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The Northern Territory Surrender Act.—1907.

PART II. Division 11.-INCORPORATION.

DIVISION 11. 11. With this Part are incorporated the following Acts and the Acts incorporated. Acts amending same :(1) The Lands Clauses Consolidation Act (except sections CXIV.,

CXV., CVI., CVII., and CVIII. thereof).
The Railway Clauses Consolidation Act (except sections

LXXXI. to CLVIII., inclusive).
(3) “ The Railways Clauses Act, 1876” (except sections 12, 14, 15,

and 17), but so that the said Act shall be read as applying
to the Railways to the construction of which the State
hereby consents, and as if “ the Commonwealth” was sub-
stituted for “the Commissioner of Railways " in the said

Act.

For the purposes of —
(a) Such Acts the Commonwealth shall be deemed to be the pro-

moter of the railway and this Act “a Special Act.”
(6) Section 13 of Act No. 202 of 1881 there shall be deemed to

be no such Special Act.
(c) This Part “ the Commonwealth ” shall include any authority Definition.

constituted or appointed by the Coinmonwealth to con-
struct, maintain, or work the railway, to the construction
of which the State hereby consents.

12. For the purpose of construction of the railways to be or that Commonwealth to

th may have for construction, may be constructed by it under this Part, the Commonwealth may

VII may etc., powers of State exercise, in addition to the powers vested in it by this Act and the authority.. Acts incorporated herewith, all the powers, so far as applicable, that under any Act of the State at present in force the Commissioner or other authority of the State may exercise for the purposes of construction of the railways of the State.

I reserve this Act for the signification of His Majesty's pleasure.

GEORGE R. LE HUNTE, Governor.

THE

The Northern Territory Surrender Act.—1907.

THE SCHEDULE.

AGREEMENT made the seventh day of December one thousand nine hundred and seven

BETWEEN the COMMONWEALTH OF AUSTRALIA (hereinafter referred to as the Commonwealth) of the one part and THE STATE OF South AUSTRALIA (herein. after referred to as the State) of the other part WITNESSETH that subject as hereinafter mentioned to the approval of The Parliaments of the said Commonwealth and the said State and for the mutual considerations hereinafter appearing it IS HEREBY AGREED that the State shall on the terms and conditions hereinafter appearing surrender to the Commonwealth the Northern Territory and shall sell and transfer to the Commonwealth the Port Augusta Railway and shall permit the Commonwealth to construct or cause to be constructed in South Australia proper the railways hereinafter mentioned to the northern and western boundaries of South Australia proper from any points on the Port Augusta Railway and shall permit the Commonwealth to maintain and work the said railway: when so acquired and

constructed. The TERMS AND Conditions of this Agreement are as follows:-

(1) The Commonwealth in consideration of the surrender of the Northern Territory and property of the State therein and the grant of the rights hereinafter mentioned to acquire and to construct railways in South Australia proper shall(a) Be responsible for the indebtedness of the State in respect of the Northern

Territory as from the date of acceptance of such surrender and shall
relieve the State from the said indebtedness in the following manner :-
1. By annually reimbursing the State the amount of the annual

interest paid by it in connection with the loans in respect of
the Northern Territory ; by paying annually into a Common-
wealth Sinking Fund the amounts the State has undertaken to
pay into such a fund in connection with the said loans; and by

paying and redeeming at or before maturity the said loans. 11. By paying the amount of the deficit (or Adrance account) in respect

of the Northern Territory to the said Siate in such manner as may be agreed upon. If the amount cannot be agreed upon it

shall be determined by arbitration. (6) Construct or cause to be constructed a railway line from Port Darwin south

wards to a point on the northern boundary of South Australia proper (which railivay with the railway from a point on the Port Augusta Railway to connect therewith is hereinafter referred to as The Trans

continental Railway). (c) At the time of such surrender acquire from the State at the price and on

the terms hereinafter mentioned the Port Augusta Railway including the lands now used for and reserved for such railway together with all stations and other buildings sidings wharves and other accessories used in connection with the working of the said railway except the rail

way carriages trucks and other movable plant and rolling-stock; (d) Construct or cause to be constructed as part of the Transcontinental

Railway a railway from a point on the Port Augusta Railway to connect with the other part of the Transcontinental Railway at a point on the

northern boundary of South Australia proper. (e) Pay the price of the said Port Augusta Railway by becoming responsible

on the date of the sale and transfer thereof to the Commonwealth for the amount of the loans raised by the State for the purpose of constructing the said railway and used therefor and by annually reimbursing the State the interest payable thereon and by paying annually into a Commonwealth Sinking Fund the amounts the State has undertaken to pay into such a fund in connection with the said loans until the said loans are paid and redeemed by the Commonwealth as or before they become

(s) Give

due.

The Northern Territory Surrender Act.—1907.

(f) Give and continue to give to the State and its citizens equal facilities at

least in transport of goods and passengers on the Port Augusta Railway to those provided by the State Government at the present time and at

rates not exceeding those at present in force. (9) Allow the State to connect any new railway hereafter constructed by the . State in South Australia proper with any railways acquired or constructed

by the Commonwealth in South Australia proper. (1) Allow the State reasonable running powers and rights on such conditions as

may be agreed upon or in default of agreement as may be determined by arbitration on all railways acquired or constructed by the Common. wealth in South Australia proper and (without limitation of the scope of such powers and rights the use on such conditions as aforesaid of the stations yards buildings and other accessories at Quorn and Port Augusta and the wharf at Port Augusta used in connection with the working of the said railway but not so as to interfere with the proper control working and maintenance of the railways of the Commonwealth.

(2) The State in consideration of the covenants and agreements by the Commonwealth herein contained shall(a) Surrender to the Commonwealth the Northern Territory and without limita

tion of the effect of such general words such surrender shall include the railway from Port Darwin southwards known as “ The Palmerston and Pine Creek Railway" and all the State's right title interest in and control of all State real and personal property and privileges in the Northern Territory (except moneys helà by or on behalf of or to the credit of or due or accruing due to the State at the date of the acceptance of such surrender) whether held by or vested in the Crown or by or in any Commissioner authority or person or otherwise for State

purposes. (6) At the time of such surrender sell and transfer to the Commonwealth and

consent to the acquisition by the Commonwealth of the Port Augusta Railway including the lands now used for and reserved for such railway together with all stations and other buildings sidings wharves and other accessories used in connection with the working of the said railway except the railway carriages trucks and other movable plant and rolling-stock and shall authorise by legislation the Commonwealth to maintain and work such railway when so acquired. The price of such railway shall be the cost of construction of the railway and stations and wharves and other buildings and accessories used therewith (including the cost of resumptions) without interest added but shall not include any expenditure on maintenance works. If the cost of construction

cannot be agreed upon such cost shall be determined by arbitration. (c) At the time of such surrender authorise by legislation the Commonwealth

to do all that is necessary to enable the Commonwealth to make surveys acquire the necessary lands and to construct or cause to be constructed a railway in South Australia proper from any point on the Port Augusta Railway to a point on the northern boundary line of South Australia proper to connect with that part of the Transcontinental Railway to be built in the Northern Territory from Port Darwin southwards to the northern boundary of South Australia proper and to maintain and work such railway when constructed; and to get all timber ballast and other material necessary for such construction in South Australia proper by paying compensation in accordance with the provisions of the State Acts

at present in force payable by the State when constructing State railways. (cl) At the time of such surrender authorise by legislation the Commonwealth

in the same way and to the same extent as in the last preceding sub-clause mentioned to do all that is necessary to enable the Commonwealth to construct or cause to be constructed a railway westerly from any point on the Port Augusta Railway through South Australia proper to any point on the western boundary line of South Australia proper by a route io be determined by the Parliament of the Commonwealth and to maintain and work such railway when constructed.

(®) At The Northern Territory Surrender Act,1907.

(e) At ihe time of such surrender authorise by legislation the Commonwealth

for the purpose of constructing the said railways to exercise at least all the powers and privileges held by the State in the Railway Construction Acts at present in force in the State of South Australia as if the railways

referred to were being constructed by the State. 3. In consideration of the Commonwealth becoming responsible for the indebtedness of the State in respect of the Northern Territory in manner before mentioned tiie Siate hereby releases the Commonwealth from the liability imposed by the Commonwealth of Australia Constitution Act on the Commonwealth to compensate the State for any State properties within such Northern Territory vested in the Commonwealth in connection with any departments of the State transferred to the Commonwealth under the provisions of the said Constitution.

4. This Agreement shall not in any way be binding until and unless approved by the respective Parliaments of the Commonwealth and the State and legislation is passed enabling the Commonwealth and the State to legally carry out the aforesaid surrender and acceptance of the Northern Territory and the Parliament of the State has consented to the acquisition by the Commonwealth of the Port Augusta Railway and to the construction by the Commonwealth of the other railways in South Australia proper mentioned in this Agreement on the terms hereinbesore mentioned. · 5. When any dispute or matter authorised or directed by this Agreement to be settled by arbitration shail have arisen then unless the parties hereto concur in the appointment of a single arbitrator such matter shall be referred for decision to two arbitrators one to be appointed by the Prime Minister for the time being of the Commonwealth and one by the Premier for the time being of the State and such arbitration shall be subject as nearly as practicable to the laws relating to arbitration in force in the State.

DEFINITIONS. In this Agreement unless the contrary intention appears— “ The Northern Territory" means so much of the State of South Australia as

lies to the northward of the twenty-sixth parallel of south latitude and between the one hundred and twenty-ninth and one hundred and thirtyeighth degrees of east longitude together with the bays and gulfs therein and all and every the islands adjacent to any part of the main land within such limits as aforesaid with their rights members and

appurtenances. • The Palmerston and Pine Creek Railway" means the railway authorised to

be made and maintained pursuant to the “ Palmerston and Pine Creek

Railway Act 1883."
“ The Port Augusta Railway" means the railway from Port Augusta to

Oodnadatta authorised to be made and maintained pursuant to Acts
No. 26 of 1876: No. 226 of 1881: No. 281 of 1883: and No. 413 of

1887.
South Australia Proper” means South Australia not including the Northern

Territory. IN WITNESS whereof the Honorable Alfred Deakin (Prime Minister of the Commonwealih of Australia) for and on behalf of the said Coinmonwealth and the Honorable Thomas Price (Premier of the State of South Australia) for and on behalf of the said State have hereunto set their hands and seals the day and year first above written.

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ANNO OCTAVO EDWARDI VII REGIS.

A.D. 1908.

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No. 947.
An Act to apply, out of the General Revenue, the sum of

Four Hundred Thousand Pounds to the Service
of the Three Months ending the Thirtieth day
of September, one thousand nine hundred and
eight.

[Assented to, August 5th, 1908.] DE it Enacted by the Governor of the State of South Australia,

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

1. Out of the General Revenue of South Australia there shall Issue and application be issued and applied, from time to time, for the service of the three months ending the thirtieth day of September, one thousand nine hundred and eight, any sums of money not exceeding in the whole the sum of Four Hundred Thousand Pounds.

r's

2. No payments for any establishment or service shall be inade Payments not to out of the said sum in excess of the rates voted for similar en

Estimates. establishments or services on the Estimates for the year ended the thirtieth day of June, one thousand nine hundred and eight, except so far as such rates are affected by the “Civil Service Act, Exception. 1874,” or by departmental regulations.

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

GEORGE R. LE HUNTE, Governor.

Adelaide : By authority, C. E. BRISTOW, Government Printer, North Terrace.

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