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ROAD MANAGEMENT ACT 2004 (NO 12 OF 2004)

ROAD MANAGEMENT ACT 2004 (NO 12 OF 2004)


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose and outline  
   2.      Commencement  
   3.      Definitions  
   4.      Object of Act  
   5.      Interpretation and application of Act  
   6.      Crown to be bound  

   PART 2--RIGHTS OF ROAD USERS

   7.      Purpose of Part  
   8.      Right of passage  
   9.      Rights of owners and occupiers of adjoining land  
   10.     Rights of the public in relation to a public highway  

   PART 3--THE ROAD SYSTEM

           Division 1--Roads

   11.     Power to declare and name a road  
   12.     Discontinuance of roads  
   13.     Power to fix boundary of road  
   14.     Power of VicRoads to make declarations in respect of roads  
   15.     Arrangements between road authorities to transfer road management functions  
   16.     Designated road project  

           Division 2--Public Roads

   17.     What is a public road?  
   18.     Ancillary areas in relation to public roads  
   19.     Register of public roads  

   PART 4--MANAGEMENT OF ROADS

           Division 1--Coordination of Road Management

   20.     Principal object and management principles  
   21.     Ministers may require information or advice  
   22.     Power of Ministers to give directions  
   23.     Power of Governor in Council to give exemption  
   24.     Purposes of Codes of Practice  
   25.     What can a Code of Practice include?  
   26.     Power to apply, adopt or incorporate  
   27.     Codes of Practice as evidence  
   28.     Making of Codes of Practice  
   29.     Availability of Codes of Practice  
   30.     Tabling and disallowance  
   31.     Utilities' Infrastructure Reference Panel  
   32.     Functions of the Utilities' Infrastructure Reference Panel  

           Division 2--General Functions and Powers of Road Authorities

   33.     Role of a road authority  
   34.     General functions  
   35.     Powers of a road authority  
   36.     Which road authority is the coordinating road authority?  
   37.     Which road authority is the responsible road authority?  
   38.     Exercise of functions and powers  
   39.     Road authority may make a policy or policy decision relating to road management functions  

           Division 3--Specific Powers and Duties of Road Authorities

   40.     Statutory duty to inspect, maintain and repair public roads  
   41.     Power to determine standard of construction, inspection, maintenance and repair  
   42.     Declaration of a public road as a controlled access road  
   43.     Specific road construction, repair and maintenance powers of State road authorities  
   44.     Specific traffic management powers of State road authorities  
   45.     Specific road property provisions, powers and duties  
   46.     Specific protection of roads and adjoining land powers of State road authorities  

           Division 4--Infrastructure and Works on Roads

   47.     Purpose of Division  
   48.     Specific duties and powers in relation to infrastructure and works on roads  

           Division 5--Road Management Plans

   49.     The making of a road management plan is voluntary  
   50.     Purposes of a road management plan  
   51.     Standards may be included in a road management plan  
   52.     Contents of a road management plan  
   53.     Power to apply, adopt or incorporate  
   54.     Procedure for making or amending a road management plan  
   55.     Availability of road management plan  

           Division 6--Development Contributions

   56.     Development contribution  
   57.     Review of required payments  
   58.     State road authority may require further payment or refund excess  
   59.     When payment is due  

   PART 5--PROTECTION OF ROADS

           Division 1--Offences

   60.     Offences in relation to unauthorised access to roads  
   61.     Offence to fail to comply with direction  
   62.     Obstruction of road  
   63.     Interference with a road  
   64.     Failure to give notice  
   65.     Compliance with conditions of written consent  

           Division 2--Controls on Advertising, Signs and Bills on Roads and Road Infrastructure

   66.     Written consent required for placing of specified things on a road or road infrastructure  
   67.     Advertiser must disclose name of distributor  
   68.     Distributor must disclose name of depositor  
   69.     Person must remove structure, device, hoarding, advertisement, sign or bill if requested to do so  
   70.     Court may order removal of structure, device, hoarding, advertisement, sign or bill  

           Division 3--Authorised Officers

   71.     Authorised officers  
   72.     Authorised officer's identity card  
   73.     Production of identity card  
   74.     General powers of authorised officers  
   75.     Power to enter upon any land  
   76.     Power to obtain name and address  
   77.     Requirement to assist authorised officer during entry  
   78.     Assistance of member of police force  
   79.     Offence for failure to give name and address  
   80.     Refusal or failure to comply with requirement or direction  
   81.     Protection against self-incrimination  
   82.     Offence to give false or misleading information  
   83.     Offence to hinder or obstruct authorised officer  
   84.     Offence to impersonate authorised officer  
   85.     Entry to be reported to the relevant road authority  
   86.     Register of exercise of powers of entry  
   87.     Complaints  
   88.     Service of documents  
   89.     Confidentiality  

           Division 4--Enforcement

   90.     Power to serve road management infringement notice  
   91.     Form of notice  
   92.     Withdrawal of road management infringement notice  
   93.     Payment of penalty  
   94.     Infringement notice not to prejudice further proceedings  
   95.     Enforcement of infringement penalty  
   96.     Institution of proceedings for offences  

   PART 6--CIVIL LIABILITY

           Division 1--General

   97.     Definitions  
   98.     Effect of this Part  

           Division 2--Negligence

   99.     Application of Division  
   100.    Application of Part XII of Wrongs Act 1958  
   101.    Principles concerning performance of road management functions  
   102.    Limitations on liability of road authority  
   103.    Policy defence  
   104.    Liability where duty to perform and discretionary power to remedy  
   105.    Defence to prove that reasonable care was taken  
   106.    Matters which may be considered to constitute contributory negligence  

           Division 3--Other Liability

   107.    Liability of road authority  
   108.    Road authority is not liable as an occupier  
   109.    Liability in relation to fencing  
   110.    Limits in relation to liability for property damages  
   111.    Indexation provision  

           Division 4--Liability of Persons Other Than Road Authorities

   112.    Right to recover for damage to road  
   113.    Duty of owner or occupier of adjoining land  

           Division 5--Claims Procedure

   114.    Purpose of Division  
   115.    Notice of incident  
   116.    Preparation of condition report  

   PART 7--GENERAL

   117.    Power of Ministers to delegate  
   118.    Power of road authority to delegate  
   119.    Power of VicRoads to perform road management functions on roads  
   120.    Power of road authority to perform road management functions on arterial road  
   121.    Agreement to conduct additional works  
   122.    Power to charge fees  
   123.    Power to charge for services  
   124.    Evidentiary provisions  
   125.    Resolution of disputes  
   126.    Review of decision  
   127.    Compensation payable by a road authority in certain circumstances  
   128.    Abrogation of obsolete common law road classifications  
   129.    Partial abrogation of "ratione tenure" rule  
   130.     Obstruction of navigable rivers  
   131.    Supreme Court—limitation of jurisdiction  
   132.    Regulations  
   133.     Application of regulations to Link road and Extension road  
   134.    Application of Act in respect of the Link road and Extension road  
   135.    Transitional and savings provisions  

   PART 8--AMENDMENT OF OTHER ACTS

           Division 1--Transport Act 1983

   136.    New sections 15A and 15B inserted  
   137.    Consequential amendments  

           Division 2--Road Safety Act 1986

   138.    New section 17A inserted  
   139.    New section 68A inserted  
   140.    Consequential amendment  

           Division 3--Other Amendments to Road Safety Act 1986

   141.    New sections 99A and 99B inserted  
   142.    Consequential amendments  

           Division 4--Local Government Act 1989

   143.    Amendment of section 3  
   144.    Sections 202, 203 and 207F repealed  
   145.    Amendment of section 205  
   146.    Section 207 substituted  
   147.    Consequential amendments  

           Division 5--Miscellaneous Amendments

   148.    New section 3A inserted in Alpine Resorts (Management) Act 1997  
   149.    Business Franchise (Petroleum Products) Act 1979  
   150.    Casino Control Act 1991  
   151.    Catchment and Land Protection Act 1994  
   152.    Chinatown Historic Precinct Act 1984  
   153.    Commonwealth Games Arrangements Act 2001  
   154.    Crown Land (Reserves) Act 1978  
   155.    Electricity Safety Act 1998  
   156.    Fences Act 1968  
   157.    New section 3A inserted in Forests Act 1958  
   158.    Amendment of Forests Act 1958  
   159.    Impounding of Livestock Act 1994  
   160.    Land Act 1958  
   161.    Amendment of the Land Act 1958  
   162.    Melbourne City Link Act 1995  
   163.    Metropolitan Fire Brigades Act 1958  
   164.    National Parks Act 1975  
   165.    Amendment of the National Parks Act 1975  
   166.    Planning and Environment Act 1987  
   167.    Victorian Civil and Administrative Tribunal Act 1998  
   168.    New section 160A inserted in Victorian Civil and Administrative Tribunal Act 1998  
   169.    Victorian Plantations Corporation Act 1993  

           Division 6--Other Amendments

   170.    Electricity Industry Act 2000  
   171.    Electricity Safety Act 1998  
   172.    Gas Industry Act 2001  
   173.    Pipelines Act 1967  
   174.    Rail Corporations Act 1996  
   175.    Section 137 of the Water Act 1989 substituted  
   176.    Section 148 of the Water Act 1989 amended  
   177.    Section 62 of the Water Industry Act 1994 substituted  
   178.    Section 66 of the Water Industry Act 1994 amended  
   179.    Further transitional and savings provisions  
           SCHEDULE 1
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           SCHEDULE 7
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           ENDNOTES