{"id":"westernport-crib-point-terminal-act-1963","name":"Westernport (Crib Point Terminal) Act 1963","slug":"westernport-crib-point-terminal-act-1963","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174536,"registerId":"vic-westernport-crib-point-terminal-act-1963-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Westernport (Crib Point Terminal) Act 1963","content":"Version No. 016\n\n**Westernport (Crib Point Terminal) Act 1963**\n\n**No. 7018 of 1963**\n\nVersion incorporating amendments as at  \n25 October 2012\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title and commencement 2\n\n2 Definitions 2\n\n2A Objects of Act 4\n\n2B **Transport Integration Act 2010** 4\n\n3 Act to bind Crown 4\n\n4 Port facilities to vest in Port of Melbourne Authority 4\n\n5 Extinguishment of licence 5\n\n6 The authorised pipeline 5\n\n6A Construction of instruments relating to pipeline easements 5\n\n6B Interpretation of plans 6\n\n6C Documents to be lodged before statutory easement created 7\n\n6D Plans—statutory easement 9\n\n6E Approval of easements and covenants 9\n\n6F Effect of Order 10\n\n6G Responsibilities to cease in certain circumstances 11\n\n6H Certain rules about easements and covenants not to apply 12\n\n6I When can the route of the authorised pipeline be changed? 12\n\n6J Variation of easement or covenant 13\n\n6K Other easements and rights not affected 15\n\n6L Amendment of records relating to title 16\n\n6M Easement and covenant not breach of agreement 17\n\n7–10 *Repealed* 17\n\n11 Power to open and break up streets etc. and temporarily stop traffic 18\n\n12 Company liable for damage 19\n\n13 Public statutory corporations to co-operate with the Company 19\n\n14 Crown not liable to make compensation 20\n\n15 No compensation payable in certain circumstances 20\n\n16 Supreme Court—Limitation of jurisdiction 20\n\n__________________\n\nSCHEDULES 21\n\nSCHEDULE 1—Route of authorised pipeline 21\n\nSCHEDULE 2—Authorised pipeline easements 22\n\nPart 1—Land Under Transfer of Land Act 1958 22\n\nPart 2—Land Registered Under Part 1 of the Property Law  \nAct 1958 24\n\nSCHEDULE 3—Freehold land to be burdened by the statutory  \neasement 25\n\nENDNOTES 26\n\n1. General Information 26\n\n2. Table of Amendments 27\n\n3. Explanatory Details 28\n\n**Version No.** **016**\n\n**Westernport (Crib Point Terminal) Act 1963**\n\n**No. 7018 of 1963**\n\nVersion incorporating amendments as at  \n25 October 2012\n\nAn Act to ratify validate approve and otherwise give Effect to an Agreement between the Premier for and on behalf of the State of Victoria and BP Refinery (Westernport) Proprietary Limited with respect to the Establishment at Crib Point in the State of Victoria of a Refinery to authorize the Construction of Port Facilities at Crib Point to authorize and make Provision with respect to the Construction of certain Pipelines from Crib Point and for other purposes.\n\nWHEREAS BP Refinery (Westernport) Proprietary Limited a company incorporated in the State of Victoria is desirous of establishing an oil refinery on certain lands at Crib Point:\n\nAND WHEREAS the operation of the oil refinery requires the establishment of adequate port facilities in Westernport:\n\nAND WHEREAS an agreement to facilitate the establishment of the said oil refinery and the said port facilities has been entered into between the Premier of the State of Victoria and the Company:\n\nAND WHEREAS the agreement is expressed to be subject to ratification by the Parliament of Victoria:\n\nAND WHEREAS it is expedient in the public interest to ratify validate approve and otherwise give effect to the said agreement and to make other provision as hereinafter enacted:\n\n**BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\n\t1 Short title and commencement\n\ns. 1\n\nS. 1(1) amended by No. 63/1994 s. 11(1).\n\n(1) This Act may be cited as the **Westernport (Crib Point Terminal) Act 1963**[[1]](#endnote-2).\n\n(2) This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.\n\nS. 2 substituted by No. 63/1994 s. 4.\n\n\t2 Definitions\n\n(1) In this Act—\n\n***authorised pipeline*** means a 200 millimetre nominal bore pipeline for the transmission of petroleum—\n\n(a) constructed in accordance with section 6; and\n\n(b) which the company has a permit to own and use and a licence to operate under the **Pipelines Act 1967**;\n\n***Central Plan Office*** means the Central Plan Office under the **Survey Co-ordination Act 1958**;\n\n***Company*** means Crib Point Terminal Pty. Ltd. and any person who is for the time being permitted to own and use the authorised pipeline under the **Pipelines Act 1967**;\n\n***petroleum*** means mineral oils or hydrocarbons of any kind and from whatever source, whether crude or refined, and includes—\n\n(a) petroleum feedstock; and\n\n(b) products obtained from petroleum; and\n\n(c) a mixture of petroleum or a petroleum product with another substance;\n\ns. 2\n\n***pipeline*** includes valves, apparatus, equipment, cathodic protection works and other works associated with a pipeline;\n\n***Port of Melbourne Authority*** means the Port of Melbourne Authority under the **Port of Melbourne Authority Act 1958**;\n\n***route*** in relation to the authorised pipeline means the route shown by a solid black line on the plans referred to in Schedule 1;\n\n***specified day*** means the date on which an order under section 6F comes into operation;\n\n***statutory covenant*** means obligations referred to in section 6F as varied and in force from time to time;\n\n***statutory easement*** means an easement created by section 6F as varied and in force from time to time.\n\n(2) A reference in this Act to a statement lodged under section 6C is a reference to such a statement as varied from time to time under section 6J.\n\n(3) If a new folio of the Register under the **Transfer of Land Act 1958** is created for all or any part of the land in a folio of the Register listed in column 1 of an item in Schedule 2, and an instrument listed in column 2 of that item applies to the land in that new folio, a reference in column 1 of that item to that old folio is deemed to be a reference to each new folio so created.\n\nS. 2A  \ninserted by No. 63/1994 s. 4.\n\n\t2A Objects of Act\n\nThe following are the objects of this Act—\n\n(a) to assist the development and operation of a terminal at Crib Point to receive, store and distribute petroleum, whether by pipeline or otherwise;\n\ns. 2A\n\n(b) for that purpose to provide for certain existing and new easements, for the construction and operation of certain pipelines, and for the vesting in the Port of Melbourne Authority of Crown land used for port facilities.\n\nS. 2B  \ninserted by No. 6/2010 s. 24(5)(Sch. 1 item 18) (as amended by No. 45/2010 s. 5).\n\n\t2B Transport Integration Act 2010\n\nThis Act is transport legislation within the meaning of the **Transport Integration Act 2010**.\n\n\t3 Act to bind Crown\n\nThis Act shall bind the Crown.\n\nS. 4 substituted by No. 63/1994 s. 5.\n\n\t4 Port facilities to vest in Port of Melbourne Authority[[2]](#endnote-3)\n\n(1) Subject to subsection (2), the land shown as an access and pipeline easement on Plan LEGL/94–6 lodged at the Central Plan Office vests in fee simple in the Port of Melbourne Authority.\n\n(2) Subsection (1) does not—\n\n(a) affect the status of any of the land shown as an access and pipeline easement on the plan referred to in subsection (1) as a road; or\n\n(b) transfer any property or right in the authorised pipeline to the Port of Melbourne Authority.\n\n(3) In subsection (1) ***land*** includes improvements (including port facilities) on land.\n\nS. 5 substituted by No. 63/1994 s. 5.\n\n\t5 Extinguishment of licence[[3]](#endnote-4)\n\n(1) Subject to subsection (2), on the vesting of the land referred to in section 4(1) in the Port of Melbourne Authority, any licence under section 138 of the **Land Act 1958** and referred to in section 4(1) of the **Westernport (Oil Refinery) Land Act 1990** is extinguished.\n\n(2) Subsection (1) does not affect any property or right in the authorised pipeline existing immediately before the commencement of this section.\n\nS. 6 substituted by No. 63/1994 s. 5.\n\n\t6 The authorised pipeline[[4]](#endnote-5)\n\n(1) The **Pipelines Act 1967** applies and, since its commencement, is deemed always to have applied to the authorised pipeline.\n\ns. 5\n\n(2) The authorised pipeline is not part of the land through which it runs, and is personal property.\n\nS. 6A  \ninserted by No. 63/1994 s. 5.\n\n\t6A Construction of instruments relating to pipeline easements\n\n(1) On the commencement of this section a reference in an instrument listed in column 2 of an item in Schedule 2—\n\n(a) to the **Westernport (Oil Refinery) Act 1963** or to the Schedule to the said Act is deemed to be a reference to the **Westernport (Crib Point Terminal) Act 1963**; and\n\n(b) to any agreement pursuant to the **Westernport (Oil Refinery) Act 1963** is deemed to be omitted from the instrument; and\n\n(c) to the Company (if there is no accompanying reference to its successors or transferees) is deemed to include a reference to the owner for the time being of the authorised pipeline.\n\n(2) If a consent was given by BP Refinery (Westernport) Pty. Ltd. or BP Australia Ltd under an instrument listed in column 2 of an item in Schedule 2 and is in force immediately before the commencement of this section, that consent has effect on and from that commencement as if given by the Company.\n\n(3) This section has effect despite anything to the contrary in an instrument listed in column 2 of Schedule 2 or in the Register under the **Transfer of Land Act 1958** or in any instrument registered under the **Property Law Act 1958**.\n\nS. 6B  \ninserted by No. 63/1994 s. 5.\n\n\t6B Interpretation of plans\n\n(1) Plan LEGL–94/3, referred to in Schedule 1, shows in general terms, by solid black line, the route of the authorised pipeline, and refers to the more particular description of that route in Plans LEGL–94/4.\n\ns. 6B\n\n(2) Plans LEGL–94/4, referred to in Schedule 1, show in detail the route of the authorised pipeline.\n\n(3) On the plans referred to in subsection (2) Crown land that is part of or adjoins the route of the authorised pipeline and—\n\n(a) is vested in the Public Transport Corporation, is coloured red; or\n\n(b) is reserved under the **Crown Land (Reserves) Act 1978**, is coloured blue; or\n\n(c) is a road, is coloured brown; or\n\n(d) is land not referred to in paragraphs (a) to (c), is coloured yellow.\n\nS. 6C  \ninserted by No. 63/1994 s. 5.\n\n\t6C Documents to be lodged before statutory easement created\n\n(1) The Company may prepare a written statement specifying—\n\n(a) the rights to be given to the person for the time being entitled to the benefit of a statutory easement; and\n\nS. 6C(1)(b) amended by 74/2000 s. 3(Sch. 1 item 144).\n\n(b) the obligations to be imposed on the owners for the time being of land to be burdened by a statutory easement in respect of the easement and any pipelines within it; and\n\n(c) the obligations of the person for the time being entitled to the benefit of a statutory easement with respect to the use of the easement and the protection of the land burdened by it and compensation or indemnity for damage arising out of that use; and\n\ns. 6C\n\n(d) that a statutory easement is to be created for access and pipeline purposes over the land shown as an access and pipeline easement on Plan LEGL/94–6 lodged in the Central Plan Office; and\n\n(e) that a statutory easement and statutory covenant for the purposes of the authorised pipeline is to be created over—\n\n(i) the land referred to in section 6B(3); and\n\n(ii) part of the land in the folios of the Register under the **Transfer of Land Act 1958** listed in Schedule 3 and specified in the statement; and\n\n(iii) any other land that is specified in the statement and is part of or adjoins the route of the authorised pipeline, and is not land in a folio of the Register listed in column 1 of Schedule 2.\n\n(2) The statement—\n\n(a) must, for the purposes of subsection (1)(a), (b) and (c), specify separately the rights and obligations relating to the access and pipeline easement, and the rights and obligations relating to the easement for the purposes of the authorised pipeline; and\n\n(b) must, in relation to the easement for the purposes of the authorised pipeline, specify rights and obligations that correspond as nearly as practicable to those in the instruments listed in column 2 of Schedule 2, with any modifications necessary or desirable because some of the land may be Crown land; and\n\ns. 6C\n\n(c) in specifying land under subsection (1)(e), must specify land with a width that corresponds as nearly as practicable to the width of the easements created by the instruments listed in column 2 of Schedule 2, with the route of the pipeline located in the approximate centre of the easement; and\n\n(d) must state that the statutory easements and covenants are for the benefit of the land in folio of the Register Volume 8519 Folio 769.\n\n(3) The Company must lodge a copy of the statement—\n\n(a) with the Minister; and\n\n(b) at the Central Plan Office.\n\n(4) Production of a copy of the statement lodged under subsection (3)(a) or (b) is conclusive proof of the existence and contents of the original.\n\nS. 6D  \ninserted by No. 63/1994 s. 5.\n\n\t6D Plans—statutory easement\n\ns. 6D\n\n(1) At any time before the making of an Order under section 6F, the Surveyor-General may cause to be prepared and may sign substitute plans for all or any of the plans referred to in Schedule 1 or for any part of the land described in those plans, if the Surveyor-General considers this necessary to correct any defect in the boundaries or description, or for the better identification, of the route of the authorised pipeline.\n\n(2) A substitute plan referred to in subsection (1)—\n\n(a) may only be prepared at the request of and in consultation with the Company; and\n\n(b) may be based on documents supplied by the Company and prepared at or about the time of the construction of the authorised pipeline, without a survey being conducted.\n\n(3) Without delay after signing a substitute plan the Surveyor-General must—\n\n(a) lodge the plan at the Central Plan Office; and\n\n(b) lodge a copy of the plan with the Minister.\n\n(4) If a plan has been substituted for all or any part of the land in a plan referred to in Schedule 1, a reference to that plan in this Act, to the extent that it relates to the land in the substitute plan, must be taken to be a reference to that substitute plan.\n\nS. 6E  \ninserted by No. 63/1994 s. 5.\n\n\t6E Approval of easements and covenants\n\n(1) On the Minister's recommendation, the Governor in Council, by Order published in the Government Gazette, may approve a statement lodged under section 6C.\n\n(2) An Order under subsection (1) comes into operation on the date of publication of the Order in the Government Gazette or on any later day specified in the Order.\n\nS. 6F  \ninserted by No. 63/1994 s. 5.\n\n\t6F Effect of Order[[5]](#endnote-6)\n\nBy force of this section, on and from the specified day—\n\n(a) any easement, right or privilege for petroleum pipeline purposes—\n\n(i) existing immediately before the specified day; and\n\n(ii) in favour of the Company or land owned by or vested in the Company; and\n\n(iii) relating to the land to be burdened by a statutory easement—\n\nis extinguished; and\n\n(b) any restrictive covenant—\n\ns. 6F\n\n(i) existing immediately before the specified day; and\n\n(ii) in favour of the Company or land owned by or vested in the Company; and\n\n(iii) relating to an easement extinguished by paragraph (a)—\n\nis discharged; and\n\n(c) an easement for access and pipeline purposes is created over the land specified in the statement under section 6C(1)(d); and\n\n(d) an easement for the purposes of the authorised pipeline is created over the land specified in the statement under section 6C(1)(e); and\n\n(e) the owner for the time being of the Company pipeline is entitled to the benefit of a statutory easement; and\n\n(f) the creation of a statutory easement gives to the person entitled to the benefit of the easement the rights specified in relation to that easement in the statement lodged under section 6C; and\n\n(g) the creation of a statutory easement imposes on the person entitled to the benefit of the easement the obligations specified in the statement lodged under section 6C, and the owners for the time being of the land burdened by the easement may enforce those obligations as if the persons so entitled had entered into an agreement with each of those owners containing those obligations; and\n\n(h) the burden of any obligation on an owner of land (whether positive or negative) specified in the statement lodged under section 6C—\n\n(i) runs with that land; and\n\n(ii) may be enforced against that owner or that owner's successor in title as if that owner had agreed to be bound by it and as if it were a restrictive covenant; and\n\n(iii) may be enforced by the person for the time being entitled to the benefit of the statutory easement.\n\nS. 6G  \ninserted by No. 63/1994 s. 5.\n\n\t6G Responsibilities to cease in certain circumstances\n\ns. 6G\n\n(1) If a restrictive covenant discharged by section 6F is also a term of a contract, that term ceases to have effect by force of this section on the discharge of the covenant.\n\n(2) Subsection (1) does not affect the previous operation of a covenant or any right or liability resulting from that previous operation.\n\nS. 6H  \ninserted by No. 63/1994 s. 5.\n\n\t6H Certain rules about easements and covenants not to apply\n\nA statutory easement and statutory covenant have effect—\n\n(a) even though they may burden land owned or occupied by a person entitled to the benefit of the easement or covenant; and\n\n(b) even though they may affect Crown land or land owned or occupied by a public authority; and\n\n(c) even though any of the land burdened by them may be reserved Crown land, a public highway or road; and\n\n(d) despite any other Act or rule of law to the contrary.\n\nS. 6I  \ninserted by No. 63/1994 s. 5.\n\n\t6I When can the route of the authorised pipeline be changed?\n\nThe authorised route of the authorised pipeline specified in a permit or licence under the **Pipelines Act 1967** cannot be varied under that Act unless, at the same time, as the case requires—\n\n(a) a statutory easement is varied; or\n\ns. 6H\n\n(b) an easement is created under another provision of this Act; or\n\n(c) an easement created by an instrument listed in column 2 of Schedule 2 is varied.\n\nS. 6J  \ninserted by No. 63/1994 s. 5.\n\n\t6J Variation of easement or covenant\n\n(1) The person for the time being entitled to the benefit of a statutory easement or statutory covenant may prepare an instrument of variation of that easement or covenant.\n\n(2) The owner for the time being of the authorised pipeline, and the owner for the time being of any land burdened by a statutory easement or statutory covenant may, by agreement, vary—\n\n(a) an obligation of the owner of that pipeline referred to in section 6F; or\n\n(b) that easement or covenant—\n\nto the extent that it relates to that land.\n\n(3) At the request of and in consultation with the persons who enter into an agreement under subsection (2) or prepare an instrument under subsection (1), the Surveyor-General may cause to be prepared and may sign any plans for the purposes of the variation, including substitute plans for all or any part of the land covered by the statutory easement.\n\n(4) Those plans—\n\ns. 6J\n\n(a) may be based on information supplied by the persons who requested their preparation, without a survey being conducted; and\n\n(b) must be lodged by the Surveyor-General at the Central Plan Office.\n\n(5) A statutory easement or statutory covenant must not be varied under this section so that it burdens other land unless—\n\n(a) the variation occurs in conjunction with a change (in accordance with the **Pipelines Act 1967**) in the authorised route of the authorised pipeline and the variation—\n\n(i) is made with the agreement of the owners of the land affected; or\n\n(ii) is authorised by an Act other than this Act; or\n\n(b) the instrument of variation states that the variation is made to correct—\n\n(i) an error or omission; or\n\n(ii) a defect found on survey; or\n\n(iii) a discrepancy between the actual route of the authorised pipeline and the route of the authorised pipeline shown on the plans referred to in Schedule 1.\n\n(6) The persons who enter into an agreement or prepare an instrument under this section must lodge a copy of it with the Minister and at the Central Plan Office.\n\ns. 6J\n\n(7) An instrument under subsection (1) or an agreement under subsection (2) has no effect unless and until a copy is lodged at the Central Plan Office under this section.\n\n(8) The production of a copy of an agreement or instrument lodged under subsection (6) is conclusive proof of the existence and contents of the original.\n\n(9) Despite anything to the contrary in any other Act or law, a statutory easement or a statutory covenant created by this Act cannot be varied except in accordance with this section.\n\n(10) In relation to Crown land burdened by a statutory easement or statutory covenant the Minister, on behalf of the Crown, may exercise any power conferred by this section on a land owner.\n\nS. 6K  \ninserted by No. 63/1994 s. 5.\n\n\t6K Other easements and rights not affected\n\n(1) Subject to section 6F(a) and (b), the creation or variation of a statutory easement or a statutory covenant does not affect—\n\ns. 6K\n\n(a) any other easement, right, privilege, interest, encumbrance or obligation (however created) existing over the land burdened by the easement or covenant; or\n\n(b) the use of the land burdened by that easement or covenant in a way that is consistent with the easement or covenant; or\n\n(c) the creation of any other easement, right, privilege, interest, encumbrance or obligation over the land burdened by the easement and covenant, if that creation is authorised by law.\n\n(2) If immediately before the specified day there existed between the Company and an owner of land which, on and from that day, is to be land burdened by a statutory easement, a written agreement about access to that land by the Company or the use of that land by the owner, that agreement—\n\n(a) is not extinguished by this Act; and\n\n(b) has effect as if made in relation to the statutory easement.\n\n(3) If immediately before the specified day there existed between the Company and another person a written agreement relating to land which, on and from that day, is to be burdened by a statutory easement and providing for the use of any of that land or of the authorised pipeline, that agreement—\n\n(a) is not extinguished by this Act; and\n\n(b) has effect as if made in relation to the statutory easement.\n\nS. 6L  \ninserted by No. 63/1994 s. 5.\n\n\t6L Amendment of records relating to title\n\ns. 6L\n\nS. 6L(1) amended by 85/1998 s. 24(Sch item 68.1).\n\n(1) On being requested to do so by the person for the time being entitled to the benefit of an easement created by an instrument listed in column 2 of Schedule 2 or by the registered proprietor or owner of an estate in fee simple (as the case requires) in the land burdened by the easement, the Registrar of Titles must make any amendments to the Register kept under the **Transfer of Land Act 1958** that are necessary because of the operation of section 6A.\n\nS. 6L(2) amended by 85/1998 s. 24(Sch item 68.2).\n\n(2) On being requested to do so by a person for the time being entitled to the benefit of a statutory easement or statutory covenant or by the registered proprietor of land burdened by a statutory easement or statutory covenant, the Registrar of Titles must record in the Register under the **Transfer of Land Act 1958** that  the land is subject to an easement and covenant created by this Act or that the statutory easement or statutory covenant is varied, as the case requires, and must also make any other amendments to the Register that are necessary because of the operation of this Act.\n\n(3) The request under subsection (2) must—\n\n(a) specify the reference numbers given at the Central Plan Office to the plans, statements, instruments or agreements relevant to the request; and\n\nS. 6L(3)(b) amended by 85/1998 s. 24(Sch item 68.3).\n\n(b) in the case of land under the **Transfer of Land Act 1958**, specify the folios of the Register to which the request relates; and\n\n(c) specify the amendments to the Register that the Registrar is requested to make.\n\n(4) A recording in the Register authorised by this section may be made without the production of any relevant consent (including the consent of any caveator) or certificate of title and without requiring a plan of survey, or production of any other instrument, or the giving of any other notice.\n\nS. 6L(5)(6) repealed by 85/1998 s. 24(Sch item 68.4).\n\n* * * * *\n\nS. 6M  \ninserted by No. 63/1994 s. 5.\n\n\t6M Easement and covenant not breach of agreement\n\ns. 6M\n\nThe extinguishment by this Act of an easement, right, privilege or covenant, the creation or variation by this Act of a statutory easement or statutory covenant, and the exercise of rights attaching to a statutory easement created by this Act do not constitute a breach of any agreement, arrangement or understanding existing immediately before the specified day in relation to an Order under section 6F between a person entitled to the benefit of the easement, right, privilege or covenant so extinguished or created and a person whose land is burdened by it.\n\nSs 7, 8 repealed by No. 63/1994 s. 6.[[6]](#endnote-7)\n\n* * * * *\n\nNo. 5507 s. 32.\n\nS. 9  \namended by No. 121/1986 s. 112, repealed by No. 63/1994 s. 6.\n\n* * * * *\n\nS. 10 amended by No. 18/1989 s. 13(Sch. 2 item 104  \n(a)–(c)), repealed by No. 63/1994 s. 6.\n\n* * * * *\n\n\t11 Power to open and break up streets etc. and temporarily stop traffic\n\n(1) Subject to and for the purposes of this Act, the Company and all persons authorized by it may—\n\ns. 11\n\n(a) open and break up the soil and pavement of any public or private street road or bridge; and\n\n(b) temporarily stop the traffic on any such street road or bridge.\n\n(2) The Company shall not (except in cases of emergency) open or break up any street road or bridge or stop any traffic thereon without giving at least three days' notice in writing to the local authority or person having the control or management thereof.\n\n(3) When the Company has opened or broken up any street road or bridge the Company shall—\n\n(a) with all convenient speed and to the satisfaction of the local authority or person aforesaid restore the portion so opened or broken up to as good condition as before it was opened or broken up and remove all surplus material;\n\n(b) cause the place where the street road or bridge is broken up to be fenced and to the properly lighted and guarded during the night so as to prevent accidents; and\n\n(c) bear or pay all reasonable expenses of the repair of the street road or bridge for six months after the same is restored so far as those expenses have been increased by such opening or breaking up.\n\n\t12 Company liable for damage\n\ns. 12\n\nIn the exercise of the foregoing powers the Company shall do as little damage as may be and shall, if so required within two years from the exercise of such powers, make full compensation to the owner of and all parties interested in any land for any damage sustained by them in consequence of the exercise of such powers, and such compensation shall be either a gross sum or a yearly rent as may be agreed, and in default of agreement shall be determined in manner provided in the **Lands Compensation Act 1958**.\n\n\t13 Public statutory corporations to co-operate with the Company\n\nWhere any public statutory corporation has power to construct pipelines water mains gas mains or other similar structures and to purchase or compulsorily acquire land for that purpose any such corporation may, with the consent of the Governor in Council, enter into an agreement with the Company which provides for the co-operation between the public statutory corporation and the Company in the construction of pipelines water mains gas mains or other similar structures required for their respective purposes and the parties to any such agreement are hereby authorized to do all things necessary or expedient or to carry out any such agreement.\n\n\t14 Crown not liable to make compensation\n\nExcept where otherwise expressly provided no public statutory corporation and no person or body of persons corporate or unincorporate shall be entitled to receive or shall receive from the Crown any money or compensation or consideration in respect of or in any manner arising out of the passing or operation of this Act or any act matter or thing done thereunder.\n\nS. 15  \ninserted by No. 63/1994 s. 7.\n\n\t15 No compensation payable in certain circumstances\n\ns. 14\n\nNo compensation is payable by the Crown or the Company in respect of the extinguishment, creation or variation by this Act of an interest, right, privilege or obligation over land.\n\nS. 16  \ninserted by No. 63/1994 s. 7.\n\n\t16 Supreme Court—Limitation of jurisdiction\n\nIt is the intention of this section to alter or vary section 85 of the **Constitution Act 1975** to the extent necessary to prevent the Supreme Court entertaining actions for compensation in circumstances in which no compensation is payable by virtue of section 15.\n\n__________________\n\nSCHEDULES\n\nSch. substituted as Sch. 1 by No. 63/1994 s. 8.\n\nSCHEDULE 1[[7]](#endnote-8)\n\nRoute of authorised pipeline\n\nSch. 1\n\nPlan LEGL–94/3\n\nPlans LEGL–94/4\n\nlodged at the Central Plan Office.\n\n_______________\n\nSch. 2 inserted by No. 63/1994 s. 8.\n\nSCHEDULE 2\n\nAuthorised pipeline easements\n\nSch. 2\n\nPart 1—Land Under Transfer of Land Act 1958\n\n| *Item* | *Column 1*<br>*Burdened Land   (Volume Folio)* | *Column 2*<br>*Instrument No.* |\n| --- | --- | --- |\n| 1. | V8659 F630 | E483017 |\n| 2. | V5211 F122 | D119016 |\n| 3. | V7287 F387 | D119016 |\n| 4. | V6630 F844 | D119016 |\n| 5. | V8641 F080 | D119016 |\n| 6. | V7185 F835 | D119016 |\n| 7. | V7146 F094 | D119016 |\n| 8. | V9943 F264 | E450671 |\n| 9. | V9944 F537 | E450671 |\n| 10. | V8727 F190 | C490752 |\n| 11. | V8579 F314 | D119016 |\n| 12. | V7203 F410 | D119016 |\n| 13. | V3914 F771 | D119016 |\n| 14. | V8582 F087 | D119016 |\n| 15. | V9453 F481 | C867973 |\n| 16. | V9585 F153 | C867973 |\n| 17. | V8681 F655 | C508927 |\n| 18. | V8898 F152 | C867974 |\n|  |  | C882676 |\n| 19. | V9166 F516 | C707311 |\n| 20. | V9526 F830 | C707311 |\n| 21. | V8769 F626 | C654807 |\n| 22. | V9774 F919 | C298011 |\n| 23. | V9687 F191 | C298011 |\n| 24. | V8912 F399 | C257059 |\n| 25. | V9970 F475 | C737096 |\n| 26. | V9875 F567 | Mem 326 Bk 695 |\n| 27. | V9580 F144 | C270928 |\n| 28. | V8644 F995 | C508922 |\n| 29. | V8948 F757 | C508922 |\n| 30. | V9132 F609 | C508923 |\n| 31. | V9452 F856 | C340348 |\n| 32. | V8912 F991 | C219321 |\n| 33. | V7613 F104 | C374947 |\n|  |  |  |\n| *Item* | *Column 1*<br>*Burdened Land   (Volume Folio)* | *Column 2*<br>*Instrument No.* |\n| 34. | V9210 F501 | C465992 |\n| 35. | V9350 F633 | C245184 |\n| 36. | V9361 F835 | C688221 |\n| 37. | V4139 F606 | C688221 |\n| 38. | V8607 F390 | C315251 |\n| 39. | V8966 F837 | C480544 |\n| 40. | V8451 F710 | C306810 |\n| 41. | V8632 F481 | C556614 |\n| 42. | V8370 F806 | C726757 |\n\n\nSch. 2\n\n| 43. | V6889 F759 | F361006 |\n| --- | --- | --- |\n| 44. | V6889 F761 | C230250 |\n| 45. | V9870 F965 | C275585 |\n| 46. | V9869 F880 | C359922 |\n|  |  | C597034 |\n| 47. | V8753 F997 | C219320 |\n| 38. | V9532 F005 | C224148 |\n| 49. | V9689 F262 | C465993 |\n| 50. | V9689 F263 | C465993 |\n| 51. | V9662 F628 | C622811 |\n| 52. | V9662 F629 | C622811 |\n| 53. | V9663 F630 | C622811 |\n| 54. | V9606 F866 | C327826 |\n| 55. | V9606 F865 | C327826 |\n| 56. | V9776 F587 | C490751 |\n| 57. | V9776 F588 | C490751 |\n| 58. | V10065 F842 | C490751 |\n| 59. | V9114 F879 | C490751 |\n| 60. | V9584 F966 | C490751 |\n| 61. | V9827 F155 | C490751 |\n| 62. | V9578 F235 | C490751 |\n| 63. | V9541 F766 | C490751 |\n| 64. | V9560 F740 | C490751 |\n| 65. | V9560 F741 | C490751 |\n| 66. | V8726 F586 | C490751 |\n| 67. | V8629 F583 | C490751 |\n| 68. | V9673 F189 | C543437 |\n| 69. | V9851 F319 | C788347 |\n| 70. | V9851 F320 | C788347 |\n| 71. | V9851 F321 | C788347 |\n| 72. | V9851 F322 | C788347 |\n| 73. | V8396 F796 | C967012 |\n|  |  | D689537 |\n| 74. | V8074 F642 | C306811 |\n| *Item* | *Column 1*<br>*Burdened Land   (Volume Folio)* | *Column 2*<br>*Instrument No.* |\n| 75. | V4851 F162 | C769726 |\n| 76. | V9580 F194 | C386713 |\n| 77. | V6558 F402 | C374948 |\n| 78. | V6993 F563 | C414109 |\n| 79. | V6477 F254 | C233452 |\n| 80. | V6037 F319 | C251234 |\n| 81. | V9349 F756 | C219323 |\n| 82. | V8803 F336 | C219322 |\n| 83. | V10108 F032 | C231498 |\n| 84. | V8631 F323 | C490753 |\n| 85. | V9363 F120 | C508925 |\n| 86. | V8262 F967 | C490750 |\n| 87. | V9293 F306 | D85621 |\n| 88. | V8610 F360 | C571005 |\n\n\nSch. 2\n\n| 89. | V8715 F906 | C300836 |\n| --- | --- | --- |\n| 90. | V8715 F905 | C252958 |\n| 91. | V10132 F938 | C315282 |\n|  |  | C565069 |\n| 92. | V6598 F440 | C590646 |\n| 93. | V9942 F922 | C536559 |\n| 94. | V9942 F923 | C536559 |\n| 95. | V8981 F480 | C534679 |\n| 96. | V8718 F035 | E254011 |\n\n\nPart 2—Land Registered Under Part 1 of the Property Law Act 1958\n\n| *Item* | *Column 1   Burdened Land   (Volume Folio)* | *Column 2    Instrument No.* |\n| --- | --- | --- |\n| 1. | M572 B663 | M199 B689 |\n| 2. | M289 B479 | M359 B690 |\n\n\n_______________\n\nSch. 3 inserted by No. 63/1994 s. 8.\n\nSCHEDULE 3\n\nFreehold land to be burdened by the statutory easement\n\n**Folios of the Register under the Transfer of Land Act 1958**\n\nSch. 3\n\nVolume 2008 Folio 446\n\nVolume 1983 Folio 597\n\nVolume 1974 Folio 744\n\nVolume 9886 Folio 448\n\nVolume 9886 Folio 446\n\nVolume 9655 Folio 387\n\nVolume 6889 Folio 759\n\nVolume 9645 Folio 772\n\nVolume 9655 Folio 388\n\nVolume 9655 Folio 387\n\nVolume 6350 Folio 915\n\n\n\nENDNOTES\n\n1. General Information\n\n\nEndnotes\n\nThe **Westernport (Oil Refinery) Act 1963** was assented to on 28 May 1963 and came into operation on 12 June 1963: Government Gazette 12 June 1963 page 1789.\n\nThe title of this Act was changed from the **Westernport (Oil Refinery) Act 1963** to the **Westernport (Crib Point Terminal) Act 1963** by section 11(1) of the **Westernport (Crib Point Terminal) Act 1994**, No. 63/1994.\n\n1. Table of Amendments\n\n\nEndnotes\n\nThis Version incorporates amendments made to the **Westernport (Crib Point Terminal) Act 1963** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Land Acquisition and Compensation Act 1986, No. 121/1986**\n\n| Assent Date: | 23.12.86 |\n| --- | --- |\n| Commencement Date: | 29.11.87: Government Gazette 25.11.87 p. 3224 |\n| Current State: | All of Act in operation |\n\n\n**Transfer of Land (Computer Register) Act 1989, No. 18/1989**\n\n| Assent Date: | 16.5.89 |\n| --- | --- |\n| Commencement Date: | 3.2.92: Government Gazette 18.12.91 p. 3488 |\n| Current State: | All of Act in operation |\n\n\n**Westernport (Crib Point Terminal) Act 1994, No. 63/1994**\n\n| Assent Date: | 15.6.94 |\n| --- | --- |\n| Commencement Date: | 15.6.94 |\n| Current State: | All of Act in operation |\n\n\n**Transfer of Land (Single Register) Act 1998, No. 85/1998**\n\n| Assent Date: | 17.11.98 |\n| --- | --- |\n| Commencement Date: | S. 24(Sch. item 68) on 1.1.99: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Westernport (Crib Point Terminal) Act 1963** |\n\n\n**Statute Law Revision Act 2000, No. 74/2000**\n\n| Assent Date: | 21.11.00 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. 1 item 144) on 22.11.00: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Westernport (Crib Point Terminal) Act 1963** |\n\n\n**Transport Integration Act 2010, No. 6/2010** (as amended by No. 45/2010)\n\n| Assent Date: | 2.3.10 |\n| --- | --- |\n| Commencement Date: | S. 24(5)(Sch. 1 item 18) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Westernport (Crib Point Terminal) Act 1963** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n1. Explanatory Details\n\n\nEndnotes\n\n1. S. 1(1): Section 11(2) of the **Western (Crib Point Terminal) Act 1994**, No. 63/1994 reads as follows:\n\n  (2) In an Act, a subordinate instrument within the meaning of the **Interpretation of Legislation Act 1984**, or any document whatever, a reference to the Principal Act by its old name is, in relation to any period occurring on or after the commencement of this section and unless inconsistent with the context or subject matter, deemed to be a reference to the Principal Act by its new name. [↑](#endnote-ref-2)\n\n2. S. 4: Section 10 of the **Westernport (Crib Point Terminal) Act 1994**,  \nNo. 63/1994 reads as follows:\n\n  10 Transitional provisions\n\n  (1) In this section—\n\n  ***listed agreement*** means—\n\n  (a) the agreement a copy of which is set out in the Schedule to the Principal Act as in force immediately before the commencement of this section; or\n\n  (b) the agreement a copy of which is set out in the Schedule to the **Westernport (Oil Refinery) (Further Agreement) Act 1985** as in force immediately before the commencement of this section; or\n\n  (c) any of the following agreements made under clause 6(f) of the agreement referred to in paragraph (a)—\n\n  (i) the agreement made on 24 June 1963 between BP Refinery (Westernport) Pty. Ltd. and the then Premier of Victoria;\n\n  (ii) the agreement made on 22 December 1965 between BP Refinery (Westernport) Pty. Ltd. and the then Premier of Victoria;\n\n  (iii) the agreement made on 4 March 1982 between BP Refinery (Westernport) Pty. Ltd. and the then Premier of Victoria.\n\n  (2) On and from the commencement of this section a listed agreement, and any rights or obligations under it, cease to have effect.\n\n  (3) Subsection (2) does not—\n\n  (a) affect the previous operation of a listed agreement; or\n\n  (b) affect a proprietary interest, right or liability acquired or accrued or incurred under a listed agreement before the commencement of this section; or\n\n  (c) affect any waiver of any obligation under a listed agreement; or\n\n  (d) revive the requirement under another Act to obtain consent, approval or authority for anything done under a listed agreement, if by virtue of the Principal Act as in force immediately before the commencement of this section or a listed agreement it was not necessary to obtain that consent, approval or authority at the time when the act was done.\n\n  (4) Subsection (3) does not limit the operation of sections 4 to 6 and 6F of the Principal Act as amended by this Act.\n\n  (5) Despite its repeal section 7 of the Principal Act continues to apply to an easement for sewage and drainage purposes created under that section over Crown land and existing immediately before the commencement of this section. [↑](#endnote-ref-3)\n\n3. S. 5: See Note 2. [↑](#endnote-ref-4)\n\n4. S. 6: See Note 2. [↑](#endnote-ref-5)\n\n5. S. 6F: See Note 2. [↑](#endnote-ref-6)\n\n6. S. 7 (*repealed*): See Note 2. [↑](#endnote-ref-7)\n\n7. Sch. 1: See Note 2. [↑](#endnote-ref-8)","sortOrder":0}],"analysis":{"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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the Act's scope has changed from its original intent. The version history indicates the Act remains in force in its current consolidated form, but no amendment details or substantive provisions were included in the supplied text to enable a meaningful comparison."},"complexity_factors":["Insufficient legislative text provided — only metadata and version history labels were included, making substantive analysis impossible","The Act appears to be a narrow, single-purpose piece of legislation focused on one specific facility, which typically reduces complexity","1963 vintage legislation may use older drafting conventions, but without the text this cannot be assessed","Port and terminal legislation can involve overlapping Commonwealth and State jurisdiction, adding some inherent complexity"],"plain_english_summary":"The Westernport (Crib Point Terminal) Act 1963 is Victorian legislation concerning the Crib Point marine terminal at Westernport Bay, aimed at establishing and regulating a port/terminal facility. It affects terminal operators, shipping and maritime users, and local port or municipal authorities by creating legal authority to build, operate and manage terminal infrastructure.\n\nThe provided text is limited, so specific rights and obligations can’t be confirmed here; the Act appears to remain in force."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as amended (notably by the 1994 reforms) substantially broadened and formalised the original instrument. The original 1963 enactment ratified an agreement for an oil refinery and related rights. The amended Act (inter alia): (a) renames the Act to reflect a Crib Point terminal focus and removes the old listed agreements (see endnotes/1994 transitional provisions); (b) vests port land in the Port of Melbourne Authority (s.4); (c) replaces a patchwork of private easements and licences with a statutory easement and covenant regime created by Order on Minister/Governor recommendation (s.6A–6F); (d) extends the regime to burden Crown and reserved land (s.6H) and limits compensation and judicial remedies for the changes (s.14–16); and (e) aligns the pipeline with the Pipelines Act 1967 and the Transport Integration Act 2010 (s.6, s.2B). These changes shift the instrument from an agreement‑ratifying statute tied to a specific company arrangement to a public statutory framework for easements, title recording and limited compensation tied to the Crib Point terminal and pipeline."},"complexity_factors":["Around 10 defined terms in the Interpretation section (s.2) that drive the Act's scope (e.g. \"authorised pipeline\", \"Company\", \"statutory easement\").","Multiple inserted and interlinked sections added by the 1994 amendments (6A–6M) that create a bespoke statutory easement regime and procedural rules.","Frequent cross-references to at least 10 other statutes (Pipelines Act 1967; Transfer of Land Act 1958; Survey Co-ordination Act 1958; Port of Melbourne Authority Act 1958; Crown Land (Reserves) Act 1978; Land Act 1958; Property Law Act 1958; Lands Compensation Act 1958; Transport Integration Act 2010; Constitution Act 1975).","Conditional creation mechanism: statutory easements only arise on an Order after lodging a Company statement and Minister/Governor approval (s.6C–6F) — multiple conditions for effect.","Nested exceptions and savings: extinguishment of prior instruments but preservation of other rights (s.6F, s.6K), and transitional rules in endnotes (1994 Act) that modify earlier agreements.","Title recording rules that permit Registrar action without usual consents or survey plans in some cases (s.6L(4)) — procedural deviation from normal land-title practice.","Plan and survey flexibility: Surveyor‑General may substitute plans and use Company-supplied documents without a fresh survey (s.6D(2)(b), s.6J(3)–(4)), creating conditional accuracy and correction paths.","Schedules listing a large number of specific folios and instruments (Schedules 1–3 and Schedule 2 entries numbering dozens) tying the statutory regime to detailed land records.","Multiple provisions limiting compensation and court remedies (s.14–16), which alter normal compensation and litigation expectations.","Variation constraints: statutory easements/covenants cannot be varied except under a specific procedure (s.6J(9)), adding rigid procedural requirements."],"plain_english_summary":"**What this law does (mechanics first)\n\n- Creates a legally enforceable pipeline regime for a 200 mm petroleum pipeline (the \"authorised pipeline\") running to and from the Crib Point petroleum terminal. The Act treats the pipeline itself as personal property and makes the Pipelines Act 1967 apply to it (see s.6 and definition of \"authorised pipeline\").\n\n- Re-assigns and vests specific Crown land used for port facilities at Crib Point in the Port of Melbourne Authority (s.4). The land and plans are identified in the Schedules.\n\n- Establishes a statutory process by which the pipeline owner (the Company) can lodge a written statement describing:\n  - the rights the pipeline owner will have, and\n  - the obligations the owners of affected land must accept; and\n  - the particular land to be burdened (access/pipeline easement and easement for the authorised pipeline) (s.6C).\n  Once that statement is approved by the Governor in Council on the Minister's recommendation, an Order takes effect and:\n  - existing pipeline-related easements/rights in favour of the Company over the listed land are extinguished and replaced by statutory easements and covenants (s.6E–6F);\n  - the person who owns the pipeline is given the benefit of those statutory easements and the rights specified in the lodged statement (s.6F(e)–(f)); and\n  - the burdened land carries obligations (positive or restrictive) that run with the land and may be enforced by the pipeline owner (s.6F(g)–(h)).\n\n- Provides procedures for preparing, correcting and substituting the plans that show the pipeline route (Surveyor‑General powers in s.6D and s.6B), and for varying statutory easements or covenants (s.6J). Some plan work can rely on documents supplied by the Company without a fresh survey (s.6D(2)(b), s.6J(3)–(4)).\n\n- Requires the Registrar of Titles to record statutory easements and variations in the land register on request (s.6L) and permits such recording without production of consents or survey plans in certain circumstances (s.6L(4)).\n\n- Gives the Company limited powers to open and break up streets and temporarily stop traffic for pipeline works, subject to notice and restoration/repair obligations (s.11). The Company must restore works and bear extra repair costs for six months after restoration (s.11(3)).\n\n- Limits compensation and legal remedies in specified respects: no compensation from Crown or the Company is payable for extinguishment/creation/variation of interests under the Act (s.15), and the Supreme Court's jurisdiction is to be read down so it cannot entertain compensation claims where no compensation is payable under s.15 (s.16). The Act also says the Crown is bound by the Act (s.3) but in many circumstances will not be required to pay money in relation to the Act's operation (s.14).\n\n\nWho this affects\n\n- The pipeline owner (defined as Crib Point Terminal Pty. Ltd. or any person permitted to own/use the authorised pipeline) — gains statutory easements and enforceable rights to access and operate the pipeline (definition and s.6F(e)–(f)).\n- Private landowners whose land lies on or adjoining the mapped route — may have statutory easements and binding covenants imposed on their land; those obligations run with the land and are enforceable by the pipeline owner (s.6C, s.6F(g)–(h), Schedule 3).\n- The Port of Melbourne Authority — receives specified Crown land in fee simple for port facilities (s.4).\n- The Crown and public authorities — the Act allows statutory easements to burden Crown land and public land (s.6H) and provides ministerial powers to act on behalf of the Crown for variation matters (s.6J(10)).\n- Local authorities and the public — will be affected when streets/roads/bridges are opened for works (s.11).\n\n\nWhy it matters (claimed purpose, then trade-offs and implementation points)\n\n- The Act's stated object is to assist the development and operation of a terminal at Crib Point to receive, store and distribute petroleum and to provide for easements and pipelines and vesting of port land (s.2A). That is the legislative purpose the Act records.\n\n- Concrete benefits and incentives created by the Act:\n  - Concentrated benefit to the pipeline owner: a statutory easement regime gives stable, enforceable access and operational rights, and simplifies title arrangements by extinguishing and replacing older instruments with a single statutory framework (s.6F, s.6A, Schedule 2).\n  - Administrative certainty: Minister/Governor in Council approval and Registrar recording create clear public records of the rights and burdens (s.6E, s.6L).\n\n- Costs, burdens and trade-offs introduced by the Act:\n  - Burden on affected landowners: owners of land on or adjoining the route may acquire new obligations (including restrictive covenants or positive obligations) that run with the land and can be enforced by the pipeline owner (s.6C, s.6F(g)–(h)). Those obligations may limit future uses of that land.\n  - Reduced remedy for affected owners and public authorities: the Act explicitly says no compensation is payable for extinguishment/creation/variation of interests under the Act (s.15) and constrains the Supreme Court's jurisdiction where s.15 applies (s.16). Section 14 also states the Crown is not to pay money in relation to the Act unless expressly provided.\n  - Information and accuracy risk: plans may be substituted or prepared without a new survey, relying on Company-supplied documents (s.6D(2)(b), s.6J(3)–(4)), which speeds implementation but increases the risk that mapped boundaries do not match physical reality. The Act permits corrections and variations to address such discrepancies (s.6J(5)(b)(i)–(iii)).\n  - Administrative burden on owners: Registered proprietors must accept recorded statutory easements on request to the Registrar; some recordings may be made without traditional consents (s.6L(2)–(4)).\n\n- Who decides and who pays:\n  - Decisions: the Company prepares the statement; the Minister recommends and the Governor in Council approves Orders creating statutory easements (s.6C, s.6E); the Surveyor‑General can prepare and lodge plans or substitutions (s.6D); the Registrar records the title changes on request (s.6L).\n  - Payments: the Company must repair and bear certain road repair costs for six months after works (s.11(3)(c)). Apart from express provisions, the Crown and Company are relieved from paying compensation in the cases covered by s.15 (s.14–15).\n\n\nPractical implementation risks and likely behavioural effects\n\n- Private owners facing new burdens will have reduced leverage to negotiate because the Act permits statutory imposition and limits compensation (s.6F, s.6L, s.15).\n- The statutory easement and covenant regime centralises operational control in the pipeline owner, who can enforce obligations and propose variations (s.6J(1)–(2)), which may lower coordination costs for the pipeline but raises transaction costs for some landowners.\n- Reliance on Company-provided plan material without a survey speeds implementation (fewer upfront costs for the Company and the State) but carries survey accuracy risk that the Act acknowledges and permits later correction (s.6D, s.6J(5)(b)).\n\n\nKey sections to look at first if you need to act or advise someone\n\n- Definitions and objects: s.2 and s.2A (who is the Company; what counts as the authorised pipeline; the Act's purpose)\n- How the statutory easements are created: s.6C (Company statement), s.6E (Minister/Governor approval), s.6F (effect of Order)\n- Variation and plan rules: s.6D (substitute plans), s.6J (variation of easements), s.6L (title recording)\n- Compensation and limits on remedies: s.14–16\n- Powers to enter and repair public roads: s.11–12\n\n"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original purpose. Initially enacted in 1963 specifically to ratify an agreement with BP Refinery for an oil refinery at Westernport, the Act was substantially rewritten by the 1994 amendments. The original refinery agreement was terminated, the name changed from 'Westernport (Oil Refinery) Act' to 'Westernport (Crib Point Terminal) Act', and the focus shifted to a broader 'terminal' operation rather than a refinery. The 1994 amendments introduced an entirely new statutory easement regime (sections 6A-6M) that did not exist in the original Act, converting private contractual rights into statutory rights. The Act also became 'transport legislation' under the Transport Integration Act 2010, linking it to Victoria's broader transport planning framework. What began as a specific commercial deal with BP has become a permanent statutory infrastructure framework for petroleum distribution."},"complexity_factors":["Extensive cross-referencing between multiple Acts including the Pipelines Act 1967, Transfer of Land Act 1958, Property Law Act 1958, and Transport Integration Act 2010","Complex machinery provisions for creating 'statutory easements' through a multi-step process involving Ministerial approval, Governor in Council orders, and Surveyor-General plans (sections 6C-6F)","Detailed transitional provisions dealing with historical agreements, previous legislation (Westernport Oil Refinery Act), and conversion of old easements to new statutory easements","Multiple nested exceptions and savings clauses (e.g., section 6K preserving other rights, section 6H overriding normal rules about easements)","Technical land registration requirements involving specific folio references, instrument numbers, and Central Plan Office procedures","Conditional variation mechanisms requiring agreement of multiple parties or specific error-correction justifications (section 6J)","Interaction between personal property (the pipeline) and real property (land easements) creating complex proprietary interests"],"plain_english_summary":"This Act is a Victorian law that facilitates the operation of an oil and petroleum terminal at Crib Point in Westernport, Victoria. Originally passed in 1963 to support a BP oil refinery, it has been updated over time to reflect changes in ownership and operations.\n\n**What it does:**\n- **Vests port facilities** in the Port of Melbourne Authority (the government body managing the port)\n- **Creates special legal rights** (called 'easements') allowing the pipeline company to access land for a petroleum pipeline running from the terminal\n- **Sets up a statutory framework** for managing these easements, including how they can be created, varied, and recorded on land titles\n- **Provides powers** for the company to dig up roads and streets to maintain the pipeline, provided they give notice and repair any damage\n\n**Who it affects:**\n- **Crib Point Terminal Pty Ltd** (and any future pipeline owners) - they get the right to maintain and operate the pipeline\n- **Landowners** along the pipeline route - their land is burdened by easements allowing pipeline access\n- **The Port of Melbourne Authority** - they own the port facilities\n- **Local councils and road authorities** - they must cooperate with pipeline maintenance work\n\n**Why it matters:**\nThis legislation ensures Victoria can receive, store and distribute petroleum products through Westernport. It balances the commercial needs of the petroleum industry with protections for landowners by providing a clear legal framework for pipeline access rights, compensation for damage, and cooperation between government bodies."}},"importantCases":[],"_links":{"self":"/api/acts/westernport-crib-point-terminal-act-1963","history":"/api/acts/westernport-crib-point-terminal-act-1963/history","analysis":"/api/acts/westernport-crib-point-terminal-act-1963/analysis","conflicts":"/api/acts/westernport-crib-point-terminal-act-1963/conflicts","importantCases":"/api/acts/westernport-crib-point-terminal-act-1963/important-cases","documents":"/api/acts/westernport-crib-point-terminal-act-1963/documents"}}