Victorian Numbered Regulations

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ROAD MANAGEMENT (INTERIM) REGULATIONS 2004 (SR NO 84 OF 2004) - REG 6

When notice of proposed amendment is not required

r. 6

A road authority is not required to give notice under regulation 5 if the Chief Executive Officer (however described) of the road authority certifies in writing that the proposed amendment to the road management plan results in the determination under section 41 of the Road Management Act 2004 of a standard and—

        (a)     that standard is higher than a relevant standard previously determined under section 41 of that Act; or

Example

The Chief Executive Officer may give a certification if the proposed amendment to the road management plan results in the determination of a standard that—

              •     would provide for more frequent inspection or maintenance of a road; or

              •     would decrease the period of time within which defects are to be repaired—

but not if the determination of a standard—

              •     would provide for less frequent inspection or maintenance of a road; or

              •     would increase the period of time within which defects are to be repaired.

        (b)     the determination of that standard only deals with changes to administrative procedures within a road authority or between road authorities; or

Example

The Chief Executive Officer may give a certification if the proposed amendment to the road management plan results in a determination of a standard consequent on the transfer of responsibility for a road or part of a road from one road authority to another.

        (c)     the determination of that standard only deals with changes of a machinery or declaratory nature.

Example

The Chief Executive Officer may give a certification if the proposed amendment to the road management plan results in a determination of a standard consequent on—

              •     the name of a road changing; or

              •     a road closing; or

              •     a road ceasing to be a public road.



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