Albany-Denmark Railway Extension Act 1923 (WA)

ALBANY-DENMARK RAILWAY

EXTENSION.

13° Gno. V., No. XLII.

No. 19 of 1923.

AN ACT to authorise an extension of the Albany-Den-

mark Railway.

[Assented to 22nd February, 1923.]

E it enacted by the King's Most Excellent Majesty, by

and with the advice and consent of the Legislative

Council and Legislative Assembly of Western Australia, in

this present Parliament assembled, and by the authority of

the same, as follows:-

1.    This Act may he cited as the Albany-Denmark Railway short

Extension Act, 1923.

2. It shall be lawful to construct and maintain a railway Authority to construct.

with all necessary, proper, and usual works and conveniences in connection therewith, along the line described in the Sche- dule to this Act.

3.    Notwithstanding anything contained in the Public D ation.

Works Act, 1.902, it shall be lawful for the Minister for Works to deviate from the line as described in such Sche- dule to the extent of two miles on either side thereof,

No. 19.] Albany-Denmark Railway Extension. [1923.

4. At any time after the passing of this Act, and until the

expiration of twelve months from the publication of notice in

Power to Governor

to compulsorily	the Government Gazette declaring the railway open for traffic,
purchase land
within 15 miles of	the Governor may
railway.

(a)

With the object of encouraging the cultivation and settlement of the land compulsorily purchase any land in parcels of not less than one thousand acres, each parcel being the property of one person or two or more persons, jointly or in common, and situated within fifteen miles of any part of the line of the railway, and which land is certified by the Minister for Lands as suitable for closer agricul- tural settlement;

(b)

Compulsorily purchase any land situated as afore-

said for townsites:

Provided that no land shall be compulsorily purchased under paragraph (a) of this section until the Land Purchase Board has favourably reported thereon.

Purchase money to	5. On the determination by the Governor from time to
under Public

be determined

Works Act, 1902.	time to exercise the power conferred by the last preceding section, any land within such defined limits may be taken under the Public Works Act, 1902, and the provisions of that Act shall apply, and the amount of the purchase money shall be determined as compensation is determined under that Act:
Provided that, on the exercise of any such power, or on the acquisition by the Governor within the said period of land situated as aforesaid for any work within the meaning of the Public Works Act, 1902, no regard shall be had to any in- creased value occasioned by the railway, and the purchase money shall be assessed at the probable and reasonable price which the land, with any improvements thereon, or the estate or interest of the claimant therein, might have been expected to realise if offered for sale at the date the land was taken, and if the railway had not been constructed or authorised.
Governor may
require surrender?	6. Before the purchase money is paid for any land com- pulsorily purchased under the authority of this Act, the Gov- ernor may require the claimant to execute a surrender, con- veyance, or transfer of the land to the Crown, or as the Gov- ernor may direct, free from all encumbrances.
etc., to be made.
No, 46 of 1909.

Application of 7. All such land acquired under paragraph (a) of section

four shall be dealt with under the provisions of the Agricul-

1923.] Albany-Denmark Railway Extension. [No. 19.

tural Lands Purchase Act, 1909, and the purchase money may be paid out of any moneys authorised to be raised and ex- pended by that Act, or as therein prescribed.

8. Subject as aforesaid, the Public Works Act, 1902, is in-	inc"Patin°1
2 Edw " ffi

corporated herewith. No. 47.

SCHEDULE.

D eecription of Live of Railway:

Commencing at a point in the Denmark Station Yard on the Albany-Denmark Railway, and proceeding in a generally Westerly direction for a distance of approximately 35 miles ; as more particularly delineated and coloured red on a map marked " P.W.D., W.A., 22441," deposited pursuant to 2 Edward VII., sec. 96. Total length about 35 miles.