Railway (Tilley to Karara) Act 2010 (WA)

Western Australia

Railway (Tilley to Karara) Act 2010

Western Australia

Railway (Tilley to Karara) Act 2010 Contents

Western Australia

Railway (Tilley to Karara) Act 2010

Railway (Tilley to Karara) Act 2010

An Act to authorise the construction of a railway from Tilley to Karara, and for related purposes.

The Parliament of Western Australia enacts as follows:

Part 1 – Preliminary1.Short title

This is the Railway (Tilley to Karara) Act 2010.

2.Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

Part 2 – Authority to construct railway3.Authority to construct Tilley to Karara railway

A railway, with all necessary, proper and usual works and facilities in connection with the railway, may be constructed and maintained along the line described in Schedule 1.

Part 3 – Application of various written laws if construction of railway undertaken by contractor4.Terms used

In this Part —

proposal has the meaning given in the Environmental Protection Act 1986 section 3(1);

Public Transport Authority means the Public Transport Authority of Western Australia established under the Public Transport Authority Act 2003 section 5;

specified means specified or described in the regulations.

5.Application of Part

This Part applies if the Public Transport Authority enters into a contract or arrangement with another person (thecontractor) for the construction of all, or part, of the railway (the construction of the railway).

6.Aboriginal Heritage Act 1972

For the purposes of the construction of the railway, the Aboriginal Heritage Act 1972 applies in relation to any land required to be used for the construction of the railway as if the contractor were the owner of that land.

[Section 6 inserted: No. 23 of 2023 s. 32.]

7.Environmental Protection Act 1986

For the purposes of the construction of the railway, the Environmental Protection Act 1986 applies as if, despite anything else in that Act, the contractor had been nominated under section 38(6) of that Act as the person responsible for any proposal in respect of the construction of the railway.

Schedule 1 — Line of Tilley to Karara Railway

[s. 3]

1.             The Tilley to Karara railway commences about 336.5 kilometres along the Avon Yard to Mullewa Railway line at point 1 in the sequence specified in the Table then continues, generally in an easterly or south‑easterly direction, along a straight line between each of the points in the sequence, and terminates at point 10, about 74 kilometres from point 1.

Table

Point no.	East	North
1	404000	6773000
2	418900	6773000
3	420000	6773700
4	423803	6774160
5	428775	6770355
6	443240	6770410
7	450215	6772010
8	467440	6771655
9	471475	6772630
10	474220	6771125

2.             The course to be taken by the railway is shown as a red line on Public Transport Authority Plan 17‑C‑15‑1001.

Note for this Schedule:

Coordinate references are to Map Grid of Australia 1994 grid coordinates in Zone 50 of the Universal Transverse Mercator Grid System based on the Geocentric Datum of Australia.

Notes

This is a compilation of the Railway (Tilley to Karara) Act 2010 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.

Compilation table

Short title	Number and year	Assent	Commencement
Railway (Tilley to Karara) Act 2010	25 of 2010	7 Jul 2010	7 Jul 2010 (see s. 2)
Aboriginal Cultural Heritage Act 2021 s. 351	27 of 2021	22 Dec 2021	1 Jul 2023 (see s. 2(e) and SL 2023/40 cl. 2(b))
Aboriginal Heritage Legislation Amendment and Repeal Act 2023 s. 32	23 of 2023	24 Oct 2023	15 Nov 2023 (see s. 2(d) and SL 2023/161 cl. 2)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

construction of the railway............................................................................................. 5

contractor........................................................................................................................... 5

proposal............................................................................................................................. 4

Public Transport Authority............................................................................................ 4

specified............................................................................................................................. 4