Western Australian Consolidated Acts Western Australian Consolidated Acts (1A) Notwithstanding
anything to the contrary contained in any other Act relating to the erection
of gates across roads, it is hereby declared that, with respect to every
railway, subsections (1) to (7) apply.
(1) Where a railway
crosses any road on a level the Authority may erect and maintain gates across
such road on each side of the railway, and may keep such gates closed, except
when foot-passengers, horses, cattle, carts, carriages, and other vehicles
passing along such road shall have to cross the railway and may safely do so.
(2) It shall not be
lawful without the consent in writing of the Authority, to erect or maintain
across a road, where such road crosses any line of railway on the level, any
gate within 40 metres of the middle line of such railway.
(3) The Authority may
agree with the local government having the control of such road to allow any
such gate to be erected or maintained, under such conditions as, in the
interests of public safety, it thinks fit to impose.
(4) The Authority may
require any such gate, whether erected before or after the passing of this
Act, to be removed if cattle-stops are provided at such level crossing.
(5) At level crossings
where there are cattle-stops it shall not be lawful to erect or maintain gates
so as to enclose the railway, without the consent in writing of the Authority.
(6) If any gate is
hereafter erected in breach of this Act, then, irrespective of all other
liabilities to which the person or local government erecting the same is
thereby exposed, the same may, at the cost and expense in all things of such
person or authority, be at any time removed by the Authority without any
notice.
(7) With respect to
every such gate as aforesaid which is in existence at the time of the coming
into operation of this Act, it shall be the duty of the person or authority
which erected the gate to remove the same within 48 hours after notice in
writing so to do from the Authority; and if default is made in removing the
same in terms of such notice, then the gate shall be deemed to be erected in
breach of this Act, within the meaning of the last preceding subsection
hereof, and the provisions of that subsection shall apply accordingly.
[Section 18 amended by No. 78 of 1948
s. 6; No. 94 of 1972 s. 4 (as amended by No. 19 of 1973);
No. 14 of 1996 s. 4; No. 31 of 2003 s. 139(1); No. 19
of 2010 s. 60(4).]
[ 19. Deleted by No. 31 of 2003 s. 107.]
[ 20. Deleted by No. 32 of 1998
s. 64(2).]
[ 21. Deleted by No. 31 of 2003 s. 108.]
[ 22. Deleted by No. 49 of 1998
s. 43(3).]