MUNICIPALITY OF FREMANTLE. 16° GEO. V., No. XIX. No. 19 of 1925. Short title. Acquisition of land. AN ACT to confer on the Municipality of Fremantle 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. BE [Assented to 4th November, 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 Municipality of Fremantle Act, 1925. 2. Whenever the Municipal Council of Fremantle (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. when acquired. 3. The Council may in respect of any land acquired by Dealing with land 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 thereon; (d) Construct and open any new public way thereon; (f) Generally alter, remodel, and improve such land (g) Sell the whole or any portion of such land, in one (h) Lease the whole or any portion of such land for streets. 4. In addition to, and without limiting any other pro- Power to widen visions 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 (b) The Council may purchase or resume, for the pur- (c) Such purchase or resumption may be carried out say: (i) rights to the continued possession, use, and Power to prescribe new building lines, (ii) rights to the continued possession, use, and occupation of existing buildings above such footway; (iii) rights of erecting, possessing, using, and buildings above such occupying (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. 5. (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 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. (5.) 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. (6.) Any amount due for such compensation may be recoverable as a debt in any court of competent jurisdiction. (7.) Notwithstanding that the Council shall have prescribed a new building line in accordance with the provisions of this section, it may at any time decide to purchase or resume any or all of the lands affected, under the provisions of this Act and the principal Act relating to the purchase or resumption of land. 6. The exercise of any of the powers by this Act conferred on the Council shall be deemed to be works and undertakings within the meaning of section four hundred and thirty-eight of the principal Act. Works deemed to Municipal Corpora tions Act, 1906. be within s. 438 of 7. The Council may, with the consent of the Governor, Borrowing powers. borrow in addition to the sums which it is authorised to borrow under Part XXIV. of the principal Act, any further sums required for the purposes of carrying out any of the works and undertakings which by this Act it is empowered to carry out. All the provisions of the principal Act relating to the borrowing of moneys shall apply to such loans, except those relating to the restriction of the amounts borrowed. tions Act. 8. Section two hundred and seventeen of the principal section 217 of Act is amended by inserting after the word "undertakings," Municipal Corpora in paragraph (a) thereof, the words " and may mortgage the land so purchased to secure to the vendor payment of the purchase money, or any part thereof, with interest " ; and such amendment shall have effect as from the commence. ment of the principal Act. Provided that such amendment of section two hundred and seventeen of the principal Act shall not extend or apply to land purchased or acquired by the Municipal Council of Fremantle for the purposes of this Act, or to the purchase acquisition of land by the council of any municipality for streets or public places. Municipal Corpora 9. Subject to the proviso to section eight, nothing in this Powers under Act shall be deemed to limit the powers conferred on the tions Act, 1906, Council by the principal Act. not restricted, NARROGIN SOLDIERS' MEMORIAL 16° GEO. V., No. XX. Short title. Power to mortgage. 88, 2 and 3. No. 20 of 1925. AN ACT to enable the Narrogin Soldiers' Memorial Institute, [Assented to 4th November, 1925.] BE it by advice and consent of the Legislative E it enacted by the King's Most Excellent Majesty, by 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 Narrogin Soldiers' Memorial Institute Act, 1925. 2. (1) It shall be lawful for the Narrogin Soldiers' See 1917, No. 18, Memorial Institute, Incorporated, with the consent of the Governor, to mortgage Narrogin Lot 1113, being the land comprised in Certificate of Title Volume 886, Folio 38. (2) The land so mortgaged shall, on the exercise by the mortgagee of the power of sale or on foreclosure, vest in the purchaser or in the mortgagee, as the case may be, freed and absolutely discharged from any trust or restrictions to which the land may, for the time being, be subject. (3) No mortgagee of the land shall be bound or concerned to inquire whether any power to mortgage was duly or regularly exercised, or to see in any way to the application of the money advanced or secured. |