ROAD MANAGEMENT BILL 2004

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ROAD MANAGEMENT BILL 2004

PARLIAMENT OF VICTORIA Road Management Act 2004 Victorian Legislation and Parliamentary Documents Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purpose and outline 1 2. Commencement 3 3. Definitions 4 4. Object of Act 16 5. Interpretation and application of Act 18 6. Crown to be bound 20 PART 2--RIGHTS OF ROAD USERS 21 7. Purpose of Part 21 8. Right of passage 21 9. Rights of owners and occupiers of adjoining land 21 10. Rights of the public in relation to a public highway 22 PART 3--THE ROAD SYSTEM 23 Division 1--Roads 23 11. Power to declare and name a road 23 12. Discontinuance of roads 25 13. Power to fix boundary of road 27 14. Power of VicRoads to make declarations in respect of roads 28 15. Arrangements between road authorities to transfer road management functions 30 16. Designated road project 31 Division 2--Public Roads 33 17. What is a public road? 33 18. Ancillary areas in relation to public roads 34 19. Register of public roads 35 i 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Clause Page PART 4--MANAGEMENT OF ROADS 36 Division 1--Coordination of Road Management 36 Victorian Legislation and Parliamentary Documents 20. Principal object and management principles 36 21. Ministers may require information or advice 36 22. Power of Ministers to give directions 37 23. Power of Governor in Council to give exemption 38 24. Purposes of Codes of Practice 39 25. What can a Code of Practice include? 40 26. Power to apply, adopt or incorporate 42 27. Codes of Practice as evidence 43 28. Making of Codes of Practice 45 29. Availability of Codes of Practice 46 30. Tabling and disallowance 46 31. Utilities' Infrastructure Reference Panel 47 32. Functions of the Utilities' Infrastructure Reference Panel 49 Division 2--General Functions and Powers of Road Authorities 50 33. Role of a road authority 50 34. General functions 50 35. Powers of a road authority 51 36. Which road authority is the coordinating road authority? 52 37. Which road authority is the responsible road authority? 52 38. Exercise of functions and powers 55 39. Road authority may make a policy or policy decision relating to road management functions 58 Division 3--Specific Powers and Duties of Road Authorities 59 40. Statutory duty to inspect, maintain and repair public roads 59 41. Power to determine standard of construction, inspection, maintenance and repair 61 42. Declaration of a public road as a controlled access road 63 43. Specific road construction, repair and maintenance powers of State road authorities 63 44. Specific traffic management powers of State road authorities 64 45. Specific road property provisions, powers and duties 64 46. Specific protection of roads and adjoining land powers of State road authorities 64 Division 4--Infrastructure and Works on Roads 64 47. Purpose of Division 64 48. Specific duties and powers in relation to infrastructure and works on roads 65 ii 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Clause Page Division 5--Road Management Plans 65 49. The making of a road management plan is voluntary 65 Victorian Legislation and Parliamentary Documents 50. Purposes of a road management plan 65 51. Standards may be included in a road management plan 66 52. Contents of a road management plan 66 53. Power to apply, adopt or incorporate 67 54. Procedure for making or amending a road management plan 68 55. Availability of road management plan 69 Division 6--Development Contributions 70 56. Development contribution 70 57. Review of required payments 71 58. State road authority may require further payment or refund excess 73 59. When payment is due 73 PART 5--PROTECTION OF ROADS 75 Division 1--Offences 75 60. Offences in relation to unauthorised access to roads 75 61. Offence to fail to comply with direction 76 62. Obstruction of road 76 63. Interference with a road 77 64. Failure to give notice 78 65. Compliance with conditions of written consent 78 Division 2--Controls on Advertising, Signs and Bills on Roads and Road Infrastructure 79 66. Written consent required for placing of specified things on a road or road infrastructure 79 67. Advertiser must disclose name of distributor 79 68. Distributor must disclose name of depositor 80 69. Person must remove structure, device, hoarding, advertisement, sign or bill if requested to do so 80 70. Court may order removal of structure, device, hoarding, advertisement, sign or bill 81 Division 3--Authorised Officers 82 71. Authorised officers 82 72. Authorised officer's identity card 83 73. Production of identity card 84 74. General powers of authorised officers 84 75. Power to enter upon any land 84 76. Power to obtain name and address 85 77. Requirement to assist authorised officer during entry 86 78. Assistance of member of police force 86 iii 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Clause Page 79. Offence for failure to give name and address 86 80. Refusal or failure to comply with requirement or direction 86 81. Protection against self-incrimination 86 Victorian Legislation and Parliamentary Documents 82. Offence to give false or misleading information 87 83. Offence to hinder or obstruct authorised officer 87 84. Offence to impersonate authorised officer 87 85. Entry to be reported to the relevant road authority 87 86. Register of exercise of powers of entry 88 87. Complaints 88 88. Service of documents 88 89. Confidentiality 89 Division 4--Enforcement 89 90. Power to serve road management infringement notice 89 91. Form of notice 90 92. Withdrawal of road management infringement notice 90 93. Payment of penalty 91 94. Infringement notice not to prejudice further proceedings 91 95. Enforcement of infringement penalty 92 96. Institution of proceedings for offences 92 PART 6--CIVIL LIABILITY 94 Division 1--General 94 97. Definitions 94 98. Effect of this Part 94 Division 2--Negligence 94 99. Application of Division 94 100. Application of Part XII of Wrongs Act 1958 94 101. Principles concerning performance of road management functions 95 102. Limitations on liability of road authority 96 103. Policy defence 96 104. Liability where duty to perform and discretionary power to remedy 97 105. Defence to prove that reasonable care was taken 98 106. Matters which may be considered to constitute contributory negligence 99 Division 3--Other Liability 99 107. Liability of road authority 99 108. Road authority is not liable as an occupier 99 109. Liability in relation to fencing 100 110. Limits in relation to liability for property damages 100 111. Indexation provision 102 iv 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Clause Page Division 4--Liability of Persons Other Than Road Authorities 104 112. Right to recover for damage to road 104 Victorian Legislation and Parliamentary Documents 113. Duty of owner or occupier of adjoining land 104 Division 5--Claims Procedure 105 114. Purpose of Division 105 115. Notice of incident 105 116. Preparation of condition report 106 PART 7--GENERAL 108 117. Power of Ministers to delegate 108 118. Power of road authority to delegate 108 119. Power of VicRoads to perform road management functions on roads 109 120. Power of road authority to perform road management functions on arterial road 109 121. Agreement to conduct additional works 110 122. Power to charge fees 110 123. Power to charge for services 111 124. Evidentiary provisions 111 125. Resolution of disputes 112 126. Review of decision 113 127. Compensation payable by a road authority in certain circumstances 113 128. Abrogation of obsolete common law road classifications 115 129. Partial abrogation of "ratione tenure" rule 115 130. Obstruction of navigable rivers 115 131. Supreme Court--limitation of jurisdiction 115 132. Regulations 115 133. Application of regulations to Link road and Extension road 123 134. Application of Act in respect of the Link road and Extension road 124 135. Transitional and savings provisions 126 PART 8--AMENDMENT OF OTHER ACTS 127 Division 1--Transport Act 1983 127 136. New sections 15A and 15B inserted 127 15A. Trading name 127 15B. Extra territoriality 127 137. Consequential amendments 127 v 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Clause Page Division 2--Road Safety Act 1986 130 138. New section 17A inserted 130 Victorian Legislation and Parliamentary Documents 17A. Obligations of road users 130 139. New section 68A inserted 131 68A. Unauthorised use of freeway 131 140. Consequential amendment 132 Division 3--Other Amendments to Road Safety Act 1986 133 141. New sections 99A and 99B inserted 133 99A. Conduct of works or activities on a highway 133 99B. Non-road activities on highways 134 142. Consequential amendments 135 Division 4--Local Government Act 1989 136 143. Amendment of section 3 136 144. Sections 202, 203 and 207F repealed 137 145. Amendment of section 205 137 146. Section 207 substituted 137 207. Powers of Councils over traffic 137 147. Consequential amendments 137 Division 5--Miscellaneous Amendments 138 148. New section 3A inserted in Alpine Resorts (Management) 138 Act 1997 3A. Application of Road Management Act 2004 138 149. Business Franchise (Petroleum Products) Act 1979 139 150. Casino Control Act 1991 139 151. Catchment and Land Protection Act 1994 139 152. Chinatown Historic Precinct Act 1984 140 153. Commonwealth Games Arrangements Act 2001 140 154. Crown Land (Reserves) Act 1978 140 3A. Application of Road Management Act 2004 140 155. Electricity Safety Act 1998 141 156. Fences Act 1968 141 157. New section 3A inserted in Forests Act 1958 142 3A. Application of Road Management Act 2004 142 158. Amendment of Forests Act 1968 142 159. Impounding of Livestock Act 1994 143 160. Land Act 1958 143 3A. Application of Road Management Act 2004 143 161. Amendment of the Land Act 1958 144 162. Melbourne City Link Act 1995 144 163. Metropolitan Fire Brigades Act 1958 146 164. National Parks Act 1975 146 4A. Application of Road Management Act 2004 146 165. Amendment of the National Parks Act 1975 147 vi 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Clause Page 166. Planning and Environment Act 1987 148 167. Victorian Civil and Administrative Tribunal Act 1998 148 168. New section 160A inserted in Victorian Civil and Victorian Legislation and Parliamentary Documents 149 Administrative Tribunal Act 1998 160A. Supreme Court--limitation of jurisdiction 149 169. Victorian Plantations Corporation Act 1993 149 Division 6--Other Amendments 149 170. 149 Electricity Industry Act 2000 171. 150 Electricity Safety Act 1998 172. 151 Gas Industry Act 2001 173. 151 Pipelines Act 1967 174. 151 Rail Corporations Act 1996 175. Section 137 of the Water Act 1989 substituted 153 137. Works on a road 153 176. Section 148 of the Water Act 1989 amended 154 177. Section 62 of the Water Industry Act 1994 substituted 155 62. Works on a road 155 178. Section 66 of the Water Industry Act 1994 amended 155 179. Further transitional and savings provisions 156 __________________ SCHEDULES 157 SCHEDULE 1--Registers of Public Roads 157 SCHEDULE 2--Management of Road Access 159 SCHEDULE 3--Specific Powers of State Road Authorities 164 SCHEDULE 4--Specific Traffic Management Powers of State Road Authorities 168 SCHEDULE 5--Road Property Provisions, Powers and Duties 172 SCHEDULE 6--Specific Protection of Roads and Adjoining Land Powers of State Road Authorities 179 SCHEDULE 7--Infrastructure and Works on Roads 182 SCHEDULE 8--Road Management Infringements 193 SCHEDULE 9--Transitional and Savings Provisions 194 SCHEDULE 10--Further Transitional and Savings Provisions 196 ENDNOTES 197 INDEX 198 vii 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

PARLIAMENT OF VICTORIA Initiated in Assembly 2 March 2004 Victorian Legislation and Parliamentary Documents A BILL to reform the law relating to road management in Victoria, to amend the Transport Act 1983, the Road Safety Act 1986 and the Local Government Act 1989 and to make related amendments to certain other Acts and for other purposes. Road Management Act 2004 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose and outline (1) The purpose of this Act is to reform the law relating to road management in Victoria and to 5 make related amendments to certain Acts. 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004 1

Road Management Act 2004 Act No. Part 1--Preliminary s. 1 (2) In outline this Act-- � establishes a new statutory framework for Victorian Legislation and Parliamentary Documents the management of the road network which facilitates the coordination of the various 5 uses of road reserves for roadways, pathways, infrastructure and similar purposes; � sets out certain rights and duties of road users; � 10 establishes the general principles which apply to road management; � provides for the role, functions and powers of a road authority; � provides for the making of Codes of Practice 15 to provide practical guidance in relation to road management; � facilitates the making of road management plans as part of the management system to be implemented by a road authority in the 20 performance of road management functions; � enables the declaration and discontinuance of roads; � provides a new process for the declaration and classification of roads and the 25 re-allocation of management responsibility for roads; � provides for a road authority to keep a register of public roads in respect of which the road authority is the coordinating road 30 authority; � provides for the construction, inspection, maintenance and repair of public roads; 2 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 1--Preliminary s. 2 � sets out the road management functions of road authorities; Victorian Legislation and Parliamentary Documents � sets out the road management functions of infrastructure managers and works managers 5 in providing infrastructure or conducting works; � provides for issues relating to civil liability arising out of road management; � provides for mechanisms to enforce and 10 administer provisions of the Act; � makes related amendments to the Transport Act 1983, the Road Safety Act 1986, the Local Government Act 1989 and certain other Acts. 15 2. Commencement (1) This Part and Divisions 1 and 5 of Part 4 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Part 2, Part 3, Divisions 2, 3 and 6 of Part 4, 20 Divisions 3 and 4 of Part 5, Part 6, Part 7 and Divisions 1, 2, 4 and 5 of Part 8 come into operation on 1 July 2004. (3) Subject to sub-section (4), Division 4 of Part 4, Divisions 1 and 2 of Part 5 and Divisions 3 and 6 25 of Part 8 come into operation on a day or days to be proclaimed. (4) If a provision of this Act specified in sub- section (3) does not come into operation before 1 January 2005, it comes into operation on that 30 day. 3 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 1--Preliminary s. 3 3. Definitions (1) In this Act-- Victorian Legislation and Parliamentary Documents "ancillary area" means an area designated as an ancillary area by the coordinating road 5 authority under section 18; Example Any area which is a "park and ride" carpark, rest stop or scenic lookout could be designated as an ancillary area. 10 "arterial road" means a road which is declared to be an arterial road under section 14; "authorised officer" means an authorised officer appointed for the purposes of this Act under section 71; 15 "Code of Practice" means a Code of Practice made under Division 1 of Part 4; "controlled access road" means a public road in respect of which a declaration is in force under section 42; 20 "coordinating road authority" in relation to a road, means the road authority which has coordination functions as determined in accordance with section 36; "designated road project" means a road project 25 designated by the Minister under section 16 as a designated road project; "Extension corporation" has the same meaning as it has in section 3 of the Melbourne City Link Act 1995; 30 "Extension road" has the same meaning as it has in section 3 of the Melbourne City Link Act 1995; 4 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 1--Preliminary s. 3 "freeway" means a road declared to be a freeway under section 14; Victorian Legislation and Parliamentary Documents "infrastructure" means road infrastructure and non-road infrastructure; 5 "infrastructure manager" means-- (a) in relation to road infrastructure, the responsible road authority under section 37; or (b) in relation to non-road infrastructure, 10 the person or body that is responsible for the provision, installation, maintenance or operation of the non-road infrastructure; "land" includes any estate, interest, easement, 15 servitude, privilege or right in or over land and strata above or below the surface of land and easements and rights to use strata above or below the surface of land; "Link corporation" has the same meaning as it 20 has in section 3 of the Melbourne City Link Act 1995; "Link road" has the same meaning as it has in section 3 of the Melbourne City Link Act 1995; 25 "maintenance" of any road and infrastructure includes the execution of all works of any description which are required to keep the road or infrastructure in the state of utility determined in accordance with this Act or 30 any other Act to be appropriate; "motor vehicle" has the same meaning as it has in section 3(1) of the Road Safety Act 1986; 5 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 1--Preliminary s. 3 "municipal road" means any road which is not a State road, including any road which-- Victorian Legislation and Parliamentary Documents (a) is a road referred to in section 205 of the Local Government Act 1989; or 5 (b) is a road declared by VicRoads to be a municipal road under section 14(1)(b); or (c) is part of a Crown land reserve under the Crown Land (Reserves) Act 1978 10 and has the relevant municipal council as the committee of management; "non-arterial State road" means a State road which is not a freeway or an arterial road; "non-road infrastructure" means infrastructure 15 in, on, under or over a road which is not road infrastructure; Note: See the definition of "road infrastructure". Examples Non-road infrastructure would include gas pipes, 20 water and sewerage pipes, cables, electricity poles and cables, tram wires, rail infrastructure (including boom gates, level crossings and tram safety zones), bus shelters, public telephones, mail boxes, roadside furniture and fences erected by utilities. 25 "pathway" means a footpath, bicycle path or other area constructed or developed by a responsible road authority for use by members of the public other than with a motor vehicle but does not include any 30 path-- 6 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 1--Preliminary s. 3 (a) which has not been constructed by a responsible road authority; or Victorian Legislation and Parliamentary Documents (b) which connects to other land; Examples 5 A footpath or bicycle path constructed on a road reserve by a responsible road authority for use by the general public would be a pathway. A foot trodden track over roadside land or a path that connects from a roadway or footpath to privately 10 owned land would not be a pathway. "prescribed" means prescribed by the regulations; "principal object of road management" means the principal object specified in section 15 20(1); "provider of public transport" includes-- (a) a rail corporation, a train operator or a tram operator under the Rail Corporations Act 1996; or 20 (b) a person providing a regular passenger service within the meaning of the Public Transport Competition Act 1995 under the authority of a service contract within the meaning of that Act; 25 "public highway" means any area of land that is a highway for the purposes of the common law; "public road" means a public road within the meaning of section 17; 30 "regulate traffic" means restrict, direct, control or prohibit the passage along a road of persons, vehicles or other kinds of traffic; "regulations" means regulations made under this Act; 7 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 1--Preliminary s. 3 "relevant municipal council", in relation to a road or part of a road, means the municipal council of the municipal district in which the Victorian Legislation and Parliamentary Documents road or the part of the road is located; 5 "relevant road Minister" means-- (a) the Minister administering this Act, if the coordinating road authority is VicRoads; (b) the Minister administering the Local 10 Government Act 1989, if the coordinating road authority is a municipal council; (c) the Minister administering the Docklands Act 1991, if the 15 coordinating road authority is the Victorian Urban Development Authority; (d) subject to paragraph (b), the Minister administering the Crown Land 20 (Reserves) Act 1978, if the coordinating road authority has responsibility for roads under that Act; (e) the Minister administering the Forests Act 1958, if the coordinating road 25 authority has responsibility for roads under that Act; (f) the Minister administering the Land Act 1958, if the coordinating road authority has responsibility for roads 30 under that Act; (g) the Minister administering the National Parks Act 1975, if the coordinating road authority has responsibility for roads under that Act; 8 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 1--Preliminary s. 3 (h) if paragraphs (a) to (g) do not apply, the Minister administering the Act under which the road authority has Victorian Legislation and Parliamentary Documents responsibility for roads; 5 "relevant utility Minister", in relation to a utility, means the Minister of the Commonwealth or of Victoria administering the Act under which the utility performs its functions; 10 "repair" means the taking of any action to remove or reduce a risk arising from a defect in a roadway, pathway or road-related infrastructure, including-- (a) reinstating a road to its former standard 15 following works to install any infrastructure; (b) reinstating a road to its former standard following deterioration or damage; (c) providing a warning to road users of a 20 defect in a roadway, pathway or road- related infrastructure-- but does not include the upgrading of a roadway, pathway or road-related infrastructure; 25 Examples Filling in a pothole in a roadway, resurfacing the roadway and erecting a warning sign would be actions to repair the road. "responsible road authority" in relation to a 30 road, means the road authority which has operational functions as determined in accordance with section 37; 9 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 1--Preliminary s. 3 "road" includes-- (a) any public highway; Victorian Legislation and Parliamentary Documents (b) any ancillary area; (c) any land declared to be a road under 5 section 11 or forming part of a public highway or ancillary area; "road authority" means a person or body specified in or under section 37; "road infrastructure" means-- 10 (a) the infrastructure which forms part of a roadway, pathway or shoulder, including-- (i) structures forming part of the roadway, pathway or shoulder; 15 (ii) materials from which a roadway, pathway or shoulder is made; (b) the road-related infrastructure; Examples A bridge, culvert or ford would be a structure forming 20 part of a roadway. Materials such as asphalt, bitumen, gravel, lane markers and lines would be materials from which a roadway, pathway or shoulder is made. "road management function" means a function, 25 power or duty conferred or imposed on-- (a) a road authority by or under-- (i) this Act; (ii) the Road Safety Act 1986; (iii) the provisions of the Local 30 Government Act 1989 referred to in section 5(2); 10 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 1--Preliminary s. 3 (iv) the Transport Act 1983; (v) any other Act dealing with the Victorian Legislation and Parliamentary Documents management of roads; (b) a utility, infrastructure manager or 5 works manager by or under this Act; "road management infringement" means an offence-- (a) against this Act that is specified in Schedule 8; or 10 (b) against the regulations that is specified in the regulations to be a road management infringement; "road-related infrastructure" means infrastructure which is installed by the 15 relevant road authority for road-related purposes to-- (a) facilitate the operation or use of the roadway or pathway; or (b) support or protect the roadway or 20 pathway; Examples A traffic control sign, traffic light, road drain or embankment would be road-related infrastructure. A noise wall, gate, post or board installed on the road 25 reserve by the relevant road authority for road-related purposes would be road-related infrastructure. "road reserve" means all of the area of land that is within the boundaries of a road; 11 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 1--Preliminary s. 3 "roadside" means any land that is within the boundaries of a road (other than the shoulders of the road) which is not a Victorian Legislation and Parliamentary Documents roadway or a pathway and includes the land 5 on which any vehicle crossing or pathway which connects from a roadway or pathway on a road to other land has been constructed; Example Any nature strip, forest, bushland, grassland or 10 landscaped area within the road reserve would be roadside. "roadway" means-- (a) in the case of a public road, the area of the public road that is open to or used 15 by members of the public and is developed by a road authority for the driving or riding of motor vehicles; (b) in the case of any other road, the area of the road within the meaning of "road" 20 in section 3(1) of the Road Safety Act 1986-- but does not include a driveway providing access to the public road or other road from adjoining land; 25 "shoulder" means the cleared area, whether or not constructed or sealed, next to a roadway that provides clearance between the roadway and the roadside but does not include any area that is not in the road reserve; 30 "State road" means a road which-- (a) is a freeway or arterial road; or (b) is declared to be a non-arterial State road under this Act; or (c) is the responsibility of a State road 35 authority under another Act; 12 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 1--Preliminary s. 3 "State road authority" means a road authority other than a municipal council, the Extension corporation or the Link corporation; Victorian Legislation and Parliamentary Documents "the Agreement" has the same meaning as it has 5 in section 3 of the Melbourne City Link Act 1995; "the Extension Agreement" has the same meaning as it has in section 3 of the Melbourne City Link Act 1995; 10 "the Integration and Facilitation Agreement" has the same meaning as it has in section 3 of the Melbourne City Link Act 1995; "traffic" includes vehicular, pedestrian and all other kinds of traffic; 15 "Tribunal" means the Victorian Civil and Administrative Tribunal established under the Victorian Civil and Administrative Tribunal Act 1998; "urban area" means, in relation to a road, an 20 area in which-- (a) a speed limit of 60 kilometres per hour or less applies not being a speed limit which applies only because of a temporary reason such as roadworks or 25 a street event; or (b) there are buildings on land next to the road, or there is street lighting, at intervals not exceeding 100 metres for-- 30 (i) a distance of at least 500 metres; or (ii) if the length of the road is less than 500 metres, over the length of the road; 13 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 1--Preliminary s. 3 "Utilities' Infrastructure Reference Panel" means the Panel established under section 31; Victorian Legislation and Parliamentary Documents "utility" means-- 5 (a) an entity (whether publicly or privately owned) which provides, or intends to provide, water, sewerage, drainage, gas, electricity, telephone, telecommunication or other like 10 services under the authority of an Act of Victoria or the Commonwealth; (b) any person who under the Pipelines Act 1967 is-- (i) permitted to own or use a pipeline; 15 or (ii) licensed to construct or operate a pipeline; (c) a provider of public transport; "VicRoads" means the Roads Corporation 20 established under Part II of the Transport Act 1983; "works" includes any kind of activity conducted on or in the vicinity of a road or proposed road in connection with the construction, 25 maintenance or repair of the road or the installation, maintenance or repair of any infrastructure in, on, under or over a road and without limiting the generality of this definition includes-- 30 (a) excavating or breaking up the surface of a road; (b) erecting a structure in, on or over a road; 14 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 1--Preliminary s. 3 (c) removing or interfering with any structure or marking on a road; Victorian Legislation and Parliamentary Documents (d) planting or removing a tree or other vegetation; 5 (e) tunnelling under a road; (f) connecting a road to a road; (g) installing pipes, drains, cables, poles, buildings, shelters or other structures on a road reserve; 10 (h) erecting any obstruction on a road or otherwise impeding the use of a road for the purpose of conducting any works; "works and infrastructure management 15 principles" means the principles specified in section 20(2); "works manager" means any person or body that is responsible for the conduct of works in, on, under or over a road. 20 Note: This includes all works whether related to road infrastructure or non-road infrastructure. (2) A reference to a road authority is to be construed as a reference to the road authority which has, in respect of the relevant part of a road, or in respect 25 of road infrastructure or vegetation in the relevant part of a road, coordination functions in accordance with section 36 or operational functions in accordance with section 37. (3) A reference to a register of public roads is to be 30 construed as a reference to the register of public roads kept by the relevant road authority. (4) A reference to the Minister administering a specified Act is to be construed as a reference to the Minister administering the relevant provisions 35 of the Act. 15 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 1--Preliminary s. 4 4. Object of Act (1) The primary object of this Act is to establish a Victorian Legislation and Parliamentary Documents coordinated management system that will promote safe and efficient road networks at State and local 5 levels and the responsible use of road reserves for other legitimate purposes. (2) In seeking to achieve the primary object, this Act-- (a) sets out general rights of roads users; 10 (b) establishes a system for the management of safe and efficient public roads that best meet the needs and priorities of State and local communities; (c) establishes a system of classification for 15 roads and sets clear principles about the division of responsibilities between State and local road authorities; (d) provides mechanisms for coordinating the placement and maintenance of infrastructure 20 on road reserves, and the carrying out of related works, so as to-- (i) minimise interference with road use; (ii) facilitate the effective and efficient provision of utility services; 25 (iii) minimise interference with other infrastructure and the provision of utility services; (e) provides for the keeping of registers of public roads which register those roads 30 which must be constructed, maintained and managed by road authorities; 16 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 1--Preliminary s. 4 (f) establishes decision-making processes in relation to standards for the construction, inspection, maintenance and repair of State Victorian Legislation and Parliamentary Documents and municipal roads which take into 5 account-- (i) the needs and expectations of the relevant communities; and (ii) national, State and local government transport and other policies; and 10 (iii) the available funding within the context of the whole range of responsibilities of road authorities; (g) sets out the powers and duties of road authorities to manage roads, the duties of 15 infrastructure managers which install and maintain infrastructure on roads and the duties of works managers which carry out works on roads; (h) confers adequate operational powers and 20 imposes corresponding accountability on road authorities in relation to the management of roads; (i) enables Codes of Practice to be made that give practical guidance in relation to the 25 exercise of these powers, functions and duties; (j) clarifies the law relating to civil liability for the management of public roads and other roads; 30 (k) provides for the protection of roads against damage and interference. 17 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 1--Preliminary s. 5 5. Interpretation and application of Act (1) Subject to this section, if there is an inconsistency Victorian Legislation and Parliamentary Documents between this Act and any other Act in relation to the performance of a road management function, 5 the provisions of this Act prevail. (2) If a road authority is a municipal council, the provisions of Division 2 of Part 9 and Schedules 1, 10 and 11 of the Local Government Act 1989 apply and are to be construed for the 10 purposes of this Act as if those provisions formed part of this Act. (3) If the road authority is VicRoads, the provisions of the Transport Act 1983 relating to VicRoads are to be construed as being in addition to and not 15 in derogation from the provisions of this Act. (4) This Act applies to infrastructure managers and works managers in relation to the installation of non-road infrastructure on roads despite the provisions of any other Act or law to the contrary. 20 (5) The Building Act 1993 does not apply to, or in respect of, any infrastructure or structure on, over or under, land or a stratum that forms part of a road unless the infrastructure or structure-- (a) is installed or constructed on adjacent land 25 and extends over, onto or under the road; or (b) is a building on an ancillary area or roadside. Examples The Building Act 1993 does not apply to structures such as bridges, culverts and tunnels that form part of the road itself. 30 The Building Act 1993 does apply to structures such as a hotel balcony or a shop verandah that extends over a footpath, a building that straddles a road or that is beneath an elevated road or bridge or above a road tunnel. The Building Act 1993 does apply to structures such as a 35 toilet block, bus shelter, shed or control booth on a roadside area or on an ancillary area. 18 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 1--Preliminary s. 5 (6) This Act does not affect the application to any roadside area of any other Act or law relating to the management of land. Victorian Legislation and Parliamentary Documents Example 5 Section 20(2) of the Catchment and Land Protection Act 1994 which provides that a land owner must take all reasonable steps to prevent the spread of regionally controlled weeds and established pest animals on a roadside that adjoins the land owner's land is not affected by this Act. 10 (7) This Act is subject to the Melbourne City Link Act 1995, the Agreement, the Extension Agreement and the Integration and Facilitation Agreement. (8) The Link corporation, the Extension corporation 15 or the Link operator, the Extension operator, their delegates or any lessee within the meaning of the Melbourne City Link Act 1995 must not exercise any power under this Act in a manner that is not consistent with the Melbourne City 20 Link Act 1995, the Agreement, the Extension Agreement or the Integration and Facilitation Agreement. (9) This Act is not intended to affect native title rights and interests. 25 (10) This Act does not limit the operation of-- (a) section 37A of the Transport Act 1983; or (b) section 245B of the Transport Act 1983 as proposed to be inserted in that Act by section 4 of the Transport (Highway Rule) 30 Act 2002. 19 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 1--Preliminary s. 6 6. Crown to be bound This Act binds the Crown, not only in right of Victorian Legislation and Parliamentary Documents Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other 5 capacities. __________________ 20 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 2--Rights of Road Users s. 7 PART 2--RIGHTS OF ROAD USERS Victorian Legislation and Parliamentary Documents 7. Purpose of Part The purpose of this Part is to confer specified rights which are legally enforceable on members 5 of the public using roads. 8. Right of passage (1) A member of the public is individually entitled as of right to pass along a road. (2) Members of the public are generally entitled as of 10 right to pass along a road. (3) The rights conferred by this section extend to a member of the public using any means of public transport along a road. (4) The rights conferred by this section do not 15 derogate from any right of passage conferred by the common law. (5) Rights of passage conferred by this section or at common law are subject to any restrictions, limitations or conditions which may be specified 20 by or under this Act or any other Act or law. 9. Rights of owners and occupiers of adjoining land (1) An owner or occupier of any land which adjoins a road is entitled as of right to access the road from that land. 25 (2) Rights of access conferred by this section or at common law are subject to any restrictions, limitations or conditions which may be specified by or under this Act or any other Act or law. 21 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 2--Rights of Road Users s. 10 10. Rights of the public in relation to a public highway The rights of the public whether under this Act or Victorian Legislation and Parliamentary Documents at common law in relation to a public highway can only be extinguished if the public highway is 5 discontinued as a road in accordance with section 12 or discontinued as a road or permanently closed as a road under a power to discontinue or permanently close a road conferred by or under any other Act. 10 Note: See clauses 1, 2 and 14 of Schedule 5 as to the vesting of roads and the prevention of adverse possession or easements by long user in roads. __________________ 22 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 3--The Road System s. 11 PART 3--THE ROAD SYSTEM Victorian Legislation and Parliamentary Documents Division 1--Roads 11. Power to declare and name a road (1) A road authority may by notice published in the 5 Government Gazette declare a road under this Act over-- (a) any land owned by the road authority; or (b) subject to sub-section (2), any land managed by the road authority. 10 (2) If the land managed by the road authority is-- (a) land reserved under the Crown Land (Reserves) Act 1978, the road authority must obtain the written consent of the Minister administering that Act; 15 (b) land administered under the Forests Act 1958, the road authority must obtain the written consent of the Minister administering that Act; (c) land administered under the National Parks 20 Act 1975, the road authority must obtain the written consent of the Minister administering that Act; (d) freehold land owned by a public authority or any other person, the road authority must 25 obtain the written consent of the public authority or other person; (e) unreserved Crown land, the road authority must obtain the written consent of the Minister administering the Land Act 1958. 30 (3) Land declared to be a road under sub-section (1) becomes a road from the date of publication of the notice or a later date specified in the notice. 23 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 3--The Road System s. 11 (4) A road declared under this section is dedicated to the public as a public highway within the meaning of the common law or any Act. Victorian Legislation and Parliamentary Documents (5) If VicRoads declares a road under sub-section (1), 5 VicRoads must also make a declaration under section 14(1)(a) or 14(1)(b). (6) If a State road authority other than VicRoads declares a road under sub-section (1), the road is a non-arterial State road. 10 (7) If a road authority which is a municipal council declares a road under sub-section (1), the road is a municipal road. (8) The relevant coordinating road authority may by notice published in the Government Gazette name 15 or change the name of a road. (9) The relevant coordinating road authority must in exercising a power under sub-section (8)-- (a) act in accordance with the guidelines in force for the time being under the Geographic 20 Place Names Act 1998; and (b) advise the Registrar under that Act of the action it has taken under sub-section (8). (10) If a road authority-- (a) declares a road; or 25 (b) names or changes the name of a road; or (c) creates or discontinues a road-- the road authority must inform the Secretary to the Department of Sustainability and Environment or a person nominated in a notice published in the 30 Government Gazette for the purposes of this section by the Secretary to the Department of Sustainability and Environment. 24 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 3--The Road System s. 12 (11) This section is to be construed as being in addition to, and not in derogation from, any other manner in which land may be dedicated as a public Victorian Legislation and Parliamentary Documents highway by or under any other Act or the common 5 law. (12) A notice under this section is not a subordinate instrument for the purposes of the Interpretation of Legislation Act 1984. 12. Discontinuance of roads 10 (1) A road can be discontinued in accordance with this section. (2) The relevant coordinating road authority may in accordance with this section discontinue a road, or part of a road, by a notice published in the 15 Government Gazette. (3) If a road is discontinued and the land is not Crown land, the land vests in the coordinating road authority. (4) Subject to sub-section (11), the coordinating road 20 authority must-- (a) publish a public notice stating that submissions in respect of the proposed discontinuance of the road specified in the public notice will be considered in 25 accordance with this section; and (b) give a copy of the public notice to each infrastructure manager which is responsible for any infrastructure, of which the coordinating road authority is aware, 30 installed in, on, under or over the road. (5) The coordinating road authority must consider any written submission which is received by the coordinating road authority within 28 days after the publication of the public notice under sub- 35 section (4). 25 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 3--The Road System s. 12 (6) Any person who has made a written submission to the coordinating road authority and requested that the person be heard in support of the written Victorian Legislation and Parliamentary Documents submission is entitled to appear in person or by a 5 person acting on behalf of that person at a meeting with the coordinating road authority. (7) The coordinating road authority must-- (a) fix the day, time and place of the meeting for the purpose of sub-section (6); and 10 (b) give reasonable notice of the day, time and place of that meeting to every person who has lodged a separate submission and in the case of a submission lodged on behalf of a number of persons, to the person specified in 15 the submission as the person to whom notice is to be given. (8) The coordinating road authority must take into consideration all the submissions made under this section. 20 (9) If sub-section (4)(b) applies, the coordinating road authority must have regard to the works and infrastructure management principles. (10) After the coordinating road authority has made a decision, the coordinating road authority must 25 notify in writing-- (a) every person who has lodged a separate submission; and (b) in the case of a submission lodged on behalf of a number of persons, to the person 30 specified in the submission as the person to whom notice is to be given-- of the decision and the reasons for the decision. 26 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 3--The Road System s. 13 (11) Sub-sections (4) to (10) do not apply in respect of a proposed discontinuance if an exemption-- Victorian Legislation and Parliamentary Documents (a) specified by the regulations applies; or (b) is given by the relevant road Minister by a 5 notice published in the Government Gazette which specifies the specific proposed discontinuance or which specifies a class of cases which includes the proposed discontinuance. 10 13. Power to fix boundary of road (1) The coordinating road authority may fix the boundary of a road by a notice published in the Government Gazette. (2) Sub-sections (3) and (4) do not apply to VicRoads 15 if the land affected by the fixing of the boundary is freehold land owned by VicRoads. (3) If the road is vested in the Crown, or a body representing the Crown, a coordinating road authority may only exercise this power after it has 20 obtained the approval of the Surveyor-General after he or she has consulted the Surveyor and Chief Draughtsman in the Office of Titles. (4) In the case of any other road, a coordinating road authority may only exercise this power after it has 25 obtained the approval of the Surveyor and Chief Draughtsman in the Office of Titles. (5) If a coordinating road authority fixes the boundary of a road under this section, the land affected by the fixing of the boundary becomes part of the 30 road without the need for a declaration. (6) The fixing of a boundary under this section may be included in the notice in which the declaration under section 11 is made. 27 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 3--The Road System s. 14 (7) A notice under this section is not a subordinate instrument for the purposes of the Interpretation of Legislation Act 1984. Victorian Legislation and Parliamentary Documents 14. Power of VicRoads to make declarations in respect 5 of roads (1) VicRoads may by a notice published in the Government Gazette-- (a) declare a road to be a freeway or an arterial road; or 10 (b) declare a road to be a non-arterial State road or a municipal road; or (c) revoke a declaration under this section. (2) A declaration under this section-- (a) may be included in the notice in which the 15 declaration under section 11 is made; and (b) may fix the boundaries of the road in accordance with section 13. (3) For the purposes of sub-section (1)(a), VicRoads must consider if the road-- 20 (a) provides a principal route for the movement of people and goods-- (i) between major regions of the State; or (ii) between major centres of population or between major metropolitan activity 25 centres; or (iii) to major transport terminals; or (iv) across or around cities; or (b) is a major route for public transport services; or 30 (c) has State-wide economic or tourism significance; or 28 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 3--The Road System s. 14 (d) provides necessary connections between arterial roads. Victorian Legislation and Parliamentary Documents (4) Subject to sub-section (6), VicRoads must give a notice in accordance with sub-section (5) to-- 5 (a) each municipal council in whose municipal district the road is situated; (b) if the relevant road authority is not a municipal council, to the relevant road authority; 10 (c) each infrastructure manager that has infrastructure, of which VicRoads is aware, installed in, on, under or over the road. (5) The notice must-- (a) specify details of the proposed declaration or 15 revocation; and (b) allow at least 28 days after the day on which the notice is given for the making of a submission to VicRoads on the proposed declaration or revocation. 20 (6) If VicRoads proposes to make a declaration under this section in respect of a road on land reserved under the Crown Land (Reserves) Act 1978 or land administered under the Forests Act 1958 or the National Parks Act 1975, VicRoads must 25 consult with the Secretary to the Department of Sustainability and Environment. (7) If a municipal council or road authority is aggrieved by the decision of VicRoads after VicRoads has considered any submissions under 30 sub-section (5), the municipal council or road authority may within 21 days of being notified of the decision of VicRoads appeal to the Minister. 29 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 3--The Road System s. 15 (8) If VicRoads revokes a declaration made under this section-- Victorian Legislation and Parliamentary Documents (a) VicRoads must-- (i) make a further declaration under sub- 5 section (1) in respect of the road; or (ii) specify in the notice of revocation that the road is a non-arterial State road; or (iii) specify in the notice of revocation that the road is a municipal road; or 10 (iv) discontinue the road as a road in accordance with section 12; (b) VicRoads may specify in the notice of revocation that the road ceases to be a public road; 15 (c) VicRoads may specify in the notice of revocation that the classification of the public road has been changed to the classification stated in the notice. (9) A notice under this section is not a subordinate 20 instrument for the purposes of the Interpretation of Legislation Act 1984. 15. Arrangements between road authorities to transfer road management functions (1) A road authority may enter into an arrangement 25 with another road authority to transfer a road management function of the road authority that would otherwise apply under section 36 or 37 with respect to a road to the other road authority. (2) If a road authority has entered into an arrangement 30 under this section in respect of a public road, the road authority must include the details of the arrangement in its register of public roads. 30 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 3--The Road System s. 16 (3) While an arrangement is in force under this section, the road management functions of each road authority which is a party to the arrangement Victorian Legislation and Parliamentary Documents have effect subject to the arrangement. 5 Example Specified road management functions in respect of a section of a road or a particular piece of infrastructure may be transferred by agreement from VicRoads to a municipal council or from a municipal council to VicRoads. If this 10 occurs, the road authority to which the road management function is transferred becomes the road authority for the purposes of this Act according to the tenor of the arrangement. 16. Designated road project 15 (1) The Minister may determine that a road project is a designated road project. (2) A determination under sub-section (1) may-- (a) specify a road authority to which the designated road project is assigned; 20 (b) specify a public authority or agency which is not a road authority to which the designated road project is assigned; (c) designate a project area for the purposes of the designated road project; 25 (d) specify the period during which the determination under sub-section (1) is to operate. (3) If a road authority is specified under sub-section (2)(a), as from the date that the determination has 30 effect, the specified road authority becomes the coordinating road authority and the responsible road authority for-- (a) the designated road project; and 31 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 3--The Road System s. 16 (b) if a project area has been designated under sub-section (2)(c), any roads in the project area. Victorian Legislation and Parliamentary Documents (4) If a public authority or agency which is not a road 5 authority is specified under sub-section (2)(b), as from the date that the determination has effect, the specified public authority or agency has for the purposes of this section the road management functions of a road authority and becomes the 10 coordinating road authority and the responsible road authority for-- (a) the designated road project; and (b) if a project area has been designated under sub-section (2)(c), any roads in the project 15 area. (5) The Minister must ensure that a copy of the determination under sub-section (1)-- (a) is published in the Government Gazette; and (b) is provided to each road authority which may 20 be affected by the determination. (6) A determination under sub-section (1) has effect from the date it is published in the Government Gazette or a later date specified in the determination. 25 (7) The road authority to which a designated road project is assigned may enter into an arrangement under section 15. (8) If a determination relates to any public roads, the road authority affected by a determination under 30 this section must enter the details of the determination in the register of public roads. 32 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 3--The Road System s. 17 Division 2--Public Roads 17. What is a public road? Victorian Legislation and Parliamentary Documents (1) A road is a public road if it is-- (a) a freeway; or 5 (b) an arterial road; or (c) declared under section 204(1) of the Local Government Act 1989; or (d) declared under section 61 or 93H of the Melbourne City Link Act 1995; or 10 (e) a road to which sub-section (3) applies; or (f) a non-arterial State road declared under section 14(1); or (g) a municipal road declared under section 14(1). 15 (2) The relevant coordinating road authority for a public road specified in sub-section (1)(a), (1)(b), (1)(c), (1)(d), (1)(f) or (1)(g) must register the public road on its register of public roads. (3) Subject to section 14(7), the relevant coordinating 20 road authority must register on its register of public roads a road in respect of which the road authority has made a decision that the road is reasonably required for general public use. Example 25 A road set aside as a road in a plan of subdivision registered under the Subdivision Act 1988 is not a public road for the purposes of this Act unless and until a decision is made under sub-section (3). (4) A road authority must remove a road from its 30 register of public roads if the road authority has made a decision that the road is no longer reasonably required for general public use. 33 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 3--The Road System s. 18 (5) The removal of a public road from the register of public roads or the non-inclusion of a road on the register of public roads does not affect the status Victorian Legislation and Parliamentary Documents of the road as a public highway or affect the right 5 of public use of the public highway. 18. Ancillary areas in relation to public roads (1) Subject to sub-section (2), a coordinating road authority may designate as an ancillary area an area of land owned or managed by the 10 coordinating road authority to be maintained by a responsible road authority as ancillary to a public road. Example A scenic lookout or rest stop may be designated as an 15 ancillary area. (2) If the land managed by the coordinating road authority is-- (a) land reserved under the Crown Land (Reserves) Act 1978, the road authority 20 must obtain the written consent of the Minister administering that Act; (b) land administered under the Forests Act 1958, the road authority must obtain the written consent of the Minister administering 25 that Act; (c) land administered under the National Parks Act 1975, the road authority must obtain the written consent of the Minister administering that Act; 30 (d) freehold land owned by a public authority or any other person, the road authority must obtain the written consent of the public authority or other person; 34 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 3--The Road System s. 19 (e) unreserved Crown land, the road authority must obtain the written consent of the Minister administering the Land Act 1958. Victorian Legislation and Parliamentary Documents (3) A designation under this section must be recorded 5 in the register of public roads. 19. Register of public roads (1) A road authority must keep a register of public roads specifying the roads in respect of which it is the coordinating road authority. 10 (2) A road authority must ensure that the register of public roads specifies the details in accordance with clause 1 of Schedule 1 of the public roads in respect of which it is the coordinating road authority. 15 (3) A road authority may include in the register of public roads the details in accordance with clause 2 of Schedule 1 of the public roads in respect of which it is the coordinating road authority. 20 (4) If a public road or part of a public road is discontinued under section 12, the road authority must specify the details in the register of public roads. (5) A road authority must ensure that the register of 25 public roads is available for inspection by members of the public-- (a) free of charge; (b) during normal business hours; (c) at the place or places determined by the road 30 authority. (6) Schedule 1 has effect. __________________ 35 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 20 PART 4--MANAGEMENT OF ROADS Victorian Legislation and Parliamentary Documents Division 1--Coordination of Road Management 20. Principal object and management principles (1) The principal object of road management is to 5 ensure that a safe and efficient network of roads is provided primarily for travel and transport and that road reserves are available for other appropriate uses. (2) The following principles apply in respect of the 10 management of works and infrastructure under this Act-- (a) the minimisation of road safety hazards; (b) the avoidance or minimisation of damage or disruption to infrastructure on roads; 15 (c) the avoidance or minimisation of disruption to plans for the development of road infrastructure and non-road infrastructure; (d) the avoidance or minimisation of disruption to traffic; 20 (e) the avoidance or minimisation of disruption to the effective and efficient delivery of utility services; (f) the efficient use of resources of road authorities and infrastructure managers and 25 the minimisation of cost to the community of infrastructure and services. 21. Ministers may require information or advice The Minister or any relevant road Minister may require information or advice from a road 30 authority which the Minister or relevant road Minister requires for the purposes of the administration of this Act. 36 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 22 22. Power of Ministers to give directions (1) If the Minister or a relevant road Minister Victorian Legislation and Parliamentary Documents considers it in the public interest to do so, the Minister or relevant road Minister may, after 5 complying with sub-section (2), direct a road authority-- (a) to perform a function or exercise a power of the road authority under this Act; or (b) to perform a function or exercise a power of 10 the road authority under this Act in the manner or subject to the conditions specified in the direction; or (c) not to perform a function or exercise a power of the road authority under this Act. 15 (2) The Minister or the relevant road Minister must before making a direction give the road authority the opportunity to comment on the proposed direction. (3) A direction-- 20 (a) must be in writing; (b) may include conditions; (c) may specify the case, class of case, period of time or other circumstance in which the direction is to apply. 25 (4) A road authority must publish a copy or summary of any direction in its annual report. (5) A road authority must give effect to a direction under this section. 37 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 23 23. Power of Governor in Council to give exemption (1) The Governor in Council may by Order in Victorian Legislation and Parliamentary Documents Council published in the Government Gazette exempt from the operation of this Act or of 5 specified provisions of this Act, a person, project, activity, matter or thing or class of person, project, activity, matter or thing specified in the Order in Council. (2) An Order in Council under this section-- 10 (a) may specify terms and conditions to which the exemption is subject; (b) may specify the period of time during which the exemption is in force; (c) has effect from the date that it is published in 15 the Government Gazette or any later date specified in the Order in Council. (3) On or before the 6th sitting day an Order in Council made under this section is published in the Government Gazette, the Minister must ensure 20 that a copy of the Order in Council is laid before each House of the Parliament. (4) A failure to comply with sub-section (3) does not affect the operation or effect of the Order in Council but the Scrutiny of Acts and Regulations 25 Committee of the Parliament may report the failure to each House of the Parliament. (5) An Order in Council made under this section may be disallowed in whole or in part by either House of Parliament. 30 (6) Part 5 of the Subordinate Legislation Act 1994 applies to an Order made under this section as if-- (a) a reference in that Part to a "statutory rule" were a reference to the Order; and 38 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 24 (b) a reference in section 23(1)(c) of that Part to "section 15(1)" were a reference to sub- section (3). Victorian Legislation and Parliamentary Documents 24. Purposes of Codes of Practice 5 (1) The main purposes of Codes of Practice are to provide practical guidance-- (a) by setting out benchmarks of good practice in relation to the performance of road management functions by road authorities 10 and the conduct of works managers, infrastructure managers and providers of public transport; (b) by clarifying or determining how the operational responsibility for different parts 15 or elements of a road reserve is to be allocated between road authorities; (c) to road authorities in determining how to allocate resources, develop policies, set priorities and make road management plans; 20 (d) in relation to the matters specified in section 25. (2) A Code of Practice which relates to infrastructure and works on roads must give effect to the works and infrastructure management principles. 25 (3) A Code of Practice may establish principles giving practical guidance for determining-- (a) the boundary between a "roadway", "pathway", "roadside" or "shoulder" in any particular case; 30 (b) which road authority is responsible for road related infrastructure. 39 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 25 (4) A Code of Practice cannot-- (a) impose a duty on any person; or Victorian Legislation and Parliamentary Documents (b) direct how any matter or thing is to be done; or 5 (c) create an enforceable legal right; or (d) impose any liability or penalty. 25. What can a Code of Practice include? (1) A Code of Practice may contain any matter or thing which gives guidance to a road authority, 10 infrastructure manager or works manager for the purposes of this Act in relation to-- (a) the performance of road management functions; (b) the standards which may be adopted or 15 developed; (c) the conduct of works under this Act or section 99A of the Road Safety Act 1986; (d) the interchange and storage of road information. 20 (2) Without limiting the generality of sub-section (1), a Code of Practice may provide for any matter or thing which gives guidance-- (a) to a road authority in planning and managing risk identification and inspection functions; 25 (b) to a road authority in planning and managing routine maintenance and repair functions, including-- (i) consideration and prioritisation of tasks; 30 (ii) routine maintenance programs; (iii) measures to reduce the risk of accidents until repairs are completed; 40 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 25 (c) to a road authority in planning and managing the development and implementation of a road management plan, including-- Victorian Legislation and Parliamentary Documents (i) contents of a road management plan; 5 (ii) considerations to be taken into account in developing a road management plan; (iii) consultation with infrastructure managers, works managers, providers of public transport, the local 10 community and members of the public; (iv) monitoring the implementation of a road management plan; (v) periodic review and revision of a road management plan; 15 (d) to a road authority, infrastructure manager, works manager or provider of public transport in planning and managing responsibilities relating to-- (i) the manner in which works on roads 20 should be carried out; (ii) situations that would constitute an emergency situation in which works could be carried out without the prior consent of the coordinating road 25 authority; (iii) good engineering practice or relevant industry standards in relation to a specified type of infrastructure or works; 30 (iv) consultation processes to facilitate consultation between road authorities, infrastructure managers, works managers and providers of public transport and with persons who may be 35 affected by proposed works; 41 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 26 (v) processes for consultation and exchanging information, including information about forward works Victorian Legislation and Parliamentary Documents programs and the coordination of works 5 on infrastructure; (e) to a coordinating road authority, as to the manner in which functions should be coordinated and the process for the giving or withholding of consent to proposed 10 infrastructure or works and determining appropriate conditions subject to which the consent may be given. 26. Power to apply, adopt or incorporate (1) A Code of Practice may apply, adopt or 15 incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether-- (a) wholly or partially or as amended by the 20 Code of Practice; or (b) as formulated, issued, prescribed or published at the time the Code of Practice is made or at any time before then; or (c) as formulated, issued, prescribed or 25 published from time to time. (2) If a Code of Practice has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or 30 published from time to time and that document, code, standard, rule, specification or method is at any time amended, until the Minister causes notice to be published in the Government Gazette of that amendment, the document, code, standard, 35 rule, specification or method is to be taken not to have been so amended. 42 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 27 (3) Without limiting the generality of sub-section (1), a Code of Practice may apply, adopt or incorporate by reference any benchmarks, Victorian Legislation and Parliamentary Documents standards or technical references. 5 27. Codes of Practice as evidence (1) A Code of Practice is admissible in evidence in any proceedings to which this Act or section 99A of the Road Safety Act 1986 applies. (2) For the purposes of proceedings to which this Act 10 or section 99A of the Road Safety Act 1986 applies-- (a) evidence that a road authority, infrastructure manager or works manager has complied with a Code of Practice is admissible 15 evidence that the road authority, infrastructure manager or works manager has complied with the relevant duty in respect of which the Code of Practice applies; (b) evidence that a road authority, infrastructure 20 manager or works manager has not complied with a Code of Practice is admissible evidence that the road authority, infrastructure manager or works manager has not complied with the relevant duty in 25 respect of which the Code of Practice applies; (c) evidence that the making of a policy, adoption of a standard or the performance or non-performance of a specific function by a 30 road authority, infrastructure manager or works manager was consistent with a Code of Practice is admissible evidence that the making of the policy, adoption of the standard or the performance or non- 35 performance of the specific function was not unreasonable; 43 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 27 (d) evidence that the making of a policy, adoption of a standard or the performance or non-performance of a specific function by a Victorian Legislation and Parliamentary Documents road authority, infrastructure manager or 5 works manager was inconsistent with a Code of Practice is admissible evidence that the making of the policy, adoption of the standard or the performance or non- performance of the specific function may be 10 unreasonable; (e) evidence that the decision to give or withhold consent by a road authority, being a decision of a type to which section 25(2)(e) applies, conforms with a Code of Practice is 15 admissible evidence that the decision is a reasonable decision; (f) evidence that the decision to give or withhold consent by a road authority, being a decision of a type to which section 25(2)(e) 20 applies, does not conform with a Code of Practice is admissible evidence that the decision is not a reasonable decision; (g) evidence that a condition imposed by a road authority, being a condition of a type to 25 which section 25(2)(e) applies, or that a requirement to rectify works under clause 19 of Schedule 7, conforms with a Code of Practice is admissible evidence that the condition is a reasonable condition or that 30 the requirement is a reasonable requirement; 44 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 28 (h) evidence that a condition imposed by a road authority, being a condition of a type to which section 25(2)(e) applies, or that a Victorian Legislation and Parliamentary Documents requirement to rectify works under clause 19 5 of Schedule 7, does not conform with a Code of Practice is admissible evidence that the condition is not a reasonable condition or that the requirement is not a reasonable requirement. 10 (3) If in relation to any matter arising in any proceedings to which this Act or section 99A of the Road Safety Act 1986 applies, a Code of Practice applies, adopts or incorporates by reference any relevant benchmarks, standards or 15 technical references, the Code of Practice is admissible in the proceedings as evidence of greater weight than other expert or documentary evidence which may be led in the proceedings in relation to that matter. 20 28. Making of Codes of Practice (1) Subject to this section, the Minister may make a Code of Practice for a road authority or a class of road authorities specified in the Code of Practice. (2) Before the Minister makes a Code of Practice, the 25 Minister must consult with the relevant road Ministers. (3) Before the Minister makes a Code of Practice which includes any matter or thing relating to utility infrastructure or related works, the Minister 30 must consult with the relevant utility Ministers and with the Utilities' Infrastructure Reference Panel. (4) Before the Minister makes a Code of Practice which is for all road authorities which are 35 municipal councils, the Minister must consult with the Municipal Association of Victoria. 45 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 29 29. Availability of Codes of Practice (1) Upon the making of a Code of Practice, the Victorian Legislation and Parliamentary Documents Minister must cause-- (a) a copy of the Code of Practice; and 5 (b) a notice specifying-- (i) the date of commencement of the Code of Practice; and (ii) the place where copies of the Code of Practice may be obtained-- 10 to be published in the Government Gazette. (2) There must be published with a notice under sub- section (1) or a notice of an amendment under section 26(2), a notice stating that the Code of Practice, any incorporated document or any 15 amendment to an incorporated document, as the case may be, may be inspected at the office of the road authority specified in the notice. (3) A Code of Practice or a provision of a Code of Practice comes into operation at the beginning of 20 the day specified in the notice under sub- section (1) which must be a day that is later than the day on which the Government Gazette is published. 30. Tabling and disallowance 25 (1) On or before the 6th sitting day after notice of the making of a Code of Practice is published in the Government Gazette, the Minister must ensure that a copy of the Code of Practice is laid before each House of the Parliament. 30 (2) A failure to comply with sub-section (1) does not affect the operation or effect of the Code of Practice but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of the Parliament. 46 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 31 (3) A Code of Practice may be disallowed in whole or in part by either House of Parliament. Victorian Legislation and Parliamentary Documents (4) Part 5 of the Subordinate Legislation Act 1994 applies to a Code of Practice as if-- 5 (a) a reference in that Part to a "statutory rule" were a reference to the Code of Practice; and (b) a reference in section 23(1)(c) of that Part to "section 15(1)" were a reference to sub- section (1). 10 (5) A reference to a Code of Practice in this section includes a reference to any amendment to a Code of Practice. 31. Utilities' Infrastructure Reference Panel (1) There is established a Utilities' Infrastructure 15 Reference Panel. (2) The Utilities' Infrastructure Reference Panel consists of 15 members appointed by the Minister of whom-- (a) one is a nominee of the Minister 20 administering the Transport Act 1983; (b) one is the Chief Executive of VicRoads or a nominee of the Chief Executive of VicRoads; (c) one is the President of the Municipal 25 Association of Victoria or a nominee of the President of the Municipal Association of Victoria; (d) one is a person selected by the Minister administering the Transport Act 1983 as a 30 representative of road users; (e) one is a nominee of the Minister administering the Local Government Act 1989; 47 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 31 (f) one is a nominee of the Minister administering the Electricity Industry Act 2000; Victorian Legislation and Parliamentary Documents (g) one is a nominee of the Minister 5 administering the Electricity Safety Act 1998; (h) one is a nominee of the Minister administering the Gas Industry Act 2001; (i) one is a nominee of the Minister 10 administering the Gas Safety Act 1997; (j) one is a nominee of the Minister administering the Pipelines Act 1967; (k) one is a nominee of the Minister administering the Rail Corporations Act 15 1996; (l) one is a nominee of the Minister administering the Water Industry Act 1994; (m) one is a nominee of the Minister for 20 Information and Communication Technology, in relation to any person or body providing a service under the authority of the Telecommunications Act 1997 of the Commonwealth; 25 (n) one is the person who is the Department Head of the Department of Sustainability and Environment or his or her nominee; (o) one is the Chairperson of the Essential Services Commission established under the 30 Essential Services Commission Act 2001 or his or her nominee. 48 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 32 (3) The person appointed under sub-section (2)(a) is the Chairperson of the Utilities' Infrastructure Reference Panel. Victorian Legislation and Parliamentary Documents (4) The Minister may determine-- 5 (a) the term of the appointment of a member, being the period not exceeding 2 years specified in the instrument of appointment; (b) any remuneration and travelling and other allowances payable to a member; 10 (c) any other terms and conditions of appointment of the member. (5) The Utilities' Infrastructure Reference Panel may regulate its own procedure. 32. Functions of the Utilities' Infrastructure Reference 15 Panel The functions of the Utilities' Infrastructure Reference Panel are-- (a) to provide advice to the Government of Victoria on the effective coordination of the 20 use of road reserves by utilities consistent with the principal object of road management; (b) to act as the vehicle for consultation with, and obtaining advice from, relevant 25 stakeholders, including utilities and community organisations, in relation to their use of road reserves; (c) to provide information and advice to the Minister in relation to the making of Codes 30 of Practice dealing with matters under Schedule 7 and whether proposed Codes of Practice are consistent with the works and infrastructure management principles; 49 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 33 (d) to provide information and advice to the Minister in relation to the making of regulations dealing with matters under Victorian Legislation and Parliamentary Documents Schedule 7 and whether proposed regulations 5 are consistent with the works and infrastructure management principles; (e) to provide advice on any other matter referred to the Utilities' Infrastructure Reference Panel by the Minister. 10 Division 2--General Functions and Powers of Road Authorities 33. Role of a road authority A road authority must in performing road management functions have regard to the 15 principal object of road management and the works and infrastructure management principles. 34. General functions (1) A road authority has the following general functions-- 20 (a) to provide and maintain, as part of a network of roads, roads for use by the community served by the road authority; (b) to manage the use of roads having regard to the principle that the primary purpose of a 25 road is to be used by members of the public and that other uses are to be managed in a manner which minimises any adverse effect on the safe and efficient operation of the road and on the environment; 30 (c) to manage traffic on roads in a manner that enhances the safe and efficient operation of roads; 50 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 35 (d) to coordinate the installation of infrastructure on roads and the conduct of other works in such a way as to minimise, as far as is Victorian Legislation and Parliamentary Documents reasonably practicable, adverse impacts on 5 the provision of utility services; (e) to undertake works and activities which promote the functions referred to in paragraphs (a), (b) and (c) and to undertake activities which promote the function in 10 paragraph (d). (2) The general functions conferred on a road authority under sub-section (1) are not to be construed as limiting any other functions conferred on a road authority by or under this Act 15 or any other Act. (3) In seeking to achieve its functions, a road authority should-- (a) consult with the community and disseminate information in relation to the exercise of 20 those functions; (b) take steps as are reasonably practicable to ensure the structural integrity and safety of public roads in accordance with this Act. 35. Powers of a road authority 25 (1) Subject to this Act, a road authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under this Act. (2) The generality of sub-section (1) is not limited by 30 the conferring of specific powers on a road authority by or under this Act or any other Act. (3) Schedules 1 to 7 do not limit the functions or powers conferred on a road authority by or under this Act or any other Act. 51 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 36 (4) If a road authority has specific powers under any other Act, this section-- Victorian Legislation and Parliamentary Documents (a) is to be construed as being in addition to those powers; and 5 (b) is not to be construed as overriding any requirements, restrictions, limitations or conditions to which the specific powers are subject. Note: If a road authority is a municipal council it has the 10 powers specified in Division 2 of Part 9 and Schedules 1, 10 and 11 of the Local Government Act 1989. 36. Which road authority is the coordinating road authority? 15 Subject to sections 15 and 16, the coordinating road authority is-- (a) if the road is a freeway or arterial road, VicRoads; (b) if the road is a non-arterial State road, the 20 relevant responsible road authority under section 37(1)(c) or 37(1)(d); (c) if the road is a municipal road, the municipal council of the municipal district in which the road or part of the road is situated. 25 37. Which road authority is the responsible road authority? (1) Subject to sections 15 and 16 and sub-section (2), the responsible road authority is-- (a) if the road is a freeway, for the whole of the 30 road reserve, VicRoads; (b) if the road is an arterial road-- (i) for the part of the roadway used by through traffic, VicRoads; and 52 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 37 (ii) for any part of the roadway not used by through traffic, the municipal council of the municipal district in which that part Victorian Legislation and Parliamentary Documents is located; and 5 (iii) for any service road, the municipal council of the municipal district in which the service road is located; and (iv) for the median strip between the roadway and the service road, the 10 municipal council of the municipal district in which the median strip is located; and (v) for any pathway, other than a pathway on a freeway road reserve, the 15 municipal council of the municipal district in which the pathway is located; and (vi) for the roadside in an urban area, the municipal council of the municipal 20 district in which the road is located; and (vii) for the roadside in an area that is not an urban area, VicRoads; and (viii) which is not located in a municipal district, the person or body specified 25 for the purposes of sub-paragraphs (ii) to (vi) by the Minister in a notice published in the Government Gazette; (c) if the road is a non-arterial State road, the person or body prescribed in respect of the 30 non-arterial State road or in respect of a class of roads in which the non-arterial State road is included; or 53 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 37 (d) if the road is a non-arterial State road and no person or body is prescribed in respect of the non-arterial State road-- Victorian Legislation and Parliamentary Documents (i) if VicRoads declares by a notice 5 published in the Government Gazette that VicRoads is the responsible road authority in respect of the non-arterial State road, VicRoads; or (ii) if the non-arterial State road is on land 10 administered under the Crown Land (Reserves) Act 1978, the Forests Act 1958, the Land Act 1958, the National Parks Act 1975 or the Alpine Resorts (Management) Act 1997, the person or 15 body specified in or in accordance with that Act in respect of the non-arterial State road; or (iii) if sub-paragraphs (i) and (ii) do not apply, the Crown; 20 (e) if the road is a municipal road, the municipal council of the municipal district in which the road or part of the road is situated; (f) if the area is an ancillary area of a road, the responsible road authority for the road of 25 which the area is an ancillary area. (2) In relation to road-related infrastructure on a road, the responsible road authority is-- (a) subject to paragraph (b), the responsible road authority for the roadway or pathway to 30 which the road-related infrastructure relates; or 54 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 38 (b) if a road authority other than the responsible road authority specified in paragraph (a) has responsibility under any other Act for the Victorian Legislation and Parliamentary Documents road-related infrastructure, that road 5 authority. Example VicRoads would be the responsible road authority for speed signs and traffic lights on an arterial road even though the speed signs are located on a roadside for which the 10 municipal council would be the responsible road authority. However, a municipal council would be the responsible road authority for a parking meter installed on the arterial road in the exercise of powers under the Local Government Act 1989. 15 (3) A Code of Practice may include guidelines relating to principles for ascertaining-- (a) which road authority is responsible where parts of a road which are allocated to different road authorities abut; and 20 (b) which matters are the responsibility of which road authority where different parts of a road are allocated to different road authorities and there are areas between those parts. (4) A declaration for the purposes of sub-section 25 (1)(d)(i) may be included in the notice under which a declaration under section 11 or 14 is made. 38. Exercise of functions and powers (1) In exercising the functions and powers conferred 30 on a road authority by or under this Act or any other Act, the road authority must have regard to-- (a) the principal object of road management; (b) the works and infrastructure management 35 principles; (c) the rights of road users; 55 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 38 (d) the need to exercise the functions and powers within its overall policy and budgetary context; Victorian Legislation and Parliamentary Documents (e) policies and priorities in relation to transport, 5 the environment and other matters determined by the Government of Victoria; (f) any relevant Code of Practice; (g) any other law affecting the management of roads; 10 (h) any roadside management plan developed to protect flora and fauna; (i) any matters arising from consultation with the community, utilities and other stakeholders. 15 (2) Without limiting the generality of the principles specified in sub-section (1), a road authority should-- (a) determine policies and priorities for the construction and maintenance of roads after 20 considering-- (i) the priorities and social and economic needs of the community and of road users and the special needs of any sector of the community and, in the 25 case of VicRoads, also the needs of the national and State road networks; (ii) any relevant environmental, economic, social or financial policies or objectives determined by the Government of 30 Victoria; (iii) the volume and nature of road usage; 56 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 38 (b) manage its road network in cooperation with other road authorities, utilities, providers of public transport, government agencies, Victorian Legislation and Parliamentary Documents community organisations and the private 5 sector; (c) seek to ensure-- (i) the efficient and effective management and use of the road network and infrastructure to meet the needs of the 10 community and road users; (ii) the most efficient use of the resources available for road management; (iii) that the public road network and infrastructure are as safe for users as is 15 reasonably practicable; (d) in the case of a coordinating road authority, coordinate the development and use of the road reserve generally, including the carrying out of works and the installation of 20 infrastructure on roads so as to-- (i) ensure the safety of road users and the community; (ii) minimise disruption and inconvenience to road users; 25 (iii) protect the environment; (iv) protect the physical integrity of the road and infrastructure in the road reserve; (e) facilitate the appropriate use of the road reserve for non-road infrastructure and the 30 effective and efficient delivery of utility services. 57 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 39 39. Road authority may make a policy or policy decision relating to road management functions Victorian Legislation and Parliamentary Documents (1) Without limiting the decision making processes of a road authority, a road authority may make a 5 policy or policy decision relating to the performance of a road management function. (2) For the purposes of this Act, a decision made by a road authority is a policy decision if having regard to the broad range of activities of the road 10 authority the decision is based substantially on factors or constraints which are financial, economic, political, social or environmental. (3) Without limiting the generality of sub-section (2), a policy decision includes decisions about-- 15 (a) the circumstances in which a road management function is to be performed; (b) the manner in which a road management function is to be performed; (c) the standard to be achieved in performing a 20 road management function. (4) A road authority is to be taken to have made a policy or policy decision relating to a road management function if the road authority has made a road management plan that includes 25 provisions relating to the performance of that road management function. (5) For the purposes of any proceedings, unless a policy or policy decision made by a road authority is so unreasonable that no road authority in that 30 road authority's position acting reasonably could have made that policy or policy decision, any decision or standard which is a policy or policy decision relating to the exercise of a road management function by the road authority is to 35 be taken to satisfy the statutory duty and any 58 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 40 common law duty of the road authority in relation to the exercise of that road management function. Victorian Legislation and Parliamentary Documents Note: Section 27 enables a relevant Code of Practice to be used as evidence of the reasonableness of a road 5 management plan. (6) For the avoidance of doubt, the power of a road authority to make a policy or policy decision is subject to any direction given to the road authority by the relevant road Minister in accordance with 10 section 22. Division 3--Specific Powers and Duties of Road Authorities 40. Statutory duty to inspect, maintain and repair public roads (1) Subject to Part 6, a road authority has a statutory 15 duty to inspect, maintain and repair a public road-- (a) to the standard specified in the road management plan for that public road or a specified class of public roads which 20 includes that public road; or (b) if paragraph (a) does not apply, to the standard specified in a policy in respect of that public road; or (c) if no standard is specified for that public 25 road or in relation to a particular matter, to a reasonable level having regard to the matters specified in paragraphs (a) to (e) of section 101. Note: Section 101 sets out principles for determining 30 whether there is a duty of care and if there is a duty of care, the standard of care. (2) The statutory duty imposed by sub-section (1) does not create a duty to upgrade a road or to maintain a road to a higher standard than the 35 standard to which the road is constructed. 59 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 40 (3) The statutory duty to inspect applies to any part of a public road which is-- Victorian Legislation and Parliamentary Documents (a) a roadway; (b) a pathway; 5 (c) a shoulder; (d) road infrastructure. (4) The statutory duty to inspect does not apply to-- (a) a road which is not a public road; or (b) any roadside or other area of a public road 10 that has not been developed by a road authority for use by the public as a roadway or pathway; or (c) non-road infrastructure which is installed in the road reserve. 15 (5) A road authority has a discretionary power to inspect, maintain or repair a road which is not a public road but this Act is not to be construed as imposing a duty to do so. Example 20 A road authority has a duty to maintain its roadways and pathways on a public road for use by vehicles and pedestrians. However, a road authority is not under a duty to maintain roadside bushland for public use and is not responsible for maintaining non-road related infrastructure 25 such as poles, cables and pipes which are the responsibility of the relevant utility or infrastructure manager. Note 1: A road authority may have a duty under other Acts in relation to the management of land in the road reserve. See also section 5(6). 30 Note 2: See clause 6 of Schedule 7 as to the maintenance of non-road infrastructure. 60 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 41 41. Power to determine standard of construction, inspection, maintenance and repair Victorian Legislation and Parliamentary Documents (1) The relevant road authority may determine the standard to which the relevant road authority will 5 construct, inspect, maintain and repair roadways, pathways, road infrastructure and road related infrastructure. (2) Without limiting the generality of this section, the relevant road authority may determine-- 10 (a) in relation to construction, the nature of the construction of any roadway, pathway, road infrastructure or road related infrastructure; (b) in relation to inspection, the inspection of specified matters at specified intervals; 15 (c) in relation to maintenance-- (i) the maintenance programs; (ii) the maintenance work to be performed in the course of regular maintenance; (iii) the standard to which the maintenance 20 is to be performed; (d) in relation to the repair of defects reported or found on inspection-- (i) the matters which are to be treated as defects which require repair or a 25 warning; (ii) the circumstances in which intervention action is to be taken with respect to repair needs for defects; (iii) the type of intervention action to be 30 taken; (iv) the period of time within which the intervention action is to be taken; 61 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 41 (v) the priority to be given to the intervention action. Victorian Legislation and Parliamentary Documents (3) For the purposes of sub-section (2), "intervention action" includes any action to conduct repairs, 5 erect warning signs or reduce or remove a risk. (4) In determining standards under this section, a relevant road authority must have regard to-- (a) the principal object of road management; and (b) the works and infrastructure management 10 principles; and (c) any relevant direction made under section 22; and (d) any relevant Code of Practice; and (e) any relevant policy or policy decision under 15 section 39. Examples The relevant road authority may determine that a road is to be constructed-- � with an unmade roadway or a sealed roadway; � 20 if sealed, with a seal of a particular thickness or quality; � with sealed shoulders or unsealed shoulders; � with kerbs or drains or without kerbs and drains; � with or without pathways for pedestrians or cyclists. 25 The relevant road authority may determine for the purposes of its duty to maintain public roads that-- � a particular class of roadway is to be inspected for potholes at specified intervals; � footpaths are to be inspected for cracks at specified 30 intervals; � a defect such as a crack in a footpath is to be repaired if it reaches a particular size; 62 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 42 � a schedule be developed of priorities and targets for intervention action having regard to the relative risks of defects of various kinds and in various locations. Victorian Legislation and Parliamentary Documents Note: Codes of Practice under this Act may give practical 5 guidance about the exercise of these powers. (5) A standard determined under this section may be determined-- (a) as a policy or policy decision under section 39; 10 (b) in a road management plan. 42. Declaration of a public road as a controlled access road (1) A co-ordinating road authority may by notice published in the Government Gazette declare-- 15 (a) a part or all of a public road for which it is responsible to be a controlled access road; or (b) a part or all of a class of public road for which it is responsible to be controlled access roads. 20 (2) A co-ordinating road authority may by notice published in the Government Gazette amend or revoke a declaration under sub-section (1). (3) Schedule 2 has effect. 43. Specific road construction, repair and maintenance 25 powers of State road authorities (1) Without limiting any other powers of a State road authority, the powers include the specific road construction, repair and maintenance powers set out in Schedule 3. 30 (2) Schedule 3 has effect. 63 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 44 44. Specific traffic management powers of State road authorities Victorian Legislation and Parliamentary Documents (1) Subject to the Road Safety Act 1986 and any regulations made under that Act, but without 5 limiting any other powers of a State road authority, the powers include the specific traffic management powers set out in Schedule 4. (2) Schedule 4 has effect. Example 10 A State road authority, other than VicRoads, must obtain the consent of VicRoads before exercising a power under Schedule 4 which if exercised under a regulation made under the Road Safety Act 1986 in respect of a major traffic control item would require the consent of VicRoads. 15 45. Specific road property provisions, powers and duties (1) Without limiting any other powers or duties of a State road authority, the powers and duties include the specific road property powers and duties set 20 out in Schedule 5. (2) Schedule 5 has effect. 46. Specific protection of roads and adjoining land powers of State road authorities (1) Without limiting any other powers of a State road 25 authority, the powers include the specific powers with respect to protection of roads and adjoining land set out in Schedule 6. (2) Schedule 6 has effect. Division 4--Infrastructure and Works on Roads 30 47. Purpose of Division The purpose of this Division is to give effect to the works and infrastructure management principles. 64 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 48 48. Specific duties and powers in relation to infrastructure and works on roads Victorian Legislation and Parliamentary Documents (1) Without affecting any other duties, an infrastructure manager or works manager has the 5 duties set out in Part 1 of Schedule 7. (2) The duties set out in Part 1 of Schedule 7 apply to a person who is responsible for a non-road activity to which section 99B of the Road Safety Act 1986 applies in relation to the use of the road for 10 the event as if the person were a works manager. (3) Without limiting any other powers of a coordinating road authority, a coordinating road authority has the powers set out in Part 2 of Schedule 7. 15 (4) A relevant responsible road authority must comply with the requirements of the coordinating road authority made in the exercise of the powers set out in Part 2 of Schedule 7. (5) Schedule 7 has effect. 20 Division 5--Road Management Plans 49. The making of a road management plan is voluntary A road authority may develop and publish a road management plan in accordance with this 25 Division. 50. Purposes of a road management plan The purposes of a road management plan are having regard to the principal object of road management and the works and infrastructure 30 management principles-- (a) to establish a management system for the road management functions of a road authority which is based on policy and 65 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 51 operational objectives and available resources; and Victorian Legislation and Parliamentary Documents (b) to set the relevant standard in relation to the discharge of duties in the performance of 5 those road management functions. 51. Standards may be included in a road management plan Subject to section 39 but without limiting section 41, a road authority may determine 10 standards by incorporating the standards in a road management plan. 52. Contents of a road management plan (1) A road management plan-- (a) may set relevant standards or policies in 15 relation to the discharge of duties in the performance of road management functions; (b) may include details of the management system that a road authority proposes to implement in the discharge of its duty to 20 inspect, maintain and repair public roads for which the road authority is the coordinating road authority or the responsible road authority; (c) may specify the relevant policies and 25 priorities adopted by the road authority; (d) must include any matters that a relevant Code of Practice specifies should be included in a road management plan. (2) A road management plan relating to the Link road 30 or the Extension road-- (a) must be consistent with the Melbourne City Link Act 1995, the Agreement, the Extension Agreement and the Integration and Facilitation Agreement; and 66 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 53 (b) must facilitate the performance of obligations and duties under the Melbourne City Link Act 1995, the Agreement, the Victorian Legislation and Parliamentary Documents Extension Agreement and the Integration and 5 Facilitation Agreement. (3) A road management plan is not a subordinate instrument for the purposes of the Interpretation of Legislation Act 1984. 53. Power to apply, adopt or incorporate 10 (1) A road management plan may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority, person or body 15 whether-- (a) wholly or partially or as amended by the road management plan; or (b) as formulated, issued, prescribed or published at the time the road management 20 plan is made or at any time before then; or (c) as formulated, issued, prescribed or published from time to time. (2) Subject to sub-section (3), if a road management plan has applied, adopted or incorporated any 25 matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or method is at any time amended, 30 until the road authority causes notice to be published in the Government Gazette of that amendment, the document, code, standard, rule, specification or method is to be taken not to have been so amended. 67 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 54 (3) Sub-section (2) does not apply in respect of the amendment of any document, code, standard, rule, specification or method which has been Victorian Legislation and Parliamentary Documents incorporated in a Code of Practice. 5 54. Procedure for making or amending a road management plan (1) Before a road authority makes or amends a road management plan, it must comply with the following procedure. 10 (2) If a road authority proposes to make a road management plan, the road authority must give a notice stating-- (a) the purpose and general purport of the proposed road management plan; 15 (b) where a copy of the proposed road management plan can be obtained or inspected; (c) that any person who is aggrieved by the proposed road management plan may make a 20 submission on the proposed road management plan to the road authority within the period specified in the notice. (3) The road authority must allow at least 28 days after the day on which a notice is given under sub- 25 section (2) for the making of submissions. (4) A notice under this section must be-- (a) published in the Government Gazette; (b) published in a daily newspaper generally circulating in the area in which the roads to 30 which the road management plan applies are situated; (c) given in any other manner prescribed for the purposes of this section. 68 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 55 (5) A road authority must in accordance with the regulations conduct a review of its road management plan at prescribed intervals. Victorian Legislation and Parliamentary Documents (6) A road authority may amend its road management 5 plan in accordance with the regulations. (7) If a road management plan is amended in accordance with sub-section (6), the road authority must incorporate the amendments into the road management plan. 10 55. Availability of road management plan (1) Upon the making of a road management plan, the road authority must cause notice of-- (a) the making of the road management plan; and 15 (b) the place where copies of the road management plan may be inspected or obtained-- to be published in the Government Gazette and in a newspaper generally circulating in the area in 20 which the roads to which the road management plan is to apply are situated. (2) There must be published with a notice under sub- section (1) or a notice of an amendment under section 53(2), a notice stating that the Code of 25 Practice, any incorporated document or any amendment to an incorporated document, as the case may be, may be inspected at the office of the road authority specified in the notice. 69 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 56 Division 6--Development Contributions 56. Development contribution Victorian Legislation and Parliamentary Documents (1) A State road authority that intends to undertake the construction of a new public road which will 5 benefit adjacent land may, by notice in writing, require the owner of the land to meet or contribute to the present day cost of the road construction. (2) If a proposal for the subdivision of land is referred to a road authority under the Planning and 10 Environment Act 1987, the State road authority may, by notice in writing, require the owner of the land to meet or contribute to the present day cost of the construction of a public road that is required because of the proposed subdivision. 15 (3) The amount of the payment required from an owner of land must be assessed by the State road authority to be fair and reasonable, taking into account the benefit to that land relative to the benefit to other land. 20 (4) The notice must specify-- (a) the amount of the payment required; and (b) how the amount of the payment was determined; and (c) the reason why the payment is required; and 25 (d) the construction work that will be provided; and (e) when the construction work will be completed; and (f) the land in relation to which payment is 30 required; and 70 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 57 (g) if payments are required in relation to a group of parcels of land, the amounts required in relation to each parcel and how Victorian Legislation and Parliamentary Documents the amounts were apportioned; and 5 (h) the right of the owner to object and apply for a review under section 57; and (i) in the case of a notice under sub-section (1), that details of the proposal are available for inspection, free of charge, at the road 10 authority's office during normal business hours. (5) In the case of a notice under sub-section (1), the State road authority must ensure that details of the proposal are available for inspection, free of 15 charge, at the State road authority's office during normal business hours. (6) The State road authority must ensure that payments received under this section are applied towards the cost of the road construction within 20 the prescribed period of time. 57. Review of required payments (1) An owner who is required to make a payment under section 56 may object in writing to the State road authority on any of the grounds specified in 25 sub-section (2) within-- (a) 1 month after receipt of the notice; or (b) any longer time allowed by the State road authority and specified in the notice. (2) The grounds are-- 30 (a) that the land of the owner will not benefit from the construction of the new public road; 71 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 57 (b) if there are several parcels of land that will benefit, that the basis of distribution of the cost between the owners of those parcels of Victorian Legislation and Parliamentary Documents land is unreasonable; 5 (c) that the amount is excessive; (d) that the proposed works are excessive or are inappropriate; (e) if there are several parcels of land that will benefit, that any owner who has been 10 required to pay should not be required to do so, or that any owner who has not been required to pay should be required to do so; (f) in the case of a notice under section 56(1), any other grounds. 15 (3) A State road authority must, within 2 months after receipt of an objection, notify the person of its decision on the objection. (4) An owner may apply to the Tribunal for review of the State road authority's decision on the owner's 20 objection on any of the grounds specified in paragraphs (a) to (f) of sub-section (2). (5) An application for review must be made within 28 days after the later of-- (a) the day on which the decision is made; 25 (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the owner requests a statement of reasons for the decision, the day on which the statement of reasons is given to the owner or the owner is 30 informed under section 46(5) of that Act that a statement of reasons will not be given. 72 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 58 58. State road authority may require further payment or refund excess Victorian Legislation and Parliamentary Documents (1) A State road authority that has required payments under section 56 from the owners of any land 5 may-- (a) if the total amount collected is not enough to meet the costs in respect of which the payments were required, require further payments from the owners of those lands; 10 and (b) if the total amount collected is more than enough to meet those costs, refund the excess to the owners of those lands. (2) The provisions of sections 56(4), 56(5), 57 and 59 15 apply in relation to any further payments required, as if they were payments originally required under section 56, except that in the case of payments required by a notice under section 56(1)-- (a) the State road authority may require further 20 payments of not more than 20 per cent of the amount specified in that notice, if those further payments are necessary to meet the cost of the road construction; and (b) the cost of those further payments must be 25 fairly distributed over the group of parcels of land that is to receive the benefit, if there is such a group. 59. When payment is due (1) The date by which payment must be made is-- 30 (a) if there have been no objections, any date that is set by the State road authority and that is after the expiry of 1 month after the receipt of the notice, or of any longer time allowed by the road authority and specified in the 35 notice; or 73 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 4--Management of Roads s. 59 (b) if each person to whom a notice was issued agrees in writing not to object, any date that is set by the State road authority and that is Victorian Legislation and Parliamentary Documents after the date of the last of those agreements; 5 or (c) if there are objections, or if any person to whom a notice was issued does not agree in writing not to object, any date that is set by the State road authority and that is after each 10 person who objected, or who did not agree in writing not to object, has been notified by the State road authority of its decision on any objections made. (2) The due date for payment of any further payments 15 required under section 58(1)(a) is the date that is specified in the notice requiring the further payment being a date that is not earlier than 14 days after the date of the notice. __________________ 74 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 5--Protection of Roads s. 60 PART 5--PROTECTION OF ROADS Victorian Legislation and Parliamentary Documents Division 1--Offences 60. Offences in relation to unauthorised access to roads (1) A person must not construct an access point to a 5 freeway without the written consent of VicRoads under clause 1 of Schedule 2. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 10 50 penalty units. (2) A person must comply with the conditions to which the written consent of VicRoads under clause 1 of Schedule 2 is subject. Penalty: In the case of a natural person, 15 10 penalty units; In the case of a body corporate, 50 penalty units. (3) A person must not construct or change a physical means of entry or exit for traffic between adjacent 20 land and a controlled access road without first obtaining a decision under clause 2 of Schedule 2 which authorises the construction or change. Penalty: In the case of a natural person, 10 penalty units; 25 In the case of a body corporate, 50 penalty units. 75 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 5--Protection of Roads s. 61 (4) A person must comply with the conditions to which a decision under clause 2 of Schedule 2 is subject. Victorian Legislation and Parliamentary Documents Penalty: In the case of a natural person, 5 10 penalty units; In the case of a body corporate, 50 penalty units. 61. Offence to fail to comply with direction (1) A person must comply with a direction issued to 10 the person under clause 3 of Schedule 6 within the time specified in the direction. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 15 50 penalty units. (2) It is a defence to a prosecution for an offence under this section if the person proves that the person had a reasonable excuse for the failure to comply. 20 62. Obstruction of road (1) Subject to sub-section (2), a person must not obstruct the use of a road by persons or vehicles lawfully entitled to use the road. Penalty: In the case of a natural person, 25 10 penalty units; In the case of a body corporate, 50 penalty units. (2) Sub-section (1) does not apply if the obstruction-- (a) is authorised or permitted by or under this 30 Act or any other Act; or (b) arises out of a lawful and reasonable use of the road. 76 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 5--Protection of Roads s. 63 63. Interference with a road (1) Subject to sub-section (2), a person must not Victorian Legislation and Parliamentary Documents conduct any works in, on, under or over a road without the written consent of the coordinating 5 road authority to the conduct of the proposed works. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 10 50 penalty units. (2) Sub-section (1) does not apply if-- (a) the person is required to conduct the works by specific requirements specified in or under any other Act and the works are 15 conducted in accordance with those requirements; or Example A person who is required to keep a tree clear of an electric line under section 86 of the Electricity Safety 20 Act 1998 is not required to obtain written consent from VicRoads to carry out that requirement although the person is conducting works. (b) the person is a public body and has obtained a consent under section 99(1) or 99(4) of the 25 Melbourne City Link Act 1995; or (c) an exemption under section 23 applies; or (d) an exemption in accordance with the regulations applies; or 77 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 5--Protection of Roads s. 64 (e) the works are conducted in an emergency by, or with the authority of, the relevant infrastructure manager. Victorian Legislation and Parliamentary Documents Examples 5 Sub-section (1) will not apply if the works are conducted by a utility in relation to an emergency. Sub-section (1) will not apply if the works are conducted in the exercise of emergency powers under the Emergency Management Act 1986. 10 64. Failure to give notice (1) An infrastructure manager or works manager must comply with clause 13 of Schedule 7. Penalty: In the case of a natural person, 5 penalty units; 15 In the case of a body corporate, 25 penalty units. (2) It is a defence to a prosecution for an offence under this section if the person proves that the person had a reasonable excuse for the failure to 20 comply. 65. Compliance with conditions of written consent (1) A person must comply with the conditions to which a written consent under clause 16 of Schedule 7 is subject. 25 Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units. (2) It is a defence to a prosecution for an offence 30 under this section if the person proves that the person had a reasonable excuse for the failure to comply. 78 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 5--Protection of Roads s. 66 Division 2--Controls on Advertising, Signs and Bills on Roads and Road Infrastructure Victorian Legislation and Parliamentary Documents 66. Written consent required for placing of specified things on a road or road infrastructure 5 (1) Subject to sub-section (2), a person must not without the written consent of the relevant coordinating road authority-- (a) place any structure, device or hoarding for the exhibition of an advertisement or place 10 any advertisement for exhibition on or over a road; or (b) place any sign or bill on or over a road or on a pole, bus shelter, traffic sign, tree or other object or infrastructure on a road reserve. 15 Penalty: 10 penalty units. (2) Sub-section (1) does not apply if the placing of the structure, device, hoarding, advertisement, sign or bill is authorised or permitted by or under this Act or by or under any other Act. 20 67. Advertiser must disclose name of distributor (1) This section applies to a person who commissions the making of a sign or bill that is placed on or over a road or on a pole, bus shelter, traffic sign or other object or infrastructure on a road reserve. 25 (2) The person must give the relevant coordinating road authority the name and address of the person who was responsible for distributing the sign or bill in a particular area. (3) The person must comply with sub-section (2) 30 within 7 days after receiving a written request for the information from the relevant coordinating road authority. Penalty: 10 penalty units. 79 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 5--Protection of Roads s. 68 68. Distributor must disclose name of depositor (1) A person who engages another person (whether as Victorian Legislation and Parliamentary Documents an employee or as an agent) to place a sign or bill on or over a road or on a pole, bus shelter, traffic 5 sign or other object or infrastructure on a road reserve within an area must give the relevant coordinating road authority the name and address of that other person. (2) The person must do this within 7 days after 10 receiving a written request for the information from the relevant coordinating road authority. Penalty: 10 penalty units. 69. Person must remove structure, device, hoarding, advertisement, sign or bill if requested to do so 15 (1) A person must remove any structure, device, hoarding, advertisement, sign or bill placed by that person in contravention of section 66 if requested to do so by an authorised officer. Penalty: 10 penalty units. 20 (2) If the request is not complied with, an authorised officer may-- (a) remove and sell the structure, device, hoarding, advertisement, sign or bill and apply the proceeds of the sale towards the 25 reimbursement of expenses incurred in connection with the removal or sale; or (b) obliterate the structure, device, hoarding, advertisement, sign or bill. 80 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 5--Protection of Roads s. 70 70. Court may order removal of structure, device, hoarding, advertisement, sign or bill Victorian Legislation and Parliamentary Documents (1) If a court convicts a person of an offence under section 66, 67, 68 or 69, the court may-- 5 (a) instead of, or in addition to, any other penalty, order the person to remove the structure, device, hoarding, advertisement, sign or bill placed by the person within a specified time and under the supervision of a 10 person nominated by the court; or (b) in addition to any other penalty, order the person to pay a sum of compensation for the removal of the structure, device, hoarding, advertisement, sign or bill to the relevant 15 coordinating road authority. (2) The following provisions apply to an order under sub-section (1)(a)-- (a) the court may also order that if the person contravenes the order, that person must pay a 20 fine of not more than 10 penalty units; (b) if the person complies with the order, the person nominated by the court to supervise must send to the person a statement to that effect; 25 (c) if the person contravenes the order, the court may, on application by the person nominated to supervise, issue a summons requiring the person to show cause why the fine referred to in paragraph (a) should not be imposed; 30 (d) on hearing the summons, the court may make any order under this Act which it considers appropriate in respect of the person who contravened the order. 81 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 5--Protection of Roads s. 71 (3) The compensation specified in an order under sub-section (1)(b) to be paid to the relevant coordinating road authority is to be treated as a Victorian Legislation and Parliamentary Documents debt due to that coordinating road authority. 5 Division 3--Authorised Officers 71. Authorised officers (1) Subject to this section, VicRoads may by instrument appoint an officer or employee of VicRoads to be an authorised officer for the 10 purposes of this Act. (2) Subject to this section, a State road authority may by instrument appoint-- (a) an employee employed under the Public Sector Management and Employment Act 15 1998; or (b) an officer or employee of a public body established by or under any Act-- to be an authorised officer for the purposes of this Act. 20 (3) Subject to this section, if the relevant road authority is a municipal council, the municipal council may by instrument appoint an officer or employee of the municipal council to be an authorised officer for the purposes of this Act. 25 (4) An authorised officer appointed under sub- section (1) may exercise the powers of an authorised officer in respect of the Link road as if VicRoads were the responsible road authority if-- (a) the Link corporation has so requested; or 30 (b) there is a written arrangement with the Link corporation. 82 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 5--Protection of Roads s. 72 (5) An authorised officer appointed under sub- section (1) may exercise the powers of an authorised officer in respect of the Extension road Victorian Legislation and Parliamentary Documents as if VicRoads were the responsible road authority 5 if-- (a) the Extension corporation has so requested; or (b) there is a written arrangement with the Extension corporation. 10 (6) A person must not be appointed as an authorised officer under this section unless the person has completed appropriate training or qualifications as determined by the relevant road authority making the appointment. 15 72. Authorised officer's identity card (1) The relevant road authority must issue an identity card to each authorised officer. (2) An identity card must-- (a) set out the name of the authorised officer and 20 contain a photograph of the authorised officer to whom it is issued; (b) set out the name of the relevant road authority which has appointed the authorised officer; 25 (c) contain information about the complaints process under section 87. 83 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 5--Protection of Roads s. 73 73. Production of identity card (1) Subject to sub-section (2), an authorised officer Victorian Legislation and Parliamentary Documents must produce their identity card for inspection-- (a) before exercising a power under this Act 5 other than a requirement made by post; and (b) at any time during the exercise of a power under this Act, if asked to do so. Penalty: 10 penalty units. (2) It is not necessary for an authorised officer to 10 comply with a request to produce their identity card that is made by a person to whom the authorised officer has already produced their identity card before or during the exercise of a power under this Act. 15 74. General powers of authorised officers (1) Subject to sub-section (2), for the purposes of the administration of this Act and the regulations, an authorised officer may exercise the powers conferred by or under this Act and the regulations 20 to ascertain whether the provisions of this Act or the regulations have been, or are being, complied with. (2) Unless an authorised officer is of the opinion that it is necessary to do so because of an emergency, 25 an authorised officer must not enter any privately owned property unless-- (a) the owner has given consent; or (b) the authorised officer has given the owner reasonable notice of the intention to enter at 30 a reasonable time. 75. Power to enter upon any land (1) Subject to this section, an authorised officer may exercise any power conferred by this Act on a road authority to enter upon any land. 84 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 5--Protection of Roads s. 76 (2) Unless an authorised officer is of the opinion that it is necessary to do so because of an emergency, an authorised officer must not enter any privately Victorian Legislation and Parliamentary Documents owned property unless-- 5 (a) the owner has given consent; or (b) the authorised officer has given the owner reasonable notice of the intention to enter at a reasonable time. (3) A road authority or an authorised officer must in 10 exercising any power to enter upon any land-- (a) cause as little harm and inconvenience and do as little damage as possible to the land and anything on or growing on the land; and (b) remain upon the land only for such period as 15 is reasonably necessary; and (c) remove from the land on the completion of the occupation of the land all plant, machinery, equipment, goods or buildings brought onto, or erected on, the land other 20 than any of those things that the owner or occupier agrees may be left on the land; and (d) leave the land, as nearly as possible, in the condition in which it was immediately before the land was occupied; and 25 (e) use best endeavours to co-operate with the owner and occupier of the land. 76. Power to obtain name and address If an authorised officer believes, on reasonable grounds, that a person has contravened, or is 30 contravening, this Act or the regulations, the authorised officer may require the person to state the person's name and residential address. 85 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 5--Protection of Roads s. 77 77. Requirement to assist authorised officer during entry Victorian Legislation and Parliamentary Documents To the extent that it is reasonably necessary to determine compliance with this Act, an authorised 5 officer exercising a power of entry under this Act who produces his or her identity card for inspection by the occupier of the land or an agent or employee of the occupier may require that person to give reasonable assistance to the 10 authorised officer. 78. Assistance of member of police force Any member of the police force may assist an authorised officer in exercising a power under this Act. 15 79. Offence for failure to give name and address A person must not, without reasonable excuse, refuse or fail to comply with a requirement under section 76. Penalty: 10 penalty units. 20 80. Refusal or failure to comply with requirement or direction A person must not, without reasonable excuse, refuse or fail to comply with any lawful requirement or direction of an authorised officer 25 under this Act. Penalty: 60 penalty units. 81. Protection against self-incrimination It is a reasonable excuse for a natural person to refuse or fail to give information or do any other 30 thing that the person is required to do by or under this Act, if the giving of the information or the doing of that other thing would tend to incriminate the person. 86 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 5--Protection of Roads s. 82 82. Offence to give false or misleading information A person must not give information to an Victorian Legislation and Parliamentary Documents authorised officer under this Act that the person believes to be false or misleading in any material 5 particular. Penalty: 60 penalty units. 83. Offence to hinder or obstruct authorised officer A person must not, without reasonable excuse, hinder or obstruct an authorised officer who is 10 exercising a power under this Act. Penalty: 60 penalty units. 84. Offence to impersonate authorised officer A person who is not an authorised officer must not, in any way, impersonate an authorised 15 officer. Penalty: 60 penalty units. 85. Entry to be reported to the relevant road authority (1) If an authorised officer exercises a power of entry under this Act, the authorised officer must report 20 the exercise of the power to the relevant road authority within 7 days after the entry. (2) The report must include all relevant details of the entry including particulars of-- (a) the time and place of the entry; and 25 (b) the purpose of the entry; and (c) the things done while on the premises, including details of things seized, copies made and extracts taken; and (d) the time of departure from the premises. 87 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 5--Protection of Roads s. 86 86. Register of exercise of powers of entry The relevant road authority must keep a register Victorian Legislation and Parliamentary Documents containing the particulars of all matters reported to the relevant road authority under section 85. 5 87. Complaints (1) Any person may complain to the relevant road authority about the exercise of a power by an authorised officer under this Act. (2) The relevant road authority must-- 10 (a) investigate any complaint made to the relevant road authority; and (b) provide a written report to the complainant on the results of the investigation. 88. Service of documents 15 (1) A written requirement by an authorised officer under this Act may be given personally or by registered post to a person-- (a) at the last known place of business, employment or residence of the person; or 20 (b) in the case of a body corporate, at the registered office of the body corporate. (2) A person who provides a document or information in response to a requirement of an authorised officer under this Act may send that document or 25 information to the relevant road authority by registered post. 88 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 5--Protection of Roads s. 89 89. Confidentiality (1) An authorised officer must not, except to the Victorian Legislation and Parliamentary Documents extent necessary to carry out the authorised officer's functions under this Act, give to any 5 other person, whether directly or indirectly, any information acquired by the authorised officer in carrying out those functions. Penalty: 60 penalty units. (2) Sub-section (1) does not apply to the giving of 10 information-- (a) to a court or tribunal in the course of legal proceedings; or (b) pursuant to an order of a court or tribunal; or (c) to the extent reasonably required to enable 15 the investigation or the enforcement of a law of this State or of any other State or Territory or of the Commonwealth; or (d) with the written authority of the relevant road authority; or 20 (e) with the written authority of the person to whom the information relates. Division 4--Enforcement 90. Power to serve road management infringement notice 25 (1) An authorised officer may serve a road management infringement notice on a person whom the authorised officer has reason to believe has committed a road management infringement specified in Schedule 8 or in the regulations. 89 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 5--Protection of Roads s. 91 (2) A road management infringement notice may be served-- Victorian Legislation and Parliamentary Documents (a) by personally serving the road management infringement notice on the alleged offender; 5 or (b) by sending the road management infringement notice by post addressed to the alleged offender's latest known address. (3) Schedule 8 has effect. 10 91. Form of notice A road management infringement notice must-- (a) be in the prescribed form; and (b) state the penalty specified in Schedule 8 or in the regulations for the offence; and 15 (c) state that if the amount of the penalty is tendered at the place referred to in the notice the matter will not be brought before the Magistrates' Court unless the notice is withdrawn before the end of the period 20 specified in the notice as the time for payment of the penalty. 92. Withdrawal of road management infringement notice (1) The authorised officer may withdraw a road 25 management infringement notice at any time within 28 days after the notice is served by serving a withdrawal notice on the alleged offender. (2) A withdrawal notice must-- 30 (a) be served in the prescribed manner; (b) contain the prescribed particulars; (c) be signed by the authorised officer. 90 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 5--Protection of Roads s. 93 (3) A road management infringement notice may be withdrawn even if the appropriate penalty has been paid. Victorian Legislation and Parliamentary Documents (4) If a withdrawal notice is served, the relevant road 5 authority must refund the amount of any penalty paid on the road management infringement notice before it is withdrawn. 93. Payment of penalty (1) If the person pays the penalty shown on the road 10 management infringement notice within the time shown in the notice or, if the authorised officer allows, at any time before the service of the summons in respect of the offence-- (a) further proceedings may not be taken in 15 respect of the offence; and (b) no conviction is to be recorded against the person for the offence. (2) A penalty paid under this section must be applied as if the offender had been convicted of the 20 offence in the Magistrates' Court on a charge filed by the authorised officer who served the infringement notice. 94. Infringement notice not to prejudice further proceedings 25 (1) If-- (a) a person served with a road management infringement notice has not paid the penalty within the time specified in the road management infringement notice; or 30 (b) a road management infringement notice is withdrawn-- proceedings may still be taken or continued for the alleged offence. 91 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 5--Protection of Roads s. 95 (2) If proceedings have been taken or continued for an alleged offence because the person has not paid the penalty specified in the road management Victorian Legislation and Parliamentary Documents infringement notice and a conviction is imposed 5 by the Magistrates' Court, the conviction must not be taken to be a conviction for any purpose except in relation to-- (a) the making of the conviction itself; and (b) subsequent proceedings which may be taken 10 in respect of the conviction itself, including proceedings by way of appeal. 95. Enforcement of infringement penalty Payment of the infringement penalty may be enforced in accordance with Part 2 of Schedule 7 15 to the Magistrates' Court Act 1989 if-- (a) the road management infringement notice is an infringement notice within the meaning of Schedule 7 to that Act; and (b) the infringement penalty has not been paid 20 within the time specified in the road management infringement notice; and (c) the road management infringement notice has not been withdrawn; and (d) proceedings have not been taken under 25 section 94. 96. Institution of proceedings for offences (1) Legal proceedings for offences against this Act or the regulations can only be instituted by-- (a) a member of the police force; or 30 (b) a person authorised for that purpose by the relevant road authority. 92 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 5--Protection of Roads s. 96 (2) A certificate given by the relevant road authority and signed by the Chief Executive (however described) of the relevant road authority to the Victorian Legislation and Parliamentary Documents effect that a specified person has been authorised 5 by the relevant road authority to take proceedings for offences against this Act is admissible in evidence and, in the absence of evidence to the contrary, is proof. __________________ 93 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 6--Civil Liability s. 97 PART 6--CIVIL LIABILITY Victorian Legislation and Parliamentary Documents Division 1--General 97. Definitions In this Part-- 5 "exercise" in relation to a function includes perform a duty; "function" includes a power, authority or duty; "negligence" means a failure to exercise reasonable care. 10 98. Effect of this Part This Part is not to be construed as derogating from any duty or liability that a person other than a road authority, infrastructure manager or works manager has under any other Act or at common 15 law. Division 2--Negligence 99. Application of Division This Division applies to any claim for damages resulting from negligence in relation to the 20 performance or non-performance of a road management function, regardless of whether the claim is brought in tort, in contract, under statute or otherwise. 100. Application of Part XII of Wrongs Act 1958 25 This Division is to be construed as being in addition to and not in derogation of Part XII of the Wrongs Act 1958. 94 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 6--Civil Liability s. 101 101. Principles concerning performance of road management functions Victorian Legislation and Parliamentary Documents In determining whether a road authority, infrastructure manager or works manager has a 5 duty of care or has breached a duty of care in respect of the performance of a road management function, a court is to consider the following principles (amongst other relevant things including the principles specified in section 83 of 10 the Wrongs Act 1958)-- (a) the character of the road and the type of traffic that could reasonably be expected to use the road; (b) the standard of maintenance and repair 15 appropriate for a road of that character used by traffic of that type; (c) the state of repair in which a reasonable person would have expected to find a road or infrastructure of that character; 20 (d) whether the road authority, infrastructure manager or works manager knew, or could reasonably be expected to have known, the condition of the road or infrastructure at the time of the relevant incident; 25 (e) in the case where the road authority, infrastructure manager or works manager could not have reasonably been expected to repair the road or infrastructure or take other preventative measures before the relevant 30 incident, whether the road authority, infrastructure manager or works manager did display, or could be reasonably expected to have displayed, appropriate warnings. 95 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 6--Civil Liability s. 102 102. Limitations on liability of road authority (1) Subject to this section, a road authority is not Victorian Legislation and Parliamentary Documents liable in any proceeding for damages, whether for breach of the statutory duty imposed by section 40 5 or for negligence, in respect of any alleged failure by the road authority-- (a) to remove a hazard or to repair a defect or deterioration in a road; or (b) to give warning of a hazard, defect or 10 deterioration in a road. (2) Sub-section (1) does not apply if, at the time of the alleged failure, the road authority had actual knowledge of the particular risk the materialisation of which resulted in the harm. 15 (3) For the purposes of sub-section (2), the road authority is to be taken to have had actual knowledge of the particular risk if it is proven in the proceedings that the deterioration in the road had been reported in writing to the road authority 20 under section 115. (4) This section does not affect any liability of a road authority arising out of a breach of the duty to inspect a public road imposed by section 40. 103. Policy defence 25 For the purposes of any proceeding to which this Division applies, an act or omission which is in accordance with a policy-- (a) determined by the relevant road Minister under section 22 does not constitute a 30 wrongful exercise or failure unless the policy is so unreasonable that no Minister in that Minister's position acting reasonably could have made that policy; 96 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 6--Civil Liability s. 104 (b) determined by the relevant road authority under section 39 does not constitute a wrongful exercise or failure unless the policy Victorian Legislation and Parliamentary Documents is so unreasonable that no road authority in 5 that road authority's position acting reasonably could have made that policy. Note 1: One of the ways in which a road authority may determine a policy with respect to its road management functions is by a road management 10 plan: see section 52. Note 2: Section 27 enables a relevant Code of Practice to be used as evidence of the reasonableness of a road management plan. 104. Liability where duty to perform and discretionary 15 power to remedy For the purposes of proceedings relating to a claim arising out of a failure to exercise a road management function, if a person has a duty in relation to a matter and another person has a 20 discretionary power to take remedial action in relation to that matter, only the person with the duty is liable in the proceedings. Example If particular infrastructure is not maintained in a safe 25 condition and the relevant infrastructure manager has breached a duty to maintain that infrastructure under clause 6 of Schedule 7, the infrastructure manager would be liable in the proceedings not the coordinating road authority having a discretionary power to require that infrastructure 30 manager to take remedial action. 97 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 6--Civil Liability s. 105 105. Defence to prove that reasonable care was taken (1) In any proceeding against a road authority for Victorian Legislation and Parliamentary Documents damages resulting from a failure to maintain a public road it is a defence to prove that the road 5 authority had taken such care as in all the circumstances was reasonably required to ensure that the relevant part of the public road was not dangerous for traffic. (2) In any proceeding against an infrastructure 10 manager or works manager for damages resulting from a failure to maintain non-road infrastructure it is a defence to prove that the infrastructure manager or works manager had taken such care as in all the circumstances was reasonably required 15 to ensure that the relevant non-road infrastructure was not dangerous for traffic. (3) For the purposes of the defence referred to in sub- section (1), a road authority is to be taken to have established the defence if the road authority 20 proves to the satisfaction of the court that-- (a) the road authority had a policy which addressed the matter which was a cause of the incident giving rise to the action; and (b) the road authority complied with the relevant 25 part of the policy. Note 1: One of the ways in which a road authority may determine a policy with respect to its road management functions is by a road management plan: see section 52. 30 Note 2: Section 27 enables a relevant Code of Practice to be used as evidence of the reasonableness of a policy or road management plan. (4) The defence referred to in sub-section (1) or (2) does not prejudice any other defence or the 35 application of the law relating to contributory negligence. 98 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 6--Civil Liability s. 106 106. Matters which may be considered to constitute contributory negligence Victorian Legislation and Parliamentary Documents If the issue of the contributory negligence of a person, other than the road authority or an 5 infrastructure manager, is raised in any proceeding relating to a claim of negligence in relation to the performance of a road management function in respect of a road or infrastructure on a road, the court must consider whether any matter specified 10 in section 17A(1) of the Road Safety Act 1986 was a relevant factor. Division 3--Other Liability 107. Liability of road authority A road authority does not have a statutory duty or 15 a common law duty to perform road management functions in respect of a public highway which is not a public road or to maintain, inspect or repair the roadside of any public highway (whether or not a public road). 20 108. Road authority is not liable as an occupier (1) For the avoidance of doubt, it is hereby declared that for the purposes of section 14B of the Wrongs Act 1958-- (a) a road authority is not an occupier of a road; 25 and (b) a road is not premises. (2) This section does not affect any liability arising under the Wrongs Act 1958 in relation to any building on the road reserve. 99 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 6--Civil Liability s. 109 109. Liability in relation to fencing Despite any Act or rule of law to the contrary, Victorian Legislation and Parliamentary Documents neither the Crown nor a road authority is liable for any damage that may be caused by reason of any 5 public highway not being fenced in or fenced off. Note: See clause 4 of Schedule 5. 110. Limits in relation to liability for property damages (1) In this section-- "property damages" means any claim for 10 damage to property or for economic loss caused by the condition of a road or infrastructure but does not include any damage or loss arising out of personal injury or death; 15 Example Property damages would include a windscreen cracked by a loose stone or damage to a tyre caused by a pothole but would not include damage to a vehicle caused by an unsecured temporary barrier. 20 "tar damage" means damage to a vehicle caused by tar, asphalt, bitumen or bituminous compounds; "threshold amount" means the amount of $1000 as varied under section 111; 25 "vehicle" has the same meaning as in the Road Safety Act 1986. 100 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 6--Civil Liability s. 110 (2) For the purposes of the definition of "property damages" in sub-section (1), "the condition of a road or infrastructure" does not include Victorian Legislation and Parliamentary Documents machinery, plant, tools or other equipment or 5 materials of a road authority, infrastructure manager or works manager used for the construction, installation or maintenance of roads or infrastructure. Example 10 "The condition of a road or infrastructure" would not include graders, excavators, temporary barriers, shovels, stockpiles of gravel or sand and pipes or poles that have not yet been installed. (3) A road authority is not liable for property 15 damages where the value of the damage is equal to or less than the threshold amount. (4) The amount which may be recovered against a road authority in a claim for property damages which exceeds the threshold amount is to be 20 reduced by the threshold amount. (5) A road authority is not liable for tar damage if the road authority has-- (a) closed the road to traffic during works and for a reasonable period after the tar was 25 applied; and (b) covered the portion of the road to which the tar was applied with gravel or stones or other appropriate material before re-opening the road to traffic. 101 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 6--Civil Liability s. 111 (6) For the purposes of determining a reasonable period under sub-section (5), regard may be had to-- Victorian Legislation and Parliamentary Documents (a) any relevant Code of Practice; 5 (b) any relevant road management plan; (c) any policy; (d) the matters specified in paragraphs (a) to (e) of section 101. 111. Indexation provision 10 (1) The amount that is to apply for the purposes of section 110 is to be varied, in respect of the financial year beginning on 1 July 2005 and each subsequent financial year, in accordance with the formula-- B A� 15 C where-- "A" is the amount referred to in section 110. "B" is the all groups consumer price index for Melbourne as at 15 June in the preceding 20 financial year last published by the Australian Statistician in respect of the December quarter of that financial year. "C" is the all groups consumer price index for Melbourne as at 15 June in the year 25 preceding the preceding financial year published by the Australian Statistician in respect of the December quarter preceding that 15 June. 102 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 6--Civil Liability s. 111 (2) If it is necessary for the purposes of this section to calculate an amount that consists of or includes a fraction of a whole number, the amount is deemed Victorian Legislation and Parliamentary Documents to have been calculated in accordance with this 5 section if the calculation is made-- (a) if the amount is less than $1000, to the nearest whole $1; or (b) if the amount is $1000 or more, to the nearest whole $10. 10 (3) If an amount is varied in accordance with this section, section 110 and this section have effect as if a reference to the amount were a reference to the amount as so varied. (4) If the variation of an amount to which this section 15 applies by operation of this section has the effect of reducing the amount-- (a) the variation is deemed not to have taken effect, except for the purposes of the application of this sub-section; and 20 (b) when the amount is varied and increased by operation of this section in respect of the next or a subsequent financial year that variation has effect as an increase only to the extent (if any) to which the amount of the 25 increase exceeds the amount of the reduction in respect of a preceding financial year, or that part of such a reduction that has not been set off against a previous increase. (5) The Minister must cause a notice to be published 30 in the Government Gazette specifying the amount as varied for the purposes of section 110 in respect of the relevant financial year. 103 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 6--Civil Liability s. 112 Division 4--Liability of Persons Other Than Road Authorities Victorian Legislation and Parliamentary Documents 112. Right to recover for damage to road (1) This section applies if a road authority incurs 5 extraordinary expenses in repairing a road that has been damaged as a result of the passage of extraordinary traffic or excessive mass along the road. (2) The road authority may recover damages in any 10 court of competent jurisdiction from any person who was responsible for causing the traffic or weight to pass along the road. (3) Nothing in this section enables a road authority to recover damages from-- 15 (a) the Link corporation in respect of damage to a road arising because of the operation or effect of the Link road; or (b) the Extension corporation in respect of damage to a road arising because of the 20 operation or effect of the Extension road; or (c) another road authority in respect of damage to a road arising because of the operation or effect of a road for which the road authority is responsible. 25 113. Duty of owner or occupier of adjoining land An owner or occupier of land adjoining a road has a duty of care to the relevant road authority, infrastructure managers, works managers and road users-- 30 (a) not to do anything on or in relation to the land which affects; or 104 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 6--Civil Liability s. 114 (b) not to allow the condition of the land to affect-- Victorian Legislation and Parliamentary Documents the support the land provides to the road to the extent that the stability of the road, the safety of 5 road users or the condition of any infrastructure on the road is affected. Division 5--Claims Procedure 114. Purpose of Division The purpose of this Division is to facilitate a 10 process for-- (a) notifying the responsible road authority in relation to the condition of a public road which may require repair; (b) enabling condition reports to be prepared for 15 use in legal proceedings; (c) the gathering of information for the analysis of the causes of accidents and the planning and implementation of road management and safety measures. 20 115. Notice of incident (1) If a person proposes to commence a proceeding in a court based on a claim in relation to an incident arising out of the condition of a public road or infrastructure, the person must give written notice 25 of the incident to the responsible road authority within the prescribed period of the incident occurring. (2) In sub-section (1), "prescribed period" means-- (a) the period of 30 days; or 30 (b) a longer period as may be prescribed either in respect of all cases or a specified case or class of cases. 105 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 6--Civil Liability s. 116 (3) A notice under sub-section (1) must include the prescribed particulars so as to enable the responsible road authority to prepare a condition Victorian Legislation and Parliamentary Documents report under section 116. 5 (4) If a person fails to give notice under this section and a report is not prepared under section 116, a court may in any proceeding based on a claim in relation to an incident arising out of the condition of a public road or infrastructure take the failure 10 into account in deciding the weight to be given to evidence about that condition at the time of the incident having regard to-- (a) the reason why notice was not given; (b) the length of the delay; 15 (c) the extent of any prejudice caused to the road authority in the proceeding; (d) any other matter relevant in the interests of justice in the proceeding. 116. Preparation of condition report 20 (1) Within 14 days of receiving a notice of an incident under section 115, the responsible road authority may cause an inspection to be carried out of the condition of the part of the public road or infrastructure specified in the notice. 25 (2) Despite anything to the contrary in this Act, if a road authority considers it to be appropriate for the purposes of this section, the road authority may cause an inspection to be carried out of the condition of any road or infrastructure. 106 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 6--Civil Liability s. 116 (3) The responsible road authority may cause a report of the inspection to be prepared which includes-- Victorian Legislation and Parliamentary Documents (a) a statement of the condition of the relevant part of the road or infrastructure and where 5 appropriate photographs showing the condition of the site of the incident; (b) a reference to any relevant road management plan, policy or policy decision relating to the construction, maintenance or repair of the 10 road or infrastructure; (c) a summary of, or any reference to, any records relating to the condition of the road or infrastructure from inspections and reports; 15 (d) a summary of inspections, maintenance and repairs of that part of the road or infrastructure conducted in the period of 12 months before the incident; (e) any other matters prescribed for the purposes 20 of this section. (4) In the case of report prepared under sub-section (1), a copy of the report must be provided to the person who gave the notice under section 116 as soon as is reasonably practicable. 25 (5) A copy of a report certified by the road authority is admissible as evidence of the matters specified in the report in any legal proceeding in relation to an incident arising out of the condition of a road or infrastructure. __________________ 107 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 7--General s. 117 PART 7--GENERAL Victorian Legislation and Parliamentary Documents 117. Power of Ministers to delegate (1) The Minister may by instrument delegate to any person any function or power of the Minister 5 under this Act or under the regulations other than this power of delegation. (2) A relevant road Minister may by instrument delegate to any person any function or power of the relevant road Minister under this Act or under 10 the regulations other than this power of delegation. 118. Power of road authority to delegate (1) A road authority may by instrument delegate to any person any function or power of the road 15 authority under this Act or any other Act or under the regulations other than this power of delegation. (2) A road authority may by instrument delegate to another road authority any function or power of 20 the road authority under this Act or any other Act or under the regulations including, subject to sub- section (3), this power of delegation. (3) A road authority to which a function or power has been delegated under sub-section (2), may, subject 25 to and in accordance with the instrument of delegation under sub-section (2), by instrument delegate to another person that function or power. (4) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation 30 under sub-section (3) as if it were a delegation. 108 551064B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Road Management Act 2004 Act No. Part 7--General