Road Management (Works and Infrastructure) (Amendment) Regulations 2007 (Vic)

Road Management (Works and Infrastructure) (Amendment) Regulations 2007

S.R. No. 154/2007

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Amendment to definition of minor works

6Amendment to definition of traffic impact works

7New regulation 4A inserted

4ADeclared traffic impact works

8Amendment to exemption for fire authorities from
requirement to obtain consent

9Amendment to exemption from requirement to obtain
consent in relation to pathway works

10Amendment to exemptions in respect of driveway works
or mowing

11Revocation of sunset provision

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ENDNOTES

STATUTORY RULES 2007

S.R. No. 154/2007

Road Management Act 2004

Road Management (Works and Infrastructure) (Amendment) Regulations 2007

The Governor in Council makes the following Regulations:

Dated: 18 December 2007

Responsible Minister:

TIM PALLAS
Minister for Roads and Ports

MELISSA VAN ROSSUM

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Road Management (Works and Infrastructure) Regulations 2005—

(a)to allow for the exemptions from consent and notice requirements in the Act to continue beyond 1 January 2008;

(b)to provide that works which have a significant impact on the provision of public transport services are not exempt from those consent and notice requirements;

(c)to provide that a relevant road Minister may declare that certain works are not exempt from those consent and notice requirements.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 January 2008.

4Principal Regulations

In these Regulations the Road Management (Works and Infrastructure) Regulations 2005[1] are called the Principal Regulations.

5Amendment to definition of minor works

In regulation 4 of the Principal Regulations, in the definition of minor works—

(a)in paragraph (f)(ii) after "replacement" (where twice occurring) insert "or relocation";

(b)for "but does not include works that consist of, or include, the excavation of an area of a roadway, pathway or shoulder that exceeds 8×5 square metres;" substitute—

"but does not include works that consist of, or include––

(j)the excavation of an area of a roadway, pathway or shoulder that exceeds 8×5 square metres; or

(k)works within a road reserve on or in the vicinity of a level crossing within the meaning of section 221U of the Transport Act 1983;".

6Amendment to definition of traffic impact works

In regulation 4 of the Principal Regulations, for paragraph (c) of the definition of traffic impact works, substitute—

"(c)that require the deviation (to a different road), replacement or cancellation of a tram or bus operated by a provider of public transport; or

(d)that cause a significant delay to a tram or bus operated by a provider of public transport; or

(e)that have a significant impact on access to a bus stop or tram stop; or

(f)that cause a significant delay to traffic on an arterial road or municipal road; or

(g)conducted in circumstances to which a declaration under regulation 4A applies.".

7New regulation 4A inserted

After regulation 4 of the Principal Regulations insert—

"4A   Declared traffic impact works

(1)A relevant road Minister, after considering the advice of the Utilities' Infrastructure Reference Panel, may by declaration published in the Government Gazette declare that works conducted in circumstances set out in the declaration are traffic impact works, if that Minister is satisfied that works conducted in those circumstances may have a significant impact on road safety, traffic or other infrastructure.

Note

Declared traffic impact works are not exempt under regulation 5 from the need to obtain prior written consent for works from the relevant coordinating road authority.

(2)A declaration under this regulation may apply—

(a)to a specified road or class of roads; or

Example

A declaration may apply to—

·a named road, or a specified part of a named road;

·roads which are public transport routes.

(b)to a specified area or part of an area or a specified part of a road or class of roads; or

Example

A declaration may apply to the following types of areas to be areas—

·certain lanes of a multilane road;

·areas with a prevailing speed limit above or below a specified speed;

·areas within school zones.

(c)at specified times; or

Example

A declaration may apply to—

·between stated hours;

·specified days;

·periods during which bus lanes or other specified traffic controls are in operation.

(d)in other specified circumstances relating to the impact of works on road safety, traffic or other infrastructure.

Example

A declaration may apply to—

·works which may affect road safety, such as works requiring the use of certain kinds of equipment;

·works which may affect traffic, such as works involving the imposition of specified kinds of traffic control measures.".

8Amendment to exemption for fire authorities from requirement to obtain consent

In regulation 6(1)(a) of the Principal Regulations, for "works that have a significant impact on road safety, traffic or other infrastructure" substitute "traffic impact works".

9Amendment to exemption from requirement to obtain consent in relation to pathway works

In regulation 7(1)(a) of the Principal Regulations, for "works that have a significant impact on road safety, traffic or other infrastructure" substitute "traffic impact works".

10Amendment to exemptions in respect of driveway works or mowing

In regulation 12(a) of the Principal Regulations—

(a)in subparagraph (ii), omit ", other than a roadside on a freeway";

(b)for "being works that do not have a significant impact on road safety, traffic or other infrastructure" substitute "other than traffic impact works".

11Revocation of sunset provision

Regulation 13 of the Principal Regulations is revoked.

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ENDNOTES

[1] Reg. 4: S.R. No. 62/2005.