Port Hedland-Marble Bar Railway Act 1907 (WA)

WESTERN AUSTRALIA.

ANNO SEPTIMO

EDWARDI SEPTUM REGIS,

V.

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No. 5 of 1907.

AN ACT to authorise the Construction of a

Railway from Port lledland to Marble Bar.

[Assented to 19th September, 1907.]

-DE it enacted by the King's Most Excellent Majesty, by and and Legislative Assembly of Western Australia, in this present1) with 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 Port Hedland-Marble Bar Short title.

Railway Act, 1907.

It shall be lawful to construct and maintain a railway from Port Hedland to Marble Bar with all necessary, proper, and usual works and conveniences in connection therewith, along the line described in the Schedule to this Act.	Authority to con-
struct.

2.

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 twenty miles on either side thereof.

1907, No. 5.] Port Hedland-Marble Bar Railway. [7 EDW. VII.

Power to Governor

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

chase land within 15

expiration of twelve months from the publication of notice in the

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 fifteen 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 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:

be determined

under Public Works	exercise the power conferred by the last preceding section, any land
Act, 1902.
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.
Governor may

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.

require surrender, 6.

etc., to be made.

Application of 60

Vict., No. 26. 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 Act, or as therein prescribed.

7 EDW. VII.] Port Hedland-Marble Bar Railway. [1907, No. 5.

SCHEDULE.

PORT HEDLAND-MARBLE BAR RAILWAY.

DESCRIPTION OF LINE OF RAILWAY.

Commencing at a point in or near Port Hedland Townsite, and proceeding thence in a generally South-Easterly direction for about 90 miles ; thence in a generally Southerly direction for about 251, miles, and terminating at a point in or near Marble Bar Townsite, as more particularly delineated and coloured red on map marked P.W.D., W.A., 12857, deposited as provided for by 55 Victorive, No. 34, Section 10. Total length about 1151 miles.

By Authority: FRED. WM. SIMPSoN, Government Printer, Perth.