Ida Bay Railway Act 1977

Ida Bay Railway Act 1977

An Act to authorize the granting of a lease of certain land at Ida Bay, being reserved land under the National Parks and Wildlife Act 1970 , for the purpose of enabling the lessee to maintain and work the Ida Bay Railway and for other purposes in connection with the working of that railway

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:

1.   Short title

This Act may be cited as the Ida Bay Railway Act 1977 .

2.   Interpretation

[Section 2 Amended by No. 5 of 1990, s. 3 and Sched. 1 ]In this Act, unless the contrary intention appears –

ancillary railway means the section of the Ida Bay Railway that runs on the ancillary tracks;

ancillary tracks has the meaning assigned to that expression by section 3 (1) (b) ;

Director means the Director of National Parks and Wildlife;

Ida Bay Railway means –

(a) the railway; and

(b) the ancillary railway;

Minister means the Minister for the time being administering the National Parks and Wildlife Act 1970 ;

Minister for Crown Lands means the Minister for the time being administering the Crown Lands Act 1976 ;

railway means the railway approximately 6·5 kilometres in length at Ida Bay commencing in the town of Ida Bay and ending at the Deep Hole, Southport.

3.   Authorization for lease of certain reserved land at Ida Bay

(1)  Where land at Ida Bay becomes reserved land under the National Parks and Wildlife Act 1970 , the Minister may, on the recommendation of the Director and with the approval of the Minister for Crown Lands, grant a lease of the following areas of that reserved land:

(a) the area on which the track for the railway is constructed;

(b) areas on which tracks ancillary to the track for the railway are constructed (in this Act referred to as "ancillary tracks");

(c) such other areas as may be necessary to include or accommodate any buildings used for or in connection with the maintenance and working of the railway and the ancillary tracks and any works or facilities ancillary to the railway and those tracks;

(d) such other areas as may be necessary to provide accommodation and other facilities for tourists.

(2)  A lease granted as provided in subsection (1) may contain –

(a) conditions relating to the working of the Ida Bay Railway;

(b) conditions relating to the construction and maintenance of any works or facilities ancillary to the Ida Bay Railway or ancillary to the maintenance and working of that railway; and

(c) conditions relating to the provision, maintenance, and operation of accommodation and other facilities for tourists on the demised land.

(3)  Subject to subsection (2) , a lease granted as provided in subsection (1) shall be on such terms, and contain such covenants and conditions, as the Minister, on the recommendation of the Director and with the approval of the Minister for Crown Lands, may determine.

(4)  In this section, lease includes a sub-lease.

4.   Exclusion of application of the Railway Management Act 1935

The Railway Management Act 1935 does not apply to or in relation to –

(a) The Ida Bay Railway;

(b) any land on which that railway is constructed;

(c) any building on that land;

(d) any works or facilities ancillary to that railway, or ancillary to the maintenance and working of that railway;

(e) any land on which those works or facilities are constructed or provided; or

(f) any materials for the maintenance and working of that railway or for the construction or provision of those works or facilities.