Victorian Numbered Acts Victorian Numbered ActsAfter section 134G of the Road Management Act 2004 insert —
(1) This Act applies in respect of the North East Link road in accordance with this section and section 134I.
(2) Subject to this section, the North East Link State Tolling Corporation is, in respect of the North East Link road, the coordinating road authority for the purposes of sections 19, 48(3) and 63(1) and clauses 7, 12 and 13 and Part 2 of Schedule 7.
(3) Subject to subsection (2) and section 134I, the Head, Transport for Victoria has the powers and functions of a coordinating road authority in respect of the North East Link road if so requested by the North East Link State Tolling Corporation.
(4) The functions and powers of an authorised officer appointed by the Secretary extend in respect of the North East Link road if so requested by the North East Link State Tolling Corporation in accordance with an arrangement between the North East Link State Tolling Corporation and the Secretary.
(5) A direction to the North East Link State Tolling Corporation under section 22 must not be inconsistent with the North East Link Act 2020 or a North East Link operation and maintenance agreement under which a person is designated as the North East Link operator.
(6) A Code of Practice under section 28 in its application to the North East Link State Tolling Corporation must not be inconsistent with the North East Link Act 2020 or a North East Link operation and maintenance agreement under which a person is designated as the North East Link operator.
(7) A determination under section 41 must not be inconsistent with the North East Link Act 2020 or a North East Link operation and maintenance agreement under which a person is designated as the North East Link operator.
(8) Section 66 does not apply to the North East Link road if the placing of the structure, device, hoarding, advertisement, sign or bill is permitted under the North East Link Act 2020 or a North East Link operation and maintenance agreement.
(9) Section 96 applies to the North East Link road as if the Head, Transport for Victoria were the relevant road authority.
(10) Sections 11, 12, 13, 14, 18, 36, 38(1)(d), 39, 105(3), 118, 119, 120, 123 and 127 and clauses 2 and 3 of Schedule 2 and clauses 1, 2, 3, 5, 8, 9, 11 and 12 of Schedule 5 do not apply to the North East Link road or the North East Link State Tolling Corporation.
(11) Clauses 1, 4, 5, 6, 7, 9, 10, 11, 12, 13 and 14 of Schedule 4 apply to the North East Link State Tolling Corporation in respect of the North East Link road as if the North East Link State Tolling Corporation were the responsible State road authority.
(12) Clause 10(1) of Schedule 5 applies to the North East Link road as if the reference to infrastructure did not include road-related infrastructure installed in accordance with a North East Link operation and maintenance agreement.
(13) The power to—
(a) cause to be removed, destroyed or blocked a means of access to a freeway constructed, formed or laid out without the consent of the road authority; and
(b) cause to be erected and maintained fences, posts or other obstructions along a freeway or along or across an entrance, approach or means of access to a freeway for the purpose of preventing access to a freeway—
which is conferred on the Head, Transport for Victoria in relation to a freeway is conferred on the North East Link State Tolling Corporation in respect of the North East Link road.
(1) Schedule 7 applies in respect of the North East Link road as modified by this section.
(2) Clause 8 applies as if after subclause (4) there were inserted—
"(5) Subclause (1) does not apply to the carrying out of routine maintenance and inspection work.
(6) For the purposes of this clause, work is not routine maintenance and inspection work if it requires traffic management measures in order to be conducted safely.".
(3) Clause 14 applies as if after subclause (1) there were inserted—
"(1A) The North East Link State Tolling Corporation must have regard to the principles specified in this clause in the provision of road infrastructure.".
(4) Clause 14 applies as if for subclause (2) there were substituted—
"(2) The North East Link road must be managed as far as is reasonably practicable in such a way as to minimise any adverse effects on—
(a) the use of the North East Link road by members of the public; and
(b) the provision of services by a utility.".
(5) Clause 14(3) applies as if after paragraph (g) there were inserted—
"(h) minimise any damage to non-road infrastructure;
(i) minimise any risk to the property of utilities;
(j) ensure that the non-road infrastructure is reinstated as nearly as practicable to the condition existing before the works necessary for the provision of the road infrastructure were conducted.".
(6) Clause 16(5) applies as if the reference to the works and infrastructure management principles were a reference to clause 14(2).
(7) Clause 16 applies as if after subclause (8) there were inserted—
"(8A) Conditions to which a consent is given under this clause may require an applicant to compensate the North East Link State Tolling Corporation for economic loss, subject to compliance with any prescribed requirements for negotiation and resolution of disputes in relation to compensation, but must not require the applicant 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 the North East Link Project must not be inconsistent with the North East Link Act 2020 or a North East Link operation and maintenance agreement under which a person is designated as the North East Link operator.".'.