Railway Construction (Maldon to Port Kembla) Act 1983 (NSW)

Railway Construction (Maldon to Port Kembla) Act 1983 No 112

An Act to sanction and provide for the construction of a branch railway from the main southern railway near Maldon to the vicinity of the Port Kembla Coal Loading Berth; and for other purposes.

1 Name of Act This Act may be cited as the Railway Construction (Maldon to Port Kembla) Act 1983.

2 Interpretation (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— scheduled work means the work described in Schedule 1, subject to such modifications and deviations as may be deemed necessary or desirable by the Authority. the Authority means Transport for NSW and the Transport Asset Manager of New South Wales. (2) The site of the work described in Schedule 1 is as shown on the plan marked "State Rail Authority of New South Wales Maldon to Dombarton to Port Kembla Scheduled Plan No 2014/50,604" sealed with the seal of the Authority, countersigned by the Chief Civil Engineer of the Authority, and deposited in the office of the Authority.

3 Scheduled work sanctioned (1) The carrying out of the scheduled work is hereby sanctioned. (2) The Authority is empowered to carry out the scheduled work and for the purpose of so doing may do all such things, including entering into contracts, as it may consider necessary.

4 Cost of scheduled work The cost of carrying out the scheduled work which, exclusive of amounts paid in connection with the acquisition of land, is estimated at $160,000,000 shall not exceed that amount by more than 10 per cent.

5 Application of Public Works Act 1912 (1) The scheduled work shall be deemed to be an authorised work within the meaning of the Public Works Act 1912 (in this section referred to as the Act). (2) For the purpose of the scheduled work, the Authority shall be the Constructing Authority within the meaning of the Act. (3) The provisions of the Act, other than sections 34, 35, 36, 37, 47, 48, 49, 91 (b), 126 (3), 151 and 153, shall apply to and in respect of the scheduled work. (4) Notwithstanding the exclusion by subsection (3) of the provisions of section 91 (b) of the Act to and in respect of the scheduled work, the Authority may in its discretion make and maintain such fences in connection with the scheduled work as it thinks fit. (5) Without prejudice to the generality of the other provisions of this section, the provisions of section 38 of the Act shall apply to and in respect of a contract to be made under section 3 (2).