Wagin-Dumbleyung Railway Act 1905 (WA)

WESTERN AUSTRALIA.

ANNO QUINTO

EDWARDI SEPTIAII REGIS,

XXV I.

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No. 26 of 1905.

AN ACT to authorise the Construction of a

Railway from Wagin to Dumbleyung. -

[Assented to 23rd December, 1905.]

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

Parliament assembled, and by the authority of the same, as follows:—

1.     'I his Act may be cited as the Wagin-Dumbleyung Railway short title

Act, 1905.

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

Wagin to Dumbleyung, with all necessary works and conveniences struct

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.

1905, No. 26.] Wagin-Dumblegung Railway. Di EDW. VII.

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

to compulsorily pur- expiration of twelve months from the publication of notice in the

chase land within 15

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 tune to

be determined	under Public Worksexercise the power conferred by the last preceding section, any land
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 :

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 mice 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.

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.

Governor may 6.

require surrender,

etc., to be made.

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.

Application of 60 7.

Viet., No. 26.

5 EDW. VII.] 1Vagin-Dumbleyung Railway. [1.905, No. 26.

SCHEDULE.

WAGIN-DUMBLEYUNG RAILWAY.

DESCRIPTION OF LINE OF RAILWAY.

Commencing at a point in or near Wagin Towusite, on Great Southern Railway, about 203 miles from Fremantle, and proceeding thence in a generally Easterly direction for about 30 miles, and terminating at a point in or near Government Reserve No. 9671, Williams District, as more particularly delineated and coloured red on map marked P.W.D., W.A., 12193, deposited as provided for

by 55 -Vinton.% No. 34, Section 10. Total length, about 30 miles.

By Authority : A. CURTIS, Acting Government Printer, Perth.