Bridgetown-Jarnadup Railway Extension Act 1923 (WA)

BRIDGETOWN-JARNADUP RAILWAY

EXTENSION.

13° GEO. V., No. XLIII.

No. 20 of 1923.

AN ACT to authorise an extension of the Bridgetown-

Jarnadup Railway.

[Assented to 22,nd February, 1923.]

i3E it enacted by the King's Most Excellent Majesty, byCouncil and Legislative Assembly of Western Australia, inand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows :—

1. This Act may be cited as the Bridgetown-Jarnadup short title.

Railway Extension Act, 1923.

No. 20.] Bridgetown-Jarnadup Railway Extension. [1923.

Authority to con-

struct. 2. It shall be lawful to construct and maintain a railway with all necessary, proper, and usual works and conveniences in connection therewith, along the line described in the Sche- dule to this Act.

Devia 3. Notwithstanding anything contained in the Public

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 two miles on either side thereof.

Power to Governor

to compulsorily	4. At any time after the passing of this Act, and until the
purchase land

within 15 miles of

expiration of twelve months from the publication of notice in

railway.

the Government Gazette declaring the railway open for traffic,

the Governor may

(a)

With the object of encouraging the cultivation and settlement of the land compulsorily purchase any laud 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
be determined
under Public

Works Act, 1901	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 laud, with any improvements thereon, or the estate

1923.] Bridgetown-Jarnadup Railway Extension. [No. 20. 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.

6.    Before the purchase money is paid for any land cow- Governor may

pulsorily purchased under the authority of this Act, the Gov- 'en surrender,

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.

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

four shall be dealt with under the provisions of the Agricul- No. "19°9.

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 ill- Incorporation of

corporated herewith.	2 Edw. VII,
No. 47.

SCHEDULE.

Description of Line of Railway.

Commencing at a point in the Jarnadup Station Yard on the Bridgetown- Jarnadup Railway, and proceeding thence along the route of the Jarnadup-Pemberton Saw Mill Siding to Pemberton, about 165 miles ; thence in a generally South-Easterly direction for about 25 miles ; as more particularly delineated and coloured red on a map marked " P.W.D., W.A. 22440," deposited pursuant to 2 Edward NIL, No. 47, sec. 96. Total length about 44.t miles.