Road Management (General) and (Works and Infrastructure) Amendment Regulations 2024 (Vic)

Road Management (General) and (Works and Infrastructure) Amendment Regulations 2024

S.R. No. 61/2024

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

Part 2—Road Management (General) Regulations 2016

4Definitions

5Exemption from consultation requirement for discontinuance of certain roads

6Road authority must conduct review of road management plan

7Interference with roads

8Removal of objects, substances and materials from road

9No charges for certain uses of road reserves

Part 3—Road Management (Works and Infrastructure) Regulations 2015

10Definitions

11Declared traffic impact works

12Exemption for fire authorities from requirement to obtain consent

═════════════

Endnotes

STATUTORY RULES 2024

S.R. No. 61/2024

Road Management Act 2004

Road Management (General) and (Works and Infrastructure) Amendment Regulations 2024

The Governor in Council makes the following Regulations:

Dated: 25 June 2024

Responsible Minister:

MELISSA HORNE
Minister for Roads and Road Safety

SAMUAL WALLACE

Clerk of the Executive Council

PART 1—PRELIMINARY

1Objective

The objective of these Regulations is to amend the Road Management (General) Regulations 2016 and the Road Management (Works and Infrastructure) Regulations 2015 as a consequence of—

(a)the making of the Road Safety Road Rules 2017 and the Road Safety (Traffic Management) Regulations 2019; and

(b)the enactment of the Local Government Act 2020 and the Transport Legislation Amendment Act 2023.

2Authorising provision

These Regulations are made under section 132 of the Road Management Act 2004.

3Commencement

These Regulations come into operation on 1 July 2024.

PART 2—ROAD MANAGEMENT (GENERAL) REGULATIONS 2016

4Definitions

In regulation 5(1) of the Road Management (General) Regulations 2016[1]—

(a)for the definition of municipal council substitute—

"municipal council has the same meaning as Council has in section 3(1) of the Local Government Act 2020;";

(b)in the definition of traffic control device, for "Road Safety Road Rules 2009" substitute "Road Safety Road Rules 2017".

5Exemption from consultation requirement for discontinuance of certain roads

In regulation 6(5)(a)(iii) of the Road Management (General) Regulations 2016, for "Department of Environment, Land, Water and Planning" substitute "Department of Energy, Environment and Climate Action".

6Road authority must conduct review of road management plan

(1)In regulation 8(3) of the Road Management (General) Regulations 2016, for "section 125(1) of the Local Government Act 1989 or, if that period is extended in accordance with section 125(4) of that Act, within that extended period" substitute "section 90(3) of the Local Government Act 2020".

(2)For the note at the foot of regulation 8(3) of the Road Management (General) Regulations 2016 substitute—

"Note

Each incoming municipal council must review its road management plan during the same period as it is developing or reviewing its Council Plan under the Local Government Act 2020.".

7Interference with roads

In the note at the foot of regulation 16(1)(e) of the Road Management (General) Regulations 2016, for "Road Safety Road Rules 2009" substitute "Road Safety Road Rules 2017".

8Removal of objects, substances and materials from road

In regulation 25(6) of the Road Management (General) Regulations 2016, the note at the foot of the definition of responsible person is revoked.

9No charges for certain uses of road reserves

In the note at the foot of regulation 28 of the Road Management (General) Regulations 2016, for "Local Government Act 1989" substitute "Local Government Act 2020".

PART 3—ROAD MANAGEMENT (WORKS AND INFRASTRUCTURE) REGULATIONS 2015

10Definitions

In regulation 5 of the Road Management (Works and Infrastructure) Regulations 2015[2]—

(a)in the definition of agent, for "the Metropolitan Fire and Emergency Services Board" substitute "Fire Rescue Victoria";

(b)in the definitions of bus lane, children's crossing, clearway and service road, for "Road Safety Road Rules 2009" substitute "Road Safety Road Rules 2017".

11Declared traffic impact works

(1)For regulation 9(1) of the Road Management (Works and Infrastructure) Regulations 2015 substitute—

"(1)A relevant Minister, by notice published in the Government Gazette, may declare that works conducted in circumstances set out in the declaration are traffic impact works if that Minister—

(a)has considered the advice of—

(i)any road authority, utility or provider of public transport that is likely to be materially affected by the declaration to be made; or

(ii)as the case requires, a body or bodies that represent the interests of any road authority, utility or provider of public transport that is likely to be materially affected by the declaration to be made; and

(b)is satisfied that works conducted in those circumstances may have a significant impact on road safety, traffic or other infrastructure.".

(2)After regulation 9(1) of the Road Management (Works and Infrastructure) Regulations 2015 insert—

"(1A) A declaration made under subregulation (1) is not invalidated by reason only of a failure to comply with the requirements under subregulation (1)(a).".

12Exemption for fire authorities from requirement to obtain consent

For regulation 11(2)(a) of the Road Management (Works and Infrastructure) Regulations 2015 substitute—

"(a)Fire Rescue Victoria or an agent of Fire Rescue Victoria; or".

═════════════

ENDNOTES

[1] Reg. 4: S.R. No. 11/2016 as amended by S.R. No. 151/2019.

[2] Reg. 10: S.R. No. 61/2015.