VICTORIA.

ANNO QUINTO GEORGII QUINTI REGIS.

************************************************************* No. 2561. An Act to provide for the Cleaning Out and Beclamation of the 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 , " Municipalities." the borough of Eaglchawk, the shire of Iiuntly, the shire of Marong, and the . "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.

Power to retake (8) Every such relinquishment of possession of any such property possession after shall be without prejudice to the power of again taking possession relinquishment. thereof under this Act. 9. (1) When 252 5 GEO. V.] Bendigo Creek. [No. 2561. 5

9. (1) When the last payment of the aforesaid further advance of Contributions of the sum of Five thousand pounds has been made to the Trust by the »™»"cipaiities. Governor in Council under this Act each of the municipalities out of its municipal fund shall on the first day of October and the first day of April in each year after the date of such last payment pay to the Trust the sum set out opposite its name in the Second Schedule to this Act Second Schedule. until the whole of such further advance with interest thereon is repaid to the Treasurer of Victoria. (2) Each such sum shall be a debt payable on the due date Contributions to be thereof bv such municipality to the Trust and shall be recoverable bv ^"T^^MSifr0111 ° . -i .«•... . . *' Municipalities. the I rust from the municipality in any court of competent jurisdiction. 10. If in any year after the payments for that year under this Contribution by 0 0 n Act have been made by the Trust to the Treasurer of Victoria in r !"!-] !' L^Dnf respect of the said further advance and interest thereon the income of of working the Trust (including all contributions by municipalities paid or payable nStenanceof for that year) is not sufficient to provide for the maintenance of the works. works and the working expenses of the Trust for that year the Governor in Council out of any moneys to be appropriated by Parliament for the purpose may by Order subject to such terms and conditions as the Governor in Council thinks fit grant to the Trust any sum not exceeding One hundred and fifty pounds in any one year. 11. The Trust shall keep such books of account as are prescribed Accounts and audit. by regulations under this Act; and the accounts of the Trust shall be audited as so prescribed. 12. For the purposes of the Trust the Trust by its officers General powers of or servants or by any person thereunto authorized by the Trust may theTrust- subject to the provisions and restrictions herein contained and in accordance with plans approved by the Governor in Council exercise any of the following powers:— It may enter upon any lands described in such plans and make surveys and take levels and set out such parts thereof as it thinks necessary and make or set up any posts stakes trenches or other marks and do anv other acts or things whatsoever necessary for such surveys: It may purchase or take on lease or erect or construct any works buildings plant or machinery necessary to give effect to the plans approved by the Governor in Council; and may maintain and with the sanction of the Governor in Council alter or discontinue the same: It may purchase by agreement or (with the consent of the Governor in Council) compulsorily or may take on lease any land or any easement right or privilege in over or affecting any land and may enter upon any land for the construction or improvement of such works: It 253 [No. 2561. 5 GEO. V.] Bendigo Greek.

It mnv with the consent in writing of the State Rivers and Water Supply Commission divert or alter as well temporarily as'permanently any part of the course of any water-course in order the more conveniently to carry out any of the powers conferred on it: It may with the like consent construct and maintain retaining Avails weirs and dams in any water-course : It nnv with the like consent cut drains and deliver water into 'or take water from and embank widen deepen or clear out any water-course: It may construct and use any race drain dam settling basin or reservoir upon and through any lands specified by the Governor in Council except the site or curtilage of any house or garden yard court park plantation planted walk avenue or nursery for trees or vineyard: It may deepen widen clean repair or otherwise improve any such race drain dam settling basin or reservoir.

13. (1) In the exercise of the powers conferred by this Act the Damage and compensation Trust shall do as little damage as may be and shall be liable to make therefor. ^mnensation to all parties interested for any damage sustained by them in consequence of the exercise of such powers. (2) Save as otherwise expressly provided the amount of such compensation if not agreed upon between the parties shall be assessed i>y7poHce magistrate and be recoverable in any court of competent jurisdiction.

14 m The Lands Compensation Act 1S90 is hereby incorporated Compensation under the Lands with this Ac and shall be construed together herewith as one Act and Compensation, Act sal take effect with regard to the purchase by agreement or compulsoril y 1890. of land including any casement right or privileges over or affecting any id o anv interest in any land) taken or required for or i«J™Jy affected b"v the execution of any of the powers granted to the I rust by this Act and to the making of compensation in respect thereof. 19) For the purposes of this section the following expressions in Interpretation. the Lmids ComplJtum Act. 1890 shall have the respective meanings hereby assigned to then, save where the context is inconsistent therewith (that is to say) : — « The Board of Land and Works" and " the Board» shall mean " the Trust" ; " The Special Act" shall mean this Act.

254 5 GEO. V.] Bendigo Creek. [No. 2561. 7

15- (1) The Governor in Council may mate regulations as to all Regulations by or any of the following matters :— ' g^iu (a) the mode of appointment of members of the Trust; (b) the accounts of the Trust and the audit thereof; (c) generally all matters necessary or convenient for carrying into effect the provisions of this Act. (2) All such regulations shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the publication thereof or if Parliament is not sitting then within fourteen days after the next meeting of Parliament.

16. Notwithstanding anything'in the Mines Acts on and after Provisions of Mines the day appointed for the firet'nieeting of the Trust - rtS^SiS (1) Sections sixteen to fifty-six of the Mines Act. 11)07 so far as i^m^.roKdut. the same relate to sludge abatement trusts shall cease No. >im «s. IG-HG. • to have any further operation or effect in the mining district of Bendigo ; (2) The members of the Bendigo Creek Sludge Abatement Bcndigo siudgc Trust constituted and appointed by Order in Council Abatement Trust • i i i^i i r k r\ i 1 to cease to exist. bearing date the twelfth day or August One thousand nine hundred and twelve shall sm out of office and the said Trust shall be dissolved and cease to exist; and (3) The Sludge Abatement Board under the Mines Acts shall siudgc Abatement not with respect to the bed or banks of that part of J5^"0^^ the Bendigo Creek which is within the area defined in inconsistent with the First Schedule to this Act exercise any of its powers cr?ckTrust'

SCHEDULES. 255 [No. 2561. 5 GEO. V.] Bendigo Creek.

SCHEDULES.

FIRST SCHEDULE, Sections 6,16.

commencing point.

SECOND SCHEDULE. Section 9. Table showing half-yearly payments to be made to the Trust by the under- tioned municipalities as provided in this Act. ^ _ men Half-yearly Payments. Name of Municipality

City of Bendigo Shire of Marong Shire of Strathfieldsayo

MELBOURNE: . By Authority : ALBERT J. MULLKTT, Government Printer.

256