Victorian Repealed Acts Victorian Repealed ActsThis legislation has been repealed.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PART I-Repealed
Divisions 1, 1A-Repealed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 Repealed
Division 2-Repealed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 Repealed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 Repealed
Divisions 3, 4-Repealed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 Repealed
Division 5-Repealed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 Repealed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 Repealed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 Repealed
Divisions 6, 7-Repealed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 Repealed
Division 8-Repealed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 Repealed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 Repealed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
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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
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details