Busselton-Margaret River Railway Deviation Act 1922 (WA)

1923.] Busselton-Margaret River Railway Deviation. [No. 3.

BUSSELTON-MARGARET RIVER

RAILWAY DEVIATION.

13° GEO. V., No. XXVI.

No. 3 of 1923.

AN ACT to authorise a Deviation of Busselton-Margaret

River Railway.

[Assented to 22nd February, 1923.]

BE 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 BusseltonAlargaret River Short

Railway Deviation Act, 1922.

2. It shall be lawful to construct and maintain a railway, A cgruicti. to

with all necessary, proper, and usual works and conveniences in connection therewith, along the line described in the Sche- dule to this Act.

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 one mile on either side thereof.

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

expiration of twelve months from the publication of notice in giitriestig80,

the Governnzent Gazette declaring the railway open for traffic, railway.

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

No. 3.] Busselton-Margavet River Railway Deviation. [1923.

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.

On the determination by the Governor from time to 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:

Purchase money 5.

to be determined

under Public	time to exercise the power conferred by the last preceding
Works Act, 1902.
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 land, with any improvements 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.

Before the purchase money is paid for any land com- pulsorily purchased under the authority of this Act, the Gov- 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.

Governor may 6.

require surrender,

etc., to be made.

Application of No. 7. All such land acquired under paragraph (a) of section 46 of 1900. 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 ex- pended by that Act, or as therein prescribed.

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

No. 47. corporated herewith.

1923.] Busselton-Margaret River Railway Deviation. [No. 3.

SCHEDULE.

BUSSELTON-MARGARET RIVER RAILWAY DEVIATION.

Description of Line of Balmy.

Commencing at a point on the surveyed centre line for the extension of the Boyanup-Busselton Railway to Margaret River, in or near Government Reserve No. 7686, Sussex District, and proceeding thence in a generally Southerly direction for about 53/4 miles and terminating at a point in or near Sussex Location No. 1011, and junctioning with the Flinders Bay-Margaret River Railway, as more particularly delineated and coloured red on map marked P.W.D., WA., 22174, deposited pursuant to 2 Edward VII., No. 47, Section 96. Total length about 514 miles.