Road Closure Act 1956 (WA)

1956.] Road Closure. [No. 66.

ROAD CLOSURE.

5° Elizabeth II., No. IXVI.

No. 66 of 1956.

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 4th January, 1957.]

BE it enacted by the Queen's Most ExcellentMajesty, 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,

1956.

Closure of a

(1) The public road in the Carnarvon Muni- cipal District being

public road

at Carnarvon.

2.

the surveyed road between Carnarvon Lots 239,

240 and 504 and Carnarvon Lot 502

No. 66.] Road Closure. [1956.

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 with the intention that it be included in the adjoining Reserve No. 10737 which is set apart for the purpose of a Public Cemetery.

Closure of

portion of	3. (1) All that portion of a public road in the
Stirling

Road.	Claremont Municipal District being
Claremont.

the portion of Stirling Road commencing at the prolongation westerly of the southern boundary of Swan Location P. 232 and extending north- erly to the southern alignment of Alfred Road including a widening at the north-eastern corner of Lot 57 on Land Titles Office Diagram No. 16686,

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 shall be granted to the Municipality of Claremont for incor- poration in the Lake Claremont reclamation and beautification scheme.

Closure of

portion of	4. (1) All that portion of a public road in the
Ambleside

Avenue,	City of Perth being
Mount

Hawthorn. the portion of Ambleside Avenue, Mount Hawthorn, east of the eastern alignment of East 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 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

1956.] Road Closure. [No. 66.

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 contiguous to it.

(3)

The Registrar of Titles shall, on the applica- tion of the owner of the 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.

(4)

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.

Closure of

5. (1) All that portion of a public road in the Perth Municipal District being

portion of a public road

at Leeder-

vine.

the portion of a road one chain wide extending along part of a north-eastern boundary of Swan Location 2853 and situate south-eastward of the prolongation south-westerly of a line parallel to and distant six and two-tenths links north- westerly from the south-eastern boundary of lot

28 of Perthshire Location 1 on Land Titles Office

Plan 2557,

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 set apart as a reserve for Recreation.

No. 66.] Road Closure. [1956.

Deviation of

Portion of	6. (1) The public road in the Rockingham Road the manner shown on Lands and Surveys Diagram
Esplanade,
Rocking-	District known as Esplanade is hereby deviated in
ham.
No. 63608 and the portion containing three perches
as coloured blue on the diagram is hereby closed and all rights of way over that portion shall cease on the coming into operation of this Act.

The land comprised in the portion so closed is hereby vested as for an estate in fee simple in the owner for the time being of the contiguous land comprising portion of Rockingham Lot 218 and being Lot 1 on Land Titles Office Diagram No. 16071 by way of exchange for portion of the same lot referred to in subsection (3) hereof and shall be included in and become portion of Lot 1.

(2)

The portion of the said Lot 1 on Land Titles Office Diagram No. 16071 as shown coloured dark brown on Lands and Surveys Diagram No. 63608 and containing six-tenths of a perch is hereby revested in Her Majesty as of her former estate and is dedi- cated as portion of the public road known as Esplanade.

(3)

(4) The Registrar of Titles shall, on application by the owner of the aforesaid Lot 1 and on payment of the prescribed fee cancel the relative Certificate of Title and issue a new one to that lot to include the land comprised in the portion of the road so closed and excluding the revested land.

(5) Where the land contiguous to any part of the road so vested is subject to 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 that 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.

1956.] Road Closure. [No. 66.

Closure of

(1) All that portion of Outridge Terrace in the Kalgoorlie Municipal District being

portion of Outridge

Terrace.

Kalgoorlie

7.

the portion surveyed in Kalgoorlie Lots 3381 to 3383 inclusive on Lands and Surveys Original Plan No. 6895

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 in such manner as the Governor approves and is hereby authorised to approve.

Closure of

(1) The public road, known as University Avenue in the Subiaco Municipal District and

University

Avenue.

Hollywood

being

8.

the whole of University Avenue extending from the intersection of the southern alignment of Aberdare Road and the western alignment of Winthrop Avenue to the northern alignment of Monash Avenue

may be closed by the Governor by proclamation and

thereupon all rights of way over it shall cease.

(2) The land comprised in the road when 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 may be disposed of in such manner as the Governor approves and is hereby authorised to approve.

9. (1) All those portions of Blair Street at ,?,14Torgsoif

Bunbury in the Bunbury Municipal District being— Blai Street. Br unbury

(a) that portion now surveyed as Wellington Locations 4686,4687,4688 and 4689 on Lands and Surveys Original Plan No. 6788, and