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An Act to provide for the Construction of Railways from
Balhannah to Mount Pleasant, from Palmer to
Sedan, and from Nuriootpa to Truro, 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:

1. This Act may be cited as "The Mount Pleasant, Sedan, and Short title. Truro Railways Act, 1914."

other Acts.

2. The Acts mentioned in the Schedule, and all Acts amend- Incorporation with ing 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.

notwithstanding Act

3. This Act shall have full effect nothwithstanding any non- Act to have effect compliance, in respect of the railways hereby authorised, with the provisions of "The Railways Standing Committee Act, 1912."

No. 1089 of 1912.

4. The South Australian Railways Commissioner (hereinafter Power to construct called "the Commissioner ") may—

I. construct a railway from Balhannah to Mount Pleasant, as the said railway is delineated in the plan deposited in the office of the Surveyor-General in Adelaide, signed "J. C. B. Moncrieff, Chief Engineer for Railways," and dated the

A-1180

fifteenth

the railways.

No. 32 of 1876.

How work to be carried out.

The Mount Pleasant, Sedan, and Truro Railways Act.—1914.

fifteenth day of September, nineteen hundred 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: II. construct a railway from a point at or near Palmer to Sedan, as the said railway is delineated in the said plan, dated the fifteenth day of September, nineteen hundred 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: Provided that the terminus of the said railway at or near Palmer shall be at a point equally convenient for the continuation of the said railway either to Mount Pleasant or to Monarto:

III. construct a railway from Nuriootpa to Truro, as the said
railway is delineated in the plan deposited in the office
of the Surveyor-General in Adelaide, signed "J. C. B.
Moncrieff, Chief Engineer for Railways," and dated the
third day of August, nineteen hundred 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:
IV. construct all proper works and conveniences connected
with, or for the purposes of, the said railways respectively,
or any part or parts thereof respectively, or either of the
said railways and any other railway; and

v. maintain the said railways 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 railways, or any of them, are deposited in the office of the SurveyorGeneral 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.

5. (1) The Commissioner

(a) may call for tenders for the construction of the said rail-
ways, or any of them, to be sent in within such times,
to such places, 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, in the case of all or any of the said railways, tenders
are not called for, or no tender is accepted under
paragraph (a) hereof, may himself construct the said
railways or 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

The Mount Pleasant, Sedan, and Truro Railways Act.-1914.

structed in sections.

(2) Notwithstanding anything in this Act, the Commissioner may Railway may be conconstruct the said railways, or either 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.

6. The gauge of the said railways shall be five feet three inches, Gauge and rails. 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.

7. The Commissioner may demand for the use of the said railways, Fares, tolls, and and in respect thereof, and for the carriage of goods, stock, minerals, charges. 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 which the Commissioner may fix fares, tolls, charges, and rates in respect of the railways under his control.

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

ing purchase-money

9. 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 the land taken. 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 No. 6 of 1847. Clauses Consolidation 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:

I. The Commissioner may give notice in writing to such owner Notice to arbitrate of his intention to have the compensation settled by arbitra- and appointment of tion, and may, by the same or a subsequent notice in missioner. writing to such owner, nominate and appoint an arbitrator

to act in the reference on behalf of the Commissioner:

arbitrator by owner.

II. 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 appointor agreeing to the appointment of a sole arbitrator, shall submission.

be

ment deemed a

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