Road Management (Works and Infrastructure) (Amendment) Regulations 2007

Road Management (Works and Infrastructure) (Amendment) Regulations 2007 S.R. No. 154/2007 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 2 3 Commencement 2 4 Principal Regulations 2 5 Amendment to definition of minor works 2 6 Amendment to definition of traffic impact works 3 7 New regulation 4A inserted 3 4A Declared traffic impact works 3 8 Amendment to exemption for fire authorities from requirement to obtain consent 5 9 Amendment to exemption from requirement to obtain consent in relation to pathway works 5 10 Amendment to exemptions in respect of driveway works or mowing 5 11 Revocation of sunset provision 5 ═══════════════ ENDNOTES 6 i -- 1 of 7 -- STATUTORY RULES 2007 S.R. No. 154/2007 Road Management Act 2004 Road Management (Works and Infrastructure) (Amendment) Regulations 2007 The Governor in Council makes the following Regulations: Dated: 18 December 2007 Responsible Minister: TIM PALLAS Minister for Roads and Ports MELISSA VAN ROSSUM Acting Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Road Management (Works and Infrastructure) Regulations 2005— (a) to allow for the exemptions from consent and notice requirements in the Act to continue beyond 1 January 2008; (b) to provide that works which have a significant impact on the provision of public transport services are not exempt from those consent and notice requirements; (c) to provide that a relevant road Minister may declare that certain works are not exempt from those consent and notice requirements. 1 -- 2 of 7 -- S.R. No. 154/2007 Road Management (Works and Infrastructure) (Amendment) Regulations 2007 r. 2 2 Authorising provision These Regulations are made under section 132 of the Road Management Act 2004. 3 Commencement These Regulations come into operation on 1 January 2008. 4 Principal Regulations In these Regulations the Road Management (Works and Infrastructure) Regulations 20051 are called the Principal Regulations. 5 Amendment to definition of minor works In regulation 4 of the Principal Regulations, in the definition of minor works— (a) in paragraph (f)(ii) after "replacement" (where twice occurring) insert "or relocation"; (b) for "but does not include works that consist of, or include, the excavation of an area of a roadway, pathway or shoulder that exceeds 8⋅5 square metres;" substitute— "but does not include works that consist of, or include–– (j) the excavation of an area of a roadway, pathway or shoulder that exceeds 8⋅5 square metres; or (k) works within a road reserve on or in the vicinity of a level crossing within the meaning of section 221U of the Transport Act 1983;". 2 -- 3 of 7 -- S.R. No. 154/2007 Road Management (Works and Infrastructure) (Amendment) Regulations 2007 r. 6 6 Amendment to definition of traffic impact works In regulation 4 of the Principal Regulations, for paragraph (c) of the definition of traffic impact works, substitute— "(c) that require the deviation (to a different road), replacement or cancellation of a tram or bus operated by a provider of public transport; or (d) that cause a significant delay to a tram or bus operated by a provider of public transport; or (e) that have a significant impact on access to a bus stop or tram stop; or (f) that cause a significant delay to traffic on an arterial road or municipal road; or (g) conducted in circumstances to which a declaration under regulation 4A applies.". 7 New regulation 4A inserted After regulation 4 of the Principal Regulations insert— "4A Declared traffic impact works (1) A relevant road Minister, after considering the advice of the Utilities' Infrastructure Reference Panel, may by declaration published in the Government Gazette declare that works conducted in circumstances set out in the declaration are traffic impact works, if that Minister is satisfied that works conducted in those circumstances may have a significant impact on road safety, traffic or other infrastructure. Note Declared traffic impact works are not exempt under regulation 5 from the need to obtain prior written consent for works from the relevant coordinating road authority. 3 -- 4 of 7 -- S.R. No. 154/2007 Road Management (Works and Infrastructure) (Amendment) Regulations 2007 r. 7 (2) A declaration under this regulation may apply— (a) to a specified road or class of roads; or Example A declaration may apply to— • a named road, or a specified part of a named road; • roads which are public transport routes. (b) to a specified area or part of an area or a specified part of a road or class of roads; or Example A declaration may apply to the following types of areas to be areas— • certain lanes of a multilane road; • areas with a prevailing speed limit above or below a specified speed; • areas within school zones. (c) at specified times; or Example A declaration may apply to— • between stated hours; • specified days; • periods during which bus lanes or other specified traffic controls are in operation. (d) in other specified circumstances relating to the impact of works on road safety, traffic or other infrastructure. Example A declaration may apply to— • works which may affect road safety, such as works requiring the use of certain kinds of equipment; 4 -- 5 of 7 -- S.R. No. 154/2007 Road Management (Works and Infrastructure) (Amendment) Regulations 2007 r. 8 • works which may affect traffic, such as works involving the imposition of specified kinds of traffic control measures.". 8 Amendment to exemption for fire authorities from requirement to obtain consent In regulation 6(1)(a) of the Principal Regulations, for "works that have a significant impact on road safety, traffic or other infrastructure" substitute "traffic impact works". 9 Amendment to exemption from requirement to obtain consent in relation to pathway works In regulation 7(1)(a) of the Principal Regulations, for "works that have a significant impact on road safety, traffic or other infrastructure" substitute "traffic impact works". 10 Amendment to exemptions in respect of driveway works or mowing In regulation 12(a) of the Principal Regulations— (a) in subparagraph (ii), omit ", other than a roadside on a freeway"; (b) for "being works that do not have a significant impact on road safety, traffic or other infrastructure" substitute "other than traffic impact works". 11 Revocation of sunset provision Regulation 13 of the Principal Regulations is revoked. ═══════════════ 5 -- 6 of 7 -- S.R. No. 154/2007 Road Management (Works and Infrastructure) (Amendment) Regulations 2007 Endnotes ENDNOTES 1 Reg. 4: S.R. No. 62/2005. 6 -- 7 of 7 --