Victorian Consolidated Legislation

Water Industry Act 1994 - SECT 175A

PART 6 GENERAL

Vesting in Crown of bed, banks and soil of certain watercourses

175A. Vesting in Crown of bed, banks and soil of certain watercourses



(1) Despite anything to the contrary in any Act, there shall by virtue of and
without further or other conveyance, transfer or assignment than this section,
be divested from Melbourne Water Corporation and vested in the Crown, all the
bed, soil and banks of the River Yarra Yarra and of all other public rivers,
creeks, watercourses and waterways-

   (a)  within the metropolis within the meaning of the Water Act 1989 and
        vested in Melbourne Water Corporation immediately before the
        commencement of this section under section 60 or 271 of the Melbourne
        Metropolitan Board of Works Act 1958 (before its repeal); or

   (b)  on land included in the metropolis within the meaning of the
        Water Act 1989 and vested in Melbourne Water Corporation immediately
        before the commencement of this section under an Order in Council made
        under section 3 of the Melbourne Metropolitan Board of Works Act
        (before its repeal).

(2) Any land vested in the Crown under subsection (1)-

   (a)  is deemed to be unalienated land of the Crown; and

   (b)  is vested subject to any trust, encumbrance, limitation or
        restriction, and to any other estate or interest in the land, existing
        immediately before that vesting.

(3) Despite anything in the Water Act 1989 or any other Act, any bed, soil and
banks to which subsection (1) applies shall be under the management and
control of Melbourne Water Corporation to the extent necessary to enable that
body to exercise its functions under this Act or the Water Act 1989.