The Northern Territory Surrender Act 1907 (SA)

No judgment structure available for this case.

Vol. 6]

293

THE NORTHERN TERRITORY SURRENDER ACT,
1907.
No. 946 of 1907.

An Act to surrender the Northern Territory of the State

of South Australia to the Commonwealth of Aus- tralia, and for other purposes; and to approve and provide for carrying out an agreement for such
surrender and other purposes entered into between the Governments of the said Commonwealth and the
said State.
[ReBerved 21st December, 1907.]
[Royal Assent proclaimed 14th May, 1908.]

WHEREAS the Governments of the Commonwealth of Aus- Preamble. to provide for carrying out the said agreement, and on the terms and conditions thereof to surrender the said Territory to the said Commonwealth-Be it therefore enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:

tralia and the State of South Australia have entered into tho

agreement set out in the schedule, subject to approval by

the Parliaments of the said Commonwealth and the said

DIVISION u.-Incorporation.

1. This Act is divided into Parts, as follows:-

Division.

PART I.-Introductory.
PART n.-Approval and Ratification of the Agreement
and Surrender of the Territory.
PART III.-

DiviSION

I.-Sale of Port Augusta Railway to and Consent to Construction of Rail- ways by the Commonwealth:

The
North
ern
Territory
Surrender
Act,
[Vol.
6
PART

I.

1907.
PART
I.
INTRODUCTORY.
S
h
o
rt

title.

2.
This
Act
may

b

e
cited
as
''The

Northern

Territory
Sur-
render
Act,
1907."
A
c
t

to

bind
3.
This
Act

shall

b

ind
the
Crown.
t
h
e
Crown.
Commence-
4.
This
Act

shall

c
ome
into
force
on

a

day
to
be
fixed
by
m
e
nt.
proclamation.
I
nterpreta·
5.
I
n

this

Act,

unl

e

ss
the
contrary
intention
appears-
tion.
"the
agreement
"
means
the

agreement

set
out
in
the

schedule:

"

t

h
e
Commissio
ner"
means
the

South

Australian
'H,ail-
ways
Comm
issioner
:
"

t

he
Commonw

e

alth"
means
the
Commonwealth
of
Aus-

tralia:

"
G
o
vernment"

m

eans
the

Government

of
the
State,
and

in

respect

o

f
the
railways
of

the

State
includes
the
Commission
er
:
"

t

h
e
Northern

T

erritory"
means

so

much
of
the
State
of
South
Au
stralia
as
lies
to

the

northward
of
the

twenty-sixth

parallel
of
south
latitude
and
between

the

one

hun

dred
and

twenty-ninth

and
one
hundred
and

thirty-e

i
ghth
degrees
of

east

longitude,
together

with

the

bay

s
and
gulfs

therein,

and
all
and
every

the

islands

adjacent
to
any

part

of
the
main
land
within

such

limits
as
aforesaid,
with
their
rights,
members,

an

d
appurtenances:

''the

Palmerston
and
Pine
Creek
Railway'
'
means
the

railway

auth

orised
to
be
made

and

maintained
pur-

suant

to

the

''
Palmerston
and

Pine

Creek
Railway
Act,
1883''

:

'
'
P
art''
means

P

art
of
this
Act
:
"the
Port
Augu
sta
Railway"

means

the
railway
from
Port
August
a
to
Oodnadatta
authorised
to
be
made
and
maintain
ed
pursuant
to

Acts

No.
26
of
1876,

of

18

81,
No.
281
of
1883,

and

No.
413
of
1887:
No.
226
s.
4.
This
Act
was

proclaimed

to

comme

nce
on
1st
January,

1911:

Gazette
22nd
December,
p.

1299.

1910,

Vol. 6]

The Northern Territory Surrender Act,

295

PART I.
1907.
"proclamation" means proclamation by the Governor
published in the Gazette:
"public service" includes railway service:
''South Australia proper'' means South Australia, not
including the Northern Territory:
"the State" means the State of South Australia.

PART II.

APPROVAL AND RATIFICATION OF THE AGREE-
MENT AND SURRENDER OF THE 1'ERRITORY.
Ratification

6. The agreement is hereby approved and ratified.

of aJO"eement.

7. The Northern Territory is hereby surrendered to the Commonwealth in accordance with the agreement.	of the
Surrender

Such sur-

Territory.

render is subject to all freehold, leasehold, or other estates or interests in or agreements, securities, or rights in respect of land within the said Territory in existence at the time of the acceptance of such surrender by the Commonwealth.
'Without limitation of the effect of such general words, such surrender includes the Palmerston and Pine Creek Railway and all the State's right, title, interest in, and control of, all State real and personal property and privileges in the said Territory (except moneys held by or on behalf of or to the credit of, or due or accruing due to, the State, at the date of the acceptance of such surrender), whether held by or vested in the Crown, or by or in any commissioner, authority, or

person, or otherwise, for State purposes. Such surrender is subject to all freehold, leasehold, or other

estates or interests in or agreements, securities, or rights in

respect of land within the said Territory in existence at the 1ime of ihe acceptance of such surrender by the Common- wealth.

8. On the acceptance of such surrender by the Common- wealth, the Government Resident and all other officers and

Resident

Government
and other
officers to

persons in the public service of the State of South Australia	in service
cease to be
whose salaries or other remuneration are provided for on the	of State.
Estimates of Expenditure for the Northern Territory for the year 1907-8 may be transferred by and as from a date pre- scribed by proclamation to the service of the Commonwealth,

The
Norther
n
Territory

Surrender

Act,
[Vol.
6
P
ART

II.

1907.
-
-
-
a
n
d
on

such

transfer

s

hall
cease
to
be

officers

in
the
public
service
of

the

State

of

South
Australia.
A
ny

such

officer
wh
o
is
not
transferred

to

the
service
of

the

Commonwealth

sha

ll,
unless
he
is

appointed

to
some
other
office
of
equal

emolum

ent
in
the
public

service

of
the
State,
be
entitled

to

receive

from
the
State,

in

addition
to
any
retiring
allowance

to

w

hich
he
may
be
entitled
under
the
"Civil
Service
Amend
ment
Act,
1881,"

any

compensation
payable
under

the

law

of
the
State
on

abolition

of
his
office.
The
provisions

of

se

ction
84
of
the
Commonwealth
Consti-
tution
Act
as

to

transf

erred
officers
shaH
apply
to
any
officer
who

is

under

this

Act
transferred
to
the
service
of
the
Com-
monwealth

as

if

he

we
re
an
offieer

retained

in
the
service
of

the

Commonwealth
wi
t
hin
the
meaning

of

that
section.
P
A
RTffi.
PART
III.
D
I
VISION

I.

D
I
VISION

I.-SAT;E

oF

PoRT
AuGUSTA

RAILWAY

To,
CoNsENT
To
CoNsTRUCT
ION
oF
TRANSCONTINENTAL
RAILWAY
RY,
THE
COMMONW
EALTH.
S
a
l
e
and
9.
I
n
accordance
wi
th
the
ag;reement

the

Commonwealth
t
r
a
nsfer
of
P
o
r
t
Augusta
may
acquire

the

Port
A
ugusta
Railway,

and

the
said
railway,
R
a
i
l
way
t
o
t
he

the

lands

ve

sted
in
the
Commissioner
now
used
or

including

C
o
mmon·
w
e
alth.
reserved

for

such

rail

way,
together

with

all
stations
and
other
buildings,

sidi

ngs,
wharves,

and

other
accessories
vested

in

the

Commis
sioner
and
used
in
connection
with
the
working
of

the

said

r

ailway,
except
the
locomotive
engines,
railway
carriages,

truc

ks,
and
other

movable

plant
or
rolling-
stock,
shall
be

and

is

hereby
sold
and
transferred
to
and

invested

in

the

Comm
onwealth,
and
the
Commonwealth
may
maintain
and
work

su

ch
railway.
Common-
10.
Subject

to

the

p
rovisions
of
this

Act,

and
the
agree-
wealth
may
c
onstruct
ment,
and
of

the

ActE~

incorporated
with

this

Act,
the
Com-
part
<of
Transcon·
monwealth-
tinenta.l
Railway
t
o
Port

r.

f

or

the

purpose
of
carrying
out,
in
accordance
with
the
Darwin.
agreement,
its
undertaking

to

construct
or
cause

to

be

const

ructed
the
Transcontinental
Railway

from

P

ort
Darwin

southwards

to
a
point
on
line
the
Port

A

ugusta
Railway,

may

construct,
or

Yol. 6]

The Northern Territory Surrender Act,

297

PART III.
1907. DIVISION I.
cause to be constructed, as part of such Trans- continental Railway, a railway in South Australia proper from a point on the Port Augusta Rail- way, to connect at a point on the northern boun-
dary of South Australia proper with the part of
such Transcontinental Railway to be constructed from Port Darwin southwards to sucll point, with all proper stations, approaches, works, and con- veniences connected therewith and necessary therefor, and may maintain and work such rail- way when constructed:
n. may construct, or authorise the construction of, or cause to be constructed, a railway westerly from any point on the Port Augusta Railway through South Australia proper to any point on the western boundary line of South Australia proper, by a ,route to be determined by the Parliament of the Commonwealth, with all proper stations, ap- proaches, works, conveniences connected therewith and necessary therefor, and may maintain and work such railway when constructed:

m. so far as may be necessary for the purposes of con. struction of the railways to the construction of which the State hereby consents, but subject to the provisions of and without limitation of the powers	,	..,
''

conferred by the Acts incorporated herewith,	•'"i
may-

( a) make or cause to be made surveys of the
route of such railways:
(b) compulsorily purchase, take, or acquire
lands.

DIVISION II.-lNCOHFORATION.

DIVISION II.

11. With this Part are incorporat( d the following Acts and the Acts amending same :-

Acts incorpiorated.

(1) The Lands Clauses Consolidation Act (except sec- tions CXIV., CXV., CVI., CVII., and CVIII. thereof).
(2) The Railway Clauses Consolidation Act (except sec- tions LXXXI. to CL VIII., inclusive).
s. 11. The Land~ Clauses Consolidation Act and the Act No. 202 of 1881 have been repealed
::md superseded by the Compulsory Acquisition of Land Act, 1925. The Railway
· Clauges Consolidation Act: and The Railways Clauses Act, 1876, have been repealed
and superse(led hy the South Australian Railways Commissioner's Act, 1936.
The
Northe
rn
Territory

Surrender

Act,
[Vol.
6
298
P
ART
III.
1907.
D
I
VISION

II.

(

3)

·'The

Railwa
ys
Clauses
Act,

1876"

(except
sections
and
17),
but
so

that

the
said
Act
shall
12,

14,

15,

be

read

as

applying
to
the
railways
to
the
con-

struction

o

f
which
the
State
hereby
consents,
and

as

if

"the

Commonwealth"

was

substituted
for

''the

Com
m
issioner
of

Railways''

in
the
said
Act.
For

the

purposes

o

f--

(

a)

s

uch
Acts

th

e
Commonwealth

shall

be
deemed
to
be

the

prom

oter
of
the

railway

and
this
Act
''a

special

Ac
t.''
(
b)

s

ection

13

o

f
Act
No.
202
of

1881

there
shall
be
deemed-to
be
no
such
special
Act.

this

Part

"t

h
e
Commonwealth"
shall
include
any

(c)

authority
constituted
or
appointed
by
the
Com-
monwealth
to
construct,
maintain,
or
work
the

railway,

t
o
the
construction

of

which
the
State
hereby

co

n
sents.
12.
For

the

purpo

se
of
construction

of

the
railways
to
be
Common·
wealth to
or

that

may
be

cons

tructed
by
it
under
this
Part,
the
Com-
h
a
v
e
for
c
onstruction,
monwealth
may

exer

cise,
in
addition
to

the

powers
vested
in
powers
e
t
c
.
,
of
State

it

by

this

Act

and

th

e
Acts
incorporated
herewith,
all
the
a
u
t
hority.

far

as

app

licable,
that
under

any

Act
of
the
State
powers,

so

at
present

in

force

t
he
Commissioner

or

other
authority
of

the

State
may

exerc

ise
for
the

purposes

of
construction
of

the

railways

of

the

S

tate.

THE

SCHEDULE.
AGREEMENT
made

the

se

v

enth
day
of
December

one

thousand
nine
hundred
and

seven

BETWEEN

the

COMMO

N

WEALTH
OF
AUSTRALIA
(hereinafter
referred
to
as
the
Commonwealth)

of

the

one

part
and
THE
STATE
OF

SOUTH

AUSTRALIA
(hereinafter

referred

to

as

the

State)

of
the
other
part

WITNESSETH

that
subject
as
herein-
after
mentioned

to

the

ap

p
roval
of
The
Parliaments

of

the
said
Commonwealth
and

the

said

State

and

for
the
mutual

considerations

hereinafter
appearing

IT

IS

HEREBY

AGREED

that

t
he
State
shall
on
the

terms

and
conditions
hereinafter
appearing

surrender

to

the

Commonwealth
the

Northern

Territory
and
shall
sell
and

transfer

to

the

Comm

onwealth
the
Port

Augusta

Railway
and
shall
permit

the

Commonwealth

to

con

struct
or
cause
to
be
constructed
in
South
Australia
proper

the

railways

herein

after
mentioned
to
the

northern

and
western
boundaries
of
South
Australia

prope

r

from
any
points
on

the

Port

Augusta
Railway
and

shall

permit

the

Commonw

ealth
to
maintain
and

work

the
said
railways
when
so
acquired

and

constructed.

T
H
E
TERMS

AND

CONDI

T

IONS
of
this
Agreement

are

as
follows:-

(1)

The
Co=onwealth
in
consideration
of
the
surrender
of
the
Northern
Territory

and

property

of

the
State
therein
and

the

grant
of
the
rights
herein-

Vol. 6]

The Northern Territory Surrender Act,

299

1907.

after mentioned to acquire and to construct railways in South Australia proper

shall-

(a) Be responsible for the indehtedness of the State in respect of the Northern Territory as from the date of acceptance of such surrender and shall relieve the State from the said indebtedness in the
following manner:-
I. By annually reimbursing the State the amount of the annual interest paid by it in connection with the loans in respect of the Northern Territory; by paying annually into a Common· wealth Sinking Fund the amounts the State has undertaken to pay into such a fund in connection with the said loans; and by paying and redeeming at or before maturity the said loans.
n. By paying the amount of the deficit (or Advance account) in respect of the Northern Territory to the said State in such manner as may be agreed upon. If the amount cannot be agreed upon it shall be determined by arbitration.

(b)

Construct or cause to be constructed a railway line from Port Darwin southwards to a point on the northern boundary of South Australia proper (which railway with the railway from a point on the Port Augusta Railway to connect therewith is hereinafter referred to as The Transcontinental Railway).

(c)

At the time of such surrender acquire from the State at the price and on the terms hereinafter mentioned the Port Augusta Railway including the lands now used for and reserved for such railway together with all stations and other buildings sidings wharves and other accessories used in connection with the working of the said railway except the railway carriages trucks and other movable plant and rolling-stock;

(d)

Construct or cause to be constructed as part of the Transcontinental

Railway a railway from a point on the Port Augusta Railway to

connect with the other part of the Transcontinental Railway at a
point on the northern boundary of South Australia proper.

(e)	Pay the price of the said Port Augusta Railway by becoming respon- sible on the date of the sale and transfer thereof to the Commonwealth

for the amount of the loans raised by the State for the purpose of constructing the said railway and used therefor and by annually reimbursing the State the interest payable thereon and by paying annually into a Commonwealth Sinking Fund the amounts the State has undertaken to pay into such a fund in connection with the said
loans until the said loans are paid and redeemed by the Commonwealth
as or before they become due.

(f)	Give and continue to give to the State and its citizens equal facilities

at least in transport of goods and passengers on the Port Augusta Railway to those provided by the State Government at the present time and at rates not exceeding those at present in force.

(g) Allow the State to connect any new railway hereafter constructed by

the State in South Australia proper with any railways acquired or

constructed by the Commonwealth in South Australia proper.

(h) Allow the State reasonable running powers and rights on such conditions
as may be agreed upon or in default of agreement as may be deter-
mined by arbitration on all railways acquired or constructed by the
Commonwealth in South Australia proper and (without limitation of
the scope of such powers and rights) the use on such conditions as aforesaid of the stations yards buildings and other accessories at Quorn and Port Augusta and the wharf at Port Augusta used in
connection with the working of the said railway but not so as to inter-
fere with the proper control working and maintenance of the railways
of the Commonwealth.
(2) The State in consideration of the covenants and agreements by the

Commonwealth herein contained shall-

(a) Surrender to the Commonwealth the Northern Territory and without limitation of the effect of such general words such surrender shall
include the railway from Port Darwin southwards known as ''The
The
North
ern
Territory
Surrender
Act,
[Vol.
6
1907.

Palmers

ton

and

Pine
Creek
Railway'
'

and

all
the
State's
right
title

interest

in

and

control
of
all
State

real

and

personal
property
and

privileges

in

th

e
Northern
Territory

(except

moneys
held
by
or
on

behalf

of

or

to

the
credit
of
or
due
or
accruill)g
due
to
the
State
at

the

date

of

th

e
acceptance
of
such
surrender)
whether
held
by
or

vested

in

the

C

r
own
or
by
or
in
any
Commissioner
authority
or
person

or

otherwise

fo

r
State
purposes.
(
b)
At

the

time

of

s
uch
surrender
sell
and

transfer

to
the
Commonwealth

and

consent

to

the
acquisition
by
the
Commonwealth
of
the
Port
Augusta

Railw

a

y
including
the
lands

now

used
for
and
reserved
for

such

railway

to

gether
with
all
stations

and

other
buildings
sidings
wharves

and

o

ther
accessories
used
in
connection
with
the
working

of

the

said

ra

ilway
except
the
railway
carriages
trucks
and
other
movable

plant

a

nd
rolling-stock
and

shall

authorise
by
legislation
the
Commonwealth
to
maintain
and
work

such

railway
when
so
acquired.
The

price

of

s
uch
railway
shall
be
the

cost

of
construction
of
the

railway

and

sta

tions
and
wharves
and

other

buildings
and
accessories

used

therewith

(including
the
cost
of
resumptions)
without
interest

added

but

shal

l
not
include
any

expenditure

on
maintenance
works.

If

t
he

cost

of

construction
cannot
be

agreed

upon
such
cost
shall

be

determined

by
arpitration.
(
c)
At

the

time

of

such
surrender
authorise

by

legislation
the
Common·
wealth

to

do

a

ll
that
is
necessary
to

enable

the
Commonwealth
to
make

surveys

a

cquire
the
necessary

lands

and
to
construct
or
cause

to

be

construc

ted
a
railway
in
South
Australia
proper
from
any

point

on

the

P

o

rt
Augusta
Railway
to

a

point
on
the
northern
boun-

dary

line

of

So

uth
Australia
proper
to
connect
with
that
part
of
the
Transcontinenta
l
Railway
to
be
built
in

the

Northern
Territory
from
Port
Darwin

so

uthwards
to
the
northern
boundary
of
South
Australia

proper

and

to

maintain
and
work

such

railway
when
constructed;

and

to

get

all

timber
ballast
and
other
material
necessary
for
such

construction

in

South
Australia
proper

by

paying
compensation
in

accordance

with

the
provisions
of
the

State

Acts
at
present
in
force

payable

by

the

State
when
constructing
State
railways.
At

the

time

of

~uch
surrender
authorise

by

legislation
the
Common-
(
d)
wealth

in

the

sa

me
way
and
to
the
same

extent

as
in
the
last
preceding

subclause

menti
onM.
to
do
all
that
is

necessary

to
enable
the
Common-
wealth

to

const

ruct
or
cause
to
be

constructed

a
railway
westerly
from

any

point

on

the
Port
Augusta

Railway

through
South
Australia

proper

to

any

p

oint
on
the,
western

boundary

line
of
South
Australia

proper

by

a

route
to
be
determined

by

the
Parliament
of
the
Commonwealth
and
to
maintain
and
work
such
railway
when

constructed.

A

t

the

time

of

such
surrender
authorise

by

legislation
the
Common-
(
e)
wealth

for

the

purpose
·Of
constructing

the

said
railways
to
exercise

at

least

all

the

powers
and
privileges

held

by
the
State
in
the
Rail-
way

Constructi

on
Acts
at
present
in

force

in
the
.State
of
South
Australia

as

if

the
railways
referred

to

were
being
constructed
by

the

State.

3
.
I
n

consideration

of

the
Commonwealth

becoming

responsible
for
the
in-
debtedness

of

the

State

in

respect
of
the
Northern
Territory
in
manner
before
mentioned

the

State

her

eby
releases
the
Commonwealth
from
the
l
iability

imposed

by

the

Commonw

ealth
of
Australia

Constitution

Act
on
the
Common-
wealth

to

compensate

the

State
for
any
State

properties

within
such
Northern
Territory

vested

in

the

C

ommonwealth
in

connection

with
any
departments
of

the

State

transferred

to

the
Commonwealth
under

the

provisions
of
the
said
Constitution.
4
.
This
Agreement

shall

not
in
any
wrry
be

binding

until
and
unless
approved
by
t
he

respective

Parliam

ents
of
the
Commonwealth

and

the
State
and
legisla-

tion

is

passed

enubling

the

Commonweulth
and
the

Stute

to
legally
carry
out
the
aforesaid

surrender

and

ac

ceptance
of
the
Northern
Territory
and
the
Parliament
of

the

State

has

consented

to
the
acquisition
by

the

Commonwealth
of
the

Port
Augusta
Railway

and

to

the
construction
by
the
Commonwealth
of
the
other

railways

in

South

Austra
l
ia
proper
mentioned
in

this

Agreement
on
the
terms
hereinbefore
mentioned.
301

Vol. 6]

The Northern Territory Surrender Act,

1907.
5. When any dispute or matter authorised or directed by this Agreement' to be settled by arbitration shall have arisen then unless the parties hereto concur in the appointment of a single arbitrator such matter shall be referred for decision to two arbitrators one to be appointed by the Prime Minister for the time being of the Commonwealth and one by the Premier for the time being of the State and such arbitration shall be subject as nearly as practicable to the laws relating to arbitration in force in the State.
DEFINITIONS.
In this Agreement unless the contrary intention appears--
' ' Tlt'" Northern Terrifory'' means so much of the State of South Australia as lies to the northward of the twenty-sixth parallel of south latitude and between the one hundred and twenty-ninth and one hundred and thirty-eighth degrees of east longitude together with the bays and gulfs therein and all and every the islands adjacent to any part of the main land within such limits as aforesaid with their rights members and appurtenances.
'' Th8 Palmerston and Pine Creek Railway'' means the railway authorised
to be made and maintained pursuant to the "Pahnerston and Pine
Creek Railway Act, 1883.''
''The Port Augusta Railway'' means the railway from Port Augusta to Oodnadatta authorised to be made and maintained pursuant to Acts No. 26 of 1876; No. 226 of 1881; No. 281 of 1883; and No. 413 of 1887.
''South Australia proper'' means South Australia not including the
Northea:-n Territory.
IN WITNESS whereof the Honorable Alfred Deakin (Prime Minister of the Commonwealth of Australia) for and on behalf of the said Commonwealth and the Honorable Thomas Price (Premier of the State of South Australia) for and on behalf of the said State have hereunto set their hands and seals the day· and year first above written.
SIGNED SEALED AND DELIVERED by the above- 1

named ALFRED DEAKIN in the presence of-~ (L.s.)

ALFRED DEAKIN.

LITTLETON E. GROOM. J
SIGNED SEALED AND DELIVERED by the above- }

named THOMAS PRICE in the presence of-

(L.S.)

THOMAS PRICE.

LAURENCE O'LoUGHLIN.

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Citations

The Northern Territory Surrender Act 1907 (SA)

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