The following memorandum has been forwarded to me asking for advice:

Section 16 of the Commonwealth Railways Act 1917 reads:

For the purposes of this Act there shall be vested absolutely in the Commissioner,and, in respect of land, for an estate in fee simple-

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(d) all land acquired for or on behalf of the Commonwealth for railway purposes;

Section 21 of the same Act provides that the Commissioner may, with the approval of the Minister, lease any land belonging to the railways for any purpose approved by him.

It is apparently not specifically stated in such Act that the Commissioner can sell any land, and the question is submitted as to whether the Commissioner has any right to so dispose of land.

The lands hitherto obtained for railway purposes have been acquired under the Lands Acquisition Act 1906 (Commonwealth). Section 63 of that Act provides:

If any land acquired or deemed to have been acquired under this Act, or under any Act repealed by this Act, is not required for any public purpose-

(a) the Governor-General may authorize the disposal of it as he thinks fit;

Question: Does the vesting by the subsequent Act (Commonwealth Railways Act 1917, section 16 before quoted) of all railway lands in the Commissioner prevent lands acquired for railway purposes and afterwards found superfluous being now disposed of by the Governor-General under section 63 of the Lands Acquisition Act. I shall be glad of advice.

Sub-section (2) of section 63 of the Commonwealth Railways Act 1917 provides that:

The provisions of the Lands Acquisition Act 1906-1916 shall apply, with such modifications and adaptations as are prescribed, in relation to lands acquired or to be acquired for the purposes of a railway.

In view of section 16 of the Commonwealth Railways Act, which vests in the Commissioner land acquired for railway purposes, the provisions of the Lands Acquisition Act would no longer apply to such land, were it not for the provisions of the section above quoted.

Therefore assuming that no modifications or adaptations have been prescribed, land acquired for the purposes of a railway may be sold by the Governor-General under the Lands Acquisition Act.

[Vol. 15, p. 323]