Road Management Act 2004 (No. 12 of 2004)

1 Purpose and outline 1

2 Commencement 3

3 Definitions 3

3A Specification of public authority as a relevant State body 22

4 Object of Act 22

5 Interpretation and application of Act 25

5A Transport Integration Act 2010 28

5B Filming Approval Act 2014 28

6 Crown to be bound 28 Part 2—Rights of road users 29

7 Purpose of Part 29

8 Right of passage 29

9 Rights of owners and occupiers of adjoining land 29

10 Rights of the public in relation to a public highway 30 Part 3—The road system 31 Division 1—Roads 31

11 Power to declare and name a road 31

12 Discontinuance of roads 33

13 Power to fix boundary of road 36

14 Power of Head, Transport for Victoria to make declarations in respect of roads 37

15 Arrangements to transfer road management functions 40

16 Designated road project 41 Division 2—Public roads 42

17 What is a public road? 42

18 Ancillary areas in relation to public roads 44

19 Register of public roads 45 Authorised by the Chief Parliamentary Counsel i Section Page Part 4—Management of roads 47 Division 1—Coordination of road management 47

20 Principal object and management principles 47

21 Ministers may require information or advice 48

22 Power of Ministers to give directions 49

23 Power of Governor in Council to give exemption 50

24 Purposes of Codes of Practice 51

25 What can a Code of Practice include? 52

26 Power to apply, adopt or incorporate 54

27 Codes of Practice as evidence 55

28 Making of Codes of Practice 57

29 Availability of Codes of Practice 58

30 Tabling and disallowance 59

31 Infrastructure Reference Panel 60

32 Functions of the Infrastructure Reference Panel 63 Division 2—General functions and powers of road authorities 64

33 Role of a road authority 64

34 General functions 64

35 Powers of a road authority 65

36 Which road authority is the coordinating road authority? 66

37 Which road authority is the responsible road authority? 67

38 Exercise of functions and powers 71

39 Road authority may make a policy or policy decision relating to road management functions 73 Division 3—Specific powers and duties of road authorities 74

40 Statutory duty to inspect, maintain and repair public roads 74

41 Power to determine standard of construction, inspection, maintenance and repair 76

42 Declaration of a public road as a controlled access road 78

42A Specified roads 79

43 Specific road construction, repair and maintenance powers of State road authorities 81 44 Specific traffic management powers of State road authorities 81

45 Specific road property provisions, powers and duties 82

45A Provisions relating to the M1 Redevelopment Project 82

46 Specific protection of roads and adjoining land powers of State road authorities 82

46A Specific duties and powers in relation to street lighting 83 Division 4—Infrastructure and works on roads 83

47 Purpose of Division 83

48 Specific duties and powers in relation to infrastructure and works on roads 83 Authorised by the Chief Parliamentary Counsel ii Section Page Division 4A—Safety duties in relation to works on or near rail infrastructure 84

48A Definitions 84

48B Duty of responsible road authority, infrastructure manager or works manager in relation to works on or in immediate vicinity of rail infrastructure or rolling stock 85

48D Works contractor duty in relation to works on or in immediate vicinity of rail infrastructure or rolling stock 86

48DA Only one offence committed 87

48DB Duty of rail transport operator in relation to works on or in immediate vicinity of road infrastructure 87

48DC Exercising a power or performing a duty safely 87

48E Only one offence committed 88

48EA Notification by responsible road authority, infrastructure manager or works manager 89

48EB Notification by works contractor 90

48EC Notification by rail transport operator 91

48F Notification of road authorities before railway operations carried out 92

48G Certain offences in this Division are indictable offences 93 Division 4B—Specific provisions relating to bus stop infrastructure and tram stop infrastructure 93

48H Definitions 93

48I Application of Division 94

48J Powers of relevant authority 95

48K Offence in relation to removal, demolition or relocation 96

48L Resolution of disputes 97

48M Guidelines 97

48N Information to be provided by a municipal council 97

48O Consent of relevant authority required to install, attach or affix rubbish bin or cigarette disposal unit 98

48P Power of Head, Transport for Victoria to remove rubbish bin or cigarette disposal unit installed, attached or affixed without consent 98 Division 5—Road management plans 99

49 The making of a road management plan is voluntary 99

50 Purposes of a road management plan 99

51 Standards may be included in a road management plan 99

52 Contents of a road management plan 100

53 Power to apply, adopt or incorporate 102

54 Procedure for making or amending a road management plan 103

55 Availability of road management plan 104 Authorised by the Chief Parliamentary Counsel iii Section Page Division 6—Development contributions 105

56 Development contribution 105

57 Review of required payments 106

58 State road authority may require further payment or refund excess 107

59 When payment is due 108 Part 5—Protection of roads 110 Division 1—Offences 110

60 Offences in relation to unauthorised access to roads 110

61 Offence to fail to comply with direction 111

62 Obstruction of road 111

63 Interference with a road 112

64 Failure to give notice 114

65 Compliance with conditions of written consent 114 Division 2—Controls on advertising, signs and bills on roads and road infrastructure 115

66 Written consent required for placing of specified things on a road or road infrastructure 115

67 Advertiser must disclose name of distributor 115

68 Distributor must disclose name of depositor 116 69 Person must remove structure, device, hoarding, advertisement, sign or bill if requested to do so 116

70 Court may order removal of structure, device, hoarding, advertisement, sign or bill 117 Division 3—Authorised officers 118

71AA Definition 118

71 Authorised officers 119

72 Authorised officer's identity card 121

73 Production of identity card 122

74 General powers of authorised officers 122

75 Power to enter upon any land 122

76 Power to obtain name and address 123

77 Requirement to assist authorised officer during entry 124

78 Assistance of police officer 124

79 Offence for failure to give name and address 124

80 Refusal or failure to comply with requirement or direction 124

81 Protection against self-incrimination 124

82 Offence to give false or misleading information 125

83 Offence to hinder or obstruct authorised officer 125

84 Offence to impersonate authorised officer 125

85 Entry to be reported to the appointing entity 125

86 Register of exercise of powers of entry 126

87 Complaints 126 Authorised by the Chief Parliamentary Counsel iv Section Page

88 Service of documents 126

89 Confidentiality 127 Division 4—Enforcement 127

90 Power to serve road management infringement notice 127

96 Institution of proceedings for offences 128 Part 6—Civil liability 130 Division 1—General 130

97 Definitions 130

98 Effect of this Part 130 Division 2—Negligence 130

99 Application of Division 130

100 Application of Part XII of Wrongs Act 1958 130

101 Principles concerning performance of road management functions 131

102 Limitations on liability of road authority 132

103 Policy defence 133

104 Liability where duty to perform and discretionary power to remedy 134

105 Defence to prove that reasonable care was taken 134

106 Matters which may be considered to constitute contributory negligence 135 Division 3—Other liability 136

107 Liability of road authority 136

108 Road authority is not liable as an occupier 136

109 Liability in relation to fencing 136

110 Limits in relation to liability for property damages 137

111 Indexation provision 138 Division 4—Liability of persons other than road authorities 140

112 Right to recover for damage to road 140

113 Duty of owner or occupier of adjoining land 141 Division 5—Claims procedure 142

114 Purpose of Division 142

115 Notice of incident 142

116 Preparation of condition report 143 Part 7—General 145

117 Power of Ministers to delegate 145

118 Power of road authority to delegate 145

119 Power of the Head, Transport for Victoria to perform road management functions on roads 146 Authorised by the Chief Parliamentary Counsel v Section Page

119A Removal of stationary vehicles 146

119B Removal of abandoned property 148

120 Power of road authority to perform road management functions on arterial road 148

121 Agreement to conduct additional works 148

122 Power to charge fees 149

123 Power to charge for services 149

124 Evidentiary provisions 150

125 Resolution of disputes 151

126 Review of decision 152

127 Compensation payable by a road authority in certain circumstances 152

128 Abrogation of obsolete common law road classifications 153

129 Partial abrogation of "ratione tenure" rule 153

130 Obstruction of navigable rivers 154

132 Regulations 154

133 Application of regulations to Link road and Extension road 162

133A Application of regulations to EastLink 163

133B Application of regulations to Peninsula Link Freeway 164

133C Application of regulations to West Gate Tunnel tollway 165

133D Application of regulations to North East Link road 165

134 Application of Act in respect of the Link road and Extension road 166

134AA Application of Schedule 7 in respect of the Link road and the Extension road 169

134A Application of Act in respect of the EastLink and EastLink Corporation 170

134B Application of Schedule 7 in respect of the EastLink 173

134C Peninsula Link Freeway Corporation 174

134D Application of Act in respect of the Peninsula Link Freeway and the Peninsula Link Freeway Corporation 175

134E Application of Schedule 7 in respect of the Peninsula Link Freeway 177

134F Application of Act in respect of the West Gate Tunnel tollway and the West Gate Tunnel Corporation 179

134G Application of Schedule 7 in respect of the West Gate Tunnel tollway 181

134H Application of Act in respect of the North East Link road and the North East Link State Tolling Corporation 183

134I Application of Schedule 7 in respect of the North East Link road 185

135 Transitional and savings provisions 187

135A Acquisition of certain land for the Alphington link 187

135B Cultural and Recreational Lands Act 1963 187 Authorised by the Chief Parliamentary Counsel vi Section Page Part 8—Transitional provisions—Transport Legislation Amendment Act 2019 188

136 Definitions 188

137 Application of Interpretation of Legislation Act 1984 188

138 Things done by VicRoads as a road authority before commencement day 188

139 Things commenced but not completed by VicRoads as a road authority before commencement day 189

140 Superseded references 190

141 Authorised officers authorised by VicRoads continue to be authorised officers 190

142 Regulations dealing with transitional matters 190 Schedules 192 Schedule 1—Registers of public roads 192 Schedule 2—Management of road access 194 Schedule 3—Specific powers of State road authorities 200 Schedule 4—Specific traffic management powers of State road authorities 205 Schedule 5—Road property provisions, powers and duties 211 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project 221 Schedule 6—Specific protection of roads and adjoining land powers of State road authorities 259 Schedule 7—Infrastructure and works on roads 263 Schedule 7A—Street lighting 278 Schedule 8—Road management infringements 281 Schedule 9—Transitional and savings provisions 282 Schedule 10—Further transitional and savings provisions and other provisions 285 ═══════════════ Authorised by the Chief Parliamentary Counsel vii Section Page Endnotes 287

1 General information 287

2 Table of Amendments 290

3 Amendments Not in Operation 297

4 Explanatory details 298 Authorised by the Chief Parliamentary Counsel viii Authorised Version No. 062 Road Management Act 2004 No. 12 of 2004 Authorised Version incorporating amendments as at

11 August 2021 The Parliament of Victoria enacts as follows: Part 1—Preliminary

1 Purpose 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; Authorised by the Chief Parliamentary Counsel 1 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary • 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. Authorised by the Chief Parliamentary Counsel 2 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary

2 Commencement (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.

3 Definitions (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; Authorised by the Chief Parliamentary Counsel 3 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary 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; S. 3(1) def. of Department means the Department of Transport; Department inserted by No. 49/2019 s. 183(Sch. 3 item 1(a)). designated road project means a road project designated by the Minister under section 16 as a designated road project; S. 3(1) def. of EastLink means EastLink within the meaning of EastLink inserted by the EastLink Project Act 2004; No. 95/2005 s. 13(1)(a). S. 3(1) def. of EastLink Agreement means the freeway use EastLink Agreement agreement within the meaning of the inserted by EastLink Project Act 2004; No. 95/2005 s. 13(1)(a). S. 3(1) def. of EastLink Corporation means the Freeway EastLink Corporation Corporation within the meaning of the inserted by EastLink Project Act 2004; No. 95/2005 s. 13(1)(a). 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; Authorised by the Chief Parliamentary Counsel 4 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary film friendly principles has the same meaning as S. 3(1) def. of in the Filming Approval Act 2014; film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 15.1). film permit has the same meaning as in the S. 3(1) def. of film permit Filming Approval Act 2014; inserted by No. 51/2014 s. 9(Sch. 2 item 15.1). freeway means a road declared to be a freeway under section 14; Head, Transport for Victoria has the same S. 3(1) def. of Head, meaning as in section 3 of the Transport Transport for Integration Act 2010; Victoria inserted by No. 49/2019 s. 183(Sch. 3 item 1(a)). infrastructure means road infrastructure and non-road infrastructure; infrastructure manager means— S. 3(1) def. of infrastructure manager (a) in relation to road infrastructure, the amended by responsible road authority under No. 17/2009 s. 10(1). 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; Infrastructure Reference Panel means the Panel S. 3(1) def. of Infrastructure established under section 31; Reference Panel inserted by No. 17/2009 s. 11(1)(a). Authorised by the Chief Parliamentary Counsel 5 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary 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; S. 3(1) def. of * * * * * Mitcham- Frankston Freeway inserted by No. 39/2004 s. 262(1), repealed by No. 95/2005 s. 13(1)(b). S. 3(1) def. of * * * * * Mitcham- Frankston Freeway Agreement inserted by No. 39/2004 s. 262(1), repealed by No. 95/2005 s. 13(1)(b). Authorised by the Chief Parliamentary Counsel 6 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary * * * * * S. 3(1) def. of Mitcham- Frankston Freeway Corporation inserted by No. 39/2004 s. 262(1), substituted by No. 14/2005 s. 33(1), repealed by No. 95/2005 s. 13(1)(b). 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 S. 3(1) def. of municipal State road, including any road which— road amended by (a) is a road referred to in section 205 of No. 49/2019 s. 183(Sch. 3 the Local Government Act 1989; or item 1(b)). (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, S. 3(1) def. of non-road on, under or over a road which is not road infrastructure infrastructure; amended by No. 17/2009 Note s. 12(1)(a). 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 Authorised by the Chief Parliamentary Counsel 7 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary furniture and fences erected by utilities or providers of public transport. S. 3(1) def. of North East Link operation and maintenance North East Link operation agreement has the same meaning as it has in and section 3 of the North East Link Act 2020; maintenance agreement inserted by No. 18/2020 s. 141(b). S. 3(1) def. of North East Link operator has the same meaning North East Link operator as it has in section 3 of the North East Link inserted by Act 2020; No. 18/2020 s. 141(b). S. 3(1) def. of North East Link Project has the same meaning as North East Link Project it has in section 3 of the North East Link inserted by Act 2020; No. 18/2020 s. 141(b). S. 3(1) def. of North East Link road has the same meaning as it North East Link road has in section 3 of the North East Link inserted by Act 2020; No. 18/2020 s. 141(b). S. 3(1) def. of North East Link State Tolling Corporation has North East Link State the same meaning as it has in section 3 of the Tolling North East Link Act 2020; Corporation inserted by No. 18/2020 s. 141(b). S. 3(1) def. of pathway means a footpath, bicycle path or other pathway amended by area constructed or developed by or on No. 41/2020 behalf of a road authority, the State or a s. 9(1)(a). relevant State body for use by members of the public other than with a motor vehicle but does not include any path— Authorised by the Chief Parliamentary Counsel 8 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary (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 Examples to s. 3(1) def. of A footpath or bicycle path constructed on a road pathway reserve by or on behalf of a road authority, the State amended by No. 41/2020 or a relevant State body for use by the general public s. 9(1)(b). 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 S. 3(1) def. of Peninsula Peninsula Link project area that is declared Link Freeway to be a freeway under section 193 of the inserted by No. 70/2012 Major Transport Projects Facilitation s. 3(1). Act 2009; Peninsula Link Freeway Corporation means the S. 3(1) def. of Peninsula person who, for the time being, is the Link Freeway Peninsula Link Freeway Corporation under Corporation inserted by section 134C; No. 70/2012 s. 3(1). Peninsula Link project area means the area of S. 3(1) def. of Peninsula land designated as the project area for the Link project Peninsula Link Project by the Order under area inserted by section 95(2) of the Major Transport No. 70/2012 Projects Facilitation Act 2009 published in s. 3(1). 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 S. 3(1) def. of Peninsula entered into between the Minister for Roads Link Project and Ports on behalf of the Crown in right of Deed inserted by the State of Victoria and Southern Way No. 70/2012 s. 3(1). Authorised by the Chief Parliamentary Counsel 9 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary Pty Limited ACN 136 724 733 on

20 January 2010; S. 3(1) def. of police officer has the same meaning as in the police officer inserted by Victoria Police Act 2013; No. 37/2014 s. 10(Sch. item 146.1). prescribed means prescribed by the regulations; principal object of road management means the principal object specified in section 20(1); S. 3(1) def. of provider of public transport includes— provider of public transport (a) a rail corporation, a train operator or a amended by tram operator under the Rail Nos 6/2010 s. 203(1) Management Act 1996; or (Sch. 6 item 41.1(a)) (b) a person providing a regular passenger (as amended service within the meaning of the Bus by No. 45/2010 s. 22), Services Act 1995 under the authority 13/2009 s. 86. of a service contract within the meaning of that Act; S. 3(1) def. of public authority means a person or body public authority (including a trust) established by or under an inserted by Act for a public purpose other than a road No. 41/2020 s. 9(2). 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; Authorised by the Chief Parliamentary Counsel 10 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary * * * * * S. 3(1) def. of Public Transport Development Authority inserted by No. 61/2011 s. 25(Sch. 1 item 10.1), repealed by No. 49/2019 s. 183(Sch. 3 item 2). 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— S. 3(1) def. of relevant Minister (a) the Minister administering this Act, if inserted by the coordinating road authority is No. 17/2009 s. 13(1)(a), the Head, Transport for Victoria; amended by No. 49/2019 (b) the Minister administering the Local s. 183(Sch. 3 Government Act 1989, if the item 1(c)). 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; Authorised by the Chief Parliamentary Counsel 11 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary (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, the Minister 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; S. 3(1) def. of * * * * * relevant road Minister amended by No. 74/2006 s. 29, repealed by No. 17/2009 s. 13(1)(b). S. 3(1) def. of relevant State body means a public authority relevant State body specified under section 3A; inserted by No. 41/2020 s. 9(2). 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— Authorised by the Chief Parliamentary Counsel 12 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary (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— S. 3(1) def. of road infrastructure (a) the infrastructure which forms part of a amended by roadway, pathway or shoulder, Nos 81/2006 s. 51(a)(b), including— 41/2020 s. 9(1)(c). (i) structures forming part of the roadway, pathway or shoulder; Authorised by the Chief Parliamentary Counsel 13 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary (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. S. 3(1) def. of road management function means a function, road management power or duty conferred or imposed on— function amended by (a) a road authority by or under— Nos 17/2009 s. 12(1)(b), (i) this Act; 69/2007 s. 71, 6/2010 (ii) the Road Safety Act 1986; s. 203(1) (Sch. 6 item 41.1(b)(c)) (as (iii) the provisions of the Local amended by Government Act 1989 referred to No. 45/2010 s. 22), 22/2013 in section 5(2); s. 66, 41/2019 s. 117(Sch. 1 (iv) the Transport (Compliance and item 11.1). Miscellaneous) Act 1983; (iva) the Transport Integration Act 2010; Authorised by the Chief Parliamentary Counsel 14 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary (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 S. 3(1) def. of road-related which is constructed or installed by or on infrastructure behalf of a road authority, the State or a amended by Nos 81/2006 relevant State body for road-related purposes s. 51(c), to— 74/2007 s. 74, 41/2020 s. 9(1)(d). (a) facilitate the operation or use of the roadway or pathway; or (b) support or protect the roadway or pathway; Examples Examples to s. 3(1) def. of A traffic control sign, traffic light, street light, road road-related drain or embankment would be road-related infrastructure amended by infrastructure. No. 41/2020 s. 9(1)(e). 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; Authorised by the Chief Parliamentary Counsel 15 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary 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. S. 3(1) def. of roadway means— roadway amended by No. 41/2020 (a) in the case of a public road, the area of s. 9(1)(f). 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; S. 3(1) def. of Secretary means Secretary to the Department of Secretary inserted by Transport; No. 49/2019 s. 183(Sch. 3 item 1(a)). 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; Authorised by the Chief Parliamentary Counsel 16 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary specified bicycle road means a road or part of a S. 3(1) def. of road which is specified under section 42A to specified bicycle road be a specified bicycle road; inserted by No. 17/2009 s. 14(2). specified bus road means a road or part of a road S. 3(1) def. of specified bus which is specified under section 42A to be a road specified bus road; inserted by No. 17/2009 s. 14(2). specified freight road means a road or part of a S. 3(1) def. of specified road which is specified under section 42A to freight road be a specified freight road; inserted by No. 17/2009 s. 14(2). specified pedestrian road means a road or part of S. 3(1) def. of specified a road which is specified under section 42A pedestrian to be a specified pedestrian road; road inserted by No. 17/2009 s. 14(2). specified road means a road or part of a road S. 3(1) def. of specified road which is specified under section 42A to be a inserted by specified road in respect of which a mode of No. 17/2009 s. 14(2). transport is to have priority; specified tram road means a road or part of a road S. 3(1) def. of specified tram which is specified under section 42A to be a road specified tram road; inserted by No. 17/2009 s. 14(2). 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; Authorised by the Chief Parliamentary Counsel 17 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary S. 3(1) def. of State road authority means a road authority other State road than a municipal council, the Extension authority amended by corporation, the Link corporation, EastLink Nos 39/2004 Corporation, the Peninsula Link Freeway s. 262(2), 95/2005 Corporation, West Gate Tunnel Corporation s. 13(1)(c), or North East Link State Tolling 70/2012 s. 3(2), 8/2019 Corporation; s. 130(1), 18/2020 s. 141(a). the Agreement has the same meaning as it has in section 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— Authorised by the Chief Parliamentary Counsel 18 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary (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; * * * * * S. 3(1) def. of Utilities' Infrastructure Reference Panel repealed by No. 17/2009 s. 11(1)(b). utility means— S. 3(1) def. of utility amended by (a) an entity (whether publicly or privately Nos 61/2005 owned) which provides, or intends to s. 221(1), 17/2009 provide, water, sewerage, drainage, gas, s. 12(1)(c). 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; * * * * * * * * * * S. 3(1) def. of VicRoads amended by No. 6/2010 s. 203(1) (Sch. 6 item 41.1(d)) (as amended by No. 45/2010 s. 22), repealed by No. 49/2019 s. 183(Sch. 3 item 1(d)). Authorised by the Chief Parliamentary Counsel 19 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary S. 3(1) def. of West Gate Tunnel Agreement has the same West Gate meaning as it has in section 3 of the West Tunnel Agreement Gate Tunnel (Truck Bans and Traffic inserted by Management) Act 2019; No. 8/2019 s. 130(2). S. 3(1) def. of West Gate Tunnel Corporation has the same West Gate Tunnel meaning as it has in section 3 of the West Corporation Gate Tunnel (Truck Bans and Traffic inserted by No. 8/2019 Management) Act 2019; s. 130(2). S. 3(1) def. of West Gate Tunnel operator has the same meaning West Gate Tunnel as it has in section 3 of the West Gate operator Tunnel (Truck Bans and Traffic inserted by No. 8/2019 Management) Act 2019; s. 130(2). S. 3(1) def. of West Gate Tunnel tollway has the same meaning West Gate Tunnel as it has in section 3 of the West Gate tollway Tunnel (Truck Bans and Traffic inserted by No. 8/2019 Management) Act 2019; s. 130(2). 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; Authorised by the Chief Parliamentary Counsel 20 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary (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 S. 3(3A) inserted by Practice to the relevant road Minister is to be No. 17/2009 construed as a reference to the relevant Minister. s. 13(2). Authorised by the Chief Parliamentary Counsel 21 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary (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. S. 3(5) (5) A reference to an infrastructure manager in inserted by No. 17/2009 section 5, 48, 48A, 64, 101, 104 or 110 s. 10(2), or Schedule 7, or any regulations made under amended by Nos 61/2011 this Act or a Code of Practice in relation to any s. 25(Sch. 1 non-road infrastructure does not include a item 10.2(a)), 49/2019 reference to the Head, Transport for Victoria or s. 183(Sch. 3 Victorian Rail Track unless the Head, Transport item 3). 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 S. 3(5)(c) (c) is not a party to a contract with another amended by No. 61/2011 infrastructure manager under which s. 25(Sch. 1 responsibility for those matters is accepted item 10.2(b)). by that infrastructure manager. S. 3A 3A Specification of public authority as a relevant State inserted by No. 41/2020 body s. 10. 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.

4 Object of Act S. 4(1) (1) The primary object of this Act is to establish a amended by No. 6/2010 coordinated management system that will promote s. 24(5)(Sch. 1 a road network at State and local levels that item 14.1) (as amended by operates as part of an integrated and sustainable No. 45/2010 transport system consistent with the transport s. 5). system objectives under the Transport Authorised by the Chief Parliamentary Counsel 22 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary 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 S. 4(2)(ca) inserted by different modes of transport on specified No. 17/2009 roads; s. 14(3). (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 S. 4(2)(d)(ii) amended by provision of utility and public transport No. 17/2009 services; s. 12(2). (iii) minimise interference with other S. 4(2)(d)(iii) amended by infrastructure and the provision of No. 17/2009 utility and public transport services; s. 12(2). (e) provides for the keeping of registers of public roads which register those roads which must be constructed, maintained and managed by road authorities; Authorised by the Chief Parliamentary Counsel 23 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary S. 4(2)(ea) (ea) provides for the keeping of a register of inserted by specified roads and the transport modes that No. 17/2009 s. 14(4). 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. Authorised by the Chief Parliamentary Counsel 24 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary

5 Interpretation 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 S. 5(2) amended by provisions of Division 1 of Part 2 of the Local Nos 81/2006 Government Act 2020 and Division 2 of Part 9 s. 52(1), 9/2020 and Schedules 10 and 11 of the Local s. 390(Sch. 1 Government Act 1989 apply and are to be item 87.1). 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 S. 5(3) amended by Victoria, the provisions of the Transport No. 6/2010 Integration Act 2010 and the Transport s. 203(1) (Sch. 6 (Compliance and Miscellaneous) Act 1983 item 41.2) (as relating to the Head, Transport for Victoria are to amended by Nos 45/2010 be construed as being in addition to and not in s. 22), 49/2019 derogation from the provisions of this Act. s. 183(Sch. 3 item 4). (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. Authorised by the Chief Parliamentary Counsel 25 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary 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. S. 5(8A) (8A) This Act is subject to the EastLink Project inserted by No. 39/2004 Act 2004 and the EastLink Agreement. s. 263, amended by No. 95/2005 s. 13(2)(a)(b). Authorised by the Chief Parliamentary Counsel 26 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary (8B) The EastLink Corporation must not exercise any S. 5(8B) power or carry out any duty under this Act in a inserted by No. 39/2004 manner that is not consistent with the EastLink s. 263, Project Act 2004 or the EastLink Agreement. amended by No. 95/2005 s. 13(2)(a)–(c). (8C) The Peninsula Link Freeway Corporation must S. 5(8C) inserted by not exercise any power or carry out any duty No. 70/2012 under this Act in a manner that is not consistent s. 4. with the Peninsula Link Project Deed. (8D) This Act is subject to the West Gate Tunnel S. 5(8D) inserted by (Truck Bans and Traffic Management) No. 8/2019 Act 2019 and the West Gate Tunnel Agreement. s. 131. (8E) The West Gate Tunnel Corporation and the West S. 5(8E) inserted by Gate Tunnel operator or their delegates must not No. 8/2019 exercise any power or carry out any duty under s. 131. 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 S. 5(8F) inserted by Act 2020 and any North East Link operation and No. 18/2020 maintenance agreement under which a person is s. 142. designated as the North East Link operator. (8G) The North East Link State Tolling Corporation S. 5(8G) inserted by and a North East Link operator or their delegates No. 18/2020 must not exercise any power or carry out any duty s. 142. 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 S. 5(9) amended by and interests otherwise than in accordance with No. 81/2006 the Native Title Act 1993 of the Commonwealth. s. 63. Authorised by the Chief Parliamentary Counsel 27 Road Management Act 2004 No. 12 of 2004 Part 1—Preliminary (10) This Act does not limit the operation of— S. 5(10)(a) * * * * * repealed by No. 6/2010 s. 203(1) (Sch. 6 item 41.3) (as amended by No. 45/2010 s. 22). S. 5(10)(b) (b) section 254B of the Transport amended by Nos 81/2006 (Compliance and Miscellaneous) Act 1983 s. 52(2), as proposed to be inserted in that Act by 6/2010 s. 203(1) section 4 of the Transport (Highway Rule) (Sch. 6 Act 2002. item 41.4) (as amended by No. 45/2010 s. 22). S. 5A 5A Transport Integration Act 2010 inserted by No. 6/2010 s. 24(5)(Sch. 1 This Act is transport legislation within the item 14.2) (as meaning of the Transport Integration Act 2010. amended by No. 45/2010 s. 5). S. 5B 5B Filming Approval Act 2014 inserted by No. 51/2014 s. 9(Sch. 2 This Act is filming approval legislation within the item 15.2). meaning of the Filming Approval Act 2014.

6 Crown 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. Authorised by the Chief Parliamentary Counsel 28 Road Management Act 2004 No. 12 of 2004 Part 2—Rights of road users Part 2—Rights of road users

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

8 Right 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.

9 Rights 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. Authorised by the Chief Parliamentary Counsel 29 Road Management Act 2004 No. 12 of 2004 Part 2—Rights of road users

10 Rights of the public in relation to a public highway The rights of the public whether under this Act or at 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. Authorised by the Chief Parliamentary Counsel 30 Road Management Act 2004 No. 12 of 2004 Part 3—The road system Part 3—The road system Division 1—Roads

11 Power 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. Authorised by the Chief Parliamentary Counsel 31 Road Management Act 2004 No. 12 of 2004 Part 3—The road system (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. S. 11(5) (5) If the Head, Transport for Victoria declares a road amended by No. 49/2019 under subsection (1), the Head, Transport for s. 183(Sch. 3 Victoria must also make a declaration under item 5). section 14(1)(a) or 14(1)(b). S. 11(6) (6) If a State road authority other than the Head, amended by No. 49/2019 Transport for Victoria declares a road under s. 183(Sch. 3 subsection (1), the road is a non-arterial State item 5). 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). S. 11(10) (10) Subject to subsection (10A), if a road authority— amended by Nos 28/2009 s. 55(1), (a) declares a road; or 30/2021 s. 29(1). (b) names or changes the name of a road; or (c) creates or discontinues a road— the road authority must inform the Secretary to the Department of Environment, Land, Water and Planning or a person nominated in a notice published in the Government Gazette for the purposes of this section by the Secretary to the Authorised by the Chief Parliamentary Counsel 32 Road Management Act 2004 No. 12 of 2004 Part 3—The road system Department of Environment, Land, Water and Planning. (10A) If a road is discontinued by the Head, Transport S. 11(10A) inserted by for Victoria under section 12 and the Head, No. 28/2009 Transport for Victoria is not the coordinating road s. 55(2), amended by authority for the road, the relevant coordinating Nos 49/2019 road authority must, on receiving notice from the s. 183(Sch. 3 item 5), 30/2021 Head, Transport for Victoria of the discontinuance s. 29(2). under section 12, inform the Secretary to the Department of Environment, Land, Water and Planning or a person nominated in a notice published in the Government Gazette for the purposes of this section by the Secretary to the Department of Environment, Land, Water and Planning. (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.

12 Discontinuance of roads (1) A road can be discontinued in accordance with this section. (2) The following persons may, by notice published S. 12(2) substituted by in the Government Gazette, discontinue a road or No. 28/2009 part of a road— s. 56(1). (a) the coordinating road authority for the road or part of the road; (b) if the Head, Transport for Victoria is not the S. 12(2)(b) amended by coordinating road authority for the road or No. 49/2019 part of the road, the Head, Transport for s. 183(Sch. 3 item 6). Victoria with the consent, in writing, of the relevant coordinating road authority. Authorised by the Chief Parliamentary Counsel 33 Road Management Act 2004 No. 12 of 2004 Part 3—The road system S. 12(3) (3) If a road is discontinued and the land is not Crown amended by land, the land vests in the discontinuing body. No. 28/2009 s. 56(2). S. 12(4) (4) Subject to subsection (11), the discontinuing body amended by No. 28/2009 must— s. 56(3). (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 S. 12(4)(b) (b) give a copy of the public notice to each amended by No. 28/2009 infrastructure manager which is responsible s. 56(3). for any infrastructure, of which the discontinuing body is aware, installed in, on, under or over the road. S. 12(5) (5) The discontinuing body must consider any written amended by No. 28/2009 submission which is received by the discontinuing s. 56(4). body within 28 days after the publication of the public notice under subsection (4). S. 12(6) (6) Any person who has made a written submission amended by No. 28/2009 to the discontinuing body and requested that s. 56(5). 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. S. 12(7) (7) The discontinuing body must— amended by No. 28/2009 s. 56(6). (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. Authorised by the Chief Parliamentary Counsel 34 Road Management Act 2004 No. 12 of 2004 Part 3—The road system (8) The discontinuing body must take into S. 12(8) consideration all the submissions made under this amended by No. 28/2009 section. s. 56(7). S. 12(9) (9) If subsection (4)(b) applies, the discontinuing amended by body must have regard to the works and No. 28/2009 s. 56(8). infrastructure management principles. (10) After the discontinuing body has made a decision, S. 12(10) amended by the discontinuing body must notify in writing— No. 28/2009 s. 56(9)(a). (a) every person who has lodged a separate submission; and (b) in the case of a submission lodged on behalf S. 12(10)(b) amended by of a number of persons, to the person No. 28/2009 specified in the submission as the person to s. 56(9)(b). whom notice is to be given; and (c) if the decision to discontinue is made by S. 12(10)(c) inserted by the Head, Transport for Victoria under a No. 28/2009 consent under subsection (2)(b), the s. 56(9)(c), amended by coordinating authority for the road— No. 49/2019 s. 183(Sch. 3 item 6). 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 S. 12(11)(b) amended by published in the Government Gazette which No. 17/2009 specifies the specific proposed s. 13(3)(a). discontinuance or which specifies a class of cases which includes the proposed discontinuance. (12) In this section, discontinuing body means— S. 12(12) inserted by No. 28/2009 (a) if a consent under subsection (2)(b) has not s. 56(10). been given, the relevant coordinating road authority for the road; or Authorised by the Chief Parliamentary Counsel 35 Road Management Act 2004 No. 12 of 2004 Part 3—The road system S. 12(12)(b) (b) if consent has been given under subsection amended by (2)(b), the Head, Transport for Victoria. No. 49/2019 s. 183(Sch. 3 item 6).

13 Power 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. S. 13(2) (2) Subsections (3) and (4) do not apply to the Head, amended by No. 49/2019 Transport for Victoria if the land affected by the s. 183(Sch. 3 fixing of the boundary is freehold land owned by item 7). the Head, Transport for Victoria. S. 13(3) (3) If the road is vested in the Crown, or a body amended by No. 5/2016 representing the Crown, a coordinating road s. 13. 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. S. 13(4) (4) In the case of any other road, a coordinating road amended by No. 5/2016 authority may only exercise this power after it has s. 13. 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. Authorised by the Chief Parliamentary Counsel 36 Road Management Act 2004 No. 12 of 2004 Part 3—The road system

14 Power of Head, Transport for Victoria to make S. 14 declarations in respect of roads (Heading) amended by No. 49/2019 s. 183(Sch. 3 item 8). (1) The Head, Transport for Victoria may by a notice S. 14(1) amended by published in the Government Gazette— No. 49/2019 s. 183(Sch. 3 (a) declare a road to be a freeway or an arterial item 9(a)). 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 S. 14(1)(c) substituted by section. No. 81/2006 s. 53. (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, S. 14(3) amended by Transport for Victoria must consider if the road— No. 49/2019 s. 183(Sch. 3 (a) provides a principal route for the movement item 9(b)). 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 Authorised by the Chief Parliamentary Counsel 37 Road Management Act 2004 No. 12 of 2004 Part 3—The road system (c) has State-wide economic or tourism significance; or (d) provides necessary connections between arterial roads. S. 14(4) (4) Subject to subsection (6), the Head, Transport for amended by No. 49/2019 Victoria must give a notice in accordance with s. 183(Sch. 3 subsection (5) to— item 9(b)). (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; S. 14(4)(c) (c) each infrastructure manager that has amended by No. 49/2019 infrastructure, of which the Head, Transport s. 183(Sch. 3 for Victoria is aware, installed in, on, under item 9(b)). or over the road. (5) The notice must— (a) specify details of the proposed declaration or revocation; and S. 14(5)(b) (b) allow at least 28 days after the day on which amended by No. 49/2019 the notice is given for the making of a s. 183(Sch. 3 submission to the Head, Transport for item 9(b)). Victoria on the proposed declaration or revocation. S. 14(6) (6) If the Head, Transport for Victoria proposes to amended by Nos 70/2013 make a declaration under this section in respect of s. 4(Sch. 2 a road on land reserved under the Crown Land item 43.1), 49/2019 (Reserves) Act 1978 or land administered under s. 183(Sch. 3 the Forests Act 1958 or the National Parks item 9(b)). Act 1975, the Head, Transport for Victoria must consult with the Secretary to the Department of Environment and Primary Industries. Authorised by the Chief Parliamentary Counsel 38 Road Management Act 2004 No. 12 of 2004 Part 3—The road system (7) If a municipal council or road authority is S. 14(7) aggrieved by the decision of the Head, Transport amended by No. 49/2019 for Victoria after the Head, Transport for Victoria s. 183(Sch. 3 has considered any submissions under subsection item 9(b)). (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 S. 14(8) amended by declaration made under this section— No. 49/2019 s. 183(Sch. 3 item 9(b)). (a) the Head, Transport for Victoria must— S. 14(8)(a) amended by No. 49/2019 (i) make a further declaration under s. 183(Sch. 3 subsection (1) in respect of the road; or item 9(b)). (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 S. 14(8)(b) amended by in the notice of revocation that the road No. 49/2019 ceases to be a public road; s. 183(Sch. 3 item 9(b)). (c) the Head, Transport for Victoria may specify S. 14(8)(c) amended by in the notice of revocation that the No. 49/2019 classification of the public road has been s. 183(Sch. 3 item 9(b)). 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. Authorised by the Chief Parliamentary Counsel 39 Road Management Act 2004 No. 12 of 2004 Part 3—The road system S. 15 15 Arrangements to transfer road management (Heading) functions substituted by No. 81/2006 s. 54(1). S. 15(1) (1) A road authority may enter into an arrangement substituted by No. 81/2006 with another road authority, a utility or a provider s. 54(2), of public transport to transfer a road management amended by No. 17/2009 function of the road authority that would s. 12(3). 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. S. 15(1A) (1A) A road authority may enter into an arrangement inserted by No. 81/2006 with a utility or a provider of public transport to s. 54(3), transfer a road management function of the utility amended by No. 17/2009 or the provider of public transport to the road s. 12(4). 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. S. 15(3) (3) While an arrangement is in force under this amended by No. 81/2006 section, the road management functions of each s. 54(4). party to the arrangement have effect subject to the arrangement. Example to Example s. 15(3) amended by Specified road management functions in respect of a section No. 49/2019 of a road or a particular piece of infrastructure may be s. 183(Sch. 3 item 10). 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. Authorised by the Chief Parliamentary Counsel 40 Road Management Act 2004 No. 12 of 2004 Part 3—The road system

16 Designated 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 Authorised by the Chief Parliamentary Counsel 41 Road Management Act 2004 No. 12 of 2004 Part 3—The road system (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

17 What 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 S. 17(1)(da) (da) declared under section 143 of the EastLink inserted by No. 39/2004 Project Act 2004; or s. 264(1), amended by No. 95/2005 s. 13(2)(b). Authorised by the Chief Parliamentary Counsel 42 Road Management Act 2004 No. 12 of 2004 Part 3—The road system (db) the Peninsula Link Freeway; or S. 17(1)(db) inserted by No. 70/2012 s. 5(1). (dc) the West Gate Tunnel tollway; or S. 17(1)(dc) inserted by No. 8/2019 s. 132. (dd) the North East Link road; or S. 17(1)(dd) inserted by No. 18/2020 s. 143. (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 S. 17(2) amended by public road specified in subsection (1)(a), (1)(b), Nos 39/2004 (1)(c), (1)(d), (1)(da), (1)(db), (1)(f) or (1)(g) must s. 264(2), 70/2012 register the public road on its register of public s. 5(2). 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. Authorised by the Chief Parliamentary Counsel 43 Road Management Act 2004 No. 12 of 2004 Part 3—The road system (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.

18 Ancillary 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; Authorised by the Chief Parliamentary Counsel 44 Road Management Act 2004 No. 12 of 2004 Part 3—The road system (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.

19 Register of public roads (1) A road authority must keep a register of public S. 19(1) amended by roads specifying the public roads in respect of No. 81/2006 which it is the coordinating road authority. s. 55(1). Note Note to s. 19(1) Section 17 establishes which roads are public roads. inserted by No. 81/2006 s. 55(2). (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— S. 19(4) substituted by No. 28/2009 (a) a public road or part of a public road is s. 57. 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 S. 19(4)(b) amended by discontinued under section 12 by the Head, No. 49/2019 Transport for Victoria (where the Head, s. 183(Sch. 3 item 11). 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 Authorised by the Chief Parliamentary Counsel 45 Road Management Act 2004 No. 12 of 2004 Part 3—The road system 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. S. 19(5A) (5A) It is sufficient for the purposes of subsection (5) if inserted by No. 70/2016 a copy of the register of public roads is published s. 3, on an Internet website maintained by the road amended by No. 49/2019 authority or, if the road authority is the Head, s. 183(Sch. 3 Transport for Victoria, by or on behalf of the item 12). Department. (6) Schedule 1 has effect. Authorised by the Chief Parliamentary Counsel 46 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads Part 4—Management of roads Division 1—Coordination of road management

20 Principal object and management principles (1) The principal object of road management is to S. 20(1) substituted by ensure that a network of roads is provided No. 6/2010 primarily for the movement of persons and goods s. 24(5)(Sch. 1 item 14.3) (as as part of an integrated transport system and that amended by road reserves are available for other appropriate No. 45/2010 s. 5). uses. (1A) In giving effect to the principal object of road S. 20(1A) inserted by management consistent with the transport system No. 17/2009 objectives under the Transport Integration s. 14(1), amended by Act 2010, the road network is to be managed to No. 6/2010 reflect the priorities of different modes of s. 24(5)(Sch. 1 item 14.4) (as transport having regard to the intended function amended by or functions of different parts of the road network. No. 45/2010 s. 5). (1B) Subject to subsection (1C), priority is to be given S. 20(1B) inserted by to the following modes of transport in respect of No. 17/2009 the specified roads for that mode of transport— s. 14(1). (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. Authorised by the Chief Parliamentary Counsel 47 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads S. 20(1C) (1C) Subsection (1B) has effect— inserted by No. 17/2009 (a) without limiting the generality of s. 14(1). 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; S. 20(2)(da) (da) the priority of different modes of transport inserted by No. 17/2009 on specified roads; s. 14(5). S. 20(2)(e) (e) the avoidance or minimisation of disruption amended by No. 17/2009 to the effective and efficient delivery of s. 12(5). 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. S. 21 21 Ministers may require information or advice amended by No. 17/2009 s. 13(3)(a). 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. Authorised by the Chief Parliamentary Counsel 48 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads

22 Power of Ministers to give directions (1) If the Minister or a relevant Minister considers it S. 22(1) amended by in the public interest to do so, the Minister or No. 17/2009 relevant Minister may, after complying with s. 13(3)(a). 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 S. 22(1)(ba) inserted by a road authority under any other Act where No. 6/2010 the performance of that function or the s. 24(5)(Sch. 1 item 14.5) (as exercise of that power is necessary to enable amended by the effective performance of a function or the No. 45/2010 s. 5). 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 S. 22(2) amended by making a direction give the road authority the No. 17/2009 opportunity to comment on the proposed s. 13(3)(a). 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. Authorised by the Chief Parliamentary Counsel 49 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (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.

23 Power 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. Authorised by the Chief Parliamentary Counsel 50 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (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).

24 Purposes 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; Authorised by the Chief Parliamentary Counsel 51 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads S. 24(3)(b) (b) which road authority is responsible for amended by road-related infrastructure. No. 41/2020 s. 13(1). (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.

25 What 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; Authorised by the Chief Parliamentary Counsel 52 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (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; Authorised by the Chief Parliamentary Counsel 53 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (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.

26 Power 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. Authorised by the Chief Parliamentary Counsel 54 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (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.

27 Codes 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 Authorised by the Chief Parliamentary Counsel 55 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads 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 of the standard or the performance or non-performance of the specific function was not unreasonable; (d) 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 inconsistent with a Code of Practice is admissible evidence that the making of the policy, adoption of the standard or the performance or non-performance of the specific function may be unreasonable; (e) evidence that the decision to give or withhold consent by a road authority, being a decision of a type to which section 25(2)(e) applies, conforms with a Code of Practice is admissible evidence that the decision is a reasonable decision; (f) evidence that the decision to give or withhold consent by a road authority, being a decision of a type to which section 25(2)(e) applies, does not conform with a Code of Practice is admissible evidence that the decision is not a reasonable decision; Authorised by the Chief Parliamentary Counsel 56 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (g) evidence that a condition imposed by a road authority, being a condition of a type to which section 25(2)(e) applies, or that a requirement to rectify works under clause 19 of Schedule 7, conforms with a Code of Practice is admissible evidence that the condition is a reasonable condition or that the requirement is a reasonable requirement; (h) evidence that a condition imposed by a road authority, being a condition of a type to which section 25(2)(e) applies, or that a requirement to rectify works under clause 19 of Schedule 7, does not conform with a Code of Practice is admissible evidence that the condition is not a reasonable condition or that the requirement is not a reasonable requirement. (3) If in relation to any matter arising in any proceedings to which this Act or section 99A of the Road Safety Act 1986 applies, a Code of Practice applies, adopts or incorporates by reference any relevant benchmarks, standards or technical references, the Code of Practice is admissible in the proceedings as evidence of greater weight than other expert or documentary evidence which may be led in the proceedings in relation to that matter.

28 Making of Codes of Practice (1) Subject to this section, the Minister may make a Code of Practice for a road authority or a class of road authorities specified in the Code of Practice. (2) Before the Minister makes a Code of Practice, the S. 28(2) amended by Minister must consult with the relevant Ministers. No. 17/2009 s. 13(3)(b). Authorised by the Chief Parliamentary Counsel 57 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads S. 28(3) (3) Before the Minister makes a Code of Practice amended by which includes any matter or thing relating to No. 17/2009 s. 11(2). utility infrastructure or related works, the Minister must consult with the relevant utility Ministers and with the Infrastructure Reference Panel. S. 28(3A) (3A) Before the Minister makes a Code of Practice inserted by No. 17/2009 which includes any matter or thing relating to s. 12(6). public transport infrastructure or related works, the Minister must consult with the Minister for Public Transport and with the Infrastructure Reference Panel. (4) Before the Minister makes a Code of Practice which is for all road authorities which are municipal councils, the Minister must consult with the Municipal Association of Victoria.

29 Availability of Codes of Practice (1) Upon the making of a Code of Practice, the Minister must cause— (a) a copy of the Code of Practice; and (b) a notice specifying— (i) the date of commencement of the Code of Practice; and (ii) the place where copies of the Code of Practice may be obtained— to be published in the Government Gazette. (2) There must be published with a notice under subsection (1) or a notice of an amendment under section 26(2), a notice stating that the Code of Practice, any incorporated document or any amendment to an incorporated document, as the case may be, may be inspected at the office of the road authority specified in the notice. Authorised by the Chief Parliamentary Counsel 58 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (3) A Code of Practice or a provision of a Code of Practice comes into operation at the beginning of the day specified in the notice under subsection (1) which must be a day that is later than the day on which the Government Gazette is published.

30 Tabling and disallowance (1) On or before the 6th sitting day after notice of the making of a Code of Practice is published in the Government Gazette, the Minister must ensure that a copy of the Code of Practice is laid before each House of the Parliament. (2) A failure to comply with subsection (1) does not affect the operation or effect of the Code of Practice but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of the Parliament. (3) A Code of Practice may be disallowed in whole or in part by either House of Parliament. (4) Part 5 of the Subordinate Legislation Act 1994 applies to a Code of Practice as if— (a) a reference in that Part to a "statutory rule" were a reference to the Code of Practice; and (b) a reference in section 23(1)(c) of that Part to "section 15(1)" were a reference to subsection (1). (5) A reference to a Code of Practice in this section includes a reference to any amendment to a Code of Practice. Authorised by the Chief Parliamentary Counsel 59 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads S. 31 31 Infrastructure Reference Panel (Heading) amended by No. 17/2009 s. 11(3). S. 31(1) (1) There is established a Infrastructure Reference amended by No. 17/2009 Panel. s. 11(3). S. 31(2) (2) The Infrastructure Reference Panel consists of amended by No. 17/2009 16 members appointed by the Minister of whom— s. 11(3)(4). S. 31(2)(a) (a) one is a nominee of the Minister amended by No. 6/2010 administering the Transport Integration s. 203(1) Act 2010; (Sch. 6 item 41.5(a)) (as amended by No. 45/2010 s. 22). S. 31(2)(b) (b) one is the person appointed under substituted by No. 49/2019 section 64AE of the Transport Integration s. 183(Sch. 3 Act 2010 as entity Head for the Head, item 13). Transport for Victoria, or a nominee of that person; (c) one is the President of the Municipal Association of Victoria or a nominee of the President of the Municipal Association of Victoria; S. 31(2)(d) (d) one is a person selected by the Minister amended by No. 6/2010 administering the Transport s. 203(1) (Compliance and Miscellaneous) Act 1983 (Sch. 6 item 41.5(b) as a representative of road users; (as amended by No. 45/2010 s. 22)). S. 31(2)(e) (e) one is a nominee of the Minister amended by No. 9/2020 administering the Local Government Act s. 390(Sch. 1 2020; item 87.2). Authorised by the Chief Parliamentary Counsel 60 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (f) one is a nominee of the Minister administering the Electricity Industry Act 2000; (g) one is a nominee of the Minister administering the Electricity Safety Act 1998; (h) one is a nominee of the Minister administering the Gas Industry Act 2001; (i) one is a nominee of the Minister administering the Gas Safety Act 1997; (j) one is a nominee of the Minister S. 31(2)(j) amended by administering the Pipelines Act 2005; No. 61/2005 s. 221(2). (ja) one is a nominee of the Minister S. 31(2)(ja) inserted by administering the Bus Services Act 1995; No. 17/2009 s. 11(5), amended by No. 50/2012 s. 30. (k) one is a nominee of the Minister S. 31(2)(k) amended by administering the Rail Management No. 6/2010 Act 1996; s. 203(1) (Sch. 6 item 41.5(c)) (as amended by No. 45/2010 s. 22). (l) one is a nominee of the Minister administering the Water Industry Act 1994; (m) one is a nominee of the Minister for Information and Communication Technology, in relation to any person or body providing a service under the authority of the Telecommunications Act 1997 of the Commonwealth; Authorised by the Chief Parliamentary Counsel 61 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads S. 31(2)(n) (n) one is the person who is the Department amended by Head of the Department of Environment and No. 70/2013 s. 4(Sch. 2 Primary Industries or his or her nominee; item 43.2). (o) one is the Chairperson of the Essential Services Commission established under the Essential Services Commission Act 2001 or his or her nominee. S. 31(3) (3) The person appointed under subsection (2)(a) is amended by No. 17/2009 the Chairperson of the Infrastructure Reference s. 11(3). Panel. (4) The Minister may determine— (a) the term of the appointment of a member, being the period not exceeding 2 years specified in the instrument of appointment; (b) any remuneration and travelling and other allowances payable to a member; (c) any other terms and conditions of appointment of the member. S. 31(5) (5) The Infrastructure Reference Panel may regulate amended by No. 17/2009 its own procedure. s. 11(3). S. 31(6) (6) The Infrastructure Reference Panel is deemed to inserted by No. 17/2009 be the same body as the Utilities' Infrastructure s. 11(6). Reference Panel was before the commencement of section 11 of the Transport Legislation Miscellaneous Amendments Act 2009. S. 31(7) (7) Any reference to the Utilities' Infrastructure inserted by No. 17/2009 Reference Panel in any Act or in any s. 11(6). proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period after the commencement of section 11 of the Transport Legislation Miscellaneous Authorised by the Chief Parliamentary Counsel 62 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads Amendments Act 2009 and if not inconsistent with the context or subject-matter, must be construed as a reference to the Infrastructure Reference Panel.

32 Functions of the Infrastructure Reference Panel S. 32 (Heading) amended by The functions of the Infrastructure Reference No. 17/2009 Panel are— s. 11(3). S. 32 amended by No. 17/2009 s. 11(3). (a) to provide advice to the Government of S. 32(a) amended by Victoria on the effective coordination of the No. 17/2009 use of road reserves by utilities and providers s. 12(7)(a). of public transport consistent with the principal object of road management; (b) to act as the vehicle for consultation with, S. 32(b) amended by and obtaining advice from, relevant No. 17/2009 stakeholders, including utilities, providers of s. 12(7)(b). public transport and community organisations, in relation to their use of road reserves; (c) to provide information and advice to the Minister in relation to the making of Codes of Practice dealing with matters under Schedule 7 and whether proposed Codes of Practice are consistent with the works and infrastructure management principles; (d) to provide information and advice to the Minister in relation to the making of regulations dealing with matters under Schedule 7 and whether proposed regulations are consistent with the works and infrastructure management principles; (e) to provide advice on any other matter S. 32(e) amended by referred to the Infrastructure Reference Panel No. 17/2009 by the Minister. s. 11(3). Authorised by the Chief Parliamentary Counsel 63 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads Division 2—General functions and powers of road authorities

33 Role of a road authority A road authority must in performing road management functions have regard to the principal object of road management and the works and infrastructure management principles.

34 General functions (1) A road authority has the following general functions— (a) to provide and maintain, as part of a network of roads, roads for use by the community served by the road authority; (b) to manage the use of roads having regard to the principle that the primary purpose of a road is to be used by members of the public and that other uses are to be managed in a manner which minimises any adverse effect on the safe and efficient operation of the road and on the environment; (c) to manage traffic on roads in a manner that enhances the safe and efficient operation of roads; S. 34(1)(ca) (ca) to design, construct, inspect, repair and inserted by No. 74/2007 maintain roads and road infrastructure; s. 76(a). S. 34(1)(d) (d) to coordinate the installation of infrastructure amended by No. 17/2009 on roads and the conduct of other works in s. 12(8). such a way as to minimise, as far as is reasonably practicable, adverse impacts on the provision of utility or public transport services; Authorised by the Chief Parliamentary Counsel 64 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (e) to undertake works and activities which S. 34(1)(e) promote the functions referred to in amended by No. 74/2007 paragraphs (a), (b), (c) and (ca) and to s. 76(b). undertake activities which promote the function in paragraph (d). (2) The general functions conferred on a road authority under subsection (1) are not to be construed as limiting any other functions conferred on a road authority by or under this Act or any other Act. (3) In seeking to achieve its functions, a road authority should— (a) consult with the community and disseminate information in relation to the exercise of those functions; (b) take steps as are reasonably practicable to ensure the structural integrity and safety of public roads in accordance with this Act.

35 Powers of a road authority (1) Subject to this Act, a road authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under this Act. (2) The generality of subsection (1) is not limited by the conferring of specific powers on a road authority by or under this Act or any other Act. (3) Schedules 1 to 7A do not limit the functions or S. 35(3) amended by powers conferred on a road authority by or under No. 74/2007 this Act or any other Act. s. 75. (4) If a road authority has specific powers under any other Act, this section— (a) is to be construed as being in addition to those powers; and Authorised by the Chief Parliamentary Counsel 65 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (b) is not to be construed as overriding any requirements, restrictions, limitations or conditions to which the specific powers are subject. Note If a road authority is a municipal council it has the powers specified in Division 2 of Part 9 and Schedules 1, 10 and 11 of the Local Government Act 1989. S. 35(5) (5) Despite subsection (4), if a road authority is inserted by No. 93/2009 prescribed for the purposes of section 37(2A) as s. 24. the responsible road authority for road-related infrastructure, or a class of road-related infrastructure, on a road, or a class of road, a function or power that would otherwise be a function or power of a municipal council in relation to that road-related infrastructure under this Act or any other Act is subject to those regulations.

36 Which road authority is the coordinating road authority? Subject to sections 15 and 16, the coordinating road authority is— S. 36(a) (a) if the road is a freeway or arterial road, amended by No. 49/2019 the Head, Transport for Victoria; s. 183(Sch. 3 item 14). (b) if the road is a non-arterial State road, the relevant responsible road authority under section 37(1)(c) or 37(1)(d); (c) if the road is a municipal road, the municipal council of the municipal district in which the road or part of the road is situated. Authorised by the Chief Parliamentary Counsel 66 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads

37 Which road authority is the responsible road authority? (1) Subject to sections 15 and 16 and subsections S. 37(1) amended by (1A), (1B), (1C), (1D), (1E), (1F) and (2), the Nos 39/2004 responsible road authority is— s. 265(1), 70/2012 s. 6(1), 8/2019 s. 133(1), 18/2020 s. 144(1). (a) if the road is a freeway, for the whole of the S. 37(1)(a) amended by road reserve, the Head, Transport for No. 49/2019 Victoria; s. 183(Sch. 3 item 15(a)). (b) if the road is an arterial road— (i) for the part of the roadway used by S. 37(1)(b)(i) amended by through traffic, the Head, Transport for No. 49/2019 Victoria; and s. 183(Sch. 3 item 15(a)). (ii) for any part of the roadway not used by through traffic, the municipal council of the municipal district in which that part is located; and (iii) for any service road, the municipal council of the municipal district in which the service road is located; and (iv) for the median strip between the roadway and the service road, the municipal council of the municipal district in which the median strip is located; and (v) for any pathway, other than a pathway on a freeway road reserve, the municipal council of the municipal district in which the pathway is located; and Authorised by the Chief Parliamentary Counsel 67 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (vi) for the roadside in an urban area, the municipal council of the municipal district in which the road is located; and S. 37(1)(b)(vii) (vii) for the roadside in an area that is not an amended by No. 49/2019 urban area, the Head, Transport for s. 183(Sch. 3 Victoria; and item 15(a)). (viii) which is not located in a municipal district, the person or body specified for the purposes of subparagraphs (ii) to (vi) by the Minister in a notice published in the Government Gazette; (c) if the road is a non-arterial State road, the person or body prescribed in respect of the non-arterial State road or in respect of a class of roads in which the non-arterial State road is included; or (d) if the road is a non-arterial State road and no person or body is prescribed in respect of the non-arterial State road— S. 37(1)(d)(i) (i) if the Head, Transport for Victoria amended by No. 49/2019 declares by a notice published in the s. 183(Sch. 3 Government Gazette that the Head, item 15(a)). Transport for Victoria is the responsible road authority in respect of the non-arterial State road, the Head, Transport for Victoria; or (ii) if the non-arterial State road is on land administered under the Crown Land (Reserves) Act 1978, the Forests Act 1958, the Land Act 1958, the National Parks Act 1975 or the Alpine Resorts (Management) Act 1997, the person or body specified in or in accordance with that Act in respect of the non-arterial State road; or Authorised by the Chief Parliamentary Counsel 68 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (iia) in the case of the land referred to in S. 37(1)(d)(iia) the Clause in Schedule 3 to the Water inserted by No. 85/2006 Act 1989, Melbourne Water s. 165. Corporation; or (iii) if subparagraphs (i), (ii) and (iia) do not S. 37(1)(d)(iii) amended by apply, the Crown; No. 55/2013 s. 26(1). (e) if the road is a municipal road, the municipal council of the municipal district in which the road or part of the road is situated; (f) if the area is an ancillary area of a road, the responsible road authority for the road of which the area is an ancillary area. (1A) The EastLink Corporation is the responsible road S. 37(1A) inserted by authority for EastLink. No. 39/2004 s. 265(2), amended by No. 95/2005 s. 13(2)(c)(d). (1B) The Peninsula Link Freeway Corporation is the S. 37(1B) inserted by responsible road authority for the Peninsula Link No. 70/2012 Freeway. s. 6(2). (1C) The Link corporation is the responsible road S. 37(1C) inserted by authority for the Link road. No. 8/2019 s. 133(2). (1D) The Extension corporation is the responsible road S. 37(1D) inserted by authority for the Extension road. No. 8/2019 s. 133(2). (1E) The West Gate Tunnel Corporation is the S. 37(1E) inserted by responsible road authority for the West Gate No. 8/2019 Tunnel tollway. s. 133(2). (1F) The North East Link State Tolling Corporation is S. 37(1F) inserted by the responsible road authority for the North East No. 18/2020 Link road. s. 144(2). Authorised by the Chief Parliamentary Counsel 69 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (2) In relation to road-related infrastructure on a road, the responsible road authority is— (a) subject to paragraph (b), the responsible road authority for the roadway or pathway to which the road-related infrastructure relates; or (b) if a road authority other than the responsible road authority specified in paragraph (a) has responsibility under any other Act for the road-related infrastructure, that road authority. Example to Example s. 37(2) amended by The Head, Transport for Victoria would be the responsible No. 49/2019 road authority for speed signs and traffic lights on an arterial s. 183(Sch. 3 item 15(b)). road even though the speed signs are located on a roadside for which the municipal council would be the responsible road authority. However, a municipal council would be the responsible road authority for a parking meter installed on the arterial road in the exercise of powers under the Local Government Act 1989. S. 37(2A) (2A) Despite subsection (2), the regulations may inserted by No. 93/2009 provide that a prescribed road authority is the s. 25. responsible road authority for prescribed road- related infrastructure, or a prescribed class of road-related infrastructure, on a prescribed road, or a prescribed class of road. (3) A Code of Practice may include guidelines relating to principles for ascertaining— (a) which road authority is responsible where parts of a road which are allocated to different road authorities abut; and (b) which matters are the responsibility of which road authority where different parts of a road are allocated to different road authorities and there are areas between those parts. Authorised by the Chief Parliamentary Counsel 70 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (4) A declaration for the purposes of subsection (1)(d)(i) may be included in the notice under which a declaration under section 11 or 14 is made.

38 Exercise of functions and powers (1) In exercising the functions and powers conferred on a road authority by or under this Act or any other Act, the road authority must have regard to— (a) the principal object of road management; (b) the works and infrastructure management principles; (c) the rights of road users; (d) the need to exercise the functions and powers within its overall policy and budgetary context; (e) policies and priorities in relation to transport, the environment and other matters determined by the Government of Victoria; (f) any relevant Code of Practice; (g) any other law affecting the management of roads; (h) any roadside management plan developed to protect flora and fauna; (i) any matters arising from consultation with S. 38(1)(i) amended by the community, utilities, providers of public No. 17/2009 transport and other stakeholders. s. 12(9). (2) Without limiting the generality of the principles specified in subsection (1), a road authority should— (a) determine policies and priorities for the construction and maintenance of roads after considering— Authorised by the Chief Parliamentary Counsel 71 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads S. 38(2)(a)(i) (i) the priorities and social and economic amended by needs of the community and of road No. 49/2019 s. 183(Sch. 3 users and the special needs of any item 16). sector of the community and, in the case of the Head, Transport for Victoria, also the needs of the national and State road networks; (ii) any relevant environmental, economic, social or financial policies or objectives determined by the Government of Victoria; (iii) the volume and nature of road usage; (b) manage its road network in cooperation with other road authorities, utilities, providers of public transport, government agencies, community organisations and the private sector; (c) seek to ensure— (i) the efficient and effective management and use of the road network and infrastructure to meet the needs of the community and road users; (ii) the most efficient use of the resources available for road management; (iii) that the public road network and infrastructure are as safe for users as is reasonably practicable; (d) in the case of a coordinating road authority, coordinate the development and use of the road reserve generally, including the carrying out of works and the installation of infrastructure on roads so as to— (i) ensure the safety of road users and the community; Authorised by the Chief Parliamentary Counsel 72 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (ii) minimise disruption and inconvenience to road users; (iii) protect the environment; (iv) protect the physical integrity of the road and infrastructure in the road reserve; (e) facilitate the appropriate use of the road S. 38(2)(e) amended by reserve for non-road infrastructure and the No. 17/2009 effective and efficient delivery of utility and s. 12(10). public transport services.

39 Road authority may make a policy or policy decision relating to road management functions (1) Without limiting the decision making processes of a road authority, a road authority may make a policy or policy decision relating to the performance of a road management function. (2) For the purposes of this Act, a decision made by a road authority is a policy decision if having regard to the broad range of activities of the road authority the decision is based substantially on factors or constraints which are financial, economic, political, social or environmental. (3) Without limiting the generality of subsection (2), a policy decision includes decisions about— (a) the circumstances in which a road management function is to be performed; (b) the manner in which a road management function is to be performed; (c) the standard to be achieved in performing a road management function. (4) A road authority is to be taken to have made a policy or policy decision relating to a road management function if the road authority has made a road management plan that includes Authorised by the Chief Parliamentary Counsel 73 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads provisions relating to the performance of that road management function. (5) For the purposes of any proceedings, unless a policy or policy decision made by a road authority is so unreasonable that no road authority in that road authority's position acting reasonably could have made that policy or policy decision, any decision or standard which is a policy or policy decision relating to the exercise of a road management function by the road authority is to be taken to satisfy the statutory duty and any common law duty of the road authority in relation to the exercise of that road management function. Note Section 27 enables a relevant Code of Practice to be used as evidence of the reasonableness of a road management plan. S. 39(6) (6) For the avoidance of doubt, the power of a road amended by No. 17/2009 authority to make a policy or policy decision is s. 13(3)(a). subject to any direction given to the road authority by the relevant Minister in accordance with section 22. Division 3—Specific powers and duties of road authorities

40 Statutory duty to inspect, maintain and repair public roads (1) Subject to Part 6, a road authority has a statutory duty to inspect, maintain and repair a public road— (a) to the standard specified in the road management plan for that public road or a specified class of public roads which includes that public road; or (b) if paragraph (a) does not apply, to the standard specified in a policy in respect of that public road; or Authorised by the Chief Parliamentary Counsel 74 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (c) if no standard is specified for that public S. 40(1)(c) road or in relation to a particular matter, to a amended by No. 39/2004 reasonable level having regard to the matters s. 266. specified in paragraphs (a) to (e) of section 101(1). Note Section 101 sets out principles for determining whether there is a duty of care and if there is a duty of care, the standard of care. (2) The statutory duty imposed by subsection (1) does not create a duty to upgrade a road or to maintain a road to a higher standard than the standard to which the road is constructed. (3) The statutory duty to inspect applies to any part of a public road which is— (a) a roadway; (b) a pathway; (c) a shoulder; (d) road infrastructure. (4) The statutory duty to inspect does not apply to— (a) a road which is not a public road; or (b) any roadside or other area of a public road S. 40(4)(b) amended by that has not been developed by or on behalf No. 41/2020 of a road authority, the State or a relevant s. 11. State body for use by the public as a roadway or pathway; or (c) non-road infrastructure which is installed in the road reserve. (5) A road authority has a discretionary power to inspect, maintain or repair a road which is not a public road but this Act is not to be construed as imposing a duty to do so. Authorised by the Chief Parliamentary Counsel 75 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads Example to Example s. 40(5) A road authority has a duty to maintain its roadways and amended by Nos 17/2009 pathways on a public road for use by vehicles and s. 12(11), pedestrians. However, a road authority is not under a duty 41/2020 to maintain roadside bushland for public use and is not s. 13(2). responsible for maintaining non road-related infrastructure such as poles, cables and pipes which are the responsibility of the relevant utility, provider of public transport or infrastructure manager. Notes 1. A road authority may have a duty under other Acts in relation to the management of land in the road reserve. See also section 5(6). 2. See clause 6 of Schedule 7 as to the maintenance of non-road infrastructure.

41 Power to determine standard of construction, inspection, maintenance and repair S. 41(1) (1) The relevant road authority may determine the amended by No. 41/2020 standard to which the relevant road authority will s. 13(3). construct, inspect, maintain and repair roadways, pathways, road infrastructure and road-related infrastructure. (2) Without limiting the generality of this section, the relevant road authority may determine— S. 41(2)(a) (a) in relation to construction, the nature of the amended by No. 41/2020 construction of any roadway, pathway, road s. 13(3). infrastructure or road-related infrastructure; (b) in relation to inspection, the inspection of specified matters at specified intervals; (c) in relation to maintenance— (i) the maintenance programs; (ii) the maintenance work to be performed in the course of regular maintenance; (iii) the standard to which the maintenance is to be performed; Authorised by the Chief Parliamentary Counsel 76 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (d) in relation to the repair of defects reported or found on inspection— (i) the matters which are to be treated as defects which require repair or a warning; (ii) the circumstances in which intervention action is to be taken with respect to repair needs for defects; (iii) the type of intervention action to be taken; (iv) the period of time within which the intervention action is to be taken; (v) the priority to be given to the intervention action. (3) For the purposes of subsection (2), intervention action includes any action to conduct repairs, erect warning signs or reduce or remove a risk. (4) In determining standards under this section, a relevant road authority must have regard to— (a) the principal object of road management; and (b) the works and infrastructure management principles; and (c) any relevant direction made under section 22; and (d) any relevant Code of Practice; and (e) any relevant policy or policy decision under section 39. Examples The relevant road authority may determine that a road is to be constructed— • with an unmade roadway or a sealed roadway; • if sealed, with a seal of a particular thickness or quality; Authorised by the Chief Parliamentary Counsel 77 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads • with sealed shoulders or unsealed shoulders; • with kerbs or drains or without kerbs and drains; • with or without pathways for pedestrians or cyclists. The relevant road authority may determine for the purposes of its duty to maintain public roads that— • a particular class of roadway is to be inspected for potholes at specified intervals; • footpaths are to be inspected for cracks at specified intervals; • a defect such as a crack in a footpath is to be repaired if it reaches a particular size; • a schedule be developed of priorities and targets for intervention action having regard to the relative risks of defects of various kinds and in various locations. Note Codes of Practice under this Act may give practical guidance about the exercise of these powers. (5) A standard determined under this section may be determined— (a) as a policy or policy decision under section 39; (b) in a road management plan.

42 Declaration of a public road as a controlled access road S. 42(1) (1) A coordinating road authority may by notice amended by No. 55/2013 published in the Government Gazette declare— s. 26(2). (a) a part or all of a public road for which it is responsible to be a controlled access road; or (b) a part or all of a class of public road for which it is responsible to be controlled access roads. Authorised by the Chief Parliamentary Counsel 78 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (2) A coordinating road authority may by notice S. 42(2) published in the Government Gazette amend or amended by No. 55/2013 revoke a declaration under subsection (1). s. 26(2). (3) Schedule 2 has effect.

42A Specified roads S. 42A inserted by No. 17/2009 s. 15. (1) The Head, Transport for Victoria must keep a S. 42A(1) amended by register of specified roads under this section No. 49/2019 specifying the mode of transport which is, or the s. 183(Sch. 3 item 17(a)). modes of transport which are, to have priority in respect of each specified road. (2) Subject to subsection (3), a road or part of a road S. 42A(2) amended by may be specified to be a specified road— No. 61/2011 s. 25(Sch. 1 (a) in the case of a specified tram road, jointly item 10.3), substituted by by the Minister and the Minister for Public No. 3/2017 Transport after consultation with the Head, s. 50(Sch. 1 item 8.1). Transport for Victoria; (b) in the case of a specified bus road, jointly by the Minister and the Minister for Public Transport after consultation with the Head, Transport for Victoria; (c) in the case of a specified bicycle road, by the Minister after consultation with the Head, Transport for Victoria; (d) in the case of a specified pedestrian road, by the Minister after consultation with the Head, Transport for Victoria; (e) in the case of a specified freight road, by the Minister after consultation with the Head, Transport for Victoria; Authorised by the Chief Parliamentary Counsel 79 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (f) in the case of a specified road in respect of any other mode of transport, by the Minister after consultation with the Head, Transport for Victoria. (3) If a road or part of a road is a municipal road, there must also be consultation with the Minister for Local Government and the municipal council which is the coordinating road authority before the road or part of the road can be specified to be a specified road. (4) If a road or part of a road which is to be a specified freight road is a municipal road, the Minister must obtain the approval of the municipal council which is the coordinating road authority before the road or part of the road can be specified to be a specified freight road. S. 42A(5) (5) The Head, Transport for Victoria must publish a amended by No. 49/2019 notice in the Government Gazette— s. 183(Sch. 3 item 17(a)). (a) identifying the road or part of the road which is specified to be a specified road, whether by naming the road or part of the road or showing the road or part of the road on a plan or map; (b) stating the mode of transport or the modes of transport specified as having priority in respect of that specified road; (c) stating the date from which the specification of the road or part of the road as a specified road is to take effect. S. 42A(6) (6) The Head, Transport for Victoria must ensure that amended by No. 49/2019 the register of specified roads is available for s. 183(Sch. 3 inspection by members of the public— item 17(a)). (a) free of charge; (b) during normal business hours; Authorised by the Chief Parliamentary Counsel 80 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (c) at the place or places determined by the S. 42A(6)(c) Head, Transport for Victoria. amended by No. 49/2019 s. 183(Sch. 3 item 17(b)). (7) It is sufficient for the purposes of subsection (6), S. 42A(7) amended by if a copy of the register of specified roads is Nos 50/2012 published on an Internet website maintained by or s. 31, 49/2019 s. 183(Sch. 3 on behalf of the Department. item 17(c)). * * * * * S. 42A(8) inserted by No. 3/2017 s. 50(Sch. 1 item 8.2). repealed by No. 49/2019 s. 183(Sch. 3 item 18).

43 Specific road construction, repair and maintenance powers of State road authorities (1) Without limiting any other powers of a State road authority, the powers include the specific road construction, repair and maintenance powers set out in Schedule 3. (2) Schedule 3 has effect.

44 Specific traffic management powers of State road authorities (1) Subject to the Road Safety Act 1986 and any regulations made under that Act, but without limiting any other powers of a State road authority, the powers include the specific traffic management powers set out in Schedule 4. (2) Schedule 4 has effect. Authorised by the Chief Parliamentary Counsel 81 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads Example to Example s. 44(2) A State road authority, other than the Head, Transport for amended by Nos 55/2013 Victoria, must obtain the consent of the Head, Transport for s. 26(3), Victoria before exercising a power under Schedule 4 which 49/2019 if exercised under a regulation made under the Road Safety s. 183(Sch. 3 Act 1986 in respect of a major traffic control device would item 19). require the consent of the Head, Transport for Victoria.

45 Specific road property provisions, powers and duties (1) Without limiting any other powers or duties of a State road authority, the powers and duties include the specific road property powers and duties set out in Schedule 5. (2) Schedule 5 has effect. S. 45A 45A Provisions relating to the M1 Redevelopment inserted by No. 81/2006 Project s. 64. S. 45A(1) (1) Without limiting any other powers or duties of the amended by No. 49/2019 Head, Transport for Victoria under this Act, the s. 183(Sch. 3 powers and duties of the Head, Transport for item 20). Victoria include the specific powers and duties set out in Schedule 5A. (2) Schedule 5A has effect.

46 Specific protection of roads and adjoining land powers of State road authorities (1) Without limiting any other powers of a State road authority, the powers include the specific powers with respect to protection of roads and adjoining land set out in Schedule 6. (2) Schedule 6 has effect. Authorised by the Chief Parliamentary Counsel 82 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads

46A Specific duties and powers in relation to street S. 46A lighting inserted by No. 74/2007 Schedule 7A has effect. s. 77. Note However, see section 35, which provides that Schedules 1 to 7A do not affect the functions and powers conferred upon a road authority by this Act or any other Act. Also see section 15, which provides that a road authority may enter into an arrangement to transfer a road management function, and section 121, which provides that a road authority may enter into an agreement to conduct additional works. Division 4—Infrastructure and works on roads

47 Purpose of Division The purpose of this Division is to give effect to the works and infrastructure management principles.

48 Specific duties and powers in relation to infrastructure and works on roads (1) Without affecting any other duties, an infrastructure manager or works manager has the duties set out in Part 1 of Schedule 7. (2) The duties set out in Part 1 of Schedule 7 apply to a person who is responsible for a non-road activity to which section 99B of the Road Safety Act 1986 applies in relation to the use of the road for the event as if the person were a works manager. (3) Without limiting any other powers of a coordinating road authority, a coordinating road authority has the powers set out in Part 2 of Schedule 7. Authorised by the Chief Parliamentary Counsel 83 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (4) A relevant responsible road authority must comply with the requirements of the coordinating road authority made in the exercise of the powers set out in Part 2 of Schedule 7. (5) Schedule 7 has effect. Pt 4 Div. 4A (Heading and ss 48A–48G) Division 4A—Safety duties in relation to works inserted by on or near rail infrastructure No. 9/2006 s. 160. S. 48A 48A Definitions inserted by No. 9/2006 s. 160, In this Division— amended by No. 17/2009 s. 16, substituted by No. 22/2013 s. 67. S. 48A def. of rail infrastructure has the same meaning as in rail infrastructure section 4(1) of the Rail Safety National Law substituted by (Victoria); No. 41/2019 s. 117(Sch. 1 item 11.2(a)). S. 48A def. of rail transport operator has the same meaning as rail transport operator in section 4(1) of the Rail Safety National substituted by Law (Victoria); No. 41/2019 s. 117(Sch. 1 item 11.2(b)). S. 48A def. of railway operations has the same meaning as in railway operations section 4(1) of the Rail Safety National Law substituted by (Victoria); No. 41/2019 s. 117(Sch. 1 item 11.2(c)). Authorised by the Chief Parliamentary Counsel 84 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads rolling stock has the same meaning as in S. 48A def. of section 4(1) of the Rail Safety National Law rolling stock substituted by (Victoria); No. 41/2019 s. 117(Sch. 1 works contractor means a person engaged directly item 11.2(d)). or indirectly by a responsible road authority or an infrastructure manager or works manager to carry out works on behalf of the responsible road authority or infrastructure manager or works manager, and includes a sub-contractor.

48B Duty of responsible road authority, infrastructure S. 48B inserted by manager or works manager in relation to works on No. 9/2006 or in immediate vicinity of rail infrastructure or s. 160, substituted by rolling stock No. 17/2009 s. 17, (1) A responsible road authority or an infrastructure amended by No. 41/2019 manager or works manager must, when exercising s. 117(Sch. 1 a power or performing a duty under this Act on or item 11.4) (ILA s. 39B(1)). in the immediate vicinity of rail infrastructure or rolling stock, ensure, so far as is reasonably practicable, that he, she or it exercises the power or performs the duty safely. Penalty: In the case of a natural person, 1800 penalty units; In the case of a body corporate, 9000 penalty units. (2) Nothing in subsection (1) is to be construed as— S. 48B(2) inserted by No. 41/2019 (a) conferring a right of action in a civil s. 117(Sch. 1 proceeding in respect of a contravention of item 11.4). that subsection; or (b) conferring a defence to an action in a civil proceeding or otherwise affecting a right of action in a civil proceeding. Authorised by the Chief Parliamentary Counsel 85 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads Note to s. 48B Note inserted by See also Subdivision 2 of Division 6 of Part 3 of the Rail Safety No. 19/2010 s. 44, National Law (Victoria). amended by Nos 22/2013 s. 68, 41/2019 s. 117(Sch. 1 item 11.3). S. 48C * * * * * inserted by No. 9/2006 s. 160, repealed by No. 17/2009 s. 17. S. 48D 48D Works contractor duty in relation to works on or in inserted by No. 9/2006 immediate vicinity of rail infrastructure or rolling s. 160, stock amended by No. 41/2019 s. 117(Sch. 1 (1) A works contractor must, when carrying out item 11.5) (ILA works on or in the immediate vicinity of rail s. 39B(1)). infrastructure or rolling stock, ensure, so far as is reasonably practicable, that he, she or it carries out the works safely. Penalty: In the case of a natural person, 1800 penalty units; In the case of a body corporate, 9000 penalty units. S. 48D(2) (2) Nothing in subsection (1) is to be construed as— inserted by No. 41/2017 s. 117(Sch. 1 (a) conferring a right of action in a civil item 11.5). proceeding in respect of a contravention of that subsection; or (b) conferring a defence to an action in a civil proceeding or otherwise affecting a right of action in a civil proceeding. Authorised by the Chief Parliamentary Counsel 86 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads

48DA Only one offence committed S. 48DA inserted by If both sections 48B and 48D apply to a person in No. 17/2009 respect of a failure to exercise a power or perform s. 18. a duty safely, the person can only be convicted of an offence under one of those sections in respect of that failure.

48DB Duty of rail transport operator in relation to works S. 48DB (Heading) on or in immediate vicinity of road infrastructure amended by No. 22/2013 A rail transport operator must, when exercising a s. 69(1). power or performing a duty under this Act on or S. 48DB inserted by in the immediate vicinity of road infrastructure, No. 17/2009 ensure, so far as is reasonably practicable, that he, s. 18, amended by she or it exercises the power or performs the duty No. 22/2013 safely. s. 69(2). Penalty: In the case of a natural person, 1800 penalty units; In the case of a body corporate, 9000 penalty units. Note Note to s. 48DB See also Subdivision 2 of Division 6 of Part 3 of the Rail Safety inserted by National Law (Victoria). No. 19/2010 s. 45, amended by Nos 22/2013 s. 69(3), 41/2019 s. 117(Sch. 1 item 11.6).

48DC Exercising a power or performing a duty safely S. 48DC inserted by No. 17/2009 (1) To avoid doubt, a duty imposed on a person under s. 18. this Division to ensure, so far as is reasonably practicable, that a power is exercised, or a duty is performed, safely requires the person to— (a) eliminate risks to safety so far as is reasonably practicable; and Authorised by the Chief Parliamentary Counsel 87 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (b) if it is not reasonably practicable to eliminate risks to safety, to reduce those risks so far as is reasonably practicable. (2) To avoid doubt, for the purposes of this Division, regard must be had to the following matters in determining what is (or was at a particular time) reasonably practicable in relation to ensuring that a power is exercised, or a duty is performed, safely— (a) the likelihood of the hazard or risk concerned eventuating; (b) the degree of harm that would result if the hazard or risk eventuated; (c) what the person concerned knows, or ought reasonably to know, about the hazard or risk and any ways of eliminating or reducing the hazard or risk; (d) the availability and suitability of ways to eliminate or reduce the hazard or risk; (e) the cost of eliminating or reducing the hazard or risk. S. 48E 48E Only one offence committed inserted by No. 9/2006 s. 160, If more than of one of sections 48EA, 48EB, substituted by 48EC and 48F apply to a person in respect of a No. 17/2009 s. 19. failure to give the required notification, the person can only be convicted of an offence under one of those sections in respect of that failure. Authorised by the Chief Parliamentary Counsel 88 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads

48EA Notification by responsible road authority, S. 48EA infrastructure manager or works manager inserted by No. 17/2009 s. 19, amended by No. 17/2009 s. 20(1) (ILA s. 39B(1)). (1) A responsible road authority or an infrastructure S. 48EA(1) amended by manager or works manager must, before No. 17/2009 exercising a power or performing a duty under s. 21. this Act on or in the immediate vicinity of rail infrastructure or rolling stock, notify the owner or occupier of the land on which the rail infrastructure or rolling stock is located and any relevant provider of public transport of the intended exercise of the power or the performance of the duty if the exercise of the power or performance of the duty will threaten, or is likely to threaten, the safety of the rail infrastructure or rolling stock. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. (2) Notification under this section must be given— S. 48EA(2) inserted by No. 17/2009 (a) in writing; and s. 20(1). (b) unless subsection (3) applies, at least 28 days before the proposed exercise of the power or the performance of the duty. (3) If the proposed exercise of the power or the S. 48EA(3) inserted by performance of the duty is due to the existence of No. 17/2009 an emergency or the requirement to carry out s. 20(1). urgent works, the period of notice should be as much as is reasonably practicable in the circumstances. Authorised by the Chief Parliamentary Counsel 89 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads Notes to Notes s. 48EA(3) 1 See clause 8 of Schedule 7 for notification amended by Nos 22/2013 requirements in certain circumstances. s. 70, 41/2019 s. 117(Sch. 1 2 There may also be notification obligations which are item 11.7). relevant under the Rail Safety National Law (Victoria). S. 48EB 48EB Notification by works contractor inserted by No. 17/2009 s. 19, amended by No. 17/2009 s. 20(2) (ILA s. 39B(1)). S. 48EB(1) (1) A works contractor must, before carrying out amended by No. 17/2009 works on or in the immediate vicinity of rail s. 21. infrastructure or rolling stock, notify the owner or occupier of the land on which the rail infrastructure or rolling stock is located and any relevant provider of public transport of the intention to carry out the works if the carrying out of the works will threaten, or is likely to threaten, the safety of the rail infrastructure or rolling stock. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. S. 48EB(2) (2) Notification under this section must be given— inserted by No. 17/2009 s. 20(2). (a) in writing; and (b) unless subsection (3) applies, at least 28 days before the proposed carrying out of the works. S. 48EB(3) (3) If the proposed carrying out of the works is due to inserted by No. 17/2009 the existence of an emergency or the requirement s. 20(2). to carry out urgent works, the period of notice should be as much as is reasonably practicable in the circumstances. Authorised by the Chief Parliamentary Counsel 90 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads Notes Notes to

1 See clause 8 of Schedule 7 for notification s. 48EB(3) amended by requirements in certain circumstances. Nos 22/2013 s. 70, 41/2019

2 There may also be notification obligations which are s. 117(Sch. 1 relevant under the Rail Safety National Law (Victoria). item 11.8).

48EC Notification by rail transport operator S. 48EC (Heading) amended by No. 22/2013 s. 71(1). S. 48EC inserted by No. 17/2009 s. 19, amended by No. 17/2009 s. 20(3) (ILA s. 39B(1)). (1) A rail transport operator must, before exercising a S. 48EC(1) amended by power or performing a duty under this Act on or No. 22/2013 in the immediate vicinity of a road authority's s. 71(2). road infrastructure, notify that road authority of the intended exercise of the power or the performance of the duty if the exercise of the power or performance of the duty will threaten, or is likely to threaten, the safety of the road infrastructure. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. (2) Notification under this section must be given— S. 48EC(2) inserted by No. 17/2009 (a) in writing; and s. 20(3). (b) unless subsection (3) applies, at least 28 days before the proposed exercise of the power or the performance of the duty. Authorised by the Chief Parliamentary Counsel 91 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads S. 48EC(3) (3) If the proposed exercise of the power or the inserted by performance of the duty is due to the existence of No. 17/2009 s. 20(3). an emergency or the requirement to carry out urgent works, the period of notice should be as much as is reasonably practicable in the circumstances. Notes to Notes s. 48EC(3) amended by 1 See clause 8 of Schedule 7 for notification Nos 22/2013 requirements in certain circumstances. s. 71(3), 41/2019 2 There may also be notification obligations which are s. 117(Sch. 1 item 11.9). relevant under the Rail Safety National Law (Victoria). S. 48F 48F Notification of road authorities before railway (Heading) amended by operations carried out No. 22/2013 s. 72(1). S. 48F inserted by No. 9/2006 s. 160, amended by No. 17/2009 s. 20(4) (ILA s. 39B(1)). S. 48F(1) (1) A rail transport operator must, before carrying out amended by No. 22/2013 railway operations that will threaten, or are likely s. 72(2). to threaten, the safety of a road authority's road infrastructure, notify that road authority of the rail transport operator's intention to carry out those operations. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. S. 48F(2) (2) Notification under this section must be given— inserted by No. 17/2009 s. 20(4). (a) in writing; and Authorised by the Chief Parliamentary Counsel 92 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (b) unless subsection (3) applies, at least 28 days S. 48F(2)(b) before the proposed carrying out of the amended by No. 22/2013 railway operations. s. 72(3). (3) If the proposed carrying out of the railway S. 48F(3) inserted by operations is due to the existence of an emergency No. 17/2009 or the requirement to carry out urgent works, the s. 20(4), amended by period of notice should be as much as is No. 22/2013 reasonably practicable in the circumstances. s. 72(4)(a). Notes Notes to s. 48F(3)

1 See clause 8 of Schedule 7 for notification amended by requirements in certain circumstances. Nos 22/2013 s. 72(4)(b)(c),

2 There may also be notification obligations which are 41/2019 s. 117(Sch. 1 relevant under the Rail Safety National Law (Victoria). item 11.10).

48G Certain offences in this Division are indictable S. 48G inserted by offences No. 9/2006 s. 160, An offence against section 48B, 48D or 48DB is amended by No. 17/2009 an indictable offence. s. 22. Note Note to s. 48G However, the offence may be heard and determined summarily amended by (see section 28 of the Criminal Procedure Act 2009). No. 68/2009 s. 97(Sch. item 105). Pt 4 Div. 4B Division 4B—Specific provisions relating to bus (Heading and stop infrastructure and tram stop infrastructure ss 48H–48P) inserted by No. 17/2009 s. 23.

48H Definitions S. 48H inserted by No. 17/2009 In this Division— s. 23. bus stop infrastructure means the facilities, signage and amenities provided in connection with a bus stopping point Authorised by the Chief Parliamentary Counsel 93 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads including poles, bus stop flags, bus timetable information and real time information signage, tactile ground surface indicators, connecting paths, bus stop hardstands, bus shelters and other public transport related signage; bus stopping point means a location designated for a bus to stop for the purposes of passengers boarding and disembarking the bus; S. 48H def. of relevant authority means— Secretary amended by No. 70/2013 (a) the Head, Transport for Victoria; or s. 4(Sch. 2 item 43.3), (b) the Secretary to the Department of substituted as Transport; relevant authority by No. 45/2016 s. 4, substituted by No. 49/2019 s. 183(Sch. 3 item 21). tram stop infrastructure means the facilities, signage and amenities provided in connection with a tram stopping point including poles, tram stop flags, tram timetable information and real time information signage, tactile ground surface indicators, tram stop platforms and shelters and other public transport related signage; tram stopping point means a location designated for a tram to stop for the purposes of passengers boarding and disembarking the tram. S. 48I 48I Application of Division inserted by No. 17/2009 s. 23. (1) This Division does not limit the application of any other provisions of this Act which apply generally in relation to infrastructure and works on roads. Authorised by the Chief Parliamentary Counsel 94 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (2) The relevant authority must comply with the S. 48I(2) requirements of clause 16 of Schedule 7 before amended by No. 45/2016 conducting any proposed works in the exercise of s. 5. the powers conferred on the relevant authority under this Division.

48J Powers of relevant authority S. 48J (Heading) amended by No. 45/2016 s. 6(1). S. 48J inserted by No. 17/2009 s. 23. (1) The relevant authority may— S. 48J(1) amended by No. 45/2016 (a) install bus stop infrastructure and designate s. 6(2). bus stopping points; (b) remove, relocate or modify any bus stop infrastructure installed under paragraph (a); (c) remove or relocate any bus stopping point. (2) The relevant authority may for the purposes of S. 48J(2) amended by this section conduct any works which are No. 45/2016 necessary or desirable including— s. 6(2). (a) opening and breaking up any roadway, pathway or area of roadside; and (b) temporarily stopping the traffic on any roadway, pathway or area of roadside. (3) In completing the works, the relevant authority S. 48J(3) amended by must after the works are completed reinstate the No. 45/2016 roadway, pathway or area of roadside to the s. 6(2). standard before the works were commenced— (a) as promptly as is reasonably practicable; and (b) as nearly as is reasonably practicable to an equivalent standard of quality and design; and Authorised by the Chief Parliamentary Counsel 95 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (c) so as to ensure that any feature to assist persons with a disability is restored. S. 48J(4) (4) If the relevant authority has conducted works on amended by No. 45/2016 any roadway, pathway or area of roadside, the s. 6(3). relevant authority must bear or pay all reasonable expenses of the reinstatement of the roadway, pathway or area of roadside and any related road infrastructure for 12 months after it is restored, so far as those expenses have been incurred by conducting the works on the roadway, pathway or area of roadside. S. 48J(5) (5) The powers conferred on the relevant authority amended by No. 45/2016 under this section are in addition to, and do not s. 6(3). derogate from, any other powers conferred on the relevant authority. S. 48K 48K Offence in relation to removal, demolition or inserted by No. 17/2009 relocation s. 23. S. 48K(1) (1) A person must not without obtaining the consent amended by No. 45/2016 of the relevant authority— s. 7. (a) remove or relocate a bus stopping point; or (b) remove, demolish or relocate any bus stop infrastructure installed under section 48J. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units. (2) This section is in addition to any other requirements which may apply under clause 16 of Schedule 7. Authorised by the Chief Parliamentary Counsel 96 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads

48L Resolution of disputes S. 48L inserted by Any dispute arising under section 48J between the No. 17/2009 relevant authority and a road authority is to be s. 23, amended by determined by the Minister for Public Transport, No. 45/2016 the Minister responsible for the coordinating road s. 8. authority and the Minister responsible for the responsible road authority or their respective nominees.

48M Guidelines S. 48M inserted by No. 17/2009 s. 23. (1) The relevant authority may publish guidelines S. 48M(1) amended by relating to bus stopping points and bus stop No. 45/2016 infrastructure. s. 9(1). (2) Without limiting the generality of subsection (1), the guidelines may provide for any matter or thing relating to the location, design, construction, accessibility, safety, amenity and appearance of bus stopping points and bus stop infrastructure. (3) The relevant authority must consult with S. 48M(3) amended by VicRoads, municipal councils, other relevant road No. 45/2016 authorities, the Bus Association Victoria and any s. 9(2). other person the relevant authority considers appropriate in developing guidelines under this section.

48N Information to be provided by a municipal council S. 48N inserted by No. 17/2009 If a municipal council installs, removes or s. 23, relocates a bus shelter, seat or hardstand located amended by No. 45/2016 at, or in the immediate vicinity of, a bus stopping s. 10. point, the municipal council must within 28 days notify the relevant authority of the location of the bus stopping point and the action that has been taken. Authorised by the Chief Parliamentary Counsel 97 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads S. 48O 48O Consent of relevant authority required to install, (Heading) amended by attach or affix rubbish bin or cigarette disposal unit Nos 61/2011 s. 25(Sch. 1 item 10.3), 49/2019 s. 183(Sch. 3 item 22). S. 48O inserted by No. 17/2009 s. 23. S. 48O(1) (1) A rubbish bin or cigarette disposal unit must not amended by Nos 61/2011 be installed, attached or affixed to any component s. 25(Sch. 1 of bus stop infrastructure or tram stop item 10.3), 49/2019 infrastructure on which passenger timetable s. 183(Sch. 3 information is provided without the written item 23. consent of the relevant authority. (2) This section is in addition to any other requirements which may apply under clause 16 of Schedule 7. S. 48P 48P Power of Head, Transport for Victoria to remove (Heading) amended by rubbish bin or cigarette disposal unit installed, Nos 61/2011 attached or affixed without consent s. 25(Sch. 1 item 10.3), 49/2019 s. 183(Sch. 3 item 24). S. 48P inserted by No. 17/2009 s. 23. S. 48P(1) (1) The Head, Transport for Victoria may remove any amended by Nos 61/2011 rubbish bin or cigarette disposal unit which has s. 25(Sch. 1 been installed, attached or affixed to any item 10.3), 49/2019 component of bus stop infrastructure or tram stop s. 183(Sch. 3 infrastructure on which passenger timetable item 25). information is provided by any person without obtaining the written consent of the Head, Transport for Victoria. Authorised by the Chief Parliamentary Counsel 98 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (2) The Head, Transport for Victoria may recover any S. 48P(2) reasonable costs incurred under subsection (1) amended by Nos 61/2011 from the person who installed, attached or affixed s. 25(Sch. 1 the rubbish bin or cigarette disposal unit in any item 10.3), 49/2019 court of competent jurisdiction as a debt due to the s. 183(Sch. 3 Head, Transport for Victoria. item 25). Division 5—Road management plans

49 The making of a road management plan is voluntary A road authority may develop and publish a road management plan in accordance with this Division.

50 Purposes of a road management plan The purposes of a road management plan are having regard to the principal object of road management and the works and infrastructure management principles— (a) to establish a management system for the road management functions of a road authority which is based on policy and operational objectives and available resources; and (b) to set the relevant standard in relation to the discharge of duties in the performance of those road management functions.

51 Standards may be included in a road management plan Subject to section 39 but without limiting section 41, a road authority may determine standards by incorporating the standards in a road management plan. Authorised by the Chief Parliamentary Counsel 99 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads

52 Contents of a road management plan (1) A road management plan— (a) may set relevant standards or policies in relation to the discharge of duties in the performance of road management functions; (b) may include details of the management system that a road authority proposes to implement in the discharge of its duty to inspect, maintain and repair public roads for which the road authority is the coordinating road authority or the responsible road authority; (c) may specify the relevant policies and priorities adopted by the road authority; (d) must include any matters that a relevant Code of Practice specifies should be included in a road management plan. (2) A road management plan relating to the Link road or the Extension road— (a) must be consistent with the Melbourne City Link Act 1995, the Agreement, the Extension Agreement and the Integration and Facilitation Agreement; and (b) must facilitate the performance of obligations and duties under the Melbourne City Link Act 1995, the Agreement, the Extension Agreement and the Integration and Facilitation Agreement. Authorised by the Chief Parliamentary Counsel 100 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (2A) A road management plan relating to EastLink— S. 52(2A) inserted by No. 39/2004 s. 267, amended by No. 95/2005 s. 13(2)(d). (a) must be consistent with the EastLink S. 52(2A)(a) amended by Project Act 2004 and the EastLink No. 95/2005 Agreement; and s. 13(2)(a)(b). (b) must facilitate the performance of S. 52(2A)(b) amended by obligations and duties under the EastLink No. 95/2005 Project Act 2004 and the EastLink s. 13(2)(a)(b). Agreement. (2B) A road management plan relating to the Peninsula S. 52(2B) inserted by Link Freeway— No. 70/2012 s. 7. (a) must be consistent with the Peninsula Link Project Deed; and (b) must facilitate the performance of obligations arising under the Peninsula Link Project Deed. (2C) A road management plan relating to the West S. 52(2C) inserted by Gate Tunnel tollway— No. 8/2019 s. 134. (a) must be consistent with the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 and the West Gate Tunnel Agreement; and (b) must facilitate the performance of obligations and duties under the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 and the West Gate Tunnel Agreement. Authorised by the Chief Parliamentary Counsel 101 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads S. 52(2D) (2D) A road management plan relating to the North inserted by East Link road— No. 18/2020 s. 145. (a) must be consistent with 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; and (b) must facilitate the performance of obligations and duties under 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. (3) A road management plan is not a subordinate instrument for the purposes of the Interpretation of Legislation Act 1984.

53 Power to apply, adopt or incorporate (1) A road management plan 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, person or body whether— (a) wholly or partially or as amended by the road management plan; or (b) as formulated, issued, prescribed or published at the time the road management plan is made or at any time before then; or (c) as formulated, issued, prescribed or published from time to time. (2) Subject to subsection (3), if a road management plan 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 Authorised by the Chief Parliamentary Counsel 102 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads and that document, code, standard, rule, specification or method is at any time amended, until the road authority 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) Subsection (2) does not apply in respect of the amendment of any document, code, standard, rule, specification or method which has been incorporated in a Code of Practice.

54 Procedure for making or amending a road management plan (1) Before a road authority makes or amends a road management plan, it must comply with the following procedure. (2) If a road authority proposes to make a road management plan, the road authority must give a notice stating— (a) the purpose and general purport of the proposed road management plan; (b) where a copy of the proposed road management plan can be obtained or inspected; (c) that any person who is aggrieved by the proposed road management plan may make a submission on the proposed road management plan to the road authority within the period specified in the notice. (3) The road authority must allow at least 28 days after the day on which a notice is given under subsection (2) for the making of submissions. (4) A notice under this section must be— (a) published in the Government Gazette; Authorised by the Chief Parliamentary Counsel 103 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (b) published in a daily newspaper generally circulating in the area in which the roads to which the road management plan applies are situated; (c) given in any other manner prescribed for the purposes of this section. (5) A road authority must in accordance with the regulations conduct a review of its road management plan at prescribed intervals. (6) A road authority may amend its road management plan in accordance with the regulations. (7) If a road management plan is amended in accordance with subsection (6), the road authority must incorporate the amendments into the road management plan.

55 Availability of road management plan (1) Upon the making of a road management plan, the road authority must cause notice of— (a) the making of the road management plan; and (b) the place where copies of the road management plan may be inspected or obtained— to be published in the Government Gazette and in a newspaper generally circulating in the area in which the roads to which the road management plan is to apply are situated. (2) There must be published with a notice under subsection (1) or a notice of an amendment under section 53(2), a notice stating that the Code of Practice, any incorporated document or any amendment to an incorporated document, as the case may be, may be inspected at the office of the road authority specified in the notice. Authorised by the Chief Parliamentary Counsel 104 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads Division 6—Development contributions

56 Development contribution (1) A State road authority that intends to undertake the construction of a new public road which will benefit adjacent land may, by notice in writing, require the owner of the land to meet or contribute to the present day cost of the road construction. (2) If a proposal for the subdivision of land is referred to a road authority under the Planning and Environment Act 1987, the State road authority may, by notice in writing, require the owner of the land to meet or contribute to the present day cost of the construction of a public road that is required because of the proposed subdivision. (3) The amount of the payment required from an owner of land must be assessed by the State road authority to be fair and reasonable, taking into account the benefit to that land relative to the benefit to other land. (4) The notice must specify— (a) the amount of the payment required; and (b) how the amount of the payment was determined; and (c) the reason why the payment is required; and (d) the construction work that will be provided; and (e) when the construction work will be completed; and (f) the land in relation to which payment is required; and (g) if payments are required in relation to a group of parcels of land, the amounts required in relation to each parcel and how the amounts were apportioned; and Authorised by the Chief Parliamentary Counsel 105 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (h) the right of the owner to object and apply for a review under section 57; and (i) in the case of a notice under subsection (1), that details of the proposal are available for inspection, free of charge, at the road authority's office during normal business hours. (5) In the case of a notice under subsection (1), the State road authority must ensure that details of the proposal are available for inspection, free of charge, at the State road authority's office during normal business hours. (6) The State road authority must ensure that payments received under this section are applied towards the cost of the road construction within the prescribed period of time.

57 Review of required payments (1) An owner who is required to make a payment under section 56 may object in writing to the State road authority on any of the grounds specified in subsection (2) within— (a) 1 month after receipt of the notice; or (b) any longer time allowed by the State road authority and specified in the notice. (2) The grounds are— (a) that the land of the owner will not benefit from the construction of the new public road; (b) if there are several parcels of land that will benefit, that the basis of distribution of the cost between the owners of those parcels of land is unreasonable; (c) that the amount is excessive; (d) that the proposed works are excessive or are inappropriate; Authorised by the Chief Parliamentary Counsel 106 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (e) if there are several parcels of land that will benefit, that any owner who has been required to pay should not be required to do so, or that any owner who has not been required to pay should be required to do so; (f) in the case of a notice under section 56(1), any other grounds. (3) A State road authority must, within 2 months after receipt of an objection, notify the person of its decision on the objection. (4) An owner may apply to the Tribunal for review of the State road authority's decision on the owner's objection on any of the grounds specified in paragraphs (a) to (f) of subsection (2). (5) An application for review must be made within 28 days after the later of— (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the owner requests a statement of reasons for the decision, the day on which the statement of reasons is given to the owner or the owner is informed under section 46(5) of that Act that a statement of reasons will not be given.

58 State road authority may require further payment or refund excess (1) A State road authority that has required payments under section 56 from the owners of any land may— (a) if the total amount collected is not enough to meet the costs in respect of which the payments were required, require further payments from the owners of those lands; and Authorised by the Chief Parliamentary Counsel 107 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads (b) if the total amount collected is more than enough to meet those costs, refund the excess to the owners of those lands. (2) The provisions of sections 56(4), 56(5), 57 and 59 apply in relation to any further payments required, as if they were payments originally required under section 56, except that in the case of payments required by a notice under section 56(1)— (a) the State road authority may require further payments of not more than 20 per cent of the amount specified in that notice, if those further payments are necessary to meet the cost of the road construction; and (b) the cost of those further payments must be fairly distributed over the group of parcels of land that is to receive the benefit, if there is such a group.

59 When payment is due (1) The date by which payment must be made is— (a) if there have been no objections, any date that is set by the State road authority and that is after the expiry of 1 month after the receipt of the notice, or of any longer time allowed by the road authority and specified in the notice; or (b) if each person to whom a notice was issued agrees in writing not to object, any date that is set by the State road authority and that is after the date of the last of those agreements; or (c) if there are objections, or if any person to whom a notice was issued does not agree in writing not to object, any date that is set by the State road authority and that is after each person who objected, or who did not agree in writing not to object, has been notified by the Authorised by the Chief Parliamentary Counsel 108 Road Management Act 2004 No. 12 of 2004 Part 4—Management of roads State road authority of its decision on any objections made. (2) The due date for payment of any further payments required under section 58(1)(a) is the date that is specified in the notice requiring the further payment being a date that is not earlier than 14 days after the date of the notice. Authorised by the Chief Parliamentary Counsel 109 Road Management Act 2004 No. 12 of 2004 Part 5—Protection of roads Part 5—Protection of roads Division 1—Offences

60 Offences in relation to unauthorised access to roads S. 60(1) (1) A person must not construct an access point to a amended by No. 49/2019 freeway without the written consent of the Head, s. 183(Sch. 3 Transport for Victoria under clause 1 of item 26). Schedule 2. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units. S. 60(2) (2) A person must comply with the conditions to amended by No. 49/2019 which the written consent of the Head, Transport s. 183(Sch. 3 for Victoria under clause 1 of Schedule 2 is item 26). subject. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units. (3) A person must not construct or change a physical means of entry or exit for traffic between adjacent land and a controlled access road without first obtaining a decision under clause 2 of Schedule 2 which authorises the construction or change. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units. Authorised by the Chief Parliamentary Counsel 110 Road Management Act 2004 No. 12 of 2004 Part 5—Protection of roads (4) A person must comply with the conditions to which a decision under clause 2 of Schedule 2 is subject. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units.

61 Offence to fail to comply with direction (1) A person must comply with a direction issued to the person under clause 3 of Schedule 6 within the time specified in the direction. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units. (2) It is a defence to a prosecution for an offence under this section if the person proves that the person had a reasonable excuse for the failure to comply.

62 Obstruction of road (1) Subject to subsection (2), a person must not obstruct the use of a road by persons or vehicles lawfully entitled to use the road. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units. (2) Subsection (1) does not apply if the obstruction— (a) is authorised or permitted by or under this Act or any other Act; or (b) arises out of a lawful and reasonable use of the road. Authorised by the Chief Parliamentary Counsel 111 Road Management Act 2004 No. 12 of 2004 Part 5—Protection of roads

63 Interference with a road (1) Subject to subsection (2), a person must not conduct any works in, on, under or over a road without the written consent of the coordinating road authority to the conduct of the proposed works. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units. (2) Subsection (1) does not apply if— (a) the person is required to conduct the works by specific requirements specified in or under any other Act and the works are conducted in accordance with those requirements; or Example to Example s. 63(2)(a) amended by A person who is required to keep a tree clear of an No. 49/2019 electric line under section 86 of the Electricity Safety s. 183(Sch. 3 item 27). Act 1998 is not required to obtain written consent from the Head, Transport for Victoria to carry out that requirement although the person is conducting works. (b) the person is a public body and has obtained a consent under section 99(1) or 99(4) of the Melbourne City Link Act 1995; or S. 63(2)(ba) (ba) the person is a Utility within the meaning inserted by No. 39/2004 of section 3(1) of the EastLink Project s. 268, Act 2004 and is acting in accordance with— amended by No. 17/2009 s. 12(12). S. 63(2)(ba)(i) (i) an approved Utility agreement within amended by No. 95/2005 the meaning of the EastLink Project s. 13(2)(b). Act 2004; or Authorised by the Chief Parliamentary Counsel 112 Road Management Act 2004 No. 12 of 2004 Part 5—Protection of roads (ii) a determination under Division 8 S. 63(2)(ba)(ii) of Part 8 of the EastLink Project amended by No. 95/2005 Act 2004; or s. 13(2)(b). (iii) a direction under section 165, 166, 173, S. 63(2)(ba)(iii) amended by 174 or 175 of the EastLink Project No. 95/2005 Act 2004; or s. 13(2)(b). (bb) the person conducts the works authorised by, S. 63(2)(bb) inserted by and conducted in accordance with, the No. 8/2019 Agreement; or s. 135. (bc) the person conducts the works authorised by, S. 63(2)(bc) inserted by and conducted in accordance with, the No. 8/2019 Extension Agreement; or s. 135. (bd) the person conducts the works authorised by, S. 63(2)(bd) inserted by and conducted in accordance with, the No. 8/2019 EastLink Agreement; or s. 135. (be) the person conducts the works authorised by, S. 63(2)(be) inserted by and conducted in accordance with, the West No. 8/2019 Gate Tunnel Agreement; or s. 135. (bf) the person conducts the works authorised S. 63(2)(bf) inserted by by, and conducted in accordance with, a No. 18/2020 North East Link operation and maintenance s. 146. agreement; or (c) an exemption under section 23 applies; or (d) an exemption in accordance with the regulations applies; or (e) the works are conducted in an emergency by, or with the authority of, the relevant infrastructure manager. Authorised by the Chief Parliamentary Counsel 113 Road Management Act 2004 No. 12 of 2004 Part 5—Protection of roads Examples to Examples s. 63 Subsection (1) will not apply if the works are conducted by amended by No. 73/2013 a utility in relation to an emergency. s. 103. Subsection (1) will not apply if the works are conducted in the exercise of emergency powers under the Emergency Management Act 2013.

64 Failure to give notice (1) An infrastructure manager or works manager must comply with clause 13 of Schedule 7. Penalty: In the case of a natural person, 5 penalty units; In the case of a body corporate, 25 penalty units. (2) It is a defence to a prosecution for an offence under this section if the person proves that the person had a reasonable excuse for the failure to comply.

65 Compliance with conditions of written consent (1) A person must comply with the conditions to which a written consent under clause 16 of Schedule 7 is subject. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units. (2) It is a defence to a prosecution for an offence under this section if the person proves that the person had a reasonable excuse for the failure to comply. Authorised by the Chief Parliamentary Counsel 114 Road Management Act 2004 No. 12 of 2004 Part 5—Protection of roads Division 2—Controls on advertising, signs and bills on roads and road infrastructure

66 Written consent required for placing of specified things on a road or road infrastructure (1) Subject to subsection (2), a person must not without the written consent of the relevant coordinating road authority— (a) place any structure, device or hoarding for the exhibition of an advertisement or place any advertisement for exhibition on or over a road; or (b) place any sign or bill on or over a road or on a pole, bus shelter, traffic sign, tree or other object or infrastructure on a road reserve. Penalty: 10 penalty units. (2) Subject to subsection (3), subsection (1) does S. 66(2) amended by not apply if the placing of the structure, device, No. 70/2016 hoarding, advertisement, sign or bill is authorised s. 4(1). or permitted by or under this Act or by or under any other Act. (3) For the purposes of subsection (2), the placing S. 66(3) inserted by of a structure, device, hoarding, advertisement, No. 70/2016 sign or bill referred to in subsection (1) is not s. 4(2). authorised or permitted merely because it is exempt from the requirement to obtain a permit under Victoria Planning Provisions approved under Part 1A of the Planning and Environment Act 1987.

67 Advertiser must disclose name of distributor (1) This section applies to a person who commissions the making of a sign or bill that is placed on or over a road or on a pole, bus shelter, traffic sign or other object or infrastructure on a road reserve. Authorised by the Chief Parliamentary Counsel 115 Road Management Act 2004 No. 12 of 2004 Part 5—Protection of roads (2) The person must give the relevant coordinating road authority the name and address of the person who was responsible for distributing the sign or bill in a particular area. (3) The person must comply with subsection (2) within 7 days after receiving a written request for the information from the relevant coordinating road authority. Penalty: 10 penalty units.

68 Distributor must disclose name of depositor (1) A person who engages another person (whether as an employee or as an agent) to place a sign or bill on or over a road or on a pole, bus shelter, traffic sign or other object or infrastructure on a road reserve within an area must give the relevant coordinating road authority the name and address of that other person. S. 68(2) (2) A person must comply with subsection (1) within substituted by No. 28/2009 7 days after receiving a written request for the s. 58. information from the relevant coordinating road authority. Penalty: 10 penalty units.

69 Person must remove structure, device, hoarding, advertisement, sign or bill if requested to do so (1) A person must remove any structure, device, hoarding, advertisement, sign or bill placed by that person in contravention of section 66 if requested to do so by an authorised officer. Penalty: 10 penalty units. S. 69(1A) (1A) A person must, if requested to do so by an inserted by No. 24/2005 authorised officer, remove any advertisement, s. 17(1). sign or bill, or any structure, device or hoarding for the exhibition of an advertisement, sign or bill, placed by the person at any time before the commencement of section 66 on or over a road Authorised by the Chief Parliamentary Counsel 116 Road Management Act 2004 No. 12 of 2004 Part 5—Protection of roads or on road infrastructure or road-related infrastructure in contravention of any provision made by or under any Act in force at that time. (2) If a request under subsection (1) or (1A) is not S. 69(2) amended by complied with, an authorised officer may— No. 24/2005 s. 17(2). (a) remove and sell the structure, device, hoarding, advertisement, sign or bill and apply the proceeds of the sale towards the reimbursement of expenses incurred in connection with the removal or sale; or (b) obliterate the structure, device, hoarding, advertisement, sign or bill.

70 Court may order removal of structure, device, hoarding, advertisement, sign or bill (1) If a court convicts a person of an offence under section 66, 67, 68 or 69, the court may— (a) instead of, or in addition to, any other penalty, order the person to remove the structure, device, hoarding, advertisement, sign or bill placed by the person within a specified time and under the supervision of a person nominated by the court; or (b) in addition to any other penalty, order the person to pay a sum of compensation for the removal of the structure, device, hoarding, advertisement, sign or bill to the relevant coordinating road authority. (2) The following provisions apply to an order under subsection (1)(a)— (a) the court may also order that if the person contravenes the order, that person must pay a fine of not more than 10 penalty units; Authorised by the Chief Parliamentary Counsel 117 Road Management Act 2004 No. 12 of 2004 Part 5—Protection of roads (b) if the person complies with the order, the person nominated by the court to supervise must send to the person a statement to that effect; (c) if the person contravenes the order, the court may, on application by the person nominated to supervise, issue a summons requiring the person to show cause why the fine referred to in paragraph (a) should not be imposed; (d) on hearing the summons, the court may make any order under this Act which it considers appropriate in respect of the person who contravened the order. (3) The compensation specified in an order under subsection (1)(b) to be paid to the relevant coordinating road authority is to be treated as a debt due to that coordinating road authority. Division 3—Authorised officers S. 71AA 71AA Definition inserted by No. 49/2019 In this Division— s. 173. appointing entity, in relation to an authorised officer, means— (a) if the authorised officer is appointed under section 71(1), the Secretary; or (b) if the authorised officer is appointed under section 71(2), the State road authority that appoints the authorised officer; or (c) if the authorised officer is appointed under section 71(3), the municipal council that appoints the authorised officer. Authorised by the Chief Parliamentary Counsel 118 Road Management Act 2004 No. 12 of 2004 Part 5—Protection of roads

71 Authorised officers (1) Subject to this section, the Secretary may by S. 71(1) amended by instrument appoint any of the following to be an No. 49/2019 authorised officer for the purposes of this Act— s. 187, substituted by No. 49/2019 (a) an employee in the Department; s. 174(1). (b) an officer or employee of VicRoads; (c) a member of the staff of the Regulator within the meaning of the Heavy Vehicle National Law (Victoria). (2) Subject to this section, a State road S. 71(2) amended by authority, other than the Head, Transport for No. 49/2019 Victoria, may by instrument appoint— s. 174(2). (a) an employee employed under the Public S. 71(2)(a) amended by Administration Act 2004; or No. 108/2004 s. 117(1) (Sch. 3 item 175). (b) an officer or employee of a public body established by or under any Act— to be an authorised officer for the purposes of this Act. (3) Subject to this section, if the relevant road authority is a municipal council, the municipal council may by instrument appoint an officer or employee of the municipal council to be an authorised officer for the purposes of this Act. (3A) An authorised officer appointed under subsection S. 71(3A) inserted by (1) may exercise the powers of an authorised No. 49/2019 officer in respect of a road for which the Head, s. 174(3). Transport for Victoria is the responsible road authority if the Head, Transport for Victoria has so requested. (4) An authorised officer appointed under subsection S. 71(4) amended by (1) may exercise the powers of an authorised No. 49/2019 officer in respect of the Link road if— s. 174(4). Authorised by the Chief Parliamentary Counsel 119 Road Management Act 2004 No. 12 of 2004 Part 5—Protection of roads S. 71(4)(a) (a) the Link corporation has so requested; and amended by No. 8/2019 s. 136(1). (b) there is a written arrangement with the Link corporation. S. 71(5) (5) An authorised officer appointed under subsection amended by No. 49/2019 (1) may exercise the powers of an authorised s. 174(4). officer in respect of the Extension road if— S. 71(5)(a) (a) the Extension corporation has so requested; amended by No. 8/2019 and s. 136(2). (b) there is a written arrangement with the Extension corporation. S. 71(5A) (5A) An authorised officer appointed under inserted by No. 39/2004 subsection (1) may exercise the powers of an s. 269, authorised officer in respect of EastLink if— amended by Nos 95/2005 s. 13(2)(d), 49/2019 s. 174(4). S. 71(5A)(a) (a) the EastLink Corporation has so requested; amended by No. 95/2005 and s. 13(2)(c). S. 71(5A)(b) (b) there is a written arrangement with the amended by No. 95/2005 EastLink Corporation. s. 13(2)(c). S. 71(5B) (5B) An authorised officer appointed under inserted by No. 70/2012 subsection (1) may exercise the powers of an s. 8, authorised officer in respect of the Peninsula Link amended by No. 49/2019 Freeway if— s. 174(4). (a) the Peninsula Link Freeway Corporation has so requested; and (b) there is a written arrangement with the Peninsula Link Freeway Corporation. Authorised by the Chief Parliamentary Counsel 120 Road Management Act 2004 No. 12 of 2004 Part 5—Protection of roads (5C) An authorised officer appointed under subsection S. 71(5C) (1) may exercise the powers of an authorised inserted by No. 8/2019 officer in respect of the West Gate Tunnel tollway s. 136(3) (as if— amended by No. 49/2019 (a) the West Gate Tunnel Corporation has so s. 170). requested; and (b) there is a written arrangement with the West Gate Tunnel Corporation. (5D) An authorised officer appointed under subsection S. 71(5D) inserted by (1) may exercise the powers of an authorised No. 18/2020 officer in respect of the North East Link road if— s. 147. (a) the North East Link State Tolling Corporation has so requested; and (b) there is a written arrangement with the North East Link State Tolling Corporation. (6) A person must not be appointed as an authorised S. 71(6) amended by officer under this section unless the person has No. 49/2019 completed appropriate training or qualifications as s. 174(5). determined by the Secretary or by the relevant road authority making the appointment.

72 Authorised officer's identity card (1) An appointing entity must issue an identity card to S. 72(1) substituted by each authorised officer the entity appoints. No. 49/2019 s. 175(1). (2) An identity card must— (a) set out the name of the authorised officer and S. 72(2)(a) amended by contain a photograph of the authorised No. 49/2019 officer to whom it is issued; and s. 175(2)(a). (b) state the name of the appointing entity; and S. 72(2)(b) substituted by No. 49/2019 (c) contain information about the complaints s. 175(2)(b). process under section 87. Authorised by the Chief Parliamentary Counsel 121 Road Management Act 2004 No. 12 of 2004 Part 5—Protection of roads

73 Production of identity card (1) Subject to subsection (2), an authorised officer must produce their identity card for inspection— (a) before exercising a power under this Act other than a requirement made by post; and (b) at any time during the exercise of a power under this Act, if asked to do so. Penalty: 10 penalty units. (2) It is not necessary for an authorised officer to comply with a request to produce their identity card that is made by a person to whom the authorised officer has already produced their identity card before or during the exercise of a power under this Act.

74 General powers of authorised officers (1) Subject to subsection (2), for the purposes of the administration of this Act and the regulations, an authorised officer may exercise the powers conferred by or under this Act and the regulations to ascertain whether the provisions of this Act or the regulations have been, or are being, complied with. (2) Unless an authorised officer is of the opinion that it is necessary to do so because of an emergency, an authorised officer must not enter any privately owned property unless— (a) the owner has given consent; or (b) the authorised officer has given the owner reasonable notice of the intention to enter at a reasonable time.

75 Power to enter upon any land (1) Subject to this section, an authorised officer may exercise any power conferred by this Act on a road authority to enter upon any land. Authorised by the Chief Parliamentary Counsel 122 Road Management Act 2004 No. 12 of 2004 Part 5—Protection of roads (2) Unless an authorised officer is of the opinion that it is necessary to do so because of an emergency, an authorised officer must not enter any privately owned property unless— (a) the owner has given consent; or (b) the authorised officer has given the owner reasonable notice of the intention to enter at a reasonable time. (3) A road authority or an authorised officer must in exercising any power to enter upon any land— (a) cause as little harm and inconvenience and do as little damage as possible to the land and anything on or growing on the land; and (b) remain upon the land only for such period as is reasonably necessary; and (c) remove from the land on the completion of the occupation of the land all plant, machinery, equipment, goods or buildings brought onto, or erected on, the land other than any of those things that the owner or occupier agrees may be left on the land; and (d) leave the land, as nearly as possible, in the condition in which it was immediately before the land was occupied; and (e) use best endeavours to co-operate with the owner and occupier of the land.

76 Power to obtain name and address If an authorised officer believes, on reasonable grounds, that a person has contravened, or is contravening, this Act or the regulations, the authorised officer may require the person to state the person's name and residential address. Authorised by the Chief Parliamentary Counsel 123 Road Management Act 2004 No. 12 of 2004 Part 5—Protection of roads

77 Requirement to assist authorised officer during entry To the extent that it is reasonably necessary to determine compliance with this Act, an authorised officer exercising a power of entry under this Act who produces his or her identity card for inspection by the occupier of the land or an agent or employee of the occupier may require that person to give reasonable assistance to the authorised officer. S. 78 78 Assistance of police officer (Heading) substituted by No. 37/2014 Any police officer may assist an authorised officer s. 10(Sch. in exercising a power under this Act. item 146.2). S. 78 amended by No. 37/2014 s. 10(Sch. item 146.3).

79 Offence for failure to give name and address A person must not, without reasonable excuse, refuse or fail to comply with a requirement under section 76. Penalty: 10 penalty units.

80 Refusal or failure to comply with requirement or direction A person must not, without reasonable excuse, refuse or fail to comply with any lawful requirement or direction of an authorised officer under this Act. Penalty: 60 penalty units.

81 Protection against self-incrimination It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under Authorised by the Chief Parliamentary Counsel 124 Road Management Act 2004 No. 12 of 2004 Part 5—Protection of roads this Act, if the giving of the information or the doing of that other thing would tend to incriminate the person.

82 Offence to give false or misleading information A person must not give information to an authorised officer under this Act that the person believes to be false or misleading in any material particular. Penalty: 60 penalty units.

83 Offence to hinder or obstruct authorised officer A person must not, without reasonable excuse, hinder or obstruct an authorised officer who is exercising a power under this Act. Penalty: 60 penalty units.

84 Offence to impersonate authorised officer A person who is not an authorised officer must not, in any way, impersonate an authorised officer. Penalty: 60 penalty units.

85 Entry to be reported to the appointing entity S. 85 (Heading) amended by No. 49/2019 s. 176(1). (1) If an authorised officer exercises a power of entry S. 85(1) amended by under this Act, the authorised officer must report No. 49/2019 the exercise of the power to the appointing entity s. 176(2). within 7 days after the entry. (2) The report must include all relevant details of the entry including particulars of— (a) the time and place of the entry; and (b) the purpose of the entry; and Authorised by the Chief Parliamentary Counsel 125 Road Management Act 2004 No. 12 of 2004 Part 5—Protection of roads (c) the things done while on the premises, including details of things seized, copies made and extracts taken; and (d) the time of departure from the premises. S. 86 86 Register of exercise of powers of entry amended by No. 49/2019 s. 177. An appointing entity must keep a register containing the particulars of all matters reported to the appointing entity under section 85.

87 Complaints S. 87(1) (1) Any person may complain to the appointing entity amended by No. 49/2019 about the exercise of a power by an authorised s. 178(1). officer under this Act. S. 87(2) (2) The appointing entity must— amended by No. 49/2019 s. 178(2). S. 87(2)(a) (a) investigate any complaint made to the amended by No. 49/2019 appointing entity; and s. 178(2). (b) provide a written report to the complainant on the results of the investigation.

88 Service of documents (1) A written requirement by an authorised officer under this Act may be given personally or by registered post to a person— (a) at the last known place of business, employment or residence of the person; or (b) in the case of a body corporate, at the registered office of the body corporate. S. 88(2) (2) A person who provides a document or information amended by No. 49/2019 in response to a requirement of an authorised s. 179. officer under this Act may send that document or information to the appointing entity by registered post. Authorised by the Chief Parliamentary Counsel 126 Road Management Act 2004 No. 12 of 2004 Part 5—Protection of roads

89 Confidentiality (1) An authorised officer must not, except to the extent necessary to carry out the authorised officer's functions under this Act, give to any other person, whether directly or indirectly, any information acquired by the authorised officer in carrying out those functions. Penalty: 60 penalty units. (2) Subsection (1) does not apply to the giving of information— (a) to a court or tribunal in the course of legal proceedings; or (b) pursuant to an order of a court or tribunal; or (c) to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or Territory or of the Commonwealth; or (d) with the written authority of the appointing S. 89(2)(d) amended by entity; or No. 49/2019 s. 180. (e) with the written authority of the person to whom the information relates. Division 4—Enforcement

90 Power to serve road management infringement notice (1) An authorised officer or police officer may serve S. 90(1) amended by a road management infringement notice on a Nos 24/2005 person whom the authorised officer or police s. 18(1), 37/2014 officer has reason to believe has committed a road s. 10(Sch. management infringement specified in Schedule 8 item 146.3). or in the regulations. Authorised by the Chief Parliamentary Counsel 127 Road Management Act 2004 No. 12 of 2004 Part 5—Protection of roads S. 90(2) (2) An offence referred to in subsection (1) for which substituted by an infringement notice may be served is an No. 32/2006 s. 94(Sch. infringement offence within the meaning of the item 43(1)). Infringements Act 2006. (3) Schedule 8 has effect. S. 91 * * * * * repealed by No. 32/2006 s. 94(Sch. item 43(2)). S. 92 * * * * * amended by No. 24/2005 s. 18(2)(3), repealed by No. 32/2006 s. 94(Sch. item 43(2)). S. 93 * * * * * amended by No. 24/2005 s. 18(4), repealed by No. 32/2006 s. 94(Sch. item 43(2)). Ss 94, 95 * * * * * repealed by No. 32/2006 s. 94(Sch. item 43(2)).

96 Institution of proceedings for offences (1) Legal proceedings for offences against this Act or the regulations can only be instituted by— S. 96(1)(a) (a) a police officer; or amended by No. 37/2014 s. 10(Sch. item 146.3). S. 96(1)(b) (b) a person authorised for that purpose by the amended by No. 49/2019 relevant road authority; or s. 183(Sch. 3 item 29(a)(i)). Authorised by the Chief Parliamentary Counsel 128 Road Management Act 2004 No. 12 of 2004 Part 5—Protection of roads (c) a person authorised for that purpose by the S. 96(1)(c) Secretary. inserted by No. 49/2019 s. 183(Sch. 3 item 29(a)(ii)). (2) A certificate given by the Secretary or by the S. 96(2) amended by relevant road authority, other than the Head, No. 49/2019 Transport for Victoria, and signed by the Chief s. 183(Sch. 3 item 29(b)). Executive (however described) of the relevant road authority to the effect that a specified person has been authorised by the Secretary or by the relevant road authority to take proceedings for offences against this Act is admissible in evidence and, in the absence of evidence to the contrary, is proof. (3) A certificate given by the Head, Transport for S. 96(3) inserted by Victoria to the effect that a specified person has No. 49/2019 been authorised by the Head, Transport for s. 183(Sch. 3 item 29(c)). Victoria to commence a proceeding for an offence against this Act is admissible in evidence and, in the absence of evidence to the contrary, is proof. Authorised by the Chief Parliamentary Counsel 129 Road Management Act 2004 No. 12 of 2004 Part 6—Civil liability Part 6—Civil liability Division 1—General

97 Definitions In this Part— exercise in relation to a function includes perform a duty; function includes a power, authority or duty; negligence means a failure to exercise reasonable care.

98 Effect of this Part This Part is not to be construed as derogating from any duty or liability that a person other than a road authority, infrastructure manager or works manager has under any other Act or at common law. Pt 6 Div. 2 (Heading and Division 2—Negligence ss 99–106) inserted by No. 39/2004 s. 270(1). S. 99 99 Application of Division inserted by No. 39/2004 s. 270(1). This Division applies to any claim for damages resulting from negligence in relation to the performance or non-performance of a road management function, regardless of whether the claim is brought in tort, in contract, under statute or otherwise. S. 100 100 Application of Part XII of Wrongs Act 1958 inserted by No. 39/2004 s. 270(1). This Division is to be construed as being in addition to and not in derogation of Part XII of the Wrongs Act 1958. Authorised by the Chief Parliamentary Counsel 130 Road Management Act 2004 No. 12 of 2004 Part 6—Civil liability

101 Principles concerning performance of road S. 101 management functions inserted by No. 39/2004 (1) In determining whether a road authority, s. 270(1). infrastructure manager or works manager has a duty of care or has breached a duty of care in respect of the performance of a road management function, a court is to consider the following principles (amongst other relevant things including the principles specified in section 83 of the Wrongs Act 1958)— (a) the character of the road and the type of traffic that could reasonably be expected to use the road; (b) the standard of maintenance and repair appropriate for a road of that character used by traffic of that type; (c) the state of repair in which a reasonable person would have expected to find a road or infrastructure of that character; (d) whether the road authority, infrastructure manager or works manager knew, or could reasonably be expected to have known, the condition of the road or infrastructure at the time of the relevant incident; (e) in the case where the road authority, infrastructure manager or works manager could not have reasonably been expected to repair the road or infrastructure or take other preventative measures before the relevant incident, whether the road authority, infrastructure manager or works manager did display, or could be reasonably expected to have displayed, appropriate warnings. Authorised by the Chief Parliamentary Counsel 131 Road Management Act 2004 No. 12 of 2004 Part 6—Civil liability S. 101(2) (2) Subsection (1) applies to the EastLink amended by Corporation as if the reference to the principles No. 95/2005 s. 13(2)(c). specified in section 83 of the Wrongs Act 1958 were excluded. S. 101(3) (3) Subsection (1) applies to the Peninsula Link inserted by No. 70/2012 Freeway Corporation as if the reference to the s. 9. principles specified in section 83 of the Wrongs Act 1958 were excluded. S. 101(4) (4) Subsection (1) applies to the West Gate Tunnel inserted by No. 8/2019 Corporation as if the reference to the principles s. 137. specified in section 83 of the Wrongs Act 1958 were excluded. S. 101(5) (5) Subsection (1) applies to the Link corporation as inserted by No. 8/2019 if the reference to the principles specified in s. 137. section 83 of the Wrongs Act 1958 were excluded. S. 101(6) (6) Subsection (1) applies to the Extension inserted by No. 8/2019 corporation as if the reference to the principles s. 137. specified in section 83 of the Wrongs Act 1958 were excluded. S. 101(7) (7) Subsection (1) applies to a North East Link inserted by No. 18/2020 operator as if the reference to the principles s. 148. specified in section 83 of the Wrongs Act 1958 were excluded. S. 102 102 Limitations on liability of road authority inserted by No. 39/2004 s. 270(1). (1) Subject to this section, a road authority is not liable in any proceeding for damages, whether for breach of the statutory duty imposed by section 40 or for negligence, in respect of any alleged failure by the road authority— (a) to remove a hazard or to repair a defect or deterioration in a road; or (b) to give warning of a hazard, defect or deterioration in a road. Authorised by the Chief Parliamentary Counsel 132 Road Management Act 2004 No. 12 of 2004 Part 6—Civil liability (2) Subsection (1) does not apply if, at the time of the alleged failure, the road authority had actual knowledge of the particular risk the materialisation of which resulted in the harm. (3) For the purposes of subsection (2), the road authority is to be taken to have had actual knowledge of the particular risk if it is proven in the proceedings that the deterioration in the road had been reported in writing to the road authority under section 115. (4) This section does not affect any liability of a road authority arising out of a breach of the duty to inspect a public road imposed by section 40.

103 Policy defence S. 103 inserted by No. 39/2004 For the purposes of any proceeding to which this s. 270(1). Division applies, an act or omission which is in accordance with a policy— (a) determined by the relevant Minister under S. 103(a) amended by section 22 does not constitute a wrongful No. 17/2009 exercise or failure unless the policy is so s. 13(3)(a). unreasonable that no Minister in that Minister's position acting reasonably could have made that policy; (b) determined by the relevant road authority under section 39 does not constitute a wrongful exercise or failure unless the policy is so unreasonable that no road authority in that road authority's position acting reasonably could have made that policy. Notes 1. One of the ways in which a road authority may determine a policy with respect to its road management functions is by a road management plan: see section 52. 2. Section 27 enables a relevant Code of Practice to be used as evidence of the reasonableness of a road management plan. Authorised by the Chief Parliamentary Counsel 133 Road Management Act 2004 No. 12 of 2004 Part 6—Civil liability S. 104 104 Liability where duty to perform and discretionary inserted by power to remedy No. 39/2004 s. 270(1). For the purposes of proceedings relating to a claim arising out of a failure to exercise a road management function, if a person has a duty in relation to a matter and another person has a discretionary power to take remedial action in relation to that matter, only the person with the duty is liable in the proceedings. Example If particular infrastructure is not maintained in a safe condition and the relevant infrastructure manager has breached a duty to maintain that infrastructure under clause 6 of Schedule 7, the infrastructure manager would be liable in the proceedings not the coordinating road authority having a discretionary power to require that infrastructure manager to take remedial action. S. 105 105 Defence to prove that reasonable care was taken inserted by No. 39/2004 s. 270(1). S. 105(1) (1) In any proceeding against a road authority for amended by No. 74/2007 damages resulting from the performance or s. 78(1). non-performance of a road management function in respect of a public road it is a defence to prove that the road authority had taken such care as in all the circumstances was reasonably required to ensure that the relevant part of the public road was not dangerous for traffic. S. 105(2) (2) In any proceeding against an infrastructure amended by No. 74/2007 manager or works manager for damages resulting s. 78(2). from the performance or non-performance of a road management function in respect of non-road infrastructure it is a defence to prove that the infrastructure manager or works manager had taken such care as in all the circumstances was reasonably required to ensure that the relevant non-road infrastructure was not dangerous for traffic. Authorised by the Chief Parliamentary Counsel 134 Road Management Act 2004 No. 12 of 2004 Part 6—Civil liability (3) For the purposes of the defence referred to in subsection (1), a road authority is to be taken to have established the defence if the road authority proves to the satisfaction of the court that— (a) the road authority had a policy which addressed the matter which was a cause of the incident giving rise to the action; and (b) the road authority complied with the relevant part of the policy. Notes 1. One of the ways in which a road authority may determine a policy with respect to its road management functions is by a road management plan: see section 52. 2. Section 27 enables a relevant Code of Practice to be used as evidence of the reasonableness of a policy or road management plan. (4) The defence referred to in subsection (1) or (2) does not prejudice any other defence or the application of the law relating to contributory negligence.

106 Matters which may be considered to constitute S. 106 inserted by contributory negligence No. 39/2004 s. 270(1), If the issue of the contributory negligence of a amended by No. 5/2016 person, other than the road authority or an s. 14. infrastructure manager, is raised in any proceeding relating to a claim of negligence in relation to the performance of a road management function in respect of a road or infrastructure on a road, the court must consider whether any matter specified in section 17A(2A) of the Road Safety Act 1986 was a relevant factor. Authorised by the Chief Parliamentary Counsel 135 Road Management Act 2004 No. 12 of 2004 Part 6—Civil liability Pt 6 Div. 3 Division 3—Other liability (Heading and ss 107–111) inserted by No. 39/2004 s. 270(1). S. 107 107 Liability of road authority inserted by No. 39/2004 s. 270(1). A road authority does not have a statutory duty or a common law duty to perform road management functions in respect of a public highway which is not a public road or to maintain, inspect or repair the roadside of any public highway (whether or not a public road). S. 108 108 Road authority is not liable as an occupier inserted by No. 39/2004 s. 270(1). (1) For the avoidance of doubt, it is hereby declared that for the purposes of section 14B of the Wrongs Act 1958— (a) a road authority is not an occupier of a road; and (b) a road is not premises. (2) This section does not affect any liability arising under the Wrongs Act 1958 in relation to any building on the road reserve. S. 109 109 Liability in relation to fencing inserted by No. 39/2004 s. 270(1), Despite any Act or rule of law to the contrary, amended by neither the Crown nor a road authority is liable for No. 28/2009 s. 59. any damage that may be caused by reason of any road not being fenced in or fenced off. Note See clause 4 of Schedule 5. Authorised by the Chief Parliamentary Counsel 136 Road Management Act 2004 No. 12 of 2004 Part 6—Civil liability

110 Limits in relation to liability for property damages S. 110 inserted by (1) In this section— No. 39/2004 s. 270(1). property damages means any claim for damage to property or for economic loss caused by the condition of a road or infrastructure but does not include any damage or loss arising out of personal injury or death; Example Property damages would include a windscreen cracked by a loose stone or damage to a tyre caused by a pothole but would not include damage to a vehicle caused by an unsecured temporary barrier. tar damage means damage to a vehicle caused by tar, asphalt, bitumen or bituminous compounds; threshold amount means the amount of $1000 as varied under section 111; vehicle has the same meaning as in the Road Safety Act 1986. (2) For the purposes of the definition of property damages in subsection (1), the condition of a road or infrastructure does not include machinery, plant, tools or other equipment or materials of a road authority, infrastructure manager or works manager used for the construction, installation or maintenance of roads or infrastructure. Example The condition of a road or infrastructure would not include graders, excavators, temporary barriers, shovels, stockpiles of gravel or sand and pipes or poles that have not yet been installed. (3) A road authority is not liable for property damages where the value of the damage is equal to or less than the threshold amount. Authorised by the Chief Parliamentary Counsel 137 Road Management Act 2004 No. 12 of 2004 Part 6—Civil liability (4) The amount which may be recovered against a road authority in a claim for property damages which exceeds the threshold amount is to be reduced by the threshold amount. (5) A road authority is not liable for tar damage if the road authority has— (a) closed the road to traffic during works and for a reasonable period after the tar was applied; and (b) covered the portion of the road to which the tar was applied with gravel or stones or other appropriate material before re-opening the road to traffic. (6) For the purposes of determining a reasonable period under subsection (5), regard may be had to— (a) any relevant Code of Practice; (b) any relevant road management plan; (c) any policy; (d) the matters specified in paragraphs (a) to (e) of section 101(1). S. 111 111 Indexation provision inserted by No. 39/2004 s. 270(1). S. 111(1AA) (1AA) This section applies for the purposes of a financial inserted by No. 49/2019 year if the Minister determines that it applies for s. 181(1). the purposes of that year. S. 111(1) (1) The amount that is to apply for the purposes of amended by Nos 44/2014 section 110 is to be varied, in respect of the s. 33(Sch. financial year beginning on 1 July 2005 and each item 24), 21/2015 subsequent financial year, in accordance with the s. 3(Sch. 1 formula— item 46), 5/2016 s. 15. Authorised by the Chief Parliamentary Counsel 138 Road Management Act 2004 No. 12 of 2004 Part 6—Civil liability B A C where— "A" is the amount referred to in section 110. "B" is the all groups consumer price index for Melbourne in original terms for the most recent reference period in the preceding calendar year most recently published by the Australian Bureau of Statistics. "C" is the all groups consumer price index in original terms for Melbourne for the corresponding reference period one year earlier than the reference period referred to in B most recently published by the Australian Bureau of Statistics. (2) If it is necessary for the purposes of this section to calculate an amount that consists of or includes a fraction of a whole number, the amount is deemed to have been calculated in accordance with this section if the calculation is made— (a) if the amount is less than $1000, to the nearest whole $1; or (b) if the amount is $1000 or more, to the nearest whole $10. (3) If an amount is varied in accordance with this section, section 110 and this section have effect as if a reference to the amount were a reference to the amount as so varied. (4) If the variation of an amount to which this section applies by operation of this section has the effect of reducing the amount— (a) the variation is deemed not to have taken effect, except for the purposes of the application of this subsection; and Authorised by the Chief Parliamentary Counsel 139 Road Management Act 2004 No. 12 of 2004 Part 6—Civil liability (b) when the amount is varied and increased by operation of this section in respect of the next or a subsequent financial year that variation has effect as an increase only to the extent (if any) to which the amount of the increase exceeds the amount of the reduction in respect of a preceding financial year, or that part of such a reduction that has not been set off against a previous increase. S. 111(4A) (4A) If subsection (1) does apply for the purposes of a inserted by No. 49/2019 financial year, any increase in the amount s. 181(2). resulting from application of the formula in that subsection for the purposes of a subsequent financial year applies only to the amount currently in use for the purposes of section 110. (5) The Minister must cause a notice to be published in the Government Gazette specifying the amount as varied for the purposes of section 110 in respect of the relevant financial year. Division 4—Liability of persons other than road authorities

112 Right to recover for damage to road (1) This section applies if a road authority incurs extraordinary expenses in repairing a road that has been damaged as a result of the passage of extraordinary traffic or excessive mass along the road. (2) The road authority may recover damages in any court of competent jurisdiction from any person who was responsible for causing the traffic or weight to pass along the road. Authorised by the Chief Parliamentary Counsel 140 Road Management Act 2004 No. 12 of 2004 Part 6—Civil liability (3) Nothing in this section enables a road authority to recover damages from— (a) the Link corporation in respect of damage to a road arising because of the operation or effect of the Link road; or (b) the Extension corporation in respect of damage to a road arising because of the operation or effect of the Extension road; or (ba) the EastLink Corporation in respect of S. 112(3)(ba) inserted by damage to a road arising because of the No. 39/2004 operation or effect of EastLink; or s. 271, amended by No. 95/2005 s. 13(2)(c)(d). (bb) the Peninsula Link Freeway Corporation in S. 112(3)(bb) inserted by respect of damage to a road arising because No. 70/2012 of the operation or effect of the Peninsula s. 10. Link Freeway; or (bc) the West Gate Tunnel Corporation in respect S. 112(3)(bc) inserted by of damage to a road arising because of the No. 8/2019 operation or effect of the West Gate Tunnel s. 138. tollway; or (bd) the North East Link State Tolling S. 112(3)(bd) inserted by Corporation in respect of damage to a road No. 18/2020 arising because of the operation or effect of s. 149. the North East Link road; or (c) another road authority in respect of damage to a road arising because of the operation or effect of a road for which the road authority is responsible.

113 Duty of owner or occupier of adjoining land An owner or occupier of land adjoining a road has a duty of care to the relevant road authority, infrastructure managers, works managers and road users— Authorised by the Chief Parliamentary Counsel 141 Road Management Act 2004 No. 12 of 2004 Part 6—Civil liability (a) not to do anything on or in relation to the land which affects; or (b) not to allow the condition of the land to affect— the support the land provides to the road to the extent that the stability of the road, the safety of road users or the condition of any infrastructure on the road is affected. Division 5—Claims procedure

114 Purpose of Division The purpose of this Division is to facilitate a process for— (a) notifying the responsible road authority in relation to the condition of a public road which may require repair; (b) enabling condition reports to be prepared for use in legal proceedings; (c) the gathering of information for the analysis of the causes of accidents and the planning and implementation of road management and safety measures.

115 Notice of incident (1) If a person proposes to commence a proceeding in a court based on a claim in relation to an incident arising out of the condition of a public road or infrastructure, the person must give written notice of the incident to the responsible road authority within the prescribed period of the incident occurring. (2) In subsection (1), prescribed period means— (a) the period of 30 days; or Authorised by the Chief Parliamentary Counsel 142 Road Management Act 2004 No. 12 of 2004 Part 6—Civil liability (b) a longer period as may be prescribed either in respect of all cases or a specified case or class of cases. (3) A notice under subsection (1) must include the prescribed particulars so as to enable the responsible road authority to prepare a condition report under section 116. (4) If a person fails to give notice under this section and a report is not prepared under section 116, a court may in any proceeding based on a claim in relation to an incident arising out of the condition of a public road or infrastructure take the failure into account in deciding the weight to be given to evidence about that condition at the time of the incident having regard to— (a) the reason why notice was not given; (b) the length of the delay; (c) the extent of any prejudice caused to the road authority in the proceeding; (d) any other matter relevant in the interests of justice in the proceeding.

116 Preparation of condition report (1) Within 14 days of receiving a notice of an incident under section 115, the responsible road authority may cause an inspection to be carried out of the condition of the part of the public road or infrastructure specified in the notice. (2) Despite anything to the contrary in this Act, if a road authority considers it to be appropriate for the purposes of this section, the road authority may cause an inspection to be carried out of the condition of any road or infrastructure. Authorised by the Chief Parliamentary Counsel 143 Road Management Act 2004 No. 12 of 2004 Part 6—Civil liability (3) The responsible road authority may cause a report of the inspection to be prepared which includes— (a) a statement of the condition of the relevant part of the road or infrastructure and where appropriate photographs showing the condition of the site of the incident; (b) a reference to any relevant road management plan, policy or policy decision relating to the construction, maintenance or repair of the road or infrastructure; (c) a summary of, or any reference to, any records relating to the condition of the road or infrastructure from inspections and reports; (d) a summary of inspections, maintenance and repairs of that part of the road or infrastructure conducted in the period of 12 months before the incident; (e) any other matters prescribed for the purposes of this section. S. 116(4) (4) In the case of report prepared under subsection amended by No. 81/2006 (3), a copy of the report must be provided to the s. 56. person who gave the notice under section 115 as soon as is reasonably practicable. (5) A copy of a report certified by the road authority is admissible as evidence of the matters specified in the report in any legal proceeding in relation to an incident arising out of the condition of a road or infrastructure. Authorised by the Chief Parliamentary Counsel 144 Road Management Act 2004 No. 12 of 2004 Part 7—General Part 7—General

117 Power of Ministers to delegate (1) The Minister may by instrument delegate to any person any function or power of the Minister under this Act or under the regulations other than this power of delegation. (2) A relevant Minister may by instrument delegate to S. 117(2) amended by any person any function or power of the relevant No. 17/2009 Minister under this Act or under the regulations s. 13(3)(a). other than this power of delegation.

118 Power of road authority to delegate (1) A road authority may by instrument delegate to any person any function or power of the road authority under this Act or any other Act or under the regulations other than this power of delegation. (2) A road authority may by instrument delegate to another road authority any function or power of the road authority under this Act or any other Act or under the regulations including, subject to subsection (3), this power of delegation. (3) A road authority to which a function or power has been delegated under subsection (2), may, subject to and in accordance with the instrument of delegation under subsection (2), by instrument delegate to another person that function or power. (4) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation under subsection (3) as if it were a delegation. (5) The power conferred by subsection (2) is not affected by any requirement under this Act or any other Act or under the regulations that the road authority making the delegation must consult with, or consider any report or advice from, the Authorised by the Chief Parliamentary Counsel 145 Road Management Act 2004 No. 12 of 2004 Part 7—General road authority to which the function or power is to be delegated. S. 119 119 Power of the Head, Transport for Victoria to (Heading) amended by perform road management functions on roads No. 49/2019 s. 183(Sch. 3 item 30). S. 119(1) (1) Subject to this section, the Head, Transport for amended by No. 49/2019 Victoria may perform any road management s. 183(Sch. 3 function under this Act on any road— item 31). (a) for the purposes of facilitating road safety and traffic management in relation to access to or from a freeway or arterial road; or S. 119(1)(b) (b) in relation to a project assigned to the Head, amended by No. 49/2019 Transport for Victoria by the Minister. s. 183(Sch. 3 item 31). S. 119(2) (2) Before performing a road management function in amended by No. 49/2019 accordance with this section, the Head, Transport s. 183(Sch. 3 for Victoria must consult the relevant responsible item 31). road authority. S. 119A 119A Removal of stationary vehicles inserted by No. 24/2005 s. 19. S. 119A(1) (1) The Head, Transport for Victoria may move or amended by Nos 70/2016 cause to be moved from a freeway or any other s. 5(1), road in respect of which the Head, Transport for 49/2019 s. 183(Sch. 3 Victoria is the coordinating road authority any item 32(a)). vehicle— (a) that is parked or left standing on that road contrary to any law; or Authorised by the Chief Parliamentary Counsel 146 Road Management Act 2004 No. 12 of 2004 Part 7—General (b) that in the opinion of the Head, Transport for S. 119A(1)(b) Victoria— amended by No. 49/2019 (i) is, or is likely to be or to cause, a s. 183(Sch. 3 item 32(a)(ii)). danger to other road users; or (ii) is causing, or is likely to cause, traffic congestion; or (c) that is disabled or damaged. Note Note to s. 119A(1) Under section 19, the Head, Transport for Victoria must inserted by keep a register of public roads that specifies the public roads No. 70/2016 s. 5(2), in respect of which it is the coordinating road authority. amended by No. 49/2019 s. 183(Sch. 3 item 32(b)). (2) A person acting in accordance with subsection (1)— (a) may enter a vehicle using, if necessary, reasonable force, for the purpose of conveniently or expeditiously moving it; and (b) may move the vehicle to the nearest S. 119A(2)(b) amended by convenient place; and No. 93/2009 s. 26(a). (c) may store the vehicle. S. 119A(2)(c) inserted by No. 93/2009 s. 26(b). * * * * * S. 119A(3) repealed by No. 95/2005 s. 36(3). (4) The Head, Transport for Victoria may recover S. 119A(4) amended by from the owner of a vehicle moved or stored No. 49/2019 under this section any reasonable costs incurred in s. 183(Sch. 3 item 32(c)). moving or storing it. Authorised by the Chief Parliamentary Counsel 147 Road Management Act 2004 No. 12 of 2004 Part 7—General (5) In this section vehicle includes anything attached to, within, or on, the vehicle. S. 119B 119B Removal of abandoned property inserted by No. 24/2005 s. 19, amended by No. 93/2009 s. 27 (ILA s. 39B(1)). S. 119B(1) (1) The Head, Transport for Victoria may remove or amended by No. 49/2019 cause to be removed any thing on a freeway or s. 183(Sch. 3 other road to which section 119A applies that item 33). appears to have been abandoned. S. 119B(2) (2) The Head, Transport for Victoria may recover inserted by No. 93/2009 from the owner of any thing removed under this s. 27(2), section any reasonable costs incurred in removing amended by No. 49/2019 it. s. 183(Sch. 3 item 33).

120 Power of road authority to perform road management functions on arterial road S. 120(1) (1) Subject to this section, a road authority other than amended by No. 49/2019 the Head, Transport for Victoria may exercise any s. 183(Sch. 3 road management functions under this Act on an item 34). arterial road for the purposes of facilitating road safety and traffic management in relation to access to or from the arterial road. S. 120(2) (2) Before performing a road management function in amended by No. 49/2019 accordance with this section, the road authority s. 183(Sch. 3 must obtain the consent of the Head, Transport for item 34). Victoria to the proposed exercise of the power.

121 Agreement to conduct additional works (1) A road authority may enter into an agreement with the owner or occupier of land adjacent to a road or the developer of nearby land or any other person for the performance of works on a road which may benefit that person. Authorised by the Chief Parliamentary Counsel 148 Road Management Act 2004 No. 12 of 2004 Part 7—General (2) An agreement under this section may include provisions relating to— (a) payment for the conduct of the works; (b) future arrangements in respect of ongoing maintenance and risk allocation. (3) An agreement under this section is enforceable. (4) If a road authority is the responsible authority under the Planning and Environment Act 1987, provisions of an agreement for the purposes of this section may be incorporated into an agreement under section 173 of that Act.

122 Power to charge fees (1) If authorised under the regulations, a road authority may charge and recover reasonable fees for— (a) considering an application for an approval, permit or consent; (b) carrying out an inspection in connection with an application for an approval, permit or consent; (c) issuing an approval, permit or consent; (d) issuing a certificate. (2) The amount of a fee must not exceed the amount prescribed or determined in accordance with the regulations.

123 Power to charge for services (1) A road authority may charge for any service the road authority provides under this Act. (2) Without limiting the generality of subsection (1), the services for which a road authority may charge include— Authorised by the Chief Parliamentary Counsel 149 Road Management Act 2004 No. 12 of 2004 Part 7—General (a) supplying a service, product or commodity; (b) giving information. (3) A road authority can not charge for services in a manner that is inconsistent with the regulations. S. 124 124 Evidentiary provisions amended by No. 49/2019 s. 183(Sch. 3 In any proceedings a certificate purporting to be item 35). issued by the Chief Executive (however described) of a road authority or the Head, Transport for Victoria, as the case requires, certifying— (a) that a specified location, area or road was or was not at a specified time or period a road or public road or of a specified classification; or (b) that a specified location or area did or did not at a specified time or period form part of a road or public road in respect of which the road authority was the responsible road authority or coordinating road authority; or (c) that a specified road is or is not registered on the register of public roads of the road authority; or (d) that a specified location or area was or was not at a specified time or period a roadway, pathway, roadside or ancillary area; or (e) as to a specified matter or thing that— (i) was or was not at a specified time or period recorded on the register of public roads or other records of the road authority; or (ii) can be determined or calculated from the register of public roads or other records of the road authority; or Authorised by the Chief Parliamentary Counsel 150 Road Management Act 2004 No. 12 of 2004 Part 7—General (f) that a specified document is a condition report; or (g) that a specified document is an extract from a register of public roads or other records of the road authority; or (h) that a specified document is a road management plan; or (i) that a specified document contains or sets out a policy or policy decision determined in accordance with section 39— is evidence of the matters stated in the certificate and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.

125 Resolution of disputes (1) Any dispute arising under this Act between 2 or S. 125(1) amended by more road authorities is to be determined by the No. 17/2009 relevant Minister or his or her nominee or the s. 13(3)(a)(b). relevant Ministers or their joint nominees. (2) Any dispute arising under this Act between a road S. 125(2) amended by authority and a utility is to be determined by the No. 17/2009 relevant Minister and the relevant utility Minister s. 13(3)(a). or their joint nominees having regard to the works and infrastructure management principles. (3) Any dispute arising under this Act between a road S. 125(3) amended by authority and a provider of public transport is to Nos 17/2009 be determined by the relevant Minister and the s. 13(3)(a), 6/2010 Minister administering the Transport s. 203(1) Integration Act 2010 or their joint nominees. (Sch. 6 item 41.6) (as amended by No. 45/2010 s. 22). (4) A Code of Practice may provide for mechanisms, processes and procedures which may be adopted for the purposes of this section. Authorised by the Chief Parliamentary Counsel 151 Road Management Act 2004 No. 12 of 2004 Part 7—General

126 Review of decision (1) A person who is affected by a decision made under clause 2 of Schedule 2 may within 28 days of the day on which the decision is made apply to the Tribunal for review of the road authority's decision. (2) A person who is affected by a decision referred to in clause 5(3) of Schedule 2 may within 28 days of the day on which the notice is published under clause 5 of Schedule 2 apply to the Tribunal for review of the road authority's decision. (3) In determining an application for review under subsection (1), the Tribunal must take into account any relevant policy which applies under clause 3 of Schedule 2.

127 Compensation payable by a road authority in certain circumstances S. 127(1) (1) This section applies in addition to any other amended by No. 81/2006 provision of this Act relating to compensation s. 57. payable by a road authority if the effect of the construction of a freeway or a decision under clause 2 of Schedule 2 is that existing access to any land is denied. (2) Compensation is not payable under this section if— (a) there is adequate existing alternative access to the land; or (b) the road authority provides, or agrees to provide, adequate alternative access to the land; or (c) if a policy was in force under clause 3 of Schedule 2 before a proposed development of the land had commenced and the need for access which has been denied relates to the proposed development; or Authorised by the Chief Parliamentary Counsel 152 Road Management Act 2004 No. 12 of 2004 Part 7—General (d) the road authority has instituted compulsory acquisition procedures under the Land Acquisition and Compensation Act 1986; or (e) a claim for compensation is not served on the road authority within one year of the completion of the construction or the making of the decision. (3) For the purposes of determining whether alternative access to the land is adequate, no regard is to be had as to which stream of traffic has access to the land. (4) Compensation is to be determined on the basis of the diminution in the value of the land to which access is denied as a direct result of the loss of access to that land. (5) Parts 10 and 11 and section 37 of the Land Acquisition and Compensation Act 1986, with any necessary modifications, apply to the determination of compensation under this section as if the claim were a claim under section 37 of that Act.

128 Abrogation of obsolete common law road classifications The distinction at common law between carriageways, footways and bridleways as it applies in relation to roads on Crown land or freehold land vested in a Commonwealth public authority, a State public authority or a municipal council is abrogated by virtue of this section.

129 Partial abrogation of "ratione tenure" rule S. 129 inserted by No. 39/2004 (1) The Crown or a road authority is not liable for the s. 272(1). maintenance of a road on Crown land or freehold land owned by the road authority only by reason of tenure over the land. Authorised by the Chief Parliamentary Counsel 153 Road Management Act 2004 No. 12 of 2004 Part 7—General (2) This section does not limit the operation of section 40. S. 130 130 Obstruction of navigable rivers amended by No. 41/2020 s. 12. Subject to compliance with any requirement under any Act, a bridge or tunnel constructed across navigable waters or on behalf of a road authority, the State or a relevant State body forming part of a public road is a lawful obstruction at common law of the navigable waters. S. 131 * * * * * repealed by No. 39/2004 s. 273.

132 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) Without limiting the generality of subsection (1), the regulations may make provision for or with respect to— (a) excluding or removing persons, animals or vehicles from roads or other property owned or occupied by a road authority; S. 132(2)(ab) (ab) removing or relocating from a road or other inserted by No. 93/2009 property owned or occupied by a road s. 28(1). authority any thing that poses or may pose a risk to the safety of road users or the community; (b) prohibiting or regulating parking on a road or road reserve; (c) prescribing the persons permitted to leave vehicles standing on a road, road reserve or ancillary area and the periods for which and Authorised by the Chief Parliamentary Counsel 154 Road Management Act 2004 No. 12 of 2004 Part 7—General the conditions under which the vehicles may be left standing; (d) the placing by persons of refuse, rubbish or other materials on a road, road reserve or ancillary area or other property owned or occupied by a road authority and the recovery from those persons of the cost of removal of the refuse, rubbish or other materials; (e) excavations on, or digging up of, a road reserve or ancillary area and the recovery of the cost of rectification; (f) noise and other emissions from a road or road reserve; (g) regulating the conduct of anyone in or on S. 132(2)(g) substituted by any land or premises, or vehicle, owned or No. 110/2004 under the control of a road authority, or on a s. 20(a). public road or in a construction zone; (h) preventing interference with or damage to a S. 132(2)(h) amended by roadway, pathway, road reserve, construction No. 110/2004 zone, ancillary area or infrastructure on a s. 20(b). road; (i) the removal of dead animals or of vehicles abandoned or left standing on a road and the recovery of the cost of removal and regulating the storage and disposal of vehicles abandoned or left standing and the passing of title therein; (j) prohibiting or regulating the use of a road by vehicles having a specified mass or dimension (including axle load) or of a specified type or having specified characteristics; (k) the protection of roads, construction zones S. 132(2)(k) amended by and infrastructure on roads; No. 110/2004 s. 20(c). Authorised by the Chief Parliamentary Counsel 155 Road Management Act 2004 No. 12 of 2004 Part 7—General (l) regulating or prohibiting the construction of hoardings or the placing and exhibition of advertisements on or in the vicinity of roads; (m) keeping a roadway or pathway clear of vegetation and other things which may interfere with the use of the roadway or pathway; (n) regulating or prohibiting the complete or partial removal of, or damage to, a plant growing in a road reserve or the seeds of the plant; S. 132(2)(na) (na) controlling or removing vegetation, whether inserted by No. 93/2009 growing or dead, in a road reserve that may s. 28(2). pose a risk to the safety of road users or the community; (o) prohibiting or regulating the taking or riding of an animal on a road or road reserve; S. 132(2)(p) (p) preventing a municipal council from sealing, amended by No. 49/2019 or causing to be sealed, a plan of subdivision s. 183(Sch. 3 of land abutting an existing or proposed item 36). freeway or controlled access road except with the written consent of the Head, Transport for Victoria; (q) the manner of entering, crossing or leaving a freeway or controlled access road; (r) preventing obstructions and removing vehicles on a freeway or arterial road and the recovery of the cost of prevention or removal; (s) prohibiting climbing, or prohibiting or regulating jumping or rappelling, on, from or onto, a bridge on or over a freeway or arterial road; Authorised by the Chief Parliamentary Counsel 156 Road Management Act 2004 No. 12 of 2004 Part 7—General (t) regulating the use of road reserves and requiring the payment of charges approved by the Minister to be paid by persons using road reserves or facilities provided on road reserves; (ta) coordinating the use of a road reserve if 2 or S. 132(2)(ta) inserted by more of any of the following have road No. 93/2009 management functions in relation to the road s. 28(3). reserve— (i) a road authority; (ii) a utility; (iii) a provider of public transport; (iv) an infrastructure manager; (v) a works manager; (u) regulating or prohibiting specific types of traffic on a freeway, including regulating or prohibiting the movement of vehicles and activities associated with vehicles or the carriage of specified goods by vehicles; (v) generally any matter relating to the control, management and proper use of roads; (w) specifying an offence under the regulations S. 132(2)(w) amended by to be a road management infringement and No. 110/2004 stating the penalty for that road management s. 20(d). infringement; (x) conferring a right of appeal or review to a S. 132(2)(x) inserted by specified court or tribunal against any No. 110/2004 decision of a road authority under the s. 20(e). regulations and prescribing the procedures to be followed in relation to those appeals or reviews. Authorised by the Chief Parliamentary Counsel 157 Road Management Act 2004 No. 12 of 2004 Part 7—General (3) Subject to subsections (4) and (5), regulations made under this Act may provide for— (a) exemptions from requirements under this Act to obtain consent from a coordinating road authority; (b) exemptions from requirements under this Act to give notice to a coordinating road authority; (c) restrictions on the powers of a coordinating road authority to impose conditions on any consent; S. 132(3)(ca) (ca) circumstances in which, or conditions inserted by No. 17/2009 subject to which, the powers of a s. 24(1). coordinating road authority to impose conditions on any consent may be exercised; (d) the variation of the period within which notice of completion of works is to be given under clause 13 of Schedule 7; (e) a period of business days for the purposes of clause 17 of Schedule 7. (4) The objective of Regulations to be made under this Act for the purposes of subsection (3) is to— (a) establish a process for the exercise of powers in respect of the management of infrastructure and works on road reserves which is consistent with the works and infrastructure management principles; (b) provide for the exemption from consent requirements of classes of infrastructure and works which do not have significant impacts on road safety, traffic or other infrastructure. S. 132(5) (5) The Minister must ensure that there is consultation amended by No. 17/2009 with the Infrastructure Reference Panel before s. 11(7). regulations are made under this Act for the purposes of subsection (3). Authorised by the Chief Parliamentary Counsel 158 Road Management Act 2004 No. 12 of 2004 Part 7—General (6) A power conferred by this Act to make regulations may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and (b) so as to make, as respects the cases in relation to which it is exercised— (i) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or (ii) any such provision either unconditionally or subject to any specified condition. (7) Regulations made under this Act may be made— (a) so as to apply— (i) at all times or at a specified time; or (ii) throughout the whole of the State or in a specified part of the State; or (iii) as specified in both subparagraphs (i) and (ii); and (b) so as to require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or body or a specified class of persons or bodies; and Authorised by the Chief Parliamentary Counsel 159 Road Management Act 2004 No. 12 of 2004 Part 7—General (c) so as to 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— (i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time; and S. 132(7)(d) (d) so as to leave any matter or thing to be from amended by No. 17/2009 time to time determined, applied, dispensed s. 13(3)(a). with or regulated by a road authority or a relevant Minister; and (e) so as to confer powers or impose duties in connection with the regulations on a road authority; and (f) so as to apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act as in force at a particular time; and (g) so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from specified provisions of this Act and any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and (h) so as to impose a penalty not exceeding 20 penalty units for a contravention of the regulations. Authorised by the Chief Parliamentary Counsel 160 Road Management Act 2004 No. 12 of 2004 Part 7—General (8) If under subsection (7)(c)(iii) a regulation 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 to have not been so amended. (9) A power conferred by this Act to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters— (a) specific fees; (b) maximum or minimum fees; (c) maximum and minimum fees; (d) scales of fees according to the value of goods or services provided for the fees; (e) the payment of fees either generally or under specified conditions or in specified circumstances; (f) the reduction, waiver or refund, in whole or in part, of the fees. (10) If under subsection (9)(f) regulations provide for a reduction, waiver or refund, in whole or in part, of a fee, the reduction, waiver or refund may be expressed to apply either generally or specifically— (a) in respect of certain matters or transactions or classes of matters or transactions; or Authorised by the Chief Parliamentary Counsel 161 Road Management Act 2004 No. 12 of 2004 Part 7—General (b) in respect of certain documents or classes of documents; or (c) when an event happens; or (d) in respect of certain persons or classes of persons; or (e) in respect of any combination of matters, transactions, documents, events or persons— and may be expressed to apply subject to specified conditions or in the discretion of any specified person or body. S. 132(10A) (10A) Any regulations made under this Act for or with inserted by No. 51/2014 respect to the issuing of film permits must not be s. 9(Sch. 2 inconsistent with the film friendly principles. item 15.3). (11) For the purposes of this section and any regulations made under this section, road includes a road which is being constructed. (12) Subject to subsection (13), regulations made under this section may revoke the Transport (Roads and Property) Regulations 1993 (S.R. No. 268/1993). (13) If the Transport (Roads and Property) Regulations 1993 have not been revoked before

20 December 2004, the Transport (Roads and Property) Regulations 1993 are revoked on

1 January 2005 and section 5 of the Subordinate Legislation Act 1994 does not apply to the Transport (Roads and Property) Regulations 1993.

133 Application of regulations to Link road and Extension road (1) Regulations which may be made under this Act in respect of a freeway may be made in respect of the Link road or the Extension road in accordance with this section. Authorised by the Chief Parliamentary Counsel 162 Road Management Act 2004 No. 12 of 2004 Part 7—General (2) For the purpose of this section— (a) a reference in section 132 to a road is to be construed as a reference to the Link road or the Extension road; (b) a power which may be conferred on the S. 133(2)(b) amended by Head, Transport for Victoria to recover No. 49/2019 damages is to be taken to enable power to be s. 183(Sch. 3 item 37). conferred on the Extension corporation or the Link corporation to recover damages; (c) a reference to the property of the Head, S. 133(2)(c) amended by Transport for Victoria is to be construed as a No. 49/2019 reference to the property of the Extension s. 183(Sch. 3 item 37). corporation or the Link corporation; (d) a discretionary power which may be S. 133(2)(d) amended by conferred on the Head, Transport for No. 49/2019 Victoria may be conferred on the Extension s. 183(Sch. 3 item 37). corporation or the Link corporation.

133A Application of regulations to EastLink S. 133A (Heading) amended by No. 95/2005 s. 13(2)(e). S. 133A inserted by No. 39/2004 s. 274. (1) Regulations which may be made under this Act in S. 133A(1) amended by respect of a freeway may be made in respect of No. 95/2005 EastLink in accordance with this section. s. 13(2)(d). (2) For the purpose of this section— (a) a reference in section 132 to a road is to be S. 133A(2)(a) amended by construed as a reference to EastLink; No. 95/2005 s. 13(2)(d). Authorised by the Chief Parliamentary Counsel 163 Road Management Act 2004 No. 12 of 2004 Part 7—General S. 133A(2)(b) (b) a power which may be conferred on the amended by Head, Transport for Victoria to recover Nos 95/2005 s. 13(2)(c), damages is to be taken to enable power to be 49/2019 conferred on the EastLink Corporation to s. 183(Sch. 3 item 38). recover damages; S. 133A(2)(c) (c) a reference to the property of the Head, amended by Nos 95/2005 Transport for Victoria is to be construed as a s. 13(2)(c), reference to the property of the EastLink 49/2019 s. 183(Sch. 3 Corporation; item 38). S. 133A(2)(d) (d) a discretionary power which may be amended by Nos 95/2005 conferred on the Head, Transport for s. 13(2)(c), Victoria may be conferred on the EastLink 49/2019 s. 183(Sch. 3 Corporation. item 38). S. 133B 133B Application of regulations to Peninsula Link inserted by No. 70/2012 Freeway s. 11. (1) Regulations which may be made under this Act in respect of a freeway may be made in respect of the Peninsula Link Freeway in accordance with this section. (2) For the purpose of this section— (a) a reference in section 132 to a road is to be construed as a reference to the Peninsula Link Freeway; S. 133B(2)(b) (b) a power which may be conferred on the amended by No. 49/2019 Head, Transport for Victoria to recover s. 183(Sch. 3 damages is to be taken to enable power to be item 39). conferred on the Peninsula Link Freeway Corporation to recover damages; S. 133B(2)(c) (c) a reference to the property of the Head, amended by No. 49/2019 Transport for Victoria is to be construed as a s. 183(Sch. 3 reference to the property of the Peninsula item 39). Link Freeway Corporation; Authorised by the Chief Parliamentary Counsel 164 Road Management Act 2004 No. 12 of 2004 Part 7—General (d) a discretionary power which may be S. 133B(2)(d) conferred on the Head, Transport for amended by No. 49/2019 Victoria may be conferred on the Peninsula s. 183(Sch. 3 Link Freeway Corporation. item 39).

133C Application of regulations to West Gate Tunnel S. 133C inserted by tollway No. 8/2019 s. 139. (1) Regulations which may be made under this Act in respect of a freeway may be made in respect of the West Gate Tunnel tollway in accordance with this section. (2) For the purposes of this section— (a) a reference in section 132 to a road is to be construed as a reference to the West Gate Tunnel tollway; and (b) a power which may be conferred on a road authority to recover damages is to be taken to enable power to be conferred on the West Gate Tunnel Corporation to recover damages; and (c) a reference to the property of a road authority is to be construed as a reference to the property of the West Gate Tunnel Corporation; and (d) a discretionary power which may be conferred on a road authority may be conferred on the West Gate Tunnel Corporation.

133D Application of regulations to North East Link road S. 133D inserted by No. 18/2020 (1) Regulations which may be made under this Act in s. 150. respect of a freeway may be made in respect of the North East Link road in accordance with this section. Authorised by the Chief Parliamentary Counsel 165 Road Management Act 2004 No. 12 of 2004 Part 7—General (2) For the purposes of this section— (a) a reference in section 132 to a road is to be construed as a reference to the North East Link road; and (b) a power which may be conferred on a road authority to recover damages is to be taken to enable power to be conferred on the North East Link State Tolling Corporation to recover damages; and (c) a reference to the property of a road authority is to be construed as a reference to the property of the North East Link State Tolling Corporation; and (d) a discretionary power which may be conferred on a road authority may be conferred on the North East Link State Tolling Corporation. S. 134 134 Application of Act in respect of the Link road and amended by No. 49/2019 Extension road s. 183(Sch. 3 item 40), (1) This Act applies in respect of the Link road and substituted by No. 8/2019 the Extension road in accordance with this section s. 140 (as and section 134AA. amended by No. 49/2019 (2) Subject to this section, the Link corporation is, in s. 171). respect of the Link road and the Extension corporation is, in respect of the Extension road, the coordinating road authority for the purposes of sections 19, 48(3) and 63(1) and clauses 7, 12 and 13 and Part 2 of Schedule 7. (3) Subject to subsection (2) and section 134AA, the Head, Transport for Victoria has the powers and functions of a coordinating road authority in respect of the Link road if so requested by the Link corporation and in respect of the Extension road if so requested by the Extension corporation. Authorised by the Chief Parliamentary Counsel 166 Road Management Act 2004 No. 12 of 2004 Part 7—General (4) The functions and powers of an authorised officer appointed by the Secretary extend in respect of the Link road if so requested by the Link corporation in accordance with an arrangement between the Link corporation and the Secretary. (5) The functions and powers of an authorised officer appointed by the Secretary extend in respect of the Extension road if so requested by the Extension corporation in accordance with an arrangement between the Extension corporation and the Secretary. (6) A direction to the Link corporation or the Extension corporation under section 22 must not be inconsistent with the Melbourne City Link Act 1995 or the Agreement or the Extension Agreement (as the case requires). (7) A Code of Practice under section 28 in its application to the Link corporation or the Extension corporation must not be inconsistent with the Melbourne City Link Act 1995 or the Agreement or the Extension Agreement (as the case requires). (8) A determination under section 41 must not be inconsistent with the Melbourne City Link Act 1995 or the Agreement or the Extension Agreement. (9) Section 66 does not apply to the Link road or the Extension road if the placing of the structure, device, hoarding, advertisement, sign or bill is permitted under the Melbourne City Link Act 1995 or the Agreement or the Extension Agreement (as the case requires). (10) Section 96 applies to the Link road and the Extension road as if the Head, Transport for Victoria were the relevant road authority. Authorised by the Chief Parliamentary Counsel 167 Road Management Act 2004 No. 12 of 2004 Part 7—General (11) Sections 11, 12, 13, 14, 15, 18, 36, 38(1)(d), 39, 105(3), 118, 119, 120, 123 and 127 and clauses 2 and 3 of Schedule 2 and clauses 1, 2, 3, 5, 8, 9, 11 and 12 of Schedule 5 do not apply to the Link road or the Extension road or the Link corporation or the Extension corporation. (12) Clauses 1, 4, 5, 6, 7, 9, 10, 11, 12, 13 and 14 of Schedule 4 apply to the Link corporation in respect of the Link road as if the Link corporation were the responsible State road authority. (13) Clauses 1, 4, 5, 6, 7, 9, 10, 11, 12, 13 and 14 of Schedule 4 apply to the Extension corporation in respect of the Extension road as if the Extension corporation were the responsible State road authority. (14) Clause 10(1) of Schedule 5 applies to the Link road or the Extension road as if the reference to infrastructure did not include road-related infrastructure installed in accordance with the Agreement or the Extension Agreement (as the case requires). (15) The power to— (a) cause to be removed, destroyed or blocked a means of access to a freeway constructed, formed or laid out without the consent of the road authority; and (b) cause to be erected and maintained, fences, posts or other obstructions along a freeway or along or across an entrance, approach or means of access to a freeway for the purpose of preventing access to a freeway— which is conferred on the Head, Transport for Victoria in relation to a freeway is conferred on the Link corporation in respect of the Link road and the Extension corporation in respect of the Extension road. Authorised by the Chief Parliamentary Counsel 168 Road Management Act 2004 No. 12 of 2004 Part 7—General

134AA Application of Schedule 7 in respect of the Link S. 134AA road and the Extension road inserted by No. 8/2019 (1) Schedule 7 applies in respect of the Link road and s. 141. the Extension road as modified by this section. (2) Clause 8 applies as if after subclause (4) there were inserted— "(5) Subclause (1) does not apply to the carrying out of routine maintenance and inspection work. (6) For the purposes of this clause, work is not routine maintenance and inspection work if it requires traffic management measures in order to be conducted safely.". (3) Clause 14 applies as if after subclause (1) there were inserted— "(1A) The Link corporation and the Extension corporation must have regard to the principles specified in this clause in the provision of road infrastructure.". (4) Clause 14 applies as if for subclause (2) there were substituted— "(2) The Link road and the Extension road must be managed as far as is reasonably practicable in such a way as to minimise any adverse effects on— (a) the use of the Link road or the Extension road by members of the public; and (b) the provision of services by a Utility.". (5) Clause 14(3) applies as if after paragraph (g) there were inserted— "(h) minimise any damage to non-road infrastructure; Authorised by the Chief Parliamentary Counsel 169 Road Management Act 2004 No. 12 of 2004 Part 7—General (i) minimise any risk to the property of Utilities; (j) ensure that the non-road infrastructure is reinstated as nearly as practicable to the condition existing before the works necessary for the provision of the road infrastructure were conducted.". (6) Clause 16(5) applies as if the reference to the works and infrastructure management principles were a reference to clause 14(2). (7) Clause 16 applies as if after subclause (8) there were inserted— "(8A) Conditions to which a consent is given under this clause may require an applicant to compensate the Link corporation or the Extension corporation for economic loss, subject to compliance with any prescribed requirements for the negotiation and resolution of disputes in relation to compensation, but must not require the applicant to pay any form of penalty.". (8) Clause 17 applies as if after subclause (4) there were inserted— "(4A) A Code of Practice applying to the Link road or the Extension road must not be inconsistent with the Melbourne City Link Act 1995 or the Agreement or the Extension Agreement (as the case requires).". S. 134A 134A Application of Act in respect of the EastLink and (Heading) amended by EastLink Corporation No. 95/2005 s. 13(2)(e)(f). S. 134A inserted by No. 39/2004 s. 275. S. 134A(1) (1) This Act applies in respect of EastLink in amended by No. 95/2005 accordance with this section and section 134B. s. 13(2)(d). Authorised by the Chief Parliamentary Counsel 170 Road Management Act 2004 No. 12 of 2004 Part 7—General (2) Subject to this section, the EastLink Corporation S. 134A(2) is, in respect of EastLink, the coordinating road amended by Nos 14/2005 authority for the purposes of sections 19, 48(3) s. 33(2), and 63(1) and clauses 7, 12 and 13 and Part 2 of 95/2005 s. 13(2)(c)(d), Schedule 7. 55/2013 s. 26(4). (3) Subject to subsection (2) and section 134B, the S. 134A(3) amended by Head, Transport for Victoria has the powers and Nos 95/2005 functions of a coordinating road authority in s. 13(2)(c)(d), 55/2013 respect of EastLink if so requested by the s. 26(4), EastLink Corporation. 49/2019 s. 183(Sch. 3 item 41(a)). (4) The functions and powers of an authorised officer S. 134A(4) amended by appointed by the Secretary extend in respect of Nos 95/2005 EastLink if so requested by the EastLink s. 13(2)(c)(d), 49/2019 Corporation in accordance with an arrangement s. 183(Sch. 3 between the EastLink Corporation and the item 41(b)). Secretary. (5) A direction to the EastLink Corporation under S. 134A(5) amended by section 22 must not be inconsistent with the No. 95/2005 EastLink Project Act 2004 or the EastLink s. 13(2)(a)–(c). Agreement. (6) A Code of Practice under section 28 in its S. 134A(6) amended by application to the EastLink Corporation must No. 95/2005 not be inconsistent with the EastLink Project s. 13(2)(a)–(c). Act 2004 or the EastLink Agreement. (7) A determination under section 41 must not be S. 134A(7) amended by inconsistent with the EastLink Project Act 2004 No. 95/2005 or the EastLink Agreement. s. 13(2)(a)(b). (8) Section 66 does not apply to EastLink if the S. 134A(8) amended by placing of the structure, device, hoarding, No. 95/2005 advertisement, sign or bill is permitted under the s. 13(2) (a)(b)(d). EastLink Project Act 2004 or the EastLink Agreement. Authorised by the Chief Parliamentary Counsel 171 Road Management Act 2004 No. 12 of 2004 Part 7—General S. 134A(9) (9) Section 96 applies to EastLink as if the Head, amended by Transport for Victoria were the relevant road Nos 95/2005 s. 13(2)(d), authority. 49/2019 s. 183(Sch. 3 item 41(a)). S. 134A(10) (10) Sections 11, 12, 13, 14, 15, 18, 36, 38(1)(d), 39, amended by No. 95/2005 105(3), 118, 119, 120, 123 and 127 and clauses 2 s. 13(2)(c)(d). and 3 of Schedule 2 and clauses 1, 2, 3, 5, 8, 9, 11 and 12 of Schedule 5 do not apply to EastLink or the EastLink Corporation. S. 134A(11) (11) Clauses 1, 4, 5, 6, 7, 9, 10, 11, 12, 13 and 14 of amended by No. 95/2005 Schedule 4 apply to the EastLink Corporation in s. 13(2)(c)(d). respect of EastLink as if the EastLink Corporation were the responsible State road authority. S. 134A(12) (12) Clause 10(1) of Schedule 5 applies to EastLink as amended by No. 95/2005 if the reference to infrastructure did not include s. 13(2)(a)(d). road-related infrastructure installed in accordance with the EastLink Agreement. S. 134A(13) (13) The power to— amended by Nos 95/2005 s. 13(2)(c)(d), (a) cause to be removed, destroyed or blocked a 49/2019 means of access to a freeway constructed, s. 183(Sch. 3 item 41(a)). formed or laid out without the consent of the road authority; and (b) cause to be erected and maintained fences, posts or other obstructions along a freeway or along or across an entrance, approach or means of access to a freeway for the purpose of preventing access to a freeway— which is conferred on the Head, Transport for Victoria in relation to a freeway is conferred on the EastLink Corporation in respect of EastLink. Authorised by the Chief Parliamentary Counsel 172 Road Management Act 2004 No. 12 of 2004 Part 7—General

134B Application of Schedule 7 in respect of the EastLink S. 134B (Heading) amended by No. 95/2005 s. 13(2)(e). S. 134B inserted by No. 39/2004 s. 275. (1) Schedule 7 applies in respect of EastLink as S. 134B(1) amended by modified by this section. No. 95/2005 s. 13(2)(d). (2) Clause 8 applies as if after subclause (4) there were inserted— "(5) Subclause (1) does not apply to the carrying out of routine maintenance and inspection work. (6) For the purposes of this clause, work is not routine maintenance and inspection work if it requires traffic management measures in order to be conducted safely.". (3) Clause 14 applies as if after subclause (1) there S. 134B(3) amended by were inserted— No. 95/2005 s. 13(2)(c). "(1A) The EastLink Corporation must have regard to the principles specified in this clause in the provision of road infrastructure.". (4) Clause 14 applies as if for subclause (2) there S. 134B(4) amended by were substituted— No. 95/2005 s. 13(2)(d)(g). "(2) EastLink must be managed as far as is reasonably practicable in such a way as to minimise any adverse effects on— (a) the use of EastLink by members of the public; and (b) the provision of services by a Utility.". Authorised by the Chief Parliamentary Counsel 173 Road Management Act 2004 No. 12 of 2004 Part 7—General (5) Clause 14(3) applies as if after paragraph (g) there were inserted— "(h) minimise any damage to non-road infrastructure; (i) minimise any risk to the property of Utilities; (j) ensure that the non-road infrastructure is reinstated as nearly as practicable to the condition existing before the works necessary for the provision of the road infrastructure were conducted.". (6) Clause 16(5) applies as if the reference to the works and infrastructure management principles were a reference to clause 14(2). S. 134B(7) (7) Clause 16 applies as if after subclause (8) there amended by Nos 95/2005 were inserted— s. 13(2)(c), 55/2013 "(8A) Conditions to which a consent is given under s. 26(5), 8/2019 s. 142. this clause may require an applicant to compensate the EastLink Corporation for economic loss, subject to compliance with any prescribed requirements for negotiation and resolution of disputes in relation to compensation, but must not require the applicant to pay any form of penalty.". S. 134B(8) (8) Clause 17 applies as if after subclause (4) there amended by No. 95/2005 were inserted— s. 13(2)(a)(b). "(4A) A Code of Practice applying to the Project within the meaning of the EastLink Project Act 2004 must not be inconsistent with that Act or the EastLink Agreement.". S. 134C 134C Peninsula Link Freeway Corporation inserted by No. 70/2012 s. 12. (1) Subject to this section, Southern Way Pty Limited A.C.N. 136 724 733 is the Peninsula Link Freeway Corporation. Authorised by the Chief Parliamentary Counsel 174 Road Management Act 2004 No. 12 of 2004 Part 7—General (2) If the person who is, for the time being, the Peninsula Link Freeway Corporation agrees to the declaration of another person as the Peninsula Link Freeway Corporation in its place, the Governor in Council may, by Order published in the Government Gazette, declare that other person to be the Peninsula Link Freeway Corporation. (3) An Order under this section takes effect on the day that it is published in the Government Gazette, or if a later day is specified in the Order, on that later day.

134D Application of Act in respect of the Peninsula Link S. 134D inserted by Freeway and the Peninsula Link Freeway No. 70/2012 Corporation s. 12. (1) This Act applies in respect of the Peninsula Link Freeway in accordance with this section and section 134E. (2) Subject to this section, the Peninsula Link Freeway Corporation is, in respect of the Peninsula Link Freeway, the coordinating road authority for the purposes of sections 19, 48(3) and 63(1) and clauses 7, 12 and 13 and Part 2 of Schedule 7. (3) Subject to subsection (2) and section 134E, the S. 134D(3) amended by Head, Transport for Victoria has the powers and No. 49/2019 functions of a coordinating road authority in s. 183(Sch. 3 item 42(a)). respect of the Peninsula Link Freeway if so requested by the Peninsula Link Freeway Corporation. (4) The functions and powers of an authorised officer S. 134D(4) amended by appointed by the Secretary extend in respect of the No. 49/2019 Peninsula Link Freeway if so requested by the s. 183(Sch. 3 item 42(b)). Peninsula Link Freeway Corporation in accordance with an arrangement between the Peninsula Link Freeway Corporation and the Secretary. Authorised by the Chief Parliamentary Counsel 175 Road Management Act 2004 No. 12 of 2004 Part 7—General (5) A direction to the Peninsula Link Freeway Corporation under section 22 must not be inconsistent with the Peninsula Link Project Deed. (6) A Code of Practice under section 28 in its application to the Peninsula Link Freeway Corporation must not be inconsistent with the Peninsula Link Project Deed. (7) A determination under section 41 must not be inconsistent with the Peninsula Link Project Deed. (8) Section 66 does not apply to the Peninsula Link Freeway if the placing of the structure, device, hoarding, advertisement, sign or bill is permitted under the Peninsula Link Project Deed. S. 134D(9) (9) Section 96 applies to the Peninsula Link Freeway amended by No. 49/2019 as if the Head, Transport for Victoria were the s. 183(Sch. 3 relevant road authority. item 42(a)). (10) Sections 11, 12, 13, 14, 15, 18, 36, 38(1)(d), 39, 105(3), 118, 119, 120, 123, and 127 and clauses 2 and 3 of Schedule 2 and clauses 1, 2, 3, 5, 8, 9, 11 and 12 of Schedule 5 do not apply to the Peninsula Link Freeway or the Peninsula Link Freeway Corporation. (11) Clauses 1, 4, 5, 6, 7, 9, 10, 11, 12, 13 and 14 of Schedule 4 apply to the Peninsula Link Freeway Corporation in respect of the Peninsula Link Freeway as if the Peninsula Link Freeway Corporation were the responsible State road authority. (12) Clause 10(1) of Schedule 5 applies to the Peninsula Link Freeway as if the reference to infrastructure did not include road-related infrastructure installed in accordance with the Peninsula Link Project Deed. Authorised by the Chief Parliamentary Counsel 176 Road Management Act 2004 No. 12 of 2004 Part 7—General (13) The power to— S. 134D(13) amended by (a) cause to be removed, destroyed or blocked a No. 49/2019 means of access to a freeway constructed, s. 183(Sch. 3 item 42(a)). formed or laid out without the consent of the road authority; and (b) cause to be erected and maintained fences, posts or other obstructions along a freeway or along or across an entrance, approach or means of access to a freeway for the purpose of preventing access to a freeway— which is conferred on the Head, Transport for Victoria in relation to a freeway is conferred on the Peninsula Link Freeway Corporation in respect of the Peninsula Link Freeway.

134E Application of Schedule 7 in respect of the Peninsula S. 134E inserted by Link Freeway No. 70/2012 s. 12. (1) Schedule 7 applies to the Peninsula Link Freeway as modified by this section. (2) Clause 8 applies as if after subclause (4) there were inserted— "(5) Subclause (1) does not apply to the carrying out of routine maintenance and inspection work. (6) For the purposes of this clause, work is not routine maintenance and inspection work if it requires traffic management measures in order to be conducted safely.". (3) Clause 14 applies as if after subclause (1) there were inserted— "(1A) The Peninsula Link Freeway Corporation must have regard to the principles specified in this clause in the provision of road infrastructure.". Authorised by the Chief Parliamentary Counsel 177 Road Management Act 2004 No. 12 of 2004 Part 7—General (4) Clause 14 applies as if for subclause (2) there were substituted— "(2) The Peninsula Link Freeway must be managed as far as is reasonably practicable in such a way as to minimise any adverse effects on— (a) the use of the Peninsula Link Freeway by members of the public; and (b) the provision of services by a utility or a provider of public transport.". (5) Clause 14(3) applies as if after paragraph (g) there were inserted— "(h) minimise any damage to non-road infrastructure; (i) minimise any risk to the property of utilities or providers of public transport; (j) ensure that non-road infrastructure is reinstated as nearly as practicable to the condition existing before the works necessary for the provision of the road infrastructure were conducted.". (6) Clause 16(5) applies as if the reference to the works and infrastructure management principles were a reference to clause 14(2). S. 134E(7) (7) Clause 16 applies as if after subclause (8) there amended by No. 8/2019 were inserted— s. 143. "(8A) Conditions to which a consent is given under this clause may require an applicant to compensate the Peninsula Link Freeway Corporation for economic loss, subject to compliance with any prescribed requirements for negotiation and resolution of disputes in relation to compensation, but must not require the applicant to pay any form of penalty.". Authorised by the Chief Parliamentary Counsel 178 Road Management Act 2004 No. 12 of 2004 Part 7—General (8) Clause 17 applies as if after subclause (4) there were inserted— "(4A) A Code of Practice applying to works on the Peninsula Link Freeway must not be inconsistent with the Peninsula Link Project Deed.".

134F Application of Act in respect of the West Gate S. 134F inserted by Tunnel tollway and the West Gate Tunnel No. 8/2019 Corporation s. 144 (as amended by No. 49/2019 (1) This Act applies in respect of the West Gate s. 172). Tunnel tollway in accordance with this section and section 134G. (2) Subject to this section, the West Gate Tunnel Corporation is, in respect of the West Gate Tunnel tollway, the coordinating road authority for the purposes of sections 19, 48(3) and 63(1) and clauses 7, 12 and 13 and Part 2 of Schedule 7. (3) Subject to subsection (2) and section 134G, the Head, Transport for Victoria has the powers and functions of a coordinating road authority in respect of the West Gate Tunnel tollway if so requested by the West Gate Tunnel Corporation. (4) The functions and powers of an authorised officer appointed by the Secretary extend in respect of the West Gate Tunnel tollway if so requested by the West Gate Tunnel Corporation in accordance with an arrangement between the West Gate Tunnel Corporation and the Secretary. (5) A direction to the West Gate Tunnel Corporation under section 22 must not be inconsistent with the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 or the West Gate Tunnel Agreement. (6) A Code of Practice under section 28 in its application to the West Gate Tunnel Corporation must not be inconsistent with the West Gate Authorised by the Chief Parliamentary Counsel 179 Road Management Act 2004 No. 12 of 2004 Part 7—General Tunnel (Truck Bans and Traffic Management) Act 2019 or the West Gate Tunnel Agreement. (7) A determination under section 41 must not be inconsistent with the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 or the West Gate Tunnel Agreement. (8) Section 66 does not apply to the West Gate Tunnel tollway if the placing of the structure, device, hoarding, advertisement, sign or bill is permitted under the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 or the West Gate Tunnel Agreement. (9) Section 96 applies to the West Gate Tunnel tollway as if the Head, Transport for Victoria were the relevant road authority. (10) Sections 11, 12, 13, 14, 15, 18, 36, 38(1)(d), 39, 105(3), 118, 119, 120, 123 and 127 and clauses 2 and 3 of Schedule 2 and clauses 1, 2, 3, 5, 8, 9, 11 and 12 of Schedule 5 do not apply to the West Gate Tunnel tollway or the West Gate Tunnel Corporation. (11) Clauses 1, 4, 5, 6, 7, 9, 10, 11, 12, 13 and 14 of Schedule 4 apply to the West Gate Tunnel Corporation in respect of the West Gate Tunnel tollway as if the West Gate Tunnel Corporation were the responsible State road authority. (12) Clause 10(1) of Schedule 5 applies to the West Gate Tunnel tollway as if the reference to infrastructure did not include road-related infrastructure installed in accordance with the West Gate Tunnel Agreement. (13) The power to— (a) cause to be removed, destroyed or blocked, a means of access to a freeway constructed, formed or laid out without the consent of the road authority; and Authorised by the Chief Parliamentary Counsel 180 Road Management Act 2004 No. 12 of 2004 Part 7—General (b) cause to be erected and maintained, fences, posts or other obstructions along a freeway or along or across an entrance, approach or means of access to a freeway for the purpose of preventing access to a freeway— which is conferred on the Head, Transport for Victoria in relation to a freeway is conferred on the West Gate Tunnel Corporation in respect of the West Gate Tunnel tollway.

134G Application of Schedule 7 in respect of the West S. 134G inserted by Gate Tunnel tollway No. 8/2019 s. 144 (as (1) Schedule 7 applies in respect of the West Gate amended by No. 49/2019 Tunnel tollway as modified by this section. s. 172). (2) Clause 8 applies as if after subclause (4) there were inserted— "(5) Subclause (1) does not apply to the carrying out of routine maintenance and inspection work. (6) For the purposes of this clause, work is not routine maintenance and inspection work if it requires traffic management measures in order to be conducted safely.". (3) Clause 14 applies as if after subclause (1) there were inserted— "(1A) The West Gate Tunnel Corporation must have regard to the principles specified in this clause in the provision of road infrastructure.". (4) Clause 14 applies as if for subclause (2) there were substituted— "(2) The West Gate Tunnel tollway must be managed as far as is reasonably practicable in such a way as to minimise any adverse effects on— Authorised by the Chief Parliamentary Counsel 181 Road Management Act 2004 No. 12 of 2004 Part 7—General (a) the use of the West Gate Tunnel tollway by members of the public; and (b) the provision of services by a utility.". (5) Clause 14(3) applies as if after paragraph (g) there were inserted— "(h) minimise any damage to non-road infrastructure; (i) minimise any risk to the property of Utilities; (j) ensure that the non-road infrastructure is reinstated as nearly as practicable to the condition existing before the works necessary for the provision of the road infrastructure were conducted.". (6) Clause 16(5) applies as if the reference to the works and infrastructure management principles were a reference to clause 14(2). (7) Clause 16 applies as if after subclause (8) there were inserted— "(8A) Conditions to which a consent is given under this clause may require an applicant to compensate the West Gate Tunnel Corporation for economic loss, subject to compliance with any prescribed requirements for negotiation and resolution of disputes in relation to compensation, but must not require the applicant to pay any form of penalty.". (8) Clause 17 applies as if after subclause (4) there were inserted— "(4A) A Code of Practice applying to the West Gate Tunnel Project must not be inconsistent with the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 or the West Gate Tunnel Agreement.". Authorised by the Chief Parliamentary Counsel 182 Road Management Act 2004 No. 12 of 2004 Part 7—General

134H Application of Act in respect of the North East Link S. 134H road and the North East Link State Tolling inserted by No. 18/2020 Corporation s. 151. (1) This Act applies in respect of the North East Link road in accordance with this section and section 134I. (2) Subject to this section, the North East Link State Tolling Corporation is, in respect of the North East Link road, the coordinating road authority for the purposes of sections 19, 48(3) and 63(1) and clauses 7, 12 and 13 and Part 2 of Schedule 7. (3) Subject to subsection (2) and section 134I, the Head, Transport for Victoria has the powers and functions of a coordinating road authority in respect of the North East Link road if so requested by the North East Link State Tolling Corporation. (4) The functions and powers of an authorised officer appointed by the Secretary extend in respect of the North East Link road if so requested by the North East Link State Tolling Corporation in accordance with an arrangement between the North East Link State Tolling Corporation and the Secretary. (5) A direction to the North East Link State Tolling Corporation under section 22 must not be inconsistent with the North East Link Act 2020 or a North East Link operation and maintenance agreement under which a person is designated as the North East Link operator. (6) A Code of Practice under section 28 in its application to the North East Link State Tolling Corporation must not be inconsistent with the North East Link Act 2020 or a North East Link operation and maintenance agreement under which a person is designated as the North East Link operator. Authorised by the Chief Parliamentary Counsel 183 Road Management Act 2004 No. 12 of 2004 Part 7—General (7) A determination under section 41 must not be inconsistent with the North East Link Act 2020 or a North East Link operation and maintenance agreement under which a person is designated as the North East Link operator. (8) Section 66 does not apply to the North East Link road if the placing of the structure, device, hoarding, advertisement, sign or bill is permitted under the North East Link Act 2020 or a North East Link operation and maintenance agreement. (9) Section 96 applies to the North East Link road as if the Head, Transport for Victoria were the relevant road authority. (10) Sections 11, 12, 13, 14, 18, 36, 38(1)(d), 39, 105(3), 118, 119, 120, 123 and 127 and clauses 2 and 3 of Schedule 2 and clauses 1, 2, 3, 5, 8, 9, 11 and 12 of Schedule 5 do not apply to the North East Link road or the North East Link State Tolling Corporation. (11) Clauses 1, 4, 5, 6, 7, 9, 10, 11, 12, 13 and 14 of Schedule 4 apply to the North East Link State Tolling Corporation in respect of the North East Link road as if the North East Link State Tolling Corporation were the responsible State road authority. (12) Clause 10(1) of Schedule 5 applies to the North East Link road as if the reference to infrastructure did not include road-related infrastructure installed in accordance with a North East Link operation and maintenance agreement. (13) The power to— (a) cause to be removed, destroyed or blocked a means of access to a freeway constructed, formed or laid out without the consent of the road authority; and Authorised by the Chief Parliamentary Counsel 184 Road Management Act 2004 No. 12 of 2004 Part 7—General (b) cause to be erected and maintained fences, posts or other obstructions along a freeway or along or across an entrance, approach or means of access to a freeway for the purpose of preventing access to a freeway— which is conferred on the Head, Transport for Victoria in relation to a freeway is conferred on the North East Link State Tolling Corporation in respect of the North East Link road.

134I Application of Schedule 7 in respect of the North S. 134I inserted by East Link road No. 18/2020 s. 151. (1) Schedule 7 applies in respect of the North East Link road as modified by this section. (2) Clause 8 applies as if after subclause (4) there were inserted— "(5) Subclause (1) does not apply to the carrying out of routine maintenance and inspection work. (6) For the purposes of this clause, work is not routine maintenance and inspection work if it requires traffic management measures in order to be conducted safely.". (3) Clause 14 applies as if after subclause (1) there were inserted— "(1A) The North East Link State Tolling Corporation must have regard to the principles specified in this clause in the provision of road infrastructure.". (4) Clause 14 applies as if for subclause (2) there were substituted— "(2) The North East Link road must be managed as far as is reasonably practicable in such a way as to minimise any adverse effects on— Authorised by the Chief Parliamentary Counsel 185 Road Management Act 2004 No. 12 of 2004 Part 7—General (a) the use of the North East Link road by members of the public; and (b) the provision of services by a utility.". (5) Clause 14(3) applies as if after paragraph (g) there were inserted— "(h) minimise any damage to non-road infrastructure; (i) minimise any risk to the property of utilities; (j) ensure that the non-road infrastructure is reinstated as nearly as practicable to the condition existing before the works necessary for the provision of the road infrastructure were conducted.". (6) Clause 16(5) applies as if the reference to the works and infrastructure management principles were a reference to clause 14(2). (7) Clause 16 applies as if after subclause (8) there were inserted— "(8A) Conditions to which a consent is given under this clause may require an applicant to compensate the North East Link State Tolling Corporation for economic loss, subject to compliance with any prescribed requirements for negotiation and resolution of disputes in relation to compensation, but must not require the applicant to pay any form of penalty.". (8) Clause 17 applies as if after subclause (4) there were inserted— "(4A) A Code of Practice applying to the North East Link Project must not be inconsistent with the North East Link Act 2020 or a North East Link operation and maintenance agreement under which a person is designated as the North East Link operator.". Authorised by the Chief Parliamentary Counsel 186 Road Management Act 2004 No. 12 of 2004 Part 7—General

135 Transitional and savings provisions S. 135 amended by Schedules 9 and 10 have effect. No. 95/2005 s. 14(a).

135A Acquisition of certain land for the Alphington link S. 135A inserted by No. 30/2021 (1) The Head, Transport for Victoria may acquire the s. 30. Alphington land by agreement or by a compulsory process for any purpose for or in connection with the project. (2) Clause 11 of Schedule 5 applies to any acquisition of land under subsection (1) and for that purpose the Head, Transport for Victoria is a State road authority. (3) In this section— Alphington land means the land shown coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./21-069; project means the transport project, known as the Alphington Link, for the development of a pathway and associated road infrastructure and non-road infrastructure (including any bridge) between Farm Road, Alphington and the Darebin Creek Trail.

135B Cultural and Recreational Lands Act 1963 S. 135B inserted by No. 30/2021 (1) Section 3 of the Cultural and Recreational s. 30. Lands Act 1963 does not apply to the compulsory acquisition of land under section 135A. (2) Section 4(5) of the Cultural and Recreational Lands Act 1963 does not apply to any land acquired under section 135A. Authorised by the Chief Parliamentary Counsel 187 Road Management Act 2004 No. 12 of 2004 Part 8—Transitional provisions—Transport Legislation Amendment Act 2019 Pt 8 (Heading and Part 8—Transitional provisions—Transport ss 136–179) amended by Legislation Amendment Act 2019 No. 39/2004 ss 276(1), 277, repealed by No. 95/2005 s. 14(b), new Pt 8 (Heading and new ss 136–142) inserted by No. 49/2019 s. 182. New s. 136 136 Definitions inserted by No. 49/2019 s. 182. In this Part— commencement day means the day on which Division 4 of Part 2 of the Transport Legislation Amendment Act 2019 comes into operation; VicRoads means the Roads Corporation within the meaning of section 3 of the Transport Integration Act 2010. New s. 137 137 Application of Interpretation of Legislation inserted by No. 49/2019 Act 1984 s. 182. Except where the contrary intention appears, this Part, and any regulations made under this Part, do not affect or take away from the Interpretation of Legislation Act 1984. New s. 138 138 Things done by VicRoads as a road authority before inserted by No. 49/2019 commencement day s. 182. (1) Anything done by VicRoads in the performance of a function or duty, or exercise of a power, under this Act as a coordinating road authority before the commencement day is taken, on that day, to have been done by the Head, Transport for Victoria in the performance of a function or duty, Authorised by the Chief Parliamentary Counsel 188 Road Management Act 2004 No. 12 of 2004 Part 8—Transitional provisions—Transport Legislation Amendment Act 2019 or exercise of a power, as a coordinating road authority under this Act. (2) Anything done by VicRoads in the performance of a function or duty, or exercise of a power, under this Act as a responsible road authority before the commencement day is taken, on that day, to have been done by the Head, Transport for Victoria in the performance of a function or duty, or exercise of a power, as a responsible road authority under this Act. (3) Anything done by VicRoads in the performance of a function or duty, or exercise of a power, under this Act as a State road authority (except the exercise of the power under section 71(2) or section 96(1)(b)) before the commencement day is taken, on that day, to have been done by the Head, Transport for Victoria in the performance of a function or duty, or exercise of a power, as a State road authority under this Act.

139 Things commenced but not completed by VicRoads New s. 139 inserted by as a road authority before commencement day No. 49/2019 s. 182. (1) This section applies if, before the commencement day, VicRoads, in the performance of a function or duty, or exercise of a power, under this Act as a coordinating road authority, responsible road authority or State road authority, has commenced to do a thing and has not completed that thing before that day. (2) On and after the commencement day, the Head, Transport for Victoria must complete that thing and, for the purposes of this section, anything done by VicRoads before that day is taken to have been done by the Head, Transport for Victoria. Authorised by the Chief Parliamentary Counsel 189 Road Management Act 2004 No. 12 of 2004 Part 8—Transitional provisions—Transport Legislation Amendment Act 2019 New s. 140 140 Superseded references inserted by No. 49/2019 A reference to VicRoads in this Act or in any s. 182. instrument (including a subordinate instrument) made under or for the purposes of this Act, or any other document (by whatever name) prepared or made under or for the purposes of this Act, must be construed as a reference to the Head, Transport for Victoria— (a) so far as the reference relates to any period on or after the commencement day; and (b) if not inconsistent with the subject matter. New s. 141 141 Authorised officers authorised by VicRoads inserted by No. 49/2019 continue to be authorised officers s. 182. An officer or employee of VicRoads who has been authorised by VicRoads under section 71(1) before the commencement day to be an authorised officer, and whose authorisation is in effect immediately before that day, is taken, on that day, to be an authorised officer authorised by the Secretary. New s. 142 142 Regulations dealing with transitional matters inserted by No. 49/2019 s. 182. (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Transport Legislation Amendment Act 2019, including any repeals and amendments made by or as a result of the enactment of that Act. (2) Regulations made under this section may— (a) have a retrospective effect to a day on or after a date not earlier than the day on which the Transport Legislation Amendment Act 2019 receives the Royal Assent; (b) be of limited or general application; Authorised by the Chief Parliamentary Counsel 190 Road Management Act 2004 No. 12 of 2004 Part 8—Transitional provisions—Transport Legislation Amendment Act 2019 (c) differ according to time, place or circumstances; (d) leave any matter or thing to be decided by a specified person or class of person. (3) To the extent to which any provision of the regulations under this section takes effect from a date that is earlier than the date of its making, the provision does not operate so as— (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its making; or (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its making. (4) Regulations under this section have effect despite anything to the contrary in— (a) this Act or any other Act (other than the Transport Legislation Amendment Act 2019 or the Charter of Human Rights and Responsibilities Act 2006); or (b) any subordinate instrument. (5) The following are not required for any proposed statutory rule that is to be made under this section— (a) consultation under section 6 of the Subordinate Legislation Act 1994; (b) the preparation of a regulatory impact statement under section 7 of the Subordinate Legislation Act 1994. (6) This section expires on the second anniversary of the day on which it comes into operation. Authorised by the Chief Parliamentary Counsel 191 Road Management Act 2004 No. 12 of 2004 Schedules Schedules Schedule 1—Registers of public roads

1 Matters which must be included in a register of public roads The register must include— (a) the name of each public road or, if a road is unnamed, a description which enables the particular road to be easily identified; (b) if a road becomes a public road after 1 July 2004, the date on which the road became a public road; (c) if a public road ceases to be a public road, the date on which the road ceased to be a public road; (d) the classification, if any, of the public road; (e) the reference of any plan or instrument made on or after 1 July 2004 that fixes or varies the boundaries of a public road; (f) any ancillary areas; (g) a reference to any arrangement under which road management functions in respect of any part of a public road or ancillary area is transferred to or from another road authority; (h) in relation to the Link road and the Extension road, details of any toll zones declared under section 61 or 93H of the Melbourne City Link Act 1995; Sch. 1 cl. 1(ha) (ha) in relation to EastLink, details of any toll inserted by No. 39/2004 zones specified under section 195 of the s. 278, EastLink Project Act 2004; amended by No. 95/2005 s. 13(2)(b)(d). Authorised by the Chief Parliamentary Counsel 192 Road Management Act 2004 No. 12 of 2004 Schedule 1—Registers of public roads (hb) in relation to the West Gate Tunnel tollway, Sch. 1 details of any toll zones specified under cl. 1(hb) inserted by section 22 of the West Gate Tunnel No. 8/2019 (Truck Bans and Traffic Management) s. 145. Act 2019; (hc) in relation to the North East Link road, Sch. 1 cl. 1(hc) inserted by details of any toll zones specified under No. 18/2020 section 59 of the North East Link Act 2020; s. 152. (i) any matter required to be included by the Sch. 1 cl. 1(i) amended by relevant Minister under section 22; No. 17/2009 s. 13(3)(c). (j) any other matter required to be included by this Act; (k) any other matter which is prescribed for the purpose of this clause.

2 Matters which may be included in a register of public roads The register may include information or cross references to information— (a) if a road became a road before 1 July 2004, the date on which the road became a road; (b) about infrastructure in, on, over or under a road; (c) relating to the mechanism by which a road was created or became a road; (d) relating to construction standards for a public road; (e) the reference of any plan or instrument made before 1 July 2004 that fixes or varies the boundaries of a road; (f) which a road authority considers appropriate. Authorised by the Chief Parliamentary Counsel 193 Road Management Act 2004 No. 12 of 2004 Schedule 2—Management of road access Schedule 2—Management of road access Sch. 2 cl. 1 1 Access to freeways amended by No. 49/2019 No road, private road or access point is to be s. 183(Sch. 3 connected to a freeway without the written item 43(a)). consent of the Head, Transport for Victoria.

2 Decisions relating to access to controlled access roads (1) A road authority may make a decision in respect of one or more controlled access roads and particular adjacent land. (2) A decision under this clause— (a) may be made on the initiative of the road authority or on the application of the owner of particular adjacent land; and (b) must be written. (3) A decision under this clause may specify— (a) the location or locations at which access between the particular adjacent land and the controlled access road is permitted; (b) restrictions on the use of a location specified under paragraph (a); (c) conditions on the use of a location specified under paragraph (a); (d) where a particular access facility or a specified type of access facility is to be situated; (e) restrictions on the use of an access facility; (f) conditions on the use of an access facility; (g) that access at a specified location or locations is no longer permitted; Authorised by the Chief Parliamentary Counsel 194 Road Management Act 2004 No. 12 of 2004 Schedule 2—Management of road access (h) that an access facility for construction at a specified place must be of a specified type, standard or extent or be constructed in a specified manner; (i) that either the type, standard or extent of the existing access facility must be changed in a manner specified by the road authority or the use of the access facility must be discontinued; (j) that all access between the controlled access road and the land is prohibited; (k) that all access between the controlled access road and the land is no longer prohibited; (l) that a specified existing access facility must be removed by the owner within a specified period; (m) without limiting paragraphs (g) to (l), that anything referred to in paragraphs (a) to (f) is, or is to be, changed as specified in the decision. (4) Without limiting subclause (3), a condition or restriction under subclause (3) may be— (a) a prohibition on the use of the permitted road access location or an access facility by pedestrians; (b) a prohibition on turns by motor vehicles going into or out of the land; (c) a restriction on the type and number of motor vehicles that the owner or occupier or the person who applied for the decision may allow to use the permitted road access location; Authorised by the Chief Parliamentary Counsel 195 Road Management Act 2004 No. 12 of 2004 Schedule 2—Management of road access (d) a requirement that the owner or occupier or person who applied for the decision is to take specified or other reasonable steps to ensure the permitted road access location is used by others in accordance with the conditions; (e) a restriction on when the permitted road access location may be used. (5) A decision or part of a decision may be limited to a specified period by reference to time or circumstance. (6) A decision must be consistent with any applicable policy under clause 3. (7) In this clause, access facility means— (a) a physical means of entry or exit for vehicles between adjoining land and a road reserve; or Example A driveway on adjacent land. (b) infrastructure on a road reserve which provides, or a part of roadway which facilitates, entry or exit for traffic between the access facility referred to in paragraph (a) and the roadway. Example A driveway on adjoining land which extends into the road reserve to connect the driveway to the roadway or an acceleration or deceleration lane of a roadway which connects to an entry or exit to adjoining land.

3 Policy relating to application of clause 2 (1) A road authority must make a policy about the application of clause 2 to access between the controlled access road and adjacent land for each controlled access road proposed to be declared. Authorised by the Chief Parliamentary Counsel 196 Road Management Act 2004 No. 12 of 2004 Schedule 2—Management of road access (2) A road authority may amend, revoke or substitute a policy made under subclause (1). (3) A road authority must provide a copy of any policy made or substituted under this clause to the responsible authority within the meaning of the Planning and Environment Act 1987 administering the planning scheme applying to the area in which the controlled access road is located. (4) A road authority must notify the responsible authority within the meaning of the Planning and Environment Act 1987 administering the planning scheme applying to the area in which the controlled access road is located of any amendment or revocation of a policy. (5) A policy made under subclause (1) is not a Sch. 2 cl. 3(5) inserted by subordinate instrument for the purposes of the No. 24/2005 Interpretation of Legislation Act 1984. s. 20.

3A Power to apply, adopt or incorporate Sch. 2 cl. 3A inserted by No. 24/2005 (1) A policy under clause 3 may apply, adopt or s. 21. incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority, person or body whether— (a) wholly or partially or as amended by the policy; or (b) as formulated, issued, prescribed or published at the time the policy is made or at any time before then; or (c) as formulated, issued, prescribed or published from time to time. (2) If a policy has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from Authorised by the Chief Parliamentary Counsel 197 Road Management Act 2004 No. 12 of 2004 Schedule 2—Management of road access time to time and that document, code, standard, rule, specification or method is at any time amended, until the road authority 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. Sch. 2 cl. 4 4 Head, Transport for Victoria must consult with (Heading) amended by municipal council No. 49/2019 s. 183(Sch. 3 item 43(b)). Sch. 2 cl. 4(1) (1) This clause applies if the road authority proposing amended by No. 49/2019 to act under section 42 or clause 3 is the Head, s. 183(Sch. 3 Transport for Victoria. item 43(c)). Sch. 2 cl. 4(2) (2) Before complying with clause 5, the Head, amended by No. 49/2019 Transport for Victoria must give— s. 183(Sch. 3 item 43(c)). Sch. 2 (a) details of the proposal to each municipal cl. 4(2)(a) amended by council which the Head, Transport for No. 49/2019 Victoria considers may be affected by the s. 183(Sch. 3 item 43(c)). proposal; Sch. 2 (b) each municipal council referred to in cl. 4(2)(b) amended by paragraph (a) a reasonable opportunity to No. 49/2019 make a submission on the proposal to the s. 183(Sch. 3 item 43(c)). Head, Transport for Victoria.

5 Publication requirements Sch. 2 cl. 5(1) (1) A road authority must publish a notice of the substituted by No. 81/2006 making, amending or revoking of a declaration s. 58. under section 42 or of the making, amending, revoking or substitution of a policy under clause 3 in the Government Gazette. (2) A notice under subclause (1) relating to the making, amending or revoking of a declaration under section 42 must state— Authorised by the Chief Parliamentary Counsel 198 Road Management Act 2004 No. 12 of 2004

Schedule 2—Management of road access (a) the reasons for making, amending or revoking the declaration; and (b) information about the location of the controlled access road including— (i) the points at which the controlled access road starts and ends or is to be removed; and (ii) its alignment; and (iii) the boundaries to which limitation of access is to be applied or removed. (3) A notice under subclause (1) must state— (a) that there is a policy in respect of the application of clause 2 to access between the public road and adjacent land; (b) if the policy is in substitution for an existing policy, a summary of, or a reference to, the existing policy; (c) the text of the policy or details of the places and times when the policy can be inspected free of charge; (d) the text of section 60; (e) that a person who is affected by the decision to which the notice relates may apply to the Tribunal for review of the road authority's decision. (4) A notice under subclause (1) must— (a) provide information about the circumstances in which compensation may be payable under section 127; and (b) specify the date by which a claim for compensation must be lodged with the road authority. Authorised by the Chief Parliamentary Counsel 199 Road Management Act 2004 No. 12 of 2004 Schedule 3—Specific powers of State road authorities Schedule 3—Specific powers of State road authorities 1 Power to inspect, construct, maintain and repair roads A State road authority may— (a) establish, construct, vary and extend roads and road infrastructure; (b) fix and alter the level and alignment of roadways and pathways; (c) inspect, maintain and repair roads and road infrastructure; (d) for the purpose of paragraphs (a), (b) and (c), perform any other road management function under this Act. 2 Power to determine the standard of construction (1) A State road authority may determine the standard to which a road or any part of a road is to be constructed. (2) For the purposes of this clause, a State road authority must have regard to— (a) the principal object of road management; (b) any relevant Code of Practice and any standard or technical reference or other document referred to or incorporated in a relevant Code of Practice; (c) the economic, budgetary, social, environmental or policy factors, objectives or constraints which apply to the State road authority. Authorised by the Chief Parliamentary Counsel 200 Road Management Act 2004 No. 12 of 2004 Schedule 3—Specific powers of State road authorities 3 Power to deviate roads A State road authority may deviate a road through available land (whether or not the land is subject to any rights of way). 4 Power to remove unlawful objects from road reserve A coordinating State road authority may remove, alter or obliterate anything which is unlawfully located on a road reserve other than— (a) road infrastructure for which another road authority is the infrastructure manager; or (b) non-road infrastructure. 5 Power to erect signs and number roads A relevant coordinating State road authority may— (a) erect signs on a State road; and (b) approve, assign and change the number of a State road. 6 Power to establish survey marks A State road authority may cause standard survey marks to be established in roads. 7 Power to provide for temporary roads (1) A State road authority may provide temporary roads. (2) For the purposes of enabling works to be carried out on or over a road, or land next to a road, a State road authority may— (a) fence off and occupy part of the road; (b) erect a structure or temporary crossing for vehicles on, or over, the road; (c) permit a person to do anything the State road authority may do under paragraph (a) or (b). Authorised by the Chief Parliamentary Counsel 201 Road Management Act 2004 No. 12 of 2004 Schedule 3—Specific powers of State road authorities (3) Clause 11 of Schedule 5 applies to the exercise of the power conferred by this clause. (4) The power conferred by this clause is subject to the State road authority obtaining any applicable consent, permit or authorisation under this Act or any other Act. 8 Powers concerning fences, gates and by-passes A State road authority may— (a) permit the erection and maintenance of gates and fences on or near roads; (b) permit the construction of by-passes for unfenced roads and for this purpose to require— (i) the removal of any gate; (ii) the erection of notices giving warning of the by-pass; (iii) the maintenance of the by-pass and notices; (c) revoke the permission given under paragraphs (a) and (b) and require the removal of the gates, fences, notices and by-passes. 9 Powers concerning crossings over footpaths and channels A State road authority may— (a) make a bridge or crossing over any footpath or channel next to a road to enable a person using the road to have access to land on the other side of the footpath or channel; (b) maintain, repair or reconstruct the bridge or crossing; (c) permit a person to do anything the State road authority may do under paragraph (a) or (b); Authorised by the Chief Parliamentary Counsel 202 Road Management Act 2004 No. 12 of 2004 Schedule 3—Specific powers of State road authorities (d) require a person to do anything the State road authority may do under paragraph (a) or (b). 10 Power to remove certain trees or vegetation (1) A coordinating State road authority may lop or remove any tree or vegetation on a road, or lop any tree or vegetation overhanging a road, if the coordinating State road authority considers that it is necessary to do so— (a) to remove a danger to road users; or (b) to prevent damage or obstruction to the operation of road infrastructure or non-road infrastructure; or (c) to carry out works on the road or infrastructure on the road. (2) A coordinating State road authority may authorise an infrastructure manager or works manager to exercise the power conferred by this clause. (3) The powers conferred by this clause are subject to any relevant requirements or restrictions which apply by or under any other Act. 11 Available land (1) For the purposes of this Schedule, a power requiring the use of any land is subject to the land being available land. (2) Crown land is available land if the Minister administering the relevant Crown land has given consent to the use of the land. (3) Private land is available land— (a) if the consent of the owners and occupiers to the use of the land has been obtained; or Authorised by the Chief Parliamentary Counsel 203 Road Management Act 2004 No. 12 of 2004 Schedule 3—Specific powers of State road authorities (b) if the land is acquired under the Land Acquisition and Compensation Act 1986; or (c) if the land is temporarily occupied under section 75 of the Land Acquisition and Compensation Act 1986. (4) For the purposes of subclause (3), private land includes Crown land held under lease or licence. (5) Land is available land if it is within a road reserve or is land owned by the coordinating road authority. Authorised by the Chief Parliamentary Counsel 204 Road Management Act 2004 No. 12 of 2004 Schedule 4—Specific traffic management powers of State road authorities Schedule 4—Specific traffic management powers of State road authorities 1 General power to manage traffic A State road authority has the power to manage traffic on any road— (a) in respect of which it is the coordinating road authority; or (b) on land managed by the State road authority. 2 Powers concerning parking (1) A State road authority may with respect to non- arterial State roads fix, rescind or vary— (a) the days, hours and periods of time for which, and the conditions on which, vehicles may stand in a parking area in a non-arterial State road or other parking area; and (b) fees for any vehicles standing in a parking area and the manner of payment of those fees; and (c) the fee for residents of any area which the State road authority sets aside as an area in which a resident parking scheme is to operate that allows a vehicle to stand in a parking area in any road in the area regardless of the fixed parking periods for that area. (2) The Head, Transport for Victoria may with Sch. 4 cl. 2(2) amended by respect to arterial roads— No. 49/2019 s. 183(Sch. 3 (a) manage clearways; and item 44). (b) make policy decisions in relation to traffic management after consultation with any affected municipal councils. Authorised by the Chief Parliamentary Counsel 205 Road Management Act 2004 No. 12 of 2004 Schedule 4—Specific traffic management powers of State road authorities (3) In this clause parking area has the meaning it has in the Road Safety Act 1986 or any regulations made under that Act. (4) A municipal council must exercise the powers conferred on a municipal council under the Local Government Act 1989 in a manner which is consistent with this clause. 3 Power to issue special parking permits A State road authority may issue a special parking permit to any disabled person to enable him or her to leave a vehicle standing on different conditions from those fixed under any part of clause 2. 4 Power to remove unregistered or abandoned vehicles (1) A State road authority may— (a) move or impound any unregistered vehicle or vehicle considered by it to be abandoned (and anything in, on or attached to, the vehicle); (b) keep the vehicle in the place to which it has been moved or any other place; (c) return the vehicle to its owner on payment of a fee; (d) subject to subclause (2), sell, destroy or give away the vehicle (and anything in, on or attached to, the vehicle) if the owner of the vehicle has not paid the fee within 14 days of a State road authority impounding the vehicle. (2) Before exercising the power conferred by subclause (1)(d), the State road authority must take reasonable steps to notify the owner of the vehicle that the vehicle has been impounded and may be sold, destroyed or given away unless the specified fee is paid within 14 days. Authorised by the Chief Parliamentary Counsel 206 Road Management Act 2004 No. 12 of 2004 Schedule 4—Specific traffic management powers of State road authorities (3) A State road authority and anyone who obtains the vehicle from a State road authority under subclause (1)(d) is not liable to the owner of the vehicle or any other person in respect of any action taken under that subclause. (4) The fee set for the purposes of subclause (1)(c) must not exceed an amount that reasonably represents the cost to a State road authority of impounding, moving, keeping and releasing the vehicle, including any relevant overhead and other indirect costs. (5) For the purposes of subclause (1), a State road authority may consider that a vehicle has been abandoned if the vehicle has not been moved for 2 months. 5 Power to remove vehicles causing obstruction or danger (1) A State road authority may move, keep or Sch. 4 cl. 5(1) amended by impound any vehicle (and anything in, on or No. 75/2010 attached to the vehicle) that— s. 11(1). (a) is causing an unlawful obstruction; or (b) is unlawfully parked or left standing in an area designated by the Minister; or (c) has been left standing illegally for a period of at least 2 days; or (d) has been left standing in an area in which in the opinion of the State road authority the vehicle is obstructing the free movement of traffic on a road or from a driveway; or (e) has been left standing in an area in which in the opinion of the State road authority the vehicle constitutes a hazard to road safety. (2) A State road authority must return to its owner a Sch. 4 cl. 5(2) substituted by vehicle moved, kept or impounded under No. 75/2010 subclause (1) on payment of a fee. s. 11(2). Authorised by the Chief Parliamentary Counsel 207 Road Management Act 2004 No. 12 of 2004 Schedule 4—Specific traffic management powers of State road authorities Sch. 4 (2A) The fee set for the purposes of subclause (2) must cl. 5(2A) not exceed an amount that reasonably represents inserted by No. 75/2010 the cost to a State road authority of impounding, s. 11(2). moving, keeping and releasing the vehicle, including any relevant overhead and other indirect costs. (3) The powers conferred by this clause and clause 4 are in addition to any powers under the Road Safety Act 1986. Sch. 4 cl. 5(4) (4) Subject to subclause (5), a State road authority inserted by No. 75/2010 may sell, destroy or give away a vehicle that s. 11(3). has been moved, kept or impounded under subclause (1) (and anything in, on or attached to the vehicle) if the owner of the vehicle has not paid the fee under subclause (2) within 60 days of the date that the vehicle was first moved, kept or impounded. Sch. 4 cl. 5(5) (5) Before exercising the power under subclause (4), inserted by No. 75/2010 the State road authority must take reasonable steps s. 11(3). to notify the owner of the vehicle that the vehicle has been moved, kept or impounded and may be sold, destroyed or given away unless the specified fee is paid within 60 days. Sch. 4 cl. 5(6) (6) A State road authority and anyone who obtains inserted by No. 75/2010 the vehicle from a State road authority under s. 11(3). subclause (4) is not liable to the owner of the vehicle or any other person in respect of any action taken under that subclause. Sch. 4 cl. 6 6 Power to move other obstructions amended by No. 93/2009 s. 29 (ILA (1) A State road authority may— s. 39B(1)). (a) move any thing that encroaches or obstructs the free use of a roadway or pathway or that reduces the breadth, or confines the limits, of a roadway or pathway, including any thing placed on the roadway or pathway under clause 11 or 12; Authorised by the Chief Parliamentary Counsel 208 Road Management Act 2004 No. 12 of 2004 Schedule 4—Specific traffic management powers of State road authorities (b) require any person responsible for, or in control of, the thing to move it. (2) A State road authority may recover from the owner of any thing moved under subclause (1)(a) any reasonable costs incurred in moving it. 7 Power to restrict traffic near a construction site For the purposes of enabling works to be carried out on or over a road, or land next to a road, a State road authority may— (a) fence off and occupy part of the road; (b) erect a structure or temporary crossing for vehicles on, or over, the road; (c) permit a person to do anything the State road authority may do under paragraph (a) or (b). 8 Power to close roadway or pathway on seasonal basis A State road authority may close a roadway or pathway, or part of a roadway or pathway, for a particular period during the year. 9 Power to erect and remove works and structures A State road authority may erect and remove any works or structures— (a) to protect passengers, pedestrians, drivers and cyclists on a roadway or pathway; or (b) to regulate traffic on a roadway or pathway. 10 Power to place obstructions or barriers on a roadway permanently A State road authority may block or restrict the passage or access of vehicles on a roadway by placing and maintaining any permanent barrier or other obstruction on the roadway. Authorised by the Chief Parliamentary Counsel 209 Road Management Act 2004 No. 12 of 2004

Schedule 4—Specific traffic management powers of State road authorities 11 Power to place obstructions or barriers on a roadway temporarily A State road authority may block or restrict the passage or access of vehicles on a roadway by placing and maintaining any temporary barrier or other obstruction on the roadway— (a) for as long as is necessary to prevent any injury to any person or damage to any property (including damage to the roadway itself); or (b) for as long as is necessary for a procession, public ceremony or function; or (c) for a genuine traffic diversion experiment. 12 Power to restrict use of roadway by vehicles of a certain size A State road authority may prohibit or restrict the use of a roadway by any motor vehicle of, or over, a certain size or weight. 13 Power to determine speed limits A State road authority may determine speed limits for vehicles on a roadway. 14 Power to prohibit traffic on unsafe roads A State road authority may prohibit or restrict traffic on a road that it considers is unsafe for that traffic. Authorised by the Chief Parliamentary Counsel 210 Road Management Act 2004 No. 12 of 2004 Schedule 5—Road property provisions, powers and duties Schedule 5—Road property provisions, powers and duties 1 Vesting of roads and public highways (1) Subject to this clause, the Crown has absolute property in— (a) the land over which there is a freeway or arterial road (whether the freeway or arterial road is constructed at the level of the surface of the land or not); and (b) all land reserved or proclaimed as a road under the Crown Land (Reserves) Act 1978, the Land Act 1958, the Forests Act 1958 or the National Parks Act 1975— whether before or after the commencement of this Schedule. (2) The declaration of a freeway or arterial road under section 14 as a freeway or arterial road may provide that the declaration has effect in respect of a specified part of the land over which there is a freeway or arterial road of vesting in the Crown absolute property only in a specified stratum. (3) Subclause (1) is subject to any lease or licence granted under— (a) this Act; or (b) the Local Government Act 1989 or the Sch. 5 cl. 1(3)(b) Local Government Act 2020; or amended by No. 9/2020 s. 390(Sch. 1 item 87.3). (c) the Land Act 1958; or (d) clause 13(3) of Schedule 5 of the Transport Act 1983 as in force before the commencement of this Schedule. Authorised by the Chief Parliamentary Counsel 211 Road Management Act 2004 No. 12 of 2004 Schedule 5—Road property provisions, powers and duties (4) Subject to subclause (6), a road vests in fee simple in the municipal council of the municipal district in which it is located upon becoming a road. (5) The public highway vests in the municipal council free of all mortgages, charges, leases and sub- leases. (6) Subclause (4) does not apply to— (a) a freeway or an arterial road; Sch. 5 (b) a road that becomes a road if it is agreed cl. 1(6)(b) amended by between the municipal council and the Head, No. 49/2019 Transport for Victoria that the road should s. 183(Sch. 3 item 45(a)). vest in the Head, Transport for Victoria; (c) roads on Crown land; (d) roads vested in a Minister or in any public authority (other than a municipal council). 2 Nature of ownership of road (1) Clause 1 does not have effect to— (a) impose any duty on the Crown, a municipal council or a public statutory authority as owner of the land in a road that it would not have if it were not the owner of the land but were only the road authority; (b) allow adverse possession or easements by long user to be acquired over the road; (c) authorise the disposition of the fee simple or any estate or interest in the land except as authorised by clause 9; (d) make a road subject to the compulsory acquisition powers under the Land Acquisition and Compensation Act 1986. Authorised by the Chief Parliamentary Counsel 212 Road Management Act 2004 No. 12 of 2004 Schedule 5—Road property provisions, powers and duties (2) Subject to clause 1 and subclause (1), for the purposes of the management of a road, a road authority has the powers that a freehold owner in possession of the land would have. 3 Boundary of road if no boundary fixed (1) If the boundary of a road has not been fixed, the boundary is deemed to be— (a) if the road adjoins unalienated Crown land, Sch. 5 cl. 3(1)(a) one metre from the edge of the roadway or amended by any road-related infrastructure; or No. 41/2020 s. 13(4). (b) if the road adjoins freehold land, the boundary of the freehold land; or (c) subject to subclause (3), if the road adjoins Crown land held under a lease or a licence, the boundary of the Crown land. (2) For the purposes of subclause (1)(a) the edge of the roadway is the edge of the shoulder. (3) Subclause (1)(c) does not apply if the Crown land is held— (a) under a licence of a kind to which section 138A(5) of the Land Act 1958 applies; or (b) under a lease or licence granted under clause 9; or (c) under a lease or licence deemed to have been granted under clause 9. 4 Obligations in relation to fencing Sch. 5 cl. 4 amended by No. 28/2009 Despite any Act or rule of law to the contrary, s. 60. neither the Crown nor a road authority is required to fence or contribute to the fencing of any portion of a road. Authorised by the Chief Parliamentary Counsel 213 Road Management Act 2004 No. 12 of 2004 Schedule 5—Road property provisions, powers and duties 5 Power of State road authority to use road for other functions Subject to clause 16 of Schedule 7, a State road authority may use a road in the performance of its other functions if the use does not unreasonably interfere with the primary purpose of the road. 6 Right to support A road authority has in respect of a road for which it is responsible a right of physical support from land adjacent to the road. 7 Powers may be exercised in relation to a stratum A State road authority may exercise any power conferred on a State road authority under this Act in respect of a specified stratum only. 8 Power to use public land with consent (1) Subject to this clause, a State road authority may for the purpose of the construction or maintenance of a road exercise any power conferred on a State road authority under this Act in respect of unreserved Crown land or land vested in a public authority. (2) Before exercising any power under subclause (1), the State road authority must obtain consent in writing— (a) in the case of unreserved Crown land, from the Minister administering the Land Act 1958; (b) in the case of land vested in a public authority, the public authority or the Minister administering the Act under which the public authority is constituted. Authorised by the Chief Parliamentary Counsel 214 Road Management Act 2004 No. 12 of 2004 Schedule 5—Road property provisions, powers and duties 9 Power to grant lease or licence (1) Subject to subclause (2), the Head, Transport for Sch. 5 cl. 9(1) amended by Victoria may grant a lease or licence for a period No. 49/2019 not exceeding 40 years of any part of a road s. 183(Sch. 3 item 45(b)(i)). reserve of a road administered by the Head, Transport for Victoria if the Head, Transport for Victoria is satisfied that the lease or licence will not significantly affect the primary use of the road. (2) Subclause (1) does not apply to a road on land administered under the Forests Act 1958, the National Parks Act 1975 or the Crown Land (Reserves) Act 1978. (3) The Head, Transport for Victoria may enter into a Sch. 5 cl. 9(3) amended by commercial agreement with any person in relation No. 49/2019 to a lease or licence granted under this clause. s. 183(Sch. 3 item 45(b)(ii)). (4) The Head, Transport for Victoria must give notice Sch. 5 cl. 9(4) amended by to the Minister administering the Land Act 1958 No. 49/2019 of any lease or licence granted under this clause. s. 183(Sch. 3 item 45(b)(ii)). (5) The Minister may, with the agreement of the Sch. 5 cl. 9(5) amended by administering Ministers, determine policies for the No. 17/2009 granting of leases and licences under this clause. s. 13(3)(d). (6) The Minister must cause a copy of any policy determined under subclause (5) to be published in the Government Gazette. (7) The Head, Transport for Victoria must comply Sch. 5 cl. 9(7) amended by with any policy determined under subclause (5). No. 49/2019 s. 183(Sch. 3 item 45(b)(ii)). Authorised by the Chief Parliamentary Counsel 215 Road Management Act 2004 No. 12 of 2004 Schedule 5—Road property provisions, powers and duties (8) Any policies made under clause 13(6) of Schedule 5 of the Transport Act 1983 which are in force immediately before the commencement of this clause have effect as if made under this clause. (9) Nothing in subclause (1) prevents the grant of a lease or licence under the Land Act 1958 of land in a road which is not subject to a lease or licence granted under subclause (1). Sch. 5 cl. 9(10) (10) In this clause administering Ministers means amended by No. 17/2009 the Minister or Ministers administering the Land s. 13(3)(e). Act 1958, the Forests Act 1958, the National Parks Act 1975 and the Crown Land (Reserves) Act 1978. 10 Infrastructure not part of land (1) Infrastructure on, in, under or over any road reserve— (a) is not part of the land or road reserve on, in, under or over which it is located; and (b) is personal property of the relevant road authority or infrastructure manager. Note Examples of infrastructure are included in the definitions of non-road infrastructure, road infrastructure and road-related infrastructure in section 3(1). (2) This clause has effect despite any provision in this Act or any other Act or law relating to the vesting of roads. 11 Acquisition of land (1) A State road authority may, with the approval of the Minister, purchase or compulsorily acquire any land which is or may be required by the State road authority for or in connection with the performance of its functions under this Act. Authorised by the Chief Parliamentary Counsel 216 Road Management Act 2004 No. 12 of 2004 Schedule 5—Road property provisions, powers and duties (2) The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose— (a) the Road Management Act 2004 is the special Act; and (b) a State road authority is the Authority; and (c) land includes strata above or below the surface of land and easements and rights to use land or strata above or below the surface of the land; and (d) section 74(1)(c) of the Land Acquisition and Compensation Act 1986 has effect as if it also empowered a State road authority to take samples of plants; and (e) section 75 of the Land Acquisition and Compensation Act 1986 has effect as if it empowered a State road authority to enter any land and section 75(6) did not apply. (3) In addition to its powers under section 75 of the Land Acquisition and Compensation Act 1986, a State road authority may for the purposes of this Act and subject to compliance with subsections (3), (4) and (5) of section 75 of the Land Acquisition and Compensation Act 1986— (a) carry out investigations on and search for and obtain materials from any land; and (b) use any temporarily occupied land for the purposes of— (i) constructing a roadway on adjoining land; or (ii) placing a temporary roadway or pathway on the land to be used while a road is impassable or for traffic management or safety purposes; and Authorised by the Chief Parliamentary Counsel 217 Road Management Act 2004 No. 12 of 2004 Schedule 5—Road property provisions, powers and duties (c) exercise on the land any of its powers under Schedule 6. (4) In full or in part settlement of any compensation which a State road authority is liable to pay, the State road authority— (a) may transfer a building from land owned by a person entitled to the compensation to other land owned either by that person or by the State road authority; or (b) may transfer a building from land owned by the State road authority to other land owned either by the State road authority or by a person entitled to the compensation. (5) Where by the exercise by a State road authority of any of the powers contained in this clause it is necessary to acquire any land compulsorily from the owner thereof— (a) the State road authority may require that owner to take any land adjoining that land which is owned by the State road authority and is no longer required by the State road authority; and (b) the value of that land is to be deducted from any sum to be paid by way of compensation to the owner of the land acquired compulsorily by the State road authority; and (c) if that value cannot be agreed upon between the State road authority and the owner, it is to be settled in the same manner and at the same time as the compensation to be paid to that owner. (6) Where any right to use land or any right in the nature of an easement or purporting to be an easement is acquired by a State road authority, that right is deemed for all purposes to be an easement notwithstanding that there is no land Authorised by the Chief Parliamentary Counsel 218 Road Management Act 2004 No. 12 of 2004 Schedule 5—Road property provisions, powers and duties vested in the State road authority or its successors which is in fact benefited or capable of being benefited by that right. (7) Clause 12 does not apply to an easement acquired compulsorily by a State road authority. 12 Powers of Registrar of Titles (1) The Registrar of Titles may make any recordings that are necessary or expedient in the Register relating to any land affected by the exercise of a power of a State road authority under this Act. (2) Without limiting subclause (1), the Registrar of Titles may require a person to produce any instrument or document other than a certificate of title. 13 Head, Transport for Victoria may be appointed as Sch. 5 cl. 13 (Heading) committee of management amended by No. 49/2019 s. 183(Sch. 3 item 45(c)). (1) Despite anything in any Act, the Head, Transport Sch. 5 cl. 13(1) amended by for Victoria may be appointed to be a committee No. 49/2019 of management under the Crown Land s. 183(Sch. 3 item 45(d)(i)). (Reserves) Act 1978 of any areas of Crown land which are adjacent to any arterial road and are reserved under section 4 of that Act. (2) Despite anything in any Act, the Head, Transport Sch. 5 cl. 13(2) amended by for Victoria may out of the Roads Fund or another No. 49/2019 account or fund determined by the Treasurer or s. 183(Sch. 3 item 45(d)). the Minister administering Part 7 of the Financial Management Act 1994 expend money upon the improvement of an area of Crown land to which subclause (1) applies. (3) Without limiting the generality of subclause (2), the improvement of an area of Crown land may include the provision of public toilets. Authorised by the Chief Parliamentary Counsel 219 Road Management Act 2004 No. 12 of 2004

Schedule 5—Road property provisions, powers and duties 14 No private right of way or easement on road A private right of way or easement cannot— (a) develop or co-exist with a public right of way over the same land; or (b) revive on the revocation of the declaration of a road or the discontinuance of a public road or the permanent closure of a road over that land. Sch. 5 cl. 15 15 Head, Transport for Victoria may sell land if road (Heading) amended by or part of road discontinued No. 49/2019 s. 183(Sch. 3 item 45(e)). Sch. 5 cl 15 inserted by No. 110/2004 s. 21. Sch. 5 cl. 15(1) (1) If the Head, Transport for Victoria has amended by No. 49/2019 discontinued the use of a road or part of a road, it s. 183(Sch. 3 may in accordance with this clause sell the land on item 45(f)). which the road or part of the road was located, unless the land is administered under the Alpine Resorts (Management) Act 1997, the Crown Land (Reserves) Act 1978, the National Parks Act 1975 or the Forests Act 1958. (2) The provisions of sections 207B to 207E and Schedule 10 of the Local Government Act 1989, so far as they are applicable and with any necessary alterations, modifications and substitutions, extend and apply to the road or part of the road so discontinued. Authorised by the Chief Parliamentary Counsel 220 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project Schedule 5A—Specific provisions relating to Sch. 5A inserted by the M1 Redevelopment Project No. 81/2006 s. 65. Part 1—Introductory 1 Definitions In this Schedule— * * * * * Sch. 5A cl. 1 def. of Central Plan Office amended by No. 70/2013 s. 4(Sch. 2 item 43.4), repealed by No. 53/2017 s. 90. City Link Minister means the Minister for the time being administering the Melbourne City Link Act 1995; Head, Transport for Victoria area means any part Sch. 5A cl. 1 def. of Head, of the Redevelopment Project area other than Transport for the Link Upgrade area; Victoria area inserted by No. 49/2019 s. 183(Sch. 3 item 46(a)). Link Upgrade area has the meaning given by clause 6; Link Upgrade Project means any part of the M1 Redevelopment Project that relates to the Link Upgrade area; Crown land Minister means the Minister for the time being administering the Crown Land (Reserves) Act 1978; M1 Redevelopment Project means the project described in clause 2 or any part of that project; Authorised by the Chief Parliamentary Counsel 221 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project Native Title Act means the Native Title Act 1993 of the Commonwealth; Planning Minister means the Minister for the time being administering the Planning and Environment Act 1987; redevelopment acquisition has the meaning given by clause 10; Redevelopment Project area has the meaning given by clause 3; Sch. 5A cl. 1 Road Minister means the Minister for the time def. of Road Minister being administering this Act. amended by No. 49/2019 s. 183(Sch. 3 item 46(b)). Sch. 5A cl. 1 * * * * * def. of VicRoads area repealed by No. 49/2019 s. 183(Sch. 3 item 46(c)). Part 2—M1 Redevelopment Project and Redevelopment Project area 2 M1 Redevelopment Project In this Schedule a reference to the M1 Redevelopment Project is a reference to the project for the widening of the M1 Corridor from Doveton to Yarraville. 3 Redevelopment Project area (1) Subject to this clause, for the purposes of this Schedule, the Redevelopment Project area means the areas of land shown coloured pink and coloured blue on the plans numbered LEGL./06-358 to LEGL./06-414 and lodged in the Central Plan Office or, if any of those areas Authorised by the Chief Parliamentary Counsel 222 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project of land is varied in accordance with this Part, those areas as so varied. (2) For the purposes of this Schedule, the plans referred to in subclause (1) must be read as one plan in the manner shown in plans numbered LEGL./06-356 and LEGL./06-357. (3) If consolidated plans for the Redevelopment Project area have been approved under clause 5, then for the purposes of this Schedule, the Redevelopment Project area means the areas of land shown as the Redevelopment Project area on the current approved consolidated plans or, if any of those areas of land is varied in accordance with this Part, those areas as so varied. 4 Changes to Redevelopment Project area (1) The Governor in Council may, by Order published in the Government Gazette, vary the Redevelopment Project area by doing all or any of the following— (a) increasing the Redevelopment Project area by adding land in the vicinity of the Redevelopment Project area; or (b) decreasing the Redevelopment Project area; or (c) removing land from the Head, Transport for Sch. 5A cl. 4(1)(c) Victoria area and adding it to the Link amended by Upgrade area; or No. 49/2019 s. 183(Sch. 3 item 46(d)). (d) removing land from the Link Upgrade area Sch. 5A cl. 4(1)(d) and adding it to the Head, Transport for amended by Victoria area. No. 49/2019 s. 183(Sch. 3 item 46(d)). Authorised by the Chief Parliamentary Counsel 223 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project (2) An Order under this clause takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the Order, on that later day. (3) An Order under this clause must be made on the recommendation of the Road Minister, the City Link Minister and the Planning Minister. (4) The Ministers must not make a recommendation under subclause (3) unless they have received the appropriate plans, which have been— (a) signed by the Surveyor-General; and (b) lodged at the Central Plan Office. (5) For the purposes of subclause (4), the appropriate plans may show the Redevelopment Project area as varied. (6) An Order under this clause may refer to the plans referred to in clause 3 and subclause (4). (7) An Order under this clause may designate land that is added to the Redevelopment Project area to be added to and form part of the Link Upgrade area. (8) The Road Minister must cause a copy of each Order under this clause to be laid before each House of the Parliament within 6 sitting days of that House after the Order is made. (9) Part 5 of the Subordinate Legislation Act 1994 applies to an Order under this clause as if that Order were a statutory rule within the meaning of that Act. 5 Consolidated plans (1) The Governor in Council may, by Order published in the Government Gazette, approve consolidated plans of the Redevelopment Project area incorporating all variations to the Authorised by the Chief Parliamentary Counsel 224 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project Redevelopment Project area made under clause 4 up to the date of the Order. (2) An Order under this clause takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the Order, on that later day. (3) An Order under this clause must be made on the recommendation of the Road Minister. (4) The Road Minister must not make a recommendation under subclause (3) unless the Road Minister has received the appropriate consolidated plans, which have been— (a) signed by the Surveyor-General; and (b) lodged at the Central Plan Office. (5) An Order under this clause approving consolidated plans for the Redevelopment Project area revokes and replaces any existing approved consolidated plans for the Redevelopment Project area. 6 Link Upgrade area (1) Subject to this clause, for the purposes of this Schedule, the Link Upgrade area means the areas that form part of the Redevelopment Project area that are shown coloured blue on the plans numbered LEGL./06-369 to LEGL./06-377 and lodged in the Central Plan Office, or if any of those areas of land is varied in accordance with this Part, those areas as so varied. (2) For the purposes of this Schedule, the plans referred to in subclause (1) must be read as one plan. (3) If land is added to or removed from the Link Upgrade area under clause 5, for the purposes of this Schedule, the Link Upgrade area means the areas referred to in subclause (1) as so varied. Authorised by the Chief Parliamentary Counsel 225 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project (4) If consolidated plans for the Redevelopment Project area have been approved under clause 5, then for the purposes of this Act, the Link Upgrade area means the areas of land shown as the Link Upgrade area on the current approved consolidated plans or, if any of those areas of land is varied in accordance with this Part, those areas as so varied. Part 3—Planning controls in the Redevelopment Project area 7 Amendment of planning schemes (1) In addition to any other power to prepare, adopt or approve amendments to planning schemes, the Planning Minister may— (a) on the recommendation of the Road Minister and the City Link Minister, prepare; and (b) adopt and approve— amendments to any planning scheme applying to any land in the Redevelopment Project area to facilitate the M1 Redevelopment Project. (2) Without limiting what an amendment may include, an amendment prepared under this clause may— (a) impose any conditions on the development and use of land for the purposes of the M1 Redevelopment Project that the Planning Minister may determine; and (b) provide that no permit is required for all or any part of that development or use of land; and (c) specify the Planning Minister as the responsible authority for the administration or enforcement of any provision of a Authorised by the Chief Parliamentary Counsel 226 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project planning scheme applicable to the M1 Redevelopment Project. (3) The Planning and Environment Act 1987 (except for sections 12(1)(a), 12(1)(e), 12(2) and 12(3) and Divisions 1 and 2 of Part 3 and sections 38(2) to 38(5) and 39(1) to 39(5) and any regulations made for the purposes of those provisions) applies to the preparation, adoption and approval of an amendment under this clause. (4) Section 39(7) of the Planning and Environment Act 1987 applies to an amendment prepared, adopted or approved under this clause as if before "Division 1" there were inserted "section 12(1) or". (5) Section 39(8) of the Planning and Environment Act 1987 applies to an amendment prepared or adopted under this clause as if— (a) for the expression "Except for an application under this section, a person" there were substituted "A person"; and (b) before "Division 1" there were inserted "section 12(1) or". (6) This clause has effect despite anything in section 46 of the Planning and Environment Act 1987 and that section does not apply to an amendment prepared, adopted or approved under this clause. 8 Head, Transport for Victoria to be referral Sch. 5A cl. 8 (Heading) authority amended by No. 49/2019 The Head, Transport for Victoria is deemed to be s. 183(Sch. 3 item 46(e)). specified as a referral authority in each planning scheme under the Planning and Environment Sch. 5A cl. 8 amended by Act 1987 to the extent that it applies to the No. 49/2019 Redevelopment Project area in respect of any s. 183(Sch. 3 item 46(f)). matter affecting land within the Redevelopment Project area. Authorised by the Chief Parliamentary Counsel 227 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project 9 Planning compensation Despite anything to the contrary in Part 5 of the Planning and Environment Act 1987 or in a planning scheme or amendment under that Act, that Part applies as if— (a) the Redevelopment Project area had been reserved under a planning scheme for a public purpose, being the M1 Redevelopment Project; and Sch. 5A (b) the Head, Transport for Victoria were liable cl. 9(b) amended by to pay any compensation under that Part that No. 49/2019 arises from that deemed reservation and no s. 183(Sch. 3 item 46(g)). other planning authority, responsible authority, Minister or public authority were liable to pay compensation in respect of the Redevelopment Project area under that Part. Part 4—Acquisition of Redevelopment Project land Division 1—Acquisition of land in Redevelopment Project area Subdivision 1—General 10 Application of Division to M1 Redevelopment Project Sch. 5A (1) This Division applies if, under clause 11 of cl. 10(1) amended by Schedule 5, the Head, Transport for Victoria No. 49/2019 acquires or intends to acquire any land in the s. 183(Sch. 3 item 46(h)). Redevelopment Project area for the purposes of the M1 Redevelopment Project (a redevelopment acquisition). (2) This Division applies in addition to the provisions of clause 11 of Schedule 5. Authorised by the Chief Parliamentary Counsel 228 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project (3) If the Head, Transport for Victoria exercises a Sch. 5A power conferred by clause 7 of Schedule 3 in cl. 10(3) amended by relation to the Redevelopment Project area, this No. 49/2019 Division applies to the exercise of that power in s. 183(Sch. 3 item 46(h)). addition to clause 11 of Schedule 5. (4) This Division and clause 11 of Schedule 5 do not apply to the compulsory acquisition of native title rights and interests in land in the Redevelopment Project area. 11 Modification of Land Acquisition and Compensation Act 1986—general (1) Section 3(3) of the Land Acquisition and Compensation Act 1986 does not apply to the extent that this Division is inconsistent with that Act. (2) The Redevelopment Project area is deemed to have been reserved under a planning instrument for a public purpose for the purposes of section 5 of the Land Acquisition and Compensation Act 1986. (3) Section 8(1) of the Land Acquisition and Compensation Act 1986 applies to a redevelopment acquisition as if for paragraph (e) there were substituted— "(e) state that the land is within the Redevelopment Project area within the meaning of Schedule 5A to the Road Management Act 2004;". (4) Section 43 of the Land Acquisition and Compensation Act 1986 applies to a redevelopment acquisition as if after section 43(1)(b) there were inserted— "(ba) Any special suitability or adaptability of the land in which the acquired interest subsists for a purpose for which it could be used under the Road Management Act 2004 or Authorised by the Chief Parliamentary Counsel 229 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project the Melbourne City Link Act 1995 for the purposes of the M1 Redevelopment Project within the meaning of Schedule 5A to the Road Management Act 2004.". (5) Section 109 of the Land Acquisition and Compensation Act 1986 does not apply to an interest in land acquired under a redevelopment acquisition. 12 Modification of Land Acquisition and Compensation Act 1986—regulations The regulations in force from time to time under the Land Acquisition and Compensation Act 1986 and the forms prescribed under those regulations apply in relation to the operation of this Division with such modifications as are necessary to give effect to this Division. 13 Cultural and Recreational Lands Act 1963 Section 3 of the Cultural and Recreational Lands Act 1963 does not apply to a redevelopment acquisition. Subdivision 2—Special acquisition process Sch. 5A cl. 14 14 Election by the Head, Transport for Victoria (Heading) amended by The Head, Transport for Victoria may, by notice No. 49/2019 published in the Government Gazette, elect to use s. 183(Sch. 3 item 46(i)). the procedures under this Division for the Sch. 5A cl. 14 acquisition under clause 11 of Schedule 5 of amended by specified land that is part of the Redevelopment No. 49/2019 s. 183(Sch. 3 Project area or land in a specified part of the item 46(j)). Redevelopment Project area for the purposes of the M1 Redevelopment Project. Authorised by the Chief Parliamentary Counsel 230 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project 15 Notice of intention to acquire (1) If the Head, Transport for Victoria has made an Sch. 5A cl. 15(1) election under clause 14, the Head, Transport for amended by Victoria may publish in the Government Gazette a No. 49/2019 s. 183(Sch. 3 notice of intention to acquire the specified land item 46(k)). that is part of the Redevelopment Project area or land in the specified part of the Redevelopment Project area. (2) As soon as practicable after the publication of the Sch. 5A cl. 15(2) notice under subclause (1), the Head, Transport amended by for Victoria must serve a notice of intention to No. 49/2019 s. 183(Sch. 3 acquire the land on— item 46(k)). (a) in the case of land that is under the operation of the Transfer of Land Act 1958, any person who appears from the Register to have an interest in the land; and (b) in the case of land that is not under the operation of the Transfer of Land Act 1958— (i) any person who appears from an examination of the Register kept by the Registrar-General to be the owner of the fee simple or an equity of redemption or other interest in the land; and (ii) any person whom a municipal council certifies to be liable to be rated in respect of the land under the Local Government Act 1989; and (c) any person who appears to be an occupier of the land; and (d) in the case of an acquisition of a lease over Sch. 5A cl. 15(2)(d) Crown land or a licence that constitutes an amended by interest in Crown land, any person whom the No. 70/2013 s. 4(Sch. 2 Secretary to the Department of Environment item 43.5). and Primary Industries certifies to be the Authorised by the Chief Parliamentary Counsel 231 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project holder of an interest in that lease or licence under the Land Act 1958 or the Crown Land (Reserves) Act 1978. Sch. 5A (3) A municipal council must provide a certificate cl. 15(3) amended by under subclause (2)(b)(ii) on the written No. 49/2019 application of the Head, Transport for Victoria s. 183(Sch. 3 item 46(k)). stating that it is required for the purposes of this clause. Sch. 5A cl. 16 16 Further modification of Land Acquisition and amended by No. 49/2019 Compensation Act 1986 s. 183(Sch. 3 item 46(l)). If the Head, Transport for Victoria has made an election under clause 14, then in addition to the modifications to the application of the Land Acquisition and Compensation Act 1986 made in clause 11, that Act applies to a redevelopment acquisition of the land to which the election applies as further modified by this Division. 17 Modification of Part 2 of the Land Acquisition and Compensation Act 1986 Part 2 of the Land Acquisition and Compensation Act 1986 applies to an acquisition referred to in clause 16 as if in that Act— (a) that Part referred to— (i) a notice of intention to acquire an interest in land under clause 15 of Schedule 5A to the Road Management Act 2004 instead of a notice of intention to acquire that interest under that Part; (ii) the publication of the notice of intention to acquire an interest in land in the Government Gazette under clause 15 of Schedule 5A to the Road Management Act 2004 instead of the service of a notice of intention to Authorised by the Chief Parliamentary Counsel 232 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project acquire an interest under section 6 of that Act; (b) sections 6, 7 and 13 were omitted; (c) in section 12— (i) for "section 6" there were substituted "clause 15(2) of Schedule 5A to the Road Management Act 2004"; (ii) before "while the notice is in force" there were inserted "from the date of service of that notice and"; (d) for section 14(1) there were substituted— Sch. 5A cl. 17(d) amended by "(1) The Head, Transport for Victoria may, No. 49/2019 by notice published in the Government s. 183(Sch. 3 item 46(m)(i)). Gazette, amend any error in the description of any land in a notice under clause 15 of Schedule 5A to the Road Management Act 2004 or any other matter contained in the notice. (1A) as soon as practicable after the publication of the notice under subsection (1), the Head, Transport for Victoria must serve a copy of the notice on any person on whom and in the same manner as the notice was served under clause 15 of Schedule 5A to the Road Management Act 2004;"; (e) for section 15(2) there were substituted— Sch. 5A cl. 17(e) amended by "(2) If the Head, Transport for Victoria No. 49/2019 makes a determination under subsection s. 183(Sch. 3 item 46(m)(ii)). (1), the Head, Transport for Victoria must— Authorised by the Chief Parliamentary Counsel 233 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project (a) publish a statement cancelling the notice of intention to acquire in the same manner as the notice was published under clause 15 of Schedule 5A to the Road Management Act 2004; and (b) serve a statement cancelling the notice of intention to acquire on all persons on whom the notice was served under clause 15(2) of Schedule 5A to the Road Management Act 2004."; Sch. 5A (f) for section 24 there were substituted— cl. 17(f) amended by No. 49/2019 "24 Effect of notice of acquisition s. 183(Sch. 3 item 46(m)(ii)). On publication in the Government Gazette of a notice of acquisition of land— (a) the fee simple in the land described in the notice vests in the Head, Transport for Victoria without transfer or conveyance freed and discharged from all trusts, restrictions, dedications, limitations, reservations, obligations, mortgages, encumbrances, contracts, licences, charges and rates of any kind; and (b) any interest that a person has in the land (including any interest that a public statutory authority has in the land) is divested accordingly, whether or not notice was given under clause 15 of Schedule 5A to the Road Management Act 2004 to the owner of that interest.". Authorised by the Chief Parliamentary Counsel 234 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project 18 Modification of section 104 of the Land Acquisition and Compensation Act 1986 Section 104 of the Land Acquisition and Compensation Act 1986 applies to an acquisition referred to in clause 16 as if— (a) in subsection (1) after "post" there were inserted "or by leaving it at the person's usual or last known place of residence or business with a person apparently not less than 16 years of age and apparently residing or employed at that place"; and (b) after subsection (2) there were inserted— '(2A) If a notice or other document is to be served on the occupier of any land and the name of that person is not known, the document may be addressed to "the occupier".'. 19 Further modification of Land Acquisition and Compensation Act 1986—regulations In addition to the modifications to the application of the regulations under the Land Acquisition and Compensation Act 1986 and the forms prescribed under those regulations referred to in clause 12, those regulations and forms apply in relation to an acquisition to which an election under clause 14 applies with such further modifications as are necessary to give effect to this Division. Authorised by the Chief Parliamentary Counsel 235 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project Division 2—Acquisition of native title rights and interests 20 Compulsory acquisition of native title rights and interests Sch. 5A (1) The Head, Transport for Victoria may acquire a cl. 20(1) amended by native title right or interest in land in the No. 49/2019 Redevelopment Project area by a compulsory s. 183(Sch. 3 item 46(n)(i)). process for the purposes of the M1 Redevelopment Project or any purpose connected with the M1 Redevelopment Project. (2) Subject to this Division, the Land Acquisition and Compensation Act 1986 applies to a compulsory acquisition referred to in subclause (1) and for that purpose— (a) the Road Management Act 2004 is the special Act; and Sch. 5A (b) the Head, Transport for Victoria is the cl. 20(2)(b) amended by Authority. No. 49/2019 s. 183(Sch. 3 item 46(n)(ii)). (3) Section 3(3) of the Land Acquisition and Compensation Act 1986 does not apply to the extent that this Division is inconsistent with that Act. 21 Procedure for acquisition Sch. 5A (1) For the purposes of the compulsory acquisition of cl. 21(1) amended by native title rights and interests in land, the Head, No. 49/2019 Transport for Victoria is authorised to comply s. 183(Sch. 3 item 46(o)). with any relevant procedure under the Native Title Act for a valid acquisition of those rights and interests. Authorised by the Chief Parliamentary Counsel 236 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project (2) If the procedure under section 24MD(6B) of the Sch. 5A Native Title Act applies and an objection is not cl. 21(2) amended by made under paragraph (d) of that subsection No. 49/2019 within 2 months after notice is given under that s. 183(Sch. 3 item 46(o)). subsection, the Head, Transport for Victoria may compulsorily acquire the native title rights and interests. (3) For the purposes of the application of the procedure under section 24MD(6B) of the Native Title Act in relation to the compulsory acquisition, the Tribunal is the independent body for hearing an objection under section 24MD(6B)(f) and clauses 22 and 23 apply. (4) If an objection is made under section Sch. 5A cl. 21(4) 24MD(6B)(d) of the Native Title Act to a amended by proposed compulsory acquisition of native title No. 49/2019 s. 183(Sch. 3 rights and interests, the Head, Transport for item 46(o)). Victoria may compulsorily acquire the native title rights and interests in the land if— (a) all those objections have been withdrawn; or (b) within 5 months after notification under section 24MD(6B) of the Native Title Act of a proposed compulsory acquisition a request has not been made for the objection to be referred to the Tribunal. (5) If an objection made under section 24MD(6B)(d) Sch. 5A cl. 21(5) of the Native Title Act to a proposed compulsory amended by acquisition is referred to the Tribunal and a No. 49/2019 s. 183(Sch. 3 determination is made that the proposed item 46(o)). compulsory acquisition proceed, the Head, Transport for Victoria, in accordance with the determination and subject to this Act, may compulsorily acquire the native title rights and interests. Authorised by the Chief Parliamentary Counsel 237 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project Sch. 5A (6) If the Tribunal makes a determination that the cl. 21(6) proposed compulsory acquisition not proceed, or amended by No. 49/2019 proceed subject to conditions, the Head, Transport s. 183(Sch. 3 for Victoria must comply with that determination item 46(o)). except as permitted by subparagraphs (i), (ii) and (iii) of section 24MD(6B)(g) of the Native Title Act. 22 Referral of objections to Tribunal Sch. 5A (1) A person or body that makes an objection under cl. 22(1) amended by section 24MD(6B)(d) of the Native Title Act to a No. 49/2019 proposed compulsory acquisition of native title s. 183(Sch. 3 item 46(p)(i)). rights and interests may request the Head, Transport for Victoria to refer the objection to the Tribunal. (2) A request must be made within 5 months after notification under section 24MD(6B) of the Native Title Act of the proposed compulsory acquisition. Sch. 5A (3) If a request is made, the Authority must refer the cl. 22(3) amended by objection to the Tribunal unless the Head, No. 49/2019 Transport for Victoria decides not to proceed with s. 183(Sch. 3 item 46(p)(i)). the compulsory acquisition. Sch. 5A (4) The Head, Transport for Victoria is a party to a cl. 22(4) amended by proceeding in the Tribunal in respect of an No. 49/2019 objection. s. 183(Sch. 3 item 46(p)(ii)). 23 Determination of Tribunal on objection (1) The Tribunal may make any of the following determinations in respect of an objection referred to it under clause 22— (a) a determination that the proposed compulsory acquisition that is the subject of the objection proceed; or (b) a determination that the proposed compulsory acquisition proceed subject to conditions; or Authorised by the Chief Parliamentary Counsel 238 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project (c) a determination that the proposed compulsory acquisition not proceed. (2) In making a determination, the Tribunal must take into account— (a) the likely impact of the proposed compulsory acquisition on the objector's registered native title rights and interests; and (b) the measures proposed to be taken to minimise that impact. (3) For the avoidance of doubt, a determination is not an order of the Tribunal for the purposes of the Victorian Civil and Administrative Tribunal Act 1998. Note Compare section 79 of the Native Title Act. 24 Disputed claims for compensation: native title land If the compensation payable to a person in respect of the compulsory acquisition of native title rights and interests in land to which this Division applies does not amount to compensation on just terms, the person is entitled to such additional compensation as is necessary to ensure that compensation is paid on just terms. 25 Cultural and Recreational Lands Act 1963 Section 3 of the Cultural and Recreational Lands Act 1963 does not apply to the compulsory acquisition of a right or interest under this Division. Authorised by the Chief Parliamentary Counsel 239 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project Part 5—Provision of public land and council land Division 1—Surrender or divesting of public land and council land 26 Surrender or divesting of land of public authorities and Councils (1) The Governor in Council may, by Order published in the Government Gazette— (a) require a public authority or municipal council in which land in the Redevelopment Project area is vested to surrender that land to the Crown; or (b) divest land in the Redevelopment Project area from a public authority or municipal council. (2) Subclause (1) applies whether or not that land was vested in the public authority or municipal council by or under this Act or any other Act or by any other means. Sch. 5A (3) Without limiting subclause (2), subclause (1) cl. 26(3) amended by applies to land vested in the Head, Transport for No. 49/2019 Victoria whether or not the land was vested in the s. 183(Sch. 3 item 46(q)). Head, Transport for Victoria by or under this Part. (4) Subclause (1) does not apply to land that is reserved under the Crown Land (Reserves) Act 1978. (5) A public authority or municipal council must comply with a requirement under subclause (1)(a). Authorised by the Chief Parliamentary Counsel 240 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project (6) A power may only be exercised under subclause (1) on the joint recommendation of the Road Minister and— (a) in the case of a public authority, the Minister administering the Act under which the public authority is established; or (b) in the case of a municipal council, the Sch. 5A cl. 26(6)(b) Minister administering the amended by Local Government Act 2020. No. 9/2020 s. 390(Sch. 1 item 87.4). (7) An Order under this clause may describe the land by reference to a plan or plans. 27 Surrender of interests in unreserved Crown land (1) The Road Minister may recommend to the Governor in Council that the interests (if any) of a public authority or a municipal council in any Crown land that is a part of the Redevelopment Project area be surrendered to the Crown on— (a) receiving a plan of land signed by the Surveyor-General; and (b) being satisfied that the land shown on the plan represents land, the interests in which are to be surrendered to the Crown. (2) Subclause (1) does not apply to land that is reserved under the Crown Land (Reserves) Act 1978. (3) On receiving the Minister's recommendation, the Governor in Council may, by Order published in the Government Gazette, declare that the interests (if any) in the land shown on the plan are surrendered to the Crown. (4) An Order under this clause may describe the land by reference to the plan referred to in subclause (1). Authorised by the Chief Parliamentary Counsel 241 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project 28 Effect of surrender or divesting (1) This clause applies to land on— (a) the conveyance to the Crown or the registration of an instrument of transfer and surrender to the Crown of the land that a public authority or municipal council is required to surrender under clause 26(1)(a); or (b) the publication in the Government Gazette of an Order under clause 26(1)(b) in respect of the land; or (c) the publication in the Government Gazette of an Order under clause 27 in respect of the land. (2) The land is deemed to be unalienated land of the Crown and is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests. (3) Unless the relevant Order under clause 26 or 27 expressly excludes the operation of this subclause, if any part of the land is or is being used as a road— (a) that part of the land ceases to be a road; and (b) all rights, easements and privileges existing or claimed in that part of the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease. (4) Unless the relevant Order under clause 26 or 27 expressly excludes the operation of this subclause, if any part of the land is the bed, soil and banks of a river, all rights, easements and privileges existing or claimed in that part of the land either in the public or by any body or person as incident Authorised by the Chief Parliamentary Counsel 242 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease. (5) If the relevant Order under clause 26 or 27 provides for the land or any part of the land to be reserved for the purposes of the Link Upgrade Project, the land is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Link Upgrade Project. (6) If the relevant Order under clause 26 or 27 does Sch. 5A cl. 28(6) not provide for the land to be reserved for the amended by purposes of the Link Upgrade Project, the land is No. 49/2019 s. 183(Sch. 3 vested in fee simple in the Head, Transport for item 46(r)). Victoria. (7) Subclause (3) does not apply if the land is land for which a lease has been granted under section 60 or 93G of the Melbourne City Link Act 1995. (8) This clause has effect despite anything to the contrary in section 175A of the Water Industry Act 1994, section 10 of or clause 1 of Schedule 5 to this Act or any other Act. 29 Temporary reservation may be amended or revoked The reservation of land under clause 28(5) may be amended, revoked and otherwise dealt with in accordance with the Crown Land (Reserves) Act 1978. Division 2—Removal of reservations on land 30 Land Acts not to apply This Division has effect despite anything to the contrary in the Crown Land (Reserves) Act 1978 or the Land Act 1958. Authorised by the Chief Parliamentary Counsel 243 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project 31 Revocation of reservations—entire reservation (1) If any Crown land permanently or temporarily reserved under the Crown Land (Reserves) Act 1978 is entirely within the Redevelopment Project area, the Road Minister and the Crown land Minister may jointly recommend to the Governor in Council that the reservation of that land be revoked in its entirety. (2) On receiving the Ministers' recommendation, the Governor in Council may, by Order published in the Government Gazette, revoke the following— (a) any Order in Council reserving the land; (b) any Crown grant, certificate of title or folio of the Register issued or created with respect to the land. 32 Revocation of reservations—part of reservation (1) If any Crown land permanently or temporarily reserved under the Crown Land (Reserves) Act 1978 is within the Redevelopment Project area, and if only part of the reservation of that land is to be revoked, the Road Minister and the Crown land Minister on— (a) receiving a plan of land signed by the Surveyor-General; and (b) being satisfied that the land shown on the plan represents that part of the reservation to be revoked— may jointly recommend to the Governor in Council that that part of the reservation be revoked. (2) On receiving the Ministers' recommendation, the Governor in Council may, by Order published in the Government Gazette, revoke the following— Authorised by the Chief Parliamentary Counsel 244 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project (a) any Order in Council reserving the land; (b) any Crown grant, certificate of title or folio of the Register issued or created with respect to the land— to the extent that the Order in Council, Crown grant, certificate of title or folio relates to the land shown on the plan. (3) An Order under this clause may describe the land by reference to the plan referred to in subclause (1). 33 Effect of revocation of reservation (1) This clause applies to— (a) land referred to in an Order under clause 31 on the publication of that Order in the Government Gazette; (b) land shown on a plan to which an Order under clause 32 applies, on the publication of that Order in the Government Gazette. (2) The land is deemed to be unalienated land of the Crown and is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests. (3) Unless the relevant Order under clause 31 or 32 expressly excludes the operation of this subclause, if any part of the land is or is being used as a road— (a) that part of the land ceases to be a road; and (b) all rights, easements and privileges existing or claimed in that part of the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease. Authorised by the Chief Parliamentary Counsel 245 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project (4) Unless the relevant Order under clause 31 or 32 expressly excludes the operation of this subclause, if any part of the land is the bed, soil and banks of a river, all rights, easements and privileges existing or claimed in that part of the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease. (5) The appointment of any committee of management is revoked in so far as it applies to the land. (6) Any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land. (7) If the relevant Order under clause 31 or 32 provides for the land or any part of the land to be reserved for the purposes of the Link Upgrade Project, the land is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Link Upgrade Project. Sch. 5A (8) If the relevant Order under clause 31 or 32 does cl. 33(8) amended by not provide for the land to be reserved for the No. 49/2019 purposes of the Link Upgrade Project, the land is s. 183(Sch. 3 item 46(s)). vested in fee simple in the Head, Transport for Victoria. (9) Subclause (5) does not apply if the land is land for which a lease has been granted under section 60 or 93G of the Melbourne City Link Act 1995. (10) This clause has effect despite anything to the contrary in section 175A of the Water Industry Act 1994, section 10 of this Act or any other Act. Authorised by the Chief Parliamentary Counsel 246 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project 34 Temporary reservation may be amended or revoked The reservation of land under clause 33(7) may be amended, revoked and otherwise dealt with in accordance with the Crown Land (Reserves) Act 1978. Division 3—Continuation of roads 35 Orders may continue or declare roads (1) An Order made under Division 1 or Division 2 may specify that any part of the land (that is the subject of the Order) that was a freeway or an arterial road before the publication of the Order continues to be a freeway or arterial road. (2) Any land that is specified in an Order in Sch. 5A cl. 35(2) accordance with subclause (1) continues to be a amended by freeway or an arterial road as specified in the No. 41/2020 s. 13(5). Order. (3) The Governor in Council may, by Order published in the Government Gazette, specify that any land that was the subject of an Order under Division 1 or Division 2 and that was a freeway or an arterial road immediately before the publication of the Order is to be deemed to be a freeway or an arterial road. (4) Any land that is specified in an Order in accordance with subclause (3) is, from the date of publication of the Order, deemed to be declared under section 14 of the Road Management Act 2004 as a freeway or an arterial road as specified in the Order. (5) For the avoidance of doubt it is declared that this clause has effect in addition to and not in derogation of any deemed reservation of the land under this Part. Authorised by the Chief Parliamentary Counsel 247 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project (6) Despite anything to the contrary in section 10 or any other provision of this Act, the continuation of a road or the making of an Order under this clause does not revive any rights of the public in relation to a public highway that have been extinguished under Division 1 or Division 2. (7) This clause has effect despite anything to the contrary in any other Act. Part 6—Entry into possession of certain Redevelopment Project land 36 Definitions In this Part— Sch. 5A cl. 36 redevelopment project land means— def. of redevelop- ment project (a) land that is deemed under Part 5 to be land temporarily reserved under section 4(1) amended by No. 49/2019 of the Crown Land (Reserves) s. 183(Sch. 3 Act 1978 for public purposes, being, item 46(t)). in particular, the purposes of the Link Upgrade Project; or (b) land that is vested in the Head, Transport for Victoria under Part 5. relevant date in relation to land means the date on which the land first became redevelopment project land. Sch. 5A cl. 37 37 Power to enter into possession amended by No. 49/2019 s. 183(Sch. 3 Subject to this Part, the Head, Transport for item 46(u)). Victoria may enter into possession of redevelopment project land. Authorised by the Chief Parliamentary Counsel 248 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project 38 Head, Transport for Victoria must try to obtain Sch. 5A cl. 38 agreement (Heading) amended by The Head, Transport for Victoria must diligently No. 49/2019 s. 183(Sch. 3 endeavour to obtain agreement with the person in item 46(v)). occupation of redevelopment project land (the Sch. 5A cl. 38 occupier) as to the terms on which the Head, amended by No. 49/2019 Transport for Victoria will enter into possession of s. 183(Sch. 3 the land. item 46(w)). 39 Time for entry into possession—general Sch. 5A cl. 39 amended by No. 49/2019 If, at the relevant date, redevelopment project land s. 183(Sch. 3 is not used by any person as the principal place of item 46(x)). residence or business of that person, the Head, Transport for Victoria may enter into possession of the land at any time after the relevant date after giving 7 days notice in writing of its intention to enter into possession to the occupier of the land. 40 Time for entry into possession—residence or business (1) Subject to this Part, if redevelopment project land Sch. 5A cl. 40(1) or part of redevelopment project land is used, at amended by the relevant date, by a person as the principal No. 49/2019 s. 183(Sch. 3 place of residence or business of that person, the item 46(y)). Head, Transport for Victoria must not enter into possession of— (a) the part of the land so used; or (b) if the whole of the land is so used, that land— before the end of 3 months after the relevant date and unless the Head, Transport for Victoria has given 7 days notice in writing of its intention to enter into possession to the occupier of the land. Authorised by the Chief Parliamentary Counsel 249 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project (2) The occupier is not liable for the payment of rent in respect of the occupation of that part of the redevelopment project land that is used as the principal place of residence or business of the occupier during the 3 month period referred to in subclause (1). Sch. 5A (3) If the occupier ceases of the occupier's own cl. 40(3) amended by accord to occupy the redevelopment project land No. 49/2019 before the end of the 3 month period referred to in s. 183(Sch. 3 item 46(y)). subclause (1), the entitlement of that person under this Part to occupy the land without payment of rent to the Head, Transport for Victoria also ceases. (4) If the occupier was in occupation of the land immediately before the relevant date— (a) in accordance with section 26(2) of the Land Acquisition and Compensation Act 1986 or an agreement under section 26(6) of that Act; or (b) in accordance with section 20E(2) of the Project Development and Construction Management Act 1994 or an agreement under section 20E(6) of that Act— this Part applies as if the 3 month period referred to in subclause (1) were the remainder of the period of occupation permitted under the relevant provision or agreement specified in paragraph (a) or (b) of this subclause. Sch. 5A (5) If the occupier was in occupation of the land cl. 40(5) amended by before the relevant date— No. 49/2019 s. 183(Sch. 3 (a) in accordance with section 26(2) of the Land item 46(y)). Acquisition and Compensation Act 1986 or an agreement under section 26(6) of that Act; or Authorised by the Chief Parliamentary Counsel 250 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project (b) in accordance with section 20E(2) of the Project Development and Construction Management Act 1994 or an agreement under section 20E(6) of that Act— and the period of occupation permitted under the relevant provision or agreement specified in paragraph (a) or (b) had ended before the relevant date, the Head, Transport for Victoria may enter into possession of the land at any time after the relevant date after giving 7 days notice in writing of its intention to enter into possession to the occupier of the land. 41 Early entry of place of residence or business (1) Clause 40 does not apply if— (a) the Governor in Council certifies that having Sch. 5A cl. 41(1)(a) regard to— amended by No. 49/2019 (i) the urgency of the case or any other s. 183(Sch. 3 item 46(z)(i)). exceptional circumstances; and (ii) the public interest— it is not practicable for the Head, Transport for Victoria to delay entry into possession of the redevelopment project land until after the end of the 3 month period referred to in clause 40(1); or (b) the Head, Transport for Victoria and the Sch. 5A cl. 41(1)(b) occupier have, with the consent of the amended by Minister, entered into an agreement in No. 49/2019 s. 183(Sch. 3 relation to the time of entry into possession item 46(z)(i)). of the redevelopment project land by the Head, Transport for Victoria. (2) A certificate under subclause (1)(a) must specify Sch. 5A cl. 41(2) the date on which the Head, Transport for Victoria amended by is to take possession. No. 49/2019 s. 183(Sch. 3 item 46(z)(i)). Authorised by the Chief Parliamentary Counsel 251 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project Sch. 5A (3) The Head, Transport for Victoria must serve a cl. 41(3) copy of the certificate under subclause (1)(a) on amended by No. 49/2019 the occupier. s. 183(Sch. 3 item 46(z)(ii)). (4) The occupier whose period of occupation of the redevelopment project land was abridged under subclause (1)(a) is entitled to claim compensation under Part 7 for any loss or damage that is incurred as a direct, natural and reasonable consequence of that abridgment and for which the person could not otherwise make a claim under that Part. (5) The compensation payable pursuant to subclause (4) may be paid to— (a) the person who is entitled to claim the compensation; or (b) the constituted attorney of that person. 42 Occupation may be extended by agreement Sch. 5A (1) The period of occupation of the redevelopment cl. 42(1) amended by project land after the relevant date (including the No. 49/2019 3 month period referred to in clause 40(1)) may s. 183(Sch. 3 item 46(za)). be extended by agreement in writing between the Head, Transport for Victoria and the occupier of the redevelopment project land. Sch. 5A (2) An agreement under subclause (1) must provide cl. 42(2) amended by for the payment of rent by the occupier of the No. 49/2019 relevant land to the Head, Transport for Victoria. s. 183(Sch. 3 item 46(za)). 43 Continued occupation without agreement If a person continues to occupy redevelopment project land after the period permitted under clause 40 or the relevant date (as the case may be) and an agreement has not been entered into under Authorised by the Chief Parliamentary Counsel 252 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project clause 42 in respect of that occupation, that person— (a) is to be taken to be in possession of the land Sch. 5A cl. 43(a) in pursuance of a tenancy determinable at amended by will by the Head, Transport for Victoria; and No. 49/2019 s. 183(Sch. 3 item 46(zb)). (b) is liable to pay to the Head, Transport for Sch. 5A cl. 43(b) Victoria a fair market rent in respect of that amended by continued occupation. No. 49/2019 s. 183(Sch. 3 item 46(zb)). 44 Recovery of rent Sch. 5A cl. 44 amended by No. 49/2019 Any rent payable to the Head, Transport for s. 183(Sch. 3 Victoria under this Part may be recovered as a item 46(zc)). debt due to the Head, Transport for Victoria in any court of competent jurisdiction. 45 Proceedings where refusal to give up possession (1) If the Head, Transport for Victoria is entitled Sch. 5A cl. 45(1) under this Part to enter into possession of amended by redevelopment project land and the occupier of No. 49/2019 s. 183(Sch. 3 the land or any other person— item 46(zd)). (a) refuses to give up the possession of the land; or (b) hinders the Head, Transport for Victoria Sch. 5A cl. 45(1)(b) from entering on and taking possession of amended by the land— No. 49/2019 s. 183(Sch. 3 item 46(zd)). the Head, Transport for Victoria may issue its warrant under this clause to the sheriff. (2) A warrant issued under this clause authorises the sheriff to— (a) enter onto the land specified in the warrant; and Authorised by the Chief Parliamentary Counsel 253 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project Sch. 5A (b) deliver possession of the land to the Head, cl. 45(2)(b) Transport for Victoria or the person amended by No. 49/2019 appointed in the warrant to receive s. 183(Sch. 3 possession of the land; and item 46(zd)). (c) use such force as is reasonably necessary to execute the warrant. Sch. 5A (3) On receipt of a warrant issued under this clause, cl. 45(3) amended by the sheriff must deliver possession of the land to No. 49/2019 the Head, Transport for Victoria or the person s. 183(Sch. 3 item 46(zd)). appointed in the warrant to receive possession of the land. (4) The costs incurred in the issuing and execution of a warrant must be paid by the person refusing to give up possession. Sch. 5A (5) The amount of the costs and the amount of any cl. 45(5) amended by rent owed by that person must be deducted and No. 49/2019 retained by the Head, Transport for Victoria from s. 183(Sch. 3 item 46(zd)). the compensation (if any) payable under Part 7 to that person. (6) If no compensation is payable to that person or if the compensation payable is less than the amount of the costs and rent (if any) then payment of the amount in excess of the compensation must if not paid on demand be enforced by a warrant to seize property. Sch. 5A (7) On application by the Head, Transport for cl. 45(7) amended by Victoria, a magistrate must issue a warrant for the No. 49/2019 purposes of subclause (6). s. 183(Sch. 3 item 46(zd)). Sch. 5A * * * * * cl. 45(8) repealed by No. 87/2009 s. 31. Authorised by the Chief Parliamentary Counsel 254 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project 46 Residential Tenancies Act 1997 not to apply Nothing in the Residential Tenancies Act 1997 applies to or in relation to any matter provided for or any proceedings under this Part. 47 Giving of notices and documents (1) Any notice or other document that the Head, Sch. 5A cl. 47(1) Transport for Victoria is required to give to any amended by person under this Part may be served on that No. 49/2019 s. 183(Sch. 3 person personally or by post. item 46(ze)). (2) If the Head, Transport for Victoria does not know Sch. 5A cl. 47(2) the location of a person on whom the Head, amended by Transport for Victoria is required to serve the No. 49/2019 s. 183(Sch. 3 notice or document, the notice or document may item 46(ze)). be served— (a) by publication of a copy of it in a newspaper circulating generally throughout the State; and (b) by affixing it in a prominent place on the land to which it relates. 48 Minor misdescription not to invalidate notice The validity of any notice under this Part is not affected by any misdescription in it of the land or of any interest in the land if sufficient information appears on the face of the notice to identify the land or interest affected. 49 Process under this Part may be completed Sch. 5A cl. 49 amended by No. 49/2019 If the Head, Transport for Victoria has s. 183(Sch. 3 commenced a process under this Part to enter into item 46(zf)). possession of land vested in it under Part 5 and, before the Head, Transport for Victoria enters into possession of the land, the land is deemed under Part 5 to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978, the Head, Transport for Victoria may complete any process and take any further action Authorised by the Chief Parliamentary Counsel 255 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project under this Part to obtain possession of the land as if the land had not been so reserved. Part 7—Compensation for surrendered or divested or reserved land 50 Compensation—surrender, divesting or revocation of reservation (1) Subject to this Part and the Land Acquisition and Compensation Act 1986, every person who immediately before the publication of an Order under Division 1 or 2 of Part 5 had a legal or equitable estate or interest in land to which the Order applies has a claim for compensation. Sch. 5A (2) The Land Acquisition and Compensation cl. 50(2) amended by Act 1986 (except sections 31 to 36) applies to No. 49/2019 the determination of compensation payable under s. 183(Sch. 3 item 46(zg)). this clause as if the publication of the Order were a notice of acquisition of that estate or interest and the Head, Transport for Victoria had acquired that estate or interest. (3) Section 43 of the Land Acquisition and Compensation Act 1986 applies to the determination of compensation under this clause as if after section 43(1)(b) there were inserted— "(ba) Any special suitability or adaptability of the land in which the acquired interest subsists for a purpose for which it could be used under the Road Management Act 2004 or the Melbourne City Link Act 1995 for the purposes of the M1 Redevelopment Project within the meaning of the Road Management Act 2004.". (4) This clause does not apply to— (a) an estate or interest held by a public statutory authority; or Authorised by the Chief Parliamentary Counsel 256 Road Management Act 2004 No. 12 of 2004 Schedule 5A—Specific provisions relating to the M1 Redevelopment Project (b) an estate or interest (other than an interest in fee simple) held by a municipal council. 51 Compensation for municipal councils in certain circumstances (1) This clause applies to land that was under the control of a municipal council immediately before the publication of an Order under Division 2 of Part 5 in relation to that land. (2) If the municipal council has— Sch. 5A cl. 51(2) amended by (a) sustained any pecuniary loss; or No. 49/2019 s. 183(Sch. 3 (b) incurred any expense— item 46(zh)). as a direct, natural and reasonable consequence of the Order, the municipal council may claim the amount of that loss or expense from the Head, Transport for Victoria. (3) For the purposes of subclause (2), the value of the land must not be taken into account when calculating the loss sustained or expense incurred by the municipal council. (4) A claim under subclause (2) must be made within 2 years after the Order was made. (5) Section 48 and Parts 10 and 11 of the Land Acquisition and Compensation Act 1986 apply to a claim under subclause (2) as if it were a claim under section 47(1) of that Act. 52 No other compensation payable Sch. 5A cl. 52 amended by No. 49/2019 Except as provided in this Part or clause 41 or s. 183(Sch. 3 section 127, no compensation is payable by the item 46(zi)). Crown or the Head, Transport for Victoria in respect of anything done or arising out of Part 5 or Part 6. Authorised by the Chief Parliamentary Counsel 257 Road Management Act 2004 No. 12 of 2004

Schedule 5A—Specific provisions relating to the M1 Redevelopment Project Part 8—General 53 Effect of reservation of a stratum of Crown land (1) If a stratum of Crown land becomes redevelopment project land, any reservation or other right, title, trust, limitation, reservation, restriction, encumbrance, estate or interest— (a) that applied both to that stratum of land and to any other stratum of land, immediately before the relevant date; and (b) that was revoked or surrendered with respect to the redevelopment project land on the reservation of the stratum— continues to apply to the other strata of land to which it applied immediately before the relevant date, despite the stratum becoming redevelopment project land. (2) In this clause redevelopment project land and relevant date have the same meanings as they have in Part 6. 54 Action by Registrar of Titles On being requested to do so and on delivery of any relevant instrument or document (but without production of a duplicate Crown grant or certificate of title), the Registrar of Titles must, as soon as practicable, make any recordings in the Register that are necessary because of the operation of this Schedule. Authorised by the Chief Parliamentary Counsel 258 Road Management Act 2004 No. 12 of 2004 Schedule 6—Specific protection of roads and adjoining land powers of State road authorities Schedule 6—Specific protection of roads and adjoining land powers of State road authorities 1 Exercise of powers in relation to private roads (1) A State road authority may at its discretion exercise any of its powers with respect to roads in relation to a private road— (a) with the agreement of the owner of, or person responsible for, the private land; or (b) if the State road authority has reasonable grounds for considering that it is necessary or desirable to do so in the interests of public safety or for environmental reasons. (2) A State road authority may charge a reasonable amount for any works conducted under this clause. 2 Power concerning holes and other dangers A State road authority may— (a) fill any hole or excavation in or near a road; (b) remove any cause of possible damage to a road, or of danger to anyone or anything using the road; (c) erect or restore any fence near any hole or excavation that is near a road; (d) require a person to do any of the things listed in paragraphs (a), (b) and (c). 3 Power in respect of neighbouring land (1) A coordinating State road authority may exercise the power conferred by this clause in any case where the coordinating State road authority considers that— Authorised by the Chief Parliamentary Counsel 259 Road Management Act 2004 No. 12 of 2004 Schedule 6—Specific protection of roads and adjoining land powers of State road authorities (a) the condition of land near a road may adversely affect— (i) the safety of users of the road; or (ii) the structural integrity of any part of the road; or (b) a thing on land near a road constitutes a danger to persons or vehicles lawfully entitled to use the road. (2) Without limiting the generality of subclause (1), the condition of land near a road is to be taken to adversely affect the safety of users of the road if— (a) the condition of the land may obscure the field of view of users of the road; or (b) the condition may distract the attention of a driver of a vehicle on the road. (3) If this clause applies, the coordinating State road authority may serve a notice on the owner or occupier of the land to remove, mitigate or rectify the condition or thing specified in the notice. (4) Without limiting the generality of the power, the power includes directing— (a) the removal of overhanging trees or other encroachments on air space over a road; (b) that the landform of the land be altered; (c) that measures be taken to reduce the flow of water onto a road, including the removal of levee banks or other constructed features that have altered the natural flow of water; (d) that the risk of materials coming onto the road from the land be reduced; (e) that excavations on the land are to be filled; Authorised by the Chief Parliamentary Counsel 260 Road Management Act 2004 No. 12 of 2004 Schedule 6—Specific protection of roads and adjoining land powers of State road authorities (f) that fences are erected, lights are installed or other measures taken with respect to hazards on the land; (g) the removal of a hoarding or sign; (h) the removal or modification of specified traffic hazards; (i) that rectification works specified in the notice be conducted within the time specified. Note Section 61 provides that it is an offence to fail to comply with a direction without reasonable excuse. 4 Power of State road authority to take remedial action (1) Subject to this Act, a State road authority may enter any land to which clause 3 applies for the purpose of exercising powers under that clause if— (a) the owner or occupier has not complied with a direction under that clause; or (b) the State road authority considers that there is an emergency or that the works are required urgently to ensure public safety, the structural integrity of the road or the movement of traffic on the road. (2) The Head, Transport for Victoria may— Sch. 6 cl. 4(2) amended by No. 49/2019 s. 183(Sch. 3 item 47(a)). (a) cause to be removed, destroyed or blocked Sch. 6 cl. 4(2)(a) any means of access to or from a freeway amended by constructed, formed or laid out without the No. 49/2019 s. 183(Sch. 3 consent of the Head, Transport for Victoria; item 47(b)). and Authorised by the Chief Parliamentary Counsel 261 Road Management Act 2004 No. 12 of 2004

Schedule 6—Specific protection of roads and adjoining land powers of State road authorities (b) cause to be erected and maintained fences, posts or other obstructions along any part of a freeway or along or across any entrance, approach or means of access thereto for the purpose of preventing access to the freeway. (3) The relevant coordinating State road authority may cause to be removed, destroyed or blocked any access points on a controlled access road constructed without the consent of the relevant coordinating State road authority. 5 Power to take actions to secure structural integrity of road Without limiting the powers conferred by clauses 3 and 4, a State road authority may construct, install and maintain structures or works on any land near a road for the purpose of ensuring the structural integrity of the road. Authorised by the Chief Parliamentary Counsel 262 Road Management Act 2004 No. 12 of 2004 Schedule 7—Infrastructure and works on roads Schedule 7—Infrastructure and works on roads Part 1—Specific duties of infrastructure managers or works managers 1 Duty to apply principles An infrastructure manager or works manager must have regard to the principles in clause 14 in the performance of its functions or the exercise of powers in the provision of non-road infrastructure on roads. 2 Duty to act in accordance with good engineering practice or relevant industry standard An infrastructure manager or works manager must in installing non-road infrastructure and conducting related works apply good engineering practice and relevant industry standards. 3 Duty to have traffic management plan An infrastructure manager or works manager must comply with— (a) any requirements in relation to the safety of road users; and (b) section 99A of the Road Safety Act 1986. 4 Duty to cooperate An infrastructure manager or works manager must cooperate in good faith with any other infrastructure manager or works manager in coordinating the management and maintenance of infrastructure and related works on a road. Authorised by the Chief Parliamentary Counsel 263 Road Management Act 2004 No. 12 of 2004 Schedule 7—Infrastructure and works on roads 5 Duty to avoid unnecessary delay or obstruction or interference with infrastructure An infrastructure manager or works manager must— (a) if practicable, use methods which do not involve excavating or breaking up the surface of a roadway or pathway or interfering with infrastructure in preference to methods that do; (b) if it is necessary to excavate or break up the surface of a roadway or pathway, the works should be conducted— (i) at a time and in a manner to minimise as far as is reasonably practicable inconvenience to road users and other persons; and (ii) so as to minimise long term damage or disruption; (c) as far as is practicable, reinstate at its own cost the roadway or pathway or infrastructure to the standard before the works were commenced. 6 Duty to maintain non-road infrastructure or related works to a satisfactory standard An infrastructure manager must take reasonable measures to— (a) maintain the non-road infrastructure or related works to a satisfactory state of repair; (b) avoid causing damage to the roadway, road infrastructure or non-road infrastructure; (c) repair any damage caused to the roadway, road infrastructure or non-road infrastructure by a failure of infrastructure for which the infrastructure manager is responsible; Authorised by the Chief Parliamentary Counsel 264 Road Management Act 2004 No. 12 of 2004 Schedule 7—Infrastructure and works on roads (d) take reasonable precautions to ensure that anything placed on a roadway or pathway does not cause an obstruction or inconvenience; (e) take reasonable precautions to ensure that anything placed on a roadway or pathway does not cause an obstruction or danger to any person with a disability; (f) in the case of any part of a road used for rail infrastructure, ensure that the condition of the surface is maintained to a standard which is equivalent to the standard of the adjacent road surface. Example Example to Sch. 7 cl. 6 A road authority, a utility or a provider of public transport amended by which has infrastructure in a road must take care that its pit No. 17/2009 s. 12(13). lids, access hole covers, gratings and similar things are kept flush with the surrounding surface of the roadway or pathway so that they do not cause a hazard or adversely affect the smooth passage of traffic. 7 Duty to give notice to relevant coordinating road authority (1) An infrastructure manager or works manager must Sch. 7 cl. 7(1) amended by give notice to the relevant coordinating road No. 49/2019 authority of any proposed installation of non-road s. 183(Sch. 3 item 48). infrastructure or related works on the road reserve. (1A) For the avoidance of doubt, subclause (1) does not Sch. 7 cl. 7(1A) apply to an infrastructure manager or works inserted by manager which is also the relevant coordinating No. 49/2019 s. 183(Sch. 3 road authority. item 49). (2) Subclause (1) does not apply if the proposed installation of non-road infrastructure or related works are necessary because of an emergency, but the infrastructure manager or works manager must advise the relevant coordinating road authority about the installation of non-road infrastructure or related works as soon as is reasonably practicable. Authorised by the Chief Parliamentary Counsel 265 Road Management Act 2004 No. 12 of 2004 Schedule 7—Infrastructure and works on roads 8 Duty to give notice to other infrastructure manager or works manager (1) Unless subclause (3) or (4) applies, an infrastructure manager or works manager must give notice to any other infrastructure manager or works manager responsible for any non-road infrastructure in the area which could be affected by any proposed installation of infrastructure or related works on a road or the road reserve of any road. (2) The infrastructure manager or works manager must negotiate in good faith so as to minimise any adverse effects on any other non-road infrastructure. (3) Subclause (1) does not apply if the proposed installation of infrastructure or related works are necessary because of an emergency, but the infrastructure manager or works manager must advise any other infrastructure manager or works manager responsible for non-road infrastructure in the area which could be affected about the installation of non-road infrastructure or related works as soon as is reasonably practicable. (4) Subclause (1) does not apply if an exemption under the regulations applies. Notes to Notes Sch. 7 cl. 8 inserted by 1 See sections 48EA, 48EB, 48EC and 48F for notification No. 17/2009 requirements in certain circumstances. s. 20(5), amended by 2 There may also be notification obligations which are relevant Nos 22/2013 s. 73, 41/2019 under the Rail Safety National Law (Victoria). s. 117(Sch. 1 item 11.11). 9 Duty to provide information (1) An infrastructure manager responsible for non-road infrastructure must comply with a request for information from a coordinating road Authorised by the Chief Parliamentary Counsel 266 Road Management Act 2004 No. 12 of 2004 Schedule 7—Infrastructure and works on roads authority, an infrastructure manager or a works manager responsible for existing or proposed road infrastructure or non-road infrastructure which is reasonably required in relation to— (a) the location of any non-road infrastructure; and (b) technical advice or assistance relating to the conduct of any works on that non-road infrastructure in a safe manner. (2) If an infrastructure manager or works manager becomes aware that any infrastructure or works for which another infrastructure manager or works manager is responsible— (a) is not in the location shown in the relevant records; or (b) appears to be in an unsafe condition; or (c) appears to be in need of repair or maintenance— the infrastructure manager or works manager must give that information to the other infrastructure manager or works manager. 10 Duty to consult members of the public (1) This clause applies if an infrastructure manager or works manager is proposing to install non-road infrastructure or conduct related works which are likely to significantly affect— (a) occupiers or owners of property near the road; or (b) a class of road users or another section of the public. (2) If practicable, the infrastructure manager or works manager should conduct appropriate consultation with the persons likely to be significantly affected. Authorised by the Chief Parliamentary Counsel 267 Road Management Act 2004 No. 12 of 2004 Schedule 7—Infrastructure and works on roads 11 Duty to take other reasonable measures to minimise disruption and ensure safety While works are being conducted on a road, the works manager must take all reasonable measures to— (a) minimise disruption to traffic; (b) ensure the safety of the works for road users and adjoining properties; (c) make adequate provision for persons with a disability. 12 Duty to reinstate (1) In completing the works, the works manager must after the works are completed reinstate the roadway, pathway or area of roadside to the standard before the works were commenced— (a) as promptly as is reasonably practicable; and (b) as nearly as is reasonably practicable to an equivalent standard of quality and design; and (c) so as to ensure that any feature to assist persons with a disability is restored. (2) If a works manager (other than a coordinating road authority) has not completed the works as required by this clause, the relevant coordinating road authority may direct the infrastructure manager or works manager to conduct reinstatement works as specified in the direction within the period specified in the direction. (3) If an infrastructure manager or works manager fails to comply with a direction under subclause (2), the relevant coordinating road authority may take measures to ensure the reinstatement works are completed. Authorised by the Chief Parliamentary Counsel 268 Road Management Act 2004 No. 12 of 2004 Schedule 7—Infrastructure and works on roads (4) For the purposes of subclause (3), if but for this clause the conduct of the works would be regulated by another law, the relevant coordinating road authority must ensure that as far as is reasonably practicable the works are conducted by an appropriately qualified person in compliance with that law. (5) The relevant coordinating road authority may recover any costs reasonably incurred under subclause (3) from the infrastructure manager or works manager. 13 Notice of completion of works (1) The works manager must within 7 days of completing any works, including any reinstatement works, notify the relevant coordinating road authority as to the works that have been completed. (1A) For the avoidance of doubt, subclause (1) does not Sch. 7 cl. 13(1A) apply to a works manager which is also the inserted by relevant coordinating road authority. No. 49/2019 s. 183(Sch. 3 item 50). (2) The period of 7 days specified in subclause (1) may be varied by— (a) the relevant coordinating road authority; (b) the regulations. (3) The infrastructure manager must ensure that the works manager has complied with this clause. Notes 1 Section 64 provides that it is an offence to fail to give Note 1 to Sch. 7 cl. 13(3) notice. amended by No. 49/2019 s. 183(Sch. 3 item 51). 2 The Regulations may provide for an exemption from the requirement to give notice: see section 132(3)(b). Authorised by the Chief Parliamentary Counsel 269 Road Management Act 2004 No. 12 of 2004 Schedule 7—Infrastructure and works on roads Part 2—Specific powers of coordinating road authorities with respect to infrastructure and works on roads 14 Principles applying to infrastructure managers and works managers (1) An infrastructure manager or a works manager must have regard to the principles specified in this clause in the provision of non-road infrastructure on roads. (2) The primary purpose of a road is use by members of the public and authorised uses must be managed as far as is reasonably practicable in such a way as to minimise any adverse impacts on the primary purpose. (3) Without limiting the generality of subclause (2), authorised uses must be managed so as to— (a) minimise any damage to roads and road infrastructure; (b) ensure that any works necessary for the provision of non-road infrastructure are conducted as quickly as practicable; (c) minimise any disruption to road users; Sch. 7 (ca) minimise any disruption to users of different cl. 14(3)(ca) inserted by modes of transport which have priority on No. 17/2009 specified roads; s. 14(6). (d) minimise any risk to the safety and property of road users and the public generally; (e) facilitate the design and installation of infrastructure which minimises any risk to the safety of road users; Authorised by the Chief Parliamentary Counsel 270 Road Management Act 2004 No. 12 of 2004 Schedule 7—Infrastructure and works on roads (f) ensure that the road and any other infrastructure is reinstated as nearly as practicable to the condition existing before the works necessary for the provision of the non-road infrastructure were conducted; (g) protect and preserve existing significant roadside vegetation and sites of biological significance within the road reserve. 15 Duties of infrastructure managers and works managers (1) This clause applies to any infrastructure manager or works manager which— (a) is responsible for the provision of any non- road infrastructure on a road reserve; or (b) carries out any works on a road; or (c) exercises any power or function conferred by any other Act or law which affects a road. (2) If an infrastructure manager or works manager is required to comply with a duty or a condition of a consent under this Act, the infrastructure manager or works manager must meet the cost of complying with that duty or condition. (3) The duties set out in this Schedule also apply to any other person who installs infrastructure on a road or conducts works on a road without being authorised to do so. 16 Consent of coordinating road authority (1) A person may apply to the coordinating road authority for written consent to the conduct of proposed works on a road as specified in the application. Authorised by the Chief Parliamentary Counsel 271 Road Management Act 2004 No. 12 of 2004 Schedule 7—Infrastructure and works on roads Notes 1 It is an offence to conduct works on a road unless consent has been obtained or an exemption or other circumstances apply: see section 63. 2 The Regulations may provide for an exemption from a requirement to obtain consent to the conduct of proposed works: see section 132(3)(a). (2) Without limiting the generality of subclause (1), proposed works includes— (a) installing any infrastructure, erecting any structure or carrying out related activities in, on or over a road; (b) digging or disturbing the surface of a road; (c) removing any infrastructure, structure or other object on a road; (d) pumping water onto a road; (e) erecting any obstruction on a road. (3) If the proposed works affect any non-road infrastructure which is the responsibility of an infrastructure manager or works manager other than the applicant, the application must include the prescribed particulars in relation to the compliance or proposed compliance of the applicant with the relevant requirements of Part 1. (4) If an application for consent is made by an infrastructure manager, the coordinating road authority must consult with the infrastructure manager and the responsible road authority before determining the application. Sch. 7 (4A) For the avoidance of doubt, the coordinating road cl. 16(4A) inserted by authority is not required to consult with the No. 49/2019 responsible road authority under subclause (4) if s. 183(Sch. 3 item 52). the coordinating road authority is also the responsible road authority. Authorised by the Chief Parliamentary Counsel 272 Road Management Act 2004 No. 12 of 2004 Schedule 7—Infrastructure and works on roads (5) A coordinating road authority may having regard to the works and infrastructure management principles— (a) upon an application, give its consent to proposed works; or (b) upon an application, refuse to give its consent to proposed works but consent is not to be unreasonably withheld; or (c) at its initiative without an application, give its consent to proposed works; or (d) give its consent so as to apply to a particular case or class of cases or generally to apply to all cases or to different classes of cases. Example Example to Sch. 7 cl. 16(5) A municipal council which is a coordinating road authority amended by could give ongoing consent to a utility or a provider of No. 17/2009 s. 12(14). public transport for the placement of an infrastructure item on municipal roads subject to reasonable conditions about the timing of the works to reduce disruption to traffic or the design or placement of infrastructure items of that kind to reduce traffic hazards. (6) A coordinating road authority may, having regard to the works and infrastructure management principles, give its consent subject to any reasonable conditions relating to the conduct of the proposed works which the coordinating road authority considers appropriate. Note Note to Sch. 7 cl. 16(6) The Regulations may restrict or provide for circumstances amended by or conditions relating to the exercise of the power of a No. 17/2009 s. 24(2). coordinating road authority to impose conditions on a consent to the conduct of proposed works: see sections 132(3)(c) and 132(3)(ca). (7) Without limiting the generality of subclause (6), conditions may include conditions relating to— (a) the location of any proposed infrastructure; Authorised by the Chief Parliamentary Counsel 273 Road Management Act 2004 No. 12 of 2004 Schedule 7—Infrastructure and works on roads (b) the timing of any works; (c) the use of any infrastructure. Examples A condition may require that an item of infrastructure is to be located at a certain setback from a roadway. A condition may require that particular infrastructure be of a particular design or standard so as to minimise danger to road users. A condition may require that particular infrastructure only be used for certain purposes or at certain times. (8) A coordinating road authority may include consents and conditions which are to apply generally in respect to all cases or to different classes of cases in an agreement under clause 18. Sch. 7 cl. 16(9) (9) Conditions subject to which a consent is given amended by No. 55/2013 under this clause must not— s. 26(6). (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. Authorised by the Chief Parliamentary Counsel 274 Road Management Act 2004 No. 12 of 2004 Schedule 7—Infrastructure and works on roads (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. 17 Process 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. 18 Agreements 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. Authorised by the Chief Parliamentary Counsel 275 Road Management Act 2004 No. 12 of 2004 Schedule 7—Infrastructure and 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. 19 Power 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. Authorised by the Chief Parliamentary Counsel 276 Road Management Act 2004 No. 12 of 2004

Schedule 7—Infrastructure and works on roads 20 Power 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. Authorised by the Chief Parliamentary Counsel 277 Road Management Act 2004 No. 12 of 2004 Schedule 7A—Street lighting Sch. 7A inserted by Schedule 7A—Street lighting No. 74/2007 1 Definitions s. 79. 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; 2 Power 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. 3 Responsibility 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 Authorised by the Chief Parliamentary Counsel 278 Road Management Act 2004 No. 12 of 2004 Schedule 7A—Street lighting (c) in the case of EastLink—by the EastLink corporation; and (ca) in the case of the West Gate Tunnel Sch. 7A cl. 3(1)(ca) tollway—by the West Gate Tunnel inserted by Corporation; and No. 8/2019 s. 146. (cb) in the case of the North East Link road—by Sch. 7A cl. 3(1)(cb) the North East Link State Tolling inserted by Corporation; and No. 18/2020 s. 153. (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 Sch. 7A cl. 3(2)(b) Head, Transport for Victoria and the relevant amended by municipal council in the following No. 49/2019 s. 183(Sch. 3 proportions— item 53). Authorised by the Chief Parliamentary Counsel 279 Road Management Act 2004 No. 12 of 2004

Schedule 7A—Street lighting Sch. 7A (i) 60% by the Head, Transport for cl. 3(2)(b)(i) Victoria; amended by No. 49/2019 s. 183(Sch. 3 item 53). (ii) 40% by the council. Sch. 7A cl. 4 * * * * * expired by force of No. 12/2004 Sch. 7A cl. 4(5). Authorised by the Chief Parliamentary Counsel 280 Road Management Act 2004 No. 12 of 2004 Schedule 8—Road management infringements Schedule 8—Road management Sch. 8 amended by infringements No. 28/2009 s. 61. Road Management Infringement Specified Penalty Construction of unauthorised access point to a 3 penalty units in the freeway (section 60(1)) 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 3 penalty units in the written consent for construction of an access case of a natural person point to a freeway is subject (section 60(2)) or 15 penalty units in the case of a body corporate Constructing or changing the means of entry to 3 penalty units in the or exit from a controlled access road without case of a natural person authorisation (section 60(3)) or 15 penalty units in the case of a body corporate Failure to comply with a condition to which an 3 penalty units in the authorisation for constructing or changing the case of a natural person means of entry to or exit from a controlled or 15 penalty units in the access road is subject (section 60(4)) case of a body corporate Conducting works in, on, under or over a road 3 penalty units in the without written consent (section 63) 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 2 penalty units in the (section 64) 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 Authorised by the Chief Parliamentary Counsel 281 Road Management Act 2004 No. 12 of 2004 Schedule 9—Transitional and savings provisions Schedule 9—Transitional and savings provisions 1 Declaration 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. Authorised by the Chief Parliamentary Counsel 282 Road Management Act 2004 No. 12 of 2004 Schedule 9—Transitional and savings provisions (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-Street Bridge 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. 2 Savings 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. Authorised by the Chief Parliamentary Counsel 283 Road Management Act 2004 No. 12 of 2004

Schedule 9—Transitional and savings provisions (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. Authorised by the Chief Parliamentary Counsel 284 Road Management Act 2004 No. 12 of 2004 Schedule 10—Further transitional and savings provisions and other provisions Schedule 10—Further transitional and Sch. 10 (Heading) savings provisions and other provisions amended by No. 45/2016 s. 11. 1 Application 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. 2 Provisions 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. Authorised by the Chief Parliamentary Counsel 285 Road Management Act 2004 No. 12 of 2004

Schedule 10—Further transitional and savings provisions and other provisions Sch. 10 cl. 3 3 Road Management Amendment (Bus Stop Delivery inserted by Powers) Act 2016 No. 45/2016 s. 12. (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. ═══════════════ Authorised by the Chief Parliamentary Counsel 286 Road Management Act 2004 No. 12 of 2004 Endnotes Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised 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). Authorised by the Chief Parliamentary Counsel 287 Road Management Act 2004 No. 12 of 2004 Endnotes 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). Authorised by the Chief Parliamentary Counsel 288 Road Management Act 2004 No. 12 of 2004 Endnotes • 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). Authorised by the Chief Parliamentary Counsel 289 Road Management Act 2004 No. 12 of 2004 Endnotes 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) Note: Sch. 7A cl. 4(5) provided that Sch. 7A cl. 4 expired on 1.7.13 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 Current State: 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 Current State: 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) Current State: 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 Current State: 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) Current State: This information relates only to the provision/s amending the Road Management Act 2004 Authorised by the Chief Parliamentary Counsel 290 Road Management Act 2004 No. 12 of 2004 Endnotes 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 Current State: 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) Current State: 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 Current State: 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 Current State: 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 Current State: 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) Current State: 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) Current State: 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) Current State: This information relates only to the provision/s amending the Road Management Act 2004 Authorised by the Chief Parliamentary Counsel 291 Road Management Act 2004 No. 12 of 2004 Endnotes 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) Current State: 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) Current State: 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) Current State: 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) Current State: 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 Current State: 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) Current State: 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 Current State: This information relates only to the provision/s amending the Road Management Act 2004 Authorised by the Chief Parliamentary Counsel 292 Road Management Act 2004 No. 12 of 2004 Endnotes 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 Current State: 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 Current State: 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 Current State: 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 Current State: 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 Current State: 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 Current State: 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 Current State: This information relates only to the provision/s amending the Road Management Act 2004 Authorised by the Chief Parliamentary Counsel 293 Road Management Act 2004 No. 12 of 2004 Endnotes 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) Current State: 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) Current State: 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 Current State: 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 Current State: 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 Current State: This information relates only to the provision/s amending the Road Management Act 2004 Authorised by the Chief Parliamentary Counsel 294 Road Management Act 2004 No. 12 of 2004 Endnotes Road Management Amendment (Bus Stop Delivery Powers) Act 2016, No. 45/2016 Assent Date: 23.8.16 Commencement Date: 24.8.16: s. 2 Current State: 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. 49/20191 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 Current State: This information relates only to the provision/s amending the Road Management Act 2004 Authorised by the Chief Parliamentary Counsel 295 Road Management Act 2004 No. 12 of 2004 Endnotes 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 ––––––––––––––––––––––––––––––––––––––––––––––––––– Authorised by the Chief Parliamentary Counsel 296 Road Management Act 2004 No. 12 of 2004 Endnotes 3 Amendments Not in Operation This version does not contain amendments that are not yet in operation. Authorised by the Chief Parliamentary Counsel 297 Road Management Act 2004 No. 12 of 2004 Endnotes 4 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 54 In Schedule 7A, clause 4 is repealed. Authorised by the Chief Parliamentary Counsel 298