Yilliminning-Kondinin Railway Extension Act 1914 (WA)

WESTERN AUSTRALIA.

ANNO QUINTO

GEORGII Q1UINTI REGIS,

XLI.

***SO* ********M*************M************************

No. 14 of 1915.

AN ACT to authorise an Extension of the

Yilliminning-Kondinin Railway to Menedin.

[Assented to 18th February, 1915.]

Legislative Assembly of Western Australia, in this present Parlia- BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and

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

1. This Act may be cited as the Yilliminning-Xondinin Railway Short title.

Extension Act, 1914.

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

all necessary, proper, and usual works and conveniences in con- street.

nection 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 one mile on either side thereof.

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

expiration of twelve months from the publication of notice in the

purchase land

within 15 miles of

railway.

1915, No. 14.] Yilliminnt _f-Kondinin Railway Extension. E8 GEO. V.

Government Gazette declaring the railway open for traffic, the

Governor may

(a.)	With the object of encouraging the cultivation of 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 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 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	exercise the power conferred by the last preceding section, any
under Public
Works Act, 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.

Before the purchase money is paid for any land compulsorily 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,	purchased under the authority of this Act, the Governor may require
etc., to be made.

All such land acquired under paragraph (a) of section four shall be dealt with under the provisions of the Agricultural 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.

Application of No. 7.

46 of 1909.

5 GEO. V.] Y illiminning-Kontlinin Railway Extension. [1915, No. 14.

SCHEDULE.

EXTENSION OF THE YlLLIMINNING-KONDININ RAILWAY

TO MERREDIN.

Description, of Line of Railway.

Commencing at a point on the Yilliminning-Kondinin Railway in or near the South-Western boundary of Location 15105, Avon District, and proceeding thence in a generally North-North-Easterly direction for about twenty-four miles, thence in a generally North-Easterly direction for about twenty-six miles, thence in a generally Northerly direction for about 18 miles, thence in a generally North-Westerly direction for about twenty miles and terminating at a point in or near the Merredin Station Yard on the Eastern Goldfields Railway, as more particularly delineated and coloured red on map marked P.W.D., WA., 17914, deposited pursuant to 2 Edward VII., No. 47, Section 96. Total length about 88 miles.

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