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==Background==
In 1963, [[BP]] reached an agreement with the [[Government of Victoria]] for the establishment of the [[Westernport Refinery]] and construction of port facilities at [[Crib Point]], in [[Western Port]], [[Victoria, Australia|Victoria]] ("the Refinery Agreement").<ref>[http://www.austlii.edu.au/au/legis/vic/hist_act/wra1963308/ ''Westernport (Oil Refinery) Act'' 1963] (Vic).</ref> The [[Parliament of Victoria]], on the same day it ratified the Refinery Agreement, amended the ''Local Government Act'' 1958 to allow local councils to agree on the rates payable for industrial land.<ref>[http://www.austlii.edu.au/au/legis/vic/hist_act/lgia1963423/ ''Local Government (Decentralized Industries) Act'' 1963] (Vic), inserting section 390A.</ref> In 1964 the [[Shire of Hastings]] and BP entered into a Rating Agreement, which set out the rates payable for the following 40 years, and was approved by the Governor ("the Rating Agreement").<ref>{{cite web |url=http://www.austlii.edu.au/au/other/vic_gazette/1964/48/1964_1837 |title=Victorian Government Gazette No 48, 3 June 1964 |page=1837}}</ref>{{dead link|date=August 2023}}
BP decided to restructure its Australian operations and on 15 December 1969 wrote to the Shire of Hastings stating "I hope I may assume that there will be no difficulty over transferring" the rights and privileges including the Rating Agreement to BP Australia Ltd.<ref name="UKPC"/> That the Rating Agreement would transfer was apparently so obvious to BP that it did not wait to hear the position of the Shire of Hastings before transferring the assets to BP Australia Ltd. Under the Rating Agreement the rates would have been $50,000 however the Shire of Hastings said the Rating Agreement no longer applied and assessed the rates in excess of $150,000.<ref>[https://trove.nla.gov.au/newspaper/article/110857272 BP wins rate appeal to Privy Council] ''[[Canberra Times]]'' 29 July 1977 page 3</ref>
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