Victorian Legislation and Parliamentary Documentsi
Version No. 001
Lake Corangamite Act 1966
Act No. 7381/1966
Version incorporating amendments as at 7 August 2000
TABLE OF PROVISIONS
Section Page
Short title 1
Definition 1
Power to owners to surrender certain land to the Crown 2
Compensation payable by Crown 3
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 6
Repealed 6
Non-application of subdivision 6
═══════════════
ENDNOTES 7
General Information 7
Table of Amendments 8
Explanatory Details 9
Victorian Legislation and Parliamentary Documents1
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):
Short title
This Act may be cited as the Lake Corangamite
Act 1966.
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
Victorian Legislation and Parliamentary DocumentsAct No. 7381/1966
Lake Corangamite Act 1966
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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.
s. 3
Victorian Legislation and Parliamentary DocumentsAct No. 7381/1966
Lake Corangamite Act 1966
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(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
s. 4
Victorian Legislation and Parliamentary DocumentsAct No. 7381/1966
Lake Corangamite Act 1966
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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 %
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
s. 4
Victorian Legislation and Parliamentary DocumentsAct No. 7381/1966
Lake Corangamite Act 1966
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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.
s. 4
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Lake Corangamite Act 1966
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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.
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.
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S. 5
amended by
No. 49/1994
s. 9(6)(a)(b).
s. 5
S. 7
repealed by
No. 9861
s. 3(1)(Sch. 2).
Victorian Legislation and Parliamentary DocumentsAct No. 7381/1966
Lake Corangamite Act 1966
7
ENDNOTES
General Information
The Lake Corangamite Act 1966 was assented to on 27 April 1966 and
came into operation on 27 April 1966.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 7381/1966
Lake Corangamite Act 1966
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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
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 7381/1966
Lake Corangamite Act 1966
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3. Explanatory Details
No entries at date of publication.
Endnotes