Churchill Water and Sewerage Works Act 1971 (Vic)

Version No. 001

Churchill Water and Sewerage Works Act 1971

Act No. 8094/1971

Version as at 13 October 1999

TABLE OF PROVISIONS

Section  Page

1.Short title

2.Orders to have effect according to the tenor thereof

3.Works to vest in Morwell Waterworks Trust and Churchill Sewerage Authority

4.Governor in Council may make ancillary provisions by Order

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Churchill Water and Sewerage Works Act 1971

Act No. 8094/1971

Version as at 13 October 1999

An Act to make Provision concerning certain Water and Sewerage Works at Churchill, and for other purposes.

Preamble

WHEREAS—

(a)by Order of the 30th day of June, 1970, the Governor in Council increased the extent of the waterworks district of the Morwell Waterworks Trust by adding to it certain lands in the township of Churchill, and approved of a proposal to supply water to the said township by means of certain waterworks then existing;

(b)by Order of the same day, the Governor in Council proclaimed certain lands at Churchill a sewerage district, constituted a sewerage authority under the name of the Churchill Sewerage Authority in respect of the said sewerage district, directed that the commissioners for the time being of the Morwell Waterworks Trust should be the members of the said sewerage authority, and approved of a proposal to provide sewerage facilities for the said sewerage district by means of certain sewerage works then existing;

(c)the water and sewerage works referred to in the said Orders were at the time of the making of the said Orders vested in the Latrobe Valley Water and Sewerage Board; and

(d)doubts have arisen as to whether the said Orders were valid and effective insofar as they purported to—

(i)make it lawful for the Morwell Waterworks Trust to make use of the said waterworks; and

(ii)proclaim a sewerage district and constitute a sewerage authority in order that the said sewerage works might be used by the said sewerage authority:

AND WHEREAS it is expedient to validate approve ratify and give full effect to the said Orders and to make provision as hereinafter enacted:

BE IT THEREFORE 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

This Act may be cited as the Churchill Water and Sewerage Works Act 1971.

2.Orders to have effect according to the tenor thereof

Notwithstanding anything to the contrary in the Latrobe Valley Act 1958, the Sewerage Districts Act 1958 or the Water Act 1958, the hereinbefore recited Orders of the Governor in Council of the 30th day of June, 1970, are hereby validated approved and ratified and shall have and be deemed always to have had effect according to the tenor thereof.

3.Works to vest in Morwell Waterworks Trust and Churchill Sewerage Authority

(1)The works referred to in the hereinbefore recited Order of the 30th day of June, 1970 relating to the Morwell Waterworks Trust and all water supply works lying within the boundaries of the land added to the waterworks district of the said Trust by the said Order which were immediately before the said day vested in the Latrobe Valley Water and Sewerage Board shall be deemed to have vested on the said day in the Morwell Waterworks Trust.

(2)The works referred to in the hereinbefore recited Order of the same day relating to the Churchill Sewerage Authority and all sewerage works lying within the boundaries of the sewerage district proclaimed by the said Order which were immediately before the said day vested in the Latrobe Valley Water and Sewerage Board shall be deemed to have vested on the said day in the Churchill Sewerage Authority.

4.Governor in Council may make ancillary provisions by Order

The Governor in Council may by Order—

(a)make provision for the transfer from the Latrobe Valley Water and Sewerage Board to the Morwell Waterworks Trust of any property powers rights liabilities and obligations of the said Board in relation to any works of the said Board deemed by sub-section (1) of section 3 to have vested in the said Trust;

(b)make provision for the transfer from the Latrobe Valley Water and Sewerage Board to the Churchill Sewerage Authority of any property powers rights liabilities and obligations of the said Board in relation to any works of the said Board deemed by sub-section (2) of section 3 to have vested in the said Authority;

(c)adjust the extent of the respective liabilities of the said Trust and the said Board in such manner as he thinks fit in consequence of the vesting of the works referred to in sub-section (1) of section 3 in the said Trust, or any transfer of property powers rights liabilities and obligations from the said Board to the said Trust under this section;

(d)adjust the extent of the respective liabilities of the said Authority and the said Board in such manner as he thinks fit in consequence of the vesting of the works referred to in sub-section (2) of section 3 in the said Trust, or any transfer of property powers rights liabilities and obligations from the said Board to the said Authority under this section;

(e)where under any Act in force immediately before the commencement of this Act any liabilities incurred in relation to any works referred to in sub-section (1) of section 3 might have been transferred between the said Board and the State, the liabilities may in like manner be transferred between the Morwell Waterworks Trust and the State; and

(f)where under any Act in force immediately before the commencement of this Act any liabilities incurred in relation to any works referred to in sub-section (2) of section 3 might have been transferred between the said Board and the State, the liabilities may in like manner be transferred between the said Authority and the State.

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ENDNOTES

1.     General Information

The Churchill Water and Sewerage Works Act 1971 was assented to on 6 April 1971 and came into operation on 6 April 1971.

2.     Table of Amendments

There are no amendments made to the Churchill Water and Sewerage Works Act 1971 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication.