person under any by-law shall be paid into and form part of the Railway Reward Fund constituted under section ninety-nine .

Division IV - Railway Reward Fund

99.   Railway Reward Fund

[Section 99 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]

(1)  There shall be a fund, to be called "The Railway Reward Fund", into which shall be paid all moneys received as provided by subsection (2) of section ninety-eight.

(2)  All moneys forming part of the Railway Reward Fund as existing at the commencement of this Act shall form part of the Fund hereby constituted.

(3)  The Fund and the accumulations thereof shall be vested in the Commission, and the Auditor-General as Commissioners of the Fund, and shall be managed and invested by such Commissioners, and shall be disbursed by them in such manner as they think fit by way of rewards for special services rendered, and meritorious conduct, in connection with any railway.

(4)  When the amount standing to the credit of the Fund exceeds two hundred pounds, the Commissioners of the Fund may apply so much of the excess as they think fit in assisting, in such manner as they think fit, any welfare scheme for officers and employees of the Railway Service instituted by any organization of such officers and employees, and approved by the Commission.

(5)  The Commission may remit any fine inflicted on any officer or employee of the Railway Service under any by-law or regulation, and, when such fine has been paid, the amount thereof may be repaid from the Fund to such employee by the Commissioners of the Fund.

Division V - Closing railways

100.   Closing railways

[Section 100 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]

(1)  The Governor at any time, by proclamation, upon the recommendation of the Commission, may permanently close and discontinue the use of any line of railway specified in the proclamation.

(2)  The closing and discontinuance of the use of any line of railway under this section shall not take effect until after the expiration of a period of three months from the date of the publication of the proclamation in the Gazette.

(3)  After the expiration of such period of three months, if the proclamation is then in force, the Commission may cause to be pulled up, dismantled, demolished and removed any such line of railway, together with all such buildings, erections, structures, works, and appurtenances used or occupied in connection with such line of railway as the Commission thinks fit.

Division VI - Miscellaneous

101.   Exception of railway buildings from local building regulations

No building or other erection upon a railway shall be subject to any Act, or any by-laws or regulations made thereunder, by which any local authority is empowered to regulate the erection, construction, or use of any buildings or erections within the jurisdiction of such local authority.

102.   Requirements as to opening railway for traffic

[Section 102 Amended by No. 36 of 1958, s. 4 and Sched. 6 ]No part of any railway shall be open for traffic until the Director of Public Works has reported to the Commission that he has inspected the whole of such part of the railway, and that such railway is in good and efficient repair, and may be safely used for public traffic thereon.

SCHEDULE 1 - Acts Repealed

Section 2

SCHEDULE 2

[Schedule 2 Amended by 25 Geo. V No. 78 ]

Section 76 (1) (a)