Victorian Current Acts

ROAD MANAGEMENT ACT 2004 - SECT 5

    (1)     Subject to this section, if there is an inconsistency between this Act and any other Act in relation to the performance of a road management function, the provisions of this Act prevail.

S. 5(2) amended by Nos 81/2006 s. 52(1), 9/2020 s. 390(Sch.  1 item 87.1).

    (2)     If a road authority is a municipal council, the provisions of Division 1 of Part 2 of the Local Government Act 2020 and Division 2 of Part 9 and Schedules 10 and 11 of the Local Government Act 1989 apply and are to be construed for the purposes of this Act as if those provisions formed part of this Act.

S. 5(3) amended by No. 6/2010 s. 203(1)
(Sch. 6 item 41.2) (as amended by Nos 45/2010 s. 22), 49/2019 s. 183(Sch.  3 item 4).

    (3)     If the road authority is the Head, Transport for Victoria, the provisions of the Transport Integration Act 2010 and the Transport (Compliance and Miscellaneous) Act 1983 relating to the Head, Transport for Victoria are to be construed as being in addition to and not in derogation from the provisions of this Act.

    (4)     This Act applies to infrastructure managers and works managers in relation to the installation of non-road infrastructure on roads despite the provisions of any other Act or law to the contrary.

    (5)     The Building Act 1993 does not apply to, or in respect of, any infrastructure or structure on, over or under, land or a stratum that forms part of a road unless the infrastructure or structure—

        (a)     is installed or constructed on adjacent land and extends over, onto or under the road; or

        (b)     is a building on an ancillary area or roadside.

Examples

The Building Act 1993 does not apply to structures such as bridges, culverts and tunnels that form part of the road itself.

The Building Act 1993 does apply to structures such as a hotel balcony or a shop verandah that extends over a footpath, a building that straddles a road or that is beneath an elevated road or bridge or above a road tunnel.

The Building Act 1993 does apply to structures such as a toilet block, bus shelter, shed or control booth on a roadside area or on an ancillary area.

    (6)     This Act does not affect the application to any roadside area of any other Act or law relating to the management of land.

Example

Section 20(2) of the Catchment and Land Protection Act 1994 which provides that a land owner must take all reasonable steps to prevent the spread of regionally controlled weeds and established pest animals on a roadside that adjoins the land owner's land is not affected by this Act.

    (7)     This Act is subject to the Melbourne City Link Act 1995 , the Agreement, the Extension Agreement and the Integration and Facilitation Agreement.

    (8)     The Link corporation, the Extension corporation or the Link operator, the Extension operator, their delegates or any lessee within the meaning of the Melbourne City Link Act 1995 must not exercise any power under this Act in a manner that is not consistent with the Melbourne City Link Act 1995 , the Agreement, the Extension Agreement or the Integration and Facilitation Agreement.

S. 5(8A) inserted by No. 39/2004 s. 263, amended by No. 95/2005 s. 13(2)(a)(b).

    (8A)     This Act is subject to the EastLink Project Act 2004 and the EastLink Agreement.

S. 5(8B) inserted by No. 39/2004 s. 263, amended by No. 95/2005 s. 13(2)(a)–(c).

    (8B)     The EastLink Corporation must not exercise any power or carry out any duty under this Act in a manner that is not consistent with the EastLink Project Act 2004 or the EastLink Agreement.

S. 5(8C) inserted by No. 70/2012 s. 4.

    (8C)     The Peninsula Link Freeway Corporation must not exercise any power or carry out any duty under this Act in a manner that is not consistent with the Peninsula Link Project Deed.

S. 5(8D) inserted by No. 8/2019 s. 131.

    (8D)     This Act is subject to the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 and the West Gate Tunnel Agreement.

S. 5(8E) inserted by No. 8/2019 s. 131.

    (8E)     The West Gate Tunnel Corporation and the West Gate Tunnel operator or their delegates must not exercise any power or carry out any duty under this Act in a manner that is not consistent with the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 or the West Gate Tunnel Agreement.

S. 5(8F) inserted by No. 18/2020 s. 142.

    (8F)     This Act is subject to the North East Link Act 2020 and any North East Link operation and maintenance agreement under which a person is designated as the North East Link operator.

S. 5(8G) inserted by No. 18/2020 s. 142.

    (8G)     The North East Link State Tolling Corporation and a North East Link operator or their delegates must not exercise any power or carry out any duty under this Act in a manner that is not consistent with the North East Link Act 2020 or any North East Link operation and maintenance agreement under which a person is designated as the North East Link operator.

S. 5(9) amended by No. 81/2006 s. 63.

    (9)     This Act is not intended to affect native title rights and interests otherwise than in accordance with the Native Title Act 1993 of the Commonwealth.

    (10)     This Act does not limit the operation of—

S. 5(10)(a) repealed by No. 6/2010 s. 203(1)
(Sch. 6 item 41.3) (as amended by No. 45/2010 s. 22).

    *     *     *     *     *

S. 5(10)(b) amended by Nos 81/2006 s. 52(2), 6/2010 s. 203(1)
(Sch. 6 item 41.4) (as amended by No. 45/2010 s. 22).

        (b)     section 254B of the Transport (Compliance and Miscellaneous) Act 1983 as proposed to be inserted in that Act by section 4 of the Transport (Highway Rule) Act 2002 .

S. 5A inserted by No. 6/2010 s. 24(5)(Sch.  1 item 14.2) (as amended by No. 45/2010 s. 5).