Lands Clauses Consolidation Amendment Act 1881 (SA)

ANNO QUADRAGESIMO QUARTO ET QUADRAGESIMO

QUTNTO

A.D. 1881.

No. 202,

An Act to amend "The Lands Clauses Consolidation Act,"

and for other purposes.

[Asseded to, Sejtembev r8th, 1881.1

HEREAS it is expedient to amend " The Lands Clauses Con- Preamble.

W solidation Act" and to extend the powers and provisions	thereof-Be it therefore Enacted by the Governor of the Province
of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

Consolidation Act," or "The Railways Clauses Consolidation Act," or

PRELIMINARY.

l, This Act may be cited for all purposes as the '' Lands	incorpomtion.
Short Title and

Clauses Consol idation Amendment Act, 188 1 ," and this Act and "The Lands Clauses Consolidation Act " shall be read, incorporated, and construed as one Act.

2, This Act and the provisions thereof shall apply to every	Bet to apply to every
undertaking.

undertaking heretofore authorised or hereafter to be authorised by

any Act.

3. Section 13 of	The Railways Clauses Act, 1876," is hereby	of "Tho Railways
R e p d of section 13

repealed, save as to any right to compensation acquired thereunder	Clause8 Act, 1876."
at the date of tkie passing of this Act.

4, In sa far as any word or expression used in this Act	Interpretation of
certain .words or

has any special meaning assigned to it by "The Lands Clauses expreaalonsi

40" & 45" VICTORIW, No. 202.

L a d s C l a w s Comolida;tz'rm Amendment Act.-1881.

or any Act amending or incorporating the aforesaid Acts, each such word or expression shall in this Act have the meaning so assigned to

he word "hndeW i t; and the word '"lands," used in tllc said Acts, shdl, in addition

to include Btisements.	to the meaning ascribed thereto in the said Acts, extend to and. in- clude any casements, rights, or privileges in, under, over, or affect-
ing m y lands.
HEARING OF CASES OF COMPENSATION UNDER 'THE

LANDS CLAUSES CONSOLIDATION ACT.

Power 'or pmmote*

or claimant to apply 5* Whenever, in the case of any lands purchnsscl or taken

J U ~ P. ~ the otherwise than by agreement for the purpose of any undertaking,

supmEe Court fur m any question of	conipensation in respect thereof, or any question of
order for the trial of

cornpenaation cases compensation in respect of lands injuriously affected by the execution

"' hdB

of the works, is under the provisions of 'cThc i m d s Clauses Con- solidation Act " to be settled by the verdict of EL jury or by arbitration, as in the said Act meutioned, the proniotcrs of the undertaking or the parties claiming compensation may, at any time before the issuing by the promoters of the undertaking to the Sheriff of their wantatit, us by the said Acts provided, or the appointment by the promoters of the undertaking of their nrbitmtor, ns by the said Acts directed, apply by summons to a Judgc of' the Supreme Court, who shall, if he think fit, make an order for trial of the question between the party claiming compensation and the pro- moters of the undertaking, in the Supreme Court, in such one of

Clausea Consolidation

A C ~.

the modes of trial prescribed by the Suprerne Court Act, 1878,

and upon such terms and in such manner as to him shall seem fit, and the mode of trial so ordered shall be in lieu of', and in sub- stitution for, any other mode of settling such questions.

Ilrsue to bemnde up,	6, MThenever a Juage of thc Supreme Court shall, under the preceding section, order any question of compensation to be tried befoie the mid Court, the question betwrm the party claiming	compeusntion and thc promotcrs of the uiiclcrtahing shall be stated	in an issue to be settled, in case of diff'crcncc, by the Judge.
Issue lo be wt clam	7, The issue mhcn made up unclcr tl-W preceding section shall trial, and shall be tried in the mode directed by the Judge, at the next Civil Sittings of the Supreme Comt to takc place after the expiration of fourteen days from the entry of such issue, or at such other time as the Judge may direct.
and tried.	be entered at the Supreme Court with the Master thereof for
Proceedings.	8, The proceedings in respect of such issue, and the verdict and judgment thereon? shall be under and subjcct to the control and jurisdiction of the Supreme Court as in crdinary actions therein; but so, nevertheless, that in all cases where the issuc relates to the value of the lands to be purchased and also to compensation clain~ed
fur injury done or to bc (lone to 1:lricls held tliercwith, the verdict
shnll be delivered separately in ma~mer provided by the fortyninth
section of The Lands Clauses Consolidation Act. ' 9, The

40" & 45" VICTORIAZ, No. 202.

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Lands Clauses Consolidation Amendment Act.- 188 l.

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any such issue may be cmforced by subpma ismeit out of and 9. The attendance of witnesses to give evidence on the trial of z","zz*bhm

under the scal of thc Supreme Court as in ordinary actions; and in any such issue the party claiming compensation shall be deemed to be the plaintiff, and the promoters of the undertaking, Righta and pripilegw

the defendants, and shall be so described in all proceedings, and each party shall have a11 the rights and privileges of a plaintiff or defendant respectively as in the case of an ordinary action tried

under the provisions of the " Supreme Court Act, 1878."

10. The verdict and jodgment upon any issue tried under the F'Bn: ; , : $ a

provisions of this Act s h d, as regards costs and every other matter the court.

incident to or consequent there06 have the same opektion and be entitled to the same effect as if that verdict and judgment had been the vcrdict of a jury and the judgment of a Judge, Commissioner, or Sheriff upon an inquiry conducted upon a warrant to the Sheriff issued by the promoters of the undertaking under The Lands Clauses Consolidation Act,"

order for

11. Whenever the promoters of the undertaking arc called upon trisl to be satisfaction

or liable under the provisions of The Lands Clauses Consolidation of duty of

Act" to issue their warrant to the Sheriff in cast of any disputed the issuing of the warrant and appoint-

compensation, and the promoters shall obtain a Judge's order under	of =bitrator.
section 5 of this Act, the obtaining of such order and notice thereof to the opposite party shall be a satisf'action of the pro- moters' duty in respect of the issue of the warrant and in respect of the appointment of an arbitrator.

COSTS OF ARBITRATIONS.

12. JVhenever, u n d e ~ " The L a d s Clauses Consolidation Act," or C m of a r b i h t i ~,

where either party m

any -4ct incorporating the same, any question of disputed cornpen- ,ke,

sation is determined by arhitmtion, the costs of arid incidental to u r o f t h e

the arbitration and award shall, if either party so requires, be taxed	Supreme Court.
and settled as between the parties by the Master of the Supreme Court; and such fees may be taken in respect of taxation as may be fixed in pursuance of the enactments relating to the fees to be demanded and taken in the office of the Supreme Court.

VALUATION OF LANDS REQUIRED FOR

UNDERTAKINGS.

13. In determining or assessing the amount of compensation Baskof-corn- peneation for landg

under ' c The Lands Clauses Consolidation Act," to be paid by the

and for

promoters of any undertaking for lands taken by them for the pur- anw.

poses of such undertaking and for severance (if my), regard shall

be h d only to tho value of such lands twelve months prior to the

passing of the special Act authorising the corryiug out of the under-

t a h g ; or if there shall be no such special Act, then to the value

of

40" & 45" VICTORIW, No. 202.

of such lands twelve months prior to the giving by the promoters of the undertaking of a notice of their intention to take such lands

for the purposes of the undertaking, together with, in either case, the actual value of any improvements bond j d e made during the said period of twelve months. Should such promoters fail to take pos~ession or pay the compensation for twelve months after the pass-

ing of the special Act or the giving of the noticc, then the promoters

shall pay to the person entitled to such compensation interest at the

rate of Five Pounds per ccntum per annum until payment of such

compensation.

14.. The compensation payable by the promoters of any under-

taking for or in respect' of lands held under agreement for purchase

upon credit from the Crown shall be paid to the Commissioner of

Crown Lands on account of the money owing to the Crown on such agreement, and shall be accounted for accordingly.

ACCOMMODATION WORKS.

A c ~ ~ m m * ~ w = ~ 15, In every case in which the promoters of any undertaking are

LtBIIme&d	liable to make any works for the accommodation of the owners or
for-pen~ah-	occupiers of laads adjoining a railway or other undertaking, the
kind or number of such accommodation works and the dimensions or
suBcieney thereof shall be determined before the hearing of any claim for compensation against such promoters for or in respect of lands of which the persons so entitled to accommodation works are the owners or occupiers. If any such person neglects to have the question of his claim for accommodation works determined as herein- before directed, he shall have no further right to compel the pro- moters of the undertaking to make such accommodation works.

MISCELLANEOUS.

Comp-powerta	I$, Notwithstanding anything uontainedin"TheLandsC1auses
t a b tands for public

,d&e,,b	Consolidation Act," or any other Act, the powers of acquiring lands
exercised without	compulsorily for the purposes of any undertaking, authorised or to
limitas totime.
be hereafter authorised by any Act of Parliament, and for carrying out which moneys shall have been or may be voted by Parliament, may be exercised without limit as to time.

In the name and on behalf of Her Majesty, 1 hereby assent to

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

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AdelLide : Ily authority, Ji. Brwm, (2ovemment Printer, North-tcrratu.