Westernport (Crib Point Terminal) Act 1963

Definitions set the core legal architecture. “Authorised pipeline” is a 200 millimetre nominal bore petroleum transmission pipeline constructed under s 6 and which the Company must have a permit and licence under the Pipelines Act 1967 (s 2(1)). The Act treats the pipeline as personal property and not part of the land (s 6(2)). “Company” is defined as Crib Point Terminal Pty. Ltd. and anyone permitted to own and use the authorised pipeline under the Pipelines Act 1967 (s 2(1)). The “route” is the route shown by a solid black line on plans LEGL‑94/3 and LEGL‑94/4 lodged at the Central Plan Office (s 2(1), s 6B(1)-(2), Schedule 1).

Statutory easement and statutory covenant are legal constructs the Act brings into being by force of statute. The form and content of a statutory easement and covenant depend on a written statement prepared by the Company describing rights and obligations (s 6C(1)-(2)). The Minister may recommend and the Governor in Council may, by Order in the Government Gazette, approve that statement; from the “specified day” (the day the Order operates) effect flows: existing pipeline easements or restrictive covenants in favour of the Company are extinguished and discharged respectively (s 6E(1)-(2); s 6F(a)-(b)); new statutory easements for access and pipeline purposes and for the authorised pipeline are created over land specified in the Company’s statement (s 6F(c)-(d)); and the person entitled to the benefit of the pipeline easement obtains the rights and incurs the obligations set out in the statement (s 6F(e)-(g)). The burden of obligations imposed on landowners runs with the land and may be enforced against successors in title as if they were restrictive covenants (s 6F(h)). The Act expressly permits statutory easements and covenants to operate against Crown land, public authorities and roads (s 6H).

Procedural and evidentiary devices streamline implementation: substitute plans may be prepared and signed by the Surveyor‑General to correct or better identify boundaries and may proceed without a survey based on Company documents (s 6D(1)-(3)); production of the lodged statement or lodged instruments is conclusive proof of contents (s 6C(4); s 6J(8)). Variation of statutory easements is possible (s 6J) but tightly constrained: variations that burden other land generally require concurrence with a change in the authorised route under the Pipelines Act, agreement of affected owners, or specific stated corrections such as errors, defects, or discrepancies (s 6J(5)). The Registrar of Titles must, on request, record easements and variations in the Register without production of consents or plans (s 6L(2)-(4)).

Operationally, the Company may open and break up streets for pipeline works and temporarily stop traffic, subject to notice requirements and restoration obligations (s 11). The Company is liable for damage caused by such works, and affected persons must make any claim within two years (s 12). Despite other rights of action that might exist, the Crown and the Company are, save where expressly provided, not liable to pay compensation for the extinguishment, creation or variation of interests under the Act (s 14-15); section 16 is stated to alter or vary the Constitution Act 1975 to prevent the Supreme Court entertaining actions for compensation in the circumstances where no compensation is payable by operation of s 15.

Schedules 2 and 3 provide the granular roll‑up: Schedule 2 lists a large number of title folios and the pre‑existing instruments to which the Act’s construction applies (s 6A and Schedule 2), and Schedule 3 lists specific freehold folios to be burdened by statutory easement. The plans LEGL‑94/3 and LEGL‑94/4 (Schedule 1) set the authorised route for the pipeline (s 6B).

Primary actors

• The Company: defined as Crib Point Terminal Pty. Ltd. and any person permitted to own and use the authorised pipeline under the Pipelines Act 1967 (s 2(1)). The Company can prepare the statement that defines the content of statutory easements and covenants (s 6C(1)), lodge it (s 6C(3)), and is entitled to the benefit of statutory easements created by Order (s 6F(e)). The Company also gains powers to open streets and close traffic for pipeline construction or maintenance, subject to notice and restoration duties (s 11). The Company is liable for damage arising from those activities under s 12.

• Landowners of parcels listed in Schedules 2 and 3 and Crown land identified on the plans: their land may be burdened by statutory easements and covenants (s 6C(1)(e); s 6F(c)-(d); Schedule 2; Schedule 3). Obligations specified in the Company’s lodged statement run with that land and may be enforced by the person entitled to the benefit of the statutory easement (s 6F(g)-(h)). Owners of affected land have procedural avenues: agreements existing immediately before the specified day may survive and have continuing effect as if made in relation to the statutory easement (s 6K(2)-(3)). Owners are the parties who may enforce positive or negative obligations on the Company under the statutory covenant (s 6F(g)).

• Port of Melbourne Authority: particular land shown as an access and pipeline easement on Plan LEGL/94‑6 vests in fee simple in the Port of Melbourne Authority (s 4(1)), although the pipeline property itself is not transferred to the Authority (s 4(2)(b)). Section 4(3) makes clear that “land” includes improvements, including port facilities.

• Crown and public authorities: the Act binds the Crown (s 3) and expressly enables statutory easements and covenants to burden Crown land, reserved Crown land, and public highways and roads (s 6H). The Minister may exercise powers under s 6J on behalf of the Crown in respect of Crown land (s 6J(10)). Section 14 states that, except where otherwise expressly provided, no public statutory corporation or person is entitled to receive money or compensation from the Crown in respect of passing or operation of the Act.

• Minister, Governor in Council, Surveyor‑General, Registrar of Titles: the Minister receives the lodged statement (s 6C(3)(a)) and may recommend to the Governor in Council that an Order be made to approve the statement (s 6E(1)). The Governor in Council makes the Order, which specifies the “specified day” on which statutory easements come into effect (s 6E(2); s 6F). The Surveyor‑General may prepare substitute plans and sign them, including on Company-supplied documents without a survey (s 6D(1)-(3)). The Registrar of Titles must amend the Register on request to record statutory easements and variations (s 6L(1)-(4)).

Secondary effects

• Local authorities and street/road controllers: the Company must give at least three days’ written notice before opening streets except in emergency (s 11(2)), and must restore and make safe any opened areas, bearing increased repair costs for six months (s 11(3)).

• Persons with pre‑existing agreements with the Company: written agreements relating to access or use of land burdened by the statutory easement are not extinguished by the Act and continue to have effect as if made in relation to the statutory easement (s 6K(2)-(3)). Section 6M clarifies that the Act’s operation does not constitute a breach of any such agreement existing immediately before the specified day.

Overall distribution of rights and burdens

The statute shifts proprietary and operational rights from an assortment of pre‑existing instruments identified in Schedule 2 to statutory easements and covenants specified by the Company and approved by executive Order (s 6F). Owners of burdened land acquire enforceable obligations imposed by the statutory covenant, but the Act removes any entitlement to compensation by the Crown or the Company for the extinguishment, creation or variation of interests effected by the Act (s 15). At the same time the Company’s operation of the pipeline remains regulated by the Pipelines Act 1967, and the Company’s permitted use depends on permits and licences under that Act (see definition of authorised pipeline in s 2(1) and s 6(1)).

Rights created by the Act

• Creation of statutory easement: On and from the specified day following an Order under s 6E, an easement for access and pipeline purposes and an easement for the authorised pipeline are created over land specified in the Company’s lodged statement (s 6F(c)-(d)). The owner for the time being of the Company pipeline is entitled to the benefit of the statutory easement (s 6F(e)). The person entitled to the benefit receives the rights specified in the lodged statement (s 6F(f)).

• Vesting of land: Land shown as an access and pipeline easement on Plan LEGL/94‑6 vests in fee simple in the Port of Melbourne Authority (s 4(1)). “Land” includes improvements such as port facilities (s 4(3)).

• Pipeline regulation and property: The authorised pipeline is subject to the Pipelines Act 1967 (s 6(1)) and is treated as personal property, not part of the land it runs through (s 6(2)). That distinction affects ownership and transfer mechanics.

• Powers to open roads: The Company and authorised persons may open and break up public or private streets, roads or bridges and temporarily stop traffic for the purposes of the Act (s 11(1)). The Company must give at least three days’ notice except in emergency (s 11(2)). The Company must restore and secure works and bear some repair costs for six months (s 11(3)).

Duties and obligations

• Content of statutory covenants: The Company must prepare a written statement specifying the rights to be given and the obligations imposed in relation to the statutory easement and any pipelines within it (s 6C(1)(a)-(c); s 6C(2)). That statement determines the obligations the person entitled to the benefit of the easement has, and creates enforceable obligations on the owners of land burdened by the easement as if they had agreed to them (s 6F(f)-(g)).

• Obligations to landowners and enforcement: Positive and negative obligations on owners of land specified in the statement run with the land and may be enforced against the owner or successor in title as if the owner had agreed and as if the obligation were a restrictive covenant (s 6F(h)). The owners of burdened land may enforce obligations of the person entitled to the benefit (s 6F(g)).

• Notice and restoration duties for street works: The Company must provide notice before opening roads (s 11(2)), restore areas to satisfaction of local authority, fence, light, guard works and pay increased repair costs for six months (s 11(3)(a)-(c)).

• Liability for damage from works: The Company must make full compensation for damage sustained by owners and interested parties within two years from exercise of its powers to open or break up land; compensation is to be agreed or determined under the Lands Compensation Act 1958 (s 12).

Procedural duties

• Lodgement obligations: The Company must lodge the statement with the Minister and the Central Plan Office (s 6C(3)). The Surveyor‑General must lodge substitute plans at the Central Plan Office and provide copies to the Minister when he or she signs them (s 6D(3)). The persons who prepare variation instruments or agreements must lodge copies with the Minister and the Central Plan Office before they take effect (s 6J(6)-(7)). The Registrar of Titles must record statutory easements and make necessary amendments on request (s 6L(2)).

• Variation constraints: A statutory easement or covenant may be varied by the person entitled to the benefit or by agreement between the pipeline owner and landowner, but variations that burden other land are limited (s 6J(1)-(5)). Variations have no effect until lodged at the Central Plan Office (s 6J(7)).

Limitations on rights to compensation and litigation

• No compensation rule: No compensation is payable by the Crown or the Company in respect of extinguishment, creation or variation by this Act of an interest, right, privilege or obligation over land (s 15). Section 14 also states no public statutory corporation or other person shall receive compensation from the Crown in respect of the passing or operation of this Act except where expressly provided. Section 16 signals an intention to limit Supreme Court jurisdiction so actions for compensation are prevented where s 15 applies.

Other safeguards

• Preservation of other rights: The Act does not affect other easements or rights existing over the land except to the limited extent provided by s 6F(a)-(b) (s 6K(1)). Pre‑existing written agreements about access or use between the Company and landowners are not extinguished and continue to be operative in relation to the statutory easement (s 6K(2)-(3)). The Act expressly states that the extinguishment, creation or exercise of rights under the statutory easement does not constitute breach of any such pre‑existing agreement (s 6M).

Collectively, the Act both confers and confines rights: it gives the Company statutory mechanisms to secure pipeline and access rights and to operate construction works, while setting out obligations for restoration, liability for physical damage, mechanisms for recording and varying easements, and a statutory bar on compensation for changes made under the Act.

The Act does not create a catalogue of criminal offences or administrative monetary penalties. Its enforcement and remedial structures are property‑ and contract‑oriented, implemented through statutory creation of rights and through ordinary civil recourse.

Enforcement of covenants and obligations

• Private enforcement: Section 6F(g)-(h) establishes that owners of land burdened by a statutory easement may enforce obligations imposed on the person entitled to the statutory easement as if the person had entered into an agreement with each owner. Conversely, the person entitled to the benefit of the statutory easement may enforce obligations that run with the land against owners or successors as if they were restrictive covenants (s 6F(g)-(h)). The Act therefore relies on the traditional private law enforcement mechanisms for covenants and easements: affected parties may pursue civil proceedings to obtain specific enforcement or damages in relation to breaches of the statutory obligations.

• Compensation for damage: For physical damage caused by exercise of the Company’s power to open or break up streets etc., s 12 provides that the Company shall make full compensation to the owner and all parties interested in the land for damage sustained as a consequence of such powers, to be agreed or, in default, determined under the Lands Compensation Act 1958. Claims must be made within two years from the exercise of the powers (s 12). That is an enforceable compensation obligation in respect of physical works.

Administrative steps and recording as enforcement mechanisms

• Lodgement and registration requirements: The effectiveness and enforceability of easements and variations depend on lodgement and registration procedures. Instruments of variation or agreements have no effect until lodging at the Central Plan Office (s 6J(6)-(7)); the Registrar of Titles is required, on request, to record statutory easements and any variations and make necessary amendments to the Register (s 6L(2)-(4)). These statutory recording obligations are procedural gates that affect notice, marketability and enforceability.

Limitations on compensation and jurisdiction

• No compensation for extinguishment/creation/variation: Section 15 displaces any entitlement to compensation by the Crown or the Company in respect of the extinguishment, creation or variation by this Act of an interest, right, privilege or obligation over land. Section 14 similarly prevents receipt of money or compensation from the Crown in respect of the passing or operation of the Act except where expressly provided. Section 16 is expressed to alter or vary s 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court entertaining actions for compensation where s 15 applies. These provisions operate as statutory bars to certain compensation claims and aim to curtail litigation avenues for affected parties seeking compensation under ordinary property law or constitutional remedies in specified circumstances.

Practical consequences for enforcement

• Private litigation will remain available for: (a) enforcement of statutory covenants and easements as private rights; (b) claims for compensation for physical damage caused by works under ss 11-12 (subject to time limits); and (c) enforcement of other rights that are not extinguished by operation of s 6F(a)-(b) or disallowed by s 15. However, claims that rely on entitlement to compensation for extinguishment, creation or variation effected under the Act are statutorily excluded (s 15), and the Act signals an intention that courts (at least the Supreme Court) ought not entertain such actions (s 16).

No express criminal sanctions are inserted by the Act for non‑compliance with its procedural steps (for example, for failing to lodge an instrument), nor are there specified fines for breaches of statutory covenants within the Act. Enforcement therefore falls into ordinary civil processes and the administrative machinery of registration and executive action.

Relationship with the Pipelines Act 1967

• The Act expressly imports the Pipelines Act 1967: the Pipelines Act applies to the authorised pipeline and is deemed always to have applied (s 6(1)). Further, “authorised pipeline” as defined in s 2 requires that the pipeline be constructed in accordance with s 6 and that the Company has a permit to own and use and a licence to operate under the Pipelines Act 1967. Section 6I couples variation of the authorised route under the Pipelines Act with the statutory easement regime: the authorised route specified in a permit or licence under the Pipelines Act cannot be varied under that Act unless, at the same time, a statutory easement is varied or created in accordance with this Act or an instrument in Schedule 2 is varied (s 6I).

Interaction with land title regimes

• The Act operates across both Torrens title land (Transfer of Land Act 1958) and pre‑Torrens or Part 1 Property Law Act land. Schedule 2 lists instruments and folios under the Transfer of Land Act and Part 1 of the Property Law Act (Schedule 2, Part 1 and Part 2). Section 6A provides construction rules for instruments listed in Schedule 2, deeming references to the old Act name to be references to this Act and deeming certain consents and company references to include current pipeline owners (s 6A(1)-(3)). The Registrar of Titles has specific amendment functions under s 6L to record statutory easements and variations without production of usual consents or plans (s 6L(2)-(4)). This makes the Act an overlay on normal title recording practices.

Crown and public authority powers and liabilities

• The Act binds the Crown (s 3) and permits statutory easements to burden Crown land and public highways (s 6H). Section 6J(10) permits the Minister, on behalf of the Crown, to exercise power conferred by s 6J in relation to Crown land. Section 14 states that no public statutory corporation or other person is entitled to receive compensation from the Crown in respect of the Act except where otherwise expressly provided. These provisions interact with other statutes that regulate Crown land and public authorities, enabling statutory easements to be imposed notwithstanding other enactments or rules of law (s 6H(d)).

Interaction with compensation and constitutional jurisdiction

• The Act modifies compensation entitlements: s 15 provides that no compensation is payable by the Crown or Company in respect of extinguishment, creation or variation by this Act of an interest over land. Section 16 is stated to alter or vary s 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court entertaining actions for compensation where none is payable under s 15. That effects an interaction with constitutional judicial review and property compensation frameworks.

Survey and plan law

• The Surveyor‑General’s power to prepare and sign substitute plans without conducting a survey based on Company documents (s 6D(1)-(2)) and the reliance on plans lodged at the Central Plan Office (s 6B; Schedule 1) interact with survey law and plan recording procedures under the Survey Co‑ordination Act 1958 and the Transfer of Land and related Acts. Section 6L allows amendments to title records without production of usual consents or plans, which interacts with Transfer of Land Act procedure and the Registrar’s powers under the Transfer of Land (Single Register) Act 1998 (see amendment history).

Saving of contractual rights

• The Act preserves the effect of pre‑existing written agreements relating to access and use (s 6K(2)-(3)) and states that the extinguishment, creation or variation of rights under the Act does not constitute a breach of agreement existing immediately before the specified day (s 6M). Transitional provisions in the 1994 amending Act (noted in the Endnotes) further address listed agreements and their cessation or preservation (Endnotes Note 2 and transitional text).

Transport Integration Act classification

• Section 2B designates the Act as transport legislation within the meaning of the Transport Integration Act 2010. That classification affects how objectives and decision‑making interact with the broader transport policy framework, to the extent relevant authorities consider such statutory schemes together (s 2B).

Limits and overrides

• Section 6H provides that statutory easements and covenants have effect despite any other Act or rule of law to the contrary and even though they may burden Crown land or public highways (s 6H(a)-(d)). That is an express override provision indicating Parliament’s intention that these statutory easements take precedence where there is a conflict.

In sum, the Act is an integrating instrument that sits across pipeline regulation (Pipelines Act), land title recording regimes, Crown land law and administrative decision‑making. It modifies compensation frameworks and creates an executive pathway for creating easements that can take precedence over other legal rules, while preserving specific pre‑existing contractual arrangements and incorporating survey and registration processes.

The Endnotes and text record the principal amendments and their legal effects. Key amendments recorded in the Act and Endnotes are:

• Westernport (Crib Point Terminal) Act 1994, No. 63/1994 (Assent 15 June 1994; Commencement 15 June 1994). This amending Act changed the title of the Principal Act from the Westernport (Oil Refinery) Act 1963 to the Westernport (Crib Point Terminal) Act 1963 (Endnotes Note 1). The 1994 Act inserted a suite of new sections that substantially restate and modernise the easement and pipeline regime: ss 2 (substituted), 2A (Objects), 6A-6M (statutory easement construction, interpretation, lodgement, plans, approval, effect, variation, recording and other mechanics), and adjustments to ss 4-6 provisions. Schedule 2 and Schedule 3 were also substituted/inserted by s 8 of the 1994 amendment, listing detailed folios and instruments. The Endnotes incorporate transitional provisions (see Endnotes Note 2) which state that certain listed agreements cease to have effect on commencement but conserve prior operations and proprietary interests. The 1994 changes form the core modern statutory structure in the present text.

• Land Acquisition and Compensation Act 1986, No. 121/1986 (Assent 23 December 1986; Commencement 29 November 1987). The Endnotes list this Act as an amendment in the legislative history; the detail in the Endnotes indicates it is incorporated in the table of amendments affecting the Principal Act.

• Transfer of Land (Computer Register) Act 1989, No. 18/1989 (Assent 16 May 1989; Commencement 3 February 1992). This amending Act altered recording processes and is reflected in Endnotes as affecting the Principal Act.

• Transfer of Land (Single Register) Act 1998, No. 85/1998 (Assent 17 November 1998; relevant commencement of s 24 on 1 January 1999). Endnotes indicate the 1998 amendments affected ss 6L(1) and (2) concerning Registrar of Titles amendment functions to reflect the single register reforms that changed practices for recording interests and allowed certain recordings without production of usual documentation (s 6L(2) recodified).

• Statute Law Revision Act 2000, No. 74/2000 (Assent 21 November 2000; Commencement 22 November 2000 for the schedule item affecting s 6C(1)(b)). The 2000 Act made minor revisions noted in the Endnotes (s 3(Sch 1 item 144)).

• Transport Integration Act 2010, No. 6/2010 (Assent 2 March 2010; s 24(5)(Sch 1 item 18) commenced 1 July 2010). This amendment inserted s 2B into the Principal Act, designating it as transport legislation for the purposes of the Transport Integration Act 2010 (Endnotes entries reflect this).

Other amending enactments are recorded in the Endnotes’ table of amendments section, which lists these and indicates the incorporated status as at 25 October 2012. The 1994 amendment notably reworked the Principal Act, introduced the statutory easement machinery, and provided transitional rules preserving some pre‑existing agreements while removing others. The Endnotes also record repeals of ss 7-10 over time by the 1994 amending Act.

Readers should consult the Endnotes for precise commencement dates and the particular schedule items referenced in the Act’s margin notes; the schedules in the Principal Act as amended (Schedules 1-3) reflect the new cadastral, folio and instrument detail as inserted in 1994.

The act text and its Endnotes do not record any judicial decisions or a litigation history arising under the Principal Act. The schedules and sections list no cases, and the Endnotes provide only amendment and explanatory details. The Act includes provisions that limit compensation claims (s 15) and that, by s 16, are intended to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court entertaining actions for compensation in circumstances where s 15 applies. That indicates legislative intent to curtail certain classes of litigation, but the Act itself does not cite or summarise any judicial consideration or disputes.

Matters likely to generate litigation, based on the statutory scheme, include:

• Disputes over the content and reasonableness of the rights and obligations specified in a Company‑lodged statement under s 6C and their interpretation, particularly where those obligations are enforced as if they were restrictive covenants (s 6F(f)-(h)).

• Conflicts about the sufficiency of notice, adequacy of restoration, or compensation for physical damage following works under ss 11-12, with statutory time limits (s 12) and recourse to the Lands Compensation Act 1958 for determination in default of agreement.

• Challenges to plan boundaries and variations where the Surveyor‑General has prepared substitute plans without a survey based on Company documents (ss 6D(1)-(3)), which may raise disputes about accuracy and identification of the pipeline corridor.

• Questions about the extent to which s 15 and s 16 bar compensation claims and the procedural or constitutional consequences of the intended curtailment of Supreme Court jurisdiction.

However, the Act itself includes no list of reported decisions. Practitioners seeking judicial treatment of issues under this Act will need to search external case law databases and court records to identify disputes and authorities that have interpreted these provisions. The lack of litigation history in the Act text does not mean litigation has not occurred; it simply is not recorded in the statute or its Endnotes.

The Act contains several specific mechanisms and drafting choices that can produce unexpected practical effects for owners, authorities and companies. These are matters to flag in due diligence and transaction design:

1. No general compensation for statutory changes (s 15). Section 15 states that no compensation is payable by the Crown or the Company in respect of the extinguishment, creation or variation by this Act of an interest, right, privilege or obligation over land. That is a targeted statutory bar: landowners deprived of prior rights by the operation of s 6F (extinguishment and discharge of earlier pipeline easements and restrictive covenants) cannot look to the Crown or Company for compensation under the Act. This should be checked against pre‑existing agreements, which the Act may preserve under s 6K(2)-(3) and s 6M, but rights extinguished under s 6F(a)-(b) are displaced without compensation by the statute.

2. Limited judicial recourse signalled (s 16). The Act declares an intention to alter section 85 of the Constitution Act 1975 to prevent Supreme Court actions for compensation in circumstances where no compensation is payable by virtue of s 15. The practical effect is to raise a hurdle for certain judicial claims; careful litigation strategy is required to determine whether alternative causes of action remain available (for example, for physical damage under s 12).

3. Statutory easements may burden Crown land and roads (s 6H). The Act expressly permits statutory easements to operate against Crown land, reserved Crown land and public highways, despite any other Act or rule of law (s 6H). Public authorities and land managers should note that obligations and burdens may be imposed that would not otherwise be contemplated under ordinary Crown land governance, and the Minister can exercise rights on behalf of the Crown under s 6J(10).

4. Plans may be substituted without survey (s 6D(2)). The Surveyor‑General can prepare and sign substitute plans based on documents supplied by the Company without conducting a survey. That expedites implementation but may reduce boundary precision and increase dispute risk regarding the true physical limits of the easement corridor.

5. The pipeline is personal property, not part of the land (s 6(2)). This distinction affects transfer mechanics, security interests, and valuation. The pipeline owner’s property rights are detachable from the landowner’s title even though easements burden the land.

6. Creation of statutory easement extinguishes earlier pipeline rights in favour of the Company (s 6F(a)). Where earlier pipeline easements in favour of the Company exist, s 6F(a) extinguishes them on the specified day. That can consolidate rights under the statutory scheme, but owners should check whether any other parties hold residual interests preserved by s 6K.

7. Recorded instruments treated as modified (s 6A). Instruments listed in Schedule 2 are construed to adjust references to the old Act name and to be taken as excluding certain agreements; consents given by earlier BP entities are deemed to have effect as if given by the Company where in force immediately before commencement (s 6A(1)-(2)). This affects the interpretation of historical instruments listed in Schedule 2: practitioners must read those instruments in light of the statutory construction rule.

8. Variation limits and lodgement gates (s 6J). Variations to statutory easements that burden additional land are restricted: they generally require joint variation with an authorised route change under Pipelines Act, owners’ agreement, or be limited to error correction or route discrepancy (s 6J(5)). Crucially, variations have no effect until lodged (s 6J(7)), so failure to lodge leaves parties exposed.

9. Registrar may record without usual documents (s 6L(4)). The Registrar of Titles can enter records reflecting statutory easements and variations without production of usual consents, certificates or surveys on the request of the person entitled to the benefit or of the registered proprietor (s 6L(2)-(4)). This facilitates recordation but reduces formal evidentiary protections that accompany standard title transactions.

10. Differing routes and instruments across land types. The Act spans Crown land, Torrens recorded freehold (Transfer of Land Act), and pre‑Torrens or Part 1 Property Law Act land (Schedule 2 and Schedule 3). The mechanics for identifying, varying and recording easements differ across these categories; practitioners must check the schedule entries for folio and instrument numbers to map obligations precisely.

11. Coexistence of old agreements. Pre‑existing written agreements about access or use with the Company are not wiped out by the Act and continue to have effect as if made in relation to the statutory easement (s 6K(2)-(3)), and the Act does not constitute a breach of those agreements (s 6M). Consequently, affected landowners may retain contractual remedies independent of the statutory prohibitions on compensation.

12. Narrow compensation pathways for physical damage (s 12). While the Act bars compensation for statutory extinguishment/creation/variation, s 12 preserves the right to be compensated for damage caused by the physical exercise of the Company’s powers to open and break up land, subject to a two‑year limitation. Differentiating the statutory no‑compensation bar from damage claims will be a central practical task.

These “gotchas” turn on detailed statutory wording. Practitioners, local authorities and title insurers should map the schedules, lodged statements and approved Orders carefully and check whether any pre‑existing agreements or recorded instruments provide additional protections or obligations beyond what the Act prescribes.

For the Company (Crib Point Terminal Pty. Ltd. or present pipeline owner)

1. Prepare the statement required by s 6C(1). The statement must specify separately the rights to be given and the obligations to be imposed for both the access and pipeline easement and the authorised pipeline easement (s 6C(2)(a)). It must specify obligations corresponding as nearly as practicable to the instruments in Schedule 2, and the land to be specified must approximate the width and route in the Schedule plans with the pipeline in the approximate centre (s 6C(2)(b)-(c), (1)(e)). The statement must explicitly state the statutory easements and covenants are for the benefit of Volume 8519 Folio 769 (s 6C(2)(d)).

2. Lodge the statement promptly with the Minister and at the Central Plan Office (s 6C(3)). Production of the lodged statement is conclusive proof of its contents (s 6C(4)). Ensure copies are kept and serial references to plans are recorded.

3. Coordinate the plan work with the Surveyor‑General. If substitute plans are required to correct defects or better identify the route, request preparation and be prepared to supply documents that allow the Surveyor‑General to prepare plans without survey (s 6D(1)-(3)).

4. Seek Ministerial recommendation and Governor in Council Order. The Minister may recommend and the Governor in Council may approve the lodged statement by Order published in the Government Gazette (s 6E(1)-(2)). The Company should engage with the Minister’s office and satisfy any statutory or exercise‑of‑discretion requirements in the administrative approval process.

5. Ensure Pipelines Act permits and licences are in place. The definition of “authorised pipeline” requires the pipeline to be constructed in accordance with s 6 and to have permit and licence under the Pipelines Act 1967 (s 2(1)). Comply with the Pipelines Act regulatory requirements before seeking to exercise pipeline rights.

6. Manage street works compliance. For opening streets, give at least three days’ notice to the local authority unless emergency (s 11(2)); restore and secure works, remove surplus material and bear repair costs increased by the opening for six months (s 11(3)(a)-(c)). Maintain documentation and photographic evidence of restoration and compliance.

7. Keep accurate documentation for registration. After an Order, ensure any variations and instruments are properly lodged at the Central Plan Office and that a request is made to the Registrar of Titles to record the statutory easement and any variations (s 6J(6)-(7); s 6L(2)). Lodgement is procedurally necessary for legal effect in some respects.

For landowners (freehold, Crown lessees, public authorities)

1. Obtain and review the Company’s lodged statement and the Government Gazette Order. The statement specifies rights and obligations that will bind land and owner's successors in title as if they were restrictive covenants (s 6F(f)-(h)). Timely review allows negotiation or agreement about obligations where possible.

2. Check pre‑existing agreements. Determine whether any written agreement with the Company survives under s 6K(2)-(3) and whether it provides protections or compensation mechanisms not displaced by s 15. Section 6M confirms creation/exercise of statutory easements is not a breach of pre‑existing agreements.

3. Engage in variation talks where necessary. Variations that would burden other land generally require owner agreement or must be tied to route changes under the Pipelines Act (s 6J(5)). If a proposed variation affects you, insist on formal agreement and ensure the variation is lodged before it takes effect (s 6J(6)-(7)).

4. Register protections and monitor entries. While the Registrar may record easements without the usual documents (s 6L(4)), owners should check the Register and ensure entries are correct. If you are the registered proprietor, you may request amendments be entered (s 6L(1)-(3)) and should hold copies of the Company’s lodged statement and any plans.

5. Preserve damage claims. If the Company performs works on your land or opens roads and damage ensues, you have two years from the exercise of those powers to seek compensation (s 12). Preserve evidence, secure expert reports, and consider negotiating compensation before resorting to Lands Compensation Act procedures.

For public authorities, the Port of Melbourne Authority and the Crown

1. Where land is to vest: the Port of Melbourne Authority receives fee simple vesting of lands shown as access and pipeline easements on LEGL/94‑6 (s 4(1)), but note that pipeline property is not transferred (s 4(2)(b)). Update asset registers and plan management arrangements accordingly.

2. Note liability and compensation rules: Section 14 limits entitlement to receive compensation from the Crown with respect to passing or operation of the Act, except where expressly provided. Ministers acting for the Crown have power to exercise s 6J functions in relation to Crown land (s 6J(10)). Public authorities should coordinate with the Minister’s office where statutory easements burden reserved Crown land or public highways.

3. Operational coordination for roads and utilities: Local authorities will receive notices under s 11(2) regarding planned openings; ensure procedures exist to assess proposed works, require appropriate security or conditions on the Company, and monitor restoration.

General compliance and transactional steps

• Title and due diligence: Before transactions affecting burdened folios, conduct title searches against the folios and instrument numbers listed in Schedule 2 and Schedule 3 and obtain copies of the Company’s lodged statement and any Government Gazette Order to identify covenants and obligations.

• Insurance and risk allocation: Parties should review insurance and indemnity arrangements given s 15’s bar to compensation for statutory extinguishment/creation/variation; insure for physical damage arising from works (s 11-12). Title insurers and lenders should factor the existence of statutory easements and the Registrar’s ability to record without typical consents (s 6L).

• Documentation for variations: Where parties agree to vary easements, ensure agreements or instruments are prepared, lodged with the Minister and the Central Plan Office and that the Surveyor‑General is engaged where substitute plans are necessary (s 6J(6); s 6D).

• Seek administrative engagement early: Because the Minister recommends and the Governor in Council approves Orders (s 6E), early dialogue with the Minister’s office and affected authorities can smooth the approval path. Documentation and consultations are material to the decision process.

Following these steps aligns the practical actions of the Company, landowners and authorities with the Act’s procedural gates and substantive constraints. Legal counsel should validate each step against the specific instruments listed in the schedules and any Orders that have been published.