Version No. 001
Shell (Corio to Williamstown) Pipelines Act
1964
Act No. 7236/1964
Version incorporating amendments as at 21 February 2001
TABLE OF PROVISIONS
Section
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Short title
Definitions
Act to bind Crown
Act to take effect
Power to Company to construct and operate pipeline
Power to Governor in Council to grant easements etc. over
Crown lands for pipeline
Power to public statutory corporations to grant easements etc.
Power of Company to acquire land
Easements taken by the Company over lands held by Crown
licensee or lessees
Power to open and break up streets etc.
Company to be liable for damage done in the exercise of its
powers under this Act
Power to public statutory corporations to co-operate with the
Company in construction of pipelines
Crown not to be liable to make compensation
Company not to use pipeline except as provided for in this Act
or the Gas Regulation Act 1958
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ENDNOTES
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1. General Information
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2. Table of Amendments
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3. Explanatory Details
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i
Version No. 001
Shell (Corio to Williamstown) Pipelines Act
1964
Act No. 7236/1964
Version incorporating amendments as at 21 February 2001
An Act to authorize and facilitate the Construction and
Operation of a Pipeline for the Transportation of Petroleum and
Petroleum Products from or to the Refinery of Shell Refining
(Australia) Proprietary Limited at Corio and for other purposes.
Preamble
WHEREAS Shell Refining (Australia) Proprietary
Limited a company incorporated in the State of
Victoria owns and operates an oil refinery in the
Shire of Corio:
AND WHEREAS The Shell Company of Australia
Limited a company incorporated in the State of
Victoria owns and operates an oil storage and
manufacturing installation in the City of
Williamstown:
AND WHEREAS it is expedient for the Company
as hereinafter defined to make provision from time
to time for the transport of petroleum and
petroleum products by means of a pipeline
between the said refinery and the said installation:
AND WHEREAS it is expedient in the public
interest to authorize approve and otherwise
facilitate the construction and operation of the said
pipeline:
1
Shell (Corio to Williamstown) Pipelines Act 1964
s. 1
Act No. 7236/1964
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
This Act may be cited as the Shell (Corio to
Williamstown) Pipelines Act 1964.
2. Definitions
In this Act unless inconsistent with the context or
subject-matter—
"pipeline" means a system of pipes for conveying
petroleum or petroleum products and all
ancillary equipment and works connected
therewith including without limiting the
generality thereof supporting structures
electric cables and anti-corrosion devices;
"public statutory corporation" means any body
corporate established by or pursuant to any
Act for any public purpose and without
affecting the generality of the foregoing
includes a municipality;
S. 2 def. of
"Company"
amended by
No. 9699
s. 23(Sch. 2).
"Company" means Shell Refining (Australia)
Proprietary Limited and any other company
which is by virtue of section 7(5) of the
Companies (Victoria) Code deemed to be
related to Shell Refining (Australia)
Proprietary Limited.
3. Act to bind Crown
This Act shall bind the Crown.
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Shell (Corio to Williamstown) Pipelines Act 1964
Act No. 7236/1964
s. 4
4. Act to take effect
This Act shall take effect notwithstanding
anything in any Act or in any proclamation
regulation Order in Council by-law lease licence
authority permit or agreement under any Act; and
every Act proclamation regulation Order in
Council by-law lease licence or authority permit
or agreement shall by virtue of this Act be deemed
to be modified to the extent necessary to give full
force and effect to this Act and shall be read and
construed and take effect accordingly.
5. Power to Company to construct and operate
pipeline
(1) The Company may subject to this Act construct a
pipeline between its oil refinery in the Shire of
Corio and its storage and manufacturing
installations in the City of Williamstown at a
depth of approximately three feet along the route
shown on the plan laid on the Table of the
Legislative Council of the Parliament of Victoria
on the ninth day of December One thousand nine
hundred and sixty-four.
(2) The Governor in Council may by Order published
in the Government Gazette authorize the laying of
the said pipeline with a deviation from the said
route or at a depth greater or less than three feet.
6. Power to Governor in Council to grant easements
etc. over Crown lands for pipeline
Notwithstanding anything to the contrary in any
Act or in any lease licence proclamation
reservation declaration or dedication of or with
respect to any unalienated Crown land the
Governor in Council may upon such conditions as
he thinks fit grant to the Company any lease
easement licence or other authority necessary or
expedient to enable the Company—
3
S. 5(2)
amended by
No. 7332
s. 2(Sch. 1
item 149).
Shell (Corio to Williamstown) Pipelines Act 1964
s. 7
Act No. 7236/1964
(a) to construct the pipeline authorized by this
Act through or over any Crown land; and
(b) to operate inspect maintain and repair any
part of the pipeline.
7. Power to public statutory corporations to grant
easements etc.
Notwithstanding anything to the contrary in any
Act any public statutory corporation may, upon
such conditions as are agreed upon by the said
public statutory corporation and the Company,
and shall, if the Governor in Council so
determines, grant to the Company any lease
easement licence or other authority of the kind
referred to in the last preceding section of or
over—
(a) any land vested in the said public statutory
corporation; or
(b) any land under the care and management of
the said public statutory corporation—
necessary or expedient to enable the Company to
construct any part of the authorized pipeline
through or over any such land and to operate
inspect maintain and repair any part of the
pipeline.
8. Power of Company to acquire land
(1) The Company may take compulsorily any
easement over any private land which is required
for the purposes of the construction operation
inspection maintenance and repair of the pipeline
authorized by this Act or any part thereof.
S. 8(2)
amended by
No. 7332
s. 2(Sch. 1
item 150).
(2) The Lands Compensation Act 1958 is hereby
incorporated with and shall be read and construed
as one with this Act; and in the construction of
that Act for the purposes of this Act unless
inconsistent with the context or subject-matter—
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Shell (Corio to Williamstown) Pipelines Act 1964
Act No. 7236/1964
s. 9
"Minister of Lands" or "Minister" means the
Company;
"Lands" means any easement;
"Special Act" means the Shell (Corio to
Williamstown) Pipelines Act 1964; and
"the works" or "the undertaking" means any
authorized pipeline.
9. Easements taken by the Company over lands held
by Crown licensee or lessees
(1) Where any easement taken by the Company for
any of the purposes of this Act is an easement
over land held or occupied by any licensee or
lessee of the Crown a description of the easement
and a notification that the same has been so taken
shall be forwarded forthwith by the Company to
the Director-General of Conservation, Forests and
Lands.
S. 9(1)
amended by
No. 18/1989
s. 13(Sch. 2
item 80(a)).
(2) Where any such easement is over land held or
occupied under licence the description and
notification shall be endorsed on the licence by
the Director-General of Conservation, Forests and
Lands; and such endorsement shall be recorded in
the Department of Property and Services and
thereupon the rights under the easement shall
become vested in the Company for the purposes
aforesaid.
S. 9(2)
amended by
No. 18/1989
s. 13(Sch. 2
item 80(a)(b)).
(3) Where any such easement is over land held or
occupied under lease the Director-General of
Conservation, Forests and Lands shall forthwith
forward to the Registrar of Titles the description
and notification aforesaid; and the Registrar of
Titles shall forthwith on the receipt thereof make a
recording of the easement on the relevant folio of
the Register and also, when produced to him for
the purpose, upon the duplicate of the Crown lease
or certificate of title; and upon the making of the
S. 9(3)
amended by
No. 18/1989
s. 13(Sch. 2
item 80(a)(c)).
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Shell (Corio to Williamstown) Pipelines Act 1964
s. 10
Act No. 7236/1964
recording in the Register the rights under the
easement shall become vested in the Company for
the purposes aforesaid.
(4) Whenever a Crown grant is issued to any person
of the land over which any such easement has
been taken the grant shall be made subject to the
easement.
10. Power to open and break up streets etc.
(1) Subject to and for the purposes of this Act the
Company and all persons authorized by it may—
(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 be
properly lighted and guarded during the
night so as to prevent accidents; and
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Shell (Corio to Williamstown) Pipelines Act 1964
Act No. 7236/1964
(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.
11. Company to be liable for damage done in the
exercise of its powers under this Act
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 a gross sum as may be
agreed and in default of agreement shall be
determined in manner provided in the Lands
Compensation Act 1958.
12. Power to public statutory corporations to co-operate
with the Company in construction of pipelines
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
to carry out any such agreement.
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s. 11
Shell (Corio to Williamstown) Pipelines Act 1964
s. 13
Act No. 7236/1964
13. Crown not to be 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.
14. Company not to use pipeline except as provided for
in this Act or the Gas Regulation Act 1958
Notwithstanding anything in this or in any other
Act the Company shall not use the pipeline
authorized to be constructed under this Act or
permit the said pipeline to be used for the carriage
of any gas whether natural or manufactured or
liquified petroleum gas in any form except to the
Company or to an undertaker to which the Gas
Regulation Act 1958 applies:
Provided that any such pipeline may be used for
the carriage of manufactured or liquified
petroleum gas for use other than as fuel.
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Shell (Corio to Williamstown) Pipelines Act 1964
Act No. 7236/1964
ENDNOTES
1. General Information
The Shell (Corio to Williamstown) Pipelines Act 1964 was assented to on
22 December 1964 and came into operation on 22 December 1964.
9
Endnotes
Shell (Corio to Williamstown) Pipelines Act 1964
Endnotes
Act No. 7236/1964
2. Table of Amendments
This Version incorporates amendments made to the Shell (Corio to
Williamstown) Pipelines Act 1964 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Statute Law Revision Act 1965, No. 7332/1965
Assent Date:
14.12.65
Commencement Date:
14.12.65: subject to s. 3
Current State:
All of Act in operation
Companies (Consequential Amendments) Act 1981, No. 9699/1981
Assent Date:
5.1.82
Commencement Date:
Ss 9, 14, 18 on 1.7.81: s. 2(2); s. 19 on 1.10.81: s. 2(3);
s. 22 on 5.1.82: s. 2(4); rest of Act on 1.7.82: s. 2(1)
Current State:
All of Act in operation
Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date:
16.5.89
Commencement Date:
3.2.92: Government Gazette 18.12.91 p. 3488
Current State:
All of Act in operation
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Shell (Corio to Williamstown) Pipelines Act 1964
Act No. 7236/1964
3. Explanatory Details
No entries at date of publication.
11
Endnotes