Sch 6Specific protection of roads and adjoining land powers of State road authorities

Schedule 6—Specific protection of roads and adjoining land powers of State road authorities 1 Exercise of powers in relation to private roads (1) A State road authority may at its discretion exercise any of its powers with respect to roads in relation to a private road— (a) with the agreement of the owner of, or person responsible for, the private land; or (b) if the State road authority has reasonable grounds for considering that it is necessary or desirable to do so in the interests of public safety or for environmental reasons. (2) A State road authority may charge a reasonable amount for any works conducted under this clause. 2 Power concerning holes and other dangers (a) fill any hole or excavation in or near a road; (b) remove any cause of possible damage to a road, or of danger to anyone or anything using the road; (c) erect or restore any fence near any hole or excavation that is near a road; (d) require a person to do any of the things listed in paragraphs (a), (b) and (c). 3 Power in respect of neighbouring land (1) A coordinating State road authority may exercise the power conferred by this clause in any case where the coordinating State road authority considers that— (a) the condition of land near a road may adversely affect— (i) the safety of users of the road; or (ii) the structural integrity of any part of the road; or (b) a thing on land near a road constitutes a danger to persons or vehicles lawfully entitled to use the road. (2) Without limiting the generality of subclause (1), the condition of land near a road is to be taken to adversely affect the safety of users of the road if— (a) the condition of the land may obscure the field of view of users of the road; or (b) the condition may distract the attention of a driver of a vehicle on the road. (3) If this clause applies, the coordinating State road authority may serve a notice on the owner or occupier of the land to remove, mitigate or rectify the condition or thing specified in the notice. (4) Without limiting the generality of the power, the power includes directing— (a) the removal of overhanging trees or other encroachments on air space over a road; (b) that the landform of the land be altered; (c) that measures be taken to reduce the flow of water onto a road, including the removal of levee banks or other constructed features that have altered the natural flow of water; (d) that the risk of materials coming onto the road from the land be reduced; (e) that excavations on the land are to be filled; (f) that fences are erected, lights are installed or other measures taken with respect to hazards on the land; (g) the removal of a hoarding or sign; (h) the removal or modification of specified traffic hazards; (i) that rectification works specified in the notice be conducted within the time specified. Section 61 provides that it is an offence to fail to comply with a direction without reasonable excuse. 4 Power of State road authority to take remedial action (1) Subject to this Act, a State road authority may enter any land to which clause 3 applies for the purpose of exercising powers under that clause if— (a) the owner or occupier has not complied with a direction under that clause; or (b) the State road authority considers that there is an emergency or that the works are required urgently to ensure public safety, the structural integrity of the road or the movement of traffic on the road. Sch. 6 cl. 4(2) amended by No. 49/2019 s. 183(Sch. 3 item 47(a)). (2) The Head, Transport for Victoria may— Sch. 6 cl. 4(2)(a) amended by No. 49/2019 s. 183(Sch. 3 item 47(b)). (a) cause to be removed, destroyed or blocked any means of access to or from a freeway constructed, formed or laid out without the consent of the Head, Transport for Victoria; and (b) cause to be erected and maintained fences, posts or other obstructions along any part of a freeway or along or across any entrance, approach or means of access thereto for the purpose of preventing access to the freeway. (3) The relevant coordinating State road authority may cause to be removed, destroyed or blocked any access points on a controlled access road constructed without the consent of the relevant coordinating State road authority. 5 Power to take actions to secure structural integrity of road Without limiting the powers conferred by clauses 3 and 4, a State road authority may construct, install and maintain structures or works on any land near a road for the purpose of ensuring the structural integrity of the road. Schedule 7—Infrastructure and works on roads Part 1—Specific duties of infrastructure managers or works managers 1 Duty to apply principles An infrastructure manager or works manager must have regard to the principles in clause 14 in the performance of its functions or the exercise of powers in the provision of non-road infrastructure on roads. 2 Duty to act in accordance with good engineering practice or relevant industry standard An infrastructure manager or works manager must in installing non-road infrastructure and conducting related works apply good engineering practice and relevant industry standards. 3 Duty to have traffic management plan An infrastructure manager or works manager must comply with— (a) any requirements in relation to the safety of road users; and (b) section 99A of the **Road Safety Act 1986**. 4 Duty to cooperate An infrastructure manager or works manager must cooperate in good faith with any other infrastructure manager or works manager in coordinating the management and maintenance of infrastructure and related works on a road. 5 Duty to avoid unnecessary delay or obstruction or interference with infrastructure An infrastructure manager or works manager must— (a) if practicable, use methods which do not involve excavating or breaking up the surface of a roadway or pathway or interfering with infrastructure in preference to methods that do; (b) if it is necessary to excavate or break up the surface of a roadway or pathway, the works should be conducted— (i) at a time and in a manner to minimise as far as is reasonably practicable inconvenience to road users and other persons; and (ii) so as to minimise long term damage or disruption; (c) as far as is practicable, reinstate at its own cost the roadway or pathway or infrastructure to the standard before the works were commenced. 6 Duty to maintain non-road infrastructure or related works to a satisfactory standard An infrastructure manager must take reasonable measures to— (a) maintain the non-road infrastructure or related works to a satisfactory state of repair; (b) avoid causing damage to the roadway, road infrastructure or non-road infrastructure; (c) repair any damage caused to the roadway, road infrastructure or non-road infrastructure by a failure of infrastructure for which the infrastructure manager is responsible; (d) take reasonable precautions to ensure that anything placed on a roadway or pathway does not cause an obstruction or inconvenience; (e) take reasonable precautions to ensure that anything placed on a roadway or pathway does not cause an obstruction or danger to any person with a disability; (f) in the case of any part of a road used for rail infrastructure, ensure that the condition of the surface is maintained to a standard which is equivalent to the standard of the adjacent road surface. Example to Sch. 7 cl. 6 amended by No. 17/2009 s. 12(13). A road authority, a utility or a provider of public transport which has infrastructure in a road must take care that its pit lids, access hole covers, gratings and similar things are kept flush with the surrounding surface of the roadway or pathway so that they do not cause a hazard or adversely affect the smooth passage of traffic. 7 Duty to give notice to relevant coordinating road authority Sch. 7 cl. 7(1) amended by No. 49/2019 s. 183(Sch. 3 item 48). (1) An infrastructure manager or works manager must give notice to the relevant coordinating road authority of any proposed installation of non-road infrastructure or related works on the road reserve. Sch. 7 cl. 7(1A) inserted by No. 49/2019 s. 183(Sch. 3 item 49). (1A) For the avoidance of doubt, subclause (1) does not apply to an infrastructure manager or works manager which is also the relevant coordinating road authority. (2) Subclause (1) does not apply if the proposed installation of non-road infrastructure or related works are necessary because of an emergency, but the infrastructure manager or works manager must advise the relevant coordinating road authority about the installation of non-road infrastructure or related works as soon as is reasonably practicable. 8 Duty to give notice to other infrastructure manager or works manager (1) Unless subclause (3) or (4) applies, an infrastructure manager or works manager must give notice to any other infrastructure manager or works manager responsible for any non-road infrastructure in the area which could be affected by any proposed installation of infrastructure or related works on a road or the road reserve of any road. (2) The infrastructure manager or works manager must negotiate in good faith so as to minimise any adverse effects on any other non-road infrastructure. (3) Subclause (1) does not apply if the proposed installation of infrastructure or related works are necessary because of an emergency, but the infrastructure manager or works manager must advise any other infrastructure manager or works manager responsible for non-road infrastructure in the area which could be affected about the installation of non-road infrastructure or related works as soon as is reasonably practicable. (4) Subclause (1) does not apply if an exemption under the regulations applies. Notes to Sch. 7 cl. 8 inserted by No. 17/2009 s. 20(5), amended by Nos 22/2013 s. 73, 41/2019 s. 117(Sch. 1 item 11.11). 1 See sections 48EA, 48EB, 48EC and 48F for notification requirements in certain circumstances. 9 Duty to provide information (1) An infrastructure manager responsible for non‑road infrastructure must comply with a request for information from a coordinating road authority, an infrastructure manager or a works manager responsible for existing or proposed road infrastructure or non-road infrastructure which is reasonably required in relation to— (a) the location of any non-road infrastructure; and (b) technical advice or assistance relating to the conduct of any works on that non-road infrastructure in a safe manner. (2) If an infrastructure manager or works manager becomes aware that any infrastructure or works for which another infrastructure manager or works manager is responsible— (a) is not in the location shown in the relevant records; or (b) appears to be in an unsafe condition; or (c) appears to be in need of repair or maintenance— the infrastructure manager or works manager must give that information to the other infrastructure manager or works manager. 10 Duty to consult members of the public (1) This clause applies if an infrastructure manager or works manager is proposing to install non-road infrastructure or conduct related works which are likely to significantly affect— (a) occupiers or owners of property near the road; or (b) a class of road users or another section of the public. (2) If practicable, the infrastructure manager or works manager should conduct appropriate consultation with the persons likely to be significantly affected. 11 Duty to take other reasonable measures to minimise disruption and ensure safety While works are being conducted on a road, the works manager must take all reasonable measures to— (a) minimise disruption to traffic; (b) ensure the safety of the works for road users and adjoining properties; (c) make adequate provision for persons with a disability. 12 Duty to reinstate (1) In completing the works, the works manager must after the works are completed reinstate the roadway, pathway or area of roadside to the standard before the works were commenced— (a) as promptly as is reasonably practicable; and (b) as nearly as is reasonably practicable to an equivalent standard of quality and design; and (c) so as to ensure that any feature to assist persons with a disability is restored. (2) If a works manager (other than a coordinating road authority) has not completed the works as required by this clause, the relevant coordinating road authority may direct the infrastructure manager or works manager to conduct reinstatement works as specified in the direction within the period specified in the direction. (3) If an infrastructure manager or works manager fails to comply with a direction under subclause (2), the relevant coordinating road authority may take measures to ensure the reinstatement works are completed. (4) For the purposes of subclause (3), if but for this clause the conduct of the works would be regulated by another law, the relevant coordinating road authority must ensure that as far as is reasonably practicable the works are conducted by an appropriately qualified person in compliance with that law. (5) The relevant coordinating road authority may recover any costs reasonably incurred under subclause (3) from the infrastructure manager or works manager. 13 Notice of completion of works (1) The works manager must within 7 days of completing any works, including any reinstatement works, notify the relevant coordinating road authority as to the works that have been completed. Sch. 7 cl. 13(1A) inserted by No. 49/2019 s. 183(Sch. 3 item 50). (1A) For the avoidance of doubt, subclause (1) does not apply to a works manager which is also the relevant coordinating road authority. (2) The period of 7 days specified in subclause (1) may be varied by— (a) the relevant coordinating road authority; (b) the regulations. (3) The infrastructure manager must ensure that the works manager has complied with this clause. Note 1 to Sch. 7 cl. 13(3) amended by No. 49/2019 s. 183(Sch. 3 item 51). 1 Section 64 provides that it is an offence to fail to give notice. 2 The Regulations may provide for an exemption from the requirement to give notice: see section 132(3)(b). Part 2—Specific powers of coordinating road authorities with respect to infrastructure and works on roads 14 Principles applying to infrastructure managers and works managers (1) An infrastructure manager or a works manager must have regard to the principles specified in this clause in the provision of non-road infrastructure on roads. (2) The primary purpose of a road is use by members of the public and authorised uses must be managed as far as is reasonably practicable in such a way as to minimise any adverse impacts on the primary purpose. (3) Without limiting the generality of subclause (2), authorised uses must be managed so as to— (a) minimise any damage to roads and road infrastructure; (b) ensure that any works necessary for the provision of non-road infrastructure are conducted as quickly as practicable; (c) minimise any disruption to road users; Sch. 7 cl. 14(3)(ca) inserted by No. 17/2009 s. 14(6). (ca) minimise any disruption to users of different modes of transport which have priority on specified roads; (d) minimise any risk to the safety and property of road users and the public generally; (e) facilitate the design and installation of infrastructure which minimises any risk to the safety of road users; (f) ensure that the road and any other infrastructure is reinstated as nearly as practicable to the condition existing before the works necessary for the provision of the non-road infrastructure were conducted; (g) protect and preserve existing significant roadside vegetation and sites of biological significance within the road reserve. 15 Duties of infrastructure managers and works managers (1) This clause applies to any infrastructure manager or works manager which— (a) is responsible for the provision of any non-road infrastructure on a road reserve; or (b) carries out any works on a road; or (c) exercises any power or function conferred by any other Act or law which affects a road. (2) If an infrastructure manager or works manager is required to comply with a duty or a condition of a consent under this Act, the infrastructure manager or works manager must meet the cost of complying with that duty or condition. (3) The duties set out in this Schedule also apply to any other person who installs infrastructure on a road or conducts works on a road without being authorised to do so. 16 Consent of coordinating road authority (1) A person may apply to the coordinating road authority for written consent to the conduct of proposed works on a road as specified in the application. 1 It is an offence to conduct works on a road unless consent has been obtained or an exemption or other circumstances apply: see section 63. 2 The Regulations may provide for an exemption from a requirement to obtain consent to the conduct of proposed works: see section 132(3)(a). (2) Without limiting the generality of subclause (1), ***proposed works*** includes— (a) installing any infrastructure, erecting any structure or carrying out related activities in, on or over a road; (b) digging or disturbing the surface of a road; (c) removing any infrastructure, structure or other object on a road; (d) pumping water onto a road; (e) erecting any obstruction on a road. (3) If the proposed works affect any non-road infrastructure which is the responsibility of an infrastructure manager or works manager other than the applicant, the application must include the prescribed particulars in relation to the compliance or proposed compliance of the applicant with the relevant requirements of Part 1. (4) If an application for consent is made by an infrastructure manager, the coordinating road authority must consult with the infrastructure manager and the responsible road authority before determining the application. Sch. 7 cl. 16(4A) inserted by No. 49/2019 s. 183(Sch. 3 item 52). (4A) For the avoidance of doubt, the coordinating road authority is not required to consult with the responsible road authority under subclause (4) if the coordinating road authority is also the responsible road authority. (5) A coordinating road authority may having regard to the works and infrastructure management principles— (a) upon an application, give its consent to proposed works; or (b) upon an application, refuse to give its consent to proposed works but consent is not to be unreasonably withheld; or (c) at its initiative without an application, give its consent to proposed works; or (d) give its consent so as to apply to a particular case or class of cases or generally to apply to all cases or to different classes of cases. Example to Sch. 7 cl. 16(5) amended by No. 17/2009 s. 12(14). A municipal council which is a coordinating road authority could give ongoing consent to a utility or a provider of public transport for the placement of an infrastructure item on municipal roads subject to reasonable conditions about the timing of the works to reduce disruption to traffic or the design or placement of infrastructure items of that kind to reduce traffic hazards. (6) A coordinating road authority may, having regard to the works and infrastructure management principles, give its consent subject to any reasonable conditions relating to the conduct of the proposed works which the coordinating road authority considers appropriate. Note to Sch. 7 cl. 16(6) amended by No. 17/2009 s. 24(2). The Regulations may restrict or provide for circumstances or conditions relating to the exercise of the power of a coordinating road authority to impose conditions on a consent to the conduct of proposed works: see sections 132(3)(c) and 132(3)(ca). (7) Without limiting the generality of subclause (6), conditions may include conditions relating to— (a) the location of any proposed infrastructure; (b) the timing of any works; (c) the use of any infrastructure. A condition may require that an item of infrastructure is to be located at a certain setback from a roadway. A condition may require that particular infrastructure be of a particular design or standard so as to minimise danger to road users. A condition may require that particular infrastructure only be used for certain purposes or at certain times. (8) A coordinating road authority may include consents and conditions which are to apply generally in respect to all cases or to different classes of cases in an agreement under clause 18. Sch. 7 cl. 16(9) amended by No. 55/2013 s. 26(6). (9) Conditions subject to which a consent is given under this clause must not— (a) be inconsistent with this Act or any regulations; or (b) require the applicant to act in a manner inconsistent with relevant industry safety and technical requirements imposed by or under any other Act. 1 Regulations may provide that a coordinating road authority may not impose a condition of a specified type. 2 Under sections 25(2)(e) and 27(2)(g), Codes of Practice may be referred to in determining whether or not the refusal of consent or any condition is reasonable. A failure by a coordinating road authority to consult in good faith in accordance with the principles set out in a Code of Practice may be evidence that the refusal to consent or the imposing of a condition is unreasonable. (10) A coordinating road authority may provide that the consent applies in respect of a particular case or a class of cases as is specified in the consent. 17 Process applying to applications for written consent (1) If the coordinating road authority has not responded to an application under clause 16 before the expiry of the relevant period after the coordinating road authority receives the application, the coordinating road authority is to be taken to have given written consent. (2) If a coordinating road authority refuses to give written consent, the coordinating road authority must give reasons in writing for the refusal to the applicant. (3) Section 125 applies to any dispute arising out of a decision of a coordinating road authority on an application under clause 16. (4) A Code of Practice may provide for any matter relating to the process for considering applications under clause 16, including specifying grounds or criteria for refusing written consent. (5) In this clause, ***relevant period*** means— (a) unless paragraph (b) applies, a period of 20 business days; or (b) a period of business days as may be prescribed. 18 Agreements in respect of proposed works (1) A coordinating road authority may enter into an agreement with a road authority, an infrastructure manager or works manager in respect of proposed works on roads. (2) A term in the agreement that the coordinating road authority will give consent to proposed works, or give an exemption or variation, to which the agreement applies is sufficient consideration to make the agreement an enforceable contract. (3) An agreement under this clause must not be inconsistent with this Act or any applicable Code of Practice. 19 Power to rectify works on a road (1) If a coordinating road authority considers that any works have not been conducted in accordance with this Act, the coordinating road authority may give a notice to the road authority, infrastructure manager or works manager that authorised or conducted the works requiring rectification works to be conducted within a reasonable period specified in the notice. (2) If a road authority, infrastructure manager or works manager fails to comply with a notice given under subclause (1), the coordinating road authority may conduct the rectification works or engage a person to conduct the rectification works on behalf of the coordinating road authority. (3) A coordinating road authority may recover costs reasonably incurred in conducting rectification works from the road authority, infrastructure manager or works manager that failed to comply with the notice given under subclause (1). Under section 27(2)(g) and 27(2)(h), Codes of Practice may be referred to in determining whether or not the requirement to rectify works is reasonable. 20 Power to require removal, relocation, replacement or upgrade of existing non-road infrastructure (1) A coordinating road authority may for the purpose of improving the safety or efficient operation of a road by notice require an infrastructure manager responsible for existing non-road infrastructure on a road to remove, relocate, replace or upgrade the non-road infrastructure. (2) A notice under subclause (1) must specify— (a) the reason for requiring the removal, relocation, replacement or upgrade; (b) the applicable standard to be met; (c) the period within which the removal, relocation, replacement or upgrade is to be completed. (3) The coordinating road authority must meet the costs reasonably incurred by the infrastructure manager in completing the removal, relocation, replacement or upgrade to the applicable standard. Sch. 7A inserted by No. 74/2007 s. 79. Schedule 7A—Street lighting 1 Definitions In this Schedule— ***operating costs***, in respect of street lighting, means all costs related to the operation and maintenance of the street lighting, including, but not limited to— (a) the costs of electricity supply; and (b) maintenance and repair costs; and (c) replacement costs for obsolete lighting; but not including installation costs; ***relevant municipal council***, in relation to a road, means the municipal council for the municipal district in which the road is located; 2 Power to install street lighting A responsible road authority may, at its discretion, cause to be installed street lighting on roads or parts of roads for which it is the coordinating road authority or the responsible road authority to the extent and in a manner which it considers appropriate having regard to its road management functions. 3 Responsibility for installation and operating costs of street lighting (1) The installation costs and the operating costs of street lighting are to be paid— (a) in the case of the Link Road—by the Link corporation; and (b) in the case of the Extension road—by the Extension corporation; and (c) in the case of EastLink—by the EastLink corporation; and Sch. 7A cl. 3(1)(ca) inserted by No. 8/2019 s. 146. (ca) in the case of the West Gate Tunnel tollway—by the West Gate Tunnel Corporation; and Sch. 7A cl. 3(1)(cb) inserted by No. 18/2020 s. 153. (cb) in the case of the North East Link road—by the North East Link State Tolling Corporation; and (d) in the case of street lights for a road that is not an arterial road, other than a road or part of a road referred to in paragraph (a), (b) or (c)—by the responsible road authority for that road; and (e) in the case of street lights for a service road on an arterial road, other than a road or part of a road referred to in paragraph (a), (b) or (c), and any adjacent area for which a municipal council is the responsible road authority—by the council; and (f) in the case of street lights for an arterial road or part of an arterial road not otherwise referred to in paragraph (a), (b), (c), (d) or (e)—in accordance with subclause (2). (2) For the purposes of subclause (1)(f)— (a) the installation costs are to be paid by the road authority that caused the street lighting to be installed for the road; and Sch. 7A cl. 3(2)(b) amended by No. 49/2019 s. 183(Sch. 3 item 53). (b) the operating costs are to be paid by the Head, Transport for Victoria and the relevant municipal council in the following proportions— Sch. 7A cl. 3(2)(b)(i) amended by No. 49/2019 s. 183(Sch. 3 item 53). (i) 60% by the Head, Transport for Victoria; (ii) 40% by the council. Sch. 7A cl. 4 expired by force of No. 12/2004 Sch. 7A cl. 4(5). Sch. 8 amended by No. 28/2009 s. 61.