British Imperial Oil Company, Limited (Private) Act 1925

Subject to the provisions and within the limits of this Act, the company may —

erect, construct, lay down, establish, and fix all necessary works, and do and perform all such other acts and things as may be thought necessary for storing, supplying, and distributing oil, liquid fuel, petroleum spirits, kerosene and petroleum products in or under any street, or in or under any Crown lands, or in or under any railway or wharf;

open, break up, and interfere with any Crown lands, street, railway, or wharf, and any sewer, water pipe, drain, or tunnel within or under any Crown lands, street, railway, or wharf, and may lay down and place in, on, or under any Crown lands, street, railway, or wharf, mains, conduits, service pipes, and other works for the supply and distribution of oil, liquid fuel, petroleum spirits, kerosene and petroleum products, and also may from time to time repair, alter, or remove the same, and for the purposes aforesaid may remove or use all earth and material in or under such Crown lands, street, railway, or wharf;

Provided that the power to open, break up, or interfere with any Crown lands, railway or wharf shall not be exercised without the consent of the Minister ⁵ administering the Land Acts or the Government Railways Act 1904, or the Port Authorities Act 1999, respectively, subject to such conditions as the Minister ⁵ may deem expedient:

Provided, also, that all plans and specifications for the construction of the necessary works for storing and supplying or distributing in or under any street shall first be submitted to and approved of by the Minister for Works ⁶.

[Section 4 amended: No. 5 of 1999 s. 21.]

5. Notice to be served and plan deposited before breaking up streets, etc.

Before the company proceeds to open, break up, or interfere with any Crown lands, street, railway, or wharf, sewer, water pipe, drain, or tunnel it shall give to the Minister or to the local authority concerned notice in writing of its intention so to do not less than 3 clear days before commencing such work, and shall at the same time deposit with the Minister or local authority a plan setting forth the extent to, and the manner in which, it proposes to carry out such work, and the time at which it is intended to commence the same, and (except as hereinafter provided) no Crown lands, street, railway, or wharf, sewer, water pipe, drain, or tunnel shall be opened, broken up, or interfered with unless under the superintendence of the Minister or local authority, and in accordance with the plan deposited as aforesaid:

Provided always that 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 with any street, railway, or wharf, sewer, water pipe, drain, or tunnel, the company may perform the work specified in such notice and set out in such plan without such superintendence:

Provided, further, that in cases of emergency arising from accidents to or defects in the works necessitating the opening, breaking up of or interference with any street, railway, or wharf, sewer, water pipe, drain, or tunnel, such accidents or defects may be repaired without previous notice and without the deposit of any plan, but such notice shall be given and such plan shall be deposited as soon as possible after the commencement of the work or the necessity for the same has arisen.