Western Australian Consolidated Acts

PRIVATE RAILWAYS (LEVEL CROSSINGS) ACT 1966 - SECT 5

5 .         Erection of warning devices at existing and future level crossings

        (1)         Subject to subsection (2), the owner of a private railway, the line of which passes through a level crossing that is in existence immediately prior to the coming into operation of this Act, shall unless otherwise provided in the agreement under which the railway is constructed cause to be erected, maintained and operated thereat at his own cost in all things, such notices, warning and safety devices, including boom gates or rails on each side of that line, as is necessary for the protection of persons and property using or passing over the level crossing.

        (2)         Where the line of a private railway passes through a level crossing that was not in existence before the coming into operation of this Act, the owner of the private railway shall, if requested by the Minister to do so, on such terms and conditions as to the erection, maintenance and operation thereof as are agreed between the owner and the Minister, cause to be erected, maintained and operated such notices, warning and safety devices as are referred to in subsection (1).

        (3)         Any dispute or difference between the owner and the Minister as to the amount of the cost and other terms and conditions upon which such notices, warning and safety devices may be erected, maintained and operated under subsection (2), shall be referred to and settled by arbitration under the provisions of the Arbitration Act 1895  ² .