134Application of Act in respect of the Link road and Extension road

134 Application of Act in respect of the Link road and Extension road (1) This Act applies in respect of the Link road and the Extension road in accordance with this section and section 134AA. (2) Subject to this section, the Link corporation is, in respect of the Link road and the Extension corporation is, in respect of the Extension road, the coordinating road authority for the purposes of sections 19, 48(3) and 63(1) and clauses 7, 12 and 13 and Part 2 of Schedule 7. (3) Subject to subsection (2) and section 134AA, the Head, Transport for Victoria has the powers and functions of a coordinating road authority in respect of the Link road if so requested by the Link corporation and in respect of the Extension road if so requested by the Extension corporation. (4) The functions and powers of an authorised officer appointed by the Secretary extend in respect of the Link road if so requested by the Link corporation in accordance with an arrangement between the Link corporation and the Secretary. (5) The functions and powers of an authorised officer appointed by the Secretary extend in respect of the Extension road if so requested by the Extension corporation in accordance with an arrangement between the Extension corporation and the Secretary. (6) A direction to the Link corporation or the Extension corporation under section 22 must not be inconsistent with the **Melbourne City Link Act 1995** or the Agreement or the Extension Agreement (as the case requires). (7) A Code of Practice under section 28 in its application to the Link corporation or the Extension corporation must not be inconsistent with the **Melbourne City Link Act 1995** or the Agreement or the Extension Agreement (as the case requires). (8) A determination under section 41 must not be inconsistent with the **Melbourne City Link Act 1995** or the Agreement or the Extension Agreement. (9) Section 66 does not apply to the Link road or the Extension road if the placing of the structure, device, hoarding, advertisement, sign or bill is permitted under the **Melbourne City Link Act 1995** or the Agreement or the Extension Agreement (as the case requires). (10) Section 96 applies to the Link road and the Extension road as if the Head, Transport for Victoria were the relevant road authority. (11) Sections 11, 12, 13, 14, 15, 18, 36, 38(1)(d), 39, 105(3), 118, 119, 120, 123 and 127 and clauses 2 and 3 of Schedule 2 and clauses 1, 2, 3, 5, 8, 9, 11 and 12 of Schedule 5 do not apply to the Link road or the Extension road or the Link corporation or the Extension corporation. (12) Clauses 1, 4, 5, 6, 7, 9, 10, 11, 12, 13 and 14 of Schedule 4 apply to the Link corporation in respect of the Link road as if the Link corporation were the responsible State road authority. (13) Clauses 1, 4, 5, 6, 7, 9, 10, 11, 12, 13 and 14 of Schedule 4 apply to the Extension corporation in respect of the Extension road as if the Extension corporation were the responsible State road authority. (14) Clause 10(1) of Schedule 5 applies to the Link road or the Extension road as if the reference to infrastructure did not include road-related infrastructure installed in accordance with the Agreement or the Extension Agreement (as the case requires). (15) The power to— (a) cause to be removed, destroyed or blocked a means of access to a freeway constructed, formed or laid out without the consent of the road authority; and (b) cause to be erected and maintained, fences, posts or other obstructions along a freeway or along or across an entrance, approach or means of access to a freeway for the purpose of preventing access to a freeway— which is conferred on the Head, Transport for Victoria in relation to a freeway is conferred on the Link corporation in respect of the Link road and the Extension corporation in respect of the Extension road. S. 134AA inserted by No. 8/2019 s. 141. 134AA Application of Schedule 7 in respect of the Link road and the Extension road (1) Schedule 7 applies in respect of the Link road and the Extension road as modified by this section. (6) For the purposes of this clause, work is not routine maintenance and inspection work if it requires traffic management measures in order to be conducted safely.". "(1A) The Link corporation and the Extension corporation must have regard to the principles specified in this clause in the provision of road infrastructure.". "(2) The Link road and the Extension road must be managed as far as is reasonably practicable in such a way as to minimise any adverse effects on— (a) the use of the Link road or the Extension road by members of the public; and (b) the provision of services by a Utility.". (j) ensure that the non-road infrastructure is reinstated as nearly as practicable to the condition existing before the works necessary for the provision of the road infrastructure were conducted.". (6) Clause 16(5) applies as if the reference to the works and infrastructure management principles were a reference to clause 14(2). "(8A) Conditions to which a consent is given under this clause may require an applicant to compensate the Link corporation or the Extension corporation for economic loss, subject to compliance with any prescribed requirements for the negotiation and resolution of disputes in relation to compensation, but must not require the applicant to pay any form of penalty.". "(4A) A Code of Practice applying to the Link road or the Extension road must not be inconsistent with the **Melbourne City Link Act 1995** or the Agreement or the Extension Agreement (as the case requires).". S. 134A (Heading) amended by No. 95/2005 s. 13(2)(e)(f). S. 134A inserted by No. 39/2004 s. 275.