Victorian Current Acts

ROAD MANAGEMENT ACT 2004 - SECT 134G

    (1)     Schedule 7 applies in respect of the West Gate Tunnel tollway 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.".

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

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

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

    "(2)     The West Gate Tunnel tollway must be managed as far as is reasonably practicable in such a way as to minimise any adverse effects on—

        (a)     the use of the West Gate Tunnel tollway 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).

    (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 West Gate Tunnel 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.".

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

    "(4A)     A Code of Practice applying to the West Gate Tunnel Project must not be inconsistent with the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 or the West Gate Tunnel Agreement.".

S. 134H inserted by No. 18/2020 s. 151.