Dwellingup-Hotham Railway Act 1911 (WA)
WESTERN AUSTRALIA.
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ANNO PRIMO
GEORG1I QU1NTI REGIS,
XXVIII.
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No. 17 of 1911.
AN ACT to authorise the Construction of a
Railway from Dwellingup to Hotham.
[Assented to 16th February, 1911.]
BE it enacted by the King's Most Excellent Majesty, by and
with the advice and consent of the Legislative Council and
Legislative Assembly of \\ P esten' Australia, in this present Par-
liament assembled, and by the authority of the same, as follows :—
1. This Act may be cited as the Dwellingup-Hotham Railway Short title.
Act, 1911.
| 2. | I t shall be lawful to construct and maintain a railway from lnt hor | o eon- |
Dwellingup (formerly known as Marrinup) to Hotham, with all struot. necessary, proper, and. usual 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, H02, 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.
4. At any time after the passing of this Act, and until the Power to Governor
| expiration of twelve months from the publication of notice in the to e„,ttl"1 | 1;ith. |
purchase
in 15 miles of rail-
way.
1911, No. 17.] Dwellingup-Hotham Railway. [1 GEO. V.
Government Gazette declaring the railway open for traffic, the
Governor may--
(a) With the object of encouraging the cultivation and settle
ment 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 milesof 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 Land 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 | ||||
|
| ender | der 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 Act, 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.
Before the purchase money is paid for any land compul- sorily purchased under the authority of this A ct, 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 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.
| 1 GEO. V.] | Dwellingup-Hotham, Railway. | [1911, No. 17. |
SCHEDULE.
D lArEL1 IING U P-110THAM RAILWAY.
Description of Line of Railway :
Commencing at a point in the Dwellingup Station Yard (formerly known as Marrinup), on the Pinjarra-Marrinup Railway, and proceeding thence in a generally South-Easterly direction for about 25 miles, and terminating at a point in or near the Eastern boundary of Location No. 351, Williams District, as more particularly delineated and coloured red on map marked P.W.D., W.A., 15283, deposited as provided for by 2 Edward VII., No. 47, Section 96. Total length, about 25 miles.
By Authority: FRED. WM. SIMPSON, Government Printer, Perth.
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