Boyup-Kojonup Railway Act 1909 (WA)

WESTERN AUSTRALIA.

ANNO NONO

EDWARD' SEPTUM_ REGIS,

XXXIV.

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No. 38 of 1909,

AN ACT to authorise the Construction of a

Railway from Boyup to Kojonup.

[Assented to 21st December, 1909.]

B E it enacted by the King's Most Excellent Majesty, by and Legislative Assembly of Western Australia, in this present Parlia-

with the advice and consent of the Legislative Council and

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

1. This Act may be cited as the Boyitp-Kajonup Railway Act, Short title.

1909.

2. It shall be lawful to construct and maintain a railway from Maim 0 COD-

Boyup to Kojonup, with all necessary, proper, and usual works strliet

and conveniences in connection therewith, along the line described

in the Schedule to this Act.

3. Notwithstanding anything contained in the Public Works Leviatio

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 five

miles on either side thereof.

4.	At any time after the passing of this Act, and until the	Pow or to Got emu',
to C DININOri ly

expiration of twelve months from the publication of notice in the	purchase land
Government Gazette declaring the railway open for traffic, the	within 15 miles
Governor mar, with the object of encouraging the cultivation and	of railway.

1909, No. 38.] Boyup-Kojonup Railway. [9 }Inv. VII.

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 railway, and which land is certified by the Minister for Lands as suitable for closer agricultural settlement : Provided that no land shall be compulsorily purchased 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

under Public	exercise the power conferred by the last preceding section, any
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:
But 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.

Governor may 6.

Before the purchase money is paid for any land compul- sorily 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.

require surrender,

ete., to be made.

Application of 7.

All such land shall be dealt with under the provisions of the Agricultural Lands Purchase Act, 189(3, and the purchase money may be paid out of any moneys authorised to be raised and expended by that Act, or as therein prescribed.

60 Viet., No. 26.

SCHEDULE.

BOYUP-KOJONUP RAILWAY.

Description of Line of Railway.

Commencing at a point in or near the townsite of Royap on the Donnybrook- Preston Valley Railway, 73 miles 40 chains from Banbury, and proceeding thence in a generally Easterly direction for about 52 miles and terminating at a point in or near the Western boundary of the Kojonnp Station Yard in the Townsite

Ke,jonup th; more particularly delineated and coloured red on map marked

P.W.D.. W.A. 14607, deposited pursuant to 2 Edw. VII., No. 47, See. 96.

Total length about 51 miles.

By authority: A. Cuirris, Acting Government Printer, Perth,