{"id":"western-port-steel-works-act-1970","name":"Western Port (Steel Works) Act 1970","slug":"western-port-steel-works-act-1970","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174531,"registerId":"vic-western-port-steel-works-act-1970-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Western Port (Steel Works) Act 1970","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nWestern Port (Steel Works) Act 1970\nAct No. 7950/1970\nVersion incorporating amendments as at 17 August 2001\nTABLE OF PROVISIONS\nSection Page\n1. Short title and commencement 2\n2. Definition 2\n3. Ratification of Agreement 2\n4. Grant of lease easement licence or other authority 3\n4A. Variation of Agreement 4\n5. Amendment of Marine Act 1958 6\n__________________\nTHE SCHEDULE 7\n═══════════════\nENDNOTES 25\n1. General Information 25\n2. Table of Amendments 26\n3. Explanatory Details 27\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nWestern Port (Steel Works) Act 1970\nAct No. 7950/1970\nVersion incorporating amendments as at 17 August 2001\nAn Act to ratify approve and otherwise give effect to an\nAgreement between the Premier for and on behalf of the State of\nVictoria and John Lysaght (Australia) Limited with respect to\nthe Establishment in Western Port of Steel Works for the\nProduction of Iron and Steel and other Products, to authorize the\nConstruction of certain Port Facilities, to make Provision with\nrespect to the Reclamation of certain Land and for other\npurposes.\nPreamble\nWHEREAS John Lysaght (Australia) Limited a\nCompany incorporated in the State of New South\nWales and registered as a foreign company in the\nState of Victoria desires to establish an integrated\nsteel works on certain lands at Western Port:\nAND WHEREAS the operation of the steel works\nrequires the establishment of adequate port\nfacilities in Western Port:\nAND WHEREAS an Agreement to facilitate the\nestablishment of the steel works and port facilities\nhas been entered into between the Premier of the\nState of Victoria and John Lysaght (Australia)\nLimited:\nAND WHEREAS the Agreement is expressed to\nbe subject to ratification by the Parliament of\nVictoria:\nAND WHEREAS it is expedient in the public\ninterest to ratify validate approve and otherwise\ngive effect to the Agreement and to make other\nprovisions as hereinafter provided:\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n2\nBE IT THEREFORE ENACTED by the Queen's Most\nExcellent Majesty by and with the advice and consent of the\nLegislative Council and the Legislative Assembly of Victoria\nin this present Parliament assembled and by the authority of\nthe same as follows (that is to say):\n1. Short title and commencement\n(1) This Act may be cited as the Western Port (Steel\nWorks) Act 1970.\n(2) This Act shall come into operation on a day to be\nfixed by proclamation of the Governor in Council\npublished in the Government Gazette.\n2. Definition\n(1) In this Act unless inconsistent with the context or\nsubject-matter—\n(a) \"the Agreement\" means the Agreement a\ncopy of which is set out in the Schedule and\nincludes the Agreement as varied from time\nto time; and\n(b) expressions used in this Act have the\nmeanings respectively assigned to them in\nthe Agreement.\n(2) This Act shall bind the Crown.\n3. Ratification of Agreement\n(1) The Agreement is hereby ratified validated\napproved and given effect.\n(2) The following provisions of this sub-section shall\nbe read as in aid of and not in derogation from the\nprovisions of sub-section (1)—\n(a) the Premier and Ministers of the State of\nVictoria and all public statutory corporations\nand all officers concerned are hereby\nempowered to carry out the Agreement and\nto enter into such agreements and to give\ns. 1\nS. 2(1)(a)\namended by\nNo. 82/1995\ns. 199.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n3\nsuch approvals as are provided for by the\nAgreement;\n(b) the Agreement shall take effect\nnotwithstanding anything in any other Act or\nin any proclamation regulation Order in\nCouncil by-law lease licence authority\npermit or agreement under any other Act and\nevery Act proclamation regulation Order in\nCouncil by-law lease licence authority\npermit or agreement shall by virtue of this\nAct be deemed to be modified to the extent\nnecessary to give full force and effect to the\nAgreement but not further or otherwise and\nshall be read and construed and take effect\naccordingly;\n(c) the provisions of the Agreement relating to\nthe revocation of part of the temporary\nreservation of land for public purposes\nreferred to in paragraph (j) of sub-clause (1)\nof clause 5 of the Agreement shall by force\nof this Act and without further authority take\neffect.\n4. Grant of lease easement licence or other authority\nNotwithstanding anything to the contrary in any\nother Act lease licence proclamation reservation\ndeclaration or dedication of or with respect to any\nunalienated land of the Crown the Governor in\nCouncil may upon such conditions as he thinks fit\ngrant to the Company any lease easement licence\nor other authority necessary or expedient to enable\nthe Company to develop the Reclamation Area or\nany land owned by the Company in the vicinity of\nthe Reclamation Area.\ns. 4\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n4\n4A. Variation of Agreement\n(1) The Agreement may be varied by agreement\nbetween the Premier of Victoria and the Company\nwith the approval of the Governor in Council by\nOrder in Council containing particulars of the\nvariation published in the Government Gazette.\n(2) Unless and until each House of Parliament passes\na resolution in accordance with sub-section (6)\ndisallowing an Order in Council varying the\nAgreement, the provisions of the agreement\nmaking the variation shall have the force of law\non and after the date on which the order was\npublished in the Government Gazette as though\nthe provisions of the agreement were expressly\nenacted in this Act.\n(3) An Order in Council made under sub-section (1)\nmust, on publication in the Government Gazette,\nbe judicially noticed and that publication is\nconclusive evidence of the variation to the\nAgreement set out in the Order.\n(4) A copy of each Order in Council made under sub-\nsection (1) must be laid before both Houses of\nParliament on or before the sixth sitting day after\nthe publication of the Order in the Government\nGazette.\n(5) An Order in Council made under sub-section (1)\nis disallowed if each House of Parliament passes a\nresolution in accordance with sub-section (6).\n(6) A resolution to disallow an Order in Council made\nunder sub-section (1) is passed in accordance with\nthis sub-section if—\n(a) notice of the resolution is given in each\nHouse of the Parliament on or before the\n18th day on which that House sits after the\nOrder in Council is laid before that House;\nand\nS. 4A\ninserted by\nNo. 82/1995\ns. 200.\ns. 4A\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n5\n(b) the resolution is passed on or before the 12th\nday on which that House sits after the notice\nof resolution has been given in that House.\n(7) The power of each House to pass a resolution\ndisallowing an Order in Council under this section\nis not affected by the prorogation or dissolution of\nthe Parliament or of either House of the\nParliament or of either House of the Parliament\nand, if there is such a prorogation or dissolution,\nthe calculation of days on which a House has sat\nmust be made as if there had been no such\nprorogation or dissolution.\n(8) Notice of a resolution to disallow an Order in\nCouncil may be expressed to apply to all or any\npart of the particulars of the variation contained in\nthe Order in Council and a resolution to disallow\nall or any part of those particulars shall take effect\naccording to its tenor.\n(9) If a resolution is passed disallowing part only of\nthe particulars of the variation contained in an\nOrder in Council, the particulars not disallowed\nshall be of no effect unless and until each of the\nPremier of Victoria and the Company gives notice\nto the other expressing an intention to be bound by\nthe particulars not disallowed, or by part of those\nparticulars, and, if notice is so given, the\nparticulars, or part of the particulars, take effect\naccordingly.\n(10) If an Order in Council is disallowed by Parliament\nin accordance with sub-section (6), the\ndisallowance has the like effect to the repeal of an\nenactment.\n(11) This section is in addition to and not in derogation\nfrom the power conferred by the Agreement for\nthe Premier of Victoria and the Company to enter\nagreements and arrangements for better giving\neffect to the provisions of the Agreement.\ns. 4A\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n6\n5. Amendment of Marine Act 1958\nIn section 7 of the Marine Act 1958 for the words\n\"all public wharfs\" there shall be substituted the\nwords \"all public and private wharfs\".\n__________________\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n7\nTHE SCHEDULE\nTHIS AGREEMENT is made the 19th day of December One Thousand Nine\nHundred and Sixty-nine BETWEEN The Honourable Sir HENRY EDWARD\nBOLTE in his capacity as the Premier for the time being of the State of\nVictoria and for and on behalf of the said State of the one part and JOHN\nLYSAGHT (AUSTRALIA) LIMITED a Company incorporated under the\nCompanies Act of the State of New South Wales, the registered office of\nwhich in the State of Victoria is situate at 70 Clarendon Street, South\nMelbourne (hereinafter called \"the Company\") of the other part.\nWHEREAS:\nI. The Company desires to establish on the western shore of Western Port\na plant for the production of steel products and to be able to expand the\nsize and scope of operations at the Plant Site to include integrated steel\nworks for the production of iron and steel and other products.\nII. The State, for the purpose of furthering and promoting industrial\ndevelopment within the State and of encouraging the decentralization of\nindustry within the State, desires to facilitate the establishment of the\nPlant.\nIII. To accomplish the respective desires of the parties to this Agreement, it\nis necessary that certain grants rights and powers essential to the\nestablishment and operation of the Plant be made and conferred on the\nCompany.\nIV. The parties have entered into this Agreement to make and confer the\nsaid grants rights and powers and to provide for other matters.\nNOW IT IS HEREBY AGREED as follows:\nPART I—PRELIMINARY\n1. This Agreement shall be of no force or effect unless it is ratified\nvalidated approved and otherwise given effect by an Act of the\nParliament of Victoria on or before 31st March, 1970, or such later\ndate as is agreed between the parties to this Agreement.\n2. In this Agreement unless inconsistent with the context or subject-\nmatter—\n\"Associated Companies\" means subsidiary companies of the\nCompany, The Broken Hill Proprietary Company Limited\nand its subsidiary companies and Guest, Keen and\nNettlefolds Limited and its subsidiary companies;\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n8\n\"the Act\" means the Act of the Parliament of Victoria ratifying\nvalidating approving and otherwise giving effect to this\nAgreement;\n\"Chief Engineer\" means the Chief Engineer of Ports and Harbors\nfor the State of Victoria, or a person authorized by him in\nwriting to act for him either generally or in relation to any\nparticular matter under this Agreement;\n\"clause\" means clause of this Agreement;\n\"commencing date\" means the date on which the Act comes into\noperation;\n\"commissioning date\" means the date on which goods or\nmaterials in respect of which charges would be payable\nunder clause 6 are first received or dispatched over a wharf;\n\"Company\" means John Lysaght (Australia) Limited;\n\"foreshore\" means so much of the land temporarily reserved for\npublic purposes by Orders in Council dated 12th July, 1937\nand 14th August, 1963 and published in the Government\nGazette on 21st July, 1937 and 21st August, 1963\nrespectively as is within the Reclamation Area;\n\"Minister\" means the Minister of Public Works;\n\"the Plant\" means the facilities constructed or to be constructed\nin accordance with the provisions of this Agreement on the\nPlant Site and all additions and alterations to those facilities;\n\"Plant Site\" means—\n(a) lands within the area described in the First Schedule to\nthis Agreement which at the date of this Agreement\nare owned by the Company or by a subsidiary of the\nCompany;\n(b) any other lands owned by the Company or by a\nsubsidiary of the Company being lands within that\narea or not further than half a mile from the nearest\nboundary of that area which the Company acquires\nafter the date of this Agreement and which the\nCompany has by notice in writing to the Minister\ndeclared to be part of the Plant Site; and\n(c) the Reclamation Area;\n\"Reclamation Area\" means the area described in the Second\nSchedule to this Agreement;\n\"the State\" means the State of Victoria;\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n9\n\"wharf\" means—\n(a) except in clause 7 of this Agreement, a wharf jetty\nlanding place or berth constructed or to be constructed\nby the Company under this Agreement and additions\nor alterations to it and a wharf jetty landing place or\nberth acquired by the company under clause 7; and\n(b) in clause 7 of this Agreement, a wharf jetty landing\nplace or berth constructed by the State under that\nclause.\n3. The headings do not affect the interpretation of this Agreement.\nPART II—OBLIGATIONS OF THE COMPANY\n4. The Company covenants that it will—\n(a) complete as soon as possible and in any event not later than\n31st December, 1973 the construction of a part of the Plant\ncomprising a cold reduction mill and associated facilities\nfor the production of galvanized and uncoated steel sheet\nand coil in a variety of qualities and sizes and having a\nplanned initial capacity of not less than 500,000 tons per\nyear;\n(b) complete the construction of a part of the Plant comprising\na hot strip mill not later than 31st December, 1980, or such\nother date as is agreed between the parties to this\nAgreement;\n(c) in connexion with the construction maintenance operation\nand use of the Plant reclaim or complete the reclamation of\nthe Reclamation Area at its own cost and in a manner\napproved by the Minister and in accordance with plans and\nspecifications approved by him and also in accordance with\nthe law relating to the control of pollution and the\npreservation of marine life for the time being in force;\n(d) construct operate and maintain the Plant in accordance with\ngood industry practices, standards and specifications and in\naccordance with the law for the time being in force;\n(e) maintain the wharves in accordance with good industry\npractices standards and specifications and in accordance\nwith the law for the time being in force to the satisfaction of\nthe Chief Engineer; and\n(f) pay to the State the amounts required to be paid under this\nAgreement.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n10\nPART III—OBLIGATIONS OF THE STATE\n5. (1) The Premier on behalf of the State covenants that the State will—\n(a) by virtue of the Act (and without the necessity for any other\nauthority approval permit licence or consent other than any\nauthority approval permit licence or consent required under\nthe Town and Country Planning Act 1961 or the Local\nGovernment Act 1958 in connexion with the construction\noperation or maintenance of a building or structure)\nauthorize—\n(i) the performance by the Company of the covenants\ncontained in paragraphs (a) (b) and (c) of clause 4; and\n(ii) the Company to own and, subject to the Port Rules for\nthe time being applicable to Western Port, manage\nmaintain and control the wharves together with all\nloading shipping and handling facilities and\nequipment on the wharves and to have exclusive right\nto the wharves subject to the right of the Chief\nEngineer to enter on and inspect the wharves and\nloading shipping and handling facilities and\nequipment on the wharves;\n(b) authorize the Company at the cost of the Company to\nconstruct or extend a wharf or wharves the aggregate length\nof which does not exceed—\n(i) 3,000 feet before the commencement of the\nconstruction of a hot strip mill; or\n(ii) 4,000 feet after the commencement of the construction\nof a hot strip mill—\nsubject to and in accordance with plans and specifications\napproved by the Minister and at such place or places within and\nalong the eastern boundary of the Plant Site and within a distance\nof 4,000 feet from the south eastern corner of the Plant Site as is or\nare determined by the Company after consultation with the Chief\nEngineer or at such other place or places within and along the\neastern boundary of the Plant Site as is or are approved by the\nMinister;\n(c) if the Company has, before the date referred to in clause 12\nor before such later date as is determined by the Premier\nunder that clause, commenced the expansion of the Plant\nconstructed pursuant to paragraphs (a) and (b) of clause 4\nby commencing the construction and establishment of a\nfully integrated steel works for the production of steel—\nauthorize the Company at the cost of the Company to\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n11\nconstruct or extend subject to and in accordance with plans\nand specifications approved by the Minister a wharf or\nwharves at such place or places within and along the\neastern boundary of the Plant Site as is or are determined by\nthe Company after consultation with the Chief Engineer but\nso that the total length of the wharf or wharves constructed\nunder this paragraph and the last preceding paragraph shall\nnot exceed 10,500 feet;\n(d) upon reasonable notice being given to the Minister by the\nCompany, forthwith take steps to carry out at the cost of the\nState within such time as is agreed between the parties to\nthis Agreement such dredging as will provide such\napproach channels and berthing and turning areas as are\nfrom time to time reasonably required by the Company in\nconnexion with its wharves and operations on the Plant\nSite;\n(e) maintain such approach channels and berthing and turning\nareas as are provided under the last preceding paragraph, to\nthe depths to which they were dredged providing that the\nState shall not be responsible for removing spillage from\nvessels using the Company's wharves or for removing other\ndeposits caused by the operations of the Company on the\nPlant Site;\n(f) instal and maintain adequate navigation aids for day and\nnight navigation;\n(g) facilitate through the State Rivers and Water Supply\nCommission and ensure the provision to the Company at\nsuch points on the boundary of the Plant Site as are agreed\nbetween the Commission and the Company of an adequate\nsupply of water for the purposes of the construction and\noperation of the Plant;\n(h) provide such public roads connecting the Plant Site with the\nprincipal roads in the locality as are adequate for the\npurposes of the construction and commercial operation of\nthe Plant;\n(i) permit the Company—\n(i) to draw sea-water without charge from the Western\nPort and subject to any law relating to the discharge of\nsea-water into Western Port for the time being in force\nto discharge sea-water into Western Port for or in\nconnexion with its operations on the Plant Site and in\nconnexion with such withdrawal or discharge to instal\nstructures and outlets in accordance with plans and\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n12\nspecifications approved by the Minister on such part\nof the Plant Site as is agreed between the parties to\nthis Agreement; and\n(ii) subject to and in accordance with the law for the time\nbeing in force to discharge effluent other than sea-\nwater into Western Port;\n(j) revoke the temporary reservation of so much of the lands\ntemporarily reserved for public purposes by Orders in\nCouncil dated the 12th July, 1937 and 14th August, 1963\nand published in the Government Gazettes on 21st July,\n1937 and 21st August, 1963 respectively as is within the\nReclamation Area;\n(k) upon the surrender by the Company to the State of land or\nlands suitable for reservation as open spaces or for public\nrecreational purposes and having an aggregate area that is\nnot less than the area of the Foreshore, grant the Foreshore\nto the Company in fee simple:\nProvided that—\n(i) the grant shall be subject to the right of the State to\ndispose of material in such part or parts of the\nForeshore and in such manner as is agreed between\nthe Chief Engineer and the Company;\n(ii) the grant shall contain a covenant by the Company\nto reclaim the Foreshore in accordance with plans\nand specifications approved by the Minister but\nsubject to sub-paragraph (i) of this paragraph;\n(iii) the grant shall authorize the use of the Foreshore for\npurposes associated with the steel industry or for\nsuch other purposes as are from time to time\nauthorized by the Governor in Council and not\notherwise;\n(iv) the State shall not be required to grant access to the\nForeshore;\n(v) the Company shall pay the costs of any survey\nundertaken in connexion with the grant;\n(vi) the requirement to make a contribution to the\nAssurance Fund established under the Transfer of\nLand Act 1958 and the fees applicable to Crown\ngrants under the Land Act 1958 shall apply to the\ngrant; and\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n13\n(vii) the grant shall be subject to such other reasonable\ncovenants conditions reservations exceptions and\nprovisions as the Governor in Council thinks fit;\n(l) upon the Company being registered as proprietor of the\nland described in the certificates of title specified in Part I\nof the Third Schedule close and cause to become\nunalienated land of the Crown the road lying south of\nallotment 58 in the Parish of Tyabb;\n(m) upon the Company being registered as the proprietor of the\nland described in the certificates of title specified in Part II\nof the Third Schedule close and cause to become\nunalienated land of the Crown the road lying west of\nallotments 78C and 78D in the Parish of Tyabb;\n(n) authorize the Governor in Council to grant not later than\ntwo years after the date of this Agreement in fee simple to\nthe Company the Reclamation Area (other than the\nForeshore) for the consideration of $700,000 provided\nthat—\n(i) the Company shall pay the consideration by ten\nequal annual instalments, $70,000 being payable on\nthe date of the grant and $70,000 on the anniversary\nof that date in each of the succeeding nine years;\n(ii) the Company shall give the State such security for\nthe payment of the consideration as the State\nrequires;\n(iii) the grant shall be subject to the right of the State to\ndispose of material in such part or parts of the\nReclamation Area (other than the Foreshore) and in\nsuch manner as is agreed between the Chief\nEngineer and the Company;\n(iv) the grant shall contain a covenant by the Company\nto reclaim the Reclamation Area (other than the\nForeshore) in accordance with plans and\nspecifications approved by the Minister but subject\nto sub-paragraph (iii) of this paragraph;\n(v) the grant shall be subject to a condition that if any\npart of the Reclamation Area (other than the\nForeshore) is not reclaimed to the satisfaction of the\nMinister within a period of 99 years after the date of\nthis Agreement the grant as to any such part shall be\nrevoked and that part of the Reclamation Area (other\nthan the Foreshore) shall become unalienated land of\nthe Crown and the consideration paid by the\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n14\nCompany in respect of that part shall be repayable to\nthe Company;\n(vi) the grant shall authorize the use of the Reclamation\nArea (other than the Foreshore) for purposes\nassociated with the steel industry or for such other\npurposes as are from time to time authorized by the\nGovernor in Council and not otherwise;\n(vii) the State shall not be required to grant access to the\nReclamation Area (other than the Foreshore);\n(viii) the Company shall pay the costs of any survey\nundertaken in connexion with the grant;\n(ix) the requirement to make a contribution to the\nAssurance Fund established under the Transfer of\nLand Act 1958 and the fees applicable to Crown\ngrants under the Land Act 1958 shall apply to the\ngrant; and\n(x) the grant shall be subject to such other reasonable\ncovenants conditions reservations exceptions and\nprovisions as the Governor in Council thinks fit;\n(o) enable the Governor in Council to grant to the Company\nany title to or any easement right or privilege over any\nCrown land for any purposes which in his opinion are\nnecessary or expedient to facilitate the operations of the\nCompany;\n(p) permit the Company in such areas of Western Port used or\nto be used for navigation routes as are approved by the\nMinister to carry out such dredging operations as are\napproved by the Minister to enable the Company to obtain\nmaterial as fill for the Reclamation Area;\n(q) permit the Company in such manner and to such level as is\ndetermined by the Minister to deposit in an area or areas\nfrom time to time designated by the Minister after\nconsultation with the Company being such areas as are the\nclosest reasonably available and suitable areas to the Plant\nSite, 150,000,000 cubic yards of such waste materials as are\napproved by the Minister and are suitable for the purposes\nof reclaiming that area or those areas;\n(r) assist the Company to obtain to such area or areas as are\nfrom time to time made available to the Company under the\nlast preceding paragraph reasonable access by road or rail\nand any necessary services;\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n15\n(s) ensure that there shall be provided—\n(i) to the boundary of the Plant Site a suitable rail link\nby which rail facilities constructed by the Company\nat its cost within its boundaries may be connected to\nthe Victorian Railways network;\n(ii) adequate rail motive power and rolling stock and\nsuitable rail services to ensure the satisfactory\nmovement of materials products and equipment to\nand from the Plant;\n(iii) rail transportation services for the conveyance of\nemployés of the Company or its site contractors to\nand from the Plant—\nunder such conditions as are agreed between the Victorian\nRailways Commissioners and the Company;\n(t) facilitate through the State Electricity Commission of\nVictoria and ensure the provision to the Company and to\nany of the associated companies that are operating on the\nPlant Site at a point on the boundary of the Plant Site as is\nagreed between the Commission and the Company of an\nadequate supply of electricity for construction and\noperation purposes under such conditions and at such rates\nas are agreed between the Commission and the Company;\nand\n(u) authorize the Company and its associated companies to\ngenerate electricity for the requirements of the Company\nand its associated companies on the Plant Site and permit\nthe Company and its associated companies to use electricity\nso generated in parallel with the system operated by the\nState Electricity Commission on such terms and conditions\nas are agreed between the Company and the Commission.\n(2) Where the Company has given notice to the Minister under\nparagraph (d) of sub-clause (1) of this clause the Chief Engineer\nshall before the State enters into a contract for dredging referred to\nin the notice consult with the Company as to the terms and\nconditions of the proposed contract.\nPART IV—FINANCIAL\n6. (1) Subject to the provisions of this clause, the Company shall pay to\nthe State inward and outward wharfage charges on goods and\nmaterials received or dispatched over the wharves.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n16\n(2) Subject to the provisions of this clause the charges shall be\n20 cents per 20 hundredweights of goods or materials received or\ndispatched over the wharves.\n(3) The State may from time to time before the 1st of January, 2000,\nafter consultation with the Company, increase the charges by a\npercentage of 20 cents that is not greater than the percentage by\nwhich charges for general cargo in the port of Melbourne exceed\nthe amount of those charges at the commissioning date.\n(4) Where in any year after the commissioning date the aggregate of\nthe amount of the charges paid by the Company under the\npreceding provisions of this clause and under sub-clause (6) of\nclause 7 is less than the prescribed amount in respect of that year\nthe Company shall within 14 days after demand is made in writing\nto the Company by the Secretary for Public Works pay to the State\nthe amount by which the prescribed amount exceeds the amount of\nthose charges.\n(5) The prescribed amount in respect of a year is ten and one half per\ncentum of the sum of the amounts paid by the State for or with\nrespect to costs of dredging pursuant to the provisions of\nparagraph (d) of sub-clause (1) of clause 5 of this Agreement\nwithin the period of 20 years immediately preceding the end of\nthat year but in the first year after the commissioning date the\nprescribed amount shall not exceed $100,000.\n(6) On and after the 1st of January, 2000 the charges referred to in\nsub-clause (1) shall be such charges as are fixed from time to time\nby the State in accordance with the law for the time being in force\nrelating to the fixing of wharfage charges in Western Port.\n(7) Before fixing charges under sub-clause (6) the State shall consult\nwith the Company and shall have regard to comparable charges in\ncomparable ports in Australia.\n(8) The Company shall not be liable to pay charges in respect of goods\nor materials received or dispatched over the wharves in connexion\nwith the construction re-construction or alteration of wharves or\nthe Plant.\n(9) If the Company grants to a person other than a Company that is\none of the Associated Companies or that is for the purposes of sub-\nsection (5) of section 6 of the Companies Act 1961 deemed to be\nrelated to the Company the right to use the wharves the charges\nreferred to in sub-clause (1) payable by that person shall be the\nwharfage charges generally applicable to Western Port.\n(10) In this clause \"year\" means a period of twelve months\ncommencing on the commissioning date or on an anniversary of\nthe commissioning date.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n17\nPART V—GENERAL\n7. (1) The Company agrees that it will, subject to sub-clauses (2) and (3)\nof this clause, upon the request in writing of the Minister made at\nany time before the date referred to in clause 12 or such later date\nas is determined by the Premier under that clause—\n(a) authorize the State—\n(i) to erect a wharf or wharves at any place or places\nalong that part of the eastern boundary of the\nReclamation Area that is between the northern end\nof the eastern boundary and 1,500 feet south of the\nnorthern end;\n(ii) to reclaim such part or parts of the Reclamation Area\nin the vicinity of the part of the area referred to in\nthe last preceding sub-paragraph as is or are\nreasonably required by the State in connexion with\nthe erection or use of any wharf erected by it under\nthat sub-paragraph; and\n(iii) to occupy manage and control any wharf erected by\nit under sub-paragraph (i) of this paragraph and any\npart of the Reclamation Area which it has reclaimed\nunder the last preceding sub-paragraph; and\n(b) facilitate access by the State to such part or parts of the\nReclamation Area as is reasonably necessary in connexion\nwith the erection or use of any wharf erected by the State\nunder the last preceding paragraph or of any part of the\nReclamation Area reclaimed by the State under the last\npreceding paragraph.\n(2) A wharf erected by the State under sub-clause (1) of this clause\nshall be erected in accordance with plans and specifications agreed\nto by the Company and no contract in connexion with the erection\nof a wharf under sub-clause (1) of this clause shall be entered into\nby the State without the agreement of the Company.\n(3) The Company may, upon giving not less than three years' notice in\nwriting to the Minister, determine the right of the State to occupy\nmanage and control any wharf or any part of the Reclamation\nArea.\n(4) Upon the determination of the right of the State under sub-clause\n(3) the Company agrees to pay to the State an amount equal to the\ncurrent cost to the Company of erecting the wharf or wharves and\nstructures and of installing the equipment erected or installed by\nthe State with the approval of the Company pursuant to the\nprovisions of this clause less a fair allowance for depreciation of\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n18\nsuch wharf or wharves structure or equipment and in addition such\namount in respect of dredging carried out by the State in relation to\nthe use of the wharf or wharves as the parties have agreed shall be\npayable by the Company on the determination of the right of the\nState as aforesaid.\n(5) The Company shall not be required to reclaim the whole or any\npart of the Reclamation Area in respect of which it has given rights\nto the State under this clause unless the parties to this Agreement\notherwise agree.\n(6) Unless the parties to this Agreement otherwise agree the Company\nshall be entitled to use a wharf or wharves constructed by the State\nunder this clause in connexion with its operations on the Plant Site\nsubject to the payment of such wharfage charges as are from time\nto time payable in respect of goods and materials received or\ndispatched over its wharves under clause 6.\n(7) Upon ceasing to occupy manage and control a part of the\nReclamation Area under this clause the State shall remove any\nstructures or equipment erected or installed in the area by the State\nnot being structures or equipment to which sub-clause (4) of this\nclause applies.\n(8) No charges shall be payable to the Company by the State in\nrespect of any right given to it by the Company under this clause.\n8. Without affecting the liability of the parties to each other under\nthis Agreement each party shall have the right to entrust to other\npersons from time to time the performance of such portion or\nportions of its obligations and operations authorized under this\nAgreement as it considers expedient.\n9. (1) Except as provided under this clause the Company shall not assign\nor otherwise deal with this Agreement or any part of this\nAgreement.\n(2) The Company may assign the whole or any part of this Agreement\nto a company which is one of the Associated Companies or to a\ncorporation which for the purposes of sub-section (5) of section 6\nof the Companies Act 1961 is deemed to be related to the\nCompany.\n(3) The Company may assign this Agreement or any part of this\nAgreement otherwise than is provided in sub-clause (2) with the\nconsent in writing of the Premier which consent shall not be\nunreasonably withheld and subject to such reasonable conditions\nas the Premier thinks fit.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n19\n10. This Agreement is made subject to any delay in the performance of\nany obligation under this Agreement which is occasioned by or\narises from circumstances beyond the power and control of the\nparty responsible for the performance of such obligation,\nincluding, but without limiting the generality of the foregoing,\ndelay caused by or arising from act of God, act of war, force\nmajeure, act of public enemies, strikes, lock-outs, stoppages,\nrestraint of labour, whether partial or general, shortage of essential\nmaterials, reasonable failure to secure or delays or contractors,\nriots and civil commotion and a failure by either party to perform\nits obligations for any such reason shall not be deemed a breach of\nthis Agreement and such obligations shall be performed within a\nreasonable period following the cessation of the circumstances\nwhich so delayed performance.\n11. The parties hereto may from time to time enter into agreements or\narrangements with each other for better giving effect to the\nprovisions of this Agreement.\n12. (1) If the Company fails to expand the plant constructed pursuant to\nparagraphs (a) and (b) of clause 4 by commencing before the date\nreferred to in sub-clause (2) of this clause the construction and\nestablishment of a fully integrated steel works for the production\nof steel the Premier may by notice in writing require the Company\nto surrender a part or parts of the Reclamation Area which is or are\nin the aggregate not more than one-half of the Reclamation Area\n(other than the Foreshore) and which have in the aggregate a\nfrontage to Western Port which bears the same proportion to\n10,500 feet as the area required to be surrendered bears to the area\nof the Reclamation Area (other than the Foreshore) for a\nconsideration to be paid by the State of $750 per acre so\nsurrendered and if the State so requires grant to the State\nreasonable access to the land so surrendered and the Company\nshall forthwith comply with the requirements.\n(2) The date for the purposes of sub-clause (1) of this clause is\n31st December, 1985 or where the Premier is satisfied that the\nCompany has taken all reasonable steps to commence the\nexpansion of the Plant as referred to in sub-clause (1) before that\ndate but has not so commenced the expansion, such later date as is\ndetermined by the Premier.\n13. If the Company—\n(a) enters into liquidation (other than a voluntary liquidation\nfor the purpose of reconstruction); or\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n20\n(b) delays the commencement of the performance of its\nobligations under this Agreement beyond the period of one\nyear from the commencing date for any cause other than\none or more of those specified in clause 10 hereof;\n(c) fails to comply with any of its obligations under clause 4\nhereof for any cause other than one or more of those\nspecified in clause 10 hereof; or\n(d) abandons or repudiates this Agreement—\nthe Premier may by notice in writing determine this Agreement but\nsuch determination shall not affect the enforcement of any right,\nobligation or liability theretofore accrued or incurred.\n14. If there be any difference or dispute between the parties hereto in\nrespect of any matter arising out of or in connexion with this\nAgreement either party may give notice to the other of the\ndifference or dispute and if the difference or dispute is not settled\nwithin one month after service of the notice—\n(a) that matter shall be referred to two arbitrators one such\narbitrator to be appointed by each party to this Agreement;\nand\n(b) the provisions of the Arbitration Act 1958 (in particular\nthe provision allowing arbitrators to appoint an umpire)\nshall apply to the reference as if it were a reference by\nconsent under that Act.\n15. Any notice consent or other writing authorized or required by this\nAgreement to be given or sent shall be deemed to have been duly\ngiven or sent by the State if signed by the Premier or other\nMinister of the Crown acting on his behalf and forwarded by\nprepaid post to the registered office of the Company in the State or\nto such other office of the Company in Australia as the Company\nby notice in writing to the Secretary of the Premier's Department\nfrom time to time nominates and by the Company if signed by a\ndirector or the Secretary of the Company, and forwarded by\nprepaid post to the Premier and any such notice consent or writing\nshall be deemed to have been received on the day on which it\nwould be delivered in the ordinary course of post.\n16. This Agreement shall be interpreted according to the laws for the\ntime being in force in the State.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n21\nIN WITNESS whereof the parties hereto have executed this Agreement the\nday and year first above written.\nSigned sealed and delivered by the said SIR\nHENRY EDWARD BOLTE in the presence\nof MURRAY VICTOR PORTER.\nMurray Porter\n\n\n\nHenry Bolte.\nThe Common Seal of John Lysaght\n(Australia) Limited was hereto affixed in the\npresence of\nE. B. Gosse.\nD. R. Ricard.\n\n\n\nE. B. Gosse.\nD. R. Ricard.\n__________________\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n22\nFIRST SCHEDULE\nCommencing at a point in the County of Mornington where the eastern\nextremity of Bayview Road intersects the Foreshore on the western shore of\nWestern Port thence in a westerly direction along the northern side of\nBayview Road to the intersection of Bayview Road and the Frankston-\nFlinders Road thence in a northerly direction along the eastern side of the\nFrankston-Flinders Road to the intersection of the Frankston-Flinders Road\nand Denham Road thence in an easterly direction along the southern side of\nDenham Road to the intersection of Denham Road and McKirdys Road\nthence in a northerly direction along the eastern side of McKirdys Road to\nthe intersection of McKirdys Road and the northern boundary of Crown\nAllotment Number 55A thence in an easterly direction along the northern\nboundary of Crown Allotment Number 55A to the point of intersection of the\nnorthern boundary of Crown Allotment Number 55A and the western\nboundary of Crown Allotment Number 56 thence in a northerly direction\nalong the western boundary of Crown Allotment Number 56 to the\nintersection of the western boundary of Crown Allotment Number 56 and the\nsouthern side of Pikes Road thence in an easterly direction along the southern\nside of Pikes Road to the intersection of Pikes Road and Whitney's Road\nthence in a southerly direction along the western side of Whitney's Road to\nthe intersection of Whitney's Road and the Foreshore on the western shore of\nWestern Port thence in a southerly direction along the western boundary of\nthe Foreshore on the western shore of Western Port to the point of\ncommencement.\n__________________\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n23\nSECOND SCHEDULE\nIn Western Port, Parish of Tyabb, commencing from a point whose\nTransverse Mercator Co-ordinates, Zone O are North 975,222 feet, East\n1,226,237 feet run North by a line on grid bearing 0° 0′ for a distance of\n910 feet, thence by a line on grid bearing of 37° 0′ for a distance of\n9,590 feet, thence by a line which joins this point to the south-eastern angle\nof Crown Allotment 58 at Whitney's Road, thence generally south-westerly\nby following the western boundary of the Public Purposes Reserve adjacent\nto Allotment 58, Denham Road, Allotment 74, Allotment 75B and Allotment\n75D to a point defined by the intersection of the eastern boundary of\nAllotment 75D with a line to the north of Bayview Road, which is drawn\nparallel to and 66 feet away from its northern alignment thence by a line to\nthe point of commencement.\nIn this description Projection Origin of Zone O, Transverse Mercator is\n144° 58′ 26\" ⋅6948 Longitude East and the Equator. The Origin for\nco-ordinates in this Zone is established at a point 1,153,521⋅56 feet west of\nthe projection origin and 14,887,059⋅19 feet south of the projection origin.\n__________________\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n24\nTHIRD SCHEDULE\nPART 1\nCertificate of Title Volume 8608 Folio 019\n,, ,, ,, 8608 ,, 020\n,, ,, ,, 8608 ,, 021\n,, ,, ,, 8608 ,, 022\n,, ,, ,, 8608 ,, 023\n,, ,, ,, 8608 ,, 024\n,, ,, ,, 8608 ,, 025\n,, ,, ,, 3723 ,, 548\n,, ,, ,, 8101 ,, 500\n,, ,, ,, 8260 ,, 134\n,, ,, ,, 4049 ,, 692\n,, ,, ,, 4049 ,, 693\nPART II\nCertificate of Title Volume 5836 Folio 067\n,, ,, ,, 6011 ,, 081\n,, ,, ,, 5346 ,, 096\n,, ,, ,, 3843 ,, 446\n,, ,, ,, 7501 ,, 116\n,, ,, ,, 4459 ,, 752\n,, ,, ,, 6790 ,, 818\n,, ,, ,, 4459 ,, 753\n,, ,, ,, 4459 ,, 751\n═══════════════\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n25\nENDNOTES\n1. General Information\nThe Western Port (Steel Works) Act 1970 was assented to on 7 April 1970\nand came into operation on 30 April 1970: Government Gazette 29 April\n1970 page 1142.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n26\n2. Table of Amendments\nThis Version incorporates amendments made to the Western Port (Steel\nWorks) Act 1970 by Acts and subordinate instruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nPort Services Act 1995, No. 82/1995\nAssent Date: 28.11.95\nCommencement Date: Ss 199, 200 on 14.12.95: Government Gazette\n14.12.95 p. 3488—see Interpretation of Legislation\nAct 1984\nCurrent State: This information relates only to the provision/s\namending the Western Port (Steel Works) Act 1970\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7950/1970\nWestern Port (Steel Works) Act 1970\n27\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1970 Act was a straightforward ratification of a specific steelworks development agreement with John Lysaght. The 1995 amendment (section 4A) significantly expanded the Act's scope by creating a permanent statutory mechanism for varying the Agreement without new primary legislation. Originally, any material change to the deal would have required a new Act. Now, the Premier can vary the Agreement by Order in Council subject to parliamentary disallowance. This transforms the Act from a one-off transaction into an ongoing legislative framework for managing a long-term commercial relationship."},"complexity_factors":["The Schedule contains a full commercial contract with 16 clauses, multiple sub-clauses, and detailed technical schedules (land descriptions with survey coordinates)","Nested conditional obligations: Clause 5(1)(c) wharf construction rights depend on the company commencing 'integrated steel works' expansion, which triggers further conditions in Clause 12 regarding potential surrender of land if expansion doesn't happen","Cross-referencing between the Act and the Agreement: Section 2 makes expressions in the Act take meanings from the Agreement, creating interdependence","Section 4A (1995 amendment) contains complex disallowance mechanics: 11 sub-sections setting out parliamentary scrutiny timelines (6th sitting day, 18th day, 12th day calculations), partial disallowance scenarios, and prorogation/dissolution survival rules","Multiple defined terms in the Agreement (12 definitions in Clause 2 alone) including recursive definitions like 'Associated Companies' and 'Plant Site'","Financial formula complexity in Clause 6: Calculated wharfage charges with percentage increases tied to Melbourne port rates, minimum annual payments ('prescribed amount') based on 10.5% of 20-year dredging costs, and CPI-style adjustments","Land tenure mechanics: Mix of fee simple grants, reclamation covenants, 99-year revocation conditions, and surrender provisions with specific consideration ($750/acre)"],"plain_english_summary":"This is a Victorian law from 1970 that rubber-stamps a deal between the Victorian Government and a steel company called John Lysaght (Australia) Limited. The company wanted to build a massive steelworks at Western Port (near Hastings, Victoria), and this Act makes that deal legally binding.\n\n**What the law does:**\n\n*   **Ratifies the Agreement**: It gives legal force to a detailed contract (set out in the Schedule) where the State promises land, port facilities, roads, rail, water, and electricity to help the company build and run the steelworks.\n*   **Overrides other laws**: It says the Agreement trumps any other Victorian law that might get in the way. If there's a conflict, this Agreement wins.\n*   **Lets the Government grant land**: It allows the Governor in Council (the State's executive decision-maker) to lease or sell Crown land to the company for the project, even if that land is currently reserved for other purposes.\n*   **Allows changes to the deal**: Added in 1995, section 4A lets the Premier and the company change the Agreement, but Parliament can veto those changes within a specific timeframe.\n*   **Tiny amendment to shipping law**: It tweaks the Marine Act 1958 to include private wharves (not just public ones) in a particular section.\n\n**Who it affects:**\n\n*   **John Lysaght (Australia) Limited** (now part of BlueScope Steel): They get massive government support to build what became the Western Port steelworks.\n*   **The Victorian Government**: Committed to building infrastructure (dredging channels, roads, rail lines) and supplying utilities.\n*   **Local community**: The deal involves reclaiming land from the sea, closing public roads, and changing land reservations.\n\n**Why it matters:**\n\nThis is a classic example of a \"state development agreement\" from the era of big industry. It shows how governments used to attract major manufacturing by offering land, infrastructure, and legal privileges. The Act is essentially a private contract given the force of public law. The 1995 amendment (section 4A) is significant because it added a modern parliamentary oversight mechanism—allowing the deal to be varied without passing a whole new Act, but giving Parliament a chance to block changes."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This version departs from the original one‑off ratification model by adding an executive variation procedure (s.4A) that lets the Premier and the Company vary the Agreement by Order in Council, subject to parliamentary disallowance. That change materially expands the means by which the Agreement can be altered without requiring a new Act of Parliament. In addition, s.5 broadens the scope of the Marine Act 1958 to cover private wharfs, bringing privately‑owned wharves (such as those constructed by the Company) within statutory marine regulation. Both changes increase administrative flexibility and regulatory reach compared with the Agreement's original simple ratification and implementation model."},"complexity_factors":["Long Schedule that incorporates a detailed commercial agreement (many clauses with operational, financial and land grant mechanics)","Multiple defined terms used across the Act and Schedule (e.g. \"Plant Site\", \"Reclamation Area\", \"wharf\", \"commissioning date\")","Cross‑references to other statutes and instruments (Marine Act 1958, Transfer of Land Act 1958, Land Act 1958, Town & Country Planning Act 1961, Local Government Act 1958 and later Port Services Act 1995 amendment)","Conditional and phased obligations and deadlines (construction milestones with rigid dates and extension provisions, cl.4, cl.12)","Layered financial formulas and fallback mechanisms (fixed wharfage rate to 2000, index/increase rules, post‑2000 State‑fixed charges, prescribed minimum payment tied to prior 20 years dredging costs cl.6(3)-(5))","Executive variation mechanism with parliamentary disallowance (s.4A) — adds procedural complexity and time‑bound parliamentary steps","Detailed land‑title mechanics and long technical land descriptions (First/Second/Third Schedules) including revocation and reversion conditions (e.g. 99‑year reclaim satisfaction condition)","Delegated approvals and discretion (Minister, Chief Engineer, Governor in Council) with multiple consultation requirements","Multiple exceptions and special rules (e.g. rights to draw/ discharge seawater subject to pollution law, specific assignment restrictions for Associated Companies)"],"plain_english_summary":"**What this law does (mechanically)\n\n- Ratifies and gives legal force to a written Agreement between the State of Victoria and John Lysaght (Australia) Limited for the establishment of an integrated steelworks at Western Port (see s.3 and the Schedule).  The Agreement is incorporated into the Act and its defined terms apply throughout (s.2(1)(a)).\n\n- Authorises the State (through the Governor in Council and Ministers) to grant the company leases, easements, licences or other authorities over Crown land needed to develop the reclamation area and adjacent lands, notwithstanding other laws that would otherwise restrict such grants (s.4 and s.3(2)(a)-(b)).\n\n- Sets out detailed reciprocal obligations in the Agreement (in the Schedule): the company must build specified parts of the plant by set dates, carry out reclamation of the foreshore/reclamation area at its cost and maintain wharves and plant to statutory and industry standards (Schedule, Part II — clauses 4 and 4(c)-(f)).  The State must authorise and facilitate the company’s works and provide a range of public inputs (Schedule, Part III — clause 5), including: approval powers, permission to construct and use wharves, dredging and maintenance of channels (initially at State cost), water, road and rail connections, electricity supply arrangements, and land grants on stated terms (Schedule, clause 5(a)-(u)).\n\n- Fixes financial arrangements for port use: a specific wharfage charge formula (20 cents per 20 hundredweights) applies until 1 January 2000 with a mechanism to increase the charge in line with Melbourne general-cargo charges up to that date; after 2000 the State may fix charges by law after consultation (Schedule, Part IV — clause 6).  The Agreement also contains a minimum payment top-up mechanism tied to a percentage (10.5%) of State dredging costs (cl.6(4)-(5)).\n\n- Provides land‑title and reclamation mechanics: the State may grant the reclamation area (other than the foreshore) to the company in fee simple on payment terms and subject to covenants, revocation conditions and reservations (Schedule, clause 5(n)); the foreshore may be granted on surrender of public land for open space subject to conditions (Schedule, clause 5(k)).\n\n- Allows the State to require the company to give the State rights to part of the reclamation area and for the State to build wharves in certain parts; the company can later terminate the State’s occupation of those parts on notice and must then pay a valuation-based amount (Schedule, clause 7).\n\n- Contains governance mechanics for variation and oversight: the Act (as amended) allows variations to the Agreement by Order in Council (executive order) with parliamentary oversight in the form of a disallowance procedure (s.4A).  Notices, dispute resolution (arbitration), assignment rules, force majeure and termination events are specified in the Agreement (Schedule, clauses 8–16 and 10, 13–14).\n\n- Amends the Marine Act 1958 so that references to \"all public wharfs\" become \"all public and private wharfs\", extending the statutory coverage to private wharfs (s.5).\n\nWho this affects and who pays\n\n- John Lysaght (Australia) Limited (the company): bears primary construction and reclamation costs, builds and maintains wharves and plant, pays specified wharfage charges and other financial obligations; may be required to surrender parts of reclaimed land if expansion deadlines are not met (Schedule, clauses 4, 5(c), 6, 12).\n\n- The State of Victoria (Premier, Minister, Chief Engineer, Governor in Council, public authorities including rail, water and electricity agencies): gives approvals, may construct/maintain navigation channels and some wharves (initial dredging and maintenance obligations in cl.5(d)-(f)), grants interests in Crown land, provides infrastructure connections and can set or vary charges after consultation (Schedule, clauses 5, 6; ss.3–4, 4A).\n\n- Third parties: Associated companies of John Lysaght and certain related corporations are specifically accommodated for assignment and wharf use; other users of the company wharves pay general port charges (Schedule, clauses 9 and 6(9)).\n\nWhy it matters (practical effects, incentives and trade‑offs)\n\n- It converts a negotiated commercial development deal into statutory law, giving the company statutory certainty to invest in large‑scale reclamation, port works and plant construction (s.3 and Schedule).  That removes or overrides legal barriers in other Acts where necessary (s.3(2)(b)).\n\n- The company takes on large up‑front obligations (building plant and reclaiming land at its cost) and receives long‑term rights to use and potentially own reclaimed Crown land on defined financial terms (Schedule, cl.4 and cl.5(n)).  This concentrates substantial benefits on the company (land, wharf rights, operational exclusivity subject to port rules) while exposing it to construction, environmental and commercial risks (timelines, pollution law compliance cl.4(c),(d); cl.10 force majeure).  The State retains discretion to approve plans/specifications and to impose reasonable conditions on grants (Schedule, cl.4(c), cl.5(n)(vii)).\n\n- The State assumes certain up‑front public costs (dredging works and maintenance of channels, and providing infrastructure links initially) but recovers money through wharfage charges, conditional land consideration instalments and other contractually defined payments (Schedule, cl.5(d),(e),(s); cl.6).  The Agreement contains a mechanism that makes the company top up payments if wharfage receipts fall below a prescribed percentage of past State dredging costs (cl.6(4)-(5)); that ties the company’s payments indirectly to State capital dredging expenditure.\n\n- The variation mechanism (s.4A) delegates the power to vary the Agreement to the executive (Premier + Governor in Council) subject to a parliamentary disallowance process.  That materially changes how future changes can be made: variations can take legal effect by Order in Council unless both Houses disallow them within the specified timeframes, reducing the need for a fresh Act for each change but preserving parliamentary review by disallowance.\n\n- The Act expands the statutory concept of \"wharfs\" in the Marine Act to include private wharfs (s.5).  That brings company wharves within the scope of marine regulatory provisions that previously applied only to public wharfs.\n\nImplementation, compliance and administrative risks\n\n- Significant administrative discretion sits with the Minister, the Chief Engineer and the Governor in Council to approve plans/specifications, determine locations of works, set reasonable conditions on land grants, and approve dredging and works (Schedule, cl.4(c), cl.5(b),(d),(n),(o),(q)).  That discretion creates implementation risk for the company (possible delays or differing expectations) and requires the State to act reasonably (some consultees and approval steps are required by the Agreement).\n\n- The company must meet strict construction and timing milestones (clauses 4 and 12). Failure to meet those milestones can trigger surrender obligations, termination powers for the Premier, or other contractual remedies (Schedule, clauses 12 and 13).  Compliance costs include environmental controls, reclamation standards and statutory fees on Crown grants.\n\n- Long technical land descriptions, phased rights and conditional revocation clauses (e.g. 99‑year reclamation satisfaction condition in cl.5(n)(v)) create legal complexity for title, ongoing land management and future transfers.\n\nNet effect on private enterprise and markets (mechanical, not evaluative)\n\n- The company is given significant exclusive operational control of wharves associated with its plant subject to Port Rules and the Chief Engineer’s inspection rights (Schedule, cl.5(a)(ii)).  That may affect other users only insofar as the Agreement allows third‑party use at standard port rates (cl.6(9)).\n\n- The Act locks in a specific cost allocation: the company funds reclamation and most wharf construction while the State undertakes some dredging/infrastructure and regulatory approvals.  This allocation shapes the company’s incentives to use and develop the reclaimed land and wharf assets (Schedule, cl.5, cl.6).\n\nKey provisions to look at in the text\n\n- s.3 (ratification and primacy of the Agreement); s.4 (power to grant land interests despite other Acts); s.4A (Order in Council variation procedure added by later amendment); s.5 (Marine Act amendment).\n- Schedule — Part II (company obligations, cl.4), Part III (State obligations, cl.5), Part IV (financial terms and wharfage, cl.6) and Part V (general provisions: State wharves, assignment, force majeure, arbitration, cl.7–16)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available metadata only, there is no evidence of scope change from the original intent. The Act appears to remain in its 'as made' consolidated form with no visible amending legislation altering its purpose. Its scope — facilitating steel works development at Western Port — appears consistent with the original 1970 enactment."},"complexity_factors":["Insufficient full text provided to assess detailed complexity","Single-purpose industrial legislation typically involves straightforward authorisation mechanisms","1970s Victorian legislation may use archaic drafting language requiring interpretation","Potential interaction with modern planning and environmental laws adds some complexity","Historical industrial legislation may have unclear ongoing operational relevance"],"plain_english_summary":"The Western Port (Steel Works) Act 1970 authorised and facilitated a major steelworks development at Western Port Bay, granting special permissions and addressing planning and land-use matters for that project. It primarily affected industrial developers, local landowners and communities, and planning agencies.\n\nNow mainly of historical interest, the Act remains technically in force; consult the full text or legal advice for current applicability."}},"importantCases":[],"_links":{"self":"/api/acts/western-port-steel-works-act-1970","history":"/api/acts/western-port-steel-works-act-1970/history","analysis":"/api/acts/western-port-steel-works-act-1970/analysis","conflicts":"/api/acts/western-port-steel-works-act-1970/conflicts","importantCases":"/api/acts/western-port-steel-works-act-1970/important-cases","documents":"/api/acts/western-port-steel-works-act-1970/documents"}}