The Short Title of this Act is “The Public Works Acts Amendment Act, 1893.”

In this Act, if not inconsistent with the context,—

The following provisions shall apply and extend to every Railway authority:—

Where a Railway authority has heretofore constructed, or may hereafter construct, a railway upon or across a road upon the same level, it shall be lawful for such authority to use such road for the purposes of the railway, and to continue to carry on and conduct the working and management of such railway in every respect upon or across such road; but, except as provided in the next succeeding subsection, such road shall not be wholly closed, and a public right of way for all purposes across such road or a portion thereof, sufficient to permit the passage of all persons, with or without animals or vehicles, shall continue to subsist thereon, subject, however, to the exercise by the railway authority of all necessary powers for the working and management of the railway as aforesaid, and also subject to the provisions of section one hundred and thirty-two of “The Public Works Act, 1882.”

Where a Railway authority has heretofore constructed a railway upon or across a road, on the same level, and has wholly closed such road or any part thereof by the erection of permanent buildings thereon, every such road or part of a road shall be and be deemed to have been lawfully closed, used, or occupied as the case may be, notwithstanding that all the provisions of the Acts relating to public works have not been complied with; and the public right of way over such road or part of a road so closed shall be deemed to have wholly ceased, and the Railway authority may continue to use and occupy the land formerly occupied by such road or part of a road, and to carry on and conduct the working and management of such railway in every respect upon such land.

If any person being the owner or occupier of any land adjacent to the road or part of a road so wholly closed shall be injuriously affected by reason of the closing thereof, he shall be entitled to compensation, to be ascertained under the provisions of Part III. of “The Public Works Act, 1882.”

No person not being the owner or occupier of any such adjacent land shall have any claim for compensation or any right of action or remedy in respect of any road or part of a road so wholly closed, used, and occupied if reasonable and sufficient access to the nearest public road crossing over such railway is or shall, under the powers herein contained, be afforded by some other public road, whether such last-mentioned road has been provided or constructed by the Railway authority or otherwise; and, if any question shall arise as to whether the access afforded to the public is reasonable and sufficient, the same shall be determined in such manner as shall be agreed upon between the local authority having the control of roads in the district and the Railway authority, and every such agreement may be carried into effect by the authority concerned, and shall be conclusive as to the rights or claims of all persons then or thereafter affected.

In the event of no agreement being come to, the local authority shall be entitled to have its claim for compensation ascertained and determined under the provisions of Part III. of “The Public Works Act, 1882.”

Except as specially provided in this Act, nothing herein shall be deemed to extend any limitation of time prescribed by “The Public Works Act, 1882,” or its amendments, or to revive any claim thereunder, or to control or interfere with any power, authority, or liability conferred or imposed by the said Acts upon any Railway authority, or by or under any Act with which the said Acts are incorporated.