ROAD MANAGEMENT ACT 2004 (NO 12 OF 2004) - SECT 11 Power to declare and name a road

ROAD MANAGEMENT ACT 2004 (NO 12 OF 2004) - SECT 11

    (1)     A road authority may by notice published in the Government Gazette declare a road under this Act over—

        (a)     any land owned by the road authority; or

        (b)     subject to sub-section (2), any land managed by the road authority.

    (2)     If the land managed by the road authority is—

        (a)     land reserved under the Crown Land (Reserves) Act 1978 , the road authority must obtain the written consent of the Minister administering that Act;

        (b)     land administered under the Forests Act 1958 , the road authority must obtain the written consent of the Minister administering that Act;

        (c)     land administered under the National Parks Act 1975 , the road authority must obtain the written consent of the Minister administering that Act;

        (d)     freehold land owned by a public authority or any other person, the road authority must obtain the written consent of the public authority or other person;

        (e)     unreserved Crown land, the road authority must obtain the written consent of the Minister administering the Land Act 1958 .

    (3)     Land declared to be a road under sub-section (1) becomes a road from the date of publication of the notice or a later date specified in the notice.

    (4)     A road declared under this section is dedicated to the public as a public highway within the meaning of the common law or any Act.

    (5)     If VicRoads declares a road under sub-section (1), VicRoads must also make a declaration under section 14(1)(a) or 14(1)(b).

    (6)     If a State road authority other than VicRoads declares a road under sub-section (1), the road is a non-arterial State road.

    (7)     If a road authority which is a municipal council declares a road under sub-section (1), the road is a municipal road.

    (8)     The relevant coordinating road authority may by notice published in the Government Gazette name or change the name of a road.

    (9)     The relevant coordinating road authority must in exercising a power under sub-section (8)—

        (a)     act in accordance with the guidelines in force for the time being under the Geographic Place Names Act 1998 ; and

        (b)     advise the Registrar under that Act of the action it has taken under sub-section (8).

    (10)     If a road authority—

        (a)     declares a road; or

        (b)     names or changes the name of a road; or

        (c)     creates or discontinues a road—

the road authority must inform the Secretary to the Department of Sustainability and Environment or a person nominated in a notice published in the Government Gazette for the purposes of this section by the Secretary to the Department of Sustainability and Environment.

    (11)     This section is to be construed as being in addition to, and not in derogation from, any other manner in which land may be dedicated as a public highway by or under any other Act or the common law.

    (12)     A notice under this section is not a subordinate instrument for the purposes of the Interpretation of Legislation Act 1984 .