RAILWAYS (DEVIATIONS) ACT: INDEX TO SUBSIDIARY LEGISLATION

Railways (Deviations) Regulations

RAILWAYS (DEVIATIONS) REGULATIONS

[Section 10]

Arrangement of Regulations

Regulation

1. Title

2. Notice of proposed deviation

3. Lodging of objections

4. Constitution of Board to consider objections

5. Hearing of objections

6. Report to Minister

7. Notification to Registrar of Lands and Deeds as to land affected

8. Registration of notification

9. Description of land affected

10. Prescribed fees

FIRST SCHEDULE

SECOND SCHEDULE

Act 13 of 1994,

GN [sic] of 1935,

GN 89 of 1957,

GN 318 of 1964,

GN 497 of 1964,

SI 154 of 1965.

[Regulations by the Minister]

1. Title

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

2. Notice of proposed deviation

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.

[Am by GN 318 of 1964.]

3. Lodging of objections

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.

[Am by GN 318 of 1964; SI 154 of 1965.]

4. Constitution of Board to consider objections

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.

[Am by GN 318 of 1964.]

5. Hearing of objections

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.

6. Report to Minister

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

[Am by GN 318 of 1964.]

7. Notification to Registrar of Lands and Deeds as to land affected

Notification under section 3(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.

[Am by GN 89 of 1957]

8. Registration of notification

(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.

(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.

[Am by GN 318 of 1964.]

9. Description of land affected

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.

10. Prescribed fees

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

FIRST SCHEDULE

[Regulations 2 and 7]

PRESCRIBED FORMS

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 …………………….

[Am by SI 154 of 1965.]

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 ……………………………. 20…..

Signature of representative……………………………………..

Name of Railway Company…………………………………….

Office or position of representative…………………………..

[Am by SI 154 of 1965.]

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 …………………………………… 20…

Dated the………………….. day of ……………………20…

Signature of representative……………………………………..

Name of Railway Company…………………………………….

Office or position of representative…………………………..

[Am by SI 154 of 1965.]

SECOND SCHEDULE

[Regulation 10]

PRESCRIBED FEES

Fee units

Upon registration of initial notification

Upon registration of subsequent memorandum and diagram

[Am by Act 13 of 1994.]