The Tramways Electric Traction Act 1904 (SA)

ANNO QUARTO

EDWARDI V11 REGIS.

A.D. 1904.

No. 865.

An Act to authorise the Government to Purchase certain Tramways and to provide for Working them by Electric Traction, and for other purposes.

[Assented to, November zgth, rpog.]

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 Tramways Electric Traction short title.

Act, 1904."

2, The Adelaide and Suburban Tramways Electric Traction Repeal.

Act, 1901, is herebv repealed as from the first day of January, one thousand nine hundred and five, but the right of the Government or the Treasurer of the State in respect of the sum of Eight Thousand Pounds deposited with the Treasurer in pursuance of the thirty-fifth Joint Standing Rule and Order of the Parliament of South Australia shall not be prejudiced by this repeal. I

3, I n the construction of this Act, so far as the context and Wwretation.

subject-matter permit-

Lessee" shall mean any lessee under this Act of any tramways

or tramway:

G Government " shall include any Minister, corporation, officer, or other person for the time being authorieed by the Governor to exercise the powers of the Government under this Act, or any of such powers:

6-866 “ Deposited

4 O EDWARDI VII, No. 865.

Tke Tramways Electrio T~action Act.-1904.

Deposited plans" shall mean the plans of the tramways which

were deposited in the office of the Surveyor-General, in

Adelaide, on the sixteenth day of August, one thousand

nine hundred and four, and marked E. M. Smith":

a Company " shall mean and include any company or person from whom the Government shall purchase or propose to purchase any tramway or undertaking under section 7.

" Cost of purchase" shall mean the price paid by the.Governmeut

for any purchase under section 7, plus all costs, charges,

and expenses of and incidental to such purchase:

U Tramways Trust " shall mean any Municipal Tramways Trust hereafter formed by the Corporation of the City of Adelaide in conjunction with the Municipal Corporations and District Councils within whose limits any tramways or any alterations or extensions thereof shall be laid or worked under this Act, or in conjunction with any of such Corporations or Councils:

Tramway " shall include tramways and vice versci :

Movable plant " shall mean horses, cars, and all things con- nected with the working of horse tramways except tramway lines, land, and buildings.

Incorporation. 4, The General Tramways Act, 1884, and the Acts men-

tioned in the First Schedule hereto shall, subject to the provisions hereof, be incorporated with this Act, and shall, so far as a.pplicable, apply to the works and undertakings hereby authorised or that may be authorised or carried out pursuant to this Act.

~e-carrying

out 6, Any person or persons who may pursuant to this Act be authorised to execute and carry on any works or undertakings, and every lessee and contractor under this Act, shall be deemed to be c c the promoters " within the meaning of The General Tramways

wOrhto be

promoters.

Act, 1884: Provided that section 54 of The General Tramways	Act, 1884, shall not apply to them dr to any corporation or company
which shall through them become the lessee or contractor.

Arbitration Act to

apply to srbitratione 6, The Arbitration Act, 1891, shall, subject to this Act, apply

under this A&. to every arbitration, reference, and award under this Act, and this Act shall be deemed a submission within the meaning of the mid Arbitration Act.

Government may 7,

(1) The Government may at any time, after one month's notice whole of the tramways and undertakings referred to in the Acts mentioned in the First Schedule hereto at a price to be determined, in default of agreement, as hereinafter mentioned: Provided that such notice be given within two years from the date when this Act shall come into force.

purchese tramways. in writing to the company of its intention so to do, purchase the

(2) The

4 O EDWARDI VII, No. 865.

The !lbamways Electric 15 .ac th Act.-1904.

(2) The words Special Act " in section 19 of The General

Tramways Act, 1884, shall be construed to have meant the several

Acts mentioned in the First Schedule hereto.

(3) Failing agreement in writing as to price within one month Arbitrators.

after the expiry of the said notice, one arbitrator &all be appointed by the Government and one by the company, and all matters relating to such purchase shall be submitted to the decision of such arbitrators; and such arbitrators shall state the value of the movable plant of such tramways and undertakings.

(4) The parties to the arbitration, or either of them, may apply Applioationto court.

to the Supreme Court or a Judge thereof to settle the principle upon which the purchase-money is to be estimated, and may bring the matter before such Court or Judge by summons, petition, or special case, or otherwise, as the said Court or Judge may order, and the decision or direction of such Court or Judge upon the matter of the said principle shall be subject to the like appeal as any judgment or order of the said Court in its ordinary jurisdiction.

(5) The Government shall not carry out the purchase unless, within twelve months after such awards or any agreement in writing as to price entered into between the Government and the company, a tender shall have been accepted under section 10 hereof. In such case the power of the Government to purchaee the tramway and undertakitlg may be exercised within two months after such tender has been accepted, and not otherwise. I n case the Government do not make the said purchase within the said period of two months, the power of the Government to purchase the tramways, otherwise than by agreement with the companies,' shall be and become exer- cisable at the expiry of every successive period of five years from the expiry of the said period of two months, subject to six calendar months' notice to the companies of the intention of the Goveimnent so to do.

(6) The Government shall pay all costs and charges of and inci- Costa of award.

dental to the reference and award.

plote the purchase, the Government may pay the purchase-money at purchase-money. (7) If the Government shdl give notice of their intention to com- Time for payment of

any time within six months after such lasbmentioned notice, and until

the purchase shall be completed the company shall without inter-

ruption carry on their undertaking in the same manner' as imme-

I

diately prior to the giving of the notice mentioned in sub-section

(1) hereof.

(8) The company shall, until such purchase be completed, maintain Oompllny to -tain

their undert~iking in as good an order and condition as the same was u"de*g.

in at the time of the said award.

(9) Upon completion of any such purchase the Government shall, Powemof M ~ P B ~ Y

subject to this Act, have all the rights, powers, immunities, a d

vested in Government

privileges which the company had prior to such purchase being

effected.

8. In

4' EDWARDl 1 No. 865.

The 13.amways Electric Traction Act. --1904.

Pawere veeted in

Government. 8, In addition to the powers mentioned in the last preceding aection, the following powers are hereby vested in the Government in reference to all or any of the said tramways which shall be pur- chased by the Government :-

I. To convert the system of horse traction into a system of

electric traction, with or without overhead trolleys:

11. Until the whole of the lines of tramways shall be electrified, to

use electric traction either alone or together with horse

traction:

I I I. For the purposes of this Act, to form, lay down, make, con-

struct, work, maintain, repair, and use the tramways described in the First Schedule hereto on the lines shown in the deposited plans, and such curves and turnouts as the Government may think expedient, with all proper rails, plates, links, sidings, junctions, stations, approaches, and conveniences connected therewith:

TT. 'l'o construct, work, maintain, repair, equip, and use all works necessary for the construction, establishment, adaptation. and maintenance of such system of electric traction upon the tramways, and for all purposes incidental thereto or in connection therewith:

v. To relinquish and remove any portions of the existing tram-

lines:

vr. With the consent of the road authorities to make deviations, modifications, and alterations in existing routes along which the tramlines now run when such deviations, modifications, and alterations shall be found necessary or expedient for the efficient running of the tramcars.

Q, (l) The Government shall, upon such terms and conditions, subject to this Act, as it shall think fit, grant a lease of the tramways and undertakings acquired under this Act to the person who shall	tender for the shortest term in consideration of such person agreeing	to effect the conversion of the system of horse traction of the tram-
ways and undertakings so acquired into a system of electric traction, and otherwise~complying with the provisions of this Act, and may confer upon such person during such lease all or any of the powers vested in ' the Government by sub-section (9) of section 7 and by section 8 of this Act.

Tenden to be called

for electrifying (2) The Government shall forthwith call for tenders, upon such

tramways.

terms and conditions, subject to this ,4ct, as i t shall think fit, from

persons desirous of obtaining a lease under this section.

Conditio~ of tender 10,

(1) Each tender shall state the number of years' lease of the tramways and undertakings required by the tenderer in con- sideration of effecting the conversion and constructing the works specified in the conditions of tender and in plans and specifications to be prepared by the Government. (2) The

and lesae.

4' EDWARDI VII, No. 865.

The Framways Electric Fraction Act.-1904.

(2) The tenderer shall purchase, at the same price as that paid by the Government, all the tramways and undertakings bought by the Government under section 7 of this Act.

(3) The tender and the specifications shall, so far as possible, be framed so as not to advantage any particular person, firm, or corn- PanY*

(4) The work of conversion shall commence within six months from the date of acceptance of tender, and as regards the tram- ways mentioned in the Second Schedule shall be completed as to twenty miles of tramways within one year from such date, and as to the remaining portions of such last-mentioned tramways within two years from such date.

(5) As to the rest of the tramways acquired by the Government under this Act the lessee shall convert the same into a system of electric traction within twelve years from the paseing of this Act, but so that not less than nine miles of tramway shall be so converted in every three years after the expiration of the time limited by sub-section 4 hereof until the whole of the tramlines mentioned in the First Schedule shall have been electrified.

(6) Until the whole of the tramways shall be electrified the lessee shall, as to those portions of the tramways which are agreed to be electrified, agree to work and shall work the same, or such portions thereof as shall not have been electrified, with the plant as taken over bv the Government and purchased by him, with as little interruption and diminution of the then existing traffic as possible, until the process of conversion is complete.

(7) The lessee shall work the whole of the tramways*comprised in

his lease so that at least the same number of cars shall run thereon as are now run and as are specified in the time-tables published

on the first day of August, one thousand nine hundred and four, by

the various companies to which such tramways belong.

(8) Every tenderer shall deposit with the Treasurer of the State Tenderer to give

such sum of money, not being less than Twenty Thousand Pounds, .BoLV'ty.

as the Government shall require, as security for the due performance by him of the covenants, provisions, and conditions of his tender, which sum of money shall be forfeited to the Government for non-corn pliance with the covenants, provisions, and conditions of his tender, under circumstances to be specitied in the conditions of tender for the lease.

I

(9) The conditions of tender shall state that neither the loweet

nor any other tender shall be necessarily accepted, and the lease

shall state that no employ6 shall work more than forty-eight hours

per week, except in cases of emergency, for which overtime shall be paid, and contain such other terms and conditions as to the Govern- ment may appear to be necessary,

11. (1) Section -19 of The General Tramways Act, 1884, shall 8eo. 19 of T--V

not apply to the trarnwaya mentioned in the First Schedule after ""9 lS8'9 exduded.

the mid tramways have been electrified. ( 2 ) At

4' EDWARDI VII, No. 865.

me Tramways Electric Duction Act.-1904.

may purchase from	~0~1-11mentorRu8t (2) At any time after the expiration of fourteen years from the
le~aee. commencement of the term of any lease of tramways under this Act

the Government or the Tramways Trust may, after six months' notice in writing to the lessee of its intention so to do, purchase the tramways and undertakings at a price to be determined, in default of agreement, as hereinafter mentioned.

Arbitrators.	(3) I n case of difference as to price, one arbitrator shall be appointed by the Government or Tramways Trust and one by the lessee, and all matters relating to such purchase shall be submitted
to the decision of such arbitrators.
Purobase not	(4) The Government or the Tramways Trust need not carry out the purchase if within one month from the making of the award it shall give to the lessee notice in writing that it does not intend to do so. I n such case the power of the Government or Tramways Trust to purchase the tramwsy and undertaking otherwise than by agreement with the lessee shall be suspended for five years from the making of the award, after which time the rights of the Govern- ment or Tramways Trust shall be the same as before the arbitration.

neceemril y	carried
out.

oo~te.	(5) The Government or the Tramways Trust shall pay all costs and charges of and incidental to the reference and award.
Priority of rights.	(6) As between the Government and the Tramways Trust, the latter shall have the prior right of purchase under this section.
Trustmypumhase	(7) The Tramways Trust shall have the right, on giving six months' notice in writing to the Government, to buy from the Government any tramway and undertaking purchased by the Government- under this section at a price equal to the cost of purchase by the Government.
from Government.
Pnrchsse-money m y

be paid in bonds, &c. may, with the payee's consent, be paid by Government bonds or 12, Any purchase-money due by the Government under this Act

Treasury bills, or both, bearing interest at Four Pounds per centnm per annum, and payable twenty-one years from date, and the

Government is hereby authorised to issue such bonds and bills.

Tramwq tovest in	13,	(1) Upon the termination of any lease granted under this
Government at end

of l ~ e.

Act the tramways comprised therein and the undertakings belonging

to such tramway s h d vest in the Government.

Beeale to Trust.

(2) The Government may assign such tramways and under-

takings to the Tramways Trust upon payment of the agreed value

thereof.

(3) The Government may accept from the Tramways Trust, in payment of the purchase-money, bonds of the said Trust, bearing such rate of interest and repayable at such time or times as may then be agreed upon.

Mmmr of oonstmc- 14, ( 1) The tramways hereby authorised shall be constructed

tim.	and maintained with two rails, the running surface of which shall be
laid not less than four feet eight inches apart. (2) The

4" EDWARDI VII, No. 865.

The Damways Electric l h c C i o n Act.-1904.

(2) The uppermost surface of every rail shall be and be main- tained on a level with the surface of the road.

(3) The rails shall be of iron or steel, and shall weigh not less than ninety pounds to the yard.

(4) The rails shall be grooved, and the groove shall not exceed one and a quarter inch in width.

(5) The rails shall be suitably and properly bonded, and the

return circuit shall be of such a character as to comply with the regulations of the British Board of Trade, and the whole of the works shall be carried out to the satisfaction of the South Australian Railways Commissioner.

This Act, as regards the lessee, is subject to all rights acquired

,itp

graph Company, Limited, and the lessee shall in all things so con-

struct the works provided for by this Act as not to prejudicially

intedere in any way with the said company's subterranean telegraph

line connecting the said company's submarine telegraph cable at the

Submarine Cable

Company's oables ta

15.

by or vested in the Eastern Extension, Australasia, and China Tele- construct any works over, or under, or across such subterranean line without giving to the manager of the said company, at Adelaide, seven days' previous notice in writing of his intention so to do.

16. The lessee shall repair and make good any damage to sub- Water pipes to be

terranean water pipes and sewers, the property of the Government, m~ai"d.

caused by any works constructed under the authority of this Act.

17, The lessee shall make full compensation to the South AUS-

tralian Gas Company and the South Australian Electric Light and Motive Power Company, Limited, for any loss or damage which may occur to any of its mains, branch and service pipes,wires, or other works owing to or arising from the supply of and use of electrical power under the provisions of this Act, including damage due to or arising from electricity in or escaping from any of the works of the	Government lessee, and shall free and relieve the South Australian	Gas Company and Electric Light Company from all liability in
respect of any loss or damage due to or arising therefrom.

18. For the purpose of constructing, maintaining, renewing, or in addition

reconstructing any works or appliances necessary or expedient for ! & ~ ~ n ~ ~ $ ~ ~

the efficient working of the tramways by electric traction the lessee ways A C ~, 1884.

or the Government may, from time to time-

I. Erect and maintain in, over, or under any street, road, roadway, or pathway along or across which the tramways are laid, and in, over, or under any street, road, roadway, or pathway lead- ing thereto from the power stations, and (with the consent of the owner and occupier thereof) attach to any house or building in any such street, road, or pathway such posts, conductors, tubes, mains, plates, brackets, electric cables, and apparatus of wood, iron, or other material as may be

necessa y

4' EDWARDI 1 1 No. 865.

The Tramways Electric Fraction Act.-1904.

--

necessary for supporting the wires, cords, cables, and con- ductors used for transnli tting the electric energy; and place thereon and suspend, and maintain suspended there- from, such cables, wires, cords, conduits, and apparatus as may be necessary for transmitting such energy:

cr.	Lay any cables, troughs, wires, cords, conductors, and apparatus underneath any such street, road, roadway, or pathway for transmitting electric energy:
I	1 1.	Make and maintain such openings and ways in, on, or under the surface of any such streets, roads, roadways, or path- ways as may be necessary or convenient either for the working of the tramways or for providing access to or forming connections with any power stations, engines, machinery, or apparatus:

rv. Open and break up a street, road, roadway, or pathway, but

not so as to open or break up at any one time and place

a greater length than two hundred yards:

v. Alter the position of sewers, gas pipes. or water pipes, or (with the approval of the Commonwealth Postmaster-General) raise, lower, alter, or remove any telegraphic, telephonic and electric wires, posts, and apparatus:

vr. Make alterations in any existing works and appliances belonging to the tramways and undertakings mentioned in the First Schedule hereto, and execute other works and provide other appliances, whether temporary or permanent:

VII. 'Take up and relay and (if necessary) alter the position and

situation of the existing last before-mentioned tramways, and make such extensions thereof, variations therefrom, and alterations therein as may be necessary or expedient for the purpose of adapting the same to electric traction, and rendering the tramlines fit and proper for the use of

carriages propelled by electric power. The centre line of

every track shall be parallel with the centre line of the street or road in which such track shall be laid, and, in case of double lines, shall not be less than five feet nor greater than ten feet from such centre of street or road.

In the case of a single line of track running at the side of

a street or road its centre line shali not be less than three feet six inches nor greater than eight feet distant from the adjacent kerbing, and where a single line of track is cen- trally located in a road or street its centre line shall not be more than four feet from the centre line of such street or road; but this provision shall not apply where the lines of a tramway shall be a curve, as shown in the deposited plans; and al l provisions regulating the centre lines and the positions of tramlines in the streets and roads con- tained in the Acts mentioned in the First Schedule hereto are hereby repealed: V I I I. Make

4' EDWARDI VII, No. 865.

The !Z+amutays Electric Daction Act. -1904.

v ~ i r. Make new or alter existing junctions and sidings:

IX. Enter into working agreements or trafiic arrangements with

any Corporation, District Council, company, or person

willing and competent to enter into the same:

X. With the consent of the Government, discontinue the work- ing of any tramline, and temporarily remove and construct the same in the road or street in which such trarnline is laid or in a road or street adjacent thereto, and use such temporary tramline in lieu of the tramline so removed or discontinued, and, subject to the like consent, maintain and work the same so long as occasion may require.

19, If any difference shall arise between the lessee and the Differencestobe

Government; as to the refusal or withholding of such consent after r e f e d.

the same shall have been applied for in writing, the same shall be referred to thedecision of two arbitrators, one to be appointed by each party.

20, The lessee or the Government may purchase ant1 take, under ~ncorporstion of

Lands Clauses Acts.

the povisions of The Lands Clauses Consolidation Act and any lands subject to a public right-of-way) necessary for any undertaking authorised by or under this *4ct, including such land or land and buildings as may from time to time be required for the erection of power or storage stations, with all necessary offices and appurte- nances, and for that purpose all the provisions of those Acts are incorporated in this Act.

21, Subject to the next succeeding section, the system of electric P-J ~ t i ~ ~.

traction into which the said tramways are to be converted shall, from the beginning of such conversion, be divided into sections, each of which shall be not less than one mile in length, and fares shall not exceed One Penny per section for each passenger.

22. 'The lessee, or the Government if working the tramway, ~ o l b snd farm.

shall not demand or take from any passenger travelling upon the

tramways authorised by this Act, or upon any part thereof (inclu-

ding tolls for the use of the said tramways and the carriages, and

for motive power, and every other expense incidental to such con-

veyance), any tolls exceeding the fares charged on the first day

l

of August, one thousand nine hundred and four, by the various

companies to which such tramways belong.

23. The foregoing restrictions as to fares which may lawfully be b. -.

demanded shall not extend to special cars, but shall apply only to the ordinary cars appointed from time to time for the conveyance of passengers; neither shall such restrictions interfere with the right of the Government or lessee to demand and take freight and charges for the carriage of mails and parcels.

B-866 34, The

4' EDWARDI V I I, No. 865.

Tlie fiamzaays E1ecIrtoc Daction Act.-1904,

Liability tor rates.

24. The Government or the lessee shall be liable as a ratepay& on all ratable property to the Municipal Corporatio~s and District Councils within whose limits the tramways, or alterations, or exten- sions thereof shall be situated, for Municipal and District Council rates and taxes and licences and other fees. The tramway lines shall be rated in manner prescribed by section 23 of The General Tramways Act, 1884.

Payment8 to Muniri-

l CorpcJrations and 25. The lessee shall make the following payments for the Muni- cipal Corporations and District Councils within whose limits the tramways alterations or extensions shall be laid, namely:-From the date of the complrtion of the said work of conversion, and during each of the next following seven years of his lease, One Pound per centnm upon the gross takings of the tramways for each year, and during each of the remaining years of his lease One Pound Ten Shillings per centum upon such takings for each year. Such pay- ments shall be made on or before the thirty-first day of March in each year in respect of the immediately preceding year to the Treasurer of the Corporation of the City of Adelaide, to be distri- buted amongst the Corporations and District Councils entitled thereto in the proportions and mauner determined upon by them; the first

P;i81,iat colmeils.

of such annual payments, or for the proportionate part of the first

year, to be made on or before the thirty-first day of March next

after the completion of the work of conversion.

In the name and on behalf of His Najesty, I hereby assent to

this Bill.

GEORGE R. LE HUNTE, Governor.

SCHEDULES.

EDWARDI No.

The Tramways Electric Traction Act.-1904.

THE FIRST SCHEDUIAE.

L. Adelaide and Suburban Tramways Act, 1876."

" The Adelaide, Unley, and Mitcham Tramways Act, 1877."

" Adelaide and Hindmarsh Tramways Act, 1877."

Adelaide and Hindmarsh Tramways Extension Act, 1881."

'' The Adelaide and Parkside South Tramway Act, 1881."

Adelaide and Goodwood Tramway Act, 1881 ."

Adelaide and Suburban Tramways Extension Act, 1881."

" The Adelaide and Hyde Park Tramways Act, 1882."

" Adelaide and Suburban Tramways Extension Act, 1882."

" Prospect, Nailsworth, and Enfield 'I'ramway Act, 1882."

" The Adelaide, Payneham, and Paradise Tramways Act, 1882."

Adelaide and Parkside Tramway Extension Act, 1883."

" The General Tramways Act, 1881."

" The Adelaide, Unley, and Mitcham Tramways Act, 1877, Amendment

and Tramways Enlargement Act, 1891."

bb The Adelaide and Parkside Tramway Enlargement Act, 1896 "

The Adelaide, Payneham, and Paradise Tramways Act, 1882, Amendment

and Tramways Extenrtion Act, 1889."

THE SECOND SCHEDULE.

The following portions of the tramways constructed under the Acta mentioned in

the First Schedule, that is to say, all the tramways between their present termini in

the City of Adelaide md-

(a) The corner of Barton Terrace and O'Connell Street in North

Adelaide,

(b) The terminus of the Walkerville tramway,

(c) The Payneham trameheds,

( d ) Tbe Maylands tramsheds,

(a) The Kensington terminus,

(f j The Parkaide tramshede,

(g) The crosa roads between Unlep and Mitcham,

(A) The Henley Beach terminus.

p-	a
p-

Adelaide : By authority, C. E. BUIBTO'R, Oovernmmtt Printer, Nortb Temam.