South Australian Current Acts South Australian Current ActsAN AGREEMENT made the twenty-first day of May, One thousand nine hundred and
seventy-five between the COMMONWEALTH OF AUSTRALIA (in this agreement called
"Australia") of the one part and THE STATE OF SOUTH AUSTRALIA (in this
agreement called "the State") of the other part.
WHEREAS:—
(a) Provision is made
by paragraphs (xxxiii) and (xxxiv) of section 51 of the Commonwealth of
Australia Constitution for the Parliament of Australia to make laws with
respect to the acquisition, with the consent of a State, of any railways of
the State on terms arranged between Australia and the State and for railway
construction and extension in any State with the consent of that State.
(b) The railways of
the State both metropolitan and non-metropolitan are vested in, and are
operated by, the South Australian Railways Commissioner pursuant to the South
Australian Railways Commissioner's Act 1936 as amended, subject to
control and direction by the State Transport Authority pursuant to the State
Transport Authority Act 1974.
(c) Australia and the
State desire—
(i)
that pursuant to paragraph (xxxiii) of section 51 of the
Constitution the non-metropolitan railways shall be acquired on the first day
of July 1975 by Australia, with the consent of the State, on the terms
contained in this agreement to the intent that on that date the
non-metropolitan railways shall be vested in the Australian National Railways
Commission;
(ii)
that the State Transport Authority and the South
Australian Railways Commissioner shall administer, maintain and operate the
non-metropolitan railways in accordance with the provisions of this agreement
until a date to be declared;
and
(iii)
that the Australian National Railways Commission shall
assume full administration maintenance and control of the non-metropolitan
railways on the declared date.
NOW IT IS HEREBY AGREED as follows:—
PART I—PRELIMINARY
1. Interpretation
(1) In this agreement,
unless the contrary intention appears—
"arbitration" means arbitration pursuant to clause 23;
"Australian National Railways" means the railways of the Commission;
"clause" means a clause of this agreement;
"commencement date" means the first day of July 1975;
"declared date" means the date to be declared as provided in clause 14;
"interim period" means the period beginning on the commencement date and
ending on the day immediately preceding the declared date;
"interest", in relation to land, means—
(a) a legal or
equitable estate or interest in the land; or
(b) a right, power or
privilege over, or in connection with, the land;
"land" includes an interest in land;
"metropolitan area" means the area of the State delineated by the Commonwealth
Statistician for the purposes of a census taken in the year 1971 as the
Adelaide Statistical Division together with, or subject to, any extensions or
reductions of that area from time to time agreed by the parties;
"non-metropolitan area" means all areas of the State other than the
metropolitan area;
"metropolitan railways" means the railways of the S.A.R. Commissioner, the
lines of which railways are referred to in the First Schedule, but does not
include the railways, the land of which railways is referred to in clause 5;
"non-metropolitan railways" means all railways of the S.A.R. Commissioner
other than the metropolitan railways and includes the railways, the land of
which railways is referred to in clause 5;
"party" means a party to this agreement and "the parties" means the two
parties to this agreement;
"railways" includes all land, railway lines, bridges, culverts, wharves,
buildings, structures, roads, depot and barrack facilities for employees,
facilities for storage, servicing and maintenance of rolling stock,
signalling, road protection and communication facilities, cranes,
weighbridges, locomotives, wagons, carriages, and other rolling stock and
vehicles, including road and shunting vehicles, machinery, plant, equipment,
tools, and other works, matters and things used, associated, or connected with
or appurtenant to the railway system vested in the S.A.R. Commissioner;
"schedule" means a schedule to this agreement;
"services" means services, including freight and passenger road services, that
are principally or mainly incidental or supplementary to, or are principally
or mainly operated in association with, the non-metropolitan railways;
"the Australian Minister" means the Minister who has for the time being the
administration of the Australian Railways Act;
"the Australian Railways Act" means the Australian National Railways
Act 1917-1975;
"the Australian Superannuation Fund" means the fund established under the
Superannuation Act 1922 as amended or any fund established by any Act
substituted for that Act;
"the Commission" means the Australian National Railways Commission, being the
body corporate established by the Australian Railways Act;
"the S.A.R. Commissioner" means the South Australian Railways Commissioner,
being the body corporate constituted by the S.A. Railways Act;
"the S.A. Railways Act" means the South Australian Railways Commissioner's
Act 1936 as amended;
"the State Authorities" means the Transport Authority and the S.A.R.
Commissioner;
"the State Minister" means the Minister who has for the time being the
administration of the S.A. Railways Act and the State Transport Authority
Act 1974 as amended;
"the State Superannuation Fund" means the South Australian Superannuation Fund
continued in existence under the Superannuation Act 1974 as amended of
the State;
"the Transport Authority" means the State Transport Authority, being the body
corporate constituted by the State Transport Authority Act 1974 as
amended.
(2) Where in this
agreement a Minister is referred to, the reference shall be deemed to include
any other Minister of the Australian Government or of the State Government, as
the case may be, who is for the time being acting for or on behalf of the
relevant Minister.
(3) Where in this
agreement an Act, or an Act as amended, is referred to, the reference shall
mean that Act as amended from time to time, and any Act substituted for that
Act and, where appropriate or necessary, shall include all regulations,
by-laws and proclamations from time to time made under the Act or the
substituted Act, as the case may be.
(4) Headings and
marginal notes in this agreement shall not affect its meaning.
2. Approving and implementing legislation and
consents
(1) This agreement,
other than this clause, shall have no force or effect until the Prime Minister
of Australia and the Premier of the State have jointly certified that the
Parliament of Australia and the Parliament of the State have enacted such
legislation as is necessary to enable this agreement to enter into force,
whether or not that legislation has come into operation.
(2) The parties will
take all practicable steps to seek the enactment, as soon as possible, of
legislation as follows:
(a) legislation by the
Parliament of Australia and the Parliament of the State 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)
vesting in the Commission on the commencement date the
land (other than land not within the State) and other property, to which the
Australian Commission is entitled under this agreement;
(ii)
authorising and requiring Australia, 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;
(iii)
providing to the effect that a joint certificate given by
the Australian Minister and the State Minister, or their respective delegates,
that the right, title and interest of the State or the State Authorities in
the land referred to in the certificate vested in the Commission under
legislation enacted pursuant to this agreement is conclusive evidence that
such right, title and interest so vested;
(iv)
providing to the effect that a joint certificate given by
the Australian Minister and the State Minister, or their respective delegates,
in relation to any matters not referred to in subparagraph (iii) arising under
the legislation or this agreement is admissible in evidence in any action or
proceeding, and shall be prima facie evidence of the matters stated in the
certificate for the purposes of such action or proceeding; and
(iv)
authorising the making of regulations or by-laws that are
necessary or convenient for carrying out or giving effect to this agreement
and to the legislation for the implementation of this agreement;
(b) legislation by the
Parliament of the State to the effect that the laws of the State that, but for
this agreement, would have applied at any time during the interim period to
and in relation to the administration, maintenance and operation of the
non-metropolitan railways or services have the effect, and shall be deemed to
be expressed to have the effect, in relation to the administration,
maintenance and operation, of those railways or services that they would have
if this agreement had not been made;
(c) legislation by the
Parliament of Australia to the effect that—
(i)
to the extent that the laws of the State referred to in
paragraph (b) of this sub-clause as purporting to have the effect referred to
in that paragraph by virtue of legislation of the State enacted in accordance
with that paragraph, cannot, by reason of section 52 of the Constitution, have
that effect as laws of the State, the provisions of those laws shall have that
effect by virtue of, and in accordance with, the
Commonwealth Places (Application of Laws) Act 1970 as amended of the
Parliament of Australia;
(ii)
it is the intention of the Parliament of Australia that
nothing contained in a law of Australia shall prevent any law of the State
from having effect, as a law of the State, as referred to in paragraph
(b) of this sub-clause; and
(iii)
paragraph (a) of sub-section (2) of section 4 of the
Commonwealth Places (Application of Laws) Act 1970 as amended does not
apply in relation to the application of laws of the State in accordance with
sub-paragraph (i) of this paragraph;
(d) legislation by the
Parliament of the State discharging the State Authorities on and after the
declared date from all liabilities and obligations incurred in connection with
the administration, maintenance and operation of the non-metropolitan railways
before the declared date to the extent that those liabilities and obligations
have not been discharged before that date;
(e) legislation by the
Parliament of Australia making the Commission subject on and after the
declared date to all the liabilities and obligations to which paragraph (d) of
this sub-clause relates, and requiring the substitution of the Commission for
the State or the State Authorities, or any of them, in any action or
proceeding pending at the declared date in respect of such liabilities or
obligations;
(f) legislation by the
Parliament of Australia and the Parliament of the State under which an action
or proceeding in respect of land or other property that vests in the
Australian Commission pursuant to this agreement shall be instituted or
continued during the interim period by or against the State or the State
Authorities as if that land or other property had not so vested, and that on
and from the declared date any such action or proceeding that is not completed
shall be continued by or against the Australian Commission;
(g) legislation by the
Parliament of the State giving the Commission a general power to administer,
maintain and operate in the State railways constructed by Australia or the
Commission with the consent of the State or acquired by Australia or the
Commission and any services that are incidental, or supplementary to, or are
operated in association with, such railways;
(h) legislation by the
Parliament of the State giving a general consent to the construction of
railways by Australia or the Commission both in the non-metropolitan area and
in the metropolitan area but, in the case of the metropolitan area, only to
the extent that those railways are constructed—
(i)
in the areas described in the Second Schedule; or
(ii)
as sidings or crossing loops connected to a
non-metropolitan railway; and
(j) legislation by the
Parliament of the State referring to the Parliament of Australia the matter of
the administration, maintenance and operation in the State of the railways and
services vested in the Commission pursuant to this agreement, of any railways
constructed or extended by Australia or the Commission in the State with the
consent of the State and of any services principally or mainly incidental or
supplementary to, or principally or mainly associated with, those last
mentioned railways.
(3) The parties will
take all practicable steps to obtain any necessary consents of the States of
New South Wales and Victoria to enable this agreement to be implemented.
3. Urban railways
Nothing in this agreement shall prevent the construction, extension,
administration, maintenance and operation by the State or a State Authority of
a passenger railway system within an urban area outside the metropolitan area.
4. Compliance with agreement
Each party, so far as its power extends, will provide for and secure
compliance with this agreement in accordance with the legislation by which it
is approved and is to be implemented.
PART II—TRANSFER AND INTERIM ADMINISTRATION, MAINTENANCE AND OPERATION
OF NON-METROPOLITAN RAILWAYS
5. Assets and liabilities
(1) In consideration
of the financial arrangements between the parties contained in this
agreement—
(a) the Commission
shall on the commencement date be entitled to the right, title and interest of
the State Authorities and the Crown in right of the State in—
(i)
all land used exclusively for the purposes of the
non-metropolitan railways and services;
(ii)
the land described in the Second Schedule, whether or not
such land is used exclusively for the purposes of the non-metropolitan
railways;
and
(iii)
all minerals in the land referred to in sub-paragraphs
(i) and (ii) of this paragraph in so far as the minerals are part of land of
the Crown in right of the State or part of land vested in the State
Authorities for an estate in fee simple,
and in every case referred to in sub-paragraphs (i) (ii) and (iii) of this
paragraph without any limitations as to depth;
(iv)
the land in the State of New South Wales referred to in
the Third Schedule, subject to the reservations and limitations specified in
the Certificates of Title to that land;
and
(v)
the leasehold land in the State of Victoria referred to
in the Fourth Schedule;
(b) the Commission
shall, on the commencement date, be entitled to the right, title and interest
of the S.A.R. Commissioner in—
(i)
all rolling stock, vehicles, plant, machinery and general
equipment used exclusively for the purposes of the non-metropolitan railways
and services;
and
(ii)
in the case of any items used partly for the purpose of
non-metropolitan railways and services, such of those items as shall be
apportioned on an equitable basis by agreement between the parties;
(c) on the
commencement date—
(i)
the current assets, being all other property, rights and
interest (whether contractual or non-contractual), including cash in hand or
in bank, and the current liabilities in respect of the metropolitan and
non-metropolitan railways and services as will be recorded in the balance
sheet relating to those railways as at the thirtieth day of June 1975
(compiled in a manner similar to the balance sheet for the financial year
ended on the thirtieth day of June 1974) will be apportioned between those
railways on an equitable basis to be agreed between the Treasurer of Australia
and the Treasurer of the State;
(ii)
the Commission shall be entitled to such of those current
assets as are apportioned in respect of the non-metropolitan railways and
services, and will accept responsibility for such of those current liabilities
as are apportioned in respect of those railways and services; and
(iii)
if there are any contractual or non-contractual rights
and interests, and things in action, not included in the balance sheet
referred to in sub-paragraph (i) of this paragraph the Commission shall be
entitled to such of those rights, interest and things in action as relate
solely to the non-metropolitan railways and services, and such of those
rights, interests and things in action as relate to both the metropolitan
railways and the non-metropolitan railways shall be apportioned on an
equitable basis to be agreed between the Treasurer of Australia and the
Treasurer of the State, and the Commission shall be entitled to such of those
rights, interests and things in action as are apportioned to the
non-metropolitan railways and services.
(2) If land is owned
by the Crown in right of the State or by either of the State Authorities and
is used or held for use for both the metropolitan railways and the
non-metropolitan railways, the State Authorities will permit the Commission to
use and enjoy such land on reasonable terms and conditions (but not to the
extent that the land becomes a place acquired by Australia for public
purposes) and failing agreement the matter shall be determined by arbitration.
6. Interim administration maintenance and
operation of railways
The State Authorities will, during the interim period, so far as they lawfully
may, by virtue of the legislation to be enacted pursuant to this agreement
continue to administer, maintain and operate the non-metropolitan railways and
services, but in so doing will comply with any directions of the Commission.
7. Standards of operation
The non-metropolitan railways shall be operated, on and after the commencement
date, in accordance with standards in all respects at least equal to those
obtaining at the date of this agreement, and the Commission will pursue a
program of improvements which it considers to be economically desirable to
ensure standards of service and facilities at least equivalent, in general, to
those at any time current in respect of the remainder of the Australian
National Railways and the railways of States other than South Australia.
8. Rates and charges
(1) The Commission
will ensure that, in general, fares, freight rates and other charges in
respect of the non-metropolitan railways and services shall be maintained, on
and after the commencement date, at levels not less favourable to users than
those levels generally applying on the railways of States other than South
Australia and where, in general, fares, freight rates and other charges at the
commencement date have established a relative advantage to the users, that
advantage shall not be diminished.
(2) Passenger
concessions that exist in respect of the non-metropolitan railways at the date
of this agreement shall continue after the declared date so far as they
lawfully may do so.
(3) The State will
reimburse the Commission the reasonable cost to the Commission as agreed
between the parties, of the passenger concessions continued pursuant to
sub-clause (2).
(4) Failing agreement
on any matter to which this clause relates it shall be determined by
arbitration.
9. Line closures and reductions in services
(1) The Australian
Minister will obtain the prior agreement of the State Minister to—
(a) any proposal for
the closure of a railway line of the non-metropolitan railways; or
(b) the reduction in
the level of effectively demanded services on the non-metropolitan railways,
and failing agreement on any of these matters the dispute shall be determined
by arbitration.
(2) The arbitrator
shall, in addition to the factors referred to in sub-clause (2) of clause 23,
take into account the level of public demand and the need for the railway line
and services referred to in sub-clause (1) of this clause.
10. State representation on the Commission
(1) The State shall be
entitled to nominate a representative from time to time as a part-time
Commissioner of the Commission during two consecutive terms each of five years
as from the commencement date.
(2) The Australian
Minister will ensure that a person who is nominated by the State for the
purposes of sub-clause (1) and is acceptable to the Australian Minister is
appointed as a part-time Commissioner of the Commission in accordance with the
provisions of the Australian Railways Act.
11. Additional provisions regarding land and
minerals
(1) The State or the
S.A.R. Commissioner or the Transport Authority, as appropriate, will, as soon
as practicable after the commencement date, execute a transfer or assignment
to the Commission of the land to which the Commission shall be entitled under
this agreement and which is not within the State, and will take all necessary
action to procure any necessary registration of the transfer or assignment.
(2) The State will
grant to Australia or the Commission, free of charge, an estate in fee simple,
without reservation of minerals and unlimited as to depth, in any Crown lands
that are certified by the Australian Minister or his delegate to be required
for or in connection with the construction, extension, administration,
maintenance or operation of any new or existing railways of the Commission,
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 Australia or the
Commission,
and if there is a dispute as to whether the quantity of land so certified is
reasonable the matter shall be determined by arbitration.
(3) The State will
also grant to Australia or the Commission, free of charge, any stone, soil,
and gravel in or on any Crown lands or lands leased by the Crown from which
the State has a right to take the same, that are certified by the Australian
Minister or his delegate to be required for or in connection with the
construction, extension, maintenance or operation of any new or existing
railways of Australia or the Commission in the non-metropolitan area.
(4) For the purposes
of this clause "Crown lands" has the same meaning as in the
Crown Lands Act 1929 as amended of the State.
(5) The Commission
will arrange for such surveys as they consider necessary in respect of land
comprised in the non-metropolitan railways, and the State Authorities will
give reasonable assistance to the Commission in the carrying out of the
surveys.
(6) The Commission
will not use the land and minerals within the State to be vested in the
Commission pursuant to this agreement for other than railways purposes without
the approval of the State Minister.
(7) The State
Authorities will give to the Commission the right of first refusal in respect
of a grant or transfer of any other land vested in the State or the State
Authorities for the purposes of the non-metropolitan railways and services,
and not currently used for railways purposes on the same terms and conditions
as those on which it was acquired by the State or a State Authority or
Instrumentality whichever was the earlier acquisition.
(8) The Commission
will transfer to the State free of charge land within the State which is
vested in the Commission pursuant to this agreement and is no longer required
for railways purposes.
12. Reciprocal transit rights
The Commission and the State Authorities shall have the right to run their
rolling stock over the railways of each other subject to reasonable terms and
conditions, to be agreed between them, including a term or condition relating
to apportionment of costs, and failing agreement the matter shall be
determined by arbitration.
13. Services associated with non-metropolitan
railways
(1) The land and other
property, rights and interests (whether contractual or non-contractual), and
things in action, to which the Commission shall be entitled under this
agreement on the commencement date, and the liabilities to which the
Commission shall become subject pursuant to this agreement and the legislation
to be enacted in accordance with this agreement, shall include the land and
other property, rights and interests (whether contractual or non-contractual)
and things in action, and liabilities, as the case may be, of the State
Authorities in or in relation to the services in respect of the
non-metropolitan railways.
(2) Nothing in this
clause shall operate to restrict the introduction of new freight or passenger
road services or the extension of those freight or passenger road services
which exist on the commencement date by Australia, the Commission, the State
or the State Authorities.
(3) The Commission
will, as a matter of policy, act in conformity with the relevant State
legislation affecting the operation of the passenger road services, except
where there is a conflict between the law of Australia and the law of the
State, in which case the provisions of the law of Australia shall prevail.
(4) If in addition to
the passenger road services Australia or the Commission require a new
passenger road service for which the approval of the Transport Authority of
the State would be required by any person proposing to operate a similar
service, then Australia or the Commission will apply to the Transport
Authority for approval to operate the service, and if any such application is
refused the matter may be referred by Australia or the Commission for
determination by arbitration.
(5) Australia or the
Commission shall not be liable to pay any fees, taxes or other charges in
respect of the application or approval referred to in sub-clause (4) or in
connection with the operation of the road services referred to in this clause.
PART III—EMPLOYMENT
14. Declared date
(1) The Australian
Minister and the State Minister will, as soon as practicable after the
commencement date, by notice in writing in the Australian Government Gazette
declare a date to be the declared date.
(2) If either the
Australian Minister or the State Minister so requests, the Ministers will
forthwith consult together for the purposes of agreeing upon the earliest
practicable date that may be declared under sub-clause (1).
(3) If the Australian
Minister and the State Minister are not able to agree in consultations in
accordance with sub-clause (2) upon a date to be the declared date, the date
shall be determined by arbitration.
15. Transfer of staff
On the declared date the Commission will appoint as officers, or engage as
employees, all persons employed on the South Australian Railways immediately
before that date who consent to be so appointed or engaged.
16. Work on metropolitan railways
On and after the declared date the Commission will, so far as is practicable,
make available to the State Authorities, on such terms and conditions as are
agreed between them, the services of such numbers of employees of the
Commission (as from time to time agreed between the Australian Minister and
the State Minister) as are, consistent with any rule, practice, award or
industrial agreement, applicable or relating to the Commission, required, for
the administration, maintenance and operation of the metropolitan railways.
17. Level of employment
The Australian Minister will obtain the prior agreement of the State Minister
to the implementation of any proposals for reducing, by reason of redundancy,
the general level of employment at railway workshops to be vested in the
Commission pursuant to this agreement, and failing agreement the matter shall
be determined by arbitration.
PART IV—FINANCIAL ARRANGEMENTS
18. Payment
Australia will pay to the State the sum of Ten million dollars ($10,000,000)
before the commencement date subject to this agreement coming into force.
19. Debts and liabilities
On the commencement date—
(a) the debt specified
in the Sixth Schedule shall be taken over from the State by Australia to the
intent and effect that—
(i)
on and from that date the State shall be completely freed
and discharged from all liability, whether in respect of principal, interest,
sinking fund contribution or otherwise, which liability shall, as between
Australia and the State and for all other purposes, be assumed by Australia;
and
(ii)
this provision shall not affect the obligations of the
State in relation to the payment of sinking fund contributions in the year
ending on the thirtieth day of June 1976 under the Financial Agreement between
Australia and the States; and
(b) the State shall be
completely freed and discharged from all liability in respect of payments of
interest and repayments falling due after the commencement date in respect of
loans for non-metropolitan railways and works made under the agreements in the
Schedule of each of the following Acts:—
Railway Standardisation (South Australia) Agreement Act 1949;
Railway Equipment Agreement (South Australia) Act 1961; and
Railway Agreement (New South Wales and South Australia) Act 1968.
20. Revenue and costs of operation of railways
Subject to the provisions of this clause, during the interim period—
(a) the State shall be
entitled to receive the revenue from the operation of the non-metropolitan
railways and services and will bear the costs of the administration,
maintenance and operation of those railways and services, excluding from those
costs the charges relating to the debt in respect of which the State will be
freed and discharged pursuant to clause 19;
(b) the Commission
shall be entitled to receive any surplus of revenue over the costs ascertained
in accordance with paragraph (a) of this clause and shall bear any excess of
those costs over revenue;
(c) for the purposes
of determining costs of the administration, maintenance, and operation of both
the metropolitan railways and the non-metropolitan railways and services,
costs common to both railways and services shall be apportioned on a basis to
be agreed between the Treasurer of Australia and the Treasurer of the State;
(d) any revenue common
to the operation of both such railways shall be apportioned on a basis to be
agreed between those Treasurers; and
(e) payments made by
the State Authorities in respect of long service leave, sick leave, workmen's
compensation and employer contributions towards superannuation shall continue
to be charged as current expenditure and shall be taken into account for the
purpose of ascertaining the costs of administration, maintenance and operation
of the non-metropolitan railways and services.
21. Transfer of investments to Australian
Superannuation Fund etc.
The State will, in respect of contributions made by employees to the South
Australian Superannuation Fund to be transferred to the Commission pursuant to
this agreement, transfer appropriate investments to the Australian
Superannuation Fund to be agreed between the parties, the Superannuation Board
of Australia, or any substituted body, and the Superannuation Board of the
State in accordance with the following principles—
(a) The investments
transferred shall be related to an equitable division of the total investments
of the State Superannuation Fund; and
(b) the object of the
transfer will be to disadvantage neither the State employees to be
transferred, nor the contributors to the Australian Superannuation Fund or the
State Fund.
22. Accounts information etc.
(1) The State
Authorities will, during the interim period, keep such financial and other
records regarding the administration, maintenance and operation of both the
metropolitan railways and the non-metropolitan railways, and have carried out
by the State Auditor-General such audits as Australia shall reasonably
require.
(2) The State
Authorities will, both during and after the interim period, permit access by
Australia or the Commission to or give or deliver to Australia or the
Commission, as the case may be, such financial and other reports, estimates,
accounts and other records, documents and information regarding—
(a) the
administration, maintenance and operation of non-metropolitan railways and
services; and
(b) the
administration, maintenance and operation of the metropolitan railways where
the subject matter is relevant to the non-metropolitan railways,
when and in such manner as Australia or the Commission shall reasonably
require.
(3) The Commission
will, both during and after the interim period permit access by the State or
the State Authorities to, or give or deliver to the State, or the State
Authorities, as the case may be, such financial and other reports, estimates,
accounts and other records, documents and information regarding the
administration, maintenance and operation of the non-metropolitan railways
where the subject matter is relevant to the metropolitan railways when and in
such manner as the State or the State Authorities shall reasonably require.
PART V—MISCELLANEOUS
23.
(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
acceptable to Australia and the State.
(2) The arbitrator
shall in his deliberations take into account, amongst other things, economic,
social and community factors.
(3) The arbitrator
shall not perform his functions as an arbitrator under any law relating to
arbitration but shall act as an independent expert or adjudicator.
FIRST SCHEDULE—METROPOLITAN RAILWAYS
(Clause 1)
1. The double track
line from Adelaide passenger station to Outer Harbour.
Single track branch lines from Woodville to Grange, from Woodville to
Finsbury, from Albert Park to Hendon and from Glanville to Semaphore.
2. Double track line
from Adelaide passenger station to Brighton, Marino and Christie Downs.
Single track branch line from Tonsley Junction to Tonsley.
3. Double track line
from Adelaide passenger station to Belair.
4. Double track line
from Adelaide passenger station to Gawler.
Single track branch line from Gawler to North Gawler.
Double track branch line from Salisbury to Penfield branch.
Single track branch line from Salisbury North to General Motors Holden at
Elizabeth.
Single track branch line from Dry Creek to Northfield.
Single track branch line from Dry Creek to Port Adelaide Dock Station.
SECOND SCHEDULE—PARTICULAR LAND TO VEST IN THE COMMISSION
(Clause 5)
Mile End Freight Terminal
All that land known as Mile End Goods Yard contained within the following
area: Commencing on the eastern boundary of Railway Terrace at its
intersection with the northern boundary of West Beach Road thence northerly
along the eastern boundary of Railway Terrace to its intersection with the
northern boundary of Hilton Road thence westerly along the northern boundary
of Hilton Road to its intersection with the south eastern boundary of Railway
Terrace thence north easterly along the south eastern boundary of Railway
Terrace to its intersection with the southern boundary of Glover Road thence
easterly along the southern boundary of Glover Road to a point three metres
west of the centre of the track known as the 'up south suburban' and
continuing to a point one metre north of the northern edge of the passenger
platform at Mile End Station thence by lines generally westerly, southerly and
easterly distant one metre north, west and south respectively of the edge of
the platform to a point three metres west of the centre of the aforesaid 'up
south suburban' track and then southerly along a line three metres to the west
of the 'up south suburban' track until a point is reached where the adjacent
track in the goods yard is closer than six metres between the centre of that
track and the centre of the 'up south suburban' track and from which point the
boundary shall be exactly central between the two tracks until a point south
of Hilton Road where the goods track will deviate more than six metres between
the centre of that track and the centre of the 'up south suburban' track and
from which point the boundary shall be three metres west of the centre of the
aforesaid 'up south suburban' track continuing to the northern edge of the
passenger platform at Keswick Passenger Station and then continuing along the
northern and western edges of the platform to a point on the northern boundary
of the Anzac Highway thence generally westerly along the northern boundaries
of Anzac Highway and West Beach Road to the point of commencement.
Islington Workshops
All that land known as the Islington Workshops being those portions of
Sections 379, 380, 381 and 382 Hundred of Yatala bounded by a line commencing
at the intersection of the western boundary of Churchill Road and the northern
boundary of Regency Road to its intersection with the production of the
western fence alignment of Islington Workshops thence northerly by the said
production of the western fence alignment of the aforesaid fence and thence
northerly along the said fence to the southern fence line of the cottages
facing Carroll Avenue thence easterly along that southern fence to the
intersection of that fence line with the western fence line of the cottages
facing Churchill Road thence southerly along that fence line to its southern
extremity thence easterly along the southern fence line of the southern most
cottage to its intersection with the western boundary of Churchill Road thence
southerly along the western boundary of Churchill Road to the point of
commencement.
Islington Goods Yard
All that land known as the Islington Goods Yard bounded by a line commencing
at the intersection of the western boundary of Churchill Road and the southern
boundary of Regency Road and thence southerly along the western boundary of
Churchill Road to the southern boundary of Section 776 Hundred of Yatala
thence westerly along the said boundary to a point equidistant from the centre
of the 'up main north line' and the centre of the most westerly siding of the
Islington Goods Yard thence northerly along a line equidistant from the said
two lines until the distance between the centres of the said lines is six
metres and the lines are diverging. From this point thence by a line northerly
to a point on the southern boundary of Regency Road eleven metres east of the
centre of the 'up main north line' thence easterly along the southern boundary
of Regency Road to the point of commencement.
Dry Creek Marshalling Yard
All that land known as the Dry Creek Marshalling Yard bounded by a line
commencing at a point on the north western boundary of railway land one
hundred metres due south of the southern boundary of High Street Dry Creek
thence north easterly along the said north western boundary of railway land
for the full length of the Dry Creek Marshalling Yard to the production of the
common boundary of sections 2241 and 2244 Hundred of Yatala thence south
easterly along the said production of the common boundary of sections 2241 and
2244 Hundred of Yatala to a point distant three metres north westerly from the
centre line of the 'down main north line' thence south westerly a distance
three metres from the centre line of the said 'down main north line' to a
point five hundred metres north east from the north eastern end of the 'down'
passenger platform at Dry Creek Station thence north westerly a distance of
seven metres thence south westerly a distance ten metres from the centre line
of the 'down main north line' to a point one hundred metres due south of the
production of the southern boundary of High Street Dry Creek thence westerly
to the point of commencement.
Port Adelaide Sidings
All that land (used exclusively for the purpose of the non-metropolitan
railways) north from Bedford Street, Port Adelaide, extending to the northern
extremity of the railway from Port Adelaide Goods Yard.
Gillman Marshalling Yard and Siding to Finsbury
Industrial Area, Port Adelaide Goods Yard and Wharf and Industrial Sidings on
Le Fevre Peninsula
All that land (used exclusively for the purpose of the non-metropolitan
railways) being those parts of the areas known as Gillman Marshalling Yard and
Siding to Finsbury Industrial Area, Port Adelaide Goods Yard, and Wharf and
Industrial Sidings on Le Fevre Peninsula.
Together with all rights of way and other easements over any adjoining land of
the State or the State Authorities or any other Authority or Instrumentality
of the State which are necessary for the use and enjoyment of any land to
which the Commission is entitled under this agreement.
THIRD SCHEDULE—LAND IN THE STATE OF NEW SOUTH WALES
(Clause 5)
All of that land vested in the S.A.R. Commissioner pursuant to the Broken Hill
to South Australian Border Railway Agreement Act 1968-1969 of the State
of New South Wales and any other land in that State vested in the State or
State Authorities for the purpose of the non-metropolitan railways.
FOURTH SCHEDULE—LEASEHOLD LAND IN THE STATE OF VICTORIA
(Clause 5)
All that land at Serviceton leased by the Victorian Railways Commissioners to
the S.A.R. Commissioner.
FIFTH SCHEDULE—RAILWAYS SUBJECT TO TRANSIT RIGHTS
(Clause 12)
Adelaide Passenger Station
Adelaide-Outer Harbour Line
1. Where Australian
Railways' trains to and from Mile End around the Gaol Loop, cross the Outer
Harbour Line (near the Torrens Bridge).
2. Where Australian
Railways' trains from Gillman Yard join the Outer Harbour line to travel to
Glanville.
3. Where Australian
Railways' trains travel beyond Glanville to service facilities on the Le Fevre
Peninsula.
Adelaide-Belair Line
1. On all quadruple
tracks between Adelaide passenger station and Goodwood Junction.
2. Between Goodwood
Junction and Belair.
3. Between Mile End
South Junction and Goodwood Junction.
Adelaide-Gawler Junction
1. Between Adelaide
passenger Station and Gawler.
2. Between Gawler and
North Gawler.
3. Between Salisbury
North and General Motors Holden Elizabeth.
4. Between Dry Creek
and Northfield.
Islington
Where trains cross the main line to Gawler, leaving or entering Islington
workshops.
Dry Creek-Port Adelaide
Where trains travel on this line between Dry Creek and Port Adelaide, Gillman
Yard and Glanville.
SIXTH SCHEDULE—DEBTS TO BE TAKEN OVER BY AUSTRALIA
(Clause 19)
|
Interest Rate |
Maturity Date |
Amount (in Thousands of Dollars) |
|---|---|---|
|
8.20% |
May 1977 |
5,000 |
|
5.90% |
July 1977 |
6,000 |
|
5.00% |
May 1978 |
4,000 |
|
6.80% |
August 1979 |
6,000 |
|
5.70% |
February 1982 |
10,000 |
|
5.40% |
July 1983 |
3,000 |
|
8.30% |
October 1983 |
17,000 |
|
5.25% |
May 1985 |
20,000 |
|
5.25% |
July 1988 |
15,000 |
|
5.25% |
July 1989 |
3,000 |
|
6.70% |
July 1991 |
8,000 |
|
6.50% |
October 1993 |
5,000 |
|
7.00% |
February 2001 |
12,000 |
|
7.00% |
July 2005 |
10,000 |
| |
Total |
124,000 |
|
IN WITNESS WHEREOF this agreement has been executed on behalf of the parties
respectively as at the day and year first above written. | ||
|
SIGNED by the Honourable EDWARD GOUGH WHITLAM, A. ROSE |
} |
E.G. WHITLAM |
|
SIGNED by the Honourable DONALD ALLAN DUNSTAN, W. VOYZEY |
} |
D.A. DUNSTAN |