{"id":"oil-refinery-hundred-of-noarlunga-indenture-act-1958","name":"Oil Refinery (Hundred of Noarlunga) Indenture Act 1958","slug":"oil-refinery-hundred-of-noarlunga-indenture-act-1958","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106180,"registerId":"sa-oil-refinery-hundred-of-noarlunga-indenture-act-1958-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Oil Refinery (Hundred of Noarlunga) Indenture Act 1958","content":"South Australia\nOil Refinery (Hundred of Noarlunga) Indenture Act 1958\nAn Act to approve and ratify an Indenture made between the State of South Australia and Standard Vacuum Refining Company (Australia) Proprietary Limited relating to the establishment and working of an oil refinery in the State, and to provide for carrying the provisions of that Indenture into effect, and for other purposes.\n\nContents\n1\tShort title\n2\tInterpretation\n3\tRatification of Indenture\n4\tSupply of steam\n5\tLocal government rates\n6\tRights over foreshore\n7\tTrespassing on foreshore etc\n8\tLegal proceedings\n10\tPower in company to consent to use of certain facilities and services\nSchedule—The Indenture\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Oil Refinery (Hundred of Noarlunga) Indenture Act 1958.\n2—Interpretation\nIn this Act, unless the context otherwise requires—\nthe Indenture means the indenture set out in the Schedule to this Act;\nthe Company means the Company incorporated in Victoria under the name of Standard-Vacuum Refining Company (Australia) Proprietary Limited and includes its successors and assigns;\nthe refinery site means the area of approximately 604 acres of land in the district council district of Noarlunga, which before the passing of this Act the Company has agreed to purchase for the purpose of building an oil refinery thereon;\nthe refinery means the oil refinery established pursuant to the Indenture and includes any additions or changes made thereto from time to time;\nthe State means The State of South Australia.\n3—Ratification of Indenture\nThe Indenture is hereby approved and ratified and shall notwithstanding any other Act or law, or any regulation proclamation or order, be carried out and take effect as though the provisions of clauses 3 to 16 thereof had been expressly enacted in this Act.\n4—Supply of steam\nThe Electricity Trust of South Australia may supply steam to the Company and for that purpose may install, operate and maintain such plant and equipment as it deems expedient.\n5—Local government rates\n\t(1)\tThe rates payable to the council of the local government area in which the refinery site is situated in respect of the refinery site and the refinery shall be—\n\t(a)\tfor the year ending 30 June 2001—the sum of $218 580;\n\t(b)\tfor the year ending 30 June 2002—the sum of $135 000;\n\t(c)\tfor the year ending 30 June 2003—the sum of $108 000;\n\t(d)\tfor the year ending 30 June 2004—the sum of $90 000;\n\t(e)\tfor each subsequent year—whichever of the following sums is the lesser:\n\t(i)\tthe sum obtained by increasing the amount payable under this section in respect of the immediately preceding financial year by the increase (if any) in the Consumer Price Index (All groups index for Adelaide) during the period of 12 months ending on 31 March in that financial year; or\n\t(ii)\tthe sum obtained in accordance with the following formula:\n\nwhere—\nS = the sum payable in respect of the relevant financial year, expressed in dollars:\nX = the sum payable in respect of the financial year immediately preceding the relevant financial year, expressed in dollars:\nA = the total amount payable to the council in respect of rates declared under Chapter 10 Part 1 of the Local Government Act 1999 by the council in the relevant financial year on ratable property within the prescribed area:\nB = the number of ratable properties in relation to which the rates referred to in Item A of this formula were declared:\nC = the total amount payable to the council in respect of rates declared under Chapter 10 Part 1 of the Local Government Act 1999 by the council in the financial year immediately preceding the relevant financial year on ratable property within the prescribed area:\nD = the number of ratable properties in relation to which the rates referred to in Item C of this formula were declared.\n\t(2)\tPayment of the amounts prescribed in this section shall be a discharge of all liability of the Company for council rates in respect of the refinery site and the refinery.\n\t(3)\tNo rates shall be payable to a municipal or district council in respect of any pipelines referred to in clause 6 of the Indenture.\n\t(4)\tThe foregoing provisions of this section shall have effect notwithstanding any other enactment, or any rate at any time declared or levied by any district or municipal council.\n\t(5)\tIn this section—\nthe prescribed area means—\n\t(a)\tall that land in the Hundred of Noarlunga bounded by Sullivan Terrace, Baden Terrace, Morrow Road and Galloway Road; and\n\t(b)\tall that land contained in section 640 in the Hundred of Noarlunga that was, on the first day of January, 1976, zoned \"Residential 1\"; and\n\t(c)\tall that land contained in section 646 in the Hundred of Noarlunga that lies to the east of Vincent Street.\n\t(6)\tOn and from the first day of July, 1976, a reference in this section to the refinery site shall be read as reference to the area comprising the refinery site other than the land situated in the Hundred of Noarlunga being the land comprised in Certificate of Title Register Book Volume 3948 Folio 4.\n6—Rights over foreshore\n\t(1)\tSo long as the refinery continues to be operated, the Company shall have the sole right to use and occupy the foreshore adjacent to the refinery site and to erect and maintain thereon any structures required for the purpose of such operation or any operations ancillary thereto.\n\t(2)\tNothing in subsection (1) of this section shall be held as limiting or restricting the power of the Company to consent to the use and occupation by the Company as defined in the Mobil Lubricating Oil Refinery (Indenture) Act 1976, of the foreshore adjacent to the refinery site and any structures erected or maintained thereon by the first mentioned Company.\n7—Trespassing on foreshore etc\n\t(1)\tNo person except a person authorised to do so under an Act or under subsection (2) of this section shall enter, or remain on, or use—\n\t(a)\tthe foreshore adjacent to the refinery site; or\n\t(b)\tany berth, wharf, jetty or loading place on or adjacent to such foreshore; or\n\t(c)\tany waters within fifty yards of any such berth, wharf, jetty, loading place, or foreshore.\nPenalty: One hundred dollars.\n\t(2)\tThe Company may authorise, with or without limitations or conditions, any person to enter or remain on or use any such berth, wharf, jetty, loading place, foreshore or waters and may at any time revoke or vary the authorisation.\n\t(3)\tProceedings for offences against this section shall be heard and determined summarily.\n8—Legal proceedings\n\t(1)\tNotwithstanding any other Act or law the State may under the name of \"The State of South Australia\"—\n\t(a)\tsue and be sued and be a party to legal proceedings in connection with any matter arising out of this Act or the Indenture;\n\t(b)\tagree with the Company to submit any dispute or difference between the State and the Company arising out of or relating to the Indenture to arbitration under the laws relating to arbitration for the time being in force in the State.\n\t(2)\tIn any legal proceedings or arbitration to which the State is a party under subsection (1) of this section the practice and procedure and the rights of the parties shall as nearly as possible be the same and judgment may be given or an award may be made and costs awarded on either side as in legal proceedings or an arbitration between subject and subject.\n\t(3)\tThe Treasurer shall out of money provided by Parliament for the purpose, satisfy any award order or judgment for the payment of money made or given against the State in any such proceedings or arbitration.\n10—Power in company to consent to use of certain facilities and services\nNothing in this Act or in the Indenture shall be held as limiting or restricting the power of the Company to consent to the use and enjoyment by the Company as defined in the Mobil Lubricating Oil Refinery (Indenture) Act 1976, of the facilities or services mentioned in paragraphs (c), (d), (e) and (f) of clause 5 of the Indenture.\nSchedule—The Indenture\nThis Indenture made the 14th day of August 1958 BETWEEN The State of South Australia (hereinafter referred to as \"the State\") of the one part and STANDARD-VACUUM REFINING COMPANY (AUSTRALIA) PROPRIETARY LIMITED, a Company incorporated in the State of Victoria and having its registered office at the corner of Kororoit Creek Road and Millers Road, Altona in the State of Victoria (hereinafter with its successors and assigns referred to as \"the Company\") of the other part\nWHEREAS the Company proposes with the approval of the State to establish an oil refinery near Port Noarlunga in the State of South Australia and for that purpose has entered into contracts with the South Australian Housing Trust for the purchase of 604 acres of land or thereabouts in the district council district of Noarlunga\nAND WHEREAS the State has agreed subject to the ratification of this Indenture by the Parliament of South Australia to provide facilities and services as herein set forth to enable the said refinery to be constructed and operated\nNOW THIS INDENTURE WITNESSETH that the parties hereto covenant and agree with each other as follows:—\n1.\tInterpretation\n\t(1)\tIn this Indenture unless the context otherwise requires—\n\"cargo service charge\" means a charge payable under the law of the State in respect of goods loaded onto a vessel (\"outward cargo service charge\"), or unloaded from a vessel (\"inward cargo service charge\"), at port facilities provided by or on behalf of the State;\n\"feedstock\" means any petroleum substance intended for use as feedstock in the manufacturing process in the refinery, not being a finished petroleum product;\n\"finished petroleum product\" means a petroleum substance—\n\t(a)\tthat is intended for marketing without further processing or blending; and\n\t(b)\tthat meets marketing specifications for finished petroleum products;\n\"the lube refinery\" has the same meaning as in the Indenture set out in the first schedule of the Mobil Lubricating Oil Refinery (Indenture) Act 1976;\n\"Mobil\" means Mobil Oil Australia Limited, a company incorporated in the State of Victoria, and includes any person to whom a right, power, benefit or privilege under the Indenture is assigned or otherwise disposed of by that company pursuant to the Indenture;\n\"the Company's marine installations\" means the anchorage, submarine pipelines, wharves, jetties, landing places, and other marine facilities provided by the Company in St. Vincent Gulf in the vicinity of the site of the refinery;\n\"the refinery\" means the oil refinery established pursuant to this Indenture;\n\"the refinery site\" means the area of approximately 604 acres of land in the district council district of Noarlunga which the Company has agreed to purchase for the site of the refinery;\n\"Port Adelaide\" has the same meaning as in the Harbors and Navigation Act 1993.\n\t(2)\tThis Indenture shall be interpreted according to the laws for the time being in force in the State.\n2.\tRatification of Indenture\n\t(1)\tThe Government of the State will as soon as practicable after the execution of this Indenture introduce a Bill into the Parliament of South Australia to approve and ratify this Indenture and provide for carrying it into effect.\n\t(2)\tIf such a Bill is not passed before the first of January 1959 the clauses of this Indenture other than this clause shall not come into operation.\n3.\tConditions of Indenture\n\t(1)\tThis Indenture is made subject to—\n\t(a)\tthe granting of the necessary import licences under the Customs Regulations for the import of plant, equipment and materials to be imported from overseas for the construction of the refinery; and\n\t(b)\tthe provision by the Commonwealth Bank of Australia of the foreign exchange required for such plant, equipment and materials, and for making payments under contracts relating to the designing and construction of the refinery or any portion thereof.\n\t(2)\tIf after reasonable attempts the Company is unable to obtain such import licences or foreign exchange the clauses of this Indenture, other than clauses 1, 2 and 3, shall cease to operate and neither of the parties hereto will have any claim against the other with respect to anything arising under this Indenture.\n4.\tConstruction of refinery\n\t(1)\tSubject to subclause (2) of this clause, the Company shall—\n\t(a)\twithin the period of five years after the Bill for the approval and ratification of this Indenture comes into operation or within such extended period as the State may allow, construct on the refinery site an oil refinery having a designed capacity of between 30 000 and 40 000 barrels of crude oil per day; and\n\t(b)\tin the design, erection, equipment and operation of the refinery comply with accepted modern oil refinery practice and standards.\n\t(2)\tThe Company shall not be liable for delay in constructing the refinery if such delay arises from causes beyond the reasonable control of the Company.\n6.\tPowers of the Company as to pipelines anchorage, etc.\n\t(1)\tThe Company may without payment of any rental royalty or other charge, at its own expense—\n\t(a)\tlay and operate pipelines from the refinery site to Birkenhead and Osborne along or under any road or railway land in accordance with plans and specifications approved in writing by the Minister for Transport;\n\t(b)\tconstruct and maintain on the foreshore or seabed in proximity to the refinery site or on land owned by the Company all necessary offshore berthing accommodation, wharves, jetties landing places and submarine pipelines in accordance with plans and specifications approved in writing by the Minister for Transport;\n\t(c)\tdraw water from the sea at any place adjacent to the refinery site and use such water for cooling and other purposes of the refinery.\n\t(2)\tThe Minister for Transport must, before approving any plans and specifications relating to pipelines along or under a road, consult with the municipal or district council in whose area the road is situated.\n\t(3)\tThe Minister for Transport must not unreasonably refuse to approve any plans and specifications submitted under subclause (1).\n7.\tCost of a road\nIf a public road running generally along the eastern boundary of the refinery site is opened either on the Company's land or on land adjacent to such eastern boundary the State will bear the cost of construction of such road and no contribution thereto will be required from the Company.\n8.\tPilotage and harbor and navigation charges\n\t(1)\tA vessel arriving at, or off, or proceeding to sea from, the Company's marine installations is exempted from Division 5 (Pilotage) of Part 5 of the Harbors and Navigation Act 1993.\n\t(2)\tWhere a vessel uses the Company's marine installations, a harbor service charge is not payable but a navigation service charge is payable.\n\t(3)\tIn subclause (2)—\n\"harbor service charge\" means a charge payable under the law of the State for services provided by or on behalf of the State in relation to vessels at port facilities;\n\"navigation service charge\" means a charge payable under the law of the State for the provision by or on behalf of the State of navigational aids for the safe navigation of vessels in State waters.\n10.\tCharge on unloading of finished petroleum products\n\t(1)\tNo charge is payable to the Minister for Transport in respect of finished petroleum products unloaded by Mobil at the Company's marine installations.\n10A.\tCharge on loading of refinery products\n\t(1)\tNo charge is payable to the Minister for Transport in respect of—\n\t(a)\tpetroleum products produced at the refinery and loaded at the Company's marine installations; or\n\t(b)\tpetroleum products produced at the refinery and loaded at Port Adelaide if the products are—\n\t(i)\ttransported by pipeline or other means of land transport to Port Adelaide; and\n\t(ii)\ttransported by sea from Port Adelaide and subsequently unloaded at port facilities provided by or on behalf of the State; or\n\t(c)\tcrude oil or condensate loaded by Mobil at the Company's marine installations.\n11.\tInward wharfage on refinery products transported intra-state\n\t(1)\tPetroleum products produced at the refinery and transported by sea to Port Adelaide will not be chargeable with an inward cargo service charge at that port unless harbor works and facilities additional to those in existence at the time of the execution of this Indenture are provided at that port by or on behalf of the State and are used for unloading or landing such products.\nIf such facilities are so used, cargo service charges appropriate to the amount expended by or on behalf of the State on the provision of such additional facilities will be payable.\n\t(2)\tA charge is payable in respect of—\n\t(a)\tpetroleum products unloaded at Port Pirie, Port Lincoln or at any other port in the State (other than Port Adelaide) if the products were produced at the refinery and transported to that port by sea; and\n\t(b)\tpetroleum products unloaded at any port in the State if the products were produced at the refinery and—\n\t(i)\tare transported to Port Adelaide by pipeline or other means of land transport; and\n\t(ii)\tare transported by sea from Port Adelaide to the port at which they are unloaded.\n\t(3)\tA charge under subclause (2) is payable at a rate equal to the rate of inward cargo service charge under the scale fixed from time to time in respect of bulk liquid cargo unloaded at that port and is payable to the authority who has the care, control and management of the port.\n12.\tGeneral liability for other charges\nExcept as expressly provided, this Indenture does not confer any exemption from charges payable under the law of the State for the use of port facilities, or services provided by or on behalf of the State at such facilities.\n15.\tAssignment\n\t(1)\tWith the written consent of the State the Company may assign or otherwise dispose of any right, power, benefit or privilege conferred on the Company by this Indenture.\n\t(2)\tA person to whom any right, power, benefit or privilege is so assigned or disposed of may with the written consent of the State further assign or dispose of it.\n\t(3)\tThe Company may with the written consent of the State cause any of its obligations or duties under this Indenture to be performed by any other Company, but notwithstanding such consent the Company shall remain liable for any failure to perform such obligations or duties.\n\t(4)\tNo consent shall be required for the assignment of any right, power, benefit or privilege conferred on the Company by this Indenture to or for the performance of the Company's obligations or duties under this Indenture by a Company more than 50 per cent of the issued shares of which are owned directly or indirectly by Standard-Vacuum Oil Company a company incorporated in the State of Delaware, U.S.A.\n\t(3)\tThe Government shall not arbitrarily or unreasonably withhold consent to any assignment or disposition under this clause.\n16.\tMode of giving consent\nAny consent or permission to be given by the State under this Indenture shall be deemed to be duly given if given by notice in writing to the Company signed by the Premier or Acting Premier of the State.\n\nIN WITNESS WHEREOF the parties hereto have executed these presents the day and year first hereinbefore written.\nHis Excellency the Lieutenant Governor of South Australia caused the public seal of the State to be hereto affixed and signed this Indenture on the 14th day of August, 1958, in the presence of:—\nA. LYELL McEWIN.\n}\n\nThe Common Seal of Standard-Vacuum Refining Company (Australia) Proprietary Limited was hereto affixed in the presence of:—\nR.B. PRICE, Director.\nW.C. BIRCH, Secretary.\n}\n\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1958\n18\nOil Refinery (Hundred of Noarlunga) Indenture Act 1958\n23.10.1958\n23.10.1958\n1965\n47\nOil Refinery (Hundred of Noarlunga) Indenture Act Amendment Act 1965\n9.12.1965\n9.12.1965\n1967\n46\nOil Refinery (Hundred of Noarlunga) Indenture Act Amendment Act 1967\n19.10.1967\n19.10.1967\n1976\n15\nOil Refinery (Hundred of Noarlunga) Indenture Act Amendment Act 1976\n4.3.1976\n4.3.1976\n1976\n78\nMobil Lubricating Oil Refinery (Indenture) Act 1976\n9.12.1976\nSch 2—24.2.1977 (Gazette 24.2.1977 p491)\n1986\n41\nOil Refinery (Hundred of Noarlunga) Indenture Act Amendment Act 1986\n4.9.1986\n4.9.1986\n1994\n74\nStatutes Amendment (Oil Refineries) Act 1994\n1.12.1994\nPt 2 (ss 3 & 4)—1.12.1994\n2001\n70\nStatutes Amendment (Mobil Oil Refineries) Act 2001\n6.12.2001\nPt 2 (ss 3 & 4)—6.12.2001\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 7 of The Public General Acts of South Australia 1837-1975 at page 702.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 2\n\n\nthe refinery\namended by 78/1976 s 8(1) (Sch 2)\n24.2.1977\ns 5\n\n\ns 5(1)\namended by 15/1976 s 2(a)—(c)\n4.3.1976\n\namended by 70/2001 s 3(a)—(c)\n6.12.2001\ns 5(2)\namended by 70/2001 s 3(d)\n6.12.2001\ns 5(5) and (6)\ninserted by 15/1976 s 2(d)\n4.3.1976\ns 6\n\n\ns 6(1)\ns 6 redesignated as s 6(1) by 78/1976 s 8(1) (Sch 2)\n24.2.1977\ns 6(2)\ninserted by 78/1976 s 8(1) (Sch 2)\n24.2.1977\ns 9\n\n\ns 9(1)\ns 9 redesignated as s 9(1) by 41/1986 s 2\n4.9.1986\n\ndeleted by 74/1994 s 3\n1.12.1994\ns 9(2)\ninserted by 41/1986 s 2\n4.9.1986\n\ndeleted in pursuance of the Acts Republication Act 1967 as its function is now exhausted\n1.12.1994\ns 10\ninserted by 78/1976 s 8(1) (Sch 2)\n24.2.1977\nSch\n\n\nIndenture\n\n\ncl 1\n\n\ncl 1(1)\n\n\ncargo service charge\ninserted by 74/1994 s 4(a)\n1.12.1994\nfeedstock\ninserted 41/1986 s 2\n4.9.1986\nfinished petroleum product\ninserted by 41/1986 s 2\n4.9.1986\nEsso\ninserted by 41/1986 s 2\n4.9.1986\n\ndeleted by 74/1994 s 4(b)\n1.12.1994\nthe lube refinery\ninserted by 74/1994 s 4(b)\n1.12.1994\nMobil\ninserted by 41/1986 s 2\n4.9.1986\nPort Adelaide\nsubstituted by 74/1994 s 4(c)\n1.12.1994\ncl 5\ndeleted by 70/2001 s 4(a)\n6.12.2001\ncl 6\n\n\ncl 6(1)\namended by 74/1994 s 4(d), (e)\n1.12.1994\ncl 6(2)\nsubstituted by 74/1994 s 4(f)\n1.12.1994\ncl 6(3)\ninserted by 74/1994 s 4(f)\n1.12.1994\ncl 8\nsubstituted by 74/1994 s 4(g)\n1.12.1994\ncl 9\namended by 41/1986 s 2\n4.9.1986\n\nsubstituted by 74/1994 s 4(g)\n1.12.1994\n\nexpired: cl 9(8)—omitted under Legislation Revision and Publication Act 2002\n(1.2.1996) \ncl 9A\ninserted by 41/1986 s 2\n4.9.1986\n\ndeleted by 74/1994 s 4(g)\n1.12.1994\ncl 10\namended by 41/1986 s 2\n4.9.1986\n\nsubstituted by 74/1994 s 4(g)\n1.12.1994\ncl 10(1)\namended by 70/2001 s 4(b)\n6.12.2001\ncl 10(2)—(4)\ndeleted by 70/2001 s 4(c)\n6.12.2001\ncl 10A\ninserted by 41/1986 s 2\n4.9.1986\n\nsubstituted by 74/1994 s 4(g)\n1.12.1994\ncl 10A(1)\namended by 70/2001 s 4(d)\n6.12.2001\ncl 10A(2)—(4)\ndeleted by 70/2001 s 4(e)\n6.12.2001\ncl 11\n\n\ncl 11(1)\namended by 74/1994 s 4(h)—(l)\n1.12.1994\ncl 11(2)\nsubstituted by 74/1994 s 4(m)\n1.12.1994\ncl 11(3)\ninserted by 74/1994 s 4(m)\n1.12.1994\ncl 12\nsubstituted by 74/1994 s 4(n)\n1.12.1994\ncll 13 and 14\ndeleted by 74/1994 s 4(n)\n1.12.1994\nHistorical versions\nReprint No 1—1.10.1991\n\nReprint No 2—1.12.1994\n\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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act still ratifies the 1958 Indenture to enable refinery construction, but successive amendments materially altered practical scope. Key changes include updated and time‑specific council rate provisions and formula mechanics (s5 as amended), reworking of port charging and cargo exemptions (Schedule cll 10, 10A, 11 as substituted/amended), added or revised definitions and assignment/consent rules (Schedule cll 1, 15, 16), and insertion/deletion of other operational clauses. These amendments shifted who pays what, which charges are waived or payable, and the contractual flexibility available compared with the original 1958 text."},"complexity_factors":["Statutory ratification of a detailed private Indenture (s3 and Schedule) which imports contractual terms into statute.","Layered and time‑bound rates regime with a CPI uplift or a multi‑variable formula for future years (s5(1)(e) and definitions in s5(5)–(6)).","Multiple cross‑references to other legislation and port/harbour charging regimes (Harbors and Navigation Act references in Schedule cll 8–11).","Exclusive property and access rights over foreshore and marine infrastructure (s6 and Schedule cl6) combined with a statutory trespass offence and penalty (s7).","Ministerial and executive discretion: Minister for Transport approval of pipeline/foreshore plans with an obligation not to unreasonably refuse (Schedule cl6(1)–(3)); Premier’s signature deemed state consent (Schedule cl16).","Assignment and subcontracting rules with state consent and an ownership exception tied to a specified parent company (Schedule cl15).","State participation in dispute resolution and fiscal exposure (right to sue/be sued, arbitration, and Treasurer to satisfy awards — s8).","Numerous later amendments and substitutions (see legislative history) producing textual complexity and potential interpretive uncertainty across versions."],"plain_english_summary":"This Act approves a 1958 indenture allowing Standard‑Vacuum to build and operate an oil refinery at Noarlunga and makes those commercial arrangements part of South Australian law. It fixes the refinery’s local council rates (s5), permits state steam supply to the company (s4), grants exclusive foreshore and marine‑use and pipeline/berthing rights (s6, sch cl6), creates specified port‑charge exemptions and assignment/consent rules, and requires the State to meet awards against it (s8)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1958 purpose of establishing a single oil refinery. Major expansions include: (1) 1976 amendments to accommodate a second adjacent refinery (Mobil Lubricating Oil Refinery) with shared facilities; (2) 1986 amendments adding definitions for 'feedstock' and 'finished petroleum product' and creating complex charge exemptions for intra-state transport; (3) 1994 amendments extensively rewriting port charge provisions and updating references to modern harbour legislation; (4) 2001 amendments further modifying the rates formula and deleting spent provisions. The original simple ratification has evolved into a sophisticated framework governing inter-company arrangements, multi-modal transport charges, and complex indexation mechanisms that extend well beyond the original refinery construction mandate."},"complexity_factors":["Nested mathematical formula in section 5(1)(e)(ii) with four defined variables (S, X, A, B, C, D) for calculating council rates","Multiple cross-references to other legislation including the Mobil Lubricating Oil Refinery (Indenture) Act 1976, Local Government Act 1999, and Harbors and Navigation Act 1993","Temporal provisions with specific cut-off dates (e.g., section 5(6) changing definition from 1 July 1976; clause 2(2) sunset clause for 1 January 1959)","Conditional exemptions and charge calculations that depend on facility usage and transport methods (clauses 10, 10A, 11)","Successor and assignee provisions allowing transfer of rights to related companies without consent (clause 15(4))","Dual structure with both parliamentary Act and scheduled Indenture containing overlapping but distinct provisions","Legislative history showing multiple amendments (1958, 1965, 1967, 1976, 1986, 1994, 2001) creating layering effects"],"plain_english_summary":"This is a 1958 South Australian law that rubber-stamps a special deal between the State government and an oil company (originally Standard-Vacuum, now part of ExxonMobil) to build and run an oil refinery at Port Stanvac, near Adelaide.\n\n**What it does:**\n- **Locks in the deal**: The Act makes the contract (called an \"Indenture\") legally binding and overrides other laws that might conflict with it.\n- **Fixes council rates**: Instead of paying normal property rates to the local council, the company pays a set amount that started at $218,580 in 2001 and decreases over time, then gets capped at the lower of inflation or a complex formula based on what neighbours pay.\n- **Gives special powers**: The company can build pipelines across roads and railways, construct wharves and jetties on the foreshore, and draw seawater for cooling—all without paying rent or royalties.\n- **Exempts from charges**: Ships using the company's private port facilities don't pay pilotage fees or certain port charges that other vessels would pay.\n- **Controls access**: Makes it a crime (with a $100 fine) for unauthorised people to enter the foreshore, wharves, or waters near the refinery.\n- **Lets the State be sued**: Unusually, the State agrees it can be taken to court or arbitration over disputes about this deal, and will pay any damages awarded.\n\n**Who it affects:**\n- The oil company (now ExxonMobil Australia) and its successors\n- The local council (City of Onkaparinga), which gets less rate income than it otherwise would\n- Anyone wanting to access the foreshore near the refinery\n- Other oil companies (like Mobil) that can use some facilities under related deals\n\n**Why it matters:**\nThis is a classic example of a \"state agreement act\"—a special law giving one company unique privileges to encourage major industrial investment. These deals were common in Australian history for big mining and energy projects. The Act still operates today, though the refinery closed in 2003, meaning many provisions are now dormant or only relevant to decommissioning and remediation."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. Based on the title alone, the Act appears to be narrowly focused on formalising a specific industrial indenture agreement for a single oil refinery site, consistent with its original apparent intent. No amendments or scope changes can be identified without access to the full text."},"complexity_factors":["Actual legislative text was unavailable due to a broken URL following a website migration — analysis is based on title inference only","Indenture-style Acts can involve complex contractual schedules, but this cannot be confirmed without the text","Historical Acts from the 1950s often contain archaic drafting conventions that can be difficult to interpret","Intersection of private contract law and public statute law in indenture Acts adds potential complexity"],"plain_english_summary":"The Oil Refinery (Hundred of Noarlunga) Indenture Act 1958 is a South Australian law that gave statutory force to a government indenture with a private company to establish and operate an oil refinery in the Hundred of Noarlunga. It primarily matters historically as the legal basis for land, infrastructure and commercial arrangements between the state and the refinery operator.\n\nThe Act is chiefly of archival interest today; any original rights or obligations may have been amended, expired or superseded."}},"importantCases":[],"_links":{"self":"/api/acts/oil-refinery-hundred-of-noarlunga-indenture-act-1958","history":"/api/acts/oil-refinery-hundred-of-noarlunga-indenture-act-1958/history","analysis":"/api/acts/oil-refinery-hundred-of-noarlunga-indenture-act-1958/analysis","conflicts":"/api/acts/oil-refinery-hundred-of-noarlunga-indenture-act-1958/conflicts","importantCases":"/api/acts/oil-refinery-hundred-of-noarlunga-indenture-act-1958/important-cases","documents":"/api/acts/oil-refinery-hundred-of-noarlunga-indenture-act-1958/documents"}}