Mt. Magnet-Black Range Railway Act 1907 (WA)

WESTERN AUSTRALIA.

ANN() SEPTUM

EDWARDI SEPTIMI REGIS,

XXI.

.3n*e**********.******.,*********************************

No. 21 of 1907.

AN ACT to authorise the Construction of a

Railway from Mt. Magnet to Black Range.

[Assented to 20th December, 1907.]

BE it enacted by the King's Most Excellent Majesty, by and withthe advice and consent of the Legislative Council and Legis-

lative 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 Mt. Magnet-Black Range Short, title.

Railway Act, 1907.

It shall be lawful to construct and maintain a railway from Mt. Magnet to Black Range with all necessary, proper, and usual

Authority to con-

struct.

works and conveniences in connection therewith, along the line

described in the Schedule to this Act.

2.

3. Notwithstanding anything contained in the Public Works Deviation.

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 twenty miles on either side thereof.

1907. No. 21.] Mt. Magnet-Black Range Railway. [7 EDW. VII.

Power to Governor

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

chase land within expiration of twelve months from the publication of notice in the 15 miles of railway. Gove,nntent Gazette declaring the railway open for traffic, the

Governor may, 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 common, and situated within fifteen miles on either side of the line of railway, and which land is certified by the Minister for LAnds as suitable for closer agricultural settlement: Provided that no land shall be compulsorily purchased until the Land Purchase Board has favourably reported thereon.

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

be determined	under Public Works exercise the power conferred by the last preceding section, any land
Act, 1902. 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:

But 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.

Governor may re-

quire surrender, 6. Before the purchase money is paid for any land compulsorily

etc., to be made.	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.
Viet., No. 26.

Application of 60 7. All such land shall be dealt with under the provisions of the

Agricultural Lands Purchase Act, 1896, and the purchase money may be paid out of any moneys authorised to be raised and expended

by that Act, or as therein prescribed.

7 EDW. VII.] Mt. Magnet-Black Range Railway. [1907, No. 21.

SCHEDULE.

MT. MAGNET-BLACK RANGE RAILWAY.

DESCRIPTION OF LINE OF RAILWAY.

Commencing at a point in or near Mt. Magnet Townsite, on the Geraldtou.Cue Railway, and proceeding thence in a generally Easterly direction for about 96 miles, and terminating at a point in or near the Southern boundary of the Townsite of Sandstone, as more particularly determined and coloured red on map marked Part of 12868 deposited as provided for by 55 Victorim, No. 34, Section 10. Total length about 96 miles.

By Authority : FRED. War. SIMPSON, Government Printer, Perth.