Untitled document

Water Industry (Amendment) Act 2000

Act No. 66/2000

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2

PART 2—AMENDMENTS TO THE WATER INDUSTRY ACT

1994   3

3.	Amendment of definitions	3
4.	Price regulation	3
5.	Application of payments made to licensee	4
6.	Information statements	4
7.	Amendment of heading to Part 4	4
8.	Repeal of provisions establishing Melbourne Parks and
Waterways	4
9.	Substitution of section 132	4

132. Power of Secretary to enter into management agreements 4

10.      Power of Melbourne Parks and Waterways to surrender all land

to the State 5
11.	Repeal of certain powers with respect to land 5
12.	Jetty and mooring licences 5
13.	Repeal of leasing power 6
14.	Substitution of sections 136, 137 and 138 6
136. Management of reservoir parks land 6
137. Transfer of lease and licence of reservoir parks to the

State 7

15.	Amendment of power to make rates	8
16.	Repeal of provisions relating to service charges	8
17.	Substitution of sections 147 and 148	8

147. Powers of authorised officers 8

18.	Amendment of regulation making power	8
19.	Consequential repeal	9
20.	Parks and Reserves Trust Account	9
21.	Responsibility for the management of waterways in the
metropolitan area	10
22.	Power of Minister to delegate	11

i

Section Page

23.	Insertion of new Parts 7 and 8	11
PART 7—TRANSITIONAL PROVISIONS	11

186.        Transitional provision for Melbourne Parks and

Waterways 11
187.	Continued operation of jetty and mooring licences 12

PART 8—WATTLE PARK LAND 12

188.	Repeal of the Wattle Park Land Act 1991	12
189.	Surrender and reservation of Wattle Park Land	13
190.	Saving of rights	13

24. Insertion of new Schedule 3 14

PART 3—AMENDMENTS TO THE WATER ACT 1989 16

25.	Application of Part 10	16
26.	Exercise of functions under Part 10	16
27.	Application of Division 2 of Part 10	16
28.	Repeal of section 188A	16
29.	Consequential amendments	16
30.	Repeal of application of Division 3 of Part 10	17
31.	Repeal of section 200(4)	17
32.	By-law making powers	17

PART 4—AMENDMENTS TO THE CONSERVATION,
FORESTS AND LANDS ACT 1987, THE NATIONAL PARKS

ACT 1975 AND THE PARKS VICTORIA ACT 1998 18

33.      Insertion of further delegation powers in the Conservation,

Forests and Lands Act 1987 18

34.      Amendment of Schedule 1 to the Conservation, Forests and

Lands Act 1987 19

35.

Amendment of section 3 of the National Parks Act 1975 19

36.

Insertion of new section 5—National Parks Act 1975	19
5. Director	19

37.

Function of Director—National Parks Act 1975 20

38.

Membership of National Parks Advisory Council 20

39.

Repeal of section 32AG of the National Parks Act 1975 21

40.

Repeal of definition—Parks Victoria Act 1998 21

41.

Membership of Parks Victoria 21

42.

Amendment of functions of Parks Victoria 21

43.      Chief executive officer of Parks Victoria to be Director of

National Parks 21

PART 5—AMENDMENTS TO THE MELBOURNE AND

METROPOLITAN BOARD OF WORKS ACT 1958 23

ii

Section Page

44.	Amendment of section 4	23
45.	Amendment of section 259(1)	23
46.	Amendment of section 259(2)	23
47.	Amendment of section 261	23

PART 6—AMENDMENTS TO THE CROWN LAND (RESERVES)

ACT 1978 25

48. Power to acquire land under the Crown Land (Reserves) Act

1978 25
49.	Power of Parks Victoria to act as a committee of management 25
50.	Abrogation of the requirement to keep accounts 25

51.      Repeal of references to Melbourne Parks and Waterways and

Director of National Parks and Wildlife 25
52.	Insertion of new section 18B 26
18B. Power of Secretary to enter into management agreements 26

PART 7—AMENDMENTS TO OTHER ACTS 27

53. Amendment of the Borrowing and Investment Powers Act

1987 27

54. Amendment of the Environment Conservation Council Act

1997 27
55.	Amendment of the Forests Act 1958 27
56.	Amendment of Valuation of Land Act 1960 28

═══════════════

ENDNOTES 29

iii

Victoria

No. 66 of 2000

Water Industry (Amendment) Act 2000†

[Assented to 8 November 2000]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The purposes of this Act are—

(a)

to provide for the power for Melbourne to the State; and

(b) to provide for functions, powers, rights and liabilities of Melbourne Parks and Waterways to be transferred to the State; and

Water Industry (Amendment) Act 2000

s. 2 Act No. 66/2000

(c)	to repeal provisions of the Water Industry Act 1994 establishing Melbourne Parks and Waterways; and
(d)	to make further amendments to other Acts and to repeal the Wattle Park Land Act 1991.

2. Commencement

(1) Sections 10, 35(1), 36, 37, 38, 41, 43 and 52 and
this Part come into operation on the day after the
day on which this Act receives the Royal Assent.

(2) Sections 51(1) and 55 are deemed to have come into operation on the day on which section 5 of the National Parks (Amendment) Act 1998

came into operation.

(3) Subject to sub-section (4), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(4) If a provision referred to in sub-section (3) does

not come into operation before 1 December 2001,
it comes into operation on that day.

_______________
Water Industry (Amendment) Act 2000

Act No. 66/2000 s. 3

PART 2—AMENDMENTS TO THE WATER INDUSTRY ACT

1994

See:

3. Amendment of definitions Act No.
121/1994

In section 3(1) of the Water Industry Act	Reprint No. 3
1994—	as at 1 January
(a) insert the following definitions—	1999
and
amending
' "authorised officer" means a person appointed as an authorised officer	Act No.
22/1999. LawToday:

under the Conservation, Forests and
Lands Act 1987 for the purposes of	dpc.vic.
Divisions 4 and 6 of Part 4 of this Act;	gov.au

"waterways land" means land of the Crown which is comprised of—

(a) waterway within the metropolitan

the bed, soil and banks of any section 153A); and

(b) any land which is within 20 metres of land described in paragraph (a);';

(b)	in the definition of "authorised person" omit "or Melbourne Parks and Waterways, as the case requires,";
(c)

for the definition of "rating authority" ' "rating authority" means the Minister

administering Part 4;'.

4. Price regulation

In section 8(1) of the Water Industry Act 1994,
for ", Melbourne Water Corporation and
Melbourne Parks and Waterways" substitute "and
Melbourne Water Corporation".

Water Industry (Amendment) Act 2000

s. 5 Act No. 66/2000

5. Application of payments made to licensee

(1) In section 33(1)(b) of the Water Industry Act

1994, for "Melbourne Parks and Waterways"
(wherever occurring) substitute "the rating
authority".

(2) In section 33(2) of the Water Industry Act 1994, for "Melbourne Parks and Waterways" substitute "the rating authority".

6. Information statements

In section 75(3)(c) of the Water Industry Act
1994, for "Melbourne Parks and Waterways"

substitute "the rating authority".

7. Amendment of heading to Part 4

In the heading to Part 4 of the Water Industry Act 1994, for "MELBOURNE PARKS AND WATERWAYS" substitute "LAND

MANAGEMENT AND RATING POWERS".

8.  Repeal of provisions establishing Melbourne Parks and Waterways

Divisions 1, 2 and 3 of Part 4 of the Water

Industry Act 1994 are repealed.

9. Substitution of section 132

For section 132 of the Water Industry Act 1994 substitute—

"132. Power of Secretary to enter into

management agreements

Despite anything to the contrary in the Land Act 1958, the Secretary, with the approval of the Minister responsible for administering

the Land Act 1958, may enter into a
management agreement with any person with
respect to the whole or any part of any
waterways land (which is not land under the

Water Industry (Amendment) Act 2000

Act No. 66/2000 s. 10

National Parks Act 1975 or Crown land permanently or temporarily reserved under the Crown Land (Reserves) Act 1978) to manage the land for the purposes of recreation, leisure, tourism or water transport.".

10.  Power of Melbourne Parks and Waterways to surrender all land to the State

In section 134(1) of the Water Industry Act 1994, for "any interest of it in freehold land" substitute "any or all of its interests in freehold

land".

11. Repeal of certain powers with respect to land

Sections 133, 134 and 135 of the Water Industry

Act 1994 are repealed.

12. Jetty and mooring licences

(1) In section 135A of the Water Industry Act 1994,

for sub-sections (1), (2) and (3) substitute—
"(1) Despite anything to the contrary in the Land

Act 1958 or any other Act, the Minister may grant, to an applicant, a licence in respect of any waterways land for the purposes of a
jetty or mooring.".

(2) In section 135A(5) and (6) of the Water Industry Act 1994, for "Melbourne Parks and Waterways" (wherever occurring) substitute "the Minister".

(3) In section 135A of the Water Industry Act 1994,

for sub-section (7) substitute—
"(7) If the Minister is satisfied, after giving a

licensee a reasonable opportunity to be

heard, that the licensee has—

(a) failed, during the term of the licence, to use the land for the purpose for which the licence was granted; or

Water Industry (Amendment) Act 2000

s. 13 Act No. 66/2000

(b)	used the land for any purpose other than the purpose for which the licence was granted; or
(c)	failed to comply with any of the terms and conditions of the licence—

the Minister may declare, by notice
published in the Government Gazette, that
the licence is cancelled.".

(4) In section 135A(9) of the Water Industry Act

1994, for "Melbourne Parks and Waterways"
substitute "the Minister".

(5) In section 135A(10) of the Water Industry Act

1994—

(a)

for "Melbourne Parks and Waterways" Minister";

(b) for "it" substitute "the Minister".

(6) In section 135A(11) of the Water Industry Act

1994 for "Melbourne Parks and Waterways"
substitute "the Minister".

13. Repeal of leasing power

Section 135B of the Water Industry Act 1994 is repealed.

14. Substitution of sections 136, 137 and 138

For sections 136, 137 and 138 of the Water
Industry Act 1994 substitute—

'136. Management of reservoir parks land

(1) The Governor in Council may make

regulations for or with respect to any of the matters referred to in section 13(1)(b)(ii) to (xi) of the Crown Land (Reserves) Act
1978 in relation to any reservoir parks land
as if—

Water Industry (Amendment) Act 2000

Act No. 66/2000 s. 14

(a)	any reference in that section to a committee of management were a reference to the Minister; and
(b)	any reference in that section to the land were a reference to reservoir parks land.

(2) Section 13(5), (6), (7) and (8) of the Crown

Land (Reserves) Act 1978 applies to regulations made under sub-section (1) as if—

(a) the regulations had been made under section 13(1) of that Act; and

(b) any reference to—

(i)  an authorised officer in that section; or

(ii)  an officer or servant employed by the committee of management or the trustees of any land—

were a reference to an authorised
officer.

(3) Regulations under this section do not have

effect unless there is in force a lease and
licence of the reservoir parks land which is
or is to the effect of the lease and licence
referred to in section 137.

(4) In this section—

"reservoir parks land" means the land

which is the subject of the lease and
licence referred to in section 137.

137.  Transfer of lease and licence of reservoir parks to the State

On the commencement of section 8 of the
Water Industry (Amendment) Act 2000, in

Water Industry (Amendment) Act 2000

s. 15

s. 18 Act No. 66/2000

relation to the lease and licence of the land Melbourne Parks and Waterways as the lessee and licensee under the lease and licence.'.

generally described as reservoir parks dated
13 April 1995, between Melbourne Water
Corporation and Melbourne Parks and

15. Amendment of power to make rates

In section 139 of the Water Industry Act 1994, sub-section (1) is repealed.

16. Repeal of provisions relating to service charges

Sections 144 and 145 of the Water Industry Act

1994 are repealed.

17. Substitution of sections 147 and 148

For sections 147 and 148 of the Water Industry

Act 1994 substitute—

"147. Powers of authorised officers

(1) For the purposes of this Part and section

184(2) and (3), each authorised officer has
the same powers as an authorised officer has
under section 31 of the Land Act 1958.

(2) Sub-section (1) has effect as if any reference

in section 31 of the Land Act 1958 to
regulations made under the Land Act 1958
or section 13 of the Crown Land (Reserves)
Act 1978 were a reference to regulations
made under this Part or section 184(2) and
(3).".

18. Amendment of regulation making power

In section 149 of the Water Industry Act 1994—

(a) in paragraph (a), for "good order in, any open space or park under the management

Water Industry (Amendment) Act 2000

Act No. 66/2000 s. 19

and control of Melbourne Parks and waterways land";

(b) for paragraph (b) substitute— "(b) the removal from any waterways land

of any structure, abandoned or derelict
vessel or vehicle, or other thing, and the
manner in which the thing removed

may be dealt with or disposed of;";

(c) after paragraph (b) insert— "(c) prohibiting or regulating activities

relating to recreation, leisure, tourism or water transport on waterways land;

(d) fees or charges in relation to the use of waterways land for the purposes of recreation, leisure, tourism or water transport for—

(i)  entry on the whole or any part of waterways land by any person or animal; or

(ii)  the provision or use of any improvements, services or facilities on any waterways land;

(e) closing any part of waterways land—

(i)  for the purposes of an organised activity; or

(ii) in an emergency.".

19. Consequential repeal

Division 7 of Part 4 of the Water Industry Act

1994 is repealed.

20. Parks and Reserves Trust Account

Water Industry (Amendment) Act 2000

s. 21 Act No. 66/2000

(1) In section 153A(2) of the Water Industry Act

1994—

(a) in paragraph (a) omit "Melbourne Parks and Waterways or";

(b) paragraph (b) is repealed.

(2) In section 153A(3) of the Water Industry Act

1994—

(a) after paragraph (b) insert— "(ba) such amounts as the Secretary, with the

approval of the Minister, determines are necessary for the purpose of the acquisition of land by the Crown in the

metropolitan area, for the purposes of
conservation, recreation, leisure or
tourism or for any of the purposes
specified in paragraphs (l), (m), (n), (o)
and (w) of section 4(1) of the Crown

Land (Reserves) Act 1978;";

(b) in paragraph (c) omit "Melbourne Parks and Waterways or";

(c) paragraph (d) is repealed.

(3) In section 153A of the Water Industry Act 1994,

for sub-section (5) substitute—
'(5) In this section—

"metropolitan area" means the area or areas specified by the Governor in Council for the purposes of this section

by Order published in the Government
Gazette.'.

21.  Responsibility for the management of waterways in the metropolitan area

Water Industry (Amendment) Act 2000

Act No. 66/2000

In section 175A(3) of the Water Industry Act
1994, omit "but subject to any Order in Council

made under section 110(1)(a) or (b) of this Act".

22. Power of Minister to delegate

In section 176 of the Water Industry Act 1994, omit "or Melbourne Parks and Waterways".

23. Insertion of new Parts 7 and 8

After Part 6 of the Water Industry Act 1994 insert—

'PART 7—TRANSITIONAL PROVISIONS

186.  Transitional provision for Melbourne Parks and Waterways

Except as otherwise provided in this Act, on
the commencement of section 8 of the
Water Industry (Amendment) Act 2000—

(a)	Melbourne Parks and Waterways is abolished and the members of its Board of directors go out of office; and
(b)	immediately before that commencement were vested in

all rights, property and assets that, in the State; and

(c) Melbourne Parks and Waterways
existing immediately before that
commencement, become debts,

all debts, liabilities and obligations of and

(d) the State is substituted as a party to any proceedings pending in any court or tribunal to which Melbourne Parks and

Water Industry (Amendment) Act 2000

s. 23	Act No. 66/2000
Waterways was a party immediately before that commencement; and

(e)	the State is substituted as a party to any arrangement or contract entered into by or on behalf of Melbourne Parks and
Waterways and in force immediately before that commencement; and
(f)	any reference to Melbourne Parks and Waterways in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period after that commencement, and if not inconsistent with the context or subject matter, must be construed as a reference to the State.

187.  Continued operation of jetty and mooring licences

Despite the commencement of section 12 of the Water Industry (Amendment) Act 2000, any licence granted under section 135A of this Act, and in force immediately before that commencement, continues in force on and from that commencement and section 135A, as in force immediately before that commencement, continues to apply to any such licence until the licence expires or is cancelled (whichever is the earlier).

PART 8—WATTLE PARK LAND

188. Repeal of the Wattle Park Land Act 1991

Water Industry (Amendment) Act 2000

Act No. 66/2000 s. 23

The Wattle Park Land Act 1991 is repealed.

189.  Surrender and reservation of Wattle Park Land

By force of this section the land shown hatched on the Plan in Schedule 3 is surrendered to the Crown and—

(a) Crown, freed and discharged from all
trusts, limitations, reservations,

is deemed to be unalienated land of the interests; and

(b)	the folios of the Register Volume 1416 Folio 110, Volume 1761 Folio 141 and Volume 3010 Folio 859 are cancelled; and
(c)	the land is deemed to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being in particular the purposes of conservation, recreation, leisure and tourism and the reservation may be dealt with in accordance with that Act.

190. Saving of rights

(1) This Part does not affect the status or

continuity of any interest in, licence or right
affecting, or arrangement or agreement

relating to—

(a) the Wattle Park Chalet; or

(b) any golf course or tennis court—

on the land set out in Schedule 3.

Water Industry (Amendment) Act 2000

s. 23

s. 24 Act No. 66/2000

(2) On the coming into operation of this Part,

any lease, licence, agreement or arrangement
to which sub-section (1) applies and to
which Melbourne Parks and Waterways was
a party has effect as if the Minister were
substituted for Melbourne Parks and
Waterways as that party.

(3) Nothing effected by this section is to be

regarded as placing any person in breach of
or as constituting a default under any
provision of a lease, including any provision
prohibiting, restricting or regulating the
assignment of a lease.'.

24. Insertion of new Schedule 3

After Schedule 2 to the Water Industry Act 1994 insert—

Water Industry (Amendment) Act 2000

Act No. 66/2000

"SCHEDULE 3

WATTLE PARK LAND

Parish of Nunawading

.".

_______________
Water Industry (Amendment) Act 2000

s. 25 Act No. 66/2000

PART 3—AMENDMENTS TO THE WATER ACT 1989

See:

Act No.	25. Application of Part 10
80/1989.
Reprint No. 5	In section 185(1) of the Water Act 1989,
as at	paragraph (c) is repealed.
18 May 1999
and
amending Act Nos 22/1999, 65/1999 and 30/2000. LawToday: dpc.vic. gov.au

26. Exercise of functions under Part 10

In section 186 of the Water Act 1989, sub- sections (2) and (3) are repealed.

27. Application of Division 2 of Part 10

(1) In section 187(1) of the Water Act 1989, omit

"and to Melbourne Parks and Waterways". (2) In section 187 of the Water Act 1989, sub- section (2) is repealed.

28. Repeal of section 188A

Section 188A of the Water Act 1989 is repealed.

29. Consequential amendments

(1) In section 194 of the Water Act 1989, sub- section (4) is repealed.

(2) In section 195 of the Water Act 1989, sub- section (4) is repealed.

(3) In section 196 of the Water Act 1989, sub- section (3) is repealed.

(4) In section 197 of the Water Act 1989, sub- section (3) is repealed.

Water Industry (Amendment) Act 2000

Act No. 66/2000 s. 30

30. Repeal of application of Division 3 of Part 10

(1) In section 198(1) of the Water Act 1989,

paragraph (a) is repealed.

(2) In section 198 of the Water Act 1989, sub- section (2) is repealed.

31. Repeal of section 200(4)

In section 200 of the Water Act 1989, sub- section (4) is repealed.

32. By-law making powers

In section 219 of the Water Act 1989, sub- sections (1A) and (2) are repealed.

_______________
Water Industry (Amendment) Act 2000

s. 33 Act No. 66/2000

PART 4—AMENDMENTS TO THE CONSERVATION,
FORESTS AND LANDS ACT 1987, THE NATIONAL PARKS

ACT 1975 AND THE PARKS VICTORIA ACT 1998

See:

Act No.	33. Insertion of further delegation powers in the
41/1987.	Conservation, Forests and Lands Act 1987
Reprint No. 4
as at	(1) In section 11 of the Conservation, Forests and
1 January

1999   Lands Act 1987, after sub-section (3A) insert—

and
amending	"(3AA) The Minister, by instrument, may delegate
Act No.	any of the Minister's powers, functions or
70/1998.  LawToday:	duties under Division 4 of Part 4 of the
Water Industry Act 1994 to Parks Victoria
dpc.vic.
gov.au	or an employee of Parks Victoria for the purpose of the performance or exercise by Parks Victoria or an employee of Parks Victoria of that power, function or duty in the course of carrying out duties under any agreement or arrangement relating to the management of waterways land (within the meaning of the Water Industry Act 1994) by Parks Victoria.".

(2) In section 11 of the Conservation, Forests and Lands Act 1987, after sub-section (3B) insert—

"(3C) The Secretary, by instrument under seal, may

functions or duties under regulations made
under section 136, 149 or 184(2) and (3) of
the Water Industry Act 1994 to Parks
Victoria or an employee of Parks Victoria
for the purpose of the performance or
exercise by Parks Victoria or an employee of

delegate any of the Secretary's powers, duty in the course of carrying out duties under any agreement or arrangement relating to the management of reservoir parks land or waterways land (within the meaning of the

Water Industry (Amendment) Act 2000

Act No. 66/2000 s. 34

Water Industry Act 1994) by Parks
Victoria.".

34. Amendment of Schedule 1 to the Conservation, Forests and Lands Act 1987

In Schedule 1 to the Conservation, Forests and
Lands Act 1987, after "Victorian Plantations
Corporation Act 1993" insert "Part 4 and
section 184(2) and (3) of the Water Industry Act

1994".

See:

35. Amendment of section 3 of the National Parks Act Act No.

1975	8702. Reprint No. 7
(1) In section 3(1) of the National Parks Act 1975—	as at 1 July 1999

(a) for the definition of "authorized officer"	and amending
substitute—	Act Nos 38/1989 (as
"authorised officer" means a person	amended by

appointed as an authorised officer	No. 11/1995),
96/1998,
under the Conservation, Forests and	30/2000 and
Lands Act 1987 for the purposes of	50/2000. LawToday:
this Act;	dpc.vic.

(b) for the definition of "Director" substitute— gov.au

"Director" means the Director of National Parks referred to in section 5;".

(2) In section 3(2) of the National Parks Act 1975,

omit "Melbourne Parks and Waterways,".

36. Insertion of new section 5—National Parks Act 1975

For section 5 of the National Parks Act 1975
substitute—
"5. Director

The person who is the Chief Executive Officer of Parks Victoria, appointed under the Parks Victoria Act 1998, is the Director of National Parks.".

Water Industry (Amendment) Act 2000

s. 37 Act No. 66/2000

37. Function of Director—National Parks Act 1975

In section 6 of the National Parks Act 1975, after

"about the" insert "operational elements of".

38. Membership of National Parks Advisory Council

(1) In section 10(1) of the National Parks Act

1975—

(a) before paragraph (a) insert— "(aa) one shall be the Secretary or his or her

nominee;";

(b)

in paragraph (a), for "the Conservation "Environment Victoria Inc.".

(2) In section 10(2) of the National Parks Act

1975—

(a)	for "Conservation Council of Victoria" substitute "Environment Victoria Inc.";
(b)	for "requests that Council or Association" substitute "requests the body to whom the notice is directed";
(c)	for "and that Council or Association" substitute "and that body".

(3) In section 13 of the National Parks Act 1975—

(a)	in sub-sections (1), (2), (3) and (4) omit ", other than the Director,";
(b)	in sub-section (5) omit "not being the Director".

(4) In section 13 of the National Parks Act 1975, after sub-section (5) insert—

"(5A) Sub-sections (1), (2), (3), (4) and (5) do not
apply to the Secretary and to the Director.".

Water Industry (Amendment) Act 2000

Act No. 66/2000 s. 39

39. Repeal of section 32AG of the National Parks Act 1975

Section 32AG of the National Parks Act 1975 is repealed.

See:

40. Repeal of definition—Parks Victoria Act 1998 Act No. 44/1998

In section 3 of the Parks Victoria Act 1998, for	and
the definition of "MPW" substitute—	amending Act No.
' "MPW" means Melbourne Parks and	76/1998. LawToday:
Waterways established under the Water
Industry Act 1994 as in force before the	dpc.vic.
gov.au
coming into operation of section 8 of the Water Industry (Amendment) Act 2000;'.

41. Membership of Parks Victoria

In section 6 of the Parks Victoria Act 1998 after "Minister" insert "and of whom one or more persons must have skills and experience in conservation".

42. Amendment of functions of Parks Victoria

In section 7(1) of the Parks Victoria Act 1998,
after paragraph (a) insert—

"(ab) to provide services to the State and its

agencies for, or with respect to, the
management of waterways land (within the
meaning of the Water Industry Act 1994)
for the purposes of conservation, recreation,
leisure, tourism or water transport;".

43.  Chief executive officer of Parks Victoria to be Director of National Parks

In section 18 of the Parks Victoria Act 1998, after sub-section (3) insert—

Water Industry (Amendment) Act 2000

s. 43 Act No. 66/2000

"(4) It is a function of the chief executive officer

to be the Director of National Parks under
the National Parks Act 1975.".

_______________
Water Industry (Amendment) Act 2000

Act No. 66/2000 s. 44

PART 5—AMENDMENTS TO THE MELBOURNE AND

METROPOLITAN BOARD OF WORKS ACT 1958

See:

44. Amendment of section 4 Act No.
6310.

In section 4(1) of the Melbourne and	Reprint No. 9
Metropolitan Board of Works Act 1958 omit	as at 1 July 1999.
"Melbourne Parks and Waterways or".	LawToday:
dpc.vic. gov.au

45. Amendment of section 259(1)

In the definition of "river improvement works" in waterways and banks.".

section 259(1) of the Melbourne and
Metropolitan Board of Works Act 1958, after
"The establishment of ferries;" insert—
"The formation or management of lakes or other
wetlands;
The revegetation of banks;

46. Amendment of section 259(2)

In section 259(2) of the Melbourne and

Metropolitan Board of Works Act 1958—

(a) in paragraph (a), omit "or waters under the control of a local authority within the meaning of the Marine Act 1988";

(b) paragraph (b) is repealed.

47. Amendment of section 261

In section 261 of the Melbourne and end of the section insert—

Water Industry (Amendment) Act 2000

s. 47 Act No. 66/2000

"(2) The Board has the following waterway

management functions for the waterways to
which this Part applies—

(a) community needs relating to the use

to identify and plan for State and local environmental values of the waterways;

(b)

to develop and implement effectively enhancement of the waterways;

(c)

to investigate, promote and research powers and duties in relation to waterway management;

(d) to educate the public about any aspect of waterway management.".

_______________
Water Industry (Amendment) Act 2000

Act No. 66/2000 s. 48

PART 6—AMENDMENTS TO THE CROWN LAND

(RESERVES) ACT 1978

See:

48. Power to acquire land under the Crown Land Act No.

(Reserves) Act 1978 9212.
Reprint No. 5

In section 5(4) of the Crown Land (Reserves)	as at 1 July 1999.
Act 1978, after paragraph (b) insert—	LawToday:
"; or	dpc.vic. gov.au
(c)	area (within the meaning section 153A of the

any land which is within the metropolitan Minister is satisfied, on reasonable grounds, should be reserved for any of the purposes specified in paragraphs (w) and (x) of section 4(1).".

49.  Power of Parks Victoria to act as a committee of management

In section 14(4) of the Crown Land (Reserves)
Act 1978, for paragraph (cb) substitute—

"(cb) Parks Victoria;".

50. Abrogation of the requirement to keep accounts

In section 15(8A) of the Crown Land (Reserves)

Act 1978, for paragraph (bb) substitute—

"(bb) Parks Victoria;".

51.  Repeal of references to Melbourne Parks and Waterways and Director of National Parks and Wildlife

(1) In section 18(1) of the Crown Land (Reserves) Act 1978, for "Melbourne Parks and Waterways or, the Director of National Parks and Wildlife" substitute "or Melbourne Parks and Waterways".

(2) In section 18(1) of the Crown Land (Reserves)
Act 1978, for "Melbourne Water Corporation, or

Water Industry (Amendment) Act 2000

s. 52 Act No. 66/2000

Melbourne Parks and Waterways" substitute "or

Melbourne Water Corporation".

(3) In section 18(3) of the Crown Land (Reserves)

Act 1978—

(a) Corporation or Melbourne Parks and

in paragraph (c), for ", Melbourne Water Corporation";

(b) for paragraph (d) substitute— "(d) in the case of an order placing land

under the control and management of
the Secretary, being land to which
section 19B of the National Parks Act
1975 is to apply, the Minister

administering that Act.".

52. Insertion of new section 18B

After section 18A of the Crown Land (Reserves)

Act 1978 insert—

"18B. Power of Secretary to enter into

management agreements

The Secretary, with the approval of the Minister, may enter into a management agreement with any person with respect to

the whole or any part of any land temporarily
or permanently reserved under section 4
which is not land vested in or managed by

another person or body.".

_______________
Water Industry (Amendment) Act 2000

Act No. 66/2000 s. 53

PART 7—AMENDMENTS TO OTHER ACTS

See:

53. Amendment of the Borrowing and Investment Powers Act No.

Act 1987 13/1987.
Reprint No. 5

In Schedule 1 to the Borrowing and Investment	as at 1 February
Powers Act 1987, item 24A is repealed.	1999 and
amending Act Nos
98/1998, 8/1999,
45/1999, 53/1999,
60/1999, 63/1999 and
37/2000. LawToday:
dpc.vic.
gov.au See:

54. Amendment of the Environment Conservation Act No.

Council Act 1997 41/1997
Reprint No. 1

In the definition of "public land" in section 3 of	as at 4 March 1999.
the Environment Conservation Council Act	LawToday:
1997, paragraph (d) is repealed.	dpc.vic.
gov.au
See:

55. Amendment of the Forests Act 1958 Act No.
6254.

In section 62(1A) of the Forests Act 1958—	Reprint No. 7 as at
(a) in paragraph (b), for "Director of National Parks and Wildlife" substitute "Secretary";	18 February
1999 and amendin
(b) in paragraph (c)—	g Act No.
53/1999
LawToday:

(i) for "Director of National Parks and
Wildlife" substitute "Secretary";	dpc.vic. gov.au

(ii)  for "the Director manages" substitute "the Secretary manages";

(c) for paragraph (d) substitute—
Water Industry (Amendment) Act 2000

s. 56 Act No. 66/2000

"(d) the land—

(i) management of the Secretary

is under the control and Land (Reserves) Act 1978; and

(ii) before the commencement of
section 5 of the National Parks
(Amendment) Act 1998 under
the control of the Director of
National Parks under section

is land which was, immediately (Reserves) Act 1978—

the land is deemed to be protected

public land;".

See:

Act No.	56. Amendment of Valuation of Land Act 1960
6653.
Reprint No. 9	In the definition of "rating authority" in section
as at	2(1) of the Valuation of Land Act 1960, for
1 July 1998
and	paragraph (e) substitute—
amending
Act Nos	"(e) the Minister responsible for administering
76/1998 and	section 139 of the Water Industry Act
52/1998 (as
amended by	1994, when exercising the power to levy
101/1998).	rates under that section;".
LawToday: dpc.vic.
gov.au

═══════════════
Water Industry (Amendment) Act 2000

Act No. 66/2000 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 7 September 2000

Legislative Council: 25 October 2000

The long title for the Bill for this Act was "to provide for the power for Melbourne Parks and Waterways to surrender all its land to the State, to provide for functions, powers, rights and liabilities of Melbourne Parks and Waterways to be transferred to the State, to repeal provisions of the Water Industry Act 1994 establishing Melbourne Parks and Waterways,

to make further amendments to other Acts, to repeal the Wattle Park
Land Act 1991 and for other purposes."