Railways (Deviations) Act

Link to law: http://www.parliament.gov.zm/node/1482
Published: 1931

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The Laws of Zambia

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REPUBLIC OF ZAMBIA

THE RAILWAYS (DEVIATIONS) ACT

CHAPTER 456 OF THE LAWS OF ZAMBIA

CHAPTER 456 THE RAILWAYS (DEVIATIONS) ACT

THE RAILWAYS (DEVIATIONS) ACT

ARRANGEMENT OF SECTIONS

Section

1. Short title

2. Interpretation

3. Authority to make deviations in the line of railway

4. Validation of deviation previously made

5. Provisions as to the payment of compensation

6. Dispute not to delay taking of land

7. Arbitration and appointment of arbitrator

8. Provision when the owner is a person under disability

9. Title to land taken

10. Regulations

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CHAPTER 456

*(1)RAILWAYS (DEVIATIONS)

An Act to empower railway companies to make deviations; to make provision for
the acquisition of land therefor; and to provide for matters incidental to or
connected therewith.

[24th April, 1931]

*See section 89 of the Zambia Railways Act (Cap. 767 of the old edition) which empowers the
Minister to amend, modify or repeal the provisions of this Act.

22 of 1931
24 of 1931
5 of 1942
20 of 1957
Government Notices
318 of 1964
497 of 1964
Statutory Instrument
154 of 1965

1. This Act may be cited as the Railways (Deviations) Act. Short title

2. In this Act, unless the context otherwise requires- Interpretation

"deviation" shall be deemed to include any junctions, sidings, stations and
approaches, and any other works incident to a deviation;

"line of railway" means the course of the railway line one hundred yards in width
between the terminal points as defined in or under the provisions of the law
authorising the construction and completion of such railway;

"railway company" means any railway company empowered by law enacted prior
or subsequent to the commencement of this Act to construct, equip,
complete, maintain and work a line of railway.

3. (1) A railway company may from time to time, with the consent of the Minister,
make deviations in the line of railway whether such deviations involve an alteration of
either or both of the termini thereof.

Authority to make
deviations in the line of
railway

(2) Upon application for such consent as aforesaid, the railway company shall
supply such plans, general plans and diagrams of the proposed deviation together with
such further information in regard thereto as the Minister may require.

(3) As soon as the consent of the Minister to the proposed deviation shall have been
obtained, and subject to any conditions which such consent may contain, the railway
company shall with respect to such deviation have the same rights and be subject to the
same obligations (except as regards the payment of compensation for the taking of land)
as are created and imposed in the law authorising the construction of the line of railway
from which such deviation is to be made.

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(4) In regard to any proposed deviation there shall be published such notices or
advertisements in such manner and by such persons as may be prescribed.

*See section 89 of the Zambia Railways Act (Cap. 767 of the old edition) which empowers the
Minister to amend, modify or repeal the provisions of this Act.

(5) As soon as the Minister shall give his consent to any deviation, notification as to
the land affected thereby shall be given to the Registrar of Lands and Deeds and shall be
registered by him in such form and manner as may be prescribed.

(6) Upon the construction and completion of any deviation authorised as aforesaid,
the line of railway so deviated shall for all statutory purposes other than compensation for
the taking of land be deemed to be the line of railway originally authorised by law, and the
ownership of, and all rights of the railway company to, in or over, the portion of the original
line of railway acquired under this or any other Act authorising the taking possession of
land by a railway company, and in substitution for which any such deviation shall have
been made, shall thereupon vest in the President.

(As amended by No. 5 of 1942, G.N. No. 318 of 1964 and S.I. 154 of 1965)

4. Any deviation constructed prior to the commencement of this Act shall be
deemed to have been constructed under this Act, and all the provisions of this Act, and
any act or thing declared to be necessary to be done or performed thereunder, shall be
deemed to have been fully done and performed, and the said deviation is hereby validated
and confirmed in every respect in regard to all acts and things done or omitted up to the
commencement of this Act, and thereafter the said deviation shall be subject to the
provisions of this Act.

(No. 24 of 1931)

Validation of deviation
previously made

5. (1) As often as any deviation has been authorised in accordance with the
foregoing provisions of this Act, and the railway company is unable to agree with any
person who claims to be entitled to compensation in respect of the ownership or
occupation of any land taken by the railway company for any such deviation, the railway
company and the person making such claim shall, within such time and in such manner as
may be prescribed, notify the Commissioner of Lands of the fact of such disagreement.
On receipt of such notification the Commissioner of Lands shall call upon the parties,
within such time as may be prescribed, to proceed to arbitration as provided in section
seven.

Provisions as to the
payment of
compensation

(2) In assessing compensation in respect of any land taken under this Act, the
arbitrator shall, unless in any case the Minister shall otherwise direct, act in accordance
with the following rules:

(a) No allowance shall be made on account of the acquisition being
compulsory.

(b) The value of the land shall be that amount which the land if sold in the open
market by a willing seller might be expected to realise.

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(c) Allowance shall be made for any improvements not included in the value of
the land.

(d) Allowance may be made for any disturbance of the enjoyment of the whole
of the land from which any portion has been taken, having regard to the
purpose for which the land was being used at the date of the taking thereof
by the railway company.

(e) Allowance may be made for any enhanced value of the remainder of the
land by reason of the new railway construction.

(3) Nothing in this Act shall be deemed to deprive any person of any right to
compensation to which he may be entitled under section nineteen (12) or one hundred
and eighteen of the *(2)Mining Act, Chapter 91 of the 1957 Edition of the Laws.

*The Mining Act referred to was first published as Proclamation No. 5 of 1912.

(As amended by No. 20 of 1957 and G.N. No. 318 of 1964)

6. As soon as the consent of the Minister has been given to any proposed
deviation, it shall not be necessary for the railway company to await the settlement of any
dispute as to compensation before taking the land included in such deviation.

(As amended by G.N. No. 318 of 1964)

Dispute not to delay
taking of land

7. Arbitrations under this Act shall be conducted in accordance with and be
governed by the provisions of the Arbitration Act:

Arbitration and
appointment of
arbitrator.
Cap. 740

Provided that if the parties do not concur in the appointment of a sole arbitrator, the
Minister shall appoint an official or other person as sole arbitrator.

(As amended by G.N. No. 318 of 1964)

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8. As often as any person interested or concerned in any arbitration under this Act
shall be a person who is absent from Zambia or cannot after diligent inquiry be found in
Zambia and who has no known agent or representative therein or shall be an infant,
lunatic or person of unsound mind, the following provisions shall apply:

(a) All notices required to be given to such infant or other person shall be given
to the Registrar of the High Court (hereinafter referred to as the Registrar)
on behalf of such person.

(b) The Registrar shall have and exercise all the powers and do and perform all
acts, matters and things which such person would if capable of acting in his
own behalf have and exercise or be liable to do or perform, and the
Registrar may at any time apply to the High Court or to a Judge thereof for
directions in this behalf.

(c) All moneys which shall in pursuance of any award be payable to any such
person shall be paid to the Registrar to the account of such person and the
Registrar shall receive and administer the same on behalf of such person.

*The Mining Act referred to was first published as Proclamation No. 5 of 1912.

(d) If in any case any person of full age shall be entitled to a life or other limited
interest in any land the subject of any such arbitration in which any person
under disability or who is absent from Zambia or cannot after diligent inquiry
be found in Zambia and who has no known agent or representative therein
shall also be interested in remainder expectancy or otherwise, then the
whole compensation as fixed by the award of an arbitrator shall be paid to
the Registrar to the account of the person interested and the person who
was entitled to the life or other limited interest shall be entitled for life or for
the other limited interest to draw the interest payable upon the sum so paid
in, subject however to any order in respect thereof which the High Court or
a Judge thereof may upon the application of any person having an interest
see fit to make.

Provision when the
owner is a person
under disability

9. As soon as the consent of the Minister shall have been given to any proposed
deviation, and subject to any conditions which such consent may contain, the ownership
and possession of the land taken for such deviation shall vest in the railway company, and
shall be held by them in all respects (save as to the payment of compensation therefor) as
if such land had formed part of the original line prior to such deviation:

Title to land taken

Provided that the reversionary interest in such land shall vest in the President.

(As amended by G.N. No. 318 of 1964 and S.I. No. 154 of 1965)

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10. The Minister may, by statutory instrument, make regulations-

(a) for the publication of notices and advertisements of any proposed deviation;

(b) for the filling and hearing of objections to any proposed deviation;

(c) for the holding of an inquiry into any such objections;

(d) prescribing the time within which any notice required by this Act shall be
given or served or any claim to compensation may be made;

(e) prescribing the fees and fixing the charges, costs and expenses for any act,
matter or thing under this Act to be done or observed;

(f) for the registration of deviations or any notification thereof; and

(g) generally for the better carrying into effect of the purposes of this Act.

(As amended by G.N. No. 318 of 1964)

Regulations

SUBSIDIARY LEGISLATION

RAILWAYS (DEVIATIONS) CAP. 456

SECTION 10-THE RAILWAYS (DEVIATIONS) REGULATIONS

Regulations by the Minister

Government Notices
of 1935
89 of 1957
318 of 1964
497 of 1964
Statutory Instrument
154 of 1965
Act No.
13 of 1994

1. These Regulations may be cited as the Railways (Deviations) Regulations. Title

2. Upon application to the Minister for consent to a proposed deviation, the railway
company shall publish in the Gazette and in one newspaper circulating in Zambia
particulars in Form 1 in the First Schedule.

(As amended by No. 318 of 1964)

Notice of proposed
deviation

3. Any person who wishes to object to the proposed deviation shall, within three
months of the date of publication of the later notice made under regulation 2, or within
such lesser period as the Minister may agree in any particular case, send his objection in
writing together with the reasons therefor to the Permanent Secretary, Ministry of Power,
Transport and Works.

(As amended by No. 318 of 1964 and No. 154 of 1965)

Lodging of objections

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4. For the purpose of considering objections made under regulation 3 to any
proposed deviation, the Minister may constitute an ad hoc Board consisting of a chairman
and such other persons as the Minister may appoint. The Minister may appoint such
person as he may think fit to be the secretary of the Board.

(As amended by No. 318 of 1964)

Constitution of Board
to consider objections

5. It shall be the duty of the Board without undue delay to consider any objections
which may be lodged within the prescribed time and in the prescribed manner, and to hear
all parties whom the Board shall consider to be sufficiently concerned to entitle them to be
heard. No objections shall be considered unless lodged within the prescribed period.

Hearing of objections

6. The Board shall, after considering the proposed deviation and any objections
thereto, forward the same to the Minister together with its recommendations thereon.

(As amended by No. 318 of 1964)

Report to Minister

7. Notification under section three (5) of the Act by the railway company to the
Registrar of Lands and Deeds shall be given in the following manner:

(a) an initial notification in Form 2 in the First Schedule, or as near thereto as
circumstances permit; and

(b) a memorandum in Form 3 in the First Schedule, or as near thereto as
circumstances permit, together with a diagram of the deviation approved by
the Surveyor-General.

(As amended by No. 89 of 1957)

Notification to
Registrar of Lands and
Deeds as to land
affected

8. (1) The initial notification referred to in regulation 7 (a) shall be registered by the
railway company in the Lands and Deeds Registry in the same manner as a deed
affecting land is registered as soon as the Minister shall give his consent to the deviation.

Registration of
notification

(2) The memorandum referred to in regulation 7 (b) shall be registered in the Lands
and Deeds Registry in the same manner as a deed affecting land is registered within six
months from the date of completion of the deviation. A separate memorandum with
diagram attached shall be registered in respect of each deviation.

(As amended by No. 318 of 1964)

9. The Registrar of Lands and Deeds may decline to register any initial notification
which does not sufficiently describe the land to be affected by the deviation. For the
purposes of this regulation, a reference to the number of a surveyed farm or subdivision
thereof or surveyed plot or subdivision thereof or to the number or name of any other
surveyed piece of land to be affected by a deviation shall be a sufficient description.

Description of land
affected

10. The fees prescribed in the Second Schedule shall be paid on presentation of
documents for registration.

Prescribed fees

FIRST SCHEDULE

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(Regulations 2 and 7)

PRESCRIBED FORMS

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FORM 1

THE RAILWAYS (DEVIATIONS) REGULATIONS
NOTICE OF PROPOSED DEVIATION

Take notice that the ................................................................................................................................................................
Railway Company has made application to the Minister for consent to a deviation of the..........................................................
....................................................................................................................................................................................................
Railway from a point ..................................................................................................................................................................
to a point ....................................................................................................................................................................................
The deviation will pass through the following lands:

Farm No. ..................................................................................
Farm No. ............................................................................ etc.

An engineering plan of the deviation may be inspected at the following places:
..........................................................................................................
..........................................................................................................

Any person who wishes to object to the proposed deviation shall on or before the ..................................... day of
.......................................... 19........... send his objection in writing together with the reasons therefor to the Permanent
Secretary, Ministry of Power, Transport and Works.

..........................................................................................
Manager ..........................................................................
............................................................ Railway Company

Date
(As amended by No. 154 of 1965)

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FORM 2

THE RAILWAYS (DEVIATIONS) REGULATIONS

To the Registrar of Lands and Deeds

INITIAL NOTIFICATION OF PROPOSED DEVIATION

Take notice that on the .............................................................. day of ..................................................................
19........... the Minister gave his consent to the deviation on the ........................................................................ section (here
state the nearest station or siding at each end of the proposed deviation) of the .................................................. (here state
name of Railway Company) system whereby the undermentioned pieces of land are affected.

Particulars of Land Affected:

Dated the ....................................... day of ............................................ 19..........
Signature of representative ..................................................................
Name of Railway Company ................................................................
Office or position of representative ......................................................

(As amended by No. 154 of 1965)

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FORM 3

THE RAILWAYS (DEVIATIONS) REGULATIONS

To the Registrar of Lands and Deeds

MEMORANDUM AND DIAGRAM OF COMPLETED DEVIATION

The diagram annexed hereto is a diagram approved by the Surveyor-General of the deviation on the
.............................................................................................................................................................................. section of the
.................................................................................................................................. system specified in the Initial Notification
dated the ......................................... day of .......................................... 19.........

Dated the.......................day of........................19.........
Signature of representative ..................................................................
Name of Railway Company ................................................................
Office or position of representative ......................................................

(As amended by No. 154 of 1965)

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SECOND SCHEDULE

(Regulation 10)

PRESCRIBED FEES

Fee units
Upon registration of initial notification . . . . . . . . . . . . 15
Upon registration of subsequent memorandum and diagram . . . . . . . . 15

(As Amended by Act No. 13 of 1994)

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Endnotes
1 (Popup - Popup)
*See section 89 of the Zambia Railways Act (Cap. 767 of the old edition) which empowers the Minister to amend, modify or
repeal the provisions of this Act.

2 (Popup - Popup)
*The Mining Act referred to was first published as Proclamation No. 5 of 1912.