Road Closure Act 1947 (WA)

1947.] Road Closure. [No. 64.

ROAD CLOSURE.

' and 12° GEO. VI., No. LXIV.

No. 64 of 1947.

AN ACT for the closure of certain roads and of portions of certain roads and of certain rights of way and for other purposes.

[Assented to 10th January, 1948.]

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:-

1. This Act may be cited as the Road Closure Act. Short title.

1947.

Closure of

2.

(1) All that portion of Hawthorn Street in the City of Perth situate east of the eastern alignment of

portion of Hawthorn

Street.

Flinders Street, as shown on Land Titles Office Plan

3642, is hereby closed and all rights of way over the

same shall cease on the passing of this Act.

(2) The land contained in that portion of Hawthorn Street aforesaid which is closed by the operation of subsection (1) of this section is, together with a strip of reserved land one and one-half links wide along the eastern end of the said street, hereby vested in His

No. 64.] Road Closure. [1947.

Majesty as of his former estate to the intent that the same may be disposed of by the Governor for an estate in fee simple by direct sale of a moiety to each of the respective proprietors of the lots abutting the north and south boundaries, at the purchase price of twenty pounds for each moiety and upon payment of such purchase price, together with a Crown Grant fee of thirty shillings in each case, Crown Grants may issue accordingly.

Closure of

Suffolk 3.

(1) The whole of Suffolk Street, in the City of Perth, being situate between the north-eastern alignment of Swansea Street and the south-western alignment of Bank Street, as shown on Land Titles Office Plan No. 2609, is hereby closed and all rights of way over the same shall cease on the passing of this Act.

Street.

(2) The land comprised in Suffolk Street aforesaid which is closed by the operation of subsection (1) of this section is hereby revested in His Majesty as of his former estate to the intent that the same may be dis- posed of by the Governor for an estate in fee simple by direct sale to such purchaser as the Governor may in his discretion approve for the purchase price of one hundred and fifty pounds, and upon the payment of such purchase price, together with a Crown Grant fee of thirty shillings, the Crown Grant may issue accordingly.

Closure of

(1) All that portion of Vaughan Street in the North Fremantle Municipal District situate between the eastern alignment of Bracks Street and the western alignment of Napier Street is hereby closed, and all rights of way over the same shall cease on the passing of this Act.

Portion of 4.

Vaughan

Street.

(2) The land comprised in that portion of Vaughan Street aforesaid which is closed by the operation of sub- section (1) of this section is hereby revested in His Majesty as of his former estate to the intent that the same may, if the Governor so approves, be disposed of by the Governor for an estate in fee simple by direct sale to J. Gadsden Proprietary Limited for the purchase price of sixty pounds, and upon payment of such pur- chase price, together with a Crown Grant fee of thirty shillings, a Crown Grant may issue accordingly.

1947.] Road Closure. [No. 64.

5.    (1) All that portion of Centre Street in the ,Cot

Subiaco Municipal District situate north of the northern zietg rights of way over the same shall cease on the passing of this Act.

alignment of Evans Street; also the rights-of-way start-

ing from the south-eastern corner of Swan Location 1718

and extending westerly along part of the southern

boundary of the said location, and'southerly to the said

northern alignment of Evans Street, as shown on Lands

(2) The lands contained in that portion of Centre Street and the rights-of-way aforesaid which are closed by the operation of subsection (1) of this section are hereby revested in His Majesty as of his former estate and shall be added to and become part of Class A Reserve No. 8630 and vested in the Subiaco Municipality in like manner as the said reserve is now vested.

(1) All those roads hereinafter Mentioned situate in the Subiaco Municipal District, that is to say:—	,e Closure of	Vickers,
Carbon and
Atkinson

6.

(a) Vickers, Darbon and Atkinson Crescents,ctrts

extending generally north-easterly from the rit7eT

eastern alignment of Bishop Street to the

southern alignment of Salvado Road, includ-

ing widenings at the western and northern

extremities.

(b) Teague Street, extending south-easterly from the south-eastern alignment of Vickers Crescent to the north-western alignment of Atkinson Crescent, including widenings at the western and eastern extremities and at the intersec- tion of Darbon Crescent;

are all and each and every one of them hereby closed, and all rights of way over the same shall cease upon the passing of this Act.

(2) Such lands comprised M. Vickers, Darbon and Atkinson Crescents and in Teague Street aforesaid which are closed by subsection (1) of this section are hereby revested in His Majesty as of his former estate to the intent that the same shall be granted for an estate in fee simple to the Subiaco Municipality for "Municipal Endowment."

No. 64.] Road Closure. [1947.

Closure of

Port and 7.

The whole of Port and Baton Streets in the Bunbury Municipal District, as shown on Land Titles Office Plan 2326 are hereby closed, and all rights of way over the same shall cease on the passing of this Act.

Button

Streets.

Closure of

portion of 8.

(1) Those portions of East Street in the Busselton Municipal District, from the northern alignment of Adelaide Street to the southern alignment of a right-of- way at the north-eastern corner of Busselton Lot 295, and from the northern alignment of the said right-of-way at the south-eastern corner of Busselton Lot 281 to the southern alignment of Marine Terrace, are hereby closed, and all rights of way over the same shall cease on the passing of this Act.

East Street.

(2) The lands comprised in the portions of East Street aforesaid which are closed by the operation of subsection (1) of this section are hereby revested in His Majesty as of his former estate to the intent that they shall be granted to the Busselton Municipality for an estate in fee simple.

Closure of

portion of

Kealley	9.	All those portions of roads and a right-of-way
Street, Gray

Street and a	hereinafter mentioned situate in the Narrogin Municipal
certain right
of way at	District, that is to say:—
Narrogin.

(i)    All that portion of Kealley Street situate between a line in prolongation westerly of the northern boundary of Narrogin Lot 1238 and the pro- longation easterly of the southern alignment of Homer Street.

(ii)    All that portion of Gray Street (including widenings) situate between the eastern align- ment of Butler Street and the southern align- ment of Homer Street.

(iii)    The right-of-way, its southern side extending easterly from the said alignment of Butler Street at the north-western corner of Narro- gin Lot 952 to the western alignment of Kealley Street at the north-eastern corner of Lot 966;

are all and each and every one of them hereby closed, and

all rights of way over the said roads and the said right-

of-way shall cease on the passing of this Act.

1947.] Road Closure. [No. 64.

Closure of

10. All those portions of roads and rights-of-way

certain

streets and

hereinafter mentioned situate in the Burakin Townsite

rights of tax

in 'Sorokin

in the Wongan-Ballidu Road District, that is to say:—

townsite.

(i)    the whole of Lines Street.

(ii)    All those portions of Knapp Street and Wallis Street situate south-easterly of the south- eastern alignment of Cant Street.

(iii)    The rights-of-way extending between the above- mentioned portion of Wallis Street and the south-western alignment of Robinson Street, and between the north-eastern alignment of Robinson Street and the abovementioned portion of Knapp Street;

are all and each and every one of them hereby closed, and all rights of way over the said roads and said rights- of-way shall cease on the passing of this Act.

11. All that portion of road hereinafter mentioned =Ira and situate in the Yellowdine Townsite in the Yilgarn Vadine. Road District, that is to say:

All that portion of land starting from the south- western corner of Residential Area 813, Yellowdine, as shown on Mines Department Diagram 130/2, and extending 161 degrees 26 minutes 106 and 3/10th links; thence 222 degrees 21 minutes 250 and 9/10th links; thence 256 degrees 8 minutes 69 and 9/10th links to a tangent-point of a circular arc whose centre is situated 346 degrees 8 minutes 124 and 9/10th links from the said tangent-point; thence north-easterly 196 and 2/10th links along the said circular arc to another tangent-point of same; thence 346 degrees 8 minutes 2 chains to a tangent-point of a circular arc whose centre is situated 256 degrees 8 minutes 50 links from the last-mentioned tangent- point; thence north-westerly 78 and 5/10th links along the latter circular arc to another tangent- point; thence 76 degrees 8 minutes 184 and 1/10th links to the south-western boundary iof the said Residential Area 813; and thence 161 degrees 26 minutes 129 and 9/10th links to the starting point; as shown on Diagrams 44318 and 56928;

is hereby closed, and all rights of way over same shall

cease on the passing of this Act.

No. 64.] Road Closure. [1947.

Closure of

portion of	12.	(1) All that portion of road known as Esplanade All that portion of road known as Esplanade, bounded by lines starting at a point of the high- water mark of Mangles Bay and situate in pro- longation northerly of the western side of Hymns Street and extending generally easterly along the said high-water mark to a point situate in prolonga- tion north-westerly of the south-western boundary of Lot 408, Reserve 21487; thence south-easterly to and along the said boundary to a point situate one chain 44 links north-westerly from the north-eastern corner of Lot 218; thence generally westerly by lines parallel to and distant one chain from the general alignment of the southern side of the said Esplanade to a point situate on the said side of Hymns Street; and thence northerly to the starting point;
Es-planed°,

Rockingham.

in the Rockingham Road District, that is to say:

is hereby closed, and all rights of way over the same

shall cease on the passing of this Act.

(2) The land comprised in that portion of road known as Esplanade aforesaid which is closed by the operation of subsection (1) of this section shall be declared a reserve for the purpose of recreation and classified as of Class A under the Land Act, 1933-1946, and may be vested in the Rockingham Road Board for the said purpose of recreation, subject to the provisions of the said Land Act.

Closure of

a road at 13.

(1) The whole of the street in the Busselton Municipal District between Peel Terrace and Harris Road, being formerly the portion of Busselton Suburban Lot 12, the subject of cancelled Certificate of Title, Volume 448, Folio 11, which was surrendered to His Majesty by the trustees of the Southern Districts Agri- cultural Society in consideration of the said trustees being granted the land comprised in the closed portion of Brown Street referred to in subsection (3) of this section, is hereby closed, and all rights of way over the same shall cease on the passing of this Act.

Busselton.

(2) The land comprised in the street aforesaid which is closed by the operation of subsection (1) of this section may be granted free of cost to the Southern Districts Agricultural Society for am estate in fee simple.

1947.] Road Closure. [No. 64.

(3) All that portion of Brown Street lying between Busselton Town Lots 183 and 1.84 and Suburban Lot 12 in the BusseIton 'Municipal District which was closed by the operation of Act No. 16 of 1905, is hereby re-opened, and shall, upon the passing of this Act, again become a

public street to form part of Brown Street as it was

prior to its closing by the said Act No. 16 of 1905.

14. All those streets and portions of streets in the

Narrogin Municipal District, that is to say-

(i)    Portion of Fox Street between eastern align- ment of Gascon Street and the Railway Reserve.

(ii)    The surveyed road between the western boun- daries of Narrogin Lots 729 and 732 and the Railway Reserve.

(iii)    The whole of Bloomfield Street and the portions of Graham Street and Chipper Street, between the western alignment of Gordon Street and the Railway Reserve.

(iv)    Those portions of Gascon Street between the southern alignment of Fox Street and the northern alignment of Kipling Street and between the southern alignment of Kipling Street and the northern alignment of Graham Street;

are hereby closed, and all rights of way over the same

shall cease on the passing of this Act.

15. All that portion of Yalgoo Avenue, in the City of

Fremantle, that is to say :—

All that portion of Yalgoo Avenue, having a width of 50 links and passing along the western boundary of Fremantle Suburban Lot 45, between the southern alignment of -Watkins Street and the northern align- ment of Samson Street ;

is hereby closed, and all rights of way over the same shall

cease on the passing of this Act.