9 Crown land may be used for purposes of railway s. 9 S. 9(1) amended by No. 41/1987 s. 103(Sch. 4 item 16.1). (1) Any unalienated land of the Crown which was used for the purposes of the said railway or in connexion with the railway immediately before the commencement of this Act or is required by the Emerald Tourist Railway Board for the purposes of this Act may, with the concurrence of the Minister for the time being administering the Conservation, Forests and Lands Act 1987, be so used by the Board for the purposes of this Act. (2) Upon the publication in the Government Gazette of a description of any such unalienated land of the Crown the land shall become vested in the Board as if it were reserved under the Land Act 1958 for the purposes of this Act but shall be and remain lands of the Crown. 10 meeting of Board s. 10 (1) The members of the shall hold their first meeting at such time and place as the Governor in Council appoints in that behalf and shall proceed to put this Act into execution. (2) On the day appointed subsection (1) the Board shall be and be deemed to be duly and legally constituted in pursuance of the provisions of this Act. __________________ 11 Term of office s. 11
All moneys received by the Board (including loan moneys) shall be paid into and form a fund to be called the "General Fund" and may be applied by the Board in carrying this Act into execution. Ss 24, 25 repealed by No. 31/1994 s. 4(Sch. 2 item 27). * * * * * 26 Borrowing by Board (1) Subject to this Act the Board may borrow by way of loan, advance, or overdraft such moneys as it thinks necessary from time to time for carrying out its objects. (2) Before the Board adopts any project or scheme or programme of works involving in whole or in part the expenditure of moneys borrowed or proposed to be borrowed by the Board under this Act the Board shall obtain the approval of the Minister and for that purpose shall submit or cause to be submitted to the Minister a statement of the purpose of the expenditure, including particulars of any proposed works or services, and a detailed statement of the manner in which the Board proposes to repay the moneys to be borrowed under the project, scheme, or programme. 27 Board may make loans (1) For carrying out its objects the Board may make loans to any person seeking to assist in establishing or developing the undertaking of the Board on such terms and conditions as the Board thinks fit. (2) The Board shall not make a loan to a member, officer, or employé of the Board or enter into a
which the works are to be completed or materials furnished, and the penalties to be suffered in case of non-performance thereof. (3) Any such contract may also specify the person to whose satisfaction the work is to be completed or materials furnished and the mode of determining any dispute which arises concerning or in consequence of the contract. S. 39(4) substituted by No. 70/1994 s. 10. (4) A contract made by the Board the consideration for which exceeds $200 000 is of no force or effect unless approved by the Minister. 40 Certificate of chairman to be evidence of ownership by Board s. 40 A certificate purporting to be signed by the chairman of the Board for the time being to the effect that any lands, stations, or buildings described in the certificate are vested in the Board or are or were at any specified time used for the purposes of the Emerald Tourist Railway within the meaning of section 9 shall be prima facie evidence that such lands, stations, or buildings are so vested and shall be received in evidence in any proceedings in any court. 41 Grants of leases, licences and easements S. 41(1) amended by No. 70/1994 s. 11. (1) The Board may in respect of any land vested in the Board under this Act grant— S. 41(1)(a) substituted by No. 92/2003 s. 4. lease—
Emerald Tourist Railway (Amendment) Act 2003, No. 92/2003 Endnotes Assent Date: 25.11.03 Commencement Date: 26.11.03: s. 2 : All of Act in operation Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 36) on 12.12.05: Government Gazette 1.12.05 p. 2781 : This information relates only to the provision/s amending the Emerald Tourist Railway Act 1977 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 20) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Emerald Tourist Railway Act 1977 Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010) Assent Date: 2.3.10 Commencement Date: S. 203(1)(Sch. 6 item 17) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 : This information relates only to the provision/s amending the Emerald Tourist Railway Act 1977 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes