Victorian Consolidated Legislation

Road Management Act 2004 - SECT 12

Discontinuance of roads

12. Discontinuance of roads



(1) A road can be discontinued in accordance with this section.

(2) The following persons may, by notice published in the Government Gazette,
discontinue a road or part of a road-

   (a)  the coordinating road authority for the road or part of the road;

   (b)  if VicRoads is not the coordinating road authority for the road or
        part of the road, VicRoads with the consent, in writing, of the
        relevant coordinating road authority.

(3) If a road is discontinued and the land is not Crown land, the land vests
in the discontinuing body.



(4) Subject to subsection (11), the discontinuing body 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 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 discontinuing body
        is aware, installed in, on, under or over the road.

(5) The discontinuing body must consider any written submission which is
received by the discontinuing body within 28 days after the publication of the
public notice under subsection (4).

(6) Any person who has made a written submission to the discontinuing body and
requested that the person be heard in support of the written submission is
entitled to appear in person or by a person acting on behalf of that person at
a meeting with the discontinuing body.

(7) The discontinuing body must-

   (a)  fix the day, time and place of the meeting for the purpose of
        subsection (6); and

   (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 the submission as the person to whom notice is to be
        given.

(8) The discontinuing body must take into consideration all the submissions
made under this section.

(9) If subsection (4)(b) applies, the discontinuing body must have regard to
the works and infrastructure management principles.

(10) After the discontinuing body has made a decision, the discontinuing body
must 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 specified in the submission as the person to whom notice
        is to be given; and

   (c)  if the decision to discontinue is made by VicRoads under a consent
        under subsection (2)(b), the coordinating authority for the road-

of the decision and the reasons for the decision.

(11) Subsections (4) to (10) do not apply in respect of a proposed
discontinuance if an exemption-

   (a)  specified by the regulations applies; or

   (b)  is given by the relevant Minister by a notice published in the
        Government Gazette which specifies the specific proposed
        discontinuance or which specifies a class of cases which includes the
        proposed discontinuance.

(12) In this section, discontinuing body means-

   (a)  if a consent under subsection (2)(b) has not been given, the relevant
        coordinating road authority for the road; or

   (b)  if consent has been given under subsection (2)(b), VicRoads.