Victorian Current Acts Victorian Current ActsSchedule 10—Powers of Councils over roads
1 Power to construct and maintain roads
A Council may—
(a) make, maintain and repair roads; and
(b) fix and alter the level of roads.
2 Power to deviate roads
(1) A Council may deviate a road through private land, Crown land or land held by licensees under the Land Act 1958 (whether or not the land is subject to any rights of way).
Sch. 10 cl. 2(2) substituted by No. 99/1994 s. 16(2).
(2) However, in the case of a proposed deviation—
(a) through Crown land; or
(b) which would result in the vesting of land in a Council under section 207B(2A) —
this power may only be exercised after the Council has obtained the consent of the Minister administering the Land Act 1958 .
(3) Before starting any work to give effect to a deviation, the Council must publish a notice in the Government Gazette describing the deviation.
3 Power to discontinue roads
A Council may, in addition to any power given to it by sections 43 and 44 of the Planning and Environment Act 1987 —
(a) discontinue a road, or part of a road, by a notice published in the Government Gazette; and
(b) sell the land from that road (if it is not Crown land), transfer the land to the Crown or itself or retain the land.
4 Power to take road making materials
(1) A Council may enter and take from—
(a) any waterway; or
(b) any Crown land reserved under the Crown Land (Reserves) Act 1978 for the supply of sand, gravel, stone or other materials—
any materials necessary for making or maintaining anything which the Council under this Act may make or maintain.
(2) Before a Council may exercise this power, it must give at least 14 days notice in writing of its intention to exercise the power—
Sch. 10 cl. 4(2)(a) amended by No. 109/2003 s. 93(e).
(a) to the Secretary of the Department of Sustainability and Environment; and
Sch. 10 cl. 4(2)(b) amended by No. 34/1996 s. 33(h).
(b) to the owner and occupier of any land referred to in subclause (1).
(3) The Council must also advise the owner and occupier of that land in writing of anything it has done on, or to, the land in the exercise of any power given to it by subclause (1).
5 Power to name roads, erect signs and require premises to be numbered
(1) A Council may—
(a) approve, assign or change the name of a road; and
(b) erect signs on a road; and
(c) approve, assign and change the number of a road and any premises next to a road; and
(d) require people to number their premises and to renew those numbers.
Sch. 10 cl. 5(2) substituted by Nos 27/1997
s. 27, 7/1998 s. 23.
(2) The Council, in exercising a power under paragraph (a) of subclause (1) must act in accordance with the guidelines in force for the time being under the Geographic Place Names Act 1998 and must advise the Registrar under that Act of the action it has taken under that paragraph.
6 Power to establish survey marks
A Council may cause standard survey marks to be established in roads.
7 Power to fix road alignment
(1) A Council may fix the alignment of a road by a notice published in the Government Gazette.
Sch. 10 cl. 7(2) amended by No. 47/2004 s. 71(Sch. item 2).
(2) If the road is vested in the Crown, or a body representing the Crown, the Council may only exercise this power after it has obtained the approval of the Surveyor-General after he or she has consulted the Surveyor and Chief Draughting Officer in the Office of Titles.
Sch. 10 cl. 7(3) amended by No. 47/2004 s. 71(Sch. item 2).
(3) In the case of any other road, the Council may only exercise this power after it has obtained the approval of the Surveyor and Chief Draughting Officer in the Office of Titles.
8 Power to narrow or widen roads
(1) A Council may—
(a) narrow or widen a road; and
(b) allow a person to make minor repairs or alterations to a building between the old alignment and the new alignment.
(2) In relation to the establishment of permanent marks, the exercise of the power conferred by subclause (1)(a) is subject to the Survey Co‑ordination Act 1958 .
(3) Before starting any work to give effect to the narrowing or widening of a road, the Council must publish a notice in the Government Gazette describing the narrowing or widening.
9 Power to provide for temporary roads
A Council may provide temporary roads.
10 Powers concerning fences, gates and by-passes
A Council 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.
11 Power concerning holes and other dangers
A Council may—
(a) fill any hole or excavation in or near a road;
(b) remove any cause of possible damage to a road, or of danger to anyone or anything using the road;
(c) erect or restore any fence near any hole or excavation that is near a road;
(d) require a person to do any of the things listed in paragraphs (a), (b) and (c).
12 Powers concerning crossings over footpaths and channels
A Council may—
(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 Council may do under paragraph (a) or (b);
(d) require a person to do anything
the Council may do under paragraph (a) or (b).
Sch. 11 amended by No. 44/1989 s. 42(2)(a)–(c), substituted by No. 125/1993 s. 24.