Railway Clauses Act 1876 (SA)

ANNO TRICESIMO NON0 ET QUADRAGESIMO

No. 32.

An Act to consolidnfe in one Art certain provi~iwm with regard to

t l ~ s	Cor~strtcction	of	l in i lwys at the public expense.
[Assented to, 20th September, 1876. ]

HEREAS it is in contemplation to seek the authority of' Preamble.

'W Parliament to make, construct, and maintain, at the pullic expense, certain lines of Kailway: And whereas it is expedient

to comprise in one General Act certain provisions with regard to the construction of such .railways, and ar~y other railways which may hereafter be authorized by Parliament to be c&- structed at tlie public expense, and that, as well for the purpose of avoiding the necessity of repeating such provisions in each of the several Acts relating to such undertakings, as for securing greater uniformity in the provisions themselves-Be it therefore knacted by the Governor of the Provincc 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, ns follows:

1. Thia Act may be cited for all purposes as '' The Railways short title.

Clauses Act, 1876."

2. This Act shall apply to every railway which shall by.	Act to apply to a11
rallways conetructad

any Act of this present or any future Session of Parliament be	pdl iu expenre.
authorized to be constructed a t the public expense, and this Act shall be incorporated with such Act and all the clauses and provisions hereof, save so far as they shall be expressly varied or excepted by any Act, shall apply to the railway authorized thereby

" 0 far as the same shall be applicable to such railway, and shall,

A as

2 39" & 40" VICTORIiE, No. 32. - --- -

The Railways Clauses Act.-1 876.

as well as the clauses and provisions of every other Act which shall be incorporated therewith, form part of such Act, and be con- strued together therewith as forming one Act.

Commissioner may 3. The Commissioner of Railways (hereafter cailed thc said

~~;;~~;~;;~;md Commissioner") may, for the purpose of constructing making,

powers, 60. and maintaining any line of railway so authorized to be con-

structed as aforesaid, enter upon, use, and take such lands as shall be, or be deemed rkcessary; and shdl also have and exercise the like powers and authorities as are conferred upon him by 'L The Railway Commissioners Act," No. 11 of 1859, in respect to the under- takings therein mentioned: And the said Cornmissioner shall be deemed to be the " Promoters of the Undertaking " mentioned in

'' The Lands CIauses Consolidation Act," and shall and may have

and exercise all the powers and authoritie:., by such Ordiwrtnce vested in " The Pronioters of the Undertaking;" but the provisions in such Ordinance limiting a time for rhe compulsory purchase or taking of land shall not be applicable to any Act authorizing the construction of any line of railway, as aforesaid, and the said Com- missioner shall be deemed to bt; b' The Company " nlentioned in

The Railways Clauses Consdidation Act," and shall and may have and exercise all the powers and authorities by such Ordi- nance vested in the Company; but nothing in such Ordinnricc con- tained shall be held to limiz or restrict the power to make devia- tions herein contained, or to impose liniits of deviation whether lateral or as to level, and the said Ci>minissloner s l d not be liable to any penalty imposed by either of the said l irdinances; and the said Commissioner shall, with respect to all roads sliown upon the plans and books of reference of any line of railway, have id1 the duties, powers, and privileges of the Cornlnissioacr of Main Roads, under the " Maiu Roads Act, 1874," and any Act hereafter amending the same.

Commibsioner, &C., 3. The said Coinu~issiouer, and all surveyors euiployed by him,

may enter lands to

survey mmc.	a d a11 persow a c t i y mde r the directioi~s of the siud Commis- sioucr or such surveyors, may, fbr the purpose of surveying any line of railway, fbr the lnalrilrg of' which it may he contemplated to obtnir~ Parliamentary sanction, enter ancl reilanin for. a rcason:~ble time upon any land i l l the said Provinc,e, mid my drive am1 leave pegs in: and make and lcavc other surwy warka on, such laud.
Compensation to be	5. Tile owner or occupier of' any land so cnt,ered upon as afore- said s\lall be eutitled to compensation for any cinulage or injury sustained in exercise of the powers conferred by the last preceding clause, and such compensation shall be ascertained in the same manner as compensation is directed to be ascertained under the Lands Clauses Consolidation Act.
made and how
ucertained.
compensation may be

li not exceeding $60 6. If the compensation claimed under the 'last preceding clause

b7 nearmt shall not exceed the sum of Fifty Pounds, the same, at the option

Local.l:?urt of Bull of the said Commissioner, or of the person entitled thereto, may be

Jurudi&lon. assessed

39" & 40" VICTORIB, No. 32.

l 'ne Railways Clauses Act.-1876.

assessed by and befbre the Local Court of Full Jurisdiction nearest the land in respect of which such compensation shall be payable: Provided that each party shall have at least fourteen days' notice in writing of such intended assessment, and may appear by lii~nself or by agent or counsel, and examine and cross-examine witnesses upon the said assessment.

7. No civil or criminal proceeding shall be instituted or proceeded NO action in r e w e t

of any alleged trae-

with against the said Commissioner, or any surveyor employed by pass for survey *Ur-

him, or any person acting under the directions of' the said Con]- poses+

missioner or such surveyo;, in respect of any alleged trespass con-

nected with the making of any surveys connected with railways

authorized to be made or contemplated to be made as zforesaid.

8. If any person shall wilfully, without the written permission of Punishment for pullingup, &C., survey

the said Commissioner, pull up, remova, destroy, or injurc any peg

or other survey mark heretofore or hereafter driven, made, or put

up by or under the direction of the said Commissioner, or of any surveyor employed by him, or of any person acting under the directions of the said Commissioner, or such surveyor, in con- nexion with any line of railway authorized to be constructed, or the construction of which may be contemplated as aforesaid, such person shall for every such offence be liable to forfeit and pay a sum not exceeding Fifty Pounds, at the discretion of the Justices before whom the complaint shall be heard, to be recovered in ih summary way before any two or more Justices of the Peace, or to be imprisoned for n term not exceeding six caleudar months with hard labor, at the discretion of the said Justices,

9. In all or any cases where easier gradients znfty be obtained, Commissioner may rnako daviatinn to be

or where public conveniencc may be better servcd, the said Coin- in

missioner of Kailwiqv may makd such deviations from the line of but no terminu8 t o be	altered.
railway which may f'rorn t h e to time be by any Act ;~uthorized to be constructed as he may deem expedient for obtaining such easier gradients or better serving the public convenience; b ~ t previously to	making any such deviations the said Commissioner shall cause such	deviations to be delineated ia plans and books of reference to be
deposited in the office of thc Surveyor-General, at Adelaide, and signed by the said Comn~issioner and by the Engineer-in-Chief of the said Province for the time heing, and shall also cwse copies of such plans and books of reference to be laid beforc both ilouses of Parliameut for the space of twenty days at least: Provided that nothing herein contained s l d l empower thc said Coumissioner to alter any terminus of any line of railway so authorized to be constructed as aforesaid.

10. The said Commissioner, in the construction of anv line of Comrniusioner may

railway so authorized to be constructed as aforesaid. may carry the cro881q8,

carry railway on level

same on the level across such roads as he may think fit, arld it

shall uot bc incumbent to make the ditches a t level crossi~lgs

required by Act No. 6 of 1858, on any part of the said line of'

railway

39" & 400 VICTORIB, No. 32.

T h e Railwoys Clauses Act.-187 6.

milway which the said Commissioner is not bound to fence;

Commis~ioner may

stop and close roads.	and the said Commissioner may stop and close, either wholly or in part, any road at the point of intersection by any line of rail- way so authorized to be constructed as aforesaid, as he may from time to time deem expedient: Provided that the owners of all lands which shall abut upon any road so stopped or closed shall be entitled to receive full compensation in respect of any loss or damage to be occasioned by such stoppage or closing.
Uommiaeioner may
wnvoy roade stopped	11. When any road shall have been stopped or closed in whole or in part, by virtue of the powers herein given, it shall be lawful for the said Commissioner to convey such roads, so far as the same may be stopped or closed, or any part thereof, to the owner of the land upon sucli road or part of a wad may abut.
or closed.
Commiesioncr not

bound to fence or 1 2. The said Commissioner shall not be bound to fence or to make

nnv conipensation in respect of the fe~rcisg of any of the lines of rail-

make compensation when railway abuta

on Crown lanb.	wily so authorized to be constructed us aforesaid, wllere the same abut upon waste or other lands of the Crown, whether unoccupied, or leased for pastoral, or mining, or otber purposes, or upon any waste or other lands of the Crown which may be granted or leased, after the passing of this Act.
paid by Commi~~ionw
Compensation to be	13. The compensation to be paid by the said Commissioner in respect of any land entereri upon, takeu, br iujuriously affected.for the purposes or in the execution of m y Act authrizing the construc- tion of any line of railway, shall, unless otherwise fixed by agree- ment, be computed in the following nlanner-
for land taken, &c.

I. With respect to land alienated from ihe Crown in fee-simple, and ganted before thc passing of the Act authorizing i h e constructiol~ of the line of milwny, in respect of which such

lands. shall be entered upon, taken, or iilju~iously affected,

the compensation solidation Act" and '' The Railways Clauses Consolidation payable under " The Lands ~ l a u s e s Con-

Act," but not exceeding what would have been payable if

the value of such land had been assessed six months before the entering upon and taking of the said land for the con- struction of the said last-mentioned line of railway:

11. %Vitli respect to land alienated or contracted to be alienated in fee-simple from the Crown, after the passing of the Act authorizing thc construction of the line of railway in respect of which such lands shall be entered upon, taken, or injuriously affected, the same rate per acre as was paid or contracted to be paid wb,en the same was alienated or contracted to be alienated from the Crown, with an addition of Ten Pounds per centum thereon, together with the value of the buildings and inaprovernents, if any, on such lands. The conlpensation in respect of any land which shall be under coutract for sale from the Crown shall be deducted

from

39" & 40" VICTORIB, No. 32.

The Railways Clauses Act.-1876.

from the purchase-money on the completion of the purchase

thereof.

14. In the construction of the twelfth section of '' The Immigration ~amtruction of sec-

Act, 1872," the words "Colonial industry" shall include the railways tion 12 of "The Im-

migration Act, 1872."

which may be so authorized to be constructed as aforesaid, and any other public works authorized, or the funds for the construction whereof may be voted by Parliament; and the provisions of the said section shall apply to the wives and families of emigrants therein mentioned, and the approval thereby required may be given by any immigration agent on the arrival of such emigrants in South Australia, as well as by any Emigration Agent in Europe; and the residence until death or for two years continuously within the said Province by any person or persons under the privileges conferred

by the said section, shall be deemed and is hereby declared to be a

sufficient compliance with the conditions of the seventh section of

the said Act"

15. Land Orders under the powers of section 5 of L' The Im- Issue of Land Orders

migration Act, 187'1," may be issued to any person who may (Imm+tion act,)

under 29 of 1872.

arrive in the said Province, notwithstanding the ship in which auch person may arrive had not, or has not, been approved by any Emigration Agent; and notwithstanding such person has not been approved as suitable by some such Emigration Agent before sailing: Provided always that such ship shall have sailed direct from Europe for thc said Province, and that no such immigrant shall avail himself of the privile5es of this Act if he shall have pre- viously resided in the said Province, nor unless he shall have paid the full costs of passage of himself or of some other person, nor unless such imniigrant shall have been exanhed at Port Adelaide, and approved by the Immigration Officer there as a person suitable for an einigfant within the terms of the regulations in force a t the time such emigrant left Europe.

16. Nothing in this Act contained shall alter, vary, limit, or affect Immigration A C ~, 29

of 1872, not varieR

the provisions of " The Immigration Act, 18'72," so far as regards hmeby.

.

the terms and conditions upon which Land Orders issued under the

said Act or under this Act are held.

17. In all leqal proceediugs the production of a document ur- Production of BY-

porting to be &gned by the Commissioner of Railways, and to e a g Law&

correct copy of any by-law made by him, shall be prima faoie evi- dence that such b j -law has been duly and properly made, and that such by-law is valid and binding for all intents and purposes.

18. The clause numbered CXI. of " The Railways Clauses Repeal of C l m e CXI. of '' The Railways

Consolidation Act" shall be and the same is hereby repealed.

Clauaen Consoiidation

Act,"

In the name and on behalf of Her Majesty, I hereby

assent to this Bill.

A. MUSGRAVE, Governor.

p--

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Adelaide : By authority, W. C. Cox, Government Printer, North-torraoe,

B