Victorian Current Acts

ROAD MANAGEMENT ACT 2004 - SECT 38

    (1)     In exercising the functions and powers conferred on a road authority by or under this Act or any other Act, the road authority must have regard to—

        (a)     the principal object of road management;

        (b)     the works and infrastructure management principles;

        (c)     the rights of road users;

        (d)     the need to exercise the functions and powers within its overall policy and budgetary context;

        (e)     policies and priorities in relation to transport, the environment and other matters determined by the Government of Victoria;

        (f)     any relevant Code of Practice;

        (g)     any other law affecting the management of roads;

        (h)     any roadside management plan developed to protect flora and fauna;

S. 38(1)(i) amended by No. 17/2009 s. 12(9).

              (i)     any matters arising from consultation with the community, utilities, providers of public transport and other stakeholders.

    (2)     Without limiting the generality of the principles specified in subsection (1), a road authority should—

        (a)     determine policies and priorities for the construction and maintenance of roads after considering—

S. 38(2)(a)(i) amended by No. 49/2019 s. 183(Sch.  3 item 16).

              (i)     the priorities and social and economic needs of the community and of road users and the special needs of any sector of the community and, in the case of the Head, Transport for Victoria, also the needs of the national and State road networks;

              (ii)     any relevant environmental, economic, social or financial policies or objectives determined by the Government of Victoria;

              (iii)     the volume and nature of road usage;

        (b)     manage its road network in cooperation with other road authorities, utilities, providers of public transport, government agencies, community organisations and the private sector;

        (c)     seek to ensure—

              (i)     the efficient and effective management and use of the road network and infrastructure to meet the needs of the community and road users;

              (ii)     the most efficient use of the resources available for road management;

              (iii)     that the public road network and infrastructure are as safe for users as is reasonably practicable;

        (d)     in the case of a coordinating road authority, coordinate the development and use of the road reserve generally, including the carrying out of works and the installation of infrastructure on roads so as to—

              (i)     ensure the safety of road users and the community;

              (ii)     minimise disruption and inconvenience to road users;

              (iii)     protect the environment;

              (iv)     protect the physical integrity of the road and infrastructure in the road reserve;

S. 38(2)(e) amended by No. 17/2009 s. 12(10).

        (e)     facilitate the appropriate use of the road reserve for non-road infrastructure and the effective and efficient delivery of utility and public transport services.