Victorian Consolidated Legislation

Road Management Act 2004 - SECT 5

Interpretation and application of Act

5. Interpretation and application of Act



(1) Subject to this section, if there is an inconsistency between this Act and
any other Act in relation to the performance of a road management function,
the provisions of this Act prevail.

(2) If a road authority is a municipal council, the provisions of section 3E,
Division 2 of Part 9 and Schedules 10 and 11 of the Local Government Act 1989
apply and are to be construed for the purposes of this Act as if those
provisions formed part of this Act.

(3) If the road authority is VicRoads, the provisions of the
Transport Act 1983 relating to VicRoads are to be construed as being in
addition to and not in derogation from the provisions of this Act.

(4) This Act applies to infrastructure managers and works managers in relation
to the installation of non-road infrastructure on roads despite the provisions
of any other Act or law to the contrary.

(5) The Building Act 1993 does not apply to, or in respect of, any
infrastructure or structure on, over or under, land or a stratum that forms
part of a road unless the infrastructure or structure-

   (a)  is installed or constructed on adjacent land and extends over, onto or
        under the road; or

   (b)  is a building on an ancillary area or roadside.

Examples The Building Act 1993 does not apply to structures such as bridges,
culverts and tunnels that form part of the road itself. The Building Act 1993
does apply to structures such as a hotel balcony or a shop verandah that
extends over a footpath, a building that straddles a road or that is beneath
an elevated road or bridge or above a road tunnel. The Building Act 1993 does
apply to structures such as a toilet block, bus shelter, shed or control booth
on a roadside area or on an ancillary area.

(6) This Act does not affect the application to any roadside area of any other
Act or law relating to the management of land.

Example Section 20(2) of the Catchment and Land Protection Act 1994 which
provides that a land owner must take all reasonable steps to prevent the
spread of regionally controlled weeds and established pest animals on a
roadside that adjoins the land owner's land is not affected by this Act.

(7) This Act is subject to the Melbourne City Link Act 1995, the Agreement,
the Extension Agreement and the Integration and Facilitation Agreement.

(8) The Link corporation, the Extension corporation or the Link operator, the
Extension operator, their delegates or any lessee within the meaning of the
Melbourne City Link Act 1995 must not exercise any power under this Act in a
manner that is not consistent with the Melbourne City Link Act 1995, the
Agreement, the Extension Agreement or the Integration and Facilitation
Agreement.

(8A) This Act is subject to the EastLink Project Act 2004 and the EastLink
Agreement.





(8B) The EastLink Corporation must not exercise any power or carry out any
duty under this Act in a manner that is not consistent with the
EastLink Project Act 2004 or the EastLink Agreement.



(9) This Act is not intended to affect native title rights and interests
otherwise than in accordance with the Native Title Act 1993 of the
Commonwealth.

(10) This Act does not limit the operation of-

   (a)  section 37A of the Transport Act 1983; or

   (b)  section 254B of the Transport Act 1983 as proposed to be inserted in
        that Act by section 4 of the Transport (Highway Rule) Act 2002.