Rhodesia Railways Act

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE RHODESIA RAILWAYS ACT
CHAPTER 458 OF THE LAWS OF ZAMBIA
CHAPTER 458 THE RHODESIA RAILWAYS ACT
THE RHODESIA RAILWAYS ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Power to construct, equip, complete and work, etc., the line of railway
4. Power to construct telegraphs and telephones
5. Power to enter upon and ascertain nature of land
6. Power to enter upon and hold land for railway purposes
7. Notice before entry and payment of compensation
8. Retrospective authority
9. Exemption of railway works from municipal rates
10. Meaning of "owner"
SCHEDULE -Line of railway

payment of compensation
8. Retrospective authority
9. Exemption of railway works from municipal rates
10. Meaning of "owner"
SCHEDULE -Line of railway

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
CHAPTER 458
*(1)RHODESIA RAILWAYS
An Act to make provision for the construction of a line of railway from a point near
the Victoria Falls to Kalomo; and to provide for matters incidental to or
connected therewith. [28th February, 1992]
*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 of 1922
34 of 1948
25 of 1949
Government Notice
497 of 1964
Statutory Instrument
154 of 1965
1. This Act may be cited as the Rhodesia Railways Act. Short title
2. In this Act, unless the context otherwise requires- Interpretation
"the Company" shall mean and be restricted in its application to the Rhodesia
Railways Limited or its nominees;
"railway", "line of railway" shall mean the railway track or way and the rails and
appurtenances laid thereon. 3.

ia
Railways Limited or its nominees;
"railway", "line of railway" shall mean the railway track or way and the rails and
appurtenances laid thereon. 3.

The Company shall be and is hereby authorised and empowered to construct,
equip, complete, maintain and work a line of railway of one or more tracks of metals and
all necessary junctions and sidings in Zambia from a point near the Victoria Falls on the
Zambezi River to Kalomo, the said points and the course of the said line being as defined
in the Schedule and in the plan referred to in the Schedule. Power to construct,
equip, complete and
work, etc., the line of
railway
4. The Company shall be and is hereby authorised and empowered to construct
and maintain telegraphic or telephonic communication by means of cables, cords or wires
along or adjacent to the railway and for that purpose to enter upon any lands, roads or
streets when such entry is necessary for the construction and maintenance of the
communication hereby authorised and make therein all needful excavations for the
erecting and setting up of posts, cables, cords and wires and for the laying down of lines
of subterranean communication and to erect and set up the necessary posts, cables,
cords and wires.

, cords and wires and for the laying down of lines
of subterranean communication and to erect and set up the necessary posts, cables,
cords and wires.

Every cable, cord or wire of any such line if above the surface crossing
any road or street shall be placed at least 5.5 metres from the ground and so as not to
hinder or obstruct the free use or enjoyment of such road or street further than is
absolutely necessary for the proper construction, establishment and maintenance of any
such communication. Power to construct
telegraphs and
telephones

bsolutely necessary for the proper construction, establishment and maintenance of any
such communication. Power to construct
telegraphs and
telephones

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
5. The Company may by any person thereto authorised in writing enter upon any
land for the purpose of surveying the same and of probing and boring in order to ascertain
the nature of the soil or of setting out the line of railway between the said points. *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. Power to enter upon
and ascertain nature
of land
6. The Company shall have the power to enter upon, take possession of, hold,
retain and use land between the said points of a uniform width throughout of 91.44
metres, save at Livingstone and in the immediate neighbourhood thereof where it shall be
of such width as the Government shall determine, and also such other land as may be
required at any time for junctions, sidings, stations, approaches and any other works. (As amended by S.I. No. 154 of 1965)
Power to enter upon
and hold land for
railway purposes
7.

ons, sidings, stations, approaches and any other works. (As amended by S.I. No. 154 of 1965)
Power to enter upon
and hold land for
railway purposes
7.

Providing always that no land shall be entered upon Notice before entry
and payment of
compensation
or taken without previous notice to the owner thereof or, if the owner be absent from
Zambia or his place of residence be not known, without such previous advertisement of
the notice as may be directed, but the Company shall not be bound or required to pay
compensation in respect of any land so taken which is not included in any township area
except-
(a) in respect of injury or damage to actual improvements existing thereon; and
(b) the compensation if any to which the owner is entitled under his grant from
the British South Africa Company if such grant be existing at the
commencement of this Act. 8. Anything done by the Company which is authorised by the provisions of this Act
but which has been done by the Company before the commencement thereof shall be
deemed to have been done under the authority of this Act. Retrospective
authority
9. All railways and electric telegraphs and all stations, lands, works, properties and
things belonging thereto or held in connection therewith shall be exempt from municipal or
other local rates or taxes now or hereafter to be made or imposed.

belonging thereto or held in connection therewith shall be exempt from municipal or
other local rates or taxes now or hereafter to be made or imposed.

Such exemption shall
not apply to dwelling-houses belonging to any railway company and beneficially occupied
by individuals in their private capacity. Exemption of railway
works from municipal
rates
10. "Owner" shall in this Act have the same meaning as is assigned thereto in "the
Lands and Arbitration Clauses Proclamation, 1922". Meaning of "owner"
SCHEDULE
(Section 3)

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
LINE OF RAILWAY
The line of railway starts from a point on the left bank of the Zambezi River at the eastern end
of the Bridge below the Victoria Falls and proceeds in a northerly direction through the stations or
sidings of Palm Grove, Livingstone, Natebe, Senkobo, Makoli, Zimba, Bowood, Chilesha, to a point at
Kalomo which point is distant approximately 147.2235 kilometres from the point of commencement
as more particularly delineated upon a plan deposited in the office of the Minister.
(As amended by S.I. No. 154 of 1965)

om the point of commencement
as more particularly delineated upon a plan deposited in the office of the Minister.
(As amended by S.I. No. 154 of 1965)

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
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.