Victorian Consolidated Legislation

Road Management Act 2004 - SECT 37

Which road authority is the responsible road authority?

37. Which road authority is the responsible road authority?



(1) Subject to sections 15 and 16 and subsections (1A) and (2), the
responsible road authority is-

   (a)  if the road is a freeway, for the whole of the road reserve, VicRoads;

   (b)  if the road is an arterial road-

   (i)  for the part of the roadway used by through traffic, VicRoads; 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

   (vii) for the roadside in an area that is not an urban area, VicRoads; 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-

   (i)  if VicRoads declares by a notice published in the Government Gazette
        that VicRoads is the responsible road authority in respect of the
        non-arterial State road, VicRoads; 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

   (iia) in the case of the land referred to in the Clause in Schedule 3 to
        the Water Act 1989, Melbourne Water Corporation; or

   (iii) if subparagraphs (i) and (ii) 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.

(1A) The EastLink Corporation is the responsible road authority for EastLink.







(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 VicRoads 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.

(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.