The Commonwealth Oil Refineries, Limited (Private), Act 1940

The Act’s core legal building blocks are: (1) the definition of the company and its authorised undertaking; (2) the spatial limits of the Act; (3) the statutory grant of compulsory-style entry and construction powers in public places; (4) process, supervision and safety obligations; (5) financial substitutions and payments in lieu of municipal rates; (6) enforcement, penalties and civil liabilities; and (7) a procedural stand-alone status as a private Act with special amendment protection.

Company and undertaking: Section 2 defines the company as The Commonwealth Oil Refineries, Limited and expressly includes its assigns. The defined term undertaking describes the entire business of receipt, storage, supply and distribution of the specified petroleum products and "the making and constructing of all works connected therewith" (s 2). The defined term works then lists the physical elements that the company may install: buildings, storage tanks, reservoirs, plant, machinery, apparatus, equipment, pipes, mains, connections and other incidental works (s 2).

Spatial limits and public-land interface: Section 3 delimits the Act’s reach to (a) the municipality of North Fremantle; (b) so much of the Fremantle Port Authority lands as is contained within the inner harbour as described under the Port Authorities Act 1999 or that may be acquired by the port authority; (c) Crown lands or lands vested in railway administration adjoining the Port Authority’s lands or lying between the Port Authority’s lands and North Fremantle’s boundaries; and (d) Crown lands affected by the company’s works (s 3). This scheme confines the company’s statutory powers to a particular, circumscribed geography.

Construction and interference powers: Section 4 authorises the company, within the limits of the Act, to erect and maintain any works necessary for the undertaking in, on or under streets, Crown lands, railways and wharves, and to open, break up and interfere with those surfaces, including sewers, water pipes, drains or tunnels, and to lay mains, conduits and service pipes (s 4). The exercise of those powers in relation to Crown lands, railways or wharves requires the consent of the Minister administering the relevant Act (Land Act, Government Railways Act, Port Authorities Act) and may be subject to conditions the Minister deems expedient (s 4). Plans and specifications for works that affect streets must be submitted to and approved by the Minister for Works (s 4).

Notice, plans, supervision and emergency exceptions: Section 5 requires at least 3 clear days’ written notice to the Minister for Works and/or the local authority and deposit of a plan before opening or interfering with the listed public assets; the work must be under the superintendence of the Minister or local authority and carried out in accordance with the deposited plan (s 5). The Act contains two exceptions: if no officer appointed by the Minister or local authority attends at the time fixed in the notice and remains during the work, the company may perform the work without superintendence; and in case of emergency repairs arising from accidents or defects, work may be performed without prior notice and plan deposit, provided such notice and plan are given as soon as possible afterwards (s 5).

Reinstatement, guarding and short-term repair warranty: Section 6 requires the company to complete the work, fill and reinstate the ground with all convenient speed to the satisfaction of the Minister or local authority and remove rubbish; the company must guard and light the opened works and, when required, keep the reinstated portion in good repair for six months (s 6).

Penalties and cost recovery dynamics: Section 7 prescribes penalty exposure where the company fails to observe notice and reinstatement obligations. The company is guilty of an offence and liable to a penalty not exceeding $100 for every such offence, plus a further $4 per day during which an omission or delay continues after notice by the Minister or local authority; the section preserves private rights of action against the company (s 7). Section 8 gives the Minister or local authority a power to have delayed work executed and to recover expenses from the company, although the authority is not compelled to do so (s 8).

Obligations to avoid damage and compensation: Section 9 requires the company to "do as little damage and cause as little inconvenience as may be" when executing powers and to make compensation for any physical damage caused. Section 10 allows the Minister or local authority to require alteration of the position of works and allocates expense liability depending on whether the alteration is necessary because of breach/default by the company or for other reasons; the local authority must compensate the company for injury to works caused by its agents when the change is for reasons other than breach by the company (s 10).

Third-party offences and remedies: Section 11 lists offences by other persons, including unauthorised connections to company pipes, wilful or negligent damage, alteration of meter indices and unauthorised apparatus to obtain fuel; these breaches attract up to $10 penalties and do not limit the company’s civil remedies. Section 12 provides that a person who unlawfully damages company works must pay full compensation, recoverable in any court of competent jurisdiction.

Rates in lieu scheme: Section 14 deems the company’s mains and works in, on or under Crown lands, streets, railways or wharves to be rateable land but substitutes an annual payment of $70 to the council (defined as North Fremantle’s mayor and councillors) in full satisfaction of all rates and rents payable in respect of those works. Payment is by half‑yearly instalments, starting six months after the company begins to construct works (s 14). The section expressly displaces the Municipal Corporations Act 1906’s valuation and rate-making provisions for the covered works.

Private-Act procedural features: Section 15(1) directs that the Act be judicially noticed for evidence purposes and need not be specially pleaded; s 15(2) restricts amendment of the Act to private Acts unless both Houses jointly determine otherwise, producing additional stability around this authorising instrument. Section 16 requires the company to deposit money with the Treasurer under the Joint Standing Orders for private bills, which the Treasurer holds until completion and then returns. Section 17 validates works already completed or commenced by the company prior to commencement of the Act.

Ancillary definitions and administrative notes: The defined terms in s 2 supply precise meanings for company, Crown lands, local authority, railway, street, undertaking, wharf and works. The reprint’s compilation notes identify successor public agencies and the company’s contemporary name as BP Australia Pty Ltd, and record amendments by the Decimal Currency Act 1965 and later Acts that affect some cross‑references (compilation table and notes).

Taken together, these concepts create a narrow, instrument-specific regulatory regime giving a private entity statutory entry and operational powers in public places, coupled with procedural constraints, reinstatement and safety duties, a fixed-rate payment regime, and enforcement and compensation mechanisms. The Act also insulates itself procedurally as a private Act with a deposit requirement and a requirement that it be taken as judicially noticed in evidence. See ss 2-17 and the compilation notes for the statutory language underpinning these concepts.

Primary affected parties

• The company named in the Act, The Commonwealth Oil Refineries, Limited, and its assigns, is the principal affected party: the Act confers rights, duties and liabilities on it throughout (definition in s 2; rights in s 4; obligations in ss 5-10; payment obligations in s 14; deposit and completion mechanics in s 16) and validates works already begun (s 17). The reprint’s notes record that, as at the reprint date, that company was called BP Australia Pty Ltd; that note indicates who would typically exercise the statutory rights and duties in contemporary practice (compilation notes).

• Local government: the council of the municipality of North Fremantle is explicitly named as the local authority for its jurisdictional area in s 2 and s 14. The compilation notes record the municipal change , North Fremantle became part of the City of Fremantle on 1 November 1961 and a reference to a municipality may be read as a reference to a local government under later local government legislation. When works affect streets within that municipal boundary, the council is a decision-maker under ss 5-6 and has cost-recovery and enforcement powers under ss 7-8 and 10-12. Section 14 treats the council as the recipient of the fixed payment in lieu of rates.

• State Ministers and agencies: multiple Ministerial offices and statutory agencies are decision-makers under the Act. The Minister administering the Land Act, the Minister administering the Government Railways Act (or their successors), the Fremantle Port Authority and the Minister for Works (now named in compilation notes as the Minister for Housing and Works or other contemporary title) have consents or supervisory roles under s 4 and s 5 and may, under s 6 and s 10, require changes or undertake remedial work. The compilation notes identify contemporary institutional successors (for example, the Public Transport Authority as successor to the Commissioner of Railways, the Water Corporation for water supply agencies, and the Port Authority changes effected by the Port Authorities (Consequential Provisions) Act 1999).

• State Treasury: under s 16 the Treasurer holds the deposit required by the Joint Standing Orders relating to Private Bills until completion of the works; the Treasurer bears a custodial administrative role.

Secondary affected parties

• Third parties who use or access public infrastructure in the Act’s area: members of the public, businesses and contractors who use streets, wharves, railways and Crown lands within the defined limits are affected indirectly because the company’s authorised works may occupy or interrupt public ways (ss 4-6). The company must guard and light excavations (s 6), limiting safety externalities, but users face short-term disruption risk.

• Suppliers, retailers and downstream customers of petroleum products: the Act authorises an undertaking that will change physical supply capacity and network access to petroleum products in the specified area (s 2 definition of undertaking and s 4 powers to receive, store and distribute). The Act does not impose obligations on competitors directly, but by authorising dedicated distribution infrastructure it shapes the local market’s physical supply options.

• Property owners and occupiers adjacent to works: the company must make compensation for physical damage caused by works (s 9). Owners or occupiers claiming damage have therefore a statutory basis to require compensation, and the company remains subject to common law or statutory claims in addition to the Act’s penalty regime (s 7 preserves other rights of action).

• Persons who might, without authorisation, connect to company plant or tamper with meters: s 11 creates specific criminal offences for unauthorised pipe connections, tampering with meters or fittings and erecting devices to obtain fuels without written company consent; those persons are directly exposed to penalties (s 11) and civil recovery for damage (s 12).

Geographic concentration and institutional concentration

• The Act is geographically concentrated: the powers cover North Fremantle municipal area and specified parts of the Fremantle inner harbour and adjoining Crown lands or land within railway administration that touch the port and North Fremantle (s 3). That concentration means the Act’s direct effects are localised; the company can only exercise the intrusive powers and rate-in-lieu obligations within the defined limits.

• Institutional concentration is also present: the Act vests supervisory discretion and consent powers in specified Ministers and local authorities (s 4), and deposits and special amendment safeguards vest procedural control in parliamentary mechanisms (s 15-16). The company’s operational freedoms are therefore bounded by multiple public authorities with potential overlapping jurisdictions.

Who pays and who decides

• The company pays: construction and operation costs, compensation for damage it causes (s 9), expenses incurred by a Minister or local authority in performing reinstatement or alteration where the company is in default (s 8 and s 10), the fixed $70 annual payment in lieu of municipal rates (s 14), and any penalties or compensation ordered under ss 7, 11 and 12.

• The local authority and Ministers decide: the Minister for Works and local authorities decide on plan approval and may supervise works (s 4 and s 5); the Minister(s) administering the Land Act, Government Railways Act and Port Authorities Act must consent to works affecting Crown lands, railways or wharves respectively and may impose conditions (s 4). The local authority can require alteration of the position of works and may elect to perform delayed reinstatement themselves and recover costs (ss 8 and 10).

Who benefits

• The company benefits as the primary statutory beneficiary, obtaining express statutory rights to operate distribution and storage infrastructure in public spaces within the limits of the Act (s 4).

• Consumers in the affected area may indirectly benefit from increased local supply infrastructure, although the Act itself contains no pricing or market regulation clauses. The Act’s primary focus is physical authorisation rather than economic regulation.

Implications for successors and assigns

• The company definition explicitly includes its assigns (s 2). The Act’s rights and obligations therefore run with any corporate assignment; the reprint notes record a contemporary name for the company, which indicates the Act was expected to bind successor corporate entities.

Taken together, the statute concentrates decision rights in Ministers and the local authority for approval and supervision, places major payment and operational liabilities on the company, and affects a defined set of local public users and infrastructure owners. The Act’s private‑Act status and localised scope shape both the set of affected parties and the institutional pathways for resolving disputes and amending the instrument. See ss 2-3, 4-6, 8-10, 14-16.

This section enumerates the operative rights the company gains and the statutory duties it bears, with the statutory provenance for each obligation or power.

Rights conferred on the company

• Right to build and operate petroleum storage and distribution infrastructure: under s 4 the company may erect, construct, lay down, establish, fix, maintain and repair all necessary works for receiving, storing, supplying and distributing the specified petroleum products in, on or under streets, Crown lands, railways and wharves. The defined term works in s 2 specifies the permitted plant and structures. Section 17 confirms works already built or commenced before the Act’s commencement are authorised works.

• Right to open and interfere with public surfaces: s 4 grants power to open, break up and interfere with any Crown lands, street, railway or wharf and any sewer, water pipe, drain or tunnel on or under those places, to lay conduits, mains and pipes and to remove or use earth and material for the purposes of the undertaking.

• Conditional right to proceed without superintendence: s 5 provides that if no officer appointed by the Minister or local authority attends at the time fixed in the notice and remains during the work, the company may proceed to perform the work without such superintendence.

• Right to restitution of deposit on completion: s 16 requires the Treasurer to hold a deposit made under Joint Standing Orders relating to private bills until completion of work and to return it thereafter.

Statutory duties and constraints on the company

• Plan approval and ministerial consent: works that affect streets must be constructed in accordance with plans and specifications submitted to and approved by the Minister for Works (s 4). Works affecting Crown lands, railways or wharves require consent from the Minister administering the Land Act, the Government Railways Act or the Port Authorities Act respectively, which may be subject to conditions (s 4).

• Notice and plan deposit requirement: before opening or interfering with listed public assets the company must give not less than 3 clear days’ written notice to the Minister for Works and/or the local authority and deposit a plan showing the manner, extent and intended commencement time (s 5). Emergency exceptions exist but require prompt subsequent notification and plan deposit (s 5).

• Superintendence and adherence to deposited plan: work must be under the superintendence of the Minister or the local authority and carried out according to the deposited plan, subject to the attendance exception in s 5.

• Reinstatement obligation and short-term repair: the company must, with all convenient speed, complete the work, fill and reinstate the ground and make good to the satisfaction of the Minister or local authority, remove rubbish, guard and light the opened work while in progress and, as required, keep the reinstated portion in good repair for six months after replacing (s 6).

• Compensation for damage: the company must "do as little damage and cause as little inconvenience as may be" in execution of powers and must make compensation for any physical damage done (s 9).

• Duty to alter works on direction: if the Minister or the local authority requires the company to raise, sink or otherwise alter the situation of any works erected contrary to the Act or conditions, or otherwise requires alteration, the company must do so within a reasonable time after written notice, and costs are allocated depending on whether the need arises from company breach or otherwise (s 10).

• Payment in lieu of rates: the company must pay a fixed annual sum of $70 to the council in each year of operations, payable half‑yearly beginning six months after construction commences, in full satisfaction of all rates and rents in respect of the mains, conduits, service pipes and other works in, on or under Crown lands, streets, railways or wharves and any easements conferred by this Act (s 14).

• Deposits and private‑Act procedures: the company must make and maintain any deposit required by the Joint Standing Orders for private bills, held by the Treasurer until completion of the work (s 16).

Statutory liabilities and enforcement tools

• Criminal penalties for company non‑compliance with ss 5-6: s 7 makes breach of the notice and reinstatement provisions an offence exposing the company to a penalty not exceeding $100 for each offence plus $4 per day while the neglect continues after notice, without prejudicing private rights of action.

• Cost-recovery by public authorities: if the company neglects or delays reinstatement, the Minister or local authority may have the work carried out and recover expenses from the company (s 8).

• Requirement to make compensation for damage; right to civil recovery: s 9 requires compensation; s 12 allows the company to recover full compensation if its works are wrongfully damaged by others; s 11 creates penalties for third parties who interfere with company works.

Discretion and conditioning

• Ministerial and local authority discretion is embedded: the Minister administering relevant Acts may withhold or impose conditions on the exercise of the powers in s 4; the Minister for Works must approve plans for works in streets (s 4). The local authority or Minister may require works to be altered or may supervise works under s 5. Section 10 permits the Minister or local authority to alter the situation of works and to determine cost allocation depending on cause.

Preservation of other remedies and judicial processes

• Section 7 explicitly preserves private rights of action against the company for acts contrary to ss 5-6. Section 13 directs that penalties may be recovered in a court of summary jurisdiction. Section 15(1) requires that the Act be judicially noticed for evidence purposes.

In short, the Act grants the company substantial rights to occupy and trench in public ways for specified petroleum infrastructure while imposing procedural, safety, reinstatement, compensation and payment obligations together with penalties and cost recovery mechanisms. The balance of rights and duties is shaped by ministerial and local authority oversight and by the statutory payment-in-lieu regime. See ss 2-6, 7-10, 12-16 for the statutory provenance of the rights and duties just described.

The Act establishes a combined administrative, penal and civil enforcement architecture, with penalties for company non‑compliance, remedies for local authorities and civil recovery rights for both the company and private parties. The provisions trade criminal fines for promptness and protection of public infrastructure, while preserving civil remedies.

Penalties on the company for procedural and reinstatement breaches (s 7)

• Section 7 makes it an offence for the company to commit, permit or suffer any act, delay, neglect or omission contrary to the notice and reinstatement duties in ss 5 and 6. The statutory sanction is a penalty not exceeding $100 for every such offence, plus an additional penalty of $4 for each day during which the delay, neglect or omission continues after notice by the Minister or local authority. Section 7 also preserves any private right of action or remedy available to persons affected by the company’s breaches.

• The existence of both a one‑off fine and a daily continuing penalty creates a two‑part monetary incentive to avoid persistent non‑compliance: an initial fine and an escalating daily cost once the local authority or Minister gives notice.

Recovery of expenses by public authorities (s 8)

• Section 8 allows the Minister or local authority to have any delayed, neglected or omitted work executed and to recover all expenses so incurred from the company. The section also makes clear that exercising this power is discretionary: the Minister or local authority is not obliged to undertake or pay for the work themselves.

Civil compensation for damage and wrongful acts (ss 9, 12)

• Section 9 obliges the company to make compensation for any physical damage caused in the execution of its powers. Section 12 imposes on any person who unlawfully or wrongfully breaks, throws down or damages works belonging to the company a duty to pay full compensation recoverable in any competent court.

Third‑party offences and penalties (s 11)

• Section 11 creates specific offences by third parties: laying pipe to connect with company pipes without the company’s consent; wilfully or negligently destroying or damaging company property; altering the index to any meter or other recording or measuring apparatus; and erecting or keeping erected apparatus by which petroleum products may be obtained from company works without the company’s written consent. The penalty for each such offence is a sum not exceeding $10, and the section is explicit that these penalties are without prejudice to the company’s other rights to recover damages.

Jurisdiction and procedural evidence advantage (ss 13, 15)

• Section 13 provides that all penalties under the Act may be recovered in a court of summary jurisdiction, directing enforcement to lower criminal courts, which can expedite proceedings but limit sentence severity.

• Section 15(1) provides that the Act shall be judicially noticed for evidence purposes and need not be specially pleaded. This confers an evidentiary advantage in litigation about the Act’s provisions: the courts are to accept the Act without formal proof, simplifying prosecution or enforcement that depends on the Act standing as evidence.

Allocation of costs for altering works (s 10)

• Section 10 gives the local authority or Minister the power to require the company to alter the location of works. If the requirement arises because of a breach by the company, the company bears the expense. If the alteration is not required because of company breach, the local authority bears the expense, although if the local authority’s agents cause injury to works in the process, the local authority must compensate the company.

Interaction between criminal penalties and civil remedies

• The Act expressly preserves civil actions and remedies alongside criminal penalties. Section 7 preserves private rights of action for damage caused by company failures under ss 5-6. Section 11 similarly states the penalties there are without prejudice to any other right or remedy of the company to recover damages. Section 12 provides for civil recovery as well.

Limitations and quantums

• The monetary ceilings set in the Act are modest by modern standards: s 7 penalties up to $100 plus $4 per day, and s 11 penalties up to $10. The Decimal Currency Act 1965 appears in the compilation table as an amending instrument; the present numerical dollar figures in ss 7 and 11 and the fixed $70 in s 14 reflect post‑decimal currency updating (compilation table and s 14). Those nominal sums are fixed by statute and are recoverable in a summary jurisdiction (s 13).

Administrative powers and deposit procedure (s 16)

• Section 16 requires the company to make a deposit with the Treasurer in accordance with the Joint Standing Orders for private bills; the Treasurer holds the deposit until completion and returns it after completion of the work. This deposit functions as a security for satisfying obligations arising from the private Act process and the physical works authorised by the Act.

Consequences for enforcement practice

• The enforcement regime gives public authorities both a monetary deterrent and a practical remedy: they may either fine and require compliance through penalties, or themselves undertake reinstatement and recover costs under s 8. Local authorities can also require works to be moved and allocate expense burdens under s 10. Civil law complements criminal enforcement by providing restitution for damage under ss 9 and 12.

• The Act channels most enforcement into summary jurisdiction courts (s 13) and eases evidentiary burdens by specifying judicial notice (s 15(1)), which streamlines prosecutions and civil claims that rely on the Act’s provisions.

Overall, the Act combines criminal fines, cost recovery, and civil remedies with statutory deposit mechanisms to provide multiple enforcement levers for supervising the company’s exercise of intrusive public‑space powers. See ss 7-13 and s 16 for the statutory text governing penalties and enforcement.

The Act’s drafting deliberately ties the company’s authorised powers and the Act’s territorial application to a number of other statutory regimes and administrative instruments. Its interaction points are both explicit and recorded in the compilation notes. The primary interaction pathways are: consent requirements under other Acts for intrusion, displacement of municipal rating law, judicial evidence practice, and the procedural framework for private Acts.

Consent and conditioning under other public statutes (s 4)

• Section 4 makes the company’s power to open, break up or interfere with Crown lands, railways or wharves conditional on the consent of the Minister administering the Land Act 1933, the Government Railways Act 1904, or the Port Authorities Act 1999 respectively, and allows the Minister to impose conditions he or she deems expedient. That cross‑reference imports the administrative frameworks and statutory duties that those Acts and their current successors impose, meaning the company must navigate agency consent procedures and any statutory conditions arising under those instruments in exercising its powers.

Territorial scope tied to Port Authorities Act (s 3)

• The limits of the Act expressly rely on the description of the inner harbour in the Port of Fremantle under the Port Authorities Act 1999 (s 3(b)). The compilation table records the Port Authorities (Consequential Provisions) Act 1999 and its commencement in 1999; therefore contemporary questions about the Act’s geographical reach must be answered with reference to the Port Authorities Act’s description of the port and related vesting instruments.

Displacement of municipal rating law (s 14)

• Section 14 operates as an express displacement of the Municipal Corporations Act 1906 provisions relating to valuation and the making of rates in respect of the company’s underground and overground works. In lieu of standard valuation and rate-making, the company pays a fixed $70 per annum. The compilation notes show that subsequent changes to local government law have altered how references to a municipality should be read, and the Local Government Act 1995’s schedules permit reading the statutory reference to the municipality as a reference to a local government (compilation notes). The interplay therefore requires interpreting s 14 in light of later local government reorganisation.

Private Act procedural regime and Joint Standing Orders (s 16 and s 15)

• Section 16 requires the deposit of money with the Treasurer in accordance with the Joint Standing Orders relating to private bills. That cross‑references parliamentary procedures for private legislation and creates an administrative overlay involving the Treasurer’s incumbency. Section 15(2) restricts amendment of the Act to private Acts unless both Houses resolve otherwise; that special amendment procedure interacts with standing orders and parliamentary practice.

Evidentiary treatment in court (s 15(1))

• Section 15(1) directs that the Act be judicially noticed as if it were a public Act and need not be specially pleaded. This creates an evidentiary interaction with ordinary procedural law in courts, simplifying proof obligations where the Act is invoked in litigation or prosecutions.

Interaction with repealed and successor Acts (compilation notes)

• The compilation notes disclose that several instruments originally referenced in the Act have been repealed or reconstituted, and that administrative responsibilities have shifted: for example, the Land Act 1933 has been repealed and replaced by the Land Administration Act 1997 (notes), the Commissioner of Railways role has been replaced by the Public Transport Authority (notes), and municipal boundaries have changed with North Fremantle becoming part of the City of Fremantle (notes). Practitioners must therefore map the Act’s cross‑references to the current statutory and administrative architecture to identify the contemporary decision‑makers and consent processes.

Currency and numerical amendments (compilation table)

• The compilation table identifies the Decimal Currency Act 1965 as an amending instrument in the legislative history, which updated monetary amounts to dollars (compilation table). That interaction is confined to the mechanics of statutory amounts and does not alter the Act’s substantive allocation of duties and rights, but it does mean the Act’s monetary sums are nominal dollar figures set in the 1960s.

Local government and statutory successor reading (notes)

• The Act defines "local authority" to include the mayor and councillors of the municipality of North Fremantle, the Commissioner of Railways, the Fremantle Port Authority, and the Metropolitan Water Supply, Sewerage and Drainage Department (s 2). The compilation notes identify successor agencies and provide interpretive guidance on how to read historical references into contemporary institutions; for example, the Water Corporation is identified as the successor for water supply agencies, and the Port Authorities (Consequential Provisions) Act 1999 changed port governance.

Cross‑jurisdictional practicalities

• The company must obtain consents and approvals from multiple statutory administrators (ports, railways, land administration and municipal authorities). These agencies will rely on their enabling statutes and administrative policies when exercising consent powers under s 4, meaning that environmental, safety and operational standards under other Acts and regulations will likely apply indirectly through the consent process.

In sum, the Act does not operate in isolation. It is functionally integrated with the Port Authorities Act for territorial definitions, with land, railway and port administration statutes for consent and conditions, with parliamentary standing orders for private Act deposits and amendment mechanics, and with municipal rating law insofar as it displaces ordinary valuation and rating mechanisms by offering a fixed annual payment in lieu of rates. Practitioners must map historical cross‑references to current legislation and agency titles using the compilation notes when operationalising the Act. See ss 3-5, 14-16 and the compilation notes for the statutory interaction points described above.

The Act’s compilation table and notes record a compact amendment history and subsequent reprint context. The key legislative amendments and associated effects recorded in the source are:

1. Decimal Currency Act 1965 (No. 113 of 1965)

• Assent 21 December 1965. The compilation table notes that the Decimal Currency Act amended portions of this Act. The explanatory entry in the compilation table indicates that parts of the 1940 Act dealing with monetary amounts and certain sections (described in the compilation table as "Act other than s. 4-9: 21 Dec 1965; s. 4-9: 14 Feb 1966") were affected by the decimal transition. The reprint text therefore shows monetary figures in dollars (for example $100, $4, $10 and $70 in ss 7, 11 and 14) consistent with decimal currency conversion.

2. Port Authorities (Consequential Provisions) Act 1999 s 21 (No. 5 of 1999)

• Assent 13 April 1999; commencement 14 August 1999. The compilation table lists this Act and s 21 as an amending provision. The effect recorded in the reprint includes amendments to s 2 and s 3: the definition and references to the Fremantle Port Authority and the Port of Fremantle’s inner harbour are updated to reflect the post‑1999 port governance framework. The compilation notes reference that the Port Authorities Act 1999 supplies the description of the inner harbour used in s 3(b).

3. Statutes (Repeals and Minor Amendments) Act 2003 s 117 (No. 74 of 2003)

• Assent 15 December 2003; commencement 15 December 2003. Section 117 of that Act appears in the compilation table as an amending instrument. The reprint includes changes reflecting statutory housekeeping and successor agency references effected by that 2003 Act.

4. Reprint 1 as at 1 April 2005

• The edition of the Act reproduced here is Reprint 1, dated 1 April 2005, and "includes amendments listed above" as stated in the compilation table. The reprint reflects the post‑decimal currency figures and updated references to contemporary public agencies.

Reprint notes and interpretive annotations

• The reprint’s notes include practical interpretive material which is part of the statutory record in the compilation: for example, they record that as at the date of the reprint, the company was called BP Australia Pty Ltd; the Minister responsible for land administration carried a different title at the time; the municipality of North Fremantle had become part of the City of Fremantle on 1 November 1961; and the Commissioner of Railways had been replaced by the Public Transport Authority. They also note the repeal of the Land Act 1933 and the renaming of the Minister for Works at the time the reprint was prepared.

Statutory stability and amendment process

• Section 15(2) of the Act provides that the Act "shall be amended only by a private Act, unless otherwise determined by a resolution of both Houses of the Parliament." That clause operates as an internal procedural impediment to ordinary amendment and requires private Act procedures or a parliamentary resolution of both Houses for amendment. The clause thereby creates a higher threshold for legislative amendment than would apply to ordinary public Acts. This procedural rule still operated at the time of the reprint.

Nature of amendments reflected in the compilation

• The amendments recorded in the compilation are largely technical and administrative: currency conversion in the 1960s, updates to port governance language and successor agency names in the 1990s and early 2000s, and reprints capturing those changes. No substantive expansion of the Act’s core grant of powers or revocation appears in the compilation table beyond the modernisation and successor agency references reflected in the reprint.

Implications for current statutory construction

• Because the Act is a private Act with a special amendment provision (s 15(2)), any contemporary attempt to alter the Act’s substantive provisions would normally require private Act procedures or the joint resolution route. The reprint entries and compilation table provide the authoritative record of the discrete amendments that have occurred to date and the state of the text as at 1 April 2005.

For practitioners, the compilation table and reprint notes are the starting point for any historical tracing of amendment. They show that the most consequential adjustments were administrative (currency change, updated public authority references) and that the Act’s principal mechanics have been retained intact. See the compilation table and the notes appended to the reprint for the precise amendment entries referred to above.

The Act as provided contains no statutory schedule of cases, and the text supplied does not record any reported litigation that interprets its provisions. The Act itself names no judicial authorities or cases. The compilation table and notes do not list any decisions applying or interpreting the Act either. Therefore, based on the statutory text and the compilation notes alone, there is no litigation history supplied in the source material.

Areas where litigation might arise and procedural considerations under the Act

Although the source does not record any decided cases, the Act sets up multiple dispute loci that typically give rise to litigation or administrative review in similar statutory frameworks. Those loci, identified from the Act’s text, are:

• Disputes over compliance with notice and plan requirements: s 5 establishes a requirement for 3 clear days’ written notice and deposit of plans. Litigation could ordinarily arise over whether notice was given in compliance with the statutory standard, the sufficiency of deposited plans, or whether the work was carried out in accordance with the deposited plan when superintendence was required. The Act’s absence of a detailed procedure for challenging approvals means disputes would likely be pursued either by way of summary offences or civil claims.

• Compensation claims for physical damage: s 9 obliges the company to make compensation for physical damage caused by its works. Claims about causation, valuation of damage and timeliness of payment are classic causes of civil litigation. The Act preserves rights of private action (s 7), making civil proceedings an available path.

• Cost recovery and reasonableness of expenses: under s 8 a Minister or local authority may perform delayed works and recover expenses. Litigation could focus on whether the authority was entitled to carry out the work, the reasonableness of the expenses incurred, and whether the company was properly served with notice of the default.

• Orders to alter the situation of works: s 10 enables the Minister or local authority to require the company to raise, sink or alter the situation of works. Disputes could arise over whether the requirement was lawful, whether the works were erected contrary to the Act or to conditions attached by the Minister, and the allocation of expenses between the parties.

• Penalty enforcement and summary jurisdiction limits: s 7 and s 11 set monetary penalties and s 13 directs that penalties are recoverable in courts of summary jurisdiction. Disputes could thus be litigated in lower courts and may involve procedural arguments about summary process, evidentiary burdens and the application of s 15(1) requiring judicial notice of the Act.

• Interactions with other statutory regimes: because s 4 conditions some exercise of powers on consent under other Acts, litigation or administrative review could involve examining whether consent was properly given, or whether a Minister’s conditions were reasonable or ultra vires, potentially drawing in administrative law principles.

Evidentiary and pleading advantages

• Section 15(1) requires judicial notice of the Act for evidence only and states it need not be specially pleaded. That provision reduces procedural frictions in litigation that depends on proving the existence and content of this private Act, making enforcement relatively straightforward from an evidentiary perspective.

Absence of recorded authority in the source

• The statutory text and compilation materials provided here do not contain any reported decisions or litigation history. The absence in the provided source means that for binding judicial interpretation, one must search external case law databases and court records; such searches are beyond the statutory text reproduced here.

In short, the Act itself contains multiple potential dispute triggers (notice, reinstatement, compensation, cost recovery, alteration orders and consent conditions) that commonly produce litigation in comparable contexts. However, the supplied source does not report any litigation history, and practitioners must consult court records and legal databases outside this text to locate decided cases or orders applying the Act. See ss 5-10, 13 and 15 for the statutory provisions most likely to be litigated.

This Act contains a number of provisions and textual quirks that commonly create operational or interpretive pitfalls for parties working under it. The following are concrete points to watch for, each rooted in the statutory text and the compilation notes.

1. Fixed monetary figures can be out of step with economic reality (s 14; ss 7 and 11)

• Section 14 fixes the company’s payment in lieu of rates at $70 per year, payable half‑yearly, in full satisfaction of all rates and rents in respect of the works. Those are nominal statutory sums and, absent explicit indexation, do not change with inflation. The Decimal Currency Act 1965 updated currency units (compilation table), but no indexation clause appears in the Act. Practitioners should not assume the figure approximates current market valuations; the Act prescribes a statutory sum regardless of contemporary values.

• Equivalent observations apply to penalty amounts in s 7 (up to $100 and $4 per day) and s 11 (up to $10). Those ceilings are modest and remain fixed unless changed by amendment. Parties enforcing the Act must therefore understand that statutory penalties may be low relative to actual damages or mitigation costs.

2. Private Act amendment path and stiffness of change (s 15(2))

• Section 15(2) provides that the Act "shall be amended only by a private Act, unless otherwise determined by a resolution of both Houses of the Parliament." That requirement makes substantive amendment more cumbersome than for ordinary public Acts. Any party seeking legislative change to address, for example, the fixed payment in s 14 or the low penalty ceilings must navigate private Act procedures or secure a joint resolution of both Houses, which is a high-threshold route.

3. Multiple decision-makers and successor bodies (s 4, s 2; compilation notes)

• The Act conditions certain works on consent from Ministers administering other statutes and on supervision by the Minister for Works or local authorities (s 4-5). The compilation notes show those administrative offices and agencies have changed names or been succeeded by other bodies (for example, the Public Transport Authority for railways, the Water Corporation, and the Fremantle Port Authority changes after 1999). Practitioners must carefully map the statutory references to current agency responsibilities rather than relying on old titles. Failure to obtain the proper contemporary consent may render the works contrary to the Act or subject to directions under s 10.

4. The "3 clear days" notice requirement (s 5)

• Section 5 requires not less than 3 clear days written notice before commencing work that interferes with specified public assets. The Act does not define "clear days" in terms of whether notice service day or commencement day are excluded, nor does it set a time of day for service. This can create practical disputes over whether notice was timely. Practitioners should adopt conservative notice practice and document service and receipt to avoid trigger disputes under s 7.

5. The attendance exception for supervision (s 5)

• Section 5 permits the company to proceed without Ministerial or local authority superintendence "if no officer appointed by the Minister or local authority attends at the time fixed in such notice and remains during the opening, breaking up or interference." This provision creates an operational edge case: if the company proceeds under this exception and later the local authority claims deficiencies in execution, there may be factual disputes over whether the officer attended and remained as required. Good practice is to document attempts to secure attendance and to photograph the site and work progress.

6. Emergency work caveat requires prompt follow-up (s 5)

• In an emergency arising from accidents or defects, the company may repair without prior notice or plan deposit but must give notice and deposit a plan "as soon as possible" after commencing work. The Act does not define "as soon as possible," so disputes may emerge about the timeliness of subsequent notification and plan deposit. Retain contemporaneous records and prompt post‑incident reporting.

7. Reinstatement standards left to the satisfaction of public authorities (s 6)

• Section 6 requires reinstatement "to the satisfaction of the Minister or local authority" and authorises the authority, when required, to demand six months of good repair after replacing. The Act does not set objective reinstatement standards or timeframes beyond "with all convenient speed" and "reasonable time" in s 10. These open standards invite discretionary assessments and potential disputes about what constitutes adequate reinstatement or reasonable time for alteration orders.

8. Allocation of costs for altering works depends on causal attribution (s 10)

• Section 10 requires the company to bear expenses of raising, sinking or altering works if the change was rendered necessary by the company’s breach or default, but otherwise leaves the costs to the Minister or local authority. Determining causation and culpability is fact-intensive and may lead to disagreements over whether a given cost is chargeable to the company. Documentation of compliance with conditions and plan approvals is therefore critical.

9. The Act is localised and may not cover adjacent areas (s 3)

• The spatial limits in s 3 are specific. Projects that extend slightly beyond the defined limits may fall outside the Act’s authorisation, requiring alternative legal permissions or licences. Practitioners should map project footprints carefully against the Act’s territorial description and the Port Authorities Act inner harbour description referenced in s 3(b).

10. Judicial notice helps on evidence but not on contested fact questions (s 15(1))

• Section 15(1) directs judicial notice of the Act for evidence, meaning courts will accept the statutory text without special pleading. That simplifies proof of the Act’s existence and content but does not resolve factual disputes about compliance, notice service, attendance of officers, causation of damage or reasonableness of costs. Those factual matters remain contested and may require witness evidence and records.

11. Deposit mechanics tied to Joint Standing Orders for private bills (s 16)

• Section 16 refers to a deposit to be made "in accordance with the Joint Standing Orders relating to Private Bills." Practitioners must consult parliamentary standing orders to satisfy the deposit and return mechanics. Confusing the parliamentary deposit requirement with other forms of security could produce compliance gaps.

12. Third-party offences have low penalty ceilings (s 11)

• Section 11 imposes penalties up to $10 for unauthorised connections, meter tampering and similar acts. These low ceilings may provide inadequate deterrence in some circumstances, leaving affected companies to pursue civil damages under s 12. Parties enforcing those provisions should consider combining statutory penalties with civil claims.

These "gotchas" arise from textual features in the Act: fixed monetary sums and penalty ceilings, ambiguous timing expressions, discretionary supervisory regimes, a high threshold for amendment, and tight territorial limits. Operational compliance, meticulous documentary practice and careful agency mapping are the practical remedies to the statutory uncertainties identified above. See ss 4-6, 7, 10, 11, 14, 15 and 16 for the text giving rise to the points just outlined.

Below is a practical, statutory-text‑based compliance checklist and recommended documentary practice for any party occupying the company’s position under the Act, grounded in the Act’s sections. The checklist assumes the company intends to construct, maintain or alter works within the Act’s limits.

1. Confirm territorial applicability and corporate identity (ss 2-3, compilation notes)

• Map the proposed works against the geographic limits in s 3 (municipality of North Fremantle; inner harbour area as defined under the Port Authorities Act 1999; adjoining Crown lands and railway lands) to confirm the Act applies. Use the Port Authorities Act’s description of the inner harbour for s 3(b) mapping.

• Verify the company’s statutory identity. The Act defines "company" as The Commonwealth Oil Refineries, Limited and its assigns (s 2). The compilation notes record the company’s contemporary trading name at the reprint date as BP Australia Pty Ltd; confirm corporate continuity and any relevant assignations before proceeding.

2. Secure required consents and plan approvals before works affecting Crown lands, railways or wharves (s 4)

• For works affecting Crown lands, obtain consent from the Minister administering the Land Act (or the present successor instrument for Crown land administration). For works affecting railways, obtain consent from the Minister administering railways or the relevant railway authority. For works affecting wharves or port land, obtain consent or permissions under the Port Authorities Act and from the Fremantle Port Authority or its successor (s 4).

• Submit detailed plans and specifications for any construction affecting streets to the Minister for Works for approval (s 4). Maintain a clear record of approvals and any conditions the Minister imposes, because s 10 ties liability for later alterations to whether works were erected contrary to the Act or in breach of conditions.

3. Comply with the 3 clear days’ notice and plan deposit requirements (s 5)

• Serve written notice to the Minister for Works and the relevant local authority at least 3 clear days before commencing the intended works that will interfere with streets, Crown lands, railways, wharves, sewers, water pipes, drains or tunnels, and at the same time deposit a plan specifying the extent, manner and commencement time (s 5).

• Document service carefully (method, addressee, date and time, acknowledgement of receipt). Given the lack of procedural definition of "clear days", adopt a conservative calendar and confirm receipt in writing.

4. Coordinate attendance for supervision or document non-attendance (s 5)

• Request the attendance of the officer appointed by the Minister or the local authority to supervise the opening or breaking up. If the officer does not attend at the time fixed in the notice, retain contemporaneous evidence of the absence (time-stamped photographs, site logs, communications) to rely upon the s 5 attendance exception permitting the company to proceed without supervision.

5. Prepare for emergencies and post‑event reporting (s 5)

• For emergency work necessitated by accidents or defects, perform necessary immediate repairs without delay. Simultaneously prepare to give notice and deposit the requisite plan "as soon as possible" after commencing the work, as required by s 5. Document all contemporaneous decision-making, times of commencement and notices sent post-incident.

6. Reinstatement obligations: complete promptly, guard and light, and maintain short‑term repairs (s 6)

• Reinstatement: once works are complete, fill in and reinstate surfaces "with all convenient speed" to the satisfaction of the Minister or the local authority. Prepare detailed reinstatement plans and materials specifications for prior approval where feasible.

• While works are open, ensure proper guarding and lighting for public safety and keep records (photographs, inspection logs).

• If required by the Minister or local authority, maintain the reinstated area for six months in good repair. Retain maintenance logs and inspection reports for this statutory six‑month period.

7. Manage compensation and damage claims (ss 9, 12)

• Implement a compensation protocol for any physical damage caused by works, including immediate assessment, temporary remediation and valuing claims. Keep full records of damage causation, witness statements and cost estimates.

• If company property is damaged by third parties, preserve evidence and commence recovery under s 12 in the appropriate court of competent jurisdiction.

8. Maintain communication and records on alteration orders (s 10)

• If the Minister or local authority issues a written notice requiring raising, sinking or otherwise altering works, respond within a reasonable time and carry out the required alterations unless there is a lawful basis to dispute the notice. Keep contractual records with contractors conducting alteration work and keep evidence to show whether the alteration was necessitated by a company breach or not, since cost liability depends on that causal finding.

• If the local authority elects to carry out an alteration for reasons other than company breach, expect it to bear the expense; however, if local authority agents injure works during the process, secure full compensation from the authority as provided in s 10.

9. Budget for the fixed payment in lieu of rates (s 14)

• Arrange for the payment of $70 per annum in half‑yearly instalments, with the first payment due six months after commencing construction. Treat that payment as covering all municipal rates and rents in respect of the works and any easements under the Act. Keep receipts and reconcile municipal charges.

• Remember the payment is fixed and statutory; do not assume it can be varied administratively. Any change requires legislative amendment in the circumstances described in s 15(2).

10. Avoid third‑party offences and meter tampering issues (s 11)

• Ensure company meters and recording apparatus are secure and monitor for signs of tampering. Implement access control, signage and security procedures to deter unauthorised connections and theft.

• If unauthorised connections or meter tampering is detected, document the breach, preserve evidence and consider both prosecution under s 11 and civil recovery under s 12.

11. Make and maintain the statutory deposit with the Treasurer (s 16)

• Comply with any Joint Standing Orders relating to private bills by making the required deposit with the Treasurer, and track the conditions under which the deposit will be returned upon completion of the work.

12. Documentation for evidentiary advantage (s 15(1))

• Use the statutory direction that the Act is to be judicially noticed to streamline pleadings and enforcement. Nonetheless, prepare thorough documentary evidence on compliance with notice, plan approvals, attendances, reinstatement and communications with statutory officers. Judicial notice simplifies proof of the Act’s existence but not proof of compliance.

13. Prepare for low statutory penalty ceilings in enforcement strategy (ss 7, 11)

• Given the modest statutory penalty ceilings, anticipate that the local authority and the company will rely heavily on cost recovery (s 8) and civil claims (s 9, s 12) to secure adequate compensation for breaches. Ensure legal budgets reflect the likely need for civil processes if damages exceed statutory penalty yields.

14. Map current administrative successors and consult them early

• Use the compilation notes to identify present-day successors to historic office titles and entities referenced in the Act (for example, the City of Fremantle for North Fremantle’s council functions, the Public Transport Authority vs the Commissioner of Railways, the Water Corporation vs the Metropolitan Water Supply Department, and the Port Authority under the Port Authorities Act 1999). Engage early with the contemporary offices to confirm their expectations and conditions for supervision and consent.

15. Legal and commercial caution

• Where the Act’s text is silent or ambiguous (for example, what counts as "clear days", "all convenient speed", or "reasonable time"), adopt conservative operational timeframes, secure written confirmations from authorities, and preserve contemporaneous documentation. These practices reduce the risk of disputes under ss 5-6 and s 10.

This compliance checklist is derived directly from the Act’s operative provisions: notice and plan deposit (s 5), ministerial consents and plan approvals (s 4), reinstatement and guarding (s 6), penalties and cost recovery (ss 7-8), compensation (s 9), alteration orders (s 10), offence and meter protections (ss 11-12), courts for penalties (s 13), payment in lieu of rates (s 14), private-Act deposit mechanics (s 16) and judicial notice (s 15(1)). Practitioners should also consult the compilation notes to map historical references to current public authorities before commencing works.