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District Councils Act Amendment Act.-1921.
(3) The expense incurred by the Council in so doing shall be paid upon the order of the Council by writing under the hand of the Chairman or Clerk by such owner or occupier to the Council and may be recovered by the Council by any process by which rates in arrear may be recovered, and, until fully paid or recovered, such amount shall be a charge upon such land notwithstanding any change in the ownership thereof.
struct tramways, &c.
13. (1) A Council may, with the consent of the Minister, con- Council may construct, maintain, manage, and work any tramways, aerial tramways, steel tracks, and other works upon, across, under, or over any road within the District.
(2) Such consent of the Minister may be given upon and subject to such conditions, reservations, restrictions, and stipulations as the Minister thinks proper.
(3) Save in so far as any conditions, reservations, restrictions, and stipulations under and subject to which any such consent is given by the Minister are not complied with and observed by the Council, any Council constructing, maintaining, managing, or working any tramway, aerial tramway, steel track, or other work upon, across, under, or over any road under the authority of this section shall not be liable in any action or proceeding, whether for nuisance or otherwise, by reason only of the existence, managing, or working of such tramway, aerial tramway, steel track, or other work.
14. (1) A Council may, with the consent of the Minister, grant Council may authorto any person desirous of constructing and working tramways, aerial tracks on roads. tramways, steel tracks, or any other work for the conveyance of agricultural products, minerals, timber, or other things, a permit to construct, manage, and work such tramway, aerial tramway, steel track, or work, or part thereof, upon, across, under, or over any road within the District.
(2) Such permit shall not be granted for any period exceeding nine years; but, with the consent of the Minister, may be renewed from time to time for any further period not exceeding nine years from the time of such renewal.
15. (1) If a Council, for six months after any application for any Appeal to the such permit as mentioned in section 14 is made to it, refuses or neglects to grant the permit, the applicant for such permit may appeal to the Minister by memorial setting out the facts, and the grounds of the appeal.
(2) The Minister shall hear and determine such appeal in such manner as he thinks just, and may for that purpose appoint any officer to hold an inquiry into the matter and make a report to him, and may act on such report. The Council shall be entitled to be heard on such appeal.
Permit to be granted
District Councils Act Amendment Act.--1921.
(3) If the Minister allows such appeal, he shall give such directions as he thinks fit for carrying the same into effect, and such directions shall be complied with by the Council and all parties concerned.
16. Any permit granted under section 14 shall be granted subject to conditions. subject to such conditions, reservations, restrictions, and stipulations as the Council, with the approval of the Minister, thinks proper.
Permit sufficient authority to
construct and work
or other work.
17. Any permit granted under section 14 shall be sufficient authority for the person to whom it is granted to construct, maintramway, steel track, tain, manage, and work the tramway, aerial tramway, steel track, or other work specified in the permit subject to the conditions, reservations, restrictions, and stipulations subject to which such permit is granted, and save insofar as such conditions, reservations, restrictions, and stipulations are not complied with and observed by the person to whom such permit is granted, such person shall not be liable in any action or proceeding, whether for nuisance or otherwise, by reason only of the existence, managing, or working of such tramway, aerial tramway, steel track, or other work.
In the name and on behalf of His Majesty, I hereby assent to
Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace.
An Act to amend the South Australian Railways
[Assented to, December 7th, 1921.]
E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as
1. (1) This Act may be cited alone as the "South Australian Short titles. Railways Commissioners Act Further Amendment Act, 1921."
(2) The South Australian Railways Commissioners Acts, 1887 to 1918, and this Act may be cited together as the "South Australian Railways Commissioners Acts, 1887 to 1921."
(3) The South Australian Railways Commissioners Act, 1887, No. 414 of 1887. is hereinafter referred to as "the principal Act," and the South Australian Railways Commissioners Act Amendment Act, 1894, No. 612 of 1894. as "the amending Act of 1894."
2. This Act is incorporated with the other Acts mentioned in Incorporation with section 1 of this Act, and those Acts and this Act shall be read as one Act.
3. The provisions of Part II. of this Act shall come into opera- Commencement of tion on a date to be fixed by proclamation.
Part II. of this Act.
4. The Acts mentioned in the Schedule hereto are hereby repealed Repeal of Acts. to the extent therein mentioned.
Arrangement of Act.
South Australian Railways Commissioners Act Further Amendment
5. The provisions of this Act are arranged in Parts as follows:-
PART II.-The South Australian Railways Commissioner.
PART III.-Miscellaneous Provisions.
Two Commissioners instead of one.
Acts applying to
deemed to be
reference to the two Commissioners.
SOUTH AUSTRALIAN RAILWAYS COMMISSIONER. 6. In this Part of this Act "the present Commissioner " means the person holding the office of the South Australian Railways Commissioner at the commencement of this Part of this Act.
7. (1) Upon the commencement of this Part of this Act there shall be two Commissioners, instead of one Commissioner as provided for by the amending Act of 1894, and such two Commissioners, in place of the said one Commissioner, shall be the body corporate incorporated by the amending Act of 1894, but without change of name or corporate entity.
(2) One of the said two Commissioners shall be a person appointed by the Governor to be Chief Commissioner. The other Commissioner shall be the present Commissioner.
(3) For the purpose of giving effect to the objects of this section1. Every provision of the principal Act and of this Act and of any other Act referring to the Commissioners incorporated by the principal Act or to any of such Commissioners, or to the Commissioner incorporated by the amending Act of 1894, shall apply to and in respect of the said two Commissioners, or to either of such Commissioners (as the case may require), in the same manner as if such last-mentioned Commissioners had been the Commissioners incorporated by the principal Act, or the Commissioner incorporated by the amending Act of 1894 (as the case may require);
II. Any reference in the principal Act or this Act or any other Act, or in any by-law, rule, or regulation made under the principal Act or any other Act, or in any bond, contract, agreement or other document, to the Commissioners incorporated by the principal Act or to any of such Commissioners, or to the Commissioner incorporated by the amending Act of 1894, shall be read as a reference to the said two Commissioners, or to either of such Commissioners (as the case may require).
South Australian Railways Commissioners Act Further Amendment
8. The following provisions shall apply with respect to the meetings of the said two Commissioners and the conduct of their
Provisions with respect to meetings and conduct of business.
(1) A meeting of the Commissioners shall be held at least once Meeting to be he'd in every month:
once a month.
(2) The Chief Commissioner shall preside at all meetings of Chief Commissioner the Commissioners:
to preside at
(3) The Chief Commissioner alone or the two Commissioners Conduct of business
Cf. ibid., s. 15.
If the Chief Commissioner differs from or disapproves Decision of Chief of the decision of the present Commissioner with respect prevail. to any matter before the Commissioners for their decision and determination, such matter of difference or disapproval shall be determined according to the deliberate judgment of the Chief Commissioner, irrespective of the decision of the present Commissioner:
In such case the Chief Commissioner shall enter or cause to be entered upon the minutes of the proceedings of the Commissioners his reasons at length for determining such matter in opposition to the decision of the present Commissioner, and shall forward to the Minister a copy of such minute, certified under his hand :
The present Commissioner may also enter upon such minutes his reasons for differing from the Chief Commissioner and in support of his own decision, and may forward to the Minister a copy of such minute, certified under his hand :
(4) The Commissioners shall keep minutes of all the proceedings Minutes to be kept.
(5) Section 62 of the principal Act shall be read and construed
Cf. ibid., s. 17.
(6) The rights, powers, authorities, and functions of the Com- Functions of missioner of Railways under the Railways Service Appeal Act 829 of 1903 Board Act, 1903, may be exercised by the two Com- exercisible by one missioners together or by either of the Commissioners.
9. No proceeding of the Commissioners shall be invalidated or Vacancy not to illegal in consequence only of there being any vacancy in the number invalidate. of Commissioners at the time of such proceeding.
Ibid., s 10.
10. The Chief Commissioner and the present Commissioner shall Salaries of be paid such salaries as are fixed by the Governor from time to Commissioners.