Fremantle-Kalgoorlie (Merredin-Coolgardie Section) Railway Act 1912 (WA)

WESTERN AUSTRALIA.

ANNO TERTIO

GEORGII QUINTI REGIS,

X V I.

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No. 35 of 1912.

AN ACT to authorise the Construction of an additional line of Railway from Merredin to Coolgardie, on the Fremantle-Kalgoorlie Rail- way.

[Assented to 10th October, 1.912.]

B F, it enacted by the King's Most Excellent Majesty, by and Legislative Assembly of Western Australia, in this present Parlia-

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 Fremantle-Kalgoorlie (illerre- Short title.

din-Coolyardie Section) Railway Act, 1912.

2.    It shall be lawful to construct and maintain a railway, with sAilltlicio.rity to eon-

a gauge of four feet eight and a-half inches, from Merredin to 'cruet.

Coolgardie, with all necessary, proper, and usual works and. con-

veniences in connection therewith, along the line described in the

Schedule to this Act.

3.    Notwithstanding anything contained in the Public Works Deviation.

Act, 1.902, 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.

1912, No. 35.j Fremantle-Kalgoorlie (Mer •edin-Cool- [3 Gno. V.

ga •die Section) Railway.

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

to compulsorily

purchase land	expiration of twelve months from the publication of notice in the
within 15 miles of
railway.	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, 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;

(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	5. 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
tinder 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 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.
Governor may	6. 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.
require surrender
to be made.
Application of 60	7. All such lands 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.

3 GEO. V.] Fremantle-Kalgoorlie (1llerredin-Cool- 1'1912, No. 35.

gardie Section) Railway.

SCHEDULE.

Description of Line of Railway.

Commencing at a point in or near Merredin Railway Station, on the Fre- mantle-Kalgoorlie Railway, and proceeding thence in an Easterly direction generally alongside the said Railway, terminating at a point in or near the Cool- gardie Railway Station; as more particularly delineated and coloured red on map marked P.W.D., WA., 16574, deposited pursuant to 2 Edward VII., No. 47, Sec. 96.

Total length, about 183 miles.

By A ninon [y' FRED. W M. BB.11' SON , ernineni Printer, Perth.