Victorian Current Acts

ROAD MANAGEMENT ACT 2004 - SCHEDULE 6

Schedule 6—Specific protection of roads and adjoining land powers of State road authorities

        1     Exercise of powers in relation to private roads

    (1)     A State road authority may at its discretion exercise any of its powers with respect to roads in relation to a private road—

        (a)     with the agreement of the owner of, or person responsible for, the private land; or

        (b)     if the State road authority has reasonable grounds for considering that it is necessary or desirable to do so in the interests of public safety or for environmental reasons.

    (2)     A State road authority may charge a reasonable amount for any works conducted under this clause.

        2     Power concerning holes and other dangers

A State road authority may—

        (a)     fill any hole or excavation in or near a road;

        (b)     remove any cause of possible damage to a road, or of danger to anyone or anything using the road;

        (c)     erect or restore any fence near any hole or excavation that is near a road;

        (d)     require a person to do any of the things listed in paragraphs (a), (b) and (c).

        3     Power in respect of neighbouring land

    (1)     A coordinating State road authority may exercise the power conferred by this clause in any case where the coordinating State road authority considers that—

        (a)     the condition of land near a road may adversely affect—

              (i)     the safety of users of the road; or

              (ii)     the structural integrity of any part of the road; or

        (b)     a thing on land near a road constitutes a danger to persons or vehicles lawfully entitled to use the road.

    (2)     Without limiting the generality of subclause (1), the condition of land near a road is to be taken to adversely affect the safety of users of the road if—

        (a)     the condition of the land may obscure the field of view of users of the road; or

        (b)     the condition may distract the attention of a driver of a vehicle on the road.

    (3)     If this clause applies, the coordinating State road authority may serve a notice on the owner or occupier of the land to remove, mitigate or rectify the condition or thing specified in the notice.

    (4)     Without limiting the generality of the power, the power includes directing—

        (a)     the removal of overhanging trees or other encroachments on air space over a road;

        (b)     that the landform of the land be altered;

        (c)     that measures be taken to reduce the flow of water onto a road, including the removal of levee banks or other constructed features that have altered the natural flow of water;

        (d)     that the risk of materials coming onto the road from the land be reduced;

        (e)     that excavations on the land are to be filled;

        (f)     that fences are erected, lights are installed or other measures taken with respect to hazards on the land;

        (g)     the removal of a hoarding or sign;

        (h)     the removal or modification of specified traffic hazards;

              (i)     that rectification works specified in the notice be conducted within the time specified.

Note

Section 61 provides that it is an offence to fail to comply with a direction without reasonable excuse.

        4     Power of State road authority to take remedial action

    (1)     Subject to this Act, a State road authority may enter any land to which clause 3 applies for the purpose of exercising powers under that clause if—

        (a)     the owner or occupier has not complied with a direction under that clause; or

        (b)     the State road authority considers that there is an emergency or that the works are required urgently to ensure public safety, the structural integrity of the road or the movement of traffic on the road.

Sch. 6 cl. 4(2) amended by No. 49/2019 s. 183(Sch.  3 item 47(a)).

    (2)     The Head, Transport for Victoria may—

Sch. 6 cl. 4(2)(a) amended by No. 49/2019 s. 183(Sch.  3 item 47(b)).

        (a)     cause to be removed, destroyed or blocked any means of access to or from a freeway constructed, formed or laid out without the consent of the Head, Transport for Victoria; and

        (b)     cause to be erected and maintained fences, posts or other obstructions along any part of a freeway or along or across any entrance, approach or means of access thereto for the purpose of preventing access to the freeway.

    (3)     The relevant coordinating State road authority may cause to be removed, destroyed or blocked any access points on a controlled access road constructed without the consent of the relevant coordinating State road authority.

        5     Power to take actions to secure structural integrity of road

Without limiting the powers conferred by clauses 3 and 4, a State road authority may construct, install and maintain structures or works on any land near a road for the purpose of ensuring the structural integrity of the road.