Federal Register of Legislation - Australian Government

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Act No. 21 of 1913 as made
An Act to provide for the Construction of a Railway in the Northern Territory from Pine Creek to the Katherine River, the Appointment of Officers, the Making of Charges and the Appropriation of Money in connexion with such Railway.
Date of Assent 19 Dec 1913
Date of repeal 31 Dec 1973
Repealed by Statute Law Revision Act 1973

 

PINE CREEK TO KATHERINE RIVER RAILWAY.

 

No. 21 of 1913.

An Act to provide for the Construction of a Railway in. the Northern Territory from Pine Creek to the Katherine River, the Appointment of Officers, the Making of Charges, and the Appropriation of Money in connexion with such Railway.

[Assented to 19th December, 1913.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1.   This Act may be cited as the Pine Creek to Katherine River Railway Act 1913.

Definitions.

2.    In this Act, unless the contrary intention appears—

“the Minister” means the Minister of State for External Affairs;

“the Railway” means the Railway authorized by this Act.

Power to construct the Railway.

3.   The Minister may, subject to this Act, construct a Railway in the Northern Territory from Pine Creek to the Katherine River.

Route of the Railway.

4.   The route of the Railway shall be as surveyed and marked on the ground, but the Minister may make such deviations as are reasonable for the better construction and working of the Railway.

Gauge of line.

5.   The gauge of the Railway shall be three feet six inches, but provision shall be made in the construction of the permanent way and works for subsequent alteration to a gauge of not less than four feet eight and one half inches.


 

Railway need not be fenced.

6.   The Minister shall not be required to fence any portion of the Railway, but he may erect; and maintain such fences in connexion therewith as he thinks proper.

Engines to be used.

7.  The Minister may utilize in the construction and working of the Railway line engines worked by steam or other mechanical power.

Provision for incidental matters.

8.   The Minister may provide all things necessary or convenient for the efficient construction and working of the Railway.

Incidental buildings and works.

9.  The Minister may erect or make all such stations, buildings, approaches, bridges, culverts, apparatus, dams, tanks, plant, works, conveniences, and structures as he considers necessary or desirable in connexion with the efficient construction and working of the Railway.

Special powers in connexion with construction.

10.—(1.)   For the purposes of the construction of the Railway all the powers and authorities of the Commissioner of Railways under the Railway Clauses Act 1876 of the State of South Australia, or of any Act amending the same, shall, in relation to the Northern Territory, be vested in and exercisable by the Minister.

(2.)  The Minister may, by writing under his hand, delegate any of the powers and authorities vested in him by sub-section (1.) of this section.

(3.)  Every delegation under this section shall be revocable in writing at will, and no delegation shall prevent the exercise of any power or authority by the Minister.

By-laws.

11.—(1.)   The Minister may make by-laws for the regulation, government, protection, and working of the Railway.

(2.)  All by-laws made in pursuance of this section shall be deemed to be regulations within the meaning of section ten of the Acts Interpretation Act 1904.

Use of railway before it is open for traffic.

12. The Minister may permit any part of the Railway to be used for the carriage of passengers and goods before it has been declared open for traffic, but in that case all passengers shall be carried at their own risk and all goods shall be carried at the risk of the owners thereof, and the Minister shall incur no responsibility for any injury or damage to any such passengers or goods.

Fares and rates.

13.—(1.)   The Minister may charge or in the case of a contractor operating any portion of the line before it has been declared open for traffic may permit the charging of such fares and rates for the carriage of passengers and goods on the Railway and make such incidental charges in connexion with the Railway as he thinks reasonable.

(2.)   All schedules of fares and rates made by the Minister shall be laid before the Senate and the House of Representatives within thirty days after the making thereof if the Parliament is then sitting, and, if the Parliament is not then sitting, within thirty days after the next meeting of the Parliament.


 

Appointment of officers.

14. The Minister may appoint, for any period not extending six months beyond the date on which the line shall be declared open for traffic, all such officers as he thinks necessary for the purposes of the construction or working of the Railway, and may authorize the employment of any persons for those purposes.

Wages and conditions of employment.

15.—(1.) In any contract relating to the construction of the Railway provision shall be made for the payment by the contractor of not less than the prescribed minimum rates of wages and for the observance of the prescribed conditions of employment and also for the recovery of penalties for non-payment of the prescribed rates of wages or for non-compliance with the prescribed conditions of employment.

(2.)  The minimum rates of wages and the conditions of employment shall be prescribed by the Minister and shall be set forth in a schedule to the contract.

Receipts to go to Consolidated Revenue Fund.

16. All moneys received in respect of the Railway shall be paid to and form part of the Consolidated Revenue Fund of the Commonwealth.

Appropriation of moneys.

17. All moneys necessary for the payment of the cost of construction of the Railway up to and including the time of the opening of the Railway for traffic shall be payable out of the Consolidated Revenue Fund or out of any moneys standing to the credit of the Loan Fund, according to appropriations made by Parliament for that purpose.