Version incorporating amendments as at
25 October 2012
table of provisions
Section Page
1 Short title and commencement 2
2 Definitions 2
2A Objects of Act 4
2B Transport Integration Act 2010 4
3 Act to bind Crown 4
4 Port facilities to vest in Port of Melbourne Authority 4
5 Extinguishment of licence 5
6 The authorised pipeline 5
6A Construction of instruments relating to pipeline easements 5
6B Interpretation of plans 6
6C Documents to be lodged before statutory easement created 7
6D Plans—statutory easement 9
6E Approval of easements and covenants 9
6F Effect of Order 10
6G Responsibilities to cease in certain circumstances 11
6H Certain rules about easements and covenants not to apply 12
6I When can the route of the authorised pipeline be changed? 12
6J Variation of easement or covenant 13
6K Other easements and rights not affected 15
6L Amendment of records relating to title 16
6M Easement and covenant not breach of agreement 17
7–10 Repealed 17
11 Power to open and break up streets etc. and temporarily stop traffic 18
12 Company liable for damage 19
13 Public statutory corporations to co-operate with the Company 19
14 Crown not liable to make compensation 20
15 No compensation payable in certain circumstances 20
16 Supreme Court—Limitation of jurisdiction 20
SCHEDULES 21
SCHEDULE 1—Route of authorised pipeline 21
SCHEDULE 2—Authorised pipeline easements 22
Part 1—Land Under Transfer of Land Act 1958 22
Part 2—Land Registered Under Part 1 of the Property Law
Act 1958 24
SCHEDULE 3—Freehold land to be burdened by the statutory
easement 25
ENDNOTES 26
General Information 26
Table of Amendments 27
Explanatory Details 28
Version No.
Section 1 - Westernport (Crib Point Terminal) Act 1963 - Westernport (Crib Point Terminal) Act 1963 | Zoe
016
Westernport (Crib Point Terminal) Act 1963
No. 7018 of 1963
Version incorporating amendments as at
25 October 2012
An Act to ratify validate approve and otherwise give Effect to an Agreement between the Premier for and on behalf of the State of Victoria and BP Refinery (Westernport) Proprietary Limited with respect to the Establishment at Crib Point in the State of Victoria of a Refinery to authorize the Construction of Port Facilities at Crib Point to authorize and make Provision with respect to the Construction of certain Pipelines from Crib Point and for other purposes.
WHEREAS BP Refinery (Westernport) Proprietary Limited a company incorporated in the State of Victoria is desirous of establishing an oil refinery on certain lands at Crib Point:
AND WHEREAS the operation of the oil refinery requires the establishment of adequate port facilities in Westernport:
AND WHEREAS an agreement to facilitate the establishment of the said oil refinery and the said port facilities has been entered into between the Premier of the State of Victoria and the Company:
AND WHEREAS the agreement is expressed to be subject to ratification by the Parliament of Victoria:
AND WHEREAS it is expedient in the public interest to ratify validate approve and otherwise give effect to the said agreement and to make other provision as hereinafter enacted:
BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1 Short title and commencement
s. 1
S. 1(1) amended by No. 63/1994 s. 11(1).
(1) This Act may be cited as the Westernport (Crib Point Terminal) Act 1963[1].
(2) This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
S. 2 substituted by No. 63/1994 s. 4.
2 Definitions
(1) In this Act—
authorised pipeline means a 200 millimetre nominal bore pipeline for the transmission of petroleum—
(a) constructed in accordance with section 6; and
(b) which the company has a permit to own and use and a licence to operate under the Pipelines Act 1967;
Central Plan Office means the Central Plan Office under the Survey Co-ordination Act 1958;
Company means Crib Point Terminal Pty. Ltd. and any person who is for the time being permitted to own and use the authorised pipeline under the Pipelines Act 1967;
petroleum means mineral oils or hydrocarbons of any kind and from whatever source, whether crude or refined, and includes—
(a) petroleum feedstock; and
(b) products obtained from petroleum; and
(c) a mixture of petroleum or a petroleum product with another substance;
s. 2
pipeline includes valves, apparatus, equipment, cathodic protection works and other works associated with a pipeline;
Port of Melbourne Authority means the Port of Melbourne Authority under the Port of Melbourne Authority Act 1958;
route in relation to the authorised pipeline means the route shown by a solid black line on the plans referred to in Schedule 1;
specified day means the date on which an order under section 6F comes into operation;
statutory covenant means obligations referred to in section 6F as varied and in force from time to time;
statutory easement means an easement created by section 6F as varied and in force from time to time.
(2) A reference in this Act to a statement lodged under section 6C is a reference to such a statement as varied from time to time under section 6J.
(3) If a new folio of the Register under the Transfer of Land Act 1958 is created for all or any part of the land in a folio of the Register listed in column 1 of an item in Schedule 2, and an instrument listed in column 2 of that item applies to the land in that new folio, a reference in column 1 of that item to that old folio is deemed to be a reference to each new folio so created.
S. 2A
inserted by No. 63/1994 s. 4.
2A Objects of Act
The following are the objects of this Act—
(a) to assist the development and operation of a terminal at Crib Point to receive, store and distribute petroleum, whether by pipeline or otherwise;
s. 2A
(b) for that purpose to provide for certain existing and new easements, for the construction and operation of certain pipelines, and for the vesting in the Port of Melbourne Authority of Crown land used for port facilities.
S. 2B
inserted by No. 6/2010 s. 24(5)(Sch. 1 item 18) (as amended by No. 45/2010 s. 5).
2B Transport Integration Act 2010
This Act is transport legislation within the meaning of the Transport Integration Act 2010.
3 Act to bind Crown
This Act shall bind the Crown.
S. 4 substituted by No. 63/1994 s. 5.
4 Port facilities to vest in Port of Melbourne Authority[[2]](#endnote-3)
(1) Subject to subsection (2), the land shown as an access and pipeline easement on Plan LEGL/94–6 lodged at the Central Plan Office vests in fee simple in the Port of Melbourne Authority.
(2) Subsection (1) does not—
(a) affect the status of any of the land shown as an access and pipeline easement on the plan referred to in subsection (1) as a road; or
(b) transfer any property or right in the authorised pipeline to the Port of Melbourne Authority.
(3) In subsection (1) land includes improvements (including port facilities) on land.
S. 5 substituted by No. 63/1994 s. 5.
5 Extinguishment of licence[[3]](#endnote-4)
(1) Subject to subsection (2), on the vesting of the land referred to in section 4(1) in the Port of Melbourne Authority, any licence under section 138 of the Land Act 1958 and referred to in section 4(1) of the Westernport (Oil Refinery) Land Act 1990 is extinguished.
(2) Subsection (1) does not affect any property or right in the authorised pipeline existing immediately before the commencement of this section.
S. 6 substituted by No. 63/1994 s. 5.
6 The authorised pipeline[[4]](#endnote-5)
(1) The Pipelines Act 1967 applies and, since its commencement, is deemed always to have applied to the authorised pipeline.
s. 5
(2) The authorised pipeline is not part of the land through which it runs, and is personal property.
S. 6A
inserted by No. 63/1994 s. 5.
6A Construction of instruments relating to pipeline easements
(1) On the commencement of this section a reference in an instrument listed in column 2 of an item in Schedule 2—
(a) to the Westernport (Oil Refinery) Act 1963 or to the Schedule to the said Act is deemed to be a reference to the Westernport (Crib Point Terminal) Act 1963; and
(b) to any agreement pursuant to the Westernport (Oil Refinery) Act 1963 is deemed to be omitted from the instrument; and
(c) to the Company (if there is no accompanying reference to its successors or transferees) is deemed to include a reference to the owner for the time being of the authorised pipeline.
(2) If a consent was given by BP Refinery (Westernport) Pty. Ltd. or BP Australia Ltd under an instrument listed in column 2 of an item in Schedule 2 and is in force immediately before the commencement of this section, that consent has effect on and from that commencement as if given by the Company.
(3) This section has effect despite anything to the contrary in an instrument listed in column 2 of Schedule 2 or in the Register under the Transfer of Land Act 1958 or in any instrument registered under the Property Law Act 1958.
S. 6B
inserted by No. 63/1994 s. 5.
6B Interpretation of plans
(1) Plan LEGL–94/3, referred to in Schedule 1, shows in general terms, by solid black line, the route of the authorised pipeline, and refers to the more particular description of that route in Plans LEGL–94/4.
s. 6B
(2) Plans LEGL–94/4, referred to in Schedule 1, show in detail the route of the authorised pipeline.
(3) On the plans referred to in subsection (2) Crown land that is part of or adjoins the route of the authorised pipeline and—
(a) is vested in the Public Transport Corporation, is coloured red; or
(b) is reserved under the Crown Land (Reserves) Act 1978, is coloured blue; or
(c) is a road, is coloured brown; or
(d) is land not referred to in paragraphs (a) to (c), is coloured yellow.
S. 6C
inserted by No. 63/1994 s. 5.
6C Documents to be lodged before statutory easement created
(1) The Company may prepare a written statement specifying—
(a) the rights to be given to the person for the time being entitled to the benefit of a statutory easement; and
S. 6C(1)(b) amended by 74/2000 s. 3(Sch. 1 item 144).
(b) the obligations to be imposed on the owners for the time being of land to be burdened by a statutory easement in respect of the easement and any pipelines within it; and
(c) the obligations of the person for the time being entitled to the benefit of a statutory easement with respect to the use of the easement and the protection of the land burdened by it and compensation or indemnity for damage arising out of that use; and
s. 6C
(d) that a statutory easement is to be created for access and pipeline purposes over the land shown as an access and pipeline easement on Plan LEGL/94–6 lodged in the Central Plan Office; and
(e) that a statutory easement and statutory covenant for the purposes of the authorised pipeline is to be created over—
(i) the land referred to in section 6B(3); and
(ii) part of the land in the folios of the Register under the Transfer of Land Act 1958 listed in Schedule 3 and specified in the statement; and
(iii) any other land that is specified in the statement and is part of or adjoins the route of the authorised pipeline, and is not land in a folio of the Register listed in column 1 of Schedule 2.
(2) The statement—
(a) must, for the purposes of subsection (1)(a), (b) and (c), specify separately the rights and obligations relating to the access and pipeline easement, and the rights and obligations relating to the easement for the purposes of the authorised pipeline; and
(b) must, in relation to the easement for the purposes of the authorised pipeline, specify rights and obligations that correspond as nearly as practicable to those in the instruments listed in column 2 of Schedule 2, with any modifications necessary or desirable because some of the land may be Crown land; and
s. 6C
(c) in specifying land under subsection (1)(e), must specify land with a width that corresponds as nearly as practicable to the width of the easements created by the instruments listed in column 2 of Schedule 2, with the route of the pipeline located in the approximate centre of the easement; and
(d) must state that the statutory easements and covenants are for the benefit of the land in folio of the Register Volume 8519 Folio 769.
(3) The Company must lodge a copy of the statement—
(a) with the Minister; and
(b) at the Central Plan Office.
(4) Production of a copy of the statement lodged under subsection (3)(a) or (b) is conclusive proof of the existence and contents of the original.
S. 6D
inserted by No. 63/1994 s. 5.
6D Plans—statutory easement
s. 6D
(1) At any time before the making of an Order under section 6F, the Surveyor-General may cause to be prepared and may sign substitute plans for all or any of the plans referred to in Schedule 1 or for any part of the land described in those plans, if the Surveyor-General considers this necessary to correct any defect in the boundaries or description, or for the better identification, of the route of the authorised pipeline.
(2) A substitute plan referred to in subsection (1)—
(a) may only be prepared at the request of and in consultation with the Company; and
(b) may be based on documents supplied by the Company and prepared at or about the time of the construction of the authorised pipeline, without a survey being conducted.
(3) Without delay after signing a substitute plan the Surveyor-General must—
(a) lodge the plan at the Central Plan Office; and
(b) lodge a copy of the plan with the Minister.
(4) If a plan has been substituted for all or any part of the land in a plan referred to in Schedule 1, a reference to that plan in this Act, to the extent that it relates to the land in the substitute plan, must be taken to be a reference to that substitute plan.
S. 6E
inserted by No. 63/1994 s. 5.
6E Approval of easements and covenants
(1) On the Minister's recommendation, the Governor in Council, by Order published in the Government Gazette, may approve a statement lodged under section 6C.
(2) An Order under subsection (1) comes into operation on the date of publication of the Order in the Government Gazette or on any later day specified in the Order.
S. 6F
inserted by No. 63/1994 s. 5.
6F Effect of Order[[5]](#endnote-6)
By force of this section, on and from the specified day—
(a) any easement, right or privilege for petroleum pipeline purposes—
(i) existing immediately before the specified day; and
(ii) in favour of the Company or land owned by or vested in the Company; and
(iii) relating to the land to be burdened by a statutory easement—
is extinguished; and
(b) any restrictive covenant—
s. 6F
(i) existing immediately before the specified day; and
(ii) in favour of the Company or land owned by or vested in the Company; and
(iii) relating to an easement extinguished by paragraph (a)—
is discharged; and
(c) an easement for access and pipeline purposes is created over the land specified in the statement under section 6C(1)(d); and
(d) an easement for the purposes of the authorised pipeline is created over the land specified in the statement under section 6C(1)(e); and
(e) the owner for the time being of the Company pipeline is entitled to the benefit of a statutory easement; and
(f) the creation of a statutory easement gives to the person entitled to the benefit of the easement the rights specified in relation to that easement in the statement lodged under section 6C; and
(g) the creation of a statutory easement imposes on the person entitled to the benefit of the easement the obligations specified in the statement lodged under section 6C, and the owners for the time being of the land burdened by the easement may enforce those obligations as if the persons so entitled had entered into an agreement with each of those owners containing those obligations; and
(h) the burden of any obligation on an owner of land (whether positive or negative) specified in the statement lodged under section 6C—
(i) runs with that land; and
(ii) may be enforced against that owner or that owner's successor in title as if that owner had agreed to be bound by it and as if it were a restrictive covenant; and
(iii) may be enforced by the person for the time being entitled to the benefit of the statutory easement.
S. 6G
inserted by No. 63/1994 s. 5.
6G Responsibilities to cease in certain circumstances
s. 6G
(1) If a restrictive covenant discharged by section 6F is also a term of a contract, that term ceases to have effect by force of this section on the discharge of the covenant.
(2) Subsection (1) does not affect the previous operation of a covenant or any right or liability resulting from that previous operation.
S. 6H
inserted by No. 63/1994 s. 5.
6H Certain rules about easements and covenants not to apply
A statutory easement and statutory covenant have effect—
(a) even though they may burden land owned or occupied by a person entitled to the benefit of the easement or covenant; and
(b) even though they may affect Crown land or land owned or occupied by a public authority; and
(c) even though any of the land burdened by them may be reserved Crown land, a public highway or road; and
(d) despite any other Act or rule of law to the contrary.
S. 6I
inserted by No. 63/1994 s. 5.
6I When can the route of the authorised pipeline be changed?
The authorised route of the authorised pipeline specified in a permit or licence under the Pipelines Act 1967 cannot be varied under that Act unless, at the same time, as the case requires—
(a) a statutory easement is varied; or
s. 6H
(b) an easement is created under another provision of this Act; or
(c) an easement created by an instrument listed in column 2 of Schedule 2 is varied.
S. 6J
inserted by No. 63/1994 s. 5.
6J Variation of easement or covenant
(1) The person for the time being entitled to the benefit of a statutory easement or statutory covenant may prepare an instrument of variation of that easement or covenant.
(2) The owner for the time being of the authorised pipeline, and the owner for the time being of any land burdened by a statutory easement or statutory covenant may, by agreement, vary—
(a) an obligation of the owner of that pipeline referred to in section 6F; or
(b) that easement or covenant—
to the extent that it relates to that land.
(3) At the request of and in consultation with the persons who enter into an agreement under subsection (2) or prepare an instrument under subsection (1), the Surveyor-General may cause to be prepared and may sign any plans for the purposes of the variation, including substitute plans for all or any part of the land covered by the statutory easement.
(4) Those plans—
s. 6J
(a) may be based on information supplied by the persons who requested their preparation, without a survey being conducted; and
(b) must be lodged by the Surveyor-General at the Central Plan Office.
(5) A statutory easement or statutory covenant must not be varied under this section so that it burdens other land unless—
(a) the variation occurs in conjunction with a change (in accordance with the Pipelines Act 1967) in the authorised route of the authorised pipeline and the variation—
(i) is made with the agreement of the owners of the land affected; or
(ii) is authorised by an Act other than this Act; or
(b) the instrument of variation states that the variation is made to correct—
(i) an error or omission; or
(ii) a defect found on survey; or
(iii) a discrepancy between the actual route of the authorised pipeline and the route of the authorised pipeline shown on the plans referred to in Schedule 1.
(6) The persons who enter into an agreement or prepare an instrument under this section must lodge a copy of it with the Minister and at the Central Plan Office.
s. 6J
(7) An instrument under subsection (1) or an agreement under subsection (2) has no effect unless and until a copy is lodged at the Central Plan Office under this section.
(8) The production of a copy of an agreement or instrument lodged under subsection (6) is conclusive proof of the existence and contents of the original.
(9) Despite anything to the contrary in any other Act or law, a statutory easement or a statutory covenant created by this Act cannot be varied except in accordance with this section.
(10) In relation to Crown land burdened by a statutory easement or statutory covenant the Minister, on behalf of the Crown, may exercise any power conferred by this section on a land owner.
S. 6K
inserted by No. 63/1994 s. 5.
6K Other easements and rights not affected
(1) Subject to section 6F(a) and (b), the creation or variation of a statutory easement or a statutory covenant does not affect—
s. 6K
(a) any other easement, right, privilege, interest, encumbrance or obligation (however created) existing over the land burdened by the easement or covenant; or
(b) the use of the land burdened by that easement or covenant in a way that is consistent with the easement or covenant; or
(c) the creation of any other easement, right, privilege, interest, encumbrance or obligation over the land burdened by the easement and covenant, if that creation is authorised by law.
(2) If immediately before the specified day there existed between the Company and an owner of land which, on and from that day, is to be land burdened by a statutory easement, a written agreement about access to that land by the Company or the use of that land by the owner, that agreement—
(a) is not extinguished by this Act; and
(b) has effect as if made in relation to the statutory easement.
(3) If immediately before the specified day there existed between the Company and another person a written agreement relating to land which, on and from that day, is to be burdened by a statutory easement and providing for the use of any of that land or of the authorised pipeline, that agreement—
(a) is not extinguished by this Act; and
(b) has effect as if made in relation to the statutory easement.
S. 6L
inserted by No. 63/1994 s. 5.
6L Amendment of records relating to title
s. 6L
S. 6L(1) amended by 85/1998 s. 24(Sch item 68.1).
(1) On being requested to do so by the person for the time being entitled to the benefit of an easement created by an instrument listed in column 2 of Schedule 2 or by the registered proprietor or owner of an estate in fee simple (as the case requires) in the land burdened by the easement, the Registrar of Titles must make any amendments to the Register kept under the Transfer of Land Act 1958 that are necessary because of the operation of section 6A.
S. 6L(2) amended by 85/1998 s. 24(Sch item 68.2).
(2) On being requested to do so by a person for the time being entitled to the benefit of a statutory easement or statutory covenant or by the registered proprietor of land burdened by a statutory easement or statutory covenant, the Registrar of Titles must record in the Register under the Transfer of Land Act 1958 that the land is subject to an easement and covenant created by this Act or that the statutory easement or statutory covenant is varied, as the case requires, and must also make any other amendments to the Register that are necessary because of the operation of this Act.
(3) The request under subsection (2) must—
(a) specify the reference numbers given at the Central Plan Office to the plans, statements, instruments or agreements relevant to the request; and
S. 6L(3)(b) amended by 85/1998 s. 24(Sch item 68.3).
(b) in the case of land under the Transfer of Land Act 1958, specify the folios of the Register to which the request relates; and
(c) specify the amendments to the Register that the Registrar is requested to make.
(4) A recording in the Register authorised by this section may be made without the production of any relevant consent (including the consent of any caveator) or certificate of title and without requiring a plan of survey, or production of any other instrument, or the giving of any other notice.
S. 6L(5)(6) repealed by 85/1998 s. 24(Sch item 68.4).
S. 6M
inserted by No. 63/1994 s. 5.
6M Easement and covenant not breach of agreement
s. 6M
The extinguishment by this Act of an easement, right, privilege or covenant, the creation or variation by this Act of a statutory easement or statutory covenant, and the exercise of rights attaching to a statutory easement created by this Act do not constitute a breach of any agreement, arrangement or understanding existing immediately before the specified day in relation to an Order under section 6F between a person entitled to the benefit of the easement, right, privilege or covenant so extinguished or created and a person whose land is burdened by it.
S. 9
amended by No. 121/1986 s. 112, repealed by No. 63/1994 s. 6.
S. 10 amended by No. 18/1989 s. 13(Sch. 2 item 104
(a)–(c)), repealed by No. 63/1994 s. 6.
11 Power to open and break up streets etc. and temporarily stop traffic
(1) Subject to and for the purposes of this Act, the Company and all persons authorized by it may—
s. 11
(a) open and break up the soil and pavement of any public or private street road or bridge; and
(b) temporarily stop the traffic on any such street road or bridge.
(2) The Company shall not (except in cases of emergency) open or break up any street road or bridge or stop any traffic thereon without giving at least three days' notice in writing to the local authority or person having the control or management thereof.
(3) When the Company has opened or broken up any street road or bridge the Company shall—
(a) with all convenient speed and to the satisfaction of the local authority or person aforesaid restore the portion so opened or broken up to as good condition as before it was opened or broken up and remove all surplus material;
(b) cause the place where the street road or bridge is broken up to be fenced and to the properly lighted and guarded during the night so as to prevent accidents; and
(c) bear or pay all reasonable expenses of the repair of the street road or bridge for six months after the same is restored so far as those expenses have been increased by such opening or breaking up.
12 Company liable for damage
s. 12
In the exercise of the foregoing powers the Company shall do as little damage as may be and shall, if so required within two years from the exercise of such powers, make full compensation to the owner of and all parties interested in any land for any damage sustained by them in consequence of the exercise of such powers, and such compensation shall be either a gross sum or a yearly rent as may be agreed, and in default of agreement shall be determined in manner provided in the Lands Compensation Act 1958.
13 Public statutory corporations to co-operate with the Company
Where any public statutory corporation has power to construct pipelines water mains gas mains or other similar structures and to purchase or compulsorily acquire land for that purpose any such corporation may, with the consent of the Governor in Council, enter into an agreement with the Company which provides for the co-operation between the public statutory corporation and the Company in the construction of pipelines water mains gas mains or other similar structures required for their respective purposes and the parties to any such agreement are hereby authorized to do all things necessary or expedient or to carry out any such agreement.
14 Crown not liable to make compensation
Except where otherwise expressly provided no public statutory corporation and no person or body of persons corporate or unincorporate shall be entitled to receive or shall receive from the Crown any money or compensation or consideration in respect of or in any manner arising out of the passing or operation of this Act or any act matter or thing done thereunder.
S. 15
inserted by No. 63/1994 s. 7.
15 No compensation payable in certain circumstances
s. 14
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.
S. 16
inserted by No. 63/1994 s. 7.
16 Supreme Court—Limitation of jurisdiction
It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court entertaining actions for compensation in circumstances in which no compensation is payable by virtue of section 15.
Part 2—Land Registered Under Part 1 of the Property Law Act 1958
Item
Column 1 Burdened Land (Volume Folio)
Column 2 Instrument No.
1.
M572 B663
M199 B689
2.
M289 B479
M359 B690
Sch. 3 inserted by No. 63/1994 s. 8.
SCHEDULE 3
Freehold land to be burdened by the statutory easement
Folios of the Register under the Transfer of Land Act 1958
Sch. 3
Volume 2008 Folio 446
Volume 1983 Folio 597
Volume 1974 Folio 744
Volume 9886 Folio 448
Volume 9886 Folio 446
Volume 9655 Folio 387
Volume 6889 Folio 759
Volume 9645 Folio 772
Volume 9655 Folio 388
Volume 9655 Folio 387
Volume 6350 Folio 915
ENDNOTES
General Information
Endnotes
The Westernport (Oil Refinery) Act 1963 was assented to on 28 May 1963 and came into operation on 12 June 1963: Government Gazette 12 June 1963 page 1789.
The title of this Act was changed from the Westernport (Oil Refinery) Act 1963 to the Westernport (Crib Point Terminal) Act 1963 by section 11(1) of the Westernport (Crib Point Terminal) Act 1994, No. 63/1994.
Table of Amendments
Endnotes
This Version incorporates amendments made to the Westernport (Crib Point Terminal) Act 1963 by Acts and subordinate instruments.
S. 1(1): Section 11(2) of the Western (Crib Point Terminal) Act 1994, No. 63/1994 reads as follows:
(2) In an Act, a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984, or any document whatever, a reference to the Principal Act by its old name is, in relation to any period occurring on or after the commencement of this section and unless inconsistent with the context or subject matter, deemed to be a reference to the Principal Act by its new name. ↑
S. 4: Section 10 of the Westernport (Crib Point Terminal) Act 1994,
No. 63/1994 reads as follows:
10 Transitional provisions
(1) In this section—
listed agreement means—
(a) the agreement a copy of which is set out in the Schedule to the Principal Act as in force immediately before the commencement of this section; or
(b) the agreement a copy of which is set out in the Schedule to the Westernport (Oil Refinery) (Further Agreement) Act 1985 as in force immediately before the commencement of this section; or
(c) any of the following agreements made under clause 6(f) of the agreement referred to in paragraph (a)—
(i) the agreement made on 24 June 1963 between BP Refinery (Westernport) Pty. Ltd. and the then Premier of Victoria;
(ii) the agreement made on 22 December 1965 between BP Refinery (Westernport) Pty. Ltd. and the then Premier of Victoria;
(iii) the agreement made on 4 March 1982 between BP Refinery (Westernport) Pty. Ltd. and the then Premier of Victoria.
(2) On and from the commencement of this section a listed agreement, and any rights or obligations under it, cease to have effect.
(3) Subsection (2) does not—
(a) affect the previous operation of a listed agreement; or
(b) affect a proprietary interest, right or liability acquired or accrued or incurred under a listed agreement before the commencement of this section; or
(c) affect any waiver of any obligation under a listed agreement; or
(d) revive the requirement under another Act to obtain consent, approval or authority for anything done under a listed agreement, if by virtue of the Principal Act as in force immediately before the commencement of this section or a listed agreement it was not necessary to obtain that consent, approval or authority at the time when the act was done.
(4) Subsection (3) does not limit the operation of sections 4 to 6 and 6F of the Principal Act as amended by this Act.
(5) Despite its repeal section 7 of the Principal Act continues to apply to an easement for sewage and drainage purposes created under that section over Crown land and existing immediately before the commencement of this section. ↑