Lake Grace-Karlgarin Railway Act 1928 (WA)

1928.] Lake Grace-Karlyarin Railway. [No. 23

LAKE GRACE-KARLGARIN RAILWAY.

19° GEO. V., No. XXIII.

No. 23 of 1928.

AN ACT to authorise the Construction of a Railway from

Lake Grace to Karlgarin.

[Assented to 27th December, 4928.1

1)E it enacted by the King's Most Excellent Majesty, by

1Ij and with the advice and consent of the Legislative

Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows

1.    This Act may be cited as the Lake Grace-.Karlgarin Short title.

Railway Act, 1928.

Authority to

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

2.

3.    Notwithstanding anything contained in the Public Deviation.

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.

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

the expiration of twelve months from the publication of ;)%rettandlY rlitwtarry16 miles of a

notice in the GOVC1117 ent Gazette declaring the railway open 16

for traffic, the Governor may

(a) 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

No. 23.] Lake Grace-Karlgarin Railway. [1928.

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.

Purchase money to ae determined5. On the determination by the Governor from time to

Ant. and° Palle Works time to exercise the power cordoned by the last preceding

section, any 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 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 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.

Governor may	6. Before the purchase money is paid for any land com- pulsorily 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.
eta., to be made.
Application of
No. 46 of 1909.	7. All such land acquired underparagraph (a) of section 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.
Incorporation of	8. Subject as aforesaid the Public Works Act, 1902, is incorporated herewith.

require surrender,

2 Edw. VII., No. 47. • •

1928.] Lake Grace-Karlgarin Railway. [No. 23.

SCHEDULE.

LAKE GRACE-KARLGARIN RAILWAY.

Description of Route of Railway.

Commencing at a point in or near the existing Lake Grace Railway Station, on the Wagin-Newdegate Railway, and proceeding thence in a gener- ally north north.essterly direction for about 40 miles, and thence about 8 miles in an easterly direction, and terminating at a point about 1 mile east by north from the N.E. corner of Roe Location 448, as more par- ticularly delineated and coloured red on map marked P.W.D., W.A. 25981 deposited pursuant to the Public Works Act, 1902.

Total length about 54 miles.