Busselton-Margaret River Railway Deviation No. 2 Act 1923 (WA)

BUSSELTON-MARGARET RIVER A TT

WAY DEVIATION No. 2.

14° GEo. V., No. XV.

No. 36 of 1923.

AN ACT to authorise a Deviation (No. 2) of Busselton-

Margaret River Railway.

[Assented to 15th December, 1923.]

this present Parliament assembled, and by the authority of	]3 E it enacted by the King's Most Excellent Majesty, by.Council and Legislative Assembly of Western Australia, inand with the advice and consent of the Legislative
the same, as follows:-

Short title.

1. This Act may be cited as the Busselton-Margaret River

Railway Deviation No. 2 Act, 1923.

Busselton-Margaret River Railway Deviation,

No. 36.] No. 2. [1923.

Authority to

construct.	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 Schedule to this Act.
Deviation.	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 Schedule to the extent of one-quarter of a mile on either side thereof for that portion of the line which is outside the limit of de- viation already authorised by the Busselton-Margaret River Railway Deviation Act, 1922.
Power to Governor

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

within 15 miles	expiration of twelve months from the publication of notice in
of 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 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 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	5. On the determination by the Governor from time to
to be determined

under Public	time to exercise the power conferred by the last preceding
Works Act, 1902.
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-

Bvsselton-Margaret River Railway Deviation,

1923.] No. 2. [No. 36.

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.

6. Before the purchase money is paid for any land coin- atom., maider

pulsorily purchased under the authority of this Act, the , to be made:

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.

7. All such land acquired under paragraph (a.) of section Application of No. 40 of 1909,

four shall he 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 expended by that Act, or as therein prescribed.

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

incorporated herewith. No. 47.

SCHEDULE.

BUSSELTON-MARGARET RIVER RAILWAY DEVIATION (No. 2).

Description of Line of Railway.

Commencing at a point on the surveyed centre line of the Busselton- Margaret River Railway Deviation (No. 1), in or near Sussex Location No. 1005, and proceeding thence in a generally Southerly direction for about 2% miles, and terminating at a point in or near Sussex Location No. 1036, and junctioning at that point with the Flinders Bay-Margaret River Railway, and as more particularly delineated and coloured red on map marked P.W.D., W.A., 22879, deposited pursuant to 2 Edward VII, No. 47, Section 96. Total length about 2% miles.