S. 3(1) def. of Freeway Agreement inserted by No. 39/2004 s. 262(1), repealed by No. 95/2005 s. 13(1)(b). * * * * * S. 3(1) def. of Freeway Corporation inserted by No. 39/2004 s. 262(1), substituted by No. 14/2005 s. 33(1), repealed by No. 95/2005 s. 13(1)(b). * * * * * motor vehicle has the same meaning as it has in section 3(1) of the Road Safety Act 1986; s. 3 municipal road means any road which is not a State road, including any road which— (a) is a road referred to in section 205 of the Local Government Act 1989; or (b) is a road declared by VicRoads to be a municipal road under section 14(1)(b); or (c) is part of a Crown land reserve under the (Reserves) Act 1978 and has the relevant municipal council as the committee of management; non-arterial State road means a State road which is not a freeway or an arterial road;
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 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; s. 3
S. 3(1) def. of specified pedestrian road inserted by No. 17/2009 s. 14(2). specified pedestrian road means a road or part of a road which is specified under section 42A to be a specified pedestrian road; S. 3(1) def. of specified road inserted by No. 17/2009 s. 14(2). s. 3 specified road means a road or part of a road which is specified under section 42A to be a specified road in respect of which a mode of transport is to have priority; S. 3(1) def. of specified tram road inserted by No. 17/2009 s. 14(2). specified tram road means a road or part of a road which is specified under section 42A to be a specified tram road; State road means a road which— (a) is a freeway or arterial road; or (b) is declared to be a non-arterial State road under this Act; or (c) is the responsibility of a State road authority under another Act; S. 3(1) def. of State road authority amended by Nos 39/2004 s. 262(2), 95/2005 s. 13(1)(c), 70/2012 s. 3(2). State road authority means a road authority other than a municipal council, the Extension corporation, the Link corporation, EastLink Corporation or Peninsula Link Freeway Corporation; the Agreement has the same meaning as it has in section 3 of the Link Act 1995; the Extension Agreement has the same meaning as it has in section 3 of the Link Act 1995; s. 3
(i) make a further declaration under subsection (1) in respect of the road; or (ii) specify in the notice of revocation that the road is a non-arterial State road; or (iii) specify in the notice of revocation that the road is a municipal road; or (iv) discontinue the road as a road in accordance with section 12; (b) VicRoads may specify in the notice of revocation that the road ceases to be a public road; (c) VicRoads may specify in the notice of revocation that the classification of the public road has been changed to the classification stated in the notice. (9) A notice under this section is not a subordinate instrument for the purposes of the Interpretation of Legislation Act 1984. S. 15 (Heading) substituted by No. 81/2006 s. 54(1). 15 Arrangements to transfer road management functions s. 15 S. 15(1) substituted by No. 81/2006 s. 54(2), amended by No. 17/2009 s. 12(3). (1) A road authority may enter into an arrangement with another road authority, a utility or a provider of public transport to transfer a road management function of the road authority that would otherwise apply under section 36 or 37 with respect to a road to the other road authority, the utility or the provider of public transport. S. 15(1A) inserted by No. 81/2006 s. 54(3), amended by No. 17/2009 s. 12(4). (1A) A road authority may enter into an arrangement with a utility or a provider of public transport to transfer a road management function of the utility or the provider of public transport to the road authority.
S. 31(5) amended by No. 17/2009 s. 11(3). (5) The Infrastructure Reference Panel may regulate its own procedure. s. 32 S. 31(6) inserted by No. 17/2009 s. 11(6). (6) The Infrastructure Reference Panel is deemed to be the same body as the Utilities' Infrastructure Reference Panel was before the commencement of section 11 of the Transport Legislation Miscellaneous Amendments Act 2009. S. 31(7) inserted by No. 17/2009 s. 11(6). (7) Any reference to the Utilities' Infrastructure Reference Panel in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period after the commencement of section 11 of the Transport Legislation Miscellaneous Amendments Act 2009 and if not inconsistent with the context or subject-matter, must be construed as a reference to the Infrastructure Reference Panel. S. 32 (Heading) amended by No. 17/2009 s. 11(3). S. 32 amended by No. 17/2009 s. 11(3). 32 Functions of the Infrastructure Reference Panel The functions of the Infrastructure Reference Panel are— S. 32(a) amended by No. 17/2009 s. 12(7)(a). (a) to provide advice to the Government of Victoria on the effective coordination of the use of road reserves by utilities and providers of public transport consistent with the principal object of road management; S. 32(b) amended by No. 17/2009 s. 12(7)(b). (b) to act as the vehicle for consultation with, and obtaining advice from, relevant stakeholders, including utilities, providers of public transport and community organisations, in relation to their use of road reserves;
S. 48F(3) inserted by No. 17/2009 s. 20(4). (3) If the proposed carrying out of the rail operations is due to the existence of an emergency or the requirement to carry out urgent works, the period of notice should be as much as is reasonably practicable in the circumstances. 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 Act 2006. S. 48G inserted by No. 9/2006 s. 160, amended by No. 17/2009 s. 22. 48G Certain offences in this Division are indictable offences An offence against section 48B, 48D or 48DB is an indictable offence. Note to s. 48G amended by No. 68/2009 s. 97(Sch. item 105). Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009). Pt 4 Div. 4B (Heading and ss 48H–48P) inserted by No. 17/2009 s. 23. Division 4B—Specific provisions relating to bus stop infrastructure and tram stop infrastructure S. 48H inserted by No. 17/2009 s. 23. 48H Definitions s. 48G In this Division— bus stop infrastructure means the facilities, signage and amenities provided in connection with a bus stopping point including poles, bus stop flags, bus timetable information and real time information signage, tactile ground surface indicators, connecting paths, bus stop hardstands, bus shelters and other public transport related signage;
bus stopping point means a location designated for a bus to stop for the purposes of passengers boarding and disembarking the bus; Secretary means the Secretary to the Department of Transport; 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 s. 48I (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. (2) The Secretary 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 Secretary under this Division. S. 48J inserted by No. 17/2009 s. 23. 48J Powers of Secretary (1) The Secretary may— (a) install bus stop infrastructure and designate bus stopping points; (b) remove, relocate or modify any bus stop infrastructure installed under paragraph (a); (c) remove or relocate any bus stopping point.
S. 52(2A) inserted by No. 39/2004 s. 267, amended by No. 95/2005 s. 13(2)(d). (2A) A road management plan relating to EastLink— S. 52(2A)(a) amended by No. 95/2005 s. 13(2)(a)(b). (a) must be consistent with the EastLink Project Act 2004 and the EastLink Agreement; and S. 52(2A)(b) amended by No. 95/2005 s. 13(2)(a)(b). (b) must facilitate the performance of obligations and duties under the EastLink Project Act 2004 and the EastLink Agreement. S. 52(2B) inserted by No. 70/2012 s. 7. (2B) A road management plan relating to the Peninsula Link Freeway— (a) must be consistent with the Peninsula Link Project Deed; and (b) must facilitate the performance of obligations arising under the Peninsula Link Project Deed. (3) A road management plan is not a subordinate instrument for the purposes of the Interpretation of Legislation Act 1984. 53 Power to apply, adopt or incorporate s. 53 (1) A road management plan may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority, person or body whether— (a) wholly or partially or as amended by the road management plan; or (b) as formulated, issued, prescribed or published at the time the road management plan is made or at any time before then; or
Example A person who is required to keep a tree clear of an electric line under section 86 of the Electricity Safety Act 1998 is not required to obtain written consent from VicRoads to carry out that requirement although the person is conducting works. (b) the person is a public body and has obtained a consent under section 99(1) or 99(4) of the Link Act 1995; or S. 63(2)(ba) inserted by No. 39/2004 s. 268, amended by No. 17/2009 s. 12(12). (ba) the person is a Utility within the meaning of section 3(1) of the EastLink Project Act 2004 and is acting in accordance with— S. 63(2)(ba)(i) amended by No. 95/2005 s. 13(2)(b). (i) an approved Utility agreement within the meaning of the EastLink Project Act 2004; or S. 63(2)(ba)(ii) amended by No. 95/2005 s. 13(2)(b). (ii) a determination under Division 8 of Part 8 of the EastLink Project Act 2004; or S. 63(2)(ba)(iii) amended by No. 95/2005 s. 13(2)(b). (iii) a direction under section 165, 166, 173, 174 or 175 of the EastLink Project Act 2004; or (c) an exemption under section 23 applies; or (d) an exemption in accordance with the regulations applies; or (e) the works are conducted in an emergency by, or with the authority of, the relevant infrastructure manager. Examples Subsection (1) will not apply if the works are conducted by a utility in relation to an emergency. Subsection (1) will not apply if the works are conducted in the exercise of emergency powers under the Emergency Management Act 1986.
negligence means a failure to exercise reasonable care. 98 Effect of this Part This Part is not to be construed as derogating from any duty or liability that a person other than a road 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 s. 101 (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)—
machinery, plant, tools or other equipment or materials of a road authority, infrastructure manager or works manager used for the construction, installation or maintenance of roads or infrastructure. Example The condition of a road or infrastructure would not include graders, excavators, temporary barriers, shovels, stockpiles of gravel or sand and pipes or poles that have not yet been installed. (3) A road authority is not liable for property damages where the value of the damage is equal to or less than the threshold amount. (4) The amount which may be recovered against a road authority in a claim for property damages which exceeds the threshold amount is to be reduced by the threshold amount. (5) A road authority is not liable for tar damage if the road authority has— s. 110 (a) closed the road to traffic during works and for a reasonable period after the tar was applied; and (b) covered the portion of the road to which the tar was applied with gravel or stones or other appropriate material before re-opening the road to traffic. (6) For the purposes of determining a reasonable period under subsection (5), regard may be had to— (a) any relevant Code of Practice; (b) any relevant road management plan; (c) any policy;
M1 1—INTRODUCTORY 1 Definitions In this Schedule— Central Plan Office means the Central Plan Office of the Department of Sustainability and Environment; City Link Minister means the Minister for the time being administering the Link Act 1995; Link Upgrade area has the meaning given by clause 6; Link Upgrade Project means any part of the M1 Redevelopment Project that relates to the Link Upgrade area; Crown land Minister means the Minister for the time being administering the (Reserves) Act 1978; M1 Redevelopment Project means the project described in clause 2 or any part of that project; Native Title Act means the Native Title Act 1993 of the Commonwealth; Planning Minister means the Minister for the time being administering the Planning and Environment Act 1987; redevelopment acquisition has the meaning given by clause 10; Redevelopment Project area has the meaning given by clause 3;
Assent Date: 12.5.09 Commencement Date: Ss 10–19, 22–24 on 13.5.09: s. 2(1); ss 20, 21 on 1.7.09: s. 2(2) : This information relates only to the provision/s amending the Road Management Act 2004 Road Legislation Amendment Act 2009, No. 28/2009 Assent Date: 17.6.09 Commencement Date: Ss 55–61 on 18.6.09: s. 2(1) : This information relates only to the provision/s amending the Road Management Act 2004 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 105) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Road Management Act 2004 Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009 Endnotes Assent Date: 15.12.09 Commencement Date: S. 31 on 16.12.09: s. 2(1) : This information relates only to the provision/s amending the Road Management Act 2004 Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009 Assent Date: 15.12.09 Commencement Date: Ss 24–29 on 17.12.09: Government Gazette 17.12.09 p. 3339 : This information relates only to the provision/s amending the Road Management Act 2004 Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010) Assent Date: 2.3.10 Commencement Date: Ss 24(5)(Sch. 1 item 14), 203(1)(Sch. 6 item 41) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 : This information relates only to the provision/s amending the Road Management Act 2004 Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010, No. 19/2010 Assent Date: 18.5.10 Commencement Date: Ss 44, 45 on 1.7.10: Government Gazette 10.6.10 p. 1149 : This information relates only to the provision/s amending the Road Management Act 2004 Road Legislation Miscellaneous Amendments Act 2010, No. 75/2010