Northern Territory Railway Extension
No. 25 of 1971
An Act to provide for the construction of a Railway from Knuckey’s Lagoon to East Arm in the Northern Territory of Australia, and for purposes connected therewith.
[Assented to 13 May 1971]
BE it enacted by the Queen’s 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 1971.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Definitions.
3. In this Act, unless the contrary intention appears—
“the Commissioner” has the same meaning as in the Commonwealth Railways Act;
“the Commonwealth Railways Act” means the Commonwealth Railways Act 1917–1968;
“the Railway” means the railways authorized by this Act.
Construction of Railway.
4.—(1.) The Commissioner shall, subject to this Act and to the Commonwealth Railways Act, construct—
(a) a railway from Knuckey’s Lagoon to East Arm in the Northern Territory of Australia on the route described in Part I. of the Schedule to this Act; and
(b) a railway at Knuckey’s Lagoon in that Territory on the route described in Part II. of that Schedule.
(2.) The Commissioner may make such deviations, not exceeding one-half of a 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 Railway.
5. The gauge of the Railway shall be three feet six inches.
Cost of Railway.
6. The cost of the Railway (not including the cost of rolling stock) shall not exceed One million seven hundred and fifty thousand dollars.
Employment of persons for purposes of construction, &c., of railway.
7. The Commissioner may appoint or employ 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.
THE SCHEDULE Section 4(1.)
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Part I.
The route of the railway from Knuckey’s Lagoon to East Arm begins at a point on the existing railway from Darwin to Birdum 8 miles 72 chains from the surveyed commencement point of the existing railway near the abutment of the Stokes Hill Wharf at Darwin and runs thence in an easterly direction parallel and adjacent to that railway for 8 chains, then in a southerly direction by way of a curve of 20 chains radius for 29 chains, then on a bearing of 197 degrees 19 minutes for 2 miles 26 chains, then in a westerly direction by way of a curve of 20 chains radius for 40 chains, then on a bearing of 271 degrees 21 minutes for 1 mile 19 chains, then in a south-westerly direction by way of a curve of 20 chains radius for 7 chains to a point on Quarantine Island 4 miles 49 chains from its point of commencement.
Part II.
The route of the railway at Knuckey’s Lagoon begins at a point on the existing railway from Darwin to Birdum 10 miles 44 chains from the surveyed commencement point of the existing railway near the abutment of the Stokes Hill Wharf at Darwin and runs thence in a westerly direction parallel and adjacent to that railway for 1 mile 7 chains, then in a southerly direction by way of a curve of 20 chains radius for 29 chains to a point on the route described in Part I. of this Schedule 37 chains from the point of commencement of that route.
Overview
The Northern Territory Railway Extension Act 1971 was enacted to facilitate the construction of a railway from Knuckey’s Lagoon to East Arm in the Northern Territory of Australia. This Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, addressing the need for railway infrastructure development in the region. The overarching objective was to extend the existing railway infrastructure to improve connectivity and support economic activities in the Northern Territory. The Act empowered the Commissioner to construct the railway within specified parameters and to appoint necessary personnel for the project, ensuring that the construction and operation of the railway would be conducted efficiently and effectively.
Scope and Application
The Northern Territory Railway Extension Act 1971 applies to the construction of a railway from Knuckey’s Lagoon to East Arm in the Northern Territory, and is enacted under the authority of the Commonwealth of Australia. The Act empowers the Commissioner to construct the specified railway, with the route detailed in the Schedule, and allows for deviations up to half a mile for the purposes of better construction and operation. The Commissioner is authorised to employ personnel necessary for the construction and operation of the railway prior to its opening for traffic. The gauge of the railway is set at three feet six inches, and the total cost, excluding rolling stock, must not exceed one million seven hundred and fifty thousand dollars. The Act is confined to the geographic scope of the Northern Territory, and its provisions are in addition to those set out in the Commonwealth Railways Act.
This legislation does not explicitly provide for exclusions, exemptions, or thresholds beyond those mentioned. However, it is noted that the Act’s application may be extended or restricted through subordinate instruments, although such instruments are not detailed within the text itself. The Act commences on the day of Royal Assent and applies specifically to the entities and persons involved in the construction and operation of the railway as authorised by the Act.
Key Provisions
The Northern Territory Railway Extension Act 1971 (sections 1-6) outlines the key provisions for the construction of a railway from Knuckey’s Lagoon to East Arm in the Northern Territory of Australia. This Act stipulates the authorisation of the Commissioner to construct the railway on a specified route (section 4). It sets out the gauge of the railway to be three feet six inches (section 5) and limits the cost of the railway to One million seven hundred and fifty thousand dollars (excluding the cost of rolling stock) (section 6). The Commissioner is also empowered to make necessary deviations from the specified route for better construction and operation (section 4(2)). Additionally, the Commissioner can employ personnel as needed for the construction and operation of the railway before it is declared open for traffic (section 7).
Under the Act, the Commissioner has specific obligations related to the construction and management of the railway. These include adhering to the defined route and cost limits, employing necessary personnel, and ensuring the railway is built to the specified gauge. The Commissioner must also consider and implement any necessary deviations from the specified route, not exceeding half a mile on either side, to facilitate better construction and operation of the railway (section 4(2)).
The Act does not explicitly outline offences, penalties, or civil/criminal consequences for breaches of its provisions. However, given that the Commissioner is required to follow specific instructions and constraints set out in the Act, non-compliance could potentially result in legal repercussions or administrative penalties. It is likely that any breaches would be addressed under the broader legal framework governing public works and the administration of the Commonwealth Railways Act.