S. 3(1) def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 15.1). film permit has the same meaning as in the Filming Approval Act 2014; freeway means a road declared to be a freeway under section 14; infrastructure means road infrastructure and nonroad infrastructure; S. 3(1) def. of infrastructure manager amended by No. 17/2009 s. 10(1). infrastructure manager means— (a) in relation to road infrastructure, the responsible road authority under section 37; or (b) subject to subsection (5), in relation to non-road infrastructure, the person or body that is responsible for the provision, installation, maintenance or operation of the nonroad infrastructure; S. 3(1) def. of Infrastructure Reference Panel inserted by No. 17/2009 s. 11(1)(a). Infrastructure Reference Panel means the Panel established under section 31; land includes any estate, interest, easement, servitude, privilege or right in or over land and strata above or below the surface of land and easements and rights to use strata above or below the surface of land; Link corporation has the same meaning as it has in section 3 of the Link Act 1995; Link road has the same meaning as it has in section 3 of the Melbourne City Link Act 1995; maintenance of any road and infrastructure includes the execution of all works of any
A footpath or bicycle path constructed on a road reserve by a responsible road authority for use by the general public would be a pathway. A foot trodden track over roadside land or a path that connects from a roadway or footpath to privately owned land would not be a pathway. S. 3(1) def. of Peninsula Link Freeway inserted by No. 70/2012 s. 3(1). Peninsula Link Freeway means the land in the Peninsula Link project area that is declared to be a freeway under section 193 of the Major Transport Projects Facilitation Act 2009; S. 3(1) def. of Peninsula Link Freeway Corporation inserted by No. 70/2012 s. 3(1). Peninsula Link Freeway Corporation means the person who, for the time being, is the Peninsula Link Freeway Corporation under section 134C; S. 3(1) def. of Peninsula Link project area inserted by No. 70/2012 s. 3(1). Peninsula Link project area means the area of land designated as the project area for the Peninsula Link Project by the Order under section 95(2) of the Major Transport Projects Facilitation Act 2009 published in Special Government Gazette S91 on 16 March 2010 and as varied from time to time under section 96(3) of the Major Transport Projects Facilitation Act 2009; S. 3(1) def. of Peninsula Link Project Deed inserted by No. 70/2012 s. 3(1). Peninsula Link Project Deed means the deed entered into between the Minister for Roads and Ports on behalf of the Crown in right of the State of Victoria and Southern Way Pty Limited ACN 136 724 733 on 20 January 2010; S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 146.1). police officer has the same meaning as in the Victoria Police Act 2013; prescribed means prescribed by the regulations;
principal object of road management means the principal object specified in section 20(1); S. 3(1) def. of provider of public transport amended by Nos 6/2010 s. 203(1) (Sch. 6 item 41.1(a)) (as amended by No. 45/2010 s. 22), 13/2009 s. 86. provider of public transport includes— (a) a rail corporation, a train operator or a tram operator under the Rail Management Act 1996; or (b) a person providing a regular passenger service within the meaning of the Bus Services Act 1995 under the authority of a service contract within the meaning of that Act; public highway means any area of land that is a highway for the purposes of the common law; public road means a public road within the meaning of section 17; S. 3(1) def. of Public Transport Development Authority inserted by No. 61/2011 s. 25(Sch. 1 item 10.1). Public Transport Development Authority has the same meaning as it has in section 3 of the Transport Integration Act 2010; regulate traffic means restrict, direct, control or prohibit the passage along a road of persons, vehicles or other kinds of traffic; regulations means regulations made under this Act; S. 3(1) def. of relevant Minister inserted by No. 17/2009 s. 13(1)(a). relevant Minister means— (a) the Minister administering this Act, if the coordinating road authority is VicRoads; (b) the Minister administering the Local Government Act 1989, if the
S. 5(8B) inserted by No. 39/2004 s. 263, amended by No. 95/2005 s. 13(2)(a)–(c). (8B) The EastLink Corporation must not exercise any power or carry out any duty under this Act in a manner that is not consistent with the EastLink Project Act 2004 or the EastLink Agreement. S. 5(8C) inserted by No. 70/2012 s. 4. (8C) The Peninsula Link Freeway Corporation must not exercise any power or carry out any duty under this Act in a manner that is not consistent with the Peninsula Link Project Deed. S. 5(9) amended by No. 81/2006 s. 63. (9) This Act is not intended to affect native title rights and interests otherwise than in accordance with the Native Title Act 1993 of the Commonwealth. (10) This Act does not limit the operation of— S. 5(10)(a) repealed by No. 6/2010 s. 203(1) (Sch. 6 item 41.3) (as amended by No. 45/2010 s. 22). * * * * * S. 5(10)(b) amended by Nos 81/2006 s. 52(2), 6/2010 s. 203(1) (Sch. 6 item 41.4) (as amended by No. 45/2010 s. 22). (b) section 254B of the Transport (Compliance and Miscellaneous) Act 1983 as proposed to be inserted in that Act by section 4 of the Transport (Highway Rule) Act 2002. S. 5A inserted by No. 6/2010 s. 24(5)(Sch. 1 item 14.2) (as amended by No. 45/2010 s. 5). 5A Transport Integration Act 2010 This Act is transport legislation within the meaning of the Transport Integration Act 2010.
(c) the avoidance or minimisation of disruption to plans for the development of road infrastructure and non-road infrastructure; (d) the avoidance or minimisation of disruption to traffic; S. 20(2)(da) inserted by No. 17/2009 s. 14(5). (da) the priority of different modes of transport on specified roads; S. 20(2)(e) amended by No. 17/2009 s. 12(5). (e) the avoidance or minimisation of disruption to the effective and efficient delivery of utility and public transport services; (f) the efficient use of resources of road authorities and infrastructure managers and the minimisation of cost to the community of infrastructure and services. S. 21 amended by No. 17/2009 s. 13(3)(a). 21 Ministers may require information or advice The Minister or any relevant Minister may require information or advice from a road authority which the Minister or relevant Minister requires for the purposes of the administration of this Act. 22 Power of Ministers to give directions S. 22(1) amended by No. 17/2009 s. 13(3)(a). (1) If the Minister or a relevant Minister considers it in the public interest to do so, the Minister or relevant Minister may, after complying with subsection (2), direct a road authority— (a) to perform a function or exercise a power of the road authority under this Act; or (b) to perform a function or exercise a power of the road authority under this Act in the
S. 48A inserted by No. 9/2006 s. 160, amended by No. 17/2009 s. 16, substituted by No. 22/2013 s. 67. 48A Definitions In this Division— rail infrastructure means rail infrastructure within the meaning of the Rail Safety (Local Operations) Act 2006 or the Rail Safety National Law (Victoria); rail transport operator means a rail transport operator within the meaning of the Rail Safety (Local Operations) Act 2006 or the Rail Safety National Law (Victoria); railway operations means railway operations within the meaning of the Rail Safety (Local Operations) Act 2006 or the Rail Safety National Law (Victoria); rolling stock means rolling stock within the meaning of the Rail Safety (Local Operations) Act 2006 or the Rail Safety National Law (Victoria); works contractor means a person engaged directly or indirectly by a responsible road authority or an infrastructure manager or works manager to carry out works on behalf of the responsible road authority or infrastructure manager or works manager, and includes a sub-contractor. S. 48B inserted by No. 9/2006 s. 160, substituted by No. 17/2009 s. 17. 48B Duty of responsible road authority, infrastructure manager or works manager in relation to works on or in immediate vicinity of rail infrastructure or rolling stock A responsible road authority or an infrastructure manager or works manager must, when exercising a power or performing a duty under this Act on or in the immediate vicinity of rail infrastructure or rolling stock, ensure, so far as is reasonably
an offence under one of those sections in respect of that failure. S. 48DB (Heading) amended by No. 22/2013 s. 69(1). S. 48DB inserted by No. 17/2009 s. 18, amended by No. 22/2013 s. 69(2). 48DB Duty of rail transport operator in relation to works on or in immediate vicinity of road infrastructure A rail transport operator must, when exercising a power or performing a duty under this Act on or in the immediate vicinity of road infrastructure, ensure, so far as is reasonably practicable, that he, she or it exercises the power or performs the duty safely. In the case of a natural person, 1800 penalty units; In the case of a body corporate, 9000 penalty units. Note to s. 48DB inserted by No. 19/2010 s. 45, amended by No. 22/2013 s. 69(3). Note See also Division 2 of Part 4 of the Rail Safety (Local Operations) Act 2006 and Subdivision 2 of Division 6 of Part 3 of the Rail Safety National Law (Victoria). S. 48DC inserted by No. 17/2009 s. 18. 48DC Exercising a power or performing a duty safely (1) To avoid doubt, a duty imposed on a person under this Division to ensure, so far as is reasonably practicable, that a power is exercised, or a duty is performed, safely requires the person to— (a) eliminate risks to safety so far as is reasonably practicable; and (b) if it is not reasonably practicable to eliminate risks to safety, to reduce those risks so far as is reasonably practicable. (2) To avoid doubt, for the purposes of this Division, regard must be had to the following matters in determining what is (or was at a particular time) reasonably practicable in relation to ensuring that
Notes to s. 48EC(3) amended by No. 22/2013 s. 71(3). Notes 1 See clause 8 of Schedule 7 for notification requirements in certain circumstances. 2 There may also be notification obligations which are relevant under the Rail Safety (Local Operations) Act 2006 and the Rail Safety National Law (Victoria). S. 48F (Heading) amended by No. 22/2013 s. 72(1). S. 48F inserted by No. 9/2006 s. 160, amended by No. 17/2009 s. 20(4) (ILA s. 39B(1)). 48F Notification of road authorities before railway operations carried out S. 48F(1) amended by No. 22/2013 s. 72(2). (1) A rail transport operator must, before carrying out railway operations that will threaten, or are likely to threaten, the safety of a road authority's road infrastructure, notify that road authority of the rail transport operator's intention to carry out those operations. In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. S. 48F(2) inserted by No. 17/2009 s. 20(4). (2) Notification under this section must be given— (a) in writing; and S. 48F(2)(b) amended by No. 22/2013 s. 72(3). (b) unless subsection (3) applies, at least 28 days before the proposed carrying out of the railway operations. S. 48F(3) inserted by No. 17/2009 s. 20(4), amended by No. 22/2013 s. 72(4)(a). (3) If the proposed carrying out of the railway operations is due to the existence of an emergency or the requirement to carry out urgent works, the
passengers boarding and disembarking the bus; S. 48H def. of Secretary amended by No. 70/2013 s. 4(Sch. 2 item 43.3), substituted as relevant authority by No. 45/2016 s. 4. relevant authority means— (a) the Public Transport Development Authority; or (b) the Secretary to the Department of Economic Development, Jobs, Transport and Resources; tram stop infrastructure means the facilities, signage and amenities provided in connection with a tram stopping point including poles, tram stop flags, tram timetable information and real time information signage, tactile ground surface indicators, tram stop platforms and shelters and other public transport related signage; tram stopping point means a location designated for a tram to stop for the purposes of passengers boarding and disembarking the tram. S. 48I inserted by No. 17/2009 s. 23. 48I Application of Division (1) This Division does not limit the application of any other provisions of this Act which apply generally in relation to infrastructure and works on roads. S. 48I(2) amended by No. 45/2016 s. 5. (2) The relevant authority must comply with the requirements of clause 16 of Schedule 7 before conducting any proposed works in the exercise of the powers conferred on the relevant authority under this Division.
Division 4—Enforcement 90 Power to serve road management infringement notice S. 90(1) amended by Nos 24/2005 s. 18(1), 37/2014 s. 10(Sch. item 146.3). (1) An authorised officer or police officer may serve a road management infringement notice on a person whom the authorised officer or police officer has reason to believe has committed a road management infringement specified in Schedule 8 or in the regulations. S. 90(2) substituted by No. 32/2006 s. 94(Sch. item 43(1)). (2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. (3) Schedule 8 has effect. S. 91 repealed by No. 32/2006 s. 94(Sch. item 43(2)). * * * * * S. 92 amended by No. 24/2005 s. 18(2)(3), repealed by No. 32/2006 s. 94(Sch. item 43(2)). * * * * * S. 93 amended by No. 24/2005 s. 18(4), repealed by No. 32/2006 s. 94(Sch. item 43(2)). * * * * * Ss 94, 95 repealed by No. 32/2006 s. 94(Sch. item 43(2)). * * * * *
authority, infrastructure manager or works manager has under any other Act or at common law. Pt 6 Div. 2 (Heading and ss 99–106) inserted by No. 39/2004 s. 270(1). Division 2—Negligence S. 99 inserted by No. 39/2004 s. 270(1). 99 Application of Division This Division applies to any claim for damages resulting from negligence in relation to the performance or non-performance of a road management function, regardless of whether the claim is brought in tort, in contract, under statute or otherwise. S. 100 inserted by No. 39/2004 s. 270(1). 100 Application of Part XII of Wrongs Act 1958 This Division is to be construed as being in addition to and not in derogation of Part XII of the Wrongs Act 1958. S. 101 inserted by No. 39/2004 s. 270(1). 101 Principles concerning performance of road management functions (1) In determining whether a road authority, infrastructure manager or works manager has a duty of care or has breached a duty of care in respect of the performance of a road management function, a court is to consider the following principles (amongst other relevant things including the principles specified in section 83 of the Wrongs Act 1958)— (a) the character of the road and the type of traffic that could reasonably be expected to use the road; (b) the standard of maintenance and repair appropriate for a road of that character used by traffic of that type;
compensate the Peninsula Link Freeway Corporation for economic loss or to pay any form of penalty.". (8) Clause 17 applies as if after subclause (4) there were inserted— "(4A) A Code of Practice applying to works on the Peninsula Link Freeway must not be inconsistent with the Peninsula Link Project Deed.". S. 135 amended by No. 95/2005 s. 14(a). 135 Transitional and savings provisions Schedules 9 and 10 have effect. Pt 8 (Heading and ss 136–179) amended by No. 39/2004 ss 276(1), 277, repealed by No. 95/2005 s. 14(b). * * * * * 1 Matters which must be included in a register of public roads The register must include— (a) the name of each public road or, if a road is unnamed, a description which enables the particular road to be easily identified;
Assent Date: 19.10.10 Commencement Date: S. 11 on 1.11.10: Government Gazette 21.10.10 p. 2531 : This information relates only to the provision/s amending the Road Management Act 2004 Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011 Assent Date: 15.11.11 Commencement Date: S. 25 on 15.12.11: Special Gazette (No. 407) 13.12.11 p. 1; Sch. 1 item 10 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1 : This information relates only to the provision/s amending the Road Management Act 2004 Road Safety Amendment Act 2012, No. 50/2012 Assent Date: 4.9.12 Commencement Date: Ss 30, 31 on 1.10.12: Special Gazette (No. 324) 26.9.12 p. 2 : This information relates only to the provision/s amending the Road Management Act 2004 Road Management Amendment (Peninsula Link) Act 2012, No. 70/2012 Assent Date: 20.11.12 Commencement Date: Ss 3–12 on 5.12.12: Special Gazette (No. 419) 4.12.12 p. 1 : This information relates only to the provision/s amending the Road Management Act 2004 Rail Safety National Law Application Act 2013, No. 22/2013 Assent Date: 23.4.13 Commencement Date: Ss 66–73 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2 : This information relates only to the provision/s amending the Road Management Act 2004 Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013, No. 55/2013 Assent Date: 24.9.13 Commencement Date: S. 26 on 25.9.13: s. 2(1) : This information relates only to the provision/s amending the Road Management Act 2004 Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: S. 4(Sch. 2 item 43) on 1.12.13: s. 2(1) : This information relates only to the provision/s amending the Road Management Act 2004 Emergency Management Act 2013, No. 73/2013