The Darkes Peak Railway Act 1909 (SA)

EDWARDI V11 REGIS.

A. D. 1909.

No. 982.

An Act to provide for the Construction of a Railway from Cummins Railway Station, via Darke's Peak, to a Point near the Northern Boundary

of the County of Jervois and near the South-

Western Corner of the Hundred of Solomon, and for other purposes.

[Assented to, December t r th, 1909.1

it Enacted by the Governor of the State of South Australia,

follow S: BE with the advice and consent of the Parliament thereof, as

A -982

1. This Act may be cited as The Darke's Peak Railway Act, short title.

v

1909,"

Acts heretofore or hereafter passed amending or substituted for the herewith. 2. The Acts mentioned in the First Schedule to this Act, and all Aote incorporated

said Acts, or any of them, shall, so far as they are severally applicable,

be incorporated and read with this Act.

3. The South Australian Railways Commissioner (hereafter in Autboritytoconlhuct railway.

this Act called " the Commissioner " ) may construct and maintain-

(a) A railway (hereafter in this Act called the said railway ") from Cummins Railway Station, viu Darke's Peak, to such point as he deems proper on or near the northern boundary

of the County of Jervois and at or near the south-western

corner of the Hundred of Solomon, as the said railway is

delineated

go EDWARDI VII, No. 982.

The Darke's Peuk RaiEway Act.--1909.

delineated in the plan deposited in the office of the Sm- veyor-Genera.1, in Adelaide, signed " W alter Ru tt, Chief Engineer for Railways," and dated the twenty-seventh day of September, one tl~ousand nine hundred and nine; or as the said railway is delineated in any plans after the passing of this Act so deposited, pursuant to any law for the time being in force as to the deposit of such plans; and

( b ) All proper works and conveniences connected with, or for the

purposes of, the said railway, or the said railway and any

existing railway:

Provided that in case the Houses of Parliament are not sitting at the time when any plans and books of reference are deposited in the office of the Surveyor-General under section 9 of The Railways Clauses Act, 1876," the Commissioner may make deviations under the said section before causing copies of such plans and books of reference to be laid before Parliament; but such copies shall be laid before both Houses of Parliament within fourteen days after the next sittings of such Houses respectively.

h u g e and rails. 4, The gauge of the said railway shall be three feet six inches,

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

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

~011s and charges. 5, The Commissioner may demand for the use of the said railway, and in respect thereof, and for the carriage of goods and passengers thereon, and for the loading and .unloading of goods, such tolls, charges, and rates as are from time to time fixed by the Com- missioner, in manner prescribed by any Act or Acts under which the Commissioner fixes tolls, charges, and rates in respect of the railways under his control.

Appropriation of

tolls, &c. 6, All tolls, rents, dues, charges, rates, and sums of money which

are received and levied under 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.

Tenders to be called

for.	7, The Commissioner shall call for tenders for the construction of the said railway, to be sent in within such time, to such place, and to be upon such terms, conditions, and provisions as he deems advisable, and ma? accept or reject any tender, and may construct the said railway although no tender for the construction thereof has been accepted.
Method of determin-

ing pur~bane-money 8. Notwithstanding any thing in any of the Acts incorporated

and com~enaation for with this Act. whenever the Commissioner deaires to ~urchase or

land &m. take any land ior the purposes of this Act, and the to be paid therefor, and the compensation (if any) to be made in consequence of the taking thereof, are not determined by agreement in writing, signed by or OR behalf of the owner of such land and the Corn-

go EDWARDI VII, No. 982.

The Durke's Peak Railway Ad.-1909.

missioner, within twenty-one days after the Commissioner has given notice to such owner, as required by section 18 of '"I'he Lands Clauses Consolidation Act," that he requires to purchase or take swh 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 of his intention to have the price and compensation (if any) settled by arbitration, and may, bp the same or a subsequent notice in writing to such owner, nominate and appoint an arbitrator to act in the reference on behalf of the Commissioner:

1 1. Such owner may, within twenty-one days after the giving 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 nominating and appointing an arbitrator,

or agreeing to the appointment of a sole arbitrator, shall be deemed a submission to arbitration on the part of the party by whom the same is given; and after the giving of any such notice neither party shall have power to revoke the appointment thereby made or such submission without the consent of the other party, nor shall the death of either party operate as a revocation:

rv. Unless such owner, within twenty-one days after the giving by the Commissioner as aforesaid of notice nominating and appointing an arbitrator, gives notice to the Commis- sioner, as provided by paragraph 1 1. hereof, agreeing that such arbitrator shall be sole arbitrator or nominating and appointing another arbitrator, the Commissioner may ap- point the arbitrator nominated and appointed by him to

proceed to hear and determine the matter and shall give

act on behalf of both parties; and such arbitrator shall

his award determining the price and compensation (if any)

to be paid:

v. Al l the provisions of sections 26 to 35 inclusive, of The

Lands Clauses Consolidation Act " shall, mutati.9 mulandis, apply with respect to the determination of the said price and compensation:

vr. No notice, appointment, or award made under this section

shall be set aside or be invalid fo r irregularity or error in

matter of form:

V I I. Every award under this section of arbitrators, or of a single

arbitrator (in a caa- where i t is agreed, as mentioned in paragraph Ir. hereof, that an arbitrator shall be the sole arbitrator, or where a single arbitrator is empowered by

this

go EDWARDI VII, No. 982.

The Da&$ Peak Railway Ad.-1909.

-

thie section to give an award), or of an umpire, shall be final: Provided always that where am 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:

V I I I. A submission to arbitration under this section shall have

the 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 the said Court to the same effect:

IX. The provisions of sections 19 and 20 of " The Lands Clauses Consolidation Act" as to the service of notices shall apply to notices under this section:

X. I n this section the word owner " includes any person

having any estate or interest in the land in question, or by " The 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:

s

I. Sections 22 to 25 inclusive, sections 38 to 62 inclusive, and

sections 64 to 68 inclusive of " The Lands Clauses Con-

solidation Act," section 6 of the Act No. 26 of 1855-6,

being an Act to amend the Lands Clauses Consolidation

Act," and sections 5 to l l inclusive of the Lands Clauses Consolidation Amendment Act, 1881," shall not apply with respect to the determination of the said price

and compensation.

Purchme-money of	RQ. (1) When any Crown lands situated as mentioned in the
certain Crown lands to
$0 to hut Fund, and	Second Schedule are, after the passing of this Act, sold or granted
Income to revenue.	or contracted to be sold or granted by or on behalf of the Crown, whether under an agreement containing a covenant to purchase or otherwise, all purchase-moneys received in respect of such land shall be paid to the credit of the Loan Fund, and, unless and until otherwise provided by Parliament, the interest on such moneys shall be applied as revenue for the general pui poses of this State.
(2) When Crown lands are sold or granted ar contracted to be sold or granted under an agreement containing a covenant to pur- chase, or otherwise upon credit, subsection (1) shall apply only to so much of the moneys to be paid under such agreement or other- wise as represents the purchase-money, as distinguished from interest thereon and rent, and so much thereof as represents such interest and rent shall, unless and until otherwise provided by Parliament, be applied as revenue for the general purposes of the State.

go EDWARDI VII, No. 982.

l'h Dark's Peak Radway Ad.-1909.

(3) This section shall apply to any lands situated as aforesaid which, when sold or granted or contracted to be sold or granted as aforesaid, are subject to any lease or licence granted by or on behalf of the Crown, as well as to aU other Crown lande so situated.

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

this Bill.

DAY H. BOSANQUET, Governor.

THE

EDWAKDI VII, No.

THE SCHEDULES.

section 2. T H E FlHST 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 Consolidation

Act."

Act No. 202 of 1881.- "The Lands Clauses Conso1idat;on Amendment Act,

1881."

Ordinance No. 7 of 1847.-" The Railways Clauses Consolidation Act."

Act So. 6 of 1858, being an Act to amend "The Railways Clauses Consolidation

Ant."

Act No. 32 of 1876.-" The Railway Clauses Act, 1876."

Act No. 414 of 1887.-" The South Australian Railways Commissioners Act,

1887."

Act No. 512 of 1891.-'& The South Australian Railways Commissioners Act Amendment Act, 1891."

Act No. 612 of 1894.-" The South Australian Railways Commissioners Act

Amendment Act, 1894."

Act No. 912 of 1906.-" The South Australian Railways Commissioners Further

Amendment Act, 1906."

Section 9. THE: SECOND SCHELIULE.

I. All Crown lands which are situated on either side of the railway and within sixteen miles thereof, except such as lie to the west of the existing railway from Port

railway. Lincoln to Y Ir. All other Crown lands situated within sixteen miles of the terminus of the eelanna ; and In this Schedule " the railway " means the railway to be constructed under this

Act.

L

Adelaide : By authority, R. E. E. Roosm, Acting Government Printer, North Terrace.