controlled access road means a public road in respect of which a declaration is in force under section 42; coordinating road authority in relation to a road, means the road authority which has coordination functions as determined in accordance with section 36; designated road project means a road project designated by the Minister under section 16 as a designated road project; S. 3(1) def. of EastLink inserted by No. 95/2005 s. 13(1)(a). EastLink means EastLink within the meaning of the EastLink Project Act 2004; S. 3(1) def. of EastLink Agreement inserted by No. 95/2005 s. 13(1)(a). EastLink Agreement means the freeway use agreement within the meaning of the EastLink Project Act 2004; S. 3(1) def. of EastLink Corporation inserted by No. 95/2005 s. 13(1)(a). EastLink Corporation means the Freeway Corporation within the meaning of the EastLink Project Act 2004; Extension corporation has the same meaning as it has in section 3 of the Melbourne City Link Act 1995; Extension road has the same meaning as it has in section 3 of the Melbourne City Link Act 1995; S. 3(1) def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 15.1). film friendly principles has the same meaning as in the Filming Approval Act 2014;
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 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 Link Act 1995; maintenance of any road and infrastructure includes the execution of all works of any description which are required to keep the
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; the Integration and Facilitation Agreement has the same meaning as it has in section 3 of the Link Act 1995; traffic includes vehicular, pedestrian and all other kinds of traffic; Tribunal means the Victorian Civil and Administrative Tribunal established under the Victorian Civil and Administrative Tribunal Act 1998; urban area means, in relation to a road, an area in which— (a) a speed limit of 60 kilometres per hour or less applies not being a speed limit which applies only because of a temporary reason such as roadworks or a street event; or (b) there are buildings on land next to the road, or there is street lighting, at intervals not exceeding 100 metres for— (i) a distance of at least 500 metres; or
S. 48EA(1) amended by No. 17/2009 s. 21. (1) A responsible road authority or an infrastructure manager or works manager must, before exercising a power or performing a duty under this Act on or in the immediate vicinity of rail infrastructure or rolling stock, notify the owner or occupier of the land on which the rail infrastructure or rolling stock is located and any relevant provider of public transport of the intended exercise of the power or the performance of the duty if the exercise of the power or performance of the duty will threaten, or is likely to threaten, the safety of the rail infrastructure or rolling stock. In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. S. 48EA(2) inserted by No. 17/2009 s. 20(1). (2) Notification under this section must be given— (a) in writing; and (b) unless subsection (3) applies, at least 28 days before the proposed exercise of the power or the performance of the duty. S. 48EA(3) inserted by No. 17/2009 s. 20(1). (3) If the proposed exercise of the power or the performance of the duty 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 to s. 48EA(3) amended by No. 22/2013 s. 70. 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. 48EC (Heading) amended by No. 22/2013 s. 71(1). S. 48EC inserted by No. 17/2009 s. 19, amended by No. 17/2009 s. 20(3) (ILA s. 39B(1)). 48EC Notification by rail transport operator S. 48EC(1) amended by No. 22/2013 s. 71(2). (1) A rail transport operator must, before exercising a power or performing a duty under this Act on or in the immediate vicinity of a road authority's road infrastructure, notify that road authority of the intended exercise of the power or the performance of the duty if the exercise of the power or performance of the duty will threaten, or is likely to threaten, the safety of the road infrastructure. In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. S. 48EC(2) inserted by No. 17/2009 s. 20(3). (2) Notification under this section must be given— (a) in writing; and (b) unless subsection (3) applies, at least 28 days before the proposed exercise of the power or the performance of the duty. S. 48EC(3) inserted by No. 17/2009 s. 20(3). (3) If the proposed exercise of the power or the performance of the duty 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.
M1 PART 1—INTRODUCTORY 1 Definitions In this Schedule— Sch. 5A cl. 1 def. of Central Plan Office amended by No. 70/2013 s. 4(Sch. 2 item 43.4). Central Plan Office means the Central Plan Office of the Department of Transport, Planning and Local Infrastructure; 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;
(d) for section 14(1) there were substituted— "(1) VicRoads may, by notice published in the Government Gazette, amend any error in the description of any land in a notice under clause 15 of Schedule 5A to the Road Management Act 2004 or any other matter contained in the notice. (1A) as soon as practicable after the publication of the notice under subsection (1), VicRoads must serve a copy of the notice on any person on whom and in the same manner as the notice was served under clause 15 of Schedule 5A to the Road Management Act 2004;"; (e) for section 15(2) there were substituted— "(2) If VicRoads makes a determination under subsection (1), VicRoads must— (a) publish a statement cancelling the notice of intention to acquire in the same manner as the notice was published under clause 15 of Schedule 5A to the Road Management Act 2004; and (b) serve a statement cancelling the notice of intention to acquire on all persons on whom the notice was served under clause 15(2) of Schedule 5A to the Road Management Act 2004."; (f) for section 24 there were substituted— "24 Effect of notice of acquisition
VicRoads municipal council 1 January 2008– 30 June 2008 nil 100% 1 July 2008– 30 June 2009 10% 90% 1 July 2009– 30 June 2010 20% 80% 1 July 2010– 30 June 2011 30% 70% 1 July 2011– 30 June 2012 40% 60% 1 July 2012– 30 June 2013 50% 50% Note After the last date set out in Column 1 of Tables 1, 2 and 3, the allocation of operating costs for street lighting on arterial roads will be in accordance with clause 3. __________________ Sch. 8 amended by No. 28/2009 s. 61. 8 Road Management Infringement Specified Penalty Construction of unauthorised access point to a freeway (section 60(1)) 3 penalty units in the case of a natural person or 15 penalty units in the case of a body corporate Failure to comply with a condition to which a written consent for construction of an access point to a freeway is subject (section 60(2)) 3 penalty units in the case of a natural person or 15 penalty units in the case of a body corporate Constructing or changing the means of entry to or exit from a controlled access road without authorisation (section 60(3)) 3 penalty units in the case of a natural person or 15 penalty units in the case of a body corporate Failure to comply with a condition to which an authorisation for constructing or changing the 3 penalty units in the case of a natural person