Wagin-Dumbleyung Railway Extension Act 1911 (WA)

WESTERN AUSTRALIA.

ANNO PRIMO

GEORGII QUINTI REGIS,

xx

0.n.,....******,:**.*****************************.,***********

No. 9 of 1911.

AN ACT to authorise an Extension of the

Wagin-Dumbleyung Railway.

[Assented to 16th February, 19E .]

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 Wagin-Dumbleyung Railway Short title.

Extension Act, 1911.

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

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

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 five miles on either side thereof.

1911, No. 9.] Wagin-Dumbleyung Railway. [1 GEO. V.

Power to Governor

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

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

(a.)

With the object of encouraging the cultivation and settle- ment 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 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;

(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 Public	exercise the power conferred by the last preceding section, any
Works Aet, 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 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
require surrender	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.
to be made.
Application of 60
Viet., No. 26.	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.

1 GEO. V.] Wagin-Dumbleyung Railway. [1911, No. 9.

SCHEDULE.

WAGIN-DIDIBLEY1TNG RAILWAY EXTENSION.

Description of line of Railway.

Commencing at a point in the Dumbleyung Station Yard, on the Wagin- Dumbleyung Railway, 218m. 17c. 991. from Perth, and proceeding thence in a generally North Easterly direction for about 23 miles, and terminating at a point in or near the North-Eastern boundary of Location No. 9185, Williams District,

as more particularly delineated and coloured red on map marked P.W.D., W.A.

15349, deposited pursuant to 2 Edw. VII., No. 47, Sec.

Total length, about 23 miles.

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