LAND ACT 1958 - SECT 384 Definitions

LAND ACT 1958 - SECT 384

    (1)     In this Part—

"Authority" has the same meaning as in the Water Act 1989 ;

"bed and banks", in relation to a watercourse—

        (a)     includes the land over which the water in the watercourse normally flows and the land that is normally covered by that water;

        (b)     does not include land abutting on or adjacent to the bed and banks that is from time to time temporarily covered by floodwaters from the watercourse;

S. 384(1) def. of metropolis substituted by No. 85/2006 s. 173(Sch.  1 item 2.3).

"metropolis" means the waterway management district of Melbourne Water Corporation under the Water Act 1989 ;

S. 384(1) def. of port of Melbourne operator inserted by No. 10/2016 s. 172.

"port of Melbourne operator" has the same meaning as in the Port Management Act 1995 ;

"watercourse" means any river, creek, stream, watercourse, lake, lagoon, swamp or marsh.

    (2)     The reference in the definition of watercourse in subsection (1) to lake, lagoon, swamp or marsh is a reference to—

        (a)     a natural collection of water into or through or out of which a current that forms the whole or part of the flow of a river, creek, stream or watercourse passes continuously or intermittently; or

        (b)     a collection of water (other than water collected and contained in a dam or tank on private land or a natural depression on private land) that the Governor in Council, by Order published in the Government Gazette, declares to be a lake, lagoon, swamp or marsh for the purposes of this Part.

New s. 385 inserted by No. 80/1989 s. 327.