Western Australian Current Acts

THE COMMONWEALTH OIL REFINERIES, LIMITED (PRIVATE), ACT 1940 - SECT 5

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, wharf, sewer, water pipe, drain, or tunnel, it shall give to the Minister for Works ⁹ and/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, 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, 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, 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.