Government Railways Act Amendment Act 1939 (WA)

No. 15.] Government Railways. [1939.

GOVERNMENT RAILWAYS.

3° G Eo. VI., No. XV.

No. 15 of 1939.

AN ACT to amend section fifty-eight of the Government Railways Act, 1904-1933, and to make provision in the said Act for regulating the use of lights likely to be a danger to railway traffic.

[Assented to 22nd November, 1939.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title. 1. This Act may be cited as the Government Railways

cf. No. 35 of s. o Act Amendment Act, 1939, and shall be read as one with the Government Railways Act, 1904-1933 (No. 23 of 1904 as amended), hereinafter referred to as the principal Act.

Amendment

of s. 58 of	2. Section fifty-eight of the principal Act is amended
the principal

Act. by deleting the word "seven" where it appears in line six of the section and inserting in lieu thereof the words "twenty-one."

1939.] Government Railways. [No. 15.

3. A new section is inserted in the principal Act after insertion of new section

section seventv-six, as follows:— 76A.

76A. (1) For the purposes of this section— Regulation of

"Light" includes any fire, lamp, light, illumin- Iinotnerpreta-

ated sign, street light, or other mechanical,

manufactured, or constructed illumination

and also the glow from any such light.

"Railway light" includes lights, signals, and signs used as an aid or guide to railway traffic.

"Owner" includes the owner, lessee, tenant, purchaser, hirer, or other person in posses- sion or entitled to the possession of a light, and in the case of a street light, means the local government authority in whose dis- trict such street light is erected or installed.

(2) Where any light is used, kept, burnt, or ex- nzterosn

hibited between the hours of sunset and sunrise at lights.

such a place (whether within or outside railway pre- mises), or in such a manner as in the opinion of the Commissioner to be likely to be mistaken for or obscure or conflict with or adversely interfere with the effectiveness of any railway light, the Commis- sioner may by notice in writing require the owner of or the person in charge of such light or the occupier of the place or premises where such light is used, kept, burnt, or exhibited, within a time to be speci- fied in the notice to take effectual means

(a)	to extinguish the light; or
(b)	to remove the light entirely or to some other

position; or

(c)

to modify the light or to alter its character or colour, or to screen the light to such an extent and in such manner as the Commis- sioner may direct; or

(d)

to refrain from using, keeping, burning, or exhibiting the light, either entirely or for such period or (hiring such hours as the Commissioner may direct;

(e)

to do or refrain from doing such other act,

matter, or thing in relation to using, keep-

ing, burning, or exhibiting the light as the

No. 15.] Government Railways. [1939.

Commissioner may direct and in accord- ance with the directions of the Commis- sioner.

(3) Any notice under subsection (2) of this sec- tion may be served either personally or by delivery at the place of abode of the person to be served or by affixing it in some conspicuous place on or near the place or premises upon or in which the light to which the notice relates is used, kept, burnt, or exhibited.

(4)

It shall be the duty of the owner, occupier, or

other person served with a notice under subsection

(2) of this section to comply with such notice.

(5) Every owner, occupier, or other person on whom a notice is served under subsection (2) of this section who fails, without reasonable cause (proof whereof shall lie upon him) to comply in all respects with the directions contained in the notice shall be guilty of an offence against this Act.

Penalty—one hundred pounds, and in addition a daily penalty of five pounds for every day or part of a day during which the directions contained in the notice are not complied with after the time speci- fied in the notice for the compliance therewith.

Commissioner	(6)	If any owner, occupier, or other person served
may Cause

requisitions of	with a notice under subsection (2) of this section
notice to be
carried out.	fails in any respect to comply with the directions of such notice within the time specified in the notice for such compliance, the Commissioner or any per- son authorised in writing by the Commissioner may enter upon the place or premises whereon the light to which the notice relates is used, kept, burnt, or exhibited, and forthwith take effectual means (but doing no unnecessary damage) to carry out and otherwise give effect to the directions contained in the notice which have not been complied with as
a foresaid.

Any expense incurred by the Commissioner or the person authorised by the Commissioner under subsection (6) of this section shall be a debt owing to the Commissioner by the person upon whom the

(7)

1939. ] Government Railways. [No. 15.

notice was served as aforesaid and shall be recover- able at the suit of the Commissioner hi any court of competent jurisdiction.

If the owner, occupier, or other person upon whom a notice under subsection (2) of this section has been served as aforesaid, or any other person obstructs or binders, prevents, or interferes with or attempts to obstruct, hinder, prevent, or interfere with the Commissioner or the person authorised by the Commissioner in the exercise of the power con- ferred by subsection (6) of this section, he shall be guilty of an offence against this Act.

(8)

Penalty: Fifty pounds.

(9) Where any owner, occupier, or other person Civil rights.

upon whom a notice under subsection (2) of this sec- tion has been served as aforesaid has failed within the time prescribed by such notice to comply with the directions of such notice, and by reason of such non-compliance and by reason of the light to which the said notice relates being mistaken for, or obscur- ing, or conflicting with or adversely interfering with the effectiveness of a railway light any damage re- sults to any property of the Commissioner or to any person or to the property of any person, whether in the employ of the Commissioner or a member of the public, the said non-compliance with the said notice shall for the purpose of enabling the Commissioner or such other person to recover compensation or damages in respect of the damage resulting be deemed to be a tort in the nature of a nuisance com- mitted by such owner, occupier, or person aforesaid upon which an action for damages may be instituted.

(10) The omission on the part of the Commis- sioner to give any notice under subsection (2) of this section, or the failure on the part of the Commis- sioner to exercise the power conferred by subsection (6) of this section shall not make the Commissioner in any respect responsible or liable for any damage resulting to any person or property as the result of any light being mistaken for or obscuring or con- flicting with or adversely interfering with the effec- tiveness of a railway light.

provision.

Saving

No. 15.1 Government Railways. [1939.

Proceedings

for offences.	(11) Proceedings for offences against this Act may be commenced on a complaint by the Commis- sioner or some person duly authorised in writing, and may be dealt with summarily under the pro- visions of the Justices Act, 1902-1936.
principal Act

Citation of 4. The principal Act as amended by this Act may be

as amended. cited as the Government Railways Act, 19044939.