Boyup Brook-Cranbrook Railway Act 1926 (WA)

1926.] Boyup Brook-Cranb rook Railway. [No. 40.

BOYUP BROOK-CRANBROOK RAILWAY.

17° GEO. V., No. XL.

No. 40 of 1926.

AN ACT to authorise the Construction of a Railway from

Boyup Brook to Cranbrook.

[Assented to 16th December; 19261

Council and Legislative Assembly of Western Australia,BE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

in this present Parliament assembled, and by the authority

of the same, as follows :-

1.    This Act may be cited as the Boyup Brook-Gran- Short title,

brook Railway Act, 1926.

It shall be lawful to construct and maintain a rail- way from Boyup Brook to Cranbrook, with all necessary, proper, and usual works and conveniences in connection therewith, along the line described in the Schedule to this Act.	Authority to con-
struct.

2.

3.    Notwithstanding anything contained in the Public Deviation.

Works Act, 1902, it shall be lawful for the Minister for Works to deviate from the line as described in such Sche- dule to the extent of five miles on either side thereof.

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

the expiration of twelve months from the publication of Elirglainee	lariodr With.
notice in the Government Gazette declaring the railway open rallnY'
for traffic, the Governor may

(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

No. 40.] Boyup Broolc-Craubrook Railway. [1926.

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 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.

mehase money to 5. On the determination by the Governor from time determin ed

ider Public	to time to exercise the power conferred by the last pre-
orks Act, /902.
ceding 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 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.

overnor may 6. Before the purchase money is paid for any land

quire amender,

,c., to be made. 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.

pplication of 60 7. All such land acquired under paragraph (a) of section

let., No. 26. four shall be dealt with under the provisions of the Agricul-

tural 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.

1926.] Boyup Brook-Cranbrook Railway. [No. 40.

SCHEDULE.

BOYUP BROOK-CRANBROOK RAILWAY.

Description of Line of Railway :

Commencing at a point in or near the Boyup Brook Station Yard on the Donnybrook-Katanuing Railway, and proceeding thence in a generally South-Easterly direction for about 41 miles, thence in a generally Easterly direction for about 151 miles, thence in a generally North-Easterly direction for about 7 miles, thence in a generally Easterly direction for about 22} miles, thence in a generally South-Easterly direction for about 14 miles and terminating at a point in or near the Cranbrook Station Yard on the Great Southern Railway, as more particularly delineated and coloured red on map marked P.W.D., W.A., 24734, deposited pursuant to 2 Edw. VII.,

No. 47, Section 96. Total length, about 100 miles.