Barrow Drainage Act, 1927

Duties of Commissioners in regard to railways and railway bridges.

27.—(1) If and in so far as the scheme provides for the diversion, removal, or other interference with any railway or railway bridge the following provisions shall (subject to the provisions of this section) have effect, that is to say:—

(a) where the execution of the works specified in the scheme involves the closing of the railway or railway bridge to traffic, the Commissioners shall construct and shall maintain while such railway or railway bridge is so closed to traffic a temporary railway or railway bridge sufficient to carry traffic of such quantity and character as normally uses such railway or railway bridge;

(b) the Commissioners shall at or before the completion of the works specified in the scheme either restore the railway or railway bridge to its former condition or construct a new permanent railway or railway bridge sufficient to carry the like amount (in quantity and character) of traffic as the original railway or railway bridge was able to carry and not substantially less convenient in gradient and curve than such original railway or railway bridge;

(c) if any doubt, dispute, or question shall arise as to whether the Commissioners, in the construction, maintenance, or restoration of any temporary or permanent railway or railway bridge pursuant to this section, have complied with the provisions of this section, such doubt, dispute, or question shall be decided by the Minister for Industry and Commerce whose decision shall be final and conclusive.

(2) The Great Southern Railways Company may at the request of the Commissioners undertake the work of constructing and maintaining any temporary railway or railway bridge and of restoring any railway or railway bridge or of constructing any new permanent railway or railway bridge the construction and maintenance and the restoration or construction of which respectively are or is required by this section to be done by the Commissioners.

(3) The cost of any work undertaken and completed by the Great Southern Railways Company at the request of the Commissioners under this section shall be paid by the Commissioners as part of the expenses of carrying out the scheme, and if any dispute or question arises between the Great Southern Railways Company and the Commissioners as to the amount of such cost such dispute or question shall be decided by the Minister for Industry and Commerce whose decision shall be final and conclusive.