Oodnadatta to Alice Springs Railway Act 1926

Legislation au C1926A00003 Not in force Act

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OODNADATTA TO ALICE SPRINGS RAILWAY.

 

No. 3 of 1926.

An Act to provide for the Extension of the Port Augusta Railway by the Construction of a Railway to Alice Springs.

[Assented to 15th February, 1926.]

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 Oodnadatta to Alice Springs Railway Act 1926.

Commencement.

2. This Act shall commence on a date to be fixed by Proclamation.

Definitions.

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

the Commissioner means the Commonwealth Railways Commissioner appointed under the Commonwealth Railways Act 1917-1925;

the Port Augusta Railway means the Railway in the State of South Australia running from Port Augusta to Oodnadatta;

the Railway means the Railway authorized by this Act.

Power to construct Railway.

4. The Commissioner may, subject to this Act and to the Commonwealth Railways Act 19171925, extend the Port Augusta Railway by the construction of a Railway from Oodnadatta to Alice Springs.

Cost of Railway.

5. The maximum cost of the Railway shall not exceed One million seven hundred thousand pounds.

Route or the Railway

6. The route of the Railway shall be as described in the Schedule to this Act, but the Commissioner may make such deviations not exceeding Five miles 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.

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

Appointment of officers, &c.

8. Notwithstanding anything contained in the Commonwealth Railways Act 1917-1925, 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.

Acquisition of lands for purposes of Rallway.

9. Notwithstanding the provisions of section eleven of the Northern Territory (Administration) Act 1910, the provisions of section sixty-three of the Commonwealth Railways Act 1917-1925 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.

10.—(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.

11. All moneys necessary for the payment of the cost of con-struction 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 end of the Port Augusta Railway at Oodnadatta and distant 478½ miles from Port Augusta, the route runs in a northerly direction to about 502 miles, thence in a generally north north-westerly direction to the Border between the State of South Australia and the Northern Territory at about 599 miles (120½ miles from Oodnadatta). The Overland Telegraph Line is crossed at about 535½ miles.

After crossing the South Australian Border the route continues in a generally north north-westerly direction, being about 10 miles to the west of Charlotte Waters Overland Telegraph Station at about 600 miles, crossing the Finke River at about 631 miles, and reaches Heavitree Gap at the southern edge of the Macdonnell Ranges at about 774 miles.

From Heavitree Gap the route continues in a northerly direction and ends at the township of Stuart at about 776 miles (about 297½ miles from Oodnadatta), situated upon the western bank of the Todd River, distant about 2 miles from Alice Springs Overland Telegraph Station.

Overview

The Oodnadatta to Alice Springs Railway Act 1926 was enacted to provide for the extension of the Port Augusta Railway by the construction of a new railway line from Oodnadatta to Alice Springs, aiming to enhance connectivity and facilitate transportation within the region. This legislation was passed by the Parliament of the Commonwealth of Australia and received Royal Assent on 15th February 1926. The policy objective behind this Act was to improve infrastructure and economic development in the central part of Australia by creating a direct rail link from the existing railway terminus at Oodnadatta to the significant settlement at Alice Springs. The Act also sought to establish the necessary framework for the construction, operation, and acquisition of land for the railway, ensuring that the project adheres to specified standards and cost limitations.

Scope and Application

The Oodnadatta to Alice Springs Railway Act 1926 establishes the legislative framework for the construction of a railway extension from Oodnadatta to Alice Springs in the Northern Territory. This Act applies to the Commonwealth Railways Commissioner who is responsible for the construction of the railway under the Commonwealth Railways Act 1917-1925. The Act applies geographically from the existing terminus of the Port Augusta Railway at Oodnadatta to Alice Springs, which lies in the Northern Territory. The Commissioner has the authority to appoint necessary personnel and make reasonable deviations from the prescribed route for construction purposes. The maximum cost of the railway is capped at one million seven hundred thousand pounds, and the railway's gauge is set at three feet six inches. Additionally, the Act mandates that contractors must adhere to prescribed minimum wage rates and conditions of employment, as well as cross the South Australian border and continue through to Alice Springs, following a route that is detailed in the Schedule to the Act. The Act also allows for the acquisition of land necessary for the railway's construction, subject to certain conditions.

Key Provisions

The Oodnadatta to Alice Springs Railway Act 1926 (sections 1 to 11) outlines the legislative framework for the construction and operation of a railway extending from Oodnadatta to Alice Springs. This Act empowers the Commonwealth Railways Commissioner to undertake this project, subject to specific conditions and constraints. The Commissioner is authorised to extend the existing Port Augusta Railway, which currently runs from Port Augusta to Oodnadatta, to reach Alice Springs. The maximum cost of this railway extension is capped at £1,700,000. The specific route of the railway is detailed in the Schedule to the Act, although the Commissioner has the discretion to make deviations of up to five miles on either side of the prescribed route if deemed necessary for the construction or operation of the railway. The railway will have a gauge of three feet six inches. Under this Act, the Commissioner has the authority to appoint and employ staff necessary for the construction and operation of the railway prior to its opening to the public, and to determine their remuneration. Additionally, the Act addresses the acquisition of land required for the railway, applying the Commonwealth Railways Act 1917-1925's provisions for land acquisition, with an exception that lessees of Crown lands will not be entitled to compensation. The Act also mandates that contractors involved in the construction of the railway must adhere to prescribed minimum wage rates and employment conditions, which align with those set by Commonwealth industrial authorities or, if not applicable, the standard rates in the relevant locality. The Act imposes specific obligations and requirements on the Commissioner and contractors involved in the construction of the railway. The Commissioner is tasked with ensuring the railway is built within the stipulated cost, adhering to the designated route with allowable deviations, and appointing necessary personnel. Contractors are required to pay workers the prescribed minimum wages and observe the stipulated conditions of employment. Failure to comply with these wage and employment conditions can result in penalties for non-payment or non-compliance. The Act also specifies that the funds necessary for the construction of the railway, up until its opening to the public, will be sourced from the Consolidated Revenue Fund or the Loan Fund, as appropriated by Parliament. Breaches of the provisions regarding wages and employment conditions may result in civil consequences, including the recovery of penalties for non-payment or non-compliance. While the Act does not explicitly detail criminal penalties for other breaches, the serious nature of the obligations and the potential for significant financial implications suggest that non-compliance could lead to legal repercussions. The maximum financial penalties for non-payment of prescribed wages or for non-compliance with employment conditions are not specified within the Act itself but would likely be governed by relevant industrial or employment laws of the time.

Legal classification tags

Area of Law
Infrastructure Law
Planning & Development Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Enforcement Powers
Acquisition of lands for purposes of Railway
Wages and conditions of employment
Appropriation of moneys

Interactions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.