Version No. 001
Western Port Steel Works (Development Control) Act 1970
Act No. 8050/1970
Version incorporating amendments as at 21 August 2001
table of provisions
SectionPage
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SectionPage
1.Short title
2.Definitions
3.Municipal and Regional Planning areas to be extended
4.Permits and conditions by Regional Authority and Shire declared valid and work within Reclamation Area authorized
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
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Version No. 001
Western Port Steel Works (Development Control) Act 1970
Act No. 8050/1970
Version incorporating amendments as at 21 August 2001
An Act to extend the area and powers of the Western Port Regional Planning Authority and The President Councillors and Ratepayers of the Shire of Hastings in relation to the Establishment and Operation by John Lysaght (Australia) Limited of a Steel Works and other Works associated therewith at Western Port and for other purposes.
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Act No. 8050/1970
Western Port Steel Works (Development Control) Act 1970
Preamble
WHEREAS John Lysaght (Australia) Limited has applied for and been granted interim development permits by the Western Port Regional Planning Authority and by the Council of the President Councillors and Ratepayers of the Shire of Hastings acting or purporting to act under the Town and Country Planning Act 1961 for the purpose of enabling John Lysaght (Australia) Limited to establish and operate a cold strip plant at Western Port:
AND WHEREAS the Western Port Regional Planning Authority has been advised that there are doubts as to the validity of the permit and the conditions of the permit issued by the said Council on 20th October, 1970:
AND WHEREAS John Lysaght (Australia) Limited has been advised that there are doubts as to the validity of the permit and the conditions of the permit issued by the Western Port Regional Planning Authority on 23rd October, 1970:
AND WHEREAS there is a conflict between the conditions of the said permit issued by the Western Port Regional Planning Authority and a permit issued by the said Council on 8th June, 1970:
AND WHEREAS the works being established by John Lysaght (Australia) Limited extend into the waters of Western Port Bay below the high water mark:
AND WHEREAS the boundaries of the municipal district of the President Councillors and Ratepayers of the Shire of Hastings and of the area of the Western Port Regional Planning Authority do not extend into the waters of Western Port Bay below the high water mark:
Preamble
AND WHEREAS it is in the public interest that the Western Port Regional Planning Authority and the said Council and each of them should exercise control over those works extending into the waters of Western Port Bay notwithstanding that they extend below the high water mark and over any discharge into those waters:
AND WHEREAS it is in the public interest that the conditions heretofore purportedly imposed by the Western Port Regional Planning Authority and the said Council be capable of being enforced by them and each of them:
AND WHEREAS it is in the public interest and in the interest of the said Company that the works commenced by that Company should be deemed to have been validly commenced notwithstanding the said doubts as to the validity of the said permits or either of them by subject nevertheless to the conditions heretofore purportedly imposed as aforesaid:
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
s. 1
This Act may be cited as the Western Port Steel Works (Development Control) Act 1970.
2.Definitions
(1)In this Act unless inconsistent with the context or subject-matter—
"the Company" means John Lysaght (Australia) Limited and includes any subsidiary of the Company and any successor in title to the Company or to any subsidiary in respect of the land;
"the land" means the land comprised in the plan;
"The plan" means the plan endorsed "The plan referred to in the Western Port Steel Works (Development Control) Act 1970", copies of which signed by the Minister for Local Government and dated 19th November 1970, have been lodged with the Shire of Hastings, the Western Port Regional Planning Authority and the Company.
(2)Unless inconsistent with the context or subject-matter words and expressions used in this Act have the meanings respectively assigned to them in the Town and Country Planning Act 1961.
3.Municipal and Regional Planning areas to be extended
Notwithstanding anything in any Act or any rule of law to the contrary the whole of the area delineated on the plan shall be and be deemed always to have formed part of the municipal district of the President Councillors and Ratepayers of the Shire of Hastings and of the area of the Western Port Regional Planning Authority.
s. 3
4.Permits and conditions by Regional Authority and Shire declared valid and work within Reclamation Area authorized
(1)All permits heretofore granted to the Company by the Council of the President Councillors and Ratepayers of the Shire of Hastings (including without prejudice to the generality hereof the permit granted by that Council by resolution carried on the 2nd September, 1970) and all permits heretofore granted to the Company by the Western Port Regional Planning Authority (including without prejudice to the generality hereof the permit granted by that Authority by resolution carried on the 20th October, 1970) are hereby declared to have been validly granted and all development and use pursuant to them or to any of them are hereby declared to be and always to have been lawful and valid.
(2)All conditions to which the permits referred to in sub-section (1) are subject are hereby declared to be and always to have been valid.
(3)So much of the development described on the Plan and the use of the Land for the purposes shown on the Plan as is not authorized by the permits referred to in sub-section (1) of this section is hereby authorized and declared always to have been authorized by and under the Town and Country Planning Act 1961 and by and under all other relevant Acts.
(4)This section shall be construed as authorizing the establishment and operation of a cold strip plant as the first stage of an integrated steel works which may be operated continuously twenty-four hours a day and seven days a week.
S. 4(5) amended by No. 45/1987 s.205(Sch. item 152).
(5)This Act does not authorize any development or use of the land other than the development or use referred to in sub-sections (1) and (3) unless the development or use is permitted by an appropriate permit under the Planning and Environment Act 1987.
s. 4
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ENDNOTES
1.General Information
Endnotes
The Western Port Steel Works (Development Control) Act 1970 was assented to on 15 December 1970 and came into operation on 15 December 1970.
2.Table of Amendments
Endnotes
This Version incorporates amendments made to the Western Port Steel Works (Development Control) Act 1970 by Acts and subordinate instruments.
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Planning and Environment Act 1987, No. 45/1987
Assent Date: / 27.5.87Commencement Date: / S. 205(Sch. item 152) on 16.2.88: Government Gazette 10.2.88 p. 218
Current State: / This information relates only to the provision/s amending the Western Port Steel Works (Development Control) Act 1970
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3.Explanatory Details
Endnotes
No entries at date of publication.
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