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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Railway Discontinuance Bill 2005
CONTENTS
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
4. Discontinuance of scheduled railways, and
incidental matters 2
5. Disposition of land 3
6. Power of Authority to deal with land 3
Schedule 1 -- Scheduled land
(Fremantle-Kwinana Railway)
Schedule 2 -- Scheduled land
(Midland Junction-Welshpool
Railway)
078--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Railway Discontinuance Bill 2005
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 related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Railway Discontinuance Bill 2005
s. 1
1. Short title
This is the Railway Discontinuance Act 2005.
2. Commencement
This Act comes into operation on the day on which it receives the
5 Royal Assent.
3. Terms used in this Act
In this Act --
"Authority" means the Public Transport Authority of Western
Australia established by the Public Transport Authority
10 Act 2003 section 5;
"Minister for Lands" means the Minister to whom the
administration of the Land Administration Act 1997 is for
the time being committed by the Governor;
"scheduled land" means the land described in Schedule 1 and
15 Schedule 2;
"scheduled railways" means the portions of railway
constructed on the scheduled land.
4. Discontinuance of scheduled railways, and incidental
matters
20 (1) The scheduled railways are discontinued.
(2) The material comprising the scheduled railways, or any portion
of that material, may be --
(a) used in the construction or maintenance of any
Government railway, as defined in the Government
25 Railways Act 1904 section 2;
(b) used in the construction of any railway authorised to be
constructed under any other Act; or
(c) sold, disposed of, or otherwise dealt with.
page 2
Railway Discontinuance Bill 2005
s. 5
5. Disposition of land
(1) The Minister for Lands is to transfer to the Authority 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 the Land Administration Act 1997 section 266.
(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 Authority to deal with land
10 (1) With the approval of the Minister to whom the administration of
the Government Railways Act 1904 is for the time being
committed by the Governor, the Authority may sell or otherwise
dispose of any land transferred to it under section 5.
(2) The Authority is to credit the proceeds of any sale or disposal of
15 land under subsection (1) to the Public Transport Authority
Account referred to in the Public Transport Authority Act 2003
section 32.
page 3
Railway Discontinuance Bill 2005
Schedule 1 Scheduled land (Fremantle-Kwinana Railway)
Schedule 1 -- Scheduled land (Fremantle-Kwinana
Railway)
[s. 3]
That portion of the land acquired for the purpose of the
5 Fremantle-Kwinana Railway 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,
maintaining the integrity of the East Perth to Cockburn North section
of railway, commencing in Spearwood at a line formed by the easterly
10 projection of the southern boundary of Lot 3 on Plan 17373 and
proceeding southerly for a distance of about 2.7 km, terminating at the
northern extent of the 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
15 approximately 350 m north of Fairbairn Road, Coogee.
page 4
Railway Discontinuance Bill 2005
Scheduled land (Midland Junction-Welshpool Railway) Schedule 2
Schedule 2 -- Scheduled land (Midland
Junction-Welshpool Railway)
[s. 3]
That portion of land acquired for the purpose of the Midland Junction
5 Railway under authorisation of the Midland Junction-Welshpool
Railway Act 1957 commencing at the intersection of the
north-western side boundary of Pilbara Street, Welshpool with the
southern boundary of Lot 451 on Plan 9521, from there proceeding
westerly and southerly for a distance of about 2.9 km, terminating at
10 the north-eastern boundary of Railway Parade, Welshpool where it
adjoins the land in Diagram 34950.
page 5
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