The Port Lincoln Railway Extension Act 1909 (SA)

EDWARDI V11 REGIS.

A. D. 1909.

No. 985.

An Act to provide for an Extension of the Port Lincoln Railway from Yeelanna to near Minnipa Hill, and for other purposes.

[Assented to, December ~ r t h, 1909.1

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 Port Lincoln Rail way Exten- Short title.

sion Act. 1909."

Acts heretofore or hereafter passed amending or substituted for the herewith. 2, The Acts mentioned in the First Schedule to this Act, and all ~ctsincorpomtsd

A-986

said Acts, or any of them, hall, so far as they are severally apyli-

cable, be incorporated and read with this Act.

3, The South Australian Railways Commissioner (hereafter in Authorit.ytoconstruot iailway.

this Act called " the Commissioner ")may construct and maintain-

(a) A railway (hereafter in this Act called "the said railway ")

in extension of the existing railway from Port Lincoln, from the present terminus of the said existing railway a t Yeelanna to such point as he deems proper near Minnipa Hill, 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 thirty-first day of July, one thousand nine hundred and nine; 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 cuch plans; and (6) All

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The Port Lincoln W w a y Extension Act.-1909.

jb) All proper works and conveniences connected with, or for the

purposes of, the said railway and the said existing rail-

way, or either of them:

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 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 be laid before both Houses of Parliament within fourteen days after the next sittings of such Houses respectively.

Gauge and rails. 4, The gauge of the said railway 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.

Powere of Commis- fi. The Commissioner may demand for the use of the said railway, and for the carriage of goods and passengers thereon, and for the loading and unloading of goods, such tolls, charges, and rates as are from time to time fixed, in manner prescribed by any Act or Acts under which the Commissioner fixes tolls, charges, and rates in respect of the railways under his control.

sioner.	Tolls and
chargm.

A propriation of 6, All tolls, rents, dues, charges, rates, and sums of money which

+.Oh, &c.

are received and levied under authority of this Act shall be paid in such manner as the Governor prescribes to the Treasurer of the said State for the public purposes of the said State.

Tenden to be called	7, The Commissioner shall call for tenders for the construction of the said railway, to be sent in within such time, to such place, and upon such terms, conditions, and provisions as he deems advisable, and may accept or reject any tender, and may construct the said
for.
railway although no tender therefor has been accepted.
purchase .money and

Methodof determining 8, Notwithstanding any thing in any of the ,4cts incorporated

compensation tor

with this Act, whenever the Commissioner desires to purchase or

land taken.

take any land f'or the purposes of this -4ct, and the price to be paid therefor, and the compensation (if any) to be made in consequence of the taking thereof are not determined by agreement in writing, signed by or on behalf of the owner of such land and the Com- missioner, within t menty-one days after the Commissioner has given notice to such owner, as required by section 18 of "The Lands Clauses Consolidation Act," that he requires to purchase or take such land, such price and compensation (if any) shall be determined in the following mamner :-

I. The Commissioner may give notice in writing to such owner of his intention to have the price and compensation (if any) settled by arbitration, and may, by the same or a subsequent notice in writing to such owner, nominate and appoint an arbitrator to act in the reference on behalf of the Commissioner: 11. Such

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The Pwt Lincoln Railway Extension Ad.-1909.

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

I I I. Each such notice nominating and appointing an arbitrator,

or agreeing to the appointment of such 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 h3ve power to revoke the a,ppointment thereby made or such submission without the consent of the other party, nor shall the death of either party operate as a revocation:

IV. 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 I I. , nominating and ap- pointing 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. The provisions of sections 26 to 35 inclusive, of The Lands

Clauses Consolidation Act " as to-

( a ) Supplying a vacancy in the office of an arbitrator, I

and the effect of neglecting to supply the same

( b ) The appointment and powers of an umpire:

(c) The effects of neglecting to appoint an umpire:

(d) The effects of the death or incapacity of a single

arbitrator:

( e ) The effects of the refusal or neglect of an nrbi-

trator to act:

( f ) The effects of the faillire of the arbitrators to

make their award within the time mentioned

in section 31 of the said Act:

(g) The powers of the arbitrators or umpire:

( h ) The declaration to be made by an arbitrator or

umpire:

( i ) The costs of and incidental to the arbitration: and

( j ) l'he delivery of the award and the Commissioner's

duties in respect thereof:

and all other provisions of the said sections, shall, mutatis

mutmdis, apply with respect to the determination of

the said price and compensation: v]. No

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.The Port Limb Railway Extension Act.-1 909.

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

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

matter of form:

vri. Every award under this section of arbitrators, or of a single

arbitrator (in a case where i t 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, 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 shall mean the Supreme Court or a Judge thereof:

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, 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. 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 the same, and the word "land" includes any estate or interest in the land in question:

XI. Sectiotis 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. 2:; of 1855-6,

being an Act ,bo amend the " Lands Clauses Consolida- tion Act," and sections 5 to 11 inclusive of the " Lands Clauses Consolidation Amendment Act, 188 1 ," shall not apply with respect to the determination of the said price and compensation.

~urchase-money of 9. (1) When any Crown lands situated as mentioned in the - -

c".'n go to ~ o a n Fund, and second schedule arh, after the passing of this Act, sold or granted

income to revenue.	or contracted to be aold or granted by or on behalf of the Crown, whether under an agreemeit contain& a covenant to purchase or otherwise, all purchase-monevs 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 purpoaes of the 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 otherwiso upon credit, subsection (l) shall apply only to

so

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T k Part Lincoln Railsvay E ~ i m Ad.-1909.

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 such interest and rent shall, unless and until otherwise provided by Parliament,

be applied as revenue for the general purposes of the State.

(3) This section shall apply to any lands situated as aforesaid which, when sold or granted or coutracted to be sold or granted as aforesaid, are subject to any lease or licence granted by or on behalf of the Crown, as well as to all other Crown lands so situated.

In the name and on behalf of His Majesty, 1 hereby assent to

this Bill.

DAY H. BOSANQUET, Governor.

THE

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The P o r t L i n e o h Railway &tension A et.-1 909.

THE SCHEDULES.

THE FIRST SCHEDULE.

Ordinance No. 6 of 1847.-'* The Lands Clauses Consolidation Act."

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

Act."

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

1881."

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 1876.-"The Railways Clauses Act, 1876."

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

1887."

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

Amendment Act, l89 1 ."

Act No. 612 of 1894.-b6The South Australian Railways Commissioners Act Amendment Act, 1894."

Act No. 912 of 1906.-6b The South Australian Railway8 Commissioners Further Amendment Act, 1906."

Act No. 882 of 1905.-" The Port Lincoln Railway Act, 1905."

Act No. 932 of 1907.-Lb The Port Lincoln ~ ~ i l w a ~ Extension Act, 1907."

THE SECOND SCHEDULE.

I. All Crown lands which are situated on either side of the railway and within sixteen miles thereof and lie owthe northerly side of a line passing through the starting point of the railway and running a t right angles to the railway at the said starting point; and

11. All other Crown lands @ h a t e d within sixteen miles of the terminus of the railway.

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

Act.

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p -p-.-

Adelaide: By authority, R. E. E. R o o ~ ~ e, Acting Government Printer, North Terrace.