Tambellup-Ongerup Railway Act 1911 (WA)

WESTERN AUSTRALIA.

ANNO PRIMO

GEORG1I QUINT1 REGIS,

XXII.

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No. 11 of 1911.

AN ACT to authorise the Construction of a Rail-

way from Tambellup to Ongerup.

[Assented to 16th February, 1911.]

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

liament assembled, and by the authority of the same, as follows:-

1.    This Act may be cited as the Tainbellup-Onzgerup Railway short title.

Act, 1911.

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

Tambellup to Ongerup, with all necessary, proper, and usual gruel'. works and conveniences in connection 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 ten miles on either side thereof.

1911, No. 11.] Tambellup-Ongerup Railway. [1 GEO. V.

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

purchase land with- expiration of twelve months from the publication of notice in the

in 15 miles of rail- Government Gazette declaring the railway open for traffic. theway.

Governor may

(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 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.

be determinedPurchase money to 5. On the determination by the Governor from time to time to

under Public Works exercise the power conferred by the last preceding section, any 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 im- provements 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

6.

Before the purchase money is paid for any land compul- sorily 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,

etc., to be made.

Application of 60 7.

All such lands acquired under paragraph (a) of Section four 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.

Viet., No. 26.

1 GEO. V.] Tambellup-Ongerup Railway. [1911, No. 11.

SCHEDIJLE.

TAMBELLUP-ONGERUP RAILWAY.

DESCRIPTION OF LINE OF RAILWAY.

Commencing at a point in or near Tambellup Station, on the Great Southern Railway, and proceeding thence in a generally Easterly direction for about 9 miles; thence in a generally North-Easterly direction for about 15 miles ; thence in a generally South-Easterly direction tor about 15 miles ; and thence in a generally North-Easterly direction for 21 miles, and terminating al a point in or near Government Reserve No. 13091, Ongerup Location. Kent District, as more particularly delineated and coloured red on map marked P.W.D., WS., 15258, deposited pursuant to 2 Edward VII., No. 47, Section 96. Total length about 60 miles.

By Authority: FRED. WM. S/MPSON, Government Printer, Perth.