Corio to Newport Pipeline Act 1953 (Vic)

Version No. 001

Corio to Newport Pipeline Act 1953

Act No. 5743/1953

Version as at 1 November 1999

TABLE OF PROVISIONS

Section  Page

1.Short title

2.Definitions

3.Provision for leases etc. over Crown land

4.Provision for leases etc. over lands of public statutory corporations

5.Provision for extension of this Act to easements etc. for other works

6.No liability to attach to Crown

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Corio to Newport Pipeline Act 1953

Act No. 5743/1953

Version as at 1 November 1999

An Act to authorise the Granting to The Shell Company of Australia Limited of Leases Easements Licences or other Authorities for an Oil Pipeline over Crown Lands and Lands vested in or controlled by Public Statutory Corporations between Corio and Newport, and for other purposes.

Preamble

WHEREAS The Shell Company of Australia Limited, a company registered in Victoria as a company incorporated outside Victoria, is constructing an oil pipeline to connect its installations at Corio with its installations at Newport along a line extending from the said company's premises on the eastern side of the Corio railway station in a northerly direction to the Princes Highway, thence in a north-easterly direction along or in proximity to the Princes Highway to Werribee, thence in a north-easterly direction along or in proximity to the Geelong to Melbourne railway line or the Princes Highway to the Melbourne-road at or near Newport railway station, and thence in a northerly and easterly direction to the said company's premises at Hall and High streets, Newport:

AND WHEREAS the hereinbefore recited line traverses not only alienated lands but also unalienated Crown lands and lands vested in or under the care and management of certain corporations (hereinafter called "public statutory corporations") established by or pursuant to Acts of Parliament for various public purposes:

AND WHEREAS it is expedient that provision be made whereby the said company may be granted such leases easements licences or other authorities as may be necessary or expedient to enable the said pipeline to pass through or over the said lands:

AND WHEREAS it is expedient to make further provision with respect to the operation of the said installations at Corio as hereinafter provided:

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 Corio to Newport Pipeline Act 1953.

2.Definitions

In this Act—

"company" means The Shell Company of Australia Limited;

"pipeline" means the oil pipeline constructed or to be constructed along the line hereinbefore recited;

"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.

3.Provision for leases etc. over Crown land

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 terms and conditions as he thinks fit grant to the company any lease easement licence or other authority necessary or expedient to enable the company to construct any part of the pipeline through or over any Crown land and to operate inspect maintain and repair any such part of the pipeline.

4.Provision for leases etc. over lands of public statutory corporations

Notwithstanding anything to the contrary in any Act any public statutory corporation may, upon such terms and conditions as are agreed upon by the said public statutory corporation and the company, grant to the company any lease easement licence or other authority of or over—

(a)any land vested in the said public statutory corporation; or

(b)any land (other than Crown land reserved under the provisions of section fourteen of the Land Act 1928 or held under lease or licence from the Crown) under the care and management of the said public statutory corporation—

necessary or expedient to enable the company to construct any part of the pipeline through or over any such land and to operate inspect maintain and repair any such part of the pipeline.

5.Provision for extension of this Act to easements etc. for other works

(1)When plans for the treatment and disposal of effluent from the company's installations at Corio have been submitted by the company to the Minister and approved, on the recommendation of the Commission of Public Health, by Order of the Governor in Council published in the Government Gazette, the provisions of sections three and four of this Act shall extend and apply to the granting of leases easements licences and other authorities for the construction of works for the intake and outflow of water from and to Corio Bay to and from the said installations, but until the said publication no such lease easement licence or authority shall be granted to the company by any public statutory corporation.

(2)The discharge from the company's installations at Corio into Corio Bay of any water which is polluted by oil or oil wastes or otherwise offensive shall, without prejudice to any other proceedings which might be instituted thereon, be deemed a nuisance within the meaning of Part III of the Health Act 1928 and the Commission of Public Health shall have and may exercise in respect of any such nuisance all the powers duties and authorities conferred and imposed by that Part upon municipal councils and upon the Commission, and all the provisions of the Health Acts with respect to such nuisances or relating to or consequent upon proceedings therefor shall so far as applicable apply accordingly.

6.No liability to attach to Crown

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.

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ENDNOTES

1.     General Information

The Corio to Newport Pipeline Act 1953 was assented to on 15 December 1953 and came into operation on 15 December 1953.

2.     Table of Amendments

There are no amendments made to the Corio to Newport Pipeline Act 1953 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication.