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ANNO SEXAGESIMO PEIMO VICTOKLE BEGINS

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No. 1491. An Act to amend the and Metropolitan Board of Works Acts 1890 and 1893. [2Ath August, 1897.]

T)E it enacted by the Queen's Most Excellent Majesty by and with -*-* the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled ana by the authority of the same as follows (that is to say):—

1. (1) This Act may be cited as the Melbourne and Metropolitan short title ana con« Board of Works Act 1897, and shall be read as one with the Melbourne struction- and Metropolitan Board of Works Act 1890 (hereinafter called the N*08-1197'1351i Principal Act) and with the Melbourne and Metropolitan Board of Works Act 1893; and this Act and the said Acts may be cited together as the Melbourne and Metropolitan Board of Works Acts. (2) Sections three four five six and seven of this Act shall be deemed to be a portion of Part III* of the Principal Act.

2. The Act mentioned in the First Schedule to this Act to the Repeal. extent mentioned therein shall be and the same is hereby repealed. First schedule. Such repeal shall not be deemed to affect any notices given or things commenced or done by the Board pursuant to any of the repealed enactments before the commencement of this Act. 3. In

DM 25 61 VICT.] Melbourne and Metropolitan Board of Works. [No. 1491.

Interpretation. 3. In section seventy-six of the Principal Act for the definitions of the words " sewer" and u street" respectively there shall be substituted the following definitions, and such substitutions shall be deemed to take effect as from the commencement of the Principal Act:— " Sewer." "Sewer" shall mean and include any sewer or underground gutter or channel which is not a drain within the meaning of this Part of this Act and any drain or portion of a drain laid between a sewer and the boundary line of any allotment or curtilage. " Street." "Street" shall include any public or common highway road or thoroughfare and also any public bridge and any road lane passage alley or court which the owners or occupiers of two or more houses or buildings adjoining thereto or proper­ ties abutting thereon have the right to use or do commonly use as a means of access to or drainage from such houses or buildings or properties. This section shall not affect or prejudice any claim for which pro­ ceedings shall have been actually commenced in any court or of which notice shall have been given before the commencement of this Act.

Meaning of 4. In section one hundred and nine of the Principal Act the "foundations" in section 109 of word "foundations" shall mean foundations to a depth not exceeding No. 1197. two feet below the basement floor or cellar of any building or premises. Sees.107 No. 1197. General notice when 5- (1) The Board shall from time to time after sewers have been any streets or portions are laid in any street or part of a street cause a general notice to be given sewered. as hereinafter mentioned that the Board has made provision for carrying off the sewage of each and every property which or any part of which abuts on-such street or part of a street in which sewers have been so laid ; and after such time as shall be fixed by the Board each and every property which or any part of which abuts on such street or part of a street shall be deemed and taken to be a sewered property within the meaning of this Act. (2) The Board may by a further general notice to be given as hereinafter mentioned order that the owner of each and every property which or any part of which abuts on the said street or part of a street, if there are any houses or buildings on such property, shall within such time as shall be specified in such further notice or within such further time as the Board may allow provide "such proper water-closet or water- closets drains appliances apparatus and connexions with such sewer or sewers of the Board as may be prescribed by regulations of the Board. (3) Every property whether or not abutting as aforesaid which shall be connected with any sewer of the Board shall be and shall be deemed to be a sewered property. (4) In fixing or allowing any such time or further time pursuant to this section the Board shall have regard to all the circumstances of each case so that each owner shall have a reasonable opportunity of complying with the requirements of any such notice. (5) The

26 61 VICT.] Melbourne and Metropolitan Board of Works. [Xo. 1491. 3

(5) The general notice sliall he given by placards posted up in public in such street or part of street and shall be advertised in the Government Gazette and at least four times within four successive weeks in one or more newspapers generally circulating in the neighbourhood and shall be in the form in the Second Schedule to this Act or to the Second Schedule. like effect. And the said further general notice shall be given by serving the same on the owner of any property which or any part of which abuts on such street or part of street in maimer prescribed with regard to service of notices or orders by section one hundred and fifty-nine of the Principal Act and sliall be in the form in the Third Third Schedule. Schedule to this Act or to the like effect. A copy of every such general notice or further general notice shall be posted by the Board to the council of any municipal district within which any sewered property referred to in such notice is situate. (6) Within one month after a date to be specified in the said further general notice, or within such further time as the Board may either before or after the expiration of such one month allow, the owner of each and every property abutting on such street or part of a street shall if there are any houses or buildings on such property— (a) submit for the approval of the Board a plan for providing such property with such water-closet or water-closets and such drains appliances apparatus and connexions fitted and laid in such manner as may be prescribed by the regulations of the Board or any modification thereof which the Engineer-iu-Chief of the Board on written application made to him shall in writing under his hand approve, and such owner shall in writing under­ take to carry out such plan within one month .or such further time as the Board may in writing allow if the same is approved by the Board ; or {b) submit for the approval of the Board a plan as aforesaid and in writing request the Board if it approves thereof to give an estimate of the cost and expense thereof, and thereupon it shall be the duty of the Board so to do ; or in writing request the Board to prepare a plan as aforesaid and give an estimate of the cost and expense thereof, and thereupon it shall be the duty of the Board so to do. As soon as the Board gives such estimate such owner shall in writing undertake to carry out such plan within one month or such further time as the Board may allow, or shall in writing request the Board to carry out the same at the cost and expense of the said owner for the estimated amount, and thereupon it shall be the duty of the Board so to do. (7) If within such one month or such further time any such owner has not complied with any of the foregoing requirements, or if after undertaking so to do any such owner has not within the limited time provided such water-closet or water-closets and such drains appliances apparatus and connexions as aforesaid then the Board may order 27 4 61 VICT.J Melbourne and Metropolitan Board of Works. [No. 1491-

order such owner to comply with such of the requirements of the said further general notice as it deems to he necessary or may carry out such undertaking (as the case may be), and such order shall be deemed to be an order within the meaning of section one hundred and ten of the Principal Act. (8) In the event of the Board carrying out the work of providing such water-closet or water-closets and such drains appliances apparatus and connexions, it shall be the duty of the Board at its own cost and expense to keep and maintain the same in good repair for i> period of twelve months from the time of completing the said work unless the necessity for such repair is caused by the wilful act or negligence of the owner or occupier. (9) The Board by its Engineer-in-Chief or such other officer as the Board may appoint for the purpose may at any reasonable time in the day-time after twenty-four hours' notice in writing lias been given to the occupier or left upon the premises with some person residing therein or in case there be no person resident on the said premises without notice enter any house or building and ascertain and determine whether any such further general notice has or has not been complied with. (10) The Board may cause the works hereinbefore mentioned to be inspected while in progress and from time to time during their execution the Engineer-in-Chief of the Board or such other officer as the Board may appoint for the purpose may in writing order such reasonable altera­ tions therein or additions thereto as to the said engineer or other officer may seem necessary.

Board may recover 6. (1) In all cases in which the Board provides any water-closet worki°f perf0rming or water-closets or drains appliances apparatus and connexions pursuant to the requirement of any owner as hereinbefore provided, or performs any works matters or things under section one hundred and ten of the Principal Act or under the last preceding section of this Act the costs and expenses thereof with interest as prescribed in section one hundred and sixteen of the said Principal Act shall be recoverable after the expiration of one month from the time that the Engineer-in-Chief of the Board, or such other officer as the Board may appoint for the pur­ pose, certifies in writing to the Board that the same have been provided or performed and the amount of the costs and expenses thereof. (2) Until paid such costs expenses and interest shall be and remain a charge upon the property in respect to which they were incurred and may at the expiration of seven days after demand in writing therefor be recovered at any time from the owner thereof for the time being. (3) At the request of the owner the Board shall accept payment of such costs and expenses by forty quarterly instalments, bearing interest on such portion as from time to time remains unpaid at the rate of Five pounds per centum per annum. (4) Such request must be made in writing and signed by the owner and must be lodged with the Board within one month from the time of such owner being notified in writing by the Board of the amount of such 28 61 VICT.] Melbourne and Metropolitan Board of Works. [No. 1491. - such costs and expenses. The first quarterly instalment shall he payable immediately on the expiration of the said month. Notwithstanding any­ thing* contained in this section the said owner may at any time pay to the Board such portion as then remains unpaid of such costs and expenses together with interest thereon at the said rate to the date of such payment. (5) A copy of the last two preceding sub-sections shall be included in the notification hereinbefore referred to. (6) In the event of any of the instalments or interest not being paid within fourteen days after the due date thereof the whole amount then unpaid of the costs and expenses shall if the Board so desires become due payable and recoverable with interest as prescribed by section one hundred and sixteen of the Principal Act. (7) Payment of any instalment and interest may be recovered in the like manner as is provided by section one hundred and sixty-two of the Principal Act for the recovery of damages costs expenses or penalties. (8) The certificate of the Engineer-in-Chief or such other officer as aforesaid in writing shall be priind facie evidence in any court that the water-closet or water-closets or drains appliances apparatus and connexions have been provided or the works matters or things have been performed (as the case may be) and prima facie evidence as to the amount of the costs expenses and interest recoverable in respect thereof. 7. At the request of the Treasurer of Victoria, and notwithstanding Board may supply the provisions of section one hundred and thirty of the Principal Act, SSrciM?t™and the Board may provide water-closets or drains appliances apparatus and make charges. connexions and perform any works matters or things necessary to be provided or performed for any premises belonging to Her Majesty (including the Victorian Railways) and the costs and expenses thereof shall be a debt due by and recoverable from Her Majesty. 8. (1) The Board may from time to time but not oftener than Annual estimate. once in every year cause an estimate to be prepared of the money required for one year for the several purposes in respect of which it is authorized to apply the Metropolitan General Fund, showing the sums available for such purposes and the several sums required and the total net annual value of such properties as are sewered and of such properties as are not. (2) In such estimate there may be included any sum required to Overdraft or defray within the year the whole or any part of any debt previously (lebentures- incurred by the Board whether on contract or by way of overdraft or borrowed on credit of deposit receipts debentures or stock of any bank or otherwise : and which sum the Board deems it necessarv * */ or expedient so to defray within the year. (3) Before the Board proceeds to make and levy any rate as Notice of rate. hereinafter provided for any vear the Board shall cause notice of the intention to make such rate and of the time and the period for which the same is intended to be made and of a place where the said estimate can 29 61 VICT*] Melbourne and Metropolitan Board of Works. [No. 1491.

can be inspected by the ratepayers, to be posted up in public and to be advertised in some newspaper generally circulating in the metropolis in the week immediately previous to such rate being made as aforesaid. Inspection of (4) The said estimate shall be open to the inspection of any rate­ estimate. payer in the metropolis at all reasonable times. Municipal valuation (5) For the purpose of making any rate the Board shall adopt as to be adopted. the net annual value of properties the valuation in force at the time of making the rate in the municipalities within which the properties respectively are situate. Eat 3. (6) After the estimate has been prepared and notice given as aforesaid the Board may in respect of the year and for the purposes aforesaid make and levy the rates following (that is to say) :— (a) Upon every sewered property a rate to be called the " Metropolitan General Kate" which for nine years after the commencement of this Act shall be a rate of One shilling in the pound of the net annual value of such property and thereafter shall be a rate not exceeding in any year One shilling in the pound of the net annual value of such property ; (6) Upon every unsewered property within so much of the Fourth Schedule. metropolis as is described in the Fourth Schedule to this Act a rate not exceeding in any year Twopence in the pound of the net annual value of such property, and no such rate shall be made after the expiration of nine years from the commencement of this Act ; and (c) Upon every unsewered property outside so much of the metropolis as is described in the Fourth Schedule to this Act a rate not exceeding in any year One penny in the pound of the net annual value of such property, and no such rate shall be made after the expiration of nine years from the commencement of this Act. {d) If in any year the Board makes no rate upon any unsewered properties whatever the rate which may be made for that >year upon sewered properties shall notwithstanding any­ thing hereinbefore contained be any rate not exceeding One shilling in the pound of the net annual value of such sewered properties. Basis of rate within (7) The rate to be made and levied on sewered properties shall be sewerage areas. calculated as for all the purposes to which the Metropolitan General Fund is applicable. Evidence. (8) In any proceeding to levy or recover any rate a certificate under the common seal of the Board shall be prima facie evidence of such rate and all matters relating thereto without any evidence that the requirements of the Melbourne and Metropolitan Board of Works Acts have been complied with. Exemption of part of (9) Except as mentioned in the next but one following section Heidelberg Shire. the provisions of this section shall not apply to that portion of the Fifth Schedule, Shire of Heidelberg which is described in the Fifth Schedule to this Act. ' 9. (1) The 30 61 VICT.] Melbourne and Metropolitan Board of Works. [No. 1491. 7

9. (1) The Board shall have power, for its temporary accommoda- Power to borrow on tion, to obtain advances by way of overdraft or otherwise from anv bank *®™"£ of dei>09lt upon the credit of deposit receipts debentures or stock of any bank, but so that the total amount at any time owing upon such credit shall not exceed the amount of debt represented by the deposit receipts debentures or stock. (2) The Board shall also have power, but only for the purpose of pay­ ing interest, to borrow by way of overdraft or by the issue of debentures having a currency of not more than twenty years from the commence­ ment of this Act a sum or sums of money not exceeding in the whole Four hundred thousand pounds, and the said sum or sums so borrowed shall be repaid by the Board together with all interest due thereon at or before the expiration of the said twenty years. (3) Nothing in this section contained shall authorize the Board to Limit in Principal borrow any sum which together with all sums of money borrowed or re- exceeded,0 borrowed pursuant to the Melbourne and Metropolitan Board of Works Acts shall exceed the sum of Five million pounds as limited in the Principal Act, exclusive of any principal sums directed by the Principal Act to be paid or provided by the Board to pay off certain loans therein specified.

10. Notwithstanding anything in this Act contained the Board Power to levy rate if it deems it necessary so to do in order to meet its obligations l neceS8try" heretofore incurred or any receivers or receiver appointed by the Supreme Court under the Principal Act either upon the petition of the Treasurer of Victoria or upon the petition of the holder of any deben­ ture heretofore issued by the Board may as hereinbefore provided from time to time but not oftener than once in every year make and levy a rate up to the full amount of One shilling in the pound on all properties within the metropolis whether sewered or not including properties within the portion of the Shire of Heidelberg referred to in tlie last but one preceding section. Provided however that in regard to properties as to which a limit of One penny or Twopence (as the case may be) for every pound sterling of the net annual value thereof is fixed by the last but one preceding section, such limit shall not in any year be exceeded by the Board without the approval of the Governor in Council.

11. (1) All rates made under the provisions of this Act shall be ^^S*™™™1** paid by and be recoverable from the owner of the property for the time occupier, being or the occupier or person using the property for the time being and shall until paid be and remain a charge upon such property. (2) The rate shall commence from the first day of July next preceding the date when the rate shall have been made by the Board, and shall be payable by two equal payments on such days as the Board shall require, but so that (except as to the first year in which a rate is made) there shall be as nearly as possible six months between the time for each payment. (3) Every 31 8 61 VICT.] Melbourne and Metropolitan Board of Works. [No. 1491.

(3) Every demand shall set forth all debts to which the property is liable to the Board, and no rate made under the provisions of this Act shall be recoverable after the expiration of three years from the making of such rate, provided that nothing herein contained shall affect the charge hereby created.

Compare No. 1197 (4) In the event of any rates being paid by or recovered from s. 116. the occupier or person using the property for the time being as afore­ said such occupier or person may deduct all sums of money so paid by him out of the rent unless otherwise provided by lease or agreement from time to time becoming due in respect of the said property as if the same had been actually paid to the owner as part of such rent or such occupier or person may at his option sue the owner therefor before any court of competent jurisdiction or may recover the same in a summary way.

Power to recover 12. If any person refuse or neglect to pay on demand to the rates. Board any rate or part of a rate due by such person to it the Board may recover the amount with or without costs in any court of com­ petent jurisdiction or may cause the amount to be levied in the manner prescribed in section four hundred and eighty-three of the Water Act 1890, with such modification as may be suitable to the circumstances, the signature of the Chairman of the Board being substituted for the signature of the President (or Vice-President) of the Board of Land and Works.

-Amendment of 13- In the first paragraph of section one hundred and sixteen of section 116 of No. 1197. the Principal Act for the word "eight" there shall be substituted the word "five."

Restriction on right 14. Where under a lease existing at the commencement of this of leasee to remove buildings. Act a lessee has the right to remove buildings at the end of his term he shall not be entitled to remove the same or any part thereof unless— (a) He first pays to the lessor or to the Board all the costs and expenses and interest paid by or payable under the Principal Act or this Act by the lessor in respect of any drains appliances apparatus and connexions constructed by or at the cost of such lessor for the purposes of the buildings so removed ; or (b) The removal of the buildings or such portion thereof as is removed is effected without injury to such drains appliances apparatus and connexions.

SCHEDULES. 32 61 VICT,] Melbourne and Metropolitan Board of Works. [No. 1491 9

SCHEDULES.

FIRST SCHEDULE. Section 2.

Number of Act. Short title. Extent of Repeal.

No. 1197 Melbourne and Metropolitan Board Sections one hundred and seven, of Works Act 1890* one hundred and twenty-two, one hundred and twenty-three, one hundred and twenty-five, one hundred and twenty-six, one hundred and twenty-seven, one hundred and twenty-eight, and one hundred and twenty- nine, and Sixth and Seventh Schedules.

SECOND SCHEDULE. Section 5.

THE MELBOURNE AND METROPOLITAN BOARD OF WORKS.—GENERAL NOTICE. The Melbourne and Metropolitan Board of Works having made sewers for carrying off the sewage from each and every pioperty which or any part of which abuts on the streets or parts of streets hereinafter described doth hereby declare that on and after the day of 199 each and every property which or any part of which abuts on the said streets or parts of streets shall be deemed to be a sewered property within the meaning of the Melbourne and Metropolitan Board of Works Act 1897. The streets or parts of streets hereinbefore referred to are \_here describe Mem]. By order of the Board, Chairman (or Member of Board). Secretary (or Acting Secretary).

THIRD SCHEDULE. Section /».

THB MELBOURNE AND METROPOLITAN BOARD OF WORKS.—FURTHER GENERAL NOTICE. The Melbourne and Metropolitan Board of Works having made sewers for carrying off the sewage from each and every property wliich or any part of which abuts on the streets or parts of streets hereinafter described doth hereby order as follows (that is to say) :— (1) Within one month after the day of 189 , or within such further time as the Board may either before or after the expiration of such one 33 10 Gl VICT.] Melbourne and Metropolitan Board of Works. [No. 1491.

THIRD SCHEDULE—continued. one month allow, the owner of each and every propeity which or any pait of which abuts on the said streets or parts of streets shall if theie aie any houses or buildings on such property— {ft) submit for the approval of the Board a plan for providing such property with such water-closet or water-closets and such drains appliances apparatus and connexions fitted and laid in such manner as may be pi escribed by the regulations of the Board or any modification thereof which the Engmeer-in-Chief on written application made to him shall in writing under his hand approve, and such owner shall in writing undertake to cany out such plan within o7te month or such further time as the Board may in writing allow if such plan is approved by the Board ; or {b) submit for the appioval of the Board a plan as aforesaid and in writing request the Board if it approves thereof to give an estimate of the cost and expense thereof, and thereupon it shall be the duty of the Board so to do; or in writing request the Board to prepare a plan as aforesaid and give an estimate of the cost and expense theieof, and thereupon it shall be the duty of the Board so to do. As soon as the Board gives such estimate such owner shall in writing undeilake to carry out such plans within one month or such further time as the Board may allow, or the Board will if so requested by the owner in writing carry out the same at the cost and expense of the owner for the estimated amount. (2) Jf within such one month or such further time any such owner has not complied with some one of the foregoing requirements, or if after undertaking so to do any such owner does not within the limited time provide s*uch water-closet or water-closets and such drains appliances apparatus and connexions as aforesaid, then the Board may order such owner to comply with such of the requirements of this general notice as it deems to be necessary or may cairy out such undcitaking (as the case may be), and such order shall be an order disobedience of which is punishable by a penalty of Twenty pounds and a continuing penalty of Five pounds per day, (3) In the c^cnt of the Boaid executing the work the Board will if so requested accept payment of tlie costs and expenses by forty quarterly instalments bearing interest at Five pei centum pci annum or the whole may be paid off at any time. (4) The streets or pait& of streets hcieiubefore referred to are [here describe iheni\. (5) The regulations of the Boaul can he inspected at the office of the Board situate at [here state place ofofficc\ (6) A copy of the regulations of the Board can be obtained on application at the eaid office. By order of the Board, Chairman (or Member of Board). Secretary (or Acting Secietary).

Section 8 (6). FOURTH SCHEDULE. Town of Brighton. Commencing at the south-east corner of the town boundary of Brighton, being ft poiut in the parish of Moorabbm and county of Bourke, at the intersection of the fore­ shore of Hobson's Bay, with the centic line of a two-chain road known as South- load ; thence easterly along the centre of South-road (being the southern boundary of the town of Brighton) to the intersection with centre of Hampton-street; thence northeily along the centre of Hampton-street to the centre of Cluden-street ; thence easterly along Cluden-stieet to the intersection of Arnot-street; thence north-easterly along centre of Arnot-street to its intersection with Arthur's Seat-road or Brighton-road; thence north-westerly along Arthur's Scat-road or Brighton-road, crossing Bay-street to the intersection of North-road, being a point in the boundary line dividing the town of Brighton fiom the shire of Caulfield ; thence still in a north-westerly direction alone centre 34 T 61 VICT.] Melbourne and Metropolitan Board of Works. [N o. 1491. 1I

FOURTH SCHEDULE—continued. centre of Arthur's Seat-ioad 01 Brighton-load (being along boundary lire between the town of Brighton and the shire of Caulfield) to a point- at the intersection of lailway line felnre of Caulfuld. from Melbourne to Brighton ; thence northerly and noi th-westeily along railway line from Melbourne to ttrightou to the intersection of Rosstown railway junction reserve ; thence south-eastcily along Rosstowu railway junclion lesei ve to a point in line with the continuation of Clarence-street; thence easterly along Clai ence-sfieot to the intersection of Koovong-road ; thence northeily along Kooyong-road to the intcisection of Glen JInntlv-road ; thence ea^teilv along Glen Hun(lv-ioad to the intersection of Grange-i oad ; thence 1101 tli-easfcrly along Giange-ioad to (he in'er-ection of the main Darulenong-road, being a point on the homidaiy line between the shire of Cnulfield and the sliire of Malvern ; thence north-westerly along Dandenong-ioad (being along south boundary of the shire of Malvern) to the intersection of Burke-road ; thence northeily shiie of MaBern. along Burke road to its intersection with Wavcilcy-ioad ; thence easteily along Wateiley- road to the intersection of Koornang-road ; thence northerly along Koornang-road to the inteisection of Manning-ioad ; thence wcstei ly along Manning-road and Mooie-street to the intersection of Burke-road ; thence northerly along Burke-ioad to the inteisection of Malvern-ioad ; thence westeily along Malvern-road to the intersection of Elizabeth- street ; thence northerly along Elizabeth-street to the intersection of Tooiak or Gardinei's Creek-road ; thence westerly along Tooiak 01 Gauliner's Cioek-road to the intersection of Glenferrie-ioad ; thence northerly along Glenfen ie-road to a point in Gardiner^s Creek, on the boundary line dividing the shire of Malvern from the city of Hawthorn; thence further northeily along Glenferiie-road to the intersection Cityof Hawthorn, of Callantina-road ; thence easterly along Callantina-road to its eastern extremity at the intersection of Berkeley-street ; thence in a straight line in a north­ easterly direction to the western end of Kimbla-stieet ; thence easteily along Ki nib la- street to the eastern end of same at the inteisection of Robinson's-rond ; thence in a north-easterly direction in a straight line to the western end of Currajnng-street at its intersection with Auburn-road ; thence easteily along Cunajong-slreet to the intersection of Tooronga-road ; thence 1101 thetly alongTooronga-ioad to the intersection of Campbell- road ; thence easterly along Campbell-road to the intersection of Havelock-road ; tliencc northerly along Havelock-road to the intersection of Campbell-road ; thence easterly, northeily, and easterly along Campbell-road to the intersection of Buikc-i oad, being a point on the boundary line dividing the city of Hawthorn from the shiic of Boroondara ; thence southeily alonjr Buike-i oad (being along the cast boundary of the city of Hawthorn) to a point at the intersection of Alma-road ; thence easteily along Alma-road Shne of noroomiai \ to the intersection of Arlington-street or Aveine-road ; thence northerly along Ailington- stieet or Avenue-road to the intersection of Cieseent-iond ; thence easteily along Crescent-road to the inteisection of St. JohuVa venue : thence northeilv along St. John's-avenue to the intersection of Riversdale-road ; thence easterly along Riversdale-road to the intersection of Boundary-road, being a point on the boundary line between the shire of Boroondara and the shire of Nunawading; thence northerly along Boundary-road (being on the eastern boundary of the shire of Boroondara) to a point at the intersection of Canterbuiy-road; thence easterly along Canterbuiy-road to the intersection of Myrtle-street; thence northerly along 'Nunawadhic* Myrtle-street to the intersection of Station-street; thence easterly along Station-stieet to a point on the eastern boundary line of the Melbourne and Metiopolifan Board of Works; thence northerly along the eastern boundary of the Melbourne and Metropolitan Board of Works to the intersection of Mont Albert-road on the northern boundary line of the Melbourne and Metiopolitan Boaid of Woiks; thence westerly along Mont Alheit- road crossing the dividing line between the shire of Nunawading and the'shirc of Boroon- $\UTC of data to the intersection of Uniou-ioad; thence noitheily along Union-road to 1 lie inter- horoumlara. section of VVhitehorse-road or Cothaiii-road ; thence westerly along Whilehor-c or Cotham road to the intersection of Burke-road being a point on the western boundary line of the shire of Boroondara; thence still westerly along the Coiham-ioad to the intersection of OOIOHKII of Ke^\ Noimanby-road; thence northerly along Noimanby-ioad to the intersection of Harp-ioad; thence westerly along Harp-road to the inteisection of Bulleen-rcad; Jhcnce south- westeily along Bulleen-road to the intersection of Glad-tonc-slrect; thence northerly

along 35 12 61 VICT.] Melbourne and Metropolitan Board of Works. [No. 1491.

FOURTH SCHEDULE—continued. along Gladstone-street to tho intersection of Eglin ton-street ; thcnco westerly along Eglin ton -street to the intersection of Princess-street and Willsmere-road ; thence north-westerly following the direction of the Kew, Hawthorn, and Malvern high-level water-mains to the River Yarra nt a point on the boundary line between the borough of Kew and the shire of Heidelberg ; thence north-westerly and north-easterly along the River Ymra (being the boundary hotwoen the borough of Kew and the shiie of Heidelberg) to a point at the iuteiscction of Bond-sheet ; thence northerly along Shire of IIcM

FOURTH SCHEDULE—continued. the boundary between the town of Brunswick and tLie town of Essendon) to the north- Town of Easendon. western corner of the town of Brunswick at the intersection of Moreland-road ; thence westerly along Moreland-road to the intersection of Ashurst-street ; thence north­ westerly along Ashurst-street to the inteisection of Glass-street ; thence westerly along Glass-street to the intersection of Mount Alexander-road ; thence north-westerly along Mount Alexander-road to the intersection of Lincoln-sheet ; thence southerly along Lincoln-street to the intersection of Buckley-street ; thence continuing further southerly in the line of Lincoln-street produced, to the intersection of McPherson-street and Albion-street; thence southeily along Albiou-sticet to the intersection of Maribyrnong- road and Epsom-ioad ; thence south-eastcily along Epsom-road to the boundary hue dividing the town of Essendon from the borough of FIcmingtou and Kensington; thence further south-easterly along Epsom-ioad (being along the boundary line of Flemington Borough of and Kensington) to the inteisection of Ascot Vale-ro.id ; thence still further south- JTlciuuisioii .uid easterly along Epsom-road to the intersection of Smithiield-road ; thence south- Kensington, westerly along Smitlifield-road to the Saltwater Ri\er to a point on the boundary line between the borough of Flemington and Kensington and the ; thence southerly along the Saltwater Rivei (being the boundary line between the boiough of Flemington and Kensington and the city of Footscray) to the City of FooUcray intersection of Swamp-road; thence westerly in line of Swamp-ioad acioss Saltwater River to the intersection of Maribyrnong-stroct ; thence northerly along Maribyrnong- street to the inteisection of Joseph-ioad, and from thence still northeilyin line with Maribyiuong-sheet pioduced to the intersection of Ncwell-streel ; thence westerly along Newell-shect to the intersection of Nicholson-street ; thence northeily along Nieholson- stieet to the intersection of the Ballarat and Melbouino-road ; thence north-wc&teily along the Ballaiafc and Melbourne-road to the inteisection of Gordon-street ; thence southerly along Gordon-street to the intersection of Melbourne and Geeloius-road ; thence south­ westerly along Melbourne and Geelong-road to the intersection of Harrison-street, being on the western boundary line of the Melbourne and Metropolitan Board of Work^ ; thence southerly along Hariison-street and the Melbourne and Metropolitan Board of Works western boundary to the intersection of Stony Creek, being a point on the boundary line dividing the city of Footscray and the town of Williams- Town of town ; thence still southeily along Harrison-street and the western boundary Wilhamttown. line of the Melbourne and Metropolitan Board of Works to the inteisection of Bay view-avenue and Melbourne-road ; thence south-easterly along Melbourne-ioad to the intersection of Power-sheet ; thence southerly and south-easterly along Power-street to the intersection of Kororoit Creek-road ; thence westeily along Koioroil Creek-road to the intersection of Victoria-sheet ; thence southerly along Victoria-street to the fore­ shore of Hobson's Bay, in the paiishof Cut-paw-paw and county of Bourke, at Williams- Town of Port town ; thence easterly and northerly along the foieshore of Hobson's Bay to the training Melbourne. wall on the left bank of the River Yarra at its outlet into Hobson's Bay ; thence northerly and north-easterly along the left bank of the River Yarra to the intersection of Coode's Canal ; thence north-westerly across Coode's Canal and along the left bank of the River Yana (crossing the boundary line dividing the town of Poit Melbourne from the city of Melbourne) to its junction with the Saltwater River ; thence northerly ncioss City of Melbourne. the River Yarra and still fuither in a northerly diiection along the left bank of the Saltwater River to the intersection of Swamp-road ; thence easterly along Swamp-road to the intersection of Railway-place; thence south-easterly along Railway-place to the intersection of Dudley-street ; thence ^outh-wester ly along Dudley-street to the intersec­ tion of the boundary line between the Melbourne Harbor Trust and the Victorian Railways Department; thence in a south-easterly direction following the Melbourne Harbor Trust boundaiy to the north-east corner of the Metropolitan Gas-works; thence westerly and southeily along the northern and western boundaries of the Metropolitan Gas-works to the River Yarra; thence in a straight line in a southerly diiection (across the River Yarra and the boundary line dividing the city of Melbourne from the ) City of South to the intersection of Lorimei-street and White-stiect; thence easterly along Lorimer- Melbourne, sheet to the intersection of Johnson-street; thence southerly along Johnson-street to the intersection of Boundary-road and Normauby-road, being a point on the boundary line

between 37 14 61 VICT.] Melbourne and Metropolitan Board of Works. [No. 1491.

FOUHTII SCHEDULE—continued. Town of Tort between the city of South Melbourne and the town of Port Melbourne; thence south- Melbourne, westerly along Normanby-road to the intersection of Ingles-street and the Williamstown- road ; thence south-westerly along Williamstown-road to the intersection of Farrell- strect ; thence south-easterly along Fancll-slreet to the intersection of Claik-street ; thence south-westerly along Claifc-stroet to the inteisection of Poc lman-stteet ; thence south-easteily along Poolman-street to the inteisection of Swallow-street ; thence south­ westerly along Swallow-street io the foicshore of Ilobson's Ray ; thence south-easterly and southeilv along the foieshore of Ilobson's Ray (crossing the boundary lines between South Melbourne. the town of Port Melbourne and the city of South Melbourne, the bonndaiy line between . the city of South Melbourne and the city of St. Kilda, and the boundary between the Town of Bughton, city of St. Kilda and the town of Brighton) to the commencing point at the intersection of South road in the parish of Moorabbin and county of Bourke.

Section 8 (9). FIFTH SCHEDULE. All that portion of the sbiie of Ileidelbeig lying noithwards of the line hereunder detciibed, being a portion of the Heidelberg Hiding and the whole of the Gieensborough Hiding : Commencing at the south-west angle of section 9, parish of Keelhnndora, county of Bomke, being a point on the we«tein bonndaiy of the shiic of Heidelberg ; thence east by the south bonndaiy of sections 9 and 8 in the said patish to the south-eastern angle of the latter section, being a point on the Plenty River and on the eastern boundary of the before-mentioned shire.

MELBOURNE: By Authority: ROUT. S. BRAIN, Government Printer.

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