Kwinana-Mundijong-Jarrahdale Railway Act 1961

Western Australia

Kwinana‑Mundijong‑Jarrahdale Railway Act 1961

An Act to authorize the construction of a railway from Kwinana to Jarrahdale through Mundijong.

[Assented to 23rd November, 1961.]

Be 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.Short title

This Act may be cited as the Kwinana‑Mundijong‑Jarrahdale Railway Act 1961.

2.Commencement

(1)This Act shall come into operation on a day to be fixed by proclamation.

(2)The Governor shall not make a proclamation bringing this Act into operation unless and until he is satisfied that the Company has,

in relation to the construction of that portion of the railway authorized to be constructed between Kwinana and Mundijong by this Act,

fulfilled all the obligations that are required to be fulfilled by it under the Agreement prior to such construction being so authorized.

3.Interpretation

In this Act unless the contrary intention appears —

“the Agreement” means the agreement a copy of which is set forth in the Schedule to the Alumina Refinery Agreement Act 1961;

“the Company” has the same meaning as that expression has in the Agreement.

4.Authority to construct railway

It shall be lawful to construct and maintain a railway, with all necessary, proper and usual works and conveniences in connection therewith, along the line described in the Schedule to this Act, but that portion of the railway authorized to be constructed between Mundijong and Jarrahdale by this Act shall not be so constructed unless and until the parties to the agreement have, pursuant to clause twenty‑eight thereof, agreed on the terms and conditions upon which that portion is to be so constructed.

5.Authority for deviation

Notwithstanding anything contained in the Public Works Act 1902, it shall be lawful to deviate from that portion of the line as described in the Schedule to this Act, which consists of the portion of the line from Mundijong to Jarrahdale to the extent of five miles on either side thereof, and to deviate for the balance of such line at a distance of one mile on either side thereof.

Schedule

[Section 4]

RAILWAY FROM KWINANA TO JARRAHDALE THROUGH MUNDIJONG

Commencing at a point on the Coogee‑Kwinana railway 24 miles 30 chains from Perth in the Kwinana station yard and proceeding thence in a southerly direction for about 3 miles and thence in a south‑easterly direction for about 1 mile 10 chains and thence in an easterly direction for about 1 mile 20 chains and thence in a north‑easterly direction for about 1 mile 70 chains and thence in an easterly direction for about 7 miles 20 chains and thence in a southerly direction through Mundijong station yard for about 2 miles 30 chains and thence in an easterly direction for about 1 mile and thence in a north‑easterly direction for about 1 mile 30 chains and thence in a south‑easterly direction for about 4 miles 40 chains and thence in a north‑easterly direction for about 3 miles terminating at about the south‑west corner of location 819 as more particularly set out and delineated in red on map marked C.E. Plan No. 51871 deposited pursuant to the Public Works Act 1902, Section 96.

Total length about 26 miles 60 chains.

Notes

1.This is a compilation of the Kwinana‑Mundijong‑Jarrahdale Railway Act 1961 and includes all amendments effected by the other Acts referred to in the following Table.

Table of Acts

Act	Number and Year	Assent	Commencement	Miscellaneous
Kwinana‑Mundijong‑Jarrahdale Railway Act 1961	47 of 1961	23 November 1961	7 December 1962 (see Gazette 7 December 1962 p.3857)