Pine Creek to Katherine River Railway Act 1913

Legislation au C1913A00021 Not in force Act

Legislation content

 

PINE CREEK TO KATHERINE RIVER RAILWAY.

 

No. 21 of 1913.

An Act to provide for the Construction of a Railway in. the Northern Territory from Pine Creek to the Katherine River, the Appointment of Officers, the Making of Charges, and the Appropriation of Money in connexion with such Railway.

[Assented to 19th December, 1913.]

BE it enacted by the King’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 Pine Creek to Katherine River Railway Act 1913.

Definitions.

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

“the Minister” means the Minister of State for External Affairs;

“the Railway” means the Railway authorized by this Act.

Power to construct the Railway.

3. The Minister may, subject to this Act, construct a Railway in the Northern Territory from Pine Creek to the Katherine River.

Route of the Railway.

4. The route of the Railway shall be as surveyed and marked on the ground, but the Minister may make such deviations as are reasonable for the better construction and working of the Railway.

Gauge of line.

5. The gauge of the Railway shall be three feet six inches, but provision shall be made in the construction of the permanent way and works for subsequent alteration to a gauge of not less than four feet eight and one half inches.


Railway need not be fenced.

6. The Minister shall not be required to fence any portion of the Railway, but he may erect; and maintain such fences in connexion therewith as he thinks proper.

Engines to be used.

7. The Minister may utilize in the construction and working of the Railway line engines worked by steam or other mechanical power.

Provision for incidental matters.

8. The Minister may provide all things necessary or convenient for the efficient construction and working of the Railway.

Incidental buildings and works.

9. The Minister may erect or make all such stations, buildings, approaches, bridges, culverts, apparatus, dams, tanks, plant, works, conveniences, and structures as he considers necessary or desirable in connexion with the efficient construction and working of the Railway.

Special powers in connexion with construction.

10.—(1.) For the purposes of the construction of the Railway all the powers and authorities of the Commissioner of Railways under the Railway Clauses Act 1876 of the State of South Australia, or of any Act amending the same, shall, in relation to the Northern Territory, be vested in and exercisable by the Minister.

(2.) The Minister may, by writing under his hand, delegate any of the powers and authorities vested in him by sub-section (1.) of this section.

(3.) Every delegation under this section shall be revocable in writing at will, and no delegation shall prevent the exercise of any power or authority by the Minister.

By-laws.

11.—(1.) The Minister may make by-laws for the regulation, government, protection, and working of the Railway.

(2.) All by-laws made in pursuance of this section shall be deemed to be regulations within the meaning of section ten of the Acts Interpretation Act 1904.

Use of railway before it is open for traffic.

12. The Minister may permit any part of the Railway to be used for the carriage of passengers and goods before it has been declared open for traffic, but in that case all passengers shall be carried at their own risk and all goods shall be carried at the risk of the owners thereof, and the Minister shall incur no responsibility for any injury or damage to any such passengers or goods.

Fares and rates.

13.—(1.) The Minister may charge or in the case of a contractor operating any portion of the line before it has been declared open for traffic may permit the charging of such fares and rates for the carriage of passengers and goods on the Railway and make such incidental charges in connexion with the Railway as he thinks reasonable.

(2.) All schedules of fares and rates made by the Minister shall be laid before the Senate and the House of Representatives within thirty days after the making thereof if the Parliament is then sitting, and, if the Parliament is not then sitting, within thirty days after the next meeting of the Parliament.


Appointment of officers.

14. The Minister may appoint, for any period not extending six months beyond the date on which the line shall be declared open for traffic, all such officers as he thinks necessary for the purposes of the construction or working of the Railway, and may authorize the employment of any persons for those purposes.

Wages and conditions of employment.

15.—(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.) The minimum rates of wages and the conditions of employment shall be prescribed by the Minister and shall be set forth in a schedule to the contract.

Receipts to go to Consolidated Revenue Fund.

16. All moneys received in respect of the Railway shall be paid to and form part of the Consolidated Revenue Fund of the Commonwealth.

Appropriation of moneys.

17. 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 any moneys standing to the credit of the Loan Fund, according to appropriations made by Parliament for that purpose.

 

Overview

The Pine Creek to Katherine River Railway Act 1913 was enacted to facilitate the construction of a railway line in the Northern Territory, stretching from Pine Creek to the Katherine River. This legislation aimed to address the need for improved transportation infrastructure in the region, enabling better connectivity and economic development. The Act was passed by the Australian Parliament, reflecting a policy objective to enhance the logistical capabilities within the Northern Territory. The Act grants the Minister of State for External Affairs the authority to construct the railway, determine its route, set fares, and appoint necessary officers, among other provisions. It also specifies that all receipts from the railway will contribute to the Consolidated Revenue Fund of the Commonwealth, with appropriations for construction costs to be determined by Parliament.

Scope and Application

The Pine Creek to Katherine River Railway Act 1913 applies to the Minister of State for External Affairs and concerns the construction, operation, and regulation of a railway line within the Northern Territory of Australia. The Act grants the Minister extensive powers to construct the railway, determine its route, and establish gauge, as well as to appoint officers, make by-laws, and charge fares and rates. The Act also stipulates that the Minister is not obligated to fence the railway but may do so if deemed appropriate. Additionally, the Minister may use engines powered by steam or other mechanical means and provide necessary infrastructure and incidental buildings and works. The geographic scope of the Act is confined to the Northern Territory, specifically between Pine Creek and the Katherine River. The Act's authority is further extended through subordinate instruments, including delegations of powers and the making of by-laws, which are subject to parliamentary oversight in terms of fare schedules. All revenues generated from the railway are to be deposited into the Consolidated Revenue Fund of the Commonwealth.

Key Provisions

The Pine Creek to Katherine River Railway Act 1913 (sections 1-17) authorises the construction of a railway in the Northern Territory from Pine Creek to the Katherine River. The Minister, defined as the Minister of State for External Affairs, has the power to construct the railway (section 3), determine its route (section 4), and specify its gauge (section 5). The Minister is not required to fence the railway but may do so if deemed appropriate (section 6). The Minister can use engines powered by steam or other mechanical means (section 7) and provide all necessary items for the railway's construction and operation (section 8). Additionally, the Minister can build necessary infrastructure such as stations, buildings, bridges, and other structures (section 9). The Minister can exercise powers and authorities similar to those of the Commissioner of Railways in South Australia for the railway's construction (section 10) and create by-laws for the railway's regulation and operation (section 11). The Minister may permit the use of the railway for passengers and goods before it is open to the public, with the passengers and goods owners assuming the risk (section 12). The Minister can set fares and rates for passengers and goods and any incidental charges (section 13), appoint officers necessary for the railway's construction and operation (section 14), and set minimum wage rates and employment conditions for contractors (section 15). All moneys received from the railway must be paid into the Consolidated Revenue Fund, and funds for the railway's construction will be sourced from the Consolidated Revenue Fund or the Loan Fund, as appropriated by Parliament (sections 16 and 17). Under the Act, the Minister has several obligations and requirements. The Minister must construct the railway in accordance with the Act, determine its route, and ensure that any deviations are reasonable for construction and operation. The Minister must specify the railway's gauge and make provisions for a future gauge alteration. The Minister can decide whether to fence the railway and must ensure that any incidental buildings and works are necessary or desirable for the railway's operation. The Minister must make by-laws for the railway's regulation and operation and ensure that these by-laws are laid before the Senate and House of Representatives within the specified timeframe. The Minister must also ensure that contracts for the railway's construction include provisions for minimum wage rates and employment conditions, with penalties for non-compliance. All moneys received from the railway must be paid into the Consolidated Revenue Fund, and the Minister must ensure that funds for the railway's construction are sourced appropriately. The Act does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, it does specify penalties for non-payment of prescribed minimum wage rates or non-compliance with prescribed conditions of employment (section 15). While the Act does not detail the maximum penalties for such breaches, it is reasonable to assume that penalties would be commensurate with the severity of the breach and would likely be specified in the by-laws created under section 11. The Minister's power to create by-laws for the railway's regulation and operation suggests that there may be further consequences for breaches of these by-laws, though the Act does not specify these consequences.

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Wages and conditions of employment

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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.