Victorian Numbered Acts Victorian Numbered Acts(1) In this Act—
"ancillary area" means an area designated as an ancillary area by the coordinating road authority under section 18;
Example
Any area which is a "park and ride" carpark, rest stop or scenic lookout could be designated as an ancillary area.
"arterial road" means a road which is declared to be an arterial road under section 14;
"authorised officer" means an authorised officer appointed for the purposes of this Act under section 71;
"Code of Practice" means a Code of Practice made under Division 1 of Part 4;
"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;
"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 ;
"freeway" means a road declared to be a freeway under section 14 ;
"infrastructure" means road infrastructure and non-road infrastructure;
"infrastructure manager" means—
(a) in relation to
road infrastructure, the responsible road authority under
section 37; or
(b) in relation to non-road infrastructure, the person or body that is responsible for the provision, installation, maintenance or operation of the non-road infrastructure;
"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;
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"Link corporation" has the same meaning as it has in section 3 of the Melbourne City Link Act 1995 ;
"Link road" has the same meaning as it has in section 3 of the Melbourne City Link Act 1995 ;
"maintenance" of any road and infrastructure includes the execution of all works of any description which are required to keep the road or infrastructure in the state of utility determined in accordance with this Act or any other Act to be appropriate;
"motor vehicle" has the same meaning as it has in section 3(1) of the Road Safety Act 1986 ;
"municipal road" means any road which is not a State road, including any road which—
(a) is a road referred to in section 205 of the Local Government Act 1989 ; or
(b) is a road declared by VicRoads to be a municipal road under section 14(1)(b) ; or
(c) is part of a Crown land reserve under the Crown Land (Reserves) Act 1978 and has the relevant municipal council as the committee of management;
"non-arterial State road" means a State road which is not a freeway or an arterial road;
"non-road infrastructure" means infrastructure in, on, under or over a road which is not road infrastructure;
Note: See the definition of "road infrastructure".
Examples
Non-road infrastructure would include gas pipes, water and sewerage pipes, cables, electricity poles and cables, tram wires, rail infrastructure (including boom gates, level crossings and tram safety zones), bus shelters, public telephones, mail boxes, roadside furniture and fences erected by utilities.
"pathway" means a footpath, bicycle path or other area constructed or developed by a responsible road authority for use by members of the public other than with a motor vehicle but does not include any path—
(a) which has not been constructed by a responsible road authority; or
(b) which connects to other land;
Examples
A footpath or bicycle path constructed on a road reserve by a responsible road authority for use by the general public would be a pathway.
A foot trodden track over roadside land or a path that connects from a roadway or footpath to privately owned land would not be a pathway.
"prescribed" means prescribed by the regulations;
"principal object of road management" means the principal object specified in section 20(1);
"provider of public transport" includes—
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(a) a rail corporation, a train operator or a tram operator under the Rail Corporations Act 1996 ; or
(b) a person providing a regular passenger service within the meaning of the Public Transport Competition Act 1995 under the authority of a service contract within the meaning of that Act;
"public highway" means any area of land that is a highway for the purposes of the common law;
"public road" means a public road within the meaning of section 17 ;
"regulate traffic" means restrict, direct, control or prohibit the passage along a road of persons, vehicles or other kinds of traffic;
"regulations" means regulations made under this Act;
"relevant municipal council" , in relation to a road or part of a road, means the municipal council of the municipal district in which the road or the part of the road is located;
"relevant road Minister" means—
(a) the Minister administering this Act, if the coordinating road authority is VicRoads;
(b) the Minister administering the Local Government Act 1989 , if the coordinating road authority is a municipal council;
(c) the Minister administering the Docklands Act 1991 , if the coordinating road authority is the Victorian Urban Development Authority;
(d) subject to paragraph (b), the Minister administering the Crown Land (Reserves) Act 1978 , if the coordinating road authority has responsibility for roads under that Act;
(e) the Minister administering the Forests Act 1958 , if the coordinating road authority has responsibility for roads under that Act;
(f) the Minister administering the Land Act 1958 , if the coordinating road authority has responsibility for roads under that Act;
(g) the Minister administering the National Parks Act 1975 , if the coordinating road authority has responsibility for roads under that Act;
(h) if paragraphs (a) to (g) do not apply, the Minister administering the Act under which the road authority has responsibility for roads;
"relevant utility Minister" , in relation to a utility, means the Minister of the Commonwealth or of Victoria administering the Act under which the utility performs its functions;
"repair" means the taking of any action to remove or reduce a risk arising from a defect in a roadway, pathway or road-related infrastructure, including—
(a) reinstating a road to its former standard following works to install any infrastructure;
(b) reinstating a road to its former standard following deterioration or damage;
(c) providing a warning to road users of a defect in a roadway, pathway or road-related infrastructure—
but does not include the upgrading of a roadway, pathway or road-related infrastructure;
Examples
Filling in a pothole in a roadway, resurfacing the roadway and erecting a warning sign would be actions to repair the road.
"responsible road authority" in relation to a road, means the road authority which has operational functions as determined in accordance with section 37;
"road" includes—
(a) any public highway;
(b) any ancillary area;
(c) any land declared to be a road under section 11 or forming part of a public highway or ancillary area;
"road authority" means a person or body specified in or under section 37;
"road infrastructure" means—
(a) the infrastructure which forms part of a roadway, pathway or shoulder, including—
(i) structures
forming part of the roadway, pathway or shoulder;
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(ii) materials from which a roadway, pathway or shoulder is made;
(b) the road-related infrastructure;
Examples
A bridge, culvert or ford would be a structure forming part of a roadway.
Materials such as asphalt, bitumen, gravel, lane markers and lines would be materials from which a roadway, pathway or shoulder is made.
"road management function" means a function, power or duty conferred or imposed on—
(a) a road authority by or under—
(i) this Act;
(ii) the Road Safety Act 1986 ;
(iii) the provisions of the Local Government Act 1989 referred to in section 5(2);
(iv) the Transport Act 1983 ;
(v) any other Act dealing with the management of roads;
(b) a utility, infrastructure manager or works manager by or under this Act;
"road management infringement" means an offence—
(a) against this Act that is specified in Schedule 8; or
(b) against the regulations that is specified in the regulations to be a road management infringement;
"road-related infrastructure" means infrastructure which is installed by the relevant road authority for road-related purposes to—
(a) facilitate the operation or use of the roadway or pathway; or
(b) support or protect the roadway or pathway;
Examples
A traffic control sign, traffic light, road drain or embankment would be road-related infrastructure.
A noise wall, gate, post or board installed on the road reserve by the relevant road authority for road-related purposes would be road-related infrastructure.
"road reserve" means all of the area of land that is within the boundaries of a road;
"roadside" means any land that is within the boundaries of a road (other than the shoulders of the road) which is not a roadway or a pathway and includes the land on which any vehicle crossing or pathway which connects from a roadway or pathway on a road to other land has been constructed;
Example
Any nature strip, forest, bushland, grassland or landscaped area within the road reserve would be roadside.
"roadway" means—
(a) in the case of a public road, the area of the public road that is open to or used by members of the public and is developed by a road authority for the driving or riding of motor vehicles;
(b) in the case of any other road, the area of the road within the meaning of "road" in section 3(1) of the Road Safety Act 1986 —
but does not include a driveway providing access to the public road or other road from adjoining land;
"shoulder" means the cleared area, whether or not constructed or sealed, next to a roadway that provides clearance between the roadway and the roadside but does not include any area that is not in the road reserve;
"State road" means a road which—
(a) is a freeway or arterial road; or
(b) is declared to be a non-arterial State road under this Act; or
(c) is the responsibility of a State road authority under another Act;
"State road authority" means a road authority other than a municipal council, the Extension corporation or the Link corporation;
"the Agreement" has the same meaning as it has in section 3 of the Melbourne City Link Act 1995 ;
"the Extension Agreement" has the same meaning as it has in section 3 of the Melbourne City Link Act 1995 ;
"the Integration and Facilitation Agreement" has the same meaning as it has in section 3 of the Melbourne City 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
(ii) if the length of the road is less than 500 metres, over the length of the road;
"Utilities' Infrastructure Reference Panel" means the Panel established under section 31;
"utility" means—
(a) an entity (whether publicly or privately owned) which provides, or intends to provide, water, sewerage, drainage, gas, electricity, telephone, telecommunication or other like services under the authority of an Act of Victoria or the Commonwealth;
(b) any person who under the Pipelines Act 1967 is—
(i) permitted to own or use a pipeline; or
(ii) licensed to construct or operate a pipeline;
(c) a provider of public transport;
"VicRoads" means the Roads Corporation established under Part II of the Transport Act 1983 ;
"works" includes any kind of activity conducted on or in the vicinity of a road or proposed road in connection with the construction, maintenance or repair of the road or the installation, maintenance or repair of any infrastructure in, on, under or over a road and without limiting the generality of this definition includes—
(a) excavating or breaking up the surface of a road;
(b) erecting a structure in, on or over a road;
(c) removing or interfering with any structure or marking on a road;
(d) planting or removing a tree or other vegetation;
(e) tunnelling under a road;
(f) connecting a road to a road;
(g) installing pipes, drains, cables, poles, buildings, shelters or other structures on a road reserve;
(h) erecting any obstruction on a road or otherwise impeding the use of a road for the purpose of conducting any works;
"works and infrastructure management principles" means the principles specified in section 20(2);
"works manager" means any person or body that is responsible for the conduct of works in, on, under or over a road.
Note: This includes all works whether related to road infrastructure or non-road infrastructure.
(2) A reference to a road authority is to be construed as a reference to the road authority which has, in respect of the relevant part of a road, or in respect of road infrastructure or vegetation in the relevant part of a road, coordination functions in accordance with section 36 or operational functions in accordance with section 37.
(3) A reference to a register of public roads is to be construed as a reference to the register of public roads kept by the relevant road authority.
(4) A reference to the Minister administering a specified Act is to be construed as a reference to the Minister administering the relevant provisions of the Act.