Reserves and Road Closure Act 1977

The Act deploys a narrow set of statutory mechanisms applied to named parcels of land. The principal concepts and statutory tools present in the text are:

• Reservation and classification: The Act repeatedly refers to reserves by number and “Class A” classification (for example Reserve Nos 25270, 5692, 29151, etc.). It changes purposes attached to those Class A reserves (for example s 4, s 5, s 6) and in one instance explicitly cancels a reserve’s classification as Class A (s 7(3)).

• Vesting and cancellation of vesting: Several parcels are stated as “vested in” a local government or statutory authority (for example s 2(1) for the Shire of Ravensthorpe; s 7(1) for the Town of Albany; s 15(1) for the Western Australian Wildlife Authority). The Act cancels vestings or rescinds existing vesting orders in some instances (s 2(2) cancels an Order in Council; s 10(2) cancels the vesting of Reserve No. 23123 in the City of Perth).

• Excise and inclusion: The Act modifies reserve boundaries by “excising” specified areas (metric areas and lot numbers are given repeatedly, for example s 2(1)(a) excising 3 468 square metres as Hopetoun Lot 460) and by “including” additional Crown land (s 2(1)(b) includes Hopetoun Lot 462). Some excised areas are immediately re-reserved or dedicated for new purposes (see s 8(3)-(4), s 11(2), s 12(2), s 15(2)).

• Change of statutory purpose: The Act substitutes new purposes for existing ones using formulaic language: “is hereby changed to …” (numerous examples: s 2(2), s 4, s 5, s 6, s 7(2), s 13, s 14). The new purposes are typically descriptive land-use labels, such as “Caravan Park and Camping”, “Public Recreation”, “Conservation of Flora and Fauna”, “District Museum”, or “National Park and Water”.

• Closure of public road and cessation of rights of way: The Act closes a defined road portion in the City of Perth by reference to Perth Lot 894 and an original plan (s 16(1)). It terminates “all rights of way” over that land as of the Act’s commencement and authorises disposal subject to Governor approval (s 16(2)).

• Re-reservation, dedication and disposal powers: Where excisions occur the Act often directs immediate re-reservation for a specified facility or dedication as a road component (for example s 8(3)-(4), s 11(2), s 12(2), s 15(2)). For road closure, disposal is conditioned on the Governor’s approval (s 16(2)).

• Referential reliance on external instruments: The Act expressly cancels or modifies prior instruments, such as Orders in Council (s 2(2), s 7(2)). The compilation notes that Lands and Surveys plans are now held by the Western Australian Land Information Authority, referring to the Land Information Authority Act 2006 s 100 (Notes).

These concepts are applied in a parcel-specific way rather than creating rules for future, unspecified reserves. The Act rearranges legal status, ownership/vesting relationships, and purposes for named parcels and provides administrative direction about re-reserving or dedicating excised land.

The Act affects a defined set of stakeholders through the alteration of reservation status, purpose and vesting for specified parcels. The principal parties identifiable from the text are:

• Local government entities and statutory authorities named as vesting bodies: for example the Shire of Ravensthorpe (s 2(1)), Town of Albany (s 7(1)), City of Perth (s 10(1)), City of South Perth (s 11(1)), Shire of Kellerberrin (s 12(1)), the National Parks Authority of Western Australia (s 14), and the Western Australian Wildlife Authority (s 15(1)). Where the Act cancels or amends a vesting or purpose, the administrative responsibilities and legal title associated with those reserves change accordingly.

• The Crown and the Governor: the Act contemplates Crown management of land, the inclusion of Crown land into reserves (s 2(1)(b)), and gives the Governor a disposal approval role for closed road land (s 16(2)). The Crown is therefore a party with decision-making authority over disposal of closed road land and the residual owner of unvested Crown land.

• Users and beneficiaries of the reserves: the change of statutory purposes affects the intended use and management aims for local communities and users. Examples include campers and caravan operators affected by s 2(2) (purpose changed to “Caravan Park and Camping”), visitors to public recreation areas (s 4, s 8(2)), museum constituencies for Reserve No. 10705 (s 13), and users of national parks (s 14).

• Road users and owners of rights of way: s 16(1) expressly extinguishes “all rights of way” over the closed portion of Perth Lot 894, which affects any private or public rights registered or enjoyed over that road portion.

• Developers or government agencies that will use excised land: where excisions are reallocated to specific uses, the body that will manage that new reserved or dedicated purpose is affected. For example, Pemberton Lot 237 is to be re-reserved for a “Children’s Playground” (s 8(3)); Avon Location 28594 is to be reserved for a “Sanitary Depot” (s 12(2)); Nurina Location 13 is to be reserved for a “Maintenance Depot (Main Roads Department)” (s 15(2)).

• Land titling and surveying authorities and record-keeping bodies: the Act depends on lot numbers and plan references (for example Perth Lot 894 on Lands and Surveys 2 Original Plan 14025 in s 16(1)). The compilation note records that Lands and Surveys plans are now held by the Western Australian Land Information Authority (see the Land Information Authority Act 2006 s 100, Notes). Those agencies must process changes in the cadastre, titles, and public records.

• Parties with prior instruments: where the Act cancels Orders in Council or prior vestings, persons or bodies relying on those prior instruments (for example the Phillips River Road Board vesting cancelled by s 2(2)) will see the legal foundation for those arrangements revoked.

The Act does not specify funding transfers, compensation, or transitional arrangements for users displaced by a purpose change. It therefore affects stakeholders through changes in legal status and administrative control rather than through detailed implementation mechanisms. Who ultimately bears net costs (for example capital spending, ongoing maintenance, or disposals) is not set out in the Act; the text confines itself to statutory allocation and cancellation of land status and vestings.

The Act is primarily transactional and declaratory; it confers, removes or alters legal statuses rather than setting out a new compliance regime. The operative duties and rights arising from the Act are therefore those that flow from reservation, vesting, cancellation and road closure:

• Vesting-related management responsibilities: where land is stated to be “vested in” a local government or authority (for example s 2(1) vesting in the Shire of Ravensthorpe; s 7(1) vesting in the Town of Albany; s 15(1) vesting in the Western Australian Wildlife Authority), the named entity is the statutory vesting body for that reserve. The Act does not itself list the detailed duties of a vesting body; it alters or cancels vesting relationships that determine which body bears the legal responsibility for management consistent with the reserve’s statutory purpose.

• Rights of way extinguished: s 16(1) closes the specified portion of road (Perth Lot 894) and provides that “all rights of way over it shall cease” from the Act’s commencement. That is a statutory termination of rights of way; affected rights-holders lose their legal right of passage over that portion of road from the operative date.

• Re-reservation and dedication obligations: the Act places instructions to re-reserve or dedicate particular excised parcels for specific purposes (for example Pemberton Lot 237 re-reserved as a “Children’s Playground”, s 8(3); excised land dedicated as part of Lefroy Street, s 8(4); land excised to be reserved as “Sports Pavilion and Club Premises”, s 11(2); Avon Location 28594 to be reserved as a “Sanitary Depot”, s 12(2); Nurina Location 13 to be reserved for a “Maintenance Depot (Main Roads Department)”, s 15(2)). Those directions create a statutory destiny for those parcels; relevant authorities must have the practical and administrative capacity to carry out re-reservations and dedications (surveys, title updates, etc.).

• Cancellation of prior instruments and consequent loss of trustee authority: s 2(2) cancels an Order in Council that originally vested Reserve No. 25270 in the Phillips River Road Board; s 7(2) cancels an Order in Council vesting Reserve No. 30815 in the Town of Albany for “Recreation”; s 10(2) cancels the vesting of Reserve No. 23123 in the City of Perth. Cancellation of such instruments terminates the legal basis for prior trust arrangements or management by those bodies.

• Governor approval for disposal: on closure of the specified road portion, disposal of the closed road land is conditioned on the Governor’s approval (s 16(2)). The Governor therefore retains a decision-making right over the ultimate disposition of former road land.

• No criminal or civil penalties specified in the Act: the text contains no express penalty, fine, or enforcement regime for non-compliance. The Act’s legal consequences are effectuated through statutory change in status; the Act does not create new offences or direct sanctions for breach of new-purpose obligations.

• Title and registration obligations: because the Act identifies lot numbers, surveyed areas and original plans, it creates obligations (practical, if not spelled out) for land titling or survey authorities to update registers, plans and records so that the legal position aligns with the statute. The compilation note points users to the current custodian of Lands and Surveys plans, the Western Australian Land Information Authority (Land Information Authority Act 2006 s 100, Notes).

In short, the primary rights and duties conferred or removed by the Act are those inherent in reservation and vesting architectures: the right to manage and the duty to manage consistent with the reserve purpose, the statutory termination of rights of way, and the Governor’s discretion over disposal of closed road land. The Act itself does not elaborate operational duties, funding obligations or compliance regimes.

The Act contains no express penalty, infringement, enforcement provisions, or administrative sanctioning regime. Its operation is by statutory alteration of land status, reservation purpose and vesting, and by extinguishing rights of way. The legal effects and enforcement implications in the text are therefore limited to:

• Immediate statutory effect: where the Act changes a reserve’s purpose, cancels a reserve, or excises and re-reserves land, those changes take effect by operation of the statute itself. For example, Reserve No. 5692 is “hereby cancelled” (s 3), and rights of way over the closed portion of road “shall cease” on commencement (s 16(1)). Those statutory declarations alter legal title, interests and usage rights without requiring a further enforcement action.

• Administrative mechanisms for giving effect to statutory changes: the Act relies on land administration mechanisms (surveys, plan references, vesting orders, dedications and re-reservations). Enforcement in practice therefore depends on the actions of public authorities (land titling offices, surveyors, local government, and the Governor for disposal approvals) to update records and, where necessary, to physically reconfigure or dedicate land for the new purpose. The Act does not detail those administrative processes or timelines, nor does it set out penalties for failure to act.

• Governor decision-making and discretionary control as a form of control: s 16(2) grants the Governor sole approval rights for disposal of closed road land. The Governor’s refusal or conditional approval is the mechanism by which disposal outcomes can be controlled, but the Act does not prescribe criteria, consultation requirements, or appeal paths for such decisions.

• No enforcement of intended reserve purposes contained in this Act: while the Act prescribes new purposes for reserves, it does not in the same instrument prescribe enforcement mechanisms to compel adherence to those purposes. Compliance with reserve purpose obligations will therefore rely on the broader legal framework governing Crown reservations and the responsibilities (if any) of vesting bodies, but those enforcement mechanisms, penalties or remedies are not contained in this Act.

Practitioners should therefore treat the Act as a conveyancing and administrative instrument with legal effect upon commencement. Any practical enforcement action , for example restraining an inconsistent use , would be pursued under the wider statutory regime that governs reserves and vesting bodies, not under this Act’s text, because no penalties or enforcement procedures are created here.

The Act effects term-by-term changes to reservation and vesting arrangements and does so by referring to, cancelling or superseding prior instruments. The interactions observable from the text are:

• Superseding Orders in Council and prior vestings: the Act expressly cancels specific Orders in Council and vestings, thereby modifying the legal framework established by those earlier instruments. For example, s 2(2) cancels an Order in Council dated 25 February 1959 that vested Reserve No. 25270 in the Phillips River Road Board; s 7(2) cancels an Order in Council dated 17 March 1971 vesting Reserve No. 30815 in the Town of Albany for “Recreation”; s 10(2) cancels the vesting of Reserve No. 23123 in the City of Perth as a consequence of the repeal in s 10(1).

• Reliance on cadastral and survey instruments: the Act identifies land by lot numbers and references to original plans (for instance Perth Lot 894 on Lands and Surveys 2 Original Plan 14025, s 16(1)). The compilation note directs readers to the current custodian of those plans, naming the Western Australian Land Information Authority and citing the Land Information Authority Act 2006 s 100 (Notes). Accordingly, the Act’s implementation requires coordination with land registration and survey law and agencies.

• Cross-reference to earlier Acts: s 10(1) refers to vesting “by section 11 of Act No. 65 of 1956”. The Act therefore operates in relation to prior statutory vestings effected by different Acts. Practitioners must read this Act alongside those earlier enactments to understand the original terms of vesting that are being cancelled or altered.

• Reservation and re-reservation within the Crown land framework: by changing purposes and re-reserving excised land for particular uses, the Act alters the statutory purpose labels attached to Crown land parcels. However, it does not set out how these changes fit into the broader legislative scheme that governs reserves, nor does it adopt or reproduce the operative text of any Reserves Act or regulations. The Act therefore functions as a parcel-level amendment instrument and must be read in conjunction with the broader statutory architecture relevant to Crown reserves, vesting authorities and land tenure.

• Governor’s disposal power: s 16(2) places disposal rights for closed road land with the Governor. That provision interacts with any statutory rules that govern Crown land disposal, sale, transfer or grant by the Crown, though those rules are not reproduced in this Act. The Act therefore creates a discrete link to executive decision-making but leaves the detailed disposal process to other statutes or executive practice.

• Administrative updates and record-keeping obligations: the practical effect of the Act will require titling and land information authorities to update records. The compilation note explicitly identifies that Lands and Surveys plans are now held by the Western Australian Land Information Authority, which speaks to the administrative locus for making these changes in the modern statutory setting (Notes).

The Act does not incorporate or amend a general reserves statute within its text. Where it cancels Orders in Council or references vestings under prior Acts, it effects a direct change in those parcels’ legal position. To understand operational matters like enforcement of reserve purposes, processes for re-reservation, or compensation (if any), practitioners must consult the other statutes and administrative instruments that govern Crown land, vesting authorities, and disposals; those instruments are not contained within this Act.

The Act’s compilation table records the original enactment and one amendment recorded in the notes. The relevant entries and implications from the source are:

• Original enactment: Reserves and Road Closure Act 1977, No. 62 of 1977, received assent on 23 November 1977 and commenced on 23 November 1977 (Compilation table).

• Amendment recorded in compilation table: The table and bracketed marginal note indicate that section 11 of the Act was amended by the Reserves Act and the Reserves and Road Closure Act Amendment Act 1978, No. 103 of 1978, s 12. The compilation table records the 1978 Act’s assent date as 30 November 1978 but identifies the commencement entry for the 1977 Act as 23 November 1977 (Compilation table and bracketed note below s 11).

• Source annotation on Lands and Surveys plans: The Notes appended to the compilation identify that Lands and Surveys plans are now held by the Western Australian Land Information Authority and reference the Land Information Authority Act 2006 s 100 (Notes). This is a compilation-level annotation and not an amendment of operative text, but it signals where survey plans referenced in the Act are to be located in the contemporary administrative environment.

• Bracketed marginal note within s 11: after s 11(2) the text includes “[Section 11 amended: No. 103 of 1978 s.12.]” indicating that section received a specific amendment under the 1978 Act. The Act as compiled incorporates that amendment, so practitioners should treat the section currently in the legislative text as reflecting the change effected by the 1978 instrument.

No further amendments, repeals, or subsequent modification legislation are recorded in the compilation table supplied with the source. The compilation table is brief and lists only the 1977 Act and the 1978 amendment entry. The Act itself contains no schedule amending other statutes; the recorded amendment history is therefore limited to that single noted change to section 11.

If practitioners need to trace further legislative history, or to confirm whether later statutes have altered these provisions, they must consult an official consolidated statute database or later compilations that post-date the Notes’ reference to the Land Information Authority. The source text here contains the original 1977 enactment and the one noted 1978 amendment entry only.

The supplied legislative text contains no references to cases, judicial interpretations, appeals, or litigation arising from this Act. There is no recorded case law or judicial history included in the source. The Act’s content is parcel-specific and prescriptive; it makes statutory declarations about title, reservation purposes, vesting cancellations and road closure that operate by statute rather than by regulatory enforcement. The text does not provide any examples of legal disputes, nor does it cite judicial precedent.

Because the source is silent on litigation, the following are the only safe, source-grounded observations:

• There is no litigation or judicial interpretation recorded in the Act itself. The Act does not contain savings clauses that reference ongoing proceedings, nor does it include transitional or dispute-resolution provisions that would typically be the focus of subsequent court challenges.

• Any dispute over the effect of the Act in practice (for example, whether a cancelled vesting gave rise to enforceable rights, or whether an extinguished right of way survived by operation of another statute or private agreement) would have to be pursued in the courts under the broader legal framework governing land title, easements, vesting and Crown disposals. Those enabling statutes and common law principles are not reproduced in the source material, and accordingly the Act itself offers no litigation history.

• Practitioners should not assume the absence of litigation simply from the absence of recorded cases in this text. The source fails to record litigation; it does not evidence whether disputes ever arose later. To determine litigation history, one must search court records and consolidated legislative commentary external to this Act. That falls outside the text supplied.

In short, the Act as provided contains no litigation history or judicial gloss. Any legal disputes or case law that may have arisen after enactment are not captured in the supplied material.

The Act is compact and parcel-specific, yet contains drafting particulars and administrative traps that a practitioner should note. The following points are grounded in the text:

• Governor’s broad disposal discretion after road closure: s 16(2) provides that land from the closed road “may be disposed of in such manner as the Governor may approve.” That wording gives the Governor a gating role for disposal but sets no statutory criteria, timeframes, consultation obligations or appeal mechanisms. Practitioners should note that disposal outcomes are therefore dependent on executive approval processes that are not defined in this Act.

• No funding or implementation mechanism included: the Act effects changes in reservation status and vesting but contains no appropriation, budgetary allocation or directive about who funds the physical works, survey, re-titling or establishment of the new uses (for example creation of a “Children’s Playground”, s 8(3), or “Sanitary Depot”, s 12(2)). The absence of finance or procedure in the text means that practical implementation may require further administrative acts, agreements or budget decisions which are not guaranteed by this Act.

• Changes to Class A classification and vesting can be final: s 7(3) explicitly cancels the Class A classification of Reserve No. 30815. The Act uses final words such as “is hereby cancelled” repeatedly (for example s 3, s 9, s 10(1)), so these are not conditional directions; they take effect on commencement. Practitioners should confirm that the necessary administrative steps (surveys, title updates) have been recorded to align the land registry to the statutory position.

• Mixed uses and immediate re-reservations require precise cadastral work: the Act frequently excises specified square metre areas and ties those excisions to particular lot numbers (for example s 2(1)(a) excising 3 468 square metres as Hopetoun Lot 460). Accuracy in cadastral mapping and plan reference is necessary to implement the Act’s intentions. The compilation note points to the Western Australian Land Information Authority as custodian of plans (Notes), so practitioners must reconcile lot descriptions in the statute with the current cadastral holdings.

• Drafting anomalies and literal errors in the text: the supplied text contains typographical and drafting oddities that may complicate interpretation. Examples in the source include s 10(1) phrasing “containing at 1.5935 hectares” and s 10(2) referring to the “City of berth” rather than “City of Perth.” Those are literal errors in the printed text. Where the statute contains an obvious typographical mistake, practitioners should verify the authoritative print or consolidated version to confirm intended meaning, but the text as supplied shows such anomalies; they may need rectification or judicial/administrative clarification.

• Cancellation of prior Orders in Council alters historical trust arrangements: s 2(2) and s 7(2) cancel earlier Orders in Council that created vestings in road boards or local governments. The cancellation may terminate trust-like arrangements that were relied upon administratively; the Act does not set out transitional protections or compensation for parties who may have acted in reliance on earlier instruments. Any claim arising from reliance will need to be pursued under other legal principles, which are not addressed here.

• No penalties or enforcement mechanisms included: the statute contains no penalties or enforcement pathways, so where a reserve’s new purpose is not respected, remedy will depend on other statutes or civil remedies outside this Act.

• Interaction with external instruments not specified: s 10(1) references “Act No. 65 of 1956” and other sections mention Orders in Council without reproducing their terms. Practitioners must consult those external instruments to understand the full prior legal fabric; the Act’s text does not supply those antecedent details.

• Narrow scope: the Act affects named parcels only. It contains no general delegated power to change other reserves or to set policy for future reserve alterations. Users expecting broad enabling powers will not find them here.

These are concrete implementation risks and interpretative points that arise from the Act’s text. Because the statute does not set out procedures, funding or enforcement processes, many practical outcomes depend on administrative follow-up by the named vesting bodies, survey authorities and the Governor.

Compliance under this Act is administrative and title-focused rather than behavioural in a regulatory sense. The following is a practical checklist, grounded in the statute, for authorities and practitioners tasked with implementing the Act’s changes:

1. Establish operative date and commence updating records

   • Confirm the Act’s commencement date (assent and commencement recorded as 23 November 1977 in the compilation table) and ensure all property dealings recognise the statutory changes as operative from that date where applicable.

2. Update cadastre and titles

   • For each excision, inclusion and re-reservation listed (for example Hopetoun Lots 251, 409, 460 and 462 in s 2; Pemberton Lots 207, 208 and 237 in s 8), coordinate with the Lands and Surveys custodian to re-issue or amend plans and registers. The compilation note directs users to consult the Western Australian Land Information Authority for Lands and Surveys plans (Notes).
   • Ensure lot-level survey work is carried out to identify the precise boundaries described (metric areas and lot numbers are given across multiple sections).

3. Effect re-reservations and dedications as directed

   • Where the Act requires re-reserving excised land for specified purposes (s 8(3) re-reserve as “Children’s Playground”; s 11(2) re-reserve as “Sports Pavilion and Club Premises”; s 12(2) reserve as “Sanitary Depot”; s 15(2) reserve as “Maintenance Depot (Main Roads Department)”), register the appropriate dedication/reservation with the land titles office and notify the named vesting body of its new statutory purpose.

4. Give effect to cancellations and vesting changes

   • Where the Act cancels vesting or an Order in Council (s 2(2), s 7(2), s 10(2)), update vesting records and notify affected local authorities or bodies. Ensure that the termination of vesting is recorded on titles and that any consequential administrative steps (transfer of obligations, release of trust powers) are completed in line with other statutory requirements governing vesting bodies.

5. Process road closure and disposal steps

   • For Perth Lot 894, close the road as per s 16(1) and ensure “all rights of way” are recorded as ceased from commencement. For disposal, prepare a submission to the Governor as s 16(2) requires disposal “in such manner as the Governor may approve.” Ensure any disposal proposal addresses whatever executive procedures are in place for Governor approval even though the Act does not prescribe criteria.

6. Liaise with affected bodies and stakeholders

   • Notify local government authorities, the named vesting bodies and any other stakeholders (for example community groups that use reserves) of the new purposes and any transfer of management responsibility. The Act does not specify consultation, but administrative good practice and potential external obligations under other statutes suggest parties should be briefed.

7. Review prior instruments and historical vestings

   • Examine the Orders in Council and the previous Acts referenced for any residual obligations or rights that might survive abolition or cancellation. For example, s 10(1) references vesting by section 11 of Act No. 65 of 1956; practitioners should review that Act to identify any procedural steps or rights to be wound up.

8. Rectify drafting anomalies through authoritative sources

   • Where the legislative text contains typographical errors (for example s 10(1) “containing at 1.5935 hectares” and s 10(2) “City of berth”), consult the authorised printed statute or legislative counsel consolidation to confirm the intended wording before implementing administrative actions.

9. No enforcement regime to implement , alignment with broader statutory duties

   • Because the Act does not prescribe penalties or detailed management duties, ensure that the vesting bodies apply the reserve purposes consistent with any broader statutory duties that govern their conduct. The Act changes legal labels and vesting but does not itself create compliance enforcement processes.

10. Record-keeping and future audits

    • Update public registers, council asset lists and management plans to reflect the new reserve purposes or cancellations. Document the administrative steps taken to implement the statutory changes in case of future audit or challenges.

This checklist identifies concrete steps that flow from the Act’s provisions. Practical compliance will typically require collaboration among local government, the relevant statutory authorities, surveyors and the Western Australian Land Information Authority to ensure the statute’s land title and cadastral outcomes are recorded and implemented.