Victorian Current Acts

ROAD MANAGEMENT ACT 2004

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose and outline  
   2.      Commencement  
   3.      Definitions  
   3A.     Specification of public authority as a relevant State body  
   4.      Object of Act  
   5.      Interpretation and application of Act  
   5A.     Transport Integration Act 2010  
   5B.     Filming Approval Act 2014  
   6.      Crown to be bound  

   PART 2--RIGHTS OF ROAD USERS

   7.      Purpose of Part  
   8.      Right of passage  
   9.      Rights of owners and occupiers of adjoining land  
   10.     Rights of the public in relation to a public highway  

   PART 3--THE ROAD SYSTEM

           Division 1--Roads

   11.     Power to declare and name a road  
   12.     Discontinuance of roads  
   13.     Power to fix boundary of road  
   14.     Power of Head, Transport for Victoria to make declarations in respect of roads  
   14A.    Project authority under Major Transport Projects Facilitation Act 2009 may revoke or declare a road classification of a road within a project area  
   15.     Arrangements to transfer road management functions  
   16.     Designated road project  

           Division 2--Public roads

   17.     What is a public road?  
   18.     Ancillary areas in relation to public roads  
   19.     Register of public roads  

   PART 4--MANAGEMENT OF ROADS

           Division 1--Coordination of road management

   20.     Principal object and management principles  
   21.     Ministers may require information or advice  
   22.     Power of Ministers to give directions  
   23.     Power of Governor in Council to give exemption  
   24.     Purposes of Codes of Practice  
   25.     What can a Code of Practice include?  
   26.     Power to apply, adopt or incorporate  
   27.     Codes of Practice as evidence  
   28.     Making of Codes of Practice  
   29.     Availability of Codes of Practice  
   30.     Tabling and disallowance  

           Division 2--General functions and powers of road authorities

   33.     Role of a road authority  
   34.     General functions  
   35.     Powers of a road authority  
   36.     Which road authority is the coordinating road authority?  
   37.     Which road authority is the responsible road authority?  
   38.     Exercise of functions and powers  
   39.     Road authority may make a policy or policy decision relating to road management functions  

           Division 3--Specific powers and duties of road authorities

   40.     Statutory duty to inspect, maintain and repair public roads  
   41.     Power to determine standard of construction, inspection, maintenance and repair  
   42.     Declaration of a public road as a controlled access road  
   42A.    Specified roads  
   43.     Specific road construction, repair and maintenance powers of State road authorities  
   44.     Specific traffic management powers of State road authorities  
   45.     Specific road property provisions, powers and duties  
   45A.    Provisions relating to the M1 Redevelopment Project  
   46.     Specific protection of roads and adjoining land powers of State road authorities  
   46A.    Specific duties and powers in relation to street lighting  

           Division 4--Infrastructure and works on roads

   47.     Purpose of Division  
   48.     Specific duties and powers in relation to infrastructure and works on roads  

           Division 4A--Safety duties in relation to works on or near rail infrastructure

   48A.    Definitions  
   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  
   48D.    Works contractor duty in relation to works on or in immediate vicinity of rail infrastructure or rolling stock  
   48DA.   Only one offence committed  
   48DB.   Duty of rail transport operator in relation to works on or in immediate vicinity of road infrastructure  
   48DC.   Exercising a power or performing a duty safely  
   48E.    Only one offence committed  
   48EA.   Notification by responsible road authority, infrastructure manager or works manager  
   48EB.   Notification by works contractor  
   48EC.   Notification by rail transport operator  
   48F.    Notification of road authorities before railway operations carried out  
   48G.    Certain offences in this Division are indictable offences  

           Division 4B--Specific provisions relating to bus stop infrastructure and tram stop infrastructure

   48H.    Definitions  
   48I.    Application of Division  
   48J.    Powers of relevant authority  
   48K.    Offence in relation to removal, demolition or relocation  
   48L.    Resolution of disputes  
   48M.    Guidelines  
   48N.    Information to be provided by a municipal council  
   48O.    Consent of relevant authority required to install, attach or affix rubbish bin or cigarette disposal unit  
   48P.    Power of Head, Transport for Victoria to remove rubbish bin or cigarette disposal unit installed, attached or affixed without consent  

           Division 5--Road management plans

   49.     The making of a road management plan is voluntary  
   50.     Purposes of a road management plan  
   51.     Standards may be included in a road management plan  
   52.     Contents of a road management plan  
   53.     Power to apply, adopt or incorporate  
   54.     Procedure for making or amending a road management plan  
   55.     Availability of road management plan  

           Division 6--Development contributions

   56.     Development contribution  
   57.     Review of required payments  
   58.     State road authority may require further payment or refund excess  
   59.     When payment is due  

   PART 5--PROTECTION OF ROADS

           Division 1--Offences

   60.     Offences in relation to unauthorised access to roads  
   61.     Offence to fail to comply with direction  
   62.     Obstruction of road  
   63.     Interference with a road  
   64.     Failure to give notice  
   65.     Compliance with conditions of written consent  

           Division 2--Controls on advertising, signs and bills on roads and road infrastructure

   66.     Written consent required for placing of specified things on a road or road infrastructure  
   67.     Advertiser must disclose name of distributor  
   68.     Distributor must disclose name of depositor  
   69.     Person must remove structure, device, hoarding, advertisement, sign or bill if requested to do so  
   70.     Court may order removal of structure, device, hoarding, advertisement, sign or bill  

           Division 3--Authorised officers

   71AA.   Definition  
   71.     Authorised officers  
   72.     Authorised officer's identity card  
   73.     Production of identity card  
   74.     General powers of authorised officers  
   75.     Power to enter upon any land  
   76.     Power to obtain name and address  
   77.     Requirement to assist authorised officer during entry  
   78.     Assistance of police officer  
   79.     Offence for failure to give name and address  
   80.     Refusal or failure to comply with requirement or direction  
   81.     Protection against self-incrimination  
   82.     Offence to give false or misleading information  
   83.     Offence to hinder or obstruct authorised officer  
   84.     Offence to impersonate authorised officer  
   85.     Entry to be reported to the appointing entity  
   86.     Register of exercise of powers of entry  
   87.     Complaints  
   88.     Service of documents  
   89.     Confidentiality  

           Division 4--Enforcement

   90.     Power to serve road management infringement notice  
   96.     Institution of proceedings for offences  

   PART 6--CIVIL LIABILITY

           Division 1--General

   97.     Definitions  
   98.     Effect of this Part  

           Division 2--Negligence

   99.     Application of Division  
   100.    Application of Part XII of Wrongs Act 1958  
   101.    Principles concerning performance of road management functions  
   102.    Limitations on liability of road authority  
   103.    Policy defence  
   104.    Liability where duty to perform and discretionary power to remedy  
   105.    Defence to prove that reasonable care was taken  
   106.    Matters which may be considered to constitute contributory negligence  

           Division 3--Other liability

   107.    Liability of road authority  
   108.    Road authority is not liable as an occupier  
   109.    Liability in relation to fencing  
   110.    Limits in relation to liability for property damages  
   111.    Indexation provision  

           Division 4--Liability of persons other than road authorities

   112.    Right to recover for damage to road  
   113.    Duty of owner or occupier of adjoining land  

           Division 5--Claims procedure

   114.    Purpose of Division  
   115.    Notice of incident  
   116.    Preparation of condition report  

   PART 7--GENERAL

   117.    Power of Ministers to delegate  
   118.    Power of road authority to delegate  
   119.    Power of the Head, Transport for Victoria to perform road management functions on roads  
   119A.   Removal of stationary vehicles  
   119B.   Removal of abandoned property  
   120.    Power of road authority to perform road management functions on arterial road  
   121.    Agreement to conduct additional works  
   122.    Power to charge fees  
   123.    Power to charge for services  
   124.    Evidentiary provisions  
   125.    Resolution of disputes  
   126.    Review of decision  
   127.    Compensation payable by a road authority in certain circumstances  
   128.    Abrogation of obsolete common law road classifications  
   129.    Partial abrogation of "ratione tenure" rule  
   130.     Obstruction of navigable rivers  
   132.    Regulations  
   133.     Application of regulations to Link road and Extension road  
   133A.   Application of regulations to EastLink  
   133B.   Application of regulations to Peninsula Link Freeway  
   133C.   Application of regulations to West Gate Tunnel tollway  
   133D.   Application of regulations to North East Link road  
   134.    Application of Act in respect of the Link road and Extension road  
   134AA.  Application of Schedule 7 in respect of the Link road and the Extension road  
   134A.   Application of Act in respect of the EastLink and EastLink Corporation  
   134B.   Application of Schedule 7 in respect of the EastLink  
   134C.   Peninsula Link Freeway Corporation  
   134D.   Application of Act in respect of the Peninsula Link Freeway and the Peninsula Link Freeway Corporation  
   134E.   Application of Schedule 7 in respect of the Peninsula Link Freeway  
   134F.   Application of Act in respect of the West Gate Tunnel tollway and the West Gate Tunnel Corporation  
   134G.   Application of Schedule 7 in respect of the West Gate Tunnel tollway  
   134H.   Application of Act in respect of the North East Link road and the North East Link State Tolling Corporation  
   134I.   Application of Schedule 7 in respect of the North East Link road  
   135.    Transitional and savings provisions  
   135A.   Acquisition of certain land for the Alphington link  
   135B.   Cultural and Recreational Lands Act 1963  

   PART 8--TRANSITIONAL PROVISIONS--TRANSPORT LEGISLATION AMENDMENT ACT 2019

   136.    Definitions  
   137.    Application of Interpretation of Legislation Act 1984  
   138.    Things done by VicRoads as a road authority before commencement day  
   139.    Things commenced but not completed by VicRoads as a road authority before commencement day  
   140.    Superseded references  
   141.    Authorised officers authorised by VicRoads continue to be authorised officers  
           SCHEDULE 1
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           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 5A
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 7A
           SCHEDULE 8
           SCHEDULE 9
           SCHEDULE 10
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