Stirling North to Brachina Railway Act 1952

Legislation au C1952A00072 Not in force Act

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STIRLING NORTH TO BRACHINA RAILWAY.

 

No. 72 of 1952.

An Act to provide for the Construction of a Railway from Stirling North to Brachina in the State of South Australia, and for other purposes.

[Assented to 1st November, 1952.]

[Date of commencement, 29th November, 1952.]

Preamble.

WHEREAS by the Agreement the execution of which was authorized by the Railway Standardization (South Australia) Agreement Act 1949 it is provided, among other things, that the Commonwealth shall undertake the conversion to standard gauge of the three feet six inches gauge lines of the Commonwealth Railways from Port Augusta to Alice Springs:


And whereas, after that Act was enacted, a question arose as to the most suitable route for that part of the proposed standard gauge railway line which will lie between Stirling North and Brachina:

And whereas the Commonwealth and the State of South Australia agreed that that question should be referred to a Royal Commission appointed by an instrument substantially in accordance with the form contained in the Schedule to the Port Augusta to Alice Springs Railway (Alteration of Route) Act 1950 and that the recommendation of the Commission should be accepted by the Commonwealth and the State:

And whereas it is provided by the Northern Railway (Alteration of Route) Act, 1950, of the State of South Australia that that State consents to the construction of the railway between Stirling North and Brachina on such route as may be recommended by the Commission:

And whereas the Commission has recommended that the route of the railway should be the route described in the Schedule to this Act:

Be it therefore 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 Stirling North to Brachina Railway Act 1952.

Definitions.

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

“the Commissioner” means the Commonwealth Railways Commissioner holding office under the Commonwealth Railways Act 1917–1950;

“the Railway” means the railway the construction of which is authorized by this Act.

Power to construct the Railway.

3.—(1.) The Commissioner shall, subject to this Act and to the Commonwealth Railways Act 1917–1950, construct a railway from Stirling North to Brachina in the State of South Australia on the route described in the Schedule to this Act, being the route recommended by the Royal Commission referred to in the Port Augusta to Alice Springs Railway (Alteration of Route) Act 1950.

(2.) 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 the Railway.

4. The gauge of the Railway shall be four feet eight and one-half inches.


Cost of railway

5. The cost of the railway the construction of which is authorized by this Act and the cost of the railway the construction of which is authorized by the Brachina to Leigh Creek North Coalfield Railway Act 1950, including the cost of rolling-stock for those railways, shall not exceed in all the sum of Eleven million pounds.

Appointment of officers, &c.

6. Notwithstanding anything contained in the Commonwealth Railways Act 1917–1950, the Commissioner may—

(a) appoint or authorize the employment of 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

(b) pay to persons so appointed or employed such salaries or wages as he thinks fit.

Acquisition of land for purposes of the Railway.

7. The provisions of section sixty-three of the Commonwealth Railways Act 1917–1950 shall apply in relation to the acquisition of land for the purposes of the Railway.

Wages and conditions of employment.

8.—(1.) In any contract relating to the construction of the Railway, provision shall be made—

(a) for the payment by the contractor of not less than the prescribed minimum rates of wages;

(b) for the observance of the prescribed conditions of employment; and

(c) 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.

Issue and application of moneys.

9.—(1.) There shall be issued and applied out of the Consolidated Revenue Fund, or out of the proceeds of any loan raised under the authority of an Act, such amounts as are required for the purpose of the payment of the cost of the railway the construction of which is authorized by this Act and of the railway the construction of which is authorized by the Brachina to Leigh Creek North Coalfield Railway Act 1950 and the purchase of rolling-stock for those railways, but not exceeding in all the sum of Eleven million pounds.

(2.) All payments made under the authority of the appropriation effected by section twelve of the Brachina to Leigh Creek North Coalfield Railway Act 1950 shall be deemed to have been made under the authority of the appropriation effected by this section.


Repeal of sections 6 and 12 of Brachina to Leigh Creek North Coalfield Railway Act.

10.—(1.) Sections six and twelve of the Brachina to Leigh Creek North Coalfield Railway Act 1950 are repealed.

(2.) The Brachina to Leigh Creek North Coalfield Railway Act 1950, as amended by this section, may be cited as the Brachina to Leigh Creek North Coalfield Railway Act 1950–1952.

 

Section 3. THE SCHEDULE.

—

The route begins at Stirling North (52 miles 9 chains from Port Pirie Junction on the Trans-Australian Railway) and runs generally east of north to 30½ miles thence north-east by north being about 1 mile to the east of Yadlamalka Head Station at about 34 miles continuing north east by north to 90½ miles at a point about 1½ miles south of Brachina thence north and adjacent to the existing railway terminating at 92 miles, which is the point of commencement of the Brachina to Leigh Creek North Coalfield Railway, the construction of which is authorized by the Brachina to Leigh Creek North Coalfield Railway Act 1950.

 

Overview

The Stirling North to Brachina Railway Act 1952 was enacted to address the problem of determining the most suitable route for the construction of a standard gauge railway between Stirling North and Brachina in South Australia. This legislation was introduced to formalise the route recommended by a Royal Commission, following an agreement between the Commonwealth and the State of South Australia. The Act authorises the Commonwealth Railways Commissioner to construct the railway, specifies the gauge, and sets the total cost limit for both this railway and the Brachina to Leigh Creek North Coalfield Railway at eleven million pounds. The Act also includes provisions for the acquisition of land, employment conditions for workers, and the issuance of funds from the Consolidated Revenue Fund for the project. Enacted by the Australian Parliament, the policy objective of this Act was to facilitate the efficient and economical construction of the railway infrastructure, thereby supporting the broader goal of standardising the gauge of railways in the region. The Stirling North to Brachina Railway Act 1952 thus serves to legalise the recommended route, coordinate the construction efforts, and ensure that the project is managed within the prescribed financial limits. By repealing certain sections of the Brachina to Leigh Creek North Coalfield Railway Act 1950, this Act integrates the two railway projects, ensuring a cohesive approach to the development of railway infrastructure in the area. The Act demonstrates the Commonwealth's commitment to infrastructure development in alignment with state interests, reflecting a coordinated effort to modernise and standardise railway networks for better connectivity and economic growth.

Scope and Application

The Stirling North to Brachina Railway Act 1952 applies to the construction and operation of a railway from Stirling North to Brachina in the state of South Australia. This Act applies to the Commonwealth Railways Commissioner, who is responsible for the construction and operation of the railway, and the employees appointed for this purpose. The geographic scope of the Act is confined to the state of South Australia, where the railway is to be constructed. The Act provides for the construction of the railway on a specified route, the gauge to be used, and the maximum cost, which is capped at Eleven million pounds. This Act also repeals certain sections of the Brachina to Leigh Creek North Coalfield Railway Act 1950, effectively amending it as the Brachina to Leigh Creek North Coalfield Railway Act 1950–1952. The Act does not explicitly state any exclusions or exemptions; however, it does provide for the acquisition of land necessary for the railway's construction in accordance with the Commonwealth Railways Act 1917–1950. The Act does not extend or restrict its application through subordinate instruments.

Key Provisions

The Stirling North to Brachina Railway Act 1952 (hereinafter referred to as the Act) authorises the construction of a railway line from Stirling North to Brachina in South Australia. The Act specifies the Commissioner's authority to construct the railway on the route recommended by the Royal Commission (section 3). The Commissioner is also permitted to make deviations not exceeding five miles on either side of the specified route, provided these deviations are deemed necessary or reasonable for the railway's construction and operation (section 3(2)). The railway's gauge is set at four feet eight and one-half inches (section 4), and the combined cost of this railway and the Brachina to Leigh Creek North Coalfield Railway is capped at Eleven million pounds (section 5). The Act imposes certain obligations on the Commissioner, including the appointment of necessary personnel for the railway's construction and operation (section 6(a)), as well as the payment of appropriate wages and salaries to these employees (section 6(b)). The Commissioner is also responsible for ensuring that contractors adhere to prescribed minimum wage rates and conditions of employment (section 8(1)(a) and (b)). The Act further mandates the acquisition of land for the railway's purposes in accordance with section sixty-three of the Commonwealth Railways Act 1917–1950 (section 7). Additionally, the Commissioner must manage the issuance and application of funds for the railway's construction and the purchase of rolling stock within the specified budget limit (section 9). The Act stipulates various consequences for non-compliance. Firstly, contractors must ensure the payment of not less than the prescribed minimum rates of wages and compliance with the prescribed conditions of employment, with penalties for non-payment or non-compliance (section 8(1)(c)). Secondly, the Commissioner's authority to appoint and pay personnel is subject to the terms set out in the Act. Any failure to adhere to these obligations may result in legal consequences. Lastly, the Act includes provisions for the repeal of certain sections of the Brachina to Leigh Creek North Coalfield Railway Act 1950, thereby amending that Act (section 10). While the Act does not explicitly state criminal or civil penalties for breaches, non-compliance with its provisions may lead to legal action under the broader legislative framework governing railway construction and operation.

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Area of Law
Property Law
Environmental Law
Instrument
Act
Concepts
Definitions & Interpretation
Power to construct the Railway
Acquisition of land for purposes of the Railway
Issue and application of moneys
Repeal & Amendment

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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.