sewerage rates, meter rent, sanitary and pan rates in respect of land of which he is in occupation as owner. The payment of such rates shall be deferred, and the same shall be payable only on the sale of the property or the death of the pensioner, but in the meantime they shall become a first charge on the property, subject to any rights of a mortgagee existing at the time of the passing of this Act. ALBANY-DENMARK RAILWAY EXTENSION. 13° GEO. V., No. XLII. No. 19 of 1923. AN ACT to authorise an extension of the Albany-Denmark Railway. B [Assented to 22nd February, 1923.] 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 Albany-Denmark Railway Short title. Extension Act, 1923. construct. 2. It shall be lawful to construct and maintain a railway Authority to with all necessary, proper, and usual works and conveniences in connection therewith, along the line described in the Schedule 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 Schedule to the extent of two miles on either side thereof. 4. At any time after the passing of this Act, and until the expiration of twelve months from the publication of notice in Power to Governor the Government Gazette declaring the railway open for traffic, the Governor may to compulsorily purchase land' within 15 miles of railway. Purchase money to be determined under Public Works Act, 1902, Governor may require surrender etc., to be made. Application of (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, 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 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. 5. On the determination by the Governor from time to 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 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. 6. Before the purchase money is paid for any land compulsorily purchased under the authority of this Act, the Governor may require 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. 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. 8. Subject as aforesaid, the Public Works Act, 1902, is in- Incorporationtof corporated herewith. 2 Edw. VII.,} No. 47. SCHEDULE. Description of Line of Railway: Commencing at a point in the Denmark Station Yard on the Albany-Denmark Railway, and proceeding in a generally Westerly direction for a distance of approximately 35 miles; as more particularly delineated and coloured red on a map marked “P.W.D., W.A., 22441,” deposited pursuant to 2 Edward VII., sec. 96. Total length about 35 miles. BRIDGETOWN-JARNADUP RAILWAY EXTENSION. 13° GEO. V., No. XLIII. No. 20 of 1923. AN ACT to authorise an extension of the Bridgetown- [Assented to 22nd February, 1923.] 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 Bridgetown-Jarnadup Short title. Railway Extension Act, 1923. Authority to construct. Deviation. Power to Governor to compulsorily purchase land within 15 miles of railway. Purchase money to be determined under Public Works Act, 1902. 2. 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 Schedule to this Act. 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 of two miles on either side thereof. 4. At any time after the passing of this Act, and until the expiration of twelve months from the publication of 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 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 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. 5. On the determination by the Governor from time to 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 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 etc., to be made. 6. Before the purchase money is paid for any land compulsorily purchased under the authority of this Act, the Gov- require surrender, ernor may require 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. Application of 7. All such land acquired under paragraph (a) of section. four shall be dealt with under the provisions of the Agricul- No. 46 of 1909. 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. 8. Subject as aforesaid, the Public Works Act, 1902, is incorporated herewith. Incorporation of SCHEDULE. Description of Line of Railway. Commencing at a point in the Jarnadup Station Yard on the BridgetownJarnadup Railway, and proceeding thence along the route of the Jarnadup-Pemberton Saw Mill Siding to Pemberton, about 16 miles; thence in a generally South-Easterly direction for about 28 miles; as more particularly delineated and coloured red on a map marked" P.W.D., W.A. 22440," deposited pursuant to 2 Edward VII., No. 47, sec. 96. Total length about 44 miles. |