Lake Grace-Newdegate Railway Act 1923 (WA)

No. 49.] Lake Grace-Newdegate Railway. [1923.

LAKE GRACE-NEWDEGATE RAILWAY.

14° GEO. V., No. XXVIII.

No. 49 of 1923.

AN ACT to authorise the Construction of a Railway from

Lake Grace to Newdegate.

[Assented to 22nd December, 1923.]

B E 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 tide. 1.

This Act may be cited as the Lake Grace-Newdegate Railway Act, 1923.

Authority to

construct. 2.

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

Deviation. 3.

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 Sche- dule to the extent of five miles on either side thereof.

Power to GovernCa'

to compulsorily 4.

At any time after the passing of this Act, and until the.

the Government Gazette declaring the railway open for traffic,

the Governor may

purchase land

within 15 miles	expiration of twelve months from the publication of notice in (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 person or
of railway.

1923.7 Lake Grace-Arewdegate Railway. [No. 49.

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 agri- cultural 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.

On the determination by the Governor from time to time to exercise the power conferred by the last preceding	Purchase money to
be determined
under Public
Works Act,
section, any land within such defined limits may be taken	1002.
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 in- creased 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.

5.

Before the purchase money is pai.d for any land com- pulsorily purchased under the authority of this Act, the	require snrrende s,Governor may
etc., to be made.
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.

6.

All such land acquired under paragraph (a) of section four shall be dealt with under the provisions of the Agricul- tural 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. Applicationrof No.46 of INC

7.

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

8.

No. 49.] Lake Grace-Newdeyate Railway. [1923.

SCHEDULE.

LAKE GRACE-NE\VDEGATE RAILWAY.

Description of Line of Railway.

Commencing at a point in the Lake Grace Station Yard, on the Wagin- Kukerin-Lake Grace Railway, and proceeding thence in a generally East-North- Easterly direction for about 15 miles; thence in a generally Easterly direction for about 6 miles; thence in a generally East-North-Easterly direction Tor about 6 miles; thence in a generally South-Easterly direction for about 10 miles, and terminating at or near the Southern boundary of Roe Location 101, as more particularly delineated and coloured red on map marked P.W.D., W.A., 22922, deposited pursuant to 2 Edward VII., No. 47, Section 96.

Total l3ngth, about 37 miles.