The District Railways Act 1911 (SA)

ANNO SECUNDO

GEORGII V REGIS.

No. 1067.

An Act to authorise the Constituting of Railway Areas

and the Construction of Railways therein, to provide for the Maintenance, Management, and Cost of such Railways, and for other purposes.

[Assented to, Jantlary gM, rgrz.]

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

f'ollows: BE with the advice and consent of the Parliament thereof, as

PART I.	PART I.
-- --

PRELIMINARY.

1, This Act may be cited as '' The District Railways Act, 191 1 ." Short title.

are severally applicable, but with the exceptions stated in the said other Acts. 2, The Acts mentioned in the First Schedule, so far as the same Incorporation with

Schedule, are incorporated with this Act.

3, I n this Act, except where inconsistent with the context or Interpretation.

some other meaning is clearly intended,-

Application " means an application for the constituting of a

Railway Area under this Act:

" Authorised railway " means a railway authorised by the

Minister under this Act:

Constituent council" means the council representing tl conatituent

dis t 1. ic t Constituent district " means a district the whole or part of which :

is within a Railway Area:

Commissioner " means the South Australian Railways Com-

missioner: - Council "

2" GEORGII V, No. 1067.

The District Railways Act.-l 9 1 1.

PART I. " Council " means a District Council or Municipal Council:

District " means a district aa defined by 'l'he District Councila

Act," or a Municipality:

L' Engineer" means the Engineer of Roads and Bridges:

" Gazette " means the S o d i Australian Government Gazette ;

" Justice " means Justice of the Peace for the said State:

Land " does not include unleased Crown lands, unleased lands belonging to the Crown, or lands dedicated or reserved for any public purpose and not let for any purpose other than a public purpose:

Landholder" means the owner of any freehold estate in land, the holder of land under agreement with the Crown for the sale of such land upon credit, or the lessee of land held under lease from the Crown:

" Minister " means the Minister of the Crown to whom for the

time being the administration of this Act is committed by

the Governor:

Municipal Council " means the Mayor, Aldermen (if any), and

Couidlors of a Municipal Corporation or a quorum thereof,

and the definition of Municipal Council " in b L The Municipal

No. 497 of 1590. Corporations Act, 1890," shall not apply to this Act:

Railway " means a railwa.~, mono-railway, or tramway, whether

the motive power to be used in connection therewith is steam, electricity, or horse-power, or any other means what- soever:

'L Hatepayer " means ratepayer as defined by " The Distl ict

Councils Act " or c b The Municipal Corporations Act ":

" Rating authority " means the person or persons appointed to

declare and ievy railway rates in respect of an authorised

railway:

'' Regulation " means regulation made under this Act:

" Special fund " means a fund constituted under the provisions

of section 37 :

NO. 419 of 1887. The District Councils Act " means and includes The District

Councils Act, 1887," and the ,Acts amending that Act, or any Act substituted for that Act and any Acts amending such substituted Act:

No 497 of 1890. " The Municipal Corporations Act " means and includes 4 c The Municipal Corporations Act, 1890," and the Acts amending that Act, or any Act substituted for that Act and any Acts amending such substituted Act:

Unimproved value " means unimproved value as defined by

No. 969 of 1908. section 13 of The Taxation A& Amendment Act, 1908"

"Year" means a year ending on the 30th day of June.

4. This

zb GEORGII V, No. 1067.

The District Railwys Act.-1 9 1 1.

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4, This Act is divided into Parts as follows :-

PART I. -Preliminary.	Arrangement of Art.
PART XI.-The Railway Area.

PART	11 I..-The	Poll of Ratepayers.
PART	IV. -The	Construction and Management of an Authorised

Railway.

PART v.Financia1 Provisions-

DIVISION I.-Cost of Railway:

DIVISION I I .-Railway Fund and Accounts:

DIY I SION I I r .-Valuation of Lands for Rating

Purpose8:

DIVISION rv.-Railway Rates.

PART 11. PART 11.

THE RAILWAY AREA.

5, A Railway Area under this Act may comprise the whole or m a t Iocalitier may

any part or parts of any district or districts, and may also comprise be Railway Arees.

any locality or localities not within any district.

6. Any number of ratepayers of any district, not being less than Ratepayera may

fifty, may by petition request the Council representing such district the Council. preaent n petition to

to apply to the Minister for the constitution of a Railway Area Queensland Local

Authorities ~ c t, 1902,

under this Act.

a. 286.

7, Such et it ion shall be in the form of the Second Schedule, or Form of petition.

in a form to the like effect, and shall contain the following Cf. ibid., a. 287.

particulars:

(a) The name of the proposed railway;

( h ) The boundaries of the proposed Railway Area, which need

not be limited to the district of the petitioning ratepayers;

(c) Full particulars of the proposed railway, including the route, gauge (except in the case of a rnono-railway), motive power, mode of construction, and any other particulars prescribed by regulation;

( d ) The proposed constitution of the rating authority;

(e) An estimate of the cost of the proposed railway;

(f) An estimate of the net revenue that may reasonably be '

expected to be yielded by the proposed railway.

8. (1) Every

2" GEORGII V, No. 1067.

The District Railways Ad.-191 1.

8. ( 1 ) Every signature to the petition shall be witnessed by some

Verification of	person, who shall make a declaration before a Justice of the Peace
petition.
Cf. 8.E. Drainage	in the form a t the end of the Second Schedule.
Amendment Act,
1908, e. 60.	(2) Any person wilfully making any false - statement in such declaration shall be guilty of a misdemeanor, and shall be liable on conviction to imprisonment with hard labor for any term not exceeding two years.
Cf. Queensland Act,
a. 287.	(3) No petition unaccompanied by such declaration shall be received by a Council.

Application by Q.

(1) Every Council to which such a petition is presented shall,

within thirty days after the presentation thereof, apply to the

Minister to constitute the Railway Area in terms of the petition.

Council to Minister.

(2) Any Council, without the presentation of such a petition,

may at any time apply to the Minister to constitute a Railway Area,

and such Area need not be limited to the district of such Council.

(3) The application shall be in the form in the Third Schedule,

or in a form to the like effect, and shall contain the particulars

required by section 7.

Miniater to refer

application to Corn- 10. (1) The Minister shall refer any application to the Commis-

miaeioner, who shall	sioner, who shall, as soon as practicable, furnish the Minister with a
furniah report.	preliminary report, certifying-
Cf. S.E. Drainage

Act, 1908, S. 61. ( a ) Whether or not he recommends that the proposed Railway

Area be constituted;

Queeneland Act,

S. 288. ( b ) What lands will, in his opinion, be benefited by the proposed

railway;

(c) His estimate of the cost of constructing the proposed railway;

and

( d ) His estimate of tnc net revenue that may reasonably be ex-

pected t. ~ be yielded by the proposed railway.

(2) If the Commissioner considers that the particulars contained

in the application are insufficient for the purpose of preparing his preliminary report, he may report to the Minister accordingly. The Minister may call upon the applying Council to furnish such (if any) further particulars as he deems necessary; and in that case the Commissioner need not furnish a preliminary report until such particulars have been furnished.

(3) If' the Commissioner by his preliminary report recommends that the proposed Railway Area be constituted, he shall prepare and fbrward to the Minister, with such preliminary report, a preliminary plan, showing the centre line of the proposed railway and limits of deviation.

nnieter may 11. The Minister may, at any time before the publication referred thinks proper. A11 amendments so made shall be incorporated in and form part of' the application as if such amendments had been originally included therein. 12, After

application.

Cf. Queensland Act,	to in section 12, make such amendments to the application as he
a. 294 (ii).

2" GEORGII V, No. 1067.

The District Railways Act.-1 9 l l.

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12, After receiving the preliminary report of the Commissioner, - PART 11.

the Minister shall, if the Minister approves of the application, cause Miniat&s to

to be published in the Gazette a notice in the form in the Fourth be publhhedin Bazatts.

Schedule, or in a form to the like effect.	Such notice shall state-	Cf.
Act, 1908, s. 62.

( a ) The Minister's approval of	the application;	Queensland A C ~,	8s.
288 and 294 (i).

( b ) The name of the proposed railway;

(c) The boundaries of the Railway Area, which may be the same as the proposed Area set forth in the application, or may embrace localities not included therein or exclude localities so included;

(d) The names of the constituent Councils; and

( e ) Who or what shall be the rating authority, and any necessary provisions as to the constitution of such authority.

13. Upon the publication as aforesaid of such notice, the rail- Upon publication

way referred to therein shall, subject to the provisions of section 16	railway deemed to be
and of Part 111. be deemed to be authorised, and the Railway Area therein defined shall be constituted, and such notice shall be con- clusive as to the matters stated therein.

14, After the publication of such notice, the Minister shall cause t o Copy be forwarded of dechration to

to be forwarded to every constituent Council copies of- constituent councils.

( a ) The Commissioner's preliminary report;

( b ) The preliminary plan of the proposed railway, which need

not be the same as the preliminary plan accompanying the

Commissioner's preliminary report; and

( c ) Such notice.

15. Upon receipt of such copies by any constituent Council the Copy to be deposited

same shall be deposited in the office of such Council and shall be in o6ce. Cf. Queenalund Act,

open to inspection by the ratepayers of the district. P. 288.

16. (1) Notwithstanding anything in this Act, unless the pro- B.i lway,udeasa

posed railway is to be a mono-railway worked by animal power, the authorhd until mono-railway, not

railway shall not be deemed to be authorised	until, after the publi- a p p r o y e d b ~	Parliament.
cation of the notice under section 12-

(a) The Minister has laid on the table of both Houses of Parlia- ment copies of the documents mentioned in section 14 and

a statement of the particulars (except the route) of the

*

proposed railway as set forth in the application under

section 9, and

( b ) A resolution has been passed by both Houses of Parliament

approving of the same being constructed.

(2) After the passing of such resolution by both Houses a notice

of the passing thereof shall be published in the Gazette.

PART

' 2 GEORGII V, No. 1067. 4

The District Railways Act.--191 1.

PART 111.

THE POLL OF RATEPAYERS.

T*-~Y ra teps~er~ in 17. At any time within thirty days after the publication of a

a constituent dietriot

may objecttorail*ay notice under section 12, if the proposed railway is to be a mono-

and demand a poll. railway worked by animal power, or. of a notice under section 16 in

S. 289. QueenlandAct any other case, any twenty ratepayers of any constituent district

~ o m	of petition.	who are assessed in respect of land within the Railway -Area, may,
by petition to the Council representing such district, object to the
construction of the proposed railway, and require that the question be submitted to a vote of the ratepayers in the Railway Area.

Form of petition.	18, Such petition shall he in the form in the Fifth Schedule, or in a form to the like effect, and the provisions contained in section 8 of this Act, mutatis mutandis, shall apply to such petition and the declaration verifying the signatures thereto.
Other constituent

councils to be 19, Within fourteen days after the receipt of such petition the

notified.	Council to which the same is presented shall serve the other (if any other) constituent Councils with notice thereof, together with
a certificate signed by the Town Clerk or District Clerk, as the case
may be, of the presentation of such petition. Such notice and cer- tificate shall be in the form in the Sixth Schedule, or in a fbrm to the like effect.
to cause poll to be
Constituent councils	20, When any such petition has been presented, the constituent Council, or every constituent Council, if more than one, shall within ninety days of the publication of the notice under section 12, if the proposed railway is to be a mono-railway worked by animal power, or if the notice under section 16 in any other case, cause a poll of ratepayers of its district, who are assessed in respect of land within the Railway Area, to be taken on the question whether or not the railway shall be constructed: Provided that any such poll shall
taken.
not be invalid merely because it was taken after the expiration of the said ninety days.

Provision for poll.	21, Every poll of ratepayers under this Act shall be taken by
Cf- ,Ac t lo l i, 1910,

6. 12.

ballot, and the following provisions shall be observed in respect

thereof :-

Returning Oacer. I. The Council shall appoint a Returning Officer, for the purpose of the poll, who shall, mutatis mutandis, have all the powers conferred by the District Councils Act, where tne poll is held in a District Council District, or by the Municipal Corporations Act, where the poll is held in a Municipality, and all the powers conferred by " The Ballot Act of 1862," and any Act amending that Act, on a Returning Officer in case of an election, and shall preside at the taking of the poll: Provided that he may appoint deputies to preside at the polling-places where he does not preside personally:

rr. The

2 O GEORGII V, No. 1067.

The District Railways Ad.-1 91 1.

PART l*l.

11. The Council shall appoint a polling-place or polling-places in

the district for such poll, and where the district is divided

into wards shall appoint a polling-place in each ward P011iDg-p1aw8.

which is included, or part of which is included, in the

Railway Area:

XI I. The Council shall, not less than twenty-eight days before the Notic, ~011.

day fixed for the poll, cause a notice stating-

(a ) The day fixed for the poll;

( 6 ) The polling-place or polling-places appointed for

the district, or the polling-places appointed for

the several wards;

(c) The name and address of the Returning Officer; and

(d) The hours of polling,

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

IV. The Returning Officer, if it appears to him expedient, may Pollingbooths.

cause booths to be erected or rooms to be hired and used as booths for the purpose of the poll, a t the several polling- places in the district; and the same shall have such separate voting compartments as the Returning Officer deems most convenient, constructed 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 Listof ratepayers.

poll, shall cause to be furnished for use at the polling-place a copy of the assessment-book of the Council, or, if the 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 assessment-book	as relates to land within the ward; and in such copy he shall
indicate what ratepayers are entitled to vote at the poll at the polling-place for which it is furnished; and he shall certify each such copy as correctly indicating the rate- payers who are entitled to vote at the poll at the polling- place, and shall sign such certificate. Such copy of the assessment-book or any such copy of portion thereof need not contain any matter relating only to rates of any kind:

vr. The taking of the poll shall commence at eight o'clock in the H O U ~ B of polling.

forenoon, and shall continue open until all the voters present in the polling-booth at seven o'clock 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:

V I I. In respect of each polling-booth, two scrutineers to be present a - t i ~ ~.

at the voting thereat, shall be appointed by the Council:

vrrr.,The

2" GEORCII V, No. 1067.

The District Railways Act.--191 1.

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YABT 111.

vr IT. The ratepayers entitled to vote at the poll shall be those whose

names appear in the assessment-book as ratepayers in

W ~ O entitled to vote.

respect of such of the land included within t.he Railway District as is situated within the district: Provided that no person shall be entitled to vote unless he-

(a) W as a ratepayer in respect of land so included and

situated on the date of the presentation of the petition under section 6, or of the application under section 9 if the application was made without petit,ion, and

( b ) Is a ratepayer in respect of land so included and

situated on the day of the taking of the poll:

Exerciee of voting

power by body cor- IX. In case any ratable property which is included within the

porate.	Railway Area and situated within the district, is held by
Cf. M.C. Amend-	a body corporate as a ratepayer, such body corporate may,
ment Act, 833 of	by writing delivered to the Returning Officer not later
1903, S. 32.	than the fourteenth day 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 accordingly be entered upon the copy of the assessment-book or of portion thereof furnished for use at the poll, and he shall, notwithstanding anything in this section, have the same rights of voting as such body corporate would have if i t were a natural person, in addition to any right to vote which he may have on his own behalf. Except by the means provided by this paragraph no body corporate shall have any right to vote at the poll:

Number of voter.

Each ratepayer entitled to vote may vote on a scale according

to the amount of the value at which he is assessed in the

assessmeat-book in respect of land inclr~ded Area, as follows: - Not exceeding Twenty-five pounds, in the Railway

one vote; exceeding T w enty-five Pounds but not exceeding

Thirty-five Pounds, two votes; exceeding Thirt) -five Pounds but not exceeding Forty-five Pounds, three votes; exceeding Forty-five Pounds but not exceeding Fifty-five Pounds, four votes; exceeding Fifty-five Pounds but not exceeding Sixty-five Pounds, five votes; exceeding Sixty- five Pounds, six votes. No person shall have more than six votes; and except as by this section provided, no person shall have more than one vote. For the purposes of this section, where land included in the Railway Area and other land are assessed together in the assessment- book, the Council shall determine 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:

2' GEORGII V, No. 1067.

The District Railways Act.-1911.

X I. In case of joint tenancy, or tenancy in common, one person only shall vote, unless the assessed value of the property Voting in case of PUT 111.

~ ~ $ n ~ ~ ~ ~ m o n, five Pounds, of assessed value; and joint tenants, or tenants in common entitled, may vote in the order in which they tender their votes, until votes have been taken for the whole assessed value on the above basis, or all the joint tenants, or tenants in common, have voted:

exceeds Seven t y-five Pounds, and then one other joint

tenant, or tenant in common, may vote for each additional

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

respect of land included in the Railwaj Area and situated ,re,,d,

ameased in two or

in one ward and also in respect of land included in the Railway Ares and situated in another or other wards, the assessed values of all such lands shall be added together for the purpose of computing the number of votes to which he is entitled, and he shall be indicated as entitled 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 I I. Both the owner and the occupier of any ratable property ownerandocou~ier both entitled to vote.

may vote in respect thereof, but no person shall vote both

as owner and as occupier:

XIV. Subject to paragraph IX. hereof, no person shall vote more only to vote once.

than once, or at more than one polling-place:

X v. Every vo ting-paper shall bear the initials of the Returning ~ o t i n g - ~ a p ~ m.

Officer or his deputy on the back thereof, and ahall have

the following sentences on the face thereof: -

I approve of the [name] Railway being constructed in pursuance of ' The District Railways Act, 1912.' "

"I object to the [name] Railway being constructed

in pursuance of ' The District Railways Act,

191 1,' "

and shall also have a square printed opposite each such sentence; 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:

XVI. Every person entitled and desiring to rote shall present Voter c atate his

himaelf to the Returning Officer, or his deputy, a t the name, &c.

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 occupation, the nature of his qualification, and the place where the property in respect of which he claims to vote is situated. 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 a voting-paper for every vote to which he is entitled:

B-1067 XVII. Upon

2' GEORGII V, No. 1067.

The District Railways Act.-1911. p-

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xvlr. Upon receiving his voting paper or papers the voter shall

How to vote. without delay-

(a) Retire alone into some unoccupied voting compart- ment of the booth, and there in private indicate his vote by making a cross having its point of intersection within the square on his voting- paper or on each of his voting-papers opposite the sentence which expresses his wish; and

(6) Fold the voting paper or papers so as not to show in what way the vote has been given, but to show the initials of the Returning Officer, or deputy, and exhibit it or them so folded to the

. Returning Officer, or deputy, and then without unfolding, deposit it or them in a ballot box to Le 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 scrut.ineer or scrutineers after the poll:

Voter requiring	XVII I. If	any voter satisfies the Returning Officer, or his deputy,
mistance.
that he is unable to vote without assistance, the Returning Officer, or deputy, shall permit any person appointed by such voter to accompany him into the voting compartment and to mark, fold, and deposit his voting paper or papers for him:
Who allowed in

booth.	XIX. Subject to paragraph xv 111. hereof, the only persons who shall be allowed to remain in the polling-booth shall be the persons about to vote, the Returning Officer, his deputy, and the scrutineers:
What questions may	xx. No inquiry shall be permitted at the poll as to the right of

be put.

any person to vote, except as follows, that is to say:-The

Returning Officer, or his deputy, may, or if required by

voting-paper at the time of his so applying, but not any scrutineer shall, put to any person applying for a

afterwards, the following questions, or any of them, and

no other:

( 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-book now in force for the District (01

Municipality ) 1

(2) Are you the owner (or the occupier) within the

meaning of the District Councils Act (or the

Municipal Corporations Act) of the property in

respect of which you now claim to vote 1

(3) Have you already voted at the present poll 1

Provided that the Returning OfIicer or his deputy may, by reference to the copy of the assessment-book or of portion thereof or otherwise, give any information necessary to explain any of the said questions: axr. No

2" GEORGII V, No. 1067.

The District Railways Act.--1 9 1 1.

xxr. No person shall be entitled to vote unless his answer to the

first and second questions, or such of them as is put to Anewers to questions.

him, is in the affirmative, and t o the third, if put, is in the

negative:

PART 111-

xxrr. The Returning Officer, or his deputy, shall, before any vote Ballot boxea.

is taken, in the presence of one at least of the scrutineers, exhibit the ballot box empty; and shall, at the close of the poll, in the presence of one at least of the scrutineers, close, fasten, and seal the ballot box containing the voting- papers which have been deposited 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:

XXIII. At the close of the poll the Returning Officer shall fix a ~~~~~~~~~~~t

time, which shall be as soon as conveniently may be, p u.

and a place, for examining the votes and declaring the

result of the poll, 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-papere not so rejected, the total number 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:

xxxv. All voting-papers shall be preserved by the Returning Officer served. P a ~ n t o b e p ~ e -

until the expiration of three months after the publication of the certificate of the result of the poll as provided by section 25.

22. Any person who, at or in connection with any poll taken under section 2 1- Ibid., U. 12 (2).

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

one polling-place; or

(6) Personates any other person for the purpose of voting at such

p011; or

(c) Wilfully makes a false answer to any question lawfully put to him by the Returning Officer, or his deputy; or

(d) Wilfully obstructs the voting by any unnecessary delay in performing any act within a polling-booth; or

(e) Unlawfully

2 O GEORGII V, No. 1067.

The District Railways Act.-1 9 1 1.

PART III. (P) 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 section 21,

shall be guilty of a misdemeanor, and shall be liable to be im- prisoned, with or without hard labor, for any term not exceeding six months.

Provisions for poll

of owners and	23. (1) The provisions of this Part, mutatis mutandis, shall
occupiers of lnnd

not within a dietrict. but not situated in any district, who if such land were within a	apply to the owners and occupiers of land within the Railway Area,
district, would be ratepayers of such district.

(2) For the purposes of this Part-

(a) Such owners and occupiers shall be deemed to be rate- payers assessed in respect of land within the Railway Area;

b ) The Minister shall be deemed to be the Council in respect

of such ratepayers, and of the lands of which they are

owners and occupiers; and

(c) Such lands shall be deemed to be a District Council District and a constituent district, and the Minister shall be deemed to be the District Clerk thereof.

Provisions for voters

list and voting 24, (1) The Minister shall in every such case as mentioned in

places. section 23 decide what owners and occupiers are to be deemed to be the ratepayers assessed in respect of land within the Railway Area and situated in his district within the meaning of that section. His decision shall be final, and shall not be questioned in any way; and, for the purposes of the poll, a list of such ratepayers signed by the Minister shall be deemed to be the assessment-book for the Minister's district.

(2) The Minister may, in his discretion, for the purposes of the

poll, divide his district into wards

Certificates of results 25,

(1) The result of the poll, or of each poll if more than one, by the Returning Officer who presided thereat. Such certificate may be in the form of' the Seventh Schedule, or in a form to the like effect.

of separate polls.	taken in the liailway Area shall be embodied in a certificate signed
Ibid., 0. 13.
(2) The certificate, or each such certificate if more than one, shall be forwarded to the Minister, and be by him published in the Gazette, which shall, after the expiration of the period of three months immediately following such publication, be conclusive evidence of the result of the poll therein mentioned and of the validity of the poll and the perfbrmance of all conditions precedent thereto, unless the poll has during such period been declared to be invalid by the Supreme Court.
certificateaof

gate reaulte of polle. 26. (1) When the localities within the Railway Area are not

situated wholly within one district the aggregate result of the polls

Ibid., a. 14. taken

2" GEORGII V, No. 1067.

The District Railways Act.-191 1.

taken in the Railway Area, ascertained from the appropriate	*I1.
Returning Officers' certificates published under section 25, shall be embodied in a certificate signed by the .Minister.
(2) Such certificate shall be published by the Minister in the Gazette, which shall, after the expiration of the period of three months immediately following such publication, be conclusive evidence of the aggregate result of the polls taken in the Railway Area, unless any of such polls has been declared invalid within the period and in the manner mentioned in section 25.

27. ( 1) If the number of negative votes at the poll as certified exceed If negative affirmative votes

under section 25, or the aggregate number of negative votes at the votes, rsilway ,lot 60

polls as certified under section 26 (where that section applies), be proceeded

exceeds one-third of the aggregate number of formal votes cast, as

shown by the certificate of the result of the poll or polls,-

1. The Railway Area shall cease to be constituted, and the railway shall cease to be authorised, and shall not be proceeded with; and

11. The costs of and incidental to and consequent upon the

petition, the application, the Commissioner's preliminary report and plan, the notices in the Gazette, the polls of ratepayers, and any other matters incidental to or conse- quent on the constitution of the Railway Area, shall he borne by the constituent Council if only one, or if more than one, then by the constituent Councils, in such pro- portions as may have been agreed upon between them before the publication of the Minister's certificate under section 26, or, if no such agreement has been so made, then by the Council which made the application.

(2) Any Council is hereby authorised to pay out of its revenue any amount for which it is liable, whether pursuant to agreement or otherwise, under this section; and any such amount may be

recovered by action as a debt due by such Council.

(3) In addition to any other remedy of the Minister against any

Council, by virtue of this section or otherwise, for the costs of, incidental to, or consequent upon any poll taken by him, such costs may be deducted out of any sum payable, or which might be paid, to such Council, by way of Government grant or subsidy for any purpose.

PART IV. PART IV.

THE CONSTRUCTION AND MANAGEMENT O F AN

AU'I'HORISED RAILWAY.

28. When a railway has been authorised as provided by Part II., ~ ~ p ~ s i t of p l ~ n in

Surveyor-General's

then- oace.

I. If no petition for a poll is presented within the time men- tioned in section 17, or 11: ,. If

14 2" GEORGII V, No. 1067.

-

The District Railways Act.-1 91 1.

PART IV. 11. If a petition having been presented and a poll or polls having

been held, the railway has not ceased to be authorised as

provided by section 2?,

the Commissioner shall deposit the preliminary plan of the railway

in the office of the Surveyor-General in Adelaide.

Commissioner to 29, (1) Notwithstanding anything in any of the Acts incorporated

construct railwag

herewith, the Commissioner may, after the deposit of the preliminary plan of an authorised railway as provided by section 28, construct

and maintain such railway, together with all proper works and

conveniences connected therewith or for the purposes thereof, as the said railway is delineated in the said plan, or as the said railway is delineated in any plans deposited in the office of the Surveyor- General, with the consent of the Minister, pursuant to any law for the time being in force as to the deposit of plans of railways to be constructed by the Commissioner.

(2) Provided that in case the Houses of Parliament are not sitting

when any plans or books of reference are deposited in the office of

NO. 32 of 1 ~ 7 6. the Surveyor-General under section 9 of " The Railway 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.

Tenders to be called. 30, The Commissioner shall call for tenders for the construction

of an authorised 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 may deem advisable, and may accept or reject any tender; and he may construct the railway himself if no tender therefor is accepted.

Commissioner may 31. The Commissioner may work all authorised railways, and

work authorieed

railways, with usual	shall have and may exercise in respect thereof the same powers and
powers.	privileges (subject however to the same conditions), including the power to make and enforce regulations and by-laws, as he for the time has and may exercise in respect of other railways under his control, and such (if any) other powers and privileges as are prescribed by regulations made by the Governor under this Act.

F-, tolls, and 32, The Commissioner may demand for the use of an authorised

charges. railway, 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, stock, minerals, and mails, mch fares, tolls, charges, and rates as are from time to time fixed by the Commissioner in manner prescribed by any Act or Acts under which he may fix fares, tolls, charges, and rates in respect of the railways under his control.

PART

ad GEORGII V, No. 1067.

The District Railways Act.--1 91 1.

PART V.

FINANCIAL PROVISIONS.

DIVISION I.-COST OF RAILWAY.

of moneys voted by Parliament for the purposes of this Act, and the moneys voted by 33. The cost of an authorised railway shall be provided for out $ ~ + $ $ ~ ~ ~ f b

cost and expenses of maintaining and working the same shall, in	Cf. Act 962, 1908,
the first instance, be provided for in like manner.	e. 54.

tion of an authorised railway, the Commissioner shall furnish the report. 34, As soon as practicable after the completion of the construc- Commiseioner's final

Minister with a final report certifying the date of the completion Ibid., L and the cost of the railway.

35. I n estimating the cost of an authorised railway the following cost of railway.

items shall be included :- c f. A C ~ 1017, 1910,

8. 3.

( a ) The cost of constructing the railway and all works and con-

veniences connected therewith or for the purposes thereof;

( b ) The cost of purchasing or otherwise acquiring the land

required for the railway and the said works and con- veniences, and of compensating persons interested in such land or injuriously affected by the construction of the railway and the said works and conveniences;

(c) The cost of such (if any) rolling-stock and appliances as the Commissioner estimates will be required for the railway at the outset, but not including any stock or appliances used or intended to be used for other railways worked by the Commissioner;

(d) The costs of and incidental to, and consequent upon the petition, application, Commissioner's preliminary and final	reports, plans, sections, and specifications, the notices in	the Gazette, the poll or polls (if any) of ratepayers, and
all other matters incidental to the constitution of the Railway Area and the authorising of the construction of the railway; and

(e) All other incidental expenses (if any) in respect of the above- mentioned matters or any of them.

36. The Minister shall, by notice in the Gazette, publish the Commissioner's

Commissioner's final report; and such notice shall be conclusive as in oGMtr., report to be publiehed

to the matters contained therein, including the date of the corn- lso8,

pletion of the railway, and the cost thereof, notwithstanding that	U
such cost differs from any previous estimate of the cost.

DIVISION 11.-RAILWAY FUND AND ACCOUNTS. DIVISION 11.

37. A special fund shall be constituted in respect of an R a i l w a y ~ u n d t o b ~

authorised railway, and shall be held by the Treasurer of the said cOMtitu*-

State.

2' GEORGII V, No. 1067.

The District Railways Act.-1911.

State. Such fund shall be called The Railway

Fund," the blank being filled in with the name of the railway.

separate account to

be kept for the pur- 38. (1) An account shall be kept by the Commissioner of the

p e a of the Act.	particulars, and in the manner stated in sections 39 and 40 in respect of an authorised railway; and an abstract of such account for every year shall be published by the Commissioner in the Gazette within three months after the end of such year.
(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 Commissioner, or which he is required to keep, for other purposes.
in the account.

What to be credited 39. (1) All earnings in respect of an authorised railway or of

any part thereof, all moneys received by the Commissioner in respect of the railway under section 71, and all penalties recovered by the Commissioner for breaches, in connection with the railway, of any regulations or by-laws made by him under the power con- ferred by section 31, shall be credited by the Commissioner in the accounts by this Act required to be kept in respect of such railway.

(2) All creditings made by the Commissioner for the purposes of this section shall be final and conclusive for the purposes of this Act.

What to be debited 40. (1) In the accounts by this Act required to be kept in

in the account. respect of an authorised railway, the Commissioner shall debit as the first charge, to be paid to the Treasurer, interest at the rate of four per centum per annum on the cost of the railway, and interest at the same rate on any overdue interest, and, as a further charge, the working expenses in respect of the railway.

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

I. The expenses (including wages) of and incidental to the

carriage, loading, and unloading of goods, stock, minerals,

parcels, mails, and passengers on the railway;

11. Kent for the use on the railway of such of the Commissioner's rolling-stock as is used on any other railway or railways worked by the Commissioner, such rent being calculated according to the time that such stock is on the railway;

nr. Interest at four per centum per annum upon the cost of any rolling-stock and appliances provided by the Commissioner from time to time for the railway exclusively (and not for other railways as well), but not including any stock or appliances the cost of which has been included in esti- mating the cost of the railway under section 35 ;

W. The expenses of maintaining and repairing the railway, and

the works and conveniences connected therewith or for the purposes thereof; v. Tbe

' 2 GEORGII V, No. 1067.

The District Railways A&.-1911.

PART v.

v. The expenses of maintaining and of repairing the rolling-

stock and	appliances used exclusively	for the railway;	D I V I ~ J O X	11.
and

VI. Such amounts annually as will be sufficient to repay the cost

of all rolling-stock and appliances provided by the Com-

missioner from time to time for the railway ~xclusively

(including any stock and applia~~ces the cost of which has

been included in estimating the cost of the railway) within

periods of fifteen years, calculated from the last day of the

years in which the respective expenditures of such cost

take place.

but shall not include-

I. Any amounts paid by the Commissioner in respect of personal injuries suffered by passengers, employhs of the Commissioner, or other persons on the railway, whether whilst travelling or not;

11. Any amounts paid by the Commissioner in respect of damages

to property through fires caused by. running trains on the

railway; or

r r r. The expenses of repairing rolling-stock or appliances

damaged or destroyed on the railway otherwise than by

ordinary wear and tear.

(3 ) In all cases the decision of the Commissioner upon the ques-

tion whether any item is or is not a working expense in respect of the railway shall be final and conclusive for the purposes of this Act.

41, (1) The accounts by this Act required to be kept in respect accountl to be

of an authorised railway shall be balanced on the thirtieth day of	annu*.
June in each year.

(2) Whenever on balancing such accounts there appears to be a Credit balance in

credit balance for the year, the amount thereof shall be carried by ~ ". ", " ~ ~ ~ ~ ~ be

the Commissioner to the credit of	the special fund constituted in R d w a y ~ u n d.
respect of the railway.

(3 ) Whenever on balancing such accounts there appears to be a HOW debit balance in

debit balance for the year, the amount thereof shall be debited in	to be
the account of the said special fund. If after such debiting the said fund shows a debit balance, the amount thereof shall be made good, in manner hereafter in this Act provided, by the rating authority appointed in respect of the railway.

42, Whenever under the provisions of section 41 a debit balance commissioner to

is to be made good by a rating authority, the Commissioner shall makerequi8iti0n*

serve upon such authority a notice in writing signed by him, stating

the amount of such balance, and requiring such authority to pay

the said amount to the Commissioner, and to declare and collect a

railway rate for the purpose of raising such amount.

C- .l067 DIVISION

2" GEORGII V, No. 1067. --

-

The D&& Railways Act.-1 91 l.

PAET v.

DIVISION 111. DIVISION I I I ~ V A L U A T I O N OF LANDS FOR RATING PURPOSES.

Preliminary

valuation for ratee. 43. For the purposes of railway rates, the rating authority

Cf. Act 962, 1908, appointed in respect of an authorised railway shall, within two

S. 67 (1). months after the completion of such railway, and also within two months after the expiration of six months next after every general assessment of land for the purposes of land tax in the said State, cause to be made a preliminary valuation of the unim- proved value of the lands within the Railway Area of the several landholders, including in such valuation the amount of enhance- ment of value in consequence of the railway.

Notice in the Gazette. 44. (1) After making any such preliminary valuation, the rating

Cf. ibid., 8. Q7 (2).	authority shall set the same forth in a notice published in the Gazette, and shall publish in a newspaper (if any) circulating in the area, a notice stating that such valuation has been made, and the date of the Gazette in which the same is set forth.
(2) The notice in the Gazette may be in the form in the Eighth Schedule.
(3) The Gazette containing such notice shall be conclusive as to such preliminary valuation.

Objection to the 45. (1) Any landholder may, within two months after the

valuation.	publication in the Gcrzette of the notice of the preliminary valuation,
Cf. ibid., a. 68.	object to the valuation of his land thereunder. The objection shall be made by notice served on the rittinp authority, and shall be in the form in the Ninth Schedule, or in a form to the like effect.
(2) Proof of the llosting of the notice of objection as a registered letter addressed to the clerk of the rating authority at the office of
such authority shall be sufficient evidence of the service thereof.

Determination of 4.

(1) Every objection shall be considered by the rating less than seven days after the posting of such notice, and at a place fixed by such notice: Provided that the consideration of any objection may be adjourned from time to time and from place to place as such authority deems convenient.

objection. authority at a time fixed by notice posted to the objector, not being

Cf. ibid., a. b9.

(2) The objector may attend any meeting of the rating authority

held to consider his objection, and may produce such evidence

as such authority deems relevant.

(3) The rating authority may make any inquiries they deem necessary, and inform themselves in such manner as they deem fair, for the purpose of determining the objection, and shall not be bound to observe any rules of evidence or procedure.

(4) The rating authority shall consider the objection arid determine the same as they find to be fair and equitable, and may confirm or increase or decrease the amount of the valuation, and may, if the amount is confirmed or increased, order the objector to

Pay

2' GEORGII V, No. 1067.

The District Railways Act.-l91 l.

pay the costs occasioned by the objection; and the costs so ordered PART V.

D1v1810~ II1.

may be recovered in any court of competent jurisdiction as a debt due to the rating authority, or in the same way as a railway rate declared by such authority.

( 5 ) The determination of the rating authority shall be final and not subject to any appeal or to be questioned in any way.

47, If upon the consideration of any objection to the prelimi- Adjustment of valuation.

nary valuation the amount is altered, the rating authority shall cr.	so.
adjust the valuations of other lands as may be found necessary.

48, (1) The rating authority shall forthwith, after the time for pinal vRluation.

objecting has expired, if no objection is pending, or if any objection cf.

ibid., a. 61.

is then pending, then forthwith after the determination of all

objections, make their final valuation.

,

(2) The rating authority shall set forth their final valuation in a notice published in the Gazette, and shall publish in a newapaper (if any) circulating in the Area a notice stating that such valuation has been made, and the date of the Gazette in which the same is set forth.

(3) The notice in the Gazette may be in the form in the Tenth Schedule.

(4) The Guzette containing such notice shall be conclusive as to the final valuation.

49. If in any case the rating authority fails to discharge or Commiaaioner may

carry out any duty by this Division or section 59 imposed on such ~ & B 4 ~ ~ ~ h ~ e f 8 U 1 t

authority, the Commissioner may discharge and carry out such duty the rating authority.

and, for that purpose, he shall have and may exercise all the rights,

powers, duties, and functions by this Act conferred or imposed

upon such authority, and all things done by the Commissioner shall

be of the same effect as if done by such authority.

50, (1) On the service upon a rating authority of a notice under h i l w a y rate0 to be declared and

section 42, such authority shall forthwith declare a railway rate collected by rating

upon all the land within the Railway ,Qrea, and shall, with all authority.

practicable speed, levy and collect such rate.

(2) The rate to be declared as aforesaid shall, at the least, be such as will be sufficient to produce the amount of the debit balance specified in the said notice under section 42, and to meet the other payments mentioned in section 55.

61. (1) The rating authority shall, as soon as practicable after Noticeof rate.

declaring the railway rate, publish in the Gazette a notice setting Act 190a

forth the amounts of the railway rate to be paid by the several 6. 62.

landholdera, which amounts shall be determined upon the basis of

the

20 ' 2 GEORGII V, No. 1067.

- The District Railways Act.-191 1.

PART v- the final valuation made by such authority which is for the time being

D ~ v l a ~ o ~	Iv.	in force, and also stating the date upon which the rate is to be paid, and shall publish in a newspaper (if any) circulating in the Area a notice stating that such rate has been declared, and the date of the Gazette in which the first-mentioned notice is published.
(2) The date upon which the rate is to be paid shall not be earlier than twenty-one days from the date of the publication of the notice in the Gazette, nor later than forty-two days from the last-mentioned date.
(3) Such notice may be in the form in the Eleventh Schedule, or in a form to the like effect, and shall be conclusive evidence of all matters set forth therein, and, except in proceedings to quash such rate, of the validity thereof.

charge on the land. 52. (1) The amount of the railway rate payable by each lsnd-	Rate to be a firet
cf. 962, 1908, 63 holder shall be a debt due from such landholder to the rating
(1). authoritv. and shall be a first charge upon all the land of such land-
cf. .- 's (2)- holder which is situated within thve ~ k i l w a ~ Area.

(2) A railway rate shall become due on the day specified in that behalf in the notice in respect thereof published in the Gazette under section 5 1.

cf. ibid., B. 63 (4). (8) The charge upon the land may be enforced by the rating

NO. 380 of 1886,	authority as if it were a mortgage under	The Real Property Act,
1886," duly registered thereunder.

Recovery by distrers.	53. In addition and without prejudice to any other remedy, a rating authority may recover the amount of any rate due to it from any landholder which remains unpaid for three months after the same has become due, by distress and sale of any goods and chattels on any land upon which the rate is charged; or such amount may be recovered in any court of competent jurisdiction by action in the name of the rating authority, or in a summary manner
Ibid., e. 65.
before a Special Magistrate or two Justices, from the landholder of such land for the time being, and no statute of limitations shall
affect any such action or proceeding.
Remedies for
reoovery of ordinary	54. Without derogating from the preceding provisions of this Act, it is hereby declared that the same proceedings,mutatis mutandis, including moceedings for the letting or sale of land, may be taken by a rating authority for the recovery of a railway rate (whatever may be the amount thereof) declared by such authority on any land within its Railway Area as if the landholder of such land were a ratepayer and the rating authority were a District Council; and this section shall apply notwithstanding that the landholder is not a ratepayer of any constituent district.
rate0 to apply.

Application of 65. (1) Every rating authority shall cause to be kept a separate

r tu lwq ratae. and distinct account of all moneys rltieed by railway rates.

(2) Suoh

2' GEORGII V, No. 1067.

The District Railways Act.-191 l.

- - - -

(2) Such moneys shall be applied in the following manner:- PABT V.

UIVIB~ON IV.

Firstly-In

payment to the Commissioner of all amounts re-

quired by him to be paid by the rating authority by notice

under section 42, and

Secondly-In payment of all costs, charges, and expenses of

such authority in connection with declaring, levying, and collecting railway rates, and all other costs, charges and expenses of and incidental to the maintenance of the rating authority and the execution by such authority of the powers, authorities, duties, and obligations conferred or imposed by or under the provisions of this Act.

(3) If any railway rate produces more money than is immediately required for the purposes mentioned in subsection (2) of this section, the surplus shall he held by the rating authority as a fund applicable towards similar purposes in the future.

56, (1 ) If in any case the amount required by the Commissioner's sition If amount not paid of rqui- wlthin

notice under section 42, is not fully paid to the C'ommissioner ,iXmunth8 Commicl-

within six months from the service of such notice, the Commissioner 6ioner notice or declare publish rate.

may publish in the Gaz~tte a notice in the form No. 1 in the Twelfth Schedule, or in a form to the like effect; or, if a sufficient railway rate has not been declared for the raising of such amount as mentioned in snbsection ('2) of section 60, he may himself declare such rate by a notice published in the Gazette, which notice may be in the form No. 2 in the Twelfth Schedule, or in a form to the like effect.

(2) When the Commissioner declares a rate under this section he shall, in addition to such publication in the Gazett~, publish a notice in a newspaper (if any) circulating in the Railway Area stating that the rate has been declared, and the date of the Gazette i n which the amounts thereof to be paid by the several landholders are set forth.

(3) A copy of the Gazette containing any notice published under this section shall be conclusive evidence of all matters set forth therein, and, except in proceedings to quash a rate declared under this section, of the validity thereof.

57, Upon the publication of a notice under section 56, all the Transfer to Commis-

rights and powers of the rating authority in reference to the ,.ightafOr remrery of sioner of Counoil's

rate.

recovery of rates, including the letting or sale of land for non- or any person authorised by him in that behalf, may exercise any power and do any act which could before such publication, or could if the rate had been declared by the rating authority, have been exercised or done in reference to the recovery of any such rates by such authority or by its clerk, or any collector, receiver, or other officer of, or person acting under the authority of, the rating authority.

payment of rates, shall, as regards the railway rate mentioned in or

declared by such noti:e, be trassferred to and become vested in the

-- 2' GEORGII V, No. 1067.

P a a ~ v. The District Railways Act.-1 91 1.

DIVISION IV. -

-

Appropriation of

rates received by the 58. The amount of any railway rates received by the Com-

Commiseioner.

missioner from a rating authority, or recovered under the powers

conferred by section 57, sha.11 be applied in the following manner :-

Firstly-In reimbursing to the Commissioner the costs of notices in respect of the railway under section 42 and of anything done by him in respect of the railway under sections 56 and 57;

Secondly-In the payment to the Treasurer of any interest due

to him in respect of the railway under section 40;

Thirdly-In reimbursing to the Commissioner the working expenses of the railway; and

Fourthly-Any surplus shall be paid to the credit of the special

fund constituted in respect of the railway.

ate may be declared	59, If during any year ending on the thirtieth day of June no authority may declare a railway rate upon the land within its railway area for the purpose of meeting the costs, charges, and expenses
for meetmg the
expenses of the	notice under section 42 has been served on a rating authority, such
rating authority.
mentioned in the second paragraph of sub~ect~ion (2) of section 55,
and may levy and collect such rate and apply the same in payment of such costs, charges, and expenses, and any surplus not required for that purpose shall he held for the purpose mentioned in sub- section (3) of that section.

PABT m. PART VI.

MISCELLANEOUS.

In m e of mono- 60, (1) In any case where the railway proposed in an application

railway worked by under section 9 is a mono-railway and the proposed motive power

animal power the

functions to be per -

Commissioner's	is animal power, the application shall be referred to the Enginee~
formed by the	instead of to the Commissioner, and the duties and powers imposed
Engineer of Roads
and Bridges.	and conferred upon the Commissioner by section 10 shall be dis- charged and exercised by the Engineer instead of by the Com- missioner.
(2) When a mono-railway with animal power has been authorised or constructed under this Act, all the duties, rights, powers, and functions imposed and conferred upon the Commissioner by this Act, or by the Acts incorporated with this Act, shall, in respect of such railway, be vested in and be discharged, exercised, and yer- formed by the Engineer instead of by the Commissioner: Provided that, in such case, the provisions of section 66 shall apply only where both the authorised railways are mono-railways worked with animal power.

(3) For the purpose of giving effect to this section, all references

in this Act to the Commissioner shall, in the cases mentioned in

subsections

2' GEORGII V, No. 1067. -

T h District Railways Act.-1 9 1 1.

PART vr,

subsections (1) and (2) of this section be read as references to the

Engineer: Provided that-

I. The word "Commissioner" at the end of subsection (1) of section 29 shall still be read as " Commissioner "; and

1 1. The words "he" and "his " in sections 31 and 32 shall still

be read as referring to the Commissioner.

61, (1) The Minister may at any time and from time to time, Amendments to Miniater's declaration

and notwithstanding any proceedings taken or anything done pursuant to or consequent on a notice published under section 12 or

16, by notice published in the Ganerte, make such amendments or

alterations of or additions to the said notice as he thinks proper.

(2) Upon such publication the amendments, alterations, or addi-

tions so made shall be deemed to be incorporated in and to form

part of the said notice, as if they had been originally included

therein: Provided always that-

I. Such amendments, alterations, and additions shall not affect any right granted or accrued, liability incurred, duty im- posed, or thing done or omitted to be done under or pursuant to the said notice before such amendments, alterations, and additions were made, or any legal or other proceedings commenced or to be commenced with respect to any such matter or thing:

n. All such matters and things, so far as practicable and so far as consistent with such amendments, alterations, and additions, shall be preserved and continued and of the same force and effect as if they had been made or done under the said notice with such amendments, alterations, and additions incorporated therein.

62, (L) The Minister may at any time, by notice in the Gazette, Appolntmentof clerk, and office of

appoint a clerk and an office for any rating authority, and may from mtingauthority.

time to time, by notice in the Gazette, vary any such appointment.

(3) Every clerk so appointed shall, for the purposes oP this Act, exercise and be liable to perform the same powers, authorities, duties, and obligations, mutatis mutandis, as he might exercise and be liable to perform if such rating authority were a District Council and such clerk were a district clerk under the District Councils Act.

(3) Where i t may be requisite to serve any notice, summons, writ, or other legal proceeding upon any rating authority, service of

a copy thereof upon the clerk of such authority personally or by

leaving the same a t the office so appointed shall be deemed sufficient

service on such authority.

$3. Within the meaning of any Act incorporated with this Act ~ u t h o h d n i lw

to be deemed a

an authorised railway ahall be deemed to be -

railway to be con-

structed at the

(a) A railway authorised to be constructed a t the public expense, pubficexpanae.

(4 A

24 2 O GEORGII V, No. 1067.

The District Railways Act.-1911.

PART vi.

-	( b ) A railway by this Act authorised to be constructed, and
(c) An undertaking authorised by this Act:

Provided that for the purposes of section 13 of " The Lands Clauses Consolidation Amendment Act, 1881," there shall be deemed to be no special Act.

Method of detsrmin-

ing pumhaee-money 64. With respect to any land purchased or taken by the Com-

and compensation for	missioner for the purposes of this Act, or with respect to which he
land taken.	exercises for such purposes the powers conferred by section 4 of " The Railways Clauses Act. 18'76," if the amount of compensation to be paid to any owner thereof is not determined by agreement in writing, signed by or on behalf of snch owner and the Com- missioner within twenty-one days after the Commissioner has given notice to such owner, as reauired bv section 18 of "The Lands
No. 6 of 1847.	Clauses consolidation' Act," ;hat he *requires to purchase or take such land, or that he desires to have the compensation for the exercise of the said powers fixed, as the case may be, the amount of compensation shall be determined by arbitration in the following manner :-

Notice to at bitrate I. The Commissioner may give notice in writing to such owner

and appointment of of his intention to have the compensation set.tled by arbitra-

arbitrator by C)m-

missioner. t,ion, and may, by 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:

Appointment of Ir. Such owner may, within twenty-one days after the giving of

arbitrator by owner.

- 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 euch owner:

Notice of appoint-

ment deemed a sub- I I 1. Each such notice nominating and appointing an arbitrator,

mission.	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 in writing of the other party, nor shall the death of either party operate as a revocation:
ment by owner

In default of appoint- IV. Unless such owner, within twenty-one days after the giving

arbitrator appointed	by the Commissioner as aforesaid of notice nominating and
by commissioner to
act alone.	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 appoint the arbitrator nominated and appointed by him to act on behalf of both parties; and such arbitratcr shall proceed to hear and determine the matter, and shall give his award determining the price and compensation (if any) to be paid: v. All

2" GEORGII V, No. 1067.

The District Railways Act.-191 1.

PART ~ 1.

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

Lands Clauses Consolidation Act " shall, mutatis mutandis, PIGGZGG

apply with respect to the determination of the corn- um*ire~vacancie'~~c~

pensation:

V I. No notice, appointment, or award made under this section ~; ~ $ ~ ~ y n o t h

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

matter of form:

be final.

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

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:

v I r r. A submission to arbitration under this section shall have the Erect of submission

and award.

same effect as if it had heen made an order of the Supreme 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. In this section-

(a) The word " owner" includes, with respect to any land, Meaning of '<owner" and '' land."

any person having any estate or interest (legal or equitable) in the land, or any easement, right, power, or privilege in, under, over, affecting, or in connection with the land, or by the " Lands Clauses N ~.	6 of 1847.
Consolidation Act " enabled to sell and convey,
estate, interest, easement, right, power, or privi-	t~ansfer, release, assign, or otherwise assure such	lege; and

( b ) The word land" includes any estate or interest

(legal or equitable) in land, or any easemen t, right, or privilege in, under, over, affecting, or in con- nection with land.

Junctions with other

65. (l) In any case where- railways.

I. A Government railway passes through or forms one or more

boundarie~l of a Railway Area, or

11. An authorised railway of another Railway Area forms one

or more boundaries of a Railway Area,

the Commissioner may, if he deems it practicable and advisable, a t the request of the rating authority of the Railway Area, in such a case as mentioned in subdivision I. of this subsection, or of the

D-1067 rating

26 2" GEORGII V, No. 1067.

The District Railways Act.-191 1.

PART - rating authorities of the two Railway Areas, in such a case as

- - --

mentioned in subdivision 11. of this subsection, and with the consent in either case of the Minister, join the authorised railway of the first-mentioned Railway Area on to such Government railway or to the authorised railway of such other Railway Area, as the case may be.

(2) The Commissioner may construct any extension of any existing railway which may be necessary to effect the junction, and shall for that purpose have all the sarni powers and privileges as if such extension were ati authorised railway.

(3) The costs of and incidental to the junction and any such extension shall be added to, and be deemed t o be part of, the cost of the a~t~horised railway of the Railway Area within which the junction and such extension (if any) are made, and shall be taken into account in estimating the interest to be debited under section

40 in respect of such railway.

Miniater may con- 66. ( 1 ) In order to experiment and make demonstration as to

mono-railway. structa?experimental the suitability of mono-railways for the purposes of this Act, i t

shall be lawful for the Minister to construct, maintain, manage, and work a rnono-railway in such part of the said State as he deems convenient.

(2) For the purposes of the construction and maintenance of such railway, the acquisition of any lands required therefor, and all other purposes preliminary or incidental to or consequent on such construction and maintenance, and for the purposes of the management and working of such railway, all the duties, rights, powers, and functions imposed and conferred upon the Commis- sioner by this ,4ct, or by the Acts incorporated with this Act, shall, in respect of such railway, be vested in and be discharged, exercised, and performed by the Minister, or such person as he

appoints in that behalf.

HOW CO& of E U C ~ 67. The costs of constructing the railway authorised by section

railway to be

D W V ~ & ~.

66 and any deficiency on the working and maintenance thereof shall

be paid out of moneys voted by Parliament for the purposes of this

Act.

Ral~ways ma be 68. I t shall be lawful to construct any authorised railway, or

conetructed a ong r

roads.	the railway authorised by section 66, wholly or in part along any public street or road, and to maintain, manage, and work the same: Provided that the construction, maintenance, management, and working thereof shall be subject to anything prescribed in that behalf by regulation.
Leaeeee to pay

proportion of coat 60. (1) Where any land charged with a railway rate as mentioned

to landholder. in section 52 is subject to a lease to any person other than the land- holder of such land, such lease having been granted before the

publication

2' GBORGIt V, No. 1067.

The District Railways Act.-1 91 1.

publication in the Gazette of the notice of -such rate under section PART

51, the lessee under such lease shall pay to the landholder such cf. m, ison, 8. 64.

proportion of the rate as may be agreed between them.

(2) I n default of .agreement, the amount of the proportion to

be paid by the lessee shall be settled by the rating authority on the

application of either the landholder or the lessee.

(3) Such application shall be made by notice served on or sent by registered post to the other party and to the rating authority.

(4) The application shall be heard by the rating authority at a time fixed by notice posted to both parties, not being less than seven days after the posting, and a t a place fixed by such notice: Provided that the hearing may be adjourned from time to time and from place to place as such authority deems convenient.

( 5 ) The rating authority may inform itself in such manner as it deems fit for determining the proportion to be paid by the lessee, and shall not be bound to observe any rules of evidence or procedure.

(6) The rating authority shall determine the matter as they deem fair and eqnitable, and may order either party to pap to the other party the costs of the application, not exceeding Five Pounds; and the costs so ordered may be recovered as a debt in any court of competent jurisdiction, or in a summary manner before a Special Magistrate or two Justices.

(7) The determination of the rating authority shall be final, and not subject to any appeal, or to be questioned in any way.

70. The production of the Gazette purporting to contain any Evidence of order or notice.

order or notice or other matter under the provisions of this Act, shall be conclusive evidence of the making and publication of such order or notice or other matter and of the contents thereof.

71. (1) I n apportioning moneys voted by Parliament for the Railwa~s tobe

regarded ae main

construction and maintenance of the main roads of the State, an

in re8psct of

authorised railway shall be regarded as a main road: Provided grant-

that, in apportioning the same, regard shall not be had to the cost

of construction, but only to the cost of maintenance thereof.

(2) Moneys so apportioned in respect of an authorised railway shall not be paid to any road authority, but shall be paid to the Commissioner, and shall be paid by him to the credit of the fund constituted in respect of the authorised railway.

72.	(1) The Governor may from time to time make-	Governor may make
re~ulatione. -

I. Regulations prescribing the forms to be used for the purposes of this Act, either in addition to or in substitution of the forms in the Schedules hereto;

XI. All

2' GEORGII V, No. 1067.

The District Railways Act.-191 1.

PART VI. 11. All such regulations as are by this Act contemplated or

.p-. -

required to be made; and

111. All such regulations as may be necessary or convenient for carrying into effect all or any of the objects and purposes expressed or implied by this Act, or anything incidental to or in any way connected with such objects and purposes, or any of them.

(2) All such regulations-

Publication and	( a ) Shall be publiahed in the Gazette ;
( b ) From the date of publication, or a later date specified in the order whereby the same are made shall (subject to subsection (3) hereof), be of the same effect as if they were contained in this Act; and
(c) Shall be laid before both Houses of Parliament within fourteen days after publication, if Parliament is then in Session, and if not then within fourteen days after the commencement of the next Session.

effect.

Dieallowance by	(3) If either House of Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without affecting the validity or curing the invalidity of anything done, or of the omission of anything, in the meantime.
Parliament.
This subsection shall apply notwithstanding that the said fourteen sitting days, or some of them, do not occur in the same Session or Parliament as that in which the regulation is laid before such House.

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

this Bill. DAY H. BOSANQUET, Governor.

SCHEDULES.

2" GEORGII V, No 1067.

The LXatrict Railways Ad.-- 1911. -

SCHEIIULES.

THE FIRST SCHEDULE Sec. 2

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

sections 9, 12 to 17 inclusive, 21 to 25 inclusive, 38 to 62 inclusive, 64 to 68 in-

clusive, 110, 1 1 4 to 120 inclusive, 136, and 137.

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

Act," except sections 1, 4, and 6.

Act MO. 202 of 1881.-"The Lands Clauses Cousolidation Amendment Act, 1881,"

except sections 5 to 11 inclusive.

Act No. 1035 of 19 1 1 .- " The Landx Clauses Consolidation Further Amendment

Act, 191 1."

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

Act No. 6 of 1858, being an Act to amend c b The Railways Clauses Consolidation

Act."

Act NO. 32 of 1876.-"The Railways Clauses Act, 1876."

Act No. 414 of 1887.-G' The South Australian Railways Commissioners Act.

1887."

Act NO. 512 of 1891.--6b The South Australian Railways Commissioners Act Amendment Act, 1891 ."

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

Amendment Act, 1894.

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

Amendment Act, 1906."

Act NO. 988 of 1909.-" The South Australian railway^ Commissioners Amend-

ment Act, 1909."

(2) " The Municipal Corporations Act, 1890."

(3) " The District Councils Act, 1887."

(4) " The Local Government Act, 1910."

All Acts amending or substituted for any of the above-mentioned Acts and all Acts amending any such substituted Act.

THE SECOND SCHEDULE. Sec. 7.

FORM O F PETITION TO THE COUNCIL.

We, the undersigned, being ratepayers in the District of , hereby

request the Council of the said district to apply to the Minister for the constitution

of a Railway Area under the provisions of " The District Railways Act, 1911."

The following are the particulars :-

( a ) [The name of the proposed railway.]

(h) [ A descr+tion of the proposed railway area.]

( c ) [Full particulars of the proposed railway.]

( d ) [The proposed constitution of the controllwag authority.]

(e)	[An estimate of the cost of the proposed railway.]
( f )	[ A n estimate o f the .net revenue that may reasonably be expecled to be

yielded by the proposed railway. 1

Dated this day of , 19 .

I

Signatures of Petitioners. Addresses. Signatures of Witnemee.

--

p-

' 2 GBORGII V, No. 1067.

The District Railways Act.--1 91 l. -- -

Declaration bg Witness.

I solemnly and sincerely declare that the signature^ to the above petition opposite

which my name is signed are the genuine signatures of the persons whose signatures

they purport to be.

[Signature o f witness.]

Declared before me at , this day of , l 9 .

, Justice of the Peace.

Sec. 9.	T H E THIRD SCHEDULE.
APPLICATION OF COUNCIL.

TO the Hon. the Minister administering l'he District Railways Act, 191 1."

The Council of the District of hereby applies for the constitution of

a Railway Area under the provisions of The District Hailways Act, 1911."

The following are the particulars :-

[Here ,vet out the p r t i c u l a r s as set forth i n the Second Schedule.1

Dated this day of , l 9 .

[Signed A.B.] Clerk.

Sec. 124 T H E FOURTH SCHEDULE.

NOTICE OF APPROVAL OF RAILWAY AREA.

An application having been presented for the constitution of the Railway Ares hereinafter mentioned, I, , the Minister administering "The

District Railways Act, 1911," do hereby declare that-

( a ) I approve of the constitution of the Railway Area hereinafter mentioned.

(b) [State the name o f the ailw way.]

( c ) [Define the Rai lway Area.]

( d ) [State what are to he the constituent councils.]

( e ) [State who or what shall be the controlling authority, and a n y necessary

provisions as to the constitution of such authority.]

Dated the day of , l 9 .

The Minister administering The District Railways Act, 19 1 1 ."

Sec. 18. THE FIFTH SCHEDULE.

THE RAILWAY.

F o r m of O@ection by Ratepayers and Peti t ion f o r Poll.

We, the undersigned, being ratepayers in the District of rated in respect

of land within the Railway Area, do hereby object to the construction of the proposed railway, and pray that the question be submitted to a vote of the ratepayers in the Railway Area.

Dated the day of , l 9 .

Signatures of Objectors. Addresses. / Signaturea of Wtneaapa.

' 2 GEORGII V, No. 1067.

The District Railways Act.-191 1.

Declaration by Witness.

I solemnly and sincerely declare that the signatures to the above petition opposite to which my name is ~ i g n e d	are the genuine signatures of the persons whose signa-
tures they purport to be.

[Signature of witness.]

Declared before me at , the day of 19 .

, Justice of the Peace.

T H E SIXTH SCHEDULE. Sec. 19.

THE RAILWAY.

Notice of Petition for Poll.

The Council of the District of hereby gives notlce that a petition

has been presented for a poll of ratepayers in the Railway Area, and hereby certifies that the said petition is in due form and is signed by not less than twenty ratepayers of the said district, who are rated in respect of land within the Railway Area.

Dated the day of , 19 .

[ A. B. , ] Town Clerk (or District Clerk).

T H E SEVENTH SCHEDULE. Sec. 25.

THE RAILWAY.

(Ikrtzjhte of Result of Poll.

I, [name of returning oficer], certify that a poll taken on the day

of, 19 , in the District of [name of district] on the question whether the above-mentioned railway shall be constructed in pursuance of "The District Railways Act, 19 1 l," resulted as followe :-

Number of votes in approval of the railway being

constructed ..................................

Number of votes in objection thereto .. .. .. .. .. .. ..

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

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

Dated this day of , 19 .

[Signature] Returning Officer.

T H E EIGHTH SCHEDULE. S e c. 44.

THE RAILWAY.

Preliminary Notice of Valuation.

I'he controlling authority has made the following preliminary valuation of the unimproved value of the land of the several landholdera in the Railway Area under the provisions of "The District Railways Act, 1911":-

--

Section or Block and

Name of Landholder. Hundred. Amount of Valuation.

John Smith .................. I 94, Grey f3

l I

W illiam Jonee ................ 110, Gxny

Dated the day of , 19 .

Clerk of the Rating Authority.

THE

2" GEORGII V, No. 1067.

The District Railways Act.-1 91 1.

T H E IVlNTH SCHEDULE.

THE RAILWAY.

Notice of Objection to Valuation.

Take notice that I object to the amount of the valuation of my land made for the purposes of the [here describe ra i lway by a name i t ia known by, or otherwise shortly and auficiently identffy i t ] by the preliminary ruluation of the controlling a!~thority, on the ground that such amount is too high.

Dated the day of , 19 .

[Signature o f objector.]

[Address and occupatron.1

Sec. 58. THE TENTH SCHHL)ULE.

THE RAILWAY.

Final Notice o f Valuation.

The rating authority has made the following final valuation of the unimproved value of the land of the several landholders in the Railway Area under the provisions of &'The District Xailways Act, 1911":-

Section or Block and

Name of Landbolder. Hundred. Amount of Final Valuation.

- - P-

.- - - --F-- F

John Smith .... .. .. .. .. .. .. 94, Grey £

William Jones ................ 110, Grey S

, Clerk of the Rating Authority.

Sec. 51	THE ELEVENTH SCHEDULE.
THE RAILWAY.

Notice of Rai lway Rate.

The controlling authority has this day declared a railway rate in respect of the above railway pursuant to "The District Kailwajs Act, 1911." The amount of the rate to be paid by each landholder, and the date upon which the rate is to be paid, are set out hereunder; and such landholders are to make payment accordingly a t the

office of the said authority at [s ta te where si tuated.]

Name of I ,andbolder. Amount of Rate. Date when Rate to be paid.

Dated this day of , l 9 .

Clerk of the Rating Authority,

THE

2' GEORGII V, No. 1067.

T H E TWELFTH SCHEDULE. 8ec. 66.

FOBM No. 1.

THE RAILWAY.

Notice to Pay Railway Rate to Railways Commissioner.

Notice ia hereby given that all moneys unpaid in respect of the railway rate declared by the rating authority on the day of 19 ,

are to be paid to the South Australian Railways Commissioner at Adelaide.

Dated this day of 19 .

The South Australian Railways Commiseioner.

FORM No. 2. Sec. 56.

THE RAILWAY.

Notice of Railway Rate declared by Railways Commissioner.

Notice is hereby given that on the day of 19 ,

the South Australian Railways Commissioner, pursuant to "The District Railways Act, 1911," served on the rating authority a notice requiring the payment of the sum of, and that the rating authority not having declared a railway rate tc produce the said sum as required by the said Act, the aaid Commissioner, in exercise of his powers in that behalf under the mid Act, hereby declares a railway rate in respect of the above Railway, and pursuant to the said Act. The amount of the rate to be paid by each landholder, and the date when the rate is to be paid, are set out hereunder; and such landholders are to make pay- ment accordingly to the South Australian Railways Commissioner a t Adelaide.

Name of Landholder. 1 Amount of Rate. I Dab when Rata to be paid.

Dated the day of 19.

The South Australian Railways Commissioner.

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Adelaida : By Authority, R. E. E. ROGER~, Government Printer, North Terrace.

G 1 0 6 7