Northern Territory Railway Extension Act 1923

Legislation au C1923A00011 Not in force Act

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NORTHERN TERRITORY RAILWAY EXTENSION.

 

No. 11 of 1923.

An Act to provide for the Extension of the Railway in the Northern Territory by the construction of a Railway to Daly Waters.

[Assented to 11th August, 1923.]

BE it enacted by the Kings Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Northern Territory Railway Extension Act 1923.

Definitions.

2. In this Act, unless the contrary intention appears—

the Commissioner means the Commonwealth Railways Commissioner appointed under the Commonwealth Railways Act 1917;

the Railway, except when followed by the words in the Northern Territory, means the Railway authorized by this Act;

the Railway in the Northern Territory means the Railway from Darwin to Emungalan, near the Katherine River.

Power to costruct the Railway.

3. The Commissioner may, subject to this Act, and to the Commonwealth Railways Act 1917, extend the Railway in the Northern Territory by the construction of a Railway from the southern terminus of the Railway in the Northern Territory to Daly Waters.

Cost of Railway

4. The maximum cost of the Railway shall not exceed One million five hundred and forty-five thousand pounds.

Route of the Railway.

5. The route of the Railway shall be as described in the Schedule to this Act, but the Commissioner may make such deviations not exceeding one mile on either side of the route as are, in his opinion, necessary or reasonable for the better construction and working of the Railway.

Gauge of line.

6. The gauge of the Railway shall be three feet six inches.

Appointment of Officers, &c.

7. Notwithstanding anything contained in the Commonwealth Railways Act 1917, the Commissioner may appoint all such persons as he thinks necessary for the purposes of the construction of the Railway or the working of the Railway before it has been declared open for traffic, and may authorize the employment of any


persons for those purposes, and may pay to persons so appointed or employed such salaries or wages as he thinks fit:

Provided that where such salaries or wages are over Five hundred pounds per annum, the sanction of the Minister must be obtained.

Acquisition of lands for purposes of Railway.

8. Notwithstanding the provisions of section eleven of the Northern Territory (Administration) Act 1910, the provisions of section sixty-three of the Commonwealth Railways Act 1917 shall apply in relation to the acquisition of land for the purposes of the Railway as if after the words Crown Lands of and after the words whether by there were inserted the words, the Commonwealth or:

Provided that no person who is a lessee of lands from the Crown shall be entitled to compensation in respect of the resumption or use of any of such lands for the purposes of the Railway.

Wages and conditions of employment.

9.—(1.) In any contract relating to the construction of the Railway provision shall be made for the payment by the contractor of not less than the prescribed minimum rates of wages and for the observance of the prescribed conditions of employment and also for the recovery of penalties for non-payment of the prescribed rates of wages or for non-compliance with the prescribed conditions of employment.

(2.) In this section the prescribed minimum rates of wages and the prescribed conditions of employment mean the standard rates and conditions prescribed by any industrial authority of the Commonwealth, and, in the absence of any such standard rates and conditions applicable to the case, mean the standard rates paid, and the conditions of employment obtaining, in the locality in which the work is performed.

Appropriation of moneys.

10. All moneys necessary for the payment of the cost of construction of the Railway up to and including the time of the opening of the Railway for traffic shall be payable out of the Consolidated Revenue Fund or out of moneys standing to the credit of the Loan Fund, according to appropriations made by the Parliament for that purpose.

 

THE SCHEDULE.

 

Commencing at the southern terminus of the Railway in the Northern Territory distant one hundred and ninety-nine miles forty-five chains from Darwin; thence in a south-easterly direction, crossing the Katherine River at two hundred miles thirty-three chains from Darwin; thence bearing generally south-easterly, crossing the King River at two hundred and twenty-five miles sixty-one chains from Darwin, and crossing the Overland Telegraph Line at two hundred and forty-seven miles seventy-four chains from Darwin; thence generally following the right bank of Roper River, bearing generally in a south-easterly direction to a point distant two hundred and sixty five miles from Darwin and approximately one and a half miles distant from Mataranka Springs, thence in a southerly direction to approximately two hundred and seventy-seven miles forty chains from Darwin at which point the proposed railway crosses Elsey Creek, Warlock Ponds being situated about half a mile to the east, still bearing in a southerly direction the proposed railway crosses the Birdum Creek at about three hundred and thirteen miles forty chains and continuing the same bearing, terminates at a point three hundred and sixty miles from Darwin and about one mile from Daly Waters Telegraph Station.

Overview

The Northern Territory Railway Extension Act 1923 was enacted to provide for the extension of the railway in the Northern Territory by the construction of a railway to Daly Waters. This Act was assented to on 11th August 1923 by the King, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of this legislation is to facilitate the expansion of the existing railway infrastructure in the Northern Territory, thereby enhancing connectivity and potentially stimulating economic development in the region. The Act empowers the Commonwealth Railways Commissioner to undertake the construction, within a specified budget of One million five hundred and forty-five thousand pounds, and outlines the necessary provisions for the acquisition of land and employment conditions for workers engaged in the project. This legislative measure was intended to address the need for improved transportation infrastructure in the Northern Territory, aiding in the region's growth and development.

Scope and Application

The Northern Territory Railway Extension Act 1923 applies to the Commonwealth Railways Commissioner who is tasked with extending the railway in the Northern Territory. The Commissioner has the authority to construct a new railway from the current terminus in the Northern Territory to Daly Waters, subject to the conditions and constraints outlined in the Act. The Commissioner's powers include appointing necessary personnel and determining the gauge of the railway line, as well as ensuring adherence to prescribed minimum wages and employment conditions for construction workers. The Act's jurisdictional scope is confined to the Northern Territory, and it is applicable to the acquisition of land for railway purposes. However, lessees of Crown lands are not entitled to compensation if their land is resumed for the railway. The Act also limits the maximum cost of the railway extension to one million five hundred and forty-five thousand pounds. The route of the railway is specified in the Act's schedule, with allowances for minor deviations to facilitate better construction and operation. Appropriations for the construction costs are to be made from the Consolidated Revenue Fund or the Loan Fund, as authorised by the Parliament. The Act does not explicitly provide for extensions or restrictions of its application through subordinate instruments.

Key Provisions

The Northern Territory Railway Extension Act 1923 (hereafter referred to as the Act) primarily authorises the extension of the existing railway from the southern terminus of the existing railway in the Northern Territory to Daly Waters (sections 1–10). The Commissioner, as defined in section 2, has the authority to construct the railway, provided it adheres to the provisions of this Act and the Commonwealth Railways Act 1917 (section 3). The maximum cost of the railway extension is capped at One million five hundred and forty-five thousand pounds (section 4). The route of the railway is specified in the schedule to the Act, with allowances for deviations of up to one mile on either side of the route, as deemed necessary or reasonable by the Commissioner for the railway's construction and operation (section 5). The railway's gauge is set at three feet six inches (section 6). The Commissioner has the authority to appoint officers and employees necessary for the railway's construction and operation before it is opened to traffic, subject to certain conditions (section 7). The Act also addresses the acquisition of land for the railway's purposes, stating that the provisions of the Commonwealth Railways Act 1917 shall apply, with certain modifications (section 8). Furthermore, it mandates that contracts related to the railway's construction include provisions for the payment of prescribed minimum rates of wages and the observance of prescribed conditions of employment (section 9). Finally, the Act specifies that funds necessary for the railway's construction up until its opening for traffic shall be sourced from the Consolidated Revenue Fund or the Loan Fund, subject to parliamentary appropriations (section 10). The Act imposes several obligations and requirements on the parties involved in the railway's construction and operation. The Commissioner is responsible for appointing officers and employees necessary for the railway's construction and operation, with certain conditions applying to their employment and remuneration (section 7). The Act also mandates that contractors engaged in the railway's construction must adhere to prescribed minimum rates of wages and prescribed conditions of employment, with provisions for the recovery of penalties for non-payment of the prescribed rates or for non-compliance with the prescribed conditions (section 9). Additionally, the Act requires that funds necessary for the railway's construction be sourced from the Consolidated Revenue Fund or the Loan Fund, subject to parliamentary appropriations (section 10). Finally, the Act specifies the railway's route, gauge, and maximum cost, which must be adhered to during the railway's construction and operation (sections 4–6). Breaches of the Act may result in civil or criminal consequences. The Act mandates that contractors engaged in the railway's construction must adhere to prescribed minimum rates of wages and prescribed conditions of employment, with provisions for the recovery of penalties for non-payment of the prescribed rates or for non-compliance with the prescribed conditions (section 9). However, the Act does not specify the maximum penalties for such breaches. Furthermore, the Act does not explicitly outline any criminal offences or penalties for breaches of its provisions. Nevertheless, breaches of the Act may still result in civil or criminal consequences, depending on the nature and severity of the breach, as well as any applicable laws or regulations.

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