The Hundred of Solomon and Decres Bay Railways Act 1912 (SA)

ANKO 'I'ERTIO

GEORGII V REGIS.

A.D. 1912.

No. 1080.

An Act to provide for the Construction of a Railway from Darke's Peak to a point in the Hundred of Solomon, and a Railway from near Minnipa Hill to DecrAs Bay, and for other purposes.

[Assented to, November I&, r 912. ]

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

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

l. This Act may be cited as " ' h e Hundred of Solomon and Short title.

Decrhs Bay Railways Act, 19 12,"

A-1080

2. The Acts mentioned or referred to in the First Schedule, so ~ c t s incorporated

far as they are severally applicable, but with the exceptions stated

in the said Schedule, are incorporated with this Act.

3. The South Bustralian Railways Commissioner (hereinal	ter	Authority to oomtruot
railways. I

called L ' the Commissionrr ") may construct and maintain-

(a) A railway from the proposed Darke's Peak Railway Station,

to such point near the north-eastern corner of the Hun-

dred of Solomon as he deems proper, as the said railway is delineated in the plan deposited in the office of the Surveyor-General, in Adelaide, signed J. C. B. Moncrieff, Chief Engineer for R~ilwi~ys,' ' and dated the third day of August, nineteen hundred and twelve, or as the mid railway is delineated in any plans after the passing of this Act so deposited, pursuant to any law for the time b e i ~ ~ g in force as to the deposit. of such plans;

and V) A

3 O GEORGII V, No. 1080.

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The Hundred of S o k and Decris Bay Railways Act.-1912.

(6) A railway from the present railway terminus near Minnipa

Hill to Decrhs Bay, as the said railway is delineated in the plan deposited in the office of' the Surveyor-General, in Adelaide, signed Walter Rutt, Chief Engineer for Rail- ways," and dated the seventh day of December, nineteen hundred and eleven; or s s the said railway is delineated in any plans after the passing of this Act so deposited, pursuant to any law for the time being in force as to the deposit of such plan s; and

(c) All proper works and conveniences connected with, or for the purposes of the said railways or either of them, or the said railways, or either of them, and any other railway or railways:

Provided that in case the Houses of Parliament are not sitting at

the time when any plans and books of reference as to the said

railways or either of thern are deposited in the office of the Surveyor-

NO. 32 of 1876.	General under section 9 of &'The Railways Clauses Act, 1876," the Commissioner may make deviations under the said section before causing copies of' such plans and books of reference to be laid before Parliament; but such copies shall Fe laid before both Houses of Parliament within fourteen days after t,he next sittings of such Houses respectively.
Tenders to be called
for, and cost of	4. The Commissioner shall call for tenders for the construction and to be upon and subject to such terms, conditions,and provisions as he deems advisable, and may accept or reject any tender, and may construct the said railways, or either of them, himself if no tender therefor is accepted: Provided that the cost of constructing either of the said railways, whether constructed under contract or by the Commissioner, shall not exceed Two Thousand Five Hundred Pounds per mile.
railway.	of the said railways, to be sent in within such times, to such place,

lrhe railway be

conetructed and 5. Notwithstanding anything in this Act, the Commissioner may

tendered for in

construct either or both of the said railways in sections, as he mav

eectione.

find convenient: instead of as one work, and in that case section 4

of this Act shall apply in respect of each section.

Gauge and rails. 6, The gauge of the said railways shall be three feet six inches,

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

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

TO% and charges. 7.

The Commissioner may demand for the use of the said railways, 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, minerals, mails, and stock, such fares, tolls, charges, and rates as itre from time to time fixed by the Com- missioner, in manner prescribed by any Act or Acts under wl~ich the Commissioner may fix fares, tolls, charges, and rates in respect of the railways under his contlol.

8. AI:

3' GEORGII V, No. 1080. 3

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The Hundred of 8olomon and Decrts Bay Railways Act.-1912. ,

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which are received and levied under authority of this Act shall be toll#, &,. 8, All fares, tolls, rents, dues, charges, rates, and sums of money Appropriatonof

paid, in such manner as the Governor prescribes, to the Treasurer

of the said State for the public purposes of the said State.

9, With respect to any land purchased or taken by the Com- Methodof determin- ing purchase-money

missioner for the purposes of this Act, or with respect to which he com,en,ation for

exercises for such purposes the powers conferred by section 4 of landtaken.

The Railways Clauses Act, 1876," if the amount of compensation to he paid to any owner thereof is not determined by agreement in writing, signed by or on behalf of such owner and the Commissioner, within twentyone days after the Commissioner has given notice to such owner, as required by section 18 of '' The Land Clauses Con- No. 6 of 1847.

solidntion Act," that 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: -

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

of his intention to have the compensation settled by arbitrator by and appointment of

arbitration, and may, by the same or a subsequent notice Commimioner.

in writing to such owner, nominate and appoint an

arbitrator to act in the reference on behalf of the Corn-

missioner:

11. Such owner may, within twenty-one days after the giving 2z;:;ct::,ner

of such notice appointing an arbitrator, give notice in writing to the Commissioner agreeing that such arbitrator shall be sole arbitrator, or nominating and appointing another arbitrator to act in the reference on behalf of such owner:

1 1 1. Each such notice nominating and appointing an arbitrator, Noticeofappointment

or agreeing to the appointment of a sole arbitrator, shall deemed n"bb"i8"0n.

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:

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

by the Commissioner as aforesaid of notice nominating and arbitrator appointment bv owner

as provided by paragraph 11. hereof, agreeing that such act alone.	appointing an arbitrator, gives notice to the Commissioner,	Commi~+ioner	to
arbitrator shall be sole arbitrator or nominating and appointing another arbitrator, the ~ommissione; may appoint the arbitrator uominated 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 price and compensation (if any) to be paid:

v. All

4 3' GEORGII V, No. 1080.

The Hundred. of Solonunz and Decris Bay Railways Act.-1912.

Provisione as to	F.	All the provisions of sections 26 to 35 inclusive, of '(The Lands Clauses Consolidation Act " shall, mutatis mutuwdis, applj-
umpire, vacaneiea, &C.

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with respect to the determination of the compensation:

rnformality not to v I. No notice, appointment, or award made under this section

invalidate.

shall be set aside or be invalid for irregularity or error ir,

matter of form:

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

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, imd 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:

Effect of submission	V I I I.	A submission to arbitration under	this section shall have the
and award.

same effect as if it had been made an order of the Supreme Court; and an award under this section may, by leave of the Supreme Court or a Judge thereof, be enforced in the same manner as a judgment or order of the said Court to the same effect:

Meaning of L'owner" IX. In this section -

and land. "

(a) The word " owner " includes, with respect to any 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

No. 6 of 1847. Consolidation Act" enabled to sell and convey,

transfer, release, assign, or otherwise assure such

estate, interest, easement, right, power, or privi-

lege; and

( b ) The word land " include8 any estate or interest (legal or equitable) in land, and any rasement, right, or privilege in, under, over, affecting, or in connec- tion with land.

Purchaee-money of 10. (1) When any Crown lands situated as mentioned in the

eertsin Crownlanda to Second Schedule are, after the passing of this Act, sold or granted

go to Loan Fund, and

income to revenue. or contracted to be sold or granted by or on behalf of the Crown. whether under an agreeme; containihg a covenant to purchase o; otherwise, all purchase-moneys received in respect of such land shall be paid to the credit of the Loan Fund, and, unless and until otherwise provided by Parliament, the interest on such moneys shall be applied as revenue for the generai purposes of the said State.

(2) W hen

3" GEORGII V, No. 1080.

The Hundred of Solomon and Deeris Bay Railways Act.-1912.

(2) When Crown lands are sold or granted or contracted to be sold or granted imder an agreement containing a covenant to pur- chase, or otherwise upon credit subsection (1) shall apply only to so much of the moneys to be paid under such agreement or other- wise as represents the purchase-money, as distinguished from interest thereon and rent, and so much thereof as represents interest and rent shall, unless and until otherwise provided by Parliament, be applied as revenue for the general purposes of the said State.

(3) In this section and in the Second Schedule " Crown lands " includes any lands which are subject to any lease or licence granted by or on behalf of the Crown, as well as Crown lands within the NO. RBO	1903
meaning of " The Crown Lands Act, 1903."

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

this Bill.

DAY H. BOSANQUET, Governor.

SCHEDULES

GEORGII No.

The Hundred of Sobwwn and Deer& Bay Railways Act.-1912.

SCHEDULES.

T H E FIRST SCHEDULE.

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

inclusive, 110, 114 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 S o. 202 of 1881.-L' The Lands Clauses (Consolidation Amendment Act, l881 ,"

except sections 5 to 11 inclusive.

Act No. 1035.-" The Lands Clauses Consolidation Further Amendment Act, 19 11 ."

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

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

Act."

Act No. 32 of 18'i6.-b. The Railways Clauses Act, 1876."

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

1887."

Act No. 5 l 8 of l89 1 .--" The South Australian Railways Commissioners Act

Amendment Act, 1891 ."

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

Amendment Act, 1894."

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

Amendment Act, 1906."

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

Amendment Act, 1909 ."

All Acts amending or substituted for any of the said Acts and all Acts amending

any such substituted Act.

THE SECOND SCHEDULE.

Sec. 10.

I. Crc,wn lands situated on either side of either of the railways to be constructed

by virtue of section 3 of this Act, and within sixteen miles of such railway;

11. Crown lands situated within sixteen miles of the terminus i n the hundred of

Solomon of the railway to be constructed by virtue of subdivision (a)	of the said
section 3; and

111. Crown lands situated within sixteen miles of the terminus at Decr4s Bay of

the railway to be constructed by virtue of subdirivion ( b ) of the said section 3.

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