{"id":"railway-discontinuance-act-2006","name":"Railway Discontinuance Act 2006","slug":"railway-discontinuance-act-2006","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106432,"registerId":"wa-railway-discontinuance-act-2006-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Railway Discontinuance Act 2006","content":"![Crest]()Western Australia\n\nRailway Discontinuance Act 2006\n\nWestern Australia\n\nRailway Discontinuance Act 2006\n\nContents\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Terms used in this Act 2\n\n4. Discontinuance of scheduled railways, and incidental matters 2\n\n5. Disposition of land 3\n\n6. Power of Authority to deal with land 3\n\nSchedule 1 — Scheduled land (Fremantle‑Kwinana Railway)\n\nSchedule 2 — Scheduled land (Midland Junction‑Welshpool Railway)\n\nNotes\n\nCompilation table 6\n\nDefined terms\n\n  \n\nWestern Australia\n\nRailway Discontinuance Act 2006\n\nAn Act to provide for the discontinuance of certain portions of railway and to authorise the disposition of certain material and land, and for related purposes.\n\nThe Parliament of Western Australia enacts as follows:\n\n##### 1. Short title\n\nThis is the *Railway Discontinuance Act 2006*.\n\n##### 2. Commencement\n\nThis Act comes into operation on the day on which it receives the Royal Assent.\n\n##### 3. Terms used in this Act\n\nIn this Act —\n\n  Authority means the Public Transport Authority of Western Australia established by the *Public Transport Authority Act 2003* section 5;\n\nMinister for Lands means the Minister to whom the administration of the *Land Administration Act 1997* is for the time being committed by the Governor;\n\nscheduled land means the land described in Schedule 1 and Schedule 2;\n\nscheduled railways means the portions of railway constructed on the scheduled land.\n\n##### 4. Discontinuance of scheduled railways, and incidental matters\n\n(1) The scheduled railways are discontinued.\n\n(2) The material comprising the scheduled railways, or any portion of that material, may be —\n\n(a) used in the construction or maintenance of any Government railway, as defined in the *Government Railways Act 1904* section 2;\n\n(b) used in the construction of any railway authorised to be constructed under any other Act; or\n\n(c) sold, disposed of, or otherwise dealt with.\n\n##### 5. Disposition of land\n\n(1) The Minister for Lands is to transfer to the Authority in fee simple, under the *Land Administration Act 1997*, any land that becomes Crown land by the operation of section 4 of this Act and the *Land Administration Act 1997* section 266.\n\n(2) The Minister for Lands is to transfer land under subsection (1) without requiring the payment of any consideration in respect of that transfer.\n\n##### 6. Power of Authority to deal with land\n\n(1) With the approval of the Minister to whom the administration of the *Government Railways Act 1904* is for the time being committed by the Governor, the Authority may sell or otherwise dispose of any land transferred to it under section 5.\n\n(2) The Authority is to credit the proceeds of any sale or disposal of land under subsection (1) to the Public Transport Authority Account referred to in the *Public Transport Authority Act 2003* section 32.\n\nSchedule 1 — Scheduled land (Fremantle‑Kwinana Railway)\n\n[s. 3]\n\nThat portion of the land acquired for the purpose of the Fremantle‑Kwinana Railway under authorisation of the *Robb’s Jetty‑Woodman’s Point Railway Act 1902* and the *Coogee‑Kwinana Railway Act 1952*, more particularly being that portion of land, maintaining the integrity of the East Perth to Cockburn North section of railway, commencing in Spearwood at a line formed by the easterly projection of the southern boundary of Lot 3 on Plan 17373 and proceeding southerly for a distance of about 2.7 km, terminating at the northern extent of the discontinuance authorised under the *Railway (Coogee‑Kwinana Railway) Discontinuance Act 1973*, which was 16 miles 70 chains by rail from Perth via Fremantle and is approximately 350 m north of Fairbairn Road, Coogee.\n\nSchedule 2 — Scheduled land (Midland Junction‑Welshpool Railway)\n\n[s. 3]\n\nThat portion of land acquired for the purpose of the Midland Junction Railway under authorisation of the *Midland Junction-Welshpool Railway Act 1957* commencing at the intersection of the north‑western side boundary of Pilbara Street, Welshpool with the southern boundary of Lot 451 on Plan 9521, from there proceeding westerly and southerly for a distance of about 2.9 km, terminating at the north‑eastern boundary of Railway Parade, Welshpool where it adjoins the land in Diagram 34950.\n\nNotes\n\n1 This is a compilation of the *Railway Discontinuance Act 2006*. The following table contains information about that Act.\n\nCompilation table\n\n| **Short title** | **Number and Year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Railway Discontinuance Act 2006* | 2 of 2006 | 30 Mar 2006 | 30 Mar 2006 (see s. 2) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAuthority 3\n\nMinister for Lands 3\n\nscheduled land 3\n\nscheduled railways 3\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: discontinuing two specific railway sections and disposing of the resulting land and materials. There is no evidence of scope creep or expansion beyond the original intent."},"complexity_factors":["Only 6 substantive sections plus 2 schedules","4 defined terms in a single interpretation section","Minimal cross-referencing (only references to 4 other Acts for definitions and procedural context)","No nested exceptions or conditional logic – the operative provisions are direct commands ('is to transfer', 'may sell')","Schedules contain only geographical descriptions of land, not complex tabular data or layered provisions","Straightforward linear structure: definitions → discontinuance → land transfer → disposal powers"],"plain_english_summary":"**What this law does:**\n\nThis Act formally shuts down two specific sections of railway line in Western Australia and sets out what happens to the land and materials afterwards.\n\n**Who it affects:**\n\n- **The Public Transport Authority** – gains ownership of the land and can sell it with ministerial approval\n- **The Minister for Lands** – handles the transfer of land from Crown (government) ownership to the Authority\n- **Local communities** – the Fremantle-Kwinana and Midland Junction-Welshpool areas, where the railway corridors will be repurposed or sold\n\n**The two railway sections being closed:**\n\n1. **Fremantle-Kwinana section** – about 2.7 km of track in the Spearwood/Coogee area, running south from Lot 3 on Plan 17373 to near Fairbairn Road\n2. **Midland Junction-Welshpool section** – about 2.9 km of track in Welshpool, running from Pilbara Street to Railway Parade\n\n**What happens next:**\n\n- The railway tracks and infrastructure are officially **discontinued** (shut down)\n- Materials (rails, sleepers, etc.) can be:\n  - Reused on other government railways\n  - Used for new railway projects\n  - Sold or disposed of\n- The land becomes **Crown land** (government-owned land) and is transferred to the Public Transport Authority **for free**\n- The Authority can then sell or develop the land, but only with approval from the relevant Minister\n- Any money from land sales goes into the Public Transport Authority's account\n\n**Why it matters:**\n\nThis is essentially a **tidying-up exercise** for obsolete infrastructure. Rather than leaving abandoned railway corridors in legal limbo, the Act creates a clear pathway to repurpose valuable land in Perth's southern and eastern suburbs. It ensures any proceeds from redevelopment fund public transport rather than disappearing into general revenue."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — no legislative text was available for analysis."},"complexity_factors":["No legislative content was retrievable — only an error/redirect page was provided","Cannot assess complexity without the actual text of the Act","Score of 1 reflects absence of content, not simplicity of the law itself"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe text of the **Railway Discontinuance Act 2006** (Western Australia) could not be retrieved. The page is no longer available on the Western Australian legislation website due to system and security upgrades.\n\n**What we do know:**\n- This is a Western Australian Act from 2006\n- Based on its name, it likely deals with the formal legal process of **discontinuing (shutting down or decommissioning) one or more railway lines** in Western Australia\n- Such Acts typically address things like: transferring or disposing of railway land, ending operational obligations, and handling any affected workers or contracts\n\n**To find the actual text of this Act**, try:\n- Searching directly at [legislation.wa.gov.au](https://www.legislation.wa.gov.au)\n- Contacting the Parliamentary Counsel's Office Helpdesk (linked on the WA legislation site)"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act is narrowly focused: it discontinues two specified rail segments and sets out the resulting property and material‑disposition steps. It does not introduce new regulatory regimes or broaden powers beyond disposal and transfer of the specified land and materials. There is no evidence in the text that the scope has been expanded beyond that targeted purpose."},"complexity_factors":["6 substantive sections plus 2 schedules (short overall length)","4 defined terms in s.3 (Authority; Minister for Lands; scheduled land; scheduled railways)","Cross‑references to at least three other Acts (Public Transport Authority Act 2003; Land Administration Act 1997; Government Railways Act 1904)","Procedural triggers (automatic discontinuance in s.4(1); transfer obligation in s.5) with a ministerial approval condition for disposal (s.6(1))","Schedules contain geographically precise parcel descriptions referencing historic Acts and plans (potentially requiring surveying/legal mapping)","Limited conditional logic and few exceptions (mostly straightforward authorisations and transfers)"],"plain_english_summary":"**What this law does, mechanically**\n\n- It formally ends (discontinues) rail services on two specific portions of railway land in Western Australia (the Fremantle–Kwinana and Midland Junction–Welshpool sections). (s.4(1); Schedules 1 and 2)\n\n- It authorises what can be done with the physical railway material (tracks, sleepers, fittings, etc.): the material may be reused on other government or legislatively‑authorised railways, or it may be sold or otherwise disposed of. (s.4(2)(a)–(c))\n\n- When the discontinuance makes the railway land revert to Crown land under the Land Administration Act 1997, the Minister for Lands must transfer that land, without payment, to the Public Transport Authority (the Authority). (s.5(1)–(2))\n\n- The Authority may then sell or otherwise dispose of that land, but only with the approval of the Minister responsible for the Government Railways Act 1904. Any proceeds from sale go into the Public Transport Authority Account. (s.6(1)–(2))\n\n**Who this affects**\n\n- The Public Transport Authority (PTA): it receives ownership of the listed parcels and gains power to sell or otherwise deal with them (s.5–6).\n\n- The Minister for Lands: must transfer Crown land to the Authority without charging for it (s.5).\n\n- The Minister responsible for the Government Railways Act: must give approval before the Authority disposes of the land (s.6(1)).\n\n- Parties that buy or acquire the disposed land or materials: they may acquire land that was formerly part of the railway and railway material offered for sale (s.4(2), s.6(1)).\n\n**Why it matters (stated purpose and practical effects)**\n\n- The Act’s stated effect is administrative and property‑focused: it closes two railway segments and provides a legal route to deal with the physical assets and land so they can be reused, sold, or redeveloped. (s.4–6; Schedules)\n\n- Practically, the authority to transfer land without payment (s.5(2)) and to sell land (s.6) means public ownership of those parcels is concentrated in the PTA, which can then convert them to revenue (s.6(2)) or return them to productive private use.\n\n**Costs, incentives, trade‑offs and implementation risks**\n\n- Who pays: the public sector transfers the land to the PTA without consideration (s.5(2)). That choice forgoes immediate sale proceeds to the Crown, while creating the potential for the PTA to realise proceeds later when it disposes of land (s.6(2)).\n\n- Decision makers and checks: the Minister for Lands effects the transfer (s.5); the PTA controls disposal but needs ministerial approval under the Government Railways Act for each sale or disposal (s.6(1)). This creates a two‑step public decision process with an executive check on disposals.\n\n- Incentives and behaviour changes: the PTA is incentivised to sell or redevelop these parcels (proceeds credited to its account) or repurpose materials for other rail work (s.4(2)(a),(b); s.6(2)). Private buyers gain opportunities to acquire potentially valuable parcels near urban areas. Developers and competing transport providers may respond to the availability of land and materials.\n\n- Opportunity costs and fiscal trade‑offs: transferring land without up‑front payment can simplify administration but delays or removes immediate Crown revenue. The net fiscal outcome depends on how and when the PTA disposes of land and the market value realised (s.5(2); s.6(2)).\n\n- Implementation risks: accurately identifying the exact parcels in the Schedules (which use historic Acts and on‑the‑ground references) may require surveying and legal clarification (Schedules 1–2). Ministerial approval requirements add a political/administrative step that can delay transactions (s.6(1)).\n\n- Compliance and administrative burden: modest. The Act is procedural — it instructs transfers and permits disposals rather than imposing ongoing regulatory regimes. The main actions are transfers, approvals and transactions managed by government bodies (s.5–6).\n\n**Effect on private enterprise and markets**\n\n- The Act enables private acquisition of formerly public railway land and sale of surplus materials, potentially increasing supply of developable urban land and second‑hand rail materials. The PTA’s discretion over timing and conditions of sale (subject to ministerial approval) affects market supply and price timing (s.6(1)–(2)).\n\n**Legal cross‑references to check when applying the Act**\n\n- The Act operates together with the Public Transport Authority Act 2003 (definition of Authority and account), the Land Administration Act 1997 (transfer mechanics and Crown land rules), and the Government Railways Act 1904 (definition of Government railway and ministerial responsibility). (s.3; s.4(2)(a); s.5(1); s.6(1))\n\n**Bottom line**\n\nMechanically the law discontinues two named railway sections, authorises reuse or sale of the physical rail materials, transfers the affected land to the Public Transport Authority without payment, and allows the Authority (with ministerial approval) to sell the land and keep the proceeds. (s.4–6; Schedules)"}},"importantCases":[],"_links":{"self":"/api/acts/railway-discontinuance-act-2006","history":"/api/acts/railway-discontinuance-act-2006/history","analysis":"/api/acts/railway-discontinuance-act-2006/analysis","conflicts":"/api/acts/railway-discontinuance-act-2006/conflicts","importantCases":"/api/acts/railway-discontinuance-act-2006/important-cases","documents":"/api/acts/railway-discontinuance-act-2006/documents"}}