{"id":"south-fremantle-oil-installations-pipe-line-act-1948","name":"South Fremantle Oil Installations Pipe Line Act 1948","slug":"south-fremantle-oil-installations-pipe-line-act-1948","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110251,"registerId":"wa-south-fremantle-oil-installations-pipe-line-act-1948-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"South Fremantle Oil Installations Pipe Line Act 1948","content":"![Crest]()Western Australia\n\nSouth Fremantle Oil Installations Pipe Line Act 1948\n\nWestern Australia\n\nSouth Fremantle Oil Installations Pipe Line Act 1948\n\nContents\n\n1. Short title 1\n\n2. Interpretation 1\n\n3. Power to use and maintain pipe line 2\n\n4. Notice to be served and plan deposited before breaking up streets, etc. 2\n\n5. Streets broken up to be reinstated without delay 3\n\n6. Penalty for breaking up without notice or delay in reinstating 4\n\n7. In cases of delay other parties may reinstate and recover expenses 4\n\n8. When streets broken up room to be allowed for vehicles to pass 5\n\n9. Operator to make compensation for any damage 5\n\n10. Offences 5\n\n11. Court in which proceedings to be taken 6\n\n12. Payment in lieu of rates 6\n\nThe Schedule\n\nNotes\n\nCompilation table 9\n\n  \n\nWestern Australia\n\nSouth Fremantle Oil Installations Pipe Line Act 1948\n\nAn Act to authorize the maintenance and use by the Commonwealth of Australia or its assigns of a certain oil pipe line and for other purposes incidental thereto.\n\nBe it 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 *South Fremantle Oil Installations Pipe Line Act 1948*.\n\n##### 2. Interpretation\n\nIn this Act, unless the context otherwise requires —\n\n  Commonwealth means the Commonwealth of Australia;\n\n  local authority means, within their respective jurisdictions the City of Fremantle, the Fremantle Road Board, the Commissioner of Railways and the Fremantle Port Authority;\n\n  Minister means the Minister for Works and also any other Minister of the Crown charged for the time being with the administration of the *Public Works Act 1902‑1945*;\n\n  operator means the Commonwealth and also any person who may at any time with the consent of the Commonwealth, use the pipe line;\n\n  pipe line means the pipe line constructed by the Commonwealth along the route delineated on the plan in the Schedule to this Act or any part of such pipe line, together with all mains, service pipes, fixtures, fittings and appliances connected with or affixed to such pipe line.\n\n[Section 2 amended: No. 5 of 1999 s.21.]\n\n##### 3. Power to use and maintain pipe line\n\nSubject to the provisions of this Act, the operator may —\n\n(a) use and maintain the pipe line;\n\n(b) open, break up, and interfere with the soil or surface of any road, street, bridge, railway, wharf or reserve along the route traversed by the pipe line for the purpose of repairing, altering, renewing or removing the pipe line or any part thereof and for such purpose may remove any earth and material in or under such road, street, bridge, railway, wharf or reserve:\n\nProvided that the power to open, break up, or interfere with any reserve, railway or wharf shall be exercised only with the consent of the Minister administering the Land Act 1933‑1946, or the Government Railways Act 1904‑1947, or the *Port Authorities Act 1999*, and its amendments, respectively, and subject to such conditions as such Minister may deem expedient.\n\n[Section 3 amended: No. 5 of 1999 s.21.]\n\n##### 4. Notice to be served and plan deposited before breaking up streets, etc.\n\n(1) Before the operator proceeds to open, break up or interfere with any road, street, bridge, railway, wharf, or reserve it shall give to the Minister and to the local authority concerned, notice in writing of its intention so to do not less than three clear days before commencing such work and shall at the same time deposit with the Minister and 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 road, street, bridge, railway, wharf or reserve shall be opened, broken up or interfered with unless under the superintendence of the Minister and the local authority and in accordance with the plan deposited as aforesaid:\n\nProvided always that if no officer appointed by the Minister or no officer appointed by the local authority attends at the time fixed in such notice and remains during the opening, breaking up, or interference with any road, street, bridge, jetty, railway, wharf or reserve, the operator may, subject to the proviso to paragraph (b) of section three of this Act, perform the work specified in such notice and set out in such plan without the superintendence of the Minister and the local authority, or either of them, as the case may be:\n\nProvided further that in cases of emergency arising from accidents to or defects in the pipe line necessitating the opening, breaking up of, or interference with, any road, street, bridge, railway, wharf or reserve, such accidents or defects may be repaired or remedied 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 necessity for the work has arisen.\n\n(2) The operator shall pay to the Minister and to the local authority, the costs respectively incurred by or occasioned to them in respect of any examination or preparation of plans or of the superintendence or inspection of any work performed by the operator under this Act.\n\n##### 5. Streets broken up to be reinstated without delay\n\nWhenever the operator opens, breaks up or interferes with any road, street, bridge, railway, wharf or reserve, it shall with all convenient speed, complete the work and make good the same to the satisfaction of the Minister and the local authority concerned, and shall immediately upon completion of the work, carry away all rubbish occasioned thereby, and whilst any road, street, bridge, railway, wharf or reserve shall be opened, broken up or interfered with, the operator shall cause the same to be properly guarded and sufficiently lighted and shall affix adequate signs or notices on or near the works for the warning of the public, and shall, on completion of the work, re‑surface such part of any road, street, bridge, railway or wharf as shall have been opened, broken up or interfered with and when and as required by the Minister of the local authority, keep the same in good repair for six months after replacing, making good and re‑surfacing the same.\n\n##### 6. Penalty for breaking up without notice or delay in reinstating\n\nIf the operator (being a person other than the Commonwealth of Australia) commits, permits or suffers any act, delay, neglect of omission, contrary to the provisions of sections four and five of this Act and be liable to a penalty not exceeding fifty pounds for every such offence and an additional penalty of forty shillings 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 operator (being either the Commonwealth of Australia or any other person) 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 operator contrary to the provisions of sections four and five of this Act.\n\n##### 7. In cases of delay other parties may reinstate and recover expenses\n\nIf any such delay, neglect or omission contrary to the provisions of sections four and five of this Act, take place, the Minister or local authority may cause any work so delayed, neglected or omitted to be completed, executed or performed, and all expenses so incurred shall be repaid to the Minister or the local authority, as the case may be, by the operator:\n\nProvided that nothing in this section contained shall render it compulsory for the Minister or local authority to complete, execute or perform any such work or render either of them liable for any delay, neglect or omission so to do.\n\n##### 8. When streets broken up room to be allowed for vehicles to pass\n\nWhenever the operator opens, breaks up or interferes with any road or street, it shall so carry out such work as to allow room in such road or street for at least one vehicle, of the maximum width permitted to travel along such road or street, to pass the said works and in any case where room is allowed for only one such vehicle to pass while the road or street is being opened, broken up or interfered with, the operator shall not open, break up, or interfere with more than fifty yards of such road or street at any one time and in any other case, the operator shall not open, break up or interfere with more than one hundred yards of such road or street at any one time.\n\n##### 9. Operator to make compensation for any damage\n\nThe operator shall do as little damage and cause as little inconvenience as may be in the execution of the powers conferred by this Act, and shall make compensation for any physical damage which may be done in the execution of such powers.\n\n##### 10. Offences\n\nAny person who —\n\n(a) lays or causes to be laid any pipe to connect with the pipe line without the consent of the operator first had and obtained for that purpose; or\n\n(b) erects or keeps erected any apparatus or fitting where by oil, liquid fuel, petroleum, spirits, kerosene or petroleum products may be obtained from any part of the pipe line without the consent in writing of the operator first had and obtained for that purpose; or\n\n(c) wilfully or by negligence removes, destroys or damages any part of the pipe line,\n\nshall be guilty of an offence against this Act and shall without prejudice to any right or remedy of the operator to recover damages, be liable to a penalty not exceeding five pounds for every such offence.\n\n##### 11. 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##### 12. Payment in lieu of rates\n\nThe pipe line shall, whenever any operator other than the Commonwealth has the right to use the same, be deemed to be rateable land, but in lieu of the provisions of the *Municipal Corporations Act 1906‑1947*, and the *Road Districts Act 1919‑1947*, relating to the valuation of land and the making of rates in respect thereof, such operator shall, in each and every year during which the right to use the pipe line shall subsist, pay to the City of Fremantle and the Fremantle Road Board, a sum equal to one‑eighth per centum of the amount actually received by the operator for the sale of the oil and liquid fuel conveyed through the pipe line during the twelve months ending on the thirty‑first day of December immediately preceding, or the sum of one hundred pounds, whichever amount shall be the greater.\n\nThe amount to be payable by the operator under this section shall be paid on or before the thirty‑first day of March in each year and shall be apportioned between the City of Fremantle and the Fremantle Road Board proportionately to the length of the pipeline with the Fremantle Municipal District and the Fremantle Road District, respectively, and shall be in full satisfaction and discharge of all rates and rents, if any, payable to the City of Fremantle and to the Fremantle Road Board in respect of the pipe line:\n\nProvided that it shall be lawful for the operator and the City of Fremantle and the Fremantle Road Board by mutual agreement to vary any one or more of the provisions of this section relation to the method of computing the amount payable by the operator under this section, the minimum amount so payable, the time of payment of such amount and the apportionment between the City of Fremantle and the Fremantle Road Board of any such amount.\n\nThe Schedule\n\n![oil]()\n\nNotes\n\n1. This is a compilation of the *South Fremantle Oil Installations Pipe Line Act 1948* and includes all amendments effected by the other Acts referred to in the following Table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *South Fremantle Oil Installations Pipe Line Act 1948* | 48 of 1948 | 7 Jan 1949 | 7 Jan 1949 |\n| *Port Authorities (Consequential Provisions) Act 1999*,<br>section 21 | 5 of 1999 | 13 Apr 1999 | 14 Aug 1999 (see s. 2 and *Gazette* 13 Aug 1999 p.3823) |\n\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\nCommonwealth 2\n\nlocal authority 2\n\nMinister 2\n\noperator 2\n\npipe line 2\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No comparison between original intent and enacted provisions is possible from the information provided."},"complexity_factors":["Legislation text is entirely unavailable — no content could be analysed","Only the Act title and a website error message were provided","Any complexity assessment of the actual law would be speculative","The 1948 vintage suggests potential complexity from outdated drafting conventions, but this cannot be confirmed"],"plain_english_summary":"Likely a 1948 Western Australian Act authorising or regulating a pipeline linking oil installations in South Fremantle, this law would concern oil companies, landowners, and government regulators. It matters for property rights, infrastructure operation and safety, and any historical or ongoing land-use or liability issues tied to mid‑century oil development in that area."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Amendments incorporated (notably the 1999 update referencing the Port Authorities Act) modernise cross‑references and which Minister’s consent applies for works on port land, but do not materially expand the authorised powers or change the Act’s core purpose. The Act remains a narrowly targeted statute authorising the Commonwealth (or its authorised user) to operate and maintain the specified pipeline subject to notice, reinstatement and payment obligations (see s.3 and s.12)."},"complexity_factors":["Short, single‑purpose Act (12 sections plus Schedule)","Five defined terms in s.2 (Commonwealth, local authority, Minister, operator, pipe line)","Several provisos and conditional exceptions (emergency exception in s.4; consent proviso in s.3; mutual agreement in s.12)","Cross‑references to other primary Acts for consent/admin (Land Act, Government Railways Act, Port Authorities Act) in s.3","Different legal treatment for Commonwealth vs non‑Commonwealth operators (s.6) adds an enforcement asymmetry","Archaic penalty currency units (pounds/shillings) remain in the text (ss.6,10), which may require interpretive updating","Limited number of sanctions and straightforward payment formula in s.12 keep computation simple"],"plain_english_summary":"**What this law does (plain language)**\n\n- Authorises the Commonwealth of Australia (or a person it allows) to use and maintain a particular oil pipeline that runs through parts of South Fremantle, together with its fittings and service pipes (see definition of \"pipe line\" and \"operator\" in s.2).\n\n- Gives the operator the legal right to open and interfere with public roads, bridges, railways, wharves and reserves along the pipeline route to repair, alter, renew or remove the pipeline (s.3). For reserves, railways and wharves that power is subject to the consent of the Minister who administers the relevant land or port legislation (s.3 proviso).\n\n- Requires the operator to tell the responsible Minister and the local authority at least three clear days before breaking up any road, bridge, railway, wharf or reserve and to deposit a plan explaining what will be done and when (s.4(1)). In an emergency (for example, to fix an accidental leak) the operator may act immediately but must give notice and a plan as soon as possible afterwards (s.4(1) proviso).\n\n- Allows the Minister and local authority to supervise the work; the operator must pay their reasonable costs for examining plans and for supervision or inspection (s.4(2)).\n\n- Obligates the operator to reinstate the road, bridge, railway, wharf or reserve with all convenient speed, remove rubbish, guard and light the site while works continue, put up warning signs, and (if required) keep the resurfaced area in good repair for six months after completion (s.5).\n\n- Imposes penalties and daily fines (expressed in pounds/shillings in the original text) if a non-Commonwealth operator fails to give the required notice or delays reinstatement; the Minister or local authority may instead complete the work and recover expenses from the operator (ss.6–7). The Commonwealth itself is treated differently in the penalty provision (s.6).\n\n- Limits how much of a road may be opened at once and requires that enough room remain for at least one full‑width vehicle to pass (s.8).\n\n- Requires the operator to compensate for any physical damage caused by exercising its powers (s.9).\n\n- Makes it an offence to connect to the pipeline, to attach fittings that allow oil to be obtained from the pipeline, or to wilfully/negligently damage the pipeline, without the operator's consent; penalties apply (s.10). Penalties are recoverable in a local/summaries court (s.11).\n\n- Sets a special payment in place of ordinary municipal rates while a non‑Commonwealth operator has rights to use the pipeline: an annual payment equal to one‑eighth of one per cent (0.125%) of the operator's receipts from sales of oil and liquid fuel carried in the pipeline during the previous year, or a minimum of 100 pounds, whichever is greater. The amount is apportioned between the City of Fremantle and the Fremantle Road Board according to how much of the pipeline lies in each area (s.12). The operator and the local authorities may agree to change the method, minimum, timing or apportionment by mutual agreement (s.12 proviso).\n\n**Who is affected**\n\n- The operator (the Commonwealth or any person authorised by the Commonwealth to use the pipeline) bears the duties and most costs: giving notice, depositing plans, paying inspection/supervision costs, reinstating surfaces, guarding and lighting works, compensating for damage, and paying the annual sum in lieu of rates when the operator is not the Commonwealth (ss.2, 4–5, 9, 12).\n\n- The Minister and local authorities (City of Fremantle, Fremantle Road Board, Commissioner of Railways, Fremantle Port Authority as defined) supervise work, may inspect and charge for supervision, and may themselves carry out reinstatement works and recover costs if the operator fails to do so (ss.2, 4(2), 7).\n\n- The general public is protected by rules requiring warning signs, lighting, access for vehicles, and reinstatement obligations (ss.5, 8).\n\n- Third parties who try to connect to, extract from, or damage the pipeline without consent are criminally liable (s.10).\n\n**Why it matters (mechanics and incentives)**\n\n- The Act creates a property/right framework that lowers legal friction for operating and maintaining a fixed infrastructure (the pipeline) across public ways: it authorises disturbance of public land subject to procedural and financial checks (ss.3–5). That reduces the operator's transaction costs of carrying out repairs and maintenance, while imposing defined procedural and financial duties.\n\n- Compliance costs fall directly on the operator: preparing plans, paying inspection/supervision fees, reinstating works and compensating for damage (ss.4(2), 5, 9). Those costs are predictable in form, but may be variable in amount and timing.\n\n- The Act distinguishes the Commonwealth from private operators in enforcement (s.6). Penalty provisions explicitly apply to operators who are \"persons other than the Commonwealth\" which limits the practical enforceability of fines against the Commonwealth; however, the Commonwealth remains liable for private rights of action (s.6 proviso). This difference changes enforcement incentives depending on whether the user is the Commonwealth or a private company.\n\n- The annual payment in lieu of rates creates a small, revenue‑linked charge (0.125% of sales receipts) with a minimum floor; the payment is modest relative to typical commercial margins on fuel but ties local revenue to pipeline throughput (s.12). The mutual‑agreement clause (s.12 proviso) allows bespoke arrangements, which concentrates bargaining leverage between the operator and the two local authorities.\n\n- The statutory prohibition on unauthorised connections and fittings (s.10) protects the operator's control over pipeline access. That limits the ability of third parties to attach or extract product without consent, so the pipeline functions as controlled infrastructure rather than open access utility.\n\n**Trade‑offs, risks and implementation points to note**\n\n- Enforcement asymmetry: the different treatment of the Commonwealth in penalty provisions (s.6) reduces the effectiveness of statutory fines against it; affected parties rely on contractual terms, mutual agreement or ordinary tort claims for compensation (s.6 proviso). This creates an enforcement and bargaining asymmetry between private operators and the Commonwealth.\n\n- Administrative discretion: the Minister and relevant Ministers for land/rail/port consent (s.3 proviso, s.4) have decision space over conditions for work in reserves/railways/wharves. Supervision and inspection are chargeable to the operator (s.4(2)), which internalises some monitoring costs but gives administrative actors influence over timing and conditions.\n\n- Compliance burden on small operators: the statutory notice, plan, reinstatement and minimum annual payment may impose fixed costs that are relatively heavier on small users if the pipeline is used by a smaller operator (ss.4–5, 12).\n\n- Local revenue is tied to throughput but capped at a low percentage; mutual agreements (s.12 proviso) allow flexibility but also create scope for negotiated deviations from the statutory default.\n\n- The Act is narrowly focused on one pipeline and its route (Schedule). It preserves private remedies for damage and does not itself expropriate private property beyond the operational authorisation given to the operator (s.9, s.6 proviso).\n\n**Key provisions for quick reference**\n\n- Definitions and who counts as operator/local authority/Minister: s.2.\n- Authorised powers to open and repair: s.3.\n- Notice and plan requirements (3 clear days; emergency exception): s.4(1).\n- Payment for inspections/supervision: s.4(2).\n- Reinstatement, guarding, lighting, 6‑month repair obligation if required: s.5.\n- Penalties (different treatment of Commonwealth): s.6; recovery by local authority if operator fails: s.7.\n- Access control / offences (unauthorised connection, fittings, damage): s.10.\n- Annual payment in lieu of rates for non‑Commonwealth operators (0.125% of sales or minimum 100 pounds; apportionment): s.12.\n\n(This summary describes the statutory mechanics and incentives. Statements of purpose found in explanatory materials are treated as claims about intent; the Act’s concrete effects follow from the sections cited above.)"},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: authorising and regulating a specific oil pipeline in South Fremantle. The only amendment since 1948 (1999) was technical—updating references to the Port Authorities Act—without expanding the substantive scope or applying the Act to new infrastructure or operators."},"complexity_factors":["Only 5 defined terms in the interpretation section (Commonwealth, local authority, Minister, operator, pipe line)","Straightforward procedural structure with minimal cross-referencing (primarily internal references to sections 4 and 5)","Simple conditional logic: basic provisos (exceptions) limited to ministerial consent requirements and emergency repairs","No nested exceptions or complex definitional chains","Short length (12 sections plus schedule)","Minimal amendments since 1948 (only one substantive amendment in 1999 updating references to modern port authority legislation)","Clear, prescriptive language ('shall', 'may') with limited discretionary powers"],"plain_english_summary":"This Western Australian law from 1948 gives the Commonwealth government (and any future private operators it approves) special powers to run and maintain an oil pipeline running through South Fremantle. \n\n**What it does:**\n- **Authorises the pipeline**: Allows the operator to use, repair, and maintain a specific oil pipeline that runs through roads, streets, bridges, railways, wharves and reserves in the Fremantle area.\n- **Controls digging up public land**: Sets strict rules for when and how the operator can dig up public roads and infrastructure. They must give 3 days' written notice, deposit detailed plans, and allow government officials to supervise the work (unless it's an emergency).\n- **Protects public safety**: Requires the operator to keep worksites guarded, lit, and signposted; ensure vehicles can still pass; and limit how much road can be dug up at once (50-100 yards maximum).\n- **Ensures quick repairs**: Forces the operator to reinstate (repair) any damaged roads or infrastructure \"without delay\" and keep them in good repair for 6 months afterwards.\n- **Provides enforcement**: Lets the government or local council step in and finish repairs if the operator is too slow, then bill the operator for costs. Also imposes fines (up to £50) for non-compliance.\n- **Prevents theft/tampering**: Makes it illegal to connect unauthorised pipes to the line, install equipment to steal fuel, or damage the pipeline (fines up to £5).\n- **Sets up a special payment system**: Instead of normal council rates (property taxes), private operators must pay an annual fee equal to 0.125% of their oil sales revenue (minimum £100), split between the City of Fremantle and the local road board based on how much pipeline runs through each area.\n\n**Who it affects:**\n- The Commonwealth government and any private companies it allows to use the pipeline\n- The City of Fremantle, Fremantle Road Board, and other local authorities\n- Residents and businesses in the pipeline's path (who benefit from protected roads and compensation for damage)\n\n**Why it matters:**\nThis is a classic example of a \"special statute\" granting specific infrastructure privileges to a government entity. It balances the Commonwealth's need to maintain critical fuel supply infrastructure against local community interests—ensuring roads aren't left dug up, traffic keeps flowing, and local councils get compensated for the inconvenience."}},"importantCases":[],"_links":{"self":"/api/acts/south-fremantle-oil-installations-pipe-line-act-1948","history":"/api/acts/south-fremantle-oil-installations-pipe-line-act-1948/history","analysis":"/api/acts/south-fremantle-oil-installations-pipe-line-act-1948/analysis","conflicts":"/api/acts/south-fremantle-oil-installations-pipe-line-act-1948/conflicts","importantCases":"/api/acts/south-fremantle-oil-installations-pipe-line-act-1948/important-cases","documents":"/api/acts/south-fremantle-oil-installations-pipe-line-act-1948/documents"}}