Shell (Corio to Williamstown) Pipelines Act 1964

Pipeline. The definition in section 2 is broad. It means a system of pipes for conveying petroleum or petroleum products, together with all ancillary equipment and works connected therewith. This expressly includes supporting structures, electric cables, and anti-corrosion devices. The definition is not limited to the pipes themselves but extends to the entire infrastructure needed to operate the line. This breadth matters because the compulsory acquisition powers, easement grants, and street-opening powers all apply to the pipeline as defined, covering everything from cathodic protection systems to communication cables.

Company. The Company is defined as Shell Refining (Australia) Proprietary Limited and any other company that, by virtue of section 7(5) of the Companies (Victoria) Code, is deemed to be related to Shell Refining. This definition was amended by the Companies (Consequential Amendments) Act 1981 to incorporate the related-company concept. It means that the powers and obligations under the Act extend to any company in the same corporate group as Shell Refining. This is significant because it allows the pipeline to be operated or maintained by a related entity without a new Act or further legislative authorisation.

Public statutory corporation. This term means any body corporate established by or pursuant to any Act for a public purpose, and includes a municipality. Entities such as water authorities, electricity utilities, and local councils fall within this definition. Sections 7 and 12 confer powers on such corporations to grant easements and enter cooperation agreements with Shell, overriding any restrictions in their own enabling Acts.

Override provision. Section 4 is the engine of the Act. It operates as a legislative override: no existing law or instrument can prevent the construction or operation of the pipeline. This includes not only statutes but also leases, licences, and contractual agreements. The effect is that any inconsistent provision is automatically modified to the extent necessary to give full force to the Act. This is a powerful tool that eliminates the need for Shell to obtain numerous consents or planning approvals. It imposes a significant compliance burden on other parties, who must adjust their rights and obligations to accommodate the pipeline.

Compulsory acquisition. Section 8 gives Shell the power to take compulsorily any easement over private land required for the pipeline. The Lands Compensation Act 1958 is incorporated and read as one with this Act. However, the usual references in that Act to "Minister of Lands" are replaced with "the Company," and "Lands" means any easement. This means Shell effectively steps into the shoes of the government for the purpose of compulsory acquisition, but only for easements, not freehold title. The acquisition process must follow the procedures in the Lands Compensation Act, including compensation assessment.

Easements over Crown lands. Section 6 allows the Governor in Council to grant Shell any lease, easement, licence, or other authority over unalienated Crown lands, notwithstanding any existing lease, licence, proclamation, reservation, or dedication. This overrides the usual Crown land management regime. Similarly, section 7 requires public statutory corporations to grant easements over their lands if the Governor in Council so determines, or they may agree voluntarily.

Compensation regime. Section 11 imposes a duty on Shell to do as little damage as possible and to compensate landowners for damage sustained from the exercise of its powers. Compensation is a gross sum, agreed or determined under the Lands Compensation Act. Claims must be made within two years of the exercise of the power. Section 13 excludes Crown liability for compensation: no public statutory corporation or any person can receive compensation from the Crown for the passing or operation of the Act. This allocation of risk means landowners must look only to Shell, not to the state.

Use restriction. Section 14 limits pipeline use to petroleum and petroleum products except as provided. It prohibits the carriage of natural, manufactured, or liquefied petroleum gas unless it is to the Company itself or to an undertaker covered by the Gas Regulation Act 1958. However, manufactured or liquefied petroleum gas may be carried if used for purposes other than as fuel. This restriction confines the pipeline’s function to the original refinery-to-installation purpose and prevents diversion to third-party gas transport.

Shell Refining (Australia) Proprietary Limited and related companies. As the defined Company, Shell is the primary beneficiary of the Act. It receives the right to construct, operate, maintain, and repair the pipeline; the power to acquire easements compulsorily; the right to break up streets; and the ability to obtain easements over Crown and public statutory corporation lands. Shell also bears the duties to compensate for damage, restore roads, and give notice before street opening.

The Crown in right of Victoria. The Act binds the Crown (section 3). This means Crown lands are subject to easement grants authorised by section 6, and the Crown cannot rely on Crown immunity to resist the pipeline. However, the Crown is also protected by section 13 from liability for compensation, except where the Act expressly provides otherwise. The Governor in Council plays an active role: authorising deviations under section 5(2), directing public statutory corporations to grant easements under section 7, and consenting to cooperation agreements under section 12.

Public statutory corporations. This broad category includes municipalities, water authorities, electricity corporations, and any other body corporate established for a public purpose. These entities are affected in two ways. First, under section 7, they must grant easements over their land if the Governor in Council so determines, regardless of any restrictions in their own constituent Acts. Second, under section 12, they may enter cooperation agreements with Shell with gubernatorial consent, potentially sharing trenching or alignment. They also receive notice before the pipeline breaks up streets under section 10.

Private landowners. Owners of private land along the pipeline route are directly affected. Shell may take easements over their land compulsorily under section 8, with compensation determined under the Lands Compensation Act 1958. Landowners have a right to compensation for damage under section 11, but must claim within two years of the exercise of the power. The pipeline easement burdens the land permanently; subsequent purchasers take subject to the easement.

Crown licensees and lessees. Holders of Crown licences or leases over land subject to a pipeline easement are affected by section 9. The Director-General of Conservation, Forests and Lands must endorse the easement on the licence or lease, and the easement rights vest in Shell. Upon Crown grant, the land is issued subject to the easement. These persons lose any right to object to the pipeline and their interests are subordinated.

Local authorities. Councils and other road authorities are affected by section 10. Shell may open and break up streets and temporarily stop traffic, subject to three days’ notice except in emergencies. The Company must restore the street to the authority’s satisfaction and bear increased repair costs for six months. The authority has a role in approving the restoration.

Gas undertakers under the Gas Regulation Act 1958. Section 14 allows the pipeline to carry gas to such undertakers but restricts carriage of gas generally. This affects the market for pipeline capacity: Shell cannot use the pipeline to transport gas for other parties.

Persons with contractual rights over the land. Anyone holding an agreement, permit, or authority that is inconsistent with the pipeline has their rights modified by section 4. Such instruments are deemed modified to give effect to the Act. This may include easement holders, utility companies, and lessees.

Rights of the Company. Shell has the right to construct and operate the pipeline along the authorised route at approximately three feet depth (section 5(1)). The Governor in Council may authorise deviations (section 5(2)). Shell may take compulsory easements over private land (section 8(1)), and the Lands Compensation Act is incorporated with Shell standing in the Minister’s role (section 8(2)). Shell may also obtain leases, easements, licences, or other authorities over Crown lands (section 6) and over lands of public statutory corporations (section 7). Under section 10(1), Shell may open and break up the soil and pavement of any public or private street, road, or bridge and temporarily stop traffic. Shell may enter cooperation agreements with public statutory corporations for joint pipeline, water main, or gas main construction (section 12). The related-company definition in section 2 extends these rights to any entity related to Shell Refining under the Companies (Victoria) Code.

Duties of the Company. When exercising its powers, Shell must do as little damage as possible (section 11). It must make full compensation for any damage sustained by landowners or interested parties, within two years of the exercise of power, with compensation in a gross sum agreed or determined under the Lands Compensation Act (section 11). Before opening or breaking up any street, road, or bridge (except in emergencies), Shell must give at least three days’ written notice to the local authority or person having control (section 10(2)). After breaking up, Shell must restore the portion to as good condition as before, remove surplus material, fence and light the place to prevent accidents, and bear all reasonable expenses of repair for six months after restoration, to the extent these expenses are increased by the opening (section 10(3)). Shell must not use the pipeline for carriage of gas except to itself or to a Gas Regulation Act undertaker, and manufactured or liquefied petroleum gas for non-fuel use is permitted (section 14). Shell must forward descriptions of easements over Crown leasehold or licensed land to the Director-General of Conservation, Forests and Lands (section 9(1)).

Rights of landowners and other parties. Landowners have the right to compensation for damage sustained from Shell’s exercise of powers, but must claim within two years (section 11). They may agree on a gross sum or have compensation determined under the Lands Compensation Act. They are entitled to receive notice of easement recordings (section 9(3) for Crown leaseholders). The Act does not expressly give a right to object to the pipeline; the override provision (section 4) modifies pre-existing rights.

Rights of public statutory corporations. These entities may voluntarily grant easements to Shell on agreed conditions (section 7). They may also enter cooperation agreements for joint construction with Shell (section 12). They have no right to refuse if the Governor in Council determines the grant must be made (section 7).

Rights of the Crown. The Governor in Council may authorise deviations (section 5(2)), determine that public statutory corporations must grant easements (section 7), and consent to cooperation agreements (section 12). The Crown is not liable to pay compensation under section 13.

The Act contains no express penalty provisions, no criminal offences, and no pecuniary penalties for non-compliance. It does not create regulatory oversight by a Minister or agency to ensure compliance, nor does it prescribe fines or imprisonment for failure to fulfil duties. This is typical of authorising Acts from this era, which rely on civil remedies and underlying general law rather than statutory enforcement.

The primary enforcement mechanism is through compensation claims under section 11 and the incorporated Lands Compensation Act 1958. If Shell fails to compensate for damage, the affected landowner may claim compensation through the Lands Compensation Act procedures. That Act provides for the determination of compensation by agreement or, in default, by the relevant compensation tribunal or court. The time limit of two years from the exercise of the power to require compensation (section 11) means that landowners must act promptly or lose their right. This limitation is a significant enforcement risk; if Shell delays or refuses, the landowner must move within two years or the entitlement is extinguished.

For failure to restore streets or give proper notice, section 10 imposes duties but no specific penalty. The local authority or affected person could potentially seek an injunction or damages at common law for nuisance or breach of statutory duty, but the Act does not provide a statutory cause of action. The duty to restore "to as good condition as before" and to bear six months’ increased repair costs is enforceable in civil proceedings, but the burden of proof falls on the local authority.

If Shell uses the pipeline in breach of section 14 (carrying prohibited gas), the Act does not specify a penalty. An affected party (perhaps a gas undertaker denied access, or a regulator) might seek injunctive relief or damages for breach of statutory duty. The Gas Regulation Act 1958 may have its own enforcement provisions that could be engaged, but the pipeline Act itself is silent.

Because the Act binds the Crown (section 3), the Crown is subject to its provisions but cannot be penalised criminally. The Crown’s rights under section 13 to avoid liability are absolute: no compensation from the Crown is payable. This means enforcement actions against the Crown are not available for compensation.

In practice, the pipeline has been in operation for decades, and the lack of penalty provisions has not prevented compliance. But for a current reader, the absence of enforcement teeth means that private remedies are the only check on Shell’s conduct. This is a cost borne by affected landowners and local authorities, who must fund their own legal actions to enforce duties.

The power of the Governor in Council to direct public statutory corporations to grant easements (section 7) is backed by no statutory sanction if a corporation refuses, though a court might compel compliance through prerogative relief given the mandatory language ("shall, if the Governor in Council so determines").

Override of inconsistent laws. Section 4 is the most significant interaction provision. It provides that the Act takes 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." Every such instrument is deemed modified to the extent necessary to give full force and effect to this Act. This overrides all other Victorian legislation that might otherwise apply, including planning and environment Acts, local government by-laws, land management legislation, and any statutory restrictions on pipeline construction. The only exception is the Gas Regulation Act 1958, which is referenced in section 14 for use restrictions.

Lands Compensation Act 1958. Section 8(2) incorporates the Lands Compensation Act 1958, making it part of this Act for the purposes of compulsory acquisition of easements. However, the incorporated Act is modified: "Minister of Lands" means the Company, "Lands" means any easement, "Special Act" means this Act, and "the works" means any authorised pipeline. This means Shell becomes the acquiring authority with the same powers and procedures as a minister, but only for easements. The compensation regime under that Act applies, including arbitration or court determination of disputed amounts.

Gas Regulation Act 1958. Section 14 restricts the pipeline’s use to petroleum and petroleum products, but permits gas carriage only to the Company or to an undertaker under the Gas Regulation Act 1958, with an exception for manufactured or liquefied petroleum gas for non-fuel use. This interaction prevents the pipeline from being used as a common-carrier gas pipeline without authorisation under the gas regime. The Gas Regulation Act 1958 itself presumably regulates gas undertakers, but the pipeline Act does not incorporate it except for this limitation.

Companies (Victoria) Code. The definition of "Company" in section 2 was amended by the Companies (Consequential Amendments) Act 1981 to include any company related to Shell Refining (Australia) Proprietary Limited under section 7(5) of the Companies (Victoria) Code. This means corporate restructures or transfers of the pipeline to a related entity within the Shell group do not require new legislation. The effect is to future-proof the Act against corporate reorganisation.

Crown lands legislation. Section 6 overrides any inconsistent provisions in Crown lands Acts, leases, licences, proclamations, reservations, declarations, or dedications with respect to unalienated Crown land. The Governor in Council may grant the necessary interests to Shell. This overrides the Land Act 1958 and any specific reservation or dedication that would otherwise prevent pipeline construction.

Local government and road management Acts. Section 10 overrides restrictions on breaking up streets and roads. The Company must give three days’ notice and restore the road, but does not need a separate permit under local government Acts. The duty to restore and bear increased repair costs for six months is an obligation that interacts with the road authority’s management functions.

Transfer of Land Act (and now computer register). Section 9 deals with recording easements over Crown leasehold or licensed land. The provisions require the Registrar of Titles to record easements on the relevant folio. By amendment via the Transfer of Land (Computer Register) Act 1989, references were updated to the folio of the Register and the computer register system. This ensures the easement is noted on title, binding subsequent purchasers.

Acts of public statutory corporations. Section 7 overrides any contrary provision in the enabling Acts of municipalities and other public statutory corporations. These bodies cannot rely on their own Acts to refuse an easement if the Governor in Council directs. Section 12 also interacts with their powers to construct pipelines or mains, allowing them to cooperate with Shell.

The Act has been amended three times since its enactment in 1964, all by way of consequential or machinery amendments rather than substantive policy changes.

Statute Law Revision Act 1965 (No. 7332/1965). This commenced on 14 December 1965. It made minor amendments to sections 5(2) and 8(2). Section 5(2) amendment related to the publication of the Governor in Council order authorising deviations; the amendment replaced a reference to the Government Gazette. Section 8(2) was amended to update the reference to the Lands Compensation Act 1958. This was a standard housekeeping revision.

Companies (Consequential Amendments) Act 1981 (No. 9699/1981). This Act amended section 2 to replace the original definition of "Company" with the current one that includes related companies under the Companies (Victoria) Code. The amendment removed the earlier narrower definition and broadened it to cover any company deemed related to Shell Refining (Australia) Proprietary Limited under the Code. The amendment commenced on 5 January 1982 for this section, with other parts of the amending Act commencing on various dates. This change was consequential upon the introduction of the Companies (Victoria) Code, which replaced earlier companies legislation.

Transfer of Land (Computer Register) Act 1989 (No. 18/1989). This Act amended section 9 to update references from the old paper-based register system to the computerised folio of the Register. Section 9(3) was amended to refer to "the relevant folio of the Register" instead of the old terminology. The Act also updated references to the Registrar of Titles. The amendments commenced on 3 February 1992, following proclamation. This change was purely administrative.

No other amendments have been made. The Act remains largely in its original form, with the main substantive change being the broadening of the Company definition. The Table of Amendments in the endnotes confirms these three amending Acts.

The absence of significant amendment over nearly 60 years suggests that the Act has operated without major controversy or that the pipeline’s operation is now routine. However, note that the Act does not include a sunset or review clause; it remains in force indefinitely.

The Act itself does not contain any reference to litigation or court decisions. The text lists no cases, and the endnotes have no explanatory details. However, given that the Act confers compulsory acquisition powers and compensation rights, litigation under the incorporated Lands Compensation Act 1958 is the most likely forum for disputes. The Act does not create a specialised tribunal; compensation disputes are determined under the general compensation framework, which historically involved the County Court or the Supreme Court.

No reported decisions directly interpreting this Act are recorded in the source. Given the narrow scope of the Act (a single pipeline for a single company) and the override provision, the potential for litigation is limited. Affected landowners may have challenged compensation amounts, but those would be brought under the Lands Compensation Act, not the pipeline Act directly. The absence of reported decisions may indicate that most claims were settled by agreement or that compensation was not contentious.

The Act’s provision requiring claims within two years (section 11) could have generated litigation over whether damage was sustained within that timeframe or whether the power was exercised on a particular date. However, no case law is referenced.

Section 4’s override clause could theoretically be challenged on constitutional grounds (acquisition of property on just terms under the Commonwealth Constitution or the Victorian Constitution). But since the source provides no case references, we cannot assume any such challenge occurred.

The litigation history is effectively a blank. This is not unusual for a project-specific private Act that operates in a narrow factual context. For a deep dive, the absence of litigation history is itself a datum: it suggests the Act has achieved its intended purpose without creating sufficient legal conflict to generate reported decisions.

Sweeping override of existing rights. Section 4 is extraordinarily broad. It does not merely authorise the pipeline; it deems every other Act, proclamation, regulation, by-law, lease, licence, authority, permit, or agreement to be modified to give full force and effect to this Act. This means any pre-existing right or restriction, including conservation covenants, heritage overlays, and contractual easements, is automatically overridden. Landowners and public authorities may not realise that their existing rights have been extinguished unless they read this Act. The Act does not require notice of the override to affected parties.

Crown not liable for compensation. Section 13 excludes Crown liability for any compensation arising out of the passing or operation of the Act, except where otherwise expressly provided. The only express compensation provision is section 11, which requires the Company to pay compensation for damage. The Crown is not liable to compensate a landowner whose land is burdened by a pipeline authorised by this Act. If the Governor in Council grants an easement over Crown land under section 6, the Crown pays nothing. If a public statutory corporation is forced to grant an easement under section 7, it receives no compensation from the Crown. This allocation of risk is a significant benefit to the state but a cost to affected landowners and corporations, who must pursue Shell alone.

Broad definition of Company. The definition in section 2 extends to any company related to Shell Refining (Australia) Proprietary Limited under the Companies (Victoria) Code. This means that if Shell sells the pipeline to a related entity within the same group, that entity automatically acquires all the powers under the Act without any further legislative approval or notification to affected parties. Landowners and authorities may find they are dealing with a different company years later, with the same compulsory powers.

No expiry or sunset. The Act has no expiry date. Once constructed, the pipeline may continue to operate indefinitely. There is no requirement for renewal of easements or periodic review of the need for the pipeline. The use restriction in section 14 limits the type of product carried, but does not limit the duration.

Delay in street restoration obligations. Section 10(3) requires Shell to restore broken-up streets "with all convenient speed" and bear increased repair costs for six months after restoration. The phrase "reasonable expenses of repair for six months" means the local authority may need to monitor the road for half a year and claim extra costs attributable to the pipeline work. If the authority fails to track costs diligently, it may not recover. The three-day notice requirement for street opening does not apply in emergencies, which is undefined.

Time limit for compensation claims. Section 11 requires that compensation for damage be claimed within two years from the exercise of the power. Landowners may not immediately realise damage has occurred (e.g., subsidence or interference with drainage). If the damage manifests after two years, the claim is statute-barred. This is a trap for the unwary.

Restriction on gas use. Section 14 prohibits carriage of natural, manufactured, or liquefied petroleum gas through the pipeline except to the Company or a Gas Regulation Act undertaker, with an exception for manufactured or liquefied petroleum gas for non-fuel use. This restriction is not obvious from the Act’s short title or preamble. Any third party wishing to use the pipeline for gas transport would need to ensure they fall within the exception or risk being in breach. The Company cannot simply contract to carry gas for any third party.

Compulsory acquisition for easements only. Section 8 allows Shell to take only easements, not freehold. If a full freehold interest is needed (e.g., for a pump station), the Act does not authorise compulsory acquisition of fee simple. Shell would have to negotiate privately or use other legislation. But the definition of "pipeline" in section 2 is broad enough to include ancillary works, so the easement may be sufficient to cover necessary surface installations.

No planning or environmental assessment. The Act does not require an environmental impact statement, planning permit, or community consultation. Section 4 overrides all planning laws. This is a benefit to Shell but a cost to affected communities, who have no statutory right to be heard before the pipeline is built or its route varied (except through the Governor in Council’s discretion under section 5(2)).

Compliance under this Act is relevant primarily to Shell (and any related company operating the pipeline) and to a lesser extent to public authorities and landowners. The Act is not a general regulatory code; it is a permission slip with attached conditions.

For the Company. The first step is to ensure the pipeline is constructed along the authorised route as per the plan laid before Parliament on 9 December 1964, or with an authorised deviation under section 5(2). The Company must obtain the necessary easements over private land by compulsory acquisition under section 8, following the procedures of the Lands Compensation Act 1958. That means giving notice of intention to take, negotiating compensation, and if no agreement, having compensation determined by the relevant body. The Company must also obtain easements over Crown lands by applying to the Governor in Council under section 6, and over lands of public statutory corporations by agreement or by direction of the Governor in Council under section 7. For Crown leasehold or licensed land, the Company must forward descriptions of easements to the Director-General of Conservation, Forests and Lands for endorsement or registration under section 9.

When constructing the pipeline, the Company must comply with the street-opening provisions of section 10: give at least three days’ notice (except emergency) to the local authority before breaking up any street, restore the street to its prior condition to the authority’s satisfaction, fence and light the works for safety, and bear increased repair costs for six months after restoration. The Company must do as little damage as possible under section 11 and pay compensation for damage if claimed within two years.

Operation of the pipeline must comply with the use restriction in section 14. The Company should maintain records to ensure that any gas carried (if permitted) is only to itself or to an undertaker under the Gas Regulation Act 1958, or is manufactured or liquefied petroleum gas for non-fuel use. The Company should not allow third-party gas transport that falls outside these limits.

For public statutory corporations and local authorities. These entities must comply with a direction from the Governor in Council to grant an easement under section 7, regardless of their own Acts. If not directed, they may negotiate a voluntary easement on agreed conditions. They may also cooperate with Shell under section 12 with gubernatorial consent. Local authorities should ensure they receive the statutory notice before street opening and that restoration is to their satisfaction. They should track costs for six months post-restoration to claim increased expenses.

For landowners and Crown licensees/lessees. If approached by Shell for an easement, they should engage with the compensation process under the Lands Compensation Act. They have a right to compensation for damage but must claim within two years. They should document any damage arising from construction or operation promptly and seek legal advice if compensation is not offered or agreed. Crown licensees and lessees should note that easements will be recorded on their licences or leases, and future Crown grants will be subject to the easement.

For gas undertakers. If the pipeline carries gas to them, they should ensure they are covered by the Gas Regulation Act 1958, or that the gas is for non-fuel use. They may need to enter arrangements with Shell that comply with section 14.

General compliance recordkeeping: The Company should maintain copies of all notices given under section 10, records of restoration work, documentation of compensation agreements or determinations, and evidence of compliance with the use restriction. Given the age of the Act, much of the original construction is likely long completed; ongoing compliance relates mainly to maintenance, repair, and operation of the pipeline, including any future street openings for maintenance. The override provision (section 4) means that even if other laws change (e.g., new environmental or safety regulations), the Act continues to authorise the pipeline, but the Company should verify that it does not inadvertently breach laws that are not overridden.