Western Australian Current Acts

SOUTH FREMANTLE OIL INSTALLATIONS PIPE LINE ACT 1948 - SECT 4

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

        (1)         Before the operator proceeds to open, break up or interfere with any road, street, bridge, railway, wharf, or reserve it shall give to the Minister and to the local authority concerned, notice in writing of its intention so to do not less than three clear days before commencing such work and shall at the same time deposit with the Minister and 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 road, street, bridge, railway, wharf or reserve shall be opened, broken up or interfered with unless under the superintendence of the Minister and the local authority and in accordance with the plan deposited as aforesaid:

                Provided always that if no officer appointed by the Minister or no officer appointed by the local authority attends at the time fixed in such notice and remains during the opening, breaking up, or interference with any road, street, bridge, jetty, railway, wharf or reserve, the operator may, subject to the proviso to paragraph (b) of section three of this Act, perform the work specified in such notice and set out in such plan without the superintendence of the Minister and the local authority, or either of them, as the case may be:

                Provided further that in cases of emergency arising from accidents to or defects in the pipe line necessitating the opening, breaking up of, or interference with, any road, street, bridge, railway, wharf or reserve, such accidents or defects may be repaired or remedied 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 necessity for the work has arisen.

        (2)         The operator shall pay to the Minister and to the local authority, the costs respectively incurred by or occasioned to them in respect of any examination or preparation of plans or of the superintendence or inspection of any work performed by the operator under this Act.