By-Law No. 2: Waterways and Drainage Protection

i By-Law No. 2: Waterways and Drainage Protection S.R. No. 113/1998 TABLE OF PROVISIONS Clause Page 1. Objectives 1 2. Authorising provisions 2 3. Definitions 2 4. Application 2 5. Exempt persons 2 6. No access to certain land, water or works 3 7. Prevention of pollution, silting, injury etc. 3 8. Prohibited activities 4 9. Camping 5 10. Authorisation 5 ═══════════════ NOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 1998 S.R. No. 113/1998 Melbourne and Metropolitan Board of Works Act 1958 By-Law No. 2: Waterways and Drainage Protection The Melbourne Water Corporation makes the following By-law: Dated: 21 August 1998 The official seal of Melbourne Water Corporation was affixed in the presence of and the sealing is attested by— CHRISTOPHER J. STEWART, Chairperson JENNEFER WHYBROW, Corporate Secretary The Governor in Council approves the following By-law: Dated: 8 September 1998 Responsible Minister: PATRICK McNAMARA Minister for Agriculture and Resources SHARNE BRYAN Clerk of the Executive Council 1. Objectives The objectives of this By-law are to provide for the care, protection and management of land, water and works owned by, vested in, or under the control or management of, Melbourne Water Corporation for the purpose of discharging its waterways and drainage functions. -- 2 of 7 -- S.R. No. 113/1998 By-Law No. 2: Waterways and Drainage Protection 2 2. Authorising provisions This By-law is made under sections 240A, 278 and 285 of the Melbourne and Metropolitan Board of Works Act 1958. 3. Definitions In this By-law— "camp" includes using a caravan, trailer or other vehicle or vessel for camping; "Melbourne Water" means Melbourne Water Corporation; "the Act" means the Melbourne and Metropolitan Board of Works Act 1958; "vehicle" includes a bicycle but does not include a motorised wheelchair capable of a speed of not more than 7 kilometres an hour; "vessel" includes a motorised personal water craft. 4. Application This By-law applies to all land and works, and the water in or on that land and works, that is owned by, vested in, or under the control or management of, Melbourne Water as part of its waterways and drainage functions. 5. Exempt persons This By-law does not apply to— (a) any of the following persons, when acting in the course of that person's duties— (i) a Proper Officer; or (ii) a member of the Police force; or (iii) an officer or employee of Melbourne Water; or r. 2 -- 3 of 7 -- S.R. No. 113/1998 By-Law No. 2: Waterways and Drainage Protection 3 (iv) a contractor carrying out any work for Melbourne Water; or (b) a person dealing with a fire, flood or other public emergency; or (c) a person acting in accordance with an authorisation granted by Melbourne Water under clause 10 and any conditions of that authorisation. 6. No access to certain land, water or works A person must not enter any land, water or works if there is a sign displayed at or near the land, water or works or any entrance to the land, water or works indicating that entry to the land, water or works is prohibited. Penalty: 10 penalty units. 7. Prevention of pollution, silting, injury etc. (1) A person must not carry out any activity or deposit or discharge any materials, matters or substances in, or within 20 metres of, any waterway, main drain or main drainage works that— (a) interferes with the flow of water in the waterway, main drain or main drainage works; or (b) causes the silting up, or injury, of the waterway, main drain or main drainage works; or (c) erodes the banks of the waterway, main drain or main drainage works; or (d) pollutes any waterway, main drain or main drainage works; or (e) is likely to do any of the things set out in paragraph (a), (b), (c) or (d) 1 . r. 6 -- 4 of 7 -- S.R. No. 113/1998 By-Law No. 2: Waterways and Drainage Protection 4 (2) Sub-clause (1) does not apply to the carrying out of any activity or the deposit or discharge of any materials, matters or substances that is authorised by or under the Environment Protection Act 1970 or the Planning and Environment Act 1987. 8. Prohibited activities A person must not on or in any land, water or works— (a) erect any structure; or (b) damage, interfere with or remove— (i) any vegetation or fencing, gate or other structure or building; or (ii) any vehicle, vessel, equipment or other property of Melbourne Water; or (iii) any sign displayed by Melbourne Water; or (c) light, maintain or use a fire; or (d) fish or swim in an area where Melbourne Water has determined that fishing or bathing is prohibited and signs have been erected in the name of Melbourne Water indicating that prohibition; or (e) drive, ride, propel or use a vehicle or vessel except on any area of land or water set aside for access by vehicles or vessels generally; or (f) park or leave a vehicle or vessel standing except— (i) in any area indicated by signs as an area set aside for the parking or mooring of vehicles or vessels; or r. 8 -- 5 of 7 -- S.R. No. 113/1998 By-Law No. 2: Waterways and Drainage Protection 5 (ii) in any place where the parking or mooring of vehicles or vessels is not prohibited and the parking or mooring of the vehicle or vessel will not cause obstruction to other people, vehicles or vessels; or (g) enter any drains; or (h) dump any rubbish; or (i) remove soil, earth, gravel, sand or other material from the beds or banks of waterways, main drains or main drainage works or from any land adjacent to the bed or banks whereby the stability of the bed or banks may be affected. Penalty: 10 penalty units. 9. Camping A person must not camp on any land, water or works. Penalty: 10 penalty units. 10. Authorisation (1) Melbourne Water may authorise a person to do anything which would otherwise contravene clause 6, 7, 8 or 9. (2) An authorisation granted under sub-clause (1)— (a) must be in writing; and (b) may be granted subject to any conditions determined by Melbourne Water. ═══════════════ r. 9 -- 6 of 7 -- S.R. No. 113/1998 By-Law No. 2: Waterways and Drainage Protection 6 NOTES 1 Clause 7(1)(e): Section 278(3) of the Melbourne and Metropolitan Board of Works Act 1958 provides a penalty of 10 penalty units for a person contravening this clause. Notes -- 7 of 7 --