Dowerin-Merredin Railway Act 1909 (WA)

WESTERN AUSTRALIA.

ANNO NONO

EDWARDI SEPTIMI REGIS,

XXXV1II.

***********#*.- **Wrir*

No. 42 of 1909.

AN ACT to authorise the Construction of a

Railway from Dowerin to Merredin.

'Assented to 21st December, 1909.]

B E it enacted by the King's Most Excellent Majesty, by andLegislative Assembly of Western Australia, in this present Par-with the advice and consent of the Legislative Council and liament assembled, and by the authority of the same, as follows:-

1. This Act may be cited as the Dowerin-Merredin Railway Short title.

Act, 1909.

It shall be lawful to construct and maintain a railway from Dowerin to Merredin with all necessary, proper, and usual works and conveniences in connection therewith, along the line described in the Schedule to this Act.

Authority to con-

struct.

2.

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 five miles on either side thereof. Deviation.

3.

At any time after the passing of this Act, and until the expiration of twelve months from the publication of notice in the

Pouer to Governor

to compulsorily

purchase land

within 15 miles

of railway.

4.

1909, No. 42.] Dowerin-Merredin Railway. [9 EDW. VII.

" 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 of any part 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 favour- ably reported thereon.

Purchase money

On the determination by the Governor from time to time to 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 com- pensation is determined under that Act:

to be determined 5.

under Public	exercise the power conferred by the last preceding section, any
Works Act, 1902
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.

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

Governor may 6.

require surrender,

etc., to be made.

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

Application of 7.

60 Wet., No. 26.

expended by that Act, or as therein prescribed.

Schedule.

DOW ER IN-ME RREDIN RAILWAY.

Description of Line of Railway.

Commencing at a point in or near the Northern boundary of Doweriu Station yard, on Goomalling-Dowerin Railway, 124 miles 17 chains 68 links from Fre- mantle. and proceeding thence in a generally Easterly direction for about 65 miles. thence in a generally South-South-Easterly direction for about 25 miles, and terminating at a point in or near the Western boundary of Merredin Station yard on Northam-Southern Cross Railway, as more particularly delineated and coloured red on map marked P.W.D., W.A., 1451.5, deposited pursuant to 2 Edw. VII., No. 47, See. 96.

Total length about 90 miles.

By Authority : A. CURTIS. Acting Government Printer, Perth.