Version No. 001
Mildura Irrigation and Water Trusts Act 1969
Act No. 7826/1969
Version as at 21 February 2001
table of provisions
SectionPage
1
SectionPage
1.Short title, division into Parts and commencement
Part I—Amendments of Principal Act
2.Interpretation
3.Amendments of sections 5 and 49 of the Principal Act
4.Amendment of sections 8 and 49 of Principal Act
5.Amendment of sections 9 and 19 of Principal Act
6.Amendment of section 14 of the Principal Act
7.Amendment of section 20 of Principal Act
8.New section 35E substituted in Principal Act
35E.Conditions of subdivision of land
9.Amendment of section 46 of Principal Act
10.New section 46A inserted in Principal Act
46A.Treasurer may subsidize payment of interest on loans
11.New sections 68A and 68B inserted in Principal Act
68A.Long service leave
68B.Payment in lieu of long service leave to Trust employeein certain circumstances on resignation or dismissal
12.Amendment of section 71 of Principal Act
13.New sections 126 and 126A substituted in Principal Act
126.Power of Trusts to borrow
126A.Advances from the Loan Fund
14.Other amendments of Principal Act
Part II—Provisions Relating to Re-Subdivision of "Mid Area" of First Mildura Irrigation District
15.Definitions
16.Trust to prepare plan of re-subdivision of Mid Area
17.Trust to prepare schedule of adjustments
18.Trust to cause plan and schedule to be publicly exhibited
19.Trust to refer plan and schedule to certain authorities
20.Trust to consider objections and revise plan and schedule
21.Trust to cause revised plan to be publicly exhibited
22.Minister to hear appeals
23.Trust to seal plan and deliver to Minister
24.Governor in Council may appoint day on which resubdivision totake effect
25.Re-subdivision to take effect on appointed day
26.Certain dealings not to be given effect to
27.Trust to apply to Registrar for effect to be given to provisions ofthis Part
28.Certain failures not to affect things done under Part
29.Assurance Fund to be applied in certain cases
30.Trust may levy charge upon land re-subdivided
31.Trust to keep books of account in respect of subdivision
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SCHEDULE—Mid Area of First Mildura Irrigation District
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 001
Mildura Irrigation and Water Trusts Act 1969
Act No. 7826/1969
Version as at 21 February 2001
An Act to amend the Mildura Irrigation and Water Trusts Act 1958, to provide for the Re-subdivision of certain Lands in the First Mildura Irrigation District, and for other purposes.
1
Mildura Irrigation and Water Trusts Act 1969
Act No. 7826/1969
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, division into Parts and commencement
(1)This Act may be cited as the Mildura Irrigation and Water Trusts Act 1969 and is divided into Parts as follows:
Part I—Amendments of Principal Act, ss2–14.
Part II—Provisions relating to Re-subdivision of "Mid Area" of First Mildura Irrigation District, ss15–31.
(2)In this Act the Mildura Irrigation and Water Trusts Act 1958 is called the Principal Act.
(3)The several provisions of this Act shall come into operation on a day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.
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Part I—Amendments of Principal Act
2.Interpretation
s. 2
Section 3 of the Principal Act is hereby amended as follows—
(a)before the interpretation of "Indenture" there shall be inserted the following interpretation—
' "channel" includes pipe-line used for the supply of water for irrigation.';
(b)in the interpretation of "irrigable land"—
(i)after the words "any Trust channel" there shall be inserted the word "and"; and
(ii)after paragraph (a) there shall be inserted the following paragraph—
"(aa)so far as relates to land within the First Mildura Irrigation District or the Mildura Urban Water District, where the Trust concerned has made provision for laying on water for irrigation to any land, or the owner of such land has with the consent of the Trust made such provision, the land shall be deemed to be irrigable land notwithstanding that the land or any part of the land is above the level of the supply channel;" and
(c)in the interpretation of "irrigation area" for the words "the area of the land for the time being" there shall be substituted the words "those areas of land which were at any time".
3.Amendments of sections 5 and 49 of the Principal Act
s. 3
The Principal Act is hereby amended as follows—
(a)in sub-section (1) of section 5 before the word "commissioners" there shall be inserted the word "six"; and
(b)in sub-section (3) of section 49 for the words "The number of commissioners to be elected from time to time and the time and manner of their election" there shall be substituted the words "The time and manner of the election of commissioners".
4.Amendment of sections 8 and 49 of Principal Act
The Principal Act is hereby amended as follows—
(a)for section 8 there shall be substituted the following section—
"8.Franchise
(1)In the election of commissioners and at any meeting of ratepayers, except for the purposes of section 74, every person whose name appears on the voters' list last prepared under this section shall be entitled to the number of votes there shown against his name.
(2)Before the 1st day of June in every year, the Trust shall cause to be prepared and affix its seal to a voters' list which—
(a)contains the names of every person whose name appears in the assessment books of the Trust on the 1st day of May in that year as being the occupier or owner of rateable land within the Trust District not being a township allotment; and
(b)shows against the name of each such person a number of votes (not exceeding eight) calculated by allowing one vote for every ten acres or portion of ten acres not less than two and a half acres of such land in respect of which his name appeared in the assessment books on the said 1st day of May."; and
(b)in sub-section (1) of section 49 for the words "assessment book" there shall be substituted the words "voters' list".
5.Amendment of sections 9 and 19 of Principal Act
s. 5
The Principal Act is hereby amended as follows—
(a)in section 9 for the words "account in a bank" there shall be substituted the words "account or accounts in a bank or banks"; and
(b)in sub-section (1) of section 19—
(i)the words "shall be paid into and" shall be repealed; and
(ii)for the words "such bank" there shall be substituted the words "such account or accounts in such bank or banks".
6.Amendment of section 14 of the Principal Act
For paragraph (a) of section 14 of the Principal Act there shall be substituted the following paragraphs—
"(a)as to irrigable land in the First Mildura Irrigation District the right to receive from the Trust from and after the time when proper and sufficient irrigation works for raising conveying and distributing water have been constructed and exist and are for the time being available to the Trust for that purpose a supply of water of such amount as is from time to time fixed by Order of the Governor in Council (being not less than twoacre-feet per acre in each year) subject to the terms and conditions of this Act;
(aa)as to irrigable land in an irrigation district (not being the First Mildura Irrigation District) the right to receive from the Trust of the district from and after the time when proper and sufficient irrigation works for raising conveying and distributing water have been constructed and exist and are for the time being available to the Trust for that purpose the supply of River Murray water which under the provisions of this Act an owner or occupier of land in an irrigation district is entitled to receive subject to the terms and conditions of this Act; and".
7.Amendment of section 20 of Principal Act
s. 7
Section 20 of the Principal Act is hereby amended as follows—
(a)in sub-section (1) the words "by means of debentures" shall be repealed;
(b)at the end of sub-section (1) there shall be inserted the following words—
"by granting a mortgage of the General Drainage Fund or by means of debentures";
(c)in sub-section (1B) before the word "debentures" there shall be inserted the words "mortgage or"; and
(d)for sub-section (4) there shall be substituted the following sub-sections—
"(4)All mortgagees and holders of debentures shall in proportion to the sums secured by their respective mortgages and debentures be creditors on the General Drainage Fund equally one with another without any preference in respect of the priority of advancing moneys or of the dates of mortgages or debentures.
(5)Any trustee unless expressly forbidden by the instrument (if any) creating the trust may invest any trust funds in his hands upon the security of a mortgage granted under this Act or in debentures issued under this Act.
(6)Mortgages granted and debentures issued under this Act shall be a lawful investment for any moneys which any company or body incorporated by or under any Act of the Parliament of Victoria is authorized or directed to invest in addition to any other investments expressly prescribed for the investment of such moneys.".
8.New section 35E substituted in Principal Act
s. 8
For section 35E of the Principal Act there shall be substituted the following section—
'35E.Conditions of subdivision of land
(1)No person shall subdivide into separate holdings any land within the First Mildura Irrigation District except in accordance with a plan of subdivision sealed by the Trust under this section.
(2)A person (hereinafter referred to as "the applicant") who intends to subdivide into separate holdings any land in the district shall submit to the Trust notice in writing of his intention together with a plan showing—
(a)the allotments into which it is proposed to subdivide the land;
(b)the easements proposed to be provided in connexion with the supply of water for irrigation to or the drainage of water from each allotment or, in the case of allotments intended to be occupied for residential or commercial purposes, in connexion with the supply of water to or the drainage of water from each allotment.
(3)On receipt of the notice and plan the Trust shall (having first referred the plan to the Mildura Urban Water Trust for advice in the case of any plan showing allotments intended to be occupied for residential or commercial purposes) notify the applicant of—
s. 8
(a)any modification required by the Trust to be made in the plan;
(b)the nature and extent of all works which will be necessary to be constructed (whether by the Trust or, where it appears that the land or any part thereof will come to form part of the Mildura Urban Water District, by the Mildura Urban Water Trust) for the supply of water to each allotment and the measurement of water so supplied, for the drainage of water from each allotment and for the provision of access to or within such allotment by means of a crossing or other suitable structure; and
(c)the estimated cost of those works and the amount of such part (if any) of the capitalized depreciation thereof as in the opinion of the Trust will not be met by increased revenue (whether of the Trust or, where it appears that the land or any part thereof will come to form part of the Mildura Urban Water District, of the Mildura Urban Water Trust) arising by reason of the works.
(4)The Trust may—
(a)approve of any such plan with or without modifications; or
(b)refuse to approve of any such plan.
(5)The Trust may refuse to seal any such plan approved by it until such time as the applicant pays to the Trust—
s. 8
(a)such fees as are prescribed for the investigation and sealing of plans of subdivision;
(b)the estimated cost aforesaid of the works; and
(c)the amount of the part aforesaid of the capitalized depreciation of the works.
(6)On the approval by the Trust of any such plan and (where the Trust so requires) upon payment to the Trust of the fees aforesaid the estimated cost aforesaid of the works together with the amount of the part aforesaid of the capitalized depreciation of the works the Trust shall seal the plan and, as the case requires, either itself construct the works or hold any moneys received (not being fees for the investigation and sealing of the plan) until the land is included within the Mildura Urban Water District and then pay those moneys to the Mildura Urban Water Trust which shall construct the works, and the works shall when constructed form part of the works of the First Mildura Irrigation Trust or the Mildura Urban Water Trust, as the case requires.
(7)In this section "capitalized depreciation" in respect of any works means the sum, as determined by the Trust, necessary to be set aside in order to provide for the maintenance and renewal of the works in perpetuity.'.
9.Amendment of section 46 of Principal Act
s. 9
In sub-section (1) of section 46 of the Principal Act for the words "Fifth Schedule" there shall be substituted the words "Eighth Schedule".
10.New section 46A inserted in Principal Act
After section 46 of the Principal Act there shall be inserted the following section:
"46A.Treasurer may subsidize payment of interest on loans
(1)Where the Trust has borrowed moneys (whether before or after the commencement of this Act) from any person by mortgage of its general fund or by the issue of debentures for purposes other than the exercise of the powers conferred on the Trust by section90B sums of money at a rate of interest exceeding Three per centum per annum the Treasurer of Victoria shall pay to the Trust in every financial year a sum which the Auditor-General (having regard to the terms and conditions of any mortgages granted or debentures issued by the Trust) in that year certifies is equivalent to the difference between—
(a)the amount payable in respect of that year on the money so borrowed; and
(b)the amount which would have been so payable in that financial year by equal half-yearly payments which (as nearly as the Auditor-General thinks practicable) would provide for interest at the rate of Three per centum per annum and for repayment of the same total amount of principal as is required under the terms and conditions under which the money was borrowed but with the same final payment of principal as is so required.
(2)Any moneys so required to be paid by the Treasurer shall be paid out of moneys provided by Parliament for the purpose.".
11.New sections 68A and 68B inserted in Principal Act
s. 11
After section 68 of the Principal Act there shall be inserted the following sections—
'68A.Long service leave
(1)In this section unless inconsistent with the context or subject-matter—
"trust employé" means an officer or employé employed by the Trust who is in such employment on or after the commencement of the Mildura Irrigation and Water Trusts Act 1969;
"period", in respect of a period of service served by a Trust employé means a period in respect of which long service leave or pay in lieu thereof has not been granted by the Trust.
(2)Every Trust employé who has been employed by the Trust for a period of fifteen years shall, subject to and in accordance with any regulations, be entitled to be granted by the Trust four and a half months long service leave with pay in respect of that period of fifteen years' service and one and a half months long service leave with pay in respect of each additional period of five years completed service.
(3)Where—
s. 11
(a)on account of age or ill health a Trust employé retires or his services are terminated;
(b)a Trust employé dies; or
(c)on account of or in anticipation of marriage a female Trust employé resigns or has her services terminated—
the Trust employé shall, subject to and in accordance with any regulations, be entitled, or in the case of death shall be deemed to have been entitled to be granted by the Trust—
where the completed years of service are not less than five but are less than fifteen, then in respect of such completed years of service;
where the years of service are more than fifteen, then (in addition to the entitlements under sub-section (2) of this section) in respect of such completed years of service (not exceeding four) as exceed the next lower multiple of five—
long service leave with pay on the basis of one-fifteenth of four and a half months leave for each such completed year.
(4)Long service leave shall be taken by a Trust employé at a time agreed upon by the Trust and himself.
(5)Where agreement between the Trust and the Trust employé as required by sub-section (4), cannot be reached, the matter shall, on the request of either the Trust or the Trust employé, be placed forthwith before the Minister for his decision and the decision of the Minister shall be binding on the parties and effect shall be given thereto.
(6)No Trust employé shall during any period when he is on long service leave engage in any employment for hire or reward.
s. 11
(7)Where on account of age or ill health a Trust employé retires or has his services terminated he may by notice in writing to the Trust elect to take pay in lieu of the whole or any part of any such leave to which he is then entitled and the Trust shall grant him pay in lieu thereof accordingly.
(8)Where on account of or in anticipation of marriage a female Trust employé resigns or has her services terminated, she may by notice in writing to the Trust elect to take pay in lieu of the whole or any part of such leave and the Trust on her marriage or in such other special circumstances as the Trust in its discretion determines shall grant her pay in lieu thereof accordingly.
(9)Where a Trust employé entitled to any such leave or to pay in lieu thereof dies before or while taking such leave or (as the case may be) before such pay in lieu is paid the Trust shall to the extent that pay in lieu thereof has not already been paid to that Trust employé grant pay in lieu of the whole or part of the leave not taken or (as the case may be) grant the pay in lieu to the legal personal representative of the deceased Trust employé.