Victorian Numbered Acts Victorian Numbered ActsAfter section 134 of the Road Management Act 2004 insert —
(1) This Act applies in respect of the Mitcham-Frankston Freeway in accordance with this section and section 134B.
(2) Subject to this section, the Mitcham-Frankston Freeway Corporation is, in respect of the Mitcham-Frankston Freeway, the co-ordinating road authority for the purposes of sections 19, 48(3) and 63(1) and clauses 7 and 13 and Part 2 of Schedule 7.
(3) Subject to sub-section (2) and section 134B, VicRoads has the powers and functions of a co-ordinating road authority in respect of the Mitcham-Frankston Freeway if so requested by the Mitcham-Frankston Freeway Corporation.
(4) The functions and powers of an authorised officer appointed by VicRoads extend in respect of the Mitcham-Frankston Freeway if so requested by the Mitcham-Frankston Freeway Corporation in accordance with an arrangement between the Mitcham-Frankston Freeway Corporation and VicRoads.
(5) A direction to the Mitcham-Frankston Freeway Corporation under section 22 must not be inconsistent with the Mitcham-Frankston Project Act 2004 or the Mitcham-Frankston Freeway Agreement.
(6) A Code of Practice under section 28 in its application to the Mitcham-Frankston Freeway Corporation must not be inconsistent with the Mitcham-Frankston Project Act 2004 or the Mitcham-Frankston Freeway Agreement.
(7) A determination under section 41 must not be inconsistent with the Mitcham-Frankston Project Act 2004 or the Mitcham-Frankston Freeway Agreement.
(8) Section 66 does not apply to the Mitcham-Frankston Freeway if the placing of the structure, device, hoarding, advertisement, sign or bill is permitted under the Mitcham-Frankston Project Act 2004 or the Mitcham-Frankston Freeway Agreement.
(9) Section 96 applies to the Mitcham-Frankston Freeway as if VicRoads were the relevant road authority.
(10) Sections 11, 12, 13, 14, 15, 18, 36, 38(1)(d), 39, 105(3), 118, 119, 120, 123 and 127 and clauses 2 and 3 of Schedule 2 and clauses 1, 2, 3, 5, 8, 9, 11 and 12 of Schedule 5 do not apply to the Mitcham-Frankston Freeway or the Mitcham-Frankston Freeway Corporation.
(11) Clauses 1, 4, 5, 6, 7, 9, 10, 11, 12, 13 and 14 of Schedule 4 apply to the Mitcham-Frankston Freeway Corporation in respect of the Mitcham-Frankston Freeway as if the Mitcham-Frankston Freeway Corporation were the responsible State road authority.
(12) Clause 10(1) of Schedule 5 applies to the Mitcham-Frankston Freeway as if the reference to infrastructure did not include road-related infrastructure installed in accordance with the Mitcham-Frankston Freeway Agreement.
(13) The power to—
(a) cause to be removed, destroyed or blocked a means of access to a freeway constructed, formed or laid out without the consent of the road authority; and
(b) cause to be erected and maintained fences, posts or other obstructions along a freeway or along or across an entrance, approach or means of access to a freeway for the purpose of preventing access to a freeway—
which is conferred on VicRoads in relation to a freeway is conferred on the Mitcham-Frankston Freeway Corporation in respect of the Mitcham-Frankston Freeway.
(1) Schedule 7 applies in respect of the Mitcham-Frankston Freeway as modified by this section.
(2) Clause 8 applies as if after sub-clause (4) there were inserted—
"(5) Sub-clause (1) does not apply to the carrying out of routine maintenance and inspection work.
(6) For the purposes of this clause, work is not routine maintenance and inspection work if it requires traffic management measures in order to be conducted safely.".
(3) Clause 14 applies as if after sub-clause (1) there were inserted—
"(1A) The Mitcham-Frankston Freeway Corporation must have regard to the principles specified in this clause in the provision of road infrastructure.".
(4) Clause 14 applies as if for sub-clause (2) there were substituted—
"(2) The Mitcham-Frankston Freeway must be managed as far as is reasonably practicable in such a way as to minimise any adverse effects on—
(a) the use of the Mitcham-Frankston Freeway by members of the public; and
(b) the provision of services by a Utility.".
(5) Clause 14(3) applies as if after paragraph (g) there were inserted—
"(h) minimise any damage to non-road infrastructure;
(i) minimise any risk to the property of Utilities;
(j) ensure that the non-road infrastructure is reinstated as nearly as practicable to the condition existing before the works necessary for the provision of the road infrastructure were conducted.".
(6) Clause 16(5) applies as if the reference to the works and infrastructure management principles were a reference to clause 14(2).
(7) Clause 16 applies as if after sub-clause (8) there were inserted—
"(8A) Conditions to which a consent is given under this section must not require an applicant to compensate the Mitcham-Frankston Freeway Corporation for economic loss or to pay any form of penalty.".
(8) Clause 17 applies as if after sub-clause (4) there were inserted—
"(4A) A Code of Practice applying to the Project within the meaning of the Mitcham-Frankston Project Act 2004 must not be inconsistent with that Act or the Mitcham-Frankston Freeway Agreement.".'.