Westernport (Crib Point Terminal) Act 1963

This Act may be cited as the Westernport (Crib Point Terminal) Act 1963^[1].

This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

In this Act—

constructed in accordance with section 6; and

which the company has a permit to own and use and a licence to operate under the Pipelines Act 1967;

petroleum feedstock; and

products obtained from petroleum; and

a mixture of petroleum or a petroleum product with another substance;

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.

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.

to assist the development and operation of a terminal at Crib Point to receive, store and distribute petroleum, whether by pipeline or otherwise;

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.

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.

Subsection (1) does not—

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

transfer any property or right in the authorised pipeline to the Port of Melbourne Authority.

In subsection (1) land includes improvements (including port facilities) on land.

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.

Subsection (1) does not affect any property or right in the authorised pipeline existing immediately before the commencement of this section.

The Pipelines Act 1967 applies and, since its commencement, is deemed always to have applied to the authorised pipeline.

The authorised pipeline is not part of the land through which it runs, and is personal property.

On the commencement of this section a reference in an instrument listed in column 2 of an item in Schedule 2—

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

to any agreement pursuant to the Westernport (Oil Refinery) Act 1963 is deemed to be omitted from the instrument; and

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.

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.

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.

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.

Plans LEGL–94/4, referred to in Schedule 1, show in detail the route of the authorised pipeline.

On the plans referred to in subsection (2) Crown land that is part of or adjoins the route of the authorised pipeline and—

is vested in the Public Transport Corporation, is coloured red; or

is reserved under the Crown Land (Reserves) Act 1978, is coloured blue; or

is a road, is coloured brown; or

is land not referred to in paragraphs (a) to (c), is coloured yellow.

The Company may prepare a written statement specifying—

the rights to be given to the person for the time being entitled to the benefit of a statutory easement; and

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

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

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

that a statutory easement and statutory covenant for the purposes of the authorised pipeline is to be created over—

the land referred to in section 6B(3); and

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

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.

The statement—

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

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

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

must state that the statutory easements and covenants are for the benefit of the land in folio of the Register Volume 8519 Folio 769.

The Company must lodge a copy of the statement—

with the Minister; and

at the Central Plan Office.

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.

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.

A substitute plan referred to in subsection (1)—

may only be prepared at the request of and in consultation with the Company; and

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.

Without delay after signing a substitute plan the Surveyor-General must—

lodge the plan at the Central Plan Office; and

lodge a copy of the plan with the Minister.

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.