1958. Latrobe Valley. No. 6290

No. 6290.

LATROBE VALLEY ACT 1958.

An Act to consolidate the Law relating to the Development Water Supply Sewerage and Drainage of the Latrobe Valley and the Prevention of Pollution of the Latrobe River.

[30th September, 1958.] E it enacted by the Queen's Most Excellent Majesty by and B with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):— 1. This Act may be cited as the Latrobe Valley Act 1958, and short title. * * commence" shall come into operation on a day to be fixed by proclamation {j^gj"^ of the Governor in Council published in the Government Gazette, and is divided into Parts as follows:— Part I.—Development ss. 3-14. Part II.—Water Sewerage and Prevention of Pollution ss. 15-66. Division 1.—The Board ss. 17-33. Division 2.—The Undertaking ss. 34-46. Division 3.—Financial ss. 47-54. Division 4.—Miscellaneous ss. 55-66. 2. (1) The Acts mentioned in the First Schedule to the extent Repeal, thereby expressed to be repealed are hereby repealed accordingly, schedule. 890 1958. Latwbe Valley. No. 6290

(2) Except as in this Act expressly or by necessary implication provided— (a) all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed; (b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any regulation by-law order appointment election approval recommendation determination notice consent estimate agreement advance allowance fund grant licence levy liability or right made effected obtained issued granted given presented fixed incurred accrued or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.

PART I.—DEVELOPMENT. interpretation. 3. In this Part unless inconsistent with the context or NO. 54i6 s. 2. subject-matter— w£i£™ve< " Approved works " means works designed to develop the Latrobe Valley and approved by the Minister for the purposes of this Part but does not include 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 under this Part. -Lattobe " Latrobe Valley " means the area described in the Second second Schedule to this Act. r:Cp^uJe- " Part " means Part of this Act. " Prescribed." " Prescribed" means prescribed by this Part or the regulations. " Public " Public authority " means— authority." J (a) any Government department or any person or body of persons acting for or on behalf of the Crown or any Government department; (b) any municipality or the council thereof; (c) any local authority within the meaning of the Public Contracts Act 1958; and (d) any authority society association commission committee board trust or other body of persons (corporate or unincorporate) 1958. Latrobe Valley. No. 6290 891

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 Part. " Regulations " means regulations made under this Part. " Regu- " Treasurer" means the Treasurer of Victoria. -Treasurer."

4. (1) For the purposes of this Act there shall be a constitution Committee to be called the Latrobe Valley Development Advisory of Latrobe Committee which is hereby declared to have been constituted by Development the Governor in Council under the Latrobe Valley Development co'mlSttee. Loan and Application Act 1949. No.54i6s.3- (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 Planning Act 1958 for or towards meeting expenditure on approved works and compensation for land acquired purchased taken over used injured or prejudicially affected under this Part; (b) 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 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 Part and the regulations the Committee may regulate its own proceedings. (8) At any meeting of the Committee three shall be the quorum. 892 1958. Latrobe Valley. No. 6290

Travelling expenses. 5. The members of the Committee shall respectively be No. 5416 s. 4. entitled to travelling expenses as prescribed.

Acceptance 6. The office of member of the Committee shall not be deemed or travelling expenses not to be an office or place of profit under the Crown within the to disqualify members of meaning of Division two of Part II. of The Constitution Act Parliament who are Amendment Act 1958 nor shall the acceptance of travelling members of Committee. expenses render any member of the Committee who is a member No. 5416 s. 5. 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 either of the said Houses vacant.

Auilioiily to 7. (1) The Treasurer of Victoria may under the authority of I rcusurer of Vicloiia tn this Act issue and apply out of the Loan Fund amounts not issue unci apply amounts not exceeding in all the sum of One million pounds. exceeding ill.OOO.OOO out ol the I oan I'liiKl. No. 5416 s. 6. Application of amounts (2) The amounts so issued and applied shall be applied for issued and or towards the purposes of the making of advances by the Minister applied out of (ho 1 oan in accordance with this Part. Fund. Previous loan (3) For the purposes of sub-section (1) of this section such raisings deemed to tic amounts as have been raised by loan under section six of the included in sum Latrobe Valley Development Loan and Application Act 1949 authorized to he issued and shall be deemed to be included in the sum authorized to be issued applied out of I.oan Fund. and applied out of the Loan Fund.

Power to 8. (1) The Minister may after considering any relevant Minister to make recommendation of the Committee out of moneys issued and advances for meeting applied by the Treasurer of Victoria pursuant to this Part make expenditure on approved advances by way of grant or loan or both— works and compensation (a) to any public authority for or towards meeting for land purchased in expenditure by the authority on approved works connexion with or (including compensation for land acquired by the prejudicially affected by authority for the purposes of those works); planning schemes and (b) to any responsible authority under the Town and interim development Country Planning Act 1958 for or towards meeting orders and land acquired compensation payable by that authority for lands for develop­ ment of purchased or taken over or used in connexion brown coal resources in with, or injured or prejudicially affected by, the I he 1 atrobe Valley. making or carrying out of any planning scheme or No. 5416 s. 7. interim development order under that Act in the Latrobe Valley; (c) to the Board of Land and Works for the payment of compensation for land acquired by the Board under this Part which is required or likely to be required for the development of brown coal resources in the Latrobe Valley. 1958. Latrobe Valley. No. 6290 893 (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.

9. Where an advance has been made by way of loan by the Repayments Minister under this Part— andpaym?nts , , of interest r ! spect of (a) all repayments of principal shall be paid into the State |jja n s Loans Repayment Fund; NTMKs.s. (ft) all payments of interest in respect of the loan shall be paid into the Consolidated Revenue. 10. The Board of Land and Works on the request of the {^"j1" Minister made on the recommendation of the Committee may by Land and agreement or compulsorily acquire any land in the Latrobe Valley acquire land for the purposes of this Part. vaiE^*"*8 No. S416 s. 9. 11. (1) The Lands Compensation Act 1958 is herebv incorporation x incorporate 'd with this Part an' d shall be construed togethe*r ofCompensation Lands Act. herewith as one Act and subject to this Part shall take effect with No. 5416 S. 10. regard to the acquisition of land by the Board of Land and Works for the purposes of this Part. (2) In the construction of the Lands Compensation Act 1958 for the purposes of this section unless inconsistent with the context or subject-matter— "The Special Act" means this Part.

12. Notwithstanding anything in the Lands Compensation vaiueofiaad Act 1958 and subject to this section the amount of purchase acquired. money or compensation payable for or in respect of the value of No.S416s.il. any land acquired by the Board of Land and Works for the purposes of this Part 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 Part; VOL. IV.—29 .894 1958. Latrobe Valley. No. 6290 (6) the making or carrying out of any planning scheme or interim development order under the Town and Country Planning Act 1958 in the Latrobe Valley; (c) the scheme for She further development of the brown coal briquette industry in the Latrobe Valley approved by the State Electricity Commission Act 1958 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.

Power to Board of 13. (1) Notwithstanding anything in the Land Act 1958 Land and Works to sell the Board of Land and Works may with the consent of and upon transfer or temporarily such terms and conditions as are approved by the Minister— demise lands acquired bv ft. (a) sell or dispose of any land acquired by it under this No. 5416 s. IX Part to any public authority or (where it appears that such land will not be required for the purposes of this Part) to any other body or person; (b) temporarily demise any land so acquired pending its use for the purposes of this Part. (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 moneys paid to the Board of Land and Works— rent to Board. (a) as principal in respect of the sale or disposal of any land so acquired by it shall be paid into the State Loans Repayment Fund; (6) 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 14. (1) The Governor in Council may make regulations make regulations. not inconsistent with this Part for the purpose of giving effect No. 5416 s. 13. to any matters or things authorized or required to be prescribed or necessary or expedient to be prescribed for carrying the purposes of this Part into effect.

Publication (2) All such regulations shall be published in the Government of regulations. 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. 1958. Latrobe Valley. No. 6290 895

PART II.—WATER SEWERAGE AND PREVENTION OF POLLUTION. 15. In this Part unless inconsistent with the context or interpretation, subject-matter— N$m? No. 5742 ss. 2 (2), 3 (2) " Board " means the Latrobe Valley Water and Sewerage "°Board."' Board constituted under this Part. " By-law " means by-law of the Board made undej this •• By-iaw.- Part. " Chairman " means chairman of the Board. " chairman." " Daily penalty " means a penalty for each day on which "DaiiyM an offence is continued or repeated— penaty. (a) after notice has been given to the offender of the commission of the offence; or (6) after a conviction or order of any court. " Division " means Division of this Part. " Division." "Financial year" means period of twelve months J^?ncial commencing on the first day of July. *" " Industrial and domestic waste " or " waste " includes— ~ industrial . . „ . , . , , and domestic (a) any waste matter from any industrial works waste." undertaking or process or any sewage "Waste." whether such matter or sewage is untreated treated or partially treated; (b) any matter which is offensive or injurious to human life or health; (c) any ash coal-dust or matter which may discolor or impart discoloration to water; (d) water of a temperature and quantity sufficient to increase the temperature of water in the Latrobe River above a temperature prescribed by the by-laws; (e) any matter whatsoever that may pollute contaminate or reduce beyond a standard prescribed by the by-laws the purity of any water in the Latrobe River. River.' " Latrobe River " means the Latrobe River in Gippsland "Latrobe together with any tributaries channels and defined "'"" watercourses which flow directly or indirectly into that river. " Latrobe Valley "— " Latrobe Valley." (a) means the area described in the Third Schedule Third to this Act; and Scheduto- (b) includes any area which is declared by Order of the Governor in Council pursuant to this Part to be included in the Latrobe Valley; but 896 1958. Latrobe Valley. No. 6290 (c) does not include any area which is declared by Order of the Governor in Council pursuant to this Part to be excised from the Latrobe Valley. " Manager." "Manager" means the manager of the undertaking of the Board appointed under this Part and includes the deputy manager. " Member." "Member" means member of the Board other than the chairman. " Minister." " Minister " means Minister of Water Supply. " Part." " Part" means Part of this Act. " Prescribed.' " Prescribed" means prescribed by this Part or the regulations. " Public " Public authority " means the Board of Land and Works, authority.' The Victorian Railways Commissioners, any Authority within the meaning of the Water Act 1958. the Country Roads Board, the Forests Commission, the State Electricity Commission of Victoria, the Gas and Fuel Corporation of Victoria, any Government Department, any municipality, any sewerage authority under the Sewerage Districts Act 1958, any river improvement trust under the River Improvement Act 1958, the Soil Conservation Authority and any body which is declared by Order of the Governor in Council pursuant to this Part to be a public authority. " Regula­ tions." " Regulations" means regulations made under this Part. "Undertaking " Undertaking of the Board " means the pipelines weirs of the Board/' reservoirs aqueducts sewers drains treatment works and other works authorized to be constructed acquired or maintained by the Board and includes all buildings plant and machinery of or controlled by the Board and all sewage farms and all lands held or used by the Board for the purposes of this Part. Declarations 16. The Governor in Council may by Order published in by Governor in Council. the Government Gazette— No. 5574 s.2(2); (a) declare that any area is included in the Latrobe No. 5742 s. 3 (2) (b). Valley for any of the purposes of this Part; (b) declare that any area theretofore within the Latrobe Valley is excised from the Latrobe Valley for any of the purposes of this Part; (c) declare any body to be a public authority for any of the purposes of this Part. DIVISION 1. THE BOARD. Latrobe Valley Water 17. (1) For the purposes of this Part there shall be a Board and Sewerage to be known as the " Latrobe Valley Water and Sewerage Board " Board. No. 5574 8.3; which Board is hereby declared to have been established by the No. 5742 s. 2 (1). Latrobe Valley Water and Sewerage Act 1953. 1958. Latrobe Valley. No. 6290 897 (2) The Board shall consist of— Members of v ' Board. (a) the manager appointed under this Division, who shall ex officio be chairman of the Board; (6) a member elected as prescribed by such sewerage authorities whose districts lie wholly or partly within the Latrobe Valley as the Governor in Council specifies for the purpose; (c) a member elected as prescribed by such river improvement trusts whose districts lie wholly or partly within the Latrobe Valley as are specified by the Governor in Council for the purpose; (d) a member elected as prescribed by such waterworks trusts whose districts lie wholly or partly within the Latrobe Valley as are specified by the Governor in Council for the purpose; (e) a member who is a commissioner or officer of the State Electricity Commission of Victoria appointed by the Governor in Council; (/) a member who is a director or officer of the Gas and Fuel Corporation of Victoria appointed by the Governor in Council; (g) a member appointed by the Governor in Council. (3) Subject to this Part each of the members— Term of office * of members. (a) shall hold office for such term, not exceeding five years, as is fixed by the Governor in Council before the appointment or election of such member; and (b) shall be eligible for re-appointment or re-election. (4) The Governor in Council may from time to time appoint one of the members to be deputy chairman of the Board and may remove any such person from such office.

18. The Board shall be a body corporate by the name of the Board to be " Latrobe Valley Water and Sewerage Board " and by that name ilo'rSor'ate. shall have perpetual succession and a common seal and subject NO. 5574 s. 4: to this Part shall be capable in law of suing and being sued and s.2(2>. shall have power to take purchase sell lease and hold lands tenements and hereditaments goods chattels and other property for any of the purposes of this Part. 19. (1) Each member shall be severally entitled to such Allowances allowances as are fixed by the Governor in Council before the ^.55748.5. appointment or election of such member. (2) The chairman and each member shall be severally entitled to receive such travelling expenses as are from time to time prescribed. 898. 1958. Latrobe Valley. No. 6290

Vacancies- 20. (1) The office of any member shall become vacant— No. 5574 s 6. (a) at the expiration of his term of office; (b) if he dies; (c) if he is incapable of continuing a member; (d) if he resigns in writing under his hand addressed to the Governor in Council; or (e) if without the consent in writing of the Minister he fails to attend four successive meetings of the Board.

Disqualifi­ cation by (2) No person being an undischarged or uncertificated insolvency bankrupt or insolvent shall be capable of being elected or or crime. appointed a member, and no member who becomes bankrupt or insolvent or who applies to take the benefit of any Act for the relief of bankrupt or insolvent debtors or who compounds by deed or instrument in writing with his creditors or is convicted of felony or any infamous offence shall be capable of continuing a member.

Members (3) (a) Any member who (otherwise than by reason of his not to be personally association with the State Electricity Commission of Victoria or interested in contracts &c. the Gas and Fuel Corporation of Victoria by virtue of which association he is eligible for appointment as a member)— (i) is in anywise concerned or interested in any bargain or contract made by or on behalf of the Board; or (ii) in anywise participates or claims to be entitled to participate in the profit thereof or in any benefit or emolument arising therefrom— shall thereby vacate his office as member and shall be liable to a penalty of not more than Five hundred pounds or to imprisonment for a term of not more than three years or to both such penalty and imprisonment.

Exception. (b) No person being a shareholder or member of any company consisting of more than twenty persons shall be disqualified from acting as a member of the Board or liable to a penalty by reason of any contract entered into between such company and the Board; nevertheless it shall not be lawful for any shareholder or member of any company to act as a member of the Board in any matter relating to any contract entered into between the Board and such company.

Removal and 21. (1) The Governor in Council may remove from office any suspension of members member appointed by the Governor in Council on an address other than elected praying for such removal being presented to the Governor by the members. Legislative Council and the Legislative Assembly respectively in No. 5574 s. 7. the same session of Parliament. 1958. Latrobe Valley. No. 6290 899 (2) (a) At any time when Parliament is not sitting the Governor in Council may suspend from office any member appointed by the Governor in Council on the ground of inability inefficiency mismanagement or misbehaviour or refusal or neglect to carry out any of the provisions of this Part imposing any duty upon such member. (b) In every such case the Minister shall cause a full statement of the ground of such suspension to be laid before both Houses of Parliament within seven days after the next meeting of Parliament and unless within two months after such meeting an address is presented to the Governor by the Legislative Council and the Legislative Assembly respectively praying for the restoration of such member to his office such suspension may be confirmed by the Governor in Council and the office of such member shall thereupon become vacant. (c) If such an address is so presented within two months after such meeting of Parliament such suspension shall cease and determine and the member shall forthwith be restored to office.

22. (1) If the office of a member becomes vacant otherwise Extraordinary than by the retirement of such member at the expiration of his vacancies. term of office a person shall be appointed or elected (as the case No. 5574 s. 8. requires) to fill such extraordinary vacancy: Provided that if the office of an elected member becomes so vacant within three months before the expiration of the term of such office such extraordinary vacancy shall not be so filled before the expiration of such term.

(2) Any person appointed or elected to fill any such Term of office extraordinary vacancy shall subject to this Part be entitled to hold an!n|mbers t r t nary office for the remainder of the term of office of the person in ?a c a S;tes whose place he is appointed or elected. 23. (1) The Governor in Council, in the case of the illness Deputy m suspension absence or vacancy in the office of any member, may ^ ^7"'g 9 appoint some person to act as his deputy during such illness suspension absence or vacancy and every such person shall, while so acting, have the powers and perform the duties of such member. (2) No person shall hold the office of deputy to a member for a longer period than six months at any one time without re-appointment. 24. (1) No act or proceeding of the Board shall be invalidated Procedure or illegal in consequence only of there being any vacancy in the oquoruf Boardm ,&c . membership of the Board at the time of the act or proceeding. NO.5574S. 10. (2) If at any meeting of the Board the chairman is not present the deputy chairman shall be chairman of the meeting. 900 1958. Latrobe Valley. No. 6290 (3) All powers vested in the Board may be exercised by the Board at any meeting held in pursuance of this Part at which there are present at least three members in addition to the chairman of the meeting, but not otherwise. (4) All questions shall be decided by open voting and by the majority of those present at the meeting. (5) If there is an equal number of votes upon any question the chairman of the meeting shall have a second or casting vote in addition to his deliberative vote. (6) Subject to this Part the Board may regulate its own proceedings.

Meetings of 25. The Board shall hold meetings at least once in the Bourd. No. 5574 s. 11 each calendar month at such time and place as it appoints (3). for the purpose and may meet and adjourn as it thinks proper from time to time and from place to place.

Board 26. The Board shall in relation to all powers duties functions successor of Commission. and authorities vested in or conferred upon it by or under this No. 5574 s. 12 Part be the successor in law of the State Rivers and Water Supply (2). Commission, and the Governor in Council may by Order published in the Government Gazette give such directions and make such provision as are necessary or expedient to give effect to this section; and every such Order shall take effect as if incorporated in this Part.

The manager. 27o (1) The Governor in Council may appoint as manager No. 5574 s. 13. of the undertaking of the Board a qualified person who— (a) shall be ex officio chairman of the Board; (b) subject to this Part shall be in charge of the works and undertaking of the Board. Qualification. (2) To be qualified for appointment as manager the appointee must hold a certificate of qualification as an engineer of water supply under the Water Act 1958. Term of (3) The manager shall be appointed for such term and on appointment and salary. such conditions of remuneration as are from time to time determined by the Governor in Council, and shall be eligible for re-appointment. Full time (4) The manager shall not during his continuance in office appointment. engage in any employment other than in connexion with the duties of that office without the consent of the Governor in Council. Saving of (5) If any person appointed as manager was immediately public service and super­ before his appointment— annuation rights. (a) an officer of the public service; or 1958. Latrobe Valley. No. 6290 901 (b) (having formerly been an officer of the public service) engaged or employed in any office or capacity in which he was eligible on tie recommendation of the Public Service Board to be re-appointed upon the termination of such engagement or employment to some office in the public service— such person shall (in all respects as if he were a member of the public service) on the recommendation of the Public Service Board be re-appointed at or before the termination of his office as manager to some office in the public service with a classification and emolument corresponding with or higher than that which he held in the public service immediately prior to his appointment as manager or to his,engagement or employment as aforesaid and as if the whole period of his service under this Part and (where the case so requires) in any other such office or capacity had been a period of service in the public service. (6) Any person who at the date of his appointment as manager is an officer within the meaning of the Superannuation Act 1958 or any corresponding previous enactment shall notwithstanding such appointment be deemed to continue subject to that Act to be an officer within the meaning of that Act. 28. (1) The Governor in Council may remove the manager Removal and from office on an address praying for such removal being SSSSw,°nof presented to the Governor by the Legislative Council and the No.5574s.i4. Legislative Assembly respectively in the same session of Parliament. (2) (a) At any time when Parliament is not sitting the Governor in Council may suspend the manager from office on the ground of inability inefficiency mismanagement or misbehaviour or refusal or neglect to carry out any of the provisions of this Part imposing any duty upon the manager. (b) In every such case the Minister shall cause a full statement of the ground of such suspension to be laid before both Houses of Parliament within seven days after the next meeting of Parliament and unless within two months after such meeting an address is presented to the Governor by the Legislative Council and the Legislative Assembly respectively praying for the restoration of the manager to his office such suspension may be confirmed by the Governor in Council and the office of the manager shall thereupon become vacant. (c) If such an address is so presented within two months after such meeting of Parliament such suspension shall cease and determine and the manager shall forthwith be restored to office. 29. In the case of the illness suspension absence or incapacity Deputy of the manager or in the event of a vacancy in the office of ^"5574 s is manager the Governor in Council may (for any period not exceeding six months) appoint some person who holds a certificate 902 1958. Latrobe Valley. No. 6290 of qualification as an engineer of water supply under the Water Act 1958 to be deputy manager, and such person shall during the term of his appointment exercise and discharge all the powers duties functions and authorities of the manager.

Powers of Uit Board as to 30. (1) With the approval of the Governor in Council the super­ Board for the purposes of making provision (in any case where the annuation pensions Superannuation Act 1958 does not apply) for its officers (including gratuities &-.. the manager) and employes and their dependants on the resignation No. S774s. 16. retirement or death of any such officers or employes may— (a) provide for grant or pay superannuation allowances pensions annuities or gratuities; (b) establish funds for any of the purposes aforesaid; (c) join or co-operate in any scheme and support or subscribe to any association fund or trust for any of the purposes aforesaid; (d) from the salaries or wages of such officers or employes deduct as contributions to any such fund scheme association or trust such amounts as are prescribed. Long service (2) The Board may provide for long service leave with pay, leave. or pay in lieu thereof, to be granted to its officers (including the manager) and employes. services of 31. The Board may enter into agreements with any public of public authority whereby the services of any officer or servant of such NORM'S n Public authority may be in part made use of by the Board. Qualifications 32. No person shall be appointed to any office which would e^Jneerl011" place him in engineering charge of the construction of any NO. 5742 s. 4. waterworks carried out under the powers conferred by this Pan. unless he holds a certificate of qualification from the Board of Examiners of engineers of water supply under section three hundred and twenty-two of the Water Act 1958 or any corresponding previous enactment. Qjjaces 33. The provisions of sections thirty-three, thirty-four, contacts &c. thirty-seven (except sub-section (5) thereof), thirty-eight, NO. 5574 s. la thirty-nine, forty-two to forty-six and forty-eight of the Sewerage Districts Act 1958 shall extend and apply for the purposes of this Part as if incorporated in this Division with such adaptations as are necessary and in particular as if any reference therein to a Sewerage Authority were a reference to the Board.

DIVISION 2.—THE UNDERTAKING. Adminis­ 34. Subject to this Part and the general control and tration of Act. supervision of the State Rivers and Water Supply Commission No. 5574 s. 19. the Board shall administer this Part and may exercise the rights powers and authorities and shall discharge the duties conferred or imposed on it by or under this Part. 1958. Latrobe Valley. No. 6290 903 35. The Board may subject to this Part— BoSrdionsof (a) construct acquire maintain and operate works for the NO. 5574 s. 20; supply of water in the Latrobe Valley; o")2(c). (b) construct acquire maintain operate and dispose of land works pipelines weirs reservoirs aqueducts drains sewers buildings plant and machinery for the supply of water to or for the treatment and disposal of industrial and domestic waste from the Latrobe Valley, including outfall sewers to convey any such waste to the sea; (c) for such charges and on such conditions as are from time to time determined by the Board, receive from any public authority corporation person or body in the Latrobe Valley any such waste for treatment or disposal by the Board; (d) by agreement with and at the request of the owner or occupier of any industrial premises in the Latrobe Valley and subject to such terms and conditions as the Minister approves construct works for the supply of water to or for the treatment or disposal by such owner or occupier of such waste on or from such premises; (e) do or cause to be done all things necessary or expedient to be done to give effect to the foregoing and in the administration of this Part and generally to prevent pollution and maintain the flow of the Latrobe River.

36. (1) Except in cases of emergency, before any contract contractsTenders for to the amount of Two thousand pounds or upwards is entered into No. 5574- s. 21. by the Board seven days' notice at least shall be given in at least two newspapers circulating generally in the Latrobe Valley expressing the purpose of the contract and inviting any persons willing to undertake the contract to make proposals for that purpose to the Board. (2) The Board may with the approval of the Minister accept the proposal which in view of all the circumstances appears to the Board to be most advantageous and the Board may take security for the due and faithful performance of any such contract.

37. (1) At least one month before inviting tenders for the Submission construction of any works for the treatment of industrial or ?reatm'esntor domestic waste the Board shall submit to the Commission of geSuh0 Public Health copies of all plans and specifications for such works, S™£pp?S,vIai (2) The Commission of Public Health or any members or j^6^™" officers thereof shall be entitled to appear before the Board or NS: 5742 s"22" any committee thereof and to make either in writing or verbally s'3(2) (dK any representations or recommendations with regard to such plans and specifications. 904 1958. Latrobe Valley. No. 6290 (3) Tenders shall not be invited as aforesaid until all representations or recommendations so made have been taken into consideration by the Board which shall forward such representations or recommendations to the Minister for his consideration. (4) Notwithstanding anything in this Part the construction of any principal works shall not be commenced by the Board until the plans and specifications and the tenders therefor have been submitted to the State Rivers and Water Supply Commission and approved by the Minister.

Vesting o? 38. (1) All works pipelines weirs reservoirs aqueducts drains works in Board. sewers'and buildings constructed or in course of construction by No. 557* s. 23; No. 5742 the Board shall vest in the Board. s. 3 (2) (e). Works on (2) Where the Board carries out any works on private private land. land— (a) the carrying out and maintenance of such works shall not be taken to vest the land in the Board; (b) no person shall without the consent in writing of the Board remove alter destroy or interfere with any such- works or cause any such removal alteration destruction or interference, and such consent may be given subject to such conditions as the Board thinks fit. General 39. Subject to and for the purposes of this Part and so far powers as to works. as is necessary for the exercise by it of any powers conferred on No. 5574 s. 24; No. 5742 it by this Part the Board may— «-3(2) (/). (a) enter upon any land to make surveys or to take levels or to acquire any information, and set out such parts thereof as it thinks necessary; {b) after giving reasonable notice to any person or authority concerned, enter upon lands or public or private streets or roads and carry out works or construct pipelines weirs reservoirs aqueducts drains or sewers thereon or thereunder and maintain alter discontinue or remove any such works pipelines weirs reservoirs aqueducts drains or sewers and enter upon any such lands streets or roads for the purposes of such maintenance alteration discontinuance or removal; (c) blast any rock.

Acquisition 40. (1) Subject to and for the purposes of this Part the Board of land. No. 55741. 25; may by agreement purchase or take on lease for such term as it No. 5742 ss. 2 thinks fit or with the approval of the Governor in Council (2), 3 (2) (s). compulsorily take any land or premises or any undertaking or works for the supply of water or for the treatment or disposal of waste or any right or easement in or over any land. 1958. Latrobe Valley. No. 6290 905 (2) The Lands Compensation Act 1958 is hereby incorporated with and shall be read and construed as part of this Part. (3) In the construction of the said Act for the purposes of this Part, unless inconsistent with the context or subject-matter— " the Board of Land and Works " and " the Board " shall mean the Latrobe Valley Water and Sewerage Board; " the special Act" shall mean this Part. (4) The provisions of Division two of Part VI. of the Water compensation Act 1958 shall extend and apply for the purposes of this section work8J.uiy by in all respects as if the Board were an Authority under the Water Act 1958.

41. (1) Notwithstanding anything in any Act— power to (a) the Governor in Council, on the recommendation of mSnlgenment the Minister of Water Supply after consultation S" Board'01 with the Commissioner of Crown Lands and NO. 5574 s. 26. Survey, may by Order published in the Government Gazette declare that any land of the Crown shall, subject to such conditions as the Governor in Council thinks fit, be placed under the management and control of the Board for the purposes of this Part; (b) any such Order shall have effect accordingly notwithstanding any reservation or setting apart of such land or proclamation affecting the use of such land in force at the time of such Order, and any such reservation setting apart or proclamation shall, unless otherwise specified in such Order, thereupon be deemed to be revoked so far as it affects such land. (2) Her Majesty may at any time without payment of Power to compensation by Order in Council published in the Government £Sto Gazette resume any land of the Crown which by or under this "Selni!""18 Part has been placed under the management and control of the Board- Board and which is required for any public purpose or for any public highway, and thereupon such land shall be deemed to be surrendered to the Crown and to be unalienated land of the Crown freed and discharged from all reservations trusts encumbrances limitations and restrictions whatsoever. (3) Subject to the approval of the Governor in Council the Board may at any time surrender to the Crown any land of the Crown which is by or under this Part placed under the management and control of the Board, and thereupon such land shall be deemed to be unalienated land of the Crown freed and discharged from all reservations trusts encumbrances limitations and restrictions •whatsoever. 1 i2g^j 906 1958. Latrobe Valley. No. 6290 Power to seu 42. (1) The Board may— WQ90 AC* NO. 5574s. 27. (a) se^ or lease any laQd acquired by it under this Part (not being land of the Crown placed under its management and control); (b) for such period and for such purposes and on such terms and conditions as it thinks fit grant licences authorizing persons to occupy any land of the Crown which by or under this Part has been placed under its management and control, and revoke or renew any such licence. (2) Every such licence shall state the period (not exceeding fifteen years) purpose terms and conditions for and under which it is granted and the rate of payment therefor.

Construction 43. (1) Save as otherwise expressly provided with respect Sff«*toS to any works authorized by this Part to be carried out by the SSSoriues. Board, where any such works may interfere with any land property NO. 5574 s. 28. undertaking or works of any public authority— (a) such first-mentioned works shall not be proceeded with by the Board unless every such public authority concerned has agreed thereto or a determination has been made with respect thereto by the Governor in Council as hereinafter provided; (b) in default of agreement between the Board and any such public authority all matters in difference between them shall be determined by the Governor in Council whose decision shall be final and binding upon the parties; (c) any such agreement or determination may provide for all or any of the following matters:— (i) Any new altered or substituted works reasonably necessary for preventing interference with or protecting any such land property undertaking or works of any such public authority; (ii) The payment or apportionment of the payment of the cost of such new altered or substituted works, and the supervision of the making and execution thereof and the payment or apportionment of the expenses of such supervision; (iii) Any other matters necessary or expedient to be provided. 1958. Latrobe Valley. No. 6290 907 (2) Unless within one month after service of notice in writing by the Board on any such public authority that the Board proposes to proceed with any such works such public authority delivers to the Board a notice of intention to object and within a further month delivers to the Board a statement of its objections to any such proposed works such public authority shall be taken to have agreed thereto. (3) The foregoing provisions of this section shall apply with such adaptations as are necessary to any case where any works authorized to be carried out by any such public authority may interfere with any land property undertaking or works of the Board under this Part. 44. (1) Save where provision is otherwise expressly made settlement of for the determination of differences or questions the Governor in bewSn'the Council may by Order determine— M8"4 (a) any difference arising under this Part (whether arising SSdo* out of the construction of this Part or not) between to vesting of the Board and any public authority touching or P""*1**81*0- relating to the fulfilment and exercise of the duties No"5S74""w" powers privileges or authorities of the Board or any public authority; or (b) any question (whether arising out of the construction of this Part or not) as to whether any land or works to be vested in or placed under the management and control of the Board by or under this Part are so vested in or placed under the management and control of the Board. (2) The Governor in Council for the purpose of any such determination may by that or any subsequent Order settle adjust or apportion any matters or things between the Board and any public authority in such manner as he thinks just. (3) Every Order made under this section shall be final conclusive and binding.

45. The provisions of sections one hundred and seventeen, Application one hundred and eighteen and one hundred and forty-five to one Dum^lt hundred and fifty-two of the Sewerage Districts Act 1958 shall f^Ll^"8, extend and apply for the purposes of this Part as if incorporated Ancillary in this Division with such adaptations as are necessary and in SluS?81"1 particular as if any reference therein to a Sewerage Authority No.5574s.30. were a reference to the Board and any reference therein to a sewerage district were a reference to the Latrobe Valley.

46. (1) The undertaking of the Board shall be exempt from The under- any rate or tax which but for this section the council of any £££?««'&£ municipality or water authority or sewerage authority might have No. 57425. til imposed or levied thereon. 908 1958. Latwbe Valley. No. 6290 (2) Nothing in this section shall preclude any municipality or water authority or sewerage authority from levying and collecting rates upon any land vested in the Board while such land is leased or occupied for any private purpose (other than mining) by any person or corporation other than the Board. (3) The Board shall be deemed to be a public corporation within the meaning of sub-section (3) of section nine of the Land Tax Act 1958.

DIVISION 3.—FINANCIAL. Funds to be 47. (i) The Board shall keep separate funds to be known No 5574s 3i- as the "Latrobe Valley Water Fund" and the "Latrobe Valley NO. 5742 s. 7.' Sewerage Fund." (2) (a) Into the Latrobs Valley Water Fund shall be paid— (i) all sums received under this Part by the Board by way of charges or rates for the supply of water; (ii) all sums made available to the Board for the purpose of the supply of water from moneys voted by Parliament for the purpose; (iii) all sums received by the Board by way of loan or borrowed by the Board under this Part for the purpose of the supply of water; (iv) any other sums received by the Board for the purpose of the supply of water. (6) The Latrobe Valley Water Fund shall be applied only in and towards the administration of this Part and the performance and discharge of the powers authorities and duties of the Board under this Part so far as relates to the supply of water. (3) (a) Into the Latrobe Valley Sewerage Fund shall be paid— (i) all sums received under this Part by the Board by way of charges or rates for the treatment or disposal of waste; (ii) all sums made available to the Board for the purpose of treatment or disposal of waste from moneys voted by Parliament for the purpose; (iii) all sums received by the Board by way of loan or borrowed by the Board under this Part for the purpose of the treatment or disposal of waste; (iv) any other sums received by the Board for the purpose of the treatment or disposal of waste. (b) The Latrobe Valley Sewerage Fund shall be applied only in and towards the administration of this Part and the performance and discharge of the powers authorities and duties of the Board under this Part so far as relates to the treatment or disposal of waste. 1958. Latrobe Valley. No. 6290 909

48. The Board may for the purposes of this Part accept and Overdraft No. 5574 s. 32; take from any bank any advances by way of overdraft of the No. 5742 s. 8. current account kept by the Board with any bank or banks but so that the principal moneys owing on overdraft for such purposes do not at any time exceed the sum of Seventy-five thousand pounds or a sum not exceeding one-half of the prior year's revenue from charges and rates under this Part, whichever sum is the greater.

49. (1) The Governor in Council may out of any moneys Loans by legally available for the purpose from time to time make advances cmm3i?r ln by way of loan to the Board on such terms and conditions as the N0.5574s.33; Governor in Council determines. No'5742s*'' (2) As a condition of any such loan the Governor in Council shall apply the provisions of section two hundred and eighty-five of, and may apply any of the other provisions of Part VII. of, the Water Act 1958 with such adaptations as are necessary. (3) (a) When an advance is made by the Governor in Council to the Board the Board shall on the thirtieth day of June and the thirty-first day of December in each year until the advance is repaid pay to the Treasurer of Victoria on the principal advanced— (i) interest at the rate of three per centum per annum; together with (ii) an additional one-half per centum per annum— but the amount of the first payment made shall if the circumstances so require be a sum calculated pro rata from the date of the advance to the thirtieth day of June or the thirty-first day of December (as the case may be) next following the date of the advance. (b) Every such half-yearly payment may be applied by the Treasurer for interest at the rate of interest aforesaid 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 be applied in reduction of principal. (c) All moneys so applied in reduction of principal shall be paid into the State Loans Repayment Fund.

50. (1) The Board shall cause a separate loan account to be Loan account, kept of all moneys whether borrowed by assignment of rates and N0.5574s.34; charges or by the issue of debentures or lent or advanced by the s.°o (2). Governor in Council. (2) All moneys so advanced by way of loan shall be credited to that account and shall be applied only to the purposes for which they were advanced. ^10 1958. Latrobe Valley. No. 6290 (3) Save as otherwise expressly provided moneys to the credit of such loan account shall not be applied for or towards— (a) any payment of principal interest or sinking fund on account of the moneys so advanced; or (b) any payment on account of the loan.

.^ttaate to be ^*" (*) ^n or before ^e thirtieth day of April in each year prepared, the Board shall cause to be prepared and submit to the Minister wo. 5574 a. 35. an estimate of the moneys required for the following financial year for the several purposes in respect of which the Board is empowered or required to expend money, showing— (a) the several sums available for such purposes; (b) the estimated sources of revenue; (c) the several sums required; and (d) (if it is proposed that any rate should be levied pursuant to this Part) the total net annual value or unimproved capital value (whichever is adopted for the purpose of the rate) of all the properties in each municipal district or (as the case requires) subdivision of a municipal district in respect of which such rate is to be levied and the proposed amount in the pound of the rate for each such municipal district and subdivision. (2) If in the opinion of the Minister the estimated revenue will not be sufficient for the said several purposes the Minister may refer the estimate back to the Board for amendment. (3) If the Board fails to submit an estimate on or before the thirtieth day of April in any year or fails within four weeks after being so requested by the Minister to amend the estimate to such an extent as would in the opinion of the Minister provide sufficient revenue for the said several purposes the Minister shall himself determine the estimate (including the amount of any rate to be levied pursuant to this Part). (4) The Minister may disallow from the estimate all moneys which he considers would be an improper expenditure and may reduce the estimate of expenditure accordingly. (5)(a) No rate shall be levied pursuant to this Part except with the approval of the Governor in Council and in accordance with an estimate approved or determined by the Minister under this section. (6) Any such rate may be levied in respect of all or any of the municipal districts or subdivisions thereof which are within the Latrobe Valley and at different amounts in the pound in respect of different municipal districts and subdivisions; and the .amount of any such rate in respect of each such municipal district 1958. Latrobe Valley. No. 6290 911 or subdivision shall be determined having regard to the benefit which in the opinion of the Board such municipal district or subdivision receives from the operation of this Part. (6) When the accounts of the Board are audited any expenditure of the Board not covered by the estimate approved or determined by the Minister or not otherwise specially permitted by the Minister prior to such expenditure being incurred shall be deemed and taken to have been unlawful.

52. (1) Where by the estimate approved pursuant to the last Municipal preceding section it is proposed that rates should be levied of revenue of pursuant to this Part in any municipal district or subdivision ^""^S-M thereof the following provisions of this section shall apply. (2) The Board shall, before the first day of September in the financial year in respect of which the estimate is made, by notice in writing require the council of such municipality to make and levy, in respect of such municipal district or subdivision (as the case may be), as part of the general rate or as an additional item of the general rate in that financial year a rate of such amount in the pound as is set out in respect of such municipal district or subdivision (as the case may be) in such estimate and the council of the municipality shall make and levy such rate as required by the notice and the Local Government Act 1958 shall be read and construed and take effect accordingly. (3) Such notice shall state the date or dates (not being earlier than the fifteenth day of April or later than the fifteenth day of June in such financial year) on or before which payments are required to be made by the municipality to the Board on account of the rate levied in pursuance of the notice. (4) The amount due by a municipality to the Board in respect of any notice under this section shall be the amount produced by a rate as specified in the notice and the municipality shall make payments in accordance with the requirements of the notice on account of the amount due thereunder. (5) Where the amount due in respect of any such notice or any part of such amount is not paid on or before the date specified in the notice for payment the Board may if it thinks fit require the municipality concerned to pay interest on the amount outstanding at a rate not exceeding Six pounds per centum per annum and such interest shall be paid by the municipality to the Board accordingly. (6) For the purpose of this and the last preceding section the council of any municipality in the Latrobe Valley shall as and when required by the Board transmit to the Board an estimate of the amount which would be produced in the next financial year by a rate of such an amount in the pound as is specified in the request levied in the municipal district or subdivision (as the case may be) by way of a general rate. 912 1958. Latrobe Valley. No. 6290 (7) Any rate levied by a municipality pursuant to this section shall be additional to, and shall not be taken into account in determining, any maximum amount of rate prescribed under the Local Government Act 1958. (8) The Board may pay to any municipality such reasonable sum as the Board thinks fit towards the administrative expenses of the municipality under this section and uncollected rates. (9) In respect of the Yallourn works area the provisions of this and the last preceding section shall have effect as if the State Electricity Commission were the council of a municipality, except that— (a) the said Commission need not levy a rate but shall pay to the Board in accordance with the notice sent to it by the Board the amount set out in such notice; and (b) such amount shall be an amount estimated as being the sum that would be obtained from a rate at the amount in the pound specified in the notice on all properties within the Yallourn works area on the basis of such valuation as is agreed between the said Commission and the Board or as in default of agreement is determined by the Governor in Council.

Accounts to 53. The Board shall cause books to be provided and kept receipts and and true and regular accounts to be entered therein of— disbursements. NO. 5574 s. 37. (a) all sums of money received and paid for or on account of this Part; and (b) the several purposes for which such sums of money have been received and paid.

Baiance-aheet 54. (1) The Board shall as soon as practicable after the audit &c No. 5574 s. 38, thirtieth day of June in each year cause the accounts of the Board to be balanced and a revenue account a statement of receipts and payments and a balance-sheet to be prepared. (2) The balance-sheet and other accounts shall— (a) be in such form as the Auditor-General requires; and (b) show separately what sums (if any) have been paid or set aside for or towards maintenance depreciation interest and sinking or redemption fund. (3) The balance-sheet and other accounts shall be audited once at least in every year by the Auditor-General, who shall have in respect of such accounts all the powers conferred on him by any law for the time being in force relating to the audit of the public accounts. 1958. Latrobe Valley. No. 6290 913 (4) All expenses of and incidental to the audit shall be paid by the Board out of the fund. (5) The Board shall once at least in every year furnish to the Minister a true copy of the accounts so audited as aforesaid, together with a particular statement of the moneys received by the Board and of the expenditure thereof.

DIVISION 4. MISCELLANEOUS. 55. Any person or body of persons proposing to establish Details of re-establish or materially extend any industrial undertaking in the fnrd£?triian*'' Latrobe Valley which is likely to produce any waste which may taLauoh?** seep or flow or fall or pass by natural means into the Latrobe SUghedw River shall as prescribed by the by-laws submit to the Board a Board- plan showing the proposed site and extent of the premises and No-5574s-39- also a statement in writing of the probable quantity and probable physical chemical and bacteriological quality of every such waste and the proposed means of treatment or disposal thereof and such other matters as are prescribed by the by-laws. 56. (1) In the execution of this Part any person authorized inspections by the Board in that behalf whether generally or in any particular waste &c. case may at any reasonable time— No'sra9"** (a) enter any premises in the Latrobe Valley; !,3(2)(*)- (6) inspect and take samples of any waste therein; (c) inspect and take copies of or extracts from any records relating to any such waste; (d) make such enquiries as he considers necessary relating to any such waste; (e) inspect the meters instruments pipes and fittings for measuring and conveying water therein or for conveying waste therefrom. (2) Any person who— (a) obstructs or hinders any person authorized as aforesaid in the execution of his powers under this section; (b) fails or refuses to produce any such record or to answer any such enquiries as to any matter within his knowledge; or (c) makes any false answer to any such enquiries— shall be guilty of an offence against this Part. 57. Any person who in contravention of the by-laws Jg^,^ discharges any waste into the Latrobe River or into any place wa.steJntS. ° J ii-^n rii i Latrobe River or in any manner whereby it flows or seeps or falls or passes by contrary to natural means into or may flow or seep or fall or so pass into the NOISSM,.^. 914 1958. Latrobe Valley. No. 6290 Latrobe River shall be guilty of an offence against this Part and liable to a penalty of not more than Five hundred pounds and to a further daily penalty of not more than One hundred pounds.

Penalty for interfering 58. Every person who unlawfully injures or interferes with with works any works pipelines weirs reservoirs aqueducts sewers or drains of Ac No. 5574 or any part of the undertaking of the Board shall be liable to a s. 42; No. 5742 penalty of not more than Fifty pounds. 8.3(2) (I). Penalties. 59. Every person who contravenes or fails to comply with No. 5574 s. 43. any provision of this Part or of any regulation or by-law made under this Part shall be liable— (a) to the penalty expressly provided therefor; or (6) (if no penalty is expressly provided therefor) to a penalty of not more than Fifty pounds and to a further daily penalty of not more than Ten pounds.

Recovery and application of 60. Save as otherwise expressly provided— penalties. (a) all penalties imposed by this Part or by any by-law No. 5574 s. 44. or regulation thereunder may be recovered by the Board or by any person thereto authorized by it; (b) such penalties may be recovered from the person actually committing the offence or the person causing the commission of the offence or by whose order or direction the offence was committed; (c) all penalties when recovered shall be paid into the fund and applied to the purposes of this Part.

Recovery of 61. (1) Every penalty imposed upon any person by or under penalty not to prejudice right this Part shall be without prejudice to the right of the Board to to take other proceedings. recover from such person— No. 5574 s. 45. (a) any sum for damage sustained by the Board through his act or default; and (b) the costs and expenses incurred by the Board in remedying any such damage. (2) The payment of any such penalty shall not bar or affect the right of the Board to bring any action or to take any proceeding against such person.

Penalties, 62. The provisions of sections one hundred and fifty-five to procedure &c. No. 5574 s. 46. one hundred and fifty-eight, one hundred and sixty-seven to one hundred and seventy, one hundred and seventy-two to one hundred and seventy-eight and one hundred and eighty of the Sewerage Districts Act 1958 shall extend and apply for the purposes of this Part as if incorporated in this Division with such adaptations as 1958. Latrobe Valley. No. 6290 915 are necessary and in particular as if any reference therein to a Sewerage Authority were a reference to the Board and any reference therein to a sewerage district were a reference to the Latrobe Valley. 63. The provisions of Division four of Part V. and of sections Application three hundred and seventy-five to three hundred and seventy-eight Sf Water Aa. u onof and section three hundred and seventy-nine (except sub-section (2) £°fe I? thereof) of the Water Act 1958 shall extend and apply for the interfering purposes of this Part as if incorporated therein with such NO. 5742 s. s. adaptations as are necessary and in particular as if any reference therein to an Authority were a reference to the Board and any reference therein to a waterworks district were a reference to the Latrobe Valley. 64. The provisions of sections two hundred and ninety-six to ^"wsions three hundred and four and three hundred and six of and the Ninth %t i$«er2S. and Tenth Schedules to the Water Act 1958 shall extend and apply g£3Lrta8by for the purposes of this Part as if incorporated in this Part with NO. 5742 *. 10. such adaptations as are necessary and in particular as if any reference therein to a waterworks trust or an Authority were a reference to the Board.

65. (1) Subject to and for the purposes of this Part the By-laws- : Board may with the approval of the Governor in Council make N£s742iji.*3 by-laws for or with respect to— WUM. (a) the time and management of and the regulation of proceedings at meetings of the Board; (b) the management regulation and transaction of the business of the Board; (c) regulating the conduct of officers servants and workmen appointed employed or hired by the Board under and for the purposes of this Part; (d) the provision of superannuation allowances pensions annuities and gratuities for officers and employees of the Board and their dependants and the provision of long service leave with pay, or pay in lieu thereof, for officers and employes of the Board; (e) the mode of making and the form of and the management and carrying out of contracts; (/) preventing or regulating the discharge of waste into the Latrobe River or into any place or in any manner whereby it flows or seeps or falls or passes by natural means into or may flow or seep or fall or so pass into the Latrobe River; (g) prescribing standards of purity and temperatures of water for the purposes of this Part; 1958. Latrobe Valley. No. 6290 (h) preventing or regulating the discharge or deposit of any matter or substance into any pipeline weir reservoir aqueduct drain or sewer of the Board or into any place or in any manner whereby it flows or seeps or falls or passes by natural means or may flow or seep or fall or so pass into any such pipeline weir reservoir .aqueduct drain or sewer; (/) regulating the mode form strength material construction dimensions and arrangement of pipes and other works discharging waste to or supplying water from the works of the Board and the time of executing and the notice to be given for such works and the superintending thereof and the making good of ground displaced thereby and the inspection of all services whether within or outside any buildings at all reasonable times and requiring works to be executed by qualified or licensed persons only; (/) regulating the construction disposition custody and inspection of measuring or regulating devices; (&) fixing a scale of charges for waste received or for water supplied by measure and a minimum quantity of waste or water to be charged for; (/) preventing loss wasteful use or misuse of water supplied by the Board; (m) causing persons discharging waste to or receiving water from the works of the Board to keep their pipes and fittings in proper repair; (rc) preventing any tampering with or altering of such pipes or fittings without notice to the Board; (o) the repair of such pipes and fittings so as to prevent leakage or loss of water and the recovery of the cost of such repairs; (p) prescribing fees to be charged for tapping mains and for testing any meter where such testing is done at the request of the consumer and the meter is found to be registering correctly; (q) preventing any person from allowing any other person not having so agreed to discharge waste to or be supplied with water from the works of the Board and preventing any such last-mentioned person from so using any such water or so discharging any such waste; (r) prescribing the physical chemical and bacteriological quality of waste discharged into the works of the Board. 1958. Latrobe Valley. No. 6290 917 (s) protecting the undertaking of the Board from trespass or injury; (0 generally, the management and control of the undertaking of the Board; (M) any matter which by this Part is required or permitted to be prescribed by the by-laws. (2) By-laws under this section— (a) may apply to the whole or any particular part of the Latrobe River or Latrobe Valley or to the whole or any particular part of the undertaking of the Board or in respect only of any specified period or periods or day or days; (b) may for any contravention of or failure to comply with any by-law impose a penalty of not more than One hundred pounds and a further daily penalty of not more than Twenty pounds; (c) shall be published in the Government Gazette. (3) Without prejudice to any other method of revocation Revocations any by-law under this section may be revoked by Order of the by"law8- Governor in Council published in the Government Gazette.

66. (1) The Governor in Council may make regulations for Regulations, or with respect to prescribing any matter or thing authorized or No-5574 s-48- required to be prescribed by the regulations or necessary or expedient to be prescribed for the purposes of this Part. (2) All such regulations shall be published in the Publication of Government Gazette and shall be laid before both Houses of resula 0M" 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. 1958. Latrobe Valley. No. 0290 SCHEDULES.

FIRST SCHEDULE.

Number of Act. Title of Act. Extent of Repeal.

5416 Latrobe Valley Development Loan and The whole. Application Act 1949 5574 Latrobe Valley Drainage Act 1951 So much as is not already repealed. 5742 Latrobe Valley Water and Sewerage Act The whole. 1953

SECOND SCHEDULE. 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 Traralgon Creek; thence generally southerly along Traralgon Creek 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 Jeeralang; thence westerly along 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 of 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 of allotment 13; thence northerly along the western boundary of 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 of 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, 36, 18B, 21B, 21A, and 19, parish of Yinnar to the Morwell River; thence generally northerly along the Morwell River to the south-east angle of 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 of allotment 80 to the north-west angle of allotment 80A; thence across Government road to the south-east angle of allotment 60A; 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 500 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 links south from the northern boundaries of allotments 60A, 60B, 60C, 59, and 61, parish of Narracan South, to a point on the eastern boundary of allotment 50; thence southerly and westerly along the boundaries of allotments 50 and 39 to the south-west angle of allotment 39; thence across Government road to the 1958. Latrobe Valley. No. 6290

SECOND SCHEDULE—continued. .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, 23B, 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 B 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, 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 River 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; thence 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, County of Tanjil, 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. 920 1958. Latrobe Valley. No. 6290

SECOND SCHEDULE—continued. 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 25 B 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 to the Tyers River 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 5D 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 16B; thence generally southerly, easterly and northerly along the western and southern boundaries of allotment 16B, crossing Rintoul's 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 141c, crossing the Government road to the north-western angle of allotment 136D, 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 58DI, 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 29F, parish of Loy Yang, County of Buln Buln, point of commencement. 1958. Latrobe Valley. No. 6290 921

THIRD SCHEDULE. Section 15.

The Latrobe Valley. The municipal districts of the shires of Buln Buln, Mirboo, Morwell, Narracan, Rosedale, Traralgon and Warragul and the city of Sale, and the Yallourn works area.