The Brinkworth to Port Broughton Railway Act 1910 (SA)

GEORGII V REGIS.

A.D. 1910.

No. 1015.

An Act to provide for the Construction of a Railway from Brinkworth to Mundoora and the Re-construction of the Existing Railway from Mundoora to Port Broughton, and for other purposes.

[Assented to, December 7tk, rpm.]

X i t Enacted by the Governor of the State of South Australia,

f ollo\lrs: B with the advice and consent of the Parliament thereof, as

1, This Act may be cited as The Brinkworth to Port Broughton snort title.

Railway Act, 1910."

A-101 6

2, The District Councils Act and the Acts mentioned in the Incorpo~~tion with

First Schedule, so far as the same arc sererally applicable, are OtherActt". incorporatcd with this Act.

3, In this Act, except where the subject-matter, or context, or Interpretation. l

any other provision of this Act requires a different construction-

" Commissioner" means the South Australian Railways Com-

miasioner:

'' Cost of the railway" means and includes-

I. The cost of constructing the new railway and all works

and conveniences connected therewith;

11. The cost of converting the existing railway into a railway suitable for steam locomotive traction, the cost of all such alterations in the works and conveniences connected with the existing railway before conversion as are made for the purpose of working the existing railway by steam

locomotion

1' GEOKGII V, No. 1015.

The Brinkworth to Port Broyhton Railway Act.--1910.

locomotion, and the cost of all such other works and conveniences connected with the existing railway, before or after conversion, as are constructed after the passing of this Act for the purposes of the railway;

I 1 1. The cost of all other works ant1 conveniences constructed

after the passing of this Act for the purposes of the

railway;

rv. The cost of purchasing or otherwise acquiring the land re- quired for the undertaking provisionally authorised by this Act, and of compensating gusons interested in such land or injuriously affected by the carrying out of the undertaking;

v. The cost of the additional rolling-stock which the Com- missioner estimates will be required for working the railway;

vr. The difference between-

( a ) The value, as estimated by the Cornmissioner, of the materials of which the existing railway is con- structed, the works and conveniences connected therewith, and any lands, houses, buildings and other property of any kind used in connection therewith, for the purposes of the existing rail- way before conversion; and

( b ) The value, as estimated by the Commissioner, of the

said materials, works and conveniences, Iands, houses, buildings, and other property, for any

a other purposes (if any) for which they can be

used, whether in or in connection with the rail-

way or otherwise; and

V I I. All other expenses of carrying out the undertaking pro-

visionally authorised by this Act or incidental to the above-mentioned items respectively numbered rv., and v., or any of them: L, I I., I I I. ,

" Council " means a District Council whose district, or part of whose district, is included in the Railway District:

'' District " means the district under the jurisdiction of a District

Council:

" Gazette " shall mean The South Australian Government Gazette :

Ratepayer " means a ratepayer within the meaning of the District Councils Act:

The District Councils Act " means " The District Councils Act,

1887," and all Acts amending that Act, or any Act substituted

NO. 419 of 1887.

for that Act, and all Acts amending such substituted Act:

The existing railway" means the railway from Mundoora to Port Rroughton existing at the time of the passing of this Act, and known as the Port Broughton and Mundoora Tramway: 'G The

1" GEORGII V, No. 1015. --

The Brinkworth to Port Broughton Railway Act.--1910.

" The new railway" means the l~ailrnay from Brinkworth to

Mundoora constructed or to be constructed in pursuance of section 4 of this Act:

The railway " means and includes the new railway and the railway formed by the conversion of the existing railway in pursuance of this Act:

" The Railway District " means the Railway District constituted

by this Act:

'' The undertaking provisionally authorised by this Act " or " the undertaking " means and includes all the matters and things which, subject to the provisions of this Act, are authorised

by section 4:

Year " means a period of twelve months ending on the thirtieth

day of June.

4, Subject to the provisions hereafter in this Act contained, the Power to oonstruot	the
convemion railway, of including

(20mmissioner may-

existing d r a y.

I. Construct a railway from Brinkworth to Mundoora, as the said railway is delineated in the plan deposited in the office of the Surveyor-General, in Adelaide, signed

Walter Itutt, Chief Engineer for Railways," and dated the fourteenth day of October, one thousand nine hundred and ten, or as the said railway is delineated in any plans so deposited after the passing of this Act pur- suant to any law for the time being in force as to the deposit of such plans;

1 1. Convert the railway from Mundoora to Port Broughton,

existing at the time of the passing of this Act, into a rail- way suitable for steam locomotive traction, so that it and

things as may be necessary for convenient or carrying out	the railway mentioned in subdivision I. hereof may form and be used as a continuous railway, and do ali such
such conversion, and make all such alterations in any works and converiiences connected with the existing rail- way as may be necessary or convenient so that the same.
may be used for steam locomotive traction;

I I I. Construct all proper works and conveniences connected with,

or for the purposes of, the railway or any part thereof, or

of the railway and any other railway; and

IV. Maintain the railway and all works and conveniences here-

inbefore mentioned:

Provided that in case the Houses of Parliament are not sitting when any plans and books of reference are deposited in the office of the

Surveyor-General under section 9 of The Railway Clauses Act, No. 32 of 1876.

1876," the Commissioner may make deviations under the said section before cauaing copies of the plans and books of reference to be laid before Parliament, but such copies shall be laid before both Houses

of

I" GEORGII V, No. 1015.

The Brinkworth to Port Broughon Railway Act.-1910.

of Parliament within fourteen days after the next sitting~	of such
Houses respectively.

Tcndera. 5. (1) The Commissioner shall call for tenders for the construc-

tion of the new railway, to be sent in within such time, to such place, and to be upon and subject to such terms, conditions, and provisions as he deems advisable, and may accept or reject any tender. .

(2) The Commissioner may construct the new railway although no tender for the construction thereof has been accepted.

(3) The conversion of the existing railway, and all things con-

nected with or incidental to such conversion, may be carried out by

the Commissioner without calling for tenders.

Gauge, &C. 6, The gauge of the railway shall be three feet six inches, and

the rails to be used in the construction thereof shall be of iron or

steel, and of the weight of not less than forty pounds to the yard.

Power to diepoae of 7, Notwithstanding the provisions of any Act incorporated with

properties of existing

railway net required this Act, the Commissioner may, at any time during or after the

for the railway. conversion of the existing railway in pursuance of this Act, sell by public auction or private contract and transfer or convey, or may let or grant licences in respect of, any lands, houses, buildings, and other property of any kind used in connection with the existing railway before such conversion which, in his opinion, are not required or are not suitable for the purposes of the railway; and may sell or otherwise dispose of, or use for such purposes as he deems proper, any materials or things of which the existing railway is constructed or which are used in connection therewith, and which, in his opinion, are not required or are not suitable for the railway or for use in connection therewith.

Fares, tolle, and 8. The C'omniissioner may demand for the use of the railway,

chargee.	and in respect thereof, and for the carriage of goods, stock, minerals, mails, parcels, and passengers thereon, and for the loading and unloading of goods, minerals, mails, and stock, such fares, tolls, charges, and rates as are from time to time fixed by the Commis- sioner, in manner prescribed by any Act or Acts under which the Commissioner may fix fares, tolls, charges, and rates in respect of the railways under his control.
Appropriation of	Q, Subject to the provisions of this Act, all fares, tolls, rents, dues, charges, rates, and sums of money which are received and levied und& authority of this Act shall be paid, in such manner as is prescribed by the Governor, to the Treasurer of the said State for the public purposes of the said State.
fares, tolls, &c.

Constitution of "The	10. The lands situated within the area defined in the plan in the
Po*Bm6ht0n

M w a y Dietrict."	Fifth Schedule and enclosed by the outer edge of the blue line shown on such plan, are hereby constituted a Railway District for the purposes of this Act, and shall be called " The Port Broughton
Railway District." 11. Within

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The Brinkworth to Port Broughton Railway Ad.-1910.

11. Within three months from the passing of this Act the Questionr to be

question whether the undertaking provisionslly authorised by this Act shall be carried out shall he submitted by each Council to a poll of the ratepayers who are assessed in respect of such of the land included within the Railway I Iistrict as is situated within the district of such Council: Provided that any poll in pursuance of this section shall be valid although taken after the expiration of the said three months.

12. (1) Every p011 of ratepayers under this Act shall be taken by Provisions for ~ m l l.

ballot, and the following provisions shall be observed in respect of

each poll :-

I. The Couilcil shall appoint a Returning Officer for the purpose Beturning Ofieer.

of the poll, who shall, nuttatis matandis, have all the powers conferred hy the District Councils Act, and all the powers

conferred by "'l'he Ballot Act, 1862," and any Act amend- No. 13 of 186%

ing that Act, on a Returning Officer in case of an election, and shall preside at the taklng of the poll: Provided that he may appoint deputies to preside at the polling-places where he does not preside personally:

1 1. 'l'he Council shall appoint a polling-place in the district for Polling-places.

such poll, and where the district is divided into wards shall appoint a polling-place in each ward which is in- cluded, or part of which is iilcluded, in the Ruilway District:

I I 1. The Council shall, not less than twenty -eight days before Notice of poll.

the day fixed for the poll, cause a notice stating-

(a) The day fixed for the poll;

( b ) 'l'he polling-place appointed for the district, or the

polling-places appointed fbr the several wards;

( c ) The name and address of' the Returning Offlcer; and

( ( I ) The hours of polling,

to be inserted in a t least two newspapers circulating in the district, and to be given in such (if any) other ways as the Council deems expedient:

TV. The Returrhg Officer, if it appears to him expedient, may polling-bootbe.

cause booths to be erected, or rooms to be hired and used as booths for the purpos-. of the poll, at the several polling- places in the district; and the same shall have such separate ~ o t i n g compartments as the Returning Officer deems most convenient, constt.uctec1 so as to screen the voters from observation while they mark their voting- papers:

V. The Returning Officer, before the day fixed for taking the List of ratepayers.

poll, shall cause to be furnished for use at the polling-place a copy of the ssfiessment-book of thc Council, or, if the

distric b

I' GEORGII V, No. 1015.

The Brinkworth to Port Broughton Railway Act.-1 91 0.

district is divided into wards, shall cause to be furnished for use at the polling-place in each ward in which the poll is to be taken, a copy of such portion of the aasessment- book as relates to land within the ward; and in such copy he shall indicate what ratepayers are entitled to vote at the polling-place for which it is furnished, and the number of votes to which each ~atcpayer is entitled; and he shall certify each such copy as correctly indicating the ratepayers who are entitled to vote a t the polling-place and the number of votes to which they are respectively entitled, and shall sign such certificatc. Such copy of the assessment-book or any ~ u c h copy of portion thereof need not contain any matter relating only to rates:

Hours of polling. VI. The takinp of the poll shall commence at eight o'clock in the fore~ioon, and shall continue open until all the voters present in the polling-booth at seven o'cloclr in the after- noon have had an opportunity of' voting, and shall then close; in any dispute as to time the decision of the Return-

ing Officer or his deputy shall be final:

Scrutineers.	vir. In respect of each polling-place, two scrutirleers to be present at the voting thereat, shall be appointed by the Council:
Who entitled to vote.	V I I I. The ratepayers entitled to vote are those whose names appear in the assessment-book in respect of such of the land included within the Railway District as is situated within the district:
'Exercim of voting
power by body cor-	IX. In case any ratable property which is included within the

porato.	Railway District and situated within the district is held
Cf. M.C.	by a body corporate as a ratepayer, such body colprate
Amendment Act,	may, by writing delivered to the Returning Officer not
S33 of 1903, a. 32.	later than the seventh clay before the day fixed for the

poll, nominate a person to vote at the poll on behalf of

such body corporate. Such person shall, for the purposes

of the poll, be regarded as a ratepayer instead of such body corporate, and his name shall accorclingly be entered upon the copy of the assessnlent book, cx of portion thereof furnished for use a t the poll, and he shall, not- withstanding anything in this section, hare the same rights of' voting as such body corporate would have if it were a natural person, in addition to any rights which he may have on his own behalf. Except by the means pro- vided by this paragraph no body corporate shall have any right to rote a t the poll.

Xumber of vot es. X. Each ratepayer entitled to vote may votc on a scale according

to the amount of' the value at which he is assessed in the assessment-book in respect of land included in the Railway 'I)ist~ict, as follows :--Not exceeding Twenty-five Pounds, one vote; exceeding 'l'went y-five Pounds but not exceeding 'Thirty-five Pounds, two votes; exceeding Thirty-five Pounds, but not exceeding Forty-five Pounds, three votes;

exceeding

1" GEOKGII V, No. 1015.

The Brinkworth to Port Broughton Railway Act.--1910.

exceeding Forty-five Pounds but not exceeding Fifty-five Pounds, tour votes; exceeding Fifty-five Pounds, but not exceeding Sixt y-five Pounds, five votes; exceeding Sixty-

fivr I'ounds, six \-otes. No person shall have more than

six votes; ancl cxccpt as by this section providvd, no person shall have inore tlim one vote. For the purposes

of this section, where land included in the Railway District

and other land are assessed to~ether in the aesessment- book, the Council shall detelmine what portion of the assessed value is in respect of the land so included, and such determination shall, for the said purposes only, be

final:

X I. 111 case joint tenants or tenants in common are assessed in Joint tenants and

respect of any land the assessed value of the land shall be tenant8 in

divided by the numbcr of joint tenants or tenants in

common, and the quotient (ignoring any remainder) shall,

for the pnrposes of paragraph X. of this section, be

deemed to be the valae at which each of such joint tenants

or tenants in common is assessed in respect oi' such land:

X I I. When a ratepayer's name appears in the assessment-book in When ratepayer an-

Or

respect of land included in the Railway District a n d situ- ",$.*

ated in one ward and also in respect of land included in

the Railway District and situated in another or other wards, the assessed values of all such lands shall be added to- gether for the purpose of computing the number of votes to which he is entitled, and he shall be indicated as en- titled to vote on the copy of portion of the assessment- book furnished for the polling-place in each of such wards, but he shall vote at one polling-place only:

X	I r I.	Both the owner and the occupier of any ratable property may AH ratepayers en-	vote in respect thereof, but no person shall vote both as titled to vote.
owner and as occupier in respect of the same property: ,

X I v. No person shall vote more than once, or at more than one only to vote once

pollin g- place :

xv. Every voting-paper shall bear the initials ot the Returning \Toting-papre.

Officer or his deputy on the back thereof, and shall have the following sentences on the face thereof :-

" I approve of the undertaking provisionally autho-

r i s d by ' The Brinkworth to Port Broughton

Railway Act, 19 l 0 ' being carried out."

" I object to the undertaking provisionally authorised

by ' The Brinkworth to Port Broughton Railway

Act, 1910 ' being carried out ";

and s l d l also have a square printed opposite each such swtence; and nothing else, except the cross indicating the vote, shall be inserted in or placed on any voting- paper. Any voting-paper not complying with this sub- division shall be informal: xvr. Every

I' GEORGII V, No. 1015.

The Brinkworth to Port Broughton Railway Act.--1 91 0.

Voter to stale his

name, &c. xvr. Every person entitled and desiring to vote shall present himself to the Returning Oficer, or his deputy, at the polling-place for the district or for the ward in which he claims to vote, and shall state his Christian name and sur- name, abode, profession or uccupation, the nature of his qualification, and the place where the property in respect

of which he claims to vote is situate. The Returning

Officer, or deputy, shall thereupon place a mark against the voter's name on the copy of the assessment-book, or of portion thereof, in use at the polling-place, and hand such voter n voting-paper for every vote to which he is entitled:

BOW to vote. XVII, Upon receiving his voting paper or payers the voter shall

without delay-

( c c ) Retire alone into some unoccupied voting compart-

ment of the booth, and there in private indicate his vote or votes by making a cross having its point of intersection within the square on his voting-paper, or oil each of his ~oting-papers,

opposite the sentence which expresses his wish;

and

( B ) Fold the voting paper or papers so as not to show in

wl~at way the vote or votes have been given, but to show the initials of the Returning OA'icer, or deputy, and exhibit it or them so folded to the Returning Officer, or deputy, and then without nnfolding, deposit it or them in a ballot box to be provided by the Returning Officer for that purpose.

No voting-paper so deposited shall on any account be

taken from the ballot box except in the presence of a

scrutineer or scrutiileers after the poll:

Voter requiring xvr~r. If any voter satisfies the Returning Officer, or deputy, that

meistance. he is unable to vote without assistance, the ltcturning Officer, or deputy, shall permit anv person appointed by such voter to accompany him into ihe voting compartment and ta mark, fold, and deposit his voting paper or papers for him:

Who illowed in s~x. Subject to paragraph xvrir. of this section, the only persons

bootb.	who shall be allowed to remain in Ihe polling-booth shall be the persons about to vot,e, the Returning Officer, his
d~puty, and the scrutineers:

What questions may

be put. xx. No inquiry shall be permitted at the poll as to the right of

any person to vote, except as follows, that is to say :-The scrutineer shall, put to any person applying for a voting- paper at the time of his so applying, but not afterwards, the following questions, or any of them, and no other :--.

(1) Are

I" GEOKGII V, No. 1015.

- .- --

The Brinhorth to Port Broughton Railway Act.-1910.

.(l) Are you the person whose name appears as [stating the name] and as the owner (or occupier) of the property set opposite such name in the assess-

ment-bt)ok now in force for this District? 4

(2) Are you the owner (or the occupier) within the meaning of' the District Couricils Acts of the property in respect of which you now claim to vote?

(3) Have you already voted at the present poll?

Provided that the Returning Officer or deputy may, by reference to the copy of the assessment-book or of portion thereof or otherwise, give any inf~rmat~ion necessary t.o explain any of the said questions:

x x ~. No person shall be entitled to vote unless his answer to the Anewem toquertionr.

first and second questions, or such of them as is put to him, is in the ailirmative, and to the third, if put, is in the negative:

xsrr. The Returning Officer, or deputy, shall, before any vote is Ballot boxea.

taken, exhibit the ballot box empty; and shall, at the close of the poll, publicly close, fasten, and seal the ballot box containing the voting-papers which have been taken at the voting-place at which he presided, and shall also allow any scrutineer so desiring to seal the same; and each deputy shall, with as little delay as possible, deliver, or cause his box to be delivered, to the Returning Officer:

xsr~r. At the close of the poll the Returning Officer shall fix a scrutin and count, f

time, which shall be as soon as conveniently may be, F: . ~ ~ ~

and a place, for examining the votes and declaring the

result of the 17011, and shall at such time and place, in the presence of one at least of the scrutineers and of as many

more of them as choose to be present- (a) Open all the boxes containing voting-papers deposited	by voters at the taking of the poll at the several
voting-places;

( b ) Examine all such voting-papers and reject all such as are informal as above mentioned, or contain crosses against both of the above sentences; and

(c) Ascertain, from the voting papers not so rejected,

the total numbers of votes given in favor of the

respective sentences.

The Returning Officer shall then openly declare the said numbers and declare the result of the poll:

xxlv. All voting-papers shall be preserved by the Returning Officer Papera tobepraaerred.

until the expiration of three months after the publication of the certificate of the result of the poll, as provided by section 13. (2). Any

B-1016

10 i b CIIEORG~ I V, No. 101s.

The Brinkworth to Port Brozcghton Railway Act.--1910.

Offences connected (2) Any person who, at or in connection wi th any poll taken

with poll. under this section-.

(a) Votes or attempts to vote more than oncr, or at more than

one polling-place, or

( b ) Personates any other person for the purposc of voting at such

poll, or

(c) Wilfully makes a false answer to any question lawfully pot

to him by the Returning Officer o; his deputy, or

(d) Wilfully obstructs the voting by any unnecessary delay in

performing any act within a polling-booth, or

( e ) Unlawfully tampers with any ballot box or voting-paper used

or to be used at such poll, or

( f ) In any other way wilfully infringes, whether by act or

omission, any of the provisions of subsection (1) of this

section,

shall be guilty of a misdemeanor, and shall be liable to be imprisoned

for any term not exceeding six months.

Certificate of result 13, (1) The result of each poll shall be embodied in a certificate

of poll.	under the hand of the Returning Officer who presided thereat. Such certificate may be in the form in the Second Schedule, or in a form to the like efl'ect.
(2) Each such certificate shall be published in the Gazette, which shall, after the expiration of the period of three months immediately following such publication, be conclusive evidence of such result and of the validity of the poll and the performance of all conditions precedent theret,~, unless the poll has, during such period, been declared to be invalid by a Court of competent jurisdiction.
the undertaking.

Orderforcarr~ingout 14. If the aggregate result of the polls is that two-thirds or more

of the formal votes given at such polls are in approval of the undertaking provision~lly authorised b i this Act being carried put, the Governor may make an Order that the undertaking shall be carried out in pursuance of this Act, and such Order shall be pub- lished in the Gazette. When such Order has bee11 so published, and not before, the undertaking may be carried out.

The whole under-

taking to be con- 15, Within the meaning of any Act incorporated with this Act,

struetion of8 railway the whole of the undertaking provisionally authorised by this Act,

and not only the new railway, shall be deemed to be-

with"me8ningof

Railways Clauses

Act.

(a) A railway authorised to be constructed at the public expense,

(6) A railway by this Act authorised to be constructed, and

(c) An undertaking authorised by this Act,.

Method of determin. 16. Notwithstanding any thing in any of the Acts incorporated

i~ P U N ~ ~ - ' P O ~ ~ Y with this Act, whenever the commissioner desires to purchase or

and oompenaahon for

and taken. take

- I" GEORGII V, No. 1015.

The Brinkworth to Port Broughton Railway Act.-1910.

take any land for the purposes of this Act, and the price to be paid therefor, and the compensation (if any) to be made in consequence of the taking thereof, are not determined by agreement in ~vriting,

signed by or on behalf of the owner of such land and the Com-

missioner, within twenty-one days after the Commissioner has given

notice to such owner, as required by section 18 of " The Lands	G of 1847.
Clauses Consolidation Act," that he requires to purchase or take such land, such price and compensation (if any) shall be determined in the following manner :--

I. The Commissioner may give notice in writing to such owner Notice ?arbitrate

of his intention to have the price and compensation (if a,itmtor by Corn- and appointment of

any) settled by arbitration, and may, by the same or a miesioner.

subsequent notice in writing to such owner, nominate and

appoint an arbitrator to act in the reference on behalf of

the Commissioner:

i r. Such owner may, within twenty-oue days after the giving Appointment of arbitrator by owner.

of such notice appointing an arbitrator, give notice in . . .

writing to the Commissioner agreeing that such arbitrator shall be sole arbitrator, or nominating and appointing another arbitrator to act in the reference on behalf of such owner: . .

111. Each such notice noininating and appointing an arbitrator, Notice of appoint-

or agreeing to the :lppointment of a sole arbitrator, shall mis,io,.

ment deemed a ~ u b -

be deemed a submission to arbitration on the part of the party by whom the sanlc is given; and after the giving of any such notice neither party shall have Dower to revoke the appointment thereby made or such s;hrnission

without the consent in writing of the other party, nor

shall the death of either party operate as a revocation:

AV. Unless such owner, within twenty-one days after the giving In defaultof appoint- ment by owner

by the Commissioner as aforesaid of notice nominating and arbitnrfor appointad

appointing an arbitrator, gives notice to the Commis- by Commirsionerto	act alone.
sioner, as provided by paragraph r r. hereof, agreeing that sucll arbitrator shall be sole arbitrator or nominating and appointiug another arbitrator, the Commissioner may appoint the arbitrator nominated and appointed by him to '
act on behalf of both parties; and such arbitrator shall proceed to hear and determine the matter and shall give his award determining the price and compensation (if any) to be paid:

v. ,411 the provisions of sections 26 to 35 inclusive, of The price Determination and cornpenea. of

Lands Clauses Consolidation Act " shall, mutatis mutandis, tion.

apply with respect to the determination of the said price

and compensation:

vr. No notice, appointment, or award made under this section Informality not to

shall be set aside or be invalid for irregularity or error in invaGdate.

matter of form:

wt. Everg

I" GEORGII V, No. 1015.

The Brinkworth to Port Broughton Railway Act.--1910,

Award to be final. vr I. Every award under this section of arbitrators, or of a single

arbitrator (in a case where it is agreed, as mentioned in paragraph 11. hereof, that an arbitrator shall be the sole arbitrator, or where a single arbitrator is empowered by this section to give an award), or of an umpire, shall be final: Provided always that where an arbitrator or umpire has misconducted himself the Court may remove him, and that where an arbitrator has misconducted himself, or an arbitration or award has been improperly procured, the Court may set the award aside. "Court" in this paragraph means the Supreme Court or a Judge thereof:

E E W ~ of mbmiesion V I I I. A submission to arbitration under this section shall have thc same effect as if it had been made an order of the Supreme Court; and an award under this section may, by leave of the Supreme Court or a Judge thereof, be enforced in the same manner as a judgment or order of t8he kaid Court to the same effect:

and award.

Service of notices.	rx. The provisions of sections 19 and 20 of " The Lands Clauses Consoiidation Act" as to the service of notices shall apply to notices under this section:
Meaning of "owner"	X. In this section the word "owner" includes any person having

and "land."	any estate or interest in the land in question, or by The
No. 6 of 1847.	Lands Clauses Consolidation Act" enabled to sell and convey the same, and the word ': land" includes any estate or interest in the land in question:
of Lands Clauses

Certain provisions XI. Sections 22 to 25 inclusive, sections 38 to 62 inclusive, and

Consolidation Acts	sections 64 to 68 inclusive of " The Lands Clauses Con-
not to apply.	solidation L4ct," section 6 of the Act No. 26 of 1855-6, being an Act to amend the " Lands Clauses Consolidation Act," and sections 5 to 11 inclusive of the " Lands Clauses

with respect to the determination of the said price and Consolidation Amendment Act, 1881," shall not apply

compensation.

statement cost 17. A statement of the cost of the railway shall, within a reason-

~ a i l w ~ y to be

published in Gazette.	able time after the completion of the undertaking, be published by the Commissioner in the Gazette, which shall be conclusive evidence of the cost of the railway.
Railway Diatrict

Fund to be con- 18. A fund shall be constituted for the Railway District, and

stituted. shall be held by the Treasurer of the said State. Such fund shall

be called " he Port Broughton Railway District Fund,"

Separate account to

be kept for purposes 19. (1) An account shall be kept by the Commissioner of the

of the A&.	particulars and in the manner stated in sections 20 and 21. in
*
respect of the railway for each year; and an abstract of &eh account for every year shall be published by the Commissioner in the Gazette within three months after the end of such year.

( 2 ) The

I" GEORGII V, No. 1015.

The Brinkworth to Pmt Broughton Railway Act.-1910.

(2) The accounts required to be kept by virtue of this section shall be merely for the purpose of the special financial provisions of this Act, and shall not interfere with any other accounts usually kept by the Coinmissioner, or which he is required to keep, for other purposes.

20. (1) All earnings in respect of the railway or of any part m a t t o b e c r e d i t d

thereof shall be credited by the Commissioner in the account by.

in the account.

this Act required to be kept in respect of the railway.

(2) When in the course of the same journey, goods, stock, minerals, parcels, mails, or passengers are carried partly on the railway and partly on another or ot.her railways in the said State, one third of the earnings on account of such carriage on such other railway or railways (in addition to the whole of the earnings on account of such carriage on the railway) shall be credited by the Commissioner in the account to be kept as aforesaid in respect of the railway.

(3) All divisions, apportionments, and creditings made by the

('ommissioner for the purposes of this section shall be final and

conclusive for the purposes of this Act.

21. (1) Tn the account by this Act required to be kept in respect m a t to debited

of the railway, the Commissioner shall debit, as the first charge, in the account.

the working expenses in respect of the railway, and as a further

charge, interest at the rate of four per centum per annum on the

cost of the railway.

(2) The working expenses in respcct of the railway so to be debited shall be the following :-

I. The expenses of and incidental to the carriage, loading, and

unloading of goods, stock, minerals, parcels, mails, and

passengers on the railway;

1 1. 'l'he expenses of maintaining the railway, and the works

and conveniences connected therewith or for the purposes

thereof; and

1 1 1. Such proportion of the expenses of maintaining, and (subject to subdivision ( 6 ) hereof) of repairing and replacing the rolling-stock used for working the railway, as the Com- missioner considers fairly attributable to the working of the railway;

but shall not include -

(a) Amounts paid in respect of personal injuries suffered by

passengers, employds of the Commissioner, or other persons

on the railway, whether whilst travelling or not;

( b ) The expenses of repairing or replacing rolling-stock damaged

or destroyed on the railway otherwise than by ordinary wear

and tear; or

(c ) Amount8

I " GEORGII V, NO. I o I j.

Tk Brinkworth to Port Broughton Railway Act.-1910.

(c) Amounts paid in rzspect of damages to property through firzs

caused by running trains on the railway:

Yrovided that in all cases the decision of the Commissioner upon th-. question whether m y item is or is not a working expense in respect of the railway shall be final and conclusive for the purposes of this Act.

Credit in the

mount to be camed	22. If in any year the earnings credited as aforesaid for that the railway exceed the working expenses and interest for that year debited as aforesaid in such account, the difference shall be carried by the Commissioner to the credit of the fund constituted for the Railway District.
to the Railway	year in the account by this Act required to be kept in respect of
District Fund.

debit in 23. If any year the earnings credited as aforesaid for that

the account to be

borne. year in the account by this Act required to be kept in respect of the railway are less than the working expenses and interest for that year debited as aforesaid in such account, the difference shall be debited in the account of the fund constituted for the Railway District. If after such debiting the said fund shows a debit ba'lance, then-

I. If such balance does not exceed the interest debited as afore- said for that year, such balance shall be made good, in manner hereafter in this Act provided, by the Councils; and

11. If such balance exceeds the interest debited as aforesaid for that year, such balance shall, to an amount equal to such interest be made good, in manner afbresaicl, by the Coun- cils, and the remainder thereof shall be made good by the Commissioner.

Commbsionerbmake

nquiritions. 24.

Whenever under the provisions of section 23 a debit balance or part of a debit balance is to be made good by the Councils-

I. Each Council shall, within one month after being re- quested so to do by the Commissioner, furnish him with a certificate under the hand of the chairman of the Council showing the assessed value of all the ratable property in its district which is included in the Railway District:

For the purposes of this section, where ratable property included in the Railway District and other ratable pro- perty are assessed together by any of the Councils, the Council shall determine how much of the assessed value

is in respect of the property so included; and if the

Council fails to make such determination within the month men timed in paragraph J. of this section the Commissioner may make such determination; and such determination of the Council or the Commissioner, &S the case may be, shall, for the purposes of this section, be final and be regarded as part of the Council assessment f ir the time

being in force : 1x1, The

1" GEORGII V, No. 1015. -

The Brinkwwth to Pmt Broughton Railway Act.-1910.

111. The Commissioner shall apportion the sum required between

the Councils in proportion to the assessed values, as shown by the various Council nssessments for the time being in force, of the ratable property included in the Railway District which is situated in the districts of the several Councils, and shall accordingly charge the respective sums ascertained by such apportionment against the several Councils; and the Commissioner ehall forward to the clerk of the district of each Council a requisition signed by the Commispioner for the sum so charged against such Council:

I v. Every such requisition shall be published in the Gazette, which shall be conclusive evidence of the validity of the requisition, of the correctness of all amounts therein stated, and of the due performance of all conditions precedent thereto, and all conditious precedent to the declaring of a rate under the provisions hereinafter contained.

25, Upon any such requisition being forwarded to the clerk of a council to declare

clistrict, the Council thereof shall forthwith declare a rate sufiicient

to produce the sum required by the requiaition.

26. Such 'ate shall be called a railway rate, and shall be declared, W i w a y mte, how to

in accordance with the assessment then in force, on the ratable be declared.

propertv included in tha Railway District which is situated in the

district 'of the Council.

27, For the purposes of such rate the Council may either use the Use or trawription

assessment-book already existing or may transcribe the necessary portions thereof into a separate assessment-book, and may make such apportionment, or such separate and fresh assessment, as appears just in any case where only part of the property comprised in an assessment is included in the Railway District.

28, (1) The railway rate when declared shall be entered in the Railway rate to

assessment-book of the Council, and so that particulars, similar to

entered inassessment-

those required in the case of other rates declared by the Council, shall be entered in a proper column opposite the names of the rate- payers liable to pay the rttilway rate, and the assessment-book shall a t all.times show a complete record of the moneys due for such rate in respect of every assessed property.

(2) The Council may make such additions to or alterations in the

form of the assessment-book used for the railway rate as it deems

expedient for carrying out the purposes of this Act.

29, Within fourteen days after declaring any railway rate the ~ o t i c e of m i l a ~ y

Council shall cause notice to be given in the Gazette, and in n news- rate. paper (if any) generally circulating in its district, of the nature and amount of the rate. Such notice shall be in the form in the Third Schedule, or in a form to the like effect.

30, If

GEORGII No.

The Brinkworth to Port Broqhton Railway Act.-1910.

If amount of requi-

sition not paid within 30, If within two 3 ears from the publication in the Gazette of a

two years Commis-	requisition upon a Council as hereinbefore provided the amount of the
sioner map publiah
notice.	requisition is not paid to the Commissioner, he may publish in the Gazette a notice in the form No. 1 in the Fourth Schedule, or in a form to the like effect; or, if the rate has not been declared, he may declare such rate by a notice published as afbresaid, and in the form No. 2 in the said Schedule, or in a form to the like effect.

Tranafer to Commia-

sionsr of Council's 31, Upon the publication of a notice under section 30 all the

righte for recovery of

rights and powers of the Council in reference to the recovery of rates,

rate.

and for the letting or sale of land for non-payment of rates, shall, as regards the railway rate or rates mentioned in or declared by such uotice, by virtue of such publication, be transferred to and become vesteduin the Commissioner; and the Commissioner, or anv person authorised by him in that behalf, may exercise any pcwir and do any act which could before such publication, or could if the rate had been declared by the Council, have been exercised or done in reference to the recovery of any such rates by the Council or by any district clerk, collector, receiver, or other officer of, or person acting under the anthority of, the Council.

Supplementary 32,

If any railway rate does not within one year from its declaratior, produce the required sum, the Council shall from time to time declare another railway rate or other railway rates until the required sum is produced; and all the provisions of this Act with regard to a rate declared or to be declared under section 26 or declared under section 30 shall, so far as applicable, apply to every rate declared or to be declared under this section.

railway mtea.

Application of surplus

of railway rate. 33. If any railway rate pioduces more money than is required

for its purpose, the surplus shall be held by the Council as a fund applicable towards meeting any requisition thereafter made by the Commissioner upon such Council under this Act, and so much thercof as is not required for that purpose within five years from the declaration of the rate shall be applied from time to time towards payment of any Council rate due in respect of the ratable property on which the railway rate has been paid.

Application of

District Councila Act 34, All the provisions of the District Councils Act, so far as the

to railway rates. same relate to rates declared, or to be declared, under such Act and the recovery thereof (except as to limitations of the amounts of such rates) shall, subject to the provisions of this Act and so far as applicable, apply to railway rates declared, or to be declared, under this Act.

Gazelle evidence of 35, The Gazette containing a notice of the declaring of a rail way

railway rate.	rate in the form in the Third Schedule, or in a form to the like effect, or in the form No. 2 in the Fourth Schedule, or in a form to the like effect, shall be evidence, and, except on proceedings to quash such rate, shall be conclusive evidence that the rate has been dtdy declared and of the amount, and the correctness of the amount,
thereof. 36. The

1' GEORGII V, No. 1015. 17

Tlae Brinlnvorth to Port B r o u g h Railway Act.-1910,

36. The moneys received in respect of a railway rate shall, up Payment oi

to the amount for which the Commissioner has made a requi~ition	CommisldOn~~
or requisitions, be paid to him by the Council, and shall be carried by him to the credit of the fund constituted for the Railway District.

37. If the total of the earnings credited for any period of ten whent~~~mntee

consecutive years, as provided by section 20, in the accounts by this P ' o ~ ~ ~	end*
Act required to be kept in respect of the railway, is not less than the total of the worlung expenses and interest debited for the same period, as provided by section 21, in such accounts, the Commissioner shall, as soon as practicable after the termination of such period, by notice published in the Gazette, declare that the fund constituted for the Railway District is closed; and thereupon-

(a) The Treasurer shall transfer the amount standing to the credit of the said fund to the credit of the revenue of the South Australian Railways generally, and

( b ) The proviaions of sections 18 to 37, both inclusive, of this Act

shall cease to apply to, and shall not again come into force with respect to, the railway and the Railway District.

38. The Gazette containing any order, statement, notice, requi- ~ ~ t t s to beeridenc

of statement, &c. fact, tenor, and validity of such order, statement, notice, requisition, or other publication, and of the facts stated, recited, or assumed therein; and no such order, statement, notice, requisition, or other publication shall be invalid by reason of any thing required as preliminary thereto not having been duly done.

sition, or other publication made or given by the Governor or the

In the name and on behalf of His Majesty, I hereby assent to

this Bill. DAY H. BOSANQUET, Governor.

SCHEDULES.

I" GEOKGII V, No. 1015.

The Bri.ahorth to Port Broughton, RziZwuy Act.--1910.

SCHEDULES.

THE FIRST SCHEDULE.

Ordinance No. 6 of 1847.-" The Lands Clauses Consolidation Act."

Act No. 26 of 1855-6, being an Act to amend " The Lands Clauses Consolidatiou

Act."

Act No. 202 of 1881.-" The Lands Clauses Consolidation Amendment Act, l881 ."

Ordinance So. 7 of 1847.-16 The Railways Clauses Consolidation Act."

Act No. 6 of 1858, being an Act to amend 'I The Railways Clauses Consolidntion

Act."

Act No. 32 of 1876.-'6'l'l~e Railways Clauses Act, 1876."

Act Xo. 414 of 1887.-"The South Australian Kailwap Commissioners Act,

1887."

Act No. 512 of 1891.-"The South Australian Railways Commissioners Act

Amendment .4ct, 1891 ."

Act No. 612 of 1894.-'$ The South Australian Railways Commissioners Act Amendment Act, lh9-I."

Act No. 912 of 1906.-"'l'he South Australian Railways Commissioners Further

Amendment Act, 1906."

Act No. 7 of 1873.-'( The Port Broughton Railway Act."

All Acts amending or substituted for any of the said Acts and all Acts amending any such substituted Act.

T H E SECOND SCHHDULE.

I, [name o f Returning (3$ ic~r], hereby certify that a poll taken on the

day o f, 19, in the District of on the question whether the undertaking provisionally authorised by "The Brinkworth to Port Broughton Railway Act, 1910," should be carried out, resulted as follows :-

Number of votes in approval of the undertaking being carried out..

Number of votes in objection t,hereto. .. .. .. .. .. .. .. .. .. .. .. .

Number of informal votes .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

Total number of votes .. .. .. .. .. .. .. .. .. .. .. .. .

Dated this day of 19 .

[Signaturej Returning Officer.

THE THIRD SCHEDULE.

Sec. 29.

Illbtice of Railway Ilate.

At a meeting of the District Council of , duly held on

the day of , 19 , a railway rate was declared of in

the pound upon the assessment of that part of the District of which is included in the Port Broughton Railway District; and all persons liable are required t~ pap the amount of the said rate, according to the assessment, to the District Clerk (or Collector or other oficer) at the district office.

Dated this day of , l 9 .

[Signed] A.B.,

Chairman of the District Council (or District Clerk).

THE

GEOKGII No.

The Brirthorth to Port B r o u g h Railway Act.-1910.

THE FOURTH SCHEDULE.

FORX No. 1.

HE PORT BROUGHTON RAILWAY DI~TRICT.

District of

Notice is hereby given that all moneys unpaid in respect of the railway rate

(or rates) declared by the District Council of on the

day of 19 , [af' more than one rate add date of declaration o f

every other rate] are to be paid to the South Australian Railways Comn~issioner.

Dated this day of 19 .

[Signature]

The South Australian Railways Commissioner.

FORM No. 2.

THE PORT BROUGHTON RAILWAY L)ISTRICT. Sec. 30.

Abtice of Rlsilway Rate Declared by Railways Commissioner.

Notice is hereby given that on the day of

19, the South Australian Railways Commissioner, pursuant to " The Brinkworth to Port Broughton Railway Act, 1910," forwarded to the clerk of the District of

a requisition for the sum of and that

the Council of the said District not having declared a railway rate to produce the said sum as required by the said Act, the said Commissioner, in exercise of his powers in that behalf under the said Act, hereby declares a railway rate of in

the pound upon the asse~sment of that part of the District of , which

is included in the Port Broughton Railway Di~tr ic t; and all persons liable are required to pay the amount of the said rate, according to the assessment, to the South Australian Railways Commissioner.

Dated this day of 19 .

[Signature]

The South Australian Railways Commissioner.

THE FIFTH SCHEDULE. Sec. 10.

[PLAN.]

PLAN

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Adelaide : By authority, R. E. E. Rooms, Government Printtr, North Terrace.