Brookton-Dale River Railway Act 1923 (WA)

BROOKTON-DALE RIVER RAILWAY.

14° GEO. V., No. XXIX.

No. 50 of 1923.

AN ACT to authorise the Construction of a Railway from

Brookton to Dale River.

[Assented to 22nd December, 1923.]

Council and Legislative Assembly of Western Australia, inBE it enacted by the King's Most Excellent Majesty,by and 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 Brookton-Dale River

Short title.

Railway Act, 1923.

It shall be lawful to construct and maintain a rail- way with all necessary, proper, and usual works and con- veniences in connection therewith, along the line described

2.

Authority to

construct.

the Schedule to this Act.

1923.1 Brookton-Dale River Railway. [No. 50.

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 Sched- ule to the extent of five miles on the North side thereof, and to the extent of two miles on the South side thereof.

4. At any time after the passing of this Act, and until gooNovoeto r toot to

the expiration of twelve months from the publication of eouttd

notice in the Government Gazette declaring the railway open githinT5 m Ay mara

of railway.

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 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 Pur- chase Board has favourably reported thereon.

5. On the determination by the Governor from time to Purchase =We

time to exercise the power conferred by the last preceding

section, any land within such defined limits may be taken kTodinar

under the Public Works Act, 1902, and the provisions of 'mu"

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.

No. 50.] Brookton-Dale River Railway. [1923.

Governor may 6.

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 sur- render, conveyance, or transfer of the land to the Crown, or as the Governor may direct, free from all encumbrances.

require sur-

render, etc., to

be made.

Application of 7.

All such lands 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.

No. 40 of 1009.

Incorporation of	8.	Subject as aforesaid, the Public Works Act, 1902, is
2 Edw. Va.

No. 47. - incorporated herewith.

SCHEDULE.

BROOKTON–DALE RIVER RAILWAY.

Description of Line of Railway.

Commencing at a point in or near Brooktou Station on the Great Southern Railway and proceeding thence in a generally North-North-Westerly direction for about 2 miles ; thence in a generally Westerly direction for about 6} miles ; thence in a generally

Southerly direction for about 2 miles ; thence in a generally Westerly direction for about 8} miles ; thence in a generally North-Westerly direction for about 7} miles,

and terminating at a point in or near Avon Location 7585, as more particularly delineated and coloured red on map marked P.W.D., W.A. 22925, deposited pursuant to 2 Edward

VII.

, No. 47, Section 96.

Total length, about 26} miles.