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Road Management Act 2004
Sch 9Transitional and savings provisions
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Schedule 9—Transitional and savings provisions
1 Declaration of existing roads
(1) A road which immediately before 1 July 2004 is declared as a freeway, is deemed to have been declared as a freeway under this Act.
(2) A road which immediately before 1 July 2004 is declared as—
(a) a forest road; or
(b) a main road; or
(c) a State highway; or
(d) the King-Street Bridge; or
(e) a tourists' road—
is deemed to have been declared as an arterial road under this Act.
(3) A road which immediately before 1 July 2004 is declared as a stock route is deemed to be a road under this Act.
(4) A part of a road which immediately before 1 July 2004 is declared as a metropolitan bridge, is deemed to have been declared under this Act the same as the declaration under this Act of the road connected by the metropolitan bridge.
(5) A road which immediately before 1 July 2004 is not a road to which subclause (1) or (4) applies may be declared as a State road or municipal road under this Act if a road authority registers the public highway as a public road in its register of roads.
(6) A metropolitan bridge is to be declared the same as the declaration of the public road connected by the metropolitan bridge.
(7) In this clause—
***forest road*** means a road declared to be a forest road under the **Transport Act 1983** or proclaimed to be a forest road under any corresponding previous enactment;
***main road*** means a road declared to be or deemed to be a main road under the **Transport Act 1983** or any corresponding previous enactment;
***metropolitan bridge*** means a bridge declared or deemed to have been declared under the **Transport Act 1983** or any corresponding previous enactment to be a metropolitan bridge;
***King-Street Bridge*** has the same meaning as it had in the **King-street Bridge Act 1957**;
***State highway*** means a road declared to be or deemed to be a State highway under the **Transport Act 1983** or any corresponding previous enactment;
***stock route*** means a route declared to be or deemed to be a stock route under the **Transport Act 1983** or any corresponding previous enactment;
***tourists' road*** means a road declared to be a tourists' road under the **Transport Act 1983** or proclaimed to be a tourists' road under any corresponding previous enactment.
2 Savings provisions
(1) Subject to this Act, the amendments made to the **Transport Act 1983** by section 137 do not affect the continuity, status, operation or effect of any act, matter or thing done, existing or continuing under the **Transport Act 1983** as in force immediately before 1 July 2004.
(2) The repeal of section 203 of the **Local Government Act 1989** does not affect the status of any public highways vested in a municipal council under that section.
Sch. 10 (Heading) amended by No. 45/2016 s. 11.