{"id":"non-metropolitan-railways-transfer-act-1997","name":"Non-Metropolitan Railways (Transfer) Act 1997","slug":"non-metropolitan-railways-transfer-act-1997","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106099,"registerId":"sa-non-metropolitan-railways-transfer-act-1997-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Non-Metropolitan Railways (Transfer) Act 1997","content":"South Australia\nNon-Metropolitan Railways (Transfer) Act 1997\nAn Act to provide for the implementation of a Commonwealth-State agreement relating to the privatisation of non-metropolitan railways; and for other purposes.\n\nContents\n1\tShort title\n3\tInterpretation\n4\tRailways Agreement\n5\tThe Ground Lease and Passenger Facilities Lease\n6\tVesting of land\n7\tMinisterial certificates\n8\tSeverance\n9\tExemption from rates and taxes\n10\tInteraction between this and other Acts\n11\tLiquor licensing exemption\n11A\tBuilding and development work regarded as complying\n11B\tReferral of power to the Commonwealth\nSchedule\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Non-Metropolitan Railways (Transfer) Act 1997.\n3—Interpretation\n\t(1)\tIn this Act—\nRailways Agreement means the agreement set out in the Schedule to this Act.\n\t(2)\tA word or expression used in this Act that is defined in the Railways Agreement has the same meaning in this Act as in the Railways Agreement unless the contrary intention appears.\n4—Railways Agreement\n\t(1)\tThe Minister's execution of the Railways Agreement on behalf of the State is authorised and ratified.\n\t(2)\tThe Railways Agreement is binding on the State.\n\t(3)\tThe Minister and other instrumentalities and agencies of the State are authorised and required to do anything necessary to give effect to the Railways Agreement.\n5—The Ground Lease and Passenger Facilities Lease\n\t(1)\tThe Minister is authorised to approve and enter into the Ground Lease and the Passenger Terminal Site Lease on behalf of the State.\n\t(2)\tThe Ground Lease and the Passenger Terminal Site Lease are, when executed on behalf of the State, binding on the State.\n\t(3)\tThe Minister must, within six sitting days after executing the Ground Lease or the Passenger Terminal Site Lease, have copies of the lease laid before Houses of Parliament.\n\t(4)\tThe Minister and other instrumentalities and agencies of the State are authorised and required to do anything necessary to give effect to the Ground Lease and the Passenger Terminal Site Lease.\n\t(5)\tThe Minister must not give consent on behalf of the State to the removal of Track Infrastructure in accordance with the terms of clause 9.1(f) or 9.2(e) of the Railways Agreement unless the Minister is satisfied that the Track Infrastructure is no longer required for the safe, efficient and effective use of the relevant railway line.\n\t(6)\tThe Minister must, as soon as practicable after giving a consent in the circumstances described in subsection (5), prepare a report on the matter and have copies of the report laid before both Houses of Parliament.\n6—Vesting of land\n\t(1)\tThe SAR Land and the Commonwealth Railways Land, when transferred to the State under the Railways Agreement, vests in the Minister for an estate of fee simple.\n\t(2)\tHowever, this section does not operate to extinguish the interests of a third party in the land.\n\t(3)\tThe Registrar-General must, on application by the Minister—\n\t(a)\tif land vested in the Minister under this Act has been brought under the Real Property Act 1886—register the Minister as the proprietor of an estate in fee simple in the land; or\n\t(b)\tif land vested in the Minister under this Act has not been brought under the Real Property Act 1886—bring the land under the provisions of that Act and register the Minister as the proprietor of an estate in fee simple in the land.\n\t(4)\tThe Minister must provide the Registrar-General with surveys and plans of land that is to be brought under the Real Property Act 1886 that the Registrar-General may reasonably require.\n\t(5)\tThe Crown Lands Act 1929 does not apply in relation to land vested in the Minister under this Act.\n7—Ministerial certificates\n\t(1)\tA Ministerial certificate will be accepted by all courts and administrative officials of the State as evidence of the matters to which the certificate relates.\n\t(2)\tA Ministerial certificate is a certificate signed by the Commonwealth Minister or the State Minister, or a delegate of the Commonwealth Minister or the State Minister—\n\t(a)\tidentifying real or personal property affected by the Railways Agreement; and\n\t(b)\tstating how the property is affected by the Railways Agreement or any transaction under that Agreement.\n8—Severance\nAny item of Track Infrastructure transferred under the Railways Agreement is taken to be severed from the land to which it is affixed so that it may be dealt with as personal property separate from the land.\n9—Exemption from rates and taxes\nFor a period of 5 years from the effective date of the Railways Agreement, land transferred under the Railways Agreement and used for the operation of a railway is exempt from—\n\t(a)\tland tax under the Land Tax Act 1936; and\n\t(b)\trates and other imposts under the Local Government Act 1934.\n10—Interaction between this and other Acts\n\t(1)\tThis Act (and the Railways Agreement) prevail to the extent of any inconsistency over the Railways (Transfer Agreement) Act 1975 and the Agreement approved under that Act.\n\t(2)\tThis Act (and the Railways Agreement) prevail to the extent of any inconsistency over the Tarcoola to Alice Springs Railway Agreement Act 1974 and the Agreement approved under that Act.\n11—Liquor licensing exemption\nFor 6 months after the grant of the Passenger Terminal Site Lease, the lessee may sell and supply liquor for purposes incidental to the provision of a passenger service without any licence or authorisation apart from this section.\n11A—Building and development work regarded as complying\nAll building and development work carried out on land transferred from the Commonwealth to the State pursuant to the Railways Agreement by or on behalf of Australian National Railways Commission, the Crown in right of the Commonwealth of Australia or the Crown in right of the State of South Australia before the commencement of this Act will be regarded as complying with the statutory and regulatory requirements applicable at the time the work was carried out.\n11B—Referral of power to the Commonwealth\n\t(1)\tFor the purposes of section 51 xxxvii of the Australian Constitution, the matter of the Commonwealth acquiring, holding, disposing of or dealing with shares in National Rail Corporation Limited when the Company engages in intra-State rail services in the State is referred to the Parliament of the Commonwealth.\n\t(2)\tHowever, the referral under subsection (1) ceases to have effect if the Memorandum of Association of National Rail Corporation Limited (contained in Schedule 1 of the Agreement set out in the schedule to the National Rail Corporation Agreement Act 1992 (Cwlth)) is amended so as to remove the requirement that the State must give its prior approval in writing to the company to carry on intra-State rail services in the State, or so as to remove the requirement that the prior approval of the State is required to amend or delete clause 3 or 4 of that Memorandum of Association.\nSchedule\nTHE COMMONWEALTH OF AUSTRALIA\n-and-\nTHE STATE OF SOUTH AUSTRALIA\nRAILWAYS AGREEMENT\nIN RELATION TO THE NON-METROPOLITAN RAILWAYS OF THE STATE OF SOUTH AUSTRALIA\nRAILWAYS AGREEMENT\nCONTENTS\n\nClause\n\n\n1\nINTERPRETATION\n\n1.1\nDefinitions\n\n1.2\nGeneral\n\n1.3\nSuccessor to Australian National\n\n1.4\nMinisterial Delegates\n\n1.5\nHeadings\n2\nENABLING LEGISLATION\n\n2.1\nCommonwealth Legislation\n\n2.2\nState Legislation\n3\nCONDITIONS\n\n3.1\nConditions Precedent\n\n3.2\nEffect of Non-Fulfilment\n\n3.3\nFulfilment by Waiver\n\n3.4\nObligation to Satisfy Conditions\n\n3.5\nExtent of Obligation to Fulfil Conditions\n\n3.6\nEffective Date\n4\nRAIL TRANSFER AGREEMENT\n\n4.1\nWaiver of Rights as from Effective Date\n\n4.2\nPreservation of Other Rights\n\n4.3\nWaiver of Reversionary Rights to AN House\n\n4.4\nCessation of Services by the Commonwealth\n\n4.5\nVariation of Tarcoola to Alice Springs Railway Agreement\n5\nTRANSFER OF RAILWAYS LAND\n\n5.1\nAgreement to Transfer\n\n5.2\nSatisfaction by Statutory Vesting\n\n5.3\nExtent of Interest in Railways Land\n\n5.4\nCertificates as to Railways Land\n\n5.5\nSubdivisions\n\n5.6\nTransfer of Subdivided Land\n6\nTRACK INFRASTRUCTURE\n\n6.1\nSeverance\n\n6.2\nInterstate Mainline Track and Other Land\n\n6.3\nTrack Infrastructure on Leigh Creek Line\n\n6.4\nTrack Infrastructure on South Eastern Lines\n7\nREMEDIATION PROGRAM\n\n7.1\nRemediation by the Commonwealth\n\n7.2\nNo Admission of Liability\n\n7.3\nCessation of Commonwealth Liability\n\n7.4\nCompletion of Remediation\n\n7.5\nDisputes\n8\nINDEMNITIES\n\n8.1\nLiabilities Associated with Land Ownership\n\n8.2\nCommonwealth Indemnity\n\n8.3\nState Indemnity\n\n8.4\nReduction of Liability\n\n8.5\nEmployee Liabilities\n9\nLEASES\n\n9.1\nGround Lease\n\n9.2\nPassenger Terminal Site Lease\n10\nPINNAROO LINE\n\n10.1\nCommonwealth to Undertake Standardisation\n\n10.2\nState Contribution\n11\nAMENDMENT\n\n11.1\nPower to Amend\n\n11.2\nAmendments to be Tabled in Parliaments\n\n11.3\nEffective Date of Amendments\n12\nGENERAL\n\n12.1\nNotices\n\n12.2\nGoverning law\n\n12.3\nWaiver\n\n12.4\nSeverability\n\n12.5\nCounterparts\n\n12.6\nFurther assurance\n\n12.7\nDisputes\nSCHEDULE 1\n\nAddress for Notices\nSCHEDULE 2\n\nExcluded Land\nSCHEDULE 3\n\nInterstate Mainline Track\nSCHEDULE 4\n\nTrack Infrastructure\nSCHEDULE 5\n\nLeigh Creek Line\nAGREEMENT made 30 June 1997\nBETWEEN:\n\t(1)\tTHE COMMONWEALTH OF AUSTRALIA; and\n\t(2)\tTHE STATE OF SOUTH AUSTRALIA.\nRECITALS:\n\tA.\tAustralian National and its predecessor in law the commonwealth Railways Commissioner has with the consent of the State acquired land in the State for the purpose of the construction and extension of railways in the State.\n\tB.\tPursuant to the Rail Transfer Agreement the right title and interest of the South Australian Railways Commissioner in all land in the State used for the non-metropolitan railways and services was with the consent of the State acquired by, and pursuant to the Railways Transfer Legislation vested in, Australian National.\n\tC.\tSince the declared date under the Rail Transfer Agreement, Australian National has administered, maintained and operated the non-metropolitan railways and services in the State.\n\tD.\tThe Commonwealth proposes on the Effective Date:\n\t(a)\tto vest in the State the Commonwealth Railways Land and the SAR Land (other than the Excluded Land);\n\t(b)\tto vest in SAGC the Track Infrastructure on the Leigh Creek Line;\n\t(c)\tto vest in the Freight Operator certain assets of Australian National used in connection with the non-metropolitan railways and services (other than land); and\n\t(d)\tto vest in the Passenger Operator those assets of Australian National (other than land) used in connection with the Passenger Services,\nand to complete the sale by public tender of the shares in the Freight Operator and the shares in the Passenger Operator.\n\tE.\tThe Commonwealth and the State have agreed to enter into this agreement for the purpose of:\n\t(a)\tvarying the Rail Transfer Agreement;\n\t(b)\tproviding for the transfer to the State of the SAR Land and the Commonwealth Railways Land (other than the Excluded Land);\n\t(c)\tproviding for the long term lease by the State to the Freight Operator of the Operational Railways Land and to the Passenger Operator of the Keswick Passenger Terminal Land,\nand for necessary and incidental matters.\nIT IS AGREED AS FOLLOWS:\nINTERPRETATION\n1.1\tDefinitions\nIn this agreement unless the context otherwise requires:\n\"Adelaide to Crystal Brook Railway Agreement\" means the agreement dated 11 August 1980 approved by the Railway Agreement (Adelaide to Crystal Brook) Act 1980 (Commonwealth) and the Railway Agreement (Adelaide to Crystal Brook) Act 1980 (South Australia);\n\"Australian National\" means Australian National Railways Commission a statutory corporation established under the Australian National Railways Act 1917 and continued in existence pursuant to the Australian National Railways Commission Act 1983;\n\"Bulk Handling Facilities\" has the meaning given to that expression in section 18a(4) of the Bulk Handling of Grain Act 1955 (South Australia) (each a \"Bulk Handling Facility\");\n\"Business Day\" means a day other than a weekend or public holiday in Sydney, Canberra and Adelaide;\n\"Commonwealth\" means the Commonwealth of Australia as a party to this agreement;\n\"Commonwealth Minister\" means the Minister of the Commonwealth for the time being having responsibility for administration of this agreement;\n\"Commonwealth Railways Land\" means the estate or interest of Australian National on the Effective Date in the land referred to in recital A (other than Excluded Land);\n\"Condition Satisfaction Date\" means the date which is six months after the date of this agreement (or such later date as the Commonwealth Minister and the State Minister or their respective delegates agree in writing);\n\"Contamination\" means affectations or degradation of land by the presence of any chemical substance (including without limitation any dangerous good, hazardous material, asbestos or any waste) where, having regard to the use of the land or of any other land in its vicinity, the chemical substance creates or may create a risk of harm to any person or to the environment;\n\"Effective Date\" means the date on which the Sale Agreement is completed (or such other date as the Commonwealth Minister and the State Minister or their respective delegates may agree in writing);\n\"Excluded Land\" means:\n\t(a)\tthe land described in the schedule 2;\n\t(b)\tany land in respect of which Australian National has entered into a contract for sale as at the date of this agreement; and\n\t(c)\tany other land certified by the Commonwealth Minister and the State Minister to be Excluded Land for the purposes of this agreement;\n\"Freight Operator\" means the person nominated as the Freight Operator for the purposes of this agreement by notice in writing from the Commonwealth Minister to the State Minister given at any time prior to the Effective Date;\n\"Ground Lease\" means a lease by the State to the Freight Operator of the Operational Railways Land containing (subject to clause 9.1) such terms and conditions as the Commonwealth and the State may agree;\n\"Interstate Mainline Track\" means the right title and interest of Australian National in, and its access transit or running rights over, the rail corridors carrying the interstate standard gauge railway line within the State comprising:\n\t(a)\tthe land granted, reserved or acquired for the construction of a railway or for railway purposes on each of the line sections specified in respect of that line section in column 1 of schedule 3 as authorised by and delineated in or pursuant to the instruments specified in column 2 of schedule 3 (or in any other relevant instrument modifying or varying such corridor); and\n\t(b)\tthe Track Infrastructure on or over the land referred to in (a) above;\nbut excluding any part of that land which is referred to in clause 5.5(b) upon its transfer to the State;\n\"Keswick Passenger Terminal Land\" means that part of the SAR Land which is used on the Effective Date in connection with the Passenger Services (being the land leased to the Passenger Operator pursuant to and more particularly described in the Passenger Terminal Site Lease);\n\"land\" includes:\n\t(a)\ta legal or equitable estate in land; and\n\t(b)\ta right, power or privilege over, or in connection with, land\nbut does not include Track Infrastructure severed from land as contemplated by clause 6.1;\n\"Leigh Creek Line\" means the right title and interest of Australian National in all land granted, reserved or acquired for the construction of the railway on the rail corridors specified in schedule 5 (or in any other relevant instrument modifying or varying such corridor) excluding any part of those corridors which constitutes Interstate Mainline Track;\n\"Loss or Claim\" means, in relation to any person, a damage, loss, cost, expense or liability incurred by the person or a claim, demand, action, proceeding or judgment made against the person, however arising and whether present or future, fixed or unascertained, actual or contingent;\n\"Operational Railways Land\" means that part of the SAR Land and Commonwealth Railways Land (other than the Leigh Creek Line) which is used on, or intended by the Freight Operator to be used after, the Effective Date in connection with the Railway Services (being the land to be leased to the Freight Operator pursuant to the Ground Lease);\n\"Passenger Terminal Site Lease\" means a lease by the State to the Passenger Operator of the Keswick Passenger Terminal Land containing (subject to clause 9.2) such terms and conditions as the Commonwealth and the State may agree;\n\"Passenger Operator\" means the person nominated as the Passenger Operator for the purposes of this agreement by notice in writing from the Commonwealth Minister to the State Minister given at any time prior to the Effective Date;\n\"Passenger Services\" means the passenger rail services known as the Indian Pacific, The Ghan and The Overland as operated by Australian National on the Effective Date;\n\"Property Identification Folder\" means the folder initialled by the parties for the purposes of identification and marked \"A\" containing copies of plans of the Excluded Land or parts thereof;\n\"Railway Services\" means services provided in association with the Operational Railways Land including the handling, storage and carriage of freight by rail (and incidentally by road), the storage, servicing and maintenance of rolling stock, the maintenance and replacement of Track Infrastructure and the maintenance and operation of signalling and communication equipment (but excluding the Passenger Services);\n\"Rail Transfer Agreement\" means the agreement dated 21 May 1975 a copy of which is set out in the schedule to the Railways Transfer Legislation;\n\"Railways Transfer Legislation\" means the Railways Agreement (South Australia) Act 1975 (Commonwealth) and the Railways (Transfer Agreement) Act 1975 (South Australia);\n\"Remediation Program\" means the program for the remediation of certain parcels of land to be transferred to the State under clause 5.1 identified as such by agreement in writing signed by the Commonwealth Minister and the State Minister or their respective delegates;\n\"SACBH\" means South Australian Co-operative Bulk Handling Limited (ACN 007 556 256) a company limited by guarantee;\n\"SAGC\" means SA Generation Corporation (trading as Optima Energy) a statutory authority established pursuant to the Electricity Corporations Act 1996 (SA);\n\"Sale Agreement\" means an agreement for the sale by the Commonwealth of its shares in the Freight Operator and the Passenger Operator (or if more than one, each such agreement);\n\"SAR Land\" means the estate or interest of Australian National on the Effective Date in the land referred to in recital B (other than Excluded Land);\n\"South Eastern Lines\" means the rail corridors carrying the broad gauge lines (including yards, sidings, crossing loops and goods loops) from Wolseley to Mount Gambier, Millicent to Mount Gambier and Mount Gambier to the Victorian border;\n\"the State\" means the Crown in right of the State of South Australia as a party to this agreement;\n\"State Minister\" means the Minister of the State for the time being having responsibility for administration of the Rail Safety Act 1996;\n\"Tarcoola to Alice Springs Railway Agreement\" means the agreement dated 10 April 1974 approved by the Tarcoola to Alice Springs Railway Act 1974 (Commonwealth) and the Tarcoola to Alice Springs Railway Act 1974 (South Australia);\n\"Track Infrastructure\" has the meaning given in schedule 4.\n1.2\tGeneral\nIn this agreement, unless the context otherwise requires:\n\t(a)\ta reference to any law or legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision;\n\t(b)\ta reference to a recital, clause or schedule is to a recital, clause or schedule in this agreement;\n\t(c)\ta reference to a person includes a corporation, partnership, joint venture, association, authority, trust, state or government;\n\t(d)\tthe singular includes the plural and vice versa;\n\t(e)\ta reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions) as amended, novated, supplemented or replaced from time to time; and\n\t(f)\ta reference to \"amendment\" includes addition, alteration, deletion, extension, modification and variation;\n1.3\tSuccessor to Australian National\nSubject to any law or regulation to the contrary, if Australian National is dissolved or otherwise ceases to exist, the rights and obligations of Australian National under this agreement will upon such dissolution become the rights and obligations of the Commonwealth, and all references to Australian National are to be read and construed as references to the Commonwealth.\n1.4\tMinisterial Delegates\nAny act, notice, instrument or agreement required or permitted to be performed, given or signed by the Commonwealth Minister or the State Minister may be performed, given or signed on their behalf by their respective delegates duly authorised in writing either generally or specifically to do so.\n1.5\tHeadings\nIn this agreement, headings are for convenience of reference only and do not affect interpretation.\nENABLING LEGISLATION\n2.1\tCommonwealth Legislation\nThe Commonwealth will take all practical steps to seek the enactment of legislation:\n\t(a)\tauthorising the Commonwealth Minister to approve and enter into this agreement on behalf of the Commonwealth;\n\t(b)\tauthorising the performance and observance of this agreement by the Commonwealth;\n\t(c)\tmaking such provision as is necessary or appropriate for the implementation by the Commonwealth of this agreement and the transactions contemplated by this agreement including provisions facilitating:\n\t(i)\tthe termination or variation of the Rail Transfer Agreement;\n\t(ii)\tthe vesting in the State the SAR Land and the Commonwealth Railways Land;\n\t(iii)\tthe vesting in SAGC the Track Infrastructure on the Leigh Creek Line; and\n\t(iv)\tthe issuing of certificates by the Commonwealth Minister and the State Minister or their respective delegates identifying the SAR Land or the Commonwealth Railways Land (or any part thereof).\n2.2\tState Legislation\nThe State will take all practical steps to seek the enactment of legislation:\n\t(a)\tauthorising the State Minister to approve and enter into this agreement on behalf of the State;\n\t(b)\tauthorising the performance and observance of this agreement by the State;\n\t(c)\tauthorising the State Minister to approve and enter into the Ground Lease and the Passenger Lease on behalf of the State;\n\t(d)\tauthorising the performance and observance by the State of the Ground Lease and the Passenger Lease;\n\t(e)\tgiving effect for the purposes of the laws of the State (including without limitation the Real Property Act 1886 and the Crown Lands Act 1929) to the transfer to the State of the legal estate in fee simple in the SAR Land and the Commonwealth Railways Land;\n\t(f)\tauthorising the registration of the Ground Lease and the Passenger Lease under the provisions of the Real Property Act 1886;\n\t(g)\tproviding for such exemptions as may be appropriate for the owner or occupier for the time being of the Operational Railways Land from the laws of the State in relation to:\n\t(i)\tfencing;\n\t(ii)\tState taxes and charges; and\n\t(iii)\tmunicipal rates, taxes and charges;\n\t(h)\tproviding for such exemptions as may be appropriate from the laws of the State in relation to the sale of liquor and the conduct of gaming activities on the Passenger Services;\n\t(i)\tmaking such provision as is necessary or appropriate for the implementation by the State of this agreement and the facilitation of the operation of the Railway Services and the Passenger Services including:\n\t(i)\tvarying the Rail Transfer Agreement;\n\t(ii)\tissuing of certificates by the Commonwealth Minister or the State Minister or their respective delegates as to the identification of the SAR Land and the Commonwealth Railways Land (or any part thereof) for the purposes of the Real Property Act 1886 or otherwise;\n\t(iii)\tfacilitating the severance and separate ownership of the Track Infrastructure from the SAR Land and the Commonwealth Railways Land (including the Leigh Creek Line).\nCONDITIONS\n3.1\tConditions Precedent\nThe obligations of the parties under this agreement (other than under clauses 2.1 and 2.2) do not become binding and no party is under an obligation to any other party unless:\n\t(a)\tthe legislation referred to in clauses 2.1 and 2.2 comes into operation; and\n\t(b)\tthe conditions precedent specified in the Sale Agreement are satisfied or waived,\nbefore the Condition Satisfaction Date.\n3.2\tEffect of Non-Fulfilment\nIf the conditions referred to in clause 3.1 are not fulfilled (or waived under clause 3.3) on or before the Condition Satisfaction Date, then this agreement is at an end as to its future operation except for the enforcement of any right or claim which arises on or has arisen before this agreement comes to an end.\n3.3\tFulfilment by Waiver\nA condition referred to in clause 3.1 is waived if, and only if, the parties agree in writing to waive the condition.\n3.4\tObligation to Satisfy Conditions\nThe parties must do anything needed on their part to ensure that the conditions referred to in clause 3.1 are fulfilled on or before the Condition Satisfaction Date. No party is under any express or implied obligation to procure fulfilment of any condition referred to in clause 3.1, and is not liable to any other party for any Loss or Claim whatever arising out of, or in connection with, or relating to the non-fulfilment of any condition.\n3.5\tExtent of Obligation to Fulfil Conditions\nThe obligation imposed on the parties by clause 3.4 does not require a party to waive any condition under clause 3.3.\n3.6\tEffective Date\nSubject to satisfaction or waiver of the conditions referred to in clause 3.1, this agreement takes effect on the Effective Date.\nRAIL TRANSFER AGREEMENT\n4.1\tWaiver of Rights as from Effective Date\nSubject to clause 4.2, the State unconditionally waives and forever relinquishes its rights under the Rail Transfer Agreement and the Adelaide to Crystal Brook Railway Agreement as from the Effective Date to the extent necessary:\n\t(a)\tto permit the Freight Operator to operate the Railway Services;\n\t(b)\tto permit the Passenger Operator to operate the Passenger Services; and\n\t(c)\tto facilitate the transfer to or vesting in the Freight Operator, the Passenger Operator and SAGC of the Track Infrastructure,\nfreed and discharged from any obligation to consult with or obtain the consent or approval of the State in relation to any matter which prior to the Effective Date required the consent or approval of, or conferred any rights on, the State.\n4.2\tPreservation of Other Rights\nNothing in clause 4.1 operates to relinquish or vary the rights of the State:\n\t(a)\tunder clause 11(8) of the Rail Transfer Agreement and under clause 25(2) of the Adelaide to Crystal Brook Railway Agreement in respect of that portion of the Interstate Mainline Track which comprises SAR Land;\n\t(b)\tunder clause 11(8) of the Rail Transfer Agreement in respect of the Islington Freight Terminal (being the land described in item 2 of schedule 2); and\n\t(c)\tunder any other provision of the Rail Transfer Agreement or the Adelaide to Crystal Brook Railway Agreement other than those expressly waived or relinquished under clause 4.1.\n4.3\tWaiver of Reversionary Rights to AN House\nThe State agrees that it will on the Effective Date without any further instrument and by force of this clause unconditionally waive its rights under clause 11(8) of the Rail Transfer Agreement in respect of that part the Excluded Land referred to in item 7 of schedule 2;\n4.4\tCessation of Services by the Commonwealth\nThe State consents to the cessation by the Commonwealth and Australian National of Railway Services in the State on and from the Effective Date and releases Commonwealth and Australian National from all obligations howsoever arising to administer, maintain and operate or otherwise work the railways of the State (other than the Interstate Mainline Track).\n4.5\tVariation of Tarcoola to Alice Springs Railway Agreement\nThe Tarcoola to Alice Springs Railway Agreement is varied as from the Effective Date by deleting clause 5 of that agreement.\nTRANSFER OF RAILWAYS LAND\n5.1\tAgreement to Transfer\nThe Commonwealth agrees that it will transfer or will procure the transfer to the State on the Effective Date of:\n\t(a)\tthe SAR Land (other than any Excluded Land)\n\t(b)\tthe Commonwealth Railways Land (other than any Excluded Land).\n5.2\tSatisfaction by Statutory Vesting\nThe obligation of the Commonwealth under clause 5.1 may be satisfied by the vesting of those assets in the State by Ministerial declaration pursuant to the Commonwealth legislation referred to in clause 2.1.\n5.3\tExtent of Interest in Railways Land\nThe land referred to in clause 5.1 is to be transferred to the State without reservation of minerals and unlimited as to depth.\n5.4\tCertificates as to Railways Land\nA certificate signed by the Commonwealth Minister and the State Minister or their respective delegates identifying:\n\t(a)\tthe land referred to in clause 5.1 or any part thereof;\n\t(c)\tthe land referred to in clause 5.5(b) or any part thereof; or\n\t(b)\tthe Excluded Land or any part thereof; or\nshall be conclusive evidence for any purpose as to whether a parcel of land specified in the certificate forms part of the SAR Land, the Commonwealth Railways Land or the Excluded Land (as the case may be).\n5.5\tSubdivisions\nIf:\n\t(a)\tany Excluded Land is included in the title to a parcel of land to be transferred to the State under clause 5.1; or\n\t(b)\tthe parties agree after the date of this agreement that any land forming part of the Interstate Mainline Track is surplus to that reasonably required or likely to be required for the purposes of providing a corridor and associated access, storage and communications facilities for interstate rail transport,\nthe Commonwealth will arrange at its cost for a subdivision of the relevant land to be carried out. The State will render and will procure that its authorities render all such assistance as may be reasonably necessary to facilitate that subdivision.\n5.6\tTransfer of Subdivided Land\nUpon completion of the subdivision and issue of titles, an instrument of transfer in registrable form will be signed and delivered to the State in respect of the land referred to in clause 5.5 which is to be transferred to the State. Property and (subject to clause 8) risk in that land shall pass to the State:\n\t(a)\tin the case of land referred to in clause 5.5(a), upon vesting under clause 5.2 notwithstanding that separate titles have not been issued; and\n\t(b)\tin the case of land referred to in clause 5.5(b), upon the date of transfer.\nTRACK INFRASTRUCTURE\n6.1\tSeverance\nIt is the intention of the commonwealth and the State that to the extent that any item of Track Infrastructure is affixed to the Operational Railways Land, the Keswick Passenger Terminal Land or the Leigh Creek Line then that item shall first be deemed to be severed from the land to which it is affixed and may be transferred to or vested by the Commonwealth in the Freight Operator, the Passenger Operator or SAGC respectively as personal property capable of separate ownership from the land.\n6.2\tInterstate Mainline Track and Other Land\nFor the avoidance of doubt, nothing in this agreement shall constitute a severance or any agreement to sever the Track Infrastructure from the Interstate Mainline Track or from any land other than the Operational Railways Land, the Keswick Passenger Terminal Land or the Leigh Creek Line.\n6.3\tTrack Infrastructure on Leigh Creek Line\nThe Commonwealth agrees that it will transfer or will procure the transfer to SAGC on the Effective Date of the Track Infrastructure on, over or under the Leigh Creek Line. The obligation of the Commonwealth under this clause may be satisfied by the vesting of that Track Infrastructure by ministerial declaration pursuant to the Commonwealth legislation referred to in clause 2.1.\n6.4\tTrack Infrastructure on South Eastern Lines\nIf the South Eastern Lines do not form part of the Operational Railway Land:\n\t(a)\tthe State may for a period of 3 months after the Effective Date endeavour to procure an offer for the purchase from the Commonwealth of all or any part of the South Eastern Lines; and\n\t(b)\tthe Commonwealth shall be at liberty (for a period commencing 3 months and ending 12 months after the Effective Date) to remove or authorise the removal of any item of Track Infrastructure on those lines and redeploy that Track Infrastructure on any part of the Operational Railway Land on such terms and conditions as the Commonwealth shall determine. The Commonwealth and its agents and contractors shall have such access to the relevant land as may be necessary to dismantle and remove that Track Infrastructure.\nREMEDIATION PROGRAM\n7.1\tRemediation by the Commonwealth\nSubject to clauses 7.2 and 7.3, the Commonwealth undertakes at its own cost to discharge the liability of the parties for remediation of identified Contamination of the land to be transferred to the State under clause 5.1:\n\t(a)\tto the environmental standards applicable generally in the State as at the date of this agreement; and\n\t(b)\thaving regard to the purpose for which the land is used at the date of this agreement (or at the date on which the land was last used),\nin accordance with the Remediation Program.\n7.2\tNo Admission of Liability\nThe undertaking on the part of the Commonwealth in clause 7.1 is given voluntarily without any admission as to liability for the contamination and irrespective of the party or parties legally liable for such remediation.\n7.3\tCessation of Commonwealth Liability\nThe Commonwealth's liability under clause 7.1 ceases when the moneys allocated in the Remediation Program have been fully expended in or towards:\n\t(a)\tcarrying out the Remediation Program;\n\t(b)\tthe issuing of acceptance certificates pursuant to clause 7.4; and\n\t(c)\tto the extent of any surplus, the discharging of any liability of the State for any Loss or Claim of the type referred to in clause 8.1 which arises from Contamination.\n7.4\tCompletion of Remediation\nA review of the Remediation Program shall be carried out in such manner as the Commonwealth Minister and the State Minister agree. The State agrees that the Commonwealth will be released from any further liability under clause 7.1 in respect of a parcel of land on the State Minister confirming in writing that the Remediation Program on that land has been satisfactorily completed to the standard required by that clause.\n7.5\tDisputes\nAny party may refer a dispute under this clause to arbitration in accordance with clause 12.7.\nINDEMNITIES\n8.1\tLiabilities Associated with Land Ownership\nSubject to this clause 8, nothing in this agreement relieves any party from or indemnifies it against any Loss or Claim arising from injury, loss or damage suffered, or from events or circumstances occurring, at any time which Loss or Claim arises from or is associated with the ownership, occupation, use, state or condition of any land (including any Contamination) or the consequences thereof.\n8.2\tCommonwealth Indemnity\nThe Commonwealth indemnifies the State against any Loss or Claim of the type referred to in clause 8.1 for which the Commonwealth is liable except to the extent that it was caused or contributed to by the State.\n8.3\tState Indemnity\nThe State indemnifies the Commonwealth against any Loss or Claim of the type referred to in clause 8.1 for which the State is liable except to the extent that it was caused or contributed to by the Commonwealth.\n8.4\tReduction of Liability\nThe liability of a party for a Loss or Claim of the type referred to in clause 8.1 shall be reduced to the extent to which it is satisfied pursuant to the Remediation Program.\n8.5\tEmployee Liabilities\nNotwithstanding clause 8.1, the State and its instrumentalities and agencies have no liability for any Loss or Claim by or in respect of a person who became an officer or employee of the Commonwealth or Australian National by operation of the Railways Transfer Legislation.\nLEASES\n9.1\tGround Lease\nThe State agrees that it will on the Effective Date sign and deliver to the Freight Operator the Ground Lease. The Ground Lease will contain such terms and conditions as may be agreed between the parties, including provisions:\n\t(a)\tfor an initial term of 50 years;\n\t(b)\tentitling the State to terminate the lease in respect of all or any part of the Operational Railways Land if:\n\t(i)\tthe lessee becomes insolvent;\n\t(ii)\twithin the first 5 years of the term of the lease the lessee fails to provide for a continuous period of six months the minimum services nominated by the lessee and specified in the lease; or\n\t(iii)\tthe Operational Railways Land or that part ceases to be used for Railway Services for a continuous period of eighteen months;\n\t(c)\tfor the transfer to the State at its option of the Track Infrastructure on any part of the Operational Railways Land in respect of which the lease has terminated:\n\t(i)\twhere that termination occurs within 5 years of the commencement of the lease, at no consideration; and\n\t(ii)\tin any other case, at valuation on the basis of continued railways usage;\n\t(d)\tfor rental to be charged:\n\t(i)\tfor rail corridors, at a nominal rent; and\n\t(ii)\tfor other land, at a nominal rent for the first 5 years and at commercial rates thereafter;\n\t(e)\tfor the excision from the Operational Railways Land of any land which is or subsequently becomes a Bulk Handling Facility so as to facilitate the lease of that land to SACBH; and\n\t(f)\tthat the Track Infrastructure on that land will not be removed without the prior written consent of the State.\n9.2\tPassenger Terminal Site Lease\nThe State agrees that it will on the Effective Date sign and deliver to the Passenger Operator the Passenger Terminal Site Lease. The Passenger Terminal Site Lease will contain such terms and conditions as may be agreed between the parties, including provisions:\n\t(a)\tfor an initial term of 50 years;\n\t(b)\tentitling the State to terminate the lease in respect of all or any part of the Keswick Passenger Terminal Land if:\n\t(i)\tthe lessee becomes insolvent; or\n\t(ii)\tthe Keswick Passenger Terminal Land or that part ceases to be used for Passenger Services for a continuous period of eighteen months;\n\t(c)\tfor the transfer to the State at its option of the Track Infrastructure on any part of the Keswick Passenger Terminal Land in respect of which the lease has terminated:\n\t(i)\twhere that termination occurs within 5 years of the commencement of the lease, at no consideration; and\n\t(ii)\tin any other case, at valuation on the basis of continued railways usage;\n\t(d)\tfor rental to be charged at a nominal rate for the first 5 years (or for so much of this period as the specified services continue to be provided) and at commercial rates thereafter; and\n\t(e)\tthat the Track Infrastructure on that land will not be removed without the prior written consent of the State.\nPINNAROO LINE\n10.1\tCommonwealth to Undertake Standardisation\nThe Commonwealth agrees that it will at its cost complete or procure the completion within 12 months of the Effective Date (or such other period as the Commonwealth Minister and the State Minister may agree) of the conversion to standard gauge of the line from Pinnaroo to Tailem Bend to the same standard as applied on the standardisation of the Loxton to Tailem Bend line.\n10.2\tState Contribution\nThe State agrees that it will contribute to the cost of the work to be carried out under clause 10.1 in an amount being the lesser of:\n\t(a)\t$2,000,000; and\n\t(b)\tone third of the expenditure incurred by the Commonwealth in carrying out that work (as certified in the event of a dispute by the Australian National Audit Office).\nAMENDMENT\n11.1\tPower to Amend\nThe provisions of this agreement may be amended by an agreement in writing signed by the Commonwealth Minister and the State Minister or their respective delegates. This agreement may be so amended on more than one occasion.\n11.2\tAmendments to be Tabled in Parliaments\nA copy of an agreement under clause 11.1 shall be tabled in the Commonwealth and the State Parliaments within 15 sittings days from the date on which the agreement is made.\n11.3\tEffective Date of Amendments\nAn agreement under clause 11.1 shall, if not disallowed by any Parliament within 15 sitting days of being tabled, take effect at the expiration of 15 sitting days of the Parliament in which the agreement is last tabled.\nGENERAL\n12.1\tNotices\nA notice, consent approval or similar communication under this agreement must be in writing signed by or on behalf of the person giving it, addressed to the person to whom it is to be given and delivered sent by pre-paid mail or transmitted by facsimile to that person's address set out in schedule 1 or another address of which that person may from time to time give notice to each other person.\n12.2\tGoverning Law\nThis agreement is governed by the law in force in the State and the parties submit to the non-exclusive jurisdiction of the courts of the State and any courts which may hear appeals from those courts in respect of any proceedings in connection with this agreement.\n12.3\tWaiver\nThe non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.\n12.4\tSeverability\nAny provision in this agreement which is invalid or unenforceable in any jurisdiction:\n\t(a)\tis to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable; or\n\t(b)\tif the provision cannot be read down under paragraph (a), is capable of being severed to the extent of the invalidity or unenforceability,\nwithout affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.\n12.5\tCounterparts\nThis agreement may be executed in any number of counterparts and all of those counterparts taken together constitute one and the same instrument.\n12.6\tFurther assurance\nEach party must do, sign, execute and deliver and must procure that each of its agents does, signs, executes and delivers, all deeds, documents, instruments and acts reasonably required of it or them by notice from another party to carry out and give full effect to this agreement and the rights and obligations of the parties under it.\n12.7\tDisputes\nWhere there is a dispute between the parties in respect of this agreement or any of its provisions (a \"Dispute\"):\n\t(a)\tany party may at any time after the Dispute arises give to the other parties a notice containing full particulars of the Dispute, including terms proposed for settlement of the Dispute;\n\t(b)\tif the Dispute is not resolved between the parties within 28 days of the giving of the notice, any party may refer the Dispute to the arbitration of an independent arbitrator appointed by the Commonwealth Minister and the State Minister;\n\t(c)\tthe arbitrator shall not perform his or her functions as an arbitrator under any law relating to arbitration, but shall act as an independent expert; and\n\t(d)\tthe costs of an arbitration under this clause will be shared equally by the Commonwealth and the State.\nSCHEDULE 1\nAddress for Notices\n(clause 12.1)\n\nParty\nAddress\nThe Commonwealth of Australia\nThe Secretary,\nDepartment of Transport and Regional Development\n72 Northbourne Avenue\nCANBERRA 2601\nFacsimile: (06) 274 7819\nThe State of South Australia\nChief Executive Officer,\nDepartment of Transport\n33 – 37 Warwick Street,\nWALKERVILLE 5081\nFacsimile: (08) 8343 2497\nSCHEDULE 2\nExcluded Land\n\n\nItem No.\nDescription\nTitle or other particulars\n1\nInterstate Mainline Track\nSee Schedule 3\n2\nIslington Freight Terminal\nThat part of the land comprised in Certificate of title volume 5276 folio 917 and the whole of the land in certificate of title volume 4397 folio 698 marked \"NRC\" and delineated in yellow on page 1 of the Property Identification Folder.\n3\nCooinda Complex (including ANI tennis club)\nFlinders Terrace\nPort Augusta\nThat part of the land in certificate of title volume 5266 folio 549 marked \"Cooinda Complex\" and delineated in yellow on page 2 of the Property Identification Folder.\n4\nANI Bowling Club\nHobby Avenue\nPort Augusta\nThe whole of the land in certificate of title volume 5253 folio 943.\n5\nANI Stirling Golf Club,\nStirling North\nThe whole of the land in certificate of title volume 4384 folio 532.\n6\nSeafield Towers,\n7 South Esplanade\nGlenelg\nThe whole of the land in certificate of title volume 2587 folio 119.\n7\nAN House (including car park and associated buildings),\n1 Richmond Road,\nKeswick\nThat part of the land comprised in certificate of title volume 5387 folio 966 marked \"AN House\", \"AN Institute\" and \"SAMHS\" and delineated in yellow on page 3 of the Property Identification Folder.\nSCHEDULE 3\nInterstate Mainline Track\n\n\nRail Corridor\nRelevant agreement and/or enabling legislation authorising the construction, and establishing the route, of the railway\nKalgoorlie to Port Augusta\nConstruction authorised by, and the route set out in the schedule to, the Kalgoorlie to Port Augusta Railway Act 1911 (Cth)\nLand granted by South Australia and Western Australia in an agreement dated 14 November 1912 (as amended in the case of Western Australia by an agreement dated 9 September 1914) set out in the schedule to the Kalgoorlie to Port Augusta Railway Lands Act 1918 (Cth) and subject to the Transcontinental Railway Land Grant Act 1911 (SA) and the Transcontinental Railway Act 1911 (WA)\nTarcoola to Alice Springs\nAgreement dated 10 April 1974 set out in the schedule to the Tarcoola to Alice Springs Railway Act 1974 (Cth) and the Tarcoola to Alice Springs Railway Agreement Act 1974 (SA).\nPort Augusta to Whyalla\nAgreement dated 26 February 1970 set out in the schedule to the Port Augusta to Whyalla Railway Act 1970 (Cth) and the Port Augusta to Whyalla Railway Agreement Act 1970 (SA)\nPort Augusta to Port Pirie\nAgreement dated 29 November 1935 set out in the schedule to the Port Augusta to Port Pirie Railway Act 1935 including the route of the railway from Port Augusta to Solomontown (a suburb of Port Pirie)\nAdelaide to Crystal Brook\nAgreement dated 11 August 1980 set out in the schedule to the Railway Agreement (Adelaide to Crystal Brook) Act 1980 (Cth) comprising a non-urban sector from Salisbury to Crystal Brook (first schedule part 1) and an urban sector from Keswick passenger terminal to Salisbury (first schedule part 2).\nDry Creek South to Outer Harbor\nAgreement dated 11 August 1980 set out in the schedule to the Railway Agreement (Adelaide to Crystal Brook) Act 1980 (Cth) comprising the branch line from Dry Creek to Gillman and Port Adelaide (first schedule part 2 clause B1) and the connection from Gillman Yard \"D\" Cabin to Outer Harbor (first schedule part 3).\nPort Pirie to NSW border\nAuthorised by and constructed pursuant to the Port Pirie Railway Act 1873 (SA), the Petersburg and Border Railway Act 1884 (SA), the Petersburg and Border Railway Amendment Act 1886 (SA) and the Railway Deviation Act 1896 (SA) as varied on conversion to standard gauge pursuant to the Port Pirie to Cockburn Railway Deviation Act 1964 (SA).\nAdelaide to Victorian Border\nAuthorised by and constructed pursuant to:\n\t(a)\tAdelaide to Nairne Railway Act 1878 (SA); and\n\t(b)\tThe Nairne to Victorian Border Railway Act 1882 (SA), with deviations authorised pursuant to the Nairne to Victorian Border Railway Deviation Act 1924 (SA).\nSCHEDULE 4\nTrack Infrastructure\nFor the purposes of this agreement the expression \"Track Infrastructure\" means the following improvements, whether or not constituting fixtures at law, owned by Australian National on the Effective Date:\n\t(a)\ttrackwork including without limitation, rail lines, crossing loops, level crossings, sleepers, ballast, fastenings, points, poles, pylons, pipes, drains, structures, supports, overhead lines, buffer stops, posts and signs;\n\t(b)\tearthworks and formations including cuttings, embankments, tunnels (including any tunnel lighting and ventilation), ditches and retaining walls;\n\t(c)\tbridges, culverts, overpasses, underbridges, viaducts, jetties and wharves;\n\t(d)\tsignalling and train control and communications systems (including signal boxes, huts and telegraph and transmission lines and instruments) which are necessary for the safe and proper movement of trains;\n\t(e)\taccess roads, approaches, footpaths, gates, cattle stops, and fences; and\n\t(f)\tbuildings and other structures including platforms, railway stations, passenger terminals, freight sheds, freight terminals, roundhouses, workshops and associated buildings.\nSCHEDULE 5\nLeigh Creek Line\n\n\nRail Corridor (including land used for yards, sidings, crossing loops and goods loops)\nRelevant agreement and/or enabling legislation authorising the construction, and establishing the route, of the railway\nInterstate Mainline Track (lead 19) to Northern Power Station loop (lead 26)\nPort Augusta Spur Agreement dated 28 June 1962 between the Commonwealth Railways Commissioner and The Electricity Trust of South Australia and subsequent arrangements set out in an unsigned Port Augusta Loop Agreement between Australian National and The Electricity Trust of South Australia.\nStirling North to Brachina\nAgreement forming the schedule to the Stirling North to Brachina Railway Act 1952 (Commonwealth)\nBrachina to Leigh Creek North Coalfield\nAgreement forming the schedule to the Brachina to Leigh Creek North Coalfield Railway Act 1950 (Commonwealth) and the Leigh Creek North Coalfield Railway Agreement Act 1950 (South Australia).\n\nSIGNED by THE HONOURABLE JOHN RANDALL SHARP Minister for Transport and Regional Development of the Commonwealth in the presence of:\n}\nJOHN SHARP\nR GIBSON\n\n\t\t\n\t\t\n\n\nSIGNED by THE HONOURABLE DIANA LAIDLAW Minister for Transport of the State of South Australia in the presence of:\n}\nDIANA LAIDLAW\nH L WEBSTER\n\n\t\t\n\t\t\n\n\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Non-Metropolitan Railways (Transfer) Act 1997 amended the following:\nWrongs Act 1936\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1997\n53\nNon-Metropolitan Railways (Transfer) Act 1997\n31.7.1997\n11.9.1997 (Gazette 11.9.1997 p703)\n1998\n39\nNon-Metropolitan Railways (Transfer) (Building and Development Work) Amendment Act 1998\n30.7.1998\n30.7.1998\n1998\n72\nNon-Metropolitan Railways (Transfer) (National Rail) Amendment Act 1998\n3.12.1998\n24.12.1998 (Gazette 24.12.1998 p2074)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 11A\ninserted by 39/1998 s 2\n30.7.1998\ns 11B\ninserted by 72/1998 s 3\n24.12.1998\ns 12\nomitted under Legislation Revision and Publication Act 2002\n\nHistorical versions\nReprint No 1—30.7.1998\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1997 Act was tightly focused on implementing the privatisation agreement and land transfer. However, two subsequent amendments expanded the scope significantly: (1) the 1998 Building and Development Work amendment (section 11A) retroactively validated pre-Act construction work, adding a regulatory compliance function unrelated to the core privatisation; and (2) the 1998 National Rail amendment (section 11B) introduced constitutional power referral mechanisms for the National Rail Corporation, extending the Act's reach into federal-state constitutional arrangements and corporate regulation beyond the original railway privatisation purpose."},"complexity_factors":["Bifurcated structure: The Act consists of 11 operative sections plus a lengthy Schedule containing the full Railways Agreement (12 clauses with multiple sub-clauses)","Extensive cross-referencing: Section 3(2) imports definitions from the Schedule, creating interdependence between the Act and the Agreement","Multiple nested conditions: Clause 3 of the Agreement sets conditions precedent with waiver provisions (clauses 3.1-3.6) that must be satisfied before obligations become binding","47 defined terms in the Agreement's interpretation clause (clause 1.1), including complex composite definitions like 'Interstate Mainline Track' and 'Track Infrastructure'","Sophisticated property law mechanisms: Severance of fixtures (section 8 and clause 6.1), statutory vesting (section 6), and interaction with the Real Property Act 1886 (section 6(3))","Layered indemnities and liability caps: Clause 8 contains mutual indemnities with reduction provisions and specific exclusions (clause 8.5)","Temporal complexity: Multiple time-bound provisions including 5-year tax exemption (section 9), 6-month liquor exemption (section 11), 50-year lease terms (clauses 9.1, 9.2), and various condition satisfaction deadlines","Inter-governmental coordination requirements: Requires parallel Commonwealth legislation (clause 2.1) and contains mechanisms for amendment requiring tabling in both parliaments (clause 11)","Exception to exception structure: Section 6(2) preserves third-party interests despite vesting; clause 4.2 preserves specific rights despite general waiver in clause 4.1","Specific technical schedules: 5 detailed schedules identifying land by certificate of title references and legislative authorisations"],"plain_english_summary":"**What this law does:**\n\nThis is a South Australian law that implements a deal between the Commonwealth (federal government) and South Australia to privatise non-metropolitan (regional) railways. It transfers ownership of railway land and assets from the federal government to the state, then leases them to private operators.\n\n**Key things it does:**\n\n- **Authorises the deal**: Ratifies the \"Railways Agreement\" between the Commonwealth and South Australia, making it legally binding on the state.\n- **Transfers land**: Vests ownership of two categories of land in the South Australian Minister:\n  - *SAR Land* (formerly South Australian Railways land)\n  - *Commonwealth Railways Land* (federal land used for railways)\n- **Leases to private operators**: Authorises long-term leases (50 years) of this land to:\n  - A \"Freight Operator\" (for freight services)\n  - A \"Passenger Operator\" (for passenger services like The Ghan and The Overland)\n- **Separates assets**: Allows railway infrastructure (tracks, signals, stations) to be treated as separate \"personal property\" that can be owned independently of the land itself.\n- **Provides tax breaks**: Exempts transferred railway land from land tax and council rates for 5 years.\n- **Handles contamination**: Sets up a remediation program where the Commonwealth pays to clean up contaminated land being transferred.\n- **Special provisions**: Includes odd but specific exemptions—like allowing alcohol sales at passenger terminals without a liquor licence for 6 months, and validating building work done before the Act.\n- **Refers power to Canberra**: Allows the Commonwealth to regulate National Rail Corporation when it operates within South Australia.\n\n**Who it affects:**\n\n- **Private rail operators**: They get long-term leases to run freight and passenger services.\n- **State government**: Takes ownership of the land and becomes landlord to private operators.\n- **Local councils**: Lose rate revenue from exempted railway land for 5 years.\n- **Communities**: Along regional railway lines, particularly the Pinnaroo line (which gets standardised) and the Leigh Creek line (which goes to the electricity corporation).\n\n**Why it matters:**\n\nThis law completed the privatisation of South Australia's regional rail network in the late 1990s. It shifted control from public hands (Australian National Railways Commission) to private companies, while ensuring the state retained ownership of the land itself. The complex arrangements for land transfer, leasing, and asset separation were designed to make the privatisation legally workable—treating railway tracks as movable property rather than fixed to the land, for example."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The enacted instrument goes beyond a simple land transfer and authorisation of leases to include: (a) retrospective statutory validation of building and development work carried out before commencement (s11A), which extends the Act into regulatory compliance and retrospective immunity matters; and (b) a referral of power under Constitution s51(xxxvii) concerning Commonwealth acquisition/holding/disposal of shares in National Rail Corporation Limited when it undertakes intra‑State rail services (s11B), which creates a constitutional referral dimension unrelated purely to land transfer. These additions expand the Act's scope from transactional property transfer and lease authorisation to include retrospective regulatory effect and an intergovernmental constitutional referral about corporate shareholding and Commonwealth power."},"complexity_factors":["Extensive Schedule (the Railways Agreement) containing detailed transactional mechanics and definitions (40+ defined terms in the Agreement's interpretation section and Schedule 4's detailed definition of \"Track Infrastructure\").","Cross‑jurisdictional implementation: requires enabling Commonwealth and State legislation and interacts with multiple pre‑existing railway Acts and agreements (Schedule clauses 2, 5, and Schedule 3 references).","Numerous conditional provisions and 'conditions precedent' (Schedule clause 3) that suspend obligations until legislation and sale conditions are satisfied or waived.","Layered asset rules: fee simple vesting of land (s6) combined with severance of track infrastructure as personal property (s8; Schedule clause 6.1) with multiple carve‑outs (Interstate Mainline Track and Excluded Land in Schedules 2–3).","Long, detailed lease structures with staged rent, termination rights, and reversion/transfer of Track Infrastructure on termination (Schedule clauses 9.1–9.2).","Complex indemnity and remediation regime allocating liability, capping Commonwealth liability to Remediation Program funds, and linking indemnities to remediation outcomes (Schedule clauses 7–8).","Multiple executive discretions with binding evidentiary consequences (ministerial certificates conclusive in courts — s7; Schedule clause 5.4) increasing administrative determinism.","Time‑limited fiscal and regulatory exceptions with specified durations and triggers (s9, s11, Schedule clauses 9.1–9.2), creating temporal complexity.","Dispute resolution by appointment of an 'independent expert' arbitrator acting outside ordinary arbitration law (Schedule clause 12.7), which is a non‑standard dispute mechanism.","Nested exceptions and subdivision mechanics for Excluded Land and surplus Interstate Mainline Track (Schedule clauses 5.5–5.6) that require further administrative actions (survey, subdivision, transfer)."],"plain_english_summary":"**What this law does (mechanically)\n\n- Authorises and gives legal force to a detailed Commonwealth–State agreement (the \"Railways Agreement\") that hands most non-metropolitan railway land and related assets in South Australia from Commonwealth/Australian National control to the State and to private lessees/operators (see s4 and the Schedule).  The Minister is authorised to sign the agreement and to sign two long leases on the State's behalf: a Ground Lease for freight operations and a Passenger Terminal Site Lease for passenger services (s5; Schedule, clauses 9.1–9.2).\n\n- Vests the transferred railway land in the State Minister in fee simple (ownership equivalent to full title) and requires registration under the Real Property Act where applicable (s6; Schedule clauses 5.1–5.3).  Certain parcels are expressly excluded from transfer and listed in Schedule 2.\n\n- Treats items of \"Track Infrastructure\" (rails, sleepers, signals, bridges, stations, etc.) that are affixed to transferred land as severed and capable of separate ownership as personal property rather than remaining part of the land (s8; Schedule clause 6.1 and Schedule 4).  There are specific limits to that severance (e.g. Interstate Mainline Track remains excluded: Schedule clause 6.2 and Schedule 3).\n\n- Creates two 50‑year private leases: initial nominal rents for several years then commercial rents thereafter, termination rights for insolvency and prolonged non‑use, and transfer/return arrangements for Track Infrastructure on lease termination (Schedule clauses 9.1–9.2).\n\n- Sets out environmental remediation, indemnities and allocation of liabilities for contamination and land‑related claims: the Commonwealth funds and undertakes a Remediation Program to applicable State environmental standards subject to program caps; the agreement provides reciprocal indemnities with reduction where remediation funds are applied (Schedule clauses 7 and 8).\n\n- Grants time‑limited fiscal and regulatory exemptions: transferred land used for railway operation is exempt from land tax and local government rates for five years from the agreement's effective date (s9); the passenger terminal lessee may serve liquor without a licence for six months after grant of the passenger lease (s11); building and development work carried out before the Act's commencement by certain Commonwealth/State railway bodies is declared to have complied with statutory/regulatory requirements at the time it was done (s11A).\n\n- Establishes mechanisms to simplify administration and certainty: Ministerial certificates from Commonwealth or State Ministers are conclusive evidence in State courts and administrative processes of the identity and status of railway land or transactions (s7; Schedule clause 5.4).  The Act and Agreement prevail over earlier railway transfer legislation to the extent of inconsistency (s10).\n\n- Includes programmatic items and obligations: Commonwealth to complete standardisation (gauge conversion) of the Pinnaroo–Tailem Bend line with a capped State contribution; dispute resolution by appointment of an independent expert/arbitrator whose role is to act as expert rather than under arbitration legislation (Schedule clauses 10 and 12.7).\n\n\nWho is affected and how it changes behaviour\n\n- The State government: receives fee simple title to most non‑metropolitan railway land (s6; Schedule clause 5) and is authorised to grant long leases and to perform follow‑up actions required by the Agreement (s4(3), s5(1), Schedule clauses 2.2 and 9).\n\n- Freight and passenger operators (private buyers/nominated operators): gain long leases (50 years) on operational land and passenger terminal land, initially low rent and rights to operate Railway Services and Passenger Services (Schedule clauses 9.1–9.2).  They acquire certainty over assets and may receive Track Infrastructure as personal property (Schedule clause 6.1).\n\n- Commonwealth: remains responsible for remediation funding up to the Remediation Program allocation and for undertaking specified infrastructure standardisation work (Schedule clauses 7 and 10.1).  It also retains control over certain excluded assets (Schedule 2 and 3).\n\n- Local government and taxpayers: suffer a time‑limited revenue reduction because transferred land used for rail operations is exempt from land tax and municipal rates for five years (s9).\n\n- Courts and third parties: must accept ministerial certificates as conclusive evidence of the identity/status of transferred assets, which simplifies disputes but concentrates evidentiary weight in executive certificates (s7; Schedule clause 5.4).\n\n\nOfficial rationale and practical trade‑offs (stated purpose, then mechanical testing)\n\n- Stated purpose (in the Act): to implement the Commonwealth–State agreement for privatising non‑metropolitan railways and related transfers (long leases and asset transfers) (long title; s4).  The Agreement’s recitals and clauses show the transactional mechanics (Schedule clauses 4–9).\n\n- Testing that purpose against costs and incentives:\n  - Who pays: the Commonwealth funds remediation and gauge standardisation subject to program caps and the State makes a capped contribution (Schedule clauses 7 and 10.2).  The State assumes land ownership and some future contingent liabilities under the indemnity regime (Schedule clause 8).\n  - Concentrated benefits: private Freight and Passenger Operators receive long leases with initially low rents and exclusive operational control of railway services (Schedule clauses 9.1–9.2).  Those are concentrated financial benefits to whoever wins the commercial tender(s).\n  - Diffuse costs: local governments lose some rates revenue for five years (s9), and there is potential fiscal exposure if remediation or indemnity provisions prove inadequate; third‑party land interests remain preserved by s6(2) but administrative certainty may shift power to ministers (s7).\n  - Effects on competition and private enterprise: the severance of Track Infrastructure and the long lease model make it legally and practically easier for private operators to own/finance rail assets (Schedule clause 6.1 and 9).  That increases asset transferability and private investment potential but creates lock‑in via long lease terms.\n  - Bureaucratic discretion and implementation risk: the State and Commonwealth ministers have several certificate and consent discretions (e.g. identifying Excluded Land, consenting to removal of track infrastructure subject to safety checks in s5(5)–(6) and Schedule clause 9.1(f)).  Implementation depends on enabling Commonwealth and State legislation and the satisfaction or waiver of conditions precedent (Schedule clauses 2 and 3), so the transfer could fail if those enabling steps or conditions are not met.\n  - Compliance burden and legal certainty: ministerial certificates and tabled amendments procedures reduce transaction costs and make title/asset identity administratively final (s7; Schedule clause 11.2), but they also place significant evidentiary weight on executive statements rather than court fact‑finding.\n\n\nKey operational limits, safeguards and timings\n\n- Minister must not consent to removal of Track Infrastructure under certain Agreement clauses unless satisfied the infrastructure is no longer required for safe, efficient and effective use; and must report to Parliament after giving such consent (s5(5)–(6)).\n- The land tax and local rates exemption runs for five years from the Agreement's effective date (s9).\n- The passenger lease permits a six‑month liquor‑supply exemption following grant (s11).\n- The Commonwealth’s remediation liability is limited to the funds allocated to the Remediation Program; once funds are expended and the State Minister issues a certificate of satisfactory remediation, Commonwealth liability ceases (Schedule clauses 7.1–7.4).\n- Conditions precedent (including passage of enabling legislation and Sale Agreement conditions) must be satisfied or waived before the Agreement becomes binding (Schedule clause 3.1).  If conditions are not met by the Condition Satisfaction Date the Agreement ends (Schedule clause 3.2).\n\n\nPractical implications to watch for (implementation and incentives)\n\n- The severance rule (treating track items as personal property) makes infrastructure tradeable and easier to finance, but also requires careful mapping of which track remains tied to interstate corridors (Schedule clauses 6.1–6.2; Schedule 3).\n- The combination of nominal initial rents and long lease terms concentrates value to the leaseholders; public revenue from rents is deferred and initially small (Schedule clauses 9.1(d)–9.2(d)).\n- Ministerial certificates and the arbitration‑as‑expert process speed dispute resolution and title certainty but reduce judicial gatekeeping and shift resolution toward executive determinations and appointed experts (s7; Schedule clause 12.7).\n- Retrospective validation of prior building and development works (s11A) reduces legal exposure for past works but limits later statutory challenges to those works.\n\n\nPrimary sections to consult for more detail: s4 (authorisation/ratification), s5 (leases and parliamentary tabling), s6 (vesting and registration), s7 (ministerial certificates), s8 (severance), s9 (tax and rates exemption), s11–11B (liquor, building compliance, referral), and the Schedule (full transactional mechanics: transfers, remediation, indemnities, leases, Pinnaroo standardisation)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. No comparison between original intent and final provisions is possible."},"complexity_factors":["Actual legislative text was unavailable — only a website error page was retrieved","No provisions, definitions, schedules, or operative clauses could be assessed","Complexity score reflects inability to analyse content, not simplicity of the underlying law","Transfer legislation of this era typically involves complex interplay of asset schedules, employment transitions, and liability assignments — but this cannot be confirmed from available content"],"plain_english_summary":"The Non‑Metropolitan Railways (Transfer) Act 1997 (SA) concerns transferring ownership or control of regional rail lines outside Adelaide. It would have reallocated assets, responsibilities and operations related to non‑metropolitan rail, affecting rail workers, regional communities, freight and passenger services, and businesses reliant on those lines—important for who runs and finances regional rail services."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/non-metropolitan-railways-transfer-act-1997","history":"/api/acts/non-metropolitan-railways-transfer-act-1997/history","analysis":"/api/acts/non-metropolitan-railways-transfer-act-1997/analysis","conflicts":"/api/acts/non-metropolitan-railways-transfer-act-1997/conflicts","importantCases":"/api/acts/non-metropolitan-railways-transfer-act-1997/important-cases","documents":"/api/acts/non-metropolitan-railways-transfer-act-1997/documents"}}