Road Closure Act 1961 (WA)

1961.] Road Closure. [No. 74.

ROAD CLOSURE.

10° Elizabeth II., No. LXXIV.

No. 74 of 1961.

AN ACT to provide 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 28th November, 1961.]

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 Road Closure Short title and citation.

Act, 1961.

2. (1) All those portions of a private street in iTocgornesooff Rowe Street

the Albany Municipal District being— lbany.

the portions of Rowe Street, Albany, as shown on Land Titles Office Plan No. 277 and being the portions on the south-western boundaries of Lots 11 and 37 on that plan,

No. 74.] Road Closure. [1961.

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

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 or reserved by the Governor under the provisions of the Land Act, 1933, in such manner as he may approve.

Closure

Anne Street 3. (1) The public road in the Shire of Bayswater

Bayswater. known as Anne Street and being

Road No. 2558 extending from Lawrence Street to Coode Street,

may be closed by the Governor by proclamation and

all rights of way over it shall thereupon cease.

The land comprised in the road when so closed shall, by force of this section, thereupon vest in the Shire of Bayswater, as for an estate in fee simple, as owner for the time being of the land contiguous to the south-eastern side of the road so closed.

(2)

The Registrar of Titles shall, on the applica- tion of the Shire of Bayswater and on payment of the prescribed fees, cancel the relevant certificates of title to the contiguous land and shall issue new certificates in which the land in the road so closed and vested shall be included.

(3)

Where land contiguous to any part of the road so closed and vested is subject to an encumbrance, whether by way of mortgage or otherwise, as regards any estate or interest in the land, 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

(4)

1961.] Road Closure. [No. 74.

4.    (1) All that portion of a private right-of-way =ft,.

at Inglewood, in the Municipal District of the Shire Inglewood.

of Perth, being

the right-of-way in the section between Craw- ford Road, Sexton Road and Robinson Street, as shown on Land Titles Office Plan No. 2742 and being portion of the land coloured brown on that plan,

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 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 may be disposed of by the Governor under the provisions of the Land Act, 1933, in such manner as he may approve.

(1) All that portion of a private right-of-way at Inglewood, in the Municipal District of the Shire	Closure of
right-of-way
Inglewood.
of Perth, being

5.

the right-of-way commencing from the north- eastern alignment of Wood Street and extend- ing north-eastward and thence south-eastward around the boundaries of Lots 1 to 4 inclusive on Land Title Office Diagram No. 10263 and Lots 7, 6 and 5 on Diagram No. 6780 to the north-western alignment of Catherine 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 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 may be disposed of under the provisions of the Land Act, 1933, in such manner as the Governor may approve.

No. 74.] Road Closure. [1961.

Closure 6. (1) All that portion of a public road in the

portion road

No. 1135 at

Midland. Town of Midland being

the portion of the Bellevue-Kalamunda Road (Road No. 1135), commencing at the production north-westerly of the south-western alignment of Clayton Street and extending southward to a surveyed line shown on Lands and Surveys Diagram No. 67214 extending two hundred and seventy-four degrees twenty-eight minutes from the north-western corner of lot 2 on Land Titles Diagram No. 22910,

may be closed by the Governor by proclamation and all rights of way over it shall thereupon cease.

(2) The land comprised in the portion when so closed shall, by force of this section, thereupon revest in Her Majesty, as of her former estate and be removed from the operation of the Transfer of Land Act, 1893, with the intention that the land be included in the contiguous Reserve No. 23917 now vested in The Midland Junction Abattoir Board.

-Closure of

certain roads 7. (1) All those portions of surveyed roads at

Lawley. at Mount Mount Lawley in the Shire of Perth being—

(a)	portion of Road No. 11220 commencing at the prolongation easterly of the northern boundary of Reserve 23735 (Coolbinia Schoolsite) and extending northward to the southern alignment of Wordsworth Avenue;
(b)	portion of Road No. 4231 commencing at the north-eastern alignment of Bradford Street opposite its intersection with Alexander Drive and extending north- eastward and thence north-westward to the southern alignment of Wordsworth Avenue;
(c)	portion of Road No. 250, commencing from the production north-westerly of the south- western boundary of Reserve 23680 (Mount Lawley High Schoolsite) and extending north-eastward to the southern alignment of Stancliffe Street; and

1961.] Road Closure. [No. 74.

(d) portion of Road No. 250 extending through Class A Reserve 18325 (Mount Lawley Golf Course) from the new alignment of Central Avenue to Walter Road,

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 is hereby revested in Her Majesty, as of her former estate, with the intention that it be included in the contiguous reserves and new roads in such manner as the Governor may approve.

8. (1) All those portions of surveyed roads at =math at Shenton

Shenton Park in the City of Nedlands being— Park.

(a)	the portion of Road No. 2071, commencing from the northern alignment of a surveyed road along the northern boundary of Swan Location 3150 (Reserve No. 18747) and extending north-westward to "a surveyed line parallel to and one chain fifty-three and four-tenths links distant from the southern boundary of Swan Location 691;
(b)	the portion of a surveyed road two chains wide, commencing at the western alignment of Selby Street and extending in a general south-westerly direction through Swan Location 2103 to the production northerly of the western boundary of Swan Location 2121; and
(c)	the portion of a surveyed road one chain. wide, commencing from the production north-easterly of the north-western boun- dary of Swan Location 2121 and extending south-eastward and eastward to the produc- tion southward of the western alignment of Selby Street,

are hereby closed and all rights of way over them shall cease on the coming into operation of this Act.

No. 74.] Road Closure. [1961.

The land comprised in the portions so closed is hereby included in, and shall become portion of, Swan Location 2103 and is hereby vested as for an estate in fee simple in The University of Western Australia, in trust, for the purpose of an "Endow- ment".

(2)

The Registrar of Titles shall, on the applica- tion of The University of Western Australia and on payment of the prescribed fees, cancel the relevant certificates of title for the land contiguous to the portions so closed and issue new certificates in which the portions so closed and vested shall be included.

(3)

(4) Where land contiguous to the portion so closed and vested is subject to an encumbrance, whether by way of mortgage or otherwise, as regards any estate or interest in the land, then the portion shall, if the nature of the encumbrance so admits, on the issue of the new certificate of title showing the vesting of the portion, 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

road at 9. (1) All that portion of a public road at

Swanbourne.

Swanbourne in the City of Nedlands Municipal

District being

the portion of a surveyed road along the northern boundary of Cottesloe Lot 192 commencing from the eastern alignment of Swanbourne Terrace and extending easterly to the north-western side of Odern Crescent as shown on Land Titles Office Plan 7431,

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, containing one rood thirty-four and one-half perches, is hereby revested in Her Majesty, as of her former estate with the intention that it be included in the contiguous Class A Reserve No. 7804.

1961.] Road Closure. [No. 74.

10.    (1) All that portion of a private road in the pitigiei

Town of Northam Municipal District being— glterimar Northam

the portion of Dempster Street, Northam, commencing from a line connecting the south- western corner of lot 37 with the north-western corner of Lot 23 on Land Titles Office Plan 603 and extending south-easterly to the north- western alignment of a surveyed road along the south-eastern boundaries of Lots 28 and 29 on the said plan,

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 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 made available for sale to the owner for the time being of the contiguous land under the Land Act, 1933, in such manner as the Governor may approve.

11.   (1) All that portion of a private street in ?PAL'

Street,

the Town of North Fremantle being—

North

Fremantle.

the remaining portion of Miriam Street, extend- ing westward from Bracks Street as shown on Land Titles Office Plan No. 7581,

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 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 made available for sale to the owners of contiguous land under the provisions of the Land Act, 1933, in such manner as the Governor may approve.

No. 74.] Road Closure. [1961.

Closure	12.	(1) All that portion of a public road in the the portion of Harvest Terrace, Perth, com- mencing at the north-western alignment of Malcolm Street and extending north-eastward to a line situated eighty links southward from the prolongation easterly of the southern alignment of Parliament Place,
portion
Harvest

Terrace,

City of Perth being

Perth.

may be closed by the Governor by proclamation and

all rights of way over it shall thereupon cease.

(2) The land comprised in the portion when so closed shall, by force of this section, revert in Her Majesty, as of her former estate, with the intention that it be included in Class A Reserve 1162, Parliamentary Building Site, subject to any necessary adjustment to the south-eastern corner of Class A Reserve 3495.

Closure of	13.	(1) That portion of Upham Street, Daglish, the portion extending from the eastern boundary of Daglish Lot 436 to the prolonga- tion north-easterly of the south-eastern boundary of Lot 225 of Swan Location 2123,
Portion of
Upham

Street,

in the Municipal District of the City of Subiaco

Daglish.

being

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 revested in Her Majesty, as of her former estate, with the intention that it be included in Reserve No. 9397 and be granted to the City of Subiaco, in trust, for the purpose of Municipal Endowment.

Closure

certain roads 14. (1) All those portions of public roads at

at Tolimont.

Jolimont in the City of Subiaco Municipal District

being

(a) portion of Jolimont Terrace, commencing at the prolongation northerly of the eastern boundary of Lot 4 of Section D on Land

1961.] Road Closure. [No. 74.

Titles Office Plan No. 421 and extending westward to the eastern alignment of Peel Street;

(b) portion of Lansdowne Street, commencing at the southern alignment of Jolimont Terrace and extending southward to a line connecting the south-western corner of

Lot 51 of Section D with the south-eastern corner of Lot 17 of Section C on Plan 421; and

(c) portion of Rosebery Street, commencing at the southern alignment of Jolimont Terrace and extending southward to a line connecting the south-western corner of Lot 53 of Section C with the south-eastern corner of Lot 15 of Section B on Plan No. 421,

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 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 included in a proposed reserve for the purpose of drainage (Jolimont Compensating Basin) to be vested in the Minister of Water Supply Sewerage and Drainage.