Railways (Standard Gauge) Construction Act 1961

 

Railways (Standard Gauge) Construction Act 1961

Contents

1.Short title1

2.Authority to construct railway lines1

3.Authority to deviate1

4.State Transport Co-ordination Act 1933 s. 11(7) not to apply to railways2

First Schedule — Line of Kalgoorlie ‑ Perth Railway

Third Schedule — Line of Midland Junction ‑ Kewdale ‑ Welshpool Railway

Fourth Schedule — Line of Kewdale ‑ Kwinana Railway

Fifth Schedule — Line of Kalgoorlie ‑ Kamballie Railway

Notes

Compilation table7

 

Railways (Standard Gauge) Construction Act 1961

An Act to authorise the construction of a railway from Kalgoorlie to Kwinana, Midland Junction to East Perth, Kewdale to Kwinana, and Kalgoorlie to Kamballie.

[Long title amended: No. 64 of 1963 s. 2.]

1.Short title

This Act may be cited as the Railways (Standard Gauge) Construction Act 1961 1.

2.Authority to construct railway lines

It shall be lawful to construct and maintain the several railways, with all necessary, proper and usual works and conveniences in connection therewith, along the lines described respectively in the First, Third, Fourth and Fifth Schedules.

[Section 2 amended: No. 64 of 1963 s. 3.]

3.Authority to deviate

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 First Schedule which consists of the portion of the line from Kalgoorlie to Koolyanobbing to the extent of 10 miles on either side thereof, and to deviate from that portion of the line as so described which consists of the portion of the line from Koolyanobbing to East Northam to the extent of 5 miles on either side thereof, and to deviate from the balance of such line at a distance of one mile on either side thereof.

[Section 3 inserted: No. 64 of 1963 s. 4.]

4.State Transport Co-ordination Act 1933 s. 11(7) not to apply to railways

The provisions of section 11(7) of the State Transport Co‑ordination Act 1933 2, do not apply to the construction of the several railways authorised by this Act.

 

First Schedule — Line of Kalgoorlie ‑ Perth Railway

[s. 2]

[Heading inserted: No. 19 of 2010 s. 5.]

Commencing at a point in the Kalgoorlie station yard at which connection can be made to the existing 4 feet 8½ inches gauge Commonwealth railway and proceeding thence in a general westerly direction to a point adjacent to Koolyanobbing Hill on the area leased to Broken Hill Pty. Co. Ltd. (Yilgarn Loc. 1425) and thence in a general south‑westerly and southerly direction to a point adjacent to Southern Cross Station and thence alongside the 3 feet 6 inches gauge railway built under Act number 55 Victoriae 12 of 1892 3 to East Northam and thence in, a north‑westerly direction along the valley of the Avon River to Toodyay and thence generally in, a north‑westerly, westerly and south‑westerly direction, along the valley of the Avon River to a point alongside The Midland Railway Company of Western Australia Limited’s railway about 7½ miles north of Midland Junction and thence in a southerly direction alongside The Midland Railway Company of Western Australia Limited’s railway to a point about 3 miles north of Midland Junction and thence in a south‑easterly direction to a point alongside the 3 feet 6 inches gauge railway at Bellevue and thence alongside the 3 feet 6 inches gauge railway built under Act numbered 44 Victoriae 18 of 1881 3 to a point between East Perth and Perth.

[First Schedule inserted: No. 64 of 1963 s. 5.]

[Second Schedule deleted: No. 64 of 1963 s. 6.]

Third Schedule — Line of Midland Junction ‑ Kewdale ‑ Welshpool Railway

[s. 2]

[Heading inserted: No. 19 of 2010 s. 5.]

Commencing at a point in Midland Junction station yard and proceeding thence in a westerly direction to West Midland and thence in a southerly direction alongside the railway to Kewdale and Welshpool authorised under Act number 62 of 1957 4.

[Third Schedule inserted: No. 64 of 1963 s. 7.]

Fourth Schedule — Line of Kewdale ‑ Kwinana Railway

[s. 2]

[Heading inserted: No. 19 of 2010 s. 5.]

Commencing at a point in the Kewdale marshalling yard and proceeding thence generally in a southerly and south‑westerly direction to junction with the Spearwood‑Cockburn Cement railway constructed under Act number 33 of 1961 5 and thence in both a southerly direction to the southern terminus of the Coogee‑Kwinana railway and a westerly and northerly direction to North Fremantle parallel to the 3 feet 6 inches gauge railways built under Acts numbered 3 Edward VII 17 of 1904 6, 61 Victoriae 31 of 1897 3 and 42 Victoriae 27 of 1878 3, and thence to Rocky Bay parallel to the railway built under Act number 63 Victoriae 51 of 1899 3. Also from Robb Jetty to Woodman Point parallel to the railway built under Act number 2 Edward VII 40 of 1902 6.

[Fourth Schedule inserted: No. 64 of 1963 s. 8.]

Total length of railways referred to in the above Schedules about 460 miles. The whole to be located as shown in red on maps marked C.E. Plans numbered 54405, 54406 and 54407 deposited pursuant to section 96 of the Public Works Act 1902.

[Fourth Schedule inserted: No. 64 of 1963 s. 8.]

Fifth Schedule — Line of Kalgoorlie ‑ Kamballie Railway

[s. 2]

[Heading inserted: No. 19 of 2010 s. 5.]

Commencing at a point in the Kalgoorlie station yard and thence proceeding generally in an easterly and south‑easterly direction on the route of the railway constructed under Act 61 Victoriae number 18 of 1897 3 and terminating at a point in the Kamballie station yard.

Total length about 5 miles to be located as shown in red on map marked C.E. Plan 51753 deposited pursuant to the Public Works Act 1902, section 96.

 

Notes

1This is a compilation of the Railways (Standard Gauge) Construction Act 1961 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

Short title

Number and year

Assent

Commencement

Railways (Standard Gauge) Construction Act 1961

27 of 1961

30 Oct 1961

30 Oct 1961

Railways (Standard Gauge) Construction Act Amendment Act 1963

64 of 1963

18 Dec 1963

18 Dec 1963

Reprint 1: The Railways (Standard Gauge) Construction Act 1961 as at 14 Mar 2003
(includes amendments listed above)

Standardisation of Formatting Act 2010 s. 5

19 of 2010

28 Jun 2010

11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)

2Repealed by the State Transport Co-ordination Act 1966 which was repealed by the State Transport Co-ordination Act 1981 which was repealed by the Acts Amendment and Repeal (Transport Co-ordination) Act 1985.

3Repealed by the Statute Law Revision Act 1964.

4Midland Junction-Welshpool Railway Act 1957.

5Spearwood-Cockburn Cement Pty. Limited Railway Act 1961.

6Repealed by the Statute Law Revision Act 1965.