Victorian Numbered Acts
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ROAD MANAGEMENT ACT 2004 (NO 12 OF 2004)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose and outline
2. Commencement
3. Definitions
4. Object of Act
5. Interpretation and application of Act
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 VicRoads to make declarations in respect of roads
15. Arrangements between road authorities 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
31. Utilities' Infrastructure Reference Panel
32. Functions of the Utilities' Infrastructure Reference Panel
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
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
46. Specific protection of roads and adjoining land powers of State road authorities
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 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
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 member of police force
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 relevant road authority
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
91. Form of notice
92. Withdrawal of road management infringement notice
93. Payment of penalty
94. Infringement notice not to prejudice further proceedings
95. Enforcement of infringement penalty
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 VicRoads to perform road management functions on roads
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
131. Supreme Court—limitation of jurisdiction
132. Regulations
133. Application of regulations to Link road and Extension road
134. Application of Act in respect of the Link road and Extension road
135. Transitional and savings provisions
PART 8--AMENDMENT OF OTHER ACTS
Division 1--Transport Act 1983
136. New sections 15A and 15B inserted
137. Consequential amendments
Division 2--Road Safety Act 1986
138. New section 17A inserted
139. New section 68A inserted
140. Consequential amendment
Division 3--Other Amendments to Road Safety Act 1986
141. New sections 99A and 99B inserted
142. Consequential amendments
Division 4--Local Government Act 1989
143. Amendment of section 3
144. Sections 202, 203 and 207F repealed
145. Amendment of section 205
146. Section 207 substituted
147. Consequential amendments
Division 5--Miscellaneous Amendments
148. New section 3A inserted in Alpine Resorts (Management) Act 1997
149. Business Franchise (Petroleum Products) Act 1979
150. Casino Control Act 1991
151. Catchment and Land Protection Act 1994
152. Chinatown Historic Precinct Act 1984
153. Commonwealth Games Arrangements Act 2001
154. Crown Land (Reserves) Act 1978
155. Electricity Safety Act 1998
156. Fences Act 1968
157. New section 3A inserted in Forests Act 1958
158. Amendment of Forests Act 1958
159. Impounding of Livestock Act 1994
160. Land Act 1958
161. Amendment of the Land Act 1958
162. Melbourne City Link Act 1995
163. Metropolitan Fire Brigades Act 1958
164. National Parks Act 1975
165. Amendment of the National Parks Act 1975
166. Planning and Environment Act 1987
167. Victorian Civil and Administrative Tribunal Act 1998
168. New section 160A inserted in Victorian Civil and Administrative Tribunal Act 1998
169. Victorian Plantations Corporation Act 1993
Division 6--Other Amendments
170. Electricity Industry Act 2000
171. Electricity Safety Act 1998
172. Gas Industry Act 2001
173. Pipelines Act 1967
174. Rail Corporations Act 1996
175. Section 137 of the Water Act 1989 substituted
176. Section 148 of the Water Act 1989 amended
177. Section 62 of the Water Industry Act 1994 substituted
178. Section 66 of the Water Industry Act 1994 amended
179. Further transitional and savings provisions
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
SCHEDULE 10
ENDNOTES
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