Victorian Repealed Acts

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This legislation has been repealed.

Melbourne and Metropolitan Board of Works Act 1958 - SECT 184A

Power to make by-laws as to sewerage and drainage

184A. Power to make by-laws as to sewerage and drainage



(1) The Board may make by-laws for or with respect to-

   (a)  prohibiting plumbing work on pipes, drains, fittings, fixtures and
        installations connecting with sewers without the approval of
        the Board;



   (aa) regulating plumbing work on pipes, drains, fittings, fixtures and
        installations connecting with sewers and prescribing conditions for
        approval of the Board to carry out the work including conditions as to
        who may carry out the work;

   (ab) assessing, authorising for use, inspecting and testing pipes, drains,
        fittings, fixtures and installations connecting with sewers;

   (b)  regulating, in regard to sewering, the plans and level of sites for
        buildings and the levels of the bottoms of cellars and the lowest
        parts of buildings and the drainage of streets into sewers and the
        drainage of waste water (exclusive of storm water) from factories and
        other buildings and the premises in connexion therewith;

   (c)  regulating the dimensions form and mode of construction and the
        materials and the keeping cleaning and repairing of the pipes drains
        and other means of communicating with sewers and the fittings and
        apparatus connected therewith and the emptying cleansing closing and
        filling up of sinks cesspools and privies and such other works of
        cleansing and of removing and disposing of refuse as the Board is
        authorized to perform;

   (d)  prohibiting the use of any form of or any mode of management of any
        baths water-closets soil pans sinks cesspits wells and other
        receptacles and fittings the use of which in the judgment of the Board
        may tend to any fouling or contamination or to endanger the public
        health and controlling and regulating the management and the use of
        any closets and soil pans permitted in any premises before the
        premises are sewered by the Board;





   (e)  regulating or prohibiting the admission to the drains or sewers of any
        land-drainage surface or otherwise or rain water from roofs yards
        streets or other surfaces whether by inlets specially designed to
        admit or by any other inlets or openings so placed that such water may
        get access thereto;

   (f)  prohibiting the placing of any inlets or openings in such positions
        that any extraneous water from any river bay gully or creek or any
        other source whether in flood or otherwise may gain access to the
        drains or sewers;

   (g)  regulating or prohibiting the provision of water closets or the
        fitting or laying of drains sinks traps appliances apparatus or
        connexions in cellars or basements;

   (ga) regulating restraining controlling or prohibiting either generally or
        according to time or any other circumstances from any discharge into
        any drain or sewer any specified constituent thereof, or the
        temperature of such specified constituent, which the Board is
        satisfied would, either alone or in combination with any matter with
        which it may come into contact while passing through any drains or
        sewers damage or obstruct those drains or sewers or injure any person
        or make especially difficult or expensive the treatment or disposal of
        the discharge from those drains and sewers;

   (h)  prescribing the terms conditions and charges, in excess of other
        charges, of agreements and consents for the discharge of trade waste
        including for the reception and disposal of any trade waste, charges,
        including any minimum charge, as may be specified in the by-laws,
        having regard to the composition and volume of the trade waste so
        discharged and to any additional expense incurred or likely to be
        incurred by the Board in connexion with the reception or disposal of
        the trade waste;

   (ha) prescribing the method of charging and prescribing charges for the
        costs of the Board of inspecting measuring monitoring and testing such
        discharge to which agreements or consents for the discharge into any
        drain or sewer of trade waste, are to be subject;

        (i)    prescribing fees to be paid to the Board for the preparation by
               the Board of plans for private sewers or drains or for the
               examination by the Board of plans relating to private sewers or
               drains;

   (j)  prescribing fees to be paid to the Board for the inspection and
        testing by the Board of private sewers or drains;

   (jaa) prescribing fees to be paid to the Board for the assessment,
        authorisation for use, inspection or testing of any pipe, drain,
        fitting, fixture and installation for connecting with sewers;

   (ja) prescribing penalties of not more than 200 penalty units for any
        contravention of or failure to comply with any by-law for or with
        respect to discharge of trade waste under this Part and in the case of
        a continuing offence for or with respect to discharge of trade waste a
        further penalty of not more than 80 penalty units for each day the
        offence continues after conviction or after service by the Board upon
        a person of notice of contravention of any said by-law (whichever is
        the earlier); save as aforesaid prescribing penalties of not more than
        10 penalty units for any contravention of or failure to comply with
        any by-law under this Part and, in the case of a continuing offence, a
        further penalty of not more than 1 penalty unit for each day the
        offence continues after notice of contravention from the Board;

   (k)  providing for the due management and use in all respects of the
        property of the Board and of its undertaking and for its construction
        completion maintenance and extension; and

   (l)  generally carrying into effect the purposes of this Part.

(2) In this Part unless inconsistent with the context or subject-matter-



"trade waste" includes-

   (a)  any waste matter from any trade premises;

   (b)  any other matter which the Board by by-law declares to be trade waste;



"trade premises" means any premises used or intended to be used for carrying
on any trade or industry and includes any land or premises used or intended to
be used (in whole or in part and whether for profit or not) for agricultural
or horticultural purposes or for scientific research or experiment.

(3) Notwithstanding anything in any by-law made under paragraph (h) of
sub-section (1) the Board may enter into agreements with any person for the
admission into any drain or sewer of trade waste on such terms and conditions,
including payment in excess of charges, as are prescribed by by-law made under
sub-section (1) or in the absence of any such prescription as are agreed upon
between the Board and such person.

(3A) Except as provided in sub-section (3) by-laws made under sub-section (1)
apply to an agreement made under sub-section (3).

(3B) For the purposes of by-laws made under sub-section (1) officers of
the Board may at any time enter and inspect any trade premises and take a
sample from any equipment thereon.

(3C) The Board is empowered by this section to accept trade waste whether
arising inside or outside the metropolis.

(4) By-laws under sub-section (1) may incorporate or adopt by reference any
standard formulated or published by any authority or body of persons as
formulated or published on a particular date.



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