Esperance Northwards Railway Extension Act 1922 (WA)

ESPERANCE NORTHWARDS RAILWAY

EXTENSION.

13° GEO. V.. No. XVII.

No. 35 of 1922.

AN ACT to authorise an Extension of the Esperanee-

Northwards Railway.

[Assented to 30th December, 1922.]

BE 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 Esperance Northwards

Railway Extension Act, 1922.

Authority to

construct. 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 line described in the Sche- dule to this Act.

1922.] Esperance Northwards Railway Extension. [No. 35.

3. Notwithstanding anything contained in the Public Deviation.

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 one mile 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 ptour=peurgy the Government Gazette declaring' the railway open for trac, :turIalw1:,;.infiffies

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, 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 towusites:

Provided that no land shall be 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 Entrer to

time to exercise the power conferred , by the last preceding under Public	w Works Act, /902.
section, any land within such defined limits may be taken under the Public Works Act, 1909, 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 laud was taken, and if the railway had not been constructed or authorised.

No. 35.] Esperance Northwards Railway Extension. [1922.

Before the purchase money is paid for any laud com- pulsorily purchased under the authority of this Act, the Gov- 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.

Governor may- 6.

require surrender,

etc., to be made.

All such lands acquired under paragraph (a) of section four shall be dealt with under the provisions of the Agricul- tural Lands Purchase Act, 1.909, 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.

Application of 7.

No. 46 of 1009.

Incorporation of	8.	Subject as aforesaid, the Public Works Act, 1902, is in-
2 Edw. VII.,

No. 47. corporated herewith.

SCHEDULE.

ESPERANCE–NORTHWARDS RAILWAY/ EXTENSION.

Description of line of Railway.

Commencing at a point in or near Government Reserve 8102, and proceeding thence in a generally North-North-Westerly direction for about 6 miles, and terminating at a point in or near Government Reserve 13328, as more particularly delineated and coloured red on map marked P.W.D., W.A. 21870, deposited pursuant to 2 Edward

VII.

, No. 47, Section 9.

Total length, about 6 miles.