ROAD MANAGEMENT ACT 2004 - SECT 3 Definitions
ROAD MANAGEMENT ACT 2004 - SECT 3
Definitions(1) In this Act—
"ancillary area" means an area designated as an ancillary area by the coordinating road authority under section 18;
Example
Any area which is a "park and ride" carpark, rest stop or scenic lookout could be designated as an ancillary area.
"arterial road" means a road which is declared to be an arterial road under section 14;
"authorised officer" means an authorised officer appointed for the purposes of this Act under section 71;
"Code of Practice" means a Code of Practice made under Division 1 of Part 4;
"controlled access road" means a public road in respect of which a declaration is in force under section 42;
"coordinating road authority" in relation to a road, means the road authority which has coordination functions as determined in accordance with section 36;
S. 3(1) def. of Department inserted by No. 49/2019 s. 183(Sch. 3 item 1(a)).
"Department" means the Department of Transport;
"designated road project" means a road project designated by the Minister under section 16 as a designated road project;
S. 3(1) def. of EastLink inserted by No. 95/2005 s. 13(1)(a).
"EastLink" means EastLink within the meaning of the EastLink Project Act 2004 ;
S. 3(1) def. of EastLink Agreement inserted by No. 95/2005 s. 13(1)(a).
"EastLink Agreement" means the freeway use agreement within the meaning of the EastLink Project Act 2004 ;
S. 3(1) def. of EastLink Corporation inserted by No. 95/2005 s. 13(1)(a).
"EastLink Corporation" means the Freeway Corporation within the meaning of the EastLink Project Act 2004 ;
"Extension corporation" has the same meaning as it has in section 3 of the Melbourne City Link Act 1995 ;
"Extension road" has the same meaning as it has in section 3 of the Melbourne City Link Act 1995 ;
S. 3(1) def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 15.1).
"film friendly principles" has the same meaning as in the Filming Approval Act 2014 ;
S. 3(1) def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 15.1).
"film permit" has the same meaning as in the Filming Approval Act 2014 ;
"freeway" means a road declared to be a freeway under section 14 ;
S. 3(1) def. of Head, Transport for Victoria inserted by No. 49/2019 s. 183(Sch. 3 item 1(a)).
"Head, Transport for Victoria" has the same meaning as in section 3 of the Transport Integration Act 2010 ;
"infrastructure" means road infrastructure and non‑road infrastructure;
S. 3(1) def. of infrastructure manager amended by No. 17/2009 s. 10(1).
"infrastructure manager" means—
(a) in relation to road infrastructure, the responsible road authority under section 37; or
(b) subject to subsection (5), in relation to non-road infrastructure, the person or body that is responsible for the provision, installation, maintenance or operation of the non‑road infrastructure;
S. 3(1) def. of Infrastructure Reference Panel inserted by No. 17/2009 s. 11(1)(a).
"Infrastructure Reference Panel" means the Panel established under section 31;
"land" includes any estate, interest, easement, servitude, privilege or right in or over land and strata above or below the surface of land and easements and rights to use strata above or below the surface of land;
"Link corporation" has the same meaning as it has in section 3 of the Melbourne City Link Act 1995 ;
"Link road" has the same meaning as it has in section 3 of the Melbourne City Link Act 1995 ;
"maintenance" of any road and infrastructure includes the execution of all works of any description which are required to keep the road or infrastructure in the state of utility determined in accordance with this Act or any other Act to be appropriate;
S. 3(1) def. of Mitcham-Frankston Freeway inserted by No. 39/2004 s. 262(1), repealed by No. 95/2005 s. 13(1)(b).
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S. 3(1) def. of Mitcham-Frankston Freeway Agreement inserted by No. 39/2004 s. 262(1), repealed by No. 95/2005 s. 13(1)(b).
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S. 3(1) def. of Mitcham-Frankston Freeway Corporation inserted by No. 39/2004 s. 262(1), substituted by No. 14/2005 s. 33(1), repealed by No. 95/2005 s. 13(1)(b).
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"motor vehicle" has the same meaning as it has in section 3(1) of the Road Safety Act 1986 ;
S. 3(1) def. of municipal road amended by No. 49/2019 s. 183(Sch. 3 item 1(b)).
"municipal road" means any road which is not a State road, including any road which—
(a) is a road referred to in section 205 of the Local Government Act 1989 ; or
(b) is a road declared by the Head, Transport for Victoria to be a municipal road under section 14(1)(b); or
(c) is part of a Crown land reserve under the Crown Land (Reserves) Act 1978 and has the relevant municipal council as the committee of management;
"non-arterial State road" means a State road which is not a freeway or an arterial road;
S. 3(1) def. of non-road infrastructure amended by No. 17/2009 s. 12(1)(a).
"non-road infrastructure" means infrastructure in, on, under or over a road which is not road infrastructure;
Note
See the definition of road infrastructure .
Examples
Non-road infrastructure would include gas pipes, water and sewerage pipes, cables, electricity poles and cables, tram wires, rail infrastructure (including boom gates, level crossings and tram safety zones), bus shelters, public telephones, mail boxes, roadside furniture and fences erected by utilities or providers of public transport.
S. 3(1) def. of North East Link operation and maintenance agreement inserted by No. 18/2020 s. 141(b).
North East Link operation and maintenance agreement has the same meaning as it has in section 3 of the North East Link Act 2020 ;
S. 3(1) def. of North East Link operator inserted by No. 18/2020 s. 141(b).
"North East Link operator" has the same meaning as it has in section 3 of the North East Link Act 2020 ;
S. 3(1) def. of North East Link Project inserted by No. 18/2020 s. 141(b).
"North East Link Project" has the same meaning as it has in section 3 of the North East Link Act 2020 ;
S. 3(1) def. of North East Link road inserted by No. 18/2020 s. 141(b).
"North East Link road" has the same meaning as it has in section 3 of the North East Link Act 2020 ;
S. 3(1) def. of North East Link State Tolling Corporation inserted by No. 18/2020 s. 141(b).
North East Link State Tolling Corporation has the same meaning as it has in section 3 of the North East Link Act 2020 ;
S. 3(1) def. of pathway amended by No. 41/2020 s. 9(1)(a).
"pathway" means a footpath, bicycle path or other area constructed or developed by or on behalf of a road authority, the State or a relevant State body for use by members of the public other than with a motor vehicle but does not include any path—
(a) which has not been constructed by or on behalf of a road authority, the State or a relevant State body; or
(b) which connects to other land;
Examples to s. 3(1) def. of pathway amended by No. 41/2020 s. 9(1)(b).
Examples
A footpath or bicycle path constructed on a road reserve by or on behalf of a road authority, the State or a relevant State body for use by the general public would be a pathway.
A foot trodden track over roadside land or a path that connects from a roadway or footpath to privately owned land would not be a pathway.
S. 3(1) def. of Peninsula Link Freeway inserted by No. 70/2012 s. 3(1).
"Peninsula Link Freeway" means the land in the Peninsula Link project area that is declared to be a freeway under section 193 of the Major Transport Projects Facilitation Act 2009 ;
S. 3(1) def. of Peninsula Link Freeway Corporation inserted by No. 70/2012 s. 3(1).
"Peninsula Link Freeway Corporation" means the person who, for the time being, is the Peninsula Link Freeway Corporation under section 134C ;
S. 3(1) def. of Peninsula Link project area inserted by No. 70/2012 s. 3(1).
"Peninsula Link project area" means the area of land designated as the project area for the Peninsula Link Project by the Order under section 95(2) of the Major Transport Projects Facilitation Act 2009 published in Special Government Gazette S91 on 16 March 2010 and as varied from time to time under section 96(3) of the Major Transport Projects Facilitation Act 2009 ;
S. 3(1) def. of Peninsula Link Project Deed inserted by No. 70/2012 s. 3(1).
"Peninsula Link Project Deed" means the deed entered into between the Minister for Roads and Ports on behalf of the Crown in right of the State of Victoria and Southern Way Pty Limited ACN 136 724 733 on 20 January 2010;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 146.1).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
"prescribed" means prescribed by the regulations;
"principal object of road management" means the principal object specified in section 20(1);
S. 3(1) def. of provider of public transport amended by Nos 6/2010
s. 203(1)
(Sch. 6 item 41.1(a)) (as amended by No. 45/2010
s. 22), 13/2009 s. 86.
"provider of public transport" includes—
(a) a rail corporation, a train operator or a tram operator under the Rail Management Act 1996 ; or
(b) a person providing a regular passenger service within the meaning of the Bus Services Act 1995 under the authority of a service contract within the meaning of that Act;
S. 3(1) def. of public authority inserted by No. 41/2020 s. 9(2).
"public authority" means a person or body (including a trust) established by or under an Act for a public purpose other than a road authority;
"public highway" means any area of land that is a highway for the purposes of the common law;
"public road" means a public road within the meaning of section 17 ;
S. 3(1) def. of Public Transport Development Authority inserted by No. 61/2011 s. 25(Sch. 1 item 10.1), repealed by No. 49/2019 s. 183(Sch. 3 item 2).
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"regulate traffic" means restrict, direct, control or prohibit the passage along a road of persons, vehicles or other kinds of traffic;
"regulations" means regulations made under this Act;
S. 3(1) def. of relevant Minister inserted by No. 17/2009 s. 13(1)(a), amended by No. 49/2019 s. 183(Sch. 3 item 1(c)).
"relevant Minister" means—
(a) the Minister administering this Act, if the coordinating road authority is the Head, Transport for Victoria;
(b) the Minister administering the Local Government Act 1989 , if the coordinating road authority is a municipal council;
(c) subject to paragraph (b), the Minister administering the Crown Land (Reserves) Act 1978 , if the coordinating road authority has responsibility for roads under that Act;
(d) the Minister administering the Forests Act 1958 , if the coordinating road authority has responsibility for roads under that Act;
(e) the Minister administering the Land Act 1958 , if the coordinating road authority has responsibility for roads under that Act;
(f) the Minister administering the National Parks Act 1975 , if the coordinating road authority has responsibility for roads under that Act;
(g) if paragraphs (a) to (f) do not apply, the Minister administering the Act under which the road authority has responsibility for roads;
"relevant municipal council", in relation to a road or part of a road, means the municipal council of the municipal district in which the road or the part of the road is located;
S. 3(1) def. of relevant road Minister amended by No. 74/2006 s. 29,
repealed by No. 17/2009 s. 13(1)(b).
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S. 3(1) def. of relevant State body inserted by No. 41/2020 s. 9(2).
"relevant State body" means a public authority specified under section 3A;
"relevant utility Minister", in relation to a utility, means the Minister of the Commonwealth or of Victoria administering the Act under which the utility performs its functions;
"repair" means the taking of any action to remove or reduce a risk arising from a defect in a roadway, pathway or road-related infrastructure, including—
(a) reinstating a road to its former standard following works to install any infrastructure;
(b) reinstating a road to its former standard following deterioration or damage;
(c) providing a warning to road users of a defect in a roadway, pathway or road‑related infrastructure—
but does not include the upgrading of a roadway, pathway or road-related infrastructure;
Examples
Filling in a pothole in a roadway, resurfacing the roadway and erecting a warning sign would be actions to repair the road.
"responsible road authority" in relation to a road, means the road authority which has operational functions as determined in accordance with section 37;
"road" includes—
(a) any public highway;
(b) any ancillary area;
(c) any land declared to be a road under section 11 or forming part of a public highway or ancillary area;
"road authority" means a person or body specified in or under section 37;
S. 3(1) def. of road infrastructure amended by Nos 81/2006 s. 51(a)(b), 41/2020 s. 9(1)(c).
"road infrastructure" means—
(a) the infrastructure which forms part of a roadway, pathway or shoulder, including—
(i) structures forming part of the roadway, pathway or shoulder;
(ii) materials from which a roadway, pathway or shoulder is made;
(b) the road-related infrastructure—
but does not include—
(c) if the irrigation channel, sewer or drain is works within the meaning of the Water Act 1989 , any bridge or culvert over an irrigation channel, sewer or drain, other than a bridge or culvert constructed by or on behalf of a road authority, the State or a relevant State body; or
(d) a bridge or culvert over a sewer or drain constructed under section 132 of the Melbourne and Metropolitan Board of Works Act 1958 ;
Examples
Materials such as asphalt, bitumen, gravel, lane markers and lines would be materials from which a roadway, pathway or shoulder is made.
S. 3(1) def. of road management function amended by Nos 17/2009
s. 12(1)(b), 69/2007 s. 71, 6/2010
s. 203(1)
(Sch. 6 item 41.1(b)(c)) (as amended by No. 45/2010
s. 22), 22/2013 s. 66, 41/2019 s. 117(Sch. 1 item 11.1).
"road management function" means a function, power or duty conferred or imposed on—
(a) a road authority by or under—
(i) this Act;
(ii) the Road Safety Act 1986 ;
(iii) the provisions of the Local Government Act 1989 referred to in section 5(2);
(iv) the Transport (Compliance and Miscellaneous) Act 1983 ;
(iva) the Transport Integration Act 2010 ;
(v) any other Act or law dealing with the management of roads including Subdivision 2 of Division 6 of Part 3 of Rail Safety National Law (Victoria);
(b) a utility, provider of public transport, infrastructure manager or works manager by or under this Act;
"road management infringement" means an offence—
(a) against this Act that is specified in Schedule 8; or
(b) against the regulations that is specified in the regulations to be a road management infringement;
S. 3(1) def. of road-related infrastructure amended by Nos 81/2006 s. 51(c), 74/2007 s. 74, 41/2020 s. 9(1)(d).
"road-related infrastructure" means infrastructure which is constructed or installed by or on behalf of a road authority, the State or a relevant State body for road-related purposes to—
(a) facilitate the operation or use of the roadway or pathway; or
(b) support or protect the roadway or pathway;
Examples to s. 3(1) def. of road-related infrastructure amended by No. 41/2020 s. 9(1)(e).
Examples
A traffic control sign, traffic light, street light, road drain or embankment would be road-related infrastructure.
A noise wall, gate, post or board installed on the road reserve by or on behalf of a road authority, the State or a relevant State body for road-related purposes would be road-related infrastructure.
"road reserve" means all of the area of land that is within the boundaries of a road;
"roadside" means any land that is within the boundaries of a road (other than the shoulders of the road) which is not a roadway or a pathway and includes the land on which any vehicle crossing or pathway which connects from a roadway or pathway on a road to other land has been constructed;
Example
Any nature strip, forest, bushland, grassland or landscaped area within the road reserve would be roadside.
S. 3(1) def. of roadway amended by No. 41/2020 s. 9(1)(f).
"roadway" means—
(a) in the case of a public road, the area of the public road that is open to or used by members of the public and is constructed or developed by or on behalf of a road authority, the State or a relevant State body for the driving or riding of motor vehicles;
(b) in the case of any other road, the area of the road within the meaning of road in section 3(1) of the Road Safety Act 1986 —
but does not include a driveway providing access to the public road or other road from adjoining land;
S. 3(1) def. of Secretary inserted by No. 49/2019 s. 183(Sch. 3 item 1(a)).
"Secretary" means Secretary to the Department of Transport;
"shoulder" means the cleared area, whether or not constructed or sealed, next to a roadway that provides clearance between the roadway and the roadside but does not include any area that is not in the road reserve;
S. 3(1) def. of specified bicycle road inserted by No. 17/2009 s. 14(2).
"specified bicycle road" means a road or part of a road which is specified under section 42A to be a specified bicycle road;
S. 3(1) def. of specified bus road
inserted by No. 17/2009 s. 14(2).
"specified bus road" means a road or part of a road which is specified under section 42A to be a specified bus road;
S. 3(1) def. of specified freight road inserted by No. 17/2009 s. 14(2).
"specified freight road" means a road or part of a road which is specified under section 42A to be a specified freight road;
S. 3(1) def. of specified pedestrian
road
inserted by No. 17/2009 s. 14(2).
"specified pedestrian road" means a road or part of a road which is specified under section 42A to be a specified pedestrian road;
S. 3(1) def. of specified road inserted by No. 17/2009 s. 14(2).
"specified road" means a road or part of a road which is specified under section 42A to be a specified road in respect of which a mode of transport is to have priority;
S. 3(1) def. of specified tram road
inserted by No. 17/2009 s. 14(2).
"specified tram road" means a road or part of a road which is specified under section 42A to be a specified tram road;
"State road" means a road which—
(a) is a freeway or arterial road; or
(b) is declared to be a non-arterial State road under this Act; or
(c) is the responsibility of a State road authority under another Act;
S. 3(1) def. of State road authority amended by Nos 39/2004 s. 262(2), 95/2005 s. 13(1)(c), 70/2012 s. 3(2), 8/2019 s. 130(1), 18/2020 s. 141(a).
"State road authority" means a road authority other than a municipal council, the Extension corporation, the Link corporation, EastLink Corporation, the Peninsula Link Freeway Corporation, West Gate Tunnel Corporation or North East Link State Tolling Corporation;
"the Agreement" has the same meaning as it has in section 3 of the Melbourne City Link Act 1995 ;
"the Extension Agreement" has the same meaning as it has in section 3 of the Melbourne City Link Act 1995 ;
the Integration and Facilitation Agreement has the same meaning as it has in section 3 of the Melbourne City Link Act 1995 ;
"traffic" includes vehicular, pedestrian and all other kinds of traffic;
"Tribunal" means the Victorian Civil and Administrative Tribunal established under the Victorian Civil and Administrative Tribunal Act 1998 ;
"urban area" means, in relation to a road, an area in which—
(a) a speed limit of 60 kilometres per hour or less applies not being a speed limit which applies only because of a temporary reason such as roadworks or a street event; or
(b) there are buildings on land next to the road, or there is street lighting, at intervals not exceeding 100 metres for—
(i) a distance of at least 500 metres; or
(ii) if the length of the road is less than 500 metres, over the length of the road;
S. 3(1) def. of Utilities' Infrastructure Reference Panel repealed by No. 17/2009 s. 11(1)(b).
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S. 3(1) def. of utility amended by Nos 61/2005 s. 221(1), 17/2009 s. 12(1)(c).
"utility" means—
(a) an entity (whether publicly or privately owned) which provides, or intends to provide, water, sewerage, drainage, gas, electricity, telephone, telecommunication or other like services under the authority of an Act of Victoria or the Commonwealth;
(b) any person who under the Pipelines Act 2005 is the holder of a licence to construct and operate a pipeline;
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S. 3(1) def. of VicRoads amended by No. 6/2010 s. 203(1) (Sch. 6 item 41.1(d)) (as amended by No. 45/2010 s. 22), repealed by No. 49/2019 s. 183(Sch. 3 item 1(d)).
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S. 3(1) def. of West Gate Tunnel Agreement inserted by No. 8/2019 s. 130(2).
"West Gate Tunnel Agreement" has the same meaning as it has in section 3 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 ;
S. 3(1) def. of West Gate Tunnel Corporation inserted by No. 8/2019 s. 130(2).
"West Gate Tunnel Corporation" has the same meaning as it has in section 3 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 ;
S. 3(1) def. of West Gate Tunnel operator inserted by No. 8/2019 s. 130(2).
"West Gate Tunnel operator" has the same meaning as it has in section 3 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 ;
S. 3(1) def. of West Gate Tunnel tollway inserted by No. 8/2019 s. 130(2).
"West Gate Tunnel tollway" has the same meaning as it has in section 3 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 ;
"works" includes any kind of activity conducted on or in the vicinity of a road or proposed road in connection with the construction, maintenance or repair of the road or the installation, maintenance or repair of any infrastructure in, on, under or over a road and without limiting the generality of this definition includes—
(a) excavating or breaking up the surface of a road;
(b) erecting a structure in, on or over a road;
(c) removing or interfering with any structure or marking on a road;
(d) planting or removing a tree or other vegetation;
(e) tunnelling under a road;
(f) connecting a road to a road;
(g) installing pipes, drains, cables, poles, buildings, shelters or other structures on a road reserve;
(h) erecting any obstruction on a road or otherwise impeding the use of a road for the purpose of conducting any works;
"works and infrastructure management principles" means the principles specified in section 20(2);
"works manager" means any person or body that is responsible for the conduct of works in, on, under or over a road.
Note
This includes all works whether related to road infrastructure or non-road infrastructure.
(2) A reference to a road authority is to be construed as a reference to the road authority which has, in respect of the relevant part of a road, or in respect of road infrastructure or vegetation in the relevant part of a road, coordination functions in accordance with section 36 or operational functions in accordance with section 37.
(3) A reference to a register of public roads is to be construed as a reference to the register of public roads kept by the relevant road authority.
S. 3(3A) inserted by No. 17/2009 s. 13(2).
(3A) A reference in any Regulations or a Code of Practice to the relevant road Minister is to be construed as a reference to the relevant Minister.
(4) A reference to the Minister administering a specified Act is to be construed as a reference to the Minister administering the relevant provisions of the Act.
S. 3(5) inserted by No. 17/2009 s. 10(2), amended by Nos 61/2011 s. 25(Sch. 1 item 10.2(a)), 49/2019 s. 183(Sch. 3 item 3).
(5) A reference to an infrastructure manager in section 5, 48, 48A, 64, 101, 104 or 110 or Schedule 7, or any regulations made under this Act or a Code of Practice in relation to any non-road infrastructure does not include a reference to the Head, Transport for Victoria or Victorian Rail Track unless the Head, Transport for Victoria or Victorian Rail Track (as the case may be)—
(a) is directly responsible for the provision, installation, maintenance or operation of that non-road infrastructure; or
(b) has not delegated responsibility for those matters to another infrastructure manager; or
S. 3(5)(c) amended by No. 61/2011 s. 25(Sch. 1 item 10.2(b)).
(c) is not a party to a contract with another infrastructure manager under which responsibility for those matters is accepted by that infrastructure manager.
S. 3A inserted by No. 41/2020 s. 10.