Road Management Act 2004 (Vic)

Version No. 067

Road Management Act 2004

No. 12 of 2004

Version incorporating amendments as at

6 August 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose and outline

2Commencement

3Definitions

3ASpecification of public authority as a relevant State body

4Object of Act

5Interpretation and application of Act

5ATransport Integration Act 2010

5BFilming Approval Act 2014

6Crown to be bound

Part 2—Rights of road users

7Purpose of Part

8Right of passage

9Rights of owners and occupiers of adjoining land

10Rights of the public in relation to a public highway

Part 3—The road system

Division 1—Roads

11Power to declare and name a road

12Discontinuance of roads

13Power to fix boundary of road

14Power of Head, Transport for Victoria to make declarations in respect of roads

14AProject authority under Major Transport Projects Facilitation Act 2009 may revoke or declare a road classification of a road within a project area

15Arrangements to transfer road management functions

16Designated road project

Division 2—Public roads

17What is a public road?

18Ancillary areas in relation to public roads

19Register of public roads

Part 4—Management of roads

Division 1—Coordination of road management

20Principal object and management principles

21Ministers may require information or advice

22Power of Ministers to give directions

23Power of Governor in Council to give exemption

24Purposes of Codes of Practice

25What can a Code of Practice include?

26Power to apply, adopt or incorporate

27Codes of Practice as evidence

28Making of Codes of Practice

29Availability of Codes of Practice

30Tabling and disallowance

Division 2—General functions and powers of road authorities

33Role of a road authority

34General functions

35Powers of a road authority

36Which road authority is the coordinating road authority?

37Which road authority is the responsible road authority?

38Exercise of functions and powers

39Road authority may make a policy or policy decision relating to road management functions

Division 3—Specific powers and duties of road authorities

40Statutory duty to inspect, maintain and repair public roads

41Power to determine standard of construction, inspection, maintenance and repair

42Declaration of a public road as a controlled access road

42ASpecified roads

43Specific road construction, repair and maintenance powers of State road authorities

44Specific traffic management powers of State road authorities

45Specific road property provisions, powers and duties

45AProvisions relating to the M1 Redevelopment Project

46Specific protection of roads and adjoining land powers of State road authorities

46ASpecific duties and powers in relation to street lighting

Division 4—Infrastructure and works on roads

47Purpose of Division

48Specific duties and powers in relation to infrastructure and works on roads

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

48ADefinitions

48BDuty of responsible road authority, infrastructure manager or works manager in relation to works on or in immediate vicinity of rail infrastructure or rolling stock

48DWorks contractor duty in relation to works on or in immediate vicinity of rail infrastructure or rolling stock

48DAOnly one offence committed

48DBDuty of rail transport operator in relation to works on or in immediate vicinity of road infrastructure

48DCExercising a power or performing a duty safely

48EOnly one offence committed

48EANotification by responsible road authority, infrastructure manager or works manager

48EBNotification by works contractor

48ECNotification by rail transport operator

48FNotification of road authorities before railway operations carried out

48GCertain offences in this Division are indictable offences

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

48HDefinitions

48IApplication of Division

48JPowers of relevant authority

48KOffence in relation to removal, demolition or relocation

48LResolution of disputes

48MGuidelines

48NInformation to be provided by a municipal council

48OConsent of relevant authority required to install, attach or affix rubbish bin or cigarette disposal unit

48PPower of Head, Transport for Victoria to remove rubbish bin or cigarette disposal unit installed, attached or affixed without consent

Division 5—Road management plans

49The making of a road management plan is voluntary

50Purposes of a road management plan

51Standards may be included in a road management plan

52Contents of a road management plan

53Power to apply, adopt or incorporate

54Procedure for making or amending a road management plan

55Availability of road management plan

Division 6—Development contributions

56Development contribution

57Review of required payments

58State road authority may require further payment or refund excess

59When payment is due

Part 5—Protection of roads

Division 1—Offences

60Offences in relation to unauthorised access to roads

61Offence to fail to comply with direction

62Obstruction of road

63Interference with a road

64Failure to give notice

65Compliance with conditions of written consent

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

66Written consent required for placing of specified things on a road or road infrastructure

67Advertiser must disclose name of distributor

68Distributor must disclose name of depositor

69Person must remove structure, device, hoarding, advertisement, sign or bill if requested to do so

70Court may order removal of structure, device, hoarding, advertisement, sign or bill

Division 3—Authorised officers

71AADefinition

71Authorised officers

72Authorised officer's identity card

73Production of identity card

74General powers of authorised officers

75Power to enter upon any land

76Power to obtain name and address

77Requirement to assist authorised officer during entry

78Assistance of police officer

79Offence for failure to give name and address

80Refusal or failure to comply with requirement or direction

81Protection against self-incrimination

82Offence to give false or misleading information

83Offence to hinder or obstruct authorised officer

84Offence to impersonate authorised officer

85Entry to be reported to the appointing entity

86Register of exercise of powers of entry

87Complaints

88Service of documents

89Confidentiality

Division 4—Enforcement

90Power to serve road management infringement notice

96Institution of proceedings for offences

Part 6—Civil liability

Division 1—General

97Definitions

98Effect of this Part

Division 2—Negligence

99Application of Division

100Application of Part XII of Wrongs Act 1958

101Principles concerning performance of road management functions

102Limitations on liability of road authority

103Policy defence

104Liability where duty to perform and discretionary power to remedy

105Defence to prove that reasonable care was taken

106Matters which may be considered to constitute contributory negligence

Division 3—Other liability

107Liability of road authority

108Road authority is not liable as an occupier

109Liability in relation to fencing

110Limits in relation to liability for property damages

111Indexation provision

Division 4—Liability of persons other than road authorities

112Right to recover for damage to road

113Duty of owner or occupier of adjoining land

Division 5—Claims procedure

114Purpose of Division

115Notice of incident

116Preparation of condition report

Part 7—General

117Power of Ministers to delegate

118Power of road authority to delegate

119Power of the Head, Transport for Victoria to perform road management functions on roads

119ARemoval of stationary vehicles

119BRemoval of abandoned property

120Power of road authority to perform road management functions on arterial road

121Agreement to conduct additional works

122Power to charge fees

123Power to charge for services

124Evidentiary provisions

125Resolution of disputes

126Review of decision

127Compensation payable by a road authority in certain circumstances

128Abrogation of obsolete common law road classifications

129Partial abrogation of "ratione tenure" rule

130Obstruction of navigable rivers

132Regulations

133Application of regulations to Link road and Extension road

133AApplication of regulations to EastLink

133BApplication of regulations to Peninsula Link Freeway

133CApplication of regulations to West Gate Tunnel tollway

133DApplication of regulations to North East Link road

134Application of Act in respect of the Link road and Extension road

134AAApplication of Schedule 7 in respect of the Link road and the Extension road

134AApplication of Act in respect of the EastLink and EastLink Corporation

134BApplication of Schedule 7 in respect of the EastLink

134CPeninsula Link Freeway Corporation

134DApplication of Act in respect of the Peninsula Link Freeway and the Peninsula Link Freeway Corporation

134EApplication of Schedule 7 in respect of the Peninsula Link Freeway

134FApplication of Act in respect of the West Gate Tunnel tollway and the West Gate Tunnel Corporation

134GApplication of Schedule 7 in respect of the West Gate Tunnel tollway

134HApplication of Act in respect of the North East Link road and the North East Link State Tolling Corporation

134IApplication of Schedule 7 in respect of the North East Link road

135Transitional and savings provisions

135AAcquisition of certain land for the Alphington link

135BCultural and Recreational Lands Act 1963

Part 8—Transitional provisions—Transport Legislation Amendment Act 2019

136Definitions

137Application of Interpretation of Legislation Act 1984

138Things done by VicRoads as a road authority before commencement day

139Things commenced but not completed by VicRoads as a road authority before commencement day

140Superseded references

141Authorised officers authorised by VicRoads continue to be authorised officers

Schedules

Schedule 1—Registers of public roads

Schedule 2—Management of road access

Schedule 3—Specific powers of State road authorities

Schedule 4—Specific traffic management powers of State road authorities

Schedule 5—Road property provisions, powers and duties

Schedule 5A—Specific provisions relating to the M1 Redevelopment Project

Schedule 6—Specific protection of roads and adjoining land powers of State road authorities

Schedule 7—Infrastructure and works on roads

Schedule 7A—Street lighting

Schedule 8—Road management infringements

Schedule 9—Transitional and savings provisions

Schedule 10—Further transitional and savings provisions and other provisions

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 067

Road Management Act 2004

No. 12 of 2004

Version incorporating amendments as at

6 August 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose and outline

(1)The purpose of this Act is to reform the law relating to road management in Victoria and to make related amendments to certain Acts.

(2)In outline this Act—

·establishes a new statutory framework for the management of the road network which facilitates the coordination of the various uses of road reserves for roadways, pathways, infrastructure and similar purposes;

·sets out certain rights and duties of road users;

·establishes the general principles which apply to road management;

·provides for the role, functions and powers of a road authority;

·provides for the making of Codes of Practice to provide practical guidance in relation to road management;

·facilitates the making of road management plans as part of the management system to be implemented by a road authority in the performance of road management functions;

·enables the declaration and discontinuance of roads;

·provides a new process for the declaration and classification of roads and the re‑allocation of management responsibility for roads;

·provides for a road authority to keep a register of public roads in respect of which the road authority is the coordinating road authority;

·provides for the construction, inspection, maintenance and repair of public roads;

·sets out the road management functions of road authorities;

·sets out the road management functions of infrastructure managers and works managers in providing infrastructure or conducting works;

·provides for issues relating to civil liability arising out of road management;

·provides for mechanisms to enforce and administer provisions of the Act;

·makes related amendments to the Transport Act 1983, the Road Safety Act 1986, the Local Government Act 1989 and certain other Acts.

2Commencement

(1)This Part and Divisions 1 and 5 of Part 4 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Part 2, Part 3, Divisions 2, 3 and 6 of Part 4, Divisions 3 and 4 of Part 5, Part 6, Part 7 and Divisions 1, 2, 4 and 5 of Part 8 come into operation on 1 July 2004.

(3)Subject to subsection (4), Division 4 of Part 4, Divisions 1 and 2 of Part 5 and Divisions 3 and 6 of Part 8 come into operation on a day or days to be proclaimed.

(4)If a provision of this Act specified in subsection (3) does not come into operation before 1 January 2005, it comes into operation on that day.

3Definitions

(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;

Department means the Department of Transport and Planning;

designated road project means a road project designated by the Minister under section 16 as a designated road project;

EastLink means EastLink within the meaning of the EastLink Project Act 2004;

EastLink Agreement means the freeway use agreement within the meaning of the EastLink Project Act 2004;

EastLink Corporation means the Freeway Corporation within the meaning of the EastLink Project Act 2004;

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;

film friendly principles has the same meaning as in the Filming Approval Act 2014;

film permit has the same meaning as in the Filming Approval Act 2014;

freeway means a road declared to be a freeway under section 14;

Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

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)subject to subsection (5), 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;

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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;

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;

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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 the Head, Transport for Victoria 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 or providers of public transport.

North East Link operation and maintenance agreement has the same meaning as it has in section 3 of the North East Link Act 2020;

North East Link operator has the same meaning as it has in section 3 of the North East Link Act 2020;

North East Link Project has the same meaning as it has in section 3 of the North East Link Act 2020;

North East Link road has the same meaning as it has in section 3 of the North East Link Act 2020;

North East Link State Tolling Corporation has the same meaning as it has in section 3 of the North East Link Act 2020;

pathway means a footpath, bicycle path or other area constructed or developed by or on behalf of a road authority, the State or a relevant State body 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 or on behalf of a road authority, the State or a relevant State body; or

(b)which connects to other land;

Examples

A footpath or bicycle path constructed on a road reserve by or on behalf of a road authority, the State or a relevant State body 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.

Peninsula Link Freeway means the land in the Peninsula Link project area that is declared to be a freeway under section 193 of the Major Transport Projects Facilitation Act 2009;

Peninsula Link Freeway Corporation means the person who, for the time being, is the Peninsula Link Freeway Corporation under section 134C;

Peninsula Link project area means the area of land designated as the project area for the Peninsula Link Project by the Order under section 95(2) of the Major Transport Projects Facilitation Act 2009 published in Special Government Gazette S91 on 16 March 2010 and as varied from time to time under section 96(3) of the Major Transport Projects Facilitation Act 2009;

Peninsula Link Project Deed means the deed entered into between the Minister for Roads and Ports on behalf of the Crown in right of the State of Victoria and Southern Way Pty Limited ACN 136 724 733 on 20 January 2010;

police officer has the same meaning as in the Victoria Police Act 2013;

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—

(a)a rail corporation, a train operator or a tram operator under the Rail Management Act 1996; or

(b)a person providing a regular passenger service within the meaning of the Bus Services Act1995 under the authority of a service contract within the meaning of that Act;

public authority means a person or body (including a trust) established by or under an Act for a public purpose other than a road authority;

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;

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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 Minister means—

(a)the Minister administering this Act, if the coordinating road authority is the Head, Transport for Victoria;

(b)the Minister administering the Local Government Act 1989, if the coordinating road authority is a municipal council;

(c)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;

(d)the Minister administering the Forests Act 1958, if the coordinating road authority has responsibility for roads under that Act;

(e)the Minister administering the Land Act 1958, if the coordinating road authority has responsibility for roads under that Act;

(f)the Minister administering the National Parks Act 1975, if the coordinating road authority has responsibility for roads under that Act;

(g)if paragraphs (a) to (f) do not apply, theMinister administering the Act under which the road authority has responsibility for roads;

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;

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relevant State body means a public authority specified under section 3A;

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;

(ii)materials from which a roadway, pathway or shoulder is made;

(b)the road-related infrastructure—

but does not include—

(c)if the irrigation channel, sewer or drain is works within the meaning of the Water Act 1989, any bridge or culvert over an irrigation channel, sewer or drain, other than a bridge or culvert constructed by or on behalf of a road authority, the State or a relevant State body; or

(d)a bridge or culvert over a sewer or drain constructed under section 132 of the Melbourne and Metropolitan Board of Works Act 1958;

Examples

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 (Compliance and Miscellaneous) Act 1983;

(iva)the Transport Integration Act 2010;

(v)any other Act or law dealing with the management of roads including Subdivision 2 of Division 6 of Part 3 of Rail Safety National Law (Victoria);

(b)a utility, provider of public transport, 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 constructed or installed by or on behalf of a road authority, the State or a relevant State body 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, street light, road drain or embankment would be road-related infrastructure.

A noise wall, gate, post or board installed on the road reserve by or on behalf of a road authority, the State or a relevant State body 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 constructed or developed by or on behalf of a road authority, the State or a relevant State body 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;

Secretarymeans Secretary to the Department;

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;

specified bicycle road means a road or part of a road which is specified under section 42A to be a specified bicycle road;

specified bus road means a road or part of a road which is specified under section 42A to be a specified bus road;

specified freight road means a road or part of a road which is specified under section 42A to be a specified freight road;

specified pedestrian road means a road or part of a road which is specified under section 42A to be a specified pedestrian road;

specified road means a road or part of a road which is specified under section 42A to be a specified road in respect of which a mode of transport is to have priority;

specified tram road means a road or part of a road which is specified under section 42A to be a specified tram road;

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, the Link corporation, EastLink Corporation, the Peninsula Link Freeway Corporation, West Gate Tunnel Corporation or North East Link State Tolling Corporation;

the Agreement has the same meaning as it has insection 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;

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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 2005 is the holder of a licence to construct and operate a pipeline;

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West Gate Tunnel Agreement has the same meaning as it has in section 3 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019;

West Gate Tunnel Corporation has the same meaning as it has in section 3 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019;

West Gate Tunnel operator has the same meaning as it has in section 3 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019;

West Gate Tunnel tollway has the same meaning as it has in section 3 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019;

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.

(3A)A reference in any Regulations or a Code of Practice to the relevant road Minister is to be construed as a reference to the relevant Minister.

(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.

(5)A reference to an infrastructure manager in section 5, 48, 48A, 64, 101, 104 or 110 or Schedule 7, or any regulations made under this Act or a Code of Practice in relation to any non-road infrastructure does not include a reference to the Head, Transport for Victoria or Victorian Rail Track unless the Head, Transport for Victoria or Victorian Rail Track (as the case may be)—

(a)is directly responsible for the provision, installation, maintenance or operation of that non-road infrastructure; or

(b)has not delegated responsibility for those matters to another infrastructure manager; or

(c)is not a party to a contract with another infrastructure manager under which responsibility for those matters is accepted by that infrastructure manager.

3ASpecification of public authority as a relevant State body

The Minister may, by notice published in the Government Gazette, specify a public authority that has a function or power to construct, develop or install road infrastructure or road‑related infrastructure as a relevant State body.

4Object of Act

(1)The primary object of this Act is to establish a coordinated management system that will promote a road network at State and local levels that operates as part of an integrated and sustainable transport system consistent with the transport system objectives under the Transport Integration Act 2010 and the responsible use of road reserves for other legitimate purposes.

(2)In seeking to achieve the primary object, this Act—

(a)sets out general rights of roads users;

(b)establishes a system for the management of safe and efficient public roads that best meet the needs and priorities of State and local communities;

(c)establishes a system of classification for roads and sets clear principles about the division of responsibilities between State and local road authorities;

(ca)provides for the assigning of priority to different modes of transport on specified roads;

(d)provides mechanisms for coordinating the placement and maintenance of infrastructure on road reserves, and the carrying out of related works, so as to—

(i)minimise interference with road use;

(ii)facilitate the effective and efficient provision of utility and public transport services;

(iii)minimise interference with other infrastructure and the provision of utility and public transport services;

(e)provides for the keeping of registers of public roads which register those roads which must be constructed, maintained and managed by road authorities;

(ea)provides for the keeping of a register of specified roads and the transport modes that have priority in respect of those specified roads;

(f)establishes decision-making processes in relation to standards for the construction, inspection, maintenance and repair of State and municipal roads which take into account—

(i)the needs and expectations of the relevant communities; and

(ii)national, State and local government transport and other policies; and

(iii)the available funding within the context of the whole range of responsibilities of road authorities;

(g)sets out the powers and duties of road authorities to manage roads, the duties of infrastructure managers which install and maintain infrastructure on roads and the duties of works managers which carry out works on roads;

(h)confers adequate operational powers and imposes corresponding accountability on road authorities in relation to the management of roads;

(i)enables Codes of Practice to be made that give practical guidance in relation to the exercise of these powers, functions and duties;

(j)clarifies the law relating to civil liability for the management of public roads and other roads;

(k)provides for the protection of roads against damage and interference.

5Interpretation and application of Act

(1)Subject to this section, if there is an inconsistency between this Act and any other Act in relation to the performance of a road management function, the provisions of this Act prevail.

(2)If a road authority is a municipal council, the provisions of Division 1 of Part 2 of the Local Government Act 2020 and Division 2 of Part 9 and Schedules 10 and 11 of the Local Government Act 1989 apply and are to be construed for the purposes of this Act as if those provisions formed part of this Act.

(3)If the road authority is the Head, Transport for Victoria, the provisions of the Transport Integration Act 2010 and the Transport (Compliance and Miscellaneous) Act 1983 relating to the Head, Transport for Victoria are to be construed as being in addition to and not in derogation from the provisions of this Act.

(4)This Act applies to infrastructure managers and works managers in relation to the installation of non-road infrastructure on roads despite the provisions of any other Act or law to the contrary.

(5)The Building Act 1993 does not apply to, or in respect of, any infrastructure or structure on, over or under, land or a stratum that forms part of a road unless the infrastructure or structure—

(a)is installed or constructed on adjacent land and extends over, onto or under the road; or

(b)is a building on an ancillary area or roadside.

Examples

The Building Act 1993 does not apply to structures such as bridges, culverts and tunnels that form part of the road itself.

The Building Act 1993 does apply to structures such as a hotel balcony or a shop verandah that extends over a footpath, a building that straddles a road or that is beneath an elevated road or bridge or above a road tunnel.

The Building Act 1993 does apply to structures such as a toilet block, bus shelter, shed or control booth on a roadside area or on an ancillary area.

(6)This Act does not affect the application to any roadside area of any other Act or law relating to the management of land.

Example

Section 20(2) of the Catchment and Land Protection Act 1994 which provides that a land owner must take all reasonable steps to prevent the spread of regionally controlled weeds and established pest animals on a roadside that adjoins the land owner's land is not affected by this Act.

(7)This Act is subject to the Melbourne City Link Act 1995, the Agreement, the Extension Agreement and the Integration and Facilitation Agreement.

(8)The Link corporation, the Extension corporation or the Link operator, the Extension operator, their delegates or any lessee within the meaning of the Melbourne City Link Act 1995 must not exercise any power under this Act in a manner that is not consistent with the Melbourne City Link Act 1995, the Agreement, the Extension Agreement or the Integration and Facilitation Agreement.

(8A)This Act is subject to the EastLink Project Act 2004 and the EastLink Agreement.

(8B)The EastLink Corporation must not exercise any power or carry out any duty under this Act in a manner that is not consistent with the EastLink Project Act 2004 or the EastLink Agreement.

(8C)The Peninsula Link Freeway Corporation must not exercise any power or carry out any duty under this Act in a manner that is not consistent with the Peninsula Link Project Deed.

(8D)This Act is subject to the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 and the West Gate Tunnel Agreement.

(8E)The West Gate Tunnel Corporation and the West Gate Tunnel operator or their delegates must not exercise any power or carry out any duty under this Act in a manner that is not consistent with the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 or the West Gate Tunnel Agreement.

(8F)This Act is subject to the North East Link Act 2020 and any North East Link operation and maintenance agreement under which a person is designated as the North East Link operator.

(8G)The North East Link State Tolling Corporation and a North East Link operator or their delegates must not exercise any power or carry out any duty under this Act in a manner that is not consistent with the North East Link Act 2020 or any North East Link operation and maintenance agreement under which a person is designated as the North East Link operator.

(9)This Act is not intended to affect native title rights and interests otherwise than in accordance with the Native Title Act 1993 of the Commonwealth.

(10)This Act does not limit the operation of—

*                *                *                *                *

(b)section 254B of the Transport (Compliance and Miscellaneous) Act 1983 as proposed to be inserted in that Act by section 4 of the Transport (Highway Rule) Act 2002.

5ATransport Integration Act 2010

This Act is transport legislation within the meaning of the Transport Integration Act 2010.

5BFilming Approval Act 2014

This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.

6Crown to be bound

This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

PART 2—RIGHTS OF ROAD USERS

7Purpose of Part

The purpose of this Part is to confer specified rights which are legally enforceable on members of the public using roads.

8Right of passage

(1)A member of the public is individually entitled as of right to pass along a road.

(2)Members of the public are generally entitled as of right to pass along a road.

(3)The rights conferred by this section extend to a member of the public using any means of public transport along a road.

(4)The rights conferred by this section do not derogate from any right of passage conferred by the common law.

(5)Rights of passage conferred by this section or at common law are subject to any restrictions, limitations or conditions which may be specified by or under this Act or any other Act or law.

9Rights of owners and occupiers of adjoining land

(1)An owner or occupier of any land which adjoins a road is entitled as of right to access the road from that land.

(2)Rights of access conferred by this section or at common law are subject to any restrictions, limitations or conditions which may be specified by or under this Act or any other Act or law.

10Rights of the public in relation to a public highway

The rights of the public whether under this Act orat common law in relation to a public highway can only be extinguished if the public highway is discontinued as a road in accordance with section 12 or discontinued as a road or permanently closed as a road under a power to discontinue or permanently close a road conferred by or under any other Act.

Note

See clauses 1, 2 and 14 of Schedule 5 as to the vesting of roads and the prevention of adverse possession or easements by long user in roads.

PART 3—THE ROAD SYSTEM

Division 1—Roads

11Power to declare and name a road

(1)A road authority may by notice published in the Government Gazette declare a road under this Act over—

(a)any land owned by the road authority; or

(b)subject to subsection (2), any land managed by the road authority.

(2)If the land managed by the road authority is—

(a)land reserved under the Crown Land (Reserves) Act 1978, the road authority must obtain the written consent of the Minister administering that Act;

(b)land administered under the Forests Act 1958, the road authority must obtain the written consent of the Minister administering that Act;

(c)land administered under the National Parks Act 1975, the road authority must obtain the written consent of the Minister administering that Act;

(d)freehold land owned by a public authority or any other person, the road authority must obtain the written consent of the public authority or other person;

(e)unreserved Crown land, the road authority must obtain the written consent of the Minister administering the Land Act 1958.

(3)Land declared to be a road under subsection (1) becomes a road from the date of publication of the notice or a later date specified in the notice.

(4)A road declared under this section is dedicated to the public as a public highway within the meaning of the common law or any Act.

(5)If the Head, Transport for Victoria declares a road under subsection (1), the Head, Transport for Victoria must also make a declaration under section 14(1)(a) or 14(1)(b).

(6)If a State road authority other than the Head, Transport for Victoria declares a road under subsection (1), the road is a non-arterial State road.

(7)If a road authority which is a municipal council declares a road under subsection (1), the road is a municipal road.

(8)The relevant coordinating road authority may by notice published in the Government Gazette name or change the name of a road.

(9)The relevant coordinating road authority must in exercising a power under subsection (8)—

(a)act in accordance with the guidelines in force for the time being under the Geographic Place Names Act 1998; and

(b)advise the Registrar under that Act of the action it has taken under subsection (8).

(10)Subject to subsection (10A), if a road authority—

(a)declares a road; or

(b)names or changes the name of a road; or

(c)creates or discontinues a road—

the road authority must inform the Secretary or a person nominated in a notice published in the Government Gazette for the purposes of this section by the Secretary.

(10A)If a road is discontinued by the Head, Transport for Victoria under section 12 and the Head, Transport for Victoria is not the coordinating road authority for the road, the relevant coordinating road authority must, on receiving notice from the Head, Transport for Victoria of the discontinuance under section 12, inform the Secretary or a person nominated in a notice published in the Government Gazette for the purposes of this section by the Secretary.

(11)This section is to be construed as being in addition to, and not in derogation from, any other manner in which land may be dedicated as a public highway by or under any other Act or the common law.

(12)A notice under this section is not a subordinate instrument for the purposes of the Interpretation of Legislation Act 1984.

12Discontinuance of roads

(1)A road can be discontinued in accordance with this section.

(2)The following persons may, by notice published in the Government Gazette, discontinue a road or part of a road—

(a)the coordinating road authority for the road or part of the road;

(b)if the Head, Transport for Victoria is not the coordinating road authority for the road or part of the road, the Head, Transport for Victoria with the consent, in writing, of the relevant coordinating road authority.

(3)If a road is discontinued and the land is not Crown land, the land vests in the discontinuing body.

(4)Subject to subsection (11), the discontinuing body must—

(a)publish a public notice stating that submissions in respect of the proposed discontinuance of the road specified in the public notice will be considered in accordance with this section; and

(b)give a copy of the public notice to each infrastructure manager which is responsible for any infrastructure, of which the discontinuing body is aware, installed in, on, under or over the road.

(5)The discontinuing body must consider any written submission which is received by the discontinuing body within 28 days after the publication of the public notice under subsection (4).

(6)Any person who has made a written submission to the discontinuing body and requested that the person be heard in support of the written submission is entitled to appear in person or by a person acting on behalf of that person at a meeting with the discontinuing body.

(7)The discontinuing body must—

(a)fix the day, time and place of the meeting for the purpose of subsection (6); and

(b)give reasonable notice of the day, time and place of that meeting to every person who has lodged a separate submission and in the case of a submission lodged on behalf of a number of persons, to the person specified in the submission as the person to whom notice is to be given.

(8)The discontinuing body must take into consideration all the submissions made under this section.

(9)If subsection (4)(b) applies, the discontinuing body must have regard to the works and infrastructure management principles.

(10)After the discontinuing body has made a decision, the discontinuing body must notify in writing—

(a)every person who has lodged a separate submission; and

(b)in the case of a submission lodged on behalf of a number of persons, to the person specified in the submission as the person to whom notice is to be given; and

(c)if the decision to discontinue is made by the Head, Transport for Victoria under a consent under subsection (2)(b), the coordinating authority for the road—

of the decision and the reasons for the decision.

(11)Subsections (4) to (10) do not apply in respect of a proposed discontinuance if an exemption—

(a)specified by the regulations applies; or

(b)is given by the relevant Minister by a notice published in the Government Gazette which specifies the specific proposed discontinuance or which specifies a class of cases which includes the proposed discontinuance.

(12)In this section, discontinuing body means—

(a)if a consent under subsection (2)(b) has not been given, the relevant coordinating road authority for the road; or

(b)if consent has been given under subsection (2)(b), the Head, Transport for Victoria.

13Power to fix boundary of road

(1)The coordinating road authority may fix the boundary of a road by a notice published in the Government Gazette.

(2)Subsections (3) and (4) do not apply to the Head, Transport for Victoria if the land affected by the fixing of the boundary is freehold land owned by the Head, Transport for Victoria.

(3)If the road is vested in the Crown, or a body representing the Crown, a coordinating road authority may only exercise this power after it has obtained the approval of the Surveyor-General after he or she has consulted the Registrar of Titles.

(4)In the case of any other road, a coordinating road authority may only exercise this power after it has obtained the approval of the Registrar of Titles.

(5)If a coordinating road authority fixes the boundary of a road under this section, the land affected by the fixing of the boundary becomes part of the road without the need for a declaration.

(6)The fixing of a boundary under this section may be included in the notice in which the declaration under section 11 is made.

(7)A notice under this section is not a subordinate instrument for the purposes of the Interpretation of Legislation Act 1984.

14Power of Head, Transport for Victoria to make declarations in respect of roads

(1)The Head, Transport for Victoria may by a notice published in the Government Gazette—

(a)declare a road to be a freeway or an arterial road; or

(b)declare a road to be a non-arterial State road or a municipal road; or

(c)amend or revoke a declaration under this section.

(2)A declaration under this section—

(a)may be included in the notice in which the declaration under section 11 is made; and

(b)may fix the boundaries of the road in accordance with section 13.

(3)For the purposes of subsection (1)(a), the Head, Transport for Victoria must consider if the road—

(a)provides a principal route for the movement of people and goods—

(i)between major regions of the State; or

(ii)between major centres of population or between major metropolitan activity centres; or

(iii)to major transport terminals; or

(iv)across or around cities; or

(b)is a major route for public transport services; or

(c)has State-wide economic or tourism significance; or

(d)provides necessary connections between arterial roads.

(4)Subject to subsection (6), the Head, Transport for Victoria must give a notice in accordance with subsection (5) to—

(a)each municipal council in whose municipal district the road is situated;

(b)if the relevant road authority is not a municipal council, to the relevant road authority;

(c)each infrastructure manager that has infrastructure, of which the Head, Transport for Victoria is aware, installed in, on, under or over the road.

(5)The notice must—

(a)specify details of the proposed declaration or revocation; and

(b)allow at least 28 days after the day on which the notice is given for the making of a submission to the Head, Transport for Victoria on the proposed declaration or revocation.

(6)If the Head, Transport for Victoria proposes to make a declaration under this section in respect of a road on land reserved under the Crown Land (Reserves) Act 1978 or land administered under the Forests Act 1958 or the National Parks Act 1975, the Head, Transport for Victoria must consult with the Secretary to the Department of Energy, Environment and Climate Action.

(7)If a municipal council or road authority is aggrieved by the decision of the Head, Transport for Victoria after the Head, Transport for Victoria has considered any submissions under subsection (5), the municipal council or road authority may within 21 days of being notified of the decision of the Head, Transport for Victoria appeal to the Minister.

(8)If the Head, Transport for Victoria revokes a declaration made under this section—

(a)the Head, Transport for Victoria must—

(i)make a further declaration under subsection (1) in respect of the road; or

(ii)specify in the notice of revocation that the road is a non-arterial State road; or

(iii)specify in the notice of revocation that the road is a municipal road; or

(iv)discontinue the road as a road in accordance with section 12;

(b)the Head, Transport for Victoria may specify in the notice of revocation that the road ceases to be a public road;

(c)the Head, Transport for Victoria may specify in the notice of revocation that the classification of the public road has been changed to the classification stated in the notice.

(9)A notice under this section is not a subordinate instrument for the purposes of the Interpretation of Legislation Act 1984.

14AProject authority under Major Transport Projects Facilitation Act 2009 may revoke or declare a road classification of a road within a project area

(1)Despite anything to the contrary in this Act, a project authority, by notice published in the Government Gazette, may, for the purposes of an approved project, do any one or more of the following—

(a)revoke a declaration under section 14(1)(a) or (b) of any freeway, arterial road, non-arterial State road or municipal road in the project area for the approved project;

(b)declare that a non-arterial State road in the project area for the approved project that has been declared under section 11 by a State road authority (other than the Head, Transport for Victoria), ceases to be a non-arterial State road;

(c)declare that a municipal road in the project area for the approved project ceases to be a municipal road.

(2)The project authority must also do one of the following in respect of a road the subject of a notice under subsection (1)—

(a)in the notice, further declare the road to be—

(i)a freeway; or

(ii)an arterial road; or

(iii)a non-arterial State road; or

(iv)a municipal road;

(b)in the notice, further declare that the road ceases to be a public road;

(c)as soon as practicable, discontinue the road in accordance with section 186A of the Major Transport Projects Facilitation Act 2009.

(3)A notice under this section takes effect—

(a)on the day the notice is published in the Government Gazette; or

(b)if a later date is specified in the notice, on that date.

(4)In this section, approved project, project area and project authority have the same meaning as in the Major Transport Projects Facilitation Act 2009.

15Arrangements to transfer road management functions

(1)A road authority may enter into an arrangement with another road authority, a utility or a provider of public transport to transfer a road management function of the road authority that would otherwise apply under section 36 or 37 with respect to a road to the other road authority, the utility or the provider of public transport.

(1A)A road authority may enter into an arrangement with a utility or a provider of public transport to transfer a road management function of the utility or the provider of public transport to the road authority.

(2)If a road authority has entered into an arrangement under this section in respect of a public road, the road authority must include the details of the arrangement in its register of public roads.

(3)While an arrangement is in force under this section, the road management functions of each party to the arrangement have effect subject to the arrangement.

Example

Specified road management functions in respect of a section of a road or a particular piece of infrastructure may be transferred by agreement from the Head, Transport for Victoria to a municipal council or from a municipal council to the Head, Transport for Victoria. If this occurs, the road authority to which the road management function is transferred becomes the road authority for the purposes of this Act according to the tenor of the arrangement.

16Designated road project

(1)The Minister may determine that a road project is a designated road project.

(2)A determination under subsection (1) may—

(a)specify a road authority to which the designated road project is assigned;

(b)specify a public authority or agency which is not a road authority to which the designated road project is assigned;

(c)designate a project area for the purposes of the designated road project;

(d)specify the period during which the determination under subsection (1) is to operate.

(3)If a road authority is specified under subsection (2)(a), as from the date that the determination has effect, the specified road authority becomes the coordinating road authority and the responsible road authority for—

(a)the designated road project; and

(b)if a project area has been designated under subsection (2)(c), any roads in the project area.

(4)If a public authority or agency which is not a road authority is specified under subsection (2)(b), as from the date that the determination has effect, the specified public authority or agency has for the purposes of this section the road management functions of a road authority and becomes the coordinating road authority and the responsible road authority for—

(a)the designated road project; and

(b)if a project area has been designated under subsection (2)(c), any roads in the project area.

(5)The Minister must ensure that a copy of the determination under subsection (1)—

(a)is published in the Government Gazette; and

(b)is provided to each road authority which may be affected by the determination.

(6)A determination under subsection (1) has effect from the date it is published in the Government Gazette or a later date specified in the determination.

(7)The road authority to which a designated road project is assigned may enter into an arrangement under section 15.

(8)If a determination relates to any public roads, the road authority affected by a determination under this section must enter the details of the determination in the register of public roads.

Division 2—Public roads

17What is a public road?

(1)A road is a public road if it is—

(a)a freeway; or

(b)an arterial road; or

(c)declared under section 204(1) of the Local Government Act 1989; or

(d)declared under section 61 or 93H of the Melbourne City Link Act 1995; or

(da)declared under section 143 of the EastLink Project Act 2004; or

(db)the Peninsula Link Freeway; or

(dc)the West Gate Tunnel tollway; or

(dd)the North East Link road; or

(e)a road to which subsection (3) applies; or

(f)a non-arterial State road declared under section 14(1); or

(g)a municipal road declared under section 14(1).

(2)The relevant coordinating road authority for a public road specified in subsection (1)(a), (1)(b), (1)(c), (1)(d), (1)(da), (1)(db), (1)(f) or (1)(g) must register the public road on its register of public roads.

(3)Subject to section 14(7), the relevant coordinating road authority must register on its register of public roads a road in respect of which the road authority has made a decision that the road is reasonably required for general public use.

Example

A road set aside as a road in a plan of subdivision registered under the Subdivision Act 1988 is not a public road for the purposes of this Act unless and until a decision is made under subsection (3).

(4)A road authority must remove a road from its register of public roads if the road authority has made a decision that the road is no longer reasonably required for general public use.

(5)The removal of a public road from the register of public roads or the non-inclusion of a road on the register of public roads does not affect the status of the road as a public highway or affect the right of public use of the public highway.

18Ancillary areas in relation to public roads

(1)Subject to subsection (2), a coordinating road authority may designate as an ancillary area an area of land owned or managed by the coordinating road authority to be maintained by a responsible road authority as ancillary to a public road.

Example

A scenic lookout or rest stop may be designated as an ancillary area.

(2)If the land managed by the coordinating road authority is—

(a)land reserved under the Crown Land (Reserves) Act 1978, the road authority must obtain the written consent of the Minister administering that Act;

(b)land administered under the Forests Act 1958, the road authority must obtain the written consent of the Minister administering that Act;

(c)land administered under the National Parks Act 1975, the road authority must obtain the written consent of the Minister administering that Act;

(d)freehold land owned by a public authority or any other person, the road authority must obtain the written consent of the public authority or other person;

(e)unreserved Crown land, the road authority must obtain the written consent of the Minister administering the Land Act 1958.

(3)A designation under this section must be recorded in the register of public roads.

19Register of public roads

(1)A road authority must keep a register of public roads specifying the public roads in respect of which it is the coordinating road authority.

Note

Section 17 establishes which roads are public roads.

(2)A road authority must ensure that the register of public roads specifies the details in accordance with clause 1 of Schedule 1 of the public roads in respect of which it is the coordinating road authority.

(3)A road authority may include in the register of public roads the details in accordance with clause 2 of Schedule 1 of the public roads in respect of which it is the coordinating road authority.

(4)If—

(a)a public road or part of a public road is discontinued under section 12 by the road authority, the road authority must specify the details in the register of public roads; or

(b)a public road or part of a public road is discontinued under section 12 by the Head, Transport for Victoria (where the Head, Transport for Victoria is not the coordinating road authority), the coordinating road authority must, on receiving notice from the Head, Transport for Victoria of the discontinuance under section 12, specify the details in the register of public roads.

(5)A road authority must ensure that the register of public roads is available for inspection by members of the public—

(a)free of charge;

(b)during normal business hours;

(c)at the place or places determined by the road authority.

(5A)It is sufficient for the purposes of subsection (5) if a copy of the register of public roads is published on an Internet website maintained by the road authority or, if the road authority is the Head, Transport for Victoria, by or on behalf of the Department.

(6)Schedule 1 has effect.

PART 4—MANAGEMENT OF ROADS

Division 1—Coordination of road management

20Principal object and management principles

(1)The principal object of road management is to ensure that a network of roads is provided primarily for the movement of persons and goods as part of an integrated transport system and that road reserves are available for other appropriate uses.

(1A)In giving effect to the principal object of road management consistent with the transport system objectives under the Transport Integration Act 2010, the road network is to be managed to reflect the priorities of different modes of transport having regard to the intended function or functions of different parts of the road network.

(1B)Subject to subsection (1C), priority is to be given to the following modes of transport in respect of the specified roads for that mode of transport—

(a)trams on specified tram roads;

(b)buses on specified bus roads;

(c)bicycles on specified bicycle roads;

(d)pedestrians on specified pedestrian roads;

(e)freight on specified freight roads;

(f)any other mode of transport on specified roads for that mode of transport.

(1C)Subsection (1B) has effect—

(a)without limiting the generality of subsection (1A); and

(b)to the extent that it is reasonably practicable having regard to the works and infrastructure management principles.

(2)The following principles apply in respect of the management of works and infrastructure under this Act—

(a)the minimisation of road safety hazards;

(b)the avoidance or minimisation of damage or disruption to infrastructure on roads;

(c)the avoidance or minimisation of disruption to plans for the development of road infrastructure and non-road infrastructure;

(d)the avoidance or minimisation of disruption to traffic;

(da)the priority of different modes of transport on specified roads;

(e)the avoidance or minimisation of disruption to the effective and efficient delivery of utility and public transport services;

(f)the efficient use of resources of road authorities and infrastructure managers and the minimisation of cost to the community of infrastructure and services.

21Ministers may require information or advice

The Minister or any relevant Minister may require information or advice from a road authority which the Minister or relevant Minister requires for the purposes of the administration of this Act.

22Power of Ministers to give directions

(1)If the Minister or a relevant Minister considers it in the public interest to do so, the Minister or relevant Minister may, after complying with subsection (2), direct a road authority—

(a)to perform a function or exercise a power of the road authority under this Act; or

(b)to perform a function or exercise a power of the road authority under this Act in the manner or subject to the conditions specified in the direction; or

(ba)to perform a function or exercise a power of a road authority under any other Act where the performance of that function or the exercise of that power is necessary to enable the effective performance of a function or the effective exercise of a power under this Act or is incidental to the performance of a function or the exercise of a power under this Act; or

(c)not to perform a function or exercise a power of the road authority under this Act.

(2)The Minister or the relevant Minister must before making a direction give the road authority the opportunity to comment on the proposed direction.

(3)A direction—

(a)must be in writing;

(b)may include conditions;

(c)may specify the case, class of case, period of time or other circumstance in which the direction is to apply.

(4)A road authority must publish a copy or summary of any direction in its annual report.

(5)A road authority must give effect to a direction under this section.

23Power of Governor in Council to give exemption

(1)The Governor in Council may by Order in Council published in the Government Gazette exempt from the operation of this Act or of specified provisions of this Act, a person, project, activity, matter or thing or class of person, project, activity, matter or thing specified in the Order in Council.

(2)An Order in Council under this section—

(a)may specify terms and conditions to which the exemption is subject;

(b)may specify the period of time during which the exemption is in force;

(c)has effect from the date that it is published in the Government Gazette or any later date specified in the Order in Council.

(3)On or before the 6th sitting day an Order in Council made under this section is published in the Government Gazette, the Minister must ensure that a copy of the Order in Council is laid before each House of the Parliament.

(4)A failure to comply with subsection (3) does not affect the operation or effect of the Order in Council but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of the Parliament.

(5)An Order in Council made under this section may be disallowed in whole or in part by either House of Parliament.

(6)Part 5 of the Subordinate Legislation Act 1994 applies to an Order made under this section as if—

(a)a reference in that Part to a "statutory rule" were a reference to the Order; and

(b)a reference in section 23(1)(c) of that Part to "section 15(1)" were a reference to subsection (3).

24Purposes of Codes of Practice

(1)The main purposes of Codes of Practice are to provide practical guidance—

(a)by setting out benchmarks of good practice in relation to the performance of road management functions by road authorities and the conduct of works managers, infrastructure managers and providers of public transport;

(b)by clarifying or determining how the operational responsibility for different parts or elements of a road reserve is to be allocated between road authorities;

(c)to road authorities in determining how to allocate resources, develop policies, set priorities and make road management plans;

(d)in relation to the matters specified in section 25.

(2)A Code of Practice which relates to infrastructure and works on roads must give effect to the works and infrastructure management principles.

(3)A Code of Practice may establish principles giving practical guidance for determining—

(a)the boundary between a roadway, pathway, roadside or shoulder in any particular case;

(b)which road authority is responsible for road‑related infrastructure.

(4)A Code of Practice cannot—

(a)impose a duty on any person; or

(b)direct how any matter or thing is to be done; or

(c)create an enforceable legal right; or

(d)impose any liability or penalty.

25What can a Code of Practice include?

(1)A Code of Practice may contain any matter or thing which gives guidance to a road authority, infrastructure manager or works manager for the purposes of this Act in relation to—

(a)the performance of road management functions;

(b)the standards which may be adopted or developed;

(c)the conduct of works under this Act or section 99A of the Road Safety Act 1986;

(d)the interchange and storage of road information.

(2)Without limiting the generality of subsection (1), a Code of Practice may provide for any matter or thing which gives guidance—

(a)to a road authority in planning and managing risk identification and inspection functions;

(b)to a road authority in planning and managing routine maintenance and repair functions, including—

(i)consideration and prioritisation of tasks;

(ii)routine maintenance programs;

(iii)measures to reduce the risk of accidents until repairs are completed;

(c)to a road authority in planning and managing the development and implementation of a road management plan, including—

(i)contents of a road management plan;

(ii)considerations to be taken into account in developing a road management plan;

(iii)consultation with infrastructure managers, works managers, providers of public transport, the local community and members of the public;

(iv)monitoring the implementation of a road management plan;

(v)periodic review and revision of a road management plan;

(d)to a road authority, infrastructure manager, works manager or provider of public transport in planning and managing responsibilities relating to—

(i)the manner in which works on roads should be carried out;

(ii)situations that would constitute an emergency situation in which works could be carried out without the prior consent of the coordinating road authority;

(iii)good engineering practice or relevant industry standards in relation to a specified type of infrastructure or works;

(iv)consultation processes to facilitate consultation between road authorities, infrastructure managers, works managers and providers of public transport and with persons who may be affected by proposed works;

(v)processes for consultation and exchanging information, including information about forward works programs and the coordination of works on infrastructure;

(e)to a coordinating road authority, as to the manner in which functions should be coordinated and the process for the giving or withholding of consent to proposed infrastructure or works and determining appropriate conditions subject to which the consent may be given.

26Power to apply, adopt or incorporate

(1)A Code of Practice may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—

(a)wholly or partially or as amended by the Code of Practice; or

(b)as formulated, issued, prescribed or published at the time the Code of Practice is made or at any time before then; or

(c)as formulated, issued, prescribed or published from time to time.

(2)If a Code of Practice has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or method is at any time amended, until the Minister causes notice to be published in the Government Gazette of that amendment, the document, code, standard, rule, specification or method is to be taken not to have been so amended.

(3)Without limiting the generality of subsection (1), a Code of Practice may apply, adopt or incorporate by reference any benchmarks, standards or technical references.

27Codes of Practice as evidence

(1)A Code of Practice is admissible in evidence in any proceedings to which this Act or section 99A of the Road Safety Act 1986 applies.

(2)For the purposes of proceedings to which this Act or section 99A of the Road Safety Act 1986 applies—

(a)evidence that a road authority, infrastructure manager or works manager has complied with a Code of Practice is admissible evidence that the road authority, infrastructure manager or works manager has complied with the relevant duty in respect of which the Code of Practice applies;

(b)evidence that a road authority, infrastructure manager or works manager has not complied with a Code of Practice is admissible evidence that the road authority, infrastructure manager or works manager has not complied with the relevant duty in respect of which the Code of Practice applies;

(c)evidence that the making of a policy, adoption of a standard or the performance or non-performance of a specific function by a road authority, infrastructure manager or works manager was consistent with a Code of Practice is admissible evidence that the making of the policy, adoption

(9)Conditions subject to which a consent is given under this clause must not—

(a)be inconsistent with this Act or any regulations; or

(b)require the applicant to act in a manner inconsistent with relevant industry safety and technical requirements imposed by or under any other Act.

Notes

1 Regulations may provide that a coordinating road authority may not impose a condition of a specified type.

2     Under sections 25(2)(e) and 27(2)(g), Codes of Practice may be referred to in determining whether or not the refusal of consent or any condition is reasonable.

Example

A failure by a coordinating road authority to consult in good faith in accordance with the principles set out in a Code of Practice may be evidence that the refusal to consent or the imposing of a condition is unreasonable.

(10)A coordinating road authority may provide that the consent applies in respect of a particular case or a class of cases as is specified in the consent.

17Process applying to applications for written consent

(1)If the coordinating road authority has not responded to an application under clause 16 before the expiry of the relevant period after the coordinating road authority receives the application, the coordinating road authority is to be taken to have given written consent.

(2)If a coordinating road authority refuses to give written consent, the coordinating road authority must give reasons in writing for the refusal to the applicant.

(3)Section 125 applies to any dispute arising out of a decision of a coordinating road authority on an application under clause 16.

(4)A Code of Practice may provide for any matter relating to the process for considering applications under clause 16, including specifying grounds or criteria for refusing written consent.

(5)In this clause, relevant period means—

(a)unless paragraph (b) applies, a period of 20 business days; or

(b)a period of business days as may be prescribed.

18Agreements in respect of proposed works

(1)A coordinating road authority may enter into an agreement with a road authority, an infrastructure manager or works manager in respect of proposed works on roads.

(2)A term in the agreement that the coordinating road authority will give consent to proposed works, or give an exemption or variation, to which the agreement applies is sufficient consideration to make the agreement an enforceable contract.

(3)An agreement under this clause must not be inconsistent with this Act or any applicable Code of Practice.

19Power to rectify works on a road

(1)If a coordinating road authority considers that any works have not been conducted in accordance with this Act, the coordinating road authority may give a notice to the road authority, infrastructure manager or works manager that authorised or conducted the works requiring rectification works to be conducted within a reasonable period specified in the notice.

(2)If a road authority, infrastructure manager or works manager fails to comply with a notice given under subclause (1), the coordinating road authority may conduct the rectification works or engage a person to conduct the rectification works on behalf of the coordinating road authority.

(3)A coordinating road authority may recover costs reasonably incurred in conducting rectification works from the road authority, infrastructure manager or works manager that failed to comply with the notice given under subclause (1).

Note

Under section 27(2)(g) and 27(2)(h), Codes of Practice may be referred to in determining whether or not the requirement to rectify works is reasonable.

20Power to require removal, relocation, replacement or upgrade of existing non-road infrastructure

(1)A coordinating road authority may for the purpose of improving the safety or efficient operation of a road by notice require an infrastructure manager responsible for existing non-road infrastructure on a road to remove, relocate, replace or upgrade the non-road infrastructure.

(2)A notice under subclause (1) must specify—

(a)the reason for requiring the removal, relocation, replacement or upgrade;

(b)the applicable standard to be met;

(c)the period within which the removal, relocation, replacement or upgrade is to be completed.

(3)The coordinating road authority must meet the costs reasonably incurred by the infrastructure manager in completing the removal, relocation, replacement or upgrade to the applicable standard.

SCHEDULE 7A—STREET LIGHTING

1Definitions

In this Schedule—

operating costs, in respect of street lighting, means all costs related to the operation and maintenance of the street lighting, including, but not limited to—

(a)the costs of electricity supply; and

(b)maintenance and repair costs; and

(c)replacement costs for obsolete lighting;

but not including installation costs;

relevant municipal council, in relation to a road, means the municipal council for the municipal district in which the road is located;

2Power to install street lighting

A responsible road authority may, at its discretion, cause to be installed street lighting on roads or parts of roads for which it is the coordinating road authority or the responsible road authority to the extent and in a manner which it considers appropriate having regard to its road management functions.

3Responsibility for installation and operating costs of street lighting

(1)The installation costs and the operating costs of street lighting are to be paid—

(a)in the case of the Link Road—by the Link corporation; and

(b)in the case of the Extension road—by the Extension corporation; and

(c)in the case of EastLink—by the EastLink corporation; and

(ca)in the case of the West Gate Tunnel tollway—by the West Gate Tunnel Corporation; and

(cb)in the case of the North East Link road—by the North East Link State Tolling Corporation; and

(d)in the case of street lights for a road that is not an arterial road, other than a road or part of a road referred to in paragraph (a), (b) or (c)—by the responsible road authority for that road; and

(e)in the case of street lights for a service road on an arterial road, other than a road or part of a road referred to in paragraph (a), (b) or (c), and any adjacent area for which a municipal council is the responsible road authority—by the council; and

(f)in the case of street lights for an arterial road or part of an arterial road not otherwise referred to in paragraph (a), (b), (c), (d) or (e)—in accordance with subclause (2).

(2)For the purposes of subclause (1)(f)—

(a)the installation costs are to be paid by the road authority that caused the street lighting to be installed for the road; and

(b)the operating costs are to be paid by the Head, Transport for Victoria and the relevant municipal council in the following proportions—

(i)60% by the Head, Transport for Victoria;

(ii)40% by the council.

*                *                *                *                *

SCHEDULE 8—ROAD MANAGEMENT INFRINGEMENTS

Road Management Infringement	Specified Penalty
Construction of unauthorised access point to a freeway (section 60(1))	3 penalty units in the case of a natural person or 15 penalty units in the case of a body corporate
Failure to comply with a condition to which a written consent for construction of an access point to a freeway is subject (section 60(2))	3 penalty units in the case of a natural person or 15 penalty units in the case of a body corporate
Constructing or changing the means of entry to or exit from a controlled access road without authorisation (section 60(3))	3 penalty units in the case of a natural person or 15 penalty units in the case of a body corporate
Failure to comply with a condition to which an authorisation for constructing or changing the means of entry to or exit from a controlled access road is subject (section 60(4))	3 penalty units in the case of a natural person or 15 penalty units in the case of a body corporate
Conducting works in, on, under or over a road without written consent (section 63)	3 penalty units in the case of a natural person or 15 penalty units in the case of a body corporate
Failure to comply with clause 13 of Schedule 7 (section 64)	2 penalty units in the case of a natural person or 5 penalty units in the case of a body corporate
Failure to comply with section 66(1)	3 penalty units
Failure to comply with section 67(3)	3 penalty units
Failure to comply with section 68(2)	3 penalty units
Failure to comply with section 69(1)	3 penalty units

SCHEDULE 9—TRANSITIONAL AND SAVINGS PROVISIONS

1Declaration of existing roads

(1)A road which immediately before 1 July 2004 is declared as a freeway, is deemed to have been declared as a freeway under this Act.

(2)A road which immediately before 1 July 2004 is declared as—

(a)a forest road; or

(b)a main road; or

(c)a State highway; or

(d)the King-Street Bridge; or

(e)a tourists' road—

is deemed to have been declared as an arterial road under this Act.

(3)A road which immediately before 1 July 2004 is declared as a stock route is deemed to be a road under this Act.

(4)A part of a road which immediately before 1 July 2004 is declared as a metropolitan bridge, is deemed to have been declared under this Act the same as the declaration under this Act of the road connected by the metropolitan bridge.

(5)A road which immediately before 1 July 2004 is not a road to which subclause (1) or (4) applies may be declared as a State road or municipal road under this Act if a road authority registers the public highway as a public road in its register of roads.

(6)A metropolitan bridge is to be declared the same as the declaration of the public road connected by the metropolitan bridge.

(7)In this clause—

forest road means a road declared to be a forest road under the Transport Act 1983 or proclaimed to be a forest road under any corresponding previous enactment;

main road means a road declared to be or deemed to be a main road under the Transport Act 1983 or any corresponding previous enactment;

metropolitan bridge means a bridge declared or deemed to have been declared under the Transport Act 1983 or any corresponding previous enactment to be a metropolitan bridge;

King-StreetBridge has the same meaning as it had in the King-street Bridge Act 1957;

State highway means a road declared to be or deemed to be a State highway under the Transport Act 1983 or any corresponding previous enactment;

stock route means a route declared to be or deemed to be a stock route under the Transport Act 1983 or any corresponding previous enactment;

tourists' road means a road declared to be a tourists' road under the Transport Act 1983 or proclaimed to be a tourists' road under any corresponding previous enactment.

2Savings provisions

(1)Subject to this Act, the amendments made to the Transport Act 1983 by section 137 do not affect the continuity, status, operation or effect of any act, matter or thing done, existing or continuing under the Transport Act 1983 as in force immediately before 1 July 2004.

(2)The repeal of section 203 of the Local Government Act 1989 does not affect the status of any public highways vested in a municipal council under that section.

SCHEDULE 10—FURTHER TRANSITIONAL AND SAVINGS PROVISIONS AND OTHER PROVISIONS

1Application of section 63

Section 63 does not apply to or in respect of the conduct of any works lawfully commenced by a person before the commencement of that section.

2Provisions relating to exempt projects

(1)In this clause, exempt project means a project for the extension of reticulated gas in respect of which financial assistance has been or is authorised to be paid out of the Regional Infrastructure Development Fund in accordance with section 5(1)(a)(iva) of the Regional Infrastructure Development Fund Act 1999 during the financial years ending 30 June 2004, 30 June 2005 or 30 June 2006.

(2)Despite anything to the contrary in this Act, Divisions 1 and 2 of Part 5 do not apply to or in respect of an exempt project or any associated works until the exempt project is completed or until 1 July 2007, whichever first occurs.

(3)Despite anything to the contrary in this Act, the following provisions apply to or in respect of an exempt project or any associated works—

(a)the Gas Industry Act 2001 as in force immediately before the commencement of section 172 continues to apply;

(b)no works can be conducted on a freeway without the prior consent in writing of VicRoads.

3Road Management Amendment (Bus Stop Delivery Powers) Act 2016

(1)If during the period commencing 2 April 2012 and ending 14 September 2015 the Public Transport Development Authority or a person on behalf of that Authority purported to perform a function or duty or exercise a power of the Secretary under Division 4B of Part 4 by installing bus stop infrastructure or designating a bus stopping point, the Public Transport Development Authority is taken to have had the same functions, duties and powers as the Secretary had to do so under that Division.

(2)If during the period commencing 2 April 2012 and ending 30 September 2015 the Public Transport Development Authority or a person on behalf of that Authority purported to perform a function or duty or exercise a power of the Secretary under Division 4B of Part 4 by removing, relocating or modifying bus stop infrastructure or removing or relocating a bus stopping point, the Public Transport Development Authority is taken to have had the same functions, duties and powers as the Secretary had to do so under that Division.

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 5 March 2004

Legislative Council: 22 April 2004

The long title for the Bill for this Act was "to reform the law relating to road management in Victoria, to amend the Transport Act 1983, the Road Safety Act 1986 and the Local Government Act 1989 and to make related amendments to certain other Acts and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 5 March 2004

Legislative Council: 22 April 2004

Majorities:

Legislative Assembly: 1 April 2004 (absolute)

Legislative Council: 4 May 2004 (simple¹)

¹     See Ministerial statement made in the Legislative Council on 5 May 2004 as reported in Parliamentary Debates (Hansard) at pages 586–587.

The Road Management Act 2004 was assented to on 11 May 2004 and came into operation as follows:

Part 1 (sections 1–6), Part 4 Division 1 (sections 20–32) and Part 4 Division 5 (sections 49–55) on 12 May 2004: section 2(1); Part 2

(sections 7–10), Part 3 (sections 11–19), Part 4 Division 2 (sections 33–39), Part 4 Division 3 (sections 40–46), Part 4 Division 6 (sections 56–59),

Part 5 Division 3 (sections 71–89), Part 5 Division 4 (sections 90–96),

Part 6 (sections 97–116), Part 7 (sections 117–135), Part 8 Division 1 (sections 136, 137), Part 8 Division 2 (sections 138–140), Part 8 Division 4 (sections 143–147), Part 8 Division 5 (sections 148–169), Schedules 1–6, Schedule 8 and Schedule 9 on 1 July 2004: section 2(2); Part 4 Division 4 (sections 47, 48), Part 5 Division 1 (sections 60–65), Part 5 Division 2 (sections 66–70), Part 8 Division 3 (sections 141, 142), Part 8 Division 6 (sections 170–179), Schedule 7 and Schedule 10 on 1 January 2005: section 2(4).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Road Management Act 2004 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Road Management Act 2004, No. 12/2004

Assent Date:	11.5.04
Commencement Date:	Sch. 7A cl. 4(5) inserted on 1.1.08 by No. 74/2007 s. 79: s. 2(7); s. 142(6) inserted on 1.1.20 by No. 49/2019 s. 182: Special Gazette (No. 514) 10.12.19 p. 1
Note:	Sch. 7A cl. 4(5) provided that Sch. 7A cl. 4 expired on 1.7.13; s. 142(6) provided that s. 142 expired on 1.1.22
Current State:	This information relates only to the provision/s amending the Road Management Act 2004

Mitcham-Frankston Project Act 2004, No. 39/2004

Assent Date:	8.6.04
Commencement Date:	Ss 266, 270, 272, 273, 276, 277 on 9.6.04: s. 2(1); ss 262–265, 267–269, 271, 274, 275, 278 on 24.9.04: Special Gazette (No. 206) 22.9.04 p. 1
CurrentState:	This information relates only to provision/s amending the Road Management Act 2004

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 175) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Transport Legislation (Amendment) Act 2004, No. 110/2004

Assent Date:	21.12.04
Commencement Date:	Ss 20, 21 on 22.12.04: s. 2(1)
CurrentState:	This information relates only to provision/s amending the Road Management Act 2004

Mitcham-Frankston Project (Amendment) Act 2005, No. 14/2005

Assent Date:	10.5.05
Commencement Date:	S. 33 on 11.5.05: s. 2
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Road Safety (Further Amendment) Act 2005, No. 24/2005

Assent Date:	31.5.05
Commencement Date:	Ss 17–21 on 1.6.05: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Pipelines Act 2005, No. 61/2005

Assent Date:	20.9.05
Commencement Date:	S. 221 on 1.4.07: Government Gazette 29.3.07 p. 532
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Transport Legislation (Further Miscellaneous Amendments) Act 2005, No. 95/2005

Assent Date:	29.11.05
Commencement Date:	Ss 13, 14, 36(3) on 30.11.05: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Rail Safety Act 2006, No. 9/2006

Assent Date:	4.4.06
Commencement Date:	S. 160 on 1.8.06: Special Gazette (No. 181) 25.7.06 p. 1
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 43) on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

City of Melbourne and Docklands Acts (Governance) Act 2006, No. 74/2006

Assent Date:	10.10.06
Commencement Date:	S. 29 on 1.7.07: Government Gazette 28.6.07 p. 1303
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Road Legislation (Projects and Road Safety) Act 2006, No. 81/2006

Assent Date:	10.10.06
Commencement Date:	Ss 51–58, 63–65 on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Water (Governance) Act 2006, No. 85/2006

Assent Date:	17.10.06
Commencement Date:	S. 165 on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Transport Legislation Amendment Act 2007, No. 69/2007

Assent Date:	11.12.07
Commencement Date:	S. 71 on 1.7.10: s. 2(7)
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Road Legislation Further Amendment Act 2007, No. 74/2007

Assent Date:	18.12.07
Commencement Date:	Ss 74, 76, 78 on 19.12.07: s. 2(1); ss 75, 77, 79 on 1.1.08: s. 2(7)
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Bus Safety Act 2009, No. 13/2009

Assent Date:	7.4.09
Commencement Date:	S. 86 on 31.12.10: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Transport Legislation Miscellaneous Amendments Act 2009, No. 17/2009

Assent Date:	12.5.09
Commencement Date:	Ss 10–19, 22–24 on 13.5.09: s. 2(1); ss 20, 21 on 1.7.09: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Road Legislation Amendment Act 2009, No. 28/2009

Assent Date:	17.6.09
Commencement Date:	Ss 55–61 on 18.6.09: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 105) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009

Assent Date:	15.12.09
Commencement Date:	S. 31 on 16.12.09: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009

Assent Date:	15.12.09
Commencement Date:	Ss 24–29 on 17.12.09: Government Gazette 17.12.09 p. 3339
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date:	2.3.10
Commencement Date:	Ss 24(5)(Sch. 1 item 14), 203(1)(Sch. 6 item 41) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010, No. 19/2010

Assent Date:	18.5.10
Commencement Date:	Ss 44, 45 on 1.7.10: Government Gazette 10.6.10 p. 1149
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Road Legislation Miscellaneous Amendments Act 2010, No. 75/2010

Assent Date:	19.10.10
Commencement Date:	S. 11 on 1.11.10: Government Gazette 21.10.10 p. 2531
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011

Assent Date:	15.11.11
Commencement Date:	S. 25 on 15.12.11: Special Gazette (No. 407) 13.12.11 p. 1; Sch. 1 item 10 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Road Safety Amendment Act 2012, No. 50/2012

Assent Date:	4.9.12
Commencement Date:	Ss 30, 31 on 1.10.12: Special Gazette (No. 324) 26.9.12 p. 2
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Road Management Amendment (Peninsula Link) Act 2012, No. 70/2012

Assent Date:	20.11.12
Commencement Date:	Ss 3–12 on 5.12.12: Special Gazette (No. 419) 4.12.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Rail Safety National Law Application Act 2013, No. 22/2013

Assent Date:	23.4.13
Commencement Date:	Ss 66–73 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013, No. 55/2013

Assent Date:	24.9.13
Commencement Date:	S. 26 on 25.9.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 4(Sch. 2 item 43) on 1.12.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Emergency Management Act 2013, No. 73/2013

Assent Date:	3.12.13
Commencement Date:	S. 103 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 146) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014

Assent Date:	27.6.14
Commencement Date:	S. 33(Sch. item 24) on 30.6.14: s. 2(5)
Current State:	This information relates only to the provision/s amending the Road Management Act 2004

Filming Approval Act 2014, No. 51/2014

Assent Date:	12.8.14
Commencement Date:	S. 9(Sch. 2 item 15) on 1.3.15: s. 2(2)
Current State:	This information relates only to the provision/s amending the Road Management Act 2004

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 46) on 1.8.15: s. 2(1)
Current State:	This information relates only to the provision/s amending the Road Management Act 2004

Road Legislation Amendment Act 2016, No. 5/2016

Assent Date:	16.2.16
Commencement Date:	S. 13 on 17.2.16: s. 2(1), ss 14, 15 on 15.4.16: Special Gazette (No. 92) 12.4.16 p. 1
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Road Management Amendment (Bus Stop Delivery Powers) Act 2016, No. 45/2016

Assent Date:	23.8.16
Commencement Date:	24.8.16: s. 2
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Road Legislation Further Amendment Act 2016, No. 70/2016

Assent Date:	29.11.16
Commencement Date:	Ss 3–5 on 1.1.17: Special Gazette (No. 389) 20.12.16 p. 1
Current State:	This information relates only to the provision/s amending the Road Management Act 2004

Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017

Assent Date:	14.2.17
Commencement Date:	S. 50(Sch. 1 item 8) on 12.4.17: Special Gazette (No. 117) 12.4.17 p. 1
Current State:	This information relates only to the provision/s amending the Road Management Act 2004

Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017

Assent Date:	24.10.17
Commencement Date:	S. 90 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1
Current State:	This information relates only to the provision/s amending the Road Management Act 2004

West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019 (as amended by No. 49/2019)

Assent Date:	26.3.19
Commencement Date:	Ss 130–146 on 19.2.20: s. 2(3)
Current State:	This information relates only to the provision/s amending the Road Management Act 2004

Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019

Assent Date:	6.11.19
Commencement Date:	S. 117(Sch. 1 item 11) on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1
Current State:	This information relates only to the provision/s amending the Road Management Act 2004

Transport Legislation Amendment Act 2019, No. 49/2019[1] (as amended by No. 41/2020)

Assent Date:	3.12.19
Commencement Date:	S. 187 on 4.12.19: s. 2(1); ss 173−182, 183(Sch. 3 items 1−27, 29−54) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1; s. 183(Sch. 3 item 28) on 30.6.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Road Management Act 2004

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 87) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State:	This information relates only to the provision/s amending the Road Management Act 2004

North East Link Act 2020, No. 18/2020

Assent Date:	10.6.20
Commencement Date:	Ss 141−153 on 1.3.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Road Management Act 2004

Transport Legislation Amendment Act 2020, No. 41/2020

Assent Date:	1.12.20
Commencement Date:	Ss 9–13 on 2.12.20: s. 2(1)
Current State:	This information relates only to the provision/s amending the Road Management Act 2004

Transport Legislation Miscellaneous Amendments Act 2021, No. 30/2021

Assent Date:	10.8.21
Commencement Date:	Ss 29, 30 on 11.8.21: s. 2(1)
Current State:	This information relates only to the provision/s amending the Road Management Act 2004

Transport Legislation Amendment Act 2023, No. 34/2023

Assent Date:	21.11.23
Commencement Date:	Ss 33−36 on 1.7.24: Special Gazette (No. 319) 18.6.24 p. 1
CurrentState:	This information relates only to the provision/s amending the Road Management Act 2004

Transport Infrastructure and Planning Legislation Amendment Act 2024, No. 48/2024

Assent Date:	26.11.24
Commencement Date:	S. 48 on 27.11.24: s. 2(1)
Current State:	This information relates only to the provision/s amending the Road Management Act 2004

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	Ss 19, 20, 106(Sch. 1 item 38) on 6.8.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Road Management Act 2004

–––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] Table of Amendments (Transport Legislation Amendment Act 2019): The amendment proposed by section 183(Schedule 3 item 54) of the Transport Legislation Amendment Act 2019, No. 49/2019 is not included in this publication due to the earlier expiry of clause 4 of Schedule 7A by clause 4(5).

Schedule 3 item 54 reads as follows:

SCHEDULE 3—CONSEQUENTIAL AMENDMENTS TO ROAD MANAGEMENT ACT 2004

Section 183

54In Schedule 7A, clause 4 is repealed.