Victorian Numbered Acts Victorian Numbered Acts(1) A road can be discontinued in accordance with this section.
(2) The relevant coordinating road authority may in accordance with this section discontinue a road, or part of a road, by a notice published in the Government Gazette.
(3) If a road is discontinued and the land is not Crown land, the land vests in the coordinating road authority.
(4) Subject to sub-section (11), the coordinating road authority must—
(a) publish a public notice stating that submissions in respect of the proposed discontinuance of the road specified in the public notice will be considered in accordance with this section; and
(b) give a copy of the public notice to each infrastructure manager which is responsible for any infrastructure, of which the coordinating road authority is aware, installed in, on, under or over the road.
(5) The coordinating road authority must consider any written submission which is received by the coordinating road authority within 28 days after the publication of the public notice under sub-section (4).
(6) Any person who has made a written submission to the coordinating road authority and requested that the person be heard in support of the written submission is entitled to appear in person or by a person acting on behalf of that person at a meeting with the coordinating road authority.
(7) The coordinating road authority must—
(a) fix the day, time and place of the meeting for the purpose of sub-section (6); and
(b) give reasonable notice of the
day, time and place of that meeting to every person who has lodged a separate
submission and in the case of a submission lodged on behalf of a number of
persons, to the person specified in the submission as the person to whom
notice is to be given.
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(8) The coordinating road authority must take into consideration all the submissions made under this section.
(9) If sub-section (4)(b) applies, the coordinating road authority must have regard to the works and infrastructure management principles.
(10) After the coordinating road authority has made a decision, the coordinating road authority must notify in writing—
(a) every person who has lodged a separate submission; and
(b) in the case of a submission lodged on behalf of a number of persons, to the person specified in the submission as the person to whom notice is to be given—
of the decision and the reasons for the decision.
(11) Sub-sections (4) to (10) do not apply in respect of a proposed discontinuance if an exemption—
(a) specified by the regulations applies; or
(b) is given by the relevant road Minister by a notice published in the Government Gazette which specifies the specific proposed discontinuance or which specifies a class of cases which includes the proposed discontinuance.