Untitled document

Road Management (General) and Road Management (Works and Infrastructure) Amendment Regulations 2009

S.R. No. 127/2009

TABLE OF PROVISIONS

Regulation  Page

PART 1—PRELIMINARY

1Objective

2Authorising provision

PART 2—AMENDMENTS TO THE ROAD MANAGEMENT (GENERAL) REGULATIONS 2005

3Road authority must conduct review of road management plan

PART 3—AMENDMENTS TO THE ROAD MANAGEMENT (WORKS AND INFRASTRUCTURE) REGULATIONS 2005

4Definitions

5Declared traffic impact works

6Exemption from requirement to obtain consent for, or give
notice of completion of, minor works, other than traffic impact works

7Period within which utility or provider of public transport
must give notice of completion of certain works

8Exemption from requirement to give notice under clause 7
of Schedule 7

9Certain conditions not to be imposed on consents

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ENDNOTES

STATUTORY RULES 2009

S.R. No. 127/2009

Road Management Act 2004

Road Management (General) and Road Management (Works and Infrastructure) Amendment Regulations 2009

The Governor in Council makes the following Regulations:

Dated: 21 October 2009

Responsible Minister:

TIM PALLAS
Minister for Minister for Roads

TOBY HALLIGAN

Clerk of the Executive Council

PART 1—PRELIMINARY

1Objective

The objective of these regulations is to—

(a)amend the Road Management (General) Regulations 2005; and

(b)amend the Road Management (Works and Infrastructure) Regulations 2005—

to make consequential amendments as a result of recent amendments to the Road Management Act 2004 made by Part 4 of the Transport Legislation Miscellaneous Amendments Act 2009.

2Authorising provision

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

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PART 2—AMENDMENTS TO THE ROAD MANAGEMENT (GENERAL) REGULATIONS 2005

3Road authority must conduct review of road management plan

(1)In regulation 301(2) of the Road Management (General) Regulations 2005[1], for "relevant road Minister" (wherever occurring) substitute "relevant Minister".

(2)In the Note at the foot of regulation 301(3) of the Road Management (General) Regulations 2005, in paragraphs 2 and 3, for "relevant road Minister" substitute "relevant Minister".

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PART 3—AMENDMENTS TO THE ROAD MANAGEMENT (WORKS AND INFRASTRUCTURE) REGULATIONS 2005

4Definitions

In regulation 4 of the Road Management (Works and Infrastructure) Regulations 2005[2]—

(a)in the definition of agent—

(i)after "a utility," insert "a provider of public transport,";

(ii)after "the utility," insert "provider of public transport,";

(b)in the definition of minor works, for paragraph (h)(ii) substitute—

"(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;".

5Declared traffic impact works

In regulation 4A(1) of the Road Management (Works and Infrastructure) Regulations 2005—

(a)for "relevant road Minister" substitute "relevant Minister";

(b)for "Utilities' Infrastructure Reference Panel" substitute "Infrastructure Reference Panel".

6Exemption from requirement to obtain consent for, or give notice of completion of, minor works, other than traffic impact works

In regulation 5(2) of the Road Management (Works and Infrastructure) Regulations 2005, after "utility," (where secondly occurring) insert "a provider of public transport, an agent of a provider of public transport,".

7Period within which utility or provider of public transport must give notice of completion of certain works

(1)In the heading to regulation 9 of the Road Management (Works and Infrastructure) Regulations 2005, after "utility" insert
"or provider of public transport".

(2)For regulation 9(2) of the Road Management (Works and Infrastructure) Regulations 2005 substitute—

"(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.".

8Exemption from requirement to give notice under clause 7 of Schedule 7

In regulation 11(2) of the Road Management (Works and Infrastructure) Regulations 2005, after "utility," (where secondly occurring) insert "a provider of public transport, an agent of a provider of public transport,".

9Certain conditions not to be imposed on consents

(1)In regulation 14(1)(b) of the Road Management (Works and Infrastructure) Regulations 2005, after "utility" insert "or a provider of public transport".

(2)In regulation 14(2) of the Road Management (Works and Infrastructure) Regulations 2005, after "utility" insert "or a provider of public transport".

(3)In regulation 14(3) of the Road Management (Works and Infrastructure) Regulations 2005—

(a)for "relevant road Minister" substitute "relevant Minister";

(b)for "relevant road Ministers" substitute "relevant Ministers".

(4)For regulation 14(4) of the Road Management (Works and Infrastructure) Regulations 2005 substitute—

"(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.".

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ENDNOTES

[1] Reg. 3(1): S.R. No. 63/2005.

[2] Reg. 4: S.R. No. 62/2005 as amended by S.R. No. 154/2007.