Victorian Repealed Acts

This legislation has been repealed.

Melbourne and Metropolitan Board of Works Act 1958 - SECT 259

Definitions

259. Definitions



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



"bed" and "banks" with reference to any waterway to which this Part applies
together include the land over which water normally flows or which is normally
covered by the water thereof; but do not include land from time to time
temporarily covered by the flood waters of such waterway and abutting on or
adjacent to such bed or banks. "bed" means the relatively flat and "banks" the
relatively steep portions of the first-mentioned land:
Provided that where the context so requires the term "banks" extends also to
any lands vested in or acquired by or under the management and control of
the Board which abut on or are adjacent to the banks as hereinbefore defined;



"main drainage works" means works within the metropolis (other than
main drains) for the prevention of or defence against flooding by surface or
storm water;







"main drain" means any drain creek or water-course (or portion thereof) within
the metropolis declared to be a main drain pursuant to this Part, whether the
same is natural or artificial or on above or below the surface of the ground
and whether the same is constructed or used or is to be constructed or used
for carrying off surface or storm water;



"maintain" includes repair; and "maintenance" has a corresponding
interpretation;



"municipal district" means any municipal district which or any portion of
which is within the metropolis;





"prescribed" means prescribed by this Part or by any by-law or regulation
hereunder;



"public corporation" means Victorian Rail Track established by Division 2 of
Part 2 of the Rail Corporations Act 1996, the Secretary or the Rural Water
Corporation, the Roads Corporation, SEC, VENCorp, a distribution company, a
transmission company or a generation company within the meaning of the
Electricity Industry Act 2000, the Melbourne Port Corporation, the Victorian
Channels Authority and any council, and also any corporation which is declared
to be a public corporation pursuant to this Part or any corresponding previous
enactment; and includes any Government department;















"river improvement works" means any works within the metropolis in under over
on across along near to or in connexion with any waterways to which this Part
applies for all or any of the following purposes24:
Widening deepening and diverting any such waterways and altering the course
thereof;
The cleansing of or the preventing or minimizing the pollution of any such
waterways;
The improvement of navigation and the improvement of the flow of water
therein;
The prevention of and defence against flooding from the waters thereof;
The construction of locks barrages and levees;
The formation of the banks (including the forming sloping beaching pitching
piling and altering of the banks and of any land abutting thereon or adjacent
thereto) and the erection thereon of buildings wharves or jetties;
The laying down and construction of roads carriage drives and footways on or
along or near to the banks;
The erection of bridges;
The establishment of ferries;
The formation or management of lakes or other wetlands;
The revegetation of banks;
The protection, conservation or enhancement of waterways and banks.



"tariff" means a scale of charges by reference to which a fee is imposed by
the Board on the owner of a property for works or services provided by
the Board under this Part or, as a delegate of the Minister, under Division 4
of Part 10 of the Water Act 1989;



"tributary" in relation to any waterway means any other waterway from which
water ultimately reaches the waterway;





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(2) The waterways to which this Part applies are all the waterways or portions
of waterways within the metropolis, including any tributaries or portions of
tributaries of those waterways, to the extent to which they are within the
metropolis except-



   (a)  any waterway to the extent to which it is within port waters of the
        port of Melbourne under the Port Services Act 1995; and



* * * * *



   (c)  that section of the Yarra River from its mouth up to the downstream
        side of the Bolte Bridge; and

   (d)  that section of the Maribyrnong River from its mouth up to the
        downstream side of Shepherds Bridge; and

   (e)  that section of the Moonee Ponds Creek from its mouth up to the
        downstream side of the Footscray Road Bridge; and

   (f)  that section of the Stony Creek in Yarraville from its mouth up to the
        downstream side of the Hyde Street Bridge.