By-Law No. 1:Water Supply Protection

i By-Law No. 1: Water Supply Protection S.R. No. 173/1997 TABLE OF PROVISIONS Clause Page 1. Objectives 1 2. Authorising provisions 2 3. Definitions 2 4. Application 3 5. Exempt persons 3 6. No access to certain land or works 4 7. No interference with land, water or works 4 8. Animals 4 9. Authorisation 5 ═══════════════ NOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 1997 S.R. No. 173/1997 Melbourne and Metropolitan Board of Works Act 1958 By-Law No. 1: Water Supply Protection The Melbourne Water Corporation makes the following By-law: Dated: 19 December 1997 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 1. Objectives The objectives of this By-law are— (a) to control access to certain land, water and works, forming part of the metropolitan water catchment or water supply system; and (b) to prevent pollution of or damage to certain land, water or works forming part of the metropolitan water catchment or water supply system; and (c) to provide for the care, protection and management of land, water and works owned by, vested in, or under the control or management of the Melbourne Water Corporation for the purpose of discharging its water supply function. -- 2 of 7 -- S.R. No. 173/1997 By-Law No. 1: Water Supply Protection 2 2. Authorising provisions This By-law is made under sections 110 and 240A of the Melbourne and Metropolitan Board of Works Act 1958. 3. Definitions In this by-law— "Melbourne Water" means Melbourne Water Corporation; 1 "prohibited access area" means— (a) a dam or weir or a reservoir or other water storage; and (b) an aqueduct, channel or other open conduit; and (c) land that is the catchment area for a weir or a reservoir or other water storage; and (d) land that is a buffer zone set aside to protect a catchment area or works referred to in paragraph (a) or (b)— that is enclosed by fencing or has signs prohibiting public access to those works or the land; 2 "prohibited access works" means service reservoirs, treatment plants, pumping stations, and other works associated with the water supply system and includes the land surrounding those works, that is enclosed by security fencing and has signs prohibiting public access to the works or land; "the Act" means the Melbourne and Metropolitan Board of Works Act 1958; r. 2 -- 3 of 7 -- S.R. No. 173/1997 By-Law No. 1: Water Supply Protection 3 "works" includes— (a) cathodic protection units, electrolysis test points, flow or pressure recorders or meters, streamflow, rainfall and climatic recording equipment and water transfer pipelines; and (b) the associated valves, fire hydrants and fire plugs; and (c) the marker posts and covers, cages, cabinets or other structures designed to protect those works. 4. Application This by-law only applies to 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 water supply function. 5. Exempt persons (1) 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 (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 r. 4 -- 4 of 7 -- S.R. No. 173/1997 By-Law No. 1: Water Supply Protection 4 under clause 9 and any conditions of that authorisation. (2) Clause 6 and clause 7(1) do not apply to an officer, employee, agent or contractor of the holder of a water licence, a water and sewerage licence or a water headworks licence under the Water Industry Act 1994 while that officer, employee, agent or contractor is carrying out any necessary works to manage, operate or maintain the works of the licence holder. 6. No access to certain land or works A person must not enter any prohibited access area or any prohibited access works. Penalty: 10 penalty units. 7. No interference with land, water or works 3 (1) A person must not— (a) touch or allow any part of that person to come into bodily contact with any water on or in any prohibited access area or prohibited access works; or (b) tamper or interfere with or damage any land, water or works. Penalty: 10 penalty units. (2) Sub-clause (1) does not apply to a person who opens any ground so as to uncover any pipes or other works or fittings belonging to or under the control or management of Melbourne Water or who wilfully or negligently breaks or injures or opens those pipes or works or fittings. 4 8. Animals A person must not— (a) bring, or cause to be brought, any animal; or r. 6 -- 5 of 7 -- S.R. No. 173/1997 By-Law No. 1: Water Supply Protection 5 (b) leave any animal; or (c) allow any animal to stay or wander— on or in any prohibited access area or prohibited access works. Penalty: 10 penalty units. 9. Authorisation (1) Melbourne Water may authorise a person to do anything which would otherwise contravene clause 6, 7 or 8. (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. 173/1997 By-Law No. 1: Water Supply Protection 6 NOTES 1 Section 118 of the Melbourne and Metropolitan Board of Works Act 1958 requires Melbourne Water to publish in the Government Gazette and in a newspaper circulating in the metropolis notice of all streams, watercourses, reservoirs, aqueducts and other waterworks required to be kept free from contamination or pollution for domestic water supply. The notices set out a general description of and references and locations of the maps and plans of prohibited access areas and prohibited access works. 2 See note 1. 3Section 119 of the Melbourne and Metropolitan Board of Works Act 1958 prohibits, amongst other things, bathing or washing in waterworks and the throwing of certain objects into waterworks. Sections 120–123 also create offences for fouling waters or injuring water supplies or works. 4 Section 126 of the Melbourne and Metropolitan Board of Works Act 1958 provides a penalty for uncovering or exposing or breaking, injuring or opening pipes etc. Notes -- 7 of 7 --