Road Closure Act 1955 (WA)
| No. 42.] | Road Closure. | [1955. |
ROAD CLOSURE.
4° Elizabeth II., No. XLII.
No. 42 of 1955.
AN ACT for the Closure of certain Roads and Rights-of-way and of portions of certain Roads and Rights-of-way and for other purposes.
[Assented to 5th December, 1955.]
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:—
| Short title. | 1. This Act may be cited as the Road Closure Act, |
1955.
Closure of
| a private | 2. (1) All that portion of a private street in the |
| street in |
| Albany. | Albany Municipal District being- |
| 1955.] | Road Closure. | [No. 42. |
a street provided in a private subdivision of Albany Suburban Lot 38 and shown on Land Titles Office Plan No. 3234 as Hope Street,
is hereby closed and all rights-of-way over it shall
cease on the coming into operation of this Act.
(2) The land comprised in the street so closed is hereby revested in Her Majesty as of Her former estate and is removed from the operation of the Transfer of Land Act, 1893, with the intention that it be disposed of in such manner as the Governor may approve.
Closure of
3.
| (1) The public road, known as Peter Street in the Albany Municipal District and being | Peter Street, |
| Albany. |
a road one chain wide extending from Middleton Road south-westward as shown on Land Titles Office Diagram No. 5680,
is hereby closed and all rights-of-way over it shall
cease on the coming into operation of this Act.
(2) The land comprised in the road so closed is hereby revested in Her Majesty as of Her former estate and is removed from the operation of the Transfer of Land Act, 1893, with the intention that it be disposed of in such manner as the Governor may approve.
4. (1) All that portion of a public road in the f=l'j,! gf
Slythewood
| Armadale-Kelmscott Road District being— | Aenue, Byford. |
the portion of Blythewood Avenue, Byford, between a straight line connecting the southern- most corner and the westernmost corner respec- tively of lots 137 and 118 on Land Titles Office Plan 3644 and a straight line connecting the easternmost corner and the northernmost corner respectively of lots 157 and 138 on that plan,
is hereby closed and all rights-of-way over it shoji
cease on the coming into operation of this Act.
| No. 42.] | Road Closure. | [1955. |
The land comprised in the road so closed vests as for an estate in fee simple therein in the respec- tive owners for the time being of the lots contiguous thereto and where the lots on opposite sides of any portion of the road so closed are owned by different owners, the contiguous half of that portion extend- ing to a longitudinal line along the middle thereof vests in the owner or owners of the lot or lots con- tiguous to it.
(2)
The Registrar of Titles shall, on the applica- tion of the owner of land contiguous to the part of the road so vested and on payment of the pre- scribed fee, cancel the relative certificate of title and issue a new one in which the land in that part shall be included.
(3)
Where the land contiguous to any part of the road so vested is subject to an encumbrance, whether by way of mortgage or otherwise, as regards any estate or interest in the land, that part shall, if the nature of the encumbrance so admits, on the issue of the new certificate of title showing the vesting of the part as in this section provided, become subject to that encumbrance as if it had been originally included in the encumbrance by the owner for the time being of that estate or interest.
(4)
Closure of a
| certain road | 5. (1) All that portion of a public road in the |
| at Byford. | Armadale-Kelmscott Road District being |
the whole of that portion of the road surround- ing Reserve No. 20165 which is on the southern or western side of any point on a straight line joining the southerly alignments of Park Avenue and Park Road,
is hereby closed and all rights-of-way over it shall
cease on the coming into operation of this Act.
(2) The land comprised in the portion of the road so closed is hereby revested in Her Majesty as of Her former estate with the intention that it be disposed of with adjoining land in such manner as the Governor may approve.
| 1955.] | Road Closure. | [No. 42. |
Closure of
| 6. (1) All those portions of a private right-of - way in the Armadale-Kelmscott Road District | portions of a certain |
| right-of-way | |
| being- | at Byford, |
(i) that portion of the private right-of-way between lots 133 to 137 inclusive on Land Titles Office Plan 3644 and lots 153 to 157 inclusive on that plan and extending from Park Avenue to Blythewood Avenue, and
(ii) that portion of the private right-of-way between lots 118 to 122 inclusive on Land Titles Office Plan 3644 and lots 138 to 142 inclusive on that plan and extending from Park Road to Blythewood Avenue,
are hereby closed and all rights-of-way over them shall cease on the coming into operation of this Act.
(2) The land comprised in the portions of the right-of-way so closed, vests as for an estate in fee simple therein, in the respective owners for the time being of those lots contiguous to the land and where the lots on opposite sides of any portion of the right-of-way so closed are owned by different owners, the contiguous half of that portion extend- ing to a longitudinal line along the middle thereof vests as for an estate in fee simple therein in the owner or owners of the lot or lots contiguous to it.
The Registrar of Titles shall, on the applica- tion of the owner for the time being of land con- tiguous to the part of the right-of-way so vested and on payment of the prescribed fee, cancel the relative certificate of title to the land and issue a new one in which the land in that part shall be included.
(3)
(4) Where land contiguous to any part of the right-of-way so vested is subject to an encumbrance, whether by way of mortgage or otherwise, as regards any estate or interest in the land that part shall, if the nature of the encumbrance so admits, on the issue of the new certificate of title showing the vesting of the part as in this section provided, become subject to that encumbrance as if it had been origin- ally included in the encumbrance by the owner for the time being of that estate or interest.
| No. 42.] | Road Closure. | [1955. |
Closure of
| Portion of | 7. (1) All that portion of a public road at Mar- District being |
| public road | |
| at Margaret | garet River in the Augusta-Margaret River Road the portion of a public road comprising an area of one rood two and one-tenth perches as shown coloured brown on Land Titles Office Diagram No. 10341 and connecting Town View Terrace and Forrest Road, Margaret River, |
| River. | |
| is hereby closed and all rights-of-way over it shall cease on the coming into operation of this Act. | |
| (2) The land comprised in the portion of the road so closed is hereby revested in Her Majesty as of Her former estate and is removed from the operation of the Transfer of Land Act, 1893, with the intention that it be set apart as a reserve for Park and Gardens. | |
| Closure of |
| Road No. 9943 | 8. (1) All that portion of public Road No. 9943 |
at Margaret in the Augusta-Margaret River Road District being—
River.
the road, the subject of Lands and Surveys Diagram No. 57898, along the southern boundary of lot 65 on Land Titles Office Plan No. 4947,
is hereby closed and all rights-ofrway over it shall
cease on the coming into operation of this Act.
(2)
The land comprised in the portion so closed shall be included in and become portion of the contiguous lot 65 on Land Titles Office Plan 4947, and shall vest as for an estate in fee simple in the owner for the time being of that lot.
(3)
The Registrar of Titles shall, upon the appli- cation of the owner of lot 65, and on payment of the prescribed fee, cancel the relative certificate of Title to it, and issue a new one in which the land in the road so closed shall be included.
(4)
Where the land comprised in lot 65 is subject to an encumbrance, whether by way of mortgage or otherwise, as regards any estate or interest in that land, then the land comprising the road so closed
| 1955.] | Road Closure. | [No. 42. |
shall, if the nature of the encumbrance so admits, on the issue of the new certificate of title showing the vesting of the land as in this section provided, become subject to the encumbrance as if it had been originally included by the owner for the time being of that estate or interest.
Closure of
9.
| (1) All that portion of Hamilton Street in the Bassendean Road District being | Portion of Hamilton |
| Street, Bassendean. |
the portion now surveyed as Swan Location 5623
on Lands and Surveys Diagram No. 63853,
is hereby closed and all rights-of-way over it shall
cease on the coming into operation of this Act.
(2) The portion so closed is hereby revested in Her Majesty as of Her former estate and is removed from the operation of the Transfer of Land Act, 1893, with the intention that the land comprised therein be disposed of by the Governor in such manner as he may approve.
(1) All that portion of a private right-of- alpestutral
10. main`
right-of-way
| way in the Bayswater Road Board being— | at Bayswater. |
the portion of a right-of-way along the south- eastern boundary of lot 47 on Land Titles Office Plan No. 2683 Sheet 1,
is hereby closed and all rights-of-way over it shall
cease on the coming into operation of this Act.
(2) The land comprised in the portion of the right-of-way so closed is hereby revested in Her Majesty as of Her former estate and is removed from the operation of the Transfer of Land Act, 1893, with the intention that it will be disposed of to the holder for the time being of the adjoining lot No. 47 under the provisions of the Closed Roads Aliena- tion Act, 1932, in such manner as may be approved by the Governor.
| No. 42.] | Road Closure. | [1955. |
Closure of
| Portion of | 11. (1) All those portions of public roads in the |
| Coolgardie |
| and Dumond | Canning Road District and being |
| Streets, Bentley. | (a) | the portion of Coolgardie Street, Bentley, between Taree Street and the southernmost corner of lot 580 on Land Titles Office Plan No. 6419, including widenings at the north- eastern end; |
| (b) | the portion of Dumond Street between Coolgardie Street and Palmerston Street, including widenings at either end, |
are hereby closed and all rights-of-way over them shall cease on the coming into operation of this Act.
(2) The land comprised in the portions of the roads so closed is hereby vested as for an estate in fee simple in the State Housing Commission as owner for the time being of certain contiguous land.
(3) The Registrar of Titles shall, on the applica- tion of the State Housing Commission and on pay- ment of the prescribed fee, issue a certificate of title for the land comprising the portions of the roads so closed.
Closure of
| portion of | 12. (1) All that portion of Wood Street in the |
| Wood Street, |
| Claremont. | Claremont Municipal District being |
the portion of Wood Street at its eastern extrem- ity being the portion one chain wide con- tiguous to the southern side of lot 1 on Land Titles Offices Plan No. 581,
is hereby closed and all rights-of-way over it shall
cease on the coming into operation of this Act.
(2) The land comprised in the portion of the road so closed is hereby revested in Her Majesty as of Her former estate with the intention that it be included in the adjoining schoolsite reserve, No. 9111.
Closure of
| Road No. | 13. (1) All those portions of a public road and |
| 4161 and |
| certain | certain rights-of-way in the Cockburn Road District |
| rights-of - | |
| way at | being- |
| Hamilton Hill. |
| 1955.] | Road Closure. | [No. 42. |
| (a) | Road No. 4161 being a public road one chain wide extending from the western alignment of Carrington Street westerly to a line con- necting the south-western and north- western corners respectively of lots 19 and 51 on Land Titles Office Plan No. 2897; |
| (b) | all those rights-of-way shown on Land Titles Office Plan No. 2897 including a reserve one link wide down the western side of the land, the subject of the plan, |
are hereby closed and all rights-of-way over them will cease on the coming into operation of this Act.
The land comprised in the road, reserve and rights-of-way so closed is hereby vested as for an estate in fee simple in The State Housing Com- mission as owner for the time being of certain contiguous land.
(2)
The Registrar of Titles shall, on the applica- tion of The State Housing Commission and on payment of the prescribed fee, issue a certificate of title for the land in the road, reserve and rights- of-way so closed.
(3)
14. (1) All that portion of a surveyed road in the Zgroeig
Street.
| Geraldton Municipal District and being— | Geraldton. |
a road known as Raymond or Rowe Street extending from George Road along the north- eastern boundary of Geraldton Suburban Lot 75 to the north-western alignment of Wittenoom Street,
is hereby closed and all rights-of-way over it shall
cease on the coming into operation of this Act.
(2) The land comprised in the road so closed shall by force of this Act vest for an estate in fee simple in the owners for the time being of the adjoining land and shall be reincluded in and again become portion of Geraldton Suburban Lot 76.
| No. 42.] | Road Closure. | [1955. |
(3)
The Registrar of Titles shall on the applica- tion of the owner of Geraldton Suburban Lot 76 and on payment of the prescribed fee, cancel the relative certificate of title to it and issue a new one in which the land in the portion of the road so closed and vested shall be included.
(4)
If the aforesaid lot 76 is subject to an encum- brance, whether by way of mortgage or otherwise, as regards any estate or interest in that land, then the land so vested shall, if the nature of the encum- brance so admits, on the issue of the new certificate of title, showing the vesting of such portion as in this section provided, become subject to the encum- brance as if it had been originally included in the encumbrance by the owner for the time being of that estate or interest.
Closure of
| Portions of | 15. (1) All that portion of Road No. 9768 in the Lands and Surveys Diagram No. 63496, is hereby closed and all rights-of-way over it shall cease on the coming into operation of this Act. |
| Road No. 9768 | |
| at Lake | Harvey Road District as shown coloured blue on |
| Preston. |
(2)
The land comprised in the portion of the road so closed shall vest as for an estate in fee simple in the owners for the time being of Wellington Location 698 which is contiguous to the portion of the road so closed and the portion containing one rood twenty and three-tenths perches shall be included in and become part of Location 698.
(3)
The Registrar of Titles shall, on the applica- tion of the owner or owners of land contiguous to the portion of the road so closed and on payment of the prescribed fee, cancel the relative certificate of title and issue a new one in which the land in the portion of the road so closed and vested shall be included.
Where the land contiguous to any portion of the road so closed and vested is subject to an encum- brance, whether by way of mortgage or otherwise, as regards any estate or interest in the land, that
(4)
| 1955.] | Road Closure. | [No. 42. |
portion shall, if the nature of the encumbrance so admits, on the issue of the new certificate of title showing the vesting of the part as in this section provided, become subject to that encumbrance as if it had been originally included in the encumbrance by the owner for the time being of that estate or interest.
| 16. (1) All that portion of a public road in the Pa=iiono | Holly Street, |
| Katanning Road District and being— | Elatanntag. |
the portion of Holly Street, Katanning, between the north-eastern alignment of Adam Street and the production south-westerly of the north- eastern boundary of lot 27 on Land Titles Office Plan No. 4715, including widenings at either end,
is hereby closed and all rights-of-way over it shall
cease on the coming into operation of this Act.
The land comprisea :al the portion of the road so closed is hereby vested as for an estate in fee simple in The State Housing Commission as owner for the time being of the contiguous land.
(2)
The Registrar of Titles shall, on the applica- tion of The State Housing Commission and on payment of the prescribed fee, issue a certificate of title for the land in the road so closed.
(3)
17. (1) All those portions of private rights-of- 1).:Elirne"
way in the Katanning Road District and being— =°'-
satanning.
the rights-of-way through the section compris- ing lots 27 to 40 inclusive on Land Titles Office Plan No. 4715,
are hereby closed and all rights-of-way over them shall cease on the coming into operation of this Act.
(2) The land comprised in the rights-of-way so
closed is hereby vested as for an estate in fee simple in The State Housing Commission as owner for the time being of the contiguous land.
| No. 42.] | Road Closure. | [1955. |
(3) The Registrar of Titles shall, on application by The State Housing Commission and payment of the prescribed fee, issue a certificate of title for the land in the rights-of-way so closed.
Closure
| private roads | 18. | (1) All those portions of private roads in the • |
| °aridalup. |
of various
| at North | Murray Road District being |
the roads provided in a private subdivision of part of Section A.19 of Cockburn Sound Loca- tion 16 on Land Titles Office Plan 1389, and thereon shown as Lovett, Humphreys, Shenton, Pollards and Menzies Avenues,
are hereby closed and all rights-of-way over them shall cease on the coming into operation of this Act.
(2) The land comprised in the roads so closed is hereby revested in Her Majesty as of Her former estate and is removed from the operation of the Transfer of Land Act, 1893, with the intention that the land be disposed of in such manner as the Governor may approve.
Closure of
| portion of | 19. | (1) All that portion of a right-of-way in the the portion of a right-of-way 25 links wide along the eastern boundaries of lots 264, 265 and 266 on Land Titles Office Plan No. 2668, |
| a certain |
| right-ox-way | Nedlands Road District being |
| in Nedlands. | |
| is hereby closed and all rights-of-way over it shall cease on the coming into operation of this Act. | |
| (2) The land comprised in the portion of the right-of-way so closed is hereby revested in Her Majesty as of Her former estate and is removed from the operation of the Transfer of Land Act, 1893, with the intention that it will be disposed of to the holder or holders for the time being of the contiguous lots 264, 265 and 266 under the provisions of the Closed Roads Alienation Act, 1932, in such manner as the Governor may approve. |
| 1955.] | Road Closure. | [No. 42. |
20. (1) All those portions of a right-of-way at ?g,Tilrof?Lfiy
Swanbourne, in the Nedlands Road District being— Swanbourne.
portions of the right-of-way twenty-five links wide along the western boundaries of lots 171 to 188 inclusive and lots 192 to 206 inclusive on Land Titles Office Plan 3337 and along the northern boundaries of lots 189 to 191 inclusive on the said plan,
are hereby closed and all rights-of-way thereover shall cease on the coming into operation of this Act.
The land comprised in the portions so closed shall be divided into parts corresponding with the respective lots to which they are contiguous and each part shall vest as for an estate in fee simple in the owner for the time being of the lot in the subdivision on Land Titles Office Plan No. 3337 which is contiguous to that part and shall be included in and become a part of that lot. The portion of the right-of-way along the northern boundaries of lots 189, 190 and 191 shall be divided into two parts by a longitudinal line running along the middle of the right-of-way and the northern moiety shall vest in the owner for the time being of lot 188, and the southern moiety shall be divided into parts corres- ponding with the respective lot to which it is con- tiguous and each part shall vest in the respective owners for the time being of such of lots 189, 190 and 191 as is contiguous to it and shall be included in and become a part of that lot.
(2)
The Registrar of Titles shall, on the applica- tion of the owner for the time being of land con- tiguous to any portion of the right-of-way so closed and vested, and on payment of the prescribed fee, cancel the relative certificate of title to the land and issue a new one in which the land in that portion shall be included.
(3)
(4) Where land contiguous to any part of the right-of-way so closed and vested is subject to an encumbrance, whether by way of mortgage or other- wise, as regards any estate or interest in the land,
| No. 42.] | Road Closure. | [1955. |
then the part shall, if the nature of the encumbrance so admits, on the issue of the new certificate of title showing the vesting of the part as in this section provided, become subject to that encumbrance as if it had been originally included in the encumbrance by the owner for the time being of that estate or interest.
Closure of
| portion of | 21. (1) All that portion of Bishopsgate Street in the portion between the south-eastern align- ment of Cohn Street and the north-western alignment of Briggs Street, |
| Bishopsgate |
| Street. | the Perth Municipal District being |
| Victoria Park. | |
| is hereby closed and all rights-of-way over it shall cease on the coming into operation of this Act. |
(2)
The land comprised in the portion so closed is hereby vested in Her Majesty and shall be included in and become portion of lot 7 on Land Titles Office: Plan No. 6101, being portion of the land comprised in Certificate of Title Volume 1103, Folio 450.
(3) The Registrar of Titles shall, on application by the appropriate authority, on behalf of Her Majesty and on payment of the prescribed fee, cancel the relative certificate of title to lot 7 on Plan 6101, and issue a new one in which the land in the portion of the road so closed as is mentioned in subsection (2) of this section shall be included.
Closure of
| Portion of | 22. (1) All those portions of Letchworth Centre the portions surveyed and shown coloured green on Land Titles Office Diagram No. 20600, |
| Letchworth |
| Centre Ave., | Avenue in the South Perth Road District being |
| South Perth. | |
| are hereby closed and all rights-of-way over them shall cease on the coming into operation of this Act. |
| 1955.] | Road Closure. | [No. 42. |
(2) The land comprised in the portions so closed shall vest as for an estate in fee simple in The State Housing Commission as owner for the time being of the contiguous lots 149 to 177 inclusive on Land Titles Office Plan No. 5137, and shall be divided into parts which shall be included in and become portion of the contiguous lot.
| 23. (1) All those portions of rights-of-way in the certain or | rights-of- |
| South Perth Road District being— | way at | South Perth. |
| (a) | the rights-of-way twenty-five links wide along the northern boundaries of lots 146 to 161 inclusive on Land Titles Office Plan No. 5137; |
| (b) | the right-of-way twenty-five links wide along the southern boundaries of lots 162 to 177 inclusive on Land Titles Office Plan No. 5137, |
are hereby closed, and all rights-of-way over them shall cease on the coming into operation of this Act.
(2) The land comprised in the portions so closed shall vest as for an estate in fee simple in The State Housing Commission as owner for the time being of the contiguous lots 146 to 177 inclusive on Land Titles Office Plan No. 5137 and shall be divided into parts corresponding with the respective lots to which they are contiguous and each part shall be included in and become portion of the lot contiguous to it.
| 24. (1) All those portions of public streets in the IT)(r)Zilorr!s°gf | Bowler and |
| Wagin Municipal District and being— | Watson |
| Streets, | |
| wean. |
firstly, portion of Bowler Street between the Wagin-Bowelling Railway Reserve and the south-western alignment of Rendall Street;
secondly, portion of Watson Street between
Urban and Bowler Streets,
| No. 42.] | Road Closure. | [1955. |
are hereby closed and all rights of way over them shall cease on the coming into operation of this Act.
(2) The land comprised in the portions of the streets so closed is hereby revested in Her Majesty as of Her former estate with the intention that it be included in the adjoining Reserve No. 23829.
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