{"id":"british-imperial-oil-company-limited-private-act-1925","name":"British Imperial Oil Company, Limited (Private) Act 1925","slug":"british-imperial-oil-company-limited-private-act-1925","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30112,"registerId":"wa-british-imperial-oil-company-limited-private-act-1925-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"British Imperial Oil Company, Limited (Private) Act 1925","content":"![Crest]()Western Australia\n\nBritish Imperial Oil Company, Limited (Private) Act 1925\n\nWestern Australia\n\nBritish Imperial Oil Company, Limited (Private) Act 1925\n\nContents\n\n1. Short title 2\n\n2. Interpretation 2\n\n3. Limits of the Act 3\n\n4. Power to construct works 3\n\n5. Notice to be served and plan deposited before breaking up streets, etc. 4\n\n6. Streets, etc., broken up to be reinstated without delay 5\n\n7. Penalty for breaking up without notice or delay in reinstating 5\n\n8. In cases of delay other parties may reinstate and recover expenses 6\n\n9. Company to make compensation for any damage 6\n\n10. Power to local authority to alter situation of pipes, etc. 6\n\n11. Penalties 7\n\n12. Damages for accidentally damaging works, etc. 8\n\n13. Court in which proceedings to be taken 8\n\n14. Payment in lieu of rates, etc. 8\n\n15. Act to be deemed a public Act 9\n\n16. Deposit 9\n\n17. Voidance of Act on default of commencement of works 9\n\nNotes\n\nCompilation table 10\n\nDefined terms\n\n  \n\nWestern Australia\n\nBritish Imperial Oil Company, Limited (Private) Act 1925\n\nAn Act to grant to the British Imperial Oil Company, Limited, powers and provisions for the storage and supply of oil, liquid fuel, petroleum spirits, kerosene and petroleum products, and for other purposes.\n\nPreamble\n\nWhereas the construction of reservoirs and works as hereinafter provided, and the storage, supply and distribution therein, therefrom, and thereby of oil, liquid fuel, petroleum spirits, kerosene and petroleum products within the area hereinafter defined would be of public and local advantage: And whereas The British Imperial Oil Company, Limited, duly formed and registered as a limited company under the Companies Acts in England, is seized and possessed of or entitled to use and possession of North Fremantle Town Lots 39, 40, 41, 43, 46, part of Lots 45, 47 and 176, and may hereafter acquire other lands within the limits hereinafter mentioned, and is willing and proposes at its own expense to construct and erect thereon the necessary storage tanks, reservoirs, and works for the storage, supply, and distribution of oil, liquid fuel, petroleum spirits, kerosene and petroleum products: And whereas it is desirable and expedient to grant to and confer upon the said company the powers, rights, and privileges hereinafter appearing:\n\nBe it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: —\n\n##### 1. Short title\n\nThis Act may be cited as the *British Imperial Oil Company, Limited (Private) Act 1925* 1.\n\n##### 2. Interpretation\n\nIn this Act, unless the context otherwise requires —\n\n  Company means the British Imperial Oil Company, Limited, and shall include its assigns:\n\n  Undertaking means the storage, supply, and distribution of oil, liquid fuel, petroleum spirit, kerosene and petroleum products within the limits herein mentioned, and the making and constructing of all works connected therewith, and all other works authorised by this Act, and the doing of all things necessary or convenient therefor, subject to the provisions of this Act:\n\n  Crown lands includes land vested in the Minister for Lands 2 or any other Minister or person on behalf of the Crown:\n\n  Street includes any street, highway, land, public road, thoroughfare, passage, footpath, pavement, or place within the area hereinafter defined:\n\n  Railway has the meaning defined by the *Government Railways Act 1904*:\n\n  Wharf includes any wharf, dock, quay, jetty, landing stage, or other landing place and approaches thereto:\n\n  Works means all buildings, erections, storage tanks, reservoirs, works, plant, machinery, apparatus, pipes, mains, connections, and all other works connected with and incidental to the undertaking, or by this Act or in any other way authorised to be constructed or undertaken by the company:\n\n  Local authority means within their respective jurisdictions the Mayor and Councillors of the Municipality of North Fremantle 3, the Public Transport Authority of Western Australia, and the Fremantle Port Authority 4.\n\n[Section 2 amended: No. 31 of 2003 s. 144(2).]\n\n##### 3. Limits of the Act\n\nThe limits of this Act shall extend to and include the area within the boundaries of the Municipality of North Fremantle 3, and also so much of the area of the lands and property vested in the Fremantle Port Authority as is contained within the inner harbour in the description of the Port of Fremantle under the *Port Authorities Act 1999*, or which may hereafter be vested in, acquired, or held by, or may be placed or be in the custody, possession, or control of, or over which the Fremantle Port Authority may exercise authority or dominion, and also so much of the area of any Crown lands or lands that belong to, or are under the care, control, or management of, the Public Transport Authority of Western Australia as adjoins or abuts on the lands and property of the Fremantle Port Authority above described, or lies between the same lands and property and the boundaries of the Municipality of North Fremantle 3.\n\n[Section 3 amended: No. 5 of 1999 s. 21; No. 31 of 2003 s. 144(3); No. 74 of 2003 s. 30.]\n\n##### 4. Power to construct works\n\nSubject to the provisions and within the limits of this Act, the company may —\n\n(a) erect, construct, lay down, establish, and fix all necessary works, and do and perform all such other acts and things as may be thought necessary for storing, supplying, and distributing oil, liquid fuel, petroleum spirits, kerosene and petroleum products in or under any street, or in or under any Crown lands, or in or under any railway or wharf;\n\n(b) open, break up, and interfere with any Crown lands, street, railway, or wharf, and any sewer, water pipe, drain, or tunnel within or under any Crown lands, street, railway, or wharf, and may lay down and place in, on, or under any Crown lands, street, railway, or wharf, mains, conduits, service pipes, and other works for the supply and distribution of oil, liquid fuel, petroleum spirits, kerosene and petroleum products, and also may from time to time repair, alter, or remove the same, and for the purposes aforesaid may remove or use all earth and material in or under such Crown lands, street, railway, or wharf;\n\nProvided that the power to open, break up, or interfere with any Crown lands, railway or wharf shall not be exercised without the consent of the Minister 5 administering the Land Acts or the *Government Railways Act 1904*, or the *Port Authorities Act 1999*, respectively, subject to such conditions as the Minister 5 may deem expedient:\n\nProvided, also, that all plans and specifications for the construction of the necessary works for storing and supplying or distributing in or under any street shall first be submitted to and approved of by the Minister for Works 6.\n\n[Section 4 amended: No. 5 of 1999 s. 21.]\n\n##### 5. Notice to be served and plan deposited before breaking up streets, etc.\n\nBefore the company proceeds to open, break up, or interfere with any Crown lands, street, railway, or wharf, sewer, water pipe, drain, or tunnel it shall give to the Minister or to the local authority concerned notice in writing of its intention so to do not less than 3 clear days before commencing such work, and shall at the same time deposit with the Minister or local authority a plan setting forth the extent to, and the manner in which, it proposes to carry out such work, and the time at which it is intended to commence the same, and (except as hereinafter provided) no Crown lands, street, railway, or wharf, sewer, water pipe, drain, or tunnel shall be opened, broken up, or interfered with unless under the superintendence of the Minister or local authority, and in accordance with the plan deposited as aforesaid:\n\nProvided always that if no officer appointed by the Minister or local authority attends at the time fixed in such notice and remains during the opening, breaking up, or interference with any street, railway, or wharf, sewer, water pipe, drain, or tunnel, the company may perform the work specified in such notice and set out in such plan without such superintendence:\n\nProvided, further, that in cases of emergency arising from accidents to or defects in the works necessitating the opening, breaking up of or interference with any street, railway, or wharf, sewer, water pipe, drain, or tunnel, such accidents or defects may be repaired without previous notice and without the deposit of any plan, but such notice shall be given and such plan shall be deposited as soon as possible after the commencement of the work or the necessity for the same has arisen.\n\n##### 6. Streets, etc., broken up to be reinstated without delay\n\nWhenever the company opens, breaks up, or interferes with any Crown lands, street, railway, or wharf, sewer, water pipe, drain, or tunnel, it shall with all convenient speed complete the work and fill in the ground and reinstate and make good the same to the satisfaction of the Minister or local authority, and carry away all rubbish occasioned by the work, and whilst any street, railway, or wharf shall be opened, broken up, or interfered with, the company shall cause the same to be properly guarded and sufficiently lighted for the warning of the public and shall, when and as required by the Minister or the local authority, keep so much of any street, railway, or wharf as has been opened, broken up, or interfered with in good repair for 6 months after replacing and making good the same.\n\n##### 7. Penalty for breaking up without notice or delay in reinstating\n\nIf the company commits, permits, or suffers any act, delay, neglect, or omission contrary to the provisions of sections 5 and 6, it shall be guilty of an offence against this Act, and be liable to a penalty not exceeding $100 for every such offence, and an additional penalty of $4 for each day during which any such neglect, omission, or delay shall continue after notice thereof by the Minister or local authority:\n\nProvided that nothing in this section contained shall relieve the company from liability in respect of the right of action or remedy of any person for any act, delay, neglect, or omission on the part of the company contrary to the provisions of sections 5 and 6.\n\n[Section 7 amended: No. 113 of 1965 s. 8(1).]\n\n##### 8. In cases of delay other parties may reinstate and recover expenses\n\nIf any such delay, neglect, or omission as aforesaid take place, the Minister or local authority may cause the work so delayed, neglected, or omitted, to be executed and performed, and all expenses so incurred shall be repaid to such Minister or local authority by the company:\n\nProvided that nothing in this section contained shall render it compulsory for the Minister or local authority to execute or perform any such work, or render it liable for delay, neglect, or failure so to do.\n\n##### 9. Company to make compensation for any damage\n\nThe company shall do as little damage as may be in the execution of the powers conferred by this Act, and shall make compensation for any damage which may be done in the execution of such powers.\n\n##### 10. Power to local authority to alter situation of pipes, etc.\n\nIf at any time the Minister or the local authority deems fit, necessary, or expedient to require the company to raise, sink, or otherwise alter the situation of any works which shall have been erected, constructed, laid down, or fixed contrary to any of the provisions of this Act, or in breach of any condition imposed by the Minister as provided in section 4, or for any other reason, then the company shall, within a reasonable time after being required so to do by notice in writing, raise, sink, or otherwise alter the situation of such works accordingly, and in default it shall be lawful for the Minister or the local authority to cause such works to be so raised, sunk, or the situation thereof otherwise altered, and the expenses thereof shall, if rendered necessary by reason of a breach by the company of any of the provisions of this Act or of any such condition as aforesaid or any other default of the company, be borne and paid by the company and shall, in any other case, be borne and paid by the Minister or the local authority:\n\nProvided that if, in raising, sinking, or otherwise altering the situation of any of the works for any reason other than a breach by the company of any of the provisions of this Act, any injury shall be done to the same by any person employed by the local authority, compensation shall be made by the local authority to the company for such injury.\n\n##### 11. Penalties\n\nAny person who —\n\n(a) lays or causes to be laid any pipe to connect with any pipe belonging to the company without the consent of the company first had and obtained for that purpose; or\n\n(b) wilfully or by negligence removes, destroys, or damages any part of the works or other property of the company; or\n\n(c) alters the index to any meter or other recording or measuring apparatus for registering the quantity of oil, liquid fuel, petroleum spirits, kerosene or petroleum products supplied; or\n\n(d) erects or keeps erected any apparatus or fitting whereby oil, liquid fuel, petroleum spirits, kerosene or petroleum products may be obtained from any part of the works of the company without the consent in writing of the company first had and obtained for that purpose,\n\nshall be guilty of an offence against this Act, and shall, without prejudice to any other right or remedy of the company to recover damages, be liable to a penalty not exceeding $10 for every such offence.\n\n[Section 11 amended: No. 113 of 1965 s. 8(1).]\n\n##### 12. Damages for accidentally damaging works, etc.\n\nEvery person who unlawfully or wrongfully breaks, throws down, or damages any of the works the property of the company or under its control, shall pay to the company full compensation for such damage, which compensation may be recovered by the company in any court of competent jurisdiction.\n\n##### 13. Court in which proceedings to be taken\n\nAll penalties in respect of offences under this Act may be recovered in a court of summary jurisdiction.\n\n##### 14. Payment in lieu of rates, etc.\n\nThe mains, conduits and service pipes of the company in, on, or under any Crown lands, street, railway, or wharf shall be deemed to be rateable land, but in lieu of the provisions of the *Municipal Corporations Act 1906* 7, relating to the valuation of land and the making of rates in respect thereof, the company shall pay to the Council in each and every year of the company’s operations subsequent to the date on which it shall commence to construct its works and undertakings, a sum of $70.\n\nThe amount to be paid by the company under this section shall be paid by half‑yearly payments, the first of which shall be made on the expiration of 6 months from the date on which the company shall commence to construct its works and undertakings, and shall be in full satisfaction and discharge of all rates and rents, if any, payable to the council in respect of such mains, conduits and service pipes in, on, or under any Crown lands, street, railway, or wharf as aforesaid or the easement or rights conferred by this Act with regard to such mains, conduits and service pipes.\n\nIn this section Council means the Mayor and Councillors of the Municipality of North Fremantle 3.\n\n[Section 14 amended: No. 113 of 1965 s. 8(1).]\n\n##### 15. Act to be deemed a public Act\n\nThis Act shall be deemed and taken to be a public Act, and shall be judicially taken notice of as such by all judges, justices, and others within the said State of Western Australia, without being specially pleaded.\n\n##### 16. Deposit\n\nThe money deposited by the company with the Treasurer, in accordance with the Joint Standing Orders relating to Private Bills, shall be held by the Treasurer until completion of the work aforesaid, and thereupon be returned to the company.\n\n##### 17. Voidance of Act on default of commencement of works\n\nIf the company shall not commence before 1 January 1928, any of the works authorised to be constructed or undertaken by the company, this Act shall cease and determine.\n\nNotes\n\n1 This is a compilation of the *British Imperial Oil Company, Limited (Private) Act 1925* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *British Imperial Oil Company, Limited (Private) Act 1925* | 16 Geo. V   Private Act | 31 Dec 1925 | 31 Dec 1925 |\n| *Decimal Currency    Act 1965* | 113 of 1965 | 21 Dec 1965 | s. 4-9: 14 Feb 1966 (see s. 2(2));    Act other than s. 4-9: 21 Dec 1965 (see s. 2(1)) |\n| *Port Authorities (Consequential Provisions) Act 1999* s. 21 | 5 of 1999 | 13 Apr 1999 | 14 Aug 1999 (see s. 2 and *Gazette* 13 Aug 1999 p. 3823) |\n| *Public Transport Authority Act 2003* s. 144 | 31 of 2003 | 26 May 2003 | 1 Jul 2003 (see s. 2(1) and *Gazette* 27 Jun 2003 p. 2384) |\n| *Statutes (Repeals and Minor Amendments) Act 2003* s. 30 | 74 of 2003 | 15 Dec 2003 | 15 Dec 2003 (see s. 2) |\n| **Reprint 1: The *British Imperial Oil Company, Limited (Private) Act 1925* as at 2 Apr 2004** (includes amendments listed above) | | | |\n\n\n2 At the date this compilation was prepared the title of the Minister responsible for land administration was the Minister for Planning and Infrastructure.\n\n3 Under the *Local Government Act 1995* Sch. 9.3 cl. 3(2) a reference to a municipality may, where the context so requires, be read as if it had been amended to include or be a reference to a local government under that Act.\n\n4 Formerly referred to the “Fremantle Harbour Trust Commissioners” the name of which was changed to the “Fremantle Port Authority” by the *Fremantle Harbour Trust Act Amendment Act 1964*. The Fremantle Port Authority continues under the *Port Authorities Act 1999*. The reference was changed under the *Reprints Act 1984* s. 7(5)(a).\n\n5 As at the date this compilation was prepared the title of the Minister administering these Acts was the Minister for Planning and Infrastructure.\n\n6 At the date this compilation was prepared, the former Minister for Works was known as the Minister for Housing and Works.\n\n7 Repealed by the *Local Government Act 1960*, the short title of which was changed to the *Local Government (Miscellaneous Provisions) Act 1960* by the *Local Government Act 1995*, s. 9.70.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nCompany 2\n\nCrown lands 2\n\nLocal authority 2\n\nRailway 2\n\nStreet 2\n\nUndertaking 2\n\nWharf 2\n\nWorks 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The original geographic and administrative scope has been expanded in later amendments. Section 3 now expressly includes lands and property vested in the Fremantle Port Authority (inner harbour) and adjoining Crown or Public Transport Authority lands, and section 2's definition of \"local authority\" was amended to include the Public Transport Authority and the Fremantle Port Authority (see s.3; s.2 and compilation notes showing amendments: No. 5 of 1999 s.21; No. 31 of 2003 s.144(2) and s.144(3); No. 74 of 2003 s.30). These changes broaden the bodies that decide approvals and the areas in which the company may operate."},"complexity_factors":["Cross‑references to other statutes (Government Railways Act 1904; Port Authorities Act 1999; Municipal Corporations Act 1906) require reading-in of external definitions and powers (see ss.2, 3 and notes).","Administrative discretion: ministers and local authorities approve plans, supervise work, and may require alteration or removal of works (ss.4, 5, 6, 10).","Procedural compliance burden: notice, plan deposit, supervision, reinstatement obligations and time limits for works create multiple procedural steps for the company (ss.5–6, 17).","Mixed remedies and enforcement: criminal penalties, daily fines, civil damages and the ability of authorities to carry out work and recover costs produce overlapping enforcement mechanisms (ss.7–9, 11–13).","Financial obligation peculiarities: a fixed annual $70 payment in lieu of rates (s.14) is a specific, dated monetary term that interacts with valuation law.","Amendments and historical provisions: later amendments change defined authorities and geographic scope; a commencement/voidance clause (s.17) fixes a historical deadline, complicating present applicability.","Defined terms centralise meaning (s.2) but require cross‑checking (e.g. 'local authority', 'works', 'undertaking'), increasing interpretive work."],"plain_english_summary":"This Act authorises the British Imperial Oil Company Ltd to build, operate and maintain oil storage tanks, pipes and related works within North Fremantle and adjoining port, rail and Crown lands, including opening streets, wharfs and railways, subject to notice, plan approval and minister or local‑authority supervision. \n\nIt makes the company pay for reinstatement and damages, prescribes penalties, requires an annual $70 payment in lieu of rates, and lets ministers or local authorities require alterations or removal of works; it affects the company, local authorities and users."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1925 Act was narrowly focused on granting specific infrastructure powers to one company for a defined project. However, the scope has evolved through amendments: (1) Institutional successors—references to 'Fremantle Harbour Trust Commissioners' and 'Municipality of North Fremantle' have been updated to modern entities (Fremantle Port Authority, Public Transport Authority), suggesting the Act continues to bind successor organisations; (2) Temporal extension—the original Act had a sunset clause requiring works to commence by 1 January 1928, but the Act remains in force nearly a century later, effectively becoming permanent rather than temporary; (3) Rate payment mechanism—the $70 annual payment (originally £35) has been preserved despite inflation, creating an anachronistic arrangement. The Act now functions less as a project-specific authorisation and more as ongoing statutory privilege for what is likely a corporate successor entity."},"complexity_factors":["Short statute (17 sections, approximately 8 pages)","Only 8 defined terms in the interpretation section","Minimal cross-referencing—primarily references to external Acts (Government Railways Act 1904, Port Authorities Act 1999) for definitions","Simple conditional structure with basic provisos (\"Provided that...\") rather than nested exceptions","Straightforward penalty structure with fixed monetary amounts (though updated for decimal currency in 1965)","Clear geographical limitation (North Fremantle and Fremantle Port inner harbour)","Single subject matter focus (oil storage and distribution infrastructure)","No delegated legislation or regulation-making powers"],"plain_english_summary":"This is a 1925 Western Australian law that gives a specific company—British Imperial Oil Company, Limited—special powers to build and operate oil storage facilities and pipelines in North Fremantle and the Fremantle Port area.\n\n**What it does:**\n- Allows the company to construct storage tanks, reservoirs, and pipelines for oil and petroleum products on its land and under public streets, railways, and wharves\n- Lets the company dig up roads and public land to lay pipes, provided they give 3 days' notice and follow approved plans\n- Requires the company to repair any damage caused and compensate affected parties\n- Sets penalties (up to $100) for breaking rules about notice periods or delays in repairing roads\n- Makes it a crime for unauthorised people to connect to company pipes, damage equipment, or tamper with meters\n- Replaces normal council rates with a fixed annual payment of $70\n\n**Who it affects:**\n- The British Imperial Oil Company (now likely part of a larger corporate group through mergers/acquisitions)\n- Local residents and businesses in North Fremantle whose streets may be dug up\n- The Fremantle Port Authority and Public Transport Authority (which control land the pipes cross)\n- The local council (which receives the fixed payment instead of variable rates)\n\n**Why it matters:**\nThis is a \"private Act\"—legislation written specifically for one company rather than applying to everyone equally. It was common in the early 20th century for infrastructure projects. The Act is still technically in force (though amended over time), meaning this century-old company retains special statutory powers to operate in Fremantle that other businesses don't have. It shows how historical corporate privileges can persist long after the original commercial landscape has changed."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the full text of the legislation is unavailable. No determination can be made about whether the Act's application changed from its original intent over time."},"complexity_factors":["The actual text of the legislation is inaccessible, making substantive analysis impossible","Private Acts from this era can involve complex corporate and property law arrangements","Historical legislation may reference now-obsolete legal frameworks, companies, or land descriptions","Without the text, it is unknown how many schedules, clauses, or cross-references the Act contains"],"plain_english_summary":"## British Imperial Oil Company, Limited (Private) Act 1925\n\n**The content of this legislation is unavailable.** The Western Australian government's website no longer hosts this page, and the full text of this Act could not be retrieved.\n\n**What we do know:**\n- This is a **Western Australian private Act** from **1925** — meaning it was legislation passed specifically to benefit or regulate a single named company (British Imperial Oil Company, Limited), rather than applying to the general public.\n- Private Acts of this era typically granted a specific company special rights, powers, or exemptions — for example, the right to own land, operate infrastructure, or conduct business in ways not otherwise permitted under general law.\n- Given the name and era, this likely related to **oil exploration, extraction, or distribution** activities in Western Australia during the early 20th century.\n\n**Why it may still matter:** Older private Acts occasionally remain on the statute books and can still have legal effect, particularly regarding land rights or corporate structures. However, Acts this old are frequently repealed or superseded."}},"importantCases":[],"_links":{"self":"/api/acts/british-imperial-oil-company-limited-private-act-1925","history":"/api/acts/british-imperial-oil-company-limited-private-act-1925/history","analysis":"/api/acts/british-imperial-oil-company-limited-private-act-1925/analysis","conflicts":"/api/acts/british-imperial-oil-company-limited-private-act-1925/conflicts","importantCases":"/api/acts/british-imperial-oil-company-limited-private-act-1925/important-cases","documents":"/api/acts/british-imperial-oil-company-limited-private-act-1925/documents"}}