Victorian Current Acts Victorian Current ActsSchedule 2—Management of road access
Sch. 2 cl. 1 amended by No. 49/2019 s. 183(Sch. 3 item 43(a)).
1 Access to freeways
No road, private road or access point is to be connected to a freeway without the written consent of the Head, Transport for Victoria.
2 Decisions relating to access to controlled access roads
(1) A road authority may make a decision in respect of one or more controlled access roads and particular adjacent land.
(2) A decision under this clause—
(a) may be made on the initiative of the road authority or on the application of the owner of particular adjacent land; and
(b) must be written.
(3) A decision under this clause may specify—
(a) the location or locations at which access between the particular adjacent land and the controlled access road is permitted;
(b) restrictions on the use of a location specified under paragraph (a);
(c) conditions on the use of a location specified under paragraph (a);
(d) where a particular access facility or a specified type of access facility is to be situated;
(e) restrictions on the use of an access facility;
(f) conditions on the use of an access facility;
(g) that access at a specified location or locations is no longer permitted;
(h) that an access facility for construction at a specified place must be of a specified type, standard or extent or be constructed in a specified manner;
(i) that either the type, standard or extent of the existing access facility must be changed in a manner specified by the road authority or the use of the access facility must be discontinued;
(j) that all access between the controlled access road and the land is prohibited;
(k) that all access between the controlled access road and the land is no longer prohibited;
(l) that a specified existing access facility must be removed by the owner within a specified period;
(m) without limiting paragraphs (g) to (l), that anything referred to in paragraphs (a) to (f) is, or is to be, changed as specified in the decision.
(4) Without limiting subclause (3), a condition or restriction under subclause (3) may be—
(a) a prohibition on the use of the permitted road access location or an access facility by pedestrians;
(b) a prohibition on turns by motor vehicles going into or out of the land;
(c) a restriction on the type and number of motor vehicles that the owner or occupier or the person who applied for the decision may allow to use the permitted road access location;
(d) a requirement that the owner or occupier or person who applied for the decision is to take specified or other reasonable steps to ensure the permitted road access location is used by others in accordance with the conditions;
(e) a restriction on when the permitted road access location may be used.
(5) A decision or part of a decision may be limited to a specified period by reference to time or circumstance.
(6) A decision must be consistent with any applicable policy under clause 3.
(7) In this clause, "access facility" means—
(a) a physical means of entry or exit for vehicles between adjoining land and a road reserve; or
Example
A driveway on adjacent land.
(b) infrastructure on a road reserve which provides, or a part of roadway which facilitates, entry or exit for traffic between the access facility referred to in paragraph (a) and the roadway.
Example
A driveway on adjoining land which extends into the road reserve to connect the driveway to the roadway or an acceleration or deceleration lane of a roadway which connects to an entry or exit to adjoining land.
3 Policy relating to application of clause 2
(1) A road authority must make a policy about the application of clause 2 to access between the controlled access road and adjacent land for each controlled access road proposed to be declared.
(2) A road authority may amend, revoke or substitute a policy made under subclause (1).
(3) A road authority must provide a copy of any policy made or substituted under this clause to the responsible authority within the meaning of the Planning and Environment Act 1987 administering the planning scheme applying to the area in which the controlled access road is located.
(4) A road authority must notify the responsible authority within the meaning of the Planning and Environment Act 1987 administering the planning scheme applying to the area in which the controlled access road is located of any amendment or revocation of a policy.
Sch. 2 cl. 3(5) inserted by No. 24/2005 s. 20.
(5) A policy made under subclause (1) is not a subordinate instrument for the purposes of the Interpretation of Legislation Act 1984 .
Sch. 2 cl. 3A inserted by No. 24/2005 s. 21.
3A Power to apply, adopt or incorporate
(1) A policy under clause 3 may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority, person or body whether—
(a) wholly or partially or as amended by the policy; or
(b) as formulated, issued, prescribed or published at the time the policy is made or at any time before then; or
(c) as formulated, issued, prescribed or published from time to time.
(2) If a policy has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or method is at any time amended, until the road authority causes notice to be published in the Government Gazette of that amendment, the document, code, standard, rule, specification or method is to be taken not to have been so amended.
Sch. 2 cl. 4 (Heading) amended by No. 49/2019 s. 183(Sch. 3 item 43(b)).
4 Head, Transport for Victoria must consult with municipal council
Sch. 2 cl. 4(1) amended by No. 49/2019 s. 183(Sch. 3 item 43(c)).
(1) This clause applies if the road authority
proposing to act under section 42 or clause 3 is the Head, Transport for
Victoria.
Sch. 2 cl. 4(2) amended by No. 49/2019 s. 183(Sch. 3 item 43(c)).
(2) Before complying with clause 5, the Head, Transport for Victoria must give—
Sch. 2 cl. 4(2)(a) amended by No. 49/2019 s. 183(Sch. 3 item 43(c)).
(a) details of the proposal to each municipal council which the Head, Transport for Victoria considers may be affected by the proposal;
Sch. 2 cl. 4(2)(b) amended by No. 49/2019 s. 183(Sch. 3 item 43(c)).
(b) each municipal council referred to in paragraph (a) a reasonable opportunity to make a submission on the proposal to the Head, Transport for Victoria.
5 Publication requirements
Sch. 2 cl. 5(1) substituted by No. 81/2006 s. 58.
(1) A road authority must publish a notice of the making, amending or revoking of a declaration under section 42 or of the making, amending, revoking or substitution of a policy under clause 3 in the Government Gazette.
(2) A notice under subclause (1) relating to the making, amending or revoking of a declaration under section 42 must state—
(a) the reasons for making, amending or revoking the declaration; and
(b) information about the location of the controlled access road including—
(i) the points at which the controlled access road starts and ends or is to be removed; and
(ii) its alignment; and
(iii) the boundaries to which limitation of access is to be applied or removed.
(3) A notice under subclause (1) must state—
(a) that there is a policy in respect of the application of clause 2 to access between the public road and adjacent land;
(b) if the policy is in substitution for an existing policy, a summary of, or a reference to, the existing policy;
(c) the text of the policy or details of the places and times when the policy can be inspected free of charge;
(d) the text of section 60;
(e) that a person who is affected by the decision to which the notice relates may apply to the Tribunal for review of the road authority's decision.
(4) A notice under subclause (1) must—
(a) provide information about the circumstances in which compensation may be payable under section 127; and
(b) specify the date by which a
claim for compensation must be lodged with the road authority.