Upper Darling Range Railway Extension Act 1911 (WA)

WESTERN AUSTRALIA.

ANNO SECUNDO

GEORGII QUINTI REGIS,

XXI.

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No. 13 of 1912.

AN ACT to authorise an Extension of the

Upper Darling Range Railway.

[Assented to 9th January, 1912.]

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 Upper Darling Range Rail- Short title.

way Extension Act, 1911.

2.      It shall be lawful to construct and maintain a railway with all Authority

necessary, proper, and usual works and conveniences in connection construct.

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 one mile on either side thereof.

1912, No. 13.] Tipper Darling Range Railway. [2 GEO. V.

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

to compulsorily

purchase land	expiration of twelve months from the publication of notice in the
railway.
within 15 miles of	Government Gazette declaring the railway open for traffic, the
Governor may

(a.) With the object of encouraging the cultivation and settle- parcels of not less than one thousand acres, each parcel being the property of one person or two or more per sons, 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 : ment of the land, compulsorily purchase any land in

(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.

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

be determined	under Publicexercise the power conferred by the last preceding section any land
Works Act, 1902. 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 anv 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 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

to he made.

Application of 60

All such lands acquired under paragraph (a) of section four shall be dealt with tinder 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. 7.

2 GEO. V.] Tippet Darling Range Railway. [1912, No. 13.

SCHEDULE.

UPPER DARLING RANGE RAILWAY EXTENSION.

Description of line of Railway :

Commencing at a point in the Canning Mills Station Yard, on the Upper Darling Range Railway, and proceeding thence in a generally South-Easterly direction for about 1 mile 26 chains, and terminating at a point in or near the North-Eastern boundary of Location No. 162, Canning District, as more particu- larly delineated and coloured red on map marked P.W.D., W.A., 16093, deposited pursuant to 2 Edw. VII., No. 47, Sec. 96.

Total length, about 1 mile 26 chains.

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