Piawaning Northwards Railway Act 1920 (WA)

1920.] Piawaning Northwards Railway. [No. 37.

PIAWANING-NORTHWARDS

RAILWAY.

11° GEO, V., No. XXXVII.

No. 37 of 1920.

AN ACT to authorise the Construction of a Railway from

Piawaning Northwards.

[Assented to 31st December, 1920.]

i3E it enacted by the King's Most Excellent Majesty, byCouncil and Legislative Assembly of Western Australia, inand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows-

1.    This Act may be cited as the Piawaning Northwards Short title.

Railway Act, 1920.

2.    It shall be lawful to construct and maintain a railway gl=lott.

from Piawaning Northwards, with all necessary, proper, and usual works and conveniences in connection therewith, along the line described in the Schedule to this Act.

3.    Notwithstanding anything contained in the Public Deviation.

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 five miles on either side thereof.

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

expiration of twelve months from the publication of notice in so

imalreseorriallisla5y.

the Government Gazette declaring the railway open for traffic,

the Governor may

(a)

With the object of encouraging the cultivation of 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 agricul- tural settlement;

(b)

Compulsorily purchase any land situated as afore-

said for townsites :

No. 37.] Piawaning Northwards Railway. [1920.

Provided that no land shall be compulsorily purchased under paragraph (a) of this section until the Land Purchase Board has favourably reported thereon.

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

Public Worksmined under time to exercise the power conferred by the last preceding Act, 1902. 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:

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 in- creased 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

require sur- 6.

Before the purchase money is paid for any land com- pulsorily purchased under the authority of this Act, the Gov- ernor may require the claimant to execute a surrender, con- veyance, or transfer of the land to the Crown, or as the Governor may direct, free from all encumbrances.

render, etc., to

be made.

Application of

No. 46 of 1909. 7.

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

Incorporation

of 2 Ed. WI., 8. Subject as aforesaid, the Public Works Act, 1902, is

No 47. incorporated herewith.

SCHEDULE.

PIAWANI NG-NOR THWARDS RAILWAY.

Description o f Line of Railway.

Commencing at a point in or near the Piawaning Station Yard on the Newcastle-Bolgart Railway Extension, and proceeding thence in a generally Northerly direction for about 24 miles, and terminating at a point about one mile East of the North-East corner of Midland Subdivision 601, such point being on the Northern boundary of Midland Location 931, Melbourne District, as more particularly delineated and coloured red on map marked P.W.D., W.A., 21414, deposited pursuant to Edward VII., No. 47, Section 96.

Total length, about 24 miles.