Victorian Numbered Acts

ROAD MANAGEMENT ACT 2004 (NO 12 OF 2004) - SCHEDULE 3

SCHEDULE 3

Sch. 3

SPECIFIC POWERS OF STATE ROAD AUTHORITIES

        1.     Power to inspect, construct, maintain and repair roads

A State road authority may—

        (a)     establish, construct, vary and extend roads and road infrastructure;

        (b)     fix and alter the level and alignment of roadways and pathways;

        (c)     inspect, maintain and repair roads and road infrastructure;

        (d)     for the purpose of paragraphs (a), (b) and (c), perform any other road management function under this Act.

        2.     Power to determine the standard of construction

    (1)     A State road authority may determine the standard to which a road or any part of a road is to be constructed.

    (2)     For the purposes of this clause, a State road authority must have regard to—

        (a)     the principal object of road management;

        (b)     any relevant Code of Practice and any standard or technical reference or other document referred to or incorporated in a relevant Code of Practice;

        (c)     the economic, budgetary, social, environmental or policy factors, objectives or constraints which apply to the State road authority.

        3.     Power to deviate roads

    A State road authority may deviate a road through available land (whether or not the land is subject to any rights of way).

        4.     Power to remove unlawful objects from road reserve

A coordinating State road authority may remove, alter or obliterate anything which is unlawfully located on a road reserve other than—

        (a)     road infrastructure for which another road authority is the infrastructure manager; or

        (b)     non-road infrastructure.

        5.     Power to erect signs and number roads

    A relevant coordinating State road authority may—

        (a)     erect signs on a State road; and

        (b)     approve, assign and change the number of a State road.

        6.     Power to establish survey marks

A State road authority may cause standard survey marks to be established in roads.
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        7.     Power to provide for temporary roads

    (1)     A State road authority may provide temporary roads.

    (2)         For the purposes of enabling works to be carried out on or over a road, or land next to a road, a State road authority may—

        (a)     fence off and occupy part of the road;

        (b)     erect a structure or temporary crossing for vehicles on, or over, the road;

        (c)     permit a person to do anything the State road authority may do under paragraph (a) or (b).

    (3)     Clause 11 of Schedule 5 applies to the exercise of the power conferred by this clause.

    (4)     The power conferred by this clause is subject to the State road authority obtaining any applicable consent, permit or authorisation under this Act or any other Act.

        8.     Powers concerning fences, gates and by-passes

A State road authority may—

        (a)     permit the erection and maintenance of gates and fences on or near roads;

        (b)     permit the construction of by-passes for unfenced roads and for this purpose to require—

              (i)     the removal of any gate;

              (ii)     the erection of notices giving warning of the by-pass;

              (iii)     the maintenance of the by-pass and notices;

        (c)     revoke the permission given under paragraphs (a) and (b) and require the removal of the gates, fences, notices and by-passes.

        9.     Powers concerning crossings over footpaths and channels

A State road authority may—
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        (a)     make a bridge or crossing over any footpath or channel next to a road to enable a person using the road to have access to land on the other side of the footpath or channel;

        (b)     maintain, repair or reconstruct the bridge or crossing;

        (c)     permit a person to do anything the State road authority may do under paragraph (a) or (b);

        (d)     require a person to do anything the State road authority may do under paragraph (a) or (b).

        10.     Power to remove certain trees or vegetation

    (1)     A coordinating State road authority may lop or remove any tree or vegetation on a road, or lop any tree or vegetation overhanging a road, if the coordinating State road authority considers that it is necessary to do so—

        (a)     to remove a danger to road users; or

        (b)     to prevent damage or obstruction to the operation of road infrastructure or non-road infrastructure; or

        (c)     to carry out works on the road or infrastructure on the road.

    (2)     A coordinating State road authority may authorise an infrastructure manager or works manager to exercise the power conferred by this clause.

    (3)     The powers conferred by this clause are subject to any relevant requirements or restrictions which apply by or under any other Act.

        11.     Available land

    (1)     For the purposes of this Schedule, a power requiring the use of any land is subject to the land being available land.

    (2)     Crown land is available land if the Minister administering the relevant Crown land has given consent to the use of the land.

    (3)     Private land is available land—

        (a)     if the consent of the owners and occupiers to the use of the land has been obtained; or

        (b)     if the land is acquired under the Land Acquisition and Compensation Act 1986 ; or

        (c)     if the land is temporarily occupied under section 75 of the Land Acquisition and Compensation Act 1986 .

    (4)     For the purposes of sub-clause (3), private land includes Crown land held under lease or licence.
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    (5)     Land is available land if it is within a road reserve or is land owned by the coordinating road authority.

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