{"id":"westernport-development-act-1967","name":"Westernport Development Act 1967","slug":"westernport-development-act-1967","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178445,"registerId":"vic-westernport-development-act-1967-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Westernport Development Act 1967","content":"Version No. 002\n\n**Westernport Development Act 1967**\n\n**No. 7652 of 1967**\n\nVersion incorporating amendments as at  \n1 July 2024\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title 2\n\n2 Interpretation 2\n\n2A Construction of references to State Electricity Commission of Victoria 2\n\n3 Act to bind Crown 3\n\n4 Ratification of agreement 3\n\n5 Power to Governor in Council to grant easements etc. over Crown lands 4\n\n6 Variation of Agreement 4\n\nSchedule 7\n\nEndnotes 26\n\n1 General information 26\n\n2 Table of Amendments 28\n\n3 Explanatory details 29\n\n**Version No.** **002**\n\n**Westernport Development Act 1967**\n\n**No. 7652 of 1967**\n\nVersion incorporating amendments as at  \n1 July 2024\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 Hematite Petroleum Proprietary Limited and Esso Exploration and Production Australia Inc. to authorize the Construction of Additional Port Facilities in Westernport to make Provision with respect to the Reclamation of Certain Land at Old Tyabb and for other purposes.\n\n**Preamble**\n\nWHEREAS Hematite Petroleum Proprietary Limited a company incorporated in the State of Victoria under the **Companies Act 1961** and Esso Exploration and Production Australia Inc. a company incorporated in Delaware one of the United States of America and registered as a foreign company in the State of Victoria are desirous of establishing a fractionation plant at Old Tyabb to enable the petroleum recovered in the waters adjacent to the State of Victoria to be further processed:\n\nAnd whereas the operation of the fractionation plant requires the establishment of adequate port facilities in Westernport:\n\nAnd whereas an agreement to facilitate the establishment of the fractionation plant and the port facilities has been entered into between the Premier of the State of Victoria and the Companies:\n\nAnd whereas the agreement is expressed to be subject to ratification of 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 provisions hereinafter provided.\n\nBe 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\n\nThis Act may be cited as the **Westernport Development Act 1967**.\n\n\t2 Interpretation\n\n(*a*) In this Act unless inconsistent with the context or subject-matter—\n\nS. 2(a)  \ndef. of *The agreement* amended by No. 82/1995 s. 197.\n\n***The agreement*** means the agreement a copy of which is set out in the Schedule and includes the Agreement as varied from time to time.\n\n(*b*) The expressions used in this Act shall have the meanings respectively assigned to them in the agreement.\n\nS. 2A inserted by No. 11/2024 s. 113.\n\n\t2A Construction of references to State Electricity Commission of Victoria\n\nOn and from the commencement of section 8 of the **State Electricity Commission Amendment Act 2024**, a reference to the State Electricity Commission of Victoria in this Act is a reference to the State Electricity Commission of Victoria in existence immediately before the commencement of that section.\n\n**Note**\n\nSee section 114 of the **Former SEC (Residual Provisions) Act 1958**.\n\n\t3 Act to bind Crown\n\nThis Act shall bind the Crown.\n\n\t4 Ratification of agreement\n\n(1) The agreement is hereby ratified validated and approved and shall be given effect to.\n\n(2) The following provisions shall be read as in aid of and not in derogation from the provisions of the last preceding subsection—\n\n(*a*) The Premier and all other Ministers of the State of Victoria and all public statutory corporations and all officers concerned are hereby empowered to carry out the agreement and to enter into such agreements and to give such approvals as are provided for by it; and\n\n(*b*) This Act and the agreement shall take effect notwithstanding anything in any Act or in any proclamation regulation Order in Council by-law lease licence authority permit or agreement under any Act; and every Act proclamation regulation Order in Council by-law lease licence or authority permit or agreement shall by virtue of this Act be deemed to be modified to the extent necessary to give full force and effect to this Act and the agreement (but not further or otherwise) and shall be read and construed and take effect accordingly; and\n\n(*c*) The provisions of the agreement relating to the revocation of the temporary reservation referred to in clause 5 of the agreement shall, by force of this Act and without any further authority take effect.\n\n\t5 Power to Governor in Council to grant easements etc. over Crown lands\n\n(1) Notwithstanding anything to the contrary in any Act or in any lease licence proclamation reservation declaration or dedication of or with respect to any unalienated Crown land, the Governor in Council may upon such conditions as he thinks fit grant to the Companies any lease easement licence or other authority necessary or expedient to enable the Companies to develop the reclaimed area or any land owned by the Companies in the vicinity of the reclaimed area.\n\n(2) Where the Governor in Council proposes to make a grant in fee simple pursuant to paragraph (*m*) of clause 5 of the agreement the following provisions shall have effect—\n\n(*a*) The Governor in Council may accept the surrender of the whole or any part of any lease granted pursuant to the provisions of paragraph (*l*) of clause 5 of the agreement;\n\nS. 5(2)(b) amended by No. 18/1989 s. 13(Sch. 2 item 103).\n\n(*b*) The Registrar of Titles shall record the surrender of any such lease or part of a lease and make any necessary recordings in the Register.\n\nS. 6  \ninserted by No. 82/1995 s. 198.\n\n\t6 Variation of Agreement\n\n(1) The Agreement may be varied by agreement between the Premier of Victoria and the Companies with the approval of the Governor in Council by Order in Council containing particulars of the variation published in the Government Gazette.\n\n(2) Unless and until each House of Parliament passes a resolution in accordance with subsection (6) disallowing an Order in Council varying the Agreement, the provisions of the agreement making the variation shall have the force of law on and after the date on which the Order was published in the Government Gazette as though the provisions of the agreement were expressly enacted in this Act.\n\n(3) An Order in Council made under subsection (1) must, on publication in the Government Gazette, be judicially noticed and that publication is conclusive evidence of the variation to the Agreement set out in the Order.\n\n(4) A copy of each Order in Council made under subsection (1) must be laid before both Houses of Parliament on or before the sixth sitting day after the publication of the Order in the Government Gazette.\n\n(5) An Order in Council made under subsection (1) is disallowed if each House of Parliament passes a resolution in accordance with subsection (6).\n\n(6) A resolution to disallow an Order in Council made under subsection (1) is passed in accordance with this subsection if—\n\n(*a*) notice of the resolution is given in each House of the Parliament on or before the 18th. day on which that House sits after the Order in Council is laid before that House; and\n\n(*b*) the resolution is passed on or before the 12th. day on which that House sits after the notice of resolution has been given in that House.\n\n(7) The power of each House to pass a resolution disallowing an Order in Council under this section is not affected by the prorogation or dissolution of the Parliament or of either House of the Parliament and, if there is such a prorogation or dissolution, the calculation of days on which a House has sat must be made as if there had been no such prorogation or dissolution.\n\n(8) Notice of a resolution to disallow an Order in Council may be expressed to apply to all or any part of the particulars of the variation contained in the Order in Council and a resolution to disallow all or any part of those particulars shall take effect according to its tenor.\n\n(9) If a resolution is passed disallowing part only of the particulars of the variation contained in an Order in Council, the particulars not disallowed shall be of no effect unless and until each of the Premier of Victoria and the Companies gives notice to the other expressing an intention to be bound by the particulars not disallowed, or by part of those particulars, and, if notice is so given, the particulars, or part of the particulars, take effect accordingly.\n\n(10) If an Order in Council is disallowed by Parliament in accordance with subsection (6), the disallowance has the like effect to the repeal of an enactment.\n\n(11) This section is in addition to and not in derogation from the power conferred by the Agreement for the Premier of Victoria and the Companies to enter agreements and arrangements for better giving effect to the provisions of the Agreement.\n\nSchedule\n\nTHIS AGREEMENT is made the 24th day of October One thousand nine hundred and sixty-seven BETWEEN The Honourable Sir HENRY BOLTE in his capacity as the Premier for the time being of the State of Victoria and for and on behalf of the Crown in right of the said State of the one part and HEMATITE PETROLEUM PROPRIETARY LIMITED a company incorporated under the *Companies Act* 1961 of the said State, the registered office of which in the said State is situate at 500 Bourke-street, Melbourne, and ESSO EXPLORATION AND PRODUCTION AUSTRALIA INC. a company incorporated in Delaware one of the United States of America and registered as a foreign company under the said *Companies Act* 1961, the registered office of which in the said State is situate at 380 Lonsdale-street, Melbourne, aforesaid (hereinafter called \"the Companies\") of the other parts—\n\nWHEREAS:\n\nI. The Companies desire to establish, in the vicinity of the Port of Westernport in the said State, a plant for the processing of petroleum.\n\nII. The State, for the purpose of encouraging decentralization of industry, desires to facilitate the establishment of the said plant.\n\nIII. Before the Companies incur the expense involved in the establishment of the said plant, it is necessary that certain rights and powers incidental to the establishment and operation of the said plant should be conferred on the Companies.\n\nIV. For the purpose of conferring the said rights and powers and making provision for other matters, the parties hereto have agreed to execute this Agreement.\n\nNOW IT IS HEREBY AGREED as follows:—\n\nPART I.\n\n***Preliminary.***\n\n1. Agreement to be ratified by Act of Parliament.\n\nThis Agreement shall not be of any force or effect nor shall the parties hereto have any claim against the other in respect of any matter arising out of or in connexion therewith unless such matter arises after this Agreement has been ratified, validated, approved or otherwise given effect to by an Act of Parliament of the said State.\n\n2. Definitions.\n\nIn this Agreement unless inconsistent with the context or subject-matter—\n\n\"The Act\" means the Act of the Parliament of the said State ratifying validating approving or otherwise giving effect to this Agreement.\n\n\"Chief Engineer\" means the Chief Engineer of Ports and Harbors for the State of Victoria, or any other person authorized by him in writing to act for him either generally or in relation to any particular matter under this Agreement.\n\n\"Commencing Date\" means the date on which the Act comes into operation.\n\n\"Commissioning Date\" means the date on which the Companies or either of them first use the jetty for the receipt or dispatch of petroleum.\n\n\"Companies\" means Hematite Petroleum Proprietary Limited and Esso Exploration and Production Australia Inc. and any assigns of these companies.\n\n\"Governor in Council\" has the same meaning as in the *Acts Interpretation Act* 1958.\n\n\"Jetty\" means the jetty to be constructed by the Companies pursuant to this Agreement and includes any additions renovations and alterations made thereto.\n\n\"Petroleum\" includes mineral oil liquified petroleum gas and other hydrocarbons of any description or source whether crude or refined including but without limiting the generality of the foregoing all products obtained from these substances and mixtures of these substances or their products with other substances.\n\n\"Pipelines\" means pipelines installations and attendant facilities erected, constructed, laid down, established or fixed by the Companies on the jetty or between the plant and the jetty or between the plant and petroleum installations established or to be established in other parts of the said State.\n\n\"The Plant\" means the Fractionation Plant to be constructed on the plant site to the plans and specifications of the Companies in accordance with the provisions of this Agreement and includes all additions and alterations that may be made to the plant.\n\n\"Plant Site\"  means the whole of the land described in Certificates of Title volume 7926 folio 090 and volume 4784 folio 753 and any other land in the vicinity thereof which has or may be acquired by the Companies.\n\n\"Premier\"  means the Premier for the time being of the State and includes any Minister of the Crown acting for or on behalf of the Premier.\n\n\"Reclamation area\" means the area of land at or near Old Tyabb containing 250 acres 2 roods 30 perches more or less, commencing in the Parish of Tyabb County of Mornington at the south-western angle of the site temporarily reserved for a cemetery by Order in Council of the 24th February, 1862; bounded thence by that site bearing 93° 46′ 1,000 links; by allotment 76 bearing 180° 2′ 200 links, 93° 46′ 2,960 links, and 355° 28′ 1,495 2/10 links; and thence by lines bearing and measuring approximately 90° 0′ 1,000 links, 180° 0′ 7,652 links, 270° 0′ 682 links, 308° 23′ 5,296 links, and 0° 0′ 3,333 links to the point of commencement.\n\n\"The State\" means the State of Victoria.\n\n3.\n\nThe headings and side-notes shall not affect the interpretation of this Agreement.\n\nPART II.\n\n***Obligations of the Companies.***\n\n4. Construction of the plant.\n\nThe Companies jointly covenant that they will—\n\n(*a*) after the commencing date and without undue delay commence and complete the construction of the plant and thereafter so long as this Agreement shall continue maintain operate and use the plant for the processing of petroleum, such construction, maintenance and operation to comply with accepted good industry practice and the standards and specifications required for the time being of similar plants in Great Britain and in the United States of America;\n\n(*b*) at the cost of the State not exceeding 3,500,000 dollars and to the satisfaction, at all times, of the Chief Engineer—\n\n(i) carry out such preliminary investigations in addition to those conducted by the State as may be necessary in connexion with the design and construction of the jetty;\n\n(ii) design erect and establish a jetty (which shall be and remain the property of the State) extending seaward from the shore adjacent to the south-eastern boundary of the plant site; and\n\n(iii) after giving at least 14 days notice of their intention so to do to the Minister of Public Works carry out such dredging as shall provide (at mean low water, ordinary spring tide)—\n\n(A) a navigable channel of 40 feet minimum depth and a bottom width of approximately 800 feet through the northern arm of Westernport Bay and between the northern boundary of the swinging circle opposite the Refinery Pier at Crib Point and the area next hereinafter mentioned by a route which is to be agreed with the Chief Engineer;\n\n(B) an adequate area in the vicinity of the jetty with a minimum depth of 40 feet to enable safe and unrestricted berthing of vessels and including a turning circle off the jetty of a diameter of approximately 1,800 feet and a minimum depth of 40 feet;\n\n(C) an area approximately 1,100 feet long by 275 feet wide alongside the jetty with a minimum depth of 42 feet;\n\n(D) a 30-foot wide area along the berthing line with a minimum depth of 52 feet;\n\n(*c*) to the satisfaction of the Chief Engineer properly maintain the jetty and make such repairs to the jetty as may from time to time be necessary during the period of 20 years after the commissioning date and for such further periods as are from time to time agreed by the Companies and the Premier but the State shall reimburse the Companies for any cost reasonably incurred by the Companies for so maintaining or repairing the jetty;\n\n(*d*) at their own cost construct, erect and establish with any additions thereto that they may from time to time consider necessary such pipelines as they desire, in accordance with the port rules in force in the Port of Westernport and to the satisfaction of the Chief Engineer, for the loading, unloading of petroleum, provision of a fire-fighting service and the provisioning, bunkering, servicing and watering of vessels using the jetty PROVIDED that such pipelines shall be and remain the property of the Companies;\n\n(*e*) not cause, or permit to be caused any pollution of the waters of Westernport Bay from within the Plant, the Plant site, the Pipelines, or other sources within the control of the Companies: PROVIDED that this clause shall not be understood to impose any obligation or operating restrictions on the Companies more stringent that those imposed on any other persons engaged in similar operations in the Westernport Bay area;\n\n(*f*) comply with all statutes, regulations and rules relating to standards health or safety in the construction, operation and maintenance of the plant and of the facilities attendant thereto including the jetty and all pipelines.\n\nPART III.\n\n***Obligations of the Crown.***\n\n5.\n\nThe Premier, on behalf of the State, covenants that the State will—\n\n(*a*) by virtue of the Act [and without the necessity for any other authority, approval, permit, licence or consent, other than any authority approval permit licence or consent required under the *Town and Country Planning Act* 1961 and the *Local Government Act* 1958 in connexion with the construction operation and maintenance of any building or structure], authorize—\n\n(i) the performance by the Companies of the covenants contained in paragraphs (*a*), (*b*), (*c*) and (*d*) of clause 4; and\n\n(ii) subject to the port rules for the time being applicable to Westernport, the Companies to manage and control the jetty together with the pipelines of the Companies thereon and permit the Companies the prior but not exclusive right to the use of the jetty PROVIDED that the State will not authorize any other person to use the jetty in a way that would prejudicially affect or interfere with the operations of the Companies;\n\n(*b*) maintain the dredging of the channel and areas mentioned in clause 4(*b*)(iii) hereof;\n\n(*c*) install and maintain adequate navigational aids for both day and night navigation;\n\n(*d*) maintain repair and operate tugs and small craft sufficient and adequate to provide normal harbour services at all times including a fire-fighting service (all of which tugs craft and services are hereinafter called \"the harbour services\"), and shall make same available as necessary to satisfy the operational requirements of the plant and of the vessels entering and leaving Westernport for purposes connected with the Plant, at rates no higher than the rates at which such services are made available to any other user;\n\n(*e*) from time to time consult with the Companies as to the extent and methods of operation of the harbour services;\n\n(*f*) facilitate through the State Electricity Commission of Victoria and ensure the provision to the Companies at a point on the boundary of the Plant site as may be mutually agreed an adequate supply of electricity for construction and operational purposes at rates agreed between the Commission and the Companies;\n\n(*g*) facilitate through the State Rivers and Water Supply Commission and ensure the provision to the Companies at a point on the boundary of the plant site as may be mutually agreed an adequate supply of water at such pressure as is determined by the Commission for construction and operational purposes at rates to be agreed between the Commission and the Companies;\n\n(*h*) provide adequate roads from the plant site to principal roads and such other roads as are required along the foreshore for construction and access purposes;\n\n(*i*) ensure that an adequate pilotage service is provided at all times of the day and night for vessels entering and leaving Westernport Bay for purposes connected with the Plant, at rates not exceeding those charged for such service to any other vessels;\n\n(*j*) permit the Companies—\n\n(i) to draw sea water without charge from Westernport Bay for their operations on the plant site and for this purpose to construct such works and use such portions of the sea bed as may be mutually agreed; and\n\n(ii) to discharge in a manner approved by the Minister of Public Works into the waters of Westernport without fee, charge or royalty any effluent which in the opinion of the Minister of Public Works is of a kind and at a temperature that will not cause pollution or harm to or in those waters;\n\n(*k*) grant to the Companies the exclusive right to reclaim in accordance with plans and specifications approved by the Minister of Public Works the whole or any part of the land in the reclamation area at any time within 10 years after the execution of this Agreement or within such further period as is before the expiration of that period agreed to by the Premier;\n\n(*l*) subject to sub-paragraphs (i) (ii) (iii) (iv) and (v) of this paragraph grant to the Companies a lease or leases of the whole or any part of the land in the reclamation area that has been reclaimed to the satisfaction of the Minister of Public Works for a term of 75 years at a rental of not more than $10 per acre per annum:\n\nProvided that—\n\n(i) the companies shall not be entitled to a lease of any of the land that in the opinion of the Minister of Public Works is necessary for or in connexion with the jetty to be established pursuant to this Agreement;\n\n(ii) any such lease shall authorize the use of the land by the Companies for purposes associated with the manufacture processing and storage of petroleum or such other purposes as are from time to time authorized by the Governor in Council and not otherwise;\n\n(iii) any such lease shall be subject to such covenants conditions reservations exceptions and provisions as the Governor in Council thinks fit;\n\n(iv) a lease shall not be granted pursuant to this paragraph after the expiration of twenty years from the execution of the Agreement;\n\n(v) the companies shall be liable to pay costs of any survey in connexion with any such lease and the fees applicable to leases under the *Land Act* 1958 shall apply to any such lease;\n\n(*m*) authorize the Governor in Council for a consideration of not less than the full market value of the land as determined by an appraiser appointed by the Minister of Lands in accordance with the provisions of the *Land Act* 1958 at the time of the grant, to grant in fee simple to the Companies the whole or any part of the land in the reclamation area that has been reclaimed to the satisfaction of the Minister of Public Works:\n\nProvided that—\n\n(i) the State shall not be required to grant access to the land comprised in any such grant;\n\n(ii) the companies shall be liable to pay the costs of any survey undertaken in connexion with the grant and the requirement to make a contribution to the Assurance Fund established under the *Transfer of Land Act* 1958 and the fees applicable to Crown grants under the *Land Act* 1958 shall apply to any grant under this paragraph; and\n\n(iii) any such grant shall be subject to such covenants conditions reservations exceptions and provisions as the Governor in Council thinks fit;\n\n(*n*) enable the Governor in Council to grant any easement right or privilege over any Crown land to the companies for any purpose which in his opinion is necessary or expedient to facilitate the operations of the Companies;\n\n(*o*) revoke the temporary reservation for public purposes made by Order in Council dated 12th July, 1937, and published in the *Government Gazette* on 21st July, 1937, as to so much of the reservation as is within the reclamation area.\n\nPART IV.\n\n***Financial.***\n\n6.\n\n(*a*) Notwithstanding any provision of any other law or regulation which would otherwise be applicable to goods of the kinds described in the table below which are received or dispatched from the jetty for the purposes of or in connexion with the plant (but not including ship's bunkers, lubricants, stores or other vessel supplies not shipped as cargo), there shall be payable therefor (subject however to the provisions of sub-clause (*b*) of this clause) only the wharfage charges calculated at the rates set out in the said table opposite the description of those goods.\n\n**TABLE.**\n\n- *Inward Wharfage Charges.*\n- *Description of Goods—*\n- (i) Goods of any kind received over the jetty in each year of the said period of twenty years commencing on the commissioning date. The rates generally applicable from time to time in the Port of Westernport pursuant to any Statute or Statutes and the Regulations thereunder made from time to time.\n- *Outward Wharfage Charges.*\n- (ii) Goods of any kind (other than petroleum) dispatched over the jetty in each year of the said period of twenty years commencing on the commissioning date. The rates generally applicable from time to time in the Port of Westernport pursuant to any Statute or Statutes and the Regulations thereunder made from time to time.\n- (iii) Petroleum dispatched over the jetty in each year of the said period of twenty years commencing on the commissioning date. 10 cents a ton as defined in sub-clause (*d*) on the first 4,500,000 tons and 5 cents per ton thereafter, subject to the minimum annual payments as provided for in sub-clause (*b*).\n\n\n(*b*) Where in any year during the said period of twenty years the total of the inward and outward wharfage charges pursuant to the above Table on petroleum is less than the total wharfage charges shown below for any such year, the Companies shall within fourteen (14) days after demand in writing is made by the Public Works Department of the said State, pay to the State the amount of the difference between these charges and—\n\n(i) in the first second or third year  \nafter the Commissioning date  \n$300,000\n\n(ii) in the fourth fifth sixth seventh  \neighth or ninth year after the  \nCommissioning date $350,000\n\n(iii) In any subsequent year after the  \nCommissioning date $450,000.\n\n(*c*) After the said period of twenty years the wharfage charges on inward and outward petroleum shall be determined from time to time by the State after consultation with the Companies but in making any such determination the State shall have regard to comparable wharfage charges in force in other ports in Australia.\n\n(*d*) For the purpose of any calculation under or in relation to sub-clauses (*a*) and (*b*) of this Agreement it is agreed that—\n\nOne ton of Propane is equal to 430 Imperial Gallons.\n\nOne ton of Butane is equal to 400 Imperial Gallons.\n\nOne ton of Condensate/Crude Oil is equal to 280 Imperial Gallons at 60°F.\n\nIf petroleum having characteristics significantly different from those shown above is moved across the jetty the State may establish other equivalents for these products.\n\n(*e*) There shall be exempted from all wharfage charges hereunder all materials, supplies and equipment which are moved across the jetty in connexion with the construction, reconstruction, alterations or additions to the jetty, pipelines or plant.\n\n(*f*) Wharfage rates, if any, charged for ship's bunkers, lubricants, stores or other vessel supplies not shipped as cargo shall not be greater than the rates, from time to time, applicable by law in the port of Melbourne.\n\n(*g*) If the State grants another person or persons the right to use the jetty under clause 5(*a*)(ii) the wharfage fees charged to them shall not be less than those specified in sub-clause 6(*a*). In addition, total wharfage charges payable by all such persons will be considered to be payments made by the Companies for purposes of application of the minimum payment provisions of sub-clause 6(*b*).\n\n(*h*) The Companies shall, from time to time during the progress of the works to be carried out by them under this Agreement at the cost of the State, submit to the State statements audited by independent auditors selected by the Companies of the progress expenditure by each Company on such works, and subject to the approval of such statements by the State or its nominee, the State shall reimburse the Companies for the amount expended by them on the said works within a reasonable time as mutually agreed.\n\nPART V.\n\n***General.***\n\n7. Contractors.\n\nWithout affecting the liability of the parties to each other under this Agreement either party shall have the right from time to time to entrust to other persons the performance of such portion or portions of its obligations and operations authorized under this Agreement as it may consider expedient.\n\n8. Assignment of Agreement or interest therein.\n\n(1) This Agreement or any rights therein shall not be assigned or otherwise dealt with by the Companies or either of them except as provided hereinafter.\n\n(2) Either of the Companies may assign its rights in this Agreement to a Company which is its subsidiary Company within the meaning of the *Companies Act* 1961.\n\n(3) With the consent in writing of the Premier the Companies may assign their rights under this Agreement or either of the Companies may assign its rights under this Agreement and such consent shall not be unreasonably withheld but may be given subject to such reasonable conditions as the Premier thinks fit.\n\n(4) A subsidiary Company to which rights under this Agreement have been assigned shall have the like rights to assign its rights either alone or jointly with the other company as the Companies have under this clause.\n\n9. Delays in performance of obligations.\n\nThis Agreement is made subject to any delay in the performance of any obligation under this Agreement which may be occasioned by or arise from circumstances beyond the power and control of the party responsible for the performance of such obligation, including, but without limiting the generality of the foregoing, delay caused by or arising from act of God, act of war, force majeure, act of public enemies, strikes, lock-outs, stoppages, restraint of labour, whether partial or general, shortage of essential materials, reasonable failure to secure or delays of contractors, riots and civil commotion and a failure by either party to perform its obligation for any such reason shall not be deemed a breach of this Agreement and such obligations shall be performed within a reasonable period following the cessation of the circumstances which so delayed performance.\n\n10. Power to enter into agreements.\n\nThe Premier, on the one part, and the Companies, on the other part, may from time to time enter into agreements or arrangements with each other for better giving effect to the provisions of this Agreement.\n\n11. Determination of agreement.\n\nIf the Companies or either of them—\n\n(*a*) enters into liquidation (other than a voluntary liquidation for the purpose of reconstruction); or\n\n(*b*) delays the commencement of the construction of the plant beyond the period of one year from the commencing date for any cause other than one or more of those specified in clause 9 hereof; or\n\n(*c*) abandons or repudiates this Agreement—\n\nthe Premier may by notice in writing determine this Agreement but such determination shall not affect the enforcement of any right, obligation or liability theretofore accrued or incurred.\n\n12.\n\nThe Companies may, at their own cost, with the prior approval in writing of the Premier and to the satisfaction of the Chief Engineer, construct erect and establish such additions and alterations to the jetty, and carry out such dredging as, in the opinion of the Companies, may be necessary to provide for any increase in the designed capacity or throughput of the plant.\n\n13. Arbitration.\n\nIf there shall be any difference or dispute between the parties hereto in respect of any matter arising out of or in connexion with this Agreement either party may give notice to the other of the difference or dispute and if the difference or dispute is not settled within one month after service of the notice—\n\n(*a*) that matter shall be referred to two arbitrators one to be appointed by the Companies and one by the Premier; and\n\n(*b*) the provisions of the *Arbitration Act* 1958 (in particular the provision allowing arbitrators to appoint an umpire) shall apply to the reference as if it were a reference by consent under that Act.\n\n14. Notices.\n\nAny notice consent or other writing authorized or required by this Agreement to be given or sent shall be deemed to have been duly given or sent by the State if signed by the Premier or other Minister of the Crown acting on his behalf and forwarded by prepaid post to the registered office of the Companies (or either of them) in the said State or to the plant site, and by the Companies if signed by a director or the secretary of either company in the said State, and forwarded by prepaid post to the Premier and any such notice consent or writing shall be deemed to have been received on the day on which it would be delivered in the ordinary course of post.\n\n15. Interpretation of Agreement.\n\nThis Agreement shall be interpreted according to the laws for the time being in force in the said State.\n\nIN WITNESS whereof the parties hereto have executed this Agreement the day and year first above written.\n\n| Signed sealed and delivered by the said SIR HENRY BOLTE in the presence of MURRAY PORTER— |    ⎪      ⎪    | HENRY BOLTE   (L.S.) |\n| --- | --- | --- |\n|  |  |  |\n| The Common seal of Hematite    Petroleum Proprietary Limited was    hereto affixed by authority of the    Board of Directors |    ⎪   ⎪      ⎪   ⎪    | K. A. ROWELL,   Director.   R. G. WALLACE,   Secretary.   (L.S.) |\n|  |  |  |\n| Signed sealed and delivered by Esso Exploration and Production Australia Inc. by its attorney EDWIN JAMES STANLEY in the presence of L. H. BODNARUK— |    ⎪   ⎪      ⎪   ⎪    | EDWIN JAMES STANLEY   (L.S.) |\n\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 21 November 1967*\n\n*Legislative Council: 7 December 1967*\n\nThe long title for the Bill for this Act was—\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 Hematite Petroleum Proprietary Limited and Esso Exploration and Production Australia Inc. to authorize the Construction of Additional Port Facilities in Westernport to make Provision with respect to the Reclamation of Certain Land at Old Tyabb and for other purposes.\n\nThe **Westernport Development Act 1967** was assented to on 19 December 1967 and came into operation on 19 December 1967.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Westernport Development Act 1967** by Acts and subordinate instruments.\n\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**Port Services Act 1995, No. 82/1995**\n\n| Assent Date: | 28.11.95 |\n| --- | --- |\n| Commencement Date: | Ss 197, 198 on 14.12.95: Government Gazette 14.12.95 p. 3488—see **Interpretation of Legislation Act 1984** |\n| Current State: | This information relates only to the provision/s amending the **Westernport Development Act 1967** |\n\n\n**State Electricity Commission Amendment Act 2024, No. 11/2024**\n\n| Assent Date: | 26.3.24 |\n| --- | --- |\n| Commencement Date: | S. 113 on 1.7.24: Special Gazette (No. 319) 18.6.24 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Westernport Development Act 1967** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","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"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The core purpose (ratifying an agreement to enable a fractionation plant and port works at Westernport) remains unchanged. However later inserts and amendments have broadened how the Agreement can operate in practice. Most notably, section 6 (inserted 1995) establishes an executive Order-in-Council pathway for varying the Agreement, subject to parliamentary disallowance; that changes governance by enabling the executive to make binding variations without enacting a new statute (though Parliament retains a disallowance route). Other amendments (for example the 1989 Transfer of Land / computer register adjustments and the 2024 construction reference to the State Electricity Commission) are administrative/interpretative updates that alter implementation rather than the Agreement’s substantive industrial purpose. Overall the legislation’s operational scope has widened in its flexibility and administrative mechanisms beyond the original 1967 model."},"complexity_factors":["Agreement incorporated as Schedule with many defined terms (around 20+ defined expressions in Schedule Part I cl.2)","Cross-references to multiple external Acts and agencies (Land Act 1958, Transfer of Land Act 1958, Town and Country Planning Act 1961, Local Government Act 1958, Acts Interpretation Act 1958, State Electricity Commission provisions)","Nested provisos and conditional grants in Schedule cl.5 (e.g. subparagraphs (i)–(v) within lease/grant clauses)","Financial table with multi-tiered rates and minimum-guarantee provisions (Schedule cl.6(a)–(b))","Temporal conditions and phased obligations (20‑year wharfage fixation, 20‑year maintenance period, 10‑year exclusive reclamation window)","Executive variation mechanism with parliamentary disallowance and detailed procedural timing (s.6 with subsections (2)–(11))","Ministerial and Governor-in-Council discretion across several key approvals (reclamation plans, effluent approval, lease terms and conditions, easements)","Amendments over time affecting interpretation (notably s.2A 2024, s.6 inserted 1995, and 1989 Transfer of Land amendment), adding layers to operation and administration"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- The Act gives legal force to a written Agreement between the State of Victoria (represented by the Premier) and two companies (Hematite Petroleum Pty Ltd and Esso Exploration & Production Australia Inc.) to allow those companies to build and operate a fractionation (petroleum processing) plant near Westernport and to construct associated port works (notably a jetty and dredged channel).\n\n- The Agreement (set out in the Schedule and incorporated into the Act) sets out reciprocal obligations: what the Companies must build and operate, and what the State must provide or permit. The Act ratifies the Agreement so it has statutory effect and overrides inconsistent laws to the extent necessary (see s.4(b)).\n\n- The Governor in Council is given powers to grant leases, easements, licences or other interests over Crown land that are necessary for the Companies’ operations (s.5). The Governor in Council may also, for market value, grant fee simple title to reclaimed land (s.5(m)).\n\n- The Act contains a built-in mechanism for varying the Agreement by Order in Council (executive regulation). Those Orders take effect on publication unless both Houses of Parliament pass a resolution to disallow them under a defined timetable (s.6).\n\n**Key rights and obligations (who does what, who pays)**\n\n- Companies’ obligations (Schedule, Part II):\n  - Build and operate the fractionation plant to accepted industry standards and maintain it (cl.4(a), (f)).\n  - Design and build a jetty and carry out specified dredging works; pipelines built by the Companies remain their property (cl.4(b),(d)).\n  - Maintain the jetty for 20 years after first use; the State reimburses reasonable maintenance/repair costs incurred by the Companies (cl.4(c)).\n  - Avoid causing pollution from their facilities; however the obligation is qualified so it is not stricter than the standard applying to others in the area (cl.4(e)).\n\n- State/Crown obligations (Schedule, Part III):\n  - Authorise the Companies to perform their construction and operational covenants without needing further authority (subject to town planning/local government approvals where relevant) (cl.5(a)).\n  - Maintain the dredged channel and provide navigational aids, pilotage, harbour services and tugs; ensure electricity and water supply facilitation through relevant state commissions; provide roads to the site (cl.5(b)–(i)).\n  - Allow the Companies an exclusive right to reclaim specified foreshore land (the “reclamation area”) within defined time limits, and offer long-term leases (up to 75 years at a capped rent of not more than $10 per acre per annum) of reclaimed land subject to conditions (cl.5(k)–(l)). The State may instead sell reclaimed land at full market value (cl.5(m)).\n  - Permit the Companies to draw seawater free of charge and to discharge effluent into Westernport Bay if approved by the Minister of Public Works (cl.5(j)).\n\n- Financial arrangements (Schedule, Part IV):\n  - Wharfage (port usage) charges for petroleum are fixed for a 20‑year period at 10 cents per ton for the first 4.5 million tons and 5 cents per ton thereafter, with an annual minimum payment guarantee required of the Companies if actual wharfage receipts fall short (escalating minima set out in cl.6(b)). Other goods are charged at the generally applicable port rates (cl.6(a)–(c)).\n  - Certain construction materials and plant-associated movements are exempt from wharfage (cl.6(e)).\n  - The Companies must submit audited statements of progress/expenditure for works carried out at the State’s cost, and the State will reimburse approved amounts (cl.6(h)).\n\n**Who pays, who decides, and what changes in behaviour**\n\n- Who pays: the State takes on upfront and ongoing public costs (dredging and navigational maintenance, harbour services provision, and reimbursement of up to $3,500,000 for preliminary jetty investigations/build costs as specified in the Agreement (cl.4(b))). The Companies fund construction and pipeline works (subject to State reimbursement where agreed) and pay wharfage and any minimum revenue shortfalls (cl.6(b),(h)). If land is granted in fee simple, the Companies must pay market value and statutory fees (cl.5(m)).\n\n- Who decides: the Premier and Ministers execute the Agreement and give approvals specified in it; the Minister of Public Works has approval power over reclamation plans and effluent discharge; the Governor in Council has power to grant land interests and to accept lease surrenders; relevant statutory agencies (State Electricity Commission; State Rivers and Water Supply Commission) are the conduits for electricity and water supply obligations (Schedule, cl.5(f)–(g); s.2A updates references to the State Electricity Commission).\n\n- Behavioural changes the law enables: the Companies gain statutory certainty (rights to build, operate, reclaim land and to priority use of the jetty) that lowers regulatory risk for investing in the plant and port works. The State commits to providing and maintaining public maritime infrastructure and services to support the private facility.\n\n**Stated purpose and a concise test against costs, incentives and trade-offs**\n\n- Stated purpose (in the Preamble and Agreement): to facilitate construction of a fractionation plant and its port facilities, and to encourage decentralisation of industry.\n\n- Costs and fiscal effects: the State takes on material operational and capital obligations (dredging, harbour services, reimbursement up to the specified limit). The State also grants favourable long-term property rights (exclusive reclamation rights, low-rent leases) that are a transfer of value to the Companies unless full fee-simple sales at market value are taken instead.\n\n- Incentives and private effects: the Companies receive predictable low wharfage rates for petroleum and long-term tenure options for reclaimed land; these lower ongoing operating costs and improve the commercial viability of the investment. The guaranteed minimum wharfage payments protect the State’s revenue stream from the jetty but also expose the Companies to minimum-payment obligations.\n\n- Trade-offs and opportunity costs: public funds and ongoing maintenance obligations are directed to enabling a particular private enterprise. The giving of exclusive reclamation rights and long leases concentrates benefit in a small set of private actors (Schedule, cl.5(k)–(l)). The State’s commitment to maintain dredging and services may reduce its flexibility to prioritise other maritime projects in the area.\n\n- Implementation risk, compliance burden and discretion: implementation requires technical works (dredging, jetty construction, maintenance) and the State and Companies must coordinate across agencies (Ports, Electricity, Water, Public Works). Several key decisions rest on ministerial or Governor-in-Council discretion (approval of reclamation plans, acceptance of lease surrenders, conditions on leases, approval of effluent discharge) creating points where administrative judgment will shape outcomes (Schedule, cl.5, cl.4(c), cl.5(j)(ii)). The Agreement includes standard force majeure protection (cl.9) and provides arbitration for disputes (cl.13).\n\n**Legal and procedural mechanics to note**\n\n- The Agreement is incorporated into and made enforceable by the Act; where inconsistent, the Act/Agreement prevail (s.4(b)).\n- The Act allows the Agreement to be varied by Order in Council subject to a parliamentary disallowance window (s.6). That creates an executive-led variation pathway with a defined parliamentary check.\n- The Act binds the Crown (s.3) and contains assignment rules allowing transfer of rights to subsidiaries or with the Premier’s consent (Schedule, cl.8).\n\n**Why this matters**\n\n- The Act turns a bespoke public–private development arrangement into statutory obligations that allocate significant operational and property rights to the Companies and corresponding service and maintenance obligations to the State. It thereby changes the regulatory and fiscal landscape for development at Westernport by granting long-term tenure and operational certainty to specific private parties while imposing infrastructural and administrative obligations on the public sector (see Schedule, Parts II–IV)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to determine whether the Act's scope changed from its original intent. The document supplied contains only version history and status metadata, with no substantive legislative provisions visible for analysis."},"complexity_factors":["Insufficient legislative text provided — only version history metadata is visible, not the substantive provisions of the Act","Age of the legislation (1967) may mean it interacts with superseded planning frameworks, adding interpretive complexity","Regional development laws can involve multiple overlapping jurisdictions (state, local, Commonwealth), but this cannot be confirmed from the available text","Low score reflects the extremely limited information available rather than confirmed simplicity of the Act itself"],"plain_english_summary":"## Westernport Development Act 1967\n\n**What is this?**\nThis is a Victorian law from 1967 relating to development activity in the Westernport region of Victoria — an area south-east of Melbourne encompassing the bay, coastline, and surrounding lands.\n\n**What does it do?**\nBased on the available text, this Act was designed to regulate, facilitate, or authorise development activities in the Westernport area. Laws of this era typically established authorities or frameworks to oversee land use, industrial development, and infrastructure planning in strategically important coastal or regional areas.\n\n**Who does it affect?**\n- Landowners, developers, and businesses operating in or near the Westernport region\n- Government bodies responsible for planning and development in the area\n- Potentially local councils and residents in the affected zone\n\n**Why does it matter?**\nThe Westernport area has significant industrial, environmental, and residential importance. A development Act governing this region would shape what can be built, who can build it, and under what conditions — with lasting consequences for the environment, local communities, and industry.\n\n**Important caveat:** The document provided contains only minimal structural information (version history, status indicators) and **very limited substantive content**. A full analysis of specific rights, obligations, and powers created by this Act is not possible from the text supplied."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the Westernport oil and gas facility. The 1995 amendment added a parliamentary disallowance mechanism for variations, and the 2024 amendment updated a reference to the State Electricity Commission, but neither expanded the substantive scope beyond the original 1967 Agreement."},"complexity_factors":["The Act itself is short (6 sections plus Schedule), but the Schedule contains a detailed commercial agreement with 15 clauses and multiple sub-clauses","Heavy cross-referencing between the Act and the Schedule (the Agreement), requiring readers to flip between documents to understand rights and obligations","Nested provisos and exceptions in the Schedule (e.g., clause 5(l) has 5 sub-paragraphs with conditions on lease grants)","Conditional logic for parliamentary disallowance in Section 6 (added 1995) with specific timing calculations that survive prorogation/dissolution","19 defined terms in the Agreement (Schedule), plus incorporation by reference to meanings in other Acts (Companies Act 1958, Land Act 1958, etc.)","Section 4(2)(b) contains a sweeping \"notwithstanding\" clause that overrides all other legislation—a complex constitutional mechanism","Recent amendment (2024) adds a transitional provision (Section 2A) dealing with the reconstitution of the State Electricity Commission, creating temporal complexity"],"plain_english_summary":"This is a Victorian law from 1967 that rubber-stamped a deal between the state government and two oil companies—Hematite Petroleum and Esso—to build a major industrial facility at Westernport Bay, near Melbourne.\n\n**What it does:**\n- **Ratifies a contract** (the \"Agreement\") that lets the companies build a \"fractionation plant\" (a facility to process raw petroleum and gas) at Old Tyabb, plus a jetty and pipelines at Westernport.\n- **Overrides other laws** to make the project happen. It says the deal takes effect even if it conflicts with other Acts, regulations, or existing leases.\n- **Gives the companies special rights**, including:\n  - The exclusive right to reclaim (fill in) 250 acres of coastal land.\n  - Long-term leases (up to 75 years) on that reclaimed land for just $10 per acre per year.\n  - The option to buy the land outright later at market value.\n  - Cheap wharfage fees (dock charges) for 20 years, with guaranteed minimum payments to the state.\n  - Free seawater extraction and effluent discharge (with approval).\n- **Makes the state build infrastructure**, including dredging a deep shipping channel, providing electricity and water, building roads, and supplying tugboats and pilots.\n\n**Who it affects:**\n- **Esso and Hematite Petroleum** (now part of ExxonMobil) — they got a sweetheart deal to establish what became the Longford gas plant and related facilities.\n- **The Victorian public** — the state committed to significant spending on infrastructure and gave away land and resources at heavily subsidised rates.\n- **Future governments** — the Act locks in terms that can only be varied with parliamentary oversight (Section 6).\n\n**Why it matters:**\nThis Act is the legal foundation for Victoria's major oil and gas processing hub. It shows how 1960s governments used \"ratifying Acts\" to commit to long-term commercial deals with resource companies, often locking in favourable terms for decades. The 1995 amendment (Section 6) added parliamentary scrutiny for changes, but the core 1967 deal remains largely intact."}},"importantCases":[],"_links":{"self":"/api/acts/westernport-development-act-1967","history":"/api/acts/westernport-development-act-1967/history","analysis":"/api/acts/westernport-development-act-1967/analysis","conflicts":"/api/acts/westernport-development-act-1967/conflicts","importantCases":"/api/acts/westernport-development-act-1967/important-cases","documents":"/api/acts/westernport-development-act-1967/documents"}}