ROAD MANAGEMENT ACT 2004 - SECT 17 What is a public road?
ROAD MANAGEMENT ACT 2004 - SECT 17
What is a public road?(1) A road is a public road if it is—
(a) a freeway; or
(b) an arterial road; or
(c) declared under section 204(1) of the Local Government Act 1989 ; or
(d) declared under section 61 or 93H of the Melbourne City Link Act 1995 ; or
S. 17(1)(da) inserted by No. 39/2004 s. 264(1), amended by No. 95/2005 s. 13(2)(b).
(da) declared under section 143 of the EastLink Project Act 2004 ; or
S. 17(1)(db) inserted by No. 70/2012 s. 5(1).
(db) the Peninsula Link Freeway; or
S. 17(1)(dc) inserted by No. 8/2019 s. 132.
(dc) the West Gate Tunnel tollway; or
S. 17(1)(dd) inserted by No. 18/2020 s. 143.
(dd) the North East Link road; or
(e) a road to which subsection (3) applies; or
(f) a non-arterial State road declared under section 14(1); or
(g) a municipal road declared under section 14(1).
S. 17(2) amended by Nos 39/2004 s. 264(2), 70/2012 s. 5(2).
(2) The relevant coordinating road authority for a public road specified in subsection (1)(a), (1)(b), (1)(c), (1)(d), (1)(da), (1)(db), (1)(f) or (1)(g) must register the public road on its register of public roads.
(3) Subject to section 14(7), the relevant coordinating road authority must register on its register of public roads a road in respect of which the road authority has made a decision that the road is reasonably required for general public use.
Example
A road set aside as a road in a plan of subdivision registered under the Subdivision Act 1988 is not a public road for the purposes of this Act unless and until a decision is made under subsection (3).
(4) A road authority must remove a road from its register of public roads if the road authority has made a decision that the road is no longer reasonably required for general public use.
(5) The removal of a public road from the register of public roads or the non-inclusion of a road on the register of public roads does not affect the status of the road as a public highway or affect the right of public use of the public highway.