The Gawler to Angaston Railway Act Amendment Act 1909 (SA)

EDWARDI V11 REGIS.

No. 984.

An Act to amend " The Gawler to Angaston Railway

Act, 1907," and for other purposes.

[Assented to, Decetnbev rrth, 1909.1

HEREAS by " The Gawler to Angaston Railway Act, 1907," Preamble.

polls of ratepayers to be taken thereunder were that two-thirds or	W it is provided, amongst other things, that if the results of the
more of the votes of all the ratepayers voting approved of the railway therein mentioned being cons~ructed in pursuance of the said Act, the Governor might make an order that the said railway should be constructed in pursuance of the said Act: And whereas polls have been taken under the said Act, and more than two-thirds of the votes of all the ratepayers voting thereat approved of the said railway being so constructed, and the Governor has made an order that the said railway shall be constructed as aforesaid: And whereas ratepayers who would have been entitled, at a poll taken under the said Act, to more than three-fourths of the votes in respect of the area of land hereinafter described if such area had been included in the Railway District constituted by the said Act have signed the agreement a copy whereof is set out in the First Schedule to this Act-
Be it therefore Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as
follows:

.

1, This Act may be cited alone as " The Gawler to *4ngaston short title.

Railway Act Amendment Act, 1909 ;" and The Gawler to

Angaston Railway Act, 1907 " (hereinafter called " the principal

Angaston Railway Acts, 1907 and 1909." Act "), and this Act may be cited together as " The Gawler to

984 2, This

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The Gawler to Angaston Railway Ad Arnendrmm! Ad.-190%

Incorporation with 2, This Act is incorporated with the principal Act and all Acts

principal Act.

incorporated therewith, and the principal Act and this Act shall be

read together as one Act.

done under principal

Validity of anything 3. Neither the passing of this Act nor anything in or done under

Act not affected.	this Act shall rendrr invalid anything heretofore done under the principal Act, or affect anything hereafter to be done under the principal Act, except so far as may be necessary for giving effect to this Act.
Schedule to have

Agreement in Firat 4. The agreement mentioned in the First Schedule to this Act

effect of poll.	shall be deemed to have the same effect as if the polls taken, pur- suant to the provisions of the principal Act, had been taken of the ratepayers who, if the area of' land defined in the plan in the Second Schedule to this Act had been included in the Railway District as defined by the principal Act, would have been entitled to vote at such polls as well as of the ratepayers who were under the principal Act entitled to vote at such polls, and as if the results of such polls had been that two-thirds or more of the votes of all the ratepayers voting approved of the railway being constructed in pursuance of the principal Act.
Power to construct
extension of railway	5. The Commissioner may, in addition to the railway, works, and conveniences authorised by the principal Act, construct and main- tain-

I.	An extension of the said railway to such point in the township of Angaston as he deems proper, as the said extension is delineated in the plan deposited in the office of the Surveyor-General, in Adelaide, signed Walter Butt, Chief Engineer for Railways," and dated the seventeenth day of November, one thousand nine hundred and nine; or as the said extension is delineated alone or with the said railway in any plans after the passing of this Act so	deposited, pursuant to any law for the time being in force
as to the deposit of such plans; and

1 1. All proper works and conveniences connected with, or for the

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

either of them:

Provided that in case the Houses of Parliament are not sitting at the time when any plans and books of reference are deposited in the office of the Surveyor-General under section 9 of G The Railways Clauses Act, 1876," the Commissioner may make deviations undcar 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 Yarliament within fourteen days after the next sittings of' such Houses respectively.

~flereaseof authorbed 6. Section 6 of the principal Act is hereby amended by sub-

&' stituting the words " Forty-four '' for the word " Fourteen " in the last line thereof. 7. (1) Except

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The G a w k to Angaston Railway Ad Amendment Act.--l909.

P

7. (1) Except for the purposes of any thing done under the Extension of railway

principal Act before the passing of this Act, the said extension shall Lb;pod

Pm

be deemed to be part of the railway by the principal Act authorised to be constructed; and, except as aforesaid, or where the context requires a different construction, the meaning of the word " railway," wherever used in the principal Act, is hereby extended so as to include the said extension: Provided that nothing in this Act shall affect any contract heretofore made for or with reference to the construction of the said railway, and that the Commissioner need

not call for tenders for the construction of the said extension.

(2) Without in any way diminishing the effect of this section, it is hereby declared that, except as aforesaid, the word '' railway," wherever used in the principal ,Qct, shall have the meaning assigned to it by this setltion for the purposes of estimating the cost of the railway and the interest thereon, the accounts of receipts and working expenses to be kept under section 18 of the principal Act, and the railway rates to be declared under the principal Act.

8. (1) Except for the purposes of any thing done under the principal Additional area

Act before the passing of this Act, the area of land defined in the district.

added to the railway

plan in the Second Schedule to this Act and enclosed within the outer edge of the green line shown on such plan is hereby added to and shall he deemed to be situated and comprised within " The Angaston Railway District " constituted by the principal Act; and, except as aforesaid, the meaning of the expression the " Railway District," wherever used in the principal Act, is hereby extended so as to include the said area of' land.

(2) Without in any way diminishing the effect of this section, it

is hereby declared that the ratepayers in respect of all the land within the Railway District as extended by this section shall be liable to pay the railway rates to be declared under the principal Act.

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

this Bill.

DAY H. BOSANQUET, over nor.

THE

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The Gawler to Anyaston Railway Act Amendment Act. - 1909.

THE SCHEDULES.

THE FIRST SCHEDULE.

Copy of Agreement.

Sec. 4.	We the undersigned ratcp.rlyers resident in that portion of the District of Angaston marked green in the plan attached hereta and not included in the Railway District defined by the Oawler to Angaston Railway Act No. 942 of 1907 in consideration of the line being extended to the station site in the Town of Angaston unanimously approved at a meeting of ratepayers held at Angaston Institute on the twenty-fifth day of Map 1909 hereby agree to join with the ratepayers in the portion of the district already included in the provisional guarantee required by the said Act and assented to by the ratepayers at a poll held on the fifteenth day of March 1908.
[Here follow the signatures of ratepayers, particulars of properties assessed, annual assessment ralues, and numbers of votes to which the signatories would have been entitled under the principal Act.]
I hereby certify that the total number of votes in the addition to the Gawler and Angaston Railway District and marked green in the plan attached hereto is one hundred and eighty-eight (188) and that the signatures on the three sheets attached are those of riitepayers representing one hundred and fifty-one (151) votes-equal to three-fonrths of the total number.

Dated this 26th day of October, 1909.

(Signed) JOHN DALLWITZ,

Clerk, District Council of Angaston.

P h e plan attached to the agreement is u copy of the plan in the Fifth Schedule to the principal Act. with the area of land mentioned in section 8 of this Act. indicated by a green boundary line.]

THE SECOND SCHEDULE.

PLAN

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Adelaide: By authority, R. E. E. Roo~ae, Acting Government Printer, North Terrace.