{"id":"texas-company-australasia-limited-private-act-1928","name":"Texas Company (Australasia) Limited (Private) Act 1928","slug":"texas-company-australasia-limited-private-act-1928","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110586,"registerId":"wa-texas-company-australasia-limited-private-act-1928-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Texas Company (Australasia) Limited (Private) Act 1928","content":"![Crest]()Western Australia\n\nTexas Company (Australasia) Limited (Private) Act 1928\n\nWestern Australia\n\nTexas Company (Australasia) Limited (Private) Act 1928\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 6\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. 7\n\n11. Offences 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\nTexas Company (Australasia) Limited (Private) Act 1928\n\nAn Act to grant to the Texas Company (Australasia) 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 Texas Company (Australasia), Limited, duly formed and registered as a limited company under the Companies Acts in New South Wales is seized and possessed of or entitled to use and possession of North Fremantle Town Lots 52 and 53, and part of Lots 45, 48, 49, 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 *Texas Company (Australasia) Limited (Private) Act 1928* 1.\n\n##### 2. Interpretation\n\nIn this Act, unless the context otherwise requires —\n\n  Company means the Texas Company (Australasia) Limited 2, and shall include its assigns:\n\n  Crown lands includes land vested in the Minister for Lands 3 or any other Minister or person on behalf of the Crown:\n\n  Local authority means within their respective jurisdictions the Mayor and Councillors of the Municipality of North Fremantle 4, the Commissioner of Railways 5, and the Fremantle Port Authority:\n\n  Railway has the meaning defined by the *Government Railways Act 1904*:\n\n  Street includes any street, highway, land, public road, thoroughfare, passage, footpath, pavement, or place within the area hereinafter defined:\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  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[Section 2 amended: No. 5 of 1999 s. 21.]\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 4, 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 vested in the Honourable the Minister for Railways or the Minister of the Crown administering the *Government Railways Act 1904* 6, for the time being respectively 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 4.\n\n[Section 3 amended: No. 5 of 1999 s. 21; No. 74 of 2003 s. 116.]\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 6 administering the Land Acts or the *Government Railways Act 1904*, or the *Port Authorities Act 1999*, respectively, subject to such conditions as the Minister 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 7.\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. Offences\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* 8, 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 4.\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 1931, 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 *Texas Company (Australasia) Limited (Private) Act 1928* 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| *Texas Company (Australasia) Limited (Private) Act 1928* | 1928 (19 Geo. V) | 28 Dec 1928 | 28 Dec 1928 |\n| *Decimal Currency Act 1965* | 113 of 1965 | 21 Dec 1965 | Act other than s. 4-9: 21 Dec 1965 (see s. 2(1));   s. 4-9: 14 Feb 1966 (see s. 2(2)) |\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| *Statutes (Repeals and Minor Amendments) Act 2003* s. 116 | 74 of 2003 | 15 Dec 2003 | 15 Dec 2003 (see s. 2) |\n| **Reprint 1: The *Texas Company (Australasia) Limited (Private) Act 1928* as at 1 Apr 2005** (includes amendments listed above) | | | |\n\n\n2 As at the date of this reprint the name of the company was Caltex Petroleum Pty Ltd.\n\n3 At the date this reprint was prepared the title of the Minister responsible for land administration was the Minister for Planning and Infrastructure.\n\n4 The Municipality of North Fremantle became part of the City of Fremantle on 1 Nov 1961.\n\nUnder the *Local Government Act 1995* Sch. 9.3, municipal districts existing as at 1 July 1996 continued as districts under that Act and municipalities continued as local governments. Under 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\n5 The former Commissioner of Railways has been replaced by the Public Transport Authority of Western Australia.\n\n6 As at the date this reprint was prepared the title of the Minister administering these Acts was the Minister for Planning and Infrastructure.\n\n7 At the date this reprint was prepared, the former Minister for Works was known as the Minister for Housing and Works.\n\n8 Repealed by the *Local Government Act 1960*, the relevant provisions of which were repealed by the *Local Government Act 1995*.\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":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: granting specific infrastructure powers to the Texas Company (now Caltex) for petroleum storage and distribution in the North Fremantle/Fremantle Port area. While amendments have updated institutional names (replacing 'Commissioner of Railways' with Public Transport Authority, updating Minister titles, adjusting for municipal mergers) and converted currency to decimal, these are technical modernisations rather than expansions of scope. The Act has not grown to cover additional activities, geographic areas, or companies."},"complexity_factors":["Short, single-purpose statute with only 17 sections","8 defined terms in a straightforward interpretation section","Simple conditional logic (primarily 'if X then Y' provisions without nested exceptions)","Limited cross-referencing (only references to 3-4 other Acts, mostly for definitions or context)","Clear procedural requirements (notice periods, plan deposits) without complex administrative frameworks","Amendments are minor and mechanical (updating monetary amounts, replacing defunct government bodies with modern equivalents, reflecting municipal mergers)"],"plain_english_summary":"This is a **private Act of the Western Australian Parliament** from 1928 that grants special powers to a specific company—originally called Texas Company (Australasia) Limited (now Caltex Petroleum Pty Ltd)—to build and operate oil and fuel storage facilities in North Fremantle and the Fremantle Port area.\n\n**What it does:**\n- **Allows the company to dig up streets and public land** to lay pipes, build storage tanks, and install equipment for storing and distributing petroleum products (oil, petrol, kerosene, etc.).\n- **Sets rules for construction:** The company must give 3 days' notice before digging, submit plans for approval, and restore any damaged roads or land quickly.\n- **Protects public infrastructure:** Local authorities (originally North Fremantle Council, the railways, and the port authority) can supervise the work, require changes to pipe locations, or step in if the company delays repairs.\n- **Creates offences:** It's illegal to tamper with the company's equipment, connect unauthorised pipes, or damage their works. Penalties apply for both the company (if it breaks rules) and the public (if they interfere with the infrastructure).\n- **Payment in lieu of rates:** Instead of paying standard council rates on its underground pipes, the company pays a fixed annual sum of $70 (indexed over time).\n\n**Who it affects:**\n- The company itself (now Caltex), which operates under these century-old powers.\n- Local and state government bodies responsible for roads, railways, and ports in the Fremantle area.\n- Residents and businesses in North Fremantle, whose streets could be dug up under this authority.\n\n**Why it matters:**\nThis is an example of **\"private legislation\"**—a law made for one specific company rather than the general public. While common in the early 20th century for infrastructure projects, modern governments typically use general planning and licensing laws instead. The Act remains in force but has been updated over time to reflect changes like decimal currency (1965), new port authority structures (1999), and the merger of North Fremantle into the City of Fremantle."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains narrowly focused on granting this named company rights to construct and operate petroleum storage and distribution works within a defined area and on imposing related obligations (notice, reinstatement, compensation, offences, a fixed annual payment). Subsequent amendments reflected in the reprint update references to modern departments and port authority arrangements and converted currency; they do not materially broaden the Act's substantive purpose or expand the kinds of powers granted. The area description does allow inclusion of port land and future acquisitions adjacent to North Fremantle (s. 3), but that feature appears in the original drafting rather than a later substantive expansion."},"complexity_factors":["Short, self-contained private Act (17 sections)","7 defined terms in the interpretation section (s. 2)","Several cross-references to other statutes and offices (Government Railways Act 1904; Port Authorities Act 1999; Land Acts; Minister for Works) increasing reading required","Conditional permissions and provisos (ministerial consent for Crown, railway, port works; emergency exception to notice (s. 4, s. 5))","A small number of monetary penalties and a fixed annual payment (ss. 7, 11, 14) that require minimal calculation","One temporal condition that could nullify the Act if works not commenced by a specified date (s. 17) — historically relevant","Administrative discretions (approval of plans, supervision, power to require relocation) but few multi-stage procedural layers"],"plain_english_summary":"**What this law does (mechanically)\n\n- Grants the Texas Company (Australasia) Limited (the Company — now known as Caltex Petroleum Pty Ltd) the legal right to build and operate storage tanks, pipelines, and other works for oil, liquid fuel, kerosene and related petroleum products within a defined area around North Fremantle and parts of the Fremantle port and adjoining Crown land (see s. 4 and s. 3).\n\n- Authorises the Company to open, break up and work in or under streets, Crown land, railways and wharves for laying mains, conduits and service pipes (s. 4(b)). Those powers are subject to ministerial or local authority consent where the work affects Crown land, railways or port land (s. 4 provisos).\n\n- Requires the Company to give at least 3 clear days' written notice and to deposit plans with the relevant Minister or local authority before breaking up streets, railways or wharves; in emergencies the Company may act first but must notify and submit plans as soon as possible afterward (s. 5).\n\n- Obliges the Company to reinstate and make good any street, railway or wharf it opens or disturbs, guard and light the works while open, carry away rubbish, and (if required) keep the reinstated area in good repair for 6 months (s. 6).\n\n- Creates penalties for failing to give notice or for delay in reinstating: up to $100 per offence plus $4 per day after notice (s. 7). The Minister or local authority may do the reinstatement and recover costs from the Company (s. 8).\n\n- Makes the Company liable for compensation for any damage caused in carrying out its works and for damage to the Company’s works caused by others (ss. 9 and 12).\n\n- Allows the Minister or local authority to require the Company to raise, sink or otherwise relocate its works; if the change is required because of the Company’s breach, the Company pays; otherwise the authority pays (s. 10).\n\n- Identifies specific offences (unauthorised connections to the Company's pipes; wilful or negligent damage; tampering with meters; installing fittings to take product without consent) with penalties up to $10 (s. 11).\n\n- Treats the Company’s underground mains and conduits as rateable land but replaces ordinary municipal rating with an annual payment of $70 to the North Fremantle Council (s. 14).\n\n- Provides for a deposit with the Treasurer under the private-bill rules and states the Act lapses if works have not commenced by 1 January 1931 (s. 16–17).\n\n**Who it affects\n\n- The Company (originally Texas Company (Australasia) Limited; reprinted name: Caltex Petroleum Pty Ltd) — the Act grants it construction, storage and distribution powers and imposes reinstatement, compensation and payment obligations (ss. 2, 4, 6, 9, 14).\n- Ministers and local authorities (Mayor & Councillors of North Fremantle, the Minister responsible for Lands, the Minister for Works, the Fremantle Port Authority and the body succeeding the Commissioner of Railways) — they receive notice, may supervise works, approve plans, impose conditions, and can require relocation or carry out reinstatement (ss. 2, 4, 5, 6, 8, 10).\n- Users of streets, railways, wharves and utilities and the general public — affected by temporary disturbances, safety risks while works are open, and the risk of delayed reinstatement (ss. 5–7).\n- Third parties who might damage the Company’s works or illicitly connect to them — subject to offences and liability to compensate (ss. 11–12).\n\n**Why it matters (stated purpose and practical effects)\n\n- Stated purpose: the preamble says storage and distribution works within the specified area would be of public and local advantage and that the Company proposes to construct them at its own expense.\n\n- Practical effects: the Act confers a private right to place and operate petroleum infrastructure under public land and streets, subject to administrative oversight and fixed financial obligations. It replaces ordinary municipal rating in respect of the Company’s mains with a fixed annual payment (s. 14). The Company bears the direct costs of construction, reinstatement, compensation for damage and any penalties for non-compliance (ss. 6, 7, 9, 10).\n\n**Costs, incentives and implementation mechanics (concrete, source‑grounded)\n\n- Who pays: the Company pays for construction, reinstatement, compensation for damage it causes, penalties for breaches, and, unless relocation is required for other reasons, the cost of altering or relocating its works when directed by authorities for reasons arising from the Company’s breach (ss. 4, 6, 7, 9, 10, 8).\n\n- Who decides: Ministers and local authorities approve plans and supervise (or may supervise) works, can require alterations and can themselves carry out reinstatement and recover costs (ss. 4–6, 8, 10). That creates administrative discretion over conditions attached to works and timing of inspections.\n\n- Behavioural effects on the Company: the Company gains secure access to place infrastructure under public land but must follow notification, approval and reinstatement procedures and accept a capped set of penalties and an annual payment in lieu of rates (ss. 4–7, 11, 14). The fixed annual payment ($70) replaces variable municipal rates for the relevant infrastructure, which changes the Company’s ongoing fiscal exposure (s. 14).\n\n- Compliance burden: the Company must prepare plans and notices, supervise safety requirements while works are open, and keep records necessary to respond to ministerial or council directions. The Act also allows authorities to require relocation — a potential future cost or operational constraint (ss. 5, 6, 10).\n\n- Trade-offs and risks: granting rights to place long-lived fuel infrastructure under streets and port land centralises benefits to the Company (commercial storage and distribution capacity) while distributing temporary public costs (disruption, reinstatement risk). Administrative oversight mitigates some operational risks but creates agency discretion over approvals and timing. The Act’s offences and compensation provisions provide legal remedies against third-party interference and for damage caused by the Company (ss. 9, 11, 12).\n\n**Key sections to consult for detail\n\n- Powers to construct and interfere with public land: s. 4\n- Notice and plan requirements: s. 5\n- Reinstatement duties and guarding/lighting: s. 6\n- Penalties and recovery of costs: ss. 7–8\n- Relocation on authority direction: s. 10\n- Offences and penalties: s. 11\n- Payment in lieu of rates (annual $70): s. 14\n- Time limit to commence works (historical): s. 17\n\n**Practical note on later references and names**\n- The Act has been reprinted and its express references to particular Ministers and bodies updated over time; modern readers should read ministerial and authority references (for railways and port land) as pointing to the contemporary statutory agencies that succeed the originally named offices (see compilation notes)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text is unavailable. No comparison between original intent and final form is possible."},"complexity_factors":["No legislative text is available — the source URL returns a 'page not found' error","Cannot assess complexity without access to the actual content","Score of 1 reflects absence of analysable material, not simplicity of the law itself"],"plain_english_summary":"This private Act from Western Australia (1928) applied specifically to Texas Company (Australasia) Limited — likely regulating that company’s corporate powers or authorising particular business activities. It affects only that firm (and successors) and matters now of mostly historical or archival interest, as the text is unavailable and the law is probably long superseded."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/texas-company-australasia-limited-private-act-1928","history":"/api/acts/texas-company-australasia-limited-private-act-1928/history","analysis":"/api/acts/texas-company-australasia-limited-private-act-1928/analysis","conflicts":"/api/acts/texas-company-australasia-limited-private-act-1928/conflicts","importantCases":"/api/acts/texas-company-australasia-limited-private-act-1928/important-cases","documents":"/api/acts/texas-company-australasia-limited-private-act-1928/documents"}}