Tocumwal Railway Extension (Supplementary Agreement Ratification) Act 1978 No 71



An Act to ratify an Agreement between the State of New South Wales and the State of Victoria which authorises the State of Victoria to fix permanently the lifting span in the bridge at Tocumwal.
2   Interpretation
In this Act, the Agreement means the Agreement, a copy of which is set out in Schedule 1.
3   Ratification of Agreement
The Agreement is hereby approved, ratified and confirmed.
4   Execution of Agreement
(1)  The Agreement may be carried into effect notwithstanding the provisions of the Tocumwal Railway Extension Act 1906, or any other Act.
(2)  The Government of the State of Victoria is hereby authorised to make at its cost such alterations and additions to the bridge which is referred to in the Agreement as are required for the purpose of permanently fixing the lifting span in that bridge.
(3)  Subsections (1) and (2) do not have effect until the Agreement is ratified by an Act of the Parliament of the State of Victoria.
Schedule 1
(Section 2)
THIS AGREEMENT is made the twenty third day of September One thousand nine hundred and seventy-seven BETWEEN the Honourable NEVILLE KENNETH WRAN Premier of the State of New South Wales acting for and on behalf of the Government of New South Wales of the one part and the Honourable RUPERT JAMES HAMER Premier of the State of Victoria acting for and on behalf of the Government of Victoria of the other part:
WHEREAS:
  This Agreement is supplementary to an agreement made the 19th day of April One thousand nine hundred and six and ratified by the Tocumwal Railway Extension Act 1906 No. 57, of the State of New South Wales and the Tocumwal Railway Extension Act 1907 of the State of Victoria (hereinafter called “the Principal Agreement”) under which the then Premiers of the said States agreed to the extension of the Victorian railway system into New South Wales from the South bank of the Murray River to Tocumwal upon the terms and conditions set out in the Principal Agreement
II   The Principal Agreement inter alia provided that the then present lift in the Tocumwal bridge was to be maintained in order that navigation would not be impeded
III   The Government of New South Wales has now agreed with the Government of Victoria that the lift is no longer required and that the lifting span may be permanently fixed
NOW IT IS HEREBY MUTUALLY AGREED as follows:
1. 
The State of Victoria may at its cost make such alterations and additions to the present Tocumwal bridge as are required for the purpose of permanently fixing the lifting span.
2. 
Clause 3 of the Principal Agreement is hereby repealed.
3. 
This Agreement shall have no force or effect until ratified by legislation by both the Government of New South Wales and the Government of Victoria.
IN WITNESS whereof the parties hereto have executed these presents the day and the year first above written.
SIGNED SEALED and DELIVERED by NEVILLE KENNETH WRAN Premier of the State of New South Wales in the presence of:
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NEVILLE WRAN (L.S.)
G. GLEESON
 
SIGNED SEALED and DELIVERED by RUPERT JAMES HAMER Premier of the State of Victoria in the presence of:
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R. J. HAMER (L.S.)
K. D. GREEN