This legislation has been repealed.
Definitions3. Definitions (1) In this Act, unless inconsistent with the context or subject-matter- "Board" or "Melbourne and Metropolitan Board of Works" means the Melbourne Water Corporation constituted under the Melbourne Water Corporation Act 1992; "Chairperson" means Chairperson of the Board of Directors of the Board; "council" means any municipal council; * * * * * "General Manager" means Managing Director of the Board of Directors of the Board; "member" in relation to the Board, means member of the Board of Directors of the Board; "metropolis" means the area within 20×9215 kilometres of the site of the building known as the post office (corner of Bourke and Elizabeth streets) Melbourne and the area described in the Second Schedule to this Act, and also includes any land (whether within 20×9215 kilometres of the site of the said post office or not and whether within any municipal district or not) which by this Act or by Order of the Governor in Council under this Act is declared to be included in the metropolis, but excludes any area which by Order of the Governor in Council under this Act is excised from the metropolis; * * * * * "proper officer", in relation to a provision of this Act or of by-laws made under this Act, means officer of the Board appointed by the Board either generally or in any particular case for the purposes of that provision and whose duty or part of whose duties is to deal with or to act in regard to any acts matters or things in connexion with which the term "proper officer" is used; "Rail Track" means the body established under Division 2 of Part 2 of the Rail Corporations Act 1996; "rateable property" means lands and tenements which are rateable lands within the meaning of the Local Government Act 1989; "retail licensee" means a water licensee or a water and sewerage licensee; "Secretary" means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987; "sewered property" includes a property that is declared by a retail licensee in accordance with the Water Industry Act 1994 to be a serviced property for the purposes of the supply of sewerage services; * * * * * "town clerk" includes the secretary of a shire; "water licensee" means the holder of a water licence issued under Division 1 of Part 2 of the Water Industry Act 1994; "water and sewerage licensee" means the holder of a water and sewerage licence issued under Division 1 of Part 2 of the Water Industry Act 1994. (2) (a) Any reference in any Act by-law or regulation to the Board of Land and Works, so far as such reference relates to any property vested in the Board by any Act, shall after such vesting be deemed (unless inconsistent with the context) to refer to the Board. (b) Any reference in this Act to moneys borrowed or debentures or inscribed stock issued by the Board or moneys advanced by way of loan to the Board under this Act or any Part thereof shall, unless inconsistent with the context or subject-matter, be deemed to include a reference to moneys borrowed or debentures or inscribed stock issued by the Board or moneys advanced by way of loan to the Board under any corresponding previous enactment. (3) The Governor in Council by Order published in the Government Gazette may on the application of the Board- (a) include within the metropolis any land whether within 20·9215 kilometres of the site of the building known as the post office (corner of Bourke and Elizabeth streets) Melbourne or not and whether within any municipal district or not; (b) excise from the metropolis any area included in the metropolis for the time being; or (c) rectify any errors in any definition or description of any boundaries specified in any such Order. (4) Every Order in Council under sub-section (3) shall take effect according to the tenor thereof accordingly. (5) (a) When the Governor in Council on the application of the Board by Order published in the Government Gazette provides pursuant to the foregoing provisions of this section for the inclusion in the metropolis of any land the Governor in Council may by that Order make any one or more of the following provisions, namely- (i) that consequent on such extension only such provisions of this Act as are specified in the Order shall apply to the land so included in the metropolis; (ii) that the functions of any Authority under the Water Act 1989 shall continue to the extent set out in the Order in respect of the land so included in the metropolis; (iii) that the functions of any Authority under the Water Act 1989 that has waterway management, regional drainage or flood plain management functions under that Act shall continue in relation to any part of the said land, which part is specified for the purpose in the Order, and that the Board shall not impose fees under a tariff set under Part X in respect of that part of the said land; * * * * * and in any such case the inclusion of the land in the metropolis shall take effect subject to the provisions of the Order and the relevant Acts shall apply accordingly. (b) Any provisions made in an Order in Council pursuant to this section may be revoked or varied on the application of the Board by a subsequent Order of the Governor in Council published in the Government Gazette and thereafter the relevant Acts shall apply accordingly. (6) (a) Where any land is included in the metropolis by an Order in Council there shall be vested in the Board without further or other conveyance, transfer or assignment such works and property of the body from whose jurisdiction the land is transferred as are specified in the Order and any existing liability of the body arising out of those works or property shall be transferred to the Board, which shall, in addition, be liable to pay to the body such amount (if any) as is agreed upon between the Board and the body or, in default of agreement, as is determined by the Governor in Council. (b) The transfer of any existing liability from the body to the Board and all necessary entries and adjustments shall be made in the appropriate accounts kept by the Board and by the body and if the liability is to the Treasurer of Victoria in the appropriate accounts kept in the Treasury. (c) Where any liability transferred from a body to the Board is a liability to the Treasurer of Victoria in respect of loan moneys the Board shall pay to the Treasurer of Victoria such sums as the Treasurer requires in order to provide for the payment of interest and contributions to the National Debt Sinking Fund in respect of those moneys. (7) For the avoidance of doubt it is declared that- (a) on and from 25 June 1991 the metropolis included the land specified in the Schedule to the Emerald District Water Board and Dandenong-Springvale Water Board Transfer of Functions Order 1991 published in the Government Gazette on that date; (b) on and from 1 September 1991 the metropolis included the land specified in the Schedule to the Mornington Peninsula and District Water Board and Pakenham Water Board and Lang Lang Water Board Order 1991 published in the Government Gazette on 28 August 1991; (c) on and from 6 November 1991 the metropolis included the land specified in clause 1 of the Extension of Metropolis Order published in the Government Gazette on that date. (8) This Act applies to the land included in the metropolis as mentioned in sub-section (7).