Railway (Midland-Walkaway Railway) Discontinuance Act 1967 (WA)

1967.] Railway (Midland-Walkaway [No. 43.

Railway) Discontinuance.

RAILWAY (MIDLAND-WALKAWAY

RAILWAY) DISCONTINUANCE.

No. 43 of 1967.

AN ACT to authorise the Discontinuance of portions of the Midland-Walkaway Railway and for incidental purposes.

[Assented to 21st November, 1967.]

RE 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. This Act may be cited as the Railway

(Midland-Walkaway Railway) Discontinuance Act,

1967.

Short title.

2. In this Act, unless the contrary intention appears

Interpre-

tation.

Vide Act

"scheduled railway" means the portions of the

No. 50

Victoria°

Midland-Walkaway Railway described in	No. 24—No.
the Schedule to this Act.	24 of 1919
and No. 47
of 1963.

No. 43.] Railway (Midland-Walkaway [1967.

Railway) Discontinuance.

Discon-

tinuance of	3. On and from the date of the coming into operation of this Act, the scheduled railway shall cease to be operated until the Governor otherwise, by proclamation, declares.
of scheduled
railway.
Disposal of

property in	4. (1) The Minister for Railways may direct
scheduled

railway.

that all or any of the material comprising the

scheduled railway be

(a)	used in the maintenance of any Govern- ment railway as defined by section two of the Government Railways Act, 1904;
(b)	used in the making of a railway for Her Majesty in the State that is made under the authority of a special Act as required by section ninety-six of the Public Works Act, 1902, whether the making of the railway is so authorised before or after the date of the coming into operation of this Act; or
(c)	sold, disposed of, or otherwise dealt with.

(2) A direction by the Minister given pursuant to this section has, and shall be given, effect according to its tenor.

Authority	5. The cost of the scheduled railway as charged
cost of

to omit

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

Section 2. SCHEDULE.

Description of portions of the Midland-Walkaway Railway.

(a) Commencing in the Town of Midland at a point on the Southern alignment of the Great Eastern Highway being 50 links or thereabouts West of the Western alignment of Helena Street and proceed- ing generally in an East North Easterly direction for a distance of 37 chains thence in a North Easterly by East direction for a distance of 19 chains, and thence in a North East by North direction for a distance of 19 chains and being a total distance of 75 chains and thence continuing

1967. ] Railway (Midland-Walkaway [No. 43.

Railway) Discontinuance.

in a North by East direction for a distance of 12 chains and thence in a Northerly direction for a distance of 1 mile 63 chains being a total distance of 1 mile 75 chains and being an overall distance of 2 miles 70 chains to terminate on the Midland- Avon Valley Standard Gauge Railway at a distance of 15 miles 37 chains 50 links or thereabouts from Perth being portion of the railway constructed under the authority of "The Guildford-Greenough Flats Railway Act, 1886" (50 Victoriae No. 24).

(b) Commencing in the Town of Midland at a point on the Southern alignment of Railway Parade being 415 links West of the projection of the Western alignment of Brockman Street and proceeding generally in a direction East North East for a distance of 8 chains 50 links, thence in a North East by North direction for a distance of 8 chains 50 links, thence in a North North East direction for a distance of 46 chains 70 links being a total distance of 63 chains 70 links to terminate at a point 0 miles 75 chains on the Midland-Walkaway Railway as described in paragraph (a) and constructed in 1895 as an addition and improve- ment to the Eastern Railway,

which portions of the Midland-Walkaway Railway are more particularly set out and delineated in red on the plan

marked C.E. No. 59670.