Victorian Consolidated Legislation

Road Management Act 2004 - SECT 17

What is a public road?

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

   (da) declared under section 143 of the EastLink Project Act 2004; 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).

(2) The relevant coordinating road authority for a public road specified in
subsection (1)(a), (1)(b), (1)(c), (1)(d), (1)(da), (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.