The Peebinga, Paringa, Loxton, and Waikerie Railways Act 1912 (SA)

ANNO TERTIO

GEORGII V REGIS.

A.D. 1912.

No. 1088.

An Act to provide for the Construction of Railways from

various points on the Tailem Bend and Brown's

Well Railway to Peebinga, Paringa, Loxton, and

Waikerie respectively, and for other purposes.

[Assented to, November 28th, rp1z.1

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

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

1, This Act may be cited as " The Peebinga, Paringa, Loxton, Short title.

and Waikerie Railways Act, 1912."

such point as he deems proper, near Karoonda, on the rail- way authorised by "'l'he Tailem Bend and Brown's Well Railway Act. 1909 " (hereinafter called the Brown's Well Railway "), to such point as he deems proper about four miles east of Peebinga, as the Peebinga Railway ie delineated in the plan deposited in the office of the Surveyor-General, in Adelaide, signed J. C. B. Moncrieff, day of September, nineteen hundred and twelve; or as the Chief Engineer for Railways," and dated the thirtieth

2, The Acts mentioned or referred to in the First Schedule, so ~ ~ t ~ i n ~ o; ~ ~ r a t e t ~

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

in the said Schedule, are incorporated with this Act.

3. The South Australian Railways Corn missioner (hereinafter Authority to construct

called " the Commissioner ") may construct and maintain- railways.

(a ) A railway (hereinafter called " the Peebinga Railway "), from

3 O GEORGII V, No. 1088.

The Peebhqa, Paringa, Loxtm, and Waikerie Railways Ad.-1912. ---p p - - --

- - -

Peebinga 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:

( 6 ) A railway (hereinafter called the Paringa Railway "), frorn

the terminus, a t or near Brown's Well, of the Brown's Well Railway, to Paringa, as the Paringa Railway is delineated in the plan deposited in the office of the Surveyor-General, in Adelaide, signed, " J. C. B. Moncrieff, Chief Engineer for Railways," and dated the thirtieth day of September, ninett en hundred and twelve; or as the Paringa Railway is delineated in any plans after the pass- ing of this Act so deposited, pursuant to any law fbr the time being in force as to the deposit of such plans:

( c ) A railway (hereinafter called the Loxton Railway "), from

such point as he deems proper, near Alawoona, on the Brown's Well Railway, to Loxton, as the Loxton Railway is delineated in the plan deposited in the office of the Surveyor-General, in Adelaide, signed " J. C. IS. Moncrieff, Chief Engineer for Railways," and dated the thirtieth day of September, nineteen hundred and twelve; or as the Loxton Railway is delineated in any plans after the pass- ing of this Act so deposited, pursuant to any law for the time being in force as to the deposit of such plans:

( d ) A railway (hereinafter called " the Waikerie Railway "), from

such point as he deems proper, near Karoonda, on the Brown's Well Railway, to Waikerie, as the Waikerie Railwaj is delineated in the plan deposited in the office of the Surveyor-General, in Adelaide, signed, J. C. B. Moncrieff, Chief Engineer for Railways," and dated the thirtieth day of September, nineteen hundred and twelve; or as the Waikerie 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

( e ) All proper works and conveniences connected with, or for the purposes of the railways hereby authorised or any of them, or the said railways, or any 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

railw~iys or either of them are deposited in the ofice of the Sur-

NO. 3% of 1876.	veyor-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 co~ies shall be laid before both Houses of Parliament within fourteen days after the next sittings of such Houses respectively.
Tendem to be oslled

for, and cost of 4, The Commissioner shall call for tenders for the construction

of the said railways, to be sent in within such times, to such place, -

railway.

and

3" GEORGII V, No. 1088.

T h Peebircga, Parirvga, Loxton, and W a i b i e Railways Act.--1912.

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 railwaye, or any of' them, himself if no tender therefor is accepted: Provided that the average cost of constructing the said railwaye, whether constructed under contract or by the Commissioner, shall not exceed Three Thousand Pounds per mile.

5, Notwithstanding anything in this Act, the Commissioner may The railway may be conetructed and

construct any or all of the said railways in sections, as he may find .trmdered for in

convenient, instead of as one work, and in that case section 4 of sections-

this Act shall apply in respect of each section.

6. The gauge of the said railways shall be five feet three inches, C f a w and mile.

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

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

7. The Cornmiseioner may demand for the use of the said 'rollaandch=ges-

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 are from time to time fixed by the Commissioner, in manner prescribed by any Act or Acts uilder which the Commissioner may fir fares, tolls, charges, and rates in respect of the railways under his control.

$, All fares, tolls, rents, dues, charges, rates, and sums of money appropriation of

which are received and levied under authority of this Act shall be tolls, &c.

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 Corn- Methodof determin-

missioner for the purposes of this Act, OL with respect to which he and aompsnlation for ing purchase-money

exercises for such purposes the powers conferred by any of the land taken.

Acts incorporated with this ~ ' c t r if the amount of- combensation

to be paid ko any owner thereof is not determined by agrr?ement 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 " The Lands Clauses Con- NO. 6 of 1847.

solidation Act," that he requires to purchase or take such land, or

that he desires to have the compeneation 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 ~ f ~ ~, " ~ ~ ~ ~ ~ ~ f

of his intention to have the compensation settled by arbitrator by

arbitration, and may, by the same or a subsequent notice Commb8ioner.

in writing to euch owner, nominate and appoint an

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

missioner:

11. Such

3' GEORGII V, No. 1088.

The Peeba'nqa, Paringa, m, a d Waikmie Railways Act.-1912.

A pointment of n. Such owner may, within twenty-one days after the giving

ar%ltrator by owner.

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:

Notice of appointment	m.	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 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:
deemed a submiseion.
In default, of

appointment by owner	W. Unless such owner, within twenty-one days after the giving
arbitrator appointed

by Comrniasioner to

by the Commissioner as aforesaid of notice nominating and

act alone.

appointing an arbitrator, gives notice to the Commiaioner, as provided by paragraph n. hereof, agreeing that such arbitrator shall be sole arbitrator or nominating and 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 compensation (if any) to be paid:

Proviaione as to V. All the provisiolis of sections 26 to 35 inclusive, of "The Lands Clauses Consolidation Act " shall, mutatis mutandis, apply with respect to the determination of the compensation:

umpire, vacancies, &c.

Informality not to

VI. No notice, appointment, or award made under this section

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

matter of form:

invalidate.

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

aibitrator (in a case where it is agreed, a; mentionedUin

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,'and 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 submineion

and award.

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, 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 :

IX. In

3' GEORGII V, No. 1088. b

T h Peebiqa, Paringa, Loxtim, and W a i b i e Railways Act.-1912. - ..

rx.	In this section-	M W & ~ of U ownerv
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 easernent, right,

power, or privilege in, under, over, affecting, or in

connection with the land, or by the Lands Clauses

Consolidation Act " enabled t o sell and convey,	18"*
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.

10. (L) When any Crown lands situated as mentioned in the ~~mhaee-money of

are, -after the passing of this Act, sold or granted certain Crown l&& to

Second ~ i h e d u l e go to Loan Fund and

or contracted to be sold or granted by or on behalf of the Crown, income to revenue.

whether under an agreement contaiiing 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) I n 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. P30 of 1903.

meaning of The Crown Lands Act, 1903."

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

this Bill.

DAY H. BOSANQUET, Governor.

SCHEDULES.

3 O GEORGII V, No. 1088.

SCHEDULES.

THE FIRST SCHEDULE.

Ordinance No. 6 of 1 847.-" The Lands Clauses Consolidation Act," except

sections 9, 12 to 17 inclusive, 31 to 25 inclusive, 38 to 62 inclusive, 64 to 68 inclusive,

110, 1 l 4 to 120 inclusive, 136, and 137.

Act No. 86 of 1855-6, being an Act to amend " 'l'he 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 l 1 inclusive.

Act No. 1035.-bb The Lands Clauses Consolidation Further AmendmentAct, 191 1."

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

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

Act."

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

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

1887."

Act No. 51% of 1891 .-" The South Australian Railways Commissioners Act

-4mendment Act, 1891 ."

Act No. 612 of 1894.-" The South Australian Railways Commir;sioners 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.

own 1 .and9 situated on either side of any of the railways by section 3 of

this Act authorised to be constructed, and within sixteen miles of such railway.

11. Crown lands situated within ~ixteen miles of the terminus a t or near Peebinga

of t4e Peebinga Railway.

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

Paringa Railway.

TV. Crown lands situated within sixteen miles of the terminus a t Loxton of the

Loxton Railway.

v. Crown lands situated within sixteen miles of the terminus at Waikerie of the

Waikerie Railway.

Adelside : Ry authority, R. E. E. Roenae, Oovernment Printer, North Tomce.