Newcastle-Bolgart Railway Act 1907 (WA)

WESTERN AUSTRALIA.

ANNO SEPTIMO

EDWARDI SEPTIMI REGIS,

XXXII.

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No. 32 of 1907.

AN ACT to authorise the Construction of a

Railway from Newcastle to Bolgart.

[Assented to 20th December, 1907.]

and Legislative Assembly of Western Australia, in this presentBE it enacted by the King's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council

Parliament assembled, and by the authority of the same, as follows:—

1.    This Act may be cited as the Newcastle-Bolgart Railway Short title.

Act, 1907.

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

compensation shall he paid for severance. Compensation shall be paid for any buildings or orchards that may be existing on such lands.

New castle to Bolgart, with all necessary, proper, and usual works Strilet

and conveniences in connection therewith, along the line described

in the Schedule to this Act: Provided that no compensation shall

be paid to any owner or occupier of land, except townsite land,

within a radius of two miles from the starting point taken by the

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.

1907, No. 32.] Newcastle-Bolgart Railway. [7 EDW. VII.

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

to compulsorily pur- expiration of twelve months from the publication of notice in thechase land within

12 miles of railway. Government 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 twelve 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 Worksexercise 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 appl y, 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.

Before the purchase money is paid for any land compulsorily 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,

etc., to be made.

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 A ct, or as therein prescribed.

Viet., No. 26.

7 EDW. VII.] Newcastle-Bolgart Railway. [1907, No. 32.

NEWCASTLE-BOLGART RAILWAY.

Schedule. ---

DESCRIPTION OF LINE OF RAILWAY.

Commencing at a point in or near Newcastle Townsite on the Clackline-Newcastle Railway about 75.4 miles from Fremantle, and proceeding thence in a generally Northerly direction for about 23 miles 51 chains, and terminating at a point in or near the Eastern boundary of Government Reserve No. 776, known as Bolgart, as more particularly delineated and coloured red on map marked P. W.D., W.A., 13465, deposited as provided for by 55 Victoria, No. 34, Section 10. Total length about 23 miles 54 chains.

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

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