Yarramony-Eastward Railway Act 1923 (WA)

No. 52.] Yarramony-Easiward Railway. [1923.

YARRAMONY-EASTWARD RAILWAY.

14° GEO. V., No. XXXI.

No. 52 of 1923.

AN ACT to authorise the Construction of a Railway from

Yarramony Eastward.

[Assented to 22nd December, 1923.]

13 E it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

Council and Legislative Assembly of Western Australia, in

this present Parliament assembled, and by the authority of

the same, as follows:-

Short title. 1.

This Act may be cited as the Yarramony-Eastward Railway Act, 1923.

Authority to 2.

It shall be lawful to construct and maintain a rail- way from Yarramony Eastward, with all necessary, proper, and usual works and conveniences in connection therewith, along the line described in the Schedule to this Act.

construct.

Deviation. 3. 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, on the southerly side of such line, of two miles ; and to the extent, on the northerly side thereof, of two miles for the first seventy-two miles, in- creasing from two to five miles for the next six miles, and after seventy-eight miles to the terminus of the line to the extent of five miles.

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

to compalsorny

rchase land the expiration of twelve months from the publication of

wiin 5 mil puth es of

nalway.	notice in the Government Gazette declaring the railway
open for traffic, the Governor may

(a) With the object of encouraging the cultivation and settlement of the land, compulsorily pur- chase 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 agricultural settlement ;

(b) Compulsorily purchase any land situated as afore-

said for townsites

1923.] Yarramony-Eastward Railway. [No. 52.

Provided that no land shall be compulsorily purchased under paragraph (a) of this section until the Land Purchase Board has favourably reported thereon.

On the determination by the Governor from time to 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 : Purchase money r to

5.

t

time o exercise the power conferred by the last preceding ioarekers i n

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.

6.    Before the purchase money is paid for any land ?etZlems1;u1T"ealLer,

compulsorily purchased under the authority of this Act, etc., to be made.

the Governor may require the claimant to execute a sur-

render, conveyance, or transfer of the land to the Crown,

or as the Governor may direct, free from all encumbrances.

7. All such land acquired under paragraph (a) of tration 46 of 9.

section four shall be dealt with under the provisions of the • money may be paid out of any moneys authorised to be raised and expended by that Act, or as therein prescribed.

8. Subject as aforesaid, the Public Works Act, 1902, is Incorpontion of

incorporated herewith. 2 Edw. VII.. No.47.

SCHEDULE,

YARRAMON Y.-EASTWARD RAILWAY.

Description of Line of Railway.

Commencing at a point in or near the Yarramony Station Yard on the Northam-Goomalling Railway, and proceeding thence in a generally East-North- Easterly direction for about thirty-one miles; thence in a generally East-South- Easterly direction for about eleven miles; thence in a generally Easterly direction for about eleven miles; thence in a generally East-North-Easterly direction for about nineteen miles; thence in a generally East-South-Easterly direction for about five-and-a-half miles; thence in a generally Easterly direction for about eight miles; and there terminating, as more particularly delineated and coloured red on /nap marked P.WD., W.A., 22759, deposited pursuant to 2 Edw. Yll., No 47, Section 96. Total length, about 85 miles.