Western Australian Current Acts

GOVERNMENT RAILWAYS ACT 1904

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title
            
   2.      Terms used
            
   2AA.    Certain leased land continues to be part of government railway
            
   2A.     Relationship of this Act to Rail Safety National Law (WA) Act 2015
            
   3.      Property in things on Crown land that is part of government railway
            
   4.      Authorisation of construction of government railway on Crown land, effect of on the land
            
   7.      Evidentiary provision as to government railways

   PART III -- The direction, management, maintenance and control of the Western Australian government railways  

   13.     Authority to manage government railways; Authority’s powers
            
   14.     Authority may join any body formed for improvement of railways
            
   15.     Protection of railway, Authority’s powers to construct works for
            
   18.     Level crossings, gates etc. at etc.
            
   23.     By-laws
            
   24.     By-laws made under s. 23, general provisions as to
            
   25.     Carriage of goods by rail, Authority may determine conditions of etc.
            
   26.     Insurance of goods carried by rail, agreements as to
            
   26A.    Carriage of people and freight, contracts as to
            
   27.     Authority’s liability for goods left on railway premises
            
   30.     Lien for charges for carriage of goods by rail
            
   31.     Goods may be sold on refusal to pay charges
            
   32.     Goods of unknown owner etc. left on railway, sale of
            
   33.     Proceeds of sale under s. 31 or 32, application of
            
   34.     Dangerous goods, carriage of by rail
            
   35.     Legal proceedings relating to railway, Authority may bring etc.
            
   36.     Legal proceedings relating to railway to be brought against Authority
            
   37.     Authority deemed to be common carrier
            
   38.     Plaintiff in action for personal injuries to submit to medical examination
            
   40.     No liability of Authority in certain cases
            
   43.     Offences
            
   45.     Offences relating to tickets etc.
            
   46.     Offences involving intent to defraud
            
   47.     Term used: free pass
            
   48.     Offences on railways
            
   49.     Arrest power
            
   50.     Authority etc. may remove danger etc. caused by breach of Act or by-law
            
   51.     Offences by railway employees
            
   53.     Cattle trespassing on railway, powers as to
            
   53A.    Infringement notices

   PART V -- Agreements concerning railway property  

   61.     Use of railways by other rail service operators
            
   63A.    Railway land at Joondalup and Subiaco, Authority’s power to grant lease of
            
   63B.    Lease of railway land to Co-operative Bulk Handling Ltd.
            
   64.     Other powers not excluded by this Part
            
   66A.    Tourist railways

   PART VI -- Sidings  

   68.     Authority may agree to work siding in connection with railway

   PART VII -- Miscellaneous provisions  

   72.     No railway to cross government railway without Authority’s consent
            
   73.     Authority may appoint and dismiss certain employees
            
   74.     Special constables for railways, appointment of etc.
            
   76.     West Super Plus Pty Ltd, Authority’s powers as to
            
   77.     Decisions under s. 73, appeal against to Appeal Board
            
   78.     Appeal Board, constitution of
            
   80.     Appeals, commencing etc.
            
   81.     Decision of Board
            
   82.     Appeals, procedures on
            
   83.     Appeal Board’s powers
            
   84.     Regulations
            
   88.      Rates etc. exemption for government railways
            
   92.     Ministers, departments etc., functions of not affected by this Act
            
   94.     Prosecutions
            
   95.     Representation of Authority in summary proceedings
            
   96.     Evidentiary provisions
            
   98.     Regulations
            
           Uncommenced provisions table
            
           Other notes
           Defined terms