Victorian Consolidated Legislation

Road Management Act 2004 - SECT 3

Definitions

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; designated road project means a road project
designated by the Minister under section 16 as a designated road project;
EastLink means EastLink within the meaning of the EastLink Project Act 2004;

EastLink Agreement means the freeway use agreement within the meaning of the
EastLink Project Act 2004;

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; freeway means a road declared
to be a freeway under section 14; infrastructure means road infrastructure and
non-road infrastructure;

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;
        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;

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motor vehicle has the same meaning as it has in section 3(1) of the
Road Safety Act 1986; 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 VicRoads 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; 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. pathway means a footpath, bicycle path or other area
        constructed or developed by a responsible road authority 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 a responsible road authority; or

   (b)  which connects to other land; Examples A footpath or bicycle path
        constructed on a road reserve by a responsible road authority 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. prescribed means
        prescribed by the regulations; principal object of road management
        means the principal object specified in section 20(1); provider of
        public transport includes-

   (a)  a rail corporation, a train operator or a tram operator under the
        Rail Corporations Act 1996; or

   (b)  a person providing a regular passenger service within the meaning of
        the Public Transport Competition Act 1995 under the authority of a
        service contract within the meaning of that Act; 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;
        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; relevant Minister
        means-

   (a)  the Minister administering this Act, if the coordinating road
        authority is VicRoads;

   (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;

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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; 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
        a road authority; 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. 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 Act 1983;

   (v)  any other Act dealing with the management of roads;

   (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; road-related infrastructure means
        infrastructure which is installed or constructed by the relevant road
        authority 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 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 the relevant road authority 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. 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 developed by a road
        authority 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; 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; specified bicycle road means a road
        or part of a road which is specified under section 42A to be a
        specified bicycle road;

specified bus road means a road or part of a road which is specified under
section 42A to be a specified bus road;

specified freight road means a road or part of a road which is specified under
section 42A to be a specified freight road;

specified pedestrian road means a road or part of a road which is specified
under section 42A to be a specified pedestrian road;

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; 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;
        State road authority means a road authority other than a municipal
        council, the Extension corporation, the Link corporation or EastLink
        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;

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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;

* * * * * VicRoads means the Roads Corporation established under Part II of
the Transport Act 1983; 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.

(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.

(5) A reference to an infrastructure manager in section 5, 48, 48A, 48C, 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 Director of Public Transport or Victorian Rail Track unless
the Director of Public Transport 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

   (c)  has not entered into a contract with another infrastructure manager
        under which responsibility for those matters is accepted by that
        infrastructure manager.