The Transcontinental Railway Land Grant Act 1911 (SA)

ANNO SECUNDO

GEORGII V RtEGIS.

A.D. 1911.

No. 1069.

An Act to authorise the Grant to the Commonwealth of Australia of Lands for the purposes of a Railway to be constructed by the said Commonwealth from Kalgoorlie, in the State of Western Aus- tralia, to Port Augusta, in the State of South Australia.

[Assented to, January &h, 1912.1

HEREAS by " The Northern Territory Surrender Act, 1907," Preamble.

W the State of South Australia has consented to and authorised	the construction by the Commonwealth of Australia of a railway
westerly from any point on the Port Augusta Railway through the said State to any point on the western boundary of the said State by a route to be determined by the Parliament of the said Common- wealth: And whereas by the Act of the said Commonwealth entitled the "Kalgoorlie to Port Augusta Eailway Act, 1911," the ccn- struction by the said Commonwealth of a railway from Kalgoorlie, in the State of Western Australia, to Port Augusta, in the State of South Australia, is authorised-Be it therefore Enacted by the
Governor of the State of South Australia, with the advice and consent
of the Parliament thereof, as follocvs:

1, This Act may be cited as The Transcontinental Railway shorttide.

Land Grant Act, 1911."

2. (1) This Act shall come into force on a date to be fixed Commencement of

by the Governor by Proclamation published in the Government

Gazette.

1069 (2) such

2* GEORGII V, No, 10%. p - --

The T r a n s w ~ i w n t a l Railway Land Grant Act.-1 91 l.

(2) Such proclamation shall not be made until the condition mentioned in subsection (1) of section 3 of the said Kalgoorlie to Port Augusta Railway Act-namely, that an Act of the said State of Western Australia be passed consenting to legislation by the said Commonwealth wit h respect to the construction of the portion of' the said railway included in the State of Western Australia or consenting to the construction of that portion of the said railway by the said Commonwealth--has been fulfilled.

crown~andsmaybe 3, Notwithstanding any Act or other law to the contrary: it

granted to the	shall be lawful for the Governor to grant, to the satisfaction of	the
Commonwealth for

ws ot the Niniater of State for Home Affairs of the said Commonwealth, such

kE'&oor~ie to port

Raillal. portions of the Crown lands and lands belonging to the Cmwn in the State of South Australia as in the opinion of the said Minister, stated in writing signed by him and received by the Governor, a& necessary for the purposes of the construction, maintenance, and working of the said railway: Provided that any lands so granted without consideration-

I. Shall not exceed one-eighth of a mile in width on either side

of the said railway; and

11. Shall not include any town lands:

Provided also that if any lands granted under this Act are after- wards proclaimed a town or township the title of the said Common- wealth to such lands shall thereupon become forfeited, and such lands shall revert to the State of South Australia and be Crown lands thereof.

Extent and conditions	4. Any grant made by virtue of this Act-
of such granb.

(a) Shad1 be made to the said Commonwealth, or to such

person as is nominated in that behalf by the said

Minister;

( b ) May be in fee simple or for such other estate or

interest as is required by the said Minister;

(c) May be made either for such consideration as is agreed without anv consideration, and either absolutely or upon s;ch terms and conditions as are agreed between the Governor and the said Minister; between the Governor and the said Minister or

(d) May be of the whole of the land, or of the surface

thereof and any specified depth below the surface,

or of the surface only; and

(e) Shall be subject to all estates and interests of any

persons, other than the Crown or any persons on behalf of the Crown, in the land, all which estates and interests the said Commonwealth is hereby authorised to acquire under the Act of the said Commonwealth entitled the " Lands Acquisition Act, 1906,') or any amendment thereof, or under any other Act which may be in force in that

behalf. 5. All

' 2 GEORGII V, No. 1069.

l'h Transcontinental Railway Land Grant Act.-1 91 1.

5. All such assurances shall be executed, and all such other acts ~ ~ ~ ~ ; ~ ~ ~ X ~ , " ~

and things shall be done, by the proper authorities and persona, as and done.

may be necessary for completing or evidencing the title to any lands granted by virtue of this Act, and for carrying into effect the purposes

of this Act.

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

this Bill.

1),4Y H. BOSANQU&T, Governor.

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