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Authority of railway administration to execute all necessary work

Railways Act 1905

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—(1) Subject to this Act, and subject also as regards the parties thereto to the provisions of any contract entered into between a railway administration and the owners or occupiers of, or other parties interested in, any lands taken or used for the purposes of a railway, and subject also in the case of a company to the provisions of any contract between the Minister and the company, the railway administration may, for the purpose of constructing the railway or the accommodation or other works connected therewith and notwithstanding anything in any other Act for the time being in force —(a)make or construct in, upon, across, under or over any lands or any streets, hills, valleys, roads, railways or tramways, or any rivers, canals, brooks, streams or other waters, or any drains, water-pipes, gas-pipes, electric wires or posts, such temporary or permanent inclined planes, arches, tunnels, culverts, embankments, aqueducts, bridges, roads, lines of railway, ways, passages, conduits, drains, piers, abutments, cuttings and fences as the railway administration thinks proper;(b)alter the course of any rivers, brooks, streams or watercourses for the purpose of constructing and maintaining tunnels, bridges, passages or other works over or under them; and divert or alter, temporarily as well as permanently, the course of any rivers, brooks, streams or water-courses or any roads, streets or ways; or raise or sink the level thereof in order the more conveniently to carry them over or under or by the side of the railway as the railway administration thinks proper;(c)make drains or conduits into, through or under any lands adjoining the railway for the purpose of conveying water from or to the railway;(d)erect and construct such houses, warehouses, offices and other buildings and such yards, stations, wharves, engines, machinery, apparatus and other works and conveniences as the railway administration thinks proper;(e)alter, repair or discontinue such buildings, works and conveniences as aforesaid or any of them and substitute others in their stead; and(f)do all other acts necessary for making, maintaining, altering or repairing and using the railway.(2) The exercise of the powers conferred on the railway administration by this section shall be subject to the control of the Minister.

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