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RAILWAY AGREEMENT (ADELAIDE TO CRYSTAL BROOK RAILWAY) ACT 1980 No. 123, 1980 - SCHEDULE
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 Government 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 therin 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 mission 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)
Part 3) -Urban Sector
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;l 55030 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 ority 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 marshall- ing 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 Largs North and Draper stations approximately 16.80km 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 Drawing 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) J. E. McLEAY acting for and on behalf of the Minister
of State for Transport in the presence of:- )
E. L. CUMMINS SIGNED on behalf of THE STATE OF SOUTH AUSTRALIA by the
Honourable
MICHAEL MINELL WILSON, )MICHAEL WILSON Minister of Transport
in the presence of:- ) R. BURNETT
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