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Western Australia act
What this law does (mechanically)
The Act authorises construction and maintenance of two specified railway extensions in Western Australia: a northern extension (Currambine to Butler) and a southern extension (Jandakot to Rockingham to Mandurah). The legal authority to build and maintain those railways is contained in sections 3(1) and 4(1).
The precise routes are fixed by the two schedules. Schedule 1 gives the Currambine–Butler line start and end points, approximate distance (about 9 km) and a Department of Transport map reference. Schedule 2 gives the Jandakot–Rockingham–Mandurah route, its approximate distances (overall about 54 km) and a map reference.
The Act also permits the routes to be varied within fixed corridors. Section 3(2) allows the Currambine–Butler line to deviate up to 2 kilometres on either side of the Schedule 1 line. Section 4(2) allows the southern line to deviate up to 4 kilometres on either side of the Schedule 2 line. Both deviation permissions are described as being allowed “despite” the deviation limit in section 96(1) of the Public Works Act 1902, which the Act therefore disapplies to these lines to the extent described.
Who it affects and who decides
The Act authorises whoever holds the practical responsibility for design and construction to build and maintain the lines along the routes set out (ss 3(1), 4(1)) and to place the alignment within the permitted deviation corridors (ss 3(2), 4(2)). The Act itself does not name a funding body, contractor, or operator, nor does it set out acquisition or compensation procedures.
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Direct links to the current provisions in Railway (Northern and Southern Urban Extensions) Act 1999.
The authorised version of this legislation is published by the jurisdiction's legislation service. Follow the link below to read or download it from the official source.
View on official registerSourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Land, property owners and users located on or near the fixed lines or within the 2 km / 4 km deviation corridors are the parties whose legal situation is most directly affected by the statutory authorisation and permitted deviations. The Act does not itself specify how land affects are to be managed (for example, through acquisition or compensation) — other statutory processes and agencies would apply.
Why it matters (stated purpose and practical implications)
The Act’s stated purpose is to authorise construction of these two urban railway extensions; practically, it creates legal permission for a railway alignment to be established along the geographic lines and map references in the schedules and permits flexibility in final alignment within set corridors.
Practical implications include: providing a clear statutory route and corridor width for planning and construction; enabling route adjustments within the specified deviation distances; and creating the legal foundation for subsequent project actions (design, procurement, construction, and any land access). The schedules’ coordinates and map references are the definitive geographic descriptions the Act uses.
Costs, incentives, trade-offs and implementation points (mechanical, source‑grounded observations)
Who pays: The Act does not allocate or appropriate money or state who will fund construction. Funding and contracting arrangements are not specified in the text. (See ss 3(1), 4(1) — authorisation only.)
Incentives and opportunities: By legally authorising the two corridors, the Act enables government agencies or private contractors to plan, tender and carry out railway works consistent with those corridors. That creates opportunities for firms that provide railway design, construction and operation services, but the Act does not prescribe how contracts will be awarded. (Authorisation: ss 3(1), 4(1).)
Compliance burden and legal instruments: The Act sets route descriptions and map references (Schedules; map numbers in each Schedule). Parties must comply with those geographic specifications and the permitted deviation ranges when developing final designs. The Act also expressly modifies the operation of s.96(1) of the Public Works Act 1902 for these projects, which alters the usual statutory deviation constraint for these lines (ss 3(2), 4(2)).
Bureaucratic discretion and implementation risk: The Act grants flexibility (fixed maximum deviation distances) but does not set who determines the exact alignment within these corridors, nor does it set procedural steps (environmental approvals, land acquisition procedures, compensation, or detailed planning controls). Those matters will be addressed under other legislation and administrative processes. Reliance on Department of Transport maps and grid coordinates means accuracy of those materials and subsequent administrative decisions will be important for implementation (Schedules 1 and 2).
Trade‑offs and opportunity costs: The Act trades off the certainty of a statutory corridor (useful for project delivery) against the residual uncertainty for owners inside the wider deviation corridors because exact alignment can move within the permitted distance. The Act does not on its face allocate mitigation, compensation or alternative land‑use arrangements; those are left to other laws and administrative steps.
Sections most directly engaged: sections 3 and 4 (authorisation and deviation permissions) and Schedules 1 and 2 (precise route descriptions and map references).