Page images
PDF
EPUB
[graphic][subsumed][subsumed][subsumed][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

An Act to provide for the construction of a Railway from

Wanbi Siding to a point near section 42, Hundred
of Moorook.

[ Assented to, December 6th, 1923.]
E it Enacted by the Governor of the State of South Australia,

with the advice and consent of the Parliament thereof, as follows:

1. This Act may be cited as the “Wanbi to Moorook Railway Short title. Act, 1923.”

other Acts.

2. The Acts mentioned in the schedule, so far as the same are Incorporation with severally applicable to the purposes of this Act and not inconsistent with this Act, but with the exceptions stated in the schedule, are incorporated with this Act.

66

3. The South Australian Railways Commissioner (hereinafter Power to construct referred to as the Commissioner ») may

railway.
I, construct a railway (hereinafter referred to as “the said

railway ") from Wanbi Siding, situated in the hundred
of Mindarie, on the railway authorised by the Tailem
Bend and Brown's Well Railway Act, 1909, to a point
near section 42, hundred of Moorook, as the said railway
is delineated in the plan deposited in the office of the
Surveyor-General, at Adelaide, signed “F. W. Stephen,
Chief Engineer for Railways,” and dated the fourth day
of September, nineteen hundred and twenty-three, or as
the said railway is delineated in any plans so deposited
after the passing of this Act, pursuant to any law for the
time being in force as to the deposit of such plans ;

II. construct

A-1586

Wanbi to Moorook Railway Act.-1923.

No. 23 of 1876.

How work to be carried out.

II. construct all proper works and conveniences connected

with, or for the purposes of, the said railway, or any part or parts thereof, or of the said railway and any other

railway or railways; and III. maintain the said railway and all such works and con

veniences : Provided that in case the Houses of Parliament are not sitting when any plans and books of reference as to the said railway are deposited in the office of the Surveyor-General under section 9 of the Railways Clauses Act, 1876, the Commissioner may make deviations under the said section before causing copies of such plans and books of reference to be laid before Parliament; but such copies shall be laid before both Houses of Parliament within fourteen days after the next sittings of such Houses respectively. 4. (1) The Commissioner :(a) shall call for tenders for the construction of the said

railway to be sent in within such time, to such place, and to be upon and subject to such terms, conditions, and provisions as he deems advisable, and may accept or reject any tender; and he may construct the railway himself if no tender for the construction thereof is

accepted : (6) if no tender is accepted under paragraph (a) hereof, may

himself construct the said railway, and if he thinks proper, may for such purpose contract by petty contracts or on piecework rates for the construction of any

part or parts thereof. (2) Notwithstanding anything in this Act, the Commissioner may construct the said railway in sections, as he may find convenient, instead of as one work, and in that case subsection (1) hereof shall apply in respect of each such section.

Railway may be constructed in sections.

Gauge and rails.

5. The gauge of the said railway shall be five feet three inches, and the rails to be used in the construction thereof shall be of iron or steel, and of the weight of not less than forty pounds to the yard.

Fares, tolls, and charges.

6. The Commissioner may demand for the use of the said railway, and in respect thereof, and for the carriage of goods, stock, minerals, mails, parcels, and passengers thereon, and for the loading and unloading of goods, minerals, mails, and stock, such fares, tolls, charges, and rates as are from time to time fixed by the Commissioner, in manner prescribed by any Act or Acts under wbich the Commissioner may fix fares, tolls, charges, and rates in respect of the railways under his control.

Appropriation of fares, tolls, &c.

my. All fares, tolls, rents, dues, charges, rates, and sums of money which are received under the authority of this Act shall be paid, in such manner as is prescribed by the Governor, to the Treasurer of the said State for the public purposes of the said State.

8. When

money and

Wanbi to Moorook Railway Act.—1923. 8. When any land is purchased or taken by the Commissioner Method of deter

mining purchase. for the purposes of this Act, or the Commissioner exercises, with respect to any land and for such purposes, the powers conferred by compensation for

land taken. any of the Acts incorporated with this Act, or any land is alleged to be injuriously affected by the constructing of the said railway or any works or conveniences authorised by this Act, if the amount of compensation to be paid to any owner of such land is not determined by agreement in writing, signed by or on behalf of such owner and the "Commissioner, within twenty-one days after the Commissioner has given notice to such owner, as required by section 18 of the Lands Clauses Consolidation Act, that he requires No. 6 of 1847. to purchase or take such land, or that he desires to have the compensation for the exercise of the said powers or for the injurious affection fixed, as the case may be, the amount of compensation shall be determined by arbitration in the following manner :1. The Commissioner may give notice in writing to such owner Notice to arbitrate

of his intention to have the compensation settled by arbitrator by
arbitration, and may, by the same or a subsequent notice Commissioner.
in writing to such owner, nominate and appoint an
arbitrator to act in the reference on behalf of the Commis-

and appointment of

sioner :

a

11. Such owner may, within twenty-one days after the giving Appointment of

of such notice appointing an arbitrator, give notice in arbitrator by owner.
writing to the Commissioner agreeing that such arbitrator
shall be sole arbitrator, or nominating and appointing
another arbitrator to act in the reference on behalf of such

owner :
III. Each such notice nominating and appointing an arbitrator, Notice of

or agreeing to the appointment of a sole arbitrator, shall appointment
be deemed a submission to arbitration on the part of the submission.
party by whom the same is given ; and after the giving
of any such notice neither party shall have power to
revoke the appointment thereby made or such submission
without the consent in writing of the other party, nor

shall the death of either party operate as a revocation :
iv. Unless such owner, within twenty-one days after the giving In default of

by the Commissioner as aforesaid of notice nominating owner, arbitrator
and appointing an arbitrator, gives notice to the Commis- appointed by
sioner as provided by paragraph 11. hereof, agreeing that commissioner to
such arbitrator shall be sole arbitrator or nominating and
appointing another arbitrator, the Commissioner may
appoint the arbitrator nominated and appointed by him
to act on behalf of both parties; and such arbitrator shall
proceed to hear and determine the matter and shall give
his award determining the price and compensation (if

any) to be paid :
v. All the provisions of sections 26 to 35 inclusive of the Lands Provisions as to

Clauses Consolidation Act shall, mutatis mutandis, apply
with respect to the arbitration and the determination
of the compensation :

act

umpire, vacancies, eto.

VI. No

Wanbi to Moorook Railway Act.—1923.

Informality not to invalidate.

Award to be final.

Effect of submission and award.

VI. No notice, appointment, or award made under this section

shall be set aside or be invalid for irregularity or error in

matter of form : VII. Every award under this section of arbitrators, or of a single

arbitrator (in a case where it is agreed, as mentioned in paragraph 11. hereof, that an arbitrator shall be the sole arbitrator, or where a single arbitrator is empowered by this section to give an award), or of an umpire, shall be final: Provided always that where an arbitrator or umpire has misconducted himself the Supreme Court or a Judge thereof may remove him, and that where an arbitrator has misconducted himself, or an arbitration or award has been improperly procured, the said Court

or a Judge thereof may set the award aside : VIII. A submission to arbitration under this section shall have the

same effect as if it had been made an order of the Supreme Court; and an award under this section may, by leave of the Supreme Court or a Judge thereof, be enforced in the same manner as a judgment or order of the said Court to

the same effect : ix. In this section(a) the word “ owner” includes, with respect to any land,

any person having any estate or interest (legal or equitable) in the land, or any easement, right, power, or privilege in, under, over, affecting, or in connection with the land, or by the Lands Clauses Consolidation Act enabled to sell and

convey, transfer, release, assign, or otherwise assure such estate, interest, easement, right, power, or privi

lege ; and (b) the word “ land” includes any estate or interest (legal

or equitable) in land, and any easement, right, or privilege in, under, over, affecting, or in connection with land.

Meaning of
“ owner" and
“ land."

No, 6 of 1847.

[ocr errors]

Railway not to be opened until line from Tailem Bend to Karoonda is relaid.

9. The Commissioner shall before opening the said railway for traffic relay the permanent way of the railway now existing between Tailem Bend and Karoonda with rails of the weight of not less than sixty pounds to the yard.

[ocr errors]

In the name and on behalf of His Majesty, I hereby assent to

I this Bill.

TOM BRIDGES, Governor.

THE

Wanbi to Moorook Railway Act.-1923.

THE SCHEDULE.

[ocr errors]
[ocr errors]

Ordinance No. 6 of 1847.—The Lands Clauses Consolidation Act, except sections Section 2. 9. 12 to 17 inclusive. 21 to 25 inclusive, 38 to 62 inclusive, 64 to 68 inclusive, 110, 114 to 120 inclusive, 136, and 137.

Act No. 26 of 1855-6, being an Act to amend the Lands Clauses Consolidation Act, except sections 1, 4, and 6.

Act No. 202 of 1881.-The Lands Clauses Consolidation Amendment Act, 1881, except sections 5 to 11 inclusive.

Act No. 1035 of 1911.- The Lands Clauses Consolidation Further Amendment Act, 1911.

Act No. 1163 of 1914.- The Lands Clauses Consolidation Further Amendment Act, 1914.

Act No. 1326 of 1918—Lands Clauses Consolidation Further Amendment Act, 1918.

Ordinance No. 7 of 1847.—The Railways Clauses Consolidation Act.

Act No. 6 of 1858, being an Act to Amend the Railways Clauses Consolidation
Act.

Act No. 32 of 1876.- The Railways Clauses Act, 1876.
Act No. 1392 of 1919.—Railways Clauses Act Amendment Act, 1919.
Act No. 414 of 1887.-The South Australian Railways Commissioners Act, 1887.

Act No. 512 of 1891.—The South Australian Railways Commissioners Act
Amendment Act, 1891.

Act No. 612 of 1894.-The South Australian Railways Commissioners Act Amendment Act, 1894.

Act No. 912 of 1906.—The South Australian Railways Commissioners Further Amendment Act, 1906.

Act No. 938 of 1909.-- The South Australian Railways Commissioners Act Amendment Act, 1909.

Act No. 1144 of 1913.- The South Australian Railways Commissioners Act Amendment Act, 1913.

Act No. 1332 of 1918.-South Australian Railways Commissioners Act Further Amendment Act, 1918.

Act No. 1486 of 1921.—South Australian Railways Commissioners Act Further Amendment Act, 1921.

Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace.

« EelmineJätka »