Victorian Consolidated Legislation

Transport Act 1983 - SECT 56

Regulations

56. Regulations



(1) The Governor in Council may make regulations for or with respect to-

   (a)  generally regulating and controlling the carrying out of any works or
        undertaking by the Roads Corporation, a passenger transport company or
        rail freight operator;





   (b)  prohibiting conduct in relation to, or regulating the conduct of
        anyone in or on, any vehicle or place belonging to, or under the
        control of, Rail Track, the Roads Corporation, a passenger transport
        company, a rail freight operator or a bus company, including, for
        example, prohibiting or regulating the following conduct on the
        vehicle or place-

   (i)  littering;

   (ii) gambling;

   (iii) graffiti;

   (iv) damage to property;

   (v)  the possession of open containers of liquor or containers that purport
        to contain liquor;

   (vi) the crossing of railway tracks and tramway tracks in specified
        circumstances;

   (ba) providing for the removal and disposal of open containers of liquor,
        or containers that purport to contain liquor, in or on those vehicles
        or places;

   (c)  preventing interference with or damage to any property, works or
        undertaking belonging to or under the control of the Roads
        Corporation, a passenger transport company or rail freight operator;



   (ca) preventing interference with or damage to any vehicle belonging to or
        under the control of a bus company;

   (d)  prohibiting the discharge of sewage or drainage onto any land or
        premises the property of the Roads Corporation or Rail Track;





   (e)  preventing trespassing upon any land or premises the property of the
        Roads Corporation or Rail Track or under the control of the Director
        or of a passenger transport company or rail freight operator;



   (f)  excluding or removing persons, animals or vehicles or specified
        classes of persons, animals or vehicles from any land or premises the
        property of the Roads Corporation or Rail Track or under the control
        of the Director or of a passenger transport company or rail freight
        operator;

   (g)  prescribing the persons or classes of persons permitted to leave
        vehicles standing upon any parking area provided by the Roads
        Corporation and the periods for which and the conditions under which
        vehicles may be so left standing;

   (ga) in relation to the parking of vehicles on any place belonging to, or
        under the control of, Rail Track, a passenger transport company, a
        rail freight operator or a bus company-

   (i)  regulating the circumstances in which the parking may occur,
        including, for example-

                (A)  specifying the conditions and restrictions to which the
                     parking is subject, or to which it may be made subject
                     (including the payment of fees and whether owner onus
                     applies);

                (B)  providing for different provisions or conditions and
                     restrictions to apply to different areas of the place;

   (ii) providing for signs and marks, and for control devices such as
        barriers and devices to restrict entry or exit;

   (iii) specifying the legal effects of signs, marks and devices, and the
        evidence that is sufficient to prove their existence and effect;

   (iv) providing for authorised officers to require an occupant, or an
        intending occupant, of a vehicle at the place to produce evidence that
        any condition or restriction applying to parking at that place has
        been complied with;

   (v)  providing for the person in control of the place, any person acting on
        behalf of that person and authorised officers to give directions in
        relation to the parking of a vehicle at the place (including
        directions that the vehicle not be parked at the place, or that the
        vehicle be removed from the place) to the owner or driver of the
        vehicle, regardless of whether the person is in the vehicle, and
        regardless of where the person giving the direction is at the time
        that the direction is given;

   (vi) authorising the person in control of the place, or an authorised
        officer, to do anything that is necessary to enable the enforcement of
        regulations made under this paragraph;

   (h)  regulating and controlling the placing by persons of refuse, rubbish
        or other materials on land or premises the property of the Roads
        Corporation or Rail Track or under the control of the Director or of a
        passenger transport company or rail freight operator and the removal
        from such land or premises of refuse, rubbish or other materials;

        (i)    the filling up by the Roads Corporation of any excavation made
               by any person on land the property of that Corporation;





   (j)  the recovery by the Roads Corporation in the Magistrates' Court from
        the persons responsible of expenses incurred by that Corporation in
        removing refuse, rubbish or material placed on land or premises the
        property of that Corporation or in filling up any excavation made by
        any person on land the property of that Corporation in contravention
        of regulations made under this Part;

   (k)  regulating and controlling noise and other emissions from land the
        property of the Roads Corporation or Rail Track or under the control
        of the Director or of a passenger transport company or rail freight
        operator and the manner of recording and measuring any noise or
        emission and the instruments to be used therefor;

   (l)  the conditions upon which passengers and goods shall be carried or
        other services provided and prohibiting the carriage or delivery for
        carriage of dangerous goods other than dangerous goods within the
        meaning of the Dangerous Goods Act 1985 where that Act deals with
        their carriage or delivery for carriage;

   (m)  the requirements to be observed and the precautions to be taken in
        connexion with the carriage or delivery for carriage of dangerous
        goods other than dangerous goods within the meaning of the
        Dangerous Goods Act 1985 where that Act deals with their carriage or
        delivery for carriage;

   (ma) prohibiting entry onto any specified land or premises the property of
        a passenger transport company or Rail Track by persons not holding a
        ticket authorising that entry;





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   (p)  regulating the disposal of unclaimed goods and the passing of title
        therein;

   (q)  regulating the manner of crossing any line of railway on the level and
        prescribing the charges to be demanded in respect of any such
        crossing; and

   (r)  generally prescribing any matter or thing that by this Part or
        Division 4, 4AA or 4A of Part VII is authorized or required or
        permitted to be prescribed or that is necessary to be prescribed for
        carrying out or giving effect to this Part or Division 4, 4AA or 4A of
        Part VII or giving effect to the powers conferred on a passenger
        transport company, Rail Track or the Roads Corporation by this Part or
        on the Secretary by Division 4, 4AA or 4A of Part VII.

(2) The Governor in Council may make regulations for or with respect to-

   (a)  regulating or prohibiting the digging up of any road;

   (b)  prohibiting the driving, drawing or carrying over any road of a
        greater mass than that fixed by the Roads Corporation;



   (c)  preventing interference with or damage to the soil, pavement flags,
        sods or other materials of any road or any fence on any road or any
        scrapings of any road or sand on any road;

   (d)  prohibiting the discharge onto any road of sewage or drainage;



   (e)  preventing interference with or damage to any guide-post, bridge
        hand-rail, sign, notice, light or other fixture or equipment situated
        or placed upon any road;

   (f)  regulating or prohibiting the making of any building, hedge, ditch,
        fence, hole, heap, drain or obstruction on, across or in any road;

   (g)  keeping any road clear from all seedlings, suckers and other off-sets
        from any hedge or live fence and preventing any branch thereof from
        overhanging the road;

   (h)  regulating or prohibiting the erection and construction of hoardings
        on or in the vicinity of declared roads or regulating, restricting,
        preventing or controlling the exhibition of advertisements on or in
        the vicinity of declared roads;

        (i)    requiring the droving of live stock along stock routes and
               prohibiting or regulating the droving of live stock along roads
               or the carriageway of roads in cases where roads or sections
               thereof in the vicinity of those roads or where parts of those
               roads have been proclaimed to be stock routes;

   (j)  prohibiting or regulating excavating and blasting operations in the
        vicinity of any road;

   (k)  prohibiting or regulating the removal of grass growing on any road or
        the seed of such grass;

   (l)  preventing the cutting, breaking, barking, rooting up or otherwise
        destroying, damaging or removing of the whole or any part of any tree,
        sapling, shrub, underwood or timber in or upon any road without the
        written permission of the Roads Corporation;

   (m)  conferring upon the Roads Corporation with respect to roads any right,
        power, protection, privilege or obligation relating to the
        construction, improvement or maintenance of roads conferred upon a
        municipal council by any Act relating to local government;

   (n)  impounding cattle which are on any part of any State highway, main
        road, freeway, tourists' road or metropolitan bridge;

   (o)  preventing a municipal council from causing to be sealed any plan of
        subdivision of land abutting on a freeway or a proposed freeway except
        with the consent in writing of the Roads Corporation or, in any case
        where the Roads Corporation has failed or refused so to consent, of
        the Governor in Council;

   (p)  the manner of entering, crossing or leaving any freeway;

   (q)  prohibiting or regulating the taking or entering or being upon any
        freeway of any animal;

   (r)  the removal of dead animals or of vehicles abandoned or left standing
        on any land or premises the property of the Corporation or on any part
        of a declared road or any other road maintained by the Roads
        Corporation and the recovery of the cost of their removal and
        regulating the storage and disposal of such vehicles and the passing
        of title therein and providing for the recovery of the cost of their
        storage and disposal;

   (s)  permitting or prohibiting the use of freeways or any freeway or any
        class of freeways by traffic or any class of traffic;

   (t)  prohibiting or regulating the parking of vehicles on freeways or any
        freeway or any class of freeways;

   (u)  generally providing for the control, management and proper use of
        freeways;



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   (z)  regulating the use of roadside reserves and requiring such charges as
        are approved by the Minister to be paid by persons using roadside
        reserves or facilities on roadside reserves.

(3) Regulations made under this Part-

   (a)  may be of general or of specially limited application;

   (b)  may differ according to differences in time, place or circumstance;

   (c)  may leave any matter or thing to be from time to time determined,
        applied, dispensed with or regulated by the Roads Corporation or any
        government department, municipal council or other public authority or
        by any officer thereof;

   (d)  may confer powers or impose duties in connexion with the regulations
        on the Roads Corporation or passenger transport company or bus company
        or any government department, municipal council, responsible authority
        under the Planning and Environment Act 1987 or other public authority
        or on any officer thereof or on the owner or occupier of any land,
        building or premises or on any other person whomsoever;

   (e)  may apply, adopt or incorporate, with or without modification, the
        provisions of any Act or of any regulations made under any Act, as in
        force at a particular time or as in force from time to time;

   (f)  may appoint fees which may be charged and received by the Roads
        Corporation or passenger transport company or bus company for any
        permit which may be granted under the regulations by that Corporation
        or passenger transport company or bus company;

   (g)  may provide that an application may be made to the Tribunal for review
        of a decision of the Roads Corporation or an officer of the Roads
        Corporation or for a declaration concerning the validity of any such
        decision; and





   (h)  may impose a penalty not exceeding 20 penalty units for any
        contravention of or failure to comply with the regulations.

(3A) A reference in subsection (1) to-

   (a)  a passenger transport company is a reference to such a company only in
        its capacity as a provider of a passenger service; and

   (ab) a bus company is a reference to such a company only in its capacity as
        a provider of transport services; and

   (b)  a rail freight operator is a reference to such an operator only in its
        capacity as an operator of rail freight services-

and regulations cannot be made under that subsection that have any effect in
relation to such a company or operator in the performance by it of any other
function or the exercise by it of any other power.

(4) A reference in subsection (2)-

   (a)  to a road includes a road under construction; and

   (b)  to land the property of the Roads Corporation includes land taken or
        used by the Roads Corporation on which a highway is proposed to be or
        is being constructed.



(5) A reference to parking in subsection (1)(ga) includes a reference to
leaving a vehicle standing.







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