PORT AUGUSTA TO WHYALLA RAILWAY ACT 1970
- Updated as at 16 December 1996 (#DATE 16:12:1996)
*1* The Port Augusta to Whyalla Railway Act 1970 as shown in this reprint comprises Act No. 23, 1970 amended as indicated in the Tables below. Table of Acts Act Date of Date of Application, Number Assent commencement saving or and year transitional provisions Port Augusta to Whyalla Railway Act 1970 23, 1970 17 June 1970 17 June 1970 Statute Law Revision Act 1996 43, 1996 25 Oct 1996 Schedule 5 (item 120): Royal Assent (a) - (a) The Port Augusta to Whyalla Railway Act 1970 was amended by Schedule 5 (item 120) only of the Statute Law Revision Act 1996, subsection 2 (1) of which provides as follows: "(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent." Table of Amendments ad.= added or inserted am.= amended rep.= repealed rs.= repealed and substituted Provisions affected How affected S. 8 am. No. 43, 1996 PORT AUGUSTA TO WHYALLA RAILWAY ACT 1970 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Consent of State
4. Interpretation
5. Approval of Agreement
6. Construction of Railway
7. Cost of Railway
8. Appointment of officers, &c.
9. Acquisition of land for purposes of Railway
THE SCHEDULE
Agreement dated 26 February 1970
PORT AUGUSTA TO WHYALLA RAILWAY ACT 1970 - LONG TITLE
SECT
An Act to provide for the construction of a Railway from Port Augusta to
Whyalla in the State of South Australia, and for purposes connected therewith
PORT AUGUSTA TO WHYALLA RAILWAY ACT 1970 - SECT 1
Short title
SECT
1. This Act may be cited as the Port Augusta to Whyalla Railway Act 1970.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
PORT AUGUSTA TO WHYALLA RAILWAY ACT 1970 - SECT 2 Commencement
SECT
2. Subject to the next succeeding section, this Act shall come into
operation on the day on which it receives the Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
PORT AUGUSTA TO WHYALLA RAILWAY ACT 1970 - SECT 3 Consent of State
SECT
3. Sections 6, 7, 8 and 9 of this Act do not have effect unless the consent
of the State of South Australia to the construction of the Railway has been
given by the Parliament of that State.
PORT AUGUSTA TO WHYALLA RAILWAY ACT 1970 - SECT 4 Interpretation
SECT
4. In this Act, unless the contrary intention appears-
"the Agreement" means the agreement referred to in the next succeeding
section;
"the Commissioner" has the same meaning as in the Commonwealth Railways
Act;
"the Commonwealth Railways Act" means the Commonwealth Railways Act
1917-1968;*2*
"the Railway" means the railway to which the Agreement relates.
*2* S. 4, definition of "the Commonwealth Railways Act"-Immediately before its
repeal by the Australian National Railways Commission (Transitional Provisions
and Consequential Amendments) Act 1983 (No. 141, 1983) the citation of the
Commonwealth Railways Act 1917 was the Australian National Railways Act 1917.
PORT AUGUSTA TO WHYALLA RAILWAY ACT 1970 - SECT 5 Approval of Agreement
SECT
5. The agreement a copy of which is set out in the Schedule to this Act is
approved.
PORT AUGUSTA TO WHYALLA RAILWAY ACT 1970 - SECT 6 Construction of Railway
SECT
6. The Commissioner shall, subject to this Act and to the Commonwealth
Railways Act, construct the Railway in accordance with the Agreement.
PORT AUGUSTA TO WHYALLA RAILWAY ACT 1970 - SECT 7 Cost of Railway
SECT
7. The cost of the Railway (not including the cost of rolling stock for the
Railway) shall not exceed Seven million dollars.
PORT AUGUSTA TO WHYALLA RAILWAY ACT 1970 - SECT 8 Appointment of officers, &c.
SECT
8. Notwithstanding anything contained in the Commonwealth Railways Act, the
Commissioner may appoint or employ such persons as he or she thinks necessary
for the purposes of the construction of the Railway or the working of the Railway
before it has been declared open for traffic, and may pay to persons so
appointed or employed such salaries or wages as he or she thinks fit.
PORT AUGUSTA TO WHYALLA RAILWAY ACT 1970 - SECT 9 Acquisition of land for
purposes of Railway
SECT
9. The provisions of section 63 of the Commonwealth Railways Act apply in
relation to the acquisition of land for the purposes of the Railway.
PORT AUGUSTA TO WHYALLA RAILWAY ACT 1970 - SCHEDULE
SCH
THE SCHEDULE
Section
5
AGREEMENT made the twenty-sixth day of February One thousand nine hundred
and
seventy between THE COMMONWEALTH OF AUSTRALIA (in this agreement called
'the
Commonwealth') of the one part and THE STATE OF SOUTH AUSTRALIA (in this
agreement called 'the State') of the other part.
WHEREAS it is desirable that a 4 feet 81/2 inch gauge railway be
constructed
between Port Augusta and Whyalla, both in South Australia:
AND WHEREAS the State has requested the Commonwealth to undertake the
construction and operation of that railway:
NOW IT IS HEREBY AGREED as follows:
1. This agreement shall have no force or effect and shall not be binding
upon
either party until it has been approved by the Parliament of the Commonwealth
and the Parliament of the State and the consent of the State for the
construction of the railway has been given by the Parliament of the State.
2. The Commonwealth will at its own expense construct in South Australia a
4
feet 81/2 inch gauge railway between Port Augusta and Whyalla (in this
agreement called 'the railway') which shall be maintained and operated by the
Commonwealth Railways Commissioner as part of the Commonwealth Railways.
3. The route of the railway will be as set out in the first schedule to
this
agreement but the Commonwealth may with the consent of the Minister of Roads
and
Transport of the State make such deviations, not exceeding one and a half
miles
on either side of that route, as may be necessary or desirable for the better
construction and operation of the railway.
4. (1) The Commonwealth will at its own expense erect along every boundary
of
the land over which the route of the railway lies a substantial fire
resistant
fence capable of preventing cattle, horses and sheep from entering within the
said boundaries of the said land but shall not be liable to maintain or
reconstruct any such fence.
(2) (a) The Commonwealth will at its own expense provide and construct all
necessary works, traffic control devices and other things to carry the
railway
under, over or across any road across which any part of the route of the
railway
passes.
(b) Such works and traffic control devices shall be constructed in
accordance
with the requirements of and to standards approved by the Minister of Roads
and
Transport of the State.
(c) In the event of the Minister of Roads and Transport of the State making
any requirements which the Commonwealth considers unreasonable or not
approving
the standards of any such works, traffic control devices or other things, the
matter may be submitted to two arbitrators one to be appointed by each party
for
arbitration in accordance with the provisions of the Arbitration Act,
1894-1934 of the State.
(3) The Commonwealth will at its own expense maintain and keep in repair
all
works (being structures) and traffic control devices constructed or erected
under the provisions of sub-clause (2) of this clause to the same
requirements
and standards as were made and approved under the provisions of sub-clause
(2)
of this clause.
5. (1) The State will grant to the Commonwealth free of charge-
(a) any Crown lands and any leased lands of the Crown in respect of which
the
Commonwealth shall have acquired the rights of the lessees; and
(b) any stone, soil and gravel in or on any Crown lands or any leased
lands
of the Crown from which the State has a right to take the same,
certified by the Commonwealth Railways Commissioner to be required by the
Commonwealth for or in connexion with construction, maintenance or operation
of
the railway.
(2) For the purposes of this clause 'Crown lands' has the same meaning as
in
the Crown Lands Act, 1929-1969 of the State.
6. The State will ensure that adequate land is reserved for a possible
future
extension of the railway along the route set out in the second schedule to
this
agreement.
THE FIRST SCHEDULE
The route of the railway begins at a point on the existing Port Augusta to
Kalgoorlie railway 70 chains from the Port Augusta railway station. Thence it
proceeds parallel to and adjacent to that railway for 1 mile 15 chains.
Thence
it proceeds except for curves at changes of direction along lines bearing 333
degrees 3 minutes for 59 chains 286 degrees 39 minutes for 56 chains crossing
Spencer Gulf at the northern end of Flinders Red Cliff 228 degrees 9 minutes
for
6 miles 72 chains crossing the Stuart Highway 222 degrees 6 minutes for 1
mile
63 chains 188 degrees 18 minutes for 52 chains 211 degrees 36 minutes for 1
mile
11 chains 188 degrees 15 minutes for 1 mile 19 chains crossing the Port
Augusta
to Whyalla Road and thence on the eastern side of and adjacent to that Road to
a
terminal station yard at Whyalla between that Road and the Broken Hill
Proprietary Company Limited steel works along lines bearing 229 degrees 16
minutes for 6 miles 34 chains 201 degrees 34 minutes for 4 miles 7 chains 189
degrees 25 minutes for 1 mile 79 chains 144 degrees 15 minutes for 76 chains
163
degrees 48 minutes for 3 miles 50 chains 168 degrees 47 minutes for 13 miles
72
chains and 198 degrees 15 minutes for 1 mile 52 chains. The overall route
mileage is 46 miles 62 chains.
THE SECOND SCHEDULE
The route along which land is to be reserved for a possible future
extension
of the railway crosses the Port Augusta to Whyalla Road at a point
approximately
85 chains north along that Road from its intersection with Steelworks Road
and
proceeds thence south-westerly across Section 26 Hundred of Cultana County of
York and across the Iron Knob Tramway at a point approximately 76 chains
north-west along that Tramway from its intersection with Steelworks Road and
thence north-westerly for approximately 270 chains parallel to and not
further
than 180 feet from the centre line of that Tramway.
In witness whereof this agreement has been executed as at the day and year
first above written.
SIGNED on behalf of THE COMMONWEALTH OF
AUSTRALIA by the Right Honourable JOHN GREY
GORTON, the Prime Minister of the
Commonwealth, in the presence of- J. G. GORTON
C. L. HEWITT
SIGNED on behalf of THE STATE OF SOUTH
AUSTRALIA by the Honourable RAYMOND STEELE
HALL the Premier of the State, in the
presence of- STEELE HALL
J. S. WHITE
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