Boyanup-Busselton Railway Extension Act 1914 (WA)

WESTERN AUSTRALIA.

ANNO QUINT()

GEORGII QUINTI REGIS,

XLIV.

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No. 17 of 1915.

AN ACT to authorise an Extension of the Boyanup-Busselton Railway to Margaret River.

[Assented to 18th February, 1915.]

BE it enacted by the King's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council and

Legislative Assembly of Western A ustralia, in this present Parlia-

ment assembled, and by the authority of the same, as follows:—

1.

This Act may be cited as the Boyanup-Busselton Railway Extension Act, 1914. Short title.

2.

It shall be lawful to construct and maintain a railway, with all necessary, proper, and usual works and conveniences in con-

Authority to con-

struct.

nection therewith, along the line described in the Schedule to this

Act.

3. Notwithstanding anything contained in the Public Works Deviation.

Act, 1902, it shall be lawful for the Minister for Works to deviate from the line as described in such Schedule to the extent of one mile on either side thereof.

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

Power to Governor

to compulsorily

expiration of twelve months from the publication of notice in the purchase land

Government

within 15 miles of

railway.

1915, No. 17.] Boyanup-Busselton Railway Extension. [5 GEO. V.

Government Gazette declaring the railway open for traffic, the

Governor may

(a.) With the object of encouraging the cultivation of settle ment 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 per- sons, 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 agricultural settlement ;

(b.) Compulsorily purchase any land situated as aforesaid 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 5. On the determination by the Governor from time to time to

to be determined	exercise the power conferred by the last preceding section, any
under Public
Works Act, 1902.	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 com- pensation 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 increased value occasioned by the railway, and the purchase money shall be assessed at the probable and reasonable price which the land, with any improve- ments 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.

Before the purchase money is paid for any land compulsorily purchased under the authority of this Act, the Governor may require the claimant to execute a surrender, conveyance, or transfer of the land to the Crown, or as the Governor may direct, free from all encumbrances.

Governor may 6.

require surrender,

etc., to be made.

All such land acquired under paragraph (a) of section four shall be dealt with under the provisions of the Agricultural Lands Purchase Act, 1909, and the purchase money may be paid out of any moneys authorised to be raised and expended by that Act, or as therein prescribed.

Application of 7.

No. 46 of 1909.

5 GEo. V.) Boyanup-Busselton Railway Extension. [1915, No. 17.

SCHEDULE.

EXTENSION OF THE BOYANUP-BUSSELTON RAILWAY TO

MARGARET RIVER.

Description of Line of Railway.

Commencing at a point in or near the Busselton Station on the Boyanup- Busselton Railway, and proceeding thence in a generally South-Westerly direction for about three and a-half miles ; thence in a generally Westerly direction for about six miles ; thence iu a generally North-Westerly direction for about one and a-half miles, thence in a generally Westerly direction for about two miles ; thence iu a generally South-Westerly direction for about three miles ; thence in a generally Southerly direction for abbut twenty-one miles, and terminating at a point in or near Government Reserve No. 13378, Sussex District, and junctioning with the Flinders Bay-Margaret River Railway, as more particularly delineated and coloured red on map marked P.W.D., W.A. 17915, deposited pursuant to 2 Edward VII., No. 47, Section 96. Total length about 37 miles.

By Authority: PRED. WM. SIMPSON, Government Printer, Perth,