Ejanding Northwards Railway Act 1926 (WA)

No. 39.] Ejanding Northwards Railway. [1926.

EJANDING NORTHWARDS RAILWAY.

17° GEO. V., No. XXXIX.

No. 39 of 1926.

AN ACT to authorise the Construction of a Railway from Ejanding Northwards, with a spur line towards

Mollerin.

[Assented to 16th December, 1926.]

i3 E 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:—

Short title. 1.

This Act may be cited as the Ejanding Northwards Railway Act, 1926.

Authority to 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 lines described in the Sche- dule to this Act.

construct.

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 Sche- dule to the extent of five miles on either side thereof.

Power to Governor

to compulsorily	4.	At any time after the passing of this Act, and until the
within 15 miles

Purchase land	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,

1926.] Ejanding Northwards Railway. [No. 39.

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 he compulsorily purchased under paragraph (a) of this section until the Land Purchase Board has favourably reported thereon.

5.    On the determination by the Governor from time to beut? uray to

time to exercise the power conferred by the last preceding under IPulblig t:	section, any land within such defined limits may be taken WorksAct,1002.
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- 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 com- Givennor may

pulsorily purchased under the authority of this Act, the Gov-	reetrig Jr,
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.

7.    All such land acquired under paragraph (a) of section Application of

four shall be dealt with under the provisions of the Agricul- No.46of1000.

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.

8. Subject as aforesaid, the Public Works Act, 1902. is in /21licrr;t4r of

corporated herewith. x(0.

No. 39.] Ejanding Northwards Railway. [1926.

SCHEDULE.

EJANDUCG NORTHWARDS RAILWAY.

Description of Main Line of Railway.

Commencing at a point in the Ejanding Station Yard on the Dowerin-Merredin Railway and proceeding thence in a generally Northerly direction for approximately 55 miles, terminating at a point near the Northern boundary of Location 2318, Ninghan District. Length about 55 miles.

Description of Spur Line of Railway.

Commencing at a point on the above line approximately 44 miles Northerly from Ejanding Station, and proceeding thence in a generally North-Easterly direction for approximately 15 miles, terminating at a point in or near Location 1220, Ninghan District. Length about 15 miles.

All as more particularly delineated and coloured red on map marked P.W.D., W.A., 24654, deposited pursuant to 2 Edw. VII., No. 47, Section 96. Total length about 70 miles.