Lands Resumption Act 1894 (WA)

58 VICTORIA No. 33

The Lands Resumption Act, 1894

WESTERN AUSTRALIA

ANNO QUINQUAGESIMO OCTAVO

VICTOREE REGINA

No. 33

An Act to authorise the Acquisition of Land for certain

Public Purposes. [Assented to 28th November, 1894.

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

1. This Act may be cited as The Lands Resumption Act, 1894.' short title

2. Lands required for any of the following purposes, that is to Power to take

say :— lands

(a) For opening, altering, or diverting roads ; or

(b) For the erection of State schools ; or

(c) For the accommodation of shipping, the lading and

unlading of goods, or for use and occupation in connection with any harbour or other public work ; or

(d) For the construction of, and approaches to bridges, viaducts,

jetties, and wharves ; or

(c) For botanical gardens, parks, pleasure grounds, and places

for public recreation ; or

(f) For public buildings and erections ; or

(g) For the construction of tanks, dams, reservoirs, and

wells ; or

(h) For any works or purposes incidental to any of the

purposes aforesaid

may be taken, under and subject to the provisions of this Act, by the

Governor in Council.

3. Nothing in this Act contained shall be deemed to apply saving

to the waste lands of the Crown, or to in any way affect any right in respect of any land heretofore granted or otherwise disposed of by the Crown, which is reserved to the Crown or any person or persons acting in that behalf by the authority of the Crown, to do any of the acts or things by this Act authorised to be done which, if this Act had not been passed, might lawfully have been done by Her Majesty, her heirs and successors, or any person acting in that behalf by her or their authority, under any such reservation as aforesaid.

4. With the approval of the Governor in Council, any person Power to survey

or persons employed by the Commissioner of Crown Lands, or his rots Vorer

or their servants or assistants, may, from time to time, enter upon

58 VICTORIIE. No. 33

The Lands Resumption Act, 1894

any lands intended to be taken under this Act for the purpose of surveying and marking out the same, and may erect posts, pegs, or other marks thereon in such places as he or they or any of them may think proper.

Penalty on

persons ob-	5. Every person obstructing or interfering with the person or entering on or surveying any land, and every person wilfully or negligently moving, breaking, throwing down, altering, defacing, destroying, injuring, or concealing any such post, peg, or mark as aforesaid shall, on summary conviction before any two or more Justices of the Peace in Petty Sessions, be liable to a penalty not exceeding Ten pounds.
structing, Mc.,	persons so employed, or his or their servants or assistants, while
surveyors, dm.
Bow lands to
be taken	6. (1) When any lands are intended to be taken under this Act the Governor in Council may, by order, declare such intention ; and upon the publication in the ' Government Gazette' of such order setting forth a description of such lands, the same shall be deemed to have been taken, and to have been taken upon the day of the date of such order.
Vesting	(2) Upon the publication of such Order in Council, the lands therein mentioned, and as more particularly defined in the plan thereof hereinafter referred to, and the fee simple and inheritance thereof, together with all rights or easements in or over the same,, and all the estate, use, trust, and interest of every person therein shall thenceforth be vested in Her Majesty, her heirs, and successors,. for ever.
Plan and descrip-
Lion to be kept	7. The Commissioner of Crown Lands shall cause to be prepared and kept in his office a plan and description of any lands taken under this Act, and shall, in all cases in which he may know or be able- to ascertain the name and address of the owner (or his agent) and oc- cupier of such lands, give to such owner (or agent) and occupier notice of the taking of the lands, together with a copy of the said plan and
description.

Compensation 8. Subject to the provisions of this Act, in all cases in which lands

are taken under the authority of this Act, compensation shall be paid to the owner or owners of such lands, and every person having any estate or interest therein, legal or equitable.

No compensation if Crosvu can9. (1) When any land is taken under the authority of this Act the resume whole of which the Crown is entitled to resume under a power of

resumption contained in the grant or other document of title thereof, or to be contained in such grant or document when issued in pursuance of any Land Act or Regulations, then in such case no compensation shall be payable for the land taken under the authority of this Act.

Except for	(2) If the land taken under the authority of this Act. exceeds the quantity which the Crown is entitled to resume as aforesaid, then compensation shall be payable in respect only of the difference in area between such quantity and the whole quantity
excess
taken.

58 VICTORIAL No. 33

The Lands Resumption, Act, 1894

(3) The compensation payable in respect of such difference in In which ease area shall be the sum which bears the same proportion to the amount g;',111,°,`,L,M.,ftot,e, of compensation that would otherwise be payable in respect of the Payable

-whole quantity of land taken, as such difference in area bears to the area of such whole quantity ; and, the compensation that would otherwise be payable in respect of such whole quantity, shall be ascertained as pro- vided in the next following section.

10. In estimating the amount of compensation to be paid in respect Compensation,

of any land taken under the authority of this Act, regard shall be had how estim at	ed
solely to the matters following, that is to say

(a) The probable and reasonable price at which such land in fee simple, with any improvements thereon, may be expected to sell at the time when taken ; and

(b) The damage, if any, sustained by the owner of such land by reason of the severance thereof from the other adjoining lands of such owner, or by reason of such other lands of such owner being otherwise injuriously affected by the taking.

11. When compensation is payable under this Act the provisions Application or of Sections sixteen to nineteen, both inclusive, and of Sections twenty- rf,,Inas,,,",r"

Act, 1893,' relating to the methods of settling compensation, arbitra- tion, and other matters in such sections mentioned, shall apply and be followed, together with the forms in such sections referred to, as nearly as practicable.

one, twenty-three, and twenty-five of The Railways Act, 1878,' and of Acts

the second Section of The Railways Amendment Act, 1882,' and of

12. The provisions of Sections eleven to twenty-nine, both Application of

inclusive, of The Railways Amendment Act, 1879,' and Section rurciraLits

twenty-two of The Railways Amendment Act, 1881,' shall apply to

compensation moneys payable under this Act, and to the payment,

application, and distribution of the same as if such sections had been

herein re-enacted.

13. Whenever the Commissioner' is mentioned in any of the Commissio»er of Ral .emliwasmtsbe

sections referred to in the last two preceding sections of this Act, such

reference shall be deemed to be to the Commissioner of Crown Lands, sioner a crown

and such sections shall be read as if the lands taken under this Act lands

had been taken by the Commissioner of Crown Lands.

14. Section A of The Shortening Ordinance, 1853,' shall be Shortening Or-

incorporated with and taken to form a part of this Act to all intents dnia"e

and purposes, and in as full and ample a manner as if the said section

had been introduced and fully set forth in this Act.

W. C. F. ROBINSON,

GOVERNOR.