Railway (Bunbury to Boyanup) Discontinuance, Revestment and Construction Act 1973

Definitions and schedules frame the Act.

• Scheduled railway and railway land. Section 3 defines two central terms: “scheduled railway” means the portion of the Bunbury‑Boyanup railway described in the First Schedule; “railway land” means the land described in the Second Schedule. The First and Second Schedules contain precise metric chainage points and a plan reference (CE. Plan 66142) to identify the land and incumbency to be affected (s 3; First and Second Schedules).

• Discontinuance and material disposition. Section 4 provides that, on the coming into operation of that section, the scheduled railway shall cease to be operated. From that date the material comprising the scheduled railway or any portion of that material may be used in three ways: (i) reused in construction or maintenance of any Government railway as defined by s 2 of the Government Railways Act 1904 (s 4(a)(i)); (ii) used in construction of any railway authorised under any other Act (s 4(a)(ii)); or (iii) sold, disposed of, or otherwise dealt with (s 4(a)(iii)). Section 4(b) gives an accounting instruction: the scheduled railway’s costs as charged to the Government Railways Capital Account may be omitted from accounts prepared under Part IV of the Government Railways Act 1904.

• Revestment. Section 5 states that on its coming into operation the railway land is revested in Her Majesty “as of Her former estate” and is removed from the operation of the Transfer of Land Act 1893. That produces an immediate change in the applicable land law regime for that defined parcel (s 5).

• Construction authority. Section 6 confers a lawful authority to construct and maintain the railway described in the Third Schedule and all necessary works in connection. The Third Schedule gives a step‑by‑step metrical description of the new line’s alignment in two parts (s 6; Third Schedule).

• Interaction with other Acts. The Act draws on other statutes without replicating their content. The Government Railways Act 1904 is invoked for the definition of “Government railway” (s 4(a)(i)) and for the accounts referenced in s 4(b). The Transfer of Land Act 1893 is specifically excluded as to operation over the revested land (s 5). Section 4(a)(ii) contemplates use of materials for railways authorised under “any other Act,” potentially bringing the Act into relationship with subsequent railway authorisations.

• Commencement and proclamation. Section 2 provides that ss 4 and 5 come into operation on a day fixed by proclamation. The compilation table indicates the operational history: the Act aside from ss 4 and 5 took effect on assent (6 December 1973); ss 4 and 5 were proclaimed into operation on 29 March 2000 (compilation table).

• Technical description in Schedules. The First, Second and Third Schedules specify chainage points, directions, distances and total lengths in metric terms. The Second Schedule references CE. Plan 66142 as the plan that more particularly delineates the railway land.

Those concepts determine the legal mechanisms: discontinuance exercised by proclamation; reuse or disposal of physical assets; alteration of statutory accounting treatment; reversion of land to Crown ownership outside the Transfer of Land Act; and an express statutory authority to construct the new alignment detailed in the Third Schedule.

The Act’s text identifies a narrow class of directly affected parties and a broader set of indirectly affected stakeholders.

Directly affected parties and instruments

• Her Majesty and the State. Section 5 revests the railway land in Her Majesty as of Her former estate. The Act therefore places the land and the power to use or dispose of the material squarely in the State’s hands (s 5; s 4(a)(iii)). The State decides by proclamation when discontinuance and revestment take effect (s 2).

• Government Railways. The Act explicitly references Government Railways in two ways: (1) material can be used in construction or maintenance of any Government railway as defined by s 2 of the Government Railways Act 1904 (s 4(a)(i)); and (2) costs charged to the Government Railways Capital Account may be omitted from statutory accounts under Part IV of the Government Railways Act 1904 (s 4(b)). These provisions directly alter how Government Railways may account for and reuse the assets.

• Persons/entities authorised under other Acts to construct railways. Section 4(a)(ii) permits use of the material in construction of any railway authorised under any other Act. That gives statutory permission for authorised railway projects outside this Act to take materials from the discontinued portion, subject to the authorisation under their own enabling Act.

• Holders of interests under the Transfer of Land Act 1893 in the specified land. Section 5 removes the railway land from the operation of the Transfer of Land Act 1893 when revested. Any private title or registered interest under the Torrens system in the parcel identified in the Second Schedule (CE. Plan 66142) will be superseded by the statutory revestment; the Act itself effects the change.

Indirectly affected parties and functions

• Local governments and planning authorities. Although the Act does not itself impose planning or environmental procedures, construction of the line authorised by s 6 and sale or disposal of materials under s 4(a)(iii) may interact with obligations under planning, environmental and local government regimes. Those regimes are not altered by the text of this Act, but they are potential constraints on implementation.

• Contractual counterparties and creditors. Any third parties with contractual rights tied to the scheduled railway as an operating asset (for example, contractors, lessees or suppliers) are not addressed in the Act. The text contains no provision for novation, compensation or extinguishment of contractual obligations; those matters would need to be reconciled under the relevant commercial law, contracts and, where applicable, by agreement with the State.

• Accountants and auditors. The Act alters the permitted accounting entries for Government Railways by allowing omission of the scheduled railway’s costs from the Government Railways Capital Account and the accounts prepared under Part IV of the Government Railways Act 1904 (s 4(b)). That change affects statutory financial reporting and therefore practitioners responsible for preparing or auditing those documents.

Geographic specificity

• The effect is geographically limited to the length and parcel specified in the First and Second Schedules and to the line described in the Third Schedule. The First Schedule describes a total length of approximately 2.83 km commencing at a point 179.118 km from Perth and terminating at approximately 181.948 km (First Schedule). The Second Schedule describes land commencing at 179.118 km and terminating at 181.841 km and coloured yellow on CE. Plan 66142 (Second Schedule). The Third Schedule details the alignment and lengths of the authorised construction (Third Schedule).

Key decision nodes

• Proclamation. The State controls the timing of key legal effects through proclamation (s 2). Until ss 4 and 5 are proclaimed, the scheduled railway does not cease to be operated in law and the revestment does not occur.

• Disposal and reuse. Once the scheduled railway is discontinued, the State controls materials and may allocate them to Government Railways, other authorised railways, or sell and otherwise dispose (s 4(a)). The Act does not set conditions, pricing or processes for such disposals within its text.

The Act is primarily permissive for the Crown and prescriptive in terms of legal effects, rather than imposing duties on private parties. The following duties, rights and statutory powers are established or left unaddressed in the text.

Rights and powers conferred

• Right to discontinue operation. The scheduled railway “shall cease to be operated” on the coming into operation of s 4 (s 4, First Schedule). The State exercises the cessation by proclamation per s 2.

• Rights over materials. Section 4(a) confers express statutory rights for treatment of the material comprising the scheduled railway. The material may be used in construction or maintenance of Government railways (s 4(a)(i)), used in railways authorised under any other Act (s 4(a)(ii)), or sold, disposed of, or otherwise dealt with (s 4(a)(iii)). Those are statutory permissions for disposal and reuse by or on behalf of the Crown.

• Revestment of land. Section 5 revests the railway land “in Her Majesty as of Her former estate” and removes the land from the operation of the Transfer of Land Act 1893. The effect is a statutory bright‑line transfer of title to the Crown and a change in the legal regime governing that parcel (s 5).

• Authority to construct. Section 6 creates an express lawful authority to construct and maintain the railway line described in the Third Schedule “with all the necessary, proper and usual works in connection therewith.” That language authorises the State to proceed with construction works for the specified alignment without further statutory authority in this Act.

Statutory duties

• Proclamation requirement. Section 2 requires proclamation for ss 4 and 5 to come into operation. The duty is procedural on the executive to fix the date by proclamation before those provisions legally take effect. The Act does not specify a timeframe or conditions for making the proclamation.

• Accounting treatment. Section 4(b) requires that the costs of the scheduled railway as charged to the Government Railways Capital Account may be omitted from the accounts prepared under Part IV of the Government Railways Act 1904. That grants permission rather than imposes an obligation to make the omission; accountants and administrators will need to give effect to this change in the preparation of statutory accounts.

Notably absent duties or protections

• No statutory compensation mechanism. The Act contains no provision requiring the payment of compensation to private landholders or third parties as a condition of revestment or discontinuance. It does not set out acquisition procedures, valuation or compensation formulas. The Act’s text effects revestment in the Crown but contains no clauses providing compensation or dispute resolution for holders of interests under the Transfer of Land Act 1893.

• No regulatory or approval step for construction in this Act. Section 6 authorises construction and maintenance but does not specify conditions, approvals, permits, environmental assessments or third‑party consultation procedures. Those matters are not contained in this Act’s text and would therefore need to be sourced from other statutes or administrative processes.

• No stated obligations to consult affected persons. The Act does not specify notice or consultation obligations for owners of adjacent land, holders of easements, or other potentially affected parties.

Operational implications for administrators and practitioners

• The executive must issue a proclamation to activate ss 4 and 5 (s 2). Administrators therefore control timing.

• The State and its rail agencies gain statutory authority to treat the physical assets and title as provided (s 4, s 5, s 6).

• Financial officers must reflect the permitted omission of capital costs in statutory accounts under the Government Railways Act 1904 (s 4(b)).

• Private parties impacted by revestment or by the sale/disposal of materials have no express statutory route for compensation within this Act’s text; practical resolution will require reference to other statutes or negotiated settlements.

The Act does not create criminal offences, civil penalties, or enforcement regimes within its text. There are no penalty provisions, enforcement mechanisms, or specified sanctions attached to breaches of the Act’s provisions.

Textual basis for that conclusion

• No offences. A search of the statutory text reveals no section that defines an offence, sets out fines, imprisonment, or infringement penalties.

• No enforcement authority specified. The Act does not appoint an enforcing agency, set compliance reporting obligations, or prescribe administrative sanctions.

Consequences for practice

• Compliance obligations under the Act are primarily procedural and permissive for the executive. The key enforceable legal effects are the changes in property status and the accounting treatment that arise once the executive exercises the proclamation power (s 2; s 4; s 5). Those legal effects will be self‑implementing: revestment occurs by operation of the statute on proclamation (s 5), and material disposition permissions (s 4(a)) will be available to the Crown.

• Enforcement of other obligations and offences that may arise in the course of implementing the Act (for example, offences under environmental laws or planning instruments during construction authorised under s 6) are governed by those other statutes. The Act does not displace or duplicate them.

• Disputes about title or rights consequent on revestment would be litigable in the ordinary courts, but the Act itself contains no procedure for adjudication of disputes about compensation or title. The Act’s clear statutory language that the land is “revested in Her Majesty as of Her former estate” (s 5) is the primary legal source; challenges would need to be based on other legal grounds not created by this Act.

Accounting and audit enforcement

• The permission in s 4(b) to omit scheduled railway costs from accounts under Part IV of the Government Railways Act 1904 alters the statutory accounting basis. Auditors and oversight bodies must reflect this permissive treatment, but the Act does not set penalties for non‑compliance with the permitted omission. Enforcement of proper accounting remains subject to the auditing and public finance rules that apply to Government Railways and public accounts.

The Act references and intersects with a small number of named statutes and contemplates interaction with other Acts.

Named statutory references

• Government Railways Act 1904. Section 4(a)(i) uses the definition of “Government railway” as given by s 2 of the Government Railways Act 1904 when authorising reuse of materials in Government railways (s 4(a)(i)). Section 4(b) permits omission of the scheduled railway’s costs from accounts prepared under Part IV of the Government Railways Act 1904. Therefore, the Act modifies how certain assets are reported under that statute and invokes its definitional framework.

• Transfer of Land Act 1893. Section 5 removes the railway land from the operation of the Transfer of Land Act 1893 and revests it in Her Majesty as of Her former estate. The practical legal effect is that, for the duration that revestment remains, the parcel will not be governed by the Torrens title regime provided by the Transfer of Land Act 1893; this may have consequences for registration, notices and dealings which ordinarily operate under that Act.

• Other Acts authorising railway construction. Section 4(a)(ii) contemplates the use of material in railways authorised “under any other Act,” thereby explicitly leaving room for future or existing legislative authorisations to interact with disposals permitted by this Act.

Commencement and proclamation processes

• The Act requires proclamation for ss 4 and 5 to come into operation (s 2). The compilation table records that those provisions were proclaimed on 29 March 2000 (compilation table), meaning the interactions with other statutes (for example, when revestment removed certain land from the Transfer of Land Act 1893) took legal effect from that proclamation date.

Matters left to other statutes and processes

• Planning, environmental and local government regulation. The Act authorises construction in s 6 but does not displace planning, environmental, heritage or local government enabling and regulatory regimes. Any action to construct the railway line described in the Third Schedule will intersect with those other statutory regimes; the Act does not provide exemptions or detailed procedural pathways.

• Contractual and property remedies. The Act effects revestment and grants disposal powers, but it does not extinguish private contractual rights or set compensation machinery. Rights arising under contracts, mortgages or easements that pre‑existed within the legal landscape will require attention to the applicable statutes and equitable remedies; the Act does not itself resolve those matters.

• Financial and audit oversight. Section 4(b) alters permitted account treatment under the Government Railways Act 1904. The practical effect on public finance will be realised in the accounts prepared under Part IV of that Act and in public audit processes governed by public finance legislation and auditing standards external to this Act.

Standardisation of Formatting Act 2010

• The compilation table records that the Standardisation of Formatting Act 2010 (s 4) amended headings (compilation table). That is a formatting amendment and does not change substantive effect.

Spatial and plan interactions

• The Second Schedule references CE. Plan 66142, which will be the operative plan for practical land identification. Any dealings in respect of the land must therefore account for the plan reference and for the metrical chainage points specified in the schedules when determining the precise parcels affected.

This Act has a limited amendment history recorded in the compilation notes and contains a notable delayed commencement for two of its operative provisions.

Primary legislative milestones

• Assent and initial commencement. The Railway (Bunbury to Boyanup) Discontinuance, Revestment and Construction Act 1973 (No. 71 of 1973) received assent on 6 December 1973. The Act came into operation other than ss 4 and 5 on 6 December 1973 (see s 2 in the Act and the compilation table).

• Proclamation of ss 4 and 5. Sections 4 and 5 were left to the executive’s proclamation under s 2. The compilation table records that ss 4 and 5 came into operation on 29 March 2000, the date fixed by proclamation and published in the Gazette (compilation table, Gazette 28 Mar 2000 p. 1687).

• Reprint. The Act was reprinted as at 8 April 2005 (compilation table).

• Formatting amendment. The Standardisation of Formatting Act 2010 (s 4) amended headings of the Act; the amendment took effect 11 September 2010 (compilation table). The Standardisation Act’s effect was to standardise headings and formatting; there is no indication in the compilation notes that this amendment altered substantive rights or obligations.

What the notes show and what they do not

• The compilation table provides dates of assent, reprint and commencement for the different provisions. It shows a delay of over 26 years between the Act’s assent and operation of ss 4 and 5 (1973 to 2000). The Act itself required proclamation before ss 4 and 5 took effect (s 2).

• There are no recorded substantive amendments to the operative provisions other than the formatting/headings change in 2010. The schedules and statutory wording remain as originally enacted, apart from headings formatting.

Practical significance of the delayed commencement

• The legislative design intentionally deferred material effects (discontinuance and revestment) pending proclamation. The compilation notes confirm the executive exercised that discretion in 2000. The Act contains no textual explanation for the period of delay, nor does it include transitional arrangements; the compilation table merely records the dates.

No further amendment entries

• The Act’s notes contain no further amendment entries, and the Defined terms list repeats only the two defined terms appearing in s 3. There is no indication in the Act’s text or compilation notes of subsequent repeal, replacement, or substantive amendment of the operative sections beyond the heading standardisation.

The Act’s text and its compilation notes do not record any litigation history. There are no cases, judgments or notices contained in the Act’s schedules or notes that identify litigation arising under, or interpreting, the provisions of this Act. The instrument’s own notes are limited to compilation and commencement information, reprint status, and the formatting amendment recorded under the Standardisation of Formatting Act 2010.

Consequences of the absence of recorded litigation

• No reported judicial interpretation from this source. The Act as provided contains no citations of cases, no reported judicial construction, and no annotated entries indicating whether its provisions have been litigated or tested in court. Any search for case law would need to be conducted in external legal databases; the Act’s own notes do not supply such a record.

• Practical effect is statutory clarity in language. Because the Act is short and contains clear operative language (for example, that the railway land “is revested in Her Majesty as of Her former estate” in s 5 and that the scheduled railway “shall cease to be operated” on the coming into operation of s 4), the statutory duties and rights are plainly stated. Absent recorded litigation in the Act’s notes, practitioners must rely on the text itself and, where questions arise, on general legal principles and other statutes for dispute resolution.

• Potential litigable issues not resolved in the Act. The Act is silent on several matters that could be the subject of litigation in practice: compensation claims related to revestment, the status of private contractual rights or easements affecting the land, the legal effect of removing land from the Transfer of Land Act 1893 on existing registered interests, and any disputes over the precise boundaries given the metrical descriptions in the Schedules. The Act does not provide internal dispute‑resolution provisions or compensation mechanisms; these matters, if litigated, would be resolved under general property, contract and administrative law principles.

The Act is compact, but a number of concrete implementation and drafting features are likely to cause practical issues that practitioners should note. Each point is grounded in the Act’s text and schedules.

1. Proclamation timing controls key effects (s 2). The discontinuance (s 4) and revestment (s 5) only take effect when the executive issues a proclamation. The Act therefore permits an extended delay between assent and legal effect; the compilation table records such a delay (assent 6 Dec 1973; proclamation for ss 4 and 5, 29 Mar 2000). Any practitioner relying on the Act must confirm the proclamation history before assuming the legal effects have occurred.

2. Slight numeric mismatch between Schedules (First Schedule v Second Schedule). The First Schedule describes the discontinued railway as commencing at 179.118 km and terminating at approximately 181.948 km (First Schedule). The Second Schedule, which identifies the railway land to be revested, describes land commencing at 179.118 km and terminating at 181.841 km (Second Schedule). The Third Schedule references termination at 181.948 km for the line described in s 6 (Third Schedule). These differences (181.841 km v 181.948 km) may require careful map and plan analysis (CE. Plan 66142) to resolve precise boundaries and to establish whether any narrow sliver of land is treated differently across schedules. The Act itself does not explain or reconcile the numeric discrepancy.

3. Revestment “as of Her former estate” and removal from the Transfer of Land Act 1893 (s 5). The statutory wording effects the Crown’s title change and removes the operation of the Torrens title statute for the railway land. The Act contains no provision for compensation or for the treatment of existing registered interests under the Transfer of Land Act 1893. Practitioners should not assume compensation is provided merely because revestment occurs; the Act contains no such mechanism.

4. Disposal and sale provisions are broad and unconditional (s 4(a)(iii)). The Act allows material to be “sold, disposed of, or otherwise dealt with” without setting pricing, tendering, transparency or use‑of‑proceeds rules. If public authorities dispose of materials, other statutes or procurement policies may apply; the Act itself imposes no conditions.

5. Accounting treatment alteration but no clarifying detail (s 4(b)). Section 4(b) permits omission of scheduled railway costs from accounts prepared under Part IV of the Government Railways Act 1904. The Act does not specify how auditors should reflect omitted costs in notes, nor does it specify whether omission is mandatory or discretionary; the text uses permissive language (“may be omitted”). In practice, public finance and audit officers will need to determine how to apply this permission consistent with broader public finance law.

6. Section 6’s construction authority is permissive and broad. Section 6 makes it “lawful to construct and maintain” the railway described in the Third Schedule with all necessary works. The Act does not specify planning, environmental, heritage or other statutory consents; such consents would be governed by other laws. The Act therefore confers a legal permission to construct but does not itself remove or address other statutory requirements.

7. Third parties’ proprietary and contractual rights left unaddressed. The Act does not extinguish, compensate for, or set a statutory mechanism for the settlement of private contractual claims, easements, licences or mortgages that relate to the scheduled railway or the railway land. Those matters will need to be handled under general law or by agreement.

8. Reliance on external plans. The Second Schedule references CE. Plan 66142 for delineation. Practitioners must check the plan to confirm exact spatial extents; the Act’s metrical descriptions operate in conjunction with that plan.

9. No enforcement or penalties in the Act. Because the Act provides no offences or enforcement mechanisms, any failure to honour duties under other Crown policies or statutes in implementing the Act is addressed outside this instrument.

10. Formatting amendments do not affect substance. The Standardisation of Formatting Act 2010 amended headings but did not alter substantive provisions. Practitioners should confirm the operative text, but the compilation notes indicate the 2010 change was stylistic (compilation table).

Each of these “gotchas” is supported by the Act’s text or the compilation table and will be relevant when advising clients, negotiating disposals, conducting due diligence or planning construction under the Act.

Compliance under this Act falls into two categories: actions required by the State to give legal effect to the discontinuance and revestment, and practical steps for private parties or agencies interacting with the authorised disposals or construction.

Actions for the State and agencies

1. Proclaim ss 4 and 5 to activate discontinuance and revestment (s 2). The executive must issue a proclamation to bring those sections into operation. The compilation table shows the legal effect occurs only on the proclamation date; verify the Gazette for the proclamation notice and its date before taking action based on revestment or discontinuance (compilation table; s 2; s 4; s 5).

2. Prepare and maintain the plan and records. The Second Schedule references CE. Plan 66142 as the delineating plan. State departments must ensure the plan is current and that land records reflect the revestment effected by s 5. This is necessary to determine exact boundaries and to communicate with affected stakeholders.

3. Implement material disposition consistent with s 4(a). When disposing of materials, agencies should document whether materials are being reused for Government Railways (s 4(a)(i)), allocated to other authorised railway projects (s 4(a)(ii)), or sold/disposed otherwise (s 4(a)(iii)). While the Act does not prescribe procurement or pricing processes, administrative best practice will require procurement compliance, records of valuation and transparency consistent with public sector rules and any applicable procurement statutes.

4. Apply the accounting permission in s 4(b) appropriately. Finance officers responsible for Government Railways accounts under Part IV of the Government Railways Act 1904 must determine whether and how to omit costs charged to the Government Railways Capital Account. The Act uses permissive language (“may be omitted”), so treatment should be documented, and disclosure in statutory accounts should explain the basis for any omission to ensure auditability and public transparency.

5. Exercise construction authority under s 6 with statutory consents. Section 6 makes construction lawful, but construction works will still be subject to other statutory regimes. Obtain and document all required consents, permits and clearances under environmental, planning, heritage and occupational health and safety laws before commencing physical works.

Practical steps for private parties and third parties

1. Confirm the proclamation status and plan boundaries. Before acting, verify whether ss 4 and 5 have been proclaimed and obtain CE. Plan 66142 to determine whether land has been revested (s 2; Second Schedule).

2. If interested in acquiring materials, seek agreements with the relevant State authority. The Act permits sale or disposal of materials (s 4(a)(iii)), but it does not spell out process, price, or priority. Any private acquisition should be documented by contract, specifying transfer of title, warranties, liabilities and compliance with other statutory requirements.

3. Where interested in constructing a railway authorised under another Act that wishes to use materials from the discontinued portion, ensure that the authorising Act’s requirements are satisfied. Section 4(a)(ii) permits use for railways authorised under any other Act, but access to materials will be a matter of contract or arrangement with the Crown.

4. For landholders and holders of registered interests, take early legal advice. Section 5’s revestment removes the railway land from the Transfer of Land Act 1893 on proclamation, which may affect registered interests. The Act itself contains no compensation machinery; parties should assess their contractual and property rights under general law and seek negotiated outcomes where appropriate.

5. For auditors and accountants, document treatment of capital accounting. If costs are omitted under s 4(b), ensure statutory financial statements include sufficient disclosure so the omission is transparent and auditably supported.

6. For contractors and construction managers, do not rely solely on s 6. Although the Act authorises construction of the line described in the Third Schedule, practitioners must obtain all other regulatory approvals, licences and permits required by separate statutes and local rules before mobilising.

Checklist of documents to obtain before action

• Gazette notice of proclamation bringing ss 4 and 5 into operation (if relying on revestment or discontinuance) (s 2; compilation table).

• CE. Plan 66142 to confirm spatial delineation (Second Schedule).

• Internal records showing decision to reuse, transfer or sell material and any procurement or sale documentation (s 4(a)).

• Financial records noting any omission of scheduled railway costs from Government Railways Capital Account and disclosure for statutory accounts under Part IV of the Government Railways Act 1904 (s 4(b)).

• Permits and consents required under planning, environmental, heritage and safety laws for construction under s 6.

• Contracts or deeds governing transfer of materials or lands if the Crown elects to sell or licence materials (s 4(a)(iii)).

By following these steps and documenting decisions and approvals properly, agencies and third parties will give effect to the Act’s permissions while preserving compliance with other statutory regimes and public accountability.