Brookton-Kunjinn Railway Act 1911 (WA)

WESTERN AUSTRALIA.

ANNO PRIMO

GEORGII QUINT! REGIS,

XXVI.

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No. 15 of 1911.

AN ACT to authorise the Construction of a

Railway from Brookton to Kunjinn.

[Assented to 16th February, 1911.]

-DE it enacted by the King's Most Excellent Majesty, by and

with the advice and consent of the Legislative Council and

Legislative Assembly of Western Australia, in this present Par-

liament assembled, and by the authority of the same, as follows:-

1.     This Act may be cited as the Brookton-Kul jinn Railway Short title.

Act, 1911.

2.      It shall be lawful to construct and maintain a railway, with Authority to con-

all necessary, proper, and usual works and conveniences in connec- struct.

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

Act.

3.      Notwithstanding anything contained in the Public Works Deviation.

Act, 1901. it shall be lawful for the Minister for Works to deviate from the line as described in such Schedule to the extent of ten miles on either side thereof.

4.      At any time after the -passing ofi [this Act, and until the Power to Governor

expiration of twelve months from the publication of notice in the tAacsoemIPIrwrilyZ11r- 5

miles of railway.

1911, No. 15.] Broolcton-Kuujinn Railway. [1 GEO. V.

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 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 I nnd Purchase Board has favourably reported thereon.

Purchase money to 5. On the determination by the Governor from time to time to

be determined exercise the power conferred by the last preceding: section, any land

under Public Works

Act, 1902. 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 A ct, 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.

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

Go vernor may re -

quire surrender to sorily purchased under the authority of this Act, the Governor

be made. 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.

All such land acquired under paragraph (a) of section four shall be dealt with under the provisions of the Agricultural Lands Purchase Act, 1896, 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 60 7.

Viet. No. 26.

GEO. V.] Brookton-Kunjiim Railway. [1911, No. 15.

SCHEDULE.

BROOKTON-KUNJINN RAILWAY.

Description of Dine of Railway.

Unman/ming al a point in the Brookton Station pull, on the Great Southern Railway, and proceeding thence in a generally Easterly direction for about fifty miles and terminating at a point in or near Eastern boundary of Lot 39 Kunjimi Agricultural Area, Avon District, as more particularly delineated and coloured red on map marked P.W.D., WA., 15426, deposited pursuant to 2 Edward VII., No. 47. Section 96. Total length about 50 miles.

By Authority: FRED. Wm. SIMPSON, Government Printer, Perth.