Victorian Numbered Acts

ROAD MANAGEMENT ACT 2004 (NO 12 OF 2004) - NOTES

Act No. 12/2004

__________________

Victoria

No. 12 of 2004

Road Management Act 2004^[†]

[Assented to 11 May 2004]

^[†]     Minister's second reading speech—

    Legislative Assembly: 5 March 2004

    Legislative Council: 22 April 2004

    The long title for the Bill for this Act was "to reform the law relating to road management in Victoria, to amend the Transport Act 1983, the Road Safety Act 1986 and the Local Government Act 1989 and to make related amendments to certain other Acts and for other purposes."

        Constitution Act 1975:

    Section 85(5) statement:

    Legislative Assembly: 5 March 2004

    Legislative Council: 22 April 2004

    Majorities:

    Legislative Assembly: 1 April 2004 (absolute)

    Legislative Council: 4 May 2004 (simple)

INDEX

Subject	Section
Abandoned vehicles	Sch. 4
Act
amendments to other Acts	136–178
application, relationship to other Acts	5
commencement	2
Crown bound by	6
object	4
purpose and outline	1
savings and transitional provisions	135, 179, Sch. 9, Sch. 10
Adjoining land
access to controlled access roads from	Sch. 2
condition of	46, 61, Sch. 6
owners', occupiers' agreements to conduct works	121
owners', occupiers' duty of care	113
owners', occupiers' right to access roads from	9
road authorities' right of physical support from	Sch. 5
Advertising	66–70
Alpine Resorts (Management) Act 1997	37, 148
Ancillary areas	3, 18, 37
Arterial roads
access to, from	119–120, Sch. 4
coordinating road authorities for	36
declarations	14
definition	3
management of reserved land adjacent to	Sch. 5
property in land under	Sch. 5
responsible road authorities for	37
road authorities' road management functions	120
traffic management, clearways	119–120, Sch. 4
transitional provisions	Sch. 9
VicRoads' road management functions	119
Authorised officers
appointment	71
assistance for	77–78
complaints about	87
confidentiality	89
definition	3
identification	72–73
offences regarding	73, 79–84, 89
powers (general)	74
powers and duties regarding
advertising	69
entry	74–75, 77, 85–86
Link road, Extension road	134
obtaining name and address	76
road management infringement notices	90, 92
protection against self-incrimination	81
service of documents by, in response to	88
Subject	Section
Bills and billboards See Advertising
Bridges	130, Sch. 3, Sch. 9
Building Act 1993	5
Charges for services See Fees and charges
City Link See Link road and Link corporation
Claims for damages See Damages
Codes of practice
as evidence	27
availability	29
commencement of operation	29
consultation requirements	28
definition	3
disallowance	30
making of	28
matters provided for	25, 37, 125
notice requirements	29
power to apply, adopt, incorporate material	26
purposes	24
tabling	30
Compensation	70, 127, Sch. 5
Complaints	87
Consent
evidence of reasonableness	27
fees	122
guidance in codes of practice	25
regulations	132
required in relation to
access to freeways, controlled access roads	60, Sch. 2, Sch. 6
advertising, signs, bills	66
ancillary areas	18
declarations of roads	11
entry on private land by authorised officers	74, 75
road management functions on arterial roads	120
use of land	Sch. 3, Sch. 5
works	63, 65, Sch. 7
Construction of public roads
development contributions	56–59
standards	41, Sch. 3
State road authorities' powers and duties	43, Sch. 3, Sch. 5
Controlled access roads
access, exit points to and from	60, Sch. 2, Sch. 6
declarations	42, Sch. 2
definition	3
review of decisions regarding access to	126
Coordinating road authorities
definition	3
determination	36
exercise of functions and powers	38
for designated road projects	16
Subject	Section
powers and duties regarding
advertising	66–68, 70
ancillary areas	18
boundaries of roads	13
controlled access roads	42, Sch. 2
discontinuance of roads	12
infrastructure and works on roads	48, 63, 65, Sch. 7
names of roads	11
registers of public roads	17, 19
State road authorities as	Sch. 3, Sch. 4, Sch. 6
VicRoads in relation to Link, Extension road as	134
Crossings	Sch. 3
Crown
as responsible road authority	37
bound by Act	6
boundaries of roads vested in	13
not liable for roads by reason only of tenure	129
not liable for fencing of public highways	109, Sch. 5
property in roads	Sch. 5
Crown land
ancillary areas on	18
availability	Sch. 3
declarations of roads over	11
property in roads on	Sch. 5
responsible road authorities for roads on	37
roads on	128–129
use by State road authorities	Sch. 5
See also Reserved land
Damages
proceedings, claims for resulting from negligence
application, construction of Part 6, Division 2	99–100
claims procedure	114–116
condition reports for use in	114–116
contributory negligence	105, 106
defence to prove that reasonable care taken	105
definitions	97, 110
duty of care of owners, occupiers of adjoining land	113
liability of road authorities	102–104
limits on liability for property damage	110–111
matters road authorities not liable for	107–109
notice of incidents	114–115
principles concerning performance of road management functions	101
recovery by road authorities for damage to roads	112
Declarations	11, 14, 42, Sch. 2
Definitions	3, 97, 110, 115, Sch. 2, Sch. 4, Sch. 5, Sch. 7, Sch. 9, Sch. 10
Designated road projects	3, 16
Development contributions	56–59
Subject	Section
Deviations	Sch. 3
Disputes	125
Easements	Sch. 5
Entry powers	74–75, 77, 85–86
Evidence
certificates of Link, Extension corporations	134
certificates of road authorities	96, 124
codes of practice	27
condition reports	116
Exemptions	12, 23
Extension road and Extension corporation
application of Act, regulations to	5, 133–134
authorised officers' powers	71
definitions	3
Extension corporation	3, 5, 134
road management plans	52
Fees and charges	122–123, 132
Fences	109, Sch. 3, Sch. 5, Sch. 6
Forests Act 1958
amendments to	157–158
roads on land administered under
ancillary areas	18
declarations	11, 14
property in	Sch. 5
responsible road authorities	37
Freeways
access to	60, Sch. 2, Sch. 6
compensation payable as result of construction of	127
declarations	14
definition	3
property in land under	Sch. 5
transitional provisions	Sch. 9
VicRoads as co-ordinating, responsible authority	36–37
VicRoads' road management functions	119
Hoardings See Advertising
Infrastructure
application of Building Act 1993 to	5
definition	3
not part of road reserves	Sch. 5
notice of incidents, condition reports	114–116
purpose of Part 4, Division 4	47
regulations	132
works and infrastructure principles	3, 20
See also Non-road infrastructure; Road infrastructure; Road-related infrastructure; Works
Infrastructure managers
application of Act to	5
authorisation to remove trees	Sch. 3
definition	3
duties	48, 64, Sch. 7
See also Codes of practice
Subject	Section
Infringements See Road management infringements
Inspection of roads	40–41, 116, Sch. 3
Land
availability	Sch. 3
compensation payable if access denied	127
compulsory acquisition	127, Sch. 5
declarations of roads over freehold land	11
definition	3
See also Adjoining land; Crown land; Reserved land
Leases and licences	Sch. 5
Legal proceedings	94, 96
Liability
effect of Part 6	98
matters Crown not liable for	109, 129, Sch. 5
of persons other than road authorities	112–113
of road authorities in relation to
acts, omissions in accordance with policies	103, 105
defects in, deterioration of roads	102
fencing of public highways	109, Sch. 5
hazards on roads	102
maintenance of roads	105
property damage	110–111
public highways which are not public roads	107
roadsides of public highways	107
tar damage	110
where duty to perform and discretionary power to remedy	104
partial abrogation of "ratione tenure" rule	129
road authorities not liable as occupiers	108
See also Damages
Link road and Link corporation
application of Act, regulations to	5, 133–134
authorised officers' powers	71
definitions	3
Link corporation	3, 5, 134
road management plans	52
Local Government Act 1989	5, 143–147
Maintenance and repairs
definitions	3
road authorities' powers and duties	40
standards	40–41
State road authorities' powers and duties	43, Sch. 3, Sch. 5, Sch. 6
See also Damages; Liability
Median strips	37
Melbourne City Link See Link road and Link corporation
Subject	Section
Minister
appeals against declarations by VicRoads to	14
delegation	117
directions to road authorities	22
powers and duties regarding
codes of practice	26, 28–30
compulsory acquisition of land	Sch. 5
coordinating road authorities	36
designated road projects	16
information, advice from road authorities	21
Orders in Council as to exemptions	23
policies as to leases and licences	Sch. 5
responsible road authorities	37
threshold amounts for property damage	111
Utilities Infrastructure Reference Panel	31, 132
See also Relevant road Ministers; Relevant utility Ministers
Motor vehicles	3, Sch. 4
Municipal Association of Victoria	28
Municipal councils
appeals against declarations by VicRoads	14
application of Local Government Act 1989 to	5
appointment of authorised officers	71
as co-ordinating, responsible road authorities	36–37
consultation regarding controlled access roads	Sch. 2
declarations of roads	11
powers and duties regarding traffic management	Sch. 4
relevant municipal council (def.)	3
vesting of roads in	Sch. 5
Municipal roads
co-ordinating, responsible road authorities for	36–37
declarations	11, 14
definition	3
transitional provisions	Sch. 9
National Parks Act 1975
amendments to	164–165
roads on land administered under
ancillary areas	18
declarations	11, 14
property in	Sch. 5
responsible road authorities	37
Navigable waters	130
Negligence See Damages; Liability
Non-arterial State roads
co-ordinating, responsible road authorities for	36–37
declarations	11, 14
definition	3
State road authorities' powers as to parking in	Sch. 4
Non-road infrastructure	3, 5, Sch. 7
Occupiers See Adjoining land
Subject	Section
Offences and penalties
proceedings	94, 96
road management infringements	3, 90–95, Sch. 8
regarding
access to freeways, controlled access roads	60
adjoining land	61
advertising	66–70
authorised officers	73, 79–84, 89
obstruction of roads	62
works	63–65
Orders in Council	23
Owners
development contributions from	56–59
See also Adjoining land
Parking	Sch. 4
Pathways
definition and examples	3
inspection, maintenance, repair, construction	40–41
responsible road authorities for	37
State road authorities' powers	Sch. 3, Sch. 4
Police	78, 96
Policies and policy decisions
evidence of reasonableness	27
in road management plans	52
liability of persons acting in accordance with	103, 105
making of and decisions considered to be	39
referred to in condition reports	116
regarding
controlled access roads and adjoining land	126, Sch. 2
leases and licences	Sch. 5
standards of inspection, maintenance, repairs	40–41
traffic management	Sch. 4
Principal object of road management
definition	3
principles	20
Private roads	Sch. 6
Providers of public transport	3, 125
See also Codes of practice
Public authorities	11, 16, 18, Sch. 5
Public highways
definition	3
matters Crown, road authorities not liable for	107, 109, Sch. 5
rights of public	10
roads, land dedicated as	11
vesting of	Sch. 5
Public roads	3, 14, 17
Registers of public roads
construction of references to	3
inspection, keeping of	19
matters included in	15, 16, 18, 19, Sch. 1
registration in, removal from	17
Subject	Section
Regulations	3, 132–133
Relevant road Ministers
consultation with regarding codes of practice	28
definition	3
delegation	117
directions to road authorities	22
powers and duties	12, 21, 125
Relevant utility Ministers	3, 28, 125
Repairs See Maintenance and repairs
Reserved land
ancillary areas on	18
declarations of roads over	11, 14
managed by VicRoads if adjacent to arterial roads	Sch. 5
property in roads on	Sch. 5
responsible road authorities for roads on	37
Responsible road authorities
definition	3
determination, guidelines for ascertaining	37
for designated road projects	16
for non-arterial State roads	36
inspection of condition of roads, infrastructure	116
Link corporation, Extension corporation as	134
powers and duties regarding ancillary areas	18
Review	57, 126
Rights of way	Sch. 5
Road authorities
appeals against declarations by VicRoads	14
definition and construction of references to	3
delegation	118
disputes	125
exercise of functions, powers	38
Ministerial directions to	22
powers, functions and role in general	33–35
powers, functions and role regarding
agreements to conduct additional works	121
arrangements for transfer of road management functions	15, 16
arterial roads	120
authorised officers	71–72, 85–87
bridges, tunnels across navigable waters	130
compensation	127
construction	41
controlled access roads	42, Sch. 2
declarations of roads	11
designated road projects	16
entry powers	75, 85–86
fees and charges for services	122–123, 132
information, advice for Minister	21
infrastructure and works	47–48, Sch. 7
inspection of roads	40–41, 116
institution of proceedings	96
Subject	Section
maintenance and repairs	40–41
physical support from land adjoining road	Sch. 5
property in roads	Sch. 5
road management plans	49–55
See also Codes of practices; Damages; Coordinating road authorities; Liability; Municipal councils; Policies and policy decisions; Responsible road authorities; State road authorities; VicRoads
Road infrastructure	3, 40–41, Sch. 3
Road management
definition of road management functions	3
principal object and management principles	3, 20
Road management infringements	3, 90–95, 132, Sch. 8
Road management plans
amendments	54
availability	55
considered to be policies, policy decisions	39
contents	52
making of	49, 54
power to apply, adopt, incorporate other matter	53
purposes	50
referred to in condition reports	116
standards in	40–41, 51, 52
submissions regarding	54
Road Ministers See Relevant road Ministers
Road projects See Designated road projects
Road-related infrastructure	3, 37, 40–41
Road reserves	3, Sch. 3, Sch. 5
Road Safety Act 1989
amendments to	138–142
consideration of matters specified in s. 17A(1) of	106
works, non-road activities under ss 99A, 99B of	25, 27, 48
Roads
abrogation of obsolete common law classifications	128
boundaries	13, 14, Sch. 5
classification	11, 14
creation	11
declarations	11, 14, 42, Sch. 2
definition	3
deviations	Sch. 3
discontinuance	11, 12, 14, 19
interference with	63
names, changes of name	11
obstruction	62, Sch. 4
partial abrogation of "ratione tenure" rule	129
property in	Sch. 5
regulations	132
revocation of declarations	14
rights of road users	7–10
Subject	Section
survey marks	Sch. 3
temporary roads	Sch. 3
transitional provisions	Sch. 9
use by State road authorities for its other functions	Sch. 5
vesting of	Sch. 5
See also Ancillary areas; Public highways; Registers of public roads; the names of specific kind of roads, e.g. Arterial roads
Roadsides	3, 37, 107
Roadways	3, 40–41, Sch. 3, Sch. 4
Savings provisions	135, 179, Sch. 9, Sch. 10
Self-incrimination
protection from	81
Service of documents	88
Service roads	37
Shoulders	3, 40
Signs See Advertising
Speed limits	Sch. 4
State road authorities
definition	3
powers and duties regarding
access points to controlled access roads	Sch. 6
appointment of authorised officers	71
compulsory acquisition of land	Sch. 5
construction, maintenance and repairs	43, Sch. 3, Sch. 6
declarations of roads	11
development contributions	56–59
private roads	Sch. 6
protection of roads, adjoining land	46, Sch. 6
road property	45, Sch. 5
strata	Sch. 5
traffic management	44, Sch. 4
works to ensure structural integrity of roads	Sch 6
specific powers and duties	Sch. 3
use of land	Sch. 3, Sch. 5
use of roads for its other functions	Sch. 5
See also VicRoads
State roads	3, Sch. 3, Sch. 9
Supreme Court
limitation of jurisdiction	131
Traffic management	3, 44, 119–120, Sch. 4
Transitional provisions	135, 179, Sch. 9, Sch. 10
Transport Act 1983	5, 136–137
Transport (Roads and Property) Regulations 1993
revocation	132
Trees	Sch. 3
Tribunal See Victorian Civil and Administrative Tribunal
Tunnels	130
Subject	Section
Unregistered vehicles	Sch. 4
Urban areas (def.)	3
Utilities	3, 125
Utilities Infrastructure Reference Panel	3, 28, 31–32, 132
Utility Ministers See Relevant utility Ministers
VicRoads
as committee of management of reserved land	Sch. 5
as coordinating road authority	36, 134
as responsible road authority	37
construction of provisions of Transport Act 1983	5
definition	3
powers and duties regarding
appointment of authorised officers	71
arterial roads	119–120, Sch. 4
controlled access roads	Sch. 2
declarations of roads	11, 14
freeways	60, 119, Sch. 2, Sch. 6
leases, licences	Sch. 5
Link road, Extension road	134
projects assigned to	119
road management functions	119–120
roads vested in	Sch. 5
Victorian Civil and Administrative Tribunal	57, 126
Works
agreements to conduct on adjacent, nearby land	121
consent of coordinating authority	63, 65, Sch. 7
definition	3
notice of completion	64, Sch. 7
purpose of Part 4, Division 4	47
rectification	27, Sch. 7
regulations	132
State road authorities' powers	Sch. 4
to ensure structural integrity of roads	Sch. 6
transitional provisions	Sch. 10
works and infrastructure principles	3, 20
Works and infrastructure management principles
definition	3
principles	20
Works managers
application of Act to	5
authorisation to remove trees	Sch. 3
definition	3
duties	48, 64, Sch. 7
See also Codes of practice