The Pinnaroo Railway Act Further Amendment Act-1914.

(2) Thereupon the Commissioner of Crown Lands may, by notice published in the Government Gazette, declare1. that the parts defined in such notice of such breakwind

reserves shall, from the date specified in such notice, be

public roads, and 11. that, from the same date, the roads or parts of roads defined

in such notice, abutting on such breakwind reserves, shall be closed as roads and shall be included in such

breakwind reserves. (3) From the date so specified -1. the parts of breakwind reserves so declared to be public

roads shall, notwithstanding the provisions of the said

section 13, be public roads for all purposes, and II. the roads or parts of roads so declared to be closed shall cease

to be roads or parts thereof, and shall for all purposes be parts of the breakwind reserves upon which they respectively abut as if they had been included therein by reservation under the said section 13, and all the provisions of that section as to any person found cutting or removing timber, scrub, or undergrowth shall apply

accordingly. (4) The powers conferred by this section may be exercised from time to time as the said Commissioner deems convenient.

District Councils to preserve timber and prevent traffic on parts added to reserves.

4. From the time when any road, or part of a road, becomes part of a breakwind reserve pursuant to this Acts the District Council within whose District it is situate shall preserve and protect from destruction or injury all timber and other trees growing thereon, and shall take all such steps as may be necessary to prevent traffic along or across such part of such break wind reserve.

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

H. L. GALWAY, Governor.

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

An Act to provide for the Extension of the Paringa

Railway across the River Murray to Renmark.
and for other purposes.

[Assented to, November 19th, 1914.]
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 Paringa to Renmark Railway Short title. Act, 1914.”

other Acts.

2. The Acts mentioned in the Schedule, and all Acts amending Incorporation with or substituted for the said Acts, or any of them, or any such amending or substituted Act, so far as the same are severally applicable to the purposes of this Act and not inconsistent with this Act, but with the exceptions stated in the Schedule, are or shall be incorporated with this Act.

3. The South Australian Railways Commissioner (hereinafter Power to construct called “ the Commissioner”) may

the railway. 1. construct a railway (hereinafter called “the said railway") from

the terminus of the Paringa Railway (and in extension
of that railway) across the River Murray to such point
as he deems convenient in or near Renmark Town, as
the said railway is delineated in the plan deposited in the
the office of the Surveyor-General, in Adelaide, signed
“ J. C. B. Moncrieff, Chief Engineer for Railways,” and
dated the thirteenth day of November, nineteen hundred

and

A-1177

The Paringa to Renmark Railway Act.—1914.

and fourteen, 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: 11. construct all proper works and conveniences connected with,

or for the purposes of, the said railway, or of the said
railway and any other railway, including (though without
limiting the effect of this provision) a bridge across the

River Murray; 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 depo-
sited in the office of the Surveyor-General under section 9 of “The
Railway 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.

No. 32 of 1876.

How work to be carried out.

4. (1) The Commissioner -
(a) may call for tenders for the construction of the said rail-

way and works and conveniences, 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: (b) if tenders are not called for, or no tender is accepted under

paragraph (a) hereof, may himself construct the said railway and works and conveniences, 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 and works and conveniences, or any of them, 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 sixty pounds to the yard.

Fares, tolls, and charges.

6. The Commissioner may demand for the use of the 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 Commis

sioner,

The Paringa to Renmark Railway Act.—1914.

sioner, in manner prescribed by any Act or Acts under which the Commissioner may fix fares, tolls, charges, and rates in respect of the railways under his control.

7. All fares. tolls, rents, dues, charges, rates, and sums of money Appropriation of

c which are received and levied under authority of this Act shall be fares, tolls, &c. 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. With respect to any land purchased or taken by the Com- Method of determin

ing purchase-money missioner for the purposes of this Act, or with respect to which he and compensation for exercises for such purposes the powers conferred by any of land taken. the Acts incorporated with this Act, if the amount of compensation to be paid to any owner thereof 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 Con- No. 6 of 1817. solidation Act,” that he requires to purchase or take such land, or that he desires to have the compensation for the exercise of the said powers fixeủ, 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 of Notice to arbitrate his intention to have the compensation settled by arbitra- arbitrator by

and appointment of tion, and may, by the same or a subsequent notice in writing Con missioner. to such owner, nominate and appoint an arbitrator to act in the reference on behalf of the Commissioner:

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 : 111. Each such notice nominating and appointing an arbitrator, Notice of appointment

. or agreeing to the appointment of a sole arbitrator, shall deemed a submission. be deemed a submission to arbitration on the part of the 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: 1v. Unless such owner, within twenty-one days after the giving In default of

appointment by owner, by the Commissioner as aforesaid of notice nominating and arbitrator appointed appointing an arbitrator, gives notice to the Commissioner, by Commissioner to as provided by paragraph 11. hereof, agreeing that 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

The Paringa to Renmark Railway Act.—1914.

Provisions as to umpire, vacancies, etc.

Informality not to invalidate.

Award to be final.

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

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

the compensation : 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 : vui 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 (6, 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.

Effect of submission and award.

Meaning of "owner's and “land."

No. 6 of 1847.

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

H. L. GALWAY, Governor.

THE