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

i Road Management (General) and Road Management (Works and Infrastructure) Amendment Regulations 2009 S.R. No. 127/2009 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objective 1 2 Authorising provision 2 PART 2—AMENDMENTS TO THE ROAD MANAGEMENT (GENERAL) REGULATIONS 2005 3 3 Road authority must conduct review of road management plan 3 PART 3—AMENDMENTS TO THE ROAD MANAGEMENT (WORKS AND INFRASTRUCTURE) REGULATIONS 2005 4 4 Definitions 4 5 Declared traffic impact works 4 6 Exemption from requirement to obtain consent for, or give notice of completion of, minor works, other than traffic impact works 4 7 Period within which utility or provider of public transport must give notice of completion of certain works 5 8 Exemption from requirement to give notice under clause 7 of Schedule 7 5 9 Certain conditions not to be imposed on consents 5 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 2009 S.R. No. 127/2009 Road Management Act 2004 Road Management (General) and Road Management (Works and Infrastructure) Amendment Regulations 2009 The Governor in Council makes the following Regulations: Dated: 21 October 2009 Responsible Minister: TIM PALLAS Minister for Minister for Roads TOBY HALLIGAN Clerk of the Executive Council PART 1—PRELIMINARY 1 Objective The objective of these regulations is to— (a) amend the Road Management (General) Regulations 2005; and (b) amend the Road Management (Works and Infrastructure) Regulations 2005— to make consequential amendments as a result of recent amendments to the Road Management Act 2004 made by Part 4 of the Transport Legislation Miscellaneous Amendments Act 2009. -- 2 of 8 -- Part 1—Preliminary Road Management (General) and Road Management (Works and Infrastructure) Amendment Regulations 2009 S.R. No. 127/2009 2 2 Authorising provision These Regulations are made under section 132 of the Road Management Act 2004. __________________ r. 2 -- 3 of 8 -- Part 2—Amendments to the Road Management (General) Regulations 2005 Road Management (General) and Road Management (Works and Infrastructure) Amendment Regulations 2009 S.R. No. 127/2009 3 PART 2—AMENDMENTS TO THE ROAD MANAGEMENT (GENERAL) REGULATIONS 2005 3 Road authority must conduct review of road management plan (1) In regulation 301(2) of the Road Management (General) Regulations 2005 1 , for "relevant road Minister" (wherever occurring) substitute "relevant Minister". (2) In the Note at the foot of regulation 301(3) of the Road Management (General) Regulations 2005, in paragraphs 2 and 3, for "relevant road Minister" substitute "relevant Minister". __________________ r. 3 -- 4 of 8 -- Part 3—Amendments to the Road Management (Works and Infrastructure) Regulations 2005 Road Management (General) and Road Management (Works and Infrastructure) Amendment Regulations 2009 S.R. No. 127/2009 4 PART 3—AMENDMENTS TO THE ROAD MANAGEMENT (WORKS AND INFRASTRUCTURE) REGULATIONS 2005 4 Definitions In regulation 4 of the Road Management (Works and Infrastructure) Regulations 2005 2 — (a) in the definition of agent— (i) after "a utility," insert "a provider of public transport,"; (ii) after "the utility," insert "provider of public transport,"; (b) in the definition of minor works, for paragraph (h)(ii) substitute— "(ii) by a utility, an agent of a utility, a provider of public transport or an agent of a provider of public transport in accordance with an Act other than the Road Management Act 2004;". 5 Declared traffic impact works In regulation 4A(1) of the Road Management (Works and Infrastructure) Regulations 2005— (a) for "relevant road Minister" substitute "relevant Minister"; (b) for "Utilities' Infrastructure Reference Panel" substitute "Infrastructure Reference Panel". 6 Exemption from requirement to obtain consent for, or give notice of completion of, minor works, other than traffic impact works In regulation 5(2) of the Road Management (Works and Infrastructure) Regulations 2005, after "utility," (where secondly occurring) insert "a provider of public transport, an agent of a provider of public transport,". r. 4 -- 5 of 8 -- Part 3—Amendments to the Road Management (Works and Infrastructure) Regulations 2005 Road Management (General) and Road Management (Works and Infrastructure) Amendment Regulations 2009 S.R. No. 127/2009 5 7 Period within which utility or provider of public transport must give notice of completion of certain works (1) In the heading to regulation 9 of the Road Management (Works and Infrastructure) Regulations 2005, after "utility" insert "or provider of public transport". (2) For regulation 9(2) of the Road Management (Works and Infrastructure) Regulations 2005 substitute— "(2) This regulation applies to a utility, the agent of a utility, a provider of public transport, or the agent of a provider of public transport in respect of works where the utility, agent of a utility, provider of public transport or agent of the provider of public transport is exempt from the requirement under section 63(1) of the Road Management Act 2004 to obtain the written consent of the relevant coordinating road authority for the conduct of those works but is not exempt from the requirement to give notice of the completion of the works.". 8 Exemption from requirement to give notice under clause 7 of Schedule 7 In regulation 11(2) of the Road Management (Works and Infrastructure) Regulations 2005, after "utility," (where secondly occurring) insert "a provider of public transport, an agent of a provider of public transport,". 9 Certain conditions not to be imposed on consents (1) In regulation 14(1)(b) of the Road Management (Works and Infrastructure) Regulations 2005, after "utility" insert "or a provider of public transport". r. 7 -- 6 of 8 -- Part 3—Amendments to the Road Management (Works and Infrastructure) Regulations 2005 Road Management (General) and Road Management (Works and Infrastructure) Amendment Regulations 2009 S.R. No. 127/2009 6 (2) In regulation 14(2) of the Road Management (Works and Infrastructure) Regulations 2005, after "utility" insert "or a provider of public transport". (3) In regulation 14(3) of the Road Management (Works and Infrastructure) Regulations 2005— (a) for "relevant road Minister" substitute "relevant Minister"; (b) for "relevant road Ministers" substitute "relevant Ministers". (4) For regulation 14(4) of the Road Management (Works and Infrastructure) Regulations 2005 substitute— "(4) Any dispute arising under this regulation between a road authority and a utility or a provider of public transport is to be determined by the relevant Minister and the relevant utility Minister or the Minister for Public Transport (as the case may be) or their joint nominees having regard to the works and infrastructure management principles.". ═══════════════ r. 9 -- 7 of 8 -- Road Management (General) and Road Management (Works and Infrastructure) Amendment Regulations 2009 S.R. No. 127/2009 7 ENDNOTES 1 Reg. 3(1): S.R. No. 63/2005. 2 Reg. 4: S.R. No. 62/2005 as amended by S.R. No. 154/2007. Endnotes -- 8 of 8 --