Road Management (Works and Infrastructure) Regulations 2005 (Vic)
Authorised Version No. 004
Road Management (Works and Infrastructure) Regulations 2005
S.R. No. 62/2005
Authorised Version incorporating amendments as at
10 April 2013
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY
1Objectives
2Authorising provision
3Commencement
4Definitions
4ADeclared traffic impact works
PART 2—EXEMPTIONS
5Exemption from requirement to obtain consent for, or give
notice of completion of, minor works, other than traffic impact works6Exemption for fire authorities from requirement to obtain
consent7Exemption from requirement to obtain consent in relation to pathway works
8Exemption from requirement to obtain consent in respect of certain agreed works
9Period within which utility or provider of public transport
must give notice of completion of certain works10Coordinating road authority may give exemption from requirement to give notice of completion of works
11Exemption from requirement to give notice under clause 7 of Schedule 7
12Exemptions in respect of driveway works or mowing
PART 3—CONSENTS
14Certain conditions not to be imposed on consents
15Prescribed particulars—Schedule 7, clause 16(3)
PART 4—GENERAL
16Prescribed period—Schedule 7, clause 13
17Prescribed period—Schedule 7, clause 17
PART 5—FEES
18Fees for applications for consent
PART 6—SAVINGS AND TRANSITIONAL
19Exemptions given under interim regulations
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SCHEDULE—The Table
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Authorised Version No. 004
Road Management (Works and Infrastructure) Regulations 2005
S.R. No. 62/2005
Authorised Version incorporating amendments as at
10 April 2013
PART 1—PRELIMINARY
1Objectives
The objectives of these Regulations are—
(a)to prescribe exemptions from the requirement to obtain consent under section 63(1) of the Road Management Act 2004 before conducting certain works;
(b)to prescribe exemptions from the requirement to give notice as to the conduct or completion of certain works;
(c)to prescribe restrictions on the powers of a coordinating road authority to impose conditions on consents given under section 63(1) of the Road Management Act 2004;
(d)to vary periods referred to in Schedule 7 to the Road Management Act 2004 within which certain notices must be given or consent is to be taken to have been given;
(e)to prescribe particulars for the purpose of clause 16 of Schedule 7 to the Road Management Act 2004;
(f)to prescribe fees for applications under Schedule 7 to the Road Management Act 2004 for written consent to the conduct of proposed works on a road.
2Authorising provision
These Regulations are made under section 132 of the Road Management Act 2004.
3Commencement
These Regulations come into operation on 1 July 2005.
4Definitions
In these Regulations—
agent, in relation to a utility, a provider of public transport, a responsible road authority, the Metropolitan Fire and Emergency Services Board or the Country Fire Authority, means a person authorised in writing by the utility, provider of public transport, Authority, Board or Authority to conduct works on its behalf;
driveway works means the installation, maintenance or repair of a physical means of entry or exit for vehicles from adjoining land to a roadway;
minor works means—
(a)works consisting of—
(i)the installation, repair or maintenance of aerial cables or other overhead non-road infrastructure; or
(ii)the connection of a consumer to a service provided by, or intended to be provided by, a utility—
other than supply extension works;
(b)works consisting of the repair or maintenance of street lighting;
(c)works consisting of the excavation of—
(i)any part of a road other than a roadway, pathway or shoulder; or
(ii)an area of a roadway, pathway or shoulder not exceeding 8×5 square metres;
(d)works consisting of using an access hole for the purpose of accessing, repairing or maintaining infrastructure under a road;
(e)works consisting of the installation, repair or maintenance of traffic control items carried out in accordance with the Road Safety Act 1986 and the regulations made under that Act;
(f)works consisting of—
(i)the repair or maintenance of poles; or
(ii)the replacement or relocation of a single pole in an urban area (not being part of a replacement or relocation of 2 or more consecutive poles); or
(iii)the replacement or relocation of not more than 3 poles in an area other than an urban area (not being part of a replacement or relocation of more than 3 consecutive poles);
(g)works consisting of the pruning of a tree or other vegetation;
(h)works consisting of the removing of a tree or other vegetation—
(i)by a road authority or an agent of a road authority; or
(ii)by a utility, an agent of a utility, a provider of public transport or an agent of a provider of public transport in accordance with an Act other than the Road Management Act 2004;
(i)works, other than works referred to above, conducted for the purpose of repair, inspection, operation or testing of an asset or for the purposes of a survey—
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;
supply extension works means the connection of a consumer to a service provided, or intended to be provided, by a utility—
(a)in an urban area by means of—
(i)underground works over a distance exceeding 100 metres; or
(ii)overhead works involving the installation of more than one additional pole;
(b)in any other area, by means of—
(i)underground works over a distance exceeding 300 metres; or
(ii)overhead works involving the installation of more than 3 additional poles;
traffic impact works means works—
(a)conducted—
(i)on a freeway; or
(ii)on an arterial road and that require the deviation of vehicular traffic into an on-coming traffic lane; or
(iii)in a clearway when it is in operation; or
(iv)on, or partly on, or that affect, a bridge or other structure; or
(b)that require the closure to vehicular traffic of a part of a roadway for a continuous period of more than 12 hours or for more than 24 hours in 7 days; or
(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.
4ADeclared traffic impact works
(1)A relevant Minister, after considering the advice of the 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.
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PART 2—EXEMPTIONS
5Exemption from requirement to obtain consent for, or give notice of completion of, minor works, other than traffic impact works
(1)A person to whom this regulation applies—
(a)is exempt from the requirement under section 63(1) of the Road Management Act 2004 to obtain the written consent of the relevant coordinating road authority for minor works, other than traffic impact works; and
(b)is exempt from the requirement under clause 13(1) to Schedule 7 to the Road Management Act 2004 to give notice to the relevant coordinating road authority as to the completion of minor works other than—
(i)traffic impact works; and
(ii)works consisting of, or including, the excavation of any part of a roadway, pathway or shoulder, other than an excavation associated only with the repair, maintenance, installation or replacement of a pole.
(2)This regulation applies to a utility, an agent of a utility, a provider of public transport, an agent of a provider of public transport, a responsible road authority and an agent of a responsible road authority.
6Exemption for fire authorities from requirement to obtain consent
(1)A person to whom this regulation applies is exempt from—
(a)the requirement under section 63(1) of the Road Management Act 2004 to obtain the written consent of the relevant coordinating road authority for works consisting of the inspection or maintenance of water valves under its management, not being traffic impact works; and
(b)the requirement under clause 13(1) of Schedule 7 to that Act to give notice to the relevant coordinating road authority as to the completion of such works.
(2)This regulation applies to the Metropolitan Fire and Emergency Services Board, an agent of the Board, the Country Fire Authority and an agent of the Authority.
7Exemption from requirement to obtain consent in relation to pathway works
(1)A person to whom this regulation applies—
(a)is exempt from the requirement under section 63(1) of the Road Management Act 2004 to obtain the written consent of the relevant coordinating road authority for works consisting of the construction, repair or maintenance of a pathway, other than traffic impact works; and
(b)is exempt from the requirement under clause 13(1) to Schedule 7 of that Act to give notice to the relevant coordinating road authority as to the completion of such works.
(2)This regulation applies to a responsible road authority and an agent of a responsible road authority.
8Exemption from requirement to obtain consent in respect of certain agreed works
A person who undertakes works in accordance with an agreement or requirement under clause 18 of Schedule 7 to the Road Management Act 2004 is exempt from the requirement under section 63(1) of that Act to obtain the written consent of the relevant coordinating road authority for those works.
9Period within which utility or provider of public transport must give notice of completion of certain works
(1)For the purposes of clause 13 of Schedule 7 to the Road Management Act 2004, the period within which a person to whom this regulation applies must give notice of the completion of works, is the period ending on the 14th day of the month next following the completion of the works.
(2)This regulation applies to a utility, the agent of a utility, a provider of public transport, or the agent of a provider of public transport in respect of works where the utility, agent of a utility, provider of public transport or agent of the provider of public transport is exempt from the requirement under section 63(1) of the Road Management Act 2004 to obtain the written consent of the relevant coordinating road authority for the conduct of those works but is not exempt from the requirement to give notice of the completion of the works.
10Coordinating road authority may give exemption from requirement to give notice of completion of works
Where a co-ordinating road authority gives written consent under section 63(1) of the Road Management Act 2004 to a person for the conduct of works, it may exempt that person from the requirement under clause 13(1) of Schedule 7 to that Act to give notice as to the completion of those works.
11Exemption from requirement to give notice under clause 7 of Schedule 7
(1)A person to whom this regulation applies is exempt from the requirement under clause 7 of Schedule 7 to the Road Management Act 2004 to give notice to the relevant coordinating road authority of any proposed installation of non-road infrastructure or related works on the road reserve.
(2)This regulation applies to a utility, an agent of a utility, a provider of public transport, an agent of a provider of public transport, a responsible road authority and an agent of a responsible road authority.
12Exemptions in respect of driveway works or mowing
A person is exempt from—
(a)the requirement under section 63(1) of the Road Management Act 2004 to obtain the written consent of the coordinating road authority for the conduct of works consisting of—
(i)driveway works giving access to an arterial road; or
(ii)mowing any part of a roadside—
other than traffic impact works; and
(b)the requirement under clause 13(1) of Schedule 7 to that Act to give notice to the relevant coordinating road authority as to the completion of such driveway works or mowing.
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PART 3—CONSENTS
14Certain conditions not to be imposed on consents
(1)A coordinating road authority must not impose on a consent given under section 63(1) of the Road Management Act 2004—
(a)a condition relating to visual amenity or aesthetics unless the condition relates to road infrastructure;
(b)a condition relating to the technical design of, or the equipment or techniques used in the installation of, a service provided by a utility or a provider of public transport;
(c)a condition that is not reasonably relevant to the conduct of the works;
(d)a condition requiring non-road infrastructure that would normally be placed above ground to be placed under a road;
(e)a condition relating to environmental impact considerations other than in relation to the matters referred to in clause 14 of Schedule 7 to the Road Management Act 2004;
Note
Authorised uses of road reserves must be managed to protect and preserve existing significant roadside vegetation and sites of biological significance. See clause 14(3)(g) of Schedule 7 to the Road Management Act 2004.
(f)a condition requiring an indemnity other than an indemnity in respect of the conduct of the works that does not extend beyond a 12 month warranty period.
(2)A coordinating road authority must not impose on a consent given to a utility or a provider of public transport under section 63(1) of the Road Management Act 2004 a condition relating to financial security in respect of the conduct of the works, other than an indemnity in respect of the conduct of the works that does not extend beyond a 12 month warranty period.
(3)Any dispute arising under this regulation between 2 or more road authorities is to be determined by the relevant Minister or his or her nominee or by the relevant Ministers or their joint nominees.
(4)Any dispute arising under this regulation between a road authority and a utility or a provider of public transport is to be determined by the relevant Minister and the relevant utility Minister or the Minister for Public Transport (as the case may be) or their joint nominees having regard to the works and infrastructure management principles.
15Prescribed particulars—Schedule 7, clause 16(3)
The particulars that must be included in an application for written consent to the conduct of proposed works that may affect non-road infrastructure which is the responsibility of an infrastructure manager or works manager other than the applicant are—
(a)particulars of any proposed traffic management plan in accordance with clause 3 of Schedule 7 to the Road Management Act 2004;
(b)particulars of notices given to other infrastructure managers or works managers in accordance with clause 8 of Schedule 7 to the Road Management Act 2004;
(c)particulars of consultations conducted in accordance with clause 10 of Schedule 7 to the Road Management Act 2004.
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PART 4—GENERAL
16Prescribed period—Schedule 7, clause 13
The period within which notice is to be given under clause 13(1) of Schedule 7 to the Road Management Act 2004 is 7 business days.
17Prescribed period—Schedule 7, clause 17
The relevant period for the purposes of clause 17 to Schedule 7 to the Road Management Act 2004 in relation to an application by a utility for written consent to the conduct of works—
(a)consisting of supply extension works is 15 business days;
(b)consisting of the connection of a consumer to a service provided by, or intended to be provided by, the utility (not being supply extension works) is 3 business days.
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PART 5—FEES
18Fees for applications for consent
(1)The fee for an application under clause 16 of Schedule 7 to the Road Management Act 2004 for written consent to the conduct of proposed works on a road referred to in column 1 of the Table in the Schedule is the fee specified in column 2 of that Table applicable to the class of works referred to in the application.
(2)A co-ordinating road authority may waive the whole or any part of a fee if it considers that the application and any certificates, endorsements or other documents accompanying the application provide sufficient confirmation that satisfactory preparatory arrangements have been made for the conduct of the works or part of them.
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PART 6—SAVINGS AND TRANSITIONAL
19Exemptions given under interim regulations
If a coordinating road authority has in accordance with regulation 10 of the Road Management (Works and Infrastructure) (Interim) Regulations 2004[1] exempted a person from the requirement under clause 13(1) of Schedule 7 to the Road Management Act 2004, that exemption is to be taken to have been given in accordance with regulation 10 of these Regulations.
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SCHEDULE
THE TABLE
| Column 1 | Column 2 | |||
| Works, other than minor works | Minor works | |||
| Conducted on, or on any part of, the roadway, shoulder or pathway | Not conducted on, or on any part of, the roadway, shoulder or pathway | Conducted on, or on any part of, the roadway, shoulder or pathway | Not conducted on, or on any part of, the roadway, shoulder or pathway | |
| Freeway | 45 fee units | 32 fee units | 25 fee units | 10 fee units |
| Arterial road | 45 fee units | 25 fee units | 11×5 fee units | 10 fee units |
| Municipal road or non arterial State road on which the maximum speed limit for vehicles at any time is more than 50 kilometres per hour | 45 fee units | 25 fee units | 11×5 fee units | 5 fee units |
| Municipal road or non arterial State road on which the maximum speed limit for vehicles is not more than 50 kilometres per hour | 20 fee units | 5 fee units | 11×5 fee units | 5 fee units |
Note:Fees are not payable in respect of minor works that do not require consent. See regulation 5. The fees are expressed as fee units in accordance with the Monetary Units Act 2004.
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ENDNOTES
1. General Information
The Road Management (Works and Infrastructure) Regulations 2005, S.R. No. 62/2005 were made on 21 June 2005 by the Governor in Council under section 132 of the Road Management Act 2004, No. 12/2004 and came into operation on 1 July 2005: regulation 3.
The Road Management (Works and Infrastructure) Regulations 2005 will sunset 10 years after the day of making on 21 June 2015 (see section 5 of the Subordinate Legislation Act 1994).
2. Table of Amendments
This Version incorporates amendments made to the Road Management (Works and Infrastructure) Regulations 2005 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Road Management (Works and Infrastructure) (Amendment) Regulations 2007, S.R. No. 154/2007
Date of Making: 18.12.07 Date of Commencement: 1.1.08: reg. 3
Road Management (General) and Road Management (Works and Infrastructure) Amendment Regulations 2009, S.R. No. 127/2009
Date of Making: 21.10.09 Date of Commencement: 21.10.09
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3. Explanatory Details
[1] Reg. 19: S.R. No. 176/2004.
——
Fee Units
These Regulations provide for fees by reference to fee units established under the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2012, is $12.53. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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