VICIn ForceAct
Melbourne City Link Act 1995
93HDeclaration of Extension road
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93H Declaration of Extension road
S. 93H(1) substituted by No. 81/2000 s. 27.
(1) The Minister may, from time to time declare any part of any land leased under section 93G to be a road.
(2) The Minister must cause a notice of a declaration under subsection (1) to be published in the Government Gazette.
(3) On the publication of a notice of a declaration under subsection (2), the road specified in the declaration is deemed to be—
S. 93H(3)(a) amended by No. 12/2004 s. 162(6).
(a) an arterial road within the meaning of the **Road Management Act 2004**; and
(b) a road open to and for use by the public for passage with vehicles; and
S. 93H(4) amended by No. 12/2004 s. 162(7).
(4) This section does not affect the grant or operation of a lease despite anything to the contrary in Schedule 5 of the **Road Management Act 2004**.
S. 93HA inserted by No. 76/2010 s. 42.
93HA Power to revoke certain declarations of Extension road
(1) The Minister may revoke, in whole or in part, a declaration made under section 93H in respect of land to which a lease under section 93G does not apply, whether the declaration has been made under section 93H as enacted or as previously enacted.
(2) A revocation under subsection (1) must specify the land which is the subject of the wholly or partially revoked declaration.
(3) The Minister must cause a notice of a revocation under subsection (1) to be published in the Government Gazette.
(4) On the publication of a notice of a revocation under subsection (3), the land specified in the revocation ceases to be—
(a) an arterial road within the meaning of the **Road Management Act 2004**; and
(b) a road open to and for use by the public for passage with vehicles, and all rights, easements and privileges existing or claimed in it as a road either in the public or by any body or person as incident to any express or implied grant or past dedication or supposed dedication or by user or operation of law, cease; and
(5) The partial revocation of a declaration under subsection (1) is not to be taken to affect any toll zone specified in relation to that part of the land which is the subject of that part of the declaration that has not been revoked.
(6) On a revocation of the whole or a part of a declaration under subsection (1), any reference to the Extension road in a notice of a toll zone specified under section 71(1), so far as it relates to any period on or after the revocation, is taken not to include any land that was the subject of the revocation.
S. 93I
inserted by No. 39/1997 s. 6, substituted by No. 50/1998
s. 24.