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PARLIAMENT OF VICTORIA
Water Industry (Amendment) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENTS TO THE WATER INDUSTRY ACT
1994 3
3. Principal Act 3
4. Amendment of definitions 3
5. Price regulation 4
6. Application of payments made to licensee 4
7. Information statements 4
8. Amendment of heading to Part 4 4
9. Repeal of provisions establishing Melbourne Parks and
Waterways 5
10. Repeal of land acquisition and management provisions 5
11. Jetty and mooring licences 5
12. Repeal of leasing power 6
13. 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
14. Amendment of power to make rates 7
15. Repeal of provisions relating to service charges 7
16. Substitution of sections 147 and 148 7
147. Powers of authorised officers 8
148. Power of Secretary to enter into management agreements 8
17. Amendment of regulation making power 8
18. Consequential repeal 9
19. Parks and Reserves Trust Account 9
20. Responsibility for the management of waterways in the
metropolitan area 10
21. Power of Minister to delegate 10
22. Insertion of new Parts 7 and 8 10
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Clause Page
PART 7--TRANSITIONAL PROVISIONS 10
186. Transitional provision for Melbourne Parks and
Waterways 11
187. Continued operation of jetty and mooring licences 12
PART 8--SURRENDER AND RESERVATION OF MPW
LAND 12
Division 1--Preliminary 12
188. Definition 12
Division 2--General surrender and reservation of land 12
189. Surrender and reservation of land at Braeside Park and
the Spring Park Golf Course 12
190. Surrender and reservation of land at Cardinia Creek Park 14
191. Surrender and reservation of land at the Dandenong
Valley Parklands 16
192. Surrender and reservation of land at the Lower
Maribyrnong Parklands 18
193. Surrender and reservation of land at Lower Yarra 19
194. Surrender and reservation of land at the Maribyrnong
Valley Parklands 21
195. Surrender and reservation of land at Merri Creek 23
196. Surrender and reservation of land at Patterson River 24
197. Surrender and reservation of land at the Plenty Gorge
Parklands 26
198. Surrender and reservation of land at Point Cook Coastal
Park 28
199. Surrender and reservation of land at the Sandbelt
Parklands 29
200. Surrender and reservation of land at the Yarra Valley
Parklands 31
201. Saving of leases 33
202. Action by Registrar of Titles 35
Division 3--Wattle Park Land 35
203. Repeal of the Wattle Park Land Act 1991 35
204. Surrender and reservation of Wattle Park Land 35
205. Saving of rights 36
23. Insertion of new Schedules 3, 4 and 5 36
SCHEDULE 3--Land to be surrendered to the Crown 36
SCHEDULE 4--Leases granted by MPW over MPW freehold 54
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Clause Page
SCHEDULE 5--Wattle Park Land 56
PART 3--AMENDMENTS TO THE WATER ACT 1989 57
24. Principal Act 57
25. Application of Part 10 57
26. Exercise of functions under Part 10 57
27. Application of Division 2 of Part 10 57
28. Repeal of section 188A 57
29. Consequential amendments 57
30. Repeal of application of Division 3 of Part 10 58
31. Repeal of section 200(4) 58
32. By-law making powers 58
PART 4--AMENDMENTS TO THE PARKS VICTORIA ACT 1998 59
33. Principal Act 59
34. Repeal of definition 59
35. Amendment of functions of Parks Victoria 59
PART 5--AMENDMENTS TO THE CROWN LAND (RESERVES)
ACT 1978 60
36. Principal Act 60
37. Power to acquire land under the Crown Land (Reserves) Act
1978 60
38. Power of Parks Victoria to act as a committee of management 60
39. Abrogation of the requirement to keep accounts 60
40. Repeal of references to Melbourne Parks and Waterways and
the Director of National Parks 61
41. Insertion of new section 18B 61
18B. Power of Secretary to enter into management agreements 61
PART 6--AMENDMENTS TO OTHER ACTS 62
42. Amendment of the Borrowing and Investment Powers Act
1987 62
43. Insertion of further delegation powers in the Conservation,
Forests and Lands Act 1987 62
44. Amendment of Schedule 1 to the Conservation, Forests and
Lands Act 1987 63
45. Amendment of the Environment Conservation Council Act
1997 63
46. Amendment of the Forests Act 1958 63
47. Amendment of section 4 of the Melbourne and Metropolitan
Board of Works Act 1958 64
48. Amendment of section 259(1) of the Melbourne and
Metropolitan Board of Works Act 1958 64
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Clause Page
49. Amendment of section 259(2) of the Melbourne and
Metropolitan Board of Works Act 1958 65
50. Amendment of section 261 of the Melbourne and Metropolitan
Board of Works Act 1958 65
51. Amendment of the National Parks Act 1975 66
52. Repeal of section 32AG of the National Parks Act 1975 66
53. Amendment of the Valuation of Land Act 1960 66
NOTES 67
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PARLIAMENT OF VICTORIA
A BILL
to provide for the transfer to the State of the property, rights and
liabilities of Melbourne Parks and Waterways, to repeal certain
provisions of the Water Industry Act 1994 establishing Melbourne
Parks and Waterways, to make further amendments to the Water Act
1989, the Water Industry Act 1994 and other Acts, to provide for the
repeal of the Wattle Park Land Act 1991 and for other purposes.
Water Industry (Amendment) Act 1999
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is--
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(a) to provide for the transfer to the State of the
property, rights and liabilities of Melbourne
Parks and Waterways; and
(b) to repeal certain provisions of the Water
5 Industry Act 1994 establishing Melbourne
Parks and Waterways; and
(c) to make further amendments to the Water
Act 1989, the Water Industry Act 1994 and
other Acts and to provide for the repeal of
10 the Wattle Park Land Act 1991.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Sections 40(1) and 46 are deemed to have come
15 into operation on the day on which section 5 of
the National Parks (Amendment) Act 1998
came into operation.
(3) Section 49 is deemed to have come into operation
on the day on which section 12 of the Water Acts
20 (Amendment) Act 1999 came into operation.
(4) Subject to sub-section (5), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(5) If a provision referred to in sub-section (4) does
25 not come into operation before 1 July 2000, it
comes into operation on that day.
_______________
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Act No.
PART 2--AMENDMENTS TO THE WATER INDUSTRY ACT
1994
No. 121/1994.
3. Principal Act
Reprint No. 3
In this Part, the Water Industry Act 1994 is as at
1 January
5 called the Principal Act. 1999.
4. Amendment of definitions
(1) In section 3(1) of the Principal Act--
(a) insert the following definitions--
' "authorised officer" means a person
10 appointed as an authorised officer
under Part 9 of the Conservation,
Forests and Lands Act 1987 for the
purposes of Division 4 or 6 of Part 4 of
this Act;
15 "waterways land" means land of the Crown
which is comprised of--
(a) the bed, soil and banks of--
(i) all rivers, creeks,
watercourses and other
20 waterways within the
metropolis, within the
meaning of the MMBW Act;
and
(ii) any length of the Werribee
25 River which is declared to be
waterways land by Order of
the Governor in Council
under sub-section (1A); and
(b) any land which is within 20
30 metres of land described in
paragraph (a);';
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(b) in the definition of "authorised person" omit
"or Melbourne Parks and Waterways, as the
case requires,";
(c) for the definition of "rating authority"
5 substitute--
' "rating authority" means the Minister
administering Part 4;'.
(2) In section 3 of the Principal Act, after sub-section
(1) insert--
10 "(1A) The Governor in Council may, by Order
made on the recommendation of the Minister
administering Part 4 and published in the
Government Gazette, declare the bed, soil
and banks of any length of the Werribee
15 River to be waterways land.".
5. Price regulation
In section 8(1) of the Principal Act, for
", Melbourne Water Corporation and Melbourne
Parks and Waterways" substitute "and Melbourne
20 Water Corporation".
6. Application of payments made to licensee
(1) In section 33(1)(b) of the Principal Act, for
"Melbourne Parks and Waterways" (wherever
occurring) substitute "the rating authority".
25 (2) In section 33(2) of the Principal Act, for
"Melbourne Parks and Waterways" substitute
"the rating authority".
7. Information statements
In section 75(3)(c) of the Principal Act, for
30 "Melbourne Parks and Waterways" substitute
"the rating authority".
8. Amendment of heading to Part 4
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In the heading to Part 4 of the Principal Act, for
"MELBOURNE PARKS AND
WATERWAYS" substitute "RATING
POWERS AND POWERS OVER
5 WATERWAYS LAND".
9. Repeal of provisions establishing Melbourne Parks
and Waterways
Divisions 1, 2 and 3 of Part 4 of the Principal Act
are repealed.
10 10. Repeal of land acquisition and management
provisions
Sections 132, 133, 134 and 135 of the Principal
Act are repealed.
11. Jetty and mooring licences
15 (1) In section 135A of the Principal Act, 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
20 any waterways land for the purposes of a
jetty or mooring.".
(2) In section 135A(5) and (6) of the Principal Act,
for "Melbourne Parks and Waterways" (wherever
occurring) substitute "the Minister".
25 (3) In section 135A(7) of the Principal Act--
(a) for "Melbourne Parks and Waterways"
substitute "the Minister"; and
(b) in paragraphs (a) and (b) omit "or vessel";
and
30 (c) for "it" substitute "he or she".
(4) In section 135A of the Principal Act, sub-sections
(9), (10) and (11) are repealed.
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12. Repeal of leasing power
Section 135B of the Principal Act is repealed.
13. Substitution of sections 136, 137 and 138
For sections 136, 137 and 138 of the Principal Act
5 substitute--
'136. Management of reservoir parks land
(1) The Governor in Council may, on the
recommendation of the Minister, make
regulations for or with respect to any of the
10 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--
(a) any reference in that section to a
15 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.
20 (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
25 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
30 the committee of management or
the trustees of any land--
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16
Act No.
were a reference to an authorised
officer.
(3) Regulations under this section do not have
effect unless there is in force a lease and
5 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
10 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 9 of the
15 Water Industry (Amendment) Act 1999, in
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
20 Waterways, the Minister is substituted for
Melbourne Parks and Waterways as the
lessee and licensee under the lease and
licence.'.
14. Amendment of power to make rates
25 In section 139 of the Principal Act, sub-section (1)
is repealed.
15. Repeal of provisions relating to service charges
Sections 144 and 145 of the Principal Act are
repealed.
30 16. Substitution of sections 147 and 148
For sections 147 and 148 of the Principal Act
substitute--
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"147. Powers of authorised officers
(1) For the purposes of enforcing Division 4 and
this Division, each authorised officer has the
same powers as an authorised officer has
5 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)
10 Act 1978 were a reference to regulations
made under Division 4 or this Division.
148. Power of Secretary to enter into
management agreements
Despite anything to the contrary in the Land
15 Act 1958, the Secretary 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
National Parks Act 1975 or Crown land
20 permanently or temporarily reserved under
the Crown Land (Reserves) Act 1978) to
manage the land for the purposes of
recreation, leisure, tourism or transport.".
17. Amendment of regulation making power
25 (1) In section 149 of the Principal Act--
(a) in paragraph (a), for "good order in, any
open space or park under the management
and control of Melbourne Parks and
Waterways" substitute "good order on, any
30 waterways land";
(b) for paragraph (b) substitute--
"(b) the removal from any waterways land
of any structure, vehicle, abandoned or
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Act No.
derelict vessel or other thing, and the
manner in which the thing removed
may be dealt with or disposed of;";
(c) after paragraph (b) insert--
5 "(c) prohibiting or regulating activities
relating to recreation, leisure, tourism
or transport on waterways land;
(d) fees or charges for--
(i) entry on the whole or any part of
10 waterways land (including any
waters on that land) by any person
or animal; or
(ii) the provision or use of any
improvements, services or
15 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 or for the
20 purposes of public safety or safe
navigation of waters on that land;
(f) navigation on any waters on waterways
land.".
18. Consequential repeal
25 Division 7 of Part 4 of the Principal Act is
repealed.
19. Parks and Reserves Trust Account
(1) In section 153A(2) of the Principal Act--
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(a) in paragraph (a) omit "Melbourne Parks and
Waterways or";
(b) paragraph (b) is repealed.
(2) In section 153A(3) of the Principal Act--
5 (a) in paragraph (c) omit "Melbourne Parks and
Waterways or";
(b) paragraph (d) is repealed.
(3) In section 153A of the Principal Act, for sub-
section (5) substitute--
10 '(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
15 Gazette.'.
20. Responsibility for the management of waterways in
the metropolitan area
In section 175A(3) of the Principal Act, for "any
Order in Council made under section 110(1)(a) or
20 (b) of this Act" substitute "Part 4".
21. Power of Minister to delegate
In section 176 of the Principal Act, omit "or
Melbourne Parks and Waterways".
22. Insertion of new Parts 7 and 8
25 After Part 6 of the Principal Act insert--
'PART 7--TRANSITIONAL PROVISIONS
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186. Transitional provision for Melbourne Parks
and Waterways
Except as otherwise provided in this Act, on
the commencement of section 9 of the
5 Water Industry (Amendment) Act 1999--
(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,
10 immediately before that
commencement were vested in
Melbourne Parks and Waterways, vest
in the State; and
(c) all debts, liabilities and obligations of
15 Melbourne Parks and Waterways
existing immediately before that
commencement, become debts,
liabilities and obligations of the State;
and
20 (d) the State is substituted as a party to any
proceedings pending in any court or
tribunal to which Melbourne Parks and
Waterways was a party immediately
before that commencement; and
25 (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
30 (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
35 far as it relates to any period after that
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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
5 licences
Despite the commencement of section 11 of
the Water Industry (Amendment) Act
1999, any licence issued under section 135A
of this Act, and in force immediately before
10 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
15 cancelled (whichever is the earlier).
PART 8--SURRENDER AND RESERVATION
OF MPW LAND
Division 1--Preliminary
188. Definition
20 In this Part--
"Central Plan Office" means the Central
Plan Office of the Department of
Natural Resources and Environment.
Division 2--General surrender and reservation
25 of land
189. Surrender and reservation of land at
Braeside Park and the Spring Park Golf
Course
(1) The Minister--
30 (a) on receiving a plan signed by the
Surveyor-General of the land shown
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Act No.
coloured green on the plan numbered
LEGL./99-48 and lodged in the Central
Plan Office; and
(b) on being satisfied that the land shown
5 in the plan signed by the Surveyor-
General corresponds as nearly as
practicable with the land shown
coloured green on the plan lodged in
the Central Plan Office--
10 may recommend to the Governor in Council
that the land shown in the plan signed by the
Surveyor-General be surrendered to the
Crown.
(2) On receiving the Minister's recommendation,
15 the Governor in Council may, by Order
published in the Government Gazette,
declare--
(a) that any interest in the land shown in
the plan signed by the Surveyor-
20 General that is vested in another person
is divested from that person; and
(b) that the land is surrendered to the
Crown.
(3) On publication of an Order under sub-section
25 (2) in the Government Gazette--
(a) the land shown in the plan signed by
the Surveyor-General is deemed to be
unalienated land of the Crown, freed
and discharged from all trusts,
30 limitations, reservations, restrictions,
encumbrances, estates and interests;
and
(b) if any part of the land is or is being
used as a road, that part of the land
35 ceases to be a road and all rights,
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easements and privileges existing or
claimed in it, either in the public or by
any body or person as incident to any
express or implied grant, or past
5 dedication or supposed dedication or by
user or operation of law or otherwise,
cease; and
(c) the folios of the Register set out in
Part 1 of Schedule 3 are cancelled; and
10 (d) 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 recreation, leisure, tourism
15 and conservation and the reservation
may be dealt with in accordance with
that Act.
190. Surrender and reservation of land at
Cardinia Creek Park
20 (1) The Minister--
(a) on receiving a plan signed by the
Surveyor-General of the land shown
coloured green on the plan numbered
LEGL./99-49 and lodged in the Central
25 Plan Office; and
(b) on being satisfied that the land shown
in the plan signed by the Surveyor-
General corresponds as nearly as
practicable with the land shown
30 coloured green on the plan lodged in
the Central Plan Office--
may recommend to the Governor in Council
that the land shown in the plan signed by the
Surveyor-General be surrendered to the
35 Crown.
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(2) On receiving the Minister's recommendation,
the Governor in Council may, by Order
published in the Government Gazette,
declare--
5 (a) that any interest in the land shown in
the plan signed by the Surveyor-
General that is vested in another person
is divested from that person; and
(b) that the land is surrendered to the
10 Crown.
(3) On publication of an Order under sub-section
(2) in the Government Gazette--
(a) the land shown in the plan signed by
the Surveyor-General is deemed to be
15 unalienated land of the Crown, freed
and discharged from all trusts,
limitations, reservations, restrictions,
encumbrances, estates and interests;
and
20 (b) if any part of the land is or is being
used as a road, that part of the land
ceases to be a road and all rights,
easements and privileges existing or
claimed in it, either in the public or by
25 any body or person as incident to any
express or implied grant, or past
dedication or supposed dedication or by
user or operation of law or otherwise,
cease; and
30 (c) the folios of the Register set out in
Part 2 of Schedule 3 are cancelled; and
(d) the land is deemed to be permanently
reserved under section 4(1) of the
Crown Land (Reserves) Act 1978 for
35 public purposes, being in particular the
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purposes of recreation, leisure, tourism
and conservation and the reservation
may be dealt with in accordance with
that Act.
5 191. Surrender and reservation of land at the
Dandenong Valley Parklands
(1) The Minister--
(a) on receiving a plan signed by the
Surveyor-General--
10 (i) of the land shown coloured green
and shown hatched red on the plan
numbered LEGL./99-50 and
lodged in the Central Plan Office;
and
15 (ii) showing by hatching the land
shown coloured green on the plan
numbered LEGL./99-50; and
(b) on being satisfied that the land shown
in the plan signed by the Surveyor-
20 General corresponds as nearly as
practicable with the land shown
coloured green and shown hatched red
on the plan lodged in the Central Plan
Office--
25 may recommend to the Governor in Council
that the land shown in the plan signed by the
Surveyor-General be surrendered to the
Crown.
(2) On receiving the Minister's recommendation,
30 the Governor in Council may, by Order
published in the Government Gazette,
declare--
(a) that any interest in the land shown in
the plan signed by the Surveyor-
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General that is vested in another person
is divested from that person; and
(b) that the land is surrendered to the
Crown.
5 (3) On publication of an Order under sub-section
(2) in the Government Gazette--
(a) the land shown in the plan signed by
the Surveyor-General is deemed to be
unalienated land of the Crown, freed
10 and discharged from all trusts,
limitations, reservations, restrictions,
encumbrances, estates and interests;
and
(b) if any part of the land is or is being
15 used as a road, that part of the land
ceases to be a road and all rights,
easements and privileges existing or
claimed in it, either in the public or by
any body or person as incident to any
20 express or implied grant, or past
dedication or supposed dedication or by
user or operation of law or otherwise,
cease; and
(c) the folios of the Register set out in
25 Part 3 of Schedule 3 are cancelled; and
(d) the land shown hatched in the plan
signed by the Surveyor-General is
deemed to be permanently reserved
under section 4(1) of the Crown Land
30 (Reserves) Act 1978 for public
purposes, being in particular the
purposes of recreation, leisure, tourism
and conservation and the reservation
may be dealt with in accordance with
35 that Act.
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192. Surrender and reservation of land at the
Lower Maribyrnong Parklands
(1) The Minister--
(a) on receiving a plan signed by the
5 Surveyor-General of the land shown
coloured green on the plan numbered
LEGL./99-51 and lodged in the Central
Plan Office; and
(b) on being satisfied that the land shown
10 in the plan signed by the Surveyor-
General corresponds as nearly as
practicable with the land shown
coloured green on the plan lodged in
the Central Plan Office--
15 may recommend to the Governor in Council
that the land shown in the plan signed by the
Surveyor-General be surrendered to the
Crown.
(2) On receiving the Minister's recommendation,
20 the Governor in Council may, by Order
published in the Government Gazette,
declare--
(a) that any interest in the land shown in
the plan signed by the Surveyor-
25 General that is vested in another person
is divested from that person; and
(b) that the land is surrendered to the
Crown.
(3) On publication of an Order under sub-section
30 (2) in the Government Gazette--
(a) the land shown in the plan signed by
the Surveyor-General is deemed to be
unalienated land of the Crown, freed
and discharged from all trusts,
35 limitations, reservations, restrictions,
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encumbrances, estates and interests;
and
(b) if any part of the land is or is being
used as a road, that part of the land
5 ceases to be a road and all rights,
easements and privileges existing or
claimed in it, either in the public or by
any body or person as incident to any
express or implied grant, or past
10 dedication or supposed dedication or by
user or operation of law or otherwise,
cease; and
(c) the folios of the Register including any
folios relating to the memorial set out
15 in Part 4 of Schedule 3 are cancelled;
and
(d) the land is deemed to be permanently
reserved under section 4(1) of the
Crown Land (Reserves) Act 1978 for
20 public purposes, being in particular the
purposes of recreation, leisure, tourism
and conservation and the reservation
may be dealt with in accordance with
that Act.
25 193. Surrender and reservation of land at Lower
Yarra
(1) The Minister--
(a) on receiving a plan signed by the
Surveyor-General of the land shown
30 coloured green on the plan numbered
LEGL./99-52 and lodged in the Central
Plan Office; and
(b) on being satisfied that the land shown
in the plan signed by the Surveyor-
35 General corresponds as nearly as
19
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Water Industry (Amendment) Act 1999
s. 22
Act No.
practicable with the land shown
coloured green on the plan lodged in
the Central Plan Office--
may recommend to the Governor in Council
5 that the land shown in the plan signed by the
Surveyor-General be surrendered to the
Crown.
(2) On receiving the Minister's recommendation,
the Governor in Council may, by Order
10 published in the Government Gazette,
declare--
(a) that any interest in the land shown in
the plan signed by the Surveyor-
General that is vested in another person
15 is divested from that person; and
(b) that the land is surrendered to the
Crown.
(3) On publication of an Order under sub-section
(2) in the Government Gazette--
20 (a) the land shown in the plan signed by
the Surveyor-General is deemed to be
unalienated land of the Crown, freed
and discharged from all trusts,
limitations, reservations, restrictions,
25 encumbrances, estates and interests;
and
(b) if any part of the land is or is being
used as a road, that part of the land
ceases to be a road and all rights,
30 easements and privileges existing or
claimed in it, either in the public or by
any body or person as incident to any
express or implied grant, or past
dedication or supposed dedication or by
20
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Water Industry (Amendment) Act 1999
s. 22
Act No.
user or operation of law or otherwise,
cease; and
(c) the folios of the Register set out in
Part 5 of Schedule 3 are cancelled; and
5 (d) 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 recreation, leisure, tourism
10 and conservation and the reservation
may be dealt with in accordance with
that Act.
194. Surrender and reservation of land at the
Maribyrnong Valley Parklands
15 (1) The Minister--
(a) on receiving a plan signed by the
Surveyor-General of the land shown
coloured green on the plan numbered
LEGL./99-53 and lodged in the Central
20 Plan Office; and
(b) on being satisfied that the land shown
in the plan signed by the Surveyor-
General corresponds as nearly as
practicable with the land shown
25 coloured green on the plan lodged in
the Central Plan Office--
may recommend to the Governor in Council
that the land shown in the plan signed by the
Surveyor-General be surrendered to the
30 Crown.
(2) On receiving the Minister's recommendation,
the Governor in Council may, by Order
published in the Government Gazette,
declare--
21
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Water Industry (Amendment) Act 1999
s. 22
Act No.
(a) that any interest in the land shown in
the plan signed by the Surveyor-
General that is vested in another person
is divested from that person; and
5 (b) that the land is surrendered to the
Crown.
(3) On publication of an Order under sub-section
(2) in the Government Gazette--
(a) the land shown in the plan signed by
10 the Surveyor-General is deemed to be
unalienated land of the Crown, freed
and discharged from all trusts,
limitations, reservations, restrictions,
encumbrances, estates and interests;
15 and
(b) if any part of the land is or is being
used as a road, that part of the land
ceases to be a road and all rights,
easements and privileges existing or
20 claimed in it, either in the public or by
any body or person as incident to any
express or implied grant, or past
dedication or supposed dedication or by
user or operation of law or otherwise,
25 cease; and
(c) the folios of the Register including the
folios relating to any memorials set out
in Part 6 of Schedule 3 are cancelled;
and
30 (d) 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 recreation, leisure, tourism
35 and conservation and the reservation
22
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 22
Act No.
may be dealt with in accordance with
that Act.
195. Surrender and reservation of land at Merri
Creek
5 (1) The Minister--
(a) on receiving a plan signed by the
Surveyor-General of the land shown
coloured green on the plan numbered
LEGL./99-54 and lodged in the Central
10 Plan Office; and
(b) on being satisfied that the land shown
in the plan signed by the Surveyor-
General corresponds as nearly as
practicable with the land shown
15 coloured green on the plan lodged in
the Central Plan Office--
may recommend to the Governor in Council
that the land shown in the plan signed by the
Surveyor-General be surrendered to the
20 Crown.
(2) On receiving the Minister's recommendation,
the Governor in Council may, by Order
published in the Government Gazette,
declare--
25 (a) that any interest in the land shown in
the plan signed by the Surveyor-
General that is vested in another person
is divested from that person; and
(b) that the land is surrendered to the
30 Crown.
(3) On publication of an Order under sub-section
(2) in the Government Gazette--
(a) the land shown in the plan signed by
the Surveyor-General is deemed to be
23
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 22
Act No.
unalienated land of the Crown, freed
and discharged from all trusts,
limitations, reservations, restrictions,
encumbrances, estates and interests;
5 and
(b) if any part of the land is or is being
used as a road, that part of the land
ceases to be a road and all rights,
easements and privileges existing or
10 claimed in it, either in the public or by
any body or person as incident to any
express or implied grant, or past
dedication or supposed dedication or by
user or operation of law or otherwise,
15 cease; and
(c) the folio of the Register set out in Part 7
of Schedule 3 is cancelled; and
(d) the land is deemed to be permanently
reserved under section 4(1) of the
20 Crown Land (Reserves) Act 1978 for
public purposes, being in particular the
purposes set out in section 4(1)(l), (m),
(n) and (o) of that Act and the
reservation may be dealt with in
25 accordance with that Act.
196. Surrender and reservation of land at
Patterson River
(1) The Minister--
(a) on receiving a plan signed by the
30 Surveyor-General of the land shown
coloured green on the plan numbered
LEGL./99-55 and lodged in the Central
Plan Office; and
(b) on being satisfied that the land shown
35 in the plan signed by the Surveyor-
24
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 22
Act No.
General corresponds as nearly as
practicable with the land shown
coloured green on the plan lodged in
the Central Plan Office--
5 may recommend to the Governor in Council
that the land shown in the plan signed by the
Surveyor-General be surrendered to the
Crown.
(2) On receiving the Minister's recommendation,
10 the Governor in Council may, by Order
published in the Government Gazette,
declare--
(a) that any interest in the land shown in
the plan signed by the Surveyor-
15 General that is vested in another person
is divested from that person; and
(b) that the land is surrendered to the
Crown.
(3) On publication of an Order under sub-section
20 (2) in the Government Gazette--
(a) the land shown in the plan signed by
the Surveyor-General is deemed to be
unalienated land of the Crown, freed
and discharged from all trusts,
25 limitations, reservations, restrictions,
encumbrances, estates and interests;
and
(b) if any part of the land is or is being
used as a road, that part of the land
30 ceases to be a road and all rights,
easements and privileges existing or
claimed in it, either in the public or by
any body or person as incident to any
express or implied grant, or past
35 dedication or supposed dedication or by
25
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 22
Act No.
user or operation of law or otherwise,
cease; and
(c) the folio of the Register set out in Part 8
of Schedule 3 is cancelled; and
5 (d) 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 recreation, leisure, tourism
10 and conservation and the reservation
may be dealt with in accordance with
that Act.
197. Surrender and reservation of land at the
Plenty Gorge Parklands
15 (1) The Minister--
(a) on receiving a plan signed by the
Surveyor-General of the land shown
coloured green on the plan numbered
LEGL./99-56 and lodged in the Central
20 Plan Office; and
(b) on being satisfied that the land shown
in the plan signed by the Surveyor-
General corresponds as nearly as
practicable with the land shown
25 coloured green on the plan lodged in
the Central Plan Office--
may recommend to the Governor in Council
that the land shown in the plan signed by the
Surveyor-General be surrendered to the
30 Crown.
(2) On receiving the Minister's recommendation,
the Governor in Council may, by Order
published in the Government Gazette,
declare--
26
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 22
Act No.
(a) that any interest in the land shown in
the plan signed by the Surveyor-
General that is vested in another person
is divested from that person; and
5 (b) that the land is surrendered to the
Crown.
(3) On publication of an Order under sub-section
(2) in the Government Gazette--
(a) the land shown in the plan signed by
10 the Surveyor-General is deemed to be
unalienated land of the Crown, freed
and discharged from all trusts,
limitations, reservations, restrictions,
encumbrances, estates and interests;
15 and
(b) if any part of the land is or is being
used as a road, that part of the land
ceases to be a road and all rights,
easements and privileges existing or
20 claimed in it, either in the public or by
any body or person as incident to any
express or implied grant, or past
dedication or supposed dedication or by
user or operation of law or otherwise,
25 cease; and
(c) the folios of the Register including any
folios relating to the memorial set out
in Part 9 of Schedule 3 are cancelled;
and
30 (d) 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 recreation, leisure, tourism
35 and conservation and the reservation
27
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 22
Act No.
may be dealt with in accordance with
that Act.
198. Surrender and reservation of land at Point
Cook Coastal Park
5 (1) The Minister--
(a) on receiving a plan signed by the
Surveyor-General of the land shown
coloured green on the plan numbered
LEGL./99-57 and lodged in the Central
10 Plan Office; and
(b) on being satisfied that the land shown
in the plan signed by the Surveyor-
General corresponds as nearly as
practicable with the land shown
15 coloured green on the plan lodged in
the Central Plan Office--
may recommend to the Governor in Council
that the land shown in the plan signed by the
Surveyor-General be surrendered to the
20 Crown.
(2) On receiving the Minister's recommendation,
the Governor in Council may, by Order
published in the Government Gazette,
declare--
25 (a) that any interest in the land shown in
the plan signed by the Surveyor-
General that is vested in another person
is divested from that person; and
(b) that the land is surrendered to the
30 Crown.
(3) On publication of an Order under sub-section
(2) in the Government Gazette--
28
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Water Industry (Amendment) Act 1999
s. 22
Act No.
(a) the land shown in the plan signed by
the Surveyor-General is deemed to be
unalienated land of the Crown, freed
and discharged from all trusts,
5 limitations, reservations, restrictions,
encumbrances, estates and interests;
and
(b) if any part of the land is or is being
used as a road, that part of the land
10 ceases to be a road and all rights,
easements and privileges existing or
claimed in it, either in the public or by
any body or person as incident to any
express or implied grant, or past
15 dedication or supposed dedication or by
user or operation of law or otherwise,
cease; and
(c) the folios of the Register set out in
Part 10 of Schedule 3 are cancelled;
20 and
(d) 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
25 purposes of recreation, leisure, tourism
and conservation and the reservation
may be dealt with in accordance with
that Act.
199. Surrender and reservation of land at the
30 Sandbelt Parklands
(1) The Minister--
(a) on receiving a plan signed by the
Surveyor-General--
(i) of the land shown coloured green
35 and shown hatched red on the plan
29
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
Act No.
numbered LEGL./99-58 and
lodged in the Central Plan Office;
and
(ii) showing by hatching the land
5 shown coloured green on the plan
numbered LEGL./99-58; and
(b) on being satisfied that the land shown
in the plan signed by the Surveyor-
General corresponds as nearly as
10 practicable with the land shown
coloured green and shown hatched red
on the plan lodged in the Central Plan
Office--
may recommend to the Governor in Council
15 that the land shown in the plan signed by the
Surveyor-General be surrendered to the
Crown.
(2) On receiving the Minister's recommendation,
the Governor in Council may, by Order
20 published in the Government Gazette,
declare--
(a) that any interest in the land shown in
the plan signed by the Surveyor-
General that is vested in another person
25 is divested from that person; and
(b) that the land is surrendered to the
Crown.
(3) On publication of an Order under sub-section
(2) in the Government Gazette--
30 (a) the land shown in the plan signed by
the Surveyor-General is deemed to be
unalienated land of the Crown, freed
and discharged from all trusts,
limitations, reservations, restrictions,
30
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 22
Act No.
encumbrances, estates and interests;
and
(b) if any part of the land is or is being
used as a road, that part of the land
5 ceases to be a road and all rights,
easements and privileges existing or
claimed in it, either in the public or by
any body or person as incident to any
express or implied grant, or past
10 dedication or supposed dedication or by
user or operation of law or otherwise,
cease; and
(c) the folios of the Register set out in
Part 11 of Schedule 3 are cancelled;
15 and
(d) the land shown hatched in the plan
signed by the Surveyor-General is
deemed to be permanently reserved
under section 4(1) of the Crown Land
20 (Reserves) Act 1978 for public
purposes, being in particular the
purposes of recreation, leisure, tourism
and conservation and the reservation
may be dealt with in accordance with
25 that Act.
200. Surrender and reservation of land at the
Yarra Valley Parklands
(1) The Minister--
(a) on receiving a plan signed by the
30 Surveyor-General of the land shown
coloured green on the plan numbered
LEGL./99-59 and lodged in the Central
Plan Office; and
(b) on being satisfied that the land shown
35 in the plan signed by the Surveyor-
31
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 22
Act No.
General corresponds as nearly as
practicable with the land shown
coloured green on the plan lodged in
the Central Plan Office--
5 may recommend to the Governor in Council
that the land shown in the plan signed by the
Surveyor-General be surrendered to the
Crown.
(2) On receiving the Minister's recommendation,
10 the Governor in Council may, by Order
published in the Government Gazette,
declare--
(a) that any interest in the land shown in
the plan signed by the Surveyor-
15 General that is vested in another person
is divested from that person; and
(b) that the land is surrendered to the
Crown.
(3) On publication of an Order under sub-section
20 (2) in the Government Gazette--
(a) the land shown in the plan signed by
the Surveyor-General is deemed to be
unalienated land of the Crown, freed
and discharged from all trusts,
25 limitations, reservations, restrictions,
encumbrances, estates and interests;
and
(b) if any part of the land is or is being
used as a road, that part of the land
30 ceases to be a road and all rights,
easements and privileges existing or
claimed in it, either in the public or by
any body or person as incident to any
express or implied grant, or past
32
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 22
Act No.
dedication or supposed dedication or by
user or operation of law or otherwise,
cease; and
(c) the folios of the Register including the
5 folios relating to any memorials set out
in Part 12 of Schedule 3 are cancelled;
and
(d) the land is deemed to be permanently
reserved under section 4(1) of the
10 Crown Land (Reserves) Act 1978 for
public purposes, being in particular the
purposes of recreation, leisure, tourism
and conservation and the reservation
may be dealt with in accordance with
15 that Act.
201. Saving of leases
(1) Despite anything to the contrary in the Land
Act 1958 or the Crown Land (Reserves)
Act 1978, section 191 does not affect the
20 status or continuity of any lease of land
specified in Part 1 of Schedule 4 and existing
immediately before the commencement of
section 191 and each lease has effect--
(a) as a lease between the Minister as
25 lessor and the lessee for the time being
under the lease as if it had been
assigned to the Minister; and
(b) as if it referred to the Minister instead
of to the lessor (however described).
30 (2) Despite anything to the contrary in the Land
Act 1958 or the Crown Land (Reserves)
Act 1978, section 194 does not affect the
status or continuity of any lease of land
specified in Part 2 of Schedule 4 and existing
33
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
Act No.
immediately before the commencement of
section 194 and each lease has effect--
(a) as a lease between the Minister as
lessor and the lessee for the time being
5 under the lease as if it had been
assigned to the Minister; and
(b) as if it referred to the Minister instead
of to the lessor (however described).
(3) Despite anything to the contrary in the Land
10 Act 1958 or the Crown Land (Reserves)
Act 1978, section 198 does not affect the
status or continuity of any lease of land
specified in Part 3 of Schedule 4 and existing
immediately before the commencement of
15 section 198 and each lease has effect--
(a) as a lease between the Minister as
lessor and the lessee for the time being
under the lease as if it had been
assigned to the Minister; and
20 (b) as if it referred to the Minister instead
of to the lessor (however described).
(4) Despite anything to the contrary in the Land
Act 1958 or the Crown Land (Reserves)
Act 1978, section 200 does not affect the
25 status or continuity of any lease of land
specified in Part 4 of Schedule 4 and existing
immediately before the commencement of
section 200 and each lease has effect--
(a) as a lease between the Minister as
30 lessor and the lessee for the time being
under the lease as if it had been
assigned to the Minister; and
(b) as if it referred to the Minister instead
of to the lessor (however described).
34
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 22
Act No.
(5) 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
5 prohibiting, restricting or regulating the
assignment of a lease.
202. Action by Registrar of Titles
On being requested to do so and on delivery
of any relevant instrument or document (but
10 without production of a duplicate Crown
grant or certificate of title), the Registrar of
Titles must make any recordings in the
Register that are necessary because of the
operation of this Division and Division 3.
15 Division 3--Wattle Park Land
203. Repeal of the Wattle Park Land Act 1991
The Wattle Park Land Act 1991 is
repealed.
204. Surrender and reservation of Wattle Park
20 Land
By force of this section the land shown
hatched on the Plan in Schedule 5 is
surrendered to the Crown and--
(a) is deemed to be unalienated land of the
25 Crown, freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests;
(b) the folios of the Register Volume 1416
30 Folio 110, Volume 1761 Folio 141 and
Volume 3010 Folio 859 are cancelled;
and
35
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 23
Act No.
(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
5 purposes of recreation, leisure, tourism
and conservation and the reservation
may be dealt with in accordance with
that Act.
205. Saving of rights
10 (1) This Division 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
15 (b) any golf course or tennis court--
on the land set out in Schedule 5.
(2) On the coming into operation of this
Division, any lease, licence, agreement or
arrangement to which sub-section (1) applies
20 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
25 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.'.
30 23. Insertion of new Schedules 3, 4 and 5
After Schedule 2 to the Principal Act insert--
"SCHEDULE 3
36
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 23
Act No.
LAND TO BE SURRENDERED TO THE
CROWN
PART 1
BRAESIDE PARK AND SPRING PARK GOLF
5 COURSE
Volume Folio
9980 228
9227 345
8205 686
Volume Folio
7898 092
9278 219
9538 871
9606 290
10226 078
3354 698
10420 442
PART 2
CARDINIA CREEK PARK
Volume Folio
10410 951
9758 531
5678 485
PART 3
DANDENONG VALLEY PARKLANDS
Volume Folio
8611 455
37
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
Act No.
8421 506
9157 533
6934 722
5975 934
7712 018
5918 410
8840 787
8869 825
7767 044
Volume Folio
3206 088
6665 806
8062 998
8988 356
7392 278
8062 999
8965 041
8556 332
8995 260
9001 927
9001 926
7410 857
9053 413
9053 414
8101 906
9083 757
8333 252
9239 396
9101 180
9112 630
38
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 23
Act No.
5205 817
9164 470
8724 319
9164 469
9256 416
7009 763
5488 502
8493 333
8493 334
Volume Folio
8493 335
9235 868
5351 091
8626 157
8950 122
5030 884
9235 719
8577 473
5595 967
5351 152
9235 298
9235 299
8916 178
8723 032
8912 543
9310 520
7199 790
8994 329
9016 810
8999 648
39
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
Act No.
8994 215
9516 400
8820 914
9091 447
9444 164
9458 487
8333 251
8127 824
9291 353
Volume Folio
9463 197
6561 136
9468 289
9468 287
8943 123
9366 597
9508 637
10303 036
9585 004
9857 937
9862 881
8372 890
9819 281
9634 722
10064 628
8125 821
7885 073
9157 033
9157 371
9157 370
40
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 23
Act No.
4181 173
10394 252
8264 385
8117 747
PART 4
LOWER MARIBYRNONG PARKLANDS
Volume Folio
8269 491
7878 068
8490 076
8539 949
8333 696
8844 972
8701 163
8783 790
8797 707
2962 227
2485 968
8754 208
8754 207
7792 104
9157 111
3371 165
8858 365
41
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 23
Act No.
8953 207
9227 346
9271 684
8603 084
8603 085
8732 976
9323 300
10217 737
9713 787
Volume Folio
9713 786
9779 505
8978 767
Book Memorial
819 740
PART 5
LOWER YARRA LANDS
Volume Folio
8431 593
8783 523
8800 646
8983 934
9947 453
9947 450
9940 671
10252 699
PART 6
MARIBYRNONG VALLEY PARKLANDS
42
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
Act No.
Volume Folio
9121 842
7055 965
7055 966
6094 762
6054 658
5982 301
Volume Folio
9121 843
9128 112
9498 845
8596 522
8893 992
9493 204
9493 205
10219 735
9087 545
8740 270
10445 406
10445 407
8545 208
9471 668
9240 681
9778 277
9367 796
9391 617
9514 375
10407 903
9649 865
43
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 23
Act No.
8136 230
8136 229
9769 284
5681 088
9592 493
10017 584
Book Memorial
776 109
824 3
824 2
PART 7
MERRI CREEK LAND
Volume Folio
10120 898
PART 8
PATTERSON RIVER LAND
Volume Folio
10308 285
5 PART 9
PLENTY GORGE PARKLANDS
Volume Folio
8675 185
5662 367
10041 846
44
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
Act No.
10041 847
10041 849
10041 850
10041 848
10226 077
10226 076
10062 099
9059 654
Volume Folio
10339 552
10076 469
10075 302
10111 859
9706 676
10321 523
10016 259
10016 260
9953 797
10076 470
10073 664
9036 391
10228 941
10214 607
10152 360
9759 351
10203 219
6084 609
8820 981
10339 224
10306 272
45
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 23
Act No.
10354 334
10075 301
Book Memorial
836 549
PART 10
POINT COOK COASTAL PARK
Volume Folio
9389 874
9297 614
9428 779
9627 183
4921 024
4921 025
5750 819
8196 790
10240 510
10240 512
6010 809
PART 11
SANDBELT PARKLANDS
Volume Folio
9827 547
10047 849
4567 232
46
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Water Industry (Amendment) Act 1999
s. 23
Act No.
9937 565
9101 178
9101 179
5520 857
PART 12
YARRA VALLEY PARKLANDS
Volume Folio
8329 202
8419 343
8185 482
7725 075
8410 063
9345 554
9114 472
9197 415
8872 098
8185 483
8021 007
9028 585
8309 130
8104 533
4547 389
6855 854
6983 576
8309 129
9105 613
47
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 23
Act No.
9300 094
7853 055
9596 973
5803 436
9121 246
8535 070
6473 528
Volume Folio
8648 505
8648 507
9138 577
9121 245
9433 719
9181 552
8211 985
9275 775
10329 951
3301 091
9217 919
6852 394
7483 063
9128 245
8638 875
10253 676
9089 399
9278 581
9278 578
9278 579
9278 580
10329 952
48
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
Act No.
9231 655
3778 414
8901 615
9316 227
9153 722
9153 725
9153 726
Volume Folio
9153 727
9153 728
9153 729
8251 749
8579 160
8579 161
8926 705
9121 650
9121 649
9121 648
9121 647
9121 646
9121 645
9121 644
9121 642
9121 643
5411 035
9231 695
9231 694
8822 134
9204 319
8576 007
49
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 23
Act No.
8231 955
9184 144
9184 145
9184 146
9184 147
9184 148
8889 597
Volume Folio
4191 156
9391 492
9340 549
9340 550
8403 630
8403 629
8403 628
8800 796
8806 673
9340 811
8710 779
9297 603
9297 602
9476 563
9476 562
9447 173
8294 747
9396 830
9503 958
10226 075
9533 844
5120 966
50
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 23
Act No.
8140 215
6379 713
9814 496
9533 917
9468 102
6494 707
9468 909
Volume Folio
9484 514
9478 382
9620 260
9503 165
8774 803
8774 773
8774 780
8774 759
8774 766
8774 804
8774 760
8774 767
8774 774
8774 781
8774 805
8774 761
8774 768
8774 775
8774 782
8774 757
8774 764
8774 771
51
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 23
Act No.
8774 778
8774 801
8774 758
8774 765
8774 772
8774 779
8774 802
Volume Folio
8213 745
9674 286
9628 343
9246 348
8938 226
9256 855
10069 006
9153 723
9153 724
9153 730
7390 830
9832 218
4243 532
9854 102
9933 781
2133 558
10229 287
10166 173
9679 599
10229 369
7390 828
8499 392
52
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Water Industry (Amendment) Act 1999
s. 23
Act No.
9647 809
3721 116
9456 325
10251 094
10410 953
Book Memorial
805 520
773 70
851 918
_______________
53
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 23
Act No.
SCHEDULE 4
LEASES GRANTED BY MPW OVER MPW FREEHOLD
PART 1
MPW Affected Titles
Land
Parcel Street address of
Number Lessee leased land Volume Folio
ID 652 Ablebay Pty Ltd Chesterfield 9235 298
ID 653 Farm, 9235 299
Ferntree Gully
Road, Scoresby
ID 861 Telstra Shepherds Bush 8943 123
Corporation Depot, Glen
Limited Waverley
ID 729 Victorian Jazz Koomba Park, 9310 520
Archive Inc. Mountain
Highway,
Wantirna
ID 423 Monash Pony Drummies 8988 356
Club Inc. Bridge Reserve,
High Street
Road, Glen
Waverley
ID 462 Hokky Keth High Street Rd 9001 927
ID 463 Wantirna South 9001 926
ID 773 Hong Lam Norton's Lane 9516 400
Wantirna Sth
ID 711 Frank and High Street 8916 178
Margaret Canatelli Road, Wantirna
ID 729 Operation Koomba Park, 9310 520
Revegetation Pty Mountain
Ltd Highway,
Wantirna
MPW Affected Titles
Land
54
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 23
Act No.
Parcel Street address of
Number Lessee leased land Volume Folio
ID 589 Bushy Park High Street 8493 334
ID 711 Orchards Pty Ltd Road, Wantirna 8723 032
ID 712 South 8916 178
PART 2
MPW Affected Titles
Land
Parcel Street address of
Number Lessee leased land Volume Folio
ID 546 Colin C McMullen Brimbank Park 8596 522
East Keilor
PART 3
MPW Affected Titles
Land
Parcel Street address of
Number Lessee leased land Volume Folio
ID 618 Accuracy Pty Ltd Point Cook 9389 874
ID 619 Homestead 9297 614
PART 4
MPW Affected Titles
Land
Parcel Street address of
Number Lessee leased land Volume Folio
ID 789 Riding for the Banyule Road, 9503 958
ID 1018 Disabled Viewbank 4243 532
Association of
Victoria Inc.
_______________
5
55
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 23
Act No.
SCHEDULE 5
WATTLE PARK LAND
.".
_______________
5
56
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 24
Act No.
PART 3--AMENDMENTS TO THE WATER ACT 1989
No. 80/1989.
24. Principal Act
Reprint No. 4
In this Part, the Water Act 1989 is called the as at
1 October
Principal Act. 1998. Further
amended by
Nos 76/1998,
85/1998 and
52/1998 (as
amended by
No. 101/1998).
5 25. Application of Part 10
In section 185(1) of the Principal Act, paragraph
(c) is repealed.
26. Exercise of functions under Part 10
In section 186 of the Principal Act, sub-sections
10 (2) and (3) are repealed.
27. Application of Division 2 of Part 10
(1) In section 187(1) of the Principal Act, omit "and
to Melbourne Parks and Waterways".
(2) In section 187 of the Principal Act, sub-section (2)
15 is repealed.
28. Repeal of section 188A
Section 188A of the Principal Act is repealed.
29. Consequential amendments
(1) In section 194 of the Principal Act, sub-section (4)
20 is repealed.
(2) In section 195 of the Principal Act, sub-section (4)
is repealed.
57
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 30
Act No.
(3) In section 196 of the Principal Act, sub-section (3)
is repealed.
(4) In section 197 of the Principal Act, sub-section (3)
is repealed.
5 30. Repeal of application of Division 3 of Part 10
(1) In section 198(1) of the Principal Act, paragraph
(a) is repealed.
(2) In section 198 of the Principal Act, sub-section (2)
is repealed.
10 31. Repeal of section 200(4)
In section 200 of the Principal Act, sub-section (4)
is repealed.
32. By-law making powers
In section 219 of the Principal Act, sub-sections
15 (1A) and (2) are repealed.
_______________
58
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 33
Act No.
PART 4--AMENDMENTS TO THE PARKS VICTORIA ACT
1998
No. 44/1998.
33. Principal Act
Further
In this Part, the Parks Victoria Act 1998 is called amended by
No. 76/1998.
5 the Principal Act.
34. Repeal of definition
In section 3 of the Principal Act, for the definition
of "MPW" substitute--
' "MPW" means Melbourne Parks and
10 Waterways established under the Water
Industry Act 1994 as in force before the
coming into operation of section 9 of the
Water Industry (Amendment) Act 1999;'.
35. Amendment of functions of Parks Victoria
15 In section 7(1) of the Principal Act, 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
20 meaning of the Water Industry Act 1994)
for the purposes of recreation, leisure,
tourism or transport;".
_______________
59
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 36
Act No.
PART 5--AMENDMENTS TO THE CROWN LAND
(RESERVES) ACT 1978
No. 9212. 36. Principal Act
Reprinted as
In this Part, the Crown Land (Reserves) Act
at 26 February
1998. Further
5 1978 is called the Principal Act.
amended by
Nos 46/1998,
76/1998 and
85/1998.
37. Power to acquire land under the Crown Land
(Reserves) Act 1978
In section 5(4) of the Principal Act, after
paragraph (b) insert--
10 "(c) any land, which is within the area or areas
specified for the purposes of section 139(1A)
of the Water Industry Act 1994 by the
Governor in Council by Order published in
the Government Gazette, and which the
15 Minister is satisfied, on reasonable grounds,
should be reserved for any of the purposes
specified in paragraphs (w) and (x) of
section 4(1).".
38. Power of Parks Victoria to act as a committee of
20 management
In section 14(4) of the Principal Act, for
paragraph (cb) substitute--
"(cb) Parks Victoria;".
39. Abrogation of the requirement to keep accounts
25 In section 15(8A) of the Principal Act, for
paragraph (bb) substitute--
"(bb) Parks Victoria;".
60
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 40
Act No.
40. Repeal of references to Melbourne Parks and
Waterways and the Director of National Parks
(1) In section 18(1) of the Principal Act, for
", Melbourne Parks and Waterways or, the
5 Director of National Parks and Wildlife"
substitute "or Melbourne Parks and Waterways".
(2) In section 18(1) of the Principal Act, for
", Melbourne Water Corporation, or Melbourne
Parks and Waterways" substitute "or Melbourne
10 Water Corporation".
(3) In section 18(3) of the Principal Act--
(a) in paragraph (c), for ", Melbourne Water
Corporation or Melbourne Parks and
Waterways" substitute "or Melbourne Water
15 Corporation";
(b) paragraph (d) is repealed.
41. Insertion of new section 18B
After section 18A of the Principal Act insert--
"18B. Power of Secretary to enter into
20 management agreements
The Secretary 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
25 which is not land vested in or managed by
another person or body.".
_______________
61
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 42
Act No.
PART 6--AMENDMENTS TO OTHER ACTS
No. 13/1987. 42. Amendment of the Borrowing and Investment Powers
Reprinted as
Act 1987
at 1 February
1999. Further
In Schedule 1 to the Borrowing and Investment
amended by
5 Powers Act 1987, item 24A is repealed.
No. 98/1998.
No. 41/1987. 43. Insertion of further delegation powers in the
Reprinted as
Conservation, Forests and Lands Act 1987
at 1 January
1999. Further
(1) In section 11 of the Conservation, Forests and
amended by
Lands Act 1987, after sub-section (3A) insert--
No. 70/1998.
10 "(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
15 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
20 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--
25 "(3C) The Secretary, by instrument under seal, may
delegate any of the Secretary's powers,
functions or duties under regulations made
under section 149 or 184 of the Water
Industry Act 1994 to Parks Victoria or an
30 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
62
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 44
Act No.
arrangement relating to the management of
waterways land (within the meaning of the
Water Industry Act 1994) by Parks
Victoria.".
5 44. 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 "Divisions 4 and 6
10 of Part 4 of the Water Industry Act 1994".
No. 41/1997.
45. Amendment of the Environment Conservation
Reprinted as
Council Act 1997 at 4 March
1999.
In the definition of "public land" in section 3 of
the Environment Conservation Council Act
15 1997, paragraph (d) is repealed.
No. 6254.
46. Amendment of the Forests Act 1958
Reprinted as
In section 62(1A) of the Forests Act 1958-- at 18 February
1999.
(a) in paragraph (b), for "Director of National
Parks and Wildlife" substitute "Secretary";
20 (b) in paragraph (c)--
(i) for "Director of National Parks and
Wildlife" substitute "Secretary";
(ii) for "Director" (where secondly
occurring) substitute "Secretary";
25 (c) for paragraph (d) substitute--
"(d) the land--
(i) is under the control and
management of the Secretary
under section 18(1) of the Crown
30 Land (Reserves) Act 1978; and
(ii) is land which was, immediately
before the commencement of
63
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 47
Act No.
section 40(1) of the Water
Industry (Amendment) Act 1999
under the control and management
of the Director of National Parks
5 under section 18(1) of the Crown
Land (Reserves) Act 1978--
the land is deemed to be protected
public land;".
No. 6310. 47. Amendment of section 4 of the Melbourne and
Reprinted as
10 Metropolitan Board of Works Act 1958
at 17 April
1997. Further
In section 4(1) of the Melbourne and
amended by
Metropolitan Board of Works Act 1958 for
Nos 7778,
38/1990,
"Melbourne Parks and Waterways" substitute
38/1997,
"the Minister administering Part 4 of the Water
45/1997,
4/1996 (as
15 Industry Act 1994".
amended by
No. 50/1997),
104/1997,
109/1997,
110/1997,
46/1998,
76/1998 and
86/1998.
48. Amendment of section 259(1) of the Melbourne and
Metropolitan Board of Works Act 1958
In the definition of "river improvement works" in
section 259(1) of the Melbourne and
20 Metropolitan Board of Works Act 1958, after
"The establishment of ferries;" insert--
"The formation and management of lakes and
wetlands;
The revegetation of banks;
25 The conservation, improvement and protection of
waterways and the banks of those waterways.".
64
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 49
Act No.
49. Amendment of section 259(2) of the Melbourne and
Metropolitan Board of Works Act 1958
In section 259(2) of the Melbourne and
Metropolitan Board of Works Act 1958--
5 (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.
50. Amendment of section 261 of the Melbourne and
10 Metropolitan Board of Works Act 1958
In section 261 of the Melbourne and
Metropolitan Board of Works Act 1958, at the
end of the section insert--
"(2) The Board has the following waterway
15 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
20 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
25 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.".
65
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
s. 51
Act No.
51. Amendment of the National Parks Act 1975
No. 8702.
Reprinted
In section 3(2) of the National Parks Act 1975,
as at
omit "Melbourne Parks and Waterways,".
12 September
1997. Further
amended by
Nos 37/1989
(as amended
by
No. 7/1997),
38/1989 (as
amended by
No. 11/1995),
55/1997,
89/1997,
104/1997,
46/1998,
70/1998,
76/1998 and
96/1998.
52. Repeal of section 32AG of the National Parks Act
5 1975
Section 32AG of the National Parks Act 1975 is
repealed.
No. 6653. 53. Amendment of the Valuation of Land Act 1960
Reprinted as
In the definition of "rating authority" in section
at 1 July 1998.
Further
10 2(1) of the Valuation of Land Act 1960, for
amended by
paragraph (e) substitute--
Nos 76/1998
and 52/1998
(as amended "(e) the Minister responsible for administering
by 101/1998).
section 139 of the Water Industry Act
1994, when exercising the power to levy
15 rates under that section;".
66
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
67
532201B.I1-25/5/99
Water Industry (Amendment) Act 1999
Act No.
68
532201B.I1-25/5/99
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