Albury-Wodonga Agreement Act 1973 (Vic)
Version No. 023
Albury-Wodonga Agreement Act 1973
Act No. 8520/1973
Version incorporating amendments as at 1 January 1999
TABLE OF PROVISIONS
Section Page
1.Short title and commencement
2.Definitions
3.Ratification of Agreement
3A.Ratification of Amendment Agreement (No. 1)
3B.Ratification of Amendment Agreement (No. 2)
4.Powers—Development Corporation, Ministerial Council and Commonwealth Minister
5.Powers of Development Corporation
6.Arrangements between Governor in Council and Governor-General regarding officers and employees
7.Establishment of Albury–Wodonga (Victoria) Corporation
8.Corporation to hold property for the Crown
9.Membership of Albury–Wodonga (Victoria) Corporation
10.Vacancies
10A, 10B.Repealed
10C.Acting appointments
11.Procedure of Corporation
11A.Disclosure of interest by members
11B.Prohibition on use of information by member, officer or employee
12.Services of officers and employees
13.Corporation to comply with directions of Ministerial Council
14.Corporation to enter into arrangement with Development Corporation
15.Functions of Corporation
15A.Terms and conditions of sale of land by Corporation
16.Arrangement with other public authorities
17.Agreements with respect to certain works and services
18.Agreements between public authorities and the Corporation
19.Transfer of powers functions and duties to the Corporation
20.Delegation
21.Corporation authorised to borrow money
22, 23.Repealed
24.Report of operations
25.Regulations
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SCHEDULES
SCHEDULE 1—Albury–Wodonga Area Development Agreement
SCHEDULE 2—Albury–Wodonga Area Development Agreement Amendment Agreement (No. 1)
SCHEDULE 3—Albury–Wodonga Area Development Agreement Amendment Agreement (No. 2)
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 023
Albury-Wodonga Agreement Act 1973
Act No. 8520/1973
Version incorporating amendments as at 1 January 1999
An Act to make Provision with respect to the Growth and Development of the Wodonga Area, the Planning of the Area and the Establishment of the Albury–Wodonga (Victoria) Corporation and for other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by and 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.Short title and commencement
(1)This Act may be cited as the Albury–Wodonga Agreement Act 1973.
(2)The provisions of this Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
2.Definitions
(1)In this Act unless inconsistent with the context or subject-matter—
"agreement" means the agreement between the Commonwealth, the State of New South Wales and the State of Victoria set out in Schedule One;
"Albury–Wodonga area" has the same meaning as "the Area" has in the amended Agreement;
"amended Agreement" means the Agreement as amended by the agreement approved by section 3A and by any subsequent agreement between the Commonwealth, the State of New South Wales and the State of Victoria approved by Parliament;
"appointed member" means a member of the Corporation appointed by the Governor in Council;
"Chairperson" means the Chairperson of the Corporation;
"Commonwealth Act" means the Albury–Wodonga Development Act 1973 of the Commonwealth as amended and in force for the time being;
"Corporation" means the Albury–Wodonga (Victoria) Corporation established under section 7;
"Deputy Chairperson" means a Deputy Chairperson of the Corporation;
"designated area" means an area proclaimed under sub-section (2);
"Development Corporation" means the Albury–Wodonga Development Corporation referred to in the amended Agreement;
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"member" means a member of the Albury–Wodonga (Victoria) Corporation;
"Ministerial Council" means the Ministerial Council referred to in the amended Agreement;
"prescribed" means prescribed by regulations made under this Act;
"public authority" means any corporation board commission trust or other body corporate or unincorporate constituted by or under any Act but does not include a municipal council;
"Wodonga area" means such part of the Albury–Wodonga area as is in Victoria.
(2)The Governor in Council may prior to the 31st of August, 1974 by Order declare an area or areas wholly within the Wodonga area and described in the Order to be a designated area or designated areas for the purposes of this Act.
(3)The Governor in Council shall not exercise his power under sub-section (2) without the prior approval of the Governor-General and the Governor of the State of New South Wales.
3.Ratification of Agreement
The execution of the Agreement by the Honorable Rupert James Hamer, Premier of the State of Victoria, for and on behalf of the State of Victoria is hereby ratified and the Agreement is hereby approved and shall be given effect to.
3A.Ratification of Amendment Agreement (No. 1)
The execution of the Albury–Wodonga Area Development Agreement Amendment Agreement (No. 1) (a copy of which is set out in Schedule Two) by the Honorable Rupert James Hamer, Premier of the State of Victoria, for and on behalf of the State of Victoria is hereby ratified and that Agreement is hereby approved and shall be given effect to.
3B.Ratification of Amendment Agreement (No. 2)
The execution of the Albury–Wodonga Area Development Agreement Amendment Agreement (No. 2), a copy of which is set out in Schedule 3, is ratified and that Agreement is approved and must be given effect.
4.Powers—Development Corporation, Ministerial Council and Commonwealth Minister
(1)For the purpose only of giving effect to the amended Agreement the Development Corporation may—
(a)do in the State of Victoria all such acts matters and things as the amended Agreement permits or requires the Development Corporation to do; and
(b)exercise in the State of Victoria all such powers and authorities as may be necessary to enable the provisions of the amended Agreement to be carried out in their entirety.
(2)The Ministerial Council may exercise in the State of Victoria all such powers and authorities as may be necessary to enable the provisions of the amended Agreement to be carried out in their entirety.
(3)The Minister of the Commonwealth who is for the time being a member of the Ministerial Council may exercise in the State of Victoria all such powers and authorities as may be necessary to enable the provisions of the amended Agreement to be carried out in their entirety.
(4)This section shall come into operation on the day upon which a notice is published in the Australian Government Gazette that declares this Act to be complimentary to the Commonwealth Act.
5.Powers of Development Corporation[1]
The Development Corporation may—
(a)carry out investigations; and
(b)consult with authorities in or having responsibility for planning the Wodonga area; and
(c)advise the planning authorities, responsible authorities or the Minister administering the Planning and Environment Act 1987 on regional planning issues.
6.Arrangements between Governor in Council and Governor-General regarding officers and employees
(1)The Governor in Council may enter into an arrangement with the Governor-General making available the services of officers or employés of the public service or of a public authority to the Development Corporation.
(2)Any such arrangement may provide for the rate of payment to be made by the Development Corporation for the services performed by the officer or employé and any other matters which may require to be adjusted with regard to the performance of such services by the officer or employé.
7.Establishment of Albury–Wodonga (Victoria) Corporation[2]
(1)For the purposes of this Act there shall be established a body corporate to be called the Albury–Wodonga (Victoria) Corporation.
(2)The Corporation shall have perpetual succession and a common seal and shall be capable in law of suing and being sued and of purchasing taking holding selling leasing and taking on lease exchanging and disposing of real and personal property for the purposes of this Act and of doing and suffering all such acts and things as bodies corporate may by law do or suffer.
(3)All courts judges and persons acting judicially shall take judicial notice of the seal of the Corporation affixed to a document and shall presume that it was duly affixed.
8.Corporation to hold property for the Crown
(1)All property held by the Corporation shall be held by it on behalf of the Crown in right of the State of Victoria.
(2)Nothing in this section shall limit the right of the Corporation to sue for and recover any real and personal property in the name of the Corporation.
(3)Neither the Crown nor the Corporation shall by reason only of any prerogative right of the Crown have any priority of right to payment of any moneys payable to the Corporation.
(4)Except as otherwise provided by or under this or any other Act the Corporation in exercising its powers and in carrying out its duties and functions under this Act shall be subject to the laws of the State of Victoria.
9.Membership of Albury–Wodonga (Victoria) Corporation[3]
(1)The Corporation consists of—
(a)seven members appointed by the Governor in Council as follows—
(i)a Chairperson and two Deputy Chairpersons appointed in accordance with the Amended Agreement; and
(ii)four persons appointed on the recommendation of the Minister in accordance with the Amended Agreement; and
(b)the Chief Executive Officer for the time being of the Development Corporation.
(2)Each appointed member holds office—
(a)as a part time member; and
(b)for such period, not exceeding three years, as is specified in the instrument of appointment, and is eligible for re-appointment; and
(c)on such terms and conditions as are specified in the instrument of appointment; and
(d)on such other terms and conditions, not inconsistent with those referred to in paragraph (c), as are determined by the Ministerial Council.
(3)The Governor in Council may remove an appointed member from office.
(4)An appointed member may resign by writing delivered to the Governor in Council.
(5)An appointed member is not in respect of the office as member subject to the Public Sector Management and Employment Act 1998.
* * * * *
10.Vacancies
An appointed member ceases to be a member if he or she—
(a)is absent without permission of the Corporation from three consecutive meetings of the Corporation; or
(b)becomes bankrupt; or
(c)is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence;
* * * * *
* * * * *
10C.Acting appointments
(1)Where the Chairperson is unable, whether on account of illness or otherwise, to perform the duties of his office or there is a vacancy in the office of Chairperson, the Governor in Council may appoint a person to act as Chairperson during the period of inability or until the filling of the vacancy, as the case may be.
(2)Where a Deputy Chairperson is unable, whether on account of illness or otherwise, to perform the duties of his office or there is a vacancy in the office of a Deputy Chairperson or a Deputy Chairperson has been appointed to act as Chairperson, the Governor in Council may appoint a person to act as Deputy Chairperson during the period of inability or until the filling of the vacancy or while the Deputy Chairperson is acting as Chairperson, as the case may be.
(3)Where a part-time member is unable, whether on account of illness or otherwise, to perform the duties of his office or there is a vacancy in the office of a part-time member or a part-time member has been appointed to act as Chairperson or a Deputy Chairperson, the Governor in Council may appoint a person to act as a part-time member during the period of inability or until the filling of the vacancy or while the part-time member is acting as Chairperson or a Deputy Chairperson, as the case may be.
(4)Where pursuant to this section a person has been appointed to act as Chairperson, Deputy Chairperson or part-time member or while a Deputy Chairperson is acting as Chairperson or a part-time member is acting as Chairperson or a Deputy Chairperson, and the Chairperson, Deputy Chairperson or part-time member ceases to hold office without having resumed the performance of the duties of his office, the period of appointment of the person so appointed shall be deemed to continue until the appointment is terminated by the Governor in Council or until the expiration of a period of twelve months after the date on which the Chairperson, Deputy Chairperson or part-time member ceased to hold office (whichever first happens).
(5)In this Act, a reference to the Chairperson, a Deputy Chairperson or a member shall be taken to refer also to a person acting as Chairperson, Deputy Chairperson or member.
11.Procedure of Corporation
(1)At a meeting of the Corporation, the Chairperson or, in the absence of the Chairperson, such one of the Deputy Chairpersons as the appointed members present appoint, shall preside.
(2)A majority of the appointed members for the time being holding office constitute a quorum of the Corporation.
(3)Subject to the presence of a quorum the Corporation may act notwithstanding any vacancy in its membership.
(4)A question arising at a meeting of the Corporation shall be determined by a majority of the votes of the appointed members present and voting and in the event of an equality of votes the person presiding shall have an additional or casting vote.
(5)The Corporation shall hold such meetings as are necessary for the performance of its functions.
(6)The Chairperson or, if for any reason the Chairperson is unable to act, the Deputy Chairpersons acting jointly, may at any time convene a meeting of the Corporation.
(7)Subject to this Act, the Corporation may regulate its own proceedings.
11A.Disclosure of interest by members
(1)If a member has any direct or indirect pecuniary interest in any contract made or proposed to be made by the Corporation or in any other matter in which the Corporation is concerned and is present at a meeting of the Corporation at which the contract, proposed contract or other matter is being considered, he shall as soon as practicable declare his interest and leave the room until discussion on and voting on the contract, proposed contract or matter has concluded.
(2)A member shall not be entitled to vote on any question arising at a meeting of the Corporation in which he has a direct or indirect pecuniary interest and the vote of any member so interested shall be disallowed.
(3)A person who fails to comply with the provisions of sub-section (1) or (2) shall, unless he proves that he did not know—
(a)that he had a pecuniary interest in the contract, proposed contract or other matter; or
(b)that a contract, proposed contract or other matter in which he had a pecuniary interest was the subject of consideration at the meeting of the Corporation—
be guilty of an offence.
Penalty:$500.
(4)For the purposes of this section a person shall be deemed to have an indirect pecuniary interest in a contract, proposed contract or other matter, if—
(a)he or any nominee of his is a member of a company or other body with which the contract is made or is proposed to be made or which has a direct or indirect pecuniary interest in the other matter under consideration; or
(b)he is a partner of, or is in the employment of, a person with whom the contract is made or is proposed to be made or who has a direct or indirect pecuniary interest in the other matter under consideration.
(5)For the purposes of this section a person shall be deemed not to have a direct or indirect pecuniary interest in a contract, proposed contract or other matter insofar as the interest which that person has in such contract, proposed contract or other matter arises by reason only of the fact that that person is a ratepayer to the Corporation or a councillor of a municipality.
(6)In the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purposes of this section to be also an interest of the other spouse.
(7)A general notice given in writing to the chief administrative officer of the Corporation by a member to the effect that he or his spouse is a member of, or in the employment of, a specified company or other body, or that he or his spouse is a partner of, or in the employment of, a specified person, shall, unless and until the notice is withdrawn, be deemed to be a sufficient declaration of his interest in any contract made or proposed to be made with, or in any other matter relating to, that company or other body or person which may be the subject of consideration by the Corporation after the date of the notice.
(8)The chief administrative officer of the Corporation shall record in a book to be kept for the purpose particulars of any declaration made under sub-section (1) and of any notice given under sub-section (7) and the book shall be open at all reasonable hours to the inspection of any person on payment of such fees as may be determined by the Corporation from time to time.
(9)The Minister may, subject to such conditions as he may think fit to impose, remove any disability from taking part in any consideration or discussion of or voting on any question imposed by sub-section (1) or (2) in any case in which the number of members so disabled at any one time would be so great a proportion of the whole as to impede the transaction of business.
(10)The power of the Minister under sub-section (9) to remove any disability imposed by sub-section (1) or (2) shall include power to remove, either indefinitely or for any specified period, any such disability which would otherwise attach to a member or class of members by reason of such interests, and in respect of such matters, as may be specified by the Minister.
(11)Nothing in this section shall preclude any person from taking part in the consideration or discussion of, or voting on—
(a)any question whether the amount payable for goods or services previously supplied or provided under any contract should be paid from the funds of the Corporation; or
(b)any question whether an application should be made to the Minister for the exercise of the power conferred on him by sub-section (9).
(12)Notwithstanding anything to the contrary in sub-section (4)—
(a)that sub-section shall not apply to membership of any body or institution, whether incorporated or not, resulting from an appointment or nomination for appointment made by the council of a municipality;
(b)a member of a company or other body shall not, by reason only of his membership, be deemed to have an indirect pecuniary interest in a contract, proposed contract or other matter if he does not have a beneficial interest in any shares of that company or other body.
(13)Where a member is deemed to have an indirect pecuniary interest in any contract, proposed contract or other matter and would not be so deemed but for the fact that he has a beneficial interest in shares of a company or other body, then if the total nominal value of those shares does not exceed $1000 or 1/100th of the total nominal value of the issued share capital of the company or other body (whichever is the less) so much of sub-sections (1) and (2) as precludes him from taking part in the consideration or discussion of, or voting on, any question with respect to the contract proposed contract or other matter shall not apply to him.
(14)Where the share capital of a company or other body is of more than one class, sub-section (13) shall not apply if the total nominal value of all the shares of any one class in which a member has a beneficial interest exceeds 1/100th of the total nominal value of the issued share capital of that class of the company or other body.
(15)In this section the expression "shares" includes stock and the expression "share capital" shall be construed accordingly.
11B.Prohibition on use of information by member, officer or employee
A member officer or employé of the Corporation shall not make improper use of information acquired by him by virtue of his office as member or position as officer or employé to gain directly or indirectly an advantage for himself or for any other person or to cause detriment to the Corporation.
Penalty:$1000.
12.Services of officers and employees
(1)For the purposes of this Act the Minister with the consent of the Minister administering any government department may make use of the services of any officer or employé employed in such other department.
(2)For the purposes of this Act the Corporation may enter into an agreement with any public authority established by or under the law of Victoria New South Wales or the Commonwealth with respect to the use by the Corporation of the services of any officer or employé employed by that public authority.
13.Corporation to comply with directions of Ministerial Council
The Corporation shall comply in all respects with the provisions of the amended Agreement and in exercising its powers shall except as provided in section 21 be subject to the direction and control of the Ministerial Council.
14.Corporation to enter into arrangement with Development Corporation
The Corporation shall at the request of the Development Corporation enter into an arrangement or arrangements with the Development Corporation providing for the Development Corporation to carry out or to make provision with respect to the carrying out of works (including the erection alteration and repair of buildings and the provision of services) on land vested in or under the control of the Corporation in the designated areas or on land vested in the Corporation outside the designated areas or of works which the Corporation has undertaken or is empowered to carry out pursuant to an agreement with a public authority or a municipal council.
15.Functions of Corporation
(1)Subject to this Act the Corporation shall have power to do all things necessary or convenient to be done to encourage and assist development in designated areas and without limiting the generality of the foregoing shall have power—
(a)to purchase land in designated areas;
(b)with the consent of the Minister for the time being administering the Conservation, Forests and Lands Act 1987, purchase or acquire any Crown lands;
(c)to take land on lease;
(d)to subdivide and re-subdivide land;
(e)to sell land;
(f)to grant leases of land subject to prescribed terms and conditions (if any) and any other terms and conditions the Corporation thinks fit;
(g)to grant and reserve easements;
(h)to exchange any land purchased or acquired by the Corporation for any other land and to give and receive consideration in respect of such exchange;
(i)to close any street or road or part of any street or road;
(j)to extinguish easements and restrictive covenants;
(k)to set out and construct streets roads lanes footpaths and passageways;
(l)to carry out any works and operations deemed necessary for the purpose of rendering land suitable for development;
(m)to construct sewers, pumping stations, pipelines, reservoirs, storage tanks, sewage treatment plants, drains and any works for the purposes of water supply sewerage or drainage;
(n)to make provision with respect to pipes wires tunnels conduits poles posts and fixtures on over or under any land with respect to the supply of electricity gas or other services;
(o)to erect alter repair and renovate buildings and make other improvements to land purchased or acquired by the Corporation;
(p)to grant or to create in favour of any person any easement over land purchased or acquired by the Corporation for such payment and on such terms and conditions as the Corporation thinks fit;
(q)to enter into arrangements and agreements with any public authority in relation to the provision of works and services;
(r)to set apart any land for gardens parks open spaces or places of recreation;
(s)to set apart for conservation areas of natural beauty or interest or of other significance;
(t)to maintain and manage land, works, structures and other property; and
(u)subject to the approval of the Minister, enter into agreements with other persons with respect to the subdivision, re-subdivision, development, redevelopment or to the carrying out of works and improvements on and to land vested in the Corporation.
(2)Notwithstanding anything in any other Act the Governor in Council is hereby empowered to grant any Crown land to the Corporation at such price (if any) and on such terms and conditions as the Governor in Council thinks fit.
(3)Crown land may be acquired by the Corporation under paragraph (b) of sub-section (1) notwithstanding—
(a)that it is reserved from sale for any public purpose under any Act; or
(b)that it is reserved or proclaimed as a road street or highway under any Act—
and on the acquisition thereof by the Corporation any such reservation or proclamation shall thereupon be revoked.
(4)In exercising any power under sub-section (1) the Corporation may impose such terms conditions restrictions limitations and exceptions as the Corporation thinks fit.
(5)The Corporation must comply with the Subdivision Act 1988.
(6)The Corporation may exercise its powers and carry out its functions in relation to lands purchased or acquired under the Wodonga Area Land Acquisition Act 1973 prior to the commencement of the Wodonga Area Land Acquisition (Amendment) Act 1974 which are not in a designated area as if such lands were designated areas and sub-section (12) shall not operate to exempt the Corporation from any requirement to obtain permission under the Building Act 1993 or regulations made under that Act or to comply with the provisions of any local law of the municipal council with respect to the erection demolition removal repair or maintenance of any house building or other erection on any such lands.
(7)Before any land is subdivided or any roads are set out in a designated area the Corporation shall consult any public authority which provides or is empowered to provide any services in the vicinity of the designated area in relation to the provision of such services.
(8)At least 60 days before commencing any work of water supply or sewerage under paragraph (m) of sub-section (1) the Corporation shall submit plans and specifications of the proposed work to any relevant Authority within the meaning of the Water Act 1989.
(9)At least 60 days before commencing the construction of any road street lane or passage the Corporation shall submit plans and specifications of the proposed work to the Roads Corporation and the Country Fire Authority.
(10)The provisions of section 16(1)(b), (4), (5), (6) and (7) of the Housing Act 1983 with such adaptations as are necessary shall extend and apply to and in relation to the closing of any street or any part of any street or the extinguishment of any easement or restrictive covenant by the Corporation and for the purposes of this section shall be read and construed as if any reference to the "Director" were a reference to the Corporation.
(11)The provisions of section 16(2) and (3) of the Housing Act 1983 with such adaptations as are necessary shall extend and apply to and in relation to the creation of an easement of a type set out in that section and for the purposes of this section the said section shall be read and construed as if any reference to the "Director" were a reference to the Corporation.
(12)Until regulations are made under this Act specifying building standards the Corporation shall (unless exempted therefrom in a particular case by the Ministerial Council) comply with the provisions of regulations made under Part 2 of the Building Act 1993 in so far as such regulations directly impose standards of construction but shall not be required to obtain any permission under that Act or the regulations or to comply with the provisions of any local law of a municipal council with respect to the erection demolition removal repair or maintenance of any house building or other erection.
(13)Lands acquired under the Wodonga Area Land Acquisition Act 1973 by the Minister administering that Act shall be deemed to be unalienated lands of the Crown and shall—
(a)if such lands are acquired prior to the establishment of the Corporation, be granted to the Corporation as soon as is practicable after its establishment;
(b)if such lands are acquired on or after the establishment of the Corporation, be granted to the Corporation as soon as is practicable after they have been acquired.
(14)Where the Registrar of Titles is satisfied that property registered under the Transfer of Land Act 1958 has been vested in the Corporation by virtue of this Act he shall on the payment of a fee of $4 give effect in the Register to such vesting by registering the Corporation as proprietor of such property.
15A.Terms and conditions of sale of land by Corporation
(1)To ensure that land is developed and used in such a way as will best attain the objects of this Act, where the Corporation sells any land the Corporation may sell the land subject to terms and conditions relating to the development, redevelopment or use of the land by the purchaser and to such other terms and conditions as the Corporation thinks fit.
(2)Where the Corporation sells any land on terms and conditions relating to the development, redevelopment or use of the land by the purchaser, the Corporation may sell the land subject to a covenant by the purchaser which binds the purchaser as to the manner and method of development or redevelopment and the time within which the land will be used or with respect to both the development or redevelopment and use of the land.
(3)Where a covenant has been entered into by a purchaser pursuant to sub-section (2)—
(a)the covenant shall be included in any conveyance or transfer of the land;
(b)any transfer or conveyance containing a covenant may be registered under the Transfer of Land Act 1958 and the covenant shall be recorded on the relevant folio of the Register;
(c)upon the making of a recording of the covenant on the relevant folio of the Register under the Transfer of Land Act 1958, the covenant shall run with the land conveyed or transferred, shall bind the successors and assigns of the purchaser and shall be enforceable by the Corporation as if it were a restrictive covenant notwithstanding that it may be positive in nature or that it is not for the benefit of any land of the Corporation;
(d)the covenant may be released by the Corporation or varied by an agreement between the Corporation and all persons interested in the land burdened by the covenant;
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(f)where the covenant has been varied or released—
(i)the Registrar of Titles must, on the receipt of an application in that behalf, make any recordings in the Register that are necessary in consequence of that variation or release; and
(ii)no variation of the covenant shall be of any force or effect until the Registrar of Titles has made the necessary recordings pursuant to sub-paragraph (i).
(4)Where it appears to the Corporation that the purchaser of the land or the purchaser's successors or assigns has or have failed to develop, redevelop or use the land or any part of the land in accordance with a covenant referred to in sub-section (3), the Corporation may give notice to any person for the time being entitled to the land or any part of the land of its intention to apply to the Supreme Court for an order transferring all interests in the land or any specified part of the land to the Corporation.
(5)Where the Corporation applies to the Supreme Court for the transfer of all interests in the land or any specified part of the land, the Court may if it considers that there has been a failure to comply with the covenant make an order that the land or such part of the land as is specified in the order be transferred to and vested in the Corporation, and may specify such conditions in relation to the transfer and vesting as it thinks fit.
(6)The consideration to be paid by the Corporation where any land is transferred to and vested in it under sub-section (5) shall be assessed at an amount equivalent to the value of the land, but no account shall be taken of any increase in value of the land which is attributable to the carrying out of any development or redevelopment in contravention of the requirements of the Corporation or of any covenant on the land or to any prospect of carrying out any development or redevelopment.
(7)A contract for the sale of land made pursuant to this Act shall not include a covenant unless the covenant is approved or is in a form approved by the Minister.
(8)The amendment of this section by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of a covenant entered into under this section and registered under the Property Law Act 1958 and existing immediately before the commencement of that section 24.
16.Arrangement with other public authorities
The Corporation is empowered to enter into an arrangement or agreement with any public authority constituted under the law of Victoria or of New South Wales or of the Commonwealth whereby—
(a)that public authority shall act as agent of the Corporation for the purposes of this Act; or
(b)whereby the Corporation shall act as agent for that public authority for the purposes of this Act—
on such terms and conditions as are agreed upon between the Corporation and the public authority.
17.Agreements with respect to certain works and services
(1)The Corporation may for the purposes of this Act enter into any agreement with any person or body with respect to construction or improvement of roads, works for supply of water, gas or electricity or sewerage or drainage works or the provision of any services.
(2)An agreement under this section may provide for—
(a)the whole or part of the works to be undertaken by the Corporation;
(b)the whole or any part of the cost of the works to be paid by the Corporation;
(c)a loan to be made by the Corporation to meet the whole or any part of the cost of the works;
(d)the Corporation to pay the costs of providing any services during a specified period.
18.Agreements between public authorities and the Corporation
Notwithstanding anything in any Act any public authority established by or under the law of Victoria is hereby authorized and empowered to enter into agreements for the purposes of this Act with the Albury–Wodonga (Victoria) Corporation and the Development Corporation and may do or suffer anything necessary or expedient for carrying any such agreement into effect.
19.Transfer of powers functions and duties to the Corporation
(1)The Corporation may request any municipal council the municipal district or part of the municipal district of which is in a designated area to agree to transfer all or any of its powers functions and duties under the Local Government Act 1989 (other than its powers to borrow money under Part 7 of that Act) in relation to that designated area to the Corporation for a specified period.
(2)Notwithstanding anything in any Act the municipal council is hereby authorized and empowered to enter into an agreement under this section and may do or suffer anything necessary or expedient for carrying any such agreement into effect.
(3)Where the Corporation requests a council to enter into an agreement under this section and the council refuses to do so or where the Corporation and the council fail to agree as to the terms of the agreement, the Corporation or the council may refer the matter to the Minister administering the Local Government Act 1989.
(4)The Minister may refer the matter to the Governor in Council who may specify the terms which will apply between the parties.
(5)Where the council delegates its power to make and levy rates in a designated area to the Corporation—
(a)it may be a condition of the agreement that the council receive from the Corporation in each year an amount equal to the rates collected by the council in the last year before it entered into the agreement or such other amount as the council thinks fit;
(b)the persons entitled to be enrolled upon the voters' roll for the municipal district in respect of any property within the designated area shall thereupon cease to be so entitled.
(6)The provisions of the Local Government Act 1989 with such adaptations as are necessary shall apply to and in relation to the exercise of powers or the carrying out of duties and functions delegated to the Corporation under this section as if the Corporation were a municipal council and the designated area were its municipal district.
(7)Where the Corporation is exercising any power or carrying out any function or duty which it is authorized to exercise or carry out under this Act and is also authorized to exercise or carry out as a delegate of a council it shall be deemed to be exercising that power or carrying out that function or duty under this Act and not as a delegate.
(8)Where a council transfers any power function or duty to the Corporation under this section it shall thereupon cease to be under any obligation in relation thereto.
20.Delegation
(1)The Corporation may, either generally or in relation to a matter or class of matters, by writing under its seal, delegate to a member or officer of the Corporation any of its powers under this Act (except this power of delegation).
(2)A power so delegated may be exercised by the delegate in accordance with the instrument of delegation.
(3)A delegation under this section is revocable at will and no delegation prevents the exercise of any powers by the Corporation.
21.Corporation authorised to borrow money
(1)The Corporation is authorized with the prior approval in writing of the Treasurer to borrow money upon such terms and conditions only as the Treasurer approves.
(2)The Treasurer with the approval of the Governor in Council may execute in favour of any institution person or body lending money to the Corporation a guarantee for the repayment thereof.
(3)Any sums required by the Treasurer of Victoria in fulfilling any guarantee given by this Act shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any sums received or recovered by the said Treasurer from the Corporation or otherwise in respect of any sums so paid by the Treasurer shall be paid into the Consolidated Fund.
(4)Before a guarantee is given by the Treasurer under this section the Corporation shall give to the Treasurer such securities as the Treasurer requires and shall execute all such instruments as are necessary for that purpose.
(5)The Corporation shall apply and use all moneys borrowed under the power conferred by this section for the purposes of carrying this Act into effect.
* * * * *
24.Report of operations
(1)The Corporation must give the Minister, as soon as is reasonably practicable after the 30th day of June in each year—
(a)if the Corporation, the Development Corporation and the Albury–Wodonga (New South Wales) Corporation have jointly prepared a report of their operations in the financial year ending on that day, a copy of that report; or
(b)if no such joint report is to be prepared, a report of the operations of the Corporation in that year.
(2)The Minister must cause a copy of each report given to him or her under this section to be laid before each House of Parliament as soon as is reasonably practicable.
25.Regulations
The Governor in Council may make regulations for or with respect to any matter or thing authorized or required to be prescribed by this Act or necessary to be prescribed for carrying into effect the purposes of this Act.
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SCHEDULES
SCHEDULE ONE
ALBURY–WODONGA AREA DEVELOPMENT AGREEMENT
Preamble.
PART I—GENERAL
Clause 1. Definitions
Clause 2. Commencement
Clause 3. Albury–Wodonga Area
PART II—ORGANIZATION
Clause 4. Ministerial Council
Clause 5. Development Corporation
Clause 6. Staff of Development Corporation
Clause 7. State Corporations
Clause 8. Consultative Council
PART III—DEVELOPMENT PLAN AND GENERAL FINANCIAL ARRANGEMENTS
Clause 9. Development Plan and Financial Programme
Clause 10. Operating expenses of Development Corporation
Clause 11. Accounts of Corporations
Clause 12. Revenue and repayments of Loans
PART IV—RESPONSIBILITY FOR ASSETS
Clause 13. Responsibility of Corporations for Sites and Buildings
_______________
AN AGREEMENT (to be called the "Albury–Wodonga Area Development Agreement") made this twenty-third day of October One thousand nine hundred and seventy-three BETWEEN THE COMMONWEALTH OF AUSTRALIA of the first part, THE STATE OF NEW SOUTH WALES of the second part and THE STATE OF VICTORIA of the third part.
WHEREAS the Australian, New South Wales and Victorian Governments have agreed that a new growth complex should be developed, as a joint project, in the Albury–Wodonga Area and that amenities and services should be provided to foster and serve that growth complex;
AND WHEREAS the intentions of the three Governments are—
that a development corporation will bring about in the area, by the development of the growth complex, the creation of a city with a high quality of environment, appropriately planned and developed having full regard to human requirements and the involvement of the public; and
that that development corporation will involve, as far as possible, the established Australian, State and Local Government authorities in the development of the growth complex:
NOW IT IS HEREBY AGREED by and between the parties to this agreement as follows:
PART I—GENERAL
1.In this agreement, unless the contrary intention appears—
"Approved Albury–Wodonga Development Plan" means a plan approved by the Ministerial Council in accordance with sub-clause (6) of clause 9 hereof;
"Approved Financial Programme" means a financial programme approved by the Ministerial Council in accordance with sub-clause (6) of clause 9 hereof;
"Australia" means the Commonwealth of Australia; and
"Australian" is used in a corresponding sense;
"designated area" means a designated area the boundaries of which are declared pursuant to sub-clause (4) of clause 3 hereof;
"financial year" means a period of twelve months ending the thirtieth day of June;
"Land" includes an interest in Land;
"State Act" means the Act of the Parliament of the State of New South Wales or the Parliament of the State of Victoria approving this agreement and, if amended, includes each of those Acts as amended and "State Acts" means both such Acts;
"State Corporation" means the Albury–Wodonga (New South Wales) Corporation or the Albury–Wodonga (Victoria) Corporation referred to in clause 7 hereof and includes any corporation succeeding either of those corporations; and
"State Corporations" means both those corporations including any of their successors;
"State Minister" means the New South Wales Minister or the Victorian Minister who is a member of the Ministerial Council;
"the Area" means the Albury–Wodonga Area defined in clause 3 hereof;
"the Australian Act" means the Act of the Australian Parliament approving this agreement and includes that Act as amended;
"the Australian Minister" means the Australian Minister who is a member of the Ministerial Council;
"the Development Corporation" means the Albury–Wodonga Development Corporation constituted by the Australian Act and includes any corporation succeeding that corporation;
"the growth complex" means the integrated urban complex to be developed by the extension of existing urban areas of Albury and Wodonga and the creation of new urban areas within the Area;
"the Ministerial Council" means the Ministerial Council provided for in clause 4 hereof.
2.(1) This agreement, other than this sub-clause and sub-clauses (2), (5) and (6) of this clause, shall have no force or effect and shall not be binding on any of the parties hereto unless and until it is approved by the respective Parliaments of Australia, the State of New South Wales and the State of Victoria, but upon being so approved by those Parliaments, it shall be of full force and effect and binding on the parties.
(2)The Australian, New South Wales and Victorian Governments will submit this agreement for approval to their respective Parliaments as soon as practicable after the date of this agreement.
(3)(a) Australia shall—
(i)provide for the execution by it of its obligations;
(ii)secure the execution by the Development Corporation of its obligations—
arising pursuant to this agreement.
(b)Each of the States shall—
(i)provide for the execution by it of its obligations;
(ii)secure the execution by the State Corporation constituted by legislation of the State of its obligations—
arising pursuant to this agreement.
(4)Each party hereto undertakes to use its best endeavours to secure, as a joint project, the development of the growth complex in the Area in accordance with the intentions of the three Governments expressed in the preamble hereto and from time to time to submit legislation and to take administrative action appropriate to enable the achievement of that purpose.
(5)The Australian Government agrees to include in the legislation submitted to the Australian Parliament for the approval of this agreement provisions—
(a)constituting the Development Corporation and conferring on it, for the purposes of Australia, functions and powers appropriate to the purposes of this agreement;
(b)covering the exercise of the functions and powers of the Development Corporation and the discharge of its obligations under this agreement;
(c)covering the staff of the Development Corporation, its accounts and reports and other appropriate incidental matters.
(6)The Government of each of the States agrees to include in the legislation submitted to the Parliament of the State for the approval of this agreement provisions in such form as will enable the Development Corporation in accordance with this agreement—
(a)to consult with planning authorities and to carry out investigations and to prepare non-statutory plans for the purpose of co-ordinated planning in the Area;
(b)to prepare, to supervise and to carry out statutory planning schemes and orders in the designated areas within the State; and
(c)to carry out and to supervise development (including construction) in that part of the Area within the State—
for the purpose of giving effect to this agreement.
3.(1) For the purposes of this agreement, the Albury–Wodonga Area means an area of land in the State of New South Wales and the State of Victoria approximately five thousand (5000) square kilometres in total extent contained within the boundaries set out in sub-clause (2) of this clause.
(2)The boundaries referred to in sub-clause (1) of this clause are lines commencing and running as follows:
Commencing at the intersection of the western boundary of the Shire of Chiltern and the boundary of the States of Victoria and New South Wales thence southerly by the western boundaries of the Shires of Chiltern and Beechworth and easterly by the southern boundary of the last-mentioned shire to its junction with the Shires of Myrtleford and Yackandandah, thence easterly in a direct line to the most southerly corner of Crown allotment 5, section 13, Parish of Dederang.
Thence northerly by the western boundary of Crown allotment 5, a line across a Government road and the western boundary of Crown allotment 4, thence westerly and northerly by a southern and western boundary of Crown allotment 2, thence northerly along a line to House Creek.
Thence generally easterly and north-easterly by House Creek to the western boundary of Crown allotment 6, section B thence northerly north-easterly and northerly by the western boundaries of Crown allotment 6 and Crown allotment 5, section B, and a line across a Government road to the northern boundary of the Parish of Dederang, thence by that boundary south-easterly, northerly, easterly, south-easterly, north-easterly and easterly to the Kiewa River.
Thence further northerly by the Kiewa River to a point in line with the southern boundary of Crown allotment 7, section M Parish of Gundowring, thence easterly by a line across a river reserve and Crown land and along the southern boundaries of Crown allotment 7, and across a Government road, Crown allotment 8, Crown allotment 8A and a further line across a Government road.
Thence easterly, southerly and easterly along the southern boundary of Crown allotment 4 and continuing easterly to the eastern boundary of the Shire of Yackandandah, thence northerly by that boundary to the southern boundary of the Parish of Bolga.
Thence generally easterly by that parish boundary to the Mitta Mitta River.
Thence northerly by the Mitta Mitta River to the southern boundary of the Parish of Bullioh, thence generally easterly and northerly by the southern and eastern boundaries of the Parishes of Bullioh and Bungil to the most northerly boundary of the last-named Parish and thence westerly by that boundary to the boundary between the States of Victoria and New South Wales.
Thence north-westerly by the States' boundary to a point in line with the eastern boundary of the Parish of Wagra, County of Goulburn thence generally northerly by a line to the boundary of that Parish.
Thence generally northerly and north-westerly by part of the boundary of that Parish to its intersection with the most eastern boundary of the Parish of Mullanjandra.
Thence by part of the boundary of that Parish generally northerly, north-westerly and south-westerly to its intersection with the generally north-eastern boundary of the Parish of Yambla.
Thence by that boundary generally north-westerly to its intersection with the generally eastern boundary of the Parish of Gerogery.
Thence by part of that boundary generally northerly to its intersection with the generally southern boundary of the Parish of Castlestead, County of Hume.
Thence generally northerly and westerly by the generally eastern and northern boundaries of that Parish to the north-western corner of portion 115 being also a point on the generally northern boundary of the Shire of Hume.
Thence by part of the boundary of that Shire generally south-westerly to its intersection with the generally eastern boundary of the Parish of Burrumbuttock.
Thence generally westerly by the generally northern boundary of that Parish to the south-west corner of portion 88 Parish of Hindmarsh, County of Hume.
Thence by part of that boundary of that Shire of Hume generally north-westerly to its northern-most intersection with the generally northern boundary of the Parish of Goombargana.
Thence by part of the boundary of that Parish generally south-westerly and southerly to its intersection with the generally northern boundary of the Parish of Richmond.
Thence southerly by part of the most western boundary of the aforesaid Shire of Hume to its intersection with the generally southern boundary of the Parish of Richmond.
Thence by part of that boundary of that Parish generally easterly to its intersection with the generally western boundary of the aforesaid Shire of Hume.
Thence by part of that boundary of that Shire generally southerly to its intersection with the northern-most boundary of the Parish of Quat Quatta.
Thence by part of the boundaries of that Parish westerly and southerly to its intersection with the generally southern boundary of the Parish of Kentucky.
Thence again on the west by part of the boundary of the aforesaid Shire of Hume generally southerly to its intersection with the boundary between the States of New South Wales and Victoria.
Thence generally easterly and south-easterly by the States boundary to the point of commencement.
(3)A reference in the previous sub-clause to a boundary of a County, Shire, Parish, Crown Allotment or section is a reference to the boundary as it exists at the date of this agreement.
(4)For the purposes of this agreement, a designated area is land within the Area specified or described in a declaration on or before the thirtieth day of June One thousand nine hundred and seventy-four and to be known by a name (if any) specified in that declaration.
(5)A declaration pursuant to sub-clause (4) of this clause is a declaration by proclamation—
(a)in the case of land in the State of New South Wales, by the Governor of that State with the prior approval of the Governor-General and the Governor of the State of Victoria;
(b)in the case of land in the State of Victoria, by the Governor of that State with the prior approval of the Governor-General and the Governor of the State of New South Wales.
(6)In sub-clause (5) of this clause—
(a)a reference to the Governor-General is a reference to the person who is, at the date of the giving of the relevant approval, the Governor-General of Australia, or the person administering the Government of Australia, acting with the advice of the Federal Executive Council;
(b)a reference to the Governor of the State of New South Wales is a reference to the person who is, at the date of the relevant proclamation or the giving of the relevant approval as the case may be, the Governor of that State, or the person lawfully administering the Government of New South Wales, acting with the advice of the Executive Council of that State; and
(c)a reference to the Governor of Victoria is a reference to the person administering the Government of Victoria with the advice of the Executive Council of that State at the date of the relevant proclamation or the giving of the relevant approval, as the case may be.
PART II—ORGANIZATION
4.(1) For the purposes of this agreement there shall be a Ministerial Council consisting of three members—an Australian Minister, a New South Wales Minister and a Victorian Minister.
(2)(a) The members of the Ministerial Council will be the Australian Minister for Urban and Regional Development, the New South Wales Minister for Decentralization and Development and the Victorian Minister for State Development and Decentralization.
(b)Notwithstanding the immediately preceding paragraph, a Government may arrange with the other two Governments for a Minister holding another portfolio in that Government to be its representative on the Ministerial Council.
(3)In sub-clause (2) of this clause a reference to a Minister who is a member of the Ministerial Council is a reference to a person who is, at the relevant time, that Minister and includes a Minister for the relevant time being, acting for and on behalf of such a person.
(4)The Ministerial Council has, subject to and for the purposes of this agreement—
(a)the function of generally supervising the development of the growth complex;
(b)such other functions as are given to it by this agreement or by or under the Australian Act or a State Act.
(5)The Ministerial Council shall meet at such times as it sees fit and shall, subject to this agreement, determine its own procedure.
(6)A resolution before the Ministerial Council will be carried if, and only if, all three members vote in favour of it.
(7)Each of the members of the Ministerial Council shall be informed forthwith in writing of each of the decisions made at meetings of the Development Corporation.
5.(1) The Albury–Wodonga Development Corporation will be a corporation aggregate consisting of five members of whom three—the Chairman and the two Deputy Chairmen—will be executive members and two will be part-time members, appointed by the Governor-General, or the person who is at the date of the relevant appointment the person administering the Government of Australia, acting with the advice of the Federal Executive Council, and holding office—
(a)on such terms and conditions as are set out in the Australian Act; and
(b)subject to that Act, such other terms and conditions as are determined from time to time by the Ministerial Council.
(2)The Chairman will be appointed on the recommendation of the Australian Minister and, subject to any provisions in the Australian Act concerning his removal from office, will hold office for such period not exceeding seven years as is specified in the instrument of his appointment and will be eligible for reappointment.
(3)Each Deputy Chairman will be appointed on the recommendation of the Australian Minister, one on the nomination of each State Minister and, subject to any provisions in the Australian Act concerning his removal from office, will hold office for such period not exceeding five years as is specified in the instrument of his appointment and will be eligible for reappointment.
(4)Each of the two part-time members, representing the State of New South Wales and the State of Victoria respectively, will be appointed on the recommendation of the Australian Minister—
(a)following upon his election in accordance with electoral arrangements to be determined by the Ministerial Council; but
(b)until such electoral arrangements have been made and brought into operation, following upon his selection by the Ministerial Council from a group of persons nominated on a basis to be determined by the Ministerial Council by the Council of the City of Albury, the Council of the Rural City of Wodonga, the Council of the United Shire of Beechworth, the Towong Shire Council, the Hume Shire Council, the Yackandandah Shire Council and the Chiltern Shire Council respectively.
(5)The executive members will be responsible for the detailed day-to-day management and activities of the Development Corporation.
Local Government (Consequential Provisions) Act 1989, No. 12/1989
(as amended by No. 13/1990)
Assent Date: 9.5.89 Commencement Date: S. 4(1)(Sch. 2 items 4.1–4.10) on 1.11.89: Government Gazette 1.11.89 p. 2798 Current State: This information relates only to the provision/s amending the Albury–Wodonga Agreement Act 1973
Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date: 16.5.89 Commencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488 Current State: All of Act in operation
Transport (Amendment) Act 1989, No. 44/1989
Assent Date: 6.6.89 Commencement Date: S. 41(Sch. 2 item 1) on 1.7.89: s. 2(1) Current State: This information relates only to the provision/s amending the Albury–Wodonga Agreement Act 1973
Albury–Wodonga Agreement (Amendment) Act 1991, No. 88/1991
Assent Date: 10.12.91 Commencement Date: 17.2.92: Government Gazette 12.2.92 p. 314 Current State: All of Act in operation
Building Act 1993, No. 126/1993
Assent Date: 14.12.93 Commencement Date: S. 264(Sch. 5 item 1) on 1.7.94: Special Gazette (No. 42) 1.7.94 p. 1 Current State: This information relates only to the provision/s amending the Albury–Wodonga Agreement Act 1973
Albury–Wodonga Agreement (Amendment) Act 1994, No. 3/1994
Assent Date: 27.4.94 Commencement Date: 27.4.94: s. 2 Current State: All of Act in operation
Financial Management (Consequential Amendments) Act 1994, No. 31/1994
Assent Date: 31.5.94 Commencement Date: S. 3(Sch. 1 item 3) on 7.7.94: Government Gazette 7.7.94 p. 1878–see Interpretation of Legislation Act 1984 Current State: This information relates only to the provision/s amending the Albury–Wodonga Agreement Act 1973
Water (Further Amendment) Act 1994, No. 49/1994
Assent Date: 7.6.94 Commencement Date: S. 9(7) on 1.7.94 s. 2(4) Current State: This information relates only to the provision/s amending the Albury–Wodonga Agreement Act 1973
Equal Opportunity Act 1995, No. 42/1995
Assent Date: 14.6.95 Commencement Date: S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2931; Sch. 2 item 4 on 1.1.96: Government Gazette: 21.12.95 p. 3571 Current State: This information relates only to the provision/s amending the Albury–Wodonga Agreement Act 1973
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) Current State: This information relates only to the provision/s amending the Albury–Wodonga Agreement Act 1973
Transfer of Land (Single Register) Act 1998, No. 85/1998
Assent Date: 17.11.98 Commencement Date: S. 24(Sch. item 2) on 1.1.99: s. 2(3) Current State: This information relates only to the provision/s amending the Albury–Wodonga Agreement Act 1973
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3. Explanatory Details
[1] S. 5: Section 13 of the Albury–Wodonga Agreement (Amendment) Act 1991, No. 88/1991 reads as follows:
13.Transitional provisions–planning schemes
(1)In this section—
"Minister" means the Minister administering the Planning and Environment Act 1987;
"Wodonga area" has the same meaning as in the Principal Act;
"Wodonga Development Areas Planning Scheme" means the planning scheme for the area referred to in section 5(1)(a) of the Principal Act as in force immediately before the commencement of this section.
(2)Subject to this section and the Planning and Environment Act 1987—
(a)the Wodonga Development Areas Planning Scheme continues to have the same operation and effect as it would have had if this Act had not been enacted; and
(b)the responsible authority for the administration and enforcement of that scheme in relation to land within a municipal district is—
(i)the municipal council of that district; or
(ii)if an amendment made to the planning scheme after the commencement of this section provides that another person is the responsible authority, that other person.
(3)Where a municipal council becomes a responsible authority for the administration or enforcement of the Wodonga Development Areas Planning Scheme—
(a)anything of a continuing nature (including a contract, agreement or proceeding) done or commenced by or in relation to the Development Corporation (as a responsible authority) within the meaning of the Principal Act under the Wodonga Development Areas Planning Scheme or the Principal Act in relation to land within the municipal district of that municipal council may be done, enforced or completed by or in relation to the responsible authority; and
(b)the Development Corporation must give to the municipal council any document it holds that is relevant to anything done by it as a responsible authority in relation to the Scheme so far as it applies to that land; and
(c)anything done by or in relation to the Development Corporation that concerns a matter of a continuing nature in relation to the planning scheme so far as it applies to that land has effect as if done by or in relation to the municipal council.
(4)In addition to any other powers to prepare and approve amendments to a planning scheme, the Minister may prepare and approve amendments to the Wodonga Planning Scheme or the Yackandandah Planning Scheme for the purpose of—
(a)including provisions corresponding with or similar to those in the Wodonga Development Areas Planning Scheme; or
(b)varying the application of section 55 of the Planning and Environment Act 1987 in relation to either or both of those Schemes; or
(c)extending either or both of those Schemes to cover those parts of the municipal district of the responsible authority for the Scheme that were previously covered by the Wodonga Development Areas Planning Scheme.
(5)The Planning and Environment Act 1987, except section 12(1), (d), (e), (2) and (3) and Divisions 1 and 2 of Part 3, applies to the preparation and approval of amendments under sub-section (4).
(6)If the Wodonga Planning Scheme or the Yackandandah Planning Scheme (the "extended scheme") is amended under sub-section (4)(c), then in relation to each area included in the extended scheme and previously covered by the Wodonga Development Areas Planning Scheme—
(a)anything of a continuing nature done or commenced under or in relation to the Wodonga Development Areas Planning Scheme has effect on and from the commencement of this Act as if done or commenced under or in relation to the extended scheme, and may be continued and completed accordingly; and
(b)anything of a continuing nature done or commenced under the Principal Act or the Planning and Environment Act 1987 in relation to the Wodonga Development Areas Planning Scheme has effect, on and from the commencement of this Act, as if done or commenced under the Planning and Environment Act 1987 in relation to the extended scheme, and may be continued and completed accordingly.
(7)If the Wodonga Planning Scheme or the Yackandandah Planning Scheme is amended under sub-section (4)(c), any amendment to the Wodonga Development Areas Planning Scheme prepared but not approved at the date of approval of the amendment under sub-section (4)(c) must be taken to be an amendment prepared for the Wodonga Planning Scheme or the Yackandandah Planning Scheme or both, whichever is appropriate having regard to the municipal district in which the land affected by the amendment is located.
(8)If sub-section (7) applies to an amendment to the Wodonga Development Areas Planning Scheme, anything done in relation to that amendment must be taken to have been done in relation to an amendment to the Wodonga Planning Scheme or the Yackandandah Planning Scheme, as the case requires.
(9)Anything of a continuing nature done by the Development Corporation as a Planning Authority must, so far as it concerns a municipal district, be taken to have been done by the Council of that municipal district, and may be continued or completed accordingly.
(10)The Development Corporation must give to each Council that, under sub-section (7), (8) or (9), succeeds it as a planning authority any document it holds that is relevant to the functions taken over from it by that successor.
[2] S. 7: Section 15 of the Albury–Wodonga Agreement (Amendment) Act 1979, No. 9273 reads as follows:
15.Body deemed same body corporate after this Act as before
The body corporate of the Albury–Wodonga (Victoria) Corporation shall be and be deemed to be the same body corporate after the commencement of this Act as before that commencement notwithstanding the alterations made in the constitution thereof by the provisions of this Act.
[3] S. 9: Section 14 of the Albury–Wodonga Agreement (Amendment) Act 1991, No. 88/1991 reads as follows:
14.Transitional provisions—Albury–Wodonga (Victoria) Corporation
(1)Anything of a continuing nature done or commenced in relation to land in a municipal district by the Albury–Wodonga (Victoria) Corporation as a council for the purposes of the Subdivision Act 1988 has effect as if done or commenced by the Council of that municipal district and may be continued or completed accordingly.
(2)The Corporation must give to the appropriate municipal council under sub-section (1) any document it holds that is relevant to anything to which that sub-section applies.
(3)Any person who, at the commencement of this section, holds office as a member of the Albury–Wodonga (Victoria) Corporation appointed by the Governor in Council continues to hold that office as if appointed under the Principal Act as amended by this Act and in accordance with the amended agreement within the meaning of the Principal Act, for the remainder of the member's term of appointment, and is eligible for re-appointment.
[4] Section 22: The amendment to section 22(2)(a) by s. 3(Sch. 1 item 3) of the Financial Management (Consequential Amendments) Act 1994, No. 31/1994 is ineffective as section 22 was previously repealed.
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