Victorian Current Acts

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ROAD MANAGEMENT ACT 2004 - SECT 35

Powers of a road authority

    (1)     Subject to this Act, a road authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under this Act.

    (2)     The generality of subsection (1) is not limited by the conferring of specific powers on a road authority by or under this Act or any other Act.

S. 35(3) amended by No. 74/2007 s. 75.

    (3)     Schedules 1 to 7A do not limit the functions or powers conferred on a road authority by or under this Act or any other Act.

    (4)     If a road authority has specific powers under any other Act, this section—

        (a)     is to be construed as being in addition to those powers; and

        (b)     is not to be construed as overriding any requirements, restrictions, limitations or conditions to which the specific powers are subject.

Note

If a road authority is a municipal council it has the powers specified in Division 2 of Part 9 and Schedules 1, 10 and 11 of the Local Government Act 1989 .

S. 35(5) inserted by No. 93/2009 s. 24.

    (5)     Despite subsection (4), if a road authority is prescribed for the purposes of section 37(2A) as the responsible road authority for road-related infrastructure, or a class of road-related infrastructure, on a road, or a class of road, a function or power that would otherwise be a function or power of a municipal council in relation to that road-related infrastructure under this Act or any other Act is subject to those regulations.



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