Victorian Consolidated Legislation

Road Management Act 2004 - SCHEDULE 7

INFRASTRUCTURE AND WORKS ON ROADS



1. Duty to apply principles

An infrastructure manager or works manager must have regard to the principles
in clause 14 in the performance of its functions or the exercise of powers in
the provision of non-road infrastructure on roads.

2. Duty to act in accordance with good engineering practice or relevant
industry standard

An infrastructure manager or works manager must in installing non-road
infrastructure and conducting related works apply good engineering practice
and relevant industry standards.

3. Duty to have traffic management plan

An infrastructure manager or works manager must comply with-

   (a)  any requirements in relation to the safety of road users; and

   (b)  section 99A of the Road Safety Act 1986.

4. Duty to cooperate

An infrastructure manager or works manager must cooperate in good faith with
any other infrastructure manager or works manager in coordinating the
management and maintenance of infrastructure and related works on a road.

5. Duty to avoid unnecessary delay or obstruction or interference with
infrastructure

An infrastructure manager or works manager must-

   (a)  if practicable, use methods which do not involve excavating or
        breaking up the surface of a roadway or pathway or interfering with
        infrastructure in preference to methods that do;

   (b)  if it is necessary to excavate or break up the surface of a roadway or
        pathway, the works should be conducted-

   (i)  at a time and in a manner to minimise as far as is reasonably
        practicable inconvenience to road users and other persons; and

   (ii) so as to minimise long term damage or disruption;

   (c)  as far as is practicable, reinstate at its own cost the roadway or
        pathway or infrastructure to the standard before the works were
        commenced.

6. Duty to maintain non-road infrastructure or related works to a satisfactory
standard

An infrastructure manager must take reasonable measures to-

   (a)  maintain the non-road infrastructure or related works to a
        satisfactory state of repair;

   (b)  avoid causing damage to the roadway, road infrastructure or non-road
        infrastructure;

   (c)  repair any damage caused to the roadway, road infrastructure or
        non-road infrastructure by a failure of infrastructure for which the
        infrastructure manager is responsible;

   (d)  take reasonable precautions to ensure that anything placed on a
        roadway or pathway does not cause an obstruction or inconvenience;

   (e)  take reasonable precautions to ensure that anything placed on a
        roadway or pathway does not cause an obstruction or danger to any
        person with a disability;

   (f)  in the case of any part of a road used for rail infrastructure, ensure
        that the condition of the surface is maintained to a standard which is
        equivalent to the standard of the adjacent road surface.

Example A road authority or a utility which has infrastructure in a road must
take care that its pit lids, access hole covers, gratings and similar things
are kept flush with the surrounding surface of the roadway or pathway so that
they do not cause a hazard or adversely affect the smooth passage of traffic.

7. Duty to give notice to relevant coordinating road authority



(1) Unless subclause (2) applies, an infrastructure manager or works manager
must give notice to the relevant coordinating road authority of any proposed
installation of non-road infrastructure or related works on the road reserve.

(2) Subclause (1) does not apply if the proposed installation of non-road
infrastructure or related works are necessary because of an emergency, but the
infrastructure manager or works manager must advise the relevant coordinating
road authority about the installation of non-road infrastructure or related
works as soon as is reasonably practicable.



8. Duty to give notice to other infrastructure manager or works manager



(1) Unless subclause (3) or (4) applies, an infrastructure manager or works
manager must give notice to any other infrastructure manager or works manager
responsible for any non-road infrastructure in the area which could be
affected by any proposed installation of infrastructure or related works on a
road or the road reserve of any road.

(2) The infrastructure manager or works manager must negotiate in good faith
so as to minimise any adverse effects on any other non-road infrastructure.

(3) Subclause (1) does not apply if the proposed installation of
infrastructure or related works are necessary because of an emergency, but the
infrastructure manager or works manager must advise any other infrastructure
manager or works manager responsible for non-road infrastructure in the area
which could be affected about the installation of non-road infrastructure or
related works as soon as is reasonably practicable.

(4) Subclause (1) does not apply if an exemption under the regulations
applies.

9. Duty to provide information



(1) An infrastructure manager responsible for non-road infrastructure must
comply with a request for information from a coordinating road authority, an
infrastructure manager or a works manager responsible for existing or proposed
road infrastructure or non-road infrastructure which is reasonably required in
relation to-





   (a)  the location of any non-road infrastructure; and

   (b)  technical advice or assistance relating to the conduct of any works on
        that non-road infrastructure in a safe manner.

(2) If an infrastructure manager or works manager becomes aware that any
infrastructure or works for which another infrastructure manager or works
manager is responsible-

   (a)  is not in the location shown in the relevant records; or

   (b)  appears to be in an unsafe condition; or

   (c)  appears to be in need of repair or maintenance-

the infrastructure manager or works manager must give that information to the
other infrastructure manager or works manager.

10. Duty to consult members of the public



(1) This clause applies if an infrastructure manager or works manager is
proposing to install non-road infrastructure or conduct related works which
are likely to significantly affect-

   (a)  occupiers or owners of property near the road; or

   (b)  a class of road users or another section of the public.

(2) If practicable, the infrastructure manager or works manager should conduct
appropriate consultation with the persons likely to be significantly affected.





11. Duty to take other reasonable measures to minimise disruption and ensure
safety

While works are being conducted on a road, the works manager must take all
reasonable measures to-

   (a)  minimise disruption to traffic;

   (b)  ensure the safety of the works for road users and adjoining
        properties;

   (c)  make adequate provision for persons with a disability.

12. Duty to reinstate



(1) In completing the works, the works manager must after the works are
completed reinstate the roadway, pathway or area of roadside to the standard
before the works were commenced-

   (a)  as promptly as is reasonably practicable; and

   (b)  as nearly as is reasonably practicable to an equivalent standard of
        quality and design; and

   (c)  so as to ensure that any feature to assist persons with a disability
        is restored.

(2) If a works manager (other than a coordinating road authority) has not
completed the works as required by this clause, the relevant coordinating road
authority may direct the infrastructure manager or works manager to conduct
reinstatement works as specified in the direction within the period specified
in the direction.

(3) If an infrastructure manager or works manager fails to comply with a
direction under subclause (2), the relevant coordinating road authority may
take measures to ensure the reinstatement works are completed.

(4) For the purposes of subclause (3), if but for this clause the conduct of
the works would be regulated by another law, the relevant coordinating road
authority must ensure that as far as is reasonably practicable the works are
conducted by an appropriately qualified person in compliance with that law.

(5) The relevant coordinating road authority may recover any costs reasonably
incurred under subclause (3) from the infrastructure manager or works manager.

13. Notice of completion of works



(1) The works manager must within 7 days of completing any works, including
any reinstatement works, notify the relevant coordinating road authority as to
the works that have been completed.

(2) The period of 7 days specified in subclause (1) may be varied by-

   (a)  the relevant coordinating road authority;

   (b)  the regulations.

(3) The infrastructure manager must ensure that the works manager has complied
with this clause.

Notes 1. Section 64 provides that it is an offence to fail to give notice 2.
The Regulations may provide for an exemption from the requirement to give
notice: see section 132(3)(b).









14. Principles applying to infrastructure managers and works managers



(1) An infrastructure manager or a works manager must have regard to the
principles specified in this clause in the provision of non-road
infrastructure on roads.

(2) The primary purpose of a road is use by members of the public and
authorised uses must be managed as far as is reasonably practicable in such a
way as to minimise any adverse impacts on the primary purpose.

(3) Without limiting the generality of subclause (2), authorised uses must be
managed so as to-

   (a)  minimise any damage to roads and road infrastructure;

   (b)  ensure that any works necessary for the provision of non-road
        infrastructure are conducted as quickly as practicable;

   (c)  minimise any disruption to road users;

   (d)  minimise any risk to the safety and property of road users and the
        public generally;

   (e)  facilitate the design and installation of infrastructure which
        minimises any risk to the safety of road users;

   (f)  ensure that the road and any other infrastructure is reinstated as
        nearly as practicable to the condition existing before the works
        necessary for the provision of the non-road infrastructure were
        conducted;

   (g)  protect and preserve existing significant roadside vegetation and
        sites of biological significance within the road reserve.

15. Duties of infrastructure managers and works managers



(1) This clause applies to any infrastructure manager or works manager which-

   (a)  is responsible for the provision of any non-road infrastructure on a
        road reserve; or

   (b)  carries out any works on a road; or

   (c)  exercises any power or function conferred by any other Act or law
        which affects a road.

(2) If an infrastructure manager or works manager is required to comply with a
duty or a condition of a consent under this Act, the infrastructure manager or
works manager must meet the cost of complying with that duty or condition.

(3) The duties set out in this Schedule also apply to any other person who
installs infrastructure on a road or conducts works on a road without being
authorised to do so.

16. Consent of coordinating road authority



(1) A person may apply to the coordinating road authority for written consent
to the conduct of proposed works on a road as specified in the application.

Notes 1. It is an offence to conduct works on a road unless consent has been
obtained or an exemption or other circumstances apply: see section 63. 2. The
Regulations may provide for an exemption from a requirement to obtain consent
to the conduct of proposed works: see section 132(3)(a).

(2) Without limiting the generality of subclause (1), proposed works includes-

   (a)  installing any infrastructure, erecting any structure or carrying out
        related activities in, on or over a road;

   (b)  digging or disturbing the surface of a road;

   (c)  removing any infrastructure, structure or other object on a road;

   (d)  pumping water onto a road;

   (e)  erecting any obstruction on a road.

(3) If the proposed works affect any non-road infrastructure which is the
responsibility of an infrastructure manager or works manager other than the
applicant, the application must include the prescribed particulars in relation
to the compliance or proposed compliance of the applicant with the relevant
requirements of Part 1.

(4) If an application for consent is made by an infrastructure manager, the
coordinating road authority must consult with the infrastructure manager and
the responsible road authority before determining the application.

(5) A coordinating road authority may having regard to the works and
infrastructure management principles-

   (a)  upon an application, give its consent to proposed works; or

   (b)  upon an application, refuse to give its consent to proposed works but
        consent is not to be unreasonably withheld; or

   (c)  at its initiative without an application, give its consent to proposed
        works; or

   (d)  give its consent so as to apply to a particular case or class of cases
        or generally to apply to all cases or to different classes of cases.

Example A municipal council which is a coordinating road authority could give
ongoing consent to a utility for the placement of an infrastructure item on
municipal roads subject to reasonable conditions about the timing of the works
to reduce disruption to traffic or the design or placement of infrastructure
items of that kind to reduce traffic hazards.

(6) A coordinating road authority may, having regard to the works and
infrastructure management principles, give its consent subject to any
reasonable conditions relating to the conduct of the proposed works which the
coordinating road authority considers appropriate.

Note The Regulations may restrict the power of a coordinating road authority
to impose conditions on a consent to the conduct of proposed works: see
section 132(3)(c).

(7) Without limiting the generality of subclause (6), conditions may include
conditions relating to-

   (a)  the location of any proposed infrastructure;

   (b)  the timing of any works;

   (c)  the use of any infrastructure.

Examples A condition may require that an item of infrastructure is to be
located at a certain setback from a roadway. A condition may require that
particular infrastructure be of a particular design or standard so as to
minimise danger to road users. A condition may require that particular
infrastructure only be used for certain purposes or at certain times.



(8) A coordinating road authority may include consents and conditions which
are to apply generally in respect to all cases or to different classes of
cases in an agreement under clause 18.

(9) Conditions subject to which a consent is given under this section must
not-

   (a)  be inconsistent with this Act or any regulations; or

   (b)  require the applicant to act in a manner inconsistent with relevant
        industry safety and technical requirements imposed by or under any
        other Act.

Notes 1. Regulations may provide that a coordinating road authority may not
impose a condition of a specified type. 2. Under sections 25(2)(e) and
27(2)(g), Codes of Practice may be referred to in determining whether or not
the refusal of consent or any condition is reasonable. Example A failure by a
coordinating road authority to consult in good faith in accordance with the
principles set out in a Code of Practice may be evidence that the refusal to
consent or the imposing of a condition is unreasonable.

(10) A coordinating road authority may provide that the consent applies in
respect of a particular case or a class of cases as is specified in the
consent.

17. Process applying to applications for written consent



(1) If the coordinating road authority has not responded to an application
under clause 16 before the expiry of the relevant period after the
coordinating road authority receives the application, the coordinating road
authority is to be taken to have given written consent.



(2) If a coordinating road authority refuses to give written consent, the
coordinating road authority must give reasons in writing for the refusal to
the applicant.

(3) Section 125 applies to any dispute arising out of a decision of a
coordinating road authority on an application under clause 16.

(4) A Code of Practice may provide for any matter relating to the process for
considering applications under clause 16, including specifying grounds or
criteria for refusing written consent.

(5) In this clause, relevant period means-

   (a)  unless paragraph (b) applies, a period of 20 business days; or

   (b)  a period of business days as may be prescribed.

18. Agreements in respect of proposed works



(1) A coordinating road authority may enter into an agreement with a road
authority, an infrastructure manager or works manager in respect of proposed
works on roads.

(2) A term in the agreement that the coordinating road authority will give
consent to proposed works, or give an exemption or variation, to which the
agreement applies is sufficient consideration to make the agreement an
enforceable contract.

(3) An agreement under this clause must not be inconsistent with this Act or
any applicable Code of Practice.







19. Power to rectify works on a road



(1) If a coordinating road authority considers that any works have not been
conducted in accordance with this Act, the coordinating road authority may
give a notice to the road authority, infrastructure manager or works manager
that authorised or conducted the works requiring rectification works to be
conducted within a reasonable period specified in the notice.

(2) If a road authority, infrastructure manager or works manager fails to
comply with a notice given under subclause (1), the coordinating road
authority may conduct the rectification works or engage a person to conduct
the rectification works on behalf of the coordinating road authority.

(3) A coordinating road authority may recover costs reasonably incurred in
conducting rectification works from the road authority, infrastructure manager
or works manager that failed to comply with the notice given under subclause
(1).

Note Under section 27(2)(g) and 27(2)(h), Codes of Practice may be referred to
in determining whether or not the requirement to rectify works is reasonable.

20. Power to require removal, relocation, replacement or upgrade of existing
non-road infrastructure



(1) A coordinating road authority may for the purpose of improving the safety
or efficient operation of a road by notice require an infrastructure manager
responsible for existing non-road infrastructure on a road to remove,
relocate, replace or upgrade the non-road infrastructure.





(2) A notice under subclause (1) must specify-

   (a)  the reason for requiring the removal, relocation, replacement or
        upgrade;

   (b)  the applicable standard to be met;

   (c)  the period within which the removal, relocation, replacement or
        upgrade is to be completed.

(3) The coordinating road authority must meet the costs reasonably incurred by
the infrastructure manager in completing the removal, relocation, replacement
or upgrade to the applicable standard.

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