Road Management (General) Regulations 2016
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Road Management (General) Regulations 2016
S.R. No. 11/2016
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objectives 1
2 Authorising provision 2
3 Commencement 2
4 Revocation 2
5 Definitions 3
Part 2—Management of roads 6
6 Exemption from consultation requirement for discontinuance of
certain roads 6
7 Matters that must be included in a register of public roads 10
Part 3—Road management plans 11
Division 1—Review of road management plans 11
8 Road authority must conduct review of road management plan 11
9 Conduct of review of road management plan 12
Division 2—Amendment of road management plans 14
10 Procedure for certain amendments to road management plans 14
11 When notice of proposed amendment is not required 15
12 Date of effect of plan or amendment 17
13 Availability of amendments to road management plans 17
Part 4—Notices of incident and condition reports 19
14 Particulars of notice of an incident 19
15 Contents of condition report 19
Part 5—Protection of roads and property 21
16 Interference with roads 21
17 Interference with construction zones 23
18 Damage to roads 24
19 Entry to and conduct on VicRoads' property 25
20 Prohibited uses of bridges 27
21 Camping 27
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22 Removal of vehicles 28
23 Hoardings and advertisements 30
24 Direction to remove objects, substances and materials from road 32
25 Removal of objects, substances and materials from road 33
Part 6—Road management infringement notices 37
26 Offences under the regulations for which a road management
infringement notice may be issued 37
Part 7—Fees and charges 38
27 Fee for property enquiries 38
28 No charges for certain uses of road reserves 38
Schedule 1—Road management infringements 40
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Endnotes 41
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Authorised Version
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STATUTORY RULES 2016
S.R. No. 11/2016
Road Management Act 2004
Road Management (General) Regulations 2016
The Governor in Council makes the following Regulations:
Dated: 15 March 2016
Responsible Minister:
LUKE DONNELLAN
Minister for Roads and Road Safety
ANDREW ROBINSON
Clerk of the Executive Council
Part 1—Preliminary
1 Objectives
The objectives of these Regulations are—
(a) to exempt certain road discontinuances from
certain requirements of section 12 of the Act;
and
(b) to prescribe certain matters that must be
recorded in a register of public roads; and
(c) to prescribe the interval at which a road
authority must review its road management
plan; and
(d) to prescribe the manner in which a road
authority must review its road management
plan; and
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(e) to prescribe the manner in which a road
authority may make certain amendments to
its road management plan; and
(f) to prescribe the particulars to be contained in
a notice of incident; and
(g) to prescribe particulars to be contained in a
condition report; and
(h) to provide for the protection of roads and
property; and
(i) to authorise the removal of vehicles, objects,
substances and materials from roads; and
(j) to make provision with respect to the matters
that a road authority must consider in
exercising its powers in relation to hoardings
and advertisements on roads, and to confer
certain appeal rights; and
(k) to specify certain offences under the
regulations to be road management
infringements and to specify the penalty for
those road management infringements; and
(l) to fix certain fees and charges.
2 Authorising provision
These Regulations are made under section 132 of
the Road Management Act 2004.
3 Commencement
These Regulations come into operation on
18 March 2016.
4 Revocation
The Road Management (General)
Regulations 2005 1 are revoked.
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5 Definitions
(1) In these Regulations—
Alpine Resort Management Board has the same
meaning as Board has in section 3 of the
Alpine Resorts (Management) Act 1997;
commercial road means the Link road, Extension
road, EastLink and Peninsula Link Freeway;
construction zone means any place or area in
which VicRoads or a VicRoads contractor is
conducting road construction or maintenance
works, whether or not that place or area is a
road;
Note
Road is defined in section 3(1) of the Act.
emergency has the same meaning as in section 3
of the Emergency Management Act 2013;
municipal council has the same meaning as
council has in section 3(1) of the Local
Government Act 1989;
registered operator has the same meaning as in
section 3(1) of the Road Safety Act 1986;
relevant corporation means—
(a) in relation to the Link road—VicRoads;
and
(b) in relation to the Extension road—
VicRoads; and
(c) in relation to EastLink—the EastLink
Corporation; and
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(d) in relation to the Peninsula Link
Freeway—the Peninsula Link Freeway
Corporation;
Note
Link road, Extension road, EastLink, EastLink
Corporation, Peninsula Link Freeway and
Peninsula Link Freeway Corporation are defined
in section 3(1) of the Act.
responder agency has the same meaning as in
section 3 of the Emergency Management
Act 2013;
response has the same meaning as in section 3 of
the Emergency Management Act 2013;
the Act means the Road Management Act 2004;
traffic control device has the same meaning as in
the Dictionary to the Road Safety Road
Rules 2009;
vehicle has the same meaning as in section 3(1) of
the Road Safety Act 1986;
VicRoads contractor means a person engaged
directly or indirectly by VicRoads to carry
out work on behalf of VicRoads and includes
a subcontractor;
VicRoads' property means any land or premises
which is owned or occupied by VicRoads but
does not include a road.
(2) For the purposes of these Regulations, unless a
contrary intention appears, a reference to a road,
public road or freeway includes the Link road,
Extension road, EastLink and Peninsula Link
Freeway.
Note
See sections 133, 133A and 133B of the Act.
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(3) These Regulations do not alter or vary any right,
privilege, obligation or liability of—
(a) the Link corporation or the Extension
corporation under the Melbourne City Link
Act 1995, the Agreement, the Extension
Agreement or the Integration and Facilitation
Agreement; or
(b) the EastLink Corporation under the
EastLink Project Act 2004 or the EastLink
Agreement; or
(c) the Peninsula Link Freeway Corporation
under the Peninsula Link Project Deed.
Note
Link corporation, Extension corporation, the Agreement,
the Extension Agreement, the Integration and Facilitation
Agreement, EastLink Agreement and Peninsula Link
Project Deed are defined in section 3(1) of the Act.
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Part 2—Management of roads
6 Exemption from consultation requirement for
discontinuance of certain roads
(1) For the purpose of section 12(11)(a) of the Act, a
proposed discontinuance of part of a road that
does not incorporate the full width of the road is
exempt from the requirements under section 12(4)
to (10) of the Act if—
(a) the use of any existing means of access to
any land will not be denied; and
(b) it will not prohibit or unreasonably restrict
the passage along the road of persons,
vehicles or other kinds of traffic; and
(c) notice of the proposed discontinuance
has been given in accordance with
subregulation (2); and
(d) any written submission received within the
period specified in the notice from a
recipient of that notice has been considered
and dealt with in the same way that a written
submission referred to in section 12(5) of the
Act must be dealt with under section 12(6)
to (10) of the Act.
Notes
1 Section 12(4) of the Act otherwise requires a
discontinuing body to publish a public notice stating
that submissions in respect of the proposed
discontinuance of the road will be considered.
Section 12(5) to (10) of the Act provide the process
for dealing with those submissions.
2 Traffic is defined in section 3(1) of the Act.
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(2) For the purpose of subregulation (1)(c), notice of
the proposed discontinuance must—
(a) be given in writing to—
(i) the relevant municipal council; and
(ii) each utility, provider of public
transport, infrastructure manager and
road authority who is responsible for
infrastructure installed on, under or
over the relevant part of a road
(of whom the discontinuing body is
aware); and
(b) state that the recipient may make a written
submission to the discontinuing body in
respect of the proposed discontinuance
within the specified period, being a period of
not less than 28 days after the notice has
been served.
(3) For the purpose of subregulation (1), the use of an
existing means of access to land will not be denied
if—
(a) the land that is subject to the proposed
discontinuance is proposed to be—
(i) sold, transferred or otherwise disposed
of to the owner of the land that directly
abuts the subject land where the
abutting land is owned by a single land
owner or one group of joint land
owners (whether that be as joint
tenants, tenants in common or another
form of joint ownership); or
(ii) consolidated or subdivided with the
land that directly abuts the subject land
where the abutting land is owned by a
single land owner or one group of joint
land owners (whether that be as joint
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tenants, tenants in common or another
form of joint ownership); or
(b) an alternative means of access is proposed to
be provided in respect of any land where an
existing means of access to that land would
otherwise be denied.
Example
A narrow strip of land along the edge of a road reserve is no
longer required because of the realignment of a roadway.
The discontinuing body proposes to discontinue that part of
the road reserve and sell it to the sole abutting land owner.
The existing means of access to the abutting land will not
be denied and the discontinuance will not impact on the
public's use of the road since the discontinuance will only
have the effect of slightly narrowing the road reserve and
footpaths and the roadway will be unaffected. In such
circumstances, regulation 6 provides, for the purposes of
section 12(11)(a) of the Act, that the requirements under
section 12(4) to (10) of the Act do not apply provided that
the requirements specified in regulation 6 are complied with.
(4) For the purpose of section 12(11)(a) of the Act, a
proposed discontinuance of a road or part of a
road that incorporates the full width of the road is
exempt from the requirements under section 12(4)
to (10) of the Act if—
(a) the discontinuing body reasonably believes
that the road or part of a road is not in use for
road-related purposes by any person; and
(b) there are existing alternative means of access
to all land abutting the road or part of a road;
and
(c) notice of the proposed discontinuance has
been given in accordance with
subregulations (5) and (6); and
(d) any submission received within the period
specified in the notice from a recipient of
that notice has been considered and dealt
with in the same way that a written
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submission referred to in section 12(5) of the
Act must be dealt with under section 12(6)
to (10) of the Act.
Note
Section 12(4) of the Act otherwise requires a discontinuing
body to publish a public notice stating that submissions in
respect of the proposed discontinuance of the road will be
considered. Section 12(5) to (10) of the Act provide the
process for dealing with those submissions.
(5) For the purposes of subregulation (4)(c), notice of
the proposed discontinuance must—
(a) be given in writing to—
(i) the relevant municipal council; and
(ii) each utility, provider of public
transport, infrastructure manager and
road authority who is responsible for
infrastructure installed on, under or
over the relevant part of a road
(of whom the discontinuing body is
aware); and
(iii) where the road or part of a road
provides access (whether or not that
access is used) to the land administered
under the Crown Land (Reserves)
Act 1978, the Forests Act 1958, the
Land Act 1958, the National Parks
Act 1975, the Wildlife Act 1975 or the
Alpine Resorts (Management)
Act 1997—the Secretary to the
Department of Environment, Land,
Water and Planning; and
(b) state that the recipient may make a written
submission to the discontinuing body in
respect of the proposed discontinuance
within the specified period, being a period of
not less than 28 days after the notice has
been served.
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(6) For the purposes of subregulation (4)(c),
reasonable steps must be taken to give to the
owner of each property that abuts the road or part
of a road notice in writing of the proposed
discontinuance stating that the recipient may make
a submission to the discontinuing body in respect
of the proposed discontinuance within the
specified period, being a period of not less than
28 days after the notice has been served.
7 Matters that must be included in a register of public
roads
The following matters are prescribed for the
purposes of clause 1(k) of Schedule 1 to the Act
as matters which must be included in a register of
public roads—
(a) a reference to any declaration under
section 42 of the Act of a controlled access
road for which the road authority is the
coordinating road authority, and a reference
to any amendment or revocation of such a
declaration;
(b) a reference to any notice referred to in
clause 5(1) of Schedule 2 to the Act in
relation to a controlled access road for which
the authority is the coordinating road
authority.
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Part 3—Road management plans
Division 1—Review of road management plans
8 Road authority must conduct review of road
management plan
(1) For the purposes of section 54(5) of the Act, a
road authority that has a road management plan
must conduct a review of that plan at the intervals
prescribed by this regulation.
Note
The making of a road management plan is voluntary and a
road authority may therefore decide not to have a road
management plan—see section 49 of the Act. However, a
road authority that has made a road management plan must
conduct a review of that plan in accordance with the
regulations at the intervals prescribed by the regulations—
see section 54(5) of the Act.
(2) A road authority other than a municipal council
must—
(a) commence a review of its road management
plan—
(i) where the plan has not previously been
reviewed, not more than 4 years after
the making of the plan; or
(ii) where the plan has previously been
reviewed, not more than 4 years after
the completion of the last review; or
(iii) where the relevant Minister has fixed a
later date, on or before that date; and
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(b) complete that review—
(i) where the plan has not previously been
reviewed, not more than 5 years after
the making of the plan; or
(ii) where the plan has previously been
reviewed, not more than 5 years after
the completion of the last review; or
(iii) where the relevant Minister has fixed a
later date, on or before that date.
Note
Relevant Minister is defined in section 3(1) of the Act.
(3) A municipal council must conduct and complete a
review of its road management plan within the
period referred to in section 125(1) of the Local
Government Act 1989 or, if that period is
extended in accordance with section 125(4) of
that Act, within that extended period.
Note
Each incoming municipal council must review its road
management plan during the same period as it is preparing
its Council Plan under the Local Government Act 1989.
Section 125(1) of that Act requires each municipal council
to prepare a Council Plan within the period of 6 months after
each general election or by the next 30 June, whichever is
later, unless the Minister administering that Act extends the
period under section 125(4) of that Act.
9 Conduct of review of road management plan
(1) In conducting a review of its road management
plan, a road authority must ensure that the
standards in relation to, and the priorities to be
given to, the inspection, maintenance and repair of
the roads and classes of road to which the plan
applies are appropriate.
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(2) After a road authority has completed a review of
its road management plan, it must—
(a) produce a written report summarising the
findings and conclusions of the review; and
(b) make the report available for copying or
inspection—
(i) at the place where the road
management plan may be inspected
or obtained in accordance with
section 55(1)(b) of the Act; or
(ii) on an Internet site maintained by the
road authority.
(3) If a road authority has completed a review of its
road management plan and decides that it will not
amend its road management plan or that it will
amend its road management plan in a manner that
does not require notice to be given under
regulation 10, the road authority must give notice
stating—
(a) that the road authority has completed the
review of its road management plan; and
(b) that the road authority has decided that it will
not amend its road management plan or that
it will amend its road management plan in a
manner that does not require notice to be
given under regulation 10 (as the case may
be); and
(c) where any relevant written report produced
in accordance with subregulation (2) may be
inspected or obtained; and
(d) if the road authority decides that it will
amend its road management plan in a manner
that does not require notice to be given under
regulation 10, that it is a requirement under
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regulation 13(3) that the road authority
record on the plan—
(i) the substance of the amendment; and
(ii) the date of effect of the amendment.
(4) A notice under subregulation (3) must 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 applies are situated.
Division 2—Amendment of road management plans
10 Procedure for certain amendments to road
management plans
(1) Subject to regulation 11, if a road authority
proposes to amend a road management plan and
the amendment relates to the determination of a
standard of construction, inspection, maintenance
or repair under section 41 of the Act, the road
authority must give a notice—
(a) stating or describing the purpose and general
purport of the proposed amendment; and
(b) stating or describing the roads, roadways,
pathways, road infrastructure or road-related
infrastructure or classes of roads, roadways,
pathways, road infrastructure or road-related
infrastructure affected by the proposed
amendment; and
(c) stating where a copy of the proposed
amendment may be obtained or inspected;
and
(d) stating where any relevant written report
produced in accordance with regulation 9(2)
may be inspected or obtained; and
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(e) stating that any person who is aggrieved by
the proposed amendment may make a
submission on the proposed amendment to
the road authority within the period specified
in the notice, being not less than 28 days
after the date on which the notice is
published in the Government Gazette.
(2) A notice under this regulation—
(a) must be published in the Government
Gazette and in a daily newspaper generally
circulating in the area in which the roads,
roadways, pathways, road infrastructure or
road-related infrastructure or classes of road,
roadway, pathway, road infrastructure or
road-related infrastructure to which the road
management plan applies are situated; and
(b) may be given by the road authority to any
person who the road authority believes may
be affected by the proposed amendment.
11 When notice of proposed amendment is not
required
(1) A road authority is not required to give notice
under regulation 10 if the Chief Executive Officer
(however described) of the road authority certifies
in writing that the proposed amendment to the
road management plan results in the determination
under section 41 of the Act of a standard that is
higher than a relevant standard previously
determined under section 41 of that Act.
Example
The Chief Executive Officer may give a certification if the
proposed amendment to the road management plan results in
the determination of a standard that—
• would provide for more frequent inspection or
maintenance of a road; or
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• would decrease the period of time within which defects
are to be repaired.
(2) A road authority is not required to give notice
under regulation 10 if the Chief Executive Officer
(however described) of the road authority certifies
in writing that the proposed amendment to the
road management plan results in the determination
under section 41 of the Act of a standard and the
determination of the standard only relates to—
(i) a road or part of a road for which the road
authority has become the coordinating road
authority; or
(ii) a road or part of a road for which the road
authority is the coordinating road authority
that has become a public road—
since the relevant road management plan was
made or since that plan was last reviewed in
accordance with section 54(5) of the Act and these
Regulations.
Example
The Chief Executive Officer of a coordinating road authority
may give a certification if the proposed amendment to the
road management plan results in a determination of a
standard for—
• a road in a new subdivision that has been constructed
since the authority's road management plan was made
or last reviewed; or
• a road for which the road authority has become the
coordinating road authority because of a
reclassification of that road under section 14 of the Act
that occurred since the authority's road management
plan was made or last reviewed; or
• an existing road that has become a public road by
registration under section 17(3) of the Act since the
authority's road management plan was made or last
reviewed.
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(3) A road authority is not required to give notice
under regulation 10 if the Chief Executive Officer
(however described) of the road authority certifies
in writing that the proposed amendment to the
road management plan relates to the determination
under section 41 of the Act of a standard and the
proposed amendment only deals with changes to
administrative procedures or responsibilities of a
road authority or is of a fundamentally declaratory
or machinery nature.
Example
The Chief Executive Officer may give a certification if the
proposed amendment to the road management plan is
required because of—
• the name of a road changing; or
• the road authority ceasing to be the coordinating road
authority in respect of a road; or
• a road being discontinued; or
• a road ceasing to be a public road.
12 Date of effect of plan or amendment
If a road management plan or an amendment to a
road management plan does not specify the date
on which it is to take effect, it takes effect on the
day after it is made.
13 Availability of amendments to road management
plans
(1) If a notice of proposed amendment has been given
under regulation 10(1) and the road authority
amends its road management plan, the road
authority must cause notice of the making of the
amendment to be published in the Government
Gazette and in a newspaper generally circulating
in the area in which the roads to which the
amended road management plan is to apply are
situated.
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(2) There must be included in a notice under
subregulation (1), a statement that the amended
road management plan, any incorporated
document or any amendment to an incorporated
document, as the case may be, may be
inspected—
(a) at the office of the road authority specified in
the notice; or
(b) on an Internet site maintained by the road
authority (which may include links to other
separately maintained Internet sites in the
case of any incorporated document or any
amendment to an incorporated document
provided that access to those documents is
free of charge).
(3) If a road authority amends a road management
plan, the road authority must record on that plan—
(a) the substance of the amendment; and
(b) the date of effect of the amendment.
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Part 4—Notices of incident and condition
reports
14 Particulars of notice of an incident
For the purposes of section 115(3) of the Act, the
prescribed particulars to be contained in a notice
of incident are as follows—
(a) the name and address of the person who
proposes to commence a proceeding in
relation to an incident;
(b) the signature of the person referred to in
paragraph (a) or the name and address of
another person giving notice on that person's
behalf;
(c) the date of the notice;
(d) a description of the incident;
(e) the date of the incident and the time or
approximate time of the incident;
(f) a description of the site of the incident and
any relevant infrastructure that is sufficient
to enable the responsible road authority to
identify and inspect the site of the incident
and any relevant infrastructure.
15 Contents of condition report
For the purposes of section 116(3)(e) of the Act,
the prescribed matters to be contained in a
condition report under section 116 are as
follows—
(a) the name of the road authority that has
prepared the report;
(b) a statement or description of the site, road or
infrastructure to which the report relates;
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(c) the date and time or approximate time on
which any inspection on which the report is
based was conducted;
(d) a statement, signed by a person authorised by
the road authority for the purpose, certifying
that the report is a condition report for the
purposes of section 116 of the Act.
Note
These matters are in addition to the matters required by
section 116(3) of the Act.
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Part 5—Protection of roads and property
16 Interference with roads
(1) A person must not, without a written permit issued
by the coordinating road authority or, if the
relevant road is a commercial road, without a
written permit issued by the relevant
corporation—
(a) interfere with, damage or remove any road
infrastructure in, on, under or over a road; or
Examples
Types of interference with or damage to road
infrastructure that are prohibited include digging up,
breaking, covering, obscuring, painting or otherwise
defacing that infrastructure by any means.
(b) interfere with or damage any roadside or
ancillary area; or
(c) conduct excavations on or under, or dig up, a
road; or
(d) place or leave anything in, on, under or over
a road—
(i) that poses or may pose a risk to the
safety of road users or the community;
or
(ii) that adversely affects or may adversely
affect the operation of the road; or
(iii) that encroaches on or obstructs the free
use of the road; or
(iv) that reduces the breadth, or confines the
limits, of the road; or
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(e) place or leave refuse, rubbish or other
materials on a road; or
Note
These requirements are in addition to rule 293 of the
Road Safety Road Rules 2009 which applies to a
driver (within the meaning of those Rules) and
requires certain things that are dropped or left on a
road to be removed or action to be taken to effect
removal.
(f) remove, destroy or damage a plant growing
in a road reserve.
Penalty: 10 penalty units.
(2) Subregulation (1) does not apply to—
(a) a person conducting works with the consent
of the coordinating road authority or in the
circumstances specified in section 63(2) of
the Act; or
Notes
1 Works is defined in section 3(1) of the Act.
2 It is an offence under section 63 of the Act to
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. Certain exemptions apply to that offence
provision.
(b) a person engaged directly or indirectly by a
responder agency to perform response
activities with respect to an emergency who
is acting in the course of that person's duties
in circumstances where it is reasonable that
this regulation should not apply; or
(c) a person undertaking an activity that is
authorised or permitted by or under the Act
or any other Act; or
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(d) a person undertaking an activity that
constitutes a lawful and reasonable use of a
road.
(3) A coordinating road authority or relevant
corporation may issue a permit for the purposes of
subregulation (1).
17 Interference with construction zones
(1) A person must not, without a written permit issued
by VicRoads—
(a) damage or interfere with a construction zone,
any works or undertaking conducted on that
land or with any machinery, equipment or
material stored, placed or used on that land;
or
(b) place or leave anything in, on, under or over
a construction zone that poses or may pose a
risk to the safety of any person.
Penalty: 10 penalty units.
(2) Subregulation (1) does not apply to—
(a) a person conducting works with the consent
of the coordinating road authority or in the
circumstances specified in section 63(2) of
the Act; or
Note
Works is defined in section 3(1) of the Act.
(b) a person undertaking an activity that is
authorised or permitted by or under the Act
or any other Act; or
(c) a person undertaking an activity that
constitutes a lawful and reasonable use of a
road.
(3) VicRoads may issue a permit for the purposes of
subregulation (1).
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18 Damage to roads
(1) A person must not without the written consent of
the coordinating road authority or, if the relevant
road is a commercial road, without the written
consent of the relevant corporation—
(a) drive on a road a vehicle which is likely to
cause damage to the road; or
(b) drag or push over the surface of a road, any
object or implement which is likely to cause
damage to the road.
Penalty: 10 penalty units.
Examples
Examples of vehicles that would be likely to cause damage
to a road include heavy earth moving vehicles that move on
caterpillar tracks.
Examples of damage include cracking constructed roadways
and flattening landscaped roadside areas.
(2) Subregulation (1) does not apply to—
(a) a person using snow chains on the wheels of
a vehicle where the chains are reasonably
required because of snow or ice on the road
surface; or
(b) a person who is engaged by or on behalf
of a road authority or an alpine resort
management board to perform snow clearing
using a vehicle or machinery; or
(c) a person breaching a mass, dimension or
load restraint limit or requirement within the
meaning of the Road Safety Act 1986; or
(d) a person breaching a mass, dimension or
loading requirement within the meaning of
the Heavy Vehicle National Law (Victoria);
or
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(e) a person who is engaged directly or
indirectly by a responder agency to perform
response activities with respect to an
emergency and who is acting in the course of
that person's duties in circumstances where it
is reasonable that subregulation (1) should
not apply; or
(f) a person undertaking an activity that is
authorised or permitted by or under the Act
or any other Act.
Note
Section 112 of the Act empowers road authorities to recover
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.
19 Entry to and conduct on VicRoads' property
(1) VicRoads may place at or near the boundary of a
VicRoads' property a sign advising that entry to
that property is prohibited without the written
consent of VicRoads.
(2) If VicRoads has placed a sign under
subregulation (1), a person must not enter or
remain on VicRoads' property without the written
consent of VicRoads.
Penalty: 10 penalty units.
(3) Subregulation (2) does not apply to—
(a) a person authorised or permitted to enter or
remain on VicRoads' property by or under
the Act or any other Act; or
(b) a VicRoads works manager or a person
acting under the supervision of a VicRoads
works manager; or
Note
Works manager is defined in section 3(1) of the Act.
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(c) a VicRoads contractor; or
(d) an employee or agent of a public sector
body within the meaning of the Public
Administration Act 2004 who is acting in
the course of his or her employment or
authority.
(4) If VicRoads has placed a sign under
subregulation (1), a person who has consent for
the purposes of this regulation must on demand,
when entering or being on VicRoads' property—
(a) produce the consent to a police officer or an
authorised officer of VicRoads; and
(b) produce evidence to verify that he or she is
the person named in the consent.
Penalty: 10 penalty units.
(5) A person who has been given consent for the
purposes of this regulation must not give that
written consent to another person knowing or
believing that the other person is likely to exercise
the privileges given by the consent.
Penalty: 10 penalty units.
(6) A person who is on VicRoads' property must not,
without the written consent of VicRoads—
(a) damage or interfere with that land, any
works or undertaking conducted on that land
or with any machinery, equipment or
material stored, placed or used on that land;
or
(b) remove, destroy or damage a plant growing
on that land; or
(c) erect or remove any notice or sign or fix any
notice, bill or sign to a plant growing on or a
structure on that land; or
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(d) place or leave refuse, rubbish or other
materials on that land.
Penalty: 10 penalty units.
20 Prohibited uses of bridges
(1) A person, other than a person authorised in
writing by VicRoads, must not climb, jump or
rappel on, from or onto a bridge on or over—
(a) a freeway; or
(b) an arterial road; or
(c) a non-arterial State road for which VicRoads
is the coordinating road authority.
Penalty: 10 penalty units.
(2) Before VicRoads grants an authorisation under
subregulation (1), it must consult with any other
road authority or body exercising the functions
and powers of a road authority that VicRoads
considers may be affected by the granting of the
authorisation.
21 Camping
(1) A person, other than a person authorised in
writing by VicRoads, or in accordance with a sign
erected by or on behalf of VicRoads, must not
camp on the road reserve or an ancillary area of—
(a) a freeway; or
(b) an arterial road; or
(c) a non-arterial State road for which VicRoads
is the coordinating road authority.
Penalty: 5 penalty units.
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(2) In this regulation—
camp means—
(a) to erect, occupy or use, for
accommodation, a tent, tarpaulin or any
similar form of accommodation, shelter
or temporary structure; or
(b) to occupy or use a swag or sleeping
bag; or
(c) to erect, occupy or use, for
accommodation, a movable dwelling
within the meaning of the Residential
Tenancies Act 1997.
Examples
Examples of movable dwellings include
caravans, camper trailers and mobile homes.
An annexe attached to any of those dwellings is
also a movable dwelling.
(3) This regulation does not prohibit a person from
resting or sleeping in a parked vehicle or movable
dwelling in order to manage or avoid driver
fatigue.
(4) This regulation does not apply to persons
conducting works with the consent of the
coordinating road authority or in the
circumstances specified in section 63(2) of the
Act.
22 Removal of vehicles
(1) If a State road authority removes a vehicle in
accordance with clause 4 or 5 of Schedule 4 to
the Act, the State road authority must serve a
notice by post on the registered operator (if any)
or owner of the vehicle informing that person that
the State road authority has removed the vehicle.
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(2) Subregulation (1) does not apply if the vehicle
does not display a number plate or other
identification that would enable the identification
of the vehicle's registered operator or owner.
(3) A notice under subregulation (1) may include—
(a) a notice for the purposes of clause 4(2)
or 5(5) of Schedule 4 to the Act; and
(b) where notice is given to the registered
operator, an instruction requiring the
registered operator, where the registered
operator of the motor vehicle is not the
owner or sole owner of the motor vehicle, to
take reasonable steps to serve a copy of the
notice on any owner of the motor vehicle and
to do so as soon as is reasonably practicable;
and
(c) any other information that the State road
authority considers appropriate.
Note
A fee may be charged for removing a vehicle in certain
circumstances—see clauses 4 and 5 of Schedule 4 to the
Act.
(4) In this regulation—
State road authority includes—
(a) in respect of EastLink—the EastLink
Corporation; and
(b) in respect of the Peninsula Link
Freeway—the Peninsula Link Freeway
Corporation.
Note
See sections 134A(11) and 134D(11) of the Act.
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23 Hoardings and advertisements
(1) Without limiting the matters that may be
considered, in deciding whether to give consent
for the purposes of section 66(1) of the Act, the
coordinating road authority must consider whether
the structure, device, hoarding, advertisement,
sign or bill would, or would be likely to—
(a) obscure the field of view of a user of the
road; or
(b) cause a hazard by distracting the attention of
a user of the road; or
(c) distract attention of a user of the road from a
traffic control device; or
(d) wholly or partly obscure a road user's view
of a traffic control device; or
(e) in any other way be detrimental to the safe or
efficient use of the road.
(2) If the coordinating road authority refuses its
consent under section 66(1) of the Act, the
applicant may, within 28 days of being advised of
the refusal, apply to the Tribunal for a review of
the decision.
Note
Tribunal means the Victorian Civil and Administrative
Tribunal—see section 3(1) of the Act.
(3) In reviewing a decision, the Tribunal may take
submissions from any of the following—
(a) the applicant;
(b) the coordinating road authority;
(c) VicRoads;
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(d) any person that the Tribunal considers has a
substantial interest in the application such
that that person should make submissions to
the Tribunal.
(4) A coordinating road authority may charge a
person a fee for an application for consent under
section 66(1) of the Act, not exceeding 17·93 fee
units.
(5) An application for consent under section 66(1) of
the Act must contain—
(a) the name, address and contact details of the
applicant; and
(b) the name, address and contact details of the
person or body who will have ongoing
responsibility for the structure, device,
hoarding, advertisement, sign or bill; and
(c) the date of the application; and
(d) a description of the proposed structure,
device, hoarding, advertisement, sign or bill;
and
(e) the road name and location at which the
structure, device, hoarding, advertisement,
sign or bill would be displayed.
(6) If the coordinating road authority grants its written
consent under section 66(1) of the Act, the
consent must—
(a) state the name, address and contact details of
the road authority; and
(b) state the date of issue of the consent; and
(c) state the name, address and contact details of
the applicant; and
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(d) state the name, address and contact details of
the person or body who will have ongoing
responsibility for the structure, device,
hoarding, advertisement, sign or bill; and
(e) include a description of the structure, device,
hoarding, advertisement, sign or bill; and
(f) state the road name and location at which the
structure, device, hoarding, advertisement,
sign or bill may be displayed; and
(g) state the date on which the consent expires
(if any); and
(h) include any conditions that the consent is
subject to.
24 Direction to remove objects, substances and
materials from road
(1) An authorised officer of a road authority that is
the appropriate road authority for the purposes of
regulation 25 may give a direction in writing to a
responsible person, within the meaning of
regulation 25, to remove any object, refuse,
rubbish, substance or other materials deposited or
left on a road or part of a road within a reasonable
time specified in the direction and in accordance
with any conditions specified in the direction.
Note
If the removal of the object, refuse, rubbish, substance or
other materials deposited or left on a road constitute works,
within the meaning of the Act, then the responsible person
may be required to seek consent for those works under the
Act prior to undertaking the necessary work.
(2) A person must comply with a direction issued
under subregulation (1), including any conditions
specified in the direction.
Penalty: 20 penalty units.
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(3) It is a defence to a prosecution for an offence
under this regulation if the person had a
reasonable excuse for the failure to comply.
25 Removal of objects, substances and materials from
road
(1) A road authority may remove any object, refuse,
rubbish, substance or other materials deposited or
left on a road or part of a road for which it is the
appropriate road authority.
Examples
An appropriate road authority may remove from a road—
• litter; or
• mud or gravel tracked onto the road by vehicle tyres;
or
• building materials such as bricks, plaster and timber; or
• debris, including debris from a motor vehicle collision;
or
• a truck or trailer load spilled on a road; or
• lost or abandoned property.
(2) A road authority may sell or dispose of anything
which the road authority has removed from a road
under subregulation (1).
(3) Before exercising its powers under
subregulation (2), except in relation to refuse or
rubbish or other things that in the opinion of the
road authority are of low value, the road authority
must—
(a) if the owner of the object, substance or
material is known to the road authority—
send to the last known address of the owner,
a notice stating that the object, substance or
material will be disposed of or sold unless
the owner pays the fee specified (if any) in
the notice and then collects the object,
substance or material within the period
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stated in the notice (being a period not less
than 14 days); or
(b) if the owner of the object, substance or
material is not known to the road authority—
wait 14 days from the date that the object,
substance or material was removed from the
road.
(4) A fee specified in a notice under
subregulation (3)(a) must not exceed an amount
that reasonably represents the costs to a road
authority in removing, keeping and releasing the
object, substance or material, including any
relevant overhead and other indirect costs.
(5) A road authority may recover in the Magistrates'
Court, from a responsible person, costs incurred in
removing any object, refuse, rubbish, substance or
other materials deposited or left on a road other
than in a receptacle or area provided for that
purpose by the road authority, including any
relevant overhead and other indirect costs.
(6) For the purposes of this regulation—
appropriate road authority, of a road, means—
(a) the responsible road authority for the
road; and
(b) VicRoads, if VicRoads is the
coordinating authority for the road;
Note
This means that VicRoads may remove objects,
substances and materials from any part of a
road of which it is the coordinating road
authority even if VicRoads is not the
responsible road authority in relation to that
part of the road under section 37 of the Act.
Therefore VicRoads is entitled to remove
objects from the roadside of an arterial road in
an urban area even though the relevant
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municipal council is the responsible road
authority in relation to that roadside.
low value means a value—
(a) less than $500; or
(b) $500 or more where the relevant road
authority forms the opinion that the cost
of removing and storing the object,
substance or material would exceed the
value of the object, substance or
material;
responsible person means—
(a) the person who deposited or left, or
caused to be deposited or left, the
relevant objects, refuse, rubbish,
substances or materials on a road; or
(b) an—
(i) owner or manager of a premises;
or
(ii) a person supervising or managing
work or other activities
undertaken at a premises—
who was in a position to prevent the
relevant objects, refuse, rubbish,
substances or materials from being
deposited or left on a road in the
vicinity of the premises but who failed
to take reasonable steps to prevent the
relevant objects, refuse, rubbish,
substances or materials from being
deposited or left on a road.
Example
A road adjacent to a landscaping supplies
business premises is covered with mud and
gravel that has been tracked onto the road by
the tyres of earth moving vehicles. This mud
and gravel is posing a hazard to road users.
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The operator of the premises is in a position to
take reasonable steps to prevent the depositing
of the mud and gravel on the road by—
(a) managing the cleanliness of the earth
moving vehicles entering and exiting the
premises; and
(b) managing the state of driveways and
other surfaces within the premises from
which any mud or gravel may become
affixed to the tyres of the earth moving
vehicles.
Therefore, the operator of the landscaping
supplies business premises is a responsible
person for the purposes of this regulation.
Note
Also see regulation 35 of the Road Safety
(Traffic Management) Regulations 2009 which
provides that it is an offence to throw, drop, place,
leave, or cause or permit to be thrown, dropped or
placed on a road, any destructive or injurious material,
or a substance or thing, that is likely to endanger a
person, animal or vehicle.
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Part 6—Road management infringement
notices
26 Offences under the regulations for which a road
management infringement notice may be issued
(1) The offences listed in column 2 of Schedule 1 are
specified as road management infringements for
the purposes of section 90(1) of the Act.
Notes
1 In section 3(1) of the Act, the definition of road
management infringement includes offences against
the regulations that are specified in the regulations to
be road management infringements.
2 Section 90(1) of the Act provides that a police officer
or an authorised officer of a road authority may serve a
road management infringement notice in respect of an
offence specified in the regulations.
(2) For the purposes of a road management
infringement listed in column 2 of Schedule 1,
the specified penalty is the penalty set out in
column 3 of Schedule 1.
(3) A summary of an offence in column 1 of
Schedule 1 is not to be taken to affect the nature
or elements of the offence to which the summary
refers or the operation of these Regulations.
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Part 7—Fees and charges
27 Fee for property enquiries
The fee of 1·27 fee units is to be charged by
VicRoads for the supply, on request, of—
(a) information as to whether VicRoads has any
approved proposals for works requiring the
purchase or compulsory acquisition of land;
or
(b) information as to whether VicRoads has
declared any road or part of a road as a
controlled access road under section 42 of
the Act; or
(c) the details of any policy made under clause 3
of Schedule 2 to the Act; or
(d) information for the purposes of the
preparation of a section 32 statement within
the meaning of section 30(1) of the Sale of
Land Act 1962.
28 No charges for certain uses of road reserves
Unless operated in an ancillary area, a payment to
VicRoads is not required for a lease or licence to
operate a roadside restaurant or similar facility
on—
(a) a pathway on an arterial road; or
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(b) a pathway on a non-arterial State road for
which VicRoads is the coordinating road
authority.
Example
A fee may be payable to VicRoads for a licence issued
under the Act to operate a take-away food van in a rest stop
on a freeway but no fee is payable to VicRoads for a café
placing tables on a footpath of an arterial road.
Note
A municipal council may charge fees for use of footpaths
under the Local Government Act 1989.
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Schedule 1—Road management
infringements
Regulation 26
Column 1 Column 2 Column 3 Column 4
Item Summary of Offence
Road
Management
Infringement
Specified
Penalty Code
1 Enter or remain on
VicRoads' property
without consent
An offence under
regulation 19(2)
2·5 penalty
units
8389
2 Fail to produce written
consent when entering
or being on VicRoads'
property or fail to
produce evidence of
identity
An offence under
regulation 19(4)
2·5 penalty
units
8394
3 Damage or interfere with
VicRoads' property,
including removing,
destroying or damaging
plants and erecting or
removing signs or notices
on that land
An offence under
regulation 19(6)
2·5 penalty
units
8390
4 Climb, jump or rappel
on, from or onto a bridge
on or over a freeway,
arterial road or certain
non-arterial State roads
An offence under
regulation 20(1)
2 penalty
units
8391
5 Unauthorised camping on
a freeway, arterial road or
certain non-arterial State
roads
An offence under
regulation 21(1)
1 penalty
unit
8392
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Endnotes
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Endnotes
1 Reg. 4: S.R. No. 63/2005 as amended by S.R. No. 127/2009 and extended in
operation by S.R. No. 50/2015.
——
Fee Units
These Regulations provide for fees by reference to fee units within the
meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that
Act, by multiplying the number of fee units applicable by the value of a fee
unit.
The value of a fee unit for the financial year commencing 1 July 2015 is
$13.60. The amount of the calculated fee may be rounded to the nearest
10 cents.
The value of a fee unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
fee unit for a financial year must be published in the Government Gazette and
a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within
the meaning of section 110 of the Sentencing Act 1991. The amount of the
penalty is to be calculated, in accordance with section 7 of the Monetary
Units Act 2004, by multiplying the number of penalty units applicable by the
value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2015 is
$151.67.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
penalty unit for a financial year must be published in the Government Gazette
and a Victorian newspaper before 1 June in the preceding financial year.
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