Norseman-Salmon Gums Railway Act 1924 (WA)

NORSEMAN-SALMON GUMS RAILWAY.

15° GEO. V., No. XXVII.

No. 27 of 1924.

AN ACT to authorise the Construction of a Railway from

Norseman to Salmon Gums.

[Assented to 31st December, 19241

flE it enacted by the King's Most Excellent Majesty, by 11 and with the advice and consent of the Legislative Council and Legislative 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 Norseman-Salmon Short title.

Gums Railway Act, 1924.

No. 27.] AV orseman-Salmon Gums Railway. [1924.

Authority to

construct. 2. It shall be lawful to construct and maintain a railway with all necessary, proper, and usual works and con- veniences 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 Schedule to the extent of one mile on either side thereof.

Power to Governor

to compulsorily

4. At any time after the passing of this Act, and until (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 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 ;

purchase land

within 15 miles

the expiration of twelve months from the publication of

of railway.

notice in the Gazette declaring the railway open for traffic,

the Governor may

(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.

Purchase money to

be determined	5. On the determination by the Governor from time to time to exercise the power conferred by the last preceding 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 :
under Public
Works Act, 1902.
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

1924.] Norseman-Salmon Gums Railway. [No. 27.

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 r°417,7";:gder, cumbrances.compulsorily purchased under the authority of this Act,

etc., to be made.

the Governor may require the claimant to execute a

surrender, conveyance, or transfer of the land to the

7. All such lands acquired under paragraph (a) of section Application of No. 46 of 1909.

four shall be dealt with under the provisions of the Agricul- tural 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, Marraan of

is incorporated herewith.

SCHEDULE.

NORSEMA_N-SALMON GUMS RAILWAY.

Description of Line of Railway.

Commencing at a point in or near Norseman Station Yard, on the Coolgardie-Norseman Railway, and proceeding thence in a generally Southerly direction for about seven miles ; thence in a generally South- Westerly direction for about seven miles ; thence in a generally South- South-Westerly direction for about twenty miles ; thence in a generally Southerly direction for about eight miles ; thence in a generally South- South.Easterly direction for about seventeen miles, and terminating at a point at or near the North end of Salmon Gums Station Yard, on the Esperance-Northwards Railway Extension as more particularly delineated and coloured red on map marked P.W.D., W.A., 23457, deposited pursuant to 2 Edward VII., No. 47, Section 96. Total length, about 59 miles.