Wyalcatchem-Mount Marshall Railway Extension Act 1919 (WA)

1919.] Wyalcatchem-Mt. Marshall Railway. [No. 52.

WYALCATCHEM-MT. MARSHALL

RAILWAY.

10° GEO. V., No. XL.

No. 52 of 1919.

AN ACT to authorise an Extension of the Wyaleatehem-

Mount Marshall Railway.

[Assented to 17th December, 1919.]

Council and Legislative Assembly of Western Australia, inBE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:—

This Act may be cited as the Wyalcatchem-Mount Marshall Railway Extension Act, 1919.	Short title.
Authority to

1.

It shall be lawful to construct and maintain a railway, with all necessary, proper, and usual works and conveniences in connection therewith, along the line described in the Sche- dule to this Act. co»struct.

2.

Notwithstanding anything contained in the Public Works 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.	Deviation.
Power to

3.

At any time after the passing of this Act, and until the expiration of twelve months from the publication of	Governor to compulsorily
purchase land within 15 miles
notice in the Gazette declaring the railway open for traffic,	of railway.
the Governor may

4.

(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, anal 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 agri- cultural settlement;

No. 52.] Wyalcatchem-Mt. Marshall Railway. [1919.

(b) compulsorily purchase any land situated as afore-

said 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 be	5. On the determination by the Governor from time to
determined

under Public	time to exercise the power conferred by the last preceding
Works Act,
1902.	section, any 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 compensation 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 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.

Governor may 6. Before the purchase money is paid for any land COM-require &Erroll- dmearaeetc., to be pulsorily purchased under the authority of this Act, the Gov-

ernor may require the claimant to execute a surrender, con- veyance, or transfer of the land to the Crown, or as the Gov- ernor may direct, free from all encumbrances.

Appbcation of

No. 46 of 1909. 7. All such land acquired under paragraph (a) of section

four shall be dealt with under the provisions of the Agricul- tural Lands Purchase Act, 1909, and the purchase money may be paid out of any moneys authorised to be raised and expended by that Act, or as therein prescribed.

SCHEDULE.

Description of Line of Railway.

Commencing at a point at or near Bencubbing Station on the Wyalcatchem-Mount Marshall railway, and proceeding thence in a gener- ally Eastern direction for about ten miles, thence in a generally South- Easterly direction for about fifteen miles to a point on or within live miles of Reserve A11206, as more particularly delineated and coloured red on Map marked P.W.D., WA., No. 21012, deposited pursuant to 2 Edw. VII., No. 47, see. 96.