Westernport (Crib Point Terminal) Act 1963
Westernport (Crib Point Terminal) Act 1963No. 7018 of 1963
Version No. 016
Westernport (Crib Point Terminal) Act 1963
No. 7018 of 1963
Version incorporating amendments as at 25 October 2012
table of provisions
SectionPage
i
ii
1Short title and commencement2
2Definitions2
2AObjects of Act4
2BTransport Integration Act 20104
3Act to bind Crown4
4Port facilities to vest in Port of Melbourne Authority4
5Extinguishment of licence5
6The authorised pipeline5
6AConstruction of instruments relating to pipeline
easements5
6BInterpretation of plans6
6CDocuments to be lodged before statutory easement created7
6DPlansstatutory easement9
6EApproval of easements and covenants9
6FEffect of Order10
6GResponsibilities to cease in certain circumstances11
6HCertain rules about easements and covenants not to apply12
6IWhen can the route of the authorised pipeline be
changed?12
6JVariation of easement or covenant13
6KOther easements and rights not affected15
6LAmendment of records relating to title16
6MEasement and covenant not breach of agreement17
710Repealed17
11Power to open and break up streets etc. and temporarily stop
traffic18
12Company liable for damage19
13Public statutory corporations to co-operate with the
Company19
14Crown not liable to make compensation20
15No compensation payable in certain circumstances20
16Supreme CourtLimitation of jurisdiction20
__________________
SCHEDULES21
SCHEDULE 1Route of authorised pipeline21
SCHEDULE 2Authorised pipeline easements22
Part 1Land Under Transfer of Land Act 195822
Part 2Land Registered Under Part 1 of the Property Law
Act195824
SCHEDULE 3Freehold land to be burdened by the statutory
easement25
ENDNOTES26
1. General Information26
2. Table of Amendments27
3. Explanatory Details28
SectionPage
1
Version No. 016
Westernport (Crib Point Terminal) Act 1963
No. 7018 of 1963
Version incorporating amendments as at 25 October 2012
An Act to ratify validate approve and otherwise give Effect to
an Agreement between the Premier for and on behalf of the State of
Victoria and BP Refinery (Westernport) Proprietary Limited with
respect to the Establishment at Crib Point in the State of Victoria
of a Refinery to authorize the Construction of Port Facilities at
Crib Point to authorize and make Provision with respect to the
Construction of certain Pipelines from Crib Point and for other
purposes.
5
WHEREAS BP Refinery (Westernport) Proprietary Limited a company
incorporated in the State of Victoria is desirous of establishing
an oil refinery on certain lands at Crib Point:
AND WHEREAS the operation of the oil refinery requires the
establishment of adequate port facilities in Westernport:
AND WHEREAS an agreement to facilitate the establishment of the
said oil refinery and the said port facilities has been entered
into between the Premier of the State of Victoria and the
Company:
AND WHEREAS the agreement is expressed to be subject to
ratification by the Parliament of Victoria:
AND WHEREAS it is expedient in the public interest to ratify
validate approve and otherwise give effect to the said agreement
and to make other provision as hereinafter enacted:
BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by
and with the advice and consent of the Legislative Council and the
Legislative Assembly of Victoria in this present Parliament
assembled and by the authority of the same as follows (that is to
say):
1Short title and commencement
s. 1
S. 1(1) amended by No. 63/1994 s.11(1).
(1)This Act may be cited as the Westernport (Crib Point
Terminal) Act 1963[endnoteRef:2]. [2: S. 1(1): Section 11(2) of the
Western (Crib Point Terminal) Act 1994, No. 63/1994 reads as
follows:(2)In an Act, a subordinate instrument within the meaning
of the Interpretation of Legislation Act 1984, or any document
whatever, a reference to the Principal Act by its old name is, in
relation to any period occurring on or after the commencement of
this section and unless inconsistent with the context or subject
matter, deemed to be a reference to the Principal Act by its new
name.]
(2)This Act shall come into operation on a day to be fixed by
proclamation of the Governor in Council published in the Government
Gazette.
S. 2 substituted by No. 63/1994 s.4.
2Definitions
(1)In this Act
authorised pipeline means a 200 millimetre nominal bore pipeline
for the transmission of petroleum
(a)constructed in accordance with section6; and
(b)which the company has a permit to own and use and a licence
to operate under the Pipelines Act 1967;
Central Plan Office means the Central Plan Office under the
Survey Co-ordination Act 1958;
Company means Crib Point Terminal Pty. Ltd. and any person who
is for the time being permitted to own and use the authorised
pipeline under the Pipelines Act 1967;
petroleum means mineral oils or hydrocarbons of any kind and
from whatever source, whether crude or refined, and includes
(a)petroleum feedstock; and
(b)products obtained from petroleum; and
(c)a mixture of petroleum or a petroleum product with another
substance;
s. 2
pipeline includes valves, apparatus, equipment, cathodic
protection works and other works associated with a pipeline;
Port of Melbourne Authority means the Port of Melbourne
Authority under the Port of Melbourne Authority Act 1958;
route in relation to the authorised pipeline means the route
shown by a solid black line on the plans referred to in Schedule
1;
specified day means the date on which an order under section 6F
comes into operation;
statutory covenant means obligations referred to in section 6F
as varied and in force from time to time;
statutory easement means an easement created by section 6F as
varied and in force from time to time.
(2)A reference in this Act to a statement lodged under section
6C is a reference to such a statement as varied from time to time
under section 6J.
(3)If a new folio of the Register under the Transfer of Land Act
1958 is created for all or any part of the land in a folio of the
Register listed in column1 of an item in Schedule 2, and an
instrument listed in column 2 of that item applies to the land in
that new folio, a reference in column1 of that item to that old
folio is deemed to be a reference to each new folio so created.
S. 2Ainserted by No. 63/1994 s.4.
2AObjects of Act
The following are the objects of this Act
(a)to assist the development and operation of a terminal at Crib
Point to receive, store and distribute petroleum, whether by
pipeline or otherwise;
s. 2A
(b)for that purpose to provide for certain existing and new
easements, for the construction and operation of certain pipelines,
and for the vesting in the Port of Melbourne Authority of Crown
land used for port facilities.
S. 2Binserted by No. 6/2010 s.24(5)(Sch. 1 item 18) (as amended
by No. 45/2010 s.5).
2BTransport Integration Act 2010
This Act is transport legislation within the meaning of the
Transport Integration Act 2010.
3Act to bind Crown
This Act shall bind the Crown.
S. 4 substituted by No. 63/1994 s.5.
4Port facilities to vest in Port of Melbourne
Authority[endnoteRef:3] [3: S. 4: Section 10 of the Westernport
(Crib Point Terminal) Act 1994, No. 63/1994 reads as
follows:10Transitional provisions(1)In this sectionlisted agreement
means(a)the agreement a copy of which is set out in the Schedule to
the Principal Act as in force immediately before the commencement
of this section; or(b)the agreement a copy of which is set out in
the Schedule to the Westernport (Oil Refinery) (Further Agreement)
Act 1985 as in force immediately before the commencement of this
section; or(c)any of the following agreements made under clause
6(f) of the agreement referred to in paragraph (a)(i)the agreement
made on 24 June 1963 between BP Refinery (Westernport) Pty. Ltd.
and the then Premier of Victoria;(ii)the agreement made on
22December 1965 between BP Refinery (Westernport) Pty. Ltd. and the
then Premier of Victoria;(iii)the agreement made on 4 March 1982
between BP Refinery (Westernport) Pty. Ltd. and the then Premier of
Victoria.(2)On and from the commencement of this section a listed
agreement, and any rights or obligations under it, cease to have
effect.(3)Subsection (2) does not(a)affect the previous operation
of a listed agreement; or(b)affect a proprietary interest, right or
liability acquired or accrued or incurred under a listed agreement
before the commencement of this section; or(c)affect any waiver of
any obligation under a listed agreement; or(d)revive the
requirement under another Act to obtain consent, approval or
authority for anything done under a listed agreement, if by virtue
of the Principal Act as in force immediately before the
commencement of this section or a listed agreement it was not
necessary to obtain that consent, approval or authority at the time
when the act was done.(4)Subsection (3) does not limit the
operation of sections 4 to 6 and 6F of the Principal Act as amended
by this Act.
(5)Despite its repeal section 7 of the Principal Act continues
to apply to an easement for sewage and drainage purposes created
under that section over Crown land and existing immediately before
the commencement of this section.]
(1)Subject to subsection (2), the land shown as an access and
pipeline easement on Plan LEGL/946 lodged at the Central Plan
Office vests in fee simple in the Port of Melbourne Authority.
(2)Subsection (1) does not
(a)affect the status of any of the land shown as an access and
pipeline easement on the plan referred to in subsection (1) as a
road; or
(b)transfer any property or right in the authorised pipeline to
the Port of Melbourne Authority.
(3)In subsection (1) land includes improvements (including port
facilities) on land.
S. 5 substituted by No. 63/1994 s.5.
5Extinguishment of licence[endnoteRef:4] [4: S. 5: See Note
2.]
(1)Subject to subsection (2), on the vesting of the land
referred to in section 4(1) in the Port of Melbourne Authority, any
licence under section138 of the Land Act 1958 and referred to in
section 4(1) of the Westernport (Oil Refinery) Land Act 1990 is
extinguished.
(2)Subsection (1) does not affect any property or right in the
authorised pipeline existing immediately before the commencement of
this section.
S. 6 substituted by No. 63/1994 s.5.
6The authorised pipeline[endnoteRef:5] [5: S. 6: See Note
2.]
(1)The Pipelines Act 1967 applies and, since its commencement,
is deemed always to have applied to the authorised pipeline.
s. 5
(2)The authorised pipeline is not part of the land through which
it runs, and is personal property.
S. 6Ainserted by No. 63/1994 s.5.
6AConstruction of instruments relating to pipeline easements
(1)On the commencement of this section a reference in an
instrument listed in column 2 of an item in Schedule 2
(a)to the Westernport (Oil Refinery) Act 1963 or to the Schedule
to the said Act is deemed to be a reference to the Westernport
(Crib Point Terminal) Act 1963; and
(b)to any agreement pursuant to the Westernport (Oil Refinery)
Act 1963 is deemed to be omitted from the instrument; and
(c)to the Company (if there is no accompanying reference to its
successors or transferees) is deemed to include a reference to the
owner for the time being of the authorised pipeline.
(2)If a consent was given by BP Refinery (Westernport) Pty. Ltd.
or BP Australia Ltd under an instrument listed in column 2 of an
item in Schedule 2 and is in force immediately before the
commencement of this section, that consent has effect on and from
that commencement as if given by the Company.
(3)This section has effect despite anything to the contrary in
an instrument listed in column 2 of Schedule 2 or in the Register
under the Transfer of Land Act 1958 or in any instrument registered
under the Property Law Act 1958.
S. 6Binserted by No. 63/1994 s.5.
6BInterpretation of plans
(1)Plan LEGL94/3, referred to in Schedule 1, shows in general
terms, by solid black line, the route of the authorised pipeline,
and refers to the more particular description of that route in
Plans LEGL94/4.
s. 6B
(2)Plans LEGL94/4, referred to in Schedule 1, show in detail the
route of the authorised pipeline.
(3)On the plans referred to in subsection (2) Crown land that is
part of or adjoins the route of the authorised pipeline and
(a)is vested in the Public Transport Corporation, is coloured
red; or
(b)is reserved under the Crown Land (Reserves) Act 1978, is
coloured blue; or
(c)is a road, is coloured brown; or
(d)is land not referred to in paragraphs (a) to(c), is coloured
yellow.
S. 6Cinserted by No. 63/1994 s.5.
6CDocuments to be lodged before statutory easement created
(1)The Company may prepare a written statement specifying
(a)the rights to be given to the person for the time being
entitled to the benefit of a statutory easement; and
S. 6C(1)(b) amended by 74/2000 s.3(Sch. 1 item 144).
(b)the obligations to be imposed on the owners for the time
being of land to be burdened by a statutory easement in respect of
the easement and any pipelines within it; and
(c)the obligations of the person for the time being entitled to
the benefit of a statutory easement with respect to the use of the
easement and the protection of the land burdened by it and
compensation or indemnity for damage arising out of that use;
and
s. 6C
(d)that a statutory easement is to be created for access and
pipeline purposes over the land shown as an access and pipeline
easement on Plan LEGL/946 lodged in the Central Plan Office;
and
(e)that a statutory easement and statutory covenant for the
purposes of the authorised pipeline is to be created over
(i)the land referred to in section 6B(3); and
(ii)part of the land in the folios of the Register under the
Transfer of Land Act 1958 listed in Schedule 3 and specified in the
statement; and
(iii)any other land that is specified in the statement and is
part of or adjoins the route of the authorised pipeline, and is not
land in a folio of the Register listed in column 1 of Schedule
2.
(2)The statement
(a)must, for the purposes of subsection (1)(a), (b) and (c),
specify separately the rights and obligations relating to the
access and pipeline easement, and the rights and obligations
relating to the easement for the purposes of the authorised
pipeline; and
(b)must, in relation to the easement for the purposes of the
authorised pipeline, specify rights and obligations that correspond
as nearly as practicable to those in the instruments listed in
column 2 of Schedule 2, with any modifications necessary or
desirable because some of the land may be Crown land; and
s. 6C
(c)in specifying land under subsection (1)(e), must specify land
with a width that corresponds as nearly as practicable to the width
of the easements created by the instruments listed in column 2 of
Schedule 2, with the route of the pipeline located in the
approximate centre of the easement; and
(d)must state that the statutory easements and covenants are for
the benefit of the land in folio of the Register Volume 8519 Folio
769.
(3)The Company must lodge a copy of the statement
(a)with the Minister; and
(b)at the Central Plan Office.
(4)Production of a copy of the statement lodged under subsection
(3)(a) or (b) is conclusive proof of the existence and contents of
the original.
S. 6Dinserted by No. 63/1994 s.5.
6DPlansstatutory easement
s. 6D
(1)At any time before the making of an Order under section 6F,
the Surveyor-General may cause to be prepared and may sign
substitute plans for all or any of the plans referred to in
Schedule 1 or for any part of the land described in those plans, if
the Surveyor-General considers this necessary to correct any defect
in the boundaries or description, or for the better identification,
of the route of the authorised pipeline.
(2)A substitute plan referred to in subsection (1)
(a)may only be prepared at the request of and in consultation
with the Company; and
(b)may be based on documents supplied by the Company and
prepared at or about the time of the construction of the authorised
pipeline, without a survey being conducted.
(3)Without delay after signing a substitute plan the
Surveyor-General must
(a)lodge the plan at the Central Plan Office; and
(b)lodge a copy of the plan with the Minister.
(4)If a plan has been substituted for all or any part of the
land in a plan referred to in Schedule 1, a reference to that plan
in this Act, to the extent that it relates to the land in the
substitute plan, must be taken to be a reference to that substitute
plan.
S. 6Einserted by No. 63/1994 s.5.
6EApproval of easements and covenants
(1)On the Minister's recommendation, the Governor in Council, by
Order published in the Government Gazette, may approve a statement
lodged under section 6C.
(2)An Order under subsection (1) comes into operation on the
date of publication of the Order in the Government Gazette or on
any later day specified in the Order.
S. 6Finserted by No. 63/1994 s.5.
6FEffect of Order[endnoteRef:6] [6: S. 6F: See Note 2.]
By force of this section, on and from the specified day
(a)any easement, right or privilege for petroleum pipeline
purposes
(i)existing immediately before the specified day; and
(ii)in favour of the Company or land owned by or vested in the
Company; and
(iii)relating to the land to be burdened by a statutory
easement
is extinguished; and
(b)any restrictive covenant
s. 6F
(i)existing immediately before the specified day; and
(ii)in favour of the Company or land owned by or vested in the
Company; and
(iii)relating to an easement extinguished by paragraph (a)
is discharged; and
(c)an easement for access and pipeline purposes is created over
the land specified in the statement under section 6C(1)(d); and
(d)an easement for the purposes of the authorised pipeline is
created over the land specified in the statement under section
6C(1)(e); and
(e)the owner for the time being of the Company pipeline is
entitled to the benefit of a statutory easement; and
(f)the creation of a statutory easement gives to the person
entitled to the benefit of the easement the rights specified in
relation to that easement in the statement lodged under section 6C;
and
(g)the creation of a statutory easement imposes on the person
entitled to the benefit of the easement the obligations specified
in the statement lodged under section 6C, and the owners for the
time being of the land burdened by the easement may enforce those
obligations as if the persons so entitled had entered into an
agreement with each of those owners containing those obligations;
and
(h)the burden of any obligation on an owner of land (whether
positive or negative) specified in the statement lodged under
section 6C
(i)runs with that land; and
(ii)may be enforced against that owner or that owner's successor
in title as if that owner had agreed to be bound by it and as if it
were a restrictive covenant; and
(iii)may be enforced by the person for the time being entitled
to the benefit of the statutory easement.
S. 6Ginserted by No. 63/1994 s.5.
6GResponsibilities to cease in certain circumstances
s. 6G
(1)If a restrictive covenant discharged by section 6F is also a
term of a contract, that term ceases to have effect by force of
this section on the discharge of the covenant.
(2)Subsection (1) does not affect the previous operation of a
covenant or any right or liability resulting from that previous
operation.
S. 6Hinserted by No. 63/1994 s.5.
6HCertain rules about easements and covenants not to apply
A statutory easement and statutory covenant have effect
(a)even though they may burden land owned or occupied by a
person entitled to the benefit of the easement or covenant; and
(b)even though they may affect Crown land or land owned or
occupied by a public authority; and
(c)even though any of the land burdened by them may be reserved
Crown land, a public highway or road; and
(d)despite any other Act or rule of law to the contrary.
S. 6Iinserted by No. 63/1994 s.5.
6IWhen can the route of the authorised pipeline be changed?
The authorised route of the authorised pipeline specified in a
permit or licence under the Pipelines Act 1967 cannot be varied
under that Act unless, at the same time, as the case requires
(a)a statutory easement is varied; or
s. 6H
(b)an easement is created under another provision of this Act;
or
(c)an easement created by an instrument listed in column 2 of
Schedule 2 is varied.
S. 6Jinserted by No. 63/1994 s.5.
6JVariation of easement or covenant
(1)The person for the time being entitled to the benefit of a
statutory easement or statutory covenant may prepare an instrument
of variation of that easement or covenant.
(2)The owner for the time being of the authorised pipeline, and
the owner for the time being of any land burdened by a statutory
easement or statutory covenant may, by agreement, vary
(a)an obligation of the owner of that pipeline referred to in
section 6F; or
(b)that easement or covenant
to the extent that it relates to that land.
(3)At the request of and in consultation with the persons who
enter into an agreement under subsection (2) or prepare an
instrument under subsection (1), the Surveyor-General may cause to
be prepared and may sign any plans for the purposes of the
variation, including substitute plans for all or any part of the
land covered by the statutory easement.
(4)Those plans
s. 6J
(a)may be based on information supplied by the persons who
requested their preparation, without a survey being conducted;
and
(b)must be lodged by the Surveyor-General at the Central Plan
Office.
(5)A statutory easement or statutory covenant must not be varied
under this section so that it burdens other land unless
(a)the variation occurs in conjunction with a change (in
accordance with the Pipelines Act 1967) in the authorised route of
the authorised pipeline and the variation
(i)is made with the agreement of the owners of the land
affected; or
(ii)is authorised by an Act other than this Act; or
(b)the instrument of variation states that the variation is made
to correct
(i)an error or omission; or
(ii)a defect found on survey; or
(iii)a discrepancy between the actual route of the authorised
pipeline and the route of the authorised pipeline shown on the
plans referred to in Schedule 1.
(6)The persons who enter into an agreement or prepare an
instrument under this section must lodge a copy of it with the
Minister and at the Central Plan Office.
s. 6J
(7)An instrument under subsection (1) or an agreement under
subsection (2) has no effect unless and until a copy is lodged at
the Central Plan Office under this section.
(8)The production of a copy of an agreement or instrument lodged
under subsection (6) is conclusive proof of the existence and
contents of the original.
(9)Despite anything to the contrary in any other Act or law, a
statutory easement or a statutory covenant created by this Act
cannot be varied except in accordance with this section.
(10)In relation to Crown land burdened by a statutory easement
or statutory covenant the Minister, on behalf of the Crown, may
exercise any power conferred by this section on a land owner.
S. 6Kinserted by No. 63/1994 s.5.
6KOther easements and rights not affected
(1)Subject to section 6F(a) and (b), the creation or variation
of a statutory easement or a statutory covenant does not affect
s. 6K
(a)any other easement, right, privilege, interest, encumbrance
or obligation (however created) existing over the land burdened by
the easement or covenant; or
(b)the use of the land burdened by that easement or covenant in
a way that is consistent with the easement or covenant; or
(c)the creation of any other easement, right, privilege,
interest, encumbrance or obligation over the land burdened by the
easement and covenant, if that creation is authorised by law.
(2)If immediately before the specified day there existed between
the Company and an owner of land which, on and from that day, is to
be land burdened by a statutory easement, a written agreement about
access to that land by the Company or the use of that land by the
owner, that agreement
(a)is not extinguished by this Act; and
(b)has effect as if made in relation to the statutory
easement.
(3)If immediately before the specified day there existed between
the Company and another person a written agreement relating to land
which, on and from that day, is to be burdened by a statutory
easement and providing for the use of any of that land or of the
authorised pipeline, that agreement
(a)is not extinguished by this Act; and
(b)has effect as if made in relation to the statutory
easement.
S. 6Linserted by No. 63/1994 s.5.
6LAmendment of records relating to title
s. 6L
S. 6L(1) amended by 85/1998 s.24(Sch item68.1).
(1)On being requested to do so by the person for the time being
entitled to the benefit of an easement created by an instrument
listed in column 2 of Schedule 2 or by the registered proprietor or
owner of an estate in fee simple (as the case requires) in the land
burdened by the easement, the Registrar of Titles must make any
amendments to the Register kept under the Transfer of Land Act 1958
that are necessary because of the operation of section 6A.
S. 6L(2) amended by 85/1998 s.24(Sch item 68.2).
(2)On being requested to do so by a person for the time being
entitled to the benefit of a statutory easement or statutory
covenant or by the registered proprietor of land burdened by a
statutory easement or statutory covenant, the Registrar of Titles
must record in the Register under the Transfer of Land Act 1958
that the land is subject to an easement and covenant created by
this Act or that the statutory easement or statutory covenant is
varied, as the case requires, and must also make any other
amendments to the Register that are necessary because of the
operation of this Act.
(3)The request under subsection (2) must
(a)specify the reference numbers given at the Central Plan
Office to the plans, statements, instruments or agreements relevant
to the request; and
S. 6L(3)(b) amended by 85/1998 s.24(Sch item68.3).
(b)in the case of land under the Transfer of Land Act 1958,
specify the folios of the Register to which the request relates;
and
(c)specify the amendments to the Register that the Registrar is
requested to make.
(4)A recording in the Register authorised by this section may be
made without the production of any relevant consent (including the
consent of any caveator) or certificate of title and without
requiring a plan of survey, or production of any other instrument,
or the giving of any other notice.
S. 6L(5)(6) repealed by 85/1998 s.24(Sch item68.4).
*****
S. 6Minserted by No. 63/1994 s.5.
6MEasement and covenant not breach of agreement
s. 6M
The extinguishment by this Act of an easement, right, privilege
or covenant, the creation or variation by this Act of a statutory
easement or statutory covenant, and the exercise of rights
attaching to a statutory easement created by this Act do not
constitute a breach of any agreement, arrangement or understanding
existing immediately before the specified day in relation to an
Order under section 6F between a person entitled to the benefit of
the easement, right, privilege or covenant so extinguished or
created and a person whose land is burdened by it.
Ss 7, 8 repealed by No. 63/1994 s.6.[endnoteRef:7] [7: S. 7
(repealed): See Note 2.]
*****
No. 5507 s.32.
S. 9amended by No. 121/1986 s.112, repealed by No. 63/1994
s.6.
*****
S. 10 amended by No. 18/1989 s.13(Sch. 2 item 104(a)(c)),
repealedby No. 63/1994 s.6.
*****
11Power to open and break up streets etc. and temporarily stop
traffic
(1)Subject to and for the purposes of this Act, the Company and
all persons authorized by it may
s. 11
(a)open and break up the soil and pavement of any public or
private street road or bridge; and
(b)temporarily stop the traffic on any such street road or
bridge.
(2)The Company shall not (except in cases of emergency) open or
break up any street road or bridge or stop any traffic thereon
without giving at least three days' notice in writing to the local
authority or person having the control or management thereof.
(3)When the Company has opened or broken up any street road or
bridge the Company shall
(a)with all convenient speed and to the satisfaction of the
local authority or person aforesaid restore the portion so opened
or broken up to as good condition as before it was opened or broken
up and remove all surplus material;
(b)cause the place where the street road or bridge is broken up
to be fenced and to the properly lighted and guarded during the
night so as to prevent accidents; and
(c)bear or pay all reasonable expenses of the repair of the
street road or bridge for six months after the same is restored so
far as those expenses have been increased by such opening or
breaking up.
12Company liable for damage
s. 12
In the exercise of the foregoing powers the Company shall do as
little damage as may be and shall, if so required within two years
from the exercise of such powers, make full compensation to the
owner of and all parties interested in any land for any damage
sustained by them in consequence of the exercise of such powers,
and such compensation shall be either a gross sum or a yearly rent
as may be agreed, and in default of agreement shall be determined
in manner provided in the Lands Compensation Act 1958.
13Public statutory corporations to co-operate with the
Company
Where any public statutory corporation has power to construct
pipelines water mains gas mains or other similar structures and to
purchase or compulsorily acquire land for that purpose any such
corporation may, with the consent of the Governor in Council, enter
into an agreement with the Company which provides for the
co-operation between the public statutory corporation and the
Company in the construction of pipelines water mains gas mains or
other similar structures required for their respective purposes and
the parties to any such agreement are hereby authorized to do all
things necessary or expedient or to carry out any such
agreement.
14Crown not liable to make compensation
Except where otherwise expressly provided no public statutory
corporation and no person or body of persons corporate or
unincorporate shall be entitled to receive or shall receive from
the Crown any money or compensation or consideration in respect of
or in any manner arising out of the passing or operation of this
Act or any act matter or thing done thereunder.
S. 15inserted by No. 63/1994 s.7.
15No compensation payable in certain circumstances
s. 14
No compensation is payable by the Crown or the Company in
respect of the extinguishment, creation or variation by this Act of
an interest, right, privilege or obligation over land.
S. 16inserted by No. 63/1994 s.7.
16Supreme CourtLimitation of jurisdiction
It is the intention of this section to alter or vary section 85
of the Constitution Act 1975 to the extent necessary to prevent the
Supreme Court entertaining actions for compensation in
circumstances in which no compensation is payable by virtue of
section 15.
__________________
SCHEDULES
Sch. substituted as Sch. 1 by No.63/1994 s.8.
SCHEDULE 1[endnoteRef:8] [8: Sch. 1: See Note 2.]
Route of authorised pipeline
Sch. 1
Plan LEGL94/3
Plans LEGL94/4
lodged at the Central Plan Office.
_______________
Sch. 2 inserted by No. 63/1994 s.8.
SCHEDULE 2
Authorised pipeline easements
Sch. 2
Part 1Land Under Transfer of Land Act 1958
Item
Column 1
Burdened Land(Volume Folio)
Column 2
Instrument No.
1.
V8659 F630
E483017
2.
V5211 F122
D119016
3.
V7287 F387
D119016
4.
V6630 F844
D119016
5.
V8641 F080
D119016
6.
V7185 F835
D119016
7.
V7146 F094
D119016
8.
V9943 F264
E450671
9.
V9944 F537
E450671
10.
V8727 F190
C490752
11.
V8579 F314
D119016
12.
V7203 F410
D119016
13.
V3914 F771
D119016
14.
V8582 F087
D119016
15.
V9453 F481
C867973
16.
V9585 F153
C867973
17.
V8681 F655
C508927
18.
V8898 F152
C867974
C882676
19.
V9166 F516
C707311
20.
V9526 F830
C707311
21.
V8769 F626
C654807
22.
V9774 F919
C298011
23.
V9687 F191
C298011
24.
V8912 F399
C257059
25.
V9970 F475
C737096
26.
V9875 F567
Mem 326 Bk 695
27.
V9580 F144
C270928
28.
V8644 F995
C508922
29.
V8948 F757
C508922
30.
V9132 F609
C508923
31.
V9452 F856
C340348
32.
V8912 F991
C219321
33.
V7613 F104
C374947
Item
Column 1
Burdened Land(Volume Folio)
Column 2
Instrument No.
34.
V9210 F501
C465992
35.
V9350 F633
C245184
36.
V9361 F835
C688221
37.
V4139 F606
C688221
38.
V8607 F390
C315251
39.
V8966 F837
C480544
40.
V8451 F710
C306810
41.
V8632 F481
C556614
42.
V8370 F806
C726757
Sch. 2
43.
V6889 F759
F361006
44.
V6889 F761
C230250
45.
V9870 F965
C275585
46.
V9869 F880
C359922
C597034
47.
V8753 F997
C219320
38.
V9532 F005
C224148
49.
V9689 F262
C465993
50.
V9689 F263
C465993
51.
V9662 F628
C622811
52.
V9662 F629
C622811
53.
V9663 F630
C622811
54.
V9606 F866
C327826
55.
V9606 F865
C327826
56.
V9776 F587
C490751
57.
V9776 F588
C490751
58.
V10065 F842
C490751
59.
V9114 F879
C490751
60.
V9584 F966
C490751
61.
V9827 F155
C490751
62.
V9578 F235
C490751
63.
V9541 F766
C490751
64.
V9560 F740
C490751
65.
V9560 F741
C490751
66.
V8726 F586
C490751
67.
V8629 F583
C490751
68.
V9673 F189
C543437
69.
V9851 F319
C788347
70.
V9851 F320
C788347
71.
V9851 F321
C788347
72.
V9851 F322
C788347
73.
V8396 F796
C967012
D689537
74.
V8074 F642
C306811
Item
Column 1
Burdened Land(Volume Folio)
Column 2
Instrument No.
75.
V4851 F162
C769726
76.
V9580 F194
C386713
77.
V6558 F402
C374948
78.
V6993 F563
C414109
79.
V6477 F254
C233452
80.
V6037 F319
C251234
81.
V9349 F756
C219323
82.
V8803 F336
C219322
83.
V10108 F032
C231498
84.
V8631 F323
C490753
85.
V9363 F120
C508925
86.
V8262 F967
C490750
87.
V9293 F306
D85621
88.
V8610 F360
C571005
Sch. 2
89.
V8715 F906
C300836
90.
V8715 F905
C252958
91.
V10132 F938
C315282
C565069
92.
V6598 F440
C590646
93.
V9942 F922
C536559
94.
V9942 F923
C536559
95.
V8981 F480
C534679
96.
V8718 F035
E254011
Part 2Land Registered Under Part 1 of the Property Law
Act1958
Item
Column 1Burdened Land(Volume Folio)
Column 2
Instrument No.
1.
M572 B663
M199 B689
2.
M289 B479
M359 B690
_______________
Sch. 3 inserted by No. 63/1994 s.8.
SCHEDULE 3
Freehold land to be burdened by the statutory easement
Folios of the Register under the Transfer of Land Act 1958
Sch. 3
Volume 2008 Folio 446
Volume 1983 Folio 597
Volume 1974 Folio 744
Volume 9886 Folio 448
Volume 9886 Folio 446
Volume 9655 Folio 387
Volume 6889 Folio 759
Volume 9645 Folio 772
Volume 9655 Folio 388
Volume 9655 Folio 387
Volume 6350 Folio 915
ENDNOTES
1. General Information
Endnotes
The Westernport (Oil Refinery) Act 1963 was assented to on 28May
1963 and came into operation on 12 June 1963: Government Gazette 12
June 1963 page 1789.
The title of this Act was changed from the Westernport (Oil
Refinery) Act 1963 to the Westernport (Crib Point Terminal) Act
1963 by section 11(1) of the Westernport (Crib Point Terminal) Act
1994, No. 63/1994.
2. Table of Amendments
Endnotes
This Version incorporates amendments made to the Westernport
(Crib Point Terminal) Act 1963 by Acts and subordinate
instruments.
Land Acquisition and Compensation Act 1986, No. 121/1986
Assent Date:
23.12.86
Commencement Date:
29.11.87: Government Gazette 25.11.87 p. 3224
Current State:
All of Act in operation
Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date:
16.5.89
Commencement Date:
3.2.92: Government Gazette 18.12.91 p. 3488
Current State:
All of Act in operation
Westernport (Crib Point Terminal) Act 1994, No. 63/1994
Assent Date:
15.6.94
Commencement Date:
15.6.94
Current State:
All of Act in operation
Transfer of Land (Single Register) Act 1998, No. 85/1998
Assent Date:
17.11.98
Commencement Date:
S. 24(Sch. item 68) on 1.1.99: s. 2(3)
Current State:
This information relates only to the provision/s amending the
Westernport (Crib Point Terminal) Act 1963
Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S.3(Sch. 1 item 144) on 22.11.00: s. 2(1)
Current State:
This information relates only to the provision/s amending the
Westernport (Crib Point Terminal) Act 1963
Transport Integration Act 2010, No.6/2010 (as amended by No.
45/2010)
Assent Date:
2.3.10
Commencement Date:
S.24(5)(Sch.1 item18) on 1.7.10: Special Gazette (No.256)
30.6.10 p. 1
Current State:
This information relates only to the provision/s amending the
Westernport (Crib Point Terminal) Act 1963
3. Explanatory Details
Endnotes