Road Management (Works and Infrastructure) (Interim) Regulations 2004

Victorian Legislation and Parliamentary Documents i Road Management (Works and Infrastructure) (Interim) Regulations 2004 S.R. No. 176/2004 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provision 2 3. Commencement 2 4. Definitions 2 PART 2—EXEMPTIONS 6 5. Exemption from requirement to obtain consent for, or give notice of completion of, minor works, other than traffic impact works 6 6. Exemption for fire authorities from requirement to obtain consent 6 7. Exemption from requirement to obtain consent in relation to pathway works 7 8. Exemption from requirement to obtain consent in respect of certain agreed works 8 9. Period within which utility must give notice of completion of certain works 8 10. Coordinating road authority may give exemption from requirement to give notice of completion of works 8 11. Exemption from requirement to give notice under clause 7 of Schedule 7 9 12. Exemptions in respect of driveway works or mowing 9 PART 3—CONSENTS 10 13. Certain conditions not to be imposed on consents 10 14. Prescribed particulars—Schedule 7, clause 16(3) 11 PART 4—GENERAL 12 15. Prescribed period—Schedule 7, clause 13 12 16. Prescribed period—Schedule 7, clause 17 12 -- 1 of 17 -- Victorian Legislation and Parliamentary Documents Regulation Page ii PART 5—FEES 13 17. Fees for applications for consent 13 PART 6—EXPIRY 15 18. Expiry 15 ═══════════════ -- 2 of 17 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 176/2004 Road Management Act 2004 Road Management (Works and Infrastructure) (Interim) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 14 December 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 exemptions from the requirement to obtain consent under section 63(1) of the Road Management Act 2004 before conducting certain works; (b) to prescribe exemptions from the requirement to give notice as to the conduct or completion of certain works; (c) to prescribe restrictions on the powers of a coordinating road authority to impose conditions on consents given under section 63(1) of the Road Management Act 2004; -- 3 of 17 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Road Management (Works and Infrastructure) (Interim) Regulations 2004 S.R. No. 176/2004 2 (d) to vary periods referred to in Schedule 7 of the Road Management Act 2004 within which certain notices must be given or consent is to be taken to have been given; (e) to prescribe particulars for the purpose of clause 16 of Schedule 7 of the Road Management Act 2004; (f) to prescribe fees for applications under Schedule 7 of the Road Management Act 2004 for written consent to the conduct of proposed works on a road. 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 2005. 4. Definitions In these Regulations— "agent", in relation to a utility, a responsible road authority, the Metropolitan Fire and Emergency Services Board or the Country Fire Authority, means a person authorised in writing by the utility, authority, Board or Authority to conduct works on its behalf; "driveway works" means the installation, maintenance or repair of a physical means of entry or exit for vehicles between adjoining land and a road reserve; r. 2 -- 4 of 17 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Road Management (Works and Infrastructure) (Interim) Regulations 2004 S.R. No. 176/2004 3 "minor works" means— (a) works consisting of— (i) the installation, repair or maintenance of aerial cables or other overhead non-road infrastructure; or (ii) the connection of a consumer to a service provided by, or intended to be provided by, a utility— other than supply extension works; (b) works consisting of the repair or maintenance of street lighting; (c) works consisting of the excavation of— (i) any part of a road other than a roadway, pathway or shoulder; or (ii) an area of a roadway, pathway or shoulder not exceeding 5 square metres; (d) works consisting of using an access hole for the purpose of accessing, repairing or maintaining infrastructure under a road; (e) works consisting of the installation, repair or maintenance of traffic control items carried out in accordance with the Road Safety Act 1986 and regulations made under that Act; (f) works consisting of the repair or maintenance of a pole or the replacement of a single pole (not being part of a replacement of a number of consecutive poles); r. 4 -- 5 of 17 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Road Management (Works and Infrastructure) (Interim) Regulations 2004 S.R. No. 176/2004 4 (g) works consisting of pruning vegetation; (h) works, other than works referred to above, conducted for the purpose of repair, inspection, operation or testing of an asset or for the purposes of a survey; "supply extension works" means the connection of a consumer to a service provided, or intended to be provided, by a utility— (a) in an urban area by means of— (i) underground works over a distance exceeding 50 metres; or (ii) overhead works involving more than one pole; (b) in any other area, by means of— (i) underground works over a distance exceeding 300 metres; or (ii) overhead works involving more than 3 poles; "traffic impact works" means works— (a) conducted— (i) on a freeway; or (ii) on an arterial road and that require the deviation of vehicular traffic into an on-coming traffic lane; or (iii) in a clearway when it is in operation; or (iv) on, or partly on, or that affect, a bridge or other structure; or r. 4 -- 6 of 17 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Road Management (Works and Infrastructure) (Interim) Regulations 2004 S.R. No. 176/2004 5 (b) that require the closure to vehicular traffic of a part of a roadway for a continuous period of more than 12 hours or for more than 24 hours in 7 days; or (c) that have a significant impact on road safety, traffic or other infrastructure. __________________ r. 4 -- 7 of 17 -- Victorian Legislation and Parliamentary Documents Part 2—Exemptions Road Management (Works and Infrastructure) (Interim) Regulations 2004 S.R. No. 176/2004 6 PART 2—EXEMPTIONS 5. Exemption from requirement to obtain consent for, or give notice of completion of, minor works, other than traffic impact works (1) A person to whom this regulation applies— (a) 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 minor works, other than traffic impact works; and (b) is exempt from the requirement under clause 13(1) of Schedule 7 of the Road Management Act 2004 to give notice to the relevant coordinating road authority as to the completion of minor works other than— (i) traffic impact works; and (ii) works consisting of, or including, the excavation of any part of a roadway, pathway or shoulder. (2) This regulation applies to a utility, an agent of a utility, a responsible road authority and an agent of a responsible road authority. 6. Exemption for fire authorities from requirement to obtain consent (1) A person to whom this regulation applies is exempt from— (a) the requirement under section 63(1) of the Road Management Act 2004 to obtain the written consent of the relevant coordinating road authority for works consisting of the inspection or maintenance of water valves under its management, not being works that r. 5 -- 8 of 17 -- Victorian Legislation and Parliamentary Documents Part 2—Exemptions Road Management (Works and Infrastructure) (Interim) Regulations 2004 S.R. No. 176/2004 7 have a significant impact on road safety, traffic or other infrastructure; and (b) the requirement under clause 13(1) of Schedule 7 of that Act to give notice to the relevant coordinating road authority as to the completion of such works. (2) This regulation applies to the Metropolitan Fire and Emergency Services Board, an agent of the Board, the Country Fire Authority and an agent of the Authority. 7. Exemption from requirement to obtain consent in relation to pathway works (1) A person to whom this regulation applies— (a) 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 works consisting of the construction, repair or maintenance of a pathway, other than works that have a significant impact on road safety, traffic or other infrastructure; and (b) is exempt from the requirement under clause 13(1) of Schedule 7 of that Act to give notice to the relevant coordinating road authority as to the completion of such works. (2) This regulation applies to a responsible road authority and an agent of a responsible road authority. r. 7 -- 9 of 17 -- Victorian Legislation and Parliamentary Documents Part 2—Exemptions Road Management (Works and Infrastructure) (Interim) Regulations 2004 S.R. No. 176/2004 8 8. Exemption from requirement to obtain consent in respect of certain agreed works A person who undertakes works in accordance with an agreement or requirement under clause 18 of Schedule 7 of the Road Management Act 2004 is exempt from the requirement under section 63(1) of that Act to obtain the written consent of the relevant coordinating road authority for those works. 9. Period within which utility must give notice of completion of certain works (1) For the purposes of clause 13 of Schedule 7 of the Road Management Act 2004, the period within which a person to whom this regulation applies must give notice of the completion of works, is the period ending on the 14th day of the month next following the completion of the works. (2) This regulation applies to a utility, or the agent of a utility, in respect of works where the utility or agent 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. 10. Coordinating road authority may give exemption from requirement to give notice of completion of works Where a co-ordinating road authority gives written consent under section 63(1) of the Road Management Act 2004 to a person for the conduct of works, it may exempt that person from the requirement under clause 13(1) of Schedule 7 of that Act to give notice as to the completion of those works. r. 8 -- 10 of 17 -- Victorian Legislation and Parliamentary Documents Part 2—Exemptions Road Management (Works and Infrastructure) (Interim) Regulations 2004 S.R. No. 176/2004 9 11. Exemption from requirement to give notice under clause 7 of Schedule 7 (1) A person to whom this regulation applies is exempt from the requirement under clause 7 of Schedule 7 of the Road Management Act 2004 to give notice to the relevant coordinating road authority of any proposed installation of non-road infrastructure or related works on the road reserve. (2) This regulation applies to a utility, an agent of a utility, a responsible road authority and an agent of a responsible road authority. 12. Exemptions in respect of driveway works or mowing A person is exempt from— (a) the requirement under section 63(1) of the Road Management Act 2004 to obtain the written consent of the coordinating road authority for the conduct of works consisting of driveway works or mowing any part of a roadside, other than a roadside on a freeway, being works that do not have a significant impact on road safety, traffic or other infrastructure; and (b) the requirement under clause 13(1) of Schedule 7 of that Act to give notice to the relevant coordinating road authority as to the completion of such driveway works or mowing. Note: The exemptions under this regulation do not affect the obligation to comply with a requirement under any other provision of the Road Management Act 2004 or under any other Act or law. __________________ r. 11 -- 11 of 17 -- Victorian Legislation and Parliamentary Documents Part 3—Consents Road Management (Works and Infrastructure) (Interim) Regulations 2004 S.R. No. 176/2004 10 PART 3—CONSENTS 13. Certain conditions not to be imposed on consents (1) A coordinating road authority must not impose on a consent given under section 63(1) of the Road Management Act 2004— (a) a condition relating to visual amenity or aesthetics unless the condition relates to road infrastructure; (b) a condition relating to engineering, design or technical requirements or standards for equipment used in the provision of services by a utility; (c) a condition that is not reasonably relevant to the conduct of the works; (d) a condition requiring non-road infrastructure that would normally be placed above ground to be placed under a road. (2) A coordinating road authority must not impose on a consent given to a utility under section 63(1) of the Road Management Act 2004 a condition relating to financial security in respect of the conduct of the works. (3) Any dispute arising under this regulation between 2 or more road authorities is to be determined by the relevant road Minister or his or her nominee or by the relevant road Ministers or their joint nominees. (4) Any dispute arising under this regulation between a road authority and a utility is to be determined by the relevant road Minister and the relevant utility Minister or their joint nominees having regard to the works and infrastructure management principles. r. 13 -- 12 of 17 -- Victorian Legislation and Parliamentary Documents Part 3—Consents Road Management (Works and Infrastructure) (Interim) Regulations 2004 S.R. No. 176/2004 11 14. Prescribed particulars—Schedule 7, clause 16(3) The particulars that must be included in an application for written consent to the conduct of proposed works that may affect non-road infrastructure which is the responsibility of an infrastructure manager or works manager other than the applicant are— (a) particulars of any proposed traffic management plan in accordance with clause 3 of Schedule 7 of the Road Management Act 2004; (b) particulars of notices given to other infrastructure managers or works managers in accordance with clause 8 of Schedule 7 of the Road Management Act 2004; (c) particulars of consultations conducted in accordance with clause 10 of Schedule 7 of the Road Management Act 2004. __________________ r. 14 -- 13 of 17 -- Victorian Legislation and Parliamentary Documents Part 4—General Road Management (Works and Infrastructure) (Interim) Regulations 2004 S.R. No. 176/2004 12 PART 4—GENERAL 15. Prescribed period—Schedule 7, clause 13 The period within which notice is to be given under clause 13(1) of Schedule 7 of the Road Management Act 2004 is 7 business days. 16. Prescribed period—Schedule 7, clause 17 The relevant period for the purposes of clause 17 of Schedule 7 of the Road Management Act 2004 in relation to an application by a utility for written consent to the conduct of works— (a) consisting of supply extension works is 15 business days; (b) consisting of the connection of a consumer to a service, not being supply extension works, provided by, or intended to be provided by, the utility is 3 business days. __________________ r. 15 -- 14 of 17 -- Victorian Legislation and Parliamentary Documents Part 5—Fees Road Management (Works and Infrastructure) (Interim) Regulations 2004 S.R. No. 176/2004 13 PART 5—FEES 17. Fees for applications for consent (1) The fee for an application under clause 16 of Schedule 7 of the Road Management Act 2004 for written consent to the conduct of proposed works on a road referred to in column 1 of the Table below is the fee specified in column 2 of the Table applicable to the class of works referred to in the application. (2) A coordinating road authority may waive the whole or any part of a fee if it considers that the application and any certificates, endorsements or other documents accompanying the application provide sufficient confirmation that satisfactory preparatory arrangements have been made for the conduct of the works or part of them. THE TABLE Column 1 Column 2 Works, other than minor works Minor works Conducted on, or on any part of, the roadway, shoulder or pathway Not conducted on, or on any part of, the roadway, shoulder or pathway Conducted on, or on any part of, the roadway, shoulder or pathway Not conducted on, or on any part of, the roadway, shoulder or pathway Freeway 45 fee units 32 fee units 25 fee units 10 fee units Arterial road 45 fee units 25 fee units 11·5 fee units 10 fee units r. 17 -- 15 of 17 -- Victorian Legislation and Parliamentary Documents Part 5—Fees Road Management (Works and Infrastructure) (Interim) Regulations 2004 S.R. No. 176/2004 14 Column 1 Column 2 Works, other than minor works Minor works Conducted on, or on any part of, the roadway, shoulder or pathway Not conducted on, or on any part of, the roadway, shoulder or pathway Conducted on, or on any part of, the roadway, shoulder or pathway Not conducted on, or on any part of, the roadway, shoulder or pathway Municipal road or non-arterial State road on which the maximum speed limit for vehicles at any time is more than 50 kilometres per hour 45 fee units 25 fee units 11·5 fee units 5 fee units Municipal road or non-arterial State road on which the maximum speed limit for vehicles is not more than 50 kilometres per hour 20 fee units 5 fee units 5 fee units 5 fee units Note 1: Fees are not payable in respect of minor works that do not require consent. See regulation 5. Note 2: The fees are expressed as fee units in accordance with the Monetary Units Act 2004. __________________ r. 17 -- 16 of 17 -- Victorian Legislation and Parliamentary Documents Part 6—Expiry Road Management (Works and Infrastructure) (Interim) Regulations 2004 S.R. No. 176/2004 15 PART 6—EXPIRY 18. Expiry These Regulations cease to have any force or effect on 30 June 2005. ═══════════════ r. 18 -- 17 of 17 --