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NATIONAL PARKS ACT 1975 - SECT 37A Parks Victoria may cause to be erected signs to indicate parks

NATIONAL PARKS ACT 1975 - SECT 37A

Parks Victoria may cause to be erected signs to indicate parks

S. 37A(1) amended by Nos 44/1989

s. 41(Sch. 2 item 29.4(a)), 19/2018 s. 210(2), 49/2019 s. 186(Sch.  4 item 31.3).

    (1)     Parks Victoria may with the consent of the Head, Transport for Victoria—

        (a)     cause to be erected or placed upon or across a road—

              (i)     any structure or sign to indicate an entrance to the park which is adjacent to the road or entered from the road;

              (ii)     in the vicinity of any such structure or sign a building or other structure for use as shelter by and office accommodation for persons carrying out functions referred to in subsections (2) and (3);

              (iii)     any notice sign light or other device to notify users of the road that they are approaching an entrance to the park adjacent to the road, or entered from the road;

        (b)     carry out minor roadworks, construct entrance stations, install speed humps and erect signs on a road to facilitate the collection of fees for entry to the park which is adjacent to or entered from the road;

S. 37A(1)(c) amended by Nos 44/1989

s. 41(Sch. 2 item 29.4(b)), 49/2019 s. 186(Sch.  4 item 31.3).

        (c)     after consultation with the Head, Transport for Victoria, erect on a road traffic control signals at fee collection points.

    (2)     Any tolls or fees or charges payable—

        (a)     for entry into the park which is adjacent to or entered from a road;

        (b)     for any permit or authority under the Act in relation to the park which is adjacent to or entered from a road—

may be collected by an authorized officer in respect of the park from persons passing any structure or sign erected under subsection (1).

S. 37A(3) amended by Nos 70/1998 s. 14(Sch. item 37), 19/2018 s. 210(3).

    (3)     Where any fee or charge payable in respect of a permit or authority which may be granted by Parks Victoria pursuant to section 21 has been paid, an authorized officer may issue the permit or authority to the person to whom the permit or authority is granted and who passes any structure or sign erected under subsection (1).

    (4)     Sections 36, 37 and 44 of the Act shall apply to a road specified under subsection (5) as if the road formed part of the park which is adjacent to or entered from the road.

    (5)     This section shall apply to—

S. 37A(5)(a) amended by No. 12/2004 s. 165(2).

        (a)     a road that is—

S. 37A(5)(a)(i) amended by No. 43/2012 s. 3(Sch. item 34.3).

              (i)     the Wilsons Promontory Road;

              (ii)     the Mount Buffalo Road—

as respectively declared to be an arterial road within the meaning of the Road Management Act 2004 ;

S. 37A(5)(b) amended by No. 12/2004 s. 165(3).

        (b)     a road or part of a road that is an arterial road within the meaning of the Road Management Act 2004

S. 37A(5)(b)(i) amended by No. 38/1989

s. 35(c).

              (i)     that—

    (A)     is bounded on each side by a park and terminates in the park; or

    (B)     leads into and terminates in a park; and

S. 37A(5)(b)(ii) amended by Nos 44/1989

s. 41(Sch. 2 item 29.4(a)), 49/2019 s. 186(Sch.  4 item 31.3).

              (ii)     has by notice in the Government Gazette been declared by the Head, Transport for Victoria to be a road or part of a road to which this section or a provision of this section shall apply; and

S. 37A(5)(c) amended by No. 12/2004 s. 165(3).

        (c)     a road or part of a road that is not an arterial road within the meaning of the Road Management Act 2004 that—

              (i)     is bounded on each side by a park or leads into a park; and

              (ii)     has by notice in the Government Gazette been declared by the council of the municipality responsible for maintaining the road to be a road or part of a road to which this section or a provision of this section shall apply.

    (6)     For the purposes of subsection (5) a road shall be treated as terminating in a park notwithstanding that the road is set out on a plan in Schedule Two or Three as a road which continues through the park if the road is not open and kept open to the public for public use and public traffic free from obstructions (other than temporary obstructions) so that a vehicle may pass through the park on the road.

No. 8083 s. 24.

S. 38 amended by No. 40/2002 s. 9 (ILA s. 39B(1)).