The Tailem Bend and Browns Well Railway Act 1909 (SA)

EDWARDI V11 REGIS.

A.D. 1909.

No. 980.

An Act to provide for the Construction. of a Railway from Tailem Bend via Mindarie and North of Schell's Well to a Point South-East of Brown's Well, and for other purposes.

[Assented to, December rst, 1909.1

E it Xnacted 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 " 'l'he Tailem Bend and Brown's Short title.

Well Railway Act, 1909."

A-OS@

2, The Acts mentioned in the First Schedule of this Act, and all ~ o t s incorporated

Acts heretofore or hereafter passed amending or substituted for the herewith.

said Acts, or any of them, shall, so far as they are severally applicable,

be incorporated and read with this Act.

3, The South Australian Railways Commissioner (hereafter in Authoritytoconstru.t rail way.

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

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

from 'l'ailem Bend, running via Mindarie and to the north

of Schell's Well, to such point as he deems proper to the

south-east of Brown's Well, as the said railway is delineated in the plan deposited in the ofice of the Surveyor-General, in Adelaide, signed " Walter Rutt, Chief Engineer for Railways," and dated the third day of November, one thousand nine hundred and nine; or as the said railway is delineated in any plans after the passing of this Act so "

deposited

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The Tailent Bend and Brown's TVgZZ Railway Act.-1909.

deposited, pursuant to any law for the time being in force

as to the deposit of such plans; and

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

L	purposes of, the said railway, or the said railway and any
existing railway:

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 &id section before causing copies of such plans and books of refhrehck to be laid before ~arliame&'; blit such copies shall be laid before both Houses of Parliament within fourteen days after the next sittings of such Houses resp'ectively.

Gauge and rails. 4, The gauge of the said railway shall be five feet three inches,

and* the 'rails used in the construction ihereof shall be of iron or steel, and of the weight of not less than forty pounds to the yard.

Tolls and chargee. 5; The Commissioner may demand for the use of the said railway, and in respect thereof, 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 by the Com- missioner, 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.

Appro riation of 6,

All 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

to,ls, L.

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

Tendere to be called

7, The Commissioner shall call for tenders for the construction and to be upon such terms, conditions, and provisions as he deems

for.

of the said railway, to be sent in within such time, to such place,

advisable, and may accept or reject any tender, and may construct

the said railway although no tender for the construction thereof has

been accepted.

ing purchase-money 8, Notwithstanding anything in any of the Acts incorporated sndcompen&ion for with this Act, whenever the Commissioner desires to purchase or land tslen. take any land for the purposes of this Act, 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 twenty-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 manner :-

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

of his intention to have the price and compensation (if

any

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The Tailem Bend and Brown's Well Railway Act.-1909.

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:

1 1. Such owner may, within twenty-one days after the giving

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:

111. 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 01. such submission without the consent of the other partv, nor shall the death of either party operate as a revocation:

;v. 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 11. hereof, agreeing that such arbitrator shall be sole arbitrator or nominating and appointing another arbitrator, the Commissioner may ap- point 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

Lands Clauses Consolidation Act " shall, nzutatis mutandis,

and compensation: apply with respect to the determination of the said price

V I. No notice, appointment, or award made under this section

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

matter of form:

v11. Every award under this section of arbitrators, or of a single arbitrator (in a case where it is agreed, as mentioned in p a r e graph I I. hereof, that an arbitrator shall be the sole arbi- trator, 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 arbi- tration 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:

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The Tailem Bend and Brown's W e l l Railway Act.--1909.

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:

11. 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 interebt in the land in question:

XI. Sections 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. 26 of 1855-6, being an Act to amend the "Lands Clauses Consolidation Act," and sections 5 to 11 inclusive of the " Lands Clauses Consolidation Amendment Act, l88 1 ," shall not apply with respect to the determination of the said price and compen- sation.

P U W ~ W - m o q of 9. (1) When any Crown lands situated as mentioned in the

Ml'"cmwn'mbtO	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-money S 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 chase, or otherwise upon credit, subsection (1) shall apply only to	sold or granted under an agreement containing a covenant to pur-	ao 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 said State.
(3) This section shall apply to any lands situated as aforesaid which, when sold or granted or contracted 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, I hereby assent to

this Bill.

DAY H. BOSANQUET, Governor.

EDWARDI VII, No.

The Tailem Bend and Brown's Well Railway Act.-- 1909.

THE SCHEDULES.

THE FIRST SCHEDULE

Ordinance No. G of 1847.p" The Lands Clauses Consolidation Act."	Section 2.
Act No. 26 of 1855-6, being an Act to amend " The Lands Clauses Consolidation

Act."

Act Xo. 202 of 18R1.-"The Lands Clauses Consolidation Amendment Act,

l881 ."

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 Railway Clauses Act, 1876."

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

1887."

Act No. 5 12 of l89 1 .-" The South Australian Railways Con~missioners Act,

Amendment Act, 189 1 ."

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

Amendment Act, 1894."

Act No. 912 of 1906.-" The South Australian Railway8 Commissioners Further

Amendment Act, 1906."

THE SECOND SCHEDULE.

I. All Crown lands which are situated on either side of the railway and within Section 9.

eixteen miles thereof, and lie on the east and north of the existing railway from

Murray Bridge to Pinnaroo; and

11. All other Crown lands situated within sixteen miles of the terminus of the

railway.

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

Act.

Adelaide : By authority, R. E. E. Roams, Acting Government Printer, North Terrace.

B-980