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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE COUNCIL
Railway Discontinuance Bill 2000
A Bill for
An Act to provide for the discontinuance of certain portions of
railway and to authorise the disposition of certain material and land,
and for incidental purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Railway Discontinuance Act 2000.
page 1
15--1B
Railway Discontinuance Bill 2000
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. Definitions
5 In this Act --
"Commission" means The Western Australian Government
Railways Commission constituted under the Government
Railways Act 1904;
"Minister for Lands" means the Minister responsible for the
10 administration of the Land Administration Act 1997;
"scheduled land" means the land described in Schedule 1 and
Schedule 2;
"scheduled railways" means the portions of railway
constructed on the scheduled land.
15 4. Discontinuance of scheduled railways, and incidental
matters
The scheduled railways are discontinued, and the material
comprising the scheduled railways, or any portion of that
material, may be --
20 (a) used in the construction or maintenance of any
Government railway, as defined in section 2 of the
Government Railways Act 1904;
(b) used in the construction of any railway authorised to be
constructed under any other Act; or
25 (c) sold, disposed of, or otherwise dealt with.
page 2
Railway Discontinuance Bill 2000
s. 5
5. Disposition of land
(1) The Minister for Lands is to transfer to the Commission in fee
simple, under the Land Administration Act 1997, any land that
becomes Crown land by the operation of section 4 of this Act
5 and section 266 of the Land Administration Act 1997.
(2) The Minister for Lands is to transfer land under subsection (1)
without requiring the payment of any consideration in respect of
that transfer.
6. Power of Commission to deal with land
10 (1) With the approval of the Minister responsible for the
administration of the Government Railways Act 1904, the
Commission may sell or otherwise dispose of any land
transferred to it under section 5.
(2) The Commission is to credit the proceeds of the sale or disposal
15 of land under subsection (1) to the Western Australian
Government Railways General Fund Account referred to in
section 54(2) of the Government Railways Act 1904.
page 3
Railway Discontinuance Bill 2000
Schedule 1 Scheduled land (Fremantle-Kwinana Railway)
Schedule 1 -- Scheduled land (Fremantle-Kwinana
Railway)
[s. 3]
That portion of the land resumed for the Fremantle-Kwinana Railway,
5 being part of the land resumed under authorisation of the Robb's
Jetty-Woodman's Point Railway Act 1902 and the Coogee-Kwinana
Railway Act 1952, more particularly being that portion of land --
(a) commencing at a point where the southern boundary of the
road reserve of Robb Road, Spearwood intersects the eastern
10 boundary of Reserve 43701 to a point where the projected
northern boundary of Lot 1 Cockburn Road, Coogee on LTO
Diagram 10211 intersects the eastern boundary of the railway
reserve; and
(b) then from this point to the northern extent of the
15 discontinuance authorised under the Railway
(Coogee-Kwinana Railway) Discontinuance Act 1973, which
was 16 miles 70 chains by rail from Perth via Fremantle and
is approximately 350 metres north of the projected boundary
of the road reserve of Fairbairn Road, Coogee.
page 4
Railway Discontinuance Bill 2000
Scheduled land (Midland Junction-Welshpool Railway) Schedule 2
Schedule 2 -- Scheduled land (Midland
Junction-Welshpool Railway)
[s. 3]
That portion of land resumed for the Midland Junction-Welshpool
5 Railway, being part of the land resumed under authorisation of the
Midland Junction-Welshpool Railway Act 1957, commencing at the
common boundary of Reserve 44551 and the road reserve of Daddow
Road, Kewdale and terminating at a point where the common
boundary of the railway reserve and the road reserve of Railway
10 Parade, Welshpool intersects the boundary of Lot 156 on LTO
Diagram 74370 and the boundary of Lot 39 on LTO Plan 2597.
page 5
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