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Georgii Quinti Regis VICTORIA. ANNO QUINTO GEORGII QUINTI REGIS. ************************************************************* No. 2561. An Act to provide for the Cleaning Out and Beclamation of the Bendigo Creek and for other purposes. [2nd November, 1914.] E it enacted by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative BAssembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say) :— Short title. 1. This Act may be cited as the Bendigo Greek Act 1914. 2. In this Act unless inconsistent with the context or subject- interpretation. m jitter— "Municipalities" means the corporations of the city of Bendigo, " Municipalities." the borough of Eaglchawk, the shire of Iiuntly, the shire of Marong, and the shire of Strathfieldsaye. "Trust" means the Bendigo Creek Trust constituted under this " Tr»8t-" Act. 3 (1) The Governor in Council may for the purposes of this ^^ Act by Order published in the Government Gazette constitute a trust to be called the Bendigo Creek Trust which shall consist of five members each of whom shall be a member of and be appointed by the council of one of the municipalities and of a sixth member who shall be a public officer and be appointed by the Governor in Council. (2) The 9JO 15083. [6(1.] *** [No. 25G1. 5 GEO. V.] Bendigo Creek, (2) The Trust shall be a body corporate and shall have perpetual succession and a common seal and'shall be capable in law of suing and being sued and may purchase sell lease exchange and hold lands tenements and hereditaments (including easements) goods chattels and other property subject to and for the purposes only of this Act. Appointment of 4. (1) The council of each of the municipalities shall before the members. expiration of two months from the commencement of this Act and thereafter before or on the corresponding date in each succeeding period of three years appoint one of its members to be a member of the Trust. Term of office. (2) (a) Each of the members so appointed shall be entitled to hold office for a period of three years and shall be eligible for re-appointment. (/>) For the purposes of this sub-section the first and each succeeding period of three years shall be reckoned as and from the date of the first meeting of the Trust and the corresponding date in each such period thereafter. Vacancies. (3) If the office of any such member becomes vacant by reason of such member ceasing to be a councillor his death or permanent incapacity or his resignation the council of the municipality represented by him liiay appoint one of its members to serve in his stead for the balance of Ins term of office. (4) The Governor in Council may from time to time appoint some person to be a member of the Trust for such term as he thinks fit. (5) Where from any cause any member of the Trust is not appointed the Governor in Council may appoint some person to be a member of the Trust and such person shall hold office as if he had been appointed by the council of a municipality hereunder. Meetings &c. 5. (1) The members of the Trust or the major part of them shall hold their first meeting at such time and place as the Governor in Council bv notice published in the Government Gazette appoints ; and thereupon the Trust shall be deemed to be duly incorporated under this Act. (2) Thereafter the members may meet for the despatch of business adjourn and otherwise regulate their meetings as they think fit. (3) (a) The member appointed by the council of the City of Bendiffo shall be the chairinau of the Trust and shall preside at its meetings. (b) In'his absence the members present at any meeting may choose one of their number to be the chairman of the meeting. (4) Any 250 5 GEO. V.] Bendigo Creeh. [No 2561. (4) Any three members of the Trust shall form a quorum for the transaction of business ; and no husiness shall he transacted except at a meeting at which a quorum is present. (5) (,/) Questions arising at any meeting shall he decided by a majority of votes. (//) In case of an equality of votes the chairman of the meeting shall have a second or casting vote. (6) No act or proceeding of the Trust shall be invalidated or be illegal in consequence only of there being any vacancy in the number of members of the Trust or in consequence only of its being afterwards discovered that there was any want of qualification of or defect in the appointment of any person who has acted as a member. 6. (1) The Trust shall cause all such works to he carried out Purposes of Trust. and all such things to be done as appear to it necessary or expedient for the purpose of cleaning out and reclaiming that part of the Bendigo Creek which is within the area, defined in the First Schedule to this First Schedule. Act and of restoring the bed thereof and of preventing any injury by the said creek to any adjacent land and of maintaining any such works. (2) The Trust may do all things necessary or incidental for the attainment of such purpose and in particular may— (a) enter into contracts and agreements ; (b) employ such servants or agents as it requires and remove any such servant or agent; and (c) enter into and undertake such obligations for the repayment of any advance made by the Governor in Council as the Governor in Council requires. [,'ontribution anil 7 (1) For the purposes of this Act the Governor in Council out loan from the of any moneys to he appropriated by Parliament for the purpose may Consolidated Revenue. by Order subject to such terms and conditions as he thinks fit— <»rant to the Trust the sum of Five thousand pounds, and also 1V ,, T advance to the Trust the further sum of Five thousand pounds; ,. and such further sum so advanced shall he repaid to the Treasurer of Victoria in the manner hereinafter provided together with interest thereon at the rate of four per centum per annum on the amount at any time advanced. Payment by Trust (2) After the last instalment of such further advance of Five on account of thousand pounds has been paid to the Trust the Trust shall on further advance. the first day of November and the first day of May m each year until the whole of such further advance and such interest thereon is repaid pay to the Treasurer of Victoria the sum of One hundred and fifty pounds. m ^ Eyery 251 [No. 2561. 5 GEO. V.] Bendigo Creel. Application by (3) Every sucli half-yearly payment may he applied by the Treasurer of half- Treasurer of Victoria for interest at a rate not exceeding four per yearly payments. centum per annum on the balance of principal outstanding from time to time ; and the difference between the amount of such half-yearly payment and the amount applied for interest shall he applied in reduction of principal. 8. (1) In case default is made hy the Trust in making any pay­ Provision where dofault is made by ment (whether in respect of principal or interest) on account of such the Trust. further advance granted hv the Governor in Council the Under- Treasurer shall give notice thereof to the said Treasurer and thereupon without prejudice to any other remedies the said Treasurer may at any time after the expiration of three months from the date at which such payment became due give one month's notice in writing of the default to the Trust. Powers of Board of (2) At the expiration of such month unless payment thereof is Land and Works. made in the meantime the Board of Land and Works may enter upon and take possession of and manage and maintain the property of the Trust and without further or other warrant than this Act may do all things which might lawfully he done hy the Trust in all respects as though it were the Trust ; and any reference in this Act applicable to the Trust shall equally apply to the said Board during such time as it retains possession of such property. Receiver appointed (3) The said Board may appoint some person on its behalf to enter by the Board. upon and take possession of the property of the Trust; and thereupon the person so appointed shall subject to the said Board manage and maintain the same and in reference thereto may exercise all the powers rights duties and functions of the Trust as provided in this Act. Power to remove (4) The said Board may at any time remove any person appointed receiver. as aforesaid and appoint any other person in his place. Power to relinquish (5) Possession of any property which may be taken by the said possession of Board under this Act may he relinquished at such time and in such property taken. manner and upon such terms and conditions as the said Board thinks fit. (6) The said Board may if it thinks lit on the relinquishment of possession reserve any of the said property powers rights duties and functions with a view to the payment of any moneys remaining or accruing due from or on account of the Trust. (7) Upon such relinquishment all powers rights duties and functions which on the taking possession have become vested in the said Board shall so far as they are not reserved revert to and become vested in the Trust as if possession had not been taken.
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