The Grange and Henley Beach Railway Alteration Act 1911 (SA)

GEORGII V REGIS.

No. 1041.

An Act to authorise the altering of the position of the Terminus at Henley Beach, and the Route, of the Railway authorised by "The Grange and Henley Beach Railway Act, 1898," and for other purposes.

[Assazted to, October &h, I g I I .]

E it Nnacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Farliament thereof, as

1, ( l ) This Act may be cited alone as " The Grange and Henley ~ho1.t titles.

. A-1001

Beach Railway Alteration Act, 1911."

The Grange and Henley Beach Railway Act, lb98 " (here- no. 69s .f 189s.

inaf'ter called the principal Act ") and this Act may be cited (2)

together as "The Grange and Henley Beach Railway Acts, 1898

and 191 1." I

2, 'The Acts mentioned in the Schedule CO this Act, and all Acts Incorporation with

amending the said -4cts or any of. them, or substituted for the said other Acts.

,4cts or any of them, so far aa applicable to the purposes of this Act

and not inconsistent with this Act, are or shall be ir~corporatecl with

this Act.

3. In this Act- Interpretation.

Commissioner " meane the South Australian Railwaye Com-

missioner:

" The

'	2	GEORGII V, No. 1041.
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The Grange and Henley Beach Railway Alleration 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-first day of July, one thousand nine hundred and eleven:

The said railway" means the railway authorised by the principal Act.

Authority to alter

terminus and route 4. The Commissioner may alter the position of the terminus at

at Henley Beacb. Henley Beach of the railway authorised by the principal Act and the route of the said railway, in manner shown on the plan, and for that purpose, and for the purposes of working and maintaining the said railway as altered pursuant to this Act, may construct and maintain-

( a ) A line of railway from a point at or near the point shown on the plan and thereon marked B " to a point at or near the point shown on the plan and thereon marked " C," as the said line of railway is delineated in the plan, or as the said line of railway is delineated i11 any plans after the passing of' this Act deposited in the ofice of the Surveyor-General, pursuant to any law for the time being in force as to the deposit of such plans; and

( b ) ,4 new station and all other proper works and convmiences

connected with or for the purposes of the said railway as

altered pursuant to this Act:

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

NO. 32 of 1876. Claul~es Act, 1876," the Commissioner may make deviations urder 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 fourtee11 days after the next sittings of auch Houses respectively.

New fine to be

regsrded aa part of 5, When the said railway is altered pursuarrt to this Act the

the xailway.	new route and terminus thereof shall be regarded as part of the
Exteneion Act, 1910,
Cf. Barbor, &C.,	railway authorised by the principal Act.
e. 6 (2).

Power to diaoontinue	6, When the said railway is altered pursuant to this Act, or for
old route and dispose

of materi.ls thereof.	the purpose of carrying out the alterations authorised by this Act,
Cf. Port Adelaide,	the Commissioner may-
&C., Additional R.

Act, 1908, s. b.

(a) Discontinue the working of the said railway from a point at

or near the point shown on the plan and thereon marked

"A" to the present terminus at Henley Eeach of the said

railway, and

(L) 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 deem proper. 7. Notwithstanding-

' 2 GEORGII V, No. 1041.

The Grange and Henley Beach Railway Alteration Act.-1 9 1 I.

7. Notwithstanding anything in any of the Acts incorporated ~ ~ ~ ~ ~ ~ ~ ~ $ -

with this Act, whenever the Commissioner desires to purchase or and compensation tor

take any land for the purposes of this Act, and the amount of corn- 'and*en'O.

pensation to be paid by the Commissioner to any owner thereof is not determined by agreement in 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 G The Lands Clauses Consolidation Act," that he reqtiirea to NO. 0 of 1847.

purchase or take such land, the amount of such compensation shall

be determined in the following manner :-

r. 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 subsequent liotice in writing to such owner, nominate and appoint an arbi- trator to act in the reference on behalf of the Commis- sioner:

I r. Such owner may, within twenty-one days after the giving of such notice appointing an arbitrator, give notice in writing to the Commissioner agreeing that such arbitrator shall be sole arbitrator, or nominating and appointing another arbitrator to act in the reference on behalt of such owner:

I r r. 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 revokk the appointment thereby made or such submission without the consent of the other party, nor shall the death of either partv operate as a revocation:

I V. 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 11. hereof, agreeing that such arbitrator shall be sole arbitrator or nominating and appointing another arbitrator, the Commissioner may a p point the arbitrator nominated and appointed by him to act on behalf of both parties; and such arbitrator shali 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 L4ct " shall, mutatis mutandis, apply with respect to the determination of the corn- pensation:

v]. No notice: appointment, or award made under this section

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

matter of form:

vrr. Every

2" GEORGII V, No. 1041.

me Graagcl and Hmlty Beach Rnilwiay Alteration Act.-l91 1.

vtr. Every award under this section of arbitrators, or of a single arbitrator (in a case where it is agreed, as mentioned in parsgraph tr. hereof, that an arbitrator shall be the sole arbitmtor, 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 miscoaducted himself, the Court may remove him, and that

a 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:

vrrl. 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:

NO. 6. of 1847. 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 section the word '' owner " includes any person having any estate or interest in the land in question, or by " The Lands Clauses Consolidation Act" enabled to sell and convey or transfer or release the same, and the word

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

question:

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

sections 64 to 68 inclusive of The Lands Clauses Con-

solidation Act," section 6 of the Act No. 26 of 1855-6, being an Act to amend the Lands Clauses Consolidation Act," and sections 5 to l1 inclusive of the "Lands

No. 202 of 1881. Clauses Consolidation Amendment Act, l88 1," shall not apply with respect to the determination of the said com-

pensation.

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

this Bill.

DAY H. BOSANQUIET, ,Governor,

THE

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The Grange a d Henley Beach Railway Alteration Act.- 19 l l.

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THE SCHEDULE.

Ordinance No. 6 of 1847.-" The Lands Clauses Consolidation Act." hotion 2.

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

Act."

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

1881."

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

Act No. 6 of 1858, being an Act to amend ' The Railways Clauses Condidation U

Act."

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

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

1887."

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

Amendment Act, l89 1 ."

Act No. 612 of 1894.-The South Australian Railwnys Commieeionere Act

Amendment Act, 1894."

Act No. 912 of 1906.-" The South Australian Hailway8 Commissioners Further

Amendment Act, 1906."

Act No. 988 of 1909.-"The South Australian Railways Commissionere Act

Amendment Act, 1909."

Act No. 698 of 1898.-"The Orange and Henley Beach Railway Act, 1898."

Adelaide : By authority, B. E. E. ROOBPB, Government PrinterJ North Tarrce.

B-1041