The Dry Creek and Port Adelaide Railway Deviation Act 1911 (SA)

ANKO SECUWDO

GEORGII V REGIS.

A.D. 1911.

No. 1051.

An Act to authorise the altering of the Position of the Terminus at Port Adelaide, and the Route, of the Railway constructed under the " Dry Creek and Port Adelaide Railway Act, 1866," and for other purposes.

[Assented to, December 7th, 1911.1

E it Enacted by the Goverxm oi the State of South Australia,

]B with the advice and conseot of the Parliament thereof, as

follows:

1. (1) This Act may be cited alone as The Dry Creek and Port Bhod title.

Adelaide Railway Deviation Act, 19 1 I."

(2) The Dry Creek and Port Adelaide Railmy Act, 1866 " NO- l h f 1866-2.

(hereinafter called the principal Act ") and this Act may be cited

together as	The Dry Creek and Port Adelaide Hailway act^, 1866	I
and 1911."

2, The Acta mentioned in the Schedule to this Act, and all Acta I n ~ r p o d o n with

amending the a i d Acts or any of them, or substituted for the said other Acts.

Acts or any of fhem, so far ae- applicable to the purposes of this

Act and not inconsistent with this Act, are or shall be incorporated with this Act.

3.. In this Act- Interpretation.

Commissiciner" means the South Australian Railways Com-

missioner :

A-lohl " The

2' GEORGII V, No. 1051.

The Dry Creek and Port Adelaide Railway Deviation Act.-1911.

" The plan " means the plan deposited in the office of the Surveyor-General, at Adelaide, signed " Walter Rutt, Chief Engineer for Railways," and dated the twenty-fifth day of October: one thousand nine hundred and eleven:

The said railway " means the railway constructed under the principal Act.

Authority to alter

terminus and route at 4, The Commissioner may alter the position of the terminus a t

Port Adelaide.

Port Adelaide of the railway constructed under the princir~al Act and the route of the said r&lway, in manner shown 'on the plan,

and for that purpose, and for the purposes of working and main-

taining the said railway as altered pursuant to this Act, may con-

struct and maintain-

(a) A line of railway from a point at or near the point shown on the plan and thereon marked " C " to a point a t or near the point shown on the plan and thereon marked D," as the said line of railway is delineated in the plan, or as the said line of railway is delineated in any plans after the passing of this Act deposited in the office of the Surveyor- General, pursuant to any law fur t,he 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 as altered pursuant to this Act and any other railway, or of either of them:

Provided that in case the Houses of Parliament are not sitting a t the time when any plans and books of reference are deposited in the office of the Surveyor-General under section 9 of "The Railways

.\-o. 32	1876.	Clauses A d, 18'76," 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.

Ir'ew line to be

regarded as part of 5, When the said railway is altered pursuant to this Act the new

route and terminus thereof shall be regarded as part of the railway

the railway.	-
Extmsion Act, 1910. .

Cf. Harbor, &C.,	authorised by the principal Act.
S. 6 ('L).

Power to diecontinue	6, When the said railway is altered pursuant to this Act, or for
old

of m rterials thereof. and dinpose the 3jurpose of carrying out the alterations authorised by the Act,

Cf. Port Adelaide, the Commissioner may-

etc., Additional R. (a) Discontinue the working of the said railway from a point a t or near the point shown on the plan, and thereon marked

A C ~, 1904, S. 6.

'L A," to a point at or near the point shown on the plan,

and tliereon marked " B "; and

( 6 ) Take up and remove the part of the said railway the working

of which is so discontinued or to be discontinued; and

(c) Use the materials so taken up as he deems expedient, or sell

or otherwise dispose of such materials, or any of them, as

he deems proper. 7. Notwithstanding

2' GEORGII V, No. 1051.

The Dry Creek mid Port Adelaide Railway Deviation Act.--191 1.

7. Kothwithstanding anything in any of the Acts incorporated ing Method purchase- of determin- money

with this Act, whenever the Commissioner desires to purchase or ,d cornpeneation for

take any land for the purposes of this Act, and the amount of com- land hhen.

pensation to be paid by the Commissioner to any owner thereof is not determined by agreement i11 writing, signed by or on behalf of such owner and the Commissioner, within twenty-one days after the Commissioner has given notice to such owner, as required by section 18 of '' The Lands Clauses Consolidation Act," that he NO.

6 1847.

requires to purchase or take such land, the amount of such com-

pensation shall be determined in the following manner :-

I. The Commissioner may give notice in writing to such owner of his intention to have the compensation settled by arbitration, 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 Com- missioner:

1 1. Such owner may, within twenty-one days after the giving

of such notice appointing an arbitrator, give notwe 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:

I I I. 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 c r such submission without the consent of the other party, nor shall the death of either party operate as a revocation:

IV. 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 non~inating and appointing another arbitrator, the Cotnmissioner Inay ap- point the arbitrator nominated and appointed by him to act on behalf of both parties; and such arbitrator shall proceed to hear and determine the matter and shall give his award determining the compensation to be paid:

v. All the provisions of sections 26 to 35 inclusive of The NO. 6 of 1847.

Lands Clauses Consolidation Act " shall, muttrtis mutanrlis, apply with respect to the determination of the com- pensation:

VI. Xo notice, appointment, or award made under this section

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

matter of form:

v ~ r. Every

2" GEORGII V, No. 1051. l

The Dry Creek and Port Adelaide Railway Deviation Act.-1911.

v11. Every award under this section of arbitrators, or of a single arbitrator (in a case where it 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 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:

v1 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 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. In this sect.ion 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 or transfer or release the same, and the word

L ' land " includes any estate or interest in the land in

question:

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

sections 6 1 to 68 inclusive of "The 1,ands Clauses Con-

solidation Act," section 6 of the Act No. 26 of 1835-6,

being an ACL to amend the ' S Lands Clauses Consolidation

' No. 302 of 1881.	Act," and sections 5 to 11 inclusive of the '' Lands Clauses
Consolidation Amendment Act, 1 88 l ," shall not apply
with respect to the determination of the said compensation.

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

this Bill.

DLIY H, BOSANQUET, Governor.

' 2 GEORGII V, NO. fogt.

The Dry Creek and Port Adelaide Railway Deviation Act.-1911.

THE SCHXDULX. Section 5.

Ordinance No. 6 of 1847.-" 'She 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.-LLThe Lands Clauses Consolidation Amendment Act,

1881 ."

Ordinance No. 7 of 1847. -&' The Kailways Clauses Consolidation Act."

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

Act."

Act No. 32 of 18i6.-"The Railways 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 .l'

Act No. 612 of 1894.-'il'he South Australian Railways Commissioners Act

Amendment Act, 1894,"

Act No. 912 of 1906.-'L The South Australian Railways Commissionera Further Amendment Act, 1906."

Act No. 988 of lSc)9.-" The South Australian Railways Commissioners Act

Amendment Act, 1909."

Act No. 15 of 1866-7.-The ' * Dry Creek and Port Adelaide Railwav Act, 1866."

- . <. - - - .

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

B-1061