Version No. 001
Western Port (Steel Works) Act 1970
Act No. 7950/1970
Version incorporating amendments as at 17 August 2001
table of provisions
Section Page
ii
Section Page
1. Short title and commencement 2
2. Definition 2
3. Ratification of Agreement 2
4. Grant of lease easement licence or other authority 3
4A. Variation of Agreement 4
5. Amendment of Marine Act 1958 6
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THE SCHEDULE 7
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ENDNOTES 25
1. General Information 25
2. Table of Amendments 26
3. Explanatory Details 27
ii
Version No. 001
Western Port (Steel Works) Act 1970
Act No. 7950/1970
Version incorporating amendments as at 17 August 2001
An Act to ratify approve and otherwise give effect to an Agreement between the Premier for and on behalf of the State of Victoria and John Lysaght (Australia) Limited with respect to the Establishment in Western Port of Steel Works for the Production of Iron and Steel and other Products, to authorize the Construction of certain Port Facilities, to make Provision with respect to the Reclamation of certain Land and for other purposes.
1
Act No. 7950/1970
Western Port (Steel Works) Act 1970
Preamble
WHEREAS John Lysaght (Australia) Limited a Company incorporated in the State of New South Wales and registered as a foreign company in the State of Victoria desires to establish an integrated steel works on certain lands at Western Port:
AND WHEREAS the operation of the steel works requires the establishment of adequate port facilities in Western Port:
AND WHEREAS an Agreement to facilitate the establishment of the steel works and port facilities has been entered into between the Premier of the State of Victoria and John Lysaght (Australia) Limited:
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 Agreement and to make other provisions 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 and commencement
s. 1
(1) This Act may be cited as the Western Port (Steel Works) Act 1970.
(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.
2. Definition
(1) In this Act unless inconsistent with the context or subject-matter—
S. 2(1)(a) amended by No. 82/1995 s.199.
(a) "the Agreement" means the Agreement a copy of which is set out in the Schedule and includes the Agreement as varied from time to time; and
(b) expressions used in this Act have the meanings respectively assigned to them in the Agreement.
(2) This Act shall bind the Crown.
3. Ratification of Agreement
(1) The Agreement is hereby ratified validated approved and given effect.
(2) The following provisions of this sub-section shall be read as in aid of and not in derogation from the provisions of sub-section (1)—
(a) the Premier and Ministers of the State of Victoria and all public statutory corporations and all officers concerned are hereby empowered to carry out the Agreement and to enter into such agreements and to give such approvals as are provided for by the Agreement;
(b) the Agreement shall take effect notwithstanding anything in any other Act or in any proclamation regulation Order in Council by-law lease licence authority permit or agreement under any other Act and every Act proclamation regulation Order in Council by-law lease licence 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 the Agreement but not further or otherwise and shall be read and construed and take effect accordingly;
(c) the provisions of the Agreement relating to the revocation of part of the temporary reservation of land for public purposes referred to in paragraph (j) of sub-clause (1) of clause 5 of the Agreement shall by force of this Act and without further authority take effect.
4. Grant of lease easement licence or other authority
Notwithstanding anything to the contrary in any other Act lease licence proclamation reservation declaration or dedication of or with respect to any unalienated land of the Crown 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 to develop the Reclamation Area or any land owned by the Company in the vicinity of the Reclamation Area.
s. 4
S. 4A
inserted by No. 82/1995 s.200.
4A. Variation of Agreement
(1) The Agreement may be varied by agreement between the Premier of Victoria and the Company with the approval of the Governor in Council by Order in Council containing particulars of the variation published in the Government Gazette.
s. 4A
(2) Unless and until each House of Parliament passes a resolution in accordance with sub-section (6) disallowing an Order in Council varying the Agreement, the provisions of the agreement making the variation shall have the force of law on and after the date on which the order was published in the Government Gazette as though the provisions of the agreement were expressly enacted in this Act.
(3) An Order in Council made under sub-section (1) must, on publication in the Government Gazette, be judicially noticed and that publication is conclusive evidence of the variation to the Agreement set out in the Order.
(4) A copy of each Order in Council made under sub-section (1) must be laid before both Houses of Parliament on or before the sixth sitting day after the publication of the Order in the Government Gazette.
(5) An Order in Council made under sub-section (1) is disallowed if each House of Parliament passes a resolution in accordance with sub-section (6).
(6) A resolution to disallow an Order in Council made under sub-section (1) is passed in accordance with this sub-section if—
(a) notice of the resolution is given in each House of the Parliament on or before the 18th day on which that House sits after the Order in Council is laid before that House; and
(b) the resolution is passed on or before the 12th day on which that House sits after the notice of resolution has been given in that House.
(7) The power of each House to pass a resolution disallowing an Order in Council under this section is not affected by the prorogation or dissolution of the Parliament or of either House of the Parliament or of either House of the Parliament and, if there is such a prorogation or dissolution, the calculation of days on which a House has sat must be made as if there had been no such prorogation or dissolution.
s. 4A
(8) Notice of a resolution to disallow an Order in Council may be expressed to apply to all or any part of the particulars of the variation contained in the Order in Council and a resolution to disallow all or any part of those particulars shall take effect according to its tenor.
(9) If a resolution is passed disallowing part only of the particulars of the variation contained in an Order in Council, the particulars not disallowed shall be of no effect unless and until each of the Premier of Victoria and the Company gives notice to the other expressing an intention to be bound by the particulars not disallowed, or by part of those particulars, and, if notice is so given, the particulars, or part of the particulars, take effect accordingly.
(10) If an Order in Council is disallowed by Parliament in accordance with sub-section (6), the disallowance has the like effect to the repeal of an enactment.
(11) This section is in addition to and not in derogation from the power conferred by the Agreement for the Premier of Victoria and the Company to enter agreements and arrangements for better giving effect to the provisions of the Agreement.
5. Amendment of Marine Act 1958
In section 7 of the Marine Act 1958 for the words "all public wharfs" there shall be substituted the words "all public and private wharfs".
s. 5
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THE SCHEDULE
THIS AGREEMENT is made the 19th day of December One Thousand Nine Hundred and Sixty-nine BETWEEN The Honourable Sir HENRY EDWARD BOLTE in his capacity as the Premier for the time being of the State of Victoria and for and on behalf of the said State of the one part and JOHN LYSAGHT (AUSTRALIA) LIMITED a Company incorporated under the Companies Act of the State of New South Wales, the registered office of which in the State of Victoria is situate at 70 Clarendon Street, South Melbourne (hereinafter called "the Company") of the other part.
Sch.
WHEREAS:
I. The Company desires to establish on the western shore of Western Port a plant for the production of steel products and to be able to expand the size and scope of operations at the Plant Site to include integrated steel works for the production of iron and steel and other products.
II. The State, for the purpose of furthering and promoting industrial development within the State and of encouraging the decentralization of industry within the State, desires to facilitate the establishment of the Plant.
III. To accomplish the respective desires of the parties to this Agreement, it is necessary that certain grants rights and powers essential to the establishment and operation of the Plant be made and conferred on the Company.
IV. The parties have entered into this Agreement to make and confer the said grants rights and powers and to provide for other matters.
NOW IT IS HEREBY AGREED as follows:
PART I—PRELIMINARY
1. This Agreement shall be of no force or effect unless it is ratified validated approved and otherwise given effect by an Act of the Parliament of Victoria on or before 31st March, 1970, or such later date as is agreed between the parties to this Agreement.
2. In this Agreement unless inconsistent with the context or subject-matter—
"Associated Companies" means subsidiary companies of the Company, The Broken Hill Proprietary Company Limited and its subsidiary companies and Guest, Keen and Nettlefolds Limited and its subsidiary companies;
"the Act" means the Act of the Parliament of Victoria ratifying validating approving and otherwise giving effect to this Agreement;
"Chief Engineer" means the Chief Engineer of Ports and Harbors for the State of Victoria, or a person authorized by him in writing to act for him either generally or in relation to any particular matter under this Agreement;
"clause" means clause of this Agreement;
"commencing date" means the date on which the Act comes into operation;
"commissioning date" means the date on which goods or materials in respect of which charges would be payable under clause 6 are first received or dispatched over a wharf;
Sch.
"Company" means John Lysaght (Australia) Limited;
"foreshore" means so much of the land temporarily reserved for public purposes by Orders in Council dated 12th July, 1937 and 14th August, 1963 and published in the Government Gazette on 21st July, 1937 and 21st August, 1963 respectively as is within the Reclamation Area;
"Minister" means the Minister of Public Works;
"the Plant" means the facilities constructed or to be constructed in accordance with the provisions of this Agreement on the Plant Site and all additions and alterations to those facilities;
"Plant Site" means—
(a) lands within the area described in the First Schedule to this Agreement which at the date of this Agreement are owned by the Company or by a subsidiary of the Company;
(b) any other lands owned by the Company or by a subsidiary of the Company being lands within that area or not further than half a mile from the nearest boundary of that area which the Company acquires after the date of this Agreement and which the Company has by notice in writing to the Minister declared to be part of the Plant Site; and
(c) the Reclamation Area;
"Reclamation Area" means the area described in the Second Schedule to this Agreement;
"the State" means the State of Victoria;
"wharf" means—
(a) except in clause 7 of this Agreement, a wharf jetty landing place or berth constructed or to be constructed by the Company under this Agreement and additions or alterations to it and a wharf jetty landing place or berth acquired by the company under clause 7; and
(b) in clause 7 of this Agreement, a wharf jetty landing place or berth constructed by the State under that clause.
3. The headings do not affect the interpretation of this Agreement.
Sch.
PART II—OBLIGATIONS OF THE COMPANY
4. The Company covenants that it will—
(a) complete as soon as possible and in any event not later than 31st December, 1973 the construction of a part of the Plant comprising a cold reduction mill and associated facilities for the production of galvanized and uncoated steel sheet and coil in a variety of qualities and sizes and having a planned initial capacity of not less than 500,000 tons per year;
(b) complete the construction of a part of the Plant comprising a hot strip mill not later than 31st December, 1980, or such other date as is agreed between the parties to this Agreement;
(c) in connexion with the construction maintenance operation and use of the Plant reclaim or complete the reclamation of the Reclamation Area at its own cost and in a manner approved by the Minister and in accordance with plans and specifications approved by him and also in accordance with the law relating to the control of pollution and the preservation of marine life for the time being in force;
(d) construct operate and maintain the Plant in accordance with good industry practices, standards and specifications and in accordance with the law for the time being in force;
(e) maintain the wharves in accordance with good industry practices standards and specifications and in accordance with the law for the time being in force to the satisfaction of the Chief Engineer; and