1Private Railways (Level Crossings) Act 1966

CrestWestern Australia

Private Railways (Level Crossings) Act 1966

Western Australia

Private Railways (Level Crossings) Act 1966

Contents

1. Short title 1

2. Commencement 1

3. Interpretation 1

4. Rights of way at level crossings 1

5. Erection of warning devices at existing and future level crossings 2

Notes

Compilation table 4

Defined terms

Western Australia

Private Railways (Level Crossings) Act 1966

An Act relating to level crossings over private railways.

1. Short title

This Act may be cited as the Private Railways (Level Crossings) Act 1966 1.

2. Commencement

This Act shall come into operation on a date to be fixed by proclamation 1.

3. Interpretation

In this Act, unless the contrary intention appears —

level crossing in relation to a private railway means a place where the line of the private railway crosses a road on the level;

private railway means a railway that is constructed by a person under the authority of an agreement with the State;

road means a thoroughfare or highway which the public is entitled to use and any part thereof and which road has been proclaimed, reserved, declared or otherwise dedicated as a road under an Act.

4. Rights of way at level crossings

(1) The public right of way at a level crossing —

(a) shall cease when and as often as any engine, truck or carriage on the line of a private railway that passes through the level crossing is approaching and within a distance of 400 metres from the level crossing; and

(b) shall at all other times extend only to the right of crossing the line of railway at the level crossing with all convenient speed but not stopping or continuing thereon.

(2) Subject to this Act, the owner of a private railway —

(a) may carry on and conduct the working and management of that railway in accordance with the provisions of the agreement under which the railway is constructed, in every respect at or through a level crossing through which the line of that railway passes;

(b) may erect, maintain and operate, for the protection of persons and property using or passing over the level crossing, gates and other obstructions on each side of the line of private railway where it passes through the level crossing and may keep the gates closed or obstructions erected, except where persons with or without animals or in vehicles or other conveyances have the right, under subsection (1), to cross the line of railway at the level crossing, and may safely do so.