Victorian Consolidated Legislation

Road Management Act 2004 - SECT 63

Interference with a road

63. Interference with a road



(1) Subject to subsection (2), a person must not conduct any works in, on,
under or over a road without the written consent of the coordinating road
authority to the conduct of the proposed works.

Penalty: In the case of a natural person, 10 penalty units; In the case of a
body corporate, 50 penalty units.

(2) Subsection (1) does not apply if-

   (a)  the person is required to conduct the works by specific requirements
        specified in or under any other Act and the works are conducted in
        accordance with those requirements; or

Example A person who is required to keep a tree clear of an electric line
under section 86 of the Electricity Safety Act 1998 is not required to obtain
written consent from VicRoads to carry out that requirement although the
person is conducting works.

   (b)  the person is a public body and has obtained a consent under
        section 99(1) or 99(4) of the Melbourne City Link Act 1995; or

   (ba) the person is a Utility and is acting in accordance with-

   (i)  an approved Utility agreement within the meaning of the
        EastLink Project Act 2004; or

   (ii) a determination under Division 8 of Part 8 of the
        EastLink Project Act 2004; or

   (iii) a direction under section 165, 166, 173, 174 or 175 of the
        EastLink Project Act 2004; or

   (c)  an exemption under section 23 applies; or

   (d)  an exemption in accordance with the regulations applies; or

   (e)  the works are conducted in an emergency by, or with the authority of,
        the relevant infrastructure manager.

Examples Subsection (1) will not apply if the works are conducted by a utility
in relation to an emergency. Subsection (1) will not apply if the works are
conducted in the exercise of emergency powers under the
Emergency Management Act 1986.