Lake Corangamite Act 1966 (Vic)

Version No. 001

Lake Corangamite Act 1966

Act No. 7381/1966

Version incorporating amendments as at 7 August 2000

TABLE OF PROVISIONS

Section  Page

1.Short title

2.Definition

3.Power to owners to surrender certain land to the Crown

4.Compensation payable by Crown

5.Power to Commission to operate pipe connexion between Lakes Gnarpurt and Corangamite

6.Power to issue and apply $500 000 out of the Loan Fund

7.Repealed

8.Non-application of subdivision

═══════════════

ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Lake Corangamite Act 1966

Act No. 7381/1966

Version incorporating amendments as at 7 August 2000

An Act relating to the Surrender to the Crown of Certain Lands inundated by or adjacent to Lakes Corangamite, Gnarpurt or Murdeduke and for other purposes.

Preamble

WHEREAS certain lands alienated by the Crown in the vicinity of Lakes Corangamite Gnarpurt and Murdeduke have been inundated:

AND WHEREAS it is just and expedient to authorize the payment of certain compensation to owners who desire to surrender those lands to the Crown:

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 Lake Corangamite Act 1966.

2.Definition

In this Act unless the context or subject-matter otherwise requires—

"reduced level" means in relation to the surface of any land, the height of such surface above a datum 453·54 feet lower than Geodetic Bench Mark No. 14 established by the Surveyor-General under the provisions of the Survey Co-ordination Act 1958 on the main road between Ballarat and Colac near the Irrewarra station.

3.Power to owners to surrender certain land to the Crown

(1)The owner of any land to which this Act applies may at any time within two years of the commencement of this Act elect in writing to surrender such land to the Crown.

(2)An owner who elects to surrender any such land to the Crown pursuant to the provisions of this Act shall be entitled to be paid compensation in accordance with the provisions of this Act on the delivery of a proper instrument of surrender.

(3)This Act applies to any land—

(a)which is adjacent to or inundated by Lake Corangamite and is at or below the reduced level of three hundred and eighty-eight feet;

(b)which is adjacent to or inundated by Lake Gnarpurt and is at or below the reduced level of three hundred and eighty-nine feet;

(c)which is adjacent to or inundated by Lake Murdeduke and is at or below the reduced level of two hundred and eighty-three feet; and

(d)which is adjacent to any land referred to in paragraphs (a) (b) or (c) and which has been eroded by wave action—

but does not include any such land which has been acquired by the owner for a full consideration in money or money's worth since the 1st day of January, 1954.

(4)Where an owner elects to surrender any land to which this Act applies and the owner owns other land from which he will by that surrender lose all right of access by land he may elect to surrender that other land and thereupon the land so elected to be surrendered shall for all purposes be deemed to be land to which this Act applies.

(5)Where an owner elects to surrender any land to which this Act applies the Crown may require the owner to surrender any land within one chain from the boundary of any of the land which he has elected to surrender which is required to enable convenient boundaries to be established between the land retained by the owner and the land surrendered to the Crown and thereupon any land so required to be surrendered shall for all purposes be deemed to be land to which this Act applies.

4.Compensation payable by Crown

(1)The compensation payable to any person who surrenders land to the Crown pursuant to this Act shall be equal to such percentage of the average value of undeveloped land surrounding and adjacent to the relevant lake which is not subject to flooding as is specified in the appropriate following table:

TABLE A

Land Inundated by or Adjacent to Lake Corangamite which is—		Percentage of the Value of
At or above reduced Level of—	Below reduced Level of—	Undeveloped Land which is not Subject to Flooding
Feet	Feet	%
0	380	0
380	381	5
381	382	14
382	383	23
383	384	32
384	385	41
385	386	50
386	387	59
387	388	68
388	389	77
389	390	86
390	391	95
391	. .	100

TABLE B

Land Inundated by or Adjacent to Lake Gnarpurt which is—		Percentage of the Value of
At or above reduced Level of—	Below reduced Level of—	Undeveloped Land which is not Subject to Flooding
Feet	Feet	%
0	383	0
383	384	5
384	385	14
385	386	23
386	387	32
387	388	41
388	389	50
389	390	59
390	391	68
391	392	77
392	393	86
393	394	95
394	. .	100

TABLE C

Land Inundated by or Adjacent to Lake Murdeduke which is—		Percentage of the Value of
At or above reduced Level of—	Below reduced Level of—	Undeveloped Land which is not Subject to Flooding
Feet	Feet	%
0	278	0
278	279	5
279	280	14
280	281	23
281	282	32
282	283	41
283	284	50
284	285	59
285	286	68
286	287	77
287	288	86
288	289	95
289	. .	100

(2)The percentage of value of undeveloped land applicable to any particular area or areas of land shall be determined—

(a)as nearly as may be on the basis of existing or readily available survey information; or

(b)where because of the irregular or broken nature of the surface of any area the relevant reduced levels cannot be determined with reasonable accuracy from available survey information, by agreement with the owner having regard to the approximate level of the area in question.

(3)Where the compensation payable in accordance with the foregoing provisions in respect of the whole of the lands surrendered by any one owner is less than an average of $50 per acre for the whole of that land the compensation payable shall nevertheless be calculated and payable on the basis of $50 per acre for that land.

5.Power to Commission to operate pipe connexion between Lakes Gnarpurt and Corangamite

The State Rivers and Water Supply Commission may after the surface of Lake Corangamite next recedes to a reduced level of 385 feet open and it or any Authority within the meaning of the Water Act 1989 may thereafter keep open the pipe connexion constructed by it between Lake Gnarpurt and Lake Corangamite and the Crown or any Authority within the meaning of the Water Act 1989 shall not be liable for damage to any land that results from the operation of that pipe connexion.

6.Power to issue and apply $500 000 out of the Loan Fund

There may be issued and applied out of the Loan Fund such amount not exceeding $500 000 as is required for the purposes of this Act.

*                *                *                *                *

8.Non-application of subdivision

Subdivision (3) of Division 9 of Part XIX of the Local Government Act 1958 does not apply in relation to an election to surrender or to the surrender of any land pursuant to this Act.

═══════════════

ENDNOTES

1.     General Information

The Lake Corangamite Act 1966 was assented to on 27 April 1966 and came into operation on 27 April 1966.

2.     Table of Amendments

This Version incorporates amendments made to the Lake Corangamite Act 1966 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Public Account (Trust Funds) Act 1982, No. 9861/1982

Assent Date:	5.1.83
Commencement Date:	Sch. 2 on 1.7.82: s. 3(2); rest of Act on 12.1.83: Government Gazette 12.1.83 p. 81
Current State:	All of Act in operation

Water (Further Amendment) Act 1994, No. 49/1994

Assent Date:	7.6.94
Commencement Date:	S. 9(6) on 1.7.94: s. 2(4)
Current State:	This information relates only to the provision/s amending the Lake Corangamite Act 1966

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3.     Explanatory Details

No entries at date of publication.