Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ROAD MANAGEMENT ACT 2004 - SECT 134H

Application of Act in respect of the North East Link road and the North East Link State Tolling Corporation

    (1)     This Act applies in respect of the North East Link road in accordance with this section and section 134I.

    (2)     Subject to this section, the North East Link State Tolling Corporation is, in respect of the North East Link road, 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 134I, the Head, Transport for Victoria has the powers and functions of a coordinating road authority in respect of the North East Link road if so requested by the North East Link State Tolling Corporation.

    (4)     The functions and powers of an authorised officer appointed by the Secretary extend in respect of the North East Link road if so requested by the North East Link State Tolling Corporation in accordance with an arrangement between the North East Link State Tolling Corporation and the Secretary.

    (5)     A direction to the North East Link State Tolling Corporation under section 22 must not be inconsistent with the North East Link Act 2020 or a North East Link operation and maintenance agreement under which a person is designated as the North East Link operator.

    (6)     A Code of Practice under section 28 in its application to the North East Link State Tolling Corporation must not be inconsistent with the North East Link Act 2020 or a North East Link operation and maintenance agreement under which a person is designated as the North East Link operator.

    (7)     A determination under section 41 must not be inconsistent with the North East Link Act 2020 or a North East Link operation and maintenance agreement under which a person is designated as the North East Link operator.

    (8)     Section 66 does not apply to the North East Link road if the placing of the structure, device, hoarding, advertisement, sign or bill is permitted under the North East Link Act 2020 or a North East Link operation and maintenance agreement.

    (9)     Section 96 applies to the North East Link road as if the Head, Transport for Victoria were the relevant road authority.

    (10)     Sections 11, 12, 13, 14, 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 North East Link road or the North East Link State Tolling Corporation.

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

    (12)     Clause 10(1) of Schedule 5 applies to the North East Link road as if the reference to infrastructure did not include road-related infrastructure installed in accordance with a North East Link operation and maintenance 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 North East Link State Tolling Corporation in respect of the North East Link road.

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



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback