ROAD MANAGEMENT ACT 2004
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose and outline
- 2 Commencement
- 3 Definitions
- 3A Specification of public authority as a relevant State body
- 4 Object of Act
- 5 Interpretation and application of Act
- 5A Transport Integration Act 2010
- 5B Filming Approval Act 2014
- 6 Crown to be bound
PART 2--RIGHTS OF ROAD USERS
- 7 Purpose of Part
- 8 Right of passage
- 9 Rights of owners and occupiers of adjoining land
- 10 Rights of the public in relation to a public highway
PART 3--THE ROAD SYSTEM
Division 1--Roads
- 11 Power to declare and name a road
- 12 Discontinuance of roads
- 13 Power to fix boundary of road
- 14 Power of Head, Transport for Victoria to make declarations in respect of roads
- 15 Arrangements to transfer road management functions
- 16 Designated road project
Division 2--Public roads
- 17 What is a public road?
- 18 Ancillary areas in relation to public roads
- 19 Register of public roads
PART 4--MANAGEMENT OF ROADS
Division 1--Coordination of road management
- 20 Principal object and management principles
- 21 Ministers may require information or advice
- 22 Power of Ministers to give directions
- 23 Power of Governor in Council to give exemption
- 24 Purposes of Codes of Practice
- 25 What can a Code of Practice include?
- 26 Power to apply, adopt or incorporate
- 27 Codes of Practice as evidence
- 28 Making of Codes of Practice
- 29 Availability of Codes of Practice
- 30 Tabling and disallowance
- 31 Infrastructure Reference Panel
- 32 Functions of the Infrastructure Reference Panel
Division 2--General functions and powers of road authorities
- 33 Role of a road authority
- 34 General functions
- 35 Powers of a road authority
- 36 Which road authority is the coordinating road authority?
- 37 Which road authority is the responsible road authority?
- 38 Exercise of functions and powers
- 39 Road authority may make a policy or policy decision relating to road management functions
Division 3--Specific powers and duties of road authorities
- 40 Statutory duty to inspect, maintain and repair public roads
- 41 Power to determine standard of construction, inspection, maintenance and repair
- 42 Declaration of a public road as a controlled access road
- 42A Specified roads
- 43 Specific road construction, repair and maintenance powers of State road authorities
- 44 Specific traffic management powers of State road authorities
- 45 Specific road property provisions, powers and duties
- 45A Provisions relating to the M1 Redevelopment Project
- 46 Specific protection of roads and adjoining land powers of State road authorities
- 46A Specific duties and powers in relation to street lighting
Division 4--Infrastructure and works on roads
- 47 Purpose of Division
- 48 Specific duties and powers in relation to infrastructure and works on roads
Division 4A--Safety duties in relation to works on or near rail infrastructure
- 48A Definitions
- 48B Duty of responsible road authority, infrastructure manager or works manager in relation to works on or in immediate vicinity of rail infrastructure or rolling stock
- 48D Works contractor duty in relation to works on or in immediate vicinity of rail infrastructure or rolling stock
- 48DA Only one offence committed
- 48DB Duty of rail transport operator in relation to works on or in immediate vicinity of road infrastructure
- 48DC Exercising a power or performing a duty safely
- 48E Only one offence committed
- 48EA Notification by responsible road authority, infrastructure manager or works manager
- 48EB Notification by works contractor
- 48EC Notification by rail transport operator
- 48F Notification of road authorities before railway operations carried out
- 48G Certain offences in this Division are indictable offences
Division 4B--Specific provisions relating to bus stop infrastructure and tram stop infrastructure
- 48H Definitions
- 48I Application of Division
- 48J Powers of relevant authority
- 48K Offence in relation to removal, demolition or relocation
- 48L Resolution of disputes
- 48M Guidelines
- 48N Information to be provided by a municipal council
- 48O Consent of relevant authority required to install, attach or affix rubbish bin or cigarette disposal unit
- 48P Power of Head, Transport for Victoria to remove rubbish bin or cigarette disposal unit installed, attached or affixed without consent
Division 5--Road management plans
- 49 The making of a road management plan is voluntary
- 50 Purposes of a road management plan
- 51 Standards may be included in a road management plan
- 52 Contents of a road management plan
- 53 Power to apply, adopt or incorporate
- 54 Procedure for making or amending a road management plan
- 55 Availability of road management plan
Division 6--Development contributions
- 56 Development contribution
- 57 Review of required payments
- 58 State road authority may require further payment or refund excess
- 59 When payment is due
PART 5--PROTECTION OF ROADS
Division 1--Offences
- 60 Offences in relation to unauthorised access to roads
- 61 Offence to fail to comply with direction
- 62 Obstruction of road
- 63 Interference with a road
- 64 Failure to give notice
- 65 Compliance with conditions of written consent
Division 2--Controls on advertising, signs and bills on roads and road infrastructure
- 66 Written consent required for placing of specified things on a road or road infrastructure
- 67 Advertiser must disclose name of distributor
- 68 Distributor must disclose name of depositor
- 69 Person must remove structure, device, hoarding, advertisement, sign or bill if requested to do so
- 70 Court may order removal of structure, device, hoarding, advertisement, sign or bill
Division 3--Authorised officers
- 71AA Definition
- 71 Authorised officers
- 72 Authorised officer's identity card
- 73 Production of identity card
- 74 General powers of authorised officers
- 75 Power to enter upon any land
- 76 Power to obtain name and address
- 77 Requirement to assist authorised officer during entry
- 78 Assistance of police officer
- 79 Offence for failure to give name and address
- 80 Refusal or failure to comply with requirement or direction
- 81 Protection against self-incrimination
- 82 Offence to give false or misleading information
- 83 Offence to hinder or obstruct authorised officer
- 84 Offence to impersonate authorised officer
- 85 Entry to be reported to the appointing entity
- 86 Register of exercise of powers of entry
- 87 Complaints
- 88 Service of documents
- 89 Confidentiality
Division 4--Enforcement
- 90 Power to serve road management infringement notice
- 96 Institution of proceedings for offences
PART 6--CIVIL LIABILITY
Division 1--General
Division 2--Negligence
- 99 Application of Division
- 100 Application of Part XII of Wrongs Act 1958
- 101 Principles concerning performance of road management functions
- 102 Limitations on liability of road authority
- 103 Policy defence
- 104 Liability where duty to perform and discretionary power to remedy
- 105 Defence to prove that reasonable care was taken
- 106 Matters which may be considered to constitute contributory negligence
Division 3--Other liability
- 107 Liability of road authority
- 108 Road authority is not liable as an occupier
- 109 Liability in relation to fencing
- 110 Limits in relation to liability for property damages
- 111 Indexation provision
Division 4--Liability of persons other than road authorities
Division 5--Claims procedure
PART 7--GENERAL
- 117 Power of Ministers to delegate
- 118 Power of road authority to delegate
- 119 Power of the Head, Transport for Victoria to perform road management functions on roads
- 119A Removal of stationary vehicles
- 119B Removal of abandoned property
- 120 Power of road authority to perform road management functions on arterial road
- 121 Agreement to conduct additional works
- 122 Power to charge fees
- 123 Power to charge for services
- 124 Evidentiary provisions
- 125 Resolution of disputes
- 126 Review of decision
- 127 Compensation payable by a road authority in certain circumstances
- 128 Abrogation of obsolete common law road classifications
- 129 Partial abrogation of "ratione tenure" rule
- 130 Obstruction of navigable rivers
- 132 Regulations
- 133 Application of regulations to Link road and Extension road
- 133A Application of regulations to EastLink
- 133B Application of regulations to Peninsula Link Freeway
- 133C Application of regulations to West Gate Tunnel tollway
- 133D Application of regulations to North East Link road
- 134 Application of Act in respect of the Link road and Extension road
- 134AA Application of Schedule 7 in respect of the Link road and the Extension road
- 134A Application of Act in respect of the EastLink and EastLink Corporation
- 134B Application of Schedule 7 in respect of the EastLink
- 134C Peninsula Link Freeway Corporation
- 134D Application of Act in respect of the Peninsula Link Freeway and the Peninsula Link Freeway Corporation
- 134E Application of Schedule 7 in respect of the Peninsula Link Freeway
- 134F Application of Act in respect of the West Gate Tunnel tollway and the West Gate Tunnel Corporation
- 134G Application of Schedule 7 in respect of the West Gate Tunnel tollway
- 134H Application of Act in respect of the North East Link road and the North East Link State Tolling Corporation
- 134I Application of Schedule 7 in respect of the North East Link road
- 135 Transitional and savings provisions
- 135A Acquisition of certain land for the Alphington link
- 135B Cultural and Recreational Lands Act 1963
PART 8--TRANSITIONAL PROVISIONS--TRANSPORT LEGISLATION AMENDMENT ACT 2019
- 136 Definitions
- 137 Application of Interpretation of Legislation Act 1984
- 138 Things done by VicRoads as a road authority before commencement day
- 139 Things commenced but not completed by VicRoads as a road authority before commencement day
- 140 Superseded references
- 141 Authorised officers authorised by VicRoads continue to be authorised officers