132Regulations

132 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) Without limiting the generality of subsection (1), the regulations may make provision for or with respect to— (a) excluding or removing persons, animals or vehicles from roads or other property owned or occupied by a road authority; S. 132(2)(ab) inserted by No. 93/2009 s. 28(1). (ab) removing or relocating from a road or other property owned or occupied by a road authority any thing that poses or may pose a risk to the safety of road users or the community; (b) prohibiting or regulating parking on a road or road reserve; (c) prescribing the persons permitted to leave vehicles standing on a road, road reserve or ancillary area and the periods for which and the conditions under which the vehicles may be left standing; (d) the placing by persons of refuse, rubbish or other materials on a road, road reserve or ancillary area or other property owned or occupied by a road authority and the recovery from those persons of the cost of removal of the refuse, rubbish or other materials; (e) excavations on, or digging up of, a road reserve or ancillary area and the recovery of the cost of rectification; (f) noise and other emissions from a road or road reserve; S. 132(2)(g) substituted by No. 110/2004 s. 20(a). (g) regulating the conduct of anyone in or on any land or premises, or vehicle, owned or under the control of a road authority, or on a public road or in a construction zone; S. 132(2)(h) amended by No. 110/2004 s. 20(b). (h) preventing interference with or damage to a roadway, pathway, road reserve, construction zone, ancillary area or infrastructure on a road; (i) the removal of dead animals or of vehicles abandoned or left standing on a road and the recovery of the cost of removal and regulating the storage and disposal of vehicles abandoned or left standing and the passing of title therein; (j) prohibiting or regulating the use of a road by vehicles having a specified mass or dimension (including axle load) or of a specified type or having specified characteristics; S. 132(2)(k) amended by No. 110/2004 s. 20(c). (k) the protection of roads, construction zones and infrastructure on roads; (l) regulating or prohibiting the construction of hoardings or the placing and exhibition of advertisements on or in the vicinity of roads; (m) keeping a roadway or pathway clear of vegetation and other things which may interfere with the use of the roadway or pathway; (n) regulating or prohibiting the complete or partial removal of, or damage to, a plant growing in a road reserve or the seeds of the plant; S. 132(2)(na) inserted by No. 93/2009 s. 28(2). (na) controlling or removing vegetation, whether growing or dead, in a road reserve that may pose a risk to the safety of road users or the community; (o) prohibiting or regulating the taking or riding of an animal on a road or road reserve; S. 132(2)(p) amended by No. 49/2019 s. 183(Sch. 3 item 36). (p) preventing a municipal council from sealing, or causing to be sealed, a plan of subdivision of land abutting an existing or proposed freeway or controlled access road except with the written consent of the Head, Transport for Victoria; (q) the manner of entering, crossing or leaving a freeway or controlled access road; (r) preventing obstructions and removing vehicles on a freeway or arterial road and the recovery of the cost of prevention or removal; (s) prohibiting climbing, or prohibiting or regulating jumping or rappelling, on, from or onto, a bridge on or over a freeway or arterial road; (t) regulating the use of road reserves and requiring the payment of charges approved by the Minister to be paid by persons using road reserves or facilities provided on road reserves; S. 132(2)(ta) inserted by No. 93/2009 s. 28(3). (ta) coordinating the use of a road reserve if 2 or more of any of the following have road management functions in relation to the road reserve— (i) a road authority; (ii) a utility; (iii) a provider of public transport; (iv) an infrastructure manager; (v) a works manager; (u) regulating or prohibiting specific types of traffic on a freeway, including regulating or prohibiting the movement of vehicles and activities associated with vehicles or the carriage of specified goods by vehicles; (v) generally any matter relating to the control, management and proper use of roads; S. 132(2)(w) amended by No. 110/2004 s. 20(d). (w) specifying an offence under the regulations to be a road management infringement and stating the penalty for that road management infringement; S. 132(2)(x) inserted by No. 110/2004 s. 20(e). (x) conferring a right of appeal or review to a specified court or tribunal against any decision of a road authority under the regulations and prescribing the procedures to be followed in relation to those appeals or reviews. (3) Subject to subsections (4) and (5), regulations made under this Act may provide for— (a) exemptions from requirements under this Act to obtain consent from a coordinating road authority; (b) exemptions from requirements under this Act to give notice to a coordinating road authority; (c) restrictions on the powers of a coordinating road authority to impose conditions on any consent; S. 132(3)(ca) inserted by No. 17/2009 s. 24(1). (ca) circumstances in which, or conditions subject to which, the powers of a coordinating road authority to impose conditions on any consent may be exercised; (d) the variation of the period within which notice of completion of works is to be given under clause 13 of Schedule 7; (e) a period of business days for the purposes of clause 17 of Schedule 7. (4) The objective of Regulations to be made under this Act for the purposes of subsection (3) is to— (a) establish a process for the exercise of powers in respect of the management of infrastructure and works on road reserves which is consistent with the works and infrastructure management principles; (b) provide for the exemption from consent requirements of classes of infrastructure and works which do not have significant impacts on road safety, traffic or other infrastructure. S. 132(5) amended by No. 17/2009 s. 11(7), substituted by No. 34/2023 s. 36. (5) Before regulations are made under this Act for the purposes of subsection (3), the Minister must ensure that there is consultation with— (a) any road authority, utility or provider of public transport that is likely to be materially affected by the regulations to be made; or (b) as the case requires, a body or bodies that represent the interests of any road authority, utility or provider of public transport that is likely to be materially affected by the regulations to be made. S. 132(5A) inserted by No. 34/2023 s. 36. (5A) Regulations made under this section are not invalidated by reason only of a failure to comply with the requirement under subsection (5). (6) A power conferred by this Act to make regulations may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and (b) so as to make, as respects the cases in relation to which it is exercised— (i) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or (ii) any such provision either unconditionally or subject to any specified condition. (7) Regulations made under this Act may be made— (a) so as to apply— (i) at all times or at a specified time; or (ii) throughout the whole of the State or in a specified part of the State; or (iii) as specified in both subparagraphs (i) and (ii); and (b) so as to require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or body or a specified class of persons or bodies; and (c) so as to apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— (i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time; and S. 132(7)(d) amended by No. 17/2009 s. 13(3)(a). (d) so as to leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a road authority or a relevant Minister; and (e) so as to confer powers or impose duties in connection with the regulations on a road authority; and (f) so as to apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act as in force at a particular time; and (g) so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from specified provisions of this Act and any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and (h) so as to impose a penalty not exceeding 20 penalty units for a contravention of the regulations. (8) If under subsection (7)(c)(iii) a regulation has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or method is at any time amended, until the Minister causes notice to be published in the Government Gazette of that amendment, the document, code, standard, rule, specification or method is to be taken to have not been so amended. (9) A power conferred by this Act to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters— (a) specific fees; (b) maximum or minimum fees; (c) maximum and minimum fees; (d) scales of fees according to the value of goods or services provided for the fees; (e) the payment of fees either generally or under specified conditions or in specified circumstances; (f) the reduction, waiver or refund, in whole or in part, of the fees. (10) If under subsection (9)(f) regulations provide for a reduction, waiver or refund, in whole or in part, of a fee, the reduction, waiver or refund may be expressed to apply either generally or specifically— (a) in respect of certain matters or transactions or classes of matters or transactions; or (b) in respect of certain documents or classes of documents; or (c) when an event happens; or (d) in respect of certain persons or classes of persons; or (e) in respect of any combination of matters, transactions, documents, events or persons— and may be expressed to apply subject to specified conditions or in the discretion of any specified person or body. S. 132(10A) inserted by No. 51/2014 s. 9(Sch. 2 item 15.3). (10A) Any regulations made under this Act for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles. (11) For the purposes of this section and any regulations made under this section, ***road*** includes a road which is being constructed. (12) Subject to subsection (13), regulations made under this section may revoke the Transport (Roads and Property) Regulations 1993 (S.R. No. 268/1993). (13) If the Transport (Roads and Property) Regulations 1993 have not been revoked before 20 December 2004, the Transport (Roads and Property) Regulations 1993 are revoked on 1 January 2005 and section 5 of the **Subordinate Legislation Act 1994** does not apply to the Transport (Roads and Property) Regulations 1993.