Western Australia
Private Railways (Level Crossings) Act 1966
Reprint 1: The Act as at 7 May 2004
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original Act and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Validation, transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the Act being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a section that was inserted, or has been amended, since the Act being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Act is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the Act has been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the Act was passed. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the Act is reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Reprinted under the Reprints Act 1984 as
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at 7 May 2004
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Western Australia
Private Railways (Level Crossings) Act 1966
An Act relating to level crossings over private railways.
1.Short title
This Act may be cited as the Private Railways (Level Crossings) Act 1966 1.
2.Commencement
This Act shall come into operation on a date to be fixed by proclamation 1.
3.Interpretation
In this Act, unless the contrary intention appears —
“level crossing” in relation to a private railway means a place where the line of the private railway crosses a road on the level;
“private railway” means a railway that is constructed by a person under the authority of an agreement with the State;
“road” means a thoroughfare or highway which the public is entitled to use and any part thereof and which road has been proclaimed, reserved, declared or otherwise dedicated as a road under an Act.
4.Rights of way at level crossings
(1)The public right of way at a level crossing —
(a)shall cease when and as often as any engine, truck or carriage on the line of a private railway that passes through the level crossing is approaching and within a distance of 400 metres from the level crossing; and
(b)shall at all other times extend only to the right of crossing the line of railway at the level crossing with all convenient speed but not stopping or continuing thereon.
(2)Subject to this Act, the owner of a private railway —
(a)may carry on and conduct the working and management of that railway in accordance with the provisions of the agreement under which the railway is constructed, in every respect at or through a level crossing through which the line of that railway passes;
(b)may erect, maintain and operate, for the protection of persons and property using or passing over the level crossing, gates and other obstructions on each side of the line of private railway where it passes through the level crossing and may keep the gates closed or obstructions erected, except where persons with or without animals or in vehicles or other conveyances have the right, under subsection (1), to cross the line of railway at the level crossing, and may safely do so.
5.Erection of warning devices at existing and future level crossings
(1)Subject to subsection (2), the owner of a private railway, the line of which passes through a level crossing that is in existence immediately prior to the coming into operation of this Act, shall unless otherwise provided in the agreement under which the railway is constructed cause to be erected, maintained and operated thereat at his own cost in all things, such notices, warning and safety devices, including boom gates or rails on each side of that line, as is necessary for the protection of persons and property using or passing over the level crossing.
(2)Where the line of a private railway passes through a level crossing that was not in existence before the coming into operation of this Act, the owner of the private railway shall, if requested by the Minister to do so, on such terms and conditions as to the erection, maintenance and operation thereof as are agreed between the owner and the Minister, cause to be erected, maintained and operated such notices, warning and safety devices as are referred to in subsection (1).
(3)Any dispute or difference between the owner and the Minister as to the amount of the cost and other terms and conditions upon which such notices, warning and safety devices may be erected, maintained and operated under subsection (2), shall be referred to and settled by arbitration under the provisions of the Arbitration Act 1895 2.
Notes
1This reprint is a compilation as at 7 May 2004 of the Private Railways (Level Crossings) Act 1966 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
Compilation table
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Short title
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Number and year
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Assent
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Commencement
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Private Railways (Level Crossings) Act 1966
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77 of 1966
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12 Dec 1966
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30 Dec 1966 (see s. 2 and Gazette 30 Dec 1966 p. 3430)
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Metric Conversion Act 1972
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94 of 1972 (as amended by No. 19 & 83 of 1973)
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4 Dec 1972
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Relevant amendments (see Third Sch. 3) took effect on 4 Oct 1974 (see s. 4(2) and Gazette 4 Oct 1974 p. 3818)
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Reprint 1: The Private Railways (Level Crossings) Act 1966 as at 7 May 2004
(includes amendments listed above)
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2Repealed by the Commercial Arbitration Act 1985.
3The Third Schedule was inserted by the Metric Conversion Act Amendment Act (No. 2) 1973.
By Authority: JOHN A. STRIJK, Government Printer