Kulja Eastward Railway Act 1928 (WA)

No. 6.] _kulja Eastward Railway. [1928.

KULJA EASTWARD RAILWAY.

19° GEO. V., No. V14,4

No. 6 of 1928.

AN ACT to authorise the Construction of a Railway from

Kulja Eastward.

[Assented to 20th October, 1928.]

BE it enacted by the King's Most Excellent Majesty, byCouncil and Legislative Assembly of Western Australia, inand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority

of the same, as follows :—

Short title. 1. This Act may be cited as the Kula Eastward Rail-

way Act, 1928.

It shall be lawful to construct and maintain a rail- way, with all necessary, proper, and usual works and con- veniences in connection therewith, along the line described in the Schedule to this Act.

Authority to

construct. 2.

Notwithstanding anything contained in the Public Works 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.

Deviation. 3.

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

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

(a) With the object of encouraging th.e 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

1928.] Kulja Eastward Railway. [No. 6.

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 afore-

said 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.

5.      011 the determination by the Governor from time to Purchase money to

time to exercise the power conferred by the last preceding Idittrworks

section, any land within such defined limits may be taken a

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 ally 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 improvements thereon, or the estate or interest of the claimant therein, might have been expected to realise if the railway had not been constructed or authorised.

6.    Before the purchase money is paid for any land com- Governor may

pulsorily purchased under the authority of this Act, the 'eat=

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.

7. All such land acquired under paragraph (a) of section Application of Eo. 40 of Iwo.

four shall be dealt with under the provisions of the Agri- cultural 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.

Subject as aforesaid to Public Works Act, 1902, is incorporated herewith. Incorporation of 2 Edw. VII., No. 47.

8.

No. 6.] K'ulja Eastward Railway. [1928.

SCHEDULE.

KULJA EASTWARD RAILWAY.

Description of Line of Railway.

Commencing at a point in or near the Kulja Station Yard on the Ejanding North- wards Railway (now under construction) and proceeding thence in a generally Easterly direction for about fifty-five miles, thence in a generally South-Easterly direction for about nineteen miles, and terminating at a point in or near the Western boundary of Lease No. 131/97 (Ninghan District), as more particularly delineated and coloured red on map marked P.W.D., W.A., 25753, deposited pursuant 'o the Public Works Act, 1902.

Total length about 74 miles.