VICIn ForceAct
Road Management Act 2004
48EOnly one offence committed 88
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48E Only one offence committed 88
48EA Notification by responsible road authority, infrastructure manager or works manager 89
48EB Notification by works contractor 90
48EC Notification by rail transport operator 91
48F Notification of road authorities before railway operations carried out 92
48G Certain offences in this Division are indictable offences 93
Division 4B—Specific provisions relating to bus stop infrastructure and tram stop infrastructure 93
48H Definitions 93
48I Application of Division 95
48J Powers of relevant authority 95
48K Offence in relation to removal, demolition or relocation 96
48L Resolution of disputes 97
48M Guidelines 97
48N Information to be provided by a municipal council 97
48O Consent of relevant authority required to install, attach or affix rubbish bin or cigarette disposal unit 98
48P Power of Head, Transport for Victoria to remove rubbish bin or cigarette disposal unit installed, attached or affixed without consent 98
Division 5—Road management plans 99
49 The making of a road management plan is voluntary 99
50 Purposes of a road management plan 99
51 Standards may be included in a road management plan 99
52 Contents of a road management plan 100
53 Power to apply, adopt or incorporate 102
54 Procedure for making or amending a road management plan 103
55 Availability of road management plan 104
Division 6—Development contributions 105
56 Development contribution 105
57 Review of required payments 106
58 State road authority may require further payment or refund excess 107
59 When payment is due 108
Part 5—Protection of roads 110
Division 1—Offences 110
60 Offences in relation to unauthorised access to roads 110
61 Offence to fail to comply with direction 111
62 Obstruction of road 111
63 Interference with a road 112
64 Failure to give notice 114
65 Compliance with conditions of written consent 114
Division 2—Controls on advertising, signs and bills on roads and road infrastructure 115
66 Written consent required for placing of specified things on a road or road infrastructure 115
67 Advertiser must disclose name of distributor 115
68 Distributor must disclose name of depositor 116
69 Person must remove structure, device, hoarding, advertisement, sign or bill if requested to do so 116
70 Court may order removal of structure, device, hoarding, advertisement, sign or bill 117
Division 3—Authorised officers 118
71AA Definition 118
71 Authorised officers 119
72 Authorised officer's identity card 121
73 Production of identity card 122
74 General powers of authorised officers 122
75 Power to enter upon any land 122
76 Power to obtain name and address 123
77 Requirement to assist authorised officer during entry 124
78 Assistance of police officer 124
79 Offence for failure to give name and address 124
80 Refusal or failure to comply with requirement or direction 124
81 Protection against self-incrimination 124
82 Offence to give false or misleading information 125
83 Offence to hinder or obstruct authorised officer 125
84 Offence to impersonate authorised officer 125
85 Entry to be reported to the appointing entity 125
86 Register of exercise of powers of entry 126
87 Complaints 126
88 Service of documents 126
89 Confidentiality 127
Division 4—Enforcement 127
90 Power to serve road management infringement notice 127
96 Institution of proceedings for offences 128
Part 6—Civil liability 130
Division 1—General 130
97 Definitions 130
98 Effect of this Part 130
Division 2—Negligence 130
99 Application of Division 130
100 Application of Part XII of Wrongs Act 1958 130
101 Principles concerning performance of road management functions 131
102 Limitations on liability of road authority 132
103 Policy defence 133
104 Liability where duty to perform and discretionary power to remedy 134
105 Defence to prove that reasonable care was taken 134
106 Matters which may be considered to constitute contributory negligence 135
Division 3—Other liability 136
107 Liability of road authority 136
108 Road authority is not liable as an occupier 136
109 Liability in relation to fencing 136
110 Limits in relation to liability for property damages 137
111 Indexation provision 138
Division 4—Liability of persons other than road authorities 140
112 Right to recover for damage to road 140
113 Duty of owner or occupier of adjoining land 141
Division 5—Claims procedure 142
114 Purpose of Division 142
115 Notice of incident 142
116 Preparation of condition report 143
Part 7—General 145
117 Power of Ministers to delegate 145
118 Power of road authority to delegate 145
119 Power of the Head, Transport for Victoria to perform road management functions on roads 146
119A Removal of stationary vehicles 146
119B Removal of abandoned property 148
120 Power of road authority to perform road management functions on arterial road 148
121 Agreement to conduct additional works 148
122 Power to charge fees 149
123 Power to charge for services 149
124 Evidentiary provisions 150
125 Resolution of disputes 151
126 Review of decision 152
127 Compensation payable by a road authority in certain circumstances 152
128 Abrogation of obsolete common law road classifications 153
129 Partial abrogation of "ratione tenure" rule 153
130 Obstruction of navigable rivers 154
132 Regulations 154
133 Application of regulations to Link road and Extension road 163
133A Application of regulations to EastLink 164
133B Application of regulations to Peninsula Link Freeway 165
133C Application of regulations to West Gate Tunnel tollway 165
133D Application of regulations to North East Link road 166
134 Application of Act in respect of the Link road and Extension road 167
134AA Application of Schedule 7 in respect of the Link road and the Extension road 169
134A Application of Act in respect of the EastLink and EastLink Corporation 171
134B Application of Schedule 7 in respect of the EastLink 173
134C Peninsula Link Freeway Corporation 175
134D Application of Act in respect of the Peninsula Link Freeway and the Peninsula Link Freeway Corporation 176
134E Application of Schedule 7 in respect of the Peninsula Link Freeway 178
134F Application of Act in respect of the West Gate Tunnel tollway and the West Gate Tunnel Corporation 180
134G Application of Schedule 7 in respect of the West Gate Tunnel tollway 182
134H Application of Act in respect of the North East Link road and the North East Link State Tolling Corporation 184
134I Application of Schedule 7 in respect of the North East Link road 186
135 Transitional and savings provisions 188
135A Acquisition of certain land for the Alphington link 188
135B Cultural and Recreational Lands Act 1963 188
Part 8—Transitional provisions—Transport Legislation Amendment Act 2019 189
136 Definitions 189
137 Application of Interpretation of Legislation Act 1984 189
138 Things done by VicRoads as a road authority before commencement day 189
139 Things commenced but not completed by VicRoads as a road authority before commencement day 190
140 Superseded references 191
141 Authorised officers authorised by VicRoads continue to be authorised officers 191
Schedules 192
Schedule 1—Registers of public roads 192
Schedule 2—Management of road access 194
Schedule 3—Specific powers of State road authorities 200
Schedule 4—Specific traffic management powers of State road authorities 205
Schedule 5—Road property provisions, powers and duties 211
Schedule 5A—Specific provisions relating to the M1 Redevelopment Project 221
Schedule 6—Specific protection of roads and adjoining land powers of State road authorities 259
Schedule 7—Infrastructure and works on roads 263
Schedule 7A—Street lighting 278
Schedule 8—Road management infringements 281
Schedule 9—Transitional and savings provisions 282
Schedule 10—Further transitional and savings provisions and other provisions 285
Endnotes 287
1 General information 287
2 Table of Amendments 290
3 Explanatory details 297
**Version No.** **067**
**Road Management Act 2004**
**No. 12 of 2004**
Version incorporating amendments as at
**The Parliament of Victoria enacts as follows:**