Victorian Consolidated Legislation

Road Management Act 2004 - SECT 14

Power of VicRoads to make declarations in respect of roads

14. Power of VicRoads to make declarations in respect 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

   (b)  declare a road to be a non-arterial State road or a municipal road; or

   (c)  amend or revoke a declaration under this section.



(2) A declaration under this section-

   (a)  may be included in the notice in which the 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 subsection (1)(a), VicRoads must consider if the road-

   (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 centres; or

   (iii) to major transport terminals; or

   (iv) across or around cities; or

   (b)  is a major route for public transport services; or

   (c)  has State-wide economic or tourism significance; or

   (d)  provides necessary connections between arterial roads.

(4) Subject to subsection (6), VicRoads must give a notice in accordance with
subsection (5) to-

   (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;

   (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 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.

(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 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 subsection (5),
the municipal council or road authority may within 21 days of being notified
of the decision of VicRoads appeal to the Minister.

(8) If VicRoads revokes a declaration made under this section-

   (a)  VicRoads must-

   (i)  make a further declaration under subsection (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

   (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;

   (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 instrument for the
purposes of the Interpretation of Legislation Act 1984.