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This is a Bill, not an Act. For current law, see the Acts databases.


RAILWAY (FORRESTFIELD-AIRPORT LINK) BILL 2015

                     Western Australia


Railway (Forrestfield-Airport Link) Bill 2015

                        Contents

       Part 1 -- Preliminary matters
  1.   Short title                                         2
  2.   Commencement                                        2
  3.   Terms used                                          2
       Part 2 -- Authority to construct
            Forrestfield-Airport Link
  4.   Authority to construct railway                      3
       Part 3 -- Application of written laws
            to airport section of railway
  5.   Compliance with Airports Act                        4
  6.   Application of Land Administration Act 1997         4
  7.   Exercise by Public Transport Authority of powers
       under Public Works Act 1902                         4
       Part 4 -- Application of Metropolitan
            Region Scheme
  8.   Planning approval not required for underground
       section of railway                                  5
       Schedule 1 -- Line of
           Forrestfield-Airport Link
       Defined terms




                          129--1                           page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


  Railway (Forrestfield-Airport Link) Bill 2015

                               A Bill for


An Act to authorise the construction of a railway from Bayswater to
Forrestfield (known as the Forrestfield-Airport Link).



The Parliament of Western Australia enacts as follows:




                                                              page 1
     Railway (Forrestfield-Airport Link) Bill 2015
     Part 1          Preliminary matters

     s. 1



1                     Part 1 -- Preliminary matters
2    1.       Short title
3             This is the Railway (Forrestfield-Airport Link) Act 2015.

4    2.       Commencement
5             This Act comes into operation on the day on which it receives
6             the Royal Assent.

7    3.       Terms used
8             In this Act, unless the contrary intention appears --
9             airport section of the railway means so much of the railway as
10            is constructed and maintained, or proposed to be constructed
11            and maintained, on, over or under Perth Airport land;
12            Airports Act means the Airports Act 1996 (Commonwealth);
13            Metropolitan Region Scheme has the meaning given in the
14            Planning and Development Act 2005 section 4(1);
15            Perth Airport land means the land described in the Airports
16            Regulations 1997 (Commonwealth) Schedule 1 Part 1.18;
17            Planning Commission means the Western Australian Planning
18            Commission established by the Planning and Development
19            Act 2005 section 7(1);
20            railway means the railway the construction and maintenance of
21            which is authorised by section 4;
22            underground section of the railway means so much of the
23            railway as is constructed, or proposed to be constructed,
24            underground, but does not include any part of a railway station,
25            or any part of a related car park, public transport interchange
26            facility or associated means of pedestrian or vehicular access,
27            that is constructed, or proposed to be constructed, underground.




     page 2
                                 Railway (Forrestfield-Airport Link) Bill 2015
                Authority to construct Forrestfield-Airport Link        Part 2

                                                                          s. 4



1              Part 2 -- Authority to construct
2                 Forrestfield-Airport Link
3   4.   Authority to construct railway
4        A railway, with all necessary, proper and usual works and
5        facilities in connection with the railway, may be constructed and
6        maintained along the line described in Schedule 1.




                                                                      page 3
     Railway (Forrestfield-Airport Link) Bill 2015
     Part 3          Application of written laws to airport section of railway

     s. 5



1           Part 3 -- Application of written laws to airport
2                        section of railway
3    5.         Compliance with Airports Act
4               A written law that applies in relation to the construction or
5               maintenance of the railway applies in relation to the
6               construction or maintenance of the airport section of the railway
7               only to the extent that the written law is not inconsistent with
8               the Airports Act.

9    6.         Application of Land Administration Act 1997
10        (1)   The Land Administration Act 1997 Parts 9 and 10 do not apply
11              in relation to the acquisition of any interest in Perth Airport land
12              required for the purpose of constructing or maintaining the
13              railway.
14        (2)   The Land Administration Act 1997 section 266 does not apply
15              in relation to any interest in Perth Airport land acquired for the
16              purpose of constructing or maintaining the railway.

17   7.         Exercise by Public Transport Authority of powers under
18              Public Works Act 1902
19              The Public Transport Authority must exercise its powers under
20              the Public Works Act 1902 section 99 in respect of the airport
21              section of the railway in accordance with the Airports Act.




     page 4
                                 Railway (Forrestfield-Airport Link) Bill 2015
                 Application of Metropolitan Region Scheme              Part 4

                                                                          s. 8



1    Part 4 -- Application of Metropolitan Region Scheme
2   8.    Planning approval not required for underground section of
3         railway
4         For the purposes of the Metropolitan Region Scheme, the
5         underground section of the railway is a development that may
6         be commenced or carried out without the approval of the
7         Planning Commission.




                                                                      page 5
     Railway (Forrestfield-Airport Link) Bill 2015
     Schedule 1      Line of Forrestfield-Airport Link




1             Schedule 1 -- Line of Forrestfield-Airport Link
2                                                                               [s. 4]
3    The line of the railway commences at a point along the Perth to Midland
4    railway line near the intersection of Cobden Street with Whatley Crescent,
5    Bayswater that is approximately 5 kilometres from the East Perth Terminal,
6    Summers Street (off Lord Street), East Perth and proceeds in a generally
7    south-easterly direction for approximately 8.5 kilometres along the Tonkin
8    Highway road reserve and Brearley Avenue road reserve, before passing
9    through Perth Airport towards High Wycombe, terminating adjacent to the
10   Forrestfield Rail Yard near Map Grid of Australia coordinates 404652 East and
11   6463348 North.
12   The course to be taken by the railway is shown as a red line on Public Transport
13   Authority drawing no. 16-C-15-0002 Rev A.

14




     page 6
                                              Railway (Forrestfield-Airport Link) Bill 2015



                                                                                                    Defined terms



                                        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 term                                                                                            Provision(s)
airport section of the railway ................................................................................ 3
Airports Act .......................................................................................................... 3
Metropolitan Region Scheme ............................................................................... 3
Perth Airport land ................................................................................................. 3
Planning Commission ........................................................................................... 3
railway .................................................................................................................. 3
underground section of the railway ....................................................................... 3




 


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