ROAD MANAGEMENT ACT 2004 - SECT 37 Which road authority is the responsible road authority?
ROAD MANAGEMENT ACT 2004 - SECT 37
Which road authority is the responsible road authority?S. 37(1) amended by Nos 39/2004 s. 265(1), 70/2012 s. 6(1), 8/2019 s. 133(1), 18/2020 s. 144(1).
(1) Subject to sections 15 and 16 and subsections (1A), (1B), (1C), (1D), (1E), (1F) and (2), the responsible road authority is—
S. 37(1)(a) amended by No. 49/2019 s. 183(Sch. 3 item 15(a)).
(a) if the road is a freeway, for the whole of the road reserve, the Head, Transport for Victoria;
(b) if the road is an arterial road—
S. 37(1)(b)(i) amended by No. 49/2019 s. 183(Sch. 3 item 15(a)).
(i) for the part of the roadway used by through traffic, the Head, Transport for Victoria; and
(ii) for any part of the roadway not used by through traffic, the municipal council of the municipal district in which that part is located; and
(iii) for any service road, the municipal council of the municipal district in which the service road is located; and
(iv) for the median strip between the roadway and the service road, the municipal council of the municipal district in which the median strip is located; and
(v) for any pathway, other than a pathway on a freeway road reserve, the municipal council of the municipal district in which the pathway is located; and
(vi) for the roadside in an urban area, the municipal council of the municipal district in which the road is located; and
S. 37(1)(b)(vii) amended by No. 49/2019 s. 183(Sch. 3 item 15(a)).
(vii) for the roadside in an area that is not an urban area, the Head, Transport for Victoria; and
(viii) which is not located in a municipal district, the person or body specified for the purposes of subparagraphs (ii) to (vi) by the Minister in a notice published in the Government Gazette;
(c) if the road is a non-arterial State road, the person or body prescribed in respect of the non-arterial State road or in respect of a class of roads in which the non-arterial State road is included; or
(d) if the road is a non-arterial State road and no person or body is prescribed in respect of the non-arterial State road—
S. 37(1)(d)(i) amended by No. 49/2019 s. 183(Sch. 3 item 15(a)).
(i) if the Head, Transport for Victoria declares by a notice published in the Government Gazette that the Head, Transport for Victoria is the responsible road authority in respect of the non‑arterial State road, the Head, Transport for Victoria; or
(ii) if the non-arterial State road is on land administered under the Crown Land (Reserves) Act 1978 , the Forests Act 1958 , the Land Act 1958 , the National Parks Act 1975 or the Alpine Resorts (Management) Act 1997 , the person or body specified in or in accordance with that Act in respect of the non-arterial State road; or
S. 37(1)(d)(iia) inserted by No. 85/2006 s. 165.
(iia) in the case of the land referred to in the Clause in Schedule 3 to the Water Act 1989 , Melbourne Water Corporation; or
S. 37(1)(d)(iii) amended by No. 55/2013 s. 26(1).
(iii) if subparagraphs (i), (ii) and (iia) do not apply, the Crown;
(e) if the road is a municipal road, the municipal council of the municipal district in which the road or part of the road is situated;
(f) if the area is an ancillary area of a road, the responsible road authority for the road of which the area is an ancillary area.
S. 37(1A) inserted by No. 39/2004 s. 265(2), amended by No. 95/2005 s. 13(2)(c)(d).
(1A) The EastLink Corporation is the responsible road authority for EastLink.
S. 37(1B) inserted by No. 70/2012 s. 6(2).
(1B) The Peninsula Link Freeway Corporation is the responsible road authority for the Peninsula Link Freeway.
S. 37(1C) inserted by No. 8/2019 s. 133(2).
(1C) The Link corporation is the responsible road authority for the Link road.
S. 37(1D) inserted by No. 8/2019 s. 133(2).
(1D) The Extension corporation is the responsible road authority for the Extension road.
S. 37(1E) inserted by No. 8/2019 s. 133(2).
(1E) The West Gate Tunnel Corporation is the responsible road authority for the West Gate Tunnel tollway.
S. 37(1F) inserted by No. 18/2020 s. 144(2).
(1F) The North East Link State Tolling Corporation is the responsible road authority for the North East Link road.
(2) In relation to road-related infrastructure on a road, the responsible road authority is—
(a) subject to paragraph (b), the responsible road authority for the roadway or pathway to which the road-related infrastructure relates; or
(b) if a road authority other than the responsible road authority specified in paragraph (a) has responsibility under any other Act for the road-related infrastructure, that road authority.
Example to s. 37(2) amended by No. 49/2019 s. 183(Sch. 3 item 15(b)).
Example
The Head, Transport for Victoria would be the responsible road authority for speed signs and traffic lights on an arterial road even though the speed signs are located on a roadside for which the municipal council would be the responsible road authority. However, a municipal council would be the responsible road authority for a parking meter installed on the arterial road in the exercise of powers under the Local Government Act 1989 .
S. 37(2A) inserted by No. 93/2009 s. 25.
(2A) Despite subsection (2), the regulations may provide that a prescribed road authority is the responsible road authority for prescribed road-related infrastructure, or a prescribed class of road-related infrastructure, on a prescribed road, or a prescribed class of road.
(3) A Code of Practice may include guidelines relating to principles for ascertaining—
(a) which road authority is responsible where parts of a road which are allocated to different road authorities abut; and
(b) which matters are the responsibility of which road authority where different parts of a road are allocated to different road authorities and there are areas between those parts.
(4) A declaration for the purposes of subsection (1)(d)(i) may be included in the notice under which a declaration under section 11 or 14 is made.