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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Railway Discontinuance Bill (No. 2) 2006
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 railways
Defined Terms
131--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Railway Discontinuance Bill (No. 2) 2006
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 (No. 2) 2006
s. 1
1. Short title
This is the Railway Discontinuance Act (No. 2) 2006.
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 responsible for the
administration of the Land Administration Act 1997;
"scheduled railways" means the railways and portions of
railway described in Schedule 1.
15 4. Discontinuance of scheduled railways, and incidental
matters
(1) The scheduled railways are discontinued.
(2) 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 the Government
Railways Act 1904 section 2; or
(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 (No. 2) 2006
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
dedicated for the scheduled railways that becomes Crown land
5 by operation of 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 responsible for the
administration of the Government Railways Act 1904, 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 (No. 2) 2006
Schedule 1 Scheduled railways
Schedule 1 -- Scheduled railways
[s. 3]
1. That portion of railway constructed under the authority of the
Geraldton and Northampton Railway Act 1873 (now repealed),
5 commencing at a point at the common boundary of Geraldton
Lot 3066 on Deposited Plan 219949 and Forrest Street in Geraldton
and terminating at a point about 60 metres north-west from the
south-westernmost point of Geraldton Lot 3046 on Deposited
Plan 193132 at Bluff Point.
10 2. That portion of railway constructed under the authority of the
Geraldton-Greenough Railway Act 1886 (now repealed) commencing
at a point about 60 metres north-west from the south-westernmost
point of Geraldton Lot 3046 on Deposited Plan 193132 at Bluff Point
and terminating at a point established by the south-westerly projection
15 of the south-eastern boundary of Lot 45 on Diagram 43882.
3. The railway constructed under the authority of the Geraldton Harbour
Works Railway Act 1923 (now repealed).
4. The railway constructed under the authority of the Geraldton Harbour
Works Railway Extension Act 1939 (now repealed).
20
page 4
Railway Discontinuance Bill (No. 2) 2006
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
Authority.......................................................................................................... 3
Minister for Lands............................................................................................ 3
scheduled railways ........................................................................................... 3
page 5
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