Wyalcatchem-Mount Marshall Railway (Extension No. 2) Act 1922 (WA)

WYALCATCHEM-MOUNT MARSHALL

RAILWAY (EXTENSION No. 2).

13° GEO. V., No. IV.

No. 22 of 1922.

AN ACT to authorise a further extension of the Wyal-

eatehem-Mount Marshall Railway.

[Assented to 13th November, 1922.]

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:—

1.    This Act may be cited as the TVyalcatchem-Mount short title.

Marshall Railway (Extension No. 2) Act, 1922.

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

with all necessary, proper, and usual works and conveniences construc.

in connection therewith, along the line described in the Sche-

dule to this Act.

3.    Notwithstanding anything contained in the Public Deviation.

Works Act, 1902, it shall be lawful for the Minister for Works to deviate from the line as described in. such Sche- dule to the extent of one mile on either side thereof.

No. 22.] Wyaleatehem-Mount Marshall Railway [1922.

(Extension No. 2).

Power to Governor

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

within 15 miles

expiration of twelve months from the publication of notice in

of railway

the Government Gazette declaring the railway open for traffic,

the Governor may

(a)

With the object of encouraging the cultivation and settlement of the laud, 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 of any part of the line of the railway, and which land is certified by the Minister for Lands as suitable for closer agricul- tural settlement;

(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 Laud Purchase Board has favourably reported thereon.

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

be determined

World Act, 1902.

time to exercise the power conferred by the last preceding 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 in- creased 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 surrender,

etc., to be made. 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.

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

four shall be dealt with under the provisions of the Agricul-

1922.] Wyalcatchem-Mount Marshall Railway [No. 22.

(Extension No. 2).

tural Lands Purchase Act, 1909, and the purchase money may be paid out of any moneys authorised to be raised and ex- pended by that Act, or as therein prescribed.

8. Subject as aforesaid, the Public Works Act, 1902, is in- Incorporation of] 2 Edw. VII.,

corporated herewith. No. 47.

SCI1EDULE.

WYALCATCHEM-MOUNT MARSHALL RAILWAY EXTENSION No. 2.

Description of line of Railway.

Commencing at a point on the Wyalcatchem-Mount Marshall Railway Extension, near the Eastern boundary of Avon Location 14103, about 25 miles from Beneubbin Station and proceeding thence in a generally Eastern direction for about 7 miles to

a point on or within one mile of Avon Location 15390, as more particularly delineated and coloured red on map marked P.W.D., W.A., 21778, deposited pursuant to 2 Edward

VII.

, No. 47, Section N.

Total length, about 7 miles.