Victorian Consolidated Legislation

Road Management Act 2004 - SCHEDULE 2

MANAGEMENT OF ROAD ACCESS

1. Access to freeways

No road, private road or access point is to be connected to a freeway without
the written consent of VicRoads.

2. Decisions relating to access to controlled access roads



(1) A road authority may make a decision in respect of one or more controlled
access roads and particular adjacent land.

(2) A decision under this clause-

   (a)  may be made on the initiative of the road authority or on the
        application of the owner of particular adjacent land; and

   (b)  must be written.

(3) A decision under this clause may specify-

   (a)  the location or locations at which access between the particular
        adjacent land and the controlled access road is permitted;

   (b)  restrictions on the use of a location specified under paragraph (a);

   (c)  conditions on the use of a location specified under paragraph (a);

   (d)  where a particular access facility or a specified type of access
        facility is to be situated;

   (e)  restrictions on the use of an access facility;

   (f)  conditions on the use of an access facility;

   (g)  that access at a specified location or locations is no longer
        permitted;

   (h)  that an access facility for construction at a specified place must be
        of a specified type, standard or extent or be constructed in a
        specified manner;

        (i)    that either the type, standard or extent of the existing access
               facility must be changed in a manner specified by the road
               authority or the use of the access facility must be
               discontinued;

   (j)  that all access between the controlled access road and the land is
        prohibited;

   (k)  that all access between the controlled access road and the land is no
        longer prohibited;

   (l)  that a specified existing access facility must be removed by the owner
        within a specified period;

   (m)  without limiting paragraphs (g) to (l), that anything referred to in
        paragraphs (a) to (f) is, or is to be, changed as specified in the
        decision.

(4) Without limiting subclause (3), a condition or restriction under subclause
(3) may be-

   (a)  a prohibition on the use of the permitted road access location or an
        access facility by pedestrians;

   (b)  a prohibition on turns by motor vehicles going into or out of the
        land;

   (c)  a restriction on the type and number of motor vehicles that the owner
        or occupier or the person who applied for the decision may allow to
        use the permitted road access location;

   (d)  a requirement that the owner or occupier or person who applied for the
        decision is to take specified or other reasonable steps to ensure the
        permitted road access location is used by others in accordance with
        the conditions;

   (e)  a restriction on when the permitted road access location may be used.

(5) A decision or part of a decision may be limited to a specified period by
reference to time or circumstance.

(6) A decision must be consistent with any applicable policy under clause 3.

(7) In this clause, access facility means-

   (a)  a physical means of entry or exit for vehicles between adjoining land
        and a road reserve; or

Example A driveway on adjacent land.

   (b)  infrastructure on a road reserve which provides, or a part of roadway
        which facilitates, entry or exit for traffic between the access
        facility referred to in paragraph (a) and the roadway.

Example A driveway on adjoining land which extends into the road reserve to
connect the driveway to the roadway or an acceleration or deceleration lane of
a roadway which connects to an entry or exit to adjoining land.

3. Policy relating to application of clause 2



(1) A road authority must make a policy about the application of clause 2 to
access between the controlled access road and adjacent land for each
controlled access road proposed to be declared.

(2) A road authority may amend, revoke or substitute a policy made under
subclause (1).

(3) A road authority must provide a copy of any policy made or substituted
under this clause to the responsible authority within the meaning of the
Planning and Environment Act 1987 administering the planning scheme applying
to the area in which the controlled access road is located.

(4) A road authority must notify the responsible authority within the meaning
of the Planning and Environment Act 1987 administering the planning scheme
applying to the area in which the controlled access road is located of any
amendment or revocation of a policy.

(5) A policy made under subclause (1) is not a subordinate instrument for the
purposes of the Interpretation of Legislation Act 1984.

3A. Power to apply, adopt or incorporate



(1) A policy under clause 3 may apply, adopt or incorporate any matter
contained in any document, code, standard, rule, specification or method
formulated, issued, prescribed or published by any authority, person or body
whether-

   (a)  wholly or partially or as amended by the policy; or

   (b)  as formulated, issued, prescribed or published at the time the policy
        is made or at any time before then; or

   (c)  as formulated, issued, prescribed or published from time to time.





(2) If a policy has applied, adopted or incorporated any matter contained in
any document, code, standard, rule, specification or method as formulated,
issued, prescribed or published from time to time and that document, code,
standard, rule, specification or method is at any time amended, until the road
authority causes notice to be published in the Government Gazette of that
amendment, the document, code, standard, rule, specification or method is to
be taken not to have been so amended.

4. VicRoads must consult with municipal council



(1) This clause applies if the road authority proposing to act under section
42 or clause 3 is VicRoads.

(2) Before complying with clause 5, VicRoads must give-

   (a)  details of the proposal to each municipal council which VicRoads
        considers may be affected by the proposal;

   (b)  each municipal council referred to in paragraph (a) a reasonable
        opportunity to make a submission on the proposal to VicRoads.

5. Publication requirements



(1) A road authority must publish a notice of the making, amending or revoking
of a declaration under section 42 or of the making, amending, revoking or
substitution of a policy under clause 3 in the Government Gazette.

(2) A notice under subclause (1) relating to the making, amending or revoking
of a declaration under section 42 must state-

   (a)  the reasons for making, amending or revoking the declaration; and

   (b)  information about the location of the controlled access road
        including-

   (i)  the points at which the controlled access road starts and ends or is
        to be removed; and

   (ii) its alignment; and

   (iii) the boundaries to which limitation of access is to be applied or
        removed.

(3) A notice under subclause (1) must state-

   (a)  that there is a policy in respect of the application of clause 2 to
        access between the public road and adjacent land;

   (b)  if the policy is in substitution for an existing policy, a summary of,
        or a reference to, the existing policy;

   (c)  the text of the policy or details of the places and times when the
        policy can be inspected free of charge;

   (d)  the text of section 60;

   (e)  that a person who is affected by the decision to which the notice
        relates may apply to the Tribunal for review of the road authority's
        decision.

(4) A notice under subclause (1) must-

   (a)  provide information about the circumstances in which compensation may
        be payable under section 127; and

   (b)  specify the date by which a claim for compensation must be lodged with
        the road authority.

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