GOVERNMENT RAILWAYS ACT 1904

Table of Provisions

• Long Title

PART I -- Preliminary  

• 1 Short title
 
• 2 Terms used
 
• 2AA Certain leased land continues to be part of government railway
 
• 2A Relationship of this Act to Rail Safety National Law (WA) Act 2015
 
• 3 Property in things on Crown land that is part of government railway
 
• 4 Authorisation of construction of government railway on Crown land, effect of on the land
 
• 7 Evidentiary provision as to government railways

PART III -- The direction, management, maintenance and control of the Western Australian government railways  

• 13 Authority to manage government railways; Authority’s powers
 
• 14 Authority may join any body formed for improvement of railways
 
• 15 Protection of railway, Authority’s powers to construct works for
 
• 18 Level crossings, gates etc. at etc.
 
• 23 By-laws
 
• 24 By-laws made under s. 23, general provisions as to
 
• 25 Carriage of goods by rail, Authority may determine conditions of etc.
 
• 26 Insurance of goods carried by rail, agreements as to
 
• 26A Carriage of people and freight, contracts as to
 
• 27 Authority’s liability for goods left on railway premises
 
• 30 Lien for charges for carriage of goods by rail
 
• 31 Goods may be sold on refusal to pay charges
 
• 32 Goods of unknown owner etc. left on railway, sale of
 
• 33 Proceeds of sale under s. 31 or 32, application of
 
• 34 Dangerous goods, carriage of by rail
 
• 35 Legal proceedings relating to railway, Authority may bring etc.
 
• 36 Legal proceedings relating to railway to be brought against Authority
 
• 37 Authority deemed to be common carrier
 
• 38 Plaintiff in action for personal injuries to submit to medical examination
 
• 40 No liability of Authority in certain cases
 
• 43 Offences
 
• 45 Offences relating to tickets etc.
 
• 46 Offences involving intent to defraud
 
• 47 Term used: free pass
 
• 48 Offences on railways
 
• 49 Arrest power
 
• 50 Authority etc. may remove danger etc. caused by breach of Act or by-law
 
• 51 Offences by railway employees
 
• 53 Cattle trespassing on railway, powers as to
 
• 53A Infringement notices

PART V -- Agreements concerning railway property  

• 61 Use of railways by other rail service operators
 
• 63A Railway land at Joondalup and Subiaco, Authority’s power to grant lease of
 
• 63B Lease of railway land to Co-operative Bulk Handling Ltd.
 
• 64 Other powers not excluded by this Part
 
• 66A Tourist railways

PART VI -- Sidings  

• 68 Authority may agree to work siding in connection with railway

PART VII -- Miscellaneous provisions  

• 72 No railway to cross government railway without Authority’s consent
 
• 73 Authority may appoint and dismiss certain employees
 
• 74 Special constables for railways, appointment of etc.
 
• 76 West Super Plus Pty Ltd, Authority’s powers as to
 
• 77 Decisions under s. 73, appeal against to Appeal Board
 
• 78 Appeal Board, constitution of
 
• 80 Appeals, commencing etc.
 
• 81 Decision of Board
 
• 82 Appeals, procedures on
 
• 83 Appeal Board’s powers
 
• 84 Regulations
 
• 88 Rates etc. exemption for government railways
 
• 92 Ministers, departments etc., functions of not affected by this Act
 
• 94 Prosecutions
 
• 95 Representation of Authority in summary proceedings
 
• 96 Evidentiary provisions
 
• 98 Regulations
  Uncommenced provisions table   Other notes Defined terms