Railway (Kalgoorlie-Parkeston) Discontinuance and Land Revestment Act 1973 (WA)

Western Australia

Railway (Kalgoorlie-Parkeston) Discontinuance and Land Revestment Act 1973

This Act was repealed by the Statute Law Revision Act 2006 s. 3(1) (No. 37 of 2006) as at 4 Jul 2006 (see s. 2).

Western Australia

Railway (Kalgoorlie-Parkeston) Discontinuance and Land Revestment Act 1973 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] — Short title2 — Commencement3 — Interpretation4 — Discontinuance of railway and incidental matters5 — Revesting of landFirst ScheduleSecond ScheduleNotesCompilation table — Compilation table

Western Australia

Railway (Kalgoorlie‑Parkeston) Discontinuance and Land Revestment Act 1973

Railway (Kalgoorlie‑Parkeston) Discontinuance and Land Revestment Act 1973

An Act to Authorize the Discontinuance of the Kalgoorlie‑Parkeston Railway and to Revest in Her Majesty certain land comprised therein, and for incidental and other purposes.

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.Short title

This Act may be cited as the Railway (Kalgoorlie‑Parkeston) Discontinuance and Land Revestment Act 1973.

2.Commencement

This Act shall come into operation on a date to be proclaimed.

3.Interpretation

In this Act, unless the contrary intention appears — 

“railway land” means the land described in the Second Schedule to this Act;

“scheduled railway” means the railway described in the First Schedule to this Act.

4.Discontinuance of railway and incidental matters

On and from the date of the coming into operation of this Act the scheduled railway shall cease to be operated, and on and from that date — 

• (a)

  the material comprising the scheduled railway or any portion of that material may be — 

  • (i)

    used in the construction or maintenance of any Government railway as defined by section 2 of the Government Railways Act 1904;

  • (ii)

    used in the construction of any railway authorized to be constructed under any other Act, whether before or after the coming into operation of this Act; or

  • (iii)

    sold, disposed of, or otherwise dealt with; and

• (b)

  the costs of the scheduled railway as charged to the Government Railways Capital Account may be omitted from the accounts prepared under Part IV of the Government Railways Act 1904.

5.Revesting of land

The railway land is hereby revested in Her Majesty as of Her former estate and is removed from the operation of the Transfer of Land Act 1893.

First Schedule

Commencing at a point being 604.087 km or thereabouts from Perth on the Kalgoorlie‑Parkeston Railway proceeding thence in a north easterly direction for a distance of 140.818 m or thereabouts, thence in a north by east direction for a distance of 573.329 m, thence in an east‑north easterly direction for a distance of 378.196 m, thence in a north east direction for a distance of 217.261 m, thence in a north by east direction for a distance of 352.849 m, thence in a north east by north direction for a distance of 1235.775 m, thence in a north east direction for a distance of 329.916 m, thence in an east direction for a distance of 287.67 m, thence in a south east direction for a distance of 628.248 m terminating at a point on the north western boundary of the Commonwealth Railways Parkeston Station Yard being a point 608.231 km from Perth as more particularly set out and delineated in red on the map marked CE. Plan 66163.

Second Schedule

That portion of land commencing at a point 604.59 km or thereabouts from Perth and being a distance of 41.239 m measured along the centre line of the scheduled railway in a south‑south westerly direction from its intersection with the north western boundary of Wordsworth Street and terminating on the south eastern boundary of Kanowna Road, being a point 608.231 km from Perth and being more particularly delineated and coloured yellow on CE. Plan 66163.

Notes

1.         This is a compilation of the Railway (Kalgoorlie‑Parkeston) Discontinuance and Land Revestment Act 1973 and includes all amendments effected by the other Acts referred to in the following Table.

Compilation table

Short title	Number and year	Assent	Commencement
Railway (Kalgoorlie‑ Parkeston) Discontinuance and Land Revestment Act 1973	48 of 1973	6 Nov 1973	13 Jun 1975 (see Gazette 13 Jun 1975 p. 1848)
This Act was repealed by the Statute Law Revision Act 2006 s. 3(1) (No. 37 of 2006) as at 4 Jul 2006 (see s. 2)