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Government Railways Act 1904
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##### 98. Regulations
The Governor may make regulations prescribing all matters which by this Act are required or permitted to be prescribed, or are convenient for carrying into operation, or for facilitating the operation of the provisions of this Act.
[Section 98 inserted: No. 78 of 1948 s. 32.]
[First Schedule omitted under the Reprints Act 1984 s. 7(4)(f).]
[Second Schedule deleted: No. 49 of 1998 s. 43(10).]
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Notes
This is a compilation of the *Government Railways Act 1904* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
Compilation table
| **Short title** | **Number and year** | | **Assent** | | **Commencement** | |
| --- | --- | --- | --- | --- | --- | --- |
| *Government Railways Act 1904* 2 | 23 of 1904 (3 Edw. VII No. 38) | | 16 Jan 1904 | | 16 Jan 1904 | |
| *Government Railways Amendment Act 1907* | 29 of 1907 (7 Edw. VII No. 29) | | 20 Dec 1907 | | Act other than s. 8-11: 20 Dec 1907; s. 8‑11: 16 Oct 1908 (see s. 8(2) and *Gazette* 9 Oct 1908 p. 2705) | |
| *Government Railways Act Amendment Act 1926* | 56 of 1926 (17 Geo. V No. 56) | | 24 Dec 1926 | | 24 Dec 1926 | |
| *Government Railways Act Amendment Act 1933* | 36 of 1933 (24 Geo. V No. 36) | | 4 Jan 1934 | | 12 Feb 1934 (see s. 2 and *Gazette* 9 Feb 1934 p. 143) | |
| *Government Railways Act Amendment Act 1939* | 15 of 1939 (3 Geo. VI No. 15) | | 22 Nov 1939 | | 22 Nov 1939 | |
| *Government Railways Act Amendment Act 1947* | 72 of 1947 (11 and 12 Geo. VI No. 72) | | 10 Jan 1948 | | 10 Jan 1948 | |
| *Government Railways Act Amendment Act 1948* | 78 of 1948 (12 and 13 Geo. VI No. 78) | | 25 Jan 1949 | | 1 Jul 1949 (see s. 2 and *Gazette* 1 Jul 1949 p. 1410) | |
| **Reprint of the *Government Railways Act 1904* approved 21 Feb 1949 (not in a Volume)** (includes amendments listed above except those in the *Government Railways Act Amendment Act 1948*) | | | | | | |
| *Government Railways Act Amendment Act 1951* | 32 of 1951 (15 and 16 Geo. VI No. 32) | | 19 Dec 1951 | | 19 Dec 1951 | |
| **Reprint of the *Government Railways Act 1904* approved 26 Oct 1953 in Volume 7 of Reprinted Acts** (includes amendments listed above) | | | | | | |
| *Government Railways Act Amendment Act 1953* | 86 of 1953 (2 Eliz. II No. 86) | | 18 Jan 1954 | | 18 Jan 1954 | |
| *Government Railways Act Amendment Act 1954* | 13 of 1954 (3 Eliz. II No. 13) | | 14 Sep 1954 | | 14 Sep 1954 | |
| *Limitation Act 1935* s. 48A(1) | 35 of 1935 (26 Geo. V No. 35) (as amended by No. 73 of 1954 s. 8) | | 14 Jan 1955 | | Relevant amendments (see Second Sch. 3) took effect on 1 Mar 1955 (see No. 73 of 1954 s. 2 and *Gazette* 18 Feb 1955 p. 343) | |
| *Government Railways Act Amendment Act 1955* | 61 of 1955 (4 Eliz. II No. 61) | | 13 Dec 1955 | | 13 Dec 1955 | |
| *Government Railways Act Amendment Act 1957* 4 | 37 of 1957 (6 Eliz. II No. 37) | | 18 Nov 1957 | | 18 Nov 1957 | |
| *Government Railways Act Amendment Act 1958* | 17 of 1958 (7 Eliz. II No. 17) | | 6 Oct 1958 | | 23 Oct 1959 (see s. 2 and *Gazette* 23 Oct 1959 p. 2620) | |
| *Government Railways Act Amendment Act (No. 2) 1958* | 38 of 1958 (7 Eliz. II No. 38) | | 11 Dec 1958 | | 24 Dec 1958 (see s. 2 and *Gazette* 24 Dec 1958 p. 3372) | |
| *Government Railways Act Amendment Act 1959* | 8 of 1959 (8 Eliz. II No. 8) | | 8 Sep 1959 | | 8 Sep 1959 | |
| *Government Railways Act Amendment Act 1960* | 55 of 1960 (9 Eliz. II No. 55) | | 2 Dec 1960 | | 2 Dec 1960 | |
| **Reprint of the *Government Railways Act 1904* approved 17 May 1963 in Volume 17 of Reprinted Acts** (includes amendments listed above) | | | | | | |
| *Government Railways Act Amendment Act 1963* | 27 of 1963 (12 Eliz. II No. 27) | | 13 Nov 1963 | | 13 Nov 1963 | |
| *Government Railways Act Amendment Act 1965* | 54 of 1965 | | 9 Nov 1965 | | 9 Nov 1965 | |
| *Government Railways Act Amendment Act 1967* | 44 of 1967 | | 21 Nov 1967 | | 21 Nov 1967 | |
| *Government Railways Act Amendment Act 1970* | 61 of 1970 | | 5 Nov 1970 | | 5 Nov 1970 | |
| *Government Railways Act Amendment Act 1971* | 21 of 1971 | | 1 Dec 1971 | | 1 Dec 1971 | |
| *Government Railways Act Amendment Act 1972* | 72 of 1972 | | 16 Nov 1972 | | 16 Nov 1972 | |
| *Metric Conversion Act 1972* | 94 of 1972 (as amended by No. 19 of 1973 s. 4) | | 4 Dec 1972 | | Relevant amendments (see Second Sch. 5) took effect on 1 Jul 1973 (see s. 2 and *Gazette* 29 Jun 1973 p. 2496) | |
| **Reprint of the *Government Railways Act 1904* approved 12 Jun 1973** (includes amendments listed above except those in the *Metric Conversion Act 1972*) | | | | | | |
| *Government Railways Act Amendment Act 1973* | 94 of 1973 | | 27 Dec 1973 | | 22 Mar 1974 (see s. 2 and *Gazette* 22 Mar 1974 p. 902) | |
| *Government Railways Act Amendment Act (No. 2) 1975* | 66 of 1975 | | 7 Nov 1975 | | 7 Nov 1975 | |
| *Government Railways Act Amendment Act 1975* | 73 of 1975 | | 14 Nov 1975 | | 14 Nov 1975 | |
| *Government Railways Act Amendment Act 1976* | 27 of 1976 | | 9 Jun 1976 | | 1 Jan 1977 (see s. 2 and *Gazette* 31 Dec 1976 p. 5128) | |
| *Government Railways Act Amendment Act 1977* | 47 of 1977 | | 18 Nov 1977 | | 18 Nov 1977 | |
| *Government Railways Act Amendment Act 1978* | 93 of 1978 | | 17 Nov 1978 | | 17 Nov 1978 | |
| *Government Railways Act Amendment Act 1979* | 38 of 1979 | | 25 Oct 1979 | | 25 Oct 1979 | |
| *Government Railways Amendment Act 1980* | 77 of 1980 | | 5 Dec 1980 | | 5 Dec 1980 | |
| *Government Railways Amendment Act 1982* | 12 of 1982 | | 14 May 1982 | | 14 May 1982 | |
| **Reprint of the *Government Railways Act 1904* approved 27 Oct 1982** (includes amendments listed above) | | | | | | |
| *Acts Amendment and Repeal (Transport Co‑ordination) Act 1985* Pt. IV | 54 of 1985 | | 28 Oct 1985 | | 1 Jan 1986 (see s. 2 and *Gazette* 20 Dec 1985 p. 4822) | |
| *Acts Amendment (Financial Administration and Audit) Act 1985* s. 3 | 98 of 1985 | | 4 Dec 1985 | | 1 Jul 1986 (see s. 2 and *Gazette* 30 Jun 1986 p. 2255) | |
| *Government Railways Amendment Act 1987* | 16 of 1987 | | 25 Jun 1987 | | 25 Jun 1987 (see s. 3) | |
| *Acts Amendment (Public Service) Act 1987* s. 32 | 113 of 1987 | | 31 Dec 1987 | | 16 Mar 1988 (see s. 2 and *Gazette* 16 Mar 1988 p. 813) | |
| *Government Railways Amendment Act (No. 2) 1990* 6 | 79 of 1990 | | 17 Dec 1990 | | 17 Dec 1990 (see s. 2) | |
| *Government Railways Amendment Act 1990* 7 | 87 of 1990 | | 17 Dec 1990 | | s. 1 and 2: 17 Dec 1990; Act other than s. 1 and 2: 20 Mar 1992 (see s. 2 and *Gazette* 20 Mar 1992 p. 1313) | |
| *Criminal Law Amendment Act (No. 2) 1992* s. 16(1) | 51 of 1992 | | 9 Dec 1992 | | 6 Jan 1993 | |
| *Financial Administration Legislation Amendment Act 1993* s. 11 | 6 of 1993 | | 27 Aug 1993 | | 1 Jul 1993 (see s. 2(1)) | |
| *Acts Amendment (Public Sector Management) Act 1994* s. 19 | 32 of 1994 | | 29 Jun 1994 | | 1 Oct 1994 (see s. 2 and *Gazette* 30 Sep 1994 p. 4948) | |
| *Acts Amendment (Perth Passenger Transport) Act 1994* Pt. 4 | 64 of 1994 | | 1 Dec 1994 | | 1 Jan 1995 (see s. 2 and *Gazette* 30 Dec 1994 p. 7211) | |
| *Sentencing (Consequential Provisions) Act 1995* Pt. 38 and s. 147 | 78 of 1995 | | 16 Jan 1996 | | 4 Nov 1996 (see s. 2 and *Gazette* 25 Oct 1996 p. 5632) | |
| *Local Government (Consequential Amendments) Act 1996* s. 4 | 14 of 1996 | | 28 Jun 1996 | | 1 Jul 1996 (see s. 2) | |
| *Statutory Corporations (Liability of Directors) Act 1996* s. 3 | 41 of 1996 | | 10 Oct 1996 | | 1 Dec 1996 (see s. 2 and *Gazette* 12 Nov 1996 p. 6301) | |
| *Government Railways Amendment Act 1996* | 47 of 1996 | | 25 Oct 1996 | | 22 Nov 1996 | |
| *Financial Legislation Amendment Act 1996* s. 64 | 49 of 1996 | | 25 Oct 1996 | | 25 Oct 1996 (see s. 2(1)) | |
| *Trustees Amendment Act 1997* s. 18 | 1 of 1997 | | 6 May 1997 | | 16 Jun 1997 (see s. 2 and *Gazette* 10 Jun 1997 p. 2661) | |
| *Equal Opportunity Amendment Act (No. 3) 1997* s. 8 | 42 of 1997 | | 9 Dec 1997 | | 6 Jan 1998 (see s. 2(1)) | |
| *Rail Safety Act 1998* s. 64(2) 8 | 32 of 1998 | | 6 Jul 1998 | | 3 Feb 1999 (see s. 2 and *Gazette* 2 Feb 1999 p. 351) | |
| *Government Railways Amendment Act 1998* | 33 of 1998 | | 6 Jul 1998 | | 6 Jul 1998 (see s. 2) | |
| *Government Railways (Access) Act 1998* Pt. 7 9 | 49 of 1998 | | 30 Nov 1998 | | 1 Sep 2001 (see s. 2(2) and *Gazette* 28 Aug 2001 p. 4795) | |
| *Acts Amendment and Repeal (Financial Sector Reform) Act 1999* s. 85 | 26 of 1999 | | 29 Jun 1999 | | 1 Jul 1999 (see s. 2(1) and *Gazette* 30 Jun 1999 p. 2905) | |
| **Reprint of the *Government Railways Act 1904* as at 10 Dec 1999** (includes amendments listed above except those in the *Government Railways (Access) Act 1998*) | | | | | | |
| *Rail Freight System Act 2000* Pt. 5 Div. 2 | 13 of 2000 | | 8 Jun 2000 | | Pt. 5 Div. 2 other than s. 91(1)(a) and (b) and 93: 30 Jun 2000 (see s. 2 and *Gazette* 30 Jun 2000 p. 3397); s. 91(1)(a) and (b) and 93: 1 Sep 2001 (see s. 2(5)‑(7) and *Gazette* 28 Aug 2001 p. 4795) | |
| **Reprint of the *Government Railways Act 1904* as at 7 Sep 2001** (includes amendments listed above) | | | | | | |
| *Machinery of Government (Planning and Infrastructure) Amendment Act 2002* s. 62 | 7 of 2002 | | 19 Jun 2002 | | 1 Jul 2002 (see s. 2 and *Gazette* 28 Jun 2002 p. 3037) | |
| *Public Transport Authority Act 2003* s. 97‑139 10 | 31 of 2003 | | 26 May 2003 | | 1 Jul 2003 (see s. 2(1) and *Gazette* 27 Jun 2003 p. 2384) | |
| *Sentencing Legislation Amendment and Repeal Act 2003* s. 68 | 50 of 2003 | | 9 Jul 2003 | | 15May 2004 (see s. 2 and *Gazette* 14 May 2004 p. 1445) | |
| *Courts Legislation Amendment and Repeal Act 2004* s. 141 | 59 of 2004 | | 23 Nov 2004 | | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128) | |
| *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 80 | 84 of 2004 | | 16 Dec 2004 | | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction in *Gazette* 7 Jan 2005 p. 53)) | |
| **Reprint 8: The *Government Railways Act 1904* as at 2 Sep 2005** (includes amendments listed above) | | | | | | |
| *Liquor and Gaming Legislation Amendment Act 2006* s. 115 | 73 of 2006 | | 13 Dec 2006 | | 7 May 2007 (see s. 2(2) and *Gazette* 1 May 2007 p. 1893) | |
| *Rail Safety Act 2010* Pt. 11 Div. 1 | 18 of 2010 | | 28 Jun 2010 | | 1 Feb 2011 (see s. 2(b) and *Gazette* 28 Jan 2011 p. 241) | |
| *Standardisation of Formatting Act 2010* s. 60 | 19 of 2010 | | 28 Jun 2010 | | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) | |
| *Metropolitan Redevelopment Authority Act 2011* s. 139 | 45 of 2011 | | 12 Oct 2011 | | 31 Dec 2011 (see s. 2(b) and *Gazette* 30 Dec 2011 p. 5573) | |
| **Reprint 9: The *Government Railways Act 1904* as at 4 May 2012** (includes amendments listed above) | | | | | | |
| *Road Traffic Legislation Amendment Act 2012* Pt. 4 Div. 25 | | 8 of 2012 | | 21 May 2012 | | 27 Apr 2015 (see s. 2(d) and *Gazette* 17 Apr 2015 p. 1371) |
| *Rail Safety National Law (WA) Act 2015* Pt. 5 | | 21 of 2015 | | 17 Sep 2015 | | 2 Nov 2015 (see s. 2(b) and *Gazette* 16 Oct 2015 p. 4149) |
| *Government Railways Amendment Act 2022* | | 40 of 2022 | | 21 Nov 2022 | | s. 1 and 2: 21 Nov 2022 (see s. 2(a)); Act other than s. 1 and 2: 27 Jul 2023 (see s. 2(b) and SL 2023/118 cl. 2) |
| *Rail Safety National Law Application Act 2024* s. 57 | | 7 of 2024 | | 26 Mar 2024 | | 1 Oct 2024 (see s. 2(b) and SL 2024/193 cl. 2) |
Other notes
1 Office of Titles plans are now being held by the Western Australian Land Information Authority (see the *Land Information Authority Act 2006* s. 100).
2 The amendment in the *Statutes (Repeals and Minor Amendments) Act 2003* s. 62 is not included because the subsection it sought to amend had been replaced by the *Public Transport Authority Act 2003* s. 137(1) before the amendment purported to come into operation.
3 The Second Schedule was inserted by the *Limitation Act Amendment Act 1954* s. 8.
4 The *Government Railways Act Amendment Act 1957* s. 11 and 12 are validation and savings provisions that are of no further effect.
5 The Second Schedule was inserted by the *Metric Conversion Act Amendment Act 1973* s. 4.
6 The *Government Railways Amendment Act (No. 2) 1990* s. 7 reads as follows:
7. Operation of former section 76 varied
(1) The express condition imposed by subsection (1) of section 76 of the principal Act (as in force immediately before the commencement of this Act) upon the appointment or employment of certain persons as officers or servants of the department —
(a) shall, subject to paragraph (b), be taken not to have required such a person to be a member of or contributor to the fund mentioned in that subsection for the period commencing on the transfer date and ending immediately before the commencement of this Act but to have required any such person to be a member of the new fund in accordance with the rules of that fund for that period;
(b) shall not be taken to have required any such person to be a member of or contributor to the fund mentioned in that subsection, or any other fund, on or after the transfer date, if the person was not, immediately before that date, already required by such a condition to be a member of or contributor to the fund mentioned in that subsection,
and, for the purpose of giving effect to paragraph (a), that section shall be construed as if —
(c) a reference in that section to the fund mentioned in that subsection had been a reference to the new fund;
(d) a reference in that section to the by‑laws relating to the fund mentioned in that subsection had been a reference to the rules of the new fund; and
(e) a reference in that section to the committee of management of the fund mentioned in that subsection had been a reference to the company.
(2) In this section, unless the contrary intention appears —
the transfer date means 2 February 1990, being the date of the publication in the *Gazette* of the orders made under section 34 of the *Associations Incorporation Act 1987* transferring to the company the undertakings of Western Australian Government Railways Employees’ Endowment Fund Incorporated and Western Australian Government Railways Employees’ Provident Fund Incorporated; and
expressions used in section 76 of the principal Act (as substituted by section 6 of this Act) that are used in this section have the same respective meanings as they have in that section.
7 The *Government Railways Amendment Act 1990* s. 15 is a transitional provision that is of no further effect.
8 The *Rail Safety Act 1998* Sch. 3 cl. 1(7) reads as follows:
(7) Section 66A(3) continues to apply in respect of any certificate given under section 66A(2) before the repeal of those provisions.
9 Now known as the *Railways (Access) Act 1998*.
10 The *Public Transport Authority Act 2003* Pt. 7 Div. 2, 5 and 6 reads as follows:
Part 7 — Transitional matters
Division 2 — Transition from former *Government Railways Act 1904* bodies to Authority
79. Terms used in this Division
In this Division, unless the contrary intention appears —
asset means property of any kind belonging, immediately before the commencement time, to a former body, whether tangible, intangible, real, or personal and, without limiting that meaning, includes —
(a) any chose in action or goodwill; or
(b) any right, interest, or claim of any kind,
whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent or prospective;
commencement time means the time when this Division comes into operation;
former body means the Minister for Western Australian Government Railways or The Western Australian Government Railways Commission;
liability means any liability, duty or obligation that, immediately before the commencement time, a former body had —
(a) whether actual, contingent or prospective, liquidated or unliquidated; or
(b) whether owed alone or jointly or jointly and severally with any other person;
Minister for Western Australian Government Railways means the former body corporate named Minister for Western Australian Government Railways established under the *Government Railways Act 1904* section 4;
right means any right, power, privilege or immunity that, immediately before the commencement time, a former body had whether actual, contingent or prospective;
The Western Australian Government Railways Commission means the former body corporate named The Western Australian Government Railways Commission constituted under the *Government Railways Act 1904* section 8.
80. Authority is successor of former bodies
At the commencement time, the body corporate under the name “Minister for Western Australian Government Railways” and the body corporate under the name “The Western Australian Government Railways Commission” are each succeeded by the Authority.
81. Transitional provisions
(1) At the commencement time —
(a) every asset is, by operation of this section, assigned to the Authority;
(b) every liability is, by operation of this section, assigned to and becomes a liability of the Authority; and
(c) the Authority is, by operation of this section, substituted for a former body as a party to any proceedings.
(2) Any agreement or instrument has effect, by operation of this section, as if a reference to the Authority were, at the commencement time, substituted for a reference to the former body in the agreement or instrument, unless in the context it would be inappropriate to make the substitution.
(3) Any proceedings or remedy that might have been commenced by, or available against or to, a former body in relation to an asset or liability assigned by subsection (1) may be commenced by, or are available against or to, the Authority.
(4) Anything relating to an asset or liability assigned by subsection (1) that was done or omitted to be done by, to, or in respect of, a former body before the assignment and is of any effect is to be taken to have been done or omitted by, to, or in respect of, the Authority.
(5) Crown land that, immediately before the commencement time, was vested in the Minister for Western Australian Government Railways by the *Government Railways Act 1904* section 4(1) is to be regarded as if it had, at that time —
(a) been reserved under the *Land Administration Act 1997* section 41 for the purposes of performing the Authority’s functions under this Act or the *Government Railways Act 1904*; and
(b) under the *Land Administration Act 1997* section 46, been placed under the care, control, and management of the Authority for those purposes.
(6) Government railways, other than Crown land, that, immediately before the commencement time, were vested in the Minister for Western Australian Government Railways by the *Government Railways Act 1904* section 4(1) become at that time the property of the Authority.
(7) The reference in subsection (6) to Government railways other than Crown land includes a reference to anything that is on Crown land.
(8) Subsections (5) and (6) do not limit the assignment by subsection (1) to the Authority of any asset belonging immediately before the commencement time to a former body.
82. Completion of necessary transactions
(1) If, to any extent, section 81 cannot have effect as described in this Division (whether because a matter is governed otherwise than by the law of the State, or for any other reason), the relevant parties are each to take all practicable steps for the purpose of securing that the effect sought to be achieved by this Division is achieved as soon as possible after the commencement time.
(2) Despite the repeals effected by sections 100 and 103, each of the former bodies is preserved for the purposes of doing things under subsection (1), and the Minister may execute documents for, and otherwise act on behalf of, each of those bodies for the purposes of doing those things.
83. Registration of documents
(1) The Authority is to cause to be delivered to each relevant official a schedule, in a form acceptable to the relevant official, of the information that the relevant official needs in order to register changes effected by this Division.
(2) The relevant officials are to take notice of this Division and are to record and register in the appropriate manner the documents necessary to show the effect of this Division.
(3) In this section —
relevant official means —
(a) the Registrar of Titles;
(b) the Registrar of Deeds;
(c) the Minister administering the *Mining Act 1978*; or
(d) any other person authorised by a written law to record and give effect to the registration of documents relating to property transactions,
according to which, if any, of them has responsibility for a register relating to the relevant property;
relevant property means property of a kind affected by this Division, whether it is an estate or interest in land or any other property.
84. By‑laws under *Government Railways Act 1904* section 23 continue
By‑laws that, immediately before the commencement time, are in force under the *Government Railways Act 1904* section 23 continue under that section as if they had been made by the Authority.
85. References in written laws to former bodies
(1) A reference in a written law in force immediately before the commencement time to a former body is to be construed, after that time, as a reference to the Authority unless in the context it would be inappropriate to do so.
(2) Subsection (1) does not apply to anything for which this Act has made other provision.
Division 5 — State tax implications of transitions
92. Exemption from State tax
(1) In this section —
State tax includes stamp duty chargeable under the *Stamp Act 1921* and any other tax, duty, fee, levy or charge, under a law of the State.
(2) State tax is not payable in relation to —
(a) anything that occurs by operation of this Part; or
(b) anything done (including a transaction entered into or an instrument or document of any kind made, executed, lodged or given) under this Part, or to give effect to this Part, or for a purpose connected with or arising out of, giving effect to this Part.
Division 6 — Other provisions
93. Certain contributions by former body suffice
An obligation imposed by the *Agriculture Protection Board Act 1950* section 11 on the Public Transport Authority of Western Australia to contribute in respect of a year is satisfied to the extent that The Western Australian Government Railways Commission had, before section 140 commenced, already made a contribution in respect of that year under that section.
94. Tourist railways
If, immediately before the commencement of section 123, an order was in force under the *Government Railways Act 1904* section 66A (the former order) authorising a person to occupy land for a tourist railway, the land is to be regarded as having been —
(a) reserved under the *Land Administration Act 1997* section 41 for the purposes of operating a tourist railway; and
(b) placed under the care, control, and management of that person for the purposes described in paragraph (a) by an order under the *Land Administration Act 1997* section 46 containing the same conditions as applied under the former order.
95. Saving
The operation of a provision of this Part is not to be regarded as —
(a) a breach of contract or confidence or any other civil wrong;
(b) a breach of a contractual provision prohibiting, restricting, or regulating the assignment or transfer of assets or liabilities or the disclosure of information;
(c) giving rise to a remedy by a party to an instrument, or causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset or liability;
(d) causing any contract or instrument to be void or otherwise unenforceable; or
(e) releasing, or allowing the release of, any surety.
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)**
authorised person 53A(1)
Authority 2
Authority ticket 45
body 14(1)
business concern 2AA(2)
charges 2
chief executive officer 2
company 76(2)
Department 2
free pass 47
goods 2
government department 92(1)
government railway 2
industrial union 78(3)
liquor 2
Minister for Lands 66A(6)
notice 2
permanently employed 77(2)
prescribed 2
public notice 2
publicly notified 2
railway 2
railway land 2AA(2)
road 2
specified award employee 73(4)
Subiaco redevelopment area 63A(5)
© State of Western Australia 2024.
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Attribute work as: © State of Western Australia 2024.
By Authority: GEOFF O. LAWN, Government Printer