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PARLIAMENT OF VICTORIA
Water Industry (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purposes 2
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
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Clause Page
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
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Clause Page
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
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541095B.I1-8/9/2000 BILL LA CIRCULATION 8/9/00
PARLIAMENT OF VICTORIA
Initiated in Assembly 6 September 2000
A BILL
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.
Water Industry (Amendment) Act 2000
The Parliament of Victoria enacts as follows:
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Water Industry (Amendment) Act 2000
s. 1
Act No.
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to provide for the power for Melbourne
5 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
10 (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
15 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.
20 (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
25 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.
30 _______________
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Water Industry (Amendment) Act 2000
s. 3
Act No.
PART 2--AMENDMENTS TO THE WATER INDUSTRY ACT
1994
See: 3. Amendment of definitions
Act No.
121/1994
In section 3(1) of the Water Industry Act
Reprint No. 3
5 1994--
as at
1 January
(a) insert the following definitions--
1999
and
amending ' "authorised officer" means a person
Act No.
appointed as an authorised officer
22/1999.
LawToday: under the Conservation, Forests and
www.dms.
10 Lands Act 1987 for the purposes of
dpc.vic.
gov.au 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
15 waterway within the metropolitan
area (within the meaning of
section 153A); and
(b) any land which is within 20
metres of land described in
20 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"
25 substitute--
' "rating authority" means the Minister
administering Part 4;'.
4. Price regulation
In section 8(1) of the Water Industry Act 1994,
30 for ", Melbourne Water Corporation and
Melbourne Parks and Waterways" substitute "and
Melbourne Water Corporation".
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Water Industry (Amendment) Act 2000
s. 5
Act No.
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
5 authority".
(2) In section 33(2) of the Water Industry Act 1994,
for "Melbourne Parks and Waterways" substitute
"the rating authority".
6. Information statements
10 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
15 Act 1994, for "MELBOURNE PARKS AND
WATERWAYS" substitute "LAND
MANAGEMENT AND RATING POWERS".
8. Repeal of provisions establishing Melbourne Parks
and Waterways
20 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--
25 "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
30 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
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Water Industry (Amendment) Act 2000
s. 10
Act No.
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
5 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
10 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
15 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
20 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
25 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
30 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
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Water Industry (Amendment) Act 2000
s. 13
Act No.
(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
5 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
10 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"
15 (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"
20 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
25 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
30 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--
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Water Industry (Amendment) Act 2000
s. 14
Act No.
(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
5 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
10 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
15 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
20 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
25 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.
30 137. 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
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Water Industry (Amendment) Act 2000
s. 15
18
Act No.
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
5 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
10 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.
15 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
20 184(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
25 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).".
30 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
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Water Industry (Amendment) Act 2000
s. 19
Act No.
and control of Melbourne Parks and
Waterways" substitute "good order on, any
waterways land";
(b) for paragraph (b) substitute--
5 "(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;";
10 (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
15 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
20 animal; or
(ii) the provision or use of any
improvements, services or
facilities on any waterways land;
(e) closing any part of waterways land--
25 (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
30 1994 is repealed.
20. Parks and Reserves Trust Account
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Water Industry (Amendment) Act 2000
s. 21
Act No.
(1) In section 153A(2) of the Water Industry Act
1994--
(a) in paragraph (a) omit "Melbourne Parks and
Waterways or";
5 (b) paragraph (b) is repealed.
(2) In section 153A(3) of the Water Industry Act
1994--
(a) after paragraph (b) insert--
"(ba) such amounts as the Secretary, with the
10 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
15 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
20 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--
25 "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.'.
30 21. Responsibility for the management of waterways in
the metropolitan area
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Water Industry (Amendment) Act 2000
Act No.
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
5 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--
10 '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
15 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,
20 immediately before that
commencement were vested in
Melbourne Parks and Waterways, vest
in the State; and
(c) all debts, liabilities and obligations of
25 Melbourne Parks and Waterways
existing immediately before that
commencement, become debts,
liabilities and obligations of the State;
and
30 (d) the State is substituted as a party to any
proceedings pending in any court or
tribunal to which Melbourne Parks and
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Water Industry (Amendment) Act 2000
s. 23
Act No.
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
5 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
10 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
15 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
20 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
25 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
30 188. Repeal of the Wattle Park Land Act 1991
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Water Industry (Amendment) Act 2000
s. 23
Act No.
The Wattle Park Land Act 1991 is
repealed.
189. Surrender and reservation of Wattle Park
Land
5 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
10 trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests; and
(b) the folios of the Register Volume 1416
Folio 110, Volume 1761 Folio 141 and
15 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
20 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.
25 190. 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--
30 (a) the Wattle Park Chalet; or
(b) any golf course or tennis court--
on the land set out in Schedule 3.
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Water Industry (Amendment) Act 2000
s. 23
24
Act No.
(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
5 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
10 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
15 After Schedule 2 to the Water Industry Act 1994
insert--
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Water Industry (Amendment) Act 2000
Act No.
"SCHEDULE 3
WATTLE PARK LAND
Parish of Nunawading
.".
5 _______________
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Water Industry (Amendment) Act 2000
s. 25
Act No.
PART 3--AMENDMENTS TO THE WATER ACT 1989
See:
25. Application of Part 10 Act No.
80/1989.
In section 185(1) of the Water Act 1989, Reprint No. 5
paragraph (c) is repealed. as at
18 May 1999
and
amending
Act Nos
22/1999,
65/1999 and
30/2000.
LawToday:
www.dms.
dpc.vic.
gov.au
5 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
10 "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.
15 29. Consequential amendments
(1) In section 194 of the Water Act 1989, sub-
section (4) is repealed.
(2) In section 195 of the Water Act 1989, sub-
section (4) is repealed.
20 (3) In section 196 of the Water Act 1989, sub-
section (3) is repealed.
(4) In section 197 of the Water Act 1989, sub-
section (3) is repealed.
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Water Industry (Amendment) Act 2000
s. 30
Act No.
30. Repeal of application of Division 3 of Part 10
(1) In section 198(1) of the Water Act 1989,
paragraph (a) is repealed.
(2) In section 198 of the Water Act 1989, sub-
5 section (2) 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
10 In section 219 of the Water Act 1989, sub-
sections (1A) and (2) are repealed.
_______________
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Water Industry (Amendment) Act 2000
s. 33
Act No.
PART 4--AMENDMENTS TO THE CONSERVATION,
FORESTS AND LANDS ACT 1987, THE NATIONAL PARKS
ACT 1975 AND THE PARKS VICTORIA ACT 1998
See:
33. Insertion of further delegation powers in the Act No.
5 Conservation, Forests and Lands Act 1987 41/1987.
Reprint No. 4
(1) In section 11 of the Conservation, Forests and as at
1 January
Lands Act 1987, after sub-section (3A) insert-- 1999
and
"(3AA) The Minister, by instrument, may delegate amending
any of the Minister's powers, functions or Act No.
70/1998.
10 duties under Division 4 of Part 4 of the LawToday:
Water Industry Act 1994 to Parks Victoria www.dms.
dpc.vic.
or an employee of Parks Victoria for the gov.au
purpose of the performance or exercise by
Parks Victoria or an employee of Parks
15 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)
20 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,
25 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
30 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
35 waterways land (within the meaning of the
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Water Industry (Amendment) Act 2000
s. 34
Act No.
Water Industry Act 1994) by Parks
Victoria.".
34. Amendment of Schedule 1 to the Conservation,
Forests and Lands Act 1987
5 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".
See:
10 35. Amendment of section 3 of the National Parks Act
Act No.
1975
8702.
Reprint No. 7
(1) In section 3(1) of the National Parks Act 1975--
as at
1 July 1999
(a) for the definition of "authorized officer"
and
amending
substitute--
Act Nos
38/1989 (as
15 "authorised officer" means a person
amended by
appointed as an authorised officer
No. 11/1995),
96/1998,
under the Conservation, Forests and
30/2000 and
Lands Act 1987 for the purposes of
50/2000.
LawToday:
this Act;
www.dms.
dpc.vic.
20 (b) for the definition of "Director" substitute--
gov.au
"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,".
25 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
30 Officer of Parks Victoria, appointed under
the Parks Victoria Act 1998, is the Director
of National Parks.".
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Water Industry (Amendment) Act 2000
s. 37
Act No.
37. Function of Director--National Parks Act 1975
In section 6 of the National Parks Act 1975, after
"about the" insert "operational elements of".
5 38. Membership of National Parks Advisory Council
(1) In section 10(1) of the National Parks Act
1975--
(a) before paragraph (a) insert--
"(aa) one shall be the Secretary or his or her
10 nominee;";
(b) in paragraph (a), for "the Conservation
Council of Victoria" substitute
"Environment Victoria Inc.".
(2) In section 10(2) of the National Parks Act
15 1975--
(a) for "Conservation Council of Victoria"
substitute "Environment Victoria Inc.";
(b) for "requests that Council or Association"
substitute "requests the body to whom the
20 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
25 ", 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--
30 "(5A) Sub-sections (1), (2), (3), (4) and (5) do not
apply to the Secretary and to the Director.".
20
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Water Industry (Amendment) Act 2000
s. 39
Act No.
39. Repeal of section 32AG of the National Parks Act
1975
Section 32AG of the National Parks Act 1975 is
repealed.
See:
5 40. Repeal of definition--Parks Victoria Act 1998
Act No.
44/1998
In section 3 of the Parks Victoria Act 1998, for
and
the definition of "MPW" substitute--
amending
Act No.
' "MPW" means Melbourne Parks and
76/1998.
LawToday:
Waterways established under the Water
www.dms.
10 Industry Act 1994 as in force before the
dpc.vic.
gov.au
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
15 "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,
20 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)
25 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,
30 after sub-section (3) insert--
21
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Water Industry (Amendment) Act 2000
s. 43
Act No.
"(4) It is a function of the chief executive officer
to be the Director of National Parks under
the National Parks Act 1975.".
_______________
5
22
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Water Industry (Amendment) Act 2000
s. 44
Act No.
PART 5--AMENDMENTS TO THE MELBOURNE AND
METROPOLITAN BOARD OF WORKS ACT 1958
See: 44. Amendment of section 4
Act No.
6310.
In section 4(1) of the Melbourne and
Reprint No. 9
5 Metropolitan Board of Works Act 1958 omit
as at
1 July 1999.
"Melbourne Parks and Waterways or".
LawToday:
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dpc.vic.
gov.au
45. Amendment of section 259(1)
In the definition of "river improvement works" in
section 259(1) of the Melbourne and
10 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;
15 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--
20 (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
25 In section 261 of the Melbourne and
Metropolitan Board of Works Act 1958, at the
end of the section insert--
23
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Water Industry (Amendment) Act 2000
s. 47
Act No.
"(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
5 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
10 enhancement of the waterways;
(c) to investigate, promote and research
any matter related to its functions
powers and duties in relation to
waterway management;
15 (d) to educate the public about any aspect
of waterway management.".
_______________
24
541095B.I1-8/9/2000 BILL LA CIRCULATION 8/9/00
Water Industry (Amendment) Act 2000
s. 48
Act No.
PART 6--AMENDMENTS TO THE CROWN LAND
(RESERVES) ACT 1978
See: 48. Power to acquire land under the Crown Land
Act No.
(Reserves) Act 1978
9212.
Reprint No. 5
5 In section 5(4) of the Crown Land (Reserves)
as at
1 July 1999.
Act 1978, after paragraph (b) insert--
LawToday:
www.dms.
"; or
dpc.vic.
gov.au
(c) any land which is within the metropolitan
area (within the meaning section 153A of the
10 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).".
15 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;".
20 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
25 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"
30 substitute "or Melbourne Parks and Waterways".
(2) In section 18(1) of the Crown Land (Reserves)
Act 1978, for "Melbourne Water Corporation, or
25
541095B.I1-8/9/2000 BILL LA CIRCULATION 8/9/00
Water Industry (Amendment) Act 2000
s. 52
Act No.
Melbourne Parks and Waterways" substitute "or
Melbourne Water Corporation".
(3) In section 18(3) of the Crown Land (Reserves)
Act 1978--
5 (a) in paragraph (c), for ", Melbourne Water
Corporation or Melbourne Parks and
Waterways" substitute "or Melbourne Water
Corporation";
(b) for paragraph (d) substitute--
10 "(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
15 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
20 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
25 or permanently reserved under section 4
which is not land vested in or managed by
another person or body.".
_______________
26
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Water Industry (Amendment) Act 2000
s. 53
Act No.
PART 7--AMENDMENTS TO OTHER ACTS
See: 53. Amendment of the Borrowing and Investment Powers
Act No.
Act 1987
13/1987.
Reprint No. 5
In Schedule 1 to the Borrowing and Investment
as at
1 February
5 Powers Act 1987, item 24A is repealed.
1999
and
amending
Act Nos
98/1998,
8/1999,
45/1999,
53/1999,
60/1999,
63/1999 and
37/2000.
LawToday:
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dpc.vic.
gov.au
See: 54. Amendment of the Environment Conservation
Act No.
Council Act 1997
41/1997
Reprint No. 1
In the definition of "public land" in section 3 of
as at
4 March 1999.
the Environment Conservation Council Act
LawToday:
10 1997, paragraph (d) is repealed.
www.dms.
dpc.vic.
gov.au
See: 55. Amendment of the Forests Act 1958
Act No.
6254.
In section 62(1A) of the Forests Act 1958--
Reprint No. 7
as at
(a) in paragraph (b), for "Director of National
18 February
Parks and Wildlife" substitute "Secretary";
1999
and amendin
15 g Act No. (b) in paragraph (c)--
53/1999
LawToday: (i) for "Director of National Parks and
www.dms.
Wildlife" substitute "Secretary";
dpc.vic.
gov.au
(ii) for "the Director manages" substitute
"the Secretary manages";
20 (c) for paragraph (d) substitute--
27
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Water Industry (Amendment) Act 2000
s. 56
Act No.
"(d) the land--
(i) is under the control and
management of the Secretary
under section 18(1) of the Crown
5 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
10 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
15 public land;".
See:
56. Amendment of Valuation of Land Act 1960 Act No.
6653.
In the definition of "rating authority" in section Reprint No. 9
2(1) of the Valuation of Land Act 1960, for as at
1 July 1998
paragraph (e) substitute-- and
amending
20 "(e) the Minister responsible for administering Act Nos
section 139 of the Water Industry Act 76/1998 and
52/1998 (as
1994, when exercising the power to levy amended by
rates under that section;". 101/1998).
LawToday:
www.dms.
dpc.vic.
gov.au
25
28
541095B.I1-8/9/2000 BILL LA CIRCULATION 8/9/00
Water Industry (Amendment) Act 2000
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
29
541095B.I1-8/9/2000 BILL LA CIRCULATION 8/9/00
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