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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 fares, tolls, &c. which are received and levied under 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.

ing purchase-money

8. With respect to any land purchased or taken by the Com- Method of determinmissioner 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 1847. 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 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 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 Commissioner. to such owner, nominate and appoint an arbitrator to act in the reference on behalf of the Commissioner:

arbitrator by owner.

11. Such owner may, within twenty-one days after the giving Appointment of of such notice appointing an arbitrator, give notice in 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 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:

act alone.

IV. Unless such owner, within twenty-one days after the giving In default of by the Commissioner as aforesaid of notice nominating and arbitrator appointed appointment by owner, 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 proceed

Provisions as to umpire, vacancies,

etc.

Informality not to invalidate.

Award to be final.

Effect of submission and award.

Meaning of "owner" and "land."

No. 6 of 1847.

The Paringa to Renmark Railway Act.-1914.

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 II. 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:

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 privilege; 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.

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

this Bill.

H. L. GALWAY, Governor.

THE

The Paringa to Renmark Railway Act.-1914.

THE SCHEDULE.

Ordinance No. 6 of 1847.-"The Lands Clauses Consolidation Act," except sections 9, 12 to 17 inclusive, 21 to 25 inclusive, 34, 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."

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. 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. 988 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.

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

Sec. 2.

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An Act to consolidate certain Acts providing for Irrigation and the creation of Boards for Reclaimed Swamp and other Lands, and for other purposes.

BE

[Assented to, November 26th, 1914.]

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:

PART I.
PRELIMINARY.

66

PART I.

1. This Act may be cited as The Irrigation and Reclaimed Short title. Lands Act, 1914."

2. This Act is incorporated and shall be read with "The Crown Incorporation with Lands Act, 1903," and all Acts amending that Act.

3. The provisions of this Act are arranged as follows:

PART 1.-Preliminary.

PART II.-Reclamation of Swamp Lands and Proclamation of
Irrigation Areas.

PART 11-Management of an Irrigation Area before Constitu-
tion of Board-

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DIVISION II.-Acquisition, Tenure, and Transfer of Land:

DIVISION III.-Water Supply:

DIVISION IV.-Financial.

Crown Lands Acts.

Arrangement of Act.

Act 953, 1908, s. 2.

A-1178

PART

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