Victorian Numbered Acts

WATER (GOVERNANCE) ACT 2006 (NO 85 OF 2006) - SECT 79

After section 188 of the Water Act 1989 insert —

        '188A.     Designated waterways, land or works—Melbourne Water Corporation

    (1)     Any—

        (a)     waterway that is within the waterway management district of Melbourne Water Corporation is a designated waterway of Melbourne Water Corporation, except—

              (i)     any waterway to the extent that it is within the port waters of the Port of Melbourne under the Port Services Act 1995 ; and

              (ii)     that section of the Yarra River from its mouth up to the downstream side of the Bolte Bridge; and

              (iii)     that section of the Maribyrnong River from its mouth up to the downstream side of Shepherds Bridge; and

              (iv)     that section of the Moonee Ponds Creek from its mouth up to the downstream side of the Footscray Bridge; and

              (v)     that section of the Stony Creek in Yarraville from its mouth up to the downstream side of the Hyde Street Bridge; and

        (b)     land which abuts a waterway that is a designated waterway of Melbourne Water Corporation under paragraph (a), or is within 20 metres of such a waterway is designated land of Melbourne Water Corporation.

    (2)     Any land or works that are within the waterway management district of Melbourne Water Corporation are designated land or works of Melbourne Water Corporation—

        (a)     if they are works—

              (i)     owned by Melbourne Water Corporation under section 138 for the purpose of the exercise of functions under this Part; or

              (ii)     declared to be designated works of Melbourne Water Corporation under sub-section (3); and

        (b)     in the case of land or works situated on land that has been added to the waterway management district of Melbourne Water Corporation, if immediately before that addition, they were land or works of the Authority in whose waterway management district they were situated.

    (3)     Melbourne Water Corporation may, by declaration, published in the Government Gazette, declare—

        (a)     any drain vested in Melbourne Water Corporation (that was vested in the pre-dating corporation immediately before the commencement of section 163 of the Water (Governance) Act 2006 ) to be designated works; and

        (b)     any drain in the waterway management district of Melbourne Water Corporation to be designated works.

    (4)     The requirements for a declaration that are specified in section 188(2) apply to a declaration under sub-section (3).

    (5)     In this section, "pre-dating corporation" has the same meaning as in Schedule 16.'.