Railway (Tilley to Karara) Act 2010

 

Railway (Tilley to Karara) Act 2010

Contents

Part 1 — Preliminary

1.Short title2

2.Commencement2

Part 2 — Authority to construct railway

3.Authority to construct Tilley to Karara railway3

Part 3 — Application of various written laws if construction of railway undertaken by contractor

4.Terms used4

5.Application of Part4

6.Aboriginal Heritage Act 19724

7.Environmental Protection Act 19864

Schedule 1 — Line of Tilley to Karara Railway

Notes

Compilation table6

Uncommenced provisions table6

Defined terms

 

Railway (Tilley to Karara) Act 2010

An Act to authorise the construction of a railway from Tilley to Karara, and for related purposes.

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1.Short title

This is the Railway (Tilley to Karara) Act 2010.

2.Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

Part 2 — Authority to construct railway

3.Authority to construct Tilley to Karara railway

A railway, with all necessary, proper and usual works and facilities in connection with the railway, may be constructed and maintained along the line described in Schedule 1.

Part 3 — Application of various written laws if construction of railway undertaken by contractor

4.Terms used

In this Part —

proposal has the meaning given in the Environmental Protection Act 1986 section 3(1);

Public Transport Authority means the Public Transport Authority of Western Australia established under the Public Transport Authority Act 2003 section 5;

specified means specified or described in the regulations.

5.Application of Part

This Part applies if the Public Transport Authority enters into a contract or arrangement with another person (the contractor) for the construction of all, or part, of the railway (the construction of the railway).

6.Aboriginal Heritage Act 1972

For the purposes of the construction of the railway, the Aboriginal Heritage Act 1972 applies in relation to any land required to be used for the construction of the railway as if the contractor were the owner of that land.

7.Environmental Protection Act 1986

For the purposes of the construction of the railway, the Environmental Protection Act 1986 applies as if, despite anything else in that Act, the contractor had been nominated under section 38(6) of that Act as the person responsible for any proposal in respect of the construction of the railway.

 

 

Schedule 1 — Line of Tilley to Karara Railway

[s. 3]

1.The Tilley to Karara railway commences about 336.5 kilometres along the Avon Yard to Mullewa Railway line at point 1 in the sequence specified in the Table then continues, generally in an easterly or south‑easterly direction, along a straight line between each of the points in the sequence, and terminates at point 10, about 74 kilometres from point 1.

Table

Point no.

East

North

1

404000

6773000

2

418900

6773000

3

420000

6773700

4

423803

6774160

5

428775

6770355

6

443240

6770410

7

450215

6772010

8

467440

6771655

9

471475

6772630

10

474220

6771125

2.The course to be taken by the railway is shown as a red line on Public Transport Authority Plan 17‑C‑15‑1001.

Note for this Schedule:

Coordinate references are to Map Grid of Australia 1994 grid coordinates in Zone 50 of the Universal Transverse Mercator Grid System based on the Geocentric Datum of Australia.

 

Notes

This is a compilation of the Railway (Tilley to Karara) Act 2010. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title

Number and year

Assent

Commencement

Railway (Tilley to Karara) Act 2010

25 of 2010

7 Jul 2010

7 Jul 2010 (see s. 2)

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Short title

Number and year

Assent

Commencement

Aboriginal Cultural Heritage Act 2021 s. 351

27 of 2021

22 Dec 2021

1 Jul 2023 (see s. 2(e) and SL 2023/40 cl. 2(b))

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

construction of the railway5

contractor5

proposal4

Public Transport Authority4

specified4