175AVesting in Crown of bed, banks and soil of certain watercourses

175A Vesting in Crown of bed, banks and soil of certain watercourses

(1) Despite anything to the contrary in any Act, there shall by virtue of and without further or other conveyance, transfer or assignment than this section, be divested from Melbourne Water Corporation and vested in the Crown, all the bed, soil and banks of the River Yarra Yarra and of all other public rivers, creeks, watercourses and waterways—

S. 175A(1)(a) amended by No. 85/2006 s. 173(Sch. 1 item 15.5).

(a) within the metropolis within the meaning of the Water Act 1989 and vested in Melbourne Water Corporation immediately before the commencement of this section under section 60 or 271 of the Melbourne Metropolitan Board of Works Act 1958 (before its repeal); or

S. 175A(1)(b) amended by No. 85/2006 s. 173(Sch. 1 item 15.6).

(b) on land included in the metropolis within the meaning of the Water Act 1989 and vested in Melbourne Water Corporation immediately before the commencement of this section under an Order in Council made under section 3 of the Melbourne Metropolitan Board of Works Act (before its repeal).

(2) Any land vested in the Crown under subsection (1)—

(a) is deemed to be unalienated land of the Crown; and

(b) is vested subject to any trust, encumbrance, limitation or restriction, and to any other estate or interest in the land, existing immediately before that vesting.

S. 175A(3) amended by Nos 66/2000 s. 21, 85/2006 s. 173(Sch. 1 item 15.7).

(3) Despite anything in the Water Act 1989 or any other Act, any bed, soil and banks to which subsection (1) applies shall be under the management and control of Melbourne Water Corporation to the extent necessary to enable that body to exercise its functions under this Act or the Water Act 1989.

S. 176 amended by Nos 65/1995 s. 14(55), 66/2000 s. 22, repealed by No. 17/2012 s. 77.

S. 176A inserted by No. 65/1995 s. 13, repealed by No. 17/2012 s. 77.