Victorian Consolidated Legislation

Road Management Act 2004 - SECT 57

Review of required payments

57. Review of required payments



(1) An owner who is required to make a payment under section 56 may object in
writing to the State road authority on any of the grounds specified in
subsection (2) within-

   (a)  1 month after receipt of the notice; or

   (b)  any longer time allowed by the State road authority and specified in
        the notice.

(2) The grounds are-

   (a)  that the land of the owner will not benefit from the construction of
        the new public road;

   (b)  if there are several parcels of land that will benefit, that the basis
        of distribution of the cost between the owners of those parcels of
        land is unreasonable;

   (c)  that the amount is excessive;

   (d)  that the proposed works are excessive or are inappropriate;

   (e)  if there are several parcels of land that will benefit, that any owner
        who has been required to pay should not be required to do so, or that
        any owner who has not been required to pay should be required to do
        so;

   (f)  in the case of a notice under section 56(1), any other grounds.

(3) A State road authority must, within 2 months after receipt of an
objection, notify the person of its decision on the objection.

(4) An owner may apply to the Tribunal for review of the State road
authority's decision on the owner's objection on any of the grounds specified
in paragraphs (a) to (f) of subsection (2).

(5) An application for review must be made within 28 days after the later of-

   (a)  the day on which the decision is made;

   (b)  if, under the Victorian Civil and Administrative Tribunal Act 1998,
        the owner requests a statement of reasons for the decision, the day on
        which the statement of reasons is given to the owner or the owner is
        informed under section 46(5) of that Act that a statement of reasons
        will not be given.