Hotham-Crossman Railway Act 1911 (WA)

WESTERN AUSTRALIA.

ANNO SEGUNDO

GEORGII QUINT! REGIS,

XXII.

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No. 14 of 1912.

AN ACT to authorise the Construction of a

Railway from Hotham to Crossman.

[Assented to 9th January, 19121

Legislative Assembly of Western Australia, in this present Parlia- 13E 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 Hotham-Crossman Railway Act, Short title.

1911.

Hotham to Grossman, 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.

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

expiration of twelve months from the publication of notice in the

purchase land with-

in 15 miles of rail-

way.

1912, No. 14.] Hotham-Crossman Railway. [2 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 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 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 to 5. On the determination by the Governor from time to time to

be determined	under Publicexercise the power conferred by the last preceding section, any land
Works, Act, 1902. 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:

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 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,

etc., to be made.

Application of GO 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.

2 GEO. V.] Hatham-Crbssman Railway. [1912, No. 14.

SCHEDULE.

HOTHAM-CROSSMAN RAILWAY.

Description of line of Railway :

Commencing at a point on the Dwellingup-Hotham Railway, near the Eastern boundary of Location No. 351, Williams District, about 26 miles 35 chains from Dwellingup, and proceeding thence in a generally Easterly direction for about 10 miles, and terminating at a point in or near the Eastern boundary of Location No. 10931, Williams District, as more particularly delineated and coloured red on map marked P.W.D., W.A., 16094, deposited pursuant to 2 Edw. VII., No. 47, Section 96. Total length, about 10 miles.

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