14Power of Head, Transport for Victoria to make declarations in respect of roads

14 Power of Head, Transport for Victoria to make declarations in respect of roads S. 14(1) amended by No. 49/2019 s. 183(Sch. 3 item 9(a)). (1) The Head, Transport for Victoria may by a notice published in the Government Gazette— (a) declare a road to be a freeway or an arterial road; or (b) declare a road to be a non-arterial State road or a municipal road; or S. 14(1)(c) substituted by No. 81/2006 s. 53. (c) amend or revoke a declaration under this section. (2) A declaration under this section— (a) may be included in the notice in which the declaration under section 11 is made; and (b) may fix the boundaries of the road in accordance with section 13. S. 14(3) amended by No. 49/2019 s. 183(Sch. 3 item 9(b)). (3) For the purposes of subsection (1)(a), the Head, Transport for Victoria must consider if the road— (a) provides a principal route for the movement of people and goods— (i) between major regions of the State; or (ii) between major centres of population or between major metropolitan activity centres; or (iii) to major transport terminals; or (iv) across or around cities; or (b) is a major route for public transport services; or (c) has State-wide economic or tourism significance; or (d) provides necessary connections between arterial roads. S. 14(4) amended by No. 49/2019 s. 183(Sch. 3 item 9(b)). (4) Subject to subsection (6), the Head, Transport for Victoria must give a notice in accordance with subsection (5) to— (a) each municipal council in whose municipal district the road is situated; (b) if the relevant road authority is not a municipal council, to the relevant road authority; S. 14(4)(c) amended by No. 49/2019 s. 183(Sch. 3 item 9(b)). (c) each infrastructure manager that has infrastructure, of which the Head, Transport for Victoria is aware, installed in, on, under or over the road. (5) The notice must— (a) specify details of the proposed declaration or revocation; and S. 14(5)(b) amended by No. 49/2019 s. 183(Sch. 3 item 9(b)). (b) allow at least 28 days after the day on which the notice is given for the making of a submission to the Head, Transport for Victoria on the proposed declaration or revocation. S. 14(6) amended by Nos 70/2013 s. 4(Sch. 2 item 43.1), 49/2019 s. 183(Sch. 3 item 9(b)), 25/2025 s. 106(Sch. 1 item 38.3). (6) If the Head, Transport for Victoria proposes to make a declaration under this section in respect of a road on land reserved under the **Crown Land (Reserves) Act 1978** or land administered under the **Forests Act 1958** or the **National Parks Act 1975**, the Head, Transport for Victoria must consult with the Secretary to the Department of Energy, Environment and Climate Action. S. 14(7) amended by No. 49/2019 s. 183(Sch. 3 item 9(b)). (7) If a municipal council or road authority is aggrieved by the decision of the Head, Transport for Victoria after the Head, Transport for Victoria has considered any submissions under subsection (5), the municipal council or road authority may within 21 days of being notified of the decision of the Head, Transport for Victoria appeal to the Minister. S. 14(8) amended by No. 49/2019 s. 183(Sch. 3 item 9(b)). (8) If the Head, Transport for Victoria revokes a declaration made under this section— S. 14(8)(a) amended by No. 49/2019 s. 183(Sch. 3 item 9(b)). (a) the Head, Transport for Victoria must— (i) make a further declaration under subsection (1) in respect of the road; or (ii) specify in the notice of revocation that the road is a non-arterial State road; or (iii) specify in the notice of revocation that the road is a municipal road; or (iv) discontinue the road as a road in accordance with section 12; S. 14(8)(b) amended by No. 49/2019 s. 183(Sch. 3 item 9(b)). (b) the Head, Transport for Victoria may specify in the notice of revocation that the road ceases to be a public road; S. 14(8)(c) amended by No. 49/2019 s. 183(Sch. 3 item 9(b)). (c) the Head, Transport for Victoria may specify in the notice of revocation that the classification of the public road has been changed to the classification stated in the notice. (9) A notice under this section is not a subordinate instrument for the purposes of the **Interpretation of Legislation Act 1984**. S. 14A inserted by No. 48/2024 s. 48. 14A Project authority under Major Transport Projects Facilitation Act 2009 may revoke or declare a road classification of a road within a project area (1) Despite anything to the contrary in this Act, a project authority, by notice published in the Government Gazette, may, for the purposes of an approved project, do any one or more of the following— (a) revoke a declaration under section 14(1)(a) or (b) of any freeway, arterial road, non-arterial State road or municipal road in the project area for the approved project; (b) declare that a non-arterial State road in the project area for the approved project that has been declared under section 11 by a State road authority (other than the Head, Transport for Victoria), ceases to be a non-arterial State road; (c) declare that a municipal road in the project area for the approved project ceases to be a municipal road. (2) The project authority must also do one of the following in respect of a road the subject of a notice under subsection (1)— (a) in the notice, further declare the road to be— (i) a freeway; or (ii) an arterial road; or (iii) a non-arterial State road; or (iv) a municipal road; (b) in the notice, further declare that the road ceases to be a public road; (c) as soon as practicable, discontinue the road in accordance with section 186A of the **Major Transport Projects Facilitation Act 2009**. (3) A notice under this section takes effect— (a) on the day the notice is published in the Government Gazette; or (b) if a later date is specified in the notice, on that date. (4) In this section, ***approved project***, ***project area*** and ***project authority*** have the same meaning as in the **Major Transport Projects Facilitation Act 2009**. S. 15 (Heading) substituted by No. 81/2006 s. 54(1).