No. 5416. An Act to authorize the Raising of Money for the Purposes of the Development of the Latrobe Valley and the Application of such Money and for other purposes. [8th November, 1949.]

E it enacted by the King's Most Excellent Majesty by B and with the advice and consent of the Legislative Council and the Legislative Assembly of 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 Latrobe Valley Development Loan and Application Act 1949.

Interpretation. 2. In this Act unless inconsistent with the context or subject-matter— "Approved works." " Approved works " means works designed to develop the Latrobe Valley and approved by the Minister for the purposes of this Act but does not include No. 5272 89. 2,3. any works referred to in sections two and three of the State Electricity Commission Act 1948. Committee." " Committee " means the Latrobe Valley Development Advisory Committee constituted under this Act.

" Latrobe Valley." " Latrobe Valley " means the area described in the Schedule. Schedule to this Act. " Prescribed " 1949. Latrobe Valley Development No. 5416 197 Loan and Application.

(C Prescribed " means prescribed by regulations. " Prescribed." a Public authority " means— " Public authority." (a) any Government department or any person Comp. No. or body of persons acting for or on behalf 4097 s. 2. of the Crown or any Government department , (6) any municipality or the council thereof; (c) any local authority within the meaning of the Public Contracts Act 1928 ; and (d) any authority society association commission committee board trust or other body of persons (corporate or unincorporate) constituted or established by or under any law of Victoria which on the recommendation of the Minister is declared by Order in Council published in the Government Gazette to be a public authority for the purposes of this Act. u Regulations" means regulations made under this Regulations." Act. (I Treasurer " means the Treasurer of Victoria. ' Treasurer.

9t 3. (1) For the purposes of this Act there shall be ^ £Sn8 f a robe constituted by the Governor in Council a Committee to v ane y be called the Latrobe Valley Development Advisory S°P™ent Committee. Committee. (2) The functions of the Committee shall be— (a) to make recommendations to the Minister concerning the making of advances by way of grant or loan or both to public authorities and to responsible authorities under the Town and Country N°B. MMS, sios, Planning Acts for or towards meeting expenditure on approved works and compensation for land acquired purchased taken over used injured or prejudicially affected under this Act; (6) to convene conferences with and between authorities concerned with the object of securing co-ordination between the proposed works and activities of the respective authorities in the Latrobe Valley. (3) The 198 1949. Latrobe Valley Development No. 5416 Loan and Application.

(3) The Committee shall consist of five persons appointed by the Governor in Council of whom one shall be appointed as chairman and one as vice-chairman of the Committee. (4) Each member shall hold office for such term (not exceeding three years) as is specified in the instrument of his appointment and shall be eligible for reappointment. (5) Any member of the Committee may by writing under his hand addressed to the Governor in Council resign his office and thereupon his office shall become vacant. (6) The Governor in Council may at any time remove any member of the Committee and may from time to time as any vacancy occurs in the office of member of the Committee appoint some person to fill the vacancy. (7) Subject to this Act and the regulations the Committee may regulate its own proceedings. (8) At any meeting of the Committee three shall be the quorum.

Travelling 4. The members of the Committee shall respectively be expenses. entitled to travelling expenses as prescribed.

Acceptance of 5. The office of member of the Committee shall not be travelling expenses not deemed to be an office or place of profit under the Crown to disqualify members of within the meaning of Division two of Part II. of The Parliament who are Constitution Act Amendment Act 1928 nor shall the acceptance members of Committee. of travelling expenses render any member of the Committee who is a member of the Legislative Council or the Legislative Assembly incapable of sitting in either of the said Houses or make his election to be a member of either of the said Houses null and void or render his seat in cither of the said Houses vacant.

Power to raise 6. (1) For the purposes of this iVct the Governor in moneys for the H '\ purposes of LOUnClL this Act. . comp. NO. 4097 {a) may from time to time increase the amount of 8'3' stock known as the Victorian Government Stock NO. H08. erected under the authority of the Victorian Government Stock Act 1896 by an additional amount not exceeding in the whole One million pounds ; or (b) may issue debentures for the whole or any portion of such sum in lieu of increasing stock as afore­ said— all of which stock and debentures and interest thereon respectively at such rate or rates as the Governor in Council 1949. Latrobe Valley Development No. 5416 199 Loan and Application.

Council may fix shall be chargeable upon the consolidated revenue of Victoria. (2) All provisions of the Victorian Government Stock Application • . of Victorian Acts with regard to the inscription issue management Government J~ Stock Acts redemption payment of interest on and transfer of stock NO8.MO8.2403, issued under the authority of the Victorian Government S'.3207, Stock Act 1896, and generally with regard to such stock, shall so far as the same are not inconsistent with this Act apply to the stock issued under the authority and for the purposes of this Act. (3) All provisions of the Victorian Government Application Debentures Regulation Acts with regard to the issue Government . -, , . T i c ' i i Debentures management redemption and payment ol interest on Herniation debentures, and generally with regard to such debentures, N„s*'2404i 3054> shall so far as the same are not inconsistent with this Act 3r'13 H-3- apply to the debentures issued under the authority and for the purposes of this Act. (4) There may be issued and applied by the Treasurer issue and of Victoria out of the proceeds of the sale of the said stock of loan or of the said debentures or out of any moneys in the State Loans Repayment Fund a sum or sums not exceeding One million pounds in all for the purposes of the making of advances by the Minister in accordance with this Act. (5) This section shall be read and construed as subject Construction to the provisions of the Commonwealth and States Financial provisions A . A J of Nos. 3554 Agreements Acts. &c 7. (1) The Minister may after considering any relevant ^"jy J° recommendation of the Committee out of moneys issued make advances and applied by the Treasurer of Victoria pursuant to this Act expenditure on make advances by way of grant or loan or both— works and 1/1/0 _ compensation (a) to any public authority for or towards meeting J;„.(!£C(1 in expenditure by the authority on approved works ""^^"i^fjj by (including compensation for land acquired by j£2K the authority for the purposes of those works) ; ^S\ and (b) to any responsible authority under the Town and SiS* Country Planning Acts for or towards meeting K^vXimlL compensation payable by that authority for "Sice" iT.)al 1 1 l tr b0 lands purchased or taken over or used in v °uc J. " connexion with, or injured or prejudicially affected N™. 5043 1J J ' «' . r. 1 . 51118, 6'27.J. by, the making or carrying out 01 any planning scheme or interim development order under those Acts in the Latrobe Valley; (c) to 200 1949. Latrobe Valley Development No. 5416 Loan and Application.

(c) to the Board of Land and Works for the payment of compensation for land acquired by the Board under this Act which is required or likely to be required for the development of brown coal resources in the Latrobe Valley. (2) Every such advance shall be made on such terms and subject to such conditions restrictions and provisions as the Minister thinks fit, or as are prescribed, and the agreement (if any) for any such advance by way of loan shall inter alia make provision for the term of the loan, the rate of interest thereon and the repayment of the loan and payment of interest thereon, whether by means of half-yearly or yearly payments (including principal and interest) or otherwise.

Repayments of principal 8. Where an advance has been made by way of loan ami payments of interest by the Minister under this Act— in respect of loans. (a) all repayments of principal shall be paid into the State Loans Repayment Fund ; (b) all payments of interest in respect of the loan shall be paid into the consolidated revenue.

Power to Board of 9. The Board of Land and Works on the request of Land and Works to the Minister made on the recommendation of the Committee acquire land in the Latrobe may by agreement or compulsorily acquire any land in Valley. the Latrobe Valley for the purposes of this Act.

Incorporation 10. (1) The Lands Compensation Act 1928 is hereby of No. 3711. Comp. No. incorporated with this Act and shall be construed together 5323 s. 5. herewith as one Act and subject to this Act shall take effect with regard to the acquisition of land by the Board of Land and Works for the purposes of this Act. (2) In the construction of the Latids Compensation Act 1928 for the purposes of this section unless inconsistent with the context or subject-matter— " The Special Act " means this Act.

Value of 11. Notwithstanding anything in the Lands aC d comp No!r ' Compensation Act 1928 and subject to this section the 52721\ of(2)' amount of purchase money or compensation payable for 5043 si 22. or 1949. Latrobe Valley Development No. 5416 201 Loan and Application. or in respect of the value of any land acquired by the Board of Land and Works for the purposes of this Act shall be such amount as a bona fide purchaser proposing to use the land for the same purpose as that for which it was being used on the first day of January One thousand nine hundred and forty-eight would reasonably be expected to offer. (2) There shall not be included in or added to the amount of purchase money or compensation payable as aforesaid any allowance for or in respect of any actual or prospective increase in value arising from or by reason of— (a) the carrying out of any approved works under this Act; (b) the making or carrying out of any planning scheme or interim development order under the Town N<». HMS, sios, and Country Planning Acts in the Latrobe Valley ; (c) the scheme for the further development of the brown coal briquette industry in the Latrobe Valley approved by the State Electricity NO. 5272. Commission Act 1948 or any undertaking or works of the State Electricity Commission of Victoria in the Latrobe Valley ; (d) the exercise of any powers by the Housing Commission in the Latrobe Valley. 12. (1) Notwithstanding anything in the Land Acts the J™ to Board of Land and Works may with the consent of and upon T*nd ^nd such terms and conditions as are approved by the Minister— oftSSwiiy (a) sell or dispose of any land acquired by it under this SffrodTj8 Act to any public authority or (where it appears it# that such land will not be required for the purposes of this Act) to any other body or person ; (6) temporarily demise any land so acquired pending its use for the purposes of this Act. (2) Where land is so sold or disposed of, upon fulfilment of the terms and conditions of the sale or disposal and the payment of the purchase money (if any) and prescribed fees, a Crown grant of the land shall be issued to the public authority or other body or person subject to such covenants conditions exceptions and reservations as the Governor in Council directs. (3) Any 202 1949. Latrobe Valley Development No. 5416 Loan and Application.

Payments of principal (3) Any moneys paid to the Board of Land and Works— interest nnd rent (a) as principal in respect of the sale or disposal of to Board. any land so acquired by it shall be paid into the State Loans Repayment Fund ; (b) as interest in respect of any such sale or disposal or as rent for any land demised as aforesaid shall be paid into the consolidated revenue.

Power to make regulations. 13. (1) The Governor in Council may make regulations not inconsistent with this Act for the purpose of giving effect to any matters or things authorized or required to be prescribed or necessary or expedient to be prescribed for carrying the purposes of this Act into effect.

Publication of regulations. (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 making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament, and a copy of all such regulations shall be posted to each Member of Parliament.

SCHEDULE. 1949. Latrobe Valley Development No. 5416 Loan and Application.

SCHEDULE. Section Description of Latrobe Valley. Commencing at the north eastern angle of allotment 29F, parish of Loy Yang, County of Buln Buln, thence generally south westerly along Flynn's Creek, being the eastern boundary of the parish of Loy Yang; thence generally westerly along the southern boundary of the parish of Loy Yang to Creek; thence generally southerly along Traralgon Crook to the north east angle of allotment 3H, section B parish of Jeeralang ; thence generally westerly along the northern boundary of the parish of Jeeralang to the north-east angle of allotment 19, section C, parish of JeeraLmg; thence westerly alon" the northern boundaries of allotments 19 and 18 to the "north-east angle of allotment 11 ; thence southerly and south westerly along the eastern boundary of allotment 11 to its south-east angle ; thence crossing Government road on a line bearing 217° 21' to a point 500 links within allotment 12, section C, parish of Jeeralang ; thence westerly to the most northern angle of allotment 3, section C, parish of Jeeralang; thence generally westerly along the northern boundary of allotments 3 and 1, section C, to Billy's Creek; thence generally northerly along Billy's Creek to the north-east angle ot allotment 27, Section A parish of Yinnar ; thence southerly along the eastern boundary of allotment 27, to its south-eastern angle ; thence south-westerly along the southern boundary of allotments 27 and 25 to the most southern angle of allotment 25 ; thence north-westerly along the boundary of allotment 25 to the south-east angle of allotment 13 ; thence westerly along the southern boundary of and to the south-west angle ot allotment 13; thence northerly along the western boundary ot allotment 13 a distance of 446 links ; thence due west through allotment 18 to the southern boundary of the Government road ; thence westerly along the northern boundary of allotments 18 and 17B to the north-east angle of allotment 17c, continuing southerly to the south-east angle ot allotment 17c; thence along the southern boundary of allotment 17c, to its south west angle ; thence northerly along the western boundary to a point 500 links south of the north-west angle of allotment 17c ; thence westerly along a line parallel to and distant 500 links south from the northern boundaries of allotments 17B, 26, 24B, 24A, 54E, 54A, 37 3b, 18B 21B, 21A, and 19, parish of Yinnar to the River ; thence generally northerly along the Morwell River to the south-east angle ot allotment 80, parish of Narracan South County of Buln Buln ; thence along the southern boundary of allotment 80 to the _ south-west angle thereof; thence along the western boundary ot allotment 80 to the north-west angle of allotment 80A ; thence across Government road to the south-east angle of allotment bOA ; thence along a line bearing 280° 12' to a point 500 links from the eastern boundary of allotment 60A.; thence northerly along a line parallel to the eastern boundary of allotment 60A and distant oUU links west therefrom to a point 500 links south from the northern boundary of allotment 60A ; thence generally westerly along a line Parallel to and 500 lir.ks south from the northern boundaries of allotments 60A, bOB, bUC, 59, and 61, parish of Narracan South, to a point on the eastern boundary of allotment 50 ; thence southerly and westerly along the boundaries ot allotments 50 and 39 to the south-west angle of allotment 39 ; thence

SCHEDULE 1949. Latrobe Valley Development No. 5416 Loan and Application.

SCHEDULE—continued. across Government road to the eastern boundary of allotment 20 ; thence along the eastern boundary to the south-east angle of allotment 20, continuing westerly along the southern boundary to the south-west angle; thence generally northerly to the most southern angle of allotment 6 ; thence generally westerly and northerly following the southern and western boundaries of allotment 6 to the Government road; crossing the Government road to the eastern boundary of allotment 135, parish of Moe County of Buln Buln; thence generally westerly and northerly along the southern and western boundaries of allotment 135 to the north-west angle thereof ; thence generally westerly along the southern boundary of allotment 134 ; continuing along the western and northern boundaries of this allotment to the south-west angle of allotment 133A ; thence along the western boundary of allotments 133A, 133E, and 133c, crossing the Government road to the southern boundary of allotment 132 ; thence continuing generally northerly along the southern and western boundaries of allotment 132 ; continuing generally easterly along the northern boundary of allotment 132 to the south-west angle of allotment 128; thence generally northerly along the western boundaries of allotments 128 and 127 ; continuing generally easterly along the northern boundary of allotment 127 to the south-west angle of allotment 126D ; thence along the western boundaries of allotments 126D and 126c to the southern boundary of allotment 125 ; thence westerly along the southern boundary of allotment 125 and continuing along the western boundary of allotment 125 crossing Narracan Creek to the south-west angle of allotment 103 ; thence northerly along the western boundary of allotment 103 to the southern boundary of allotment 104, continuing westerly to the south-west angle of allotment 104 ; thence along the western boundaries of allotments 104, 105, 107, 7, 6A, 6, 5, 158, 158A, and 165A ; thence westerly along the southern boundaries of allotment A (Mountain Glen Pre-emptive Right), continuing along the western boundary thereof, crossing the Princes Highway and Eastern Railway and continuing along the western boundaries of allotments 2 and 3, parish Yarragon County of Buln Buln to the southern boundary of allotment 8 ; thence easterly along the southern boundary of that allotment to the south-west angle of allotment 22A, section F; thence along the western boundaries of allotments 22A, 22, 23A, 23n, section F, crossing the Government road to the southern boundary of allotment 75A ; thence westerly along the southern boundary of allotment 75A to the south-west angle thereof; thence generally north-easterly along the north-western boundaries of allotments 75A and 75, crossing the Government road to the south-west boundary of allotment B ; thence north-westerly to the south-western angle thereof, continuing along the north-western boundary of allotment 15 to the Latrobe River; thence crossing the Latrobe River to the south-west angle of allotment 24, parish of Tanjil, Counties of Tanjil and Buln Buln, continuing northerly and easterly along the western and northern boundaries of this allotment to the north east angle thereof; thence southerly along the eastern boundary of allotment 24, a distance of 1,278 links; thence easterly crossing the Government road to the north-west angle of allotment 28A,

SCHEDULE 1949. Latrobe Valley Development No. 5416 Loan and Application.

SCHEDULE—continued. continuing easterly along the northern boundaries of allotments 28A, 26, and 26B, crossing the Government road to the western boundary of allotment 35; thence north-westerly and easterly along the western and northern boundaries of allotment 35 to the Tanjil River crossing the Tanjil Uiver to the eastern boundary of allotment 2E, section D ; thence generally southerly and south-easterly along the western and south-western boundaries of allotment 2E to the south-west angle of allotment 2, section D ; thence easterly along the northern boundary of allotment 1 to the south-west angle of allotment 2F ; thence northerly along the western boundary of allotment 2F to its most northern angle continuing generally south-easterly along the eastern boundary thereof to a point immediately opposite the north-west angle of allotment 12 ; crossing the Government road to the north-west angle of allotment 12 ; thence generally easterly along the northern boundaries of allotments 12 and 14. to the north-east angle of allotment 14 ; then generally southerly along the eastern boundaries of allotments 14, 16, 16A, 16E, and 16D, to the south-east angle of allotment 16D ; thence crossing the Government road to the western boundary of allotment 6c, section C, parish of Tanjil East, , continuing generally north-easterly to the north-west angle thereof; thence easterly along the northern boundaries of allotments 6c, and 2, continuing northerly along the western boundary of allotment 7A to the north-west angle thereof; thence easterly along the northern boundaries of allotment 7A to a point directly opposite the south-western angle of allotment 7B, crossing the Government road to the south-west angle of allotment 7B, continuing along the western, northern, and eastern boundaries of allotment 7B, crossing the Government road and continuing southerly along the eastern boundary of allotment 7A to the north-west angle of allotment 7c ; thence generally easterly along the northern boundaries of allotments 7c, 8A, and 13 to a point immediately opposite the south-west angle of allotment 18E Section A ; thence crossing the Government roads and continuing northerly along the western boundaries of allotments 18E and 18B to the north-west angle of allotment 18B ; thence easterly along the northern boundary of allotment 18B to the south-western angle of allotment 35 ; thence northerly along the western boundary of allotment 35, continuing along the northern and eastern boundaries thereof and the eastern boundary of allotment 18B to the north-west angle of allotment 25A ; thence easterly along the northern boundary of allotments 25A and 25n continuing southerly along the eastern boundary to the north-west angle of allotment 15 ; thence easterly along the northern boundary of allotment 15 to the north-east angle thereof, continuing northerly along the western boundary of allotment 16, section A, to the north-west angle thereof; thence easterly along the northern boundaries of allotments 16 and 28, crossing the Government road to the western boundary of allotment 31 ; thence continuing generally north-westerly along the western boundary of allotment 31 to the north-west angle thereof; thence easterly along the northern boundary of allotment 31 to a point directly opposite the south-east angle of allotment 32, continuing northerly along the western boundaries of allotments 14A and 14 to the north-west angle of allotment 14, continuing easterly along the northern boundaries of allotments 14 and 13

SCHEDULE 1949. Latrobe Valley Development No. 5416 Loan and Application.

SCHEDULE—continued. to the Tyers Kiver to the western angle of allotment 2E, parish of Boola Boola, County of Tanjil, continuing along the western and northern boundaries of allotment 2E, crossing the Government road and continuing easterly along the northern boundary of allotment 2c to the north-east angle thereof ; thence southerly along the eastern boundary of allotment 2c to the north-west angle of allotment 5B, continuing easterly along the northern boundary of allotment 5B, crossing the Government road to the western boundary of allotment 5D ; thence generally northerly along the western boundary of allotment 5o to the north-west angle thereof; thence generally easterly along the northern boundaries of allotments 5D and 5F, crossing the Government road and continuing generally easterly along the northern boundaries of allotments 14c, 24A, 14B, and 14A, crossing the Government road to the western boundary of allotment 1GB; thence generally southerly, easterly and northerly along the western and southern boundaries of allotment 16B, crossing RintouTs Creek to the south-west angle of allotment 144B1, parish of Toongabbie South, County of Tanjil ; thence generally easterly and northerly along the southern and eastern boundaries of allotments 144B1, and 144B, to the north-eastern angle of allotment 144B ; thence across the Government road to the north-western angle of allotment 145 ; thence easterly along the northern boundaries of allotments 145 and 144, crossing the Government road to the south-western angle of allotment 10, section A, parish of Boola Boola, County of Tanjil; thence north-easterly along the southern boundaries of allotments 10, 7, and 131c, parish of Toongabbie south, crossing the Government road to the north-western angle of allotment 141 ; thence easterly along the northern boundary of allotments 141, State School site 141B, and 141 C, crossing the Government road to the north-western angle of allotment 13GD, continuing southerly along the western boundaries of 136D, 136C, and 136 to the south-west angle of allotment 136; thence continuing easterly along the northern boundaries of allotments 138, 137, 99E, 98D, 98C, 98B, 98A, 97B, 97C, 97A, 96C, 96B, and 96A, to the north-eastern angle of allotment 96A ; thence crossing the Government road to the western boundary of allotment 58c, and continuing northerly along the western boundaries of allotments 58c and 58B1, to the north-west angle of allotment 58D1 ; thence generally easterly and north-easterly along the northern boundaries of allotments 58D1, 58B, 58D, 57A, 57B, 57C, 56B, Rosedale Pre-emptive Right, 51B, 50, and 48 to the north-east angle of allotment 48 ; thence crossing the Government road to the north-west angle of allotment 55A, parish of Winnindoo, County of Tanjil, continuing north-easterly along the northern boundaries of allotments 55A, 55B, 56A, and 56B, to the north-east angle of allotment 56B ; thence southerly along the eastern boundaries of allotments 56B, 56A, 57, and 58A, crossing the Latrobe River to the most northern angle of allotment 29E, parish of Loy Yang, County of Buln Buln, point of commencement.

No. 5417.