Esperance Northwards Railway Act 1914 (WA)

WESTERN AUSTRALIA.

ANNO QUINTO

GEORGII QIJINTI REGIS,

xxxv.

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No. 8 of 1915.

AN ACT to authorise the Construction of a

Railway from Esperance Northwards.

[Assented to 10th February, 1915j

Legislative Assembly of Western Australia, in this present Parlia- BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and

ment assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Esperance Northwards Railway Short title.

Act, 1 914.

2. It shall be lawful to construct and maintain a railway from Authority to

Esperance Northwards, with all necessary, proper, and usual works

construct.

and conveniences in connection therewith, along the line described

in the Schedule to this Act.

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 mile on either side thereof. Deviation.

3.

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

expiration of twelve months from the publication of notice in the purchase land with- in 15 miles of rail- way.

1915, No. 8.] Esperance Northwards Railway. [5 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 per- sons, 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 agricultural settlement ;

(b.) Compulsorily purchase any land situated as aforesaid for

tow nsites ;

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

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 compensation is determined under that Act :

be determined 5.

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

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.

require surrender, 6.

etc., to be made.

Application of 60 7.

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.

Viet., No. 26.

5 tho. V.] Esperance Northwards Railway. [1915, No. 8.

SCHEDULE.

ESPERANCE NORTHWARDS RAILWAY.

Description of Line.

Commencing at a point in or near Government Reserve 2815, Esperance Township, and proceeding thence in a generally North-North-Westerly direction for about 32 miles ; thence in a generally Northerly direction for about 17 miles ; thence in a generally North-North-Westerly direction for about 11 miles, and terminating at a point in or near Government Reserve 8102, as more particularly delineated and coloured red on map marked P.W.D., W.A., 17401, deposited pursuant to 2 Edw. VII., No. 47, Section 96. Total length about 60 miles.

By Authority: FRED. WM. SIMPSON, Government Printer, Perth.