Victorian Current Acts

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ROAD MANAGEMENT ACT 2004 - SECT 134F

Application of Act in respect of the West Gate Tunnel tollway and the West Gate Tunnel Corporation

    (1)     This Act applies in respect of the West Gate Tunnel tollway in accordance with this section and section 134G.

    (2)     Subject to this section, the West Gate Tunnel Corporation is, in respect of the West Gate Tunnel tollway, the coordinating road authority for the purposes of sections 19, 48(3) and 63(1) and clauses 7, 12 and 13 and Part 2 of Schedule 7.

    (3)     Subject to subsection (2) and section 134G, the Head, Transport for Victoria has the powers and functions of a coordinating road authority in respect of the West Gate Tunnel tollway if so requested by the West Gate Tunnel Corporation.

    (4)     The functions and powers of an authorised officer appointed by the Secretary extend in respect of the West Gate Tunnel tollway if so requested by the West Gate Tunnel Corporation in accordance with an arrangement between the West Gate Tunnel Corporation and the Secretary.

    (5)     A direction to the West Gate Tunnel Corporation under section 22 must not be inconsistent with the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 or the West Gate Tunnel Agreement.

    (6)     A Code of Practice under section 28 in its application to the West Gate Tunnel Corporation must not be inconsistent with the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 or the West Gate Tunnel Agreement.

    (7)     A determination under section 41 must not be inconsistent with the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 or the West Gate Tunnel Agreement.

    (8)     Section 66 does not apply to the West Gate Tunnel tollway if the placing of the structure, device, hoarding, advertisement, sign or bill is permitted under the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 or the West Gate Tunnel Agreement.

    (9)     Section 96 applies to the West Gate Tunnel tollway as if the Head, Transport for Victoria were the relevant road authority.

    (10)     Sections 11, 12, 13, 14, 15, 18, 36, 38(1)(d), 39, 105(3), 118, 119, 120, 123 and 127 and clauses 2 and 3 of Schedule 2 and clauses 1, 2, 3, 5, 8, 9, 11 and 12 of Schedule 5 do not apply to the West Gate Tunnel tollway or the West Gate Tunnel Corporation.

    (11)     Clauses 1, 4, 5, 6, 7, 9, 10, 11, 12, 13 and 14 of Schedule 4 apply to the West Gate Tunnel Corporation in respect of the West Gate Tunnel tollway as if the West Gate Tunnel Corporation were the responsible State road authority.

    (12)     Clause 10(1) of Schedule 5 applies to the West Gate Tunnel tollway as if the reference to infrastructure did not include road-related infrastructure installed in accordance with the West Gate Tunnel Agreement.

    (13)     The power to—

        (a)     cause to be removed, destroyed or blocked, a means of access to a freeway constructed, formed or laid out without the consent of the road authority; and

        (b)     cause to be erected and maintained, fences, posts or other obstructions along a freeway or along or across an entrance, approach or means of access to a freeway for the purpose of preventing access to a freeway

which is conferred on the Head, Transport for Victoria in relation to a freeway is conferred on the West Gate Tunnel Corporation in respect of the West Gate Tunnel tollway.

S. 134G inserted by No. 8/2019 s. 144 (as amended by No. 49/2019 s. 172).



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