ROAD MANAGEMENT ACT 2004

Victorian Consolidated Legislation

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ROAD MANAGEMENT ACT 2004

No. 12 of 2004
Version incorporating amendments as at 1 July 2009

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose and outline
2. Commencement
3. Definitions
4. Object of Act
5. Interpretation and application of Act
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 VicRoads 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
48C. Repealed
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 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 operator
48F. Notification of road authorities before rail 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 Secretary
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 Director of Public Transport required to install,
attach or affix rubbish bin or cigarette disposal unit
48P. Power of Director of Public Transport 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

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 member of police force
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 relevant road authority
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
91-95. Repealed
96. Institution of proceedings for offences

PART 6-CIVIL LIABILITY

Division 1-General

97. Definitions
98. Effect of this Part

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

112. Right to recover for damage to road
113. Duty of owner or occupier of adjoining land

Division 5-Claims procedure

114. Purpose of Division
115. Notice of incident
116. Preparation of condition report

PART 7-GENERAL

117. Power of Ministers to delegate
118. Power of road authority to delegate
119. Power of VicRoads 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
131. Repealed
132. Regulations
133. Application of regulations to Link road and Extension road
133A. Application of regulations to EastLink
134. Application of Act in respect of the Link road and Extension
road
134A. Application of Act in respect of the EastLink and EastLink Corporation
134B. Application of Schedule 7 in respect of the EastLink
135. Transitional and savings provisions

PART 8-Repealed

136-179. Repealed
__________________
SCHEDULE 1-Registers of Public Roads
1. Matters which must be included in a register of public roads
2. Matters which may be included in a register of public roads
SCHEDULE 2-Management of Road Access
1. Access to freeways
2. Decisions relating to access to controlled access roads
3. Policy relating to application of clause 2.
3A. Power to apply, adopt or incorporate
4. VicRoads must consult with municipal council
5. Publication requirements
SCHEDULE 3-Specific Powers of State Road Authorities
1. Power to inspect, construct, maintain and repair roads
2. Power to determine the standard of construction
3. Power to deviate roads
4. Power to remove unlawful objects from road reserve
5. Power to erect signs and number roads
6. Power to establish survey marks
7. Power to provide for temporary roads
8. Powers concerning fences, gates and by-passes
9. Powers concerning crossings over footpaths and channels
10. Power to remove certain trees or vegetation
11. Available land
SCHEDULE 4-Specific Traffic Management Powers of State
Road Authorities
1. General power to manage traffic
2. Powers concerning parking
3. Power to issue special parking permits
4. Power to remove unregistered or abandoned vehicles
5. Power to remove vehicles causing obstruction or danger
6. Power to move other obstructions
7. Power to restrict traffic near a construction site
8. Power to close roadway or pathway on seasonal basis
9. Power to erect and remove works and structures
10. Power to place obstructions or barriers on a roadway
permanently
11. Power to place obstructions or barriers on a roadway
temporarily
12. Power to restrict use of roadway by vehicles of a certain size
13. Power to determine speed limits
14. Power to prohibit traffic on unsafe roads
SCHEDULE 5-Road Property Provisions, Powers and Duties
1. Vesting of roads and public highways
2. Nature of ownership of road
3. Boundary of road if no boundary fixed
4. Obligations in relation to fencing
5. Power of State road authority to use road for other functions
6. Right to support
7. Powers may be exercised in relation to a stratum
8. Power to use public land with consent
9. Power to grant lease or licence
10. Infrastructure not part of land
11. Acquisition of land
12. Powers of Registrar of Titles
13. VicRoads may be appointed as committee of management
14. No private right of way or easement on road
15. VicRoads may sell land if road or part of road discontinued
SCHEDULE 5A-Specific Provisions relating to the M1 Redevelopment Project

PART 1-INTRODUCTORY
1. Definitions

PART 2-M1 REDEVELOPMENT PROJECT AND REDEVELOPMENT PROJECT AREA
2. M1 Redevelopment Project
3. Redevelopment Project area
4. Changes to Redevelopment Project area
5. Consolidated plans
6. Link Upgrade area

PART 3-PLANNING CONTROLS IN THE
REDEVELOPMENT PROJECT AREA
7. Amendment of planning schemes
8. VicRoads to be referral authority
9. Planning compensation

PART 4-ACQUISITION OF REDEVELOPMENT PROJECT LAND

Division 1-Acquisition of land in Redevelopment Project area
Subdivision 1-General
10. Application of Division to M1 Redevelopment Project
11. Modification of Land Acquisition and Compensation Act 1986-general
12. Modification of Land Acquisition and Compensation Act 1986-regulations
13. Cultural and Recreational Lands Act 1963.
Subdivision 2-Special acquisition process
14. Election by VicRoads
15. Notice of intention to acquire
16. Further modification of Land Acquisition and
Compensation Act 1986.
17. Modification of Part 2 of the Land Acquisition and Compensation Act 1986.
18. Modification of section 104 of the Land Acquisition and Compensation Act 1986.
19. Further modification of Land Acquisition and
Compensation Act 1986-regulations

Division 2-Acquisition of native title rights and interests
20. Compulsory acquisition of native title rights and interests
21. Procedure for acquisition
22. Referral of objections to Tribunal
23. Determination of Tribunal on objection
24. Disputed claims for compensation: native title land
25. Cultural and Recreational Lands Act 1963.

PART 5-PROVISION OF PUBLIC LAND AND COUNCIL
LAND

Division 1-Surrender or divesting of public land and council
land
26. Surrender or divesting of land of public authorities and
Councils
27. Surrender of interests in unreserved Crown land
28. Effect of surrender or divesting
29. Temporary reservation may be amended or revoked

Division 2-Removal of reservations on land
30. Land Acts not to apply
31. Revocation of reservations-entire reservation

32. Revocation of reservations-part of reservation
33. Effect of revocation of reservation
34. Temporary reservation may be amended or revoked

Division 3-Continuation of roads
35. Orders may continue or declare roads

PART 6-ENTRY INTO POSSESSION OF CERTAIN REDEVELOPMENT PROJECT LAND
36. Definitions
37. Power to enter into possession
38. VicRoads must try to obtain agreement
39. Time for entry into possession-general
40. Time for entry into possession-residence or business
41. Early entry of place of residence or business
42. Occupation may be extended by agreement
43. Continued occupation without agreement
44. Recovery of rent
45. Proceedings where refusal to give up possession
46. Residential Tenancies Act 1997 not to apply
47. Giving of notices and documents
48. Minor misdescription not to invalidate notice
49. Process under this Part may be completed

PART 7-COMPENSATION FOR SURRENDERED OR DIVESTED OR RESERVED LAND
50. Compensation-surrender, divesting or revocation of
reservation
51. Compensation for municipal councils in certain circumstances
52. No other compensation payable

PART 8-GENERAL
53. Effect of reservation of a stratum of Crown land
54. Action by Registrar of Titles
SCHEDULE 6-Specific Protection of Roads and Adjoining Land Powers of State Road Authorities
1. Exercise of powers in relation to private roads
2. Power concerning holes and other dangers
3. Power in respect of neighbouring land
4. Power of State road authority to take remedial action
5. Power to take actions to secure structural integrity of road
SCHEDULE 7-Infrastructure and Works on Roads

PART 1-SPECIFIC DUTIES OF INFRASTRUCTURE MANAGERS OR WORKS MANAGERS
1. Duty to apply principles
2. Duty to act in accordance with good engineering practice or relevant industry standard
3. Duty to have traffic management plan
4. Duty to cooperate
5. Duty to avoid unnecessary delay or obstruction or interference with infrastructure
6. Duty to maintain non-road infrastructure or related works to a satisfactory standard
7. Duty to give notice to relevant coordinating road authority
8. Duty to give notice to other infrastructure manager or works manager
9. Duty to provide information
10. Duty to consult members of the public
11. Duty to take other reasonable measures to minimise disruption and ensure safety
12. Duty to reinstate
13. Notice of completion of works

PART 2-SPECIFIC POWERS OF COORDINATING ROAD AUTHORITIES WITH RESPECT TO INFRASTRUCTURE
AND WORKS ON ROADS
14. Principles applying to infrastructure managers and works managers
15. Duties of infrastructure managers and works managers
16. Consent of coordinating road authority
17. Process applying to applications for written consent
18. Agreements in respect of proposed works
19. Power to rectify works on a road
20. Power to require removal, relocation, replacement or upgrade
of existing non-road infrastructure
SCHEDULE 7A-Street Lighting
1. Definitions
2. Power to install street lighting
3. Responsibility for installation and operating costs of street lighting
4. Transitional provisions-cost allocation tables for arterial
roads
SCHEDULE 8-Road Management Infringements
SCHEDULE 9-Transitional and Savings Provisions
1. Declaration of existing roads
2. Savings provisions
SCHEDULE 10-Further Transitional and Savings Provisions
1. Application of section 63.
2. Provisions relating to exempt projects
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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