Melbourne and Metropolitan Board of Works (Amendment) Act 1997 (Vic)

Melbourne and Metropolitan Board of Works

(Amendment) Act 1997

Act No. 38/1997

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	New section 281A inserted in MMBW Act	2
281A. Special drainage and river improvement rate—Patterson

Lakes 2

4.	New section 293A inserted in MMBW Act	6
293A. Supreme Court—limitation of jurisdiction	6

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NOTES 7

i

Victoria

No. 38 of 1997

Melbourne and Metropolitan Board of

Works (Amendment) Act 1997†

[Assented to 3 June 1997]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to empower Melbourne Water Corporation to levy a special drainage and river improvement rate in the Patterson Lakes area

and validate the metropolitan drainage and river
improvement rates levied in that area since its
inclusion in the metropolis on 6 November 1991.

Melbourne and Metropolitan Board of Works (Amendment) Act
1997

Act No. 38/1997 s. 2

2. Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

3. New section 281A inserted in MMBW Act

After section 281 of the Melbourne and insert—

"281A. Special drainage and river improvement

rate—Patterson Lakes

(1) This section applies to—

(a) included in the metropolis on and from
6 November 1991 as mentioned in
section 3(7)(c) which, immediately

rateable properties within the land precept area within the meaning of section 33A of the Dandenong Valley Authority Act 1963 established in relation to the Patterson Lakes area; and

(b) any other rateable property which the Board by resolution declares to be benefitted by works or undertakings that serve, and are for the particular benefit of, the area referred to in paragraph (a).

(2) In addition to levying the Metropolitan

Drainage and River Improvement Rate in respect of them, the Board may, for the purposes of this Part, from time to time but not oftener than once in every year make and levy a special drainage and river improvement rate in respect of rateable properties to which this section applies.

Melbourne and Metropolitan Board of Works (Amendment) Act
1997

s. 3 Act No. 38/1997

(3) This special rate—

(a)	must be made and levied by reference to the site value of the rateable property as at 30 June 1990 levels of value as determined for the purposes of the Local Government Act 1989; and
(b)	may be made and levied at different amounts in the dollar or at different minimum amounts in respect of

different rateable properties; and

(c) must not exceed 5 cents in the dollar of the site value of the rateable property.

(4) Before proceeding to make a special rate

under this section, the Board must consult
with a community-based committee
appointed by it.

(5) The following provisions apply with respect to the membership of a committee appointed under sub-section (4)—

(a)	at least two thirds of the membership must consist of persons who are owners or occupiers of rateable property to which this section applies;
(b)	the Board may invite the City of Kingston and any local residents' association to be represented on the

committee;

(c) statutory body or government

the Minister may direct that a public committee.

(6) Subject to this section, section 16 of the

Melbourne Water Corporation Act 1992

Melbourne and Metropolitan Board of Works (Amendment) Act
1997

Act No. 38/1997 s. 3

applies to a committee appointed under sub-
section (4).

(7) Subject to this section, the provisions of this Act that extend and apply with respect to the Metropolitan Drainage and River

Improvement Rate extend and apply also with respect to the special drainage and river improvement rate made or to be made under this section.

(8) The Metropolitan Drainage and River Improvement Rate made and levied in respect of a rateable property to which this

section applies at any time between 6 the Melbourne and Metropolitan Board of Works (Amendment) Act 1997 is not, and must be taken never to have been, invalid only because—

(a)	it included an additional amount in respect of a rateable property not exceeding the amount of the special drainage and river improvement rate that could have been made and levied in respect of that property under this section if that Act had been passed at the time at which that rate was made and levied; or
(b)	in including that additional amount the Board failed to comply with any requirement of this Part or exercised a power conferred by this Part in a manner, or for a purpose, that was not authorised by this Part.

(9) The site value of a rateable property as at the

levels of value referred to in sub-section
(3)(a) shall be determined as follows—

Melbourne and Metropolitan Board of Works (Amendment) Act
1997

s. 3 Act No. 38/1997

(a) for the purposes of the Local
Government Act 1989 immediately

if the valuation of that property in force Melbourne and Metropolitan Board of Works (Amendment) Act 1997 is at 30 June 1990 levels of value—the site value is, subject to paragraph (d), the site value as shown in that valuation;

(b) for the purposes of the Local
Government Act 1989 immediately
before that commencement is at levels
of value as at a date before 30 June
1990 or at levels of value as at a date
after 30 June 1990 but at no time before

if the valuation of that property in force purposes of that Act a valuation of that property at 30 June 1990 levels of value—the site value is, subject to paragraph (d), the site value as shown in the valuation then in force multiplied by the valuation equalization factor applying to the area referred to in sub- section (1)(a);

(c) if the valuation of that property in force for the purposes of the Local Government Act 1989 immediately before that commencement is at levels of value as at a date after 30 June 1990 but at any time before then the valuation of that property in force for the purposes of that Act was at 30 June 1990 levels of value—the site value is, subject to paragraph (d), the site value as shown in the valuation at 30 June 1990 levels of value;

Melbourne and Metropolitan Board of Works (Amendment) Act
1997

s. 4
s. 4

Act No. 38/1997

(d) if subsequent to that commencement that property is valued for the purposes of a supplementary valuation made for the purposes of this Act or the Local Government Act 1989—the site value is the site value as shown in the most recent such supplementary valuation or, if that supplementary valuation is not at 30 June 1990 levels of value, that site value multiplied by the valuation equalization factor applying to the area referred to in sub-section (1)(a).

(10) A reference in sub-section (9) to a valuation

referred to in sub-section (1)(a) is a reference
to a factor determined by the Valuer-General
and published in the Government Gazette
being a factor by which, in the opinion of the

equalization factor applying to the area properties within that area determined as at a particular date ought to be multiplied if the site value of those properties is to accord with levels of value generally prevailing in that area as at 30 June 1990.".

4. New section 293A inserted in MMBW Act

After section 293 of the Melbourne and insert—

"293A. Supreme Court—limitation of jurisdiction It is the intention of section 281A(8) to alter or vary section 85 of the Constitution Act

1975.".

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Melbourne and Metropolitan Board of Works (Amendment) Act
1997

Notes Act No. 38/1997

NOTES

†

Minister's second reading speech—

Legislative Assembly: 1 May 1997

Legislative Council: 22 May 1997

The long title for the Bill for this Act was "to amend the Melbourne and

Metropolitan Board of Works Act 1958 and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 1 May 1997

Legislative Council: 22 May 1997

Absolute majorities:

Legislative Assembly: 20 May 1997

Legislative Council: 22 May 1997