Jandakot Railway Act 1904 (WA)

WESTERN AUSTRALIA.

ANNO TERM

EDWARDI SEPTIMI REGIS,

XXXII.

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No. 17 of 1904.

AN ACT to authorise the Construction of a Railway from Woodman's Point to Jandakot.

[Assented to 16th <Tammy, 1904.]

and Legislative Assembly of Western Australia, in this presentBE it enacted by the King's Most Excellent Majesty, by and

with the advice and consent of the Legislative Council Parliament assembled, and by the authority of the same, as follows:—

1.     THIS Act may be cited as the Jandakot Railway Act, 1904. Short title.

2.      IT shall be lawful to construct and maintain a railway, with Authority to eon-

all necessary, proper, and usual works and conveniences in connec- struet.

tion therewith, along the line described in the Schedule to this Act.

3.      NOTWITHSTANDING anything contained in the Railways Deviation.

Act, 1878, it shall be lawful for the Commissioner of Railways to deviate from the line as described in such Schedule to the extent of four miles on either side thereof.

1904, No. 17.] fandakot Railway. [3 EDW. VII.

Power to Governor 4.

AT any time after the passing of this Act, and until 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 eight miles on either side of the actual line of rail- way, or within a radius of eight miles of the terminal point thereof, 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 favour- ably reported thereon.

to compulsorily pur-

chase land within	expiration of twelve months from the publication of notice in the
eight miles of
railway.	Government Goz.e, declaring the railway open for traffic, the
Purchase money to

be determined 5.

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 as if the laud had been taken thereunder, and the amount of the purchase money shall be determined as compensation is determined under that Act :

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

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 re-

quire surrender, .6. BEFORE the purchase money is paid for any land taken

etc., to be made.	under 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.
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.

3 EDW. VII.] Jandakot Railway. [1904, No. 17.

SCHEDULE.

JANDAKOT RAILWAY.

DESCRIPTION OF LINE OF RAILWAY.

Commencing by a junction with the Fremantle–Woodman's Point Railway, and proceeding thence in a generally East-South-Easterly direction for about 6 miles 40 chains, and terminating near the intersection of-the Forrest and Beenyup Roads; as more particularly delineated and coloured red on Map marked P.W.D., W.A., 10364, deposited as provided for by 55' Victorim, No. 34, Section 10. Total length, about 6 miles 40 chains.

By Authority: War. ALVES]) WATSON, Government Printer, Perth.