Victorian Repealed Acts

This legislation has been repealed.

Melbourne and Metropolitan Board of Works Act 1958 - SECT 268

Power to the Board to prohibit building within prescribed distance of centre of main drain

268. Power to the Board to prohibit building within prescribed distance of
centre of main drain



(1) Subject to this section the Board may by resolution prescribe in relation
to either side of any part of a main drain a frontage line for building
(hereinafter referred to as a "building line").

(2) Any building line proposed to be prescribed under this section shall be
distinctly marked and shown on a plan to be kept at the offices of the Board
and to be open during office hours for inspection by any person free of
charge.

(3) Before any building line is prescribed the Board shall-

   (a)  publish in the Government Gazette and in some newspaper generally
        circulating in the locality notice of the proposal to prescribe the
        same and of the times and the place at which the plan aforesaid can be
        inspected;

   (b)  serve upon every owner occupier and lessee of any land proposed to be
        affected a notice in writing containing the like particulars; and

   (c)  consider any objection to the proposal made within six weeks after
        service of the notice.

(4) As soon as practicable after any building line has been prescribed
the Board shall cause the plan showing the same to be sealed and such plan
shall be kept at the offices of the Board and be open for inspection as
aforesaid.







(5) Where any building line prescribed under this section is in force no
person shall (without the consent in writing of the Board) erect nearer to the
centre of the main drain than such building line any new building or erection:

Provided that the consent of the Board may be given subject to such conditions
as the Board thinks fit; and any such conditions shall be binding upon any
successor in title to the owner occupier or lessee of any land to which they
relate.

(6) Every person who erects or permits to be erected any new building or
erection in contravention of the provisions of this section (without prejudice
to any other proceedings which may be taken against him)-

   (a)  shall be liable to a penalty of not more than 10 penalty units; and



   (b)  shall within such time as the court allows remove any building or
        erection erected; and if he fails to do so shall be deemed to commit a
        continuing offence and be liable to a penalty of not more than 2
        penalty units for each day on which such failure continues.

(7) Any person who proves that his property is injuriously affected by the
prescription of a building line under this section shall if he makes a claim
within six months after the prescription thereof be entitled to recover from
the Board compensation for the injury sustained; and any question whether
compensation is payable under this section or as to the amount of such
compensation shall in default of agreement be determined as in cases of
disputed compensation under Part VIII of this Act:

Provided that in determining any such question as aforesaid-

   (a)  no compensation shall be awarded save in respect of some item set
        forth in the claim and stating the extent of the injury complained of;

   (b)  no compensation shall be payable to any person in respect of anything
        done by him or on his behalf after the date of the service upon him of
        a notice of the proposal to prescribe the building line except in
        respect of anything done in pursuance of a contract made or for the
        purpose of finishing any building or erection begun before that date;

   (c)  there shall be taken into account any benefit accruing to the person
        to whom compensation is payable by reason of the construction of or
        any improvement made or about to be made to the main drain;

   (d)  the measure of damages shall be the direct pecuniary injury to the
        claimant by the loss of something of substantial benefit accrued or
        accruing and shall not include remote indirect or speculative damages;
        and

   (e)  the compensation awarded shall be compensation for all injury
        sustained to the date of the award and also for all future injury in
        respect of the same matter; and after an award has been made no
        further compensation shall be made in respect of any such future
        injury.

(8) The powers conferred by this section shall be in aid and not in derogation
of any powers conferred by any other Act.

(9) Nothing in this section shall affect any land property or rights of any
public corporation except in so far as it may consent thereto.