Victorian Current Acts

ROAD MANAGEMENT ACT 2004 - SCHEDULE 9

Schedule 9—Transitional and savings provisions

        1     Declaration of existing roads

    (1)     A road which immediately before 1 July 2004 is declared as a freeway, is deemed to have been declared as a freeway under this Act.

    (2)     A road which immediately before 1 July 2004 is declared as—

        (a)     a forest road; or

        (b)     a main road; or

        (c)     a State highway; or

        (d)     the King-Street Bridge; or

        (e)     a tourists' road—

is deemed to have been declared as an arterial road under this Act.

    (3)     A road which immediately before 1 July 2004 is declared as a stock route is deemed to be a road under this Act.

    (4)     A part of a road which immediately before 1 July 2004 is declared as a metropolitan bridge, is deemed to have been declared under this Act the same as the declaration under this Act of the road connected by the metropolitan bridge.

    (5)     A road which immediately before 1 July 2004 is not a road to which subclause (1) or (4) applies may be declared as a State road or municipal road under this Act if a road authority registers the public highway as a public road in its register of roads.

    (6)     A metropolitan bridge is to be declared the same as the declaration of the public road connected by the metropolitan bridge.

    (7)     In this clause—

"forest road" means a road declared to be a forest road under the Transport Act 1983 or proclaimed to be a forest road under any corresponding previous enactment;

"main road" means a road declared to be or deemed to be a main road under the Transport Act 1983 or any corresponding previous enactment;

"metropolitan bridge" means a bridge declared or deemed to have been declared under the Transport Act 1983 or any corresponding previous enactment to be a metropolitan bridge;

"King-Street Bridge" has the same meaning as it had in the King-street Bridge Act 1957 ;

"State highway" means a road declared to be or deemed to be a State highway under the Transport Act 1983 or any corresponding previous enactment;

"stock route" means a route declared to be or deemed to be a stock route under the Transport Act 1983 or any corresponding previous enactment;

"tourists' road" means a road declared to be a tourists' road under the Transport Act 1983 or proclaimed to be a tourists' road under any corresponding previous enactment.

        2     Savings provisions

    (1)     Subject to this Act, the amendments made to the Transport Act 1983 by section 137 do not affect the continuity, status, operation or effect of any act, matter or thing done, existing or continuing under the Transport Act 1983 as in force immediately before 1 July 2004.

    (2)     The repeal of section 203 of the Local Government Act 1989 does not affect the status of any public highways vested in a municipal council under that section.

Sch. 10 (Heading) amended by No. 45/2016 s. 11.