Commonwealth Consolidated Acts

NORTHERN TERRITORY ACCEPTANCE ACT 1910 - SCHEDULE

AGREEMENT made the seventh day of December One thousand nine hundred and seven BETWEEN THE COMMONWEALTH OF AUSTRALIA (hereinafter referred to as the Commonwealth) of the one part and THE STATE OF SOUTH AUSTRALIA (hereinafter referred to as the State) of the other part WITNESSETH that subject as hereinafter mentioned to the approval of the Parliaments of the said Commonwealth and the said State and for the mutual considerations hereinafter appearing IT IS HEREBY AGREED that the State shall on the terms and conditions hereinafter appearing surrender to the Commonwealth the Northern Territory and shall sell and transfer to the Commonwealth the Port Augusta Railway and shall permit the Commonwealth to construct or cause to be constructed in South Australia proper the railways hereinafter mentioned to the northern and western boundaries of South Australia proper from any points on the Port Augusta Railway and shall permit the Commonwealth to maintain and work the said railways when so acquired and constructed.

THE TERMS AND CONDITIONS of this Agreement are as follows:

  (1)   The Commonwealth in consideration of the surrender of the Northern Territory and property of the State therein and the grant of the rights hereinafter mentioned to acquire and to construct railways in South Australia proper shall--

  (a)   Be responsible for the indebtedness of the State in respect of the Northern Territory as from the date of acceptance of such surrender and shall relieve the State from the said indebtedness in the following manner:

  I   By annually reimbursing the State the amount of the annual interest paid by it in connexion with the loans in respect of the Northern Territory; by paying annually into a Commonwealth Sinking Fund the amounts the State has undertaken to pay into such a fund in connexion with the said loans; and by paying and redeeming at or before maturity the said loans.

  II   By paying the amount of the deficit (or Advance account) in respect of the Northern Territory to the said State in such manner as may be agreed upon. If the amount cannot be agreed upon it shall be determined by arbitration.

  (b)   Construct or cause to be constructed a railway line from Port Darwin southwards to a point on the northern boundary of South Australia proper (which railway with the railway from a point on the Port Augusta Railway to connect therewith is hereinafter referred to as The Transcontinental Railway).

  (c)   At the time of such surrender acquire from the State at the price and on the terms hereinafter mentioned the Port Augusta Railway including the lands now used for and reserved for such railway together with all stations and other buildings sidings wharfs and other accessories used in connexion with the working of the said railway except the railway carriages trucks and other moveable plant and rolling - stock.

  (d)   Construct or cause to be constructed as part of the Transcontinental Railway a railway from a point on the Port Augusta Railway to connect with the other part of the Transcontinental Railway at a point on the northern boundary of South Australia proper.

  (e)   Pay the price of the said Port Augusta Railway by becoming responsible on the date of the sale and transfer thereof to the Commonwealth for the amount of the loans raised by the State for the purpose of constructing the said railway and used therefor and by annually reimbursing the State the interest payable thereon and by paying annually into a Commonwealth Sinking Fund the amounts the State has undertaken to pay into such a fund in connexion with the said loans until the said loans are paid and redeemed by the Commonwealth as or before they become due.

  (f)   Give and continue to give to the State and its citizens equal facilities at least in transport of goods and passengers on the Port Augusta Railway to those provided by the State Government at the present time and at rates not exceeding those at present in force.

  (g)   Allow the State to connect any new railway hereafter constructed by the State in South Australia proper with any railways acquired or constructed by the Commonwealth in South Australia proper.

  (h)   Allow the State reasonable running powers and rights on such conditions as may be agreed upon or in default of agreement as may be determined by arbitration on all railways acquired or constructed by the Commonwealth in South Australia proper and (without limitation of the scope of such powers and rights) the use on such conditions as aforesaid of the stations yards buildings and other accessories at Quorn and Port Augusta and at the wharf at Port Augusta used in connexion with the working of the said railway but not so as to interfere with the proper control working and maintenance of the railways of the Commonwealth.

  (2)   The State in consideration of the covenants and agreements by the Commonwealth herein contained shall--

  (a)   Surrender to the Commonwealth the Northern Territory and without limitation of the effect of such general words such surrender shall include the railway from Port Darwin southwards known as "The Palmerston and Pine Creek Railway" and all the State's right title interest in and control of all State real and personal property and privileges in the Northern Territory (except moneys held by or on behalf of or to the credit of or due or accruing due to the State at the date of the acceptance of such surrender) whether held by or vested in the Crown or by or in any Commissioner authority or person or otherwise for State purposes.

  (b)   At the time of such surrender sell and transfer to the Commonwealth and consent to the acquisition by the Commonwealth of the Port Augusta Railway including the lands now used for and reserved for such railway together with all stations and other buildings sidings wharves and other accessories used in connexion with the working of the said railway except the railway carriages trucks and other movable plant and rolling - stock and shall authorize by legislation the Commonwealth to maintain and work such railway when so acquired. The price of such railway shall be the cost of construction of the railway and stations and wharves and other buildings and accessories used therewith (including the cost of resumptions) without interest added but shall not include any expenditure on maintenance works. If the cost of construction cannot be agreed upon such cost shall be determined by arbitration.

  (c)   At the time of such surrender authorize by legislation the Commonwealth to do all that is necessary to enable the Commonwealth to make surveys acquire the necessary lands and to construct or cause to be constructed a railway in South Australia proper from any point on the Port Augusta Railway to a point on the northern boundary line of South Australia proper to connect with that part of the Transcontinental Railway to be built in the Northern Territory from Port Darwin southwards to the northern boundary of South Australia proper and to maintain and work such railway when constructed; and to get all timber ballast and other material necessary for such construction in South Australia proper by paying compensation in accordance with the provisions of the State Acts at present in force payable by the State when constructing State railways.

  (d)   At the time of such surrender authorize by legislation the Commonwealth, in the same way and to the same extent as in the last preceding sub - clause mentioned to do all that is necessary to enable the Commonwealth to construct or cause to be constructed a railway westerly from any point on the Port Augusta Railway through South Australia proper to any point on the western boundary line of South Australia proper by a route to be determined by the Parliament of the Commonwealth and to maintain and work such railway when constructed.

  (e)   At the time of such surrender authorize by legislation the Commonwealth for the purpose of constructing the said railways to exercise at least all the powers and privileges held by the State in the Railway Construction Acts at present in force in the State of South Australia as if the railways referred to were being constructed by the State.

  (3)   In consideration of the Commonwealth becoming responsible for the indebtedness of the State in respect of the Northern Territory in manner before mentioned the State hereby releases the Commonwealth from the liability imposed by the Commonwealth of Australia Constitution Act on the Commonwealth to compensate the State for any State properties within such Northern Territory vested in the Commonwealth in connexion with any departments of the State transferred to the Commonwealth under the provisions of the said Constitution.

  (4)   This Agreement shall not in any way be binding until and unless approved by the respective Parliaments of the Commonwealth and the State and legislation is passed enabling the Commonwealth and the State to legally carry out the aforesaid surrender and acceptance of the Northern Territory and the Parliament of the State has consented to the acquisition by the Commonwealth of the Port Augusta Railway and to the construction by the Commonwealth of the other railways in South Australia proper mentioned in this Agreement on the terms hereinbefore mentioned.

  (5)   When any dispute or matter authorized or directed by this Agreement to be settled by arbitration shall have arisen then unless the parties hereto concur in the appointment of a single arbitrator such matter shall be referred for decision to two arbitrators one to be appointed by the Prime Minister for the time being of the Commonwealth and one by the Premier for the time being of the State and such arbitration shall be subject as nearly as practicable to the laws relating to arbitration in force in the State.

DEFINITIONS

In this Agreement unless the contrary intention appears--

"The Northern Territory" means so much of the State of South Australia as lies to the northward of the twenty - sixth parallel of south latitude and between the one hundred and twenty ninth and one hundred and thirty - eighth degrees of east longitude together with the bays and gulfs therein and all and every the islands adjacent to any part of the mainland within such limits as aforesaid with their rights members and appurtenances.

"The Palmerston and Pine Creek Railway" means the railway authorized to be made and maintained pursuant to the " Palmerston and Pine Creek Railway Act 1883 ."

"The Port Augusta Railway" means the railway from Port Augusta to Oodnadatta authorized to be made and maintained pursuant to Acts No.   26 of 1876: No.   226 of 1881: No.   281 of 1883: and No.   413 of 1887.

"South Australia Proper" means South Australia not including the Northern Territory .

IN WITNESS whereof the Honourable Alfred Deakin (Prime Minister of the Commonwealth of Australia) for and on behalf of the said Commonwealth and the Honourable Thomas Price (Premier of the State of South Australia) for and on behalf of the said State have hereunto set their hands and seals the day and year first above written.

SIGNED SEALED AND DELIVERED
by the above - named ALFRED DEAKIN
in the presence of--           (L.S.) ALFRED DEAKIN.

  LITTLETON E. GROOM.

SIGNED SEALED AND DELIVERED by the
above - named THOMAS PRICE
in the presence of--           (L.S.) THOMAS PRICE.

  LAURENCE O'LOUGHLIN.

Notes to the Northern Territory Acceptance Act 1910

Note 1

The Northern Territory Acceptance Act 1910 as shown in this compilation comprises Act No.   20, 1910 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 30   June 1997 is not included in this compilation. For subsequent information see Table A.

Table of Acts

(a)   The Northern Territory Acceptance Act 1910 was amended by Schedule   4 (item   8) only of the Australian National Railways Commission Sale Act 1997 , subsection 2(5) of which provides as follows:

  (5)   The remaining items of Schedule   3 and Schedule   4 commence on a day to be fixed by Proclamation. The day must not be earlier than the later of the day proclaimed for the purposes of subsection   ( 2) and the day proclaimed for the purposes of subsection   ( 3).

Table of Amendments

Note 2

The Schedule--The Agreement set forth in the Schedule has been varied by a further Agreement which is set forth in the Schedule to the Northern Territory Acceptance Act 1919 . A reprint of the Northern Territory Acceptance Act 1919 is published separately.

Table A

Application, saving or transitional provisions

Australian National Railways Commission Sale Act 1997 (No.   96, 1997)

Schedule   4

9   Transitional--agreement

After the commencement of this item, the Northern Territory Acceptance Act 1910 applies as if paragraphs   ( 1)(g) and (h) of the Agreement set out in the Schedule to that Act were omitted.

Acts Interpretation Amendment Act 2011 (No.   46, 2011)

Schedule   3

10   Saving--appointments

The amendments made by Schedule   2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.

11   Transitional regulations

The Governor - General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules   1 and 2.