Katanning-Nyabing Railway Extension Act 1914 (WA)

WESTERN AUSTRALIA.

ANNO QUINT°

GEORGII QUINTI REGIS,

XLIII.

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No. 16 of 1915.

AN ACT to authorise an Extension of the

Katanning-Nyabing Railway to Pingrup.

[Assented to 18th February, 1915.]

Legislative Assembly of Western Australia, in this present Parlia- with the advice and consent of the Legislative Council and ment assembled, and by the authority of the same, as follows :— BE it enacted by the King's Most Excellent Majesty, by and

1.   This Act may be cited as the Katanning-Nyabing Railway Short title.

Extension Act, 1914.

2.     It shall be lawful to construct and maintain a railway with Authority to

all necessary, proper, and usual works and conveniences in construct.

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 half a mile on either side thereof.

1915, No. 16.] Hatanning-Nyabing Railway Extension. [5 GEO. V.

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

to compulsorily

purchase land	expiration of twelve months from the publication of notice in the
within 15 miles of
railway.	Government Gazette declaring the railway open for traffic, the
Governor may

(a.) With the object of encouraging the cultivation of 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 per- sons, 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 Public	exercise the power conferred by the last preceding section, any
Works Act, 1902.	land 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 com- pensation 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 compulsorily purchased under the authority of this Act, the Governor may require the claimant to execute a surrender, conveyance, or trans- fer of the land to the Crown, or as the Governor may direct, free from all encumbrances.

Governor may 6.

require surrender,

etc., to be made.

7.    All such land acquired under paragraph (a) of section four

Application of No .

46 of 1909. shall be dealt with under the provisions of the Agricultural Lands

Purchase Act, 1909, 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 GEO. V.] Hatanning-Nyabing Railway Extension. [1915, No. 16.

SCHEDULE.

EXTENSION OF THE KATANNING-NYABING RAILWAY TO

PINGRITP.

Description of Line of Railway.

Commencing at a point in the Nyabing Station Yard on the Katanning- Nyabing Railway, and proceeding thence in a generally North-Easterly direction for about four and a half miles, thence in a generally Easterly direction for about five and a half miles, thence in a generally East-South-Easterly direction for about eight and a half miles, thence in a generally North-Easterly direction for about three miles, and terminating at a point in or near Location 336, Kent District, as more particularly delineated and coloured red on map marked P.W.D., W.A., 17912, deposited pursuant to 2 Edw. VII., No. 47, Section 96. Total length, about 211 miles.

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