Railway (Forrestfield-Airport Link) Act 2015

The Act's operative concepts are confined and defined within its short text. The most important concepts are: railway; airport section of the railway; underground section of the railway; Perth Airport land; Airports Act; Metropolitan Region Scheme; and Planning Commission (s 3).

• Railway: The Act defines “railway” as the railway the construction and maintenance of which is authorised by s 4 (s 3). Section 4 then authorises construction and maintenance “along the line described in Schedule 1”. The Schedule gives a geographical description and references a Public Transport Authority drawing (no. 16‑C‑15‑0002 Rev A) showing the course as a red line. These definitions link statutory powers to a specific, mapped infrastructure corridor (Schedule 1; s 4).

• Airport section of the railway: This is defined to mean so much of the railway that is constructed and maintained, or proposed to be constructed and maintained, on, over or under Perth Airport land (s 3). The definition triggers the specialised rules in Part 3 (ss 5-7) about which written laws apply and how powers must be exercised.

• Perth Airport land: Defined by reference to the Commonwealth Airports Regulations 1997 Schedule 1 Part 1.18 (s 3). The Act does not itself enumerate airport parcels; it delegates that spatial definition to the Commonwealth regulations.

• Underground section of the railway: Defined as so much of the railway constructed or proposed to be constructed underground, but explicitly excluding any part of a railway station, related car park, public transport interchange facility or associated means of pedestrian or vehicular access that is constructed or proposed to be constructed underground (s 3). That exclusion matters for the planning exemption in s 8.

• Airports Act reference point: The Act repeatedly uses the Airports Act 1996 (Commonwealth) as the touchstone for resolving inconsistencies and for dictating how state powers must be exercised with respect to airport land (ss 3, 5, 7). Under s 5, written laws that apply to construction or maintenance of the railway apply to the airport section only to the extent they are not inconsistent with the Airports Act.

• Metropolitan Region Scheme and Planning Commission: The Act references the Metropolitan Region Scheme as defined in the Planning and Development Act 2005 s 4(1) and the Planning Commission as established by that Act s 7(1) (s 3). Section 8 creates a statutory planning exemption for the underground section under the Metropolitan Region Scheme, specifying that that category of development may be commenced or carried out without the Planning Commission’s approval.

Together these concepts allocate where Commonwealth airport law governs, where particular state land acquisition procedures are excluded, and where planning approval is not required for subterranean construction; the Act ties those allocations to spatially defined parts of the authorised railway (s 3; s 4; Schedule 1; ss 5-8).

The Act’s provisions operate on a narrow class of actors and land. The primary parties affected, as identified in the statute, are the owners and occupiers of Perth Airport land, the entity or entities that will construct and maintain the railway (the Act authorises construction but does not itself name a constructor), the Public Transport Authority insofar as it must exercise particular Public Works Act powers in accordance with the Airports Act, and the Western Australian Planning Commission insofar as planning approvals are or are not required.

• Public Transport Authority: The Act expressly imposes an exercise requirement on the Public Transport Authority (PTA). Section 7 provides that the PTA must exercise its powers under the Public Works Act 1902 s 99 in respect of the airport section of the railway in accordance with the Airports Act (s 7). That places a statutory instruction on the PTA’s conduct of certain public works processes where airport land is concerned.

• Western Australian Planning Commission: The Act reduces the Planning Commission’s gatekeeping role for subterranean works by declaring that, for the Metropolitan Region Scheme, the underground section of the railway is a development that may be commenced or carried out without Planning Commission approval (s 8). This affects the Commission’s approval jurisdiction rather than its broader statutory existence.

• Land owners and holders of interests in Perth Airport land: Acquisition of any interest in Perth Airport land “required for the purpose of constructing or maintaining the railway” falls outside Parts 9 and 10 of the Land Administration Act 1997 and outside s 266 of that Act (s 6(1)-(2)). That changes the statutory acquisition regime that would otherwise apply to those interests. The Act applies only to “Perth Airport land,” a term defined by reference to the Airports Regulations 1997 Schedule 1 Part 1.18 (s 3).

• Entities subject to written laws that regulate construction and maintenance of railways: For the airport section, any such written law applies only to the extent it is not inconsistent with the Airports Act (s 5). Thus, statutory regulators whose instruments or statutes apply to railway works will have their applicability to the airport section qualified by potential inconsistency with the Airports Act.

• Planning applicants and contractors: The Act’s planning exemption affects developers and contractors intending to work on the underground section. The definition of “underground section” explicitly excludes underground parts of stations, car parks, interchange facilities and means of access (s 3), so developers of those excluded elements remain subject to standard planning processes.

Notably, the Act does not itself specify funding arrangements, ownership transfer, or which public authority or private contractor will carry out construction. It also does not alter Commonwealth law as such; instead it conditions the operation of state written laws in relation to airport land and underground works (ss 4-8). Those seeking to understand direct obligations should read the specified cross‑referenced statutes (the Airports Act, the Land Administration Act 1997, the Public Works Act 1902, and the Planning and Development Act 2005) in conjunction with this Act because compliance consequences and administrative processes for affected parties will be determined by those laws as qualified by this Act (s 5; s 6; s 7; s 8).

The Act imposes relatively few explicit duties or rights; instead it creates authorisations and modifies how other duties and rights in other statutes apply in particular spatial contexts. Key operative provisions to note are sections 4-8 and the definitional provisions in section 3.

Authorisation and associated right

• Section 4 grants legislative authority to construct and maintain the railway “with all necessary, proper and usual works and facilities in connection with the railway” along the line in Schedule 1. That is an express statutory authorisation to build and maintain the specified railway infrastructure. The Act therefore creates a legal right to construct and maintain the specified works, but it does so without setting out funding, ownership, or tendering arrangements in the Act itself (s 4; Schedule 1).

Qualifications and duties tied to other statutes

• Section 5 operates as a qualification on the application of other written laws to the airport section of the railway. The duty, if any, flowing from that text is not a positive duty but a limitation on applicability: any written law that would apply to construction or maintenance of the railway will apply to the airport section only to the extent it is not inconsistent with the Airports Act (s 5). Practically, that places a legal necessity to consider the Airports Act when applying other written laws to activities on Perth Airport land.

• Section 7 places an operational duty on the Public Transport Authority to exercise powers under the Public Works Act 1902 s 99 in respect of the airport section “in accordance with the Airports Act” (s 7). That is a direct statutory instruction about how a specified statutory power must be exercised where airport land is involved. The Act does not restate the content of s 99 of the Public Works Act or of the Airports Act; it requires conformity with the Airports Act.

Acquisition regime adjustments

• Section 6 removes the operation of Parts 9 and 10 of the Land Administration Act 1997, and s 266 of that Act, from the acquisition of interests in Perth Airport land required for constructing or maintaining the railway (s 6(1)-(2)). This is a negative statutory change; a duty that would otherwise exist under those provisions will not apply for the described acquisitions. The Act itself does not substitute an alternative acquisition procedure in full; it simply removes those provisions from applying and leaves interplay with the Airports Act and other applicable law to govern practical acquisition and compensation processes.

Planning exemption for underground section

• Section 8 creates an affirmative right to commence or carry out the underground section of the railway without Planning Commission approval under the Metropolitan Region Scheme (s 8). That means proponents can proceed with underground construction within the scope of that definition without seeking the Planning Commission’s approval under the MRS. However, due to the definition of “underground section” in s 3, certain underground elements (for example, parts of underground stations, car parks, interchanges or access ways) are explicitly excluded from that exemption and remain subject to planning processes.

Practical implication

• The Act’s duties and rights mostly function by adjusting the application of other statutes rather than by creating a broad standalone compliance code. Those engaged in construction, acquisition, or regulatory compliance for the Forrestfield‑Airport Link must therefore treat the Act as a modifying instrument that requires cross‑checking with the Airports Act, the Land Administration Act 1997, the Public Works Act 1902 and the Metropolitan Region Scheme and Planning and Development Act 2005 (ss 3-8).

The Act itself contains no express penalty clauses, infringement schedules or administrative enforcement mechanisms directed at private parties. It does not create offences, pecuniary penalties, enforcement agencies, or bespoke enforcement procedures within its four substantive parts. Consequently, enforcement and penalties relevant to activities governed by the Act will arise from other written laws that continue to apply, subject to the Act’s qualifications and exclusions.

Two points follow from the Act’s silence on penalties.

• Enforcement through other statutes: Where the Act permits or authorises action and those actions are subject to other written laws, any penalties or enforcement processes necessary to regulate conduct will be found in those other laws. For example, planning, environmental, heritage, safety, or airport regulatory regimes that have applicable offences or compliance mechanisms will remain the source of enforcement unless they are inconsistent with the Airports Act in relation to the airport section (s 5). The Act’s conditioning clause (s 5) narrows the circumstances in which state written laws apply to the airport section by reference to the Airports Act; it does not abolish enforcement regimes wholesale.

• Administrative exercise obligations: Section 7 imposes a statutory requirement that the Public Transport Authority exercise its Public Works Act s 99 powers “in accordance with the Airports Act”. That direction creates an obligation on the PTA; failure to exercise those powers in accordance with the Airports Act could give rise to administrative law remedies or internal administrative consequences under relevant statutes, even though the Act itself does not prescribe a penalty for non‑compliance.

Because the Act modifies the applicability of Parts 9 and 10 and s 266 of the Land Administration Act 1997 for acquisitions on Perth Airport land (s 6), any penalties or remedies that would have been available under those LAA provisions will not apply in respect of those acquisitions. The Act does not specify any alternative remedy or compensation mechanism in its text; users must therefore consult the Airports Act and other relevant laws to identify current compensation, acquisition and dispute resolution processes that govern acquisitions on Perth Airport land.

Readers should note that the Act’s silence as to penalties and enforcement does not render conduct unregulated; rather, regulation and enforcement will be determined by the remaining applicable statutes and by Commonwealth airport law where s 5 and s 7 operate to accord primacy to the Airports Act in relation to the airport section.

The Act is primarily an instrument of inter‑statutory interaction. It repeatedly references and modifies the applicability of other statutes to the authorised railway and to particular spatial components of it. The Act expressly names four external statutory regimes it modifies: the Airports Act 1996 (Commonwealth), the Land Administration Act 1997 (WA), the Public Works Act 1902 (WA), and the Metropolitan Region Scheme as defined under the Planning and Development Act 2005 (WA) (see ss 3-8). The mechanics of interaction are statutory limitation, exclusion and direction.

Limitation by inconsistency with the Airports Act (s 5)

• Section 5 provides that a written law that would otherwise apply to construction or maintenance of the railway applies to the airport section only to the extent it is not inconsistent with the Airports Act. This is a limiting clause: state written laws retain applicability to the airport section unless their requirements conflict with the Airports Act. The Act therefore creates a conditional rule of application rather than an absolute displacement of state law.

Exclusion of Land Administration Act provisions (s 6)

• Section 6 removes Parts 9 and 10 and s 266 of the Land Administration Act 1997 from applying to the acquisition of interests in Perth Airport land required for constructing or maintaining the railway. Those Parts and section likely deal with particular procedures, notices, approvals or compensation matters under the Land Administration Act; the Act does not restate those provisions and therefore creates an exclusionary effect so that acquisitions of certain airport interests are not handled under those parts and section of the LAA. Practitioners must therefore consult the Land Administration Act and the Airports Act to determine the applicable acquisition and compensation regime in any given case.

Direction to exercise Public Works Act power in accordance with the Airports Act (s 7)

• Section 7 requires the Public Transport Authority, when exercising its powers under the Public Works Act 1902 s 99 in respect of the airport section, to do so “in accordance with the Airports Act”. This is not a mere statement about inconsistency; it is an affirmative obligation to conform a specified statutory exercise to the Airports Act. The effect is to bind the PTA’s exercise of a specified power at state level to the requirements or procedures in Commonwealth airport law.

Planning interaction and exemption (s 8)

• The Act addresses the Metropolitan Region Scheme by providing that the “underground section of the railway” is a development that may be commenced or carried out without the approval of the Planning Commission (s 8). The Planning Commission and the MRS themselves are creatures of the Planning and Development Act 2005, and the Act defines the “Metropolitan Region Scheme” by cross‑reference to that Act (s 3). The planning interaction is therefore a positive exemption carved out from MRS approval processes for the underground section, but with the definitional caveat in s 3 that excludes underground parts of stations, car parks, interchange facilities and access.

Spatial anchoring by Commonwealth regulations and PTA drawings (Schedule 1; s 3)

• The Act defines Perth Airport land by reference to the Commonwealth Airports Regulations 1997 Schedule 1 Part 1.18 (s 3). It anchors the authorised route to a particular PTA drawing number in Schedule 1. Those cross references mean the Act’s spatial scope and the identity of “airport land” are determined in part by external instruments.

Net effect

• The Act does not abolish the operation of other laws across the board. Instead it creates a hierarchy of application for the airport section (Airports Act primacy by limitation), eliminates specific Land Administration Act procedures for acquisitions over airport land, and creates a planning exemption for subterranean works while leaving non‑underground elements and excluded underground parts subject to usual planning approvals. The PTA is required to operate certain public works powers in alignment with Commonwealth airport rules. Practitioners must therefore interpret the Act alongside the named statutes to determine compliance paths, as the Act modifies the applicability and exercise of provisions in those laws rather than comprehensively restating them.

The Act contains its own short compilation note. The compilation table reproduced at the end of the enacted text records the Act’s short title, number and year, assent date, and commencement date. The Railway (Forrestfield‑Airport Link) Act 2015 is No. 34 of 2015, it received Royal Assent on 2 November 2015, and it commenced on the same day (see s 2 and the compilation table). The Act’s text includes a “Notes” or compilation table that confirms this identity and commencement.

The statute as provided contains no amendments or amendment schedules. There are no subsequent entrenching clauses, saving clauses, transitional provisions or sunset dates in the printed text. The Schedule and definitions remain as enacted. The Act therefore appears as a single, short enactment authorised and commenced on 2 November 2015, with no recorded amendments, repeals or variations contained in the text provided.

Users should note that the compilation table is a documentational statement appended to the Act as a convenience and not an operative provision adding substantive alterations. Where the Act cross‑references other statutes (for example, the Airports Regulations 1997 schedule that defines Perth Airport land, the Planning and Development Act 2005, the Land Administration Act 1997 and the Public Works Act 1902), any amendments to those external instruments outside the scope of this Act may change the practical effect of the Forrestfield‑Airport Link Act without an amendment to this Act. The Act’s own text, however, has no recorded later amendments in the material provided.

If a practitioner needs to know whether later legislative instruments or regulations have affected the extent of Perth Airport land, the content of Parts 9 and 10 and s 266 of the Land Administration Act 1997, or the content of the Airports Act 1996, they should consult the current consolidated texts of those laws and the relevant regulations. Those external amendments would change practical application even though this Act remains unchanged in its statutory language.

The text of the Act as provided contains no litigation history. It does not list cases, judicial interpretations, or proceedings that have arisen under the Act. The Act itself names no cases. There are no embedded indications of prior judicial consideration, declaratory judgments or appellate rulings concerning the Act’s operation in the provided compilation.

Because the Act modifies the applicability of other statutory regimes (notably the Airports Act, the Land Administration Act 1997 and the Public Works Act 1902) and because those statutes and regulations can give rise to litigation in their own right, litigated issues arising in practice are likely to concern the interpretation and interplay of the Act with those external laws. For example, disputes could involve whether a particular parcel falls within the definition of Perth Airport land (as defined by the Airports Regulations 1997 Schedule 1 Part 1.18), whether a particular element of the works falls within the “airport section” or the “underground section” (noting the statutory exclusions for underground station elements etc), or whether an applicable written law is inconsistent with the Airports Act such that it does not apply to the airport section (s 5). Any such litigation would, however, take place under the external statutes and in the courts or tribunals competent to hear those matters, rather than under any civil penalties or enforcement regime created by this Act itself.

Given the absence of recorded litigation in the Act text, readers must search judicial databases and reported decisions outside the text supplied here to identify any cases that have considered the Act since its commencement. The Act itself provides no litigation record or interpretive guidance beyond its plain words.

The Act is short but contains several drafting features and cross‑references that can catch practitioners who rely on assumptions about the scope of exemptions or the mechanics of acquisition and approval. The following are concrete legal‑textual pitfalls to watch for, grounded in the Act’s wording.

1. “Underground section” definition excludes station and related underground elements (s 3; s 8)

• The Act carves out a planning exemption for the “underground section” under s 8, but the definition of “underground section of the railway” in s 3 expressly excludes any part of a railway station, related car park, public transport interchange facility or associated means of pedestrian or vehicular access that is constructed underground. A superficial reading that assumes the entire subterranean alignment (including underground stations and station access) may proceed without Planning Commission approval would be incorrect. Only the portion properly characterised as the underground section, excluding the listed elements, benefits from the s 8 MRS exemption.

2. “Airport section” is spatially defined by Commonwealth instrument (s 3)

• “Perth Airport land” is defined by reference to the Airports Regulations 1997 Schedule 1 Part 1.18. That means whether a particular parcel is “airport land” for the purposes of ss 5-7 depends on an external Commonwealth regulation. Practitioners must verify current schedules of the Airports Regulations rather than rely solely on cadastral or local maps.

3. Limitation, not total displacement, by s 5

• Section 5 states that a written law applies to the airport section only to the extent it is not inconsistent with the Airports Act. This is a conditional application, not an outright displacement of state laws. Determining whether a given requirement is “inconsistent” with the Airports Act will require analysis of both the state law and the Airports Act. Do not assume applicable state licensing, safety, environmental or planning laws are wholly inapplicable; they apply unless and until shown inconsistent.

4. Exclusion of specified Land Administration Act provisions without specifying the replacement mechanism (s 6)

• Sections 6(1)-(2) exclude Parts 9 and 10 and s 266 of the Land Administration Act 1997 from applying to acquisitions of Perth Airport land for the railway. The Act does not, within its text, set out the alternative acquisition or compensation process that will govern. Users must therefore check the Airports Act, the Airports Regulations and any agreements or instruments under which acquisitions are to take place. Assuming LAA procedural protections or timelines apply could be wrong for airport land.

5. PTA’s duty in s 7 is framed as conformity with the Airports Act

• Section 7 requires the Public Transport Authority to exercise Public Works Act s 99 powers “in accordance with the Airports Act”. The content of that obligation depends on the Airports Act’s requirements for works on airport land. Practitioners should not assume that exercising s 99 in the PTA’s usual manner will satisfy s 7; instead, they must identify specific Airports Act requirements that bear on s 99 exercises.

6. The Act is silent on funding, contracting and ownership

• The Act authorises construction and maintenance (s 4) but does not specify who pays for construction, who holds title on completion, what procurement rules apply, or whether private contractors operate under concession or PPP arrangements. Practitioners must seek project documents, contracts and other statutory instruments for those details. The lack of such provisions in the Act can cause misapprehension if one assumes the Act supplies comprehensive project governance.

7. The Schedule references a PTA drawing for precise alignment (Schedule 1)

• The Schedule gives a textual description and cites a specific PTA drawing (no. 16‑C‑15‑0002 Rev A) showing the route. Exact legal effect as to location and any minor deviations may require reference to that drawing. The textual kilometre approximations in the Schedule (“approximately 5 kilometres”, “approximately 8.5 kilometres”) are not precise survey coordinates for the entire alignment; the drawing may be required to resolve precise route queries.

8. The Act’s interplay with other approvals and regulatory regimes requires cross‑checking

• Because the Act modifies the applicability of other statutes rather than replacing them, practitioners must identify which state and Commonwealth regulatory processes remain relevant. This includes environmental approvals, heritage requirements, workplace safety, and other regimes not mentioned explicitly in the Act. The Act’s s 5 limitation means those regimes continue to apply where not inconsistent with the Airports Act.

Addressing these gotchas requires attention to the external instruments the Act references (Airports Act 1996, Airports Regulations 1997, Land Administration Act 1997, Public Works Act 1902, Planning and Development Act 2005 and related documents) and to the PTA drawing cited in Schedule 1.

Compliance under this Act is principally compliance with its cross‑referenced instruction to apply or not apply other written laws in the specified circumstances and to follow the defined spatial categories. The steps below are practical, statutory‑text grounded actions to determine compliance pathways.

1. Identify spatial scope precisely

• Determine which parcels and works fall within the “airport section of the railway” by reference to the definition of “Perth Airport land” in the Airports Regulations 1997 Schedule 1 Part 1.18 (s 3). Verify the current consolidated Airports Regulations to confirm the identity and extent of airport land at the time of acquisition or works.

• Determine which works are within the “underground section of the railway” using s 3, and remember the express exclusions for underground stations, car parks, interchange facilities and associated access works. Those excluded items remain subject to usual planning approvals under the Metropolitan Region Scheme and other planning instruments.

2. Apply the Airports Act test to written laws (s 5)

• For any written law that would otherwise regulate construction or maintenance of the railway on airport land, perform an “inconsistency” analysis against the Airports Act 1996. If the state written law is inconsistent with the Airports Act, then under s 5 it does not apply to the airport section. If it is not inconsistent, it continues to apply. Document the legal reasoning and retain records of the conclusions reached for regulatory auditability.

3. If acquiring interests in Perth Airport land, do not rely on Parts 9 and 10 or s 266 of the LAA (s 6)

• Where acquisition of an interest in Perth Airport land is “required for the purpose of constructing or maintaining the railway”, Parts 9 and 10 and s 266 of the Land Administration Act 1997 do not apply (s 6(1)-(2)). Do not assume LAA procedural steps or compensation mechanisms under those parts apply. Instead, identify the alternative acquisition and compensation mechanisms applicable , for many transactions on airport land that will involve the Airports Act, the Airports Regulations or negotiated arrangements with the airport lessee or Commonwealth. Ensure transactional documentation expressly records which statutory acquisition processes are being relied upon.

4. Exercise Public Works Act s 99 powers in accordance with the Airports Act (s 7)

• If the PTA is exercising s 99 powers of the Public Works Act 1902 in respect of the airport section, ensure that the exercise conforms with the Airports Act. Record how each step complies with Airports Act requirements. Where the Airports Act prescribes conditions, approvals, notifications or compatibility requirements, incorporate them into the s 99 exercise.

5. Planning Commission approval is not required for the underground section (s 8), but review other approvals

• For the underground section, s 8 states planning approval under the Metropolitan Region Scheme by the Planning Commission is not required. Nevertheless, confirm that excluded elements (underground portions of stations, car parks, interchange facilities and access ways) are separately approved as necessary. Also check whether local planning schemes, environmental approvals, heritage approvals, building permits, safety regulations or Commonwealth airport approvals are required notwithstanding the MRS exemption.

6. Use the Schedule and PTA drawing for alignment and project documentation (s 4; Schedule 1)

• The Act ties the authorised railway to the line in Schedule 1 and to PTA drawing no. 16‑C‑15‑0002 Rev A. For land dealings, property title issues, construction permits and surveying, refer to the drawing and the Schedule. Where exactness is required, secure certified plans and survey data and record any deviations from the referenced drawing together with statutory authority for them.

7. Keep contemporaneous legal analysis and decision‑records

• Because the Act's practical effect depends on the content of other statutes and the factual classification of parcels and works, maintain contemporaneous legal analyses that justify why particular statutes apply or do not apply (for example, why a state requirement is not inconsistent with the Airports Act or why an acquisition does not engage the Land Administration Act parts excluded by s 6). Such records will be useful in administrative reviews or litigation.

8. Check for external amendments and updated instruments

• The Act cross‑references several external statutes and regulations that may change over time. Before taking a compliance decision, check the current consolidated versions of the Airports Act 1996, the Airports Regulations 1997, the Land Administration Act 1997, the Public Works Act 1902, and the Planning and Development Act 2005, and any relevant regulations. The Act’s text itself contains no updating mechanism for those external instruments.

9. Coordinate with the airport authority and the Commonwealth where required

• Given the central role of airport land and the Airports Act in the Act’s regime, coordinate statutory processes, approvals and acquisitions with the relevant airport authority or Commonwealth agencies responsible for airport land and compliance with the Airports Act, ensuring any approvals or licences required under Commonwealth law are sought as necessary.

10. Where in doubt, get specialist advice on inconsistency and acquisition issues

• The Act’s principal legal complexities turn on inconsistency analysis with the Airports Act and on the non‑application of specified Land Administration Act provisions. Those questions often require detailed statutory interpretation and an understanding of Commonwealth‑state interactions, administrative law and statutory acquisition regimes. Obtain legal advice specific to the parcel, works and proposed acquisition method.

In short, compliance under the Act is a matrix exercise: identify whether a parcel or work is within the airport or underground sections as defined, apply the Airports Act consistency test to any state written law, follow the Airports Act where s 7 and s 5 demand it, do not rely on LAA Parts 9/10 or s 266 for airport land acquisitions, and remember that the planning exemption for subterranean works excludes several station‑related elements. Document all legal positions and consult the external statutes and relevant project documentation referenced in the Act.