Victorian Current Acts

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ROAD MANAGEMENT ACT 2004 - SECT 134B

Application of Schedule 7 in respect of the EastLink

S. 134B(1) amended by No. 95/2005 s. 13(2)(d).

    (1)     Schedule 7 applies in respect of EastLink as modified by this section.

    (2)     Clause 8 applies as if after subclause (4) there were inserted—

    "(5)     Subclause (1) does not apply to the carrying out of routine maintenance and inspection work.

    (6)     For the purposes of this clause, work is not routine maintenance and inspection work if it requires traffic management measures in order to be conducted safely.".

S. 134B(3) amended by No. 95/2005 s. 13(2)(c).

    (3)     Clause 14 applies as if after subclause (1) there were inserted—

    "(1A)     The EastLink Corporation must have regard to the principles specified in this clause in the provision of road infrastructure.".

S. 134B(4) amended by No. 95/2005 s. 13(2)(d)(g).

    (4)     Clause 14 applies as if for subclause (2) there were substituted—

    "(2)     EastLink must be managed as far as is reasonably practicable in such a way as to minimise any adverse effects on—

        (a)     the use of EastLink by members of the public; and

        (b)     the provision of services by a Utility.".

    (5)     Clause 14(3) applies as if after paragraph (g) there were inserted—

    "(h)     minimise any damage to non-road infrastructure;

              (i)     minimise any risk to the property of Utilities;

        (j)     ensure that the non-road infrastructure is reinstated as nearly as practicable to the condition existing before the works necessary for the provision of the road infrastructure were conducted.".

    (6)     Clause 16(5) applies as if the reference to the works and infrastructure management principles were a reference to clause 14(2).

S. 134B(7) amended by Nos 95/2005 s. 13(2)(c), 55/2013 s. 26(5), 8/2019 s. 142.

    (7)     Clause 16 applies as if after subclause (8) there were inserted—

    "(8A)     Conditions to which a consent is given under this clause may require an applicant to compensate the EastLink Corporation for economic loss, subject to compliance with any prescribed requirements for negotiation and resolution of disputes in relation to compensation, but must not require the applicant to pay any form of penalty.".

S. 134B(8) amended by No. 95/2005 s. 13(2)(a)(b).

    (8)     Clause 17 applies as if after subclause (4) there were inserted—

    "(4A)     A Code of Practice applying to the Project within the meaning of the EastLink Project Act 2004 must not be inconsistent with that Act or the EastLink Agreement.".

S. 134C inserted by No. 70/2012 s. 12.



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