8Provisions relating to control and management of Railway

8 Provisions relating to control and management of Railway

8 Provisions relating to control and management of Railway

(1) In this section, except in so far as the context or subject-matter otherwise indicates or requires:

the Commissioner means the South Australian Railways Commissioner for the time being holding office as such under the South Australian Railways Commissioner’s Act 1936.

the South Australian Railways Commissioner’s Act 1936 means the South Australian Railways Commissioner’s Act 1936 of the State of South Australia and any Act of that State amending, varying or replacing the same, and includes the Railways Standardisation Agreement (Cockburn to Broken Hill) Act 1968 of that State and any Act of that State amending, varying or replacing the same.

(2) The Commissioner may for and on behalf of the State of South Australia operate, control and manage the Railway in accordance with the terms of the Agreement, the provisions of this section and any law applicable or incidental to the Railway or the operation, control and management thereof.

(3) The Commissioner:

(a) may demand, collect and enforce the payment of:

(i) rates for services rendered on or in connection with the Railway, and

(ii) tolls, freights, charges, rates and fares for the carriage or conveyance of goods, stock, minerals, mails, parcels and passengers on the Railway, and

(b) in the operation, control and management of the Railway as aforesaid shall have and may exercise and enjoy the like powers, authorities, privileges and immunities, and shall perform and be subject to the like duties, liabilities and obligations as the Commissioner, for the time being, shall have or may exercise or enjoy or shall perform or be subject to in the operation, control and management of other railways, vested in the Commissioner, pursuant to the South Australian Railways Commissioner’s Act 1936 (section 84 of that Act excepted).

Any payment required pursuant to paragraph (a) shall be the like payment as is required under by-laws or regulations under the South Australian Railways Commissioner’s Act 1936 in respect of other railways vested in the Commissioner or, where specifically prescribed by regulations under the said Act in respect of the Railway, the payment so prescribed.

(4) Notwithstanding anything in this Act, the Commissioner shall not dispose of any land vested in the Commissioner pursuant to this Act except with the approval of the Governor.