Road Management (Interim) Regulations 2004

Victorian Legislation Parliamentary Documents i Road Management (Interim) Regulations 2004 S.R. No. 84/2004 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provision 2 3. Commencement 2 PART 2—ROAD MANAGEMENT PLANS 3 Division 1—Review of Road Management Plans 3 4. Road authority must conduct review of road management plan 3 Division 2—Certain Amendments to Road Management Plans 4 5. Procedure for certain amendments to road management plans 4 6. When notice of proposed amendment is not required 5 7. Date of effect of amendment 6 8. Availability of amendments to road management plans 7 PART 3—NOTICE OF INCIDENT 8 9. Particulars of notice of incident 8 PART 4—REVOCATION OF REGULATIONS 9 10. Revocation of Regulations 9 ═══════════════ -- 1 of 10 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 84/2004 Road Management Act 2004 Road Management (Interim) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 29 June 2004 Responsible Minister: PETER BATCHELOR Minister for Transport DIANE CASEY Clerk of the Executive Council PART 1—PRELIMINARY 1. Objectives The objectives of these Regulations are— (a) to prescribe the interval at which a road authority must review its road management plan; and (b) to prescribe the manner in which a road authority must review its road management plan; and (c) to prescribe the manner in which a road authority may amend its road management plan in certain circumstances; and (d) to prescribe the particulars to be contained in a notice of incident. -- 2 of 10 -- Victorian Legislation Parliamentary Documents Part 1—Preliminary Road Management (Interim) Regulations 2004 S.R. No. 84/2004 2 2. Authorising provision These Regulations are made under section 132 of the Road Management Act 2004. 3. Commencement (1) These Regulations, except Part 4, come into operation on 1 July 2004. (2) Part 4 comes into operation on 1 January 2005. __________________ r. 2 -- 3 of 10 -- Victorian Legislation Parliamentary Documents Part 2—Road Management Plans Road Management (Interim) Regulations 2004 S.R. No. 84/2004 3 PART 2—ROAD MANAGEMENT PLANS Division 1—Review of Road Management Plans 4. Road authority must conduct review of road management plan (1) The interval at which a road authority must conduct a review of its road management plan under section 54(5) of the Road Management Act 2004 is 4 years. (2) 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. (3) If a road authority proposes to conduct a review of its road management plan, the road authority must give a notice stating— (a) the purpose of the review; and (b) the roads and classes of road (or giving a description of them) to which the road management plan applies; and (c) where a copy of the current road management plan may be obtained or inspected; and (d) that any person may make a submission on the proposed review 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 given. (4) A notice under this regulation must be published in the Government Gazette and in a daily newspaper generally circulating in the area in r. 4 -- 4 of 10 -- Victorian Legislation Parliamentary Documents Part 2—Road Management Plans Road Management (Interim) Regulations 2004 S.R. No. 84/2004 4 which the roads to which the road management plan applies are situated. (5) 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 at the place where the road management plan may be inspected or obtained in accordance with section 55(1)(b) of the Road Management Act 2004. Division 2—Certain Amendments to Road Management Plans 5. Procedure for certain amendments to road management plans (1) Subject to regulation 6, 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 Road Management Act 2004, the road authority must give a notice stating— (a) the purpose and general purport of the proposed amendment; and (b) the roads, roadways, pathways, road infrastructure or road related infrastructure or classes of road, roadway, pathway, road infrastructure or road related infrastructure (or giving a description of them) affected by the proposed amendment; and (c) where a copy of the proposed amendment may be obtained or inspected; and r. 5 -- 5 of 10 -- Victorian Legislation Parliamentary Documents Part 2—Road Management Plans Road Management (Interim) Regulations 2004 S.R. No. 84/2004 5 (d) 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. 6. When notice of proposed amendment is not required A road authority is not required to give notice under regulation 5 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 Road Management Act 2004 of a standard and— (a) that standard is higher than a relevant standard previously determined under section 41 of that Act; or 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— r. 6 -- 6 of 10 -- Victorian Legislation Parliamentary Documents Part 2—Road Management Plans Road Management (Interim) Regulations 2004 S.R. No. 84/2004 6 • would provide for more frequent inspection or maintenance of a road; or • would decrease the period of time within which defects are to be repaired— but not if the determination of a standard— • would provide for less frequent inspection or maintenance of a road; or • would increase the period of time within which defects are to be repaired. (b) the determination of that standard only deals with changes to administrative procedures within a road authority or between road authorities; or Example The Chief Executive Officer may give a certification if the proposed amendment to the road management plan results in a determination of a standard consequent on the transfer of responsibility for a road or part of a road from one road authority to another. (c) the determination of that standard only deals with changes of a machinery or declaratory nature. Example The Chief Executive Officer may give a certification if the proposed amendment to the road management plan results in a determination of a standard consequent on— • the name of a road changing; or • a road closing; or • a road ceasing to be a public road. 7. Date of effect of amendment An amendment to a road management plan takes effect on the day it is made or on a later day specified by the amendment. r. 7 -- 7 of 10 -- Victorian Legislation Parliamentary Documents Part 2—Road Management Plans Road Management (Interim) Regulations 2004 S.R. No. 84/2004 7 8. Availability of amendments to road management plans (1) If a notice of a proposed amendment has been given in accordance with regulation 5, section 55 of the Road Management Act 2004 applies to the amendment of a road management plan as if the reference to the making of a road management plan in that section were a reference to the making of the amendment in accordance with this Division. (2) If a road authority amends a road management plan, it must record on that plan— (a) the substance of the amendment; and (b) the date of effect of the amendment. __________________ r. 8 -- 8 of 10 -- Victorian Legislation Parliamentary Documents Part 3—Notice of Incident Road Management (Interim) Regulations 2004 S.R. No. 84/2004 8 PART 3—NOTICE OF INCIDENT 9. Particulars of notice of incident For the purposes of section 115(3) of the Road Management Act 2004, 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 a court based on a claim in relation to an incident arising out of the condition of a public road or infrastructure; and (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; and (c) the date of the notice; and (d) a description of the incident in relation to which the person proposes to commence a proceeding; and (e) a description of the public road or infrastructure giving rise to the incident, and of the location of the road or infrastructure, that is sufficient to enable the responsible authority to identify the public road or infrastructure. __________________ r. 9 -- 9 of 10 -- Victorian Legislation Parliamentary Documents Part 4—Revocation of Regulations Road Management (Interim) Regulations 2004 S.R. No. 84/2004 9 PART 4—REVOCATION OF REGULATIONS 10. Revocation of Regulations These Regulations are revoked. ═══════════════ r. 10 -- 10 of 10 --