Donnybrook-Preston Valley Railway Act 1906 (WA)

WESTERN AUSTRALIA-

ANNO SEXTO

EDWARDI SEPTIMI REGIS,

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No. 23 of 1906.

AN ACT to authorise the construction of a Railway from Donnybrook via Preston Valley to Upper Blackwood.

[Assented to 14th December, 1906.]

Legislative Assembly of Western Australia, in this presentBE it enacted by the King's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council and

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

1.     This Act may be cited as the Donnybrook-Preston Valley Short title.

Railway Act, 1906.

Donnybrook to Preston Valley, with all necessary, proper, and usual struct. 2. It shall be lawful to construct and maintain a railway from Authority to con-

works and conveniences in connection therewith, along the line

described in the Schedule to this Act.

3.      Notwithstanding anything contained in the Public Works Deviation.

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 ten miles on either side thereof.

1906, No. 23.] Donnybrook-Preston Railway. [6 EDW. VII,

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

to compulsorily pur- expiration of twelve months from the publication of notice in thechase land within

15 miles of railway. Government Gazette declaring the railway open for traffic, the

Governor may, 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 on either side of the line of railway, and which land is certified by the Minister for Lands as suitable for closer agricultural settlement : Provided that no land shall be compulsorily purchased until the Land Purchase Board has favourably reported thereon.

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

be determined

under Public Worksexercise the power conferred by the last preceding section, any land 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:

But 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.

Governor may re-

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

quire surrender, 6.

etc., to be made.

Application of

60 Vict., No. 26. 7.

All such land 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.

6 EDW. VII.] Donnybrook-Preston Railway. [1906, No. 23.

SCHEDULE.

DONNYBROOK-PRESTON VALLEY RAILWAY.

DESCRIPTION OF LINE OF RAILWAY.

Commencing at a point in or near Donnybrook Townsite, on Donnybrook- Bridgetown Railway, and proceeding thence in a generally East-North-Easterly direction for about 17 miles, and thence iu a generally South-Easterly direction for about 33 miles, and terminating at a point in or near the Townsite of Boyup, as more particularly delineated and coloured red on map marked P.W.D., W.A., 12854, deposited as provided for by 55 Victori•, No. 34, Section 10. Total length about 50 miles.

By Authority : FRED. War. rsow, Government Printer, Perth.