Federal Register of Legislation - Australian Government

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Act No. 123 of 1980 as amended, taking into account amendments up to Act No. 141 of 1983
Registered 08 Dec 2009
Start Date 17 Feb 1984
End Date 01 Nov 2000
Date of repeal 01 Nov 2000
Repealed by Australian National Railways Commission Sale Act 1997

RAILWAY AGREEMENT (ADELAIDE TO CRYSTAL BROOK RAILWAY) ACT 1980
- Updated as at 17 December 1993 (#DATE 17:12:1993)

*1* The Railway Agreement (Adelaide to Crystal Brook Railway) Act 1980 as shown in this reprint comprises the Act No. 123, 1980 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application
Number and of assent commencement saving or
year transitional
provisions
Railway Agreement (Adelaide to Crystal Brook Railway) Act 1980
123, 1980 17 Sept 1980 2 Dec 1980 (see Gazette 1980,
No. S258)
Australian National Railways Commission (Transitional Provisions
and Consequential Amendments) Act 1983
141, 1983 22 Dec 1983 17 Feb 1984 (see s. 2 and
Gazette 1984, No. S47)
-
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 4 am. No. 141, 1983
S. 9 am. No. 141, 1983
S. 13 rep. No. 141, 1983

RAILWAY AGREEMENT (ADELAIDE TO CRYSTAL BROOK RAILWAY) ACT 1980 - TABLE OF
PROVISIONS

TABLE

TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Repeal
4. Interpretation
5. Approval of Agreement
6. Vesting of certain land
7. Cost of railway
8. The Commonwealth and Commission to carry out agreement
9. Construction of Railway
10. Transfer of liabilities
11. Pending proceedings
12. Certificates
14. Appropriation
15. Regulations
SCHEDULE

RAILWAY AGREEMENT (ADELAIDE TO CRYSTAL BROOK RAILWAY) ACT 1980 - SECT 1
Short title

SECT

1. This Act may be cited as the Railway Agreement (Adelaide to Crystal Brook Railway) Act 1980.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

RAILWAY AGREEMENT (ADELAIDE TO CRYSTAL BROOK RAILWAY) ACT 1980 - SECT 2
Commencement

SECT

2.*1* (1) Subject to subsection (2), this Act shall come into operation on a date to be fixed by Proclamation.

(2) This Act shall not come into operation unless an Act of the Parliament of South Australia approving the Agreement has come into force on or before the date fixed by Proclamation under subsection (1). SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

RAILWAY AGREEMENT (ADELAIDE TO CRYSTAL BROOK RAILWAY) ACT 1980 - SECT 3
Repeal

SECT

3. The Adelaide to Crystal Brook Railway Act 1974 is repealed.

RAILWAY AGREEMENT (ADELAIDE TO CRYSTAL BROOK RAILWAY) ACT 1980 - SECT 4
Interpretation

SECT

4. (1) In this Act, unless the contrary intention appears:
"Agreement" means the agreement between the Commonwealth and South Australia a copy of which is set out in the Schedule;
"Australian National Railways Commission Act" means the Australian National Railways Commission Act 1983.

(2) Expressions used in this Act that are defined by clause 2 or 3 of the Agreement have the same respective meanings as those expressions have in the Agreement.

RAILWAY AGREEMENT (ADELAIDE TO CRYSTAL BROOK RAILWAY) ACT 1980 - SECT 5
Approval of Agreement

SECT

5. The Agreement is approved.

RAILWAY AGREEMENT (ADELAIDE TO CRYSTAL BROOK RAILWAY) ACT 1980 - SECT 6
Vesting of certain land

SECT

6. Where a certificate relating to any land described in Part 1 or Part 2 of the Third Schedule to the Agreement is given in pursuance of clause 22 of the Agreement, that land shall, by force of this Act, vest in the Commission on the date on which the certificate is given.

RAILWAY AGREEMENT (ADELAIDE TO CRYSTAL BROOK RAILWAY) ACT 1980 - SECT 7
Cost of railway

SECT

7. (1) Subject to subsection (2), the amount expended upon the construction of the Railway shall not exceed $82,000,000.

(2) If the Commonwealth Minister and the State Minister make the declaration referred to in clause 13 of the Agreement, the amount expended on the construction of the Railway shall not exceed $92,000,000.

RAILWAY AGREEMENT (ADELAIDE TO CRYSTAL BROOK RAILWAY) ACT 1980 - SECT 8
The Commonwealth and Commission to carry out agreement

SECT

8. The Commonwealth and the Commission shall perform or observe any provisions of the Agreement that are required to be performed or observed by the Commonwealth and the Commission, respectively.

RAILWAY AGREEMENT (ADELAIDE TO CRYSTAL BROOK RAILWAY) ACT 1980 - SECT 9
Construction of railway

SECT

9. The Commission shall, subject to this Act and to the Australian National Railways Commission Act, construct, and administer, maintain and operate, the Railway in accordance with the Agreement.

RAILWAY AGREEMENT (ADELAIDE TO CRYSTAL BROOK RAILWAY) ACT 1980 - SECT 10
Transfer of liabilities

SECT

10. The Commission shall meet all liabilities and obligations that exist by virtue of, or that arise out of, the rights and claims to which clause 28 of the Agreement applies.

RAILWAY AGREEMENT (ADELAIDE TO CRYSTAL BROOK RAILWAY) ACT 1980 - SECT 11
Pending proceedings

SECT

11. (1) Where a proceeding has been instituted by or against South Australia, the Transport Authority or a State Authority:
(a) in respect of land referred to in section 6, before the date on which that land vests in the Commission; or
(b) in respect of property referred to in the Fourth Schedule to the Agreement, before the operative date;
but the proceeding so instituted has not been completed before that date, the court in which the proceeding was instituted shall, on and after that date, substitute the Commission for South Australia, the Transport Authority or that State Authority as the plaintiff or defendant, as the case may be, in the proceeding.

(2) Where a proceeding in respect of a liability or obligation to which the Commission is made subject by this Act on the operative date has been instituted against the State, the Transport Authority or a State Authority before that date but has not been completed before that date, the court in which the proceeding was instituted shall, on or after that date, substitute the Commission for South Australia, the Transport Authority or that State Authority as the defendant in the proceedings.

(3) In this section, a reference to the plaintiff or to the defendant in relation to a proceeding by way of a cross-proceeding shall be read as a reference to the plaintiff or the defendant, as the case may be, in the cross-proceeding.

RAILWAY AGREEMENT (ADELAIDE TO CRYSTAL BROOK RAILWAY) ACT 1980 - SECT 12
Certificates

SECT

12. (1) A certificate in writing signed by:
(a) the Minister or his delegate; and
(b) the State Minister or his delegate;
stating that the right, title and interest of South Australia, the Transport Authority or a State Authority in land referred to in the certificate vested in the Commission on a specified date is admissible in evidence in any proceeding and in conclusive evidence of the matters state in the certificate.

(2) A certificate in writing signed by:
(a) the Minister or his delegate; and
(b) the State Minister or his delegate;
in relation to any other matters arising under this Act or the Agreement is admissible in evidence in any proceeding and is prima facie evidence of the matters stated in the certificate.

(3) A reference in this section to a delegate of the Minister or of the State Minister shall be read as a reference to a person appointed by the Minister or by the State Minister, as the case may be, as the delegate of the Minister or of the State Minister for the purposes of this Act or the Agreement.

(4) A document purporting to be a certificate given under this section shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.

RAILWAY AGREEMENT (ADELAIDE TO CRYSTAL BROOK RAILWAY) ACT 1980 - SECT 14
Appropriation

SECT

14. The amount payable to South Australia in accordance with clause 8 of the Agreement is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

RAILWAY AGREEMENT (ADELAIDE TO CRYSTAL BROOK RAILWAY) ACT 1980 - SECT 15
Regulations

SECT

15. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to this Act or to the Agreement.

RAILWAY AGREEMENT (ADELAIDE TO CRYSTAL BROOK RAILWAY) ACT 1980 - SCHEDULE

SCH

SCHEDULE Section 4
AN AGREEMENT made the eleventh day of August 1980 between -
THE COMMONWEALTH OF AUSTRALIA (in this agreement called "the
Commonwealth") of the one part; and
THE STATE OF SOUTH AUSTRALIA (in this agreement called "the
State") of the other part.
WHEREAS -
(A) the Governments of the Commonwealth and of the State,
considering it desirable that work be carried out to link
Adelaide and the existing standard gauge railway that connects
Sydney and Perth, made an agreement on 17 May 1974 (in this
agreement called "the Railway Construction Agreement") for the
construction of a standard gauge railway between Adelaide and
Crystal Brook and for the provision of financial assistance to
the State towards meeting the cost of carrying out that work;
(B) the Railway Construction Agreement was approved by the
Adelaide to Crystal Brook Railway Act 1974 of the Commonwealth
Parliament and the Adelaide to Crystal Brook Standard Gauge
Railway Agreement Act 1974 of the South Australian Parliament and
the said Commonwealth Act authorised the making to the State, by
way of financial assistance, of the payments by the Commonwealth
to the State provided for in that Agreement on the terms and
conditions therein contained;
(C) The State arranged for the carrying out and execution
of the railway work provided for by the Railway Construction
Agreement and the work was commenced;
(D) by an agreement made on 21 May 1975 (in this agreement
called "the Railway Transfer Agreement") the Commonwealth and the
State agreed upon the transfer to, and the administration,
maintenance and operation by, the Australian National Railways
Commission of the non-metropolitan railways of the State and upon
the construction of railways by the Commonwealth or the
Commission and the administration, maintenance and operation of
railways so constructed and the Agreement provided for its
implementation by legislation;
(E) the Railway Transfer Agreement was approved and
implemented by the Railways Agreement (South Australia) Act 1975
of the Commonwealth Parliament and by the Railways (Transfer
Agreement) Act 1975 of the South Australian Parliament;
(F) before and after the commencement date of the Railway
Transfer Agreement, payments were made by the Commonwealth to the
State in connection with the cost of the railway work under the
Railway Construction Agreement and repayments of, and payments of
interest on, those payments have been made by the State to the
Commonwealth;
(G)the railway work carried out by the State under the
Railway Construction Agreement has been discontinued;
(H)the Commonwealth and the State desire to -
(a) terminate the operation of the Railway Construction
Agreement;
(b) make financial adjustments between them with respect to the
payments that have been made in accordance with that Agreement;
(c) identify the assets and liabilities arising from the
performance of so much of the railway work as has been carried
out under that Agreement and which it is agreed be vested in the
Commission insofar as the same are not presently so vested;
(d) provide for the construction and operation by the
Commission of a standard gauge railway between Adelaide and
Crystal Brook; and
(e) provide for the Commission to have such property and rights
as are necessary for the construction and operation of that
standard gauge railway:
NOW IT IS HEREBY AGREED as follows: -
1. (1) This agreement contains the following Parts:
I. Interpretation (clauses 2-4)
II. Operation and Legislation (clauses 5-6)
III. The Railway Construction Agreement -
Termination and Financial Adjustments (clauses 7-9)
IV. The Railway and Railway Work (clauses 10-19)
V. Vesting and Use of Land (clauses 20-26)
VI. Vesting of Property (clauses 27-28)
VII. Arrangements for Railway Operation (clauses 29-30)
VIII. Miscellaneous (clauses 31-32)
(2) The Schedules to this agreement are as follows:
First Schedule - The Railway Route (clauses 10-11)
Part 1 - Non-Urban Sector
Part 2 - Urban Sector
Part 3
Second Schedule - The Railway Work (clauses 12-13)
Part 1 - The Main Line, Branch Lines and Siding Connections
Part 2 - Outer Harbor Connection
Third Schedule - Land (clauses 20-22)
Fourth Schedule - Other Assets (clauses 27-28)
PART I - INTERPRETATION
2. In this agreement, unless the contrary intention appears or
the context otherwise requires -
"arbitration" means arbitration pursuant to clause 31;
"non-urban sector" means the Railway route described in Part 1
of the First Schedule;
"State Authority" means a body corporate established by a law
of the State (other than the Transport Authority) and "State
Authorities" means any two or more of such authorities according
to the requirements of the context;
"the Commission" means the Australian National Railways
Commission being the body corporate established by the Australian
National Railways Act 1917 as amended of the Commonwealth
Parliament;
"the operative date" means the date upon which this agreement
comes into operation as provided in sub-clause 5 (2);
"the Railway" means the standard gauge railway to be
constructed by the Commission as provided in sub-clause 10 (1);
"the railway work" means the work to be performed pursuant to
clauses 12, 13 and 17;
"the Transport Authority" means the State Transport Authority
being the body corporate constituted by the State Transport
Authority Act 1974-1978; and
"urban sector" means the Railway route described in Parts 2 and
3 of the First Schedule.
3. (1) In this agreement -
"the Commonwealth Minister" means the Minister for Transport of
the Commonwealth or such other Minister of the Commonwealth as
may have for the time being administrative responsibility for the
matters to which this agreement relates; and
"the State Minister" means the Minister of Transport for the
State.
(2) References in this agreement to a Minister shall be deemed
to include any other Minister of the Commonwealth or of the
State, as the case may be, who is for the time being acting for
or discharging the duties of the relevant Minister.
4. (1) In this agreement, unless the contrary intention
appears -
(a) a reference to a Part or clause is to the relevant Part or
clause of this agreement;
(b) a reference to a sub-clause is to the relevant sub-clause
of the clause in which the reference appears or, if the reference
indicates another clause, to the relevant sub-clause of that
clause of this agreement; and
(c) a reference to a Schedule is to a Schedule of this
agreement.
(2) The Schedules to this agreement shall be regarded as
constituting part of this agreement and shall be construed
accordingly.
(3) A reference in this agreement to a Schedule or to a Part of
a Schedule is a reference to that Schedule or to that Part as
from time to time varied in accordance with this agreement.
(4) Headings in this agreement shall not affect its meaning.
PART II - OPERATION AND LEGISLATION
5. (1) This agreement, other than clause 6, shall have no force
or effect unless and until the legislation of the Commonwealth
Parliament and of the South Australian Parliament provided for by
that clause has been enacted and come into operation.
(2) This agreement shall come into operation upon legislation
of both the Commonwealth Parliament and the South Australian
Parliament approving this agreement coming into force and shall
thereupon be binding upon and enforceable between the parties.
6. The parties shall take all practical steps to seek the
enactment, as soon as practicable, of legislation as follows: -
(a) legislation by the Commonwealth Parliament and the South
Australian Parliament to approve this agreement and to make such
provision as shall be necessary or appropriate on the parts of
those Parliaments respectively for the implementation of this
agreement including legislation -
(i) authorising and requiring the Commonwealth, the State and
their respective authorities and instrumentalities to perform and
observe the provisions of this agreement on their part to be
performed and observed;
(ii) providing for the vesting in the Commission of the land
to which the Commission shall become entitled under clause 20 of
this agreement;
(iii) providing to the effect that a joint certificate given
by the Commonwealth Minister and the State Minister, or their
respective delegates, that the right, title and interest of the
State, the Transport Authority or a State Authority in the land
referred to in the certificate vested in the Commission is
conclusive as to the extent of the right, title and interest and
the description of the land so vested on the date thereof for all
purposes;
(iv) providing to the effect that a joint certificate given
by the Commonwealth Minister and the State Minister, or their
respective delegates, in relation to any matters not referred to
in sub-paragraph (iii) arising under the legislation or this
agreement is admissible in evidence in any action or proceedings,
and shall be prima facie evidence of the matters stated in the
certificate for the purposes of such action or proceedings; and
(v)authorising the making of regulations that are necessary
or convenient for carrying out, or giving effect to, this
agreement and the legislation for the implementation of this
agreement;
(b) without limiting the generality of sub-paragraph (a) (i) of
this clause, legislation by the Commonwealth Parliament and the
South Australian Parliament authorising the construction and the
administration, maintenance and operation by the Commission of a
railway in accordance with the provisions of this agreement,
including that part of the urban sector of the Railway that will
be constructed on land which is owned by the Transport Authority,
a State Authority or the Crown in right of the State and which
pursuant to this agreement is to be transferred or granted to the
Commission;
(c) legislation by the South Australian Parliament discharging
the Transport Authority or any State Authority or the State from
any liabilities and obligations incurred in connection with the
carrying out and execution of the railway work under the Railway
Construction Agreement and to which the Commission becomes
subject by virtue of clause 28;
(d) legislation of the Commonwealth Parliament making the
Commission subject to the liabilities and obligations to which
the Commission is to become subject by virtue of clause 28;
(e) legislation by the Commonwealth Parliament and of the South
Australian Parliament under which an action or proceeding in
respect of land or other property that vests in the Commission in
accordance with the provisions of this agreement shall be
continued by or against the Commission;
(f) legislation by the South Australian Parliament giving to
the Commonwealth, in so far as that Parliament has not already
done so consent to the construction by the Commonwealth or the
Commission of the Railway; and
(g) legislation by the South Australian Parliament referring to
the Commonwealth Parliament in so far as the South Australian
Parliament has not already done so the matter of the
administration, maintenance and operation by the Commonwealth or
the Commission of the Railway.

PART III - THE RAILWAY CONSTRUCTION AGREEMENT
TERMINATION AND FINANCIAL ADJUSTMENTS
7. (1) The Railway Construction Agreement is hereby determined
to the intent that the rights and obligations of the parties
thereunder, including any rights or liabilities arising out of
the operation of, or by reason of the non-fulfilment of, the
provisions thereof, shall be discharged by the coming into force
of the legislation of the Commonwealth and State Parliaments
referred to in clause 6.
(2) Sub-clause (1) shall not, except as is agreed expressly or
by necessary implication between the parties by virtue of this
agreement or as may be provided by legislation of the respective
Parliaments, prejudice or in any way affect the validity or
operation of any act or thing done or suffered by the parties and
their respective authorities and instrumentalities under or by
virtue of the Railway Construction Agreement or the legislation
by which that agreement was approved.
(3) Without prejudice to the generality of sub-clauses (1) and
(2), the State is relieved from all and any obligations to make
repayments of, or to pay interest in respect of, payments by way
of financial assistance that were made by the Commonwealth to the
State in accordance with the Railway Construction Agreement.
8. The Commonwealth shall as soon as reasonably practicable and
in any event within six calendar months next following the
operative date refund to the State the sum of an amount equal to
the total of the payments inclusive of the interest paid thereon
that were made by the State to the Commonwealth under the Railway
Construction Agreement.
9. (1) The accounts and records relating to the carrying out
and execution of the railway works provided for by the Railway
Construction Agreement and the receipt and expenditure of moneys
under and for the purposes of that Agreement up to the day
immediately preceding the operative date shall be subject to
audit.
(2) The audit shall be carried out, and a report on the audit
furnished to the Commonwealth Minister and to the State Minister,
in such manner and form as is arranged between the respective
Auditors-General of the Commonwealth and of the State having
regard to the previous audits that have been carried out with
respect to the operation of the Railway Construction Agreement.
PART IV - THE RAILWAY AND RAILWAY WORK
10. (1) The Commission shall construct with all reasonable
expedition a standard gauge railway along the routes set out in
Part 1 and 2 of the First Schedule and subject to effect being
given to clause 13, Part 3 of the First Schedule.
(2) For the purposes of sub-clause (1), the Commission will
commence such construction as soon as reasonably practicable and
thereafter proceed with such construction until completion of the
Railway.
11. The Commission may, subject to the consent of the State
Minister, make such deviations in the non-urban sector (in
addition to those provided for in Part 1 of the First Schedule)
as may be necessary or desirable for the better construction,
administration, maintenance and operation of the Railway over
that route.
12. The construction of the Railway shall consist of and
require the performance of the railway work set out in Part 1 of
the Second Schedule and, if effect is given to clause 13, the
railway work set out in Part 2 of that Schedule.
13. If at any time after the operative date the Commonwealth
Minister and the State Minister so agree and declare in writing,
the route set out in Part 3 of the First Schedule or any
variation thereof set out in such declaration shall be added to
the route of the Railway as part of the urban sector and the
railway work set out in Part 2 of the Second Schedule shall be
included in the railway work for the purposes of this agreement.
14. (1) The Commission shall ensure that the railway work is
carried out and executed with minimum disruption and disturbance
to the operations and property of the Transport Authority.
(2) Where the railway work on the urban sector affects the day
to day operations of the Transport Authority, the Commission and
the Transport Authority shall make arrangements between them for
its execution to that extent and if and to the extent that
agreement as to such arrangements cannot be reached such dispute
shall be determined by arbitration.
15. The Commission shall not be liable to the Transport
Authority for or in respect of any disruption or disturbance
necessarily or unavoidably caused by or arising out of the
carrying out or execution of the railway work according to an
arrangement made or determined pursuant to sub-clause 14 (2).
16. The State and the Transport Authority shall take all
reasonable and appropriate action to ensure that the carrying out
and execution of the railway work is not impeded.
17. (1) The railway work to be carried out on the urban sector
may be varied at any time to the extent that such variation is
approved in writing by the State Minister.
(2) The railway work to be carried out in the non-urban sector
may be varied at any time to the extent that such variation is
approved in writing by the Commonwealth Minister.
18. (1) As from the operative date until the giving of a
certificate pursuant to clause 22 the Commission shall be
entitled to enter upon the land referred to in Part 1 of the
Third Schedule and if effect is given to clause 13 the land
referred to in Part 2 of the Third Schedule and to use
installations and to carry out work and operations thereon for
the purpose of the construction of and the administration,
maintenance and operation of the Railway and for all other
purposes of this agreement.
(2) The Commission shall indemnify and keep indemnified the
Transport Authority, the State Authorities and the State and
their servants and agents against all injury, damage or loss
(whether to persons or to property) arising from the Commission
entering land pursuant to sub-clause (1) and using installations
and carrying out works and operations thereon for the purposes of
this agreement except to the extent that any such injury, damage
or loss shall have been caused by the negligence act or default
or misconduct on the part of the Transport Authority, any State
Authority or the State their servants and agents.
19. Any re-siting or relocation of the facilities used by the
Transport Authority, any State Authority or the State made
necessary during the construction of the Railway shall be carried
out by the Transport Authority, the particular State Authority or
the State, the reasonable cost thereof being borne by the
Commission, provided that any dispute as to the necessity for and
the extent of such re-siting or relocation or the cost thereof
shall be determined by arbitration.
PART V - VESTING AND USE OF LAND
20. (1) The Commission shall be entitled to the right, title
and interest of the Transport Authority, any State Authority and
the Crown in right of the State in the land described in Part 1
of the Third Schedule upon the giving of a certificate pursuant
to clause 22 to the extent that such land is embodied therein.
(2) If effect is given to clause 13 the Commission shall be
entitled to the right, title and interest of the Transport
Authority any State Authority, and the Crown in right of the
State in the land described in Part 2 of the Third Schedule upon
the giving of a certificate pursuant to clause 22 to the extent
that such land is embodied therein.
(3) Nothing in this agreement shall require the Transport
Authority, any State Authority or the State to acquire
compulsorily any land for the purposes of the Railway.
21. (1) The land referred to in Part 1 of the Third Schedule
and, if effect is given to clause 13, the land referred to in
Part 2 of the Third Schedule shall as soon as practicable
following the operative date or the operation of clause 13, as
the case may be, be surveyed and delineated in detail by the
Commission.
(2) In the event and to the extent that either the Commission,
the Transport Authority, any State Authority or the State are
unable to agree upon the survey and delineation of any land
referred to in Part 1 or Part 2 of the Third Schedule, the survey
and delineation of such land as is in dispute shall be determined
by arbitration having regard to the land that is reasonably and
necessarily required by the Commission for the purposes of this
agreement.
22. (1) Upon completion of the survey and delineation of the
land referred to in Part 1 of the Third Schedule or any part
thereof pursuant to clause 21, a description of such land so
surveyed and delineated shall be embodied in a certificate or
certificates which shall be signed by the Commonwealth Minister
and by the State Minister respectively or their duly appointed
delegates.
(2) Upon completion of the survey and delineation of the land
referred to in Part 2 of the Third Schedule or any part thereof
pursuant to clause 21, a description of such land so surveyed and
delineated shall be embodied in a certificate or certificates
which shall be signed by the Commonwealth Minister and by the
State Minister respectively or their duly appointed delegates.
23. (1) The State will grant to the Commission, free of charge,
an estate in fee simple without reservation of minerals and
unlimited as to depth, in any Crown lands in the non-urban sector
that are certified by the Commonwealth Minister or his delegate
to be required, and which are in fact required, for or in
connection with the construction, extension, administration,
maintenance or operation of the non-urban sector of the Railway
including any leased lands of the Crown which have become Crown
lands by virtue of -
(a) the surrender by the lessees of their estates in the land
to the Crown; or
(b) the surrender of those estates to the Crown after they have
been acquired by the Commission,
and if there is a dispute as to whether the quantity of land so
certified is reasonably required the matter shall be determined
by arbitration.
(2) The State will also grant to the Commission free of charge
any stone, soil and gravel in or on any Crown lands or lands
leased by the Crown in the non-urban sector from which the State
has a right to take the same, that are certified by the
Commonwealth Minister or his delegate to be required, and are in
fact required, for or in connection with the construction,
extension, maintenance or operation of the Railway.
(3) The removal of any stone, soil or gravel referred to in
sub-clause (2) for the purposes set out therein by the Commission
shall be subject to the Commission complying at its own cost with
all reasonable requirements of the State in relation to the
method of extraction from, renovation and reinstatement of the
relevant land, in default whereof any such renovation or
restitution may be carried out by the State at the expense of the
Commission.
(4) For the purposes of this clause "Crown lands"has the same
meaning as in the Crown Lands Act 1929-1978 of the State.
24. The Commission will at its expense arrange for such surveys
as it considers necessary in respect of the carrying out and
execution of the railway work and the Transport Authority will
give reasonable assistance to the Commission in the carrying out
of such surveys.
25. (1) The Commission will not use the land vested in the
Commission pursuant to this agreement for other than railway
purposes without the approval of the State Minister.
(2) The Commission will transfer to the State free of charge
the land which is vested in the Commission pursuant to this
agreement and is no longer required for railway purposes.
26. (1) The Commission shall be entitled to such rights of way
and other easements over, and to such rights of entry on and use
of, land of the Transport Authority, any State Authority or the
State as are reasonably required for or in connection with the
carrying out or execution of the railway work and the
administration, maintenance or operation of the Railway.
(2) The Transport Authority, any State Authority or the State
shall be entitled to such rights of way and other easements over,
and to such rights of entry on and use of, land of the Commission
within the urban sector as are reasonably required for or in
connection with their functions.
(3) If the Commission, the Transport Authority, any State
Authority or the State are not able to agree upon the entitlement
of the Commission, the Transport Authority any State Authority or
the State, as the case may be, to any rights sought under this
clause or upon the terms upon which the Commission, the Transport
Authority, any State Authority or the State, as the case may be,
are entitled to exercise any such rights, the question or matters
not so agreed shall be determined by arbitration.

PART VI - VESTING OF PROPERTY
27. The Commission shall on the operative date be entitled as
beneficial owner to the goods, equipment, fixtures and other
property arising from the performance of the Railway Construction
Agreement specified in the Fourth Schedule.
28. The entitlement of the Commission to the property referred
to in clause 27 shall be subject to the rights and claims of
persons or authorities other than the Transport Authority, any
State Authority or the State in and in respect of that property
and the Commission shall assume and shall be responsible for
meeting as appropriate such liabilities or obligations as exist
by virtue of, or arise out of those rights and claims.
PART VII - ARRANGEMENTS FOR RAILWAY OPERATION
29. (1) The Commission and the Transport Authority shall make
such arrangements as are requisite and appropriate to be made
between them for the administration, maintenance and operation of
the Railway as contemplated by this agreement with particular
regard to the co-ordination of operations with the railway
operations of the Transport Authority and the rights of the
Commission, where so required, to cross, or to operate along, the
Transport Authority lines.
(2) If at any time the Commission and the Transport Authority
are not able to agree upon arrangements to be made under this
clause, the need for provisions or appropriate arrangements shall
be determined by arbitration.
30. The Commission and the Transport Authority shall have the
right to run their rolling stock over the railways of each other
within the urban sector, subject to reasonable terms and
conditions to be agreed between them, including a term or
condition relating to the apportionment of costs, and failing
agreement the matter shall be referred to arbitration.
PART VIII - MISCELLANEOUS
31. (1) Where a reference to arbitration is provided for in
this agreement the matter under reference shall be determined, as
soon as practicable, by an independent arbitrator to be appointed
by the Commonwealth Minister and the State Minister jointly, in
default whereof, by the Chairman for the time being of Railways
of Australia or, in case the Chairman thereof shall be a member
or officer of the Commission, the Deputy Chairman.
(2) Any question, difference, dispute or disagreement referred
to arbitration hereunder shall be deemed to be a submission to
arbitration within the meaning of the Arbitration Act 1891-1974
of the State provided that the provisions of section 24 a thereof
shall not apply.
32. This agreement shall not, except as it expressly provides
or as necessarily results from the performance of its provisions,
affect the operation of the Railway Transfer Agreement and the
Railway shall not be a railway for the purposes of the operation
of the provisions of that Agreement.
THE SCHEDULES
FIRST SCHEDULE - THE RAILWAY ROUTE
PART 1 - NON-URBAN SECTOR
Commencing at the existing boundary of the State Transport
Authority and the Australian National Railways as provided under
the Railway Transfer Agreement a standard gauge line will be
provided generally along the alignment of the existing Australian
National Railways Salisbury to Port Pirie broad gauge line
running generally northerly to a point south of Merriton
approximately 184 km from the Adelaide Railway Station, excepting
at those locations designated in the Second Schedule, Part 1,
clause 4 where minor deviations will occur for the purpose of
alignment improvement; thence continuing generally northerly on a
new alignment to connect with the existing Sydney to Perth
standard gauge line in the vicinity of Crystal Brook.
PART 2 - URBAN SECTOR
A. MAIN LINE
From a new passenger terminal located near the Keswick Station
area a standard gauge line will be provided to the northern
outlet of Mile End Goods Yard and continue along the alignment of
the existing State Transport Authority broad gauge Down Freight
main and Down Gaol Loop to Wye Junction; thence continuing
generally northerly on the western side of the State Transport
Authority Adelaide to Gawler lines to cross at grade the State
Transport Authority Adelaide to Outer Harbor broad gauge lines;
thence continuing to pass west of North Adelaide station after
closure of the station yard; thence continuing generally west of
the Gawler lines to the vicinity of Regency Road Islington;
thence generally west of the existing State Transport Authority
land to cross at grade the existing State Transport Authority
broad gauge Dry Creek to Port Adelaide line to enter the southern
end of Dry Creek marshalling yard; thence continuing through Dry
Creek yard on the western side of the existing broad gauge and
new standard gauge facilities; thence continuing from the
northern end of Dry Creek yard at a point approximately 400
metres south of Greenfields station on an alignment generally
west of the existing State Transport Authority land to
Greenfields station; thence generally west of the existing
Adelaide to Gawler lines to pass west of Salisbury Station;
thence continuing to connect with the existing Adelaide to Port
Pirie line; thence generally along the alignment of the existing
Port Pirie line to the existing boundary of the State Transport
Authority and the Australian National Railways as provided under
the Railway Transfer Agreement.
B. BRANCH LINES
1. Dry Creek to Gillman and Port Adelaide
A standard gauge connection will be provided from the southern
end of Dry Creek marshalling yard along the alignment of the
existing State Transport Authority broad gauge line to Gillman
marshalling yard with provision for extension to the Outer Harbor
area; thence continuing in a generally north-westerly direction
to the existing Australian National Railways broad gauge sidings
at the Eastern Parade, Port Adelaide, crossing; thence connection
to selected industrial premises and terminals.
2. Dry Creek to Pooraka
A standard gauge connection will be provided from within the
new Dry Creek standard gauge marshalling yard crossing at grade
the existing State Transport Authority broad gauge Adelaide to
Gawler lines at a point approximately 850 metres north of the
Port Wakefield Road bridge; thence continuing southwesterly
between the Up Gawler line and the Dry Creek stockyards; thence
on the alignment of the eastern leg of the existing broad gauge
triangle; thence generally on an alignment north of the existing
State Transport Authority broad gauge Northfield line to
terminate in the Pooraka Station Yard sidings. Standard gauge
connections to selected industrial and abattoir premises will be
provided crossing at grade the existing State Transport Authority
broad gauge Northfield line where necessary.
C. SIDING CONNECTIONS
1. Dry Creek Yard
A standard gauge connection will be provided to the Dry Creek
goods yard and commercial area in the vicinity of the Dry Creek
station along the alignment of the north-western leg of the
existing broad gauge triangle and its continuation crossing at
grade the existing State Transport Authority broad gauge
Northfield line in the vicinity of the south-western corner of
the triangle.
2. Dry Creek Yard, North End
A crossing loop will be provided parallel to the standard gauge
main line from a point approximately 400 metres south of
Greenfields Station northwards to provide a minimum standing room
of 1,800 metres.
3. Islington Freight Terminal
A new standard gauge freight terminal with limited broad gauge
access and provision for future development will be constructed
on Crown Land reserved for railway purposes on the former
Islington Sewage Farm with standard gauge access only from the
new standard gauge main line at the northern end and broad and
standard gauge access from the existing State Transport Authority
Adelaide to Gawler lines and the new Adelaide to Crystal Brook
standard gauge line respectively at the southern end.
4. Broad Gauge Connection - Penfield to Bolivar
A broad gauge connection to the existing Metro Meat Ltd sidings
at Bolivar will be maintained by the provision of a new siding
track commencing from the State Transport Authority broad gauge
Penfield Branch line at the northern end of the Penfield sidings
and continuing northerly located on the eastern side of the
existing broad gauge Adelaide to Port Pirie line to the existing
boundary of the State Transport Authority and the Australian
National Railways as provided under the Railway Transfer
Agreement.
PART 3 - OUTER HARBOR CONNECTION
Commencing at Gillman Yard "D" Cabin a new standard gauge line
will be provided along the alignment of the existing State
Transport Authority broad gauge Rosewater loop line to Port
Adelaide "A" Cabin junction; thence continuing along the
alignment of the existing State Transport Authority Up and Down
broad gauge Adelaide to Outer Harbor lines to a point between
Bargs North and Draper stations approximately 16.80 km from
Adelaide Railway Station; thence continuing generally
north-easterly to cross Victoria Road, Largs North, at a point on
the western boundary of Section 387, Hundred of Port Adelaide,
approximately 50 metres south of the boundary of Sections 387 and
427, Hundred of Port Adelaide; thence continuing generally
easterly through Part Block 4, Harbors Board Reserve adjacent to
its southern boundary to connect with the existing Australian
National Railways broad gauge railway tracks serving the Port
Adelaide River frontage and Outer Harbor areas; thence continuing
northerly to terminate at the Outer Harbor berths.

SECOND SCHEDULE - THE RAILWAY WORK
PART 1 - THE MAIN LINE, BRANCH LINES AND SIDING CONNECTIONS
The railway work to which this agreement relates shall be:
1. the conversion to standard gauge of the existing State
Transport Authority broad gauge Down Freight Main and Down Gaol
Loop between the northern outlet of the Mile End Goods yard and
Wye Junction, Adelaide;
2. the construction of a new standard gauge railway line
approximately 19 kilometres long from Wye Junction, Adelaide to a
point approximately 250 metres north of Salisbury station, on the
route described in the First Schedule, Part 2A, to connect with
the existing Adelaide to Port Pirie line;
3. the conversion of the existing Adelaide to Port Pirie broad
gauge railway to standard gauge from a point approximately 250
metres north of Salisbury station to a point approximately 184
kilometres from the Adelaide railway station (approximately 2.5
kilometres south of Merriton) with the exception of minor
deviations for alignment improvement as described in Clause 4
following;
4. the realignment of the existing Adelaide to Port Pirie line
at the following approximate distances from the Adelaide Railway
Station and maximum distances from the existing Australian
National Railways reserve, and where impractical to do otherwise
the provision of new formation earthworks, minor bridgeworks and
railway track:
Between 37.08 km and 37.73 km, near Virginia, 20 metres
westwards
Between 41.40 km and 42.88 km, near Two Wells, 20 metres
eastwards
Between 43.74 and 44.95 km, at Two Wells, 20 metres eastwards
Between 59.54 km and 60.80 km, at Mallala, 30 metres westwards
Between 74.60 km and 75.45 km, at Long Plains, 70 metres
eastwards
Between 98.60 km and 102.00 km, at Bowmans, 800 metres
westwards
Between 103.15 km and 104.20 km, near Bowmans, 35 metres
westwards
Between 118.38 km and 118.91 km, at Nantawarra, 10 metres
eastwards
Between 142.00 km and 144.04 km, at Snowtown, 50 metres
westwards
Between 170.14 km and 172.20 km, at Redhill, 20 metres
eastwards
final distances being subject to survey and design;
5. the construction of a new standard gauge railway line
approximately 12 kilometres long on a new alignment from a point
approximately 2.5 kilometres south of Merriton to run generally
northerly to connect with the existing Sydney to Perth standard
gauge railway in the vicinity of Crystal Brook with a junction to
provide for rail movements to and from Adelaide in both easterly
and westerly directions;
6. the provision of crossing loops of 1,800 metres minimum
standing room at Bolivar, Two Wells, Long Plains, Bowmans,
Nantawarra, Snowtown, Redhill, Rocky River and Warnertown;
7. the provision of a standard gauge railway connection between
Dry Creek and Port Adelaide by the conversion to mixed broad and
standard gauge of the existing State Transport Authority broad
gauge railway line between Dry Creek and Gillman Yard and
construction of a mixed broad and standard gauge railway line
between Gillman Yard and Port Adelaide industrial sidings and
terminals;
8. the construction of a mixed broad and standard gauge railway
connection between Dry Creek and Pooraka;
9. the construction of a new passenger terminal and servicing
facilities at Mile End (Keswick);
10. the provision of standard gauge railway connections to
serve industry at Mile End;
11. the construction of a new freight terminal on former Sewage
Farm land at Islington;
12. the rationalisation of standard gauge facilities at Port
Pirie;
13. the connection of standard gauge to selected private
sidings;
14. the conversion of such rolling stock as is necessary for
the effective operation of the standard gauge railway between
Mile End and Crystal Brook;
15. the alteration or relocation of such State Transport
Authority railway lines and facilities as necessary to construct
the railway as defined;
16. the closure and removal of redundant broad gauge line
between Bumbunga and Lochiel and such other broad gauge sidings
and facilities rendered redundant;
17. such other work as is necessary to provide for the
effective operation of the standard gauge railway between Mile
End and Crystal Brook and the continuation of existing broad
gauge services and facilities on the urban sector.
PART 2 - OUTER HARBOR CONNECTION
The railway work shall be:
1. the provision of a standard gauge railway connection between
Gillman Yard "D" Cabin and Port Adelaide "A" Cabin junctions by
the conversion to mixed broad and standard gauge of the existing
State Transport Authority broad gauge Rosewater loop Line
approximately 3 kilometres long;
2. the provision of a standard gauge railway connection between
Port Adelaide "A" Cabin junction and a point between Largs North
and Draper stations by the conversion to mixed broad and standard
gauge of the existing Up and Down Adelaide to Outer Harbor broad
gauge lines approximately 6.0 kilometres long;
3. the construction of a new mixed broad and standard gauge
railway line approximately 2.3 kilometres long from a point
between Largs North and Draper to connect with the existing
Australian National Railways broad gauge tracks serving the Port
Adelaide River frontage;
4. the conversion to mixed broad and standard gauge of the
existing broad gauge shunt main lines northwards from the
connection point referred to in paragraph 3 above for
approximately 3 kilometres to terminate at the Outer Harbor
berths;
5. the connection of standard gauge to the Pelican Point
container berths and other selected private sidings; and
6. such other work as is necessary to provide for the effective
operation of the standard gauge railway between Gillman Yard and
Outer Harbor and the continuation of existing broad gauge
services and facilities on the Alberton to Outer Harbor railway.
THIRD SCHEDULE: LAND
PART 1 - URBAN SECTOR OTHER THAN OUTER HARBOR CONNECTION
The land coloured blue and green in sections 1, 2 and 3 of the
Plan entitled "ADELAIDE - CRYSTAL BROOK, STANDARD GAUGE PROJECT -
LAND REQUIREMENTS - URBAN SECTOR" exhibited with and identified
for the purposes of this agreement.
PART 2 - OUTER HARBOR CONNECTION
The land coloured blue and green in section 4 of the Plan
referred to in Part 1 of this Schedule.
FOURTH SCHEDULE: OTHER ASSETS
(A) Assets Acquired under the Railway Construction Agreement
Book Value at 31 December 1979
Signalling Equipment $324,500.00
Rolling Stock Materials 952,000.00
Completed Rolling Stock 475,000.00
Switch and Crossing Units 160,700.00
53 kg Rail 1,593,000.00
Land at: Crystal Brook 13,800.00
: Virginia 13,500.00
Houses at: Ovingham 16,000.00
: Redhill 2,000.00
Material in Track -
Snowtown to Wallaroo 18,900.00
Improvements at Mile End Yard 5,000.00
Plant and vehicles 30,000.00
$3,604,400.00
(B) Reports Drawings and other Documentation Acquired under the
Railway Construction Agreement, resulting from the following
expenditures:
(i) Engineering and Survey Consultancy Fees
$1,281,500.00
(ii) Engineering, accounting, administration and other
miscellaneous expenditure 1,158,883.09
$2,440,383.09
(C) Cash balance $ 569,977.45
IN WITNESS WHEREOF this agreement has been executed as at the
day and year first above written.
SIGNED on behalf of THE COMMONWEALTH OF AUSTRALIA by the
Honourable JOHN ELDEN McLEAY Minister of State for Administrative
Services acting for and on behalf of the Minister of State for
Transport in the presence of: -
J.E. McLEAY
E.L. CUMMINS
Signed on behalf of THE STATE OF SOUTH AUSTRALIA by the
Honourable MICHAEL MINELL WILSON, Minister of Transport in the
presence of: -
MICHAEL WILSON
R. BURNETT