Newcastle-Bolgart Railway Extension Act 1915 (WA)

WESTERN AUSTRALIA.

ANNO SEXTO

GEORGII QUINTI REGIS,

VII.

► **** *** * * ****************************** ******* **** 41.•

No. 40 of 1915.

AN ACT to authorise a further Extension

of the Newcastle-Bolgart Railway.

I Assented to 27th September, 1915.]

Legislative Assembly of Western Australia, in this present Parlia- BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and

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

1, This Act may be cited as the Newcastle-Bolgart Railway Ex- short title.

tension Act, 1915.

2.    It shall be lawful to construct and maintain a railway, with Authority to

all necessary, proper, and usual works and conveniences in con- construct.

nection 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 one mile on either side thereof.

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

expiration of twelve months from the publication of notice in the

purchase land

within 15 miles of

railway.

1915, No. 40.] Newcastle-Bolyart Railway Extension. [6 GEO. V.

Government Gazette declaring the railway open for traffic, the

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 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 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.

Governor may6. Before the purchase money is paid for any land compulsorily

require surrender, purchased under the authority of this Act, the Governor may

ote., to be made. require the claimant to execute a surrender, conveyance, or trans- fer of the land to the Crown, or as the Governor may direct, free from all encumbrances.

All such land acquired under paragraph (a) of section four shall be dealt with under the provisions of the Agricultural 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.

Application of 7.

No. 46 of 1909.

6 GEO. V.] Newcastle-Bolgart Railway Extension. [1915, No. 40. 3

SCHEDULE.

NEWCASTLE-BOLGART RAILWAY FURTHER EXTENSION.

Description of Line of Railway.

Commencing at a point on Crown Lands near the South-West corner of Location 1510, Melbourne District, and proceeding thence in a generally Northerly direction for about four miles and terminating at a point in Crown Lands near the North-West corner of Location 1518, Melbourne District ; as more particularly delineated and coloured red on map marked P.W.D., W.A., 18377, deposited pursuant to 2 Edward VII., No. 47, Section 96. Total length, about four miles.

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