12Discontinuance of roads

12 Discontinuance of roads (1) A road can be discontinued in accordance with this section. S. 12(2) substituted by No. 28/2009 s. 56(1). (2) The following persons may, by notice published in the Government Gazette, discontinue a road or part of a road— (a) the coordinating road authority for the road or part of the road; S. 12(2)(b) amended by No. 49/2019 s. 183(Sch. 3 item 6). (b) if the Head, Transport for Victoria is not the coordinating road authority for the road or part of the road, the Head, Transport for Victoria with the consent, in writing, of the relevant coordinating road authority. S. 12(3) amended by No. 28/2009 s. 56(2). (3) If a road is discontinued and the land is not Crown land, the land vests in the discontinuing body. S. 12(4) amended by No. 28/2009 s. 56(3). (4) Subject to subsection (11), the discontinuing body must— (a) publish a public notice stating that submissions in respect of the proposed discontinuance of the road specified in the public notice will be considered in accordance with this section; and S. 12(4)(b) amended by No. 28/2009 s. 56(3). (b) give a copy of the public notice to each infrastructure manager which is responsible for any infrastructure, of which the discontinuing body is aware, installed in, on, under or over the road. S. 12(5) amended by No. 28/2009 s. 56(4). (5) The discontinuing body must consider any written submission which is received by the discontinuing body within 28 days after the publication of the public notice under subsection (4). S. 12(6) amended by No. 28/2009 s. 56(5). (6) Any person who has made a written submission to the discontinuing body and requested that the person be heard in support of the written submission is entitled to appear in person or by a person acting on behalf of that person at a meeting with the discontinuing body. S. 12(7) amended by No. 28/2009 s. 56(6). (7) The discontinuing body must— (a) fix the day, time and place of the meeting for the purpose of subsection (6); and (b) give reasonable notice of the day, time and place of that meeting to every person who has lodged a separate submission and in the case of a submission lodged on behalf of a number of persons, to the person specified in the submission as the person to whom notice is to be given. S. 12(8) amended by No. 28/2009 s. 56(7). (8) The discontinuing body must take into consideration all the submissions made under this section. S. 12(9) amended by No. 28/2009 s. 56(8). (9) If subsection (4)(b) applies, the discontinuing body must have regard to the works and infrastructure management principles. S. 12(10) amended by No. 28/2009 s. 56(9)(a). (10) After the discontinuing body has made a decision, the discontinuing body must notify in writing— (a) every person who has lodged a separate submission; and S. 12(10)(b) amended by No. 28/2009 s. 56(9)(b). (b) in the case of a submission lodged on behalf of a number of persons, to the person specified in the submission as the person to whom notice is to be given; and S. 12(10)(c) inserted by No. 28/2009 s. 56(9)(c), amended by No. 49/2019 s. 183(Sch. 3 item 6). (c) if the decision to discontinue is made by the Head, Transport for Victoria under a consent under subsection (2)(b), the coordinating authority for the road— of the decision and the reasons for the decision. (11) Subsections (4) to (10) do not apply in respect of a proposed discontinuance if an exemption— (a) specified by the regulations applies; or S. 12(11)(b) amended by No. 17/2009 s. 13(3)(a). (b) is given by the relevant Minister by a notice published in the Government Gazette which specifies the specific proposed discontinuance or which specifies a class of cases which includes the proposed discontinuance. S. 12(12) inserted by No. 28/2009 s. 56(10). (12) In this section, ***discontinuing body*** means— (a) if a consent under subsection (2)(b) has not been given, the relevant coordinating road authority for the road; or S. 12(12)(b) amended by No. 49/2019 s. 183(Sch. 3 item 6). (b) if consent has been given under subsection (2)(b), the Head, Transport for Victoria.