AN ACT to authorise the Construction of a [Assented to 21st December, 1909.] 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 Dowerin-Merredin Railway Short title. Act, 1909. 2. It shall be lawful to construct and maintain a railway from Authority to conDowerin to Merredin with all necessary, proper, and usual works struct. and conveniences in connection 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 five miles on either side thereof. 4. At any time after the passing of this Act, and until the Power to Governor expiration of twelve months from the publication of notice in the to compulsorily purchase land "Government within 15 miles of railway. Purchase money to be determined under Public "Government Gazette" declaring the railway open for traffic, the Governor may, 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 railway, and which land is certified by the Minister for Lands as suitable for closer agricultural settlement: Provided that no land shall be compulsorily purchased 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 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 compensation is determined under that Act: Governor may etc., to be made. But 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 compulrequire surrender, sorily 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. Application of 60 Vict., No. 26. 7. All such land shall be dealt with under the provisions of the Agricultural Lands Purchase Act, 1896, and the purchase money may be paid out of any moneys authorised to be raised and expended by that Act, or as therein prescribed. Schedule. DOWERIN-MERREDIN RAILWAY. Description of Line of Railway. Commencing at a point in or near the Northern boundary of Dowerin Station yard, on Goomalling-Dowerin Railway, 124 miles 17 chains 68 links from Fremantle, and proceeding thence in a generally Easterly direction for about 65 miles, thence in a generally South-South-Easterly direction for about 25 miles, and terminating at a point in or near the Western boundary of Merredin Station yard on Northam-Southern Cross Railway, as more particularly delineated and coloured red on map marked P.W.D., W.A., 14515, deposited pursuant to 2 Edw. VII., No. 47, Sec. 96. Total length about 90 miles. By Authority: A. CURTIS, Acting Government Printer. Perth. AN ACT to constitute the Metropolitan Water, Sewerage, and Drainage Area; to establish the method of control, and for other purposes incidental thereto. [Assented to 21st December, 1909.] 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: PART I.-PRELIMINARY. 1. This Act may be cited as the Metropolitan Water Supply, Short title. Sewerage, and Drainage Act, 1909. 2. This Act shall come into operation on a day, not later than Commencement. the first day of May, one thousand nine hundred and ten, to be fixed by proclamation.* Provided that by such proclamation the operation of this Act, or any part thereof, may be restricted to any districts named in the proclamation, and may by any subsequent proclamation be extended to any other district. 3. * Proclaimed to come into operation 24th January, 1910. 21st January, 1910. See " Government Gazette," Division. Repeal. First Schedule. See 1904, No. 14, s. 3. 3. This Act is divided into Parts as follows: PART I. PART PART PART PART PRELIMINARY, Ss. 1-5. II. THE AREA AND DISTRICTS, SS. 6, 7. IV.-WATER RESERVES, SS. 13-17. V.-VESTING OF PROPERTY AND THE CONSTRUCTION AND MAINTENANCE OF WORKS, SS. 18-35. PART VI. WATER SUPPLY, SS. 36-57— (1.) The Supply and Distribution of Water, 36-46. (2.) The Protection of Works and the Prevention of Waste, ss. 47-57. PART VII.-DRAINAGE, SS. 58-71. 4. The Acts mentioned in the First Schedule are hereby repealed: But such repeal shall not affect any right, privilege, obligation or liability acquired, accrued, or incurred under such Act. or any Act thereby repealed, or any act, deed, matter. or thing lawfully done thereunder; And notwithstanding such repeal: All proceedings and things lawfully had or done by the proper authority under or in pursuance of any of the said Acts shall be and continue of the same force and effect, to all intents and purposes, as if no repeal had taken place. All by-laws lawfully made under any of the said Acts, and in force at the commencement of this Act, shall, until amended or repealed under this Act, continue in force and be deemed to have been made under this Act. All All rate books and lists of ratepayers made under any of the said Acts, and in force at the commencement of this Act, shall be deemed to have been made under this Act, and this Act shall apply to the same accordingly. All rates and other moneys which, at the commencement of this Act, are due and payable, or accruing due under any of the said Acts, shall be and become due and payable to, and shall be received and may be recovered by the Minister appointed under this Act. All penalties and forfeitures imposed under any of the said Acts, and incurred before the commencement of this Act, may be enforced by the Minister appointed under this Act. All rights, liabilities, contracts, and engagements of any authority constituted under any of the said Acts, and existing at the commencement of this Act, shall be vested in and shall attach to and may be enforced by or against the Minister appointed under this Act. All actions and proceedings pending at the commencement of this Act by or against any authority constituted under any repealed Act may be carried on and prosecuted by or against the Minister appointed under this Act. All books and documents made evidence under any of the said Acts shall continue evidence to the same extent as if the said Acts had not been repealed. Except so far as there is anything in this Act inconsistent therewith, this Act shall apply to all matters and things made, done, or commenced under any of the said repealed Acts, as if this Act had been in force at the time, and the Minister had been duly appointed thereunder. 5. In this Act, unless the context otherwise indicates, the fol- Interpretation. lowing terms shall have the meanings set against them respectively, that is to say: "Area"-The Metropolitan Water, Sewerage, and Drainage "By-laws"-By-laws made by the Minister under the author- "Catchment Area"-All land over, through, or under which "District"-A water district or sewerage district or storm. "Drain"-Every part of any conduit laid through, under, or See 1904, No. 14, 8. 4. by |