{"id":"railways-standard-gauge-construction-act-1961","name":"Railways (Standard Gauge) Construction Act 1961","slug":"railways-standard-gauge-construction-act-1961","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106468,"registerId":"wa-railways-standard-gauge-construction-act-1961-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Railways (Standard Gauge) Construction Act 1961","content":"![Crest]()Western Australia\n\nRailways (Standard Gauge) Construction Act 1961\n\nWestern Australia\n\nRailways (Standard Gauge) Construction Act 1961\n\nContents\n\n1. Short title 1\n\n2. Authority to construct railway lines 1\n\n3. Authority to deviate 1\n\n4. *State Transport Co-ordination Act 1933* s. 11(7) not to apply to railways 2\n\nFirst Schedule — Line of Kalgoorlie ‑ Perth Railway\n\nThird Schedule — Line of Midland Junction ‑ Kewdale ‑ Welshpool Railway\n\nFourth Schedule — Line of Kewdale ‑ Kwinana Railway\n\nFifth Schedule — Line of Kalgoorlie ‑ Kamballie Railway\n\nNotes\n\nCompilation table 7\n\n  \n\nWestern Australia\n\nRailways (Standard Gauge) Construction Act 1961\n\nAn Act to authorise the construction of a railway from Kalgoorlie to Kwinana, Midland Junction to East Perth, Kewdale to Kwinana, and Kalgoorlie to Kamballie.\n\n[Long title amended: No. 64 of 1963 s. 2.]\n\n##### 1. Short title\n\nThis Act may be cited as the *Railways (Standard Gauge) Construction Act 1961* 1.\n\n##### 2. Authority to construct railway lines\n\nIt 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.\n\n[Section 2 amended: No. 64 of 1963 s. 3.]\n\n##### 3. Authority to deviate\n\nNotwithstanding 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.\n\n[Section 3 inserted: No. 64 of 1963 s. 4.]\n\n##### 4. *State Transport Co-ordination Act 1933* s. 11(7) not to apply to railways\n\nThe 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.\n\nFirst Schedule — Line of Kalgoorlie ‑ Perth Railway\n\n[s. 2]\n\n[Heading inserted: No. 19 of 2010 s. 5.]\n\nCommencing 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.\n\n[First Schedule inserted: No. 64 of 1963 s. 5.]\n\n[Second Schedule  deleted: No. 64 of 1963 s. 6.]\n\nThird Schedule — Line of Midland Junction ‑ Kewdale ‑ Welshpool Railway\n\n[s. 2]\n\n[Heading inserted: No. 19 of 2010 s. 5.]\n\nCommencing 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.\n\n[Third Schedule inserted: No. 64 of 1963 s. 7.]\n\nFourth Schedule — Line of Kewdale ‑ Kwinana Railway\n\n[s. 2]\n\n[Heading inserted: No. 19 of 2010 s. 5.]\n\nCommencing 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.\n\n[Fourth Schedule inserted: No. 64 of 1963 s. 8.]\n\nTotal 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*.\n\n[Fourth Schedule inserted: No. 64 of 1963 s. 8.]\n\nFifth Schedule — Line of Kalgoorlie ‑ Kamballie Railway\n\n[s. 2]\n\n[Heading inserted: No. 19 of 2010 s. 5.]\n\nCommencing 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.\n\nTotal 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.\n\nNotes\n\n1 This 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.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Railways (Standard Gauge) Construction Act 1961* | 27 of 1961 | 30 Oct 1961 | 30 Oct 1961 |\n| *Railways (Standard Gauge) Construction Act Amendment Act 1963* | 64 of 1963 | 18 Dec 1963 | 18 Dec 1963 |\n| **Reprint 1: The *Railways (Standard Gauge) Construction Act 1961* as at 14 Mar 2003**   (includes amendments listed above) | | | |\n| *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) |\n\n\n2 Repealed 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.*\n\n3 Repealed by the *Statute Law Revision Act 1964.*\n\n4\t*Midland Junction-Welshpool Railway Act 1957.*\n\n5 *Spearwood-Cockburn Cement Pty. Limited Railway Act 1961.*\n\n6 Repealed by the *Statute Law Revision Act 1965.*\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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":true,"description":"The original 1961 Act appears to have been narrower, authorising only the Kalgoorlie-Kwinana and Midland-East Perth lines. The 1963 Amendment Act significantly expanded the scope by: (1) adding the Kalgoorlie-Kamballie line (Fifth Schedule), (2) inserting detailed deviation powers (s. 3), (3) replacing the original First Schedule with a more detailed route description, and (4) adding the Third and Fourth Schedules for the Midland Junction-Kewdale-Welshpool and Kewdale-Kwinana lines. The long title was also amended to reflect these additional routes. What began as authority for essentially one main line became authority for a network of connecting lines."},"complexity_factors":["Only 4 operative sections (ss. 1-4) plus schedules","No defined terms section - terms used are either common language or explained in context","Minimal cross-referencing: only references to Public Works Act 1902, State Transport Co-ordination Act 1933, and various repealed railway Acts for historical context","Simple conditional logic: only one exemption clause (s. 4) and deviation authorities (s. 3) with clear distance limits","Schedules consist entirely of geographical route descriptions using plain language directions ('general westerly direction', 'alongside the railway')","Amendments are straightforward additions/deletions (e.g., Second Schedule deleted, new schedules inserted) without nested amendments"],"plain_english_summary":"This Western Australian law from 1961 gives the government permission to build a new standard gauge railway network connecting the goldfields to Perth and its industrial areas. **Standard gauge** (4 feet 8½ inches) was the national rail width used across Australia, unlike the narrower **narrow gauge** (3 feet 6 inches) that WA had been using.\n\n**What it does:**\n- Authorises construction of four separate railway lines totaling about 460 miles (740 km):\n  - **Kalgoorlie to Perth**: The main east-west line connecting the goldfields to the capital, running via Southern Cross, Northam and Midland\n  - **Midland Junction to Welshpool**: A link through Perth's eastern suburbs\n  - **Kewdale to Kwinana**: Industrial lines serving Fremantle port area and Kwinana industrial zone\n  - **Kalgoorlie to Kamballie**: A short 5-mile connection east of Kalgoorlie\n\n**Who it affects:**\n- The state government (as builder)\n- Mining companies and freight operators needing to move goods between the goldfields and port\n- The Commonwealth, which was building the eastern link to Kalgoorlie\n\n**Why it matters:**\nThis was a crucial piece of nation-building infrastructure. Before this Act, WA's narrow gauge railways couldn't connect directly to the rest of Australia's rail network. This law enabled the **standard gauge link** that finally allowed trains to travel from Sydney to Perth without unloading and reloading cargo. It also allowed the government to **deviate** (change the route) from the planned line by up to 10 miles in remote areas and 1 mile elsewhere, giving flexibility during construction.\n\nOne technical provision removes these railways from certain planning requirements under the *State Transport Co-ordination Act 1933*."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Amendments altered the original operational scope: the 1963 amendments inserted a power to deviate specified segments by set mileages (s.3) and updated route schedules (ss.2; First, Third, Fourth, Fifth Schedules). Section 4 disapplies s.11(7) of the State Transport Co‑ordination Act in relation to these works, changing regulatory overlap. The 2010 formatting changes did not alter substantive authorisations."},"complexity_factors":["Narrow, focused statutory purpose authorising construction and maintenance of specified lines reduces legal complexity (s.2; Schedules).","Detailed geographic route descriptions across four Schedules with precise references to existing railways and deposited C.E. Plans create locational and evidentiary complexity for implementation (First, Third, Fourth, Fifth Schedules).","Segmented deviation powers apply different lateral limits to different route sections, requiring careful application when siting works (s.3).","Cross‑legislation interactions and carve‑outs increase interpretative burden: the Act disapplies s.11(7) of the State Transport Co‑ordination Act and expressly operates notwithstanding the Public Works Act (s.3–4).","The Act authorises works but does not specify funding, delivery agencies, or compensation processes, leaving practical costs and acquisition mechanics to other processes and actors (ss.2–4; Schedules).","Historical amendments and multiple repealed Acts cited in the schedules/notes require attention to legislative history when tracing current operative references (Compilation table and Notes)."],"plain_english_summary":"This Act gives the State legal authority to build and maintain specified standard‑gauge railways in Western Australia along the routes listed in the Schedules (including Kalgoorlie–Perth and Kewdale–Kwinana). It also permits limited route deviations for parts of the Kalgoorlie–East Northam line and excludes section 11(7) of the State Transport Co‑ordination Act from applying to these constructions. The Act sets location by reference to deposited maps but does not itself allocate funding, leaving financing and delivery decisions to the State or its agencies (ss.2–4, Schedules)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The page returned was an error message indicating the URL is no longer active following a website system upgrade."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 'page not found' error","Only the Act's title and a website error message were provided","No substantive legal content exists in the provided material to analyse","Complexity cannot be meaningfully assessed without access to the actual provisions"],"plain_english_summary":"This Act appears to have authorised construction and regulation of standard-gauge railway lines in Western Australia, enabling connection of WA’s network with the eastern states and affecting government rail agencies, contractors, landowners and freight/passenger services. The full text wasn’t retrievable here; consult the WA legislation site if you need the statute’s exact powers, obligations and land or compensation rules."}},"importantCases":[],"_links":{"self":"/api/acts/railways-standard-gauge-construction-act-1961","history":"/api/acts/railways-standard-gauge-construction-act-1961/history","analysis":"/api/acts/railways-standard-gauge-construction-act-1961/analysis","conflicts":"/api/acts/railways-standard-gauge-construction-act-1961/conflicts","importantCases":"/api/acts/railways-standard-gauge-construction-act-1961/important-cases","documents":"/api/acts/railways-standard-gauge-construction-act-1961/documents"}}