Goomalling-Dowerin Railway Act 1905 (WA)

WESTERN AUSTRALIA.i

ANNO QUINTO

EDWARDI SEPTIMI REGIS,

XXVII.

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No. 27 of 1905.

AN ACT to authorise the Construction of a

Railway from Goomalling to Dowerin.

[Assented to 23rd December, 1905.]

E it enacted by the King's Most Excellent Majesty, by and with

the advice and consent of the Legislative Council and Legis-

lative Assembly of Western Australia, in this present Parliament	B
assembled, and by the authority of the same, as follows:-

1.     This Act may be cited as the Goomalling- Dowerin Railway Short title.

Act, 1905.

Goomalling to Dowerin with all necessary, proper, and usual works street. 2. It shall be lawful to construct and maintain a railway from Authority to con-

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, 1902, 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.

1905, No. 27.] Goomalling-Dowerin Railway. [5 ED W. VII.

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

to compulsorily pur- expiration of twelve months from the publication of notice in the chase land within Government Gazette declaring 15 miles of railway. the railway open for traffic, the Governor may, 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 on either side of the line of railway, and which land is certified by the Minister for Lands as suitable for closer agricultural settlement : Provided that no land shall be compulsorily purchased until the Land Purchase Board has favourably reported thereon.

On the determination by the Governor from time to time to 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:

Purchase money to 5.

be determined exercise the power conferred by the last preceding section, any land

under Public Works	. .
Act, 1002.

But 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 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.

quire surrender,

etc., to be made.

Application of 60

Viet., No. 26. 7.

All such land 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.

5 -Enw. VII.] Goantalling-Dowerin Railway. p 905, No. 27.

SCI—IL DITLE.L

GOOBIALLING-DONCrERIN RAILWAY.

DESCRIPTION OF LINE OF RAILWAY.

Commencing at a point iu or near Goomafling Townsite, on Northani- Goomalling Railway, about 109 miles from Fremantle, and proceeding thence in a generally East-North-Easterly direction for about 13 miles, and terminating at a point in or near Government Reserve No. 4780 of the Dowerin Agricultural Area, as more particularly delineated and coloured red on map marked P.W.D., WA., 12192, deposited as provided for by M Victoria, No. 24, Section 10. Total length about 15 miles.

By Authority: A. Cuxris, Acting Government Printer, Perth.