Water Industry (Amendment) Act 2000 - Victorian … Water Industry (Amendment) Act 2000 Act No. 66/2000 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement

i

Water Industry (Amendment) Act 2000 Act No. 66/2000

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purposes 1 2. Commencement 2

PART 2—AMENDMENTS TO THE WATER INDUSTRY ACT 1994 3

3. Amendment of definitions 3 4. Price regulation 3 5. Application of payments made to licensee 4 6. Information statements 4 7. Amendment of heading to Part 4 4 8. Repeal of provisions establishing Melbourne Parks and

Waterways 4 9. Substitution of section 132 4

132. Power of Secretary to enter into management agreements 4 10. Power of Melbourne Parks and Waterways to surrender all land

to the State 5 11. Repeal of certain powers with respect to land 5 12. Jetty and mooring licences 5 13. Repeal of leasing power 6 14. Substitution of sections 136, 137 and 138 6

136. Management of reservoir parks land 6 137. Transfer of lease and licence of reservoir parks to the

State 7 15. Amendment of power to make rates 8 16. Repeal of provisions relating to service charges 8 17. Substitution of sections 147 and 148 8

147. Powers of authorised officers 8 18. Amendment of regulation making power 8 19. Consequential repeal 9 20. Parks and Reserves Trust Account 9 21. Responsibility for the management of waterways in the

metropolitan area 10 22. Power of Minister to delegate 11

Section Page

ii

23. Insertion of new Parts 7 and 8 11

PART 7—TRANSITIONAL PROVISIONS 11

186. Transitional provision for Melbourne Parks and Waterways 11

187. Continued operation of jetty and mooring licences 12

PART 8—WATTLE PARK LAND 12

188. Repeal of the Wattle Park Land Act 1991 12 189. Surrender and reservation of Wattle Park Land 13 190. Saving of rights 13

24. Insertion of new Schedule 3 14

PART 3—AMENDMENTS TO THE WATER ACT 1989 16

25. Application of Part 10 16 26. Exercise of functions under Part 10 16 27. Application of Division 2 of Part 10 16 28. Repeal of section 188A 16 29. Consequential amendments 16 30. Repeal of application of Division 3 of Part 10 17 31. Repeal of section 200(4) 17 32. By-law making powers 17

PART 4—AMENDMENTS TO THE CONSERVATION, FORESTS AND LANDS ACT 1987, THE NATIONAL PARKS ACT 1975 AND THE PARKS VICTORIA ACT 1998 18

33. Insertion of further delegation powers in the Conservation, Forests and Lands Act 1987 18

34. Amendment of Schedule 1 to the Conservation, Forests and Lands Act 1987 19

35. Amendment of section 3 of the National Parks Act 1975 19 36. Insertion of new section 5—National Parks Act 1975 19

5. Director 19 37. Function of Director—National Parks Act 1975 20 38. Membership of National Parks Advisory Council 20 39. Repeal of section 32AG of the National Parks Act 1975 21 40. Repeal of definition—Parks Victoria Act 1998 21 41. Membership of Parks Victoria 21 42. Amendment of functions of Parks Victoria 21 43. Chief executive officer of Parks Victoria to be Director of

National Parks 21

PART 5—AMENDMENTS TO THE MELBOURNE AND METROPOLITAN BOARD OF WORKS ACT 1958 23

Section Page

iii

44. Amendment of section 4 23 45. Amendment of section 259(1) 23 46. Amendment of section 259(2) 23 47. Amendment of section 261 23

PART 6—AMENDMENTS TO THE CROWN LAND (RESERVES) ACT 1978 25

48. Power to acquire land under the Crown Land (Reserves) Act 1978 25

49. Power of Parks Victoria to act as a committee of management 25 50. Abrogation of the requirement to keep accounts 25 51. Repeal of references to Melbourne Parks and Waterways and

Director of National Parks and Wildlife 25 52. Insertion of new section 18B 26

18B. Power of Secretary to enter into management agreements 26

PART 7—AMENDMENTS TO OTHER ACTS 27

53. Amendment of the Borrowing and Investment Powers Act 1987 27

54. Amendment of the Environment Conservation Council Act 1997 27

55. Amendment of the Forests Act 1958 27 56. Amendment of Valuation of Land Act 1960 28

═══════════════

ENDNOTES 29

1

Water Industry (Amendment) Act 2000† [Assented to 8 November 2000]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The purposes of this Act are—

(a) to provide for the power for Melbourne Parks and Waterways to surrender all its land to the State; and

(b) to provide for functions, powers, rights and liabilities of Melbourne Parks and Waterways to be transferred to the State; and

Victoria

No. 66 of 2000

Act No. 66/2000

Water Industry (Amendment) Act 2000

2

(c) to repeal provisions of the Water Industry Act 1994 establishing Melbourne Parks and Waterways; and

(d) to make further amendments to other Acts and to repeal the Wattle Park Land Act 1991.

2. Commencement

(1) Sections 10, 35(1), 36, 37, 38, 41, 43 and 52 and this Part come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Sections 51(1) and 55 are deemed to have come into operation on the day on which section 5 of the National Parks (Amendment) Act 1998 came into operation.

(3) Subject to sub-section (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4) If a provision referred to in sub-section (3) does not come into operation before 1 December 2001, it comes into operation on that day.

_______________

s. 2

Act No. 66/2000


3

PART 2—AMENDMENTS TO THE WATER INDUSTRY ACT 1994

3. Amendment of definitions

In section 3(1) of the Water Industry Act 1994—

(a) insert the following definitions—

' "authorised officer" means a person appointed as an authorised officer under the Conservation, Forests and Lands Act 1987 for the purposes of Divisions 4 and 6 of Part 4 of this Act;

"waterways land" means land of the Crown which is comprised of—

(a) the bed, soil and banks of any waterway within the metropolitan area (within the meaning of section 153A); and

(b) any land which is within 20 metres of land described in paragraph (a);';

(b) in the definition of "authorised person" omit "or Melbourne Parks and Waterways, as the case requires,";

(c) for the definition of "rating authority" substitute—

' "rating authority" means the Minister administering Part 4;'.

4. Price regulation

In section 8(1) of the Water Industry Act 1994, for ", Melbourne Water Corporation and Melbourne Parks and Waterways" substitute "and Melbourne Water Corporation".

See: Act No. 121/1994 Reprint No. 3 as at 1 January 1999 and amending Act No. 22/1999. LawToday: www.dms. dpc.vic. gov.au

s. 3

Act No. 66/2000


4

5. Application of payments made to licensee

(1) In section 33(1)(b) of the Water Industry Act 1994, for "Melbourne Parks and Waterways" (wherever occurring) substitute "the rating authority".

(2) In section 33(2) of the Water Industry Act 1994, for "Melbourne Parks and Waterways" substitute "the rating authority".

6. Information statements

In section 75(3)(c) of the Water Industry Act 1994, for "Melbourne Parks and Waterways" substitute "the rating authority".

7. Amendment of heading to Part 4

In the heading to Part 4 of the Water Industry Act 1994, for "MELBOURNE PARKS AND WATERWAYS" substitute "LAND MANAGEMENT AND RATING POWERS".

8. Repeal of provisions establishing Melbourne Parks and Waterways

Divisions 1, 2 and 3 of Part 4 of the Water Industry Act 1994 are repealed.

9. Substitution of section 132

For section 132 of the Water Industry Act 1994 substitute—

"132. Power of Secretary to enter into management agreements

Despite anything to the contrary in the Land Act 1958, the Secretary, with the approval of the Minister responsible for administering the Land Act 1958, may enter into a management agreement with any person with respect to the whole or any part of any waterways land (which is not land under the

s. 5

Act No. 66/2000


5

National Parks Act 1975 or Crown land permanently or temporarily reserved under the Crown Land (Reserves) Act 1978) to manage the land for the purposes of recreation, leisure, tourism or water transport.".

10. Power of Melbourne Parks and Waterways to surrender all land to the State

In section 134(1) of the Water Industry Act 1994, for "any interest of it in freehold land" substitute "any or all of its interests in freehold land".

11. Repeal of certain powers with respect to land

Sections 133, 134 and 135 of the Water Industry Act 1994 are repealed.

12. Jetty and mooring licences

(1) In section 135A of the Water Industry Act 1994, for sub-sections (1), (2) and (3) substitute—

"(1) Despite anything to the contrary in the Land Act 1958 or any other Act, the Minister may grant, to an applicant, a licence in respect of any waterways land for the purposes of a jetty or mooring.".

(2) In section 135A(5) and (6) of the Water Industry Act 1994, for "Melbourne Parks and Waterways" (wherever occurring) substitute "the Minister".

(3) In section 135A of the Water Industry Act 1994, for sub-section (7) substitute—

"(7) If the Minister is satisfied, after giving a licensee a reasonable opportunity to be heard, that the licensee has—

(a) failed, during the term of the licence, to use the land for the purpose for which the licence was granted; or

s. 10

Act No. 66/2000


6

(b) used the land for any purpose other than the purpose for which the licence was granted; or

(c) failed to comply with any of the terms and conditions of the licence—

the Minister may declare, by notice published in the Government Gazette, that the licence is cancelled.".

(4) In section 135A(9) of the Water Industry Act 1994, for "Melbourne Parks and Waterways" substitute "the Minister".

(5) In section 135A(10) of the Water Industry Act 1994—

(a) for "Melbourne Parks and Waterways" (wherever occurring) substitute "the Minister";

(b) for "it" substitute "the Minister".

(6) In section 135A(11) of the Water Industry Act 1994 for "Melbourne Parks and Waterways" substitute "the Minister".

13. Repeal of leasing power

Section 135B of the Water Industry Act 1994 is repealed.

14. Substitution of sections 136, 137 and 138

For sections 136, 137 and 138 of the Water Industry Act 1994 substitute—

'136. Management of reservoir parks land

(1) The Governor in Council may make regulations for or with respect to any of the matters referred to in section 13(1)(b)(ii) to (xi) of the Crown Land (Reserves) Act 1978 in relation to any reservoir parks land as if—

s. 13

Act No. 66/2000


7

(a) any reference in that section to a committee of management were a reference to the Minister; and

(b) any reference in that section to the land were a reference to reservoir parks land.

(2) Section 13(5), (6), (7) and (8) of the Crown Land (Reserves) Act 1978 applies to regulations made under sub-section (1) as if—

(a) the regulations had been made under section 13(1) of that Act; and

(b) any reference to—

(i) an authorised officer in that section; or

(ii) an officer or servant employed by the committee of management or the trustees of any land—

were a reference to an authorised officer.

(3) Regulations under this section do not have effect unless there is in force a lease and licence of the reservoir parks land which is or is to the effect of the lease and licence referred to in section 137.

(4) In this section—

"reservoir parks land" means the land which is the subject of the lease and licence referred to in section 137.

137. Transfer of lease and licence of reservoir parks to the State

On the commencement of section 8 of the Water Industry (Amendment) Act 2000, in

s. 14

Act No. 66/2000


8

relation to the lease and licence of the land generally described as reservoir parks dated 13 April 1995, between Melbourne Water Corporation and Melbourne Parks and Waterways, the Minister is substituted for Melbourne Parks and Waterways as the lessee and licensee under the lease and licence.'.

15. Amendment of power to make rates

In section 139 of the Water Industry Act 1994, sub-section (1) is repealed.

16. Repeal of provisions relating to service charges

Sections 144 and 145 of the Water Industry Act 1994 are repealed.

17. Substitution of sections 147 and 148

For sections 147 and 148 of the Water Industry Act 1994 substitute—

"147. Powers of authorised officers

(1) For the purposes of this Part and section 184(2) and (3), each authorised officer has the same powers as an authorised officer has under section 31 of the Land Act 1958.

(2) Sub-section (1) has effect as if any reference in section 31 of the Land Act 1958 to regulations made under the Land Act 1958 or section 13 of the Crown Land (Reserves) Act 1978 were a reference to regulations made under this Part or section 184(2) and (3).".

18. Amendment of regulation making power

In section 149 of the Water Industry Act 1994—

(a) in paragraph (a), for "good order in, any open space or park under the management

s. 15 s. 18

Act No. 66/2000


9

and control of Melbourne Parks and Waterways" substitute "good order on, any waterways land";

(b) for paragraph (b) substitute—

"(b) the removal from any waterways land of any structure, abandoned or derelict vessel or vehicle, or other thing, and the manner in which the thing removed may be dealt with or disposed of;";

(c) after paragraph (b) insert—

"(c) prohibiting or regulating activities relating to recreation, leisure, tourism or water transport on waterways land;

(d) fees or charges in relation to the use of waterways land for the purposes of recreation, leisure, tourism or water transport for—

(i) entry on the whole or any part of waterways land by any person or animal; or

(ii) the provision or use of any improvements, services or facilities on any waterways land;

(e) closing any part of waterways land—

(i) for the purposes of an organised activity; or

(ii) in an emergency.".

19. Consequential repeal

Division 7 of Part 4 of the Water Industry Act 1994 is repealed.

20. Parks and Reserves Trust Account

s. 19

Act No. 66/2000


10


(a) in paragraph (a) omit "Melbourne Parks and Waterways or";

(b) paragraph (b) is repealed.


(a) after paragraph (b) insert—

"(ba) such amounts as the Secretary, with the approval of the Minister, determines are necessary for the purpose of the acquisition of land by the Crown in the metropolitan area, for the purposes of conservation, recreation, leisure or tourism or for any of the purposes specified in paragraphs (l), (m), (n), (o) and (w) of section 4(1) of the Crown Land (Reserves) Act 1978;";

(b) in paragraph (c) omit "Melbourne Parks and Waterways or";

(c) paragraph (d) is repealed.

(3) In section 153A of the Water Industry Act 1994, for sub-section (5) substitute—

'(5) In this section—

"metropolitan area" means the area or areas specified by the Governor in Council for the purposes of this section by Order published in the Government Gazette.'.

21. Responsibility for the management of waterways in the metropolitan area

s. 21

Act No. 66/2000


11

In section 175A(3) of the Water Industry Act 1994, omit "but subject to any Order in Council made under section 110(1)(a) or (b) of this Act".

22. Power of Minister to delegate

In section 176 of the Water Industry Act 1994, omit "or Melbourne Parks and Waterways".

23. Insertion of new Parts 7 and 8

After Part 6 of the Water Industry Act 1994 insert—

'PART 7—TRANSITIONAL PROVISIONS

186. Transitional provision for Melbourne Parks and Waterways

Except as otherwise provided in this Act, on the commencement of section 8 of the Water Industry (Amendment) Act 2000—

(a) Melbourne Parks and Waterways is abolished and the members of its Board of directors go out of office; and

(b) all rights, property and assets that, immediately before that commencement were vested in Melbourne Parks and Waterways, vest in the State; and

(c) all debts, liabilities and obligations of Melbourne Parks and Waterways existing immediately before that commencement, become debts, liabilities and obligations of the State; and

(d) the State is substituted as a party to any proceedings pending in any court or tribunal to which Melbourne Parks and

Act No. 66/2000


12

Waterways was a party immediately before that commencement; and

(e) the State is substituted as a party to any arrangement or contract entered into by or on behalf of Melbourne Parks and Waterways and in force immediately before that commencement; and

(f) any reference to Melbourne Parks and Waterways in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period after that commencement, and if not inconsistent with the context or subject matter, must be construed as a reference to the State.

187. Continued operation of jetty and mooring licences

Despite the commencement of section 12 of the Water Industry (Amendment) Act 2000, any licence granted under section 135A of this Act, and in force immediately before that commencement, continues in force on and from that commencement and section 135A, as in force immediately before that commencement, continues to apply to any such licence until the licence expires or is cancelled (whichever is the earlier).

PART 8—WATTLE PARK LAND

188. Repeal of the Wattle Park Land Act 1991

s. 23

Act No. 66/2000


13

The Wattle Park Land Act 1991 is repealed.

189. Surrender and reservation of Wattle Park Land

By force of this section the land shown hatched on the Plan in Schedule 3 is surrendered to the Crown and—

(a) is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(b) the folios of the Register Volume 1416 Folio 110, Volume 1761 Folio 141 and Volume 3010 Folio 859 are cancelled; and

(c) the land is deemed to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being in particular the purposes of conservation, recreation, leisure and tourism and the reservation may be dealt with in accordance with that Act.

190. Saving of rights

(1) This Part does not affect the status or continuity of any interest in, licence or right affecting, or arrangement or agreement relating to—

(a) the Wattle Park Chalet; or

(b) any golf course or tennis court—

on the land set out in Schedule 3.

s. 23

Act No. 66/2000


14

(2) On the coming into operation of this Part, any lease, licence, agreement or arrangement to which sub-section (1) applies and to which Melbourne Parks and Waterways was a party has effect as if the Minister were substituted for Melbourne Parks and Waterways as that party.

(3) Nothing effected by this section is to be regarded as placing any person in breach of or as constituting a default under any provision of a lease, including any provision prohibiting, restricting or regulating the assignment of a lease.'.

24. Insertion of new Schedule 3

After Schedule 2 to the Water Industry Act 1994 insert—

s. 23 s. 24

Act No. 66/2000


15

"SCHEDULE 3

WATTLE PARK LAND

Parish of Nunawading

.".

_______________

Act No. 66/2000


16

PART 3—AMENDMENTS TO THE WATER ACT 1989

25. Application of Part 10

In section 185(1) of the Water Act 1989, paragraph (c) is repealed.

26. Exercise of functions under Part 10

In section 186 of the Water Act 1989, sub-sections (2) and (3) are repealed.

27. Application of Division 2 of Part 10

(1) In section 187(1) of the Water Act 1989, omit "and to Melbourne Parks and Waterways".

(2) In section 187 of the Water Act 1989, sub-section (2) is repealed.

28. Repeal of section 188A

Section 188A of the Water Act 1989 is repealed.

29. Consequential amendments





See: Act No. 80/1989. Reprint No. 5 as at 18 May 1999 and amending Act Nos 22/1999, 65/1999 and 30/2000. LawToday: www.dms. dpc.vic. gov.au

s. 25

Act No. 66/2000


17

30. Repeal of application of Division 3 of Part 10

(1) In section 198(1) of the Water Act 1989, paragraph (a) is repealed.


31. Repeal of section 200(4)

In section 200 of the Water Act 1989, sub-section (4) is repealed.

32. By-law making powers

In section 219 of the Water Act 1989, sub-sections (1A) and (2) are repealed.

_______________

s. 30

Act No. 66/2000


18

PART 4—AMENDMENTS TO THE CONSERVATION, FORESTS AND LANDS ACT 1987, THE NATIONAL PARKS

ACT 1975 AND THE PARKS VICTORIA ACT 1998

33. Insertion of further delegation powers in the Conservation, Forests and Lands Act 1987

(1) In section 11 of the Conservation, Forests and Lands Act 1987, after sub-section (3A) insert—

"(3AA) The Minister, by instrument, may delegate any of the Minister's powers, functions or duties under Division 4 of Part 4 of the Water Industry Act 1994 to Parks Victoria or an employee of Parks Victoria for the purpose of the performance or exercise by Parks Victoria or an employee of Parks Victoria of that power, function or duty in the course of carrying out duties under any agreement or arrangement relating to the management of waterways land (within the meaning of the Water Industry Act 1994) by Parks Victoria.".

(2) In section 11 of the Conservation, Forests and Lands Act 1987, after sub-section (3B) insert—

"(3C) The Secretary, by instrument under seal, may delegate any of the Secretary's powers, functions or duties under regulations made under section 136, 149 or 184(2) and (3) of the Water Industry Act 1994 to Parks Victoria or an employee of Parks Victoria for the purpose of the performance or exercise by Parks Victoria or an employee of Parks Victoria of that power, function or duty in the course of carrying out duties under any agreement or arrangement relating to the management of reservoir parks land or waterways land (within the meaning of the

See: Act No. 41/1987. Reprint No. 4 as at 1 January 1999 and amending Act No. 70/1998. LawToday: www.dms. dpc.vic. gov.au

s. 33

Act No. 66/2000


19

Water Industry Act 1994) by Parks Victoria.".

34. Amendment of Schedule 1 to the Conservation, Forests and Lands Act 1987

In Schedule 1 to the Conservation, Forests and Lands Act 1987, after "Victorian Plantations Corporation Act 1993" insert "Part 4 and section 184(2) and (3) of the Water Industry Act 1994".

35. Amendment of section 3 of the National Parks Act 1975

(1) In section 3(1) of the National Parks Act 1975—

(a) for the definition of "authorized officer" substitute—

"authorised officer" means a person appointed as an authorised officer under the Conservation, Forests and Lands Act 1987 for the purposes of this Act;

(b) for the definition of "Director" substitute—

"Director" means the Director of National Parks referred to in section 5;".

(2) In section 3(2) of the National Parks Act 1975, omit "Melbourne Parks and Waterways,".

36. Insertion of new section 5—National Parks Act 1975

For section 5 of the National Parks Act 1975 substitute—

"5. Director

The person who is the Chief Executive Officer of Parks Victoria, appointed under the Parks Victoria Act 1998, is the Director of National Parks.".

s. 34

See: Act No. 8702. Reprint No. 7 as at 1 July 1999 and amending Act Nos 38/1989 (as amended by No. 11/1995), 96/1998, 30/2000 and 50/2000. LawToday: www.dms. dpc.vic. gov.au

Act No. 66/2000


20

37. Function of Director—National Parks Act 1975

In section 6 of the National Parks Act 1975, after "about the" insert "operational elements of".

38. Membership of National Parks Advisory Council


(a) before paragraph (a) insert—

"(aa) one shall be the Secretary or his or her nominee;";

(b) in paragraph (a), for "the Conservation Council of Victoria" substitute "Environment Victoria Inc.".


(a) for "Conservation Council of Victoria" substitute "Environment Victoria Inc.";

(b) for "requests that Council or Association" substitute "requests the body to whom the notice is directed";

(c) for "and that Council or Association" substitute "and that body".

(3) In section 13 of the National Parks Act 1975—

(a) in sub-sections (1), (2), (3) and (4) omit ", other than the Director,";

(b) in sub-section (5) omit "not being the Director".

(4) In section 13 of the National Parks Act 1975, after sub-section (5) insert—

"(5A) Sub-sections (1), (2), (3), (4) and (5) do not apply to the Secretary and to the Director.".

s. 37

Act No. 66/2000


21

39. Repeal of section 32AG of the National Parks Act 1975

Section 32AG of the National Parks Act 1975 is repealed.

40. Repeal of definition—Parks Victoria Act 1998

In section 3 of the Parks Victoria Act 1998, for the definition of "MPW" substitute—

' "MPW" means Melbourne Parks and Waterways established under the Water Industry Act 1994 as in force before the coming into operation of section 8 of the Water Industry (Amendment) Act 2000;'.

41. Membership of Parks Victoria

In section 6 of the Parks Victoria Act 1998 after "Minister" insert "and of whom one or more persons must have skills and experience in conservation".

42. Amendment of functions of Parks Victoria

In section 7(1) of the Parks Victoria Act 1998, after paragraph (a) insert—

"(ab) to provide services to the State and its agencies for, or with respect to, the management of waterways land (within the meaning of the Water Industry Act 1994) for the purposes of conservation, recreation, leisure, tourism or water transport;".

43. Chief executive officer of Parks Victoria to be Director of National Parks

In section 18 of the Parks Victoria Act 1998, after sub-section (3) insert—

s. 39

See: Act No. 44/1998 and amending Act No. 76/1998. LawToday: www.dms. dpc.vic. gov.au

Act No. 66/2000


22

"(4) It is a function of the chief executive officer to be the Director of National Parks under the National Parks Act 1975.".

_______________

s. 43

Act No. 66/2000


23

PART 5—AMENDMENTS TO THE MELBOURNE AND METROPOLITAN BOARD OF WORKS ACT 1958

44. Amendment of section 4

In section 4(1) of the Melbourne and Metropolitan Board of Works Act 1958 omit "Melbourne Parks and Waterways or".

45. Amendment of section 259(1)

In the definition of "river improvement works" in section 259(1) of the Melbourne and Metropolitan Board of Works Act 1958, after "The establishment of ferries;" insert—

"The formation or management of lakes or other wetlands;

The revegetation of banks;

The protection, conservation or enhancement of waterways and banks.".

46. Amendment of section 259(2)

In section 259(2) of the Melbourne and Metropolitan Board of Works Act 1958—

(a) in paragraph (a), omit "or waters under the control of a local authority within the meaning of the Marine Act 1988";

(b) paragraph (b) is repealed.

47. Amendment of section 261

In section 261 of the Melbourne and Metropolitan Board of Works Act 1958, at the end of the section insert—

See: Act No. 6310. Reprint No. 9 as at 1 July 1999. LawToday: www.dms. dpc.vic. gov.au

s. 44

Act No. 66/2000


24

"(2) The Board has the following waterway management functions for the waterways to which this Part applies—

(a) to identify and plan for State and local community needs relating to the use and the economic, social and environmental values of the waterways;

(b) to develop and implement effectively schemes for the use, protection and enhancement of the waterways;

(c) to investigate, promote and research any matter related to its functions powers and duties in relation to waterway management;

(d) to educate the public about any aspect of waterway management.".

_______________

s. 47

Act No. 66/2000


25

PART 6—AMENDMENTS TO THE CROWN LAND (RESERVES) ACT 1978

48. Power to acquire land under the Crown Land (Reserves) Act 1978

In section 5(4) of the Crown Land (Reserves) Act 1978, after paragraph (b) insert—

"; or

(c) any land which is within the metropolitan area (within the meaning section 153A of the Water Industry Act 1994) and which the Minister is satisfied, on reasonable grounds, should be reserved for any of the purposes specified in paragraphs (w) and (x) of section 4(1).".

49. Power of Parks Victoria to act as a committee of management

In section 14(4) of the Crown Land (Reserves) Act 1978, for paragraph (cb) substitute—

"(cb) Parks Victoria;".

50. Abrogation of the requirement to keep accounts

In section 15(8A) of the Crown Land (Reserves) Act 1978, for paragraph (bb) substitute—

"(bb) Parks Victoria;".

51. Repeal of references to Melbourne Parks and Waterways and Director of National Parks and Wildlife

(1) In section 18(1) of the Crown Land (Reserves) Act 1978, for "Melbourne Parks and Waterways or, the Director of National Parks and Wildlife" substitute "or Melbourne Parks and Waterways".

(2) In section 18(1) of the Crown Land (Reserves) Act 1978, for "Melbourne Water Corporation, or

See: Act No. 9212. Reprint No. 5 as at 1 July 1999. LawToday: www.dms. dpc.vic. gov.au

s. 48

Act No. 66/2000


26

Melbourne Parks and Waterways" substitute "or Melbourne Water Corporation".

(3) In section 18(3) of the Crown Land (Reserves) Act 1978—

(a) in paragraph (c), for ", Melbourne Water Corporation or Melbourne Parks and Waterways" substitute "or Melbourne Water Corporation";

(b) for paragraph (d) substitute—

"(d) in the case of an order placing land under the control and management of the Secretary, being land to which section 19B of the National Parks Act 1975 is to apply, the Minister administering that Act.".

52. Insertion of new section 18B

After section 18A of the Crown Land (Reserves) Act 1978 insert—

"18B. Power of Secretary to enter into management agreements

The Secretary, with the approval of the Minister, may enter into a management agreement with any person with respect to the whole or any part of any land temporarily or permanently reserved under section 4 which is not land vested in or managed by another person or body.".

_______________

s. 52

Act No. 66/2000


27

PART 7—AMENDMENTS TO OTHER ACTS

53. Amendment of the Borrowing and Investment Powers Act 1987

In Schedule 1 to the Borrowing and Investment Powers Act 1987, item 24A is repealed.

54. Amendment of the Environment Conservation Council Act 1997

In the definition of "public land" in section 3 of the Environment Conservation Council Act 1997, paragraph (d) is repealed.

55. Amendment of the Forests Act 1958

In section 62(1A) of the Forests Act 1958—

(a) in paragraph (b), for "Director of National Parks and Wildlife" substitute "Secretary";

(b) in paragraph (c)—

(i) for "Director of National Parks and Wildlife" substitute "Secretary";

(ii) for "the Director manages" substitute "the Secretary manages";

(c) for paragraph (d) substitute—

See: Act No. 13/1987. Reprint No. 5 as at 1 February 1999 and amending Act Nos 98/1998, 8/1999, 45/1999, 53/1999, 60/1999, 63/1999 and 37/2000. LawToday: www.dms. dpc.vic. gov.au

s. 53

See: Act No. 41/1997 Reprint No. 1 as at 4 March 1999. LawToday: www.dms. dpc.vic. gov.au

See: Act No. 6254. Reprint No. 7 as at 18 February 1999 and amending Act No. 53/1999 LawToday: www.dms. dpc.vic. gov.au

Act No. 66/2000


28

"(d) the land—

(i) is under the control and management of the Secretary under section 18(1) of the Crown Land (Reserves) Act 1978; and

(ii) is land which was, immediately before the commencement of section 5 of the National Parks (Amendment) Act 1998 under the control of the Director of National Parks under section 18(1) of the Crown Land (Reserves) Act 1978—

the land is deemed to be protected public land;".

56. Amendment of Valuation of Land Act 1960

In the definition of "rating authority" in section 2(1) of the Valuation of Land Act 1960, for paragraph (e) substitute—

"(e) the Minister responsible for administering section 139 of the Water Industry Act 1994, when exercising the power to levy rates under that section;".

═══════════════

See: Act No. 6653. Reprint No. 9 as at 1 July 1998 and amending Act Nos 76/1998 and 52/1998 (as amended by 101/1998). LawToday: www.dms. dpc.vic. gov.au

s. 56

Act No. 66/2000


29

ENDNOTES

† Minister's second reading speech—

Legislative Assembly: 7 September 2000

Legislative Council: 25 October 2000

The long title for the Bill for this Act was "to provide for the power for Melbourne Parks and Waterways to surrender all its land to the State, to provide for functions, powers, rights and liabilities of Melbourne Parks and Waterways to be transferred to the State, to repeal provisions of the Water Industry Act 1994 establishing Melbourne Parks and Waterways, to make further amendments to other Acts, to repeal the Wattle Park Land Act 1991 and for other purposes."

Endnotes

Documents

Water Industry (Amendment) Act 2000 - Victorian … Water Industry (Amendment) Act 2000 Act No. 66/2000 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement