This legislation has been repealed.
Act No. 6310/1958 Version incorporating amendments as at 25 August 2005 TABLE OF PROVISIONS Section Page 1. Short title and commencement 2. Repeals and savings 3. Definitions 4. Withdrawal of certain functions and powers from Board PART I-Repealed Divisions 1, 1A-Repealed 5-25A. Repealed Division 2-Repealed 26-31. Repealed 32. Power to make by-laws and regulations as to duties etc. 33, 34. Repealed Divisions 3, 4-Repealed 35-40. Repealed Division 5-Repealed 41, 41A. Repealed 42. Gratuities on death from injury or disablement 42A. Repealed 42B. Water Industry Superannuation Fund 43-48. Repealed Divisions 6, 7-Repealed 49-59. Repealed Division 8-Repealed 60. Metropolitan Water Supply and Sewerage Works etc. vested in Board 61-63. Repealed 64. Disputes to be determined by Governor in Council 65. Repealed PART II-WATER SUPPLY Division 1-Introductory 66. Definitions 67. Application of Part 68. Supply of water not compulsory 68A. System access Division 2-Supply of Water 69. Notice to lay service pipes 70. Owner or occupier of any tenement may lay service pipes 71. Notice to Board of laying of pipes 72. Pipes subject to by-laws 73. Communication with pipes of Board to be made under superintendence of officer 74. Board may lay and keep in repair connexions from mains to services, and may charge owners therefor 75. Service pipes may be removed after giving notice 75A. Board may construct works to supply water from lands and recover cost from the owner 76. Board may supply by measure or in any other manner 77. What purposes not domestic 78. Board may let meter and other apparatus 79. Such meters and apparatus not distrainable 80. Meter to be supplied and kept in order by consumer 81. Repairs to meter 82. Notice of removal of or change in meter 83. If meter not kept in order water may be cut off 84. Penalty for fixing uncertified meter 85. Penalty for removing or altering meter without notice 86. Officers of the Board may inspect meters 87. Board to affix public fire plugs in mains 88. Board to repair fire plugs 89. Local council to defray expense of fire plugs 90. Supply of water for public purposes 91. Fire plugs to be placed near factories at request of owners 92. Pipes to be kept charged and water may be taken for extinguishing fire 93. Power to break up streets and to open drains 94. Notice to be served before breaking up streets or opening drains 95. Streets broken up to be reinstated without delay 96. Powers of Board in construction of waterworks 97. Compensation to be made for damage Division 3-Charges and Recovery Thereof 98-99. Repealed 100. Water supply to certain bodies 100A. Board may agree to supply water outside metropolis etc. 100B. Power to operate certain works outside metropolis 101. Arrangement with Commonwealth 102-105. Repealed 106. Charges to be recoverable from occupier or person using water 106A. Body corporate primarily liable for water supplied to strata or cluster title subdivision 107. Recovery of charges by distress 108. Occupier may recover from owner certain payments 109. Power to cut off water for non-payment Division 4-By-laws 110. By-laws in relation to water 111. By-laws in relation to charges 112. Penalties to be stated in by-laws Division 5-Shutting off Water. Waste. Misapplication. Entry and Inspection. Miscellaneous Offences 113. Water may be cut off from offending consumer 114. Penalty for waste of water 115. Penalty for misapplication of water 116. No pipe to be fixed to consumer's pipe without permission of Board 117. Power of entry and inspection by Board and its officers 118. Notification of waters required to be kept free 119. Bathing or washing or throwing dirt into waterworks 120. Penalty for letting foul water flow thereinto 121. Penalty for nuisance in drainage area 122. Fouling water or injuring works by substances produced in making gas 123. Gasmakers causing water to be fouled 124. Expenses of the examination to abide the result 125. Penalty for obstructing construction of works 126. Penalty for tampering with works 127. Penalty for unlawfully taking water 128. When water diverted to any land onus of proof of non-complicity lies on owner or occupier of land PART III-SEWERAGE Division 1-Introductory 129. Definitions 130. Act not to apply to municipal storm-water channels and drains Division 2-Powers and Duties of Board 131. Board to prepare plans 132. Duties and powers of the Board 133. Compensation 134. Department of Human Services may make recommendations as to plans of sewers 135. Sewers made by Board to vest in it 135A. Declared sewerage works to be vested in the Board 136. Board may make bridges arches culverts etc. 137. Altering sewers in streets 138. Penalty 139. Power to stop traffic in streets 140. Breaking up streets 141. Delay in filling in trenches; or doing work imperfectly 142. Alteration of gas-pipes and tramways 142A. Board may construct sewer to serve land and recover the cost from the owner Division 3-General Provisions 143. Buildings not to be erected in over or under sewers 144. Penalties on persons placing buildings or encroachments on sewers 145. Penalty on persons sweeping dirt into sewers 146. No gully or ventilating shaft connected with main sewers to be trapped without consent 147. Works upon River Yarra to be approved by a local authority or Victorian Channels Authority 148. Repealed 149. Provision for interference with railway works 150. Pollution of public rivers 151. Penalties on persons interfering with sewers Division 4-Private Sewers and Drains 152. Construction of private sewers and drains 153. Seven days' notice to be given before drains can be branched into main sewers 154. Regulations as to abandonment of alterations etc. designed for sewers previously approved 155. In case sewer be not constructed within twelve months fresh consent to be applied for 156. Penalty for giving use of drain without permission 157. Board may construct so much of private drain as lies under pavement of street 158. Board and owners may contract for execution of work by the Board 159. Private sewers to be cleansed Division 5-Private Premises 160. General notice when any streets are sewered 160A. Locality where sewers vested in Board to be treated as a sewerage area 161. Drainage of a group of houses 162. New houses to have drains approved by Board 163. Penalty for non-compliance with orders of the Board for drainage for private premises 164. Inspection of private premises 165. Board to pay costs of reinstating premises if drains found correct 166. Penalty if occupier prevents owner obeying this Act or the orders of the Board 167. Occupier may do work if owner fails 168. Liability of persons jointly liable to do work Division 6-Recovery of Charges Costs Expenses and Interest 169. Expenses incurred by Board to remain a charge on lands of owner in default 170. Board may recover costs of performing works 171. Restriction on right of lessee to remove buildings 172. Powers of trustees 173. Powers of agents 174. Powers of councils Division 7-Repealed 175-179. Repealed Division 8-Special Provisions Relating to Works and Services for Public Bodies 180. Board may supply Crown premises with closets and make charges 181. Crown or Public Transport Corporation etc. to pay for sanitary services 182. Repealed 183. Sanitary service for buildings hereafter erected 184. Arrangements with Commonwealth Division 9-By-Laws as to Sewerage and Drainage 184A. Power to make by-laws as to sewerage and drainage 184AB. Discharge of trade waste PART IIIA-PROVISION OF SERVICES BY AGREEMENT 184B. Definitions 184C. Board may enter into an agreement with the owner of land 184D. Investigations as to land to be subdivided 184E. Board may accept sewage on agreement PART IV-METROPOLITAN GENERAL FUND 185. Metropolitan General Fund and application thereof 186. Bank account 186A. Agreements with respect to collection of fees under tariffs PART V-BORROWING POWERS 187. Borrowing powers 188. Money to be borrowed on debentures 189. Provisions relating to debentures 189A. Debentures other than debentures with interest coupons 190. Power to invest in debentures of Board 191. Register of debentures 192. Copies to be supplied 193. Notice of trust not receivable 194. Owners of securities not responsible for application of moneys 195. Duplicate debentures 196. Regulations relating to debentures and inscribed stock 196AA. Dispensing with probate on certain stock transmissions 196A. Guarantee of debentures and stock by Government of Victoria 197. Receiver may be appointed in certain cases 198. Receiver an officer of court etc. 199. Repealed 199A. Board may obtain additional accommodation where approved by the Treasurer 200. Power to Treasurer to make advances to the Board 200A. Repealed PART VI-OTHER WORKS Division 1-Introductory 201. Metropolitan area Divisions 2-3A-Repealed 202-217B. Repealed Division 4-Financial 218. Repealed 219. Metropolitan Improvement Fund 220. Financial accommodation 221. Government loans 222, 223. Repealed Division 5-Repealed 224-226. Repealed PART VII-CONTRIBUTIONS BY BOARD 227, 228. Repealed 229. Board to maintain certain roads in shires of Corio and Werribee 230. Repealed PART VIII-ACQUISITION SALES AND LEASES OF LAND 231. Power to Board to purchase or lease lands for purposes of this Act 231A. Power of Board to acquire land liable to flooding 232. Consent of Governor in Council required before compulsory acquisition 232A. Statutory easements 233. Power to dispose of purchased lands and property not wanted 234. Owners of land may on sale reserve a right of pre-emption 235. Board may make leases for twenty-one years 236. Board may grant building and improving leases of land 237. Land Acquisition and Compensation Act 1986 to apply 238. Board may be committee of management PART IX-MISCELLANEOUS Division 1-General 239. Public lands exempt from rates and charges 239A-239C. Repealed 239D. Fees under tariffs and charges 239DA. Transitional provision (1997 Amendments) 239E. Remission etc. of payment of fees under a tariff 239EA-239EB. Repealed 239F. Certificate of fees under tariffs 239G. Encumbrance statement 239GA. Special meter readings 240. Lands etc. vested in Board to be free from municipal rates 240A. General by-law making powers 241. By-laws etc. to be statutory rules 241A. Incorporation of documents in certain orders or other instruments 241B. Validation of certain orders or other instruments 242. Board may enter into agreement with respect to management of land 242A. Repealed 242B. Board may suggest amendment to planning instruments 242C. Board may prepare plans 242D. Board may undertake investigations 243. Justices may act though interested in certain cases 244. Amends may be tendered for trespass before action brought 245. Authentication of documents 246. Service of legal process on the Board 247, 248. Repealed 248A. Prescribed persons to give notice of disposition of land 248B. Former owner to remain liable for fees under tariffs etc. 249. Members acting bona fide not personally liable 250. Expenses and penalties recoverable before the Magistrates' Court 251. Board may appear in court by General Manager etc. 252. Bankrupt debtors 253. Person violating Act or regulations of Board deemed guilty of an offence 253A. Offence to obstruct inspectors performing duties under this Act 254. Application of penalties 255. Penalties extended to persons causing offences 256. In whose name information may be laid 257. Officers to be reimbursed expenses 257A. Judicial notice of certain matters 257B. Proof of certain matters not required 257C. Evidence concerning lands and works of Board 257D. Evidence of by-laws etc. 257E. Evidence of documents issued by Board 257F. Prima facie evidence of ownership 258. Recovery of penalty does not prejudice right to take other proceedings 258A. Sundays and holidays 258AA. Settlement of disputes between the Board and public corporations 258B. Money may be invested 258BA. Easements on plans of subdivision 258BB. Transfer of reserved land to Board Division 2-Research and Training 258C. Board may enter into arrangements etc. with any person etc. engaged in scientific research etc. PART X-METROPOLITAN DRAINAGE AND WATERWAYS 259. Definitions 260. Powers etc. in this Part to be in aid of those other Parts of this Act 260A. Repealed General 261. General powers and duties of the Board 262. Surveys and investigations 263. Declaration of main drains 264. Power to construct etc. main drain outside metropolis in certain cases 265. Works to vest in the Board 266. Power to enter into agreements with municipal councils as to construction of certain works 267. Vesting of main drains in the Board 268. Power to the Board to prohibit building within prescribed distance of centre of main drain 269. Right of councils etc. to connect drain etc. with main drains 269A. Board may enter into agreements with owners of land for the construction of drainage works 269B. Investigations as to land intended to be subdivided 270. Declaration of watershed areas 271. Repealed 272. Savings as to bridges etc. 273. Powers of the Board as to rivers etc. 274. River improvement works on private land 275. Certain provisions of Health Act 1958 not to apply to rivers etc. under management of Board 276. Power of Board to issue permits or licences for pumping etc. 277. Board to continue to supply water to certain parks, gardens etc. 278. Power to make by-laws 279. Power to make by-laws for traffic on rivers etc. Financial 280. Power to impose fees under a tariff 280A. Tariff restricted to rateable properties Miscellaneous 281. Setting a tariff 281A. Valuations 281B. Supplementary valuations 281C. Application for review 281D. Inspection of rate records 281E. Recovery of fees under tariffs 281F. Savings provision 282. General powers of the Board as to works 283. Compensation for damage 284. Application of other provisions of this Act 284A. Application of Water Act 1989 compensation provisions 285. By-laws 286. Application of by-laws 287. Construction of works affecting public corporations 288. Repealed 289. Certain diversions of water prohibited 289A. Power to Board to permit private works for protection of private lands 289AB. Repealed 290. Saving of rights of Crown 291. Power to Crown to resume certain public lands vested in the Board 292. Power to declare corporations to be public corporations 293. Power to Governor in Council to rectify errors etc. 293A. Supreme Court-limitation of jurisdiction 294. Validation of certain actions of Board PART XI-Repealed 295-312. Repealed PART XII-WASTE 313. Definitions 314. Functions of the Board 315. Powers of the Board 316. By-laws 317. Waste Management Fund 318. Borrowing powers 319. Debentures and inscribed stock 320. Notice of trust not receivable 320A. Repealed 321. Investment powers 322. Offences 323. Recovery of costs to remedy contravention 324. Board may obtain injunction 325. Relationship of this Part to remainder of Act __________________ SCHEDULE 1-Repeals SCHEDULE 2-Portion of Metropolis SCHEDULE 3-Metropolitan Area SCHEDULE 4-Repealed SCHEDULE 5-The Agreement SCHEDULE 6-Technical Description of Road Coloured Blue on Plan SCHEDULE 7-Melbourne and Metropolitan Board of Works SCHEDULE 8-Warrant of Seizure and Sale SCHEDULE 9-Melbourne and Metropolitan Board of Works-General Notice SCHEDULE 10-Melbourne and Metropolitan Board of Works-Further General Notice 11, 11A-Repealed SCHEDULE 11B-Easements Set Apart or Appropriated for the use of the Board Pursuant to Section 258BA. 12-14-Repealed --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details