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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Melbourne and Metropolitan Board of Works
(Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. New section 281A inserted in MMBW Act 2
281A. Special drainage and river improvement rate--Patterson
Lakes 2
4. New section 293A inserted in MMBW Act 4
293A. Supreme Court--limitation of jurisdiction 4
NOTES 6
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PARLIAMENT OF VICTORIA
A BILL
to amend the Melbourne and Metropolitan Board of Works Act
1958 and for other purposes.
Melbourne and Metropolitan Board of
Works (Amendment) Act 1997
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to empower Melbourne
Water Corporation to levy a special drainage and
river improvement rate in the Patterson Lakes area
5 and validate the metropolitan drainage and river
improvement rates levied in that area since its
inclusion in the metropolis on 6 November 1991.
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1997
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Act No.
2. Commencement
This Act comes into operation on the day on
which it receives the Royal Assent.
3. New section 281A inserted in MMBW Act
5 After section 281 of the Melbourne and
Metropolitan Board of Works Act 1958
insert--
"281A. Special drainage and river improvement
rate--Patterson Lakes
10 (1) This section applies to--
(a) rateable properties within the land
included in the metropolis on and from
6 November 1991 as mentioned in
section 3(7)(c) which, immediately
15 before that date, were within a special
precept area within the meaning of
section 33A of the Dandenong Valley
Authority Act 1963 established in
relation to the Patterson Lakes area;
20 and
(b) any other rateable property which the
Board by resolution declares to be
benefitted by works or undertakings
that serve, and are for the particular
25 benefit of, the area referred to in
paragraph (a).
(2) In addition to levying the Metropolitan
Drainage and River Improvement Rate in
respect of them, the Board may, for the
30 purposes of this Part, from time to time but
not oftener than once in every year make and
levy a special drainage and river
improvement rate in respect of rateable
properties to which this section applies.
35
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Melbourne and Metropolitan Board of Works (Amendment) Act
1997
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Act No.
(3) This special rate--
(a) must be made and levied by reference
to the site value of the rateable
property; and
5 (b) may be made and levied at different
amounts in the dollar or at different
minimum amounts in respect of
different rateable properties; and
(c) must not exceed 5 cents in the dollar of
10 the site value of the rateable property.
(4) Before proceeding to make a special rate
under this section, the Board must consult
with a community-based committee
appointed by it.
15 (5) The following provisions apply with respect
to the membership of a committee appointed
under sub-section (4):
(a) at least two thirds of the membership
must consist of persons who are owners
20 or occupiers of rateable property to
which this section applies;
(b) the Board may invite the City of
Kingston and any local residents'
association to be represented on the
25 committee;
(c) the Minister may direct that a public
statutory body or government
department be represented on the
committee.
30 (6) Subject to this section, section 16 of the
Melbourne Water Corporation Act 1992
applies to a committee appointed under sub-
section (4).
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1997
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Act No.
(7) Subject to this section, the provisions of this
Act that extend and apply with respect to the
Metropolitan Drainage and River
Improvement Rate extend and apply also
5 with respect to the special drainage and river
improvement rate made or to be made under
this section.
(8) The Metropolitan Drainage and River
Improvement Rate made and levied in
10 respect of a rateable property to which this
section applies at any time between 6
November 1991 and the commencement of
the Melbourne and Metropolitan Board of
Works (Amendment) Act 1997 is not, and
15 must be taken never to have been, invalid
only because--
(a) it included an additional amount in
respect of a rateable property not
exceeding the amount of the special
20 drainage and river improvement rate
that could have been made and levied
in respect of that property under this
section if that Act had been passed at
the time at which that rate was made
25 and levied; or
(b) in including that additional amount the
Board failed to comply with any
requirement of this Part or exercised a
power conferred by this Part in a
30 manner, or for a purpose, that was not
authorised by this Part.".
4. New section 293A inserted in MMBW Act
After section 293 of the Melbourne and
Metropolitan Board of Works Act 1958
35 insert--
"293A. Supreme Court--limitation of jurisdiction
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s. 4
Act No.
It is the intention of section 281A(8) to alter
or vary section 85 of the Constitution Act
1975.".
5
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Melbourne and Metropolitan Board of Works (Amendment) Act
1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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