385Crown property in bed and banks of certain watercourses

385 Crown property in bed and banks of certain watercourses (1) If— (a) land is bounded in whole or in part by a watercourse; and (b) the land was alienated by the Crown before, or is so alienated on or after, the commencement of section 327 of the **Water Act 1989**— the bed and banks of the watercourse remain, and must be taken always to have remained, the property of the Crown despite the alienation of the land and despite the fact that the same person owned or owns, or holds or obtains a consolidated certificate of title for, the land adjacent to both banks. (2) This section does not affect any right of— S. 385(2)(a) repealed by No. 85/2006 s. 173(Sch. 1 item 2.4). S. 385(2)(b) repealed by No. 63/1997 s. 10(4)(Sch. item 2). S. 385(2)(c) repealed by No. 30/2000 s. 36(4). S. 385(2)(d) amended by No. 82/1995 s. 205. (d) the Council of the City of Melbourne; or S. 385(2)(e) inserted by No. 82/1995 s. 205, amended by Nos 23/2003 s. 27, 10/2016 s. 179(Sch. 1 item 3), 19/2022 s. 92(a). (e) Ports Victoria within the meaning of section 3 of the **Transport Integration Act 2010**; or S. 385(2)(f) inserted by No. 82/1995 s. 205, substituted by No. 85/2003 s. 33, amended by No. 10/2016 s. 173(a), repealed by No. 19/2022 s. 92(b). S. 385(2)(g) inserted by No. 10/2016 s. 173(b). (g) the port of Melbourne operator; in the bed and banks and soil of the River Yarra and of all other public rivers, creeks and watercourses within the metropolis. (3) This section does not affect any right of any person in the bed and banks of a watercourse that does not form the boundary or part of the boundary of land that was alienated by the Crown before, or is so alienated on or after, the commencement of section 327 of the **Water Act 1989**. New s. 386 inserted by No. 80/1989 s. 327.