Naraling-Yuna Railway Act 1911 (WA)

WESTERN AUSTRALIA„

ANNO PRIMO

GEORGII QUINTI REGIS,

XXV.

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No. 14 of 1911.

AN ACT to authorise the Construction of a

Railway from Naraling to Yuna.

[Assented to 16th Febntary, 1911.]

BE it enacted by the King's Most Excellent Majesty, by andLegislative Assembly of Western Australia, in this present Par-with the advice and consent of the Legislative Council and liament assembled, and by the authority of the same, as follows:—

1.    This Act may be cited as the Alaraling-Yuna Railway Act, Short title.

1911.

2.    It shall be lawful to construct and maintain a railway from Authority to eon-

Naraling to Yuna, with all necessary, proper, and usual works and strtictll

conveniences in connection therewith, along the line described in

the Schedule to this Act.

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 five miles on either side thereof.

4. At any time after the passing of this Act, and until the expiration of twelve months from the publication of notice in the

Power to Governor to compulsorily par.

chase land within

Government Gazette declaring the railway open for traffic, the

fifteen miles of

railway.

1911, No. 14.]	Naraling-Yana Railway.	[1 GEO. V.
Governor may

(a.)

With the object of encouraging the cultivation and settle- ment 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 per- sons, 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 aforesaid 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 5. On the determination by the Governor from time to time to

be determined	under Public exercise the power conferred by the last preceding section, any
Works Act, 1902 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 com- pensation 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 Work.: 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 improve- ments 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.

Before the purchase money is paid for any land compul- sorily 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.

Governor may 6.

require surrender

to be made.

All such land acquired under paragraph (a) of section four 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.

Application of 60 7.

Viet" No. 26.

1. GEO. V.] Naraling-Puna Railway. [1911, No. 14.

SCHEDULE.

NARALING—YUNA RAILWAY.

Description of tine of Railway.

Commencing at a point in or near Naraling Station, on the Upper Chapman Railway, and proceeding thence in a generally Northerly direction for about four miles; thence in a generally North-Easterly direction for about five miles; and thence in a generally Easterly direction for about three miles, and terminating at a point in or near the Southern boundary of Location No. 3622, Ynna Agricul- tural Area, as more particularly delineated and coloured red on map marked P.W.D., WA., 15169, deposited pursuan to 2 Edward VII., No. 47, Section 96.

Total length, about twelve miles.

By Authority : FRED. W. &meson., Government Printer, Perth.