Upper Chapman Railway Act 1909 (WA)

WESTERN AUSTRALIA.

ANNO OCTAVO

EDWARDI SEPTIMI REGIS,

VIII.

No. 3 of 1909.

AN ACT to authorise the Construction of a

Railway to the Upper Chapman Valley.

[Assented to 16th January, 1909.]

E ittileenzchtei ide by the King's sengt: s Most in Majesty, b t nan I with s

of the Legislative Council } a

lative 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 Upper Chapman Railway Act, Short title.

1909.

2. It shall be lawful to construct and maintain a railway to the strieit tilo.rity to con-

Upper Chapman Valley. with all necessary, proper, and usual works and conveniences in connection therewith, along the line de- scribed 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 five miles on either side thereof.

1909, No. 3.1 Upper Chapman Railway. [8 Dm. VII.

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

to compulsorily pur- • i

chase land within 15expiraton of twelve months from the publication of notice in the miles of railway. " Government Gazette" declaring the railway open for traffic, the

Governor 'nay; 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 favour- ably reported thereon.

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

he determined

under Public Worksexercise the power conferred by the last preceding section, any Act, 1902. land within such defined limits may he 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 :

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 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 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 trans- fer of the land to the Crown, or as the Governor may direct, free from all encumbrances.
etc., to be made.
Application of 69

require surrender,

Viet., No. 26. Agricultural Lands Purchase Act. 1896, and the purchase money

7. All such land shall be dealt with under the provisions of the

may be paid out of any moneys authorised to be raised and ex-

pended by that Act, or as therein prescribed.

8 EDW. V II Upper Chapman Railway. [1909, No. 3.

SCHEDULE.

UPPER CHAPMAN RAILWAY.

DESCRIPTION OF LINE OF RAILWAY.

Commencing at a point in or near Glenfield Station, on Geraldton-North-

/mutton Railway, 8 miles 2 chains 57 links from Geraldton, and proceeding thence

in a generally North-Easterly direction for about 26 miles 13 chains, and termi-

nating at a point in or near Northern boundary of C.P. No. 138/68, Victoria District, as more particularly delineated and coloured red on map marked P.W.D., W.A., 14042, deposited as provided for by 55 Victorim, No. 34, Section 10. Total length, about 26 miles 13 chains.

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