Bunbury Railway Lands Act 1985 (WA)

Western Australia

Bunbury Railway Lands Act 1985

This Act was repealed by the Public Transport Authority Act 2003 s. 146 (No. 31 of 2003) as at 1 Jul 2003 (see s. 2 and Gazette 27 Jun 2003 p. 2384).

Western Australia

Bunbury Railway Lands Act 1985 Contents[if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \t &#34;Heading 2,2,yScheduleHeading,2,yHeading 2,2,zHeading 2,3,zyScheduleHeading,3,zyHeading 2,3,Heading 3,4,yHeading 3,4,zHeading 3,5,zyHeading 3,5,Heading 4,6,yHeading 4,6,zHeading 4,7,zyHeading 4,7,Heading 5,8,yHeading 5,8,zHeading 5,9,zyHeading 5,9&#34; \t &#34;nHeading 2,2,nHeading 3,8&#34; \n &#34;2-7&#34; \w \* MERGEFORMAT <span style='mso-element:field-separator'></span><![endif] — Citation2 — Interpretation3 — Land revested in Her Majesty4 — Further land revested in Her Majesty5 — Road closures6 — Reserve No. 9666 cancelled7 — Reserve No. 24397 cancelled8 — Reserve No. 3753 amended9 — Reserve No. 15927 amended10 — Reserve No. 31563 amended11 — Disposition of land12 — Power of Commission to deal with landNotesCompilation table —

Western Australia

Bunbury Railway Lands Act 1985

Bunbury Railway Lands Act 1985

An Act revesting certain lands in Her Majesty, enabling the grant of certain lands to The Western Australian Government Railways Commission, closing certain roads and relating to certain reserves and other lands in Bunbury.

Be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: — 

1.Citation

This Act may be cited as the Bunbury Railway Lands Act 1985.

2.Interpretation

In this Act — 

“Commission” means The Western Australian Government Railways Commission constituted under the Government Railways Act 1904;

“the plan” means Lands and Surveys Miscellaneous Plan No. 1520.

3.Land revested in Her Majesty

All that land — 

• (a)

  taken or resumed for railway purposes as specified in the notice published at pages 850‑851 of the Government Gazette of 24 August 1893; and

• (b)

  shown hachured green on the plan,

is hereby revested in Her Majesty as of Her former estate and constituted Crown land within the meaning of that expression in the Land Act 1933.

4.Further land revested in Her Majesty

All that land held in fee simple and shown coloured green on the plan is hereby revested in Her Majesty as of Her former estate, constituted Crown land within the meaning of that expression in the Land Act 1933 and, where any such land is under the operation of the Transfer of Land Act 1893, is hereby removed from the operation of that Act.

5.Road closures

All — 

• (a)

  those portions of Blair Street; and

• (b)

  that portion of Cobblestone Drive,

shown hachured black on the plan are hereby closed and, subject to this Act, the Land Administration Act 1997 shall apply to that land as if the closures had been effected under that Act.

[Section 5 amended by No. 14 of 1996 s.4; No. 31 of 1997 s.12.]

6.Reserve No. 9666 cancelled

Reserve No. 9666, classified as of Class C, containing 1.3456 hectares or thereabouts and set apart for “Railway Purposes” is hereby cancelled.

7.Reserve No. 24397 cancelled

Reserve No. 24397, classified as of Class C, containing 33 square metres or thereabouts and set apart for “Railway Purposes” is hereby cancelled.

8.Reserve No. 3753 amended

Reserve No. 3753, classified as of Class B, containing 4 858 square metres or thereabouts, set apart for “Vehicle Parking” and vested in the City of Bunbury is hereby amended by excising an area of 3 640 square metres or thereabouts shown bordered on the plan by Blair Street and a red line.

9.Reserve No. 15927 amended

Reserve No. 15927, classified as of Class A, containing 8.2987 hectares or thereabouts and set apart for “Recreation” is hereby amended by excising an area of 1 640 square metres or thereabouts shown on the plan as lying to the west of the red line passing through that reserve.

10.Reserve No. 31563 amended

Reserve No. 31563, classified as of Class C, containing 7 907 square metres or thereabouts and set apart for “Parking and Recreation” is hereby amended by excising that area shown on the plan as lying to the west of the red line passing through the reserve.

11.Disposition of land

• (1)

  Subject to subsection (2) the Governor may grant to the Commission for an estate in fee simple without requiring the payment of any consideration in respect thereof, so much of — 

  • (a)

    the land referred to in section 3, excluding that portion shown coloured yellow on the plan;

  • (b)

    the land referred to in section 4, excluding that portion of Lot 61 to the west of Blair Street which is intended to be set aside for the purpose of a sewerage pumping station;

  • (c)

    the land referred to in section 5 excluding that portion of Blair Street comprising 267 square metres or thereabouts shown coloured orange on the plan which is intended to be set aside for the purpose of an Historic Building (Country Women’s Association) Reserve;

  • (d)

    the land referred to in section 6;

  • (e)

    the land referred to in section 7; and

  • (f)

    the land excised under section 8,

as is not required to be set aside for road, railway or foreshore reserve purposes.

• (2)

  Subsection (1) does not apply to that area of 2 460 square metres marked on the plan as “City Park.”

12.Power of Commission to deal with land

The Commission may, with the approval of the Minister for the time being administering the Government Railways Act 1904, sell or otherwise dispose of any land granted to it by the Governor under section 11 (1) and any proceeds thereof shall be applied for the purposes of the Government Railways Act 1904.

Notes

1         This is a compilation of the Bunbury Railway Lands Act 1985 and includes all amendments effected by the other Acts referred to in the following Table.

Compilation table

Short title	Number and year	Assent	Commencement
Bunbury Railway Lands Act 1985	32 of 1985	6 May 1985	Operative 3 Jun 1985
Local Government (Consequential Amendments) Act 1996, section 4	14 of 1996	28 Jun 1996	1 Jul 1996 (see section 2)
Acts Amendment (Land Administration) Act 1997, Part 10	31 of 1997	3 Oct 1997	30 Mar 1998 (see s. 2 and Gazette 27 Mar 1998 p.1765)
This Act was repealed by the Public Transport Authority Act 2003 s. 146 (No. 31 of 2003) as at 1 Jul 2003 (see s. 2 and Gazette 27 Jun 2003 p. 2384)