37Which road authority is the responsible road authority?

37 Which road authority is the responsible road authority?

S. 37(1) amended by Nos 39/2004 s. 265(1), 70/2012 s. 6(1), 8/2019 s. 133(1), 18/2020 s. 144(1).

(1) Subject to sections 15 and 16 and subsections (1A), (1B), (1C), (1D), (1E), (1F) and (2), the responsible road authority is—

S. 37(1)(a) amended by No. 49/2019 s. 183(Sch. 3 item 15(a)).

(a) if the road is a freeway, for the whole of the road reserve, the Head, Transport for Victoria;

(b) if the road is an arterial road—

S. 37(1)(b)(i) amended by No. 49/2019 s. 183(Sch. 3 item 15(a)).

(i) for the part of the roadway used by through traffic, the Head, Transport for Victoria; and

(ii) for any part of the roadway not used by through traffic, the municipal council of the municipal district in which that part is located; and

(iii) for any service road, the municipal council of the municipal district in which the service road is located; and

(iv) for the median strip between the roadway and the service road, the municipal council of the municipal district in which the median strip is located; and

(v) for any pathway, other than a pathway on a freeway road reserve, the municipal council of the municipal district in which the pathway is located; and

(vi) for the roadside in an urban area, the municipal council of the municipal district in which the road is located; and

S. 37(1)(b)(vii) amended by No. 49/2019 s. 183(Sch. 3 item 15(a)).

(vii) for the roadside in an area that is not an urban area, the Head, Transport for Victoria; and

(viii) which is not located in a municipal district, the person or body specified for the purposes of subparagraphs (ii) to (vi) by the Minister in a notice published in the Government Gazette;

(c) if the road is a non-arterial State road, the person or body prescribed in respect of the non-arterial State road or in respect of a class of roads in which the non-arterial State road is included; or

(d) if the road is a non-arterial State road and no person or body is prescribed in respect of the non-arterial State road—

S. 37(1)(d)(i) amended by No. 49/2019 s. 183(Sch. 3 item 15(a)).

(i) if the Head, Transport for Victoria declares by a notice published in the Government Gazette that the Head, Transport for Victoria is the responsible road authority in respect of the non‑arterial State road, the Head, Transport for Victoria; or

(ii) if the non-arterial State road is on land administered under the Crown Land (Reserves) Act 1978, the Forests Act 1958, the , the or the , the person or body specified in or in accordance with that Act in respect of the non-arterial State road; or