The Transcontinental Railway Act 1902 (SA)

ANNO SECUNDO

A.D. 1902.

No. 803.

An Act to provide for the construction of a Line of Railway from Oodnadatta, in the State of South Australia, to Pine Creek, in the Northern Territory, and for other purposes.

[Assented to, November th, 1902.1

E it Enacted by the Governor, with the advice and consent of

B the Parliament of South Australia, as follows:

PART I. PART I.

PRELIMINARY.

P ART v I .--Gmn t of Lands for Construction:

1, 'lhis Act may be cited for all purposes as "The Transcon- shorttitle.

tinental Railway Act."

Acts amending the same, shall, so far as applicable, be incorporated other .Act& 2, The Acts set forth in the First Schedule, together with the Incorporation with

with and form part of this Act.

3, This Act shall be divided into Parts, as follows:-	Diviaion d Act into
Parb.

P A RT I .-Preliminary :

PART 11.-The Authority to Contract:

PART 111.-Relating to Tenders:

PABT I v.-The Contract and Construction:

P ART v.-The Contractor's Duties:

2 2" EDWARDI VII, No. 803. - - - -

The Danscontinentd Railway Act. - l 902.

PART v I J I.-The Palmerston and Pine Creek Railway.

Definitions. 4, In this Act the terms set forth hereunder shall have the

respective meanings set opposite to them-

" Commissioner "--'L'he South Australian Railways Commissioner:

" The Engineer-in-Chief "--The Engineer-in-Chief of the South Australian State Kailway s:

" The Railway "-The railway to be constructed under the

provisions of this Act and any part thereof, and the lands whcrcon the same is constructed or that may be used therewith, including all works, buildings, rolling-stock, machinery, and plant of every kind connected therewith, and, for the purposes of " The Lands Clauses Consolidation Act," shall be deemed to be "The Undertaking" therein referred to:

The contract" means the contract entered into between the Governor and any person, pursuant to the provisions of this Act, for the construction and maintenance of the railway:

a The contractor "-The Icrson who contracts to construct the

railway; and shnll include " The Promoters of tho Under- taking " under " The Lands Clauses Consolidation Act," and The Company " under the " Kailway Clauses Con-

solidation Act ":

The termini "-The present terminus of the railway at Oodna-

datta- and the present terminus of the Palmerston and Pine

Creek Railway at Pine Creek:

Land " shall mean land which the Governor may lawfully grant

in fee simple and which is not subject to :my lease or licence

granted by or on behalf of the Crown, except pastoral leases.

PAET 11. PART 11.

T H E AUTHORITY TO CONTRACT.

Power to contract for

eonstruotion. 5, 'She Governor is hereby authorised to contract, subject to the provisions of this Act, with any person for the construction of the railway in return for land to be granted to the contractor in manner hereinafter provided.

Route defined. 6,

The route of the railway shall be as defined in the plan in the Second Schedule marked '' Houte of Proposed Railway," or such alternative route as maq be agreed upon; but in no case shall the

length of the r~ilway exceed one thousand two hundred miles.

' 2 EDWARDI VII, No. 803.

The Trawscontanental Railway Act.-1 902.

PART 111. PABT III.

RET,ATINQ TO TENDERS.

passing of this Act, call for tenders by advertisement in the call for tendem. 7, The Commissioner shall, within three months after the The Oommiesioner to

Gooewtment Gazette and in puhlic newspapers in Australia, Great

Britain, America, France, and Germany for the construction of the rail way.

8, Tenders shall be forwarded to the Commissioner on or before Tense, to contain

a day to be named in the advertisement, not being later than ~ ~ ~ ~ ~ ; ~ ~ v

eighteen months from the passing of this Act, and shall contain the within eighteen

monthe from the

following particulars: - paseing of this Act.

I. The quantity of lsnd required by the tenderer for the con-

struction of each mile of the railway:

11. The number of miles undertaken to be constructed in each

year from each of the termini:

I I r. The time within which the tenderer undertakes to complete

the construction of the railway:

r o. Such other particulars as the Commissioner shall require.

9, Tenderers shall not he restricted to the route as defined in Tenderer not limited '

the plan in the Second Schedule, but they may tender for the con- eeplsn.

to route aa defined in

struction of the railway by such other route as may be defined in

the plan accompanying the tender.

10, In the event of any tender being accepted, a plan of the rail- De~oeited lan to be deemed to L the

way as tendered for shall be deposited by the successful tenderer in &gorigiml	,hnsv.
the office of the Surveyor-General, and such plan shall be deemed to be the original plan " within the meaning of " The Railway Clauses Conso liclation Act. "

11, Each tenderer shall deposit with the Commissioner a sum ~ e o h tendemr to

of 'Ten Thousand Pounds with his tender, which shall be returned $z$eFTbOutand

to him in the event of his tender not being accepted. but which

shall be absolutely forfeited to the Commissioner should the tenderer, in the event of his tender being accepted, fail or refuse to sign a contract under this Act in accordance with his tender.

12, No tender shall be accepted in which the lands required to be Land8 required not to exceed wvtmty-five

granted shall exceed seventy-five thousand acres for each mile of th,,,a ecreefor

the railway, exclusive of the land taken or used for the railway as ~ h m i h w n ~ t ~ t ~.

provided by section 18.

13, The Governor may accept or refuse any tender.	or tefuse my tender.
Governor may acoept

14, I n the event of no tender being sent in or accepted Governor may con-

within eighteen months from the passing of this Act, the Governor at any time in for construotion

may at any time thereafter contract with any person for the con- absence of tender.

struction of the railway upon the conditions allowed by this Act..

PART

26 EDWARDI VII. No. 803.

The Franscontinental Railway Act.- 1902.

PABT rv. PART IV.

THE CONTRACT AND CONSTRUCTION.

Succeasfultenderer to	15, The successful tenderer shall, within one month of the
sign cdnrc t and

deposit Forty acceptance of his tender, sign the contract and doposit Forty 'Thousand

T ~ o u ~ s n d	Pounds	Pounds with the Commissio~~er,	which, together with the deposit
with the

Commissioner. of Ten l'housand Pounds previously paid, shall be held by the Commissioner as security for the faithful performance of the con- tract.

Plan,, aectiona, &C., 16. Before proceeding with the construction of any part of the

de~*te"nd

approved.

railway, the contractor shall deposit in the office of the Engineer-in

Chief plans showing the line and levels of such part, and also all

working plans, sections, specifica lions, and drawings for the con-

struction thereof; and such plans, sections, specifications, and draw-

ings shall be su hmittcd to the Governor for his approval, and the

contractor shall not proceed with the construction until such

approval has been signified to him in writing by the Commissioner.

Deviation may he 17. The Governor may authorise deviations from the route as

made. defined in the original plan.

Bailmy not to exceed 18. The lands to be taken or used for the railway shall not

subject to necessary exceed two chains in width, except where the Engineer-in-Chief	two chains in width,
requirements. certifies that a greater width is necessary for-

r. Affording an approach to the railway; or

1 1. Affording room for rolling-stock to turn, remain, or pass; or

t I I. Raising embankments for crossing valleys or low grounds; or

IV. Cutting through high ground; or

v. Erecting fixed or permanent machinery stations, or other

structures or buildings; or

vt. Excavating, removing, or depositing earth or other materials; or

. F I I. Any other purpose connected with the construction or main-

tenance of the railway.

Railway to be com-	19, Unless otherwise allowed by the ('ommissioner, the con-
mencd from both

termini. struction of the railnay shall be simultaneously commenced and continuously carried on from each of the termini, in unbroken lines, until completed.

The line to be

auperviaed by the	20, 'I'he railway shall be constructed of sound material, subject from time to time at all points of construction to the supervision and approval of the Engineer-in-Chief, or of any officer duly authorised
,
by the Governor in that behalf.

o s ~ p of nrilw-ay. 21. The gauge of the railway shall be three feet six inches.

22. Tha

2" EDWAKDI VII, No. 803.

The ll-anscontinental Railway Act.- 1902.

22, The rails and fastening8 shall be of steel, and the rails shall be of a weight of not less than sixty pounds to the yard.

Rails to be not lesr

than sixty poundr to

the yard.

23, The motive power of the railway shall be steam, or such Motive power to be

other power as may at any time be approved by the Governor.

steam.

24, Not less than two hundred miles of the railway shall be constructed within two years after the signing of the contract, and

structed ench year :

Mileage to be con-

and time allowed for .

not less than one hundred miles in any one year thereafter, and

completion.

the railway shall be completed and opened for public traffic within

eight years after the signing of the contract.

PART V.

THE CON'RACTOR'S DUTIES.

25, The contractor shall continuously after the completion of the railway provide a train 'for goods and passengers, which shall	to be run at not lest3
One train each week
than twenty miles

run once &I each week the whole distance from each of the termini each hour.

to the other, and which shall travel at a rate of not less than twenty

miles in each hour, including stoppages.

26, The contractor shall at all times during and after the con-

struction of the railway-

( a ) Convey upon the railway free of charge all Members of	The contractor to
convey Membere of

the South Australian Parliament, and also all persons

ParliRment and

Government

authorised by the Commissioner who are en;~aged in

employ& free.

connection with the railway, together with their neces-

sary luggage, stores, and equipmen ts:

( b ) Keep the railway in good and efficient repair aud working Keep milway in

PBpair-

condition to the satisfaction of the Engineer-in-Chief:

(c) Comply with all reasonable requirements of the Engineer- Cornply with require- ments of Engineer-

in-Chief: in-Chief.

(4) Comply with all the requirements of the contract and of Comply with Act m d contract.

this Act.

27. Except with the approval of the Governor, the charges per scale of charges.

mile for the carriage of goods and passengers on the railway shall never at any time exceed the rates per mile being charged on the South Australian Railways from Port Augusta to Oodnafiatta.

28, If the contractor shall fail or neglect to carry out any Railway and depoait

requirement of the contract or of this Act, the Commissioner may liable to forfeiture.

give four months' written notice to the contractor to begin, carry

on, or complete any of the matters so required to be begun, carried

on, or completed; and if at the expiration of the time specified in

such notice the works and matters therein required to be done are

not

6 ' 2 EDWARDI VII, 0. 803.

-

The 13.anscontirtentcal RaiEway Act.-1902.

PART v* not so begun, carried on, or completed, the Governor may, by Pro- clamation, cancel the contract, and the deposit of Fifty Thousand Pounds hereinbefore mentioned, together with the railway, shall thereupon be absolutely forfeited to the Governor.

tobe e f f ~ t ~. 29. Where notice has been given to the contractor by the

Engineer-in-Chief for the doing of any repair or work on or about the railway, and the same has not been done or efficiently done, the Governor may do and complete the repairs necessary to be done, and all costs and charges connected therewith shall be recoverable from the contractor in any Court having jurisdiction for the amount claimed.

Where line unaafe

trafl.io to be suspended.	30. When the railway has been certified to the Governor by the Engineer-in-Chief as being unsafe for public traffic at any plac& the Governor may, by Procla.mation, prohibit the continuance of public traffic over the railway until it has been certified safe for traffic by
the Engineer-in- Chief.

Effectual aervice of 31..

13efore proceeding with the construction of the railway the contractor shall furnish the Commissioner with the name of some person on whom any notice to the Contractor under this Act may be served, and all notices addressed and posted or delivered to such person at Adelaide, South -4ustralia, shall for all purposes be deemed to be good and effectual service of the same upon the Contractor.

notices.

PART vr. PART VI.

GRANT OF LANDS FOR CONS'rIEUC'.CION.

Coutractor entitled	32, For every mile of railway constructed the contractor shall
"

every gmnt mile O' of ImdR railway be entitled, subjkct to the provisions of this Act, to a grant in fee

constructed.	simple of the land to which he is entitled under the contract, together with all gold, metals, and minerals thereon and thereunder:
the'railway which is less than forty miles in length. Provided that no grant of land shall be made for any portion of
Conditions governing

grant and selection of 33, The land to be granted to the contractor shall be in blocks

land. situated alternately on either side of the railway, and-

I. Each block shall be as nearly as practicable in the shape of a

parallelogram having a width of twenty miles and running

true east and west:

11. Each block shall abut upon a completed portion of the

railway, except where that is impracticable owing to intervening land not available for selection or not selected by the contractor, in which case the block shall abut upon such last-mentioned land:

111. No block shall be wholly or partly within the same latitude

as any other block.

34. When

' 2 EDWARDI 1 No. 803.

The lhnscontirzen tal Railway Act.-1 902.

34. When each forty miles of the railway is completed, but not

before, the contractor shall be entitled to select, and shall select, the

Contracton may

select land ss portion

land to which he is entitled for such completed portion.

of line finiehed.

35. The contractor shall bear the cost of surveying the land	granted to oontractom
Fee simple to be

selected, and as soon as possible after survey he shall have issued to	on completion.
him land srants for the land to which he is entitled.

36. The contractor shall, if the railway be constructed and	to be granted when
Fee simple of railway

opened, have granted to him in fee simple the land whereon the

railway opened.

railway is constructed, together with any land certified by the

Engineer-in-Chief as being required under section 18.

37, The following land shall not be available for selection by	from salecbon.
Lands excepted

the con tractor :-

r. All land situate south of the latitude of the present terminus

of the railway at Oodnadatta and north of the latitude of the present terminus of the Palmerston and Pine Creek railway at Pine Creek:

11. Lands included in any proclaimed hundred or township:

1-1. Lands included in any goldfield proclaimed before the coming

into operation of this Act:

I V. The land on which the Overland Telegraph Line is erected

for a width of three chains on each side of such line, together with all lands heretofore reserved and dedicated for the use and purposes of the Overland Telegraph Department:

v. The lands on which telegraph offices are erected and land

used in connection therewith:

vr. Land which the Commonwealth has the right to acquire

under section 85 of the Commonwealth of ,4ust ralia

Constitution Act:

1-11. The beds of all navigable rivers, all water reserves, and

aboriginal and travelling stock reserves:

v u ~. The land on which an{ buildings the property of the Crown are situated and any fenced land used in connection there- with:

IX. All public roads.

38. The Gover~lor may at any time resume possession of any Governor w r e t - e land for public rode

portion of the land granted	to the contractor which may be reason- and tnreEng
ably required for roads and	travelling stock reserves; but no land reeerves.

for stock reserves shall be taken within ten miles of the railway without the consent of the contractor or his successors in title with- out being liable to pay compensation therefor to the contractor or to his successors in title.

39. IAnd

8 ' 2 EDWAKDI VII, No. 803.

The I?ranscontinental Railway Act.- 1902.

PART or. 39. Land selected by the contractor which is under pastoral

under lease shall be taken by him subject to such lease; but he shall have

lesfe may be

selected.

power to enter upon the same with all necessary agents fbr the pur-

pose of making a survey thereof without being liable for trespass.

contractor to be paid

rent pr6portionate 40. When any land selected forms part of a pastoral lease the

to the area selected.	contractor shall be paid by the Cornmissioner annually a share of
the rent reserved by the lease proportionate to the area so selected; - -
but the Governor shall a t all times exercise the powers reserved by the lease to the lessor over the whole of the land included in the lease.
Grante to be issued

eubject to this part 41, Grants for land which is selected while under pastoral lease

of the A&. shall be issued subject to this part of this Act.

PART VII.

MISCELLANEOUS.

Contractor entitled 42. Subject to the approval of the Governor the contractor shall

to running powers

over other lines on	be entitled to running powers over any railways belonging to the
terms.	State directly connected with the railway on terms to be fixed by

m the Commissioner.

Extension of time. 43. The Governor may extend the time for doing or completing

any act, matter, or thing required or contracted to be done under the

provisions of this Act.

On opening of the	44, On the completion and opening of the railway the contractor
railway deposit

to be returned. shall ha1.e refunded to him his deposit, and shall in the meantime receive interest thereon annually at the rate of Three Pounds per centum per annum.

NO taxes to be paid 45, No taxes shall be imposed by the State of South Australia

by the contractor

for ten years.

on any of the lands granted pursuant to this Act for a period of

ten years after the granting of the fee simple thereof.

Contractor to pay

cornpeneation. 46, The Contractor shall pay all compensation payable to any

person whomsoever, or to the Commonwealth of Australia, in con-

nection with the construction and working of the railway.

C+overnor may 47, I t shall be lawful for the Governor, at any time after the

pwch"be rdway* completion of the railway, to purchase and acquire the same from the contractor; and the contractor is hereby required to sell the same to the Governor, and the purchase-money payable therefor shall be fixed by arbitration.

If NorthernTe~itory, 48. If at any time hereafter the Northern Territory, or any

or any part thereof,

transfemed to	part thereof, shall be transferred to the Commonwealth of Australia,
Commonwealth
railwa s to vest in	then the Governor-General of the Commonwealth shall have all the

,h C -onweal&. ! powers and rights of the Governor under this Act in regard to such portion

2' EDWAKDI VII, No. 803. 9

The Danscon tinental Railway Act.-- 1902.

portion of the railway as is situated in the Northern Territory or in vlx.

.- PABT .

regard to any part so trmsfened; and such officers as may be appointed by him shall have and exercise the powers conferred upon the Commissioner and the Engineer-in-Chief, respectively, by this Act. .

49, All matters in dispute between the parties to the coutract Matters in dispute

relating to the construction of this Act, or as to any matter arising E out of the contract, shall be decided by arbitration.

PART VIII.

PART VIII. --

THE PALMERSTON AND PINE CREEK RAILWAY.

50, The contractor may at any time, after six months' notice to Contractors may

the Commissioner, purchase the Palmerston and Pine Creek Railway, ~ ~, ~ n p. " ~ ~ ~, " ~ ~ ~ ~

with all the rolling-stock thereon, at a sum to be fixed by arbitration. Railway.

51, Should the contractor purchase the Palmerston and Pine Palmemton and Pine

Creek Railway. it shall thenceforth form part of the railway subject p, ovisions Creek Railway

authorised to be constructed by this Act, and shall be subject to all of this Act.

the provisions of this Act which apply to the inspection, supervision,

maintenance, management, and purchase of the railway.

52, The Palmerston and Pine Creek Kailway heretofore referred The Palmerston and

to shall, for all purposes, be deemed to be the railway authorised to defined.

I'ine Creek hi lway

be made and maintained pursuant to " The Palmerston and Pine

Creek Railway Act, 188.3."

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

this Bill.

S. J. WAY, Lieutenant-Governor.

THE

2" EDWARDI VII, No. 803.

The 23.unscmtmental Railway Act.-1902.

THE FIRST SCHEDULE.

" The Land Clawes Consolidation Act."

The Railway Clauses Consolidation Act," except thereout sections CXLIV. to

CXLVI. both inclusive.

' Adelaide: By authority. C. E. Brus~ow, Oo~ernment Pnnter, North Temoe.