Victorian Repealed Acts

This legislation has been repealed.

Melbourne and Metropolitan Board of Works Act 1958 - SECT 3

Definitions

3. 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;





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"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).