Katanning-Nampup Railway Act 1911 (WA)

WESTERN AUSTRALIA.

ANNO PRIMO

GEORGII QUINT I REGIS,

XVIII..

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No. 7 of 1911.

AN ACT to authorise the Construction of a

Railway from Katanning to Nampup.

[Assented to 16th February, 1911.]

Legislative Assembly of Western Australia, in this present Parlia- BE 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 Ifatanninq-Nampup Railway Short title.

Act, 1911.

2.. It shall be lawful to construct and maintain a railway from Authority to con-

Katanning to Nampup, with all necessary, proper, and usual works strut.

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 Power to Governor

expiration of twelve months from the publication of notice in the t?Iftesoemiamntriltyhrur- 15 miles of railway.

1911, No. 7.] Katanaing-Nampup Railway. [1 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 ally part of the line of the railway, and which land is certi- fied 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. Cu the determination by the Governor from time to time to
be determined

under Public Works	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. 1 02, 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.

Before the purchase money is paid for any land compul- sorily purchased under the authority of this A ct, the Governor may require the claimant to execute a surrender, conveyance, or transfer 01 the land to the Crown, or as the Governor may direct, free from all encumbrances.

6.

Governor may

require surrender,

etc., to be made.

Application of 60 7.

All such land acquired under paragraph (a) of section four shall be dealt with under the provisions of the Agricultural Lands Purchase Act, 18914 , 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.

1 GEO. V.] tatanning-Nan pity Railway. [1911, No. 7.

SCHEDULE.

KATANNING-NAMPUP RAILWAY.

DESCRIPTION OF LINE OF RAILWAY.

Commencing at a point in the Katanning Station Yard on the Great Southern Railway, 225 miles 20 chains 31 lima from Perth, and proceeding thence in a generally South-Easterly direction for about L'T miles ; thence in a generally East- erly direction for about 9 miles ; and thence in a generally North-Easterly direc- tion for about 271 miles, and terminating at a point in or near the Eastern boundary of Government Reserve No. 9446, Kojonup District, as more particu- larly delineated and coloured red ou map marked P.W.D., W.A., 15252, deposited pursuant to 2 Edward VII., No. 47, Section 96. Total length about 38 miles.

By Authority: FRED. WM. Sinesox, Government Printer, Perth.