The Mount Hope Railway Act 1912 (SA)

ANNO TERTIO

GEORGII V REGIS.

A.D. 1912.

No. 1094.

An Act to provide for the Construction of a Railway from

Yeelanna to Mount Hope, and for other purposes.

[Assented to, December ~ r t h, 1912.1

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

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

1, This Act may be cited as " The Mount Hope Railway Act, Short title.

1912."

severally applicable, but with the exceptions stated in the said herewith. 2. The Acts mentioned in the First Schedule, so far as they are Actsincor~orated

6-1094

Schedule, and all Acts amending or substituted for any of those Acts, or any such amending or substituted Act, are incorporated with this Act.

3. The South Australian Railways Commissioner (hereinafter Authority t 0 ~ 0 ~: t r ~ c t railway.

called the Commissioner ") may construct and maintain-

( a ) A railway (hereinafter called " the said railway") from

Y eelanna, on the existing railway from Port Lincoln, to

Mount Hope via Two Wells, 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 Railways," and dated the eighth day of December, nineteen hundred and eleven; or as 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 plans;

and ( b ) All

3" GEORGII V, No. 1094.

The Mount Hope Railway Act.-1912.

(b) All proper works and conveniences connected with 'or for

the purposes of the said railway, or any part thereof, or of

the said railway and any other railway:

Provided that in case the Houses of Parliament are not sitting when any plans and book8 of reference are deposited in the office of the

NO. 33 of 1876. Surveyor-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 'eference 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.

Tendera. 4, The Commissioner shall call for tenders for the construc-

tion of the said railway, to be sent in within such time, to such place, and to be upon and subject to such terms, conditions, and provisious as he deems advisable, and may accept or reject any tender; and he may construct the said railway himself if no tender for the construction $hereof is accepted.

Gauge and raila. 5. The gauge of the said railway shall be three feet six inches,

and the rails to be used in the construction thereof shall be of iron or steel, and of the weight of not less that1 thirty-five pounds to the yard.

Fares, tolls, and

oherges. 6. The Commissioner may demand fbr the use of the said 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, minerals, mails, and stock, such fares, tolls, charges, and rates as are from time to time fixed by the Commis- sioner, in manner prescribed by any Act or Acts under which the Commissioner may fix fares, tolls, charges, and rates in respect of the railways under his control.

Appmpriation of 7. A11 fares, tolls, rents, dues, charges, rates, and sums of money which are received and levied under authority of this Act shall be paid, in such manner as is prescribed by the Governor, to the Treasurer of the said State for the public purposes of the said State.

fares, tolls, &c.

Method of determin-

ing purchase-money 8. 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 any of the powers conferred by the Acts incorporated with this Act, if the amount of compensation to be paidA to any owner thereof is not determined by agreement in writing, signed by or on behalf of such owner and the Com- missioner, within twenty-one days after the Commissioner has given notice to such owner, as required by section 18 of " The Lands
NO. 6 of 1847.	Clauses Consolidation 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

3" GEORGII V, No. 1094.

The Mount Hope Railway Act.-1912.

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

of his intention to have the compensation settled by arbi- arbihtor bp Corn-

tration, and may, by the same or a subsequent notice in mieeiOner.

writing to such owner, nominate and appoint an arbitrator

to act in the reference on behalf of the Commissioner:

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

of such notice appointing an arbitrator, give notice in	arbitrator by owner.
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:

111. Each such notice nominating and appointing an arbitrator, Notice of appoint- ment deemed a sub-

or agreeing to the appointment of a sole arbitrator, shali mission.

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:

I V. Unless such owner, within twenty-one days after the giving In default of appoint- ment by owner

by the Commissioner as aforesaid of notice nominating and appoioted

appointing an arbitrator, gives notice to the Commis- by Commissioner to

act alone.

sioner, as provided by paragraph 11. hereof, agreeing that such arbitrator shall be sole arbitrator or nominating and U appointing another arbitrator, the Commissioner may appoint 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 price and compensation (if any) to be paid:

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

Lands Clauses Consolidation Act " shall, mutatis mutandis, vacanciea9tc.

apply with respect to the determination of the com-

pensation:

V I. No notice, appointment, or award made under this section Informality not to	shall be set aside or be invalid for irregularity or error in invalidate.
matter of form: 1

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

arbitrator (in a case where it is agreed, as mentioned in paragraph 1 1. hereof, that an arbitrator shall be the sole arbitrator, or where a eingle 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 secured, the Court may set the award aside. " Court " in this paragraph means the Supreme Court or a Judge thereof:

V I I I. A

3 O GEORGII V, No. 1094.

The Mount Hope Railway Act.-1912.

EfImtof sllbmimion

and award. V I 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 ae a judgment or order of the said Court to the same effect:

M&ng of " 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

No. 6 of 1847. connection with the land, or by the " Lands Clauses Consolidation Act" enabled to sell and convey, transfer, release, assign, or otherwise assure such estate, interest, easement, right, power, or privilege: and

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

or equitable) in land, and any easement, right, or privilege in, under, over, affecting, or in connection with land.

Purchase -money of

certain Crown lande ta 9. (1) When any Crown lands situated as mentioned in the

go to Loan Fund and Second Schedule are, after the passing of this Act, sold or granted

income to revenue.	or contracted to be sold or granted by or on behalf of the Crown, whether under an agreement containing a covenant to purchase or 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 general purposes of the said State.
(2) When Crown lands are sold or granted or contracted to be sold or granted under 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, when sold or granted or contracted to bc sold or grarited as aforesaid, are subject to any lease or licence granted by or on behalf of the Crown, as well as Crown lands
No. 830 of 1903.	within the 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.

THE

GEORGII No.

The Mount Hope Railway Act.-1912.

THE SCHEDULES.

T H E FIRST SCHEDULE. Beotiaa d.

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

sections 9, 12 to 17 inclusive, 21 to 25 inclusive, 38 to 62 inclu~ive,	64 to 68 inclusive,
110, 114 to 180 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 No. 202 of 1881. -" The Lands Clauses Consolidation Amendment Act,

1881," except sections 5 to 11 inclusive.

Act No. 1035 of 291 1 .-" The Lands Clauses Consolidation Further Amendment

Act, 1911."

Ordinance No. 7 of 1847.-U The Railways Clauses Coneolidation Act.''

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

Act."

-4ct No. 32 of 1876.-S' The Railway Clauses Act, 1876."

Act No. -114 of 1887.-" The South Australian Railways Commissioners Act,

1887."

Act No. 5 12 of 1891 The South Australian Railways Commissioners Act

Amendment Act, 1891."

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

Amendment Act, 1894."

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

Amendment Act, 1996."

Act No. 988 of 1 909.-'b The South Australian Railways Commissioners Act

Amendment Act, 1909."

THE SECOND SCHEDULE. Section 9.

I. All Crown lands which are situated on either side of the railway and within

sixteen miles thereof; and

XI. All other Crown lands situated within sixteen miles of the terminus at Mount

Hope of the railway.

In this Schedule *' the railway " means the railway to be constructed under this

Act.

Adelaide: by authority, R. E. E. ROOEHR, Government Printer, North Terrace.

B-1094