Manjimup Mount Barker Railway Act 1926 (WA)

No. 51.1, Iliaajintap-Mount Barker Railway. [1926.

MANJIMUP-MOUNT BARKER RAILWAY.

17° GEO. V., No. LI.

No. 51 of 1926.

AN ACT to authorise the construction of a Railway

from Manjimup to Mount Barker.

[Assented to 24th December, 1926.]

Council and Legislative Assembly of Western Australia, inBE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows :—

Short title.	This Act may be cited as the Manjimup-Mount Barker Railway Act, 1926.
Authority to con .
struct.	2. It shall be lawful to construct and maintain a railway with all necessary, proper, and usual works and conven- iences in connection therewith, along the line described in the Schedule 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 Sched- ule to the extent of five miles on either side thereof.

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

within 15 miles of	the expiration of twelve months from the publication of
railway.	notice in the Gazette declaring the railway open 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 person or two or more persons, jointly or in

[926.] MaiI:limp-Mount Barker Railway. [No. 51.

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. 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, 1902.
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 offered for sale at the date the land was taken, and if the railway had not been constructed or authorised.

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

pulsorily purchased wider the authority of this Act, the reat:ifgiTfner

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 appl ation of o.46 of /909.

ic

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.

8. Subject as aforesaid, the Public Works Act, 1902, of

incorporated herewith. is No 47. No. 47.

No. 51.] Manjimup-illount Barker Railway. [1926.

SCHEDULE.

Description of line of Railway.

Commencing at a point in or near Manjimup Station Yard on the Bridgetown-Jar- nadup Railway, and proceeding thence in a generally South-Easterly direction for about 42 miles thence in a generally Easterly direction for about 58 miles, and terminating at a point in or near the Mount Barker Station Yard on the Great Southern Railway, and as more particularly delineated and coloured red on map marked " P.W.D., W.A., 24987," deposited pursuant to 2 Edward VII., No. 47, Sec. 96. Total length about 100 miles.