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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 (1) The Acts mentioned in the First Schedule to the extent Repeal, thereby expressed to be repealed are hereby repealed accordingly, schedule. 890 1958.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or by necessary implication provided— (a) all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed; (b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect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.

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