10Rights of the public in relation to a public highway

10 Rights of the public in relation to a public highway The rights of the public whether under this Act orat common law in relation to a public highway can only be extinguished if the public highway is discontinued as a road in accordance with section 12 or discontinued as a road or permanently closed as a road under a power to discontinue or permanently close a road conferred by or under any other Act. See clauses 1, 2 and 14 of Schedule 5 as to the vesting of roads and the prevention of adverse possession or easements by long user in roads. Part 3—The road system Division 1—Roads 11 Power to declare and name a road (1) A road authority may by notice published in the Government Gazette declare a road under this Act over— (a) any land owned by the road authority; or (b) subject to subsection (2), any land managed by the road authority. (2) If the land managed by the road authority is— (a) land reserved under the **Crown Land (Reserves) Act 1978**, the road authority must obtain the written consent of the Minister administering that Act; (b) land administered under the **Forests Act 1958**, the road authority must obtain the written consent of the Minister administering that Act; (c) land administered under the **National Parks Act 1975**, the road authority must obtain the written consent of the Minister administering that Act; (d) freehold land owned by a public authority or any other person, the road authority must obtain the written consent of the public authority or other person; (e) unreserved Crown land, the road authority must obtain the written consent of the Minister administering the **Land Act 1958**. (3) Land declared to be a road under subsection (1) becomes a road from the date of publication of the notice or a later date specified in the notice. (4) A road declared under this section is dedicated to the public as a public highway within the meaning of the common law or any Act. S. 11(5) amended by No. 49/2019 s. 183(Sch. 3 item 5). (5) If the Head, Transport for Victoria declares a road under subsection (1), the Head, Transport for Victoria must also make a declaration under section 14(1)(a) or 14(1)(b). S. 11(6) amended by No. 49/2019 s. 183(Sch. 3 item 5). (6) If a State road authority other than the Head, Transport for Victoria declares a road under subsection (1), the road is a non-arterial State road. (7) If a road authority which is a municipal council declares a road under subsection (1), the road is a municipal road. (8) The relevant coordinating road authority may by notice published in the Government Gazette name or change the name of a road. (9) The relevant coordinating road authority must in exercising a power under subsection (8)— (a) act in accordance with the guidelines in force for the time being under the **Geographic Place Names Act 1998**; and (b) advise the Registrar under that Act of the action it has taken under subsection (8). S. 11(10) amended by Nos 28/2009 s. 55(1), 30/2021 s. 29(1), 25/2025 s. 106(Sch. 1 item 38.2). (10) Subject to subsection (10A), if a road authority— (a) declares a road; or (b) names or changes the name of a road; or (c) creates or discontinues a road— the road authority must inform the Secretary or a person nominated in a notice published in the Government Gazette for the purposes of this section by the Secretary. S. 11(10A) inserted by No. 28/2009 s. 55(2), amended by Nos 49/2019 s. 183(Sch. 3 item 5), 30/2021 s. 29(2), 25/2025 s. 106(Sch. 1 item 38.2). (10A) If a road is discontinued by the Head, Transport for Victoria under section 12 and the Head, Transport for Victoria is not the coordinating road authority for the road, the relevant coordinating road authority must, on receiving notice from the Head, Transport for Victoria of the discontinuance under section 12, inform the Secretary or a person nominated in a notice published in the Government Gazette for the purposes of this section by the Secretary. (11) This section is to be construed as being in addition to, and not in derogation from, any other manner in which land may be dedicated as a public highway by or under any other Act or the common law. (12) A notice under this section is not a subordinate instrument for the purposes of the **Interpretation of Legislation Act 1984**.