Katanning-Kojonup Railway Act 1905 (WA)

WESTERN AUSTRALIA.

ANNO QUINTO

EDWARPI SEPTIMI REGIS,

XXVIII.

*******M***********46******M*********irtn*************

No. 28 of 1905.

AN ACT to authorise the construction of a

Railway from Katanning to Kojonup.

[Assented to 23rd December, 1905.]

and Legislative Assembly of Western Australia, in this presentBE it enacted by the King's Most Excellent Majesty, by andwith 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 katanizing-Kojonup Railway Short title.

Act, 1905.

2.      It shall be lawful to construct and maintain a railway from _Authority to eon-

Katanning to Kojonup with all necessary, proper, and usual works &tract.

and conveniences in connection therewith, along the line described

in the Schedule to this Act.

3. Notwithstanding anything contained in the Public Works Act, Deviation.

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. 28.] Katanning-Kojonup Railway. [5 EDW. VII

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

to compulsorily pm- expiration of twelve months from the publication of notice in the

chase land within15 miles of railway. Government Gazette declaring 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.

Purchase money to 5. On the determination by the Governor from tithe to time to under Public Worksbe determined exercise the power conferred by the last preceding section, any land 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 :

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-	6. Before the purchase money is paid for any land compulsorily
quire surrender,

etc., to be made. 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.

Application of co 7. All such land shall be dealt with under the provisions of the

Viet., No. 26. 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 EDW. WI.] Katanning-Kojonup Railway. L1905, No. 28.

SCHE DTJLE.

KATANNING-KOJONUP RAILWAY.

DESCRIPTION OF LINE OF RAILWAY.

Commencing at a point in or near Katanning Townsite, ou Great Southern Railway, about 2851 miles from Fremantle, and proceeding thence in a generally South-Westerly direction for about 28 miles, and terminating at a point in or near Kojonup Townsite, as more particularly delineated and coloured red on map marked P.W.D., W.A., 12194, deposited as provided for by 55 Victorim, No. 34, Section 10. Total length about 28 wiles.

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