SUPPLY, 1925-6.

16° GEO. V., No. X.

Preamble.

Issue and applica

No. 10 of 1925.

AN ACT to apply out of the Consolidated Revenue Fund the sum of Seven Hundred Thousand Pounds, and from moneys to Credit of the General Loan Fund Five Hundred Thousand Pounds, and from moneys to Credit of the Government Property Sales Fund Thirty Thousand Pounds, and from moneys to Credit of the Land Improvement Loan Fund Two Thousand Pounds to the Service of the Year ending 30th June, 1926.

[Assented to 2nd October, 1925.]

MOST GRACIOUS SOVEREIGN,

W the Members of the Legislative Assembly of West

E, Your Majesty's Most Dutiful and Loyal Subjects,

ern Australia in Parliament assembled, towards making good the supply which we have cheerfully granted to Your Majesty in this Session of Parliament, have resolved to grant unto Your Majesty the sum hereinafter mentioned, and do, therefore, most humbly beseech Your Majesty that it may be enacted: And be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same as follows:-

1. There shall and may be issued and applied for or tion of £1,232,000. towards making good the supply granted to His Majesty for the service of the year from 1st July, 1925, to 30th June, 1926, the sum of Seven Hundred Thousand Pounds out of the Consolidated Revenue Fund, and from Moneys to

Credit of the General Loan Fund Five Hundred Thousand
Pounds; and from Moneys to Credit of the Government
Property Sales Fund Thirty Thousand Pounds; and from
Moneys to Credit of the Land Improvement Loan Fund
Two Thousand Pounds; and the Treasurer of Western
Australia is hereby authorised and empowered to issue
and apply the Moneys authorised to be issued and applied.

purposes voted by

2. The said sums shall be available to satisfy the war- Sums available for rants under the hand of the Governor, under the provisions the Legislative of the law now in force, in respect of any Services voted Assembly. by the Legislative Assembly during the financial year ending 30th June, 1926, or issued for such purposes.

CITY OF PERTH.

16 GEO. V., No. XI.

Short title.

Acquisition of land.

Dealing with land when acquired.

No. 11 of 1925.

AN ACT to confer on the City of Perth additional powers relating to the opening, diverting, altering, or increasing the width of streets, and to amend Section 217 of the Municipal Corporations Act, 1906.

B

[Assented to 17th October, 1925.]

E it enacted by the King's Most Excellent Majesty, by and 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:

1. This Act may be cited as the City of Perth Act, 1925.

2. Whenever the Council of the City of Perth (hereinafter referred to as "the Council') may decide that it is necessary or expedient to acquire land under the provisions of section two hundred and seventeen, section two hundred and nineteen, and section four hundred and thirty-eight, subsection (1), of the Municipal Corporations Act, 1906 (hereinafter referred to as the principal Act), for the purpose of opening, extending, diverting, altering, or increasing the width of any streets or footways, the Council shall not be confined to the acquisition of such land as is actually required for such purpose, but it shall be lawful for the Council to acquire or take land on either side or on both sides of the proposed new street, or extended or widened street. for such a depth as the Council shall think fit.

3. The Council may in respect of any land acquired by it under authority of this Act, or the principal Act, do all or any of the following things:

(a) Demolish or repair any buildings or works there

on;

(b) Construct new buildings or erections thereon;

(c) Close, alter, widen, extend, or divert any existing
public way thereon;

(d) Construct and open any new public way thereon;
(e) Alter the levels of such land, and alter existing
drains, and construct new drains and storm-water
sewers thereon;

(f) Generally alter, remodel, and improve such land and
buildings in such manner as the Council may
think fit;

(g) Sell the whole or any portion of such land, in one
or more lots, on such terms and conditions (in-
cluding power to take securities for any balance
of purchase money) as the Council may think fit;
(h) Lease the whole or any portion of such land for
such periods, and on such terms and conditions,
as the Council may think fit.

streets.

4. In addition to, and without limiting any other provi- Power to widen sions of this Act or the principal Act, the Council may widen any street in accordance with the following provisions:

(a) The Council may widen the carriage way of any
street by including therein part or the whole of
the space occupied by footways, and by providing
footways.

(b) The Council may purchase or resume, for the pur-
pose of footways, land abutting on any street,
and such purchase or resumption may extend, to
a limited distance only, above and below or above
or below the ground level or the intended level
of the footway.

(c) Such purchase or resumption may be carried out
on conditions reserving to the owners of the land.
resumed any of the following rights, that is to

say:

(i) rights to the continued possession, use, and
occupation of any existing cellars or
rooms below the level of the new foot-
ways;

(ii) rights to the continued possession, use, and
occupation of existing buildings above
such footway;

Power to prescribe new building lines,

5.

(iii) rights of erecting, possessing, using, and occupying buildings above such footway; and

(iv) rights of support for such buildings.

(d) The Council may construct such footways on land so purchased or resumed, and for that purpose may carry out such structural alterations of existing buildings as may be necessary.

(e) The Council shall pay reasonable compensation for damage or injury caused by the exercise of the powers of this section.

(f) Any question as to the amount of such compensation shall be determined by arbitration under the Arbitration Act, 1895, unless the parties agree upon some other method of determination.

(1.) The Council may by a by-law under the principal Act at any time prescribe a new building line for any street or part of a street.

(2.) Notice in writing of such new building line shall forthwith be served on the owners of all lands affected.

(3.) No owner of any land or building or work affected by such new building line shall construct, build, place, reconstruct, rebuild, replace, or repair any building or work or portion of a building or work upon the land between the old alignment and the and the new, except for the purpose of completing a building already in course of erection at the time of the prescribing of the new building line as aforesaid: Provided that the Building Surveyor (subject to any directions which the Council may give) may approve the execution of minor and not substantial repairs, in order to permit of the reasonable preservation of any existing building or work.

(4.) Any land lying between the old and the new alignment shall be deemed to have been taken by, and shall vest in the Council on the date on which it shall be cleared of buildings and obstructions for the purpose of rebuilding on the new alignment. Compensation shall thereupon be payable by the Council to the owner or person or persons interested: Provided that such compensation shall be calculated as at such date, and shall be limited to a sum representing the depreciation in value (if any) of the remaining land, due to the setting back of the building line.