ROAD MANAGEMENT ACT 2004 (NO 12 OF 2004) - SECT 37 Which road authority is the responsible road authority?
ROAD MANAGEMENT ACT 2004 (NO 12 OF 2004) - SECT 37
Which road authority is the responsible road authority?(1) Subject to sections 15 and 16 and sub-section (2), the responsible road authority is—
(a) if the road is a freeway, for the whole of the road reserve, VicRoads;
(b) if the road is an arterial road—
(i) for the part of the roadway used by through traffic, VicRoads; and
(ii) for any part of the roadway not used by through traffic, the municipal council of the municipal district in which that part is located; and
(iii) for any service road, the municipal council of the municipal district in which the service road is located; and
(iv) for the median strip between the roadway and the service road, the municipal council of the municipal district in which the median strip is located; and
(v) for any pathway, other than a pathway on a freeway road reserve, the municipal council of the municipal district in which the pathway is located; and
(vi) for the roadside in an urban area, the municipal council of the municipal district in which the road is located; and
(vii) for the roadside in an area that is not an urban area, VicRoads; and
(viii) which is not located in a municipal district, the person or body specified for the purposes of sub-paragraphs (ii) to (vi) by the Minister in a notice published in the Government Gazette;
(c) if the road is a non-arterial State road, the person or body prescribed in respect of the non-arterial State road or in respect of a class of roads in which the non-arterial State road is included; or
(d) if the road is a non-arterial State road and no person or body is prescribed in respect of the non-arterial State road—
(i) if VicRoads declares by a notice published in the Government Gazette that VicRoads is the responsible road authority in respect of the non-arterial State road, VicRoads; or
(ii) if the non-arterial State road is on land administered under the Crown Land (Reserves) Act 1978 , the Forests Act 1958 , the Land Act 1958 , the National Parks Act 1975 or the Alpine Resorts (Management) Act 1997 , the person or body specified in or in accordance with that Act in respect of the non-arterial State road; or
(iii) if sub-paragraphs (i) and (ii) do not apply, the Crown;
(e) if the road is a municipal road, the municipal council of the municipal district in which the road or part of the road is situated;
(f) if the area is an ancillary area of a road, the responsible road authority for the road of which the area is an ancillary area.
(2) In relation to road-related infrastructure on a road, the responsible road authority is—
(a) subject to paragraph (b), the responsible road authority for the roadway or pathway to which the road-related infrastructure relates; or
(b) if a road authority other than the responsible road authority specified in paragraph (a) has responsibility under any other Act for the road-related infrastructure, that road authority.
Example
VicRoads would be the responsible road authority for speed signs and traffic lights on an arterial road even though the speed signs are located on a roadside for which the municipal council would be the responsible road authority. However, a municipal council would be the responsible road authority for a parking meter installed on the arterial road in the exercise of powers under the Local Government Act 1989 .
(3) A Code of Practice may include guidelines relating to principles for ascertaining—
(a) which road authority is responsible where parts of a road which are allocated to different road authorities abut; and
(b) which matters are the responsibility of which road authority where different parts of a road are allocated to different road authorities and there are areas between those parts.
(4) A declaration for the purposes of sub-section (1)(d)(i) may be included in the notice under which a declaration under section 11 or 14 is made.